HomeMy WebLinkAbout2024-006 Ordinance amending the City of Yakima Municipal Code Chapter 1.42: Planning Commission; Chapter 1.37: Bicycle and Pedestrian Advisory Committee and Tree Board report to, and are considered sub-committees of the Planning Commission ORDINANCE NO. 2024-006
AN ORDINANCE amending the City of Yakima Municipal Code Chapter 1.42: Planning
Commission; Chapter 1.37: Bicycle and Pedestrian Advisory Committee;
Chapter 11.62: Historic Preservation; and Chapter 8.77: Public Tree
Ordinance, to create a structure where the Historic Preservation
Commission, Bicycle and Pedestrian Advisory Committee and Tree Board
report to, and are considered sub-committees of, the Planning
Commission.
WHEREAS, the Planning Commission is charged with a number of advisory roles and
responsibilities associated with the City's zoning ordinances and development code sections;
and
WHEREAS, the City has additional committees and commissions that provide advice to
the City Council on matters that sometimes are related to Planning Commission work,
specifically the Historic Preservation Commission, the Bike and Pedestrian Advisory Committee,
and the Tree Board; and
WHEREAS, the City Council seeks to coordinate these committees into a committee
with subcommittees wherein the Historic Preservation Commission, the Bike and Pedestrian
Advisory Committee and the Tree Board periodically report to the Planning Commission on
matters pertaining to Planning Commission work, similar to Planning Commission work, or for
other advice as is determined to be advantageous by the Council or one of the committees; and
WHEREAS, in coordinating the committees, the City Council wishes to allow the
committees to retain their individual roles and obligations, but provide reporting and coordination
where appropriate with the Planning Commission; and
WHEREAS, the City Council seeks to provide residents additional opportunities to sit on
the Planning Commission and/or to allow, if desired, one member of each of the Historic
Preservation Commission, Bike and Pedestrian Advisory Committee and Tree Board to also sit
on the Planning Commission; and
WHEREAS, the City Council believes that having liaisons at the Planning Commission
level would be advantageous to the City, so the City Council may appoint two liaisons from the
City Council to the Planning Commission, rather than having councilmember liaisons at each of
the Historic Preservation Commission, Bike and Pedestrian Advisory Committee and Tree
Board; and
WHEREAS, for purposes only as outlined herein, the City Council believes it would be
appropriate to allow residents to serve on both the Planning Commission and one of the sub-
committees in the event the person seeking to serve on both meets the requirements of both of
the bodies; and
WHEREAS, the City Council of the City of Yakima finds it is in the best interests of the
City and its residents to restructure the Planning Commission, Historic Preservation
Commission, Bike and Pedestrian Advisory Committee and Tree Board to create three sub-
committees to the Planning Commission; now, therefore,
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BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Yakima Municipal Code Chapter 1.42: Planning Commission, is hereby
amended to read as follows:
Chapter 1.42
PLANNING COMMISSION*
Sections:
1.42.010 Planning commission—Authority.
1.42.020 Organization and procedures.
1.42.025 Membership—Appointment—Terms.
1.42.026 Residence of members.
1.42.027 Vacancy filling—Unexpired terms.
1.42.030 Duties.
1.42.070 Yakima urban area comprehensive plan—Adoption and amendment
procedures.
* See Charter Article VIII, Section 1, Zoning—See Title 15 of this code.
1.42.010 Planning commission—Authority.
The city of Yakima planning commission shall have the full authority and jurisdiction to perform
all acts, duties and functions which are either required of or imparted or conferred on a planning
commission by law or ordinance. Provided, any duties or functions of the planning commission
which are conferred on the office of hearing examiner shall be performed by such examiner.
(Ord. 2010-22 § 1 (part), 2010: Ord. 2948 § 3 (part), 1986).
1.42.020 Organization and procedures.
The commission shall perform its duties and functions as the planning commission of the city of
Yakima under the provisions and procedures of RCW Chapter 35.63. The planning commission
may adopt its own bylaws and rules of procedure as long as they do not conflict with RCW
Chapter 35.63 or this ordinance. (Ord. 2010-22 § 1 (part), 2010: Ord. 2948 § 3 (part), 1986).
1.42.025 Membership—Appointment—Terms.
A. The city planning commission shall consist of eleven members appointed by the mayor and
confirmed by the city council. The term of office for each appointive member shall be four years.
B. The members of the city planning commission shall be selected without respect to political
affiliation and they shall serve without compensation.
C. No person shall serve more than two consecutive terms, provided a person appointed to fill
unexpired terms of less than two years is eligible to serve two successive four-year terms; and
provided further, a person who is ineligible to serve for having served two consecutive terms
may again serve after two years have elapsed from the end of the second such term.
D. A maximum of one member of the city planning commission may also be a member of the
Historic Preservation Commission. A maximum of one member of the city planning commission
may also be a member of the Tree Board. A maximum of one member of the city planning
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commission may also be a member of the Bicycle and Pedestrian Advisory Committee. (Ord.
2017-018 § 1, 2017: Ord. 2010-22 § 1 (part), 2010).
1.42.026 Residence of members.
No person shall hold the office of member of the city planning commission unless that person is
either (1) a resident of the city of Yakima, or (2) an owner of a business or of real property that
is located within the city of Yakima. The office of member of the city planning commission shall
become vacant upon such member ceasing to meet the requirements of either subsection 1 or
2, or both, as described in this section. (Ord. 2012-55 § 1, 2012: Ord. 2010-22 § 1 (part), 2010).
1.42.027 Vacancy filling—Unexpired terms.
Vacancies occurring otherwise than through the expiration of terms shall be filled for the
unexpired term. Members may be removed, after public hearing, by the mayor, with the
approval of the city council, for inefficiency, neglect of duty or malfeasance in office.
1.42.028 Council liaisons.
The City Council may appoint up to two councilmember liaisons to the Planning Commission.
Said liaisons are not considered members of the planning commission, shall not be entitled to
vote on any matter before the commission and shall not actively participate in any matter that
will come to the City Council for ultimate decision.
1.42.030 Duties.
The duties of the city planning commission shall be as set forth in RCW 35.63.060, by city
ordinance, or as may be assigned or requested from time to time by the city council. Such
duties include, but are not limited to:
1. Serving as the long-range planning body for the city of Yakima;
2. Monitor the growth and development of the city and continually reevaluate and recommend
to the city council revisions to the comprehensive plan and zoning ordinance for the city;
3. Develop and recommend to the city council a subdivision ordinance for the city and
revisions thereto;
4. Investigate and make recommendations on other land use matters as may be requested by
the city council or on its own initiative;
5. Study and report on all proposed text changes to land use ordinances;
6. Advise the city council on land use matters;
7. Monitor the hearings of the hearing examiner in order to remain informed on development
activities, public concerns and the decisions of the hearing examiner;
8. Work with, provide support, and give guidance to sub-committees associated with the
planning commission, as appropriate.
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9. Such other planning functions as authorized or required by law or ordinance or as
requested or assigned by the city council. (Ord. 2010-22 § 1 (part), 2010: Ord. 2948 § 3 (part),
1986).
1.42.070 Yakima urban area comprehensive plan—Adoption and amendment procedures.
A. Plan Adoption. The Yakima urban area comprehensive plan ("the plan") shall consist of the
most recently adopted and approved Yakima Urban Area Comprehensive Plan, which at the
time of this ordinance amendment is the Yakima Urban Area Comprehensive Plan 2025,
adopted by Ordinance No. 2006-62 on December 15, 2006, the Terrace Heights Neighborhood
Plan adopted on June 4, 1999 and as amended, and the West Valley Neighborhood Plan, as
adopted and amended. The plan and its elements and plans including those incorporated by
reference are hereby adopted as the official comprehensive land use plan for the city of Yakima,
as required by Chapter 36.70A RCW.
B. Plan Amendments. Requests for amendments to the Yakima urban area comprehensive
plan may be submitted in accord with YMC 16.10.030, and will be docketed for review and
acted upon as provided in RCW 36.70A.130 and YMC 16.10. Proposed amendments shall be
considered concurrently to ascertain the cumulative effect of the various proposals. Initial
adoption of subarea plans and the adoption or amendment of a shoreline master program are
not subject to the docketing requirement, and may be considered independently of the annual
amendment process. Amendments to the plan may also be considered whenever an emergency
exists, or to resolve an appeal of the plan filed with the Eastern Washington Growth
Management Hearings Board, following appropriate public participation.
C. Amendment Review Process. Proposed amendments to the plan shall be submitted to the
city of Yakima department of community and economic development, along with the required
application fee, for review by the city planning commission pursuant to YMC 16.10.050. The city
planning commission shall hold at least one public hearing to receive public testimony on
proposed amendments, and shall forward its recommendation regarding proposed amendments
to the city council, as outlined in YMC 16.10. The city council, pursuant to YMC 16.10.090, shall
hold at least one public hearing on the city planning commission's recommendation. The city
council may refer any proposed amendment back to the city planning commission for further
consideration and recommendation. The city council may amend the plan or reject any
proposed amendments subsequent to the city council public hearing.
D. Existing Land Use Regulatory Ordinances Remain in Effect. All existing land use regulatory
ordinances and land use controls shall remain in effect, including Title 15, Yakima Urban Area
Zoning Ordinance; city of Yakima official zoning map; Title 14, Subdivisions; YMC Chapter 6.88,
Environmental Policy; and YMC Chapter 15.27, Critical Areas, until such time that these
ordinances are amended. Future land use decisions shall be based upon these ordinances, as
periodically amended.
E. Severability. If any section, sentence, clause or phrase of the adopted Yakima urban area
comprehensive plan should be held to be invalid or unconstitutional by any body or court with
authority and jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, clause or phrase of the adopted Yakima urban area
comprehensive plan.
F. Revival of Plan upon Invalidation. In the event that an updated Yakima urban area
comprehensive plan, or any portion thereof, is invalidated by the Eastern Washington Growth
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Management Hearings Board, or any other body or court with authority and jurisdiction, the
prior-approved Yakima urban area comprehensive plan, or the relevant portions thereof, shall
be revived and shall be in effect until a new comprehensive plan or new relevant portions are
established. (Ord. 2013-021 § 1 (Exh. A), 2013: Ord. 2011-10 § 2, 2011; Ord. 2010-22 § 1
(part), 2010: Ord. 99-33 § 1, 1999; Ord. 97-22 § 2, 1997: Ord. 2579 § 1, 1981: Ord. 972 § 1,
1967: Ord. 779 §§ 1, 2, 1966).
Section 2. Yakima Municipal Code Public Tree Ordinance Section 8.77.060: Duties
and responsibilities, is hereby amended to read as follows:
8.77.060 Duties and responsibilities.
It shall be the responsibility of the tree board to study, investigate, develop, update, and
administer a written plan for the care, preservation, pruning, planting, replanting, removal or
disposition of trees and shrubs in parks, along streets and in other city-owned public areas.
Such plan will be presented annually to the city council and the Yakima Planning Commission,
and upon city council's acceptance and approval shall constitute the official comprehensive city
tree plan for the city of Yakima, Washington. The tree board, when requested by the city
council, shall consider, investigate, make findings, report and make recommendations regarding
any special matter or question coming within the scope of its work and/or work with the Yakima
Planning Commission on matters of relevance to both groups. The tree board shall be a
subcommittee of the Yakima Planning Commission. (Ord. 2016-032 § 1 (part), 2016).
