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HomeMy WebLinkAbout2016-030 YMC Amendment to Title 16 Administration of Development Permit RegulationsAN ORDINANCE ORDINANCE NO. 2016-030 relating to the regulation of land use and development in the City of Yakima amending Title 16 Administration of Development Permit Regulations of the City of Yakima Municipal Code to be consistent with state public notice procedures. WHEREAS, the Planning Commission of the City of Yakima has considered certain amendments to Title 16 Administration of Development Permit Regulations of the Yakima Municipal Code which revised the City's public notice procedures to be consistent with state law; and WHEREAS, the Planning Commission has held public meetings on the proposed amendments on February 10th, March 9th, April 13th and 27th, May 11th, and August 10th and 24th, 2016; and WHEREAS, the Planning Commission held an open record public hearing on October 26 and November 16, 2016 pursuant to notice and has received and considered all evidence and testimony presented; and WHEREAS, the Planning Commission, having conducted such public hearing, found, determined, and recommended that the City Council approve such amendments; and WHEREAS, the City Council held a closed record hearing on December 6, 2016 pursuant to notice to consider such amendments as recommended by the Planning Commission; and WHEREAS, the City Council of the City of Yakima, having considered the record herein and the recommendation from the Planning Commission, hereby finds and determines that approval of such amendments is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 16.01.020 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.01.020 Applicability. The provisions of this title shall apply to all applications for land use development or environmental permits subject to review under the following titles or chapters of the Yakima Municipal Code: A. Title 14, Subdivisions. B. Title 15, Yakima Urban Area Zoning Ordinance. C. Chapter 6.88, Environmental Policy (SEPA). Section 2. Section 16.01.050 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.01.050 Conflict of provisions. Subject to the provisions of state law, this title shall govern procedural aspects of all development project permit decisions within the city of Yakima or Washington. In the case of conflicts between this title or parts of this title and other rules, regulations, resolutions, ordinances, the procedures of this title shall govern. (Ord. 98-66 § 1 (part), 1998). Section 3. Section 16.02.020 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.02.020 Closed record appeal. "Closed record appeal" means an administrative appeal on the record to a local government body or officer, including the legislative body, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. (RCW 36.70B.020). Section 4. Section 16.02.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.02.030 Department. "Department" means the department of community development of the city of Yakima. (Ord. 98-66 § 1 (part), 1998). Section 5. Section 16.02.040 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.02.040 Director. "Director" means the director of the department of community development or his/her designee. (Ord. 98-66 § 1 (part), 1998). Section 6. Section 16.02.050 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.02.050 Open record hearing. "Open record hearing" means a hearing, conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government's record through testimony and submission of evidence and information, under procedures prescribed by the local government by ordinance or resolution. An open record hearing may be held prior to a local government's decision on a project permit to be known as an "open record predecision hearing." An open record hearing may be held on an appeal, to be known as an "open record appeal hearing," if no open record predecision hearing has been held on the project permit. (RCW 36.706.020). Section 7. Section 16.02.060 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.02.060 Project permit application. "Project permit" or "project permit application" or "project application" or "permit" means any land use or environmental permit or license required from a local government for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically stated herein. (RCW 36.706.020). Section 8. Section 16.02.070 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.02.070 Public meeting. "Public meeting" means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government's decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government's project permit application file. (RCW 36.706.020) Section 9. Section 16.03.020 B. of the City of Yakima Municipal Code is hereby amended to read as follows: B. All building permits including Type (1) applications, boundary line adjustments, other construction permits, or, as determined by the director, similar administrative approvals which are categorically exempt from environmental review under SEPA, or permit/approvals for which environmental review has been completed in connection with other permits for the same project, are exempted from the provisions of this title. (Ord. 98-66 § 1 (part), 1998). Section 10. Section 16.05 Appendicies of the City of Yakima Municipal Code is hereby amended to read as follows: Sections: 16.05.010 16.05.020 16.05.030 16.05.040 16.05.050 Notice of application. Contents of notice of application. Public comment on the notice of application. Notice of application and SEPA integration. Public hearing requirements. Section 11. Section 16.05.010 C. of the City of Yakima Municipal Code is hereby amended to read as follows: C. If the application is subject to an open record public hearing, the date of the public hearing shall be included in the notice of application and the notice of application shall be provided at least twenty days prior to the open record hearing. The provisions of YMC 16.05.030 shall also apply. (Ord. 2010-31 § 6, 2010: Ord. 98-66 § 1 (part), 1998). Section 12. Section 16.05.