HomeMy WebLinkAbout09-25-13 YPC PacketCity of Yakima Planning Commission
PUBLIC HEARING/ STUDY SESSION
City Hall Council Chambers
Wednesday September 25, 2013
3:30 pm - 5:00 pm
YPC Members:
Chair Ben Shoval, Co -Chair Dave Fonfara, Ron Anderson, Al Rose,
Scott Clark, Paul Stelzer, Bill Cook
FilI-) R TiiF,,
N E Ci 1u i? 'i') rF11,11"
Ci Plannin Staff:
Steve Osguthorpe, Community Development Director/Planning Manager, Jeff Peters, Associate
Planner; Chris Wilson, Assistant Planner, and Rosalinda Ibarra, Administrative Assistant
Agenda
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. General Audience Participation (Not Associated with an Item on the Agenda)
V. Public Hearing - Shoreline Master Program Update
0 Cowiche Creek Addendum
VI. Continuation of Study Session - Zoning Code Text Amendment Pertaining to
Communication Towers (TXT#002-13)
(The 09/04/13 draft is available online at: www.vakimawa.r,-ov/servicesITlaiiiiiria/ under Quick Links)
VII. Other Business
VIII. Adjourn to October 9, 2013 pm in the Council Chambers
SIGN -IN SHEET
City of Yakima Planning Commission
City Hall Council Chambers
Wednesday September 25, 2013
3:30 p.m. — 5:00 p.m.
Public Hearing/ Study Session
PLEASE WRITE LEGIBLY
Page 1
FOR THE
RECll)RD/FJf,E
CITY OF YAKIMA
Grant No. G1200051
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September 5, 2013
TABLE OF CONTENTS
Section Page No.
SMP Section 1: Shoreline Element...................................................................................................1
Purpose and Relationship of the Shoreline Management Act to the Growth
Management Act ..,... ......... ......... ......... ............1
Profile of Shoreline Jurisdiction in Yakima..........................................................................1
Development of Goals and Policies........................................................................................1
General Shoreline Planning Sub-element...........................................................................1
Economic Development Sub-element.................................................................................1
Public Access and Recreation Sub-element........................................................................1
Circulation Sub -element (Transportation & Parking)..........................................................1
Shoreline Uses and Modifications Sub-element.................................................................1
Conservation Sub-element..................................................................................................1
Historic, Cultural, Scientific, and Educational Resources Sub -element ..............................1
Flood Hazard Management Sub -element ...........................................................................2
SMP Section 2: Shoreline Regulations............................................................„..,,,.....„......,.,,...........2
Chapter 17.01
Purpose and General Provisions......„„............................................................2
17.01.010
Authority.......................................................................................................2
17.01.020
Applicability....................................................................................................2
17.01.030
Findings.....................................................................................w.,,...........,.....2
17.01.040
Purpose...........................................................................................................2
17.01.050
Relationship to Other Codes, Ordinances and Plans.....................................2
17.01.060
Liberal Construction................................................... ................. ...,......,,....... 2
17.01.070
Severability....................................................................................................2
17.01.080
Effective Date...................................................................................................2
17.01.090
Definitions......................................................................................................2
17.01.100
Shoreline Jurisdiction.....................................................................................2
Chapter 17.03
Shoreline Environment Designations.... ......... .......... ___3
Chapter 17.05
General Regulations ........... ......... ......... ......... ......... ......... ..,.,.3
Chapter 17.07
Use -Specific and Modification Regulations ..................... ......................... ...,..3
Chapter 17.09
Critical Areas In Shoreline Jurisdiction...........................................................3
17.09.010
General Provisions ......... ......... ......... ......... ......... ......... .......... ,.......,,.3
17.09.020
Flood Hazard Areas ............ ............. ..... ..,.....,..3
17.09.030
Fish and Wildlife Habitat and the Stream Corridor System ...........................3
17.09.040
Wetlands........................................................................................................4
17.09.050
Geologically Hazardous Areas........................................................................4
17.09.060
Critical Aquifer Recharge Areas.....................................................................4
Chapter 17.11
Existing Uses, Structures and Lots.................................................................4
Chapter 17.13
Administration and Enforcement.................................................>.....,,..,.,,,,,,.4
Appendix A: 2014 City
of Yakima Programmatic Exemption, Issued to the Washington
State Department of
Transportation, South Central Region...........................................................'1
Appendix B: Designated Type 2 Stream Corridors 1
LIST OF TABLES
Table 09.030-1. Standard Stream Buffers .....,. 3
DRAFT
SN""I P SECT1(:' I 'I.: S H ()RE III LENIE ^I.I...
CITY OF YAKIMA SHORELINE MASTER PROGRAM
Purpose and Relationship of the Shoreline Management Act to the Growth
Management Act
Same as Planning Commission -recommended Draft.
Profile of Shoreline Jurisdiction in Yakima
The entire shoreline jurisdiction within the City limits and Urban Growth Area (UGA), including
unincorporated territory and the waterbodies themselves, amounts to approximately 1,696 acres
( S1$ acres non-UGA,$i8 acres UGA). The City of Yakima has two rivers, one ttl w d ,, and three
lakes which are identified as "shorelines of the state": the Yakima River, the Naches River, Cowiche
Creek, Willow Lake, Lake Aspen, and Rotary Lake. Buchanan Lake and its shorelands (approximately 76
acres) will be considered part of the City's shoreline jurisdiction when the Washington Department of
Natural Resources Surface Mine Reclamation Permit lapses or is terminated, or when the City receives a
permit application for new development on or uses of Buchanan Lake.
In accordance with state law, the jurisdiction of Yakima's Shoreline Master Program encompasses the
shoreline waterbodies; land within 200 feet of the ordinary high water mark of these waterways; and
their floodways, certain portions of 100 -year floodplains and channel migration zones, and associated
wetlands.
Development of Goals and Policies
Same as Planning Commission -recommended Draft.
General Shoreline Planning Sub -element
Same as Planning Commission -recommended Draft.
Economic Development Sub -element
Same as Planning Commission -recommended Draft.
Public Access and Recreation Sub -element
Same as Planning Commission -recommended Draft.
Circulation Sub -element (Transportation & Parking)
Same as Planning Commission -recommended Draft.
Shoreline Uses and Modifications Sub -element
Same as Planning Commission -recommended Draft.
Conservation Sub -element
Same as Planning Commission -recommended Draft.
Historic, Cultural, Scientific, and Educational Resources Sub -element
Same as Planning Commission -recommended Draft.
September 5, 2013
CITY OF YAKIMA SHORELINE MASTER PROGRAM
Flood Hazard Management Sub -element
Same as Planning Commission -recommended Draft.
I' '"I IIIII'; "'` I °'' III' I til lllh°°I IIII''Ik VIII IL..1 IIIA I E I° Y IIIIIIII i 11„.IIV IIIA°'I"'IIII i' I'NI S
TITLE 17 - SHORELINE MASTER PROGRAM REGULATIONS
I III°°°Luis!'' 1°; °°I""'Ell 17.01 i I: 1.1 I:,I °pi i;, I u111JI'11 D, i„ E I'� 101,iiu!°iii
17.01.010 Authority
Same as Planning Commission -recommended Draft.
17.01.020 Applicability
Same as Planning Commission -recommended Draft.
17.01.030 Findings
Same as Planning Commission -recommended Draft.
17.01.040 Purpose
Same as Planning Commission -recommended Draft.
17.01.050 Relationship to Other Codes, Ordinances and Plans
Same as Planning Commission -recommended Draft.
17.01.060 Liberal Construction
Same as Planning Commission -recommended Draft.
17.01.070 Severability
Same as Planning Commission -recommended Draft.
17.01.080 Effective Date
Same as Planning Commission -recommended Draft.
17.01.090 Definitions
Same as Planning Commission -recommended Draft.
17.01.100 Shoreline Jurisdiction
Same as Planning Commission -recommended Draft, except that A is revised as follows:
A. The following waterbodies in the City and, upon annexation, in the UGA:
1. Yakima River,
2. Naches River,
3, Cowiche Creel
DRAFT
2 September 5, 2013
DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM
Willow Lake,
45. Lake Aspen, and
-56. Rotary Lake.
Ilh°°°III 114' T1I' R '1`7.03
1I'SIG1'11 A 1 III01°`1
Same as Planning Commission -recommended Draft.
°w11 1: 1114 I '1"
GEP,,IHI1111111RAL IIIEG1 II11141ATI01'115
Same as Planning Commission -recommended Draft.
CHAPTE11 17,07 1 AINID 1 ODIFIC IIP"101""11 1 ' „IIIII.I III I
Same as Planning Commission -recommended Draft.
l����IIIII'ii111,, F1 JI'' I I CAL XIII 1' SliOIIE� I NI E
17.09.010 General Provisions
Same as Planning Commission -recommended Draft.
17.09.020 Flood Hazard Areas
Same as Planning Commission -recommended Draft.
17.09.030 Fish and Wildlife Habitat and the Stream Corridor System
Same as Planning Commission -recommended Draft, except that Table 09.030-1 is revised as follows:
Table 09.030-1. Standard Stream Buffers.
Stream Type H Buffer Width
Type 1 shoreline streams High Intensity:
and lakes
Streams: 75'
Lakes: 50'
Essential Public Facilities: 100'
Floodway/CMZ: 100'
Shoreline Residential:
Urban Conservancy: 100'
Type 2 streams, lakes, 75'
and ponds I
September 5, 2013
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
Stream Type Buffer Width
Type 3 streams 50'
(perennial), lakes, and
ponds
Type 4 streams 25'
(intermittent), lakes, and
ponds
Type 5 streams No buffer standards. Type 5 streams are not regulated as streams, but may
(ephemeral) be protected under geologically hazardous area, floodplain, stormwater,
construction, grading or other development regulations.
17.09.040 Wetlands
Same as Planning Commission -recommended Draft.
17.09.050 Geologically Hazardous Areas
Same as Planning Commission -recommended Draft.
17.09.060 Critical Aquifer Recharge Areas
Same as Planning Commission -recommended Draft.
Imp llll'IIIIP I.I S, TFILII '` IRE'S PID I"
CHAF1111`1I` I!11!1111' I� IIID .'...1111.. °I ISES,
Same as Planning Commission -recommended Draft.
I"IIIb IIII 1 .i'i 3 i" 14 1 11 A.I.I'"'1 III V II''��IL...I�''�I C
Same as Planning Commission -recommended Draft.
4 September 5, 2013
DRAFT
CITY OF YAKIMA SHORELINE MASTER PROGRAM
F°"III4)'lldDI :'Z()14, CITY UI4° M[UMA PFU"*III'° I I IC SSI flIIIIIII1) 7
1 T °°IIIc°°E 'PARTI IIIA NT " 114°° "'' IIII'° V III"' SOUTI°°°III
C11' REGION
Same as Planning Commission -recommended Draft.
September 5, 2013 A-1
DRAFT
CITY OF YAKIMA SHORELINE MASTER PROGRAM
September 5, 2013 B-1
FORTITE
RE0:Ilf41 / FILE
CITY OF YAKIMA
GRANT NO. G1200051
COWICHE CREEK ADDENDUM TO THE YAKIMA
COUNTY CUMULATIVE IMPACTS ANALYSIS
For the City of Yakima's Shoreline Master Program
Prepared by:
Prepared for:
City of Yakima
129 North 2nd Street
Yakima, WA 98901
750 Sixth Street South
Kirkland. WA 98033
p 425.822.5242
f 425.827.8136
watershedco.com
00111 BERK
STRATEGY I ANALYSIS I COMMUNICATIONS
2025 First Avenue, Suite 800
Seattle WA 98121
September 6, 2013
The Watershed Company
Reference Number:
121207
Cite this document as:
The Watershed Company. September 2013. Cowiche Creek Addendum to the
Yakima County Cumulative Impacts Analysis for the City of Yakima's Shoreline
Master Program. Prepared for the City of Yakima.
The Watershed Company Contacts:
Amy Summe/Sarah Sandstrom
BERK Contact:
Lisa Grueter
TABLE OF CONTENTS
Page #
1 Introduction.............................................................................................................1
2 Methodology................................................................... ................--- ... ---- 1
3 SMP Components Relating to Cowiche Creek...............................W,.......................1
3.1 Shoreline Jurisdiction..........................................................................................1
3.2 Environment Designations...................................................................................2
3.3 Existing and Future Land Use and Likely Effects of the SMP ..............................2
4 Regulations for Shoreline Uses and Modifications...................................................4
5 Critical Areas Regulations....................................................................................... 4.
6 Shoreline Restoration Plan .......................................... ........ ....... ..........,........,.,..,....4
7 Net Effect on Ecological Function............................................................................6
8 References.........................................................................................................w,.,., 7
The Watershed Company and BERK
September 2013
COWICHE CREEK ADDENDUM TO THE YAKIMA
COUNTY CUMULATIVE IMPACTS ANALYSIS
For the City of Yakima's Shoreline baster Program
1 INTRODUCTION
The City's proposed Shoreline Master Program (SMP) update excluded Cowiche
Creek from shoreline jurisdiction based on the combined weight of stream gauge
data which does not include 10 consecutive years, United States Geologic Survey
(USGS) modeling (Higgins 2003), and input from Yakima County's Fish and
Wildlife Biologist, Joel Freudenthal. Ecology concurred with this assessment on
May 22, 2013 and again on June 17, 2013.
Cowiche Creek is noted in Yakima County's current SMP as a Shoreline.
However, Cowiche Creek is not identified in Ecology's suggested shoreline data
set as a Shoreline.
As a result of ongoing debate over the actual flows in Cowiche Creek, the
Department of Ecology and the City are considering including Cowiche Creek in
its SMP. This document supplements the Addendum to the Yakima County
Cumulative Impacts Analysis for the City of Yakima's Shoreline Master Program to
assess the net effect on shoreline functions if Cowiche Creek is included in the
City's shoreline jurisdiction.
2 METHODOLOGY
See Addendum to the Yakima County Cumulative Impacts Analysis for the City of
Yakima's Shoreline Master Program.
3 SMP COMPONENTS KELATING TO
COWICHE CREEK
3.1 Shoreline Jurisdiction
Complete this section upon final resolution by Ecology and the City of the
rationale for inclusion of Cowiche Creek in shoreline jurisdiction.
1
City of Yakima Cumulative Impacts Analysis — Cowiche Creek
3.2 Environment Designations
See Addendum to the Yakima County Cumulative Impacts Analysis for the City of
Yakima's Shoreline Master Program for a description of Environment Designations.
