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HomeMy WebLinkAbout2011-012 2010 - 2011 Urban Area Zoning Ordinance AmendmentsORDINANCE NO. 2011 -12 AN ORDINANCE relating to the regulation of land use and development in the City of Yakima and amending the following sections of Title 15 of the City of Yakima Municipal Code: 15.02.020, 15.04.030 , 15.08.030, 15.08.070, 15.08.170, 15.10.020, 15.20, 15.20.030, 15.20.040, 15.20.050, 15.23.030, & 15.12.050. WHEREAS, the Planning Commission of the City of Yakima has considered certain amendments to Title 15 of the Yakima Municipal Code pertaining to regulation of land use and development in the City of Yakima; and WHEREAS, the Planning Commission has held an open record public hearing on February 9, 2011 pursuant to notice, and has received and considered all evidence and testimony presented; and WHEREAS, the Planning Commission, having conducted such public hearing, found, determined and recommended that the City Council approve such amendments; and WHEREAS, the City Council has held a closed record hearing on February 15, 2011 pursuant to notice, to consider such amendments as recommended by the Planning Commission; and WHEREAS, the City Council of the City of Yakima, having considered the record herein and the recommendation from the Planning Commission, hereby finds and determines that approval of such amendments is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 15:02.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.02.020 — Definitions "Recycling Drop Off Center" means a commercial facility where products such as aluminum, tin cans, glass, plastic, paper, and other similar products are deposited, sorted and transferred to a Recycling Processing Center for reprocessing. "Recycling Processing Center" means a facility where products such as aluminum and tin cans, glass, plastic, paper and other similar products are deposited, sorted, stored, and reprocessed. "Reviewing official" means the building official, administrative official, hearing examiner, City of Yakima Planning Commission, or legislative body when engaged in any review or approval procedure under the provisions of this title. Section 2. Section 15.04.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.04.030 — Table Of Permitted Land Uses Table 4 -1 titled "Permitted Land Uses" is incorporated as part of this section. Each permitted land use listed in Table 4 -1 is designated a Class (1), (2), or (3) use for a particular zoning district. In addition, some Class (1) uses may require Type (2) review in accordance with YMC 15.04.020. All permitted land uses and associated site improvements are subject to the design standards and review procedures. 2 Table 4 -1 SR R1 I R2 R3 B1 B2 HB SC LC A S G RD MIJ M2 AGRICULTURAL (COMMERCIAL) Agriculture, Horticulture, General Farming (not feedlots or stockyards) (* 1 1 1 1 Agricultural Building 1 1 1 1 Agricultural Chemical Sales/Storage 1 1 1 Agricultural Market ( *) 1 1 1 1 1 1 1 1 Agricultural Stand 1 1 1 Agricultural Related Industries (') 2 1 1 1 Animal Husband See YMC 15.09.070 1 2 1 1 Concentrated Feeding Operation 3 Floriculture, Aquaculture 1 1 1 Fruit Bin Sales/Storage 3 2 1 1 Winery and Brewery - Basic 3 3 1 2 Resort/Destination w /onsite agricultural production 2 3 3 3 3 3 3 Resort/Destination ( *) 2 3 3 1 1 1 3 Retail 1 1 1 1 1 1 2 AMUSEMENT AND RECREATION Aquatic Center 3 3 3 1 2 Amusement Park Permanent 3 3 3 1 3 Bowling Alleys 2 2 2 1 1 2 3 Campground 3 2 Drive in Theatres 3 2 2 2 Exercise Facilities 2 1 1 1 1 2 1 1 1 2 Horse Racing Tracks, Speedways 3 3 Game Rooms, Card Rooms, Electronic Game Rooms ( *) 3 2 1 2 2 2 Golf Courses, Clubhouses, Golf Driving Ranges 3 3 3 3 Miniature Golf Courses 3 3 1 1 1 1 Movie Theatres, Auditoriums, Exhibition Halls 3 1 1 1 1 Parks *) 2 2 2 2 2 2 2 2 2 2 2 1 2 2 Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC A S GC CBE RD M1 M2 Roller Skating or Ice Skating Rink 2 2 1 1 2 Sorts Facility Indoor 2 2 1 2 1 2 Social Card Rooms See YMC 15.09.090)(*) 3 3 3 3 State Fair Park See YMC 15.04.200 COMMUNITY SERVICES Cemetery / Crematorium with Funeral Home 3 3 3 3 3 3 Funeral Home not associated with Cemetery / Crematorium 3 2 2 2 1 1 1 2 2 Churches, Synagogues, & Temples * 2 2 2 2 2 2 2 2 1 1 2 2 Community Center ( *) Meeting Halls, Fraternal Organizations 2 2 2 2 2 2 2 2 2 1 1 2 Daycare Facilities not home occupation): Family In -Home * 1 2 2 2 2 2 2 2 1 1 1 Daycare Center * 2 2 2 2 1 1 2 1 1 1 1 2 1 Police, Fire Stations, Ambulance Service 3 3 3 3 2 2 2 2 1 1 1 1 1 1 Hospital ( *) Outside Institutional Overlay 3 3 3 3 3 3 3 3 Correctional Facilities 3 3 3 3 3 3 Libraries 3 3 3 2 1 2 1 1 1 1 1 1 Museums, Art Galleries 3 3 2 1 2 1 1 1 1 1 1 1 Schools Elementary and Middle 3 3 3 3 3 3 1 3 Senior High School 3 3 3 3 3 3 3 3 Business Schools(*) 3 3 3 3 3 3 2 2 1 1 1 2 2 Community College / University - Inside Institutional Overlay See YMC Ch. 15.30 Community College / University - Outside Institutional Overlay 3 3 3 3 3 2 2 2 2 3 2 3 2 2 Vocational Schools * 3 3 3 3 3 2 2 2 1 1 1 2 3 Wastewater Sprayfield * 3 3 3 Zoo ( *) 3 3 3 3 3 HEALTH AND SOCIAL SERVICE FACILITY Group Homes Six or fewer), Adult Family Home ( *) 1 1 1 1 1 1 1 1 Treatment Centers For Drug and Alcohol Rehabilitation 3 3 3 3 3 3 3 3 Boarding House *) 3 3 3 3 3 1 2 Table 4 -1 SR R1 R2 R3 1131 B2 HB SCC LCC A S GC CB1 RD M1 M2 Halfway House *) 2 3 3 Group Homes More than Six), Convalescent and Nursing Homes 3 2 2 2 3 3 MANUFACTURING Agricultural Product Support 2 2 2 1 1 Aircraft Parts 1 1 1 Aircraft Commercial ( *) and Industrial ( *) Uses on land owned by the Airport 1 1 2 Apparel and Accessories 3 2 2 1 1 Bakery Products (wholesale) 2 2 2 2 2 1 1 Beverage Industry(*) 2 2 2 1 1 Canning, Preserving and Packaging Fruits, Vegetables, & Other Foods 3 1 1 Cement and Concrete Plants 3 1 Chemicals (Industrial, Agricultural, Wood, etc.) 3 1 Concrete, Gypsum and Plaster Products 2 1 1 Confectionery and Related Products (wholesale) 2 2 2 1 1 2 1 1 Cutlery, Hand Tools and General Hardware 1 3 1 1 Drugs 1 2 1 1 Electrical Transmission and Distribution Equipment 1 2 3 1 1 Electronic Components and Accessories and Product Assembly 1 2 2 3 1 1 Engineering, Medical, Optical, Dental, Scientific Instruments and Product Assembly 1 2 1 1 Fabricated Structural Metal Products 2 3 3 1 1 Food Processing 2 3 1 1 Furniture 2 3 2 1 1 Glass, Pottery, and Related Products and Assembly 2 2 2 1 1 Grain Mill Products 3 1 1 Heating Apparatus Wood Stoves 1 1 Leather Products 3 1 1 1 Leather Tanning and Finishing 1 1 Table 4 -1 SR R1 R2 R3 B1 B2 HIS SCC LCC A S GC CB RD M1 M2 Machinery and Equipment 1 2 1 1 Meat, Poultry and Dairy Products 1 1 Paints, Varnishes, Lacquers, Enamels and Allied Products 3 1 Paperboard Containers and Boxes 1 3 1 1 Plastic Products and Assembly 1 2 1 1 Prefabricated Structural Wood Products and Containers 1 1 1 Printing, Publishing and Binding 1 3 2 1 1 Printing Trade (Service Industries) 2 2 2 1 1 2 1 Recycling Processing Center 3 1 Rendering Plants, Slaughter Houses 3 Rubber Products 1 2 1 Sign Manufacturing and Product Assembly 2 1 1 1 1 Sawmills and Planing Mills 2 1 Sheet Metal and Welding Shops 2 1 1 Stone Products includes finishing of monuments for retail sale 2 1 2 2 3 1 1 Transportation Equipment, Includin Trailers and Campers 1 1 Woodworking: Cabinets, Shelves, etc. 3 1 2 2 1 1 MINING /REFINING /OFF -SITE HAZARDOUS WASTE TREATMENT Asphalt Paving and Roofing Materials, Rock Crushing 3 3 1 Mining Including Sand and Gravel Pits (* 3 3 3 Stockpiling of Earthen Materials(*) 2 2 2 2 1 1 1 1 1 1 1 1 1 1 Off -Site Hazardous Waste Treatment and Storage Facilities( *) 3 3 RESIDENTIAL Accessory Uses * See YMC 15.04.060 Detached Single-Family Dwelling 1 1 1 1 3 3 1 3 3 1 3 13 Accessory Unit * See YMC 15.09.045 2 2 Existing or New Detached Single - Family Dwelling on Existing Lots of 8,000 square feet or less 1 1 1 Detached Single-Family Dwelling zero lot line) (* ) (See YMC 2 2 2 2 3 3 1 3 3 3 3 Table 4 -1 SR R1 R2 R3 131 B2 HB SCC LCC A S GC CBI RD M1 M2 15.09.040) Attached Single-Family Dwelling, Common Wall 2 2 1 1 3 3 1 2 2 2 2 Two-Family Dwelling (Duplex) (") 3 3 1 1 2 2 1 2 2 2 2 Converted Dwelling ( *) 3 2 3 2 2 2 2 2 2 2 2 2 1 Multi-Family Dwelling ": 04 DU /NRA 2 1 2 2 2 2 2 2 2 8 -12 DU /NRA 2 1 2 2 2 2 2 2 2 13+ DU /NRA 3 1 2 2 2 2 2 2 2 Mixed Use Building 1 1 1 1 1 1 1 Planned Development ( *) See YMC 15.28 Mobile Home Parks 2 1 1 12 2 Mobile Home ( *) or Manufactured Homes ( *) See YMC 15.04.160 Retirement Homes * 2 3 1 3 1 1 Temporary Hardship Units (See YMC 15.04.140) 2 2 2 2 2 2 2 2 2 2 2 RETAIL TRADE, AND SERVICE Addressing, Mailing, and Stenographic Services 1 1 2 1 1 1 1 1 1 Adult Business Uses See YMC 15.09.200 Animal Clinic/Hospital/Veterinarian * 3 2 2 2 1 2 1 1 1 Antique Stores 2 2 2 1 1 1 1 Artist's Supplies 1 1 1 1 1 1 1 1 Auction House for Goods ( *) 3 2 2 2 1 1 2 1 1 Auction House for Livestock * 3 2 2 Automotive Automobile Dealer New and Used Sales 2 2 2 1 3 1 1 Weekend Automobile and Recreational Vehicle RV Sales 1 1 1 Automotive: Car Wash / Detailing 2 1 1 1 1 1 2 Parking Lots and Garages 2 1 1 1 1 1 1 1 1 Maintenance and Repair Shops 2 1 1 2 1 2 1 2 Paint and Body Repair Shops 2 2 1 1 1 2 Parts and Accessories (tires, batteries, etc.) 2 1 1 1 1 2 1 2 Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC A S GC CBI RD M1 M2 Towing Services 1 3 1 1 Wrecking and Dismantling Yard & Hulk Haulers 3 1 Bail Bonds 1 1 1 Bakery 2 1 1 1 1 1 1 1 1 Beauty and Barber Shops 2 1 2 1 1 1 1 1 1 2 Bed and Breakfast Inn 2 2 2 2 2 2 1 Boats and Marine Accessories 2 2 1 1 1 1 Books, Stationery, Office Supplies 2 1 1 1 1 1 1 1 2 Butcher Shop 1 1 1 1 2 2 1 Camera Store 2 1 2 1 1 1 1 1 1 Candy Store 2 1 2 1 1 1 1 1 1 Clothing and Accessories 2 1 2 1 1 1 1 1 1 Coin and Stamp Shop 2 1 2 1 1 1 1 1 1 Commercial Services 2 1 2 1 1 1 1 1 2 Communication Towers See YMC 15.04.180 Computer and Electronic Stores 2 1 2 1 1 1 1 1 1 Convenience Store - Closed 10:00 p.m. to 6:00 a.m. 1 2 1 1 1 1 1 1 2 Convenience Store - Open 10:00 p.m. to 6:00 a.m. 2 2 2 1 1 2 1 2 Delicatessen 2 1 2 1 1 1 1 1 1 Department, Discount, Variety Stores 25,000 sq ft or less 2 2 1 1 1 1 1 Department, Discount, Variety Stores (25,001 sq ft or more ) 3 3 1 1 1 1 Pet Daycare / Animal Training * 2 1 1 1 2 1 1 2 Drug Stores * (optical goods, orthopedic supplies) 2 1 2 1 1 1 1 1 1 Espresso / Coffee Drive -Thru (* 2 2 2 2 1 1 2 2 2 Espresso / Coffee Stand * 1 1 1 1 1 1 1 1 1 Fabric Store 1 2 1 1 1 1 1 1 Farm and Implements, Tools and Heavy Construction Equipment 1 2 3 1 1 Farm Supplies 2 2 1 1 2 1 Financial Institutions 1 1 1 1 1 1 1 1 Florist 2 1 1 1 1 1 1 1 1 Table 4 -1 SR R1 R2 R3 B1 B2 HB SC LC A S GC CBI RD M1 M2 Food Store, Specialty 1 2 1 1 1 1 1 1 1 Fuel Oil and Coal Distributors 1 2 1 1 Furniture, Home Furnishings, Appliances 1 1 1 1 1 1 1 General Hardware, Garden Equipment, & Supplies 2 1 1 1 1 1 1 1 1 Gift Shop ( *) 2 1 2 1 1 1 1 1 1 Grocery Store (larger than 6,000 s. ft. 3 2 1 1 2 1 Heating and Plumbing and Electrical Equipment Stores 2 2 1 1 1 1 1 Heavy Equipment Storage, Maintenance & Repair 1 1 1 Jewelry, Watches, Silverware Sales and Repair 1 2 1 1 1 1 1 1 Kennels * 2 2 2 Laundries, Laundromats and Dry Cleaning Plants 2 2 1 1 1 1 2 1 Liquor Stores 2 2 1 1 1 1 Lumber Yards 2 1 1 1 1 Massage Therapy / Spa ( *) 1 1 1 1 1 1 1 1 1 Motels and Hotels 2 1 1 1 1 1 Motorcycles Sales/Repair (including maintenance 2 1 1 1 3 1 2 Music Stores 2 2 1 1 1 1 1 Night Clubs /Dance Establishments 2 1 1 1 1 1 Nursery 2 1 1 1 1 1 1 1 Office Call Center 1 2 1 1 2 1 1 1 1 Contractor Building and Trade (Plumbing, Heating, Electrical, Painting) 1 1 1 1 2 1 2 1 Government 2 2 2 2 1 1 1 2 Professional Architects, Attorneys, Engineers, Surveyors) 3 1 1 2 1 1 1 1 1 1 1 Medical and Dental Laboratory, Offices and Clinic 3 1 1 2 1 1 1 1 1 1 2 Service Agencies (Advertising, Employment, Insurance, Real Estate, etc 1 1 2 1 1 1 1 1 1 Outdoor Advertising Billboards See YMC 15.08.130 Paint, Glass and Wallpaper Stores I I I 1 1 2 2 1 1 1 1 1 1 1 1 Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC A S GC CBI RD M1 M2 Pawn Broker 2 1 1 1 2 1 Pet Stores Pet Supplies and Dog Grooming) 1 1 1 2 1 1 1 1 Printing, Photocopy Service 1 1 1 1 1 1 1 1 1 1 Radio/TV Studio 3 2 2 1 1 1 1 2 Recycling Drop Off Center ( *) 1 2 2 1 1 1 1 Rental: Auto, Truck, Trailer, Fleet Leasing Services with Storage 3 2 1 2 1 2 2 1 2 Rental: Heavy Equipment except automotive) with Storage 1 1 Rental: Heavy Equipment (except automotive without storage 1 2 3 2 Repairs: Small Appliances, TVs, Business Machines, Watches, etc. 1 2 1 1 1 1 2 1 1 Repairs: Locksmiths and Gunsmiths 1 2 1 1 1 1 2 1 Repairs: Reupholstery and Furniture 1 1 1 1 1 1 1 1 1 Repairs: Small Engine and Garden Equipment 2 2 2 1 1 1 2 1 Restaurant, Cafe and Drive -in Eating Facilities 2 1 1 1 1 1 1 1 1 Seamstress, Tailor 1 1 1 1 1 1 1 1 Service Station Closed Between 10:00 p.m. and 6:00 a.m. 2 1 1 1 1 1 1 1 Service Station Open Between 10:00 p.m. and 6:00 a.m. 3 2 2 1 1 2 1 2 Shoe Repair and Shoe Shine Shops 1 2 1 1 1 1 1 1 2 Shooting Ranges Indoor 3 3 3 3 1 Signs, printed, painted or carved 2 2 1 1 2 1 1 Sporting Goods, Bicycle Shops 1 2 1 1 1 1 1 1 2 Taverns ( *) and Bars 1 2 1 1 1 1 1 1 1 Technical Equipment Sales * 2 1 2 1 1 1 1 1 1 1 Toy and Hobby Store 1 2 1 1 1 1 1 1 Truck Service Stations and Shops 3 2 1 1 Truck (Large), Manufactured Home & Travel Trailer Sales 1 3 1 Video Sales /Rental 1 2 1 1 1 1 1 1 2 Waste Material Processing and Junk Handling * 3 1 TRANSPORTATION Bus Terminals 1 1 1 1 1 1 Bus Storage and Maintenance Facilities 1 1 10 Table 4 -1 SR R1 R2 R3 B1 B2 HB SC LC A S GC CBI RD M1 M2 Transportation Brokerage *) Offices, with Truck Parkin 2 2 1 1 Contract Truck Hauling, Rental of Trucks with Drivers 1 1 1 Air, Rail, Truck Terminals for short-term storage, office, etc. 1 2 1 1 Railroad Switch Yards, Maintenance and Repair Facilities, etc. 1 1 Taxicab Terminals, Maintenance and Dispatching Centers, etc. 3 3 1 Airport Landing Field 1 Airport Operations * 1 UTILITIES Power Generating Facilities 3 2 1 Utility Services (substations, etc.) 3 3 3 3 3 3_ 3 3 3 1 1 WHOLESALE TRADE - STORAGE Warehouses ( *) 3 1 2 2 1 1 Wholesale Trade * 2 1 1 2 1 1 1 Storage Facilities, Bulk ( *) 1 2 1 1 Storage Facilities Commercial 3 1 2 3 1 1 Residential Mini-Storage (* 3 3 1 2 3 1 1 *Refers to definition in YMC Ch. 15.02 = Not Permitted 1 = Class (1) Permitted Use 2 = Class (2) Requires an Administrative Review by the Administrative Official 3 = Class (3) Requires a Public Hearing by the Hearing Examiner 11 Section 3. Section 15.08.030 of the City of Yakima Municipal Code is hereby amended to read as follows 15.08.030 — Development Permit Required No sign governed by Title 15 shall be erected, structurally altered or relocated after the adoption without first receiving a development permit from the building official. 