This division is adopted to provide the general rules associated with the administration of the zoning ordinance and applications pursuant thereto.

(Ord. No. 97-05, § V.E-200.1, 5-13-97)

Prior to accepting an application as complete, the City shall determine whether the applicant or real party in interest owes the City any money for services previously rendered by the Community Development Department in the processing of any application provided for in this division. The submitted application shall not be accepted as complete until such time as all such balances due are paid in full.

(Ord. No. 97-05, § V.E-200.2, 5-13-97)

The Director of Community Development shall have the authority to define and perform technical updates (i.e., scrivener's errors, clarifications, including exhibits that do not change the intent of the regulation to the zoning ordinance) without a public meeting or hearing. A technical update shall not include any of the following:

1.

Establishing and/or revising specific land uses or zoning districts;

2.

Establishing and/or revising overlay districts;

3.

Establishing and/or revising general development standards land use regulations;

4.

Establishing and/or revising planning area boundaries; and

5.

Establishing and/or revising special development requirements for a planning area.

Approvals of Zoning Code amendments pursuant to this process shall be forwarded to the City Clerk for inclusion in the Zoning Code documentation.

(Ord. No. 09-02, § 3, 3-24-09)

The administrative relief procedure is intended to allow for flexibility in regulations when a standard is inapplicable or inappropriate to a specific use or design. This provision applies only to parking, walls and fences, landscaping, signs, child care centers, and wireless communication facility separation. Administrative relief for parking may be granted only in accordance with the provisions outlined in Section 4-6-3. Requests to waive all or a portion of the required number of parking spaces that are not in accordance with these sections shall be subject to the variance procedure established in Chapter 2-37.

(Code 1976, § V.E-201.1; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-9, §§ 6—11, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 09-02, § 3, 3-24-09)

Administrative relief is required when any deviation is proposed from the following standards:

A.

Parking (Division 4).

B.

Landscaping, walls and fences, and child care centers (Division 3).

C.

Signs (Division 7).

(Code 1976, § V.E-201.2; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-9, §§ 6—11, 6-22-93; Ord. No. 94-7, § 3, 6-14-94)

A.

Persons eligible. The property owner or authorized agent of the property owner may initiate a request for administrative relief.

B.

The information listed below is required at the time an administrative relief application is submitted to the Community Development Department:

1.

A complete development case application signed by the property owner or its authorized representative.

2.

A deposit or fee as set forth by ordinance or resolution of the City Council.

3.

A letter of justification describing the request, including the zoning ordinance sections from which relief is being sought. The letter shall also explain how the proposed project will satisfy the findings in Sections 2-2-7—2-12-12 for administrative relief.

4.

Information required for public meetings and hearings, when required, as determined by the Director of Community Development (see Chapter 2-23).

5.

Information as required by the City of Irvine administrative relief information sheet.

6.

Other information as required by the Director of Community Development.

(Code 1976, § V.E-201.3; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-9, §§ 6—11, 6-22-93; Ord. No. 94-7, § 3, 6-14-94)

A.

The Zoning Administrator shall be the approval body for administrative relief, except when the application has been called up for review, prior to posting of the public notice, by a member of the Planning Commission and action by the Commission.

B.

However, in the following instances, the Director of Community Development shall have the authority to approve an administrative relief request:

1.

Increase in the permitted sign height by no more than 10 percent or 12 inches, whichever is less;

2.

Increase in the permitted letter height by 10 percent;

3.

Increase in the permitted sign area by no more than 10 percent;

4.

Increase in the maximum wall or fence height by no more than 12 inches.

C.

Any request for administrative relief that is accompanied by an application for another development case, such as a conditional use permit or Master Plan, shall be acted upon by the approval body for the development case.

(Code 1976, § V.E-201.4; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-9, §§ 6—11, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 97-05, 5-13-97)

The Zoning Administrator or Planning Commission, whichever is applicable, shall hold at least one public hearing in accordance with Chapter 2-23, and shall by resolution approve, deny, or approve in modified form the administrative relief request, based on the findings in Sections 2-2-7—2-2-10, 2-2-11 or 2-2-12 below. In cases where the Director of Community Development is acting as the approval body, as specified in Section 2-2-4 above, no public hearing or notice shall be required.

(Code 1976, § V.E-201.5; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-9, §§ 6—11, 6-22-93; Ord. No. 94-7, § 3, 6-14-94)

In order for the approval body to approve administrative relief from parking standards, the approval body shall find that:

A.

Due to special circumstances associated with the operation of a particular use, the proposed use will generate a parking demand significantly different from the City's parking standards;

B.

The parking spaces to be provided shall be conveniently located to allow for the safe and efficient operation of the use they will serve;

C.

The uses which shared parking spaces are to serve, if applicable, have noncoincidental peak periods; therefore, the number of spaces provided will be adequate to accommodate each use during peak periods; and

D.

The parking spaces to be provided through off-site parking, if applicable, are not required for use at that site.

(Code 1976, § V.E-201.6; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-9, §§ 6—11, 6-22-93; Ord. No. 94-7, § 3, 6-14-94)

In order for the approval body to approve administrative relief from sign standards, the approval body shall find that:

A.

The intent of Division 7 (Signs) of this zoning ordinance is being preserved.

B.

The proposed sign will enhance and harmonize with other on-site signs and with the site, building, and/or use being identified by the sign.

C.

The proposed sign will not negatively impact the aesthetics of the subject site or the surrounding properties.

(Code 1976, § V.E-201.7; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-9, §§ 6—11, 6-22-93; Ord. No. 94-7, § 3, 6-14-94)

In order for the approval body to approve administrative relief from landscaping standards, the approval body shall find that:

A.

The intent of Chapter 3-15 of the zoning ordinance is being preserved.

B.

The proposed landscape design will enhance and harmonize with the existing landscape on-site, if applicable, the building, and/or use of the project site.

C.

The request will not negatively impact the appearance of the project site or the surrounding properties.

D.

The proposed landscape design complies with the requirements of the sustainability in landscape ordinance.

(Code 1976, § V.E-201.8; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-9, §§ 6—11, 6-22-93; Ord. No. 94-7, § 3, 6-14-94)

In order for the approval body to approve administrative relief from child care center standards, the approval body shall find that:

A.

The intent of Chapter 3-10 of the zoning ordinance is being preserved.

B.

The proposed child care center complies with all applicable State of California day care licensing requirements.

C.

The request will not negatively impact the surrounding neighborhood or adjacent businesses.

(Code 1976, § V.E-201.9; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-9, §§ 6—11, 6-22-93; Ord. No. 94-7, § 3, 6-14-94)

In order for the approval body to approve administrative relief from wall and fence standards, the approval body shall find that:

A.

The proposed wall or fence materials and dimensions will meet the intent of the zoning ordinance to preserve public health, safety and welfare.

B.

The proposed wall or fence materials and dimensions will enhance and harmonize with the existing landscape on-site, if applicable, the building, and/or use of the project site.

C.

The request will not negatively impact the appearance of the project site or the surrounding properties.

(Code 1976, § V.E-201.10; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-9, §§ 6—11, 6-22-93; Ord. No. 94-7, § 3, 6-14-94)

In order for the approval authority to approve administrative relief from the minimum 2,000-foot separation between Class 9, Class 10, or Class 11 antennae, the approval authority shall find that:

1.

The intent of Chapter 3-8 of the zoning ordinance, as modified by the intent articulated in Chapter 2-37.5 of this ordinance, is being preserved.

2.

The proposed antenna will not pose a detrimental aesthetic or visual impact on the subject site or the surrounding properties.

3.

The proposed reduction in the 2,000-foot separation requirement is necessary to address and overcome technical siting constraints to be documented by an independent radio frequency coverage report as may be required, reviewed, and approved by the City.

4.

The proposed separation between the subject antenna and the nearest Class 9, Class 10, or Class 11 antenna is the maximum feasible distance that addresses the technical constraints identified in the radio frequency coverage report.

(Ord. No. 05-13, § 4, 7-12-05)

A.

A decision of the Zoning Administrator or the Director of Community Development with respect to an administrative relief application may be appealed to the Planning Commission within 15 calendar days of the date of the decision in accordance with Chapter 2-5.

B.

A decision of the Planning Commission with respect to an administrative relief application may be appealed to the City Council within 15 calendar days of the date of the decision in accordance with Chapter 2-5.

(Code 1976, § V.E-201.11; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-9, §§ 6—11, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 18-05, Exh. A, 4-24-18)

A.

Zoning Administrator or Director of Community Development action on administrative relief shall become effective 15 calendar days after the date of the Administrator's or Director's decision, whichever is applicable, unless appealed to the Planning Commission.

B.

Planning Commission action on administrative relief shall become effective 15 calendar days after the date of the Commission's decision unless appealed to the City Council. Appeals which are denied by the City Council shall be effective on the date of City Council action.

C.

Administrative relief shall lapse, expire and become void three years following the date on which it becomes effective unless:

1.

A building permit is issued for the site and construction is commenced and diligently pursued toward completion; or

2.

A permit is issued authorizing occupancy of the site or structure; or

3.

The site is occupied if no building permit or certificate of occupancy is required.

D.

When an approved administrative relief is due to expire, the Director of Community Development shall have the authority to extend the administrative relief for one additional three-year period. The landowner must request an extension in writing at least 30 days prior to the expiration date, must pay a fee as set forth in an ordinance or resolution of the City Council and must provide a letter of justification explaining how the following findings can be made:

1.

All elements of the administrative relief are consistent with the City's original findings.

2.

All circumstances of the project are substantially the same as when the administrative relief was originally approved.

The Director of Community Development shall approve or deny the extension based upon his or her concurrence with and verification of the above findings. Subsequent extensions shall require the filing of a new administrative relief application. A decision by the Director of Community Development may be appealed to the Planning Commission using the same procedure as that specified in Section 2-2-13.

(Code 1976, § V.E-201.12; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-9, §§ 6—11, 6-22-93; Ord. No. 94-7, § 3, 6-14-94)

Failure to comply with any administrative relief condition is a violation of this zoning ordinance subject to the enforcement and revocation procedures as prescribed and set forth in Chapter 2-10. Any administrative relief may be revoked upon failure to comply with any of the conditions or terms of approval or if any law or ordinance is violated in connection with the administrative relief approval.

(Code 1976, § V.E-201.13; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-9, §§ 6—11, 6-22-93; Ord. No. 94-7, § 3, 6-14-94)

The affordable housing implementation procedure is a means for fulfilling the affordable housing requirements for certain developments or planning areas, as set forth in the General Plan Housing Element (hereinafter the "Housing Element"). The implementation procedure describes the requirements for submitting the affordable housing plan to the City and to ensure that General Plan requirements are met. Except as otherwise provided in the Housing Element, nothing herein is intended, nor does it place any obligation on the City to provide financial incentives or offset the cost of providing affordable housing.

(Ord. No. 04-15, § 3, 12-14-04; Ord. No. 07-11, § 3, 4-24-07)

The provisions of this chapter shall be applicable to all residential development proposals, regardless of zoning, within the City of Irvine. However, unless stated otherwise in this chapter, the terms "applicant," "application," "project," and "development" relate only to residential developments of 50 or more units. For the purposes of this chapter, the term "applicant" shall mean and, depending on context, shall include the owner(s), lessee(s) or developer(s) of property, or their authorized agents, with regard to any application for residential property development permits or approvals from the City of Irvine.

Projects with less than 50 units may utilize one of the menu options listed in Section 2-3-5.B.3, in-lieu of providing affordable units.

(Ord. No. 04-15, § 3, 12-14-04; Ord. No. 07-11, § 3, 4-24-07)

A.

An applicant whose proposal is subject to meeting affordable housing requirements shall submit an affordable housing plan to the Housing Division as follows:

1.

Affordable housing plans for an entire planning area(s) shall be submitted in conjunction with the first residential map. No application subject to this section shall be deemed complete without submittal of an affordable housing plan. The plan shall be reviewed and approved by the Planning Commission as part of the entitlement process for a proposed project.

2.

Other residential projects shall submit an affordable housing plan in conjunction with an application for a General Plan amendment or zone change, or with the conditional use application if no General Plan amendment or zone change is proposed. No application subject to this section shall be deemed complete without submittal of an affordable housing plan. The plan shall be reviewed and approved by the Planning Commission as part of the entitlement process for a proposed project.

B.

The plan shall include the following components:

1.

A description of the affordable housing units to be provided, including type of occupancy, unit mix, income level served by the affordable housing units, and location of the units.

2.

A description of how the affordability of the units will be maintained for the period required by law. The minimum period of affordability for a newly constructed or converted affordable unit is 30 years. The minimum period of affordability for the extension of affordability of an existing affordable unit is 40 years.

3.

Whether or not affordable credits are being requested. Guidelines for the affordable credits program are included in Section 2-3-6 of this chapter.

C.

In conjunction with the submittal of an affordable housing plan, the applicant shall submit a written request to the City for any specific financial and/or processing incentives requested as a subsidy for the provision of affordable units. Financial and/or processing incentives that the City may provide include, but are not limited to, U.S. Department of Housing and Urban Development (HUD) funds, in-lieu fee proceeds, and the waiver of processing fees.

1.

If the applicant is seeking financial, processing or other assistance from the City of Irvine, as such assistance is defined in the Housing Element, the following additional information shall be provided:

a.

The type and level of financial, processing and/or other assistance being requested.

b.

An explanation of why the assistance is being requested.

c.

A justification for the type and level of assistance being requested. Such justification shall be in a format acceptable to the City to allow it to determine the validity of the justification.

d.

A list of any and all other non-City sources for assistance the applicant has received or applied for in conjunction with the project.

e.

A list of any and all other non-City sources for assistance the applicant has reviewed and a detailed explanation of why each of the other sources is not being used.

D.

The applicant shall make a good faith effort to obtain funding sources to achieve the affordable housing goal. In the event the proposed funding sources are not available or funding is limited for the development within the planning area, satisfaction of the affordable housing goal shall be achieved through selection of alternatives in the menu option defined in Section 2-3-5.B.2.

E.

The City will participate, when possible, in financial partnerships with applicants of affordable housing projects as a means of assisting the applicant's endeavor to secure subsidies and financing for the development of Income I, II and III rental or ownership housing. An applicant receiving financial incentives for affordable housing development projects shall be required to comply with the program monitoring guidelines as defined in Section 2-3-6.

(Ord. No. 04-15, § 3, 12-14-04; Ord. No. 07-11, § 3, 4-24-07)

Income level(s): For purposes of determining compliance with the City's Housing Element, income levels are defined pursuant to the Orange County HUD median income:

• Extremely Low (Health and Safety Code § 50106);

• Very Low (Health and Safety Code § 50105);

• Low (Health and Safety Code § 50079.5, 25 Cal. Code Regs. § 6928); and

• Moderate (Health and Safety Code § 50093).

Residential projects shall provide a minimum of 15 percent of their total units as affordable units, as defined by State statute herein, unless otherwise required by this chapter. The 15 percent affordable units shall be allocated in accordance with the following percentages:

A.

Extremely Low and Very Low-Income Levels. Five percent of the actual number of dwelling units shall be affordable as rental or ownership units to Extremely Low and Very Low-Income households established annually by the California State Department of Housing and Community Development.

1.

To the degree ownership units are provided to Very Low-Income Level households, a 2:1 credit will be attributed toward the achievement of the Income II goal.

2.

To the degree Extremely Low Income Level units are provided, a 1.6:1 credit is available. However, the number of Income 1 units in a specific project is subject to approval by the City.

3.

To the degree three-bedroom Extremely Low and Very Low-Income Level units are provided, a 1.4:1 credit will be attributed toward the achievement of the Income II goal.

4.

To the degree four-bedroom Extremely Low and Very Low-Income Levels units are provided, a 1.6:1 credit will be attributed toward the achievement of the Very Low-Income Level goal.

B.

Low-Income Level. Five percent of the actual number of dwelling units shall be affordable as either rental or ownership units, with the emphasis on ownership units, to low-income households established annually by the California State Department of Housing and Community Development.

1.

To the degree ownership units are provided to Low Income Level households, a 2:1 credit will be attributed toward achievement of the Low Income Level goal.

2.

To the extent that the affordable units referenced under Section 2-3-4.A, above, are provided with the use of financial and processing incentives in excess of the five percent goal, a 2:1 credit will also be attributed toward the achievement of this goal.

3.

To the degree three-bedroom Low Income Level units are provided, a 1.4:1 credit will be attributed toward the achievement of the Low Income Level goal.

4.

To the degree four-bedroom Low Income Level units are provided, a 1.6:1 credit will be attributed toward the achievement of the Income III goal.

C.

Combined Extremely Low-, Very Low-, and Low-Income Levels (alternative to meeting Sections 2-3-4.A and 2-3-4.B, above). In order to allow projects to compete for County affordable housing funds and because this approach provides a greater overall level of affordability, the City will regard the following as meeting the combined affordability goals for Extremely Low-, Very Low-, and Low-Income Levels, as set forth in Sections 2-3-4.A and 2-3-4.B of this chapter:

1.

Projects which provide a minimum of 10 percent of the proposed units affordable to households earning 60 percent or less of the County median income as annually defined California State Department of Housing and Community Development.

D.

Moderate Income Level. Five percent of the total number of dwelling units shall be affordable as rental or ownership units, with emphasis on ownership units in projects offering ownership housing, to moderate-income households established annually by the California State Department of Housing and Community Development. (Health and Safety Code § 50093)

E.

Varied Affordability Levels. The approval authority for the affordable housing plan required by this chapter shall have, on a case-by-case basis, the discretion to consider and approve ratios other than the currently required five percent ratios if the approval authority determines that a proposal will provide equivalent or enhanced affordability.

(Ord. No. 04-15, § 3, 12-14-04; Ord. No. 07-11, § 3, 4-24-07; Ord. No. 24-13, § 2(Exh. A), 9-10-24)

A.

Location of affordable units.

1.

Unless an applicant is qualified to utilize the menu option listed under Section 2-3-5.B, affordable units must be located within the planning area or on the site of the proposed project. Any affordable units to be developed outside of the planning area shall be proposed and identified as part of the affordable housing plan submitted for the overall development proposal. Provision of units outside of the subject planning area shall count toward the affordable housing goals of the subject planning area, not the planning area receiving the units.

2.

The affordable housing units shall be distributed to prevent a concentration of lower income households in a neighborhood that already has a disproportionately high number of lower income households. This prohibition also applies to any excessive concentration of housing provided for a single income level (e.g., an over-concentration of Extremely Low-Income housing in a neighborhood). However, in order to expand the applicant's opportunities to obtain financial assistance for the provision of affordable housing, a project with up to 100 percent affordability will be considered, and may be approved, by the City. A project application offering to provide affordable housing excess of the requirements set forth in this chapter, or the Housing Element, may only be denied in accordance with the terms of Government Code § 65589.5(d).

B.

Menu option alternatives.

1.

Intent of menu option. The menu option is an alternative to the on-site affordable housing requirements set forth in Sections 2-3-4 and 2-3-5.A.1 of this chapter. The menu option is designed to provide to the City affordable housing benefits that are equal in value to the actual provision of on-site units in the quantity and quality that would otherwise be provided. Equivalent values will be determined by taking into account an applicant's ability to reasonably secure financial incentives (leveraging) for the development of affordable units.

2.

Applicability of the menu option. An applicant may only use the menu option if the fulfillment of its affordable housing obligations under this chapter are otherwise infeasible, or if the approval authority for the affordable housing plan required by this Chapter determines that the menu option will advance the City's policies and goals related to affordable housing. The City will consider the fulfillment of affordable housing requirements set forth in Sections 2-3-4 and 2-3-5.A.1 of this chapter to be "infeasible" under the following circumstances:

a.

The applicant proposes development in the hillside Planning Areas 1, 2, 6, 17, 18, 22, or 27 where development of affordable housing is impacted by the increased cost of development in hillside areas;

b.

The applicant proposes a zone change and/or General Plan amendment to change the land use designation from high, medium, or medium-high residential density to low or estate density which would bring the percentage of residential land in the planning area designated for low or estate density to 75 percent or more; or

c.

The planning area meets all the following criteria:

(1)

The planning area is predominately (over 75 percent of the entitlement) developed;

(2)

The planning area does not have a City-approved affordable housing program;

(3)

The undeveloped residential areas have a zoning designation of estate, low, and/or medium density; or

d.

Financial or processing incentives are not available to bridge the gap of developing affordable housing within the planning area. In order to determine whether or not financial and/or processing incentives are available to bridge the gap of developing affordable housing within the project area, the applicant shall submit the following items to the Director of Community Development, who will subsequently provide a written determination regarding the project's ability to utilize the menu option: A list of any and all other non-City sources for assistance the applicant has reviewed and a detailed explanation of why each of the other sources is not being used.

3.

Menu options. Applicants who qualify to choose a menu option may choose from one of the following "equivalent value" options:

a.

Convert existing market rate housing to affordable housing for a period of at least 30 years.

b.

Extend the term of affordability for affordable units for a period of at least 40 years.

c.

Payment of in-lieu fees.

d.

Transfer control of units to a nonprofit housing agency.

e.

Transfer of off-site credits for affordable units not provided on the site.

f.

Provision of alternative housing.

g.

Dedication of land for affordable housing.

h.

An alternative option acceptable to the City.

An applicant may use one or more options to satisfy the affordable housing requirement.

4.

Annual study. To ensure comparable equivalent value of selected menu options in exchange for not providing units within the planning area, the City shall conduct an annual reevaluation of the variables used in the in-lieu fee matrix.

5.

Implementation of menu options. Should the menu option be utilized in achieving the affordability goal, the following criteria shall be utilized to implement each option as respectively listed in Section 2-3-5.B.3:

a.

Convert market rate housing to affordable housing: The purchase cost of owner occupied or the rent for rental units shall be reduced to provide the same number of units at the same income levels as outlined in Section 2-3-4 for a period of at least 30 years.

b.

Extend the term of affordability of existing program affordable units: For bond units or other program affordable units whose affordability will expire within five years of the approval of the affordable housing plan, the existing level of affordability for the designated income households shall be extended for a period of at least 40 years from the existing expiration date for an equivalent or greater number of units than required in Section 2-3-4.

c.

Payment of in-lieu fees: The applicant may pay an in-lieu fee, based on the total number of units being developed, as determined by City Council resolution and based on the in-lieu fee formula. The in-lieu fee shall be determined at the time building permits are issued for development of a project. Applicants may pay an affordable housing in-lieu fee of $17,000 per unit if an application for a General Plan amendment in the Irvine Business Complex (Planning Area 36) was filed prior to January 1, 2007, and the in-lieu fees are paid and a building permit is pulled by December 31, 2009. Menu option items are designed to generate a value in furtherance of affordable housing that is equivalent or comparable to the actual value of providing such housing in the planning area as defined in Section 2-3-5.B.I.

Fees collected under the in-lieu fee program will be placed in the city's affordable housing fund (AHF) and will be used to fund projects implementing the City's Housing Element Needs Assessment and/or serving households earning 80 percent or less of the Area Median Income (AMI), as annually defined by the California State Department of Housing and Community Development.

d.

Transfer control of units to a nonprofit housing agency: Dedicate applicant-owned units to nonprofit organizations in the same ratio and at the same income levels as required in Section 2-3-4.

e.

Transfer of credits for affordable units provided elsewhere in the City: If an applicant has provided affordable housing above the required number of units, the excess units can be used as credit for satisfaction of affordable housing requirements off-site or can be sold to applicants who do not provide sufficient affordable units on-site, subject to the affordable housing credits program guidelines outlined in Section 2-3-6 of this chapter.

f.

Provision of alternative housing: The applicant may propose to provide alternative housing, such as special needs housing, single room occupancy hotels, or resident shelters. The number of units, rooms, or beds provided in alternative housing shall be credited on a one-to-one ratio to the total number of units required for the affordable housing needs goal. The same ratio may be applied to alternative housing provided within the planning area. To the degree Income I units are provided, a 1.6:1 credit is available. Menu option items are designed to generate a value in furtherance of affordable housing that is equivalent or comparable to the actual value of providing such housing in the planning area as defined in Section 2-3-5.B.1.

g.

Dedication of land for affordable housing: Transfer control of land to the City or a City-approved nonprofit agency to be used for affordable housing projects. The value of land dedication will be the same as the value of the number of affordable units with income levels as defined in Section 2-3-4 which are not provided in the proposed project. The value shall be calculated based on a City-approved appraisal of the land. Menu option items are designed to generate a value in furtherance of affordable housing that is equivalent or comparable to the actual value of providing such housing in the planning area as defined in Section 2-3-5.B.1.

h.

Other programs: Alternative programs which provide affordable housing in a manner not specifically described above may be considered by the City provided the requirement of Section 2-3-4 is met either through the provision of units or through the value of the alternative. Multiple credits may be allowed if such programs provide affordable housing in excess of the goals either in terms of the degree of affordability, in the amount of affordable units or both. Such programs may be approved at the discretion of the City as specified in an affordable housing implementation program. Menu option items are designed to generate a value in furtherance of affordable housing that is equivalent or comparable to the actual value of providing such housing in the planning area as defined in Section 2-3-5.B.1.

B.

Processing incentives defined. Processing incentives are any changes to existing land use policies which will increase the applicant's ability to provide affordable housing, such as modifications for setbacks or building height, fee waivers, and density bonuses granted according to Government Code regulations.

(Ord. No. 04-15, § 3, 12-14-04; Ord. No. 07-11, § 3, 4-24-07; Ord. No. 24-13, § 2(Exh. A), 9-10-24)

A.

Introduction. The purpose of the affordable credits ("credits") program is to promote the construction of affordable housing units within the City by establishing a system of credits that can be earned by applicants of residential projects which include higher percentages of affordable units than are currently required by the City's inclusionary housing program and in turn sold or transferred to applicants of other residential projects.

Separate credit programs are established for the three categories of affordable homes (Income Levels I/II, III and IV), so that a project can fulfill its affordable requirements on-site at one income level, while using credits to cover its requirement at another income level. The City will maintain a database to keep track of existing credits so that applicants of market-rate projects can be informed of the availability of such credits.

B.

Defined terms. The following defined terms are utilized in these guidelines:

Affordable housing credits agreement means an agreement required for any residential development project that is involved in the purchase or sale of credits.

Affordable housing in-lieu fees means fees payable by an applicant of a market-rate project or a mixed project with affordable shortfalls, in lieu of the actual construction of affordable units on the project site.

Affordable project means a residential project that includes only affordable units.

Affordable unit means a residential dwelling unit that is affordable to and rented or sold to a household with an income of below 120 percent of the County of Orange median income. An affordable unit may be designated as falling into one of four income categories (Income Levels I—IV), based on the highest household income that is qualified to purchase or rent that unit.

Agreement means an affordable housing credits agreement.

Applicant shall mean and, depending on context, shall include the owner(s), lessee(s) or developer(s) of property, or their authorized agents, with regard to any application for residential property development permits or approvals from the City of Irvine.

City means the City of Irvine.

County median income means the current median income in Orange County as determined by the U.S. Department of Housing and Urban Development.

Credits means affordable housing credits.

Excess affordable units means the number of affordable units in a residential project that fall within a given income level category that exceeds the required affordable component for that income level.

Income level(s): For purposes of determining compliance with the City's Housing Element, income levels are defined pursuant to the Orange County HUD median income:

Extremely Low income as defined by state statute means persons or households earning zero percent to 30 percent of the Area Median Income (AMI), adjusted for family size;

Very Low income as defined by state statute means persons or households earning 31 percent to 50 percent of the Area Median Income (AMI), adjusted for family size;

Low income as defined by state statute means persons or households earning 51 percent to 80 percent of the Area Median Income (AMI), adjusted for family size; and

Moderate income as defined by state statute means persons or households earning 81 percent to 120 percent of the Area Median Income (AMI), adjusted for family size.

In-lieu fees means affordable housing in-lieu fees.

Market-rate project means a residential project that only includes market-rate units.

Market-rate units mean residential dwelling units that are not affordable units.

Mixed project means a residential project that includes both affordable units and market-rate units.

Mixed project with affordable shortfall means a mixed project in which there is a shortage of affordable units at one or more income levels. (Please note that it is possible that a mixed project with affordable shortfall at one income level category may have sufficient affordable units or excess affordable units at other income level categories).

Mixed project with excess affordables means a mixed project in which there are excess affordable units at one or more income levels. (Please note that it is possible that a mixed project with excess affordables for one income level category may have a shortage of affordable units at other income level categories).

Program means the City affordable housing credits program.

Required affordable component means, for any residential project within the City, the percentages of dwelling units that are required to be affordable to households in each of the three income level categories listed below:

Income Levels I and II: Five percent of project.

Income Level III: Five percent of project.

Income Level IV: Five percent of project.

C.

Guidelines. The program shall be administered by the City according to the following guidelines:

1.

An agreement must be executed prior to the issuance of building permits for those units in a market-rate project or mixed project with affordable shortfall that will be satisfying their required affordable component through the use of credits. The purchaser of credits, the seller of credits and the City shall all be signatories to the agreement. The agreement shall state the number of credits involved, and must identify the specific residential projects that will be generating the credits and will be receiving the credits. Information on the purchase price or payment arrangements for the credits shall not be required to be disclosed within the agreement.

2.

Affordable credits generated by excess affordable units shall become available for use by a market-rate project or mixed project after:

(i)

Building permits for the excess affordable units have been issued; and

(ii)

The applicant of the affordable project or mixed project with excess affordables has posted a bond to assure the construction of the excess affordable units or a certificate of occupancy has been issued for the excess affordable units.

3.

Separate affordable credits shall be issued for excess affordable units in each of the three income level categories (i.e., Income Levels I/II, III and IV).

4.

Affordable projects and mixed projects that agree to satisfy the required affordable component for one or more income level categories on-site shall not be required to pay in-lieu fees or provide affordable credits for the income level categories anticipated to be provided on-site. Said agreement will be enforced through a condition of the discretionary approval of the project.

5.

Until credits become available, even after the agreement is executed, the applicant of any residential project that is not providing its required affordable component for a given income level category on-site must pay in-lieu fees at the time of building permit issuance for any market-rate units or affordable units not yet covered by credits for that income level category. These in-lieu fees shall be reimbursed to the applicant of the market-rate project and/or the mixed project, without interest, upon availability of the credits listed in the agreement (see guideline #2).

6.

One credit for any income level category shall release 19 dwelling units in a market-rate project or a mixed project with affordable shortfall from their required affordable component for that same income level category.

7.

The following guidelines for granting credits and combining credits for affordable units are summarized in table 1 below:

a.

Units that are priced for, sold to and occupied by households in income level categories I, II and III shall receive 2.0 credits in the corresponding income category.

b.

1.6 Income Levels I/II credits shall be granted for each rental excess affordable unit that satisfies the Income Level I category requirement.

c.

3.2 Income Levels I/II credits shall be granted for excess affordable units that satisfy Income Level I category requirements and are priced for, sold to and occupied by households in the Income Level I category.

d.

1.4 Income Levels II and III credits shall be granted in the corresponding income level category for rental excess affordable units that include three bedrooms, and 1.6 Income Level II and III credits shall be granted in the corresponding income level category for rental excess affordable units that include four bedrooms.

e.

2.24 Income Levels I/II credits shall be granted for rental excess affordable units in the Income Level I category that include three bedrooms, and 2.56 Income Levels I/II credits shall be granted for rental excess affordable units in the Income Level I category that include four bedrooms.

f.

2.8 Income Levels II and III credits shall be granted for excess affordable units in the corresponding income level categories that include three bedrooms and are priced for, sold to and occupied by households in the corresponding income level category.

g.

3.2 Income Levels II and III credits shall be granted for excess affordable units in the corresponding income level categories that include four bedrooms and are priced for, sold to and occupied by households in the corresponding income level category.

h.

4.48 Income Levels I/II credits shall be granted for excess affordable units in the Income Level I category that includes three bedrooms and are priced for, sold to and occupied by households in the Income Level I category.

i.

5.12 Income Levels I/II credits shall be granted for excess affordable units in income category I that include four bedrooms and are priced for, sold to and occupied by households in the Income Level I category.

8.

All applicants of market-rate projects or mixed projects with affordable shortfalls utilizing the program shall pay for their share of the administration costs related to the application of credits to their project through hourly fees charged by the City. Any administrative costs not covered by the hourly fees shall be paid to the City by the applicant of the market-rate project or mixed project with affordable shortfall prior to the acceptance of the credits for the specific project by the City.

9.

Credits shall be assigned to applicants of affordable projects or mixed projects with excess affordables, based on the guidelines listed above, for:

(i)

The conversion of existing market-rate units to affordable units for a period of at least 30 years;

(ii)

The extension of the term of affordability of existing affordable units by an additional 40 years; and

(iii)

The construction of accessory dwelling units that meet the City's affordability guidelines.

Credits may be assigned to property owners and applicants in return for the dedication of land for affordable housing use and the construction of special needs housing, with the number of credits assigned based on the City's determination of the value of these types of assistance.

10.

Affordable projects or mixed projects with excess affordable that have received affordable housing in-lieu fees from the City shall have their credits reduced based on the proportion of their affordable units that have been fully or partially assisted with the affordable housing in-lieu fees. The Director shall make all determinations regarding the number of affordable units assisted in this manner.

11.

A database shall be prepared and maintained by the City to keep track of the use and availability of affordable credits within the City. A list of uncommitted excess affordable credits shall also be kept on file by the City to be made available to applicants of market-rate projects and mixed projects with affordable shortfalls who are interested in purchasing credits.

(Ord. No. 04-15, § 3, 12-14-04; Ord. No. 07-11, § 3, 4-24-07; Ord. No. 18-05, Exh. A, 4-24-18)

Pursuant to the Housing Element, the purpose of financial and processing incentives is to bridge the gap between the actual cost of construction of a market rate unit and the value of an affordable unit. If financial incentives are not available for on-site construction of affordable units, satisfaction of the affordable housing goal shall be achieved through the selection of alternatives in the menu options outlined in this section. Nothing herein is intended nor does it place any obligation on the City to provide financial incentives or offset the cost of providing affordable housing as required by the Housing Element.

A.

Financial incentives defined. Financial incentives mean monetary assistance to the project for the purpose of subsidizing the cost of providing affordable units. The City or another public, private or nonprofit source may provide financial assistance.

B.

Processing incentives defined. Processing incentives are any changes to existing land use policies which will increase the applicant's ability to provide affordable housing, such as modifications for setbacks or building height, fee waivers, and density bonuses granted according to Government Code regulations.

(Ord. No. 04-15, § 3, 12-14-04; Ord. No. 07-11, § 3, 4-24-07)

A.

To the fullest extent permitted by law, the affordable housing plan and approvals for projects subject to this chapter shall provide the City of Irvine with the right of first refusal over the placement of qualified tenants for the affordable units for the project in a manner which complies with City laws and policies related to the provision of affordable housing. This restriction shall be recorded in the same property covenant against the applicable parcel which secures the affordability of such units.

B.

The owner of projects subject to this chapter shall provide the City with an annual report detailing compliance with the adopted affordable housing plan for the project.

C.

Failure to comply with the affordable housing plan may result in revocation of project entitlements or approvals and other enforcement action by the City to the extent permitted by law.

(Ord. No. 04-15, § 3, 12-14-04; Ord. No. 07-11, § 3, 4-24-07; Ord. No. 24-13, § 2(Exh. A), 9-10-24)

When a project entails the development of an entire planning area, the applicant shall designate the sites on which affordable housing units shall be developed. The designation of affordable housing sites shall be made in conjunction with the submittal of the first subdivision map for the planning area. The applicant may submit a site plan or a letter indicating the sites designated for affordable housing.

A.

The affordable housing sites shall be distributed to prevent undue concentration of affordable housing in any one area.

B.

In order to expand the applicant's opportunities to obtain financial assistance for the provision of affordable housing, a project with up to 100 percent affordability will be considered, and may be approved, by the City. A project application offering to provide affordable housing in excess of the requirements set forth in this chapter, or the Housing Element, may only be denied in accordance with the terms of Government Code § 65589.5(d).