The majority of area within shoreline jurisdiction on Cowiche Creek is
designated Shoreline Residential. The area east of Highway 12 at the confluence
with the Naches River is designated Urban Conservancy. Highway 12 is
designated as Essential Public Facilities environment. The commercial area
southwest of Highway 12 is designated as High Intensity.
3.3 Existing and Future Land Use and Likely Effects of the
SMP
A discussion of existing conditions in each of the newly proposed EDs on
Cowiche Creek and anticipated development is provided below.
Urban Conservancy
In the lowest reach of Cowiche Creek, near the confluence of the Naches River,
the south bank is designated as Urban Conservancy. The area is presently in
agricultural use and zoned R-1, and existing vegetated buffers are approximately
30 feet wide. A farm -road surrounds the agricultural fields, limiting riparian
functions.
It is possible that additional residential development could be added on the site
provided it meets SMP provisions. If subdivided, lot sizes would be determined
following a review of critical area requirements (e.g., floodplain, wetlands, etc.)
and availability of services and utilities (e.g., water and sewer). The minimum
lot sizes could range from 0.25 acre to 1.0 acres and the standard lot sizes could
equal 6,000 square feet.
If new development occurs on the parcel, the proposed SMP would require a
standard buffer width of 100 feet. Revegetation of the existing buffer area could
be considered with an adjustment in the required buffer width. Although the
SMP includes a provision that where a legally established road or railway crosses
a critical area buffer, the minimum required buffer width may be adjusted to the
waterward edge of the improved road, this provision does not apply to the farm -
road, and the buffer would include and extend beyond the existing road location.
Shoreline Residential
The Shoreline Residential ED is assigned to lands that are predominantly single-
family or multifamily residential development or are planned and platted for
residential development. Much of Cowiche Creek is already subdivided along
Cowiche Canyon Road. The width of existing riparian vegetation is variable
2
The Watershed Company and BERK
September 2013
along the creek, with wider areas (-50-80 feet) in the lower portion of the reach
upstream from Highway 12, and narrower areas (-10-20 feet) in the more
confined reach farther upstream, near the western side of the UGA. Except for
minor infill, land use is not expected to change. Many homes are located along
the road outside of jurisdiction. There are some floodplain areas and critical
areas that could limit future alterations.
Just upstream from the confluence of Cowiche Creek, near Clover Lane, there are
two parcels where the north bank is designated as Shoreline Residential (on one
parcel the south bank is designated as Urban Conservancy and is discussed
above). The land is presently used for agriculture, but is planned for low-density
residential uses (R-1 zone) and accordingly designated as Shoreline Residential
in the SMP. These two parcels, totaling nearly 20.5 acres, potentially could be
further subdivided. If subdivided, lot sizes would be determined following a
review of critical area requirements (e.g., floodplain, wetlands, etc.) and
availability of services and utilities (e.g. water and sewer). The minimum lot
sizes could range from 0.25 acre to 1.0 acre and the standard lot sizes could equal
6,000 square feet.
Farther upstream, there is a property Isouth of the railroad I[ssiithat is 8 acres in
size with a single dwelling unit on it which is designated as Shoreline
Residential. It could be further developed based on the R-2 Two Family Zoning.
Lot sizes would vary with the presence of critical areas, need for roads, and other
factors. Single-family homes are allowed on 6,000 -square -foot lots, two family
homes are allowed on 7,000 square feet. Zero lot line and attached single-family
residences are allowed on 3,500 -square -foot lots.
Once the area is annexed, a standard buffer of 80 feet would apply to any new
development or subdivision occurring along Cowiche Creek. Together with use
provisions in the SMP, this buffer standard would ensure that existing riparian
and floodplain vegetative functions would be maintained.
High Intensity
Shorelands that presently support or are planned to accommodate commercial,
industrial, urban recreational, transportation, or high-intensity water -oriented
uses are assigned to the High Intensity ED.
Just south of Highway 12, a food manufacturing business is zoned as R-2 Two
Family. The existing width of riparian vegetation is approximately 40 feet wide.
Given its current use and likely mismatched zoning, the SMP applies a High
Intensity designation. Although redevelopment could potentially result in
residential development, it is more likely that the current food
warehousing/manufacturing would continue.
3
City of Yakima Cumulative Impacts Analysis — Cowiche Creek
The SMP applies a 75 -foot standard buffer in the High Intensity ED, so if the
property does redevelop, or if uses intensify, the required buffer would likely
require extension and/or enhancement of the existing vegetated area.
Essential Public Facilities
The Essential Public Facilities ED includes shorelands containing state or
regional transportation facilities and wastewater handling facilities. A limited
area of Cowiche Creek shoreline jurisdiction is in this designation — the crossing
of Highway 12.
Within roadways, the most likely activities include repair, maintenance, and
expansion. Most repair and maintenance activities would be considered exempt
and subject to a proposed programmatic exemption for Transportation facilities
under the responsibility of the Washington State Department of Transportation
to allow for routine maintenance and repair of existing highways and associated
facilities. This programmatic exemption is similar to one applied by Yakima
County and would be included in the SMP Appendix.
4 REGULATIONS FOR SHORELINE USES
AND �i1�lODIFICATIONS
See Addendum to the Yakima County Cumulative Impacts Analysis for the City of
Yakima's Shoreline Master Program.
5 CRITICAL AREAS REGULATIONS
See Addendum to the Yakima County Cumulative Impacts Analysis for the City of
Yakima's Shoreline Master Program.
6 SHORELINE RESTORATION PLAN
In addition to planned restoration with the City's shorelines identified in the
Addendum to the Yakima County Cumulative Impacts Analysis for the City of Yakima's
Shoreline Master Program, the following restoration actions are planned on the
shorelines of Cowiche Creek within the City and its UGA.
El
The Watershed Company and BERK
September 2013
Cowiche Creek Watershed Screening and Barrier Assessment
During the spring/summer of 2003, the North Yakima Conservation District
inventoried the Cowiche drainage area for fish passage barriers, screening
needs, and habitat conditions (Nunn 2004). This report identified three
partial barriers to fish migration on Cowiche Creek and ten diversions that
did not meet the WDFW screening standards within the City and its UGA.
An additional ten barriers and 29 diversions not meeting screening standards
were identified in areas upstream of the City and its UGA. The report
includes a preliminary prioritization for restoration using WDFW's fish
passage prioritization framework. In addition to addressing fish passage
barriers, the report proposes that increasing late summer instream flows in
the lower and middle Cowiche Creek reaches and restoring riparian and
floodplain habitats would improve habitat conditions in Cowiche Creek.
Cowiche Creek Floodplain and Riparian Restoration
The Mid -Columbia Regional Fisheries Enhancement Group A project is
leading a project to restore riparian and floodplain habitat on lower Cowiche
Creek within the City's UGA. The project will improve floodplain function
by removing a 500 -foot -long dike and concrete debris along the bank. The
project will also reshape the bank and enhance habitat through wood
placement and planting. The project is intended to build landowner support
for similar restoration work in this reach and to identify restoration
opportunities on two more properties in the reach. The project is scheduled
to be completed by 2016.
Cowiche Confluence with Naches River
Yakima County Public Services has completed a final design for stream
restoration, levee removal, and stream relocation on Lower Cowiche Creek at
the confluence with the Naches River. The project will re -locate the
alignment of Cowiche Creek, allowing for improved floodplain connectivity.
Planned habitat enhancements include woody habitat structures and varied
instream habitat conditions.
As part of the overall project, Yakima County is pursuing a conservation
easement through the project site, and the County also plans to replace the
existing (former railroad) bridge with an updated bridge under a separate
design. Yakima County and the City of Yakima are also continuing plans to
relocate the existing Naches River Fruitvale Diversion and related structures
upstream to the Nelson Dam location. This action will reduce the need for
the existing Cowiche Creek levee system.
5
City of Yakima Cumulative Impacts Analysis — Cowiche Creek
Cowiche Creek Instream Flow Enhancement
In 2005, Washington Water Trust and the Cowiche Canyon Conservancy
partnered to purchase Snow Mountain Ranch on the South Fork Cowiche
Creek. Following the purchase, over 1.0 cfs of the property's water rights
were protected to benefit instream resources. Fish barriers were removed
and large riparian areas were replanted. Additional flow enhancement
projects are underway in the Cowiche Creek drainage basin, including a site
just upstream on state wildlife land. Although these projects may occur
upstream from the City, they are expected to improve instream habitat
conditions throughout the drainage basin, including within the City and its
UGA.
On an individual project basis, implementation of each of the above-described
projects and programs will result in a net improvement in shoreline functions
within the City of Yakima and its UGA.
7 NET EFFECT ON ECOLOGICAL FUNCTION
Consistent with the remainder of the City's shoreline area, within the potential
shoreline jurisdiction of Cowiche Creek, the proposed City of Yakima SMP
would be expected to maintain existing shoreline functions while
accommodating the reasonably foreseeable future shoreline development. In
addition to the measures discussed in the Addendum to the Yakima County
Cumulative Impacts Analysis for the City of Yakima's Shoreline Master Program, the
proposed standard buffer widths along Cowiche Creek are expected to
contribute to the achievement of no net loss of ecological functions in the
shorelines along Cowiche Creek. Voluntary restoration actions identified above
will provide the opportunity to enhance and restore shoreline functions over
time.
A
The Watershed Company and BERK
September 2013
8 rEFERENCES
Higgins, J.L. 2003. Determination of upstream boundary points on southeastern
Washington streams and rivers under the requirements of the Shoreline
Management Act of 1971: U.S. Geological Survey Water -Resources
Investigations Report 03-4042.26 p.
g�� 1 ar re °u gas ° D i 9 f 1 �w� ,� a AQAN4.Z p(J f
Nunn, D. 2004. Yakima Tributary Access and Habitat Program. North Yakima
Conservation District.
7
11 "1,., i�rwry v, �Vfy' -11
All features depicted on this map are approximate. They have
not been formally delineated or surveyed and are intended for
planning purposes only. Additional site-specific evaluation may
be needed to confirm or verify information shown on this map,
Proposed Environment Designation
High Intensity
Aquatic
High Intensity - Buchanan Lake
Aquatic - Buchanan Lake
High Intensity - UGA
hEssential
Public Facilities.......
Shoreline Residential
j
Essential Public Facilities - Buchanan Lake
Shoreline Residential - UGA
Jill Essential Public Facilities -UGA Urban Conservancy
EM Floodway/CMZ Urban Conservancy - Buchanan Lake
jjiI�l Floodway/CMZ - UGAUrban Conservancy - UGA
Potentially Associated Wetland
Parcels - light grey outline
13 City Limit
1� 1 UGA
Original Scale: 1:16,800 @ 11x17
Please scale accordingly,
Data source: City of Yakima, FWS
Date: 9/4/2013
Name: Environment designation
Chapter 15.29
WIRELESS COMMUNICATIONS FACILITIES
Sections:
15.29.010 Purpose.
15.29.020 Definitions.
15.29.010 Purpose.
A. The purpose of this chapter is to establish general guidelines for the siting of towers and antennas.
The goals of this chapter are to:
1. Enhance the ability of personal wireless service providers to provide such services
throughout the city quickly, effectively, and efficiently;
1
2. Encourage personal wireless service providers to locate towers and antenna in
nonresidential areas;
3. Encourage personal wireless service providers to co -locate on new and existing tower sites;
4. Encourage personal wireless service providers to locate towers and antennas, to the extent
possible, in areas where the adverse impact on city residents is minimal;
5. Encourage personal wireless service providers to configure towers and a terga a way
that minimizes any significant adverse visual impact; and Ak,
6. Provide for the wireless communications needs of govern men I es.
Accordingly, the city council finds that the promulgation of this chapt r d a ne ,wary;,
1. To manage the location of towers and antennas in
2. To protect residential areas and land uses#W: potentia dverse impacts of towers;
and safety of towers to the extent permitted by the
damage to adjacent properties through sound engineering practices and
antenna support structures.
I new antennas shall comply with this chapter after the effective date of the ordinance
codified
C. Existing Uses. All towers and antennas existing on the effective date of the ordinance codified in this
chapter that are not in compliance with this ordinance shall be allowed to continue as they presently exist,
but will be considered nonconforming uses. Routine maintenance shall be permitted on existing towers
and antennas. However, new construction other than routine maintenance on existing towers, antennas,
buildings or other facilities shall comply with the requirements of this chapter.
2
1. These standards were developed to protect the public safety and welfare, to protect property
values and minimize visual impact while furthering the development of enhanced
telecommunication services in the city and providing for wireless communications necessary for
governmental purposes. These standards were designed to comply with the
Telecommunications Act of 1996. The provisions of this chapter are not intended to and shall not
be interpreted to prohibit or to have the effect of prohibiting personal wireless services. This
chapter shall not be applied in such a manner as to unreasonably discriminate between
providers of functionally equivalent personal wireless services.
2. To the extent that any provision of this chapter is inconsistent or co with any of er city
ordinance this chapter shall control. Otherwise, this chapter shall true nsi§411 y with
the other provisions and regulations of the city,
3. The city shall approve, approve with conditions, or ny e a is it ccordance with
the time frames set forth in Title 16 YMC, Administration Develop en ermit Regulations,
and in accordance with other applicable ordinanc
15.29.020 Definitions.
For the purpose of this chapter, the following tee shall he meaning ascribed to them below:
"Abandonment" means to cease oper ion per of sixty or more consecutive days.
"Administrator" means the direct of t i y a d partrn t of community development and his or her
designees.
"Antenna" means any xter apparatus esigned for telephonic, radio, data, internet, or television
communications througe se ' and/or receiving of electromagnetic waves, and includes equipment
attached to a towerjftptLJ r bua ding for the purpose of providing wireless services, including
unlicensed wirei s l m ccations services, wireless telecommunications services utilizing
fr2qu a rize Federal Communications Commission for "cellular," "enhanced specialized
m radio d rsgnal communications services," telecommunications services, and its attendant
"Antenna means the vertical distance measured from the base of the antenna support structure at
natural grade to the highest point of the structure even if said highest point is an antenna. Measurement
of tower height shall include antenna, base pad, and other appurtenances and shall be measured from
the natural grade of the parcel at the lowest elevation point of the support structure's perimeter. "Antenna
support structure" means any pole, telescoping mast, tower, tripod, or other structure which supports a
device used in the transmitting or receiving of radio frequency signals.
3
"Applicant" means any provider or any person, partnership, company, or government agency that files an
application for any permit necessary to install, maintain, or remove a personal wireless service facility
within the city.