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.05.030 Public comment on the notice of application. All public comments on the notice of application must be received in the department of community development not later than five p.m. on the twentieth day after the notice of application is issued. If the twenty -day public comment period ends on a weekend or holiday, it shall be automatically extended to the end of the next business day. Comments may be mailed, personally delivered or sent by facsimile. Comments should be as specific as possible. Any public comment received by the City of Yakima Planning Division requesting to become a party of record shall be added to the record and shall be entitled to receive any future notices and/or decisions associated with the application. (Ord. 98-66 § 1 (part), 1998). Section 13. Section 16.05.050 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.05.050 Public hearing requirements. A. The notice of application may include the notice of open record public hearing for permit applications which require open record public hearings. The notice may be either a postcard format or letter size paper. B. Content of Notice of Public Hearing. The notice given of an open record public hearing required in this chapter shall contain: 1. The name and address of the applicant or the applicant's representative; 2. Description of the affected property, which may be in the form of either a vicinity location or written description, other than a legal description; 3. The date, time, and place of the hearing; 4. A description of the subject property reasonably sufficient to inform the public of its location, including but not limited to the use of a map or postal address and a subdivision lot and block designation; 5. A brief statement of the nature of the proposed use or development; 6. A statement that all interested persons may appear and provide testimony; 7. When information pertaining to the application may be examined and when and how written comments addressing findings required for a decision by the hearing body may be admitted. (Ord. 2010-31 § 8, 2010: Ord. 98-66 § 1 (part), 1998). C. Representation Required: An applicant or representative shall be present at the hearing. In the event that the applicant or his or her representative is not present at the time of the hearing, the hearing shall be cancelled and rescheduled by the Planning Division with appropriate public notice given in accordance with this title. Section 14. Section 16.07.030 C. of the City of Yakima Municipal Code is hereby amended to read as follows: C. If the city is unable to issue its final decision on a project permit application within the time limits provided in this section, it shall provide written notice of this fact to the applicant. The notice shall include a statement of reasons why the time limits cannot be met and an estimated date for issuance of the notice of final decision. (Ord. 98-66 § 1 (part), 1998). Section 15. Section 16.08.020 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.08.020 Open record appeals subject to review by hearing examiner. A. The hearing examiner shall hear appeals de novo. An applicant or representative shall be present at the hearing. In the event that the applicant or his or her representative is not present at the time of the hearing, the hearing shall be cancelled and rescheduled by the Plannijng Division with appropriate public notice given in accordance with this title. B. Notice of an appeal hearing shall be mailed to parties entitled to notice of the decision, including posting of property and published notice. C. A staff report shall be prepared, file transmitted to the examiner, and hearing conducted in the manner described in the appropriate ordinance subject of the appeal and Washington State law. The hearing examiner shall have ten working days to issue a decision on the appeal. All decisions of the hearing examiner are subject to appeal to the city council. (Ord. 98-66 § 1 (part), 1998). D. The applicant or property owner shall remove all land use action signs from the subject property within 30 days from the date of issuance of the final decision or action on the underlying land use application. Any signage which is in good condition shall be returned to the City of Yakima Planning Division. Section 16. Section 16.10 Appendicies of the City of Yakima Municipal Code is hereby amended to read as follows: Sections: 16.10.010 16.10.020 16.10.030 16.10.035 16.10.040 16.10.050 16.10.060 16.10.070 16.10.080 16.10.090 16.10.095 16.10.100 for the year Purpose. Applicability. Procedures. Exceptions to the annual amendment process. Approval criteria. Submittal requirements. Timing of amendments. Public process and notice on proposed comprehensive plan amendment. City of Yakima planning commission recommendation(s). City council public hearing. Development regulation amendments. Implementation and application of comprehensive plan amendment procedures 2003. Section 17. Section 16.10.020 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.10.020 Applicability. (1) The criteria and requirements of this chapter shall apply to all applications or proposals for changes to the comprehensive plan text or map designations and development regulations, unless specifically exempted. The following types of comprehensive plan amendments may be considered through the comprehensive plan amendment process: (a) Future land use map changes; (b) Changes to other plan policy maps; (c) Comprehensive plan text changes; and (d) Development regulation amendments. (2) The criteria of this chapter shall apply to comprehensive plan designations and development regulation amendments no more frequently than once a year, except that amendments may be considered more frequently for special circumstances as may be provided for in RCW 36.70A.130, or as the same may be hereafter amended. The review of any proposed amendments authorized by RCW 36.70A.130 to occur more frequently than once a year shall be undertaken as provided for in YMC § 16.10.035, which shall be the exclusive means of notice, public participation, and review for such amendments, any other provision of the Yakima Municipal Code to the contrary notwithstanding. (3) Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (a) "Comprehensive plan" means the most recent version of the Yakima urban area comprehensive plan, inclusive of all adopted amendments. (b) "Future land use map" means the GIS map maintained by the city of Yakima as its approved current future land use map. (c) "Interested parties" means any person or persons who have provided their names and addresses in writing to planning staff and indicated their desire to receive mailings regarding a specific land use application within a specified area of the city of Yakima. (d) "Property owners" means the person or persons shown as the owner of a parcel or parcels on the official records of the Yakima County assessor as of the date of mailing a land use notice. (e) "Text amendment" means any comprehensive plan amendment in the form of text changes or standards modifications, whether in the form of additions, corrections, or other modifications. (f) "Plan policy map" means any geographic depiction or map contained in the comprehensive plan other than the future land use map. (g) "Planning staff' means staff members of the department of Community Development. (h) "Development regulations" or "regulation" means the controls placed on development or land use activities by the city of Yakima, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinance, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.706.