A. Application. A developer must apply to the city for a large retail establishment (LRE) permit. The application shall include a site plan and all components of the development plan. The fee established in the current, adopted budget shall accompany the application.

B. Public Meeting. The city manager or designee will review the plans with the applicant to assure compliance with the standards set in this section, and the applicant may make necessary amendments to the site plan and development plan. A public meeting shall be held where the applicant shall display all plans and public comments shall be received on the development plans. The meeting shall be advertised in the newspaper of general circulation in which the city regularly advertises its council meetings. The public notice shall run at least once a week for two weeks, with the first publication at least 10 days before the date of the meeting.

C. Response to Public Comments. After the public meeting, the applicant and the city manager shall duly consider the public comments and the applicant may make amendments to the site plan and development plan.

D. City Manager Review. When the city manager determines the application and plans meet the requirements of PMC 17.32.025, the manager will give tentative approval, subject to such special limitations as the manager may deem reasonable arising out of the comprehensive plan, mitigation of adverse impacts of the project on the neighborhood or public facilities, or the public health and safety.

E. Objections to Special Limitations. If the applicant objects to any of the manager’s proposed special limitations, the applicant may request review of the special limitations by the city council. The applicant shall clearly denote each objection and state why the applicant objects to it. The applicant’s objections shall be forwarded to the city council with the manager’s proposed special limitations.

F. Public Hearing. The council shall hold a public hearing regarding the large retail establishment permit only if the applicant objects to the manager’s special limitations. The council shall not hold a public hearing on the LRE permit if the applicant does not object to the manager’s special limitations or if the manager proposes no special limitations. The hearing shall cover the manager’s tentative approval, the manager’s proposed special limitations, and the applicant’s objections. Notice for the public hearing shall be given in accordance with PMC 17.80.030, as if the LRE were a zoning map amendment.

G. Final Determination. If there is no public hearing, then the decision of the manager, to include the manager’s proposed special limitations, is final. If there is a public hearing, then after the public hearing the council shall determine whether the permit shall be approved. After due consideration of the public input, the council may approve the permit if the applicant’s plans meet the requirements of PMC 17.32.025, subject to such special limitations as the council deems are reasonably related to the comprehensive plan, mitigation of adverse impacts of the project on the neighborhood or public facilities, or the public health and safety.

H. Effective Permit. The permit shall not be effective until signed by the city manager and also signed by the applicant agreeing to comply with the plans approved by the council and such special limitations as set by the council. A copy of the plans and limitations shall be attached to the permit. The permit shall contain a provision that any violation of the terms, conditions, or limitations of the permit will subject the permittee and the large retail establishment to all remedies at law or in equity, to include without limitation, injunctive relief and a civil penalty for each violation of up to $300.00 after due notice and an opportunity to cure the violation. (Ord. 07-029 § 30, 2007; Ord. 05-038 § 4, 2005; Ord. 05-027 § 3, 2005; Ord. 606 § 7, 2004)