The owner(s) of any of the parcels indicated as a site for affordable housing shall be required to inform any potential purchaser/applicant that this site is to be used to fulfill the City's affordable housing requirements.

(Ord. No. 04-15, § 3, 12-14-04; Ord. No. 07-11, § 3, 4-24-07)

A.

Purpose and intent. The purpose of the provisions of this section is to comply with State density bonus standards, which are intended to provide incentives for the production of housing for very low income, low, and moderate income households, or senior households in accordance with California Government Code §§ 65915—65918, as may be amended from time to time or any successor density bonus statute. In enacting this section, it is the intent of the City of Irvine to facilitate the development of affordable housing and to implement the goals, objectives and policies of the City's Housing Element.

B.

Implementation. The City shall grant requests for a density bonus and incentives as set forth in Subsection 2-3-10.D, and in accordance with California Government Code §§ 65915—65918, as may be amended from time to time or any successor density bonus statute.

C.

Development standards. Target units should be constructed concurrently with market rate units unless both the City and the applicant agree within the Density Bonus Housing Agreement, required pursuant to Subsection 2-3-10.F, to an alternative schedule for development.

In determining the maximum affordable rent or affordable sales price of target units the following household and unit size assumptions shall be used, unless the housing development is subject to different assumptions imposed by other governmental regulations:

Target units should be built on-site wherever possible and, when practical, be dispersed within the housing development. Where feasible, the number of bedrooms of the target units should be equivalent to the bedroom mix of the market rate units of the housing development; except that the applicant may include a larger proportion of target units with a higher bedroom count. The design and appearance of the target units shall be compatible with the design of the total Housing Development. Housing Developments shall comply with all applicable development standards, except those which may be modified as provided by this Subsection 2-3-10.C.

Circumstances may arise in which the public interest would be served by allowing some or all of the target units associated with one housing development to be produced and operated at an alternative development site. Where the applicant and the City form such an agreement, the resulting linked developments shall be considered a single housing development for purposes of this section. Under these circumstances, the applicant shall be subject to the same requirements of this section for the target units to be provided on the alternative site.

A density bonus housing agreement shall be made a condition of the discretionary planning permits (e.g., tract maps, parcel maps, site plans, planned development or conditional use permits, etc.) for all housing developments pursuant to this section. The agreement shall be recorded as a restriction on the parcel or parcels on which the target units will be constructed. The agreement shall be consistent with Subsection 2-3-10.F.

D.

Development incentives. Development incentives shall be granted by the City in accordance with California Government Code §§ 65915—65918, as may be amended from time to time or any successor density bonus statute.

Criteria that may be used to evaluate whether an incentive is sufficient to make the affordable units economically feasible may include, but are not limited to, one or more of the following:

1.

A development pro forma outlining the capital costs, operating expenses, return on investment, revenues, loan-to-value ratio and the debt-coverage ration including the contribution provided by any applicable subsidy programs, and the economic effect created by the 30-year use and income restrictions of the affordable housing units.

2.

An appraisal report indicating the value of the density bonus and of the incentive(s) and of the value of any other incentives.

3.

Sources and use of funds statement identifying the projected financing gap of the project with the affordable housing units that are the basis for granting the density bonus and incentive(s). The applicant shall establish how much of the gap would be covered by the density bonus, leaving a remainder figure to be covered by additional incentives.

E.

Application requirements and review. An application pursuant to this section shall be processed concurrently with any other application(s) required for the Housing Division. Final approval or disapproval of an application shall be made by the Planning Commission. The approval or disapproval of the proposed development may be subject to the provisions of Government Code § 65589.5, which requires certain findings where the City proposes to:

1.

Disapprove, or approve with conditions rendering the affordable housing development infeasible; or

2.

Disapprove, or approve at a lesser density, a housing development proposal which complies with the applicable General Plan, zoning, and development policies in effect at the time the project's application is deemed complete.

F.

Density bonus housing agreement. Applicants requesting a density bonus shall (draft and) agree to enter into a density bonus housing agreement with the City. The terms of the draft agreement shall be reviewed and revised as appropriate by the Director of Community Development. Following execution of the agreement by all parties, the completed density bonus housing agreement, or memorandum thereof, shall be recorded and the resulting conditions filed and recorded on the parcel or parcels designated for the construction of target units.

The approval and recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The density bonus housing agreement shall be binding to all future owners and successors in interest.

The density bonus housing agreement shall include at least the following:

1.

The total number of units approved for the housing development, including the number of target units.

2.

A description of the household income group to be accommodated by the housing development, as outlined in Subsection 2-3-10.A and the standards for determining the corresponding affordable rent or affordable sales price and housing cost.

3.

The location, unit sizes (square feet) and number of bedrooms of target units.

4.

Tenure of use restrictions for target units of at least 30 years, in accordance with Government Code §§ 65915—65918, as may be amended from time to time or any successor density bonus statute.

5.

A schedule for completion and occupancy of target units.

6.

A description of the incentive(s) being provided by the City.

7.

A description of remedies for breach of the agreement by either party (the City may identify tenants or qualified purchasers as third party beneficiaries under the agreement).

8.

Other provisions to ensure implementation and compliance with this section.

In the case of for-sale housing developments, the density bonus housing agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period:

1.

Target units shall, upon initial sale, be sold to eligible very low, low or moderate income households at an affordable sales price and housing cost, or to qualified residents (i.e., maintained as senior citizen housing) as defined in Government Code §§ 65915—65918, as may be amended from time to time or any successor density bonus statute.

2.

Target units shall be initially owner-occupied by eligible very low, low or moderate income households, or by qualified residents in the case of senior citizen housing.

3.

The initial purchaser of each target unit shall execute an instrument or agreement approved by the City restricting the sale of the target unit in accordance with this chapter during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the target unit and shall contain such provisions as the City may require to ensure continued compliance with this ordinance and the state density bonus law.

In the case of rental housing developments, the density bonus housing agreement shall provide for the following conditions governing the use of target units during the use restriction period:

1.

The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining target units for qualified tenants;

2.

Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this section;

3.

Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit.

In the case of housing developments that utilize the density bonus provisions associated with child care facilities, the applicant shall comply with Government Code §§ 65915—65918, as may be amended from time to time or any successor density bonus statute.

(Ord. No. 04-16, § 3, 12-14-04; Ord. No. 07-11, § 3, 4-24-07)

The agricultural sales permit procedure provides agricultural business operators a process to operate in the City of Irvine while establishing standards to safeguard the aesthetic quality and the health, safety, and welfare of the community. Uses which may operate with an agricultural sales permit include, but are not limited to: Christmas tree lots, pumpkin patches, fruit and vegetable stands located on land appropriately zoned, and other similar uses which may operate at limited times of the year or throughout the year on an annual basis, such as the general public picking fruit from orchards and plant nurseries (excluding wholesale-only plant nurseries which do not sell to the general public). These agricultural sales uses shall be permitted in all zoning districts, but the requirements of an agricultural sales permit apply to agricultural uses when the agricultural use makes available item(s) for sale to the general public.

(Ord. No. 97-19, § 3(V.E-201-2.1), 11-11-97)

A.

No person or organization shall conduct, maintain, or advertise to the general public agricultural sales or permit its premises to be used for any agricultural sales to the general public without first obtaining an agricultural sales permit as provided in this section.

B.

There are two categories of agricultural sales uses:

1.

Seasonal agricultural sales uses (see Section 1-2-1 for definition).

2.

Annual agricultural sales uses (see Section 1-2-1 for definition).

C.

The effective dates and time limits for these uses may be found in Section 2-4-9.

(Ord. No. 97-19, § 3(V.E-201-2.2), 11-11-97)

A.

An application for an agricultural sales permit shall be obtained from the Community Development Department. The applicant shall submit the application, including any appropriate plans, to the Community Development Department, along with any required building, electrical, plumbing and/or encroachment and/or grading permit applications. The agricultural sales permit application shall be filed not less than 10 days prior to the proposed opening of the seasonal use.

B.

Permit application. The following information shall be submitted with the application for an agricultural sales permit:

1.

The name, address, and telephone number of the applicant/organization and an alternative contact person.

2.

The name, address, and telephone number of the person who will be present and in charge of the lot, patch or stand.

3.

A detailed description of the proposed agricultural sales use.

a.

Identify all general categories of items available for sale.

4.

The proposed starting and ending date and estimated hours of operation of the agricultural sales use.

5.

A site plan or drawing depicting the location of the agricultural sales use, including its boundaries, location of the structures, the parking area, ingress and egress, temporary sanitary facilities, lighting, etc.

6.

A separate encroachment permit may be required if approved permanent access does not exist to the site.

7.

The type and the number of structures, tents, etc., to be used on-site.

8.

The text, size, shape, material, and location of signs to be placed on-site. See sign ordinance for requirements.

9.

Permit exceptions. A manufactured structure permit is not required for seasonal or annual agricultural sales uses that propose manufactured structure(s) on-site during the period in which the agricultural sales permit is in effect. However, manufactured structures on-site shall conform to all current regulations of the California Building Standards Code, including Americans with Disabilities Act (ADA) accessibility standards.

10.

Cleanup. The applicant shall submit a letter stating that, during the operation of the agricultural sales use and within 48 hours after the conclusion of the agricultural sales use, the applicant will clean and restore to its original condition the property and the public right-of-way fronting the property upon which the agricultural sales use is to occur.

(Ord. No. 97-19, § 3(V.E-201-2.3), 11-11-97; Ord. 10-04, § 3, 4-13-10; Ord. No. 11-08, § 3(Exh. A), 8-23-11)

A.

Parking.

1.

Christmas tree lots, pumpkin patches, and similar uses shall provide one space per 500 square feet of indoor and outdoor display area including customer walkways and pathways, plus one space per employee.

2.

Fruit and vegetable stands and similar uses shall provide one space per 250 square feet of indoor and outdoor display area including customer walkways and pathways, plus one space per employee.

3.

The maximum area on-site that may be considered inventory storage is 100 percent of the size in square feet of the display area for the use. The inventory storage area will not require additional parking.

4.

All inventory storage areas shall be screened from the public right-of-way, so that the inventory is not visible.

5.

Parking will not be required for the agricultural crops/orchards growing on-site.

6.

All access shall be constructed consistent with City of Irvine standard plans and all parking areas shall be surfaced consistent with Section 4-4-3.A.

B.

Business license. In addition, the applicant shall acquire a City of Irvine business license prior to operating the agricultural sales business.

C.

Displays and products. All outdoor displays and products must relate to the primary operations of the agricultural sales business.

(Ord. No. 97-19, § 3(V.E-201-2.4), 11-11-97)

A.

Within 10 business days following the receipt of the completed application, the Director of Community Development shall approve, conditionally approve or deny the agricultural sales permit, based upon the findings contained in Section 2-4-7.

B.

The Director of Community Development may impose such terms, conditions and restrictions upon the operation or conduct of the agricultural sales use as may be deemed necessary or expedient to ensure that the findings in Section 2-4-7 can be made.

C.

The Director of Community Development shall mail to the applicant, by certified mail, or the applicant may pick up notice as to whether the permit has been granted or denied. The notice shall inform the applicant of the right to appeal the decision of the Director of Community Development pursuant to Section 2-4-8 below. Additionally, if the Director of Community Development should deny the application, the notice shall specify those reasons why the permit has been denied.

D.

The approved agricultural sales permit and all related business licenses must be posted on the premises in a conspicuous place.

(Ord. No. 97-19, § 3(V.E-201-2.5), 11-11-97)

A.

The agricultural sales use complies with all the applicable development standards of the Irvine zoning ordinance.

B.

Adequate traffic circulation, off-street parking, and pedestrian safety will be maintained during the operation of the agricultural sales use.

(Ord. No. 97-19, § 3(V.E-201-2.6), 11-11-97)

The decision of the Director of Community Development with respect to the seasonal use permit shall be final unless appealed. The decision by the Director of Community Development may be appealed to the Planning Commission and the Planning Commission's decision may further be appealed to the City Council. Please refer to Chapter 2-5 (Appeal Procedure) for the process for appeal.

(Ord. No. 97-19, § 3(V.E-201-2.7), 11-11-97)

A.

Seasonal agricultural sales uses shall conform to the following:

1.

Christmas tree lots may be approved and commence operation on November 1 for a period not to exceed 60 calendar days.

2.

Pumpkin patches may be approved and commence operation on October 1 for a period not to exceed 31 days.

3.

Fruit and vegetable stands may be approved and commence operation for a period not to exceed 120 days.

4.

The Director of Community Development may adjust these time limits for purposes including, but not limited to, accommodating consecutive seasons (i.e., pumpkin patches and Christmas tree sales) up to a maximum of six months.

B.

Annual agricultural sales uses shall commence on the day the original agricultural sales permit is issued and expire one year from the issuance date. The annual agricultural sales permit may be renewed annually as outlined in Section 2-4-11.

(Ord. No. 97-19, § 3(V.E-201-2.8), 11-11-97)

The applicant shall pay all required fees as determined by resolution of the City Council.

(Ord. No. 97-19, § 3(V.E-201-2.9), 11-11-97)

A.

All agricultural sales permits shall be renewed annually.

B.

The recipient of an approved agricultural sales permit from the previous year (same person/organization, same use, and at the same location) shall submit a written request to the Director of Community Development for a seasonal use permit renewal pursuant to the following criteria:

1.

Complete a new agricultural sales permit application and attach a copy of the previous year's approved application.

2.

The renewal fee, as determined by City Council resolution, shall be paid at the time of submittal.

3.

The Director of Community Development shall have five business days to complete the review of the application.

4.

Except as otherwise provided in this chapter, renewal applications shall be subject to the approval process contained in Section 2-4-5.

(Ord. No. 97-19, § 3(V.E-201-2.10), 11-11-97)

A.

No permit issued under provisions of this chapter shall be transferable or movable to another location or another permittee.

B.

Any agricultural sales permit issued pursuant to the provisions of this chapter may be revoked per Chapter 2-10 (Enforcement and Revocation Procedures).

(Ord. No. 97-19, § 3(V.E-201-2.11), 11-11-97)

A.

Any decision of the Director of Community Development or the Zoning Administrator may be appealed to the Planning Commission by the applicant or any person who owns property or resides within 500 feet of the property line of the proposed project. A recommendation of the Director of Community Development or the Zoning Administrator is not appealable. The 500-foot distance shall be measured from the property line of the project site. However, where a roadway is adjacent to a project site, the adjacent street and its right-of-way shall not be included in the 500-foot measurement. The Planning Commission may affirm, reverse, or modify the previous decision.

B.

Any decision of the Planning Commission may be appealed to the City Council by the applicant or any person who owns property or resides within 500 feet of the property line of the proposed project, unless for project types subject to separate appeal requirements established in the Municipal Code. A recommendation of the Planning Commission is not appealable. The 500-foot distance shall be measured from the property line of the project site. However, where a roadway is adjacent to a project site, the adjacent street and its right-of-way shall not be included in the 500-foot measurement. The City Council may affirm, reverse, or modify the previous decision. A decision of the City Council on such appeal shall be final.

C.

For coastal zone development see Chapter 2-7, or for a hazardous waste facility see Chapter 2-13, for special provisions regarding project appeals.

D.

The action taken by the City Council on a concept plan proposal or waiver cannot be appealed. The Council's decision shall become final on the effective date of the ordinance approving, denying or approving in modified form the concept plan.

E.

Any member of the Planning Commission or City Council may request that a decision of the Director of Community Services (for decisions related to park planning), Director of Community Development, City Engineer, or the Zoning Administrator be called up for review by the Planning Commission. Any member of the City Council may request that a decision of the Planning Commission be called up for review by the City Council.

(Code 1976, § V.E-202.1; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 05-16, § 2, 7-12-05; Ord. No. 18-05, Exh. A, 4-24-18; Ord. No. 23-13, § 3(Exh. A), 7-11-23)

A.

An appeal or a request for call-up review shall be filed, in accordance with this chapter, within 15 calendar days of the date of the decision. The actual date of the decision shall not be counted in the 15 calendar days; rather, the day following shall be counted as day number one. Any subsequent appeal or call-up review to a higher authority must also be made within 15 days of the decision.

B.

All appeals shall be made in writing, shall be filed during normal business hours at the designated location with the City Clerk, and shall specify the decision appealed from, the specific action or relief sought by the appellant in the appeal, and reasons why the action taken by a City approval body should be modified or reversed.

C.

A request for call-up review shall be filed with the City Clerk and shall only specify the decision for which call-up review is being requested.

D.

All appeals shall be accompanied by a deposit or fee as required by City Council resolution or ordinance, with the exception of an appeal filed by a project applicant, which shall not be subject to payment of any separate deposit or fee. A request for call-up review by a member of the City Council or the Planning Commission shall not be subject to payment of a deposit or fee.

(Code 1976, § V.E-202.2; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

Timely filing of a written appeal or a request for call-up review shall automatically stay all actions, and put in abeyance all approvals or permits which may have been granted; and neither the applicant nor any enforcing agency may rely upon the decision, approval, or denial or other action that is the subject of the appeal or call-up review, until the appeal or call-up review process has terminated or been completed.

(Code 1976, § V.E-202.3; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

The Director of Community Development shall schedule a public hearing before the Planning Commission, to occur within 60 calendar days of receipt of an appeal or a request for call-up review to this body; or within 90 calendar days of receipt of an appeal or a request for call-up review to this body when the appeal or call-up review request is received between November 1 and February 1, unless specified otherwise in appeal procedures within the Municipal Code.

B.

For any appeal or request for call-up review to the City Council, the City Clerk shall schedule a public hearing on the item before the City Council, to occur within 60 calendar days of receipt of the appeal or request for call-up review, unless specified otherwise in appeal procedures within the Municipal Code.

(Code 1976, § V.E-202.4; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 09-02, § 3, 3-24-09; Ord. No. 23-13, § 3(Exh. A), 7-11-23)

Public notice of an appeal or call-up review hearing shall be given in accordance with the public hearing procedures set forth in Chapter 2-23, unless specified otherwise in appeal procedures within the Municipal Code.

(Code 1976, § V.E-202.5; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 23-13, § 3(Exh. A), 7-11-23)

An appealed action or an action for which a call-up review request has been made shall not be effective unless and until the date that action on the appeal or call-up review is taken by the Planning Commission or the City Council, as provided above.

(Code 1976, § V.E-202.6; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

No matter shall be considered at an appeal hearing other than that specified in the notice of appeal filed pursuant to Section 2-5-2.B.

B.

No decision shall be considered at a call-up review hearing other than that specified in the request for call-up review made pursuant to Section 2-5-2.C.

(Added during 1998 recodification)

An appealed decision may only be modified or reversed on a majority vote of the quorum at the appeal hearing. In the event a quorum is present and a majority vote in favor of modifying or reversing an appealed decision is not obtained, the decision shall be affirmed. The same voting requirements apply to a decision that is called up for review by a member of the Planning Commission or City Council.

(Added during 1998 recodification)

It is the intent and purpose of this section to establish procedures whereby the City may grant broadband batch permit processing for substantially similar broadband project sites pursuant to Government Code Section 65964.3.

It is also the intent that all broadband batch permit applications shall be reviewed in accordance with the underlying permit type of the broadband project at issue in accordance with Chapter 2-36, Chapter 2-37.5, Chapter 3-8, and Chapter 3-40 of the Zoning Ordinance.

(Ord. No. 24-15, Exh. A, 9-24-24)

Unless specifically exempt by federal or state law, all applications for the simultaneous processing of between two (2) and fifty (50) substantially similar broadband project sites. Without limiting the generality of the foregoing, an applicant cannot apply for broadband batch permit processing for projects that would otherwise qualify as an eligible facility request under Section 1455 of Title 47 of the United States Code.

(Ord. No. 24-15, Exh. A, 9-24-24)

A.

Only the property owner, or authorized agent of such property owner, may submit an application for broadband batch permit processing.

B.

All applications for batch permit processing shall include the following information and fees:

1.

A description letter stating the following information:

a.

Broadband company, and/or applicant submitting on behalf of the broadband company, on the broadband permit application.

b.

A statement that the applicant wishes to process its application pursuant to this chapter.

c.

A statement explaining the shortest time frame the applicant believes applies to City's consideration of the broadband permit application with citation to the applicable legal authority. If the applicant fails to identify the relevant shot clock, the application will be deemed incomplete. Additionally, by failing to identify the relevant "shot clock," the applicant will be deemed to have stated that no such "shot clock" would apply to the application.

d.

A statement which states the type of broadband project proposed along with the corresponding Zoning Ordinance section which lists the requirements for such wireless facility as if it were a stand-alone application.

e.

A detailed description of the broadband projects, including: an explanation of how the projects will be substantially similar, and accompanying evidence to show the projects will satisfy the wireless communication facility standards in Chapter 3-8 and/or objective concealment elements in Chapter 3-40 of the Zoning Ordinance.

f.

Findings pursuant to Section 2-6-7 of this chapter.

2.

A spreadsheet with a numbered list of all broadband projects to be batched.

3.

A photo simulation for each broadband project.

4.

An overall site map identifying the locations of the broadband projects.

5.

A completed Broadband Batch Permit Processing Checklist, which is available from the Community Development Department or its website.

6.

A completed Broadband Batch Permit Processing Substantially Similar Questionnaire, which is available from the Community Development Department or its website.

7.

Radio Frequency (RF) compliance documentation, demonstrating compliance with applicable state and/or federal regulations.

8.

A base deposit fee as set forth by ordinance or resolution of the City Council of the underlying permit of the proposed facility.

9.

All materials and requirements found applicable to the underlying permit type of broadband project proposed in accordance with the Zoning Ordinance section identified by the applicant as part of Subdivision (B)(1)(d) of this section.

(Ord. No. 24-15, Exh. A, 9-24-24)

Broadband projects shall be eligible for batch permit processing if they are substantially similar, in that each facility is nearly identical in terms of equipment and general design.

A.

Equipment. Broadband projects will be considered nearly identical in terms of equipment if staff determines that each project consists of the following:

1.

The same type of support structure.

2.

The same number of equipment, and equipment size including, but not limited to, antennas, utility boxes, RDUs, dishes, and more.

3.

Equipment mounted at equal height or within five percent (maximum) below the highest mounted equipment in the batch.

4.

The same amount of support wiring, including electrical connection, fiber optics, coaxial, cable, etc., as dictated by the length to be installed.

B.

General design. Broadband projects will be considered nearly identical in terms of general design if staff determines that each project consists of the following:

1.

The same materials and colors.

2.

Lease area square footage is equal to or within five percent (maximum) less than the largest lease area in the batch.

3.

Square footage equal to or within five percent (maximum) less than the largest amount of square footage to be excavated, trenched or graded in the batch.

4.

The same general equipment layout.

(Ord. No. 24-15, Exh. A, 9-24-24)

A.

Staff shall determine the approval body of a batched application based on the underlying permit, as identified by Section 2-6-3 subdivision (B)(1)(D) of this chapter.

B.

In considering each batched broadband permit application, the appropriate approval body, may approve, partially approve, deny, or partially deny such an application. In the event that a broadband permit application contains wireless facilities which require different approval bodies, the highest approval body shall apply to the batch permit application.

C.

The appropriate approval body shall approve a broadband batch permit application, or a part of the application, only if they are able to make the findings set forth in Chapter 2-6-7.

(Ord. No. 24-15, Exh. A, 9-24-24)

The hearing and notice procedures for a batched application shall be in accordance with Chapter 2-23 of the Zoning Ordinance.

(Ord. No. 24-15, Exh. A, 9-24-24)

A.

The appropriate approval body may approve or condition all or a part of the Broadband Batch Permit provided they make the following findings:

1.

A complete application has been submitted.

2.

The Broadband Batch Permit Application meets the eligibility requirements in this chapter as defined in Section 2-6-4.

3.

The broadband projects are substantially similar, in that each facility is nearly identical in terms of equipment and general design, as defined in Section 2-6-4.

4.

Each broadband project site within the application complies with the applicable Wireless Communication Facility Standards in Chapter 3-8 and/or Objective Concealment Elements and Standards in Chapter 3-40.

5.

The City can make the other necessary findings as may be required by Chapter 2-36 and Chapter 2-37.5 for the particular type of facility at issue in the batch application.

6.

Where applicable, all illegal facilities, or other issues relating to non-compliance with applicable laws and regulations, have been corrected.

B.

In considering a Batched Broadband Permit Application, the appropriate approval body shall have the authority to approve only some of the batch of Broadband Permit Applications, and may deny others. However, in denying all or a portion of a Broadband Batch Permit Application, the City shall inform the applicant in writing of its denial, and the reasons supporting that denial.

(Ord. No. 24-15, Exh. A, 9-24-24)

The appeal procedure for a Broadband Permit Application shall be in accordance with the appeal procedure required for the underlying permit as found in Chapter 2-5 of the Zoning Ordinance.

(Ord. No. 24-15, Exh. A, 9-24-24)

Notwithstanding any other provision of this chapter to the contrary, an applicant may request an exemption to excuse it from having to comply with this chapter on the grounds that the requirement or action taken by the City would violate state or federal law. The City shall grant the exemption or excuse an applicant from compliance with all or a portion of this chapter, if it finds based on substantial evidence in the record that the challenged requirement or action is preempted by state or federal law.

(Ord. No. 24-15, Exh. A, 9-24-24)

The City reserves the right to reconsider the permit at the end of a ten year period time from the date of the original permit approval. Reconsideration items to be reviewed may include, but are not limited to, conformance with all objective standards, conformance with the objective concealment standards, operation of applicable radio frequency standards and regulations (as they may be amended from time to time), and compliance with the City's noise ordinance.

(Ord. No. 24-15, Exh. A, 9-24-24)

Within 30 days of terminating the operation of any facility approved under this section, for any reason, including, but not limited to, inoperable equipment, abandonment or technical obsolescence, the applicant shall notify the City of such termination. Said notification shall be in writing, shall specify the date of termination and shall include reference to the applicable permit number. At the applicant's sole expense and responsibility, all component elements of a terminated wireless communication facility shall be removed in accordance with applicable health and safety requirements and the site restored to its condition prior to the installation of the facility within 90 days from the date the use of the facility is terminated.

At any time after 90 days of discontinued use and/or operation of a Broadband facility, the City may remove the facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as is appropriate to be in compliance with applicable code. The City may, but shall not be required to, store the broadband facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the broadband facility, shall be jointly liable for the entire cost of such removal, repair, restoration, and storage, and shall remit payment to the City promptly after demand therefore is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City.

(Ord. No. 24-15, Exh. A, 9-24-24)

The coastal zone shall be as designated in Figure 2-7 (at the end of this chapter.)

(Code 1976, § V.E-203.1; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

Appealable developments defined. In accordance with Public Resources Code § 30603(a), an action taken by the City of Irvine on a coastal development permit application for a major public works project or a major energy facility exceeding $100,000 in estimated cost of construction may be appealed to the Coastal Commission.

B.

Persons who may appeal. In accordance with Public Resources Code § 30625, an appeal pursuant to this chapter may be filed by an applicant, any aggrieved person, or any two members of the Coastal Commission.

C.

Notice of appealable developments. Within 10 calendar days of accepting an application for an appealable coastal development permit (or equivalent) or at least seven calendar days prior to the first public hearing on a development proposal, the City of Irvine shall provide notice by first class mail of a pending application for an appealable development. This notice shall be provided to each applicant, to all persons who have requested to be on the mailing list for the development project for coastal decisions within the local jurisdiction, to all property owners and residents within 100 feet of the perimeter of the parcel on which the development is proposed, and to the Coastal Commission. The notice shall contain the following information:

1.

A statement that the development is within the coastal zone;

2.

The date of filing of the application and its proposed location;

3.

The number assigned to the application;

4.

A description of the development and its proposed location;

5.

The date, time and place at which the application will be heard by the Zoning Administrator;

6.

A brief description of the general procedure of the City of Irvine concerning the conduct of the hearing and the location of the hearing; and

7.

The system for local and Coastal Commission appeals, including any local fees required. The cost of notices which are not reimbursed to the City of Irvine through reimbursement pursuant to Public Resources Code § 30353 shall be borne by those requesting such notice.

D.

Public hearing on appealable developments. At least one public hearing shall be held on each application for an appealable development, thereby affording any persons the opportunity to appear and inform the City of Irvine of the nature of their concerns regarding the project. Such hearing shall occur no earlier than seven calendar days following the mailing of the notice required in Subsection C. The public hearing may be conducted in accordance with existing local procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing.

E.

Notice of action where hearing continued. If a decision on a development permit is continued by the City of Irvine to a time which is neither previously stated in the notice provided pursuant to Subsection C nor announced at the hearing as being continued to a time certain, the City of Irvine shall provide notice of the further hearings (or action on the proposed development) in the same manner, and within the same time limits, as established in Subsection C.

(Code 1976, § V.E-203.2; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

Categorical exclusion defined. Developments associated with the manufacturing process of industries engaged primarily in research and/or testing, and industries engaged in light manufacturing which are allowed in the certified local coastal zone, are exempt from obtaining a coastal permit.

B.

Public record. A public record, including the applicant's name, the location of the development and a brief description of the development, shall be kept for all developments determined to be categorically excluded from obtaining a coastal permit.

(Code 1976, § V.E-203.3; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

When located in the coastal zone, the determination of whether a development is categorically excluded, appealable or nonappealable for purposes of notice, hearing and appeals procedures shall be made by the City of Irvine at the time the application for development within the coastal zone is submitted. This determination shall be made with reference to the certified local coastal program, including any maps, categorical exclusions, land use designations and zoning regulations which are adopted as part of the local coastal program. Where an applicant, interested person or the City has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is categorically excluded, nonappealable, or appealable:

A.

The City shall make its determination as to what type of development is being proposed (i.e., categorically excluded, appealable, nonappealable) and shall inform the applicant of the notice and hearing requirements for that particular development in accordance with this section and Sections 2-7-5 and 2-7-7. The City determination shall be made by the Director of Community Development.

B.

If the determination of the City is challenged by the applicant or an interested person, or if the City wishes to have a Coastal Commission determination as to the appropriate designation, the City shall notify the Coastal Commission by telephone of the dispute/question and shall request an opinion from the Executive Director of the Coastal Commission.

C.

The Executive Director of the Coastal Commission shall, within two working days of the City's request (or upon completion of a site inspection where such inspection is warranted), transmit its determination as to whether the development is categorically excluded, nonappealable or appealable.

D.

Where, after the Executive Director's investigation, the Executive Director's determination is not in accordance with the City's determination, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the area. The Coastal Commission shall schedule the hearing on the determination for the next Coastal Commission meeting (in the appropriate geographic region of the State) following the City's request.

(Code 1976, § V.E-203.4; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

Finality of action. A decision on an application shall be deemed final when (1) the decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified local coastal program, and, where applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act, and (2) when all local rights of appeal have been exhausted as defined in Section 2-7-5.D.

B.

Final action—Notice.

1.

Notice after decision. Within seven calendar days of a final decision on an application for an appealable development in the coastal zone, the City of Irvine shall provide notice of its action by first class mail to the Coastal Commission and to any persons who specifically requested notice of such final action by submitting a self-addressed, stamped envelope to the City of Irvine (or, where required, who paid a reasonable fee to receive such notice). Such notice shall include conditions of approval and written findings and the procedures for appeal of the decision to the Coastal Commission.

2.

Failure to act—Notice.

a.

Notification by applicant. If the City of Irvine has failed to act on an application within the limit established by law from the date after the application has been received and accepted as complete, thereby approving the development by operation of law, the person claiming a right to proceed shall notify, in writing, the City of Irvine and the Coastal Commission of his or her claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved. However, Government Code §§ 65950—65957.1 provide for the following exceptions:

(1)

If an environmental impact report-environmental impact statement is required, the time limit shall be 90 days after it has been completed and certified; or

(2)

If a one-time 90-day extension has been approved upon consent of the City and the applicant.

b.

Notification by City. When the City of Irvine determines that the limits above have expired, the City of Irvine shall, within seven calendar days of such determination, notify any person entitled to receive notice pursuant to Section 2-7-5.B.1 that it has taken final action by operation of law pursuant to Government Code §§ 65950—65957.1. The appeal period for projects approved by operation of law shall begin to run only upon the receipt of the City of Irvine notice in the Coastal Commission office. (This section shall apply equally to a City of Irvine determination that the project has been approved by operation of law and to a judicial determination that the project has been approved by operation of law.)

C.

Effective date. A final decision of the City of Irvine on an application for an appealable development shall become effective after the 10-working-day appeal period to the Coastal Commission has expired or after the 21st calendar day following the final action unless any of the following occur:

1.

An appeal is filed in accordance with Section 2-7-7.

2.

The notice of final action does not meet the requirements of Section 2-7-5.B.

3.

The notice of final City of Irvine action is not received in the Coastal Commission Office and/or distributed to interested parties in time to allow for the 10-working-day appeal period within the 21 days after the City of Irvine decision.

Where any of the circumstances in Section 2-7-5.C.1—3 occur, the Coastal Commission shall, within five calendar days of receiving notice of that circumstance, notify the City of Irvine and the applicant that the effective date of the City of Irvine action has been suspended.

D.

Exhaustion of appeals.

1.

An appellant shall be deemed to have exhausted appeals for purposes of Section 2-7-7 and shall be qualified as an aggrieved person pursuant to Section 2-7-2.B where the appellant has pursued his or her appeal to the City Council as required by the City of Irvine appeal procedures; except that exhaustion of all appeals shall not be required if any of the following occur:

a.

The City of Irvine requires an appellant to appeal to more appellant bodies than have certified as appellate bodies for permits in the coastal zone, in the implementation section of the local coastal program.

b.

An appellant was denied the right of the initial local appeal by an ordinance which restricts the class of persons who may appeal a decision.

c.

An appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this zoning ordinance.

d.

The City of Irvine charges an appeal fee for the filing or processing of appeals.

2.

Where a project is appealed by any two members of the Coastal Commission, there shall be no requirement of exhaustion of local appeals. However, the City of Irvine provides that notice of Coastal Commissioner appeals shall be transmitted to the City Council, and the appeal to the Coastal Commission shall be suspended pending a decision on the merits by the City Council. If the decision of the City Council modifies or reverses the previous decision, the Coastal Commissioners shall be required to file a new appeal from that decision.

(Code 1976, § V.E-203.5; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

An appeal of the City of Irvine's decision on a coastal development permit application (or equivalent) may be filed by an applicant or any aggrieved person who has exhausted local appeals pursuant to Section 2-7-5.D or any two members of the Coastal Commission. The appeal must contain the following information:

1.

The name and address of the permit applicant and appellant;

2.

The date of the City of Irvine action;

3.

The description of the development;

4.

The name of the governing body having jurisdiction over the project area;

5.

The names and addresses of all persons who submitted written comments or who spoke and left his or her name at any public hearing on the project, where such information is available;

6.

The names and addresses of all other persons known by the appellant to have an interest in the matter of appeal;

7.

The specific grounds for appeal;

8.

A statement of facts upon which the appeal is based; and

9.

A summary of the substantial issues raised by the appeal.

B.

The appeal must be received in the Coastal Commission Office on or before the 10th working day after the Executive Director of the Coastal Commission receives notice of the permit decision made by the City of Irvine. The appellant shall notify the applicant, any persons known to be interested in the applicant, and the City of Irvine of the filing of the appeal. The filing of the notice of appeal should also contain information which the City of Irvine has specifically requested or required. Notification shall be by delivering a copy of the completed notice of appeal to the domicile(s), office(s), or mailing address(es) of said parties. In any event, such notification shall be by such means as may reasonably advise said parties of the pendency of the appeal by the Coastal Commission.

(Code 1976, § V.E-203.6; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

The concept plan procedure is a means to resolve issues for an entire planning area prior to or in conjunction with the adoption of zoning. Issues addressed by the concept plan typically are land uses, phasing, public facilities, parks, grading, drainage and the provision of adequate public services and utilities at the time development occurs in the planning area. Other issues may be addressed as determined by the Director of Community Development.

B.

The concept plan is designed to:

1.

Implement General Plan building intensity standards;

2.

Implement the conservation and open space implementation actions program (Division 8);

3.

