Title 18 - Unified Development Ordinance

 

18.140 Applications and Procedures

18.140.220 Final Development Plans: Consideration

  1. A.
    Final Development Plan Requirement. No property with either (i) a planned zoning district classification, or (ii) that is being used for a non-residential use in a residential district, may be developed or redeveloped without an approved final development plan. Final development plans must conform with the approved preliminary development plan and can be approved as set forth hereafter. Prior to consideration of any final development plan, City staff shall determine whether dedication of right-of-way will be required pursuant to 18.400.
  2. B.
    Consideration of Modifications. Unless additional information is requested, the Director shall determine whether a proposed final development plan contains any modifications and whether such modifications are “substantial or significant changes” within 5 business days of filing the application. For purposes of this Section, "substantial or significant changes" shall mean any of the factors set forth in 18.140.200 A.2.
  3. C.
    Final Development Plan.
    1. 1.
      No Modification or Non-Substantial Change. A final development plan which contains no modifications or additions or which contains modifications but is in substantial compliance with the approved preliminary development plan shall be approved by the Planning Commission if the Commission determines that:
      1. a.
        All relevant new details are provided;
      2. b.
        All applicable standards are satisfied and deemed to be adequate, including but not limited to the landscaping and screening plan, lighting, architecture, and other factors not considered with the preliminary development plan; and 
      3. c.
        All other submission requirements and required stipulations have been satisfied. 
        The Planning Commission's decision shall be made with a simple majority vote.  
    2. 2.

      Substantial Change. In the event of a determination that the proposed final development plan is not in substantial compliance with the approved preliminary development plan or that it contains “substantial or significant changes,” the applicant shall not proceed with its final development plan application but shall instead be required to make an application for a revised preliminary plan pursuant to 18.140.200

    3. 3.

      Appeals. 

      1. a.
        The determination of the Director of whether a proposed final development plan: (i) contains modifications; (ii) is not in substantial compliance with the approved preliminary development plan; or (iii) contains “substantial or significant changes,” may be appealed to the Planning Commission by filing a notice of appeal with the City Clerk within 14 days after the date of the Director’s decision. The Planning Commission may affirm, reverse or modify the Director’s decision with a simple majority vote, and its decision will be final.
      2. b.
        The Planning Commission’s disapproval of non-substantial changes to a final development plan may be appealed to the Governing Body by filing a notice of appeal with the City Clerk within 14 days after the date of the Planning Commission’s decision. The Governing Body may affirm, reverse or modify the Planning Commission’s decision with a simple majority vote. 
  1. D.
    Revisions to Approved Final Development Plans. Revisions to an approved final development plan which are not substantial or significant in nature may be approved administratively by the Director. Revisions to an approved final development which are substantial or significant cannot be approved, and the applicant shall instead be required to make an application for a revised preliminary plan pursuant to 18.140.200. For purposes of this Section, "substantial or significant changes" shall mean any of the factors set forth in 18.140.200 A.2.

 

(History: Ord. ZRR-3417 §3, 2023; Ord. ZRR-2829 §3, 2009; ZRR-2454 §6, 2003; ZRR-2015 §12, 97; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901