HomeMy WebLinkAbout1998-067 Critical Areas ORDINANCE NO. 98- 67
AN ORDINANCE relating to critical areas, adding a new chapter to the Yakima Urban
Area Zoning Ordinance.
WHEREAS, the City of Yakima is required by the Washington Growth Management
Act, chapter 36.70A RCW, to adopt regulations to identify and protect statutorily defined
critical areas within the City; and
WHEREAS, pursuant to the provisions of the Urban Area Regional Planning Agreement,
the Regional Planning Commission and the Joint Board have reviewed and recommended the
following proposed Critical Areas provisions for enactment by the City of Yakima in
satisfaction of the GMA requirements; and
WHEREAS, the City Council has reviewed the following proposed Critical Areas
provisions and finds it is in the best interests of the City that they be enacted by the City of
Yakima in satisfaction of the GMA requirements; now therefore
•
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. A new chapter is added to the Yakima Urban Area Zoning Ordinance, chapter
15.27 YMC, to read as follows:
1 Chapter 15.27
2 CRITICAL AREAS
3 Sections:
4 PART ONE— AUTHORIZATION AND PURPOSE
5 15.27.100 Statutory authorization.
6 15.27.110 Statement of purpose.
7 PART TWO— DEFINITIONS
8 15.27.200 Definitions.
9 15.27.201 Act.
10 15.27.202 Adjacent.
11 15.27.203 Administrative authority.
12 15.27.204 Alteration.
13 15.27.205 Appeal.
14 15.27.206 Applicant.
15 15.27.207 Aquifer.
16 15.27.208 Aquifer susceptibility.
17 15.27.209 Buffer.
18 15.27.210 City.
19 15.27.211 Clearing.
20 15.27.212 Conservation easement.
• Page 1 of 26
21 15.27.213 Critical aquifer recharge area.
22 15.27.214 Critical areas.
23 15.27.215 Critical area maps.
24 15.27.216 Critical facilities.
25 15.27.217 Department.
26 15.27.218 Development.
27 15.27.219 Development application.
28 15.27.220 Director.
29 15.27.221 Disturbance of vegetation.
30 15.27.222 Enhancement.
31 15.27.223 Erosion hazard areas.
32 15.27.224 Fish and wildlife habitat conservation.
33 15.27.225 Fish and wildlife habitat conservation areas.
34 15.27.226 Geologically hazardous areas.
35 15.27.227 Geologist.
36 15.27.228 Geotechnical engineer.
37 15.27.229 Grading.
38 15.27.230 Ground water
39 15.2 7.231 Infiltration.
40 15.27.232 Hazardous substances.
41 15.27.233 Hearing Examiner.
42 15.27.234 High intensity land use.
43 15.27.235 Lot of record. _
44 15.27.236 Low intensity land use.
45 15.27.237 Lowest floor.
46 15.27.238 Habitable floor.
47 15.27.239 Mitigation.
48 15.27.240 Monitoring.
49 15.27.241 Native vegetation.
50 15.27.242 Natural disasters.
51 15.27.243 Natural hazard areas.
52 15.27.244 New construction.
53 15.27.245 Noxious weed.
54 15.27.246 Ordinary high water mark.
55 15.27.247 Permeability.
56 15.27.248 Plant associations of infrequent occurrence.
57 15.27.249 Public agency.
58 15.27.250 Qualified professional.
59 15.27.251 Reasonable use.
60 15.27.252 Regional retention /detention facility.
61 15.27.253 Regulated activities.
62 15.27.254 Restoration.
63 15.27.255 Retention /detention facility.
64 15.27.256 Salmonid.
Page 2 of 26
e r
65 15.27.257 Species of local importance.
66 15.27.258 Stream.
67 15.27.259 Substantial improvement.
68 15.27.260 Unavoidable and necessary impacts. •
69 15.27.261 Urban growth.
70 15.27.262 Urban growth, characterized by.
71 15.27.263 Vulnerability.
72 15.27.264 Water table.
73 15.27.265 Wetland edge.
74 15.27.266 Wetlands, regulated.
75 PART THREE— LANDS TO WHICH THIS CHAPTER APPLIES
76 15.27.300 Lands to which this chapter applies.
77 15.27.310 Critical areas.
78 15.27.320 Critical area maps.
79 PART FOUR— SPECIAL STUDIES AND DEVELOPMENT STANDARDS
80 15.27.410 Wetlands.
81 15.27.411 Wetlands rating system.
82 15.27.412 Development standards— regulated wetlands.
83 15.27.420 Streams, Stream Classification and Impact Report.
84 15.27.421 Stream buffers.
85 15.27.430 Critical aquifer recharge areas.
86 15.27.440 Geologically hazardous /steep slope hazard areas.
87 15.27.450 Fish and wildlife habitat conservation areas.
88 PART FIVE— PROCEDURES, ENFORCEMENT, AND ADMINISTRATION
89 15.27.500 Development permit required.
90 15.27.510 Special studies.
91 15.27.520 Relation to other city approval processes.
92 15.27.530 General exemptions.
93 15.27.540 Public agency and utility exception.
94 15.27.550 Reasonable use exception.
95 15.27.560 Designation of the Director of Community and Economic Development.
96 PART SIX— VARIANCE PROCEDURE
97 15.27.600 Appeal.
98 15.27.610 Conditions for variances.
99 PART SEVEN— MISCELLANEOUS
100 15.27.700 Nonconforming developments.
101 15.27.710 Compliance.
102 PART ONE— AUTHORIZATION AND PURPOSE
103 15.27.100 Statutory authorization.
104 The Legislature of the State of Washington has, in RCW 36.70A.060, mandated local
105 governments who plan under 36.70A.040 to adopt development regulations precluding land
Page3of26
106 uses or development that are incompatible with critical areas. Critical areas to be regulated
107 are designated under RCW 36.70A.170.
108 15.27.110 Statement of purpose.
109 It is the purpose of this chapter to provide minimum standards to promote the public
110 health, safety and general welfare in specific areas by provisions designed to:
111 • Implement the Yakima Urban Area Comprehensive Plan, Natural Environment
112 Element and associated policies;
113 • Further the public's interest in the conservation and wise use of our lands;
114 • Preclude land uses and developments that are incompatible with critical areas;
115 • Protect unique, fragile and valuable elements of the environment including wildlife and
116 its habitat;
117 • Mitigate unavoidable impacts to environmentally critical areas by regulating alterations ,
118 in and adjacent to critical areas;
119 • Prevent cumulative adverse environmental impacts to water availability, water quality,
120 wetlands and streams;
121 • Minimize damage to public facilities and utilities such as water and gas mains, electric,
122 telephone and sewer lines, street and bridges located in hazard areas;
123 • Help maintain a stable tax base by providing for the sound use and development of
124 areas of special hazard so as to minimize future blight areas; and
125 • Ensure that those who occupy the areas of special hazard assume responsibilities for
126 their actions.
127 The City's enactment or enforcement of this chapter shall not be construed for the benefit
128 of any individual person or group of persons other than the general public. In the event of a
129 conflict between the intent of this subsection and any other provision of this chapter, this
130 subsection shall govern insofar as applicable.
131 PART TWO DEFINITIONS
132 15.27.200 Unless specifically defined below, words or phrases in this chapter shall be
133 interpreted so as to give them the meaning they have in common usage and to give this
134 chapter its most reasonable application. The following words, phrases and terms as used
135 in this chapter shall have the following meaning ascribed to them, unless a different
136 meaning clearly appears from the context.