Resolve areawide planning issues;

4.

Prevent piecemeal and uncoordinated development; and

5.

Establish a policy framework for development.

C.

It is anticipated that the land use map developed through a concept plan shall represent a composite of General Plan information. The concept plan shall serve to guide decisions on future zoning requests in the planning area. While a zone change will determine the precise locations of land uses, the land use phasing map of the concept plan will indicate the sequence of zoning and development. Amendments to an approved concept plan shall be processed in accordance with the minor/major modification procedure in Chapter 2-19.

(Code 1976, § V.E-204.1; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

A concept plan is required for the entire planning area whenever land designated as development reserve, conservation and open space reserve, or exclusive agriculture is rezoned to allow development.

B.

A concept plan must be prepared for an entire planning area or for the remainder of the planning area, if parts of the planning area have already been developed.

C.

Where a comprehensive zone change is proposed for an entire planning area, the proposed zoning shall serve as the concept plan and shall include all the components of a concept plan. In this case no separate concept plan or concept plan waiver shall be required.

(Code 1976, § V.E-204.2; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

Where a project or development case is proposed and it does not have planning-area-wide significance, the Director of Community Development may grant a concept plan waiver. Each request for a concept plan waiver must be analyzed separately. The granting of one concept plan waiver in a planning area does not ensure or justify other waivers within that same planning area.

B.

A request for a concept plan waiver shall be submitted in a form as prescribed by the Director of Community Development. The Director of Community Development shall review and determine, in accordance with the reasons cited in this Section 2-8-3, whether a request to waive the requirements for a concept plan should be approved.

(Code 1976, § V.E-204.3; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

Persons eligible. The property owner or authorized agent of the property owner, the City Council, the Planning Commission, and the Director of Community Development may initiate a concept plan.

B.

If there is more than one landowner in a planning area, the City may, at its option, prepare the concept plan document and charge the landowners for the cost of plan preparation through a fee based on gross acreage for the planning area. A concept plan for a planning area with multiple property owners shall establish requirements which coincide with the different ownerships, to the extent possible.

C.

The information listed below is required at the time a concept plan application is submitted to the Community Development Department:

1.

A complete development case application signed by the property owner or its authorized representative.

2.

A deposit or fee as set forth by an ordinance or resolution of the City Council.

3.

A letter of justification describing the proposed concept plan, and explaining how it will satisfy the findings in Section 2-8-8.

4.

A statement establishing the consistency of the proposed concept plan with the General Plan. If a zone change or General Plan amendment is being processed concurrently, the statement shall establish the consistency of the proposed concept plan with the proposed General Plan amendment and zone change.

5.

Information required for public meetings and hearings, as determined by the Director of Community Development (see Chapter 2-23).

6.

Land use map showing General Plan information such as land uses, circulation systems and noise contours.

7.

Land use phasing map indicating the sequence of zoning, development, and public utility and infrastructure improvements.

8.

Proposed planning area name.

9.

List of proposed policies addressing the following:

a.

General character of land uses, including:

(1)

Maximum number of dwelling units and the percentage of low- and/or moderate-cost units to be provided in the planning area. If under multiple ownership, the minimum and maximum number of dwellings and the percentage of low- and/or moderate-cost units shall be provided for each area under separate ownership.

(2)

Maximum gross square footage floor areas for industrial, mixed use and commercial uses to be provided in the planning area. If under multiple ownership, the appropriate gross square footage shall be provided for each area under separate ownership.

b.

General circulation systems, including:

(1)

Roadways (thruways, parkways, community collectors).

(2)

Phasing.

(3)

Variations from established City standards and/or policies.

(4)

Special systems such as fixed rail transit.

(5)

Bicycle, equestrian and hiking trails.

c.

Park and open space systems, including:

(1)

Location of community parks.

(2)

Minimum park size criteria.

(3)

Park credit concepts.

(4)

Ownership and maintenance concepts.

d.

Village level landscape treatments, including:

(1)

Village edge and village entry widths and general character.

(2)

Special landscaping themes, if any.

(3)

Preservation of special features, if any.

(4)

Palette of plant materials, walls, and hardscape for areas in and adjacent to the public right-of-way.

e.

Phasing and improvement of public facilities, utilities, and infrastructure, to the extent this information is known at this stage of the development process, including:

(1)

Trunk sewer systems, sewage treatment facilities and capacities.

(2)

Major water distribution facilities, capacities and available supply.

(3)

Police, emergency medical care, fire protection, including personnel, station location and major equipment requirements.

(4)

Energy systems, including major distribution facilities and supply availability.

(5)

Major storm drainage facilities.

(6)

School locations and classroom availability.

f.

Grading proposals.

10.

Information as required by the City of Irvine concept plan information sheet.

11.

Other information as required by the Director of Community Development.

(Code 1976, § V.E-204.4; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 00-02, § 4, 2-8-00)

A.

The City Council shall be the final approval body for a concept plan, with the Planning Commission, and other commissions as deemed appropriate, acting as advisory bodies.

B.

The City Council shall approve, deny, or approve in modified form a concept plan by ordinance in connection with future development within a planning area. In order to fulfill the purposes of this zoning ordinance, the City Council may require reasonable guarantees and evidence that the applicant or its successors in interest will satisfy any conditions imposed in connection with approval of the concept plan.

(Code 1976, § V.E-204.5; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

The Planning Commission shall hold at least one public hearing on a concept plan application and then forward to the City Council its recommendation of approval, denial or approval in modified form. A recommendation of approval or approval in modified form shall be based on the findings in Section 2-8-8. If deemed appropriate by the Director of Community Development, a review of the application may also be conducted by other commissions prior to council action. These commissions shall prepare recommendations for consideration by the Planning Commission and City Council.

B.

The City Council shall hold at least one public hearing and shall approve, deny or approve in modified form the concept plan request, by ordinance, based on the findings in Section 2-8-8.

(Code 1976, § V.E-204.6; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

In order for the City Council to approve a concept plan, the City Council shall find that:

A.

The proposed concept plan is consistent with the City of Irvine General Plan.

B.

The proposed concept plan is consistent with the intent of this zoning ordinance.

C.

Based upon information available at time of approval, adequate sewer and water lines, utilities, sewage treatment capacity, drainage facilities, police protection, fire protection/emergency medical care, vehicular circulation and school facilities will be available to serve the area affected by the proposed concept plan when development occurs.

D.

The proposed concept plan is in the best interests of the public health, safety and welfare of the community.

E.

The proposed concept plan complies with all requirements for the dedication of permanent open space through a specified phased implementation program for affected planning areas and zoning districts (Division 8).

F.

If the proposed concept plan affects land located within the coastal zone, the proposed concept plan will comply with the provisions of the land use plan of the certified local coastal program.

(Code 1976, § V.E-204.7; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

The action taken by the City Council on a concept plan proposal cannot be appealed. The Council's decision shall become final on the effective date of the ordinance approving, denying or approving in modified form the concept plan.

B.

The determination of the Director of Community Development on a request for a waiver shall become effective five business days after the date of the decision unless appealed.

(Code 1976, § V.E-204.8; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

The intent of a conditional use permit application is to ensure:

1.

The use is appropriate in the location and circumstances in which it is proposed;

2.

The use is compatible with the existing and proposed on-site and proximate land uses;

3.

The use implements the General Plan objectives;

4.

Project impacts are identified and mitigated; and

5.

Major issues associated with the development of the site have been addressed and resolved when development of the site is not subject to the Master Plan approval.

B.

A conditional use permit application may be approved, denied, or approved in modified form. The permit may be granted for a limited time period and/or may be granted subject to conditions which the approval body considers necessary to protect the public health, safety and welfare of the surrounding properties, the neighborhood or the City as a whole.

C.

For projects where a use or building does not comply with current development standards, the application for a conditional use permit shall depict all improvements proposed to bring the site into conformance with all zoning regulations in effect at the time of application submittal. Refer to Chapter 3-19 (Nonconforming Uses and Structures).

(Code 1976, § V.E-205.1; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A.

A conditional use permit is required for all uses within the City of Irvine where the zoning ordinance identifies the land use as "conditionally permitted."

B.

When development of a site is subject to both a Master Plan and conditional use permit, the Director of Community Development may waive the requirement for a Master Plan provided the conditional use permit application includes all information and addresses all issues associated with a Master Plan application.

(Code 1976, § V.E-205.2; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A.

Persons eligible. The property owner or authorized agent of the property owner, the City Council, the Planning Commission, and the Director of Community Development are eligible for requesting a conditional use permit.

B.

The information requested below is required at the time a conditional use permit application is submitted to the Community Development Department:

1.

A complete development case application signed by the property owner or its authorized representative.

2.

A deposit or fee as set forth by ordinance or resolution of the City Council.

3.

A letter of justification describing the proposed project and explaining how it will satisfy the findings in Section 2-9-7.

4.

Information required for public meetings and hearings, as determined by the Director of Community Development (see Chapter 2-23).

5.

Information as required by the City of Irvine conditional use permit information sheet.

6.

When a conditional use permit involves park amenity credits or the dedication of park land, the application shall incorporate all the requirements listed in Chapter 2-22 (Park Procedure). If a reduction in park dedication is requested for the provision of affordable residential units, the request shall be made at the time of the conditional use permit application for residential development.

7.

Other information as required by the Director of Community Development.

(Code 1976, § V.E-205.3; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A.

The Zoning Administrator (with commissions other than the Planning Commission, as deemed appropriate, acting as advisory bodies) shall be the final approval body for the uses listed below when a conditional use permit is required. (Note that the uses listed below may not require a conditional use permit in every zoning district.) However, at the Zoning Administrator's discretion, an application may be forwarded to the Planning Commission for review and action. In addition, a member of the Planning Commission may call up for review and action, prior to posting of the public notice, by the Commission prior to a Zoning Administrator decision, any conditional use permit application.

• Alternative health care provider.

• Ambulance service.

• Arcade, game.

• Caretaker's quarters.

• Carwash.

• Child care center.

• Church (in other than a residential zoning category).

• Civic, governmental and cultural (Planning Area 4: Lower Peters Canyon).

• Commercial recreation facilities (Planning Area 4: Lower Peters Canyon).

• Community centers (Planning Area 4: Lower Peters Canyon).

• Community facility.

• Community information centers (Planning Area 4: Lower Peters Canyon).

• Concrete recycling facility. (In conjunction with demolition, removal and recovery of existing buildings, structures and landscaping associated with the former military use of the property - Planning Area 51).

• Conference/convention facilities (Planning Area 4: Lower Peters Canyon).

• Dairy, commercial.

• Domestic animal care facility.

• Drive-thru.

• Educational facilities, including off-site institutions of higher learning (Planning Area 4: Lower Peters Canyon).

• Equipment rental.

• Escort bureau and introductory service.

• Financial institution, drive-thru.

• Financial institution, except drive-thru.

• Fraternal and service club.

• Gas station/fuel dispenser.

• Gate, residential privacy.

• Government facility (Planning Area 16; Quail Hill).

• Greenhouse.

• Health club.

• Information center.

• Kennel.

• Landscaping businesses (Planning Area 4: Lower Peters Canyon).

• Maintenance facilities and structures (Planning Area 4: Lower Peters Canyon).

• Manufactured structure (over two years).

• Manufacturing, light (Planning Area 4: Lower Peters Canyon, Sector 8 only).

• Manufacturing of components (Planning Area 4: Lower Peters Canyon, Sector 8 only).

• Massage establishment and related businesses.

• Miniwarehouse (Planning Commission approval required in 3.10, Woodbridge).

• Model home sales complex.

• Office, medical.

• Office, planned unit development (Planning Area 4: Lower Peters Canyon).

• Outdoor sales.

• Outdoor storage.

• Recreational vehicle storage, private.

• Research and development (Planning Area 4: Lower Peters Canyon).

• Recreational vehicle storage, public.

• Restaurant.

• Restaurant, ABC license "Type 47" ABC License operating after 12:00 a.m.

• Restaurant, takeout (Planning Area 4: Lower Peters Canyon).

• Retail and/or service business, general (except drive-thru).

• School, commercial.

• School, private.

• Small collection facility.

• Utility building and facility.

• Vehicle assembly.

• Vehicle impound yard.

• Vehicle leasing and rental.

• Vehicle sales.

• Vehicle storage.

• Vehicle wrecking yard.

• Veterinary service, livestock.

• Vocational schools (Planning Area 4: Lower Peters Canyon).

• Warehouse and sales outlet.

• Warehouse, storage, distribution and ancillary sales outlets (Planning Area 4: Lower Peters Canyon, Sector 8 only).

• Wireless communication facilities (depending on location, certain classes of antennae may be processed as a minor conditional use permit subject to review and approval by the Zoning Administrator pursuant to the table provided in Section 2.37.5-3).

B.

For all other conditionally permitted uses the Planning Commission shall be the final approval body, with other commissions, as deemed appropriate, acting as advisory bodies.

(Code 1976, § V.E-205.4; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 97-05, 5-13-97; Ord. No. 97-06, § 3, 5-13-97; Ord. No. 01-15, § 4, 9-25-01; Ord. No. 03-07, § 5, 3-11-03; Ord. No. 05-13, § 4, 7-12-05; Ord. No. 05-16, § 2, 7-12-05; Ord. No. 09-02, § 3, 3-24-09; Ord. No. 09-08, § 4, 9-8-09; Ord. No. 11-08, § 3(Exh. A), 8-23-11; Ord. No. 12-09, § 3(Exh. A), 5-22-12; Ord. No. 18-05, Exh. A, 4-24-18)

A.

See Chapter 2-23 for noticing requirements of public meetings and hearings.

B.

Commissions other than the Planning Commission may review any proposed conditional use permit, if determined necessary by the Director of Community Development. If review by one of these commissions occurs, at least one public meeting shall be held and recommendations shall be prepared for consideration by the Zoning Administrator or Planning Commission.

C.

The Zoning Administrator or Planning Commission shall hold at least one public hearing, in accordance with Chapter 2-23 of this zoning ordinance, and shall adopt a resolution approving, conditionally approving or denying a conditional use permit application request by resolution, based on the findings in Section 2-9-7.

D.

Any conditional use permit application submitted to the Zoning Administrator may be referred by the Zoning Administrator to the Planning Commission for review and action.

(Code 1976, § V.E-205.5; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

In order for the Zoning Administrator or Planning Commission to approve a conditional use permit, the Zoning Administrator or Planning Commission shall find that:

A.

The proposed location of the conditional use is in accord with the objectives of Chapter 1-1 of the zoning ordinance and the purpose of the zoning district in which the site is located.

B.

The proposed conditional use will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity.

C.

The proposed conditional use is compatible with existing uses and future uses to the extent those uses are known, and will comply with each of the applicable provisions of the zoning ordinance, except for approved variances and/or administrative relief per Chapters 2-2 and 2-37.

D.

If the proposed conditional use permit affects land located within the coastal zone, the proposed conditional use will comply with the provisions of the land use plan of the certified local coastal program.

E.

Based upon information available at the time of approval, adequate utilities, access roads, drainage, and other necessary facilities exist or will be provided to serve the proposed use.

(Code 1976, § V.E-205.6; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A decision of the Zoning Administrator may be appealed to the Planning Commission, and a decision of the Planning Commission approving, denying, or approving in modified form may be appealed to the City Council, within 15 calendar days of the decision in accordance with Chapter 2-5 (Appeal Procedure). The City Council's decision shall take effect immediately.

(Code 1976, § V.E-205.7; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 18-05, Exh. A, 4-24-18)

A.

A conditional use permit shall become effective 15 calendar days after the date of the decision, unless an appeal is filed pursuant to Chapter 2-5. If appealed and then approved by the Planning Commission or City Council, the conditional use permit shall become effective on the date of Planning Commission or City Council approval action. See Chapters 2-5 and 2-23 for further information.

B.

A conditional use permit shall expire and become void three years following the effective date of final approval unless:

1.

A building permit is issued for the site and construction is commenced and diligently pursued toward completion; or

2.

A permit is issued authorizing occupancy of the site or structure; or

3.

The site is occupied if no building permit or certificate of occupancy is required.

C.

When a conditional use permit is due to expire, the Director of Community Development shall have the authority to extend the conditional use permit for one additional three-year period. The landowner must request an extension in writing at least 30 days prior to the expiration date, must provide a deposit or fee as set forth by ordinance or resolution of the City Council, and must provide a letter of justification explaining how the following findings can be made:

1.

All elements of the conditional use permit are consistent with the City's original findings.

2.

All significant environmental effects of the project were analyzed at the time of conditional use permit approval. There are no new and previously unknown or undisclosed negative environmental impacts.

The Director of Community Development shall approve or deny the extension based upon his or her concurrence with and verification of the above findings. Subsequent extensions shall require the filing of a new conditional use permit application. A decision by the Director of Community Development may be appealed to the Planning Commission using the same procedure as that specified in Section 2-9-8.

(Code 1976, § V.E-205.8; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

The Director of Community Development shall determine whether a proposed modification to a previously approved conditional use permit is a major or minor modification in accordance with the minor/major modification procedure in Chapter 2-19.

(Code 1976, § V.E-205.9; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

Failure to comply with any conditional use permit condition is a violation of this zoning ordinance subject to the enforcement and revocation procedures as prescribed and set forth in Chapter 2-10. Any conditional use permit may be revoked upon failure to comply with any of the conditions or terms of approval or if any law or ordinance is violated in connection with the conditional use permit approval.

(Code 1976, § V.E-205.10; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A conditionally permitted use legally established or approved prior to the effective date of this ordinance shall be permitted to continue, subject to the provisions of Chapter 3-19 (Nonconforming Uses and Structures), provided it is maintained and operated in accord with the conditions imposed at the time of its establishment, if any.

(Code 1976, § V.E-205.11; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A.

It shall be the duty of the Director of Community Development for the City of Irvine, and the City's officers charged with the enforcement of the law, to enforce this zoning ordinance and all the provisions of the same.

B.

Any person, firm or corporation, whether acting as principal, agent, employee or otherwise, violating any provisions of this zoning ordinance or any approval granted hereunder shall be guilty of a misdemeanor. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this zoning ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided.

(Code 1976, § V.E-206.1; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94)

A.

Any building or structure set up, erected, built, moved or maintained or any use of property contrary to the provisions of this zoning ordinance or any conditions attached to the approval granted pursuant hereto shall be and the same is hereby declared to be unlawful and a public nuisance; and the duly constituted authorities of the City of Irvine shall, upon order of the original approval body or City Council, immediately commence actions or proceedings for the abatement thereof in the manner provided by law and shall take such other steps and shall apply to such court as may have jurisdiction to grant such relief as will abate such building, structure or use of any property contrary to the provisions of this zoning ordinance as the original approval body or City Council may adopt.

B.

Failure to abide by and faithfully comply with any and all conditions that may be attached to an approved application pursuant to the provisions of this zoning ordinance shall constitute grounds for the revocation of any approval by the original approval body or City Council. All remedies provided for herein shall be cumulative and not exclusive and shall not prevent the City from availing itself of other remedies which may be available.

C.

Within 30 calendar days after having served notice of a suspension or revocation, the Director of Community Development shall meet with the permittee, permittee's authorized agent, or permittee's successor. The intent of the meeting shall be to discuss ways to remedy the reason(s) cited for suspension or revocation of the permit. If no agreement can be reached, the Director of Community Development shall schedule a public hearing before the original approval body. The original approval body may, based on evidence that any of the provisions of this chapter have been violated, suspend or revoke an approval for any application, including those set forth in this division (except a zone change). Any such action shall occur at a public hearing which has been noticed in accordance with the requirements for the application type. In addition, written notice of the public hearing shall be given by certified mail or in person to the permittee or permittee's successor. The written notice shall contain a statement of the specific reasons for revocation or suspension. The original approval body may suspend or revoke a permit based upon a finding that one or more of the following have occurred by the permittee or the permittee's successor:

1.

Any false, misleading or fraudulent statement of material fact in the development case application or accompanying documentation, or any report or record required to be filed pursuant to this division;

2.

One or more conditions set forth in the resolution approving the project have been violated, or have not been fulfilled or complied with;

3.

A statute or ordinance relating to the permitted activity has been violated;

4.

Conduct of a permitted business in a manner contrary to the public health, safety, and general welfare of the community; and

5.

Nonpayment of application fees, permit fees, and/or impact fees to the City.

(Code 1976, § V.E-206.2; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94)

A.

Upon receipt of evidence of a violation to which this chapter is applicable, the original approval body shall conduct a public hearing within 60 calendar days. Notice of the public hearing shall be governed by this chapter, while the actual rules and procedures of the hearing shall be as specified in Chapter 2-23. The permittee shall be notified by certified mail or in person of the time and place of the public hearing, and the specific reasons for the suspension or revocation.

B.

If the original approval body renders a decision at the conclusion of the hearing such decision shall immediately become effective and remain so unless an appeal is made to the City Council and the Council renders its decision on the matter.

C.

The decision of the original approval body may be appealed to the City Council pursuant to the procedures contained in this chapter; and the permittee shall have the burden of proving that the decision rendered by the original approval body was unreasonable, erroneous, or a clear abuse of discretion. The appeal procedure in this chapter applies to only a suspension/revocation of a permit, and supersedes that contained in Chapter 2-5.

(Code 1976, § V.E-206.3; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94)

This procedure supersedes that contained in Chapter 2-5.

A.

The permittee shall, within 15 calendar days after having been notified of an adverse determination, file a written notice of appeal with the City Clerk.

B.

The written notice of appeal shall be addressed to the City Council and shall specify the subject matter of the appeal, the date of any original and amended applications or requests, the date of the adverse decision (or receipt of notice thereof), the basis of the appeal, the action requested of the City Council, and the name and address of the permittee.

C.

The appeal shall be accompanied by a deposit or fee as required by City Council resolution. An appeal by a member of the City Council shall not be subject to the payment of a deposit or fee.

D.

The City Clerk shall place the appeal on the City Council agenda within 60 calendar days after receipt of it.

(Code 1976, § V.E-206.4; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94)

A.

When an appeal is made to the City Council, the City Clerk shall set a hearing date and give such notice of a public hearing as may be required by Chapter 2-23.

B.

The City Council shall receive all relevant testimony and evidence from the permittee, interested parties and City staff. The City Council may sustain, overrule, or modify the action of the original approval body. The action of the Council shall be final, except in the coastal zone.

(Code 1976, § V.E-206.5; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94)

A.

Whenever a revision is requested to a specific element or portion thereof, or the addition of an element to the General Plan, a General Plan amendment request shall be submitted to the City.

B.

A zone change may be processed concurrently with a General Plan amendment. The two applications may be concurrently presented to City commissions and the Council; however, the amendment must be approved by the City Council prior to its approval of the zone change.

C.

For other applications filed concurrently relating to a General Plan amendment or zone change applications that are approved by the Planning Commission, such approval is not final until City Council action on the General Plan amendment and/or zone change has occurred.

(Code 1976, § V.E-207.1; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 05-16, § 2, 7-12-05)

A.

A General Plan amendment shall be required whenever a request is made to add, delete, or alter the following:

1.

Specific or multiple land uses to a land use district.

2.

Land use regulations.

3.

Goals, objectives or implementing actions of the General Plan.

B.

During a General Plan amendment, boundaries and acreage of all land use categories will be determined and shown on the statistical analysis tables and land use maps of the General Plan. Additionally, the General Plan building intensity standards shall be incorporated and allocated to the appropriate zoning land use category(s) and precisely identified on the statistical analysis.

C.

An application for a General Plan amendment may be filed concurrently with an application for a concept plan, zone change, or both, and shall be approved prior to the approval of the other applications discussed here. All other applications in the division (i.e., conditional use permits, park plans, et al.) and tentative maps, and vesting tentative maps, may be processed concurrently with a General Plan amendment and a zone change, if authorized by the Director of Community Development.

D.

Approval of these latter applications may only occur after the General Plan amendment and/or zone change. The Planning Commission may hear and approve the latter applications simultaneously with the related General Plan amendment and/or zone change. However, Planning Commission approval shall be contingent upon and consistent with the City Council action taken on the related General Plan amendment and/or zone change. Any request for a General Plan amendment shall not affect requirements for phased open space dedication procedures established in Division 8.

(Code 1976, § V.E-207.2; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 05-16, § 2, 7-12-05)

A.

General Plan amendments shall not be required for the transfer of dwelling units from one planning area to another planning area if all of the following occur:

1.

Housing opportunities are not achievable in the original planning area due to physical and/or environmental constraints as determined by the Director of Community Development through the environmental documentation process for that planning area.

2.

All significant environmental impacts are mitigated to a level of insignificance for the receiving planning area.

3.

Infrastructure capacity under existing and future conditions can accommodate additional development in the areas of circulation, fire, police, water, and flood control services in the receiving planning area.

4.

Not more than 10 percent of any planning area's units are transferred to another planning area for which zoning and/or concept plan approval has not been granted by the City.

B.

Planning area boundaries. General Plan amendments shall not be required for area boundary adjustments, if necessary, as a result of open space management plans.

C.

Technical updates. The Director of Community Development shall have the authority to define and perform technical updates (i.e., scrivener's errors, clarifications, reconciliations, etc., including exhibits, maps, and tables). A technical update shall not add, delete, or alter the following:

1.

Specific or multiple land uses to a land use district.

2.

Land use regulations.

3.

Goals, objectives or implementing actions of the General Plan.

(Code 1976, § V.E-207.3; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. 10-04, § 3, 4-13-10)

A.

Persons eligible. The property owner or authorized agent of the property owner, the City Council, the Planning Commission, and the Director of Community Development may initiate a request for a General Plan amendment.

B.

The information listed below is required at the time a General Plan amendment application is submitted to the Community Development Department:

1.

A complete development case application signed by the property owner or their authorized representative.

2.

A deposit or fee as set forth by City Council resolution.

3.

A letter of justification describing the proposed changes to the City's General Plan and explaining how they will satisfy the findings in Section 2-11-8.

4.

A statement describing the consistency of the proposed General Plan amendment with the existing zoning ordinance. If a zone change is being processed concurrently, the statement shall discuss the consistency of the proposed General Plan amendment with the proposed zone change.

5.

Information as required for a public meeting and/or hearing, as determined by the Director of Community Development (see Chapter 2-23).

6.

Information as required by the City of Irvine General Plan amendment information sheet.

7.

Other information as required by the Director of Community Development.

(Code 1976, § V.E-207.4; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

The City Council shall be the final approval body for a General Plan amendment, with the Planning Commission, and other commissions as deemed appropriate, acting as advisory bodies.

(Code 1976, § V.E-207.5; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A.

Except as otherwise provided in Subsection B or C, no mandatory element of the Irvine General Plan shall be amended more frequently than six times during any calendar year. Each amendment may include more than one change to the General Plan.

B.

The limitation on the frequency of amendments to the Irvine General Plan contained in Subsection A does not apply to amendments of the Irvine General Plan requested and necessary for a single development of residential units, at least 25 percent of which will be occupied by or available to persons and families of low or moderate income, as defined by Health and Safety Code § 50093. The specified percentage of low- or moderate-income housing may be developed on the same site as the other residential units proposed for development, or on another site or sites encompassed by the General Plan, in which case the combined total number of residential units shall be considered a single development proposal for purposes of this section.

C.

This section does not apply to the adoption of any element of the Irvine General Plan or to the amendment of any element of the Irvine General Plan in order to comply with any of the following:

(1)

A court decision made pursuant to Government Code Title 5, Div. 1, Ch. 3, Art. 14 (Government Code § 65750 et seq.).

(2)

Government Code § 65302.3(b).

(3)

Public Resources Code § 30500(b).

(Ord. No. 03-12, § 3, 5-13-03)

A.

City committees pursuant to City policy may review any General Plan amendment at the Director of Community Development's discretion.

B.

The Community Services, Planning, and/or Finance Commissions may review any General Plan amendment pursuant to City policy, at the Director of Community Development's discretion.

C.

Where a committee and/or commission reviews a General Plan amendment request, each committee and/or commission shall hold a public meeting subject to the provisions in Chapter 2-23. The recommendations of the committee(s) and commission(s) for approval, approval in modified form, or denial of the General Plan amendment shall be presented to the Planning Commission for its consideration.

D.

The Planning Commission shall hold at least one public hearing on any General Plan amendment, and make its recommendation of approval, denial, or approval in modified form in writing to the City Council.

E.

The City Council shall hold at least one public hearing on any General Plan amendment request pursuant to the provisions of this chapter and Chapter 2-23.

(Code 1976, § V.E-207.6; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 04-03, § 3, 2-24-04)

In order for the City Council to approve a General Plan amendment, the City Council shall find that:

A.

The proposed General Plan amendment is consistent with other elements of the City's General Plan pursuant to Government Code § 65300.5.

B.

The proposed General Plan amendment, if applicable, responds to changes in State and/or federal law pursuant to Government Code § 65300.9.

C.

The proposed General Plan amendment has been referred to the County of Orange and any adjacent cities abutting or affected by the proposed action, the Local Agency Formation Committee (LAFCO), and any federal agency whose operations or lands may be affected by the proposed decision pursuant to Government Code § 65352.

D.

The proposed General Plan amendment will not be detrimental to the public health, safety and welfare of the community.

(Code 1976, § V.E-207.7; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A.

The City Council shall consider the input from all other committees and commissions and outside agencies prior to its approval, denial, or approval in modified form of a General Plan amendment. Such action shall be taken by resolution and shall be based on the findings set forth in Section 2-11-8.

B.

Upon approval of the General Plan amendment by the City Council, the General Plan shall be amended in accordance with the terms and conditions stated in the resolution approving the specific amendment.

(Code 1976, § V.E-207.8; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

The action taken by the City Council on a General Plan amendment request cannot be appealed. City Council action is final.

(Code 1976, § V.E-207.9; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

The purpose of this chapter is to establish uniform standards, land use regulations and a permit process for controlling the location, design, maintenance and safety of off-site hazardous waste facilities. The zoning ordinance incorporates general policies regarding hazardous waste management facilities pursuant to Health and Safety Code div. 20, ch. 6.5 (Health and Safety Code § 25100 et seq.), and program A-3 in the Orange County hazardous waste management plan.

(Code 1976, § V.E-208.1; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

The specific requirements of this ordinance are applicable to the siting and development of off-site hazardous waste treatment, storage, transfer and disposal facilities as defined in Section 1-2-1 (Definitions).

B.

The off-site facility definition does not apply to: (a) transportable treatment units (TTU), which are designed to be moved either intact or in modules and which are intended to be operated at a given location for a limited period of time, or (b) permanent on-site hazardous waste facilities at locations where hazardous waste is produced, and which are owned by, leased to, or under the control of the producer of the waste.

C.

All such facilities (i.e., off-site, on-site, and TTUs) shall require State licensing to install and operate.

D.

A conditional use permit for a hazardous waste facility shall be granted for only those substances and quantities identified in the conditions of approval. No additional types of wastes or increases in the quantity of approved wastes shall be allowed beyond those specified in the approved permit, unless a separate application is made therefor which shall satisfy the same procedures and contents as those required in an initial application.

(Code 1976, § V.E-208.2; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

The following procedures are for the purpose of identifying the steps for processing a conditional use permit application for a specified off-site hazardous waste facility. These procedures include the steps to be taken by the project proponent, State and City:

A.

At least 90 days before filing an application with the City for a land use decision (conditional use permit) for a specified hazardous waste facility project, the project proponent shall file, with the Office of Permit Assistance (OPA) in the State's Office of Planning and Research and with the City, a notice of intent to make an application. The notice of intent shall specify the location to which the notice of intent is applicable and shall contain a complete description of the nature, function and scope of the project. The OPA shall immediately notify the affected State agencies of the notice of intent. The City shall publish a notice in a newspaper of general circulation in the area affected by the proposed project, shall post notices in the location where the project is proposed, and shall notify, by a direct mailing, the owners of contiguous property, as shown in the latest equalized assessment roll. A notice of intent is not transferable to a location other than the location specified in the notice and shall remain in effect for one year from the date it is filed with a local agency or until it is withdrawn by the proponent, whichever is earlier. The City shall impose a fee upon a project proponent equal to the cost of notification required by this section. (Requirement of Health and Safety Code § 25199.7(a).)

B.

Within 90 days after a notice of intent is filed with the OPA, the OPA shall convene a public meeting within the City to inform the public on the nature, function, and scope of the proposed facility project and the procedures that are required for approving applications for the project. The City shall contact OPA regarding the location and time of the meeting and shall have representatives attend. (Requirement of Health and Safety Code § 25199.7(c).)

C.

Any time after receiving notification of the filing of a notice of intent but no later than 30 days after the application for a specified hazardous waste facility project is accepted as complete, the City Council shall appoint a seven-member Local Assessment Committee (LAC) pursuant to the provisions of Section 2-13-9 of this ordinance. The City shall charge the project proponent a fee to cover the City's costs of establishing and convening the Local Assessment Committee. The fee shall accompany the application for a land use decision. (Requirement of Health and Safety Code § 25199.7(d).)

D.

The City shall notify the OPA within 10 days after an application for a land use decision (conditional use permit) for a specified hazardous waste facility project is accepted as complete by the City, and within 60 days after receiving this notice the OPA shall convene a meeting of the lead and responsible agencies for the project, the project proponent, the LAC and the interested public, for the purpose of determining the issues which concern the agencies that are required to approve the project and the issues which concern the public. The meeting shall take place in the City. (Requirement of Health and Safety Code § 25199.7(e).)

E.

Following the meeting as specified in Section 2-13-3.D of this chapter, the project proponent and the LAC of the City shall meet and confer on the specified hazardous waste facility project proposal for the purpose of establishing the terms and conditions under which the project will be acceptable to the community. (Requirement of Health and Safety Code § 25199.7(f).)

F.

At the request of the project proponent, the Community Development Department shall, within 60 calendar days after the City has determined that an application for a land use decision (conditional use permit) for a hazardous waste facility is complete, issue an initial written determination on whether the hazardous waste facility project is consistent with both the City General Plan and zoning ordinance in effect at the time the application was received, and the Orange County hazardous waste management plan. (Requirement of Health and Safety Code § 25199.5(a).)

G.

If the LAC finds that it requires assistance and independent advice to adequately review a proposed hazardous waste facility project, it may request technical assistance grants from the City to enable the LAC to hire a consultant to assist and/or advise the LAC. The LAC may use technical assistance grant funds made available to it to hire a consultant to do either, or both, of the following:

1.

Assist the Committee in reviewing and evaluating the application for the project, the environmental documents prepared for the project pursuant to the California Environmental Quality Act (Public Resources Code div. 13 (Public Resources Code § 2100 et seq.)) and any other documents, materials, and information that are required by a public agency in connection with the application for a land use decision or a permit.

2.

Advise the LAC in its meetings and discussion with the facility proponent to seek agreement on the terms and conditions under which the project will be acceptable to the community. (Requirement of Health and Safety Code § 25199.7(g)(1)(A), (B).)

H.

The project proponent shall pay a fee equal to the amount of any technical assistance grant provided to the LAC. (Requirement of Health and Safety Code § 25199.7(g)(2).)

I.

The City shall deposit any fee imposed in an account created in the City, maintain records of all expenditures from the account, and return any unused funds and accrued interest to the project proponent upon completion of the review of the proposed hazardous waste facility project. (Requirement of Health and Safety Code § 25199.7(g)(3).)

J.

A project proponent may file an appeal of a land use decision (conditional use permit) made by the final approval body for a specified hazardous waste facility project with the Governor or the Governor's designee in the manner provided in Health and Safety Code § 25199.9. (Requirement of Health and Safety Code § 25199.9.)

(Code 1976, § V.E-208.3; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

The information listed below is required at the time a hazardous waste facility application for an off-site facility is submitted to the Community Development Department:

A.

A complete development case application signed by the property owner or its authorized representative.

B.

A deposit or fee as set forth by ordinance or resolution of the City Council.

C.

A letter of justification describing the proposed project and explaining how it will satisfy the findings in Section 2-13-11.

D.

Information required for public meetings and hearings, as determined by the Director of Community Development (see Chapter 2-23).

E.

