A development or new land use authorized through approval of a land use entitlement permit shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project are approved in compliance with this section. Changes may be requested either before or after construction, or establishment and operation of the approved use.
A change under this section is a request for a determination of substantial conformance with an approved permit, in compliance with the following:
A. Applications. Applications for substantial conformance shall be filed in writing with the director, accompanied by the fee(s) established by the council's fee resolution, and shall include the following:
1. All information identified in this development code for the filing of a new application for the permit sought to be modified, unless the requirement is waived by the director;
2. A statement explaining the proposed modification(s) and the reason the modification(s) has been requested; and
3. Additional information required by the director.
B. Substantial Conformance to an Approved Permit. A substantial conformance is a request for a minor modification to an approved permit that does not substantially change the original approval or the effect of the permit on surrounding property. A substantial conformance is limited to the following:
1. Changes to conditions(s) of approval that do not circumvent the purpose and intent of the original condition(s).
2. Minor modifications to architectural features, colors, materials, or structural alterations that do not change the basic architectural concept.
3. Minor modifications to site plans, landscaping plans, lighting plans, that do not change the basic concept of the plans, including:
a. Reorientation of buildings;
b. Relocation, deletion, or addition of access driveways;
c. Modifications to on-site circulation that do not affect adjacent properties; and
d. Relocation, deletion, or addition of ancillary structures (e.g., trash enclosures, mechanical equipment or other similar structures).
4. Changes that are within the scope of a previously adopted negative declaration or environmental impact report in compliance with California Environmental Quality Act guidelines Section 15162.
5. Changes in use that the director determines are substantially the same in character and intensity as the original use, and are within the thresholds described above.
6. Other minor modifications, not identified above, that the director determines are similar to those de-scribed above.
C. Revised Permit. A revised permit is required when the change(s) does not meet or exceeds the thresholds/criteria described above.
D. Procedure.
1. Substantial Conformance. The director shall approve, or deny an application for a substantial conformance within forty-five (45) 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(s) who has filed a written required for notice. The director's determination shall be based upon the standards of this section and those standards identified in this development code for the approval of the original permit. An application for substantial conformance shall not require a public hearing.
2. Revised Permit. An application for a revised permit shall be approved, conditionally approved, or disapproved in compliance with the procedures for processing the original permit, including any requirements for notice of hearing, public hearing, and all rights of appeal, in compliance with Chapter 16.78 (Appeals). A revised permit shall be subject to the development standards applicable to approval of the original permit.
E. Approval Period. The approval of an application for a substantial conformance or a revised permit shall be valid until the expiration of the original permit, unless an extension of time has been granted by the approved revised permit.
F. California Environmental Quality Act. An application for substantial conformance may be approved only if the proposed modification is exempt from the provisions of the California Environmental Quality Act (CEQA).
(Ord. 538, Exhibit A (part), 2018; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)