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11/13/2018 09 YMC Text Amendments; YMC Amending Titles 15, 1 and 16
5l BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STAT EM ENT Item No. 9. For Meeting of: November 13, 2018 ITEM TITLE: Open record public hearing and Ordinance to consider the Yakima Planning Commission's recommendations regarding proposed text amendments to YMC Title 1 Administration, Title 15 Urban Area Zoning Ordinance, and Title 16 Administration of Development Permit Regulations SUBMITTED BY: Joan Davenport,AICP, Community Development Director Joseph Calhoun, Planning Manager(509) 575-6042 SUMMARY EXPLANATION: The City of Yakima Planning Commission, after holding several study sessions throughout 2018 and conducting open record public hearings on September 12, 2018 and October 10, 2018, is recommending text amendments to YMC Titles 1, 15, and 16. The text amendments include the following: 1. YMC § 15.08.045(7)— Sign Code Exemptions a. Modifications to Flag size and Flag pole height/location. 2. YMC § 15.23.030 — Rezones-Zoning map amendments a. Requiring a non-project rezone application to submit a non-binding conceptual site plan. b. Requiring that any conditions imposed on a Rezone application be incorporated into a development agreement. 3. YMC § 15.09.045 —Accessory Dwelling Units a. Consistency with Table 4-1 related to level of review(Class 2 in SR and R-1) b.Adding R-2 and R-3 as allowable zoning districts (Class 1 in R-2 and R-3) c. Clarifying structure type and placement d. Decreasing the minimum lot size from 0.25 acres to a lot appropriately sized for a duplex and allowing smaller lots to apply at a higher level of review. 4. YMC Ch. 15.17 — Modification a. Multiple changes throughout to allow any existing use which meets the applicable criteria to go through the Modification process. 2 5. YMC Ch. 15.02.020 — Definitions and YMC § 15.04.120 — Home Occupations a.Adding definition for"Home occupation, taxicab operator" b.Adding Taxicab Operator to Table 4-2 6. YMC § 15.03.020 — District and map overlay intent statements and YMC Table 4-1 — Permitted Land Uses a.Adding "light manufacturing, processing, research" to the Regional Development (RD) district intent statement. b.Adding certain uses and modifying the level of review of certain uses in the RD zone. 7. Various sections—Appeals a. Revised definition of"Party of Record" in YMC § 15.02.020 b.All appeal language is being consolidated to YMC Ch. 16.08. Modified sections include: YMC Ch. 1.43 — Hearing Examiner; YMC Ch. 15.16 —Appeals; YMC Ch. 16.08 —Appeals 8. YMC Ch. 15.02.020 — Definitions and and YMC Table 4-1 — Permitted Land Uses a.Adding definitions for Hotel, Motel and Extended Stay Hotel/Motel b. Modifying Table 4-1 to identify what zones the uses are permitted and at what level of review. The Yakima Planning Commission held public hearings on September 12, 2018 and October 10, 2018 and recommended approval of the proposed amendments. The Chair signed the recommendation findings on September 26, 2018 and October 16, 2018, respectively. Council was provided a complete printed version of the record for review(Council--please bring your binder to the meeting)ahead of the open record public hearing on November 13, 2018. The Public Hearing notice has been provided to all Yakima-area media, including Tu Decides, KDNA Radio, El Sol de Yakima, Hispanavision, Bustos Media, and El Mundo. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass Ordinance BOARD/COMMITTEE RECOMMENDATION: The Yakima Planning Commission held public hearings on September 12, 2018 and October 10, 2018 and recommended approval of the proposed amendments. The Chair signed the recommendation findings on September 26, 2018 and October 16, 2018, respectively. ATTACHMENTS: 3 Description Upload Date Type 0 0dinance 2018 Text Amendments 10/29/2018 Ordinance 0 Text Amendment Track Changes 10/17/2018 Backup Material 0 plete Record Txt Amend-PT 1 10'29/2018 Backup Material plete Record Txt nd-PT 2 10;29/2018 Backup Material 4 ORDINANCE NO. 2018- AN ORDINANCE amending Yakima Municipal Code Titles 15, 1, and 16 to incorporate text amendments recommended by the City of Yakima Planning Commission WHEREAS, the Planning Commission of the City of Yakima has considered amendments to modify the sign code, YMC § 15.08.045 Exemptions; Rezone criteria in YMC § 15.23.030; Accessory Dwelling Unit Standards in YMC § 15.09.045 and 15.04.030, Table 4-1; the Modification Chapter in YMC 15.17; Adding a definition and land use for Taxicab Home Occupation in YMC §§ 15.02.020 and 15.04.120; modifying the district intent statement and permitted uses in the Regional Development (RD) zoning district, YMC §§ 15.03.020 and 15.04.030, Table 4-1; consolidation of Appeals from YMC Ch. 1.43 and YMC § 15.16 into YMC Ch. 16.08; adding definitions for Hotel, Motel, and Extended Stay Hotel/Motel in YMC § 15.02.020 and adding Extended Stay Hotel/Motel to YMC § 15.04.030, Table 4-1; and WHEREAS, notice of all amendments to Development Regulations amendments to YMC Title 1, Title 15, and Title 16, hereinafter"Amendments," to fulfill the requirements of RCW 36.70A.130 was sent to the Washington State Department of Commerce and received by the same on September 12, 2018, that date being at least sixty days before the amendments were adopted by City Council; and WHEREAS, the Planning Commission held study sessions on the proposed amendments on December 13, 2017; January 10, 2018; March 14, 2018; March 28, 2018; April 11, 2018; May 5, 2018; May 23, 2018; June 27, 2018, July 25, 2018; August 8, 2018; August 22, 2018; September 12, 2018; and September 26, 2018; and WHEREAS, the Planning Commission held open record public hearings on September 12, 2018 and October 10, 2018, pursuant to notice and has received and considered all evidence and testimony presented; and WHEREAS, the Planning Commission, having conducted such public hearings, found, determined, and recommended that the City Council approve such amendments as indicated in signed recommendations dated September 26, 2018 and October 16, 2018; and WHEREAS, the City Council held a public hearing on November 13, 2018 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 recommendation from the Planning Commission, hereby finds and determines that approval of these amendments is 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 proposed amendments to YMC Title 15, Title 1, and Title 16, as contained in Exhibits "A", "B", and "C", respectively attached hereto and fully incorporated herein, shall replace and supersede previous versions of the referenced documents. 5 Section 2. Adoption of Planning Commission Findings. The findings within the September 26, 2018 and October 16, 2018 Signed Yakima Planning Commission's Recommendations, regarding this 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 3. Severability/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 4. Ratification. Any act consistent with the authority, and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. 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 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 13th day of November, 2018. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: 6 Exhibit "A" 2018 Text Amendments — Complete CleanVersion Title 15.02.020 Definitions For the purpose of this title, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified herein unless the context requires a different meaning. Where terms are not defined, they shall have the ordinary accepted meaning within the context with which they are used. Where an activity or land use could fall under two definitions, the more specific shall apply. The Webster's Ninth New Collegiate Dictionary, with the assistance of the American Planning Association's Planner Dictionary and Black's Law Dictionary, shall be the source for ordinary accepted meaning and for the definition of words not defined below. Specific examples are included as illustrations, but are not intended to restrict a more general definition. "Access driveway" means an entrance roadway from a street or alley to a parking facility. "Access easement" means any private easement for the purpose of ingress and egress that is not dedicated to the public and that is owned by the underlying owners of land over which it crosses. "Accessory dwelling unit(ADU)" means a structure meeting the purpose and requirements of YMC 15.09.045 which is attached to a single-family home, or detached garage with living facilities for one individual or family separate from the primary single-family. "Accessory use" means a use that is subordinate and incidental to a principal use. "Administrative official" means the duly appointed city of Yakima director of community development. Adult Day Care Center. See"Day care facility." "Adult family home" means a regular family abode, licensed by the state, in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services (RCW 70.128.175). "Agricultural building" means a structure designed and constructed to store farm implements or hay, grain, poultry, livestock, fruit and other agricultural products. Controlled atmosphere and cold storage warehouses are not agricultural buildings. An agricultural building shall not be used for human habitation; for processing, treating or packaging agricultural products; nor shall it be a place used by the public. "Agricultural market" means a use primarily engaged in the retail sale of fresh agricultural products, grown either on or off site. An agricultural market may include, as incidental and accessory to the principal use, the sale of factory-sealed or prepackaged food products such as boxes of apples or other fruit and some limited nonfood items, and these products shall consist of no more than forty percent of the gross floor area. This definition does not include the sale of livestock. "Agricultural product support" means a business that provides a product or service intended for use in the processing, storage, preservation, or distribution of agricultural commodities. This definition does not include agricultural processing, storage, preservation, distribution, and related uses. "Agricultural related industry" means specifically: 1. "Packaging plants" may include, but are not limited to, the following activities: washing, sorting, crating and other functional operations such as drying, field crushing, or other preparation in which the chemical and physical composition of the agricultural product remains essentially unaltered. This definition does not include processing activities, slaughterhouses, animal reduction yards, or tallow works; 2. "Processing plants" may include, but are not limited to, those activities which involve the fermentation or other substantial chemical and physical alteration of the agricultural product. This definition does not include slaughterhouses or rendering plants; and 3. "Storage facilities" include those activities that involve the warehousing of processed and/or packaged agricultural products. "Agricultural stand" means a structure up to one thousand square feet in area used for the retail sale of agricultural products grown on the premises, excluding livestock raised on the premises. "Agriculture" means the tilling of soil, raising of crops and horticulture. (See Table 4-1, YMC 15.04.030.) "Airport commercial" means the retail sale of aviation-related products and services including aircraft service and rental, air passenger services, and air terminal activities including passenger ticketing, baggage, taxi service, car rental, restaurants, hotels, and gift shops. 7 "Airport industrial" means research, design, fabrication, and assembly of aircraft, aircraft parts, and aviation- related products located at the Yakima Air Terminal. This use also includes storage and wholesale trade of aviation-related products and air cargo operations and associated storage and processing. "Airport operations" means activities, uses, structures and facilities that are located on and necessary to the operation of the Yakima Air Terminal. These activities and facilities include runways, taxiways, parking ramps and aprons, navigation and radar/radio communication facilities and equipment, safety and emergency facilities, and storage and maintenance facilities. "Alley" means a public thoroughfare or way twenty feet or less in width which has been dedicated to the city of Yakima or Yakima County for public use. Alleys provide only a secondary means of access to abutting property. "Amendment" means a change in the wording, content, or substance of this title, or change in the district boundaries on the official zoning map. "Amusement park" means a permanent indoor and/or outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or the sale of items, and buildings for shows and entertainment. "Animal clinic/hospital" means a structure used for veterinary care of sick or injured animals. The boarding of animals is limited to short-term care and is accessory to the principal use. This definition does not include kennels. "Animal husbandry" means the raising of domesticated farm animals when, in the case of dairy cows, beef cattle, horses, ponies, mules, llamas, goats and sheep, their primary source of food, other than during the winter months, is from grazing in the pasture where they are kept. "Appeal" means a request for review of an administrative official's or hearing examiner's decision, determination, order or official interpretation of any provision of this title. "Applicant" means a person submitting an application for any permit or approval required by this title and who is the owner of the subject property or the authorized agent of the owner. "Application for development" means the application form and all accompanying documents and exhibits required by this title or the administrative official. "Arterial" means a principal or minor arterial, as shown in the Yakima urban area transportation plan adopted in the Yakima urban area comprehensive plan. "Attached" means, in the case of dwellings, two or more dwellings connected by a common vertical wall(s) or roofline, or, in the case of multistory buildings, by a common ceiling/floor(s). "Auction house" means a structure or enclosure where goods and/or livestock are sold by auction. Automobile Service Station. See"Service station." "Automobile, truck, manufactured home and/or travel trailer sales" means a place used for the display, sale or rental of new or used automobiles, trucks, manufactured and mobile homes, travel trailers, and campers. "Automotive wrecking or dismantling yard" means a place used for the storage and/or sale of used automotive parts and for the storage, dismantling, sorting, cleaning, crushing or baling of wrecked automobiles, trucks, trailers, or machinery. "Bed and breakfast" means a residential structure providing individuals with lodging and meals for not more than thirty days. For home occupations, such uses are limited to having not more than five lodging units or guest rooms. "Beverage industries" means the production, processing, and/or packaging of milk, soft drinks, beer, wine, fruit juices and other drinks. Bingo Parlor. See"Game room." "Boardinghouse" means an establishment providing both lodging and meals for not more than ten persons residing in the facility on a permanent or semi-permanent basis. Building. See"Structure." "Building area" means the three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks and building coverage. "Building code" means the building code and related codes as amended and adopted by the city of Yakima. "Building height" is the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: 1. The elevation of the highest adjoining sidewalk or finished ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or finished ground surface is not more than ten feet above lowest finished grade; 8 2. An elevation ten feet higher than the lowest finished grade when the highest sidewalk or finished ground surface described in subsection 1 of this definition is more than ten feet above lowest finished grade. (See Figure 2-1.) The height of a stepped or terraced building is the maximum height of any segment of the building. 7 e , 3 �{ -w l f3 111.1414.1 .:. Determination of Building Height in Feet Figure 2-1 "Building official" means that person or persons designated by the legislative body to enforce the provisions of the building code and administer the assigned provisions of this title. "Business school" means a commercial or public school providing instruction solely in professional skills such as: business management, accounting, secretarial skills, sales, marketing and merchandising. "Butcher shop" means a custom retail meat cutting operation. This definition does not include slaughtering, but does include other accessory uses such as frozen food lockers. "Campground" means a development providing facilities for outdoor recreational activities, including structural improvements such as covered cooking areas, group facilities, and travel trailer or tent sites designed for temporary occupancy. This definition includes camping clubs when developed in accordance with applicable state standards. "Car wash" means a business engaged in washing, waxing and/or polishing cars and small trucks. This definition includes self-service car washes, automated car washes, manned car washes and auto detailing. Card Room. See"Game room." "Caretaker dwelling" means a single-family dwelling unit accessory to an agricultural, professional, commercial, or industrial use for occupancy by the owner/caretaker. "Centerline of right-of-way" means the midpoint between the future alignment of the opposite edges of the right- of-way. "Change of use" means a change from one use listed in Table 4-1, Table of Permitted Land Uses, to another use listed in that table. "Chicken tractor" means a movable chicken coop lacking a floor, and may house other kinds of poultry. "Children's outdoor recreation center" means an outdoor facility which offers children's rides and/or games such as go-carts, bumper boats, batting cages, miniature golf and/or similar activities for children and which does not operate between the hours of eleven p.m. and eight a.m. "Church" means a structure, or group of structures, which by design and construction are primarily used for organized religious services and instruction. "City" means the city of Yakima. "Class (1) uses" are those uses set forth and defined in the text and tables of YMC Chapter 15.04 and are considered compatible and are permitted on any site in the district. The administrative official shall review Class (1) uses for compliance with the provisions and standards of this title. "Class (2) uses" are those uses set forth and defined in the text and tables of YMC Chapter 15.04 and are generally permitted throughout the district. However, site plan review by the administrative official is required in order to ensure compatibility with the intent and character of the district and the objectives of the Yakima urban area comprehensive plan. "Class (3) uses" are those uses set forth and defined in the text and tables of YMC Chapter 15.04 and are generally incompatible with adjacent and abutting property because of their size, emissions, traffic generation, neighborhood character or for other reasons. However, they may be compatible with other uses in the district if they are properly sited and designed. Class (3) may be permitted by the hearing examiner when he determines, after holding a public hearing, that the use complies with provisions and standards; and that difficulties related to the compatibility, the provisions of public services, and the Yakima urban area comprehensive plan policies have been adequately resolved. 9 "Class (1), (2) or(3) use, approved" means any use or development approved upon completion of Type (1), (2) or(3) review. "Class (1), (2) or(3) use or development, existing" means a use or development legally existing or legally established prior to the effective date of this title that has been or would be classified under YMC Chapter 15.04 as a Class (1), (2) or(3) use in a particular district, even though the use has not been through Type (1), (2) or(3) review, and may or may not conform to the standards of this title. This definition includes any existing Class (1), (2), or(3) use with an approved modification under YMC Chapter 15.17. "Clean and sober facility" means a commercial business providing a dwelling or building for occupation by rehabilitated alcohol and/or drug users, during their re-entry into the community. The clean and sober facility provides residentially oriented facilities for the rehabilitation or social adjustment of persons who may need supervision or assistance in becoming socially reoriented, but who do not need institutional care. (Also see "Halfway house.") "Clinic" means a structure for the medical examination and treatment of human patients, but without provision for keeping such patients overnight on the premises. "Closed record appeal" means an administrative appeal, held under RCW 36.70B, that is on the record to a city body or officer(including the legislative body)following an open record hearing on a project permit application with no or limited new evidence or information allowed to be submitted and only appeal arguments allowed. "Coffee/espresso drive-through facility" is a place used to sell coffee and associated items from a drive-up window to a person driving a vehicle. "Coffee/espresso stand" is a place used to sell coffee and associated items from a bar or counter area commonly inside a building and/or structure. "Commercial services" means technical services and specialized care services such as lawn and garden care and delivery services, except as otherwise regulated. "Communication tower" means any tower, pole, mast, whip, or antenna, or any combination thereof, used for radio or television transmission or line-of-sight relay. This definition includes towers erected for use in the amateur radio service. "Communication tower height" means the vertical distance above the ground measured to the highest point of the communication tower. "Community center" means a facility owned and operated by a public agency or nonprofit corporation, provided the principal use of the facility is for public assistance, community improvement, or public assembly. "Community garden" means: 1. Privately or publicly owned land that is used by multiple users who may or may not have ownership of the property; 2. May be divided into separate plots, for the cultivation of fruits, vegetables, plants, flowers, or herbs; 3. Common areas associated with the garden are maintained by group members; 4. The produce or goods grown on site are not for commercial sale; 5. A community garden is different than a"collective garden"that is used for the growing of marijuana plants; and no marijuana shall be grown on a community garden plot; 6. A community garden is separate from the use of"agriculture" as defined and regulated under YMC Chapter 15.02 and YMC 15.04.030, Table 4-1, and is different than a privately maintained garden that is associated with a principal use and regulated in accordance with YMC 15.04.060(A); and 7. Structures and buildings associated with a community garden are considered "accessory uses"to a principal use, and shall comply with the provisions of YMC Title 15, and the International Fire and Building Codes. Community Water System. See"Water system, public." "Compatibility" means the characteristics of different uses or developments that permit them to be located near each other in harmony with or without special mitigation measures. "Comprehensive plan" means the Yakima urban area comprehensive plan and any supplemental plans officially adopted under RCW Chapter 36.70, for the Yakima urban area or any portion thereof. "Concentrated animal feeding operation" means a structure or pens for the concentrated feeding or holding of animals or poultry, including, but not limited to, horses, cattle, sheep or swine. This definition includes dairy confinement areas, slaughterhouses, shipping terminal holding pens, poultry and/or egg production facilities and fur farms, but does not include animal husbandry. "Condition(s) of approval" means restrictions or requirements imposed by an administrative official pursuant to authority granted by this title. Consulting Services. See"Professional business." 10 "Convalescent or nursing home" means an establishment providing nursing, dietary and other personal services to convalescents, invalids, or aged persons, but not mental cases or cases for contagious or communicable diseases which are customarily treated in sanitariums and hospitals. "Converted dwelling" means a structure which, due to interior alterations, has been modified to increase the number of individual dwelling units. This definition does not apply to multifamily structures constructed under the provisions of this title. "Cosmetic services" means tattooing, body piercing, and similar services. "County" means Yakima County. "Dangerous waste" means those solid wastes designated in WAC 173-303-070 through 173-303-103 as dangerous or extremely hazardous waste. "Day" means calendar day. (See YMC 15.20.110.) "Day care center" means a day care facility that supplies care, attention, supervision and oversight serving thirteen or more children regardless of whether such services are provided for compensation, governed by Washington State DSHS licensing provisions for said day care use and conducted in accordance with state DSHS requirements. "Day care facility" means a building or structure in which an agency, person or persons regularly provide care for a group of nonrelated individuals (children or adults)for periods of less than twenty-four hours a day. This includes family day care homes and day care centers. "Day care home, family" means a family day care home located in a private home that supplies care, attention, supervision, and oversight for one to twelve children, governed by Washington State DSHS licensing provisions for said day care use and conducted in accordance with said state DSHS requirements. "Delicatessen and other specialty food stores" means retail food stores selling ready-to-eat food products such as cooked meats, prepared salads or other specialty food items. This definition includes seafood, health food and other specialty food stores having seating for no more than five persons. "Department" means the city of Yakima department of community development. "Desktop publishing" means activity related to the use of computers in order to produce documents for personal use or for other uses. "Development" means"use" as defined by this title. "Development permit" means written authorization for development or modification of development as defined in this title. When a building or other construction permit is required, the building/construction permit shall serve as the other development permit. If no building/construction permit is required, the zoning decision shall serve as the development permit. "Development, planned residential" means, in the residential districts, the coordinated development of a single lot with a number of residential structures and/or dwelling types which are designed to: 1. Maintain the character of the residential neighborhood; 2. Provide compatibility between various types of dwelling units, off-street parking and other uses within the site; and 3. Share such site amenities as off-street parking, access drives, open space and recreational facilities. This definition includes the clustering of residential units on a single lot. In the commercial districts, "planned residential development" means a mixed-use development combining multifamily residential and commercial use(s) into a single coordinated project. "Divide" means any transaction or action, not otherwise exempt or provided for under the provisions of this title, which alters or affects the shape, size or legal description of any part of an owner's"land" as defined in this chapter. Sale of a condominium apartment and rental or lease of a building, facility or structure, which does not alter or affect the legal description of an owner's "land," shall not constitute a division of land. "Planning division" or"division" means the city of Yakima planning division, which is a division of the department of community development. "Domestic farm animal" means animals domesticated by man to live in a tame condition. This definition includes dairy cows, beef cattle, horses, ponies, mules, llamas, goats, sheep, rabbits, poultry, and swine. "Domestic farm animal—Pet" means four or fewer hen chickens (no roosters) or rabbits that are kept for pleasure or as a hobby rather than utility. Domestic farm animals that are considered pets are regulated under the provisions of YMC 15.04.060(D), Accessory uses, Pets, and are not subject to the provisions of YMC 15.09.070, Special requirements for animal husbandry. "Driveway" means the private traveled access to a property or through a parking lot for three or more vehicles. "Drugstore" means a store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines, but where nonmedical products are sold as well. "Dwelling" means a structure or portion thereof designed exclusively for residential purposes. 11 "Dwelling, multiple-family" means a structure or structures, or portion thereof, designed for occupancy by three or more families living independently of each other and containing three or more attached dwelling units on a lot. Multiple-family and detached single-family dwellings that are clustering around a common amenity such as open space, recreation facilities or common community building, and have a common driveway access on a single lot of record are also considered multiple-family development. "Dwelling, single-family" means a structure designed to contain a single dwelling unit. Single-family dwellings are further classified by their nature of construction as follows: 1. Site-built: Constructed primarily at the occupancy site and permanently affixed to the ground by a foundation. 2. Modular home: See"Modular home." 3. Manufactured home: See"Manufactured home" and "Mobile home." "Dwelling, single-family attached" means two single-family dwellings that are attached, but with each dwelling unit located entirely on its own lot. This definition does not include row houses or other housing types with more than two attached single-family dwellings. "Dwelling, single-family detached" means one dwelling unit located on one lot and not attached to any other dwelling unit. "Dwelling, two-family" means a structure designed exclusively for occupancy by two families living independently of each other and containing two attached dwelling units on the same lot. This definition includes the term "duplex." "Dwelling unit" means one or more rooms in a dwelling for the occupancy of one family and providing complete and independent living facilities, including permanent provisions for living, sleeping, cooking, eating and sanitation. "Dwelling unit" does not include recreational vehicles or mobile homes. "Earthen material" means sand, gravel, rock, aggregate and/or soil. "Environmental review" means the procedures and requirements established by the State Environmental Policy Act, RCW Chapter 43.21C, as it now exists or is hereafter amended. "Existing uses" means a use or development legally existing or legally established by a jurisdiction prior to the effective date of this title that has been or would be classified under YMC Chapter 15.04 as a Class (1), (2), or (3) use in the appropriate zoning district. "Family" means individuals, consisting of two or more persons related by blood, marriage or adoption, or a group of not more than five persons, excluding servants, who are not related by blood, adoption or marriage, living together as a single housekeeping unit in a dwelling unit. A. The term "family" shall include: 1. State-licensed adult family homes required to be recognized as residential uses pursuant to RCW 70.128.175; 2. State-licensed foster family homes and group care facilities as defined in RCW 74.15.180, subject to the exclusions of subsection B of this definition; and 3. Group homes for the disabled and consensual living arrangements equivalent to a familial setting required to be accommodated as residential uses pursuant to the Fair Housing Act and the Washington Housing Policy Act, RCW 35.63.220and 35A.63.240, respectively. B. The term "family" shall exclude individuals residing in halfway houses, crisis residential centers as defined in RCW 74.15.020(3)(g), group homes licensed for juvenile offenders, or other facilities, whether or not licensed by the state, where individuals are incarcerated or otherwise required to reside pursuant to court order under the supervision of paid staff and personnel. C. Calculation of Residents. When calculating the number of unrelated persons residing in a single-family dwelling unit, the following rules shall apply: 1. When one or more unrelated persons reside with a family whose members are related by genetics, adoption or marriage, the total number of residents shall not exceed five persons except as provided in subsection (C)(2) of this definition. 2. A family unit consisting entirely of persons related by genetics, adoption or marriage may rent a room to a total of two additional renters, or up to two students as a part of a recognized foreign exchange program or similar educational, nonprofit program, or a combination of a renter and such student to a total of two additional persons. The additional renters and/or foreign exchange students, to a maximum of two, shall not be considered when calculating the number of unrelated persons residing in a dwelling unit under subsection (C)(1) of this section. Three or more renters and/or students shall be considered as unrelated individuals and all persons residing in a dwelling unit, regardless of whether a portion of them are related by genetics, adoption or marriage, shall be considered when determining the total unrelated persons residing at a site. 3. Nothing herein shall be interpreted to limit normal hosting activities associated with residential use. 12 "Fence" means a structure built to prevent escape or intrusion, or to provide privacy or sitescreening. "Finding" is a conclusion of fact reached by the administrative official in a review process and based on the evidence available therein. "Floodplain (one-hundred-year)" means the relatively flat area or lowlands adjoining the channel of a river or stream subject to a one percent or greater chance of flooding in any given year. "Floodway" means the channel or waterway or those portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwaters of the watercourse without causing more than a one-foot rise in the water surface elevation of a one-hundred-year flood. "Food preparation" means a business, service or facility dealing with the preparation of food items for off-site consumption. This definition includes confectioneries, catering services, and preparation of food items for wholesale. "Game room" means a commercial facility, or a portion thereof, open to the general public, in which card games, pool, electronic games, bingo, etc., are played; provided, however, that this definition shall exclude "social card room" as defined herein. (Also see"Meeting hall.") "Garage, private" means a building or portion of a building designed to store motor vehicles that are used by the occupants of the site's primary use. "Garage, public" means a building or portion of a building used for equipping, repairing, servicing, hiring, selling or storing motor-driven vehicles; but excluding private garages. General Retail Sales. 1. Twelve thousand square feet or less (not otherwise regulated) means the retail sales of merchandise in a store type setting where the building/structure's gross size is twelve thousand square feet or less. 2. Greater than twelve thousand square feet(not otherwise regulated) means the retail sales of merchandise in a store type setting where the building/structure's gross size is greater than twelve thousand square feet. Land uses permitted under the above two categories include, but are not limited to: Addressing, mailing, and stenographic services Toy and hobby stores Antique stores Jewelry, watches, silverware sales and repair Artist's supplies Music stores/instrument sales and repair Bakeries Secondhand stores Book stores Paint, glass and wallpaper stores Stationery and office supplies Pet stores and supplies/grooming Camera and photographic supplies Printing, photo copy service Clothing, shoes, and accessories Sporting goods and bicycle shops Computer and electronic stores Video sales/rental Collectables (cards, coins, comics, stamps, etc.) Gift shops Department stores Discount store Drug stores and pharmacies Variety store Fabric and sewing supplies Specialty shops Florist(indoor sales only) Small appliances Specialty food stores TVs, business machines, etc., sales Land uses not meeting the intent of the general retail sales and retail trade definitions, as determined by the administrative official, may be either referred to the hearing examiner for a use interpretation under Chapter 15.22 or use classification under YMC 15.04.040. "Gift shop" means a business primarily engaged in the retail sale of combined lines of gifts and novelty merchandise, souvenirs, greeting cards, balloons, holiday decorations, curios, crafts, and miscellaneous small art goods. "Glare" is the reflection of harsh, bright light. "Grade" is the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building. Gross Floor Area. See YMC 15.06.040. "Group home" means a place for handicapped, physically or developmentally disabled adults, or dependent or predelinquent children, providing special care in a homelike environment. This definition includes homes of this 13 nature for six or fewer persons, excluding house parents, which are protected by state or federal law as residential uses. Halfway House. A"halfway house" shall include residentially oriented facilities that provide: 1. State-licensed group care homes for juvenile delinquents; 2. Houses providing residence in lieu of instructional sentencing; 3. Houses providing residence to individuals needing correctional institutionalization; or 4. Detoxification centers licensed by the state where alcohol and drug abusers can be placed in lieu of incarceration for detoxification and treatment from effects of alcohol and drugs. (See"Clean and sober facility.") "Hazardous materials" means any item listed as hazardous by a federal agency or State Department of Ecology or the Yakima regional clean air authority. (See YMC 15.13.020(D).) "Hazardous waste" means and includes all dangerous and extremely hazardous wastes as defined in RCW 70.105.010. "Hazardous waste facility, off-site" means hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the off-site facilities are located. "Hazardous waste facility, on-site" means hazardous waste treatment and storage facilities which treat and store wastes generated on the same lot. "Hazardous waste generator" means any person or site whose act or process produces dangerous waste or whose act first causes dangerous waste to become subject to regulations under the dangerous waste regulations, WAC Chapter 173-303. "Hazardous waste storage" means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by the generator at the generation site is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201. "Hazardous waste treatment" means the physical, chemical, or biological processing of dangerous waste to make such waste nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in value. "Hearing examiner" means that person appointed by the Yakima city council. "Home instruction" means the teaching of an art, hobby, skill, trade, profession or sport as a home occupation, except when otherwise prohibited. (See YMC Chapter 15.04, Table 4-2.) "Home occupation" means the accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services in the home. "Home occupation, business administration" means the accessory use of a dwelling as an administrative office for a licensed commercial business located in an approved commercial zoning district, or a home based Internet business that does not involve the resale of commercial goods. The home is used for phone calls, mail, completing paperwork, and work on a home computer associated with a business. This definition does not include manufacturing, sales not associated with an Internet business, repair or other services. "Home occupation, home contractor" means the accessory use of a dwelling as, but not limited to, lawn care and/or snow removal services, building, electrical and plumbing, contractors offices for small businesses. "Home occupation, taxicab operator" means the accessory use of a dwelling as an administrative office for a Taxicab licensed under YMC Ch. 5.78. This use shall be limited to a maximum of two vehicles operated by immediate family members who reside in the home. "Homeowners' association" means a community association, other than a condominium association, in which individual owners share ownership or maintenance responsibilities for open space or facilities. "Hospital" means an institution providing clinical, temporary, and emergency services of a medical or surgical nature to human patients which is licensed by state law to provide facilities and services for surgery, obstetrics, and general medical practice as distinguished from clinical treatment of mental and nervous disorders. "Hotel" means a lodging use located in a structure, or structures, where rooms are usually accessed by means of common interior hallways, and which more than 90% of the rooms are provided to transient visitors for a fee on a daily or short-term basis. For purposes of this definition, "daily or short term" means 30 or fewer consecutive days. This definition does not include other defined uses including, but not limited to, a boarding house or multi-family dwelling. "Motel" means a lodging use located in a structure, or structures, where rooms are usually accessed by means of exterior corridors, and which more than 90% of the rooms are provided to transient visitors for a fee on a daily or short-term basis. For purposes of this definition, "daily or short term" means 30 or fewer consecutive days. This definition does not include other defined uses including, but not limited to, a boarding house or multi- family dwelling. 14 "Extended Stay Hotel/Motel" means a hotel or motel where more than 10% of the rooms are rented to the public for longer stays, which are more than 30 consecutive days. This definition does not include other defined uses including, but not limited to, a boarding house or multi-family dwelling. "Hulk hauler" means any person who deals in vehicles for the sole purpose of transporting and/or selling them to a licensed motor vehicle wrecker or scrap processor in substantially the same form in which they are obtained. A hulk hauler may not sell secondhand motor vehicle parts to anyone other than a licensed vehicle wrecker or scrap processor, except for those parts specifically enumerated in RCW 46.79.020(2), as now or hereafter amended, which may be sold to a licensed vehicle wrecker or disposed of at a public facility for waste disposal. (RCW 46.79.010) "Impervious surface" means any material reducing or preventing absorption of stormwater into previously undeveloped land. "Intensity" is the combination of factors (such as visual appearance and building size, traffic generation, noise, dust and light and economic value) associated with a particular use that determines the potential impact of that use on neighboring land uses. The higher the intensity, the greater the possible impact on neighboring land uses. Generally, the intensity of a land use will determine its compatibility with other types of land uses. "Irrigation and/or drainage facilities" means all irrigation and/or drainage structures, including, but not limited to: standpipes, weir boxes, pipelines, ditches, pump houses, culverts, etc. "Kennel" means a building, enclosure or portion of any premises in or at which dogs, cats or other domesticated animals are boarded or kept for hire; or in or at which dogs, cats or other domesticated animals are kept or maintained by any person other than the owner; or in or at which six or more cats or four or more dogs over the age of four months are kept or maintained. This definition shall include boarding kennels, but not pet shops, animal hospitals or zoos. "Land" means a lot or parcel. "Land use" means the manner in which land and structures are used. "Landscaping" means the arrangement and planting of trees, grass, shrubs and flowers, and the placement of fountains, patios, street furniture and ornamental concrete or stonework and artificial turf. "Legislative body" means the Yakima city council. "Loading space" means an off-street space on the same lot with a structure or use, or contiguous to a group of structures or uses, for the temporary parking of a vehicle while loading or unloading persons, merchandise, or materials, and which abuts a street, alley or other appropriate means of access and egress. "Lot" means a division of land: 1. Defined by boundaries and shown on a final plat or short plat officially recorded in the Yakima County auditor's office; or 2. A legally recognized prior division or parcel under the provisions of Yakima County's subdivision ordinance or the city of Yakima's subdivision ordinance. "Lot area" means the total horizontal area within the boundary lines of the gross lot. "Lot, corner" means a lot abutting two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than one hundred thirty-five degrees. (See Figure 2-2.) Lot LA> 114000 Lot L Colint it Lei s / 1 i Figure 2-2 "Lot coverage" means that portion of the lot that is covered by structures and other impervious surfaces. 15 "Lot depth" means the horizontal length of a straight line drawn from the midpoint of the front lot line to the LPA Lae Lit a Laxx Nptli midpoint of the rear lot line. (See Figure 2-3.) Figure 2-3 "Lot, flag" means a lot only a narrow portion of which fronts on a public/private road and where access to the public/private road is across that narrow portion. (See Figure 2-2.) "Lot, inside or interior" means a lot other than a corner lot. (See Figure 2-2.) "Lot line, front" means, in the case of an interior lot, the property line separating the lot from the road or street, other than an alley. For the purpose of establishing the front lot line for a corner or flag lot, the following shall apply: 1. In the case of a corner lot, the front lot line shall be the property line with the narrowest street frontage, except that the building official, or his designee, shall designate the front lot line for corner lots in residential districts. 2. For a flag lot, when the access easement or right-of-way extends across the lot, the front lot line shall be the line separating the lot from the right-of-way or access easement. When the right-of-way or access easement does not extend across the property, the front lot line shall be determined by the building official. "Lot line, interior" means, in the case of zero lot line development, the property line separating a zero lot line from: (a) another zero lot line or(b) adjoining common open space. (See Figure 2-4.) f.11 . Lai kno: } I Figure 2-4 "Lot line, rear" means the property line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply: 1. For a triangular or gore-shaped lot, a line ten feet in length within the lot and farthest removed from the front lot line, and at right angles to the line comprising the depth of such lot, shall be used as the rear lot line. 2. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the required rear lot line. 3. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot. "Lot line, side" means any lot boundary line not a front lot line or rear lot line. "Lot, through" means an interior lot having frontage on two streets. (See Figure 2-2.) "Lot width" means the horizontal distance between the side lot lines, measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot lines. (See Figure 2-3.) "Low impact development" means stormwater management and land development strategies that emphasize conservation and use of existing natural site features integrated with disturbed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential, commercial, and industrial settings. Low impact development addresses stormwater management and land development that is applied at the parcel and subdivisions scale that emphasize conservation and use of on-site natural features. "Manufactured home" means a dwelling on one or more chassis for towing to the point of use which bears an insignia issued by a state or federal regulatory agency indicating that the structure complies with all applicable construction standards of the U.S. Department of Housing and Urban Development definition of a manufactured home and was built after June 15, 1976. Manufactured homes are further classified as follows: 16 1. "Multi-wide" has a minimum width of not less than seventeen feet as measured at all points perpendicular to the length of the manufactured home; 2. "Single-wide" has a minimum width less than seventeen feet as measured at any point perpendicular to the length of the manufactured home. "Manufactured structure" means a building manufactured with the intent of being transported to a fixed site and constructed in accordance with the building codes as adopted by the city. "Massage therapy/spa" means a scientific or skillful manipulation of soft tissue for therapeutic or remedial purposes, specifically for improving muscle tone and circulation and promoting health and physical well-being. The term includes, but is not limited to, manual and mechanical procedures for the purpose of treating soft tissue only, the use of supplementary aids such as rubbing alcohol, liniments, oils, antiseptics, powders, herbal preparations, creams or lotions, procedures such as oil rubs, salt glows and hot or cold packs or other similar procedures or preparations commonly used in this practice. This term specifically excludes manipulation of the spine or articulations and excludes sexual contact. "Master planned development" means any development within the Yakima urban growth area approved under YMC Chapter 15.28(i.e., planned residential development, planned commercial development, planned industrial development, and planned mixed-use development). "Meeting hall" means a private or quasi-private facility in which defined groups or organizations come together for meetings and social events. Includes private bridge club-type card rooms, grange halls, etc. "Mining" means all or any part of the process involved in quarrying, mineral extraction, crushing, asphalt mixing plants, concrete batch plants, or other uses of a similar nature, but does not include petroleum or natural gas exploration or production. "Mission" means a facility typically owned or operated by a public agency or nonprofit corporation, providing a variety of services for the disadvantaged, typically including but not limited to temporary housing for the homeless, dining facilities, health and counseling activities, whether or not of a spiritual nature, with such services being generally provided to the public at large. Mission uses shall be Class (2) uses within the GC general commercial, CBD central business district, and M-1 light industrial zoning districts as set forth in Table 4-1, YMC 15.04.030, and subject to a Type (3) review as set forth in Chapter 15.15 YMC with a development agreement incorporating applicable development standards and mitigations imposed by the hearing examiner. Effective as of and from August 24, 2015, any modification of an existing mission use shall be subject to the modification procedures and provisions of Chapter 15.17 YMC; provided, that any proposed modification that does not meet the criteria in YMC 15.17.040 for administrative review and approval shall be subject to a Type (3) review with a development agreement incorporating applicable development standards and mitigations imposed by the hearing examiner. "Mixed-use building" means a building in a commercial district or planned development used partly for residential use and partly for a community facility or commercial use. "Mixed-use development" means use of the land or structure for two or more different uses. "Mobile home" means a dwelling on one or more chassis for towing to the point of use which does not meet applicable HUD manufactured housing standards of June 15, 1976. This definition does not include modular homes, manufactured homes, commercial coaches, recreational vehicles or motor homes. "Mobile home park" means a parcel of land under single ownership used for the placement of two or more mobile or manufactured homes used as dwellings. This definition shall not apply to the placement of a temporary hardship unit(see YMC 15.04.140) on the same parcel with another home. "Mobile home park expansion" means the preparation of additional sites for mobile or manufactured homes (including the installation of utilities, final site grading, the pouring of concrete pads, and the construction of streets). "Mobile vendor" means a vendor or seller of merchandise or food from a motorized vehicle or other motorized conveyance upon the public streets, alleys, public property of the city, or upon private property. See YMC Chapter 5.57. "Modification (of use or development)" means any change or alteration in the occupancy, arrangement, placement or construction of any existing use, structure, or associated site improvement, and any change or alteration of land. "Modular home" means a residential structure which meets the requirements of the International Building Code and is constructed in a factory and transported to the building site. Modular homes are not subject to special review; they are subject to the same review standards as a site-built home. "Multiple-building complex" means a group of structures housing separate businesses sharing the same lot, access and/or parking facilities. 17 "Multiple-occupancy building" means a single structure housing more than one retail business, office, or commercial venture. "Net residential acre" means forty-three thousand five hundred sixty square feet minus the area in private and public streets, rights-of-way, and access easements. (See YMC 15.05.030(B)to calculate the maximum number of dwelling units permitted on a site.) "Nonconforming lot" means a lot, the area or dimension of which was lawful prior to adoption or amendment of this title, but which fails to conform to the present requirements of the zoning district in which it is located. "Nonconforming structure" means a structure that was lawful prior to the adoption or amendment of this title that fails, by reason of such adoption or amendment, to conform to the present requirements of the zoning district where it is located. "Nonconforming use" means a use of land or structure lawfully established and maintained, but which does not conform to this title for the district where it is located. "Nuisance" means any use, activity or structure that interferes with the enjoyment and use of one's property by endangering personal health or safety, offending the human senses, and/or failing to conform with the provisions, intent, or standards of the district where the use, activity or structure occurs. "Nursery" means facilities used for the propagation and sale of agricultural or ornamental plants and related products. Nurseries are further classified as follows: 1. "Retail nursery" means a nursery which offers products to the general public including plant materials, planter boxes, fertilizer, sprays, garden tools, and related items; 2. "Wholesale nursery" means a nursery that raises nursery stock for sale to a retail nursery or other business; and 3. "Greenhouse" means a nursery facility constructed with transparent or translucent materials for indoor propagation of plants. This definition does not include private greenhouses with no commercial sales. "Occupancy" means the purpose for which a structure, portion of a structure, or lot is used or intended to be used. For purposes of this title, a change of occupancy is not intended to include a change of tenants or proprietors, but is intended to indicate a change in the type of use. "Off-street parking" means a parking space(s) and associated driveway(s) located beyond the right-of-way of a highway, street or alley. "Open space" means an area of land or water that is substantially free of structures, impervious surfaces, and other land-altering activities. "Open space, common" means open space within or related to a development that is not dedicated for public use, but is designed, intended and legally committed for the common use or enjoyment of the residents of the development. "Park" means a public or privately owned area with facilities for active or passive recreation by the public. "Parking angle" means the angle formed by a parking stall and the edge of a parking bay, wall or driveway of the parking facility, ranging from zero to ninety degrees. "Parking bay" means the section of a parking facility containing a driveway and containing one or two rows of parking stalls. "Parking lot" means a facility designed to serve parking for five or more motor vehicles. "Parking space" means an off-street area that is paved, drained, maintained and used for the temporary storage of one motor vehicle. "Parking stall" means a clearly marked area in which one vehicle is to be parked; a parking space. "Party of Record" means: (1)the applicant; (2)the property tax payer for the subject property as identified by the records available from the Yakima County assessor's office; (3)the legal owner of the subject property; (4) any person who testified at the open record public hearing on the application; and/or(5) any person who submitted written comments during administrative review(within the required timeframe) or has submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or form letters). "Permit" means written governmental approval issued by an authorized official, empowering the holder thereof to take some action permitted only upon issuance of written approval. "Personal services" means a business providing specialized services such as interior home or business design and shopping services, except as otherwise regulated. "Pet" means a domesticated animal kept for pleasure or as a hobby rather than utility including but not limited to: fish, dogs fewer than four, cats fewer than six, hen chickens (no roosters)fewer than five, and rabbits fewer than five. "Pet day care" means a building or structure in which an agency, person or persons regularly provide care for pets, but not including overnight stays. Uses not meeting this definition shall be considered kennels. 18 "Planning commission" means the duly constituted planning commission for the city of Yakima. "Planning division" means the department of community development of the city of Yakima. "Preliminary approval" means the contingent approval by the administrative official using an appropriate Type (2) or(3) review process prior to final approval. Preschool. See"Day care center." "Private access easement" means any private easement for the purpose of ingress and egress that is not dedicated to the public and that is owned by the underlying owners of land over which it crosses. "Product assemblage" means a business or service involved in assembling products for off-site sales. "Professional business" means a business primarily engaged in administrative or service-related functions and dependent upon professional staff such as lawyers, doctors, realtors, travel agents, bankers, accountants, engineers and consultants; or providing administrative governmental services. "Property owner(s)" means the legal owner or owners of the property. "Public facility" means a facility owned and operated by a governmental agency or owned and operated by a private entity for the purpose of providing essential public services to the public including, but not limited to: water, irrigation, wastewater, garbage, sanitary, transit, police, fire, ambulance, parks and recreation facilities, and street maintenance. The facility should be located to efficiently serve the people benefiting from the service. "Public hearing" means a meeting open to the public that is announced and advertised in advance at which the public is given an opportunity to participate. Public Water System. See"Water system, public." "Recreational screen" means a protective device for recreational purposes designed to keep recreational equipment within or outside of a designated area. Such uses are typically associated with schools, parks, golf courses, swimming pools, ball fields, and playgrounds. "Recreational vehicle" means a motorized or nonmotorized vehicle designed and manufactured for recreational use, including, but not limited to: boats, travel trailers, snowmobiles, go-carts, motorcycles and dune buggies. "Recycling drop-off center" means a commercial facility where products such as aluminum, tin cans, glass, plastic, paper, and other similar products are deposited, sorted and transferred to a recycling processing center for reprocessing. "Recycling processing center" means a facility where products such as aluminum and tin cans, glass, plastic, paper and other similar products are deposited, sorted, stored, and reprocessed. "Residential density" means the number of dwelling units per net acre of land. This term includes dwelling unit density. "Restaurant" means establishments serving prepared food or beverages for consumption on or off premises. This land use includes but is not limited to: restaurants, sandwich shops, coffee shops with or without drive- through facilities (see YMC 15.04.080 for establishments with drive-through facilities), and fast food restaurants, but does not include bars, cocktail lounges, taverns, brewpubs as licensed by the Washington State Liquor Control Board, catering services, or industrial scale food production facilities. "Retail services" means uses providing services, as opposed to products, to the general public. Examples are eating and drinking establishments, motels, real estate and financial offices, and uses providing health education and social services. "Retail trade" means those uses primarily engaged in the sale of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Lumber yards, office supply stores, nurseries, butcher shops, paint stores and similar uses shall be considered as retail trade establishments even though a portion of their business may be to contractors or other business establishments. "Retaining wall" means a wall made of wood, stone, cement, steel or other products intended to support, retain or stabilize earthen or gravelly materials at either natural or finished grade. "Retirement home" means an establishment providing domestic care for elderly persons who are not in need of medical or nursing treatment except in the case of temporary illness. This definition does not include nursing, convalescent or rest homes, hospitals or sanitariums. "Reviewing official" means the building official, administrative official, hearing examiner, city of Yakima planning commission, or legislative body when engaged in any review or approval procedure under the provisions of this title. "Rezone" means to change the zoning district classification of particular lot(s) or parcel(s) of land. "Right-of-way, public" means land deeded or dedicated to or purchased by the city of Yakima or Yakima County for existing or future public pedestrian or vehicular access. "Road, local access" means a public road not designed as a principal arterial, minor arterial, collector arterial or neighborhood collector by Yakima County or the city of Yakima. The primary purpose of a local access road is to connect property along the local access road with the arterial street system. 19 "Road, private" means a road not designed, built, or maintained by the city, the Washington State Department of Transportation, or any political subdivision of the state. "Road, public" means the physical improvement of the public right-of-way, including, but not limited to, surfacing, curbs, gutters and drainage facilities, which is maintained and kept open by the city of Yakima or Yakima County for public vehicular and pedestrian use. "School" means a structure and accessory facilities in which prescribed courses are taught. This definition includes elementary, junior high or high schools and institutions of higher learning, but does not include commercial schools, nursery schools, kindergartens, or day nurseries, except when operated in conjunction with a public, private, or parochial school. "School, vocational" means the commercial use of a structure or land for teaching arts, crafts, or trades. "Service station" means a retail facility to supply motor fuel and other petroleum products to motor vehicles, and may include lubrication and minor repair service and incidental sale of motor vehicle accessories. "Setback, front" is the minimum horizontal distance measured perpendicularly from the centerline of the adjacent right-of-way to the nearest wall of the structure. Where there is a partial right-of-way, the setback shall be measured perpendicularly from the design centerline. When there is no right-of-way, the front setback shall be twenty feet from the front property line. "Setback, side and rear" is the minimum horizontal distance measured perpendicularly from the nearest property line to the nearest wall of the structure, except that a side setback on a corner lot, along the adjacent right-of-way, shall be measured perpendicularly from the centerline of the right-of-way. When there is a partial right-of-way, the setback shall be measured perpendicularly from the design centerline. "Sewer system, community" means small, self-contained sewage treatment facilities built to serve developed areas generally found outside public sewer service areas. "Sewer system, individual" means a system designed and constructed on site to dispose of sewage from one or two structures. Septic tank systems are the most common form of individual sewer system. "Sewer system, regional" means sewer service provided by a municipality or special purpose district. Sign. See YMC Chapter 15.08 for a complete listing of sign definitions. "Sign manufacturing and assembly" means the design, manufacturing, and assembly of metal-cased, thermo- formed, wooden, stone, neon, internally lit, or electronic signs. "Site improvement" means any structure or other addition to land. "Site improvement, required" means any specific design, construction requirement or site improvement that is a condition of approval for any permit issued under the provisions of this title or which is a part of any site plan approved under the provisions of this title. "Site plan, detailed" means a general site plan incorporating such additional factors as landscaping, drainage, and others as may be specified. "Site plan, general" means a sketch drawn to scale showing the actual dimensions and shape of the lot to be built upon, the sizes and location of existing buildings on the lot to the nearest foot, and the location and dimensions of the proposed building(s), structure(s), or alteration(s). "Social card room" means a commercial facility, or a portion thereof, open to the general public, in which house-banked social card games are played, as that term is defined by RCW 9.46.0282 (or as the same may be subsequently amended hereafter), or in which other activities occur that constitute gambling and are authorized by the Washington State Gambling Commission under RCW 9.46.070(or as the same may be subsequently amended hereafter), to the extent that said activities include any gambling activity engaging in the use of, or associated with, slot machines (whether mechanical or electronic) or any gambling activity engaging in the use of, or associated with, any other electronic mechanism including video terminals. "Special event" means any event for which a special event permit has been issued pursuant to Chapter 9.70 of this code. Specialty Food Store/Food Store, Specialty. See"Delicatessen and other specialty food stores." "Standard, administrative adjustment of" means a change, either an increase or decrease, in one or more of the development standards in YMC Chapters 15.05 through 15.08, in accordance with the provisions of YMC Chapter 15.10. "Standard, general" means any standard not capable of precise numerical definition, but which expresses the policies of the community in this title and which may be applied by the reviewing official during a Type (1), Type (2) or Type (3) review. "Standard, specific" means those numerical standards established in YMC Chapters 15.04, 15.05, 15.06, 15.07, 15.08 and 15.09. "State siting criteria" means criteria for the siting of hazardous waste treatment and storage facilities adopted pursuant to the requirements of RCW Chapter 70.105. 20 "Stockpiling of earthen materials" means permanent and/or continuous use for storage of rock, gravel, rubble, sand, or soil. "Storage facilities, bulk" means either enclosed (see"Warehouse") or outdoor areas designed for the storage of either large quantities of materials or materials of large size. Includes the storage of vehicles when such storage is not incidental and subordinate to another land use and is not vehicle parking, automotive wrecking/dismantling yards or vehicle sales lots. "Storage facilities, commercial" means enclosed storage areas designated as support facilities for commercial activities and used for the storage of retail materials. "Storage facilities, residential mini-storage" means enclosed areas providing storage for residential goods and/or recreational vehicles within the structure. "Storage, vehicle" means keeping vehicles on a given site that are not actively used by the principal occupants of the site. This definition does not include automotive wrecking/dismantling yards or vehicle sales lots. "Street" means a public or private road. "Street vendor" means a vendor selling food, nonalcoholic beverages, and/or other goods or services within a public or private parking lot, pedestrian plaza, public street, alley, sidewalk, public right-of-way, or public property using a nonmotorized cart or temporary structure. See YMC Chapter 5.57. "Structural alteration" means: 1. Any change in a major component or other supporting members of the structure, including foundations, bearing walls, beams, columns, floor or roof joists, girders, or rafters; or 2. Any change in the exterior lines or configuration of a structure if such changes result in the enlargement of the structure. "Structure" means anything constructed or erected which requires location on the ground or attached to something having a location on the ground. "Structure, temporary" means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. "Swimming pool" means a contained body of water, used for swimming or bathing purposes, either above ground level or below ground level, with the depth of the container being more than eighteen inches or the area being more than thirty-eight square feet. "Tavern" means an establishment operated primarily for the sale of wine, beer, or other beverages with any service of food incidental thereto. "Technical equipment" means medical, dental, fire suppression, restaurant, etc., equipment. "Towing services" means a service to haul or tow vehicles for service, repair or temporary storage. Any facility, except for wrecking yards, storing a vehicle for five or more days shall be considered a vehicle storage facility. Hulk haulers are not included under this definition. "Transportation brokerage offices" means establishments primarily engaged in furnishing shipping information and acting as agents in arranging transportation for freight and cargo. Travel Agency. See"Professional business." "Urban growth area" means the area within the city limits of Yakima and Union Gap, and the unincorporated portion of Yakima County within the Yakima urban growth area boundary established by the board of Yakima County commissioners pursuant to RCW 36.70A and adopted in the Yakima urban area comprehensive plan (YUACP) as amended. The boundary and legal description of the Yakima urban growth area is set forth in YMC 15.01.020. The Yakima urban growth area is that area where growth is expected to occur over the next twenty years from the adoption of the YUACP and is the area in which urban level public services are or will be provided. "Urban services" include, but are not limited to, public water and sewer lines, neighborhood parks, streetlights, police and fire protection. "Use" means the activity or purpose for which land or structures or a combination of land and structures is designed, arranged, occupied, or maintained together with any associated site improvements. This definition includes the construction, erection, placement, movement or demolition of any structure or site improvement and any physical alteration to land itself, including any grading, leveling, paving or excavation. "Use" also means any existing or proposed configuration of land, structures, and site improvements, and the use thereof. Use, Class (1), (2), (3). See Class (1), (2), (3) uses. Use, Modification of. See"Modification (of use or development)." "Use, principal" means the primary or predominant use to which a structure, part of a structure, or lot is or may be devoted. "Use, temporary" means a use established under YMC 15.04.130, for a fixed period of time, with the intent to discontinue such use upon the expiration of the time period. 