A scaled, fully dimensioned site plan and development plan drawn in sufficient detail to clearly describe the following:

1.

Physical dimensions of property and structures;

2.

Location of existing and proposed structures;

3.

Setbacks;

4.

Methods of circulation;

5.

Ingress and egress;

6.

Utilization of property under the requested permit;

7.

The distance from the project property lines to the nearest residential structure;

8.

Proximity of the project to 100-year floodplain areas;

9.

Proximity of the project to any known earthquake fault zones;

10.

The relationship of the proposed project to all aboveground water supplies as well as known underground aquifers that could conceivably suffer contamination;

11.

Topographic description of the property and surrounding area;

12.

Existing and proposed utilities which service or will be needed to service the facility;

13.

Identification of surrounding zoning and land uses;

14.

Landscape plans showing theme and location of all landscape areas;

15.

Building elevations showing building height, exterior materials, and architectural theme; and

16.

Other information as required by the Director of Community Development.

F.

A preliminary geological study of the property and surrounding area which comprehends as deep a soils analysis as there are known aquifers, regardless of the potability of those aquifers.

G.

Identification of all wastewater, treated and untreated, generated by the proposed facility and the method and place of final discharge.

H.

Identification of the amounts (tonnage) and types of hazardous wastes to be treated at the proposed facility; the sources of these wastes; the ultimate disposition of the wastes; and the anticipated life of the facility. Information shall be provided on the amount, sources, and types of hazardous wastes to be treated based on an actual survey of the industries to be served and, thereby, be representative of the wastes that will be processed at the facility.

I.

A plan that clearly delineates all public involvement with the proposed project prior to any formally advertised and scheduled public hearings. Said plan will provide for adequate public testimony on the project in an effort to mitigate all public concerns prior to the approval body reviewing the case.

J.

A plan that identifies an ongoing monitoring program to ensure no unintentional release of any hazardous substance from the site. This shall include any ongoing monitoring necessary by other permitting agencies such as State Department of Health Services, the South Coast Air Quality Management District (AQMD), Environmental Protection Agency (EPA), Santa Ana Regional Water Quality Control Board, etc.

K.

A preliminary contingency plan for emergency procedures designed to minimize hazards to human health or the environment from fires, explosions or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water. The plan shall provide for its immediate implementation whenever there is a fire, explosion, or release of hazardous waste constituents which could threaten human health or the environment. The preliminary contingency plan shall address the requirements included in Section 2-13-8.C.

L.

Other information as required by the Director of Community Development to demonstrate compliance with the facility siting criteria as outlined in Section 2-13-7.

(Code 1976, § V.E-208.4; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

The project shall be subject to environmental analysis according to the City's environmental guidelines pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000—21177).

B.

The environmental analysis shall address, but not be limited to, the following:

1.

Describe at least two reasonable alternatives to the project; these alternatives shall be reviewed pursuant to the California Environmental Quality Act (Public Resources Code § 15060(d)).

2.

An analysis of visual, noise and any olfactory impacts associated with the project and recommended mitigation measures.

3.

An analysis of all anticipated air quality impacts associated with the project and proposed mitigation to ensure no degradation of air quality in the area.

4.

A health and safety assessment that analyzes in detail all probabilities of accidents or spills at the site, as well as transportation-related accidents from the point of origin to the facility. Such analysis shall identify mitigation measures to reduce identified risks. The health and safety assessment shall identify the most probable routes for transporting hazardous wastes to the facility within Orange County.

5.

An analysis of traffic impacts associated with the project and recommended mitigated measures.

6.

An analysis of all anticipated water quality impacts associated with the project and proposed mitigation to ensure no degradation of water quality in the area.

7.

Other information as required by the California Environmental Quality Act (CEQA).

(Code 1976, § V.E-208.5; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

The following siting criteria have been established for use by hazardous waste facility project proponents in locating and designing suitable facility sites and appropriate facilities, and by the City in evaluating proposed sites and facility projects. The purpose of the criteria is to reduce public health and environmental risks and governmental costs associated with development of 1988 Orange County hazardous waste management plan, table V-3.

A.

Protect the residents of Orange County (and Irvine).

1.

Health and safety assessment.

a.

All facilities. Facilities shall be sited so as not to create significant risks or cause adverse impacts to the health and safety of populations in surrounding public and private areas, as determined by a health and safety assessment. A health and safety assessment by a qualified preparer is required for a proposed facility prior to approval of a local permit, to provide technical and environmental evaluation of the proposed facility, site, and surrounding area. A health and safety assessment will provide the information and analysis needed to demonstrate compliance of the proposed facility with the siting criteria. The scope of the assessment will vary according to the size, type and proposed location of the facility. It is not intended that the health and safety assessment duplicate information developed for environmental impact reports or risk assessments required under local, State or federal regulations. When environmental impact reports and health risk assessments are required, their scopes should provide the information and analysis required, and thereby suffice for the health and safety assessment.

b.

The health and safety assessment shall evaluate, at a minimum, the area within 2,000 feet of the site, which is designated a sensitive area, and shall evaluate the potential impact on sensitive populations. Sensitive populations include residential populations, employment populations, and immobile populations such as those in schools, hospitals, convalescent homes, jails and other similar facilities within the area of potential impact. The health and safety assessment must consider the quantities and the physical and chemical characteristics of the specific types of waste that would be handled, the facility design features and planned operational practices. The need and distance for any buffering of the facility from residential areas or other sensitive land uses will be identified. The assessment must include a hydrologic evaluation, and must assess risks due to physical hazards such as flooding and earthquakes and potential water or air pollution. The assessment will detail credible potential accidents, including the distance over which effects would carry a variety of options for reducing risks, and procedures for dealing with the effects. The assessment will identify the capabilities (including equipment and trained personnel) and response times of existing emergency services with regard to accidents at the facility, and will provide an emergency evacuation plan. If existing emergency services are deemed inadequate, the local agency may require the developer to supplement those services with on-site trained personnel and equipment.

c.

Avoidance or mitigation of potential significant health or safety risks must be demonstrated to the satisfaction of the local permitting agency and the California Department of Health Services.

2.

Distance from populations.

a.

Treatment, recycling and collection facilities. Facilities shall comply with local minimum Zoning Code setbacks, unless a greater buffer distance from other uses is deemed necessary, based on a required health and safety assessment.

b.

Residuals repositories. A minimum buffer distance of 2,000 feet from residences and other sensitive land uses is required for a hazardous waste residuals repository per Health and Safety Code § 25202.5(b) and (d). The size of the buffer zone necessary to protect public health and safety will be identified based on a required health and safety assessment.

B.

Ensure the structural stability of the facility.

1.

Floodplains.

a.

All facilities. Facilities must be designed, constructed, operated and maintained to preclude failure due to flooding, per flood control authorities and requirements. Provisions must be made to contain and test storm runoff prior to discharge in areas subject to contamination by waste or treated material. The required health and safety assessment will address flooding risks associated with the facility.

b.

Treatment, recycling and collection facilities. Facilities may be located in areas subject to 100-year flooding only if protected by offsetting engineered improvements, such as berms or raising the facility above flood levels. This includes areas subject to flooding by dam or levee failure and natural causes such as river flooding, flash floods, rainfall or snowmelt, tsunamis (tidal waves), seiches (earthquake-induced waves in lakes), and coastal flooding. A structural analysis or engineering design study must be provided which shows methods to prevent inundation or washout.

c.

Residuals repositories. Repositories are prohibited from locating in floodplain areas subject to 100-year flooding from natural causes or dam failure, even with protection, per Code of Federal Regulations (CFR) Title 40, Section 264.18(b), and California Code of Regulations Title 22, Section 66264.18(b).

2.

Earthquakes.

a.

All facilities. Facilities must have a minimum 200-foot setback from active or recently active earthquake faults, per California Code of Regulations Title 22, Section 66264.18(a). The required health and safety assessment will address earthquake safety of the facility.

3.

Unstable soils.

a.

Treatment, recycling and collection facilities. Facilities are prohibited from locating in areas of potential rapid geologic change, unless the facility and its containment structures have engineered design features to assure structural stability. This includes areas with unstable soils, steep slopes, and areas subject to liquefaction, subsidence or other severe geologic constraints. The required health and safety assessment will include a geologic report defining any such constraints and engineered solutions.

b.

Residuals repositories. Repositories are prohibited from locating in areas of potential rapid geologic change, subsidence, or liquefaction per California Code of Regulations Title 23, Subchapter 15, Section 2531(e). The required health and safety assessment will include a geologic report.

C.

Protect surface and groundwater quality.

1.

Containment and groundwater monitoring.

a.

All facilities. Facilities shall be fully enclosed by containment structures of impermeable materials which would contain any unauthorized release of hazardous material. Facilities shall be equipped with leak detection and spill control and recovery capability. Groundwater monitoring wells must be located around each facility to determine background vadose zone and groundwater quality, and to detect leaks and spills from the facility, unless demonstrated to be safe without them through the health and safety assessment. An ongoing groundwater monitoring program should be developed in consultation with local, State and water district representatives.

2.

Water quality.

a.

All facilities. Facilities shall not be sited within watershed areas which flow to open reservoirs or aqueducts that contain drinking water supplies. Facilities shall locate such that domestic water supply wells cannot be adversely affected from unauthorized releases of contaminants. As a guideline, facilities should locate at least one mile from domestic supply wells in the Forebay area (principal recharge area to the Orange County groundwater basin), and at least one-half mile from domestic supply wells in the pressure area of the Orange County groundwater basin, unless demonstrated to be safe at closer proximity through the health and safety assessment. Facilities shall not locate within wellhead protection zones as identified by EPA guidelines or municipal water supply agencies and local water districts, unless demonstrated to be safe at closer proximity through health and safety assessment. Facilities shall not impact the quality of surface waters (lakes, rivers, streams, creeks, etc.) or groundwater resources which have been identified for beneficial uses by the Regional Water Quality Control Board basin plan (per State Water Resources Control Board Policy Resolution 88-63). The required health and safety assessment will identify water quality issues. Facilities must meet federal, State and local water quality requirements.

b.

Treatment, recycling and collection facilities. Facilities are encouraged to locate outside of structured principal recharge areas to regional aquifers as defined in local or State plans, including the Forebay area. Facilities may locate in the following areas only with increased engineered design features such as horizontal and vertical containment and monitoring systems to ensure protection: (a) major aquifer recharge areas, (b) areas of permeable strata and soils, (c) areas where the existing groundwater has beneficial uses as described in the basin plan. Facilities with subsurface storage or treatment must be sited, designed and operated to ensure that hazardous materials will be above the tension-saturated zone.

c.

Residuals repositories. Repositories are prohibited from locating in principal recharge areas to regional aquifers as defined in local or State plans, including the Forebay area. Repositories are prohibited in areas of high permeability (such as sand and gravel) per the requirements of the State Water Quality Control Board and California Code of Regulations Title 23, Subchapter 15, Section 2531(b). Repositories may locate only where the uppermost water-bearing zone or aquifer is presently mineralized (by natural or man-induced conditions) to the extent that it is not considered for beneficial use by the basin plan. Repositories must be sited, designed and operated to ensure that hazardous materials will always be above the tension-saturated zone.

3.

Wastewater.

a.

All facilities. Facilities operating wastewaters should locate in areas with adequate industrial sewer capacity. The quality of wastewater must meet all federal, State and local sewering agency discharge requirements; and the facility must obtain a valid industrial wastewater discharge permit.

D.

Protect air quality.

1.

Air quality nonattainment and PSD areas.

a.

All facilities. Facilities are prohibited in Class I areas as identified in the Clean Air Act, and within wilderness, national parks, memorial areas and similarly dedicated areas. Facilities may be sited in other nonattainment and PSD (prevention of significant deterioration) areas only if they meet the requirements of the South Coast Air Quality Management District. The required health and safety assessment will identify air emissions, impacts and mitigations associated with the facility.

E.

Protect environmentally sensitive areas.

1.

Wetlands.

a.

All facilities. Facilities are prohibited from locating in wetlands such as saltwater, freshwater and brackish marshes, swamps and bogs, as defined in local, regional and State plans and policies (generally, areas inundated by surface water or groundwater with a frequency to support, under normal circumstances, a prevalence of vegetative or aquatic life which requires saturated soil conditions for growth and reproduction).

2.

Animal and plant habitats.

a.

All facilities. Facilities are prohibited from locating within critical or significant habitat areas of animal and plant species (including threatened or endangered species), as defined in local, regional or State plans and policies.

3.

Prime agricultural lands.

a.

All facilities. Facilities are prohibited from locating on prime agricultural lands, as defined in California law and local plans, unless an overriding public need is served and demonstrated.

4.

Recreational, cultural and aesthetic resources.

a.

Collection facilities. Low-volume transfer and storage facilities may locate in protected, recreational, cultural or aesthetic resource areas, as defined by local, regional, State or national plans or policies, only if necessary to handle hazardous wastes generated by workers, residents, or visitors in these areas.

b.

Treatment and recycling facilities and residuals repositories. Facilities are prohibited from locating in protected recreational, cultural and aesthetic resource areas, as defined by local, regional, State or national plans or policies.

5.

Mineral resource areas.

a.

All facilities. Facilities are prohibited from locating on lands containing significant mineral deposits, as classified by local plans or California's mineral land class maps and reports, if the extraction of the mineral deposit would be precluded.

F.

Ensure safe transportation of hazardous waste.

1.

Proximity to waste generation areas.

a.

Treatment, recycling and collection facilities. Facilities should locate close to sources of hazardous waste generation (generally industrial areas) to minimize the risks of transportation.

b.

Residuals repositories. Repositories may be located more distance from the sources of hazardous waste generation than other facilities because of the need for larger land areas and buffer zones.

2.

Proximity and access to major routes.

a.

All facilities. Facilities shall locate to minimize distance from major transportation routes. Facilities must have good access by roads designed to accommodate heavy vehicles. Travel routes from facilities to major transportation routes shall not pass through residential neighborhoods, shall minimize residential frontages, and shall be demonstrated as safe with regard to road design and construction, accident rates, excessive traffic, etc. The required health and safety assessment will evaluate risks associated with transportation of hazardous wastes.

G.

Protect the social and economic goals of the community.

1.

Consistency with General Plan.

a.

All facilities. Facilities must be consistent with local planning policies, including the City or County General Plan and zoning ordinances.

2.

Fiscal impact.

a.

All facilities. A facility's fiscal impact to the City or County must be demonstrated.

3.

Socioeconomic impacts.

a.

All facilities. The City or County may require the facility developer to fund an independent study on socioeconomic impacts of the facility.

4.

Consistency with Orange County hazardous waste management plan.

a.

All facilities. Facilities shall be consistent with the goals and policies of the Orange County hazardous waste management plan, and must demonstrate compliance with the siting criteria established herein. Facilities shall be consistent with the fair share principle, and with any interjurisdictional agreements on hazardous waste management. Local needs are to be the primary basis for facility siting criteria decisions, along with regional commitments; facilities are to be designed and sized primarily to meet the hazardous waste management needs of Orange County, or to meet the County's broader regional commitments under an interjurisdictional agreement.

(Code 1976, § V.E-208.6; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 00-02, § 4, 2-8-00)

A.

General conditions. The City may impose conditions on the granting of a conditional use permit for a hazardous waste facility in order to achieve the purposes of this chapter and the General Plan and to protect the health, safety and general welfare of the community.

B.

Safety and security.

1.

The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto any portion of the facility.

2.

The operator shall provide a 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the facility.

3.

An artificial or natural barrier (e.g., a wall or a wall combined with a landscaped berm) shall be constructed to completely surround the facility.

4.

All gates or other entrances into the facility shall be provided with adequate means to control entry at all times. Signs with the legend "Danger—Hazardous Waste Area—Unauthorized Personnel Keep Out" shall be posted at each entrance to the facility, and at other locations, in sufficient numbers to be seen from any approach. The legend shall be written in English, Spanish and any language predominant in the area surrounding the facility, and shall be legible from a distance of at least 25 feet. Existing signs with a legend other than "Danger—Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.

C.

Contingency plan.

1.

The hazardous waste facility is required to have a contingency plan designed to minimize hazards to human health and the environment from fires, explosions, or unplanned release of hazardous waste to air, soil, or surface water. The plan shall be carried out immediately whenever a fire, explosion, or unplanned release occurs.

2.

The contingency plan shall include:

a.

The actions employees must take in response to a fire, explosion, or unplanned release of hazardous waste.

b.

Arrangements agreed to by local emergency response officials.

c.

The names, addresses and telephone numbers (office and home) of all persons qualified to act as emergency coordinator. (If more than one name is listed, the order in which they may assume authority shall be given, with one person designated as primary coordinator.) The emergency coordinator shall be available to respond to an emergency and shall have the responsibility for coordinating all emergency response measures. The emergency coordinator shall be familiar with all aspects of the contingency plan, all operations and activities of the facility, the location and characteristics of wastes handled, and general facility layout. The emergency coordinator shall have the authority to commit the resources needed to carry out the contingency plan.

d.

A listing of all emergency equipment at the facility, including its location and an outline of its capabilities.

e.

An evacuation plan for employees where evacuation may be necessary, including signals used to begin evacuation, primary evacuation routes and alternate routes.

3.

Facility emergency coordinator responsibilities shall be identified in the contingency plan, to include, at a minimum, the following:

a.

In event of emergency (imminent or natural) fire, the emergency coordinator shall immediately activate facility alarms to notify employees and shall contract appropriate State or local emergency response agencies.

b.

In the event of a fire, explosion, or release of any hazardous material, the emergency coordinator shall immediately identify the character, exact source, amount and real extent of any released materials. Concurrently, the emergency coordinator shall assess possible hazards, both direct and indirect, to human health or the environment that may result from the emergency.

c.

If the emergency coordinator determines that the facility has had a release, fire or explosion which could threaten human health and the environment outside the facility, the emergency coordinator shall report his or her findings as per the following Subsections d and e.

d.

If evacuation is necessary, local officials shall be so notified.

e.

The emergency coordinator shall, in every situation, notify the State Office of Emergency Services at 1-800-852-7550 providing the following information:

(1)

Name and telephone of person reporting;

(2)

Name and address of facility;

(3)

Time and type and incident;

(4)

Name and quantity of material(s) involved;

(5)

Extent of injuries; and

(6)

Possible hazard to human health and the environment outside facility.

f.

During the emergency, the emergency coordinator shall take all reasonable measures to ensure that fires, explosions, and releases do not occur or spread, including such measures as:

(1)

Stopping operations;

(2)

Collecting and containing released waste; and

(3)

Removing or isolating containers.

g.

If the facility stops operations during an emergency, the emergency coordinator shall monitor for leaks, pressure buildups, gas generation or ruptures in valves, pipes or other equipment as appropriate.

h.

Immediately after an emergency, the emergency coordinator shall provide for treating, storing or disposing of recovered waste, contaminated soil or surface water, or any other material resulting from a release, fire or explosion.

i.

Other activities required of the emergency coordinator after an emergency are:

(1)

No wastes incompatible with the released material are handled until cleanup is completed; and

(2)

Emergency equipment is cleaned and ready for use before operations are resumed.

4.

Owner/operator responsibilities shall be identified in the contingency plan, to include, at a minimum, the following:

a.

Notify the State Department of Health Services and appropriate State and local authorities that the above requirements have been met before operations are resumed in the affected area.

b.

Record the time, date and details of any incident which requires implementing the contingency plan.

c.

Within 15 days submit a written report on the incident to the State Department of Health Services. The report shall include:

(1)

Name, address and telephone number of the owner/operator;

(2)

Name, address and telephone number of the facility;

(3)

Date, time and type of incident;

(4)

Name and quantity of materials involved;

(5)

Extent of any injuries;

(6)

Assessment of actual or potential hazards to human health or the environment, where applicable; and

(7)

An estimate of the quantity of material recovered and its disposition.

d.

A copy of the contingency plan shall be maintained at the facility. A copy shall be sent to Public Safety, the Orange County Fire Department, surrounding hospitals, the Orange County Health Care Agency, and other regulatory agencies as deemed appropriate.

e.

The contingency plan shall be reviewed and amended when any of the following occur:

(1)

The facility permit is revised.

(2)

Applicable regulations are revised.

(3)

The plan fails in an emergency.

(4)

Operations at the facility change in a way that materially increases the potential of fire, explosion or unplanned release of hazardous waste.

(5)

The list of emergency coordinators changes.

(6)

The list of emergency equipment changes.

D.

Monitoring.

1.

Upon reasonable notice, the City, its designated representatives or other agencies may enter a parcel on which a conditional use permit for a hazardous waste facility has been granted for the purpose of monitoring the operation of the facility.

2.

The holder of a conditional use permit for a hazardous waste facility shall report quarterly to the City the amount, type and disposition of all wastes processed by the facility. Included in the report will be copies of all manifests showing the delivery and types of hazardous waste materials. The report should also include a map showing the exact location (coordinates and elevation) by quantity and types of materials placed in repositories or otherwise stored or disposed of on-site.

3.

All structures shall remain accessible for inspection purposes.

E.

Closure plan. The owner or operator of a hazardous waste management facility shall submit a written closure plan. A copy of the approved plan and all revisions to the plan shall be kept at the facility until closure is completed. The plan shall identify steps necessary to completely or partially close the facility at any point during its intended operating life and to completely close the facility at the end of this intended operating life. The closure plan shall include at least:

1.

A description of how and when the facility will be partially closed, if applicable, and finally closed. The description shall identify the maximum extent of the operation which will be open during the life of the facility.

2.

An estimate of the maximum inventory of wastes in storage and in treatment at any time during the life of the facility.

3.

A description of the steps needed to decontaminate facility equipment during closure.

4.

An estimate of the expected year of closure and a schedule for final closure. The schedule shall include, at a minimum, the initial time required to close the facility and the time required for intervening closure activities which will allow tracking of the progress of closure. The owner or operator may amend his or her closure plan at any time during the active life of the facility. (The active life of the facility is that period during which wastes are periodically received.) The owner or operator shall amend the plan whenever changes in operating plans or facility design affect the closure plan, or whenever there is a change in the expected year of closure. When the owner or operator requests a permit modification to authorize a change operating plans or facility design, a modification of the closure plan shall be requested at the same time.

5.

The plan shall clearly indicate an effective and ongoing use for the facility after closure. The plan will identify how the subject property will be used after the anticipated life of the project, the nature and type of reclamation, provisions for maintenance of the project and finally the requirements for long-term monitoring of the reclaimed area to ensure no hazardous materials are leaking from the site.

6.

The plan shall indicate financial arrangements (irrevocable trust or other form of security arrangement) for the purpose of providing funds for the closure of its site and its long-term post-closure monitoring maintenance, per Section 2-13-8.F.3 below.

F.

Financial responsibility. The owner/operator shall show proof of liability insurance as follows:

1.

The types, amounts, periods of coverage, and provisions for periodic review as to adequacy of coverage shall be specified in the conditions of approval. Required insurance shall include, but not be limited to: general liability insurance, automotive liability insurance, environmental impairment liability insurance, and architect's and engineer's professional liability insurance. All such insurance shall name the City as an additional insured and shall be maintained for the life of the site and such additional periods as shall be specified in the conditions of approval.

2.

Additionally, coverage will be provided for workers' compensation insurance and such other insurance as may be required. Said insurance will name the City as either additional insured or as an additional loss payee. Certificates of insurance will be submitted to the City annually.

3.

An irrevocable trust will be established to provide funds for closure of the site and its long-term post-closure and monitoring and maintenance. Funds for this trust would be provided by the owner/operator of the facility quarterly based on quantity and types of percentage of gross income. The terms of the trust would be as agreed upon by the project owner/operator and the City. The terms will be reviewed annually in regards to the amount of funds in the trust and anticipated closure monitoring and maintenance costs. The applicant shall provide a bond in an amount to be determined by the City for purposes of closure of the site.

4.

The owner/operator shall defend, indemnify, and hold harmless the City, its officers, agents, servants, and employees from all claims, actions or liabilities arising out of the issuance of this permit, operations at the facility and transportation of wastes to and from the facility.

(Code 1976, § V.E-208.7; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

Pursuant to Section 2-13-3.C of this chapter, the City Council shall appoint a seven-member Local Assessment Committee (LAC).

A.

The membership of the LAC shall:

1.

Be broadly constituted to reflect the makeup of the community and shall include three representatives of the community at large, two representatives of environmental or public interest groups, and two representatives of affected businesses and industries. Members of the LAC shall have no direct financial interest, as defined in Government Code § 87103, in the proposed specified hazardous waste facility project. (Requirement of Health and Safety Code § 25199.7(d)(1).)

2.

Advise the City of the terms and conditions under which the proposed hazardous waste facility project may be acceptable to the community. The LAC shall do the following:

a.

Enter into a dialogue with the project proponent for the proposed hazardous waste facility project to reach an understanding with the project proponent on both the following:

(1)

The measures that should be taken by the project proponent in connection with the operation of the proposed hazardous waste facility project to protect the public health, safety, and welfare, and the environment of the City.

(2)

The special benefits and remuneration the project proponent will provide the City as compensation for the local costs associated with the operation of the facility. (Requirement of Health and Safety Code § 25199.7(d)(2)(A).)

3.

Represent generally, in meetings with the project proponent, the interests of the residents in the City and the interests of adjacent communities. (Requirement of Health and Safety Code § 25199.7(d)(2)(B).)

4.

Receive and expend the technical assistance grants made available as specified in Division 3 of this zoning ordinance. (Requirement of Health and Safety Code § 25199.7(d)(2)(C).)

5.

Adopt rules and procedures which are necessary to perform its duties as outlined herein. (Requirement of Health and Safety Code § 25199.7(d)(2)(D).)

6.

Advise the City of the terms, provisions, and conditions for project approval which have been agreed upon by the LAC and the project proponent and of any additional information which the LAC deems appropriate. The legislative body of the City may use this advice for this independent consideration of the project. (Requirement of Health and Safety Code § 25199.7(d)(2)(E).)

7.

Cease to exist after final administrative action has been taken by the State and local agencies on the permit applications for the project for which the LAC was formed. (Requirement of Health and Safety Code § 25199.7(d)(4).)

B.

The approval body shall provide staff resources to assist the LAC in performing its duties. (Requirement of Health and Safety Code § 25199.7(d)(3).)

C.

If the LAC and the project proponent cannot resolve any differences through the meetings specified in Section 2-13-3.E of this ordinance, the OPA may assist in this resolution pursuant to Health and Safety Code § 25199.7. (Requirement of Health and Safety Code § 25199.7(h).)

(Code 1976, § V.E-208.8; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

See Chapter 2-23 of this division (Public Meetings, Hearings and Notice Procedures).

(Code 1976, § V.E-208.9; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

In order for the Planning Commission to approve a hazardous waste facility application, the Commission must act on this application prior to approving a conditional use permit for a hazardous waste facility. The Planning Commission shall find that:

A.

The project is consistent with the City's General Plan and zoning ordinance.

B.

The project is not detrimental to the public health, safety or general welfare of the community.

C.

The project site is or will be adequately served by roads and other public or private service facilities.

D.

The project is consistent with the regional fair share facility needs assessment and siting policies established in the Orange County hazardous waste management plan.

E.

The project complies with the facility siting criteria per Section 2-13-7.

(Code 1976, § V.E-208.10; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

A project proponent or an interested person may file an appeal of a land use decision made by the City Council to the Governor's Appeals Board within 30 days after the date the City takes final action on the land use decision pursuant to Health and Safety Code § 25199.9. Procedures for filing an appeal are outlined in Health and Safety Code § 25199.14.

B.

See appeal procedures in Chapter 2-5 of this division.

(Code 1976, § V.E-208.11; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

A conditional use permit granted for an off-site hazardous waste facility shall be exercised within three years from the effective date thereof, or within such additional time as may be set in the conditions of approval, which shall not exceed a total of seven years; otherwise, the permit shall be null and void. The term "exercised" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion.

B.

Permit review and renewal shall be determined at the time of approval and shall not exceed five years.

(Code 1976, § V.E-208.12; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

The intent of the home occupation permit is to allow residents to carry on business activities in the home while ensuring there are no negative impacts on surrounding properties.

B.

Actions taken on applications subject to this chapter are considered ministerial and therefore are not subject to the California Environmental Quality Act (CEQA), or to City CEQA procedures.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

No person shall carry on business activities in the home without first obtaining a business license and Home Occupation Permit.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

A.

An application shall be submitted in a form as determined by the Director of Community Development or designee. No public hearing or notice is required.

B.

Home occupation permits shall be approved by the Director of Community Development or designee provided the following standards are met:

1.

The home occupation shall be an incidental and accessory use and shall not change the principal character of the dwelling unit.

2.

The dwelling unit shall not be the primary point of customer pickup, delivery or services rendered nor shall the home occupation cause a significant increase in vehicular traffic or pedestrian activity in the neighborhood.

3.

A sexually oriented business shall not be permitted to be conducted as a home occupation business.

4.

There shall be no signs, direct sales or other exterior evidence relating to the home occupation.

5.

The home occupation may be conducted in the garage but shall not use any space required for off-street parking.

6.

Only the residents of the dwelling unit or virtual employees (employees working remotely, not on subject property) may be employed in the home occupation.

7.

Electrical or mechanical equipment which creates visible or audible interference in radio, television or telephone or causes fluctuations in line voltage outside the dwelling unit shall be prohibited.

8.

The home occupation shall not create noise or odors in excess of that normally associated with a residential use.

9.

The home occupation is limited to one (1) business related vehicle.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23; Ord. No. 24-19, § 2(Exh. A), 11-26-24)

A home occupation permit shall become effective on the date the decision is rendered and shall remain valid as long as the business activity remains consistent with the standards in Section 2-14-2 above and is operated in a manner consistent with the codes and ordinances of the City of Irvine.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

Any violation of the home occupation requirement and standards established in Sections 2-14-2 and 2-14-3.B shall constitute a violation and will result in termination or revocation of the home occupation permit according to procedures set forth in Chapter 2-10 of the Zoning Ordinance and Chapter 3 of the Municipal Code.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

A.

An interim use is a temporary use of property until: 1) a particular date, 2) until the occurrence of a particular event, or 3) until zoning regulations no longer permit it.

B.

An interim use permit gives the City of Irvine the discretion to determine the limited term suitability of certain uses on the general health, welfare, and public safety of the general public.

C.

An interim use permit application may be approved, denied, or approved in modified form.

D.

The permit may be granted for a limited time period and/or may be granted subject to conditions which the approval body considers necessary to protect the public health, safety and welfare of the surrounding properties, the neighborhood, or the City as a whole.

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)

No person or organization shall conduct, maintain, or operate an interim use or permit its premises to be used for any interim use without first obtaining an interim use permit as provided in this chapter and then only after applying for and securing all other approvals, permits, and licenses required by law and ordinance.

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)

A.

An application for an interim use permit shall be obtained from the Community Development Department. No public hearing or notice is required.

B.

Persons eligible. The property owner or authorized agent of the property owner may initiate a request for an interim use permit.

C.

Permit application. The application for an interim use permit shall contain the following when submitted:

1.

A complete development case application signed by the property owner or its authorized representative.

2.

A deposit or fee as set forth by ordinance or resolution of the City Council.

3.

A letter of justification describing the proposed project and explaining how it will satisfy the findings in Section 2-15-6.

4.

The proposed starting and ending date and estimated hours of operation of the interim use.

5.

A site plan or drawing depicting the location of the interim use, including its boundaries, location of the structures, the parking area, temporary sanitary facilities, lighting, etc. For uses that will be located within an existing building, the floor plans for the areas to be occupied shall be provided.

6.

Other information as required by the Director of Community Development.

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)

The following are design standards for interim uses to ensure that they do not adversely impact the sites where they are located or adjacent developments.

A.

Parking.

1.

The interim use shall meet the minimum parking requirements as outlined in Division 4 - Parking of the City of Irvine Zoning Ordinance.

B.

Compatibility.

1.

The interim use shall be compatible with adjacent land uses and shall not adversely affect the adjacent properties, the surrounding neighborhood, or other uses on the property where the use will be located. This requirement extends to hours and days of operation, noise, and other impacts that may typically affect neighborhood compatibility.

2.

The interim use shall not result in any adverse impact to the site access or traffic flow on streets, alleys, and drive aisles.

C.

Signage.

1.

The interim use shall meet the requirements as outlined in Division 7 - Signs of the Irvine Zoning Ordinance.

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)

A.

Within 10 business days following the receipt of a complete application, the Director of Community Development shall approve, conditionally approve, or deny the interim use permit based upon the findings contained in Section 2-15-6.

B.

The Director of Community Development may impose such terms, conditions, and restrictions upon the operation or conduct of the interim use as may be deemed necessary or expedient to ensure that the findings in Section 2-15-6 can be made.

C.

Upon a decision being rendered, the Director of Community Development shall provide to the applicant, by mail and electronic mail, notice as to whether the permit has been granted or denied. The notice shall inform the applicant of the right to appeal the decision of the Director of Community Development pursuant to Section 2-15-7. Additionally, if the Director of Community Development should deny the application, the notice shall specify those reasons why the permit has been denied.

D.

The approved interim use permit and all related business permits must be posted on the premises in a conspicuous place.

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)

A.

The interim use will comply with all the applicable development standards of the Irvine Zoning Ordinance and the purpose of the zoning district in which the site is located.

B.

Adequate traffic circulation, off-street parking, and pedestrian safety will be maintained during the operation of the interim use.

C.

The interim use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)

The decision of the Director of Community Development with respect to the interim use permit shall be final unless appealed. The decision by the Director of Community Development may be appealed to the Planning Commission and the Planning Commission's decision may further be appealed to the City Council. Please refer to Chapter 2-5 (Appeal Procedure) for the process for appeal.

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)

An interim use permit shall be effective five business days after the date of the decision unless an appeal is filed pursuant to Chapter 2-5. If appealed and then approved by the Planning Commission or City Council, the interim use permit shall become effective on the date of Planning Commission or City Council approval action.

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)

A.

No permit issued under provisions of this chapter shall be transferable or movable to another location or another permittee.

B.

Any interim use permit granted or issued pursuant to the provisions of this chapter may be revoked per Chapter 2-10 (Enforcement and Revocation Procedures).

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)

A.

The intent of the manufactured structure permit is to implement standards designed to safeguard the welfare of the community when such a structure is proposed for a period of two years or less.

B.

Manufactured structures other than those exceptions identified below shall be permitted for a period not to exceed two years. Any length of time longer than two years shall require approval of a conditional use permit as indicated in Section 3-3-1 (Land use matrix).

C.

This permit is not intended to regulate construction trailers, structures in conjunction with seasonal uses (see Chapter 2-27 (Seasonal Use Permit)), storage sheds associated with residential unit(s) or produce stands associated with an agricultural use as defined in Section 1-2-1.

D.

Actions taken on applications subject to this section are considered ministerial and therefore are not subject to the California Environmental Quality Act (CEQA), or to City CEQA procedures.

(Code 1976, § V.E-211.1; Ord. No. 94-7, § 3, 6-14-94)

A.

An application shall be submitted in a form as determined by the Director of Community Development. No public hearing or notice is required.

B.

Manufactured structure permits shall be approved by the Director of Community Development provided the following conditions are met:

1.

Manufactured structures shall be permitted for a period not to exceed two years cumulatively from the date of approval for any site.

2.

No more than two manufactured structures may be located on any site at any given time.

3.

Manufactured structures shall be subject to compliance with all applicable development standards, including, but not limited to, parking, landscaping and site coverage.

(Code 1976, § V.E-211.2; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 11-08, § 3(Exh. A), 8-23-11)

This permit shall be strictly limited to a single two-year period. The manufactured structure may be retained beyond this timeframe only upon approval of a conditional use permit.

(Code 1976, § V.E-211.3; Ord. No. 94-7, § 3, 6-14-94)

A.

The intent of the Master Plan procedure is to provide for the resolution of major issues associated with the development of certain sites and land uses through discretionary review by the Planning Commission.

B.

The issues addressed in conjunction with a Master Plan will vary depending on the project. The City's primary concerns are the eight following issues, which shall be addressed by each Master Plan application:

1.