"Balloon test" means a test for a reasonable period of time to fly, or raise upon a temporary mast, a
brightly colored balloon, that is representative in size of the initial antenna array including all standoffs, at
the maximum height of the proposed tower. ,No trees shall be removed to conduct the balloon test.
"Base station" is defined as a facility or structure consisting of radio transceivers, ante as, al cable,
a regular and backup power supply, and other associated electronics, including a cture ( at c Frently
supports or houses an antenna, transceiver, or other associated equipment hq ns es pal a base
station, and encompasses such equipment in any technological configurati in ng ted
"
antenna systems and small cells,��t� �f
"Camouflage" means to minimize adverse aesthetic and visual ini ctm'on tlwm land;`�Y"perty, buildings,
and other facilities adjacent to, surrounding, and in generall the sa a area a iiequdsted location of
such wireless telecommunications facilities, which shall n using t least Scally and physically
intrusive facility that is not technologically or comm: ° l ti t
r
blender the facts and
circumstances, The term includes, without lim� ati� (a a use of t,
rUCtwI' Ps, design, colors,
landscaping and location to disguise, hide, blen or integr to bn existing structure that is not a
monopole or tower; (b) placement of a wireless fa flity or c ' nent thereof within an existing or new
structure; (c) "stealth structures" in wh h th Men or other wireless facility component is disguised or
concealed within a structure des' s a ° ther structure (such as a church steeple of
flagpole) or another natural form uch tree ock o fiother natural feature); and (d) placement of a
wireless facility or com on .nt there on I site where the topography and existing trees, landscaping,
evergreen trees, desi . „ an fors oft cility so that such facility is significantly screened from view or
designed to resemble r�y nd�irrounding natural features.
"Cell site" or "sit "" a s ra, or parcel of land that contains wireless service facilities including any
anter i htruc accessory buildings, and parking, and may include other uses associated with
an ancillar oe' onal wireless services.
"`City" ftns th city of Yakima.
"City properi means all real property owned by the city whether in fee ownership or other interest.
"Co -location" means the use of a personal wireless service facility or cell site by more than one wireless
service provider.
;'n��FF�tlYi14F��pC�ll$ P��P�Yb��tl."�lae��fulift,� ^"rlfC` F'tiF8'h�'FRPYrPFFFeP":'Fii'F° FOtlk�.F�"iii �ii i���I�l ���A°n's��'t�Cr��ll'N�;:' Glur,�l.,t4lrllt� �f"P �°hirP�iwd�Y"C1��u'"IFP;-"1"«'l0'4:��N
'hrV..f PPo'.G.u:°"o�ir,UP�WIW;�BP."`9 NFf! a'a'C6FUFl6)Vh:'PK,IF�!4', r.,P4„PFF^�,i'4 tlFw's�PPN�rP9drk�.';iN„rFiSldflFi�N F�'P,FI�a d'uM1,Pvi"'F''F,B %,Uu��r.r'P
4
or ;,*"��,J fl' PO f-1'ii)
of r'I iu1,vu ,"';1 `u��rri a ur J'iayT,'40,: s i"inulrui",i ,�u��.. iw,�0i �-ioI iu,I',",Airo
i¢R>�aPotl� Y,,�YIY�`Q�VV4,fV'Vm�9a,��e U6YVIiP„�rnMalVu,�.d����m� �wd3<�r� �w�,Fa�HGI B4a�� �VaBM4��i� .f�BG �kr";�� �`aG-IIR-��t��'wM1�"�wtrlF ,MII� wa''�6,�u�.➢�a6N&^Ik99B�� f'�1,t6�'➢0�i�rzCiF���11P'�°
"Conditional use permit" or "CUP" means a process and approval as described in this chapter and in YMC
Title 15, Yakima Urban Area Zoning Ordinance
"COW" means "cell on wheels." A cell on wheels or other temporary wireless commun moor facility.
"Design" means the appearance of wireless service facilities, including such feat 'e their mat i'als,
colors, and shape, a""��r%tf( w��
��(%� P�
"EIA" means the Electronics Industry Association.
"Equipment enclosure" means a structure, shelter, cabinet, or aau , ased to h us nd protect the
electronic equipment necessary for processing wireless co Inunica n signa ;� ssociated equipment
may include air conditioning, backup power supplies an er e racy erators.
"Excess capacity" means the volume or capacity ii ny "'sti, g or ure ct, conduit, manhole,
handhold or other utility facility within the rightArwa+' that or VIA available for use for additional
telecommunications facilities.
"Facilities" means all of the plant, equ
necessary to furnish and deliver
not limited to poles with crossar pi
communications and
appurtenances, and a.
services and cable tel
"FCC" or "Federal If
successor, aut ed
pati 1� �
"Go '. in au rit
lines a
nen', ` tur appurtenances, antennas, and other facilities
ons (vices and cable television services, including but
ithou cross ;ops, wires, lines, conduits, cables,
uip en , braces, guys, anchors, vaults, and all attachments,
incidental to the distribution and use of telecommunications
s Commission" means the federal administrative agency, or lawful
and oversee telecommunications carriers, services and providers on a
means the city council of the city of Yakima.
" Governm" 'entity" means the state of Washington, Yakima County, the city, municipally owned
utilities, and special purpose districts including the school, fire and library districts.
"Hearings examiner" means the duly appointed hearings examiner of the city.
"Modification" or "modify" means, the addition, removal or change of any of the physical and visually
discernible components or aspects of a wireless facility, such as antennas, cabling, equipment shelters,
landscaping, fencing, utility feeds, changing the color or materials of any visually discernible components,
vehicular access, parking and/or an upgrade or changeout of equipment for better or more modern
equipment. Adding a new wireless carrier or service provider to a telecommunications tower or
telecommunications site as a co -location is a modification. A modification shall not include the
replacement of any components of a wireless facility where the replacement is identical to the component
being replaced or for any matters that involve the normal repair and maintenance of a wireless
telecommunications facility without adding, removing or changing anything,
"Mount" means the structure or surface upon which personal wireless servic %Nitie mo
There are three types of mounts:
tower.
C. Structure Mounted. A personal w" le sernfacHit xed tn structure other than a
building, such as light standards, utility les, and rid`
"Occupy" means to construct, install, airi own, r oper to telecommunications facilities located
within city rights-of-way. The mer s e ectr yc signals over, under, or through rights-of-way via
telecommunications facilities ow d b �er leco unications provider does not constitute
occupying the rights-of-way.
"Overhead facilities" ans ty facilitie d telecommunications facilities located above the surface of
the ground, including tip iter supports and foundations for such facilities.
"Person" means co or s, panies, associations, joint stock companies, firms, partnerships, limited
liability rmpa , of re is and individuals..
onal wir sSpoce," "wireless service facilities," "wireless facilities" and "facilities" used in this title
shall efined i the same manner as in Title 47, USC, Section 332(c)(7)(C), as they may be amended
now or ireyflor
re, and includes facilities for the transmission and reception of radio or microwave
signals useommunication, cellular phone, personal communications services, enhanced
specialized mobile radio, and any other wireless services licensed by the FCC and unlicensed wireless
services.
"Protected areas" are: (a) established federal, state or local historic districts or historic district overlay
zones; (b) proposed federal, state or local historic districts or historic district overlay zones filed for record
with the federal, state or local agency with jurisdiction (hereafter "pending" historic district or overlay
11
zones); (c) sites, buildings, structures or objects listed in the National Register of Historic Places; (d) state
and local wildlife refuges, and permanently protected archeological sites; and (e) designated areas
subject to preservation or protection through recorded conservation easement.
"Provider" means every corporation, company, association, joint stock company, firm, partnership, limited
liability company, other entity and individual that provides personal wireless service over wireless service
facilities.
"Repairs and maintenance" means the replacement of any components of a wireless f ility ere the
replacement is identical to the component being replaced or for any matters that I " Ive the orn I repair
and maintenance of a wireless facility without the addition, removal or chan ny'" re phi ;�I or
visually discernible components or aspects of a wireless facility that will ad o th �� r ible+fa( r�ance of
the facility as originally permitted.
it f
"Rights-of-way" means land acquired or dedicated for public roads d street defined in
15.02.020, but does not include (a) land dedicated for ro streets, nd highg0firther
s not opened and not
improved for motor vehicle use by the public; (b) structu,, ?,ac
ing es and conduits, located within
the right-of-way; or (c) federally granted railroad ri w gt d u er 43 USC, Section 912, and
related provisions of federal law, that are not o en r rno r vehicle I se.
"Right-of-way use permit" means the authorizatio y whic city grants permission to a service
provider to enter and use the right -of- ay spec " location for the purpose of installing, maintaining,
repairing, or removing identified f
"Screening" means a continuous ,ce a or e rgreen'landscaped planting that conceals the property it
"Service provider" mea
partnership, person,,g
lrpgratlon, company, association, joint stock association, firm,
o '°ing, operating or managing any facilities used to provide and
"able television services for hire, sale, or resale to the general public.
al successor to any such corporation, company, association, joint stock
is low -powered wfiress service I aculo es that operate in licensed and
rum that g! i 4✓,i'.afl", have a uMrange of,(10 meters to 1 or 2 kilometers„), compared to
✓✓hra,',hr rnk lit l� ✓�r a r� � ���✓✓;r;� u,nf�r����✓ ���s-du�;ery ✓.uf ���N,������u✓�r��✓�v. Small cell technology
accommodates mobil rla�iw�tilluu�. �l�r;��l o flo ding as a means to achieve more efficient use of radio
spectrum y, leq> vi����r.l.r.�..✓..rml� flu:�l✓re f.l�ar.. ✓ur 1�. Small cells generally reduce the cell size radius, and place the
cell sites closer to each other, resulting in a more densely packed network of smaller cells. Outdoor small
cells include femtocells, picocells, and microcells `�,lrr ril �qix,41 wu� �l I,l r �aln,nl;m�in r,l�nd of V�t�✓r�iti�,✓�4��C ku� l pn��n
a llicr�rl�rl -air r :Ju lire uir"l.�r.P for arr,ir qu a �...1� l�l��✓�s� ✓je.�af��ul�b4lioirl�w�i�� �.�4,.9a� p�ll��✓i�.�im n�� v ✓,1, ub ti
„a. ®.. .. �.�.......
✓«lr✓ r J.��. �..P�r"ill walk, in", almnir �irl�r� qua r:u
7
"State" means the state of Washington.
"Surplus space" means that portion of the usable space on a utility pole which has the necessary
clearance from other pole users, as required by the orders and regulations of the Washington Utilities and
Transportation Commission, to allow its use by a telecommunications carrier for a pole attachment.
"Secondary use" means a use subordinate to the principle use of the property, such as commercial,
residential, utilities, etc.,.
0
"Security barrier" means a wall, fence, or berm that has the purpose of sealing a onal dle service
facility from unauthorized entry or trespass.
u
"Telecommunications carrier" includes every person that directly or in t wns, ntro dperates or
manages plant, equipment or property within the city, used or to be ll d h rpo of providing
telecommunications services to locations outside the city.
"Telecommunications service" means transmission of inf tion, a pt cabl elevision service, by
wire, radio, optical cable, electromagnetic, or other simi m , for I sale, or resale to the general
public. For the purposes of definition "information" k wle or i elligence represented by any
form of writing, signs, signals, pictures, sound or y of r syr,bo . Tel ommunications service
excludes the over -the air transmission of broad t televis n roadcast radio signals, facilities
necessary for governmental purposes. e city Il act of application within a reasonable period of
time, taking into account the nature a sco of th ° pplication. Any decision to deny an application
shall be in writing, supported by i nce ntained in a written record. The city shall approve,
approve with condition, or deny t app tion i accor nce with the time frames set forth in specific
sections of this chapter, YMC Title Adi ist tion of Development Permit Regulations, and in
accordance with other pp e ordin
"Telecommunications se epr ' " includes every person that directly or indirectly owns, controls,
operates or manag , t„ i I -rent or property within the city, used or to be used for the purpose of
offeringtelecom
locat' ci
',X
means nv
, except cable television service, to residents, businesses or other
that is designed and constructed primarily for the purpose of supporting one
or mor44 tenn „ including self-supporting lattice towers, guy towers, or monopole towers. The term
encompas ersonal wireless service facilities including radio and television transmission towers,
microwave towers, common -carrier towers, cellular telephone towers or personal communications
services towers, alternative tower structures, and the like. "Tower" also includes any structure built for the
sole or primary purpose of supporting FCC -licensed antennas and their associated facilities.
"Underground facilities" means utility and telecommunications facilities located under the surface of the
ground, excluding the underground foundations or supports for overhead facilities.
"Usable space" means the total distance between the top of a utility pole and the lowest possible
attachment point that provides the minimum allowable vertical clearance as specified in the orders and
regulations of the Washington Utilities and Transportation Commission.
"Utility facilities" means the plant, equipment and property including, but not limited to, the poles, pipes,
mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the
ground within rights-of-way and used or to be used for the purpose of providing utility or
telecommunications services.
��aai",,. )� tide N.er)pa )al sari a ,�a as a'a +'� ia(iV�u u� �a�r+i��'u�� Pa aa��, mi �i;,n
➢il.�.4 �?I�....A7ra gars 0i� tiss�N ��waa'o'����..
othm 'rNd�0auS iflB' s dd�Vd ml ated
, , ,,,,,,.m �.
t<i.�iA �a., Ah ,r P..xA i Ha d„et iiii th'tic �I�
,,., —11111.�11�.1111,.�i.c ta, aJ,gii1 of
rgupi ;!,)IIr
e ,1a� waa P...��u�re �uu��a.,a...o ,��aiOibFe�ki�ll�r �ti',Ii�iYd�4G t��„f��� �I�h� ”<<p�� a PiAia!����roi 6UniV�iOa � arld
Nrauo ('0d/1,J1 GN "v'1d statutes
"Unlicensed wireless services" means commercial mobile s �rvices t " t opera "public frequencies and
do not need an FCC license. ,
�NNiNM�
15.29.030 Exemptions.
The following are exempt from the provisions this' hap 'r and,p I be p(irmitted in all zones:
A. Industrial processing equipment a cientifi ' r medi quipment using frequencies regulated by
the FCC.
B. Antennas and related equip ent IN' re t n ten" pet in height that are being stored, shipped, or
displayed for sale. I t�6„ 16,.
C. Radar systems fo ,G ifit and civiliaA communication and navigation.
D. Wireless radio�e temiirary emergency communications in the event of a disaster.
E. Licensed teur ha Iadio stations.
a�0�� V Obk I I
FAI'Satellite h ' pnas less than two meters in diameter, including direct to home satellite services,
rl
whet ed as a ecndary use of the property.
