Irvine Municipal Code Ch. 2-35 Use Determination Procedure

A. A use determination is intended to recognize the fact that zoning regulations relating to land use do not address every conceivable use that may be permitted, conditionally permitted, or prohibited within a given district.

B. The use determination procedure allows consideration of land use proposals not specifically permitted or prohibited in a district, but which may be appropriate uses given their similarity to other permitted or conditionally permitted uses. The determination of similarity is generally based on such criteria as function and impacts.

C. A use determination is not intended to be used and shall not be used in lieu of a zone change or to add new uses to a land use matrix or table(s).

(Code 1976, § V.E-226.1; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A use determination shall be required when a land use is proposed that is not specifically listed in Section 3-3-1, and a proposed use is not clearly or obviously synonymous with a listed use.

(Code 1976, § V.E-226.2; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A. Persons eligible. Any person may submit a use determination application.

B. The information listed below is required at the time a use determination application is submitted to the Community Development Department:

1. A nonrefundable fee as required by ordinance or resolution of the City Council.

2. A written request for a use determination shall be directed to the Director of Community Development. The letter shall include the following:

a. Detailed description of the existing and/or proposed use;

b. Location of the proposed use, including building address, if available;

c. Size of operation in gross square feet or acres;

d. Number of employees;

e. Hours of operation;

f. Types of use(s) proposed; and

g. Use, manufacture, or generation of any hazardous materials and/or waste.

3. Information as required by the City of Irvine use determination information sheet.

If an item listed above cannot be provided by an applicant, the written request should explain why the missing information is unavailable.

(Code 1976, § V.E-226.3; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 97-05, 5-13-97)

The use determination shall be made in writing by the Director of Community Development, or designee. However, at the discretion of the Director of Community Development, a use determination can be referred to the Zoning Administrator for determination.

(Code 1976, § V.E-226.4; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 05-16, § 2, 7-12-05; Ord. No. 12-09, § 3(Exh. A), 5-22-12)

A. A decision of the Director of Community Development with respect to use determination applications may be appealed within five business days of the decision in accordance with Chapter 2-5.

B. See Chapter 2-5 for information on appealing Zoning Administrator or Planning Commission decisions.

(Code 1976, § V.E-226.5; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 05-16, § 2, 7-12-05; Ord. No. 18-05, Exh. A, 4-24-18; Ord. No. 25-22, 9-9-25)

A use determination shall become effective on the date the Director of Community Development or designee, Zoning Administrator or Planning Commission renders a written opinion. In the event that a decision is appealed, it shall become effective on the date of the decision of the highest appeal body to hear the case.

(Code 1976, § V.E-226.6; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 12-09, § 3(Exh. A), 5-22-12)