Irvine Municipal Code Ch. 2-34 Urgency Interim Ordinance

Sec. 2-34-1. - Intent.¶

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)

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Sec. 2-34-2. - Adoption of urgency interim ordinance.¶

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)

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Sec. 2-34-3. - Approval body.¶

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)

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Sec. 2-34-4. - Hearing and notice.¶

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)

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Sec. 2-34-5. - Appeal.¶

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)

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Sec. 2-34-6. - Reserved.¶

Sec. 2-34-7. - Effective date and time limits.¶

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)

Exceptions & meaning →