IRVINE MUNICIPAL CODE
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Published in 2016 by Order of the City Council
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Adopted: July 12, 2016
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CURRENT OFFICIALS
of the
CITY OF
IRVINE, CALIFORNIA
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Donald P. Wagner (Mayor)
Lynn Schott (Mayor Pro Tem)
Melissa Fox (Councilmember)
Jeffrey Lalloway (Councilmember)
Christina Shea (Councilmember)
City Council
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Sean Joyce
City Manager
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Jeffrey Melching
City Attorney
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Molly McLaughlin
City Clerk
PREFACE
This Code constitutes a recodification of the general and permanent ordinances of the City of Irvine, California.
Source materials used in the preparation of the Code were the 1998 Code, as supplemented through Ord. No. 15-02, adopted April 28, 2014, and subsequent ordinances adopted by the City Council. The source of each section is included in the history note appearing in parentheses at the end thereof. Since this Code retains the numbering scheme of the City's 1998 Code, as supplemented through Ord. No. 15-02, adopted April 28, 2015, no history notes are given to the 1998 Code and any section appearing after a section that references the 1976 Code (which 1976 Code was current through April 23, 1995) or an ordinance adopted on or before April 28, 2015, can be found in the City's 1998 Code. Sections that are new and were adopted for the first time with the adoption of the Code bear the indication "Added in 2016 recodification" in the history appearing in parentheses at the end thereof. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1976 Code, as supplemented, and any ordinance adopted on or after April 23,1995, that is included herein.
Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.
Page Numbering System
The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a title of the Code, the number to the left of the colon indicates the number of the title. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:
CHARTER CHT:1 CODE CD1:1 CODE APPENDIX CDA:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CHARTER INDEX CHTi:1 CODE INDEX CDi:1 Indexes
The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.
Looseleaf Supplements
A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.
Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
This publication was under the direct supervision of Roger D. Merriam, Senior Code Attorney, and Ramona Connors, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publisher is most grateful to Ms. Molly McLaughlin, City Clerk, and Ms. Michelle Molko, Attorney at Law, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the City's affairs.
CITY COUNCIL ORDINANCE NO. 16-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, APPROVING ZONE CHANGE 00670867-PZC; AMENDING AND RECODIFYING, AND ADOPTING BY REFERENCE, THE GENERAL ORDINANCES OF THE CITY, ENTITLED "IRVINE MUNICIPAL CODE," AND THE ZONING ORDINANCES OF THE CITY, ENTITLED "IRVINE ZONING ORDINANCE"; REPEALING CERTAIN ORDINANCES NOT INCLUDED THEREIN, WITH CERTAIN EXCEPTIONS AND MODIFICATIONS; AND PROVIDING FOR A PENALTY FOR VIOLATIONS OF THE MUNICIPAL CODE AND ZONING ORDINANCES
WHEREAS, Government Code Sections 50022.1 through 50022.8 and 50022.10 provide for the codification, compilation, recodification, recompilation and publication of permanent and general ordinances of cities; and
WHEREAS, Article IV, Section 409 of the City Charter for the City of Irvine allows City ordinances to be compiled, consolidated, revised, indexed, including such restatement and substantive change as is necessary in the interest of clarity, and arranged as a comprehensive code of ordinances; and
WHEREAS, by the adoption of Ordinance No. 160 on October 1, 1976, the City Council approved the codification of the general and permanent ordinances of the City ("1976 City Code"); and
WHEREAS, by the adoption of City Council Ordinance No. 98-04 on May 26, 1998, the general ordinances of the City were revised and recodified (the "1988 City Code"); and
WHEREAS, by the adoption of City Council Ordinance No. 98-04 on May 26, 1998, the zoning ordinances of the City were revised and codified into a set of ordinances separate from the Municipal Code ("1998 Zoning Ordinance"); and
