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HomeMy WebLinkAbout1998-066 Land Use • ORDINANCE NO. 98- 66 AN ORDINANCE relating to land use and development regulations; establishing regulations for land use and development permits; and adding a new title to the Yakima Municipal Code. 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 new administrative regulations for land use and development permits for enactment by the City of Yakima; and WHEREAS, the City Council has reviewed the following proposed new regulations for land use and development permits, and finds it is in the best interests of the City that they be adopted as part of the Yakima Municipal Code; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: Section 1. A new title shall be added to the Yakima Municipal Code to read as follows: • 1 TITLE 16 2 ADMINISTRATION OF DEVELOPMENT PERMIT REGULATIONS 3 List of Chapters: 4 16.01 Purpose and Authority 5 16.02 Definitions 6 16.03 Project Permit Applications 7 16.04 Project Permit Application Process 8 16.05 Public Notice 9 16.06 Consistency with Development Regulations and SEPA Integration 10 16.07 Final Decisions 11 16.08 Appeals 12 CHAPTER 16.01 13 PURPOSE AND AUTHORITY 14 Sections: 15 16.01.010 Purpose and authority. 16 16.01.020 Applicability. 17 16.01.030 Legislative decisions. 18 16.01.040 Legislative authority not restricted. 19 16.01.050 Conflict of provisions. 0 20 16.01.060 Severability. Page 1 of 14 21 16.01.010 Purpose and authority. 22 A. The purpose of this title is to provide for effective and efficient administrative review 23 of land use development permit applications (referred to as "project permit applications" by 24 this title) with consistent procedures for similar projects, and combining procedural and 25 substantive environmental review (SEPA) with review of project permit applications under 26 other applicable requirements. Fundamental land use planning choices made in adopted 27 comprehensive plans and development regulations will serve as the foundation for project 28 review and permit application decisions. 29 B. Legislative Authority. This title responds to the chapter 36.70B RCW mandate for 30 Local Project Review, which requires the integration and consolidation of the requirements of 31 the Growth Management Act (GMA) and the State Environmental Policy Act (SEPA) for all 32 project level review. This title provides a framework within which the consistency of project 33 permit applications with comprehensive plans and development regulations shall be 34 determined. 35 C. The review process for project permit applications shall include land use, 36 environmental, public, and governmental review so that documents prepared under different 37 requirements can be reviewed together by the public and other agencies in one process for one 38 project. 39 16.01.020 Applicability. 40 The provisions of this title shall apply to all applications for land use development or 41 environmental permits subject to review under the following titles or chapters of the Yakima 42 Municipal Code: 4111 43 A. Title 14, Subdivisions. 44 B. Title 15, Yakima Urban Area Zoning Ordinance. 45 C. Chapter 6.88, Environmental Policy (SEPA). 46 D. Chapter 11.58, Flood Damage Prevention. 47 16.01.030 Legislative decisions. 48 The following types of decisions are legislative as opposed to quasi - judicial actions and are 49 not subject to the procedures in this chapter, unless otherwise specified: 50 1. Zoning ordinance text amendments; 51 2. Adoption of development regulations and amendments; 52 3. Area -wide rezones to implement new City policies; 53 4. Adoption of the land use Comprehensive Plan and any Plan amendments; and 54 5. Annexations. 55 16.01.040 Legislative authority not restricted. 56 Nothing in this title or the permit processing procedures shall limit the authority of the 57 City Council to amend the City's land use Comprehensive Plan, or to amend the City's 58 development regulations. Page 2 of 14 59 16.01.050 Conflict of provisions. • 60 Subject to the provisions of state law, this title shall govern procedural aspects of all 61 development project permit decisions within the City of Yakima, Washington. In the case of 62 conflicts between this title or parts of this title and other rules, regulations, resolutions, 63 ordinances, the procedures of this title shall govern. 64 16.01.060 Severability. 65 If any section, sentence, clause or phrase of this title should be held to be invalid or 66 unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality 67 shall not affect the validity or constitutionality of any other section, sentence, clause or phrase 68 of this title. 69 Chapter 16.02 70 DEFINITIONS 71 ' Sections: 72 16.02.010 Definitions. 73 16.02.020 Closed record appeal. 74 16.02.030 Department. 75 16.02.040 Director. 76 16.02.050 Open record hearing. 77 16.02.060 Project permit application. • 78 16.02.070 Public meeting. 79 16.02.080 Reviewing official. 80 16.02.090 SEPA. 81 16.02.010 Definitions. 