Chapter 19.428
DEVELOPMENT IN ACCORDANCE WITH PERMIT APPROVAL
Sections:
19.428.001 Development in accordance with permit approval.
19.428.010 Modifications to approved plans and developments.
19.428.040 Phased development.
19.428.001 Development in accordance with permit approval.
Development shall not commence until the applicant has received all of the appropriate land use development approvals (i.e., site design review approval) and building permits. Construction of public improvements shall not commence until the city has approved all required public improvement plans (e.g., utilities, streets, public land dedication, etc.). The city may require the applicant to enter into a development agreement (e.g., for phased developments and developments with required off-site public improvements), and may require bonding or other assurances for improvements, in accordance with Chapter 19.427 FMC. Development review and site design review approvals shall be subject to all of the following standards and limitations. (Ord. 6-2001 § 1)
19.428.010 Modifications to approved plans and developments.
Minor modifications of an approved plan or existing development, as defined in Chapter 19.415 FMC, shall be processed as a Type I procedure and require only site review. Major modifications, as defined in Chapter 19.415 FMC, shall be processed as a Type II or Type III procedure and shall require site design review. For information on Type I, Type II and Type III procedures, please refer to Chapter 19.410 FMC. For modifications approval criteria, please refer to Chapter 19.415 FMC. (Ord. 6-2009 § 4; Ord. 6-2001 § 1)
19.428.020 Approval period.
Development review and site design review approvals shall be effective for a period of two years from the date of approval. The approval shall lapse if:
A. A building permit has not been issued within a two-year period; or
B. Construction on the site is in violation of the approved plan. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)
19.428.030 Extension.
The community development director may, upon written request by the applicant, grant an extension of the approval period not to exceed one year; provided, that:
A. No changes are made on the original approved site design review plan.
B. The applicant can show intent of initiating construction on the site within the one-year extension period.
C. There have been no changes to the applicable code provisions on which the approval was based. If there have been changes to the applicable code provisions and the expired plan does not comply with those changes, then the extension shall not be granted; in this case, a new site design review shall be required.
D. The applicant demonstrates that failure to obtain building permits and substantially begin construction within one year of site design approval was beyond the applicant’s control. (Ord. 6-2001 § 1)
19.428.040 Phased development.
Phasing of development may be approved with the site design review application, subject to the following standards and procedures:
A. A phasing plan shall be submitted with the site design review application.
B. The city shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for site design review.
C. Approval of a phased site design review proposal requires satisfaction of all of the following criteria:
1. The public facilities required to serve each phase are constructed in conjunction with or prior to each phase;
2. The development and occupancy of any phase dependent on the use of temporary public facilities shall require city council approval. Temporary facilities shall be approved only upon city receipt of bonding or other assurances to cover the cost of required public improvements. A temporary public facility is any facility not constructed to the applicable city or district standard, subject to review by the city engineer;
3. The phased development shall not result in requiring the city or other property owners to construct public facilities that were required as part of the approved development proposal; and
4. An application for phasing may be approved after site design review approval as a modification to the approved plan, in accordance with the procedures for minor modifications (Chapter 19.415 FMC). (Ord. 6-2009 § 4; Ord. 6-2001 § 1)