WHEREAS, although the 1998 City Code and the 1998 Zoning Ordinance have been supplemented over the years with the passage of new ordinances, they have not been recompiled or recodified in their entirety since 1998; and
WHEREAS, the City Council now desires to revise, recodify, recompile and update the ordinances comprising the 1998 City Code and the 1998 Zoning Ordinance to modernize them, render them consistent with current law and City practices, eliminate obsolete references and provide them in a more user-friendly format to aid City staff, residents and other individuals and entities that wish to use them; and
WHEREAS, a copy of the amended, updated and recompiled Irvine Municipal Code (2016 Edition) and the amended, updated and recompiled Zoning Ordinance (2016 Edition), together with a copy of each of the secondary codes therein adopted by reference, have been on file in the office of the City Clerk at least 15 days preceding the date of the public hearing concerning this Ordinance, and remain there on file for public inspection; and
WHEREAS, on April 21, 2016, the City's Planning Commission conducted a duly noticed public hearing concerning Zone Change 00670867-PZC, consisting of certain amendments to Zoning Ordinance sections 2-5-1 through 2-5-9, 2-34-7 and 2-34-8 as part of the recodification of the Zoning Ordinance, and considered information presented by City staff and other interested parties with respect thereto; and
WHEREAS, following the public hearing on April 21, 2016, the Planning Commission adopted Planning Commission Resolution No. 16-3516, recommending that the City Council find that Zone Change does not constitute a "project" under the California Environmental Quality Act, approve Zone Change 00670867-PZC and amend the Zoning Ordinance's text to reflect the changes made thereby as part of the recodification of the Zoning Ordinance, and
WHEREAS, on June 28, 2016, the City Council conducted its first reading of, and introduced, this Ordinance, and directed the City Clerk to notice a public hearing on the Ordinance for July 12, 2016; and
WHEREAS, pursuant to Government Code section 50022.3, the City Council conducted a duly noticed public hearing on July 12, 2016, and has considered the evidence and testimony submitted at that public hearing.
NOW, THEREFORE, the City Council of the City of Irvine DOES HEREBY ORDAIN as follows:
SECTION 1 : RECODIFICATION AND ADOPTION OF MUNICIPAL CODE. Pursuant to Section 409 of the Charter of the City of Irvine, and the provisions of Government Code Sections 50022.1 through 50022.8, and 50022.10, there is hereby recodified and adopted the "Irvine Municipal Code" (2016 Edition) as revised, reformatted, indexed, codified, compiled, edited, updated and republished by the Municipal Code Corporation, together with those secondary codes adopted by reference as authorized by the California State Legislature, to wit: the California Building Code, 2013 Edition; the California Residential Code, 2013 Edition; the California Green Building Standards Code, 2013 Edition; the California Mechanical Code, 2013 Edition; the California Plumbing Code, 2013 Edition; the California Fire Code, 2013 Edition; the Building and Energy Efficiency Standards, 2013 Edition; the California Existing Building Code, 2013 Edition; and the Uniform Housing Code (Chapters 5,6,7,8,9 and 10), 1997 Edition; save and except those portions of the secondary codes as are deleted, modified or amended by the provisions of the Irvine Municipal Code.
SECTION 2 : RECODIFICATION AND ADOPTION OF ZONING ORDINANCE. Pursuant to Section 409 of the Charter of the City of Irvine, and the provisions of Government Code Sections 50022.1 through 50022.8, and 50022.10, there is hereby recodified and adopted the "Irvine Zoning Ordinance" (2016 Edition) as revised, reformatted, indexed, codified, compiled, edited, updated and republished by the Municipal Code Corporation. In conjunction therewith, the City Council approves Zone Change 00670867-PZC based on the following findings:
1.
Zone Change 00670867-PZC is consistent with the City of Irvine General Plan.
2.
Zone Change 00670867-PZC will not impact any concept plan.
3.
Zone Change 00670867-PZC will not impact the City's phased dedication and compensating development opportunities program.
4.
Zone Change 00670867-PZC is in the best interest of the public health, safety, and welfare of the community.
5.
Zone Change 00670867-PZC does not relate to a specific development project, so no particular area will be affected by or developed as a result of it.
6.