G. Routi�r aintenance, replacement or repair of a personal wireless service facility and related
equipment that does not constitute a modification, provided that compliance with the standards of this
chapter is maintained. Structural work or changes in height, type or dimensions of antennas, towers, or
buildings are subject to -the provisions of 15.29.035 .
H. Subject to compliance with all other applicable standards of this chapter, a building permit application
need not be filed for emergency repair or maintenance of a personal wireless service facility until thirty
days after the completion of such emergency activity.
0
I. A COW or other temporary personal wireless telecommunications facility shall be permitted for a
maximum of ninety days in any three hundred sixty-five day period or during an emergency declared by
the city.
J. Telecommunications facilities of the City located upon City property and public utility poles and
fixtures.
15.29.035 Modification of Existing Wireless Tower or Base Station.
Pursuant to 47 U.S.0 Section 1455(a), any request from an eligible facility for modifica n o xisting
wireless tower or base station, which modification consists of a request for co-loc v„ rem val,
replacement of transmission equipment, that does not substantially change ysi , . ime s of
such tower or base station shall be administratively processed and approve Th ecti t tes
provisions and procedures applicable to (a) requests for modification o t su ant' ty change
the physical dimensions of an existing wireless tower or base st n,l nd ( re is r modifications
that substantially change the physical dimensions of an existing wi, less tow or se station
A. Definition of "substantial change".
A "substantial change in the physical dime rs
(a) the mounting of the proposed terin on the to er w Id increase the existing height
of the tower by more than 10./x, r by the I igh� ne additional antenna array with
separation from the nearest
greater, except that t III
forth in this care h ec
(b) the mounting
stand Vor" four,
(c)
anten&Wt to exceed twenty feet, whichever is
nghe proDosed antenna may exceed the size limits set
ry f void interference with existing antennas; or
antenna would involve the installation of more than the
ofa ipment cabinets for the technology involved, not to exceed
one new equipment shelter; or
ou f the proposed antenna would involve adding an appurtenance to the
t 0 �tlhat
would protrude from the edge of the tower more than twenty feet,
no n the width of the tower structure at the level of the appurtenance, whichever
prth
er, except that the mounting of the proposed antenna may exceed the size limits
in this paragraph if necessary to shelter the antenna from inclement weather or
;onnect the antenna to the tower via cable; or
(d) the mounting of the proposed antenna would involve excavation outside the current
tower site, defined as the current boundaries of the leased or owned property
surrounding the tower and any access or utility easements currently related to the site.
B.:p-plication. Any eligible facility requesting modification of an existing wireless tower or base station,
which modification consists of a request for co -location, removal, or replacement of transmission
10
equipment, shall submit an application, on a form provided by the City, for a modification permit. The
application shall include the following:
(1) The name, address, signature and contact information of the applicant, and identification of
relationship to any FCC licensee of the affected facility;
(2) Site plan or schematic drawing showing the current location and dimensions of the wireless
tower and base station, drawn to scale; P44
)0
(3) Site plan and schematic drawing, drawn to scale, showing the locati dimensions of the
requested modification to the wireless tower and/or base station; ���� �� �11140�
q ° ivifP�0,,
(4) A computation and description of the proposed modificat re ng ether or not such
modification constitutes a substantial change in the physi l dimens" ns o' existing facility;
and
'� O�
(5) Any other information deemed necessary or, p e b e City to assist in the timely
processing of the application. �(
C. Review of A location - Ceterminaticnn of u ` tantsal C a Within 45 days of receipt of a complete
application for modification, the admini r .shall view a. "Issue a written determination as to whether
the requested modification constitutes,, a) a� ° scan I change to the physical dimensions of an existing
wireless tower or base station, o ial c ge to the physical dimensions of an existing
wireless tower or base station. adr Itrat may r quest additional information from the applicant or
any other entity to assist in this deti+ inati �s, facilitate expeditious review, the applicant and
administrator, if f'easib „ w V duct a pplication meeting.
(1) Modification it ing of No Substantial Change, If the administrator determines
that such a I)li ',pn O'blishes that such requested modification does not substantially change
the ph)t I di#ienfths of an existing wireless tower or base station, he shall issue a
9per f. Issuance of such modification permit shall authorize issuance of any
.es y rppropriate building permits to accomplish such modification, subject to payment
appli nt of applicable permit fees and compliance with applicable permit requirements.
ON
of all required permits shall occur within 90 days after receipt and approval of a
corrf fete application for a modification permit. The administrator may impose conditions
necessary to achieve compliance with the provisions of this section..
(2) Application Finding of Substantial Change. If the administrator determines that such
application constitutes a substantial change to the physical dimensions of an existing wireless
tower or base station, he shall issue a written decision and deliver such decision to the applicant.
Any modification that substantially changes the physical dimensions of an existing wireless tower
11
or base station shall be subject to the applicable permit and application requirements of this
chapter.
D. Appeals. The decision of the administrator shall constitute an administrative decision subject to
appeal pursuant to Chapter 16.08 YMC.
15.29.040 Site selection criteria.)ol
A. Any applicant proposing to construct an antenna support structure, or mount n ai nn
existing structure, shall evaluate different sites within a one-quarter mile radius to rmine whic site
will provide the best screening and camouflaging while providing adequate to fy iits4f ctiori in
the applicant's system. If the applicant proposes a site that does not provid e b Opp lties for
screening and camouflaging then the applicant must demonstrate byrl,�c
�iawl°iy the
facility cannot be located at the site where it can be best screene',anam fNa� t why the antenna
must be located at the proposed site. Further, the applicant must , onstrat betior
gineering evidence
that the height requested is the minimum height necessa fulfill t insite's f ,
B. Applications for necessary permits will only be s' w the plicant demonstrates either
that it is an FCC -licensed telecommunications ro er o hat it has gre lents with an FCC -licensed
telecommunications provider for use or lease oe suppo stre.
C. Small cell installations and other er m ile radii'"service facilities shall be located and
designed to minimize any significant a erse act. residential property values. Facilities shall be
placed in locations where the exitirw pl veg ation, buildings, or other structures provide the
greatest amount of camouflage.
i
D. In all zones, locat n a tdsign O%iales shall consider the impact of the facility on the
surrounding neighborh n visual impact within the zone district. In all zones, towers shall be
camouflaged using t I isua nd physically intrusive facility that is not technologically or
commercially impra tic un 'the facts and circumstances,
1
established federal, state or local historic districts or historic district overlay
Mral, state or local historic districts or historic district overlay zones filed for record
with ther "state or local agency with jurisdiction (hereafter "pending" historic district or overlay
zones); (c) es, buildings, structures or objects listed in the National Register of Historic Places; (d) state
and local wildlife refuges, and permanently protected archeological sites; and (e) designated areas
subject to preservation or protection through recorded conservation easement. Except as provided in
15.29.050, antennas and antenna support facilities are not permitted in or within 300 feet of any protected
area.
15.29.050 Priority of locations.
12
The order of priorities for locating new personal wireless service facilities shall be as follows:
A. Co -location. Co -locate antennas, towers and related structures on existing antennas, towers and
facilities in accordance with 15.29.035 and 15.29.080.
B. Small cell installations - a00,0 i i Pu. Small cell installations on l9 llu i,ht .,� oda ,.pshall be
allowed in all zoning districts of the City except protected areas on the following structures, subject to the
conditions stated;. �tfil(
1. Street utilitv ooles within oublic rights-of-way..�)
(a�&J� Only owktn�e facility
shall baaeo permitted on any
, street
treet�luv�
a�PitsC,
i
arm
dFIliwgegtlaY¢�'� tiJ or ('Ahi n i(v�m'e' 4140 K 'IN�x
(�x.,,). Where a utility located upon the support str to Jsuc as re or
Mop
utility pole) Gegure:s i°r g� :a urcs vertical separation b - een its cili "i and the
antenna(s), the structure/pole and antenn , iay be `sed by ount to
yep[ 4
p e i�h a a a as a ts„ not to exceed
accommodate the minimum se aration° r I, a
feet. ll)a a� Vito e'gypsi,iia�.k.uaBipgi��.�ivep u��l<<, ny a di ° ns sh I be constructed of similar
materials, and shall ��
have surface treatmeo �r "ch h the c or and texture of the original
facility. i
(d) Approval of ii allat uo, street id'ity poles is subject to any existing utility
�ui�rl�iat emeu>r��itWww�r�".a icable
rules of the
�;asV��uuu�A����l��uu1„4 ut,uiuter�� a+�:�.d:
franch' e r e uir p
, g use of such poles The
City ma Cher we a right-of-way use permit for such installations.
2. N lec "c ra si, towers or unlit ole§ outside ublic rights-of-way. Where a utility
OVI
�port structure (such as N.y afi �.R'an .,q k''h is ��i9 auaa. ”; as ica tuvn,:.,r or utility pole)
vertical separation between its facilities and the
antenn ), the structure/pole and antenna may be raised by a mount to accommodate the
4, not to exceed hy'.�.Ll.Gul„��r1 0 fay( ...feet above the
oA°9i� w�,l!V uoiwP�vU iiti airuU�u i �� r. Any additions shall be constructed of similar materials, and
shall have surface treatments which match the color and texture of the original facility. Approval
of installation upon a,tn,eti lug a ra®a Yuuma�k x�; a k.r'V 's or.,utility poles f��r�„ io�aP& �rsuj��url imp iiia c� Nro4
a 4 yaµy�Js subject to any existing utility franchise requirements, applicable standards and rules of
the WUTC, and limitations concerning use of such poles.
13
C. Public property. Place antennas and towers on public property as further described in 15.29.060
where such antennas, towers and related facilities are disguised by camouflage measures approved by
the administrator.
D. Exitinr ricthts-of-wayand structures — Industrial and commercial zoNng districts. Place antennas,
towers and related facilities on appropriate rights-of-way and existing structures, such as buildings,
towers, and water towers, in the industrial and commercial zoning districts, where such antennas, towers
and related facilities are disguised by camouflage measures approved by the administ
E. indr.rstrial zoning districts. Place antennas, towers and related facilities on plhal
ties in the N ustrial
zoning districts where such antennas, towers and related facilities are carpo f provA the
administrator. Antennas, towers and related facilities on properties in thewiustr ori itructs,
which proposed antennas, towers and/or related facilities are located ftp I
zoned districts, shall be approved by the administrator, subject to ar ufla
administrator. Antennas, towers and related facilities on propertie `n the ind
proposed antennas, towers and related facilities are locate pithin 3 feet fa
a conditional use permit with camouflage deemed appy ate
F
)cal Business District jB-2j and
and towers in districts zoned Local Business
to the following conditions:
1. Antennas, antenna sup
ential
appropriate by the
pzoning districts, which
protected area require
Place antennas
B-2) end Lafag Commercial Center (LCC), subject
towers located within the Local Business District
(B-2) or Large Commer " distr is shall be placed, if possible, no closer than 300
feet from residential zor� dijLeiin
and o cloy than 300 feet of a protected area. An
application to locate a new an enna support structure or tower within the B-2 or LCC
districts, and r dire '"'300 fresidential zoned districts and more than 300 feet from a
protected area i�^s� roved by the administrator, subject to the administrator's approval of
camouflage. �y
2. A plic rt -wishes to locate a new antenna, antenna support structure or tower within
CC ricts, and within 300 feet from residential zoned districts or within 300 feet of a
prote d a f shall demonstrate that a diligent effort has been made to locate the proposed
ommu cataons facilities on a site, private institutional structure, or other appropriate existing
t -s more than 300 feet from residential zoned districts or more than 300 feet from a
prod dted area within a quarter -mile radius of the proposed site, and that due to valid
considerations including physical constraints; and technological feasibility, no more appropriate
location is available. Such antennas, towers and related facilities may :a" approved by the
administrator, subject to the administrator's approval of camouflage. Such proposed structures
are also subject to the balloon test and/or visual impact assessment requirements of 15.29.070 in
order to assist the administrator in determining appropriate camouflage.
14
qG. Residential zoned districts. Except for .pok,,a installations permitted in the residential
zoned districts as set forth in subsection B above, applications to place antennas and towers in residential
zoning districts or within 300 feet of residential zoned districts, other than within the B-2 and LCC zoning
districts as provided in subsection F above, shall be subject to the following conditions:
1. An applicant that wishes to locate a new antenna support structure in a residential zone, or
within 300 feet of residential zoned districts, shall demonstrate that a diligent effort has been
made to locate the proposed communications facilities on a government facilif,"Of
irI'.,tFl��t�rd�4 rtinuct�. r e,., or other appropriate existing structures within a noSesi.13,101,11riti4'
within
a (i,,,, H l�r� �fn0si , i�t�ii au au��_mradius of the proposed site, and that due to validderations i e luding
physical constraints, and technological feasibility, no more appropr' O ' avdtt o.
2. Applicants are required to demonstrate: (i) that they ha v the neft of structures
in excess of thirty I'ie�b feet within a one-quarter mile rad",s o he s pr se and which from a
Ipp)
location standpoint could meet the coverage/capacity obj tives of t e f 'Nity in the applicant's
network; (ii) have asked for permission to install t ,antenn rton thos Factures; and (iii) were
denied permission of use for reasons other th e a ility or fusal of the applicant to pay a
market rate for use of the alternative struc
r,
3. The information submitted by the pli ant s II id'el (i) a imap of the area to be served
by the tower or antenna, (ii) its relations to oth sites in the applicant's network, and (iii)
an evaluation of existing buil Iler t i 30_3 ,'A et, within a h W mile of the
proposed tower or antenna ph fir 11 a to tion standpoint could provide part of a network to
provide transmission of i, I t�
4. The propose antenn wer nd antenna support structure is camouflaged.
H. Protected areas, nnas and towers in or within 300 feet of a protected area, other than
within the B-2 and g dII ' s as provided in subsection E above, subject to the following
conditions:
k
' masa s tower,, facilities proposed to be located in or within 300 feet of an established
or p in ral', state or local historic district or historic district overlay, are facilities that may
affect tri: �s, sites, buildings, structures or objects, significant in American history, architecture,
he gy, engineering or culture, that are listed, or are eligible for listing, in the National
R ter of Historic Places. (See 16 U.S.C. 470w(5); 36 CFR part 60 and 800.). Applicant shall
comply with applicable provisions of the National Environmental Policy Act (NEPA), including but
not limited to the Environment Assessment provisions of 47 C.F.R. 1.1307, et seq. and comply
with any mitigations imposed therein.
