Chapter 4.6
Modifications to Approved Plans and Conditions of Approval
Sections:
4.6.100 Purpose
The purpose of this Chapter is to provide an efficient process for modifying land use decisions and approved development plans, in recognition of the cost and complexity of land development and the need to conserve City resources.
4.6.110 Applicability
A. This Chapter applies when an applicant proposes to modify an approved application or condition of approval. (e.g. Development Review, Site Design Review, Conditional Use Permit, Land Division or other Type I, Type II or Type III land use decision).
B. This Chapter does not apply to Type IV legislative decisions, land use district (zone) changes, amendments to this Code, amendments to any other land use regulation, variances and/or temporary permits.
4.6.120 Major Modifications.
A. Major Modification Defined. The City Planner shall determine that a major modification(s) is required if one or more of the changes listed below are proposed:
1. A change in land use to a more intensive use; as evidenced by parking, paved area, an estimated increase in automobile or truck trips (peak and/or average daily trips), an increase in hours of operation, an increased demand for parking, additional paved area, or similar factors, where the increase is 10 percent or more;
2. An increase in the number of dwelling units;
3. A change in the type and/or location of vehicle access points, driveways or parking areas that affect off-site traffic;
4. An increase in the floor area proposed for non-residential use by more than 20 percent where previously specified;
5. A reduction of more than 20 percent of the area reserved for common open space and/or usable open space;
6. A reduction to specified setback requirements by more than 20 percent, or to a degree that the minimum setback standards of the land use district cannot be met; or
7. Changes similar to those listed in 1-6, which are likely to have an adverse impact on adjoining properties.
The City Planner shall have discretion in determining whether a proposed change is a Major Modification or a Minor Modification.
B. Major Modification Application and Submission Information. An application for a major modification shall include an application form, filing fee, letter describing the modification, and site plan using the same plan format as in the original approval. The City Planner may require other relevant information, as necessary, in evaluating the request.
B. Major Modification Approval Criteria.
1. A Major Modification request shall be subject to the same review procedure (Type I, II, or III) and approval criteria used for the initial project approval.
2. The scope of review shall be limited to the modification request. For example, a request to modify a commercial development’s parking lot shall require Site Design Review only for the proposed parking lot and any changes to associated access, circulation, etc.
3. The City shall approve, deny, or approve with conditions an application for major modification based on written findings of compliance or noncompliance with the requirements of this Code (e.g. land division, Site Design Review, Conditional Use Permit, etc.) and the conditions of approval of the original decision.
4.6.130 Minor Modifications
A. Minor Modification. Any modification to a land use decision or approved development plan which is not within the description of a major modification as defined in Section 4.6.120, above, shall be considered a minor modification.
B. Minor Modification Application and Submission Information. An application for minor modification shall include an application form, filing fee, letter describing the modification, and site plan using the same plan format as in the original approval. The City Planner may require other relevant information, as necessary, in evaluating the request.
C. Minor Modification Approval Criteria.
1. The City Planner will review an application for approval of a minor modification using either a Type I procedure in Section 4.2.120 or a Type II procedure, depending on whether or not the proposal involves the exercise of discretion or may impact other agencies.
2. The City Planner shall approve, deny, or approve with conditions an application for minor modification based on findings of compliance or noncompliance with the applicable requirements of this Code and the conditions of approval of the original decision.