Section 3. Yakima Municipal Code Historic Preservation Ordinance Section
11.62.040: Yakima historic preservation commission, is hereby amended to read as follows:
11.62.040 Yakima historic preservation commission.
A. Creation and Size. There is hereby established a Yakima historic preservation commission
consisting of five members, as provided in subsection B of this section. Members of the Yakima
historic preservation commission shall be appointed by the mayor with the approval of the
Yakima city council and shall be residents of the city of Yakima.
B. Composition of the Commission.
(1) All members of the commission must have a demonstrated interest and competence
in historic preservation, history, urban planning, or architecture and possess qualities of
impartiality and broad judgment.
(2) The commission shall always include at least one professional who has experience
in identifying, evaluating, and protecting historic resources and are selected from among
the disciplines of history, architecture, architectural history, landscape architecture, historic
preservation, planning, folklore, cultural anthropology, prehistoric and historic archaeology,
American studies, curation, traditional building crafts, the practice of historic rehabilitation
or restoration, finance and banking, law, and real estate, or related disciplines. The
commission action that would otherwise be valid shall not be rendered invalid by the
temporary vacancy of one or all of the professional positions, unless the commission
action is related to meeting certified local government (CLG) responsibilities cited in the
certification agreement between the mayor of Yakima and the State Historic Preservation
Officer on behalf of the state. Furthermore, exception to the residency requirement of
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commission members may be granted by the mayor of Yakima with the approval of the
Yakima city council in order to obtain representatives from these disciplines.
(3) In making appointments, the mayor may consider names submitted from any source,
but the mayor shall notify Yakima history, heritage, preservation, and development related
organizations of vacancies so that names of interested and qualified individuals may be
submitted by such organizations for consideration along with names from any other
source.
C. Terms. The initial appointments to the commission shall be staggered. Two members shall
be appointed for one year, three members shall be appointed for two years, and two members
shall be appointed for four years. Thereafter, the terms shall be made for four years. There shall
be no consecutive term limit for membership on the commission. Vacancies shall be filled by the
mayor with the approval of the council for a new or unexpired term in the same manner as the
original appointment.
D. Powers and Duties. The major responsibility of the historic preservation commission is to
identify and actively encourage the conservation of Yakima's historic resources by initiating and
maintaining a register of historic places and reviewing proposed changes to register properties,
to raise community awareness of Yakima's history and historic resources, and to serve as
Yakima's primary resource in matters of history, historic planning, and preservation.
In carrying out these responsibilities, the commission shall engage in the following:
(1) Conduct and maintain a comprehensive inventory of historic resources within the
boundaries of the city of Yakima and known as the Yakima historic inventory, and
publicize and periodically update inventory results. Properties listed on the inventory shall
be recorded on official zoning records with an "HI" (for historic inventory designation). This
designation shall not change or modify the underlying zone classification.
(2) Initiate and maintain the Yakima register of historic places. This official register shall
be compiled of buildings, structures, sites, objects, and districts identified by the
commission as having historic significance worthy of recognition and protection by the city
of Yakima and encouragement of efforts by owners to maintain, rehabilitate, and preserve
properties.
(3) Review nominations to the Yakima register of historic places according to criteria in
YMC 11.62.045 and adopt standards in its rules to be used to guide this review.
(4) Review proposals to construct, change, alter, modify, remodel, move, demolish, or
significantly affect properties or districts on the register as provided in YMC 11.62.050 and
adopt standards and design guidelines in its rules to be used to guide this review and the
issuance of a certificate of appropriateness or waiver.
(5) Provide for the review either by the commission or its staff of all applications for
approvals, permits, environmental assessments or impact statements, and other similar
documents pertaining to identified historic resources.
(6) Conduct all commission meetings in compliance with Chapter 42.30 RCW, Open
Public Meetings Act, to provide for adequate public participation and adopt standards in its
rules to guide this action.
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(7) Participate in, promote and conduct public information, educational and interpretive
programs pertaining to historic and prehistoric resources.
(8) Establish liaison support, communication and cooperation with federal, state, and
other local government entities which will further historic preservation objectives, including
public education, within the city of Yakima.
(9) Serve as a subcommittee to the Yakima Planning Commission to review and
comment to the Yakima Planning Commission on land use, housing and redevelopment,
economic development strategies, municipal improvements and other types of planning
and programs undertaken by agencies of the city of Yakima, other neighboring
communities, Yakima County, the state or federal governments, as they relate to historic
resources of the city of Yakima.
(10) Advise the Yakima Planning Commission, and/or the Yakima city council and the
mayor of Yakima generally on matters of Yakima history and historic preservation.
(11) Perform other related functions assigned to the commission by the Yakima city
council.
(12) Provide information to the public on methods of maintaining and rehabilitating
historic properties. This may take the form of pamphlets, newsletters, workshops,
websites, or similar activities.
(13) Officially recognize excellence in the rehabilitation of historic buildings, structures,
sites and districts, and new construction in historic areas and encourage appropriate
measures for such recognition.
(14) Be informed about and provide information to the public, the Yakima Planning
Commission, and city of Yakima departments on incentives for preservation of historic
resources including legislation, regulations and codes which encourage the use and
adaptive reuse of historic properties.
(15) Review nominations to the State and National Registers of Historic Places.
(16) Investigate and report to the Yakima Planning Commission and/or the Yakima city
council on the use of various federal, state, local or private funding sources available to
promote historic resource preservation in the city of Yakima.
(17) Serve as the local review board for special valuation and:
a. Make determination concerning the eligibility of historic properties for special
valuation;
b. Verify that the improvements are consistent with the Washington State Advisory
Council's standards for rehabilitation and maintenance;
c. Enter into agreements with property owners for the duration of the special
valuation period as required under WAC 254-20-070(2);
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d. Approve or deny applications for special valuation;
e. Monitor the property for continued compliance with the agreement and statutory
eligibility requirements during the ten-year special valuation period; and
f. Adopt bylaws and/or administrative rules and comply with all other board
responsibilities identified in Chapter 84.26 RCW.
(18) Provide a yearly report to the Yakima Planning Commission regarding the
activities undertaken in the previous twelve (12) months, or report more often if
requested by the Yakima Planning Commission or the Yakima City Council.
E. Compensation. All members shall serve without compensation.
F. Rules and Officers. The commission shall establish and adopt its own rules of procedure,
and shall select from among its membership a chairperson and such other officers as may be
necessary to conduct the commission's business.
G. Commission Staff. Commission and professional staff assistance may be provided by the
department of community development, or other department as designated by the city manager,
with additional assistance and information to be provided by other city departments as may be
necessary to aid the commission in carrying out its duties and responsibilities under this
chapter. (Ord. 2019-017 § 1, 2019: Ord. 2015-004 § 1 (Exh. A) (part), 2015: Ord. 2013-22 § 1,
2013: Ord. 2011-28 § 1 (Exh. A) (part), 2011: Ord. 2005-02 § 2 (part), 2005).
Section 4. Yakima Municipal Code Bicycle and Pedestrian Advisory Committee
Ordinance Section 1.37.010: Establishment, is hereby amended to read as follows:
1.37.010 Establishment.
There is hereby established within the city of Yakima a bicycle and pedestrian advisory
committee, which shall be a subcommittee of the Yakima Planning Commission, to be
appointed by the city council to carry out the purposes listed herein. (Ord. 2023-002 § 1, 2023).
Section 5. Yakima Municipal Code Bicycle and Pedestrian Advisory Committee
Ordinance Section 1.37.050: Meetings, is hereby amended to read as follows:
1.37.050 Meetings.
(a) At its first meeting of each calendar year, the committee shall elect a chairperson and a
secretary, which persons shall hold office for one year and until their successors are appointed.
(b) The committee should hold, at a minimum, regular quarterly public meetings that may be
broadcast by the city. The committee may appoint a subcommittee of at least two members,
which may meet during other times and at other dates as the subcommittee deems necessary
or appropriate, to review and discuss bicycle/pedestrian committee policies and procedures, or
relevant code sections of the Yakima Municipal Code. The subcommittee shall formulate a
recommendation regarding its work to the whole committee for its consideration. Subcommittee
meetings may be staffed only upon written request to the city manager from the subcommittee,
and at the city manager's, or their designee's, discretion.
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(c) Minutes of each meeting shall be kept by the secretary and sent to the staff liaison, or, if
there is no staff liaison assigned, the city clerk, and any other city staff person or council person
as determined by the city.
(d) All committee meetings shall be open to the public.
(e) To constitute a quorum for the transaction of business there shall be a simple majority of
seated committee members present.
(f) An agenda shall be prepared and distributed by the chairperson prior to each meeting
which includes a list of individual items of committee business that are intended to be
discussed. If staff members are approved for attendance, they shall receive an agenda at least
five business days prior to the meeting. (Ord. 2023-023 § 2, 2023; Ord. 2023-002 § 1, 2023).
Section 6. Yakima Municipal Code Bicycle and Pedestrian Advisory Committee
Ordinance Section 1.37.060: Functions and duties, is hereby amended to read as follows:
1.37.060 Functions and duties.
(a) The committee generally shall serve in an advisory capacity to the Yakima Planning
Commission as a subcommittee of the Commission concerning the development, maintenance
and planning of the network of facilities for bicycles and pedestrians within the city or extending
into Yakima County or neighboring communities.
(b) The committee shall assist the Yakima Planning Commission and, when specifically
requested, the city council, on specific projects delegated to the committee by those groups.
(c) The committee shall report to the Yakima Planning Commission on an annual basis at a
minimum. Reports to the Yakima Planning Commission shall contain a summary of action items
taken to date, a list of action items that are pending, and a summary of any findings made as of
the date of the report that are relevant to the committee's purpose or pending action items. The
chair of the committee is responsible for writing any report and forwarding it to the staff liaison
for the Yakima Planning Commission for dissemination and inclusion in a Yakima Planning
Commission agenda.
(d) On areas of work where the Yakima Planning Commission finds that it would be more
appropriate to have the committee provide advice and information either directly to the City
Council, or to another committee, board or commission, the Yakima Planning Commission will
refer the work to the council or to another committee, board or commission for its review and
evaluation. (Ord. 2023-002 § 1, 2023).
Section 7. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 8. 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.
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PASSED BY THE CITY COUNCIL, signed and approved this 5th day of March, 2024.
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Patriciaers, Mayor
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Publication Date: March 9, 2024
Effective Date: April 8, 2024
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 10.
For Meeting of: March 5, 2024
ITEM TITLE: Ordinance amending the City of Yakima Municipal Code Chapter
1.42: Planning Commission; Chapter 1.37: Bicycle and Pedestrian
Advisory Committee; Chapter 11.62: Historic Preservation; and
Chapter 8.77: Public Tree Ordinance, to create a structure where
the Historic Preservation Commission, Bicycle and Pedestrian
Advisory Committee and Tree Board report to, and are considered
sub-committees of the Planning Commission
SUBMITTED BY: Sara Watkins, City Attorney
SUMMARY EXPLANATION:
At February 13, 2024 Council meeting, the City Council evaluated options for Boards and
Commissions and directed staff to bring back amendments to the Planning Commission
ordinance to increase the number of members and council liaisons. Council also directed staff to
alter the structure of the Historic Preservation Commission, Bicycle and Pedestrian Advisory
Committee and Tree Board so that each of these groups would be considered a subcommittee
of the Planning Commission.