21 "Utilities" are those businesses, institutions, or organizations using pipes or conductors in, under, above, or along streets, alleys or easements to provide a product or service to the public. "Utility services" means facilities operated by utilities, but not including local transmission and collection lines, pipes, and conductors. Such facilities include, but are not limited to, electrical power substations, water reservoirs, and sewage treatment plants. "Variance" means a modification of the specific regulations of this title in accordance with the terms of this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zoning district. Veterinary Clinic. See"Animal clinic/hospital." "Vision triangle" means a triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. (See YMC 15.05.040.) "Warehouse" means a structure used for the storage of goods and materials. See"Agricultural building." "Waste material processing and junk handling" means a place where waste, discarded or salvaged metal, used plumbing fixtures, discarded furniture and household equipment, and other materials are bought, sold, exchanged, stored or baled; and places or yards for the storage of salvaged materials and equipment from building demolition and salvaged structural steel materials and equipment, but excluding establishments for the processing and sorting of garbage, or for the sale, purchase, storage or dismantling of automotive vehicles and machinery. This definition does not include the processing, storage or disposal of hazardous materials. "Wastewater spray field" means an agricultural or otherwise vegetated field which is irrigated with wastewater or treated sewage. May include storage lagoons utilized solely for storing wastewater before spraying, but not other wastewater treatment facilities. Excludes sprayfields for wastewater defined as hazardous pursuant to RCW Chapter 70.105. "Water system, public" means any system, excluding a system serving only one single-family residence, providing piped water for human consumption, as defined and/or regulated under WAC 248-54. "Wholesale trade" means those uses primarily engaged in the sale of merchandise to retailers and to industrial, commercial, institutional or professional business users or to other wholesalers. "Wineries or breweries" means a winery or brewery for processing and manufacturing purposes only, with limited wholesale trade incidental to the primary use. Wineries and breweries are categorized as follows: A. "Basic" does not have a commercial tasting room or restaurant; B. "Resort/destination" has either a commercial tasting room or restaurant. This type of winery or brewery is located on a site larger than five acres in size. It could typically be associated, or compatible with: high density residential, resort lodging, or a bed and breakfast; C. "Retail" has either a commercial tasting room or restaurant. "Wrecking yard" means the place of business where motor vehicles or parts thereof are kept by a motor vehicle wrecker subject to state regulation (RCW Chapter 46.80). "Yard" means an open space, other than a court, on the same lot with a structure. "Yard, front" means the open area extending along and parallel to the entire length of the front lot line and measured from the property line to the structure. "Yard, rear" means the open area at the rear of the structure extending the entire width of the lot and measured from the structure to the rear property line. "Yard, side" means an open area between the side wall line of the structure and the side line of the lot. "Zero lot line" means the location of a dwelling on a lot in such a manner that one of the sides of the dwelling rests directly on a side lot line. "Zoning district" means a portion of the Yakima urban growth area within which certain uses of land and structures are permitted and certain other uses of land and structures are prohibited, certain yards and other open spaces are required and specific lot areas are established, all as set forth and specified in this title. This definition also includes the terms"zone" and "use district." "Zoo" means a park or facility where animals are kept and raised for visitors to see and observe; zoological park. 22 15.03.020 Districtoverlay intent statements. The district intent statements define the specific purpose of each district and/or zoning map overlay. They shall reflect the policies of the Yakima urban area comprehensive plan; serve as a guide for determining the appropriate location of uses; help determine appropriate conditions for development; and help the administrative official interpret the standards and provisions. A. Suburban Residential District(SR). The intent of the suburban residential district is to provide a variety of residential lifestyles with densities generally ranging from one unit per five net residential acres to seven units per net residential acre. The higher density is reviewed and considered to be permitted when a public water system and the regional sewer system are available, or if these utilities are not available, community water and sewer systems may be allowed after review by Yakima County health district and the city of Yakima. (See YMC Chapter 15.05, Table 5-1.)This district is further intended to: 1. Limit residential density to one unit per five net residential acres in areas where flooding, airport noise, or other environmental constraints make the land unsuitable for residential use at higher densities. Development at a lower density will be reviewed to allow conversion to higher densities once utilities are available or other limiting issues are mitigated; 2. Maintain surface and groundwater quality along with the avoidance of potential health hazards, by limiting residential density to one unit per five net residential acres, in areas where public services will not be provided, and the dwelling units have individual wells and septic tanks. Development at a lower density will be reviewed to allow conversion to higher densities once utilities are available or other limiting issues are mitigated; 3. Provide the opportunity for suburban residential development, up to three dwelling units per net residential acre, in areas with either public water service or a community sewer system; and 4. Allow residential development to seven dwelling units per net residential acre in areas with both public water service and sewer system. This district is characterized by a mixture of land uses and residential densities including small farms, scattered low-density residential development, and clusters of higher-density residential development. The minimum lot size in the district varies according to the suitability of the land for development and the provision of urban level services. See YMC 15.05.030(E). B. Single-Family Residential District(R-1). The single-family residential district is intended to: 1. Establish new residential neighborhoods for detached single-family dwellings free from other uses except those which are compatible with, and serve the residents of, this district, which may include duplexes and zero lot lines if established during the subdivision process; 2. Preserve existing residential neighborhoods for detached single-family dwellings free from other uses to ensure the preservation of the existing residential character, and serve the residents of this district; and 3. Locate moderate-density residential development, up to seven dwelling units per net residential acre, in areas served by public water and sewer system. Detached single-family dwellings are the primary use in this district. The district is characterized by up to sixty percent lot coverage; access to individual lots by local access streets; required front, rear and side yard setbacks; and one and two story structures. The density in the district is generally seven dwelling units per net residential acre or less. This zone is intended to afford single-family neighborhoods the highest level of protection from encroachment by potentially incompatible nonresidential land uses or impacts. Nonresidential uses within these zones are not allowed; except for public or quasi-public uses, which will be required to undergo extensive public review and will have all necessary performance or design standards assigned to them as necessary to mitigate potential impacts to adjacent residences. Development exceeding seven dwelling units per net residential acre may be allowed in accordance with Table 4-1. C. Two-Family Residential District(R-2). The purpose of the two-family residential district is to: 1. Establish and preserve residential neighborhoods for detached single-family dwellings, duplexes and other uses compatible with the intent of this district; and 2. Locate residential development with densities up to twelve dwelling units per net residential acre in areas receiving a full range of public services including public water and sewer service, and police and fire protection. 23 The district is characterized by up to sixty percent lot coverage, access via local access streets and collectors, one and two story buildings, some clustering of units, and required front, rear and side yard setbacks. Typical uses in this district are single-family dwellings and duplexes. The density in this district generally ranges from seven to twelve dwelling units per net residential acre. However, development up to eighteen dwelling units per net residential acre may be allowed in accordance with YMC Chapter 15.04, Table 4-1. D. Multifamily Residential District(R-3). The multifamily residential district is intended to: 1. Establish and preserve high-density residential districts by excluding activities not compatible with residential uses; 2. Locate high-density residential development more than twelve dwelling units per net residential acre in areas receiving the full range of urban services; 3. Locate high-density residential development near neighborhood shopping facilities; and 4. Locate high-density residential development so that traffic generated by the development does not pass through lower-density residential areas. The district contains a variety of attached or clustered multifamily dwellings. E. Professional Business District(B-1). The professional business district is intended to: 1. Establish and preserve areas for professional offices; 2. Provide a buffer between commercial clusters and residential neighborhoods; and 3. Locate professional offices in areas presently receiving a full range of urban services. Professional offices and, in some areas, a mix of professional offices and multifamily dwellings are the primary uses in the district. Generally, the professional business district contains smaller lot or parcel sizes. Residential densities are generally greater than twelve dwelling units per net residential acre. Building coverage may be as high as eighty percent of the site. Sitescreening requirements have been established to soften the visual impact of large buildings and parking lots and to minimize potential nuisances from light, noise and glare. Development standards are intended to accommodate a mixture of high-density residential development and office uses. F. Local Business District(B-2). The purpose of the local business district is to: 1. Provide areas for commercial activities that meet the small retail shopping and service needs of the community; and 2. Accommodate small-scale commercial uses that need a higher level of visibility and easy access to major arterials. Uses characteristic of this district include small retail sales and service establishments. G. Historical Business District(HB). The purpose of the historical business district is to recognize existing isolated commercial structures in otherwise residential areas, to allow those structures to be occupied by traditional neighborhood business uses, and to allow these structures to be replaced if destroyed. This district is not intended to allow structural expansion, or expansion of the use onto adjoining lots. It is further intended that this district is not to serve as a small convenience center(SCC). Examples of HB uses are: taverns, small grocery stores, laundromats, and other businesses serving the immediate residential neighborhood around this district. This zoning district is not intended to be allowed to be further expanded or formed. H. Small Convenience Center District(SCC). The purpose and intent of the small convenience center district is to: 1. Provide areas for commercial activities outside the downtown commercial district that meet community retail shopping and service needs; and 2. Accommodate small commercial centers, generally two to five acres in size, where most of the commercial uses have located in a coordinated manner around a common parking lot and one major commercial approach driveway. Small convenience centers serve the day-to-day convenience shopping and service needs of the surrounding neighborhood and should be designed to minimize undesirable impacts of the center on the neighborhood it serves. Uses in this district should be retail or personal service establishments dealing directly with the consumer, the primary occupants usually being such uses as a supermarket, fast food restaurants and drug store. I. Large Convenience Center(LCC). The purpose and intent of the large convenience center district is to: 1. Provide areas for commercial activities outside the downtown commercial district that meet the retail shopping and service needs of the community; and 24 2. Accommodate commercial centers, generally five to ten acres in size, where most of the commercial uses are coordinated in a manner around a common parking lot and usually with two major commercial approach driveways. Large convenience centers serve the shopping and service needs of multiple surrounding neighborhoods and should be designed to minimize the impacts. Uses in this district should be larger retail or personal services, the primary occupants usually being such uses as multiple-tenant shopping, restaurants, office complexes, and multi mixed-uses. J. Airport Support District(AS). The purpose of the airport support district is to accommodate airport and aircraft related activities within the airport property. This district includes the Yakima Air Terminal. A variety of uses are permitted. However, the intensity of development is directly related to airport and/or aircraft related uses. K. General Commercial District(GC). The purpose of the general commercial district is to accommodate wholesale and retail activities with some high-density residential development. This district is primarily located near and along the major arterials as designated in the Yakima urban area comprehensive plan. Like the CBD district, a variety of land uses are permitted. However, the intensity of development is intended to be less than in the CBD district. L. Central Business District(CBD). The purpose of the central business district is to preserve the business district of the city of Yakima as the region's center of commerce, finance, government, industry, recreation, and culture. This district is characterized by very intensive development and a variety of land uses including retail sales and service establishments, high-density residential development, financial institutions, professional buildings, and government offices. M. Regional Development District(RD). The purpose of the regional development district is to provide high visibility from the interstate and state highways of the city of Yakima to provide regional commerce, office campus, recreation, large-scale retail, culture, light manufacturing, processing, research, and large multiple mixed uses, . This district is characterized by very intensive development and a variety of land uses including retail sales and service establishments, high-density residential development, financial institutions, professional office buildings, hotels, condominiums, and corporation headquarters. N. Light Industrial District(M-1). The intent of the light industrial district is to: 1. Establish and preserve areas near designated truck routes, freeways, and the railroad for light industrial uses; 2. Direct truck traffic onto designated truck routes and away from residential streets; and 3. Minimize conflicts between uses in the light industrial district and surrounding land uses. The light industrial district provides areas for light manufacturing, processing, research, wholesale trade, storage, and distribution facilities. Uses permitted in this district should not generate noise levels, light, odor, or fumes that would constitute a nuisance or hazard. O. Heavy Industrial District(M-2). The intent of the heavy industrial district is to: 1. Establish and preserve areas near designated truck routes, freeways, and railroads for heavy industrial uses; 2. Direct heavy truck traffic onto designated truck routes and away from residential streets; and 3. Minimize conflicts between heavy industrial uses and surrounding land uses. The heavy industrial district provides areas for manufacturing, assembling, fabrication, processing, and distribution and storage facilities. Uses in this district have the potential to generate high levels of noise, light, odor, fumes, or smoke that require their protection from encroachment by incompatible land uses. P. Airport Overlay(AO). The airport overlay is intended to protect the airspace around the Yakima Air Terminal at McAllister Field from airspace obstructions or hazards and incompatible land uses. In addition to the regulations of the principal use district, the airport overlay includes provisions for: 1. Preserving land adjacent to the Yakima Air Terminal at McAllister Field for future commercial and industrial development; and 2. Assuring that land uses, locating near the airport, are compatible with noise, height obstruction and other impacts from the airport operation. 25 Q. Floodplain Overlay(FO). The purpose of the floodplain overlay is to: 1. Protect natural drainage system associated with floodways and floodplains; 2. Ensure that new development will not affect the flood elevations in surrounding areas; 3. Ensure adequate protection of life, health, and property from flood events; 4. Control development located within the 100-year floodplain unless it is possible to mitigate; 5. Ensure development is restricted within the floodway unless it is water dependent; 6. Emphasize FEMA standards in planning for flood prevention and damage reduction; 7. Comply with the city of Yakima's shoreline master program; 8. Minimize the expenditure of public money for flood-control projects; 9. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken with public money; 10. Minimize damage to public facilities and utilities such as water lines, sewer lines, and streets; 11. Protect river, creek, and stream channels from encroachment so that flood heights and flood damage will not be appreciably increased; 12. Ensure that potential buyers are notified that FEMA mapping is used to help identify that property is in an area of special flood hazards; 13. Ensure that property owners who occupy flood hazard areas have adequate information when they apply for development changes to their property so the property owner can assess the results of their development actions; 14. Continue to implement the National Flood Insurance Program; and 15. Use and enforce the building code to help minimize losses due to flooding. R. Greenway Overlay (GO). The Yakima River Regional Greenway Plan was adopted to preserve and maintain the Yakima River as a natural resource for all citizens to enjoy. The greenway corridor extends from Yakima Canyon to Union Gap. Greenway boundaries were originally defined in 1977 by the State Legislature with the creation of the Washington State Yakima River Conservation Area. The greenway corridor is classified into natural, conservation, and recreation areas. Each greenway corridor area may contain various facilities developed by the Greenway Foundation, such as pathways, recreational sites, boat landings, parks, playgrounds, campgrounds, and group camps. Many of the greenway facilities, such as trails, have been constructed on the top of existing dikes and levees. The greenway provides access for levee maintenance and repair and to be responsible for damage to trails caused by flooding. In addition to the provisions of the principal use district, the purpose of the greenway overlay is to: 1. Make the greenway more attractive and accessible to the public; 2. Assure development conserves shoreline vegetation and controls erosion; 3. Implement the city shoreline master program and the Yakima River Regional Greenway Plan; 4. Limit development to activities which are particularly dependent on a location in the greenway; 5. Preserve and protect the fragile natural resources and culturally significant features along the greenway; 6. Increase public access to publicly owned areas of the greenway where increased use is desirable; 7. Protect public and private properties from the adverse effects of improper development in hazardous shoreline areas; and 8. Give preference to uses creating long-term over short-term benefits. S. Master Planned Development Overlay (PD). The master planned development overlay is intended to allow larger scale, mixed-use developments in selected areas of the city where certain development requirements may be adjusted as necessary to promote an integrated approach to planning and site design. The city finds that such developments require special review and conditioning to ensure that adjacent areas are preserved and protected. (YMC Chapter 15.28.) T. Institutional Overlay (10). The institutional overlay is intended to allow designated community institutions that are valuable and necessary to the community, but which are located adjacent to or within residential zones. The city finds that these institutions require special review and conditioning to ensure that adjacent residential areas are preserved and protected. (YMC Chapter 15.31.) The institutional overlay includes provisions to: 1. Make the institution more compatible and accessible to the public; 2. Assure development has the ability for future expansion; 3. Provide increased protection such as increased buffers as the institution locates closer to residential districts, especially R-1; and 4. Utilize the goals and policies of the Yakima urban area comprehensive plan. 26 1 , Table 4-1. Permitted Table 4-1 titled "Permitted Land Uses" is incorporated as part of this section. Each permitted land use listed in Table 4-1 is designated a Class (1), (2), or(3) use for a particular zoning district. In addition, some Class (1) uses may require Type (2) review in accordance with YMC 15.04.020. All permitted land uses and associated site improvements are subject to the design standards and review procedures of this title. SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 AGRICULTURAL(COMMERCIAL) Agriculture,Horticulture,General Farming(not 1 1 1 1 feedlots or stockyards)(*) Agricultural Building(*) 1 1 1 1 Agricultural Chemical Sales/Storage 1 1 1 Agricultural Market(*) 1 1 1 1 1 1 1 1 Agricultural Stand(*) 1 1 1 Agricultural Related Industries(*) 2 1 1 1 Animal Husbandry(See YMC 15.09.070)(*) 1 2 1 1 Concentrated Feeding Operation(*) 3 Floriculture,Aquaculture 1 1 1 Fruit Bin Sales/Storage 3 2 1 1 Marijuana Production(**) 1 1 Winery and Brewery Basic(*) 3 3 1 2 Resort/Destination w/on-site agricultural 2 3 3 3 3 3 3 production(*) Resort/Destination(*) 2 3 3 1 1 1 3 Retail(*) 1 1 1 1 1 1 2 AMUSEMENT AND RECREATION Aquatic Center 3 3 3 1 2 Amusement Park(Permanent)(*) 3 3 3 1 3 Bowling Alleys 2 2 2 1 1 2 3 Campground(*) 3 2 Children's Outdoor Recreation Center*(More 2 2 than 500 ft.from abutting residential and not containing a go-cart track) Children's Outdoor Recreation Center*(Less 3 2 than 500 ft.from abutting residential and/or containing a go-cart track) Drive-In Theatres 3 2 2 2 Exercise Facilities 2 1 1 1 1 2 1 1 1 2 Horse Racing Tracks,Speedways 3 3 Game Rooms,Card Rooms,Electronic Game 3 2 1 2 2 2 Rooms(*) 27 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Golf Courses,Clubhouses,Golf Driving 3 3 3 3 2 Ranges Miniature Golf Courses 3 3 1 1 1 1 Movie Theatres,Auditoriums,Exhibition Halls 3 1 1 1 1 Parks(*) 2 2 2 2 2 2 2 2 2 2 2 1 2 2 Roller Skating or Ice Skating Rink 2 2 1 1 2 Sports Facility(indoor) 2 2 1 2 1 2 Social Card Rooms(See YMC 15.09.090)(*) 3 3 3 3 State Fair Park (See YMC 15.04.200) COMMUNITY SERVICES Cemetery/Crematorium with Funeral Home 3 3 3 3 3 3 Funeral Home not associated with 3 2 2 2 1 1 1 2 2 Cemetery/Crematorium Churches,Synagogues,and Temples(*) 2 2 2 2 2 2 2 2 1 1 2 2 Community Center(*)Meeting Halls,Fraternal 2 2 2 2 2 2 2 2 2 1 1 2 Organizations Community Gardens(*)(if accessory to an 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 approved principal use)(See YMC 15.04.060(G)) Community Gardens(*)(with planting area of 1 1 1 1 1 1 1 1 1 1 1 1 one-quarter acre or less) Community Gardens(*)(with planting area of 2 2 2 2 2 2 2 2 2 1 2 2 more than one-quarter and up to one-half acre) Community Gardens(*)(with planting area of 2 2 2 2 2 2 2 2 2 2 2 2 more than one-half acre up to one acre) Day Care Facilities(not home occupation): 1 2 2 2 2 2 2 2 1 1 1 Family In-Home(*) Day Care Center(*) 2 2 2 2 1 1 2 1 1 1 1 2 1 Public Facility(*) 3 3 3 3 2 2 2 2 1 1 1 1 1 1 Hospital(*)Outside Institutional Overlay 3 3 3 3 3 3 3 3 Correctional Facilities 3 3 3 3 3 3 Libraries 3 3 3 2 1 2 1 1 1 1 1 1 Museums,Art Galleries 3 3 2 1 2 1 1 1 1 1 1 1 Schools Elementary and Middle 3 3 3 3 3 3 1 3 Senior High School 3 3 3 3 3 3 3 3 Business Schools(*) 3 3 3 3 3 3 2 2 1 1 1 2 2 Community College/University-Inside (See YMC Chapter 15.31) Institutional Overlay 28 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Community College/University-Outside 3 3 3 3 3 2 2 2 2 3 2 3 2 2 Institutional Overlay Vocational Schools(*) 3 3 3 3 3 2 2 2 1 1 1 2 3 Wastewater Sprayfield(*) 3 3 3 Zoo(*) 3 3 3 3 3 HEALTH AND SOCIAL SERVICE FACILITY Group Homes(six or fewer),Adult Family 1 1 1 1 1 1 1 1 Home(*) Treatment Centers for Drug and Alcohol 3 3 3 3 3 3 3 3 Rehabilitation Boarding House(*) 3 3 3 3 3 1 2 Halfway House(*) 2 3 3 Group Homes(more than six),Convalescent 3 2 2 2 3 3 and Nursing Homes(*) Mission(*)(with Type(3)review,and 2 2 2 development agreement see definition) MANUFACTURING Agricultural Product Support 2 2 2 1 1 Aircraft Parts 1 2 1 1 Apparel and Accessories 3 2 2 1 1 Bakery Products(wholesale) 2 2 2 2 2 1 1 Beverage Industry(*) 2 2 2 1 1 Canning,Preserving and Packaging Fruits, 2 1 1 Vegetables,and Other Foods Cement and Concrete Plants 3 1 Chemicals(Industrial,Agricultural,Wood, 3 1 etc.) Concrete,Gypsum and Plaster Products 2 1 1 Confectionery and Related Products 2 2 2 1 1 2 1 1 (wholesale) Cutlery,Hand Tools and General Hardware 1 3 1 1 Drugs 1 2 2 1 1 Electrical Transmission and Distribution 1 2 3 1 1 Equipment Electronic Components and Accessories and 1 2 2 3 1 1 Product Assembly Engineering,Medical,Optical,Dental, 1 2 2 1 1 Scientific Instruments and Product Assembly Fabricated Structural Metal Products 2 3 3 1 1 Food Processing 2 3 1 1 Furniture 2 3 2 1 1 29 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Glass,Pottery,and Related Products and 2 2 2 1 1 Assembly Grain Mill Products 3 1 1 Heating Apparatus Wood Stoves 1 1 Leather Products 3 1 1 1 Leather Tanning and Finishing 1 1 Machinery and Equipment 1 2 1 1 Marijuana Processing(**) 1 1 Marijuana Research(**) 1 1 Meat,Poultry and Dairy Products 1 1 Paints,Varnishes,Lacquers,Enamels and 3 1 Allied Products Paperboard Containers and Boxes 1 3 1 1 Plastic Products and Assembly 1 2 1 1 Prefabricated Structural Wood Products and 1 1 1 Containers Printing,Publishing and Binding 1 3 2 1 1 Printing Trade(service industries) 2 2 2 1 1 2 1 Recycling Processing Center(*) 3 1 Rendering Plants,Slaughter Houses 3 Rubber Products 1 2 1 Sign Manufacturing and Product Assembly(*) 2 1 1 1 1 Sawmills and Planing Mills 2 1 Sheet Metal and Welding Shops 2 1 1 Stone Products(includes finishing of 2 1 2 2 3 1 1 monuments for retail sale) Transportation Equipment,Including Trailers 2 1 1 and Campers Woodworking:Cabinets,Shelves,etc. 3 1 2 2 1 1 MINING/REFINING/OFF-SITE HAZARDOUS WASTE TREATMENT Asphalt Paving and Roofing Materials,Rock 3 3 1 Crushing Mining Including Sand and Gravel Pits(*) 3 3 3 Stockpiling of Earthen Materials(*) 2 2 2 2 1 1 1 1 1 1 1 1 1 1 Off-Site Hazardous Waste Treatment and 3 3 Storage Facilities(*) RESIDENTIAL Accessory Uses(*) See YMC 15.04.060 30 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Detached Single-Family Dwelling(*) 1 1 1 1 3 3 1 3 3 3 3 Accessory Dwelling Unit(*)(See YMC 2 2 1 1 15.09.045) Existing or New Detached Single-Family 1 1 1 Dwelling on Existing Lots of 8,000 Square Feet or Less Detached Single-Family Dwelling(zero lot 2 2 2 2 3 3 1 3 3 3 3 line)(*)(See YMC 15.09.040) Attached Single-Family Dwelling,Common 2 2 1 1 3 3 1 2 2 2 2 Wall(*) Two-Family Dwelling(Duplex)(*) 3 3 1 1 2 2 1 2 2 2 2 Converted Dwelling(*) 3 3 2 2 2 2 2 2 2 2 1 Multifamily Dwelling(*):0-7 DU/NRA 2 1 2 2 2 2 2 2 2 8 12 DU/NRA 2 1 2 2 2 2 2 2 2 13+DU/NRA 3 1 2 2 2 2 2 2 2 Mixed-Use Building 1 1 1 1 1 1 1 Planned Development(*) See YMC 15.28 Mobile Home Parks(*) 2 2 2 Mobile Home(*)or Manufactured Homes(*) See YMC 15.04.160 Retirement Homes(*) 2 3 1 3 1 1 Temporary Hardship Units(See YMC 2 2 2 2 2 2 2 2 2 2 2 15.04.140) RETAIL TRADE,AND SERVICE Adult Business Uses See YMC 15.09.200 Animal Clinic/Hospital/Veterinarian(*) 3 2 2 2 1 2 1 1 1 Auction House for Goods(*) 3 2 2 2 1 1 2 1 1 Auction House for Livestock(*) 3 2 2 Automotive Automotive Dealer New and Used Sales 2 2 2 1 3 1 1 Weekend Automobile and Recreational Vehicle 1 1 1 (RV)Sales Automotive:Car Wash/Detailing 2 1 1 1 1 1 2 Parking Lots and Garages 2 1 1 1 1 1 1 1 1 Maintenance and Repair Shops 2 1 1 2 1 2 1 2 Paint and Body Repair Shops 2 2 1 1 1 2 Parts and Accessories(tires,batteries,etc.) 2 1 1 1 1 2 1 2 Towing Services 1 3 1 1 31 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Wrecking and Dismantling Yard(*)and Hulk 3 1 Haulers(*) Bail Bonds 1 1 1 Beauty and Barber Shops 2 1 2 1 1 1 1 1 1 2 Bed and Breakfast Inn(*) 2 2 2 2 2 2 1 Boats and Marine Accessories 2 2 1 1 1 1 Butcher Shop 1 1 1 1 2 2 1 Commercial Services(*) 2 1 2 1 1 1 1 1 2 Communication Towers(*) (See YMC Chapter 15.29) Convenience Store Closed 10:00 p.m.to 6:00 1 2 1 1 1 1 1 1 2 a.m. Convenience Store Open 10:00 p.m.to 6:00 2 2 2 1 1 2 1 2 a.m. Pet Day Care/Animal Training(*) 2 1 1 1 2 1 1 2 Farm and Implements,Tools and Heavy 1 2 3 1 1 Construction Equipment Farm Supplies 2 2 1 1 2 1 Financial Institutions 1 1 1 1 1 1 1 1 Fuel Oil and Coal Distributors 1 2 1 1 Furniture,Home Furnishings,Appliances 1 1 1 1 1 1 1 General Hardware,Garden Equipment,and 2 1 1 1 1 1 1 1 1 Supplies General Retail Sales 12,000 sq.ft.or less(not 2 1 1 1 1 1 1 1 3 otherwise regulated)(*) General Retail Sales greater than 12,000 sq.ft. 2 1 1 1 1 1 1 3 (not otherwise regulated)(*) Heating and Plumbing and Electrical 2 2 1 1 1 1 1 Equipment Stores Heavy Equipment Storage,Maintenance and 1 1 1 Repair Kennels(*) 2 2 2 Laundries,Laundromats and Dry Cleaning 2 2 1 1 1 1 2 1 Plants Liquor Stores 2 2 1 1 1 1 Locksmiths and Gunsmiths 1 2 1 1 1 1 2 1 Lumber Yards 2 1 1 1 1 Marijuana Retail(**) 1 1 1 1 1 1 Massage Therapy/Spa(*) 1 1 1 1 1 1 1 1 1 Mobile Vendor See YMC Ch.5.57 Motels and Hotels* 2 1 1 1 1 1 32 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Extended Stay Hotel/Motel* 2 1 2 2 3 3 Night Clubs/Dance Establishments 2 1 1 1 1 1 Nursery(*) 2 1 1 1 1 1 1 1 Offices and Clinics 3 1 1 1 1 1 1 1 1 2 Office Contractor Building and Trade 3 1 1 1 1 1 1 1 1 1 (Plumbing,Heating,Electrical,and Painting) Outdoor Advertising(Billboards) See YMC 15.08.130 Pawn Broker 2 1 1 1 2 1 Radio/TV Studio 3 2 2 1 1 1 1 2 Recycling Drop-Off Center(*) 1 2 2 1 1 1 1 Rental:Auto,Truck,Trailer,Fleet Leasing 3 2 1 2 1 2 2 1 2 Services with Storage Rental:Heavy Equipment(except automotive) 1 1 with Storage Rental:Heavy Equipment(except automotive) 1 2 3 2 without Storage Repairs:Small Appliances,TVs,Business 1 2 1 1 1 1 2 1 1 Machines,Watches,etc. Repairs:Reupholstery and Furniture 1 1 1 1 1 1 1 1 Repairs:Small Engine and Garden Equipment 2 2 2 1 1 1 2 1 Restaurant(*) 2 1 1 1 1 1 1 1 1 Seamstress,Tailor 1 1 1 1 1 1 1 1 Service Station(*)Closed Between 10:00 p.m. 2 1 1 1 1 1 1 1 and 6:00 a.m.(*) Service Station(*)Open Between 10:00 p.m. 3 2 2 1 1 2 1 2 and 6:00 a.m.(*) Shooting Ranges(indoor) 3 3 3 3 1 Signs,Printed,Painted or Carved 2 2 1 1 2 1 1 Taverns(*)and Bars 1 2 1 1 1 1 1 1 1 Technical Equipment Sales(*) 2 1 2 1 1 1 1 1 1 1 Truck Service Stations and Shops 3 2 1 1 Truck(Large),Manufactured Home and Travel 1 3 1 Trailer Sales Waste Material Processing and Junk Handling 3 1 (*) TRANSPORTATION Bus Terminals 1 1 1 1 1 1 Bus Storage and Maintenance Facilities 1 1 Transportation Brokerage(*)Offices,with 2 2 1 1 Truck Parking 33 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Contract Truck Hauling,Rental of Trucks with 1 1 1 Drivers Air,Rail,Truck Terminals(for short-term 1 2 1 1 storage,office,etc.) Railroad Switch Yards,Maintenance and 1 1 Repair Facilities,etc. Taxicab Terminals,Maintenance and 3 3 1 Dispatching Centers,etc. Airport Landing Field 1 Airport Operations(*) 1 UTILITIES Power Generating Facilities 3 2 1 Utility Services(substations,etc.) 3 3 3 3 3 3 3 3 3 1 1 WHOLESALE TRADE—STORAGE Warehouses(*) 3 1 2 2 1 1 Wholesale Trade(*) 2 1 1 2 1 1 1 Storage Facilities,Bulk(*) 1 2 1 1 Storage Facilities Commercial(*) 3 1 2 3 1 1 Residential Mini-Storage(*) 3 3 1 2 3 1 1 * Refers to a definition in YMC Chapter 15.02. ** See YMC 15.09.220 for general development requirements for marijuana uses. =Not Permitted 1 =Class(1)Permitted Use 2 =Class(2)Requires an Administrative Review by the Administrative Official 3 =Class(3)Requires a Public Hearing by the Hearing Examiner 15.04.120 Home Occupations A. Purpose. The conduct of a business within a dwelling may be permitted in the residential districts 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 residential districts; and 2. Maintain and preserve the character of residential neighborhoods; and 3. 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 residential 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 G of this section. 34 Table 4-2. Table of Permitted Home Occupations Zoning District SR R-1 R-2 R-3 B-1 Accountant 1 1 1 1 Architect 1 1 1 1 Artist, author, arts and crafts 1 1 1 1 Attorney 1 1 1 1 Barbershop, beauty parlor 2 2 2 2 Bed and breakfast* 1 2 1 1 Business administration 1 1 1 1 Cabinet, mill work, carpentry work 2 2 Catering service 2 2 2 2 2 Ceramics and sculpting 2 2 2 2 Composer 1 1 1 1 Day care, family home* 1 1 1 1 1 Dentist 1 2 2 2 Dog grooming 2 3 3 3 3 Dressmaker, seamstress, tailor 1 1 1 1 Engineer 1 1 1 1 Food preparation* 1 2 1 1 1 Home contractor* 1 1 1 2 1 Home instruction* 1-5 students 1 1 1 1 1 6-8 students 2 2 2 2 2 Insurance agent 1 1 1 1 Locksmith 1 2 2 1 1 Photographer(not including productions studio) 1 2 2 2 35 Table 4-2. Table of Permitted Home Occupations Zoning District SR R-1 R-2 R-3 B-1 Physician 1 2 2 2 Product assemblage* 1 2 2 2 1 Massage therapy/spa* 1 1 1 1 1 Music teacher 1 1 1 1 Production of small articles by hand without the use of automated or production line 1 2 2 2 equipment Radio, television and small appliance repair 2 2 2 2 Real estate agent 1 1 1 1 Secretarial, phone answering, desktop publishing service* 1 1 1 1 Small engine repair 2 Taxicab Operator* 1 1 1 2 1 Wedding service 2 2 2 2 2 Unclassified home occupation See YMC 15.04.120(G) 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 x = Not Permitted 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); 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; 36 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 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. 5. A home occupation permit application (including a site plan)shall be supplied to and approved by the City of Yakima Planning Division prior to operation of any home occupation. 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 waive part or all of the requirements for a site plan for Class (1) home occupations. 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; 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); 13. Firearm sales and/or gunsmith. I. 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 fail to establish compliance with the provisions of 37 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. 15.08.045 Exemptions. ....................................................................................................................................................................................................................................................................................................................................... The following signs are exempt from the permitting requirements of this chapter: 1. On-premises signs not readable from the public right-of-way, i.e., menu boards, interior signs, etc.; 2. On-premises directional signs meeting the other requirements of this chapter, including, but not limited to, size restrictions; 3. Barber poles, gravestones or structures intended for a separate use, such as Goodwill containers; 4. Building identification numbers as required pursuant to the Yakima Municipal Code or any other city or state regulation; 5. Temporary signs on private property or public property meeting the requirements of YMC 15.08.110. 6. Governmental signs. Signs installed by the city, county or a federal or state governmental agency for the protection of public health, safety and general welfare, including, but not limited to, the following: A. Emergency and warning signs necessary for public safety or civil defense; B. Traffic and/or wayfinding signs erected and maintained by an authorized public agency; C. Signs required to be displayed by law; D. Signs showing the location of public facilities; and E. Any sign, posting, notice, or similar sign placed by or required by a governmental agency in carrying out its responsibility to protect the public health, safety and general welfare. 7. Flags. Any flags, subject to the following standards: A. Residential zoning districts are allowed one flag pole per street frontage. B. No more than two flags may be flown on a single flag pole. C. The maximum flag pole height shall be the maximum structure height of the underlying zoning district per YMC § 15.05.030, Table 5-1. D. Flag poles shall meet applicable setback standards for accessory structures. E. The maximum square footage of a flag shall be as follows: i. Pole height of 20-feet or less: 4'x6' ii. Pole height greater than 20-feet to 30-feet: 5'x8' iii. Pole height greater than 30-feet: 6'x10' iv. Upon application, flag size may be increased proportionate to the maximum pole height as a Modification (YMC § 15.17). 8. Memorial signs or tablets, names of buildings, dates of erection and the like, which are incorporated into the building material and facade. 9. Vehicle with signs. Any sign on a vehicle, unless such vehicle is parked or stationed near an activity for the primary purpose of attracting public attention to such activity, unless such vehicle or mobile unit is regularly parked in any prominently visible location for the primary purpose of attracting public attention to the sign. 10. Temporary signs in windows. Any temporary sign taped or otherwise affixed to the inside of a window, in such a manner as to be easily removed; provided, that the total area of the sign in any one window does not exceed that as allowed in this chapter for window signs and temporary signs. 11. Portable signs and freestanding signs meeting the requirements of YMC 15.08.155 and 15.08.110, respectively, and any other provisions of this chapter. 15.09.045 Accessory Ili units. A. Purpose. The purpose of the accessory dwelling unit(ADU) provisions are to: 1. Provide homeowners with an opportunity for extra income, companionship, and security; 38 2. Better utilize existing infrastructure and community resources (sewer, water, roads, etc.); 3. Provide a housing type that allows flexibility to respond to changing needs and lifestyles; 4. Add to the supply of affordable dwelling units; and 5. Protect neighborhood character and stability by ensuring that ADUs are compatible with surrounding land uses. B. Requirements. An accessory dwelling unit is a permitted use in the SR, R-1, R-2, and R-3 zoning districts (See YMC § 15.04.030, Table 4-1), secondary to the primary use of a detached single-family dwelling, subject to all of the following conditions: 1. The accessory dwelling unit may be attached to the primary residence or attached to or above a detached garage, or be its own stand-alone structure. 2. The front entrance to the ADU shall not be visible from a right-of-way or access easement. 3. Paved off-street parking shall be provided as required in YMC Chapter 15.06 for both the ADU and the primary residence, separately, located on the lot they are intended to serve. 4. The ADU's floor area shall be comprised of not more than fifty percent of the floor area of the primary dwelling unit or eight hundred square feet, whichever is less. For example, a primary detached dwelling unit two thousand eight hundred square feet in size would be limited to eight hundred square feet. A primary structure one thousand square feet in size would be limited to five hundred square feet. 5. The ADU's exterior walls shall be designed so as to be similar in style, color, and building materials to the primary detached dwelling. 6. An ADU attached to the primary structure shall have the same building setbacks as the primary structure. An ADU that is attached to, or built above, a detached garage or a stand-alone structure shall have the same building setbacks as an accessory structure. 7. A parcel/lot shall contain no more than one single-family residence and one ADU. 8. ADUs shall not be allowed on parcels containing a duplex or multifamily dwelling, or a commercial or industrial structure/use. 9. ADUs shall only be permitted on parcels/lots sized appropriately for a duplex per YMC § 15.05.030, Table 5-2. ADUs proposed on lots smaller than the minimum lot size may be approved after undergoing one additional level of review as shown in YMC§ 15.04.030, Table 4-1. 10. The primary residence and the ADU shall both be connected to public sewer and water. a. If the ADU is attached to the primary dwelling unit, the two dwelling units shall share a single sewer and water connection. b. If the ADU is attached to, or located above, a detached garage, or is a stand-alone structure, each unit shall have its own sewer and water connection, with required meters. 11. A lot containing an ADU shall not be subdivided, or otherwise segregated in ownership, in a way that separates the ADU and the primary dwelling unit on different lots. 12. A home occupation may be allowed, subject to YMC 15.04.120, in either the ADU or the primary unit, but not both. 13. The site plan for the construction or conversion of an ADU shall indicate the ADU. 14. Any exterior stairs shall be placed in the rear or side yard. 15. A deed restriction, signed by the property owner and the city, shall be recorded with the Yakima County auditor's office providing notice to potential buyers of the ADU restrictions. C. Enforcement. The city retains the right with reasonable notice to inspect the ADU for compliance with the provisions of this section. D. Elimination. The city retains the right with reasonable notice to withdraw occupancy approval if any of the requirements under subsection B of this section are violated. In the event the city withdraws occupancy, the property owner may: 1. If attached, merge the existing ADU to the single-family dwelling; or 2. If detached, use the building for storage only or remove the structure from the premises. ....................................................................................................................................................................................................................................................................................................................................... 39 Chapter 15.16 APPEALS Sections: 15.16.005 Appeals 15.16.005 Appeals. The procedures to appeal actions under Title 14, Title 15, Title 16, and Chapter 6.88 YMC, shall be found in YMC 16.08. Chapter 15.17 MODIFICATIONS I I Sections: 15.17.010 Purpose. 15.17.020 Modification to permitted development and uses regulated. 15.17.030 Exemptions. 15.17.040 Review of modifications. 15.17.050 Appeals. 15.17.010 .................................................. ................................................................................................................................................................................................................................................................................... This chapter establishes provisions for the review of proposed modifications to existing or approved uses. 15.17.020 Modification to permitted development and uses regulated. Minor changes to existing or approved Class (1), (2) or(3) uses or development may qualify for abbreviated review under the provisions in this chapter, if they meet the criteria listed below. Overlay districts shall not increase the level of review for the provisions of this chapter. Modifications not meeting the criteria below must apply directly for review as a Class (1), (2) or(3) use or development. A. The modification will not increase residential density that would require an additional level of review; B. The modification will not increase the amount of parking by more than ten percent or twenty spaces (whichever is least), except that the amount of parking for controlled atmosphere and cold storage warehouses may be increased by up to twenty spaces. This limit shall be calculated cumulatively for all previous modifications since the last normal review; C. Any expansion of use area or structure will not exceed fifty percent of the gross floor area. This limit shall be calculated cumulatively for all previous modifications since the last normal review; D. The modification will not increase the height of any structure; E. This limit shall be calculated cumulatively for all previous modifications since the last normal review; F. The modification will not add a drive-thru facility; and G. The modification does not include hazardous materials. 1 .1 Exemptions. .............................................. ..... ....................................................................................................................................................................................................................................................................... For exemptions from the review processes, see YMC 15.01.040(A). 15.17.040 Reviewific ti s. ....................................................................................................................................................................................................................................................................................................................................... A. Submittals. Applications for modification shall follow the submittal requirements for Type (1) review. In addition, for a previously approved use or development, the applicant shall submit both the site plan previously approved by the reviewing official and a new site plan showing the location, size, and type of modification proposed by the applicant. B. Review. Applications for modifications may be administratively and summarily reviewed using the Type (1) review process, in addition to the following criteria: 1. Any proposed change in the site design or arrangement: 40 a. Will not change or modify any special condition previously imposed under Class (1), (2) or(3) review; b. Will not adversely reduce the amount of existing landscaping or the amount or location of required sitescreening; and c. In the determination of the planning division, it will not create or materially increase any adverse impacts or undesirable effects of the project. 2. All proposed new structures, site improvements, or structural alterations to existing structures or site improvements comply with the development standards of YMC Chapters 15.05 through 15.08, except as approved under the adjustment or variance provisions. C. Decision and Notification of Decision. The planning division shall issue a written decision on the modification application using the Type (1)decision process. In addition, any proposed modification that does not meet all the requirements of this section shall be denied. The division shall mail its decision to the applicant. Uses or developments denied under this chapter may submit applications for review under the normal review provisions for the use. 15.17.050 Appeals. Decisions by the planning division regarding approval or denial of administrative modifications may be appealed as prescribed by the applicable review. 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. Non-project Rezone applications shall also include a non-binding conceptual site plan to show potential future use 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. D. Recommendation by the Hearing Examiner or City of Yakima Planning Commission. Within ten days of the conclusion of the hearing, unless a longer period is agreed to in writing by the applicant, the hearing examiner or city of Yakima planning commission shall issue a written recommendation to approve, approve with conditions or deny the proposed rezone. The recommendation shall include the following considerations: 1. The testimony at the public hearing; 2. The suitability of the property in question for uses permitted under the proposed zoning; 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 as adopted in the Yakima urban area comprehensive plan and the intent of this title; 5. The adequacy of public facilities, such as roads, sewer, water and other required public services; 6. The compatibility of the proposed zone change and associated uses with neighboring land uses; and 7. The public need for the proposed change. 41 Notice of the hearing examiner's or the city of Yakima planning commission's recommendation shall be mailed to the applicant at the address provided on the application form. The decision of the hearing examiner or the city of Yakima planning commission on rezone applications shall constitute a recommendation to the legislative body. E. Action by the Legislative Body. Upon receipt of the hearing examiner's or the city of Yakima planning commission's recommendation on a proposed rezone, the legislative body shall hold a public meeting and affirm or reject the hearing examiner's or the city of Yakima 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. 15.11 and Title 16. 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 be proposed in order to mitigate 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 owner(s), under the procedures set forth in RCW 36.70B.170 through 36.70B.200. G. Time Limit and Notification. Proposed amendments shall be decided by the legislative body as soon as practicable and the applicant shall be notified in writing whether the rezone has been granted or denied. 42 Exhibit "B" 2018 Text is —Complete CleaniTitle 1 Chapter 1.43 EXAMINERHEARING Sections: 1.43.010 Office established. 1.43.020 Appointment. 1.43.030 Qualifications. 1.43.040 Removal. 1.43.050 Standards of conduct. 1.43.060 Rules. 1.43.070 Time computation. 1.43.080 Duties and powers. 1.43.090 Applications. 1.43.100 Master applications. 1.43.110 Report of department. 1.43.120 Examiner's decision. 1.43.130 Notice of examiner's decision. 1.43.140 Appeal from examiner's decision. 1.43.150 Effect of appeal. 1.43.160 Council action on appeals. 1.43.170 Appeal of decisions made by council. 1.43.180 Annual report. 1.43.010 Officeestablished. There is established an office of hearing examiner. The office of examiner shall be under the administrative supervision of the examiner and shall be separate from and not an administrative part of the department of community and economic development. Unless the context requires otherwise, the term"examiner" as used herein shall include deputy examiners and examiners pro tem. (Ord. 2948§ 1 (part), 1986). 1.43.020 Appoi t. The hearing examiner and any deputy examiners shall be appointed by the city council after consideration of the recommendation of the joint hearing examiner committee created by and pursuant to the "Intergovernmental Agreement for the Mutual Use of Hearing Examiner Services" entered into by and between the city of Yakima and Yakima County, Washington. Such examiner shall serve an indefinite term of office which shall, however, be reviewed one year following the date of original appointment and thereafter every four years. The council may also appoint examiners pro tem to serve in the event of absence or inability to act of the examiner and deputy examiners. (Ord. 2948§ 1 (part), 1986). 1.43.030 Qualifications. Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon them. Examiners shall hold no other elective or appointive office or position with the city of Yakima or the county of Yakima. (Ord. 2948§ 1 (part), 1986). 1.43.040 Removal. An examiner may be removed from office for cause by a majority vote of the city council after consideration of a recommendation as to removal or nonremoval from the joint hearing examiner committee. (Ord. 2948§ 1 (part), 1986). 43 . 3.050 Standards of c ct. (a) No person, including city or county officials, elective or appointive, shall attempt to influence an examiner in any matter pending before him, except at a public hearing duly called for such purpose, or to interfere with an examiner in the performance of his duties in any other way; provided, that an official or employee of the city of Yakima or Yakima County may, in the performance of his official duties provide information to the examiner when the action is disclosed at the hearing or meeting; nor, shall this section prohibit rendering of legal services to the examiner or to the council. (b) No examiner shall conduct or participate in any hearing or decision in which the examiner shall have a direct or indirect financial or personal interest or in which such conduct or participation shall violate any rule of law applicable thereto. (Ord. 2948§ 1 (part), 1986). 1.43.060 Rules. The examiner shall implement procedural rules for the conduct of hearings and other procedural matters related to the duties of his office in accordance with RCW 36.70.970. (Ord. 2948§ 1 (part), 1986). 1.43.070 Time computation. In computing any period of time prescribed by this chapter, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or a city legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, or a city legal holiday. (Ord. 2948§ 1 (part), 1986). 1.43.080 Duties and powers. The examiner shall hear, make a record of, and decide matters provided in this chapter or by other ordinances, including but not limited to the following land use matters: A. Matters prescribed by the Yakima urban area zoning ordinance, Title 15 of this code. Decisions of the examiner on such matters shall have the legal effect as set forth in the provisions of said ordinance; B. Review of preliminary plats and modifications thereto using the procedures and provisions for review by the planning commission as set forth in RCW Chapter 58.17 and the city of Yakima subdivision ordinance, Title 14 of this code. The decisions of the examiner on such matters shall constitute recommendations to the city council; C. Preliminary plat extension requests pursuant to RCW 58.17.140 and city of Yakima subdivision ordinance, Title 14 of this code. Decisions of the examiner on such matters shall constitute final decisions unless appealed to the council pursuant to the provisions of Title 16 of the Yakima Municipal Code; D. Plat vacations or amendments pursuant to RCW Chapter 58.11, 58.12, or 58.17. Decisions of the examiner on such matters shall constitute final decisions unless appealed to the council under the provisions of Title 16 of the Yakima Municipal Code; E. Pedestrian skybridge applications in the manner set forth in YMC 11.65.040(F) and pedestrian skybridge permit violations as set out in YMC 11.65.070; F. The examiner may conduct hearings required pursuant to RCW Chapter 43.21C, State Environmental Policy Act(SEPA), and Chapter 6.88 YMC at the request of the city responsible official charged with responsibility for holding such a hearing; provided, that the substantive SEPA decision and the decision on the associated action shall be made by the responsible official; G. The examiner may, at the request of the city shoreline administrator, receive and examine available information, conduct public hearings and prepare records and reports thereof, and issue recommendations to the council based upon findings and conclusions on applications for shoreline substantial development permits and conditional use permits; 44 H. Conduct public hearings on petitions and resolutions to vacate streets and public rights-of-way pursuant to RCW Chapter 35.79. Decisions of the examiner on such matters shall constitute a recommendation to the city council. The provisions of this section designating and assigning to the hearing examiner the duties and functions listed above shall supersede any and all conflicting provisions of the municipal code of the city of Yakima. (Ord. 2016-028§2, 2016; Ord. 2013-033§ 1 (Exh. A), 2013: Ord. 93-91 § 1, 1993: Ord. 3257§ 1, 1990: Ord. 3224§ 1, 1989: Ord. 2948§ 1 (part), 1986). 1.43.090 Applications. Applications for permits or approvals subject to review by the examiner shall be made to the city department of community and economic development(hereinafter referred to as the"department"). The department shall accept such applications only if applicable filing requirements are met. The department, in coordination with the hearing examiner, shall be responsible for assigning a date for and assuring due notice of public hearing for each application, which date and notice shall be in accordance with the statute or ordinance governing the application. (Ord. 2948§ 1 (part), 1986). 1.43.100 Master applications. Any persons proposing a development or project which requires more than one of the permits or approvals listed in Section 1.43.080 of this chapter may submit a master application to the department on forms furnished by the department containing all necessary information. The master application shall thereafter be processed by the examiner subject to the longest time limitations applicable to any of the required permits for approval. If any of the required approvals constitute a recommendation to the legislative body, the decision of the examiner to all such permits shall constitute a recommendation to the legislative body, otherwise the decision of the examiner shall be final subject to an appeal to the legislative body pursuant to this chapter, Title 15 and Title 16 YMC. (Ord. 2948 § 1 (part), 1986). 1.43.110 Report of department. Where no specific provision for a report of the department is contained in the statute or ordinance governing the application, the department may coordinate and assemble the reviews of other county/city departments, other state or local governmental agencies and franchised public utilities having an interest in the subject application and prepare a report summarizing the factors involved and the department's findings and recommendations. At least seven calendar days prior to the scheduled hearing the report shall be filed with the examiner and copies thereof shall be mailed to the applicant and made available for public inspection. Copies thereof shall be provided to interested parties upon request. (Ord. 2948§ 1 (part), 1986). .1 Examiner's ci i . Within ten working days of the conclusion of a hearing, unless longer period is agreed to in writing by the applicant, the examiner shall render a written decision which shall include findings and conclusions based on the record. Except as provided in YMC 1.43.080 and 1.43.100 and the decision of the examiner shall be final and conclusive on the fifteenth day after the date of the decision unless a notice of appeal to the Yakima city council is filed pursuant to YMC 1.43.140. The examiner's decisions together with his findings, conclusions, and record of proceedings shall be filed with the department of community and economic development. If the effect of the decision is a recommendation to the legislative body, the original thereof shall be transmitted to the legislative body(Ord. 2948§ 1 (part), 1986). 1.43.130 Noticeexaminer's decision. Unless different procedures are prescribed by the ordinance or statute governing the application, the department shall mail copies of the examiner's decision by certified mail to the applicant and by regular mail to other parties of record not later than three working days following the filing of a written decision by the examiner. For purposes of this chapter, "Party of Record" means: (1)the applicant; (2)the property tax payer for the subject property as identified by the records available from the Yakima County assessor's office; (3)the legal owner of the subject property; (4) any person who testified at the open record public hearing on the application; and/or(5) any person who submitted written comments during administrative review(within the required timeframe) or has submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or form letters). 45 (Ord. 2948§ 1 (part), 1986). 1.43.140 Appeal from examiner's decision. Appeals from the hearing examiner's decision shall use the procedures outlined in Chapter 16.08 YMC. 1.43.150 Effect of appeal. The timely filing of an appeal under this chapter shall stay the effective date of the examiner's decision until the appeal is adjudicated by the council or until the appeal is withdrawn. (Ord. 2948§ 1 (part). 1986). 1.43.180 Annual report. The examiner shall report in writing to and meet with the city planning commission and city council at least annuaUy, if roquootod, for the purpose of reviewing the administration of the oity'n land use policies and regulating ordinances. The report shall include a summary of the hearing examiner's decisions since the prior report. (Ord. 2010'22§2. 2010: Ord. 2948§ 1 (part). 1986). 46 Exhibit "C" 2018 Text is — Complete CleanVersion Title Chapter 16.08 APPEALS Sections: 16.08.005 Purpose and Applicability 16.08.010 Consolidated appeals. 16.08.012 Appeals—Where filed. 16.08.014 Burden of proof. 16.08.015 Definitions 16.08.018 Appeal of administrative official's decision 16.08.020 Open record appeals subject to review by hearing examiner. 16.08.025 Appeal of the hearing examiner's decision 16.08.030 Closed record appeal subject to review by the city council. 16.08.040 Judicial appeals. 16.08.050 Effect of appeals. 16.08.060 Actions not appealable. 16.08.005 Purpose and Applicability. The purpose of this chapter is to establish the procedures for appealing decisions made under the provisions of Title 14, Title 15, Title 16, and Chapter 6.88 of the Yakima Municipal Code. The procedures may also be used for any other matter where there is an appeal opportunity and the procedures of such appeal are not specifically outlined elsewhere in this Code. 16.08.010 Consolidated appeals. A. All appeals of project permit application decisions, other than an appeal of SEPA determination of significance, shall be considered together in a consolidated appeal and shall not be separated from the substantive matters of the application. B. Appeals of Determinations of Significance under SEPA, Chapter 6.88 YMC, shall proceed as provided in that chapter in an open record hearing. The purpose of this early and separate appeal hearing is to resolve the need for an environmental impact statement (EIS) and to permit administrative and judicial review prior to preparation of an EIS. (Ord. 98-66§ 1 (part), 1998). 16.08.012 Appeals—Where filed. All appeals authorized under the provisions of Title 14, Title 15, Title 16 and Chapter 6.88 of the Yakima Municipal Code, except judicial appeals, shall be filed with the division. The division shall forward the appeal to the appropriate administrative official, schedule an appeal hearing, provide the required notification, and maintain complete records of all appeal hearings unless otherwise provided for in this chapter. 16.08.014 Burden of proof. The appellant shall bear the burden to demonstrate at least one of the following: 1. The decision-maker(either the administrative official or hearing examiner) exceeded his or her jurisdiction or authority; 2. The decision-maker failed to follow applicable procedures in reaching the decision; 3. The decision-maker committed an error of law; and/or 4. The findings, conclusions or decision prepared by the decision-maker are not supported by substantial evidence. 16.08.015 Definitions. 47 Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. "Administrative official" means the duly appointed city of Yakima director of community development. "Agency" means any municipal corporation, state or federal government or subdivision thereof. "Aggrieved Person" or"Person Aggrieved" means a person who is directly affected by the approval, denial or conditioning of a permit, or a person who is directly affected by a decision of the administrative official, hearing examiner or city council. "Appellant" means the person or party appealing a decision made by the administrative official or the hearing examiner. "Applicant" means a person submitting an application for any permit or approval required by the Yakima Municipal Code Title 14 or Title 15, and who is the owner of the subject property or the authorized agent of the owner. "Department" or"Division" means the city of Yakima Department of Community Development. "Legislative Body" means the Yakima city council. "Officer" means the director of community development or his or her designee. "Party of Record" means: (1)the applicant; (2)the property tax payer for the subject property as identified by the records available from the Yakima County assessor's office; (3)the legal owner of the subject property; (4) any person who testified at the open record public hearing on the application; and/or(5) any person who submitted written comments during administrative review(within the required timeframe) or has submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or form letters). "Person" means any corporation, company, association, society, firm, partnership, or business, as well as an individual, a state and all political subdivisions of a state, any agency or instrumentality thereof. "Respondent" means the party against whom an appeal is taken or any party of record responding to an appeal. "Subject Property" means the real property that is at issue in the original application. 16.08.018 Appeal of the administrative official's decision. A. Appeal to the Hearing Examiner. Except as otherwise provided, any aggrieved person, party of record, or agency directly affected by any decision of the administrative official or designee may appeal that decision to the hearing examiner. B. Appeal. All appeals shall be filed within fourteen days following the mailing of the final decision by the administrative official or designee. Appeals shall be filed with the division. If a final decision does not require mailing, the appeal shall be filed within fourteen days following the issuance of the final decision. C. Appeals Shall Be in Writing. All appeals shall be in writing on forms provided by the department and shall be accompanied by the required fees; provided, that appeal fees should not be charged to the legislative body or a division of the city. All appeals shall specifically cite the action being appealed, the error(s) or issue(s)to be considered, and explain why the action is not consistent with the provisions of the Yakima urban area comprehensive plan, this title, or other provisions of law. Appeals shall also include a sworn statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant's signature. D. Notice. The division shall: 1. Set a reasonable time and place for hearing of the appeal; and 48 2. Provide a notice of appeal and public hearing to the official whose decision is being appealed and parties entitled to notice of the decision, including posting of property and publishing the notice at least ten days prior to the hearing. E. Transfer of Record. The officer from whom the appeal is being taken shall forthwith transmit to the hearing examiner all the records pertaining to the decision being appealed, together with such additional written report as he or she deems pertinent. F. Staff Report. A staff report shall be prepared and transmitted to the hearing examiner, along with the record in accordance with this chapter. G. Action by the Hearing Examiner. Testimony given during the appeal shall be limited to those points cited in the appeal application. The hearing examiner shall render a written decision on the appeal within ten working days from the conclusion of the hearing, unless a longer period is mutually agreed to by the parties to the appeal and the examiner. The hearing examiner may affirm or reverse, wholly or in part, or modify the order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal was taken. The division shall send copies of the hearing examiner's decision to the appellant, the parties of record, and the official whose decision was appealed, not later than three working days following the issuance of the final decision. H. Decisions by the Hearing Examiner Shall be Final Unless Appealed. Except as otherwise provided, all appeal decisions by the hearing examiner shall be final and conclusive on all parties unless appealed to the legislative body pursuant to this chapter. 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 canceled and rescheduled by the planning 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. D. The applicant or property owner shall remove all land use action signs from the subject property within thirty 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. 16.08.025 Appeal of the hearing examiner's decision. A. Appeals. The decision of the hearing examiner shall be final and conclusive unless appealed to the legislative body by a person aggrieved, a party of record, or by any agency of the city affected by the hearing examiner's decision in the following manner: 1. The appealing party must file a complete written notice of appeal with the division upon forms prescribed by the department and accompanied by the appeal fee within fourteen days from the date of mailing of the hearing examiner's final decision. 2. The notice of appeal shall specify the claimed error(s) and issue(s)that the legislative body is asked to consider on appeal and shall specifically state all grounds for such appeal. Issues or grounds of appeal that are not so identified need not be considered by the legislative body. 3. The notice of appeal shall include a sworn statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant's signature. 4. The city council shall hear appeals of all decisions of the hearing examiner during a public meeting or a limited hearing for receipt of oral legal argument, unless precluded by law. 49 B. Appeal Procedures—Notice of Appeal. 1. Notice of Filed Appeal. The planning division shall notify the parties of record and appellant that an appeal has been filed and that copies of the notice of appeal and any written argument or memorandum of authorities accompanying the notice of appeal may be obtained from the division. 2. Content of Notice of Filed Appeal. The notice to parties of record and appellant shall contain the following statements: All parties named in the appeal of the hearing examiner's decision wishing to respond to the appeal may submit a written argument or memorandum to the legislative body within thirty days from the date that the notice is mailed; and any written argument or memorandum shall not include the presentation of new evidence and shall be based only upon the facts presented to the examiner. C. Submittal of Written Argument or Memorandum. 1. The named parties to the hearing examiner's decision may file with the division a written argument or memorandum of authority within thirty days of the date of mailing of the notice of a filed appeal. 2. Rebuttal to Written Argument and Memorandum. Upon completion of the thirty day submittal period for submission of any written argument and memorandum, the parties named in the appeal of the hearing examiner's decision, at their expense, may obtain copies of any such submissions, and shall be provided a fifteen day rebuttal period which starts on the thirty-first day from the date of mailing of the notice of the filed appeal. 3. Extension of Time for Written Argument and Memoranda. a. No written argument or memorandum of authorities may be thereafter submitted except by the legislative body's approval of a written request for an extension for cause. Requests for extension must be made no later than the last date the memoranda would otherwise be due. b. The legislative body may grant further extensions on a finding by the legislative body of the existence of extenuating circumstances which warrant such extension(s). c. Upon granting an extension, a notice of extension shall be given to all parties of record, and the notice shall include the statement that: "Written arguments and memoranda shall not include the presentation of any new evidence and shall be based only on the facts presented to the examiner." D. Transfer of Record to Legislative Body. When a timely appeal has been filed and the deadline for receipt of written memoranda and arguments and all extensions have passed, the division shall deliver to the legislative body a copy of the examiner's decision, the evidence presented to the examiner, a recording of the hearing before the examiner, and any written argument or memorandum of authority which the division has received. E. An appeal shall be dismissed by the city council if: 1. It is filed by a person without standing to appeal; 2. The city council does not have jurisdiction to hear the appeal; 3. It is not timely filed; 4. The appeal fees are not timely paid; and/or 5. It is not filed in accordance with the procedures set forth in these rules. All motions to dismiss a defective appeal shall be filed within fifteen (15) calendar days from the filing date of the appeal. 16.08.030 Closed record appeal subject to review by the city council. A. Setting the Hearing Date and Notice of the Appeal. 1. Hearing Date. When the record and the examiner's decisions have been transmitted to the legislative body, the clerk of the legislative body shall schedule a date for a closed record appeal by 50 the legislative body at which time the legislative body shall consider the appeal. The date of the appeal should not be later than twenty days following the date the legislative body receives the information from the division, unless a different date is agreed upon by the city and the parties to the appeal. 2. Public Notice. The clerk of the legislative body shall mail written notice to the appellant, all parties named in the appeal of the hearing examiner's decision, all parties of record and the examiner to apprise them of the meeting date before the legislative body. B. Hearing Must Be Open to the Public. The city council shall hear appeals of all decisions by the hearing examiner during a public meeting or a limited hearing for receipt of oral legal argument. C. A complete appeal application must be submitted prior to the scheduling of the council meeting or limited hearing. D. The closed record appeal shall be on the record before the city council, and no new evidence shall be presented. The city council may, however, choose to do a site visit as part of its review. The record shall include all materials received in evidence at any previous stage of the review, audio/visual tapes of the prior hearing(s), the final order being appealed, and argument by the parties at the examiner's hearing. E. The appellants and any respondents to the appeal shall have the opportunity to present oral and written argument. Oral argument shall be confined to the prior established hearing examiner record and to any alleged errors in the decision. Participation in the closed record hearing is limited to the city, including all staff, the applicant for the proposal subject to appeal, and those persons or entities which have timely and properly filed complete written appeal statements (either as appellants or respondents). F. Following the closed record appeal hearing, the city council may affirm the decision of the examiner, remand the matter back to the hearing examiner with appropriate directions, or may reverse or modify the hearing examiner decision. If the council determines there is no error in the examiner's decision, it may adopt the findings of the examiner and accept the decision of the hearing examiner. If the city council renders a decision different from the decision of the examiner, the city council shall adopt amended findings and conclusions accordingly. 16.08.040 Judicial appeals. The city's final decision shall be final and conclusive unless appealed by a party of record with standing to file a land use petition in Yakima County superior court. Such petition must be filed within twenty-one days of issuance of the decision, and the proceeding shall follow the requirements as provided in Chapter 36.70C RCW. 16.08.050 Effect of appeals. Filing of an appeal stays all actions of the administrative official or designee on pending applications for development permits associated with the action or decision being appealed. The filing of an appeal shall not stay the effectiveness or effective date of any enforcement action or decision for violation of this title including cancellations and revocations of permits or approvals. 