137 15.27.201 Act.
138 The Growth Management Act
139 15.27.202 Adjacent.
140 For the purposes of critical areas, within 300 feet of a critical area.
Page 4 of 26
•
141 15.27.203 Administrative authority. •I
142 Those public officials authorized by this chapter to administer the provisions and employ
143 the procedures set forth in this chapter. .. 1 -
• 144 15.27.204 Alteration. ,I
145 Any human - induced action which adversely impacts the existing condition of a critical '
146 area. Alterations include, but are not limited to, .grading; filling; dredging; draining; •
147 channelizing; cutting, pruning, limbing or topping, clearing, relocating or removing
148 vegetation; applying herbicides or pesticides or any hazardous or toxic substance; discharging
149 pollutants excepting stormwater; grazing', domestic animals; paving, construction, application .
150 of gravel; modifying for surface water management purposes; or any other human activity that
151 adversely impacts the existing vegetation; 'hydrology, wildlife or wildlife habitat. Alteration
152 does not include walking, passive recreation, fishing and other similar activities.
153 15.27.205 Appeal.
154 A request for a review of the interpretation by the Director of any provision of this •
155 chapter or a request for a variance. I
156 15.27.206 Applicant.. .
157 Any person or business entity which,applies for a development proposal; permit or
158 approval subject to review under the sen areas code.
159 15.27.207 Aquifer. .
160 A geological formation, group of formations or part of a formation that is capable of
161 yielding a significant amount of water to L well or spring.
162 - 15.27.208 Aquifer susceptibility. .
163 The ease with which contaminants can move from the land surface to the.aquifer based
164 solely on the types of surface and subsurface materials in the area. "
165 15.27.209 Buffer.
166 A designated area adjacent to a stream or wetland that mitigates the adverse impacts to and
167 protects the integrity, functions and values of a wetland and /or habitat; a designated area
168 adjacent to a steep slope or landslide hazard area which protects slope stability -
•
169 15.27.210 City.
170 The City of Yakima, Washington, a municipal corporation. .
171 15.27.211 Clearing. '
172 'The cutting or removal of vegetation ' or other organic plant material by physical, ,
• 173 mechanical, chemical, or any other mean's. ..
;;Page 5 . .
174 15.27.212 Conservation easement.
175 A reservation or encumbrance on a particular piece of real property that precludes
176 building improvement(s) intended for human habitation or other structures or activities that
177 would frustrate the primary purpose of the easement as a buffer.
178 15.27.213. Critical aquifer recharge area.
179 Areas that are,determined to have a critical . recharging effect on aquifers used as a source
180 for potable water and that are vulnerable to contamination from recharge.
181 15.27.214 Critical. areas.
182 Wetlands; •
183 Areas with a critical recharging effect on aquifers used for potable water;
184 Frequently flooded areas;
185 Geologically hazardous areas; and
186 Fish and wildlife habitat conservation areas, as designated under RCW 36.70A.170.
187 15.27.215 Critical area maps.
188 Maps contained within the Yakima Urban Area Comprehensive Plan, Natural
189 Environment Element, including Wetlands, Aquifer Characteristics, Floodplains,.Wildlife,
190 and Geologic.Hazards. These.maps are adopted by reference and are intended - Co regulate
191 development proposed within critical areas.
192 15.27.216 Critical facilities. :
193 Those facilities necessary to protect the public health, safety and.welfare which are defined
194 under the occupancy categories of Essential Facilities,'Hazardous Facilities and Special
195 Occupancy Structures in the Uniform Building Code, Table No; 23 -K (1988). These facilities
196 include, but are not limited to, schools, hospitals, police stations, fire departments and other
197 emergency response facilities and nursing homes. Critical facilities also include sites of
198 hazardous materials storage or production.
199 15.27.217 Department.
200 The Department of Community and Economic Development, City of.Yakima.
201 15.27.218 Development. , .
202 Any manmade change to improved or unimproved real estate, including but not limited to
203 buildings or other structures, mining, dredging, filling, grading, paving, disturbance of
204 vegetation, excavation or drilling operations located within the critical area, and the •
205 subdivision of property.
206 15.27.219 Development application.
207 An application tendered under the provision of City Zoning Ordinance or an. application
208 submitted pursuant to the Yakima Subdivision Ordinance.
209 15.27.220 Director.
210 The director of the Department of Community and Economic Development.
Page 6 of 26 •
211 15.27.221 Disturbance of vegetation.
212 Any action taken by any person within or adjacent to a wetland which alters the nature
213 and character of the vegetation.
214 15.27.222 Enhancement.
215 An action which increases the functions and values of a wetland or other critical area.
216 15.27.223 Erosion hazard areas.
217 Those areas .containing soils which, according to the United States Department of
218 Agriculture Soil Conservation Service Soil Classification System, may experience severe to
219 very severe erosion.
220 15.27.224 Fish and wildlife habitat conservation.
221 Land management for maintaining species in suitable habitats within their natural
222 geographic distribution so that isolated subpopulations are not created.
223 15.27.225 Fish and wildlife habitat conservation areas.
224 Areas with which endangered, threatened and sensitive species have a primary association.
225 Habitats and species of local import ance which include a seasonal range or habitat element
226 with which a given species has a primary association and which, if altered, may reduce the
227 likelihood that the species will maintain and reproduce over the long term. These might
228 include areas of high relative density or species richness, breeding habitat, winter range and
229 movement corridors. These might also include habitats that are of limited availability or high
230 vulnerability to alteration such as cliffs, talus and wetlands. Species of local importance are
231 those species that are of local concern due to their population status or their sensitivity to
232 habitat manipulation or that are game species.
233 Naturally occurring ponds under twenty acres and their submerged aquatic beds that
234 provide fish or wildlife habitat. These d'o not include ponds deliberately designed and created
235 from dry sites such as canals, detention facilities, wastewater treatment facilities, farm ponds,
236 temporary construction ponds (of less than three years duration) and landscape amenities.
237 However, naturally occurring ponds may include those artificial ponds intentionally created
238 from dry areas in order to mitigate conversion of ponds, if permitted by a regulatory
239 authority.
240 Lakes, ponds, streams and rivers planted with game fish, including fish planted under the
241 auspices of federal, state, local or tribal program or which supports priority fish species as
242 identified by the Department of Wildlife.
243 State natural area preserves and natural resource conservation areas.
244 Waters of the State as established in WAC 222 -16 -030.
245 15.27.226 Geologically hazardous areas.
246 Areas that because of their susceptibility to erosion, sliding, earthquake, or other
247 geological events, are not suited to siting commercial, residential, or industrial development
248 consistent with public health or safety concerns. All lands within the City will be classified as
249 either (1) high risk or (2) intermediate risk as shown on Map IX -5, Yakima Urban Area
250 Comprehensive Plan.
Page 7 of 26
251 Geological hazards include:
252 Erosion Hazard Areas: Identified as having high or very high water erosion hazard by the
253 U.S. Department of Agriculture Soil Conservation Service as supplied by the SCS area office.
254 Steep Slope Hazard Areas: Any ground that rises at an inclination of 40% or more within
255 a vertical elevation change of at least ten feet (a vertical rise of ten feet or more for every
256 twenty -five feet of horizontal distance). A slope is delineatedby establishing its toe and top
257 and measured by averaging the inclination over at least ten feet of vertical relief.