1. For New Uses. All on- premises signs meeting the standards of this chapter are considered Class (1) Uses requiring Type (1) Review. On- premise signs not meeting the standards shall follow the procedures of YMC 15.08.170, and are otherwise not permitted. Off - premises signs and billboards are permitted as identified in YMC 15.08.130. 2. For Changes or Replacement of an Existing Sign. Structural changes to, or replacement of, an existing sign requires Type (1) review and approval by the building official. , Section 4. Section 15.08.070 of the City of Yakima Municipal Code is hereby amended to read as follows 15.08.070 — General Provisions All signs shall comply with the following provisions: A. Construction shall satisfy the requirements of the Building Code; B. Except for exempt signs, all signs shall be permanently attached to a building or the ground; C. Signs attached to a building shall not exceed the height of the building, except under the provisions of YMC 15.08.080(1) and YMC 15.08.090; D. All signs shall comply with the setback requirements in Table 8 -3, except when the side or rear yard is a street frontage, then the front setback shall apply; E. Lighting directed on or internal to any sign shall be shaded, screened, or directed so that the light's intensity or brightness shall not adversely affect neighboring property or motor vehicle safety; F. All signs together with their supports, braces, and guys shall be maintained in a safe and secure manner; G. The ratio of the area of the sign support, framing structure, and /or other decorative features which contain no written or advertising copy, to the sign cabinet shall not be greater than 1:1; H. A clearview triangle shall be maintained at all driveways and curb cuts for vision safety purposes. (See YMC 15.05.040); I. No freestanding signs shall be--placed in the clearview triangle established in YMC 15.05.040; and, J. Any exterior lighting must be shielded and directed away from adjoining streets or residential uses. Table 8 -1 Type And Number Of Signs Permitted SIGN TYPE ZONING DISTRICTS 13 NOTES: 1. YMC 15.08.140 has freestanding sign provisions for multiple building complexes and multiple tenant buildings. 2. Nameplates and subdivision identification signs permitted in the Residential Districts may be placed on a wall —See Table 8 -2. Section 5. Section 15.08.170 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.08.170 – Administrative Adjustment Of Sign Standards Allowed A. Comprehensive Design Plan. A comprehensive design plan is required whenever adjustment of one or more of the sign design standards of this Chapter is proposed 14 SR JR1 JR2 R3 B1 HB B2 JSCCJLCCJCBDJGC SFRDJM1JM2 PERMITTED SIGNS On Premises Signs Nameplate Permitted as an accessory use to an approved or existing use Subdivision Identification /Project Identification Roof /Portable Signs Not Permitted Class (1) Use Freestanding' Subdivision /Proj.On- I.D. Only Not Permitted premises signs meeting the standards of this chapter are considered Class (1) Uses requiring Type (1) Review. On- premise signs not meeting the standards of this chapter shall follow the procedures of YMC 15.08.170, and are otherwise not permitted. Projecting Freeway See YMC 15.08.150 Off Premises Signs Directional Not Permitted(2) Class Not Class (2) Use Class Permitted (1) use Use Advertising Billboards NUMBER OF SIGNS PERMITTED On Premises Signs Nameplate 1 per dwelling Subdivision Identification /Use Identification 1 peer street frontage Not Permitted 1 per street frontage Freestanding' Projecting Wall /Roof/ Portable Signs Wall: YMC 15.08.100 /Roof: YMC 15.08.090/ Temporary: YMC 15.08.110 Freeway Freeway: See YMC 15.08.150 Off Premises Signs Directional Directional: See YMC 15.08.120(b) Advertising Not Permitted 1 Sign Per Parcel (Also YMC 15.08.130) Billboards NOTES: 1. YMC 15.08.140 has freestanding sign provisions for multiple building complexes and multiple tenant buildings. 2. Nameplates and subdivision identification signs permitted in the Residential Districts may be placed on a wall —See Table 8 -2. Section 5. Section 15.08.170 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.08.170 – Administrative Adjustment Of Sign Standards Allowed A. Comprehensive Design Plan. A comprehensive design plan is required whenever adjustment of one or more of the sign design standards of this Chapter is proposed 14 or when required as part of a detailed sign plan. The comprehensive design plan shall include a narrative and site plan, including, but not limited to the following: 1. Site Plan which includes the physical components of the sign including sign size, height, shape, color, location and associated landscaping; 2. A description of how the sign relates to the immediate surroundings, including existing and proposed structures, other signs, neighboring land uses and the character of the zoning district; 3. A explanation of why the existing sign standards are not adequate and require adjustment, and, 4. For multiple tenant buildings and multiple building complexes a description of how the available sign area will be allocated between tenants or leasable spaces. B. Review Procedures. The Administrative Official shall review the comprehensive design plan in accordance with the provisions of YMC Ch. 15.10 and may either approve or disapprove the plan. The Administrative Official shall approve the comprehensive design plan and /or adjustments in the standards of this Chapter when he finds that such approval would be consistent with the character of the zoning district, compatible with neighboring land uses, and create visual harmony between the sign, structure, and the site where it is located. The Administrative Official may also attach conditions to this approval in order to accomplish the objectives of this section and YMC 15.10.030. Section 6. Section 15.10.020 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.10.020 — Administrative Adjustment Of Some Development Standards Authorized The purpose of this section is to provide flexibility by allowing certain development standards in YMC Ch. 15.05 - 15.08 to be administratively adjusted. A particular standard may be reduced or modified, so long as, the Administrative Official determines that the adjustment and /or reduction is consistent with the purpose, the intent and purpose of the standards, and will accomplish one or more of the following objectives: A. Allow buildings to be sited in a manner, which maximizes solar access; B. Allow zero lot line or common wall construction in conformance with the provisions; C. Coordinate development with adjacent land uses and the physical features; D. Permit flexibility in the design and placement of structures and other site improvements that is the minimum adjustment necessary to accommodate the proposed structure or site improvement; or, E. Allow development consistent with a specific sub -area plan adopted by the appropriate jurisdiction. Administrative adjustments of development standards shall be processed under the provisions for modifications as contained in YMC Ch. 15.17 for Class (1), and Class (2) uses, and under Type (3) review for Class (3) uses. The Administrative Official shall not have the authority to reduce the site design requirements for minimum lot size, building height, or subdivision requirements set forth in YMC 15.05.030 and Table 5 -2, or YMC 15.05.060. Section 7. The index of Chapter 15.20 of the City of Yakima Municipal Code is hereby amended to read as follows: 15 CHAPTER 15.20 – ADMINISTRATION Sections: 15.20.010 Purpose 15.20.020 Administrative Official's— Duties And Powers 15.20.030 Planning Department— Duties And Powers 15.20.040 Hearing Examiner — Duties And Powers 15.20.050 City of Yakima Planning Commission 15.20.060 Legislative Body 15.20.070 No Personal Liability For Acts Or Omissions 15.20.080 Coordination With County /City 15.20.090 Entrance Onto Private Property 15.20.100 Statement Of Zoning District By City Or County Officials /Reliance Limited 15.20.110 Computation Of Time Section 8. Section 15.20.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.20.030 Planning Department -- Duties and powers. A. The planning department shall have the following powers and responsibilities: 1. Issue certificates of zoning review under the provisions of this title; 2. Receive, record and file all applications for permits, approvals or other action, including class (2) and (3) review, and applications for appeals, interpretations, variances and rezones; 3. Review and decide modifications to approved class (2) and (3) uses and existing class (1), (2) and (3) uses under the provisions of Chapter 15.17; 4. Provide staff support to the City of Yakima Planning Commission on all long range planning matters, proposed ordinance amendments, and Rezone applications; 5. Immediately change the official zoning map to accurately reflect any amendments made by official action of the legislative body; 6. Provide staff support to the hearing examiner, City of Yakima Planning Commission, and legislative body; 7. Perform any other act or duty authorized or assigned to it under the provisions of this title; 8. Maintain the official index of all permits and approvals under this title. Section 9. Section 15.20.040 of the City of Yakima Municipal Code is hereby amended to read as follows 15.20.040 – Hearing Examiner – Duties and Powers A. Office. The office of the Hearing Examiner, herein referred to as Hearing Examiner, is hereby recognized. The Hearing Examiner shall perform the duties and functions established by this or any other title. Unless the context requires otherwise, the term Hearing Examiner as used herein shall include Deputy Examiners and Examiners Pro -Tem. The hearing examiner shall be jointly hired and appointed by the City of Yakima and Yakima County. [601 B. Authorities and Duties. The Examiner shall receive and examine available information, conduct public hearings and keep a record thereof, and enter decisions as provided for herein. C. Effect of Decisions. 1. The decision of the hearing examiner on the following matters shall be final unless such decision is appealed to the legislative body pursuant to YMC 15.16.040: a. Type (3) review decisions; b. Variance requests; c. Home occupations; d. Revocation proceedings under YMC Ch. 15.24; e. Nonconforming uses; f. Appeals of decision by the Building Official or Administrative Official; and, g. Any other authorized decision not expressly listed in subsection (C) (2) of this section. 2. The decision of the Hearing Examiner on rezone applications shall constitute a recommendation to the legislative body. Provided, that rezone applications initiated by the City or County to implement a newly adopted or amended Comprehensive Plan, or which are of broad general applicability, shall be heard by the City of Yakima Planning Commission. Section 10. Section 15.20.050 of the City of Yakima Municipal Code is hereby amended to read as follows 15.20.050 City of Yakima Planning Commission. A. Establishment and Jurisdiction. The City Planning Commission is organized under RCW Chapter 35.63 and serves as a citizen advisory group to the legislative bodies on long range planning matters. B. Authority and Duties. 1. As the long -range planning body for the City of Yakima, the City Planning Commission shall monitor the growth and development of the City of Yakima and continually reevaluate and recommend revisions to the City of Yakima comprehensive plan and this title; 2. Investigate and make recommendations on other land use matters either requested by the elected officials or upon its own initiative; 3. Study and report on all proposed text amendments to this title; 4. Review and report to the joint board at least once every five years commencing on the date of enactment of this title. This five year report shall: a. Analyze the extent to which development has actually occurred in the City of Yakima and evaluate this title in terms of its ability to guide growth in conformance with the City of Yakima comprehensive plan, b. Recommend any changes in the zoning map which may be required in order to accommodate expected residential, commercial and industrial development in the Yakima urban area over the next 20 years, c. Analyze the need for any other regulations imposed by this title in terms of changed conditions since the last review, 5. Advise the legislative body on land use matters, 6. Monitor the hearings of the hearing examiner in order to stay informed on development activities, the concerns of the public, and the decisions of the hearing examiner, and 17 7. Perform any other function authorized by law. Section 11. Section 15.23.