HomeMy WebLinkAbout2025-026 Open record public hearing and Ordinance to consider the Yakima Planning Commission's recommendation regarding text amendments to YMC Title 14 Subdivisions and Title 15 Yakima Urban Area Zoning OrdinanceAN ORDINANCE
ORDINANCE NO. 2025-026
amending Yakima Municipal Code Titles 14 and 15 to incorporate text
amendments associated with home occupation and notification
requirements,
WHEREAS, the Planning Commission of the City of Yakima has considered
amendments to modify YMC Titles 14 and 15 to modify existing notification processes, home
occupation business licenses and conceptual site plans; and
WHEREAS, notice of all amendments to these Titles to fulfill the requirements of
RCW 36.70A,130 was sent to the Washington State Department of Commerce; and
WHEREAS, the Planning Commission held four study sessions for these
amendments on October 9, 2024, October 9, 2024, March 26, 2025, and April 9, 2025; and
WHEREAS, the Planning Commission, having conducted such study sessions, found,
determined, and recommended that the City Council approve such amendments as indicated
in the motions attached to the City Council findings dated August 4, 2025; and
WHEREAS, the City Council held a public hearing on August 4, 2025, 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, the testimony provided at the public hearing, and the recommendations from the
Planning Commission, hereby finds and determines that approval of these amendments to
modify the appeal process are in the best interests of residents of the City of Yakima and will
promote the general health, safety and welfare; now, therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Amendments to Replace and Supersede. The amendments to YMC
Titles 14 and 15, as contained in Exhibit "A attached hereto and fully incorporated herein, shall
replace and supersede previous versions of the referenced Yakima Municipal Code sections,
Section 2. Adoption of City Council Findings, The City Council hereby adopts
Exhibit °°B" City Council as its findings in support thereof pursuant to YMC § 14.05.670,
§15.23.020, and §16.10.095, and are incorporated herein by this reference as if fully set forth
herein.
Section 3. SeverabilityNalidity. 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 4. Ratification, Any act consistent with the authority, prior to the effective
date of this ordinance is hereby ratified and affirmed,
Section 5. Authorization to File. The City Clerk is authorized and directed to file a
certified copy of this ordinance with the Yakima County Auditor.
Section 6. 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 4th day of August 2025.
Al 1 EST:
osalinda Ibarra, City Clerk
Publication Date: August 7, 2025
Effective Date: September 6, 2025
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Exhibit "A"
Chapter 14.15
SHORT SUBDIVISION —PROCEDURE
Sections:
14,15.010 Preliminary application for short subdivision —Requirements.
14,15.020 Criteria for approval.
14,15.030 Preliminary application —Time limitation,
14.15,050 Administrator's approval/disapproval.
14.15.060 Findings and conclusions.
14.15,070 Final short plat —Time limitation.
14,15.080 Land survey requirements.
14.15.090 Final short plat contents.
14,15.100 Approval of short subdivision —Recording.
14.15,110 Resubdivision restricted.
14.15,120 Short plat amendment/alteration.
14.15.050 Administrator's approval/disapproval.
In accordance with RCW 58.17.060, the administrator shall approve, disapprove, or return for
modification all preliminary short subdivision applications. In reaching the conclusion to
approve or disapprove short subdivisions, the administrator shall determine whether the
requirements of this title have been satisfied and make a formal written finding of fact as to
whether the short subdivision is consistent with the standards of the city of Yakima zoning
ordinance and urban area comprehensive plan. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 §
2 (part), 1998. Formerly 14.15.040
15.04.120 Home occupations.
A. Purpose. The conduct of an accessory business within an existing dwelling may be
permitted under the provisions of this section. It is the intent of this section to:
1. Ensure the compatibility of home occupations with other uses permitted in the
underlying zone; and
2. Preserve the existing dwelling as the primary use of the structure or property; and
3. Maintain and preserve the character of residential neighborhoods; and
4, Promote the efficient use of public services and facilities by assuring these services are
provided to the residential population for which they were planned and constructed, rather
than commercial uses.
B. Table of Permitted Home Occupations, Table 4-2 titled "Table of Permitted Home
Occupations" is incorporated as a part of this section. Each permitted home occupation listed in
Table 4-2 is designated as a Class (1), (2) or (3) use for a particular zoning district. Proposed
home occupations in existing dwellings in the commercial and industrial zoning districts shall
follow the land use requirements of the R-3 zoning district. All permitted home occupations are
subject to the standards of this title, including the specific conditions of subsection C of this
section and the applicable review procedures of YMC Chapters 15.13, 15.14 and 15.15.