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the city of Yakima. (Ord. 2004-42 § 1, 2004: Ord. 2004-14 § 2, 2004: Ord. 2003-19 § 1 (part), 2003). Section 18. Section 16.10.060 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.10.060 Timing of amendments. (1) The comprehensive plan shall be amended no more often than once per year and no less often than as provided in RCW 36.70A.130, as now existing or as hereafter amended, in accordance with the time periods and procedures established in this chapter except in the circumstances described in YMC 16.10.020(2). (2) Applications for comprehensive plan amendments will be accepted in the Community Development office after the planning commission has announced, at its meeting in February, that the comprehensive plan amendment process is open for application. The planning staff will accept letters of interest for amendment proposals and/or suggestions at any time. Amendment applications received in the Community Development office after the last business day in April will be processed during the next scheduled comprehensive plan amendment cycle, unless submitted directly by city council pursuant to YMC 16.10.035. (3) The following public notice will precede the planning commission February public meeting: (a) Not later than twenty days prior to the planning commission public meeting date, a legal notice will be placed in the local newspaper of general circulation announcing the planning commission's February meeting; (b) The City of Yakima Planning Division will provide a press release to the Yakima public affairs channel (YPAC) electronic bulletin board not later than fourteen days before the planning commission public meeting date; (c) The planning staff will notify the local media regarding the planning commission's public meeting through a prepared press release; and (d) The planning staff will place the planning commission public meeting notice on the city of Yakima's website. (4) At the planning commission's first meeting following the last business day in April, the planning commission and planning staff will review docketed comprehensive plan amendment(s). At such time: (a) The planning staff shall notify the Washington State Department of Commerce of the city's intent to process the proposed docketed amendments; (b) The Washington State Department of Commerce shall also receive notification of any specific amendment proposal at least sixty days prior to final adoption of said amendment proposal; and (c) The planning staff shall issue a request for consultation with state and local aviation entities as more fully set forth in RCW 36.70.547, or as the same may be hereafter amended. (5) The planning staff shall establish timelines for additional review and consideration by the planning commission so that the comprehensive plan amendment review process for a given year will be completed in that year's amendment cycle, which shall expire not later than December 31st. (6) The planning staff shall provide a complete and accurate copy of any adopted comprehensive plan amendment to the Washington State Department of Commerce within ten days after the final adoption of the ordinance. (Ord. 2013-021 § 3 (Exh. C), 2013: Ord. 2003-19 § 1 (part), 2003). Section 19. Section 16.10.070 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.10.070 Public process and notice on proposed comprehensive plan amendment. To provide for the opportunity of citizens, interested parties and reviewing agencies to suggest and make comments on proposed comprehensive plan amendments, the planning staff will provide for broad dissemination of information regarding the amendment process. Notice shall be reasonably calculated to give interested parties, the general public, and government agencies a meaningful opportunity to be apprised of, and participate in, the comprehensive plan amendment process. The planning staff shall identify and follow a procedure reasonably calculated to address public comments regarding proposed amendments. (1) Except for instances where specific notice requirements are provided for elsewhere in this chapter, in which event the specific notice requirements shall control, examples of types of notice which the planning staff may utilize, as appropriate, include the following: (a) A general mailing to interested parties; (b) Posting on the city of Yakima's website; (c) Posting the property with signage, for which a future land use map amendment has been submitted and docketed; (d) Notice in the local newspaper of general circulation at least twenty days prior to any public hearing and as may be otherwise required by RCW 36.70.390, or as the same may be hereafter amended; (e) Announcements on Yakima's public affairs channel (YPAC) of scheduled public hearings; (f) Press releases to the local media; (g) Posting of information at the code administration and planning division and city clerk's offices, in addition to other city clerk designated locations; (h) Notice by general mailing to property owners located within three hundred feet of external property line boundaries designated in a particular amendment application; (i) Notification to reviewing agencies as may be established by Washington State Department of Commerce pursuant to RCW 36.70A.035(1) and 36.70.547. (2) Additional public notification may be undertaken by planning staff if it determines that it is in the public interest to do so. (3) The notice of application shall follow the notice requirements of Yakima Municipal Code Chapter 16.05 and may be either a postcard format or letter size paper. (Ord. 2010- 31 § 9, 2010: Ord. 2010-22 § 12, 2010: Ord. 2003-19 § 1 (part), 2003). Section 20. Section 16.10.080 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.10.080 City of Yakima planning commission recommendation(s). To provide for the opportunity of citizens, interested parties and reviewing agencies to review the recommendation of the city planning commission to the city council regarding comprehensive plan amendments, the following procedures shall apply: (1) The city planning commission shall provide a recommendation on each docketed amendment proposal with findings of fact to support each recommendation based on the approval criteria set forth in YMC 16.10.040; and (2) The planning staff shall notify the applicant and parties of record of the city planning