Existing and planned development on adjoining and proximate parcels;

2.

Thematic architecture and landscaping;

3.

Location of proposed buildings;

4.

Arrangement of uses proposed on-site;

5.

Access to the project site;

6.

On-site pedestrian and vehicular patterns, and transit routes;

7.

Distribution and amount of parking; and

8.

Identification and mitigation of project impacts.

(Code 1976, § V.E-212.1; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 96-18, § 4, 12-10-96)

A.

A Master Plan shall be required for certain kinds of developments, as noted below. When both a Master Plan and conditional use permit are required for a project, the submittal of a Master Plan may be waived by the Director of Community Development, provided the conditional use permit includes all the information that would be required for a Master Plan (see Section 2-9-2).

1.

Nonresidential development in the following zoning districts:

3.1 Multi-Use.

4.1 Neighborhood Commercial.

4.2 Community Commercial.

4.4 Commercial Recreation.

4.5 Regional Commercial.

4.6 Regional Office.

4.7 Urban Commercial.

4.8 Irvine Center Garden Commercial.

5.5H Medical and Science.

8.1 Trails and Transit Oriented Development.

2.

Residential development in the following zoning districts:

2.2 Low Density Residential.

2.3 Medium Density Residential.

2.4 Medium-High Density Residential.

2.5 High Density Residential.

3.1 Multi-Use.

4.7C Urban Commercial.

4.9 Lower Peters Canyon Regional Commercial.

5.3 IBC Residential.

8.1 Trails and Transit Oriented District.

3.

All development in the Hillside Overlay District.

4.

All development in the Residential and Residential Mixed-Use Overlay District and proposing to use the provisions established in the Overlay.

B.

At the Director of Community Development's discretion, a Master Plan may be required where:

1.

The project is under multiple ownership; or

2.

A development proposal will affect decisions on the remainder of any phased project that will not be addressed in conjunction with the development proposal alone.

C.

In addition to the above, a Master Plan shall be required for all projects located within the Irvine Business Complex (Planning Area 36) which meet any of the following criteria:

1.

The site is in excess of ten net acres in size.

2.

The Master Plan will include two or more principal uses.

3.

The site is proposed to be a receiving site for a transfer of development rights.

(Code 1976, § V.E-212.2; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 96-18, § 4, 12-10-96; Ord. No. 97-05, 5-13-97; Ord. No. 06-18, § 4, 10-24-06; Ord. No. 08-08, § 5, 8-12-0; Ord. No. 11-12, § 4(Exh. A), 9-13-11; Ord. No. 23-11, § 6(Exh. A), 6-13-23; Ord. No. 23-21, Exh. A, 10-24-23; Ord. No. 24-13, § 2(Exh. A), 9-10-24)

A.

Persons eligible. The property owner or authorized agent of the property owner, the City Council, the Planning Commission, and the Director of Community Development may initiate a Master Plan application.

B.

The information listed below is required at the time a Master Plan application is submitted to the Community Development Department:

1.

A complete development case application signed by the property owner or its authorized representative.

2.

A deposit or fee as set forth by an ordinance or resolution of the City Council.

3.

A letter of justification describing and explaining how the proposed project will satisfy the findings required in Section 2-17-7.

4.

Information required for public meetings and hearings, as determined by the Director of Community Development (see Chapter 2-23).

5.

Information as required by the City of Irvine Master Plan information sheet.

6.

Other information as required by the Director of Community Development.

7.

When a Master Plan involves park amenity credits or the dedication of park land, the application shall incorporate all the requirements listed in Chapter 2-22 (Park Procedure).

8.

Special requirements for projects located in the Irvine Business Complex (Planning Area 36): In addition to the application requirements specified in this section, the required plans shall also:

a.

Detail the quantity and distribution of a.m. and p.m. peak hour development intensity values, and average daily development intensity values, both existing and proposed, for each corresponding legal parcel within the site.

b.

Detail the quantity and distribution of uses and gross square feet, hotel rooms, and residential dwelling units (as appropriate), both existing and proposed, for each corresponding legal parcel within the site.

c.

Illustrate the legal boundaries on the site plan and provide both gross and net acreage figures for each legal parcel within the site.

9.

Special requirements for transfer of development rights project applications proposed for receiving site locations within the Irvine Business Complex (Planning Area 36): In addition to the application requirements specified in this section, the required plans shall also:

a.

Submit a traffic analysis scope of work for the project consistent with the traffic study guidelines and prepare an analysis to the satisfaction of the Director of Public Works.

(Code 1976, § V.E-212.3; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 96-18, § 4, 12-10-96; Ord. No. 10-07, § 9 (Exh. F), 7-27-10)

The Planning Commission shall be the final approval body for a Master Plan, with other commissions, as deemed appropriate, acting as advisory bodies.

(Code 1976, § V.E-212.4; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 96-18, § 4, 12-10-96)

A.

Commissions other than the Planning Commission may review any proposed Master Plan, if determined necessary by the Director of Community Development. If review by one of these commissions occurs, at least one public meeting shall be held and recommendations shall be prepared for consideration by the Planning Commission. See also Chapter 2-23.

B.

The Planning Commission shall hold at least one public hearing and shall approve, deny or approve in modified form by resolution a Master Plan application request by resolution based on the findings in Section 2-17-7.

C.

A public notice shall be required for both public meetings and hearings. See Chapter 2-23 for further information.

(Code 1976, § V.E-212.5; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 96-18, § 4, 12-10-96)

In order for the Planning Commission to approve a Master Plan, the Planning Commission shall find that:

A.

The proposed Master Plan is consistent with the City's General Plan.

B.

The proposed Master Plan is consistent with the City's zoning ordinance.

C.

The proposed Master Plan is in the best interests of the public health, safety and welfare of the community.

D.

The proposed Master Plan complies with all applicable requirements set forth within Division 8 pertaining to the dedication of permanent open space through a phased dedication implementation program for affected planning areas and zoning districts.

E.

If the proposed Master Plan affects land located within the coastal zone, the proposed Master Plan will comply with the provisions of the land use plan of the certified local coastal program.

(Code 1976, § V.E-212.6; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 96-18, § 4, 12-10-96)

A decision of the Planning Commission with respect to a Master Plan application may be appealed to the City Council within 15 calendar days of the date of the decision action in accordance with the appeal procedures of Chapter 2-5. City Council action shall be final and effective immediately.

(Code 1976, § V.E-212.7; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 96-18, § 4, 12-10-96; Ord. No. 18-05, Exh. A, 4-24-18)

A.

Planning Commission action on a Master Plan shall become effective 15 calendar days after the date of the Commission's decision unless the decision is appealed to the City Council. See Chapter 2-5 for further information.

B.

A Master Plan shall expire and become void three years following the effective date of final approval unless:

1.

A building permit is issued for the site and construction is commenced and diligently pursued toward completion; or

2.

A permit is issued authorizing occupancy of the site or structure; or

3.

The site is occupied if no building permit or certificate of occupancy is required.

C.

When a Master Plan is due to expire, the Director of Community Development shall have the authority to extend the Master Plan for one additional three-year period. The landowner must request an extension in writing at least 30 days prior to the expiration date, must provide a deposit or fee as set forth by an ordinance or resolution of the City Council, and must provide a letter of justification explaining how the following findings can be made:

1.

All elements of the Master Plan are consistent with the City's original findings.

2.

All significant environmental effects of the project were analyzed at the time of Master Plan approval. There are no new and previously unknown or undisclosed negative environmental impacts.

The Director of Community Development shall approve or deny the extension based upon his or her concurrence with and verification of the above findings. Subsequent extensions shall require the filing of a new Master Plan application. A decision by the Director of Community Development may be appealed to the Planning Commission using the same procedure as that specified in Chapter 2-5.

(Code 1976, § V.E-212.8; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 96-18, § 4, 12-10-96)

The Director of Community Development shall determine whether a proposed modification to a previously approved Master Plan is a major or minor or major modification based on the criteria set forth in Chapter 2-19.

(Code 1976, § V.E-212.9; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 96-18, § 4, 12-10-96)

Failure to comply with any Master Plan condition is a violation of this zoning ordinance subject to the enforcement and revocation procedures as prescribed and set forth in Chapter 2-10. Any Master Plan may be revoked upon failure to comply with any of the conditions or terms of approval or if any law or ordinance is violated in connection with the Master Plan approval.

(Code 1976, § V.E-212.10; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 96-18, § 4, 12-10-96)

A.

The intent of the cottage food operation procedure is to allow residents to carry on cottage food operations in the home while ensuring there are no negative impacts on surrounding properties, in accordance with State Law (AB 1616).

B.

Actions taken on applications subject to this chapter are considered ministerial and therefore are not subject to the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.), or to City CEQA procedures.

(Res. No. 15-86, § 3(Exh. A), 8-11-15; Ord. No. 24-19, § 2(Exh. A), 11-26-24)

A.

A resident proposing cottage food operations shall submit a home occupation permit application to the Community Development Department. No public hearing or notice is required.

B.

Cottage food operations shall be approved by the Director of Community Development or designee provided the following standards are met:

1.

Not more than one (1) full-time equivalent employee shall be permitted at the residential property at a time (not counting immediate family or household members).

2.

Garages, sheds, backyards, or other non-living space areas shall be prohibited from use of any cottage food operation-related business (i.e., no food storage, preparation, or selling).

3.

All deliveries must be made directly to the customer and no pickup of goods by a customer is allowed at the residential location. Goods may not be shipped from the residence via courier or private delivery services (Fed Ex, UPS, U.S. mail, Doordash, etc.).

4.

Licensee must maintain a valid Orange County cottage food operation license and abide by all State and County requirements at all times. Failure to do so will result in revocation of license.

5.

The applicant must obtain a City of Irvine Business License, home occupation permit, valid Seller's Permit, and Food Handler Certification.

(Res. No. 15-86, § 3(Exh. A), 8-11-15; Ord. No. 24-19, § 2(Exh. A), 11-26-24)

Cottage food operation activities may commence on the date the home occupation permit is approved and the business license is issued and shall remain valid as long as the business activity remains on the approved site and remains consistent with the standards in Section 2-18-2 above, is operated in a manner consistent with the codes and ordinances of the City of Irvine, and maintains a valid license with Orange County Health Department, a valid City of Irvine business license, Seller's Permit, and Food Handler Certification.

(Res. No. 15-86, § 3(Exh. A), 8-11-15; Ord. No. 24-19, § 2(Exh. A), 11-26-24)

The intent of this chapter is to recognize that revisions may be proposed by applicants subsequent to approval of a Master Plan, park plan, park design, or conditional use permit, as well as to development case types no longer in use. These revisions may be proposed in response to market conditions, input from staff as working drawings are processed, or previously unidentified site constraints. The procedure outlined in this chapter is not intended to apply to administrative relief, variances or to sign program modifications. There is no procedure to modify administrative relief or a variance. A new administrative relief or variance application must be filed. Refer to Chapter 2-31 for sign program modification procedures.

(Code 1976, § V.E-213.1; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 09-02, § 3, 3-24-09)

A.

Proposed modifications to approved cases which meet any one of the following criteria shall be processed as a major modification:

1.

Proposed addition, deletion, and/or relocation of approved structures and/or land uses which would cause significant or potentially significant environmental impacts, based on staff's analysis prepared in accordance with City policy.

2.

Proposed addition, deletion, and/or relocation of approved structures and/or land uses which would cause significant or potentially significant on-site and off-site traffic impacts, based on staff's analysis of the transportation issues prepared in accordance with City policy.

3.

The intent of the findings and conditions of approval for the approved project would not be preserved.

4.

Proposed addition, deletion and/or relocation of structures would result in an impact to or introduction of sensitive uses not previously considered within the site. This includes, but is not limited to, uses such as child care centers, schools, residences, and medical establishments.

5.

Reconfiguration of the site plan resulting in:

a.

A significant reduction in landscaping.

b.

A significant change in parking.

B.

Except for the foregoing, all proposed modifications are minor modifications. The Director of Community Development shall have authority to determine whether a proposed modification is major or minor.

(Code 1976, § V.E-213.2; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

Persons eligible. The property owner or authorized agent of the property owner may request a minor or major modification.

B.

The information listed below is required at the time a written request for a minor or major modification determination is submitted to the Director of Community Development:

1.

A written description of the proposed modification, its impacts on the approved case, including effects the modification may have on approved conditions, and justification describing and explaining how the project satisfies the required findings of Section 2-19-7.

2.

A deposit or fee as set forth by an ordinance or resolution of the City Council.

3.

Fully dimensioned, revised project plans.

4.

Information as required by the City of Irvine minor/major modification information sheet.

5.

Other information as required by the Director of Community Development.

6.

Major modifications only: Information as required for a public hearing, as determined by the Director of Community Development, and in accordance with Chapter 2-23.

(Code 1976, § V.E-213.3; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 97-05, 5-13-97)

A.

Minor modifications to approved plans may be approved by the Director of Community Development, either as separate applications or in conjunction with the review of building and grading permit applications, except that minor modifications to park plans, park designs, and existing parks shall be approved by the Director of Community Services per Section 2-22-10 of the Zoning Code. A minor modification shall be consistent with the original CEQA determination.

B.

Major modifications shall be treated as a new application requiring full staff review, a determination under CEQA, and consideration by the approval body specified by the zoning ordinance for the case type at a public hearing.

C.

For the obsolete zoning compliance (ZD) development case type, the Director of Community Development shall act as the approval body for major modifications. For site design (SD), park modifications (PK) and walls, streetscapes, and park plans (WS), all of which are obsolete, the Zoning Administrator shall act as the approval body for major modifications. However, at the Zoning Administrator's discretion, an application may be forwarded to the Planning Commission for review and action. Minor modifications to obsolete case types may be approved by the Director of Community Development.

(Code 1976, § V.E-213.4; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 00-02, § 4, 2-8-00; Ord. No. 09-02, § 3, 3-24-09)

A.

Major modification. The approval body shall hold at least one public hearing in accordance with Chapter 2-23. The approval body by resolution shall approve, conditionally approve, or deny the major modification, based on the findings in Section 2-19-7.

B.

Minor modification. All minor modifications shall be reviewed by the Director of Community Development, who shall approve, conditionally approve, or deny the modification requested, based on the findings in Section 2-19-7, except that minor modifications to park plans, park designs, and existing parks, shall be approved by the Director of Community Services per Section 2-22-10 of the Zoning Code.

(Code 1976, § V.E-213.5; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 09-02, § 3, 3-24-09)

A.

Findings for major modifications shall be the same as were required for the original approval. The following findings shall be made by the approval body prior to granting a minor modification to approved existing and obsolete development cases.

1.

The modification does not alter or affect the intent of the findings and conditions of the original project approval.

B.

In order for the Zoning Administrator to approve a major modification to an obsolete case type, the following findings must be made:

1.

The proposed project is consistent with the City's General Plan.

2.

The proposed project is consistent with the City's zoning ordinance.

3.

The proposed project is not injurious to the best interests of the public health, safety and welfare of the community.

(Code 1976, § V.E-213.6; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

Refer to Chapter 2-5 for appeal procedure.

(Code 1976, § V.E-213.7; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

A major modification shall become effective 15 calendar days after the date of the decision unless appealed. A minor modification shall be effective five business days after the date of the decision, unless appealed. If appealed, refer to Chapter 2-5 for appropriate time limitations.

B.

A minor or major modification shall be in effect pursuant to the terms of effect for the original case.

(Code 1976, § V.E-213.8; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

The intent of the model home complex permit is to implement certain standards designed to safeguard the welfare of the community when a temporary real estate office is established in a residential zoning district.

B.

Temporary real estate offices may be established within the boundaries of an approved tract to be used solely for the first sale of homes or the first rental of apartments in projects of 20 or more units within the same project.

C.

Actions taken on applications subject to this chapter are considered ministerial and therefore are not subject to the California Environmental Quality Act (CEQA), or to City CEQA procedures.

(Code 1976, § V.E-214.1; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

The following structures and facilities may be constructed as a part of a temporary model home sales complex:

A.

Model homes in compliance with the zoning regulations applicable to the properties that are being sold.

B.

Garages, attached and detached, in compliance with the zoning regulations applicable to the properties that are being sold. Garages attached to units being used as model homes may be used as temporary sales offices.

C.

Temporary manufactured structure or commercial coach for sales purposes.

D.

Accessory buildings and structures in compliance with the zoning regulations applicable to the properties that are being sold.

E.

Recreational facilities that will be a permanent portion of the subdivision in compliance with the zoning regulations applicable to the properties that are being sold.

F.

Permanent streets and driveways that will be part of the subdivision after the abandonment of the real estate office use.

G.

Temporary children's playgrounds.

H.

Temporary and permanent fencing, walks and structural amenities.

I.

Temporary vehicle parking and maneuvering areas to provide off-street parking as necessary for employees and guests.

(Code 1976, § V.E-214.2; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

The application shall be submitted in a format as determined by the Director of Community Development.

(Code 1976, § V.E-214.3; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

The Director of Community Development shall be the approval body for a model home sales complex. No public hearing or public notice is required.

(Code 1976, § V.E-214.4; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

An application for a model home sales complex permit may be approved for a maximum time period of 36 months from the date of approval. At the end of the 36-month period, the permit may be extended one additional 36-month period if it continues to comply with the requirements of this chapter.

B.

Prior to the issuance of certificates of use and occupancy for residential use and occupancy of the model homes, the temporary improvements shall be removed and the site shall comply with the terms of the original discretionary approval(s).

(Code 1976, § V.E-214.5; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

The open space management and conservation plan provides the framework to protect and enhance the natural wildlife habitats within the City of Irvine. The open space management and conservation plan is designed to:

1.

Preserve, create, and enhance habitat for sensitive plant and wildlife species;

2.

Provide opportunities for public use and education;

3.

Control exotic weed species that degrade the natural habitat;

4.

Where feasible and safe, reintroduce fire as a process of the various ecosystems;

5.

Identify open space maintenance and funding responsibilities.

B.

Amendments to an approved open space management and conservation plan shall be processed in accordance with the minor/major modification procedure in Chapter 2-19.

(Code 1976, § V.E-214-1.1; Ord. No. 95-4, § 1, 5-9-95)

A.

An open space management and conservation plan must be prepared for each of the open space implementation districts (phased dedication districts) (see Division 8 of this zoning ordinance).

B.

An open space management and conservation plan is required concurrent with an application to rezone or subdivide land within a phased dedication district.

(Code 1976, § V.E-214-1.2; Ord. No. 95-4, § 1, 5-9-95)

A.

When a project or development case is proposed and an open space management and conservation plan has already been adopted for the subject development area, the Director of Community Development may grant an open space management and conservation plan waiver if the nature of the proposal does not increase impacts to the preservation area. Each request for an existing open space management and conservation plan waiver must be analyzed separately. The granting of one open space management and conservation plan waiver does not ensure or justify other waivers within that same phased dedication district.

B.

A request for an open space management and conservation plan waiver shall be submitted in a form as prescribed by the Director of Community Development. The Director of Community Development shall review and determine whether a request to waive the requirements for an open space management and conservation plan should be approved.

(Code 1976, § V.E-214-1.3; Ord. No. 95-4, § 1, 5-9-95)

A.

Persons eligible. The property owner or authorized agent of the property owner, the City Council, the Planning Commission, and the Director of Community Development may initiate an open space management and conservation plan.

B.

If there is more than one landowner in the same phased dedication district, the City may, at its option, prepare the open space management and conservation plan document and charge the landowners for the cost of plan preparation through a fee based on gross acreage for the phased dedication district. An open space management and conservation plan for a phased dedication district with multiple property owners shall establish requirements which coincide with the different ownerships, to the extent possible.

C.

The information listed below is required at the time an open space management and conservation plan application is submitted to the Community Development Department:

1.

A complete development case application signed by the property owner or its authorized representative.

2.

A deposit or fee as set forth by resolution of the City Council.

3.

A letter of justification describing the proposed open space management and conservation plan, and explaining how it will satisfy the findings in Section 2-21-8.

4.

A statement describing the consistency of the proposed open space management and conservation plan with the General Plan. If a zone change or General Plan amendment is being proposed, open space management and conservation plan with the proposed General Plan amendment and/or zone change.

5.

Information required for public meetings and hearings, as determined by the Director of Community Development (see Chapter 2-23).

6.

An open space management and conservation plan report with the following information:

a.

Introduction.

b.

Issues, goals, and objectives.

c.

Inventory of biological resources.

d.

Habitat creation and enhancement.

e.

Wildlife habitat management for general and sensitive species.

f.

Public use management, including public access, trails, signage, education and interpretive facilities.

g.

Fire management (where applicable).

h.

Hazardous waste assessment.

i.

Stewardship plan map containing the following information:

(1)

The boundaries of the management area, with legal description.

(2)

Location and acreage of existing and restored biotic ecosystems.

(3)

Location of existing and planned roads and bicycle, equestrian and hiking trails.

(4)

Irrigation plan.

(5)

Land ownership patterns and maintenance responsibilities.

(6)

Description of adjacent land use.

7.

Information as required by the City of Irvine open space management and conservation plan information sheet.

8.

Other information as required by the Director of Community Development.

(Code 1976, § V.E-214-1.4; Ord. No. 95-4, § 1, 5-9-95)

A.

The City Council shall be the final approval body for an open space management and conservation plan, with the Planning Commission, and other commissions as deemed appropriate, acting as advisory bodies.

B.

The City Council shall approve, deny, or approve in modified form an open space management and conservation plan by resolution in connection with future development within the open space management and conservation plan by ordinance in connection with future development within a phased dedication district. In order to fulfill the purposes of this zoning ordinance, the City Council may require reasonable guarantees and evidence that the applicant or its successors in interest will satisfy any conditions imposed in connection with approval of the open space management and conservation plan.

(Code 1976, § V.E-214-1.5; Ord. No. 95-4, § 1, 5-9-95)

A.

The Planning Commission shall hold at least one public hearing on an open space management and conservation plan application and forward to the City Council its recommendation of approval, denial or approval in modified form. A recommendation of approval or approval in modified form shall be based on the findings in Section 2-21-8. If deemed appropriate by the Director of Community Development, a review of the application may also be conducted by other commissions prior to Council action. These commissions shall prepare recommendations for consideration by the Planning Commission and City Council.

B.

The City Council shall hold at least one public hearing and shall approve, deny or approve in modified form the open space management and conservation plan request, by resolution, based on the findings in Section 2-21-8.

(Code 1976, § V.E-214-1.6; Ord. No. 95-4, § 1, 5-9-95)

In order for the City Council to approve an open space management and conservation plan, the City Council shall find that:

A.

The proposed open space management and conservation plan is consistent with the City of Irvine General Plan.

B.

The proposed open space management and conservation plan is consistent with the intent of Section 2-21-1.

C.

The proposed open space management and conservation plan is in the best interests of the public health, safety and welfare of the community.

D.

The proposed open space management and conservation plan complies with all requirements for the dedication of permanent open space through a specified phased implementation program for affected planning areas and phased dedication districts (Division 8).

E.

If the proposed open space management and conservation plan affects land located within the coastal zone, the proposed open space management and conservation plan will comply with the provisions of the land use plan of the certified local coastal program.

(Code 1976, § V.E-214-1.7; Ord. No. 95-4, § 1, 5-9-95)

A.

The action taken by the City Council on an open space management and conservation plan proposal cannot be appealed. The Council's decision shall become final on the effective date of the ordinance approving, denying or approving in modified form the open space management and conservation plan.

B.

The determination of the Director of Community Development on a request for a waiver shall become effective five business days after the date of the decision unless appealed.

(Code 1976, § V.E-214-1.8; Ord. No. 95-4, § 1, 5-9-95)

A.

The intent of the park plan and park design requirement is to address and resolve the major issues associated with the development of public and private parks at the earliest stages in the development of a project and/or planning area (e.g., tentative map, Master Plan, conditional use permit, park plan or park design).

B.

When a tentative map is submitted, the requirements for a park plan shall be incorporated into the tentative map.

C.

When a Master Plan or conditional use permit is submitted and park dedication credits and/or the dedication of park land is involved, the requirements for a park design shall be incorporated into the Master Plan or conditional use permit.

(Ord. No. 98-11, § 3, 10-13-98; Ord. No. 10-03, § 3, 4-13-10; Ord. No. 15-86, § 3(Exh. A), 8-11-15)

A park plan shall be required for the design and development of all parks, including parks that do not receive park credit. A park plan shall be submitted and processed concurrent with the tentative map in accordance with the subdivision ordinance. Each park plan shall:

A.

Identify the location, size, and ownership of all proposed parks.

B.

List and describe the intended improvements and the requested amount of credit for park improvements/amenities for each park.

C.

Include a park phasing plan when more than one park is proposed in a subdivision.

D.

Identify the number of units within a project, any master homeowners' associations, and sub-associations where parks are located to indicate the level of accessibility for all recreational facilities.

E.

Identify its relationship to the park system for the entire planning area if the park plan does not incorporate an entire planning area as defined by the Zoning Code.

F.

If desired, for developments affordable for households of low and moderate income as defined in the City of Irvine General Plan—Housing Element, include a request for a reduction in the park dedication standard as defined by Irvine Code Section 5-5-1004.G.

G.

Identify any units located behind privacy gates.

H.

Include park dedication requirements for community and neighborhood parks per the approved zoning and Irvine Code Section 5-5-1004.C.

A park plan may include any additional information as required for park design applications listed in Section 2-22-5.

(Ord. No. 98-11, § 3, 10-13-98; Ord. No. 05-16, § 2, 7-12-05; Ord. No. 10-03, § 3, 4-13-10; Ord. No. 15-86, § 3(Exh. A), 8-11-15)

A.

The property owner or authorized agent of the property owner, the City Council, Community Services Commission, Planning Commission, Director of Community Development, or Director of Community Services may initiate a park plan application.

B.

The information listed below is required at the time a Park Plan application is submitted to the Community Development Department:

1.

A complete development case application signed by the property owner or its authorized representative.

2.

A deposit or fee as set forth by resolution of the City Council.

3.

Letter of justification, which includes the following:

a)

A description of the proposed project and how it will satisfy the findings set forth in Section 2-22-7.

b)

Park dedication requirements for community and neighborhood parks per the approved zoning and Irvine Code Section 5-5-1004.C.

c)

A statement explaining how the park plan will comply with Irvine Code Section 5-5-1004.D through F.

d)

A request to receive park dedication credit for park and recreational land or improvements/amenities, if applicable.

e)

A park phasing plan specifying when each park will be developed to best serve the residents of the subdivision per Irvine Code Section 5-5-1004.E.4, if applicable.

f)

The required level of accessibility for all proposed parks and how accessibility will be maintained in perpetuity if any park is proposed to be located behind privacy gates.

g)

A request to receive a park dedication reduction for development of new units affordable for households of low and moderate income per Irvine Code Section 5-5-1004.G, if applicable.

4.

Information required for a public meeting and/or hearing as determined by the Director of Community Development (see Chapter 2-23).

5.

Information as required by the City of Irvine Park Plan information sheet.

6.

Other information as required by the Director of Community Development, or Director of Community Services.

C.

Park plan approval authority. Upon recommendation of the Community Services Commission, the Planning Commission shall be the final approval authority for any park plan.

(Ord. No. 98-11, § 3, 10-13-98; Ord. No. 10-03, § 3, 4-13-10; Ord. No. 15-86, § 3(Exh. A), 8-11-15; Ord. No. 19-11, Exh. A, 8-13-19)

A park design shall be required to specify the design for the development of all parks, including the Orange County Great Park.

The size, location, ownership, and improvements/recreational amenities of a park shall be determined at the tentative map stage. A park design may be submitted and processed along with a Master Plan, conditional use permit, or separately. A park design may be submitted for a portion of portion of an approved Master Plan or conditional use permit. Each park design application shall address the following:

A.

Existing and planned development on adjoining and proximate parcels;

B.

Thematic architecture and landscaping;

C.

Location of proposed buildings;

D.

Arrangement of uses proposed on-site;

E.

Access to the project site;

F.

On-site pedestrian and vehicular patterns;

G.

Distribution and amount of parking;

H.

Identification and mitigation of project impacts from park(s) development; and

I.

Consistency with the approved park plan or Master Plan.

(Ord. No. 98-11, § 3, 10-13-98; Ord. No. 10-03, § 3, 4-13-10; Ord. No. 15-86, § 3(Exh. A), 8-11-15)

A.

The property owner or authorized agent of the property owner may initiate a park design for a private park; the City Council, Community Services Commission, Planning Commission, Director of Community Development, or Director of Community Services may initiate a park design for a public park.

B.

The information listed below is required at the time a park design application is submitted to the Community Development Department:

1.

A complete development case application signed by the property owner or its authorized representative.

2.

A deposit or fee as set forth by resolution of the City Council.

3.

A letter of justification describing the proposed project and explaining how it will satisfy the findings set forth in Section 2-22-7.

4.

Fully dimensioned, scaled site plan showing building and/or structure locations; service and loading areas; access points and parking areas; onsite circulation; athletic courts and fields; other facilities and equipment; location and type of fencing.

5.

Landscape plan showing the landscape theme and location of all landscaped areas.

6.

Building elevations showing the building height, exterior materials and architectural theme.

7.

A statement explaining how the park design will comply with Irvine Code Section 5-5-1004.D through F.

8.

Information required for public meeting and/or hearing (see Chapter 2-23).

9.

Other information as required by the City of Irvine Park Design Information Sheet.

10.

Other information as required by the Director of Community Development or the Director of Community Services.

C.

Park design approval authority.

1.

The Director of Community Services shall have the review and approval authority for park designs for all public parks, (whether receiving park credit or not), except as stated under Items 2, 3 and 4 below. The Director of Community Development shall have the review and approval authority for park designs for all private parks, (whether receiving park credit or not), except as stated under Items 2, 3 and 4 below. The Director of Community Development or the Director of Community Services may refer any park design subject to his/her approval to the Community Services Commission or Planning Commission for review and action.

2.

The Community Services Commission shall have the final review and approval authority for Park Designs for public or private parks equal to or greater than one acre in size, except as stated herein and under Items 3. and 4. below. The Director of Community Development may approve park designs and park design modifications for private parks equal to or greater than one acre in size, regardless of whether or not park dedication credit is being requested, under the following circumstances:

a.

The park design is consistent in size, configuration, and amenities with the approved park plan. This includes any increase in amenities as long as the overall park configuration does not substantially change from the approved park plan.

b.

There are minor changes (as defined in Section 2-22-10) in design, size, configuration, and amenities from the approved park plan.

The above exceptions do not apply to any public park design that proposes synthetic turf material. The Community Services Commission shall have the final review and approval authority for any public park designs that include synthetic turf material.

Proposed modifications to park designs for private parks greater than one acre in size- regardless of whether or not park dedication credit is being requested - which meet any of the criteria for major modifications specified in Section 2-22-10.C, as determined by the Director of Community Development, shall be referred to the Community Services Commission for final review and approval.

3.

The Planning Commission shall have the final approval authority for park designs for private parks, when the park design application is submitted in conjunction with a master plan or conditional use permit.

4.

The City Council shall have the review and approval authority for park designs pertaining to the Orange County Great Park.

(Ord. No. 98-11, § 3, 10-13-98; Ord. No. 05-16, § 2, 7-12-05; Ord. No. 10-03, § 3, 4-13-10; Ord. No. 15-86, § 3(Exh. A), 8-11-15; Ord. No. 19-11, Exh. A, 8-13-19)

A.

Public notice shall be required for both public meetings and hearings in accordance with Chapter 2-23.

B.

Park plan.

1.

The Community Services Commission shall hold at least one public meeting and shall recommend to the Planning Commission approval, denial, or approval in modified form of the park plan application. A recommendation of approval or approval in modified form shall be based on the findings in Section 2-22-7.

2.

The Planning Commission shall hold at least one public hearing and shall by resolution approve, deny, or approve in modified form any park plan request, based on the findings in Section 2-22-7.

C.

Park design.

1.

For park design approval by the Planning Commission, at least one public hearing shall be held in conjunction with the Master Plan or conditional use permit in accordance with Chapter 2-23. The Planning Commission by resolution shall approve, conditionally approve, or deny the park design based on the findings in Section 2-22-7.

2.

For park design approval by the Community Services Commission, at least one public hearing shall be held in accordance with Chapter 2-23. The Community Services Commission shall approve, conditionally approve, or deny the park design based on findings in Section 2-22-7.

3.

For park design approval by the Director of Community Development or the Director of Community Services, no public hearing shall be required. The Director of Community Development or the Director of Community Services, as applicable pursuant to Section 2-22-5.C shall approve, conditionally approve, or deny the park design based on findings in Section 2-22-7.

4.

For park design approval by the City Council (Orange County Great Park), no public hearing shall be required in conjunction with the consideration of the park design application. However, at least one public hearing shall be held in conjunction with the Master Plan or conditional use permit under which the park design is or will be proposed. The City Council shall approve, conditionally approve, or deny the park design based on findings in Section 2-22-7.

(Ord. No. 98-11, § 3, 10-13-98; Ord. No. 10-03, § 3, 4-13-10; Ord. No. 15-86, § 3(Exh. A), 8-11-15; Ord. No. 19-11, Exh. A, 8-13-19)

A.

In order to approve a park plan, the Planning Commission shall find that:

1.

The proposed park plan is consistent with the City's General Plan.

2.

The proposed park plan is consistent with the community parks Master Plan.

3.

The proposed park plan is consistent with the Local Park Code.

4.

For parks receiving park dedication credit, the proposed park plan is consistent with the park/facility standards manual.

5.

For developments affordable for households of low and moderate income requesting a park dedication reduction, the proposed park plan is consistent with the criteria set forth in Irvine Code Section 5-5-1004.D, F, and G.

6.

If the proposed park plan affects land located within the coastal zone, the proposed park plan will comply with the provisions of the land use plan of the certified local coastal program.

7.

The proposed park plan is in the best interests of the public health, safety and welfare of the community.

B.

In order to approve a park design, the appropriate approval authority shall find that:

1.

The proposed park design is consistent with the approved park plan or Master Plan.

2.

For parks receiving park dedication credit, the proposed park design is consistent with the park/facility standards manual.

3.

The proposed park design is in the best interests of the public health, safety and welfare.

(Ord. No. 98-11, § 3, 10-13-98; Ord. No. 10-03, § 3, 4-13-10; Ord. No. 15-86, § 3(Exh. A), 8-11-15)

Any decision of the Director of Community Development, Director of Community Services, the Community Services Commission or the Planning Commission approving, denying or conditionally approving in modified form a park plan or park design may be appealed in accordance with Chapter 2-5. A decision by the City Council approving a Park Design within the Orange County Great Park shall be final.

(Ord. No. 98-11, § 3, 10-13-98; Ord. No. 10-03, § 3, 4-13-10; Ord. No. 15-86, § 3(Exh. A), 8-11-15; Ord. No. 19-11, Exh. A, 8-13-19)

A.

Director of Community Development, Director of Community Services, Community Services Commission, or Planning Commission action on a park plan or park design shall become effective 15 calendar days after the date of the decision unless appealed to the City Council. See Chapter 2-5 for further information. An action by the City Council approving a park design within the Orange County Great Park shall become effective immediately.

B.

A park plan and a park design shall expire and become void three years following the date on which it becomes effective unless:

1.

A building permit consistent with the park plan and/or park design is issued and construction is commenced and diligently pursued toward completion; or

2.

A permit is issued authorizing occupancy of the site or structure; or

3.

The site is occupied if no building permit or certificate of occupancy is required.

C.

When a park plan or park design is due to expire, the Director of Community Development shall have the authority to extend the park plan or park design for one additional three-year period. The landowner must request an extension in writing at least 30 days prior to the expiration date, must provide a deposit or fee as set forth by ordinance or resolution of the City Council, and must provide a letter of justification explaining how the following findings can be made:

1.

All elements of the park plan or park design are consistent with the City's original findings.

2.

All significant environmental effects of the project were analyzed at the time of the subdivision map or conditional use permit approval associated with the park plan or park design. There are no new and previously unknown or undisclosed negative environmental impacts.

