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Home My WebLink About2004-014 Procedures for Amending Development Regulations ORDINANCE NO. 2004- 14 AN ORDINANCE concerning land use regulation and comprehensive planning; amending City of Yakima Municipal Code Chapter 16 10 to provide procedures for amending Development Regulations, amending sections 16 10 010, 16 10 020, and 16 10 100 of City of Yakima Municipal Code Chapter 16 10, and adding new section 16 10 095 to City of Yakima Municipal Code Chapter 16 10 BE IT ORDAINED BY THE CITY OF YAKIMA Section 1 Section 16 10 010 of the City of Yakima Municipal Code is hereby amended to read as follows 16.10.010 Purpose The purpose of this chapter is to provide procedures and criteria for amending and updating the Yakima Urban Area Comprehensive Plan and Development Regulations to be consistent with and implement the Comprehensive Plan pursuant to RCW 36.70A.130 Comprehensive Plan amendments may involve changes in the plan written text, the plan policy maps, or to the Future Land Use Map Comprehensive Plan and Development Regulation amendments will be reviewed in accordance with this chapter, the state Growth Management Act (GMA), the Yakima County -Wide Planning Policy (CWPP), the goals and policies of the Yakima Urban Area Comprehensive Plan, and official population growth forecasts and growth indicators, as applicable Nothing in this chapter shall be construed to limit the legislative authority of the City to consider and adopt amendments and revisions to the Yakima Urban Area Comprehensive Plan or the City's development regulations. Section 2 Section 16 10 020 of the City of Yakima Municipal Code is hereby amended to read as follows 16.10.020 Applicability (1) The criteria and requirements of this chapter shall apply to all applications or proposals for changes to the Comprehensive Plan text or map designations and Development Regulations, unless specifically exempted. The following types of Comprehensive Plan amendments may be considered through the Comprehensive Plan amendment process (a) Future Land Use Map changes, (b) Changes to other plan policy maps, and, (c) Comprehensive Plan text changes (2) The cntena of this chapter shall apply to Comprehensive Plan designations and Development Regulation amendments no more frequently than once a year, except that amendments may be considered more frequently for special circumstances as may be provided for in RCW § 36 70A 130, or as the same may be hereafter amended. 1 (3) Definitions - Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter (a) "Comprehensive Plan" shall mean the most recent version of the Yakima Urban Area Comprehensive Plan, inclusive of all adopted amendments (b) "Future Land Use Map" shall mean the GIS map maintained by the City of Yakima as its approved current Future Land Use Map (c) "Interested Parties" shall mean any person or persons who have provided their names and addresses in writing to Planning staff and indicated their desire to receive mailings regarding a specific land use application within a specified area of the City of Yakima. (d) "Property Owners" shall mean the person or persons shown as the owner of a parcel or parcels on the official records of the Yakima County Assessor as of the date of mailing a land use notice (e) "Text Amendment" shall mean any Comprehensive Plan amendment in the form of text changes or standards modifications, whether in the form of additions, corrections, or other modifications. (f) "Plan policy map" shall mean any geographic depiction or map contained in the Comprehensive Plan other than the Future Land Use Map (g) "Planning staff' shall mean staff members of the City Code Administration and Planning Division (h) "Development Regulations" or "Regulation" means the controls placed on development or land use activities by Yakima County or the City of Yakima, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinance, and binding site plan ordinances together with any amendments thereto. A Development Regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of Yakima County or the City of Yakima. Section 3 New Section 16 10 095 is hereby added to the City of Yakima Municipal Code to read as follows 16.10.095 Development Regulation Amendments. Changes to the Development Regulations of the Yakima Municipal Code, unless otherwise