Zone Change 00670867-PZC does not affect land located within the coastal zone.
SECTION 3 : CONTINUATION OF EXISTING LAW. The recodification and adoption of the Irvine Municipal Code and the Irvine Zoning Code is intended by the City Council to be a continuation of existing ordinances and nothing is intended to modify or enact any new taxes. To the extent the provisions of the 2016 Edition of the Irvine Municipal Code or the 2016 Edition of the Irvine Zoning Code are substantively the same as existing law, the provisions of the 2016 Editions shall be considered a continuation of existing law and not new enactments.
SECTION 4 : REPEAL. Except as otherwise provided in this Ordinance or in the 2016 Edition of the Irvine Municipal Code or the Irvine Zoning Code, all provisions of the 1998 Municipal Code and the 1998 Zoning Ordinance are hereby repealed on the effective date of this Ordinance, but shall remain in full force and effect until such date.
SECTION 5 : EFFECT OF RECODIFICATION AND REPEAL. The recodification and adoption of the 2016 Edition of the Irvine Municipal Code and the Irvine Zoning Ordinance, and the repeal of the 1998 Municipal Code and the 1998 Zoning Ordinance, as specified in this Ordinance shall not affect the following matters:
a)
Actions and proceedings that began before the effective date of this Ordinance.
b)
Civil, criminal and administrative proceedings concerning ordinance violations committed before the effective date of this Ordinance.
c)
The amount of or collection of license, fee, penalty debt, forfeiture or obligation due and unpaid as of the effective date of this Ordinance.
d)
Any contract or right established or accruing, and any contract or obligation assumed by the City, before the effective date of this Ordinance.
e)
Any right or franchise granted by the City before the effective date of this Ordinance.
f)
Any ordinance promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bond of the City or any evidence of the City's indebtedness.
g)
Any bond or cash deposit in lieu thereof required to be posed, filed or deposited pursuant to any ordinance.
h)
Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way within the City.
i)
Any ordinance relating to specific public improvements or assessments therefor.
j)
Any ordinance establishing or prescribing grades for streets.
k)
Any appropriation ordinance or ordinance providing for the levy of taxes or for an annual budget.
l)
Any zoning ordinance of the City not codified in the City of Irvine Municipal Code or City of Irvine Zoning Ordinance.
m)
Any non-codified ordinance relating to the investment of municipal funds.
n)
Any ordinance establishing the compensation of municipal officers or employees, not inconsistent herewith.
o)
Any ordinance dedicating or accepting any plat or subdivision in the City.
p)
Any interim emergency ordinance of the City in effect on the effective date of this ordinance.
q)
Any ordinance expressly saved from repeal by the terms of the City of Irvine Municipal Code or City of Irvine Zoning Ordinance.
r)
Any ordinance that is temporary, although general in effect.
s)
Any ordinance that is special, although permanent in effect.
t)
Any ordinance describing the corporate or jurisdictional limits of the City, or relating to the annexation to or detachment from the territory of the City.
u)
Any ordinance enacted after August, 2016.
SECTION 6 : PENALTIES. The penalties for any violation of or failure to comply with any provision of the Irvine Municipal Code or Irvine Zoning Ordinance provided for by the City of Irvine Municipal Code (2016 Edition) are set forth in Title 4, Division 13, and in accordance with California Government Code Section 50022.4 are hereby set forth in this Ordinance:
Sec. 4-13-103(B) : Violation of any provision of this Code or City ordinance shall be a misdemeanor unless by such provision it is made an infraction, provided, however, that the City Attorney has discretion to charge and the Code Enforcement Official has discretion to treat any offense in this Code as either a misdemeanor or an infraction.
Sec. 4-13-201 : Except in cases where a different punishment is specifically prescribed elsewhere in this Code, every misdemeanor offense shall be punishable by imprisonment for a period not exceeding six months, or by fine not exceeding $1,000, or by both fine and imprisonment at the discretion of the court.
Every violation determined to be an infraction is punishable by:
A.
A fine not exceeding $100 for a first violation;
B.
