Chapter 16.08


16.08.010    Purpose of provisions.

16.08.020    Definitions.

16.08.030    Administrative authorities and procedures.

16.08.040    PUD zoning effects and procedures.

16.08.050    Design standards.

16.08.060    Approval procedures generally.

16.08.070    Applicants.

16.08.080    Informal meetings.

16.08.090    Documentation required with application.

16.08.100    Preliminary plan.

16.08.110    Filing of application – Fees.

16.08.120    Review by City.

16.08.130    Concurrent approval of zone and plan.

16.08.140    Final plan – Time extension.

16.08.150    Sale of planned unit development.

16.08.160    Filing and recording of final plan and agreements.

16.08.170    Building permits.

16.08.180    Minor and major adjustments after final approval.

16.08.190    Conflicts with subdivision or zoning ordinances.

16.08.010 Purpose of provisions.

A. It is the purpose of this chapter to encourage innovation and creativity in the development of new residential, commercial, and industrial areas in the City. To carry out the objective and spirit of the Sunnyside comprehensive plan, it is the purpose of this chapter to encourage new development now limited by the strict application of the City’s zoning and subdivision regulations.

B. More specifically, it is the purpose of this chapter to do the following:

1. Encourage development of a variety of housing types;

2. Encourage the development of a viable economic base that enhances the image of the City;

3. Create and/or preserve usable open space for recreation and aesthetic enjoyment of residents and employees;

4. Preserve as much as possible the natural characteristics of the land, including topography, native vegetation, and views;

5. Avoid construction in hazardous areas;

6. Preserve and/or create wildlife habitat;

7. Encourage creativity in design;

8. Provide the maximum efficiency in the layout of streets, utility networks, and other public improvements;

9. Provide a guide for developers and City officials who review and approve residential, commercial, and industrial developments meeting the standards and purposes of this chapter;

10. Encourage the development of uses that will be compatible with adjacent existing and proposed uses and that will be beneficial to the community;

11. Allow development of parcels of property in phases over a period of time, as specified in the plan;

12. Encourage flexibility that will permit a more creative approach to the development of land and will result in a more efficient, aesthetic, and desirable use of open space;

13. Encourage and permit flexibility in design, placement of buildings, use of open spaces, circulation facilities, parking areas, and to best utilize the potential of sites characterized by special features of geography, topography, size or shape of proposed uses of land. [Ord. 1207 § 2, 1979.]

16.08.020 Definitions.

For the purposes of this chapter, certain terms, phrases, words, and their derivatives shall be construed as specified in this section.

A. “Commercial development” means any planned unit development designed for commercial purposes which may include, but not be limited to, offices, hotels, restaurants, banks, multifamily housing, and similar uses. A commercial planned unit development shall permit the development of property for any purpose or combination of purposes as approved.

B. “Common areas” means a parcel or parcels of land or an area of water or a combination of land and water within the site designated for planned unit development and designed and intended for the use and enjoyment of residents and employees of a planned unit development. Common areas may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents and employees of the planned unit development.

C. “Developer” means a person, partnership, joint venture or corporation who proposes to develop or has developed a planned unit development, pursuant to this chapter.

D. “Industrial development” means any planned unit development designed and intended primarily for industrial uses which may include, but is not limited to, office, warehouse, and manufacturing uses.

E. “Landowner” means the legal or beneficial owner or owners of all the land proposed to be included in a planned unit development. A contract purchaser or any other person having an enforceable proprietary interest in such land shall be deemed to be a landowner for the purpose of this chapter.

F. “Legal ownership” means the proprietary interest of a landowner as defined in subsection (E) of this section.

G. “Multiple-use PUD” means a planned unit development wherein there will result a mix of several types of authorized land uses or developments.

H. “Open space” means a parcel or parcels of land or an area of water or a combination of land and water within the site designated for a planned unit development, which are without above-ground structures or buildings of any nature whatsoever, and which shall include but not be limited to landscaped areas, garden areas, lawns, and other underdeveloped areas.

I. “Plan” means the approved final draft of the planned unit development plan, including all agreements and documents that are a part thereof.

J. “Planned unit development (PUD)” means any development approved and developed in accordance with the terms of this chapter, including a subdivision of such land, which development may occur at one time or in phases.

K. “Property owners’ association” means an incorporated, nonprofit organization formed or qualified under the laws of the State, operating under recorded land agreements through which:

1. Each landowner is automatically a member;

2. Each landowner is automatically subject to charge for a proportionate share of the expenses for the organization’s activities, such as maintaining common areas and facilities; and

3. Such charge, if unpaid, becomes a lien against the property of the landowner.

L. “Residential development” means any planned unit development designed and intended primarily for residential use regardless of the type of building in which such residence is located, i.e., conventional single-family residences, townhouses, duplexes, four-plexes, multifamily structures, or apartments, but excluding mobile home parks and mobile home subdivisions. [Ord. 1207 § 3, 1979.]

