Article 31 — Changes to an Approved Project

The purpose of Title 10 , Chapter 2 , Article 31 (Changes to an Approved Project) is to provide procedures for obtaining City approval of requested changes to a previously approved development project. (§ 3, Ord. 771, eff. February 13, 2004, as amended by § 106, Ord. 941, eff. November 10, 2023)

• (a) Application.

  • (1) A development or new land use allowed through a conditional use permit, design review permit, home occupation permit, planned development permit, temporary use permit or variance shall be in substantial compliance with the approved drawings and plans, any statements (written or oral) made in support of the application, and any conditions of approval imposed by the review authority, except where changes to the project are approved in compliance with this article.

  • (2) An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.

  • (3) Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to the project (e.g., hours of operation, expansion of a use) as originally proposed by the applicant or approved by the review authority.

  • (4) Changes shall be approved before implementation of the changes, and may be requested either before or after construction or establishment and operation of the approved use.

• (b) If the matter originally required a noticed public hearing, the review authority shall hold a public hearing on the requested major change(s), and give notice, in compliance with Article 29 of this chapter.

• (c) The Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use if the changes:

  • (1) Are consistent with all applicable provisions of these Zoning Regulations and the spirit and intent of the original approval;

  • (2) Do not involve a feature of the project that was:

    • (A) A basis for findings in a negative declaration or environmental impact report for the project,

    • (B) A basis for conditions of approval for the project, or

    • (C) A specific consideration by the review authority (e.g., the Director, Commission, or Council) in the approval of the entitlement;

  • (3) Do not result in an expansion of the use.

• (d) Major changes are changes to the project that:

  • (1) Would not be consistent with all applicable provisions of these Zoning Regulations and the spirit and intent of the original approval;

  • (2) Could involve a feature of the project that was:

    • (A) A basis for findings in a negative declaration or environmental impact report for the project,

    • (B) A basis for conditions of approval for the project, or

    • (C) A specific consideration by the review authority (e.g., the Director, Commission, or Council) in the approval of the entitlement.

  • (3) Could result in an expansion of the use;

(4) May only be approved by the review authority through a new entitlement application or modification, processed in compliance with these Zoning Regulations.

(§ 3, Ord. 771, eff. February 13, 2004)