Irvine Municipal Code Ch. 2-38 Zone Change

A. The intent of a zone change is to allow for change in the physical form of the City while ensuring that public health, safety and welfare are safeguarded. It provides a mechanism for orderly progression and change in land uses, zoning districts and development standards.

B. An application for a zone change may be filed concurrently with an application for a concept plan, General Plan amendment, or both, but shall be approved only after the latter applications have been approved. Tentative maps and vesting tentative maps and all other applications in this division (i.e., conditional use permits, park plans, et al.) may be processed concurrently with a zone change, if authorized by the Director of Community Development. Approval of these applications may only occur after the zone change has been approved. The Planning Commission or Subdivision Committee may hear and approve these applications prior to the approval of the related zone change. However, Planning Commission or Subdivision Committee approval shall be contingent upon and consistent with the City Council action taken on the related zone change. Any request for a zone change shall not affect requirements for phased open space dedication procedures established in Division 8.

(Code 1976, § V.E-228.1; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 05-16, § 2, 7-12-05)

A. A zone change shall be required for any change to the City of Irvine zoning ordinance. Examples of such changes are the following:

1. Specific or multiple land uses to a zoning district.

2. Overlay districts.

3. General development standards land use regulations.

4. Planning area boundaries.

5. Special development requirements for a planning area.

B. Additionally, a zone change shall be required whenever a zoning ordinance amendment is proposed for an entire planning area or portions of a planning area. When portions of a planning area are to be zoned incrementally, the proposed zoning must be in conformance with the approved concept plan. The procedures established in Chapter 2-2 shall apply to changes to a concept plan. At the rezoning, precise boundaries and acreage of all zoning districts will be determined and shown on the City's statistical analysis tables, and zoning maps of the zoning ordinance. Additionally, the General Plan building intensity standards shall be incorporated and allocated to the appropriate zoning districts and precisely identified on the statistical analysis.

(Code 1976, § V.E-228.2; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A. Persons eligible. The property owner or authorized agent of the property owner, the City Council, the Planning Commission, and the Director of Community Development may initiate a zone change.

B. The information listed below is required at the time a zone change 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. If a City-initiated project, this requirement does not apply.

3. A letter of justification describing the proposed changes to the zoning text, if applicable, and explaining how the proposed changes will satisfy the findings required in Section 2-38-7.

4. A statement establishing the consistency of the proposed zoning with the applicable concept plan and the General Plan. If a concept plan or General Plan amendment is being processed concurrently, the statement shall discuss and establish the consistency of the proposed zone change with the proposed concept plan and/or General Plan amendment.

5. For a zone change application requesting a change in zoning district, overlay district boundaries or planning area boundaries, the following shall also be submitted at the time a zone change application is filed:

a. A proposed map drawn to the same scale as the existing zoning maps.

b. A statistical analysis providing applicable information, such as acreage, maximum dwelling units, and building intensity.

6. Information required for public meetings and hearings, as determined by the Director of Community Development (see Chapter 2-23).

7. Information as required by the City of Irvine zone change information sheet.

8. Other information as required by the Director of Community Development.

(Code 1976, § V.E-228.3; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 05-16, § 2, 7-12-05)

A. The City Council shall be the final approval body for a zone change, with the Planning Commission, and other commissions as deemed appropriate, acting as advisory bodies.

B

The City Council shall approve, deny, or approve in modified form a zone change by ordinance. In order to fulfill the purposes of this zoning ordinance, the City Council may require reasonable guarantees and evidence that the applicant, or its successors in interest, will satisfy any conditions imposed in connection with approval of the zone change.

(Code 1976, § V.E-228.4; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A. See Chapter 2-23 for noticing requirements of public meetings and hearings.

B. The Planning Commission shall hold at least one public hearing on a zone change request and then forward to the City Council its recommendation of approval, denial, or approval in modified form. A recommendation of approval or approval in modified form shall be based on the findings in Section 2-38-7. If deemed appropriate by the Director of Community Development, a review of the application may also be conducted by the Finance, Planning, and Community and Library Services Commissions prior to Council action. These commissions shall prepare recommendations for consideration by the Planning Commission and City Council.

C. The City Council shall hold at least one public hearing and approve, deny, or approve in modified form the zone change request, by ordinance, based on the findings in Section 2-38-7.

(Code 1976, § V.E-228.5; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 04-03, § 3, 2-24-04; Ord. No. 25-22, § 4, 9-9-25)

A. In order for the City Council to approve of a zone change, the City Council shall find that:

1. The proposed zone change is consistent with the City of Irvine General Plan.

2. The proposed zone change is consistent with any applicable concept plan.

3. The proposed zone change meets all the requirements set forth within Division 8 for the dedication of permanent open space through a specified phased implementation program for affected planning areas and zoning districts.

4. The proposed zone change is in the best interest of the public health, safety, and welfare of the community.

5. Based upon information available at the time of approval, adequate sewer and water lines, utilities, sewage treatment capacity, drainage facilities, police protection, fire protection/emergency medical care, vehicular circulation and school facilities will be available to serve the area affected by the proposed zone change when development occurs.

6. If the proposed zone change affects land located within the coastal zone, the proposed zone change will comply with the provisions of the land use plan of the certified local coastal program.

(Code 1976, § V.E-228.6; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 03-02, § 4, 1-14-03)

The action taken by the City Council on a zone change proposal cannot be appealed.

(Code 1976, § V.E-228.7; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A zone change shall become effective 30 days after the second reading of the ordinance by the City Council.

(Code 1976, § V.E-228.8; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)