Chapter 17.40


17.40.010    Purpose.

17.40.020    Application.

17.40.030    Procedure.

17.40.010 Purpose.

The modification procedure is intended to provide a method of reviewing and approving or disapproving minor or nonsubstantial changes to existing, previously approved development entitlements as provided for in this title and PVEMC Title 18, without deviating from any standards required pursuant to this code. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 685 § 2, 2008; Ord. 529 § 26, 1991)

17.40.020 Application.

A. In lieu of the procedures otherwise required pursuant to the provisions of this title or PVEMC Title 18, the director shall grant a minor modification of a previously approved development entitlement subject to such conditions as the director may impose if the director finds:

1. That the granting of the modification will not be detrimental to the public welfare or injurious to property and improvements in the area in which the property is located;

2. That the modification is consistent with the general plan and other zoning code and building code regulations; and

3. That the modification is consistent with the spirit and intent of the prior development entitlement approval(s).

B. The director may grant a minor modification to an approved development entitlement governing only the following measurable design and/or site considerations, which in no case may exceed the prescribed standards required pursuant to this code:

1. Relocation of improvements, other than buildings, on the property; provided, that the new location is not in a setback.

2. Lot coverage of a building or structure so long as such increase does not exceed two hundred square feet or ten percent of that previously approved, whichever is less.

3. Height of any structure so long as any increase in height is less than two feet or ten percent of that previously approved, whichever is less.

4. On-site circulation and parking, loading, and landscaping.

5. Placement of walls, fences, and structures.

6. Reconfiguration of architectural features and/or modification of finished materials that does not alter or compromise the previously approved theme.

7. Permission to repair or remodel nonconforming structures, if the work will bring the structures and their subsequent use into greater conformity with permitted uses.

8. Reduction in density or intensity of a development project.

9. Modifications required to conform to changes in the building code adopted after issuance of the development entitlement.

C. Any modification request which exceeds the prescribed limitations required pursuant to this title or PVEMC Title 18 shall require the filing of a new application and subsequent revision and consideration by the appropriate review authority. (Ord. 714 § 2, 2015; Ord. 700 § 2 (Exh. 1), 2012; Ord. 685 § 3, 2008; Ord. 529 § 26, 1991)

17.40.030 Procedure.

A. An application for a minor modification shall be filed with the director on a form prescribed by the director.

B. Each decision of the director to approve a minor modification shall be reported to the city council and the planning commission according to procedures established by the director. Notice of the decision shall be mailed to the applicant and all owners of real property abutting, across the street or alley from, or having a common corner with the subject property.

C. An interested party may appeal a decision of the director under this section to the planning commission by filing a written appeal with the director within fifteen days after such decision and paying the established appeal fee. The planning commission shall approve, approve with conditions, or disapprove the application in accordance with applicable criteria and requirements specified by law. The planning commission determination shall be final unless appealed to city council.

D. Fees for a minor modification application and for an appeal of a determination thereon shall be levied as provided for by this code and established by resolution of the city council. (Ord. 700 § 2 (Exh. 1), 2012)