Title 15 ZONING
Chapter 15.40 M-C -- MIXED COMMERCIAL DISTRICT
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))