Irvine Municipal Code Ch. 2-11 General Plan Amendment Procedures

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 and Library Services [Commission], 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; Ord. No. 25-22, § 4, 9-9-25)

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)