Camarillo Municipal Code Ch. 19.68 Modifications

Footnotes:

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Editor's note— Ord. No. 1104, § 3(Exh. A), adopted Feb. 25, 2015, amended Ch. 19.68 in its entirety to read as herein set out. Former Ch. 19.68, §§ 19.68.010, 19.68.020, pertained to administrative minor modifications, and derived from prior Code § 9606(A), (B); Ord. No. 403, § 1, adopted 1978.

When in the public interest, the director or the planning commission may consider and approve modifications of previously approved permits as specified in this chapter.

(Ord. No. 1104, § 3(Exh. A), 2-25-2015)

A request for a modification of an approved development permit or conditional use permit pursuant to this chapter may be filed by any property owner or agent acting on behalf of property owner. The request will be reviewed by the director and classified into one of the following categories:

A. Administrative Permit Adjustment. Any change which would not alter any of the findings pursuant to this title, nor any findings contained in the environmental documentation prepared for the permit, and would not have any adverse impact on surrounding properties, may be deemed an administrative permit adjustment subject to the issuance of a zoning clearance, with any conditions imposed by the director in the director's sole discretion, without a hearing. Such changes may include, but are not limited to, the following:

1. A maximum increase or decrease of ten percent or five thousand square feet, whichever is less, in the floor area of a previously approved structure;

2. A maximum decrease of ten percent of the area of an approved landscaping plan. Reductions greater than ten percent may be approved as an administrative permit adjustment if the reduction is the result of an approval in an increase of floor area of a previously approved structure as provided in Section 19.68.020(A)(1);

3. The conversion of landscaping to artificial turf and drought tolerant themes in accordance with Section 19.38.060;

4. Minor exterior architectural changes or embellishments involving no change in basic architectural style;

5. The addition of ancillary mechanical equipment when it can be shown that noise from the equipment will not create a nuisance to the adjoining property.

6. Minor changes to an approved planned development or conditional use plan, including the addition of ancillary structures, not affecting the placement of the primary structure on the site or the number of parking spaces required.

B. Administrative Minor Modification. Any change which would not conflict with any of the required findings pursuant to this title, nor any analysis or mitigation measures contained in the original environmental documentation prepared for the permit and would not have any adverse impact on surrounding properties, but is determined by the director to rise to a level of increased or decreased use or intensity such that the requested modification cannot qualify for an administrative permit adjustment, may be deemed an administrative minor modification subject to the issuance or a minor modification permit, with any conditions imposed by the director in the director's sole discretion, without a hearing. Administrative minor modifications are limited to the following:

1. Yards. Reduction of yards and distance between buildings by not more than twenty percent of the requirement of the zone.

2. Parking Spaces. Reduction of number of required parking spaces by not more than ten percent, and modification of other parking design standards, as provided in Sections 19.44.130 through 19.44.280.

3. Slope and Hillside Areas. For areas with a grade of eight percent or more, modification of building height to a maximum of thirty feet and modification of front yard to a minimum of ten feet, upon approval of a site plan, elevations, and a grading map showing existing and finished contours. Approval must be based on the finding that such minor modification will not have a detrimental effect upon adjacent properties.

4. Modification of a landscaping plan approved under a planned development permit or conditional use permit for other than a reduction in landscape area as allowed under Section 18.68.020(A)(2)

5. Gates and Entrances. Height of entrance walls and gates may be modified to extend above that allowed in front and side-front setback areas when approved by the architectural advisory committee of the planning commission. The modification must be based on the findings that the limited height extension is architecturally acceptable and creates no interference with sight clearance or corner cutoff; and, in addition, no detrimental effects will be created by the modification to adjacent properties in the same vicinity and zone. Elevations, colors and materials are to be submitted as part of the application for an administrative minor modification.

6. Trash Enclosures. When hardship is created by the provisions of the trash enclosure regulations, minor modifications may be applied to reduce the requirements of Chapter 19.50.

C. Major Modifications. All requested modifications not classified by the director as administrative permit adjustments or administrative minor modifications are major modifications and must be approved by the body that originally approved the permit, subject to the same notice, hearing, review criteria and appeal procedures required by this title for consideration of the original permit.

(Ord. No. 1104, § 3(Exh. A), 2-25-2015)

The following procedures apply to requests for modifications:

A. Once the director classifies a modification request, the requestor must either complete a zoning clearance form for the approval of an administrative permit adjustment, or a modification application for the approval of an administrative minor modification, or a major modification, and pay the appropriate fee, as established by city council resolution.

B. The director may refer any request for a modification of architectural design to the architectural review committee of the planning commission for review and determination of approval or denial of the modification request.

C. The director may refer any request for modification to the planning commission to advise the director as to the proper classification level of approval for the request; or, the director may refer the application to the planning commission for review and determination of approval or denial.

D. In approving a minor modification, the director must determine that the adjustments are necessary to make reasonable use of the land and that adequate protection has been provided to protect the public peace, health, safety and welfare and may include conditions of approval. The director will make a decision in writing within fourteen days after the acceptance of a complete application, unless the director has referred the decision to the architectural review committee of the planning commission or to the planning commission. One copy will be mailed to the applicant and one copy will be filed with the secretary of the planning commission.

1. If the director has referred the decision to either the architectural review committee of the planning commission or to the planning commission, the request for modification will generally be placed on the next available agenda of the respective body.

2. If the applicant is dissatisfied with a decision of the director, the applicant may appeal the decision to the planning commission, where the determination will be final. The applicant must pay the appropriate fee for the appeal of the director's decision to the planning commission as established by city council resolution.

E. If the applicant is dissatisfied with a decision of the architectural review committee of the planning commission, the applicant may appeal the decision to the planning commission, where the determination will be final. The applicant must pay the fee for the appeal of the architectural review committee's decision at the same fee rate as that of an appeal of a director's decision to the planning commission, as established by city council resolution.

F. Any person may appeal, and the city council may issue an order of review of, a decision of the planning commission for the approval, conditions of approval, or denial of a modification request. Such appeal and council order of review must be made in accordance with the city council appeal and order of review provisions of the zone in which the subject property is located, and must be filed with the director within ten days of the date the commission's decision is made.

(Ord. No. 1104, § 3(Exh. A), 2-25-2015)