commission's recommendation and make it available for public inspection: (a) Not later than twenty days prior to the city council public hearing date, a legal notice will be placed in the local newspaper of general circulation announcing the city council public hearing; (b) The planning staff will notify local media outlets regarding the city council public hearing through a prepared press release; and (c) The planning staff will place the city council public hearing notice on the city of Yakima's website. (Ord. 2010-22 § 13, 2010: Ord. 2003-19 § 1 (part), 2003). Section 21. Section 16.10.090 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.10.090 City council public hearing. At a meeting of the city council the elected body will review the city planning commission recommendations regarding any docketed comprehensive plan amendments and hold a public hearing to provide citizens, interested parties and reviewing agencies an opportunity to comment on the recommendations. (1) The notice of the public hearing of the city council on the recommendations of the city planning commission will be promulgated by the city clerk pursuant to the process for regular business meetings of the city council, and will include the following: (a) The time, location, and date of the city council public hearing; (b) A copy of the agenda item; and (c) A list of all comprehensive plan amendments to be considered at the hearing. (2) An open record public hearing will be conducted by the city council to hear testimony regarding each amendment under consideration. (3) At the conclusion of the hearing, the city council shall direct planning staff to prepare legislation to approve, approve with conditions, or deny each amendment under consideration and shall identify findings of fact to support each decision based on the approval criteria set forth in YMC 16.10.040. (4) At a subsequent city council meeting, the city council shall enact an ordinance adopting their decision reached at the council public hearing. Following city council action, notification of the ordinance shall be accomplished in the following manner: (a) The planning staff shall provide a complete and accurate copy of the adopted comprehensive plan amendment(s) to the Washington State Department of Commerce within ten days after final adoption; and (b) The city clerk shall have a summary of the approved comprehensive plan amendment ordinance published in the local newspaper of general circulation; (c) The city clerk shall post the ordinance to the city's website as an ordinance amending the Yakima Municipal Code. (d) The applicant or property owner shall remove all land use action signs from the subject property within 30 days from the date of issuance of the final decision or action on the underlying land use application. Any signage which is in good condition shall be returned to the City of Yakima Planning Division. (Ord. 2010-22 § 14, 2010: Ord. 2003-19 § 1 (part), 2003). Section 22. Section 16.10.095 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.10.095 Development regulation amendments. Changes to the development regulations of the Yakima Municipal Code, unless otherwise provided for, shall follow the amendment procedures of Chapter 16.10, comprehensive plan amendment procedures, except the general mailing to property owners located within 300 feet of external property line boundaries, as stated in YMC 16.10.070(1) public process and notice on proposed comprehensive plan amendment, shall not apply. (Ord. 2004-14 § 3, 2004). BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Adoption of Planning Commission Findings. The findings within the November 16, 2016, Yakima Planning Commission's Recommendation, regarding these proposed text amendments are hereby adopted by the Yakima City Council as its findings in support thereof pursuant to YMC § 15.23.020, and are incorporated herein by this reference as if fully set forth herein. Section 2. Validity. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Ratification. Any act consistent with the authority, and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Authorization to File. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. Section 5. Effective Date. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 6th day of December 2016. ATTEST: , Mayor Sonya Clam Tee, City Clerk r • %, 1 x f {it ttiS „��NGT U� Publication Date: December 9, 20 Effective Date: January 8, 2017 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 9. For Meeting of: December 6, 2016 Public hearing and Ordinances to consider the Yakima Planning Commission's recommendation concerning text amendments to Title 14 Subdivisions, Title 15 Yakima Urban Area Zoning Ordinance, and Title 16 Administration of Development Regulations, and amending the Land Use Application Fee Schedule in YMC Chapter 15.26.010 Joan Davenport, AICP, Community Development Director Jeff Peters, Supervising Planner (509) 575-6163 SUMMARY EXPLANATION: The proposed amendments to the Yakima Municipal Code include a new chapter to codify state and city regulations for right of way vacations, fee schedule amendments, and revisions to the public notice procedures and other miscellaneous updates. The Yakima Planning Commission has dedicated significant time in study sessions and public hearings to develop this series of recommendations. They are separated into individual ordinances related to the Title of the Municipal Code, subject to amendment. The proposed text amendment ordinances include: Ordinance A - adopting Chapter 14.21 Right of Way Vacation in Title 14 of the Yakima Municipal Code to codify state and city of Yakima right-of-way vacation procedures; and amending YMC 1.43.080 (H); Ordinance B - amending YMC Title 15 (Yakima Urban Area Zoning Ordinance) to be consistent with state public notice procedures; Ordinance C - amending YMC Title 16 Administration of Development Regulations to be consistent with state public notice procedures; Ordinance D - amending the land use application fee schedule in YMC Chapter 15.26.010 ITEM BUDGETED: STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Conduct the public hearing and pass each ordinance by separate motion. BOARD/COMMITTEE RECOMMENDATION: On October 26, 2016 and November 16, 2016 the City of Yakima Planning Commission held a public hearing and recommended approval of the proposed text amendments. ATTACHMENTS: Description Upload Date Type D Ordinance A- Title 14 Right-of-way Vacation legislatKe 11/18/2016 Ordinance D Ordinance B - Title 15 UAZO Text Amendments 11/21/2016 Ordinance Exhibit A to Ordinance B - Title 15 UAZO Text a 11/22/2016 Exhibit Amendments legislative D Ordinance C - Title 16 Admin Dev