Chapter 18.26
MODIFICATIONS
Sections:
18.26.060 Conditions of approval.
18.26.070 Appeals – Expiration, extensions, and revisions – Revocation.
18.26.010 Purpose.
The purpose of this chapter is to establish a means of granting relief from locational, developmental, and operational standards where doing so would be consistent with this code and the General Plan, and where it is not possible or practical to approve a variance. [Ord. 24-002 § 5 (Exh. A).]
18.26.020 Applicability.
Modifications may be granted as follows:
A. Dimensional Requirements. Relief from requirements of property development standards specified in this code, not to exceed twenty percent (20%) of the requirement.
B. Specific Allowances. Modifications may be granted as specifically identified in any other section of this code, as identified in that section.
C. Exclusions. Modifications shall not be granted for use related standards or residential density.
Requests for variations that exceed the thresholds established for modifications, or are not otherwise entitled to a modification under these rules and regulations, may be considered through another mechanism, such as a variance, planned development, development agreement, or rezoning, provided the request meets the criteria to be considered under such mechanism. [Ord. 24-002 § 5 (Exh. A).]
18.26.030 Review authority.
The Community Development Director shall act as the review authority for modification applications based on consideration of the requirements of this chapter except in the case of concurrent processing pursuant to subsection A of this section.
A. Concurrent Processing. If a request for a modification is being submitted in conjunction with an application for another approval, permit, or entitlement that requires Planning Commission action, it shall be heard and acted upon at the same time and in the same manner as that application. [Ord. 24-002 § 5 (Exh. A).]
18.26.040 Procedures.
A. Application. An application for a modification shall be filed with the Planning Division in accordance with DMC 18.21.020, Application forms and fees. The application shall state in writing the nature of the request and explain how the required findings are satisfied. The applicant shall also submit plans delineating the requested modification.
B. Public Notice and Hearing. Modifications do not require a public hearing or notice. [Ord. 24-002 § 5 (Exh. A).]
18.26.050 Required findings.
The review authority must make all of the following findings in order to approve a modification application. The inability to make one (1) or more of the findings is grounds for denial of an application.
A. The proposed modification will be at least as effective in achieving the objectives of the base standard;
B. There are no alternatives to the requested modification that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the public;
C. The modification is in keeping with the character of the surrounding built environment; and
D. The granting of the requested modification would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this code. [Ord. 24-002 § 5 (Exh. A).]
18.26.060 Conditions of approval.
In approving a modification, the review authority may impose reasonable conditions or restrictions to achieve the following outcomes. The review authority may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;
B. Achieve the general purposes of this code or the specific purposes of the zone in which the project is located;
C. Achieve the findings for a modification granted; or
D. Mitigate any potentially significant impacts identified because of review conducted in compliance with the California Environmental Quality Act (CEQA). [Ord. 24-002 § 5 (Exh. A).]
18.26.070 Appeals – Expiration, extensions, and revisions – Revocation.
A. Appeals. Modification decisions are subject to the appeal provisions of DMC 18.21.120, Appeals.
B. Expiration, Extensions and Revisions. Modification approval is effective and may only be extended or revised as provided for in Chapter 18.21 DMC, Common Procedures.
C. Revocation. Modification approval may be revoked pursuant to DMC 18.21.110, Revocation of permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. [Ord. 24-002 § 5 (Exh. A).]