82 The terms and words used in this title are consistent with those defined in the applicable 83 provisions of the Yakima Municipal Code ( "YMC "). In addition to those terms defined 84 elsewhere in the Yakima Municipal Code, this title defines certain specific terms for the 85 purposes of this title. When not inconsistent with the context, words used in the present 86 tense include the future; the singular includes the plural, and the plural the singular; "shall" is 87 always mandatory and "may" authorizes exercise of discretion. 88 16.02.020 Closed record appeal. 89 "Closed record appeal" means an appeal conducted by the Yakima City Council following 90 an open record hearing conducted by the Hearing Examiner on a project permit application. 91 The appeal shall be decided on the basis of the record established at the open record hearing, 92 and only appeal argument shall be allowed. Upon a clear showing of good cause, the City 93 Council may allow the record to be supplemented by limited new evidence or information. 94 16.02.030 Department. 95 "Department" means the Department of Community and Economic Development of the 96 City of Yakima. Page 3 of 14 97 16.02.040 Director. 98 "Director" means the Director of the Department of Community and Economic 99 Development or his /her designee. 100 16.02.050 Open record hearing. 101 "Open record hearing" means a public hearing, conducted by the Hearing Examiner. The 102 hearing creates the evidentiary record pursuant to procedures prescribed by ordinance or 103 resolution. Depending on the type of project permit application involved, an open record 104 hearing may result in a recommendation to the City Council or a final decision on a project 105 permit application or may occur as part of an appeal of an administrative decision on a project 106 permit application. An open record hearing may be held prior to a decision on a project 107 permit to be known as an "open record predecision hearing." An open record hearing may be 108 held on an appeal, to be known as an "open record appeal hearing," if no open record 109 predecision hearing has been held on the project permit. 110 16.02.060 Project permit application. 111 "Project permit" or "project permit application" or "project application" or "permit" 112 means any land use or environmental permit or license required for a project action. 113 16.02.070 Public meeting. 114 "Public meeting" means an informal meeting, hearing, workshop, or other public 115 gathering of people to obtain comments from the public or other agencies on a proposed 116 project permit prior to the local government's decision. A public meeting may include, but is 117 not limited to, a design review or architectural control board meeting, a special review district 118 or community council meeting, or a scoping meeting on a draft environmental impact 119 statement. A public meeting does not include an open record hearing. The proceedings at a 120 public meeting may be recorded and a report or recommendation may be included in the local 121 government's project permit application file. 122 16.02.080 Reviewing official. 123 "Reviewing official" means the building and enforcement official, administrative official, 124 hearing examiner or legislative body, when engaged in any review or approval procedure 125 under the provisions of this title, including without limitation issuing determinations, notices, 126 and waivers and making decisions to modify requirements. "Reviewing official" also includes 127 the planning department when engaged in accepting applications or reviewing administrative 128 modifications under chapter 15A.17 YMC. This definition is intended to be consistent with 129 the definition of "reviewing official" provided by YMC 15.02.020. 130 16.02.090 SEPA. 131 "SEPA" refers to the State Environmental Policy Act, chapter 43.21C RCW and the 132 regulations adopted thereunder, and chapter 6.88 YMC, as such laws exist or are hereafter 133 amended. Page 4 of 14 134 CHAPTER 16.03 •135 • PROJECT PERMIT APPLICATIONS 136 Sections: 137 16.03.010 Determination: of review procedure. 138 16.03.020 Exemptions from project permit process. 139 16.03.030 Limitation on open public record hearings and closed record appeals. 140 16.03.040 Applicant's right "to combined hearing. 141 16.03.010 Determination of review procedure. 142 A. Determination by Director. The Director or his /her designee shall determine whether 143 any proposed project is exempt from the procedures of this title, should. any clarification be 144 necessary. 145 B. Master Application Process. An application that involves two or more procedures 146 including SEPA compliance may be consolidated and processed simultaneously, including 147 combined notices, staff reports and hearings if necessary. 148 C. The applicant may determine whether such an application shall be consolidated or 149 processed separately. 150. D. Decision - maker(s). Applications processed in accordance with subsection (B) of this 151 section shall be consolidated for hearing by the highest level decision - maker(s). City of 152 Yakima decision- makers are ranked as follows: the City Council is the highest, followed by 153 the Hearing Examiner or the Regional Planning Commission as applicable, and then the .54 Director or his /her designee. 155 16.03.020 Exemptions from project permit process. 