2. An applicant that wishes to locate a new antenna support structure in or within 300 feet of
an a protected area, shall demonstrate that a diligent effort has been made to locate the
proposed communications facilities on a government facility, a private institutional structure, or
15
other appropriate existing structures or site outside and more than 300 feet from a protected
area, and that due to valid considerations including physical constraints, and technological
feasibility, no more appropriate location is available.
3. Applicants are required to demonstrate: (i) that they have contacted the owners of structures
in excess of thirty ph��±. �,����� feet within a 4,,,, �o mile radius of the site
proposed and which from a location standpoint meet the coverage/capacity objectives of the
facility in the applicant's network; (ii) have asked for permission to install thetta on those
structures; and (iii) were denied permission of use for reasons other than he bility usal of
the applicant to pay a market rate for use of the alternative structures.
�Ik��
4. The information submitted by the applicant shall include (i) a p cf' arA t served
by the tower or antenna, (ii) its relationship to other cell site ican net pork, and (iii)
an evaluation of existing buildings taller than 30 feet, witin e-qu er r the proposed
tower or antenna which from a location standpoint could vide pa of etwork to provide
transmission of signals.
5. Aifl(,,,ireeas ani'l iowers 1,Jcvn� vy, ie,e:s
an established or pending federal sta" or local ltori"jgfrict,
h
rotected Iii,>h��r.p .area, ,
UM 4 ,set (frit
"j,,,nproposed to be located in
)ric district overlay, or other
fi .tio�rk,,,
b�eo Au�prw�s Vi ���" ..p`....
of
G4wA M� vd a'"'w �iP :^^Ai��u�fii�;,'� MP N@kpi��d,,a '3fU4V �kwmr a "III 'Vg bl,xf"'Iy
4"1 [4 �11144r ffi( 1,11:
�r-oi� a ria �d.ffw:�
6. The prop n Y a, tower and antenna support structure is camouflaged,
j
15.29.060 Siting p° on fic property.
A. Where puu I ro rt uoamught to be utilized by an applicant, priority for the use of government -
own"°
p less.' ennas and towers will be given to the following entities in descending order:
1. CII(ASO)
of akima, except that any facilities proposed for location within the Airport Safety
are further subject to the limitations and requirements of Chapter 15.30 YMC;
2. Public safety agencies, including law enforcement, fire and ambulance services, which are
not part of the city of Yakima and private entities with a public safety agreement with the city of
Yakima;
3. Other governmental entities, for uses that are not related to public safety; and
16
4. Entities providing licensed commercial wireless telecommunication services including
cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced
specialized mobilized radio (ESMR), data, internet, paging, and similar services that are
marketed to the general public.
B. The placement of wireless service facilities on city -owned property is subject to the discretion of the
city, a_Pd approval of lease terms that are acceptable to the city, and must comply with the following
requirements: n IIIINk
1. The facilities will not interfere with the purpose for which the city-owri4 roperly is i ended;
2. The facilities will have no significant adverse impact on surrou din vate p ,rly, or any
significant adverse impact is mitigated by screening, caniouf r rer c itio required by
city;
3. The applicant shall obtain adequate liability insurance pining t as loss payee and
commit to a lease agreement that includes equi a compe ation f the use of public land and
other necessary provisions and safeguards. Th?cit, est ish fees after considering
m
comparable rates in other cities, potential p es, risks the "ty, and other appropriate
factors;
v.
Irm
4. The applicant will submit RNter of it, per ance bond, or other security acceptable to
the city to cover the costs of pi mil
o the cilities;
006411
5. The lease shall pro "d ap Nucant ust agree that in the case of a declared
emergency or document hh a p Nic healtlh, safety or welfare and following reasonable
notice the cit bra* e ire t m ant to remove the facilities at the applicant's expense.
mai
TelecommunN ir( "cities serving essential government services and other government
agencies shall 1 pri &Over other users.
6. Th ,,p li )uWf reimburse the city for any related costs that the city incurs because of
pplicant's facilities;
7, TIW ap fbant must obtain all necessary land use approvals; and
applicant must cooperate with the city's objective to encourage co -locations and thus
limf "the number of cell sites requested,
C. Special Requirements for Parks. The use of city -owned parks for personal wireless service facilities
brings with it special concerns due to the unique nature of these sites. The placement of personal
wireless service facilities in a park will be allowed only when the following additional requirements are
met:
17
1. The city parks commission has reviewed and made a recommendation regarding proposed
personal wireless service facilities to be located in the park and this recommendation has been
forwarded to the city council for consideration and approval;
2. In no case shall personal wireless service facilities be allowed in designated critical areas
(except aquifer recharge areas) unless they are co -located on existing facilities;
3. Before personal wireless service facilities may be located in public parks, I impacts and
disruption of normal public use shall be mitigated; u1t11�
4. Personal wireless service facilities may be located in public par tt t. djacnt It 'an
existing commercial or industrial zone;
5. Personal wireless service facilities may be located in p m eNce fillties.
u�
0
15.29.070 Required submittals and testing. IIID
Required submittals include:^
A. If the applicant is not the landowner, applicant shall provide ar, viii itteir, authorization tNeoi...sga iazd!.. )y
the landowner<� 9�fl-tori kn 1 t ii4 „ �, �aluNu� k,t nto submit for permits on the landowner's behalf. Y Il u�.,..W itta ieI
q;4i"InNlill� il�P4nl@ 91140. '� + i VP iuRl"dw'"ik 1Vll l"" l�rli 41:11Via" n a sta-'rG4"ni nt r'ikf d a';��,nOVyib,,dc0.'V�4i�,I,r.r;..,l�D"if eGhu 1��4Yp)tiU�4r,I
.................. m
�. !
CW aei�liii�rmwtt, t.,_Jf any applicant "";k':..co,
is a date of such creation gondV reign n.c` n gat on9�er organized group or legal entity, it shall provide the
n. g , a copy of the certificate of authority filed with the state
of Washington, Secreta t °s ffice.
(e'd
T
B. An affidavit e�� licant, landowner (co -applicant), and the antenna support structure
owners.ifi�dlffe�t, in�atithat:
1. kie M. q uo}� tj�t.d,,w4�t��tl� Htuww di,a �Im <p�tee K ��. �nu��4 ��®.�c4��.. agreeto ft�kir�u.ul�i a tau t ��f0��
ilua��z�1i� iia„dismantle and remove the WCF/antenna support structure and restore the site to
its roxirate original pre -structure condition within the applicable time limits set forth in YMC
15.29.120 following receipt of a letter from the city indicting that the facility is deemed abandoned
or in violation of this chapter; and,
2. In the case of freestanding /antenna support structures, they consent to co -location, at
reasonable terms, of as many antennas and related equipment as feasible, including those of
other communication providers, on the applicant's structure/site.
18
�....�',,. II�� ,,iq ®.,i��iA
�sciI affidavit 0rna.m- mrj,��me�,�_u, 1�'P.rel;�°l v��aka,.p Vii (�:iiKirn � C.iu..m
nPu �r of I�'ui Gi6�%, tl9ltl� y��PaO is Ia.�...,
C. Complete application for conditional use permit, including State Environmental Policy Act (SEPA)
checklist if required.
D. A "balloon test" is required d for any application requiring a conditional use pen "t orrari xcept
for proposed fry,-�pl �,�,Il-�4ilil� ib�al�, installations). In order to better inform the pubis ,�' applicant all,
prior to the public hearing on the application, hold a balloon test. The appii n I arr �, e to or
raise upon a temporary mast, a brightly colored balloon, that is repres ti r siz ig f the teal or
array including all standoffs, at the maximum height of the proposed er. h tes °ncluding a
second date, in case of poor visibility on the initial date) times an caiool o 'his h n test shall be
advertised by the applicant seven (7) and fourteen (14) days in adv ice of th I lest date in a
newspaper with a general circulation in the City. The apA,' nt shall i rm th - ity, in writing, of the
dates and times of the test, at least fourteen (14) day, in v The alloon shall be flown for at least
four consecutive hours p;"lch kAdf l�i„,�,!�mh(io-t�,a� k i,,,'� cretin bet , en 7:00 am and 4:00 pm on
the dates chosen. i kip � la 'st Nvo of the primary dates shall be on a weekend, but in case of poor
weather on the initial date,; �, the secondary date,,> may be on a weekday. No trees shall be removed to
conduct the balloon test. A report withopicWes fro , variou cations of the balloon shall be provided
with the application. Photos of the
hundred feet from the base of th'p
proposed tower, and three (3) to for
proposed tower shall be
additional
ee (3) locations located approximately three
aced evenly in a circumference around the
3xi ately one-quarter mile from the base of the
after the commencement of the balloon test;
oca ' or locations deemed appropriate by the city, and will provide notice
ted historic district association or organization. Additionally, and
use any other means deemed advisable to provide advance notice to the
requests may include any combination of site plans, surveys, maps, technical reports,
s necessary to convey the information required by this chapter in addition to any
uirements of YMC Title 15, and other applicable ordinances;
F. A visual impact assessment with photo -simulation of the proposed facility is required for all
applications that require a conditional use permit or variance. As part of such application, unless waived
or modified for proposed W,IRuI( i�lr installations, ;,the applicant shall furnish a visual impact
assessment, which shall include:
19
(1) If a new tower ori substantial modification increasing the height of an existing structure is
proposed, a computer generated "Zone of Visibility Map" at a minimum of one mile radius from the
proposed structure, with and without foliage shall be provided to illustrate locations from which the
proposed installation may be seen.
(2) Pictorial representations of "before and after" (photo simulations) views from key viewpoints
within the Zone of Visibility... Guidance will be provided, concerning the appropriate key sites at the 1i pre-
�
application meeting , ,; hn�u . 1. Provide a map showing the locations of where the pa irekvere taken
and distance from the proposed structure. �,
(3) A written description of the visual impact of the proposed facility "ng; as cable
the tower base, guy wires, fencing and accessory buildings from abutti an dja t pro °ies and
streets as relates to the need or appropriateness of camouflaging. )l
��` �iNIUM ^' "
G. A site elevation and landscaping plan indicating the specific p cement th cility on the site, the
location of existing structures, trees, and other significantfeatur the ty d location of plant
materials used to camouflage the facility, and the prop Ormaterials ed to construct and color(s) of
the facility;"
H. A signed statement indicating that (1) the pIic"int a last er agree they will allow co -location
of additional personal wireless service facilities b other pr ` on the applicant's structure or within
the same site location, subject to goo I I egoti 'on of c 7pensation according to market rates, and
(2) the applicant and/or landlord a re rer e th Iacility within -90 days after abandonment;
I. Signed documentation such the eckli to Ce mine Whether a Facility is Categorically
Excluded" to verify that the wireles" leco u wcation facility with the proposed installation will be in full
compliance with the c fen RF II
�ns guidelines
NIER). If not categoric �� `ol d,a complete RF Emissions study is required to provide verification;
J. A signed staff en th roposed installation will not cause physical or RF interference with other
applicable for the intended use of the wireless telecommunications
L. A site plan clearly indicating the location, type and height of the proposed tower or antenna support
structure and antenna, accessory buildings, fencing, landscaping, topographic contours of the site at two -
foot intervals, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed
means of access, setbacks from property lines, elevation drawings of the proposed tower; and all other
items required in this chapter;
Pic
M. A current map and aerial showing the location of the proposed tower, a map showing the locations
and service areas of other personal wireless service facilities operated by the applicant, or sites acquired
by applicant for the benefit of, or on behalf of, any other personal wireless service facility operator, and
those proposed by the applicant that are close enough to impact service within the city;
N. Legal description of the parcel, if applicable;
O. The approximate distance between the proposed tower and the nearest residenti platted
residentially zoned properties, and unplatted residentially zoned properties;
P. A landscape and irrigation plan showing specific landscape materials a rjat�syste
N
r,
Q. Method of fencing, and finished color and, if applicable, the meth f � an��� 116mination;
R. A letter signed by the applicant stating the tower will comply°ith k FA rs and EIA
Standards and all other applicable federal, state and local laws an egulatio
S. A statement by the applicant that the design of the er )„�cco Plodate co -location of additional
antennas for future users;
I 11110
T. The telecommunications company must d on trate iat it`"1 eased by the FCC if required to be
licensed under FCC regulations, and will meet F requir
U. The applicant, if not the telecom nica s se ice provider, shall submit proof of lease agreements
with an FCC licensed telecomm �� v r if h telecommunications provider is required to be
licensed by the FCC; and
V. At the time of site ble the anti fit shall demonstrate how the proposed site fits into its overall
network within the city.
W. A map showin ca , of any properties that are within one quarter one mile of the proposed
site that are prat d e
16,29. Co -I ation.
To minimilv&erse visual impacts associated with the proliferation of towers, co -location of personal
wireless service facilities on existing or new towers is encouraged as follows:
A. Proposed facilities may, and are encouraged to, co -locate onto existing towers. Such co -location is
permitted by right and a new or additional conditional use permit approval is not required, unless
additional height or dimensions are proposed that constitute a substantial change to the tower and/or
base station pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012.
Changes to towers and base systems that wns.tute oonsMuto a substantial change as defined by
21
15.29.035 are subject to variance procedures and reasonable conditions to assure consistency with the
policy, site criteria, and camouflaging provisions contained in this chapter.
C. The city may deny an application to construct new facilities if the applicant has not shown by
substantial evidence that it has made a diligent effort to mount the facilities on an existing structure or
tower within mile of the proposed facility.
D. To reduce the number of antenna support structures needed in the city in the fU
support structures shall be designed to accommodate antennas for more than one
provider, unless the applicant demonstrates why such design is not a,uuodd�uddd dddiu
Pre feasible for technical or physical reasons; or for aesthetic reasons necessar
stealth structures in residential or protected areas.
E. The applicant shall examine the feasibility of designing the prop
demand for at least four (�) PdLg (2) additional commercial applicans,
The tower shall be structurally designed to accommodate al, least J'"
arrays equal to those of the applicant, and located as cl
causing interference. This requirement may be war
demonstrates that the provisions of future shard age
kiPdudidd�xu dydoeli� [uwi�u�. ud ids �;pliv¢ or creates an unne sary a
iw proposed
S''�'toice
,offt
;arra J ng or
d
u�
modate future
ply; 'ffffure co -locations
ditional antenna
to the appNthpplicant,
t's antenna as possible without
d t in writing,
the towe echnologically feasible is
�unr .' nable burden, based upon:
r"ddT ",.