16.08.060 Actions not appealable. A. Generally. Only final actions or decisions of an administrative official or other official may be appealed under this chapter. B. Procedural Rulings. Interim procedural or other rulings during or as part of a review or decision making process by an administrative or other official under this title are not appealable except as part of the final decision or action. C. Enforcement Actions. No enforcement action for violation of Title 15 Yakima Municipal Code is appealable except as expressly provided in YMC Chapter 15.25. No decision or action for issuance of a warning citation or criminal citation by the administrative official or other proper legal authority is appealable under this chapter, nor shall any appeal under this chapter be taken of any law enforcement action commenced by any party in a court of law. 51 2018 Text Amendments — TrackChmnges Version 15.08.045Emernotiona. The following signs are exempt from the permitting requirements of this chapter: 7. Flags.Any Oogo�provided,that they conform to all provisions of this chapter for signs. ubieottuthe hoUovvinnntnndardn: a. Residential zoninq districts are allowed one flaq pole per street frontaOe. b� No more than two 8aqnmavba flown onaninq|e8aqpole. c The maximum flaq pole heiqht shall be the maximum structure heiqht of the underlVinq zoninq district per Y[NC § 15.05.030. Table 5'1� d. Flaq poles shall meet applicable setback standards for accessory structures. e. The maximum square footaqeofa0aq shall beaofollows: i Pole heiqht of2O-feet o, |eoc 4'x8' ii Pole heinhtnren0arthan 20'feetVo JO'feut 5'x8' iii Pole hoiqht qmnkerMhnn JO-feet: 5'x10' �.iv. Upon application, 8aq size may be increased proportionate 0o the maximum pole height uoa Modification (YMC § 1517). 15.23.030 Rezones—Zoning map amendments. 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. Non-project Rezone applications shall also include a non-bindinq conceptual site plan to show potential future use of the property. F. Development Agreement. Conditions may be proposed in order to mitigate 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 aqreement executed by the city council and the property owner(s), under the procedures set forth inRCVV3570B.170throunh36JOB.20O. 15.09.045 Accessory dwelling it B. Requirements.An accessory dwelling unit is o permitted Class (3)use in the SR. R'1. R'2. and R'3 zoninq | districts (See YMC § 15.04.030, Table 4-1), secondary to the primary use of a detached single-family dwelling, subject to all of the following conditions: 1. The accessory dwelling unit may be attached to the primary residence or attached to or above a detached garage, orbe its own stand-alone stmoture., 8. T4;4_-An ADU attached to the primarV structure shall have the same building setbacks as the primary structure. An ADU that is attached to, or built above, a detached garage or a stand-alone structure shall have the same bui|ding setbacks aoan accessory structure. 0. ADUoohoU only be permitted on pome|n8otsone quarter eorc inoizooized appropriately for a duplex per YMCg15.O5.O3O. Tab|e5-2. AOUopropooedon |otosmaUerdhundheminimum |ot size may be approved after underqoinn one additional level of review an shown inYMC § 15.04.030. Table 4'1� 10. The primary residence and the ADU shall both be connected to public sewer and water. o. If the ADU is attached to the primary dwelling unit,the two dwelling units shall share a single sewer and water connection. 52 b. If the ADU is attached to, or located above, a detached garage, or is a stand-alone structure, each unit shall have its own sewer and water connection,with required meters. 15.04.030, Table 4-1. Permitted Land Uses ........................................................................................................................................................................................................................................................................................................................................ SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 AGRICULTURAL(COMMERCIAL) Agriculture,Horticulture,General Farming(not 1 1 1 1 feedlots or stockyards)(*) Agricultural Building(*) 1 1 1 1 Agricultural Chemical Sales/Storage 1 1 1 Agricultural Market(*) 1 1 1 1 1 1 1 1 Agricultural Stand(*) 1 1 1 Agricultural Related Industries(*) 2 1 1 1 Animal Husbandry(See YMC 15.09.070)(*) 1 2 1 1 Concentrated Feeding Operation(*) 3 Floriculture,Aquaculture 1 1 1 Fruit Bin Sales/Storage 3 2 1 1 Marijuana Production(**) 1 1 Winery and Brewery Basic(*) 3 3 1 2 Resort/Destination w/on-site agricultural 2 3 3 3 3 3 3 production(*) Resort/Destination(*) 2 3 3 1 1 1 3 Retail(*) 1 1 1 1 1 1 2 AMUSEMENT AND RECREATION Aquatic Center 3 3 3 1 2 Amusement Park(Permanent)(*) 3 3 3 1 3 Bowling Alleys 2 2 2 1 1 2 3 Campground(*) 3 2 Children's Outdoor Recreation Center*(More 2 2 than 500 ft.from abutting residential and not containing a go-cart track) Children's Outdoor Recreation Center*(Less 3 2 than 500 ft.from abutting residential and/or containing a go-cart track) Drive-In Theatres 3 2 2 2 Exercise Facilities 2 1 1 1 1 2 1 1 1 2 Horse Racing Tracks,Speedways 3 3 Game Rooms,Card Rooms,Electronic Game 3 2 1 2 2 2 Rooms(*) 53 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Golf Courses,Clubhouses,Golf Driving 3 3 3 3 2 Ranges Miniature Golf Courses 3 3 1 1 1 1 Movie Theatres,Auditoriums,Exhibition Halls 3 1 1 1 1 Parks(*) 2 2 2 2 2 2 2 2 2 2 2 1 2 2 Roller Skating or Ice Skating Rink 2 2 1 1 2 Sports Facility(indoor) 2 2 1 2 1 2 Social Card Rooms(See YMC 15.09.090)(*) 3 3 3 3 State Fair Park (See YMC 15.04.200) COMMUNITY SERVICES Cemetery/Crematorium with Funeral Home 3 3 3 3 3 3 Funeral Home not associated with 3 2 2 2 1 1 1 2 2 Cemetery/Crematorium Churches,Synagogues,and Temples(*) 2 2 2 2 2 2 2 2 1 1 2 2 Community Center(*)Meeting Halls, 2 2 2 2 2 2 2 2 2 1 1 2 Fraternal Organizations Community Gardens(*)(if accessory to an 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 approved principal use)(See YMC 15.04.060(G)) Community Gardens(*)(with planting area of 1 1 1 1 1 1 1 1 1 1 1 1 one-quarter acre or less) Community Gardens(*)(with planting area of 2 2 2 2 2 2 2 2 2 1 2 2 more than one-quarter and up to one-half acre) Community Gardens(*)(with planting area of 2 2 2 2 2 2 2 2 2 2 2 2 more than one-half acre up to one acre) Day Care Facilities(not home occupation): 1 2 2 2 2 2 2 2 1 1 1 Family In-Home(*) Day Care Center(*) 2 2 2 2 1 1 2 1 1 1 1 2 1 Public Facility(*) 3 3 3 3 2 2 2 2 1 1 1 1 1 1 Hospital(*)Outside Institutional Overlay 3 3 3 3 3 3 3 3 Correctional Facilities 3 3 3 3 3 3 Libraries 3 3 3 2 1 2 1 1 1 1 1 1 Museums,Art Galleries 3 3 2 1 2 1 1 1 1 1 1 1 Schools Elementary and Middle 3 3 3 3 3 3 1 3 Senior High School 3 3 3 3 3 3 3 3 Business Schools(*) 3 3 3 3 3 3 2 2 1 1 1 2 2 Community College/University-Inside (See YMC Chapter 15.31) Institutional Overlay 54 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Community College/University-Outside 3 3 3 3 3 2 2 2 2 3 2 3 2 2 Institutional Overlay Vocational Schools(*) 3 3 3 3 3 2 2 2 1 1 1 2 3 Wastewater Sprayfield(*) 3 3 3 Zoo(*) 3 3 3 3 3 HEALTH AND SOCIAL SERVICE FACILITY Group Homes(six or fewer),Adult Family 1 1 1 1 1 1 1 1 Home(*) Treatment Centers for Drug and Alcohol 3 3 3 3 3 3 3 3 Rehabilitation Boarding House(*) 3 3 3 3 3 1 2 Halfway House(*) 2 3 3 Group Homes(more than six),Convalescent 3 2 2 2 3 3 and Nursing Homes(*) Mission(*)(with Type(3)review,and 2 2 2 development agreement see definition) MANUFACTURING Agricultural Product Support 2 2 2 1 1 Aircraft Parts 1 2 1 1 Apparel and Accessories 3 2 2 1 1 Bakery Products(wholesale) 2 2 2 2 2 1 1 Beverage Industry(*) 2 2 2 1 1 Canning,Preserving and Packaging Fruits, 32 1 1 Vegetables,and Other Foods Cement and Concrete Plants 3 1 Chemicals(Industrial,Agricultural,Wood, 3 1 etc.) Concrete,Gypsum and Plaster Products 2 1 1 Confectionery and Related Products 2 2 2 1 1 2 1 1 (wholesale) Cutlery,Hand Tools and General Hardware 1 3 1 1 Drugs 1 2 2 1 1 Electrical Transmission and Distribution 1 2 3 1 1 Equipment Electronic Components and Accessories and 1 2 2 3 1 1 Product Assembly Engineering,Medical,Optical,Dental, 1 2 2 1 1 Scientific Instruments and Product Assembly Fabricated Structural Metal Products 2 3 3 1 1 Food Processing 2 3 1 1 Furniture 2 3 2 1 1 55 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Glass,Pottery,and Related Products and 2 2 2 1 1 Assembly Grain Mill Products 3 1 1 Heating Apparatus Wood Stoves 1 1 Leather Products 3 1 1 1 Leather Tanning and Finishing 1 1 Machinery and Equipment 1 2 1 1 Marijuana Processing(**) 1 1 Marijuana Research(**) 1 1 Meat,Poultry and Dairy Products 1 1 Paints,Varnishes,Lacquers,Enamels and 3 1 Allied Products Paperboard Containers and Boxes 1 3 1 1 Plastic Products and Assembly 1 2 1 1 Prefabricated Structural Wood Products and 1 1 1 Containers Printing,Publishing and Binding 1 3 2 1 1 Printing Trade(service industries) 2 2 2 1 1 2 1 Recycling Processing Center(*) 3 1 Rendering Plants,Slaughter Houses 3 Rubber Products 1 2 1 Sign Manufacturing and Product Assembly(*) 2 1 1 1 1 Sawmills and Planing Mills 2 1 Sheet Metal and Welding Shops 2 1 1 Stone Products(includes finishing of 2 1 2 2 3 1 1 monuments for retail sale) Transportation Equipment,Including Trailers 2 1 1 and Campers Woodworking:Cabinets,Shelves,etc. 3 1 2 2 1 1 MINING/REFINING/OFF-SITE HAZARDOUS WASTE TREATMENT Asphalt Paving and Roofing Materials,Rock 3 3 1 Crushing Mining Including Sand and Gravel Pits(*) 3 3 3 Stockpiling of Earthen Materials(*) 2 2 2 2 1 1 1 1 1 1 1 1 1 1 Off-Site Hazardous Waste Treatment and 3 3 Storage Facilities(*) RESIDENTIAL Accessory Uses(*) See YMC 15.04.060 56 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Detached Single-Family Dwelling(*) 1 1 1 1 3 3 1 3 3 3 3 Accessory Dwelling Unit(*)(See YMC 2 2 1 1 15.09.045) Existing or New Detached Single-Family 1 1 1 Dwelling on Existing Lots of 8,000 Square Feet or Less Detached Single-Family Dwelling(zero lot 2 2 2 2 3 3 1 3 3 3 3 line)(*)(See YMC 15.09.040) Attached Single-Family Dwelling,Common 2 2 1 1 3 3 1 2 2 2 2 Wall(*) Two-Family Dwelling(Duplex)(*) 3 3 1 1 2 2 1 2 2 2 2 Converted Dwelling(*) 3 3 2 2 2 2 2 2 2 2 1 Multifamily Dwelling(*):0-7 DU/NRA 2 1 2 2 2 2 2 2 2 8 12 DU/NRA 2 1 2 2 2 2 2 2 2 13+DU/NRA 3 1 2 2 2 2 2 2 2 Mixed-Use Building 1 1 1 1 1 1 1 Planned Development(*) See YMC 15.28 Mobile Home Parks(*) 2 2 2 Mobile Home(*)or Manufactured Homes(*) See YMC 15.04.160 Retirement Homes(*) 2 3 1 3 1 1 Temporary Hardship Units(See YMC 2 2 2 2 2 2 2 2 2 2 2 15.04.140) RETAIL TRADE,AND SERVICE Adult Business Uses See YMC 15.09.200 Animal Clinic/Hospital/Veterinarian(*) 3 2 2 2 1 2 1 1 1 Auction House for Goods(*) 3 2 2 2 1 1 2 1 1 Auction House for Livestock(*) 3 2 2 Automotive Automotive Dealer New and Used Sales 2 2 2 1 3 1 1 Weekend Automobile and Recreational Vehicle 1 1 1 (RV)Sales Automotive:Car Wash/Detailing 2 1 1 1 1 1 2 Parking Lots and Garages 2 1 1 1 1 1 1 1 1 Maintenance and Repair Shops 2 1 1 2 1 2 1 2 Paint and Body Repair Shops 2 2 1 1 1 2 Parts and Accessories(tires,batteries,etc.) 2 1 1 1 1 2 1 2 Towing Services 1 3 1 1 57 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Wrecking and Dismantling Yard(*)and Hulk 3 1 Haulers(*) Bail Bonds 1 1 1 Beauty and Barber Shops 2 1 2 1 1 1 1 1 1 2 Bed and Breakfast Inn(*) 2 2 2 2 2 2 1 Boats and Marine Accessories 2 2 1 1 1 1 Butcher Shop 1 1 1 1 2 2 1 Commercial Services(*) 2 1 2 1 1 1 1 1 2 Communication Towers(*) (See YMC Chapter 15.29) Convenience Store—Closed 10:00 p.m.to 6:00 1 2 1 1 1 1 1 1 2 a.m. Convenience Store—Open 10:00 p.m.to 6:00 2 2 2 1 1 2 1 2 a.m. Pet Day Care/Animal Training(*) 2 1 1 1 2 1 1 2 Farm and Implements,Tools and Heavy 1 2 3 1 1 Construction Equipment Farm Supplies 2 2 1 1 2 1 Financial Institutions 1 1 1 1 1 1 1 1 Fuel Oil and Coal Distributors 1 2 1 1 Furniture,Home Furnishings,Appliances 1 1 1 1 1 1 1 General Hardware,Garden Equipment,and 2 1 1 1 1 1 1 1 1 Supplies General Retail Sales 12,000 sq.ft.or less(not 2 1 1 1 1 1 1 1 3 otherwise regulated)(*) General Retail Sales greater than 12,000 sq.ft. 2 1 1 1 1 1 1 3 (not otherwise regulated)(*) Heating and Plumbing and Electrical 2 2 1 1 1 1 1 Equipment Stores Heavy Equipment Storage,Maintenance and 1 1 1 Repair Kennels(*) 2 2 2 Laundries,Laundromats and Dry Cleaning 2 2 1 1 1 1 2 1 Plants Liquor Stores 2 2 1 1 1 1 Locksmiths and Gunsmiths 1 2 1 1 1 1 2 1 Lumber Yards 2 1 1 1 1 Marijuana Retail(**) 1 1 1 1 1 1 Massage Therapy/Spa(*) 1 1 1 1 1 1 1 1 1 Mobile Vendor See YMC Ch.5.57 Motels and Hotels* 2 1 1 1 1 1 58 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Extended Stay Hotel/Motel* 2 1 2 2 3 3 Night Clubs/Dance Establishments 2 1 1 1 1 1 Nursery(*) 2 1 1 1 1 1 1 1 Offices and Clinics 3 1 1 1 1 1 1 1 1 2 Office Contractor Building and Trade 3 1 1 1 1 1 1 1 1 1 (Plumbing,Heating,Electrical,and Painting) Outdoor Advertising(Billboards) See YMC 15.08.130 Pawn Broker 2 1 1 1 2 1 Radio/TV Studio 3 2 2 1 1 1 1 2 Recycling Drop-Off Center(*) 1 2 2 1 1 1 1 Rental:Auto,Truck,Trailer,Fleet Leasing 3 2 1 2 1 2 2 1 2 Services with Storage Rental:Heavy Equipment(except automotive) 1 1 with Storage Rental:Heavy Equipment(except automotive) 1 2 3 2 without Storage Repairs:Small Appliances,TVs,Business 1 2 1 1 1 1 2 1 1 Machines,Watches,etc. Repairs:Reupholstery and Furniture 1 1 1 1 1 1 1 1 Repairs:Small Engine and Garden Equipment 2 2 2 1 1 1 2 1 Restaurant(*) 2 1 1 1 1 1 1 1 1 Seamstress,Tailor 1 1 1 1 1 1 1 1 Service Station(*)Closed Between 10:00 p.m. 2 1 1 1 1 1 1 1 and 6:00 a.m.(*) Service Station(*)Open Between 10:00 p.m. 3 2 2 1 1 2 1 2 and 6:00 a.m.(*) Shooting Ranges(indoor) 3 3 3 3 1 Signs,Printed,Painted or Carved 2 2 1 1 2 1 1 Taverns(*)and Bars 1 2 1 1 1 1 1 1 1 Technical Equipment Sales(*) 2 1 2 1 1 1 1 1 1 1 Truck Service Stations and Shops 3 2 1 1 Truck(Large),Manufactured Home and Travel 1 3 1 Trailer Sales Waste Material Processing and Junk Handling 3 1 (*) TRANSPORTATION Bus Terminals 1 1 1 1 1 1 Bus Storage and Maintenance Facilities 1 1 Transportation Brokerage(*)Offices,with 2 2 1 1 Truck Parking 59 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Contract Truck Hauling,Rental of Trucks with 1 1 1 Drivers Air,Rail,Truck Terminals(for short-term 1 2 1 1 storage,office,etc.) Railroad Switch Yards,Maintenance and 1 1 Repair Facilities,etc. Taxicab Terminals,Maintenance and 3 3 1 Dispatching Centers,etc. Airport Landing Field 1 Airport Operations(*) 1 UTILITIES Power Generating Facilities 3 2 1 Utility Services(substations,etc.) 3 3 3 3 3 3 3 3 3 1 1 WHOLESALE TRADE—STORAGE Warehouses(*) 3 1 2 2 1 1 Wholesale Trade(*) 2 1 1 2 1 1 1 Storage Facilities,Bulk(*) 1 2 1 1 Storage Facilities Commercial(*) 3 1 2 3 1 1 Residential Mini-Storage(*) 3 3 1 2 3 1 1 * Refers to a definition in YMC Chapter 15.02. ** See YMC 15.09.220 for general development requirements for marijuana uses. =Not Permitted 1 =Class(1)Permitted Use 2 =Class(2)Requires an Administrative Review by the Administrative Official 3 =Class(3)Requires a Public Hearing by the Hearing Examiner Chapter 15.17 MODIFICATIONS TO EXISTING OR APPROVED USES OR DEVELOPMENT* Sections: 15.17.010 Purpose. 15.17.020 Modification to permitted development and uses regulated. 15.17.030 Exemptions. 15.17.040 Review of modifications. 15.17.050 Appeals. 15.17.010 Purpose. ........................................................................................................................................................................................................................................................................................................................................ This chapter establishes provisions for the review of proposed modifications to existing or approved Class (2) uses. 15.17.020 Modification to permitted development and uses regulated. ........................................................................................................................................................................................................................................................................................................................................ . Minor changes to existing or approved Class (1), (2) or(3) uses or development may qualify for abbreviated review under the provisions in this chapter, if they meet the criteria listed below, or may apply directly for revie as a Class (2)or(3) use or development. Overlay districts 60 shall not increase the level of review for the provisions of this chapter. Modifications not meeting the criteria below must apply directly for review as a Class (1),(2) or(3) use or development. A. The modification will not increase residential density that would require an additional level of review; B. The modification will not increase the amount of parking by more than ten percent or twenty spaces (whichever is least), except that the amount of parking for controlled atmosphere and cold storage warehouses may be increased by up to twenty spaces. This limit shall be calculated cumulatively for all previous modifications since the last normal review; C. Any expansion of use area or structure will not exceed fifty percent of the gross floor area. This limit shall be calculated cumulatively for all previous modifications since the last normal review; D. The modification will not increase the height of any structure; E. This limit shall be calculated cumulatively for all previous modifications since the last normal review; F. The modification will not add a drive-thru facility; and G. The modification does not include hazardous materials. 15.17.030 Exemptions. ........................................................................................................................................................................................................................................................................................................................................ For exemptions from the review processes, see YMC 15.01.040(A). 15.17.040 Review of modifications. ........................................................................................................................................................................................................................................................................................................................................ A. Submittals.Applications for modification shall follow the submittal requirements for Type (1) review. In addition, for a previously approved use or development,the applicant shall submit both the site plan previously approved by the reviewing official and a new site plan showing the location, size, and type of modification proposed by the applicant. B. Review.Applications for modifications may be administratively and summarily reviewed using the Type (1) review process, in addition to the following criteria: 1. Any proposed change in the site design or arrangement: a. Will not change or modify any special condition previously imposed under Class (1), (2) or(3) review; b. Will not adversely reduce the amount of existing landscaping or the amount or location of required sitescreening; and c. In the determination of the planning division, it will not create or materially increase any adverse impacts or undesirable effects of the project. 2. All proposed new structures, site improvements, or structural alterations to existing structures or site improvements comply with the development standards of YMC Chapters 15.05 through 15.08, except as approved under the adjustment or variance provisions. C. Decision and Notification of Decision. The planning division shall issue a written decision on the modification application using the Type (1) decision process. In addition, any proposed modification that does not meet all the requirements of this section shall be denied. The division shall mail its decision to the applicant. Uses or developments denied under this chapter may submit applications for review under the normal review provisions for the use. 15.17.050 Appeals. ........................................................................................................................................................................................................................................................................................................................................ Decisions by the planning division regarding approval or denial of administrative modifications may be appealed as prescribed by the applicable review. 15.02.020 Definitions ........................................................................................................................................................................................................................................................................................................................................ "Home occupation, taxicab operator" means the accessory use of a dwelling as an administrative office for a Taxicab licensed under YMC Ch. 5.78. This use shall be limited to a maximum of two vehicles operated by immediate family members who reside in the home. "Hotel" means a lodging use located in a structure, or structures, where rooms are usually accessed by means of common interior hallways, and which more than 90% of the rooms are provided to transient visitors for a fee on a daily or short-term basis. For purposes of this definition, "daily or short term" means 30 or fewer 61 consecutive days. This definition does not include other defined uses including, but not limited to, a boarding house or multi-family dwoUinq. "Motel" means a lodqinq use located in a structure, or structures, where rooms are usually accessed bV means of exterior corridors, and which more than 90% of the rooms are provided to transient visitors for a fee on a doi|vornhort'termbanis. Forpurposesofthindafinihon. ^dai|vorshortternfmoannJ0orfeworconnocuhxe days. This definition does not include other defined uses includin.q, but not limited to, a boardinq house or multi- familydwyUinq. "Extended Stay Hotel/Motel" means a hotel or motel where more than 10% of the monm are rented to the public for lonqer stays, which are more than 30 consecutive days. This definition does not include other defined uses includinq, but not limited to, a boardinq house or multi-familV dwellinq. "Party of Record" means: (1) the applicant; (2)the property tax paVer for the subject property as identified by the records available from the Yakima County assessor's office� (3) the leqal owner of the subject prouodv� (4) any person who testified at the open record public hearinq on the application� and/or (5) any person who submitted written comments durinq administrative review(within the required timefirame) or has submitted written comments concerning the application at the open record public heorinq (excluding persons who have on|vsiqnod petitions or form |ottoro). 15 O4 12O Home Occupations Table 4'3.Table mf Permitted Home Occupations Zoning District SR R'1 R'3 R-3 B'1 Accountant 1 1 1 1 Architect 1 1 1 1 Artist, author, arts and crafts 1 1 1 1 Attorney 1 1 1 1 Barbershop, beauty parlor 3 3 3 3 Bed and breakfast* 1 3 1 1 Business administration 1 1 1 1 Cabinet, mill work, carpentry work 3 3 Catering service 3 3 3 3 3 Ceramics and sculpting 3 3 3 3 Composer 1 1 1 1 62 Table 4-2.Table of Permitted Home Occupations Zoning District SR R-1 R-2 R-3 B-1 Dentist 1 2 2 2 Dog grooming 2 3 3 3 3 Dressmaker, seamstress,tailor 1 1 1 1 Engineer 1 1 1 1 Food preparation* 1 2 1 1 1 Home contractor* 1 1 1 2 1 Home instruction* 1-5 students 1 1 1 1 1 6-8 students 2 2 2 2 2 Insurance agent 1 1 1 1 Locksmith 1 2 2 1 1 Photographer(not including productions studio) 1 2 2 2 Physician 1 2 2 2 Product assemblage* 1 2 2 2 1 Massage therapy/spa* 1 1 1 1 1 Music teacher 1 1 1 1 Production of small articles by hand without the use of automated or production line 1 2 2 2 equipment Radio,television and small appliance repair 2 2 2 2 Real estate agent 1 1 1 1 Secretarial, phone answering, desktop publishing service* 1 1 1 1 Small engine repair 2 Taxicab Operator* 1 1 1 2 1 Wedding service 2 2 2 2 2 63 Table 4-2.Table of Permitted Home Occupations Zoning District SR R-1 R-2 R-3 B-1 Unclassified home occupation See YMC 15.04.120(G) 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 x = Not Permitted 15.03.020 District and map overlay intent statements. ........................................................................................................................................................................................................................................................................................................................................ M. Regional Development District(RD). The purpose of the regional development district is to provide high visibility from the interstate and state highways of the city of Yakima to provide regional commerce, office campus, recreation, large-scale retail, culture, light manufacturing, processing, research, and large multiple mixed uses. This district is characterized by very intensive development and a variety of land uses including retail sales and service establishments, high-density residential development, financial institutions, professional office buildings, hotels, condominiums, and corporation headquarters. 1.43.080 Duties and powers. ........................................................................................................................................................................................................................................................................................................................................ C. Preliminary plat extension requests pursuant to RCW 58.17.140 and city of Yakima subdivision ordinance, Title 14 of this code. Decisions of the examiner on such matters shall constitute final decisions unless appealed to the council pursuant to the provisions of ck { t Title 16 of the Yakima Municipal Code; D. Plat vacations or amendments pursuant to RCW Chapter 58.11, 58.12, or 58.17. Decisions of the examiner on such matters shall constitute final decisions unless appealed to the council under the provisions of chi a : Title 16 of the Yakima Municipal Code; 1.43.100 Master applications. ........................................................................................................................................................................................................................................................................................................................................ 64 Any persons proposing a development or project which requires more than one of the permits or approvals listed in Section 1.43.080 of this chapter may submit a master application to the department on forms furnished by the department containing all necessary information. The master application shall thereafter be processed by the examiner subject to the longest time limitations applicable to any of the required permits for approval. If any of the required approvals constitute a recommendation to the legislative body,the decision of the examiner to all such permits shall constitute a recommendation to the legislative body, otherwise the decision of the examiner shall be final subject to an appeal to the legislative body pursuant to this chapter, Title 15 and Title 16 YMC. (Ord. 2948 § 1 (part), 1986). 1.43.130 Notice of examiner's decision. ........................................................................................................................................................................................................................................................................................................................................ Unless different procedures are prescribed by the ordinance or statute governing the application,the department shall mail copies of the examiner's decision by certified mail to the applicant and by regular mail to other parties of record not later than three working days following the filing of a written decision by the examiner. For purposes of this chapter, "Party of Record" means: (1)the applicant; (2) the property tax payer for the subject property as identified by the records available from the Yakima County assessor's office; (3) the legal owner of the subject property; (4) any person who testified at the open record public hearing on the application; and/or(5) any person who submitted written comments during administrative review(within the required timeframe) or has submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or form letters). submitted written comment on any action or proposed action, or who have appeared at a public hearing or 1.43.140 Appeal from examiner's decision. ........................................................................................................................................................................................................................................................................................................................................ Appeals from the hearing examiner's decision shall use the procedures outlined in Chapter 16.08 YMC. and 1.43.100, and except for appqals processed under the city of Yakima Municipal Code, Chapter 15.16, a final decision by the examiner may be appealed to the council by any person aggrieved, or by any officer, department, board, or bureau of the city affected by the examiners decision, in the following manner: examiner's final decision. not so identified need not be considered by the council. notice of appeal and any written argument or may be obtained from the department. The notice to parties shall also state that parties of record wishing to presented to the examiner. A copy of the notice shall be sent to the appellant. fourteen days of the date of mailing of the notice to parties. Such written argument or memorandum of authoritiec shall be filed with the department. No written argument or authoritiec may be thereafter submitted on time within which written argument or memoranda must be submitted; provided, that the request for extension is made no later than the last date the memorandum would otherwise be due, The city council may grant presented tn the examiner. (e) VVh@R a timely appeal has beep filed and the deadline fOF F@G@*Pt of written Memoranda has passed, the department shall,within five days, deliver to the council, a copy of the examiner's decision, the evidence presented h/the nxaminnr, an audio recording wfthe hophng before the cx memorandum of authority which have been received, (Ord. 2OO17O § 1. 2001; Op& 2848§ 1 (pad). 1885). (a) General.When the record and the examiners decision has been transmitted to the oounoi|, the clerk oftho council shall schedule a date for a public meeting by the council at which time the council shall consider the (b) Public Notice of Meeting on Appeals. The clerk of the council shall mail written notice to all parties of record and the examiner to apprise them of the meeting date before the council. (o) Site Views. The council may view the site. (d) Scope of Review, Council review of the facts shall be limited to evidence presented to the examiner. The of rpgord Ar ortun4y to respond to the material provided-. (e) Action on Appeal. At the public meeting the council may adopt, amend and adopt, neje/t, revense, amend rendersa decision different from the decision of the exeminer, the council ohu|| adopt amended findings and conclusions accordingly, (Ord, 2840 § 1 (pad). 1885). 1.43.170 Appeal of deGisions made by GounGil. 61 thirty days from the date of final aodon, an aggrieved party obtains proceeding for purposes of review by the superior court. (Ord. 2948 § 1 (part), 1986). 143180 Annual re rt The examiner shall report in writing to and meet with the city planning commission and city council at least | annually, if requested,for the purpose of reviewing the administration of the city's land use policies and regulating ordinances. The report shall include a summary of the hearing examiner's decisions since the prior 66 CITY PLANNING — 2018 TEXT AMEND ENTS TXT#002-18 & SE 'A#020-18; TXT#003-18 & SEPA#025-18 City Council Public earing November 13, 2018 EX I IT LIST Applicant: City of Yakima Planning Division File Numbers: TXT#002-1 8 & SEPA#020-18; TXT#003-1 8 & SEPA#025-18 Site Address: N/A Staff Contact: Joseph Calhoun, Planning Manager Table of Contents CHAPTER AA Yakima Planning Commission's Findings of Fact & Recommendations to the City Council C • 'TER A Staff Reports CHAPTER B SEPA Checklists CHAPTER C Applications CHAPTER D Public Notices — Various Text Amendments CHAPTER E Public Notices —Hotel/Motel/Extended Stay CHAPTER F Public Comments — Various Text Amendments CHAPTER G Public Comments — Hotel/Motel/Extended Stay CHAPTER H Supplemental Information —Various Text Amendments CHAPTER I Supplemental Information— Hotel/Motel/Extended Stay 67 CITY PLANNING — 2018 TEXT AMENDMENTS TXT#002-18 & SEPA#020-18; TXT#003-18 & SEPA#025-18 EXHIBIT LIST CHAPTER AA Yakima Planning Commission's Recommendations 'yj a�...r dw .� 'YJk.S.MJM'x.';v v::u�•w.wuv::::n'u'r.H::xi::..uuwxiiixi:........ 'ueuav::uw.x.::ue: •n xxnxn ... •• AA-1 Yakima Planning Commission's Recommendation— 09/26/2018 TXT#002-18 & SEPA#020-18 (various text amendments) AA-2 Yakima Planning Commission's Recommendation— 10/16/2018 TXT#003-18 & SEPA#025-18 (Hotels/Motels & Extended Stay Hotels/Motels) 68 DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director Planning Division r7 YAKIMA Joseph Calhoun, Manager II I E 129 North Second Street, 2"d Floor, Yakima, WA 98901 ask.planning@yakimawa.gov www.yakimawa.gov/services/planning YAKIMA PLANNING COMMISSION RECOMMENDATION TO THE YAKIMA CITY COUNCIL FOR AMENDMENT TO YAKIMA MUNICIPAL CODE October 16, 2018 WHEREAS, Pursuant to RCW 36.70A.130(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, The City of Yakima last amended its Title 15 Zoning Ordinance on June 6, 2017; and WHEREAS, These updates are considered to be a non-project application without a specific use or site plan to be considered; and WHEREAS, Under the provisions of YMC 1.42 the Yakima Planning Commission is responsible for the review of amendments to the City's Yakima Zoning Ordinance and for recommending the approval, modification, or denial of each amendment; and WHEREAS, The Yakima Planning Commission held study sessions to review the proposed amendments on July 25, 2018; August 8, 2018; August 22, 2018; September 12, 2018; and September 26, 2018; and WHEREAS, All required public notice for these amendments were provided, in accordance with the provisions of YMC Ch. 16.10, on September 19, 2018; and WHEREAS, SEPA Environmental Review for these updates was considered with the Preliminary Determination of Nonsignificance issued on September 19, 2018 being retained on October 10, 2018; and WHEREAS, The Yakima Planning Commission held an open record public hearing on October 10, 2018 to hear testimony from the public, consider the amendments, and provide a recommendation to the Yakima City Council; Now therefore, the Yakima City Planning Commission presents the following findings and recommendation to the Yakima City Council: 4 AA - Z 69 Based upon a review of the information contained in the application, staff report, exhibits, testimony, and other evidence presented at an open record public hearing held on October 10, 2018, the Planning Commission makes the following: PURPOSE AND DESCRIPTION OF PROPOSED AMENDMENTS: The proposed amendments will define "Hotel, Motel, and Extended Stay" and identify what zoning districts the uses are allowed, and at what level of review. This amendment is the subject of a July 17, 2018 City Council Moratorium Public Hearing. At the July 17, 2018 public hearing it was moved and seconded: "That this matter be sent to the Planning Commission for research and evaluation, and that the Planning Commission make a recommendation to Council proposing definitions for the following terms: Hotel; Motel; and Extended Stay; and make recommendations regarding what zones are appropriate for those uses and at what level of review." YMC 5 15.02.020 — Definitions: "Hotel" means a lod in use located in a structure or structures where rooms are usual) accessed by means of common interior hallways, and which more than 90% of the rooms are provided to transient visitors for a fee on a daily or short-term basis. For purposes of this definition, "daily or short term" means 30 or fewer consecutive days. This definition does not include other defined uses including, but not limited to, a boarding house or multi-family dwelling. "Motel" means a lodging use located in a structure, or structures, where rooms are usually .... .............. ... accessed by means of exterior corridors, and which more than 90% of the rooms are provided to transient visitors for a fee on a daily or short-term basis. For purposes of this definition, `daily or short term" means 30 or fewer consecutive days. This definition does not include other defined uses including, but not limited to, a boarding house or multi-family dwelling. "Extended Stay Hotel/Motel" means a hotel or motel where more than 10% of the rooms are rented to the public for longer stays, which are more than 30 consecutive days. This definition does not include other defined uses including, but not limited to, a boarding house or multi- family dwelling. YMC § 15,04.030, Table 4-1 — Permitted Land Uses: SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Motels and Hotels 2 1 1 1 1 1 Extended Stay Hotel/Motel 2 1 2 2 3 3 FINDINGS OF FACT 1. This project underwent Environmental Review with the Determination of Nonsignificance being retained on October 10, 2018. 2. Public notice was provided in accordance with YMC Ch. 16.10, with a Notice of Public Yakima Doc, INDEX 2013 70 Hearing and Legal Ad Publication in the Yakima Herald newspaper on September 19, 2018. 3. The proposed amendments are consistent with the following Goal and Policy of the 2040 Comprehensive Plan: 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. 4. At its October 10, 2018 public hearing, the Yakima Planning Commission heard the staff presentation regarding the proposed amendment and considered oral testimony from John Cooper, on behalf of Yakima Valley Tourism. a. John Cooper provided testimony in favor of the staff proposal to increase the level of review for Extended Stay Hotel/Motel in certain districts. b. Written testimony in favor of a separate Extended Stay Hotel/Motel definition was submitted by John Cooper on behalf of Yakima Valley Tourism, and by Colette Keeton on behalf of the Yakima Valley Lodging Association. YAKIMA PLANNING CO ISSION'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 and 2040 Comprehensive Plan. MOTION Based on the testimony and evidence presented during this afternoon's public hearing, it was moved and seconded that the City of Yakima Planning Commission draft findings of fact and forward a recommendation of approval to the Yakima City Council. The motion carried 5-0. RECOMMENDATION TO CITY COUNCIL The Planning Commission of the City of Yakima, having received and considered all evidence and testimony presented at the public hearing, and having received and reviewed the record herein, hereby recommends that the City Council of the City of Yakima APPROVE the proposed text amendments to the Yakima Municipal Code, as presented by staff. RECOMMENDED this 16th day of October 2015,. By: Gri ' elf", r7C (4) Patr'tia,_Byers, Chair Yama Planning Commission Yakima • 'ill!' 2U15 P 1994 + -0Z 71 DEP FMENT OF COMMUNITY DEVEL. v1ENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager at40 129 North Second Street, 2"d Floor,Yakima, WA 98901 ask.planning@yakimawa.gov ° www.yakimawa.gov/services/planning YAKIMA PLANNING COMMISSION RECOMMENDATION TO THE YAKIMA CITY COUNCIL FOR AMENDMENT TO YAKIMA MUNICIPAL CODE September 26, 2018 WHEREAS, Pursuant to RCW 36.70A.130(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, The City of Yakima last amended its Title 15 Zoning Ordinance on June 6, 2017; and WHEREAS, These updates are considered to be a non-project application without a specific use or site plan to be considered; and WHEREAS, Under the provisions of YMC 1.42 the Yakima Planning Commission is responsible for the review of amendments to the City's Yakima Zoning Ordinance and for recommending the approval, modification, or denial of each amendment; and WHEREAS, The Yakima Planning Commission held study sessions to review the proposed amendments on December 13, 2017; January 10, 2018; March 14, 2018; March 28, 2018; April 11, 2018; May 5, 2018; May 23, 2018; and June 27, 2018; and WHEREAS, All required public notice for these amendments were provided, in accordance with the provisions of YMC Ch. 16.10, on July 20, 2018; and WHEREAS, SEPA Environmental Review for these updates was considered with the Preliminary Determination of Nonsignificance issued on July 20, 2018 being retained on August 10, 2018; and WHEREAS, The Yakima Planning Commission held an open record public hearing on September 12, 2018 to hear testimony from the public, consider the amendments, and provide a recommendation to the Yakima City Council; Now therefore, the Yakima City Planning Commission presents the following findings and recommendation to the Yakima City Council: It 72 Based upon a review of the information contained in the application, staff report, exhibits, testimony, and other evidence presented at an open record public hearing held on September 12, 2018, the Planning Commission makes the following: PURPOSE AND DESCRIPTION,OF PROPOSED AMENDMENTS: The complete track changes text of the proposed amendment can be found in Exhibit A, incorporated herein by this reference. 1. YMC § 15.08.045(7)— Sign Code Exemptions a. Modifications to Flag size and Flag pole height/location.. 2. YMC § 15.23.030— Rezones-Zoning map amendments a. Requiring a non-project rezone application to submit a non-binding conceptual site plan. b. Requiring that any conditions imposed on a Rezone application be incorporated into a development agreement. 3. YMC § 15.09.045 —Accessory Dwelling Units a. Consistency with Table 4-1 related to level of review (Class 2 in SR and R-1) b. Adding R-2 and R-3 as allowable zoning districts (Class 1 in R-2 and R-3) c. Clarifying structure type and placement d. Decreasing the minimum lot size from 0.25 acres to a lot appropriately sized for a duplex. 4. YMC Ch. 15.17— Modification a. Multiple changes throughout to allow any existing use which meets the applicable criteria to go through the Modification process. 5. YMC Ch. 15.02.020 — Definitions and YMC § 15.04.120— Home Occupations a. Adding definition for"Home occupation, taxicab operator" b. Adding Taxicab Operator to Table 4-2 6. YMC § 15.03.020 — District and map overlay intent statements and YMC Table 4-1 — Permitted Land Uses a. Adding "light manufacturing, processing, research" to the Regional Development (RD) district intent statement. b. Adding certain uses and modifying the level of review of certain uses in the RD zone. 7. Various sections—Appeals a. Revised definition of"Party of Record" in YMC § 15.02.020 b. All appeal language is being consolidated to YMC Ch. 16.08. Modified sections include: i. YMC Ch. 1.43 — Hearing Examiner ii. YMC Ch. 15.16 —Appeals YMC Ch. 16.08 —Appeals Yakima 4 Ili, 2015 1994 NV 73 FINDINGS OF FACT 1. This project underwent Environmental Review with the Determination of Nonsignificance being retained on August 10, 2018. 2. Public notice was provided in accordance with YMC Ch. 16.10, with a Notice of Public Hearing and Legal Ad Publication in the Yakima Herald newspaper on July 20, 2018. 3. The proposed amendments are consistent with the following Goal and Policy of the 2040 Comprehensive Plan: 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 2.3.1(A): Accessory Dwelling Units (ADU). Allow for attached and detached ADU's in all residential districts provided size, design, and other provisions are included to promote compatibility with surrounding uses. Additional considerations may include: • Reduce the minimum lot size for lots qualifying for an ADU. • Allow free-standing ADU's provided lots retain useable open space and units minimize privacy impacts to adjacent properties. • Provide an owner occupancy requirement (owner must live in primary home or ADU). Policy 2.3.3(H): Allow home occupations that would not generate excessive traffic, create parking problems, or degrade the livability or appearance of the neighborhood. Policy 2.5.6(B): Cascade Mill redevelopment— Promote coordinated development that integrates a mixture of uses, and the following land use design principles • Promote and incentivize large-scale industrial park, business park, light manufacturing or other economic development that integrates with planned retail and recreation uses. Goal 5.1: Encourage diverse and affordable housing choices. Policy 5.1.6: Allow accessory dwelling units in single family zones to increase the supply of affordable housing units to help existing homeowners remain in their homes. 4. At its September 12, 2018 public hearing, the Yakima Planning Commission heard the staff presentation regarding the proposed amendment and considered oral testimony from Clarice Dyer. a. Clarice Dyer provided testimony related to the minimum lot size for an ADU. The original recommendation was to allow ADUs on lots sized appropriately for a duplex. Based on the testimony, a new line will be added to allow an ADU on a lot that does not meet the minimum lot size if it goes through a higher level of review than what is required in Table 4-1. Yakima wear 'III ' 2015 'v. 1994 A—\ 74 YAKIMA PLANNING COM ISSION'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 and 2040 Comprehensive Plan. MOTION Based on the testimony and evidence presented during this afternoon's public hearing, it was moved and seconded that the City of Yakima Planning Commission draft findings of fact and forward a recommendation of approval to the Yakima City Council. The motion carried 6-0. RECOMMENDATION TO CITY COUNCIL The Planning Commission of the City of Yakima, having received and considered all evidence and testimony presented at the public hearing, and having received and reviewed the record herein, hereby recommends that the City Council of the City of Yakima APPROVE the proposed text amendments to the Yakima Municipal Code, as modified during the September 12, 2018 public hearing. RECOMMENDED this 26th day of September 2018. By Parr cia Byers, Cha* Ya ima Planning omrnission Yakima NII a.... rkwkaak *• 11111: • , 2015 1994 • AR-\ 75 Exhibit "A" City of Yakima Planning Division 3018 Text Amendments 1. Sign Code 16.08.045 Exemptions. ' The following signs are exempt from the permitting requirements of this chapter: 7. Flags.Any flags subject(oihe hmNawinpstamdardo- a. Residential,zoning districts areaUmwndonenap pohe per street frontnqe- lb� Nq more than two Daox may beflomn,pn a single flag bok:. c The maximum flact vote heiqht shall be the maximum structure height of the underlying zoninq district per YMC § 15O5O3D.Table 5'1� cl Flau ooles shall meet aDolicable setback standards for accessary structures, . o. The maximum square foctaqcofn flapahaU be as follows: i Pole heiohtnf2O-heegor less:4'xG' hL Pole height oraats/than 20'teet to 38-fee : 5'x8' Ji, Pole height qreater��.3.0-feec. 6'x1O' iv� Upon application, flag size may bw increased proportionate to |humaxinumnn$o height as a Modification (YMC g 1517� 2' Rmoome 16.23.D30 Rezones--Zonimgmnapammendmmemtm. - --' ---' -' - - '- - - ' — - — ' - - B. Application.All rezone applications shall be filed with the planning division.The planning division shall process the application under the provisions of YMC 1511,070 and Title 16.The application shall include the information required inY[NCI5,l1I2g and the signature of the mwner(o)cf the property. Non*proiectRezona applications shall also include a non-bindinq conceptual site plan to show potential,future use of the oropeilv. F, Development Agreement, Conditions may be proposed in order to mitiaalle any detrimental effect the rezone mi«h( have an uses ornrppe/tv 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 ownnr(p), tinder the procedures set forth in RCVV38,70B 170 th/ounh 36..70B 2O0. 3. ADU"s 15709.94.5 A.c.cess,pny'dwelling units. ' ................ - B. Requirements.An accessory dwelling unit iuo permitted C|aea(3) use dio(dc(o (GenYMC q 15.04O30, Table 4'1}. secondary to the primary use nfadetached single-family dwelling, subject hm all of the following conditions: 1. The accessory dwelling unit may be attached to the primary residence or attached to or above a detached garage^orba its,own sland'o|mnec1moturn.- �����w ������^ U������� ""�*=�='° �� l\u1`_\ ~� r v ` 76 6. The An ADU attached to the primary structure shall have the same building setbacks as the primary structure. An ADU that is attached to. or butt above a cletactied garage or a stand-alone structure shall have the some bulldog setbacks as ari accessuif structutu_ 9. ADUs shall only be permitted on parcels/lots enestuarterkaerear. -sized appropriately far a duplex per YMC 3 15,05 030 Table 5-2. ADUs proposed on lots smaller than the blink-rush lot size may be approved after undergoing one additional level of review as shown in YlVIC 515 04,030 Table 4-1. 10. The primary residence and the ADU shall both be connected to public sewer and water. a. If the ADU is attached to the primary dwelling unit, the two dwelling units shall share a single sewer and water connection. b. If the ADU is attached to, or located above, a detached garage, or is a stand-a/one structure each unit shall have its own sewer and water connection,with required meters. 16.04.030,Table 4-1, Permitted Land Uses SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 A flt,iCOJiy .J n;i:(*) (Sec YMC 15.0L045) 2 2 1 1 4. Modification Chapter 15.17 MODIFICATIONS TO EXISTING OR APPROVED USES OR DEVELOPMENT* Sections: 15.17.010 Purpose. 15,17 020 Modification to permitted development and uses regulated. 15 17.030 Exemptions. 15.17.040 Review of modifications. 15.17.050 Appeals. * Prior legislation: Ords. 3106, 93-81 and 95-13. 1 5.17.010 Purpose. This chapter establishes provisions for the review of proposed modifications to existing or approved Class (2). er—(3)-uses. 77 15.17.020 Modification to permitted development and uses regulated. � Iauo(1) uae i nor changes hn existing nr approved Class (1). (2)orCB uses or development may qualify for abbreviated review under the provisions in this chapter, if they meet the j criteria listed nt. Overlay districts shall not increase the level of review for the provisions of this chapter. Modifications not meeting the criteria below must apply directly forewiewaem C|moo(1). CO or use ordevelopment. . ` A. The modification will not increase residential density that would require an additional iewelmf review; B. The modification will not increase the amount of parking by more than ten percentor twenty spaces ^ (whichever is least), except that the amount of parking for controlled atmosphere and cold storage warehouses may be increased by up to twenty spaces.This limit shall be calculated cumulatively for all previous modifications since the last normal review; C. Any expansion of use area or structure will not exceed fifty percent of the gross floor area. This limit shall be calculated cumulatively for all previous modifications since the last normal review; D. The modification will not increase the height o[any structure; E. This limit shall be calculated cumulatively for all previous modifications since the last normal review; F. The modification will not add edhve-thru facility; and G. The modification does not include hazardous materials. 15.17.030 Exemptions. For exemptions from the review processes, see YMC 15,01,040(A) � 15.17.040 Review of modifications. A. Submittals.Applications for modification shall follow the submittal requirements for Type (1) review. In addition,for previously aPqrpMeo use or development,the applicant shall submit both the site plan previously approved by the reviewing official and a new site plan showing the|ooation, size, and type of modification proposed by the applicant. B. Rmview.Applications for modifications may be administratively and summarily reviewed using the Type(1) review process, in addition ho the following criteria: 1. Any proposed change in the site design orarrangement: \ ,. 78 a. Will not change or modify any special condition previously imposed under Class (1), (2)or(3) review; b. Will not adversely reduce the amount of existing landscaping or the amount or location of required sitescreening; and c. In the determination of the planning division, it will not create or materially increase any adverse impacts or undesirable effects of the project. 2. All proposed new structures, site improvements, or structural alterations to existing structures or site improvements comply with the development standards of YMC Chapters 15.05 through 15.08, except as approved under the adjustment or variance provisions. C. Decision and Notification of Decision.The planning division shall issue a written decision on the modification application using the Type(1)decision process. In addition, any proposed modification that does not meet all the requirements of this section shall be denied.The division shall mail its decision to the applicant. Uses or developments denied under this chapter may submit applications for review under the normal review provisions for the use. (Ord. 2016-029§ 1 (Exh.A) (part), 2016: Ord. 2008-46§ 1 (part),2008). 15.17.050 Appeals. Decisions by the planning division regarding approval or denial of administrative modifications may be appealed as prescribed by the applicable review. 5. Taxicab Home Occupation 15.02.020 Definitions OCCU ation taxicab o eratorb means the accessor use of a dwellin as an administrative office for a Taxicab licensed under YMC Ch. 5.78.This use shah be limited to a maximum of two vehicles operated by immediate family members who reside in the home. 15.04.120 Home Occupations Table 4-2.Table of Permitted Home Occupations Zoning District SR R-1 R-2 R-3 B-1 - 4 Accountant 1 1 1 1 , ° 79 Table 4-2.Table of Permitted Home Occupations ' Zoning District SR R4 R-2 R-3 84 Architect 1 1 1 1 . ^ Artist,author,arts and crafts 1 1 1 1 Attorney 1 1 1 1 Barbershop,beauty parlor 2 2 2 2 ' Bed and breakfast* 1 2 1 1 ' ,Business administration 1 1 1 i Cabinet,mill work,carpentry work 2 2 Catering service 2 2 2 2 2 Ceramics and sculpting 2 2 . 2 2 ` Composer 1 1 1 1 Day care,family home* 1 1 1 1 1 Dentist 1 2 2 2 Dog grooming 2 3 3 3 3 ' Dressmaker, seamstress,tailor 1 1 1 1 ^ Engineer 1 1 1 1 Food preparation* 1 2 1 ' 1 . 1 Home contractor* 1 1 1 2 1 Home instruction* 1--5studmnta 1 ' 1 1 1 1 6-8 students 2 2 2 2 2 Insurance agent 1 1 i 1 1 Locksmith 1 2 2 1 1 Photographer(not including productions studio) 1 2 2 2 . Physician 1 2 2 2 �����o'����� " �������� °«�=�^� =' �� I 8�_4 ' `' >',' ' 80 Tnhl.m 4-7.'Takla of PermitteA Home Occupations Zoning District SR R-1 R-2 R-3 8-1 Product assemblage* 1 2 2 2 1 Massage therapy/spa* 1 1 1 1 1 Music teacher 1 1 1 1 Production of small articles by hand without the use of automated or production line 1 2 2 2 equipment Radio,television and small appliance repair 2 2 2 2 Real estate agent 1 1 1 1 Secretarial, phone answering, desktop publishing service" 1 1 1 1 Small engine repair 2 Taxicap Operator. 11121 Wedding service 2 2 2 2 2 Unclassified home occupation See YMC 15,04.120(G) 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 6. Regional Development Zoning District 15.03.020 District and mar)overlay intent statements. ;: 81 M. Regional Development District (RD). The purpose of the regional development district is to provide high visibility from the interstate and state highways of the city of Yakima to provide regional commerce, office campus, recreation, large-scale retail, culture, light manufacturing, processing, research, and large multiple mixed uses,_. This district is characterized by very intensive development and a variety of land uses including retail sales and service establishments, high-density residential development, financial institutions, professional office buildings, hotels, condominiums, and corporation headquarters. Table 4-1.Permitted Land Uses SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 AGRICULTURAL(COMMERCIAL) Agriculture,horticulture,General Farming 1 1 1 1 (not feedlots or stockyards)(*) • Agricultural Building(*) 1 1 1 I Agricultural Chemical Sales/Storage 1 1 1 - Agricultural Market(*) 1 1 1 1 1 1 1 I Agricultural Stand(*) 1 1 1 Agricultural Related Industries(*) 2 l 1 1 Animal Husbandry(See YMC 15.09.070) I 2 I I (*) Concentrated Feeding Operation(*) 3 Floriculture,Aquaculture I 1 1 Fruit Bin Sales/Storage 3 2 1 1 Marijuana Production(**) 1 1 Winery and Brewery—Basic(*) 3 3 1 2 Resort/Destination w/on-site agricultural 2 3 3 3 3 3 3 production(*) Rcsort/Destination(*) 2 3 3 • 1 1 I 3 Retail(*) I 1 1 1 1 1 2 AMUSEMENT AND RECREATION Aquatic Center 3 3 3 1 2 Amusement Park(Permanent)(*) 3 3 3 I 3 Bowling Alleys 2 2 2 I 1 2 3 Campground(*) 3 2 Children's Outdoor Recreation Center* 2 2 (More than 5(10 It from abutting residential and not containing a go-cart track) Children's Outdoor Recreation Center* 3 2. (Less than 500 It from abutting residential and/or containing a go-cart track) Drive-In Theatres 3 J 2 2 2 DOC. INDEX 82 SR R-1 R-2 R-3 B-1 B-2 HB SCC ICC AS GC CBD RD M-1 M-2 Exercise Facilities 2 1 . 1 1 I , 7. I I I . 2 • •• horse Racing'tracks,Speedways 3 3 Game Rooms,Card Rooms,Electronic 3 2 1 2 2 2 Game Rooms(*) • Golf Courses,Clubhouses,Golf Driving 3 3 3 3 Ranges Miniature Golf Courses 3 3 I 1 l 1 • Movie Theatres,Auditoriums,Exhibition 3 I 1 I 1 Halls Parks(*) 2 2 2 2 2 2 2 2 2 2 2 I 2 2 Roller Skating or Ice Skating Rink 2 2 I 1 2 Sports Facility(indoor) 2 2 1 2 1 2 Social Card Rooms(See YMC 15,09.090) 3 3 3 3 (*) State Fair Park (See YMC 15 04,200) COMMUNITY SERVICES Cemetery/Crematorium with Funeral Home 3 3 3 3 3 3 I Funeral Home not associated with 3 2 2 2 I 1 1 2 2 Cemetery/Crematorium Churches,Synagogues,and Temples(*) 2 2 2 2 2 2 2 2 1 1 2 2 Community Center(*)Meeting Halls, 2 2 2 2 2 2 2 2 2 1 I 2 Fraternal Organizations Community Gardens(*)(if accessory to an 1 1 I 1 1 1 1 1 1 1 1 I I 1 1 approved principal use)(See YMC 15.04,060(G)) Community Gardens(*)(with planting area 1 1 1 I 1 1 1 1 1 1 11 of one-quarter acre or less) Community Gardens(*)(with planting area 2 2 2 2 2 2 2 2 2 1 2 2 of more than one-quarter and up to one-half acre) Community Gardens(*)(with planting area 2 2 2 2 2 2 2 • 2 2 2 2 2 of more than one-half acre up to one acre) Day Care Facilities(not home occupation); I 2 2 2 2 2 2 2 I 1 1 Family In-Home(*) Day Care Center(*) ' 2 2 2 2 1 1 2 I 1 I 1 2 1 Public Facility(*) 3 3 3 3 2 2 2 2 I I I 1 I I Hospital(*)Outside Institutional Overlay 3 3 3 3 3 3 3 3 Correctional Facilities 3 3 3 3 3 3 Libraries 3 3 3 2 1 2 1 1 1 1 1 1 Museums,Art Galleries 3 3 2 I 2 1 I 1 I I I I Schools Elementary and Middle 3 3 3 3 3 3 1 • 3 ROC. INDEX 83 SR R-1 R-2 R-3 B-1 B-2 ll6 SCC LCC AS GC CBD RD M-1 M-2 Senior High School 3 3 3 3 3 3 3 3 Business Schools(*) 3 3 3 3 3 3 2 2 1 l 1 2 2 Community College/University—Inside (See YMC Chapter 15.31) Institutional Overlay Community College/University—Outside 3 3 3 3 3 2 2 2 2 3 2 3 2 2 Institutional Overlay Vocational Schools(*) 3 3 3 3 3 2 2 2 1 1 1 2 3 Wastewater Sprayficld(*) 3 3 3 Zoo(*) 3 3 3 3 3 HEALTH AND SOCIAL SERVICE FACILITY Group Homes(six or fewer),Adult Family 1 1 1 1 1 1 1 I Home(*) Treatment Centers for Drug and Alcohol 3 3 3 3 . 3 3 3 3 Rehabilitation Boarding House(*) 3 3 3 3 3 1 2 Halfway House(*) 2 3 3 Group Homes(more than six),Convalescent 3 2 2 2 3 3 and Nursing(domes(*) Mission(*)(with Typc(3)review,and 2 2 2 development agreement—see definition) MANUFACTURING Agricultural Product Support 2 2 2 1 1 Aircraft Parts I 2 1 I Apparel and Accessories 3 2 2 1 1 Bakery Products(wholesale) 2 2 2 2 2 I 1 Beverage Industry(*) 2 2 2 1 1 Canning,Preserving and Packaging Fruits, 32 I 1 Vegetables,and Other Foods Cement and Concrete Plants 3 1 Chemicals(Industrial,Agricultural,Wood, 3 1 etc.) r Concrete,Gypsum and Plaster Products 2 1 I Confectionery and Related Products 2 2 2 I 1 2 1 1 (wholesale) Cutlery,Hand Tools and General Hardware 1 3 1 1 Drugs 1 2 2. 1 I Electrical Transmission and Distribution 1 2 3 1 1 Equipment Electronic Components and Accessories and 1 2 2 3 I I Product Assembly DOC. INDEX # -\ 84 SR R-1 R-2 R-3 B-1 B-2 FIB SCC LCC AS GC CBD RD M-1 M-2 Engineering.Medical,Optical,Dental, I1 : • • Scientific Instruments and Product Assembly ;Fabricated Structural Metal Products 2 3 3 1 Food Processing 2 3 I 1 Furniture 2 3 2 I 1 Glass,Pottery,and Related Products and 2 2 2 1 1 Assembly Grain Mill Products 3 1 I Heating Apparatus Wood Stoves 1 1 Leather Products 3 I 1 I Leather Tanning and Finishing 1 1 Machinery and Equipment 1 2 1 1 Marijuana Processing(**) 1 I • Marijuana Research(**) I , I • Meat,Poultry and Dairy Products 1. 1 Paints,Varnishes,Lacquers,Enamels and 3 1 Allied Products Paperboard Containers and Boxes 1 3 1 1 Plastic Products and Assembly 1 2 1 I Prefabricated Structural Wood Products and 1 1 1 Containers Printing,Publishing and Binding 1 3 2 1 I Printing Trade(service industries) 2 2 2 I I 2 1 Recycling Processing Center(*) 3 1 Rendering Plants,Slaughter Houses 3 Rubber Products 1 2 1 - Sign Manufacturing and Product Assembly 2 I I I I (*) • Sawmills and Planing Mills 2 1 Sheet Metal and Welding Shops 2 1 1 Stone Products(includes finishing of 2 I 2 2 3 1 1 monuments for retail sale) Transportation Equipment,Including -71 I Trailers and Campers Woodworking:Cabinets,Shelves,etc, 3 I 2 2 I I MINING/REFINING/OFF-SITE HAZARDOUS WASTE TREATMENT Asphalt Paving and Rooting Materials,Rock 3 3 Crushing DOC. INDEX 85 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Mining Including Sand and Gravel Pits(*) 3 3 3 Stockpiling of liarthen Materials(*) 2 2 2 2 1 1 1 1 1 1 1 1 1 1 Off-Site Hazardous Waste Treatment and 3 3 Storage Facilities(*) RESIDENTIAL Accessory Uses(*) See YMC 15.04.060 Detached Singlc-Family Dwelling(*) I I 1 1 3 3 I 3 3 3 3 Accessory Dwelling lUnit(*)(See YMC 2 2 15.09.045) Existing or New Detached Single-Family 1 1. 1 Dwelling on Existing Lots of 8,000 Square Feet or Less Detached Single-Family Dwelling(zero lot 2 2 2 2 3 3 I 3 3 3 3 line)(*)(Sec YMC 15.09.040) Attached Single-Family Dwelling,Common 2 2 1 1 3 3 l 2 2 2 2 Wall(*) Two-Family Dwelling(Duplex)(*) 3 3 1 I 2 2 1 2 2 2 2 Converted Dwelling(*) 3 3 2 2 2 2 2 2 2 2 1 Multifamily Dwelling(*):0-7 DU/NRA 2 1 2 2 2 2 2 2 2 8-12 DU/NRA 2 I 2 2 2 2 2 2 2 13+DU/NRA 3 1 2 2 2 2 2 2 2 Mixed-Use Building 1 I 1 1 I 1 1 Planned Development(*) See YMC 15.28 Mobile Home Parks(*) 2 2 I 2 Mobile home(*)or Manufactured Homes See YMC 15.04,160 (*) Retirement Homes(*) 2 3 1 3 I 1 Temporary Hardship Units(See YMC 2 2 2 2 2 2 2 2 2 2 2 15.04.140) RETAIL TRADE,AND SERVICE Adult Business Uses See YMC 15.09.200 Animal Clinic/Hospital/Veterinarian(*) 3 2 2 2 I 2 1 I 1 Auction House for Goods(*) 3 2 2 2 I 1 2 1 I Auction House for Livestock(*) 3 2 2 Automotive Automotive Dealer Ncw and Used Sales 2 2 2 1 3 1 I Weekend Automobile and Recreational I I 1 Vehicle(RV)Sales Automotive:Car Wash/Detailing 2 1 1 1 I 1 2 DOC. INDEX # (3\V3\- 1 86 SR R-1 R-2 R-3 B-1 B-2 LIB SCC LCC AS GC CBD RD M-1 NI-2 Parking Lots and Garages 2 1 1 1 I 1 1 I 1 Maintenance and Repair Shops 2 1 1 2 l 2 1 2 Paint and Body Repair Shops 2 2 1 I 1 ; 2 Parts and Accessories(tires,batteries,etc,) 2 I I 1 1 2 1 2 'Cowing Services 1 3 1 l Wrecking and Dismantling Yard(*)and 3 1 Hulk Haulers(*) Bail Bonds 1 1 i Beauty and Barber Shops 2 1 2 I 1 I 1 1 1 2 Bed and Breakfast Inn(') 2 2 2 2 2 2 1 Boats and Marine Accessories 2 2 1 1 1 1 Butcher Shop 1 l 1 1 2 2 1 Commercial Services(') 2 1 2 : 1 I 1 1 I 2 Communication Towers(*) (See YMC Chapter 15.29) Convenience Store—Closed 10:00 p m to I 2 1 I 1 1 I 1 2 6:00 a.m. Convenience Store—Open I0700 p,m.to 2 2 2 1 1 2 1 2 6:00 a.m, Pet Day Care/Animal Training(') 2 1 1 1 2 1 1 2 Farm and Implements,Tools and Heavy I 2 3 1 1 , Construction Equipment Farm Supplies 2 2 I 1 2 1• Financial Institutions 1 1 1 1 1 1 1 1 Fuel Oil and Coal Distributors 1 2 1 I Furniture,Home Furnishings,Appliances l 1 1 1 1 1 1 General Hardware,Garden Equipment,and 2 1 1 1 1 1 1 1 I Supplies General Retail Sales 12,000 sq,ft,or less 2 1 1 I I 1 I I 3 (not otherwise regulated)(*) General Retail Sales greater than 12,000 sq 2 1 I I 1 1 I 3 ft.(not otherwise regulated)(*) Heating and Plumbing and Electrical 2 2 I I 1 I 1 Equipment Stores Heavy Equipment Storage,Maintenance and I 1 1 Repair Kennels(*) 2 2 2 Laundries,Laundromats and Dry Cleaning 2 2 1 1 1 I 2 1 Plants Liquor Stores 2 2 1 I 1 I Locksmiths and Gunsmiths ' 1 2 I 1 I 1 1 2 1 DOC4 INDEX PA- 1 87 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Lumber Yards 2 1 1 1 1 Marijuana Retail(**) 1 1 1 1 1 1 Massage Therapy/Spa(*) I I 1 1 I 1 1 1 1 1 1 Mobile Vendor See YMC Ch.5.57 Motels and Hotels ( 2 1 I 1 1 i Night Clubs/Dance Establishments ( 2 1 I 11 1 Nursery(*) 2 1 1 I I 1 I I Offices and Clinics 3 1 1 1 1 1 1 1 1 2 Office Contractor Building and Trade 3 I 1 1 1 1 1 I I 1 1 (Plumbing,Heating,Electrical,and Painting) Outdoor Advertising(Billboards) Sec YMC 15 08.130 Pawn Broker 2 1 1 1 2 1 Radio/'TV Studio 3 2 2 I 1 1 1 2 Recycling Drop-Off Center(*) 1 2 2 1 1 1 1 Rental.Auto,Truck,Trailer,Fleet Leasing 3 2 I 2 1 2 2 1 2 Services with Storage Rental:Heavy Equipment(except 1 1 automotive)with Storage Rental:heavy Equipment(except 1 2 3 2 automotive)without Storage Repairs:Small Appliances,TVs,Business 1 2 I 1 1 1 2 1 1 Machines,Watches,etc. Repairs:Reupholstery and Furniture 1 1 1 1 1 1 1 I Repairs:Small Engine and Garden 2 2 2 I 1 1 2 1 Equipment Restaurant(*) 2 1 1 I 1 1 I I 1 `Seamstress,Tailor 1 1 1 1 1 1 1. I Service Station(*)Closed Between 10:00 2 I I 1 1 1 1 1 p.m.and 6:00 a.m.(*) Service Station(*)Open Between 10:00 3 2 2 1 1 2 1 2 p.m.and 6:00 a.m.(*) Shooting Ranges(indoor) 3 3 3 3 1 Signs,Printed,Painted or Carved 2 2 I I 2 1 1 Taverns(*)and Bars 1 2 I 1 I 1 1 I 1 Technical Equipment Sales(*) 2 I 2 1 1 1 1 1 1 1 Truck Service Stations and Shops 3 2 1 1 • Truck(Large),Manufactured Home and 1 3 1 Travel Trailer Sales Waste Material Processing and Junk 3 1 llandling(*) DOC. INDEX f*-1 88 SR R-1 ' R-2 R-3 13-I 6-2 FIB SCC LCC AS GC CBD RD M-1 :M-2 TRANSPORTATION Bus Terminals 1 1. I I I 1 Bus Storage and Maintenance Facilities I I • Transportation Brokerage(*)Offices,with 2 2 1 1 Truck Parking Contract Truck Hauling,Rental of Trucks 1 1 1 with Drivers • Air,Rail,Truck Terminals(for short-term 1 2 l I storage,office,etc) Railroad Switch Yards,Maintenance and l I Repair Facilities,etc. Taxicab Terminals,Maintenance and 3 3 l Dispatching Centers,etc. Airport Landing Field 1 Airport Operations(*) 1 UTILITIES Power Generating Facilities 3 2 1 Utility Services(substations,etc) 3 3 3 3 3 3 3 3 3 l 1 WHOLESALE TRADE—STORAGE Warehouses(*) 3 1 2 2 I 1 Wholesale Trade(*) 2 I 1 2 1 l : 1 Storage Facilities,Bulk(*) 1 2 1 1 Storage Facilities Commercial(*) 3 1 2 3 I 1 Residential Mini-Storage(*) 3 3 1 2 3 I 1 * Refers to a definition in YMC Chapter 15 02. ** See YMC 15.09,220 for general development requirements for marijuana uses =Not Permitted 1 =Class(1)Permitted Use 2 =Class(2)Requires an Administrative Review by the Administrative Official 3 =Class(3)Requires a Public Hearing by the Hearing Examiner DOC. INDEX # A 89 7. Appeals 15.02.020 Definitions -. PaFty-of-Recerel-Lmeans-the-applicaisit-and-any-ot n-who-h-as-submitted-written comment on ay-action or proposed-a ' r-who -at-a-pkit4is-hearing-or-public meet' 4011, "Party of Record" means: (1) the applicant; (2) the property tax payer for the subject property as identified by the records available from the Yakima County assessors office: (3) the legal owner of the subject property; (4) any person who testified at the open record public hearing on the application; and/or (5) any person who submitted written comments during administrative review within the required timeframe or has submitted written comments concerning_the application at the open record public hearing (excluding persons who have only signed petitions or form letters). DOC. INDEX # no Chapter 1.43 HEARING EXAMINER Sections: 1.43.010 Office established. 1.43.020 Appointment. 1.43.030 Qualifications. 1.43.040 Removal. 1.43.050 Standards ofconduct. 1.43.080 Rules. 1.43.070 Time computation. 1.43.080 Duties and powers. 1.43.090 Applications. 1.43.100 Master applications. 1.43.110 Report ofdepartment. 1.43.120 Examiner's decision. 1.43.130 Notice of examiner's decision. 1.43.140 Appeal from examiner's decision. 1.43.150 Effect ofappeal. ~ 1.43.160 Council action onappeals. 1.43.170 Appeal of decisions made by council. 1.43.180 Annual report. 1'43'010 Office established. There is established an office of hearing examiner. The office of examiner shall be under the administrative supervision of the examiner and shall be separate from and not an administrative part of the department of community and economic development. Unless the context requires otherwise, the term "examiner" as used herein shall include deputy examiners and examiners prm0em. (Ord. 2948 § 1 (part), 1906). 1'43'020 Appointment. The hearing examiner and any deputy examiners shall be appointed by the city council after consideration of the recommendation ofthe joint hearing examiner committee created by and pursuant to the "Intergovernmental Agreement for the Mutual Use of Hearing Examiner ^ Son/ioen^ entered into by and between the c|b/ of Yakima and Yakima County, Washington. Such examiner shall gen/g an indefinite term of office which eha||, hoxvever, be reviewed one year following the date of original appointment and thereafter every four years. The council may also appoint examiners pro tomto serve inthe event of absence pr inability to act ofthe examiner and deputy examiners. (Ord. 2848 § 1 (part), 1986). 1.43'030 Qualifications. Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative orquasi-judicial hearings on regulatory enactments and to discharge the other functions . ' ������ � ������" ]����� ' .' ___� &l conferred upon them. Examiners shall hold no other elective mr appointive office or position with the city of Yakima or the county ofYakima. (Ord. 2948G1 (parb. 1A88). 1.43.840 Removal. An examiner may be removed from office for cause by a majority vote of the c|b/ council after consideration of recommendation as to removal or nonn*mnova| from the joint hearing examiner committee. (Ord. 2948 § 1 (part), 1986). 1.43.050 Standards of conduct. (m) No peroon, including city or county officio|a, elective or appointive, ahm|| attempt to influence an examiner in any matter pending before him, except at a public hearing duly called for such purpoua, or to interfere with an examiner in the performance of his duties in any other way; provided, that an official or employee of the city of Yakima or Yakima County may, in the performance ofhis official duties provide information to the examiner when the action is disclosed at the hearing or meeting; nVr, eho|| this section prohibit rendering of legal services to the examiner orto the council. (b) No examiner shall conduct or participate in any hearing or decision in which the examiner shall have a direct or indirect financial or personal interest or in which such conduct or participation shall violate any rule of law applicable thereto. ([)rd. 2948 § 1 (pmrt). 1888). 1'43'060 Rules. The examiner shall implement procedural rules for the conduct of hearings and other procedural matters related to the duties of his office in accordance with RCVV36.7O.870. ((]nd. 2948 § 1 (pad). 1B80). 1'43'070 Time computation. In computing any period of time pnaanhbod by this chamtar, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be |nc|uded, unless it is Saturday, 8unday, or c|b/ legal ho|iday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, or a city legal holiday. (Ord. 2848 § 1 /pmrU. 1986). 1.43.080 Duties and powers. The examiner shall hmmr, make a naoovd of, and decide nna1banu provided in this chapter or by other ordinances, including but not limited to the following land use matters: A. Matters prescribed by the Yakima urban area zoning ordinance, Title 15of this code. Decisions of the examiner on such matters shall have the legal effect as set forth in the provisions of said ordinance; B. Review of preliminary plats and modifications thereto using - the procedures and provisions for review bythe planning commission as set forth in RCVV Chapter 58.17 and the city of Yakima subdivision ordinance, Title 14 of this code. The decisions of the examiner on such matters shall constitute recommendations tm the city council; no C. Preliminary plat extension requests pursuant to RCVV50.17.14O and city mfYakima ' subdivision ordinance, Title 14of this code. Decisions of the examiner on such matters shall constitute final decisions unless appealed bz the council pursuant to the provisions ofthis GhapWTitle 16 ofthe Yzjkirrila MunicipalCode; D. Plat vacations mr amendments pursuant toRCVV Chapter 58.11. 5O.12. or58.17. Decisions of the examiner on such matters shall constitute final decisions unless appealed to the council l under the provisions of thiG Ghapte Title 16 of theYakima N1unioiQa|Code; E. Pedestrian skybridge applications in the manner set forth in YIVIC 11.65.040(F) and pedestrian ohvbridge permit violations oo set out inYyNC11.G5.07O; F. The examiner may conduct hearings required pursuant toRCVV Chapter 43.21C. State Environmental Policy Act (GEP/\). and Chapter 6.80YyNC at the request of the city responsible official charged with responsibility for holding such ahearing; provided, that the substantive SEPA decision and the decision on the associated action shall be made by the responsible nffioia|; G. The examiner may, at the request of the city shoreline odrniniatrator, receive and examine available information, conduct public hearings and prepare records and reports thereof, and issue recommendations to the council based upon findings and conclusions on applications for shoreline substantial development permits and conditional use permits; ~ H. Conduct public hearings on petitions and resolutions to vacate streets and public rights-of- waypureuanttoRCVVChmpter35.78. Oen|e|onaoftheeoanl|neronouohnnmttereeha|| constitute m recommendation to the city council. The provisions of this section designating and assigning to the hearing examiner the duties and functions listed above shall supersede any and all conflicting provisions of the municipal code of the city pfYakima. (Ord. 2016-028 § 2. 2016; Ord. 2013-033 § 1 (Exh. A). 2013: Ord. 93-91 § 1. 1993: Ord. 3257 § 1, 1990: Ord. 3224 § 1, 1909: Ord. 2848 § 1 /paMb. 1886). 1.43'090 Applications. Applications for permits or approvals subject to review by the examiner shall be made to the city department of community and economic development(hereinafter referred toas the "department"). The department shall accept such applications only if applicable filing requirements are met. The department, in coordination with the hearing examiner, shall bm responsible for assigning a date for and assuring due notice of public hearing for each application, which date and notice shall be in accordance with the statute or ordinance governing the application. (Ord. 2948 § 1 (part), 1980). 1.43.100 Master applications. Any persons proposing a development or project whinhraquineemmnathanoneofthepmrnn|tomr approvals listed in Section 1.43.O0Oof this chapter may submit a master application tothe department on forms furnished by the department containing all necessary information. The master application shall thereafter be processed by the examiner subject to the longest time limitations applicable to any of the required permits for approval. If any of the required approvals constitute e recommendation to the legislative body, the decision ofthe examiner to all such permits shall constitute a recommendation to the legislative body, otherwise the decision mfthe examiner shall be final subject to an appeal to the legislative body pursuant to this chapter Title � ,15 and Title 16 fMC. (Ord. 2948 § 1 (part), 1880). �� � 1141 EX 93 1.43.110 Report of department. Where no specific provision for a report of the department is contained in the statute or ordinance governing the application, the department may coordinate and assemble the reviews of other county/city departments, other state or local governmental agencies and franchised public utilities having an interest in the subject application and prepare a report summarizing the factors involved and the department's findings and recommendations. At least seven calendar days prior to the scheduled hearing the report shall be filed with the examiner and copies thereof shall be mailed to the applicant and made available for public inspection. Copies thereof shall be provided to interested parties upon request. (Ord. 2948 § 1 (part), 1986). 