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HomeMy WebLinkAbout03/23/2010 06 Municipal Code Title 15 Zoning Amendments and Yakima County Code 15A UAZO Amendements - Public Hearing• BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. L For Meeting of: March 23, 2010 ITEM TITLE: "Open Record" hearing before the City of Yakima Council and Yakima County Commissioners and consideration of an Ordinance to consider the City of Yakima Planning Commission's recommendation. on zoning amendments to Yakima Municipal Code Title 15 and Yakima County Code 15A Urban Area Zoning Ordinance. SUBMITTED BY: William Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: Jeff Peters, Associate Planner, 575 -6163 SUMMARY EXPLANATION: This is an "Open Record" public hearing before the City of Yakima Council and Yakima County Commissioners to consider the City of Yakima Planning Commission's recommendation on • proposed zoning amendments to YMC Title 15 Urban Area Zoning Ordinance sections: 15.02.020, 15.04.030, 15.04.050, 15.04.060, 15.04.160, 15.05.020, 15.05.030, 153.06.040, 15.06.065, 15.06.090, 15.06.110, 15.06.140, 15.06.150, 15.08.130, 15.09.045, and 15.17.020. Proposed amendments are authored and submitted by the City of Yakima Planning Department. Resolution _ Ordinance X Contract _ Other (Specify) Funding Source APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Uphold the City of Yakima Planning Commission's recommendation. BOARD RECOMMENDATION: The City of Yakima Planning Commission rendered a recommendation of approval on the proposed amendments on February 24, 2010. COUNCIL ACTION: • • ORDINANCE NO. 2010 - AN ORDINANCE relating to the regulation of land use and development in the City of Yakima and amending the following sections of Title .15 of the City of Yakima Municipal Code: 15.02.020, 15.04.030,_ 15.04.050, 15.04.060, 15.04.160, . 15.05.020, 15.05:030, 15.06.040; 15.06.065, 15.06.090, 15.06.110, 15.06.140, 15.06.150, 15.08.130, 15.09.045, 15.17.020 BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 15.02.020 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.02.020 Definitions. For the purpose of this title, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified herein unless the context requires a different meaning. Where terms are not defined, they shall have the ordinary accepted meaning within the context with which they are used. Where an activity or land use could fall under two definitions, the more specific shall apply. The Webster's Ninth New Collegiate Dictionary, with the assistance of the American Planning Association's Planner Dictionary and Black's Law Dictionary, shall be the source for ordinary accepted meaning and for the definition of words not defined below. Specific examples are included as illustrations, but are not intended to restrict a more general definition. . A "Access driveway" means an entrance roadway from a street or alley to a parking facility. "Access easement" means any private easement for the purpose of ingress and egress that is not dedicated to the public and that is owned by the underlying owners of land over which it crosses. "Accessory dwelling unit (ADU)" means a structure meeting the purpose and requirements of YMC 15.09.045 which is attached to a single - family home dwelling ,_ or detached garage with which -#as- living facilities for one individual or family separate from the primary single - family dwel!iRg 4RG161diRg at 1� �+ meter, eF gas meter "Accessory use" means a use that is subordinate and incidental to a principal use. "Administrative official" means the duly appointed Yakima County planning official or the city of Yakima director of community and economic development, whichever is appropriate, or their designee. Adult Day Care Center. See "day care facility." "Adult Family Home" means a reqular family abode licensed by the state in which a person or persons provide personal care special care room and board to more than one but not more than six adults who are, not related by blood or, marriage to the person or persons providing the s_ ervices (RCW 70.128.175) "Agriculture" means the tilling of soil, raising of crops and horticulture. (See Table 4 -1, YMC 15.04.030.) "Agricultural building means a structure designed and constructed to store farm implements or hay, grain, poultry, livestock, fruit and other agricultural products. Controlled atmosphere and cold storage warehouses are not agricultural buildings. An agricultural building shall not be used for human habitation; for processing, treating or packaging agricultural products; nor shall it be a place used by the public. 1 "Agricultural market" means a . use primarily engaged in the retail sale of fresh agricultural • products, grown either on or off site. An agricultural market may include, as incidental and accessory to the principal use, the sale of factory- sealed or prepackaged food products such as boxes of apples or other fruit and some limited nonfood items, and these products shall consist of no more than forty percent of the gross floor area. This definition does not include the sale of. livestock. "Agricultural Product Support" means a business that provides a product or service intended for use in the processing, storage, preservation or distribution of agricultural commodities. This definition does not include agricultural processing storage preservation distribution and related uses. "Agricultural related industry" means specifically: 1. "Packaging plants" may include, but are not limited to, the following activities: washing, sorting,- crating and other functional operations such as drying, field crushing, or other preparation in which the chemical and physical composition of the agricultural product remains essentially unaltered. This definition does not include processing activities, slaughterhouses, animal reduction yards, or tallow works; 2.. "Processing plants" may include, but are not limited to, those activities which involve the fermentation or other substantial chemical and physical alteration of the agricultural product. This definition does not include slaughterhouses or rendering plants; and 3. "Storage facilities" include those activities that involve the warehousing of processed and /or packaged agricultural products. "Agricultural stand" means a structure up to one thousand square feet in area used for the retail sale of agricultural products grown on the premises, excluding livestock raised on the premises.. "Airport commercial" means the retail sale of aviation - related products and services including • aircraft service and rental, air passenger services, and air terminal activities including passenger ticketing, baggage, taxi service, car rental, restaurants, hotels, and gift shops. "Airport industrial" means research, design, fabrication, and assembly of aircraft, aircraft parts, and aviation- related products located at the Yakima Air Terminal. This use also includes storage and wholesale trade of aviation - related products and air . cargo operations and . associated storage and processing. "Airport operations" means activities, uses, structures and facilities that are located on and necessary to the operation of the Yakima Air. Terminal. These activities and facilities include runways, taxiways, parking ramps and aprons, navigation and radar /radio communication facilities and equipment, safety and emergency facilities, . and storage and maintenance facilities. "Alley" means a public thoroughfare or way twenty feet or less in width which has been dedicated to the city of Yakima or Yakima County for public use. Alleys provide only a secondary means of access to abutting property. "Amendment ".means a change in the wording, content, or substance of this title, or change in the district boundaries on the official zoning map. "Amusement park" means a permanent indoor and /or outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or the. sale of items, and buildings for shows and entertainment. "Animal clinic /hospital" means a structure used for veterinary care of sick or injured animals. The boarding of animals is limited to short-term care and is accessory to the principal use. This definition does not include kennels. "Animal husbandry" means the raising of domesticated farm animals when, in the case of dairy cows, beef cattle, horses, ponies, mules, llamas, goats and sheep, their primary source of food, other than during the winter months, is from grazing in the pasture where they are kept. 2 • "Appeal means a request for review of an administrative official's or hearing examiner's decision, determination, order or official interpretation of any provision of this title. "Applicant" means a person submitting an application for any permit or approval required by this. title and who is the owner of the subject property or the authorized agent of the owner. "Application for development" means the application form and all accompanying documents and exhibits required by this title or the administrative official. "Arterial" means a principal or minor arterial, as shown in the Yakima urban area transportation plan adopted in the Yakima urban area comprehensive plan. "Attached" means, in the case of dwellings, two or more dwellings connected by a common vertical wall(s) or roofline, or, in the case of multistory buildings, by a common ceiling /floor(s). "Auction house" means a structure or enclosure where goods and /or livestock are sold by auction. Automobile Service Station. See "service station." "Automobile, truck, manufactured home and /or travel trailer sales" means a place used for the display, sale or rental of new or used automobiles, trucks, manufactured and mobile homes, travel trailers, and campers. "Automotive wrecking or dismantling yard" means a place used for the storage and /or sale of used automotive parts and for the storage, dismantling, sorting, cleaning, crushing or baling of wrecked automobiles, trucks, trailers, or machinery. B "Bed and breakfast" means a residential structure providing individuals with lodging and meals for not more than thirty days. For home occupations, such uses are limited to having not more than five lodging units or guest rooms. "Beverage industries" means the production, processing, and /or packaging of milk, soft • drinks, beer, wine, fruit juices and other drinks. Bingo Parlor. See "game room." "Boardinghouse means an establishment providing both lodging and meals for not more than ten persons residing in the facility on a permanent or semipermanent basis. "Brokerage offices, transportation" means establishments primarily engaged in furnishing shipping information and acting as agents in arranging transportation for freight and cargo. Building. See "structure." "Building area" means the three - dimensional space within which a• structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks and building coverage. "Building code" means the' building code and related codes as amended and adopted by Yakima County /city of Yakima. "Building height" is the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: 1. The elevation of the highest adjoining sidewalk or finished ground surface within a five - foot horizontal distance of the exterior wall of the building when such sidewalk or finished ground surface is not more than ten feet above lowest finished grade; 2. An elevation ten feet higher than the lowest finished grade when the highest sidewalk or finished ground surface described in subsection 1 of this definition is more than ten feet above lowest finished grade. (See Figure 2 -1.) .The height of a stepped or terraced building is the maximum height of any segment of the building. • u "Building official ". means that person or persons designated by the legislative body to enforce the provisions of the building code and administer the assigned provisions of this title. "Business school" means a commercial or public school providing instruction solely in professional skills such as: business. management, accounting, secretarial skills, sales, marketing and merchandising. "Butcher shop" means a custom retail meat cutting operation. This definition does not include slaughtering, but does include other accessory uses such as frozen food lockers. C "Campground" means a development providing facilities for outdoor recreational activities, including structural improvements such as covered cooking areas, group facilities, and travel trailer or tent sites designed for temporary occupancy. This definition includes camping clubs when developed in accordance with applicable state standards. "Car wash" means a business engaged in washing, waxing and /or polishing cars and small trucks. This definition includes self - service car washes, automated car washes, manned. car washes and auto detailing. Card Room. See "game room." "Caretaker dwelling" means a single - family dwelling unit accessory to an agricultural, professional, commercial, or industrial use for occupancy by the owner /caretaker. "Center line of right -of -way" means the mid -point between the future alignment of the opposite edges of the right -of -way. "Certificate of zoning review" means that certificate issued by the appropriate administrative official stating that the proposed use of the structure or land conforms to the provisions of this title. "Change of use" means a change from one use listed in Table 4 -1, Table of Permitted Land Uses, to another use listed in that table. "Church" means a structure, or group of structures, which by design and construction are primarily used for organized religious services and instruction. Tity" means the city of Yakima. "Class (1) uses" are those uses.set forth and defined in the text and tables of YMC Chapter 15.04 and are considered compatible and are permitted on any site in the district. The administrative official shall review Class (1) uses for compliance with the provisions and standards of this title. "Class (2) uses" are those uses set forth and defined in the text and tables of YMC Chapter 15.04 and are generally permitted throughout the district. However, site plan review by the administrative official is required in order to ensure compatibility with the intent and character of the district and the objectives of the Yakima urban area comprehensive plan. 0 "Class (3) uses" are those uses set forth and defined in the text and tables of YMC Chapter 15.04 and are generally incompatible with adjacent and abutting property because of their size; emissions, traffic generation, neighborhood character or for other reasons. However, they may be compatible with other uses in the district if they are properly sited and designed. Class (3) uses may be permitted by the hearing examiner when he determines, after holding a public hearing, that difficulties related to the compatibility, the provisions of public services, and the Yakima urban area comprehensive plan policies have been adequately resolved. "Class (1), (2) or. (3) use, approved" means any use or development approved upon completion of Type (1), (2) -or (3) review. "Class (1), (2) or (3) use or development, existing" means a use or development legally existing or.legally established prior to the effective date of this title that has been or would be classified under YMC Chapter 15.04 as a Class (1), (2) or (3) use in a'particular district, even though the use has not been through Type (1), (2) or (3) review, and may or may not conform to the standards of this title. This definition includes any existing Class.(1), (2) or (3) use with an approved modification under YMC Chapter 15.17. . "Clean and sober facility" means a commercial business providing a dwelling or building for occupation by. rehabilitated alcohol.and /or drug users, during their re -entry into the community. The clean and sober facility provides residentially oriented facilities for the rehabilitation or social adjustment of persons who may need supervision or assistance in becoming socially reoriented, but who do not need institutional care. (Also see "halfway house. ") "Clinic" means a structure for the medical examination and treatment of human patients, but without provision for keeping such patients overnight on the premises. "Closed record appeal" means an administrative appeal, held under RCW 36.70B, that is on the record to, a . county /city body or officer .(including the legislative body) following an open record hearing on a project permit application with no or limited new evidence or information allowed to be submitted and only appeal arguments allowed. "Coffee /espresso drive - through facility" is a place used to sell coffee and associated items from, a drive -up window to a person driving a vehicle. "Coffee /espresso stand is a place used to sell coffee and associated items from a bar or counter area commonly inside a building and /or structure.. "Commercial services" means technical services and specialized care services such as lawn and garden care and delivery services, except as otherwise regulated. "Communication, tower" means any tower, pole, mast, whip, or antenna or any combination thereof, used for radio or television transmission or line -of -sight relay. This definition includes towers erected for use in the amateur radio service. "Communication tower height" means the vertical distance' above the ground measured to the highest point of the communication tower. "Community center" means a facility owned and operated by a public agency or nonprofit corporation, provided the. principal use of the facility is for public assistance, community improvement, or public assembly. Community Water System. See "water system, public." "Compatibility" means the characteristics of different- uses or developments that permit them to be located near each other in harmony with or without special mitigation measures. "Comprehensive plan" means the Yakima urban area comprehensive plan and any supplemental plans officially adopted under RCW Chapter 36.70, for the Yakima urban area or any portion thereof. "Concentrated animal feeding operation" means a structure or pens for the . concentrated feeding or holding of animals or poultry, including, but not limited to, horses, cattle, sheep or swine. This definition' includes dairy confinement areas, slaughterhouses, shipping terminal holding pens, poultry and /or egg production facilities and fur farms, but does not include animal husbandry. "Condition(s) of approval" means ' restrictions or requirements imposed by an administrative official pursuant to authority granted by this title. Consulting Services: See "professional business." "Convalescent or nursing home" means an establishment providing nursing, dietary and other personal services to convalescents; invalids, or aged persons, but not mental cases or. cases for contagious or communicable diseases which are customarily treated in sanitariums and hospitals. "Converted dwelling" means a structure which, due to interior alterations, has been modified to increase the number of individual dwelling units. This definition does not apply to multifamily structures constructed under the provisions of this title. "Cosmetic services" means tattooing, body piercing, and similar services. "County" means Yakima County. D "Dangerous waste" means those solid wastes designated in WAC 173- 303 -070 through 173- 303 -103 as dangerous or extremely hazardous waste. "Day" means calendar day. (See YMC 15.20.110.) "Day care center' means a day care facility that supplies care, attention, supervision and oversight serving thirteen or more children regardless of whether such services are provided for compensation, governed by Washington State DSHS licensing' provisions for said day care use and conducted in accordance with State DSHS requirements. "Day care facility". means a building or structure in which, an agency, person or persons regularly provide care for a group of nonrelated individuals (children or adults) for periods of less than twenty -four hours a day. This includes family day care homes and day care centers. "Day care home, family" means a family day care home located in a private home that supplies care, .attention, supervision, and oversight for one to twelve children, governed by r• Washington State DSHS licensing provisions for said day care use and conducted in accordance with said State DSHS requirements. "Delicatessen and other specialty food stores" means retail food stores selling ready4o -eat food products such as cooked meats, prepared salads or other specialty food items. This definition includes seafood, health.food and other specialty food stores having 'seating for no more than five persons. "Department" means either the Yakima County planning division or the city of Yakima department of community and economic development. "Desktop publishing" means activity related to the use of computers in order to produce documents for personal use or for other uses. "Development" means "use" as defined by this title. "Development permit" means written authorization for development or modification of development as defined in this title. When a building or other construction permit is required, the building /construction permit shall serve as the .other development permit. If no building /construction permit is required, the certificate of zoning review. shall serve as the development permit. "Development, planned residential" means, in the residential districts, the coordinated development of a single lot with a number of residential structures and /or dwelling types which are designed to: 1. 