The proposed ordinance would allow for the changes to the Planning Commission as directed. It
would also make the other three committees subcommittees of the Planning Commission while
retaining their roles and responsibilities that are specific to their individual groups. The groups
would still meet as they have been, and conduct the same business, but would provide reports to
the Planning Commission and work with the Planning Commission on relevant items. For
illustrative purposes the structure would look like the following:
City Council
Planning Commission
(Council Liaisons)
Historic Cee Board Bicycle and
0 tion Pedestrian Advisory
Preservation P ) Committee
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An alternative option would be to place the Tree Board as a sub-committee of the Yakima Parks
and Recreation Commission. That alternative option is provided to you for consideration. The
alternative option would still have the Planning Commission have 11 positions and 2 liaisons, but
instead of the Tree Board being a sub-committee of the Planning Commission, it would instead
by a sub-committee of the Parks and Recreation Commission and would work with, and report to
where outlined in ordinance, the Parks and Recreation Commission.
ITEM BUDGETED: NA
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Pass ordinance or direct staff to amend and bring back for reconsideration.
ATTACHMENTS:
Description Upload Date Type
❑ Ord-Amending YMC Chs. 1.42, 1.37, 11.62&8.77 2/22/2024 Ordinance
❑ Ord-Amending YMC Chs. 1.42, 1.37, 11.62& 2/27/2024 Ordinance
8.77 alternate
YMC 1.42-Planning
❑ 2/27/2024 Ordinance
Commission.redline_UPDATED.pdf
❑ YMC 1.42-Planning Commission.FINAL UPDATED 2/27/2024 Ordinance
❑ YMC 1.42-Planning Commission redline alternate 2/27/2024 Ordinance
❑ YMC 1.42-Planning Commission Final alternate 2/27/2024 Ordinance
❑ Ch. 11.62-Historic Preservation redline 2/22/2024 Ordinance
❑ Ch. 11.62-Historic Preservation Final 2/22/2024 Ordinance
❑ Ch.8.77-Public Tree Ordinance redline 2/22/2024 Ordinance
❑ Ch.8.77-Public Tree Ordinance Final 2/22/2024 Ordinance
❑ YMC 8.77-Public Tree Ordinance.redline.altemate 2/27/2024 Ordinance
❑ YMC 8.77-Public Tree Ordinance Final alternate 2/27/2024 Ordinance
❑ Ch 1.37-Bicycle Pedestrian Committee redline 2/22/2024 Ordinance
❑ Ch 1.37-Bicycle Pedestrian Committee final 2/22/2024 Ordinance
Chapter 1.42
PLANNING COMMISSION*
Sections:
1.42.010 Planning commission—Authority.
1.42.020 Organization and procedures.
1.42.025 Membership—Appointment—Terms.
1.42.026 Residence of members.
1.42.027 Vacancy filling—Unexpired terms.
1.42.030 Duties.
1.42.070 Yakima urban area comprehensive plan—Adoption and amendment
procedures.
* See Charter Article VIII, Section 1, Zoning—See Title 15 of this code.
1.42.010 Planning commission—Authority.
The city of Yakima planning commission shall have the full authority and jurisdiction to perform
all acts, duties and functions which are either required of or imparted or conferred on a planning
commission by law or ordinance. Provided, any duties or functions of the planning commission
which are conferred on the office of hearing examiner shall be performed by such examiner.
(Ord. 2010-22 § 1 (part), 2010: Ord. 2948 § 3 (part), 1986).
1.42.020 Organization and procedures.
The commission shall perform its duties and functions as the planning commission of the city of
Yakima under the provisions and procedures of RCW Chapter 35.63. The planning commission
may adopt its own bylaws and rules of procedure as long as they do not conflict with RCW
Chapter 35.63 or this ordinance. (Ord. 2010-22 § 1 (part), 2010: Ord. 2948 § 3 (part), 1986).
1.42.025 Membership—Appointment—Terms.
A. The city planning commission shall consist of seven eleven members appointed by the
mayor and confirmed by the city council. The term of office for the first appointive members
appointed to the city planning commission shall be designated from one to six years in such a
manner as to provide the fewest possible terms will expire in any one year. Thereafter the term
of office for each appointive member shall be four years.
B. Vacancies occurring otherwise than through the expiration of terms shall be filled for the
unexpired term. Members may be removed, after public hearing, by the mayor, with the
approval of the city council, for inefficiency, neglect of duty or malfeasance in office.
BC. The members of the city planning commission shall be selected without respect to
political affiliation and they shall serve without compensation.
CD. No person shall serve more than two consecutive terms, provided a person appointed to
fill unexpired terms of less than two years is eligible to serve two successive four-year terms;
and provided further, a person who is ineligible to serve for having served two consecutive
terms may again serve after two years have elapsed from the end of the second such term.
D. A maximum of one member of the city planning commission may also be a member of the
Historic Preservation Commission. A maximum of one member of the city planning commission
may also be a member of the Tree Board. A maximum of one member of the city planning
commission may also be a member of the Bicycleke and Pedestrian Advisory Committee. (Ord.
2017-018 § 1, 2017: Ord. 2010-22 § 1 (part), 2010).
1.42.026 Residence of members.
No person shall hold the office of member of the city planning commission unless that person is
either (1) a resident of the city of Yakima, or (2) an owner of a business or of real property that
is located within the city of Yakima. The office of member of the city planning commission shall
become vacant upon such member ceasing to meet the requirements of either subsection 1 or
2, or both, as described in this section. (Ord. 2012-55 § 1, 2012: Ord. 2010-22 § 1 (part), 2010).
1.42.027 Vacancy filling—Unexpired terms.
Vacancies occurring other than through the expiration of terms shall be filled by appointment as
provided in YMC 1.42.025. (Ord. 2010-22 § 1 (part), 2010). Vacancies occurring otherwise than
through the expiration of terms shall be filled for the unexpired term. Members may be removed,
after public hearing, by the mayor, with the approval of the city council, for inefficiency, neglect
of duty or malfeasance in office.
1.42.028 Council liaisons
The City Council may appoint up to two councilmember liaisons to the Planning Commission.
Said liaisons are not considered members of the planning commission, shall not be entitled to
vote on any matter before the commission and shall not actively participate in any matter that
will come to the City Council for ultimate decision.
1.42.030 Duties.
The duties of the city planning commission shall be as set forth in RCW 35.63.060, by city
ordinance, or as may be assigned or requested from time to time by the city council. Such
duties include, but are not limited to:
1. Serving as the long-range planning body for the city of Yakima;
2. Monitor the growth and development of the city and continually reevaluate and recommend
to the city council revisions to the comprehensive plan and zoning ordinance for the city;
3. Develop and recommend to the city council a subdivision ordinance for the city and
revisions thereto;
4. Investigate and make recommendations on other land use matters as may be requested by
the city council or on its own initiative;
5. Study and report on all proposed text changes to land use ordinances;
6. Advise the city council on land use matters;
7. Monitor the hearings of the hearing examiner in order to remain informed on development
activities, public concerns and the decisions of the hearing examiner;
8. Work with, provide support, and give guidance to sub-committees associated with the
planning commission, as appropriate.
89. Such other planning functions as authorized or required by law or ordinance or as
requested or assigned by the city council. (Ord. 2010-22 § 1 (part), 2010: Ord. 2948 § 3 (part),
1986).
1.42.070 Yakima urban area comprehensive plan—Adoption and amendment procedures.
A. Plan Adoption. The Yakima urban area comprehensive plan (“the plan”) shall consist of the
most recently adopted and approved Yakima Urban Area Comprehensive Plan, which at the
time of this ordinance amendment is the Yakima Urban Area Comprehensive Plan 2025,
adopted by Ordinance No. 2006-62 on December 15, 2006, the Terrace Heights Neighborhood
Plan adopted on June 4, 1999 and as amended, and the West Valley Neighborhood Plan, as
adopted and amended. The plan and its elements and plans including those incorporated by
reference are hereby adopted as the official comprehensive land use plan for the city of Yakima,
as required by Chapter 36.70A RCW.
B. Plan Amendments. Requests for amendments to the Yakima urban area comprehensive
plan may be submitted in accord with YMC 16.10.030, and will be docketed for review and
acted upon as provided in RCW 36.70A.130 and YMC 16.10. Proposed amendments shall be
considered concurrently to ascertain the cumulative effect of the various proposals. Initial
adoption of subarea plans and the adoption or amendment of a shoreline master program are
not subject to the docketing requirement, and may be considered independently of the annual
amendment process. Amendments to the plan may also be considered whenever an emergency
exists, or to resolve an appeal of the plan filed with the Eastern Washington Growth
Management Hearings Board, following appropriate public participation.
C. Amendment Review Process. Proposed amendments to the plan shall be submitted to the
city of Yakima department of community and economic development, along with the required
application fee, for review by the city planning commission pursuant to YMC 16.10.050. The city
planning commission shall hold at least one public hearing to receive public testimony on
proposed amendments, and shall forward its recommendation regarding proposed amendments
to the city council, as outlined in YMC 16.10. The city council, pursuant to YMC 16.10.090, shall
hold at least one public hearing on the city planning commission’s recommendation. The city
council may refer any proposed amendment back to the city planning commission for further
consideration and recommendation. The city council may amend the plan or reject any
proposed amendments subsequent to the city council public hearing.
D. Existing Land Use Regulatory Ordinances Remain in Effect. All existing land use regulatory
ordinances and land use controls shall remain in effect, including Title 15, Yakima Urban Area
Zoning Ordinance; city of Yakima official zoning map; Title 14, Subdivisions; YMC Chapter 6.88,
Environmental Policy; and YMC Chapter 15.27, Critical Areas, until such time that these
ordinances are amended. Future land use decisions shall be based upon these ordinances, as
periodically amended.
E. Severability. If any section, sentence, clause or phrase of the adopted Yakima urban area
comprehensive plan should be held to be invalid or unconstitutional by any body or court with
authority and jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, clause or phrase of the adopted Yakima urban area
comprehensive plan.
F. Revival of 1997 Plan upon Invalidation. In the event that the 2006an updated Yakima urban
area comprehensive plan, or any portion thereof, is invalidated by the Eastern Washington
Growth Management Hearings Board, or any other body or court with authority and jurisdiction,
the 1997 prior-approved Yakima urban area comprehensive plan, or the relevant portions
thereof, shall be revived and shall be in effect until a new comprehensive plan or new relevant
portions are established. (Ord. 2013-021 § 1 (Exh. A), 2013: Ord. 2011-10 § 2, 2011; Ord. 2010-
22 § 1 (part), 2010: Ord. 99-33 § 1, 1999; Ord. 97-22 § 2, 1997: Ord. 2579 § 1, 1981: Ord. 972
§ 1, 1967: Ord. 779 §§ 1, 2, 1966).
