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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 ( 01% AN.oi�t m m oumui u� o iii( mita w ii nr���a 11101llll r� ll-"'ll�rogran,i IIuiNr m v�'��''�?'"rN��No f '�Nllq�"'�'M1biMi IV 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