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HomeMy WebLinkAbout04/21/2026 09.G. Ordinance amend YMC Title 8 Streets and Sidewalks_Title 12 Development Stds 'V e+ i'i i1�• r y/I i t, n.;Rn`ro__-`` "gi BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9.G. For Meeting of: April 21, 2026 ITEM TITLE: Ordinance amending Yakima Municipal Code Title 8 Streets and Sidewalks and Title 12 Development Standards SUBMITTED BY: Bill Preston, Community Development Director *Robert Washabaugh, City Engineer SUMMARY EXPLANATION: The Community Development Department, after budget discussions in 2025, did a review of its fees and its permitting processes. The attached ordinance clarifies that inspection fees may be charged for short- term right-of-way use permits and adopts the application fee for Engineering permits (private construction of public infrastructure) that Council authorized previously via Ordinance No. 2024-046. The monetary amount is provided in the Master Fee Schedule. Fee changes were presented to City Council on February 10, 2026, and March 17, 2026, and are proposed to be adopted separately by resolution to amend the Master Fee Schedule. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Pass ordinance. ATTACHMENTS: ORDINANCE - YMC Title 8 Streets and Sidewalks_Title 12 Development Stds Track Changes_YMC 8.20.075 ROW Permits.pdf Track Changes_YMC 12.20.020 ENG Fee.pdf 143 ORDINANCE NO. 2026- AN ORDINANCE amending the City of Yakima Municipal Code Title 8 Streets and Sidewalks and Title 12 Development Standards WHEREAS, the Community Development Department, after budget discussions in 2025, did a review of its fees and its permitting processes; and WHEREAS, staff presented proposed fee changes for permitting to City Council on February 10, 2026; and WHEREAS, Council previously adopted Ordinance No. 2024-046 which authorized a nonrefundable application fee of five hundred dollars to be charged for private development of public infrastructure and the code is hereby proposed to reflect this decision; and WHEREAS, staff determined that inspections may be necessary for short-term right-of- way use permits and therefore the mention of an inspection fee should be included in this section of the code for transparency; and WHEREAS, it is within the police powers of the City of Yakima to enact these changes, and the City Council finds it is in the best interests of the City and its residents to amend the Yakima Municipal Code associated with regulatory licenses; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 8.20.075: Short-term permits under Chapter 8.20 Right-of-Way Use Permits, is hereby amended to read as follows: 8.20.075 Short-term permits. For uses of a right-of-way for less than thirty days, the following process shall be followed in lieu of the process outlined in YMC 8.20.030 through 8.20.052 and YMC 8.20.070: A. Purpose. Short-term right-of-way permit uses are for those uses of the public right- of-way for less than thirty days, and include, but are not limited to, placement of limited-term container-type storage units, placement of limited-term dumpsters, use and occupation of the right-of-way for construction projects for less than thirty days, or use and occupation of the right- of-way to temporarily store landscaping materials or other equipment being used in a project. B. Application. Applications for short-term right-of-way use permits shall be filed with the city engineer or their designee upon an approved form and accompanied by a detailed scale drawing depicting the public right-of-way in the vicinity of the area for which the permit is sought, including existing utilities, street lights and traffic signal poles, street furniture and similar features of the area, as well as the dimensions and locations of the proposed use of the right-of-way. The application shall be filed no less than fifteen business days before the proposed startdate of the permit. The city engineer may require a traffic control plan or other documents, which all shall be provided by the applicant and approved by the city engineer before a permit is issued. Such application shall contain an accurate description of the public right-of-way or portion thereof desired to be used under the authority of the permit sought, the use desired to be made of the public right-of-way by the applicant pursuant to the permit, the plans and specifications for any utility or structure desired in or on a public right-of-way, evidence showing the applicant to be the owner of, or entitled to the possession and use of, the property adjacent to the right-of-way concerning which the permit is sought and such other information deemed necessary or desirable 144 by the city engineer to enforce compliance with or to otherwise administer the provisions of this chapter. C. Fee. The fee for a short-term right-of-way use permit shall be set forth in the city of Yakima master fee schedule adopted via resolution by the city council. Additional fees based on the location and use may be required. D. Processing. The city engineer or their designee shall examine applications for compliance with the Yakima Municipal Code. Other city staff may examine applications if deemed appropriate by the city engineer. If the short-term right-of-way use permit is in a residential area, the city engineer shall evaluate the request in light of the requirements of YMC 8.20.052. Upon review, the city engineer may issue the permit based thereon, after receiving proof of insurance and the receipt of any other documents deemed necessary by the city. E. Insurance. The provisions of YMC 8.20.060, including but not limited to the liability limits, shall apply to short-term right-of-way use permits. F. Expiration. Short-term