Reg _legislathe 11/21/2016 Ordinance D Ord D - land use fee schedule 11/29/2016 Cover Memo D Complete Record _2016 Text Amendments 11/21/2016 Backup Material AN ORDINANCE ORDINANCE NO. 2016 - relating to the regulation of land use and development in the City of Yakima amending Title 16 Administration of Development Permit Regulations of the City of Yakima Municipal Code to be consistent with state public notice procedures. WHEREAS, the Planning Commission of the City of Yakima has considered certain amendments to Title 16 Administration of Development Permit Regulations of the Yakima Municipal Code which revised the City's public notice procedures to be consistent with state law; and WHEREAS, the Planning Commission has held public meetings on the proposed amendments on February 101h, March 9th, April 13th and 271h, May 111h, and August 10th and 241h , 2016; and WHEREAS, the Planning Commission held an open record public hearing on October 26 and November 16, 2016 pursuant to notice and has received and considered all evidence and testimony presented; and WHEREAS, the Planning Commission, having conducted such public hearing, found, determined, and recommended that the City Council approve such amendments; and WHEREAS, the City Council held a closed record hearing on December 6, 2016 pursuant to notice to consider such amendments as recommended by the Planning Commission; and WHEREAS, the City Council of the City of Yakima, having considered the record herein and the recommendation from the Planning Commission, hereby finds and determines that approval of such amendments is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 16.01.020 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.01.020 Applicability. The provisions of this title shall apply to all applications for land use development or environmental permits subject to review under the following titles or chapters of the Yakima Municipal Code: A. Title 14, Subdivisions. B. Title 15, Yakima Urban Area Zoning Ordinance. C. Chapter 6.88, Environmental Policy (SEPA). D. Chapter 11.58, Flood Damage Prevention. (Ord. 98 66 § 1 (part), 1998). Section 2. Section 16.01.050 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.01.050 Conflict of provisions. Subject to the provisions of state law, this title shall govern procedural aspects of all development project permit decisions within the city of Yakima,- or Washington. In the case of conflicts between this title or parts of this title and other rules, regulations, resolutions, ordinances, the procedures of this title shall govern. (Ord. 98-66 § 1 (part), 1998). Section 3. Section 16.02.020 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.02.020 Closed record appeal. "Closed record appeal" means an administrative appeal on the record to a local government body or officer, including the legislative body, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. (RCW 36.70B.020) conducted by the hearing examiner on a project permit application. The appeal shall be decided shall be allowed. Upon a clear showing of good cause, the city council may allow the record to be supplemented by limited new evidence or information. (Ord. 98 66 § 1 (part), 1998). Section 4. Section 16.02.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.02.030 Department. "Department" means the department of community and economic development of the city of Yakima. (Ord. 98-66 § 1 (part), 1998). Section 5. Section 16.02.040 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.02.040 Director. "Director" means the director of the department of community and economic development or his/her designee. (Ord. 98-66 § 1 (part), 1998). Section 6. Section 16.02.050 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.02.050 Open record hearing. "Open record hearing" means a hearing, conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government's record through testimony and submission of evidence and information, under procedures prescribed by the local government by ordinance or resolution. An open record hearing may be held prior to a local government's decision on a project permit to be known as an "open record predecision hearing." An open record hearing may be held on an appeal, to be known as an "open record appeal hearing," if no open record predecision hearing has been held on the project permit. (RCW 36.70B.020) means a public hearing, conducted by the hearing permit application. An open record hearing may be held prior to a decision on a project permit to be known as an "open record predecision hearing." An open record hearing may be held on an appcal, to be known as an "opcn rccord appeal hearing," if no open record predecision hearing has been held on the project permit. (Ord. 98 66 § 1 (part), 1998). Section 7. Section 16.02.060 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.02.060 Project permit application. "Project permit" or "project permit application" or "project application" or "permit" means any land use or environmental permit or license required from a local government for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically stated herein. (RCW 36.70B.020) •• - - - - - - - •• - - - - - - - required for a project action. (Ord. 98 66 § 1 (part), 1998). Section 8. Section 16.02.070 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.02.070 Public meeting. "Public meeting" means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government's decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government's project permit application file. (RCW 36.70B.020) project permit prior to the local government's decision. A public meeting may include, but is not may be recorded and a report or recommendation may be included in the local government's project permit application file. (Ord. 98 66 § 1 (part), 1998). Section 9. Section 16.03.020 B. of the City of Yakima Municipal Code is hereby amended to read as follows: B. All building permits including CIas&Type (1) applications, boundary line adjustments, other construction permits, or, as determined by the director, similar administrative approvals which are categorically exempt from environmental review under SEPA, or permit/approvals for which environmental review has been completed in connection with other permits for the same project, are exempted from the provisions of this title. (Ord. 98-66 § 1 (part), 1998). Section 10. Section 16.05 Appendicies of the City of Yakima Municipal Code is hereby amended to read as follows: Sections: 16.05.010 16.05.020 16.05.030 Notice of application. Contents of notice of application. Public comment on the notice of application. 16.05.040 Notice of application and SEPA integration. 