Chapter 8.77
PUBLIC TREE ORDINANCE
Sections:
8.77.010 Purpose.
8.77.020 Definitions.
8.77.030 Creation and establishment of a city tree board.
8.77.040 Term of office.
8.77.050 Compensation.
8.77.060 Duties and responsibilities.
8.77.070 Operation.
8.77.080 Street tree species to be planted.
8.77.090 Spacing.
8.77.100 Distance from curb and sidewalk.
8.77.110 Distance from street corners and fire hydrants.
8.77.120 Utilities.
8.77.130 Public tree care.
8.77.140 Tree topping.
8.77.150 Pruning over streets and rights-of-way.
8.77.160 Dead or diseased tree removal on private property.
8.77.165 Appeal of dead or diseased tree removal on private property.
8.77.170 Review by city council.
8.77.180 Removal of stumps.
8.77.190 Interference with tree board.
8.77.200 Arborist’s license and bond.
8.77.210 Penalty.
8.77.010 Purpose.
1. The purpose of this chapter is to encourage responsible management of trees within city
parks, rights-of-way, facilities and open spaces. Proper planting, pruning, and maintenance are
required to promote the community’s tree resource and the benefits it provides.
2. The city council, city departments, and tree board recognize the need to establish a public
tree management program as part of the urban forestry program. The focus of the urban
forestry program will be balancing the needs of the community and the urban forest. (Ord. 2016-
032 § 1 (part), 2016).
8.77.020 Definitions.
The following words and phrases when used in this chapter shall have the following meanings
unless a different meaning is clearly required by the context:
“Associated vegetation” shall mean native or nonnative trees, shrubs and ground covers within
city parks, rights-of-way, facilities and open spaces.
“City” shall mean the city of Yakima.
“City arborist” shall mean the contracted or city employee who is a current certified arborist by
the International Society of Arboriculture and works under the direction of the parks and
recreation manager.
“Director” shall mean the public works director, or his or her designee.
“Hazard tree” or “hazardous tree” shall mean any tree subject to this chapter rated as such by
the city according to the tree hazard evaluation standards established by the International
Society of Arboriculture.
“Maintain” or “maintenance” shall mean the entire care of trees within city parks, rights-of-way,
and open spaces, as well as the preparation of ground, fertilizing, mulching, planting, disease
and insect control, trimming, pruning, staking, root control, watering, leaf litter, weed removal,
and removal of dead and dying trees, unless specifically so stated.
“Park trees” are herein defined as trees, shrubs, bushes and all other woody vegetation in public
parks having individual names, and all open space areas owned by the city.
“Planting” shall mean to install public trees permanently in the ground.
“Planting strip” shall mean the area available for planting including tree pits between the street
curb, the edge of the traveled portion of roadway and the property line.
“Property owner” shall mean the person owning such property as shown by the records of the
assessor’s office of Yakima County, Washington.
“Pruning” shall mean cutting or removing any part of the branching structure of a plant in the
crown, trunk, and/or root areas as per the best management practices from the American
National Standard for Tree Care Operations pruning standards for tree care operators.
“Public trees” shall mean all trees within city parks, rights-of-way, and open spaces.
“Removal” shall mean removal of a tree within city parks, rights-of-way, and open spaces.
“Responsible official” means that the public works director will perform as the “responsible
official” in cooperation with the parks and recreation manager. The public works director shall
have the final authority on interpretation and enforcement of this chapter. The city arborist is
designated as the person who advises the parks and recreation manager, and director on public
tree related issues.
“Street trees” are herein defined as trees, shrubs, bushes, and all other woody vegetation on
land lying between property lines on either side of all streets, avenues, or ways within the city.
(Ord. 2016-032 § 1 (part), 2016).
8.77.030 Creation and establishment of a city tree board.
There is hereby created and established a tree board for the city of Yakima, Washington, which
shall consist of five members. One of the members of the tree board shall be the city arborist.
One of the members of the tree board shall be recommended by the Yakima arboretum. At least
two of the seats on the board shall be filled by tree care specialists. The tree board shall consist
of city residents, except in the case of the tree care specialists and the member recommended
by the Yakima arboretum. The city should, however, fill the seats on the tree board with city
residents when possible. (Ord. 2020-004 § 1, 2020: Ord. 2016-032 § 1 (part), 2016).
8.77.040 Term of office.
The term of the five persons to be appointed by the mayor shall be three years except that the
term of two of the members appointed to the first board shall be for only one year and the term
of two members of the first board shall be for two years. In the event that a vacancy shall occur
during the term of any member, his or her successor shall be appointed for the unexpired
portion of the term. (Ord. 2016-032 § 1 (part), 2016).
8.77.050 Compensation.
Members of the board shall serve without compensation. (Ord. 2016-032 § 1 (part), 2016).
8.77.060 Duties and responsibilities.
It shall be the responsibility of the tree board to study, investigate, develop, update, and
administer a written plan for the care, preservation, pruning, planting, replanting, removal or
disposition of trees and shrubs in parks, along streets and in other city-owned public areas.
Such plan will be presented annually to the city council and the Yakima Planning Commission,
and upon city council’s acceptance and approval shall constitute the official comprehensive city
tree plan for the city of Yakima, Washington. The tree board, when requested by the city
council, shall consider, investigate, make findings, report and make recommendations regarding
any special matter or question coming within the scope of its work and/or work with the Yakima
Planning Commission on matters of relevance to both groups. The tree board shall be a
subcommittee of the Yakima Planning Commission. (Ord. 2016-032 § 1 (part), 2016).
8.77.070 Operation.
The tree board shall choose its own officers, make its own rules and regulations and keep
minutes of its proceedings. Minutes of its proceedings shall be forwarded to the Yak ima city
clerk. All meetings shall be held at Yakima City Hall after appropriate notice is provided to the
public of the meeting time and date. All meetings shall be open to the public and comply with
the Open Public Meetings Act. The tree board shall be subject to the Public Records Act. A
majority of the members shall be a quorum for the transaction of business. (Ord. 2016-032 § 1
(part), 2016).
8.77.080 Street tree species to be planted.
The city of Yakima public works department shall maintain a list of approved street trees
species for the city. Upon establishment of the tree board, the tree board shall review the list of
currently approved trees, and provide the city arborist and director with a report of
recommendations for additional trees to be added and/or removed from the list of approved
trees. No species other than those included in this list may be planted as street trees without
written permission of the tree board. (Ord. 2016-032 § 1 (part), 2016).
8.77.090 Spacing.
The spacing of street trees will be in accordance with the species size classes (small, medium,
and large) as identified by the list of approved street trees on file with the city public works
office, and no trees may be planted closer together than the following: small trees, thirty feet;
medium trees, forty feet; and large trees, fifty feet; except in special plantings designed or
approved by a landscape architect. (Ord. 2016-032 § 1 (part), 2016).
8.77.100 Distance from curb and sidewalk.
The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance
with the three species size classes identified by the list of approved street trees: small, medium,
and large, and no trees may be planted closer to any curb or sidewalk than the following: small
trees, two feet; medium trees, three feet; and large trees, four feet. (Ord. 2016-032 § 1 (part),
2016).
8.77.110 Distance from street corners and fire hydrants.
No street tree shall be planted closer than thirty-five feet from any street corner, measured from
the point of nearest intersecting curbs or curb lines. No street tree shall be planted closer than
ten feet from any fire hydrant. (Ord. 2016-032 § 1 (part), 2016).
8.77.120 Utilities.
No street trees other than those species listed as small trees on the city’s list of approved street
trees may be planted under or within ten lateral feet of any overhead utility wire, or over or
within five lateral feet of any underground water line, sewer line, transmission line or other utility.
(Ord. 2016-032 § 1 (part), 2016).
8.77.130 Public tree care.
1. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs
within the lines of all city streets, alleys, avenues, lanes, squares and public grounds, as may be
necessary to insure public safety or to preserve or enhance the symmetry and beauty of such
public grounds.
2. The tree board may provide a written recommendation to the city arborist for the removal of
any tree or part thereof which is in an unsafe condition or which by reason of its nature is
injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or
is affected with any injurious fungus, insect or other pest. Upon receiving the tree board’s
recommendation, the city arborist shall forward the board’s recommendation to the director who
shall make the final decision to remove the tree, and the method for removal. In the event that
the hazard tree is a street tree, the tree shall be removed in accordance with
YMC 8.80.080 and 8.80.200. This section does not prohibit the planting of street trees by
adjacent property owners providing that the selection and location of said trees is in accordance
with YMC 8.77.080 through 8.77.120. (Ord. 2016-032 § 1 (part), 2016).
8.77.140 Tree topping.
It shall be unlawful as a normal practice for any person, firm, or city department to top any street
tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of
limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so
as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or
other causes, or certain trees under utility wires or other obstructions where other pruning
practices are impractical, may be exempted from this chapter by the recommendation of the tree
board, and approved by the director. (Ord. 2016-032 § 1 (part), 2016).
8.77.150 Pruning over streets and rights-of-way.
Every owner of any tree overhanging any street or right-of-way within the city shall prune the
branches so that such branches shall not obstruct the light from any street lamp or obstruct the
view of any street intersection and so that there shall be a clear space of eight feet above the
surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous
trees, or broken or decayed limbs, which constitute a menace to the safety of the public. The
city shall have the right to prune any tree or shrub on private property which overhangs public
right-of-way or interferes with the public health and/or safety of the public in accordance with
YMC 8.80.080. (Ord. 2016-032 § 1 (part), 2016).
8.77.160 Dead or diseased tree removal on private property.
The city shall have the right to cause the removal of any dead or diseased trees on private
property within the city when such trees constitute a hazard to life and property, or harbor
insects or disease, which constitute a potential threat to other trees within the city. The tree
board will notify in writing the city arborist of the location of the tree, which needs removal. The
city arborist will then conduct an assessment of the tree, and provide the director a written
report and recommendation as to the disposition of the tree. In the event that the director
decides that the tree should be removed, the owners of such tree shall be notified in writing by
hand delivery, or by regular and certified mail. Removal shall be done by said owners at their
own expense within sixty days after the date of service of notice. In the event of failure of
owners to comply with such provisions, the city shall have the authority to remove such trees
and charge the cost of removal. If the cost of removal is not paid within thirty days of invoice, the
costs of removal shall constitute a lien on the owners’ property. (Ord. 2016-032 § 1 (part),
2016).
8.77.165 Appeal of dead or diseased tree removal on private property.*
In the event that the property owner does not agree with the recommendation of the city arborist
and decision of the director, the property owner may submit a letter of appeal to the director
within fourteen calendar days of the date of the notice of removal. The letter shall outline why
the property owner does not agree with the recommendation, and include as an attachment any
report of any expert retained by the property owner. Upon receipt of the letter of appeal, the
director, or his or her designee, shall schedule an open record public hearing before the tree
board at its next available meeting. Notice of the public hearing shall be provided to the
appellant no later than ten business days prior to the public hearing. The appellant and their tree
care representative and/or expert shall appear before the tree board and present evidence
outlining why the identified tree does not qualify for removal under YMC 8.77.160. The tree
board shall have ten business days to provide the property owner with the tree board’s
determination. Upon receipt of the tree board’s determination, the director shall modify his or her
decision, if necessary, based on the tree board’s determination. (Ord. 2016-032 § 1 (part),
2016).
* Code reviser’s note: Ord. 2016-032 adds these provisions as Section 8.77.160. The
section has been renumbered to avoid duplication of numbering.
8.77.170 Review by city council.
A decision to remove a dead or diseased tree made by the tree board after appeal pursuant to
YMC 8.77.165 may be appealed by filing a notice of appeal with the city clerk within twenty days
of the date of the decision. Any appeals of the tree board’s decisions shall be made in a closed
record public hearing heard by the Yakima city council. (Ord. 2016-032 § 1 (part), 2016).