16.08.030 Administrative authorities and procedures.

A. The Planning Commission shall conduct public hearings after at least five days published notice to review proposed planned unit developments and make appropriate recommendations to the City Council.

B. Upon the filing of a preliminary plan application for a planned unit development with the office of the City Manager, he shall supply a copy thereof for their review and comments if, in the City Manager’s sole discretion, it is appropriate to the following:

1. City Director of Public Works;

2. Yakima County Clean Air Authority;

3. Sunnyside Valley or Snipes Mountain Irrigation Districts;

4. City Fire Department;

5. City Police Department;

6. Yakima Health District;

7. Yakima County Department of Public Works;

8. Sunnyside School District;

9. Washington State Department of Ecology;

10. Local offices of United States Soil Conservation Service;

11. The office of any electrical distribution companies servicing the area;

12. The office of any telephone companies servicing the area;

13. The office of any natural gas companies servicing the area;

14. Any other affected utility company or special district;

15. Garbage contractors;

16. Washington State Department of Social and Health Services;

17. Sunnyside Port Authority; and

18. Sunnyside Chamber of Commerce.

C. The City Council, upon consideration of the recommendations of the Planning Commission, and at a public hearing, after at least five days’ published notice, shall be the final approving agency under this chapter. [Ord. 1207 § 4, 1979.]

16.08.040 PUD zoning effects and procedures.

A. The final approval of a planned unit development under the procedures detailed in this chapter shall amend the existing zone designation of the parcel to a zone designation of planned unit development.

B. Annexations may receive a Planned Unit Development zone designation.

C. If there is no substantial design or building activity by the time limit established in the plan, the Planning Commission and the City Council shall hold appropriate hearings and rezone the parcel, taking into consideration the current comprehensive plan, unless the owner/developer can show good cause why such should not be effective.

D. In a planned unit development project where partial development has occurred but has not been completed according to a specified time schedule as amended or extended, and after 30 days’ notice to the developer, a hearing will be held before the Planning Commission to determine if action should be taken to conduct hearings to rezone part or all of the planned unit development area. [Ord. 1207 § 5, 1979.]

16.08.050 Design standards.

A. Property within a planned unit development shall be subject to and comply with the relevant subdivision laws.

B. The following shall be considered in the review of the planned unit development application in light of the purposes stated in SMC 16.08.010:

1. Topography;

2. Geologic hazard;

3. Access;

4. Open space;

5. Densities;

6. Compatibility with the comprehensive plan;

7. Vehicular and pedestrian circulation to and within the project;

8. Utility and other easements;

9. Setbacks;

10. Height limitations;

11. Flood Insurance Administration requirements;

12. Surface drainage;

13. Subsurface drainage;

14. Occupancy schedule;

15. Other pertinent considerations. [Ord. 1207 § 6, 1979.]

16.08.060 Approval procedures generally.

The approval of a Planned Unit Development zone and project shall be by City Council, upon recommendation by the Planning Commission, and shall be processed in accordance with the procedures set forth in SMC 16.08.070 through 16.08.160. [Ord. 1207 § 7, 1979.]

16.08.070 Applicants.

Any owner, legally authorized representative, or group of owners of contiguous property acting jointly may submit an application for a planned unit development. [Ord. 1207 § 7, 1979.]

16.08.080 Informal meetings.

Prior to making application for preliminary approval, the developer shall meet with City staff to study and review the proposed planned unit development. The developer shall prepare and submit to the City Manager six copies of a tentative application with vicinity and site maps containing the information required by the review departments. [Ord. 1207 § 7, 1979.]

16.08.090 Documentation required with application.

The following documentation shall accompany an application:

A. Vicinity Map. A vicinity map drawn to an appropriate scale which shall show all adjacent subdivisions, true north arrow, type of existing land use, and street and tract lines of acreage parcels with the names and owners of record. The map shall show the streets in the proposed planned unit development and their relationship with existing and proposed streets in adjacent subdivisions or undivided properties.

B. Site Maps. A map or maps drawn to scale of not less than one inch representing 40 feet, unless a different scale is approved, showing the following proposals:

1. Names and dimensions of streets bounding or touching the site;

2. Pedestrian and vehicular circulation patterns;

3. Buildings, including identification of types and number of dwelling units in each, or use of building;

4. Dimensions between buildings and setbacks;

5. Off-street parking facilities;

6. Areas to be landscaped;

7. Existing and proposed surface drainage system;

8. Locations, dimensions, use and area of common and private open space;

9. The information listed in Section 9-101-6,1 General Principles of Design for the Layout of Subdivisions of the Sunnyside Municipal Code;

10. Location of public and private utilities;

11. Contour map at a scale of one inch representing 40 feet showing the following: (a) two-foot elevation intervals for slopes less than 10 percent; and (b) five-foot elevation intervals for slopes more than 10 percent. Elevations shall be based on U. S. Coast and Geodetic Survey datum;

12. Grading plans;

13. Landscaping plans;

14. Any other pertinent information required to review the planned unit development.

C. Building Elevations. Elevation or perspective drawing to scale to illustrate the architectural character of structures.

