Chapter 20.48
DOWNTOWN PLANNED ACTION
Sections:
20.48.020 Procedures and criteria for evaluating and determining projects as planned actions.
20.48.030 Monitoring and review.
20.48.010 Purpose.
The city council declares that the purpose of this chapter is to:
(1) Combine environmental analysis, land use plans, development regulations, city codes and ordinances together with the mitigation measures in the Puyallup downtown planned action EIS to mitigate environmental impacts and process planned action development applications in the downtown subarea of the city;
(2) Designate the Puyallup downtown planned action areas a planned action for purposes of environmental review and permitting of subsequent, implementing projects pursuant to SEPA;
(3) Establish criteria and procedures, consistent with state law, that will determine whether subsequent projects qualify as planned actions;
(4) Provide the public with information about planned actions and how the city will process implementing projects;
(5) Streamline and expedite the land use permit review process by relying on completed and existing detailed environmental analysis for certain land uses allowed in the downtown subarea;
(6) Apply the city’s development regulations together with the mitigation measures described in the EIS and this chapter to address the impacts of future development contemplated by the planned actions. (Ord. 3173 § 2, 2018).
20.48.020 Procedures and criteria for evaluating and determining projects as planned actions.
(1) Planned Action Area. The planned action designation shall apply to the area shown in Ordinance No. 3173, Exhibit A. Properties within the planned action boundary and outside of the regional growth center are required to retain their CBD zoning in order to be considered a planned action.
(2) Environmental Document. A planned action determination for a site-specific implementing project application shall be based on the environmental analysis contained in the draft EIS issued by the city on April 2, 2012, and the final EIS published on March 20, 2018. The draft and final EISs shall comprise the planned action EIS. The mitigation measures contained in Ordinance No. 3173, Exhibit B, are based upon the findings of the planned action EIS and shall, along with adopted city regulations, provide the framework that the city will use to impose appropriate conditions on qualifying planned action projects.
(3) Planned Action Designated. Land uses and activities described in the planned action EIS, subject to the thresholds described in subsection (4) of this section and the mitigation measures contained in Ordinance No. 3173, Exhibit B, are designated planned actions or planned action projects pursuant to RCW 43.21C.031. A development application for a site-specific planned action project located within the downtown subarea shall be designated a planned action if it meets the criteria set forth in subsection (4) of this section and applicable laws, codes, development regulations and standards of the city.
(4) Planned Action Qualifications. The following thresholds shall be used to determine if a site-specific development proposed within the downtown subarea is contemplated by the planned action and has had its environmental impacts evaluated in the planned action EIS:
(a) Land Use.
(i) The following general categories/types of land uses are considered planned actions: multifamily residential; commercial uses such as office, retail, and services; mixed-use development incorporating more than one use category where permitted; and public services, recreation, and utilities.
(ii) Individual land uses considered as planned actions shall include those uses specifically listed in this title as permitted or conditionally permitted in the zoning classifications applied to properties within the planned action area provided they are consistent with the general categories/types of land uses in subsection (4)(a)(i) of this section. The specific zoning classifications include: CBD, CBD-Core, CG, CL, RM-20, and RM-Core.
(b) Development Thresholds.
(i) The following amount of various new land uses are anticipated by the planned action:
|
Feature |
Preferred Alternative |
|---|---|
|
Residential Dwellings (units) |
1,039 |
|
Population |
2,149 |
|
Commercial Square Feet |
1,029,681 |
|
Jobs |
2,942 |
(ii) The following public service improvements, infrastructure and utilities are considered planned actions: roadways, water, wastewater and stormwater facilities and fire and emergency medical services (EMS), police services, schools, and parks and recreation facilities identified in the Puyallup downtown planned action, EIS.
(iii) Shifting development amounts between categories of uses in subsections (4)(b)(i) and (ii) of this section may be permitted so long as the total build-out does not exceed the aggregate amount of development and trip generation reviewed in the EIS, and so long as the impacts of that development have been identified in the Puyallup downtown planned action EIS and are mitigated consistent with Ordinance No. 3173, Exhibit B.
