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DIVISION 4. MODIFICATIONS TO SPECIAL USE PERMITS
(A) Modifications to special use permits that do not intensify the use of the parcel or have any additional adverse effect on abutting parcels or the general health, safety, or welfare are eligible for review as minor modifications. A minor modification may allow for an increase or decrease of the following elements of the approved development, by no more than 10%.
(1) Approved building height;
(2) Approved setback distances;
(3) Landscape coverage;
(4) Building floor area;
(5) Site building coverage;
(6) Dimensional standards for parking, loading and circulation that do not result in a reduction in the required parking and loading spaces;
(7) Outdoor open space requirements;
(8) Other approved numerical development standards.
(9) Exclusions: minor modifications to special use permits shall not be granted for the following standards:
(a) Minimum number of required parking spaces;
(b) Floor area ratio or residential density.
(10) In no case may the increase or decrease be below the minimum or exceed maximum standards established by the city code. In no case shall a minor modification be granted pursuant to this chapter to permit a use or activity that is not otherwise permitted in the zone where the property is located.
(B) Modifications to building elevations may be considered under a minor modification, provided that modified elevations comply with applicable objective design standards and applicable zoning regulations contained in this chapter and other adopted standards.
(C) An application for a minor modification shall be filed with the Director. Three copies of the site plan, elevation and landscape plan, if applicable, shall be submitted with a letter outlining the requested modification. The application shall state in writing the nature of the modification requested and explain why the findings necessary to grant the modifications identified in Section 16-560.1 can be satisfied.
(D) Fees for filing an application for a minor modification to a special use permit shall be set by resolution of the City Council.
(E) Upon review of the application, the Director shall issue a written decision approving, conditionally approving or denying the application within the time period prescribed by State law.
(F) The Director's decision to approve, conditionally approve a minor modification to a special use permit may be appealed to the Planning Commission within ten days of the date of issuance, in accordance with the procedure for hearing an application for a special use permit as provided in this chapter. The decision of the Planning Commission shall be final. Appeals of a denial by the Director may be made by filing a major modification application for consideration by the Planning Commission.
(G) If a minor modification application is processed concurrently with a required discretionary permit the review authority with jurisdiction over the discretionary permit shall also have review authority over the minor modification.
(Ord. No. 3039)
In order to grant a minor modification to a special use permit, the review authority must make the following findings:
(A) All provisions of this article are met;
(B) The proposed minor modification is consistent with the applicable general plan policies and is in conformance with applicable zoning regulations contained in this chapter and other adopted standards;
(C) The approval or conditional approval of the minor modification will not be detrimental to public health, safety, or general welfare.
(Ord. No. 3039)
(A) Changes to an approved special use permit that do not qualify as minor modifications under Section 16-560 shall be handled in a manner similar to the initial application for the special use permit. Major modifications are those that involve substantial increases in coverage, major additions to the buildings or structures, creation of extra parking needs, traffic or other site problems and shall be heard by the Planning Commission.
(B) Applications shall include the same submittal material required for a special use permit under Section 16-533 of this chapter and shall be submitted to the Planning Division. The application shall state in writing the nature of the modification(s) requested.
(C) Fees for filing an application for a major modification to a special use permit shall be set by resolution of the City Council.
(D) An application for a major modification to a special use permit shall be heard and notice shall be provided in the manner required under Division 3 of this article for a special use permits.
(`64 Code, Sec. 34-110.2) (Ord. No. 916, 1409, 3039)
In order to grant a major modification to a special use permit the review authority must make the findings for granting a special use permit in Section 16-531 of this chapter.
(Ord. No. 3039)
DIVISION 5. VARIANCES
(A) Variances from the requirements of this chapter shall be granted only when, because of special circumstances applicable to certain property, including size, shape, topography, location or surroundings, the approval body finds that the strict application of such requirements deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning classification.
(B) Notwithstanding subsection (A) of this section, the approval body may grant a variance from the parking requirements of this chapter pertaining to a nonresidential project, so that some or all of the required parking spaces are located off-site, or so that in-lieu fees or facilities are provided instead of the required parking spaces, if both the following conditions are met:
(1) The variance will be an incentive to, and a benefit for, the project; and
(2) The variance will facilitate access to the project by patrons of public transit, particularly guideway facilities.
(C) The commission shall not grant a variance authorizing a use or activity that this chapter does not expressly authorize for the subject property.
(D) The commission shall not grant a variance that is contrary to the general plan.
(`64 Code, Sec. 34-158) (Ord. No. 917, 2367, 2445)
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