'Maintain the character of the residential neighborhood; 2. Provide. compatibility between various types of dwelling units, off - street parking and other uses within the site; and 3. Share such site amenities as off - street parking, access drives, open space and recreational facilities. This definition includes the clustering of residential units on a single lot. In the commercial districts, "planned residential development" means a mixed -use development combining multifamily residential and commercial use(s) into a single coordinated project. ral • "Divide" means any transaction or action, not otherwise exempt or provided for under the provisions of this title, which alters or affects the shape, size or legal description of any part _ of an owner's. "land" as defined in this chapter. Sale of a condominium apartment. and rental or lease of a building, facility or structure which does not alter or affect the legal description of an owner's "land" shall not constitute a .division of land. "Domestic farm animal" means animals domesticated by man to live in a tame condition. This definition includes dairy cows, beef cattle, horses, ponies, mules, llamas, goats, sheep, rabbits, poultry, and swine. "Driveway" means the private traveled access to a property or through a parking lot for three. or more,vehicles. "Drugstore" means a store.where the primary business is the, filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines, but where nonmedical products are sold as well. "Dwelling" means a structure or portion thereof designed exclusively for residential purposes. "Dwelling, multiple - family" means a structure or structures, or portion thereof, designed for occupancy by three or more families living independently of each other and containing three or more attached dwelling units on a lot. "Dwelling, single- family" means a structure designed to contain a single'dwelling unit. Single family dwellings are further classified by their nature of construction as follows: 1. Site- built: Constructed primarily at the occupancy site and permanently affixed to the ground by a foundation. , 2. Modular home: See "modular home." 3. Manufactured home: See "manufactured home" and "mobile home." "Dwelling, single - family attached" means two single - family dwellings that are attached, but with each dwelling unit located entirely on its own lot. This definition does not include row houses or other housing types with more than.two attached single- family dwellings. "Dwelling, single - family detached" means one dwelling unit located on one lot and not attached to any other dwelling unit. "Dwelling, two - family" means a structure designed exclusively for occupancy by two families living independently of each other and containing two attached dwelling units on the same lot. This definition includes the term "duplex." "Dwelling unit" means one or more rooms in a dwelling for the occupancy of one family and providing complete and independent living facilities, including permanent provisions for living, sleeping, cooking, eating and sanitation. "Dwelling unit" does not include recreational vehicles or mobile .homes. E: "Earthen material" means sand, gravel, rock, aggregate and /or soil. "Environmental review" means the procedures and requirements established by the State Environmental Policy Act, RCW Chapter 43.21 C, as it now exists or is hereafter amended. "Existing uses" means a use or development legally existing or legally established by a jurisdiction prior to the effective date of this title that has been or would be classified under YMC% Chapter 15.04 as.a Class (1), (2), or (3) use in the appropriate zoning district. F. "Family" means individuals, consisting of two or more persons related by blood, marriage or adoption, or a. group of not more than five persons, excluding servants, who are not related by blood, adoption or marriage, living together as a single housekeeping unit in a dwelling unit. A. . The term "family" shall include: 1. State - licensed adult family homes required to be recognized as residential uses pursuant to RCW 70.128: -9175; 2. State - licensed foster family homes and group care facilities as defined in RCW 74.15.180, subject to the exclusions of subsection B of this definition; and 7 3. Group homes for the disabled and consensual living arrangements equivalent to a familial. setting required to be accommodated as residential uses pursuant to the Fair Housing Act_ and the Washington Housing Policy Act RCW 35.63.220 and RCW 35A.63.240 respectively a Fn9^dMeRtIS als the same evict or are hereafter amended B. ` Famgly" EXG16ide6 The term "family" shall exclude individuals residing in halfway houses, crisis residential centers as defined in RCW 74.15.020(3)(g), group homes licensed for juvenile offenders, or other facilities,. whether or not licensed by the state, where individuals are incarcerated or otherwise required to reside pursuant to court order under the supervision of paid staff and personnel. C. Calculation of Residents. When calculating the number of unrelated persons residing in a single - family dwelling unit, the following, rules shall apply: 1. When one or more unrelated persons reside with a family whose members are related by genetics, adoption or marriage, the total number of residents shall not exceed five persons except as provided in subsection (C)(2) of this definition. 2. A family unit consisting entirely of persons related by genetics, adoption or marriage may rent a room to a total of two additional renters, or up to two students as a part of a recognized foreign exchange program or similar educational, nonprofit program, or a combination of a renter and such student to a total of two additional persons. The additional renters and /or foreign exchange students, to a maximum of two, shall not be considered when calculating the number of unrelated persons residing in a dwelling unit under subsection (C)(1) of this section. Three or more renters and /or students shall be considered as unrelated individuals and all persons residing in a dwelling unit, regardless of whether a portion of them are related by genetics, adoption or marriage, shall be considered when determining the total unrelated persons residing at a site. eRe family as defined an subseGtien A of this defiRitiGR. (See "aGGesseiry dwel!*Rg LlRit." 3.4 Nothing herein shall be interpreted to limit normal hosting activities associated with residential use. "Fence" means a structure built to prevent escape or intrusion, or to provide privacy or sitescreening. "Finding" is a conclusion of fact reached by the administrative official in a review process and based on the evidence available therein. "Floodplain (one- hundred- year)" means the relatively flat area or lowlands adjoining the channel of a river or stream subject to a one percent or greater chance of flooding in any given year. . "Floodway" means the channel or waterway or those portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwaters of the watercourse without causing more than a one -foot rise in the water surface elevation of a one - hundred -year flood. "Food preparation" means a business, service or facility dealing with the preparation of food items for off -site consumption. This definition includes confectioneries, catering services, and preparation of food items for wholesale. G "Game room" means a commercial facility, or a portion thereof, open to-the general public, in which card games, pool, electronic games, bingo, etc., are played; provided, however, that this definition shall exclude "social card room" as defined herein. (Also see "meeting hall. ") "Garage, private" means a building or portion of a building designed to store motor vehicles that are used by the occupants of the site's primary use. "Garage, public" means a building or portion of a building used for equipping, repairing, servicing, hiring, selling or storing motor - driven vehicles; but excluding private garages. "Gift shop" means a business primarily engaged in the retail sale of combined lines of gifts and novelty merchandise, souvenirs, greeting cards, balloons, holiday, decorations, curios, crafts, and miscellaneous small art goods. "Glare" is the reflection of harsh, bright light. "Grade" is the. lowest point of elevation of the finished surface. of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building. Gross Floor Area. See YMC 15.06.040. "Group home" means a place for handicapped, physically or developmentally disabled adults, or dependent or predelinquent children, providing special care in a homelike environment. This definition includes homes of this nature for six or fewer persons,, excluding house parents, which are protected by state or federal law as residential uses. H Halfway House. A "halfway house" shall include residentially oriented facilities that provide: 1. State - licensed group care homes for juvenile delinquents; 2. Houses providing. residence in lieu of instructional sentencing; 3. Houses providing residence to individuals need ing.correctionaI institutionalization; or 4. Detoxification centers licensed by the state where alcohol and drug abusers can be placed in lieu of incarceration for de_ toxification and treatment from effects of alcohol and drugs. (See. "clean and sober facility. ") "Hazardous materials" means any item listed as hazardous by a federal agency or State Department of Ecology or the Yakima regional clean air authority. (See YMC 15.13.020(D).) "Hazardous waste" means, and includes all dangerous and extremely hazardous wastes as defined in RCW 70.105.010. "Hazardous waste facility, off - site" means hazardous .waste treatment and storage facilities that treat and store.waste from - generators on properties other than those on which the off -site facilities are located. "Hazardous waste facility, on- site" means hazardous waste treatment and storage facilities which treat and store wastes generated on the-same lot. "Hazardous waste generator". means any person or site whose act or process produces dangerous waste or whose act first causes dangerous waste to become subject to regulations under the Dangerous Waste Regulations, WAC Chapter 173 -303. "Hazardous waste storage means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by the generator at the generation site is not storage as long as the generator complies with the applicable requirements of WAC 173- 303 -200 and 173 -303- 201. "Hazardous waste treatment" means the physical, chemical, or biological processing of dangerous-waste to make such waste nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in value. "Hearing examiner means that person appointed by the Yakima city council and board of county commissioners. "Home instruction" means the teaching of an art, hobby, skill,, trade, profession or sport as a home occupation, except when otherwise prohibited. (See YMC Chapter 15.04, Table 4 -2.) "Home occupation" means the accessory use .of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and /or services in the home. "Home occupation, business administration" means the accessory use of a dwelling as an administrative office for an occupation conducted away from the home. The home is used for phone calls, mail, and completing paperwork associated with a business. This definition does not include manufacturing, sales, repair or other services. "Homeowners' association" means a community association, other than a condominium ® association, in which individual owners share ownership or maintenance responsibilities for open space or facilities. 9 "Hospital" means an institution providing clinical, temporary, and emergency services of a medical or surgical nature to`human patients which is'licensed by state law to provide facilities and services for surgery, obstetrics, and general medical practice as distinguished from clinical treatment of mental and nervous disorders. "Hulk Hauler" means any person who deals in vehicles for the sole purpose of transporting and /or selling them to a licensed. motor vehicle wrecker or scrap processor in substantially the same form in which they are obtained. A hulk hauler may not sell secondhand motor vehicle parts to anvone other than a licensed vehicle wrecker or scrap processor, except for those parts specifically enumerated in RCW 46.79.020(2) as now or hereafter amended which may be sold to a licensed vehicle wrecker or disposed of at a public facility for waste disposal (RCW 46.79.010) I "Impervious surface" means any material reducing or preventing absorption of stormwater into previously undeveloped land. "Intensity" is the combination of factors (such as visual appearance and building size, traffic generation, noise, dust and light and economic value) associated with a particular use that determines the potential impact of that use on neighboring land uses. The higher the intensity, the greater the possible.impact on neighboring land uses. Generally, the intensity of a land use will determine its compatibility with other types of land uses. "Irrigation and /or drainage facilities" means all irrigation and /or drainage structures, including, but not limited to: standpipes, weir boxes, pipelines, ditches, pump houses, culverts, etc. K "Kennel" means a building, enclosure or portion of any premises in' or at which dogs, cats or other domesticated animals are boarded or kept for hire; or in or at which dogs, cats or other domesticated animals are kept or maintained by any person other than the owner; or in or at which six or more cats or four or more dogs over the age of four months are kept or maintained. This definition shall include boarding kennels, but not pet shops, animal hospitals or zoos. L "Landscaping" means the arrangement and planting of trees, grass, shrubs and flowers, and the placement of fountains, patios, street furniture and ornamental concrete or stonework and artificial turf. "Land" means a lot or parcel. "Land use" means the manner in which land and structures are used. "Legislative body" means the board of Yakima County commissioners or the Yakima city council, whichever is appropriate. 'Loading space" means an off - street space on the same lot with a structure or use, or contiguous to a group of structures or uses, for the temporary parking of a vehicle while loading or unloading persons, merchandise, or materials, and which abuts a street, alley or other appropriate means of access and egress. "Lot' means a division of land: 1. "Defined by boundaries and shown on a final plat or short plat officially recorded in the Yakima County auditor's office; or, 2. A legally recognized prior division or parcel under the provisions of Yakima County's subdivision ordinance (YCC Title 14) or the city of Yakima's subdivision ordinance (YMC Title 14). "Lot area" means the total horizontal area within the boundary lines of the gross lot. "Lot, corner" means a lot abutting two or more streets at their intersection, or upon two parts of the same street forming .an interior angle of less than one hundred thirty -five degrees. (See Figure 2 -2.) 10 • • "Lot coverage" means that portion of the lot that is covered by structures and other raarra impervious surfaces awae a,. I. "Lot depth" means the horizontal length of a straight line drawn from the midpoint of the front, lot line to the midpoint of . the rear lot line. (See Figure 2- l.tp* :IL1011 1E - "-.1ili7 3.) — - "Lot, inside or interior' means a lot other than a corner lot. (See Figure 2 -2.) "Lot, flag" means a lot only a narrow portion of which fronts on a public /private road and where access to the public /private, road is across that narrow portion. (See. Figure 2 -2.) "Lot line, front" means, in the case of an interior lot, the property line separating the lot from the road or street, other than an alley. For the purpose of establishing the front lot line for a corner or flag lot, the following shall apply: 1. In the case of a corner lot, the front lot line shall be the property line with the narrowest street frontage, except that the building official, or his designee, shall designate the front lot line for corner lots in residential districts. 2. For a flag lot, when the access easement or right -of -way extends across the lot, the front lot line shall be the line separating the lot from the right -of -way or access easement. When the right -of -way or access easement does not extend across the property, the front lot line shall be determined by the building official. "Lot line, interior" means, in the case of zero lot line development, the property line separating a zero lot line from: (a) another zero lot line or (b) adjoining common open space. (See Figure 2 -4.) 11 "Lot line, rear" means the property line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply: 1. For a triangular or gore- shaped lot, a line ten feet in length within the lot and farthest removed from the front lot line, and at right angles to the line comprising the depth of such lot, shall be used as the rear lot line. 2. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the required rear lot line. 3. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot. "Lot line, side" means any lot boundary line not a front lot line or rear lot line. "Lot, through" means an interior lot having frontage on two streets. (See Figure 2 -2.) "Lot width" means the horizontal distance between the side lot lines, measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot lines. (See Figure 2 -3.) "Low impact development" means stormwater management and land development strategies that emphasize conservation and use of existing natural site features integrated with disturbed, small -scale stormwater controls to more closely mimic natural hydrologic patterns in residential, commercial, and industrial settings. Low impact development addresses stormwater management and land development that is applied at the parcel and subdivisions scale that emphasize conservation and use of on -site natural features. M "Manufactured home" means a dwelling on one or more chassis for towing to the point of use which bears an insignia issued by a state. or federal regulatory agency indicating that the structure complies with all applicable construction'standards of the U.S. Department of Housing and Urban Development definition of a manufactured home and was built after June 15, 1976. Manufactured homes are further classified as follows: 1. "Multi- wide ": Have a minimum width of not less than seventeen feet ras measured at all points perpendicular to the length of the manufactured home; 2. . "Single- wide ": Have a minimum width less than seventeen feet as measured at any point perpendicular to the length of the manufactured home. "Manufactured structure" means a building manufactured with the intent of being transported to a fixed site and constructed in accordance with the building codes as adopted by the city /county. "Massage therapy /spa" means a scientific or skillful manipulation of soft tissue for therapeutic or remedial purposes, specifically for improving muscle tone and circulation and promoting health and physical well- being. The term includes, but is not limited to, manual and mechanical procedures for the purpose of treating soft tissue only, the use of supplementary aids such as rubbing alcohol, liniments, oils, antiseptics, powders, herbal preparations, creams or lotions, procedures such as oil rubs, salt glows and hot or cold packs or other similar procedures or preparations commonly used in this practice. This term specifically excludes manipulation of the spine or articulations and excludes sexual contact. "Master planned development" means any development within the Yakima urban growth area approved under YMC Chapter 15.28 (i.e., planned residential development, planned commercial development, planned industrial development, and planned mixed -use development). "Meeting hall" means a private or quasi - private facility in which defined groups or organizations come together for meetings and social events. Includes private bridge club -type card rooms, grange halls, etc. • 12. "Mining" means all, or any part of, the process involved in quarrying, mineral 'extraction, crushing, asphalt mixing plants, .concrete batch plants, or other uses of a similar nature, but does not include petroleum or natural gas exploration or production. "Mixed Use Building" means a building in a commercial district or planned development used Partly for residential use and partly for a community facility or commercial use "Mixed -use development" means use of the land or structure for two or more different uses. "Mobile home". means a dwelling on one or more chassis for towing to the point of use which does not meet applicable HUD manufactured housing standards of June 15, 1976. This definition does not include modular homes, manufactured homes, commercial coaches, recreational vehicles or motor homes. "Mobile home park" means a parcel of land under single ownership used for the placement of two,or more mobile or manufactured homes used as dwellings. This definition shall not apply to the placement of a temporary hardship unit (see YMC 15.04.140) on the same parcel with another home. "Mobile home park expansion" means the preparation of additional sites for mobile or manufactured homes (including the installation of utilities, final site grading, the pouring of concrete pads, and the construction of streets). "Modification (of use or, development)" means any change or alteration in the occupancy, arrangement, placement or construction of any existing use, structure, or associated site improvement, and any change or alteration of land. "Modular home" means a residential structure which meets the requirements of the International Building Code and is constructed in a factory and transported to the building site. Modular homes are not subject to special review; they are subject to the same review standards as a site -built home. "Multiple- building complex" means a group of structures housing :separate businesses sharing the same lot, access and /or parking facilities. "Multiple- occupancy building" means a single structure housing more than one retail business, office, or commercial venture. N "Net residential. acre" means forty -three thousand five hundred sixty .square feet minus the area in private and public streets, rights -of -way, and access easements. (See YMC 15.05.030(6) to calculate the maximum number of dwelling units permitted on a site.) "Nonconforming lot" means a lot, the area or dimension of which was lawful prior to adoption or amendment of this title, but which fails to conform to the present requirements of the zoning district in which it is located. "Nonconforming structure" means. a structure that was lawful prior to the adoption or amendment of this title that fails, by reason of such adoption or amendment, to conform to the present requirements of the zoning district where it is located. "Nonconforming use" means a use of land or structure lawfully established and maintained, but which does not conform to this title for the district where it is located. "Nuisance" means any use, activity or structure that interferes with the enjoyment' and use of one's property by endangering personal health or safety, offending the human senses, and /or failing to conform with the provisions, intent; or standards of the district where the use, activity or structure occurs. "Nursery" means facilities.' used for the propagation and sale of agricultural or ornamental plants and related products. Nurseries are further classified as follows: 1. "Retail nursery": A nursery which offers products to the general public including plant materials, planter boxes, fertilizer, sprays, garden tools, and related items. 2. "Wholesale nursery": A nursery that raises nursery stock for sale to a retail nursery or other business; and . 