(1)The kind of wireless telecnun tions cilit
o "ies site and structure proposed;
(2) The number of existi and ntial icense without wireless telecommunications facilities
spaces/sites;�II
(3) Available sp, `on �u�g and approved towers or other appropriate structures.
�m
The owner of a a ms " ^ ,' and his/her successors in interest, shall cjlh r°
ditiuffwrrdueuGffk.s Sidd iivaau,.lua u14;a;:
Y ioii wurtfless u
w °� �uiiH negotiate in good faith for the +x';w-
ff �qY� G VuVVra D H�d� ,," �p�d�d�d f - '� �fd��Vrd�� � �d[d C 6.."r... �.�� '�
dd4°:� a ud it ammgir shared use of the proposed tower by other wireless service providers in the future,
... �,... ....., . ,. �..e. .,...........
and shall- :Olow �,,haip uiu. dJ Of d i(°WEr i ?�u���r�o
th Rid ➢u �
d_weuud�:i�,�.rp (," .d9"halluul� °m� up' ,u9dd Q�iu,ff,(u� idqut dgml! ,not Hni0t,',d, doa
the aero( of site ����� iu�a 1ii;p!.�i�, G i�iuu��;ind.i,.lau�oue(t affw"rvdnaO aUon,.:..0and �a��n„ 9a��;� re(_ ��d�.i��� a ou s i uacion
uff udu uooui+cru �uud.�:..0 orrMpq piiu�i�„� uuon„ dd,n.d' .tion �e..U� ��..�:� Ifli� vu ?d�ue�..���ud� K�&!uf ilud pot-';i,Eof
ddu ... ... .I'll
22
II�"ari��t ,,�. u�V";�
_._.a. 1d tVseiI \�IIt�d�wlf6U k �'RNq°f°
alY��'�h � �BIGiEf�V9i�W Y4�e
a',��71VII
Vnt el' III'"eV°1ic ,
� k [i6411�y4o l.�e wpb a Y, C ?J� nQ�rl4' 4nlVrifl$�,� fla. 'll:a.
i�,rr ri teu u ,,lhK, I, i,ry wa
�M
(4) Failure to abide by the conditions oNIL
ed a
use permit.
grounds for revocation of the special
F. All wireless service provider a'M ° 11 o gent hereof shall cooperate in good faith to
accommodate co -location with c peti
15.29.090 Design crfter��
A. As provided ab e ciijlres shall be designed to accommodate co -location, unless the
applicant demo e �i design is �x�r'��� G �� t, II�n�iR t �Iu� �i�a � u.��i�Gr� or not feasible for technical or
physi ~Z
lily with the following standards:
lYaback. A tower's setback shall be measured from the base of the tower to the property
inof tlin of the parcel on which it is located. In residential zones or where a proposed tower is on
property abutting a residential use, towers shall be set back from all property lines a distance
equal to one hundred
q 9, G wm percent of tower height as measured from ground level. In all
�� b,
other zones, or where a proposed tower site does not adjoin an existing residential use, towers
shall be set back a minimum of thirty feet. When making a decision on a variance application to
reduce setbacks, the hearing examiner shall consider the following:
23
a. Impact on adjacent properties, including viewsheds, shadowing, visual dominance of
the tower and base structures as seen from streets and rights-of-way, and historic integrity
of the neighborhood;
b. Alternative sites for personal wireless facilities; and
c. The extent to which screening and camouflaging will mitigate the effects of the
p Baa r a u rA wireless facilities. �1f
tm4A6p®Ypw�imYr,krv��.
i........Setback,
a�aNw `ean
pl���tiltiti55�l�pllllllll�uuum�s
m/\Nnn" a i)��rbf I�res �"y,,,,a,� lUJip§n t(N his( h!'L aH be
.............................
a �' minili nu Am of one� �u
qr r aruu.,�pflFua gt,tu,a iva ud Ifll ubut'�t�,�uraa:y���; uuua ro
Mn� I. "e facfliflos and antenina ,1;uu.pwitaa)ull snua twos ow11 a��iapllaPa a'(i r�arna.� �� tiq r q dGpgp�.
��irtl�t � pa-� p...Nua Ilwa u�li�pV,..t.h a.H h app aw;ate�J paa�IfOa �l'uwua Vwru��, r.upued aui...pd all tphr r dat°�'.�..a
arra k, and p.�Aontl al bi.upl(iww?.f.tsuua.h.Suuwua:::t.0„wa s„(u7�1�w?,,,t�i'mG;�xj pa�,td���c, Vu�IL°,'� G� irlifrupum
elPba k;,.Hni,�) a a p” auu�uuu.u,.bwpw�ua� of a�.�w o Ihuuunapuu,ad�ti �u����ua �t��A�u r�w�tp ��� tli��� fau�r�u+r��, ra'„opwpin�u�uwu����u
w pw rat s iuu l �iu.,awa.,.�
...rr;kufViu peau �uti+ uupgp�dtrrQa pwwg�t tuupa�uawusa �huu�tp,ty�wi mPu4u�; iuuua.:`M..�� .a„.i.,p ar,
uty pa .et 1111 dua urpVrp 4®luwa,11i auewllll"o .f.�.f::.d wwu i cJiit a aaq vi roy_, ,1c11I111t—fa Plot. 1Sba;ucl`r
as a aalrt V;tgi' out n i!'.rarnN��f4t Ii Gar RI� s
;,; ......, ..p he a�,ll, rr....h t sa pfiduua al I'w� p:rwi� �o-��alJ ^3p furtwu � u u §)u alpLug; uuu°...t.>u.aua d ffflllwu tllk:'
pa1aa a r.ak�`Ilh ant a�wuunnt., u,pi.a�tf.aa;�„yuu�wr��,��urn° �a� iGliw�u .V.�uaapua;�u�lwt n�afu�� ��P u�a�' la �wcr ::p f.�.�u:a,t�w�h Vo- u� 1",”,
loc,Eded, Wif:ru liu,� 1r uua uw atp an4”"..Cd „�a f�Jeu a� 6� � h ulH �rgt wrua.au^ u.uw;�'p tta�u�a ill�a�a
r�.ttluu u' than tla�o L)
a n . , . .m ��. ? °...
p.�.u° �aaua�raa_u�a �aualllaa�awu4 r uau,u,t. sllaarnr Ilya, ;aa���bil-4 p ua a f,u..... rp Lauar: wu�auw�i pr N,
hbo: p
V=LL
2. Right -of -Way Setback Exception. The setback requirement is waived if the antenna and
antenna support structure are located in the city right-of-way, provided the antenna is attached to
an existing utility pole and does not substantially increase the height of the utility pole and/or
extend above the utility pole by an amount determined to be a substantial modification pursuant
24
to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 and applicable
interpretations of the Federal Communications Commission, or the minimum separation required
by the owner of the utility pole. wall Gell ulu.'.i.. a„„,H„ a d vk' ,�yinstallations attached to utility poles
are permitted in all zones (with the exception of conditional use permits required for installation
upon utility poles within protected areas) subject to approval by the city in its sole discretion, and
pursuant to license or franchise agreements with the city.
3. Tower and Antenna Height. The applicant shall have the burden of demo ng that the
tower and antenna is the minimum height required to meet the proven co, micat eed. No
tower or antenna that is taller than this minimum height shall be approve tower or t Lint
together with antenna shall exceed sixty (60) feet in all single-familo,ifar i �esidA 1i I„
Downtown Commercial, and Professional Office zones or one hu�� d tei et if t#6r zones.
Additional height may be permitted to accommodate co -I
4. Color. Towers shall have a dark color such as forest ” een, chaVodark brown,
depending on the surroundings or background th pirdmiz their vunless a different
color is required by the FAA. Colors shall be tain d and painted as necessary to maintain
original color, to repair fading through we 94 t�- eve flaking..
5. Lights, Signals and Signs. No sig Is, n Ilghts, r si all be permitted on towers unless
required or allowed by the FCC or the Shoul ing be required, in cases where there
are residents located within )” ce th .s thre undred percent of the height of the tower,
then dual mode lighting shall req ted ' m the FAA"
mti�i�N�
6. Fencing. A well -con ucte all or oode -"fence not less than six feet in height from the
finished grade sh It be pro ' d a Lan each personal wireless service facility. Access to the
tower shall b 11ro a locke The use of chain link, plastic, vinyl, or wire fencing is
prohibited unl'� Is screened from public view by a minimum eight -foot -wide landscaping
strip.14�
ti yw�"
7,. LaAs ca no. m�
scaping. Landscaping is an element of camouflage. Landscaping, as described
h ei shall be required to buffer personal wireless service facilities to soften the
pearance of the cell site. The city may permit any combination of existing vegetation,
topography, walls, decorative fences or other on-site features instead of landscaping, if
they achieve the same degree of screening as the required landscaping. Wire fencing may
be allowed if it is fully screened. If the antenna is mounted flush on an existing building, and
other equipment is housed inside an existing structure, landscaping shall not be required.
b. Buffers. The visual impacts of a personal wireless service facility shall be mitigated
through landscaping or other screening materials at the base of the tower and ancillary
structures. The following landscaping and buffering shall be required around the perimeter
25
of the tower and accessory structures. Landscaping shall be installed on the outside of
fences. Further, existing vegetation shall be preserved to the maximum extent practicable
and may be used as a substitute for or as a supplement to landscaping requirements.
A row of evergreen trees a minimum of six feet tall at planting a maximum of six
feet apart shall be planted around the perimeter of the fence.
ii. A continuous hedge at least thirty-six inches high at planting c
to at least forty-eight inches in height within eighteen months shall
of the tree line referenced above.
An automatic irrigation system providing irrigation
type, season and maturity of plantings.
iv. To guarantee required landscaping the
year landscape maintenance guarantee..
v.. In the event that landscaping
year landscape guarantee peri
notice may maintain or est alis t1
for such costs until such costs are
8. Screening. Screening,
into existing features on
shall take priority over ir+
telecommunications facil,
of growing
dad in front
plant
e city with a two -
the required level after the two-
hirty days' advance written
l both the owner and lessee
wise integrating a telecommunications facility
the facility as visually unobtrusive as possible,
modate co -location. A personal wireless
ough location and design to blend in with the
to be visually unobtrusive or screened. To be considered
ount shall be placed amongst and adjacent to (within twenty feet) of the
rgreen trees at least seventy-five percent of the height of the facility.
,,trees are preserved the following note shall be recorded on the property
within 50 feet of the telecommunications facility located on this property, which
screen the telecommunications facility shall be retained for the life of the
facility. Screening trees may only be removed if deemed diseased or
dangerous by a certified arborist. Before any trees can be removed a report from the
certified arborist shall be submitted to the City for review and approval. Unless approved
by the City, only that portion of the tree required to remove the hazard can be removed.
If located in or within 300 feet of a residential zoning district or in or within 300 feet of a protected
area , camouflaging shall be accomplished by designing the facility to look like
surrounding evergreen trees or other customary structures in the area, unless the
26
applicant establishes that such construction is technologically
under the facts and circumstances.
9. Required Parking. If the cell site is fully automated, adequate parking shall be required for
maintenance workers. If the site is not automated, arrangements for adequate off-street parking
shall be made and documentation thereof provided to the city. Security fencing should be
colored or should be of a design which blends into the existing environment.
�tist
10. Antenna Criteria. Antenna on or above a structure shall be subject to th gfollo
a. The antenna shall be architecturally compatible with the bI a wall ,n w ch it is
611 ko
mounted, and shall be designed and located so as to minimi aru aver e ` detic
err
impact. mu�IllW. tfi.m,
b. The antenna shall be mounted on a wall of an istir�g bur ing a configuration as
flush to the wall as technically possible and shall not oject ab wall on which it is
mounted unless it must be for technical ret'C4',
s. In no ent sh an antenna project more
than sixteen feet above the roofline, in�c � ts.
c. The antenna shall be const, cte w pail
C.
of,�ful scre ed to match as closely as
possible the color and texture of t buildin n a I on which it is mounted..
d. The antenna may at ed to n exist±ng mechanical equipment enclosure which
projects above the , e ing, t may not project any higher than the enclosure.
e. If an accessor uipi t s6 Iter is n esent, it must blend with the surrounding
building in chitectu �ha r cter, materials and color.
f. The na ny accessory buildings must be architecturally and visually (color,
size, rtilo;l c tibI the �^,�,�t����� ��.�,�����l,�i�.�-with surrounding existing buildings, structures,
vele nd ' s. Such facilities will be considered architecturally and visually
are camouflaged to disguise the facility,
ocation and development shall preserve the pre-existing character of the site as
as possible. Existing vegetation should be preserved or improved, and disturbance of
fisting topography of the site should be minimized, unless such disturbance would
,.,� - in less visual impact of the site on the surrounding area.
h. On buildings thirty feet or less in height, the antenna may be mounted on the roof if the
following additional criteria are satisfied:
i. The city finds that it is not technically possible or aesthetically desirable to mount
the antenna on a wall.
27
ii. Roof -mounted antenna and related base stations are substaRt+ally screened from
view by materials that are consistent and compatible with the design, color, and
materials of the building.
iii. No portion of the antenna may exceed sixteen feet above the height of the
existing building.
If the antenna is placed on the roof or above the top of a building, it shat ide t N "Ile
o„+on+ feasible a minimum setback equal to the height of the panel ante ja fr e
rooftop edge,
above the highest point of the structure orn which they not nd'N � i i feet
Antenna, antenna Y pp shall
ed
antenna
array, and their support structure shall be mounted soto b ndh t structure to
11b
which the antenna is attached. The antenna and its pport st a ctur ill be designed to
comply with applicable building code standar s. The tenna, Awa array, and their
support structure shall be a color that ma s the field trim c for of the structure on
which they are mounted.
j. Guy Wires Restricted. No gL or her pport ' s sha be used in connection with
such antenna, antenna array, or it f support 'rL a except when used to anchor the
antenna, antenna array, port ucture 'n existing building to which such antenna,
antenna array, or supp strU to is taohed.
11. Equipment ;truct s.
ti
a. Gr dve equip' t„ uildings, and the tower base shall be screened from public
view an oil view of abutting properties. The standards for the equipment buildings
are as foll t�
b. tie floor area is five hundred square feet and the maximum height is twelve
UW
unl t i applicant demonstrates that a larger area and/or height is r-easonab!
ec aty to accommodate the proposed facility and possible co -location..
Except in unusual circumstances or for other public policy considerations the
ipment building may be located no more than two hundred fifty feet from the tower or
antenna.
d. Ground level buildings shall be screened from view by landscape plantings, fencing, or
other appropriate means, as specified herein or in other city ordinances.