1.43.120 Examiner's decision. Within ten working days of the conclusion of a hearing, unless longer period is agreed to in writing by the applicant, the examiner shall render a written decision which shall include findings and conclusions based on the record. Except as provided in YMC 1.43.080 and 1.43.100 and the decision of the examiner shall be final and conclusive on the fifteenth day after the date of the decision unless a notice of appeal to the Yakima city council is filed pursuant to YMC 1.43.140. The examiner's decisions together with his findings, conclusions, and record of proceedings shall be filed with the department of community and economic development. If the effect of the decision is a recommendation to the legislative body, the original thereof shall be transmitted to the legislative body (Ord. 2948 § 1 (part), 1986). 1.43.130 Notice of examiner's decision. Unless different procedures are prescribed by the ordinance or statute governing the application, the department shall mail copies of the examiner's decision by certified mail to the applicant and by regular mail to other parties of record not later than three working days following the filing of a written decision by the examiner. For purposes of this chapter, 'Party of Record" means: (1) the applicant; (2) the property tax payer for the subject property as identified by the records available from the Yakima County assessors office; (3) the legal owner of the subiect property; (4) any person who testified at the open record public hearing on the application; andior(5) any person who submitted written comments during administrative review (within the required timeframe) or has submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or form letters), 14 yof-puFposos of t " 1160(46-440 I-her-641bn* RIM ix-who-nave app prod ing-and-speeif eeis: -fof-sush--p-n-nao ring or eobiag-,-(Ord. 2948 § 1 (part), 1986). 1.43.140 Appeal from examiner's decision. Appeals from the hearing examiner's decision shall use the procedures outlined in Chapter 16,08 YMC. -as-to-€(eaptho&e4eeIsiwh-id4•npnstitute-r-enornmendatipns-to-the-e El-at:161,16-ff YMCA-43,080 1,4-34 -exeep f-Yakirna Muhi-oipal-Code,GhapteF-1-546T-a-final--deoision-by-the-exar-niner--rna-y-be-appealed-to-th oil by-any-person-aggrieveck-or-by-any-officredepartmentrboarctror-boreau of-the-pi4Laffested-by the-eeecs4eGision, inthflewingmaRneI-4- DOC. INDEX 94 fa) The-app ' 'io-a-complete-wAtten-netic ea-l-wit fortins-pteccr-ine ent-a-rid-a i -fee-wi ' (b) The noke-ef appeal-s ecify-t- ' —issde(-6)-wtitich-the-couricii-is asked to consider on appeal - -speci ' y-state-a4-14 . f-a hich-in ' ified need neosdebepi4, (G. n-appe-a copies-of4ne-net` peal-a y-w ' dum-of-authenties . . ' , in-the-depantme . he-noti shatl-a " 'iat-pai ' ecord-w-is14ing . . the- eat- u ' -itten nei-l-withi- tee e-dat parties is-al-at-lad-a- er-specif ument-or- rn-sball-n-ot i0A- R4Y-61-P d4o ; t , , (d) The appellant or any party of roc° ' ' -gd-rnent-or--memoFandu-m-of authonty-within-foutteen-day ' 'in ' , -whiten ; . arg-ument-o do be-fited ' , ... -hen-ties •-may-be-therea u-bmitted-except lowsTh ilant-or--parties-of-tecord may-requestrtn-writingi and the department may, in its-discretion-and-for-ea , grant-without any-oriot-notice-t r-parties-ef-record7-a-fifte -extension-of-tim-e-within-wnioh-w ' ang-timenter-m- nda-must-be-submitted -p ' , t-for ' a is made-no ' e-clue,--The-city-councti-ma}Lgrant further-extensions-on-a-finding-by-theeounc' ' enceof extenuating circumstances w ' ,Si ' f-an-exte-nsion-shal-l-be-g-i yea-to-all-pa rties-e-f- ; Meecdattec-ace4eeoniments shall not , e-facts peset4examnoc, . .exae ( a . . ; ' — arthe eviden ea;i449, 'bef ter-inemor ' WhiGh- Feceivecl-(Or-4,-204-1 (part), 1086); 1.43.150 Effect of appeal. The timely filing of an appeal under this chapter shall stay the effective date of the examiner's decision until the appeal is adjudicated by the council or until the appeal is withdrawn. (Ord. 2948 § 1 (part), 1986). 4-434. 60 Counci * . (-a General,When-th e-recor-d-a nd-the-exam-ineus- " 'IT ate-for-apublic-meeting-by-the-council-at-wbich-time the-counoil-sha-14-cortsideF-the-appeal-The-date-of-the-public-meeting-should- later-than twenty-days-f-oliewing-the-date-the-cou-n-cil-receives-the-information-from-the-de-partment, DOC, INDEX # APc— 95 -ubtio-Notice-of Me-eting-on-Ap-p-eane-sterk-of-tno-councii shalt-rnail-watten-notice-to-all pen4theexaminer to apprico-thena- eeting-date-bef CGUI-1637 e-Erite, (4) Sco notl ' 'dense- 1340P11440 e-oo a-l-infonglation-oF-mecnoFanda-in-ordeF-to-reach a • ; rthat-atl-Wie-s-of-resord--are-given-an-o-eport-unity-to-respo (e) Astion-on-Appeal-. 'ng-the-so end-a-nd-adopt, reject, G44614461 MThor romand r-fer-ki-rth " erati aking-a evi e- F--14-the-souns-ii-r-enders a decision-el-1 exam' , nei r-vde g-s-a 9•1Y, 8+1. 4-43,4 -on-appeal-of-4 ion-ef-the-egann-iner-s-hatl-b tve 'th-in-thj-Fty-d *nal-a-stion-ran a4y-obtains-a wnt- t-r-ev-i.ew-for-the-eur-pose-of-reviev,Lo stion-taken-or- -apriate-appeal as-allowed-te-lay-law-.--The-appellant-shall-provide-or-pay-fortn-a set Fe-paring a tim-transorip quiced-foj-tid-isia-[-ap-pea .1--With-the-son-sent-of-the euperi audio-r-scord-of--pr g-for lakr eview-by-the-super Q4-8-§ rt4' 1.43.180 Annual report. The examiner shall report in writing to and meet with the city planning commission and city council at least annually, if requested,for the purpose of reviewing the administration of the city's land use policies and regulating ordinances. The report shall include a summary of the hearing examiner's decisions since the prior report. (Ord. 2010-22 § 2, 2010: Ord. 2948 § 1 (part), 1986). "Party of Record" means: (1) the applicant; (2) the property tax payer for the subject property as identified by the records available from the Yakima County assessor's office; (3)the legal owner of the subject property; (4) any person who testified at the open record public hearing on the application; and/or(5) any person who submitted written comments during administrative review (within the required timeframe) or has submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or form letters). DOC. INDEX 96 Chapter 15.16 APPEALS Sections: 15,16 005 Appeals 4-646.010 Purposo. 4-646, nflict-of-prov-isions, 4 . „ 10 A ppeal-of-the-adrniniisVative-officia s-decision, 1-546.050 Appeal-of-the-hean-ng-exarni decision, 15:160€0 Lcgicta4vebo4toc-or#-appeat& 16,16.070 Appeeeiethele &at4odiv 1-646,080---E of-appeals, 4646. appealable, 15.16.005 Appeals. The procedures to appeal actions under Title 14, Title 15, Title 16, and Chapter 6.88 YMC, shall be found in YMC 16.08. 4-64 , . The-pur- 4e-we fes-fot-appeali -u-ndef 2008: Ord. • ln-thei-event, e tet-and f Title 4 -PaFt-) 20-1-6)7 &Ethedu . Fe-filed7 All-appeal tihe-p f-t jedicial-appealsrsinalt with-the-di — The-division-shall-fonmar le an a 'lig, provide-t hean-Figi-s-enless-otherwise-pre 029 § 1 (Exh, A) , 16: Ord,-2608-4 -d. 294:744 (part), 1-986)-, 4-546:030-Conselidated-appeals, A --Al pea sof isie-nisT-othef-than-an-appeal-of-SE-P-A rift-ination-of-sig 'cancesnall-be-considerecl4ogeth-er in a-con-solidated--appeal-and-sha11 flet-b 've-rnatte plication, -determination-sof — 4-er-oseed y-an appeal4hearin-g-ls-tore6olve-tine,need-for-en-env4antmant ipact,statemen1-a DOC. INDEX 97 administrative-ancl-j-fidicial-Feview-prier-te -atio .E4S-A0r-d7-20- (part), 2045), 4-54-6,040-Appeal-of-the--admin-istratim A. Appeal to4 ineF,-E-xcept- -wise-pr-ovide4,--any•-aggrieved--peFson-or agei- ff -any- iee may appeal that-de * eF, B. Appeal,-A1-1-app-eals-shal-i-betiled-wi * 4 ys-feliowing-the-mailing-of-t * decision by-the-administrative official or designee.Appeals shall bq filed with the division. If a --net-FequiF-e-meilingrthe-appeal-shali-be-filed-withiFi-fouFteen days foliowing the ssuane the *na4--deoision- C.- Appeals S — g,A1 * n-fe-rms-pFevided-b iea4mcnt a *eel-by-the-Fed-LA ; Fevi net-be charged to the4egisiative-body-o-F-a-diii- le city, Aii-appea46-5ilaii-Speeai4y-Gite the-aG— -FeF(s)-er--isstie{s nside in-wh-y-tt-ie-action is-not-consistent-with-the -s(a shone; ffrthis-titie,-of othpvsonsoIaw 2. --RFovide-a-netioe-of-apeeal-ancl-eublic-t-+eaFing-te-the-off-ieial-whose--cieeision-is-being eti onr-ineled-ing-posti transmit to-the-hearing oxa reco " , theF with- ,e e-oF-she-de mit 1 the-Fecocd-i f4-6 G. Action ear . -shai — those-pted4n4heappealapplication. T o h aring-e er-shall-FendeF-a-wntten decision-en-the-appeatwithin-ten-working-days-frem-the-oensiusion-ef-theheaFi- less-a iongeF-period; keen iner,-The-hearing-exarniner nt-deoisier „1-eF determinationrand-te-that-end-sh-ail-have ail-the-powers of the-officer-fFern-who ppeat is of4h-e-hear4ng-examiner On-fo-the-apeeilah parties of recordTand-th * -whose-de On-was-appealedroet-taterthan-thFee-wor*ing iewing-th * ' y-the-1=1-eacing- 'Aar- ealed. Except as-otheRviSe or , - eaFing-e e par-ties-uniess-appea . , 16:-Ord. 2008-454-1-0 .d-30-1-9-§§ 53, 54, .1987404, 2-947 §-1-4-par4)7 -4-986,--FoFmerly--1 . 0), DOC. INDEX # PA-1 98 4-5,1-6-7054-Appeal-Of-the-hearifig • • hatkizte-fieakand-sonettisive-uniess app e4o4e-tegietative-bedy-by-a g-evedro by a noy-o4he , cte4by e-fottewin T-he-appe-ating-party-reest-ft ening d— ' e-dep-aftment-and-asclatepanteci-hy the a•peal-fee with" de -orn-the-dat Fel 2, The-not eaks e-st r-(s) and is.s .te(s) that thq logicllattve t 4a-for-sab-appeak ncic,of apeea4--that-ara-Rot-s . ifted- the sk4ve-bo ties' I 'Rg-a pic meeting or imttod hca44ccopt-oo4egarument 4,----Noticle-of-F-ited-Appeat-The-ptanning-division-shali-netify-tee-padies of reclar-d-and appallare-that-an-appeakhas-beerkfiled and-th s-ef-the-notof-appeal-and-any .writ g ereorandureof-autheritie the- ' -4:te obtatned-frorn-the-disitision-, icle-te-p-a-rties-and-appellant--seat tate reentsA 4-to-the-a submit a wetteR-argu F-FR€14110 from Reticle-- ; y-wtitten-afflom p4ea not-ins4-6de-44e-pres eaf-Rew 4419ef-: • Wett a. The app or memorandum- in-thirty-day-s-of- - 'cle- 'led aPPeak b-.—Rebuttal to VIIritten-Argurnent-add-Meteoreeduat-Upon-sorepletion-ef-the-thtrty-da.y subrntalpec4od-fsu bms ny-wi4ttecun-ent-anthnemoandum, the appettant-at-t-heir-expense-rnay-obtain-eopt arty-stlett-SUbreisstonsr-and-shall-be provided- n-day-rebutta.kper-ied.-(staFting-on-the-thirty-firs-t-day-fron-4-the- ataiting-of-the-nottcle-of-4ileckappeatY G, E-xteesion-of-T-tree Rcl-kitere 1:147 4 or-andum-of-author-ities-rea uernitted exclept-wr" en----Howeve redtiests-fef extension- de-no-tater-thae-the-la-st-da epAtise be due. 've-he y-gFaRt-forther-extensions- egistative body-of-the-exi ating- ester) hise-wa.r-rant-stieh-e-xtensiorts, DOC. INDEX 99 d. tJpon-extension-of-any-request-for-written-a entation-or--rnemorandttcn,-a-n-otice of-exteris' --to-all-pacties-of-recordand-the-not alt-include-the statement- " agents chall not: prcce a on oa nw t-te-ba d-eRJo i-the es4ed44he oxaminor 31Fasfef Record , • - ly-appeal-has-Peen-filed-and-the d-eadline-fo-r--reoeipt-of-wc-itten-rnernocanda-and-all-extens' . deliver-to-thelegiskativ py-of-the er- vidende-presented-to tho examiner, a recording of t -e-the--examtner-and-any- , mentorandurn-of-aut ish-h 241 . 207 § 1 (pa439B&, 1.5 16,040). . . AGene enthe-reo rdand-t4e earninerls-dastaThe te-for-a-s-losed-reeord he- * latt date-of-the-public-rneeti Id- enty-day•s-fellowing the data-the•leg-islative body-reoeves4he4nfóriatkn-from4hedM&ew •he -shalt mail wnnotke to-all-pact a e-exam-tner to apprise-them-of-the•-meeting-clate-before-the ody * •D—Soop 'SI .vv-of-the fac inolude-all-rnaterials-re t-an ge-of weal , era- er'sr.-hearin-g, The-legistativ ord Ales o to the material provided. A-ppellaRt-and-Respand ants-and any e-appe-al e-eppoctunity-t i-and-written-a hearing-e*amin 'on, FiAction-on-Ap g4he-legislative-body-may mand-and•-adopt, rel-eot, , oc-am d-rev conclusions;••••and-cleoision-of-the-examiner-i or-comand4he-rnatter-for-further-sonsideration-or pucpose-oftaking-and-oonsidering-new factual-evidence-by-4h i 'fferent-f-con-t-the clecision-of-th the-leglslati-velaody-•shall-ad-opt-amended-findings-and- accordi-ngly,-(Ord-.-241-6-02-9-§-1,-(E-x-h-A)-( • ,-201-6-: Ord, 2008-4-6-§-1-(panV2-008:,-Grd -2-947 6.050), 4546,074)-A-ppea;-of-decierions-m-acie- 4-slat-We-body,. The ashen of the leg' eatef-the-desistan-of-the-examiner--sha - rid ive-unless-within-twenty-one-day•s-from-the-date-ef-fi copciate-wri-t-of-judi " rach-th erior--sount-foc-the DOC. INDEX 100 oseaf-review-of-theaction-4aken,-The-a-ppellent shall-provide-or-pa-y4er7in-acivancei--the 198 cost-of otoroceedinge-rectuired-for-' -a „ "-ofthe-su v audic-fecora-of ha-euper-ier-cooFt-a — 1-6- (-paizOr-204-64-. 4part)7-2-00 1-64-6-0604, 4 F4Fin I-act 'etretiv i0+1-Of-406: ing-appealed-,--The Unaeshailtstay4he-effeetivan t-actien--er de400 -of4hs eellatiari-s--a-n-d-FeYocat -permits-ar-apprev-atc, (Q-K1- 0 • • Ord, 2917 § 1 45: . cre-not-appeatable, A. Ganara4ly., On4y- GiSiGfiS-Gif-x3FI-a4 tiVe-0 — r-official-may beappeae4uRder4h4& haptecr El------P-rocredural-Rutings,-Interim-procedural-o-r-other-rut"• uring-or-as-part-of-a-review-or decision-mak.ing-process-byan-actminietrative-or-other-offiae eft oorc notappealabte -as-peGsptact-ofthe4JnakeGion Of action, eement-Actione,-No-enforcementaotion-for viol * — a-re-a - as-e*pres . o-rieci-e4-on-ar-actioa4or-issia 9 citation or-criminal-oltation-by-the-admin* 4 — erity-le ble-on-der-this-chapterTaar-sholl-any•appeal-kra -" enfefceFne -ion-cernmenced-by- 1-6-029 § 1 (Exl- A) 1'86. Formerly 15,16..080), I • DOC. iNDEX # Ati\ 101 Chapter 16.08 APPEALS Sections: 16.08.005 Purpose and Applicability 16.08.010 Consolidated appeals. 16,08,012 Appeals—Where filed, 16.08.014 Burden of proof. 16.08.015 Definitions 16.08,018 Appeal of administrative official's decision 16.08.020 Open record appeals subject to review by hearing examiner. 16.08.025 Appeal of the hearing examiner's decision 16.08.030 Closed record appeal subject to review by the city council. 16.08.040 Judicial appeals. 16,08.050 Effect of appeals. 16,08,060 Actions not appealable: 16.08.005 Purpose and Applicability. The purpose of this chapter is to establish the procedures for appealing decisions made under the provisions of Title 14, Title 15, Title 16, and Chapter 6.88 of the Yakima Municipal Code. The procedures may also be used for any other matter where there is an appeal opportunity and the procedures of such appeal are not specifically outlined elsewhere in this Code. 16.08.010 Consolidated appeals. A. All appeals of project permit application decisions, other than an appeal of SEPA determination of significance, shall be considered together in a consolidated appeal and shall not be separated from the substantive matters of the application. B. Appeals of Determinations of Significance under SEPA, Chapter 6.88 YMC, shall proceed as provided in that chapter in an open record hearing. The purpose of this early and separate appeal hearing is to resolve the need for an environmental impact statement(EIS) and to permit administrative and judicial review prior to preparation of an EIS. (Ord. 98-66 § 1 (part), 1998). 16.08.012 Appeals—Where filed.' All appeals authorized under the provisions of Title 14, Title 15, Title 16 and Chapter 6.88 of the Yakima Municipal Code, except judicial appeals, shall be filed with the division. The division shall forward the appeal to the appropriate administrative official, schedule an appeal hearing, provide the required notification, and maintain complete records of all appeal hearings unless otherwise provided for in this chapter: 16.08.014 Burden of proof. The appellant shall bear the burden to demonstrate at least one of the following: 1. The decision-maker (either the administrative official or hearing examiner) exceeded his or her jurisdiction or authority; 2. The decision-maker failed to follow applicable procedures in reaching the decision, 3. The decision-maker committed an error of law; and/or DOC. INDEX # 102 4. The findings, conclusions or decision prepared by the decision-maker are not supported by substantial evidence, 16.08.015 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. "Administrative official" means the duly appointed city of Yakima director of community development, "Agency" means any municjpel corporation, state or federal government or subdivision thereof, 'Aggrieved Person' or"Person Aggrieved" means a person who is directly affected by the approval, denial or conditioning of a permit, or a person who is directly affected by a decision of the administrative official, hearing examiner or city council, "Appellant" means the person or party appealing a decision made by the administrative official or the hearing examiner. "Applicant" means a person submitting an application for any permit or approval required by the Yakima Municipal Code Title 14 or Title 15, and who is the owner of the subject property or the authorized agent of the owner. "Department" or "Division" means the city of Yakima Department of Community Development. "Legislative Body". means the Yakima city council, "Officer" means the director of community development or his or her designee. "Party of Record" means; (1) the applicant (2) the property tax payer for the subject property as identified by the records available from the Yakima County assessor's office, (3) the legal owner of the sub'ect ro ert 4 an erson who testified at the o en record ublic hearin on the application: and/or(5) any person who ,submitted written comments during administrative review within the required tinneframe) or has submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or form letters). "Person" means any corporation, company, association, society, firm, partnership, or business, as well as an individual, a state and all political subdivisions of a state, any agency or instrumentality thereof. "Respondent" means the party against whom an appeal is taken or any party of record responding to an appeal, "Subject Property" means the real property that is at issue in the original application, 16.08.018 Appeal of the administrative official's decision. A. Appeal to the Hearing Examiner. Exce t as otherwise provided, anvaggdeved person, party of record, or agency directly affected by any decision of the administrative official or designee may appeal that decision to the hearing examiner, DOG1 INDEX # APH 103 B. Appeal, All appeals shall be filed within fourteen days following the mailing of the final decision by the administrative official or designee. Appeals shall be filed with the division. If a final decision does not require mailing, the appeal shall be filed within fourteen days following the issuance of the final decision. C. Appeals Shall Be in Writing. All appeals shall be in writing on forms provided by the department and shall be accompanied by the required fees; provided, that appeal fees should not be charged to the legislative body or a division of the city. All appeals shall specifically cite the action being appealed, the error(s) or issue(s) to be considered, and explain why the action is not consistent with the provisions of the Yakima urban area comprehensive plan, this title, or other provisions of law. Appeals shall also include a sworn statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant's signature, D. Notice. The division shall: 1. Set a reasonable time and place for hearing of the appeal; and 2. Provide a notice of appeal and public hearing to the official whose decision is being appealed and parties entitled to notice of the decision, including posting of property and publishing the notice at least ten days prior to the hearing. E. Transfer of Record. The officer from whom the appeal is being taken shall forthwith transmit to the hearing examiner all the records pertaining to the decision being appealed, together with such additional written report as he or she deems pertinent. F. Staff Report. A staff report shall be prepared and transmitted to the hearing examiner, along with the record in accordance with this chapter. G. Action by the Hearing Examiner. Testimony given during the appeal shall be limited to those points cited in the appeal application. The hearing examiner shall render a written decision on the appeal within ten working days from the conclusion of the hearing, unless a longer period is mutually agreed to by the parties to the appeal and the examiner. The hearing examiner may affirm or reverse, wholly or in part, or modify the order, requirement, decision, or determination, and to that end shall have ail the powers of the officer from whom the appeal was taken, The division shall send copies of the hearing examiner's decision to the appellant, the parties of record, and the official whose decision was appealed, not later than three working days following the issuance of the final decision. H. Decisions by the Hearing Examiner Shall be Final Unless Appealed, Except as otherwise provided, all appeal decisions by the hearing examiner shall be final and conclusive on all parties unless appealed to the legislative body pursuant to this chapter. 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 canceled and rescheduled by the planning 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. DOC. INDEX .te AA—I 104 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. D. The applicant or property owner shall remove all land use action signs from the subject property within thirty 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. 2016-030 § 15, 2016: Ord. 98-66 § 1 (part), 1998). 16.08,025 Appeal of the hearing examiner's decision. A. Appeals. The decision of the hearing examiner shall be final and conclusive unless appealed to the legislative body by a person aggrieved, a party of record, or by any agency of the city affected by the hearing examiner's decision in the following manner; 1_ The appealing party must file a complete written notice of appeal with the division upon forms prescribed by the department and accompanied by the appeal fee within fourteen days from the date of mailing of the hearing examiner's final decision, 2. The notice of appeal shall specify the claimed error(s) and issue(s) that the legislative body is asked to consider on appeal and shall specifically state all grounds for such appeal. Issues or grounds of appeal that are not so identified need not be considered by the legislative body. 3. The notice of appeal shall include a sworn statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant's signature. 4. The city council shall hear appeals of all decisions of the hearing examiner during a public meeting or a limited hearing for receipt of oral legal argument, unless precluded by law. B. Appeal Procedures—Notice of Appeal. 1, Notice of Filed Appeal, The planning division shall notify the parties of record and appellant that an appeal has been filed and that copies of the notice of appeal and any written argument or memorandum of authorities accompanying the notice of appeal may be obtained from the division, 2. Content of Notice of Filed Appeal. The notice to parties of record and appellant shall contain the following statements: Ali parties named in the appeal of the hearing examiner's decision wishing to respond to the appeal may submit a written argument or memorandum to the legislative body within thirty days from the date that the notice is mailed and any written argument or memorandum shall not include the presentation of new evidence and shall be based only upon the facts presented to the examiner, C. Submittal of Written Argument or Memorandum. 1, The named partiesappellaRt to the hearing examiner's decision Ftv-of reGerd may file with the division a written argument or memorandum of authority within thirty days of the date of mailing of the notice of a filed appeal. DOC. INDEX # AA -1 105 2. Rebuttal to Written Argument and Memorandum. Upon completion of the thirty day submittal period for submission of any written argument and memorandum, the parties named in the appeal of the hearing examiner's decisionappetlant, at their expense, may obtain copies of any such submissions, and shall be provided a fifteen day rebuttal period which starts on the thirty-first day from the date of mailing of the notice of the filed appeal, 3. Extension of Time for Written Argument and Memoranda. a. No written argument or memorandum of authorities may be thereafter submitted except by the legislative body's approval of a written request for an extension for cause. Requests for extension must be made no later than the last date the memoranda would otherwise be due. b. The legislative body ma rant further extensions on a finding by the legislative body of the existence of extenuating circumstances which warrant such extension(s). c. Upon granting an extension, a notice of extension shall be given to all parties of record, and the notice shall include the statement that: "Written arguments and memoranda shall not include the presentation of any new evidence and shall be based only on the facts presented to the examiner." D. Transfer of Record to Legislative Body. When a timely appeal has been filed and the deadline for receipt of written memoranda and arguments and all extensions have passed, the division shall deliver to the legislative body a copy of the examiner's decision, the evidence resented to the examiner, a recordin of the hearing before the examiner, and any written argument or memorandum of authority which the division has received. E. An appeal shall be dismissed by the city council if: 1. It is filed by a person without standing to appeal; 2. The city council does not have jurisdiction to hear the appeal: 3. It is not timely filed; 4. The appeal fees are not timely paid; and/or 5. It is not filed in accordance with the procedures set forth in these rules. All motions to dismiss a defective appeal shall be filed within fifteen (15) calendar days from the filing date of the appeal, 16.08.030 Closed record appeal subject to review by the city council. A. Setting the Hearing Date and Notice of the Appeal. 1. Hearing Date. When the record and the examiner's decisions have been transmitted to the legislative body, the clerk of the legislative body shall schedule a date for a closed record appeal by the legislative body at which time the legislative body shall consider the appeal. The date of the appeal should not be later than twenty days following the date the legislative bod receives the information from the division unless a different date is agreed upon by the city and the parties to the appeal. DOC. NDEX # /AA - 106 2� Public Notice. The darh of the |eqia|mtivw body shall mail written notice to the appellant, all parties named in the_appeal of the heorinq examiner's decision, all parties ofn:cord-, and the exanminertn apprise ihennorihe,meebnOd$ie Doforathe leg|o)abve body. B.A. Hearing Must Be Open Lo the Public. The city council shall hear appeals Cf all decisions by the hearing examiner during a public meeting or limited hearing for receipt of oral legal argument. | / -9C. A complete appeal application must be submitted prior to the scheduling of the council meeting or limited hearing. C. The closed record appeal shall be on the record before the city council, and no new evidence shall bepresented, The nity_counoi| may, however, choose tVdoe site visit aooartof its nav|evv. The record shall include all materials received in evidence stany previous stage of the review, audio/visual tapes of the prior hearing(s), the final order being appealed, and argument by the parties a1the examiner's hearing. D. The appellants and any respondents to the appeal shall have the opportunity topresent oral and written argument. Oral argument shall be confined to the prior established hearing examiner record and to any alleged errors in the decision. Participation in the closed record haaringi8 limited tothe ci<y, iQC(Wdinq all staff, the applicant for the proposal oubiec�{o appeal, _ and those persons or entities which have timely andproAedy filed complete written appeal statements/ebheran appellants Vrrespondents), E. Following the closed record appeal hearing, the city council may affirm the decision of the exonminer, remand the matter bock to the hearing examiner with appropriate dipautiono, o,may reverse O[modify the hearing examiner decision. ppndoy4&4g*ie�, |f the council determines there iano error inthe examiner's decision, it may adopt the findings ofthe examiner and accept the decision ofthe hearing examiner. |f the city council renders a decision different from the decision ofthe examiner, the city council shall adopt amendedfindilqs and conclusions rd� �� . (Ord. 98- 66 § 1 (part), 1998). 16'08'040 Judicial appeals. | The Citv'Gfinal decision shall be final and conclusive unless eFf-ef+apPAe3fief+n4.-"a appealed by a party of record with standing to file a land use petition in Yakima County superior court. Such petition must be filed within twenty-one days of issuance of the dmciaion, and the p,00eedinq shall follow the reoujrements as provided in Chapbor36.7OC RCVV. (Ord. 98-66 G 1 (port). 1898). 16.08.060 Effect of appeals. Filing of on appeal stays all actions of the administrative official or desiqn8e on p8ndinq applications for development permits associated with the action or decision beinOappealed, The MUngofan appeal shall nctotay the effectiveness oreffective date of any enforce'ment action n/ decision for violation of this title includinq cancellations and revocations of permits or approvals, 16.00.060 Actions not appealable, Doe. INDEX \ 107 A. Generally. Only final actions or decisions of an administrative official or other official may be appealed under this chapter, B. Procedural Rulings. Interim procedural or other rulings during or as part of a review or decision making process by an administrative or other official under this title are not appealable except as part of the final decision or action. .......... ............................ C. Enforcement Actions. No enforcement action for violation of Title 15 Yakima Municipal Code is appealable except as expressly provided in YMC Chapter 15.25. No decision or action for issuance of a warning citation or criminal citation by the administrative official or other proper legal authority is appealable under this chapter, nor shall any appeal under this chapter be taken of any law enforcement action commenced by any party in a court of law. DOC, INDEX # ��-1 108 CITY PLANNING — 2018 TEXT AMENDMENTS TXT#002-18 & SEPA#020-18; TXT#003-18 & SEPA#025-18 EXHIBIT LIST CHAPTER A Staff Reports .?q ,•....."" ;:::b�::<Mr'";:9::•'�'",. .•. ,.uaC"arirr'r"r'":?' ::� .�.::.e&..•..,..�,� M,Y ;�b::t:,;�.;.""�r.. '":" M:; "rr:::,;x::.,�;;r'..,.::: .,,M•r. �:...;;'";:::N::;r'!'.::ar"r'. ;�s;"ISM:r'risr"r'rrr':r':;rr'd. ;rr�rl::.;r..sv:r': xr�",!�:"r"'k:;x,•::F�'�•:;i";;';..•"";..� :..�`."':i;.'�"r. ;;. ;;;3r'dkur";:;r"r"r'� .. ':.r „ gg �, : ........... ...•...•saw:.,:::.:.:,.,:,., ,.:.a,.,::.::.,.,:::::,.,::..•.,::.:....•.,::::::::::::.t::.,::::::::::::::.u,:::..•..::::::::,.,::,.,::::,.,::::::::::::::::::::::::::::::::::::..•.,::::::::::.�.•.,::::u.:: ,.w...u,..•. ,.�.•.,. :,.......... ..,.,,....,,..,..........,,..,.....•.,::.:::,.,:::.,.,.�.•.........,., . :::ggr• � :.....xx x .,mw.w.w. •::. ........................... n�:::..,,,�.•,.•.•:yn" yaayr.,...::..,m::..,.,:..•.,::.:::..,:::....•.,..•.,::::::.r :xxxx::c:•.x:::::::::::::::wm.., k..,.m ...,1s.... ... ..........................._>:::::::..:n�:::,.:x•,W: .....,m•�,,., �:::::::�..�4�»:.:w.a.........,...rrrrr.: :.n....nr.: n.:aw,x A-1 Staff Report—Various text amendments 09/12/2018 A-2 Staff Report—Hotel/Motel/Extended Stay 10/10/2018 109 4111111,4 I I II 11 Ilk% AU/I a I1LX DEP. TMENT OF COMMUNITY DEVELk vIENT Joan Davenport, AICP, Director P 1 ctry Y4KIMA a Planning n fling Division Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning Recommendation Regarding Amendments to the City's Zoning Ordinance: Hotel, Motel and Extended Stay TO: City of Yakima Planning Commission FROM: Joseph Calhoun, Planning Manager SUBJECT: Zoning Ordinance Text Amendments— File TXT#003-18 FOR MEETING OF: October 10, 2018 I. PURPOSE AND DESCRIPTION OF PROPOSED AMENDMENTS: The City of Yakima Planning Division is proposing non-project minor amendments to the City of Yakima's Municipal Code Titles 15. The proposed amendments will define "Hotel, Motel, and Extended Stay" and identify what zoning districts the uses are allowed, and at what level of review. This amendment is the subject of a July 17, 2018 City Council Moratorium Public Hearing. At the public hearing it was moved and seconded: "That this matter be sent to the Planning Commission for research and evaluation, and that the Planning Commission make a recommendation to Council proposing definitions for the following terms: Hotel; Motel; and Extended Stay; and make recommendations regarding what zones are appropriate for those uses and at what level of review." The Planning Commission held study sessions on these proposed amendments on July 25, 2018; August 8, 2018; August 22, 2018; September 12, 2018; and September 26, 2018. Proposed Amendment Sections: After review of definitions at Planning Commission Study Sessions, the draft language for consideration is as follows: YMC § 15.02.020 — Definitions: "Hotel" means a lodging use located in a structure, or structures, where rooms are usually accessed by means of common interior hallways and where rooms are provided to transient visitors for a fee on a daily or short-term basis. For purposes of this definition 'daily or short- term" means 30 or fewer consecutive days. "Motel" means a lodging use located in a structure, or structures, where rooms are usually accessed b means of exterior corridors and where rooms are provided to transient visitors for a fee on a daily or short-term basis. For purposes of this definition, 'daily or short-term" means 30 or fewer consecutive days. "Extended Stay Hotel/Motel" means a hotel or motel that rents rooms to the public for longer stays, which are more than 30 consecutive days. This definition does not include other defined uses including, but not limited to, a boarding house or multi-family dwelling. Yakima DOC, Warm t4 INDEX 2015 1994 • 110 YMC § 15.04.030, Table 4-1 — Permitted Land Uses: SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Nlotels,.-and-_Hotels, and Extended Hotel/ otel 211111 CITY OF YAKIMA ZONING ORDINANCE 1. The City of Yakima Zoning Ordinance, YMC Title 15, does not currently define "Hotel, Motel, or Extended Stay." The use of"Motels and Hotels" has been an allowed use in several zoning districts since the inception of YMC Title 15 in 1986. 2. Motels and Hotels are currently allowed in the SCC zoning district as a Type 2 use; and in the LCC, AS, GC, CBD, and RD zoning districts as a Type 1 use. District intent statements for those zones, per YMC § 15.03.020, are as follows: H. Small Convenience Center District (SCC). The purpose and intent of the small convenience center district is to: 1. Provide areas for commercial activities outside the downtown commercial district that meet community retail shopping and service needs; and 2. Accommodate small commercial centers, generally two to five acres in size, where most of the commercial uses have located in a coordinated manner around a common parking lot and one major commercial approach driveway. Small convenience centers serve the day-to-day convenience shopping and service needs of the surrounding neighborhood and should be designed to minimize undesirable impacts of the center on the neighborhood it serves. Uses in this district should be retail or personal service establishments dealing directly with the consumer, the primary occupants usually being such uses as a supermarket, fast food restaurants and drug store. I. Large Convenience Center (LCC). The purpose and intent of the large convenience center district is to: 1. Provide areas for commercial activities outside the downtown commercial district that meet the retail shopping and service needs of the community; and 2. Accommodate commercial centers, generally five to ten acres in size, where most of the commercial uses are coordinated in a manner around a common parking lot and usually with two major commercial approach driveways. Large convenience centers serve the shopping and service needs of multiple surrounding neighborhoods and should be designed to minimize the impacts. Uses in this district should be larger retail or personal services, the primary occupants usually being such uses as multiple-tenant shopping, restaurants, office complexes, and multi mixed-uses. J. Airport Support District (AS). The purpose of the airport support district is to accommodate airport and aircraft related activities within the airport property. This district includes the Yakima Air Terminal. A variety of uses are permitted. However, the intensity of development is directly related to airport and/or aircraft related uses. K. General Commercial District (GC). The purpose of the general commercial district is to accommodate wholesale and retail activities with some high-density residential development. This district is primarily located near and along the major arterials as designated in the Yakima urban area comprehensive plan. Like the CBD district, a DOC. 2 , -,2 111 variety of land uses are permitted. However, the intensity of development is intended to be less than in the CBD district. L. Central Business District (CBD). The purpose of the central business district is to preserve the business district of the city of Yakima as the region's center of commerce, finance, government, industry, recreation, and culture. This district is characterized by very intensive development and a variety of land uses including retail sales and service establishments, high-density residential development, financial institutions, professional buildings, and government offices. M. Regional Development District (RD). The purpose of the regional development district is to provide high visibility from the interstate and state highways of the city of Yakima to provide regional commerce, office campus, recreation, large-scale retail, culture, and large multiple mixed uses. This district is characterized by very intensive development and a variety of land uses including retail sales and service establishments, high-density residential development, financial institutions, professional office buildings, hotels, condominiums, and corporation headquarters. 3. Certain uses, such as the Convention Center in the downtown core, or regional draw areas like Kiwanis Park and SOZO sports bring thousands of tourists each year to Yakima that need a hotel or motel to stay in. 4. Most of these hotel rooms are rented as a daily/short-term stay which is important to maintain in key zoning districts such as the CBD, RD, and AS zones due to their proximity to large tourist draw uses. 5. If Table 4-1, Table of Permitted Land Uses, adds "Extended Stay Hotel/Motel" to the same line as "Motels and Hotels," the level of review would be the same for both uses which could limit room availability for transient visitors if existing hotels are converted to extended stay. 6. To provide clarification between the similar but disparate uses, staff recommends the following definitions and level of review: "Hotel" means a lodging use located in a structure, or structures, where rooms are usually accessed by means of common interior hallways, and which more than 90% of the rooms are provided to transient visitors for a fee on a daily or short-term basis. For ur oses of this definition, "daily or short term" means 30 or fewer consecutive days. This definition does not include other defined uses including, but not limited to, a boarding house or multi-family dwelling. "Motel" means a lodging use located in a structure, or structures, where rooms are usually accessed by means of exterior corridors, and which more than 90% of the rooms are provided to transient visitors for a fee on a daily or short-term basis. For purposes of this definition, "daily or short term" means 30 or fewer consecutive days. This definition does not include other defined uses including, but not limited to, a boarding house or multi-family dwelling. "Extended Stay Hotel/Motel" means a hotel or motel where more than 10% of the rooms are rented to the public for longer stays, which are more than 30 consecutive days. This definition does not include other defined uses including, but not limited to, a boarding house or multi- family dwelling. DOC. 3 INDEX^ A_ 112 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD< RD M-1 M-2 Motels and Hotels 2 1 1 1 1 1 Extended Stay Hotel/Motel 2 1 2 2 3 3 III. 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. IV. ENVIRON ENTAL REVIE (SEPA' This project was processed for review under the State Environmental Policy Act as a procedural action per WAC 197-11-800(19), and a Preliminary Determination of Nonsignificance was issued on September 19, 2018 (SEPA#025-18). The DNS was retained on October 10, 2018. V. PUBLIC NOTICE Notice of Public Hearing September 19, 2018 Legal Ad Publication September 19, 2018 1. One comment was received from John Cooper, on behalf of Yakima Valley Tourism. The letter notes the importance of clearly identifying what a hotel use is and ensuring that existing lodging properties remain for their intended purpose. The keystone properties, or those that form the critical lodging mass that serve visitors, are located primarily in the downtown core and near the interstate (CBD, RD, and GC zones). The letter highlights the importance of the hotels in these districts being available for transient visitors. The letter talks about transient guests being a person passing through a place with only a brief stay or sojourn, which typically is 30 days or less in the lodging industry. Regarding extended stay, the letter notes "there is a difference between an extended stay hotel and someone staying in a hotel or motel for an extended period." Extended stay hotels are first and foremost hotels with most guests staying less than 30 days. They also cater to corporate travelers and others that need to stay longer, but also accept daily travelers. Additional information is provided from the websites of extended stay hotels. DOC. 4 113 Tourism is a vital industry to Yakima with visitors spending more than $400 million each year and employing 3,850 people. Visitors to Yakima generate $37 million in state and local taxes. The city uses lodging taxes to pay for bonds and operation of City facilities like the Convention Center and Capitol Theatre. 2. Another comment was received from Colette Keeton, on behalf of the Yakima Valley Lodging Association. The association met on September 19, 2018 to discuss the definitions and proposed the following regarding extended stay: "Extended stay hotel/motel" means a lodging use in a structure, or structure[s], where more than 10% of the rooms are provided or made available to the public for a fee for extended stays. The length of stay can be up to or exceed 30 consecutive days. Rooms designated for extended stay use may include kitchen facilities. This definition does not include other defined uses including, but not limited to, a boarding house or multi-family dwelling. VI. FINDINGS 1. In accordance with the City Council Moratorium, the Planning Commission held 5 study sessions to research and evaluate definitions for Hotel, Motel, and Extended Stay; and examine what zoning districts the uses should be allowed in, and at what level of review. 2. Motels and Hotels are currently allowed in certain zoning districts as either a Class 2 or Class • 1 permitted use. 3. The addition of definitions for Hotel, Motel, and Extended Stay Hotel/Motel will provide clarity and consistency to new applicants who propose such uses in the city limits. • 4. Adding "Extended Stay Hotel/Motel" as a higher level of review in certain zoning districts will • support maintaining room availability for transient visitors who come to Yakima for brief stays. • 5. Two comments were received that highlighted the importance of separating Hotel and Motel uses from Extended Stay. • VII. CONCLUSIONS • 1. No adverse impacts have been identified by the approval of these amendments. 2. The proposed text amendments are supported by the Yakima Comprehensive Plan 2040. VIII. RECOMMENDATION The Department of Community Development recommends APPROVAL of these text amendments as proposed in section 11.6. of this report. 5 114 SUGGESTED MOTIONS: Approval (Original YPC Proposal): Based on the testimony and evidence presented during this afternoon's public hearing, I move that the Planning Commission draft findings of fact and forward a recommendation of approval of the Planning Commission's proposal (found under section I) to the Yakima City Council. Approval (Modified Staff Proposal): Based on the testimony and evidence presented during this afternoon's public hearing, I move that the Planning Commission draft findings of fact and forward a recommendation of approval of the City Staffs proposal (found under section 11.6 abovel to the Yakima City Council. Approval with modifications: Based on the testimony and evidence presented during this afternoon's public hearing, I move that the City of Yakima Planning staff modify the draft language to include the changes noted in the minutes of this afternoon's public hearing, and with these changes move that the Planning Commission draft findings of fact and forward a recommendation of approval to the Yakima City Council. Denial: Based on the testimony and evidence presented during this afternoon's public hearing, I move that the Planning Commission reject the proposal to include findings of fact documenting the reasons for denial, and order the proposal be forwarded to the Yakima City Council with a recommendation for denial. 6 115 DEP'. _FMENT OF COMMUNITY DEVELt vIENT Joan Davenport, AICP, Director el G1 V Y"Krona Planning Division Joseph Calhoun, Manager 129 North Second Street, 2"d Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning Recommendation Regarding Amendments to the City's Zoning Ordinance TO: City of Yakima Planning Commission FROM: Joseph Calhoun, Planning Manager SUBJECT: Zoning Ordinance Text Amendments— File TXT#002-18 FOR MEETING OF: September 12, 2018 I. PURPOSE AND DESCRIPTION OF PROPOSED AMENDMENTS: The City of Yakima Planning Division is proposing non-project minor amendments to the City of Yakima's Municipal Code Titles 1, 15, and 16. The proposed amendments will modify the sign code, YMC § 15.08.045 Exemptions; Rezone criteria in YMC § 15.23.030; Accessory Dwelling Unit Standards in YMC § 15.09.045 and 15.04.030, Table 4-1; the Modification Chapter in YMC 15.17; Adding a definition and land use for Taxicab Home Occupation in YMC §§ 15.02.020 and 15.04.120; modifying the district intent statement and permitted uses in the Regional Development (RD) zoning district, YMC §§ 15.03.020 and 15.04.030, Table 4-1; and finally consolidation of Appeals from YMC Ch. 1.43 and YMC § 15.16 into YMC Ch. 16.08. The Planning Commission held study sessions on these proposed amendments on December 13, 2017; January 10, 2018; March 14, 2018; March 28, 2018; April 11, 2018; May 5, 2018; May 23, 2018; and June 27, 2018. Proposed Amendment Sections: 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: 1. YMC § 15.08.045(7) — Sign Code Exemptions a. Modifications to Flag size and Flag pole height/location. Staff Analysis: This standard provides more flexibility for an exemption under the sign chapter. For example, under the current language a homeowner in the R-1 zone could only have a 10-ft tall flag pole. 2. YMC § 15.23.030 — Rezones-Zoning map amendments a. Requiring a non-project rezone application to submit a non-binding conceptual site plan. b. Requiring that any conditions imposed on a Rezone application be incorporated into a development agreement. Staff Analysis: Changes as discussed previously from conversation related to a non-project rezone processed in 2017. The proposal is similar to other cities (Ellensburg, Wenatchee) in the requirement for a DA when conditions are placed on a Rezone. Requiring a conceptual site plan Yakima �rrremr • Ift 2015 1994 116 with a non-project rezone will provide the notified property owners a visual representation of what future development could look like, but will not be binding on the applicant. 3. YMC § 15.09.045 —Accessory Dwelling Units a. Consistency with Table 4-1 related to level of review (Class 2 in SR and R-1) b. Adding R-2 and R-3 as allowable zoning districts (Class 1 in R-2 and R-3) c. Clarifying structure type and placement d. Decreasing the minimum lot size from 0.25 acres to a lot appropriately sized for a duplex Staff Analysis:ADU's were added to the Zoning Ordinance in 2010 but have been proposed and constructed minimally due to the onerous restrictions. Currently they are only permitted in the SR and R-1 zones and only on parcels 0.25 acres or more. On occasion a customer will inquire about adding an ADU to a single family home in the R-2 zone and it isn't permitted. Proposed is to add the remaining residential zones (R-2 and R-3) and abandon the 0.25 acre requirement and instead rely on the minimum lot size to build a duplex (8,000 square-feet in SR and R-1, 7,000 square-feet in R-2 and R-3). Additionally, the restriction that an ADU can only be attached to the primary dwelling or attached to/above a detached garage has posed issues— adding the ability to build a stand-alone ADU that meets the accessory structure setbacks will provide significant flexibility over the current Ordinance. Finally, a cleanup to a conflict between the text and table— the text indicates a Class (3) where the table lists a Class (2). Since additional districts are proposed, the change is to remove indication of level of review from the text and rely on the table. 4. YMC Ch. 15.17 — Modification a. Multiple changes throughout to allow any existing use which meets the applicable criteria to go through the Modification process. Staff Analysis: These changes are proposed to allow the abbreviated Modification review process to be applicable to all previously approved uses, including Type 1. Currently, the code requires a Modification of an existing and approved Type 1 use to go through another Type 1 Review to modify the development. This is contrary the defined purpose of a Modification which means "any change or alteration to the occupancy, arrangement, placement or construction of any existing use, structure, or associated site improvement, and any change or alteration of land." 5. YMC Ch. 15.02.020 — Definitions and YMC § 15.04.120 — Home Occupations a. Adding definition for"Home occupation, taxicab operator" b. Adding Taxicab Operator to Table 4-2 Staff Analysis: These changes were proposed by a member of the public, and will provide sole- proprietor or family taxi businesses to be operated out of the home as a Home Occupation rather than out of a commercial establishment, which for many is cost prohibitive. 6. YMC § 15.03.020 — District and map overlay intent statements and YMC Table 4-1 — Permitted Land Uses 2 DOC. IND 117 a. Adding "light manufacturing, processing, research" to the Regional Development (RD) district intent statement. b. Adding certain uses and modifying the level of review of certain uses in the RD zone. Staff Analysis: These changes are proposed to provide for additional light manufacturing uses in the RD zoning district. This district contains several large tracts (Mill Site, Speedway) that could benefit from a greater number of potential uses above and beyond what is currently allowed in RD. 7. Various sections—Appeals a. Revised definition of"Party of Record" in YMC § 15.02.020 b. All appeal language is being consolidated to YMC Ch. 16.08. Modified sections include: i. YMC Ch. 1.43— Hearing Examiner ii. YMC Ch. 15.16—Appeals iii. YMC Ch. 16.08—Appeals Staff Analysis: These changes are proposed to consolidate all Appeal procedures into one place (YMC Ch. 16.08 Appeals). Currently, there is language in YMC Ch. 1.43, YMC Ch. 15.16, and YMC Ch. 16.08. These changes provide consistency throughout all Titles as all appeals now would be processed under YMC Ch. 16.08. This also streamlines any future text amendments related to appeals as only YMC Ch. 16.08 would need to be amended. II. 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 2.3.1(A): Accessory Dwelling Units (ADU). Allow for attached and detached ADU's in all residential districts provided size, design, and other provisions are included to promote compatibility with surrounding uses. Additional considerations may include: • Reduce the minimum lot size for lots qualifying for an ADU. • Allow free-standing ADU's provided lots retain useable open space and units minimize privacy impacts to adjacent properties. • Provide an owner occupancy requirement (owner must live in primary home or ADU). 3 118 Policy 2.3.3(H): Allow home occupations that would not generate excessive traffic, create parking problems, or degrade the livability or appearance of the neighborhood. Policy 2.5.6(B): Cascade Mill redevelopment— Promote coordinated development that integrates a mixture of uses, and the following land use design principles • Promote and incentivize large-scale industrial park, business park, light manufacturing or other economic development that integrates with planned retail and recreation uses. Goal 5.1: Encourage diverse and affordable housing choices. Policy 5.1.6: Allow accessory dwelling units in single family zones to increase the supply of affordable housing units to help existing homeowners remain in their homes. III. ENVIRONMENTAL REVIE (SEPA) This project was processed for review under the State Environmental Policy Act as a procedural action per WAC 197-11-800(19), and a Preliminary Determination of Nonsignificance was issued on July 20, 2018 (SEPA#020-18). The DNS was retained on August 10, 2018. IV. PUBLIC NOTICE Notice of Public Hearing July 20, 2018 Legal Ad Publication July 20, 2018 No written comments were submitted prior to the public hearing. V. CONCLUSIONS 1. No adverse impacts have been identified by the approval of these amendments. 2. The proposed text amendments are supported by the Yakima Comprehensive Plan 2040. VI. RECOMMENDATION The Department of Community Development recommends APPROVAL of these text amendments. 4 119 SUGGESTED MOTIONS: Approval: Based on the testimony and evidence presented during this afternoon's public hearing, I move that the Planning Commission draft findings of fact and forward a recommendation of approval to the Yakima City Council. Approval with modifications: Based on the testimony and evidence presented during this afternoon's public hearing, I move that the City of Yakima Planning staff modify the draft language to include the changes noted in the minutes of this afternoon's public hearing, and with these changes move that the Planning Commission draft findings of fact and forward a recommendation of approval to the Yakima City Council. Denial: Based on the testimony and evidence presented during this afternoon's public hearing, I move that the Planning Commission reject the proposal to include findings of fact documenting the reasons for denial, and order the proposal be forwarded to the Yakima City Council with a recommendation for denial. 5 ' 120 Exhibit"A" City mf Yakima Planning Division 2018 Text Amendments 1. Sign Code 15.08'045Exemnotionm' The following signs are exempt from the permitting requirements of this chapter: 7. Flags.Any Oago'- to the fo||mwinn standards: e, Residential zoning districts are allowed one naqnn}o.pmr street frontage, b, No more than,two Ouos may be flown unaninnl,e flag Pole. c The maximum flao oole heiiaht shall be the maximum structure heigh!.gf�theund�erlin _zonin ' district pe,YMC 115.05.030, Table5'1. d� p|an poles shall meet oop|icabeuetbeck standards for accoaoomstructures, a. The maximum square footage ofn flag shall baasfollows: i Pole height nf2U'hnegor less:4'x6' ii Pole heiqhtqreoVarthan 20'haotbm30'feat: 5'x8' iv, Upon application,flag size may ba increased proportionate to the maximum pole heiOtosa Modification (YMC § 15'17). 2' Reoome 15.23.Q30 Rezones—Zoning map amendments. � _ B. Application.All rezone applications shall be filed with the planning division.The planning division shall process the application under the provisions of YMC 1511.070 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. Non-project Rezone applications shall also include anon-bindinq conceptual siteplan to show potential future,use of theproperly. might have on uses or prqpertv in the immediate vicinity.Anyconditions imposed bv the,city shall be pp�pcedures set forth\nRCW3G,7OB.17Dthrough 3' ADKJ's 15.09.045 Accessory,dwell ing_units. _ _ B. Requirements.An accessory dwelling unit iva permitted Class (3)-uu districts (See Y'MC § 15.04.030,Table 4-1), secondary to the primary use of a detached single-family dwelling, subject bz all uf the following conditions: 1. The accessory dwelling unit may be attached to the primary residence or attached to or above a detached garage, or,bm��.ow�.stmnd..-ml.o.n�.strg.ctun�" ������ =���~w" U����Q��� ."�w�o��� 121 6. The-An ADU attached to the prima structure shall have the same building setbacks as the primary structure.An ADU that is attached to or built above,a detached parade or a stand-alone structure shall have the same riUuona setbacks as an accessory structure. 9. ADUs shall only be permitted on parcels/lots one firanikesized appropriately for a duplex per 21VIC 5 15,05.030,Table 5-2. 10. The primary residence and the ADU shall both be connected to public sewer and water, a. If the ADU is attached to the primary dwelling unit, the two dwelling units shall share a single sewer and water connection. b. If the ADU is attached to, or located above, a detached garage, or is a stand-alone structure, each unit shall have its own sewer and water connection,with required meters. 15.04.030, Table 4-1. Permitted Land Uses - I SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Accessory Dwelling Unit(*)(See YMC 15.05045) 2 2 1 1 4. Modification Chapter 15.17 MODIFICATIONS TO EXISTING OR APPROVED USES OR DEVELOPMENT* Sections: 15.17.010 Purpose. 15.17.020 Modification to permitted development and uses regulated, 15.17.030 Exemptions. 15 17.040 Review of modifications. 15.17.050 Appeals. * Prior legislation: Ords.3106, 93-81 and 95-13. 15.17.010 Purpose. This chapter establishes provisions for the review of proposed modifications to existing or approved Class(2) Gic-(3)-uses. it 122 15.17.020 Modification to permitted development and uses regulated. � i nor changes tm existing o/approved Class (1), (2)orCB _ uses or development may qualify for abbreviated review under the provisions in this chapter, if they meet the criteria listed be| Overlay districts shall not increase the level of review for the provisions of this chapter. Modifications not meeting the criteria » below must apply directly for review aa a Class(1)^(2)or(3)use ordevelopment. � | A. The modification will not increase residential density that would require an addilionei,level of review; �� ~� B. The modification will not increase the amount of parking by more than ten percent or twenty spaces (whichever is least), except that the amount of parking for controlled atmosphere and cold storage warehouses may be increased by up to twenty spaces.This limit shall be calculated cumulatively for all previous modifications since the last normal review; C. Any expansion of use area or structure will not exceed fifty percent of the gross floor area.This limit shall be calculated cumulatively for all previous modifications since the last normal review; D. The modification will not increase the height of any structure; E. This limit shall be calculated cumulatively for all previous modifications since the last normal review; F. The modification will not add sdhxe'hm facility; and G. The modification does not include hazardous materials. 15.17.030 Exemptions, For exemptions from the review processes, see YK8C ). 15.17.040 Review ofmodifications. A. Submittals.Applications for modification shall follow the submittal requirements for Type (1) review. In � � addition, use mr development,the applicant shall submit both the site plan previously approved by the reviewing official and m new site plan showing the|noahnn, size, and type of modification proposed by the applicant. B. Review. Applications for modifications may be administratively and summarily reviewed using the Type(1) review process, in addition to the following criteria: 1. Any proposed change in the site design orarrangement: ` 123 � a. Will not change or modify any special condition previously imposed under Class (1), (2)or(3) review; b. Will not adversely reduce the amount of existing landscaping or the amount or location of required oitescreening; and o. In the determination of the planning division, it will not create or materially increase any adverse impacts or undesirable effects of the project. 2. All proposed new structures, site improvements, or structural alterations to existing structures or site improvements comply with the development standards ofY[NC Chapters 15O5 through 15O8. except es approved under the adjustment or variance provisions. C. Decision and Notification of Decision.The planning division shall issue a written decision on the modification application using the Type (1)decision process. In addition, any proposed modification that does not meet all the requirements of this section shall be denied.The division shall mail its decision to the applicant. Uses or developments denied under this chapter may submit applications for review under the normal review provisions for the use. (Ond. 2O18-O2A§ 1 <Exh.A0 (port). 2O18: Ord. 2DO8-4G§ 1 (panU. 2UV8). Decisions by the planning division regarding approval or denial of administrative modifications may be appealed aa prescribed by the applicable review. 5- Taxicab Home Occupation Definitions15.02.020 for a Taxicab ~ � "Home occuDation taxicab erator' means the access use of a dwellin as an administrative office ^ use shall be limited to a maximum of two vehicles' operated by immediate family members who reside i,n the home. Table 4'2.Table of Permitted Home Occupations Zoning District � � SIR R-1| R-2 R-3 B-1 �Accountant 124 Table 4-2.Table of Permitted Home Occupations Zoning District 0R R-1 R-2 R-3 B-1 ` Architect 1 1 1 1 � . . Artist, author,arts and crafts 1 1 . 1 1 Attorney 1 1 1 1 � Barbershop, beauty parlor 2 2 2 2 � Bed and breakfast* 1 2 1 1 ' Business administration 1 1 . 1 1 Cabinet,mill work,carpentry work ` 2 . , . 2 Catering service 2 2 2 2 2 Ceramics and sculpting 2 2 2 2 Composer 1 1 1 . 1 Day care,family home* 1 1 1 1 1 - � Dentist 1 2 2 2 Dog grooming 2 3 3 3 3 Dressmaker, seamstress,tailor 1 1 1 1 ' Engineer 1 1 1 1 ^ Food preparation* 1 2 . 1 1 1 Home contractor* 1 1 1 2 1 Home instruction* 1--5studentu 1 1 1 l 1 � 6-8 students2 2 2 . 2 2 ' Insurance agent 1 1 1 1 Locksmith 1 2 2 1 1 Photographer(not including productions studio) 1 2 2 2 Physician 1 2 2 2 ������ °�����" INDEX �� 0_1 1 25 Table 4-2.Table of Permitted Home Occupations Zoning District SR R-1 R-2 R-3 B-1 Product assemblage* 1 2 2 2 1 Massage therapy/spa* 1 1 1 1 1 Music teacher 1 1 1 1 Production of small articles by hand without the use of automated or production line 1 2 2 2 equipment Radio,television and small appliance repair 2 2 2 2 Real estate agent 1 1 1 1 Secretarial, phone answering, desktop publishing service* 1 1 1 1 Small engine repair 2 Taxicab Operator* 1 1 1 2 1„„, Wedding service 2 2 2 2 2 Unclassified home occupation See YMC 15,04.120(G) 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 x =- Not Permitted 6. Regional Development Zoning District 15.03.020 District and map overlay intent statements. 1. 4 126 M. Regional Development District (RD). The purpose of the regional development district is to provide high visibility from the interstate and state highways of the city of Yakima to provide regional commerce, office campus, recreation, large-scale retail, culture, light manufacturing, processing, research, and large multiple mixed uses,_. This district is characterized by very intensive development and a variety of land uses including retail sales and service establishments, high-density residential development, financial institutions, professional office buildings, hotels, condominiums, and corporation headquarters. Table 4-1.Permitted Land Uses SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 AGRICULTURAL(COMMERCIAL) Agriculture,Horticulture.,General Farming 1 1 1 (not feedlots or stockyards)(*) _ - Agricultural Building(*) 1 I 1 I Agricultural Chemical Sales/Storage I 1 1 Agricultural Market(*) 1 I I I 1 1 1 1 Agricultural Stand(*) I I Agricultural Related Industries(*) 2 I 1 1 Animal Husbandry(See YMC 15.09.070) I 2 I 1 (*) Concentrated Feeding Operation(*) 3 Floriculture,Aquaculture i I I Fruit Bin Sales/Storage 3 2 1 I Marijuana Production(**) 1 I _ Winery and Brewery—Basic(*) 3 3 I 2 Resort/Destination w/on-site agricultural 2 3 3 3 3 3 3 production(*) 'Resort/Destination(*) 2 3 3 1 I 1 3 Retail(*) 1 I I 1 1 I 2 AMUSEMENT AND RECREATION Aquatic Center 3 3 3 I 2 Amusement Park(Permanent)(*) : 3 3 3 1 3 Bowling Alleys 2 2 2 I 1 2 3 • Campground(*) 3 2 Children's Outdoor Recreation Center* 2 2 (More than 500 U.from abutting residential and not containing a go-cart track) Children's Outdoor Recreation Center* 3 2 (Less than 500 ft.from abutting residential and/or containing a go-cart track) . , Drive-In Theatres 3 2 '2 2 DOC. INDEX 127 SR R-I R-2 R-3 B-I B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Exercise Facilities 2 I I 1 1 2 I l I 2 I lorsc Racing Tracks,Speedways 3 3 Game Rooms,Card Rooms,Electronic 3 2 1 2 2 2 Game Rooms(*) Golf Courses,Clubhouses,Golf Driving 3 3 3 3 2 Ranges Miniature Golf Courses 3 3 1 1 I 1 Movie Theatres,Auditoriums,Exhibition 3 1 1 I 1 Halls Parks(*) 2 2 2 2 2 2 2 2 2 2 2 1 2 2 Roller Skating or Ice Skating Kink 2 2 I 1 2 Sports Facility(indoor) 2 2 1 2 1 2 , Social Card Rooms(See YMC 15,09.090) 3 3 3 3 (*) Slate Fair Park (See YMC 15.04.200) COMMUNITY SERVICES Cemetery/Crematorium with Funeral Home 3 3 3 3 3 3 Funeral Home not associated with 3 2 2 2 1 I I 2 2 Cemetery/Crematorium Churches,Synagogues,and Temples(*) 2 2 2 2 2 2 2 2 I 1 2 2 Community Center(*)Meeting Halls, 2 2 2 2 2 2 2 2 2 1 , I 2 Fraternal Organizations Community Gardens(')(if aeeessory to an I I 1 I I 1 l 1 1 1 1 1 1 1 I approved principal use)(See YMC 15.04.060(G)) Community Gardens(*)(with planting area 1 1 1 1 1 1 I 1 1 1 1 ol'one-quarter acre or less) Community Gardens(*)(with planting area 2 2 2 2 2 2 2 2 2 1 2 2 of more than one-quarter and up to one-half acre) Community Gardens(*)(with planting area 2 2 2 2 2 2 2 2 2 2 2 2 of more than one-half acre up to one acre) Day Care Facilities(not home occupation). 1 2 2 2 2 2 2 2 I 1 1 Family In-Home(*) Day Care Center(*) 2 2 2 2 I 1 2 1 1 1 l 2 1 Public Facility(*) 3 3 3 3 2 2 2 2 1 1 1 I I l Hospital(*)Outside Institutional Overlay 3 3 3 3 3 3 3 3 Correctional Facilities 3 3 3 3 3 3 Libraries 3 3 3 2 1 2 I I 1 1 1 I Museums,Art Galleries 3 3 2 1 2 1 1 1 1 ' 1 1 I Schools Elementary and Middle 3 3 3 3 3 3 I 3 DOC. INDEX # -1 128 SR R-1 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-2 Senior high School 3 3 3 3 3 3 3 3 Business Schools(*) 3 3 3 3 3 3 2 2 1 1 1 2 2 Community College/University—Inside (See YMC Chapter 15 31) Institutional Overlay Community College/University—Outside 3 3 3 3 3 2 2 2 2 3 2 3 2 2 Institutional Overlay Vocational Schools(*) 3 3 3 3 3 2 2 2 1 1 1 2 3 Wastewater Spraytield(*) 3 3 3 Zoo(*) 3 3 3 3 3 HEALTH AND SOCIAL SERVICE FACILITY Group Homes(six or fewer),Adult Family 111111 1 I Home(*) Treatment Centers for Drug and Alcohol 3 3 3 3 3 3 3 3 Rehabilitation Roarding House(*) 3 3 3 3 3 1 2 Halfway House(*) 2 3 3 Group Homes(more than six),Convalescent 3 2 2 2 3 3 and Nursing Homes(*) Mission(*)(with Type(3)review,and 2 2 2 development agreement—sce definition) MANUFACTURING Agricultural Product Support 2 2 2 1 I Aircraft Parts 1 2 1 I • Apparel and Accessories 3 2 2 1 1 Bakery Products(wholesale) 2 2 2 2 2 I 1 Beverage Industry(*) 1 2 2 2 1 1 Canning,Pretkrving and Packaging Fruits, 1 1 Vegetables,and Other roods Cement and Concrete Plants 3 I Chemicals(Industrial,Agricultural,Wood, 3 I etc.) Concrete,Gypsum and Plaster Products 2 1 1 Confectionery and Related Products 2 2 2 1 1 2 1 1 t‘vholeSale) Cutlery,Hand Tools and General Hardware 1. 3 I 1. Drugs l 2 2 1 1 Electrical Transmission and Distribution I 2 3 I I Equipment Electronic Components and Accessories and I 2 2 3 I I Product Assembly DOC. INDEX 129 - - SR R-1 R-2 R-3 B-1 B-2 11B SCC 1.CC AS GC CBD RD M-1 M-2 Engineering,Medical,Optical,Dental, I 2 I I Scientific Instruments and Product Assembly Fabricated Structural Metal Products 2 3 3 1 1 Food Processing 2 3 I . 1 Furniture 2 3 2 1 1 Glass,Pottery,and Related Products and 2 2 2 1 1 Assembly Grain Mill Products 3 1 1 Heating Apparatus Wood Stoves I I Leather Products 3 1 1 I Leather Tanning and Finishing 1 1 Machinery and Equipment I 2 I I Marijuana Processing(**) 1 I • Marijuana Research(**) 1 I Meat,Poultry and Dairy Products 1 1 Paints,Varnishes,Lacquers,Enamels and 1 3 1 Allied Products Paperboard Containers and Boxes 1 3 1 1 Plastic Products and Assembly 1 2 I 1 Prefabricated Structural Wood Products and 1 1 1 Containers Printing,Publishing and Binding I 3 2 1 1 Printing Trade(service industries) 2 2 2 1 1 2 1 Recycling Processing Center(*) 3 I Rendering Plants,Slaughter Houses 3 r Rubber Products 1 2 I Sign Manufacturing and Product Assembly 2 1 I I I (*) Sawmills and Planing Mills 2 1 Sheet Metal and Welding Shops 2 1 1 • Stone Products(includes finishing of 2 1 2 2 3 1 I monuments for retail sale) Transportation Equipment,Including -2 I I Trailers and Campers Woodworking:Cabinets,Shelves,etc. 3 I 2 2 1 1 MINING/REFINING/OFF-SITE HAZARDOUS WASTE TREATMENT Asphalt Paving and Roofing Materials,Rock 3 3 I Crushing DOC. INDEX #. - 1 130 SR R-1 R-2 R-3 B-1 B-2 [IB SCC LCC . AS GC CBD RD M-i M-2 Mining including Sand and Gravel Pits(*) 3 3 3 Stockpiling of Earthen Materials(*) 2 2 2 2 1 I l l 1 1 I I 1 1 Off-Site Hazardous Waste Treatment and 3 3 Storage Facilities(*) RESIDENTIAL Accessory Uses(*) See YMC 15 04.060 Detached Single-Family Dwelling(*) 1 1 1 I 3 3 1 3 3 3 3 Accessory Dwelling Unit(*)(See YMC 2 2 15.09.045) Existing or New Detached Single-Family 1 I : 1 Dwelling on Existing Lots of 8,000 Square Feet or Less Detached Single-Family Dwelling(zero lot 2 2 2 2 3 3 1 3 3 3 3 line)(*)(See YMC 15.09.040) Attached Single-Family Dwelling,Common 2 2 . 1 1 3 3 1 2 2 2 2 Wall(*) Two-Family Dwelling(Duplex)(*) 3 3 I I 2 2 1 2 2 2 2 Converted Dwelling(*) 3 3 2 2 2 2 2 2 2 2 l Multifamily Dwelling(*):0-7 DU/NRA 2 I 2 2 2 2 2 2 2 8-12 DU/NRA 2 1 2 2 2 2 2 2 2 13+DU/NRA 3 1 2 2 2 2 2 2 2 Mixed-Use Building 1 1 1 1 1 l l Planned Development(*) See YMC 15.28 Mobile Home Parks(*) 2 2 2 I I Mobile Home(*)or Manufactured Homes See YMC 15.04,160 (*) Retirement Homes(*) 2 3 1 3 l 1 Temporary hardship Units(See YMC 2 2 2 2 2 2 2 2 2 2 2 15.04.140) RETAIL TRADE,AND SERVICE Adult Business Uses See YMC 15.09.200 Animal Clinic/Hospital/Veterinarian(*) 3 2 2 2 1 2 1 1 ' 1 Auction House fur Goods(*) 3 2 2 2 I 1 2 I I Auction House for Livestock(*) 3 2 2 Automotive Automotive Dealer New and Used Sales 2 2 2 I 3 1 Weekend Automobile and Recreational 1 1 Vehicle(RV)Sales Automotive:Car Wash/Detailing 2 1 I I I I 2 DOC. INDEX 1 31 SR R-1 R-2 R-3 B-1 B-2 11B SCC LCC AS GC CBD RD M-1 M-2 Parking Lots and Garages 2 I I 1 I I 1 I . 1 _ . Maintenance and Repair Shops 2 I I 2 I 2 1 2 Paint and Body Repair Shops 2 2 1 1 2 Parts and Accessories(tires,batteries,etc.) 2 I 1 I l 2 I 2 Towing Services 1 3 I 1 Wrecking and Dismantling Yard(*)and 3 Hulk Haulers(*) Bail Bonds 1 1 1 Beauty and Barber Shops 2 I 2 1 1 1 1 I I 2 • Bed and Breakfast Inn(*) 2 2 2 2 2 2 1 Boats and Marine Accessories 2 2 1 1 I I Butcher Shop 1 1 1 1 2 2 I , Commercial Services(*) 2 I 2 I 1 1 1 1 2 Communication Towers(*) (See YMC Chapter 15.29) Convenience Store—Closed 10.00 p.m.to I 2 1 1 I I I 1 2 6.00 a m, Convenience Store—Open 10.00 p.m.to 2 2 2 1 I 2 1 2 6..00 a.m - „ Pet Day Care/Animal Training(*) 2 1 1 1 2 I I 2 Farm and Implements,Tools and Heavy I 2 3 1 I Construction Equipment Farm Supplies 2 2 I I 2 I Financial Institutions 1 1 111111 Fuel Oil and Coal Distributors 1 2 1 1 Furniture,Home Furnishings,Appliances I 111111 General Hardware,Garden Equipment,and 211111111 Supplies General Retail Sales 12,000 sq.tt.or less 2 1 1111113 (not otherwise regulated)(*) General Retail Sales greater than 12,000 sq. 2 1111113 ft.(not otherwise regulated)(*) I(eating and Plumbing and Electrical 2 211111 Equipment Stores Heavy Equipment Storage,Maintenance and 1 1 I Repair Kennels(*) 2 2 2 Laundries,Laundromats and Dry Cleaning 2211112 1 Plants Liquor Stores 2 2 I 1 1 I Locksmiths and Gunsmiths I 2 I 1 1 1 1 2 DOC. INDEX 132 SR R-1 R-2 R-3 B-1 B-2 FIB SCC LCC AS GC CBD RD NI-1 M-2 Lumber Yards 2 1 1 I 1 Marijuana Retail(**) 1 I 1 1 1 I Massage Therapy/Spa(*) 111111111 Mobile Vendor See YMC Ch,5.57 Motels and Hotels 211111 Night Clubs/Dance Establishments 2 I 1 1 1 1 Nursery(*) 2 1 I I I 1 1 I Offices and Clinics 3 1 1 1111112 . Office Contractor Building and Trade 3 I I 1 I I 1 I I 1 (Plumbing,Heating,Electrical,and Painting) Outdoor Advertising(Billboards) Sec YMC 15,08 130 Pawn Broker 2 1 1 1 2 1 Radio/TV Studio 3 2 2 I I 1 I 2 Recycling Drop-Off Center(*) 1 2 2 1 I I 1 Rental:Auto,Truck,'fruiter,Fleet Leasing 3 2 1 2 I 2 2 I 2 Services with Storage Rental:heavy Equipment(except 1 1 automotive)with Storage Rental:Heavy Equipment(except I 2 3 2 automotive)without Storage Repairs:Small Appliances,TVs,Business 121111211 Machines,Watches,etc. Repairs:Reupholstery and Furniture 1 1111111 Repairs:Small Engine and Garden 2 2 2 I I I 2 1 Equipment Restaurant(S) 2 1 1111111 , Seamstress,Tailor 11111 . 111 Service Station(*)Closed Between 10:00 2 I I I 1 I 1 1 p.m.and 6:00 a.m.(*) Service Station(*)Open Between 10:00 3 2 2 1 1 2 I 2 p.m.and 6:00 a.m.(*) Shooting Ranges(indoor) 3 3 3 3 1 Signs,Printed,Painted or Carved 2 2 1 I 2 1 1 Taverns(*)and Bars I 2 I I I 11 1 1 Technical Equipment Sales(*) 2121111111 Truck Service Stations and Shops 3 2 I Truck(Large),Manufactured Home and 1 3 I Travel"trailer Sates Waste Material Processing and Junk 3 1 Handling(5) DOC. INDEX 133 SR R-I R-2 R-3 B-I B-2 BB SCC FCC AS GC CBD, RD M-1 ,114-2 TRANSPORTATION • Bus Terminals II I 111111 Bus Storage and Maintenance Facilities I I Transportation Brokerage(*)Offices,with 2 2 1 1 Truck Parking Contract Truck Hauling,Rental of Trucks 1. 1 1 with Drivers Air,Rail,Truck Terminals(for short-term 1 2 1 1 storage,office,etc.) .•' Railroad Switch Yards,Maintenance and 1 I Repair Facilities,etc. Taxicab Terminals,Maintenance and 3 3 1 Dispatching Centers,etc. Airport Landing Field 1 Airport Operations(*) 1 UTILITIES Power Generating Facilities 3 2 1 Utility Services(substations,etc.) 3 3 3 3 3 3 3 3 3 1 1 WHOLESALE TRADE—STORAGE Warehouses(*) - 3 I 2 2 I 1 Wholesale Trade(*) 21 , 12111 Storage Facilities,Bulk(*) I 2 1 1 Storage Facilities Commercial(*) 3 1 2 , 3 1 1 Residential Mini-Storage(*) 3 3 1 2 3 1 I * Refers to a definition in YMC Chapter I 5,02. ** See YMC 15.09.220 for general development requirements for marijuana uses, Not Permitted 1 =Class(1)Permitted Use 2 =Class(2)Requires an Administrative Review by the Administrative Official 3 =Class(3)Requires a Public Hearing by the Hearing lixaminer Doc. INDEX 134 7. Appeals 15.02.020 Definitions -LParty-of- be-applioant-and-any-othef-person-who-has ited-written tafedoseol-aoti o hos appeaFed-at-a-p4.41.id-heapi-9-or--p4blid mee n--effioial er-r-eq-kiesting-n nT. "Party of Record" means: (1) the applicant; (2) the property tax payer for the subject property as identified by the records available from the Yakima County assessor's office; (3) the legal owner of the sub'ect ro e 4 an erson who testified at the o en record ublic hearin on the application; and/or (5) any person who submitted written comments during administrative review (within the required timeframe) or has submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or form letters). DOC. INDEX 135 Chapter 1.43 HEARING EXAMINER � Sections: 1�3.010 Office established. � 1.43.020 Appointment. 