156 A. Right -of -way use permits, and street vacations pursuant to chapter 35.79 RCW, present 157 special circumstances that warrant a review process different from that provided in RCW 158 36.70B.060 through 36.70B.090 and 36.70B.110 through 36.70B.130, and are specifically 159 excluded from the procedures set forth in this title. 160 B. All building permits including Class (1) applications, boundary line adjustments, other 161 construction permits, or, as determined by the Director, similar administrative approvals • 162 which are categorically exempt from environmental review under SEPA, or permits/ 163 approvals for which environmental review has been completed in connection with other 164 permits for the same project, are exempted from the provisions of this title. 165 16.03.030 Limitation on open public record hearings and closed record appeals. 166 Except for the appeal of a. SEPA determination of significance, no more than one open 167 public record hearing and no more than one closed record appeal may occur on a single 168 project permit application or master application. 169 16.03.040 Applicant's right to combined h earing. 170 A. Required public hearings on a permit application shall be combined if the applicant so 171 requests, as long as the joint hearing can be held within the time periods set forth in this title. 172 In the alternative, the applicant may agree to a different schedule which requires additional 11 73 time in order to combine the hearings. Page 5 ‘of 14 174 B. Prerequisites to Combined Public Hearing. 'A combined public hearing may be held 175 with another local, state, regional, federal or other agency and the. City, as long as: 176 1. The other agency is not expressly prohibited by statute from doing so; 177 2. Sufficient notice of the hearing is given to meet each of the agencies' adopted notice 178 requirements as set forth in statute, ordinance, or rule; 179 3. The agency has received the necessary information about the proposed project from 180 the applicant in enough time to hold its hearing at the same time as the local government 181 hearing. 182 CHAPTER 16.04 183 PROJECT PERMIT APPLICATION PROCESS 184 Sections: 185 16.04.010 Determination of completeness. 186 16.04.020 "Complete" application /additional information. 187 16.04.030 Incomplete application procedure. 188 16.04.040 City's failure to provide determination of completeness. 189 16.04.010 Determination of completeness. 190 Within twenty -eight (28).days after receiving a project permit application, the City shall mail 191 or provide in person a written determination to the applicant which states: 192 1. That the application is complete or that the application is incomplete and what is 193 necessary to make the application complete; and 194 2. To the extent known by the City, the identity of other agencies of local, state, or 195 federal governments that may have jurisdiction over some aspect of the application. 196 16.04.020 "Complete" application /additional information. 197 A. A project permit application is complete for purposes of this section when it is 198 sufficient for continued processing even though additional information may be required. 199 B. The City's determination of completeness shall not preclude the City from requesting 200 additional information or studies either at the time of the notice of completeness or at some 201 later time if substantial project modifications are undertaken subsequent to the determination 202 of completeness or if new information is required. 203 16.04.030 Incomplete application procedure. 204 If the City determines an application is not complete, the City shall identify what • 205 additional information is necessary for continued processing. Within fourteen (14) days after 206 an applicant has submitted additional necessary information, the City shall determine whether 207 or not the application incomplete according to the provisions YMC 16.04.030 and notify 208 the applicant in the same manner. 209 16.04.040 City's failure to provide determination of completeness. 210 A project permit application shall be deemed complete under this section if the City does 211 not provide a written determination to the applicant that the application is incomplete as 212 provided in YMC 16.04.030 above. • Page 6 14 • 1 13 CHAPTER 16.05 114 PUBLIC NOTICE 215 Sections: 216 16.05.010 Notice of application. 217 16.05.020 Contents of notice of application 218 16.05.030 Public comment on the notice of application. 219 16.05.040 Notice of application and SEPA integration. 220 16.05.050 Notice of public hearing. 221 16.05.010 Notice of application. 222 A. The City shall issue a notice of application on all project permit applications that are 223 not determined by. the Director to be exempt from the procedures provided by this title. The 224 notice of application shall be mailed to the applicant's designated contact person, and, as listed 225 on current Yakima County Assessor records, the owners of property within 300 feet of the 226 development site. 227 B. The notice may also be sent to agencies interested in the application, as determined by 228 the Planning Manager, and to other persons or entities who request such notice. 