13 3.. "Greenhouse ": A nursery facility constructed with transparent or translucent materials for indoor propagation of plants. This definition does not include private greenhouses with no commercial sales. O. "Occupancy" means the purpose for which a structure, portion of 'a structure, or lot is used. or intended to be used. For purposes of this title, a change of occupancy is not intended to include a change of tenants or proprietors, but is intended to indicate a change in the type of use. "Off- street parking" means a parking space(s) and associated driveway(s) located beyond the right -of -way of a highway, street or alley. "Open space" means an area of land or water that is substantially free of structures, impervious surfaces, and other land- altering activities. "Open space, common" means open space within or related to a development that is not dedicated for public use, but is designed, intended and legally committed for the common use or enjoyment of the residents of the development. P "Park" means a public or privately owned area with facilities for active or passive recreation by the public. "Parking angle" means the angle formed by a parking stall and the edge of a parking bay, wall or driveway of the parking facility, ranging from zero to ninety degrees. "Parking bay" means the section of a parking facility containing a driveway and containing one or two rows of parking stalls. "Parking lot" means a facility. designed to serve parking for five or more motor vehicles. "Parking space" means an off - street area that is paved, drained, maintained and used for the temporary storage of one motor vehicle. "Parking stall" means a clearly marked area in which one vehicle is to be parked; a parking 0 space. "Party of record" means the applicant and any other person who has submitted written comment on any action or proposed action, or who has appeared at a public hearing or public meeting and signed an official register requesting notice of further action. "Permit" means written governmental approval issued by an authorized official, empowering the holder thereof to take some action permitted only upon issuance of written approval. "Personal services" means a business providing specialized services such as interior home or business design and shopping services, except as otherwise regulated. "Pet" means a domesticated animal kept for pleasure or as a hobby rather than utility. "Pet day care" means a building or structure in which an agency, person or persons regularly provide care for pets, but not including overnight stays. Uses not meeting this definition shall be considered kennels. "Planning commission" means the duly constituted dal - planning commission (RPG) for the City of Yakima uFbaR grevAh afea. "Planning division" means the Yakima County planning division or the department of community and economic development of the city of Yakima, whichever is appropriate. "Preliminary approval" means the contingent approval by the administrative official using an appropriate Type (2) or (3) review process prior to final approval. Preschool. See "day care center." "Private access easement" means any private easement for the purpose of ingress and egress that is not dedicated to the public and that is owned by the underlying owners of land over which it crosses. "Product assemblage" means a business or service involved in assembling products for off - site sales. "Professional business" means a business primarily engaged in administrative or service - related functions and dependent upon professional staff such as lawyers, doctors, realtors, 14 • travel agents, bankers, accountants, ,engineers and consultants; or providing administrative governmental services. "Property owner(s)" means the legal owner or owners of the property. "Public hearing" means a meeting open to the public that is announced and advertised in advance at which the public is given an opportunity to participate. Public Water System. See "water system, public." R "Recreational screen" means a protective device for recreational purposes designed to keep recreational equipment within or outside of a designated area. Such uses are typically associated with schools, parks, golf courses, swimming pools, ball fields, and playgrounds. "Recreational vehicle" means a motorized or. nonmotorized vehicle designed and manufactured for, recreational use, including, but not limited to: boats, travel trailers, snowmobiles, go -carts, motorcycles and dune buggies. "Recycling center ".means a facility where discarded household products such as aluminum and tin cans, glass, paper, and other similar individual consumer products are deposited and stored for future reprocessing. "Residential density" means the number of dwelling units. per net acre of land. This term includes dwelling unit density. "Restaurant" means an establishment operated primarily for preparing, cooking, and serving meals, with the serving of beverages as incidental thereto. "Retail services" means uses providing services, as opposed to products, to the general public. Examples are eating and drinking establishments, motels, real estate and financial offices, and uses providing health education and social services. "Retail _trade" means those uses primarily engaged in the sale of goods or merchandise to the general public for personal or household consumption and rendering services incidental to r the sale of such goods. Lumber yards, office supply stores, nurseries, butcher shops, p aint stores and similar uses shall be considered as retail trade establishments even though a portion of their business may be to contractors or other business establishments. "Retirement home" means an establishment providing domestic care for elderly persons who are not in need of medical or nursing treatment except in .the case of temporary illness. This definition does not include nursing, convalescent or rest homes, hospitals or sanitariums. "Reviewing official" means the building official, administrative official, hearing examiner, or legislative body when engaged in any review or approval procedure under the provisions of this title. "Rezone" means .to change the zoning district classification of particular lot(s) or. parcel(s) of land. "Right -of -way, public" means land deeded or dedicated to or purchased by the city of Yakima or. Yakima County for existing or future public pedestrian or vehicular access. "Road, local access" means a public road not designed as a principal arterial, minor arterial, collector arterial or neighborhood collector by Yakima County or the city of Yakima. The primary purpose of a local access road is to connect property along the local access road with the arterial street system. "Road, private" means a road not designed, built, .or maintained by the city, the Washington State Department of Transportation, or any political subdivision of the state. "Road, public" means the physical improvement of the public right -of -way, including, but not limited to, surfacing, curbs, gutters and drainage facilities, which is maintained and kept open by the city of Yakima or Yakima County for public vehicular and pedestrian use. S "School" means a structure and accessory facilities in which prescribed courses are taught. This definition includes elementary, junior high or high schools and institutions of higher learning, but does` not include commercial schools, nursery schools, kindergartens, or day nurseries, except when operated in conjunction with a public, private, or parochial school. 15 "School, vocational" means the commercial use of a structure or land for teaching arts, crafts, or trades. "Secondhand store" means a retail business selling used goods. "Service station" means a retail facility to supply motor fuel and other petroleum products to motor vehicles, and may include lubrication and minor repair service and incidental sale of motor vehicle accessories. "Setback, front" is the minimum horizontal distance measured perpendicularly from the centerline of the adjacent right -of -way to the nearest wall of the structure. Where there is a partial right -of -way, the setback shall be measured perpendicularlyfrom the design centerline. When there is no right -of -way, the front setback shall be twenty feet from the front property line. "Setback, side and rear" is the minimum horizontal distance. measured perpendicularly from the nearest property line to the nearest wall of the structure, except that a side setback on a corner lot, along the adjacent right -of -way, shall be measured perpendicularly from the centerline of the right -of -way. When there is a partial right -of -way, the setback shall be measured perpendicularly from the design centerline. "Sewer system, community" means small, self- contained sewage treatment facilities builf to serve developed areas generally found outside public sewer service areas. "Sewer system, individual" means a system designed and constructed on .site to dispose of sewage from one or two structures. Septic tank systems are the most common form of individual sewer system. "Sewer system, regional" means sewer service provided by a municipality or special purpose district. Sign. See YMC Chapter 15.08 for a complete listing of sign definitions. "Sign 'manufacturing and 'assembly" means the design, manufacturing, and assembly of metal- cased, thermo - formed,'wooden, stone, neon, internally lit, or electronic signs. "Site improvement" means any structure or other addition to land. "Site improvement, required" means any specific design, construction requirement or site improvement that is a condition of approval for any permit issued under the provisions of this title or which is a part of any site plan approved under the provisions of this title. "Site plan, detailed" means a general site plan incorporating such additional factors as landscaping, drainage, and others as may be specified. "Site plan, general" means a sketch drawn to scale showing the actual dimensions and shape of the lot to be built upon, the sizes and location of existing buildings on the lot to the nearest foot, and the location and dimensions of the proposed buiiding(s), structure(s), or alteration(s). "Social card room" means' a commercial .facility, or a portion thereof, open to the general public, in which house - banked social card games are played, as that term is defined by RCW_ 9.46:0282 (or as the same may be subsequently amended hereafter), or in which other activities occur that constitute gambling and are authorized by the Washington State Gambling Commission under RCW 9.46.070 (or as the same may be subsequently amended hereafter), to the extent that said activities include any gambling activity engaging in the use of, or associated with, slot machines (whether mechanical or electronic) or any gambling activity engaging in the use of, or associated with, any other electronic mechanism. including video terminals. Specialty Food Store /Food Store,* Specialty. See "delicatessen and other specialty food stores." "Standard, administrative adjustment of means a change, either an increase or decrease, in one or more of the development standards in YMC Chapters 15.05 through 15.08, in accordance with the provisions of YMC Chapter 15.10. "Standard, general" means any standard not capable of precise numerical definition, but which expresses the policies of the community in this title and which may be applied by the reviewing official during a Type (1), Type (2) or Type (3) review. 16 • "Standard, specific" means those numerical standards established in YMC Chapters 15.04; 15.05, 15.06, 15.07, 15.08 and 15.09. "State siting criteria". means criteria for the siting of hazardous waste treatment and storage facilities adopted pursuant to the requirements of RCW Chapter 70.105. "Stockpiling of earthen materials" means permanent and /or continuous use for storage of rock, _gravel, rubble, sand, or soil. "Storage facilities, bulk" means either enclosed (see "warehouse ") or outdoor areas designed for the storage of either large quantities of materials or materials of large size. Includes the storage of vehicles when such storage is not incidental and subordinate to another land use and is not vehicle parking, automotive wrecking /dismantling yards or vehicle sales lots. "Storage facilities, commercial" means enclosed storage areas designated as support facilities for commercial activities and used for the storage of retail materials. "Storage facilities, residential mini - storage" means enclosed areas providing storage for residential goods and /or recreational vehicles within the structure. "Storage, vehicle" means keeping vehicles on a given site that are not actively used by the principal occupants of the site. This definition does not include automotive wrecking /dismantling yards or vehicle sales lots. "Street" means, a public or private road. "Structural alteration means: 1: Any change in a major, component or other supporting members of the structure, including foundations, bearing walls, beams, columns, floor or roof joists, girders, or rafters; or 2. Any change in the exterior lines or configuration of a structure if such changes result in the enlargement of the structure. "Structure" means anything constructed or erected which requires location on the ground or attached to something having a location.on the ground. "Structure, temporary" means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. "Swimming pool" means a- contained body of water, used for swimming or bathing purposes, either above ground level or below ground level, with the depth of the container being more than eighteen inches or the area being more than thirty -eight square feet. T "Tavern" means an establishment operated primarily for the sale of wine, beer, or other beverages with any service of food incidental thereto. "Technical equipment" means medical, dental, fire suppression, restaurant, etc., equipment. "Towing services" means a service to haul or tow vehicles for service, repair or temporary storage. Any facility, except for wrecking yards, storing a vehicle for five or more days shall be considered a vehicle storage facility. Hulk haulers are not included under this definition. Travel Agency. See "professional business." U "Urban growth area" means the area within the city limits of Yakima and Union Gap, and the unincorporated portion. of Yakima County within the Yakima urban growth area boundary established by the board of Yakima County commissioners pursuant to' RCW 36.70A and adopted in. the. Yakima urban area comprehensive plan (YUACP) as amended. The boundary and legal description of the Yakima. urban growth area is set forth in YMC 15.01.020. The Yakima urban growth area is that area where growth is expected to occur over the next 20 years from the adoption of the YUACP and is the area in which urban level public services are or will be provided. "Urban services" include, but are not limited to, public water and sewer lines, neighborhood parks, streetlights, police and fire protection. "Use" means the activity or purpose for which land or structures or a combination of land and structures is designed, arranged, occupied, or maintained together with any associated site 17 improvements. This definition includes the construction, erection, placement, movement or demolition of any structure or site - improvement and any physical alteration to land itself, including any grading, leveling, paving or excavation. "Use" also means any existing or proposed configuration of land, structures, and site improvements, and the use thereof. Use, Class (1); (2), (3). See "Class (1), (2), (3) uses." Use, Modification of. See "modification (of use or development)." "Use, principal" means the primary or predominant use to which a structure, part of a structure, or lot is or may be devoted. "Use, temporary" means a use established under YMC 15.04.130, for a fixed period of time, with the intent to discontinue such use upon the expiration of the time period. . "Utilities" are those businesses, institutions, or organizations -using pipes or conductors in, under, above, or along, streets, alleys or easements to provide a product or service to the, public. "Utility services" means facilities operated by utilities, but not including local transmission and collection lines, pipes, and conductors. Such facilities include, but are not limited to, electrical power substations, water reservoirs, and sewage treatment plants. V "Variance" means a modification of the specific regulations of this title in accordance with the terms of this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other. properties in the same vicinity and zoning district. Veterinary Clinic. See "animal clinic /hospital." "Vision triangle" means a triangular- shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. (See YMC 15.05.040.) W "Warehouse" means a structure used for the storage of goods and materials. See "agricultural building." "Waste material processing and junk handling" means a place where waste, discarded or salvaged metal, used plumbing fixtures, discarded furniture and household equipment, and other materials are bought, sold, exchanged, stored or baled; and places or yards for the storage of salvaged materials and equipment from building demolition and salvaged structural steel materials and equipment, but excluding establishments for the processing and sorting of garbage, or for the sale, purchase, storage or dismantling of automotive vehicles and machinery. This definition does not include the processing, storage or disposal of hazardous materials. "Wastewater spray field" means .an agricultural or, otherwise vegetated field which is irrigated with wastewater or treated sewage. May include storage lagoons utilized solely for storing wastewater before spraying, but not other wastewater treatment facilities. Excludes sprayfields for wastewater defined as hazardous pursuant to RCW Chapter. 70.105. "Water system, public" means any system, excluding a system serving only one single - family residence, providing piped water for. human consumption, as defined and /or regulated, under WAC 248 -54. "Wholesale trade" .means those uses primarily engaged in the sale of merchandise to retailers and to industrial, commercial, institutional or professional business users or to other wholesalers. "Wineries or Breweries" means a winery or brewery for processing and manufacturing purposes only, with limited wholesale trade incidental to the primary use Wineries and breweries are categorized as follows: A. Basic does not have a commercial tasting room or restaurant; 18 • B., Resort /Destination has either a commercial tasting room or restaurant This type of winery or brewery is located on a site larger than five acres in size It could typically be associated, or compatible with: high density residential resort lodging or a bed & breakfast C. Retail has either a commercial tasting room or restaurant "Wrecking yard" means the place of business where motor vehicles or parts thereof are kept by a motor vehicle wrecker subject to state regulation (RCW Chapter-46.50). Y "Yard" means an open space, other than a court, on the same lot with a structure. "Yard, front" means the open area extending along and parallel to the entire length of the front lot line and measured from the property line to the structure. "Yard, rear" means the open area at the rear of the structure extending the entire width of the lot and measured from the structure to the rear property line. "Yard, side" means an open area between the side wall line of the structure and the side line of the lot. Z "Zero lot line" means the location of a dwelling on a lot in such a manner that one of the sides of the dwelling rests directly on a side lot line. "Zoning district" means a portion of the Yakima urban growth area within which certain uses of land and structures are permitted and certain other uses of land and structures are prohibited, certain yards and other open spaces are required and specific lot areas are established, all as set forth and specified in this title: This definition also includes the terms "zone" and "use district." "Zoo" means a park of facility where animals are kept and raised for visitors to see and observe; zoological park. Section 2. Section 15.04.030 of the City ty o Yakima Municipal Code is hereby amended to read as follows: • 15.04.030 Table of permitted land uses. Table 4 -1 titled "Permitted Land Uses" is incorporated as part of this section. Each permitted land use listed in Table 4 -1 is designated a Class (1), (2) or (3) use for a particular zoning district. In addition, some Class (1) uses may require Type (2) review in accordance with YMC 15.04.020. All permitted land uses and associated site improvements are subject to the design . standards and review procedures of this title. 19 Retail 1 A 1 I 1 Ii Ii 12 AM.U.SEMENT':AND - RECREATION, SR R1 R2 03 01 62 HB SC LC S GC CB RD M1 M2 AGRICULTURAL COMMERCIAL `• .` 3 3 3 Agriculture, Horticulture, General Farming (not feedlots and 1 Amusement :Park Permanent , ... 3 3 stockyards) 1 3', . Bowling Alleys 2 2 2 A ricultural Buildin ` * 1 2 3 ,Campground - 3 Agricultural Chemical Sales/Storage 2' Drive in Theatres 3 1 1 1 2 2 2. _ Exercise _Facilities° 31: Agricultural Stand 1 1 1 1 1, .. 1 1 A ncultural Related ;.lndustries. O Horse Racing Tracks, Speedways ;2 3 3 Game Rooms , °Card Rooms; "Electronic Game °Rooms Animal Husband See YMC 15.09.070 1 2 Golf Courses, Clubhouses, Golf Driving Ranges 3 1 1 ::Concentrated'Feedin "O eratlon 3 :..,, Miniature-Golf. Courses : Floriculture, A uaculture 3' 3 ` 1 ' .:_ 1 ° 1 1. M vie Theatres, Auditoriums, Exhibition Halls Fruit Bin Sales /Stora e 3 ," .- 3 1 1 1 1 P rks" ' _ . - . " ;`' 2 3_ ne and Brewer - Basic 2 2 ; 2 ,_::. 2 " °' 2 > 2 2 2 " " ,`1 : 3 2 3 1. 2 Resort /Destination'w /on site 'a ricultural roduction 2 `3 3 ;., 2 1 1 -3 3 ; 3 Resort /Desti nation ( *) 2 3 3 ` 2 2".. 1 2 1 1 1 1 3 Retail 1 I 1 1 I 1 Ii Ii 12 AM.U.SEMENT':AND - RECREATION, Aquatic Center 3 3 3 1 2 Amusement :Park Permanent , ... 3 3 3:: 1 3', . Bowling Alleys 2 2 2 1 1 2 3 ,Campground - 3 2' Drive in Theatres 3 2 2 2. _ Exercise _Facilities° 31: 1 1 2 1 1 1, .. Horse Racing Tracks, Speedways 3 3 Game Rooms , °Card Rooms; "Electronic Game °Rooms Golf Courses, Clubhouses, Golf Driving Ranges 3 3 3 3 Miniature-Golf. Courses : 3' 3 ` 1 ' .:_ 1 ° 1 1. M vie Theatres, Auditoriums, Exhibition Halls 3 1 1 1 1 P rks" ' _ . - . " ;`' 2 3_ 2 2 2 ; 2 ,_::. 2 " °' 2 > 2 2 2 " " ,`1 : 2: 2 Roller Skating or Ice Skatin Rink 2 2 1 1 3 S orts.Facilit '° Indoor `` ` 2 2".. 1 2 1 3` Social Card Rooms See YMC 15.09.090)(*) 3 3 3 3 21 A SR R1 R2 R3 B1 B2 HB S S G MCBRU M1 M2 St te. Fair Park: * _ (See YMC" 15'04:200 -: COMMUNITY SERVICES Cemete- / Crematonurri with ;Funeral Home 3 _° 3. 