Division 4 — MODIFICATIONS TO PLANNING PERMITS

(A) Where a planning permit such as a special use permit, planned development permit, development design review permit, or site plan review has been previously approved, the Director may elect to modify that existing permit in lieu of requiring the application and approval of a new special use or development design review permit for a proposed physical modification or use clearance, provided such physical modification is within the parameters for minor modifications provided for in this chapter or by administrative policy.

(B) Modifications to planning permits that do not intensify the use of the parcel or have any additional adverse effect on abutting parcels or the general health, safety, or welfare are eligible for review as minor modifications. A minor modification may allow for an increase or decrease of the following elements of the approved development, by no more than 10%.

• (1) Approved building height;

• (2) Approved setback distances;

• (3) Landscape coverage;

• (4) Building floor area;

• (5) Site building coverage;

• (6) Dimensional standards for parking, loading and circulation that do not result in a reduction in the required parking and loading spaces;

• (7) Outdoor open space requirements;

• (8) Other approved numerical development standards.

• (9) Exclusions: minor modifications to planning permits shall not be granted for the following standards:

• (a) Minimum number of required parking spaces;

• (b) Floor area ratio or residential density.

(10) In no case may the increase or decrease be below the minimum or exceed maximum standards established by the city code. In no case shall a minor modification be granted pursuant to this chapter to permit a use or activity that is not otherwise permitted in the zone where the property is located.

(C) Modifications to building elevations may be considered under a minor modification, provided that modified elevations comply with applicable objective design standards and applicable zoning regulations contained in this chapter and other adopted standards.

(D) An application for a minor modification shall be filed with the Director pursuant to the city’s submittal checklist, as applicable, shall be submitted with a letter outlining the requested modification. The application shall state in writing the nature of the modification requested and explain why the findings necessary to grant the modifications identified in Section 16-560.1 can be satisfied.

(E) Fees for filing an application for a minor modification shall be set by resolution of the City Council.

(F) Upon review of the application, the Director shall issue a written decision approving, conditionally approving or denying the application within the time period prescribed by State law.

(G) The Director's decision to approve, conditionally approve a minor modification may be appealed to the Planning Commission within ten days of the date of issuance, in accordance with the procedure for a public hearing pursuant to state law. The decision of the Planning Commission shall be final. Appeals of a denial by the Director may be made by filing a major modification application for consideration by the Planning Commission.

(H) If a minor modification application is processed concurrently with a required discretionary permit the review authority with jurisdiction over the discretionary permit shall also have review authority over the minor modification. (Ord. No. 3039, 3074)

In order to grant a minor modification to a planning permit, the review authority must make the following findings:

(A) All provisions of this article are met;

(B) The proposed minor modification is consistent with the applicable general plan policies and is in conformance with applicable zoning regulations contained in this chapter and other adopted standards;

(C) The approval or conditional approval of the minor modification will not be detrimental to public health, safety, or general welfare.

(Ord. No. 3039, 3074)

(A) Changes to an approved planning permit that do not qualify as minor modifications under Section 16-560 shall be handled in a manner similar to the initial application. Major modifications are those that involve substantial increases in coverage, major additions to the buildings or structures, creation of extra parking needs, traffic or other site problems and shall be heard by the Planning Commission.

(B) Applications shall include the same submittal material required for the initial application identified in this chapter and shall be submitted to the Planning Division. The application shall state in writing the nature of the modification(s) requested.

(C) Fees for filing an application for a major modification shall be set by resolution of the City Council.

(D) An application for a major modification shall be heard and notice shall be provided in the manner required under the initial planning permits.

(`64 Code, Sec. 34-110.2) (Ord. No. 916, 1409, 3039, 3074)

In order to grant a major modification, the review authority must make the findings of the modified permit. (Ord. No. 3039, 3074)