1.43.030 Qualifications. 1.43.040 Removal. 1.43.050 Standards ofconduct. 1.43.060 Rules. 1.43.070 Time computation. 1�3.080 Duties and powers. 1.43.090 Applications. 1.43.100 Master applications. 1.43.110 Report mfdepartment. 1.43.120 Examiner's decision. 1.43.130 Notice of examiner's decision. 1.43.140 Appeal from examiner's decision. 1.43.150 Effect mfappeal. 1.43.180 Council action onappeals. 1.43.170 Appeal of decisions made bycouncil. 1.43.180 Annual report. 1.43'010 Office established, There |o established an office ofhearing examiner. The office of examiner shall be under the administrative supervision of the examiner and shall be separate from and not an administrative part of the department of community and economic development. Unless the context requires otherwise, the term "examiner" as used herein shall include deputy examiners and examiners pnztem. ((]rd. 2948 § 1 (pod). 1986). 1'43'020 Appointment. The hearing examiner and any deputy examiners shall be appointed by the city council after consideration of the recommendation of the joint hearing examiner committee created by and pursuant to the "Intergovernmental Agreement for the Mutual Use of Hearing Examiner Services" entered into by and between the city of Yakima and Yakima County, Washington. Such examiner shall serve an indefinite term of office which shall, however, be reviewed one year following the date of original appointment and thereafter every four years. The council may also appoint examiners pro tem to serve in the event of absence or inability to act of the examiner and deputy examiners. (C>rd. 2B48Q1 (port). 1888). 1'43.030 Qualifications. Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative orquasi-judicial hearings on regulatory enactments and to discharge the other functions ��_ �� _ ����~ ~ 136 conferred upon them. Examiners ehmU hold no other elective or appointive office or position with the city of Yakima or the county of Yakima. ((]rd. 2B48 § 1 (paMb. 1Q8G). 1'43.040 Removal. An examiner may be removed from office for cause bxa majority voteofUlecitvcounoi| mftmr consideration of recommendation as to nennovo| or nonnannoxo|fronn the joint hearing examiner committee. (Ord. 2948 § 1 (part), 1986). 1'43.050 Standards ofconduct. � (n) No person, including city or officials, elective or a�a|| attempt to � ' . influence an examiner in any matter pending before him, except at public hearing duly called for such purpose, orto interfere with an examiner inthe performance of his duties in any other way; provided, that an official or employee of the city of Yakima or Yakima County may, in the performance of his official duties provide information to the examiner when the action is disclosed at the hearing or meeting; nor, shall this section prohibit rendering of legal services to the examiner orto the council. (b) No examiner shall conduct or participate in any hearing or decision in which the examiner shall have a direct orindirect financial or personal interest orin which such conduct or participation shall violate any rule of law applicable thereto. (C)rd. 2948 § 1 /9arU. 1986). 1.43'060 Rules. The examiner shall implement procedural rules for the conduct of hearings and other procedural matters related to the duties of his office in accordance with RCVV36.70.97O. (Ord. 2948 § 1 (part). 1S8O). 1'43.070 Time computation. |n computing any period of time prescribed bv this chapter, the day of the act from which the designated period mf time begins to run shall not be included. The last day mf the period oo omnnpuhyd shall be included, unless |t |eeSaturday, Sundmy, oro city legal ho|idoy, in which event the period runs untilthe end of the next day which |a neither a Saturday, Sunday, oracity legal holiday. ([)rd. 2948 § 1 (part). 1988). 1.43'080 Duties and powers. The examiner shall hear, make a record of, and decide matters provided in this chapter or by other ordinances, including but not limited to the following land use matters: A. Matters prescribed by the Yakima urban area zoning ordinance, Title 15 of this code. Decisions of the examiner on such matters shall have the legal effect as set forth in the provisions of said ordinance; B. Review ofpreliminary plats and modifications thereto using the procedures and provisions for review by the planning omnnnn|soion as set forth in RCVV Chapter 58.17 and the city of Yakima subdivision ordinance, Title 14 of this code. The decisions of the examiner on such matters shall constitute recommendations tothe city council; ������ 137 C. Preliminary plat extension requests pursuant to RCW 58.17.140 and city of Yakima subdivision ordinance, Title 14of this code. Decisions of the examiner on such matters shall | constitute final decisions unless appealed to the council pursuant tothe provisions ofthio ohapterTitle 16_of the Yakima Municipal Code; O. Plat vacations or amendments pursuant toRCVV Chapter 50.11. 58.12. or58.17. Omoaiono cf the examiner on such matters shall constitute final decisions unlessappealed b»theomunoi| [ under the provisions of this chepteM]t|e16 of the Yakima Municipal e; E. Pedestrian skybridge applications in the manner set forth in YMC 11.65.040(F) and pedestrian akybridge permit violations ao set out |nYyWC11.65.U7D; F. The examiner may conduct hearings required pursuant to RCW Chapter 43.21C, State � Environmental Policy Act(SEPA), and Chapter 6.88 YMC at the request of the city responsible official charged with responsibility for holding such a hearing; ppmvided, that the substantive SEPA decision and the decision on the associated action shall be made by the responsible official; � � G. The examiner may, at the request of the city shoreline administrator, receive and examine available information, conduct public hearings and prepare records and reports thereof, and issue recommendations to the council based upon findings and conclusions on applications for shoreline substantial development permits and conditional use permits; H. Conduct public hearings on petitions and resolutions tovacate streets and public r|ghte-of- waypurouonttoRCVVChmpter35.7S. Deoiaioneoftheewonnineronauchnnmttenooho|| constitute o recommendation to the city council. The provisions of this section designating and assigning to the hearing examiner the duties and functions listed above shall supersede any and all conflicting provisions of the municipal code of the city nfYakima. (Ord. 2016-028 § 2. 2016; Ord. 2013-033 § 1 (Exh. A). 2013: Ord. 93-91 § 1. 1993: Ord. 3257 § 1, 1890: Ord. 3224 § 1, 1989: Ord. 2848 § 1 (part), 1986\. 1.43.090 Applications. Applications for permits or approvals subject to review bythe examiner shall be made to the city department of community and economic development(hereinafter referred to as the "department"). The department shall accept such applications only if applicable filing requirements are met. The department, in coordination with the hearing examiner, shall be responsible for assigning a date for and assuring due notice of public hearing for each app|ioetion, which dote and notice shall be in accordance with the statute mrordinance governing the application. (Ord. 2948 § 1 (part). 1886). 1.43'100 Master applications. Any persons proposing e development or project vvhiohrmquineomorathmnonemfthepernnitnor approvals listed in Section 1.43.080 of this chapter may submit a master application to the department on forms furnished by the department containing all necessary information. The master application shall thereafter be processed by the examiner subject to the longest time limitations applicable to any of the required permits for approval. If any of the required approvals constitute o recommendation to the legislative body, the decision mfthe examiner tn all such permits shall constitute a recommendation to the legislative body, otherwise the decision of the examiner shall be finalaubioct toan appeal to the legislative body pursuant to this chapter,Title 15 and Title ^ 16 -^-C` (Dnd 2840 § 1 (part), 1986). ���� ���~�. INDEX 138 1.43.110 Report of department. VVhen* no specific provision for a report of the department is contained in the statute or ordinance governing the application, the department may coordinate and assemble the reviews of other county/city departments, other state or local governmental agencies and franchised public utilities having an interest in the subject application and prepare a report summarizing the factors involved and the department's findings and recommendations. At least seven calendar days prior to the scheduled hearing the report shall be filed with the examiner and copies thereof shall be mailed to the applicant and made available for public inspection. Copies thereof mhe|| be provided tointerested parties upon request. (Ord. 2948 § 1 (port). 1986\. 1.43.120 Examiner's decision. Within ten working days of the conclusion of a hearing, unless longer period is agreed to in writing by the applicant, the examiner shall render a written decision which shall include findings and conclusions based on the record. Except as provided in YMC 1.43.080 and 1.43.100 and the decision of the examiner shall be final and conclusive on the fifteenth day after the date of the decision unless a notice of appeal to the Yakima city council is filed pursuant to Y&1[: 1.43.140. The examiner's decisions together with his findings, oonc|uoions, and naoond of proceedings shall be filed with the department of community and economic development. If the effect of the decision is a recommendation to the legislative body, the original thereof shall be transmitted tVthe legislative body (Ord. 2948 § 1 (part), 1988). 1.40.130 Notice of examiner's decision. Unless different procedures are prescribed by the ordinance or statute governing the application, the department shall mail copies of the examiner's decision by certified mail to the applicant and by regular mail to other parties of record not later than three working days | following the filing ofgwritten decision by the examiner. For purposes of this chapter, "Party of Record" means: (1) the applicant: (2) the property tax paver for the subject property osidendfieg"by the records available from the Yakima County assessor's office: (3) the legal owner of the subject property: (4)any person who testified at the open record pubOchoarinQon the appUcstion� and/or (5) any person who oubn`i�mdwri�mn corn[nentsdur\ng administrative review (within the required \irnefnarne) or has submitted written comments concerning the application at the open record public hearing (exciudinq persons who have only aiqned petitions ur form |ettera). _ the applicant ena-*U-eAhmffef6ens-w+o, 4ave-eithee�bf;#ted-wetten�� �Rg-GfV1�� g,-(Ord. 2948 § 1 (part), 1906). 1'43'140 Appeal from examiner's decision. Appeals from the headng examiner's decision shall use the procedures outlined inCha.pter 16.08 `/N1C. �h ������ �°����" KN���U��� ".�m°��� 139 '(a) The appealing pa — for-ms-pFescn epaFtment-anci-acoompanie -daYs n, ice-of-a all-spec4fy the claimed-ego4s)--and-issue(s.)-whi -GOURG114S asksd4oesidec en ap ' i e-gr-o --alsPea - Et - whiclq-ar-e-n — -I4Y- (c)--The-dep 'cop ' ten-argurnent d hor-ities accompanying the notice of appeal may be obtained from the department. The notiee4o- a4ies sha-II also state-that-pa ' Fel-444S44F1 ar-gom '-withih-f r te-that-the-notice4o argument or memorandum hatl not the-exam parties-is ' hal tatio evidence-an based-only-k acts-presented-to ' .er-4,- (d) The appellant or any party of reco-day-submit a wu4t{en argument or meRfUWOf auther-ity-withI eh ice to p ' . itten if 1-be-fited-w' h.LNe-wr-itt nt or may-Fequest-rin-wr-itingrand--the-cIepaFtmeht-may-,-in-its-dicoFeti userghantithout any-pFior-n ' -o acti * of-time-within-which- *, .. . e4ast-da empFa oule-oth ' - . The-city- ' may-grant further-e-x-tensi-ons- ' ' -th ' of-the existence-o uat* * Instances ' . e 'V ; (-€)—Whe4:1-a-time4y-apiaea4-4as-beeR-fi4ed-an4-t4qe-4eadkne4GF-reseiiat-of-wr-itte+i-rnemar-agcta has-passed-7tha-depaFtment-shal4q-w" — ,s—deliveF-to-the-counoitl-a examiherLs-cl ' ' , e-e ' to- io-recoKting-of-the-hearing efore4heexam , ' r andceGe an '. been ; § 1, 2001; Ord. 2918 § 1 (papt)HI986), . 1.43.150 Effect of appeal. The timely filing of an appeal under this chapter shall stay the effective date of the examiner's decision until the appeal is adjudicated by the council or until the appeal is withdrawn. (Ord. 2948 § 1 (part), 1986). ' ''ef . the 1CCOKI-ap-d- itted to the council, IeFk-of-the-couhcit-shali le-a-date-for lic-Fheeting-b-y-the-councli-at-which-time the-council-shall-c-onsid I -T-he- uhtic- ' hot-be-la twenty-cIays-foilowing-the-date-the-couhcit-Feceives-th ' ati-044 Doc. INDEX # A-A 1 40 (1) PbNoiceMeet4nppaJsThe4erk of-the-couneit-shall-rnail-wfitten-no p exa owtse-thern-o ore the council, (c) Site Views. Tho council may view the-eite: notl-Fevi ho-fast vide-Roe-Jar ex -,-T-1:14a-counci4-4*-4 tonal-4* ern 'n-ofder- dee* * ; ovidedr that-ap4ie6 eoegennity-to-respond-te-the-mater-ial pFovided (e) Action on-Ap -a-Fnend-and-4 — reFriand the--Fn her-oonstder-ation-or for t -pose-of-talitng-and-eonsidefi evidenceedenceby4heexamnor. If the counci s-a-d nt-fronl-the-cleolsion-ef-the emarntner-TI-he-sounoii-ehati-adoet-amended-fifxti (part), 1-986)7 The of-he ei aof-theee o -o4eea sha 44nanolusive wnt-of-ju — he-puree-5 peal as-attowecl-to-by-taw -he-appellant-s-hall-pFovide-or-pay-foFT-tnadvance,-the-cost-of--pFepe-r-ing a-ny-verb ith the consent of the super-iooeuft7the-pacties-may--agree-to-provtde-a-verbatimaudio-reeord-of-preceeding-for- puFposes of- ' th-e-super-toF-oeucH 1-4Pa 86), 1.43.180 Annual report. The examiner shall report in writing to and meet with the city planning commission and city council at least annually, if requested,for the purpose of reviewing the administration of the city's land use policies and regulating ordinances. The report shall include a summary of the hearing examiner's decisions since the prior report. (Ord. 2010-22 § 2, 2010: Ord. 2948 § 1 (part), 1986). "Party of Record" means: (1) the applicant; (2) the property tax payer for the subject property as identified by the records available from the Yakima County assessor's office; (3)the legal owner of the subject property; (4) any person who testified at the open record public hearing on the application; and/or(5) any person who submitted written comments during administrative review (within the required timeframe) or has submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or form letters). DOC. INDEX # Pc- 1 41 Chapter 15.16 APPEALS Sections: 15,16,005 Appeals 45.16.010 Purpose, 4-546,045 CeMs4cs. ffldeG 15,1 6,-040—Carisellda -of-t' e-body-aoti , tive-body, 4-54 ealable, 1516,005 Appeals. The procedures to appeal actions under Title 14, Title 15, Title 16, and Chapter 6,88 YMC, shall be found in YMC 16.08. • for . . g-cleelsio nder - (part), 2008: Ord, 2917§ 1 ( • • . . 141-tla -16.16,020 Appc1s Whcrc fiIed, -a-u.thefi e filed with thc4ivlsie e4M ' w.shl4$oaFd4apeal4GTheapprop1iate adrninietrative-official- 029 ' -1 (Exh, A) 1-6:430-Cansehdated-appeals, .A—All-a-p-peals-of-profeot-per-rn' 1011--de appeal- -PA de •termiRation-of-sig-n-ificancc, conside lidated-appeal and shall ted-fre as-pfouideci-in-that-phapter-in-an-open-reoord--hearir4g- T-he-p terrient-(-E4S-)-ar)d-to-percRit DOC. INDEX 142 administrative-and-judicial-review-prier te-prepag-ation-ef-an EIS. (Ord- 2046-02,9§ 1 (Ex ) (part), 2016). 5 9 9- e f a the-administrative-o#fiGiat`'s-deGision: A-re 'ner. Except as otherwise-p rev' d, ae+r grieved-parc©n or �e reet��ed an r sir r egad r i�Live eft-©c-desi ee-ma*appeai that d finer B—Appealridgappeals-shall--be-filed-with' the gnat des+sia ej Affpea f-a final-decision-deer-Pot—e t ire a ai&in+ the appe. ( hal! be filed-with`r f eee days f lowic g th " ai-decis+e�t� G, Appeals Shall Be in 1A4i department and st all ae napanied t ire fE e previ€l d tfaat appeal s s1 at ld t be cha a-d s f e pearls a peee- y-site ctr>--beiapea It +rnet- ar s+ Ts--ef-the-Yakima--er-ban area comprehensive-el , +s titles er rather=previsie of--law, D, e--division-s14alt 1, Set a reasonable t' 2. Provide a Hance e€app le-hearing-to- wher g ed te-not" x of flae dee+sier insied 4.1 -a.nd Ea Transfer of Record. The-sffiser Eer whor► I e peal ierbeieg to -shall artbW#t tvsmit ertain}ng-to-th r i her with-sroi-additi ra-rein as he er=she deem s gert t F. St fc p F , l;e-prepared d ► fitted to•-the-exami # r©ta,� �,�e ert� Ar s�t re on slaal era,-,sr�� Hers--a with the-record in aoserdanoe-wick - 1 : 29(G), daring-the appeal H be limited-to then I applicatia - i rert�a wt tte+ desisiot on the-appeal-within ten werkiflg-days--frorrrthe-conol !fp-g i-Ness-a loafer-period-is + t +ally-agreed-to-bl applicant-and-"the-exar finer-The-hearing-e-xaminer ray-affirr orreve modify-the- reg rer ert-desisianrer determination;andte-that_end-s all-have all-the-powers of—the—officer r#re -whern he ap eal-is tarcon-T-he-d+vision-shah send-copies-ef-the.he rir-g e arnlr ergs-deGisionsstc l e pellant the patties af--record;-and- e world days-fe tiled r ision !ecisiens-by the Hearing Examiner-Sfa111e-l;inarlss Appealed- • provi - - Ps-by-the-he e-legislative-body-u der` R 16 61 9-(9r-cl, 2016 029-§-1 Pry- d, 3019 §§ 53, 54, 1-9&7; Ord, 2947 § 1 (part), E€rmer ly-1-646,930} DOC. INDEX # fit" 143 • 5:1-6-:Ab9-Appeal-otw k - earirig-examanef's-decisien A. Appeals. Thad=cision of the hearing examiner shall be final and conclusive unloca appe# d to-t-he-legisl•a4ve--body--by--a-Per-ser+ rwed-er-by-any-age pit-ef-tke-ci yaffectedly the des` rn-t neeRefm ust ilea p#ete--wr+tt c lice-c ice-of-appeal- vit#-tf e p#aaaiag ivts#e upe Res pr-escri-bed by he epaftment and-assoR wathiteef daYs-tro tine dam ppeal.shall Frey c ad4ssue(s)that the attve body is asked to consider on appeal and shall cpeiifdalfy sl grounds for such app al. F e +dent+Pied-need-aet-be e sideFed-d+yg e legisl ive• ody ---Tl�e-eit pew eet+Fag eF a lk i e 1�Eega#ar eat, B. Appeal-Pr-ocedufes $f Filed-,Appear T-ie-plan niag-di is on-shall ra otify-the-parties-of-FeceFd,and a•ppelk t-that an appeal- a deeF file aad- ►at cepi a-and-anyF written-argument--er-aemorar gf-,aet oFities-ass ying-the-notice-a a e may-be odtai��eed- • A. Content of Notico-of-Filed Appeal, The notice to pa tE -fee fag-statements: ishing to respond-te-the-appea ey F1aeFFloFaF# it#FFt•c4he- ,s randum &h311 2. Submitta• l e#1F#tteFxm a. The appeal ant er=ae + went eF mean 'ra-thiFt days-of-the ate Raai e• e-notice-of a filed aPPeak b. Rebutta d-Mere ellen of-the-thi y subfnitt-alpefiod-fot-subr-nissicon--ef-any-written-aFgar ee and-memeFaradur-n he ap ella -at- ei expo# se rFlay-0bt8i -sepias ef- F su rh d Sla l- le --rsi x tta pe ell r r g F the-th-fifty-first dpy roF»-the-date-ef mailing-of-the notice-of-fitf #appear 5. Extensi F e oc-andurn, 1, Ne-wFlti eR aFgu+ o meFROF du -ef-au emitted e�sion F + st-be-mad e be due. 2. The legislative body may grant furl bedy-ef-thaexis ace of-extec uating-;i aastanoes which-wa s: DOC. INDEX # +�- - 144 d —tpen etensier sf or-written-argtimentatien-er-rnemerarnemarard t+ee ef-e)rtension s l-be u v el p c es-ef Beer ee44-he-Reties s afl4 de-the w ant flit;-Wlecner-a a; W i er ar rr+e t ce ae s e l eel el to the c factc presented to the exam-0er." 3. Transfer ee�eeislative-Bed - al eer ated e dead►ne-fsr-r F t o bra r s-de6isierrt e e eece-presented--to theexachine , d� befere a examiner are-on- it e treerat-of rate eran lerr e ►e#heat vv eh-he 'ved-(-04,--241-6 9 (E . - Epart)i -2016; Card, 2008 46§ 1 ( , : d.- }1-9-§ 5 , s . Iy 15,16,040), . � � r eta s A. Genes, er t}ae-r eerd d--E 4-ear wier- e ieerr treeomitted-to-the I e iel tive l dy�tt erl-sf t1 e legie�ative-I 1x r e e esed see appea d e 1e re b at v+ +e -b r ie#e i islet' e � sh . I ive body-receives-tie-inf4rrnation-#rare-the-diuis► -Rulais-Nance le t+a en A-opeals,The-slat*caf-the-legislative-b©dy-st aJl• nail-written4vetice tl e ee ng date befere-the Ielisl ►dive bedy: lSslew e wrhisla d e t# a review;-aed'aivtseal-tapes of-the-prier-hearing , th ed d r e l the�rlles at he bedy ►ayegeest_addatie +al+rermatier> rereda order to reach a decision; provided, that all parties of record are gi it 4e pend to the matcrial-preside shal to the prier established-1 eadr e ere+eer ret;er # d-te,a• F. Action-en-Appeal-At-the-p his-hearing-the-1 ' lati l ay adapted end-ate adepts reject, �erse;-er-areeed r d reverse of the examinei 0-F4E4PR and-the-m atter-far-€► rther cc nsideration-er-1er tit 'peseof ing-grad-sansidering-new €astaal idenee- the-esxa x►iner. If the-leg-islet + renders,a-decision-d€`#er r t-frer the deei,sion-ef-the-examiner-the4egislative-bed-y-shell--adepts►ended-findings nd-car l r s -{ • 6 62 41-A3-(perm =C- , 6rd, 08-46-§-1--(part}-2- : Ord, 29117 §(part), 1986-F aerly-1-6 16,050), . . esis -reads-by-flee--legisi "a lace ly Theacracin he legisl rti belly erg-an--ap ' er--shall l f+r afar d -twenty- frear-the-date-cif-ti l se en en-aggrieved-party DOC. INDEX 145 tease--of-reviewcti of the aon--tal�en;T-h�appetl halt-previ� f r r a nserthe sent-mot prepari an ecI satire transcript-of-proceed' re ire # €disiat- ppee. ttEa tie iec-rod; terttes- r ar a ie-rese of pr seed' for-pur woof-r . -)-(part), 2016: Ord. 2©08-46-§-1-(pact—, 8-Qr# 2917 § 1-kiart), 1 8€, 1-5.16.66Q) 8 -€1 + st fit"a eets: eg-of-an eel *one-of- ad n etive-off at r desi e-on-o-ehdi apptisatio r-d rm es+etea-w h cision-being-appealed—The tE1t f e ppeat matt st tl e st ver�ess r date of any enforcement action or stedi-ng-sanoetlatians and ations-ef-perrxrits-er-appfevals- Ord. 2917 §.1 (part};1966- r+ erty lag-. -0-74)- W099-,A o not eataC e* rani ' icial-may —Pre trtiegs. meterim-pr©cederal-ar ether-rulings-d-wingoc-as-part-efa-review-er de6 }F I kifag-prooese rF t str i e-- ot--appealable �ept-as-part•-of-the-fine#-deoisi€n ast+er� astifr vietation of tbfs titt€ is appeatable wept as expressty-provided ' nap . . tio-decision or action for issuan of a ar t g one air +etative #fifiat otter pr • r>-oornmenced-tany- § 1 (Exh, A) )7-2-098: . § + H ewierty- 8. f t )- D©C. INDEX 146 Chapter 16.08 APPEALS Sections: 16.08.005 Purpose and Applicability 16.08.010 Consolidated appeals. 16.08.012 Appeals—Where filed. 16.08.014 Burden of proof. 16.08.015 Definitions 16,08,018 Appeal of administrative official's decision 16.08.020 Open record appeals subject to review by hearing examiner. 16,08.025 Appeal of the hearing examiner's decision 16.08.030 Closed record appeal subject to review by the city council. 16.08.040 Judicial appeals. 16,08,050 Effect of appeals. 16,08,060 Actions not appealable. 16.08.005 Purpose and Applicability. The purpose of this chapter is to establish the procedures for appealing decisions made under the provisions of Title 14, Title 15, Title 16. and Chapter 6,88 of the Yakima Municipal Code. The procedures may also be used for any other matter where there is an appeal opportunity and the procedures of such appeal are not specifically outlined elsewhere in this Code. 16.08.010 Consolidated appeals. A. All appeals of project permit application decisions, other than an appeal of SEPA determination of significance, shall be considered together in a consolidated appeal and shall not be separated from the substantive matters of the application. B. Appeals of Determinations of Significance under SEPA, Chapter 6.88 YMC, shall proceed as provided in that chapter in an open record hearing. The purpose of this early and separate appeal hearing is to resolve the need for an environmental impact statement (EIS) and to permit administrative and judicial review prior to preparation of an EIS. (Ord. 98-66 § 1 (part), 1998). 16.08.012 Appeals—Where filed. All appeals authorized under the provisions of Title 14, Title 15, Title 16 and Chapter 6,88 of the Yakima Municipal Code, except iudiciai appeals, shall be filed with the division, The division shall forward the a eal to the a re hate administrative official, schedule an appeal hearing, provide the required notification, and maintain complete records of all appeal hearings unless otherwise provided for in this chapter, 16.08.014 Burden of proof. The appellant shall bear the burden to demonstrate at least one of the following: 1. The decision-maker(either the administrative official or hearing examiner) exceeded his or her jurisdiction or authority; 2. The decision-maker failed to follow applicable procedures in reaching the decision; 3. The decision-maker committed an error of law; and/or DOC. INDEX # H. 147 4, The findings, conclusions or decision re ared b the decision-maker are not supported by substantial evidence. 16.08.015 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. "Administrative official" means the duly appointed city of Yakima director of community development. "Agency" means any municipal corporation, state or federal government or subdivision thereof. "Aggrieved Person" or"Person Aggrieved" means a person who is directly affected by the approval, denial or conditioning of a permit, or a person who is directly affected by a decision of the administrative official, hearing examiner or city council. "Appellant" means the person or party appealing a decision made by the administrative official or the hearing examiner. "Applicant" means a person submitting an application for any permit or approval required by the Yakima Municipal Code Title 14 or Title 15, and who is the owner of the subject property or the authorized agent of the owner. "Department" or"Division' means the city of Yakima Department of Community Development, "Legislative Body" means the Yakima city council. "Officer" means the director of community development or his or her designee. "Party of Record" means: (1) the applicant; (2) the property tax payer for the subject property as identified by the records available from the Yakima County assessor's office; (3) the legal owner of the subject property; (4) any person who testified at the open record public hearing on the application; and/or(5) any person who submitted written comments during administrative review (within the required timeframe) or has submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or form letters). "Person" means any corporation, company, association, society, firm, partnership., or business, as well as an individual, a state and all political subdivisions of a state, any agency or instrumentality thereof. "Respondent' means the party against whom an appeal is taken or any party of record responding to an appeal. "Subject Property" means the real property that is at issue in the original application. 16.08.018 Appeal of the administrative official's decision. A. Appeal to the Hearing Examiner. Except as otherwise provided, any aggrieved person, party of record, or agency directly affected b an decision of the administrative official or desi nee ma a eal that decision to the hearin examiner. DOC. INDEX 148 B. Appeal. All appeals shall be filed within fourteen days following the mailing of the final decision by the administrative official or designee. Appeals shall be filed with the division. If a final decision does not require mailing. the appeal shall be filed within fourteen days followin the issuance of the final decision. C. Appeals Shall Be in Writing. All appeals shall be in writing on forms provided by the department and shall be accompanied by the required fees' provided, that a eal fees should not be charged to the legislative body or a division of the city. All appeals shall specifically cite the action being appealed, the error(s) or issue(s) to be considered, and explain why the action is not consistent with the provisions of the Yakima urban area comprehensive plan, this title, or other provisions of law. Appeals shall also include a sworn statement that the appellant has read the aooeal and believes the contents to be true, followed by the a ellant's si nature. D. Notice. The division shall: 1. Set a reasonable time and place for hearing of the appeal: and 2. Provide a notice of appeal and public hearing to the official whose decision is being appealed and parties entitled to notice of the decision, including posting of property and publishing the notice at least ten days prior to the hearing. E. Transfer of Record. The officer from whom the appeal is being taken shall forthwith transmit to the hearing examiner all the records pertaining to the decision being appealed, together with such additional written report as he or she deems pertinent. F. Staff Report. A staff report shall be prepared and transmitted to the hearing examiner, along with the record in accordance with this chapter. G_ Action by the Hearing Examiner. Testimony given during the appeal shall be limited to those oints cited in the a eal application. The hearing examiner shall render a written decision on the appeal within ten working days from the conclusion of the hearing, unless a longer period is mutually agreed to by the parties to the appeal and the examiner. The hearing examiner may affirm or reverse wholt or in art or modif the order re uirement decision or determination and to that end shall have all the powers of the officer from whom the appeal was taken. The division shall send copies of the hearing examiner's decision to the appellant, the parties of record, and the official whose decision was appealed, not later than three working days following the issuance of the final decision. H. Decisions by the Hearing Examiner Shall be Final Unless Appealed. Except as otherwise provided, all appeal decisions by the hearing examiner shall be final and conclusive on all parties unless appealed to the legislative body pursuant to this chapter. 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 canceled and rescheduled by the planning 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. DOC. INDEX 149 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. D. The applicant or property owner shall remove all land use action signs from the subject property within thirty 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. 2016-030 § 15, 2016: Ord. 98-66 § 1 (part), 1998). 16.08.025 Appeal of the hearing examiners decision. A. Appeals. The decision of the hearing examiner shall be final and conclusive unless appealed to the legislative body by a person aggrieved, a party of record, or by any agency of the city affected by the hearing examiner's decision in the following manner: 1. The appealing party must file a complete written notice of appeal with the division upon forms prescribed by the department and accompanied by the appeal fee within fourteen days from the date of mailing of the hearing examiner's final decision. 2. The notice of appeal shall specify the claimed error(s) and issue(s) that the legislative body is asked to consider on appeal and shall specifically state all grounds for such appeal. Issues or grounds of appeal that are not so identified need not be considered by the legislative body. 3. The notice of appeal shall include a sworn statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant's signature. 4. The city council shall hear appeals of all decisions of the hearing examiner during a public meeting or a limited hearing for receipt of oral legal argument, unless precluded by law. B. Appeal Procedures—Notice of Appeal. 1. Notice of Filed Appeal. The planning division shall notify the parties of record and appellant that an appeal has been filed and that copies of the notice of appeal and any written argument or memorandum of authorities accompanying the notice of appeal may be obtained from the division. 2. Content of Notice of Filed Appeal. The notice to parties of record and appellant shall contain the following statements: All parties named in the appeal of the hearing examiner's decision wishing to respond to the appeal may submit a written argument or memorandum to the legislative body within thirty days from the date that the notice is mailed; and any written argument or memorandum shall not include, the presentation of new evidence and shall be based only u on the facts presented to the examiner. C. Submittal of Written Argument or Memorandum. 1. The named partiesappelia-Rt to the hearing examiner's decision_or any p3rty of redeRsi may file with the division a written argument or memorandum of authority within thirty days of the date of mailing of the notice of a filed appeaL DOC. INDEX # 11- 1 150 2. Rebuttal to Written Argument and Memorandum. Upon completion of the thirty day submittal period for submission of any written argument and memorandum, the parties named in the appeal of the hearing examiner's decisiona-ppella-Rt, at their expense, may obtain copies of any such submissions, and shall be provided a fifteen day rebuttal period which starts on the thirty-first day from the date of mailing of the notice of the filed appeaL 3. Extension of Time for Written Argument and Memoranda. a. No written argument or memorandum of authorities may be thereafter submitted except by the legislative body's approval of a written request for an extension for cause. Re uests for extension must be made no later than the last date the memoranda would otherwise be due. b. The legislative body may grant further extensions on a finding by the legislative body such the existence of extenuatin circumstances which warrant such extension(s). c. Upon granting an extension, a notice of extension shall be given to all parties of record, and the notice shall include the statement that: "Written arguments and memoranda shall not include the presentation of any new evidence and shall be based only on the facts presented to the examiner*" D. Transfer of Record to Legislative Body. When a timely appeal has been filed and the deadline for receipt of written memoranda and arguments and all extensions have passed, the division shall deliver to the legislative body a copy of the examiner's decision, the evidence presented to the examiner, a recording of the hearing before the examiner, and any written argument or memorandum of authority which the division has received. E. An appeal shall be dismissed by the city council if: 1. It is filed b a erson without standin to a eal; 2. The city council does not have jurisdiction to hear the appeal; 3. It is not timely filed; 4, The appeal fees are not timely paid; and/or 5. It is not filed in accordance with the procedures set forth in these rules. All motions to dismiss a defective appeal shall be filed within fifteen (15) calendar days from the filing date of the appeal. 16.08.030 Closed record appeal subject to review by the city council. A. Setting the Hearing Date and Notice of the Appeal. 1. Hearing Date. When the record and the examiner's decisions have been transmitted to the legislative body, the clerk of the legislative body shall schedule a date for a closed record appeal by the legislative body at which time the legislative body shall consider the a eal. The date of the a eal should not be later than twent da s following the date the legislative body receives the information from the division, unless a different date is agreed upon by the city and the parties to the appeal. DOC. INDEX # 1m 2. Public Notice. The clerk of the leoislative body shall mail written notice to the appellant, all parties named in the,appeal of the hearing examiner's decision, all parties of recordT and the examiner to apprise them of the meeting date before the Iggiqlative body. B.A. Haohnq,N84atBeC}pentothe Public- 'The city council shall hear appeals of all decisions by the hearing examiner during a public meeting or a limited hearing for receipt of oral legal ' argument. | �C. A complete appeal application must be submitted prior to the scheduling of the council � meeting mr limited hearing. C. The closed record appeal shall be on the record before the city council, and no new evidence shall bapresented. The c�y council may, hovvever. choose todoa site viaitWspa� of its ravievv. The record shall include a|| materials received |n evidence ot any previous stage of the review, audio/visual tapes of the prior hearing(s), the final order being appealed, and argument bythe parties mt the examiner's hearing. O. The appellants and any respondents to the appeal shall have the opportunity to present oral and written argument. Oral argument shall be confined to the prior established hearing examiner record and to any alleged errors in the decision. Participation in the closed record hga[iOqis limited to the �ib/ applicant proposal subject to appea|, andthoee person so,entities which have timely and properly filed complete written appeal statements (either ee appellants orrosponUents), E. Following the closed record appeal hearing, the city council may affirm the decision mfthe examiner, remand the matter back to the hearing examiner with appropriate directions, or may reverse or modify the hearing examiner decision. T44swGo*pwa -4ia4-adcwW a,Re4**n*4+60Re�n sup grt4gitadociaion. |f the council determines there |onn error inthe examiner's decision, it may adopt the findings ofthe examiner and accept the decision ofthe hearing examiner. |f the city council renders a decision different from the decision ofthe e (Ord. 8O- 68 § 1 (part), 1998). 16'08.040 Judicial appeals. | The nitv's final decision shall be final and conclusive unless 0A -an appealed bva party of record with standing tofile a land use petition in Yakima County superior court. Such petition must be filed within twenty-one days of issuance of the decioion, and the proceeding shall follow the requirements as provided in Chapber36.7OC RCVV. (Ord. 88-60 § 1 /pad\. 1898\. 16'00.050. Effectmfappeeds' Filing of an appeal stays all actions of the administrative official or designee on pondlnq applications for development permits associated with the action 9r decision being appealed. The filing, ofen appeal shall not stay the effectiveness or effective.date of any enforcement action or decision for violation of this title inc|udinq cancellations 8nd_revonaUono of permits or approvals. 16.08.060 Actions not appealable. DOC. 8����D��C .o�=~==~~ \ �& = 152 A, GeneraIhit Only fine actions or decisions of an administrative official or other official may be appealed under this chapter Bi Procedural Rulings, Interim procedural or ffiner rulings during or as part of a review or decision making process by an administrative or other official under this title are not appealable except as part of the final decision or action. C. Enforcement Actions. No enforcement action for violation of Title 15 Yakima Municipal Code is appealable except as expressly provided in YMC Chapter 15.25. No decision or action for issuance of a warning citation or criminal citation by the administrative official or other proper legal authority is appealable under this chapter, nor shall any appeal under this chapter be taken of any law enforcement action commenced by any pa in a court of law. I. ! • di .f 153 CITY PLANNING — 2018 TEXT AMENDMENTS TXT#002-18 & SEPA#020-18; TXT#003-18 & SEPA#025-18 EXHIBIT LIST CHAPTER B SEPA Checklists B-1 SEPA Checklist—Various text amendments 04/12/2018 B-2 SEPA Checklist—Hotel/Motel/Extended Stay 09/19/2018 154 ,.. .... ENVIRONMENTAL CHECKLIST /!/■ ■1t\ — " STATE ENVIRONMENTAL POLICY ACT(SEPA) clry vAI (AS TAKEN FROM WAC 197-11-960) Planning YAKIMA MUNICIPAL CODE CHAPTER 6.88 PURPOSE OF CHECKLIST Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance,minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. INSTRUCTIONS FOR APPLICANTS This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully,to the best of your knowledge.You may need to consult with an agency specialist or private consultant for some questions.You may use"not applicable"or"does not apply"only when you can explain why it does not apply and not when the answer is unknown.You may also attach or incorporate by reference additional studies reports.Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision-making process. The checklist questions apply to all parts of your proposal,even if you plan to do them over a period of time or on different parcels of land.Attach any additional information that will help you describe your proposal or its environmental effects.The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS For non-project proposals(such as ordinances,regulations,plans and programs),complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS(part D).Please completely answer all questions that apply and note that the words"project","applicant", and"property or site"should be read as"proposal,""proponent," and "affected geographic area,"respectively.The lead agency may exclude(for non-projects)questions in Part B—Environmental Elements—that do not contribute meaningfully to the analysis of the proposal. A.BACKGROUND INFORMATION(To be completed by the applicant) 1. Name Of Proposed Project(If Applicable): City of Yakima Planning Division-Hotel/Motel/Extended Stay Text Amendments 2. Applicant's Name& Phone: City of Yakima Planning Division, (509)575-6183 3. Applicant's Address: 129 North 2nd Street,Yakima,WA 98901 4. Contact Person& Phone: Planning Manager Joseph Calhoun, (509)575-6042 5. Agency Requesting Checklist: City of Yakima 6. Proposed Timing Or Schedule(Including Phasing,If Applicable): N/A-Non-Project Action 7. Do you have any plans for future additions,expansion,or further activity related to or connected with this proposal? If yes,explain: None at this time 8. List any environmental information you know about that has been prepared,or will be prepared,directly related to this proposal: None known. Per WAC 197-11-315(1)(e), as a non-project proposal, section B of the Environmental Checklist will not be filled out. Revised 01/2017 Page l 4 DOC. INDEX 155 A.BACKGROUND INFO TION(To be completed by the applicant.) 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal?If yes,explain: None Pending 10. List any government approvals or permits that will be needed for your proposal,if known: SEPA determination, City of Yakima Planning Commission Public Hearing,and City Council Approval. 11. Give a brief,but complete description of your proposal,including the proposed uses and the size of the project and site.There are several questions later in this checklist that ask you to describe certain aspects of your proposal.You do not need to repeat those answers on this page.(Lead agencies may modify this form to include additional specific information on project description.): This proposal amends the City of Yakima's Municipal Code Title 15 to add definitions of"Hotel,""Motel,"and "Extended Stay Hotel/Motel,"and amends YMC§ 15.04.030 Table 4-1, Permitted Land Uses.The draft amendments can be found here: https://www.yakimawa.gov/services/planning/hotel-motel-extended-stay/ 12. Location of the proposal.Give sufficient information for a person to understand the precise location of your proposed project,including a street address,if any,and section,township,and range,if known.If a proposal would occur over a range of area,provide the range or boundaries of the site(s).Provide a legal description,site plan,vicinity map,and topographic map,if reasonably available.While you should submit any plans required by the agency,you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist: City Limits Revised 01/2017 Page 15 :..: 156 C. SIGNATURE(To be completed by the applicant.) The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. September 19,2018 Property I" i er o174,44.4.4 gent SignatuA Date Submitted Joan Davenport Community Development Director/City of Yakima Name of Signee Position and Agency/Organization PLEASE COMPLETE SECTION "D" ON THE NEXT PAGE IF THERE IS NO PROJECT RELATED TO THIS ENVIRONMENTAL REVIEW Revised 01/2017 Page 13 DOC INDE ( # 377 157 D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (To be completed by the Space Reserved For applicant.) (IT IS NOT NECESSARY to use this sheet for project actions) Agency Comments Because these questions are very general,it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions,be aware of the extent the proposal, or the types of activities that would likely result from the proposal,would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented.Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production,storage,or release of toxic or hazardous substances; or production of noise? . The proposed changes will not affect how land uses discharge to water, emissions to the air, Proposed measures to avoid or reduce such increases are: None proposed.Any future measures to avoid such increases will be dealt with at the project level. 2. How would the proposal be likely to affect plants,animals,fish,or marine life? The proposed changes will not affect plants, animals,fish,or marine life, as they are regulatory in nature. Proposed measures to protect or conserve plants,animals,fish,or marine life are: None proposed.Any future measures to avoid such increases will be dealt with at the project level. 3. How would the proposal be likely to deplete energy or natural resources? The proposed changes do not involve regulations dealing with energy or natural resources. Proposed measures to protect or conserve energy and natural resources are: None Proposed.Any future measures to avoid such increases will be dealt with at the project 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites,wetlands,iloodplains,or prime farmlands? The proposed changes will not change or affect any environmental sensitive areas or regulations. Proposed measures to protect such resources or to avoid or reduce impacts are: None Proposed.Any future measures to avoid such increases will be dealt with at the project level. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? No change to shoreline uses are proposed.The proposal will alter the land use process for "hotel,""motel,"and"extended stay hotel/motel"in certain zoning districts. Depending on the proposal and zone, the use will require either Type 1,2,or 3 review. Proposed measures to avoid or reduce shoreline and land use impacts are: None Proposed.Any future measures to avoid such increases will be dealt with at the project level. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Not likely.The traffic impacts will result in a minimal change, if any, from other uses that are allowed in the zoning districts proposed for this use. Proposed measures to reduce or respond to such demand(s)are: None Proposed.Any future measures to avoid such increases will be dealt with at the project level. 7. Identify,if possible,whether the proposal may conflict with local,state,or federal laws or requirements for the protection of the environment. The proposed changes will not conflict with any local, state,or federal laws, or requirements for the protection of the environment. Revised 01/2017 Page 114 158 Allows IN 11%ilk ENVIRONMENTAL CHECKLIST #0 I 1111101. 9101111111W STATE ENVIRONMENTAL POLICY ACT(SEPA) 1,"“Y nin YAKOAA (AS TAKEN FROM WAC 197-11-960) Plan g YAKIMA MUNICIPAL CODE CHAPTER 6.88 PURPOSE OF CHECKLIST Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. INSTRUCTIONS FOR APPLICANTS This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You ma use"not ap licable"or"does not a I "onl when ou can ex lain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision- making process. The checklist questions apply to all arts of our ro osal, even if you plan to do them over a period of time or on different parcels of land.Attach any additional information that will help you describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS For non-project proposals(such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS(part D). Please completely answer all questions that apply and note that the words "project", "applicant", and"property or site" should be read as"proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non-projects) questions in Part B - Environmental Elements—that do not contribute meaningfully to the analysis of the proposal. A.BACKGROUND INFORMATION(To be completed by the applicant.) I. Name Of Proposed Project(If Applicable): City of Yakima Urban Area Zoning Ordinance Amendments 2018. 2. Applicant's Name& Phone: City of Yakima Planning Division, (509)575-6183 3. Applicant's Address: 129 North Second Street, Yakima, WA 98901 4. Contact Person& Phone: Joseph Calhoun, 509-575-6042 5. Agency Requesting Checklist: City of Yakima 6. Proposed Timing Or Schedule(Including Phasing,If Applicable): N/A Non Project Action 7. Do you have any plans for future additions,expansion,or further activity related to or connected with this proposal? If yes,explain: None at this time 8. List any environmental information you know about that has been prepared,or will be prepared,directly related to this proposal:None known. Per WAC 197-1 1-315(1)(e), as a non-project proposal, section B of the Environmental Checklist will not be filled out. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes,explain: None Pending 10. List any government approvals or permits that will be needed for your proposal,if known: SEPA determination, City of Yakima Planning Commission Public Hearing,and City Council Approval. Revised 07/2015 Page 4 DOC. INDEX 159 11. Give a brief, but complete d,,,ription of your proposal, including the proi.—ed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.): The City of Yakima Planning Division is proposing non-project minor amendments to the City of Yakima's Municipal Code Title 15. The proposed amendments will modify the sign code, YMC § 15.08.045 Exemptions; Rezone criteria in YMC § 15.23.030; Accessory Dwelling Unit Standards in YMC § 15.09.045 and 15.04.030, Table 4-1; the Modification Chapter in YMC 15.17; Adding a definition and land use for Taxicab Home Occupation in YMC §§ 15.02.020 and 15.04.120; modifying the district intent statement and permitted uses in the Regional Development(RD)zoning district, YMC §§ 15.03.020 and 15.04.030, Table 4-1; and finally consolidation of Appeals from YMC Ch. 1.43 and YMC § 15.16 into YMC Ch. 16.08. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project,including a street address, if any,and section,township,and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description,site plan, vicinity map,and topographic map, if reasonably available. While you should submit any plans required by the agency,you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist: City Limits C. SIGNATURE(To be completed by the applicant.) The above answe s are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to ma its deci on. Pr erty 0 or Agent Signature Date Submitted c.. 0‘..-e(A /1,0- --- CA-L Name of Signee Position and Agency/Organization D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (To be completed by the Space Reserved For applicant.) (IT IS NOT NECESSARY to use this sheet for project actions) Agency Comments Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities that would likely result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production,storage,or release of toxic or hazardous substances; or production of noise? The proposed changes will not affect how land uses discharge to water, emissions to the air, storage, or release of toxic or hazardous substances,or the production of noise. Proposed measures to avoid or reduce such increases are: None proposed. Any future measures to avoid such increases will be dealt with at the project level. 2. How would the proposal be likely to affect plants,animals,fish,or marine life? The proposed changes will not affect plants,animals, fish, or marine life, as they are regulatory in nature. Proposed measures to protect or conserve plants,animals, fish,or marine life are: None proposed. Any future measures to avoid such increases will be dealt with at the project level. Revised 07/2015 Page 15 DOC. INDEX 160 D. SUPPLEMENTAL SHEET r OR NONPROJECT ACTIONS (To be completed by the Space Reserved For applicant.) (IT IS NOT NECESSARY to use this sheet for project actions) Agency Comments 3. How would the proposal be likely to deplete energy or natural resources? The proposed changes do not involve regulations dealing with energy or natural resources. Proposed measures to protect or conserve energy and natural resources are: None Proposed. Any future measures to avoid such increases will be dealt with at the project level. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites,wetlands, floodplains,or prime farmlands? The proposed changes will not change or affect any environmental sensitive areas or regulations. Proposed measures to protect such resources or to avoid or reduce impacts are: None Proposed. Any future measures to avoid such increases will be dealt with at the project level. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? No change to shoreline uses are proposed. Depending on future proposals, the level of review will be dependent on the type of use and zoning district. Proposed measures to avoid or reduce shoreline and land use impacts are: None Proposed. Any future measures to avoid such increases will be dealt with at the project level. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Not likely. The traffic impacts will be examined at the project level. Proposed measures to reduce or respond to such demand(s)are: None Proposed. Any future measures to avoid such increases will be dealt with at the project level. 7. Identify,if possible, whether the proposal may conflict with local,state,or federal laws or requirements for the protection of the environment. The proposed changes will not conflict with any local, state, or federal laws, or requirements for the protection of the environment. Revised 07/2015 Page 6 DOC. INDEX ammon••••mraMI 161 CITY PLANNING — 2018 TEXT AMENDMENTS TXT#002-18 & SEPA#020-18; TXT#003-18 & SEPA#025-18 EXHIBIT LIST CHAPTER C Applications Lt 7 7 ;:ii4111.1.t.t;tij c-1 Application—Various text amendments 04/12/2018 C-2 1 Application—Hotel/Motel/Extended Stay text amendments 09/19/2018 162 pia asw. LAND USE APPLICATION !!/■ ■\`\ - "yki. CITY OF YAKIMA,DEPARTMENT OF COMMUNITY DEVELOPMENT P1 ci n'n iAn g 129 NORTH SECOND STREET,2ND FLOOR,YAKIMA,WA 98901 PHONE: (509)575-6183 EMAIL: ask.planningyakimawa.gov INSTRUCTIONS—PLEASE READ FIRST AND ANSWER ALL QUESTIONS COMPLETELY. If you have any questions about this form or the application process,please ask to speak with a planner. All necessary attachments and the filing fee arc required upon submittal. Filing fees arc not refundable. This application consists of several parts. PART I - GENERAL INFORMATION,PART II—SUPPLEMENTAL APPLICATION,and PART III—CERTIFICATION are on this page.PART II,III,and IV contain additional information specific to your proposal and MUST be attached to this pa se to complete the application. PART I—GENERAL INFORMATION Name: City of Yakima Planning Division I.Applicant's Mailing Address: 129 N 2nd St Information: St: WA 'Zip: 98901 ;Phone: (509 )575-6183 E-Mail: joseph.calhoun@yakimawa.gov 2.Applicant's Interest in Prose Check One: ❑ Owner El Agent ❑ Purchaser El Other Local Government Name: 3.Property Owner's Information (If other Mailing Address: than Applicant): St: Zip: Phone: ( ) 4.Subject Property's Assessor's Parcel Number(s):N/A-Non Project Action 5.Legal Description of Property.(if lengthy,please attach it on a separate document) N/A-Non Project Action 6.Property Address:N/A-Non Project Action 7.Property's Existing Zoning: ❑SR 11R-1 ❑ R-2 ❑ R-3 ❑B-1 ❑ B-2 ❑ KB ❑ SCC ❑ LCC ❑CBD ❑GC II AS ❑ RD ❑ M-1 ❑M-2 8.Type Of Application:(Check All That Apply) Environmental Checklist(SEPA ® Review) ❑ Administrative Adjustment ❑ Type(I)Review ❑ Type(2)Review ❑ Type(3)Review ❑ Binding Site Plan Comprehensive Plan Text or Map ❑ Amendment ❑ Critical Areas Review ❑ Easement Release ❑ Planned Development ❑ Preliminary Short Plat ❑ Preliminary Long Plat ❑ Amended Long Plat ❑ Rezone ❑ Shoreline ❑ Transportation Concurrency ❑ Other: ■ Other:Text Amendment s PART II—SUPPLEMENTAL APPLICATION—SEPA CHECKLIST j ... ... ............... 9.Environmental Checklist(see attached forms) PART 111—CERTIFICATION 10.I certify that the information on this application and the required attachments are true and correct to the best of my knowledge. Property Owner's 'gn ure / Date 09/17/2018 Applic 's Signature Date FILE/ PPLICATION(S)q _rx r4.00 p-,Q * SP ft #0,2 5--)8DATE FEE PAID: RECEIVED BY: C� AMOUNT PAID: RECEIPT NO: N//k N/4 N/f} N/A- Revised 01/2017 Page 13 !INDEX 4 c-a 163 Proposed Text Amendment to YMC Title 15 TXT#003-1 8, S E PA#025-18 Definitions for Hotel, Motel, Extended Stay Draft Definitions for Consideration and Discussion: "Hotel" means a lodging use located in a structure, or structures, where rooms are usually accessed by means of common interior hallways, and which more than 90% of the rooms are provided to transient visitors for a fee on a daily or short-term basis. For purposes of this definition, "daily or short term" means 30 or fewer consecutive days. "Motel" means a lodging use located in a structure, or structures, where rooms are usually accessed by means of exterior corridors, and which more than 90% of the rooms are provided to transient visitors for a fee on a daily or short-term basis. For purposes of this definition, "daily or short term" means 30 or fewer consecutive days. Extended Stay options: 1. "Extend Stay Hotel/Motel" means a lodging use in a structure, or structure, where more than 10% of the rooms are provided or made available to the public for a fee for extended stays. The length of stay can be up to or exceed 30 consecutive days. Rooms designated for extended stay use may include kitchen facilities. This definition does not include other defined uses including, but not limited to, a boarding house or multi-family dwelling. 2. "Extended Stay Hotel/Motel" means a hotel or motel that rents rooms to the public for longer stays, which are more than 30 consecutive days. This definition does not include other defined uses including, but not limited to, a boarding house or multi-family dwelling. Existing Zoning Districts: SR 'R-1 R 2P R-3 B-1 B 2 HB SCC LCC AS GC CBD RB 1 '' 2 klutels and Hotels 2 1 1' 1 1 1 Extended Stay Hotel/Motel Note: Recommended definition, designations of appropriate zoning districts, and levels of review for "Extended Stay Hotel/Motel" are subject to further discussion by the Planning Commission and public input. N 164 "OSAttor s/1 111%1\ LAND USE APPLICATION %%V AlaiI1011116. CITY OF YAKIMA,DEPARTMENT OF COMMUNITY DEVELOPMENT PICar Ii-filYiAthl md; 129 NORTH SECOND STREET,2ND FLOOR,YAKIMA,WA 98901 PHONE: (509)575-6183 FAX:(509)575-6105 INSTRUCTIONS—PLEASE READ FIRST AND ANSWER ALL QUESTIONS COMPLETELY. If you have any questions about this form or the application process,please ask to speak with a planner. All necessary attachments and the filing fee are required upon submittal.Filing fees arc not refundable.This application consists of several parts. PART I-GENERAL INFORMATION, PART II— SUPPLEMENTAL APPLICATION, and PART III—CERTIFICATION are on this page. PART II, Ill, and IV contain additional information specific to your proposal and MUST be attached to this page to complete the application. PART I—GENERAL INFORMATION Name: City of Yakima Planning Division I. Applicant's Information: Mailing Address: 129 North Second Street City: Yakima St: WA Zip: 98901 Phone : (509)575-6183 E-Mail: ask.planning@yakimawa.gov 1 2. Applicant's Interest in Other _Local Check One: n Owner El Agent Purchaser Property: Government Name: 3. Property Owner's Mailing Address: Information (If other than Applicant): City: St: Zip:I ;Phone : ( ) E-Mail: 4. Subject Property's Assessor's Parcel Number(s):N/A—Non Project Action 5. Legal Description of Property.(if lengthy,please attach it on a separate document)N/A—Non Project Action 6. Property Address: N/A—Non Project Action 7. Property's Existing Zoning: Z SR Z R-1 Z R-2 E] R-3 Z B-1 Z B-2 HB SCC Z LCC Z CBD Z GC Z AS Z RD M-I M-2 8.Type Of Application:(Check All That Apply) • Administrative Adjustment Z Environmental Checklist(SEPA Review) 0 Easement Release O Type(I)Review Ei Right-of-Way Vacation El Rezone O Type(2)Review 1] Transportation Concurrency LI Shoreline O Type(3)Review 0 Non-Conforming Use/Structure 0 Critical Areas Review • Preliminary Short Plat 0 Appeal to TIE/City Council 0 Variance • Final Short Plat I:I Interpretation by I tearing Examiner 0 Temporary Use Permit Short Plat Amendment 0 Modification U Overlay District • Preliminary Long Plat 0 Home Occupation 0 Binding Site Plan • Final Long Plat LI Comprehensive Plan Text or Map Amendment 0 Planned Development • Plat Alteration—Long Plat 0 Short Plat Exemption: Other: Text Amendment PART II—SUPPLEMENTAL APPLICATION—SEPA CHECKLIST 9. Environmental Checklist(see attached forms) PART III—CERTIFICATION 10. I certify that the information on this application and the required attachments are true and correct to the best of my knowledge. Pro Owner'•.7ignalure Date LI I 1...Z41 A icant's Signature Date FILE/APPLICATION(S)# TXT OU-I S 3EPAI*Qz DATE FEE PAID: RECEIVED BY: AMOUNT PAID: RECEIPT NO: DOC. Revised 07/2015 Page 3 INDEX # 1 65 City of Yakima Planning Division 2018 Text Amendments 1. Sign Code 15.08.045 Exemptions. The following signs are exempt from the permitting requirements of this chapter: 7. Flags. Any flags.si provicled7-4N1t-they-sont-oFtmte-alt-p ' for-sigqs,subject to the following standards: a, Residential zoning districts are allowed one flag pole per street frontage, b. No more than two flaps may be flown on a single flap ole. c. The maximum flag pole height shall be the maximum structure height of the underlying zoning district per YMC § 15.05,030, Table 5-1. d. Flag poles shall meet applicable setback standards for accessory structures_ e. The maximum square footage of a flag shall be as follows: 1, Pole height of 20-feet or less:4'x6' ii, Pole het ht reater than 20-feet to 30-feet: 5)(8' iii. Pole hei ht reater than 30-feet;G'x10' iv. Upon application, flag size may be increased proportionate to the maximum pole height as a Modification YMC 15:17 Staff Analysis: This standard provides more flexibility for an exemption under the sign chapter. For example, under the current language a homeowner in the R-1 zone could only have a 10-ft tall flag pole. 2. Rezone 15.23.030 Rezones—Zoning map amendments. 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. Non-project Rezone applications shall also include a non-binding conceptual site plan to show potential future use of the property. F. Development Agreement. Conditions ma be ro osed in order to miti ate an detrimental effect the rezone might have on uses or property in the immediate vicinit Any conditions iin osed b the cit shall be incorporated in a development agreement executed b the it council and the ro ert owner s under the procedures set forth in RCN/36,70B,170 through 36.70B.200. Staff Analysis: Changes as discussed previously from conversation related to a non-project rezone processed in 2017. The proposal is similar to other cities(Ellensburg, Wenatchee)in the requirement for a DA when conditions are placed on a Rezone. Requiring a conceptual site plan with a non-project rezone will provide the notified property owners a visual representation of what future development could look like, but will not be binding on the applicant. 130C. INDEX C---1 1 66 3. ADU's 15.09.045 Accessory dwelling units. B. Requirements. An accessory dwelling unit is a permitted Clas (3) use di the SR R-1 R-2 anti R-3 zonal districts(See YMC § 15 04 030, Table 4 1), secondary to the primary use of a detached single-family dwelling, subject to all of the following conditions: 1. The accessory dwelling unit may be attached to the primary residence or attached to or above a detached garage,or be its own stand-allorte structure, 6. The-An ADU to the hater structure shall have the same building setbacks as the primary structure.An ADU that is attached to,or built above, a detagnee garage or a stand-alone structure shall have the same buildin setbacks as an accessor structure ADUs shall only be permitted on parcels/lots - *4:tarter-fame idesizeg a ro natal for a du lex or larger per YMC § 15 05 030, Table 5-2. 10. The primary residence and the ADU shall both be connected to public sewer and water. a. If the ADU is attached to the primary dwelling unit,the two dwelling units shall share a single sewer and water connection. b. If the ADU is attached to, or located above, a detached garage, or is a stand-alone structure, each unit shall have its own sewer and water connection,with required meters. 15.04.030 Table 4-1. Permitted Land Uses SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Accessory Dwelling Unit(")(See YMC 15.09.045) 2 2 1 1 • Staff Analysis:ADU's were added to the Zoning Ordinance in 2010 but have been proposed and constructed minimally due to the onerous restrictions. Currently they are only permitted in the SR and R-1 zones and only on parcels 0.25 acres or more. On occasion a customer will inquire about adding an ADU to a single family home in the R-2 zone and it isn't permitted. Proposed is to add the remaining residential zones(R-2 and R-3)and abandon the 0.25 acre requirement and instead rely on the minimum lot size to build a duplex(8,000 square-feet in SR and R-1, 7,000 square-feet in R- 2 and R-3). Additionally, the restriction that an ADU can only be attached to the primary dwelling or attached to/above a detached garage has posed issues—adding the ability to build a stand-alone ADU that meets the accessory structure setbacks will provide significant flexibility over the current Ordinance. Finally, a cleanup to a conflict between the text and table—the text indicates a Class(3) where the table lists a Class(2). Since additional districts are proposed, the change is to remove indication of level of review from the text and rely on the table. •..:11; 107 4. Modificatmn Chapter 15.17 MODIFICATIONS TO EXISTING OR APPROVED USES OR DEVELOPMENT* Sections: 15]7.010 Purpose. 15.17.020 Modification ho permitted development and uses regulated. 15�l7.030 Exemptions. 15.17040 Review ofmodifications. 15,17^050! Appeals. ~ Prior legislation: Onds,310O. 98-01 and 35-13. 15.17.010 Purpose. This chapter establishes provisions for the review of proposed modifications to existing or approved Class(2) � or--�uoes. 15.17.92.0 Modification to perm itted development and uses reg ulated. � � Minor changes tu existing or approved Class (1). (2)or(3) uses or development may qualify for abbreviated review under the provisions in this chapter, if they meet the criteria listed be| Overlay districts � shall not increase the level of review for the provisions of this chapter. Modifications not meeting the criteria below must apply directly for review as a Class (1),(2)or(3)use or development. U A. Themodi�cahonv�Unotin�e�aeremidan��| d�noiadditionai, . that would ran Are an � �of revie ~ B. The modification will not increase the amount of parking by more than ten percent or twenty spaces (whichever is|esst). except that the amount of parking for controlled atmosphere and cold storage warehouses may be increased by up to twenty spaces.This limit shall be calculated cumulatively for all previous modifications since the last normal review; C. Any expansion of use area or structure will not exceed fifty percent of the gross floor area.This limit shall be calculated cumulatively for all previous modifications since the last normal review; D. The modification will not increase the height of any structure; E. This limit shall be calculated cumulatively for all previous modifications since the last normal review; F. The modification will not add adhve'hm facility; and ������ - u�v���� ^ . `^ � 168 G. The modification does not include hazardous materials. 15.17.030 emptions. For exemptions from the review processes, see YMC 15 01.040(A). 15.17.040 Review of modifications. A. Submittals.Applications for modification shall follow the submittal requirements for Type (1) review. In addition,for an-approved-' s-(2)or(3) a previously approved use or development,the applicant shall submit both the site plan previously approved by the reviewing official and a new site plan showing the location, size, and type of modification proposed by the applicant. B. Review. Applications for modifications may be administratively and summarily reviewed using the Type(1) review process, in addition to the following criteria: 1. Any proposed change in the site design or arrangement: a. Will not change or modify any special condition previously imposed under Class (1), (2)or(3) review; b. Will not adversely reduce the amount of existing landscaping or the amount or location of required sitescreening; and c. In the determination of the planning division, it will not create or materially increase any adverse impacts or undesirable effects of the project. 2. All proposed new structures, site improvements, or structural alterations to existing structures or site improvements comply with the development standards of YMC Chapters 15.05 through 15.08, except as approved under the adjustment or variance provisions. C. Decision end Notification of Decision.The planning division shall issue a written decision on the modification application using the Type(1)decision process. In addition, any proposed modification that does notnot meet all the requirements of this continn shall ho denied The division shall mail its.decision to the applicant. meet S.I the I l.yull vlll mil....v. ............vl.v.l ,..lull I.1.,SJI.IIII.U. 111V UIV IOIVII shall 111Q11 Ito decision 11V 111G QIJ1.Jl1l..Cl I1.. Uses or developments denied under this chapter may submit applications for review under the normal review provisions for the use. (Ord. 2016-029§ 1 (Exh.A) (part),2016: Ord. 2008-46§ 1 (part), 2008). 15.17.050 Appeals. Decisions by the planning division regarding approval or denial of administrative modifications may be appealed as prescribed by the applicable review. Staff Analysis: These changes are proposed to allow the abbreviated Modification review process to be applicable to all previously approved uses, including Type 1. Currently, the code requires a Modification of an 169 existing and approved Type / use to go through another Type / Review to modify the development. This is contrary the defined purpose of a Modification which means "any change or alteration to the occupancy, arrangement, placement or construction of any existing use, structure, or associated site improvement, and any | change or alteration of land." | 5. Taxicab Home Occupation 15.02.020 Definitions ^Vonneoccupation. taxicabopemtor" meanstheaccessomuseofadweUingas anadminigrahve off ice for a Taxicab licensed under YMC Ch. 5J8.This use shall be limited toa maximum uf two vehicles ppe[ated by immediate fami|v members who reside in the home. 15.04.120Homne Occupations Table 4-2.Table mf Permitted Home Occupations Zoning District 8R F-1 R-2 R'3 B4 �Accountant 1 1 1 1 Architect 1 1 1 1 . ' Artist, author, arts and crafts ' 1 1 1 1 Attorney 1 1 1 1 -- - Barbershop, beauty parlor ' 2 2 2 2 Bed and breakfast* 1 2 1 1 Business administration 1 1 1 1 Cabinet, mill work,carpentry work 2 2 Catering service 2 2 2 2 . 2 ' Ceramics and sculpting 2 2 2 2 ' Composer 1 1 1 1 . ` .Day care,family home* 1 1 1 1 1 Dentist 1 2 2 2 Dog grooming 2 3 3 3 3 ��� ������" INDEX 1m Table 4-2.Table of Permitted Home Occupations Zoning District 8R _ R'i R'2 R'3 B'1 - Dressmaker,seamstress,tailor 1 � 1 1 1 Engineer 1 1 1 1 ' Food preparation* 1 2 ' 1 1 1 � Home contractor* 1 1 1 2 1 ^ � Home instruction* 1-5students 1 1 1 1 1 6-8 students 2 2 2 2 2 Insurance agent 1 ' Locksmith 1 2 2 1 1 Photographer(not including productions studio) 1 2 2 2 � Physician 1 2 2 2 - — ------- Pmduct000emblage° 1 2 2 2 1 - ` Maooagothmnapy/spm° 1 1 1 1 1 -- / Music teacher 1 1 1 1 -----, Production of small articles by hand without the use of automated or production line 1 2 2 2 equipment � Radio,television and small appliance repair 2 2 2 2 ' Real estate agert 1 1 1 | Secretarial, phone answering,desktop publishing service* 1 1 Small engine repair 2 � Taxicab Operator 1 1 1 2 1 - Wedding service 2 2 . 2 2 ' 2 - Unclassified home occupation See YMC15,04J2O(G) D10C~ INDEX 171 Table 4-2. Table of Permitted Home Occupations Zoning District SR R-1 R-2 R-3 B-1 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 x = Not Permitted fSatmaff Analysis ilytaxib businesses Theseinessescihoabnegeos wereperate dproouptoosfe by a the ehommeeamsbae Hr oofmtheeopcucbul pic,ataion w nd ratheri ll prothvaidneosuotleo-fparopdto o er commercialr establishment, which for many is cost prohibitive. 6. Regional Development Zoning District 15.03.020 District and map overlay intent statements. M. Regional Development District (RD). The purpose of the regional development district is to provide high visibility from the interstate and state highways of the city of Yakima to provide regional commerce, office campus, recreation, large-scale retail, culture, liciht rnanufacturinct, processng research and large multiple mixed uses,_. This district is characterized by very intensive development and a variety of land uses including retail sales and service establishments, high-density residential development, financial institutions, professional office buildings, hotels, condominiums, and corporation headquarters. Table 4-1.Permitted Land Uses SR R-1 R-2 R-3 B-1 B-2 HB SIC LCC AS GC CBD RD NI-1 M-2 AGRICULTURAL(COMMERCIAL) Agriculture,Horticulture,General Farming 1 1 1 I (not feedlots or stockyards)(*) Agricultural Building(*) 1 1 1 I Agricultural Chemical Sales/Storage 1 1 I DIV 172 SR R-1 R-2 R-3 B-1 B-2 IIB SCC LCC AS CC: CBD RD M-1 M-2 Agricultural Market(*) 1 1 1 1 I 1 I I Agricultural Stand(*) 1 1 1 Agricultural Related Industries(*) 2 1 1 I Animal Husbandry(See YMC 15.09 070) I 2 1 1 (*) Concentrated Feeding Operation(*) 3 Floriculture,Aquaculture I 1 1 Fruit Bin Sales/Storage 3 2 1 1 Marijuana Production(**) I 1 • Winery and Firewery—Basic(*) 3 3 1 2 Resort/Destination w/on-sitc agricultural 2 3 3 3 3 3 3 production(*) Resort/Destination(*) 2 3 3 l 1 1 3 Retail(*) 1 I 1 1 1 1 2 AMUSEMENT AND RECREATION Aquatic Center 3 3 3 1 2 Amusement Park(Permanent)(*) 3 3 3 1 3 Bowling Alleys 2 2 2 1 1 2 3 Campground(*) 3 2 Children's Outdoor Recreation Center* 2 2 (More than S©O ft.from abutting residential and not containing a go-cart track) • Children's Outdoor Recreation Center* 3 (Less than 500 11.from abutting residential and/or containing a go-cart track) Drive-1n Theatres 3 2 2 2 Exercise Facilities 2 1 1 1 1 2 I 1 1 2 I lorse Racing tracks,Speedways 3 3 Game Rooms,Card Rooms,Electronic 3 2 I 2 2 2 Game Rooms(*) , r Golf Courses,Clubhouses,Golf Driving 3 3 3 3 Ranges Miniature Golf Courses 3 3 1 1 1 1 Movie Theatres,Auditoriums,Exhibition 3 1 I 1 I Halls Parks(*) 2 2 2 2 2 2 2 2 2 2 2 I 2 2 Roller Skating or ice Skating Rink 2 2 1 1 2 Sports Facility(indoor) 2 2 1 2 1 2 Social Card Rooms(See YMC 15 09,090) 3 3 3 3 (*) DOC. INDEX 173 SR R-1 R-2 R-3 B-1 B-2 : LIB SCC LCC AS CC CBD RD J M-1 M-2 State Fair Park (See YMC I5,04,200) COMMUNITY SERVICES Cemetery/Crematorium with Funeral I tome 3 3 3 3 3 3 Funeral Home not associated with 3 2 2 2 I I 1 2 2 Cemetery/Crematorium Churches,Synagogues,and Temples(*) 2 2 2 2 2 2 2 2 I I 2 2 Community Center(*)Meeting I labs, 2 2 2 2 2 2 2 2 2 I 1 2 Fraternal Organizations Community Gardens(*)(if accessory to an I I I 1 I 1 I till I 1 . 