Irvine Municipal Code Ch. 2-15 Interim Use Permit

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)