16.05.050 Notice of pPublic hearing requirements. Section 11. Section 16.05.010 C. of the City of Yakima Municipal Code is hereby amended to read as follows: C. If the application is subject to an open record public hearing, the date of the public hearing shall be included in the notice of application and the notice of application shall be provided at least fifteentwenty days prior to the open record hearing. The provisions of YMC 16.05.030 shall also apply. (Ord. 2010-31 § 6, 2010: Ord. 98-66 § 1 (part), 1998). Section 12. Section 16.05.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.05.030 Public comment on the notice of application. All public comments on the notice of application must be received in the department of community and economic development not later than five p.m. on the twentieth day after the notice of application is issued. If the twenty -day public comment period ends on a weekend or holiday, it shall be automatically extended to the end of the next business day. Comments may be mailed, personally delivered or sent by facsimile. Comments should be as specific as possible. Any public comment received by the City of Yakima Planning Division requesting to become a party of record shall be added to the record and shall be entitled to receive any future notices and/or decisions associated with the application. (Ord. 98-66 § 1 (part), 1998). Section 13. Section 16.05.050 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.05.050 Notice -o€ pPublic hearing requirements. A. The notice of application may include the notice of open record public hearing for permit applications which require open record public hearings. The notice may be either a postcard format or letter size paper. B. Content of Notice of Public Hearing. The notice given of an open record public hearing required in this chapter shall contain: 1. The name and address of the applicant or the applicant's representative; 2. Description of the affected property, which may be in the form of either a vicinity location or written description, other than a legal description; 3. The date, time, and place of the hearing; 4. A description of the subject property reasonably sufficient to inform the public of its location, including but not limited to the use of a map or postal address and a subdivision lot and block designation; 5. A brief statement of the nature of the proposed use or development; 6. A statement that all interested persons may appear and provide testimony; 7. When information pertaining to the application may be examined and when and how written comments addressing findings required for a decision by the hearing body may be admitted. (Ord. 2010-31 § 8, 2010: Ord. 98-66 § 1 (part), 1998). C. Representation Required: An applicant or representative shall be present at the hearing. In the event that the applicant or his or her representative is not present at the time of the hearing, the hearing shall be cancelled and rescheduled by the Planning Division with appropriate public notice given in accordance with this title. Section 14. Section 16.07.030 C. of the City of Yakima Municipal Code is hereby amended to read as follows: C. If the city is unable to issue its final decision on a project permit application within the time limits provided in this section, it shall provide written notice of this fact to the applicant. The notice shall include a statement of reasons why the time limits can notcannot be met and an estimated date for issuance of the notice of final decision. (Ord. 98-66 § 1 (part), 1998). Section 15. Section 16.08.020 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.08.020 Open record appeals subject to review by hearing examiner. A. The hearing examiner shall hear appeals in a de novo hearing. A. The hearing examiner shall hear appeals de novo. An applicant or representative shall be present at the hearing. In the event that the applicant or his or her representative is not present at the time of the hearing, the hearing shall be cancelled and rescheduled by the Plannijng Division with appropriate public notice given in accordance with this title. B. Notice of an appeal hearing shall be mailed to parties entitled to notice of the decision, including posting of property and published notice. C. A staff report shall be prepared, file transmitted to the examiner, and hearing conducted in the manner described in the appropriate ordinance subject of the appeal and Washington State law. The hearing examiner shall have ten working days to issue a decision on the appeal. All decisions of the hearing examiner are subject to appeal to the city council. (Ord. 98-66 § 1 (part), 1998). GD. The applicant or property owner shall remove all land use action signs from the subject property within 30 days from the date of issuance of the final decision or action on the underlying land use application. Any signage which is in good condition shall be returned to the City of Yakima Planning Division. State law. The hearing examiner shall have ten working days to issue a decision on the appeal. - (part), 1998). Section 16. Section 16.10 Appendicies of the City of Yakima Municipal Code is hereby amended to read as follows: Sections: 16.10.010 Purpose. 16.10.020 Applicability. 16.10.030 Procedures. 16.10.035 Exceptions to the annual amendment process. 16.10.040 Approval criteria. 16.10.050 Submittal requirements. 16.10.060 Timing of amendments. 16.10.070 Public process and notice on proposed comprehensive plan amendment. 16.10.080 City of Yakima planning commission recommendation(s). 16.10.090 Joint cCity council and Yakima County commissioners public hearing. 16.10.095 Development regulation amendments. 16.10.100 Implementation and application of comprehensive plan amendment procedures for the year 2003. Section 17. Section 16.10.020 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.10.020 Applicability. (1) The criteria and requirements of this chapter shall apply to all applications or proposals for changes to the comprehensive plan text or map designations and development regulations, unless specifically exempted. The following types of comprehensive plan amendments may be considered through the comprehensive plan amendment process: (a) Future land use map changes; (b) Changes to other plan policy maps , (c) Comprehensive plan text changes-; and (d) Development regulation amendments. (2) The criteria of this chapter shall apply to comprehensive plan designations and development regulation amendments no more frequently than once a year, except that amendments may be considered more frequently for special circumstances as may be provided for in RCW 36.70A.130, or as the same may be hereafter amended. The review of any proposed amendments