Specific uses not permitted as home occupations are listed in subsection H of this section,
Table 4-2. Table of Permitted Home Occupations
Barbershop, beauty parlor
Business administration*
Day care, family home*
Dentist
Dog grooming
Zoning District
SR R-1
1
1
1
R-2
1
R-3
1
Food preparation*
Home contractor*
Home instruction* 1-5 students
6-8 students
Horne office*
Locksmith and gunsmith
Massage therapy/spa*
Physician
1
1
Product assemblage/service*
Short term rental*
Taxicab operator*
Wedding service
1
1
1
1
1
1
1
1
1
1
1
Unclassified home occupation
NOTES:
Refers to definition in YMC Chapter 15.02.
1 = Type (1) Permitted Home Occupation
2 = Type (2) Review and Approval by the Administrative Official Required
3 = Type (3) Review, Public Hearing and Approval by the Hearing Examiner Required
= Not Permitted
See YMC
15.04.120(G)
Home Occupations Classified as a Type (1) Review are classified as a low impact home
occupation, these businesses are exempt from filing any additional land use review beyond
the business licensing requirements,
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C. Necessary Conditions. Home occupations are permitted as an accessory use to the
residential use of a property only when all the following conditions are met:
1. The home occupation is conducted inside a structure within property on which is
established the primary residence of the practitioner(s). For the purpose of administering
this section, "primary residence" shall be defined as the residence where a person or
persons resides for the majority of the calendar year;
2, The home occupation is incidental and subordinate to the residential functions of the
property. No action related to the home occupation shall be permitted that impairs
reasonable residential use of the dwelling;
3. There are no external alterations to the building which change its character from a
dwelling;
4. The portion of the structure or facilities in which a home occupation is to be sited must
be so designed that it may be readily converted to serve residential uses;
5. The business is conducted in a manner that will not alter the normal residential
character of the premises by the use of color, materials, lighting and signs, or the emission
of noise, vibration, dust, glare, heat, smoke or odors;
6, The home occupation does not generate materially greater traffic volumes than would
normally be expected in the residential neighborhood; the frequency of deliveries should be
comparable to that of a single-family home without a home business;
7, There is no outside storage or display of any kind related to the home occupation;
8. The home occupation does not require the use of electrical or mechanical equipment
that would change the fire rating of the structure;
9. The home occupation does not require the use of electrical equipment that exceeds
FCC standards for residential use;
10, The home occupation does not increase water or sewer use so that the combined
total use for the dwelling and home occupation is significantly more than the average for
residences in the neighborhood;
11. A business license is purchased where required;
12. The home occupation is conducted only by immediate family members residing in the
dwelling;
13. All stock in trade kept for sale on the premises is produced on site by hand without the
use of automated or production line equipment.
In granting approval for a home occupation, the reviewing official may attach additional
conditions to ensure the home occupation will be in harmony with, and not detrimental to, the
character of the residential neighborhood. Any home occupation authorized under the
provisions of this title shall be open to inspection and review at all reasonable times by the
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building and enforcement official for purposes of verifying compliance with the conditions of
approval and other provisions of this title.
D. Materials and Storage. The storage of equipment, materials, or goods shall be permitted in
connection with a home occupation provided such storage complies with the following
standards:
1. All equipment, materials, or goods shall be stored completely within the space
designated for home occupation activities and not visible from the public right-of-way.
2. Only those materials or goods that are utilized or produced in connection with the home
occupation may be stored within the dwelling unit or accessory building,
3. All flammable or combustible compounds, products, or materials shall be maintained
and utilized in compliance with fire code.
4. The frequency of home deliveries should be comparable to that of a single-family home
without a home occupation associated with the residence.
E. Nameplates. Only one nameplate shall be allowed. It may display the name of the occupant
and/or the name of the home occupation (e.g., John Jones, Accountant). The nameplate shall
be attached to the dwelling, but shall not exceed two square feet in area or be illuminated.
F. Application Fee and Review Period. Application for a home occupation shall be made in
accordance with the provisions of YMC Chapter 15.11, except as noted, and shall be
accompanied by the appropriate filing fee. The administrative official may accept an aerial photo
of the site in lieu of a site plan when the aerial photo clearly shows all structures and parking
areas and no new construction or site modifications are proposed..
G. Unclassified Home Occupation —Review by the Hearing Examiner. Home occupations not
listed in Table 4-2 shall be reviewed by the hearing examiner in accordance with the provisions
of YMC Chapter 15.22; provided, any unclassified home occupation permitted after review and
decision by the hearing examiner in a particular district shall be allowed only as a Class (2) or
(3) use.