right-of-way use permits shall expire on the date listed on the permit. G. Renewal. Short-term right-of-way use permits may be renewed one time upon completion of a new application and the payment of the application fee. H. Inspections. The city will conduct any necessary inspections at the applicant's expense in accordance with the master fee schedule adopted by city council via resolution. Whether an inspection is necessary and how many inspections are needed shall be determined by the City Engineer or their designee in accordance with the scope of work. Section 2. Section 12.20.020: Payment under Chapter 12.20 Public Works Improvement Review and Inspection Fees, is hereby amended to read as follows: 12.20.020 Application fee. Prior to an application being reviewed by the city engineer, a complete application shall be submitted and an application fee shall be paid in full. The application fee shall be set forth in the city of Yakima master fee schedule adopted via resolution by the city council. This fee is non- refundable and shall be paid prior to commencement of plan review. Section 3. 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. 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 21st day of April, 2026. ATTEST: Matt Brown, Mayor Rosalinda Ibarra, CMC, City Clerk Publication Date: April 25, 2026 Effective Date: May 25, 2026 145 8.20.075 Short-term permits. For uses of a right-of-way for less than thirty days, the following process shall be followed in lieu of the process outlined in YMC 8.20.030 through 8.20.052 and YMC 8.20.070: A. Purpose. Short-term right-of-way permit uses are for those uses of the public right-of-way for less than thirty days, and include, but are not limited to, placement of limited-term container-type storage units, placement of limited-term dumpsters, use and occupation of the right-of-way for construction projects for less than thirty days, or use and occupation of the right-of-way to temporarily store landscaping materials or other equipment being used in a project. B. Application.Applications for short-term right-of-way use permits shall be filed with the city engineer or their designee upon an approved form and accompanied by a detailed scale drawing depicting the public right-of-way in the vicinity of the area for which the permit is sought, including existing utilities, street lights and traffic signal poles, street furniture and similar features of the area, as well as the dimensions and locations of the proposed use of the right-of-way.The application shall be filed no less than fifteen business days before the proposed startdate of the permit.The city engineer may require a traffic control plan or other documents, which all shall be provided by the applicant and approved by the city engineer before a permit is issued. Such application shall contain an accurate description of the public right-of-way or portion thereof desired to be used under the authority of the permit sought, the use desired to be made of the public right-of-way by the applicant pursuant to the permit, the plans and specifications for any utility or structure desired in or on a public right-of-way, evidence showing the applicant to be the owner of, or entitled to the possession and use of, the property adjacent to the right-of-way concerning which the permit is sought and such other information deemed necessary or desirable by the city engineer to enforce compliance with or to otherwise administer the provisions of this chapter. C. Fee. The fee for a short-term right-of-way use permit shall be set forth in the city of Yakima master fee schedule adopted via resolution by the city council. Additional fees based on the location and use may be required. D. Processing. The city engineer or their designee shall examine applications for compliance with the Yakima Municipal Code. Other city staff may examine applications if deemed appropriate by the city engineer. If the short-term right-of-way use permit is in a residential area, the city engineer shall evaluate the request in light of the requirements of YMC 8.20.052. Upon review, the city engineer may issue the permit based thereon, after receiving proof of insurance and the receipt of any other documents deemed necessary by the city. E. Insurance. The provisions of YMC 8.20.060, including but not limited to the liability limits, shall apply to short-term right-of-way use permits. 146 F. Expiration. Short-term right-of-way use permits shall expire on the date listed on the permit. G. Renewal. Short-term right-of-way use permits may be renewed one time upon completion of a new application and the payment of the application fee. H. Inspections. The city will conduct any necessary inspections at the applicant's expense in accordance with the master fee schedule adopted by city council via resolution.Whether an inspection is necessary and how many inspections are needed shall be determined by the City Engineer or their designee in accordance with the scope of work. 147 12.20.020 Application fee . Payment of the review and inspection fees shall be as follows: • Two hundred fifty dollars shall be paid at the time plans are submitted to the city engineer and shall be a nonrefundable charge. • Remainder of fee balance, if any, shall be paid following review and prior to approved plans being released to the consulting engineer/owner/developer. Prior to an application being reviewed by the city engineer, a complete application shall be submitted and an application fee shall be paid in full. The application fee shall be set forth in the city of Yakima master fee schedule adopted via resolution by the city council. This fee is non-refundable and shall be paid prior to commencement of application review. 148