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.23.030 Rezones -- Zoning map amendments. A. Initiation. An amendment to the zoning map may be initiated by: 1. Resolution of the legislative body with jurisdiction or the City of Yakima Planning Commission; or, 2. A rezone application filed by the property owner(s). B. Application. All rezone applications shall be filed with the planning department. The planning department shall process the application under the provisions of Section 15.11.080. The application shall include the information required in Section 15.11.030 and the signature of the owner(s) of the property. C. Public Hearing by the Hearing Examiner or City of Yakima Planning Commission. Upon receipt of a complete application for a rezone, the planning department shall forward the application to the hearing examiner or City of Yakima Planning Commission for public hearing and review. Provided, that rezone applications initiated by the city or county to implement a newly adopted or amended comprehensive plan, or which are of broad general applicability shall be heard by the City of Yakima Planning Commission under the provisions of RCW Chapter 36.70. The public hearing shall be held and notice provided under the provisions of Chapter 15.11.090. The applicant shall appear in person or by agent or attorney. Failure to do so shall constitute sufficient cause for continuance or denial of the requested action. Other parties may appear in person or by agent or attorney, or may submit written comments. D. Recommendation by the Hearing Examiner or City of Yakima Planning Commission. Within ten days of the conclusion of the hearing, unless a longer period is agreed to in writing by the applicant, the Hearing Examiner or City of Yakima Planning Commission shall issue a written recommendation to approve, approve with conditions or deny the proposed rezone. The recommendation shall include the following considerations: 1. The testimony at the public hearing; 2. The suitability of the property in question for uses permitted under the proposed zoning; 3. The recommendation from interested agencies and departments; 4. The extent to which the proposed amendments are in compliance with and /or deviate from the goals and policies as adopted in the Yakima urban area comprehensive plan and the intent of this title; 5. The adequacy of public facilities, such as roads, sewer, water and other required public services; 6. The compatibility of the proposed zone change and associated uses with neighboring land uses; and, 7. The public need for the proposed change. Notice of the hearing examiner's or the City of Yakima Planning Commission's recommendation shall be mailed to the applicant at the address provided on the application form. The decision of the hearing examiner or the City of Yakima 18 Planning Commission on rezone applications shall constitute a recommendation to the legislative body. E. Action by the Legislative Body. Upon receipt of the hearing examiner's or the City of Yakima Planning Commission's recommendation on a proposed rezone, the. legislative body shall hold a public meeting and affirm or reject the hearing examiner's or the City of Yakima Planning Commission's decision. The legislative body shall conduct its own public hearing when it rejects the recommendation of the hearing examiner, the City of Yakima Planning Commission, or desires additional public testimony. Notice of the public hearing shall be given in the manner set forth in Section 15.11.090. In either case, the findings of the legislative body shall include the considerations established in subsection (E) of this section. F. Time Limit and Notification. Proposed amendments shall be decided by the legislative body as soon as practicable and the applicant shall be notified in writing whether the rezone has been granted or denied. Section 12. Section 15.12.050 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.12.050 Final site plans. A. Final Site Plan Required. A Final Site Plan shall be submitted with all Type 1 Review applications, and shall be required as a condition of approval'for all Type 2 and 3 Review applications. The final site plan shall include the items shown on the original site plan and the additions and modifications required by the administrative official. B. Final Site Plans —Form and Content. All final site plans shall be drawn to scale and be legibly drawn, prepared, or printed by a process guaranteeing a permanent record in black on paper, or equivalent material as required by the department. Unless the department requests or authorizes a different size or scale, the size and scale of the final site plan shall conform to the requirements of YMC 15.11.040 or 15.11.050 as applicable. Where necessary, the final site plan may be on several sheets accompanied by an index sheet showing the entire site plan. (Ord. 2008 -46 § 1 (part), 2008: Ord. 93- 81 § 47, 1993; Ord. 3019 § 45, 1987; Ord. 2947 § 1 (part), 1986). Section 13. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL signed and approved this 15th day of March, 2011. C"Z11 Micah Cawley, yor ATTEST: City Clerk Publication Date: March 18, 2011 Effective Date: April 17, 2011 LLB ORDINANCE NO. 2011-12 AN ORDINANCE relating to the regulation of land use and development in the City of Yakima and amending the following sections of Title 15 of the City of Yakima Municipal Code: 15.02.020, 15.04.030 , 15.08.030, 15.08.070, 15.08.170, 15.10.020, 15.20, 15.20.030, 15.20.040, 15.20.050, 15.23.030, & 15.12.050. WHEREAS, the Planning Commission of the City of Yakima has considered certain amendments to Title 15 of the Yakima Municipal Code pertaining to regulation of land use and development in the City of Yakima; and WHEREAS, the Planning Commission has held an open record public hearing on February 9, 2011 pursuant to notice, and has received and considered all evidence and testimony presented; and WHEREAS, the Planning Commission, having conducted such public hearing, found, determined and recommended that the City Council approve such amendments; and WHEREAS, the City Council has held a closed record hearing on February 15, 2011 pursuant to notice, to consider such amendments as recommended by the Planning Commission; and WHEREAS, the City Council of the City of Yakima, having considered the record herein and the recommendation from the Planning Commission, hereby finds and determines that approval of such amendments is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 15.02.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.02.020 — Definitions "Recycling Drop Off Center" means a commercial facility where products such as aluminum tin cans, glass, plastic, paper, and other similar products are deposited sorted and transferred to a Recycling Processing Center for reprocessing_ "Recycling Processing Center" means a facilijy where products such as aluminum and tin cans glass, _plastic paper and other similar products are deposited sorted stored and reprocessed "Reviewing official" means the building official, administrative official, hearing examiner, City of Yakima Planning Commission, or legislative body when engaged in any review or approval procedure under the provisions of this title. "Seeendhand store" faeans a retail business selling used goods. Section 2. Section 15.04.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.04.030 — Table Of Permitted Land Uses Table 4 -1 titled "Permitted Land Uses" is incorporated as part of this section. Each permitted land use listed in Table 4 -1 is designated a Class (1), (2), or (3) use for a particular zoning district. In addition, some Class (1) uses may require Type (2) review in accordance with YMC 15.04.020. All permitted land uses and associated site improvements are subject to the design standards and review procedures. 2 T ble 4 -1 SR R1 R2 R3 BI B2 HB SCd LC A S GC CB RD M1 M2 A RICULTURAL COMMERCIAL Agriculture, Horticulture, General Farming (not feedlots or stockyards) ( *) 1 1 1 Agricultural Building *) 1 1 1 A ricultural Chemical Sales/Storage 1 1 I Al ricultural Market (* 1 1 I 1 Agricultural Stand ( *) 1 1 Agricultural Related Industries *) 2 1 1 1 Ai imal Husbandry (See YMC 15.09.070) ( *) 1 2 1 1 C ncentrated Feeding Operation (* 3 Floriculture. A uaculture 1 1 I Fr it Bin Sales/Storage 3 2 1 1 Winery and Brewery - Basic ( *) 3 3 1 2 Resort/Destination w /onsite agricultural production ( *) 2 3 3 3 3 3 3 Resort/Destination (* 2 3 3 1 1 1 3 Retail ( *) 1 1 1 t 1 2 A USEMENT AND RECREATION A uatic Center 3 3 3 1 2 Ai iusement Park (Permanent) ( *) 3 3 3 l 3 BQwling Alleys _ 2 1 1 2 3 C mpground ( *) Dive in Theatres 2) 2 2 E ercise Facilities 1 I 1 1 H rse Racing Tracks, Speedways 3 3 Game Rooms, Card Rooms, Electronic Game Rooms ( *) 2 G If Courses, Clubhouses, Golf Driving Ranges 3 M mature Golf Courses 3 3 1 I 1 1 M vie Theatres, Auditoriums, Exhibition Halls 3 1 1 1 1 Parks ( *) -3 2 2 2 2 2 2 1 2 Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LC A S GC CB1 RD M1 M2 Roller Skating or Ice Skating Rink ? 2 1 1 3 2 Sr orts Facility (Indoor) 1 1 3 2 Sc cial Card Rooms See YMC 15.09.090)(*) St ite Fair Park (See YMC 15.04.200) C MMUNITY SERVICES Ct mete / Crematorium with Funeral Home 3 3 3 3 3 3 Funeral Home not associated with Cemetery Crematorium 3 2 2 1 1 2 2 C urches, Synagogues, & Temples ( *) 2 3 2 2 2 2 2 1 1 3 2 2 C mmunity Center ( *) Meeting Halls, Fraternal Organizations 2 3 2 2 2 2 2 2 1 Dkycare Facilities (not home occupation): Family In -Home ( *) 1 2 2 2 2 2 2 2 1 1 D ycare Center ( *) 3 2 3 2 3 2 2 1 1 2 1 1 1 Pc lice, Fire Stations, Ambulance Service 3 3 3 3 2 2 1 1 1 1 1 H s ital ( *) Outside Institutional Overlay 3 3 3 3 3 3 3 3 C rrectional Facilities 3 3 3 3 3 3 Li raries 3 3 3 2 1 2 1 1 1 1 M iseums, Art Galleries 3 3 2 1 2 1 1 1 1 Schools Elementary and Middle 3 3 3 3 3 3 1 3 Senior High School 3 3 3 3 3 3 3 3 Business Schools(* ) 3 1 3 3 3 3 3 2 2 1 1 1 2 2 Community College / University - Inside Institutional Overlay (See YMC Ch. 15.30) Community College / University - Outside Institutional Overlay 3 3 3 3 13 2 2 2 2 3 2 3 2 2 Schools ( *) 3 3 3 3 3 2 2 2 1 1 1 2 3 AVocational : stewwter S ra field ( *) 3 3 3 Table 4 -1 SR R1 R2 R3 I B1 B2 HB SCC LC A S GC CB1 RD M1 M2 Z o( *) 3 3 3 3 3 HEALTH AND SOCIAL SERVICE FACILITY G joup Homes (Six or fewer), Adult Family Home ( *) 1 I 1 1 1 1 1 1 T atment Centers For Drug and Alcohol Rehabilitation 3 3 3 3 Boarding House ( *) 3 3 3 i 2 Halfway House *) 2 3 3 Gioup Homes (More than Six), Convalescent and Nursing Homes ( *) 2 2 3 3 MANUFACTURING A ricultural Product Support 2 2 1 1 A' craft Parts 1 I 1 A' A' craft Commercial ( *) and Industrial ( *) Uses on land owned by the -port ! 1 2 Al arel and Accessories 3 2 2 1 1 M kery Products (wholesale) 2 2 2 1 1 Bc vera a Industry(*) 2 2 2 1 1 C nnin , Preserving and Packaging Fruits, Vegetables, & Other Foods ; I 1 Cc ment and Concrete Plants 3 1 C emicals (Industrial, Agricultural, Wood, etc.) 3 1 Concrete, Gypsum and Plaster Products I 1 Confectionery and Related Products (wholesale) 1 1 2 1 1 Ct tlery, Hand Tools and General Hardware 1 1 1 Du s 1 1 1 El ctrical Transmission and Distribution Equipment 1 2 3 1 1 EI ctronic Components and Accessories and Product Assembly 1 2 2 1 1 Er A gineering, Medical, Optical, Dental, Scientific Instruments and Product sembl 1 2 1 1 Fabricated Structural Metal Products 2 3 3 1 l F od Processing 2 3 1 1 F rniture 2 3 2 1 I G ss, Potte , and Related Products and Assembly 2 2 2 1 l T ble 4 -1 SR RI R2 R3 B1 B2 HB SCC LC A S GC CBI RD M1 M2 Gain Mill Products 3 1 i Hdating Apparatus Wood Stoves I 1 Lather Products I l I Lather Tanning and Finishing1 1 M ichinery and Equipment _. l M,-at, Poultry and Dairy Products 1 1 Paints, Varnishes, Lacquers, Enamels and Allied Products 3 1 P erboard Containers and Boxes 1 3 1 1 PI stic Products and Assembly I ? 1 1 Pr fabricated Structural Wood Products and Containers 1 1 1 Printing, Publishing and Binding 1 3 2 1 l Pr nting Trade (Service Industries) 2 2 1 1 2 1 Rc cycling Processing Center * 3 1 Rc ndering Plants, Slaughter Houses 3 Rt bber Products 2 l Si n Manufacturing and Product Assembly ( *) ) I 1 S mills and Planing Mills 2 1 SI eet Metal and Welding Shops 2 I 1 Stone Products (includes finishing of monuments for retail sale) 2 2 3 1 1 Transportation E ui ment, Including Trailers and Campers 1 1 W odworkin : Cabinets, Shelves, etc. 2 1 1 M TIREATMENT NING/REFINING /OFF -SITE HAZARDOUS WASTE A halt Paving and Roofing Materials, Rock Crushing 3 3 1 M ning Including Sand and Gravel Pits * 3 3 Stockpiling of Earthen Materials( *) 2 2 2 1 1 1 Off-Site Hazardous Waste Treatment and Storage Facilities( *) 3 3 SH)ENTIAL A cessory Uses ( *) See YMC 15.04.060 tached Single-Family Dwelling( *) 1 1 1 ! 3 3 1 T ble 4 -1 SR R1 R2 R3 B1 B2 RB SCC LC A S GC CBJ RD M1 M2 A cessory Dwelling Unit ( *) (See YMC 15.09.045) 3 3 2 E 8,000 isting or New Detached Single - Family Dwelling on Existing Lots of square feet or less l 1 Detached Single-Family Dwelling (zero lot line) ( *) (See YMC 15.09.040) 2 2 2 2 3 3 i 3 3 3 3 Attached Single- Family Dwelling, Common Wall ( *) 2 2 1 1 3 3 1 32 — 32 — 3 2 3 ? Two-Family Dwelling (Duplex) ( *) 3 3 1 1 1 32 — 32 — 3 2 2 Converted Dwelling ( *) 3 2 3 2 2 2 2 2 2 2 2 2 l M lti -Famil Dwelling 0 -7 DU/NRA 2 1 2 2 2 2 2 2 2 8 -12 DU/NRA 2 1 2 2 2 2 2 2 2 13+ DU/NRA 3 1 2 2 2 2 ? 2 2 fixed Use Building 1 1 I 1 1 I 1 PI inned Development ( *) °-'ee YMC 15.28 M bile Home Parks ( *) 3 2 2 M Dbile Home ( *) or Manufactured Homes ( *) See YMC 15.04.160 R tirement Homes (* ) 1 3 1 1 3 1 1 T m orary Hardship Units (See YMC 15.04.140) 2 2 ? 2 2 2 2 2 2 2 TAIL TRADE, AND SERVICE A dressin , Mailing, and Stenographic Services 1 1 2 1 1 1 1 A ult Business Uses See YMC 15.09.200 Ai imal Clinic/Hospital/Veterinarian (* 3 2 2 2 1 2 1 1 1 Ai ti ue Stores 2 2 2 1 1 1 1 Ai list's Supplies 1 1 I 1 1 1 1 i A Lction House for Goods ( *) 3 32 32 32 3 1 3 1 2 2 1 2 1 Action House for Livestock ( *) > 3 i Table 4 -1 SR RI R2 R3 B1 B2 HB SCd LC A S G RD M1 M2 Automotive Automobile Dealer New and Used Sales 2 2 1 3 1 1 Weekend Automobile and Recreational Vehicle (RV) Sales I 1 I Automotive: Car Wash / Detailing -21 1 1 1 1 2 Parking Lots and Garages 1 1 I 1 1 1 1 1 Maintenance and Repair Shops 2 1 1 2 1 2 1 2 Paint and Body Repair Shops 2 32 1 1 1 2 Parts and Accessories (tires, batteries, etc.) 2 21 1 I l 2 2 Towing Services 1 3 1 1 Wrecking and Dismantling Yard ( *) & Hulk Haulers ( *) 3 1 BE it Bonds 1 l 1 BE kern 2 1 1 1 1 1 1 1 1 Bc auty and Barber Shops 2 1 2 1 1 1 1 1 1 2 Bc d and Breakfast Inn ( *) 2 2 2 2 2 1 Bats and Marine Accessories 2 1 2 1 1 1 1 Books, Stationery, Office Supplies 2 1 1 1 1 1 1 1 2 Butcher Shop I I I 1 2 1 Q mera Store 2 1 2 1 1 1 1 1 l Candy Store 2 1 2 1 1 1 1 1 1 Cipthing and Accessories 2 1 2 1 1 1 1 1 C in and Stamp Shop 2 1 2 1 1 1 1 1 Commercial Services ( *) 3 1 2 1 1 1 1 1 Communication Towers (* See YMC 15.04.180 Computer and Electronic Stores ! 