3 -`; 3 : 3 3. Funeral Home not associated with Cemetery / Crematorium 3 2 2 2 1 1 1 2 2 ,C urches,:S na o`ues, &:Tem les p 2 3 2_`:` 2, 2. 2" 2 C mmunit Center * Meeting Halls Fraternal Organizations 2 3 2 2 2 2 2 2 2 4 1 1 2 ^ D c-Gare Facilities not home occu ation : Famil In -Home * 1 2 2 2 2 2 2 2 1 1 1 3" 3 3; 2. ,1 1 ... 2 :` 1 1 -1 `° 1 ;.: 2: 1 Police, Fire Stations, Ambulance Service 3 3 3 3 2 2 2 2 1 1 1 1 1 1 Hos ital * ".Inside Institutional,Overla =_• See`YMC= Ch.`15.31 Hos ital Outside Institutional Overlay 3 1 3 3 3 .3 3 3 3 GR Correctional Facilities 3 3 3 3 3 3. -Libraries 3 ' "3' 3 2 ., . •1 .2 Museums, Art Galleries 3 3 2 1 2 1 1 1 1 1 1 1 Schools -Elementary and Middle 3 3..,.3 3 3 ..3. 1 3 Senior Hi ti °School * :. 3 3v. 3' 3 ,: _3 3 3 3 Business Schools(*) 3 3 1 3 3 3 1 3 2 1 2 1 1 1 1 2 2 _ "Communit ;:Colle a /= Universit ; Inside Institutional Overla . .' See:YMC °Ch. 15.30 , Community College University - Outside Institutional Overlay , 3 3 3 3 T13 2 2 2 2 3 _... 2 ..: 3 . 2 2 :Vocational Schools ( *) 3 3: 3 -' 3: 3 2 2 2 -1 1 `: 1 4, '3 Wastewater Sprayfield * 3 3 3 Z 3 3 3: ; 3 HEALTH AND SOCIAL SERVICE FACILITY Group Homes (Six or fewer) Adult Family Home *) 1 r 1 1 Treatment Centers For Drug and Alcohol Rehabilitation 3 3 3 3 3 3 3 3 3.B artlin 3.. 3_` 3 Haftay House * 2 3 3 'Giou Homes More than`Six Convalescent and;,Nursin Homes 3 2 2 2 *. x, 21 i SR R1 R2 R3 B1 B2 HB SC LC A S GC CIBI RD M1 M2 ;M NUFACTURING _ ,,, : •:. =. - Agricultural Product Support 2 2 2 1 1. Aircraft`-Paits -' Aircraft Commercial ( *) and Industrial ( *) Uses on land owned by the Air port 1 1 2 A pare I. and =Accessories :.: :. 3 B#ery Products wholesale 2 2 2 2 2 1 1 Bevera e Indust. =: :, :. 2 2 2 1,, 1 C nning, Preserving and Packaging Fruits, Vegetables, & Other Foods 3 1 1 Cement 'and Concrete= Plants - 3 - 1 Chemicals Industrial, Agricultural, Wood, etc. 3 1 Concrete; G sum.and� Plaster :Products " .. ... 2 1 : 1 C6nfectionery and Related Products wholesale 2 2 2 1 1 2 1 1 .0 tle ,'Hand`-To , ois and General' Hardware. 1 _ Drugs 1 2 1 1 EI ctrical °Transmission and Distribution E ui ment•:� 1 ; . 2 3 1 1. EI ctronic Components and Accessories and Product Assembly 1 2 2 3 1 1 ;:Engineering, 'Medical, Optical, ".Dental, Scientific . Instruments .and ` Product Assembl 1. 2' 1 1' Fabricated Structural Metal Products 2 3 3 1 1 Fc od'Processin . 2: 3 1 ,1 Furniture 2 3 2 1 1 GI ssi Potte and Related: Products and Assembl ' 2 2 2 1 1 Grain Mill Products 3 1 1 Heating'A aratus. Wood Stoves 1 1 .. t aher Products 3 1 1 1 Leather Tannin .'and.,Finishin Machinery and Equipment 1 2 1 1 Meat, Poult ;and =Dai Products Paints, Varnishes, Lacquers, Enamels and Allied Products 3 1 Pa "erboard Containers andBoxes 3 Plastic Products and Assembly 1 2 1 1 i • C� • 23 A SR R1 R2 R3 B1 62 HB IS C LC S IGC CB RD M1 M2 ;Prefabricated;Structural Vl/ood :Products.and Containers .' P ntin , Publishing and Binding 1 3 2 1 1 ,"'P: ntm ;Trade` Service: industries Rendering Plants, Slaughter Houses :RUbber:Products Sign Manufacturin and Product Assembly * 2 1 1 1 1 Sawmills and Planir' Mills= 2 Sheet Metal and Welding Stops 2 1 1 :St ee, Products includes "..f nishin ofFmonuments;,for retail sale `'. 2,` .1 2'. 2 Transportation Equipment, Trailers and Campers 1 1 o "worm : Cabinets,-Shelves! etc 3 1 2'" 2 1< 1 MINING /REFINING /OFF -SITE HAZARDOUS WASTE TREATMENT _ As halt;Pavin " .and =Roofin Materials,'Rock Cruslin 3 ; 3 1.:_ Mining Including Sand and Gravel Pits * 3 3 3 Stock ilin .of ;Eartheri:Matenals y, 2 2: 2`:. 2-,' 1. Off -Site Hazardous Waste Treatment and Storage Facilities(*) 3 3 Accessory Uses * See YMC 15.04.060 I- atached Single-Family Dwelling * 1 1 1 1 3 3 1 3 3 3 3 'A Gesso DWdIIin Unit° * *See "YMC 1'5.00---045)+"; 3 3 E isting or New Detached Si n gle -Fam ily Dwel I ing on Existing Lots.of 1 1 1 8,)00 s uare feet or less — — Detached Single- Family Dwelling (zero lot line) ( *) (See YMC 2 2 2 2 3- 3 1 3 3 3- 3 1 09.040 — — At ached Sin` le Famil " Dwellm ,`,Common'.V11all 2 .2: 1 , `1 '3: 3 3 T /o Family Dwelling- (Duplex) * 3 3 1 1 2 2 1 3 3 3 3 ;Converted_ Dvyellm 2," 2 2". , 2 2 2 . Z Z` M Iti- F#amil Dwelling *: 0- 7.DU /NRA 2 1 2 2 2 2 2 2 2 _ DU 2 1 2. 2 13+ DU /NRA 3 1 2 2 2 2 2 2 2 -.. i Mixed'Use Building"': Planned Development See YMC 15.28 Mobile,Home`Parks `3 2 2 Mobile Home * or Manufactured Homes * See YMC 15.04.160 23 A '2 1 Camera' -- Store SR R1 R2 R3 B1 B2 HB SCC LC S G CBI RD M1 M2 _- Candy Store 2 1 2 1 1 1 1 1 1 - Clothin :and Accessories ,. ,. , 2 , 1 2 3 Retirement Homes Coin and Stamp Shop 2 1 2 1 1 Temporary Hardship Units See YMC 15.04.140) 2 2 2 2 2 2 2 2 2 2 1 2 RETAIL;TRADE,,AND`SERVICE `a`` 4 h 1 1 1 2 Addressing, Mailing, and Steno ra hic Services 1 1 2 1 1 1 1 1 1 A_ 14 it Business Uses: See`YMC 15:09;2Q0 Animal Clinic /Hos italNeterinarian 3 2 2 2 1 2 1 1 1 Anti ue'Stores 2 Artist's Supplies 1 1 1 1 1 1 1 1 Auction Hous&for Goods * .. :3 3' 3 3 3 3 2 2 Auction House for, 3 3 °A tornotive ` . Automobile Dealer New and Used Sales 2 2 1 3 1 1 Weekend'Autor obile ,and:Recreaiional*-�Vehicle:` RV `;Sales Automotive: Car Wash / Detailing 2 2 1 1 1 1 2 .. Parkin Lotsand.Gara es ` 2 Maintenance and Repair Shops 2 1 1 2 1 2 1 2 Paint and Bod ; Re air Sho s 2- : 3 "> 1 1 1" 2- Parts and Accessories tires, batteries, etc. 2 2 . 1 1 1 2 1 2 Towin 'Services' = 1 ° 3 Wreckin and Dismintling Yard & Hulk Haulers 3 1 Bail Bonds Bakery 2 1 1 1 1 1 1 1 1 Beaut 'and.Barber':Sho s : " - 2. 1 , ; 2. ,,: 1 . 1 1 1 1, 1 2 Bed and Breakfast Inn 2 2 2 2 2 2 1 :.Boatsand Marine :Accessories Books, Stationery, Office Supplies 2 1 1 1 1 1 1 1 2 '2 1 Camera' -- Store 2 1, . 2 .: ,2 Candy Store 2 1 2 1 1 1 1 1 1 Clothin :and Accessories ,. ,. , 2 , 1 2 T. Coin and Stamp Shop 2 1 2 1 1 1 1 1 1 Commercial Services 3 1 2 1 1 1 1 1 2 25 A SR R1 R2 R3 B1 B2 HB SC LC S GC C B RD M1 M2 Communication Towers; * See YMC 1`5 04:180 3 Computer and Electronic Stores 2 1 2 1 1 1 1 1 1 Convenience Store Closed 10 00; .m.;.to 6:00 a m ,' . :: -.. 2 2' 2 ;' 1 ;,' 1 1 1 t` ...1 ":_ 1 2 Convenience Store - Open 10:00 p.m. to 6:00 a.m. 3 3 2 2 1 1 2 T 2 Del icatesseh`` * $; L 1 1 1 1 1 1 1 Department, Discount, Variety Stores 25,000 sq ft or less 2 2 1 1 1 1 1 pe :artnent, ,Discount, Variet ;Stores: 25,0011 s ff.;or more 3 P t Daycare /Animal Trainin j�) 2 1 1 1 2 1 1 2 Dru Stores * o`�tid. oods,,ortho .edicsu lies : 2 1`. 2 E resso /Coffee Drive -Threw 3 2 2 2 1 2 2 2 3 Es resso /Coffee r 1. 1 1 Fabric Store 1 Z 1 1 1 1 1 1 F rm and lm ` idments, Tools _and ,Heav Construction °.E ui _merit . n ; Farm Supplies 2 2 1 1 2 1. Financial Institutions 1 1 1 1 1 1 1 1 :'Flonst " :- 2 Food Store, Specialty 1 2 1 1 1 1 1 1 ;Fuel Oil- 'and.Coa! Q,istributors v 1 2 Furniture, Home Furnishings, Appliances 1 1 1 1 1 1 1 GneralyHardware, Garden Equipment; &Supplies(25,000 sq:ft or 2' 1 2 1 1 1; 1 1 1 rless G neral Hardware, Garden Equipment, & Supplies - (25,000 sq ft or 3 3 1 1 1 1 1 more :'Gift'Sho 2 1 2' 1 1 `_ 1 G loceryiGGRYeRienGe Store (larger than 6,000 sq. ft.) Open 889 3 3 2 1 4 1 2 1 2- te &00 2 Heatin' .;;:and Plumbin and'.Electrical.E, ui ment Stores ;` , ; 2_ 2 1 . Heav E ui ment Storage, Maintenance & Repair 1 :. 1 1 Jewel , ;Watches ;; Silverware' Sales'and Re air Kennels 3 2 2 Laundries, °L'aundromats,and D Cleanin Plants , `. .; Liquor Stores 2 2 1 1 1 1 L'umb"rds. M ssa a Thera / Spa 1 1 1 1 1 1 1 1 1 25 A SR R1 R2 R3 B1 I B2 I HB SC LC S G ICBI'RDI M1 M2 Motels and Hotels 2 1 1 1 1 1 Motorc cles;Sales /Re air. includin maintenance 2: 1 "' 1: 1 -3;1 A `2 Music Stores 2 2 1 1 1 1 •,,; 1 .. ''Nurse ..: 3. 1 1_ 1 01 fice CAII;Center _: '. 2 3 3 2 2: Contractor Building and Trade (e.g., Plumbing, Heating, 2 2 2 2 1 2 1 1 Electrical, Paintin 4 4- Government.. •,: 2 3 2 Professional Offise-- Build"RgG for —JArchitects, Attorneys 3 1 1 3 1 1 1 1 1 1 3 E ineers Surve ors , r=�eMme^+, et 2 ( 'rccG-r �'^J, cast .. .. ...,.., lf es .. '. .:: qq - q Medical'and.;DentaI Lahorato Offices and. Clinic 3 ms�fase;'`eaita +aia— Service :Agencies fAdyertismg,` E lo` ment °Insurance Real Estate 'etc "' Outdoor Advertising Billboards See YMC 15.08.130 Paint,:Glassand;Wall "a er'.Stores 0 2 2 1 1`. 1.`:: 1. 1 Pawn Broker 2_ 1 1 1 2 1 P t Stores,;Pet;Su. lies-and Do ;_Groomin ;. 1 1 : 1• 2 .1 `:: 1 1. 1 .: Printing, Photocopy Service 1 1 1 1 1 1 1 1 1 1 Radio/TV:, Studio, ` 3 32_2 :, 1 1 1 ,,. 1 2 Recycling Center * ' 3 1 R ntal: Auto;,`Truck,,Traile[,.,Fleet Leasin :Services with Storage _ 3 , 2 ` 1 _2 2 , 2 ': '3 �: , 2 Rental: Heavy Equipment exce t automotive with Storage 1 1 R' ntal:''Hea . `; E Ui merit exce t automotive) without story e ._2, Repairs: Small Appliances, TVs, Business Machines, Watches, etc. 1 2 1 1 1 1 2 1 1 Re airs: Locksmiths and Gunsmiths'; 1 2 2 1 R airs: Re-Reu holstery and Furniture 2 2 1 1 1 2 1 Re airs:-Small Engine and Garden Ecluipment Restaurant, Cafe and Drive -in Eatinq Facilities ( *) 3 1 1 1 1 1 1` 1 1 27 I- .. - A SR R1 R2 R3 B1 B2 HB SC LC S GC CB RD M1 M2 Seamstress, - Tailor ;. 1 1 -. 1 . Second Hand Store 3 3 3 2 3 2 S rvice'Station, * .Closed Between 10'00 .m. and 6 :00.a:m.. Service Station ( *) Open Between 10:00 p.m. and 6:00 a.m. (") 3 2 4- 1 1 2 1 2 ;Shoe Re air:- and;Shoe Shine--Sho s " = _ Shooting Ranges Indoor 3 3 3 3 1 Si ns „_ _ rinted,” ainted`or carved:` u _. Sporting Goods, Bicycle Shops 1 2 1 1 1 1 1 1 2 Taverns * ;_BarsDance Establishments' Technical E ui ment Sales 2 1 2 1 1 1 1 1 1 1 To and Hotib "Store � °'° Truck Service Stations and Sho s 3 2 1 1 Tr ck. Lar a ;:. Manufactured„ Home,:& Travel Traiier Sales �. 1 > =3 1 . Video Sales /Rental - 1 2 1 1 1 1 1 1 2 Waste.'Materiaf Processin and Junk:Handlin -; TRANSPORTATION Bus Terminals Bus Storage and Maintenance Facilities 1 1 :_Trans ortation Brokers e' * `Offices,;;with Truck Parkin 2 2 Contract Truck Hauling, Rental of Trucks with Drivers 1 1 1 -:Air, Rail ;'_Truck Terminals, for' short= termstora e;- office, etc Railroad Switch Yards, Maintenance and Repair Facilities, etc. 1 1 TaxicabTerminals;''Maintenance and Qispat6hing'Qent6rs,'etc'.':.-m, 3 3 Airport Landing Field Air ort, 0 erations UTILITIES : "Power- Generafin `Facilities;, - ,-Utility Services substations, etc. 3 13 3 3 3 3 1 1 3 1 3 1 1.3 1 1 1 1 1 1 WHOLESAL"RADE STORAGE ..., , Warehouses 3 1 2 2 1 1 W olesale Trade ; Storage Facilities, Bulk 1 2 1. 1 St ra e, Facilities, Commercial; , * -' ;3 1, 2- _ 3 1; 1 27 'Keters to definition in YMC Ch. 15.02 Not Permitted 1 =Class (1) Permitted Use 2 = Class (2) Requires an Administrative Review bV the Administrative Official 3 = Class (3) Requires a Public Hearing by the Hearing Examiner SR R1 R2 R3 B1 B2 HB SCC LC A S GC CB RD M1 M2 Residential Mini-Storage. 3 3 1 2 3 1 1 'Keters to definition in YMC Ch. 15.02 Not Permitted 1 =Class (1) Permitted Use 2 = Class (2) Requires an Administrative Review bV the Administrative Official 3 = Class (3) Requires a Public Hearing by the Hearing Examiner Section 3.. The table of contents of Chapter 15.04 is hereby modified and Section 15.04.050 of the City of Yakima Municipal Code is hereby removed to read as follows: Chapter 15.04 PERMITTED LAND USES Sections: 15.04.010 Purpose. 15.04.020 . Land use classification system. 15.04.030 Table of permitted land uses. 15.04.040 15.04.050 Unclassified uses. lot lint 15.04.060 _Zero deyelGrtrr eP � Accessory uses. °� 15.04.070 Overlays: 15.04.080 Drive- through facilities. 15.04.090 Yard sales. 15.04.100 Caretaker dwellings. 15.04.110 Swimming pools. 15.04.120 Home occupations. 15.04.130 Temporary use permits. 15.04.140 Temporary hardship unit permits. 15.04.150 Standards for mobile /manufactured home parks. 15.04.160 Placement of mobile /manufactured homes in residential districts. 15.04.170 Placement of manufactured modular nonresidential structures. 15.04.180 Communication towers. 15.04.190 Social card rooms. 15.04.200 State Fair Park — Exposition and Special Events Center. -- Mt. _1101 Section 4. Section 15.04.060 of the City. of Yakima. Municipal Code ' is hereby amended to read as follows: 15.04.060 Accessory uses. A. Generally. An accessory use is a use customarily incidental and subordinate to the principal use of a structure or site. Accessory uses are permitted upon compliance with the terms and provisions of this title. They, must be clearly secondary to, supportive of, and compatible with the principal use(s) and consistent with the purpose and intent of the zoning district. The land use classification and review requirements of an accessory use shall be the same as that of the principal use(s), unless otherwise specified. B. On hazardous waste treatment and storage is permitted as an accessory use in the SR, B =1, B -2, HB, LCC, CBD, GC, M -1 and M -2 districts,, subject to the state siting criteria in the 29 Washington Administrative Code adopted pursuant to the requirements of. RCW Chapter 70.105. C. Garages. Private garages are permitted as an accessory use; provided, that in residential districts they are primarily used to store motor vehicles by the occupants of the residence. D. Pets. Pets are permitted as an accessory use; provided, that in residential districts they are subject to the following restrictions (see definition of "kennel'): 1. They are domesticated animals kept for pleasure or as a hobby rather than utility, such as fish, birds, dogs and cats, except when the use constitutes a kennel; 2. Their presence does not create undue noise or odors such as would create a nuisance or diminish the residential nature of the neighborhood; 3. Such animals are properly fed, watered and kept in a humane manner; and 4. The other provisions of the YMC for animals are followed. E. Agricultural Buildings. Where permitted, an agricultural building shall not be used for human habitation, processing, treating or packaging of agricultural products, nor shall it be a place used by the public. F. AGGessc)Fy UsesCargo Containers. - 1. Not Permitted. Ne -G_ Ca. r o containers andiE)F 8Mi tFUGk t;irieF shall not be used for a storage #aeility or other use within the di +r;^ +residential, d6^ +,. ^+ „� the -B-1, or B= 2 zoning etherdistrictss for ne more than two consecutive weeks at anw ane7olve -time 2. Permitted. Cargo containers and /or semi -truck trailers are allowed as an accessory use to a permitted business in the SCC LCC, AS, GC RD than— t",E—M -1 or—and M -2 zoning districts. a. Provided, all refrigerated cargo containers or semi -truck trailers that are not located within a designated loading dock or loading bay shall be located no less than 50 feet from any existing residential zoning district. Section 5. Section 15.04.160 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.04.160 Placement of mobile /manufactured homes in residential districts. A. Purpose. The provisions established herein are intended to assure that the siting of manufactured homes is harmonious with the surrounding residential uses and preserves the general character and integrity of the neighborhood. B. Table of Review- Requirements for Mobile /Manufactured Homes. Table 4 -3 titled "Review Requirements for Mobile /Manufactured Homes" is incorporated as a part of this section. The table indicates in which residential districts mobile /manufactured homes may be permitted as a Class (1), (2) or (3) use. All manufactured homes on individual lots are subject to the specific conditions of subsection C of this section and the applicable. review procedures of YMC Chapters 15.13, 15.14 and 15.15. C. Siting Standards. All manufactured homes shall be installed in compliance with applicable codes. In addition, manufactured homes installed in the residential districts, not in manufactured home parks, may be required to meet the following siting standards: 1. Roof Slope. Roof slope shall be not less than a two -foot rise for each twelve feet of horizontal run. 2. Roofing Materials. Roofing materials shall be compatible in appearance with surrounding site -built homes. 3. Siding Materials. Siding materials shall be wood, masonite, .or other material compatible with surrounding site -built homes. 4. Pit Set: Manufactured homes shall be "pit set" with first floor elevation no more than twelve inches above finished grade. The pit shall be of sufficient depth to ' accommodate eighteen inches clearance below the frame of the unit with crawlspace access located near 30 • utility - connections. The foundation shall be installed in compliance with the requirements of the Washington Administrative Code. Skirting or side walls shall be installed around the perimeter and the tongue and axle shall be removed. D. Replacement of a Nonconforming Mobile Home on an Individual Lot with Another Mobile Home or Manufactured Home. 1. Type (1) review shall be used to replace a nonconforming mobile home with another mobile home that is newer and the same size. 2. Type (1) review shall also be used to replace a nonconforming mobile home with a manufactured home. 3. Type (3) review shall be used to replace a nonconforming mobile home with another mobile home that is larger size. A nonconforming mobile home cannot be replaced with an older mobile home. a. The replacement mobile home shall meet all Washington State Department of Labor and Industries (L &I) improvement criteria before the mobile home can be moved to the replacement location site, which is limited to an existing manufactured home park. b. Verification provided to the appropriate jurisdiction of said improvements and inspections by L &I shall be provided before said replacement. E. Replacement of an Existing or Approved Manufactured Home on an Individual Lot with Another Manufactured Home. Type (1) review shall be used to replace an existing or approved manufactured home with .another manufactured home that is newer and the same size or larger. The modification provisions of YMC Chapter 15.17 shall be used to replace a manufactured home with another manufactured home that is smaller. F. Siting. MApy - manufactured homes- AOkA -is constructed after June 15 1976 4nd which compliesy with the following requirements may be sited in the same manner, and subject to the same conditions, as a site -built home notwithstanding any other YMC Title 15 requirements 1. Is a new manufactured home which has not been previously titled to a retail purchaser and is not a "used mobile home" as defined in RCW 82.45.032(2)• 2. Is set upon a permanent foundation as specified by the manYfaGtUFer_CitY of Yakima and the' space from the bottom of the home to the ground is enclosed by concrete or an approved concrete product which can either be load bearing or decorative 3. Is in compliance with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located: 4. Is thermaliy equivalent to the state energv code; and, 5. Meets all other requirements for a designated manufactured home as defined in RCW . 35.63.160. Table 4 -3 - Review Requirements For Mobile /Manufactured Homes Previously _Titled 31 Approved or Approved or On Individual Lots Existing Manufactured Home Subdivisions Existing Mobile Home Parks TSRR1 R2 R3 Mobile Homes 1 Single -Wide, (not meeting YMC 15.04.160 C 1 2 . 2 3 3 Single -Wide (meeting YMC )5.04.160 C 1 1 1 3 2 2 31 DedtsleMulti -Wide (not meeting YMC AM©E DGubleMulti -Wide (meeting YMC I 1 1 1 2 2 2 15.04.160(C)) *Refers to definition in YMC Chapter 15.02 1 = Type (1) Permitted Use 2 = Type (2) Requires an Administrative Review and approval by the Administrative Official (YMC Ch. 15.14) 3 = Type (3) Requires a Public Hearing and Approval by the Hearing Examiner YMC Ch. 15.15) = Not Permitted Section 6. Section 15.05.020 of the City of Yakima Municipal Code is hereby amended to read as follows: . 15.05.020 Site design requirements and standards. . A. Table of Site Design Standards and Subdivision Requirements. The provisions of this chapter and the requirements in Table 5 -1 and Table 5 -2 are established for all development in the zoning districts indicated. B. Development on Nonconforming Lots. Development on nonconforming lots is governed by this section and YMC 15.19.040. Except as limited by this title, any permitted use may be allowed on any lot legally created prior to the adoption of this title. Such development and structures are subject to the following additional provisions: 1. Detached single - family dwellings erected on nonconforming lots must meet the following criteria: a. The setback dimensions of the structure conform to the regulations of this title; b. The lot has at least twenty feet of frontage on, or a minimum twenty- foot -wide access easement to, a public or private road; c. All other site design and development criteria other than the lot size requirements of Table 5 -2 are met. 2. Zero lot line, common wall, or duplex development may be permitted on such lots in the R -2, R =3 and B -1 districts only if the conditions.of subsection (13)(1) of this section are met. 3. Multifamily development may be permitted in the R -2, R -3, B -1; CBD and GC districts only if the criteria of subsection (13)(1) of this section are met. 4. . Zero lot line, common wall, duplex or multifamily development are not allowed on such lots in the SR and R -1 zones unless such development is the replacement or reconstruction of a destroyed or damaged existing use, as defined -in YMC 15.19. 5. Any permitted use or structure may be placed on a lot that is nonconforming as to width and /or lot area in the industrial and commercial districts, but only if the criteria of subsection (13)(1) of this section are met. C. Maximum Lot Coverage. Maximum lot coverage is the percentage of net land area of a site that can be covered with structures and other impervious surfaces. The maximum lot coverage in each district is shown in Table 5 -1. In the SR and R -1 districts, this standard is intended to protect the open character of each district, and ensure that land is available to accommodate septic tanks and drainfields. The intent in the R -2 and R -3 districts is to provide areas for landscaping and recreation. Maximum lot coverage requirements in the commercial districts are intended to promote development consistent with the character of the district, protect setbacks, and provide the opportunity to integrate open space and landscaping plans into the design and placement of the structure and off - street parking. 