Irvine Municipal Code Ch. 2-9 Conditional Use Permit Procedure

A. The intent of a conditional use permit application is to ensure:

1. The use is appropriate in the location and circumstances in which it is proposed;

2. The use is compatible with the existing and proposed on-site and proximate land uses;

3. The use implements the General Plan objectives;

4. Project impacts are identified and mitigated; and

5. Major issues associated with the development of the site have been addressed and resolved when development of the site is not subject to the Master Plan approval.

B. A conditional use permit application may be approved, denied, or approved in modified form. The permit may be granted for a limited time period and/or may be granted subject to conditions which the approval body considers necessary to protect the public health, safety and welfare of the surrounding properties, the neighborhood or the City as a whole.

C. For projects where a use or building does not comply with current development standards, the application for a conditional use permit shall depict all improvements proposed to bring the site into conformance with all zoning regulations in effect at the time of application submittal. Refer to Chapter 3-19 (Nonconforming Uses and Structures).

(Code 1976, § V.E-205.1; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A. A conditional use permit is required for all uses within the City of Irvine where the zoning ordinance identifies the land use as "conditionally permitted."

B. When development of a site is subject to both a Master Plan and conditional use permit, the Director of Community Development may waive the requirement for a Master Plan provided the conditional use permit application includes all information and addresses all issues associated with a Master Plan application.

(Code 1976, § V.E-205.2; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; 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 are eligible for requesting a conditional use permit.

B. The information requested below is required at the time a conditional use permit 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 proposed project and explaining how it will satisfy the findings in Section 2-9-7.

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

5. Information as required by the City of Irvine conditional use permit information sheet.

6. When a conditional use permit involves park amenity credits or the dedication of park land, the application shall incorporate all the requirements listed in Chapter 2-22 (Park Procedure). If a reduction in park dedication is requested for the provision of affordable residential units, the request shall be made at the time of the conditional use permit application for residential development.

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

(Code 1976, § V.E-205.3; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A. The Zoning Administrator (with commissions other than the Planning Commission, as deemed appropriate, acting as advisory bodies) shall be the final approval body for the uses listed below when a conditional use permit is required. (Note that the uses listed below may not require a conditional use permit in every zoning district.) However, at the Zoning Administrator's discretion, an application may be forwarded to the Planning Commission for review and action. In addition, a member of the Planning Commission may call up for review and action, prior to posting of the public notice, by the Commission prior to a Zoning Administrator decision, any conditional use permit application.

• Alternative health care provider.

• Ambulance service.

• Arcade, game.

• Caretaker's quarters.

• Carwash.

• Child care center.

• Church (in other than a residential zoning category).

• Civic, governmental and cultural (Planning Area 4: Lower Peters Canyon).

• Commercial recreation facilities (Planning Area 4: Lower Peters Canyon).

• Community centers (Planning Area 4: Lower Peters Canyon).

• Community facility.

• Community information centers (Planning Area 4: Lower Peters Canyon).

• Concrete recycling facility. (In conjunction with demolition, removal and recovery of existing buildings, structures and landscaping associated with the former military use of the property - Planning Area 51).

• Conference/convention facilities (Planning Area 4: Lower Peters Canyon).

• Dairy, commercial.

• Domestic animal care facility.

• Drive-thru.

• Educational facilities, including off-site institutions of higher learning (Planning Area 4: Lower Peters Canyon).

• Equipment rental.

• Escort bureau and introductory service.

• Financial institution, drive-thru.

• Financial institution, except drive-thru.

• Fraternal and service club.

• Gas station/fuel dispenser.

• Gate, residential privacy.

• Government facility (Planning Area 16; Quail Hill).

• Greenhouse.

• Health club.

• Information center.

• Kennel.

• Landscaping businesses (Planning Area 4: Lower Peters Canyon).

• Maintenance facilities and structures (Planning Area 4: Lower Peters Canyon).

• Manufactured structure (over two years).

• Manufacturing, light (Planning Area 4: Lower Peters Canyon, Sector 8 only).

• Manufacturing of components (Planning Area 4: Lower Peters Canyon, Sector 8 only).

• Massage establishment and related businesses.

• Model home sales complex.

• Office, medical.

• Office, planned unit development (Planning Area 4: Lower Peters Canyon).

• Outdoor sales.

• Outdoor storage.

• Recreational vehicle storage, private.

• Research and development.

• Recreational vehicle storage, public.

• Restaurant.

• Restaurant, ABC license "Type 47" ABC License operating after 12:00 a.m.

• Restaurant, takeout (Planning Area 4: Lower Peters Canyon).

• Retail and/or service business, general (except drive-thru).

• School, commercial.

• School, private.

• Self-storage facility (Planning Commission approval required in 3.10, Woodbridge).

• Small collection facility.

• Utility building and facility.

• Vehicle assembly.

• Vehicle impound yard.

• Vehicle leasing and rental.

• Vehicle sales.

• Vehicle storage.

• Vehicle wrecking yard.

• Veterinary service, livestock.