2 1 1 1 1 1 C nvenience Store - Closed 10:00 p.m. to 6:00 a.m. 21 2 1 1 1 1 i 21 Convenience Store - Open 10:00 p.m. to 6:00 a.m. 32 2 ? I 1 2 1 Delicatessen ( *) 1 2 1 1 1 1 1 1 Department, Discount, Variety Stores (25,000 sq ft or less) 2 2 1 1 1 1 i Do artment, Discount, Variety Stores (25,001 sq ft or more) 3 3 1 1 1 1 Table 4 -1 SR Rl R2 R3 Bl B2 HB SCC LC A S GC CBI RD M1 M2 Pet Daycare / Animal Training _. 1 1 1 2 1 1 2 Diug Stores * (optical goods, orthopedic supplies) 2 1 2 1 1 1 1 1 1 E resso / Coffee Drive -Thru ( *) 3 � 2 2 2 1 2 1 2 2 3 E resso / Coffee Stand F ric Store 1 2 1 1 1 1 1 1 F m and Implements, Tools and Heavy Construction Equipment I 1 > 1 1 F Supplies 2 2 1 1 2 1 Fi ancial Institutions 1 1 1 1 1 I 1 I Fl rist 2 1 1 1 1 l 1 1 1 1 F od Store, Specialty 1 2 1 ? I 1 1 I FL el Oil and Coal Distributors 1 2 1 FL rniture, Home Furnishings, Appliances 1 1 i 1 1 1 1 Gt neral Hardware, Garden Equipment, & Supplies 2 1 21 1 1 1 1 1 1 3 -3 + ) Gift Shop ( *) 2 1 2 1 1 1 1 1 1 1 G ocery Store (larger than 6,000 s. ft.) 3 2 1 1 2 1 Heating and Plumbing and Electrical Equipment Stores 2 2 1 1 1 1 Hdavy Equipment Storage, Maintenance & Repair 1 Jerelry, Watches, Silverware Sales and Repair 1 2 1 1 1 1 K nnels ( *) 2 -' Le undries, Laundromats and Dry Cleaning Plants 1 2 2 1 1 1 1 2 1 Li luor Stores ? 2 1 1 1 1 Lt mber Yards 2 1 1 M issage Thera / Spa 1 I 1 1 I I 1 1 M tels and Hotels 2 1 1 1 1 M torc cles Sales/Repair (including maintenance) ' l 1 1 3 M isic Stores 2 2 1 1 1 1 Night Clubs /Dance Establishments 2 1 1 1 Tg ble 4-1 SR RI R2 R3 B1 B2 HB SCC LC A S GC CB RD M1 M2 Nursery ( *) 3 1 1 1 1 1 1 l 01 fice Call Center 2 2 31 31 2 1 1 2 Contractor Building and Trade (Plumbing, Heating, Electrical, Painting) 1 21 21 21 2 1 2 1 Government 2 32 2 2 l 1 1 2 Professional (Architects, Attorneys, Engineers, Surveyors) 3 1 1 32 1 1 1 1 1 1 3 1 Medical and Dental Laboratory, Offices and Clinic 3 1 1 2 1 1 1 1 1 1 ervice Agencies (Advertising, Employment, Insurance, Real Estate, 1 I ? 1 1 1 1 1 1 door Advertising (Billboards) See YMC 15.08.130 t Glass and Wall a er Stores 2 2 l 1 1 1 1 j n Broker 2 1 1 l 2 1 Stores Pet Su lies and Do Groomin) 1 1 1 2 1 1 1 1 tin , Photoco Service 1 1 io /TV Studio 3 2 1 1 1 Rc cycling Drop Off Center * 1 1 1 1 l Rc ntal: Auto, Truck, Trailer, Fleet Leasing Services with Storage 3 2 1 2 2 1 2 3 2 1 Rt ntal: Heavy Equipment (exce t automotive) with Storage 1 1 Rc ntal: Heavy Equipment exce t automotive) without storage 1 2 3 2 Rc pairs: Small Appliances, TVs, Business Machines, Watches, etc. 1 ? 1 1 1 1 2 1 1 Rc pairs: Locksmiths and Gunsmiths I 2 1 1 1 1 2 1 Rc pairs: Reupholstery and Furniture 21 l - 21 — -1 1 1 2 1 1 - 1 Rc pairs: Small Engine and Garden Equipment 2 2 2 1 1 1 2 1 Rc staurant, Cafe and Drive -in Eating Facilities ( *) 1 1 1 I I I 1 I ftl] Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LC A S GC CBI RD M1 M2 Seamstress, Tailor 1 1 1 1 1 1 I 1 2 2 2 2 3 2 St rvice Station ( *) Closed Between 10:00 p.m. and 6:00 a.m. ( *) 2 1 1 1 1 1 1 1 1 Service Station ( *) Open Between 10:00 p.m. and 6:00 a.m. ( *) 3 2 2 1 1 2 1 2 Sl oe Repair and Shoe Shine Shops 1 2 1 1 1 1 1 1 2 Sf ooting Ranges (Indoor) 3 3 3 3 1 Sips, printed, painted or carved 2 2 1 1 2 1 1 Srorting Goods, Bicycle Shops 1 2 1 1 1 1 1 I 2 To verns * and Bars, Panee hstabliAmfieiifs 31 2 21 1 1 1 1 1 l T clinical Equipment Sales ( *) 1 2 1 1 1 1 1 1 T and Hobby Store 1 2 1 1 1 1 1 1 TtVck Service Stations and Shops 3 2 1 1 Tr ick (Large), Manufactured Home & Travel Trailer Sales 1 3 1 VI Jeo Sales /Rental 1 J 1 2 ste Material Processing and Junk Handling 3 i TI tANSPORTATION B s Terminals I I l 1 1 Bi s Storage and Maintenance Facilities 1 1 Tr importation Brokerage ( *) Offices, with Truck Parking 2 1 1 C ntract Truck Hauling, Rental of Trucks with Drivers I I 1 A 1 r, Rail, Truck Terminals (for short-term storage, office, etc.) 2 1 1 R ilroad Switch Yards, Maintenance and Repair Facilities, etc. I 1 To xicab Terminals, Maintenance and Dispatching Centers, etc. 1 A' port Landing-Field Ai ,port Operations ( *) U ILITIES Pc wer Generating Facilities 3 2 1 Utility Services (substations, etc.) 3 1 1 WHOLESALE TRADE - STORAGE Warehouses (*) I 1 1 T ble 4 -1 SR R1 R2 R3 B1 B2 HB SCC LC A S GC CBI RD M1 M2 W olesale Trade *) 2 1 1 2 1 1 1 Storage Facilities, Bulk ( *) 1 2 1 St rage Facilities Commercial ( *) 3 1 2 3 1 1 R sidential Mini-Storage 3 1 1 2 1 3 1 1 1 1 *Reters to definition in YMC Ch. 15.02 � = Not Pennitted 1 = Class (1) Permitted Use 2 = Class (2) Requires an Administrative Review by the Administrative Official 3 = Class (3) Requires a Public Hearing by the Hearing Examiner 12 Section 3. Section 15.08.030 of the City of Yakima Municipal Code is hereby amended to read as follows 15.08.030 — Development Permit Required No sign governed by Title 15 shall be erected, structurally altered or relocated after the adoption without first receiving a development permit from the building official. 1. For New Uses. All on- premises signs meeting the standards of this chapter are considered Class (1) Uses requiring Type (1 ) Review.aeeessem uses and shall >, I subjeet to the same pr-eeedur-al and o 0 0 en4s the prineipal On- premise signs not meeting the standards shall follow the procedures of YMC 15.08.170, and are otherwise not permitted. Off - premises signs and billboards are permitted as sheym identified in YMC 15.08.130. 2. For Changes or Replacement of an Existing Sign. Structural changes to, or replacement of, an existing sign requires Type (1) review and approval by the building official. Section 4. Section 15.08.070 of the City of Yakima Municipal Code is hereby amended to read as follows 15.08.070 — General Provisions All signs shall comply with the following provisions: A. Construction shall satisfy the requirements of the Building Code; B. Except for exempt signs, all signs shall be permanently attached to a building or the ground; C. Signs attached to a building shall not exceed the height of the building, except under the provisions of YMC 15.08.080(1) and YMC 15.08.090; D. All signs shall comply with the setback requirements in Table 8 -3, except when the side or rear yard is a street frontage, then the front setback shall apply; E. Lighting directed on or internal to any sign shall be shaded, screened, or directed so that the light's intensity or brightness shall not adversely affect neighboring property or motor vehicle safety; F. All signs together with their supports, braces, and guys shall be maintained in a safe and secure manner; G. The ratio of the area of the sign support, framing structure, and /or other decorative features which contain no written or advertising copy, to the sign cabinet shall not be greater than 1:1; H. A clearview triangle shall be maintained at all driveways and curb cuts for vision safety purposes. (See YMC 15.05.040); I. No freestanding signs shall be placed in the clearview triangle established in YMC 15.05.040; and, J. Any exterior lighting must be shielded and directed away from adjoining streets or residential uses. 13 Table 8 -1 Type And Number Of Signs Permitted SI N TYPE ISR ZONING DISTRICTS IRI JR2 R3 B 1 HB B2 ISCCILCCICBDIGCIASIRDIMIM2 PERMITTED SIGNS On Premises Signs Nameplate Permitted as an accessory use to an approved or existing use Subdivision Identification/Project Identification Roof /Portable Signs Not Permitted Class (1) Use Freestanding' Subdivision/Proj. I.D. Only On-premises signs meeting the standards of this cha ter are considered Class 1 Uses requiring Projecting Not Permitted Type 1 Review. On-premise signs not meeting the standards of this chapter shall follow the procedures of YMC 15.08.170 and are otherwise not permitted, Afe Subjeet to the came Reviews Freeway See YMC 15.08.150 Off Premises Si ns Directional Not Permitted Class of Class (2) Use Class (2) Permitted (1) use Use Advertising Billboards �MBER OF SIGNS PERMITTED Oil Nameplate 1 per dwelling Pr Si mises ns Subdivision Identification /Use Identification 1 peer street frontage 1 per street frontage Freestanding Projecting Not Permitted Wall /Roof/ Portable Signs Wall: YMC 15.08.100/Roof. YMC 15.08.090/ Temporary: YMC 15.08.110 Freeway Freeway: See YMC 15.08.150 O Directional Directional: See YMC 15.08.120(b) Pr Si mises ns Advertising of Permitted 1 Sign Per Parcel (Also YMC 15.08.130 Billboards NOTES: 1. YMC 15.08.140 has freestanding sign provisions for multiple building complexes and multiple tenant buildings. 2. Nameplates and subdivision identification signs permitted in the Residential Districts may be placed on a wall —See Table 8 -2. 14 Section 5. Section 15.08.170 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.08.170 — Administrative Adjustment Of Sign Standards Allowed A. Comprehensive Design Plan. A comprehensive design plan is required whenever adjustment of one or more of the sign design standards of this Chapter is proposed or when required as part of a detailed sign plan. The comprehensive design plan shall include a narrative and site plan, including, but not limited to the following: 1. Site Plan which includes Tthe physical components of the sign including sign size, height, shape, color, location and associated landscaping; 2. A description of how the sign relates to the immediate surroundings, including existing and proposed structures, other signs, neighboring land uses and the character of the zoning district; 3. A explanation of why the existing sign standards are not adequate and require adjustment, and, 34. For multiple tenant buildings and multiple building complexes a description of how the available sign area will be allocated between tenants or leasable spaces. B. Review Procedures. The Administrative Official shall review the comprehensive design plan in accordance with the provisions of YMC Ch. 15.10 and may either approve or disapprove the plan. The Administrative Official shall approve the comprehensive design plan and/or adjustments in the standards of this Chapter when he finds that such approval would be consistent with the character of the zoning district, compatible with neighboring land uses, and create visual harmony between the sign, structure, and the site where it is located. The Administrative Official may also attach conditions to this approval in order to accomplish the objectives of this section and YMC 15.10.030. Section 6. Section 15.10.020 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.10.020 — Administrative Adjustment Of Some Development Standards Authorized The purpose of this section is to provide flexibility by allowing certain development standards in YMC Ch. 15.05 - 15.08 to be administratively adjusted. A particular standard may be reduced or modified, so long as, the Administrative Official determines that the adjustment and/or reduction is consistent with the purpose, the intent and purpose of the standards, and will accomplish one or more of the following objectives: A. Allow buildings to be sited in a manner, which maximizes solar access; B. Allow zero lot line or common wall construction in conformance with the provisions; C. Coordinate development with adjacent land uses and the physical features; D. Permit flexibility in the design and placement of structures and other site improvements that is the minimum adjustment necessary to accommodate the proposed structure or site improvement; or, 15 E. Allow development consistent with a specific sub -area plan adopted by the appropriate jurisdiction. Administrative adjustments of development standards shall be processed under the provisions for modifications as contained in YMC Ch. 15.17 for Class (1), and Class (2) uses„ o ept f development within ., l; nt to residential zoning dirt „+s• and under or- Type (3) review for Class (3) uses. Type (3) rvvi , . ad to balanee this flexibik4y and al . elf of individual ., .Y1 ber-1 A-dio_,1rr sthe eemmtmity. The Administrative Official shall not have the authority to reduce the site design requirements for minimum lot size, building height, or subdivision requirements set forth in YMC 15.05.030 and Table 5 -2, or YMC 15.05.060. Section 7. The index of Chapter 15.20 of the City of Yakima Municipal Code is hereby amended to read as follows: CHAPTER 15.20 – ADMINISTRATION Sections: 15.20.010 Purpose 15.20.020 Administrative Official's— Duties And Powers 15.20.030 Planning Department— Duties And Powers 15.20.040 Hearing Examiner — Duties And Powers 15.20.050 Regional Plan-n-ii.nglity of Yakima Planning Commission 15.20.060 Legislative Body 15.20.070 No Personal Liability For Acts Or Omissions 15.20.080 Coordination With County /City 15.20.090 Entrance Onto Private Property 15.20.100 Statement Of Zoning District By City Or County Officials/Reliance Limited 15.20.110 Computation Of Time Section 8. Section 15.20.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.20.030 Planning Department -- Duties and powers. A. The planning department shall have the following powers and responsibilities: 1. Issue certificates of zoning review under the provisions of this title; 2. Receive, record and file all applications for permits, approvals or other action, including class (2) and (3) review, and applications for appeals, interpretations, variances and rezones; 3. Review and decide modifications to approved class (2) and (3) uses and existing class (1), (2) and (3) uses under the provisions of Chapter 15.17; 4. Provide staff support to the City of Yakima Planning Commission on all long range planning matters, proposed ordinance amendments, and Rezone applications; 16 5. Immediately change the official zoning map to accurately reflect any amendments made by official action of the legislative body; 6. Provide staff support to the hearing examiner, City of Yakima Planning Commission, and legislative body; 7. Perform any other act or duty authorized or assigned to it under the provisions of this title; 8. Maintain the official index of all permits and approvals under this title. Section 9. Section 15.20.040 of the City of Yakima Municipal Code is hereby amended to read as follows 15.20.040 — Hearing Examiner — Duties and Powers A. Office. The office of the Hearing Examiner, herein referred to as Hearing Examiner, is hereby recognized. The Hearing Examiner shall perform the duties and functions established by this or any other title. Unless the context requires otherwise, the term Hearing Examiner as used herein shall include Deputy Examiners and Examiners Pro -Tem. The hearing examiner shall be jointly hired and appointed by the City of Yakima and Yakima County. B. Authorities and Duties. The Examiner shall receive and examine available information, conduct public hearings and keep a record thereof, and enter decisions as provided for herein. C. Effect of Decisions. 