§ 17.64.050. Changes to an Approved Project

Development or a new land use authorized through a permit granted in compliance with this Zoning Code shall be established only as approved by the applicable review authority and subject to any conditions of approval, except where changes to the project are approved in compliance with this Section.

A.

Request for change.  

1.

An applicant may apply for changes to the project as approved, including the conditions of approval, only twice in a single calendar year. Changes to the time limits or extensions shall not be permitted except as allowed under Subsection D (Time limits).

2.

The applicant shall request the desired changes in writing and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.

3.

The application for the changes shall be processed, and may be appealed or called for review, in compliance with the same procedures required for the original permit application.

4.

Before approval of the changes, the applicable review authority shall make the findings required for the original approval, and the additional finding that there are changed circumstances sufficient to justify the modification of the original approval.

5.

Changes may be requested either before or after construction or establishment and operation of the approved use.

B.

Minor changes. The Director may approve changes to an approved site plan, architecture, or the nature or conditions of the approved use if the changes:

1.

Are consistent with all applicable provisions of this Zoning Code;

2.

Do not involve a feature of the project that was specifically addressed in, or was a basis for findings in a Negative Declaration (ND), Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR) for the project;

3.

Do not involve a feature of the project that was specifically addressed in, or was a basis for conditions of approval for the project, or that was a specific consideration by the applicable review authority in the approval of the permit; and

4.

Do not expand the approved floor area or any outdoor activity area by 10 percent or more over the life of the project.

C.

Major changes. Changes to the project that do not comply with Subsection B., above, shall only be approved by the applicable review authority through a new permit application. Notice shall be given in the same manner as required for the original application, in compliance with Chapter 17.76 (Public Hearings).

D.

Time limits.  

1.

If a major change is approved within three years of the initial approval, the three-year time limit for the entitlement shall start on the date on which the major change was approved. Extensions to the major change may be requested. Any subsequent requests for a major change shall not reset the time limits.

2.

If a major change is approved in the fourth or fifth year of approval, the three-year time limit for the entitlement shall start on the date on which the major change was approved. No subsequent requests for extensions of time shall be allowed, and no subsequently granted major change will extend the time limits.

(Ord. 7215 § 6, 2011)