• Vocational schools (Planning Area 4: Lower Peters Canyon).

• Warehouse and sales outlet.

• Wireless communication facilities (depending on location, certain classes of antennae may be processed as a minor conditional use permit subject to review and approval by the Zoning Administrator pursuant to the table provided in Section 2.37.5-3).

B. For all other conditionally permitted uses the Planning Commission shall be the final approval body, with other commissions, as deemed appropriate, acting as advisory bodies.

(Code 1976, § V.E-205.4; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 97-05, 5-13-97; Ord. No. 97-06, § 3, 5-13-97; Ord. No. 01-15, § 4, 9-25-01; Ord. No. 03-07, § 5, 3-11-03; Ord. No. 05-13, § 4, 7-12-05; Ord. No. 05-16, § 2, 7-12-05; Ord. No. 09-02, § 3, 3-24-09; Ord. No. 09-08, § 4, 9-8-09; Ord. No. 11-08, § 3(Exh. A), 8-23-11; Ord. No. 12-09, § 3(Exh. A), 5-22-12; Ord. No. 18-05, Exh. A, 4-24-18; Ord. No. 25-04, Exh. A, 4-8-25; Ord. No. 25-18, § 2(Exh. A), 6-24-25)

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

B. Commissions other than the Planning Commission may review any proposed conditional use permit, if determined necessary by the Director of Community Development. If review by one of these commissions occurs, at least one public meeting shall be held and recommendations shall be prepared for consideration by the Zoning Administrator or Planning Commission.

C. The Zoning Administrator or Planning Commission shall hold at least one public hearing, in accordance with Chapter 2-23 of this zoning ordinance, and shall adopt a resolution approving, conditionally approving or denying a conditional use permit application request by resolution, based on the findings in Section 2-9-7.

D. Any conditional use permit application submitted to the Zoning Administrator may be referred by the Zoning Administrator to the Planning Commission for review and action.

(Code 1976, § V.E-205.5; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

In order for the Zoning Administrator or Planning Commission to approve a conditional use permit, the Zoning Administrator or Planning Commission shall find that:

A. The proposed location of the conditional use is in accord with the objectives of Chapter 1-1 of the zoning ordinance and the purpose of the zoning district in which the site is located.

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

C. The proposed conditional use is compatible with existing uses and future uses to the extent those uses are known, and will comply with each of the applicable provisions of the zoning ordinance, except for approved variances and/or administrative relief per Chapters 2-2 and 2-37.

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

E. Based upon information available at the time of approval, adequate utilities, access roads, drainage, and other necessary facilities exist or will be provided to serve the proposed use.

(Code 1976, § V.E-205.6; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A decision of the Zoning Administrator may be appealed to the Planning Commission, and a decision of the Planning Commission approving, denying, or approving in modified form may be appealed to the City Council, within 15 calendar days of the decision in accordance with Chapter 2-5 (Appeal Procedure). The City Council's decision shall take effect immediately.

(Code 1976, § V.E-205.7; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 18-05, Exh. A, 4-24-18)

A. A conditional use permit shall become effective 15 calendar 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 conditional use permit shall become effective on the date of Planning Commission or City Council approval action. See Chapters 2-5 and 2-23 for further information.

B. A conditional use permit 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 site or structure; or

3. The site is occupied if no building permit or certificate of occupancy is required.

C. When a conditional use permit is due to expire, the Director of Community Development shall have the authority to extend the conditional use permit for one additional three-year period. The landowner must request an extension in writing at least 30 days prior to the expiration date, must provide a deposit or fee as set forth by ordinance or resolution of the City Council, and must provide a letter of justification explaining how the following findings can be made:

1. All elements of the conditional use permit are consistent with the City's original findings.

2. All significant environmental effects of the project were analyzed at the time of conditional use permit approval. There are no new and previously unknown or undisclosed negative environmental impacts.

The Director of Community Development shall approve or deny the extension based upon his or her concurrence with and verification of the above findings. Subsequent extensions shall require the filing of a new conditional use permit application. A decision by the Director of Community Development may be appealed to the Planning Commission using the same procedure as that specified in Chapter 2-5.

(Code 1976, § V.E-205.8; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 25-22, 9-9-25)

The Director of Community Development shall determine whether a proposed modification to a previously approved conditional use permit is a major or minor modification in accordance with the minor/major modification procedure in Chapter 2-19.

(Code 1976, § V.E-205.9; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

Failure to comply with any conditional use permit condition is a violation of this zoning ordinance subject to the enforcement and revocation procedures as prescribed and set forth in Chapter 2-10. Any conditional use permit may be revoked upon failure to comply with any of the conditions or terms of approval or if any law or ordinance is violated in connection with the conditional use permit approval.

(Code 1976, § V.E-205.10; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A conditionally permitted use legally established or approved prior to the effective date of this ordinance shall be permitted to continue, subject to the provisions of Chapter 3-19 (Nonconforming Uses and Structures), provided it is maintained and operated in accord with the conditions imposed at the time of its establishment, if any.

(Code 1976, § V.E-205.11; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)