Chapter 17.228 — MODIFICATIONS TO APPROVED PERMITS

Chapter 17.228 - MODIFICATIONS TO APPROVED PERMITS*

Sections:

A request for approval of a modification to an approved plot plan, conditional use permit, public use permit, second unit permit, mobilehome permit under Chapter 17.260, or variance, shall be made in accordance with the provisions of this chapter. A modification under this chapter means a determination of substantial conformance or a request for a revised permit as further defined herein, These provisions shall not be applicable to wind energy conversion system permits.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.43 (part))

Applications for substantial conformance or revised permit shall be filed in writing with the planning director, accompanied by the fees as set forth in county Ordinance No. 671, and shall include the following:

A.

All information required under this title for the filing of a new application for the permit sought to be modified, unless the requirement is waived by the planning director;

B.

A statement explaining the proposed modification and the reason the modification has been requested;

C.

A list of names and addresses of all owners of real property as required by the county, and such additional names and addresses required in order to conform with the notification requirements for processing a permit if the application requires a public hearing;

D.

Such additional information as shall be required by the planning director.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.43(a))

17.228.030 - Requests for substantial conformance.

A.

A substantial conformance is a request for a nonsubstantial modification of an approved permit which does not change the original approval or the effect of the approval on surrounding property. A substantial conformance may include, but is not limited to the following:

1.

Modifications for upgrading facilities;

2.

Modifications for compliance with the requirements of other public agencies;

3.

Modifications necessary to comply with the final conditions of approval;

4.

Modifications to on-site circulation and parking, lighting, fencing or walls (placement and/or height), landscaping and/or signage requirements, provided the modifications, as determined by the planning director, will have no adverse effect upon public health, safety, welfare and/or the environment.

B.

Notwithstanding any provision herein to the contrary, an application for substantial conformance may be approved only if the proposed modification is exempt from the provisions of the California Environmental Quality Act.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.43(b))

A "revised permit" means a modification of an approved permit which does not change the basic concept or use allowed by the original approval. A revised permit may include, but is not limited to, a significant increase in intensity of the approved use, changes resulting in significant adverse effects, expansion within the approved permit area, and changes to the original conditions of approval, including extensions to the overall life of the permitted use, as determined by the planning director.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.43(c))

17.228.050 - Processing procedures.

A.

Substantial Conformance. The planning director shall approve, conditionally approve or disapprove an application for substantial conformance within thirty (30) days after accepting a completed application and give notice by mail of the decision, including any additional conditions of approval, to the applicant and any other person who has filed a written request for notice.

1.

The planning director's determination shall be based upon the standards of this section and those standards set forth in this ordinance for the approval of an original application.

2.

An application for substantial conformance shall not require a public hearing.

B.

Revised Permit. An application for a revised permit shall be approved, conditionally approved or disapproved in accordance with the procedures for processing an original permit, including any requirements for public hearing, notice of hearing, and all rights of appeal. A revised permit shall be subject to the development standards applicable to approval of a new permit.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.43(d))

The approval of an application for substantial conformance or revised permit shall be valid until the expiration of the original permit, unless an extension of time has been granted by an approved revised permit.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.43(e))