1. The decision of the hearing examiner on the following matters shall be final unless such decision is appealed to the legislative body pursuant to YMC 15.16.040: a. Type (3) review decisions; b. Variance requests; c. Home occupations; d. Revocation proceedings under YMC Ch. 15.24; e. Nonconforming uses; f. Appeals of decision by the Building Official or Administrative Official; and, g. Any other authorized decision not expressly listed in subsection (C )()-(2) of this section. 2. The decision of the Hearing Examiner on rezone applications shall constitute a recommendation to the legislative body. Provided, that rezone applications initiated by the City or County to implement a newly adopted or amended Comprehensive Plan, or which are of broad general applicability, shall be heard by the Regional -City of Yakima Planning Commission. Section 10. Section 15.20.050 of the City of Yakima Municipal Code is hereby amended to read as follows 15.20.050 City of Yakima Planning Commission. A. Establishment and Jurisdiction. The City Planning Commission is organized under RCW Chapter 35.63 and serves as a citizen advisory group to the legislative bodies on long range planning matters. 17 B. Authority and Duties. 1. As the long -range planning body for the City of Yakima, the City Planning Commission shall monitor the growth and development of the City of Yakima and continually reevaluate and recommend revisions to the City of Yakima comprehensive plan and this title; 2. Investigate and make recommendations on other land use matters either requested by the elected officials or upon its own initiative; 3. Study and report on all proposed text amendments to this title; 4. Review and report to the joint board at least once every five years commencing on the date of enactment of this title. This five year report shall: a. Analyze the extent to which development has actually occurred in the City of Yakima and evaluate this title in terms of its ability to guide growth in conformance with the City of Yakima comprehensive plan, b. Recommend any changes in the zoning map which may be required in order to accommodate expected residential, commercial and industrial development in the Yakima urban area over the next 20 years, c. Analyze the need for any other regulations imposed by this title in terms of changed conditions since the last review, 5. Advise the legislative body on land use matters, 6. Monitor the hearings of the hearing examiner in order to stay informed on development activities, the concerns of the public, and the decisions of the hearing examiner, and 7. Perform any other function authorized by law. Section 11. Section 15.23.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.23.030 Rezones -- Zoning map amendments. A. Initiation. An amendment to the zoning map may be initiated by: 1. Resolution of the legislative body with jurisdiction or the City of Yakima Planning eemmissionCommission; or, 2. A rezone application filed by the property owner(s). B. Application. All rezone applications shall be filed with the planning department. The planning department shall process the application under the provisions of Section 15.11.080. The application shall include the information required in Section 15.11.030 and the signature of the owner(s) of the property. C. Public Hearing by the Hearing Examiner or City of Yakima Planning Commission. Upon receipt of a complete application for a rezone, the planning department shall forward the application to the hearing examiner or City of Yakima Planning Commission for public hearing and review. Provided, that rezone applications initiated by the city or county to implement a newly adopted or amended comprehensive plan, or which are of broad general applicability shall be heard by the regional p! i _ City of Yakima Planning Commission under the provisions of RCW Chapter 36.70. The public hearing shall be held and notice provided under the provisions of Chapter 15.11.090. The applicant shall appear in person or by agent or attorney. Failure to do so shall constitute sufficient cause for 18 continuance or denial of the requested action. Other parties may appear in person or by agent or attorney, or may submit written comments. D. Reeom-m-e-n-do-tion- by the City of Voldma Planning Commission. The City e ki..,,, Dl.,.., ing y if r-equested-by-the hearifIg exami °�� of his deeision. The r-eeemmeadation of the City of Yakima P! ee—miss . O.B. shall in ne way be binding on the h --a—men 1JD. Heeision-Recommendation by the Hearing Examiner or City of Yakima Planning Commission. Within ten days of the conclusion of the hearing, unless a longer period is agreed to in writing by the applicant, the Hearing Examinereiner or City of Yakima Planning Commission shall issue a written recommendation to approve, approve with conditions or deny the proposed rezone. The recommendation shall include the following considerations: 1. The testimony at the public hearing; 2. The suitability of the property in question for uses permitted under the proposed zoning; 3. The recommendation from interested agencies and departments; 4. The extent to which the proposed amendments are in compliance with and /or deviate from the goals and policies as adopted in the Yakima urban area comprehensive plan and the intent of this title; 5. The adequacy of public facilities, such as roads, sewer, water and other required public services; 6. The compatibility of the proposed zone change and associated uses with neighboring land uses; and, 7. The public need for the proposed change. Notice of the hearing examiner's or the City of Yakima Planning Commission's recommendation shall be mailed to the applicant at the address provided on the application form. The decision of the hearing examiner or the City of Yakima Planning Commission on rezone applications shall constitute a recommendation to the legislative body. EE. Action by the Legislative Body. Upon receipt of the hearing examiner's or the City of Yakima Planning Commission's recommendation on a proposed rezone, the legislative body shall hold a public meeting and affirm or reject the hearing examiner's or the City of Yakima Planning Commission's decision. The legislative body shall conduct its own public hearing when it rejects the recommendation of the hearing examiner, the City of Yakima Planning_ Commission, or - -eT-desires additional public testimony. Notice of the public hearing shall be given in he manner set forth in Section 15.11.090. In either case, the findings of the legislative body shall include the considerations established in subsection (E) of this section. GF. Time Limit and Notification. Proposed amendments shall be decided by the legislative body as soon as practicable and the applicant shall be notified in writing whether the rezone has been granted or denied. Section 12. Section 15.12.050 of the City of Yakima Municipal Code is hereby amended to read as follows: 19 15.12.050 Final site plans. A. Final Site Plan Required. A Final Site Plan shall be submitted with all Type 1 Review applications, and shall be required as a condition of approval for all Type 2 and 3 Review applications. shall provide to the depai4 ent a final plan. The final site plan shall include the items shown on the original site plan and the additions and modifications required by the administrative official. B. Final Site Plans —Form and Content. All final site plans shall be drawn to scale and be legibly drawn, prepared, or printed by a process guaranteeing a permanent record in black on paper, or equivalent material as required by the department. Unless the department requests or authorizes a different size or scale, the size and scale of the final site plan shall conform to the requirements of YMC 15.11.040 or 15.11.050 as applicable. Where necessary, the final site plan may be on several sheets accompanied by an index sheet showing the entire site plan. (Ord. 2008 -46 § 1 (part), 2008: Ord. 93 -81 § 47, 1993; Ord. 3019 § 45, 1987; Ord. 2947 § 1 (part), 1986). Section 13. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL signed and approved this day of March, 2011. Micah Cawley, Mayor ATTEST: City Clerk Publication Date: March 18, 2011 Effective Date: April 17, 2011 20 u • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No: 7 For Meeting of March 15, 2011 ITEM TITLE: Closed Record Public Hearing to consider the City of Yakima Planning Commission's recommendation on amendments to the City of Yakima's 2010/2011 Urban Area Zoning Ordinance. SUBMITTED BY: Joan Davenport, Acting Director of Community and Economic Development CONTACT PERSON /TELEPHONE: Jeff Peters, Associate Planner, 575 -6163 SUMMARY EXPLANATION: On February 9, 2011, the City Planning Commission adopted written findings and recommendations concerning City initiated amendments to its Urban Area Zoning Ordinance. These amendments were directed by a City Council Budget Policy issue to reduce public hearings conducted by the Hearing Examiner, and other related stream - lining measures. The following sections are proposed for amendment: Sections 15.02.020, 15.04.030, 15.08.030, 15.08.070, 15.08.170, 15.10.020, 15.20, 15.20.030, 15.20.040, '15.20.050, and 15.23.030. Council is requested to hold a closed record public hearing to consider the Yakima Planning Commission's recommendations regarding these City initiated amendments to its Urban Area Zoning Ordinance. Resolution Ordinance X Other YPC Findinqs, Public Comments, and SEPA Review Contract Mail to (name and address): Phone: Funding Source: N/A APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Hold the closed record public hearing, and adopt the amendments to the Urban Area Zoning Ordinance, YMC Title 15. BOARD /COMMISSION RECOMMENDATION: The City of Yakima Planning Commission recommended approval of the proposed amendments on February 9, 2011. COUNCIL ACTION: CITY OF YAKIMA PLANNING COMMISSION FINDINGS. OF FACT, PROPOSED AMENDMENT, REVIEW RATIONALE, CONCLUSION AND REASON FOR ACTION; AND RECOMMENDATION AND ACTION TAKEN: City of Yakima 2010/11 Urban Area Zoning Ordinance Amendments February 9, 2011 WHEREAS, the City of Yakima, hereafter referred to as the "City" pursuant to RCW 36.70A.040 is required to plan under the provisions of the Growth Management Act; and WHEREAS, pursuant to RCW 36.70A.130(1). the City is required to take legislative action to review and revise its comprehensive plan and development regulations in accordance with the Growth Management Act; and WHEREAS, pursuant to RCW 36.70A.020, goals are set forth to guide the development and adoption of comprehensive plans and adoption of development regulations; and WHEREAS, On April 6, 2010, the City of Yakima adopted by ordinance 2010 -16 ® updating the Yakima Urban Area Zoning Ordinance; and .WHEREAS, prior to December 7, 2010, the City of Yakima Planning Division reviewed the text and tables of its 2025 Comprehensive Plan; and 2010 Urban Area Zoning Ordinance and identified the need to update certain sections of the Urban Area Zoning Ordinance; and WHEREAS, On January 18, 2011, the City submitted a Zoning Ordinance amendment application and State Environmental Policy Act (SEPA) Checklist, and WHEREAS, . pursuant to RCW 36.70A, and YMC 15.23.020, the City of Yakima Planning Commission, hereafter referred to as the "Commission," is authorized to make a recommendation to the Yakima City Council, hereafter referred to as the "Council" for their review, consideration, and adoption of development regulation amendments; and WHEREAS, pursuant to City Ordinance #2004 -14 and RCW 36.70A.130 (2) the City of Yakima followed its adopted public participation program, which included the following: Findings of Fact by the City of Yakima Planning Commission regarding City of Yakima 2010/11 Zoning Ordinance Amendments 1 • L Twenty days of public comment starting January 18, 2011 and ending on February 8, 2011; 2. Posting on the City of Yakima's web site of the draft zoning amendments on January 18, 2011; and 3. Published notice in a local newspaper of general circulation, issued a press release to local media, and posted notices at the Planning Division and City Clerk's offices on January 18, 2011; and WHEREAS, pursuant to RCW 36.70A.106 notice of all amendments to the City's development regulations were sent to the Washington State Department of Commerce at least sixty days prior to the amendments being considered for adoption; and WHEREAS, On December 8, 2010, and January 12, 2011, the City of Yakima Planning Commission held two study sessions to review the proposed zoning amendments; and WHEREAS, pursuant to the State Environmental Policy Act (SEPA) WAC 197 -11 and YMC 6.88, and prior to the Commission's hearing, the City issued a Final Determination of Non - significance (DNS) on the proposed zoning ordinance amendments on February 8, 2011. WHEREAS, A public hearing notice regarding these proposed amendments was published in a local newspaper of record on January 18, 2011, and 9 WHEREAS, said hearing occurred on February 9, 2011, where all persons desiring to comment on the proposed amendments were given a full and complete opportunity to be heard; and WHEREAS, the Commission following public comment and deliberation reviewed and revised staff's recommended amendments; and those proposed revisions were approved by staff; and THEREFORE, the Commission is now satisfied that these proposed amendments to the Yakima Urban Area Zoning Ordinance have been sufficiently considered, and hereby makes and enters the following: . I. PROPOSED AMENDMENT, REVIEW RATIONALE, AND FINDINGS OF FACT Amendment to City of Yakima Urban Area Zoning Ordinance Findings of Fact by the City of Yakima Planning Commission regarding City of Yakima 2010/11 Zoning Ordinance Amendments 2 iPROPOSED AMENDMENT: 1. Sections 15.20.020, Definitions are proposed to be amended to include a new definition, and land use category for "Recycling Drop Off Center ", and "Recycling Processing Center ". 