32 is 0 D. Structure setbacks are the minimum structure .setbacks permitted in a particular zoning district with Type (1) review. In the residential districts, structure setbacks are intended to provide privacy, light, air and emergency access. Setbacks along easements and rights -of -way are intended to . minimize the impacts from traffic. on adjoining property owners. In the commercial districts, building setbacks provide visual clearance along streets and areas for sitescreening and landscaping. Structure setbacks are required in the industrial districts to provide fire protection, emergency access, and to reduce impacts on adjacent districts of lower intensity. No structure shall be built or located on or in an easement. The use of an access easement by a structure shall only be allowed upon vacation /alteration of the easement in accordance with provisions established in the city /county subdivision ordinance. The standard structure setback in each district is shown in Table 5 -1. . E. Setbacks for Residential Accessory Structures. The minimum setback for residential accessory structures in the residential districts shall be at least five feet from the side property line, five feet from the rear property line, and up to, but not within, the required front yard;. provided, that the accessory structure(s) shall not encroach on a public easement and applicable street setbacks are observed. In the residential districts an accessory `structure not requiring a building permit may be placed up to the side or rear property line if the structure will not encroach on a public easement and applicable street setbacks are observed. F. Maximum Building Height. Maximum building height is intended to maintain building heights compatible with the character and intent of the district. The maximum building height in each district is shown in Table 5 -1. G. Fences and Walls— Standard Height. The following provisions shall govern the location and height of fences and walls: 1: In the front yard; fences and walls may. be placed on or 'behind the property line. However, no fence or wall shall exceed four feet in height within the required front yard setback area. In residential districts, six feet shall be the maximum height in the front yard behind the required setback. See Figure 5 -1, Typical Residential Fence Location In commercial and industrial districts, eight feet shall be the maximum height in the front yard behind the required setback. .2. In the side yard and street side yard fences and walls may be placed on-'or behind the propert y line;. RE) feRGe OF wall shall eXGeed feur feet iR height within the side yai :d 6etbaGk apea from a stFe In residential districts, six feet shall be the maximum height, provided that no six foot street side yard fence shall extend past the front corner of the dwelling into the front yard or be located within the clearview triangle b°!' ? ^c' he reg4ir�eet See Figure 5 -1, Typical Residential Fence Location. In the commercial and industrial districts, eight feet shall be the maximum height 3. In the rear yard: fences and walls may be placed on'or.behind the property.line. In the residential districts six feet is the maximum fence or wall height'in the rear yard; provided, that when the rear yard abuts a designated arterial, the maximum height shall be eight feet. Eight feet is the maximum rear yard fence height in the commercial and industrial districts. 4. Within the clearview triangle: no fence, hedge or wall, exceeding 2.5 feet in height shall be placed in the clearview triangles established in YMC 15.05.040. 5. Fences over six feet in height: All'fences over six feet in height shall meet the provisions of the International Building Code. 6. ' Fence height in combination with a retaining wall: No combination of a fence and retaining. wall shall exceed a height of ten .feet, measured from the lower elevation, except, existing retaining walls at the time of the passage of this title will be allowed a three- and -one- half -foot fence above the retaining wall. 33 �J ROADWAY MWERL £ /F aEARNEWW MANQ£ It. .' P/a3KdVTf'&10E wry— HOUSE F ' 1 FRONT 7RUM SMACK .sae S7AY/C7LRE' 1 _ PROPSM lVi � Figure 5 -1 Typica /Residenira /Fence Location H. ' Access Required. All new development shall have a minimum of twenty feet of lot 0 frontage upon a public road or be served by an access easement at least twenty feet in width. The purpose of this standard is to provide for vehicular access to all new development; provided, the construction of .single - family and two - family dwellings on existing legally established lots is exempt from the requirements of this section. I. Recreational Screen. A recreational screen is a protective device for recreational purposes designed to keep recreational equipment within or outside of a designated area. Such. uses are typically associated with schools, parks, golf courses, swimming pools, ballfields, and playgrounds. The specific standard for screen height in Table 5 -1 does not apply to recreational screening as established by this title. The height and materials for screens will be evaluated by the administrative official based on the need, safety requirements, and relationship to residential and commercial properties and streets. J. Sidewalk Requirement. Sidewalks on one side of the street are required with new construction (except single - family structures). A sidewalk is required if one exists within two hundred feet of the development on the same side of the street. Replacement of existing sidewalk is required only if existing. sidewalk presents a safety hazard, except that for applications under the jurisdiction of the city of Yakima, the provisions of Title 12 of the Yakima Municipal Code shall prevail over the provisions of this section to the extent of any conflict between such provisions. K. Swimming Pools. Swimming pools are permitted as an accessory use to: dwellings, hotels /motels, boardinghouses, retirement homes, other residential uses, schools, and recreational facilities when all of the following provisions are met: 1. Setbacks. a. Front yard: The swimming pool, apron, and pumphouse meet the required front yard setback in Table 5 -1. b. Side and rear yard: The swimming pool and pumphouse are set back at least three feet from the property line. The swimming pool apron may extend up to the property line. 34 c. From an easement: The swimming pool, apron, and pumphouse "may extend up to, but shall not encroach upon, an easement. 2. Fencing. The area around the pool is enclosed by a protective fence not less than four feet in height. L. Development within the State Fair Park. The following structures may be developed, maintained, altered, expanded, or erected within the State Fair Park without further zoning review provided such development is consistent with YMC 15.04.200(C), Allowable Uses, SEPA mitigation where required, the development standards of this code and other construction permit requirements: 1. Administrative and operational offices. 2. Auditoriums, meeting and exhibit halls. 3. Bars and drinking facilities. 4. Campgrounds. 5. Caretaker and /or employee residential quarters. 6. Equestrian facilities. 7. Exposition structures. 8. Grandstand facilities. 9. Libraries and museums. 10. Livestock barns. 11: Motorized sports facilities. 12. Parking facilities. Section 7. Section 15.05.030 of the City of Yakima Municipal Code is hereby amended to read as follows .15.05.030 Creation of new lots— Subdivision requirements. A. Table of Subdivision Requirements. The provisions of this section and the requirements set forth in Table 5 -2 are hereby established for all subdivisions in the zoning districts indicated. In the case of conflict between the text and tables, the text shall govern. Additional subdivision requirements are established in YMC Title 14. B. Maximum Number of Dwelling Units Permitted Per Net Residential Acre. Maximum number of dwelling units permitted per net residential acre is used to-determine the maximum number of dwelling units permitted within a. single subdivision, short subdivision, mobile home park, multifamily development, or planned residential development. This standard is intended to: 1. Assure that residential densities in new subdivisions, multifamily developments, or planned residential developments are compatible with the existing or planned level of public services and the density of the zoning, district; 2. Permit the clustering of dwelling units (when clustering occurs, open space shall be provided in accordance with YMC 15.09.030); and 3. Permit a variety of residential dwelling types within a development. The following formula shall be used to determine the maximum number of dwelling units permitted for any particular subdivision, short subdivision, mobile home park, multifamily development or planned residential development: THE MAXIMUM NUMBER OF UNITS PERMITTED ON A SITE 7 (the total site area in acres) — (the area of streets, rights -of -way,. 'and access easements, in acres) X (the maximum number of dwelling units permitted per net residential acre). ®Any fraction of dwelling,. units shall be rounded up.to the next highest whole number. Once approved under the provisions of this title, no subdivision, resubdivision, or short subdivision W shall be further modified or divided in a manner that will raise the density of the subdivision beyond the maximum number of dwelling units permitted per net residential acre by Table 5 -2; provided, that development exceeding the maximum number of dwelling units per net residential acre may be allowed in the R -1 and R -2 districts as a Class (3) use in accordance with Table 4 -1. This higher- density development shall be allowed only on those limited occasions when, after Class (3) review, the hearing examiner finds that the location and site plan of the project is such that the higher density would be compatible with neighboring land uses and the level of public services, and is consistent with the goals and objectives in the Yakima urban area comprehensive plan. The application of this provision shall not prohibit the subdivision of land already developed with more dwelling units than would be permitted by this section when: 1. The lots created meet the lot size and lot width requirements established in Table 5 -2; 2. The existing structures meet the building area and setback requirements in Table 5 -1; and 3. No new dwelling units are built. C. Minimum Lot Size. Minimum lot size is the smallest lot size permitted in a particular zoning district when land is subdivided, short platted, resubdivided, or when lot lines are adjusted. No lot shall be created that is smaller than the applicable minimum lot size standard established in Table 5 -2. 1. In residential districts, this standard is intended to maintain the residential character of the area and will vary by dwelling type, the suitability of the land for development, and the type of water and sewer system. The following are the minimum lot size requirements in the residential districts, except when the Yakima health district determines that a larger area is necessary for the safe installation of approved water supply and sewage disposal systems: Situation Required Minimum Lot Size In the floodplain, airport, One acre (provided the minimum lot size of the underlying zoning and greenway overlay district shall apply, when, in the opinion of the reviewing official, the districts: lot has a buildable area outside the overlay, district and a plat restriction prohibits development on that portion of the lot within the overlay district). Individual water system and individual sewer system: One -half acre. Public or community water system and an individual sewer system: 14,500 square feet. Individual water system and the regional or an approved community sewer system: 9,600 square feet. Public or community water system and the regional or an approved community sewer system: See Table 5 -2. 2. The smaller lot size for zero lot line, attached, and multifamily dwellings does not permit an increase in the maximum number of dwelling units per net residential acre established in 36 • • subsection B of this section. Any lots created for zero lot line, attached, and multifamily dwellings shall be so designated on the face of the plat or short plat. 3. In the local business district, the minimum lot size is intended to maintain the.character of the district and provide adequate space for off - street parking and landscaping. 4. - The minimum lot sizes in the small and large convenience center districts and industrial districts are intended to accommodate the large uses permitted in these districts and maintain vacant land in relatively large parcels that can be easily assembled when development is proposed. D. Standard Lot Width. Standard lot width is the minimum lot width generally permitted in a particular zoning district. The intent of this standard is to prevent irregularly shaped lots along, and to control access to, rights -of -way. E. Concurrent Subdivision and Zoning Review Required. Any application for a long subdivision which proposes a use or configuration of land or improvements requiring Class (2) or (3) review under this title shall, at or prior to the filing of such application, also file an application for such review under this title. Such application shall be heard by the hearing examiner concurrently with the, subdivision application using the procedures for Class (3) review. 61 Table 5 -1 Design Requirements And Standards TABLE 5 -1 DESIGN REQUIREMENTS AND STANDARDS SITE DESIGN REQUIREMENTS ZONING DISTRICTS AND STANDARDS SR R1 R2 R3 HB B1 B2 SCC LCC CBD GC AS RD M1 M2 DEVELOPMENT ON EXISTING LOTS OR PARCELS See Sections 15.05.020 and 15.19.040 LOT COVERAGE'- 45% 50% 80% 85% 90% 100% Arterials 60 40 ()ID Y c j Q � FRON T Collector L rterials 2 50 45 37.50 30 69-ft . 2s-ft ocal Access Private Road Private Access Easement 34 10 SIDE ArterialS 50 40 C) c � Z CO C Collector Arterials? 40 3030-ft- 20 ft_ Local Access AA+nsr -Resat Assess-2 32.50 Private Road - 37 • • NOTES: 1. Landscaping may be required pursuant to YMC Ch. 15.06. 2. The setback is Mmeasured from the centerline of rights -of -way (or access easement, in the case of private roads). In the Residential districts, the minimum front yard setback OR the RP-SidtBRtial di6trint6 shall be 20 feet from the front property line and the minimum side yard setbacks in the Residential dictrioto shall be 10 feet from the side property line abutting the right -of -way. 3. — ht of way 9F an aGGe6s easement within the alignment of a n„hli„ street. The setback is mMeasured from the GeRtedine of the righ+_nf way ar easemeRt. When the right of way e)(Geeds 60 feet in width, ar in the Gase Of G611 de diStFiGtS -shall be 10 feet from the edge of the right of way nr easement. edge of the access easement. 4. Measured from abutting residential district. 5. Additional setbacks may be required to conform to site - screening requirements in YMC Chapter -Ch. 15.07. 6. The rear setback from arterials, collectors, and local access streets shall be the same as the front yard setback requirements from arterials, collectors, and local access streets, provided the required rear setbacks shall not be less than the required setbacks from the property line. (See also Note 3) 6.7. Zero lot line welling units are allowed a zero foot setback from one side property line not abutting a right -of -way. (See YMC Ch. 15.09). restriotinns may he imposed by the dmini tFative Offini-+l at the rern ie 4 of • the Airpert MaRaQeF, (See YIVIG Ch. 15.30, Abrwt Safety Overlay) cic�Jc o 38 Private Access Easement 341 Alley, or 5 0 Property Line -' 10 Residential 20-# 30 District' S 20 or 1/2 building height whichever is greatest Alley or Property Line 0 - REAR 15 45-#t s Residential 15 20 15 2-9-#t 30 District 39 ft` 20 or 1/2 building height whichever is greatest MAXIMUM BUILDING HEIGHT in 35 50 35 50 N/A 50 N/A feet STANDARD FENCE HEIGHT - See YMC 15.05.020(G) In Required Front STANDARD Setbacks Not Permitted SCREEN Behind Required Front HEIGHT Setbacks 15 In Required Side and Rear Yards • • NOTES: 1. Landscaping may be required pursuant to YMC Ch. 15.06. 2. The setback is Mmeasured from the centerline of rights -of -way (or access easement, in the case of private roads). In the Residential districts, the minimum front yard setback OR the RP-SidtBRtial di6trint6 shall be 20 feet from the front property line and the minimum side yard setbacks in the Residential dictrioto shall be 10 feet from the side property line abutting the right -of -way. 3. — ht of way 9F an aGGe6s easement within the alignment of a n„hli„ street. The setback is mMeasured from the GeRtedine of the righ+_nf way ar easemeRt. When the right of way e)(Geeds 60 feet in width, ar in the Gase Of G611 de diStFiGtS -shall be 10 feet from the edge of the right of way nr easement. edge of the access easement. 4. Measured from abutting residential district. 5. Additional setbacks may be required to conform to site - screening requirements in YMC Chapter -Ch. 15.07. 6. The rear setback from arterials, collectors, and local access streets shall be the same as the front yard setback requirements from arterials, collectors, and local access streets, provided the required rear setbacks shall not be less than the required setbacks from the property line. (See also Note 3) 6.7. Zero lot line welling units are allowed a zero foot setback from one side property line not abutting a right -of -way. (See YMC Ch. 15.09). restriotinns may he imposed by the dmini tFative Offini-+l at the rern ie 4 of • the Airpert MaRaQeF, (See YIVIG Ch. 15.30, Abrwt Safety Overlay) cic�Jc o 38 r� • • Table 5 -2 Subdivision Requirements Table 5 -2 Subdivision Requirements Subdivision Requirements Zoning Districts SR R1 R2 R3 HB4 B1 B2 SCC LCC CBD GC AS RD M1 M2 Maximum Number Of Dwelling Units Permitted Per Net See YMC Ch. 15.04, Table 4 -1 Residential Acre �I Detached S.F. Dwelling /D° 7,000., 6,000 (D a) r' S.F. Dwellings; Zero � c_> a) � �, (A U Lot Line (P° . S.F. Dwelling, cl) °ui v p 5,000 4,000 Not7,000 Where Permitted aa) »l �' a� w-- 2 Common Wall DWellinn (Der 1 Init) 0 J C 0 Z Two - Family Dwellings 8,000 7,000 E 0Z o w E Lp Multifamily Dwellings Density May Not Exceed Maximum Number Of p And PD - Residential Dwelling Units Permitted Per Net Residential Acre Permitted 'Nonresidential Uses(60 10,000 5,000 10,000 None '112 Acre ALL Except Common Standard Lot Wall Dwelling (Per 50 a 89 60 Width (Z) in Unit) 7560 None feet Common Wall Dwelling (Per Unit) 50 35 3NGt5 Where Permitted NOTES: 1. In the Residential Districts, these minimums apply when lots are served by a public or community water system and either the regional or approved community sewer system. 2. The lot width at the rear line of the required front yard shall not be less- than 50 feet. (Note: this provision only applies to those districts with a minimum lot width of 50 feet or larger.) Faust he nnntnined within the nreoe d AI Gel aT ev=ade rTl —Y YTCfITfl�l i Pneet,nn the minim , „v, Int ,enr7th •y 443. One acre shall be the minimum r lot size in Residential Districts within the Floodplain; and Gatewa)�-Greenway Overlays Xs#:iGts. 4. See Special Development Standards for Zero Lot line Development,_Se t YMC 15.09.040. 6S. Lots created for utility purposes may be created below the minimum lot size listed in YMC Ch. 15.05; Table 5 -2 as long as the lot is designated as "nonbuildable lot for utility purposes" on the face of the plat and the proposed loft is reviewed for compatibility; The lot must still meet the minimum lot width established in YMC Ch. 15.05 Table 5 -2 and structures built on the lot must still meat the setback requirements in YMC Ch 15 05 Table 5 -1. 