8.77.180 Removal of stumps.
All stumps of street trees and park trees shall be removed below the surface of the ground so
that the top of the stump shall not project above the surface of the ground. (Ord. 2016-032 § 1
(part), 2016).
8.77.190 Interference with tree board.
It shall be unlawful for any person to prevent, delay or interfere with a city employee, tree board
member, or any of its agents or contractors while engaging in the planting, cultivating, mulching,
pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as
authorized in this chapter. (Ord. 2016-032 § 1 (part), 2016).
8.77.200 Arborist’s license and bond.
It shall be unlawful for any person or firm to engage in the business or occupation of pruning,
treating, or removing street trees or park trees within the city without first obtaining all necessary
Washington State licenses and a city of Yakima business license in accordance with YMC
Chapter 5.52; however, no license shall be required of any public service company or city
employee doing such work in the pursuit of their public service endeavors. (Ord. 2016-032 § 1
(part), 2016).
8.77.210 Penalty.
A violation of this chapter shall be a civil infraction subject to a maximum penalty of two hundred
fifty dollars per violation. Each day in which any violation shall continue shall be deemed a
separate offense. (Ord. 2016-032 § 1 (part), 2016).
Chapter 11.62
HISTORIC PRESERVATION ORDINANCE FOR SPECIAL VALUATION
Sections:
11.62.010 Purpose.
11.62.020 Short title.
11.62.025 Applicability.
11.62.030 Definitions.
11.62.040 Yakima historic preservation commission.
11.62.045 Yakima register of historic places.
11.62.050 Review of changes to Yakima register of historic places properties.
11.62.060 Review and monitoring of properties for special property tax valuation.
11.62.010 Purpose.
The purpose of this chapter is to provide for the identification, evaluation, designation, and
protection of designated historic and prehistoric resources within the boundaries of the city of
Yakima and preserve and rehabilitate eligible historic properties within the city of Yakima for
future generations through special valuation, a property tax incentive, as provided in
Chapter 84.26 RCW in order to:
A. Safeguard the heritage of Yakima as represented by those buildings, districts, objects, sites
and structures which reflect significant elements of Yakima history;
B. Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a
sense of identity based on Yakima history;
C. Stabilize or improve the aesthetic and economic vitality and values of such sites,
improvements and objects;
D. Encourage capital investment in the rehabilitation of real property and assist in strategic
economic development through the creation of jobs, construction spending and physical
improvement within Yakima;
E. Promote fundamental growth management principles and the development of sound tools
for land use planning, urban design and environmental protections;
F. Conserve valuable material and energy resources by ongoing use and maintenance of the
existing built environment; and
G. Assist, encourage and provide incentives to private owners for preservation, rehabilitation,
restoration, redevelopment, and use of historic buildings, districts, objects, sites and structures.
(Ord. 2015-004 § 1 (Exh. A) (part), 2015: Ord. 2011-28 § 1 (Exh. A) (part), 2011: Ord. 2005-02 §
2 (part), 2005).
11.62.020 Short title.
The following sections shall be known and may be cited as the “historic preservation ordinance
of Yakima.” (Ord. 2015-004 § 1 (Exh. A) (part), 2015: Ord. 2011-28 § 1 (Exh. A) (part), 2011:
Ord. 2005-02 § 2 (part), 2005).
11.62.025 Applicability.
This chapter applies to any property which falls into the following categories:
A. Property listed or eligible to be listed on the Yakima historic inventory;
B. Property listed or eligible to be listed on the Yakima register of historic places, National
Register of Historic Places, or Washington Heritage Register. (Ord. 2015-004 § 1 (Exh. A)
(part), 2015: Ord. 2011-28 § 1 (Exh. A) (part), 2011: Ord. 2005-02 § 2 (part), 2005).
11.62.030 Definitions.
The following words and terms when used in this chapter shall mean as follows, unless a
different meaning clearly appears from the context:
A. “Actual cost of rehabilitation” means costs incurred within twenty-four months prior to the
date of application and directly resulting from one or more of the following:
1. Improvements to an existing building located on or within the perimeters of the original
structure; or
2. Improvements outside of but directly attached to the original structure which are
necessary to make the building fully usable but shall not include rentable/habitable floor
space attributable to new construction; or
3. Architectural and engineering services attributable to the design of the improvements;
or
4. All costs defined as qualified rehabilitation expenditures for purposes of the federal
historic preservation investment tax credit.
B. A “building” is a structure constructed by human beings. This includes both residential and
nonresidential buildings, main and accessory buildings.
C. “Certificate of appropriateness” means the document indicating that the commission has
reviewed the proposed changes to a local register property or within a local register historic
district and certified the changes as not adversely affecting the historic characteristics of the
property which contribute to its designation.
D. “Certified local government” or “CLG” means the designation reflecting that the local
government has been jointly certified by the State Historic Preservation Officer and the National
Park Service as having established its own historic preservation commission and a program
meeting federal and state standards.
E. “Class of properties eligible to apply for special valuation in Yakima” means only all
properties in Yakima listed on the Yakima and National Registers of Historic Places or
properties certified as contributing to a Yakima or National Register Historic District which have
been substantially rehabilitated at a cost and within a time period which meets the requirements
set forth in Chapter 84.26 RCW.
F. “Contributing property” means any property within a historic district which is documented in
the Yakima or National Register of Historic Places to contribute architecturally, historically,
and/or culturally to the historic character of the district, and properties that date from the historic
period of significance for the historic district and retain integrity of materials, place, or setting.
G. “Cost” means the actual cost of rehabilitation, which cost shall be at least twenty-five
percent of the assessed valuation of the historic property, exclusive of the assessed value
attributable to the land, prior to rehabilitation.
H. A “district” is a geographically definable area—urban or rural, small or large, possessing a
significant concentration, linkage, or continuity of sites, buildings, structures, and/or objects
united by past events or aesthetically by plan or physical development.
I. “Emergency repair” means work necessary to prevent destruction or dilapidation of real
property or structural appurtenances thereto immediately threatened or damaged by fire, flood,
earthquake or other disaster.
J. “Historic property” means real property together with improvements thereon, except
property listed in a register primarily for objects buried below ground, which is listed in the
Yakima register of historic places or on the National Register of Historic Places.
K. “Incentives” are such rights or privileges or combination thereof which the Yakima city
council, or other local, state, or federal public body or agency, by virtue of applicable present or
future legislation, may be authorized to grant or obtain for the owner(s) of register properties.
Examples of economic incentives include but are not limited to tax relief, conditional use
permits, rezoning, street vacation, planned unit development, transfer of development rights,
facade easements, gifts, preferential leasing policies, beneficial placement of public
improvements or amenities, or the like.
L. “Local review board” or “board” used in Chapter 84.26 RCW and Chapter 254-20 WAC for
the special valuation of historic properties means the commission created in YMC 11.62.040.
M. “National Register of Historic Places” means the national listing of properties significant to
our cultural history because of their documented importance to our history, architectural history,
engineering, or cultural heritage.
N. “Noncontributing property” means a property within a historic district which is documented
in the Yakima or National Register of Historic Places as not contributing architecturally,
historically, and/or culturally to the historic character of a historic district.
O. An “object” is a thing of functional, aesthetic, cultural, historical, or scientific value that may
be, by nature or design, movable yet related to a specific setting or environment.
P. “Ordinary repair and maintenance” means work for which a permit issued by the city of
Yakima is not required by law, and where the purpose and effect of such work is to correct any
deterioration or decay of or damage to the real property or structure appurtenance therein and
to restore the same, as nearly as may be practicable, to the condition prior to the occurrence of
such deterioration, decay, or damage.
Q. “Owner” of property is the fee simple owner of record as exists on the Yakima County
assessor’s records.
R. “Significance” or “significant” used in the context of historic significance means the
following: a property with local, state, or national significance is one which helps in the
understanding of the history or prehistory of the local area, state, or nation (whichever is
applicable) by illuminating the local, statewide, or nationwide impact of the events or persons
associated with the property, or its architectural type or style in information potential. The local
area can include the city of Yakima, Yakima County, or south central Washington, or a modest
geographic or cultural area, such as a neighborhood. Local significance may apply to a property
that illustrates a theme that is important to one or more localities, state significance to a theme
important to the history of the state, and national significance to property of exceptional value in
representing or illustrating an important theme in the history of the nation.
S. A “site” is a place where a significant event or pattern of events occurred. It may be the
location of prehistoric or historic occupation or activities that may be marked by physical
remains, or it may be the symbolic focus of a significant event or pattern of events that may not
have been actively occupied. A site may be the location of ruined or now nonextant building or
structure if the location itself possesses historic cultural or archaeological significance.
T. “Special valuation for historic properties” or “special valuation” means the local option
program which when implemented makes available to property owners a special tax valuation
for rehabilitation of historic properties under which the assessed value of an eligible historic
property is determined at a rate that excludes, for up to ten years, the actual cost of the
rehabilitation.
U. A “structure” is a work made up of interdependent and interrelated parts in a definite
pattern of organization. Generally constructed by human beings, it is often an engineering
project.
V. “Waiver of a certificate of appropriateness” or “waiver” means the document indicating that
the commission has reviewed the proposed whole or partial demolition of a local register
property or a contributing property in a local register historic district and failing to find
alternatives to demolition has issued a waiver of a certificate of appropriateness which allows
the building or zoning official to issue a permit for demolition.
W. “Washington Heritage Register” means the state listing of properties significant to the
community, state, or nation but which may or may not meet the criteria of the National Register.
X. “Washington State Advisory Council’s Standards for the Rehabilitation and Maintenance of
Historic Properties” or “State Advisory Council’s Standards” means the rehabilitation and
maintenance standards used by the Yakima historic preservation commission as minimum
requirements for determining whether or not a historic property is eligible for special valuation
and whether or not the property continues to be eligible for special valuation once it has been so
classified.
Y. “Yakima historic inventory” or “inventory” means the comprehensive inventory of historic
and prehistoric resources within the boundaries of Yakima.
Z. “Yakima historic preservation commission” or “commission” means the commission created
by YMC 11.62.040.
AA. “Yakima register of historic places,” “local register,” or “register” means the listing of
locally designated properties provided for in YMC 11.62.045. (Ord. 2015-004 § 1 (Exh. A) (part),
2015: Ord. 2011-28 § 1 (Exh. A) (part), 2011: Ord. 2005-02 § 2 (part), 2005).
11.62.040 Yakima historic preservation commission.
A. Creation and Size. There is hereby established a Yakima historic preservation commission
consisting of five members, as provided in subsection B of this section. Members of the Yakima
historic preservation commission shall be appointed by the mayor with the approval of the
Yakima city council and shall be residents of the city of Yakima.
B. Composition of the Commission.
(1) All members of the commission must have a demonstrated interest and competence
in historic preservation, history, urban planning, or architecture and possess qualities of
impartiality and broad judgment.
(2) The commission shall always include at least one professional who has experience
in identifying, evaluating, and protecting historic resources and are selected from among
the disciplines of history, architecture, architectural history, landscape architecture, historic
preservation, planning, folklore, cultural anthropology, prehistoric and historic archaeology,
American studies, curation, traditional building crafts, the practice of historic rehabilitation
or restoration, finance and banking, law, and real estate, or related disciplines. The
commission action that would otherwise be valid shall not be rendered invalid by the
temporary vacancy of one or all of the professional positions, unless the commission
action is related to meeting certified local government (CLG) responsibilities cited in the
certification agreement between the mayor of Yakima and the State Historic Preservation
Officer on behalf of the state. Furthermore, exception to the residency requirement of
commission members may be granted by the mayor of Yakima with the approval of the
Yakima city council in order to obtain representatives from these disciplines.