provided for, shall follow the amendment procedures of Chapter 16.10, Comprehensive Plan Amendment Procedures, except the general mailing to property owners located within five hundred (500) feet of external property line boundaries, as stated in 16.10.070(1) Public Process and Notice on Proposed Comprehensive Plan Amendment, shall not apply. Section 4 Section 16 10 100 of the City of Yakima Municipal Code is hereby amended to read as follows 16.10.100 Implementation and Application of Comprehensive Plan Amendment Procedures for the Year 20031 Upon the passage, approval, and publication of this ordinance, and for calendar year 20034 only, the amendment process shall be 2 deemed open for all pending applications and for all applications received by the last business day in Apnl, 20034, without otherwise requiring announcement from the Regional Planning Commission as contemplated in YMC § 16 10 030 and YMC § 16 10 060 Publication of this ordinance shall be deemed sufficient notice to the public that the amendment process for calendar year 20034 is open All other notice obligations required by this chapter shall remain in full force and effect dunng the 20034 amendment cycle Section 5 If any of the provisions of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances shall not be affected. Section 6 This ordinance shall be in full force and effective 30 days after its passage, approval and publication as provided by law and the City Charter PASSED BY THE CITY COUNCIL, at a regular meeting this 16th day of March, 2004 Paul P George, Mayor ATTEST City Clerk Publication Date 3 -19 -2004 Effective Date 4 -18 -2004 3 Yakima Urban Area Comprehensive fl ' Plan Development Regulation Process A o evelopmen Tuesday, March 16, 2004 . ` , ' NOTICE "& • Aniendrnent ; . •DBLICATIO. • ` Publish in - rocess.Begi , • Ps Newspaper, Local Trade Journals Development ; " , ^ ` _ Regulation ', ,,Accept "= z Amendments ,Open for is Interested Parties ' ''..' Anieridments: ' Set Amount of Time ' .N e °..., ■ Reviewing Agencies RPC.WorI1 60 Day Notice to Session for CTED on A • Proposed, N., Received -'� •Amendment(s)' '>, "' e",; - r Publish in EPA Process o. Newspaper, Local Begins d Trade Journals :.•RPC of Notice of • Amendments ' ;NOTICE Interested Parties Notice of t •P om ublic Hearing - r Sent SEPA Y« + "'' • Determination ■ Reviewing & Deadline Agencies for Appeal `''RPC'Public Publish in 4 Hearing. .m � Is Newspaper, Local • SEPA Appeal '� Trade Journals Period Ends Afirt , is Interested Parties � .,„ NDTICE o " 4 RP,C - ecommendation - ecommendation ' and Public M ,, Hearing • All Parties of Record NOTE. Development Regulation Reviewing amendment process . 60 Day Notice to Is Agencies can be done anytime CTED before throughout the year adoption of , Appeal Of as time permits Ariiendment(s). Development • Regulation Decision =Joint City /County Joint Decision' Legal Ad of Board Public v `Made byElected Hearin *-, t. Bodies Ordinance in Full ,"1:� ''?A 4 Tan = The Development Regulation Process • fter Final Adoption . notice sent to CTED Blue = The Notice within 10 days Yellow = To whom the notice is sent Green = The Environmental Process City of Yakima Development Regulation Amendment Process DEVELOPMENT REGULATIONS CHECKLIST .'� CITY OF YAKIMA - k � CODE ADMINISTRATION AND PLANNING DIVISION ''' GROWTH MANAGEMENT ACT Notice of Proposed Adoption of Development Regulation Name and Address of City City of Yakima, 129 North Second Street, Yakima, Washington 98901 Name of Person Completing Checklist: Doug Maples, CBO Plan Reviewer Date of Filing Notice with OCD Date Notice Received by OCD Date OCD Contacted Local Government That Notice and Plan Received Date of Proposed Adoption (Must be at least 60 days from date OCD receives notice) Part of Development Regulations to be Adopted 1 Enclosures to Submit to OCD Sent Received by a) 2 copies of proposed development OCD , t ` regulations Note Shaded Area for Official Use - b) Outline of the established procedures for the public participation process (completed ,., 4 and scheduled) ° r Y c) Outline of SEPA compliance process (enclosing any SEPA documents generated to date and not previously submitted to OCD) w d) Outline of coordination efforts with „, adjacent jurisdictions to ensure interjurisdictional consistency' T Page 1 Note * Italicized Items Are Not Necessarily a