39 Section 7. Section 15.06.040 of the City of Yakima Municipal Code is hereby amended to read as follows 15.06.040 Off - street parking standards. A. Table of Required Off - Street Parking. The parking standards in Table 6 -1, Table of Off - Street Parking Standards, are established as the parking standards for the uses indicated. These parking requirements are based on gross floor area. "Gross floor area" means the total square footage of all floors in a structure as measured from the interior surface of each exterior wall of the structure and including halls, lobbies, enclosed porches and fully enclosed recreation areas and balconies, but excluding stairways, elevator shafts, attic space, mechanical rooms, restrooms, uncovered steps and fire escapes, private garages, carports and off - street parking and loading spaces. Storage areas are included in gross floor area. However, the required off - street parking for storage areas shall be calculated at the rate of one space per five hundred square feet rather than the specific parking standard established in Table 6 -1; except, when the parking standard for the principal use would require fewer parking spaces (i.e., one space per six hundred square feet.) All required off - street parking shall be subject to the procedures of this title and the standards of this section. B. Uses Not Specified. Off - street parking requirements for uses not specifically listed in Table 6 -1 shall be determined by the reviewing official based upon the requirement for similar uses. C. Downtown Business District Exempt. The Downtown Business District of Yakima, as shown in Figure 6 -1 and- hereby adopted as a part of this chapter, shall be exempt from the provisions of this chapter as they relate to the number of parking spaces required, except that this exemption shall not apply to property that is used for residential purposes, and further provided that all the other requirements of this chapter shall apply to any parking provided by the applicant. RG upr- & 3. Do'd�+`�hP] awN ausiNF -s.,; FAjzKlw .l • • TABLE 6 -1 TABLE OF OFF - STREET PARKING STANDARDS LAND USE PARKING STANDARDS AGRICULTURE (COMMERCIAL) Agriculturally related industries 1 space for each employee based on the maximum working at any given shift; 1 space for each 300 square foot of gross floor area for packing and processing areas; or, 2 spaces for the first 1,000 sq. ff. of gross floor area, plus 1 space for each additional 5,000 sq. ft. for CA storage, warehouse, and refrigeration areas, whichever is deemed more appropriate by the reviewing official. AMUSEMENT AND RECREATION Game rooms, card rooms, electronic game rooms 1 space for each playing table, for every earl3 seats or eaGhe ery 3 machines, whichever is greater Horse racing tracks, speedways, grandstands 1 space for each 3 fixed seats or 54" of bench seating Bowling alleys 5 spaces for each lane Gymhasiums, exercise facilities 1 space for each 2400 sq. ft. of gross floor area Park (public or private) 10 spaces per acre for passive recreation; 20 spaces per field for active recreation 1 space for each 150 sq. ft. of skating surface area Roller and or ice skating rink Swimming pools 1 space for each 50 sq. ft. of water surface area Movie theatres 1 space for each 4 seats Golf Course 5 spaces per green and 1 space per 300 sq. ft. of gross floor area Golf Driving Range 1 space per tee or 1 space per 15 feet of driving line, whichever is greatest Audi oriums, exhibition halls, gGommunity cSenters, frate nal or anization 1 space for each 100 sq. ft. of gross floor area COMMUNITY SERVICES Churches, synagogues, temples, and funeral homes 1 space for each 3 fixed seats (or .54" of bench type seating) 1 space for each 40 sq. ft. of general reception /gathering area Convalescent, nursing and group homes 1 space for each 2 beds Slew & sebeF €faGility Fire and police stations 1 space for each 200 sq. ft. of gross floor area Halfway house (detention center) 1 space for each 2 beds 41 Hospital 1.5 spaces for each bed Schools: Primary, Elementary Junior, Senior 3 spaces for each classroom, or 1 space for each 3 seats (54" bench type seating) in the assembly area, whichever is greater Same as Primary/Elementary and 1 space for each 4 students over 16 yrs. Old Junior or community colleges 1 space for each 400 sq. ft. of gross floor area Juvenile detention centers 1.5 spaces for each bed Libraries 1 space for each 100 sq. ft. of gross floor area Museums, art galleries 1 space for each 1 00 sq. ft. of gross floor area Preschools, day -care centers 1 space.for each employee + 1 space for each 6 children Vocational and business schools 1 space for each 400 sq. ft. of gross floor area MANUFACTURING (MASS PRODUCTION) All uses listed under manufacturing in Table 4 -1 1 space for each employee per maximum shift RESIDENTIAL Accessory. Dwelling Unit 1 space Single- family dwelling 2 spaces Two - family dwellings 4 spaces Multifamily dwellings (10 units or less) 2 spaces per dwelling (more than 10 units) 11.5 spaces per dwelling Retirement homes 1 space for each dwelling unit Dla4e d Develop ents See Pla d Develep mien+ Qrrdinannc (YMG 1 5 2g) RETAIL TRADE AND SERVICES Addressing, mailing, and stenographic services 1 space for each 300 sq. ft. of gross floor area Advertising agencies 1 space for each 300 sq. ft. of gross floor area Automobile and truck, manufactured homes, travel trailer sales 1 space for each 500 sq. ft. of showroom and 1 space for each 1,000 sq. ft. of retail sales floor area Automotive: Automobile maintenance and service shops Car wash Car wash, self service Paint and body repair Specialized repair shops (battery, radiator, etc.) 2 spaces per service area including work bays 6 spaces per wash bay 1 space for each 1,000 sq. ft. of gross floor area 2.spaces per service area including work bays 2 spaces per service area including work bays t • � • Wrecking and dismantling yards 1 space for each 500 sq. ft. of gross floor area Beauty and barber shops 1 space for each 75 sq. ft. of gross floor area Bed and Breakfast Inn 1..1 spaces for each guest room Building and contractors 1 space for each 800 sq: ft. of gross floor area Coff4e restaurant /stand with or without drive-through 9 T. space for each 50 s ft. of gFes � fleer area p q public seating area, including outside seating and 1 space for each employee Drug stores 1 space for each 200 sq. ft. of gross floor area Employment agencies (private) 1 space for each 200 sq. ft. of gross floor area Es r sso /coffee stand with or without drive -thru 1 space for each 50 sq. ft. of gross floor area including outside seating and one space for each employee Farm supplies 1 space for each 800 sq. ft. of gross floor area Florist 1 space for each 500 sq. ft of gross floor area Financial institutions 1 space for each 200 sq. ft. of gross floor area Furniture, home furnishings, appliances 1 space for each 800 sq. ft. of gross floor area Gas station 1 space for each 300 sq. ft. of gross floor area Hardware store 1 space for each 300 sq. ft. of G.F.A. of structure & permanent outside display sales area Heating and plumbing equipment stores 1 space for each 400 sq. ft. of gross floor area Heavy equipment, tractor, and farm equipment repair 1 space for each 300 sq. ft. of gross floor area Home occupations See YMC 15.04.120(E)(1) Household appliance, small engine, TV and furniture repair 1 space for each 300 sq. ft. of gross floor area Insurance agents, brokers and service agencies 1 space for each 200 sq. ft. of gross floor area Liquor stores 1 space for each 300 sq. ft. of gross floor area Lumber yards 11 space for each 8400 sq. ft. of -gross floor area of structure and covered storage area Nursery 1 space for each. 400 sq. ft. of G.F.A. of structure & permanent outside display & sales area Medical and dental laboratories, offices, and clinics 1 space for each 200 sq. ft. of gross floor area Motels and hotels 1.2 spaces for each guest room Multiple use centers (3. or more uses with sharecill parking) 1 space for each 300 sq. ft. of gross floor area 43 — having less than 25,000 sq. ft. of gross floor area — having 25,001 - 400,000 sq. ft. of gross floor area . having 400,001 - 600,000 sq. ft. of gross floor area — having 600,001 + sq. ft. of gross floor area . 4 spaces for each 1,500 sq. ft. of gross floor area 5 spaces for each 2,250 sq. ft. of gross floor area 6 spaces for each 2,750 sq. ft. of gross floor area Paint, glass, and wallpaper stores 1 space for each 400 sq. ft. of gross floor area Professional office building for use by accountants, attorneys, etc. 1 space for each 200 sq. ft. of gross floor area Radio and TV studios, offices 1 space for each 300 sq. ft. of gross floor area Real estate offices 1 space for each 200 sq. ft. of gross floor area Residential mini - storage 1 space for each 300 sq. ft. of gross floor area of office space Rest urant cafe and drive -in eatinq facilities 1 space for each 50 sq. ft. of indoor public floor area, and 1 space for each 200 sq. ft. of outdoor public eating area Retail service establishments in Table 4 -1 but not listed in this table 1 space for each 300 sq. ft. of gross floor area Retail trade establishments in Table 4 -1 but not listed in this table —less than 25,000 sq. ft. of gross floor area — 25,001 - 400,000 sq. ft. of gross floor area --- 400,001- 600,000 sq. ft. of gross floor area — 600,001 + sq. ft. of gross floor area 1 space for each 300 sq. ft. of gross floor area 4 spaces for each 1,500 sq. ft. of gross floor area 5 spaces for each 2.250 sq. ft. of gross floor area 6 spaces for each 2,750 sq. ft. of gross floor area Service stations 2 spaces for working /service area, including bays Shoe repair and shoe shops 1 space for each 300 sq. ft. of gross floor area Taverns and bars, dine, drink, and dance establishments 1 space for each 75 sq. ft. of gross floor area Waste material processing and junk handling. 1 space. for each 500 sq. ft. of gross floor area TRANSPORTATION Bus terminals, storage and maintenance facilities 1 space for each 300 sq. ft. of gross floor area Air, rail and truck terminal 1 space for'each 300 sq. ft. of gross floor area Taxicab terminals, maintenance and dispatching centers 1 space for each 300 sq. ft. of gross floor area UTILITIES Utility services 11 space for each 800 sq. ft. of gross floor area • WHOLESALE TRADE Wholesale trade warehouses 1 space for each employee based on the maximum working at any given shift; or 1 space for each 300 square foot of gross floor area for packing and processing areas; 2 spaces for the first 1,000 sq. ft. of gross floor area, plus 1 space for each additional 5,000 sq. ft. for CA storage, warehouse, and refrigeration areas; whichever is deemed more appropriate by the reviewing official. Residential mini - storage ISee residential mini - storage under retail and service category How to Use Table 6 -1: 1. Calculate the gross floor area for the structure. (See YMC 15.06.040 to determine gross floor area). 2. Determine the amount of gross floor area used for storage rooms. 3. Required off - street parking for storage is one space per 500 square feet. 4. Find the proposed use in Table 6 -1 Example: — The gross floor area of the structure is 3,000 sq. ft. 1,000 sq. ft. of the structure is used for storage. The parking standard for storage rooms is one space per 500 sq. ft. (YMC 15.06.040). 1,000 + 500= 2 off - street parking spaces for the storage area. — The proposed use is a shoe shop. According to Table 6 -1, shoe shops require one off - street parking space for each 300 sq. ft. of gross floor area. 2,000 + 300= 6.6 or seven spaces since fractions of parking spaces are rounded up (YMC 15.06.050(6)). . — The total required off - street parking of this use is: 2 spaces (for storage area) + 7 spaces (for the rest of the gross area) = 9 spaces 45 • Section 8. Section 15.06.065 of the City of Yakima Municipal Code is hereby amended to read as follows 15.06.065 — Driveway Locations All proposed or modified driveway approaches shall be shown on a general and-or detailed site plan. The driveway locations shall conform to the following standards: A. No' driveway approach shall be so located as to create a hazard to pedestrians or motorists, or invite or compel illegal or unsafe traffic movements; B. No driveway approach on a Local Access Street may be located closer to the street intersection corner than 30 feet as measured from the property line at the corner; C. No driveway access to an Arterial Street shall be located within 75 feet (measured along the arterial) of any other such Arterial street access on the same side of the street; D. No driveway access shall be allowed to an Arterial Street within 75 feet of the nearest right - of -way line of an un- signalized street intersection; E. Internal driveways shall be paved and be a minimum of 12 -feet wide for one -way travel and 20 -feet wide for two -way travel, or wider if required by the International Fire Code F. Driveway access shall be limited in the vicinity of a signalized street intersection. No driveway shall be permitted within 100 feet of a signalized intersection, as measured from the right -of -way line. Any driveway within 200 feet of the rig ht- of- way.line of the intersection shall be restricted to right turns only; F— G. The construction of new driveway approaches from a public street or a modification of an existing driveway approach requires a construction permit pursuant to YMC Ch. 8.64 for the specifications of the driveway approach; F.H. Adjustments from this section may be approved if the modification is reasonable and necessary, and does not create an unsafe condition for motorists or pedestrians; and, H-. I. Existing driveways in violation of these standards at the time of .adoption will not be deemed non - conforming, but re- development of the property requires any new or modified driveway to be consistent with these standards. Section 9. Section 15.06.090 of the City of Yakima Municipal Code is hereby amended to read as follows 15.06.090 — Required Landscaping Of Parking Areas A. The standard for landscaping of parking and vehicle storage lots with five or more spaces shall be ten percent of the total parking area. This landscaping area may be included to satisfy the lot coverage (impermeable surface) requirements of Table 5 -1. B. The planting area standard where required shall be a minimum of twenty -four square feet with the exception of raised planter boxes.around buildings. C. A standard of one tree from an approved list shall be planted for every fifteen single -row parking stalls or every thirty double -row parking stalls within the parking lot. D. Landscaping s#a -MW consist of a combination of trees, shrubs, and groundcover with careful consideration to eventual size and spread, susceptibility to disease and pests, durability, and adaptability to existing soil and climatic conditions. E. Landscaping shall be located within the parking area such as in- between parking spaces or in parking `islands'; or around the perimeter of the parking lot F. Every parking area that abuts property in any residential district shall be separated from such property by a solid wall, view - obscuring fence, landscaped berm, or compact evergreen hedge at least six feet in height. The Administrative Official may increase the • height, depth, and content of said screening as necessary to adequately -- protect adjacent 46 ® single-family. residential development. The screening shall be provided and maintained along the property line of such lot. Section 10. Section 15.06.110 of the City of Yakima Municipal Code is hereby amended to read as follows 15.06.110 —Construction And Maintenance All off - street parking lots,, driveways, travel ways, parking aisles vehicle storage, and vehicle sales lots having a capacity of three (3) or more vehicles, shall be constructed in the following manner: A. Surfacing. Paved with two -inch thick asphaltic surfacing on an aggregate base, or an equivalent surfacing acceptable to the Administrative Official; so as-to eliminate dust or mud. Pervious asphalt or concrete materials are encouraged. B. Grading and Drainage. Graded and drained so all surface water is disposed of on -site. Grading and drainage facilities shall be designed according to accepted engineering standards and the Eastern Washington Stormwater Manual, which will require review by the City Engineer or a designee. C. Border Barricades. Any parking, vehicle storage, or motor vehicle sales area abutting the street property line shall provide a concrete curb at least six inches in height and located at least two feet from the street property line. The curb shall be securely anchored. No curb shall be required across any driveway or entrance to the parking area, or if the parking lot is separated from the street by a fence or hedge. D. Markings. All parking spaces (except motor vehicles sales areas shall be marked by durable painted lines at least four inches wide and extending the length of the stall or by curbs or other means approved by the Administrative Official to indicate individual parking stalls. Signs or markers located on the parking lot surface shall be used as-necessary to ensure safe and efficient use of the parking lot. In addition, when required all accessible parking spaces shall barrier -free paFki^,g will be marked and signed in compliance with the currently adopted International Building Code Cron Feq uiFe nts The owner or lessee of a required parking area shall maintain the paved surface, drainage facilities, landscaping, and irrigation facilities in conformance with the standards of this Chapter and the approved 'site plan. Section 11. Section 15.06.140 of the City of Yakima Municipal Code is hereby amended to read as follows 15.06.140 — Nonconforming Parking A_Any use which, on the effective date of this section or any amendments hereto, is nonconforming in terms of required off - street parking. facilities may continue in the same manner as if they were conforming; however, the, number of existing off - street parking spaces shall not be reduced. B. When an existing structure with nonconforming parking is expanded and additional parking is required, the additional parking spaces shall be provided in accordance with the provisions of this Chapter; however, the number of additional spaces shall be computed only to the extent of the enlargement, regardless of whether or not the number of previously existing spaces satisfies the requirements of this Chapter. C. When the use of an existing lot or structure with nonconforming parking is changed to another use, listed in Table 4 -1, the nonconformity shall cease and the new use shall • provide all the required off- street parking in accordance with the provisions of this Chapter. However_ this this requirement may be waived by the Administrative Official for existing 47 buildings and /or lots within the CBD or GC zoning districts containing insufficient area to provide parking, provided the following factors are taken into consideration: I . New use has similar parking requirements to the previously approved use: 2. The availability of on- street parking; 3. The availability of nearby off - street parking or other opportunities to conform to the parking standard such as a shared parking agreement; and 4. Location of the business in proximity to the downtown business district exempt area fYMC § 15.06.040(C)). Section 12. The table of contents of Chapter 15.06 is hereby modified and Section 15.06.150 of the City of Yakima Municipal Code is hereby removed to read as follows: Chapter 15.06 OFF - STREET PARKING AND LOADING Sections: 15.06.010 Purpose. 15.06.020 Off- street parking and loading spaces required. 15.06.030 General provisions. 15.06.040 Off - street parking standards. 15.06.050 Computation of required spaces. 15.06.060 Location of required spaces. 15.06.065 Driveway locations. 15.06.070 Schedule of minimum parking dimensions. 15.06.080 Site plan required. , 0 15.06.090 Required landscaping of parking areas. 15.06.100 Lighting of parking lots. 15.06.110 Construction and maintenance. 15.06.120 Time of completion. 15.06.130 Off- street loading space required. 11 5.06.140 Nonconforming parking. . Section 13. Chapter 15.09 of the City of Yakima Municipal Code is hereby amended to read as follows Chapter 15.09 SPECIAL DEVELOPMENT STANDARDS Sections: 15.09.010 Purpose. 15.09.020 Special development standards for the district overlays. 15.09.030 Common open space requirements. 15.09.040 Zero lot line development. 15.09.045 Accessory Dwelling Units 15.09.050 Performance standards — Emissions. 48 •15.09:060 motor fuel. .15.09.070 15.09.080 15.09.090 15.09.100 15.09.110 15.09.200 • r Special development standards for service stations and other retail uses selling Special requirements for animal husbandry. Special requirements for bed and breakfast inns. Special requirements for social card rooms. Private street review requirements. Reasonable accommodations process. Adult business. 15.09.010 — Purpose A. Purpose. The overlays are established to coordinate the provisions established in the zoning ordinance with more detailed policies and standards adopted in other plans and ordinances. Specific overlays have been established as follows: Overlay district Districts or programs Greenway Overlay Yakima River Regional Greenway Plan; Shoreline Master Program Floodplain Overlay Shoreline Master Program; National Flood , Insurance Program (flood hazard areas) Overlays established separately in this title Airport Safety Overlay (see YMC Yakima Air Terminal at McAllister Field; other_ Chapter 15.30) public airport with defined airspace. per FAR Part 77 Institutional Overlay (see YMC Large -scale institutional facilities with special Chapter 15.31) locational needs Master Planned Development Master planned development (residential,, Overlay (see YMC Chapter commercial, industrial or mixed -use 15.28) development) B. Application. The provisions of this Chapter shall apply when all or a portion of a development, or modification thereto, is proposed within the boundaries of an overlay. 15.09.020 — Special Development Standards For The District Overlays A. Project Review in an Overlay. In order to assure the appropriate standards are applied, all Class (1) uses in an overlay unless otherwise specified shall be subject to Type (2) review. (YMC Ch. 15.14) All Class (2) uses shall be subject to Type (2) review and Class (3) uses in an overlay district shall be subject to Type (3) review. The Administrative Official may condition or deny approval of any use, development, or modification thereto in an overlay based on the provisions set forth and adopted by this section. B. Special Development Standards in the Greenway Overlay. All development in the Greenway Overlay shall conform to the requirements and standards of the underlying zoning district and the policies and intent of the Yakima River Regional Greenway Plan. C. Special Development Standards in the Floodplain Overlay. All development in the Floodplain Overlay shall conform to the requirements and standards of the underlying zoning district, and the flood damage prevention ordinance adopted by the county /city. Development within .. shorelines jurisdiction or the floodplain shall also be consistent with the county or city shorelines master program and/or the flood damage prevention ordinance. D. Coordination with the Shorelines Master Program. If a proposed Class (2) or (3) use, nonconforming use expansion, or modification is proposed on property within the jurisdictional boundaries of the Yakima County Shoreline Master Program and is subject to permits thereof, then the proposed change shall not be subject to the procedural requirements, but shall be subject to all applicable standards. If a conflict exists between the standards of the shoreline master program and YMC Title 15, the more restrictive provisions shall apply. 15.09.030 — Common Open Space Requirements The following provisions shall apply whenever common open space is proposed by the developer,' or when required by an Administrative Official under Type (2) or (3) review as a condition of approval: A. Use. The common open space may be used for recreation; shoreline access; landscaping; land use, visual, or noise buffer; drainage control; or other uses approved by the reviewing official during project review. Uses authorized for the common open space shall be appropriate with the use, size and density of the proposed development and the natural features of the site. Common open space shall be improved for its intended use, but common open. space containing natural features may be left unimproved. All structures and improvements permitted in the common open space must be appropriate with the authorized use and natural features of the common open space. Common open space may be used only for those uses specified in the approved final site plan. B. Location. The location, shape, size, and character of the open space shall be suitable for the type of project. Generally, common open space shall be: 1. Located next to other open space areas; 2. Located so that it buffers the proposed. development from neighboring developments; or, 3. Located to provide access to .recreation facilities or link recreational facilities with sidewalks or paths. C. Retention and Maintenance. The final site plan shall include a provision. approved by the reviewing official assuring the permanent retention and maintenance of the common open space. Such assurance may be in the form of restrictive covenants, dedication of open space to the public where such dedication will be accepted by the legislative body, a homeowner's association, or any other method approved by the Administrative Official. All legal documents to carry out this requirement shall be approved by the jurisdiction's legal authority.. The document shall contain a provision vesting the county /city with the right to enforce the permanent retention and maintenance of the common open space and provide that in. the event that common open space is permitted to deteriorate, or is not maintained in a condition consistent with the approved plan and program, the county /city may at its option cause necessary maintenance to be performed and assess the costs thereof to the owners of the property within the project. A document shall also provide for the collection of such costs by lien and /or direct civil action. 