Chapter 18.90


18.90.010    Requirement.

18.90.020    Approval authority.

18.90.030    Procedures – Application, notice and public hearing, decision, effective date, appeal.

18.90.040    Required findings.

18.90.050    Conditions of approval.

18.90.060    Lapse of approval – Changes to plans.

18.90.070    Resubmittal of application.

18.90.010 Requirement.

A development plan is required for (1) all new stores, motels, offices, restaurants and similar structures designed for an occupancy load of 30 persons or more, (2) property zoned PUD, or (3) an addition of 7,000 square feet or more to an existing store, motel, office, restaurant or similar structure. A development plan is not required for the construction or alteration of a single-family residence. Development plan approval is required in addition to architectural review under PHMC Chapter 18.115. (Ord. 710 § 35-28.1, 1996; 1991 code § 35-28.1)

18.90.020 Approval authority.

The planning commission has the authority to approve applications for development plans. (Ord. 710 § 35-28.2, 1996; 1991 code § 35-28.2)

18.90.030 Procedures – Application, notice and public hearing, decision, effective date, appeal.

A. Application. The applicant shall submit a request for a development plan to the zoning administrator on a form provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030.

B. Notice and public hearing. The planning commission shall hold a public hearing on an application for a development plan, and shall hear testimony for and against the application.

The zoning administrator shall set the time and date for the public hearing. The hearing shall be scheduled within 20 calendar days, and held within 60 calendar days, after the application is deemed complete. When applications for multiple development plans, use permits or variances on a single site are filed at the same time, the zoning administrator may schedule a combined public hearing.

Notice of the hearing shall be given in accordance with PHMC Chapter 18.80. A public hearing may be continued to a definite date and time without additional public notice.

C. Decision. The planning commission shall approve, conditionally approve or deny an application within 20 working days after the close of the public hearing. The zoning administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. The date of the decision is the date the commission (or council, on appeal) adopts the resolution.

D. Effective date. A decision under this chapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed.

E. Appeal. A decision of the planning commission may be appealed to the city council, all in accordance with the appeal procedures of PHMC Chapter 18.130. (Ord. 710 § 35-28.4, 1996; 1991 code § 35-28.4)

18.90.040 Required findings.

The planning commission may approve a development plan if it finds that all of the following are true, based on the application, plans, materials and testimony submitted at the public hearing:

A. The proposed development will not be detrimental to the health, safety and general welfare of persons residing or working in the vicinity of the proposed development;

B. The proposed development will not be injurious or detrimental to adjacent properties or to property in the neighborhood or in the city;

C. The proposed development is consistent with the policies and goals established by the general plan; and

D. The proposed development is architecturally compatible with other developments in the vicinity, both inside and outside the district. (Ord. 710 § 35-28.6, 1996; 1991 code § 35-28.6)

18.90.050 Conditions of approval.

In approving a development plan, the planning commission may impose reasonable conditions necessary to:

A. Achieve the general purposes of this chapter or the specific purposes of the zoning district in which the site is located, or to make it consistent with the general plan;

B. Protect the public health, safety, and general welfare; or

C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 710 § 35-28.8, 1996; 1991 code § 35-28.8)

18.90.060 Lapse of approval – Changes to plans.

A. Lapse of approval. A development plan lapses one year after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:

1. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or

2. A certificate of occupancy has been issued; or

3. The development plan is renewed by the planning commission or other hearing body which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid.

B. Changes to plans. A request for a change in a condition of approval, or a change in the development plan which affects a condition of approval, requires a new application for modification of the condition. If the zoning administrator determines that the modification is minor, the zoning administrator may approve that minor modification administratively, and that decision may be appealed to the planning commission. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original development plan. (Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-28.10, 1996; 1991 code § 35-28.10)

18.90.070 Resubmittal of application.

Following denial of development plan applications, no new application for the same, or substantially the same, plan shall be accepted within one year of the date of denial, unless the denial was made without prejudice. (Ord. 710 § 35-28.12, 1996; 1991 code § 35-28.12)