2. Section 15.04.030, Table 4 -1 as proposed identifies various minor non - controversial Class (3) land uses (identified in 2.a. below) and reduces the level of review in certain zoning districts to Class .(2) land uses. In addition, the land uses identified in 2.b. below are proposed to be reduced to Class (1) permitted land uses; a. Exercise Facilities, Parks, Roller Skating or Ice Skating Rink, Sports Facility (Indoor), Churches, Synagogues, & Temples, Community Center, Meeting Halls, Fraternal Organizations, Daycare Center, Accessory Dwelling Unit, Attached Single- Family Dwelling Common Wall, Mobile Home Parks, Two - Family Dwelling (Duplex), Auction House for Goods, Auction House for Livestock, Automobile Dealer New and Used Sales, Paint and Body Repair Shops, Espresso /Coffee Drive -Thru, General Hardware, Garden Equipment, & Supplies, Kennels, Nursery, Office Call Center, Office Professional, Office Government, Radio /TV Studio, and Rental : Auto, Truck, Trailer, Fleet Leasing ® Services with Storage (Note: List not all inclusive. Please refer to draft ordinance./or list of complete changes). b. Recycling Processing Center, Auction House for Goods, Automotive: Car Wash/Detailing, Automotive: Parts and Accessories, Convenience Store Closed 10:00 p.m. to 6:00 a.m., Espresso Drive -Thru, General Hardware, Garden Equipment & Supplies, Night Clubs /Dance Establishments, Office: Call Center, Office: Contractor Building and Trade, Repairs: Reupholstery and Furniture, and Taverns and Bars (Note: List not all inclusive. Please refer to draft ordinance for list of complete changes). 3. Section 15.08.030 and 15.08.070 Table 8 -1 are proposed to be amended to allow all new on- premise signs that meet the standards of the Sign Chapter 15.08 to be considered Class (1) permitted uses requiring Type (1) Review, and on- premise signs not meeting the standards of Chapter 15.08 to continue to follow the procedures of YMC 15.08.170, and are otherwise not permitted. Findings of Fact by the City of Yakima Planning Commission regarding City of Yakima 2010/11 Zoning Ordinance Amendments 3 4. Section 15.08.170 is proposed to be amended to include two new criteria for adjustment of sign standards: 1) The criteria to have a site plan showing the physical components of the sign including sign size, height, shape, color, location and associated landscaping, and .2) An explanation of why the existing sign standards are not adequate and require adjustment. 5. Section 15.10.020 is proposed to be amended to add criteria under section D that the adjustment submitted is the minimum adjustment necessary to accommodate the proposed structure or site improvement, and redundant unnecessary language was removed regarding the processing of modifications. 6. Sections 15.20, 15.20.030, 15.20.040, 15.20.050, and 15.23.030 are procedural amendments specifically requested by the Yakima City Council to provide the ability for the Yakima Planning Commission to hear certain zoning applications. REVIEW RATIONALE: The City's Urban Area Zoning Ordinance last major update occurred on April 6, 2010, Ord. 2010 -16. Since that time due to increased budget constraints, both state and locally, the City of Yakima Planning Department has had to examine its operational processes; more specifically the permitting process within the Zoning Ordinance, the levels of review for certain permitted land uses within section 15.04.030 Table of Permitted Land Uses (Table 4 -1), and the areas of the Zoning Ordinance which authorize the City's Planning Commission and Hearing Examiner to hear rezone requests (15.08.030, 15.08.070, 15.08.170, 15.10.020, 15.20, 15.20.030, 15.20.040, 15.20:050, and 15.23.030). Following review of the above portions of the Urban Area Zoning Ordinance, the Planning Department identified that in order to meet the current and future budget constraints the following changes would need to be accomplished: 1) The number of minor Class 3 uses in Table 4 -1 need to be reduced to correspondingly reduce the number of public hearings; 2) the City's Planning Commission would need to be authorized to hear Rezones, Plats, and other land use recommendations to the Yakima City Council in lieu of the Urban Area Hearing Examiner, and 3) the permitting process for various land use application types would need to be updated /streamlined removing out of dated redundant procedures or steps. The above mentioned concepts were approved as a budget policy issue by the Yakima City Council on December 7, 2010, thereby directing staff to prepare appropriate ordinances to amend the City's Zoning Ordinance. Findings of Fact by the City of Yakima Planning Commission regarding City of Yakima 2010/11 Zoning Ordinance Amendments 4 ® During the Planning Commission's February 9, 2011, hearing on the proposed zoning amendments, the commission held a general discussion on the proposed amendments, and took public testimony. The public testimony consisted of a letter dated January 29, 2011, from a citizen Michael Noble, and an email from a local planning consultant Torn Durant dated February 9, 2011. The two letters expressed concern over the levels of permitted lands uses for Night Clubs /Dance Establishments, Bars and Taverns, Commercial Services; and Second Hand Stores. The Planning Commission considered the written comments submitted by both men and concluded that based upon the comments of Mr. Durant that the definition in Chapter 15.02 of the Yakima Municipal Code for Second Hand Stores should be removed. FINDINGS OF FACT 1. The Commission held two study sessions on December 8, 2010; and January 12, 2011, regarding the draft ordinance and suggested various changes to the draft ordinance which were incorporated prior to the required public hearing on February 9, 2011. 2. The Commission held the required public hearing on the above specified date and approved the proposed amendments subject to the removal of the definition of "Second Hand Store" from Chapter 15.02 of the Yakima Municipal Code, as identified in the - minutes of the February 9, 2011, public hearing. II. CONCLUSIONS Having made the Findings set forth above, the Commission now makes the following conclusions: 1. Environmental review of the requested amendments was done according to the provisions and procedures of the State Environmental Policy Act (SEPA) WAC 197 -11 and YMC 6.88. A Determination of Non- Significance (DNS) Tor the proposed amendments was issued on February 8, 2011. 2. The proposed changes to the City's Urban Area are consistent with the requirements of the Growth Management Act (GMA), Ch. 36.70A RCW. 3. The City followed the procedural requirements of the GMA to notify and advertise the proposed amendments to the City's Urban Area Zoning Ordinance Findings of Fact by the City of Yakima Planning Commission regarding City of Yakima 2010/11 Zoning Ordinance Amendments 5 to the public and to interested agencies, and all oral and written comments received during all respective processes have been considered. III. RECOMMENDATION It is for the above reasons that the Commission recommends that Council adopt the City of Yakima's 2010/11 Amendments to the City's Yakima Urban Area Zoning Ordinance with a revision date of February 9, 2011. Motion Based upon the findings and conclusions outlined above, it was moved and seconded that the City of Yakima Planning Commission recommends APPROVAL, of the submitted Zoning Ordinance amendments. The motion was carried by a unanimous vote. Benjamin W. Shoval, Chairman Yakima Planning Commission Date Findings of Fact by the City of Yakima Planning Commission regarding City of Yakima 2010/11 Zoning Ordinance Amendments 6 r -January 29, 2011 FEB 0 1 2011 tJoan Davenport, Planning Manager CITY OF YAKIMA City of Yakima Department of Community & Economic Development PLANNING DIV. 129 North Second Street Yakima, WA 98901 RE Proposed Zoning Ordinance Amendments to the City of Yakima's Urban Area Zoning Ordinance Dear Ms. Davenport, I am in receipt of the invitation for comment regarding UAZO SEPA 4001 -11. While having no environmental comments on this proposal that has no obvious direct SEPA impacts, I did take notice of the public hearing that is to be held on February 91h, 2011. Unfortunately the mid - afternoon timing will likely prohibit . me from attending but I wish to put forth several comments for the record, and hopefully some influence upon this process. As you may recall, I have_ a bit of history with this section.of the Yakima Municipal Code. My tenure as a core member of Neighbors for Responsible Development and Concerned Citizens of Yakima, the two,citizen action groups involved in the Congdon Rezone and the West Valley Wal -Mart, respectively, caused me to become fairly familiar with YMC Chapter 15. I also served on the West Valley Neighborhood Plan Work Group during its developmental phase, furthering my' exposure to land use issues in the Valley. ® I applaud the efforts of the Yakima Planning Dep artment to maximize their fiscal responsibility by "decreasing the City of Yakima's hearing expenses /budget" but would caution any changes to the YMC that would hamper the citizens' ability to impact their living environments, especially in matters as significant and personal as their own homes. The people must be able to actively participate in and influence the processes of their government! My comments are aimed at such, and listed below in reference to the draft ordinance currently posted online. Page-7: YMC 15.04.030 Table of Permitted Land Uses; Grid intersection of "Commercial Services" and "13111. YMC 15.02.020 defines "Commercial Services" as "...such as lawn and garden care and delivery services... ", and it defines "Professional Business" as a business primarily engaged in administrative or service - related functions and dependent upon professional staff such as lawyers, doctors, realtors, travel agents, bankers, accountants, engineers and consultants; or providing administrative governmental services. 15.03.020 states the intent of the Professional Business District B -1 is to "establish and preserve areas for professional offices ". The proposed change from Class 3 to Class 2 use is inconsistent with the intent of the district as defined in 15.03.020. The definition of professional services does not list lawn care services and courier businesses, nor does it even hint or connote such. While this does not absolutely preclude the adjacency of "commercial services" and "professional services ", I believe it does imply that "commercial services" should be "generally not permitted" in B -1, and the burden of proving 16th Avenue are all immediately adjacent to family neighborhoods. These homeowners and parents will want a voice in the location of this type of business in their and their children' [IVEID backyards. Recommendation: Indicate in Table 4 -1 that "Night Clubs/Dance Establishments" are a Class 3 Use in the LCC District. FEB 0 1 2011 Page 9: YUAZO 15.04.030 Table of Permitted Land Uses; Grid intersection of "Tav OF YAKIMA and Bars" and "B -2 / LCC ". %NNING DIV. The amendment proposes making this particular type of business activity a Class 1 Use in the B -2 and LCC Districts, meaning it is permitted outright without a chance for public comment or input. While: for some Uses this Class of Use is not controversial, the adjacency of Yakima's B -2 and LCC zones to family neighborhoods, particularly in west Yakima, makes the location of this business type likely to generate some public opinion. If there is sign of controversy, the Hearing Examiner should at least have a mechanism to provide an avenue for public input, instead of having to deny citizens' right to be heard and possibly impact the process. If there is no controversy, the processs should be straightforward and efficient. Recommendation: Indicate in the Table that "Taverns and Bars" are a Class 2 Use in the B -2 and LCC Districts. Pages 15 -17: 15.20.050 City of Yakima Planning Commission; 15.23.030 Rezones -- Zoning Map Amendments 15.20.050 describes the parameters of the Planning Commission but neglects to list the authority about which it is likely to be most active: performing duties that have to date been assigned to the Hearing Examiner. The description should include the somewhat judicial capacity of conducting hearings, limitations on that authority, and how a determination is made as to whether or not the Planning Commission is designated to conduct a hearing. 