229 C. If the application is subject to an open record public hearing, the date of the public 230 hearing shall be included in the notice of application and the notice of application shall be 231 provided at least 15 days prior to the open record hearing. The provisions of 16.05.030 of this 232 title shall also apply. *33 16.05.020 Contents of notice of application. 234 The notice of application shall comply with the notice requirements specified in 16.05.010 235 of this title and shall include: 236 A. The date of the application, the date of the notice of completion for the application, 237 the date the notice of application is issued; 238 B. A description of the proposed project action and a list of the project permits included 239 in the application and, if applicable, a list of any studies requested under RCW 36.70B.070 or 240 RCW 36.70B.090; 241 C. The identification of other permits not included in the application, to the extent 242 known by the City; 243 D. The identification of existing environmental documents that evaluate the proposed 244 project, and, if not otherwise stated on the document providing notice of application, the 245 location where the application and any studies can be reviewed; 246 E. The date when the public comment period ends, which shall be the twentieth day 247 following the date of notice of application, and a statement of the right of any person to 248 comment on the application and become a party of record for the application; 249 F. The date, time, place and type of hearing, if applicable and scheduled at the date of 250 notice of the application; 251 G. A statement of preliminary determination of consistency as provided in chapter 16.06, 252 if one has been made at the time of issuance of the notice of application, and of those 53 development regulations that will be used for project mitigation. 54 H. Any other information determined appropriate by the Director. Page 7of 14 ' 255 16.05.030 Public comment on the notice of application. 256 All public comments on the notice of application must be received in the Department of 257 Community and Economic Development not later than 5 p.m. on the twentieth day after the 258 notice of application is issued. If the twenty -day public comment period ends on a weekend 259 or holiday, it shall be automatically extended to the end of the next business day. Comments 260 may be mailed, personally delivered or sent by facsimile. Comments should be as specific as 261 possible. 262 16.05.040 Notice of application and SEPA integration. 263 Except for a Determination of Significance pursuant to SEPA, the City may not issue its 264 threshold determination or issue a decision or recommendation on a project permit until the 265 expiration of the public comment period on the notice of application. 266 16.05.050 Notice of public hearing. 267 A. The notice of application may include the notice of open record public hearing for 268 permit applications which require open record public hearings. 269 B. Content of Notice of Public Hearing. The notice given of an open record public 270 hearing required in this chapter shall contain: 271 1. The name and address of the applicant or the applicant's representative; 272 2. Description of the affected property, which may be in the form of either a vicinity 273 location or written description, other than a legal description; 274 3. The date, time, and place of the hearing; 275 4. A description of the subject property reasonably sufficient to inform the public of its 276 location, including but not limited to the use of a map or postal address and a subdivision lot 277 and block designation. 278 5. The nature of the proposed use or development; 279 6. A statement that all interested persons may appear and provide testimony; 280 7. When information pertaining to the application may be examined and when and how 281 written comments addressing findings required for a decision by the hearing body may be 282 admitted; 283 8. The name of a member of City staff to contact and a telephone number where 284 additional information may be obtained; 285 ' 9. That a copy of the application, all documents and evidence relied upon by the 286 applicant and applicable criteria are available for inspection at no cost and will be provided at 287 the City's cost; 288 10. That a copy of the staff report will be available for inspection at no cost at least seven 289 days prior to the hearing and copies will be provided at the City's cost. 0 Page 8 of 14 • 90 CHAPTER 16.06 • w CONSISTENCY WITH DEVELOPMENT REGULATIONS 292 AND SEPA INTEGRATION 293 Sections: 294 16.06.010 Determination of consistency. 295 16.06.020 Consistency analysis. 296 16.06.030 SEPA integration— purpose. 297 16.06.040 Use of existing environmental documents. 298 16.06.050 Issuance of SEPA threshold determinations. 299 16.06.060 Appeals of SEPA determinations. i 300 16.06.010 Determination of consistency. 