authorized by RCW 36.70A.130 to occur more frequently than once a year shall be undertaken as provided for in YMC 16.10.035, which shall be the exclusive means of notice, public participation, and review for such amendments, any other provision of the Yakima Municipal Code to the contrary notwithstanding. (3) Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (a) "Comprehensive plan" means the most recent version of the Yakima urban area comprehensive plan, inclusive of all adopted amendments. (b) "Future land use map" means the GIS map maintained by the city of Yakima as its approved current future land use map. (c) "Interested parties" means any person or persons who have provided their names and addresses in writing to planning staff and indicated their desire to receive mailings regarding a specific land use application within a specified area of the city of Yakima. (d) "Property owners" means the person or persons shown as the owner of a parcel or parcels on the official records of the Yakima County assessor as of the date of mailing a land use notice. (e) "Text amendment" means any comprehensive plan amendment in the form of text changes or standards modifications, whether in the form of additions, corrections, or other modifications. (f) "Plan policy map" means any geographic depiction or map contained in the comprehensive plan other than the future land use map. (g) "Planning staff" means staff members of the city code administration and planning divisiondepartment of Community Development. (h) "Development regulations" or "regulation" means the controls placed on development or land use activities by Yakima County or the city of Yakima, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinance, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of Yakima County or the city of Yakima. (Ord. 2004-42 § 1, 2004: Ord. 2004-14 § 2, 2004: Ord. 2003-19 § 1 (part), 2003). Section 18. Section 16.10.060 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.10.060 Timing of amendments. (1) The comprehensive plan shall be amended no more often than once per year and no less often than as provided in RCW 36.70A.130, as now existing or as hereafter amended, in accordance with the time periods and procedures established in this chapter except in the circumstances described in YMC 16.10.020(2). (2) Applications for comprehensive plan amendments will be accepted in the codc administration and planning division officcthe Community Development office after the planning commission has announced, at its meeting in February that the comprehensive plan amendment process is open for application. The planning staff will accept letters of interest for amendment proposals and/or suggestions at any time. Amendment applications received in the code administration and planning divisionCommunity Development office after the last business day in April will be processed in -during the next scheduled comprehensive plan amendment cycle, unless submitted directly by city council pursuant to YMC 16.10.035. (3) The following public notice will precede the planning commission February public meeting: (a) Not later than twenty days prior to the planning commission public meeting date, a legal notice will be placed in the local newspaper of general circulation announcing the planning commission's February meeting; (b) The City of Yakima Planning Division will provide An announcementa press release will run onto the Yakima public affairs channel (YPAC) electronic bulletin board not later than fourteen days before the planning commission public meeting date, until thc datc of thc planning commission meeting; (c) The planning staff will notify the local media regarding the planning commission's public meeting through a prepared press release; and (d) The planning staff will place the planning commission public meeting notice on the city of Yakima's website. (4) At the planning commission's first meeting following the last business day in April, the planning commission and planning staff will review docketed comprehensive plan amendment(s). At such time: (a) The planning staff shall notify the Washington State Department of Community Tradc and Economic DevelopmentCommerce of the city's intent to process the proposed docketed amendments; (b) The Washington State Department of Community Trade and Economic Development Commerce shall also receive notification of any specific amendment proposal at least sixty days prior to final adoption of said amendment proposal; and (c) The planning staff shall issue a request for consultation with state and local aviation entities as more fully set forth in RCW 36.70.547, or as the same may be hereafter amended. (5) The planning staff shall establish timelines for additional review and consideration by the planning commission so that the comprehensive plan amendment review process for a given year will be completed in that year's amendment cycle, which shall expire not later than December 31st. (6) The planning staff shall provide a complete and accurate copy of any adopted comprehensive plan amendment to the Washington State Department of Community Trade and Economic DevelopmentCommerce within ten days after the final adoption of the ordinance. (Ord. 2013-021 § 3 (Exh. C), 2013: Ord. 2003-19 § 1 (part), 2003). Section 19. Section 16.10.070 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.10.070 Public process and notice on proposed comprehensive plan amendment. To provide for the opportunity of citizens, interested parties and reviewing agencies to suggest and make comments on proposed comprehensive plan amendments, the planning staff will provide for broad dissemination of information regarding the amendment process. Notice shall be reasonably calculated to give interested parties, the general public, and government agencies a meaningful opportunity to be apprised of, and participate in, the comprehensive plan amendment process. The planning staff shall identify and follow a procedure reasonably calculated to address public comments regarding proposed amendments. (1) Except for instances where specific notice requirements are provided for elsewhere in this chapter, in which event the specific notice requirements shall control, examples of types of notice which the planning staff may utilize, as appropriate, include the following: (a) A general mailing to interested parties; (b) Posting on the city of Yakima's website; (c) Posting the property with signage, for which a future land use map amendment has been submitted and docketed; (d) Notice in the local newspaper of general circulation at least twenty days prior to any public hearing and as may be otherwise required by RCW 36.70.390, or as