Amendment of an approved permit may be initiated by submitting a letter clearly describing the proposal, or filing an application with the Planning Department. Such amendment may involve a change to the approved use, alteration of the approved structure, a change in the configuration of site improvements, and/or modification or deletion of one or more conditions of approval. There are three classifications of permit amendments based on their significance, consequences, and/or the amount of additional processing and review required.
.010 Administrative Amendments. Administrative amendments are modifications that may be reviewed and approved by the Planning Director. Such amendments include tenant improvements, facade remodeling and minor building additions where parking is not impacted.
.020 Minor Amendments. Minor amendments require Planning Commission or Planning Director consideration to determine whether the amendment is in substantial conformance with the use and/or the plans that were originally approved. Such review authority may approve in whole or in part, conditionally approve, or deny the amendment. Minor amendments do not require a public hearing, unless the review authority determines, at its discretion, that a public hearing is appropriate.
.0201 The underlying zoning and the General Plan land use designation for the area in which the amendment is proposed have not changed significantly since the permit was originally approved;
.0202 No new waivers of code requirements are needed, excluding administrative adjustments;
.0203 The conditions of approval are not proposed to be substituted or amended, except the substitution or modification to the conditions of approval of a permit previously approved when a written finding is made that the substitute or amended conditions are equivalent or more effective;
.0204 No substantive changes to the approved site plan are proposed;
.0205 The nature of the approved use is not significantly changed;
.0206 The approved use is not intensified; and
.0207 No new or substantially greater environmental impacts would result.
.030 Major Amendments. Major amendments are processed in the same manner as a new permit and subject to a new public hearing, unless such permit is subject to the Planning Director review pursuant to this chapter. An amendment shall be considered major if it does not meet any one or more circumstances in subsection .020 above. The review authority may approve in whole or in part, conditionally approve, or deny the amendment.
.040 Findings. Except for an amendment to a use variance, before a minor or major amendment may be approved, the review authority shall make the findings required for the original permit approval.
.050 Use Variances. State law has established basic criteria and standards for variances, which the City has incorporated into its Zoning Code. However, prior to the adoption of these criteria, the City granted variances that authorized a use or activity on the basis of standards that were previously contained in the Zoning Code (herein referred to as a “Use Variance”). This land use entitlement was similar to a Conditional Use Permit. The following shall apply to new and previously-approved Use Variances:
.0501 New Use Variances Prohibited. A Use Variance shall not be granted to authorize a use or activity which is not otherwise expressly authorized by the regulations governing a parcel of property under the Zoning Code.
.0502 Amendment of a Previously-Approved Use Variance. Amendment of a previously-approved Use Variance shall be processed as a Major Amendment. Before the Planning Commission, or City Council on appeal, may approve an amendment to a Use Variance, it must make a finding of fact, by resolution, that the evidence presented shows that all of the conditions set forth in subsections .020 through .050, inclusive, of Section 18.66.060 (Findings) of Chapter 18.66 (Conditional Use Permits) exist. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6156 § 33; September 22, 2009: Ord. 6382 § 11; October 18, 2016: Ord. 6432 § 36; April 10, 2018: Ord. 6555 § 63; April 4, 2023.)