Chapter 17.09
MINOR PERMIT MODIFICATIONS
Sections:
17.09.040 Conditions of Approval.
17.09.010 Purpose.
This chapter establishes procedures and requirements for minor modifications or elimination of certain condition(s) of a previously approved Class II through Class IV application without requiring a new application. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.09.020 Applicability.
A. Application. All expansions or minor permit and/or condition modifications of permitted uses or structures, including accessory uses and structures, are subject to the following requirements unless specifically prohibited in the original approval:
1. Any expansion or other minor modification of a Class II approval requires a determination by the Director that such request is in substantial conformance with the permitted use. Expansions may be subject to development review to the satisfaction of the Director.
2. A cumulative expansion of ten percent (10%) or less of approved building area or approved site area for a Class III and IV approval shall be permitted by right. Such expansions require a determination by the Director that such request is in substantial conformance with the conditionally permitted use. Expansions may be subject to development review to the satisfaction of the Director.
3. A cumulative expansion of ten percent (10%) to fifty percent (50%) of approved building area or approved site area for such use shall be subject to a Class III application for both Class III and Class IV approvals.
4. A cumulative expansion greater than fifty percent (50%) of approved building area or approved site area for such use shall be subject to the approval of a new Class III or Class IV application whichever the appropriate entitlement is.
5. Modifications to conditional use permits for alcohol sales require the review and approval of a minor use permit.
B. Prohibited Modifications. Minor permit modifications are prohibited for the following and require a new application to be submitted:
1. Class IV applications for oak tree permits and the selling of alcohol for both off- and on-site consumption;
2. Any modification to a variance or adjustment;
3. Any modification to a Class V application;
4. Any modification to a Class VI application;
5. Any modification to a Class VII application; or
6. A substantial alteration or material deviation from the terms and conditions of the previously approved discretionary permit. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 22-9 § 5 (Exh. A), 7/12/22)
17.09.030 Findings.
The review authority shall approve the minor permit modification where the applicant substantiates the following findings:
A. That the required findings for the original application have been satisfied as required by Section 17.06.130 (Findings and Decision);
B. That approval of the minor permit modification will not substantially alter or materially deviate from the terms and conditions imposed in the granting of the previously approved permit; and
C. That approval of the minor permit modification is necessary to allow the reasonable operation and use granted in the previously approved permit. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.09.040 Conditions of Approval.
A. The review authority may impose new conditions deemed reasonable and necessary to ensure that the minor permit modification is in compliance with the findings of the approved permit.
B. In addition to Section 17.09.020(B) (Prohibited Modifications) and subsection (A) of this section, the review authority shall not modify or eliminate a condition specified as mandatory in this code or a condition which may only be modified pursuant to the approval of a variance. (Ord. 13-8 § 4 (Exh. A), 6/11/13)