This chapter is intended to provide the procedure for changing a project that has been previously approved, including its conditions.
(Prior code § 16-460.010)
A development or new land use authorized through a land development permit, planned development permit, site plan review, temporary activity permit, use permit, master development plan, or variance 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 chapter.
(Prior code § 16-460.020)
A. 
Minor Changes. Minor changes to an approved project are modifications to a project that meet one of the following criteria:
1. 
Meet all of the following requirements:
a. 
Are consistent with all applicable provisions of this Development Code;
b. 
Do not involve a feature of the project that was a basis for the findings for the application approval;
c. 
Do not involve an element of the project description, mitigation measure, or other feature of the project that was a basis for the findings in a negative declaration or environmental impact report for the subject project;
d. 
Do not involve a feature of the project that was specifically addressed or was a basis for conditions of approval for the subject project or that was a specific consideration by the Review Authority in the approval of the application; and
e. 
Do not result in more than a 10 percent expansion of the primary structure or use within the structure or increase the intensity of the use beyond that which was authorized by the Review Authority, do not adversely impact circulation or increase the required number of parking spaces by more than 10 percent, and do not include an expansion of the parcel. Accessory uses may be expanded provided the expansion meets applicable requirements and standards and do not create an increase in the number of required parking spaces.
2. 
Are specifically identified by the Commission or Council as a minor change.
B. 
Major Changes. Major changes are any modification(s) to the subject project that do not meet the criteria for minor changes in subsection A of this section.
(Prior code § 16-460.030; Ord. 023-07 C.S. § 104)
A. 
Request. An applicant shall:
1. 
Request the desired change(s) in writing;
2. 
Furnish appropriate supporting materials and an explanation of the reasons for the request; and
3. 
Accompany the request with the fee required by the Council's fee resolution.
B. 
Timing. A change may be requested either before or after construction or establishment and operation of the approved structure or use.
C. 
Process. A change to an approved project shall be subject to the following:
1. 
Minor Changes. Following submittal and review of a request:
a. 
Decision.
i. 
Director. The Director may approve the request for a minor change administratively, without a public hearing, or defer action and refer the request to the Commission.
ii. 
Commission. The decision by the Commission, on a referral, shall be conducted during a noticed public hearing in compliance with Chapter 16.88 (Review Procedures).
b. 
Findings. In order to approve the request, the Director, or the Commission on a referral or appeal, shall make the following findings of fact in a positive manner:
i. 
The structure or use expansion would not result in a change of use;
ii. 
The change to the structure or use would not have a substantial, adverse effect on adjoining properties;
iii. 
The change to the structure or use would comply with the current requirements of this Development Code;
iv. 
The change to the structure or use would not result in a change(s) to the project involving features described in Section 16.104.030(A)(1)(b), (c) and (d) (Minor Changes);
v. 
The change to the use would not involve more than a total 10 percent increase in the overall site area covered by the existing use or intensify the use beyond that of the original approved project, adversely impact circulation or increase the required number of parking spaces by more than ten percent, or expand the parcel; and
vi. 
The change to the structure or use would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
2. 
Major Changes. Major changes to an approved project may only be granted:
a. 
Original Review Authority. By the Review Authority approving the original permit or entitlement. The Review Authority shall conduct the same type of review process as that for the original permit or entitlement, including any noticing and hearing requirements in compliance with Chapter 16.88 (Review Procedures) and fee requirements.
b. 
Findings. If the Review Authority can make the findings of fact required for the requested permit or entitlement.
D. 
Appeals. The decision of the Review Authority may be appealed, in compliance with Chapter 16.100 (Appeals).
(Prior code § 16-460.040)