1 1 approved principal use)(See YMC 15.04 060(G)) Community Gardens(*)(with planting area I I 1 1 1 1 I I 1 1 , I 1 of one-quarter acre or less) Community Gardens(*)(with planting area 2 2 2 2 2 2 2 2 2 1 2 2 of more than one-quarter and up to one-half acre) Community Gardens(*)(with planting area 2 2 2 2 2 2 2 2 2 2 2 2 of more than one-half acre up to one acre) Day Care Facilities(not home occupation): 1 2 2 2 2 2 2 2 I 1 I Family In-home(*) Day Care Center(*) 2 2 2 2 1 1 2 I 1 I 12 1 Public Facility(*) 3 3 3 3 2 2 2 2 1 l I I I 1 Hospital(*)Outside Institutional Overlay 3 3 3 3 3 3 3 3 Correctional Facilities 3 3 3 3 3 3 Libraries 3 3 3 2 I 2 I 1 1 I I I Museums,Art Galleries 3 3 2 1 2 1 I 1 1 1 l I Schools Elementary and Middle 3 3 3 3 3 3 1 3 Senior lligh School 3 3 3 3 3 3 3 3 Business Schools(*) 3 3 3 3 3 3 2 2 I 1 1 2 2 Community College/University—Inside (See YMC Chapter 15 31) Institutional Overlay Community College/Univcrsity—Outside 3 3 3 3 I 3 I 2 2 2 2 3 2 3 2 2 Institutional Overlay Vocational Schools(*) 3 3 3 3 3 2 2 2 I I I 2 3 ; Wastewater Spraylield(*) 3 3 3 Lao(*) 3 3 3 3 3 HEALTH AND SOCIAL SERVICE FACILITY Group Homes(six or fewer),Adult Family t I I I I I l I Home(*) Treatment Centers for Drug and Alcohol 3 3 3 3 3 3 3 3 Rehabilitation DOC* erg ®EX 4. C-1 174 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD NI-1 M-2 T , Boarding House(*) 3 3 3 3 3 I 2 Halfway House(*) 2 3 3 Group homes(more than six),Convalescent 3 2 2 2 3 3 and Nursing Homes(*) Mission(*)(with Type(3)review,and I t 2 2 2 development agreement—sex definition) MANUFACTURING Agricultural Product Support 2 2 2 I l Aircraft Parts I 2 I 1 Apparel and Accessories 3 2 2 I 1 Bakery Products(wholesale) 2 2 2 2 2 1 I Beverage Industry(*) 2 2 2 1 1 Canning,Preserving and Packaging Fruits, 32 I I Vegetables,and Other Foods Cement and Concrete Plants 3 l . Chemicals(Industrial,Agricultural,Wood, 3 I etc.) • Concrete,Gypsum and Plaster Products 2 I I Confectionery and Related Products 2 2 2 1 l 2 1 l (wholesale) Cutlery,Hand Tools and General Hardware 1 3 I 1 Drugs l 2 2 I 1 Electrical Transmission and Distribution 1 2 3 1 I Equipment • Electronic Components and Accessories and 1 2 2 3 1 I Product Assembly Engineering,Medical,Optical,Dental, 1 2 1 1 Scientific Instruments and Product Assembly Fabricated Structural Metal Products 2 f 3 3 I 1 Food Processing 2 3 1 l Furniture 2 • 3 2 ! 1 • Glass,Pottery,and Related Products and 2 2 2 I 1 Assembly Grain Mill Products 3 l I Heating Apparatus Wood Stoves 1 I Leather Products 3 1 I l Leather'tanning and Finishing I 1 Machinery and Equipment 1 2 I 1 Marijuana Processing(**) 1 1 Does 175 SR R-I R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD NI-I NI-2 Marijuana Research(**) I I Meat,Poultry and Dairy Products I 1 Paints,Varnishes,Lacquers,Enamels and 3 1 Allied Products Paperboard Containers and Boxes I 3 I l Plastic Products and Assembly I 2 I 1 Prefabricated Structural Wood Products and I 1 I Containers Printing,Publishing and Binding I 3 2 1 I Printing Trade(service industries) 2 2 2 1 I 2 1 Recycling Processing Center(*) 3 1 Rendering Plants,Slaughter houses 3 Rubber Products 1 2 1 Sign Manufacturing and Product Assembly 2 1 I I I (*) Sawmills and Planing Mills 2 1 Sheet Metal and Welding Shops 2 1 1 Stone Products(includes finishing of 2 1 2 2 3 1 I monuments for retail sale) Transportation Equipment,Including 1 l Trailers and Campers Woodworking:Cabinets,Shelves,etc. 3 1 2 2 l MININC/REFINING/OFF-SITE HAZARDOUS WASTE TREATMENT Asphalt Paving and Roofing Materials,Rock 3 3 1 Crushing Mining Including Sand and Gravel Pits(*) 3 3 3 Stockpiling ol'Earthen Materials(*) 2 2 2 2 1 1 1 1 1 1 1 1 I 1 . Off-Site hazardous Waste Treatment and 3 3 Storage Facilities(*) RESIDENTIAL Accessory Uses(*) See YMC 15.(14.060 Detached Single-Family Dwelling(*) 1 I 1 1 3 3 1 3 3 3 3 Accessory Dwelling Unit(*)(See YMC 2 2 15.09.045) Existing or New Detached Single-Family I l 1 Dwelling on Existing Lots of 8,000 Square Feel or Less Detached Single-Family Dwelling(zero lot 2 2 2 2 3 3 I 3 3 3 3 line)(*)(Scc YMC 15 09.040) Attached Single-Family Dwelling,Common 2 2 1 1 3 3 1 2 2 2 2 Wall(*) DOC INDEX V r 176 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBI) RD M-1 M-2 Two-Family Dwelling(Duplex)(*) 3 3 I I 2 2 1 2 2 2 2 Convened Dwelling(*) - ] 3 2 2 2 2 2 2 2 2 1 Multifamily Dwelling(*):07 DU/NRA 2 1 2 2 2 2 2 2 2 8-12 DU/NRA 2 1 2 2 2 2 2 2 2 13+DUINRA 3 1 2 2 2 2 2 2 2 Mixed-Use Building I I 1 I 1 I l Planned Development(*) See YMC 15 28 Mobile Home Parks(*) 2 2 2 Mobile Home(*)or Manufactured Homes See YMC 15.04.160 (*) Retirement Homes(*) 2 3 1 3 1 1 Temporary hardship Units(See YMC 2 2 2 2 2 2 2 2 2 2 2 15.04.140) RETAIL TRADE,AND SERVICE Adult Business Uses See YMC 15.09 200 Animal Clinic/Hospital/Veterinarian(*) 3 2 2 2 I 2 1 I Auction House for Goods(*) 3 2 2 2 1 1 2 1 1 Auction House fur Livestock(*) 3 • 2 2 Automotive Automotive Dealer New and Used Sales 2 2 2 I 3 I I Weekend Automobile and Recreational I 1 Vehicle(RV)Sales Automotive:Car Wash/Detailing 2 I I 1 1 1 2 Parking Lots and Garages 2 1 1 I 1 I 1 1 1 Maintenance and Repair Shops 2 1 I 2 1 2 1 2 Paiul'and Bud},Rcpaii Shops 2 2 1 1 1 2 Parts and Accessories(tires,batteries,etc.) 2 1 1 1 1 2 1 2 Towing Services 3 • I 1 Wrecking and Dismantling Yard(*)and 3 I Hulk Haulers(*) Bail Bonds 1 1 1 Beauty and Barber Shops 2 I 2 I 1 1 1 1 1 2 Bed and Breakfast Inn(*) 2 2 2 2 2 2 1 Boats and Marine Accessories 2 2 I 1 1 I Butcher Shop I I 1 1 2 2 ' 1 Commercial Services(4) 2 1 2 I I I I I 2 DOG. INDEX r 177 SR R-1 R-2 R-3 B-1 ( B-2 HB SCC LCC AS GC CBD RD M-t M-2 Communication lowers(*) (See YMC Chapter 15.29) Convenience Store—Closed 10.00 p,m.to 1 2 I 1 1 1 I 1 2 6:00 a.m. • Convenience Store—Open 10;00 p,m,to 2 2 2 1 I 2 1 2 6.00 a.m. Pet Day Care/Animal Training(*) 2 1 1 I 2 1 1 2 Farm and Implements.Tools and Heavy I 2 3 1 1 Construction Equipment Farm Supplies 2 2 1 I 2 1 • Financial Institutions 1 1 l 1 1 l 1 1 Fuel Oil and Coal Distributors 1 2 1 1 Furniture,Home Furnishings,Appliances I I 1 I I 1 1 General Hardware,Garden Equipment,and 2 I 1 1 I 1 I l 1 • Supplies General Retail Sales 12,000 sq,ft,or less 2 11 I I 1 1 , 1 3 (not otherwise regulated)(*) General Retail Sales greater than 12,000 sq. 2 1 1 I 1 I I 3 it.(not otherwise regulated)(*) Heating and Plumbing and Electrical 2 2 t I 1 1 I Equipment Stores Heavy Equipment Storage,Maintenance and I I I Repair Kennels(*) 2 2 2 Laundries,Laundromats and Dry Cleaning - 2 2 1 1 I l 2 1 Plants Liquor Stores 2 2 1 l I 1 Locksmiths and Gunsmiths 1 2 ' 1 1 I 1 2 l Lumber Yards 2 I I 1 1 Marijuana Retail(**) 1 1 I I I 1 Massage Therapy/Spa(*) 1 I III I 1 l 1 1 Mobile Vendor See YMC Ch.5.57 Motels and hotels 2 I 1 I I l Night Clubs/Dance Establishments 2 1 1 1 I 1 Nursery(*) 2 , I I 1 1 1 I 1 Offices and Clinics 3 1 I 1 1 I 1 I I 2 Office Contractor Building and Trade 3 1 I 1 I l 1 1 I l (Plumb)ng,Heating,Electrical,and Painting) Outdoor Advertising(Billboards) See YMC 15,08.130 Pawn Broker 2 I I 1 2 1 Radio/TV Studio 3 2 2 1 1 I I 2 DOC. INDEX # c-\ 178 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Recycling Drop-Off Center(*) 1 2 2 1 I I 1 Rental:Auto,Truck,Trailer,Fleet Leasing 3 2 1 2 I 2 2 I 2 Services with Storage Rental:Heavy Equipment(except 1 1 automotive)with Storage • Rental:Heavy Equipment(except I 2 3 2 automotive)without Storage Repairs:Small Appliances,TVs,Business 1 2 I I I I 2 I 1 Machines,Watches,etc. Repairs:Reupholstery and Furniture 1 l l I 1 1 1 I Repairs:Small Engine and Garden 2 2 2 I I I 2 I Equipment Restaurant(*) 2 1 • 1 1 • I l I 1 1 Seamstress,Tailor I I 1 1 I 11 . 1 Service Station(*)Closed Between 10:00 2 1 1 1 1 1 I I p.m.and 6:00 arm,(*) Service Station(*)Open Between 10:00 3 2 2 I 1 2 1 2 p.m.and 6:00 arm,(*) Shooting Ranges(indoor) 3 3 3 3 1 Signs,Printed,Painted or Carved 2 2 I 1 2 1 Taverns(*)and Bars 1 2 I I 1 1 I 1 1 Technical Equipment Sales(*) 2 I 2 1 1 I 1 I I 1 Truck Service Stations and Shops 3 2 1 1 Truck(Large),Manufactured I lame and I 3 I Travel Trailer Sales . Waste Material Processing and Junk 3 1 landling(*) TRANSPORTATION Bus Terminals I 1 1 1 1 l Bus Storage and Maintenance Facilities I I Transportation Brokerage(*)Offices,with 2 2 • l I Truck Parking Contract Truck It-luting,Rental of Trucks 1 • I 1 with Drivers Air,Rail,Truck Terminals(for short-term I 2 l 1 storage,office,etc) Railroad Switch Yards,Maintenance and 1 1 Repair Facilities,etc. • Taxicab Terminals,Maintenance and 3 3 1 Dispatching Centers,etc. Airport Landing Field 1 • • Airport Operations(*) 1 UTILITIES Doc. INDEX 179 • SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Poser Generating Facilities 3 2 I • Utility Services(substations,etc.) 3 3 3 3 3 3 3 3 [ 3 1 1 WHOLESALE TRADE—STORAGE Warehouses(*) 3 1 2 2 I I Wholesale Trade(*) 2112111 Storage Facilities,Bulk(*) I 2 I I Storage Facilities Commercial(*) 3 I 2 3 I I Residential Mini-Storage(*) 3 3 1 2 3 I 1 Refers to a definition in YMC Chapter 15.02. ** See YMC 15,09.22(1 for general development requirements for marijuana uses, Not Permitted I =Class(I)Permitted Use 2 =Class(2)Requires an Administrative Review by the Administrative Official 3 =Class(3)Requires a Public rearing by the Hearing Exammer Staff Analysis: These changes are proposed to provide for additional light manufacturing uses in the RD zoning district. This district contains several large tracts(Mill Site, Speedway) that could benefit from a greater number of potential uses above and beyond what is currently allowed in RD. 7. Appeals 15.02.020 Definitions eor-41-ment-on-any-aetion-ar-oFop0 RT. or who-has-a . (44 d-signerd-an-offierial-Fegis.ter-r-ectbestiRg-notie "Part of Record" means: 1 the a licant- 2 the ro ert tax a er for the sub'ect ro ert as identified by the recordseypitabie from the yakima County assessor's office; (3) the legal owner of the subject property; (4) any person who testified at the open record public hearing on the a lication: and/or 5 an erson who submitted written comments durin administrative review (within the required timeframe) or has submitted written comments concerning the application at the o en record ublic hearin excludin ersons who have onl si ned etitions or form letters), DOC. INDEX # 180 Chapter1.43 HEARING EXAMINER Sections: 1.43.010 Office established. 1.43.020 Appointment. 1.43.030 Qualifications. 1.43.040 Removal. 1.43.050 Standards mfconduct. 1.43.060 Rules. 1/43.070 Time computation. 1.43.080 Duties and powers. 1.43.090 Applications. 1.43.100 Master applications. 1.43.110 Report ofdepartment. 1.43.120 Examiner's decision. 1.43.130 Notice of examiner's decision. 1.43.140 Appeal from examiner's decision. 1.43.150 Effect ofappeal. 1.43.180 Council action on appeals. ~ 1.43.170 Appeal of decisions made bycouncil. 1.43.180 Annual report. 1.43'010 Office established. There is established an office of hearing examiner. The office of examiner shall be under the administrative supervision of the examiner and shall be separate from and not an administrative part of the department of community and economic development. Unless the context requires otherwise, the term "examiner" as used herein shall include deputy examiners and examiners pnmbynm. (C)rd. 2948 § 1 (part), 1986). 1.43'020 Appointment. The hearing examiner and any deputy examiners shall be appointed by the city council after consideration of the recommendation of the joint hearing examiner committee created byand pursuant to the "Intergovernmental Agreement for the Mutual Use of Hearing Examiner Spn/icpn^ Pnte,pd into by and bptwmvanthenih/ of Yakima and Yakima (�ounty. VVaohinQton Such examiner shall serve an indefinite term of office which shall, however, be reviewed one year following the date of original appointment and thereafter every four years. The council may also appoint examiners pro tem to serve in the event of absence or inability to act of the examiner and deputy examiners. (Ord. 2948 § 1 (part), 1980). 1'43'030 Qualifications. Examiners shall be appointed solely with regard to their qualifications for the duties oftheir office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions 181 conferred upon them. Examiners shall hold no other elective or appointive office or position with the city of Yakima or the county of Yakima. (Jrd. 2940 § 1 (port). 1986). 1.40.040 Removal. An examiner may be removed from office for cause bya majority xoteofthac|b/ oounoi| aftar consideration ofa recommendation aoto removal ornmnremova|from the joint hearing examiner committee. (Ord. 2948 § 1 (part), 1980). 1'43.060 Standards of conduct. (m) No peraon, including oib/ or county offioio|o, elective or appo|nUve, shall attempt to influence an examiner in any matter pending before him, except at a public hearing duly called for such purpose, or to interfere with an examiner in the performance of his duties in any other way; provided, that an official or employee of the city of Yakima or Yakima County may, in the performance of his official duties provide information to the examiner when the action is disclosed at the hearing or meeting; nor, ohm|| this section prohibit rendering of legal services to the examiner orto the council. (b) No examiner shall conduct or participate in any hearing or decision in which the examiner shall have mdirect or indirect financial or personal interest or |n which such conduct mr participation aho|| violate any rule of law applicable thereto. (Ord. 2948 § 1 /perh. 1986). 1.43.060 Rules. The examiner shall implement procedural rules for the conduct of hearings and other procedural matters related to the duties of his office in accordance with RCW 36.70.870. (Ord. 2948 § 1 (ponh. 19O8). 1.43.070 Time computation. In computing any period of time prescribed by this chapter, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be inu|uded, unless it is o Saturday, 8unday, or city legal ho|iday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, or a city legal holiday. (Ord. 2S48 § 1 (part), 1986). 1.43'080 Duties and powers. The examiner shall hear, make e record of, and decide matters provided in this chapter orbv other ordinances, including but not limited to the following land use matters: A. Matters prescribed by the Yakima urban area zoning ordinance, Title 15 of this code. Decisions of the examiner on such matters shall have the legal effect ao set forth inthe provisions of said ordinance; B. Review ofpreliminary plats and modifications thereto using the procedures and provisions for review by the planning commission as set forth tfurth in RCW Chapter 58.17 and the city of Yakima subdivision ordinance, Title 14 of this code. The decisions of the examiner on such matters shall constitute recommendations tmthe city council; ~ ������ e °~��m�. '- KN 182 C. Preliminary plat extension requests pursuant to RCW 58.17.140 and city of Yakima subdivision ordinance, Title 14of this code, Decisions of the examiner onsuch matters shall constitute final the council pursuant to the provisions ofthis r,4apt--FTPt1e 16 of the Yakima Municipai (,ode; D. Plat vacations or amendments pursuant to FlCVV Chapter 58.11. 58.12. or58.17. Decisions of the examiner un such matters shall constitute final decisions unless a ea|edtothenounoi| l under the provisions of this chopta nnex —~Code;' E. Pedestrian skybridge applications in the manner set forth in YMC 11.65.040(F) and pedestrian okybridgm permit violations ae set out inYyWC11.65.O7O; F. The examiner may conduct hearings required pursuant to RCW Chapter 43.21C, State Environmental Policy Act (SEPA). and Chapter 0.8DYK8C at the request of the city responsible official charged with responsibility for holding such ahearing; provided, that the substantive SEPA decision and the decision on the associated action shall be made by the responsible official; G. The examiner may, at the request of the city shoreline administrator, receive and examine available information, conduct public hearings and prepare records and reports thereof, and issue recommendations to the council based upon findings and conclusions on applications for shoreline substantial development permits and conditional use permits; - H. Conduct public hearings on petitions and resolutions to vacate streets and public rights-of- way pursuant to RCVVChapter 35.79. C>moiaiona of the examiner on such rne#mne shall constitute o recommendation tm the city council. The provisions of this section designating and assigning to the hearing examiner the duties and functions listed above shall supersede any and all conflicting provisions of the municipal code of the city ofYakima. (Ord. 2010-028 § 2. 2010; Ord. 2013-033 § 1 (Exh. A). 2013: Ord. 93-81 § 1. 1993: {}rd. 3257 § 1, 1890: Ord. 3224 § 1, 1989: Ord. 2948 § 1 (part), 1988). 1'43.090 Applications. Applications for permits or approvals subject to review bythe examiner shall be made to the city department of community and economic development (hereinafter referred to as the "department"). The department shall accept such applications only if applicable filing requirements are met. The department, in coordination with the hearing examiner, shall be responsible for assigning a date for and assuring due notice of public hearing for each opp||cat|on, which date and notice shall be in accordance with the statute orordinance , governing the application. (Ord. 2848 § 1 (part), 1806). 1.43'100 Master applications. Any persons proposing odevelopment or project whiohnsquinwenmonathanoneoftheperrnitaor approvals listed in Section 1.43.080 of this chapter may submit a master application to the department on forms furnished by the department containing all necessary information. The master application shall thereafter be processed by the examiner subject to the longest time limitations applicable to any of the required permits for approval. If any of the required approvals constitute a recommendation to the legislative body, the decision of the examiner to all such permits eho|| constitute a recommendation to the |o0io|ot|va body, otherwise the decision of the examiner shall be final subject to an appeal to the legislative body pursuant to this ohaptecTitlo ] and ` ({}nd. 2948 § 1 (part), 1988). ~ ������ ~����w � 1N*EX - 183 1.43.110 Report of department. Where no specific provision for a report of the department is contained in the statute or ordinance governing the application, the department may coordinate and assemble the reviews of other county/city departments, other state or local governmental agencies and franchised public utilities having an interest in the subject application and prepare a report summarizing the factors involved and the department's findings and recommendations. At least seven calendar days prior to the scheduled hearing the report shall be filed with the examiner and copies thereof shall be mailed to the applicant and made available for public inspection. Copies thereof shall be provided to interested parties upon request. (Ord. 2948 § 1 (part), 1986). 1.43.120 Examiner's decision. Within ten working days of the conclusion of a hearing, unless longer period is agreed to in writing by the applicant, the examiner shall render a written decision which shall include findings and conclusions based on the record. Except as provided in YMC 1.43.080 and 1.43.100 and the decision of the examiner shall be final and conclusive on the fifteenth day after the date of the decision unless a notice of appeal to the Yakima city council is filed pursuant to YMC 1.43.140. The examiner's decisions together with his findings, conclusions, and record of proceedings shall be filed with the department of community and economic development. If the effect of the decision is a recommendation to the legislative body, the original thereof shall be transmitted to the legislative body (Ord. 2948 § 1 (part), 1986). 1.43.130 Notice of examiner's decision. Unless different procedures are prescribed by the ordinance or statute governing the application, the department shall mail copies of the examiner's decision by certified mail to the applicant and by regular mail to other parties of record not later than three working days following the filing of a written decision by the examiner. For purposes of this chapter, "Party of Record" means: (1) the applicant; (2) the property tax payer for the subiect property as identified by the records available from the Yakima County assessor's office; (3) the legal owner of the subject property; (4) any person who testified at the open record public hearing on the application; and/or (5) any person who submitted written comments during administrative review (within the required timeframe) or has submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or form letters), epwpescs of this chaptcr"parties-of-redar " the-appli have-either submit *en opoed-aet4eofwhe41avc appeared ot a public hearing or public meeting and specific e-of-the decision a-regis4er-prov4desl-for-sbon-porposo-at-the-nea (Ord. 2948 § 1 (part), 1986). 1.43.140 Appeal from examiner's decision. Appeals from the hearing examiner's decision shall use the procedures outlined in Chapter 16.08 YMC. Except-as-to-those-cledisionewhioneen-stitute-redommendatio YMCA.43,080-a-nd-1. -007-and-except-for-aopea[s-process-ed-on sity-of-Y-alOrna Murn-ioi , oteF-1 , final-desi-eion-by-the-exarni-ner-rnay-be-appealed-to4he- by-any-person-aggrievedi-or-by-an depa ti-of-the-oity-a -bY the-exarn-i-ners-desision7-in-the-followjn F DOC* INDEX 184 a GO ** n-netise-e ' fern; ' 14 artment- ea-with-in-I - -days . . fF0-114 . , (b) The ' eal-shail -' y-the '- Yail * eil-is asiced- ' --on-ap 'fical the-g-Feun . whish-are-net-se-iden— 'I, (G)- the dae44he- etie4o e4h ifth emerandum-shall-hot ,e-p en-ef-- ; the-examineF41/4-eopy-o liant, are n R-ef .. auther-i 'thin--f * . sh-whtten ar kitheF' ' ' ith-the-eleeaftment,. ' Of rities-may-tie-theceafter-subFriitted-exsept-a-s-fellows-.-The-appeile0--of-parlies-of-rederd .... rna- r-equestirpogitingand-the-de , in-its-- — „ without , any-pcier-netiee-to-other--partio-s-o ension-of-time-within-which-wr-itten, ' -must-he-submittedi-pnavid ; at4he-red ' --4s-rhade-ao latec-than-the-last-date-the-merneFanclum-wouid-otherwia r•-1:14+14- • ' -may-g-rant furtheexten-sioneen-a-finding-by-the-sounoil-of- 'sten iFtg-Gii-G-U-al $ W1:14 • ar-Fan- R * , ' ' F-1-Erhall-148- * Gr-C47. , hail-aet-inelude--the-p w . evid l-be- . ' (e) VVh ' it -dee ' ' ten-rn da , he-depa eve4 ,, exa ' , --e•Vi nted-t . ng nefere-th 'ner-an - • -arg du-m-ef-ak — e-heen 78 § 1, 290- ; . 2918 §4-(-pa ,; ; 1.43.150 Effect of appeal. The timely filing of an appeal under this chapter shall stay the effective date of the examiner's decision until the appeal is adjudicated by the council or until the appeal is withdrawn. (Ord. 2948 § 1 (part), 1986). (a) General, When the '-ere- — as-been-ken-et ' lett; the-elerk-ef-thecourveil-shatl-s-Gh-eciele-a or--a-publie-rneetthg-by-the-eo ' 'el-i-tirhe the-GounGit-sharkerteider-the-appeak-The-cfate- heuretie-rn ' d-nG latec4han twen-t s-fallowing-the- GGLA ' * es-the-inferchation-from--the-depactment DOC. INDEX # CA 185 04--PubUc onApp als' The clerk A m (c) Site Viewg--444e-GGun4G4�-may-AA4w-the--&ite-, adept ame /port). 1086). . unle6s, within thiFty days fFom the date Of final -- . ' aen | 1.43'180 Awvmum| The examiner shall report in writing to and meet with the city planning commission and city | council o1 least annually, if requested, for the purpose mfreviewing the administration ofthe city's land use policies and regulating ordinances. The report shall include a summary of the hearing examiner's decisions since the prior report. (Ord. 2O1O-22 § 2. 2U1O: Ord. 2S48 § 1 (part). 1986). "Party of Record" means: (1)the applicant; (2) the property tax payer for the subject property as identified by the records available from the Yakima County assessor's office; (3)the legal owner of the subject property; (4) any person who testified mt the open record public hearing on the application; and/or(5) any person who submitted written comments during administrative review (within the required timeframe) or has submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions mrform letters). (Due. INDEX 186 Chapter 15.16 APPEALS Sections: 15,16,005 Appeals 15,16,010 Purpose, 46,4 . ions, efe-filed, 'stars-des-isle-it 45-16,06 he-hearing-examinerls-de . esisions-rhaele- eqfslative-Cedy, 4 _08 ions-hot-a 15.16.005 Appeals. The procedures to appeal actions under Title 14, Title 15, Title 16, and Chapter 6.88 YMC, shall be found in YMC 16.08. 4po& • Th thig-Gba-pter-4&40-e h-fh pceedwe&4ac a ating-decisions-made-under the-ptovi:s-ions-of- , 1-(Ext )-(past), 2046: Ord. 2008 481part), 200-84-0. )744:416), loos, ter-and-that-of , of-Tifle '14Q-i4, 2046 029 § 1 (ExtA)-( , 1-6), 4-6,4-6,020-App *led, Attap. cis authorized w def4epov4skns-of-this pt-jedicial-appeals-,shall-lae-fi-led with-the-€14sien. The shatl-forwar tto-the-a adra e- notifies • maintain- te-resords-of all-appeal unless-ot F-ifi • • . 46-0 -4- .41c) 1-6,1-6,03-0-Consolidated- A, All-appe-at ejeetpermitapplioation-clecisien-s-rother-thartan-a -SEPA determination-cf-sign4fi shall-lae-cons-idered-tegetrteran W—Appeas ted-from *OR, -of determi of-significanee-under- PAT-C-hapte .88-YMG,-shal-l-prodeed a ded-in-that-shapter-irtan-open recer-d-heariog,-T pesere nd-s ap-peal-hearinti-' solve-the-need-for-an- t(El d-to-pei:mit DOC. INDEX * C- 1 187 eel rrainistfativewand judicial-rev:aew prier-te preparation of-an Bid (Ord v2 -02-9-§1-(-kh f'svesisia •: A. Appeal fie-the-I earin - +r er-Except as atheRv+se-pr-caviled any-,aggrieved pefs©n--or apex e dire ly a eeted-by-arty-dosisi n-of-the,adrair strative ficial-or ee-r ay.appeal that-el eg sier Le l a hearirt e miner- B. Appeal. All appeal ali be ffted ifhiref er?r #ay feliewir g-the-rnail}e e tt e final desisi n-by-t administrative-ef€ I—or peals s#aaJl beyfiied wltl e dwfeien Ike f+raat decision hall build v +tEain ifag tie-issuance *the•frrra + e 4s+rar►- G:��e Sl a+l-8e-+ra rit peas Abe 'it-writing-on forms prov by he de pertrraeet an sll sae acnapaeied theegrorfse revla ttaat-appeases should Re era ivy e# ite c an g-appealed rer -issee¢s o—be c4ncid y the ar is is-not- ietr with-the-provisiens-ofthe- `-akima arbart-afeaoontpreher ae-plate tb r tEe, er ether-provi si eras-of-law: he division-shall 1. Set a reasertabie-throe-oral--place-for-hearifag-of-thaetappeal; a poxled and( roes-enti#ied-te-notice-ef-the-decision if4sludir•4g-poetif l e rapes y-and published-notice-at-least tee days prier-to-tl �+aarif itia--tr Rer1"ait t#a floe heariaa ftingtl disierr bei wi itten report ac he ©r-sloe deems pertinent F raf}smitted-to-the exar 'Fier, al oeg with G. Action by t en a ringrytlaeappeal-shall be nited o those-pc tfreited--inmthe appeai ppNsat+®r kae earir g ea rei er-shall ender a written desisie rerif days from ttk erel+ s+e longer—period—is—mutually—agreed—to-1 y e-applicant--and-tie-e*aminer:'he-hearing exerninef ,Fray--affirm-or--reveree wholly-or in poi or edify-the-o err r-equirernent desisiona• r deter, inatior->rarad-to-thet-end-&hall-have-all-the-pewers of-the-officer from who na l ppea is taken -lie-divisionshall-coral-copies-af-the••hearing-examiner's-decisierr h e-appellaat e ��e�erd-and ire efl v se desisier s appealed r}et-la ba hree-wort ing � sier ehy the-Hearing- a rniraeF ',hall-Be final--Wniess pealed. Except a&©thenwise owe orr it A) part)20-4- :--4rd: 2008 16§ 1 (park:} - 908; Ord. 3019§ rt)- -1-886-Formerly it i 36.30), DOC. INDEX 188 A. Appeats tie esisier...of-tl shearing-e er-s il-be-fieefar -c rnsi e ess a pee to-t- isla-ti per-son iet ed r-bye-airy-agency-e cted-by the-decision-in-the-feliowing-rnanner4 1. T-he-appealing est-file-a-complete-written•r lase fap�� t rx e di ii-sie - a forrns-pr-essrib d--by- e dep r- bHhe ee ee yank}ie-feufteerl-days e ate-of-mailing-of- e*amine T -deeisie 2- -Tbe-notice-af-appeal-stall-specify--th l rir -e er$3-aed-iss that-the-legislative bed y ire as eb t0-son-skier-eh-appeal-and-shall-specifically ctato all l; tssues or grounds of appeel that are-not-se-identitied-need-••not-be-sefrside d by t#e legislative-body: 3. The-city-council-shaft-he appeals Qf l esisio by e tfearir g e a r ieer€fartega pee+n$ afirr►iEeri leariag erreseipt-ef fllrpealeo rep: �Jet+ce ref l"iced A peat Tie-pla ivisior-shall-s ooty-t#e-panic-ef-r-esoret and appetlaet-fiat-arr aeat-h,debeen-fledand-that-cop- writt -hies-accompany+n -the--netise-ofappeal--rnafie obtainedf m tl er�ivisioe. A, Cont-nt of Notice rti thefoiloawir staater r Att-par-ties-e arer + eaaeraedurn•-to-the-legislative-bedy-wit#ir► tl "sty-days f ► -the-date that-tne-notice-is iled=afld rr v Titter argon r t of nterfrorandtrrn-shall not-include-h-e-pre-seotati©r of r i e►Eid se a•nd-shad-be wed n r-uper #tie fasts presentedfofbearttref 2, Submi Ar-guf t-er-Mefnerandura- a—Theappeliant-of-any party of r000rd may ilei+vitb-the-divi ion—a- r er ar eraenter f� rt 3ra� of-auth ity-witbie-th-kty-nays-of- ap l. l f ebuttatto-Written-Argument-ark--Nemorandem- -ce pletion eftl tl idy d submittal-period-far-subm scion--of y-written-ar rnent and nernor-andurncthe appellant at-tf eir-experise-may-a t t . ,_ _ - __ _ lanais Ar and sl llxtu btfttafperierlistarting-e re4birty-fi ay-from-the-date-of rmaili g-of-the-•notice-©f€i•led appeal c. t ion-of irne for W rift Afgonaeab liar and t l frnorarrd rrn l to Fitter art fraent-or Fnerr►efarfdtrr of utlfori es-may-be-ttaerea eretibFnitted exsept- rri#en -eguesffe. tse granted division. Hewer-, regaests fr r e tt f ot1-441 de-no t er tt the st-date-theme randy wwo ld be ice be due. 2- The-login lad e bedy-may-1 ark ftsrtbe ter lions o --a-finding by he legislative body-of ►e-ex-stenoe-ef-exterw ttish-wafra,F>t-stroh derfsierrs: DOC. 189 e e riga eF entation-or-- ernera Fn; a r oboe of-e-xtensien B att be-given-to-att.-parties e record aFad ste ent~trhat:-"t t oFa-( -written arge er t c xxaeetr s€att Flo ieet+de-the seF tabor•-of any new ui er ee-awd-shall-be-based-o ty-ova-tfae-r of resen d the arFa44E04 3. Transfer t E ecor-d-to-LegislativeB ads;,- -tingety- appear-has-been-fi t ad-the deadline-for-receipt whtten- eineranda-and ll-e t rt iore has--passed, the-d+v+si©n shalt deli cer-t -the-legislative bed ' isie 4 evFdenee-presented-ta tl e e mtnera--Feeordin the-hearing-before-the-examtF er-anel- y ttl arg net her` 41 ar-Fnecly 15.16:Q4} A eFaeFa, is--the t tie lve-bedy-the-elerk of the-legislative-body-shalt-sofaedate date-for a closed-record appeal-lay-the-legistat'we-t at wh ttr e the-le t* l, The date e the-pabliewneetlr g-shoal l Fit de later-than e tfdays-fallowing-the-date-the-leg•is•lattve body-receives-the eF atisrr-f om-the-division•: Bl Public-Nobs-Need-ngron.-Appeals-The-clerk-of legi e-body-shalt-avail-written-notice to-all-part' -record 3nd4he e aFrri#►er#a pprise-t ofthe-rnee-tir g late-befere--the legislative-body mite�iews�T-#�e--legis•tstve-body-gay-view-trite: view-of-the-fi t ,chall-be-limited--t +rant at-tapes ef-the-prier-hearing(s), and the final-order-being { cal and-arga.+mentby-the antes at�tt e arnir erLs-hearing-The-leg-islative + y ra ay egeest additional i- what' hat all parties of record a •y-to-resp®rad to the rtertal provided �AppeltaFat-and-Respohdent-Argor eFa The a +pel t to �e appea! skull-lave live oppoFtar it rrgantcnt, Oral argument-shall-berenfined le„prio est el-hearth ea r Fner-re F ,anb to-any�t ell rers FF ti e isi F. Action-on-Appeal -At-the-pubJie-hear•tng-the-legisstative-body:nay`adopt;arnend-and-adopt; rejeot verses er-amend d-revue be-find gs o41d-unions;arad eo+siera•-of the-examiner; er--remand-the-:natter forfurther-censiderationor-fe F the purpose-of-to nei sonsiderthg-new facuak-evldenee lve edy-renders--o-decisian different-frorn-the decision of th pt mended-findings-aF o usions acserdingty:-(0Fd-2-046-92�§ 1 (Exh. A)-(part §--1--(part);- -986:-Formerly- • 15.16A)70 App the-legislat+ve bedy, T-he-asti ive bca�ar appeal ©f the des sion of the-exa•nainer shall-be-final-and dayrrfr the date o f'•Fgal-aetion an aggrieve arty obtains an appropriate-writ-a rn the Yakima County &erpecioc-oowt-fray he DOCK INDEX CA I 190 purpose-of-review of the a6towa3cen he Lat-shalf-orovide-or-pay-forrin-advanee7the cos ript-of-prooeeding,s-requirect-for-j consertt-of-the 91.1140F40 , ree-te-provide-a-verbatim-a proceed- r-pur-poses-of-revie-w-by-rne-s-uporio as provided-in-G (Ord. 2G-1 § 14E- - 1-64-0rn-2-008-46-§-4-(party-2008: Ord, 2947--§- 4986-.--Forme4-1-5-46-0603, 1-546,08.0-Effest-of n-appeal-stays-alt-astiens-ef-the-admir4strative-officiat-or-cte&i ding app#o n -for-developrnertt-perrn-it&-• as-so *50 or e' filing-of an a atl-not-stay-the-e enforne iep-er decision for voLafie or 2 (Ord,-2-046-02-9-§--14 . -(party,-2-01 6: Of . 4PaFt}, 2008 -Of(31. 44-567-1448-74 7--§-1-(paq--1-984--F-orme4y 1 4&074)- 1490-Aetions-n X—Gencratty, Only finataetie s-of-an-adrninistrative-off— be-appealed-under-tbis-chapter, B. Proced a4-or-other-rutings-deriaj-oras-paa-of-a-review-of cle66464:1-Making-preGessby-an-administFative-oF-other-officer-under-04&title-afe-not-appeatable e-xcept-as-p-artof-th- nal-decision-or-action, C.- -Enforcernent-Aotto -t a-is-appeal sept ter 15.25, Ne-decision-or-action-for-i -of-a-warning oitation-or-oriminal-ci-tation-by- rninistrat4ve- er-proper-I 44,46 appealder-rnchapterner-silatl-any-a r-tnis-ehaptor ernent - oncod by a 4Grel. 2-046-02-9 § 1 (Exbia.) (pact). 2016; DOC. INDEX # 191 Chapter 16.08 APPEALS Sections: 16.08.005 Purpose and Applicability 16.08.010 Consolidated appeals. 16,08,012 Appeals—Where filed. 15.08.014 Burden of proof. 16.08.015 Definitions 16,08.018 Appeal of administrative official's decision 16.08.020 Open record appeals subject to review by hearing examiner. 16,08,025 Appeal of the hearin examiner's decision 16.08.030 Closed record appeal subject to review by the city council. 15.08.040 Judicial appeals. 16.08.050 Effect of a eals. 16,08,060 Actions not a ealable. 16.08.005 Purpose and Applicability. The purpose of this chapter is to establish the procedures for appealing decisions made under the provisions of Title 14, Title 15, Title 16, and Chapter 6.88 of the Yakima Municipal Code. The procedures may also be used for any other matter where there is an appeal opportunity and the procedures of such appeal are not specifically outlined elsewhere in this Code. 16.08.010 Consolidated appeals. A. All appeals of project permit application decisions, other than an appeal of SEPA determination of significance, shall be considered together in a consolidated appeal and shall not be separated from the substantive matters of the application. B. Appeals of Determinations of Significance under SEPA, Chapter 6.88 YMC, shall proceed as provided in that chapter in an open record hearing. The purpose of this early and separate appeal hearing is to resolve the need for an environmental impact statement(EIS) and to permit administrative and judicial review prior to preparation of an EIS. (Ord. 98-66 § 1 (part), 1998). 16.08.012 Appeals—Where filed. All a eals authorized under the provisions of Title 14 Title 15 Title 16 and Chapter 6.88 of the Yakima Municipal Code, except judicial appeals: shall be filed with the division. The division shall forward the appeal to the appropriate administrative official, schedule an appeal hearing, rovide the reciuired notification, and maintain corn lete records of all a eal hearin s unless otherwise provided for in this chapter, 16.08.014 Burden of proof. The appellant shall bear the burden to demonstrate at least one of the following: 1. The decision-maker (either the administrative official or hearing examiner) exceeded his or her jurisdiction or authority; 2. The decision-maker failed to follow applicable procedures in reaching the decision; 3. The decision-maker committed an error of law; and/or DOC. INDEX 192 The findings, conclusions or decision prepared by the decision-maker are not supported by substantial evidence. 16.08.015 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter, ''Administrative official' means the duly ap ointed cit of Yakima director of communit development. "Agency" means any munici al cor oration state or federal government or subdivision thereof, "Aggrieved Person" or"Person Aggrieved" means a person who is direct, affected b the approval, denial or conditioning of a permit, or a person who is directly affected by a decision of the administrative official, hearing examiner or city council, "A ellant" means the person or party appealin a decision made b the administrative official or the hearing examiner. "Applicant" means a person submitting an application for any permit or approval required by the Yakima Municipal Code Title 14 or Title 15, and who is the owner of the subject property or the authorized agent of the owner. "Department" or 'Division" means the city of Yakima Department of Community Development, "Legislative Body" means the Yakima city council. "Officer" means the director of communit development or his or her desi nee, "Party of Record" means: (1) the applicant; (2) the property tax payer for the subject property as identified b the records available frorn the Yakima Count assessor's office 3 the le at owner of the subject property; (4) any person who testified at the open record ublic hearin on the a lication' and/or 5 an erson who submitted written comments during administrative review (within the required tirneframg) or has submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or form letters), "Person" means any corporation, company, association, society, firm, partnership, or business, as well as an individual a state and all olitical subdivisions of a state, any agency or instrumentality thereof, "Respondent" means the party against whom an appeal is taken or any party of record responding to an appeal. "Sub'ect Pro ert '' means the realgroperty that is at issue in the ori inal appUcation: 16.08.018 Appeal of the administrative official's decision. A, Appeal to the Hearing Examiner, Exce t as otherwise rovided, any aggrieved person, party of record, or agency directly affected b an decision of the administrative official or designee may appeal that decision to the hearing examiner. DOCI NDgx # 193 B. Appeal, All appeals shall be filed within fourteen days followiq the mailing of the final decision by the administrative official or designee. Appeals shall be filed with the division. If a final decision does not require mailing, the appeal shall be filed within fourteen da s followin the issuance of the final decision. C. Appeals Shall Be in Writing_ All appeals shall be in writing on forms provided by the department and shalt be accompanied by the required fees1 provided, that appeal fees should not be charged to the legislative body or a division of the city. All appeals shall specifically cite the action being appeatecL the error s or issue s to be considered, and explain why the action is not consistent with the provisions of the Yakima urban area comprehensive plan, this title, or other provisions of law. Appeals shall also include a sworn statement that the appellant has read the a eal and believes the contents to be true followed b the appellant's signature. D. Notice. The division shall: 1. Set a reasonable time and lace for hearin of the a ear and 2. Provide a notice of appeal and public hearing to the official whose decision is being appealed and parties entitled to notice of the decision including posting of property and publishing the notice at least ten days prior to the hearing. E. Transfer of Record. The officer from whom the appeal is being taken shall forthwith transmit to the hearing examiner all the records pertaining to the decision being appealed, together with such additional written report as he or she deems pertinent. F. Staff Report. A staff report shall be prepared and transmitted to the hearing examiner, along with the record in accordance with this chapter. G. Action by the Hearing Examiner. Testimony given during the appeal shall be limited to those points cited in the appeal application, The hearing examiner shall render a written decision on the appeal within ten working days from the conclusion of the hearing, unless a longer period is mutually agreed to by the parties to the appeal and the examiner. The hearing examiner may affirm or reverse, wholly or in parLr modify the order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal was taken. The division shall send copies of the hearing examiner's decision to the appellant, the parties of record, and the official whose decision was appealed, not later than three working days following the issuance of the final decision. H. Decisions by the Hearing Examiner Shall be Final Unless Appealed, Except as otherwise provided, all appeal decisions by the hearing examiner shall be final and conclusive on all parties unless appealed to the legislative body pursuant to this chapter. 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 canceled and rescheduled by the planning 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. DOC. INDEX 194 C. A staff report shall be pneoored, file transmitted hm the examiner, and hearing conducted in the manner described |n the appropriate ordinanceoubimotofUleappem| andVVaohingtonStete law. The hearing examiner shall have ten working days bm issue o decision on the appeal. All decisions of the hearing examiner are subject to appeal to the city council. O. The applicant or property owner shall remove all land use action signs from the subject property within thirty 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. 3O16-D3O § 15. 2O16: Ord. 98-66W1 (part). 198@). 16.08.025 Appeal mf the Mearimq examiner's decision. iall be final and conclusive unless 1 The appealing party must file a complete written notice of appeal with the division upon forms prescribed by the department and accompanied by the appeal fee within fnurteendoysfromthede&aofmnai|ing_gfthehearinAenonniner'mfina| decision. 2. The notice of appeal shall,specifv the claimed error(s) and issue(s),that the \eqis|ahve body is asked tVoVnsideron app�pp| and shall specifically state all *rounds for SVoh appeaL Issues oFgrouqdS,of appeal that are not so identified need not bm ' 3^ The notice of appeal shall include a sworn statement that the appellant has read thea d bvthe appeWBni.s siQnBtuye- 4. Thecity council shall hear appeals of all decisions of the hearing examiner durinq apub1J.oIneeth?gof a limited hearing for receipt of oral leqa| argument, unless precluded by law. B. Appeal Procedures—Notice ofAppeal, 1' Notice of Filed Appeal. The planning division shall notify, the parties and appellant thot_?n,?pppa| has been filed and that copies of the notice-of appeal and any written argument nrmemorandum of authorities accompanying the notice of T;;y be nhha/n,pd frnnn the, division 2 Content of Notice shall contain the hJUu\winqstatements: All parties named in the ap_peo| of the hearing decision wishing(p respond hn the appeal may,submit a written �rqUNmentor memorandum to the |eqis{ahve,hody within thirty days hornthedate that the notice bo rnmi|ed, and any written urqumeoto/ memorandum shall not include the presentation of new evidence and shalt be based only upon the facts oresentedto the examiner. C, Submittal of Written ArgunnentVr Memorandum. record may file with the division a written arolument or memorandum of authority within Doe, INDEX l 195 2. Rebuttal to Written Argument and Memorandum. Upon completion of the thirty day submittal period for submission of any written argument and memorandum, the wiles named in the a eal of the hearin examiner's decision tant at their expense, may obtain copies of any such submissions, and shall be provided a fifteen day rebuttal period which starts on the thirty-first day from the date of mailing of the notice of the filed appeal, 3. Extension of Time for Written Argument and Memoranda. a. No written argument or memorandum of authorities may be thereafter submitted except by the legislative body's approval of a written request for an extension for cause, Re uests for extension must be made no later than the last date the memoranda would otherwise be due. b. The legislative body may grant further extensions on a finding by the legislative body of the existence of extenuating circumstances which warrant such extension(s), c. Upon granting an extension, a notice of extension shall be given to all parties of record, and the notice shall include the statement that: "Written arguments and memoranda shall not include the presentation of any new evidence and shall be based only on the facts presented to the examiner." D. Transfer of Record to Legislative Body. When a timely appeal has been filed and the deadline for receipt of written memoranda and arguments and all extensions have passed, the division shall deliver to the legislative body a copy of the examiner's decision, the evidence presented to the examiner, a recording of the hearing before the examiner, and any written argument or memorandum of authority which the division has received. E. An appeal shall be dismissed by the city council if: 1. It is filed by a person without standing to appeal; 2. The city council does not have jurisdiction to hear the appeal; 3. It is not timely filed; 4. The appeal fees are not timely paid; and/or 5. It is not filed in accordance with the procedures set forth in these rules. All motions to dismiss a defective appeal shall be filed within fifteen (15) calendar days from the filing date of the appeal. 16.08.030 Closed record appeal subject to review by the city council. A. Setting the Hearing Date and Notice of the Appeal. 1. Hearing Date. When the record and the examiner's decisions have been transmitted to the legislative body, the clerk of the legislative body shall schedule a date for a closed record appeal by the legislative body at which time the legislative body shall consider the appeal. The date of the appeal should not be later than twenty days followin the date the le islative bed receives the information from the division, unless a different date is agreed upon by the city and the parties to the appeal. DOC. INDEX _\ 196 2. Pub|iuWVUce. The clerk of the legislative body shall.r�oi|`w,�tennobcmtothe Q appellant, � pa�iennornSd_inthe appeal of the hea�nq exam|ms/ all of record-, andthe examiner tV apprise them cf the nneetinq date before the |eplis|ative body. B.A. Hearinq Must 8e Open to the Public. The city council shall hear appeals of all decisions by the hearing examiner during a public meeting or a limited hearing for receipt of oral legal argument. | 8C. A complete appeal application must be submitted prior to the scheduling of the council meeting mr limited hearing. C. The closed record appeal shall be on the record before the city council, and no new evidence shall be presented. The city council may, however, choose to do a site visit as part of its review, The record shall inc/ude all materials received |n evidence at any previous stage of the review, audio/visual tapes of the prior hearinQ(e). the final order being appealed, and argument bythe parties at the examiner's hearing. D. The appellants and any respondents to the appeal shall have the opportunity to present oral and written argument. Oral argument shall be confined to the prior established hearing examiner record and to any alleged errors in the decision. Participation in the closed record heerinqis limited to the city, (noiuding all staff, the applicant for the proposal subject to appeal, _ and those Persons or entities which have tilmely and properly filed complete written appeal statements (either as appellants or respondents). E. Following the closed record appeal hearing, the city council may affirm the decision of the examiner, remand the matter back to the hearing examiner with appropriate directions, ormay reverse or modify the hearing examiner decision. T#v+�ouneA-st4sN an*-o*nG4 '|f the council deternn|nes there ieno error inthe enanniner'sd�ciaion. |t may adopt the findings ofthe examiner and accept the decision ofthe hearing examiner. the examiner, the oitv:qpunni} shall adopt amended findings and conclusions ocoordinq|V, /Ond. 98- 06G 1 (pmd). 1998\. 16'08.040 Judicial appeals. | / The city final decisi _:h standing to file a land use petition in Yakima County superior appealed by a party of record wit court. Such petition must be filed within twenty-one days of issuance of the decision, and the proceedinq shall follow the reqpirements as provided in Chapter 36.70C RCW. (Ord. 98-66 § 1 16.08.050 Effect ofappeals. FUinq of an appeal stays all actions of the administrative official or deoiqnee on pending applications for development permits associated with the action n[decis|on being appealed. Thg �||ng of an appeal� 8 h� not.stay the effectiveness or effective date of any enforcement action mr decision for violation of this title including cancellations and revocations of permits or approvals, 16.08.060 Actions not appealable. ������ ' ��~~��° INDEX \ # ��_ \ 197 A. Generally. Only final actions or decisions of an official or other official may be appealed under this chapter. B. Procedural Rulings. Interim procedural or other rulings during or as part of a review or decision making process by an administrative or other official under this title are not appealable except as part of the final decision or action, C. Enforcement Actions. No enforcement action for violation of Title 15 Yakima Municipal Code is appealable except as expressly provided in YMC Chapter 15.25. No decision or action for issuance of a warning citation or criminal citation by the administrative official or other proper legal authority is appealable under this chapter, nor shall any appeal under this chapter be taken of an law enforcement action commenced by any party in,a court of taw. Staff Analysis: These changes are proposed to consolidate all Appeal procedures into one place (YMC Ch. 16.08 Appeals). Previously, there was language in YMC Ch. 1.43, YMC Ch. 15.16, and YMC Ch. 16.08. These changes provide for consistency throughout the Titles as all appeals now would be processed under YMC Ch. 16.08. This also streamlines any future text amendments as only YMC Ch. 16.08 would need to be amended. DOC. INDEX # 198 CITY PLANNING — 2018 TEXT AMENDMENTS TXT#002-18 & SEPA#020-18; TXT#003-18 & SEPA#025-18 EXHIBIT LIST CHAPTER D Public Notices — Various Text Amendments ij D-1 Notice of Application, Preliminary DNS & Public Hearing 07/20/2018 D-la: Legal Notice D-lb: Press Release and Distribution Email D-lc: Parties and Agencies Notified D-ld: Affidavit of Mailing D-2 Notice of Retention of DNS 12/13/2017 D-2a: Parties and Agencies Notified D-2b: Affidavit of Mailing D-3 YPC Agenda and Packet Distribution List 09/05/2018 D-4 YPC Agenda & Sign-In Sheet 09/12/2018 D-5 Notice of YPC Recommendation to City Council 10/01/2018 (See DOC INDEX#AA-1 for YPC Recommendation) D-5a: Parties and Agencies Notified D-5b: Affidavit of Mailing D-6 Letter of Transmittal to City Clerk: City Council Hearing 10/17/2018 (Mailing Labels) 199 CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Lisa Maxey, as an employee of the City of Yakima, Planning Division, have transmitted to:Sonya Claar-Tee,City Clerk,by hand delivery, the following documents: 1. Mailing labels for CITY PLANNING 2018 TEXT AMENDMENTS (TXT#002-18 & SEPA#020-18;TXT#003-18 & SEPA#025-18); including all labels for parties of record. Signed this 17th day of October,2018. Lisa Maxey Planning Specialist Received Date:7 200 Parties of Record—City Planning—2018 Text Amendments Samuel Cardenas Sadncersoliefij!gmail.cont angelnsoffetiArnAt.com John Cooper PO Box 9696 212N 21stAvc Yakima, WA 98902 ] Yakima, WA 98902 sam24hrs(41,1-19tmni I.com i iobntWisityakinta.com Luz Gutidrrez Thomas Sudbury Cristi Taffolla ' Yakima Valley Lodging 22 S 3rd Ave 213 N 341h Ave 218 N 28th Ave Association Yakima, WA 98902 Yakima, WA 98902 Yakima, WA 98902 P.O. Box 1041 anduice 1 6'iPlive.com Yakima, WA 98907 Jon Briggs Clarice Dyer Clarice Dyer 732 Summitvicw Ave#657 709 S 15th Ave P.O.Box 2503 Yakima, WA 98902 Yakima, WA 98901 Yakima, WA 98907 bluhawk7681((i)gmail.com ldycr73@ mail.com , In-House Distribution E-mail List Name Division E-mail Address Carolyn Belles Code Administration Carolyn.Belles@yakimawaloy Glenn Denman Code Administration Glenn.Denntan akimawa. ov Joe Caruso Code Administration Joe.Caruso@yakimawa,gov Suzanne DeBusschere Code Administration Suzanne.Debusscheregyakimawa,gov Vick DeOchoa Code Administration Vick.DeOchoa akimawa,gov Linda Rossignol Code Administration Linda.RossignoIC4yak imawa.goy John Zabell Code Administration John,Zabell@yakimawa.gov Pedro Contreras Code Administration Pedro.Contreras@yakimawa.gov Kelli Horton Code Administration Kelli.Horton@yakimawa.gov, Joan Davenport Community Development ' Joan.Daven ort c'D akimawa.,ov Dan Riddle Engineering Dan.Riddlercibiakimawa.gov Mike Shane Engineering Mike.Shane akitnawa. ov : Pat Reid Fire Dept Pat.Reid akimawa. ov Jeff Cutter Legal Dept Jeff.Cutter(&yakimawa.gov Sara Watkins Legal Dept Sara.Watkins yakimawa.ggy. Archie Matthews ONDS Archie.Matthews a) akimawa. ov Joseph Calhoun Planning Division Joseph.CalhounAvakimawa.gov Chief Rizzi Police Department Dominic.Rizzi akimawa. ov Scott Schafer Public Works Dept Scott.Schafergyakimawa.gov Loretta Zammarchi Refuse Division Loretta,ZammarchigYakitnawa.gov Randy Layman Refuse Division Ramiy.Layman@yakimawagov Naeem Kara Transit Division Naeem.Kara akimawa. ov James Dean Utilities James.Dean yakimawa.gov Dana Kallevig Wastewater Dana.Kallevig@yakimawa,gov Randy Meloy Wastewater Rand .Melo & akimawa. rov : For the Record/File Revised 10/2018 Type of Notice: N--c,0 fs Cf. 6y./t.„1/6 rIccikog File Number: TATti Wu?''''t 4/CO3-IX ` ' PI li(AZ(+4.-ia)5-1ES f ..) Date ofylailtfig: I i //,3 A Doc. He vi ncj INDEX _ 201 Maxey, Lisa From: Maxey, Lisa Sent: Wednesday, October 17, 2018 8:06 AM To: Claar Tee, Sonya Subject: Mailing Labels for City Council Hearing -Text Amendments Attachments: In-House Distribution E-mail List_ updated 10.08.2018 Good Morning Sonya, Mailing labels will be delivered to you shortly for the Text Amendments hearing scheduled for Tuesday November 13, 2018. Please also email the notice to In-House Distribution E-mail List updated 10.08.2018 (attached as it was recently updated) and Local Media List 07.05.2018. Please also email the notice to the following parties. john .,visitvakirnacorn lever730ornail,corn blehawk7681 mtomait corn panduicele .ttive,corn anoelasoffe sAmaiLcom SpencersoffegmaiLcorn sarn24hrsahotrna4corn aar7040 .„grnaitcorn sityr1x40 ernr.net jake . 3dvakimacorn leanne.rnickelme.com pateyers907gmen.corn Philipostriem robAmccorrnickaircentercorn cook.w0charter.net Thank you! Lisa Maxey Planning Specialist Planning Division p: 509.576.6669 129 North 2nd Street, Yakima,Washington, 98901 1 202 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: TXT#002-18 & SEPA#020-18 City Planning 2018 Text Amendments N/A I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Yakima Planning Commission's Recommendation to City Council. A true and correct copy of which is enclosed herewith; that said notice was addressed to parties of record, and that said notices were mailed by me on the 1st day of October,2018. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. „.„ Lisa Maxey 0,/ Planning Specialist • L 203 Parties ot Record—City Planning—2018 Text Amendments Samuel Cardenas 5_`pencersoffe amail.com an Telasoffe Tmail.com PO Box 9696 Yakima, WA 98902 sam24hrs hotmail.com Luz Gutierrez Thomas Sudbury Cristi Taffolla 22 S 3rd Ave 213 N 34th Ave 218 N 28th Ave Yakima, WA 98902 Yakima, WA 98902 Yakima, WA 98902 andulce16 live.com Jon Briggs Clarice Dyer Clarice Dyer 732 Summitview Ave#657 709 S 15th Ave P.O. Box 2503 Yakima, WA 98902 Yakima, WA 98901 Yakima, WA 98907 bluhawk7681 mail.com , Id er73 mail.com In-House Distribution E-mail List Name Division E-mail Address Carolyn Belles Code Administration CaroIyn.BeIIesClyakimawa.gov Glenn Denman Code Administration Glenn.Denmanyakimawa.gov Joe Caruso Code Administration Joe.Caruso(kyakimawa.gov Suzanne DeBusschere Code Administration Suzanne,Debusschere c akimawa. ov Vick DeOchoa Code Administration Vick.DeOchoa@yakimawa.gov Joan Davenport Community Development Joan.Daven ort akimawa.Tov Dan Riddle Engineering Dan.Riddle akimawa. ov Mike Shane Engineering Mike.Shane@yakimawa.gov Pat Reid Fire Dept Pat.Reid@yakimawa.gov Jeff Cutter Legal Dept Jeff.Cut-ter akimawa. ov Sara Watkins Legal Dept Sara,Watkins akimawa. ov. Archie Matthews ONDS Archie.Matthews@yakimawa.gov Joseph Calhoun Planning Division Jose h.Calhoun akimawa. ov Chief Rizzi Police Department Dominic,Rizzi@yakimawa.gov Scott Schafer Public Works Dept Scott.Schafer@yakimawa.gov Loretta Zammarchi Refuse Division Loretta.Zammarchigyakimawa. ov Randy Layman Refuse Division Randy.LaymanO,yakimawa.gov Naeem Kara Transit Division Naeem.KaraAyakimawa.gov James Dean Utilities James.Dean@yakimawa.gov Dana Kallevig Wastewater Dana.KaIljgyKimawov Randy Meloy Wastewater Randy.Melo akimawa. ov For the Record/File Rcviscd 04/2018 Type of Notice: Nit of fiviorrinuyidafio File Number: T)c GO S /SEPAI 4tOGZ—/ Date of Mailing: 1.0 /I /18 DOC. INDEX * 204 Maxey, Lisa From: Maxey, Lisa Sent: Monday, October 01, 2018 8:23 AM To: Belles, Carolyn; Brown, David; Calhoun, Joseph; Caruso,Joe; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; DeOchoa, Vick; Desgrosellier, Bob; lbarra, Rosalinda; Kallevig, Dana; Kara, Naeem; Layman, Randy; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Reid, Patrick; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike;Watkins, Sara; Zammarchi, Loretta Cc: Calhoun,Joseph Subject: Notice of YPC Recommendation to City Council - City Planning 2018 Text Amendments - TXT#002-18 & SEPA#020-18 Attachments: NOTICE OF YPC RECOMMENDATION_City Planning - 2018 Text Amendments - TXT#....pdf Attached is a Notice of the Yakima Planning Commission's Recommendation to City Council regarding the above-entitled project. If you have any questions about this proposal, please contact assigned planner Joseph Calhoun at (509) 575-6042 or email to:joseoh.calhoun yakirrawa,gov. Thank you! Lisa Maxey Planning Specialist Planning Division p: 509.576.6669 129 North 2nd Street, Yakima,Washington, 98901 1 205 DEP TMENT OF COMMUNITY DEVELIL ,vIENT Joan Davenport, AICP, Director K Panning Division ak CITY OF YAIMA 411 1 • Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov www.yakimawa.gov/servicestplanning NOTIFICATION OF PLANNING COMMISSION'S RECOMMENDATION TO THE YAKIMA CITY COUNCIL DATE: October 1, 2018 TO: Parties of Record SUBJECT: Notice of Yakima Planning Commission's Recommendation to The Yakima City Council FILE #(S): TXT#002-18 & SEPA#020-18 APPLICANT: City of Yakima Planning Division PROJECT LOCATION: N/A On September 26, 2018, the City of Yakima Planning Commission rendered their recommendation on TXT#002-18, proposing amendments to the City of Yakima's Municipal Code Titles 1, 15, and 16. The proposed amendments will modify the sign code, YMC § 15.08.045 Exemptions; Rezone criteria in YMC § 15.23.030; Accessory Dwelling Unit Standards in YMC § 15.09.045 and 15.04.030, Table 4-1; the Modification Chapter in YMC 15.17; Adding a definition and land use for Taxicab Home Occupation in YMC §§ 15.02.020 and 15.04.120; modifying the district intent statement and peonitted uses in the Regional Development (RD) zoning district, YMC §§ 15.03,020 and 15.04.030, Table 4-1; and finally consolidation of Appeals from YMC Ch. 1.43 and YMC § 15.16 into YMC Ch. 16.08. The application was reviewed at an open record public hearing held on September 12, 2018. A copy of the Planning Commission's Findings and Recommendation is enclosed. The Planning Commission's Recommendation will be considered by the Yakima City Council in a public hearing to be scheduled. The City Clerk will notify you of the date, time and place of the public hearing. For further information or assistance you may contact Planning Manager Joseph Calhoun at (509) 575-6042 or email to:joseph.calhounckyakimawa.gov. oseph Calhoun Planning Manager Date of Mailing: October 1,2018 Enclosures: Planning Commission's Recommendation 206 DEP/ EMENT OF COMMUNITY DEVELC _VIENT Joan Davenport, AICP, Director Planning Division ciry OF YAKIMA Joseph Calhoun, Manager 129 North Second Street, 2"Floor,Yakima, WA 98901 ask.planning@yakimawa.gov www.yakimawa.gov/serviees/planning City of Yakima Planning Commission PUBLIC HEARING City Hall Council Chambers Wednesday September 12,2018 3:00 p.m. - 5:00 p.m. YPC Members: Chairwoman Patricia Byers,Vice-Chair Al Rose,Bill Cook,Jacob Liddicoat,Robert McCormick, Leanne Hughes-Mickel,and Philip Ostriem Council Liaison:Jason White City Planning Staff: Joan Davenport(Community Development Director);Joseph Calhoun(Planning Manager); Eric Crowell (Associate Planner);Trevor Martin(Associate Planner); Colleda Monick(Assistant Planner);Rosalinda Ibarra(Administrative Assistant); and Lisa Maxey(Planning Specialist) AGENDA I. Call to Order IL Roll Call III. Staff Announcements IV. Audience Participation V. Approval of Meeting Minutes of August 22,2018 VI. Public Hearing-2018 Text Amendments Applicant: City of Yakima Planning Division File Numbers: TXT#002-18&SEPA#020-18 Site Address: N/A Request: Amendments to the City of Yakima's Municipal Code Titles 1,15,and 16 concerning the sign code,Rezone criteria, Accessory Dwelling Unit standards,the Modification Chapter,adding a definition&land use for Taxicab Home Occupation,modifying the district intent statement and permitted uses in the Regional Development(RD)zoning district,and consolidation of Appeals from YMC Ch.1.43 and YMC§15.16 into YMC Ch.16.08. (Additional Information posted online at:www.yakimawa.goviservicesfplanning under Quick Links) VII. Continued Public Hearing-City of Yakima Wastewater Division Applicant: City of Yakima Wastewater Division File Numbers: CPA#007-18,RZ#008-18&SEPA#010-18 Site Address: Vicinity of Highway 24&S 22nd St Request: Change the Future Land Use map designation for three parcels from Low-density Residential to Commercial Mixed-Use and rezone three parcels from Suburban Residential(SR)to General Commercial(GC)to enable a future proposal for a low-barrier homeless shelter use. VIII. Study Session:Hotel/Motel&Extended Stay Hotel/Motel Uses &Definitions IX. Other Business X. Adjourn Next Meeting:September 26,2018 YakAma NIEX 2015 # 1994 .."71 WriN. 411.1111101116. 1111Alk an fling CITY OF YAKIMA hifib YAKIMA PLANNING COMMISSION PUBLIC HEARING P ?5* City Hall Council Chambers SIGN-IN SHEET 0 C3 Z /it HEARING DATE: Wednesda Se tember 12 2018 PUBLIC HEARINGS: A. CITY PLANNING-2018 TEXT AMENDMENTS(TXT#002-18& B. CONTINUED HEARING—CITY WASTEWATER DIVISION SEPA#020-18) (CPA#007-18,RZ#008-16&SEPA#010-18) Vicititof Hilltway 24&S 22u4 St Mark X on item of interest NAME ADDRESS ZIP E-MAIL ADDRESS A B Other CODE (Please speck') Itteitlif1/42C t (21“3- 7(4111'6, vteu,46.,,,t4 kei((e__p, Pa w • tzvi r itkce cez fr c•62616i4.-‘4 '43 &;) C c54t-Vsr4 .-S71 5-16,,.Pfee- 1/7 Yakima Planning Commission Sign-In ieet—09/12/2018 PUBLIC HEARINGS: co 0 N A. CITY PLANNING-2018 TEXT AMENDMENTS(TXT#002-18& B. CONTINUED HEARING-CITY WASTEWATER DIVISION SEPA#020-18) (CPA#007-18,RZ#008-18&SEPA#010-18) 0 0 0 Vicinity of Highway 24&S 220 St Mark X on item of interest NAME ADDRESS ZIP E-MAIL ADDRESS A 13 Other , . . CODE (Please s,ecifv) t-tvivegi r Sc. _ „ L25116 1,00,1-‘L- 7-`1(1 W 44 wir1/4. 100)-e .isq 04— ..,,, f."-\-9-"Og--. '_/ ' 0 0 . _IF " - trt2- Fol Jam Ave. * , er _sa!"-/.. --7,...•-m-et-,--1- e----__ . . i .0 . MNIMIN r .......... , ___ _ " ....._ ..._ , _ - .. . ...... .._„, Yakima Planning Commission Sign-In Sheet-09/12/2018 2 209 YPC Staff Report & Packet Distribution List City Planning— 2018 Text Amendments TXT#002-18 & SEPA#020-18 YPC PACKET: Patricia Byers Al Rose Bill Cook Patayers907@rneracorn Silyrfx40@bnii.net Cook.w@chartee.net aar7040gmaiLcorn Rob McCormick Jake Liddicoat Leanne Hughes-Mickel rob@mccormickaircenter.com jake@3caaakinia,com lean ne snickel@rne.corn Philip Ostriem Jason White (Council Liaison) PhilioostriemPgmaiLcorn Jason.White@yakimawa goar Date Distributed: Ci 6 /E" , ..'., ' . ..1‘:, . 210 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: TXT#002-18 & SEPA#020-18 City Planning- 2018 Text Amendments N/A I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Retention of DNS. A true and correct copy of which is enclosed herewith, that said notice was addressed to the applicant and all parties of record, that are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on this 10' day of August, 2018. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Planning Specialist *r, I it::• •, 211 ... .. 1 I Department of Agriculture Ahtanum Irrigation District Chamber of Commerce Kelly McLain Beth Ann Brulotte,Executive Assistant 10 North 9th Street PO Box 42560 10705-B Gilbert Road Yakima,WA 98901 Olympia,WA 98504 Yakima,WA 98903-9203 chamber@yakirna.org kmclain@agr.wa.gov bethb@ahtanymmet Dept of Archaeology&Historic Preservation Department of Ecology Department of Commerce Greg Griffith or Gretchen Kaehler,Deputy State Annie Szvetecz,SEPA Policy Lead Growth Management Services Historic Preservation Officer P.O.Box 47703 P.O.Box 42525 P.O.Box 48343 Olympia,WA 98504-7703 Olympia,WA 98504-2525 Olympia,WA 98504-8343 se_pareRister@ecy.wa.ggy reviewteam,@commerce,wa. ov Se a dah .wa, ov maunitPecy,wa.gov lorLwhitePecy.wa.gov Department of Fish and Wildlife Department of Ecology Department of Fish and Wildlife Eric Bartrand Gwen Clear,Regional Coordinator SEPA Desk 1701 South 24th Ave 1250 West Alder Street PO Box 43200 Yakima,WA 98902 Union Gap,WA 98903 Olympia,WA 98504 Eric,Bartrandtacifwma,gov crosepacoordinatortaecy,wa.gov SEPAdeskt@dfwma.gov Scott,Downes@dfw.wa,gov Department of Health Department of Natural Resources Department of Social&Health Services Terri Sinclair-Olson Kelly Cooper SEPA Center PO Box 47820 PO Box 47015 Operations Support and Services Division Olympia,WA 98504 Olympia,WA 98504 P.O.Box 45848 Kellyxoopergadoh.wa,gov sepacenter@dnrwa.eov Olympia,WA 98504 Terri,Sinclalr-Olson dshs.wa. ov Engineering Division . Energy Facility Site Evaluation Council-EFSEC Nob Hill Water Association Bob Degrosellier and Brett Sheffield,City Stephen Posner,SEPA Officer Bob Irving,Engineering Technician Engineer PO Box 43172 . 6111 Tieton Drive 129 N 2nd Street Olympia,WA 98504-3172 Yakima,WA 98908 Yakima,WA 98901 sposner@utc.wa.gov ' bobtfanobhillwater.org dana.kallevig@yakimawa,gov Parks&Recreation Commission US Army Corps of Engineers Office of Rural and Farm Worker Housing Jessica Logan Seattle District Marty Miller PO Box 42560 Regulatory Branch 1400 Summitview Ave,Ste#203 Olympia,WA 98504 P.O.Box 3755 Yakima,WA 98902 Jessica.logan@parks,wa.gov Seattle,WA 98124-3755 Martym2Porff-torg david.i.mooret@usace.arrov.mil Wastewater Division West Valley School District WSDOT Marc Cawley or Dana Kallevig Angela Watts,Asst.Supt.Of Business& Paul Gonseth,Planning Engineer 2220 East Viola Ave Operations 2809 Rudkin Road Yakima,WA 98901 8902 Zier Road Union Gap,WA 98903 marc.cawley kimawa, ov Yakima,WA 98908-9299 gonsetp@wsdot,gov dana,kallevi akimawa. ov wattsa wvsd208.or WSDOT,Aviation Division Yakama Bureau of Indian Affairs WSDOT Patrick Wright Rocco Clark,Environmental Coordinator South Central Regionl Planning Office 7702 Terminal St SW P.O.Box 632 SCplanningPwsdot.wa.gov Tumwater,WA 98501 ' Toppenish,WA 98948 WrightP@wsdot.wa.gov Rocco.clark bia. ov Yakama Nation Environmental Mgmt Program Yakama-Klickitat Fisheries Project Yakima Air Terminal Elizabeth Sanchey,Environmental Review John Marvin Robert Peterson,Airport Asst Manager Coordinator 760 Pence Road 2400 West Washington Ave P.O.Box 151 Yakima,WA 98909 Yakima,WA 98903 Toppenish,WA 98948 imarvinpyakama.com roberipeterson@yakimawa.gov esancbey ak ma.com Yakima County Flood Control District Yakima County Health District Yakima County Commissioners Terry Keenhan&Dianna Woods Ryan Ibach,Director of Environmental Health Commissioners.web@co.yakima.wa,us128 North 2nd Street,4,"Floor 1210 Ahtanum Ridge Dr Steti200 * elm 0 Yakima,WA 98901 Union Gap,WA 98903 . en 0 , Ter .Xeenhan co. akima.wa.us yhdQco.yakima.wa.us Dlanna,Woods@co.yakima.watts U lin P an.ibach co.yakimama.us I ac Yakima County Planning Yakima County Public Services 9.) Yakima Greenway Foundation Lynn Deitrick&Jason Earles Vern Redifer,Public Services Director Kellie Connaughton,Executive Director r 128 North 2nd Street,4th Floor 128 North 2nd Street,4th Floor Yakima,WA 98901 Yakima,WA 98901 111 South 18th Street '. Lynn.Deitrick ab @co„yakima.wa.us Yakima,WA 98901 vern.rediferco.yakima.wa.us Jason,Earlestacookima.wa.us kelliePyakimagree wa .or 212 Century Link Charter Communications City of Union Gap Manager Kevin Chilcote Dennis Henne, Development Director 8 South 2nd Ave, Rm#304 1005 North 16th Ave P.O. Box 3008 Yakima,WA 98902 Yakima,WA 98902 Union Gap,WA 98903 Department of Agriculture Environmental Protection Agency Federal Aviation Administration Kelly McLain NEPA Review Unit 2200 W.Washington Ave P.O. Box 42560 1200 6th Ave#900 Yakima,WA 98903 Olympia,WA 98504 Seattle,WA 98101 Federal Aviation Administration,Seattle Governor's Office of Indian Affairs Pacific Power Airports District Office PO Box 40909 Mike Paulson Cayla Morgan,Airport Planner 1601 Lind Ave SW Olympia,WA 98504 500 North Keys Rd Renton,WA 98055-4056 Yakima,WA 98901 Soil Conservation District Trolleys United States Postal Service Ray Wondercheck Paul Edmondson Maintenance Deptartment 1606 Perry Street,Ste. F 313 North 3rd Street 205 W Washington Ave Yakima,WA 98902 Yakima,WA 98901 Yakima,WA 98903 Drinking Water Operations WA State Attorney General's Office Eastern Yakama Bureau of Indian Affairs River View Corporate Center 1433 Lakeside Court,Ste#102 Superintendent 16201 E Indiana Ave,Ste#1500 Yakima,WA 98902 P.O. Box 632 Spokane Valley,WA 99216 Toppenish,WA 98948 Yakama Indian Nation Yakama Indian Nation Yakima School District Johnson Meninick,Cultural Resources Ruth Jim,Yakima Tribal Council Program Dr.Jack Irian,Superintendent P.O.Box 151 P.O. Box 151 104 North 4th Ave Toppenish,WA 98948 Toppenish,WA 98948 Yakima,WA 98902 Yakima Valley Canal Co Yakima-Tieton Irrigation District Cascade Natural Gas Robert Smoot Sandra Hull 8113 W Grandridge Blvd 1640 Garretson Lane 470 Camp 4 Rd Kennewick,WA 99336 Yakima,WA 98908 Yakima,WA 98908 US Army Corps of Engineers Ahtanum Irrigation District Seattle District Beth Ann Brulotte, Executive Assistant 10705-B Gilbert Road Regulatory Branch P.O. Box 3755 Yakima, WA 98903 Seattle,WA 98124-3755 1 \\Apollo\Shared\Planning\Assignments-Planning\LABELS and FORMS\SEPA REVIEWING AGENCIES updated 7.2.18-Form List.docx Type of Notice: 1\tc.„ k,,,,,- . ' - , ' of (fr'- e 0 f DriS a_{x, s ,2 ... File Number: _ -Xi- I '4 #001ff_ Date of Mailing: R/107/6 it . 213 Parties oi Record—City Planning—2018 Text Amendments Samuel Cardenas SP.Pricerseflagt114iIcP111 anIasoftè@maitcom PO Box 9696 Yakima, WA 98902 sain24hrs hotmail.com Luz Gutierrez Thomas Sudbury Cristi Taffolla 22 S 3rd Ave 213 N 34th Ave 218 N 28th Ave Yakima, WA 98902 Yakima, WA 98902 Yakima, WA 98902 pandulce16(i-41ive.com In-House Distribution E-mail List Name Division E-mail Address Carolyn Belles Code Administration Carolyn.Belles ykimawa.gpv Glenn Denman Code Administration Glenn.Dennian akimawa, ov Joe Caruso Code Administration Joe,Caruso@yakimawa,gov Suzanne DeBusschere Code Administration Suzanne.Debusschere@vakimawa.gov Vick DeOchoa Code Administration Vick.Oe0choaçyakirnawa,gpv Joan Davenport Community Development Joan.DaveopertAyakimawa.gov Dan Riddle Engineering Dan,Ridclle@yakirnawa.gov Mike Shane Engineering Mike.Shane@yAkimawa.gov Pat Reid Fire Dept Pat.Reid akimawa. ov Jeff Cutter Legal Dept Jeff,CutterlD akimawa, ov Sara Watkins Legal Dept Sara,Watkins akimawa. ov. Archie Matthews ONDS Archie.Matthews@yakimawa.gov Joseph Calhoun Planning Division Jose h.Calhoun akirnawa.cov Chief Rizzi Police Department Dorninic.Rizzi@vakimawa.gov Scott Schafer Public Works Dept Scott.Schaferayakimawa.gov Loretta Zammarchi Refuse Division LorcrtaZamniarchjQyakirnawagpy Randy Layman Refuse Division Randy.Layman c akiinawa.Tov Naeem Kara Transit Division Naeem.Kara@yakimawa.gov James Dean Utilities James.Dearigypkiinawa,00v Dana Kallevig Wastewater Dana.Ka I levies yakiinawa.eov Randy Meloy Wastewater Rajy !cj9yyçimawaiov For the Record/File Revised 04/2018 Type of Notice: N-k-c- of Rdt-hot of DNS File Number: 1X14-cw-iiS /Se:P/7*Z -IS Date of Mailing: 21/0 DOCP INDEX # D-g 214 Maxey, Lisa From: Maxey, Lisa Sent: Friday, August 1U' 2018014AM To: Belles, Carolyn; Bvuvvn' David; Calhoun, Joseph; Caruso,Joe; Cutter,Jeff; Davenport, Joan; Dean,James; De8usschene, Suzanne; Denman, Glenn; OeOchoa' Vick; DesgposeUier, Bob; |barm' Rnsa|inda; KaUevig, Dana; Kara' Naeem; Layman, Randy; Matthews, Archie; K4axey, Lisa; K4e|oy, Randy; Reid' Patrick; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike;Watkins, Saro; Zammaohi, Loretta;Ahtanum Irrigation District Beth Ann Bnu|ntte; Cawley, Marc; Chamber ofCommerce; Deportment of Agriculture; Department of Commerce (CTED) Review Team; Department ofEcology; Department of Ecology Lori White; Department ofEcology SERA Register; Department of Ecology '[RO Coordinator; Department of Fish and Wildlife; Department of Fish and Wildlife Eric Bartnand; Department of Fish and Wildlife Scott Downes; Department ofNatural Resources; Department of Social & Health Services; Dept. Archaeology & Historic Preservation SEPA Review; Energy Facility Site Evaluation Council Stephen Posner; Nob Hill Water Bob Irving; Office ofRural 81 Farmworker Housing Marty Miller; Peterson, Robert; Scott |zutsu Yakima School District; US Army Corps of Engineers David Moore;VVAState Parks & Recreation Commission; West Valley School District Angela Watts;VVSDOT Paul Gonseth; VV3DOT South Central Regional Planning Office; VVSDOTAviadon Patrick Wright; Yakama Bureau of Indian Affairs Rocco Clark; Yakama Nation Environmental Management Program Elizabeth 5anche>\ Yakama' K|ickitat Fisheries John Marvin; Yakima County Building Official Harold Maclean; Yakima County Commissioners; Yakima County Flood Control District Dianna Woods; � Yakima County Flood Control District Terry Keenhan; Yakima County Health District; ' Yakima County Health District Ryan /bach; Yakima County Planning Zoning/Sub Jason Ear|es;Yakima County Planning Director Lynn Dpit/ick; Yakima County Public Services Director, Vern Redifec Yakima GreenwayFoundation KeUieConnaughton; Yakima Regional Clean Air Agency HosonTahat;Yakima Valley Conference of Governments Mike Shutt|eworth; Yakima Valley Museum John A. 8au|e;Yakima Waste Systems ' Keith Kova|enko; Al Ross; Alfred A. Rose (d|vrfx40@bnninet);]acnb Liddicoat; Leanne Hughes-Mickel; Patricia Byers; Phi|ipOstriem; Rob McCormick;White, Jason; William Cook (cook.vv@charter.neU Subject: NoticeofRetentionnfDNS - [ityP|anning 2O18 Text Amendments TXT#002 18 & 5EPA#020'18 Attachments: NOTICE OF RETENTION OF DNS-City Planning 2U18 Text Amendments TXT#OO....pdf Attached is oNotice of Retention of Determination of Non-Significance (DNS) regarding the above- entitled project. If you have any questions about this proposal, please contact assigned planner Joseph Calhoun at (509) 575-6042 or crooil to: ����,yakimawa.eov. Thank you! Lisa Maxey Planning Specialist I City of Yakima Planning Dh/|oimn (509) 576'6669 - Planning Division: (509) 57S'G183 129N2""Street,Yakima,VVA989O1 annin _ � 1 -' -- -- 215 DEF ,TMENT OF COMMUNITY DEVEL MENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager •CITY OF YAKNA 129 North Second Street, 2nd Floor, Yakima, WA 98901 I ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NON-SIGNIFICANCE NOTICE OF RETENTION CITY OF YAKIMA, WASHINGTON August 10, 2018 File Numbers: SEPA#020-18 The City of Yakima Department of Community Development issued a: [X] Determination of Nonsignificance (DNS), [ ] Mitigated Determination of Nonsignificance (MDNS), [ ] Modified DNS/MDNS, on July 20, 2018, for this proposal under the State Environmental Policy Act(SEPA) and WAC 197- 11-340. This retention concerns a State Environmental Policy Act (SEPA) Review of text amendments to the City of Yakima's Urban Area Zoning Ordinance Titles1, 15, and 16. The City of Yakima Planning Division is proposing non-project minor amendments to the City of Yakima's Municipal Code Title 15. The proposed amendments will modify the sign code, YMC § 15.08.045 Exemptions; Rezone criteria in YMC § 15.23.030; Accessory Dwelling Unit Standards in YMC § 15.09.045 and 15.04.030, Table 4-1; the Modification Chapter in YMC 15.17; Adding a definition and land use for Taxicab Home Occupation in YMC §§ 15.02.020 and 15.04.120; modifying the district intent statement and permitted uses in the Regional Development(RD) zoning district, YMC §§ 15.03.020 and 15.04.030, Table 4-1; and finally consolidation of Appeals from YMC Ch. 1.43 and YMC § 15.16 into YMC Ch. 16.08. This threshold determination is hereby: [X] Retained [ ] Modified. Modifications to this threshold determination include the following: [ ] Withdrawn. This threshold determination has been withdrawn due to the following: [ ] Delayed. A final threshold determination has been delayed due to the following: Summary of Comments and Responses (if applicable): N/A Responsible official: Joan Davenport, AICP Position/Title: Community Development Director/SEPA Responsible Official Phone: (509) 575-6183 Address: 129 N 2nd Street, Yakima, WA 1 Date: August 10, 2018 Signature: You may appeal this determination to Joe Davenport, City of Yakima Community Development Director, at 129 N 2nd St., Yakima, WA 98901, no later than August 24, 2018. You must submit a completed appeal application form with the$580 application fee. Be prepared to make specific factual objections. Contact the City of Yakima, Planning Division, for information on appeal procedures. ;,. 