258 Toe of a slope is a distinct topographic break in slope which separates slopes inclined at
259 less than 40% form slopes equal to or in excess of 40 %. Where no distinct break exists, the toe
260 of a steep slope is the lowermost limit of the area where the ground surface drops ten feet or
261 more vertically within a horizontal distance of twenty -five feet.
262 Top of a slope is a distinct, topographic break in slope which separates slopes inclined at
263 less than 40% from slopes equal to or in excess of 40 %. Where no distinct break in slope
264 exists, the top of slope shall be the uppermost limit of the area where the ground surface drops
265 ten feet or more vertically within a horizontal distance of twenty -five feet.
266 15.27.227 Geologist. •
267 A person who has earned a degree in geology from an accredited college or university or a
268 person who has equivalent educational training and has experience as a practicing geologist.
269 15.27.228 Geotechnical engineer.
270 A practicing geotechnical /civil engineer licensed as a professional Civil Engineer with the
271 State of Washington who has at least four years of professional employment as a geotechnical
272 engineer with experience in landslide evaluation.
273 15.27.229 Grading.
274 Any excavation, filling, removing of earth on any piece of property within the City.
275 15.27.230 Ground water
276 Water in a saturated zone or stratum beneath the surface of land or water.
277 15.27.231 Infiltration.
278 The downward entry of water into the immediate surface of the soil.
279 15.27.232 Hazardous substances.
280 Any liquid, solid, gas or sludge, including any material, substance, product, commodity, or
281 waste, regardless of quantity, that exhibits any of the physical, chemical, or biological
282 properties described in chapter 173 303 - 090 or 173 - 303 - 100 WAC.
283 15.27.233 Hearing Examiner.
284 For the purpose of this section, the Hearing Examiner shall have the same meaning as in
285 title 15 YMC.
Page 8 of 26
286 15.27.234 High intensity land use.
287 Includes land uses which are associated with moderate or high levels of human disturbance
288 or substantial wetland habitat impacts including, but not limited to, medium and high density
289 residential (more than 7 dwelling units per acre), active recreation, and commercial and
290 industrial land uses.
291 15.27.235 Lot of record.
292 A lot as designated on a plat which has been approved and filed for record with the
293 Auditor of Yakima County, Washington. Also, any parcel having a metes and bounds
294 description lying outside of any plan as the same existed pursuant to the records of the
295 Yakima County Assessor's Office as of the effective date of this ordinance.
296 15.27.236 Low intensity land use.
297 Includes land uses which are associated with low levels of human disturbance or low
298 wetland habitat impacts, including, but not limited to, low density residential uses (less than 7
299 dwelling units per acre), passive recreation including trails, open space, or agricultural land
300 uses.
301 15.27.237 Lowest floor.
302 The lowest floor of the lowest enclosed area (including basement). An unfinished or flood
303 resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area
304 other than a basement area, is not considered a building's lowest floor, provided that such
305 enclosure is not built so as to render the structure in violation of the applicable nonelevation
306 design requirements of this chapter found at Part Four.
307 15.27.238 Habitable floor.
308 Any floor usable for living purposes, which includes working, sleeping, eating, cooking or
309 recreation, or a combination thereof. A used only for storage purposes is not a
310 "habitable floor.
311 15.27.239 Mitigation.
312 The use of any or all of the following actions that are listed in descending order of
313 preference:
314 Avoiding the impact altogether by not taking a certain action or parts of an action;
315 Minimizing impacts by limiting the degree of magnitude of the action and its
316 implementation, by using appropriate technology, or by taking affirmative steps to avoid or
317 reduce impacts;
318 Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area;
319 Reducing or eliminating the impact over time by preservation or maintenance operations
320, during the life of the development proposal;
321 Compensating for the impact by replacing, enhancing or providing substitute sensitive
322 areas and environments;
323 Monitoring the impact and taking appropriate corrective measures.
Page 9 of 26
324 15.27.240 Monitoring.
325 Evaluating the impacts of development proposals on the biological, hydrologic and
326 geologic elements of such systems and assessing the performance of required mitigation
327 measures through the collection and analysis of data by various methods for the purposes of
328 understanding and documenting changes in natural ecosystems and features, including
329 gathering baseline data.
330 15.27.241 Native vegetation.
331 Vegetation comprised of plant species which are indigenous to the Yakima area and which
332 reasonably could have been expected to naturally occur on the site. Native vegetation does
333 not include noxious weeds.
•
334 15.27.242 Natural disasters.
335 Events caused by natural processes resulting in the loss of life and or property, including
336 flooding, landslides, erosion, volcanic eruptions, or seismic events.
337 15.27.243 Natural hazard areas.
338 Areas potentially subject to natural disasters.
339 15.27.244 New construction.
340 Structures for which the "start of construction" commenced on or after the effective date
341 of the ordinance codified in this chapter.
342 15.27.245 Noxious weed.
343 Any plant which when established is highly destructive, competitive, or difficult to
344 control by cultural or chemical practices (see chapter 17.10 RCW). The state noxious weed
345 list in chapter 16 -750 WAC is the officially adopted list of noxious weeds by the state noxious
346 weed control board.
347 15.27.246 Ordinary high water mark.
348 That mark on streams and lakes which is found by examining the bed and banks and
349 determining where the presence and action of waters are so common and usual, and so long
350 continued in ordinary years, as to mark upon the soil a character distinct from that of the
351 abutting upland.
352 15.27.247 Permeability.
353 The capacity of an aquifer or confining bed to transmit water. It is a property of the
354 aquifer and is independent of the force causing movement.
355 15.27.248 Plant associations of infrequent occurrence.
356 One or more plant species on a land form type which because of the rarity of the habitat
357 or the species involved or both, or for other botanical or environmental reasons, do not often
358 occur in the City.
Page 10 of 26
359 15.27.249 Public agency.
360 Any agency, political subdivision, or unit of local government of this state including but
361 not limited to municipal corporations, special purpose districts, and local service districts; any
362 agency of the State of Washington, the United States or any state thereof; or any Indian tribe
363 recognized as such by the Federal government.
364 15.27.250 Qualified professional.
365 An accredited or licensed professional with a combination of education and experience in
366 the discipline appropriate for the subject 'matter that is being commented on; someone who
367 would qualify as an expert in their field.
•
368 15.27.251. Reasonable use.
369 A legal concept that has been articulated by federal and state courts in regulatory takings
370 cases.
371 15.27.252 Regional retention /detention facility.
372 A surface water control structure proposed by the City or a project proponent to be
373 installed in or adjacent to a stream or wetland of a basin or sub - basin.
374 15.27.253 Regulated activities.
375 Any of the following activities which' are undertaken or originate in a wetland or its
376 buffer:
377 Removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter,
378 or material of any kind;
379 Dumping, discharging, or filling with any material;
380 Draining, flooding or disturbing of the water level or water table;
381 Driving of pilings;
382 Construction, reconstruction, demolition or expansion of any structure;
383 Destruction or alteration of wetlands vegetation through clearing, burning or planting of
384 vegetation that would alter the character of a wetland;
385 Activities that result in a significant change of water temperature, a significant change of
386 physical or chemical characteristics of wetlands water sources, including quantity, or the
387 introduction of pollutants.
