Chapter 19.415
AMENDMENTS TO DECISIONS

Sections:

19.415.010    Amended decision process.

19.415.020    Minor modification to approved land use decisions.

19.415.030    Major modification to approved land use decisions.

19.415.010 Amended decision process.

A. The purpose of an amended decision process is to allow the city to correct typographical errors, rectify inadvertent omissions and/or make other minor changes which do not materially alter the decision.

B. The community development director may issue an amended decision after the notice of final decision has been issued but before the appeal period has expired. If such a decision is amended, the decision shall be issued within 10 business days after the original decision would have become final, but in no event beyond the 120-day period required by state law. A new 10-day appeal period shall begin on the day the amended decision is issued.

C. Notice of an amended decision shall be given using the same mailing and distribution list as for the original decision notice.

D. Modifications to approved plans or conditions of approval requested by the applicant shall follow the procedures contained in FMC 19.415.020. All other requested changes to decisions that do not qualify as minor or major modifications shall follow the appeal process. (Ord. 6-2009 § 2 (Att. 1))

19.415.020 Minor modification to approved land use decisions.

The purpose of this section is to allow for minor changes to land use decisions after the appeal period and the decision has become final including approved site plans that do not alter or contravene any adopted conditions of approval or established code requirements.

A. Minor changes to Type II and III land use application approvals may be approved at the staff level through the Type I process when the applicant demonstrates the proposed changes:

1. Does not increase the intensity of any use.

2. Meets all requirements of the underlying zone relating to building size and location and off-street parking and the standards of this title.

3. Does not result in deterioration or loss of any protected natural feature or open space, and does not negatively affect nearby properties.

4. Does not alter or contravene any conditions specifically placed on the development by the planning commission or city council.

5. Does not cause any public facility, including transportation, water, sewer and storm drainage, to fail to meet any applicable standards relating to adequacy of the public facility.

B. The record (meeting minutes) shall be reviewed by the community development director to ensure the requested modification does not conflict with the decisions and discussion that occurred during the planning commission or city council hearing. The community development director may refer the request to the decision-making body if believed the request is not consistent with criteria listed above and considerations of the hearing body during the public hearing process. (Ord. 6-2009 § 2 (Att. 1))

19.415.030 Major modification to approved land use decisions.

Significant changes to land use decisions that do not meet the criteria listed in FMC 19.415.020 require additional review by the original decision-making body. Major modifications to applications approved through the Type II process will also be reviewed through the Type II process. Major modifications to applications approved through the Type III process will also be reviewed through the Type III process.

A modification is considered a major modification if one or more of the following are proposed:

A. Change in land use.

B. Increase in number of dwellings.

C. Change in the type and/or location of access ways, drives, or parking that affect off-site traffic.

D. Increase of floor area (for residential use) by more than five percent where previously specified.

E. Reduction of area by more than five percent for common open space and/or usable open space. (Ord. 6-2009 § 2 (Att. 1))