1.35.180 Amendment of an approved project or permit

1.35.180 Amendment of an approved project or permit.

A. General. Except as otherwise provided in this section, an amendment of an approved project or permit shall be treated as a new application for decision using Process I.

B. Administrative Amendment of Conditional Use Permits, Shoreline Conditional Use Permits, Special Use Permits, and Planned Unit Developments. The following additions and activities to an approved project or decision are exempt from conditional use permits, special use permits, and planned unit development review, unless otherwise required by city code or by the terms of a concomitant agreement:

1. Repair without a change in the dimensions or configuration of the structure or sign; or

2. The addition of minor structural elements such as fences, carports and mechanical equipment; or

3. Restriping of parking or circulation areas, minor adjustments to parking area layout; provided, the total number of stalls does not fall below the requirements of the zoning code; or

4. Minor adjustments in building height not to exceed 10 percent in height, or minor adjustments in building location not to exceed 10 feet in any direction; provided, the structures do not vary from zoning code requirements to any greater degree than as approved with the original application; or

5. Reductions in freestanding sign size and height, and minor increases in sign height not to exceed 10 percent in height or minor adjustments in sign location not to exceed five feet in any direction; provided, the sign(s) does not vary from zoning code requirements to any greater extent than as approved with the original application; or

6. Reductions in wall sign size, and minor adjustments in sign location on any one side of a building; or

7. Changes in color, design or in plant material.

C. Additional Criteria. In addition to those additions and activities listed in subsection (B) of this section, the development and business services director may determine that a proposed amendment to an approved project or permit is not suitable for administrative review if:

1. The proposal may result in any unmitigated significant adverse impact; and

2. The proposal is inconsistent with PUD/conditional use permit requirements or applicable design criteria; and

3. The proposal adds more than 300 square feet of new floor area per building, to approved building(s).

D. Appeal. The decision of the development and business services director pursuant to this section is appealable to the hearing examiner using Process II.

E. Decision Criteria for Administrative Amendment. The development and business services director shall act on a proposed amendment to an approved project or permit, including signs and sign programs, if:

1. The amendment maintains the design intent or purpose of the original approval, and does not modify zoning code requirements to any greater extent than any modification with the original application; and

2. The amendment maintains the quality of design or product established by the original approval; and

3. The amendment does not add more than the following:

a. More than 1,000 square feet for an existing or approved building; or

b. An addition of 1,000 square feet maximum for new structures; or

c. An increase of 20 percent of total existing sign for freestanding signs, and/or 20 percent increase of total existing sign area for wall signs not to exceed maximum allowed by code; and

4. An addition of up to 1,000 square feet per existing or approved building is automatically treated as an administrative amendment unless the addition is exempt under subsection (B) of this section; and

5. The amendment does not cause a significant adverse environmental impact beyond the site; and

6. The amendment is not precluded by the terms of the city code or by state law from being decided administratively; and

7. The applicant has carried the burden of proof and produced evidence sufficient to support the conclusion that the application merits approval or approval with modifications; and

8. The applicant has demonstrated that the proposal complies with the applicable criteria of the city code.

F. Conditions. The development and business services director may include conditions as part of the approval or approval with modifications to ensure conformance with the provisions of this section.

G. Written Proposed Decision. The development and business services director shall issue a written proposed decision on the administrative amendment which contains the following:

1. A description of the project or decision and the proposed administrative amendment; and

2. An analysis of the proposed administrative amendment using the applicable decision criteria and a determination that the administrative amendment is within the scope of an administrative amendment pursuant to subsection (E) of this section; and

3. A statement that the administrative amendment is proposed to be approved, approved with modifications or denied subject to the provisions of this section; and

4. A statement of facts upon which the proposed decision, including any conditions, was based and conclusions derived from those facts.

1. Content. The development and business services director shall issue notice of the decision containing the following:

a. The name of the applicant, and if applicable, the project name; and

b. The street address of the subject property and a description in nonlegal terms sufficient to identify its location; and

c. A vicinity map indicating the location of the subject property; and

d. The file number of the previously approved project or decision; and

e. A brief description of the previously approved project or decision and of the proposed administrative amendment; and

f. A statement that the decision of the director is appealable to the hearing examiner.

2. Distribution. The development and business services director shall issue the notice of the decision to:

a. The applicant; and

b. Each owner of real property abutting or directly across a public right-of-way from all contiguous property owner by the applicant determined by projecting the property line of that property. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 3243 § 8, 2017; Ord. 2957 § 6, 2012; Ord. 2441 § 1, 2003; Ord. 2310 § 1, 2000)