301 Fundamental land use planning choices made in adopted comprehensive plans and 302 development regulations will serve as the foundation for project review. As part of project 303 review, pursuant to RCW 36.70B.030 and RCW 36.70B.040, the decision -maker shall 304 determine if a proposed project is consistent with applicable development regulations, or in 305 the absence of applicable regulations, the adopted comprehensive plan. 306 The determination of consistency is; governed by chapter 36.70B and shall be made 307 according to the process established in section 16.06.020 and shall be part of the notice of 308 application, as provided in chapter 16.05 YMC. ab 209 16.06.020 Consistency analysis. Ilp 10 Pursuant to RCW 36.70B.040(3), for purposes of this section, the term "consistency" shall 311 include all terms used in chapter 36.70A RCW and chapter 36.70B RCW to refer to 312 performance in accordance with chapter 36.70A RCW and chapter 36.70B RCW, including 313 but not limited to compliance, conformity, and consistency. 314 A. Project Considerations. Pursuant to RCW 36.70B.040, whether a proposed project is 315 consistent with applicable development regulations, or, in the absence of applicable 316 regulations, the appropriate elements of the comprehensive plan, shall be determined by 317 considering the following project considerations: 318 1. The type of land use; 319 2. The level of development, such as units per acre or other measures of density; 320 3. Infrastructure, including public facilities and services needed to serve the development; 321 and 322 4. The characteristics of the development, such as development standards. 323 B. Development Regulations /Comprehensive Plan Considerations. Pursuant to RCW • 324 . 36.70B.030(2), during project review, the City, or any subsequent reviewing body shall 325 determine whether the items listed in this subsection are defined in the development 326 regulations applicable to the proposed project or, in the absence of applicable regulations, the 327 adopted comprehensive plan. At a minimum, such applicable regulations or plans shall be 328 determinative of: 329 1. The type(s) of land use(s) permitted at the site, including uses that may be allowed under certain circumstances, such as planned unit developments and conditional and special � 30 Page 9 of 14 331 uses, if the criteria for approval of planned unit developments or conditional or special uses 332 are satisfied. 333 2. The density of residential development in the urban growth area or the level of 334 development such as units per acre or other measures of density. 335 3. The availability and adequacy of infrastructure and public facilities identified in the 336 adopted comprehensive plan, if the adopted plan or development regulations provide for 337 funding of these facilities as required by chapter 36.70A RCW; and 33 C. The project considerations identified in subsection A above shall all be considered in 339 relation to the development regulations /comprehensive plan considerations identified in 340 subsection B above. 341 D. Pursuant to RCW 36.70B.040(2), in determining consistency, the determinations made 342 pursuant to subsection B above shall be controlling. 343 E. Pursuant to RCW 36.70B.030(3), during project review, the City of Yakima or any 344 subsequent reviewing body shall not, except for issues of code interpretation, reexamine 345 alternatives to or hear appeals on: 346 1. The type(s) of land use(s) permitted at the site, including uses that may be allowed 347 under certain circumstances, such as planned unit developments and conditional and special 348 uses, if the criteria for their approval have been satisfied, as determined by the applicable 349 development regulations or, in the absence of applicable regulations, the adopted 350 comprehensive plan; 351 2. The density of residential development in urban growth areas, as determined by the 352 applicable development regulations or, in the absence of applicable regulations, the adopted 353 comprehensive plan; and 354 3. The availability and adequacy of public facilities identified in the comprehensive plan, 355 if the plan or development regulations provide for funding of these facilities as required by 356 chapter 36.70A RCW. 357 16.06.030 SEPA integration— purpose. 358 Environmental review for projects determined not to be categorically exempt under SEPA 359 shall be integrated and shall proceed concurrently with the permit procedures of this title. 360 16.06.040 Use of existing environmental documents. 361 The City may determine that adopted comprehensive plans, subarea plan elements of a 362 comprehensive plan, development regulations, or other local, state or federal rules or laws 363 provide adequate environmental analysis and mitigation of some or all specific probable 364 adverse environmental impacts of a proposed action. 365 16.06.050 Issuance of SEPA threshold determinations. 366 A. Expiration of notice of application Comment Period. Except for a determination of 367 significance (DS), the City of Yakima may not issue its SEPA threshold determination or issue 368 a decision or recommendation on a project permit until the expiration of the pubic comment 369 period on the notice of application as defined in section 16.05.100 of this title. 