The Director of Community Development shall approve or deny the extension based upon their concurrence with and verification of the above findings. Subsequent extensions shall require the filing of a new park plan or park design application. A decision by the Director of Community Development may be appealed to the Community Services Commission using the same procedure as that specified in Section 2-22-8.

(Ord. No. 98-11, § 3, 10-13-98; Ord. No. 10-03, § 3, 4-13-10; Ord. No. 15-86, § 3(Exh. A), 8-11-15; Ord. No. 19-11, Exh. A, 8-13-19; Ord. No. 22-12, § 3(Exh. A), 8-9-22)

Proposed modifications to park plan, park designs, or existing parks which meet any one of the following criteria shall be processed as a major modification:

A.

For park plans, park designs, and existing parks: A proposed change in ownership from private to public or vice versa.

B.

Park plans: Any change that would result in an overall reduction of recreational opportunities within the park plan area as a whole, including, but not limited to:

1.

Any reduction in the total dedicated parkland acreage in the adopted park plan as a whole.

2.

Any deletion or reduction in size of an amenity that received park credit and/or replacement of an amenity that received park credit with another amenity of lesser value, where such change results in a reduction of the total park improvement credit in the park plan as a whole.

3.

Any deletion or reduction in size of a major recreational amenity within the park plan as a whole. Major amenities include, but are not limited to, pool(s), multi-purpose room or other assembly space(s), fitness center(s), tot lot(s), and fields or courts.

4.

Moving of parkland or recreation area acreage, a park amenity, or a portion of a park amenity from one park to another within the park plan and replacement of an amenity with another amenity of equal or higher value may be processed as a minor modification within the discretion of the Director of Community Development or the Director of Community Services, except as provided under provision D below.

C.

For park designs and existing parks:

1.

Any change that would result in overall reduction of recreational amenities within the park or recreation area, including, but not limited to:

a.

Any reduction in park acreage.

b.

Any deletion or reduction in size of an amenity that received park credit, and/or replacement of an amenity that received park credit with another amenity of lesser value, where such change results in a reduction of the total park improvement credit for the park.

c.

Any deletion or reduction in size of a major recreational amenity, including but not limited to pool(s), assembly space(s) such as multipurpose room, fitness center(s), tot lot(s), and any fields or courts.

2.

For park designs and existing parks, where there are existing residences within 200 feet from the park boundary, a major change also includes, but is not limited to, any change in size; replacement of an amenity with another amenity of unequal value; or the addition or deletion of an amenity, where such change could create a significant impact to the residences within 200 feet of the park facility. An example of a major modification would be addition of a shade structure, picnic/cook tables or group BBQs that creates a significant onsite and/or off-site parking impact.

3.

Any change to an existing park's amenities that, at the discretion of the Director of Community Development or the Director of Community Services, would negatively impact the existing residential neighborhood.

4.

Any change in turf from natural to synthetic material.

D.

Proposed modifications that meet any of the criteria listed in Section 2-19-2 shall be processed as a major modification.

Except for the foregoing, all proposed modifications are minor modifications. The Director of Community Development or the Director of Community Services shall have the authority to determine whether a proposed modification to an approved park plan or park design is major or minor. The Director of Community Development or the Director of Community Services shall review and approve minor modifications on parks. Major modifications shall be reviewed and approved by the approval authority specified in Sections 2-22-3.C and 2-22-5.C.

(Ord. No. 98-11, § 3, 10-13-98; Ord. No. 05-16, § 2, 7-12-05; Ord. No. 09-02, § 3, 3-24-09; Ord. No. 10-03, § 3, 4-13-10; Ord. No. 15-86, § 3(Exh. A), 8-11-15; Ord. No. 19-11, Exh. A, 8-13-19)

Failure to comply with any park plan or park design condition is a violation of this chapter subject to the enforcement and revocation procedures set forth in Chapter 2-10. A park plan or park design may be revoked upon failure to comply with any of the conditions or terms of approval or if any law or ordinance is violated in connection with the park plan or park design approval.

(Ord. No. 15-86, § 3(Exh. A), 8-11-15)

A.

A public meeting may be held by any of the City's advisory commissions or committees, prior to action by an approval body, per the discretion of the Director of Community Development. Public meetings shall be scheduled at the discretion of the Director of Community Development, and shall require public notice to be posted at the project site and the standard City posting locations.

B.

A public hearing shall be held by an approval body (e.g., the Zoning Administrator, Planning Commission and/or City Council) prior to action. Public hearings shall require public notice to respective homeowners' associations, property owners and apartment tenants within 500 feet of the property line of the proposed project (see Section 2-23-2 regarding notice to commercial tenants), and to any other persons required by law. The notice of the hearing shall be posted in at least three public places within the City, including the project site and the standard City posting locations. As determined by the Director of Community Development, a courtesy notice may be sent to appropriate other local jurisdictions. Publication in an adjudicated newspaper of general circulation is required for General Plan amendments, concept plan, and zone change applications.

1.

Zoning Administrator. The Zoning Administrator shall hold at least one public hearing on all the following items, except when the application has been called up for review and action, prior to the posting of the public notice, by a member of the Planning Commission:

a.

Administrative relief requests.

b.

Variance requests.

c.

Enforcement and revocation (when the Zoning Administrator is designated as the original approval body). The Zoning Administrator shall also hold a public hearing on the uses listed in Section 2-9-4 when a conditional use permit is required.

2.

Community Services Commission. The Community Services Commission shall hold at least one public meeting on park plan applications. The Commission shall also hold at least one public meeting on Master Plan and conditional use permit applications involving the park dedication requirements (the location, size, ownership (public vs. private), or modification) for low/moderate-income housing, prior to Planning Commission action.

3.

Planning Commission. The Planning Commission shall hold at least one public hearing on all other conditionally permitted uses that are not listed above under the Zoning Administrator. Additionally, the Planning Commission shall hold at least one public hearing on any General Plan amendment, concept plan, zone change, Master Plan, hazardous waste facility, coastal zone, enforcement and revocation (when the original approval body), appeal and major modification applications. At the discretion of the Director of Community Development, the Planning Commission may hold a public meeting for park plan applications, prior to action by the Community Services Commission.

4.

City Council. The City Council shall hold at least one public hearing on the following types of applications: General Plan amendments, concept plans, zone changes, and appeals.

(Code 1976, § V.E-216.1; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-9, § 12, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 97-05, 5-13-97; Ord. No. 04-02, § 3, 2-10-04)

No information needs to be provided by the applicant for a public meeting. For an application requiring a public hearing, the applicant shall provide the information listed below with the submittal of the project to the City. Coastal zone development, Section 2-7-2.C, and a hazardous waste facility under the procedure in Section 2-13-3, have different noticing requirements. General note: The 500-foot measurement shall be measured from the property line of the project site.

A.

A listing of all property owners and apartment and commercial tenants within 500 feet of the property line of the proposed project. Noticing of commercial tenants shall occur in only two instances: (1) a residential development is proposed within 1,000 feet of where businesses use, store, transport, and/or manufacture hazardous chemicals and/or waste, or (2) a heavy manufacturing use where the subject of the application is, or relates to, the use, storage, transportation, and/or manufacturing of hazardous chemicals and/or waste. The list of property owners shall be taken from the latest equalized assessment roll of Orange County and may include any subsequent property ownership changes recorded with the County.

B.

A listing of all addresses within 500 feet of the property line of the proposed project if the property is not yet listed on the latest equalized assessment roll of Orange County.

C.

A listing of all homeowners' associations governing property within 500 feet of the property line of the proposed project and all master community associations within the same planning area as the proposed project.

D.

One set of mailing labels acceptable to City staff for all addresses, except for an appeal, concept plan, General Plan amendment or zone change, which requires two sets of mailing labels for all addresses. All labels for which a tenant or occupant is not identified shall be addressed to "Occupant."

E.

A copy of an assessor's parcel map keyed to the labels submitted with the application, including dimensions of the 500-foot measurement from the property line of the proposed project.

(Code 1976, § V.E-216.2; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-9, § 12, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 04-02, § 3, 2-10-04; Ord. No. 05-16, § 2, 7-12-05)

A.

The Director of Community Development shall set the meetings for development cases to be reviewed by advisory commissions.

B.

The Director of Community Services shall set the time and place of all public meetings or hearings for the Community Services Commission.

C.

The Director of Community Development shall set the time and place of all public hearings for the Zoning Administrator and the Planning Commission.

D.

The City Clerk shall set the time and place of all public hearings for the City Council.

(Code 1976, § V.E-216.3; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-9, § 12, 6-22-93; Ord. No. 94-7, § 3, 6-14-94)

All public meeting and hearing notices that are published, mailed or posted for a proposed project shall be consistent in detail and content. All notices shall contain the information listed below. Coastal zone development, Section 2-7-5, and a hazardous waste facility under Section 2-13-3 (Procedure), have different noticing requirements.

A.

Time, date, address, and location of the meeting or hearing.

B.

Name of the advisory or approval body holding the meeting or hearing.

C.

A general description of the proposed project.

D.

The environmental determination.

E.

The name, title, and telephone number of a staff contact person.

F.

The location and hours that the case file can be reviewed.

G.

The project name and case number.

H.

The project applicant's name.

I.

Where a copy of the staff report, project resolution, and environmental determination can be obtained.

J.

A general description of project location, including streets and/or intersections, planning area, and village name of planning area.

K.

A vicinity map showing the project location.

L.

Date the notice was published, mailed and posted (when applicable).

M.

A disclosure statement at the bottom of the notice informing the public of the administrative process which must be followed in order to challenge a project in court.

N.

A statement that anyone interested in the project, and anyone who has questions or comments on the project, is invited to attend the public meeting or hearing, to appear and be heard on the request or proposal.

O.

A statement, if applicable, of whether the proposed project is located within the coastal zone; see Chapter 2-7.

(Code 1976, § V.E-216.4; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-9, § 12, 6-22-93; Ord. No. 94-7, § 3, 6-14-94)

Only notices for a public hearing need to be mailed, unless otherwise directed by the Director of Community Development. Coastal zone development, Section 2-7-5, and a hazardous waste facility under Section 2-13-3 (Procedure), have different noticing requirements. General note: The 500-foot measurement shall be measured from the property line of the project site. However, where a roadway is adjacent to a project site, the adjacent street and its right-of-way shall not be included in the 500-foot measurement.

A.

All notices shall be sent by first class mail not less than 15 calendar days and no more than 30 calendar days prior to the date of the public hearing. Mailings of 100 or more notices may go "bulk mail" provided they are sent out 30 calendar days in advance of the public hearing to ensure they are delivered at least 15 calendar days prior to the public hearing. The actual date the notice is mailed shall not be counted in the 15 or 30 calendar days; rather, the day following shall be counted as day number one.

B.

Notices shall be mailed to:

1.

Each residential and commercial property owner and tenant located within 500 feet of the property line of the project site. Noticing of commercial tenants shall occur in only two instances: (1) a residential development is proposed within 1,000 feet of where businesses use, store, transport, and/or manufacture hazardous chemicals and/or waste, or (2) a heavy manufacturing use where the subject of the application is, or relates to, the use, storage, transportation, and/or manufacturing of hazardous chemicals and/or waste. The list of property owners shall be obtained from the latest equalized assessment roll and may include any subsequent ownership changes recorded with the County.

2.

All homeowners' and master community associations governing property within 500 feet of the property line of the project site.

3.

Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected per Government Code § 65091(2).

4.

Any person or organization that has filed a written request for notice.

5.

Any adjacent City or County jurisdictions that may be affected by the proposed project.

6.

The property owner or the owner's duly authorized agent.

7.

The project applicant.

(Code 1976, § V.E-216.5; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-9, § 12, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 04-02, § 3, 2-10-04; Ord. No. 05-16, § 2, 7-12-05; Ord. No. 18-05, Exh. A, 4-24-18; Ord. No. 21-06, Exh. A, 6-8-21)

A.

Notice of a public meeting or hearing shall be posted not less than 15 calendar days and no more than 30 calendar days prior to the date of the public meeting or hearing by:

1.

Posting notice(s) at the standard City locations as established by the City Clerk; and

2.

Posting notice(s) on the project site.

B.

The actual date the notice is posted shall not be counted in the 15 or 30 calendar days; rather, the day following the date of posting shall be counted as day number one.

C.

Coastal zone development, Section 2-7-5, and a hazardous waste facility under Section 2-13-3 (Procedure), have different noticing requirements. For projects where a negative declaration or a mitigated negative declaration has been prepared, a separate notice per the City's CEQA guidelines shall be posted on the project site. This notice must be posted prior to the public hearing per the State and City CEQA guidelines.

(Code 1976, § V.E-216.6; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-9, § 12, 6-22-93; Ord. No. 94-7, § 3, 6-14-94)

A.

Notice of a public meeting is not required to be published, unless requested by the Director of Community Development.

B.

Notice of a public hearing shall be published for any General Plan amendment, concept plan, and zone change application requiring a public hearing. The notice shall be published not less than 15 calendar days and no more than 30 calendar days prior to the date of the public hearing in an adjudicated newspaper of general circulation. The actual date the notice is published shall not be counted in the 15 or 30 calendar days; rather, the day following shall be counted as day number one.

C.

Special circumstances. For a public hearing held on a proposed project located within the coastal zone to be heard by the Planning Commission, but not appealable to the Coastal Commission under the provisions of Chapter 2-7, notice shall be given per this chapter.

(Code 1976, § V.E-216.7; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-9, § 12, 6-22-93; Ord. No. 94-7, § 3, 6-14-94)

In the event the number of owners, residents, and/or tenants to receive notices exceeds 1,000, the City may, as an alternative to the mailing of notices, provide notice in the manner described in Government Code § 65091.

(Code 1976, § V.E-216.8; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-9, § 12, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 12-09, § 3(Exh. A), 5-22-12)

The number of alcoholic beverage licenses allowed by the State Department of Alcoholic Beverage Control (ABC) is based on the population within a census tract. The Public Convenience or Necessity Determination procedure provides applicants intending to secure a license from the State Department of Alcoholic Beverage Control (ABC) a process to operate in the City of Irvine when particular census tracts have an overconcentration of licenses.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

A Public Convenience or Necessity Determination is required when the State Department of Alcoholic Beverage Control (ABC) finds that there are more than the maximum allowed number of on- or off-sale licenses, causing an oversaturation in a particular census tract.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

A.

Persons eligible. The property owner or authorized agent of the property owner is eligible for requesting a Public Convenience or Necessity Determination.

B.

The information requested below is required at the time a Public Convenience or Necessity Determination application is submitted to the Community Development Department:

1.

A complete development case application signed by the property owner or its authorized representative.

2.

A deposit or fee as set forth by ordinance or resolution of the City Council.

3.

Floor plan.

4.

A letter of justification describing the proposed request and explaining how it will satisfy the findings in Section 2-24-6 of this Chapter.

5.

Information required for public meetings and hearings, as determined by the Director of Community Development (see Chapter 2-23).

6.

Department of ABC Application.

7.

Other information as required by the Director of Community Development.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

The Zoning Administrator shall be the approval body for a Public Convenience or Necessity Determination. However, at the Zoning Administrator's discretion, an application may be forwarded to the Planning Commission for review and action. In addition, a member of the Planning Commission may call up for review and action, prior to posting of the public notice, by the Commission prior to a Zoning Administrator decision, a Public Convenience or Necessity Determination application.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

The Zoning Administrator shall hold at least one public hearing in accordance with Chapter 2-23, and shall by resolution approve, deny, or approve in modified form the Public Convenience or Necessity Determination request, based on the findings in Section 2-24-6 below.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

In order for the approval body to approve a Public Convenience or Necessity Determination, the approval body shall find that:

A.

The Public Safety Department reviewed the project and concludes that it is not anticipated that sales of alcoholic beverages will result in an excessive number of calls for police service.

B.

The use of an alcoholic beverage license at the proposed location will not adversely affect the public health and safety.

C.

The sale of alcoholic beverages in conjunction with this use at this location is appropriate given that the use is consistent with the permitted sale of alcoholic beverages at similar locations within the City and/or adjacent jurisdictions. If the sale of alcoholic beverages is for a land use that does not exist within the City or adjacent jurisdictions, the proposed land use will be compatible with existing and future uses to the extent those uses are known.

D.

The alcoholic beverage control license will allow for the convenient sale and purchase of alcoholic beverages for on- and/or off-site consumption to customers.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

A.

A decision of the Zoning Administrator with respect to a Public Convenience or Necessity Determination application may be appealed to the Planning Commission within 15 calendar days of the date of the decision in accordance with Chapter 2-5.

B.

A decision of the Planning Commission with respect to a Public Convenience or Necessity Determination application may be appealed to the City Council within 15 calendar days of the date of the decision in accordance with Chapter 2-5.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

A.

A Public Convenience or Necessity Determination shall become effective 15 calendar days after the date of the decision, unless an appeal is filed pursuant to Chapter 2-5. If appealed and then approved by the Planning Commission or City Council, the Public Convenience or Necessity Determination shall become effective on the date of Planning Commission or City Council approval action. See Chapters 2-5 and 2-23 for further information.

B.

A Public Convenience or Necessity Determination shall expire and become void three years following the effective date of final approval unless:

1.

A building permit is issued for the site and construction is commenced and diligently pursued toward completion; or

2.

A permit is issued authorizing occupancy of the site or structure; or

3.

The site is occupied if no building permit or certificate of occupancy is required.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

Failure to comply with any Public Convenience or Necessity Determination condition is a violation of this Zoning Ordinance subject to the enforcement and revocation procedures as prescribed and set forth in Chapter 2-10. Any Public Convenience or Necessity Determination may be revoked upon failure to comply with any of the conditions or terms of approval or if any law or ordinance is violated in connection with the Public Convenience or Necessity Determination approval.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

An existing legally established alcohol outlet that was approved prior to the effective date of this ordinance shall be permitted to continue, subject to the provisions of Chapter 3-19 (Nonconforming Uses and Structures), provided it is maintained and operated in accord with the conditions imposed at the time of its establishment (if any) and continues to hold a valid license from ABC.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

A.

The intent of the pushcart permit is to allow business operators to establish this use while providing standards to safeguard the welfare of the community. Pushcarts shall be permitted only in developments with defined plazas and retail centers within multi-use, commercial or industrial districts.

B.

Actions taken on applications subject to this section are considered ministerial and, therefore, are not subject to the California Environmental Quality Act (CEQA), or to City CEQA procedures.

(Code 1976, § V.E-217.1; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 98-14, § 4, 10-27-98)

A.

No person shall sell or offer for sale any food, beverage, or product from any portable box, stand, bag or similar container other than a pushcart, in any office development with a defined plaza or retail center within multi-use, commercial or industrial districts.

B.

No person shall employ, direct or otherwise cause any other person to vend or offer to vend any food, beverage, or product in violation of Subsection A above.

C.

No person shall operate or retain any person to operate a pushcart for the purposes of vending without first obtaining a business permit and a pushcart permit.

(Code 1976, § V.E-217.2; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 98-14, § 4, 10-27-98)

The application shall be submitted in a format as determined by the Director of Community Development.

(Code 1976, § V.E-217.3; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 98-14, § 4, 10-27-98)

The Director of Community Development shall be the approval body for a pushcart permit. No public hearing or public notice is required.

A.

Each pushcart shall have affixed to it in plain view, the owner's business permit from the City of Irvine.

B.

The dimensions of any pushcart shall not exceed 96 inches in length, 48 inches in width and 101 inches in height.

C.

A single kiosk may be provided to provide weather protection for pushcarts. All sales from a kiosk shall be made from a pushcart(s) located within the kiosk.

D.

A single vendor may have no more than three pushcarts grouped together. A group of pushcarts may be located within a single kiosk. However, kiosks may not be grouped together.

E.

Two signs are allowed for a single pushcart. If a single operator groups two or three pushcarts together, then a maximum of four signs are allowed. If a pushcart or group of pushcarts is located within a kiosk, a maximum of four signs may be located on the kiosk in lieu of being located on the pushcart(s). Signs affixed to or painted upon kiosks may not exceed the eave line of the kiosk. Each sign may be a maximum of two square feet.

F.

No noise making devices shall be used in conjunction with pushcart vending.

G.

No pushcarts/kiosks shall be located within any parking area or on public property.

H.

Pushcarts/kiosks shall not be positioned in such a way that they pose a hazard to pedestrian circulation and safety. With the exception of pushcart groups, under no circumstances shall any pushcart and/or kiosks be located closer together than 10 feet.

(Code 1976, § V.E-217.4; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 98-14, § 4, 10-27-98)

A pushcart permit shall become effective on the date the decision is rendered and shall remain valid as long as the business activity remains unchanged, is consistent with the standards in Section 2-25-2 above, and is operated in a manner consistent with the Code and Ordinances of the City of Irvine. In the event a licensed business ceases the operation of a pushcart and a new licensed business operates the pushcart, or other changes are made in the operation of the business, a new pushcart permit and other appropriate permits shall be required.

(Code 1976, § V.E-217.5; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 98-14, § 4, 10-27-98)

A.

This chapter is intended to establish appropriate guidelines to ensure that reverse vending machines are reviewed and processed in a consistent manner.

B.

These regulations shall be applicable to a reverse vending machine or group of reverse vending machines as defined in Section 1-2-1. A facility that will include seven or more reverse vending machines is considered a small collection facility, for which a conditional use permit is required. See Chapter 2-32 (Small Collection Facilities).

C.

Actions taken on applications subject to this chapter are considered ministerial and therefore are not subject to the California Environmental Quality Act (CEQA), or to City CEQA procedures.

(Code 1976, § V.E-218.1; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

Prior to placement of any reverse vending machine, the operator shall obtain an approved reverse vending machine permit.

(Code 1976, § V.E-218.2; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

Applications for reverse vending machines shall include the following:

A.

A fee as required by resolution of the City Council.

B.

An 8½-inch by 11-inch site plan of the host site showing the location of the proposed recycling unit.

C.

A letter from the owner/management of the host use indicating knowledge and acceptance of the proposed recycling operation on the proposed site.

D.

A diagram of the reverse vending machine including proposed signage. Such signage shall be reviewed and acted upon pursuant to the City's sign ordinance (Division 7).

(Code 1976, § V.E-218.3; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A.

The Director of Community Development shall act as the approval body for reverse vending machines.

B.

The reverse vending machine permit will be granted upon receipt of the applicant's signed agreement to meet the following conditions:

1.

Location. Outdoor vending machines shall be located on the sidewalk against the exterior wall of the front or side elevation of the supermarket building with the front of the machine facing the main parking lot. Reverse vending machines shall not be placed within the parking lot, or within any existing setback or landscape area.

2.

Setbacks. Reverse vending machines shall not be located in such a way that they pose a hazard to pedestrian circulation or safety.

3.

Parking. No additional parking spaces shall be required for reverse vending machines that are in conjunction with an approved supermarket.

4.

Landscaping. No additional landscaping shall be required for reverse vending machines that are in conjunction with an approved supermarket.

5.

Signs. Reverse vending machine signs shall be limited to signage incorporated into the design of the individual machine by manufacturers whereby sign size shall be proportional to the size of the machine, with total sign area not to exceed 16 square feet.

6.

Maintenance. All reverse vending machines shall be constructed and maintained with durable waterproof and rustproof material. All reverse vending machines and their immediate surroundings shall be cleaned and maintained free of litter at all times.

7.

Operating instructions. All reverse vending machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identification and phone number of the responsible person to call if the machine is inoperative.

8.

Hours of operation. The hours of operation of all reverse vending machines shall be limited to the operating hours of the host use.

(Code 1976, § V.E-218.4; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

No public hearing or public notice is required for reverse vending machines.

(Code 1976, § V.E-218.5; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

See the appeal procedure in Chapter 2-5 of this ordinance.

(Code 1976, § V.E-218.6; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

Failure to comply with the standards and policies regarding reverse vending machines is a violation of this zoning ordinance subject to the enforcement and revocation procedures as prescribed in Chapter 2-10.

(Code 1976, § V.E-218.7; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

The seasonal use permit procedure provides seasonal business operators a process to operate in the City of Irvine while establishing standards to safeguard the aesthetic quality and the health, safety, and welfare of the community. Uses which may operate with a seasonal use permit include, but are not limited to: Christmas tree lots, pumpkin patches, fruit and vegetable stands not located on agricultural land, and other similar uses which operate at limited times of the year. These seasonal uses shall be permitted in all zoning districts except industrial districts. The requirements of a seasonal use permit do not apply to agricultural uses such as Christmas tree farms and produce (e.g., fruits and vegetables) stands located on agricultural land. Such uses are considered agriculture (see definition of "agricultural use").

(Code 1976, § V.E-219.1; Ord. No. 94-7, § 3, 6-14-94)

No person or organization shall conduct, maintain, or advertise a seasonal use or permit its premises to be used for any seasonal use without first obtaining a seasonal use permit as provided in this chapter.

(Code 1976, § V.E-219.2; Ord. No. 94-7, § 3, 6-14-94)

A.

Applications for a seasonal use permit shall be obtained from the Community Development Department. The applicant shall submit the application to the Community Development Department with any required building, electrical, and/or plumbing permit applications. The seasonal use permit application shall be filed not less than 10 days prior to the proposed opening of the seasonal use.

B.

Permit application. The application for a seasonal use permit shall provide the following information and items when submitted:

1.

The name, address, and telephone number of the applicant/organization and an alternative contact person.

2.

The name, address, and telephone number of the person who will be present and in charge of the lot, patch or stand.

3.

A detailed description of the proposed seasonal use.

4.

The proposed starting and ending date and estimated hours of operation of the seasonal use.

5.

A site plan or drawing depicting the location of the seasonal use, including its boundaries, location of the structures, the parking area, temporary sanitary facilities, lighting, etc.

6.

The type and the number of structures, tents, etc., which will be used on-site.

7.

The text, size, shape, material, and location of signs to be placed on-site. See sign ordinance for requirements.

8.

Permit exceptions. Manufactured structure permits are not required for seasonal uses that propose manufactured structures on-site during the period in which the seasonal use permit is in effect.

9.

Security for cleanup. The applicant shall submit an agreement on a form provided by the City and signed by the applicant stating that, during the operation of the seasonal use and within 48 hours after the conclusion of the seasonal use, the applicant will clean and restore to its original condition the property and the public right-of-way fronting the property upon which the seasonal use is to occur. Such agreement shall be secured by a $500 surety in a form acceptable to the Director of Community Development. The surety shall be refundable on compliance with the provisions and requirements of this chapter, including, but not limited to, the removal of trash and debris, structures/tents, signs, fencing, and cleanup of the site and public right-of-way.

(Code 1976, § V.E-219.3; Ord. No. 94-7, § 3, 6-14-94)

A.

Parking.

1.

Christmas tree lots, pumpkin patches, and similar uses shall provide one space per 500 square feet of sales/display area, plus one space per employee.

2.

Fruit and vegetable stands and similar uses shall provide one space per 200 square feet of display/stall space and customer circulation area, plus one space per employee.

B.

Business permit. The applicant shall secure a City of Irvine business permit prior to operating the seasonal business.

C.

Displays and products. All outdoor displays and products must relate to the primary seasonal product available for purchase.

(Code 1976, § V.E-219.4; Ord. No. 94-7, § 3, 6-14-94)

A.

Within 10 business days following the receipt of the completed application, the Director of Community Development shall approve, conditionally approve or deny the seasonal use permit based upon the findings contained in Section 2-27-7.

B.

The Director of Community Development may impose such terms, conditions and restrictions upon the operation or conduct of the seasonal use as may be deemed necessary or expedient to ensure that the findings in Section 2-27-7 can be made.

C.

Upon the decision with respect to the application, the Director of Community Development shall mail to the applicant, by certified mail, notice as to whether the permit has been granted or denied. The notice shall inform the applicant of the right to appeal the decision of the Director of Community Development pursuant to Section 2-27-8 below. Additionally, if the Director of Community Development should deny the application, the notice shall specify those reasons why the permit has been denied.

D.

The approved seasonal use permit and all related business permits must be posted on the premises in a conspicuous place.

(Code 1976, § V.E-219.5; Ord. No. 94-7, § 3, 6-14-94)

A.

The seasonal use complies with all the applicable development standards of the Irvine zoning ordinance.

B.

Adequate traffic circulation, off-street parking, and pedestrian safety will be maintained during the operation of the seasonal use.

(Code 1976, § V.E-219.6; Ord. No. 94-7, § 3, 6-14-94)

The decision of the Director of Community Development with respect to the seasonal use permit shall be final unless appealed. Please refer to Chapter 2-5 (Appeal Procedure) for the process for appeal.

(Code 1976, § V.E-219.7; Ord. No. 94-7, § 3, 6-14-94)

A.

Christmas tree lots may be approved and commence operation on November 15 for a period not to exceed 45 calendar days.

B.

Pumpkin patches may be approved and commence operation on October 1 for a period not to exceed 31 days.

C.

Fruit and vegetable stands may be approved and commence operation for a period not to exceed 120 days.

D.

The Director of Community Development may extend these time limits to accommodate consecutive seasons (i.e., pumpkin patches and Christmas tree sales) up to a maximum of six months.

(Code 1976, § V.E-219.8; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 97-05, 5-13-97)

The applicant shall pay all required fees as determined by resolution of the City Council.

(Code 1976, § V.E-219.9; Ord. No. 94-7, § 3, 6-14-94)

The recipient of an approved seasonal use permit from the previous year (same person/organization, same use, and at the same location) shall submit a written request to the Director of Community Development for a seasonal use permit renewal per the following criteria:

A.

Complete a new seasonal use permit application and attach a copy of the previous year's approved application.

B.

The renewal fee, as determined by City Council resolution, shall be paid at the time of submittal.

C.

The Director of Community Development shall have five business days to complete the review of the application.

D.

Except as otherwise provided in this chapter, renewal applications shall be subject to the approval process contained in Section 2-27-5.

(Code 1976, § V.E-219.10; Ord. No. 94-7, § 3, 6-14-94)

A.

No permit issued under provisions of this chapter shall be transferable or movable to another location or another permittee.

B.

Any seasonal use permit granted or issued pursuant to the provisions of this chapter may be revoked per Chapter 2-10 (Enforcement and Revocation Procedures).

(Code 1976, § V.E-219.11; Ord. No. 94-7, § 3, 6-14-94)

A.

The intent of this chapter is to regulate uses which, because of their very nature, are believed to have any of the recognized significant secondary effects on the community, which include, but are not limited to: depreciated property values and increased vacancies in residential and commercial areas in the vicinity of sexually oriented businesses; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of sexually oriented businesses due to increased crime, debris, noise and vandalism; higher crime rates in the vicinity of sexually oriented businesses; and blighting conditions such as low-level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the sexually oriented businesses. It is neither the intent nor effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors or exhibitors of sexually oriented materials to their intended market.

B.

Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

C.

Review and approval of the sexually oriented business permit is a ministerial action based on the standards contained in this zoning ordinance, and is therefore not subject to CEQA.

(Code 1976, § V.E-220.1; Ord. No. 92-22, § 3, 12-8-92; Ord. No. 94-7, § 3, 6-14-94)

No sexually oriented business shall be permitted to operate, engage in, conduct or carry on business within the City unless the owner of the business first obtains both a sexually oriented business permit and a business license from the City of Irvine.

(Code 1976, § V.E-220.2; Ord. No. 92-22, § 3, 12-8-92; Ord. No. 94-7, § 3, 6-14-94)

A complete sexually oriented business permit application signed by the property owner or its authorized representative and by the owner of the proposed sexually oriented business.

(Code 1976, § V.E-220.3; Ord. No. 92-22, § 3, 12-8-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 99-04, § 1, 2-9-99; Ord. No. 23-13, § 3(Exh. A), 7-11-23)

A.

Determination of completeness. The City Manager or his or her designee shall notify the City Council of the receipt of an adult oriented business application and, within seven days of receipt of an application, determine whether the application contains all the information required by the provisions of this Chapter 2-28. If it is determined that the application is not complete, the applicant shall be notified in writing within 10 business days of the date of receipt of the application that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant shall have 30 calendar days to submit additional information to render the application complete. Failure to do so within the 30-day period shall render the application null and void. Within five business days following the receipt of an amended application or supplemental information, the City Manager or his or her designee shall again determine whether the application is complete in accordance with the procedures set forth above. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. Once the application is found to be complete, the applicant shall be notified within five business days of that fact. All notices required by this chapter shall be deemed given upon the date they are either deposited in the United States mail, or the date upon which personal service of such notice is provided.

B.

Issuance of permit. The City Manager shall issue a sexually oriented business permit within 15 calendar days of receipt of a completed application if he or she finds that the application fully complies with the findings/locational and operational requirements contained in Section 2-28-5. The applicant shall be notified within five business days of the date the City Manager issues the sexually oriented business permit in the manner provided above. The decision of the City Manager to issue or deny a permit shall be final.

C.

Prompt judicial review. Any applicant whose permit has been denied pursuant to this chapter shall be afforded prompt judicial review of that decision as provided by law. Notwithstanding the provisions of Code of Civil Procedure § 1094.6, or any other provision of law, in the event that a complete record of the proceedings is necessary for the judicial review of the decision, the City shall provide the record to the person seeking judicial review and the court within 14 days of receiving a request to do so.

(Code 1976, § V.E-220.4; Ord. No. 92-22, § 3, 12-8-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 99-04, § 2, 2-9-99)

The City Manager shall approve and issue a sexually oriented business permit if the City Manager finds that:

A.

The sexually oriented business is located in the General Industrial or IBC Industrial zones.

B.

The sexually oriented business is not proposed to be located within 2,300 feet of any residential zone or residential use approved by the Cities of Irvine, Lake Forest, Laguna Hills, and Tustin, or the United States Marine Corps.

C.

The sexually oriented business is not proposed to be located within 2,300 feet of any lot upon which there is located a religious institution, public park facility, child care center or school.

D.

Reserved.

E.

The sexually oriented business is not proposed to be located within 500 feet of another sexually oriented business.

F.

The distance of separation required by findings B, C, and E shall be made using a straight line, without regard to intervening structures or objects, from the property line of the lot on which the sexually oriented business shall be located to the nearest property line of the lot upon which is located a residential use, a religious institution, the Irvine Multi-Modal Transportation Center, the James Musick Facility, a public park facility, a school, a child care center or a sexually oriented business. If the use to which the measurement is being taken is located on the same lot as the sexually oriented business, the distance between the two shall be measured in a straight line between the front doors of each use without regard to intervening structures or objects.

G.

The sexually oriented business complies with the City's parking standards for the underlying use. Where no City parking standard exists for a particular use, a parking study shall be prepared and completed for the use in question. The study shall demonstrate that the sexually oriented business for which the applicant is seeking approval provides parking sufficient to satisfy the demand demonstrated by the parking study.

H.

The sexually oriented business is not proposed to be located completely, or partially, within any mobile structure or pushcart.

I.

The sexually oriented business will not stage any special events, promotions, festivals, concerts or the like that would increase the demand for parking beyond the approved number of spaces for the particular use.

J.

The sexually oriented business will not conduct any massage, acupuncture, tattooing, acupressure, fortune telling or escort services on the premises.

K.

The sexually oriented business provides a security system that visually records and monitors parking lot areas.

L.

The sexually oriented business complies with the City's sign regulations as contained in Division 7 of the zoning ordinance.

M.

The sexually oriented business complies with the development and design requirements of the planning area in which it is to be located.

N.

The sexually oriented business will not display any sexually oriented material or sexually oriented merchandise which would be visible from any location other than from within the sexually oriented business.

O.

The sexually oriented business will not be accessible to any person under the age of 18 if no liquor is served, or 21 if liquor is served.

P.

The sexually oriented business shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

Q.

Neither the applicant, if an individual, nor any of the officers or general partners, if a corporation or partnership, of the sexually oriented business shall have been found guilty within the past two years of violating any of the provisions of a sexually oriented business permit or similar permit or license in any city, county, territory or state, or of any misdemeanor or felony classified by the state as a sex related offence, including, but not limited to, a violation of the following Penal Code sections and their subparts and subsections: 220, 261, 262, 264, 264.1, 265, 266 (inc. 266a—266k), 267, 286, 286.5, 288, 288a, 289, 647, 647b, 647d, and 647.6.