388 15.27.254 Restoration.
389 The actions to return a wetland or other critical area to a state in which its stability,
390 functions and values approach its unaltered state as closely as possible.
391 15.27.255 Retention /detention facility. .
392 A type of drainage facility designed either to hold water for a considerable length of time
393 and then release it by evaporation, plant'' transpiration and /or infiltration into the ground or
394 to hold runoff for a short period of time and then release it to the surface and storm water
395 management system.
Page 11 of 26
396 15.27.256 Salmonid. •
397 A member of the fish family Salmonidae. In the City these include chinook, coho, chum,
398 sockeye and pink salmon; rainbow, steelhead and cutthroat salmon; brown trout; brook and
399 Dolly Varden char, kokenee, and whitefish.
400 15.27.257 Species of local importance.
401 Those species that are of local concern due to their population status or their sensitivity to
402 habitat manipulation or that are game species.
403 15.27.258 Stream.
404 Water contained within a channel, either perennial or intermittent, in which fish may
405 spawn or reside or through which they may pass. Streams also include natural watercourses
406 modified by man. Streams do not include irrigation ditches, wasteways, drains, outfalls,
407 operational spillways, channels, stormwater runoff facilities or other wholly artificial
408 watercourses.
409 15.27.259 Substantial improvement.
410 Any repair, reconstruction, or improvement of a structure, the cost of which equals or
411 exceeds fifty percent of the market value of the structure either:
412 Before the improvement or repair is started; or
413 If the structure has been damaged and is being restored, before the damage occurred. For
414 the purposes of this definition, "substantial improvement" is considered to occur when the
415 first alteration of any wall, ceiling, floor, or other structural part of the building commences,
416 whether or not the alteration affects the external dimensions of the structure.
417 The term does not, however, include either:
418 Any project for improvement of a structure to comply with existing state or local health,
419 sanitary, or safety code specifications which are solely necessary to assure safe living
420 conditions; or
421 Any alteration of a structure listed on the National Register of Historic Places or a State
422 Inventory of Historic Places.
423 15.27.260 Unavoidable and necessary impacts.
424 Impacts for a use that, if not allowed, would deny all reasonable economic use of the land;
425 such unavoidable impacts shall be mitigated.
426 .15.27.261 Urban growth.
427 Activities that make intensive use of land for the location of building, structures, and
428 impermeable surfaces to such a degree as to be incompatible with the primary use of such land
429 for the production of food, other agricultural products, or fiber or the extraction of mineral
430 .resources.
431 15.27.262 Urban growth, characterized by.
432 Lands having urban growth on it, or lands located in relationship to an area with urban
433 growth on it as to be appropriate for urban growth; or any and all incorporated areas.
Page 12 of 26
434 15.27.263 Vulnerability. •
435 The combined effect of susceptibilityito contamination and the presence of potential
436 contaminants.
437 15.27.264 Water table.
438 That surface in an unconfined aquifer at which the pressure is atmospheric. It is defined
439 by the levels at which water stands in wells that penetrate the aquifer just far enough to hold
440 standing water.
441 15.27.265 Wetland edge.
442 The line delineating the outer edge of a wetland established by using the "Washington
443 State Wetlands Identification and Delineation Manual," March 17, 1997, Ecology Publication
444 #96 - 94, as updated or modified.
445 15.27.266 Wetlands, regulated. •
446 Areas greater than one acre in size, not isolated from other wetlands and valuable for
447 wildlife habitat, that are inundated or saturated by surface or groundwater at a frequency and
448 duration sufficient to support, and that under normal circumstances do support, a prevalence
449 of vegetation typically adapted for life in saturated soil conditions. Wetlands generally do not
450 include artificial wetlands intentionally created from non - wetlands, including, but not limited
451 to, irrigation and drainage ditches, grass -line swales, canals, detention facilities, wastewater
452 treatment facilities, farm ponds and landscape amenities. However, wetlands may include
453 those artificial wetlands intentionally created from non - wetland area to mitigate conversion of
454 existing wetlands.
455 PART THREE— LANDS TO WHICH THIS CHAPTER APPLIES
456 15.27.300 This chapter shall apply to all lots or parcels on which critical areas are
457 located within the City. The approximate location and extent of critical areas are
458 indicated on a series of maps contained within the Yakima Urban Area
459 Comprehensive Plan.
460 15.27.310 Critical areas.
461 The following critical areas as depicted on the adopted maps for each critical area shall be
462 regulated in accordance with this chapter. The regulations applicable to critical areas impose
463 requirements that supplement those in the underlying zoning districts and do not supersede
464 the provisions of these districts except insofar as the critical areas designations may impose
465 more restrictive requirements.
466 Wetlands and Streams.
467 Critical Aquifer Recharge Areas.
468 Fish and Wildlife Conservation Areas.
469 Geologically Hazardous Areas.
470 Frequently Flooded Areas as defined within RCW 36.70A.170 are regulated by chapter
471 6.88 YMC.
Page 13of •
•
472 15.27.320 Critical area maps.
473 Critical areas are displayed on a series of maps contained within the Yakima Urban Area
474 Comprehensive Plan, Chapter IX. These maps are intended to regulate proposed
475 development located within critical areas. Critical areas may also exist in areas not indicated
476 on the critical area maps.
477 The critical areas maps are also intended to alert the development community, appraisers,
478 and current or prospective property owners of a potential encounter with a critical area. The
479 presence of a critical area on the maps or as determined by the Director within or near the
480 property proposed for development may be sufficient foundation for the Director to require
481 preparation of a special study prior to acceptance of a development application as being
482 complete and ready for processing under the City Zoning Ordinance or the City Subdivision
483 Ordinance.
484 The Director is hereby declared the Administrator of this chapter for the purpose of
485 administering the critical area maps. An affected property owner or other party with standing
486 has a right to appeal the administrative determination to the City Hearing Examiner using the
487 same procedure for zoning appeals found in the City Zoning Ordinance chapter 15.16 YMC.
488 Critical areas indicated on the critical area maps are presumed to exist in the locations
489 shown and are protected under all the provisions of this chapter. All development
490 applications for land use approvals within or adjacent to critical areas are required to show the
491 boundary(s) of all critical areas on a scaled drawing prior to the development application being
492 considered "complete" for continued processing.
493 Upon review of the critical area maps, the determination by the administrative authority
494 that a parcel of land or a part of a parcel of land that is the subject of a proposed development
495 application is within the boundary(s) of one or more critical areas may serve as cause for the
496 Director to require the applicant to conduct a site- specific analysis and prepare a special study
497 for each critical area potentially located within the property subject to development in order
498 to determine the effect, if any, that the development would have upon the critical area(s). In
499 the event of multiple designations, each type of critical area shall be addressed both
500 independently and collectively for the purpose of determining development limitations and
501 appropriate mitigating measures.
502 PART FOUR— SPECIAL STUDIES AND DEVELOPMENT STANDARDS
503 15.27.410 Wetlands.
504 Special study may be required for the purpose of establishing an exact wetland boundary.
505 The criteria for establishing a wetland boundary can be found in "Washington State Wetlands
506 Identification and Delineation Manual" (Washington State Department of Ecology, March
507 1997). Field delineation of the boundary is required and a scaled map shall be produced for all
508 development proposed and determined to be within a wetland or its buffer. The Department
509 of Ecology's Washington Wetland Rating System, Eastern Washington, shall be applied to the
510 wetlands area to establish the category(s) of wetlands in evidence. The field investigation may
511 include habitat value, hydrology, erosion and deposition, and /or water quality studies.
