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DIR2010-00002 i.t2 ?C! — cOOO Z g fir�5.us''i. t 1i " : ® T' 14 l DIREC®R'S INTERPRETATION DATE: July 20, 2010 CODE CHAPTER: 18.360.050 TOPIC: Major /Minor Modifications(s) to Approved Plans or Existing Development LOCATION: Citywide 1. INTRODUCTION Section 18.360.050.8 provides eleven evaluation criteria to determine whether a proposed development action results in a minor or major modification of an existing development. Criterion #3, regarding "a change that requires additional on -site parking in accordance with Chapter 18.765," has been problematic. A strict reading of the code could require a relatively minor modification, associated with a change of use, to apply a Type II procedure (SDR) that has a much higher application fee, requires notice, and takes substantially longer than a Type I procedure (MMD). In the interest of applying a procedure proportional to the impacts of a development proposal, staff has interpreted the criterion such that if a proposed development could accommodate the required increase in parking (within limits) on the subject property and complies with the other criteria for a minor modification, then a Type T procedure should apply. The Director's Interpretation can provide clear and objective criteria to establish appropriate limits. II. ANALYSIS Proposed development involving a change of use, depending on the relative parking requirements for the existing use and the proposed use, may require additional on -site parking per Table 18.765.2. If additional parking is required, then tug additional parking requires a Type 11 procedure. In some cases, where the proposed development is essentially a tenant improvement within an existing structure, but the change of use requires additional parking, the Type II procedure involves higher application fees, notice, and a higher level of review which are not proportional to the impacts of development. A Director's Interpretation is necessary to address cases such as this. The City desires to promote business opportunities and job creation associated with adaptive reuse of existing buildings.. 1 f low impact (no off -site impacts) cases requiring additional parking can be defined with clear and objective approval criteria, which don't otherwise meet any other of the ten criteria, then a proportional Type I procedure could be used. This criterion should be amended in a subsequent code amendment. III. INTERPRETATION Major /Minor Modifications(s) to Approved Plans or Existing Development Page 1 • • In the interest of applying a proportional procedure, with regard to fees and tune to review, to a proposed development requiring additional on -site parking in accordance with Chapter 18.765, a • Type 1 procedure (MMD) may apply when: 1) All proposed improvements are within an existing structure (no increase in building square footage). • • 2) The additional parking can be accommodated on the subject site through a) existing spaces, b) • restriping, or c) conversion of standard to compact spaces not to exceed 50 " • 3) No other criterion in Section 18.360.050.13 is met requiring a major modification. 4) Pursuant to Section 18.360.060.C.1, the proposed development is in compliance with all applicable requirements of this tide. • • • • Ronald B. Bunch, Community Development Director • • • • • • • • • • • • • • • • • Major /Minor Modifications(s) to Approved Plans or Existing Development Page 2