§ 8181-10.4.2. Discretionary modifications.

The following changes to an approved discretionary permit are discretionary decisions and are considered to fall into one (1) of the following three (3) categories described below: Site Plan Adjustment, Minor Modification, or Major Modification.

(a)

Site Plan Adjustment. Any change to a permit that would not alter any of the findings made pursuant to Section 8181-3.5, nor any findings of approval for the permit or any findings contained in the environmental document prepared for the project, and would not have any adverse impact on the subject site or surrounding properties, may be deemed a site plan adjustment and acted upon by the Planning Director without a hearing. Additionally, these minor changes shall not circumvent the purpose or lessen the effectiveness of the approved permit conditions and must be consistent with all other provisions of the LCP. Such changes include, but are not limited to, the following:

(1)

Changes to conditions of approval that do not circumvent the purpose or lessen the effectiveness of the approved permit conditions;

(2)

A cumulative increase not exceeding ten (10) percent of the approved permit area or building coverage;

(3)

A decrease of the approved permit area or building coverage, floor area, or height;

(4)

Changes in structure location, including reorientation of structures, provided the structures are situated within the same general footprint as in the approved permit

(5)

A cumulative increase not exceeding ten (10) percent of floor area or height, including modifications to roof design;

(6)

Changes to on-site circulation or to the configuration of any street or access driveway, provided such change does not negatively affect connections with an existing or planned street, the performance of the circulation system, public safety, or the ability of the public to access coastal waters or nearby inland recreation areas.

(7)

A cumulative increase or decrease not exceeding ten (10) percent of approved motor vehicle or bicycle parking, provided increases can be accommodated on site and the project continues to meet the minimum number of required spaces pursuant to Article 6;

(8)

A cumulative decrease not exceeding ten (10) percent of the approved landscaping or screening, provided the development continues to meet the minimum landscape requirements pursuant to Section 8178-8 Water Efficient Landscape Requirements;

(9)

A cumulative increase not exceeding ten (10) percent of the approved area of walls, fences, or similar structures, provided the development continues to meet minimum screening requirements, and that the increase does not negatively affect the ability of the public to access coastal waters or nearby inland recreation areas;

(10)

Minor architectural changes or embellishments involving no change in basic architectural style; or

(11)

Internal remodeling, consistent with all other County ordinance requirements.

(b)

Minor Modification. Any proposed change that exceeds the criteria of a site plan adjustment, but is not extensive enough to be considered a substantial or fundamental change in land use relative to the permit, would not have a substantial adverse impact on surrounding properties, and would not change any findings contained in the environmental document prepared for the permit, shall be deemed a minor modification and be acted upon by the Planning Director through a public hearing process.

(c)

Major Modification. Any proposed modification that is considered to be a substantial change in land use relative to the original permit, and/or would alter the findings contained in the environmental document prepared for the permit, shall be deemed a major modification and be acted upon by the decision-making authority that approved the original permit.

(Ord. No. 4451, § 7, 12-11-2012; Ord. No. 4492, § 7, 6-21-2016)