512 Results of the field investigation shall include specific recommendations for mitigating
513 measures which should be required as a condition of any approval for such developments.
Page 14 of 26
514 The recommendations may include, but +; are not limited to, construction techniques, or design,
515 drainage, or density specifications, along with measures to avoid loss of wetlands and methods
516 to restore, replace or enhance any destroyed or altered wetlands. The analysis required by this
517 subsection shall be performed by qualified professionals who can demonstrate through a
518 combination of formal training and field experience the ability to conduct the analysis.
519 15.27.411 Wetlands rating system.
520 The Washington State Wetlands Rating System for Eastern Washington (Washington State
521 Department of Ecology Publication 91 -58) shall be used as the rating system for wetlands
522 within the City. This document is available at the Department of Community and Economic
523 Development. .
524 15.27.412 Development standards regulated wetlands.
525 A. A buffer zone shall be required adjacent to, and outside of, all regulated wetlands,
526 including any wetland restored, relocated, replaced or enhanced because of wetlands
527 alterations, according to the following seledule:
528 Category I Wetlands I'
529. High Intensity Land Use 200 feet
530 Low Intensity Land Use 100 feet
531 Category II Wetlands
532 High Intensity Land Use 100 feet
533 Low Intensity Land Use 50 feet
534 Category III Wetlands
535 High Intensity La Use 50 feet .
536 Low Intensity Land Use 25 feet
537 Category IV Wetlands
538 High Intensity Land Use 25 feet
539 Low Intensity Land Use 10 feet
540 All buffers shall be measured from the wetland edge as delineated in the field. The above
541 buffer zone depths may be reduced up to no more than 50% if the special study demonstrates
542 to the satisfaction of the director, or if the Director otherwise determines that the adjacent
543 land is, and will remain, extensively vegetated, is topographically remote from the wetland
544 and that no direct or indirect adverse impacts on the regulated wetlands is reasonably likely as
545 a result of the buffer reduction.
546 B. Building Setback Lines. Unless otherwise specified, a minimum building setback line
547. of 20 feet shall be required from the edge of a wetland buffer. The use of hazardous or toxic
548 substances and pesticides or certain fertilizers in this setback area may be prohibited in this
549 setback area.
550 C. Wetlands and wetland buffer zones shall be retained in their natural condition. Where
551 buffer disturbance is unavoidable during adjacent construction, re- vegetation will be required,
552 with native plant materials preferred. ,
553 D. The following activities are allowed to occur on wetlands and wetland buffer zones:
554 1. Outdoor recreational activities (provided no structures are developed for recreational
555 purposes);
h _
Page 15 of 26
li
I I
556 2. Existing and ongoing agricultural activities, provided:
557 a. No additional area is added beyond demonstrable historic levels;
558 b. Any introduction of livestock shall avoid damage to category I and II wetlands by
559 implementation of a conservation plan to protect and enhance the water quality of the
560 wetland or fencing located not closer than the buffer edge, with access to the wetland allowed
561 only for watering or stream crossing purposes; and
562 3. Maintenance of existing facilities, structures, ditches, roads and utility systems.
563 E. The following alterations are allowed within wetlands and wetland buffers:
564 1. Trails. Construction of public and private trails may be allowed in wetland buffers
565 subject to the following criteria:
566 a. Trail surface shall not be of impervious materials, except that impervious public multi -
567 purpose trails may be allowed if they meet all other requirements including water quality; and
568 b. Where trails are provided, buffers shall be expanded, where possible, equal to the
569 width of the trail corridor including disturbed areas.
570 2. Docks. Construction of a dock, pier, moorage, float or launch facility may be
571 permitted subject to the following criteria:
572 a. Existing and zoned density around the wetland is three or more dwelling units per
573 acre;
574 b. At least 75% of the lots around the wetland have been built upon, and no significant
575 buffer or wetland vegetation remains in these areas;
576 c. No significant buffer or wetland vegetation exists on the lot; and
577 d. Open water is a significant component of wetland subcategories.
578 F. Nothing in this section or chapter abrogates, compromises or otherwise subordinates
579 the full force, effect and applicability of the Washington State Shoreline Management Act and
580 the Yakima Shoreline Master Program.
581 G. A use or structure established prior to the effective date of this chapter which does not
582 conform to standards set forth herein is allowed to continue and be reasonably maintained
583 provided that such activity or structure may not be expanded or enlarged in any manner that
584 increases the extent of its nonconformity.
585 15.27.420 .Streams; Stream Classification and Impact Report.
586 A. A Stream Classification and Impact Report shall be submitted with an application for a
587 Critical Areas Development Permit for any development which affects a regulated stream or
588 its buffers. The purpose of the report is to determine the stream classification consistent with
589 the definitions of WAC 222 -16 . -030, the potential impacts to the stream as a result of the
590 development, and measures which can be taken to avoid impacts to the stream and its buffer.
591 The report required by this subsection shall be prepared by qualified professionals who can
592 demonstrate through a combination of formal training and field experience the ability to
593 prepare such a report.
594 B. The stream report shall describe the following:
595 1. Location information including legal description and address of subject property;
596 2. Classification methodology;
597 3. General site conditions, including topography, acreage, and surface area of the stream;
598 4. Specific descriptions of plant communities, soils, and hydrology.
Page 16 of 26
•
.
599 C. The report shall summarize the significant impacts to the stream and stream buffer
600 which are likely to occur if the underlying application is approved. Potential impacts
601 addressed shall include, without limitation, the following: .
602 1. Changes .to the flooding characteristics of the stream including the watercourse, the
603 extent of the floodplain and the loss of flood storage potential.
604 2. Impacts to fisheries habitat including any decrease in species diversity, riparian
605 vegetation, habitat complexity, and thigratory access; and ' • .
606 3. Changes in water quality and water quantity. •
607 D. The report shall include an analysis of recommended measures to avoid significant •
608 adverse impacts to streams and their associated buffers and an identification of impacts that
609 cannot be avoided or reduced. Such measures to avoid or reduce impacts may include, but are
610 not necessarily limited to:
611 - 1. • Limiting-the degree and /or magnitude of the proposed activity;
612 2. • Limiting the implementation of the proposed activity;
613. 3. Using appropriate and best available science and technology; .
614 4: Affirmative steps to avoid or min impacts; and,
615 5. Design, siting or construction of proposed activities to avoid potential impacts to
616 streams and their associated buffers. y • .
617 15.27.421 • Stream buffers. j jl,; . .
618 A. Stream buffer zones shall be required for all development proposals and activities _
619 adjacent to streams to protect the integrity, function and value of the stream. The width of
620 the buffer shall be measured from the stream's ordinary high -water mark and shall consist of
621 an undisturbed area of native vegetation.
622 B. All development adjacent to a stream shall provide a buffer area sufficient to protect
623 stream water quality, wildlife and habitat:
624 C. Buffers shall be measured from the ordinary high -water mark of the stream or, if not
625 discernible in the field, the top of bank. Buffers shall have a width as provided below:
626 .: Stream Class , Buffer '
627 Class I , 200 feet .
628 - Class II 100 feet -
629 Class III f 50 feet
630 Class IV - j 50 feet .
631 Class V 25 feet .
632 but may be reduced by the Director based on recommendations of the Stream Classification. .
