West Covina Municipal Code Div. 7 Minor Modification

A minor modification is required for minor revisions to approved projects or for minor deviations from height and setback regulations.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a) The Community Development Director or their designee shall be authorized to approve, approve with conditions, or disapprove an application for a minor modification, for the following minor revisions:

(1) Deviation of up to twenty (20) percent of any regulation pertaining to heights and setbacks contained in this chapter. Deviations requested from height and setbacks shall be required to meet the findings in section 26-233.

(2) Revisions that are insignificant site plan changes that do not significantly alter the number of parking spaces or amount of landscaping.

(3) Structural revisions that do not alter the footprint of the building or change the size or shape of the building.

(4) Color or material modifications that are similar or within a similar color palette to that approved.

(5) The addition of fencing, mechanical equipment, or similar site plan modifications not reviewed as part of the case file.

(6) Revisions due to maintenance issues such as replacement of exterior materials.

(7) The collocation of antenna apparatus on existing wireless antenna structures.

(8) Similar types of improvements as those listed above.

(b) An application for revisions or modifications not listed in subsection (b) above shall require an amendment to the original discretionary application.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

As part of a minor modification approval, the Community Development Director or their designee may require development standards stricter than the minimum standards of this Code (e.g., less sign area, less building coverage, lower density, increased parking, increased fence or wall height, etc.) when such restrictions will mitigate potential impacts to surrounding properties or achieve greater aesthetic or functional integration and compatibility with neighboring developments.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a) Minor modifications approved in conjunction with cases which are dependent on the minor modification (precise plans, parcel or tract maps, conditional use permits, etc.) shall expire on the same expiration date as the case. Approval of a time extension for such cases shall constitute the approval of a time extension of the variance on which the case is dependent.

(b) A minor modification not in conjunction with other cases shall expire without further action by the City if no action is taken on it within two (2) years from date of the resolution or approval granting the minor modification. If construction work is involved, such work must be actually commenced within the stated period and be diligently pursued, unless other entitlements must be sought prior to commencement of construction and the applicant is proceeding diligently to obtain such entitlements. If the Community Development Director or their designee should find that construction has ceased or no other action of substantial character has been taken after building permits are issued and/or related construction has commenced, the Community Development Director or their designee may give notice of intent to modify the minor modification, or to revoke the minor modification pursuant to the procedures set forth division 12 of this article.

(c) Extensions of time up to a maximum of one (1) additional year may be granted from the date of expiration of an approved minor modification by the Community Development Director or their designee when extenuating circumstances can be clearly shown by the applicant. The request for the extension shall be submitted to the Community Development Director or their designee in writing prior to the expiration date and shall clearly state the reasons why the minor modification has not been acted upon. In considering a request for an extension of time, the Community Development Director or their designee may approve, modify, add conditions, or deny the request. The Community Development Director or their designee may not approve an extension if such approval would be in conflict with the General Plan or zoning code.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

No person shall violate or fail to comply with any approved minor modification or any conditions or provisions thereof nor shall a building permit be issued for any structure which would violate or fail to comply with any approved minor modification for the parcel or parcels on which such structure is to be located. In the event any such permit is issued, it shall be null and void and have no further effect.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)