15.09.040 — Zero Lot Line Development A. Purpose. Zero lot line development for single - family dwellings may be permitted in order to: promote efficient land use; permit a more energy efficient arrangement of structures, protect environmentally sensitive areas, or provide more usable private or community open space. B. Review Required. Zero lot line development in subdivisions and short subdivisions approved after the effective date of this ordinance may be approved by a Type (2) review. Zero lot line development may also be approved on lots created before. the effective .date by a Type (3) review. A site plan meeting_ the requirements of YMC 15.11.040 or, as applicable YMC 15.11.050, shall be prepared for all zero lot line development. C. Development Standards. All zero lot line developments shall comply with the standards of Table 5 -1, and 5 -2,, the provisions and the following requirements; provided, that where the standards included . herein conflict with the standards established in other sections, the standards herein shall apply: 50 • 1. Dwelling Unit.Setbacks: a. Interior Side Yard Setback Standard. The dwelling, unit may be placed on one interior side property line (a zero setback). The setback standard from the other side property line shall be ten feet. No structures except for patios; pools, fences, walls, and other similar elements are permitted within the required setback area. b. Rear Yard Setback Standard. The rear yard setback standard is ten feet. c. Front and Street -side Setback Standards. Front and street -side setback standards shall be those shown on Table 5 -1. 2. Accessory Building Setback. Accessory buildings and structures shall observe the setback requirements. for the main dwelling unit. 3. Maximum Lot Coverage. The total lot coverage on a lot shall not exceed . the district requirements established in Table 5-1. 4. Platting Requirements. Each dwelling shall be located on its own individual platted lot. The plat shall show the zero lot lines and the related easements. 5. Openings Prohibited on the Zero Lot Line Side. In order to maintain privacy, there shall be no windows, doors,' air conditioning units, or any other type of openings in the wall along the zero lot line, except when such a wall abuts permanent open spaces or a public or private right -of- way. 6. Maintenance and Drainage Easements. A perpetual maintenance, eave overhang, and drainage easement at least five feet wide shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and /or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title on the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. Eaves, but no other part of •any structure, may protrude across a _side lot line, and such protrusion shall not exceed 18 ". Water runoff from the dwelling placed on the lot is limited to the easement area. 7. Common Open Space and Maintenance Facilities. Any common open space provided shall comply with YMC 15.09.030. 15.09.045. —Accessory Dwellinq units A. Purpose. The purpose of the accessory dwelling unit (ADU) provisions are to: 1. Provide homeowners with an opportunity for extra income companionship and security; 2. Better utilize existing infrastructure and community resources (sewer, water, roads etc); 3. Provide a housing type that allows flexibility to respond to changing needs and lifestyles; 4. Add to the supply of-affordable dwelling units and, 5. Protect neighborhood character and stability by ensuring that ADU s are compatible with surrounding land uses. B. Requirements. An accessory dwelling unit is a permitted Class (3) use secondary to the primary use of a- detached single - family dwelling subiect to all of the following conditions: 1. The accessory dwelling unit may be attached to the primary residence: or attached to or above a detached garage: 2..The front entrance to the ADU . shall not be visible from a right -of -way or access easement. 3. Paved off - street parking shall be provided as required in YMC Ch 15.06 for both the ADU and the primary residence separately, located on the lot* they are intended to serve. 4. The ADU's floor area shall be comprised of not more than fifty percent of the floor area of the primary dwelling unit or 800 square feet, whichever is less For example a Primary detached dwelling unit 2,800 square feet in size would be limited to 800 square feet. A primary structure 7 000 square feet in size would be limited to 500 square feet 51 5. The ADU's exterior walls shall be designed so as to be similar in style color, and t building materials to the primary detached dwelling. 6. The ADU shall have the same building setbacks as the primary structure. 7. A parcel /lot shall contain no more than one single- family residence and one ADU. 8. ADUs shall not be allowed on parcels containing a duplex or multi - family dwelling or a commercial or industrial structure /use. 9. ADUs shall only be permitted on parcels /lots one - quarter acre in size or larger. 10. The primary residence and the ADU shall both be connected to public sewer and water. a. If the ADU is attached to the primary dwelling unit the two dwelling units shall share a single sewer and water connection. b." If the ADU is attached to or located above a detached garage each unit shall have .its own sewer and water connection, with required meters. 11. A lot containing an ADU shall not be subdivided or otherwise segregated in ownership in a way that separates the ADU and the primary dwelling unit on different lots. 12. A home occupation may be allowed subiect to YMC 15.04.120 in either the ADU or the primary unit, but not both. 13. The site plan for the construction or conversion of an ADU shall indicate the ADU 14. Any exterior stairs shall be placed in the rear or side yard 15. A deed restriction signed by the property owner and the City, shall be recorded with the Yakima County Auditor's office providing notice to potential buyers of the ADU restrictions. C. Enforcement. The City retains the right with reasonable notice to inspect the ADU for compliance with the provisions of this section. D. -Elimination. The City retains the right with reasonable notice to withdraw occupancy approval if any of the requirements under subsection (B) are violated. In the -event the City withdraws occupancy, the property owner may: 1. if attached merge the existing ADU to the single- family dwelling; or, 2. If detached, use the buildinq for storage only or remove the structure from the premises 15.09.050 – Performance Standards — Emissions A. Purpose and Application. The purpose of this section is to provide guidelines and general standards governing emissions and miscellaneous items covered• herein for use in evaluating the impact of proposed developments and uses, or changes or alterations thereto, being considered under the terms. A reviewing official, including those engaged in Type (1) review or administrative modification review may impose reasonable conditions, or in appropriate instances deny proposed developments based on the standards and guidelines set forth in this section in order to assure that permitted uses do not generate gases, fumes, heat, glare, vibrations, or store solid waste in a manner inconsistent with the intent of the district and /or incompatible with surrounding uses. B. Gases, Fumes and Vapors. The emission of any gases, fumes, or vapors dangerous to human health, animal life, vegetation, or property is prohibited. C. Heat. No use shall produce heat significantly perceptible beyond its lot lines. D. Glare. No use shall produce a strong dazzling light, or reflection of a strong dazzling light, beyond its lot lines. E. Vibrations. No use shall cause vibrations or concussions detectible beyond its lot lines without the aid of instruments, except for vibration resulting from construction activity. F. Storage and Waste Disposal. All materials and waste which might cause fumes or dust constitute a fire hazard, produce offensive odors, or which may be edible or otherwise attractive to rodents or insects shall be stored in closed containers and in a manner to eliminate or prevent such hazards. 15.09.060 – Special Development Standards For Service Stations And Other Retail Uses 52 Selling Motor Fuel A. Purpose. The purpose of this section is to establish special site design standards for new service stations-and other retail uses supplying motor fuel. These standards are intended to assure that these. uses are compatible with adjoining residential districts and the character of the district in which they are located. . B. Fifty -foot Setback from Residential Districts Required. Each pump island shall be setback at least 50 feet from the zoning district boundary of all adjoining 'residential districts. Other permitted structures shall comply with the setback provisions established in Table 5 -1. C. Storage and Display of Vehicles Prohibited. No area of any service station or other retail use selling gasoline shall be used for the storage, display, and sale or leasing of any new or used vehicle. 15.09.070 — Special Requirements For Animal Husbandry A. Purpose. The purpose of this section is to assure that the raising of domesticated farm animals within the urban area is compatible with adjoining residential uses and the intent and character of the district they are located in. B. Minimum Lot Size. The minimum lot size for animal husbandry within the Yakima urban area is one -half acre. A lot at least.one -half acre in size shall be deemed to meet this requirement even though a portion of the lot may be used for a single - family dwelling. C. Project Review. Animal husbandry operations, which would create noise and odors attract insects or rodents or are otherwise incompatible with surrounding.-residential uses or the intent of the zoning district, may be conditioned or denied by the reviewing official in accordance with the provisions of this section and YMC 15.09.070. D. Minimum Setback. No portion of any structure used to house a domesticated farm animal shall be within one hundred.feet of any residence other than the dwelling. on the same lot. E. Maximum Number of Animals. The maximum number of animals that may be kept on the site at any time of the year shall be the number of animals that can be sustained by the pasture on which they are kept as their primary source of food, except during the winter months. The burden of proving that the pasture can sustain the number of animals in question shall be on the applicant:_ F. Fencing. Fencing adequate to contain the animals shall be provided and maintained. 15.09.080 — Special Requirements For Bed And Breakfast Inns Bed and breakfast inns shall meet all applicable health, fire, safety, and building codes. Any reception. hall or meeting room shall be restricted to serve no more than the total number of tenants, unless otherwise specifically authorized. In addition, bed and breakfast inns shall be subject to the following requirements, except in those zoning districts where motels_ and hotels are Class 1, 2, or 3 uses: A. Home occupation bed and breakfast inns shall.be operated so as not to give the appearance of being a business and the inn shall not infringe upon the rights of neighboring residents to peaceful occupancy of their homes. Minimal outward modifications of the structure or grounds may be made only if such changes are compatible with.the character of the neighborhood. B. Meals shall only be served to guests, even if required to be licensed -as a restaurant under state regulations, except as otherwise permitted in this Title. C. The number of guest rooms shall not be increased through any exterior modifications or additions to the home occupation bed. and breakfast. D. The front yard area shall not be used for off - street parking for bed and breakfast guests unless the parking area is screened and found .to be compatible with the neighborhood or unless waived by the reviewing official. E. One non- illuminated or externally illuminated sign not exceeding the maximum size allowed within the applicable zoning district, and bearing only the name of the inn and /or operator shall be ..permitted. F. The Administrative Official may authorize use of the bed and breakfast inn for receptions, group meetings and special gatherings based upon the size of the inn, availability of adequate 53 off - street parking spaces, public health considerations, and compatibility with the surrounding neighborhood. G. No more than five lodging or guest rooms shall be allowed for home occupations. 15.09.090 — Special Requirements For Social Card Rooms No social card room shall be permitted within five hundred feet of any public school, private school (meeting the requirements for private schools under Title 28A RCW), church or park, as measured according to RCW 66.24.010(9), or as the same may be hereafter amended. 15.09.100 — Private Street Review Requirements Private Roads - General Requirements. Private streets serving three lots, housing units or more may be approved as an element of a Master Planned Development Overlay (YMC Ch. 15.28), a Mobile Home/ Manufactured Park (YMC 15.04.150), a Condominium or within a Binding Site Plan in conformance with Subdivision requirements. A. Any private road that is located in a private street subdivision shall be constructed to the minimum standard of the appropriate jurisdiction and shall be permanently retained and maintained as a private road. B. Private roads are. the responsibility of the landowners to construct and maintain in accordance with YMC Ch. 15.09 and shall be specified in a homeowner's association, development agreement or other C. Names for private roads shall be approved by City or County Planning Departments. D. Private roadway signs with street name designations shall be provided by and maintained by' the developer or homeowner's association and shall be located at the intersections of private roads. Such signs shall meet the specifications set forth by the respective governing body. EA gate may be installed at the entrance to a private street, provided there is a minimum of 50 feet between the public street and the gate and the width of each travel aisle is 24 feet. F. A private gate shall not obstruct emergency, public service, or utility vehicles access. G. Private roads and the entire easement or right -of -way width shall be open and available for use by emergency, public service, and utility vehicles. H. The face of any plat, short plat, Master Development Plan, Binding site plan, or condominium document containing a private road, and all subsequent documents transferring ownership of lots within such plat or short plat, shall bear the following language: "The City of Yakima, has no responsibility to build, improve, maintain or otherwise service any private road for this plat/short plat. Any right -of -way dedicated to the public by this plat /short plat shall not be opened as a City (or County) street until such time as it is improved to city (or County) street standards and accepted as part of the City (or County) transportation system." I. The placement of utilities shall be coordinated as much as possible with the placement of private roads and public rights -of -way. J. Utility easements having a minimum width of eight feet shall serve each interior lot. Utility easements shall be located outside private access easements and dedicated road rights-'of-way unless approved otherwise by the City /County Engineer. 15.09.110 — Reasonable Accommodations Process A. Purpose. This Chapter has been enacted to authorize the Director Of Community & Economic Development or his designee to waive or vary provisions of the Code when necessary to reasonably accommodate the statutory rights of the disabled under the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA) or the Washington Law Against Discrimination (WLAD). This process shall be interpreted and administered in order to ensure the full exercise and enjoyment of a disabled person's _right to the residential housing of his /her choosing. The provisions of this Chapter shall apply to commercial and may apply to some residential activities or zones;, provided that nothing herein shall be interpreted to limit the exercise of a disabled ,person's rights by or through a residential care provider. In the event of any conflict or if an interpretation of this Chapter is required, it shall be implemented and interpreted in accordance with the provisions of the Americans with Disabilities Act, the Fair Housing Act and the Washington Law Against Discrimination. 54 ® B. Reasonable Accommodations. 1. Upon the application of a disabled person or individual or entity providing services to the disabled in a residential facility or other group living arrangement, the Director Of Community .& Economic Development or his designee is. hereby authorized to vary, modify, or waive the provisions of the Yakima Municipal Code; including the provisions of YMC Titles 10, 11 and 15, in order to provide a reasonable accommodation as necessary to provide to a disabled person's or care provider to the disable's full enjoyment of a residence. 2. The City's duty to accommodate is an affirmative one, and the Director Of Community & Economic Development is thereby authorized to provide accommodations in a thoughtful and proactive manner. .3. The following review may, at the Director Of Community & Economic Development's discretion, include citizen input into the administrative process. The Director Of Community & Economic Development shall provide written notice of the accommodation to the applicant and property owners within five hundred feet of the subject site. 4. When applying this reasonable accommodation process to the Yakima Municipal Code, including the State Building Code and other codes adopted pursuant to Yakima Municipal Code, the staff shall avoid the stereotypical assumptions regarding the disabled and shall attempt to ascertain the actual physical and /or mental limitation of the disabled individual in order to craft an accommodation which best suits the exercise of that individual's rights. C. Waiver Of Building Code Requirements. No reasonable accommodation shall be provided by a waiver or variance of the provisions of the codes adopted pursuant to YMC Titles 10, 11 and 15, which does not substantially accomplish the purposes of those Titles or which would reduce the fire safety of any structure. Modifications, waivers, or variances of the provisions of International Building Code, International Fire Code, and other codes adopted pursuant to YMC Titles 10 and 11 shall provide at least the same level of safety required by the respective Washington State Code. The applicant shall have the burden of establishing that the proposed modification, waiver, or variance accomplishes substantially. the same purpose without reduction of fire safety. D. Accommodations Personal To The Applicant. The accommodation provided shall be personal to the applicant and shall not run with the land; provided that a change in a residential structure necessary to accommodate the operation of a residential care provider to the disabled may be continued -by future operations of similar facilities at the site who established the same use within six months of the. date the prior use by the disabled- person . or residential care .provider ceases. The Director Of Community & Economic Development may direct that any. physical change in the structure which would otherwise be illegal under the use or bulk requirements of the YMC Title 15, Yakima Urban Area Zoning Ordinance be brought into compliance six months after the date of sale or transfer of a residential structure to a person or entity not qualifying for the protections of the ADA, FHA, and WLAD. E. Appeal. Interested persons, that are persons located within five hundred feet of the building site, may appeal the reasonable accommodation by filing a petition for review with Yakima County Superior Court within ten days of the date of mailing of the notice of decision. 15.09.200 — Adult Business A. Purpose: All adult business uses shall comply with the requirements of this Section. The purpose and intent of requiring standards for adult business uses is to mitigate the adverse secondary. effects caused by such facilities and to maintain compatibility with other land uses and services. In furtherance of this purpose, this Section is intended to regulate the location of adult entertainment and commercial enterprises in order to promote the health, safety and welfare of all citizens and in order to preserve and protect the quality of life in and around all neighborhoods through effective land use planning and reasonable regulation in light of the ®findings set forth, herein and the facts and evidence contained in the legislative record. The standards established in this Section shall apply to all adult business -uses. Adult business uses are recognized as. having objectionable operational characteristics, particularly when they 55 are aggregated in one area. Since these uses have a harmful effect upon adjacent uses, and residential and commercial uses in particular, special regulation of adult business uses is necessary to avoid adverse effects arising from adult businesses so they will not contribute to the blighting or downgrading of the surrounding neighborhood. It is the intent of this Section to allow these uses to exist in a dispersed manner within specific zoning districts. The standards established in this Section shall not be construed to restrict or prohibit the following activities or products: plays, operas, musicals, or other dramatic works; classes, seminars or lectures for educational or scientific purposes; nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities; nudity within a hospital, clinic or other similar medical facility for health - related purposes; and all movies and videos that are rated G, PG, PG -13, R and NC -17 by the Motion Picture Association of America. B. Special Definitions Specific to this Section. For the purpose of this Section, the following :words and phrases shall have the following meanings: 1. - Adult .ArcadeNiewing Booth means any booth, cubicle, stall, or, compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting adult media for observation by patrons therein. This definition does not apply to a theatre, movie house, playhouse, or a room or enclosure or portion thereof that contains more.than 600 square feet. Those greater than 600 square feet shall be considered an Adult Motion Picture Theater. 