H. Home Occupations Not Permitted. The following uses, by the nature of their operation or
investment, have a pronounced tendency, once started, to increase beyond the limits permitted
for home occupations and impair the use and value of a residentially zoned area for residential
purposes, Therefore, the uses listed below shall not be permitted as home occupations:
1. Auto repair;
2. Antique shop or gift shop;
3, Kennel;
4. Veterinary clinic or hospital;
5. Painting of vehicles, trailers or boats;
6. Large appliance repair including stoves, refrigerators, washers and dryers;
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7. Upholstering;
8, Machine and sheet metal shops;
9, Martial arts school;
10. Taxidermist;
11. Two-way radio and mobile telephone system sales and service;
12. Vehicle sign painting (except for the application of decals).
l.. Denial of Application for a Home Occupation. An application for a home occupation shall be
denied if the administrative official finds that either the application or record fails to establish
compliance with the provisions of this chapter. When any application is denied, the
administrative officer shall state the specific reasons and cite the specific provisions and
sections of this title on which the denial is based.
J. Parking, The administrative official shall determine parking requirements for home
occupations, as provided by YMC 15.06,040(B), This determination may be guided by, but not
restricted by, the standards of YMC Chapter 15.06. (Ord. 2023-026 § 1 (Exh. A), 2023; Ord.
2020-001 § 1 (Exh. A) (part), 2020: Ord. 2019-044 § 1 (Exh. A) (part), 2019: Ord. 2018-047 § 1
(Exh. A) (part), 2018: Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2015-036 § 4, 2015: Ord.
2008-46 § 1 (part), 2008: Ord. 93-81 § 19, 1993: Ord. 3245 § 6, 1990; Ord, 3019 §§ 15-17,
1987; Ord. 2947 § 1 (part), 1986. Formerly 15.04.090).
15.23.030 Rezones —Zoning map amendments.
A, Initiation, An amendment to the zoning map may be initiated by:
1. Resolution of the legislative body with jurisdiction or the city of Yakima planning
commission; or
2. A rezone application filed by the property owner(s).
B. Application. All rezone applications shall be filed with the planning division.. The planning
division shall process the application under the provisions of YMC 15.11.070 and Title 16. The
application shall include the information required in YMC 15.11.020 and the signature of the
owner(s) of the property.
C. Public Hearing by the Hearing Examiner or City of Yakima Planning Commission. Upon
receipt of a complete application for a rezone, the planning division shall forward the application
to the hearing examiner or city of Yakima planning commission for public hearing and review;
provided, that rezone applications initiated by the city to implement a newly adopted or
amended comprehensive plan, or which are of broad general applicability, shall be heard by the
city of Yakima planning commission under the provisions of RCW Chapter 36.70. The public
hearing shall be held and notice provided under the provisions of YMC 16,05.050. The applicant
shall appear in person or by agent or attorney. Failure to do so shall constitute sufficient cause
for continuance or denial of the requested action. Other parties may appear in person or by
agent or attorney, or may submit written comments.
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D. Recommendation tmthe Hearing Examiner mrCity ofYakima Planning Commission. WiUlin
1en days of the conclusion of the hearing, unless @ longer period is agreed to in vxhdnQ by the
applicant, the hearing examiner orcity ofYakima planning commission shall issue owritten
recommendation to approve, approve with conditions ordeny the proposed rezone. The
recommendation shall include the following nonoideodiono�
1. The testimony atthe public hearing;
2, The suitability of the property in question for uses permitted under the proposed zoninQ�
3. The recommendation from interested agencies and departments;
4. The extent to which the proposed amendments are in compliance with and/or deviate
from the goals and policies maadopted inthe Yakima urban area comprehensive plan and
the intent of this title-,
5, The adequacy of public facilities, such as ruads, sovxer, water and other required public
6. The compatibility ofthe proposed zone change and associated uses with neighboring
land uses; and
7. The public need for the proposed change.
Notice of the hearing examiner's or the city of Yakima planning commission's recommendation
shall bemailed tothe applicant atthe address provided gnthe application form. The decision of
the hearing examiner orthe city ofYakima planning commission onrezone applications shall
constitute arecommendation tothe legislative body.
E. Action bythe Legislative Body. Upon receipt ofthe hearing examiner's or the city ofYakima
planning commission's recommendation on a proposed rezone, the legislative body shall hold a
public meeting and affirm or rejectthe hearing examiner's orthe city ofYakima planning
commission's decision.
The legislative body shall conduct its own public hearing when it rejects the recommendation of
the hearing examiner, the city of Yakima planning commission, or desires additional public
testimony. Notice of the public hearing shall be given in the manner set forth in YMC Ch. 1 5A 1
and Title 116. In either case, the findings of the legislative body shall include the considerations
established in subsection D of this section,
F. Development Agreement. Conditions may beproposed inorder tomitigate any detrimental
effect the rezone might have on uses or property in the immediate vicinity. Any conditions
imposed by the city shall be incorporated in a development agreement executed by the city
council and the property ovvner(m), under the procedures set forth in RCVV367OB.17O through
3O7OB.2OO.
G. Time Limit and Notification, Proposed amendments shall be decided by the legislative body
ausoon aupracticable and the applicant shall benotified inwriting whether the rezone has been
granted or denied.