15.23.030 should describe in paragraph C how the planning department determines which 0 party it forwards rezone applications to, the Planning Commission or the Hearing Examiner. Recommendation: Complete the description of the Planning Commission and how it interfaces with the City Planning Department. Thank you for the opportunity to provide comment and hopefully a small measure of enhancement to the continually evolving Municipal Code. Please contact me for any items needing clarification or further information. Sincerely, Ck Michael Noble 5609 W Arlington, Yakima, 98908 965 -1840 • Peters, Jeff From: Tom Durant [tdurant @mindspring.com] ®Sent: Wednesday, February 09, 2011 7:28 AM To: Peters, Jeff Subject: Zoning Ordinance Amendments Jeff This follows up our telephone conversation about the .proposed zoning ordinance amendments. This message should be included in the record. As you know, and for the benefit of Planning Commission members, I am a land use professional with over 30 years of experience. My consulting firm represents clients in land use actions in the City of Yakima along with other jurisdictions in this area and throughout Washington State. In general, I agree with the amendments that are being proposed. The changes proposed in Table 4 -1 streamline permitting for land uses that are often compatible with the particular zoning districts and the Class 3 standard that they should generally not be. permitted does not fit those Class 3 uses that are proposed for amendment. The amendments also deal with discrepancies, such as automobile maintenance repair as Class 1 uses in the SCC zone, while automotive parts and accessories are Class 2 uses.. In our discussion, I asked about the elimination of the land use category "second -hand stores" Your explanation was that the issues and impacts of .retail businesses are basically the same whether the merchandise is new or used and therefore the second -hand store category is not needed. It is not the City's intention to prohibit any given category of retail establishments with that amendment. ®I understand your explanation and can agree with it with some clarification. Since there are certain retail establishments that are specifically second -hand stores (or they may go by other names, but primarily sell used goods)you might want to clarify that they are allowed under the other retail categories (clothing and accessories; furniture, home furnishings, appliances; etc.)and not considered to be prohibited due to the absence of that particular category in the Table. I had also suggested deleting the definition of "Second hand store" from Chapter 2 for the same reason, and you should do that if all you do is delete the category from Table 4-1 and nothing else. On the other hand, you could keep the definition and add to it that such land use is permitted under the other retail categories. Thank you for the opportunity to comment Thomas R. Durant, AICP Durant Development Services; Inc. 513 N Front St, Suite Q Yakima, WA 98901 (509) 248 -4156 (509) 249 -2883 Fax • • D P4RTIfl_ (W COMAV NITY ANI) El Y1:hY7MIC I E'LOPI1 EA-1 (1 %icc o f ( ode .1 rfmillis-trratioll & Planning FOR THE 129 'Forth SN-0ndStr'ece, 2nd fluor Yakima, 11'ashington 989011 RECORD /FILE (509)57 5- 126 ur 575 -6,721 - !'ar (5(134) 576- (i57ir Ci0C1�1�'1'l.t'aklal7a. i�'(d.las' NO'T'ICE OF FINAL DECISION Compliance with the Washington State Environmental Policy Act (SEPA) February 8, 2011 On January 18, 2011, the City of Yakima, Washington issued a Notice of Application and Environmental Review regarding an Environmental Checklist application submitted the City of Yakima Planning Department. The submitted checklist concerns the environmental review of proposed zoning amendments to the City of Yakima'.s Urban Area Zoning Ordinance as described in the attached determination. Location: Corporate Boundaries of the City of Yakima . Parcel number(s): N/A City File Number: SEPA #001 -11 • Following the required 20 -day public comment period, and consideration of all comments received, the City of Yakima has issued the enclosed SEPA Threshold Decision. This decision may be appealed within 14 days from the date of mailing. Appeals must be in writing and on forms available from the City of Yakima Planning Division, 129 North 2nd Street, Yakima, Washington. The fee of $580.00 must accompany the Appeal Application. For further information or assistance, you may wish to contact Jeff Peters, Associate Planner at (509)576 -6163 at the City Planning Division. Joa avenport Planning Manager Notice of Decision Mailing Date: February 8, 2011 Enclosures: SEPA Determination, & Mailing Map Yakima A9 krp1� (9ty WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON February 8, 2011 PROPOSAL: The City of Yakima Planning Department is sponsoring the following Zoning Ordinance Amendments to the City of Yakima's Urban Area Zoning Ordinance: Will 1. Amendment of sections 15.02.020, and 15.04.030 Table of Permitted Land Uses to reduce the level of review for minor Class 3 land uses to decrease the City of Yakima's hearing expenses/budget; and . 2. Amendment of sections 15.08.030,• 15.08.070, 15.08.170, 15.10.020, 15.20, 15.20.030, 15.20.040, 15.20.050, and 15.23.030 for the expressed purpose of providing a streamlined permitting process. (See draft ordinance for specific amendments) Proponent: City of Yakima Planning Department, Yakima, WA Location of proposal: Corporate Boundaries of the City of Yakima Lead Agency: City of Yakima File Number: SEPA #001 -11 DETERMINATION: The lead agency for this proposal has determined that the project will not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. The information is available to the public upon request at the City of Yakima Planning Division. This Final DNS is issued under WAC 197 -11 -355. There is no further comment period for this DNS. CONTACT PERSON: Contact Jeff Peters, Associate Planner. Call (509) 576 -6163 for more information. SEPA RESPONSIBLE OFFICIAL: Michael A. Morales POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street,.- .Yakima, WA 98901 SIGNATURE: DATE: February 8, 2011 ® You may apWal this determination to: Joan Davenport, Planning Manager, at 129 N 2" d Street, Yakima, WA 98901. No later than: February 22, 2011 By (rnethod) Complete appeal application form and payment of $580 appeal fee You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. 1 11 DEPARTMEI �F COMMUNITY AND ECONOMIC D--- UOPMENT Planning Division 129 North Second ,Street, 2nd Floor Yakima, Washington 98901 (509) 575 -6183 m Fax (5 09) 575 -6105 www.buildingyakinaa.cona o www. ci. yakima .wa.uslserviceslplanniregl CITY OF YAKIMA NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW, AND PUBLIC HEARING January 18, 2011 NOTICE OF APPLICATION Proponent: City of Yakima Planning Department, Yakima, WA Location of proposal: Corporate Boundaries of the City of Yakima Lead Agency: City of Yakima File Number: SEPA #001 -11 FOR THE RECORD / FILE PROJECT DESCRIPTION The City of Yakima Planning Department is sponsoring the following Zoning Ordinance Amendments to the City of Yakima's Urban Area Zoning Ordinance: 1. Amendment of sections 15.02.020, and 15.04.030 Table of Permitted Land Uses to reduce the level of review for minor Class 3 land uses to decrease the City of Yakima's hearing expenses/budget; and 2. Amendment of sections 15.08.030, 15.08.070, 15.08.170, 15.10.020, 15.20, 15.20.030, • 15.20:040, 15.20.050, and 15.23.030 for the expressed purpose of providing a streamlined permitting process. (See draft ordinance for specific amendments) ENVIRONMENTAL REVIEW_ This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Division of Environmental Planning has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. The City of Yakima is presently inclined towards the issuance of a Determination of Non- Significance (DNS) on this project. WAC 197 -11 -355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed project. Comment due date: February 7, 2011 Existing Environmental Documents: Yakima Urban Area Comprehensive Plan SEPAGMA REQUEST FOR WRITTEN COMMENTS Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. There is a 20 -day comment period for this review. All written comments received by February 7, 2011, will be considered prior to issuing the final threshold determination on this application. Please be sure to reference the applicant's name or file number in your correspondence. (City of ® Yakima Planning Division), UAZO SEPA #001 -11). Yakima AD-Vn 'IIIli 1994 NOTICE OF DECISION A copy of the SEPA threshold determination will be mailed to the parties, agencies, and those who provided public comment after the end of the 20 -day public comment period. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall. If you have any questions on this proposal, please call Jeff Peters, Associate Planner at (509) 575 -6163 or e -mail at jpeters @ci.yakima.wa.us. NOTICE OF PUBLIC HEARING An open record public hearing will be held before the City of Yakima Planning Commission on Wednesday, February 9, 2011, at 3:30 p.m. in the Yakima City Council Chambers, 129 North 2nd Street, Yakima, WA. If you have any concerns regarding this proposal, you can mail your comments to,City of Yakima, Department of Community & Economic Development, Planning Division, 129 North 2nd Street, Yakima, WA 98901. The City of Yakima Planning Commissions recommendation will be forwarded to the Yakima City Council for review at a closed record public hearing. If you have questions on this proposal, call Jeff Peters, Associate Planner at (509) 575 -6163. Please send written comments to: Joan Davenport, Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2 "d Street Yakima, WA 98901 ® Enclosure: SEPA Checklist ED '.011 • IMA IN ❑I 0 LAND USE APPLICATION CITY OF YAKIMA, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENTJAN Y 4 ' 129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98901 CITY OF YA VOICE: (509) 575 -6183 FAX: (509) 575 -6105 PLANNING INSTRUCTIONS -PLEASE READ FIRST Please or print our answers clearly. Answer all questions completely. if you have any questions about this form or the application process, please ask a Planner. Remember to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid. Filing fees are not refundable. This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV - CERTIFICATION are on this page. PART II and III contain additional infonnation specific to your proposal and MUST be attached to this page to complete the application. PART I - GENERAL INFORMATION 1. Applicant's Name, Address, Name City of Yakima Planning Department And Phone Number Street 129 North Second Street City Yakima ST WA Zip 98901 Phone (509) 575 -6183 2. Applicant's Property Interest Check One ❑ Owner ❑ Agent ❑ Purchaser ® Other: Local Goverment 3. Property Owner's Name, Name Address, And Phone Number Street (If Other Than Applicant) City IST I I,:- Phone ( ) 4. Subject Property's Assessor's Parcel Number(s): Parcels with the boundaries of the City of Yakima city limits. 5. Property Address: N/A 6. Legal Description of Property. (if lengthy, please attach it on a separate document) N/A 7. Property's Existing Zoning: ® SR ® R -I ® R -2 ® R -3 ® B -1 ® B -2 ® HB ® SCC ® LCC ® CBD ® GC ® AS ® RD ® M -1 ® M -2 8. Type Of Application: (Check All That Apply) F1 Administrative Adjustment ® Environmental Checklist (SEPA) ❑ Easement Release ❑ Type (2) Review ❑ Right -of -Way Vacation ❑ Rezone ❑ Type (3) Review ❑ Transportation Concurrency ❑ Shoreline ❑ Short Plat ❑ Non - Conforming Structure /Use ❑ Critical Areas ❑ Long Plat ❑ Type 3 Modification ❑ Variance ❑ Admin. Modification ❑ Interpretation by Hearing Examiner ❑ .Amended Plat ❑. Appeal ❑ Temporary Use Pen-nit ❑ Binding Site Plan ❑ Home Occupation ❑ Comp Plan Amendment ❑ Planned Development ❑ Short Plat Exemption: ® Other: Zoning Ordinance Amendment PART II.- SUPPLEMENTAL APPLICATION, PART III - REQUIRED ATTACHMENTS, & PART IV - NARRATIVE 9. SEE ATTACHED SHEETS PART V - CERTIFICATION 10. 1 certify that the information on this application and the required attachments are true and correct to the best of my knowledge. t -Y PR?OWNERS SIGNATURE DATE L FOR ADMINISTRATIVE USE ONLY Revised 12-08 Notes: FILE # }� r DATE FEE PAID RECEIVED BY Amount Receipt No. Hearin Date ED '.011 • IMA IN ❑I 0 • • ENVIRONMENTAL CHECKLIST STATE ENVIRONMENTAL POLICY ACT (SEPA) JAN 1 4 20 (AS TAKEN FROM WAC 197 -11 -960) CITY OF YAKI YAKIMA MUNICIPAL CODE CHAPTER 6.88 PLANNING `aTGay ,r..t,f�'i� - ":� a.'�` - %� `%:Sv., +3gr.�s. ,Ew:.; •rt:i - ..,y.,,..,.. 'S'� ..;h!• G3rYi5a:hJ•4• ,.,:+� ;_:� :�`,£�ir'�tihr', 'q {.i:tr:,:r- _ _ - „.,y„ , +':. F� HEC&LI5�'E,�;_"> .:a`•: � . >,;.:..,:;�tqW _� ��, �.,,s.:.- �.�.3.�w..,:. ; ,�� �,�1� mw,..J, -�, y :a�:.;:a , ��r ,��. . ...,.„ w. �.. ;..: : r«. y:: ...:. „,......- ,«:: ......:.... ...�,...�_.•..,,. ::.r.� '�^ - - _ , h, ^ „k � ,;:�!u� 1?ti :w,y . ,w ,K"�"?r'; ,.&aY. .:F, _r.,:a•,: ,l” fi"� r. . `s �,,{µ <•x, .rj<'l�;; « :U�� , h F;- r;,y'°i",{4,',SC, na`'s., ..:.. o =.: Y..xiif.•3:€ ., ,:.:::,.. ....•,�. ,{3 ^�,t.�.,..,:n; .;.,a(�: %,'S��i.. - - _ .::,ra...u;':' _... - .i,�`"z1?izi7ii:'�'�."?;,.- ,;: a! %:�i,.t ?;:;e {';s' "yk.N....i '� �kL� 'a.z..�i >'":st�;.4;r�riM'•:,, The State Environmental Policy Act (SEPA), RCW Ch. 43.21C, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. IN'S:�?RUCTYO, S °)HOR AB: I t.aii,. : "sti.X P i e7 4A k, , ry't ^ NJ - ..n.,,,..,.. N,:: «.•rvu ...: .«:oed,... •, .. n•. , : �',FS,'tY }, �ir�:;;�.,.' -'Y,.} � N, {�;.. - - - rn.'', r � .r .. ...,�':..ts. _;� :�i.;a•�uw - -n�� ,: ,.: ..,��i���11,�. �'+?,rx rrrFFi<,y,�v ,'�'�'d�,� ,,,pp*'�� .fe S�°s'' `I—r .' .� .. W tM1yA. \ ": .: : ' n. r%' 3• r' �s' vM? iMi•,': s:: itriff ts<& x: Y�:: :y�;t�'t4,:8`.,n':" +::F °„�"„,:; This This environmental checklist asks you to describe some basic information about Governmental your proposal. agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply ". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these' questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to, all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be signifrcant•adverse impact. ,Y, i [JSIEUJN' CHE E, ' J',;,' .';t: ° >Fr- :,µ• -:.;;: ;7 . GIILLIS:T:FOR:NOl�PRO :x =w ;y. °,.,.7• >tr.::•,<,';,.,.,:. , �:<..t�,. a - „ Y . -r.,,. :.r1::...w ro.,.,:nr`..w•,. .�...,:., .,r "- ;w...,,w.- .,M,„ ,. .,, .,, >. LS.� yy�.:•�. _'� -a".• � ��:2�-,��yy..��••'��.,, �- �... «ar .. +.Ju��;s"�M..k' xk,' :.. F• ,�.,.�`�J ��r;,, pry �,'a r : ,; 4. � ��� r:.a_ � ,y�r, vy� Complete p e this checklist for non - project proposals, even mthough questions may be answered "does not apply," IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For non - project actions, the references in the checklist to the words "project," "applicant," and "property or site” should be read as "proposal,” "pro oser," and "affected geographic area," respectively. : ;- :n•'r.,::, • f• s.�.,:,•.a ..:.:..:.:..:.<no;. •yc; ::s "5.'""xt.2f.`q`= ' > - +'y •;3.Cw_ :.:R- :�,u'• -: - - c.u. _ kL s.Y /:1•�af i •�:: '1':JLu.%."r.., . �Y:�'" fi�" N.'