R.

Reserved.

S.

The interior of the adult oriented business will be configured such that there is an unobstructed view, by use of the naked eye, and unaided by video, closed circuit cameras or any other means, of every public area of the premises, including, but not limited to, the interior of all individual viewing areas, from a manager's station which is no larger than 32 square feet of floor area with no single dimension being greater than eight feet and located in a public portion of the establishment. No public area, including, but not limited to, the interior of any individual viewing area, will be obscured by any door, curtain, wall, two-way mirror, or other device which would prohibit a person from seeing into the interior of the individual viewing area, solely with the use of the naked eye and unaided by video, closed circuit cameras or any other means, from the manager's station. A manager will be stationed in the manager's station at all times the business is in operation or open to the public in order to enforce all rules and regulations. No individual viewing area will be designated or operated to permit occupancy of more than one person at any one time.

T.

All areas of the sexually oriented business shall be illuminated at a minimum of 1.25 footcandles, minimally maintained and evenly distributed at ground level.

U.

The individual viewing areas of the sexually oriented business shall be operated and maintained with no holes or other openings or means of direct visual or physical access between the interior space of two or more individual viewing areas. "Individual viewing area" shall mean a viewing area designed for occupancy by one person.

V.

The sexually oriented business complies with the objective design and development requirements for the zone in which the use will occur.

W.

A traffic study has been prepared for the sexually oriented business in conformance with the City of Irvine traffic study guidelines. The applicant shall make all necessary improvements to reduce all project-related traffic impacts which exceed the applicable planning area's adopted trip cap or IBC development intensity value cap or any street, roadway or arterial's adopted level of service are reduced to the adopted levels. Said improvements have been made conditions of project approval.

X.

The sexually oriented business shall comply with the noise element of the General Plan, including Figure F-5, interior and exterior noise standards, and any mitigation measures necessary to reduce the project's noise impacts to the City's articulated noise standard.

Y.

Reserved.

Z.

The sexually oriented business will provide separate restroom facilities for male and female patrons. The restroom will be free from sexually oriented materials and sexually oriented merchandise. Only one person will be allowed in the restroom at any time, unless otherwise required by law, in which case the sexually oriented business will employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The attendant will ensure that no person of the opposite sex is permitted into the restroom, and that not more than one person is permitted to enter a restroom stall, and, with the exception of urination and excretion, which no persons engage in any specified sexual activity in the public portion of the restroom.

AA.

Live entertainment will only be performed either: (a) on a stage raised at least 18 inches above the floor and separated from patrons by a fixed rail at least 30 inches in height placed at a distance of not less than eight feet around the perimeter of the stage; or (b) in a location other than on a stage such that no portion of the performer is, at any time, within six feet of any patron. This provision will not apply to an individual viewing area where the performer is completely separated from the area in which the performer is viewed by an individual by a permanent, floor to ceiling solid barrier.

AB.

No patron will directly pay or give any gratuity to any performer, and no performer will accept any direct payment from any patron. For the purposes of this section, the phrase "directly pay" shall mean the person to person transfer of the gratuity. This section shall not prohibit the establishment of a nonhuman gratuity receptacle placed at least six feet from the stage or area occupied by the performer.

AC.

No performer will intentionally have any physical contact with any patron and no patron will intentionally have any physical contact with any performer while on the premises of an adult oriented business.

AD.

At least one security guard will be on duty outside the premises, patrolling the grounds at all times the business is open to the public. The security guard shall be charged with permitting violations of law and enforcing the provisions of this chapter. All security guards will be uniformed so as to be readily identifiable as a security guard by the public. No person acting as a security guard shall act as a doorman, ticket taker or seller, or perform any other function while acting as a security guard. For all sexually oriented businesses providing live entertainment, an additional security guard will be required with each increase in maximum occupancy of 50 persons. All security guards shall be licensed under the California State Private Security Services Act, Business and Professions Code § 7580 et seq.

AE.

Public nudity will be prohibited on the premises at all times. For the purposes of this section, the term "public nudity" shall mean appearing in a state in which the individual is clothed in less than pasties and a G-string. The phrase "G-string" shall mean an article of clothing that opaquely covers the buttocks at least one inch on either side of the natal cleft and covers the entirety of the genitalia and pubis. The term "pasties" shall mean an article of clothing that opaquely covers the nipple and areola of the female breast and is not designed to nor appears to look like the nipple and/or areola of the female breast.

(Code 1976, § V.E-220.5; Ord. No. 92-22, § 3, 12-8-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 99-04, §§ 3—14, 2-9-99; Ord. No. 00-02, § 4, 2-8-00; Ord. No. 10-07, § 9 (Exh. H), 7-27-10; Ord. No. 23-13, § 3(Exh. A), 7-11-23)

Editor's note— Ord. No. 99-04, §§ 15 and 16, adopted February 9, 1999, amended the Code by repealing former §§ 2-28-7 and 2-28-8. Former § 2-28-7 pertained to permit duration, and derived from the Code of 1976, § V.E-220.6; and Ord. No. 92-22, adopted December 8, 1992; Ord. No. 94-7, adopted June 14, 1994. Former § 2-28-8 pertained to permit renewal and derived from the Code of 1976, § V.E-220.7; and Ord. No. 92-22, adopted December 8, 1992; Ord. No. 94-7, adopted June 14, 1994.

No sexually oriented business permit may be sold, transferred, or assigned by any permittee, or by operation of law, to any other person, group, partnership, corporation or any other entity. Any such sale, transfer, or assignment or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such permit and such permit shall be thereafter null and void. A sexually oriented business permit held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the sexually oriented business from one element of a sexually oriented business use to another element of a sexually oriented business shall also render the permit null and void. A sexually oriented business permit shall only be valid for the exact location specified on the permit.

(Code 1976, § V.E-220.8; Ord. No. 92-22, § 3, 12-8-92; Ord. No. 94-7, § 3, 6-14-94)

A.

Inspections. The permittee shall permit officers of the City of Irvine, the County of Orange, and each of their authorized representatives to conduct unscheduled inspections of the premises of the sexually oriented business for the purpose of ensuring compliance with the law at any time the sexually oriented business is open for business or occupied.

B.

Revocation grounds. The Director of Community Development may revoke a sexually oriented business permit when he or she discovers that any of the following have occurred:

1.

Any of the findings contained in Section 2-28-5 above ceases to be satisfied;

2.

The application contains incorrect, false or misleading information;

3.

The applicant is convicted of any felony or misdemeanor which is classified as a sex or sex-related offense, any violation of the City's zoning ordinance, any violation of the City's massage ordinance, or any violation of any other adult business ordinance of any other city, county, or state;

4.

Individual viewing areas are being operated with more than one occupant at any one time, or are being maintained with holes or other openings or means of direct visual access between the interior space of two or more individual viewing areas. For the purpose of this chapter, "individual viewing area" shall mean a viewing area designed for single occupancy; or

5.

Any person has been convicted of a sex-related offense as a result of his or her activity on the premises of the sexually oriented business.

C.

Revocation notice. Upon determining that the grounds for permit revocation exist, the Director of Community Development shall furnish written notice of the proposed revocation to the permittee. Such notice shall summarize the principal reasons for the proposed revocation, shall state that the permittee must request a public hearing within 15 calendar days of the postmarked date on the notice, and shall be delivered both by posting the notice at the location of the sexually oriented business and by sending the same, certified mail, return receipt requested and postage prepaid, addressed to the permittee as that name and address appears on the permit. Within 15 calendar days after the latter of the mailing or posting of the notice, the permittee may file a request for public hearing with the City Clerk. If the request for a public hearing is filed within 15 calendar days of the mailing or posting of the notice referenced above, the hearing shall be provided as contained in Subsection D below.

D.

Revocation hearing. Upon receipt of a written request for a public hearing, the Director of Community Development shall appoint a hearing officer, who shall conduct a hearing within 30 calendar days of receipt of such request. Notice of the public hearing shall be in accordance with Chapter 2-23 of this zoning ordinance. Notice of the time and place of the hearing shall be sent to the permittee via certified mail, return receipt requested and postage prepaid, at least 15 calendar days in advance of the date set for the public hearing. At the public hearing, the permittee and the City shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The public hearing officer shall not be bound by the traditional rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the hearing officer.

E.

Ruling. Within 10 calendar days of the termination of the hearing, the hearing officer shall make a decision on whether the grounds for revocation exist and shall submit a written report to the Director of Community Development. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the Director on whether the permit is to be revoked. All such reports shall be filed with the City Clerk, and shall be considered public records. A copy of such report shall be forwarded by certified mail, return receipt requested and postage prepaid, to the permittee on the day it is filed with the City Clerk. If the hearing officer determines that any grounds for revocation exist, as provided in Subsection B above, the Director of Community Development, based upon the report of the hearing officer, or if no hearing is conducted, based upon the report of the City staff, shall immediately revoke the permittee's sexually oriented business permit. The decision of the hearing officer shall be final.

F.

Maintenance of status quo. The status quo shall be maintained pending conclusion of the revocation hearing. If a judicial action is commenced challenging the revocation, the status quo shall be maintained until such time as a judicial decision is rendered from the court in which the action is filed.

(Code 1976, § V.E-220.9; Ord. No. 92-22, § 3, 12-8-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 99-04, § 17, 2-9-99)

A.

Every person, whether acting as an individual owner, employee of the owner, permittee, or operator or employee of the permittee, or whether acting as a mere helper for the owner, permittee, employer, or operator, or whether acting as a participant or worker in any way, who operates or conducts an activity referred to in this chapter without first obtaining a sexually oriented business permit from the City, or who violates any provisions of this chapter, shall be guilty of a misdemeanor.

B.

Any establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance; and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such sexually oriented business and restrain and enjoin any person from operation, conducting or maintaining such an establishment contrary to the provisions of this chapter.

(Code 1976, § V.E-220.10; Ord. No. 92-22, § 3, 12-8-92; Ord. No. 94-7, § 3, 6-14-94)

A.

The intent of the sign permit requirement is to ensure that all proposed signs meet the criteria and intent of this division as well as the specifications of any applicable sign program.

B.

A sign permit shall be required prior to placing, erecting, moving, reconstructing, changing copy on, altering, or displaying any sign in the City unless such sign is specifically exempted from permit requirements by Chapter 2-31 or Section 7-3-1.L. A sign permit is also required for installation of signs approved through a sign program.

(Code 1976, § V.E-221.1; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

Persons eligible. The property owner or authorized agent of the property owner, the City Council, the Planning Commission and the Director of Community Development are eligible to request approval of a sign permit.

B.

The information listed below is required at the time a sign permit application is submitted to the Community Development Department:

1.

A complete building and/or electrical permit application (if applicable) signed by the property owner or its authorized representative.

2.

A nonrefundable deposit or fee as set forth by an ordinance or resolution of the City Council.

3.

Plans, fully dimensioned and drawn to scale, to include the following:

a.

Sign details indicating sign area, dimensions, colors, materials, letter style, proposed copy, letter height, and method of illumination for each sign.

b.

Site plan indicating the location of all existing and proposed signs with sign area, dimensions, colors, materials, letter style, proposed copy, letter height, and method of illumination.

c.

Building elevation with proposed signs depicted.

d.

Signs containing foreign language text shall include an English language translation as part of the application.

4.

Any sign that requires an electrical building permit shall utilize only approved electrical components which are properly listed and tested by an acceptable testing agency and approved by the City's Building Official or a designated representative.

5.

An agreement secured by a cash bond, or other form of security approved by the Director of Community Development for temporary signs if required by Section 7-3-3 (general sign regulations matrix, temporary signs, remarks).

(Code 1976, § V.E-221.2; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A sign permit shall be reviewed and approved by the Director of Community Development provided that the proposed sign is consistent with the intent and provisions of this division and the provisions of any approved sign program. Review of the permit shall include consideration of size, color, design, copy, material, illumination and location of any proposed sign.

(Code 1976, § V.E-221.3; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

All signs for which a permit under this chapter is required must be maintained in a state of security, safety and good repair as originally approved by the permit. Failure to so maintain an approved sign will result in termination or revocation of the sign permit. Failure to remove signs within 10 days after termination or notice of revocation will result in the removal of the sign by the City according to the procedures set forth in Section 7-2-9 and Chapter 2-10.

(Code 1976, § V.E-221.4; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

The intent of a sign program is to ensure that all signs on-site are in harmony with other on-site signs, buildings, and surrounding development.

B.

When any of the following circumstances exist, a sign program shall be required in accordance with this chapter:

1.

Whenever signs are proposed for a site with two or more property owners.

2.

Whenever a request for administrative relief from the terms of Division 7 is submitted.

3.

Whenever signs are proposed in a residential village for a site containing a retail, office, or warehouse related use.

4.

Whenever the use of exposed neon (including gaseous light and fiber optic tubing) is proposed at any location in a residential village.

5.

Whenever any of the following types of signs are proposed: icon sign, village identification sign, attraction board sign, super graphic, decorative construction fence, electronic message center, or private development sign is proposed in the Jeffrey Open Space Spine.

C.

All signs approved through a sign program shall require a sign permit (except for signs exempt from permits in accordance with Section 7-3-1.L).

D.

Sign programs for sites with a single property owner not subject to any of the above requirements are optional at the discretion of the property owner.

(Code 1976, § V.E-222.1; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 13—16, 6-22-93; Ord. No. 94-5, § 3, 5-24-94; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 01-17, § 3, 10-9-01)

A.

Persons eligible. The property owner or authorized agent of the property owner or the City Council are eligible to submit an application for a sign program.

B.

The information listed below is required at the time a sign program application is submitted to the Community Development Department:

1.

A complete development case application signed by the property owner or its authorized representative.

2.

A deposit or fee as set forth by ordinance or resolution of the City Council.

3.

A letter of justification describing the proposed sign program and explaining how the proposed project will satisfy the findings in Section 2-31-3.

4.

Plans that include the following:

a.

Sign details indicating maximum sign area, maximum sign size, maximum sign height, maximum character size, maximum letter height, location, if any, of exposed neon, and method of illumination.

b.

Site plan indicating the general location of all existing signs and proposed sign types requiring a sign permit.

c.

Building elevations indicating the general location of existing signs and proposed sign types requiring a sign permit.

5.

Other information as required by the Director of Community Development or as stated on the sign program information sheet.

(Code 1976, § V.E-222.2; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 13—16, 6-22-93; Ord. No. 94-5, § 3, 5-24-94; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 97-05, 5-13-97; Ord. No. 01-17, § 4, 10-9-01)

A.

The proposed sign program satisfies the intent of this division.

B.

The proposed signs enhance the development, and are in harmony with and visually related to other signs in the sign program, the building and/or development they identify and the surrounding development.

C.

The proposed sign program shall not adversely affect surrounding land uses or obscure adjacent signs.

D.

The proposed sign program criteria shall be sufficiently comprehensive and flexible to accommodate changes in building tenants and their sign needs.

E.

The proposed sign program will comply with all the regulations of this division except where administrative relief has been requested in which case additional findings must be made per Chapter 2-2.

(Code 1976, § V.E-222.4; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 13—16, 6-22-93; Ord. No. 94-5, § 3, 5-24-94; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 01-17, § 4, 10-9-01)

Editor's note— Ord. No. 01-17, § 4, adopted October 9, 2001, amended the Code by repealing former § 2-31-3, and renumbering former §§ 2-31-4, 2-31-5, and 2-31-7—2-31-9 as new §§ 2-31-3—2-31-7. Former § 2-31-6 was reserved. Former § 2-31-3 pertained to administrative relief, and derived from the Code of 1976, § V.E-222.3; Ord. No. 92-3, adopted April 14, 1992; Ord. No. 93-9, adopted June 22, 1993; Ord. No. 94-5, adopted May 24, 1994; and Ord. No. 94-7, adopted June 14, 1994.

A.

A sign program for a site with a single property owner per Section 2-31-1.D, shall be reviewed by the Director of Community Development when the program is in compliance with all sign ordinance standards and no sign types require review by the Zoning Administrator or Planning Commission. A sign program for lightbulb strings located in a nonresidential village, a super graphic sign located in a nonresidential village, and decorative construction fence located anywhere in the City may be reviewed and approved by the Director of Community Development. However, the Director of Community Development may refer any sign program application for a decorative construction fence or super graphic to the Zoning Administrator. Refer to Section 7-2-1.

B.

A sign program shall be reviewed by the Zoning Administrator when the program contains a sign for a site with two or more property owners, a sign containing lightbulb strings or super graphics in a residential village, when signs are proposed for a site in a residential village containing a retail, office or warehouse related. Requests for administrative relief from the terms of Division 7 shall be reviewed by the Zoning Administrator unless Planning Commission review of the sign type is required. Refer to Section 7-2-1. In the event administrative relief is requested with a sign program, the request shall be considered in conjunction with the sign program application by the Zoning Administrator.

C.

A sign program shall be reviewed by the Planning Commission when it contains an icon sign, village identification sign, attraction board sign, electronic message center sign, private development project sign is proposed in the Jeffrey Open Space Spine, or when the use of exposed neon is proposed in a residential village. Refer to Section 7-2-1. In the event administrative relief is requested with a sign program, the request shall be considered in conjunction with the sign program application by the Planning Commission.

D.

The approval body shall have the authority to approve, deny or conditionally approve a sign program by resolution (if reviewed by the Zoning Administrator or Planning Commission), or by a letter (if reviewed by the Director of Community Development), based on the findings in Section 2-31-3. The approved sign program will serve as the sign regulations for the respective site and will supersede regulations of this division for the site.

(Code 1976, § V.E-222.5; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 13—16, 6-22-93; Ord. No. 94-5, § 3, 5-24-94; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 01-17, § 4, 10-9-01)

Note— Former § 2-31-5. See editor's note, § 2-31-3.

Any modification or revision to a sign program shall require the submittal of a sign program application in accordance with all requirements of this chapter. Any modification or revision to a sign program shall be approved by the Director of Community Development unless administrative relief is requested. The Director of Community Development may request that any sign program modification application be reviewed by the Zoning Administrator.

(Code 1976, § V.E-222.6; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 13—16, 6-22-93; Ord. No. 94-5, § 3, 5-24-94; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 01-17, § 4, 10-9-01)

Note— Former § 2-31-7. See editor's note, § 2-31-3.

A decision of either the Director of Community Development or the Zoning Administrator may be appealed to the Planning Commission. A decision of the Planning Commission may be appealed to the City Council, in accordance with Chapter 2-5.

(Code 1976, § V.E-222.7; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 13—16, 6-22-93; Ord. No. 94-5, § 3, 5-24-94; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 01-17, § 4, 10-9-01)

Note— Former § 2-31-8. See editor's note, § 2-31-3.

See Section 7-2-9 of the sign ordinance for further information.

(Code 1976, § V.E-222.8; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 13—16, 6-22-93; Ord. No. 94-5, § 3, 5-24-94; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 01-17, § 4, 10-9-01)

Note— Former § 2-31-9. See editor's note, § 2-31-3.

A.

This chapter is intended to establish appropriate guidelines and development standards to ensure that all small collection facilities are reviewed and processed in a consistent manner.

B.

These regulations shall be applicable to small collection facilities as defined in Section 1-2-1.

C.

All other types of collection (recycling) facilities as defined in Section 1-2-1 shall be subject to the provisions of the City of Irvine zoning ordinance.

(Code 1976, § V.E-223.1; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A.

All small collection facilities, as noted below, shall be conditionally permitted in zoning districts as identified in Section 3-3-1 (Land use matrix).

Small collection facility type:

1.

Mobile unit.

2.

Group of seven or more reverse vending machine (RVM) units.

3.

Kiosk type.

4.

Unattended containers.

B

Recycling centers shall not be permitted in residential districts, except if they are part of a curbside recycling program approved by the City of Irvine. All nonprofit, volunteer and curbside recycling programs that are approved by the City shall be exempt from the provisions of this ordinance.

C.

Any recycling facility that does not fall within the definition of a "small collection facility" will be considered a "large collection facility" as defined in the City of Irvine zoning ordinance (Section 1-2-1) and shall be reviewed pursuant to all applicable provisions as stated in the zoning ordinance.

(Code 1976, § V.E-223.2; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A conditional use permit is required for all small collection facilities. See Chapter 2-9 (Conditional Use Permit Procedure) for processing and application requirements.

(Code 1976, § V.E-223.3; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

The following are design standards for various types of small collection facilities to ensure that these facilities do not adversely impact the sites where they are located or adjacent developments.

A.

Location. Small collection facilities may be located within the parking lot of an approved commercial or industrial use. All previously approved or required drive aisles and vehicular circulation areas and access drives shall be maintained clear and unobstructed at all times. Grouping of reverse vending machines shall not be located in such a way that they pose a hazard to pedestrian circulation or safety. Small collection facilities shall not be located within any required or existing landscape area.

B.

Maximum number allowed.

1.

The number of small collection facilities on a commercial development site shall be limited to one facility to be located in the parking lot and one grouping of reverse vending machines to be located as specified in this chapter.

2.

On industrial development sites, the number of recycling facilities shall be limited to one small facility located in the parking lot.

C.

Setbacks.

1.

Setbacks for small collection facilities shall comply with all setback requirements set forth in the zoning district where the facility is to be located.

2.

No facility shall be located within 100 feet of residential development or residential districts.

D.

Parking.

1.

Small collection facilities that are located within the parking lot of an existing developed site shall not cause a deficiency in parking as defined in Division 4 (Parking).

2.

For attended recycling centers, one parking space shall be provided for each attendant on duty.

E.

Landscaping. No additional landscaping shall be required for small collection facilities that are located within an approved development.

F.

Signs.

1.

Small collection facility signs shall be compatible with the signage design of the development within which the facility is located;

2.

Grouping of reverse vending machine signs shall be limited to signage incorporated into the design of individual machines by manufacturers whereby sign size shall be proportional to the size of the machine;

3.

Signs shall be located on the surface of the recycling unit;

4.

Signs shall not be illuminated;

5.

Signs shall be proportionate to the size of the unit for each elevation upon which signs are mounted, exclusive of operating instructions;

6.

Signs shall be placed on a maximum of two opposite elevations;

7.

Signs shall not exceed the height of the recycling unit;

8.

Signs shall be installed and maintained per the requirements of the City's sign ordinance; and

9.

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

G.

Exterior design. The recycling unit shall be aesthetically attractive and in harmony with the design character of the development within which it is located.

H.

Storage and maintenance of materials. All recyclable materials shall be stored in containers or in the mobile recycling unit vehicle at all times. The area around the small collection facility shall be clean and maintained free of litter.

I.

Household hazardous materials. Used motor oil may be accepted at recycling centers located in General Industrial districts subject to the approval of the Orange County Health Care Agency and the California Environmental Protection Agency, Department of Toxic Substances Control.

J.

Hours of operation. The hours of operation for small collection facilities shall be limited to the operating hours of the primary use located on the project site.

(Code 1976, § V.E-223.4; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

The Zoning Administrator shall approve, deny or conditionally approve the small collection facility by resolution based on the findings set forth in Section 2-32-8.

(Code 1976, § V.E-223.5; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A.

The Zoning Administrator shall hold at least one public hearing.

B.

See Chapter 2-23 (Public Meeting, Hearing and Notice Procedure) for further information.

(Code 1976, § V.E-223.6; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

See the conditional use permit findings in Section 2-9-7 of this ordinance.

(Code 1976, § V.E-223.7; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

See the appeal procedure in Chapter 2-5 of this ordinance.

(Code 1976, § V.E-223.8; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

Failure to comply with any small collection facility condition is a violation of this zoning ordinance subject to the enforcement and revocation procedures as prescribed in Chapter 2-10. Any small collection facility approved in accordance with the terms of this zoning ordinance may be revoked upon failure to comply with any of the conditions or terms of the approved small collection facility, or if any law or ordinance is violated in connection with the project approval.

(Code 1976, § V.E-223.9; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

The intent of an urgency interim ordinance is to prohibit any uses which may conflict with a proposed General Plan amendment or zoning proposal which the City Council, the Planning Commission, or the Director of Community Development intends to study, initiate, or approve within a reasonable time.

(Code 1976, § V.E-225.1; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-25, §§ 1—3, 12-12-95)

The City Council may adopt an urgency interim ordinance whenever the City Council finds the public health, safety, or welfare is endangered because the acceptance of applications for processing and the issuance of land use and development approvals (which include, but are not limited to, approvals of subdivisions, use permits, variances, grading permits, and building permits) may conflict with any proposed General Plan, specific plan or zoning amendments that the City intends to study, initiate or approve.

(Code 1976, § V.E-225.2; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-25, §§ 1—3, 12-12-95)

The City Council shall be the final approval body for an urgency interim ordinance. No review by the Planning Commission or other advisory bodies is required.

(Code 1976, § V.E-225.3; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-25, §§ 1—3, 12-12-95)

A.

Initial adoption. The City Council shall hold one or more open meetings prior to approving an urgency interim ordinance. An urgency interim ordinance shall only be adopted by at least a four-fifths affirmative vote of the City Council. The City need not follow the procedure required for the adoption of zoning ordinances when initially adopting an urgency interim zoning ordinance when doing so may undermine the effectiveness of the ordinance.

B.

Extension. The City Council shall hold at least one public hearing prior to approving the extension of an urgency interim ordinance. An urgency interim ordinance may only be extended by at least a four-fifths affirmative vote of the City Council. Notice of the hearing shall be placed in a newspaper of general circulation within the City of Irvine at least 10 days prior to the hearing date.

(Code 1976, § V.E-225.4; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-25, §§ 1—3, 12-12-95)

Any action taken by the City Council on an urgency interim ordinance shall be final.

(Code 1976, § V.E-225.5; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-25, §§ 1—3, 12-12-95)

The urgency interim ordinance shall become effective immediately following approval of the urgency interim ordinance by the City Council.

A.

Initial adoption. The urgency interim ordinance shall become effective immediately following the approval of the urgency interim ordinance by the City Council. Upon initial adoption, the urgency interim ordinance shall remain in effect for a period of not longer than 45 days.

B.

Extension. An urgency interim ordinance may be extended by a four-fifths vote, for 10 months and 15 days and subsequently extended for one year, with no additional extensions being allowed. Alternatively, the City Council may, by a four-fifths vote, approve a single extension of the urgency interim ordinance for a period of 22 months and 15 days.

(Code 1976, § V.E-225.6; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-25, §§ 1—3, 12-12-95)

A.

A use determination is intended to recognize the fact that zoning regulations relating to land use do not address every conceivable use that may be permitted, conditionally permitted, or prohibited within a given district.

B.

The use determination procedure allows consideration of land use proposals not specifically permitted or prohibited in a district, but which may be appropriate uses given their similarity to other permitted or conditionally permitted uses. The determination of similarity is generally based on such criteria as function and impacts.

C.

A use determination is not intended to be used and shall not be used in lieu of a zone change or to add new uses to a land use matrix or table(s).

(Code 1976, § V.E-226.1; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A use determination shall be required when a land use is proposed that is not specifically listed in Section 3-3-1, and a proposed use is not clearly or obviously synonymous with a listed use.

(Code 1976, § V.E-226.2; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A.

Persons eligible. Any person may submit a use determination application.

B.

The information listed below is required at the time a use determination application is submitted to the Community Development Department:

1.

A nonrefundable fee as required by ordinance or resolution of the City Council.

2.

A written request for a use determination shall be directed to the Director of Community Development. The letter shall include the following:

a.

Detailed description of the existing and/or proposed use;

b.

Location of the proposed use, including building address, if available;

c.

Size of operation in gross square feet or acres;

d.

Number of employees;

e.

Hours of operation;

f.

Types of use(s) proposed; and

g.

Use, manufacture, or generation of any hazardous materials and/or waste.

3.

Information as required by the City of Irvine use determination information sheet.

If an item listed above cannot be provided by an applicant, the written request should explain why the missing information is unavailable.

(Code 1976, § V.E-226.3; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 97-05, 5-13-97)

The use determination shall be made in writing by the Director of Community Development, or designee. However, at the discretion of the Director of Community Development, a use determination can be referred to the Zoning Administrator for determination.

(Code 1976, § V.E-226.4; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 05-16, § 2, 7-12-05; Ord. No. 12-09, § 3(Exh. A), 5-22-12)

A.

A decision of the Director of Community Development or Zoning Administrator with respect to use determination application may be appealed within 15 calendar days of the decision in accordance with Chapter 2-5.

B.

See Chapter 2-5 for information on appealing Zoning Administrator or Planning Commission decisions.

(Code 1976, § V.E-226.5; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 05-16, § 2, 7-12-05; Ord. No. 18-05, Exh. A, 4-24-18)

A use determination shall become effective on the date the Director of Community Development or designee, Zoning Administrator or Planning Commission renders a written opinion. In the event that a decision is appealed, it shall become effective on the date of the decision of the highest appeal body to hear the case.

(Code 1976, § V.E-226.6; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 12-09, § 3(Exh. A), 5-22-12)

This chapter establishes application and permitting requirements for certain specific small utility facilities.

(Ord. No. 19-06, § 6(Exh. A), 5-14-19)

Prior to the construction or installation of any small utility facility, including modifications, the applicant shall obtain a small utility facility permit pursuant to the procedures, requirements and restrictions of this chapter.

(Ord. No. 19-06, § 6(Exh. A), 5-14-19)

A.

A Community Development Department designee shall be the final approval body for any small utility facility within the City.

B.

The Community Development Department designee shall only approve a small utility facility permit if it is able to make the findings found in Section 2-36-6 of this chapter.

Should the Community Development Department designee approve a small utility facility permit, its approval shall include a condition that the applicant and project comply with the requirements of Section 3-40-2 (Objective Standards) and Section 3-40-3 (Objective Concealment Standards) on an ongoing basis, which will act as conditions of approval of the facility.

(Ord. No. 19-06, § 6(Exh. A), 5-14-19)

A.

The decision of a Community Development Department designee, shall be considered a final decision for the purpose of any subsequent judicial review.

B.

Any member of the Planning Commission may request that an application for a small utility facility be called up for review by the Planning Commission prior to a Community Development Department designee decision.

C.

In addition to any other recourse allowed by law, an applicant may appeal a decision of the Community Development Department to deny a small utility facility permit request. In such case, the appeal shall go before the Planning Commission for review and action in accordance with the appeal procedures set forth in Chapter 2-5.

D.

A decision of the Planning Commission, whether the result of a call-up pursuant to Section 2-36-4(B) or an appeal under Section 2-36-4(C) will be final for all purposes.

E.

Public notice of an appeal or call-up hearing shall be given in accordance with the public hearing procedures set forth in Chapter 2-23.

(Ord. No. 19-06, § 6(Exh. A), 5-14-19)

A.

Before submitting an application, all new applicants are advised and strongly urged to participate in a wholly voluntary pre-application meeting with appropriate staff, scheduled in advance. The meeting will cover all City of Irvine application and approval processes and requirements, thereby providing a path for more streamlined review once applications are submitted. Failure to participate in a pre-application meeting may result in reasonable delays in the processing of an application.

B.

All applications for small utility facility permits shall be processed as a building permit and shall include the information below:

1.

A complete development case application signed by the owner of the structure, the structure to be replaced, or the underlying property.

2.

Detailed plans showing and describing the layout and design of the proposed project, including a depiction of the boundaries of the site on which the project will be developed.

3.

An alternative site analysis assessing the potential of adjacent properties/locations.

4.

A completed Small Utility Facilities Permit Checklist, and all of the associated materials included on the checklist, which is available from the Community Development Department or its website.

5.

Documentation that the facility will comply with all federal and state regulations and guidelines, including (where applicable) FCC regulations and guidelines.

6.

A deposit or fee as required for processing of the associated building permit as outlined in the City's fee schedule.

7.

When submitting a Batch Small Utility Facility Application consisting of multiple facilities, the applicant shall submit a separate development case application, checklist and questionnaire for each facility that is a part of the application.

(Ord. No. 19-06, § 6(Exh. A), 5-14-19)

A.

Prior to issuance of a small utility facility permit pursuant to this chapter, the following findings shall be made to the satisfaction of the Community Development Department designee:

1.

A complete application has been submitted.

2.

The proposed small utility facility meets all the requirements set forth in Section 3-40-2 (Objective Standards).

3.

The proposed small utility facility meets all the requirements set forth in Section 3-40-3 (Objective Concealment Standards).

4.

The proposed small utility facility is not detrimental to the public health and/or safety, and will not otherwise create unsightly or out-of-character aesthetic impacts.

5.

The proposed small utility facility is proposed to function in compliance with all applicable federal and state regulations, including (where applicable) regulations of the Federal Communications Commission.

B.

If the approval authority cannot make the required findings, it shall deny the permit with a written explanation as to why any such finding could not be made.

(Ord. No. 19-06, § 6(Exh. A), 5-14-19)

Notwithstanding any other provision of this chapter to the contrary, an applicant may request an exemption to excuse it from having to comply with this chapter on the grounds that the requirement or action taken by the City would violate state or federal law. The City shall grant the exemption or excuse an applicant from compliance with all or a portion of this chapter, if it finds based on substantial evidence in the record that the challenged requirement or action is preempted by state or federal law.

(Ord. No. 19-06, § 6(Exh. A), 5-14-19)

The City reserves the right to reconsider the permit at the end of a ten year time period from the date of the original permit approval. Reconsideration items to be reviewed may include, but are not limited to, conformance with all objective standards, conformance with the objective concealment standards, operation of applicable radio frequency standards and regulations (as they may be amended from time to time), and compliance with the City's noise ordinance.

(Ord. No. 19-06, § 6(Exh. A), 5-14-19)

Within 30 days of terminating the operation of any facility approved under this section, for any reason, including, but not limited to, inoperable equipment, abandonment or technical obsolescence, the applicant shall notify the City of such termination. Said notification shall be in writing, shall specify the date of termination and shall include reference to the applicable permit number. At the applicant's sole expense and responsibility, all component elements of a terminated wireless communication facility shall be removed in accordance with applicable health and safety requirements and the site restored to its condition prior to the installation of the facility within 90 days from the date the use of the facility is terminated.

At any time after 90 days of discontinued use and/or operation of a small utility facility, the City may remove the facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as is appropriate to be in compliance with applicable code. The City may, but shall not be required to, store the small utility facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the small utility facility, shall be jointly liable for the entire cost of such removal, repair, restoration, and storage, and shall remit payment to the City promptly after demand therefore is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City.

(Ord. No. 19-06, § 6(Exh. A), 5-14-19)

Variances from the terms of this zoning ordinance shall be granted only when, because of special circumstances applicable to the property, such as size, shape, topography, location or surroundings, the strict application of this zoning ordinance deprives property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. Any variance granted is subject to findings to ensure that the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and in the same land use category as the subject property. In reviewing a variance application, consideration may be given to previously approved and lawfully constructed buildings or sites that do not conform to current development standards. The power to grant variances does not extend to use regulations per State law. Variances for development located in the coastal zone (see Figure 2-7) are subject to special requirements for hearings and appeals, as set forth in Chapter 2-7.

(Code 1976, § V.E-227.1; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 3—5, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A variance is required when any deviation, including reduction of the number of parking spaces (see Chapter 2-2 and Chapter 4-7), from the development standards of a zoning district is proposed (excluding deviations in building height, see Section 3-9-1.B) and the zoning ordinance does not provide for administrative relief from the standard involved. As provided in Section 3-9-1.B, deviations from maximum building height are subject to approval of a conditional use permit by the Planning Commission. A variance may be processed in conjunction with other discretionary permits or may be required prior to issuance of a building permit. In the event that the findings in Section 2-37-7 cannot be made, there is no allowable deviation from the standard except through a zone change.

(Code 1976, § V.E-227.2; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 3—5, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 97-05, 5-13-97)

A.

Persons eligible. The property owner or authorized agent of the property owner may request a variance.

B.

The information listed below is required at the time a variance application is submitted to the Community Development Department:

1.

A complete development case application signed by the property owner or its authorized representative.

2.

Plans as required by the Director of Community Development.

3.

A deposit or fee as set forth by ordinance or resolution of the City Council.

