Article 28 — MODIFICATION OF CONDITIONS

a) Whenever a change of zone, variance, waiver, conditional use permit, subdivision of land or other form of planning or zoning action (except as may be prohibited by the Subdivision Map Act) has been granted by the City Council, Planning Commission or other body, commission or City official authorized to take such action, major conditions of approval may be eliminated, or materially altered by the Council, Commission, body or official originally granting the planning or zoning action by complying with the original requirements for notification, publication or hearing. If the request for elimination or material alteration of conditions is initiated by the applicant for the original planning or zoning action, the Council, Commission, body or official considering the request may add other reasonable conditions.

b) In the event a request is made to modify or eliminate a condition of approval, and that condition or the requested modification is determined to be minor, as provided in Section 92.28.3., the Planning Director for good cause, without a public hearing, may amend or delete such condition provided that no act or obligation so imposed may be increased or made more onerous by such procedure without the consent of the parties required to perform such an act or obligation.

c) Each week the Planning Director shall prepare or cause to be prepared a list of each such request for modification or deletion of conditions upon which he has made a determination, and he shall distribute a copy of said list to each Council member, the City Manager and to the Planning Commission. The lists shall be published in the minutes of the Planning Commission and a copy shall be posted on not less than two (2) bulletin boards within the City Hall which are easily accessible to the public.

Applications for such modification without hearing shall be filed with the Planning Director and be accompanied by a fee as provided in Chapter 9 of this Division. The application shall include such information as is prescribed by the Planning Director.

The Planning Director shall promptly schedule requests for modification before the Council, Commission, body or official making the original determination in the matter, unless the Planning Director shall determine that the request for modification is minor, in which event he may make the modification as provided in Section 92.28.1.

Minor modifications are those modifications which meet the following criteria:

1. The deletion or modification of the conditions will not affect the rights of adjacent property owners or tenants or otherwise would constitute an adverse impact on them.

2. The deletion or modification of the conditions will not violate any ordinance or law.

3. The deletion or modifications will not make a material change in the concept or execution of the project as approved by the Council, a Commission, body or official.

4. There is a hardship to the applicant if the deletion or modification is not granted.

5. The deletion or modification will not be contrary to any established planning or zoning policies of the Council, a Commission, body or official for the particular project under consideration as determined by a review of the minutes or other records of the original approval.

a) The determination of the Planning Director, either deleting or modifying a condition, or his refusal to consider such a matter may be appealed to the Planning Commission and notice provided in the same manner as prescribed for the planning or zoning action in which the original grant of approval was made. The fee for an appeal to the Planning Commission shall be Fifty Dollars ($50.00) plus the appropriate fee for notification.

b) The decision of the Planning Commission may be appealed to the City Council pursuant to the provisions of Article 5, Chapter 1, Division 1 commencing at Section 11.5.1