§ 18.128.080 — Changes to an Approved Project

A. Application. 1. Shall be In Compliance With the Approved Drawings and Plans, A development or new land use allowed through an Architectural Review, Conditional Use Permit, Minor Modification, Minor Use Permit, Reasonable Accommodation, Temporary Use Permit, Variance, or an approved PD zoned project shall be in substantial compliance with the approved drawings and plans, and any conditions of approval imposed by the Review Authority, except where changes to the project are approved in compliance with this Section. 2. Request Desired Changes In Writing. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reason(s) for the change(s). 3. Type of Changes Allowed. Requested changes may involve changes to one or more conditions imposed by the Review Authority or actual changes to the operation, use, or physical characteristics of the project (e.g., hours of operation, expansion of a use) as originally proposed by the applicant or approved by the Review Authority. 4. Shall First be Approved by Review Authority. Changes shall not be implemented until first approved by the applicable Review Authority in compliance with this Section, and may be requested either before or after construction or establishment and operation of the approved use. B. Notice and Hearing, If Required. 1. If the original matter required a noticed public hearing, the Review Authority shall hold a public hearing, except for the minor changes outlined below (See Subsection C. - Minor Changes by Director), and shall give notice, in compliance with Chapter 18.146 (Public Notices and Hearings). 2. If the original matter did not require a noticed public hearing, the Review Authority shall not be required to hold a public hearing. C. Minor Changes by Director. The Director may authorize minor changes to an approved permit’s site plan, architecture, or the nature of the approved use only if the changes: 1. Are consistent with the applicable General Plan land use designation and all applicable provisions of this Zoning Code and the spirit and intent of the original approval. 2. Do not involve a feature of the project that was: a. A basis for findings in a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report for the project; b. A basis for conditions of approval for the project; or c. A specific consideration by the Review Authority (e.g., the Director, Planning Commission, or Council) in granting the permit or approval. 3. Do not involve any expansion or intensification of the use in terms of residential density, Floor Area Ratio, or reduction of required commercial Floor Area Ratio in the case of mixed use projects. 4. Would not result in a significant effect on the environment. 5. Would not be materially detrimental to other properties or land uses in the area. D. Major Changes. All other changes would be considered major changes and would include changes to the project involving features specifically described in Subsections C. 2. through 5. (Minor Changes by Director), above, and shall only be approved by the original Review Authority through a new application, processed in compliance with this Zoning Code. E. An Approved PD Zoned Project. Changes to an approved PD zoned project that meets the requirements for a minor change shall be processed in compliance with Subsection C., while a project that meets the requirements for a major change shall be processed in compliance with Subsection D (Major Changes).