Irvine Municipal Code Ch. 2-40 Residential Setback Deviation Procedure

The residential setback deviation procedure is intended to provide a mechanism to approve non-conforming residential additions.

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)

A residential setback deviation is required when any planned addition to a residential structure would not meet the setback standards established in Chapter 3-37 of the Zoning Ordinance.

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)

A. Persons eligible. The property owner or authorized agent of the property owner may initiate a request for residential setback deviation.

B. The information listed below is required at the time a residential setback deviation 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 documentation supporting each required finding.

4. Preliminary site plan, floor plan(s), and proposed elevations showing the addition.

5. Letter from the homeowner's association, if applicable, demonstrating preliminary approval of the proposed project.

6. Letter from the adjacent property owner impacted by the addition along the reduced side setback, stating that they have reviewed the plans and do not oppose the proposed project.

7. Information as required by the City of Irvine residential setback deviation information sheet.

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

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)

A. All residential setback deviation requests shall be reviewed by the Director of Community Development, who shall approve, conditionally approve, or deny the request, based on the findings in Section 2-40-5.

B. No public hearing or public notice is required.

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)

The following findings shall be made by the approval body prior to granting a residential setback deviation request:

A. A representative number of units in the tract which were subject to the same original setback requirement have existing structures legally built to setbacks similar to those being requested.

B. The construction of the building addition to the original setback requirement will be in harmony with the character of the neighborhood.

C. The design, materials and amenities utilized in the building addition will be consistent with the character of the neighborhood.

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)

The decision of the Director of Community Development with respect to the residential setback deviation shall be final unless appealed. Please refer to Chapter 2-5 (Appeal Procedure) for the process for appeal.

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)

A. A residential setback deviation shall become effective on the date the decision is rendered and shall remain valid for as long as the residential structure for which the residential setback deviation is approved remains. In the event the residential structure for which the residential setback deviation is granted is demolished, the residential structure shall be subject to all the applicable regulations specified in Chapter 3 of the Zoning Ordinance. In the event the residential structure is damaged or partially destroyed by fire, explosion or man-induced or natural disaster, the requirements of Chapter 3-19 - Nonconforming Uses and Structures shall apply.

B. A residential setback deviation approval shall expire and become void three years following the effective date of final approval 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 structure.

(Ord. No. 24-19, § 2(Exh. A), 11-26-24)