(3) In making appointments, the mayor may consider names submitted from any source,
but the mayor shall notify Yakima history, heritage, preservation, and development related
organizations of vacancies so that names of interested and qualified individuals may be
submitted by such organizations for consideration along with names from any other
source.
C. Terms. The initial appointments to the commission shall be staggered. Two members shall
be appointed for one year, three members shall be appointed for two years, and two members
shall be appointed for four years. Thereafter, the terms shall be made for four years. There shall
be no consecutive term limit for membership on the commission. Vacancies shall be filled by the
mayor with the approval of the council for a new or unexpired term in the same manner as the
original appointment.
D. Powers and Duties. The major responsibility of the historic preservation commission is to
identify and actively encourage the conservation of Yakima’s historic resources by initiating and
maintaining a register of historic places and reviewing proposed changes to register properties,
to raise community awareness of Yakima’s history and historic resources, and to serve as
Yakima’s primary resource in matters of history, historic planning, and preservation.
In carrying out these responsibilities, the commission shall engage in the following:
(1) Conduct and maintain a comprehensive inventory of historic resources within the
boundaries of the city of Yakima and known as the Yakima historic inventory, and
publicize and periodically update inventory results. Properties listed on the inventory shall
be recorded on official zoning records with an “HI” (for historic inventory designation). This
designation shall not change or modify the underlying zone classification.
(2) Initiate and maintain the Yakima register of historic places. This official register shall
be compiled of buildings, structures, sites, objects, and districts identified by the
commission as having historic significance worthy of recognition and protection by the city
of Yakima and encouragement of efforts by owners to maintain, rehabilitate, and preserve
properties.
(3) Review nominations to the Yakima register of historic places according to criteria in
YMC 11.62.045 and adopt standards in its rules to be used to guide this review.
(4) Review proposals to construct, change, alter, modify, remodel, move, demolish, or
significantly affect properties or districts on the register as provided in YMC 11.62.050 and
adopt standards and design guidelines in its rules to be used to guide this review and the
issuance of a certificate of appropriateness or waiver.
(5) Provide for the review either by the commission or its staff of all applications for
approvals, permits, environmental assessments or impact statements, and other similar
documents pertaining to identified historic resources.
(6) Conduct all commission meetings in compliance with Chapter 42.30 RCW, Open
Public Meetings Act, to provide for adequate public participation and adopt standards in its
rules to guide this action.
(7) Participate in, promote and conduct public information, educational and interpretive
programs pertaining to historic and prehistoric resources.
(8) Establish liaison support, communication and cooperation with federal, state, and
other local government entities which will further historic preservation objectives, including
public education, within the city of Yakima.
(9) Serve as a subcommittee to the Yakima Planning Commission to rReview and
comment to the Yakima city councilPlanning Commission on land use, housing and
redevelopment, economic development strategies, municipal improvements and other
types of planning and programs undertaken by agencies of the city of Yakima, other
neighboring communities, Yakima County, the state or federal governments, as they relate
to historic resources of the city of Yakima.
(10) Advise the Yakima Planning Commission, and/or the Yakima city council and the
mayor of Yakima generally on matters of Yakima history and historic preservation.
(11) Perform other related functions assigned to the commission by the Yakima city
council.
(12) Provide information to the public on methods of maintaining and rehabilitating
historic properties. This may take the form of pamphlets, newsletters, workshops,
websites, or similar activities.
(13) Officially recognize excellence in the rehabilitation of historic buildings, structures,
sites and districts, and new construction in historic areas and encourage appropriate
measures for such recognition.
(14) Be informed about and provide information to the public, the Yakima Planning
Commission, and city of Yakima departments on incentives for preservation of historic
resources including legislation, regulations and codes which encourage the use and
adaptive reuse of historic properties.
(15) Review nominations to the State and National Registers of Historic Places.
(16) Investigate and report to the Yakima Planning Commission and/or the Yakima city
council on the use of various federal, state, local or private funding sources available to
promote historic resource preservation in the city of Yakima.
(17) Serve as the local review board for special valuation and:
a. Make determination concerning the eligibility of historic properties for special
valuation;
b. Verify that the improvements are consistent with the Washington State Advisory
Council’s standards for rehabilitation and maintenance;
c. Enter into agreements with property owners for the duration of the special
valuation period as required under WAC 254-20-070(2);
d. Approve or deny applications for special valuation;
e. Monitor the property for continued compliance with the agreement and statutory
eligibility requirements during the ten-year special valuation period; and
f. Adopt bylaws and/or administrative rules and comply with all other board
responsibilities identified in Chapter 84.26 RCW.
(18) Provide a yearly report to the Yakima Planning Commission regarding the
activities undertaken in the previous twelve (12) months, or report more often if
requested by the Yakima Planning Commission or the Yakima City Council.
E. Compensation. All members shall serve without compensation.
F. Rules and Officers. The commission shall establish and adopt its own rules of procedure,
and shall select from among its membership a chairperson and such other officers as may be
necessary to conduct the commission’s business.
G. Commission Staff. Commission and professional staff assistance shall may be provided by
the department of community development, or other department as designated by the city
manager, with additional assistance and information to be provided by other city departments as
may be necessary to aid the commission in carrying out its duties and responsibilities under this
chapter. (Ord. 2019-017 § 1, 2019: Ord. 2015-004 § 1 (Exh. A) (part), 2015: Ord. 2013-22 § 1,
2013: Ord. 2011-28 § 1 (Exh. A) (part), 2011: Ord. 2005-02 § 2 (part), 2005).
11.62.045 Yakima register of historic places.
A. Criteria for Determining Designation in the Register. Any building, structure, site, object, or
district may be designated for inclusion in the Yakima register of historic places if it is
significantly associated with the history, architecture, archaeology, engineering, or cultural
heritage of the community; if it has integrity; is at least forty years old, or is of lesser age and
has exceptional importance; and if it falls in at least one of the following categories:
(1) Is associated with events that have made a significant contribution to the broad
patterns of national, state, or local history.
(2) Embodies the distinctive architectural characteristics of a type, period, style, or
method of design or construction, or represents a significant and distinguishable entity
whose components may lack individual distinction.
(3) Is an outstanding work of a designer, builder, or architect who has made a
substantial contribution to the art.
(4) Exemplifies or reflects special elements of Yakima’s cultural, special, economic,
political, aesthetic, engineering, or architectural history.
(5) Is associated with the lives of persons significant in national, state, or local history.
(6) Has yielded or may be likely to yield important archaeological information related to
history or prehistory.
(7) Is a building or structure removed from its original location but which is significant
primarily for architectural value, or which is the only surviving structure significantly
associated with a historic person or event.
(8) Is a birthplace or grave of a historical figure of outstanding importance and is the only
surviving structure or site associated with that person.
(9) Is a cemetery which derives its primary significance from age, from distinctive design
features, or from association with historic events, or cultural patterns.
(10) Is a creative and unique example of folk or vernacular architecture and design
created by persons not formally trained in the architectural or design professions, and
which does not fit into formal architectural or historical categories.
B. Process for Designating Properties or Districts to the Yakima Register of Historic Places.
(1) Any person may nominate a building, structure, site, object, or district for inclusion in
the Yakima register of historic places. Members of the historic preservation commission or
the commission as a whole may generate nominations. In its designation decision, the
commission shall consider the Yakima historic inventory and the Yakima comprehensive
plan.
(2) Applications for nominations must bear the signature of the property owner(s) of
record of the subject property as indicated by the records of the Yakima County auditor. In
the case of districts, applications for nomination of districts or additions to an existing
district must bear the signatures of the owners of a majority of the properties within the
proposed district or area to be added to an existing district. At least sixty percent of the
properties within such proposed district or area to be added to an existing district shall be
contributing properties. Applications shall be on forms and include information and
documentation supporting the historic significance of the building, structure, site, object, or
district.
(3) In the case of individual properties, the designation shall include the legal description
and all features—interior and exterior—and outbuildings that contribute to its designation.
(4) In the case of districts, the designation shall include description of the boundaries of
the district, the characteristics of the district which justify its designation, a list of all
contributing properties including features, structures, sites, and objects which contribute to
the designation of the district, and a list of all noncontributing properties.
(5) The commission shall consider the merits of the nomination, according to the criteria
in subsection A of this section and according to the nomination review standards
established in rules, at an open record public hearing. At least ten days prior to the
hearing, written notice by first-class mail of the time, date, place, and subject of the
hearing will be given to all owners of record of the subject property as indicated by the
records of the Yakima County auditor, the authors of the nomination, if different, and
lessees, if any, of the subject property. Public notice of the hearing shall also be provided
and shall include, at least ten days prior to the hearing, publication in a newspaper of
general circulation in Yakima and posting of the property.
The commission shall, by a majority vote of its members, make a written recommendation to the
city council that the nomination of the subject property be approved or rejected for listing on the
Yakima register of historic places. The recommendation shall set forth findings of fact which
constitute the basis for the recommendation.
(6) Upon receipt of the commission’s recommendation, the city council shall approve,
reject or refer the recommendation back to the commission for further consideration, as
the council deems appropriate. Approval of a recommendation to designate a property for
listing on the register shall be done by city council adoption of a resolution designating the
building, structure, site, object, or district for listing on the Yakima register of historic
places.
(7) Properties listed on the Yakima register of historic places shall be recorded on official
zoning records with an “HR” (for historic register) designation. This designation shall not
change or modify the underlying zone classification.
C. Removal of Properties from the Register.
(1) In the event that any property is no longer deemed appropriate for designation or no
longer meets the eligibility requirements for the Yakima register of historic places, the
commission may initiate removal from such designation by the same procedure as
provided for in establishing the designation in subsection B of this section.
(2) Additionally, and except to the extent that a property is subject to a historic
preservation special valuation agreement entered into under the authority of
YMC 11.62.060 and applicable state law, the property owner(s) of record (as indicated by
the records of the Yakima County auditor) of a property listed on the Yakima register of
historic places may make a written request to have said property removed from the
register. The written request must be signed by said property owner(s) and notarized.
Upon receipt of such a properly notarized written request, the commission shall
immediately remove the property from the register.
(3) Additionally, and except to the extent that a property is subject to a historic
preservation special valuation agreement entered into under the authority of
YMC 11.62.060 and applicable state law, the property owner(s) of record (as indicated by
the records of the Yakima County auditor) of a contributing property in an existing historic
district may make a written request to have said property changed from contributing to
noncontributing status. The written request must be signed by said property owner(s) and
notarized. Upon receipt of such a properly notarized written request, the commission shall
immediately change the status of the subject property from contributing to noncontributing.
D. Change of Status from Noncontributing to Contributing within a District. The owner(s) of
record of a noncontributing property within a district may submit an application to the
commission for change of status of the property from noncontributing to contributing. The
application shall identify all features of historical significance of the property in accordance with
subsection A of this section and shall include the legal description and all features—interior and
exterior—and outbuildings that contribute to its proposed designation as a contributing property.