370 B. Preliminary SEPA Determination and notice of application. To integrate project and 371 environmental review under SEPA and to encourage early public comment on project Page 10 of 14 i ft?72 applications, a preliminary SEPA determination may be included with notice of application if 11/373 such preliminary SEPA determination has been made at the time the notice of application is 374 issued. This preliminary determination may not substitute for actual SEPA threshold 375 determination. 376 C. SEPA Determination of Significance (DS) and notice of application. If the City of 377 Yakima has made a SEPA Determination of Significance (DS) concurrently with the notice of 378 application, the notice of application shall be combined with the Determination of 379 Significance and scoping notice. Nothing in the subsection prevents a Determination of 380 Significance and scoping notice from being issued prior to a notice of application. 381 D. Public Hearing on Project Permit. If an open record predecision hearing is required 382 on the underlying project permit application, the City of Yakima shall issue its threshold 383 determination at least twenty days prior to the open record predecision hearing. 384 E. Nothing in this section limits the authority of the City in its review or mitigation of a 385 project to adopt or otherwise rely on environmental analyses and requirements under other 386 laws, as provided by chapter 43.21C RCW. 387 F. The City shall also review the application under chapter 6.88, the City Environmental 388 Policy Ordinance. 389 16.06.060 Appeals of SEPA determinations. 390 Appeals of SEPA determinations are subject to the provisions of chapter 16.08 of this title. 91 CHAPTER 16.07 vi n92 FINAL DECISIONS 393 Sections: 394 16.07.010 Notice of decision. 395 16.07.020 Notice of decision— public notice. 396 16.07.030 Notice of decision— time frames. 397 16.07.040 Exceptions from 120 -day period. 398 16.07.010 Notice of decision. 399 The notice of decision shall be a single written report which states all the decisions made 400 on all project permits that are part of the application. The notice of decision shall state any 401 mitigation required under applicable development regulations or under SEPA. If a SEPA 402 threshold determination has not been issued previously, the notice of decision shall state this 403 determination. Notice of applicable administrative appeal procedures shall also be included. 404 16.07.020 Notice of decision— public notice. 405 A. The notice of decision shall be provided by first -class mail to the applicant and to any 406 person who, prior to the decision, requested notice of the decision or who commented on the 407 application. 408 B. The notice of decision shall be distributed by first -class mail to the parties and entities 409 who were provided a notice of application. • Page 11 of 14 410 16.07.030 Notice of decision — time frames. 411 A. The notice of decision shall be issued by the reviewing official within three (3) business 412 days of the date the decision is final. 413 B. The notice of final decision shall be issued within one hundred twenty (120) days after 414 the City notifies the applicant the application is complete. The time frames provided in this 415 title sha11 apply to project permit applications filed on or after the ordinance enacting this title 416 becomes effective. Calculation of the time lapse&will be based upon the criteria specified in 417 16.07.040. 418 C. If the City is unable to issue its final decision on a project permit application within 419 the time limits provided in this section, it shall provide written notice of this fact to the 420 applicant. The notice shall include a statement of reasons why the time limits can not be met 421 and an estimated date for issuance of the notice of final decision. 422 16.07.040 Exceptions from 120 - day period. 423 A. In determining the number of days that have elapsed after the local government has 424 notified the applicant that the application is complete for purposes of calculating the time for 425 issuance of the Notice of Final Decision, the following periods shall be excluded: 426 1. Any period during which the applicant has been requested by the City or another 427 agency with jurisdiction to correct plans, perform required studies, or provide additional 428 required information. The period shall be calculated from the date the City or other agency 429 notifies the applicant of the need for additional information until the earlier of the date the 430 local government determines whether the additional information satisfies the request for 431 information or fourteen (14) days after the date the information has been provided to the 432 City; 433 2. If the City determines that the information submitted by the applicant under section 434 16.04.020 is insufficient, it shall notify the applicant of the deficiencies, and the procedures 435 under subsection 16.07.040(A)(1) of this section shall apply as if a new request for studies had 436 been made; 437 3. Any period during which an environmental impact statement is being prepared 438 following a Determination of Significance pursuant to chapter 43.21C RCW, if the City by 439 ordinance has established time periods for completion of environmental impact statements, or 440 if the local government and the applicant in writing agree to a time period for completion of 441 an environmental impact statement; 442 4. Any period for administrative appeals of project permits if an open record appeal 443 hearing or a closed record appeal or both are allowed. The time period for consideration and 444 decision on appeals shall not exceed: 445 a. Ninety (90) days for an open record appeal hearing, unless the parties to the appeal 446 agree to extend this time period; and 447 b. Sixty (60) days for a closed record appeal, unless the parties to the appeal agree to 448 extend this time period. 449 5. Any extension of time mutually agreed upon by the applicant and the local 450 government. Page 12 of 14 • 451 CHAPTER 16.08 452 APPEALS 453 Sections: 454 16.08.010 Consolidated appeals. 455 16.08.020 Open record appeals subject to review by Hearing Examiner. 456 16.08.030 Closed record appeals subject to review by the City Council. 457 16.08.040 Judicial appeals. 458 16.08.010 Consolidated appeals. 459 A. All appeals of project permit application decisions, other than an appeal of SEPA 460 Determination of Significance, shall be ' considered together in a consolidated appeal and shall 461 not be separated from the substantive 'natters of the application. 462 B. Appeals of Determinations of Significance under SEPA, chapter 6.88 YMC, shall 463 proceed as provided in that chapter in an open record hearing. The purpose of this early and 464 separate appeal hearing is to resolve the need for an environmental impact statement (EIS) and 465 to permit administrative and judicial review prior to preparation of an EIS. 466 16.08.020 Open record appeals subject to review by Hearing Examiner. 467 A. The Hearing Examiner shall hear appeals in a de novo hearing. 468 B. Notice of an appeal hearing shall be mailed to parties entitled to notice of the decision, 469 including posting of property and published notice. 470 C. A staff report shall be prepared, file transmitted to the Examiner, and hearing Ip 71 conducted in the manner described in the appropriate ordinance subject of the appeal and 472 Washington State law. The Hearing Examiner shall have ten working days to issue a decision 473 on the appeal. All decisions of the Hearing Examiner are subject to appeal to the City 474 Council. 475 16.08.030 Closed record appeal subject to review by the City Council. 476 A. The City Council shall hear appeals of all decisions by the Hearing Examiner during a 477 public meeting or a limited hearing for receipt of oral legal argument. 478 B. A complete appeal application must be submitted prior to the scheduling of the 479 Council meeting or limited hearing. 480 C. The closed record appeal shall be on the record before the City Council, and no new 481 evidence shall be presented. The record shall include all materials received in evidence at any 482 previous stage of the review, audio /visual tapes of the prior hearing(s), and the final order 483 being appealed, and argument by the parties at the Examiner's hearing. 484 D. The appellants and any respondents to the appeal shall have the opportunity to present 485 oral and written argument. Oral argument shall be confined to the prior. established Hearing 486 Examiner record and to any alleged errors in the decision. 487 E. Following the closed record appeal hearing, the Council may affirm the decision of the 488 Examiner, remand the matter back to the Hearing Examiner with appropriate directions, or 489 may reverse or modify the Hearing Examiner decision. The Council shall adopt its own 490 written findings and conclusions in support of its decision. If the Council determines there is Page 13 of 14 491 no error in the Examiner's decision, it may adopt the findings of the Examiner and accept the 492 decision of the Hearing Examiner. 493 16.08.040 Judicial appeals. 494 The City's final decision on an application may be appealed by a party of record with 495 standing to file a land use petition in Yakima County Superior Court. Such petition must be 496 filed within twenty -one (21) days of issuance of the decision, as provided in chapter 36.70C 497 RCW. 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. 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 ?Li day of November, 1998. 411 John Puccinelli, Mayor ATTEST: .>ef C c_ City Clerk Publication Date: / 1 d7 ' Effective Date: ) C: \word docs \gma \gma '98 \lap oct -nov revs \comp docs \admin dev permit reg (20 day comp.doc Last printed 11/16/98 10:57 AM Page 14 of 14 • j BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT II Item No: 2 1 For Meeting Of November 24, 1998 I i ITEM TITLE: Continued Joint Public Hearing to Consider Adoption of Growth Management Implementation Ordinances SUBMITTED BY: • William Cook, Director Community and Economic Development CONTACT PERSONlTELEPHONE: Don Skone, Planning Manager (575 -6163) { SUMMARY EXPLANATION: On October 20, 1998 the Yakima City Council and Yakima County Commissioners Y Y 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. s 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: it I! i'