. ✓�i:l.'Ae ".,ir':d''�inl. ". .yam ",.: _ _ ' coin 1e ted �b` ;tii 1. Name Of Proposed Project (If Applicable): City of Yakima Urban Area Zoning Ordinance 2010 /11••Zoning Amendments. 2. Applicant's Name & Phone: City of Yakima Planning Department, 509 -575 -6183. 3. Applicant's Address: 129 North Second Street, Yakima, WA 98901. ' 4. . Contact Person & Phone: Joan Davenport at (509) 576 -6417 5. Agency Requesting Checklist: City of Yakima 6. Date The Checklist Was Prepared: January 14, 2010. 7. Proposed Timing Or Schedule (Including Phasing, If Applicable): N/A 8. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain: Not at this time. 9. List any environmental information you know about that has been prepared, or will be prepared, directly' related to this proposal: None. 10. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain: None pending 11. List any government approvals or permits that will be needed for your proposal, if known: SEPA determination, City of Yakima Planning Commission Public Hearing, and City Council Approval. 12. Give a brief, but complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional'specific information on project description.): This proposal includes amendments to the City of Yakima's Urban Area Zoning Ordinance sections 15.02.020, 15.04.030, 15.08.030, 15.08.070, 15.08.170, 15.10.020, 15.20, 15.20.030, 15.20.040, 15.20.050, and 15.23.030 for the expressed purpose of providing a streamlined permitting process, and reducing the level of review for minor Class 3 land uses to decrease the City of Yakima's hearing expenses. 13. Location of the proposal. Give sufficient information for a person to understand the precise location of your pro- posed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist.: City limits. RECEIVED JAN 1 4 2011 CITY OF YAKIMA PLANNING Div.. i J 0 I S 1, Me E 1. Earth a. General description of the site (✓ one): ❑ flat ❑ rolling ❑ hilly ❑ steep slopes ❑ mountainous ❑ other b. What is the steepest slope on the site (approximate percent slope)? N /A. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural. soils, specify them and note any prime farmland. N/A i J 0 • _ F d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe: N/ N/A G RECEIVE® JAN 1 4 2011 e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. N/A CITY OF YAKIMA PLANNING DIV. f. Could erosion occur, as a result of clearing, construction, or use'? If so, generally describe. N/A g. About what percent of the site will be covered with impervious surfaces after project construction, (for example, asphalt or buildings)? N/A h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: N/A 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the.project is completed? If any, generally describe and give approximate quantities if known. N /A. b. Are there any off -site sources of emissions or odor that may affect your proposal? if so, generally describe. N /A. c. Proposed measures to reduce or control emissions or other impacts to air, if any: N/A 3. Water a. Surface: 1. Is there any surface water body on or in the immediate vicinity of the site (including year -round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. N/A 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. N/A 3. Estimate the amount of fill and dredge material that would be placed in or re, moved from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. N/A E-11 L l 4. Will the proposal require surface water withdrawals or diversions? Give general description,, purpose, and approximate quantities if known. N /A.. RECEIVED 5. Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. JAN 1 4 2011 N/A CITY OF YAKIMA 6. Does the proposal involve any discharges of waste materials to surface waters? If PLANNING DIV. so, describe the type of waste and anticipated volume of discharge. N/A b. Ground: 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. N/A 2. Describe waste material that will be discharged into the ground from. septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. N/A C. Water Runoff (including stormwater): 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. N/A 2. Could waste materials enter ground or surface waters? If so, generally describe. N/A 3. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: N/A 4. Plants: a. Check ( ✓) types of vegetation found on the site: Deciduous Tree: 0 Alder ® Maple ® Aspen El Other Evergreen Green: Z Fir ® Cedar ® Pine ❑ Other Shrubs ® Grass ® Pasture Crop Or Grain ❑ Other Other Types Of Vegetation: b. What kind and amount of vegetation will be removed or altered? N/A c. List threatened or endangered species known to be on or near the site. There are minor amounts of threatened or endangered species know to live in or around the city limits of Yakima, however this proposal does not involve any change to the land E-11 L l • • • or habitat, and is considered none project. G® RECEIVED d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: N/A JAN 1 4 2011 5. Animals: CITY OF YAKIMA a. Check (✓) any birds and animals which have been observed on or near the site or are PLANNING DIV. known to be on or near the site: Birds: ® Hawk 9-Heron ® Eagle ®Son birds g ❑Other Mammals: ❑ Deer ❑Bear ❑Elk ®Beaver ❑Other Fish: ® Bass ® Salmon ® Trout ❑ Herring El Shellfish El Other b. List any threatened or endangered species known to be on or near the site. There are minor amounts of threatened or endangered species know to live in or around the city limits of Yakima, however, this proposal does not involve any change to the land or habitat, and is considered none project. c. Is the site part of a migration route? If so, explain. Migratory birds may utilize property within the City limits, however this proposal does not involve any change to the land or habitat, and is considered none project. d. Proposed measures to preserve or enhance wildlife, if any: N/A 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. N/A b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. N/A c. What kinds of energy conservation features. are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: N/A 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. N/A 1. Describe special emergency services that might be required. N/A 2. Proposed `measures to reduce or control environmental health hazards, if any: N/A b. Noise 1. What types of noise exist in the area, which may affect your project (for example: traffic, equipment, operation, other) ?. N/A �11 E" 2. What types and levels of noise would be created by or associated with the project on a short -term or a long -term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. RECEIVED N/A JAN 1 4 201. 3. Proposed measures to reduce or control noise impacts, if any: N/A CITY OF YAKIMA PLANNING DIV. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? N/A b. Has the site been used for agriculture? If so, describe. Many of the properties within the City of Yakima have been used for agriculture purposes in the past. c. Describe any structures on the site. N/A — Non Project Action d. Will any structures be demolished? If so, what? N/A — Non Project Action e. What is the current zoning classification of the site? N/A — Non Project Action f. What is the current comprehensive plan designation of the site? N/A — Non Project Action g. If applicable, what is the current shoreline master program designation of the site? N/A — Non Project Action h. Has any part of the site been classified as an "environmentally sensitive" area? If so specify. N/A -- Non Project Action i. Approximately how many people would reside or work in the completed project? N/A — Non Project Action j. Approximately how many people would the completed project displace? N/A — Non Project Action k. Proposed measures to avoid or reduce displacement impacts, if any. N/A — Non Project Action 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The existing proposal will modify the above mentioned City of Yakima regulations and streamline the permit process which implements the land use plans of the City of Yakima. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or love- income housing. N/A — Non Project Action b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low- income housing. N/A —Non Project Action c. Proposed measures to reduce or control housing impacts, if any: N/A — Non Project Action 10, Aesthetics �11 E" I a. What is the tallest height of any proposed structures, not including antennas; .what are the principal exterior building materials proposed? N/A — Non Project Action b. What views in the immediate vicinity would be altered or obstructed? N/A — Non Project Action c. Proposed measures to reduce or control aesthetic impacts, if any: N/A — Non Project Action 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? N/A — Non Project Action b. Could light or glare from the finished project be a safety hazard or interfere with views? N/A — Non Project Action c. What existing off -site sources of light or glare may affect your proposal? N/A — Non Project Action d. Proposed measures to reduce or control light and glare impacts, if any: N/A — Non Project Action 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? N/A — Non Project Action b. Would the proposed project displace any existing recreational uses? If so, describe. N/A — Non Project Action c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: N/A — Non Project Action 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. N/A — Non Project Action b. Generally describe any landmarks or evidence of historic, archaeological, scientific,. or cultural important known to be on or next to the site. N/A — Non Project Action c. Proposed measures to reduce or control impacts, if any: N/A — Non Project Action 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. N/A — Non Project Action RECEIVED JAN 1 4 201 ITY OF YAKIMA PLANNING DIV. b. Is site currently serviced by public transit? If not, what is the approximate distance to the nearest: transit stop? N/A — Non Project Action RECEIVED c. How many parking spaces would the completed project have? N/A — Non Project JAN fl 2011 Action How many would the project eliminate? N/A — Non Project Action CITY OF YAKIMA d. Will the proposal require any new roads or streets, or improvements to existing PLANNING DIV. roads or streets, not including driveways? If so, generally describe (indicate whether public or private). N/A — Non Project Action e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. N/A — Non Project Action f. How many vehicular trips per day would be generated by the completed project? If. known, indicate when peak volumes would occur. N/A — Non Project Action g. Proposed measures to reduce or control transportation impacts, if any: N/A — Non Project Action 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe: N/A — Non Project Action b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity, which might be needed., N/A — Non Project Action 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity, which might be needed. N/A — Non Project Action G. SIGNA r, 11 • 11 ]" The alio've answers are true and complete to the best of my knowledge. 'I understand .that the lead agency is relying on them to make its decision. or Agent Signature Date Submitted • RECEIVED JAN 1 4.201 CITY OF . YAKIMA PLANNING DIV. `�° = y/py ... �Iist Because these uestions are ve q � ry general, it may be helpful to read them in conjunction with the re . of the elements of the environment. When answering these questions, be aware of the extent the proposal or the types of activities that would likely result from the proposal and how it would affect RECEIVED the item at a greater intensity or at a faster rate than if the proposal were not implemented. SAN 4 2011 1. How would the proposal be likely to increase discharge to water; emissions to. air; production, storage, or release, of toxic or hazardous substances; or production of noise? The proposed Zoning Ordinance, changes will not affect how land uses discharge to water, emissions CITY OF YAKIMI� to the air, storage, or release of toxic or hazardous substances, or the production of PLANNING DIM. noise. Proposed measures to avoid or reduce such increases are: As the proposal will not increase any of the above environmental conditions, no measures to avoid or reduce these conditions have been proposed. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposed zoning changes will not affect plants, animals, fish, or marine life as all the proposed changes are related to streamlining the process for processing land use applications and uses. a. Proposed measures to protect or conserve plants, animals, fish, or marine life are: As the proposal will not effect any of the above animal life, no measures to protect or conserve plant and animal life has been proposed. 3. How would the proposal be likely to deplete energy or natural resources? The proposed zoning amendments do not involve regulations dealing with energy or natural resources. Proposed measures to protect or conserve energy and natural resources are: None proposed. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The proposed zoning amendments do not propose any change to regulations for environmentally sensitive areas or areas designated for governmental protection. Proposed measures to protect such resources or to avoid or reduce impacts are: None proposed. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? No change to land and shoreline uses are proposed. Proposed measures to avoid or reduce shoreline and land use impacts are: None proposed 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposed zoning changes would not be likely to increase demand on the transportation or public service system and utilities as the regulatory changes only streamline and reduce the burden for processing various land use applications. Proposed measures to reduce or respond to such demand(s) are: None proposed. • 11 • • • 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposed zoning amendments will not conflict with any local, state; or federal laws, or requirements for the protection of the environment. RECEIVED JAN 1 4 201 " CITY OF YAKIMA PLANNING DIV.