The commission shall consider the merits of the application according to the criteria in
subsection A of this section and according to any review standards established in rules at an
open meeting. This action shall be deemed a Type II commission review subject to the
procedures of YMC 11.62.050(C)(4).
E. Effects of Listing on the Register.
(1) Listing on the Yakima register of historic places is an honorary designation denoting
significant association with the historic, archaeological, engineering, or cultural heritage of
the community. Properties are listed individually or as contributing properties to a historic
district.
(2) Prior to the commencement of any work on a register property, or any contributing
property in a district, excluding ordinary repair and maintenance and emergency measures
defined in YMC 11.62.030 and the exemptions stated in YMC 11.62.050, the owner must
request and receive a certificate of appropriateness from the commission for the proposed
work. Violation of this rule shall be grounds for the commission to review the property for
removal from the register.
(3) Prior to whole or partial demolition of a register property or contributing property
within a district, the owner must request and receive a waiver of a certificate of
appropriateness.
(4) Because Yakima is certified as a certified local government (CLG), all qualifying
properties listed on the Yakima and National Registers of Historic Places may be eligible
for special tax valuation on their rehabilitation under YMC 11.62.060. (Ord. 2015-004 § 1
(Exh. A) (part), 2015: Ord. 2011-28 § 1 (Exh. A) (part), 2011: Ord. 2005-02 § 2 (part),
2005).
11.62.050 Review of changes to Yakima register of historic places properties.
To achieve the comprehensive plan and historic preservation goals and to safeguard the
heritage of Yakima, a two-part evaluation system shall be followed:
(1) The identification of those materials, features and combinations of features that give
significance to property(ies) or districts on the Yakima register of historic places.
(2) Assessing the potential impact or effect of rehabilitation work necessary for efficient
contemporary utilization of the property.
The historic character of a property or district is defined by many features: materials, style,
method of construction, composition and decorative features; the presence of architectural
metals; window number, arrangements and styles (fenestration); entrances and porches,
storefronts on commercial buildings, internal arrangement and detailing; and the historic
relationship between buildings, landscape features and open space, as well as many other
materials and features, can all contribute to a property’s character.
After identifying the distinguishing historic characteristics of a property subject to the design
review process, retention and preservation of those features and materials are the primary goals
of the design review effort.
This is accomplished through the review process individual to each property. Preferred
approaches to the treatment of properties, specified by the Secretary of the Interior, are
common to each property. These are, in descending order of preference: (1) protecting and
maintaining, (2) repairing, (3) replacing in kind, (4) design for missing features, and (5)
alterations and additions to historic buildings. The guidelines for the above are listed in the
“rules and procedures” adopted herewith.
A. Review Required. Except as provided in subsection B of this section, no person shall
construct any new building or structure, or reconstruct, alter, restore, remodel, repair, move,
demolish or make any material change affecting significant historic features as listed in the
designation form(s) to any existing property on the Yakima register of historic places or
contributing property within a historic district on the Yakima register without review by the
commission and without receipt of a certificate of appropriateness, or in the case of demolition,
a waiver of certificate of appropriateness, as a result of the review. The review shall apply to all
features of the property, interior and exterior, that contribute to its designation and are listed on
the designation. Material, documents and other information required by the commission to
review the proposed changes shall be established in its rules and procedures. A preapplication
conference is recommended but is at the request of the applicant.
B. Exemptions. The following activities do not require a certificate of appropriateness or
review by the commission:
(1) Ordinary repairs and maintenance which do not affect significant historic features,
including painting, or emergency measures as defined in YMC 11.62.030.
(2) Ordinary repairs and maintenance which do not alter the appearance of a significant
feature and do not utilize substitute materials.
(3) If there are not interior features of significance, repairs to or replacement of utility
systems and interior modifications to existing structures.
(4) Any construction, reconstruction, alteration, restoration, remodeling, repairs, or
alterations to noncontributing properties within a district as defined by the district inventory
adopted by the commission and kept on file at the historic preservation office.
(5) The installation, alteration, or repair of public and private plumbing, sewer, water and
gas piping systems, where no right-of-way restoration is required.
(6) The installation, alteration, or repair of public and private electrical, telephone, and
cable television wiring systems. The installation of solar panels, wind generators and
cellular antenna towers is not exempt.
(7) The landscaping of private residences, unless such landscaping or landscaping
elements are listed as features of historical significance of the property in the historic
property inventory report maintained by the commission.
(8) The maintenance of existing parking conditions and configurations, including curb
cuts, driveways, alleys, and parking lots.
(9) Signs not exceeding the limitations for a home occupation permit and those installed
by the city for directional and locational purposes.
(10) The following types of projects within the public rights-of-way: ADA accessibility
ramps and installations, in-road work, traffic signaling equipment, utility markers, and
equipment required by the United States Postal Service.
C. Review Process.
(1) Requests for Review and Issuance of a Certificate of Appropriateness or Waiver.
(a) Procedure When City Permit Required. The director of community development
or his/her designee shall initially review any application for a permit to work on a
designated Yakima register of historic places property or contributing property in a
Yakima register historic district. For any work not exempt from commission review as
determined by the city, the director of community development or his/her designee
shall report to the commission the application for a permit to work on a designated
Yakima register of historic places property or in a Yakima register historic district. The
commission or staff shall notify the applicant of the review requirements. The director
of community development or his/her designee shall not issue any such permit until a
certificate of appropriateness or a waiver is received from the commission but shall
work with the commission in considering building and fire code requirements.
(b) Procedure When No City Permit Required. In the event the director of
community development is informed that work not requiring a city permit is proposed
or has been performed on any existing property listed in the Yakima register of
historic places or contributing property within a historic district on the Yakima register,
the director of community development or his designee shall notify the commission.
Upon receipt of such notification, or upon its own receipt of information that such
work is proposed or has been performed, the commission may thereupon review the
scope of proposed or performed work, determine whether a certificate of
appropriateness or waiver is required, and invoke any procedure or procedures
authorized in this chapter or law to require review, modify the work to conform to
applicable standards, remove such property from the Yakima register of historic
places, and/or initiate procedures to disqualify the property from special property tax
valuation pursuant to YMC 11.62.060.
Nothing in this section shall be construed to impose any duty or obligation upon the city to
assure compliance with this chapter by owners or occupants of properties designated in
any register of historic places or in a registered historic district, nor to create any special
relationship with the commission, any third party, property owner, or owner of property
within a historic district to assure compliance with this chapter. The duties and obligations
of the city in this chapter are duties owed to the public and not to individual members
thereof. The city shall be entitled to interpret and enforce its code provisions and this
chapter in accordance with applicable law and procedures.
(2) There shall be two types of reviews for issuance of a certificate of appropriateness:
a. Type I. An administrative review by commission staff for repairs and
replacements in kind as listed below, but not limited to, the following:
i. Repairs (other than ordinary repair and maintenance) using the same
materials and design as the original;
ii. Reroofing using the same type of material;
iii. Replacement of sidewalks and driveways using the same type of materials;
iv. Replacement of foundations or major portions thereof, using the same type
of materials;
v. Replacement of utility systems if contributing interior features of significance
are present;
vi. Structural or seismic upgrades which do not alter or affect significant
features.
b. Type II. A public meeting review by the commission is required for any alteration
in the appearance of a significant contributing feature, the replacement of historic
material (other than in kind) in a significant feature, and/or additions to a Yakima
register property; new construction on a Yakima register property or in a historic
district; demolition or removal of a Yakima register property; or any excavation on an
archaeological site.
When a certificate of appropriateness is required, the following procedures shall govern
according to the type of review required.
(3) Type I Commission Staff Review. A Type I application for review for certificates of
appropriateness shall be reviewed by the commission staff.
a. The property owner or his/her agent shall file an application with the commission
staff on a form provided by the commission. At a minimum, applications shall be
accompanied by the following documents, materials and information: a clear
photograph or photographs of the building, object, site or structure; a brief description
of the proposed work; scaled drawings depicting the proposed work; and samples of
replacement material for comparison with the existing or the original building or
structure must be furnished with the application.
b. A Type I commission staff review decision shall be made within thirty days from
the date on which the commission staff receives a fully complete application.
c. The commission staff may, on his or her own motion, refer the application to the
commission for a decision in accordance with the procedures set forth for a Type II
commission review. The time for a decision of the commission on the application
shall run from the date that the application is referred to the commission by the staff.
d. A Type I commission staff review decision shall be final and binding unless it is
appealed to the commission by the aggrieved person, public agency or other legal
entity. The appeal must be in writing on forms provided by the commission, and filed
with the commission within fourteen calendar days of the date of the decision. The
written appeal must specify all grounds for the appeal, request a hearing before the
commission and be accompanied by an appeal fee of one hundred dollars. The
commission shall set a date, time and place for the appeal hearing. After the hearing,
the commission shall make the final and conclusive written determination regarding
the appeal.
(4) Type II Commission Review. A Type II application for review for certificates of
appropriateness or waiver thereof shall be reviewed by the commission in accordance with
the following process.
a. The property owner or his/her agent shall file an application with the commission
on a form provided by the commission. Each application shall be accompanied by
such documents, materials and information as required by the commission and which
is reasonably necessary for the review of the proposed project.
b. When an applicant is requesting a waiver of the certificate of appropriateness
requirement in order to demolish a designated Yakima register of historic places
property in whole or in part, the applicant shall also demonstrate in writing with the
application that demolition alternatives have been or are being pursued (alternatives
include but are not limited to economic analysis; offers to lease, sell or dedicate site
to a private, public or nonprofit entity, and outcome of the offer; relocation of building,
etc.). The commission shall consider these and other alternatives to demolition as
part of its Type II review process. The commission may extend the review process as
necessary to allow sufficient time to fully explore and consider alternatives to
demolition. The commission may also condition the issuance of a waiver upon the
satisfaction of certain mitigation steps and measures (including, but not limited to,
photographic documentation of the resource, an identification plaque, use of an
architectural element in new construction, and/or buffering of the historic or cultural
resource).
c. The commission shall hold a public meeting to review the proposed work
according to the design review criteria established in its rules. Notice of the time, date
and place of the design review meeting shall be sent by first-class mail to the
property owner(s) of record of the subject property as indicated by the records of the
Yakima County auditor, applicant (if different), lessees and any other interested
parties. The commission shall issue a written decision which shall set forth findings of
fact and conclusions which constitute the basis for the decision. The commission’s
decision shall be forwarded to the code administration and planning manager or
his/her designee.
d. A Type II commission review decision shall be final and binding unless it is
appealed to the city of Yakima city council by the aggrieved person, public agency or
other legal entity. The appeal must be in writing on forms provided by the
commission, and filed with the clerk of the city of Yakima within fourteen calendar
days of the date of the decision. The written appeal must specify all grounds for the
appeal, request a hearing before the city council and be accompanied by an appeal
fee of one hundred dollars. The city council shall set a date, time and place for the
appeal hearing. The record on appeal shall be limited to that record developed before
the commission at its public meeting to review the application. The city council shall
apply the design review criteria established by the commission in considering the
appropriateness of the commission decision. After the hearing, the city council shall
make the final and conclusive written determination regarding the appeal. (Ord. 2015-
004 § 1 (Exh. A) (part), 2015: Ord. 2011-28 § 1 (Exh. A) (part), 2011: Ord. 2005-02 §
2 (part), 2005).
