A. Relevant Applications: The following land use applications as required by this chapter shall be submitted and reviewed in three (3) steps:
1. Subdivisions;
2. Amendments to recorded subdivisions;
3. Site plans for all non-residential developments and for all multi-family developments where there are more than two (2) dwelling units within one structure; and
4. Planned unit developments.
B. Approval Process: The requirements associated with each step shall be reviewed by the Community Development Director and the Technical Review Committee before an application and recommendations are forwarded to, and considered by, the appropriate Land Use Authority. The necessity of submitting revised and additional information, documents, and/or drawings shall be determined by the Land Use Authority or by the Community Development Director with advice from the Technical Review Committee. The steps in the approval process are as follows:
1. Step 1: Conceptual (public hearing required);
2. Step 2: Preliminary; and
3. Step 3: Final. (Ord. 2017-20, 8-3-2017)
C. Conceptual Review And Approval:
1. The Community Development Director shall review the application for compliance with applicable regulations. The Community Development Director shall notify the developer of the staff recommendation of approval or denial (for noncompliance) of the application review findings and comments, and the need for other information that may assist the Technical Review Committee to make its recommendation to the Planning Commission.
2. When the Community Development Director determines, after review of the application, that one or more of the application requirements and procedural steps are not applicable to the project under consideration, such requirements may be waived in writing.
3. The applicant shall address identified items and resubmit the information to the Community Development Director.
4. When the Community Development Director determines the application is complete, the application shall be forwarded to the Technical Review Committee for review and recommendation.
5. The Community Development Director shall notify the developer of the recommendation of the Technical Review Committee approval or denial (for noncompliance) of the application and the need for other information that may assist the Technical Review Committee to make its recommendation to the Planning Commission.
6. Upon recommendation from the technical review committee, the community development director shall forward the application to the planning commission. (Ord. 2016-04, 4-14-2016)
7. The planning commission shall hold a public hearing to consider the application. The City shall provide notice of this here as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13..(Ord. 2016-27, 11-3-2016)
8. After review of the application, the planning commission shall:
a. Approve the application, with or without additional requirements or conditions;
b. Continue review of the application pending further investigation; or
c. Deny the application.
9. A conceptual decision by the planning commission does not carry appealable entitlement under the provisions of this title; instead, the planning commission's decision shall provide guidance for compliance with the requirements of this title and direction prior to a submission for preliminary approval.
10. Except as provided in subsection F of this section, the applicant may apply for preliminary approval only after conceptual approval is granted. Conceptual plan approval shall be valid for one year from the date on which the conceptual plan was approved. Resubmission of the conceptual plan may be required by the planning commission prior to filing an application for preliminary approval.
D. Preliminary Review And Approval:
1. The community development director or his designee shall, upon receipt of the complete preliminary submission, distribute copies of the application to the city engineer, other members of the technical review committee, and to such other governmental departments and agencies for review and comment as required or recommended by the planning commission or community development director.
2. When the community development director and the technical review committee determine the application is substantially complete, the application shall be forwarded to the planning commission with the technical review committee recommendation.
3. The planning commission shall review the application at a regularly scheduled public meeting. Notice of the meeting shall made available as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13.
4. After review of the application at a public meeting the planning commission shall:
a. Approve the application with or without conditions or requirements;
b. Continue the application for further investigation, or postpone action to allow the applicant an opportunity to provide materials or additional information needed by the planning commission to take appropriate action; or
c. Deny the application.
5. The planning commission shall determine whether the final application may be approved administratively by the community development director with a recommendation from the technical review committee or should be returned to the planning commission for approval at a public meeting.
6. The community development director shall notify the applicant in writing of the planning commission action.
7. The planning commission may grant a one year extension of final approval of an application for good cause if the request for an extension is received prior to that date which is one year from date of the initial approval. In approving an extension, the planning commission may review and modify or amend the original approval conditions and requirements, subject to the same notice and process requirements used for the original approval.
E. Final Review And Approval:
1. Within one year after receiving approval of the preliminary application or an extension of an approval of a preliminary application by the planning commission, the applicant shall submit an application for final approval by the appropriate land use authority.
2. The community development director will distribute copies of the application to the technical review committee for review and recommendation before scheduling the application on the planning commission agenda or approval by the community development director as determined by the planning commission at preliminary approval.
3. If determined by the preliminary approval, the planning commission shall review the application for final approval at a regularly scheduled public meeting. The city shall provide notice of the public meeting as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13.
4. If the application and all supplementary data comply with the applicable requirements of these regulations and the requirements of the approved preliminary application, the planning commission shall approve the application.
5. Within ten (10) working days of the commission decision, the community development director shall notify the applicant in writing of the planning commission action.
6. The basis for rejection of a final application shall be any of the following:
a. Its nonconformance to adopted rules, regulations and ordinances currently in force and affecting the land and its development;
b. Its lack of conformance with the approved preliminary application; or
c. Technical inaccuracies or insufficiencies, and poor workmanship in preparation of the plans and documents.
7. The community development director or his designee may execute a development agreement and shall establish the kind and amount of financial security as required by this title necessary to guarantee completion of the required public improvements.
8. Final approval of an application by the land use authority, shall not relieve the applicant from obtaining other authorizations, permits, or licenses required under this title or other title of this code.
F. Concurrent Review: Materials for more than one application step may be submitted and reviewed concurrently if the community development director finds the submittal meets all requirements for each step that is to be reviewed concurrently and a concurrent review and approval will neither compromise compliance with applicable development standards nor hinder public participation in the review proceedings. (Ord. 2016-04, 4-14-2016; amd. Ord. 2021-18, 8-5- 2021)