633 and Impact Report as follows:
634 D. The above buffer zone depths may be reduced by a maximum of 5.0% if the special ,
635 study demonstrates or if the Director otherwise determines that:. •
636 1. The land adjacent to the stream is and will remain extensively vegetated;
637 2. The land adjacent to the stream is topographically remote from the stream; -and
638 3. No direct or indirect adverse impact on the regulated stream is a reasonable probability
639 as a result of the buffer reduction. l '1 , .
Page 17 of 26
•
640.. E. Setbacks from Buffers. In addition to property line setbacks, the minimum setback for
641 structures in all zoning districts as measured from the edge of'the buffer shall be 20 feet.
642 F. This section is not intended to regulate or preclude recreational uses by the general
643 public within streams and waterways, such as access, fishing, rafting, and swimming.
644. 15.27.430 Critical aquifer recharge areas.
645 A. Special study may be required for the purpose of delineating the . recharge areas on a
646 scaled development site plan and providing detailed information on the following items:
647 1. Hydro- geological susceptibility to contamination and contamination loading potential;
648 2. Depth to groundwater;
649 3. Hydraulic conductivity and gradient; .
650 4. Soil permeability and contamination attenuation;
651 5. A vadose zone analysis including permeability and attenuation properties;
652 6. An analysis of the recharge area's tolerance for impervious surfaces in terms of both
653 aquifer recharge and the effect on water quality degradation; .
654 7. A summary of the proposed development's effect on the recharge area concentrating
655 on items "4" and "6 "; and
656 8. Existing aquifer water quality analysis.
657 Map IX -2, Aquifer Characteristics, contained within the Yakima Urban Area Comprehensive
658 Plan, indicates areas of High Vulnerability and High Susceptibility for potential contaminant
659 loading, based upon the existence of a shallow aquifer. The requirements of this section apply
660 to those areas on Map IX -2 indicated as areas. of High Vulnerability— High Susceptibility.
661 Development proposed to be located within these areas may be subject to special study if
662 the proposed development would have significant potential to introduce hazardous substances
663 into groundwater, as determined by the Director.
664 B. Development Standards. •
665 1. The'special•study will identify a water quality baseline, which shall serve as a
666 minimum water quality standard that must be or exceeded by proposed
667 development.
668 2. The creation of additional impervious surfaces shall be limited to that amount
669 described in the special study that will ensure adequate aquifer recharge and water quality
670 protection. 0
671 3. Development approvals shall ensure that all best management practices are employed
672 to avoid introducing pollutants into the aquifer. This includes the complete collection and
673 disposal of stormwater outside of the aquifer recharge area for all development with
674 impervious surfaces.
675 15.27.440 Geologically hazardous /steep slope hazard areas.
676 A. Special ,study may be required for the purpose of determining the extent and degree of
677 steep slopes within and adjacent to the parcel proposed for development and the type(s) of
678 vegetation existing on the steep slope areas. The study shall also indicate the topography of
679 lands adjacent to the steep slope area. If alterations to. the steep slope area are proposed, the
680 type and effectiveness of mitigating measures shall be identified.
681 B. Development Standards:
Page 18 of 26 .
682 1. Buffers.
683 a. A minimum buffer shall be established at a horizontal distance of 50 feet from the top,
684 toe, and along all sides of slopes shown to be high -risk or intermediate -risk slopes. Existing
685 native vegetation within the buffer area shall be maintained and the buffer shall be extended
686 beyond these limits as required to mitigate landslide and erosion hazards, or as otherwise
687 necessary to protect public health, safetylpand welfare.
688 b. The buffer may be reduced to a minimum of ten feet when an applicant demonstrates,
689 pursuant to a special study, that the reduction will adequately protect the proposed
690 development and the critical areas.
691 2. Building Setback Lines. A building setback line will be established at a distance of 15
692 feet or as required from property line from the edge of the buffer.
693 3. Alterations. Alterations to steep slopes shall be allowed only as follows:
694 a. Surface water management. Steep slopes may be used for approved surface water
695 conveyance as approved by the City Engineer. Installation techniques shall minimize
696 disturbance to the slope and vegetation.
697 b. Trails. Construction of public and private trails may be allowed on steep slopes
698 provided they receive site- specific appro' al by the City, but in no case shall trails be
699 constructed of concrete, asphalt or other impervious surface which could contribute to surface
700 water runoff unless such construction is necessary to stabilize soil or to prevent soil erosion.
701 c. Utilities. Construction of public and private utility corridors may be allowed on steep
702 slopes provided that the special critical areas study indicates that such alteration will not
703 subject the area to the risk of landslide or erosion.
704 d. View corridors. The City may allow by permission of the Director limited trimming
705 and limbing of vegetation on steep slopes for the creation and maintenance of views, provided
706 that the soils are not disturbed and the activity is subject to review by the Director.
707 e. Mining activities. The City may allow by permission of the Director alteration of
708 steep slope hazard areas in conjunction with approved mining and quarrying activities.
709 4. The City may grant exemptions from the steep slope requirements of this chapter as
710 follows:
711 a. Slopes 40% and steeper with a vertical elevation change of up to 20 feet may be
712 exempted from the provisions of this section based on the Director's determination, based
713 upon review of a soils report prepared by a geologist or geotechnical engineer, that no adverse
714 consequences will result from the exemp
715 b. Any slope which has been created through previous legal grading activities may be
716 regraded as part of an approved development proposal. Any slope which remains equal to or
717 in excess of 40% following site development shall be subject to the protection mechanisms for
718 steep slopes.
719 5. Removal or introduction of vegetation on landslide or steep slopes. Unless otherwise
720 specified, the following restrictions apply, to vegetation removal or introduction in steep slope
721 hazard areas and their buffers.
722 a. There shall be no removal of any 'Vegetation from any steep slope hazard area or buffer
723 except for the limited plant removal necessary for surveying purposes and for the removal of
724 hazardous trees.
Page 19 of 26
725 b. On slopes which have been disturbed by human activity or infested by noxious weeds,
726 replacement with native species or other appropriate vegetation may be allowed subject to
727 approval by the City of an enhancement plan.
728 15.27.450 Fish and wildlife habitat conservation areas.
729 A. Special study may be required to identify endangered, threatened, sensitive species,
730 species and habitats of local importance, and the nature and extent of their primary association
731 with the habitat conservation area. The investigation shall include relative density and species
732 richness, breeding, habitat, seasonal range dynamics and movement corridors. The analysis
733 shall address the species' tolerance of human activities. The development proposal shall be
734 evaluated in terms of its influence on the above wildlife factors and recommend mitigating
735 measures for any project with significant potential to reduce baseline populations and
736 reproduction rates over the long term.
737 B. Development Standards.
738 1. No development approval shall be granted unless mitigation of adverse effects can be
739 provided that will ensure continuation of baseline populations for all endangered, threatened
740 and sensitive species and species of local importance.
741 2. Development may be allowed when species and habitats of only local importance will
742 not suffer population declines, or interruption of migration routes, provided that adequate
743 regional populations are maintained.
744 3. Development review shall include regional species occurrence and movements and will
745 avoid creating isolated sub - populations.