EXHIBIT B
CITY COUNCIL FINDINGS
FOR
AMENDMENT TO YAKIMA MUNICIPAL CODE
August 4, 2025
WHEREAS, Pursuant to RCW 36.70A,134(1) the City is required to take legislative action
to review and revise its development regulations in accordance with the Growth Management Act;
and
WHEREAS, These updates to Yakima Municipal Code (YMC) Title 14 and 15 are
considered to be a non -project application without a specific use or site plan to be considered;
and
WHEREAS, The Yakima Planning Commission held a study session to review the
proposed amendments on October 9, 2024, October 23rd, 2024, February 12, 2025; March 26,
2025, and April 9, 2025, and
WHEREAS, All required public notice for these amendments were provided, in
accordance with the provisions of YMC Ch. 16,10, June 26, 2025; and
WHEREAS, SEPA Environmental Review for these updates was considered, a
Determination of Nonsignificance was issued on August 4, 2025;
Now therefore, the Yakima City Council adopts the following findings:.
PURPOSE AND DESCRIPTION OF PROPOSED AMENDMENTS:
The complete track changes text can be found in Exhibit "A" and is incorporated herein
by reference. A summary of the amendments is as follows:
YMC Chapter 14.05.040 — Public Notice of Short Plat Application
a. Removing the noticing criteria for short plat applications within the City.
Staff Analysis: There are no requirements within Washington State Law that require the
City to have a noticing period for Preliminary Short Plat Applications. Removing this
requirement from the YMC will expedite timelines for City staff and applicants.
2. YMC Chapter 15.04 — Table 4-4
a, Amending several land use review types within the table.
Staff Analysis: City staff, Planning Commission, and City Council have reviewed various
portions of the Home Occupation uses and determined that an overall reduction in the
review procedures is appropriate for low impact home occupation business, or business
that do not significantly increase traffic to the residence.
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3. YMC Chapter 15,23.030 — Rezones — Zoning Map Amendments
a. Removing the conceptual site plan criteria
Staff Analysis: The conceptual site plan criteria for nonproject actions has
created confusion for the public, staff, and Planning Commission. Removing the
requirement and having an applicant submit a site plan with a project allows staff
and the public to completely understand a proposal. Conceptual plans tend to
create a lot of confusion and have applicants and people asking questions about
infrastructure requirements when a project is not in the development phase.
IL YAKIMA COMPREHENSIVE PLAN 2040
The proposed text amendments are consistent with the following goals and policies of
the Comprehensive Plan 2040
Goal 2.1: Establish a development pattern consistent with the community's vision.
Policy 2.1.6: Adopt coordinated development regulations that facilitate Yakima's
preferred land use pattern (e.g. allowed density, uses, and site provisions)
• Refine the land use code on an ongoing basis to make it user-friendly by
employing simple language, easy to read charts, and illustrative graphics.
• Monitor and refine the land use code as needed to facilitate the preferred
land use pattern and development character.
• Integrate an appropriate balance of predictability and flexibility when updating
development regulations that allow ease of administration and interpretation
and offer optional ways of meeting requirements when possible.
Policy 2.4.2. Land Uses - Maintain and strengthen downtown as the center for civic,
retail, cultural, dining and entertainment activity in Yakima.
III. YAKIMA PLANNING COMMISSION'S CONCLUSIONS
1 No adverse impacts have been identified;
2. The proposed updates underwent Environmental Review;
3. The proposed amendments are consistent with the Yakima Urban Area Zoning
Ordinance, 2040 Comprehensive Plan, and Housing Action Plan.
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ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8.A.
For Meeting of: August 4, 2025
Open record public hearing and Ordinance to consider the Yakima
Planning Commission's recommendation regarding text amendments
to YMC Title 14 Subdivisions and Title 15 Yakima Urban Area Zoning
Ordinance
SUBMITTED BY: *Trevor Martin, Planning Manager
Bill Preston, Community Development Directo
SUMMARY EXPLANATION:
The Yakima Planning Commission held a series of study session to review the proposed amendments
on October 9, 2024, October 23rd, 2024, February 12, 2025; March 26, 2025, and April 9, 2025. The
Planning Commissions made motions at the study session to make revisions to Title 14 and 15 of the
Yakima Municipal Code and forward the changes on the changes on to the City Council.
The complete record was distributed to City Council in the agenda packet on July 15, 2025, and can be
found online at: https:/Iwww:yakimawagov/counciI/agendas-and-minutes/
ITEM BUDGETED: N/A
STRATEGIC PRIORITY 24-25: A Resilient Yakima
RECOMMENDATION: Pass Ordinance.
ATTACHMENTS:
Ordinance amend YMC Titlesl4 and 15 text adrrents
Redline Draft Title 14 & 15 Changes.pdf