D. Written information. In addition to the information noted above, the developer shall submit a written statement with the necessary illustrations providing the following information:

1. Legal description of the property;

2. Program for development, including staging or timing of development;

3. Proposed ownership pattern upon completion of development;

4. Basic content of restrictive covenant;

5. Provisions to ensure permanence and maintenance of common open space through home owner’s association formation, condominium development, or other means acceptable to the City;

6. Statement or tabulation of dwelling unit densities proposed and number of anticipated employees;

7. Statement describing the relationship of the proposed planned unit development to the City’s comprehensive plan;

8. Maintenance assurance for streets, open space, and other items;

9. Occupancy schedule;

10. Environmental checklist;

11. Other information which may be requested by the City for adequate review of the proposal. [Ord. 1207 § 7, 1979.]

16.08.100 Preliminary plan.

A preliminary development plan shall be submitted to the City Manager and shall include the general intent of the development, documentation as listed in SMC 16.08.090, rezone application, and such other information for documentation which the City Manager shall require. The City Manager shall determine that the plans comply with the development policies of this chapter. At a public hearing, the City Council, upon recommendation of the Planning Commission, shall approve, modify, or deny the planned unit development preliminary plan and rezone application. [Ord. 1207 § 7, 1979.]

16.08.110 Filing of application – Fees.

The application for preliminary approval of the planned unit development shall be filed with the City Manager, accompanied by a base fee calculated as follows:

A. Base Fee Factor:



0 – 2.99


3 – 9.99


10 – 19.99


20 – 49.99


50 or more


B. Density Factor:

1. Residential planned unit development, $5.00 per dwelling unit;

2. Nonresidential planned unit development, $0.01 per square foot of gross floor area.

C. In calculating the fee, using both the base fee factor and density factor, a fraction of an acre shall be considered a whole area. [Ord. 1207 § 7, 1979.]

16.08.120 Review by City.

Within 45 days following the completion of the environmental review process of a planned unit development preliminary plan, the City staff shall meet with the applicant to review the preliminary plan. At the first Planning Commission meeting following the City staff/applicant review meeting, the Planning Commission shall set the date for the public hearing on the planned unit development preliminary plan which shall be the next regularly scheduled Planning Commission meeting. [Ord. 1207 § 7, 1979.]

16.08.130 Concurrent approval of zone and plan.

Approval of the Planned Unit Development zone designation and the approval of the preliminary planned unit development plan by the City Council shall be concurrent. [Ord. 1207 § 7, 1979.]

16.08.140 Final plan – Time extension.

A. The developer, within one year of approval by the City Council of the preliminary plan, shall submit to the Planning Commission a final development plan showing the ultimate design and specific details of the proposed planned unit development or the appropriate phase of phases thereof. The City Council, upon recommendation of the Planning Commission, shall approve, modify, or deny the final plan. At the time of the application for the approval of the final plan, the petitioner/applicant shall pay a fee of $50.00.

B. Upon application by the developer, the Planning Commission may grant an extension of time. If the final development plan is not filed within such one year or within the extended period, if any, the Planning Commission and City Council shall hold appropriate hearings and rezone the parcel to a zone designation in consideration of the comprehensive plan. [Ord. 1207 § 7, 1979.]

16.08.150 Sale of planned unit development.

If the developer sells the parcel or a portion of the parcel after preliminary approval, such sale shall not prevent final approval of the planned unit development, providing that any succeeding owner agrees in writing to comply with the plan and the requirements of this chapter. [Ord. 1207 § 7, 1979.]

16.08.160 Filing and recording of final plan and agreements.

The final development plan, any agreements or addenda shall be recorded in the office of the County Auditor at the expense of the applicant and shall be binding upon the successors in interest of the applicant. [Ord. 1207 § 7, 1979.]

16.08.170 Building permits.

Building and other permits shall be issued for the construction of planned unit development areas only in accordance with the final plan and program elements as approved by the City Council. [Ord. 1207 § 8, 1979.]

16.08.180 Minor and major adjustments after final approval.

A. Minor adjustments may be made and approved by the City Manager or his designee when a building permit is issued. Minor adjustments are those changes which may affect the precise dimensions and the location of buildings, which do not affect the basic character or arrangement of buildings, the density of the development or the open space requirements.

B. Major adjustments are those which change the basic design, density, or open space requirements of the planned unit development. When such change constitutes a major adjustment, it shall be subject to review and approval by the Planning Commission and City Council as if such major adjustment were an original application for a planned unit development, except no additional fees will be charged. [Ord. 1207 § 9, 1979.]

16.08.190 Conflicts with subdivision or zoning ordinances.

Where provisions of this chapter are in conflict with the provisions of the zoning ordinance or the subdivision ordinance, requirements of this chapter shall prevail. [Ord. 1207 § 10, 1979.]


Code reviser’s note: The reference to Section 9-101-6 is to that section of the prior code, i.e., the code initially published in 1956. The provisions comprising Section 9-101 et seq in that volume have been omitted from this recodification at the City’s request.