4.

A letter of justification describing the proposed project and explaining how it will satisfy the findings in Section 2-37-7.

5.

Information required for public meetings and hearings, determined by the Director of Community Development (see Chapter 2-23).

6.

Information as required by the City of Irvine variance information sheet.

7.

Other information as required by the Director of Community Development.

(Code 1976, § V.E-227.3; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 3—5, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

The Zoning Administrator shall be the approval body for all variance cases, except when the application has been called up for review and action, prior to posting of the public notice, by a member of the Planning Commission. If the variance is accompanied by an application for an additional development case, such as a conditional use permit or a Master Plan, and the development case is to be acted upon by the Planning Commission, both the variance and development case shall be acted upon by the Planning Commission.

(Code 1976, § V.E-227.4; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 3—5, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 97-05, 5-13-97)

The approval body shall hold at least one public hearing on all variance applications in accordance with Chapter 2-23. The approval body shall by resolution approve, conditionally approve or deny, or approve in modified form, the variance request, based on the findings in Section 2-37-7 below.

(Code 1976, § V.E-227.5; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 3—5, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

In order for the Zoning Administrator or Planning Commission to approve a variance, it shall find that:

A.

The strict application of this zoning ordinance deprives the property of privileges enjoyed by other properties in the vicinity and in an identical zoning district because of special circumstances applicable to the property, such as size, shape, topography, location or surroundings.

B.

The granting of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the same zoning district.

C.

The granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity.

D.

If located within the coastal zone, the granting of the variance will not adversely affect access to or along a shoreline, including physical, visual and psychological qualities of access, and will carry out the local coastal programs.

(Code 1976, § V.E-227.6; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 3—5, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 97-05, 5-13-97)

A decision of the Zoning Administrator may be appealed to the Planning Commission, and a decision of the Planning Commission approving, denying, or approving in modified form may be appealed to the City Council, within 15 calendar days of the decision in accordance with Chapter 2-5 (Appeal Procedure). The City Council's decision shall take effect immediately.

(Code 1976, § V.E-227.7; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 3—5, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 18-05, Exh. A, 4-24-18)

A.

Zoning Administrator or Planning Commission action on a variance shall become effective 15 calendar days after the date of the Zoning Administrator's or the Planning Commission's decision unless appealed to the City Council.

B.

A variance shall expire and become void three years following the date of validity on which it becomes effective unless:

1.

A building permit is issued for the site and construction is commenced and diligently pursued toward completion; or

2.

A permit is issued authorizing occupancy of the site or structure; or

3.

The site is occupied if no building permit or certificate of occupancy is required.

C.

When a variance is due to expire, the Director of Community Development shall have the authority to extend the variance for one additional three-year period. The landowner must request an extension in writing at least 30 days prior to the expiration date, must provide a deposit or fee as set forth by ordinance or resolution of the City Council and must provide a letter of justification explaining how the following findings can be made:

1.

All elements of the variance are consistent with the City's original findings.

2.

All circumstances of the project are substantially the same as when the variance was originally approved.

The Director of Community Development shall approve or deny the extension based upon his or her concurrence with and verification of the above findings. Subsequent extensions shall require the filing of a new variance application. A decision by the Director of Community Development may be appealed to the Planning Commission using the same procedure as that specified in Section 2-37-8.

(Code 1976, § V.E-227.8; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 3—5, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

Failure to comply with any variance condition is a violation of this zoning ordinance subject to the enforcement and revocation procedures as prescribed and set forth in Chapter 2-10. Any variance may be revoked upon failure to comply with any of the conditions or terms of approval or if any law or ordinance is violated in connection with the variance approval.

(Code 1976, § V.E-227.9; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 3—5, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

The purpose of this section is to establish a process that balances the need for Irvine residents to access wireless communications, the general welfare of Irvine residents, and the requirements of State and federal law, to guide applicants for wireless communication facilities in the City of Irvine with respect to the City requirements.

To facilitate the above stated intent, the procedures described in this chapter are intended to function in combination with the development standards established in Chapter 3-8, Wireless Communication Facility, Satellite Dish and Antenna Standards, to ensure all wireless communication facilities are appropriately located, designed and maintained to protect the public health, safety, and welfare, while minimizing their adverse visual and environmental effects.

(Ord. No. 05-13, § 4, 7-12-05)

Prior to the construction of any wireless communication facility, the applicant shall obtain a wireless communication facility permit (WCFP). As specified in Section 2-37.5-3, a minor or major conditional use permit shall also be required, depending on the location of the proposed site and the class of antenna. A conditional use permit application is to be heard by the Zoning Administrator or the Planning Commission as indicated in Section 2-37.5-3. The Zoning Administrator reviews minor conditional use permits and the Planning Commission reviews major conditional use permits.

When both a wireless communication facility permit and conditional use permit are required for a proposed wireless communication facility, the submittal of a wireless communication facility permit application may be waived by the Director of Community Development, provided the conditional use permit includes all of the information that would be required for a wireless communication facility permit. If the wireless communication facility permit is waived, the application shall be reviewed pursuant to the applicable conditional use permit standards.

(Ord. No. 05-13, § 4, 7-12-05)

Applications for a wireless communication facility requiring either a wireless communication facility permit or a conditional use permit shall be subject to the following review procedures as determined by the classification of the antenna installation and the location of the installation site as indicated in the table below:

Review Procedure Matrix

WCFP - Wireless communication facility permit (administrative, staff-level review).

ZA - Minor conditional use permit reviewed by the Zoning Administrator.

PC - Major conditional use permit reviewed by the Planning Commission.

X - Not Permitted.

a.

At the discretion of the Director of Community Development, any WCFP application may be forwarded to the Zoning Administrator for review and action.

b.

At the discretion of the Zoning Administrator, any minor conditional use permit for a wireless communication facility may be forwarded to the Planning Commission for review and action.

c.

For any application located within a public park or public trail easement, the Community Services Commission shall review the application in accordance with the Community Services Wireless Communications Policy and make a recommendation on the application prior to any action by the Director of Community Development on a wireless communication facility permit and prior to any action by the Zoning Administrator or the Planning Commission on a required conditional use permit.

d.

Any application for a wireless communication facility that proposes to exceed the height limit of the applicable zoning district by greater than ten feet shall be elevated to the next level of review. Pursuant to this provision, an application that is otherwise subject to wireless communication facility permit review standards would become subject to a minor conditional use permit level of review and approval by the Zoning Administrator and an application that is otherwise subject to minor conditional use permit review standards subject to Zoning Administrator approval would become subject to a major conditional use permit level of review and approval by the Planning Commission. Colocated installations may exceed the height limit by up to 15 feet without requiring elevation to the next level of review, provided that appropriate technical justification to support the added height is submitted as part of the application.

e.

The review procedure for co-located facilities shall be consistent with the applicable review procedure as identified elsewhere in this table depending on the type of installation and classification of antenna being used for the colocation.

f.

Class 7 antennae shall not be permitted on properties either used or zoned residentially.

g.

The City has a preference for locating Wireless Telecommunications Facilities on feasible open space sites, as opposed to sites within residential areas. For purposes of this section, feasible open space sites are sites located in open space zones that: 1) are not encumbered by deed restrictions or other legal impediments that prohibit the installation of wireless communication facilities; 2) are not restricted by operation of a natural communities conservation plan and/or habitat conservation plan in a manner that prohibits wireless communication facilities; 3) are owned or controlled by an individual or entity that is willing to allow use of the proposed site for a wireless communication facility installation; 4) include existing structures (such as power line towers or an above-ground water storage tank) upon which wireless communication facilities can be mounted; 5) require no new disruptions (i.e., access roads, retaining walls, etc.) that do not primarily serve an open space purpose; and 6) where the proposed wireless communication facilities, including any accessory cabinetry, can be designed, treated, or screened in an aesthetic manner that is in keeping with the surrounding open space.

(Ord. No. 05-13, § 4, 7-12-05; Ord. No. 19-06, § 6(Exh. A), 5-14-19; Ord. No. 24-07, § 3(Exh. A), 5-28-24)

A.

The property owner or authorized agent of the property owner may request a wireless communication facility permit.

B.

Prior to any application for a wireless communication facility permit or conditional use permit for any wireless communication facility located in a public park or easement for a public trail, the applicant shall submit an application for the review and approval by the Director of Community Services and/or the Community Services Commission. As part of this review, the applicant may be required to submit detailed construction drawings and other documents as required by the Director of Community Services. All costs associated with the permit review shall be the responsibility of the applicant.

C.

The information listed below is required at the time a wireless communication facility permit application is submitted to the Community Development Department:

1.

A complete development case application signed by the property owner or its authorized representative.

2.

A deposit or fee as set forth by ordinance or resolution of the City Council.

3.

A letter of justification describing the proposed wireless communication facility and explaining how it will satisfy the findings in Section 2-37.5-5.

4.

Noticing materials for public meetings and hearings as required to provide public notification pursuant to Section 2-37.5-7.

5.

Information as required by the City of Irvine wireless communication facility permit information sheet.

6.

Proof that carrier has not entered into any agreement prohibiting co-location at the proposed site, where co-location is otherwise technically feasible.

7.

An accurate map indicating the proposed site and detailing existing wireless communication facility locations owned and operated by the applicant. Applicant shall disclose plans for all planned facility locations for the next 12 months from the date of application submittal.

8.

If applicable, a description of the communications services, equipment, or facilities that the applicant will offer or make available to the City or other public, educational and governmental institutions.

9.

Engineering certification demonstrating compliance with all existing RF emissions standards. The technical information submitted must also include technical support/analysis to justify the proposed height of the antenna mount.

10.

Alternative site analysis, assessing the feasibility of alternative sites, including the potential for co-location, in the vicinity of the proposed site, as deemed necessary by the City. The analysis should include an explanation of why other sites considered were not selected. In the case of proposed sites that are inside or within 150 feet of any Residential District, the alternative site analysis shall specifically include an evaluation of the availability and feasibility of potential alternative sites located on Open Space District lands within the vicinity of the proposed site.

11.

Alternative configuration analysis, assessing the feasibility of alternative antenna construction configurations, both at the proposed site and in the surrounding vicinity, which would result in a lower Antenna Class installation (i.e., a more visually acceptable antenna), as deemed necessary by the City. This analysis should include an explanation of why other antenna construction configurations were not selected.

12.

A projection of the wireless carrier's anticipated future wireless communication facility siting needs within the City, which information may be used by the City as part of a master planning effort designed to ensure a more planned, integrated and organized approach to wireless communication facility siting as the remaining areas of the City are built out.

13.

Other information as may be required by the Director of Community Development.

(Ord. No. 05-13, § 4, 7-12-05)

A.

For a wireless communication facility requiring a wireless communication facility permit, the Director of Community Development may approve said permit without findings.

B.

For a wireless communication facility requiring either a minor conditional use permit or a major conditional use permit, the Zoning Administrator or Planning Commission may approve the conditional use permit provided that the applicable findings required for a conditional use permit pursuant to Section 2-9-7 and the following findings can be made:

1.

The proposed wireless communication facility is visually compatible with the surrounding neighborhoods.

2.

The proposed wireless communication facility is not detrimental to the public health, safety, or general welfare.

3.

The proposed wireless communication facility is proposed to function in compliance with all applicable regulations of the Federal Communications Commission.

4.

The proposed wireless communication facility complies with the provisions of Chapter 3-8, Wireless Communication Facilities, Satellite Dish and Antenna Standards, as modified by this ordinance.

5.

An alternative site(s) located further from a Residential District or Public Park cannot feasibly fulfill the coverage needs fulfilled by the installation at the proposed site.

6.

An alternative antenna construction plan that would result in a lower "antenna class" category for the proposed facility is not reasonably feasible and desirable under the circumstances.

(Ord. No. 05-13, § 4, 7-12-05)

A.

Wireless communication facility permits. The Director of Community Development shall be the final approval body for any wireless communication facility requiring only a wireless communication facility permit. However, at the Director's discretion, a wireless communication facility permit application may be forwarded to the Zoning Administrator for review and action. For any application located within a public park or public trail easement, the Community Services Commission shall make a recommendation to the Director of Community Development.

B.

Conditional use permit for wireless communication facilities. For any wireless communication facility that requires a conditional use permit, the approval body shall be as designated in Section 2-37.5-3. Other commissions, as deemed appropriate, may act as advisory bodies to the Zoning Administrator or Planning Commission. At the Zoning Administrator's discretion, a minor conditional use permit for any wireless communication facility may be forwarded to the Planning Commission for review and action. For any application located within a public park or public trail easement, the Community Services Commission shall make a recommendation to the Director of Community Development, the Zoning Administrator or the Planning Commission as applicable for the type of permit requested.

(Ord. No. 05-13, § 4, 7-12-05)

A.

A wireless communication facility permit shall not require a public hearing except as may be required for installations located within a public park or public trail easement pursuant to the review process required by the Community Services Commission. If the Director of Community Development forwards a wireless communication facility permit to the Zoning Administrator for review, a public hearing shall be required with public noticing provided as required pursuant to Chapter 2-23.

B.

For applications requiring a minor or major conditional use permit pursuant to Section 2-37.5-3, refer to Chapter 2-23 for noticing requirements of public meeting and hearings.

C.

Commissions other than the Zoning Administrator or Planning Commission may review any proposed conditional use permit for a wireless communication facility as a recommending body as determined necessary by the Director of Community Development. If review by one of these commissions occurs, at least one public hearing shall be held and recommendations shall be prepared for consideration by the appropriate approval body.

D.

The Planning Commission shall hold at least one public hearing, in accordance with Chapter 2-23 of this Zoning Code, and shall adopt a resolution approving, conditionally approving or denying a conditional use permit application request by resolution, based on findings in Section 2-37.5-5.

(Ord. No. 05-13, § 4, 7-12-05; Ord. No. 23-13, § 3(Exh. A), 7-11-23)

The appeal procedure for a wireless communication facility permit or conditional use permit for a wireless communication facility shall be in accordance with Chapter 2-5 of the Zoning Code.

(Ord. No. 05-13, § 4, 7-12-05)

A.

As a condition of approval. The original approval authority may, at its discretion, place a condition on any wireless communication facility permit that requires a reconsideration of the permit by the original approval authority at the end of a specified time period from the date of the original approval. Items to be reviewed may include, but are not limited to, conformance with all conditions of approval, operation of the facility in its intended manner, and conformance with all applicable standards and regulations and updates thereof, particularly RF emissions, toxic and/or hazardous materials.

B.

Modification of wireless communication facility permit or conditional use permit. If modifications are proposed to any wireless communication facility, the applicant shall submit an application for a modification pursuant to Chapter 2-19. If the proposed modification is intended for the sole purpose of accommodating the co-location of a wireless communication facility, such modification shall be considered a minor modification provided that no more than 10 additional feet in height is needed and the maximum building height pursuant to Section 3-9-1.B is not exceeded. If the maximum building height is exceeded, a major modification would be required. If the existing wireless communication facility already exceeds the district height limit, then a request to co-locate a new antenna on that facility, which adds no additional height or does not exceed the maximum building height by more than 15 feet, shall be considered a minor modification. If the existing wireless communication facility already exceeds the district height limit by more than 15 feet or adds height that brings the facility to more than 15 feet over the district height limit, a major modification would be required.

(Ord. No. 05-13, § 4, 7-12-05)

A.

Legal nonconforming facility. Any wireless communication facility that is lawfully constructed, erected, or approved prior to the effective date of this chapter, or for which the application for a conditional use permit is deemed complete prior to the effective date of this section, in compliance with all applicable laws, and which facility does not conform to the requirements of this section shall be accepted and allowed as a legal nonconforming facility if otherwise approved and constructed. Legal nonconforming facilities shall comply at all times with the laws, ordinances, and regulations effect at the time the application was deemed complete, and any applicable federal and State laws as they may be amended or enacted, and shall at all times comply with the conditions of approval. Any legal nonconforming facility that fails to comply with applicable laws, ordinances, regulations, or the conditions of approval may be required to conform to the provisions of this section.

B.

Illegal nonconforming facility. Any wireless communication facility constructed or erected prior to the effective date of this chapter in violation of applicable laws, ordinances, or regulations shall be considered an illegal nonconforming facility and shall be abated as a public nuisance pursuant to Title 4, Division 11 of the City of Irvine Municipal Code.

The City, its Director of Community Development, Zoning Administrator, Planning Commission, and/or City Council shall reserve the right to revoke or modify any permit granted and approved hereunder for any violations of Chapter 3-8 and/or the conditions of approval on such permit.

(Ord. No. 05-13, § 4, 7-12-05)

Within 30 days of terminating the operation of any wireless communication facility for any reason, including inoperable equipment, abandonment or technical obsolescence, the applicant shall notify the City of such termination. Said notification shall be in writing, shall specify the date of termination and shall include reference to the applicable wireless communication facility permit number. At the applicant's sole expense and responsibility, all component elements of a terminated wireless communication facility shall be removed in accordance with applicable health and safety requirements and the site restored to its condition prior to the installation of the facility within 90 days from the date the use of the facility is terminated.

At any time after 90 days of discontinued use and/or operation of a wireless communication facility, the City may remove the facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as is appropriate to be in compliance with applicable code. The City may, but shall not be required to, store the removed wireless communication facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the wireless communication facility, shall be jointly liable for the entire cost of such removal, repair, restoration, and storage, and shall remit payment to the City promptly after demand therefore is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City.

(Ord. No. 05-13, § 4, 7-12-05)

It is the intent and purpose of this section to establish procedures whereby the City may grant an eligible facilities permit for proposed repairs, replacements, or modifications to existing wireless communications facilities that qualify as "eligible facilities requests" within the meaning of 47 U.S.C. Section 1455(a).

(Ord. No. 16-05, § 3(Att. 1), 7-26-16)

Unless specifically exempt by federal or state law, all applications for the installation of wireless communications facilities that constitute "eligible facilities requests" within the meaning of 47 U.S.C. Section 1455(a) require the approval of an Eligible Facilities Permit prior to construction of such eligible facility.

(Ord. No. 16-05, § 3(Att. 1), 7-26-16)

An eligible facilities permit application shall be approved or denied within 60 days of the application submittal date; provided, however, that (1) said period may be tolled by mutual agreement, or (2) if the City finds the application incomplete and advises the applicant in writing that the application is incomplete within 30 days of receipt of the application, then the sixty-day timeframe shall be tolled until such time as the applicant makes a supplemental response to the City's notice of incompleteness. Should the City find the supplemental response lacking, the City shall have ten days to notify the applicant that the supplemental submission is incomplete, and, if such notification is provided, the 60-day time frame shall be tolled again until such time as the applicant makes a further supplemental response.

(Ord. No. 16-05, § 3(Att. 1), 7-26-16)

The Community Development Department designee shall approve an eligible facilities permit.

(Ord. No. 16-05, § 3(Att. 1), 7-26-16)

An applicant may appeal a decision of the Community Development Department to deny an eligible facilities permit request. In such case, the appeal shall go before the Planning Commission for review and action in accordance with the appeal procedures set forth in Chapter 2-5.

Public notice of an appeal hearing shall be given in accordance with the public hearing procedures set forth in Chapter 2-23.

(Ord. No. 16-05, § 3(Att. 1), 7-26-16)

A.

Only the owner of the property on which the eligible support structure is situated or the authorized agent of such a property owner may request an eligible facilities permit.

B.

An eligible facilities permit shall be submitted for processing in conjunction with a building permit application and shall include the information listed below:

1.

A complete development case application signed by the property owner or its authorized representative.

2.

A completed eligible facilities permit checklist, and all of the associated materials listed in the checklist, which is available from the Community Development Department, or its website.

3.

A completed Substantial Change Criteria Questionnaire, which is available from the Community Development Department, or its website.

4.

A deposit or fee as required for processing of the associated building permit.

C.

Eligible facilities permits will not be processed in batches. Each eligible facilities permit for proposed repairs, replacements, or modifications to existing wireless communications facilities shall be processed individually as required by this chapter.

(Ord. No. 16-05, § 3(Att. 1), 7-26-16; Ord. No. 24-15, Exh. A, 9-24-24)

Prior to issuance of an eligible facilities permit pursuant to this chapter, the following findings shall be made to the satisfaction of the Community Development Department designee:

A.

A complete application has been submitted.

B.

The proposed eligible facilities permit qualifies as an eligible facility pursuant to the criteria established in the City's Substantial Change Criteria Questionnaire.

C.

The proposed project meets all the requirements set forth in Section 3-8-5.2 (Objective Standards) and Section 3-8-5.3 (Objective Concealment Standards).

D.

The proposed eligible facilities permit does not defeat any of the concealment elements of the underlying approval and complies with the respective class type concealment measures in Section 3-8-5.3 associated with the attached eligible support structure.

E.

All illegal structures or facilities, or other issues relating to non-compliance with applicable laws and regulations, have been corrected.

(Ord. No. 16-05, § 3(Att. 1), 7-26-16)

Notwithstanding any other provision of this chapter to the contrary, an applicant may request an exemption to excuse it from having to comply with this chapter on the grounds that the requirement or action taken by the City would violate state or federal law. The City shall grant the exemption or excuse an applicant from compliance with all or a portion of this chapter, if it finds based on substantial evidence in the record that the challenged requirement or action is preempted by state or federal law.

(Ord. No. 16-05, § 3(Att. 1), 7-26-16)

A.

The intent of a zone change is to allow for change in the physical form of the City while ensuring that public health, safety and welfare are safeguarded. It provides a mechanism for orderly progression and change in land uses, zoning districts and development standards.

B.

An application for a zone change may be filed concurrently with an application for a concept plan, General Plan amendment, or both, but shall be approved only after the latter applications have been approved. Tentative maps and vesting tentative maps and all other applications in this division (i.e., conditional use permits, park plans, et al.) may be processed concurrently with a zone change, if authorized by the Director of Community Development. Approval of these applications may only occur after the zone change has been approved. The Planning Commission or Subdivision Committee may hear and approve these applications prior to the approval of the related zone change. However, Planning Commission or Subdivision Committee approval shall be contingent upon and consistent with the City Council action taken on the related zone change. Any request for a zone change shall not affect requirements for phased open space dedication procedures established in Division 8.

(Code 1976, § V.E-228.1; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 05-16, § 2, 7-12-05)

A.

A zone change shall be required for any change to the City of Irvine zoning ordinance. Examples of such changes are the following:

1.

Specific or multiple land uses to a zoning district.

2.

Overlay districts.

3.

General development standards land use regulations.

4.

Planning area boundaries.

5.

Special development requirements for a planning area.

B.

Additionally, a zone change shall be required whenever a zoning ordinance amendment is proposed for an entire planning area or portions of a planning area. When portions of a planning area are to be zoned incrementally, the proposed zoning must be in conformance with the approved concept plan. The procedures established in Chapter 2-2 shall apply to changes to a concept plan. At the rezoning, precise boundaries and acreage of all zoning districts will be determined and shown on the City's statistical analysis tables, and zoning maps of the zoning ordinance. Additionally, the General Plan building intensity standards shall be incorporated and allocated to the appropriate zoning districts and precisely identified on the statistical analysis.

(Code 1976, § V.E-228.2; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A.

Persons eligible. The property owner or authorized agent of the property owner, the City Council, the Planning Commission, and the Director of Community Development may initiate a zone change.

B.

The information listed below is required at the time a zone change application is submitted to the Community Development Department:

1.

A complete development case application signed by the property owner or its authorized representative.

2.

A deposit or fee as set forth by ordinance or resolution of the City Council. If a City-initiated project, this requirement does not apply.

3.

A letter of justification describing the proposed changes to the zoning text, if applicable, and explaining how the proposed changes will satisfy the findings required in Section 2-38-7.

4.

A statement establishing the consistency of the proposed zoning with the applicable concept plan and the General Plan. If a concept plan or General Plan amendment is being processed concurrently, the statement shall discuss and establish the consistency of the proposed zone change with the proposed concept plan and/or General Plan amendment.

5.

For a zone change application requesting a change in zoning district, overlay district boundaries or planning area boundaries, the following shall also be submitted at the time a zone change application is filed:

a.

A proposed map drawn to the same scale as the existing zoning maps.

b.

A statistical analysis providing applicable information, such as acreage, maximum dwelling units, and building intensity.

6.

Information required for public meetings and hearings, as determined by the Director of Community Development (see Chapter 2-23).

7.

Information as required by the City of Irvine zone change information sheet.

8.

Other information as required by the Director of Community Development.

(Code 1976, § V.E-228.3; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 05-16, § 2, 7-12-05)

A.

The City Council shall be the final approval body for a zone change, with the Planning Commission, and other commissions as deemed appropriate, acting as advisory bodies.

B

The City Council shall approve, deny, or approve in modified form a zone change by ordinance. In order to fulfill the purposes of this zoning ordinance, the City Council may require reasonable guarantees and evidence that the applicant, or its successors in interest, will satisfy any conditions imposed in connection with approval of the zone change.

(Code 1976, § V.E-228.4; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A.

See Chapter 2-23 for noticing requirements of public meetings and hearings.

B.

The Planning Commission shall hold at least one public hearing on a zone change request and then forward to the City Council its recommendation of approval, denial, or approval in modified form. A recommendation of approval or approval in modified form shall be based on the findings in Section 2-38-7. If deemed appropriate by the Director of Community Development, a review of the application may also be conducted by the Finance, Planning, and Community Services Commissions prior to Council action. These commissions shall prepare recommendations for consideration by the Planning Commission and City Council.

C.

The City Council shall hold at least one public hearing and approve, deny, or approve in modified form the zone change request, by ordinance, based on the findings in Section 2-38-7.

(Code 1976, § V.E-228.5; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 04-03, § 3, 2-24-04)

A.

In order for the City Council to approve of a zone change, the City Council shall find that:

1.

The proposed zone change is consistent with the City of Irvine General Plan.

2.

The proposed zone change is consistent with any applicable concept plan.

3.

The proposed zone change meets all the requirements set forth within Division 8 for the dedication of permanent open space through a specified phased implementation program for affected planning areas and zoning districts.

4.

The proposed zone change is in the best interest of the public health, safety, and welfare of the community.

5.

Based upon information available at the time of approval, adequate sewer and water lines, utilities, sewage treatment capacity, drainage facilities, police protection, fire protection/emergency medical care, vehicular circulation and school facilities will be available to serve the area affected by the proposed zone change when development occurs.

6.

If the proposed zone change affects land located within the coastal zone, the proposed zone change will comply with the provisions of the land use plan of the certified local coastal program.

(Code 1976, § V.E-228.6; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 03-02, § 4, 1-14-03)

The action taken by the City Council on a zone change proposal cannot be appealed.

(Code 1976, § V.E-228.7; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A zone change shall become effective 30 days after the second reading of the ordinance by the City Council.

(Code 1976, § V.E-228.8; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A.

It is the intent and purpose of this section to establish procedures whereby the City may grant a Residential Beekeeping Permit.

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)

A.

A Residential Beekeeping Permit is required for all residential beehives where the Zoning Ordinance identifies "Residential Beekeeping (Accessory Use)" as a permitted use

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)

A.

Persons eligible. The property owner or authorized agent of the property owner is eligible to apply for a residential beekeeping permit with the Community Development Department.

B.

All of the information below must be submitted by an eligible person at the time a residential beekeeping permit application is submitted:

1.

A complete residential beekeeping permit application signed by the property owner or its authorized representative.

2.

Site Plan - City Form 41-10 - identifying the following information:

• Proposed beehive location and existing structures;

• Minimum setbacks of the proposed beehive from all property lines and adjacent streets;

• Property lines, exterior walls/fences, and all easements of record;

• Easements on the property, if any; and

• Surrounding land uses.

3.

Required beehive information and acknowledgements form, which includes all of the following acknowledgements:

a.

Property owner understands that, at any time, an adjoining property resident may submit proof to the City of a medically-certified allergy to the sting of bees, which shall result in the City's initiation of the revocation process of a Residential Beekeeping Permit in accordance with Zoning Ordinance Chapter 2-39.

b.

Property owner understands that the ability to maintain bees on residential property may be subject to Section 4-11-111 - Emergency Abatement - of the Municipal Code if a permit violation exists and/or if any related activity affects the public health and safety of the neighborhood.

c.

A residential beekeeping permit does not override private property restrictions in Covenants, Conditions and Restrictions (CC&Rs) or Homeowners' Association regulations.

d.

Property owner has read and understands the City of Irvine's Best Management Practices (BMPs) Manual.

e.

Property owner certifies that they will maintain bees in a manner that conforms with Chapter 3-41 and the City of Irvine's BMPs Manual.

4.

Proof of notification to adjacent property owners abutting the subject site regarding the submittal of a residential beekeeping permit. Proof of notification shall include the following information:

• Copies of notification letter;

• Neighbors signature acknowledging receipt of letter;

• Contact information (name, email address, and phone number); and

• Property address.

5.

Homeowners' Association acknowledgement and authorization, if applicable.

6.

A deposit or fee as set forth by ordinance or resolution of the City Council.

7.

Proof of completion of a beekeeping course.

8.

Registration with the County of Orange Agricultural Commissioner on the first day of January of ach year or within 30 calendar days of acquiring an apiary consistent with Food and Agricultural Code Sections 29040—29056. The applicant must submit proof of registration to the City prior to final approval and renewal of a residential beekeeping permit.

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)

The Director of Community Development Department, or his or her designee, shall review applications for residential beekeeping permits.

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)

The decision of the Director of Community Development, or his or her designee, with respect to the residential beekeeping permit shall be final unless appealed in accordance with Chapter 2-5 - Appeal Procedure - of the Zoning Ordinance.

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)

A.

A residential beekeeping permit shall expire one year from the date of the final approval of the permit.

B.

The recipient of a residential beekeeping permit shall submit a permit application in accordance with Section 2-39-3 of this chapter to renew the permit. All permit renewals shall be secured prior to the expiration of the previous year's permit.

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)

A.

Subsequent to the approval of an initial residential beekeeping permit, City staff or their designee shall inspect the site to determine that the permit complies with the development standards in Chapter 3-37, Section 3-41 of the Zoning Ordinance.

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)

A.

The Director of Community Development, or his or her designee, is authorized to revoke a residential beekeeping permit if any of the following occurs:

1.

An adjoining property owner (a property touching the subject site) has provided medical proof of a bee sting allergy.

2.

The beehive(s) creates an imminent danger and affects the public health and safety of the community and surrounding area.

3.

The permittee violates any of the conditions or terms of approval or any law or ordinance in connection with the permit approval on three separate occasions within a 12-month period.

B.

Upon determining that the grounds for permit revocation exist, the Director of Community Development shall furnish written notice of the revocation to the permittee. Such notice shall summarize the principal reasons for the revocation, and shall be delivered by first class mail and certified mail, return receipt requested and postage prepaid, addressed to the permittee as the name and address appears on the permit. Upon receipt of such notice, the permittee shall immediately suspend all beekeeping activities including removing all bees from the subject property.

C.

Within 30 calendar days after having served notice of revocation, the Director of Community Development, or his or her designee, shall meet with the permittee, permittee's authorized agent, or permittee's successor. The intent of the meeting shall be to discuss reason(s) for the cited revocation of the permit and ways to remedy the revocation, if possible. If no agreement can be reached, the Director of Community Development, or his or her designee, shall permanently revoke the permit. The decision of the Director shall immediately become effective and final unless an appeal is timely made as provided in Section 2-39-9 of this chapter.

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)

A.

For purposes of this chapter, the appeal procedure set forth in this section applies to only a revocation of a permit and supersedes that contained in Chapter 2-5.

B.

The permittee shall, within 15 calendar days after having been notified of an adverse determination, file a written notice of appeal with the City Clerk.

C.

The written notice of appeal shall be addressed to the Planning Commission and shall specify the subject matter of the appeal, the date of any original and amended applications or requests, the date of the adverse decision (or receipt of notice thereof), the basis of the appeal, the action requested of the Planning Commission, and the name and address of the permittee.

D.

The appeal shall be accompanied by a deposit or fee as required by City Council resolution.

E.

The City Clerk shall place the appeal on the Planning Commission agenda within 60 calendar days after receipt of it. The permittee shall have the burden of proving that the decision rendered by the Director of Community Development, or his or her designee, was unreasonable, erroneous, or a clear abuse of discretion.

F.

The decision of the Planning Commission shall be final.

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)

A.

A residential beehive(s) shall be subject to Division 11, Section 4-11-111 - Emergency Abatement - of the Municipal Code should any of the following conditions occur:

1.

Colonies of bees exhibit defensive or objectionable behavior or interfere with normal use of neighboring properties without owner's immediate and successful response to rectify the problem.

2.

Colonies of bees swarm because of failure to re-queen without owner's immediate and successful response to rectify the problem.

3.

Colonies of aggressive bees swarm without owner's immediate and successful response to contain or relocate the bees.

4.

Hives become abandoned by the property owner.

5.

Beehives create an imminent public health and safety concern to the neighborhood.

B.

In the event that the City has evidence that any of the following has occurred, a residential beekeeping permit shall be subject to the provisions of the enforcement and revocation procedures in Section 2-38-8 and appeal procedures in Section 2-39-9 of this chapter.

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)

A.

The City Attorney may bring a civil action and civil penalties against any person who continues to violate any provision of this chapter or Chapter 3-41 of the Zoning Ordinance. In any civil action that is brought pursuant to this chapter or Chapter 3-41 of the Zoning Ordinance, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.

A violation of this chapter shall constitute a misdemeanor and may be prosecuted in the name of the people of the State of California. The maximum fine or penalty for any violation shall be the same as established by the general laws for a misdemeanor.

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)

The residential setback deviation procedure is intended to provide a mechanism to approve non-conforming residential additions.

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)

A residential setback deviation is required when any planned addition to a residential structure would not meet the setback standards established in Chapter 3-37 of the Zoning Ordinance.

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)

A.

Persons eligible. The property owner or authorized agent of the property owner may initiate a request for residential setback deviation.

B.

The information listed below is required at the time a residential setback deviation application is submitted to the Community Development Department:

1.

A complete development case application signed by the property owner or its authorized representative.

2.

A deposit or fee as set forth by ordinance or resolution of the City Council.

3.

A letter of justification describing the request, including documentation supporting each required finding.

4.

Preliminary site plan, floor plan(s), and proposed elevations showing the addition.

5.

Letter from the homeowner's association, if applicable, demonstrating preliminary approval of the proposed project.

6.

Letter from the adjacent property owner impacted by the addition along the reduced side setback, stating that they have reviewed the plans and do not oppose the proposed project.

7.

Information as required by the City of Irvine residential setback deviation information sheet.

8.

Other information as required by the Director of Community Development.

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)

A.

All residential setback deviation requests shall be reviewed by the Director of Community Development, who shall approve, conditionally approve, or deny the request, based on the findings in Section 2-40-5.

B.

No public hearing or public notice is required.

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)

The following findings shall be made by the approval body prior to granting a residential setback deviation request:

A.

A representative number of units in the tract which were subject to the same original setback requirement have existing structures legally built to setbacks similar to those being requested.

B.

The construction of the building addition to the original setback requirement will be in harmony with the character of the neighborhood.

C.

The design, materials and amenities utilized in the building addition will be consistent with the character of the neighborhood.

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)

The decision of the Director of Community Development with respect to the residential setback deviation shall be final unless appealed. Please refer to Chapter 2-5 (Appeal Procedure) for the process for appeal.

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)

A.

A residential setback deviation shall become effective on the date the decision is rendered and shall remain valid for as long as the residential structure for which the residential setback deviation is approved remains. In the event the residential structure for which the residential setback deviation is granted is demolished, the residential structure shall be subject to all the applicable regulations specified in Chapter 3 of the Zoning Ordinance. In the event the residential structure is damaged or partially destroyed by fire, explosion or man-induced or natural disaster, the requirements of Chapter 3-19 - Nonconforming Uses and Structures shall apply.

B.

A residential setback deviation approval shall expire and become void three years following the effective date of final approval unless:

1.

A building permit is issued for the site and construction is commenced and diligently pursued toward completion; or

2.

A permit is issued authorizing occupancy of the structure.

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)