Chapter 9.83 — PERMIT AMENDMENTS

Amendments or modifications of the conditions of approval, project design of an approved project, or the alteration or expansion of an approved use subject to a permit may be allowed through the approval of a permit amendment in compliance with this chapter. (Ord. 251, 11-18-2014)

• A. Amendments to projects approved in compliance with this chapter may be made on the following grounds:

1. Change of circumstances;

2. New information;

3. Correction of errors;

4. Public health, safety and welfare considerations; or

5. Changes in applicable general plan designation or policy or applicable zoning regulations. (Ord. 251, 11-182014)

The following types of amendments apply to all projects approved in compliance with this chapter, including development permits and land division approval:

A. Minor Amendments: A minor amendment may include changes to project design, improvements, or conditions of approval, if the amendment does not affect the overall concept, density or intensity of use of the approved project, and if it does not involve either a modification of a design consideration, or an improvement or a significant revision to a condition of approval which was a matter of controversy during the review and approval of the original permit, or which was required to mitigate a significant adverse environmental effect.

B. Corrections: A correction is a change which corrects an error or omission in an approval which is otherwise at variance with the decision of the review authority or at variance with town ordinances or regulations, and which correction does not involve either a modification of a design consideration, an improvement or a condition of approval which was a matter of controversy during the review and approval of the original permit, or which was required to mitigate a significant adverse environmental effect.

C. Correction And Amendment Of Subdivision Maps: The correction and amendment of subdivision maps are provided for in section 9.92.080, "Correction And Amendment Of Recorded Maps", of this title.

D. Major Amendments: Any change to an approval which does not qualify as a minor amendment, correction, or correction and amendment of a subdivision map, as defined in subsections A, B, and C of this section, shall be deemed a major amendment. (Ord. 251, 11-18-2014)

A. Initiation: Except as otherwise provided herein, any amendment may be initiated by the current holder of the approval, the director, the commission, or the council.

1. Initiation By The Director: The director may initiate amendments involving minor variations and corrections. The director shall send written notice of the pending action to amend the current permit to the current holder of the

approved permit at least thirty (30) days prior to taking action on the amendment.

2. Initiation Of Corrections And Amendments Of Subdivision Maps: The procedures and review authority for correction and amendment of subdivision maps are provided in section 9.92.080, "Correction And Amendment Of Recorded Maps", of this title.

3. Council Initiation: The council, based upon a recommendation from the commission may initiate an amendment. If the amendment is initiated by the council, a resolution of intention shall be adopted. Such resolution of intention shall provide notice to the current holder of the approved permit at least thirty (30) days prior to an action being taken on the amendment, unless the public health, safety or welfare requires more immediate action.

4. Initiation By Current Holder Of Approved Permit: Permit amendments initiated by the current holder of an approved permit shall be made on forms provided by the planning division.

• B. Review Authority: Except as otherwise provided in this code, the review authority for a permit amendment shall be as follows:

1. Minor Amendments And Corrections: The director shall be the review authority for minor variations and corrections. No public hearing or notice of adjacent property owners shall be required.

2. Correction And Amendment Of Subdivision Maps: The procedures and review authority for the correction and amendment of subdivision maps are provided in section 9.92.080, "Correction And Amendment Of Recorded Maps", of this title.

3. Major Amendments: The review authority and processing procedures for major amendments shall be the same as for the original approval.

4. Amendment Initiated By The Council: Amendments initiated by the council shall be reviewed and final action shall be taken by the body which initiated the amendment, unless the original approving body was the council, in which case the council shall take final action.

• C. Referral To Next Higher Review Authority: The provision of section 9.60.040 of this title authorizing referral to the next succeeding review authority are applicable to all types of amendments. (Ord. 251, 11-18-2014)

Permit amendments of any type shall not be approved unless the review authority is able to make the findings required for approval of the original permit application. (Ord. 251, 11-18-2014)

The hearing on an application for a permit amendment shall be limited to that part of the project approval affected by the amendment application, unless the review authority finds that the amendment proposed should not be considered in isolation from all or any part of the project approval. (Ord. 251, 11-18-2014)