15.40.150 Amendments to mixed commercial plan.

The owner or owners of an area zoned mixed commercial district may request that a previously approved preliminary or final plan be amended. Such a request shall be reviewed in accordance with the following procedure:
A. The director of planning may authorize changes to the approved site plan which do not alter any of the development criteria established on the plan. For amendments which would change any development criteria, the planning and zoning commission shall first determine whether the proposed amendment is substantial or not substantial.

B. A proposed amendment is substantial if it would result in any of the following:
1. A change in permitted uses,
2. An increase in total building coverage,
3. An increase in total gross floor area,
4. An increase in maximum building height,
5. A deterioration in traffic circulation such as access to or from major streets,
6. An increase in demands on municipal services,
7. A reduction of approved private and/or public open space,
8. A reduction of off-street parking and loading space,
9. A reduction of street right-of-way or paving widths.
C. If the commission finds that the proposed amendment is not substantial, it may approve the amendment if it finds that the amendment is compatible with the standards and policies of the city’s master plan and will not have an adverse impact on neighboring areas. If the amendment is approved, the owner shall submit an amended plan in the form prescribed in subsection (B)(8) of this section. The amended plan shall be recorded by the city with the county clerk and recorder. Recording fees shall be paid by the owner.
D. If the commission finds that the proposed amendment is substantial, it shall study the proposed amendment and report its findings to the city council along with the commission’s recommendation as to whether the amendment is compatible with the city’s master plan.
E. The council may approve a substantial amendment if it finds that the amendment is compatible with the standards and policies of the city’s master plan and:
1. Is consistent with the efficient development and preservation of the entire mixed commercial development;
2. Does not adversely affect neighboring areas;
3. Does not adversely affect the public interest; and
4. Is not proposed solely to confer a special benefit on a particular person or entity.
F. If the council finds that a proposed amendment does not meet the criteria specified in subsection E of this section, any such amendment can then only be approved as part of a new development plan submitted and approved in accordance with the provisions of this chapter.
G. No substantial amendment may be approved by the city council until after a public hearing regarding the proposed amendment. Notice of the public hearing shall be given as provided in Sections 15.52.050 and 15.52.060.
H. If an amendment to a mixed commercial plan is approved, the owner shall submit an amended plan in the form prescribed in Section 15.40.110 of this section. The amended plan shall be recorded by the city with the county clerk and recorder. Recording fees shall be paid by the owner. (Ord. 1989-40 §§ 4, 5; Ord. 1984-20 § 1 (part): prior code § 5-2-4(Q)(11))