Requirement of the GMA. Some items may be requirements of other state or federal laws. Development Regulation Provisions Location in Plan Policy City of Yakima Development Sections Code Administration and Planning Division Regulations (ord. Implemented Growth Management Act Comments # /code section) 11. Identify Where in Your Proposed Comprehensive Plans the Following Items Were Addressed: A. DEFINITION OF TERMS B REQUIRED REGULATIONS TO IMPLEMENT COMPREHENSIVE PLAN ELEMENTS [RCW 36 70A.040(4)(d)] 1 Zoning Map a Zoning designations clearly defined [RCW 36 70A. 030(7)] b Zoning types and densities consistent with comprehensive plan map designations [RCW 36 70A.040(4)], [RCW 36 70A. 030(7)] c Indicates delineated UGA boundaries consistent with county map (cities only) [RCW 36 70A.110 (6)], (WAC 365 -195- 815) d Historic districts/Historic property designations/Historic overlay zones 2 Zoning designations — types and levels of permitted uses [RCW 36 70A.040(4)(d)], [RCW 36 70A 030(7)] a Residential densities consistent with comprehensive plan and appropriate under the GMA b Provisions for industrial areas c. Provisions for commercial areas Page 2 Note. * Italicized Items Are Not Necessarily a Requirement of the GMA Some items may be requirements of other state or federal laws. Development Regulation Provisions Location in Plan Policy Office of Community Development Development Sections Growth Management Program Comments Regulations (ord Implemented # /code section) d Accessory dwelling units in single - family zones (RCW 36 70A.400 and 43 63A.215 (3)— required for cities over 20,000 and counties fully planning under GMA.) e Requirement to treat a residential structure occupied by persons with handicaps the same as a similar residential structure occupied by a family or other unrelated individuals [RCW 36 70A.410, RCW 70 128 140, Washington laws against discrimination, RCW 49 60 222 -225, Federal Fair Housing Act, as Amended, 42 USC 3602 et seq] f Requirement to treat a residential structure occupied by group care for children that meets the definition of "familial status" the same as a similar residential structure occupied by a family or other unrelated individuals. [Washington Laws Against Discrimination, RCW 49 60 222- 225, Federal Fair Housing Act, as Amended, 42 USC 3602 et seq] g Family day -care providers home facility — cannot regulate or condition the siting of family day- care homes differently than permitted uses within the same residential or commercial zone Page 3 Note * Italicized Items Are Not Necessarily a Requirement of the GMA Some items may be requirements of other state or federal laws. Development Regulation Provisions Location in Plan Policy City of Yakima Development Sections Code Administration and Planning Division Regulations (ord Implemented Growth Management Act Comments # /code section) (family day -care facilities are defined as those providing in- home care for 12 or fewer children) [RCW 74 15 020] h Manufactured homes treated the same as any single- family home (National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U S C 5401, et seq) i Affordable housing strategies and land use efficient techniques within UGAs [RCW 36 70A.070(2)] and [RCW 36 70A.020(2)] i) Innovative techniques to promote higher densities. Examples. zero lot lines, narrow streets, individual housing with common areas, mixed commercial and residential uses allowed or promoted, and design standards that promote compatible high density development and mixed uses, and pedestrian - friendly neighborhoods (RCW 36 70A.020 (2) and RCW 36 7011.070 (2)] ii) Planned unit developments iii) Cluster developments iv) Transfer /purchase of Page 4 Note * Italicized Items Are Not Necessarily a Requirement of the GMA Some items may be requirements of other state or federal laws. Development Regulation Provisions Location in Plan Policy Office of Community Development Development Sections Growth Management Program Comments Regulations (ord Implemented # /code section) development rights v) Provisions for allowing small lot sizes in UGA. vi) Inclusionary housing clauses for large residential developments j Historic districts/Historic property designations/Historic overlay zones C CONCURRENCY 1 Transportation a Concurrency requirement may or may not be in a separate ordinance, but should include specific language