(iv) If future development proposals in the downtown subarea and planned action area exceed the development thresholds specified in Ordinance No. 3173 and this subsection (4), further environmental review may be required pursuant to WAC 197-11-172. Further, if proposed development would alter the assumptions and analysis in the planned action EIS, further environmental review may be required.
(c) Additional Environmental Considerations.
(i) Transportation.
(A) Trip Ranges and Thresholds. The number of new PM peak hour trips anticipated in the planned action area and reviewed in the EIS is as follows:
|
|
|
Quantity |
ITE Gross PM Peak Hour Trips |
|---|---|---|---|
|
Land Use |
Existing |
Preferred Alternative |
Preferred Alternative |
|
Total Dwelling Units |
2,041 |
3,082 |
8,669 +2,525 over existing |
|
Total Commercial Square Footage (ksf) |
2,442 |
3,656 |
|
|
Mainstreet Adjustments |
|||
|
Internal Capture (24.6% / 31.3% / 31.4% / 31.3%) |
2,724 |
||
|
External Trips - All Modes |
5,945 |
||
|
External Walk/Bike (1.7% / 1.6% / 1.6% / 1.6%) |
137 |
||
|
External Transit (3.8% / 3.4% / 3.5% / 3.5%) |
303 |
||
|
External Vehicle Trips |
5,505 |
||
|
Total Reduction Applied to Travel Model |
3,164 |
||
Source: Fehr & Peers, 2017.
Uses or activities that would exceed the range of maximum trip levels will require additional SEPA review.
(B) Concurrency. The determination of transportation impacts shall be based on the city’s concurrency management program contained in Chapter 21.18 PMC.
(C) Impact Fee. As provided in the EIS and Chapter 21.20 PMC, in order to mitigate transportation related impacts, all planned action projects shall pay impact fees.
(D) Discretion. The SEPA responsible official or his/her designee shall have discretion to determine incremental and total trip generation, consistent with the Institute of Transportation Engineers (ITE) Trip Generation Manual (latest edition) or an alternative manual accepted by the SEPA responsible official at his sole discretion, for each project permit application proposed under this planned action.
(ii) Building Height. In order to qualify as a planned action, building heights shall not exceed those studied in the planned action EIS, nor those established in the applicable zoning district.
(d) Elements of the Environment and Degree of Impacts. A proposed project that would result in a significant change in the type or degree of impacts to any of the elements of the environment analyzed in the planned action EIS shall not qualify as a planned action.
(e) Changed Conditions. Should environmental conditions change significantly from those analyzed in the planned action EIS, the city’s SEPA responsible official may determine that the planned action designation is no longer applicable until supplemental environmental review is conducted.
(5) Planned Action Review Criteria.
(a) The city’s responsible official may designate as planned actions, pursuant to RCW 43.21C.440, applications that meet all of the following conditions:
(i) The proposal is located within the planned action area identified in Exhibit A of Ordinance No. 3173;
(ii) The proposed uses and activities are consistent with those described in the planned action EIS and subsection (4) of this section;
(iii) The proposal is within the planned action thresholds and other criteria of subsection (4) of this section;
(iv) The proposal is consistent with the city’s comprehensive plan and applicable zoning regulations;
(v) The proposal’s significant adverse environmental impacts have been identified in the planned action EIS;
(vi) The proposal’s significant impacts have been mitigated by application of the measures identified in Ordinance No. 3173, Exhibit B, subsection (4) of this section, and other applicable city regulations, together with any modifications or variances or special permits that may be required;
(vii) The proposal complies with all applicable local, state and/or federal laws and regulations, and the responsible official determines that these constitute adequate mitigation; and
(viii) The proposal is not an essential public facility as defined by RCW 36.70A.200(1) unless an essential public facility is accessory to or part of a residential, office, school, commercial, recreational, service, or industrial development that is designated a planned action consistent with RCW 43.21C.440 and any rules adopted pursuant to the law.