28
e. In instances where equipment buildings are located in residential zones, equipment
buildings shall comply with setback requirements and shall be designed so as to conform in
appearance with nearby residential structures, including building form, materials and color.
f. Roof -mounted. Equipment buildings mounted on a roof shall be designed to match and
be integrated into the exterior design and materials of the building. Equipment for roof -
mounted antenna may also be located within the building on which the antenna is mounted.
Equipment buildings, antenna, and related equipment shall occupy no N re ti enty-
five percent of the total roof area of the building the facility is moue n, whr h m vary if
co -location and adequate camouflage is used.
12. Federal Requirements. All towers must meet or excee tand s ar regulations
of the FAA, the FCC, and any other agency of the feder I g ern t th authority to
regulate towers and antennas. If those standards and re Iations ar ch ged, then wireless
service providers governed by this chapter shall Mpg their wers a sennas into compliance
with the revised standards and regulations wit ' ix month f their affective date or the
timelines provided by the revised standard d s„ 'chever time period is longer.
Failure to bring towers and antennas into i'mp ncb with e re ed standards and regulations
shall constitute grounds for revocatio f permit. ' ing Codes — Safety Standards. To
ensure the structural integrity of towers, e owne ower shall ensure that it is maintained in
compliance with standards c l in a licable dty building codes and the applicable
standards for towers that are rblis by t Electronic Industries Association ("EIA"), as
amended from time to t ie, n ectio the city concludes that a tower fails to comply
with such codes and sta ,prds co titutes danger to persons or property, then upon
notice being ovi'ed to tie ner f the tower, the owner shall have thirty days to bring the
tower into c0 liawitie srrc r andards. If the owner fails to bring its tower into compliance
within thirty da e rrrpy remove the tower at the owner's expense.
13. Stru ur si I-owers shall be constructed to applicable EIA Standards, which may be
amen "frog ti time, and to all applicable construction/building codes. Further, any
NN
nt dditions to existing towers shall require submission of site plans stamped by a
proon gineer that demonstrates compliance with the EIA Standards and all other good
dustr practices. The plans shall be submitted and reviewed at the time building permits are
ed.
No personal wireless service provider or lessee shall fail to assure that its antenna complies at
all times with the current applicable FCC RF Emission standards. 16. Antenna Support
Structure Safety. The antenna support structure shall be secured against unauthorized entry. All
support structures shall be fitted with anti -climbing devices, as approved by the manufacturers.
15.29.100 Permits required.
In addition to the other provisions of this chapter the following permits are required unless otherwise
stated:
A. The following, which are subject to administrative review, approval and permit:
1. Modifications to eligible existing facilities pursuant to 15.29.035 and 15.29.080 that do not
constitute a substantial change; modifications that constitute a substantial cha quire a
r
variance;
2. Small Gell ,L)Ok',installations in any zoning district, except il ti 41 hin a prot tied
area, as approved by the City. )� %11, �iWilk 'a
3. Antennas, towers and related facilities located within or on" ent wned property or
structures where such antennas, towers and related facli s are ca oufla d as approved by
the city;
4. Antennas, towers and related facilities loca . ^sinro',c
y e rights-of-way and existing
structures, such as buildings, towers, and i is I and commercial zoning
districts where such antennas, towers\idtiNa
'e acili es •e ca uflaged approved by the city;
t
5. Antennas, towers and related facited d industrial zones of the city, including
proposed locations within 300 ee� zoned districts, where suchantennas, towers
and related facilities are , p qgeved by the city;
Ism '4111i131, WI
6. Antennas, towers an late cilit" s locat d within the Local Business District (B-2) and
Large Conven' nc Center ) z ping districts where such proposed site is (a) more than 300
feet from resi ntia ned distr° and more than 300 feet from a protected area, and (b) such
structures are c ufla s approved by the city.
Anth is R' d locate a new antenna, antenna support structure or tower within the
applica
o%icat
ct ';'end within 300 feet from residential zoned districts or within 300 feet of a
all demonstrate that a diligent effort has been made to locate the proposed
ms facilities on a site, private institutional structure, or other appropriate existing
ctur more than 300 feet from residential zoned districts or more than 300 feet from a
d area, and that due to valid considerations including physical constraints, and
teclTholo,gical feasibility, no more appropriate location is available. Such antennas, towers and
related facilities may approved by the administrator, subject to the administrator's approval of
camouflage or disguise by stealth. Such proposed structures are also subject to the balloon test
and/or photo -simulation requirements of 15.29.070 in order to assist the administrator in
determining appropriate camouflage and/or stealth requirements.
30
f ap iHties kx a ed it)�e si, ens l lM.)nq,,,," '�Iitin®�"00 Irl i.e .�N�'1��u�U �.G
oln lhlal 'c...1J si!t.!n that ���hu�d �� ..��A the.,lacNfles.�..1nii.i.!..i(fi��n0 I)Ws not l iiJted is !�
Ila �ps:,eah fee�, bell trerrs Ant�nna, L'�no �and ... .fa iiHl"..�..th:;iii d ,.. .
B. Except as set forth in subsection A above, a conditional use permit is required for ~ $10Tposed
antennas, towers and related facilities.
C. Procedures governing variances are set forth in Chapter 15.21 YMC; pr"d ever, 4tha , he
YK
criteria for variance approval shall be governed by the following provisions, vd ce t 0 eight or
area limit that constitutes a substantial change may be granted if the an s w bvidence that
the additional height is necessary to provide adequate service to he Nkside d e c"r and no other
alternative is available. When granting a variance the examiner s I I require at significant portion of
the tower and related facilities be screened by existing ever reen, tr s or exi structures.
IPF
1. The purpose of this subsection is to provide of i easing the maximum height of
tower and antenna in specific instances r °"gym rice a lica i of those limits would deprive
a tower or antenna operator from ach vin tithe ' nimu I fight r quired to meet the proven
communications need. 011
2. The examiner shall hav 'he ority' grant a variance from the maximum height allowed
for tower or antenna w inion he conditions as set forth in subsection (3) herein
have been found to exi in s ,,case a vari ce may be granted which is in harmony with the
general purpose and inte thisafr..
� �
3. Before a igi Bance can be granted, it shall be shown that the applicant demonstrates
all of the followi
iuA ti
a. ha i vidence that additional height is required to provide adequate service to
IN resi ii f the city and that no other alternative is available;
there are special circumstances applicable to the subject property such as shape,
�ography, location, or surroundings that prevent the operator from achieving the
nimum height required to meet the proven communications need;
c. That the granting of such variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity;
d. That any visual impacts will be mitigated to the greatest extent possible using
camouflage or screening, including but not limited to strategic placement next to existing
31
buildings or vegetation or incorporation with architectural features of existing buildings or
structures;
e. That the location of the tower and antenna has been chosen so as to minimize the
visibility of the facility from residentially zoned land and to minimize the obstruction of
scenic views from public properties; and
f. That the variance is the minimum necessary to grant relief to the ap
4. The applicant has the burden of proving that the proposed variance ets all th riteria
in subsection (13)(3) of this section, Decision Criteria.
5. The examiner may approve an application for a variance icon egUI lents above
i
those specified in this title or require modification of the prof sal o 'y N specified
requirements or local conditions.
6. The examiner shall deny a variance if the pr sal doe of me `r cannot be conditioned
or modified to meet subsection (13)(3) of this se pn�s�t�ys
a. Project permit review
Development Permit Regulations"
various types of personal wireless .
PIN
re 9becified in,lY�C Ji`tle 16, Administration of
he folioVng specifies the permits required for the
vice fthat meet the standards of this chapter:
Nr :
Permit Table*
9tvbe s
h
substantial Change;
Ks"'
(Substantial Change sub &J Ag!j��)
4installation
New Tower (City -owned Property)
New Tower (Public Property)
New antenna (existing structures, industrial
and commercial zoning districts)
32
Permit Required
Administrative Permit
Variance
Administrative Permit
Administrative Permit/Lease
Administrative Permit (with approval
of camouflage)
Administrative Permit (with approval
of camouflage)
New Tower (industrial zoning district,
more than 300 feet from residential zone
and more than 300 feet from
protected area)
New Tower (industrial zoning district,
within 300 feet of residential zone)
New Tower (industrial zoning district, within
300 feet of protected area)
New Tower (B-2 or LCC zoning district,
Administrative Permit (with approval
of camouflage)
Administrative Permit (with approval
of camouflage) �itl�
Conditional U it
Ads is v rm(''approval
more than 300 feet from residential zone and cahoufi
more than 300 feet from protected area)
001,
New Tower (B-2 or LCC zoning district, t� (�l dmi trative Permit
within 300 feet of residential zone ( h al oval of camouflage)
300 feet of protected area) mwwewy��
New Tower (in or withi a feet residers (,,or�di(r���ai �� kl (b,,xe f lei i���� t
zoning district, not in 2 or C di ict) PeO �we�lk�U�u�� ��u �Vu�R II'Ii u7�ut it c an'10ofl (p, �U
New a r WAWOM14 feet of Conditional Use Permit
protec t 1�' of in B-2 or LCC district)
OillJ
p mi elude building permits and other permits required for installation.
requirements.
Within 6ft,,y§fif any required safety inspection performed in accordance with EIA and FCC standards,
the facility or6rator shall file a copy of the report with the city. Each year after the facility becomes
operational the facility operator shall file with the city a copy of maintenance reports for the prior twelve
months. The applicant shall provide a financial guarantee in the form of a bond or other financial
instrument acceptable to the city in an amount sufficient to reimburse all costs associated with facility
removal should it be necessary.
33
15.29.120 Non-use/abandonment.
A. Abandonment. No less than thirty days prior to the date that a personal wireless service provider
plans to abandon or discontinue operation of a facility, the provider must notify the city of Yakima by
certified U.S. mail of the proposed date of abandonment or discontinuation of operation. In the event that
a licensed carrier fails to give notice, the facility shall be considered abandoned upon the city's discovery
of discontinuation of operation. Upon such abandonment, the provider shall have sixty days or additional
period of time determined in the reasonable discretion of the city within which tc
1. Reactivate the use of the facility or transfer the facility to another proiderNvho s actual
use of the facility; or III,, i
2. In the event that abandonment as defined in this chapter occu du relo of an
antenna at a lower point on the antenna support structure, r thecti radiated
power of the antenna or reduction in the number of tran is ' ns m n nnas, the
operator of the tower shall have six months from the date f effectiv Zieltower,
onment to co -locate
another service on the tower. If another service p ider is t adde then the
operator shall promptly dismantle and remove por 'on of tower that exceeds the minimum
height required to function satisfactorily.. t is n e fogoing, changes which are made
to personal wireless facilities which d no imi h their es enti oke in providing a total system
shall not constitute abandonment. Ho ver, in th eve at there is a physical reduction in
height of substantially all of the provider towers i city or surrounding area then all of the
towers within the city shall sio ula e re ed in I eight.
3. Dismantle and rem vel ti tow antenna, foundation, and facility are not removed
within the sixty-day time riod ddit nal pe od of time allowed by the city, the city may
remove such w , antenn un tion, and related facility at the provider's expense. If there
are two or m e pr ers co -lo ng on a facility, except as provided for in the paragraph
above, this pro , n s npt become effective until all providers cease using the facility..
At the earlier of sixt dN11,011approval
d date of abandonment without reactivating or upon completion of
dismantling an o for the facility shall automatically expire.
15.29.1 hir 'party review..
Personal wlWess service providers use various methodologies and analyses, including geographically -
based computer software, to determine the specific technical parameters of their services and low power
mobile radio service facilities, such as expected coverage area, antenna configuration, topographic
constraints that affect signal paths, etc. In certain instances, a third party expert may need to review the
technical data submitted by a provider. The city may require a technical review as part of a permitting
process for a variance or conditional use permit. The costs of the technical review shall be borne by the
provider.
34
The selection of the third party expert may be by mutual agreement between the provider and the city, or,
at the discretion of the city, with a provision for the provider and interested parties to comment on the
proposed expert and review its qualifications. The expert review is intended to address interference and
public safety issues and be a site-specific review of technical aspects of the facilities or a review of the
providers' methodology and equipment used and not a subjective review of the site that was selected by
a provider. Based on the results of the expert review, the city may require changes to the provider's
application. The expert review shall address the following.
A. The accuracy and completeness of submissions;
B. The applicability of analysis techniques and methodologies;
C. The validity of conclusions reached; and
D. Any specific technical issues designated by the city
15.29.140 Conditional use permits — Procedu
A. ApNpllication. An application for a co itional uVer nder this chapter shall be submitted
to the director of the city's community developm deparinistrator") who shall review such
application for completeness and corn with 'ng reunder this chapter and applicable
codes of the city, in accordance w' tl ro ns procedures of YMC 1.43.090 and Title 16 YMC
The administrator shall have aut orit s dditw al information and reports from the applicant
necessary to make the applicatio prop inc ding b `t not limited to third party review in accordance
with YMC 15.29.130 a Zete,
rfs, su s a tests as provided in YMC 15.29.070, when the
administrator , in his o ediscretion, deems such additional information necessary or appropriate to
make the application co d cess mitigation measures identified in SEPA, NEPA or other
environmental revie oess issues of site screening or other measures to mitigate impacts upon
the surrounding i i,b d r to address any other impact to the life, health, safety or persons, or
quiet e fi pro dentified by the administrator as likely, with reasonable probability, to result
Upon admi 'strator's determination that the application is complete and in compliance with filing
requireme this chapter, the administrator , in coordination with the hearing examiner, shall be
responsible or assigning a date for and assuring due notice of public hearing for each application, which
date and notice shall be in accordance with the provisions of Title 16 YMC.
B. Nearing Examiner. When considering an application for a conditional use permit, the hearing
examiner shall consider the applicable standards, criteria and policies established by this title as they
pertain to the proposed use and may impose specific conditions precedent to establishing this use.
