Chapter 19.45 — MINOR AND MAJOR MODIFICATIONS

The purpose of this chapter is to provide for minor and major modifications to previously-approved plans or permits, based on the degree of change from a previously-approved plan or permit.

(Ord. 2001-02 § 1, 2001.)

(A) A minor modification is defined as a nonsubstantive change of a previously-approved plan or permit. Examples of changes typically considered minor in nature include:

(1) To allow the minor reconfiguration of an architectural feature or features that individually or cumulatively do not modify the previously-approved design theme or plan for the project;

(2) To allow minor changes to approved building footprints within the buildable area of a project site;

(3) To allow the minor reconfiguration or striping of parking lots that will not decrease the number of parking spaces for an approved project;

(4) To allow minor changes in building materials and colors for an approved project;

(5) To allow the addition of minor structures or structural additions to an approved project, provided that such structures will not increase the total buildable area by more than five percent;

(6) To allow the fulfillment of a condition of approval in a manner that may vary from that specified in the original conditions, provided that the intent and purpose of such original condition is fully met;

(7) To allow minor changes to conditions of approval;

(8) Other requests similar to the above-listed minor modifications, as determined by the community development director.

(B) A major modification is defined as a significant revision of a previously-approved plan or permit. Examples include:

(1) An increase in the number of dwelling units proposed in a residential subdivision or development;

(2) A greater than five percent increase in the square footage of an approved structure or use;

(3) A change to the overall architectural design concept of an approved building;

(4) A significant reduction in site landscaping or open space shown on an approved development plan;

(5) A significant reconfiguration of roadway or parking lot design;

(6) A significant increase in grading and earth moving activities;

• (7) Significant changes to or deletions of conditions of approval;

(8) Other similar changes of a substantive nature as determined by the community development director.

(Ord. 2001-02 § 1, 2001.)

(A) Application. An application for a minor or major modification shall be filed with the community development department on forms prescribed by the director, along with any plans, maps or additional information required by the director. The application shall include, in part, a narrative description of the proposed change(s) and an explanation of why the change(s) is/are sought.

(B) Review and Approval Authority.

(1) A minor modification application shall be reviewed and approved, conditionally approved, or denied by the community development director in accordance with Chapter 19.40, Review and Approval Procedures.

(2) A major modification application shall be reviewed and approved, conditionally approved, or denied by the original decision making authority in accordance with Chapter 19.40.

(C) Terms and Conditions. Any minor or major modification approval may include such terms and conditions as deemed necessary or appropriate by the director or commission to affect the purposes of this title. If no additional terms or conditions are specified, the minor or major modification shall be considered unconditional and valid for an indefinite period.

(D) Required Findings. The director or commission may approve or conditionally approve a modification application if all of the following findings are made:

(1) The modification is in substantial conformity with the previously approved plan or permit, or if the change is substantive, that the revised project is equivalent to the original project design concept in terms of consistency with city design and development standards and policies.

(2) The modification will not create impacts substantially different from those of the previously approved project.

(3) The granting of the modification will not be materially detrimental to the public health, safety, or welfare, or to property or residents in the vicinity.

(4) The proposed modification is consistent with the policies and exhibits contained in the general plan.

(Ord. 2001-02 § 1, 2001.)

Any modification issued pursuant to this chapter may be revoked or modified pursuant to Chapter 19.40.

(Ord. 2001-02 § 1, 2001.)