(b) The city shall base its decision on review of a SEPA checklist, or an alternative form approved by the Department of Ecology, and review of the application and supporting documentation.
(c) A proposal that meets the criteria of this section shall be considered to qualify and be designated as a planned action, consistent with the requirements of Chapter 43.21C RCW, Chapter 197-11 WAC and this chapter.
(6) Effect of Planned Action.
(a) Designation as a planned action project means that a qualifying proposal has been reviewed in accordance with this chapter and found to be consistent with its development parameters and thresholds, and with the environmental analysis contained in the planned action EIS.
(b) Upon determination by the city’s responsible official that the proposal meets the criteria of subsection (4) of this section and qualifies as a planned action, the proposal shall not require a SEPA threshold determination, preparation of an EIS, or be subject to further review pursuant to SEPA.
(7) Planned Action Permit Process. Applications for planned actions shall be reviewed pursuant to the following process:
(a) Development applications shall meet all applicable requirements of the PMC. Applications for planned actions shall be made on forms approved by the city and shall include a SEPA checklist, or an approved planned action checklist.
(b) The responsible official shall determine whether the application is complete consistent with PMC and state laws.
(c) If the application is for a project within the planned action area defined in Ordinance No. 3173, Exhibit A, the application will be reviewed to determine if it is consistent with the criteria of subsection (5) of this section and thereby qualifies as a planned action project. The responsible official shall notify the applicant of his/her decision and shall mail or otherwise verifiably deliver said determination to the applicant; the owner of the property as listed on the application; and federally recognized tribal governments and agencies with jurisdiction over the planned action project, pursuant to Chapter 1, Laws of 2012 (Engrossed Substitute Senate Bill (ESSB) 6406). If the project is determined to qualify as a planned action, it shall proceed in accordance with the applicable permit review procedures specified in the PMC, except that no SEPA threshold determination, EIS or additional SEPA review shall be required. The decision of the responsible official regarding qualifications as a planned action shall be final.
(d) Public notice and review for projects that qualify as planned actions shall be tied to the underlying permit. The review process of the underlying permit shall be as provided in PMC. If notice is otherwise required for the underlying permit, the notice shall state that the project has qualified as a planned action. If notice is not otherwise required for the underlying permit, no special notice is required by this chapter.
(e) If a project is determined to not qualify as a planned action, the responsible official shall notify the applicant and shall mail or otherwise verifiably deliver said determination to the applicant; the owner of the property as listed on the application; and federally recognized tribal governments and agencies with jurisdiction over the planned action project, pursuant to Chapter 1, Laws of 2012 (Engrossed Substitute Senate Bill (ESSB) 6406). The responsible official shall prescribe a SEPA review procedure consistent with the city’s SEPA regulations and the requirements of state law. The notice shall describe the elements of the application that result in failure to qualify as a planned action.
(f) Projects that fail to qualify as planned actions may incorporate or otherwise use relevant elements of the planned action EIS, as well as other relevant SEPA documents, to meet their SEPA requirements. The responsible official may limit the scope of the SEPA review for a nonqualifying project to those issues and environmental impacts not previously addressed in the planned action EIS. (Ord. 3173 § 2, 2018).
20.48.030 Monitoring and review.
The city shall monitor the progress of development in the designated planned action area to ensure that it is consistent with the assumptions of this chapter and the planned action EIS regarding the type and amount of development and associated impacts, and with the mitigation measures and improvements planned for the downtown subarea. The city shall conduct its first monitoring evaluation no later than two years after the effective date of Ordinance No. 3173, and every two years thereafter. Of particular importance in monitoring is areawide parking monitoring and the amount of ground floor retail frontage. (Ord. 3173 § 2, 2018)