Irvine Municipal Code Ch. 2-2 Administrative Relief Procedure

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, childcare centers, wireless communication facility separation, and private schools. 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; Ord. No. 25-06, § 2(Exh. A), 4-8-25)

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

A. Parking (Division 4).

B. Landscaping, walls and fences, childcare centers, wireless communication facility separation, and private schools (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; Ord. No. 25-06, § 2(Exh. A), 4-8-25)

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—2-12-13 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; Ord. No. 25-06, § 2(Exh. A), 4-8-25)

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—2-12-13 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; Ord. No. 25-06, § 2(Exh. A), 4-8-25)

In order for the approval body to approve administrative relief from vehicle and/or bicycle parking standards, the approval body shall find that:

Vehicle Parking:

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.

Bicycle Parking:

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

B. Due to the site's location within or adjacent to a larger development for which adequate bicycle parking is already provided, sufficient bicycle parking exists within proximity to the site; and

C. Deviations from bicycle parking standards are justified due to unique characteristics associated with the project site and/or project design.

(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; Ord. No. 25-20, § 2(Exh. A), 7-8-25)

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 body 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; Ord. No. 25-06, § 2(Exh. A), 4-8-25)

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

A. The intent of Chapter 3-22 of the zoning ordinance is being preserved.

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

(Ord. No. 25-06, § 2(Exh. A), 4-8-25)

A. A decision of the Zoning Administrator 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. A decision of the Direcctor of Community Development with respect to an administrative relief application may be appealed to the Planning Commission within five business 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; Ord. No. 25-06, § 2(Exh. A), 4-8-25; Ord. No. 25-22, 9-9-25)

A. Director of Community Development action on administrative relief shall become effective five business days after the date of the Director's decision, unless appealed pursuant to Chapter 2-5.

B. Zoning Administrator action on administrative relief shall become effective 15 calendar days after the date of the Administrator's decision, unless appealed to the Planning Commission.

C. 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.

D. 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.

E. 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 Chapter 2-5.

(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; Ord. No. 25-06, § 2(Exh. A), 4-8-25; Ord. No. 25-22, 9-9-25)

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; Ord. No. 25-06, § 2(Exh. A), 4-8-25)