216 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: TXT#002-18, SEPA#020-18 City Planning-2018 Text Amendments N/A I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Application, Preliminary DNS, and Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to interested parties and SEPA reviewing agencies. And that said notices were mailed by me on the 20th day of July, 2018. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Planning Specialist • :01 D d 217 Department of Agriculture Ahtanum Irrigation District Chamber of Commerce Kelly McLain Beth Ann Brulotte,Executive Assistant 10 North 9th Street 10705-B Gilbert Road Yakima,WA 98901 PO Box 42560 Olympia,WA 98504 Yakima,WA 98903-9203 chamberaiyakimorg kmclairt agr,wa.gov bethb@ahtanum,net Dept of Archaeology&Historic Preservation Department of Ecology Department of Commerce Greg Griffith or Gretchen Kaehler,Deputy State Annie Szvetecz,SEPA Policy Lead Historic Preservation Officer Growth Management Services P.O.Box 47703 P.O.Box 42525 P.O.Box 48343 Olympia,WA 98504-7703 Olympia,WA 98504-8343 Olympia,WA 98504-2525 separegisteri ecy wa g v �ta�idah wa. ov reviewteam@commerce.wa,gov 5e P - sepaunit@ecy.wa.gov lori,white@ecy.wa.gov, Department of Ecology Department of Fish and Wildlife Department of Fish and Wildlife Gwen Clear,Regional Coordinator Eric Bartrand SEPA Desk 1250 West Alder Street 1701 South 24th Ave PO Box 43200 Union Gap,WA 98903 Yakima,WA 98902 Olympia,WA 98504 crosepacoordinatorrecy,wa.gov Eric,Bartrand@d(w.wa,gvv SEPAdesk dfw.wa, ov Scott.Downes@dfw.wa.gov Department of Health Department of Natural Resources Department of Social&Health Services Kelly Cooper SEPA Center Terri Sinclair-Olson PO Box 47820 PO Box 47015 Operations Support and Services Division Olympia,WA 98504 Olympia,WA 98504 P.O.Box 45848 Kell .coo er doh.w ov se acenter dnr,wa. ov Olympia,WA 98504 Terri,Sinclair-Ofso# dshs.wa. ov Engineering Division Energy Facility Site Evaluation Council-EFSEC Bob Degrosellier and Brett Sheffield,City Nob Hill Water Association Stephen Posner,SEPA Officer Bob Irving,Engineering Technician PO Box 43172 Engineer 129 N 2nd Street 6111 Tieton Drive Olympia,WA 98504-3172 Yakima,WA 98908 sposner@Jutc.wa.gov, Yakima,WA 98901 bob@nobhillwater.org dana.kallevie@yakimawargov_ Office of Rural and Farm Worker Housing Parks&Recreation Commission US Army Corps of Engineers Marty Miller Jessica Logan Seattle District 1400 Summitview Ave,Ste#203 PO Box 42560 Regulatory Branch Yakima,WA 98902 Olympia,WA 98504 P.O.Box 3755 Martym2@orfh.vrg Jessica.iogancc1parks.wa.Aov, Seattle,WA 98124-3755 david.%moore usace,arm .mil Wastewater Division West Valley School District WSDOT Marc Cawley or Dana Kallevig Angela Watts,Asst.Supt.Of Business& Paul Gonseth,Planning Engineer 2220 East Viola Ave Operations 2809 Rudkin Road Yakima,WA 98901 8902 Zier Road Union Gap,WA 98903 marc.cawle akimawa.gov Yakima,WA 98908-9299 gonsetp@wsdpt,gov dana.kallevig(dyakimawa,gov wattsa ?wvsd208.o_r_g WSDOT WSDOT,Aviation Division Yakama Bureau of Indian Affairs South Central Regionl Planning Office Patrick Wright Rocco Clark,Environmental Coordinator 5C tannin wsdvt.wa. vv 7702 Terminal St SW P.O.Box 632 Tumwater,WA 98501 Toppenish,WA 98948 WrightP(twsdot.wa.gov Rocco.clark bia. ov, Yakama Nation Environmental Mgmt Program Yakama-Klickitat Fisheries Project Yakima Air Terminal Elizabeth Sanchey,Environmental Review John Marvin Robert Peterson,Airport Asst Manager Coordinator 760 Pence Road 2400 West Washington Ave P.O.Box 151 Yakima,WA 98909 Yakima,WA 98903 Toppenish,WA 98948 jmarvin@yakama.com robert,peterson@yakimawa.gov esanchev@yakama.com Yakima County Health District Yakima County Flood Control District Yakima County Commissioners Terry Keenhan&Dianna Woods Commissioners.web@co.yakima.wa.us Ryan Ibach,Director of Environmental Health 128 North 2^d Street,4th Floor 1210 Ahtanum Ridge Dr Ste#200 Yakima,WA 98901 ..1. Union Gap,WA 98903 trAl Ter ry,Keenhan@ co.yakima.wa,us !� yhdL co.yakima.wa,us Dianna.Woods@co-yaklma.wa.us rYan.ibach@co.yakima.wa.us (7 Yakima County Planning Yakima County Public Services • Lynn Deitrick&Jason Earles Yakima Greenway Foundation VVern Redifer,Public Services Director 128 North 2nd Street,4th Floor 128 North 2nd Street,4th Floor Kellie Connaughton,Executive Director Yakima,WA 98901 Yakima,WA 98901 111 South 18th Street Lynn.Deitrickpco.vakima.wa.us Vern.redifer(&?ca.Yakima=wa.us Yakima,WA 98901 Jason.EarlesPco.yaklma.wa,us kellie@yakimagreenwa ,or 218 Yakima Regional Clean Air Agency Yakima School District Yakima Valley Conference of Governments Hasan Tahat,Engineering&Planning Supervisor Scott lzutsu,Associate Superintendent Mike Shuttleworth,Planning Manager 329 North 1st Street 104 N 4`h Ave 311 North 4th Street,Ste#202 Yakima,WA 98901 Yakima,WA 98902 Yakima,WA 98901 hasangrcaa.arg izutsuscattRyagintaschoots,org mige,.shuttieworta r@yvcogorg Yakima Waste Systems Yakima Valley Museum Keith Kovalenko,District Manager John A.Baule,Director 2812 1/2 Terrace Heights Dr. 2105 Tieton Drive Yakima,WA 98901 Yakima,WA 98902 keithkgawasteconnections,com fohnjyikiniaval[e museum,or 219 Century Link Charter Communications City of Union Gap Manager Kevin Chilcote Dennis Henne, Development Director 8 South 2nd Ave, Rm#304 1005 North 16th Ave P.O. Box 3008 Yakima,WA 98902 Yakima,WA 98902 " Union Gap,WA 98903 Department of Agriculture Environmental Protection Agency Federal Aviation Administration Kelly McLain NEPA Review Unit 2200 W.Washington Ave P.O. Box 42560 1200 6th Ave#900 Yakima,WA 98903 Olympia,WA 98504 Seattle,WA 98101 Federal Aviation Administration,Seattle Governor's Office of Indian Affairs Pacific Power Airports District Office PO Box 40909 Mike Paulson Cayla Morgan,Airport Planner 1601 Lind Ave SW Olympia,WA 98504 500 North Keys Rd Renton,WA 98055-4056 Yakima,WA 98901 Soil Conservation District Trolleys United States Postal Service Ray Wondercheck Paul Edmondson Maintenance Deptartment 1606 Perry Street,Ste. F 313 North 3rd Street 205 W Washington Ave Yakima,WA 98902 Yakima,WA 98901 Yakima,WA 98903 WA State Attorney General's Office Eastern Drinking Water Operations Yakama Bureau of Indian Affairs River View Corporate Center 1433 Lakeside Court,Ste#102 Superintendent 16201 E Indiana Ave,Ste#1500 Yakima,WA 98902 P.O. Box 632 Spokane Valley,WA 99216 Toppenish,WA 98948 Yakama Indian Nation Yakama Indian Nation Yakima School District Johnson Meninick,Cultural Resources Ruth Jim,Yakima Tribal Council Dr.Jack Irion,Superintendent Program P.O.Box 151 P.O. Box 151 104 North 4th Ave Toppenish,WA 98948 Toppenish,WA 98948 Yakima,WA 98902 Yakima Valley Canal Co Yakima-Tieton Irrigation District Cascade Natural Gas Robert Smoot Sandra Hull 8113 W Grandridge Blvd 1640 Garretson Lane 470 Camp 4 Rd Kennewick,WA 99336 Yakima,WA 98908 Yakima, WA 98908 US Army Corps of Engineers Ahtanum Irrigation District Seattle District Beth Ann Brulotte, Executive Assistant 10705-B Gilbert Road Regulatory Branch P.O. Box 3755 Yakima,WA 98903 Seattle,WA 98124-3755 \\Apollo\Shared\Planning\Assignments-Planning\LABELS and FORMS\SERA REVIEWING AGENCIES_updated 7.2.18-Form List.docx 4. (14, Type of Notice: C sib o \ tylvivkt. al,N6 Ok's)\:‘G \-Ss etvAINco File Number: 1-7)(1-#noa SEPAAC)zt) 11"3 Date of Mailing: —1-2C) -2,6 t a'A 220 Parties u. Record— City Planning—2018 Text Amendments Samuel Cardenas SpencersoffeAgmai I com angelasoffePgmail.com PO Box 9696 Yakima, WA 98902 sarn24hrsghounail.corri Luz Gutierrez Thomas Sudbury 22 S 3rd Ave 213 N 34th Ave Yakima, WA 98902 Yakima, WA 98902 In-House Distribution E-mail List Name Division E-mail Address Carolyn Belles Code Administration Carolyn.Betles@yakimawLgov Glenn Denman Code Administration G lenn.Denman akimawa. ov Joe Caruso Code Administration Joe.Caroso akimawa. ov Suzanne DeBusschere Code Administration Suzanne.DebusscheisJayakimawa.gov Vick DeOchoa Code Administration Vick.DeOchoa akimawa. ov Joan Davenport Community Development Joan.Daven ort akimawa. ov Dan Riddle Engineering Dan.Riddie akimawa. ov Mike Shane Engineering M ike.Shane@yak imawa.gov Pat Reid Fire Dept Pat.Reidayakimawa.g.ov Jeff Cutter Legal Dept Jeff.Cutter r akimawa.gpv Sara Watkins Legal Dept Sara.Watkins@yakimawa.gov. Archie Matthews ONDS Archic,MatthewsRyakimawa.gov Joseph Calhoun Planning Division Joseph.Calhoun@yakimavva.gov Chief Rizzi Police Department Dominic.Rizzi a) akimawa ov Scott Schafer Public Works Dept Scou.Schafer akimawa. ov Loretta Zammarchi Refuse Division Loretta.Za mmarch i@ya kimaw a. ()v Randy Layman Refuse Division Randy.Layman@yakimawa. ov Naeem Kara Transit Division Naeem.Kara@yakimawa.gov James Dean Utilities JainesDeanRyakimawa.gov Dana Kallevig Wastewater Dana.Kallevig@yakimawa.gov Randy Meloy Wastewater Rand .Melo vkimawa,gov For the Record/File Revised 04/2018 Odiral Type of Notice: Nirtice of SE(/(+ File Number: 4-03;-/8 ,Se#Y#ogo-ig Date of Mailing: 1/720/iE DOC. INDEX # C ~ p zo )Maxey, From: Maxey, Lisa Sent: Friday, July 2l2O18102] AM To: Belles, Carolyn; Brown, David;Calhoun, Joseph; Caruso,Joe; Cutter, Jeff, Davenport, Joan; Dean,James; DeBusschere, Suzanne; Denman, Glenn; DeOchoa, Vick; Desgrosellier, Bob; lbarra, Rosalincla; Kallevig, Dana; Kara, Naeem; Layman, Randy; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Reid, Patrick; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike;Watkins, Sara;Zammarchi, Loretta; Ahtanum Irrigation District Beth Ann Qru|otte; Cawley, Marc; Chamber ofCommerce; Department of Agriculture; Department of Commerce (CTED) Review Team; Department of Ecology; Department ofEcology Lori White; Department of Ecology - SEPA Register; Department of Ecology -CRO Coordinator; Department of Fish and Wildlife; Department of Fish and Wildlife Eric Bartend; Department of Fish and Wildlife Scott Downes; Department ofNatural Resources; Department of Social & Health Services; Dept.Archaeology& Historic Preservation SEPA Review; Energy Facility Site Evaluation Council Stephen Posner; Nob Hill Water Bob Irving; Office ofRural & FormworkerHousing Marty Miller; Peterson' Robert; Scott |zutsu Yakima School District; US Army Corps of Engineers David Moore; WA State Parks & Recreation Commission;West Valley School District ' Angela Watts;VVSDOT Paul Gonseth; VV3DOT South Central Regional Planning Office; VVSOOTAviation Patrick Wright;Yakanna Bureau of Indian Affairs Rocco Clark; Yakanna Nation Environmental Management Program Elizabeth Sanchey;Yakama K|ickitat Fisheries John Marvin;Yakima County Building Official - Harold Maclean; Yakima County Commissioners;Yakima County Flood Control District Dianna Woods; Yakima County Flood Control District ' Terry Keenhon;Yakima County Health District; Yakima County Health District ' Ryan |bach;Yakima County Planning Zoning/Sub Jason Eades;Yakima County Planning Director Lynn Deitrick;Yakima County Public Services Director, Vern Redifer;Yakima GreenwayFoundation Ke||ie [onnaughton; Yakima Regional Clean Air Agency HasanTahat;Yakima Valley Conference of Governments Mike Shutt|evvnrth;Yakima Valley Museum John A. Bou|e;Yakima Waste Systems Keith Kova|enko;Assodated Press; Bastine||i' Mike; Brown, Michael; Davido, Sean; El Mundo; El Sol cle Yakima; Fannin, John; Hispanic Chamber of Commerce; KAPPTV News; KBBD KRSERadio - manager; K[]TTVNews; KDNANoticias; � KDNA Radio Francisco Rios; KEPRTV News; K|MATV News; KIT News; ' K|T/KATS/OK4VWVKFFM Lance Torme}; KNO{} TV News; KNDUTV News; KUNVV'TV Univision; KVEW TV News; La Casa Hogar; La Voz; Lozano, Bonnie; NWCN News; NWPR Anna King; RondyLuvaas Yakima Business Times; RCDR Maria D] Rodriguez; Reed [. Pell;Tu Decides;TuDecides Albert Torres;Yakima Herald Republic K4aiHoong; Yakima Herald Republic Newspaper; Yakima School District Jack |/ion; Yakima Valley Business Times;Yakima Valley Business Times George Finch;YPA[ Randy Beeh|er;A| Rose; Alfred A. Rose (silvrfx40@bmi.net);Jacob Liddicoat; Leanne Hughes-Mickel; Patricia Byers; Philip Ostriem; Rob McCormick;White, Jason;William Cook (cook.vv@charteroeU Cc: Calhoun, Joseph Subject: Notice of Application, Preliminary DNS, &YP[ Public Hearing City Planning Z018Text Amendments TXT#002'18 &SEPA#020-18 Attachments: NOTICE OF APPLICATION, PUBLIC HEARING & PRELIMINARY DNS ' City Planning —.pdf Attached imallotice of Application, Preliminary Determination of Non-Significance (DNS), and Public Hearing regarding the above-entitled project. If you have any questions about this proposal ���� ������~ 1 ���'-~=^ �_ �*EX 222 Th please contact assigned plann— Joseph Calhoun at (509) 575-604- Jr email to: joseph.ralhounAyal awa.gov. Thank you! Lisa Maxey Nanning Specialist City of Yakima Nanning Division (509) 576-6669 - Lisa Maxsy@yskimawagey, Planning Division:(509) 575-6183 129 N 2nd Street,Yakima,WA 98901 VAMS*0,1• • " . nnin 2 223 YAKIMA REPUBLIC „„.„0„,„:„, A daily part of your life yakima-herald.com -Ad Proof- This is the proof of your ad scheduled to run on the dates indicated below. Please proof read notice carefully to check spelling and run dates, if you need to make changes Date: 07/18/18 Account#: 110358 Company Name: CITY OF YAKIMA PLANNING Contact: ROSALINDA IBARRA,AP Address: 129 N 2ND STREET YAKIMA,WA 98901-2720 Telephone: (509)575-6164 Fax: Account Rep: Simon Sizer Phone# (509)577-7740 Email: ssizer@yakimaherald.com Ad ID: 827035 Start: 07/20/18 Stop: 07/20/18 Total Cost: $262.80 Lines: 144.0 #of Inserts: 1 Ad Class: 6021 Run Dates: Yakima Herald-Republic 07/20/18 DOOR INDEX # CL, 224 'Ar Notice of Application,Environmental Review,and Public Hearing;Project Location:Citywide Project Applicant:City of Yakima,Planning Division;File Numbers:TXT#002-18,SEPA#020 18;Date of Applica- tion:4/12/18;PROJECT DESCRIPTION;The City of Yakima Planning Division is proposing non-project minor amendments to the City of Yakima's Municipal Code Titles 1, 15,and 16.The proposed amendments will modify the sign code,YMC§15.08.045 Exemptions;Rezone criteria in YMC §15.23.030;Accessory Dwelling Unit Standards in YMC§ 15.09.045 and 15.04.030,Table 4-1;the Modification Chapter in YMC 15.17;Adding a definition and land use for Taxicab Home Occupation in YMC§§15.02.020 and 15.04.120; modifying the district intent statement and permitted uses in the Regional Development(RD)zoning district,YMC§§ 15.03.020 and 15.04.030,Table 4-1;and finally consolidation of Appeals from YMC Ch. 1.43 and YMC§15.16 into YMC Ch.16.08.NOTICE OF ENVIRONMENTAL REVIEW This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Planning Division has been established as the lead agency,pursuant to the Washington State Environmental Policy Act(SEPA)for the above stated project.The City of Yakima is issuing a Preliminary Determination of Non-Significance(DNS)on this project.WAC 197-11-340 is being used.The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposal:No impacts identified. Required Permits—The following local,state and federal permits/approvals are needed for the proposed project: None.Required Studies:None Existing Environmental Documents:Comprehensive Plan 2040-Final Supplemen- tal Environmental Impact Statement(June 13,2017).Pre- liminary determination of the development regulations that will be used for project mitigation and consistency: Future projects will require compliance with the International Building Code,City of Yakima Urban Area Zoning Ordinance, City of Yakima Comprehensive Plan and City of Yakima Title 12 Development Standards.REQUEST FOR WR EN COMMENTS The public is encouraged to review and com- ment on the proposed application.Written comments may be submitted prior to the public hearing scheduled for 9/12/18 or at the public hearing.Please send written comments to:Joan Davenport,AICP,Community Development Director;City of Yakima,Department of Community Development;129 North 2nd Street;Yakima,WA 98901;or email comments to:ask.planning@yaktmawa.gov. OTtC Q PUBLIC'. HEARING This application will require two public hearings; one before the City of Yakima Planning Commission to be followed by a public hearing before the Yakima City Council. The public hearing before the City of Yakima Planning Com- mission has been scheduled for Wednesday 9/12/18,begin- ning at 3:00 p.m.,in the Council Chambers,City Hall, 129 N 2nd Street,Yakima,WA.Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to:City of Yakima,Plan- ning Division, 129 N 2nd St.,Yakima,WA 98901.A separate public notice will be provided for the public hearing before the Yakima City Council.NOTICE OF RECOM- MENDATION The Planning Commission's recommendation and future notices will be sent to anyone who submits com- ments on this application or request additional notice.The file containing the complete application is available for public review at the City of Yakima Planning Division,2nd floor City Hall, 129 North 2nd Street,Yakima,Washington,and online at https://www.yaklmawa gov/services/planning/2018-text- amendments/If you have any question on this proposal, please call Joseph Calhoun,Planning Manager,at(509)575- 6042 or e-mail to:joseph.calhoun +yakimawa,gov. (827035)July 20,2018 Courtesy of Yakima Herald-Republic 225 88.1 E JULY 0 2018 yr Public Leg.,- Public Legal Notices Notices Notice of Application,Environmental Review,and Public Hearing;Project Location:Citywide Project Applicant:City of Yakima,Planning Division;File Numbers:TXT#002-18,SEPA#020 18;Date of Applica- tion:4/12/18;PROJECT DESCRIPTION;The City of Yakima Planning Division is proposing non-project minor amendments to the City of Yakima's Municipal Code Titles 1, 15,and 16.The proposed amendments will modify the sign code,YMC§15.08.045 Exemptions;Rezone criteria in YMC §15.23.030;Accessory Dwelling Unit Standards in YMC§ 15.09.045 and 15.04.030,Table 4-1;the Modification Chapter in YMC 15.17;Adding a definition and land use for Taxicab Home Occupation in YMC§§15.02.020 and 15.04.120; modifying the district intent statement and permitted uses in the Regional Development(RD)zoning district,YMC§§ 15.03.020 and 15.04.030,Table 4-1;and finally consolidation of Appeals from YMC Ch. 1.43 and YMC§15.16 into YMC Ch.16.08.NOTICE OF ENVIRONMENTAL REVIEW This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Planning Division has been established as the lead agency,pursuant to the Washington State Environmental Policy Act(SEPA)for the above stated project.The City of Yakima is issuing a Preliminary Determination of Non-Significance(DNS)on this project.WAC 197-11-340 is being used.The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposal:No, impacts identified. Required Permits—The following local,state and federal permits/approvals are needed for the proposed project: None.Required Studies:None Existing Environmental Documents:Comprehensive Plan 2040-Final SuPpplemen- tal Environmental Impact Statement(June 13,2017),Pre- liminary determination of the development regulations that will be used for project mitigation and consistency: Future projects will require compliance with the International Bullding'Code,City of Yakima Urban Area Zoning Ordinance, City of Yakima Comprehensive Plan and City of Yakima Title 12 Development Standards. COMMENTS The public Is encouraged to review end com- ment on the proposed application.Written comments may be submitted priorto the public hearing scheduled for 9/12/18 or at the public hearing.Please send written comments to:Joan Davenport,AICP,Community Development Director;City of Yakima,Department of Community Development;129 North 2nd Street;Yakima,WA 98901;or email comments• to:ask,planningeyakimawa.gov,NOTICE OF PUOLIC. HEARING This application will require two public hearings; one before the City of Yakima Planning Commission to be followed by a public hearing before the Yakima City Council. The public hearing before the City of Yakima Planning Com- mission has been scheduled for Wednesday 9/12/18,begin- ning at 3:00 p m.,in the Council Chambers,City Hall, 129 N 2nd Street,Yakima,WA.Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to:City of Yakima,Plan- ning Division,129 N 2nd St.,Yakima,WA 98901.A separate public notice will be provided for the public hearing before the Yakima City Council NOTIQE OF RECQM MENpATIONThe Planning Commission's recommendation and future notices will be sent to anyone who submits com- ments on this application or request additional notice.The file containing the complete application is available for public review atthe City of Yakima Planning Division,2nd floor City, Hail 129 North 2nd Street,Yakima,Washington,and online athttps://www'yaklrtiawa.9ov/seryicee/pianni ig/2,018-text- amendmsnts/If you have any question on this proposal, please call Joseph Calhoun,Planning Manager,at(509)575- 6042 or e-mail to: ®r+� (827035)July 20,2018 INDEX 226 EP T ENT OF COMMUNITY DEVEL, VIENT Joan Davenport, AICP, Director Planning Division err Joseph Calhoun, Manager YAKIMA s 129 North Second Street, 2nd Floor,Yakima, WA 98901 ask.planning@yakimawa.gov .yakimawa.gov/services/planning WASHINGTON STATE ENVIRONMENTAL POLICY ACT PRELIMINARY DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON July 20, 2018 PROJECT DESCRIPTION: Environmental Review of text amendments to the City of Yakima's Urban Area Zoning Ordinance Titles1, 15, and 16. The City of Yakima Planning Division is proposing non-project minor amendments to the City of Yakima's Municipal Code Title 15. The proposed amendments will modify the sign code, YMC § 15.08.045 Exemptions; Rezone criteria in YMC § 15.23.030; Accessory Dwelling Unit Standards in YMC § 15.09.045 and 15.04.030, Table 4-1; the Modification Chapter in YMC 15.17; Adding a definition and land use for Taxicab Home Occupation in YMC §§ 15.02.020 and 15.04.120; modifying the district intent statement and permitted uses in the Regional Development (RD) zoning district, YMC §§ 15.03.020 and 15.04.030, Table 4-1; and finally consolidation of Appeals from YMC Ch. 1.43 and YMC § 15.16 into YMC Ch. 16.08. LOCATION: City Limits PARCEL NUMBERS: N/A PROPONENT: City of Yakima Planning Division PROPERTY OWNERS: N/A LEAD AGENCY: City of Yakima FILE NUMBERS: SEPA #020-18 & TXT#002-18 DETERMINATION: The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. ►1 This DNS is issued under WAC 197-11-340; the lead agency will not act on this proposal for 20 days from the date of this preliminary threshold determination. All comments must be submitted by 5:00 pm on August 9, 2018. Responsible Official: Joan Davenport Position/Title: SEPA Responsible Official Phone 1509) 575-6183 Address: 129 N. 2nd Street, Yakima, WA 98901 E�} Date July 20, 2018 Signature di 227 DEPiti(TMENT OF COMMUNITY DEVELGeMENT Planning Division Joan Davenport, AICP, Director 129 North Second Street, 2nd Floor, Yakima, WA 98901 * city OF YMOMA 41 ask.planning@yakimawa.gov • www.yakimawa.goviservices/planning NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW, AND PUBLIC HEARING DATE: July 20, 2018 TO: Interested Parties FROM: Joan Davenport, AICP, Community Development Director SUBJECT: Notice of Application, Environmental Review, and Public Hearing NOTICE OF APPLICATION Project Location: Citywide Project Applicant: City of Yakima, Planning Division File Numbers: TXT#002-18, SEPA#020-18 Date of Application: April 12, 2018 PROJECT DESCRIPTION The City of Yakima Planning Division is proposing non-project minor amendments to the City of Yakima's Municipal Code Titles 1, 15, and 16. The proposed amendments will modify the sign code, YMC § 15.08.045 Exemptions; Rezone criteria in YMC § 15.23.030; Accessory Dwelling Unit Standards in YMC § 15.09.045 and 15.04.030, Table 4-1; the Modification Chapter in YMC 15.17; Adding a definition and land use for Taxicab Home Occupation in YMC §§ 15.02.020 and 15.04.120; modifying the district intent statement and permitted uses in the Regional Development (RD) zoning district, YMC §§ 15.03.020 and 15.04.030, Table 4-1; and finally consolidation of Appeals from YMC Ch. 1.43 and YMC § 15.16 into YMC Ch. 16.08. NOTICE OF ENVIRONMENTAL REVIEW This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Planning Division has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. The City of Yakima is issuing a Preliminary Determination of Non- Significance (DNS) on this project. WAC 197-11-340 is being used. The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposal: No impacts identified Required Permits —The following local, state and federal permits/approvals are needed for the proposed project: None. Required Studies: None Existing Environmental Documents: Comprehensive Plan 2040 - Final Supplemental Environmental Impact Statement (June 13, 2017) Preliminary determination of the development regulations that will be used for project mitigation and consistency: Future projects will require compliance with the International Building Code, City of Yakima Urban Area Zoning Ordinance, City of Yakima Comprehensive Plan and City of Yakima Title 12 Development Standards. DOC. ND. -. 228 REQUEST FOR WRITTEN COMMENTS The public is encouraged to review and comment on the proposed application. Written comments may be submitted prior to the public hearing scheduled for September 12, 2018 or at the public hearing. Please send written comments to: Joan Davenport, AICP, Community Development Director City of Yakima, Department of Community Development 129 North 2nd Street Yakima, WA 98901 or email comments to: ask.piannincayakimawa.qov. NOTICE OF PUBLIC HEARING This application will require two public hearings; one before the City of Yakima Planning Commission to be followed by a public hearing before the Yakima City Council. The public hearing before the City of Yakima Planning Commission has been scheduled for Wednesday September 12, 2018, beginning at 3:00 p.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. A separate public notice will be provided for the public hearing before the Yakima City Council. NOTICE OF RECOMMENDATION The Planning Commission's recommendation and future notices will be sent to anyone who submits comments on this application or request additional notice. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington, and online at htt s://w akimawa. ov/services/ lannin /2018-text-amendments/ If you have any question on this proposal, please call Joseph Calhoun, Planning Manager, at (509) 575-6042 or e-mail to: ioseph.calhoun •,vakimawa.pov. Yakima I I ! • \ ;V, 229 CITY PLANNING — 2018 TEXT AMENDMENTS TXT#002-18 & SEPA#020-18; TXT#003-18 & SEPA#025-18 EXHIBIT LIST CHAPTER E Public Notices — Hotel/Motel/Extended Stay IT4 104.' rt A A .1,1A"06;iA „ A4 tE!;01: 41 E-1 Notice of Application, SEPA- Preliminary Determination of 09/19/2018 Non-Significance & Public Hearing E-la: Legal Notice E-lb: Press Release and Distribution Email E-lc: Parties and Agencies Notified E-1d: Affidavit of Mailing E-2 YPC Agenda and Packet Distribution List 10/04/2018 E-3 YPC Agenda & Sign-In Sheet 10/10/2018 E-4 Notice of Retention of Determination of Non-Significance 10/10/2018 E-4c: Parties and Agencies Notified E-4d: Affidavit of Mailing E-5 Notice of YPC Recommendation to City Council 10/17/2018 (See DOC INDEX#AA-2 for YPC Recommendation) E-5a: Parties and Agencies Notified E-5b: Affidavit of Mailing E-6 Letter of Transmittal to City Clerk: City Council Hearing 10/17/2018 (Mailing Labels) 230 CITY OF YAKIMA, PLANNING DIVISION LETTER F TRANSMITTAL I, Lisa Maxey, as an employee of the City of Yakima, Planning Division, have transmitted to:Sonya Claar-Tee,City Clerk, by hand delivery, the following documents: 1. Mailing labels for CI PLANNING - 2018 'TEXT AMENDMENTS (TXT#00 8 8z SEPA#020-18; 00 18 & SEPA#0 •1 ; including all labels for parties of record. Signed this 17th day of October,2018. Lisa Maxey Planning Specialist —ID 7 .j Received By,, , aff Date: 231 Parties of Record—City Planning 2018 Text Amendments Samuel Cardenas Spsrts.lersoficrri?gmnil,com gjastafiefu?,grnaiI.com John Cooper POBox9696 212N21stAve Yakima, WA 98902 Yakima, WA 98902 sam24hrs=iiihotniail,e,i Jolin@visitvak Una,eom Luz Gutierrez Thomas Sudbury Cristi Taffolla Yakima Valley Lodging 22 S 3rd Ave 213 N 34th Ave 218 N 28th Ave Association Yakima, WA 98902 Yakima, WA 98902 Yakima, WA 98902 P.O. Box 1041 undulee l b&alive,com Yakima, WA 98907 Jon Briggs Clarice Dyer Clarice Dyer 732 Summitview Ave#657 709 S 15`h Ave P.O. Box 2503 Yakima, WA 98902 Yakima, WA 98901 Yakima, WA 98907 bluhawk768l.i grnail.com Id er7 f'ir maill.corn In-House Distribution E-mail List Name Division E-mail Address Carolyn Belles Code Administration CarolynBelles akimawa. ov Glenn Denman Code Administration Glenn.Denman@yakimawa.gov Joe Caruso Code Administration Joe,Caruso@vakimawa, ov Suzanne DeBusschere Code Administration Suzanne.Dcbusschere A yakimawaFgov Vick DeOchoa Code Administration Vick.DeOchoa t akimawa, oy Linda Rossignol Code Administration Linda.Rossignol(7a.,yakimawa.gov John Zabell Code Administration John. Zabell@i,yakimawa.gov Pedro Contreras Code Administration Pedro.Contrerasyakimawa.gov Kelli Horton Code Administration Ke1li.Horton akimawa.gov Joan Davenport Community Development Joan.Davenport@vakimawa.guv Dan Riddle Engineering Dan.Riddle@yakimawa.gov Mike Shane Engineering ` Mike.Shane tyakimawa.gov Pat Reid Fire Dept Pat.Reid@Yakimawa.gov Jeff Cutter Legal Dept JeffCutter@yakitnawa.gov Sara Watkins Legal Dept Sara.Watkins aD akimawa, ov. Archie Matthews ONDS Archie.Matthews@yakimawagov Joseph Calhoun Planning Division Joseph.Calhoun( vakimawa.gov Chief Rizzi Police Department Dominic.Rizzi( yakimawa.gov Scott Schafer Public Works Dept Scott.Schafer@yakimawa,gov Loretta Zammarchi Refuse Division Loretta2ammarchi akimawa,gov Randy Layman Refuse Division Randy,Layman(c yakimawa,gov Naeem Kara Transit Division Naeem.Kara akimawa,gov James Dean Utilities' James.Dean akimawa. ov Dana Kallevig Wastewater Dana.Kallevige akimawe,gov Randy Meloy Wastewater Randy.Meloy{ ,yakiymawa.gav For the Record/File Revised 10/2018 , Type of Notice: i Cat C a /t 1 ca i,--/T File Number: -TXT C " t-1X.:frg'W O`4' S Date of I�V ailibl: 1 //3 l( DOCK Heav;ncc INDEX 232 Maxey, Lisa From: Maxey, Lisa Sent: Wednesday, October 17, 2018 8:06 AM To: Claar Tee, Sonya Subject: Mailing Labels for City Council Hearing - Text Amendments Attachments: In-House Distribution E-mail List_ updated 10.08.2018 Good Morning Sonya, Mailing labels will be delivered to you shortly for the Text Amendments hearing scheduled for Tuesday November 13, 2018. Please also email the notice to In-House Distribution E-mail List updated 10.08,2018 (attached as it was recently updated) and Local Media List 07.05,2018. Please also email the notice to the following parties: johnpvisitvakima.corn Idver73@cimail,com bluhawk7681@gmail.corn pandulcel6Alive.corn angelasoffe@cjrnail.com Spencersoffe@qmaii.corn sam24hrs@hotmail,corn aar7040a,gmail,com silvrfx40@bmi.net jake3dyakima.corn leanne,mickeiame.com patbvers907@msrLcorn Philipostriemgmail.corn robAmccormickaircenter.com cookm@charternet Thank you! Planning,.., aMaxey la Specialist p7 5oan9n.i576.66Div6i9sion ... 129 North 2nd Street, Yakima, Washington, 98901 DOC. INDEX 1 4i' e- (p 233 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: TXT#003-18 & SEPA#025-18 City Planning-Hote otel/Extended Stay N/A I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Yakima Planning Commission's Recommendation to City Council. A true and correct copy of which is enclosed herewith; that said notice was addressed to parties of record, and that said notices were mailed by me on the 17th day of October,2018. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. 40, Lisa Maxey Planning Specialist . • 234 Parties of Record—City Planning—Hotel/Motel and Extended Stay Hotel/Motels—TXT#003-18 & SEPA#025-18 John Cooper Yakima Valley Lodging Association 212N2lstAve P.O. Box 1041 Yakima, WA 98902 Yakima, WA 98907 john visit akima.com In-House Distribution E-mail List Name Division E-mail Address Carolyn Belles Code Administration Carolyn.Belles n yakimawatgov Glenn Denman Code Administration Glenn.Denman�cr�vakimawa.gov Joe Caruso Code Administration Joe.Caruso@Yakimawa.gov Suzanne DeBusschere Code Administration SuzanneDebusschere_@vakimawa.gov Vick DeOchoa Code Administration Vick.DeOch©awaki#nawar ov Linda Rossignol Code Administration Linda.Rossign©Iayakimawa.gov, John Zabell Code Administration John.Zabell@yakimawa.gpvv Pedro Contreras Code Administration Pedro.Contreras c akimawa. ov Kelli Horton Code Administration Kelli.Elorton c akimawa. ov Joan Davenport Community Development Joan.Davenport@yaki►nawa.gov Dan Riddle Engineering Dan.Riddle@yakimawa.gov Mike Shane Engineering Mike.Shane akimawa.gov Pat Reid Fire Dept Pat.Reid akimawa. ov Jeff Cutter Legal Dept Jeff.Cutter@yakimawa.gov Sara Watkins Legal Dept Sara,Watkins yakimawa.gov. Archie Matthews ONDS Archie.Matthews@yakimawa.gov Joseph Calhoun Planning Division Joseph.Calhoun@yAkimawa.gov Chief Rizzi Police Department Dominic.Rizzi akimawa. ov Scott Schafer Public Works Dept Scott.Schafer@yakimawa.gov Loretta Zammarchi Refuse Division Loretta.Zammarchi( akimawa,gov Randy Layman Refuse Division Rand .La man akimawa. ov Naeem Kara Transit Division Naeem.Kara()yakimawa.gov James Dean Utilities James.Dean c►yakimawa.gov_ Dana Kallevig Wastewater Dana.Kallevi akimawa.gov Randy Meloy Wastewater Randy.Meloy rryakimawa,e,ov For the Record/File Revised 10/2018 Type of Notice: iv 'r 1'i,pcmixtric//1)/1- File Number: + r #t ?3 _16 rrI / Date of Mailing: I OP 7 f DOC. INDEX 235 Maxey, Lisa From: Maxey, Lisa Sent: Wednesday, October 17, 2018 9:10 AM To: Belles, Carolyn; Brown, David; Calhoun,Joseph; Caruso, Joe; Contreras, Pedro; Cutter, Jeff; Davenport, Joan; Dean,James; DeBusschere, Suzanne; Denman, Glenn; DeOchoa, Vick; Desgrosellier, Bob; Horton, Kelli; lbarra, Rosalinda; Kallevig, Dana; Kara, Naeem; Layman, Randy; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Reid, Patrick; Riddle, Dan; Rizzi, Dominic; Rossignol, Linda; Schafer, Scott; Shane, Mike;Watkins, Sara; Zabell, John; Zammarchi, Loretta Cc: Calhoun, Joseph Subject: Notice of YPC Recommendation - City Planning - Hotel/Motel/Extended Stay- TXT# 003-18 Attachments: NOTICE OF YPC RECOMMENDATION_City Planning - Hotel-Motel-Extended Stay-....pdf Attached is a Notice of the Yakima Planning Commission's Recommendation to City Council regarding the above-entitled project. If you have any questions about this proposal, please contact assigned planner Joseph Calhoun at (509) 575-6042 or email to: joseph.calhoun 0,yakimawagov. Thank you! Lisa Maxey Planning Specialist Planning Division p: 509.576 6669 129 North 2nd Street, Yakima,Washington, 98901 1 236 DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director Planning Division * cny OF YAKIMA se I Joseph Calhoun, Manager 129 North Second Street, 2nd Floor,Yakima, WA 98901 ask.planning@yakimawa.gov www.yakimawa.goviservices/planning NOTIFICATION OF PLANNING COMMISSION'S RECOMMENDATION TO THE YAKIMA CITY COUNCIL DATE: October 17, 2018 TO: Parties of Record SUBJECT: Notice of Yakima Planning Commission's Recommendation to The Yakima City Council FILE #(S): TXT#003-18 APPLICANT: City of Yakima Planning Division PROJECT LOCATION: N/A On October 16, 2018, the City of Yakima Planning Commission rendered their recommendation on TXT#003-18, proposed amendments to the City of Yakima's Municipal Code Title 15 to add definitions of"Hotel," "Motel," and "Extended Stay Hotel/Motel," and amend YMC § 15.04.030 Table 4-1, Permitted Land Uses. The application was reviewed at an open record public hearing on October 10, 2018. A copy of the Planning Commission's Findings and Recommendation is enclosed. The Planning Commission's Recommendation will be considered by the Yakima City in Council a public hearing to be scheduled. The City Clerk will notify you of the date, time and place of the public hearing. For further information or assistance you may contact Planning Manager Joseph Calhoun at (509) 575-6042 or email to:joseph.ralhoun@yakimawa.go . oseph Calhoun Planning Manager Date of Mailing: October 17,2018 Enclosures: Planning Commission's Recommendation ; r 237 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: TXT#003-18 & SEPA#025-18 City Planning-- Hotel, Motel, and Extended Stay Hotel/Motel N/A I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Retention of DNS. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all parties of record, that are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on this 10th day of October,2018. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. iFtt - Lisa Maxey Planning Specialist Ag 238 Parties of Record—City Planning— Hotel/Motel and Extended Stay Hotel/Motcrs—TXT#003-18 & SEPA#025-18 John Cooper Yakima Valley Lodging Association 212 N 2lst Ave P.O. Box 1041 Yakima, WA 98902 Yakima,WA 98907 iohn ?visityakima.com ................ .... In-House Distribution E-mail List Name Division E-mail Address Carolyn Belles Code Administration Carolvn.Belies(nwakimawa,gov Glenn Denman Code Administration Glenn.Denman@yakimawa.gov Joe Caruso Code Administration Joe.Caruso akimawa. ov Suzanne DeBusschere Code Administration Suzanne.Debusschere@yakimawa.gov Vick DeOchoa Code Administration Vick.DeOchoa c akimawa.gov Linda Rossignol Code Administration Linda,Rossianol c yakimawa.gov John Zabell Code Administration John. Zabell akimawa, ov Pedro Contreras Code Administration Pedro.Conlreras@yakimawa.gov Kelli Horton Code Administration Kelli.Horton@yakimawa.gov Joan Davenport Community Development Joan.Daven ort akimawa. ov Dan Riddle Engineering ©an.Riddle@yakimawa.gov Mike Shane Engineering Mike.Shane vakimawa.gov Pat Reid Fire Dept 1 Pat.Reidwakimawa.gov Jeff Cutter Legal Dept Jeff.Cuner@yakimawa.gov Sara Watkins Legal Dept Sara.Watkins n'}yakimawa.gov. Archie Matthews ONDS Archie,Matthews akimawa. v Joseph Calhoun Planning Division Joseph.Calhoun@yakimawa.gov Chief Rizzi Police Department Dominic.Rizzi@yakimawa.gov Scott Schafer Public Works Dept Scott.Schafera,yakimawa. ov Loretta Zammarchi Refuse Division I,©retta,Zammarchi@yakimawa.gov Randy Layman Refuse Division Randy,Layman't yakimawa.g©v ........................ .. Naeem Kara Transit Division Naeem.Karar,yakimawa.gov ................. James Dean Utilities James.Dean@yakimawa.gov Dana Kallevig Wastewater Dana.Kallevigct vakitnawa.gov Randy Meloy Wastewater Randy.Meloy 'akirnawa,gov For the Record/File Revised 10/2018 Type of Notice: 10-it Of . J b 5 File Number: T 4-00 J 1/ 5epi #0a5-1(5 Date of Mailing: 10 !r /10 DOC, INDEX . . . 239 Department of Agriculture Ahtanum Irrigation District Chamber of Commerce Kelly McLain Beth Ann Brulotte,Executive Assistant 10 North 9th Street PO Box 42560 10705-B Gilbert Road Yakima,WA 98901 Olympia,WA 98504 Yakima,WA 98903-9203 chamber akima,or kFlIctairl.@aftr*"?.0.1i3v bethb@ahtanum.net Dept of Archaeology&Historic Preservation Department of Ecology Department of Commerce Greg Griffith or Gretchen Kaehler,Deputy State Annie Szvetecz,SEPA Policy Lead Growth Management Services Historic Preservation Officer P.O.Box 47703 P.O.Box 42525 P.O.Box 48343 Olympia,WA 98504-7703 Olympia,WA 98504-2525 Olympia,WA 98504-8343 separeitisterPecY.wa.Rov reviewteam@commerce.wa.gov Sepa2da,hp.ways_iy. sepaunit@ecy.wa.gov lort.white@ecy.wa.gov Department of Fish and Wildlife Department of Ecology Department of Fish and Wildlife Eric Bartrand Gwen Clear,Regional Coordinator SEPA Desk 1701 South 24th Ave 1250 West Alder Street PO Box 43200 Yakima,WA 98902 Union Gap,WA 98903 Olympia,WA 98504 Eric.Bartrand@dfw.wa.eoy crosepacoordinator ec .wa. ov SEPAdesk dfw,wa. ov Scott.Downes@dfw.wa.eov Department of Health Department of Natural Resources Department of Social&Health Services Kelly Cooper SEPA Center Terri Sinclair-Olson PO Box 47820 PO Box 47015 : Operations Support and Services Division Olympia,WA 98504 : Olympia,WA 98504 P.O.Box 45848 Kelly.cooPerPdoh.wa.goy, ' sepacenterPdnr.wa,gov Olympia,WA 98504 Terri.Sinctair-Olson@dshs.wa.gov Engineering Division Energy Facility Site Evaluation Council-EFSEC Nob Hill Water Association Bob Degrosellier and Brett Sheffield,City Stephen Posner,SEPA Officer Bob Irving,Engineering Technician Engineer PO Box 43172 6111 Tieton Drive 129 N 2nd Street Olympia,WA 98504-3172 Yakima,WA 98908 Yakima,WA 98901 sposner utc.wa. ov bottiPtiobhillwater.org dana.kallevigçyawa. ov Parks&Recreation Commission ' US Army Corps of Engineers Office of Rural and Farm Worker Housing Jessica Logan . . Seattle District Marty Miller PO Box 42560 Regulatory Branch 1400 Summitview Ave,Ste#203 . Olympia,WA 98504 P.O.Box 3755 Yakima,WA 98902 i Jessica.lo an arks.wa. ov Seattle,WA 98124-3755 Ma m2 orfh.or david.j,moore@usace.army.rnit Wastewater Division West Valley School District WSDOT Marc Cawley or Dana Kallevig Angela Watts,Asst.Supt.Of Business& Paul Gonseth,Planning Engineer 2220 East Viola Ave Operations 2809 Rudkin Road Yakima,WA 98901 8902 Zier Road Union Gap,WA 98903 marc.cawle akimawa. ov Yakima,WA 98908-9299 gjfwsdotgov dana.kallevieryakimawa.gov wattsa wvsd208,or WSDOT,Aviation Division Yakama Bureau of Indian Affairs WSDOT Patrick Wright Rocco Clark,Environmental Coordinator South Central Region!Planning Office 7702 Terminal St SW P.O.Box 632 SCplanning@wsdot.wajzov Tumwater,WA 98501 Toppenish,WA 98948 1AI rightP0Owsdot.wa.gov Rocco.clark bla. ov Yakama Nation Environmental Mgmt Program Yakama-Klickitat Fisheries Project Yakima Air Terminal Elizabeth Sanchey,Environmental Review John Marvin Robert Peterson,Airport Asst Manager Coordinator 760 Pence Road 2400 West Washington Ave P.O.Box 151 Yakima,WA 98909 Yakima,WA 98903 Toppenish,WA 98948 jmarvin akama.com ' robert,petersonPyakimawa,Rov esanchey@akerriasorn . Yakima County Flood Control District Yakima County Health District Yakima County Commissioners Terry Keenhan&Dianna Woods . Ryan lbach,Director of Environmental Health Commissioners,web@co.yakima.wa.us 128 North 2nd Street,40 Floor ] 1210 Ahtanum Ridge Dr Ste#200 Yakima,WA 98901 Union Gap,WA 98903 * E c Ti yhd@cp.yakima.wa.us Dianna.Woods@co.yakiina.wa.us an.ibach co. akima.wa.us Yakima County Planning Yakima County Public Services , Yakima Greenway Foundation Lynn Deitrick&Jason Earles Vern Redifer,Public Services Director . Kellie Connaughton,Executive Director 128 North 2nd Street,4th Floor 128 North 2nd Street,4th Floor Yakima,WA 98901 Yakima,WA 98901 111 South 18th Street ,( Lynn,Deitrickeco.yakime.wa.us Yakima,WA 98901 Vern.redifer@co,yakima.wa.us 1 „lason.Earles co. akima,wa.us keine akima reenwa .or 240 241 Century Link . Charter Communications of Union Gap Manager Kevn[hi|cote Dennis Henne, Development Director 8 South 2ndAve, Rmh304 IO05 North I5thAve P.O. Box 3OO8 Yakima,VVA889OZ | Yakima,VVA9@9O2 Union Gap,VV49Q903 Department ofAgriculture Environmental Protection Agency Federal Aviation Administration Kelly McLain NEPA Review Unit 22OOVV�Washington Ave � P.O. Box 4256O 12OO6th Ave#9OO Yakima,VVA989O3 Olympia,VVA98504 Seattle,VVA981O1 Federal Aviation Administration,Seattle � Governor's Office of Indian Affairs Pacific Power Airports District Office PO � Mike Paulson [ay|axxonQan'4i/po�p|anner ' \GOs Lind Ave SW Olympia,VVA98SO4 500 North Keys Rd Renton,VVA98O5S4OsG � Yakima,VVA9@9O1 Soil Conservation District Trolleys United States Postal Service RayVVondercheck Paul Edmondson K4aintenanceDeptartment 18O8 Perry Street,Ste. p / ]1] North 3/dStreet 2D5VV Washington Ave Yakima,VVA989QI | Yakima,VVA98901 Yakima,VVA989D3 VVA State Attorney GeneraysDfhce | sagemorinkin�»«��e'Qpe�t|n»s Ymkama Bureau mf Indian Affairs 1433 Lakeside Cour�Ste#1OZ | ' axe'«iew��rpor�teC�n*er � Superintendent i zG2Ozs Indiana ��z5OO Yakima,VVA98902 Ave,' � P.O. Box GS2 Spokane Valley,vvA9g2z6 . | Tuppenish,VVA98g48 vakama Indian Nation Johnson xxeninick'Cultural Resources Yokan«o Indian Nation Yakima School District Program Ruth Jim,Yakima Tribal Council Dr.Jack|rion'Superintendent p.O.Box 15z p.O. Box l51 1O4 North 4thAve Toppen|sh'vvA98948 ToPPenish,VVA98940 � { yoWma'yyA889O2 Yakima Valley Canal Cm Ymkima-Tie{on Irrigation District Cascade Natural Gas Robert Smoot Sandra Hull 81I3VVGrandridgeBlvd | 1640GarnetsonLane 47O Camp 4Rd Kennewick,VVAB923§ Yakima,VVA989Q8 Yakima,VVA9#9U8 � US Army Corps mfEngineers IrrigationAhtanurn ^ Seattle District Beth Ann Bm|otte, Executive Assistant 1U7O5-BGUbe�Road � Regulatory Branch � Pll8ox3755 � Yakima,VVA909D3 � � Seatt|�NA98�4 755 and mRMS\SmA REVIEWING AGENCIES_updated zz.18 w""ust.do= Type of��o/ce: xV���� -- _-- -' -- , ����� �_�7� ^FO�Nunnber� �����/_ »o w��� ��k�«°����"�� V��^�-��� ' Date of 242 Maxey, From: Maxey Lisa Sent: VVednesday, October 1O. 2018 11:51 AM To: Belles, Carolyn; Brown, David; Calhoun,Joseph; Caruso, Joe; Contreras, Pedro; Cutter, Jeff; Davenport Joan; Dean,James; DeDusschene, Suzanne; Denman, Glenn; DeOchoa' Vick; DesgnoseUier, Bob; Horton, KeUi; |barra' Rosa|inda; KaUevig' Dana; Kara, Naeem; Lavman, Randy; Matthews, Archie; Maxey, Lisa; K4e|oy, Randy; Reid, Patrick; Riddle, Dan; Rizzi' Dominic; Rossignoi Linda; Schafer, Scott; Shane, Mike;Watkins, Sara;ZobeU'John; Zammorchi Luretta;Ahtanum Irrigation District Beth Ann 8nu|otte; Cawley, Marc; Chamber of Commerce; Department of Agriculture; Department of Commerce (CTED) Review Team; Department of Ecology; Department ofEcology Loh White; Department uf Ecology ' SEPA Register; Department of Ecology -CRDCoordinator; Department of Fish and Wildlife; Department of Fish and Wildlife Eric Bartrand; Department of Fish and Wildlife Scott Downes; Department of Natural Resources; Department ofSocial 2k Health Services; Dept.Archaeology& Historic Preservation SEPAReview; Energy Facility Site Evaluation Council ' 3tephen Posner; Nob Hill Water Bob Irving; Office of Rural 81FarmworkerHousing Marty Miller; Peterson, Robert; Scott |zutsu Yakima School District; US Army Corps ofEngineers David Moore;VVAState Porksfk Recreation Commission;West Valley School District Angela Watts; VVSDOT Paul Gonseth;VVSDOT South Central Regional Planning Office;VV6DDTAviation ' Patrick VVright; Yakama Bureau of Indian Affairs Rocco C|a/k;Yakema Nation Environmental Management Program Elizabeth Sonchey;Yakanna K|ickitot Fisheries John Marvin; Yakima County Building Official Harold Maclean; Yakima County Commissioners; Yakima County Flood Control District Dianna Woods;Yakima County Flood Control District Terry Keenhan; Yakima County Health District; Yakima County Health District Ryan |boch;Yakima County Planning Zoning/Sub Jason Eades;Yakima County Planning Director Lynn Deitrick; Yakima County Public Services Director, Vern Redifer; Yakima Greenway Foundation Kp||ie [onnaughton; Yakima Regional Clean Air Agency � Hasan Tahat;Yakima Valley Conference of Governments Mike Shutt|eworth;Yakima Valley Museum John A. Bau|e;Yakima Waste Systems Keith Kova|enko;A| Rose; Alfred A. Rose (si|vrfx40@bmi.net);Jacob Liddicoat Leanne Hughes-Mickel; Patricia Byers; Philip Ostriem; Rub McCormick;White, Jason; VVi||iem Cook (cook.vv@charter.net) Cc: Calhoun,Joseph Subject: Notice of Retention of DNS City Planning Hotel, Motel fk Extended StayHnte|/K4ote| TXT#003 18 8& 3EPA#02E 18 Attachments: NOTICE OF RETENTION OF DN3_[ityP|onning Hotel-Motel Extended3tay T....pdf Attached is a Notice of Retention of Determination of Non-Significance (DNS) regarding the above-entitled project. If you have any questions about this proposal, please contact assigned planner Joseph Calhoun at (508) 575-6042 or eOlBi| to: .ca~o akima . Thank you! 'Lisa Maxey Planning Specialist OAR P|@OO|Dg Division p: 5U0.570.0G8O 120 North 2nd Street, Yakima,Washington, O89U1 A.��" INSEX 243 DEP. TMENT OF COMM DEVEL MENT Joan Davenport, AMP, Director Planning Division �� OF MA Joseph Calhoun,Manager I lit 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov ° .yakimawa.gov/services/planning WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NON-SIGNIFICANCE NOTICE OF RETENTION CITY OF YAKI A, WASHINGTON October 10, 2018 File Numbers: SEPA#025-18 The City of Yakima Department of Community Development issued a [X] Determination of Nonsignificance (DNS), [ ] Mitigated Determination of Nonsignificance (MDNS), [ ] Modified DNS/MDNS, on September 19, 2018, for this proposal under the State Environmental Policy Act (SEPA) and WAC 197-11-340. This retention concerns a State Environmental Policy Act (SEPA) Review for text amendments to the City of Yakima's Urban Area Zoning Ordinance Title 15. The proposed amendments will add definitions of"Hotel," "Motel," and "Extended Stay Hotel/Motel," and amend Yakima Municipal Code § 15.04.030 Table 4-1, Permitted Land Uses. This threshold determination is hereby: [X] Retained [ ] Modified. Modifications to this threshold determination include the following: [ ] Withdrawn. This threshold determination has been withdrawn due to the following:.: [ ] Delayed. A final threshold determination has been delayed due to the following: Summary of Comments and Responses (if applicable): N/A Responsible official: Joan Davenport, AICP Position/Title: Community Development Director/SEPA Responsible Official Phone: (509) 575-6183 Address: 129 N 2nd Street, Yakima, WA 98901 Date: October 10, 2018 Signature: x{ " You may appeal this determination to Joan Dave .art, City of Yakima ommunity Development Director, at 129 N 2nd St., Yakima, WA 98901, no later than April 11, 2018. You must submit a completed appeal application form with the $580 application fee. Be prepared to make specific factual objections. Contact the City of Yakima, Planning Division, for information on appeal procedures. 244 DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director Planning Division •It (7,1 ry OF YAKIMA I Joseph Calhoun,Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov www.yakimawa.gov/services/planning City of Yakima Planning Commission PUBLIC HEARING City Hall Council Chambers Wednesday October 10,2018 3:00 p.m.—5:00 p.m. YPC Members: Chairwoman Patricia Byers,Vice-Chair Al Rose,Bill Cook,Jacob Liddicoat,Robert McCormick, Leanne Hughes-Mickel,and Philip Ostriem Council Liaison:Jason White City Planning Staff: Joan Davenport(Community Development Director);Joseph Calhoun(Planning Manager); Eric Crowell(Associate Planner);Trevor Martin(Associate Planner); CoReda Monick(Assistant Planner);RosaEnda Ibarra(Administrative Assistant); and Lisa Maxey(Planning Specialist) AGENDA I. Call to Order II. Roll Call III, Staff Announcements IV. Audience Participation V. Approval of Meeting Minutes of September 26,2018 and Approval of Revision of Meeting Minutes of August 8,2018 That Were Previously Approved VI. Public Hearing-Hotel,Motel,and Extended Stay Hotel/Motels Applicant: City of Yakima Planning Division File Numbers: TXT#003-18&SEPA#025-18 Site Address: N/A Request: Amendments to the City of Yakima's Municipal Code Title 15 to add definitions of"Hotel," "Motel,"and"Extended Stay Hotel/Motel,"and amend YMC§15.04.030 Table 4-1,Permitted Land Uses. VII, Other Business VIII. Adjourn Next Meeting:October 24,2018 yokomp 111 2019: 1994 245 Nanning SIGN-IN SHEET P annIng City of Yakima Planning Commission City Hall Council Chambers Wednesday October 10, 2018 Beginning at 3:00 p.m. Public Hearing *PLEASE WRITE LEGIBLY* n r w wnnw• v ••:•••••••• w . ::::::�:.v:::w:•• wr r:�w Y:ww n� r rr ww r•w::r:::: vvw r w:w�:: ::: :::w::::: ...... +r.+� +'x.,t ♦. .. ...... ::�::. ., .... .,, ...... .:::... }.w:: :.w.w.w:::::::.w. xa....x�:r.......... + .. •�:�:::ry..::::. ..... .v........w.w v. :... ...w::w.w. ........ ........ .v. r�::::.w.v....w....w.w.. .. ..... .w.. ... .. ............................... •. %:.w....::.w:...:::::::::w:�:::: ::::.w�::..:..::w��::.v... • �• .:.., r�v.�:v%:�:' �...... ...v.v... .....w�� � w.... .....":w.�.; {{;.;.;::. � vw. �. r::r::rw:Y:t:::r:::"%r.�t::::..w....v ... .....w:'.v..'rrC•..:.w.w... .. .w.xx::�:rm .;r � ...w.w: }r.., r.::t;.;.:.•:: ...., ..w.. ..... .• ..:;:v. .v..w:. z. .x..• .....• .w:.w:. r::.w.w.: r ,.+ .... w.w::.;.;;.: .......vvw.v:.:;•r .........w:::�.:.vww.w:..:.w.. +, w...7+x•. >• +i+x'. �:::::.v•w.v:.r:...w.w:::::.w.:::.v.:.'. :::;:r. w::::::.;�:::::.w r:::::r.::::::•.:.r •v... ti r:: :::::.w....w..w.v.w.v.. ....:v:: w:::::v..w::::.v...w:.•. ii N k •...:�:.:..• .. ::. . . .x�:::::.v x;.w:..v.� _..... a:�::� �i,�s 9 i ..;a $ :��;:1: ....................................._...vw.�;. ..w.w:., x:: m.. :.:.:�.... ..... .... �:::�w•.vw..r:..x:".. � ��' _. . ' .>.+r �� »x �Y� v ' �.r :. ..v t (i 000601 yoi '*is Her-Q..I 4 1 Page �•••w� g 10/10/2018 YPC P '*`It ' aria g INDEX 246 YPC Staff Report & Packet Distribution List City Planning— Hotel/Motel & Extended Stay Hotel/Motels TXT#003-18 & SEPA#025-18 YPC PACKET: Patricia Byers Al Rose BID Cook Patbyers901@msn.corn Silvrfx40@bmi.net Cook.w@charternet aar7040@gmail.com Rob McCormick Jake Liddicoat Leanne Hughes-Mickel rob@reccorrnickaircenter:corn iake(D3dyakimacorn leanne.rnickel@rnecorn Philip Ostriem PhilipostriemiDernail:corn Date Distributed: 1'1 i q i 247 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: TXT#003-18 & SEPA#025-18 City Planning Hote otel &Extended Stay Hotel/Motels N/A I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Application, Environmental Review, and Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to interested parties/parties of record and SEPA reviewing agencies, and that said notices were mailed by me on the 19nd day of September,2018. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Planning Specialist I : . 248 ' . Department of Agriculture Ahtanum Irrigation District Chamber of Commerce Kelly McLain Beth Ann Brulotte,Executive Assistant : 10 North 9th Street PO Box 42560 10705-B Gilbert Road Yakima,WA 98901 Olympia,WA 98504 Yakima,WA 98903-9203 chamber@yakima.org kmclain@agr.wLgov bethbOahtanummet Dept of Archaeology&Historic Preservation : Department of Ecology Department of Commerce Greg Griffith or Gretchen Kaehler,Deputy State Annie Szvetecz,SEPA Policy Lead Growth Management Services Historic Preservation Officer P.O.Box 47703 P.O.Box 42525 P.O.Box 48343 Olympia,WA 98504-7703 , Olympia,WA 98504-2525 Olympia,WA 98504-8343 separe ister et wa, ov reviewteamPcommerce.waAoy Se a dah .wa. ov smaunitPecy.wa ft.riov lowhitefajecy,wa.gov Department of Fish and Wildlife Department of Ecology Department of Fish and Wildlife Eric Bartrand Gwen Clear,Regional Coordinator SEPA Desk 1701 South 24th Ave 1250 West Alder Street PO Box 43200 Yakima,WA 98902 Union Gap,WA 98903 Olympia,WA 98504 Eric.Bartrand@dfw.wa.gov crone acoordinator e .wa. ov 1 SEPAdeskeadfw.wa.gov Scott.Downespdfw.wa.gov Department of Health Department of Natural Resources Department of Social&Health Services Kelly Cooper SEPA Center Terri Sinclair-Olson PO Box 47820 : PO Box 47015 Operations Support and Services Division Olympia,WA 98504 Olympia,WA 98504 P.O.Box 45848 KgIly.coo er doh.wa,gov sepacenter@dnr.wa.gov Olympia,WA 98504 Terri.Sinclair-Olson dshs.wa. ov ....... Engineering Division Energy Facility Site Evaluation Council-EFSEC Nob Hill Water Association Bob Degrosellier and Brett Sheffield,City Stephen Posner,SEPA Officer " Bob Irving,Engineering Technician Engineer PO Box 43172 6111 Tieton Drive 129 N 2nd Street Olympia,WA 98504-3172 Yakima,WA 98908 Yakima,WA 98901 sposper@utc.wa.Rov bb@bhjjldana.kallevg@vakimawa.govi Parks&Recreation Commission US Army Corps of Engineers Office of Rural and Farm Worker Housing Jessica Logan Seattle District Marty Miller PO Box 42560 Regulatory Branch 1400 Summitview Ave,Stell 203 Olympia,WA 98504 P.O.Box 3755 Yakima,WA 98902 Jessica.lo an arks.wa. ov Seattle,WA 98124-3755 Martym2Porfh.org davici.i.moore@usace,army.mil Wastewater Division West Valley School District WSDOT Marc Cawley or Dana Kallevig Angela Watts,Asst.Supt.Of Business& Paul Gonseth,Planning Engineer 2220 East Viola Ave Operations 2809 Rudkin Road Yakima,WA 98901 8902 Zier Road Union Gap,WA 98903 marc.cawle akimawa. ov Yakima,WA 98908-9299 gonseto@wsdot.gov dana.kallevi akimawa. ov ] wattsa@wvsd208.org WSDOT,Aviation Division Yakama Bureau of Indian Affairs WSDOT . Patrick Wright Rocco Clark,Environmental Coordinator South Central Regionl Planning Office : 7702 Terminal St SW P.O.Box 632 SCplanninetawsdotwa.gpv Tumwater,WA 98501 Toppenish,WA 98948 WriehtP@wsdot.wa.,gov Rocco,clark bia. ov Yakama Nation Environmental Mgmt Program Yakama-Klickitat Fisheries Project Yakima Air Terminal Elizabeth Sanchey,Environmental Review John Marvin Robert Peterson,Airport Asst Manager Coordinator 760 Pence Road 2400 West Washington Ave P.O.Box 151 Yakima,WA 98909 Yakima,WA 98903 Toppenish,WA 98948 imarvin@yakama.com robert. eterson akimawa.gov gsanch ak ma.com Yakima County Flood Control District Yakima County Health District Yakima County Commissioners Terry Keenhan&Dianna Woods Ryan lbach,Director of Environmental Health Commissioners.web@co.yakima.wa.us 128 North 2nd Street,40,Floor 1210 Ahtanum Ridge Dr Steff200 * Yakima,WA 98901 Union Gap,WA 98903 . 0 : Ter ,Keenhan co, aklma,wa.us yhd(E0coyakimawaus Dianna,Woodspco.yakima.wa+us ill C7 0 rYan.ibacheco.yakima.wa.us Yakima County Planning Yakima County Public Services Yakima Greenway Foundation Lynn Deitrick&Jason Earles Vern Redifer,Public Services Director 0 Kellie Connaughton,Executive Director 128 North 2nd Street,4th Floor " 128 North 2nd Street,4th Floor Yakima,WA 98901 Yakima,WA 98901 111 South 18th Street Lynn.Deitrick@coyakirra*wa.us Yakima,WA 98901 Vern.redifer@coNakima.wa.us Jason,Earles@co.yakima.wa.us kelliepyakjrnagreenwaymis 249 Yakima Regional Clean Air Agency Hasan Tahat,Engineering&Planning Supervisor Yakima School District Yakima Valley Conference of Governments 329 North 1st Street Scott Izutsu,Associate Superintendent Mike Shuttleworth,Planning Manager Yakima,WA 989re 104 N 4'h Ave 311 North 4th Street,Ste#202 Yakima, rcaa � Yakima,WA 98902 Yakima,WA 98901 izufsu.scott yakimaschools.org Mike.shuttiewortli vcol; rp Yakima Valley Museum Yakima Waste Systems John A. auie,Director Keith Kovalenko,District Manager John Tieton Drive 2812 1/2 Terrace Heights Dr. 2105 Yakima,WA 98901 Yakima,WA 98902 ohnyakimavalleyraauseumor keithk c�wasteconnectfdes,cttret ' ono - Century Link � Charter Communications City of Union Gap Manager KevinChi|cote Dennis Henne, Development Director 85outh 2ndAve Rm#304 1005 North 16thAve P.O. Box30OQ Yakima,VVA989OZ ' Yakima,VVA989OZ Union Gap,VVA98903 _ Department ofAgriculture Environmental Protection Agency Federal Aviation Administration Kelly McLain NEPARnview Unit 2200VV.Washington Ave P.O. Box 4256O 12O06th Ave#9UO Yakima,VVA989O3 Olympia,VVA985O4 Seattle,VVA981O1 Federal Aviation Administration,Seattle Governor's Office uf Indian Affairs Pacific Power Airports District Office PO Box 409O9 Mike Paulson Cay|a Morgan,Airport Planner z6Oz Lind Ave gw Olympia,VVA98SO4 SO0 North Keys Rd Renton,Vvx98055-4Os6 . ' Yakima,VYA989O1 - - Soi|[onoemation District Trolleys United States Postal Service RayVVondercheck Paul Edmondson Maintenance Deptartment 1606 Perry Street,Ste. F 313 North 3rd Street . Z0SVV Washington Ave Yakima,VVA98902 Yakima,VVA989Ol Yakima, VVA989O3 � VVA State Attorney General's Office Eastern Drinking Water Operations Yakama Bureau of Indian Affairs 1433 Lakeside Court,Ste#1O2 River View Corporate Center Superintendent z§aOzc Indiana e��s0U Yakima,VVA9D9O2 Ave,' P.O. BuxG]2 Spokane vaUe�vvA99Zz6 . ' Toppenish,VVA98948 Yakama Indian Nation Johnson Menin|ckCuku�|Ke*uuoe Yahama Indian Natinn Yakima School District Program Ruth Jim,Yakima Tribal Council Dr.Jack|rion,Superintendent P.O.Box zsz P.O. B««151 104 North 4thAve Toppenish,vvA98948 ToPPenish'VVA98948 ' Yakima,VVA989UZ � Yakima Valley Canal[o Yakima-Tieton Irrigation District Cascade Natural Gas Robert Smoot Sandra Hull ' 8113VVGmndrid8e Blvd 1640Garretson Lane 470 Camp Rd Kennewick,VVA99336 Yakima,VVA9O908 Yakima,VVA989U8 Ahtanum Irrigation District U5 Army Corps cfEngineers . Beth Ann Bru|otte, Executive Asist Seattle District�nt � 1O705-8 Gilbert Road Regulatory Branch Yakima,VVA98903 P.O. Box3755 Seattle, VVA98l24-3Y55 \\Apollo\Shared\Planning\Assignments-Planning\LABELS and FORMS\SEPA REVIEWING AGENCIES_upd*edzz18 Formust.o"cx Type mfNotice: ' 0�L ��� �m q�/�3� =L � ' v\�x� / ���, � ka��� ' File Number: —��-� —��to Date ofMailing: C / //l A ���k0� �"��~ N��V����� �,���m=�� \ 251 Parties of Record—City Planning—Hotel/Motel and Extended Stay Hotel/Motels—TXT#003-18 & SEPA#025-18 John Cooper 212 N 21"Ave Yakima, WA 98902 john@yisityakima,com In-House Distribution E-mail List Name Division E-mail Address Carolyn Belles Code Administration Carolyn.Belles akimawa.gov Glenn Denman Code Administration G lerm.Dennian ,yak i ma wa,gov Joe Caruso Code Administration J oc.Caruso(" vak imawas_ov Suzanne DeBusschere Code Administration Suzanne.Debusschere yakimawa,gov Vick DeOchoa Code Administration Vick.DeOeho akimawa. ov Joan Davenport Community Development Joan.Davenportgyakirnawa.gov Dan Riddle Engineering Dan.Riddle@yakimawa.g,ov Mike Shane Engineering Mike.Shane@yakimawa.gov Pat Reid Fire Dept Pat,Reld ,yakiniawa.gpv Jeff Cutter Legal Dept JetT.Cutter akiinawa.gov Sara Watkins Legal Dept Sara.Watkins ak imawa, Archie Matthews ONDS Archie.Matthews akimawa.g_ov Joseph Calhoun Planning Division Joseph.CalhounAvakimawa.gov Chief Rizzi Police Dept tment Dominic.Rizzi akimawa.00v Scott Schafer Public Works Dept Scott.Schafer@yakiinawa.gov Loretta Zammarchi Refuse Division Lorettalammarchi@yakimawa.gov Randy Layman Refuse Division Rand la man akimawa. ov Naeem Kara Transit Division Naeem.Karagyakimawa.gov James Dean Utilities James.Dean akimawa,ggy Dana Kallevig Wastewater Dana.Kalleviayakimawa.gov Randy Meloy Wastewater Randy.Meloy. vakimawa.gov For the Record/File Revised 04/2018 Type of Notice: Nkc of qicthapi saxi-Yezpiki File Number: TXT#0031-18/56244:t 0,92S-16 Date of Mailing: q A q / 8 DOC. INDEX # 1 C 252 Maxey, Lisa == From: K4axey, Lisa Sant: Wednesday, September 19' 2U188:41 AM To: Belles, Carolyn; 8vovvn' David; Calhoun, Joseph; Caruso,Joe; Cutter,Jeff, Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; DeOchoa, Vick; Desgrosellier, Bob; |barra. Roso|inda; KaUevig' Dana; Kara, Naeem; Layman, Randy; Matthews, Archie; Maxey Lisa; K4e|oy, Randy; Reid' Patrick; Riddle, Dan; Rizzi' Dominic; Schafer, Scott; Shane' Mike;Watkins, Saro;Zammarchi Loretta Ahtanum Irrigation District Beth Ann 8ru|otte; Cawley, Marc; Chamber ofCommerce; Department of Agriculture; Department of Commerce (CTED) Review Team; Department ofEcology; Department ofEcology Lori White; Department of Ecology SEPA Register; Department of Ecology'CRO Coordinator; Department of Fish and Wildlife; Department of Fish and Wildlife Eric Bartrand; Department ofFish and Wildlife Scott Downes; Department ofNatural Resources; Department of Social & Health Services; Dept.Archaeology& Historic Preservation SEPA Review; Energy Facility Site Evaluation Council Stephen Posner; Nob Hill Water Bob Irving; Office ofRural fbFarmwnrkerHousing Marty Miller; Peterson, Robert; Scott |zutsu Yakima School District; US Army Corps of Engineers David Moore;VVAState Parksf& Recreation Commission;West Valley School District Angela Watts;VVSDOT Paul Gonseth; VVSDOT South Central Regional Planning Office; VVSDDT Aviation Patrick Wright; Yekenna Bureau of Indian Affairs Rocco Clark; Yakanna Nation Environmental Management Program Elizabeth Sanchey;Yakomna K|ickitat Fisheries John Marvin;Yakima County Building Official Harold Maclean; Yakima County Commissioners; Yakima County Flood Control District Dianna Woods; Yakima County Flood Control District - Terry Keenhan;Yakima County Health District; Yakima County Health District Ryan |boch;Yakima County Planning Zoning/Sub Jason Eades;Yakima County Planning Director Lynn Deitrick; Yakima County Public Services Director, Vern Redifer; Yakima Greenway Foundation Ke||ie [onnaughton; Yakima Regional Clean Air Agency Hasan Tahat;Yakima Valley Conference of Governments Mike Shutt|ewnrth; Yakima Valley Museum John A. 8uu|e;Yakima Waste Systems Keith Kova|enko; A| Rose;Alfred A. Rose (si|vdx40@bminet);]acob Liddicoat; Leanne Hughes K1icke|; Patricio8yers; Phi|ipOstriem; RobMc[ormirk;VVhite' Jason; William Cook(cook.vv@charter.net);Associated Press; BastineUi' Mike; Brown' Michael; Davido, Sean; El Mundo; El Sol de Yakima; Fannin,John; Hispanic Chamber of Commerce; KAPPTV News KB8O'KRSE Radio manager; K[]TTV News KDNA Nobcias KONA Radio - Francisco Rios; KEPRTV News; K|K4ATV News; KIT News; K|T/KATS/ONYVVV KFFN1 Lance Tornoe}; KNDO TV News; KNOU TV News; KUNVV-TV Univision; KVEVVTV News; La Casa Hogar; LaVoz; Lozano, Bonnie; NVV[N News; NVVPR Anna King; RandyLuvoas Yakima Business Times; R[DR Maria D] Rodriguez; Reed C. Pell; Tu Decides;Tu Decides Albert Torres; Yakima Herald Republic K4oi Hoang; Yakima Herald Republic Newspaper; Yakima School District Jack |rion;Yakima Valley Business Times; Yakima Valley Business Times George Finch; YPAC Randy8eeh/er Cc: Calhoun,Joseph Subject: Notice of Application, SEPA& Public Hearing City Planning Hotel/Motel/Extended Stay TXT#003 18 &3EPA#025 18 Attachments: NOTICE C)F APPLICATION, SEPA & PUBLIC HEARING City Planning Hotel-Mot....pdf Attached is a Notice of Application, SEPA Environmental Review, and Public Hearing regarding the above- entitled project. If you have any questions about this proposal, please contact assigned planner Joseph Calhoun at (509) 575-6042 or email to: Thank you! ������ ~°�~�w. z 14M � \ A ��� ~\ 253 Lisa axey Nanning Specialist City of Yakima Inning Division (509) 576-6669 LisaMaxey@yakirnaw9,go Planning Division:(509) 575-6183 129 N 2nd Street,Yakima,WA 98901 nntri 254 AKIAIIERALf ft a g a A daily part of your life • ji yakima-heraid.com wpm A $ $ This is the proof of your ad scheduled to run on the dates indicated below. Please proof read notice carefully to check spelling and run dates, if you need to make changes Date: 09/17/18 Account#: 110358 Company Name: CITY OF YAKIMA PLANNING Contact: ROSALINDA 1BARRA,AP Address: 129 N 2ND STREET YAKIMA,WA 98901-2720 Telephone: (509)575-6164 Fax: Account Rep: Simon Sizer Phone# (509)577-7740 Email: ssizer*,yakimaherald.com Ad ID: 839193 Start: 09/19/18 Stop: 09/19/18 Total Cost: $226.30 Lines: 124.0 #of Inserts: 1 Ad Class: 6021 Run Dates: Yakima herald-Republic ()9/I 9/I 8 255 CITY OF YAKIMA NOTICE OF APPLICATION,ENVIRONMENTAL REVIEW, AND PUBLIC HEARING Date: 9/19/18; Project Location:Citywide; Project Appli- cant: City of Yakima, Planning Division; File#:TXT#003-18, SEPA#025-18; Date of App:9/19/18 Project Description: The City of Yakima Planning Division is proposing non-project minor amendments to the City of Yakima's Municipal Code Title 15 to add definitions of"Hotel,""Motel,"and"Extended Stay Hotel/Motel,"and amend Yakima Municipal Code§ 15.04.030 Table 4-1, Permitted Land Uses;NOTICE OF ENVI- RONMENTAL REVIEW:This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Planning Division has been established as the lead agency, pursuant to the Washington State Envi- ronmental Policy Act(SEPA)for the above stated project.The City of Yakima is issuing a Preliminary Determination of Non-Significance(DNS)on this project.WAC 197-11-340 is being used.The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposal: No impacts identified;Required Permits—The following local,state and federal permits/approvals are needed for the proposed project: None;Required Studies: None; Existing Environmental Documents: None; Preliminary determination of the development regulations that will be used for project mitigation and consistency: Future projects will require compliance with the International Build- ing Code,City of Yakima Urban Area Zoning Ordinance,City of Yakima Comprehensive Plan and City of Yakima Title 12 Development Standards; REQUEST FOR WRITTEN COM- MENTS:The public is encouraged to review and comment on the proposed application.Written comments may be submitted prior to the public hearing scheduled for October 10,2018,or at the public hearing. Please send written comments to:Joan Davenport,AICP,Community Development Director,City of Yakima,Department of Community Development,129 North 2nd Street,Yakima,WA 98901,or email comments to: n" im . v. Please reference the file numbers(TXT#003-18,SEPA#025-18)in any correspondence you submit. NOTICE OF PU `This application will require two public hearings;one before the City of Yakima Planning Commission to be followed by a public hearing before the Yakima City Council.The public hearing before the City of Yakima Planning Commission has been scheduled for Wednesday October 10,2018,beginning at 3:00 p.m.,in the Council Chambers,City Hall, 129 N 2nd Street,Yakima,WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to:City of Yakima, Planning Division, 129 N 2nd St.,Yakima,WA 98901.A separate public notice will be provided for the public hearing before the Yakima City Council;NOTICE OF RECOMMENDATION:The Planning Commission's recommendation and future notices will be sent to anyone who submits comments on this application or requests additional notice;The file containing the complete application is available for public review at the City of Yakima Planning Division,2nd floor City Hall, 129 North 2nd Street, Yakima,Washington,and online at https;//www,yakimawa.gov/ serviced/planning,/hotel-motel-extended-stay/If you have any question on this proposal, please call Joseph Calhoun, Plan- ning Manager,at(509)575-6042 or email to:joseph.calhoun yakimawa.gov. (839193)September 19,2018 Courtesy of Yakima H r •-Republic 10. -1G1. • 256 CITY OF YAKIMA NOTICE OF APPLICATION,ENVIRONMENTAL REVIEW, AND PUBLIC HEARING Date:9/19/i8;Project.Loc'atlon:Citywide;Project Appli- cant:Cityof Yakima,Planning©Ivlsion;File#:TXT#003-18, SEPA#025-18,Date of App:9/19/18 Project Description: The'City of Yakima Planning Division is proposing non-project minor amendments to the City of Yakima"s Municipal Code Title 15 to add definitions of"Hotel,"Motel,"and 'Extended Stay Hotel/Motel,"and amend Yakima Municipal Code§ 15.04,030 Table 4-1,Permitted Land Uses;NOTICE OF ENVI- This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Planning Division has been established aS the lead agency,pursuant to the Washington State Envi- ronmental Policy Act(SEPA)for the above stated project.The Cityof.Yakima is issuing a Preliminary Determination of Non-Significance(DNS)on this project.WAC 197-11-340 is being used.The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposal:No impacts Identified;Required-Permlts—The following local;state and federal permits/approvals are needed for the proposed project: None;Required Studies:None; Existing Environmental Documents:None;Preliminary determination of the development regulations that will be used for project mitigation and consistency:Future projects will require compliance with the International Build- ing Code;City of Yakima Urban Area Zoning Ordinance,City of=Ypkirna Comprehensive Plan and Cit of Yakima Title 12 DOVeld Standards jw jt jT yEit T :The public is encouraged to review and comment on 'the proposed application.Written comments may be submitted prior to the public hearing scheduled for October 10,2018,or at the public hearingg..Please.send written comments to:Joan Davenport,AICPP.Community Development Director,City of Yakima,Department of Community Development,129 North 2nd Street,Yakima,WA 98901,or email comments to: .Please reference the file numbers 4TXT#003-18,SEPA#025-18)in any correspondence you subtrilt.NQTICEOFPUBLIC HEARING:This application will require two publichearings;one before the City of Yakima Planning Commission tote followed by a public hearing beforethe Yakim'aCityCouncil.The public hearing before the City Of Yakima P.IanningOommission has been scheduled for Wednesday October 10,2018,beginning at 3:0©p m.,inthe Council Chambers,City Hail,129 N 2nd Street,Yakima,WA. Any person desiring to express their views on this matter Is Inv fed to attend the public hearing or to submit their written comments to:City of Yakima,Planning Division,129 N 2nd St.,Yakima,WA 9890f.A separate public notice will be provided for.the public.hearIng before the Yakima City Coundil;,NOTICE OF RECOMMENDATION;The Planning Commission's recommendation and future notices.wlll be sent to anyone who submits comments on this application or requests additional notice;The file containingthe complete application is available for public review at the City of Yaklrna Planning Division,2nd floor City Hall,129 North 2nd Street, Yakima,Washington,and online at fps://wwwyakimawa.gov/ service /punning/hotel-motel-extended=stayi If.you have any question on this proposal,please call Joseph Calhoun,Plan- ning Manager,at(509)575-6042 or email to:jt) igj gg t un* vaklmawa:gov. (839193)September 19,2018 DOG. INDEX # E-1C 257 DEP.. .TMENT OF COMMUNITY EVEL„. MENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, ManagerEvaKoitA129 North Second Street, 2'Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • wwvv.yakimawa.gov/serviees/planning WASHINGTON STATE ENVIRONMENTAL POLICY ACT PRELIMINARY DETERMINATION OF NONSIGIFICANCE CITY OF YAKIRAA, WASHINGTON September 19, 2018 PROJECT DESCRIPTION: Environmental Review of text amendments to the City of Yakima's Urban Area Zoning Ordinance Title 15. The proposed amendments will add definitions of "Hotel," "Motel," and "Extended Stay Hotel/Motel," and amend Yakima Municipal Code § 15.04.030 Table 4-1, Permitted Land Uses. LOCATION: City Limits PARCEL NUMBERS: N/A PROPONENT: City of Yakima Planning Division PROPERTY OWNERS: N/A LEAD AGENCY: City of Yakima FILE NUMBERS: SEPA#025-18 & TXT#003-18 DETERMINATION: The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. ►1' This DNS is issued under WAC 197-11-340; the lead agency will not act on this proposal for 20 days from the date of this preliminary threshold determination. All comments must be submitted by 5:00 pm on October 9, 2018. Responsible Official. Joan Davenport Position/Title: SEPA Responsible Official Phone (509) 575-6 83 Address: 129 N. 2nd Street, Yakima, WA 98901 Date September 19, 2018 Signature 258 DEP. _PMENT OF COMMUNITY DEVELA MENT Joan Davenport, AICP, Director Planning Division * CITY OF YAKIMA * I 0 Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov www.yakimawa.gov/services/planning NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW, AND PUBLIC HEARING DATE: September 19, 2018 TO: Interested Parties FROM: Joan Davenport, AICP, Community Development Director SUBJECT: Notice of Application, Environmental Review, and Public Hearing NOTICE OF APPLICATION Project Location: Citywide Project Applicant: City of Yakima, Planning Division File Numbers: TXT#003-18, SEPA#025-18 Date of Application: September 19, 2018 PROJECT DESCRIPTION The City of Yakima Planning Division is proposing non-project minor amendments to the City of Yakima's Municipal Code Title 15 to add definitions of"Hotel," "Motel," and "Extended Stay Hotel/Motel," and amend Yakima Municipal Code § 15.04.030 Table 4-1, Permitted Land Uses. NOTICE OF ENVIRONMENTAL REVIEW This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Planning Division has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. The City of Yakima is issuing a Preliminary Determination of Non-Significance (DNS) on this project. WAC 197-11-340 is being used. The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposal: No impacts identified Required Permits —The following local, state and federal permits/approvals are needed for the proposed project: None. Required Studies: None Existing Environmental Documents: None Preliminary determination of the development regulations that will be used for project mitigation and consistency: Future projects will require compliance with the International Building Code, City of Yakima Urban Area Zoning Ordinance, City of Yakima Comprehensive Plan and City of Yakima Title 12 Development Standards. REQUEST FOR WRITTEN COMMENTS The public is encouraged to review and comment on the proposed application. Written comments may be submitted prior to the public hearing scheduled for October 10, 2018, or at the public hearing. It • ° I • 2015 1994 259 Please send written comments to: Joan Davenport, AICP, Community Development Director City of Yakima, Department of Community Development 129 North 2nd Street Yakima, WA 98901 or email comments to: ask.planning(cyakimawa.gov; Please reference the file numbers (TXT#003-18, SEPA#025-18) in any correspondence you submit. NOTICE OF PUBLIC HEARING This application will require two public hearings; one before the City of Yakima Planning Commission to be followed by a public hearing before the Yakima City Council. The public hearing before the City of Yakima Planning Commission has been scheduled for Wednesday October 10, 2018, beginning at 3:00 p.