746 PART FIVE - PROCEDURES, ENFORCEMENT, AND ADMINISTRATION
747 15.27.500 Development permit required.
748 A Critical Area Development Permit shall be obtained before construction or
749 development begins within any critical areas established in Part Three of this chapter. The
750 permit shall be for all structures as set forth in the "definitions" section of this chapter, and for
751 all other development including fill and other activities, also as set forth in the "definitions."
752 Application for a development permit shall be made on forms furnished by the Director and
753 may include, but not be limited t�, plans drawn to scale showing the nature, location,
754 dimensions, and elevations of the area in question, existing or proposed structures, fill, storage
755 of materials, proposed utilities, access, and drainage facilities.
756 15.27.510 Special studies.
757 A. Prior to accepting a development permit application, the critical areas maps shall be
758 consulted for the purposes of determining whether or not the property subject to the
759 application may be within or adjacent to critical areas or could have probable adverse impacts
760 on critical areas. If it is determined by the Director that the development parcel may impact
761 or be within or adjacent to a critical area, the applicant will immediately be notified and the
762 type(s) of critical areas disclosed. Instructions shall be provided to the applicant on the type of
763 evaluation and critical area special study that will be required as a supplement to the
Page 20 of 26
764 application materials for the application to be characterized as "complete" and eligible for
765 processing.
766 B. The Director may waive the requirement for a special study if there is substantial
767 showing that:
768 1. There will be no alteration of thelcritical areas or required buffer; and
769. 2. The development proposal will not impact the critical areas in a manner contrary to
770 the purposes and requirements of this chapter; and
771 3. The,minimum standards required', by this chapter are satisfied.
772 C. No special study is required for the following development proposal:
773 1. A residential building permit for lot which was subject to a previous critical areas
774 study (provided that the previous study adequately identified the impacts associated with the
775 current development proposal); and
776 2. The City shall make such field investigations as are necessary to determine if the
777 criteria for an exception are satisfied. .
778 D. Critical area special studies shall identify and characterize any critical area as a part of
779 the larger development proposal site, assess any hazards to the proposed development, assess
780 impacts of the development proposal on any critical area on or adjacent to. the development
781 proposal site, and assess the impacts of any alteration proposed for a critical area. Studies shall
782 propose adequate mitigation, maintenance and monitoring plans and bonding measures.
783 Critical areas special studies shall includHa legible scaled site plan of the proposed
784 development and.a written report. Specific requirements for preparation of special studies are
785 provided in Part Four.
786 E. No special study .required by Part Four of this chapter will be considered complete
787 without a document which discloses the technical training and experience of the author of the
788 special study, which demonstrates his /her professional qualifications.
789 15.27.520 Relation to other City project permit approval processes.
790 A. The City shall not grant any approval or permission to alter the condition of any land,
791 water or vegetation, or to construct or alter any structure or improvement without satisfying
792 the requirements of this chapter, including but not limited to the following:
793 Building permit, commercial or resi b site plan; conditional use permit;
794 right -of -way construction permit; grading and clearing permit; planned development; right -of-
795 way use permit; shoreline conditional use permit; shoreline substantial development permit;
796 shoreline variance; short subdivision; subdivision; utility and other use permit; rezone; or any
797 subsequently adopted permit or required 'approval not expressly exempted by this chapter.
798 B. The City may approve, approve with conditions, or deny any development proposal
799 in order to satisfy the requirements of and carry out the purposes and requirements of this
800 chapter.
801 15.27.530 General exemptions.
802 The provisions of this chapter do not ' ,apply to the following:
803 A. Emergencies that threaten the public health, safety and welfare.
804 B. Structures in existence on the date; this chapter becomes effective and that do not meet
805 the setback or buffer requirements of this chapter may be remodeled, reconstructed or
Page 21 of 26
806 replaced provided that the new construction or related activity does not further intrude into a
807 critical area or buffer and is subject to the restrictions of the flood hazard areas for
808 reconstruction. Provided further, however, that new construction or related activity
809 connected with an existing single- family residence shall not be considered further intruding
810 into an associated buffer so long as the footprint of the structure lying within the critical areas
811 is not increased by more than 50% and no portion of the structure is located closer to the
812 critical area or buffer than the existing structure.
813 C. The construction or placement of a single - family residential structure within a
814 residential subdivision platted and recorded prior to the effective date of this chapter.
815 D. For the following agricultural activities in existence on the date this chapter becomes
816 effective:
817 1. Grazing of livestock;
818 2. Mowing of hay, grass or grain crops;
819 3. Tilling, disking, planting, seeding, harvesting and related activities for pasture, food
820 crops, grass seed or sod, provided that such activities shall not involve the conversion of any
821 category I or II wetland or buffer not currently under agricultural use and shall not take place
822 on steep slopes;
823 4. Normal and routine maintenance of existing irrigation and drainage ditches (provided,
824 however, that this exception shall not apply to any ditches used by salmonids); and
825 5. Normal and routine maintenance of farm ponds, fish ponds, manure lagoons, and
826 livestock watering ponds (provided that such activities shall not involve conversion of any
827 wetland not currently being used for such activity).
828 E. For the following electric, natural gas, cable communications, and telephone utility -
829 related activities when undertaken in accordance with approved City codes, ordinances,
830 and /or policies:
831 1. Normal and routine maintenance or repair of existing utility structures or right -of-
832 way;
833 2. Relocation of electric facilities, lines, equipment or appurtenances, not including
834 substations, when the City approves the new location of the facilities;
835 3. Relocation of natural gas, cable communications, gas and telephone facilities, lines,
836 pipes, mains, equipment or appurtenances when the City approves the new location of the
837 facilities; and
838 4. Installation or construction in improved public road right -of -way and replacement,
839 operation, repair or alteration of all natural gas, cable communications and telephone facilities,'
840 lines, pipes; mains, equipment or appurtenances.
841 F. Public agency development proposals only to the extent of any construction contract
842 awarded before the effective date of the ordinance, provided that any regulation in effect at the
843 time of such award shall apply to such proposal.
844 15.27.540 Public agency and utility exception.
845 A. If the application of this chapter would prohibit a development proposal by a public
846 agency or public utility, the agency or utility may apply for an exception pursuant to this
847 section. The public agency or utility shall apply to the Director and shall be heard by the
848 Hearing Examiner for any development proposals not qualifying under Part Four of this
Page 22 of 26
849 chapter. The public agency or utility shah' 11 prepare a report to the Examiner and shall
850 incorporate other required documents such as permit applications, special studies and SEPA
851 documents.
852 B. The Examiner shall review the applications pursuant to the provisions of current
853 ordinances, regulations and procedures and make a recommendation to the Council based on
854 the following criteria:
855 1. There is no other practical alternative to the proposed development with less impact
856 on the critical areas; and
857 2. The proposal minimizes the impact on critical areas.
858 C. A mitigation plan may be required from the utility indicating how the proposal will
859 minimize the impact on critical areas.
860 D. This exemption shall not allow the use of those category I and II wetlands or their
861 buffers providing plant associations of infrequent occurrence or habitat for federal or state
862 endangered or threatened species•or species needing special protection or for utilities including
863 regional retention /detention facilities except where there is a clear showing the facility will
864 protect public health and safety or repair damaged critical areas. Wetlands shall not be used •
865 for retention /detention facilities other ti an for regional facilities.