that prohibits development when level of service standards for transportation facilities cannot be met [RCW 36 70A.070(6)(b)] b Measures to maintain levels of service established consistent with comprehensive plan [RCW 36 70A.070(6)(a)(iii)(B)] c. Measures to maintain established levels of service [RCW 36 70A.070(6)(b)] d Highways of state -wide significance exempted from concurrency ordinance [RCW 36 70A.070(6)(a)(iii)(C)] 2 Concurrency for other public facilities and services (WAC 365- 195 -835) a Ordinances adopted Page 5 Note * Italicized Items Are Not Necessarily a Requirement of the GMA Some items may be requirements of other state or federal laws. Development Regulation Provisions Location in Plan Policy City of Yakima Development Sections Code Administration and Planning Division Regulations (ord. Implemented Growth Management Act Comments # /code section) b Measures to maintain established levels of service D SUBDIVISION CODE [RCW 36 70A.030(7)], [WAC 365- 195 - 825(4)] 1 Written findings establishing adequacy under RCW 58 17 110(c) for a Streets or roads, sidewalks, alleys, other public ways, transit stops b Potable water supplies, sanitary wastes, drainage ways (stormwater retention and detention) c. Open spaces, parks and recreation, playgrounds d Schools and school grounds e Landscaping, street trees, lighting 2 Standards to promote transit and pedestrian- friendly developments 3 Measures to preserve or enhance sites of cultural resources E CRITICAL AREAS [RCW 36 70A.060(2)] [WAC 365- 195 - 825(2)] 1 Designation of five critical areas (wetlands, fish and wildlife conservation areas, frequently flooded areas, areas with a critical recharging effect on aquifers used for potable water, and geologically hazardous areas) consistent with OCD's Minimum Guidelines 2 Regulations protecting such areas 3 Inclusion of and reference to the best available science [RCW 36 70A.172(1)] (WAC 365- 195 -900 et seq) Page 6 Note * Italicized Items Are Not Necessarily a Requirement of the GMA Some items may be requirements of other state or federal laws. Development Regulation Provisions Location in Plan Policy Office of Community Development Development Sections Growth Management Program Comments Regulations (ord Implemented # /code section) 4 Consistency of ordinances with comprehensive plan policies [RCW 36 70A.040(4)(d)] and [RCW 36 70.A.060(3)] 5 Wetlands a Provision for delineation of wetlands consistent with manual adopted by Department of Ecology [RCW 36 70A.175] b Specification of qualifications for persons determining presence and extent of wetlands on site c Buffers d Mitigation defined and required e Regulated activities listed f Enforcement provisions 6 Conservation or protection measures necessary to preserve or enhance anadromous fisheries [RCW 36 70A.172(1)] 7 Fish and Wildlife Habitat Conservation Areas 8 Identification of other critical areas F SHORELINE MASTER PROGRAM 1 Shoreline environmental designations consistent with comprehensive plan and zoning designations [RCW 36 70A.480] 2 Shoreline policies consistent with other comprehensive plan elements [RCW 36 70A.070 480] 3 Consistency with critical areas ordinances [RCW 36 70A.040(4) and 070] Page 7 Note * Italicized Items Are Not Necessarily a Requirement of the GMA. Some items may be requirements of other state or federal laws. Development Regulation Provisions Location in Plan Policy City of Yakima Development Sections Code Administration and Planning Division Regulations (ord Implemented Growth Management Act Comments # /code section) G CLEARING AND GRADING ORDINANCE H NATURAL RESOURCES OF LONG -TERM COMMERCIAL SIGNIFICANCE 1 Regulations to conserve natural resource lands, including residential density requirements [RCW 36 70A.060(1)] 2 Consistency with natural resource lands regulations in comprehensive plan 3 Provisions for regulating lands adjacent to natural resource lands to ensure use doesn't interfere with natural resource production [RCW 36 70A.060(1)] 4 Provision for notice on all development permits and plats within 500 feet of designated natural resource lands of nearby natural resource lands and associated commercial activities [RCW 36 70A.060(1)] 5 Transfer of development rights programs for designation of forest or agricultural lands inside of UGA [RCW 36 70A.060(4)] 6 Designation consistent with minimum guidelines [WAC 365 -190] 7 Provisions to comply with RCW 76 09 240 regarding conversion of natural resource lands 8. Provisions for the identification and protection of sites of cultural and /or historic significance I POTABLE WATER 1 Building permit provisions which require Page 8 Note * Italicized Items Are Not Necessarily a Requirement of the GMA. Some items may be requirements of other state or federal laws. Development Regulation Provisions Location in Plan Policy Office of Community Development Development Sections Growth Management Program Comments Regulations (ord Implemented #/code section) appropriate water quantity and quality supply levels for proposed development [RCW 19 27 097] 2 Urban areas - provisions for local requirements for connection to domestic water systems 3. Wellhead protection requirements J WATER QUALITY AND STORMWATER DRAINAGE 1 Provisions to ensure water quality and stormwater drainage regulations consistent with Land Use Element policies [RCW 36 70A.070(1)] 2 Western Washington counties and cities - adoption of the Department of Ecology Storm Water Manual for Western Washington (2001), United States Environmental Protection Agency NPDES (Section 402) Phase 2 permit requirements. [RCW 36 70A.070 (1)] 3 Eastern Washington counties and cities - United States Environmental Protection Agency Phase 2 requirements (Ecology is developing new stormwater manual for Eastern Washington) [RCW 36 70A. 070 (1)] K. SEWER - SEPTIC - SYSTEMS 1 Requirements for connection to sanitary sewer (urban areas) 2 UGA areas on Septic a Requirements for approval of on- site systems by county health department Page 9 Note * Italicized Items Are Not Necessarily a Requirement of the GMA Some items may be requirements of other state or federal laws. Development Regulation Provisions Location in Plan Policy City of Yakima Development Sections Code Administration and Planning Division Regulations (ord Implemented Growth Management Act Comments # /code section) b Provisions for monitoring and maintaining septic systems 3 Provisions for corrective action for failing septic systems that pollute waters of the state [RCW 36 70A.070(1)] a Provisions to identify and /or monitor sites used for archaeological resources L. PROJECT REVIEW PROCEDURES 1 Project review process integrating permit and environmental review (Chapters 36 70B RCW and 43 21C RCW) M TRANSPORTATION DEMAND MANAGEMENT 1 Provisions for traffic demand management requirements consistent with comprehensive plan [RCW 36 70A.070(6)(b)) 2. Commute trip reduction ordinances N SEPA (ENVIRONMENTAL REVIEW) 1 Adoption of a SEPA ordinance consistent with project review integration requirements (Chapters 36 70B RCW and 43.21C RCW) 2. Adoption of the comprehensive plan, development regulations, and other plans or ordinances as SEPA substantive policies O SITING ESSENTIAL PUBLIC FACILITIES 1 Criteria for identifying and siting essential public facilities (RCW 36 70A.200), [RCW 36 70A.040(4)(d)] Page 10 Note * Italicized Items Are Not Necessarily a Requirement of the GMA. Some items may be requirements of other state or federal laws. Development Regulation Provisions Location in Plan Policy Office of Community Development Development Sections Growth Management Program Comments Regulations (ord Implemented # /code section) 2 Process for siting essential public facilities 3 Review of provisions to ensure no development regulation precludes the siting of essential public facilities 4 Location of essential public facilities outside of known hazardous areas (earthquake faults, floodplains, and tsunami inundation areas) P PUBLIC PARTICIPATION PROGRAM 1 An established process for early and continuous public notification and participation in the planning process and development regulation changes (RCW 36 70A.020(11), 035, and 140) Q AMENDMENTS TO COMPREHENSIVE PLANS AND DEVELOPMENT REGULATIONS 1 Provisions limiting amendments to the comprehensive plan to once a year (with statutory exceptions) [RCW 36 70A.130(2)] 2. Definition of emergency for an emergency plan amendment 3 Process for requesting and considering plan and regulation amendments [RCW 36 70A.130(2)(a) 4 Docketing process established for docketing deficiencies for future amendment of the comprehensive plan and /or development regulations (deficiencies identified during project review) (RCW 36 70A.470) Page 11 Note * Italicized Items Are Not Necessarily a Requirement of the GMA. Some items may be requirements of other state or federal laws. Development Regulation Provisions Location in Plan Policy City of Yakima Development Sections Code Administration and Planning Division Regulations (ord Implemented Growth Management Act Comments # /code section) R. MASTER PLANNED RESORTS (OPTIONAL PER RCW 36.70A 360 AND 362) 1 Regulations consistent with and implementing comprehensive plan policies for master planned resorts, including a Restrictions precluding new urban or suburban land uses in the vicinity of the resort, except UGAs [RCW 36 70A.360(4)(b)] b Provisions ensuring that the primary focus is on destination resort facilities consisting of short - term visitor accommodations associated with a range of developed on -site indoor or outdoor recreational facilities [RCW 36 70A 360(1)] c. Provisions for residential uses limited to uses that are integrated into and support the on -site recreational nature of the resort [RCW 36 70A.360(3)] d Provisions for infrastructure limited to meeting needs of the resort [RCW 36 70A.360(2)] e Findings in the adopting ordinance that long -term commercial forest or agricultural land is better suited for the resort [RCW 36 70A.360(3)(c)] S MAJOR INDUSTRIAL DEVELOPMENTS (AND INDUSTRIAL LAND BANKS) OUTSIDE OF UGA (OPTIONAL PER RCW 36 70A.365 AND 367) Page 12 Note * Italicized Items Are Not Necessarily a Requirement of the GMA. Some items may be requirements of other state or federal laws. Development Regulation Provisions Location in Plan Policy Office of Community Development • Development Sections Growth Management Program Comments Regulations (ord Implemented # /code section) 1 Regulations adopted to ensure urban growth does not occur in adjacent nonurban areas, etc. [RCW 36 70A.365(2)(e)] 2 Criteria for approval [RCW 36 70A.365(2)] U ENFORCEMENT [WAC 365- 195- 805(1)(d)] 1 Provisions for ensuring adequate enforcement of development regulations, including zoning and critical area ordinances, have been adopted (civil or criminal penalties) 2 Other Development Regulations Needed To Implement Your Comprehensive Plan Page 13 Note * Italicized Items Are Not Necessarily a Requirement of the GMA. Some items may be requirements of other state or federal laws. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No For Meeting of March 16, 2004 ITEM TITLE Public Hearing and consideration of an Ordinance to amend the Yakima Municipal Code Chapter 1610, concerning land use regulations and providing procedures and criteria for amending and updating (Development Regulations) within the Yakima Urban Area Comprehensive Plan SUBMITTED BY William R Cook, Director of Community and Economic Development Department CONTACT PERSON/TELEPHONE Doug Maples, Code Administration and Planning Manager (509) 575 -6121 SUMMARY EXPLANATION On March 18, 2003, the City Council passed an ordinance concerning land use regulation and comprehensive planning, and amending the Yakima Municipal Code to establish a new chapter, Chapter 1610, to provide procedures for amending the Yakima Urban Area Comprehensive Plan The proposed ordinance has been prepared to comply with the Eastern Washington Growth Management Hearing Board's December 5, 2002 decision as well as further instruction from the Eastern Washington Growth Management Hearing Board's The further instructions indicated the City was also to provide a public participation program for the Development Regulation Amendment process The Growth Management Hearing Board has directed the City Council to adopt policies and procedures to assure public participation early and often above all other considerations when the City Council considers Development Regulation amendments in the future These elements include notice, content, timing and a list of agencies to be notified and the process for reviewing and approving amendments to the city's Development Regulations that control land use regulations Resolution Ordinance X Other (Specify) Contract Mail to (name and address) Phone Funding Source APPROVED FOR SUBMITTAL City Manager STAFF RECOMMENDATION City Council to adopt the amended ordinance establishing a Development Regulation Amendment public participation process BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION Ordinance passed. ORDIANCE NO. 2004-14.