A fine not exceeding $200 for a second violation of the same provision within one year;
C.
A fine not exceeding $500 for each additional violation of the same provision within one year.
A violation of local building and safety codes determined to be an infraction is punishable by:
A.
A fine not exceeding $100 for a first violation;
B.
A fine not exceeding $500 for a second violation of the same ordinance within one year;
C.
A fine not exceeding $1,000 for each additional violation of the same ordinance within one year of the first violation.
SECTION 7 : CODE SECTIONS. Irvine Municipal Code and Zoning Ordinance sections cited on signage within the City shall, until updated if and as required, be deemed to be citations to the counterpart sections in the 2013 Edition of the Municipal Code or Zoning Ordinance, as applicable, for purposes of notice and enforcement.
SECTION 8 : ADDITIONS AND AMENDMENTS. Any and all additions or amendments to the Irvine Municipal Code, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such Code so that references to the "Irvine Municipal Code" shall be understood and intended to include such additions and amendments. The same shall be true for additions or amendments to the Irvine Zoning Ordinance.
SECTION 9 : CEQA. The City Council finds and determines that adoption of this Ordinance does not have any potential for causing a significant effect on the environment, and, therefore, does not constitute a "project" as that term is defined by the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq., and, thus, in accordance with Section 15061(b)(3) of Title 14 of the California Code of Regulations, no environmental review is merited.
SECTION 10 : SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each, section subdivision, sentence, clause, phrase, or portion of this Ordinance irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Ordinance be declared invalid.
SECTION 11 : COPY ON FILE WITH CITY CLERK. A copy of the Irvine Municipal Code and the Irvine Zoning Ordinance shall be kept on file in the office of the City Clerk. It shall be the express duty of the City Clerk, or his or her designee, to insert in their proper places all amendments and ordinances which indicate the intention of the City Council to make the same a part of the Irvine Municipal Code and/or the Irvine Zoning Ordinance, and to extract from them all provisions which are repealed by the City Council. The copies shall be available for all persons desiring to examine the same and shall be considered the official Irvine Municipal Code and the official Irvine Zoning Ordinance.
SECTION 12 : PUBLICATION. The City Clerk is hereby directed to certify to the passage of this Ordinance and to cause the same to be published in the manner required by law for the codification of ordinances.
PASSED AND ADOPTED by the City Council of the City of Irvine at a regular meeting held on the 12 th day of July, 2016.
Steven S. Choi
MAYOR OF THE CITY OF IRVINE
ATTEST:
Molly McLaughlin
CITY CLERK OF THE CITY OF IRVINE
STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF IRVINE ) I, MOLLY MCLAUGHLIN, City Clerk of the City of Irvine, HEREBY DO CERTIFY that the foregoing ordinance was introduced for first reading on the 28th day of June, 2016, and duly adopted at a regular meeting of the City Council of the City of Irvine, held on the 12 th day of July, 2016.
AYES 5 COUNCILMEMBERS Krom, Lalloway, Schott, Shea and Choi NOES 0 COUNCILMEMBERS None ABSENT: 0 COUNCILMEMBERS None ABSTAIN 0 COUNCILMEMBERS None Molly McLaughlin
CITY CLERK OF THE CITY OF IRVINE
STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF IRVINE ) I, MOLLY MCLAUGHLIN, City Clerk of the City of Irvine, HEREBY DO CERTIFY that on the 21 st day of July, 2016, I caused to have published and posted a foregoing true and correct copy of Summary of Ordinance No. 16-04 of the City of Irvine in the following public places in the City:
1)
Bulletin Board in Walnut Village Shopping Center, Culver and Walnut, Irvine.
2)
Bulletin Board in University Park Shopping Center, Culver at Michelson, Irvine.
3)
Bulletin Board in Northwood Shopping Center, Irvine Boulevard at Yale, Irvine.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City Council of the City of Irvine, California, the 21 st day of July, 2016.
Molly McLaughlin
CITY CLERK OF THE CITY OF IRVINE