22.58.040 Review process.
A. Permit Type. Applications for site plan review shall follow the procedures for a Type I permit review, pursuant to MMC 22.84.030, Types of project permits.
B. Public Notice. Site plan review shall be subject to all applicable noticing requirements in MMC 22.84.050, Public notice requirements.
C. Public Hearing. Pursuant to Table 22.84.060(B)(2): Decision-Making and Appeal Authorities, a public hearing is not required for site plan review.
D. Decision. The final decision authority, as determined by Table 22.84.060(B)(2): Decision-Making and Appeal Authorities, shall approve, approve with conditions, or deny a site plan review.
E. Decision Criteria. Site plans are reviewed by the city to determine consistency between the proposed project and the applicable development regulations and comprehensive plan provisions. A proposed project’s consistency with the city’s development regulations and comprehensive plan shall be determined by consideration of land use, intensity of development, availability of public infrastructure, facilities, and services, and the design of the development. The zoning administrator may approve, deny, or approve with conditions an application for a site plan review permit. The decision shall be based on the following approval criteria:
1. Adequate streets, sidewalks, transit stops, open spaces, parks, schools, water, sewer, and storm water facilities shall be available to the proposed development.
2. The design and appearance of the structure shall be compatible with applicable design standards and guidelines.
3. The development shall be consistent with the comprehensive plan.
4. The site plan is in conformance with applicable code provisions and development standards of the applicable zoning district;
5. The development shall mitigate any significant adverse environmental impacts identified.
6. The development shall be consistent with the health, safety, and general welfare.
F. Conditions of Approval. In approving a site plan, the decision authority may attach thereto such conditions that they deem to be necessary or desirable in order to carry out the intent and purposes of this title. To protect the health, safety, and general welfare, the city may require:
1. The dedication of land to any public body, provisions of public improvements to serve the site, and/or impact fees imposed under state law, may be required as a condition of site plan approval; provided, however, that no dedication, provision of public improvements, or impact fees imposed under state law shall be allowed that constitutes an unconstitutional taking of private property. Dedications shall be clearly shown on the site plan and shall be recorded prior to final site plan permit issuance.
2. The construction of protective improvements may be required as a condition of site plan approval and such improvements shall be noted on the site plan.
3. Other conditions, as consistent with the purpose of this title.
G. Appeals. The action of the decision-making body in granting or denying a site plan is a final decision appealable to the appeal authority specified in Table 22.84.060(B)(2): Decision-Making and Appeal Authorities.
H. Expiration. The length of time during which an approved site plan is valid shall be determined by Table 22.84.060(E): Project Permit Approval Expiration. A site plan shall not be approved for a period of time greater than that which is specified in Table 22.84.060(E), exclusive of any extensions allowed. The date that the site plan approval expires shall be specified in the conditions of approval.
I. Extensions. The zoning administrator may grant an extension of the period of site plan authorization when requested by the applicant at least sixty days prior to the expiration of the site plan approval. Extension requests are subject to the requirements of MMC 22.84.060(F), Extensions. Only one extension may be granted for the approved site plan for a period not to exceed the extension period specified in Table 22.84.060(E): Project Permit Approval Expiration. Such an extension shall only be granted by the decision authority upon issuance of findings that the criteria for extensions in MMC 22.84.060(F), Extensions, have been met.
J. Modifications. Requested modifications to an approved site plan shall be reviewed pursuant to the requirements of MMC 22.84.060(G), Substantial Revisions or Modifications to Proposal. In additional to the requirements of MMC 22.84.060(G), the zoning administrator may approve a modification to an approved site plan; provided, that the modification will not result in:
1. Additional buildings on the project site;
2. An expansion of an existing building’s floor area by ten percent or more;
3. An increase in the number of lots;
4. An increase in the number of dwelling units;
5. A decrease in the number of parking stalls to be provided;
6. Relocation of or a change in the number of ingress and/or egress points from the site;
7. A reduction of the amount of landscaping and/or open space;
8. A significant increase in the traffic impacts of peak-hour trips to and from the site;
9. A significant increase in the quantity of imported or exported materials;
10. A significant increase in the area of site disturbance;
11. Placement of structures closer to critical areas, buffers, and/or shorelines;
12. Significant new environmental impacts or will not significantly increase any adverse impacts disclosed in the original SEPA documents; or
13. A new review under the 2019 Department of Ecology Stormwater Management Manual for Western Washington.
K. Modifications that exceed one or more of the limitations stated in subsection (J) of this section shall require a new site plan review, as determined by the zoning administrator, and shall only be accomplished by applying for a new site plan review permit for the entire site.
1. The new site plan review application shall be reviewed according to the laws and rules in effect at the time of application.
2. Conditions may be imposed on the modified site plan to enable the proposal to comply with development regulations.
L. Associated Land Use Actions. Site plan review is separate from and does not replace other required land use permits. Applications for land use actions associated with the site plan review shall comply with the following requirements:
1. Associated land use applications shall meet all submittal requirements applicable to the specific land use action, as identified in Chapter 22.84 MMC, Permit Processing.
2. Applications for associated land use actions shall be made on forms prescribed by the city.
3. Each land use application shall be subject to all applicable fees as established by the current fee resolution.
4. Other land use applications associated with the site plan review shall be submitted and processed under consolidated review per MMC 22.84.040(B) unless the applicant requests that the applications be processed and reviewed separately.
5. Site plan review and approval shall be required prior to the issuance of building, mechanical, plumbing, land clearing, forest practices, grading, civil, and/or other similar administrative permits, provided nothing shall be construed as preventing an applicant from submitting a complete building permit application.
6. Subsequent permits for the subject site shall be issued only in compliance with the approved site plan review.
M. Vested Rights. Approval of a site plan for development shall not provide the applicant with vested rights. Subsequent permits shall be subject to the applicable codes and regulations in effect at the time of determination of completeness of the associated permit application. (Ord. 020/2022 § 2; Ord. 005/2019 § 10 (Exh. B))