•
866 15.27.550 Reasonable use exception.
867 A. If the application of this chapter would deny all reasonable use of the property,
868 development may be allowed which is consistent with the general purposes of this.chapter and
869 the public interest.
870 B. An application for a critical area reasonable use exception shall be filed with the
871 Director and shall be heard by the Examiner, who shall issue a final decision pursuant to the
872 provisions of current chapters, regulations and procedures.
873 C. The Examiner, in recommending approval of the reasonable use exception, must
874 determine that:
875 1. Application of this chapter would deny all reasonable use of the property;
876 2. There is no other reasonable use with less impact on the critical area;
877 3. The proposed development does not pose an unreasonable threat to the public health,
878 safety or welfare on or off the development proposal site; and
879 4. Any alterations permitted withit4 a critical area or buffer shall be the minimum
880 necessary to allow for reasonable use of the property.
881 D. Any authorized construction`within a critical area or buffer under this section shall be
882 subject to conditions established by the City and shall require mitigation under an approved
883 mitigation plan.
884 E. Except when application of this chapter would deny all reasonable u of the property,
885 an applicant who seeks an exception from the standards and requirements of this chapter shall
886 pursue relief by means of a variance as provided in Part Six.
887 15.27.560 Designation of the Director of Community and Economic Development.
888 The Director of Community and Economic Development, or his /her designee,.shall
889 administer and implement this chapter by granting or denying development permit
890 applications in accordance with the provisions of this chapter.
Page 23 of 26
li
891 PART SIX— VARIANCE PROCEDURE
892 15.27.600 Appeal.
893 A. The Hearing Examiner shall hear and decide appeals and requests for a variance from
894 the requirements of this chapter.
895 B. The Hearing Examiner shall hear and decide appeals when it is alleged there is an error
896 in any requirement, decision, or determination made by the Director in the enforcement or
897 administration of this chapter.
898 C. In deciding such applications, the Hearing Examiner shall consider all technical
899 evaluations, special studies, all relevant factors, standards specified in other sections of this
900 chapter, and:
901 1. The impact on critical areas and their associated buffer areas;
902 2. The importance to the community of the services provided by the proposed facility;
903 3. The necessity of the proposed location to the facility, where applicable;
904 4. The availability of alternative locations for the proposed use outside of designated
905 critical areas;
906 5. The compatibility of the proposed use with existing and anticipated development;
907 6. The relationship of the proposed use to the City's adopted comprehensive plan and
908 shoreline management plan;
909 7. The danger to life and property due to natural hazards;
910 8. The susceptibility of the proposed facility and its contents to natural hazards and the
911 effect of such damage on the individual owner;
912 9. The safety of access to the property during natural hazards for ordinary and emergency
913 vehicles;
914 10. The costs of providing governmental services during and after natural disasters,
915 including maintenance and repair of .public utilities and facilities such as sewer, gas, electrical,
916 and water systems, and streets and bridges.
917 D. Generally, variances may be used for new construction and substantial improvements.
918 E. The Hearing Examiner may attach such conditions to the granting of variances as it
919 deems necessary to further the purposes of this chapter. The Director shall maintain the
920 records of all variance applications appeal actions.
921 F. Parties aggrieved by the decision of the Hearing Examiner may appeal such decision to
922 the City Council.
923 G. Parties aggrieved by the decision of the City Council on an appeal from the Hearing
924 Examiner's decision may appeal such decision to the Superior Court of the State of
925 Washington.
•
926 15.27.610 Conditions for variances.
927 A. Before any variance may be granted, it shall be shown that:
928 1. Because of special circumstances applicable to subject property, including size, shape,
929 topography, location or surroundings, the strict application of this chapter is found to deprive
930 subject property of rights and privileges enjoyed by other properties in the vicinity and under
931 similar zone classification. Provided, however, the fact that surrounding properties have been
Page 24 of 26
•
932 developed under regulations in force prior to the adoption of this chapter shall not be the sole
933 basis for the granting of a variance.
934 2. The granting of the variance will s not be materially detrimental to the public welfare or
935 injurious to the property or improvements in the vicinity and zone in which the property is
936 situated or contrary to the purposes of this chapter as set out in Part One.
937 3. In the case of critical areas as defined in this chapter, any variance granted shall be the
938 minimum necessary to accommodate the proposed uses.
939 4. Failure to grant the variance would result in exceptional hardship to the applicant.
940 5. The granting of a variance will not result in additional threats to public safety, •
941 extraordinary public expense, or conflicts with existing local laws or ordinances.
942 B. Projects to reconstruct, rehabilitate, or restore structures listed on the National
943 Register of Historic Places or the State Inventory of Historic Places are eligible for variances
944 without regard to the procedures set forth in the remainder of this section.
945 PART SEVEN— MISCELLANEOUS
946 15.27.700 Nonconforming developments.
947 Within the critical areas established by this chapter, there may exist developments and lots
948 of record which were lawfully established or approved but which would be prohibited,
949 regulated or restricted under the terms of this chapter. It is the intent of this chapter to
950 permit these nonconformities to continue and to allow previously approved developments to
951 reach the development conclusion anticipated in their approved applications. The lots of
952 record within major subdivisions that have received preliminary plat approval and short plats
953 filed for record at the Yakima County Auditor's office will be considered building lots in all
954 respect and exempt from the provisions of this chapter. Other land use applications approved
955 prior to the effective date of this chapter are also exempt from this chapter.
956 15.27.710 Compliance.
957 No structure may be constructed, located, extended, converted, or altered without full
958 compliance with the terms of this chapter and other applicable laws, rules and regulations.
Section 2. Severability: If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance, or any provision of the Yakima Municipal Code established by this ordinance,
is declared invalid or unconstitutional for any reason, such decision shall not affect the validity
of the remaining portions of this ordinance, or other provisions of the Yakima Municipal
Code established by this ordinance.
Page 25 of 26
1 .
•
Section 3. 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 at a regular meeting and signed and approved
this 24 day of November, 1998. -
John Puccinelli, Mayor
•r
ATTEST:
City Clerk
•
Publication Date: 11 - 27 - 98
Effective Date: 12 -27 -98
•
C: \word \gma \gma '98 \final '98 ords \critical areas .doc
Page 26 of 26
i ; n o
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
r
Item No: 4
For Meeting Of November 24. 1998
ITEM TITLE: Continued Joint Public Hearing to Consider Adoption of Growth
Management Implementation Ordinances
SUBMITTED BY:. William Cook, Director
Community ari Economic Development
CONTACT PERSON/TELEPHONE: Don Skone, Planning Manager (575 -6163)
SUMMARY EXPLANATION:
On October 20,
1998 the Yakima City Council and Yakima County Commissioners
opened a Joint Public Hearing to consider testimony regarding the adoption of a series
of Implementation Ordinances, as recommended by the Yakima Urban Area Regional
Planning Commission. The Hearing was continued to receive final testimony, and direct
legislation. A series of ordinances has been prepared for consideration.
Resolution [X ] Ordinance s Contract _ Other (Specify) Staff Report
Funding Source
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Consider final testimony, consider previous testimony ,
direct changes as necessary and adopt ordinances
BOARD RECOMMENDATION: The Yakima Urban Area Regional Planning
Commission recommended adoption of ordinances. Several ordinances and map
changes have been submitted to the RPC recommendation and included herein.
COUNCIL ACTION: