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An applicant may request a modification to any element or provision of an approved planned development overlay. All modification applications shall be deemed either "minor" or "major."

(a) Minor Modifications. Minor modifications may be approved administratively in accordance with the procedure set forth in the PDP, where applicable, or by the city administrator. A modification shall be considered "minor" if it:

(1) Would not increase the total number of dwelling units in the planned development overlay above the maximum number set forth in the PDP, or would not decrease the number of dwelling units by more than ten percent;

(2) Would not decrease the minimum or increase the maximum density for residential areas of the planned development overlay beyond the density ranges in the PDP;

(3) Would not reduce the approved or required amount of open space or recreation space or alter its location or configuration in a way that would lower its level of service or functionality;

(4) Would not reduce or adversely alter a standard or condition of approval of the PDO that is considered to be "preferred" by this chapter or that was imposed in order to assure consistency with the code and compatibility with adjacent land uses pursuant to SMC 10.24.050(c). The reviewing official shall identify conditions of approval as such in the decision issued for the PDO.

(5) Would not violate any mitigation measure required by a mitigated determination of nonsignificance (MDNS) or final environmental impact statement (FEIS). Additional environmental review shall be required for any action that is not categorically or statutorily exempt from SEPA unless part of a planned action pursuant to RCW 43.21C.440 or determined by the SEPA responsible official in accordance with WAC 197-11-600 that environmental impacts from the action had been adequately considered by a previously conducted environmental review;

(6) Would not adversely impact the project's fiscal projections to the detriment of the city;

(7) Would not significantly change the overall design of the PDP.

(b) Major Modifications. Major modifications shall be reviewed using the same procedures applicable for new planned development overlay applications set forth in SMC 10.24.060. Any modification that is not minor pursuant to subsection (a) of this section shall be considered "major." the city may specify additional criteria for determining whether a proposed modification is minor or major by requiring such provision in the PDP, but the criteria listed in this section cannot be modified or reduced by the PDP. (Ord. 1995 § 1, 2016.)