35
(1) Before any conditional use may be granted, it shall be shown that:
(a) The proposed use will not be materially detrimental to the public welfare or injurious to the
property or improvements in the vicinity of the proposed use or in the district in which the
subject property is located;
(b) The proposed use shall meet or exceed the performance standards th eq,uired in
the zoning district the proposed use will occupy;
(c) The proposed development shall be compatible generally wit W nding, lan Fuse:
in terms of traffic and pedestrian circulation, building and site des n;
(d) The proposed use shall be in keeping with the goals d p ie f [he omprehensive
land use policy plan;
(e) All reasonable and commercially practicaW#tneaSUr have b taken to minimize the
(d) Impose c'1 ftiongVilar to those set forth in subsections (2)(b) and (2)(c) of this section
as deem ess establish parity with uses permitted in the same zone in their freedom
from n g ting features in matters of noise, odors, air pollution, wastes, vibration,
f ysic zards, and similar matters; provided, the hearing examiner may not, in
co cti t.h action on a conditional use permit, reduce the requirements specified by this
title a pe' aining to any use or otherwise reduce the requirements of this title in matters for
is variance is the remedy provided;
(e) Assure that the degree of compatibility with the purpose of this title shall be maintained
with respect to the particular use on the particular site and in consideration of other existing and
potential uses, within the general area in which the use is proposed to be located;
(f) Recognize and compensate for variations and degree of technological processes and
equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors, and hazard
or public need; and
36
(g) Require the posting of construction and maintenance financial security sufficient to secure
to the city one hundred fifty percent of the estimated cost of construction and/or installation and
fifteen percent maintenance of required improvements.
15.29.150 Conditional use permits — Effect of hearing examiner decision.
The decision of the hearing examiner on a conditional use permit shall be final and coe with right
of appeal to the city council in accordance with YMC 16.08.030. r)
PoMi%
15.29.160 Application form. (,�''
The director of the city's community development department mapr In h rrni n which
applications are made for a conditional use permit and other app i do 's aut orize rsuant to this
Ill
chapter. The director may prepare and provide printed forms for su purpos may prescribe the
type of information to be provided in the application by t plicant. apph ion shall be accepted
unless it complies with such requirements. 4 11
11�f
m
15.29.170 Filing fees.iI
ydfop VP
The application for a conditional use rmi all b ccompanied by a filing fee in the amount of
15.29.180 Notice of hearing — Ci ditio us permit
Notice of all public he ung shall be n a d prepared as required by Chapter 16.05 YMC.
'IS kt
'!dui
15.29.190 Reapplicati
Upon final action aeler)hq'o
N
cceptthiapter in denying an application for a conditional use permit, the city
shall not afear l'i application for substantially the same matter within one year from the
date of, ,gy fingilrdTiial5,pfqfitgpplication.
A corp na'l us permit runs with the land; compliance with the conditions of any such permit is the
res ponsi he current owner of the property, whether that is the applicant or a successor. No permit
for which a ancial security is required shall be considered valid during any time in which the required
financial security is not posted.
15.29.210 Vacation of permits.
A. Any conditional use permit issued pursuant to this chapter may be vacated upon approval by the
current landowner; provided, that:
1. The use authorized by the permit does not exist and is not actively being pursued; or
37
2. The use has been terminated and no violation of terms and conditions of the permit exist.
B. Requests to vacate a permit shall be made in writing to the zoning code administrator who shall
determine if the above conditions are present prior to authorizing the vacation. Vacation of any permit
shall be documented by the filing of a notice of land use permit vacation on a form provided by the
community development department with the city.
15.29.220 Violation — Penalty.
Compliance with the requirements of this code shall be mandatory. Any violation of th rove " of this
chapter shall be a misdemeanor subject to the penalties and remedies establisheYMC '.02. O.
Additionally, any violation of the provisions of this chapter, and any installali /or ratio ny
structure in violation of the provisions of this chapter, shall be deemed a pu zc n nceolation
subject to penalties and remedies available under state law and city enf em t actions
authorized under this code shall be supplemental to those gener pe - Ities nc e es of Chapter
6.02 YMC and the public nuisance penalties and remedies availa'b under st to I and city codes..
15.29.230 Relief, Waiver, Exemption.
Any applicant desiring relief, waiver or exemption fro an a r re irement of this chapter may
request such, pursuant to and in compliance with t a "ca le pro ilio n variances, provided that the
relief or exemption is contained in the submitte ap licati for it, or i the case of an existing or
previously granted permit a request for modificat i of its t dior facilities. Such relief may be
temporary or permanent, partial or co No s h relie exemption shall be approved unless the
applicant demonstrates by clear and c wind evi ce that, if granted the relief, waiver or exemption
will have no significant affect on e l f an elfare of the City, its residents and other service
providers.
15.29.240 Severab
(a) If any wo
application thereof
reason, then s
applic "
th of, not.
(b)
permit i.
authority, on
by the City.
No
nce, part, section, subsection, or other portion of this chapter or any
rcurnstance is declared void, unconstitutional, or invalid for any
sentence, part, section, subsection, or other portion, or the proscribed
verable, and the remaining provisions of this chapter, and all applications
declared void, unconstitutional, or invalid, shall remain in full force and effect.
issued under this chapter shall be comprehensive and not severable. If part of a
or ruled to be invalid or unenforceable in any material respect, by a competent
overturned by a competent authority, the permit shall be void in total, upon determination
38
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
7.5 W Yakima Ave, Ste 200 • Yakima, WA 98902-3452 r (509) 575-2490
September 17, 2013
JeffPetersU
City r of Yakiina
RE: Determination of Shoreline Jurisdiction — Cowiche Creek, City of Yakima
Dear Mr. Peters:
I Y OR D / F1Ii�Y;
SEP 18 2013
OF
i ,
Ecology is sending this letter in response to recent questions regarding the shoreline
jurisdictional status of Cowiche Creek. Based on public comments received by the city of
Yakima during the city's SEPA comment period, Ecology has reexamined the process used to
estimate Cowiche Creek's mean annual flow (MAF). Streams that exceed a MAF of 20 cubic
feet per second (cfs) are classified as shorelines. Ideally, at least ten years of flow data would be
available to establish the MAF, but as you are aware, this data does not exist for Cowiche Creek;
the flow data that is available is sparse and non -continuous.
Ecology's hydrologist Patricia Olson, PhD, LHG, with assistance from Mark Mastin, Surface -
Water Specialist, USGS, reviewed additional measured flow data obtained from the US Bureau
of Reclamation (USBOR). They also reviewed various regression equations, in addition to those
used by the city to estimate MAF. Based on this analysis, Ecology believes that the portion of
Cowiche Creek within Yakima's city limits and urban growth area should be classified as a
shoreline of the state.
Examining the USBOR's flow data for Cowiche Creek, Ecology found a MAF of 37.9 cfs which
was calculated using 2,543 days of data for the period of 04/78 - 12/90. The USBOR data has
only 2+ years of continuous data but the remaining data includes winter, spring, summer and
early fall continuous data. The data includes periods of wet, normal and dry precipitation.
Of the various regression equations examined, the Vogel regional regression was found to be the
preferred method, as it uses the most recent precipitation data, includes temperature data, and is
most representative of natural flow conditions. That equation provided an estimated MAF of 47
cfs. This is also the closest estimate to the USBOR data noted above. These estimates indicate
that Cowiche Creek's MAF is well above 20 cfs, and it therefore should be classified as a
shoreline.
Jeff Peters
City of Yakima
September 17, 2013
Page 2
Without additional flow data, a more accurate determination of MAF is difficult. Ecology
recommends that the city of Yakima perform additional long-term flow monitoring of Cowiche
Creek if they wish to have a determination based on more accurate data. Until then, Cowiche
Creek will need to remain classified as a shoreline stream. The city of Yakima's Shoreline
Master Program must include Cowiche Creek before it can be approved by Ecology.
Ecology commends you for your foresight to develop the Cowiche Creek Addendum and
Cumulative Impact Analysis prior to Ecology issuing an official determination. If you have any
questions regarding Ecology's determination, please contact Lennard Jordan at (509) 457-7125.
Gary Graff, PWS"'
Regional Section Manager
Shorelands and Environmental Assistance Program
cc: Brian Lynn, Ecology HQ Shorelands Program
Tony O'Rourke, Yakima City Manager
Steve Osguthorpe, Yakima Planning Manager
t"t„''% 11' fir!
,tf �
15.29.100 Permits required.
In addition to the other provisions of this chapter the following permits are required unless otherwise
stated:
A. The following, which are subject to administrative review, approval and permit:
7. Antennas, towers, and related facilities located in a residential zone, or within 300 feet of a
residential zone, that utilize a camouflage design that conceals the facilities by incorporation into
another structure, including but not limited to, a flagpole, light poles, stealth trees, bell towers, and
similar stealth structures. Antennas, towers, and related facilities that do not use such
camouflage designs are subject to a conditional use permit.
The administrator shall have the authority to review, approve, approve with conditions, or deny
the proposed stealth camouflage structure, based on the flowing factors:
(a) Compliance with the provisions of this chapter, including but not limited to the
requirements of 15.29.060, and submission of a complete application pursuant to this
chapter, together with the following:
(i) Specific description of the type of camouflage structure proposed;
(ii) Photo simulations of the completed proposed structure;
(iii) Site plan drawn to scale showing the location of the proposed structure;
(iv) Location and types of other structures upon the proposed property and
adjoining properties;
(v) Types and locations of utility lines and services;
(vi) Location of public rights-of-way and public utility easements upon the
proposed site;
(vii) Copies of manufacturer's specifications and brochures for the proposed
camouflage structure; and
(viii) Any other information deemed by the administrator to be necessary or
appropriate to facilitate processing of the requested permit.
(b) The stealth camouflage structure or facility must be compatible with existing
structures and foliage within one-quarter mile of the proposed site, or can be made
1
compatible by mitigation measures imposed as conditions of approval, such as additional
landscaping and other methods of camouflage;
(c) After completion of construction, the antennas, towers and related facilities will be
maintained within the camouflaging structure so as to be concealed from view or be
viewed as the camouflaging structure; and
(d) The administrator may impose other conditions or mitigations reasonably related to
such structures as warranted by special conditions of the subject property and the type of
camouflaging structure, including but not limited to additional or supplemental setback
requirements, maintenance requirements, and other measures intended to accomplish
the purposes of this chapter and section.
If the administrator determines that the application for administrative approval is incomplete or
should be denied for any reason, the administrator shall issue a written denial stating the facts
upon which said decision is based. The decision of the administrator shall constitute an
administrative decision subject to appeal pursuant to Chapter 16.08 YMC.
If the administrator approves an application under this subsection with conditions or mitigations
deemed unacceptable by the applicant, the administrator will refer the application to the Hearing
Examiner for processing and hearing as a Conditional Use Permit pursuant to 15.29.140.
i111 M 931!
CITY OF YAKIMA PLANNING COMMISSION
ADDITIONAL FINDINGS OF FACT, AND RECOMMENDATION
City of Yakima Shoreline Master Program Update: Cowiche Creek
September 25, 2013
WHEREAS, on August 28, 2013, the City of Yakima Planning Commission (YPC) due to
new scientific information regarding flows in Cowiche Creek, found it necessary to direct staff to
prepare amendment/addendum documents which provides for the inclusion of Cowiche Creek in
the City's Shoreline Master Program; and
WHEREAS, the YPC also requested that an additional notice be given to the property
owners along Cowiche Creek, and a public hearing scheduled to consider the proposed
amendment/addendum documents; and
WHEREAS, on September 9, 2013, the City of Yakima Planning Division in accordance with
the YPC's request provided properties owners along Cowiche Creek with individual notice both
inviting their comments and attendance at the public hearing scheduled for September 25, 2013;
and
WHEREAS, pursuant to City Ordinance #2004-14, and RCW 36.70A.130 (2), on September
9, 2013, the City provided all required public notice which included the following:
1. Mailing of notice of public comment and hearing letter to property owners;
2. Publication of notice of pubic hearing in the Yakima Herald; and
3. Emailing notice of public comment and hearing to SEPA agencies.
WHEREAS, pursuant to the State Environmental Policy Act (SEPA) WAC 197-11 and YMC
6.88, and prior to the Commission's hearing, the City issued a Determination of Non -significance
(DNS) on the proposed zoning ordinance amendments on July 9, 2013, and
WHEREAS, on August 2, 2013, pursuant to SEPA WAC 197-11 and YMC 6.88, the City's
Planning Division retained its DNS on the proposed amendments, and
WHEREAS, pursuant to RCW 36.70A and YMC 15.23.020, the YPC is authorized to make a
recommendation to the Yakima City Council, hereafter referred to as the "Council," for their
review, consideration and adoption of development regulation amendments; and
WHEREAS, an open record public hearing regarding the Cowiche Creek Addendum and
Cumulative Im act Anal sis changes occurred on September 25, 2013, where all persons
desiring to comment on the proposed amendments were given a full and complete opportunity to
be heard; and
WHEREAS, the Commission following public comment and deliberation reviewed and
revised staff's recommended amendments, and those proposed revisions were approved by staff;
and
NOW, THEREFORE, BE IT RESOLVED by the Commission that, in making the herein
above recommendation, these proposed amendments to the YMC, City Comprehensive Plan
2025, and associated scientific documents have been sufficiently considered, and the
Commission hereby enters the following Findings of Fact:
Findings of Fact by the City of Yakima Planning Commission regarding City of Yakima SMP 1
FINDINGS OF FACT
1. In accordance with the City's SMP public participation plan, all notices, public
meeting schedule, meeting materials, and SMP materials were posted on the City of
Yakima's website.
2. The YPC held the required public hearing on the main SMP document on August 28,
2013, recommending approval of the proposed SMP and supporting documents.
3. The YPC held the requested supplemental hearing on the gowi he Creek
Addendum and Cumulative Impact Anal sis on September 25, 2013, recommending
approval, and directing that the material be incorporated into the SMP, prior to City
Council consideration.
4. The Commission finds that with the Cowiche Creek amendments, the City prepared
Cumulative Impact Analysis and updated SMP should protect and maintain shoreline
ecological functions within the City of Yakima while accommodating the reasonably
foreseeable future shoreline development, result in no net loss of shoreline
ecological function, and may improve ecological functions over time through
implementation of the Restoration Plan.
5. The Commission finds that the City provided timely public participation in
consideration of the proposed amendments, consistent with RCW 36.70A.140, WAC
365-195-600, and its adopted Public Participation Program Guidelines.
6. The Commission considered public testimony related to the proposed amendment.
7. The Commission concurs with the Determination of Non -significance (DNS) that was
issued on July 9th and retained on August 2, 2013, for the proposed amendments.
8. The Commission members present voted unanimously to recommend that the
Cowiche Creek Addendum and Cumulative Impact Analysis materials be added to
the City's proposed SMP.
RECOMMENDATION
It is for the above reasons that the Commission recommends that the Cowiche Creek
Addendum and Cumulative Impact Analysis be added to the City of Yakima's SMP and
supporting documents,
Benjamin W.. S al, Chairman Date
Yakima P' ng Commission
Findings of Fact by the City of Yakima Planning Commission regarding City of Yakima SMP 2