Chapter 19.30
MODIFICATIONS TO APPROVED PLANS AND CONDITIONS
Sections:
19.30.030 Major modifications.
19.30.040 Minor modifications.
19.30.010 Purpose.
The purpose of this chapter is to provide an efficient process for modifying land use decisions and approved development plans, in recognition of the cost and complexity of land development and the need to conserve City resources. [Ord. 987 § 1 (Exh. A), 2022.]
19.30.020 Applicability.
This chapter applies when an applicant proposes to modify an approved application or condition of approval. [Ord. 987 § 1 (Exh. A), 2022.]
19.30.030 Major modifications.
1. Major Modification. The Planning Commission reviews applications for major modifications through the Type III procedure under Chapter 19.10 HMC. Any one of the following changes constitutes a major modification:
a. A change in land use, from a less intensive use to a more intensive use of 20 percent or more, provided the standards of Chapters 18.40 through 18.90 HMC are met;
b. An increase in floor area in a commercial or industrial development, or an increase in the number of dwelling units in a multifamily development, by 20 percent or more, provided the other standards of Chapters 18.40 through 18.90 HMC are met;
c. A reduction in required setbacks, or an increase in lot coverage, by 20 percent or more, provided the other standards of Chapters 18.40 through 18.90 HMC are met;
d. A change in the type and/or location of vehicle access points or approaches, driveways, or parking areas affecting off-site traffic;
e. A reduction to screening, or a reduction to the area reserved for common open space or landscaping by 20 percent or more;
f. Change to a condition of approval (CUP or site plan), or a change similar to subsections (1)(a) through (e) of this section, that could have a detrimental impact on adjoining properties. The City Administrator shall have discretion in determining detrimental impacts triggering a major modification; or
g. Other changes similar to those in subsections (1)(a) through (f) of this section, in scale, magnitude, or impact to adjacent properties, as determined by the City Administrator.
2. Major Modification Applications – Approval Criteria. Requests for major modifications shall conform to all of the following procedures and criteria:
a. The applicant shall submit an application form, filing fee, letter describing the modification, and site plan demonstrating the major modification. The City may require other relevant information, as necessary, in evaluating the request;
b. The application shall be subject to the same approval criteria used for the initial project approval;
c. The scope of review shall be limited to the modification request. Notice shall be provided in accordance with Chapter 19.10 HMC; and
d. The same decision body that granted final approval for the initial application shall review the modification request. That decision body shall approve, deny, or approve with conditions an application for major modification based on written findings on the applicable code criteria (e.g., partition, subdivision, site design review, conditional use permit, etc.). [Ord. 987 § 1 (Exh. A), 2022.]
19.30.040 Minor modifications.
1. Minor Modification. The City Administrator through a Type II procedure shall review proposals for minor modifications. Minor modifications include technical corrections to comply with codes and regulations, and changes that fall below the thresholds in HMC 19.30.030, as determined by the City Administrator.
2. Minor Modification Applications – Approval Criteria. An application for minor modification shall include an application form, filing fee, letter describing the modification, and site plan demonstrating the minor modification. The City Administrator may require other relevant information, as necessary, in evaluating the request.
3. Minor Modification Approval Criteria. The City Administrator shall approve, deny, or approve with conditions an application for minor modification based on findings of compliance or noncompliance with the applicable requirements of the development code and the conditions of approval of the original decision. [Ord. 987 § 1 (Exh. A), 2022.]