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. A separate public notice will be provided for the public hearing before the Yakima City Council. NOTICE OF RECOMMENDATION The Planning Commission's recommendation and future notices will be sent to anyone who submits comments on this application or requests additional notice. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington, and online at httpsa/w +.yakimawa.gov/services/planning/hotel-motel-extended-stay/ If you have any question on this proposal, please call Joseph Calhoun, Planning Manager, at (509) 575-6042 or email to: ioseph.calhounayakimavva.gov. 260 CITY PLANNING — 2018 TEXT AMENDMENTS TXT#002-18 & SEPA#020-18; TXT#003-18 & SEPA#025-18 EXHIBIT LIST CHAPTER F Public Comments — Various Text Amendments t d �9�!f`�✓'. .`s� vya M�:l.'""''';: +K}!:: 5iiuxw�":.:. 'ua�:::uw°Nm`..uxwx;.:u�:IM�::::. w.nm.'r.: 'wuukuwMmhhu v u3:��'�'�� A uii\... F-1 Comment Letter from Clarice Dyer 09/11/2018 261 709s 188 Ave,Yakima, A 989oi 5°9-981-9475 ldym73@ginaiLeom 09710/2018 To: Planning Commission and Department of Community Development Re:YIVIC 15.09.045—Accessory Dwelling Units am writing to ask for a variance on the lot size requirement in the R2 zoning area. My home at 709 S 15th Ave. is smaller than your new proposal is looking at but is otherwise Ideally suited for an Accessory Dwelling. I have a 500-square foot detached garage that is already wired for electricity and has a cement floor. It also already has its owned fenced (RV) parking right next to it which means it would not take away any other parking in the neighborhood. My backyard is fenced and private which negates any privacy issues for the neighboring houses. My home is located just one block from Yakima Valley College and just a short distance from both Virginia Mason and Astria Regional Hospitals...an area in great need of affordable rental housing. In addition to providing affordable housing to an area in need I'm also looking to improve my own property and future. For now;this could very well be extra income but as I age this may be the mother-in-law home that I live in. I appreciate your careful thought and consideration. 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G-1 Comment Letter from John Cooper, Yakima Valley Tourism 06/20/2018 (Originally Submitted to City Council; distributed to YPC at a Study Session) G-2 Comment Letter from Yakima Valley Lodging Association 10/03/2018 G-3 2"d Comment Letter from John Cooper, Yakima Valley 10/08/2018 Tourism 263 Yakima valley Tourism 10 North 8Ih Street Yakima,WA 98901 L T: 509-575-3010 YAK IMA F: 509-575-6252 VALLEY 800-221-0751 www.vstyakma.com October 8, 2018 Yakima Planning Commission City of Yakima 129 North Second Street Yakima, WA 98901 RE: Proposed Text Amendment to YMC Title 15 (TXT #003-18), Definitions for Hotel, motel and Extended Stay Commission Members: Thank you for your work on this important subject. We support the proposed staff recommendations that clarify hotel, motel and extended stays plus their recommended levels of land use review. Should the commission not accept the staff recommendations regarding percentage of rooms provided or rented, I would request that the sentence "This definition does not include other defined uses including, but not limited to, a boarding house or multi- family dwelling."be left in all the definitions to clarify intent of use. I will be on hand October 10th to answer any questions. Again, thank you. Sincerely, John Cooper President & CEO OCT 0 8 2018 KA; . * � 204 City ofYakima Planning Commission c/o Joan Davenport 129N. 2nu Avenue Yakima, WA. 9D9O1 Dear]oan, I am writing on behalf of the Yakima Valley Lodging Association with our recommendation for the consideration of the Planning commission in regards to our definition regarding proposed text � amendment to YMC Title 15. At our meeting on September 19, 2018 our members discussed the � � definitions that will be before the commission and would like to give our unanimous support to the ' extended stay options definition asfollows: "Extended stay hoteKrnote|" means lodging use in a structure, or structure, where more than 1096 of the rooms are provided or made available to the public for a fee for extended stays.The length of stay can be up to or exceed 30 consecutive days. Rooms designated for extended stay use may include kitchen facilities.This definition does not include other defined uses including, but not limited to, a boarding house or multi-family dwelling. We appreciate you taking the time to hear our input based on the lodging association members of the Yakima community. Sincerely, Colette Keeton/Secretary 8'Treasurer,Yakima Valley Lodging Association ' --T � �� �� 265 Yakima Valley Tourism RECEIVED 7 10 North 81h Street Yakima,WA 98901 AUG 0 8 2018 YAK T. 509-575-3010 F: 509-575-6252 CITY OF YAKIMA VALLEY 800-221-0751 1 L.:L :11/ www.visityakima.com June 20, 2018 TO: Mayor Coffey and Council City of Yakima FROM: John Cooper, President and CEO RE: Definitions for Hotels and Lodging To sustain and grow tourism in Yakima, it is important we clearly identify what is a hotel/lodging in the municipal code and zoning, and ensure that our keystone lodging properties remain for their intended purposes: as lodging facilities that primarily serve the traveling public. Keystone properties are the hotels that form the critical lodging mass that serve visitors. To lose one or more of them to non-lodging functions could cause a serious economic ripple and affect our ability to attract visitors. These keystone hotels are located primarily in the downtown core and near the Interstate, though others along North First and one being built on Nob Hill are important to the mix. From a zoning stand point, they are in the Central Business District, Regional Development and General Commercial Districts of the city. We must ensure that the vast majority of lodging properties in these districts serve transient visitors. Giving definition to a hotel/motel is one step in that process. The state (and others) refer to transient guests when defining hotels and other lodging. Merriam Webster defines a transient as "a person passing through or by a place with only a brief stay or sojourn i.e. transient visitors."As for guest, Merriam Webster states a guest is "A person who pays for the services of an establishment (such as a hotel or restaurant)." Simply put, a transient guest is a person who pays to stay in a place for only a short time. Then how do we define brief stay or short time? In the lodging industry it is typically 30 days or less, which is a barometer used by the state for collection of lodging taxes. There is a difference between an extended stay hotel and someone staying in a hotel or motel for an extended period. J Submitted: Dctic. Meeting- 048 INDEX AUG 0 8 2018 C I YAKIMA Extended stay hotels are first and foremost hotels. It is an industry brand. I ZJV...:1/4i:iLLfV Most guests staying at these properties are staying less than 30 days, but they also cater to corporate travelers and others that need to stay longer. Extended stay branded hotels also accept daily travelers. Outside of extended stays, regular hotels and motels offer longer stays when space permits, but usually that is not their primary purpose. The first extended stay branded hotel was the Ledgestone Hotel that opened in 2008 with 110 rooms. The second extended stay hotel in Yakima will be My Place Hotel, opening by the Greenway at Sarg Hubbard park this summer or early fall. It will have 64 rooms. Their corporate website clearly defines their purpose: "Each of our properties is designed to meet the demands of today's traveler through easy check- in, friendly staff, and modern rooms... All My Place Hotel locations have affordable nightly, weekly and monthly rate options! Business and leisure travelers know that our quality and value...allows our guests to enjoy the comforts of home." Words like traveler and guests cover the intent of their market focus and purpose. Extended Stay America is one of the largest, extended stay lodging chains in the U.S., with some 700 properties. On their website they define their lodging options as such: "Whether you are on a temporary assignment, transitioning to a new home, or remodeling an existing home, picking the right temporary housing is critical." These properties have a limit of four people and use one king, queen or two double beds. There are no single beds and they only allow up to four guests to a room. Specific to the handout staff provided June 19th, I believe the City of Seattle definitions should be our model. I would recommend amending those definitions to clarify "majority of rooms," maybe with language that states vast maioritv or a numerical number that reflects that. Otherwise, the word "majority" could be construed to be 51% and could cause mix uses that negate the property being a hotel. The Auburn definition is acceptable but "guests" should be better clarified, maybe call them "transient guests." The Pasco definition is too vague plus expands the use beyond what a hotel is meant to be. I recommend not using that definition. Tourism is a vital industry to Yakima and creates jobs. Visitors to the region spend more than $400 million each year, the industry employs 3,850 people plus generates $37 million in state and local taxes. The city uses lodging taxes from visitors to pay for bonds and operation of City owned facilities like the Yakima Convention Center and Capitol Theatre. Sales taxes generated by guests at hotels go into the general fund for all public services, from police to parks. Sustaining our lodging inventory is not only important to the visitor, it is crucial to the City's budget. c.c. Cliff Moore, City Manager 267 CITY PLANNING — 2018 TEXT AMENDMENTS TXT#002-18 & SEPA#020-18; TXT#003-18 & SEPA#025-18 EXHIBIT LIST CHAPTER H Supplemental Information — Various Text Amendments ri*'Ntc 14771,31 :-:Ce-ViiintticitIVANki,t * dcg:3;41 11E1YPC Minutes—December 13,2017, Study Session 12/13/2017 YPC Minutes—January 10, 2018, Study Session 01/10/2018 ILEYPC Minutes—March 14, 2018, Study Session 03/14/2018 H-4 YPC Minutes—March 28,2018, Study Session 03/28/2018 YPC Minutes—April 11,2018, Study Session 04/11/2018 H-6 YPC Minutes—May 9, 2018, Study Session 05/09/2018 H-7 YPC Minutes—May 23,2018, Study Session 05/23/2018 H-8 YPC Minutes—June 27, 2018, Study Session 06/27/2018 H-9 Requests to be Parties of Record 07/02/2018 111111111111111111111111111111 111111111111111111111111111 11111111111111111111111111111 11111111111111111111111111111111 1111111111111111111111111111111111111111111 268 aXey, Lisa From: Maxey, Lisa Sent: Monday, July 02, 2018 10:25 AM To: Monick, Colleda Subject: RE:ADU - Request for updates regarding ADU's Thank you for providing the email addresses of the interested parties. They will be added to the parties of record list for the Text Amendment file (TXT#002-18) to receive future notices so they can stay up-to-date on the proposed change to the accessory dwelling unit regulations. Lisa Maxey Planning Specialist City of Yakima Planning Division (509) 576-6669 - LisaMaxeyyakimawa, av From: Monick, Colleda Sent: Monday,July 02, 2018 10:04 AM To: Maxey, Lisa <Lisa.Maxey@YAKIMAWA.GOV> Subject:ADU - Request for updates regarding ADU's suencersoffe@gmail.com angelasoffe@gmail.com Colleda Monick Assistant Planner City of Yakima 509-576-6772 colleda.monickPyakimawa,gov This email is a public record of the City of Yakima and is subject to public disclosure unless exempt under the Washington Public Records,:c1 st,""N. OTV Ykt MA * fin * 269 - 6 JUL 1 . 201' t y I 1.. 04,3 '.1111 fl ..,,. , < - S A v vPDA S if e c)f Ire 270 City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of June 27, 2018 Call to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice-Chair Al Rose, Bill Cook, Jacob Liddicoat, Robert McCormick, Leanne Hughes-Mickel YPC Members Absent: Peter Marinace (excused) Staff Present: Joseph Calhoun, Planning Manager; Lisa Maxey, Planning Specialist; Sara Watkins, Senior Assistant City Attorney Council Liaison: Jason White, District 2 (absent) Others: Sign-in sheet in file Staff Announcements Planning Manager Joseph Calhoun announced that SEPA comments for the Comprehensive Plan Amendment applications are due on June 28'h. He added that the Planning Commission public hearings on the Comprehensive Plan Amendments will be scheduled for August 801 and August 22nd, and notice will be issued. Brief discussion took place on feedback from the Planning Short Course that some of the Planning Commission members and Planning Divisions staff attended. Calhoun announced that there are still 3 vacancies on the Historic Preservation Commission. Approval of Meeting Minutes of May 23, 2018 It was motioned by Commissioner Rose and seconded by Commissioner McCormick to approve the minutes of May 23,2018. Audience Participation None noted. Study Session: Comprehensive Plan Amendments (CPA#001-18, CPA#002-18 & CPA#007-18) CPA#001-18 - Calhoun explained the proposal, gave some background information on the subject property, and made the Commission aware of one comment received from the Department of Ecology on the proposal. Discussion took place on an adjacent parcel which was not included in this request, to which Calhoun replied that staff will recommend that the parcel be incorporated into this future land use change and rezone request. Applicant Tom Durant introduced himself and made himself available for any questions. CPA#002-18 - Calhoun summarized the request and stated that staff would recommend that the adjacent parcels which are not currently incorporated in this request be included. Applicant Bill Hordan made himself available for any questions and expanded on the reasoning for this proposal while referencing the conceptual site plan submitted with the application. Hordan added that the owner of the isolated parcels which were not included in this request was approached and ultimately was not interested in participating. DOC. - - INDEX #. 271 CPA#007-18 -Calhoun explained the proposal and provided some background information on the subject property. Calhoun informed the commission that there has been interest in establishing a mission at this location which is what has prompted the request for changing the future land use designation and rezoning the property. He further clarified that an RFP process would be used to establish who would be operating the mission. He reiterated from a previous Planning Commission meeting that if this request is approved, a lot line adjustment would be done so that only the portions of the property which are outside the floodplain would be used for the mission. Brief discussion also took place on a swale at this site. Continued Study Session: Proposed Text Amendments Calhoun presented changes to YMC Chapter 1.43 Hearing Examiner, Chapter 15.02.020 Definitions, Chapter 15.16 Appeals, and Chapter 16.08 Appeals. He identified the main reason for these amendments as the consolidation of appeal regulations into Title 16. He added that a hearing will likely be scheduled in September for all of the proposed text amendments that staff have recently brought to the Commission for study sessions. Other Business Calhoun reported that there is no new information on when City Council's study session will be on the topic of temporary worker housing, and clarified that they are still searching for participants to be on the Ad Hoc committee for this discussion. Calhoun informed the commission that Council voted to enact a moratorium on permitting any new extended-stay hotels. Senior Assistant City Attorney Sara Watkins clarified that the moratorium will not affect the hotel being built at Nob Hill Blvd and 24th Ave as they have already received their permits. Calhoun made known that it would be correct procedure for the issue of creating a definition of hotel/motel to come back to the Planning Commission so they may make a recommendation to Council. Calhoun informed the Commission that this was Commissioner Marinace's last Planning Commission meeting as his term has expired, and that Council has appointed Philip Ostriem to fill a seat on the Commission beginning in July. Discussion took place on retention requirements for Planning Commission members' records, to which Calhoun responded that he will gather information and report back. Calhoun made known to the Commission that he has reached out to Yakima County staff regarding setting up a joint meeting for the two planning commissions and that he has not received a confirmation. Discussion took place on how the Commission can remain informed on what the County's Planning Commission is working on. Some suggestions were to review previous agendas and minutes, look at their Comprehensive Plan, view notices for projects in the county that are adjacent to the city limits, and simply see a list of people who are currently on the County Planning Commission. Audience member Bill Hordan informed the Commission of several people who are on the County Planning Commission. Brief discussion also took place on projected population estimates for Yakima County in the coming years. Adjourn A motion to adjourn to July 11, 2018 was passed with unanimous vote. This meeting adjourned at 3:50 p.m. DOC. - 2 - INDEX H-S 272 AP,µ -7- r - 2-0)1 Cha irWOITIc 'Byers Date This meeting t s filmed by YPAC.Minutes for this meeting submitted by;Lisa Maxey,Planning Specialist. g 273 City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of May 23, 2018 Call to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice-Chair Al Rose, Bill Cook, Rob McCormick,Jacob Liddicoat, Leanne Hughes-Mickel YPC Members Absent: Peter Marinace (excused) Staff Present: Joseph Calhoun, Planning Manager; Lisa Maxey, Planning Specialist Council Liaison: Jason White, District 2 (absent) Others: Sign-in sheet in file Staff Announcements Planning Manager Joseph Calhoun announced that the Comprehensive Plan Amendment and concurrent Rezone requests received for this year's amendment cycle are being reviewed for completeness and will be sent out for public notice in the coming weeks. He also made known that there are still 3 vacancies on the Historic Preservation Commission, and that interested persons may apply in the City Clerk's office. Audience Participation None noted. Approval of Meeting Minutes of May 9, 2018 It was motioned by Commissioner Rose and seconded by Commissioner Liddicoat to approve the minutes of May 9, 2018. Review of Yakima Planning Commission Bylaws Calhoun presented a draft of proposed changes to the Commission's bylaws. These changes include a correction from 6-year terms to 4-year terms per City Council's direction (Ordinance 2017-018), correcting the department title from "Department of Community and Economic Development" to "Department of Community Development," correcting the meeting time from 3:30 p.m. to 3:00 p.m. to match current practices, updating the regular order of business to match current practices,clarifying the titles of the municipal code which are in the commission's purview,rewording the language on how the time and location of a Commission meeting may be changed, and adding language that allows flexibility to setting a date for continued agenda items. It was motioned by Commissioner Hughes-Mickel and seconded by Commissioner Rose to approve the draft of the amended bylaws with an additional change to Section 1 (A) to correct another mention of the term limitations, fixing it from 6 years to 4 years. The motion carried unanimously. Continued Study Session: Proposed Text Amendments to YMC Title 15 Calhoun presented changes to YMC 15.17: Modification to Existing or Approved Uses or Development. The change would allow modifications to Class 1 uses to be reviewed under the Modification procedures, granted the criteria for a Modification are met per the code. In addition to the draft amendments presented, Calhoun verbally included an additional change to the 15.17.020(B) and (C), to strike out the sentence in both sections DOC. - - INDEX 14-7 274 that states, "this limit shall be calculated cumulatively for all previous modifications since the last normal review," as this is already established in 15.17.020(E). Other Business Calhoun clarified that the Comprehensive Plan Amendments will be sent for public notice with a 20-day comment period on the SEPA review. After the comment period, the SEPA determination will be issued along with notice of Yakima Planning Commission public hearing. Calhoun informed the commission that the date for a City Council study session on temporary worker housing has not been set, and that the commission members will be notified once it is established. A question was posed as to whether the conversion of a hotel on North lit Street to house temporary workers depends upon the result of the temporary worker housing text amendment. Calhoun clarified that as long as it is operated as a hotel, it is a permitted use and does not rely on the text amendment being approved. Discussion ensued on tracking the outcome of amendments that Pl. 'ng Co 'ssion recommends to City Council. Calhoun reported that staff can create a brief report on the history text amendments in recent years that have gone to City Council. Calhoun reminded the commission that the Short Course on Local Planning provided by the Department of Commerce is scheduled for a date in June and will be held at the Public Works training room at 2301 Fruitvale Blvd. The commission suggested that a joint meeting be held with the Yakima County Planning Commission sometime after the planning short course. Calhoun asked that commission members send their desired topics of discussion to him and he will coordinate with the County to form a list of discussion items and schedule the meeting. Discussion took place on the anticipated gains of having a meeting with the County. Chairwoman Byers announced that she will be absent for the next commission meeting on June 13th. Adjourn A motion to adjourn to June 13, 2018 was passed with unanimous vote. This meeting adjourned at 3:33 p.m. -) Chairw man Byers Date This aim rig was filmed by YPAC..honks for this meeting submitted by.Lisa Maxey,Planning Specialist. • ' . - 2 - - 1-1 ---7 , 275 City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of May 9, 2018 Call to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice-Chair Al Rose, Bill Cook, Rob McCormick,Jacob Liddicoat YPC Members Absent: Peter Marinace, Leanne Hughes-Mickel (both excused) Staff Present: Joseph Calhoun, Planning Manager; Lisa Maxey, Planning Specialist;Sean Hawkins, Economic Development Manager Council Liaison: Jason White, District 2 (absent) Others: Sign-in sheet in file Staff Announcements Planning Manager Joseph Calhoun announced that there are 3 open positions on the Historic Preservation Commission and that anyone interested may apply at the City Clerk's office. Calhoun informed the commission that City Council denied the Planning Commission's recommendation on text amendments to Yakima Municipal Code (YMC) Title 15 regarding definitions and classifications for "Congregate Living Facility" and "Motel/Hotel." He added that council will be scheduling a study session to discuss the matter of temporary worker housing further, and that Planning Commission members may watch the video of the council meeting to hear the questions and concerns which were raised. Audience Participation None noted. Approval of Meeting Minutes of April 11,2018 It was motioned by Commissioner Rose and seconded by Commissioner McCormick to approve the minutes of April 11, 2018, with a spelling correction on the first page from "lager" to "larger." The motion carried unanimously. Submitted 2018 Comprehensive Plan Amendment/Rezone Application Docketing Calhoun provided a summary of the 7 comprehensive plan amendment and accompanying rezone requests which were submitted for this year's amendment cycle. Brief discussion took place on the comprehensive plan amendment and rezone request proposed by the city's wastewater division (CPA#007-18/RZ#008-18) relating to 3 parcels in the vicinity of S 22nd St and Highway 24/E Nob Hill Blvd and their relation to the 100-year flood plain which would prompt a boundary line adjustment if approved, as well as the comprehensive plan amendment and rezone request by West Valley Nursing Homes Inc (CPA#005-18/RZ#006-18) and their association with a comprehensive plan amendment and rezone from 2012. He explained that study sessions will be held on all of the docketed comprehensive plan amendments and rezones. DOC. -- INDEX e H 276 Continued Study Session: Proposed Text Amendments to YMC Title 15 Economic Development Manager Sean Hawkins described the need to expand the list of permitted land uses in the Regional Development(RD) zoning district and lower the required level of review for some uses to make it easier for businesses to locate there. He mentioned the interest expressed by a company in Yakima to relocate to the RD zoning district in order to expand their business, as well as a company that has inquired about coming to Yakima and would potentially be a good fit in the RD zoning district. Yakima County Development Association Director Jonathan Smith pointed out some of the land uses which are currently not permitted in the RD zoning district that the commission may want to consider recommending to City Council to add, and uses that are currently allowed but require a high level of review that could potentially be lowered, including hospitals, post-secondary schools, and some light manufacturing uses, Smith added that for some of the light manufacturing uses that could be appropriate in this zone, codes or covenants could be put in place that would ensure that the buildings mirror the aesthetics of a professional office building. Calhoun proposed a minor change to the district intent statement in the Yakima Municipal Code for the RD zoning district. He then went over staff's proposed changes to the level of review for some of the land uses currently permitted in this zone, as well as recommendations on which land uses to consider adding as permitted uses in this zone. He explained that this topic will be researched further and come back to the commission for another study session, Discussion took place on the importance of ensuring that these potential uses do not become a deterrent for retail uses in the RD zoning district. The lack of properties that are currently zoned RD was also briefly talked about. Other Business None noted, Adjo A motion to adjourn to May 23, 2018 was passed with unanimous vote. This meeting adjourned at 3.35 p.m. „-- 1---)) , ,,, i , - (ill I/ 74 ,--4 ( . , -- _-Chairw m zan Byers ( Date This meet' g was!limed by YFAC.l%,Mutt's for this meeting submitted by Lisa Maxey,Planning Speciahst - 2 - 0. ..t.: . H -q, 277 City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of April 11, 2018 Call to Order Vice-Chair Al Rose called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Vice-Chair Al Rose, Bill Cook, Rob McCormick, Leanne Hughes-Mickel YPC Members Absent: Chairwoman Patricia Byers,Jacob Liddicoat, Peter Marinace (all excused) Staff Present: Joseph Calhoun, Planning Manager; Lisa Maxey, Planning Specialist; Others: Sign-in sheet in file Staff Announcements Planning Manager Joseph Calhoun reminded Commission members that the application period for the 2018 cycle of Comprehensive Plan amendments is open until April 30th. He reported that none have been received thus far but there is an expectation that some will be submitted prior to the deadline. Audience Participation Audience member Thomas Sudbury addressed the Commission about his desire for the minimum lot size for accessory dwelling units to be lowered to 8,000 sq ft. The Commission explained that the regulations for accessory dwelling units will come up later in the agenda during the study session on proposed text amendments to Title 15 Yakima Urban Area Zoning Ordinance (UAZO) Approval of Meeting 'flutes of March 28,2018 It was motioned by Commissioner McCormick and seconded by Commissioner Hughes-Mickel to approve the minutes of March 28, 2018. The motion carried unanimously. Study Session: Proposed Text Amendment to YMC Title 15 UAZO Calhoun presented staff's proposal to revise the sign code in relation to the maximum flag pole height standard and to revise the special development standards chapter to modify accessory dwelling unit regulations. Sudbury spoke again in favor of staff's proposed changes to the regulations for accessory dwelling units and shared how these changes would assist his family's housing situation. Commission members and staff had consensus to modify the proposed code section that reads, "ADUs shall only be permitted on parcels/lots sized appropriately for a duplex or larger per YMC 15.05.030,Table 5-2" to strike the words "or larger." Discussion took place between the Commission, staff, and Sudbury on the existing code language which indicates that both dwelling units (the primary residence and the ADU) shall have its own sewer and water connection with required meters if the ADU is attached to or located above a detached garage or is a stand-alone structure. Calhoun indicated that he will discuss the sewer and water connection requirements with the building codes and wastewater divisions to see if there is flexibility to modify these requirements. D . # I -5 278 Calhoun described staffs recommended changes to the rezone chapter in accordance with previous discussions between staff and the Commission to add a requirement for a conceptual site plan for non-project rezones and add language regarding development agreements in instances where conditions are imposed on the rezone. Commission suggested that staff add a definition of development agreement to this chapter or add a reference to the definition in the RCW. Calhoun indicated that there will be discussion at a future meeting date regarding adding more permitted land uses to the Regional Development (RD) zoning district. Other Business• None noted. Adjourn A motion to adjourn to April 25, 2018 was passed with unanimous vote. This meeting ad`o od-' 3:33 p. / „aefa c- Os- -„asq '.(2rati‘ Chai or-nun Byers 7 Date This vttng was filmed by Y AC Minutes for this meeting submitted by:Lisa Maxey,Planning Specialist. - 2 279 City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of March 28, 2018 Call to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice-Chair Al Rose, Bill Cook, Jacob Liddicoat, Peter Marinace, Rob McCormick, Leanne Hughes-Mickel YPC Members Absent: Staff Present: Joseph Calhoun, Planning Manager; Lisa Maxey, Planning Specialist; Sara Watkins,Senior Assistant City Attorney Others: Sign-in sheet in file Staff Announcements Planning Manager Joseph Calhoun introduced Leanne Hughes-Mickel as the new Planning Commission member. Commissioner Hughes-Mickel shared some information about herself with the Commission. Audience Participation None noted. Approval of Meeting Minutes of March 14 2018 It was motioned by Vice-Chair Rose and seconded by Commissioner Cook to approve the minutes of March 14, 2018. The motion carried unanimously. Public Hearing- Text Amendment to YMC Title 15 Related to Temporary Worker Housing Calhoun presented the staff recommendation on proposed changes to the Yakima Urban Area Zoning Ordinance to establish regulations regarding temporary worker housing, which includes modifying the definition of boardinghouse and adding a definition of"motel/hotel," modifying the Table of Permitted Land Uses, and modifying the Table of Off-Street Parking Standards. Audience member Charlie Hines advocated for temporary worker housing facilities to be of high standard if approved. Audience member Rob Valicoff spoke in favor of the proposal and commented on the "first-class" nature of these facilities. Audience member Sandi Belzer spoke in favor of the proposal with the caveat that they must be well-maintained and monitored. Audience member Ron Disch expressed his concern of property values potentially decreasing on account of these facilities locating here. He stated that neighbors should be notified when there is a proposal for temporary worker housing in their area. Furthermore, he suggested that the Commission consider letting voters decide if these facilities should be allowed in the city. Lastly, Disch commented on the lack of cities in eastern Washington which allow this land use, which could cause many temporary workers to use sites in Yakima due to lack of availability in their area. - I - DEX 280 Audience member Ermelindo Escobedo spoke in favor of the proposal and reiterated the strict requirements imposed on this housing type by the state and federal government. Audience member Lourdes Martinez spoke highly of H-2A workers and commented on the benefits of having housing for them within the city as well as the benefit of having the workers contribute to the economy. The Commission discussed the expectation that these buildings would be in use year- round due to the staggering of the agricultural seasons. Discussion ensued regarding other uses which are categorized under the proposed definition of"congregate living facility," and the possibility of unintended consequences from designating levels of review in particular zoning districts for "congregate living facilities" with only H-2A housing in mind and not taking into consideration that other uses outside of H-2A housing will not be regulated as stringently and are not guaranteed to have on-site management. The reasoning behind the proposed parking standards were also brought up in discussion. It was motioned by Vice-Chair Rose and seconded by Commissioner McCormick that the Planning Commission draft findings of fact and forward a recommendation of approval to the Yakima City Council. The motion carried with 6 votes in favor and 1 vote against. Calhoun clarified that there is a set date on the April 3rd City Council agenda for a public hearing on May 1st. Study Session: Proposed Amendments to YMC 15.04.120 Home Occupations Relating to Taxicab Businesses Calhoun shared with the Commission the proposed definition of "home occupation, taxicab operator," and the proposed addition to YMC 15.04.120 Table 4-2 (Table of Permitted Home Occupations) which includes a line item for "taxicab operator," and the proposed level of review for each zoning district. Senior Assistant City Attorney Sara Watkins reiterated that the criteria which home occupations must meet prohibits non family members from being employees. Calhoun explained that there are other potential text amendments that should be included in the public process for this proposed change to the Home Occupations code section, and will be scheduled for a study session before the Commission. Chairwoman Byers reminded the Commission that she will be absent for the next Commission meeting on April 11th. Other Business Commissioner Marinace brought up a comment he made initially during the update process for the Comprehensive Plan 2040 last year that there is a lack of sidewalks on Zier Rd. between 75th Ave. and West Valley High School, which in conjunction with the narrowness of the road creates dangerous walking conditions for kids walking to school. He spoke of a grant opportunity called Safe Routes to School which could help to fund putting sidewalks there. Calhoun spoke of the recent improvements that have been made in that area at Mead Ave. and 72nd Ave. I Ie explained that the engineering division of the appropriate jurisdiction would need to be part of the discussion on infrastructure, and - 2 - DOC. INDEX 281 the school district would need to be a main proponent for encouraging these improvements in the grant application process. Council liaison Jason White reported that safe routes to school is in the Council's top 5 priorities for the next few years and mentioned that some Yakima schools are going through this program currently, while furthering the point that the lack of sidewalks in areas of the city is a big issue. Commissioner Marinace confirmed that he will contact the school district to make them aware of this safety issue and apprise them of this grant opportunity. Adjourn A motion to adjourn to April 11, 2018 was passed with unanimous vote. This meeting adjourned at 421 p.m. 6,4 C 4 v Date /12- ic e, to:e Rthi5 ear This meeting was filmed by YPAC Minutes for this meeting submitted by:Lisa Maxey,Plaruung Specialist - 3 - • 282 City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of March 14, 2018 Call to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice-Chair Al Rose, Bill Cook, Jacob Liddicoat, Peter Marinace, Rob McCormick YPC Members Absent: Staff Present: Joseph Calhoun, Planning Manager; Lisa Maxey, Planning Specialist;Sara Watkins, Senior Assistant City Attorney Others: Sign-in sheet in file Staff Announcements Planning Manager Joseph Calhoun announced that the Planning Commission will hold a public hearing on the proposed text amendments to Yakima Municipal Code (YMC) Title 15 to establish regulations for temporary worker housing during their next meeting on March 28th, The City Council public hearing will be scheduled for April 17th. He also reported that there is still one vacancy on the Planning Commission. Audience Participation Michael Howe introduced himself as the new government affairs director of the Central Washington Home Builders Association, replacing Joe Walsh. Approval of Meeting Minutes of February 28, 2018 It was motioned by Vice-Chair Rose and seconded by Commissioner McCormick to approve the minutes of February 28, 2018. The motion carried unanimously. Report on Taxi Business License Regulations Calhoun reported that taxi businesses were not a specific use identified within the home occupations table in the municipal code, but were often permitted under the "business administration" use in the table until a policy change effectively discontinued the approval of taxi services as home occupations. He explained that there are 13 conditions of approval for home occupations that must be met in order to be approved, including a condition which states, "the home occupation is conducted only by immediate family members residing in the dwelling," which may be preclude some taxi businesses. Commission members and staff discussed scenarios in which a home occupation permit would be applicable, and other scenarios in which a commercial office location would be required. Senior Assistant City Attorney Sara Watkins explained the difference in licensing requirements between a taxi service and a transportation network company (e.g. Uber and Lyft). Jon Briggs of Bluhawk Taxi requested clarification on what the licensing requirements would be applicable for his taxi business, to which the Commission and staff responded. It was motioned by Vice-Chair Rose and seconded by Commissioner Liddicoat for staff to draft changes to YMC Title 15 to incorporate a definition for taxi service and add it as a line item in YMC 15.04.120 Table 4-2(Table of Permitted Home Occupations),mirroring the level of review and allowed zoning districts that are dictated for the "home contractor" line item. - 1 - DOCS INDEX 283 Others Chairwoman Byers reminded Co ission members and staff that she will be out of town from riI 4th to April 1 th. Adjourn A motion to adjourn to arch 14, 2018 was passed withunanimous vote. This meeting adjourned at 3:53 p.m. Chairwoman yers Date This meeting was filmed by YPAC.Minutes for this meeting submitted by:Lisa Maxey,Planning Specialist. 3 284 City of Yakima Planning Commission(YPC) City Hall Council Chambers Meeting Minutes of January 10, 2018 Call to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice-Chair Al Rose,Jacob Liddicoat, Bill Cook, Peter Marinace YPC Members Absent: Rob McCormick Staff Present: Joseph Calhoun, Planning Manager; Lisa Maxey, Planning Specialist Others: Sign-in sheet in file Staff Announcements Planning Manager Joseph Calhoun informed the commission that new FEMA maps for the Cowiche Creek floodplain are expected to be received within the next month or so. Calhoun reported that city staff have been attending advisory group meetings for amendments to the Comprehensive Flood Hazard Management Plan(CFHMP), particularly relating to northern Yakima. He reminded commissioners that they have a public hearing scheduled for February 14th pertaining to a rezone request. Lastly, Calhoun announced that there is still one vacancy on the Planning Commission. Election of Chair and Vice-Chair of the Yakima Planning Commission It was motioned by Commissioner Cook and seconded by Commissioner Marinace to retain Patricia Byers as chair of the commission and retain Al Rose as vice-chair. The motion passed unanimously. Audience Participation None noted. Approval of Meeting Minutes of December 13, 2017 Vice-Chair Rose noted a grammatical error in the minutes. It was motioned by Vice-Chair Rose and seconded by Commissioner Liddicoat to approve the minutes of December 13, 2017 with that correction. Discussion:Opening of the 2018 Comprehensive Plan Amendment Process Calhoun summarized the process to open the annual comprehensive plan amendment cycle, which includes City Council adopting a resolution (planned for the February 6th council meeting) and the Planning Commission holding a hearing to officially open the process (planned for the February 28th commission meeting). Commissioner Cook inquired about any public interest expressed for amendments this year. Calhoun responded that there have been about two or three preliminary discussions between staff and members of the public. Introduction to Potential Zoning Code Amendments Calhoun went over the current list of zoning code amendments that the commission will be reviewing at a later date, including: updating references to the new Right-of- Way vacation chapter in Title 14, rewording the sign chapter to address flags in the - I - DOC. INDEX # +.1 285 residential districts, adding language to the wireless communications chapter to add standards/review process for small cell infrastructure and for communication facilities on utility poles, addressing inconsistencies between the text and the table which dictate the classification of use of an accessory dwelling unit, broadening the accessory dwelling unit category to include other concepts like cottage housing or create a new land use category, adding a new use or modifying an existing use to accommodate temporary worker housing, and updating the rezone section per the Planning Commission's recent discussions on non-project rezones. Discussion took place regarding a public hearing for an interpretation relating to temporary worker housing which will go before the hearing examiner on January 11th. The commission and staff had additional discussion on other housing types. Opportunity for Commissioners to Discuss Items for Additional Review/Consideration Commissioner Cook brought up a request from an earlier commission meeting to have an Open Public Meetings Act training at city hall for the commissioners and to invite the county's planning commission members as well. Commissioner Cook requested an overview on annexations. Calhoun mentioned that an annexation was processed for the northwest corner of South 641h Ave. and Ahtanum Rd., which has been forwarded to the boundary review board. Additional discussion took place on annexations. Other Business Calhoun announced that Councilman Brad Hill was appointed to serve as the council liaison to the Planning Commission but that due to scheduling conflicts the liaison may be reassigned. Council members discussed the lack of audience member turnout and their desire to bring in more people to these meetings and hearings. As part of this effort,commissioners had consensus to work towards hosting an open house for members of the public to provide feedback to the commission and planning staff and ask questions, and host a similar event for developers in the community. This topic will be revisited at a future meeting in order to work out the details. Adjourn A motion to adjourn to January 24, 2018 was passed with unanimous vote. This meeting adjourned at„.40 p.m. ,27 , :*) 0! - ;47 — :266 Chairw man Byers Date This we was filmed by YPAC. Minutes kir this meeting submitted by:Lisa Maxey,Planning Specialist, 2 DOC. - - INDEX H- 2 286 City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of December 13, 2017 Call to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice-Chair Al Rose,Jacob Liddicoat, Bill Cook, Rob McCormick YPC Members Absent: Peter Marinace Staff Present: Joseph Calhoun,Planning Manager; Lisa Maxey, Planning Specialist;Sara Watkins, Senior Assistant City Attorney Others: Sign-in sheet in file Staff Announcements Planning Manager Joseph Calhoun informed the commission that City Council approved the proposed revisions to Yakima Municipal Code Title 14 that the Planning Commission recommended to them, which allows final long plats to be approved administratively. The ordinance will become effective December 24, 2017. Calhoun reported that staff is looking at potential text amendments to take through the public hearing process in the upcoming year. Audience Participation None noted. Approval of Meeting Minutes of November 8,2017 It was motioned by Vice-Chair Rose and seconded by Commissioner Liddicoat to approve the minutes of November 8, 2017. Discussion: Conditions for Rezones &Processing Rezone Applications Calhoun explained the reasoning for this discussion item (i.e. discussions from a recent public hearing on a non-project rezone). Calhoun provided commission members with the City of Yakima's code language pertaining to processing rezone applications, along with code language from some other cities. He highlighted that one of the cities requires a conceptual site plan to be submitted with the rezone application, and that some cities require a development agreement to be entered into if there are conditions imposed on the rezone. Commission members discussed the pros and cons of requiring a conceptual site plan and development agreement, and the idea of requiring SEPA review at the time of development regardless of whether SEPA thresholds are exceeded, *Commissioner McCormick arrived to the meeting at approximately 3:30 p.m. The Commission had consensus to direct staff to draft language for the code that would require a conceptual site plan to be submitted with a rezone application, indicate that conditions imposed would need to be included in a development agreement, and allow the Planning Commission to require SEPA review regardless of whether thresholds are exceeded. - I - DOC. INDEX # 287 Other Bizsiness Commissioner Cook reminded staff and the commission about previous discussions where staff was asked to have someone from Yakima County come to a Planning Commission meeting to discuss flooding concerns. Calhoun confirmed that this will be arranged after the new flood maps from FEMA are received, which will likely be at the beginning of the year. The commission had consensus to cancel the next regularly scheduled meeting of December 27, 2017. Adjourn A motion to adjourn to January 10, 2018 was passed with unanimous vote. This meeting adjourned at 3:50 p.m. ) i V - Chair Date This meeting was Mined by YP.AC.Minutes for this meeting submitted by:Lisa Maxey,Planning Specialist. - 2 - ° 288 CITY PLANNING — 2018 TEXT AMENDMENTS TXT#002-18 & SEPA#020-18; TXT#003-18 & SEPA#025-18 EXHIBIT LIST CHAPTER I Supplemental Information — Hotel/Motel/Extended Stay ':. I-1 YPC Minutes—August 8,2018, Study Session 08/08/2018 18 I-2 YPC Minutes—August 22,2018, Study Session 08/22/2018 I-3 YPC Minutes—September 26,2018, Study Session 09/26/2018 289 City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of September 26, 2018 Call to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice-Chair Al Rose,Jacob Liddicoat, Robert McCormick, Philip Ostriem YPC Members Absent: Bill Cook, Leanne Hughes-Mickel (both excused) Staff Present: Joseph Calhoun, Planning Manager; Sara Watkins, Senior Assistant City Attorney;Trevor Martin, Associate Planner; Eric Crowell, Associate Planner; Lisa Maxey, Planning Specialist Council Liaison: Jason White, District 2 (absent) Others: Sign-in sheet in file Staff Announcements- Planning Manager Joseph Calhoun announced that staff is requesting City Council to set the date for the public for this year's Comprehensive Plan Amendment and concurrent Rezone requests, which a potential date of November 6, 2018. He also made known that the Planning Commission will hold a hearing on October 10, 2018, on the proposed text amendments related to uses and definitions of hotel, motel, and extended stay hotel/motels. Audience Participation -None noted. Approval of Meeting Minutes of September 12, 2018 - It was motioned by Vice-Chair Rose and seconded by Commissioner Liddicoat to approve the meeting minutes of September 12, 2018. The motion carried unanimously. Public Hearing: Datal Properties (RZ#009-18 & SEPA#018-18) - Associate Planner Eric Crowell presented staff's findings of fact, conclusions, and recommendation on this non-project rezone request which includes a conceptual site plan showing a potential use of this property in the future if the rezone is approved for a "drive-through beverage shop." Crowell clarified that the current proposal is for the rezone only and not for the approval of this specific use, and that a beverage shop would be required to go through a separate land use review process in order to be approved. Discussion took place on traffic-related concerns that could occur once the property is developed. Crowell noted that the Traffic Engineering comments state that access on 56'h Ave. should be as far south as practical with consideration of the location of existing driveways on the adjacent parcel and across the street. Bill I Jordan of Hordan Planning Services (applicant) voiced his support of staff's findings and recommendation. The Commission discussed possibly requiring the applicant to merge the two parcels in this request. Commission members and staff also discussed site design standards that may be required when a new development goes in to make it compatible with the surrounding properties including fencing, building height limitations, setback requirements, and traffic considerations. - 1 - DOC, INDEX # 11-S 290 It was motioned by Commissioner Liddicoat and seconded by Vice-Chair Rose to recommend approval of the proposed rezone from Single-Family Residential (R-1) to Large Convenience Center (LCC) to the Yakima City Council. It was amended by Liddicoat and seconded by Rose to include a condition of approval that the two subject properties be merged. Calhoun inserted that the requirement of a merger may be premature as this is a non-project rezone and there is currently a house on each lot. The motion failed unanimously. It was motioned by Commissioner Liddicoat and seconded by Vice-Chair Rose to recommend approval of the proposed rezone from Single-Family Residential (R-1) to Large Convenience Center (LCC) as presented. The motion carried unanimously. Continued Public Hearing: West Valley Nursing Homes Inc. (CPA#005-18 & RZ#006- 18) - Associate Planner Trevor Martin presented staff's findings of fact, conclusions, and recommendation on this proposed Comprehensive Plan Amendment and concurrent Rezone request which proposes to remove the existing development agreement on the property which limits property use to multi-family senior living and senior care residential facilities and proposes to retain the current future land use designation of Mixed Residential and current zoning of Multi-Family Residential (R-3). Martin clarified that the applicant has since amended the request to remove a small portion of land around neighboring property owned by James Johnson from the request to promote compatibility between existing land uses. The Commission discussed concerns raised by the public in 2012 when this property first went through the process to be rezoned to R-3 and amended to have a future land use designation of Mixed Residential. The main concern mentioned was lack of compatibility of R-3 zoning with the existing neighborhood. It was noted that minimal comments have been received on this proposal in comparison to the proposal in 2012. Bill Hordan (applicant) explained that senior housing, skilled nursing facilities, etc. have become harder to finance which is one reason why they are requesting to rescind the development agreement so other housing options may be explored. Hordan informed the Commission that they have had ongoing discussions with James Johnson, property owner to the northeast of this proposal, who was amenable to having a buffer of R-1 zoning around his property to help mitigate compatibility concerns, which is the reason for the application amendment. Hordan also expressed the need for additional R-3 zoned properties in the city. Senior Assistant City Attorney Sara Watkins clarified that the Planning Commission's motion on a recommendation to Council may address both the development agreement element of the request and the proposed comprehensive plan amendment and concurrent rezone change; however, an ordinance cannot have more than one subject so the issues would be separated at the City Council level. Staff clarified that if the Planning Commission recommends that the development agreement be revoked and the comprehensive plan amendment and concurrent rezone requests which have been modified to exclude a portion of land around the Johnson property as shown on the amended map in the application be approved, and City Council approves the recommendation and adopts ordinances accordingly, the area around the Johnson property would default back to R-1 zoning and a future land use DOC. - 2 - INDEX 291 designation of Low Density Residential on account of the development agreement being terminated and due to it being excluded from the rest of the land that is part of the comprehensive plan amendment and rezone request. It was motioned by Commissioner Liddicoat and seconded by Commissioner McCormick to recommend approval of the request to retain the future land use designation of Mixed Residential and zoning of Multi-Family Residential (R-3) with the exception of the hashed area shown on the applicant's revised map, and recommend that the existing development agreement be terminated, thus reverting the aforementioned "hashed" portion of land back to R-1 zoning with a future land use designation of Low Density Residential. The motion carried unanimously. Study Session: Hotel/Motel and Extended Stay Hotel/Motel Uses and Definitions- Discussion took place regarding parking in in the Central Business District(CBD) and whether the level of review for hotel/motel or extended stay hotel/motel should be increased due to limited parking. Several hotels were named that exist in the downtown area and have parking on site. Calhoun clarified that if the business chooses to provide parking on site, though not required in the CBD zoning district, it would have to meet the standards of the code. The Commission had consensus to remove the language in the "hotel" and "motel" draft definitions that references a percentage of rooms that must be designated for "short-term" stays.The Commission also agreed to have the "Extended Stay Hotel/Motel" draft definition state, "Extended Stay Hotel/Motel means a hotel or motel that rents rooms to the public for longer stays, which are more than 30 consecutive days. This definition does not include other defined uses including, but not limited to, a boarding house or multi-family dwelling." Lastly, to finalize the draft of the proposed text amendments in preparation of the upcoming public hearing, the Commission had consensus to add "Extended Stay Hotel/Motel" to the same line as the "Motels and Hotels" in Yakima Municipal Code § 15.04.030-Table 4-1 Permitted Land Uses so that extended stay hotels/motels would be allowed in the same zoning districts and permitted through the same levels of review as motels and hotels as dictated in the table. Other Business - Commissioner Liddicoat suggested that staff's response to public comments consisting of project-related matters on non-project rezones include a description of the land use review and public notice procedures for a project-specific request that may follow after the non-project rezone and how the public can be informed and involved in the project-level land use review process. Calhoun assured that this can be accomplished and reflected in the staff reports. Adjourn - A motion to adjourn to October 10, 2018 was passed with unanimous vote. This meeting adjourned at 4:53 p.m. /07//070/6 -fr-r-ir Chair oman Byers Date This meeting was filmed by YPAC.Minutes fur this meeting submitted by.Lisa Maxey,Planning Specialist. - 3 - Doe, INDEX # 1-3 292 City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of August 22, 2018 Call to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice-Chair Al Rose,Jacob Liddicoat, Robert McCormick, Leanne Hughes-Mickel, Philip Ostriem YPC Members Absent: Bill Cook (excused) Staff Present: Joseph Calhoun, Planning Manager;Trevor Martin, Associate Planner; Lisa Maxey,Planning Specialist Council Liaison: Jason White, District 2 (absent) Others: Sign-in sheet in file Staff Announcements - Planning Manager Joseph Calhoun reminded the Commission of a hearing on various text amendments and a continued hearing for a Comprehensive Plan Amendment and Rezone (CPA#007-18/RZ#008-18) for property at the wastewater treatment plant on September 12th, and a rezone hearing for property located on the southeast corner of 56th Ave and Summitview Ave on September 26th. Audience Participation-None noted. Approval of Meeting Minutes of August 8, 2018 -It was motioned by Commissioner Liddicoat and seconded by Vice-Chair Rose to approve the meeting minutes of August 8, 2018. The motion carried unanimously. 2018 Comprehensive Plan Map Amendment Hearings - CPA#003-18 & RZ#004-18 -William Almon- Associate Planner Trevor Martin presented staff's findings of fact, conclusions, and recommendation on this matter. Bill Hordan of Hordan Planning Services (applicant) restated the reason for this proposal. No testimony was given by the audience so the public hearing was closed. Hordan clarified that there is no project at this time and that the driveway approach for this property would most likely be relocated further to the south on 48th Ave at the time that a project is established. It was motioned by Commissioner McCormick and seconded by Vice-Chair Rose that the Yakima Planning Commission recommend approval of this amendment request from Low-Density Residential to Community Mixed Use to accommodate a concurrent rezone from R-1 (Single-family Residential) to B-1 (Professional Business) to the Yakima City Council. The motion carried unanimously. CPA#004-18 & RZ#005-18 - Riverpointe Landing LLC/Westtowne LLC - Martin presented staff's findings of fact, conclusions, and recommendation on this matter. Bill Hordan (applicant) spoke on the expansion of industrial uses in the area and specified that there is no project at this time. He reported that when a project is approved, it would likely be subject to sitescreening standards like fencing and landscaping to help mitigate impacts to surrounding properties. He added that due to a large easement, development on these parcels would be limited to the eastern portion of the properties. Hordan mentioned that he received a phone call from Harlan Dunn, a developer of Lake Aspen who has ownership interest in property located northwest of this proposal, 1 ooc - - IN DEX * '02 293 with questions about the proposal but no written comments were submitted subsequently. Hordan stated that the existing residence on one of the subject properties in the request would become a legal non-conforming use. The Commission had brief discussion on a previous proposal for a shopping center at this site that did not come to fruition, as well as how many parcels were reached using a 300-ft buffer from the subject parcels for mailing public notice. No testimony was given by the audience so the public hearing was closed. It was motioned by Commissioner Hughes-Mickel and seconded by Commissioner McCormick that the Yakima Planning Commission recommend approval of this amendment request from Regional Commercial to Industrial to accommodate a concurrent rezone from LCC (Large Convenience Center) to M-1 (Light Industrial) to the Yakima City Council. The motion carried unanimously. CPA#005-18 & RZ#006-18 -West Valley Nursing Homes Inc - Martin explained that the applicant has requested the hearing to be continued to the September 26th Planning Commission meeting so the applicant has time to continue negotiations with neighbors in the area prior to moving forward. No testimony from the audience was submitted so the Commission had consensus to continue the hearing to September 26th at which time the staff report would be presented. CPA#006-18 & RZ#007-18 - Israel Zaragoza - Martin presented staff's findings of fact, conclusions, and recommendation on this matter. Bill nordan(applicant) accentuated the success of the property owner's business to the south (Audio King and Tinting) but raised concerns with traffic congestion. He reasoned that this proposal would help in this regard since parking for the business could expand onto this property in the future. Hordan informed the Commission that the property is now vacant as the house that was on it has been demolished. He voiced that he does not have an issue with staff's recommendation to limit any new road approach on 7th St for this business at the time of project submittal and said that he expects a sitescreening requirement of a 6-ft fence at a minimum on the north property line as there is a single-family residence on the abutting property. Discussion took place on the noise complaint mentioned in the comment letter from a neighbor, which Hordan said he did not address. The Commission requested that city staff respond to the neighbor informing them of what departments they can direct their complaints to. The Commission discussed their desires for the subject lot and the lot to the south which has the business on it be merged together, for the alleyway to be paved, and for new access off of 7th St to be prohibited for this business. Rita Garza, neighbor to the north, spoke on and provided photos of troubles she's had with this business since it moved into her neighborhood, including traffic congestion, dust and insulation going onto her property from not watering the area down after the house demolition, light pollution, contractors removing a pole from her property, playing loud music and revving engines late at night, tearing up sidewalk in front of her property, repeatedly driving up and down the street, and causing a tree to fall on her fence. She added that the land use action sign posted at the site was being covered by trucks so it was not visible (the applicant addressed this earlier in his testimony, mentioning that he went to the site to move the sign so it could be seen). Garza expressed her desire for this lot to remain residential and further explained that the proposal may reduce traffic congestion but she is still highly concerned with problems - 2 - Doc. INDEX # T-ot 294 this business has caused and is therefore opposed to the opportunity for them to expand. The Commission responded to Garza, explaining that the City Clerk's office could assist in telling her which departments to contact related to these complaints. Le Roy Pacheco, Garza's boyfriend, explained that the building for this business extends almost to the end of the alley rather than using a fence on the property line. Hordan told the Commission he will follow up with the property owner and inform him that he is jeopardizing his opportunity for this rezone based on these complaints. He added that he may speak with staff about putting "no parking" signs at certain areas near the intersection. Hordan submitted an exhibit showing where the current driveway approach is to the business. Pacheco encouraged the Commission and staff not to require paving of the alley due to cars already speeding through it. It was motioned by Commissioner Hughes-Mickel and seconded by Commissioner Rose that the Yakima Planning Commission recommend approval of this amendment request from Mixed Residential to Commercial Mixed Use to accommodate a concurrent rezone from R-2 (Two-family Residential) to GC (General Commercial) to the Yakima City Council, with a modification to require a merger of the subject parcel with the parcel to the south that the business is on. The motion carried unanimously. Study Session: Hotel/Motel and Extended Stay Hotel/Motel Uses and Definitions- Calhoun went over staff's recommendations on draft definitions for hotel, motel, and extended stay hotel/motel. John Cooper from Yakima Valley Tourism voiced his support for the draft hotel/motel definition and suggested that a high percentage of rooms for short-term stay be designated in the definition. Cooper said he would ask the Ledgestone Hotel and report back what percentage of short-term rooms vs. extended- stay rooms they offer. Calhoun said he will check the building code for a definition of "kitchen facility" for clarity in case it is placed in the definition of extended-stay. Cooper confirmed that the Home2 Suites located in Richland, which is considered an "extended-stay" hotel chain and one of which is being constructed in Yakima, contains an under-the-counter refrigerator, microwave, sink, and coffeemaker, and possibly a heating pad in lieu of a stove range in their rooms. Through discussion,Calhoun defined the objective of this process to be preventing a hotel from converting to temporary worker housing and providing definitions the code was lacking. Staff and Commission concluded that stipulating in the definition that lodging would be for a fee would create a scenario in which temporary worker housing may be excluded from the extended-stay use. The Commission requested staff to report back on the state and federal definitions of H-2A and temporary worker housing. The Commission had consensus to continue discussion on this item at the next meeting. Other Business - None noted. Adjourn - A motion to adjourn to September 12, 2018 was passed with unanimous vote. Ihrnet %k1jzneth 5:07 p.m. 02- / 26/K Chair oman Byers Date This n(),i,ting was Filmed by YPAC, 4inuWs or this meetmg 5 iibm tte Li by: Lisa Maxey.Planntry,Specialist. 3 DOC. - - INDEX 295 City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of August 8, 2018 Call to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice-Chair Al Rose, Bill Cook, Jacob Liddicoat, Leanne Hughes-Mickel, Philip Ostriem YPC Members Absent: Robert McCormick (excused) Staff Present: Joseph Calhoun, Planning Manager; Lisa Maxey, Planning Specialist Council Liaison: Jason White, District 2 (absent) Others: Sign-in sheet in file Staff Announcements - Planning Manager Joseph Calhoun reminded the Commission that hearings on 4 of the Comprehensive Plan Map Amendments will be held on August 22, 2018, that the hearing on the various text amendments the Commission have been discussing is scheduled for September 12th, and that there is a hearing on a proposed rezone on September 26th, Audience Participation- None noted. Approval of Meeting Minutes of fuly,25,2018 - It was motioned by Commissioner Cook and seconded by Vice-Chair Rose to approve the meeting minutes of July 25, 2018. The motion carried unanimously. 2018 Comprehensive Plan Map Amendment Hearings -Chairwoman Byers asked commissioners if they had anything to disclose under the provisions of the appearance of fairness doctrine related to these hearings. Byers explained that she is an active member of Transform Yakima Together (TYT) but reasoned that this would not result in a conflict of interest as the requests at hand (CPA#007-18 & RZ#008-18) arc for a change in the future land use designation and zoning and not for the approval of a homeless shelter at this time which will need to go through a Request for Proposal (RFP) process to determine who will operate it. CPA#001-18 & RZ#002-18 - Coastal Farm Real Estate Inc -Calhoun presented staff's findings of fact, conclusions, and recommendation on this matter. Tom Durant of PLSA Engineering and Surveying (applicant) reiterated the reason for this proposal. No testimony was given by the audience so the public hearing was closed. Discussion ensued regarding a comment letter from the Department of Ecology regarding the likelihood of groundwater contamination in the Yakima Railroad Area. Calhoun clarified that this issue, as well as comments received from the city's Development Services'I-earn (DST), would be addressed at the project level. There was also discussion on the letter staff sent to the adjacent property owner inviting them to participate in this amendment and rezone request which did not result in a response. It was motioned by Commissioner Hughes-Mickel and seconded by Vice-Chair Rose that the Yakima Planning Commission recommend approval of this amendment request from Industrial to Commercial Mixed Use to accommodate a concurrent rezone from - - DOC. INDEX 296 M-1 (Light Industrial) to GC (General Commercial) to the Yakima City Council. The motion carried unanimously. CPA#002-18 & RZ#003-18 -Yakima Valley Farmworkers Clinic - Calhoun presented staffs findings of fact, conclusions, and recommendation on this matter. It was noted that the property owner of the adjacent parcels was invited to participate in this amendment and rezone request but did not respond. Bill Hordan of Hordan Planning Services (applicant) reiterated the reason for the proposal and clarified that Yakima Valley Farmworkers Clinic (YVFWC) had also reached out to the owner of the adjacent parcels asking them to participate in this amendment and rezone process. Hordan submitted an additional conceptual site plan showing how the facility could expand in the future without ownership of the two adjacent parcels which were originally going to be incorporated in this request. He explained that YVFWC would still likely pursue ownership of these parcels in the future for further expansion. Discussion took place on the concern of this request potentially creating a spot zone, and discussion on the ability to change the future land use designation of a property without property owner consent. No testimony was given by the audience so the public hearing was closed. It was motioned by Commissioner Cook and seconded by Vice-Chair Rose that the Yakima Planning Commission recommend approval of this amendment request from Mixed Residential to Commercial Mixed Use to accommodate a concurrent rezone from R-2 (Two-Family Residential) to GC (General Commercial) to the Yakima City Council, with a modification to staff's recommendation to also change the future land use designation of the two adjacent parcels not included in this request(parcel number 191330-41429 and 191330-41430) from Mixed Residential to Commercial Mixed Use. The motion carried unanimously. CPA#007-18 & RZ#008-18 - City of Yakima Wastewater Division- Calhoun presented staff's findings of fact, conclusions, and recommendation on this matter. Community Development Director Joan Davenport provided additional information, as requested by the Planning Commission, on why the City is making this request. Additional information included the City Council's list of several city-owned locations where a homeless camp could be established, and the fact that the Council decided on land by the wastewater treatment plant by K-Mart, which came to be known as "Camp Hope." She explained that if the Commission recommends approval of the amendment and concurrent rezone and Council approves it, Council would have discussion on what the criteria would be for the homeless housing or shelter, put out an RFP/RFQ to solicit partners in the community and make a selection, and then take the project through land use review. Brief discussion took place on how other jurisdictions are approaching this problem. Davenport and Calhoun clarified that a lot line adjustment would be done before the future land use map amendment and rezone takes effect if approved so that the land being rezoned encompasses the areas outside of the floodplain. Audience member Linda Hopkins shared her concern about the "land use action" sign being visually blocked by weeds. She then expressed her opposition to the proposal being labeled as "non-project" and spoke on problems caused by the homeless population. Hopkins voiced her opinion that there are other commercially zoned properties in the city that could be used that have utilities available. DOC. - 2 - INDEX * I 297 Kellie Connaughton, Executive Director of the Greenway Foundation,shared her observation of the erosion of neighborhoods near mission-type uses. She emphasized that the Greenway is already dealing with complications due to the temporary encampment, though they try to work with TYT. Connaughton articulated that areas around the Greenway need to be conserved and that the Greenway will lose public support if a permanent shelter goes in. Davenport clarified that staff was previously tasked with looking at city-owned properties appropriate for a shelter, not privately owned property. She mentioned a few sites that were contemplated and reasons why they were taken out of consideration. The Commission requested that Davenport bring back a complete list of locations that were considered by the City Council with reasons why they were not selected, as well as how the City could look into using private property for the shelter and what barriers there may be in pursuing that route. Connaughton told the Commission members she would provide to them copies of the Greenway Master Plan. It was motioned by Commissioner Liddicoat and seconded by Commissioner Hughes- Mickel to continue this hearing to their meeting on September 12th. Discussion: Hotel/Motel and extended Stay HoteVMotel Uses and Definitions- Calhoun reminded the Commission that there is currently no definition of hotel or motel in the zoning ordinance but that the uses are listed in Table 4-1 -Permitted Land Uses which dictates where the use is allowed. He stated that the Planning Commission has already recommended a definition to City Council which council did not adopt, and that Council now wants a recommendation regarding extended stay hotels/motels. Audience member John Cooper from Yakima Valley Tourism voiced his support for codifying a definition of hotel/motel and extended stay hotel/motel in order to sustain and grow tourism in Yakima. Calhoun informed the Commission that they need to consider what they want the definition to look like and how they want to incorporate the use in Table 4-1. Calhoun provided the history behind this topic and how the Planning Commission was tasked with this matter. Other Business - None noted. Adjourn- A motion to adjourn to August 22, 2018 was passed with unanimous vote.This meeting adjourned at 5:14 p.m. (7/ / Ve,oe g ha ir,(;ve°man Byers Date Note: These minutes were originally approved by the Planning Commission and signed on August 22, 2018. Revisions were made subsequently and brought back for the Commission's approval on October 10, 2018. Ibis meeting was filmed by YPAC.Minutes for this meeting submitted by:Lisa Maxey,Planning Specialist. - 3 - DOC. INDEX .. . :...Cr