Irvine Municipal Code Ch. 2-33 Administrative Use Permit

A. An administrative use permit provides a process for Director of Community Development review and determination of requests for uses and activities whereby impacts on adjacent sites and surroundings can be evaluated. These uses and activities generally meet the purposes of the applicable zone but require special consideration in the design or operation to ensure compatibility with surrounding or potential future uses. It is anticipated that uses qualifying for an administrative use permit only have an impact on immediately adjacent properties and can be modified and/or conditioned to ensure compatibility.

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

C. The Director of Community Development or designee shall conditionally approve, conditionally approve in modified form, or deny applications for administrative use permits based on consideration of requirements of this Chapter.

(Ord. No. 25-06, § 2(Exh. A), 4-8-25)

No person or organization shall conduct, maintain, or operate an administrative use or permit its premises to be used for any administrative use without first obtaining an administrative use permit as provided in this Chapter and then only after applying for and securing all other approvals, permits, and licenses required by applicable laws, including the Irvine Municipal Code and Zoning Ordinance. When either a master plan or conditional use permit (or any other discretionary approval) and an administrative use permit are required, the administrative use permit shall be consolidated with the other discretionary approval before the approval body for the discretionary approval. In cases where administrative relief pursuant to Chapter 2-2 is requested, the application for administrative use permit shall be consolidated and reviewed concurrently with the application for administrative relief by the required approval authority pursuant to Chapter 2-2.

Administrative use permits are only available where specifically indicated by this Zoning Ordinance, including but not limited to pursuant to Chapter 3-37 hereof.

(Ord. No. 25-06, § 2(Exh. A), 4-8-25)

The Director of Community Development or designee shall have the discretion to refer any application for an administrative use permit for consideration by the Planning Commission in lieu of making a decision on the application.

(Ord. No. 25-06, § 2(Exh. A), 4-8-25)

A. Application. An application for an administrative use permit shall be obtained from the Community Development Department. Except for as required by law, and for determinations made by the Planning Commission, 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 administrative use permit.

C. Permit application. The application for an administrative 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 2-33-7.

4. All required site plans and information related to the operation of the proposed use including, but not limited to, hours of operation, number of employees, number of students, number of classes, class schedule, and other applicable documents required as part of the application package as identified on the administrative use permit information sheet.

5. Other information or technical studies as required by the Director of Community Development or designee.

(Ord. No. 25-06, § 2(Exh. A), 4-8-25)

The following design standards apply to administrative uses:

A. Parking.

1. The use shall meet the minimum parking requirements as outlined in Division 4 - Parking of the Irvine Zoning Ordinance.

B. Compatibility.

1. The 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 administrative use shall not result in any adverse impact to site access or traffic flow on streets, alleys, and drive aisles.

C. Signage.

1. The use shall meet the requirements as outlined in Division 7 - Signs of the Irvine Zoning Ordinance.

D. General Development Standards and Planning Area Requirements.

1. The administrative use shall meet all applicable development standards established by Division 3 - General Development Standards and Land Use Regulations and Division 9 - Planning Areas of the Irvine Zoning Ordinance.

(Ord. No. 25-06, § 2(Exh. A), 4-8-25)

A. Within 10 business days following the City's determination that an administrative use permit application is complete, the Director of Community Development shall approve, conditionally approve, or deny the administrative use permit based upon the findings contained in Section 2-33-7. Such time period shall be extended in the event the Director of Community Development refers the application to the Planning Commission pursuant to Section 2-33-3. Should a referral be made, the Director of Community Development shall notify the applicant, within 10 business days following the City's determination that an administrative use permit application is complete, of the tentative date for the Planning Commission hearing on the application.

B. The approval body may impose such terms, conditions, and restrictions upon the operation or conduct of the administrative use as may be deemed necessary or expedient to ensure that the findings in Section 2-33-7 can be made.

C. Upon a decision being rendered, the Director of Community Development shall provide to the applicant, by mail and/or 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 2-33-8. Additionally, if the application is denied, the notice shall specify the reasons for denial. Separate notice shall not be required if a decision is rendered at an open public meeting before the Planning Commission, with meeting minutes posted in the manner required by law.

D. The approved administrative use permit and any related business license(s) must be posted on the premises in a conspicuous place.

(Ord. No. 25-06, § 2(Exh. A), 4-8-25)

A. The administrative use will comply with all the applicable development standards of the 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 administrative use.

C. The administrative use will not impair the character and integrity of the zoning district and surrounding area.

D. The proposed use is in harmony with applicable City policies and the intent and purpose of the zoning district involved.

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

(Ord. No. 25-06, § 2(Exh. A), 4-8-25)

The decision of the Director of Community Development with respect to the administrative 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. 25-06, § 2(Exh. A), 4-8-25)

An administrative use permit shall be effective 15 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 administrative use permit shall become effective on the date of Planning Commission or City Council approval action.

(Ord. No. 25-06, § 2(Exh. A), 4-8-25)

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

B. Any administrative 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. 25-06, § 2(Exh. A), 4-8-25)