the same may be hereafter amended; (e) Announcements on Yakima public affairs channel (YPAC) of scheduled public hearings; (f) Press releases to the local media; (g) Posting of information at the code administration and planning division and city clerk's offices, in addition to other city clerk designated locations; (h) Notice by general mailing to property owners located within three hundred feet of external property line boundaries designated in a particular amendment application; (i) Notification to reviewing agencies as may be established by Washington State Department of Community Trade and Economic DevelopmentCommerce pursuant to RCW 36.70A.035(1) and 36.70.547. Section 20. Section 16.10.080 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.10.080 City of Yakima planning commission recommendation(s). To provide for the opportunity of citizens, interested parties and reviewing agencies to review the recommendation of the city planning commission to the joint mooting of the city council and Yakima County commissioners regarding comprehensive plan amendments, the following procedures shall apply: (1) The city planning commission shall provide a recommendation on each docketed amendment proposal with findings of fact to support each recommendation based on the approval criteria set forth in YMC 16.10.040; and (2) The planning staff shall notify the public of the city planning commission recommendation by the following proccsaapplicant and parties of record of the city Pplanninq commission's recommendation and make it available for public inspection: (a) Not later than twenty days prior to the joint city council and Yakima County sem ;loners' public hearing date, a legal and display adnotice will be placed in the local newspaper of general circulation announcing the joint city council and Yakima County commissioners' public hearing; MI i board not later than fourteen days before the joint city council and Yakima County commissioners' public hearing date until the date of the joint city council and Yakima County commissioners' public hearing; (sb) The planning staff will notify local media outlets regarding the city council aR8 Yakima County commissioners'public hearing through a prepared press release; and (4142) The planning staff will place the joint city council and Yakima County commissioners'public hearing notice on the city of Yakima's website. (Ord. 2010-22 § 13, 2010: Ord. 2003-19 § 1 (part), 2003). Section 21. Section 16.10.090 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.10.090 cCity council antiyakima County commieeionere' public hearing. At a joint meeting of the city council and Yakima County commissioners' the two -elected bod+e&y will review the city planning commission recommendations regarding any docketed comprehensive plan amendments and hold a public hearing to provide citizens, interested parties and reviewing agencies an opportunity to comment on the recommendations. (1) The notice of the joint public hearing of the city council and Yakima County commissioners' on the recommendations of the city planning commission will be promulgated by the city clerk pursuant to the process for regular business meetings of the city council, and will include the following: (a) The time, location, and date of the joint city council and Yakima County commissioners' public hearing; (b) A copy of the agenda item; and (c) A list of all comprehensive plan amendments to be considered at the hearing. (2) An open record public hearing will be conducted by -- - - - County commissioners' the city council to hear testimony regarding each amendment under consideration. (3) At the conclusion of the hearing, the city council shall direct planning staff to prepare legislation to approve, approve with conditions, or deny each amendment under consideration and shall identify findings of fact to support each decision based on the approval criteria set forth in YMC 16.10.040. (4) At a subsequent city council meeting, the city council shall enact an ordinance adopting their decision reached at the joint city council and Yakima County commissioners' public hearing. Following city council action, notification of the ordinance shall be accomplished in the following manner: (a) The planning staff shall provide a complete and accurate copy of the adopted comprehensive plan amendment(s) to the Washington State Department of Community Trade and Economic Development Commerce within ten days after final adoption; and (b) The city clerk shall have a summary of the approved comprehensive plan amendment ordinance published in the local newspaper of general circulation; (c) The city clerk shall post the ordinance to the city's website as an ordinance amending the Yakima Municipal Code. In addition, the planning staff shad -post the comprchcnsivc plan amendments on the city's website in accordance with this chapter. (d) The applicant or property owner shall remove all land use action signs from the subject property within 30 days from the date of issuance of the final decision or action on the underlying land use application. Any signage which is in good condition shall be returned to the City of Yakima Planning Division. (Ord. 2010-22 § 14, 2010: Ord. 2003-19 § 1 (part), 2003) . Section 22. Section 16.10.095 of the City of Yakima Municipal Code is hereby amended to read as follows: 16.10.095 Development regulation amendments. Changes to the development regulations of the Yakima Municipal Code, unless otherwise provided for, shall follow the amendment procedures of Chapter 16.10, comprehensive plan amendment procedures, except the general mailing to property owners located within five300 feet of external property line boundaries, as stated in YMC 16.10.070(1) public process and notice on proposed comprehensive plan amendment, shall not apply. (Ord. 2004-14 § 3, 2004). BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Adoption of Planning Commission Findings. The findings within the November 16, 2016 Yakima Planning Commission's Recommendation regarding these proposed text amendments are hereby adopted by the Yakima City Council as its findings in support thereof pursuant to YMC § 15.23.020, and are incorporated herein by this reference as if fully set forth herein. Section 2. Validity. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Ratification. Any act consistent with the authority, and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Authorization to File. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. Section 5. Effective Date. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 61h day of December 2016. ATTEST: Kathy Coffey, Mayor Sonya Clear Tee, City Clerk Publication Date: Effective Date: