Irvine Municipal Code Ch. 2-19 Minor/Major Modification Procedure

The intent of this chapter is to recognize that revisions may be proposed by applicants subsequent to approval of a Master Plan, park plan, park design, or conditional use permit, as well as to development case types no longer in use. These revisions may be proposed in response to market conditions, input from staff as working drawings are processed, or previously unidentified site constraints. The procedure outlined in this chapter is not intended to apply to administrative relief, variances or to sign program modifications. There is no procedure to modify administrative relief or a variance. A new administrative relief or variance application must be filed. Refer to Chapter 2-31 for sign program modification procedures.

(Code 1976, § V.E-213.1; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 09-02, § 3, 3-24-09)

A. Proposed modifications to approved cases which meet any one of the following criteria shall be processed as a major modification:

1. Proposed addition, deletion, and/or relocation of approved structures and/or land uses which would cause significant or potentially significant environmental impacts, based on staff's analysis prepared in accordance with City policy.

2. Proposed addition, deletion, and/or relocation of approved structures and/or land uses which would cause significant or potentially significant on-site and off-site traffic impacts, based on staff's analysis of the transportation issues prepared in accordance with City policy.

3. The intent of the findings and conditions of approval for the approved project would not be preserved.

4. Proposed addition, deletion and/or relocation of structures would result in an impact to or introduction of sensitive uses not previously considered within the site. This includes, but is not limited to, uses such as child care centers, schools, residences, and medical establishments.

5. Reconfiguration of the site plan resulting in:

a. A significant reduction in landscaping.

b. A significant change in parking.

B. Except for the foregoing, all proposed modifications are minor modifications. The Director of Community Development shall have authority to determine whether a proposed modification is major or minor.

(Code 1976, § V.E-213.2; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A. Persons eligible. The property owner or authorized agent of the property owner may request a minor or major modification.

B. The information listed below is required at the time a written request for a minor or major modification determination is submitted to the Director of Community Development:

1. A written description of the proposed modification, its impacts on the approved case, including effects the modification may have on approved conditions, and justification describing and explaining how the project satisfies the required findings of Section 2-19-7.

2. A deposit or fee as set forth by an ordinance or resolution of the City Council.

3. Fully dimensioned, revised project plans.

4. Information as required by the City of Irvine minor/major modification information sheet.

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

6. Major modifications only: Information as required for a public hearing, as determined by the Director of Community Development, and in accordance with Chapter 2-23.

(Code 1976, § V.E-213.3; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 97-05, 5-13-97)

A. Minor modifications to approved plans may be approved by the Director of Community Development, either as separate applications or in conjunction with the review of building and grading permit applications, except that minor modifications to park plans, park designs, and existing parks shall be approved by the Director of Community and Library Services per Section 2-22-10 of the Zoning Code. A minor modification shall be consistent with the original CEQA determination.

B. Major modifications shall be treated as a new application requiring full staff review, a determination under CEQA, and consideration by the approval body specified by the zoning ordinance for the case type at a public hearing.

C. For the obsolete zoning compliance (ZD) development case type, the Director of Community Development shall act as the approval body for major modifications. For site design (SD), park modifications (PK) and walls, streetscapes, and park plans (WS), all of which are obsolete, the Zoning Administrator shall act as the approval body for major modifications. However, at the Zoning Administrator's discretion, an application may be forwarded to the Planning Commission for review and action. Minor modifications to obsolete case types may be approved by the Director of Community Development.

(Code 1976, § V.E-213.4; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 00-02, § 4, 2-8-00; Ord. No. 09-02, § 3, 3-24-09; Ord. No. 25-22, § 4, 9-9-25)

A. Major modification. The approval body shall hold at least one public hearing in accordance with Chapter 2-23. The approval body by resolution shall approve, conditionally approve, or deny the major modification, based on the findings in Section 2-19-7.

B. Minor modification. All minor modifications shall be reviewed by the Director of Community Development, who shall approve, conditionally approve, or deny the modification requested, based on the findings in Section 2-19-7, except that minor modifications to park plans, park designs, and existing parks, shall be approved by the Director of Community and Library Services per Section 2-22-10 of the Zoning Code.

(Code 1976, § V.E-213.5; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 09-02, § 3, 3-24-09)

A. Findings for major modifications shall be the same as were required for the original approval. The following findings shall be made by the approval body prior to granting a minor modification to approved existing and obsolete development cases.

1. The modification does not alter or affect the intent of the findings and conditions of the original project approval.

B. In order for the Zoning Administrator to approve a major modification to an obsolete case type, the following findings must be made:

1. The proposed project is consistent with the City's General Plan.

2. The proposed project is consistent with the City's zoning ordinance.

3. The proposed project is not injurious to the best interests of the public health, safety and welfare of the community.

(Code 1976, § V.E-213.6; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

Refer to Chapter 2-5 for appeal procedure.

(Code 1976, § V.E-213.7; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A. Minor modifications and Director-level major modifications shall be effective five business days after the date of the decision, unless appealed. All other major modifications shall become effective 15 calendar days after the date of the decision unless appealed. If appealed, refer to Chapter 2-5 for appropriate time limitations.

B. A minor or major modification shall be in effect pursuant to the terms of effect for the original case.

(Code 1976, § V.E-213.8; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 25-22, 9-9-25)