11.62.060 Review and monitoring of properties for special property tax valuation.
A. Time Lines.
(1) Special property tax valuations applications shall be forwarded to the commission by
the assessor within ten calendar days of filing.
(2) Applications which are received from the Yakima County assessor and deemed
complete by the commission staff no later than October 1st of the year in which the
application is made shall be reviewed by the commission before December 31st of the
calendar year.
(3) Commission decisions regarding the applications shall be certified in writing and filed
with the assessor within ten calendar days of issuance.
B. Procedure.
(1) The assessor forwards the applications to the commission.
(2) The commission staff shall review the application(s), consistent with its rules of
procedure, and determines if the application(s) is complete and if the properties meet the
criteria set forth in WAC 254-20-070(1) (and as may be amended) and listed in subsection
C of this section.
a. If the application(s) is deemed complete, the commission staff shall send the
applicant a letter of complete application which provides the date the special
valuation request will be considered, transmit the application to the commission (as
soon as practical), and schedule the application for review by the commission.
b. If the application(s) is deemed incomplete, the commission staff shall transmit
the application and a letter of incomplete application stating what is missing or
incomplete from the applicant’s application to the commission (as soon as practical),
and schedule the letter for review and signature by the commission chair at the
commission’s earliest public meeting.
c. Following the commission consideration, if the commission finds the properties
meet all the criteria, then, on behalf of the city of Yakima, it shall enter into a historic
preservation special valuation agreement with the owner in a form set forth in
WAC 254-20-120 (and as may be amended) and listed in subsection D of this
section. Upon execution of the agreement between the owner and commission, the
commission shall approve the application.
d. If the commission determines the properties do not meet all the criteria, then it
shall deny the application.
(3) The commission shall certify its decision in writing and state the facts upon which the
approval or denial is based and file copies of the certification with the Yakima County
assessor.
(4) For approved applications, the commission shall:
a. Forward a copy of the agreement, application, and supporting documentation as
required by WAC 254-20-070(4) (and as may be amended) and identified in
subsection (C)(2) of this section to the assessor;
b. Notify the state review board that the properties have been approved for special
valuation; and
c. Monitor the properties for continued compliance with the agreements throughout
the ten-year special valuation period, including but not limited to any special valuation
agreements that were entered into under the authority of YMC Chapter 11.60 and
that are still in effect.
(5) The commission determines, in a manner consistent with its rules of procedure,
whether or not a property is disqualified from special valuation either because of:
a. The owner’s failure to comply with the terms of the agreement; or
b. A loss of historic value resulting from physical changes to the building or site.
(6) In the event that the commission concludes that a property is no longer qualified for
special valuation, the commission shall notify the owner, assessor, and state review board
in writing and state the facts supporting its findings.
C. Criteria for Special Valuation.
(1) Historic Property Criteria. The class of historic property eligible to apply for special
valuation in the city of Yakima means all properties listed on the Yakima or National
Register of Historic Places or certified as contributing to a Yakima or National
Register Historic District which have been substantially rehabilitated at a cost and
within a time period which meets the requirements set forth in Chapter 84.26 RCW
(and as may be amended).
(2) Application Criteria. Complete applications shall consist of the following
documentation:
a. A legal description of the historic property;
b. Comprehensive exterior and interior photographs of the historic property before
and after rehabilitation;
c. Architectural plans or other legible drawings depicting the completed
rehabilitation work;
d. A notarized affidavit attesting to the actual cost of the rehabilitation work
completed prior to the date of application and the period of time during which the
work was performed and documentation of both to be made available to the
commission upon request; and
e. For properties located within historic districts, in addition to the standard
application documentation, a statement from the Secretary of the Interior or
community development manager or his/her designee indicating the property is a
certified historic structure.
(3) Property Review Criteria. In its review the commission shall determine if the
properties meet all the following criteria:
a. The property is historic property;
b. The property is included within a class of historic property determined eligible for
special valuation by the city of Yakima under subsection (C)(1) of this section;
c. The property has been rehabilitated at a cost which meets the definition set forth
in RCW 84.26.020(2) (and as may be amended), and identified in subsection C of
this section within twenty-four months prior to the date of application; and
d. The property has not been altered in any way which adversely affects those
elements which qualify it as historically significant as determined by applying the
Washington State Advisory Council’s standards for the rehabilitation and
maintenance of historic properties (WAC 254-20-100(1)).
(4) Rehabilitation and Maintenance Criteria. The Washington State Advisory Council’s
standards for the rehabilitation and maintenance of historic properties in WAC 254-20-
100 (and as may be amended) shall be used by the commission as minimum
requirements for determining whether or not a historic property is eligible for special
valuation and whether or not the property continues to be eligible for special valuation
once it has been so classified.
D. Agreement. The historic preservation special valuation agreement in WAC 254-20-
120 (and as may be amended) shall be used by the commission as the minimum agreement
necessary to comply with the requirements of RCW 84.26.050(2).
E. Appeals. Any decision of the commission acting on any application for classification as
historic property eligible for special valuation, or any other dispute, may be appealed to the city
council in accordance with the procedures of YMC 11.62.050(C)(4)(d), and thereafter to the
superior court under RCW 34.05.570 in addition to any other remedy of law. Any decision of the
commission on the disqualification of historic property eligible for special valuation may be
appealed to the city council in accordance with the procedures of YMC 11.62.050(C)(4)(d), and
thereafter to the county board of equalization. (Ord. 2015-004 § 1 (Exh. A) (part), 2015: Ord.
2011-28 § 1 (Exh. A) (part), 2011: Ord. 2005-02 § 2 (part), 2005).
Chapter 1.37
BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE
Sections:
1.37.010 Establishment.
1.37.020 Purpose.
1.37.030 Membership.
1.37.040 Terms of office.
1.37.050 Meetings.
1.37.060 Functions and duties.
1.37.070 Vacancies.
1.37.080 Removal.
1.37.090 Expenditures—Budget.
1.37.010 Establishment.
There is hereby established within the city of Yakima a bicycle and pedestrian advisory
committee, which shall be a subcommittee of the Yakima Planning Commission, to be
appointed by the city council to carry out the purposes listed herein. (Ord. 2023-002 § 1, 2023).
1.37.020 Purpose.
The purpose and intent of the bicycle and pedestrian advisory committee is to provide
community-based input for the review, comment and idea generation related to the
development, maintenance and planning of the network of facilities for bicycles and pedestrians
including public streets, sidewalks, bike paths, pathways and related improvements; and to work
with staff, committees, schools, affected residents, and neighborhoods or other interested
groups on bicycle and pedestrian projects and implementation. (Ord. 2023-002 § 1, 2023).
1.37.030 Membership.
(a) The committee is comprised of seven voting members appointed by majority vote of the
city council, one of which shall include a representative of the Yakima Greenway.
(b) Six members of the committee shall be residents of the city of Yakima. One member may
be a resident of Yakima County if they also either own property within the city of Yakima or own
a business within the city of Yakima. The residency requirements herein shall not apply to the
member representing the Yakima Greenway, nor to nonvoting members.
(c) One employee of the city of Yakima may be appointed by the city manager to act as a staff
liaison to provide information and reasonable assistance to the committee, but shall not be
entitled to vote on any matter before the committee. Other employees may attend committee
meetings on a case-by-case basis as determined appropriate by the city manager or their
designee.
(d) One member of the Yakima city council may be assigned as the representative to the
committee, but shall not be entitled to vote on any matter before the committee.
(e) Appointments shall be made to ensure that varied community perspectives are
represented and, to the extent possible, reflect the current demographics of the city, including
consideration of historically underrepresented communities.
(f) Members shall serve without compensation. (Ord. 2023-023 § 1, 2023; Ord. 2023-002 § 1,
2023).
1.37.040 Terms of office.
The term of office for a committee member shall be four years. Unless removed by council,
members who have served their full term shall continue to serve until their replacement is
appointed. (Ord. 2023-002 § 1, 2023).
1.37.050 Meetings.
(a) At its first meeting of each calendar year, the committee shall elect a chairperson and a
secretary, which persons shall hold office for one year and until their successors are appointed.
(b) The committee should hold, at a minimum, regular quarterly public meetings that may be
broadcast by the city. The committee may appoint a subcommittee of at least two members,
which may meet during other times and at other dates as the subcommittee deems necessary
or appropriate, to review and discuss bicycle/pedestrian committee policies and procedures, or
relevant code sections of the Yakima Municipal Code. The subcommittee shall formulate a
recommendation regarding its work to the whole committee for its consideration. Subcommittee
meetings may be staffed only upon written request to the city manager from the subcommittee,
and at the city manager’s, or their designee’s, discretion.
(c) Minutes of each meeting shall be kept by the secretary and sent to the staff liaison, or, if
there is no staff liaison assigned, the city clerk, staff liaisons appointed to the committee and
any other city staff person or council person as determined by the city.
(d) All committee meetings shall be open to the public.
(e) To constitute a quorum for the transaction of business there shall be a simple majority of
seated committee members present.
(f) An agenda shall be prepared and distributed by the chairperson prior to each meeting
which includes a list of individual items of committee business that are intended to be
discussed. If additional staff members are approved for attendance, they shall receive an
agenda at least five business days prior to the meeting. (Ord. 2023-023 § 2, 2023; Ord. 2023-
002 § 1, 2023).
1.37.060 Functions and duties.
(a) The committee generally shall serve in an advisory capacity to the Yakima Planning
Commission as a subcommittee of the Commission city council concerning the development,
maintenance and planning of the network of facilities for bicycles and pedestrians within the city
or extending into Yakima County or neighboring communities.
(b) The committee shall assist the Yakima Planning Commission and, when specifically
requested, the city council, on specific projects delegated to the committee by those groups. by
the city council.
(c) The committee shall report to the city councilYakima Planning Commission on an annual
basis at a minimum. Reports to council the Yakima Planning Commission shall contain a
summary of action items taken to date, a list of action items that are pending, and a summary of
any findings made as of the date of the report that are relevant to the committee’s purpose or
pending action items. The chair of the committee is responsible for writing any report and
forwarding it to the staff liaison for the Yakima Planning Commissions for dissemination and
inclusion in a council meetingYakima Planning Commission agenda.
(d) On areas of work where the Yakima Planning Commission finds that it would be more
appropriate to have the committee provide advice and information either directly to the City
Council, or to another committee, board or commission, the Yakima Planning Commission will
refer the work to the council or to another committee, board or commission for its review and
evaluation. (Ord. 2023-002 § 1, 2023).
1.37.070 Vacancies.
Any vacancy in the membership of the committee shall be filled for the unexpired term in the
same manner as the original appointment. (Ord. 2023-002 § 1, 2023).
1.37.080 Removal.
The committee may, by majority vote, recommend to the city council removal of an appointed
member upon such grounds as may be deemed appropriate. Failure to attend three consecutive
meetings may be cause for removal. The city council, either after recommendation by the
committee, or independently, by majority vote, may remove any appointed member of the
committee and declare the position vacant. (Ord. 2023-002 § 1, 2023).
1.37.090 Expenditures—Budget.
The expenditures of the committee shall be limited to appropriations as determined by the city
council. All services requiring appropriations shall be submitted through the budget of the city
council; provided, however, the city council may specifically authorize expenditures pursuant to
its rules. (Ord. 2023-002 § 1, 2023).