2. Adult Business Uses means any uses on premises to which the adult public, patrons or members are invited or admitted or wherein- any employee or other person provides, exhibits or performs adult entertainment or operates an adult commercial establishment, to or for a member. of the adult public, a patron or a member, and specifically includes the list below. a. Adult commercial establishments; b. Adult motion picture theatres; C. Adult arcades / viewing booths; d. Adult cabarets, dance halls and dance studios. Also refer to specific prohibited uses identified in Section 15.09.200(E). 3. Adult Cabaret/Dance hall, or Dance Studio means a building or portion of a building regularly featuring dancing or other live adult entertainment if the dancing or entertainment provided is distinguished or characterized by an emphasis on the exhibiting of specified sexual activities or specified anatomical areas for observation by patrons therein (YMC Chapter 5.30). 4. Adult Commercial Establishment means any premises on or where adult media or sexually oriented toys or novelties are the majority of articles or items for sale and /or. rent. Majority shall be determined to exist when forty percent (40 %) or more of the establishment's gross public floor area is devoted to adult media or sexually oriented toys or 'novelties. Commercial establishments where the sale and /or rent of adult media or sexually oriented toys or novelties do not account for forty percent (40 %) or more of the establishment's gross public floor area shall adhere to the standards set forth in section 15.09.200(C)(2). 5. Adult Entertainment means any exhibition or dance of any type, pantomime, modeling or any other performance, including motion pictures, which involves the exposure to view any specified anatomical areas or involves any specified sexual activities. 6. Adult Media means magazines, books, videotapes, movies, slides, cd -roms or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities. 7. Adult Motion Picture Theatre means an establishment emphasizing or predominantly showing movies that exhibit specified sexual activities 8. Body Studio means any premises, other than a licensed massage parlor, reducing salon, health spa or public bath house, upon which is furnished, or which is offered to be furnished, for a fee or charge or other like consideration, the opportunity or act of painting, 56 • massaging, feeling, handling or touching the unclothed body or any unclothed portion of the body of another person, or to observe, view or photograph any such activity. 9. Church See definition in YMC § 15.02.020 10. Escort and Introductory Service means services provided with the intent.to perform prohibited specified sexual activities, specified sexual exhibitions or other activities prohibited in this Section. 11. Massage Parlor means a commercial establishment in which massage or other touching of the human body.is provided for a fee and which excludes any person.by virtue of age or sex from all or any portion of the premises in which such service is provided. 12. Media means anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or-pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes, but is not limited to, books, newspapers, magazines, movies, videos, sound recordings, cd -roms, other magnetic media, and undeveloped pictures. 13. Park See definition.. in YMC § 15.02.020 14. Residential Zoning District. means the Suburban Residential (SR); Single - Family . Residential (R -1); Two - Family Residential (R -2); and Multi - Family Residential (R -3) zoning districts as defined in YMC Ch.. 15.03. 15: School See definition in YMC § 15.02.020 16. Sexually Oriented Toys or Novelties means instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for fuse to simulate human genital organs. 17. Specified Anatomical Areas means .(1) Less than completely and opaquely covered: human genitals, pubic region,. buttock, and female breast below a point immediately above the ®top of the areola; and (2) human male genitals in a discernibly turgid state, even if completely and opaquely. covered. 18. Specified Sexual Activities means human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy,. or fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. 19. Specified Sexual Exhibitions means any exhibition, performance or dance which is . intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This includes, but is not limited. to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing. C. Permitted Uses. Adult business uses shall be permitted subject to the following conditions: 1.. Adult business uses shall be considered Class (2) uses, requiring Type (2) review, in and only in the CBD (Central Business District), GC (General Commercial) zoning districts; and as a Class (3) use, requiring Type (3) review, in and only in the M -1 (Light Industrial) zoning district when applicable development standards, of this Section are met: 2. Commercial uses approved for zoning requirements of Chapter 15.04 through 15.08 that sell and /or rent adult media or sexually oriented toys or novelties, but for which that portion of the establishment's gross public floor area devoted to the sale or rent of adult media or sexually oriented toys or novelties accounts for less than forty percent (40 %) of gross public floor area -of the commercial use shall: a. Restrict persons under the age of eighteen (18) from purchasing and /or renting the adult items; and, b. Contain those adult items in a separate area appropriately sited and signed to restrict access to people under the age of eighteen (18), or behind a counter. 57 D. Development Standards. The following standards shall apply to proposed adult business uses, permitted under this Section: 1. Adult business uses shall adhere to the following standards: a. Separation Standards 1. The parcel that contains the adult business use, and the signs relating to the use, shall not be located within five hundred (500) feet of any of the following preexisting uses or previously established districts: a. The outside boundary of any parcel that contains a public school, private school or day care facility; b. The outside boundary of any parcel that contains a church or other house of worship; C. The outside boundary of an existing public park; d. The outside boundary of any parcel that contains a public library; and, e. A residential zoning district. 2. The parcel that contains an adult entertainment use shall not be located within fifteen hundred (1500) feet of a parcel supporting a similar adult entertainment use as defined in this Section, whether such similar use is located within or outside the City limits 3. The general sitescreening requirements of YMC Ch. 15.07 shall apply: 4. The separation requirements stated in D(1)(a)(1) (a) through (e) and D(1)(a)(2), above, shall be measured by extending a straight line from the nearest point on the property line of the parcel containing the proposed adult entertainment use to the nearest point on the property line of the parcel containing the other adult entertainment use, school, daycare, church, public park, or public library. b. Licensing. In addition to Type (2) or Type (3) review required under C(1), above, all adult business uses, with the exception of adult commercial establishments, shall be subject to the licensing requirements of YMC Chapter 5.30. c. Hours of operation. Any adult business use, as defined in this Section, shall not conduct or operate any business or commercial function on or around their premises between the hours of two a.m. and eight -thirty a.m. of the same day. d. Signage. Signage of adult business uses, as defined in this Section, shall comply with the provisions of YMC Ch. 15.08, Signs, together with the following specific conditions: 1. Each adult business use shall be allowed one (1) on- premise sign which shall be limited to displaying: the name of the establishment, the street address, the days and hours of operation, restrictions on the age of persons that may be admitted to the building and the non- specific identification of the NATURE of the stock -in -trade 'or entertainment offered therein (e.g. "Adult Toys ", "Adult Books "). Nowhere on the signage or on the building visible to outside passersby shall appear any verbiage, insignias, pictures, drawings or other descriptions suggestive of sexual acts or actions, or which represent the sexually oriented material and /or performances of the adult entertainment use. 2. In accordance with § 5.30.040(5), adult entertainment establishments shall conspicuously post a readable sign at or near each public entrance which clearly states, and is printed in letters at least one -inch tall: "THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF YAKIMA ". This sign shall not, for purposes of administration of this Section, limit the allowed use from having one (1) on- premise sign as indicated in § 15.09.200(D)(1)(d). Adult commercial establishments do not need to comply with this standard. e. Parking. The parking standards in YMC Ch. 15.06 shall apply to all off - street parking for uses under this Section. f. Design Standards. Adult Business Uses shall conform to the following' design standards: 1. Buildings, fences, or other structures which.are visible from any public right -of -way shall be of a neutral coloring and design scheme, similar to surrounding commercial facilities. 58 2. All windows, entries, and other openings shall be screened and /or covered in such a way, that no business activity associated with adult entertainment uses, other than approved outside signage, shall otherwise be visible from any public right -of -way or other public space. E. Prohibited Uses. Adult uses not included in the definition of "adult business uses" pursuant to YMC 15.09.200(B)(5), are prohibited. Prohibited activities include, but are not limited to, massage parlors, escort and introductory services, body studios and specified sexual activities and exhibitions not, specifically allowed under the definition of "adult business uses ". F. Nonconforming Uses. Any Adult Business Use, Specified Sexual Activity /Exhibition legally in operation on the effective date of this Section, shall. be permitted to continue, provided that all adult business development standards set forth in this section, with the exception of the separation standards from 15.09.200(D), are complied with. Any Adult Business use pre- existing upon the effective date of this section meeting all development standards, except said separation standards, shall not be considered nonconforming and shall be allowed to remain as a legally established business. The existing business which operates 24 -hours per day shall be allowed to continue. Provided, that any application for expansion; addition or relocation, after the effective date of this section, shall be subject to the review requirements of this. section. A protected use specified in YMC 15.09.200(D)(1)(a)(1)(a) through (e) shall not benefit from the separation requirements of this Section if the protected use chooses to locate within five hundred (500) feet of a lawfully located and licensed adult business use after the effective date of this ordinance. An adult business facility is lawfully located if it has located within the City in accordance with the requirements of this Section." Section 14. Section 15.17.020 of the City of Yakima Municipal Code is hereby • amended. to read as follows • 15.17.020 — Modification To Permitted Development And Uses Regulated All modifications to existing or approved Class (1) Uses or development shall be reviewed as a Class (1) Use rather than under these modification provisions. Minor changes to existing or approved Class (2) or (3) .Uses or development may qualify for abbreviated review under the provisions in this Chapter, if they meet the criteria listed below, or may apply directly for review as a Class (2) or (3) Use or development. Overlay districts shall not increase the level of review for the provisions of this Chapter. Modifications not meeting the criteria below must apply directly for review as a Class (2) or (3) use or development. A. The Modification will not increase residential density; B. The Modification will not increase the amount of parking by more than ten percent (10 %) or twenty (20) spaces (whichever is least), except that the amount of parking for controlled atmosphere and cold storage warehouses may be increased by up to twenty (20) spaces. This limit shall be calculated cumulatively for all previous Modifications since the last normal review; C. Any expansion of use area or structure will not exceed 2950% of the gross floor area. This limit shall be calculated cumulatively for all .previous Modifications since the last normal review, D. The Modification will not increase the height of any structure; E. ARy demelition of structwFes wil;— n�xseed 20,04 of the GUrrent area This limit shall be calculated cumulatively for all previous Modifications since the last normal review; F. The Modification will not add a Drive -Thru Facility; and, F—G. The Modification does not include Hazardous Materials. 59 Section 15. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 23`d day of March, 2010. ATTEST: City Clerk Publication Date: Effective Date: Micah Cawley, Mayor •1 • �J MEMORANDUM DATE. March 22, 2010 TO- Board of Yakima County Commissioners FROM. Steven M. Erickson, Planning Division Director SUBJECT 2010 RPC Amendments to the Yakima Urban Area Zoning Ordinance Background The Yakima Urban Area Zoning Ordinance (UAZO), codified by the City as YMC Title 15 and by Yakima County as YCC Title 15A, was adopted in 1986 to implement the Yakima Urban Area Comprehensive Plan and to establish common zoning standards throughout the urban area. The UAZO was jointly developed and since adoption its text has remained virtually identical until 1998 when the City and County legislative bodies adopted different Nonconforming Use Chapters (15 19) In 2008 a set of zoning amendments was brought forward to implement the updated Urban Area Comprehensive Plan maps, goals and policies, to establish workable Master Planned Development and Institutional Overlays to provide greater certainty and flexibility for the development industry, major institutions and surrounding neighborhoods inside and out of the city limits and to improve the clarity of the UAZO through selected "code scrubs" The City Council adopted the amendments at a joint hearing with the Board of Commissioners held on August 19, 2008. As noted in my August 18, 2008 Memorandum to the Board (included as part of your highlighted UAZO notebook), County staff concurred with most of the RPC recommended amendments but raised questions about several of the changes itemized in that memo. Subsequently, following adoption of the amendment package by the Council in 2008, City staff advised us of changes that were needed to correct some problems, County staff did not ask the Board to complete action on the 2008 text amendments until those issues were identified, knowing that the City would advance another round of amendments would be advanced in 2009 Those deferred 2008 text amendments identified in blue text and are not under consideration at the March 23 "' hearing except to the extent that the current 2009 /2010) set of amendments recommended by the Regional Planning Commission identified in red text are intended to amend the 2008 text changes enacted by the City As in 2008, County staff has some specific recommendations for the Board to consider in its version of the UAZO Those are itemized on page 2 of this memo Recommendation The Yakima County Planning Division recommendation to the Board is as follows: 1 Consider the testimony received at the March 23 "'hearmg on the RPC draft UAZO and 2. Review staffs suggestions for the YCC Title 15A version of the UAZO text amendments that differ from the YMC Title 15 version as noted below 3 Deliberate with the City Council at the close of the hearing on the testimony received, the RPC recommendation and the differences between YCC and YMC versions of the UAZO 4 Direct the County Planning Division to develop an ordinance a final set of amendments to YCC Title 15A text and maps for your consideration at a final public hearing, either at a regular Board agenda or special agenda scheduled for the purpose of taking final action. 5 Unless otherwise noted in the Chapter detail, staffs recommendation is to accept the RPC proposed changes, subject to your consideration of public testimony and your deliberations. 2009 Yakima Urban Area Zoning Ordinance amendments Page 1 of 4 QA Chapter Details Chapter 15A.01 Title. Purpose, -jurisdiction • Adopt as drafted. • Need a revised Urban Growth Area legal description where the UAZO is applicable Chapter 15A.02 Definitions • Accessory Dwelling Unit (ADU) The 2008 definition has been rewritten by the RPC. ADUs are mandated by the legislature. The revised 2009 definition has been simplified and is better but the proposed regulations in Section 15A.09 045 are problematic. • Revise to read Administrative Official means the dtAy appatnt Planning Director or-tke the City of Yakima Department Director of Community and Economic Development, whichever is appropriate, or their designee. • 'Family' - Discuss the necessity of the extensive changes to the definition. The 2009 updates are Okay if the details are kept. • Hulk Hauler is verbatim statute and should be added to YCC Title 15 as well. • The definition of Planning Commission should be as adopted in Ordinance 11 -2009 and not as shown in the draft. Chapter 15A.03 Zoning Districts • Floodplain Overlay (FO) — Subsection G should refer to the adopted Yakima County Regional Shoreline Master Program, rather than "the City's ", otherwise, • Adopt as drafted Chapter 15A.04 Permitted Land Uses This chapter received extensive proposed changes, notably to the Table of land uses. • 15A04 060 Accessory Uses — The use of cargo containers as temporary and permanent accessory uses (without permit review) within most commercial and industrial zones needs further discussion. • 15A.04120 Home Occupations - Discuss whether Firearms sales and /or gunsmith should be prohibited. • 15A.04 160(g) minor change to siting standards read eant±ary notwithstanding YCC Title 15 requirements. • Table of Land Uses 4 -1 1. Agricultural Market in Suburban Residential Zone — Consider making Class 2 use 2. Agriculturally Related Industries — do not recommend changing to a Class 2 allowable use in the Suburban Residential (SR) District. 3 Accessory Dwelling Units should not be subject Hearing Examiner review in the SR and R -1 zones if they meet standards. 4 Allowing existing or new single family residences on existing 8,000 sq ft lots in General Commercial and Industrial zones (M -1 and M -2) should be discussed. 5 Do not provide for Adult Business uses until changes are made to siting criteria. Chapter 15A.05 Site Design and Improvement Standards • 15A.05 040 Vision Clearance — Discuss or defer for further consideration with other development standards. The County Engineer is unconvinced that this more complicated formula is better than the current practice. Chapter 15A.06 Off -Street Parking and Loading Chapter 15A.07 Sitescreening • Adopt as drafted 2009 Yakima Urban Area Zoning Ordinance amendments Page 2 of 4 0 • Chapter 15A.08 Signs • Adopt as drafted, except • Clarify Table 8 -2 regarding Freeway signs in B -1 and B -2 districts; do you want billboards in the GC district such as TH Drive, University Parkway? Chapter 15A.09 Special Development Standards • 15A.09 045 It is unclear whether the statute allows Class 3 Use review Class 2 may be more appropriate if the State law does not preempt. Section needs to be modified to read in YCC 15A format— County not City • 15A.09 100 (1) Private Street Review Requirements. Discuss or defer consideration of the requirement that private streets may only be approved as part of a Master Planned Development Overlay, Mobile /Manufactured Home Park, Condominium or Binding Site Plan. The balance of the section appears workable. • 15A.09110 Reasonable Accommodation Process. Do not adopt; discuss or defer for recommendation by Corporate Counsel - as worded it applies only to the City Chapter 15A.10 Conditions of Approval • Adopt as drafted. Chapter 15A.11 General Application Requirements • 15A.11 080 Processing Applications – The section needs to reference Yakima County's Title 16B (Project Permit Review) That Title supersedes the misleading ti meframes. • 15A.11 090 Notice Requirements - The section needs to reference Yakima County's Tide 16B (Project Permit Review) That Tide supersedes the misleading timeframes. • 15A.11 110 Master Applications – The section needs to reference Yakima County's Tide 16B (Project Permit Review) Consider deleting Subsection B pertaining to fees (That section was developed in 1987) Chapter 15A.12 Permits • 15A.12.070 Certificates of Occupancy under YCC Tide 13 are under the purview of the Building Official and should remain so in the County's UAZO Chapter 15A.13 Type 1 Review • Adopt as drafted. Chapter 15A.14 Type 2 Review • 15A.14 040 The section needs to reference Yakima County's Tide 16B (Project Permit Review) That Tide supersedes the tuneframes regarding Preliminary Decisions (Section 1) and Notification of Final Decision (Section 7) • 15A.14 040 (2) Notification to Adjacent Property Owners - is currently 300 feet, not 500 The additional notice has a budget impact that is not offset by fees. Chapter 15A.15 Type 3 Review • References in the text should be to the Planning Division, not the Planning Department. Chapter 15A.16 Appeals • This section needs to reference Yakima County's Tide 16B (Project Permit Review) Chapter 15A.17 Modifications Chapter 15A.18 Existing Uses and Development • Adopt as drafted. Chapter 15A.19 Nonconforming Uses • Do not adopt. A common standard needs to be developed. Chapter 15A.20 Administration • 15A20 020 A. Office Established. – This section should read. "The Administrative Official shall be that person designated by the legislative body to and administer the assigned provisions of this title, or his designee." (Deletes reference to the building code admumstered and enforced by the Building Official under YCC Tide 13) 2009 Yakima Urban Area Zoning Ordinance amendments Page 3 of 4 Chapter 15A.21 Variances Chapter 15A.22 Interpretations • Adopt as drafted Chapter 15A.23 Amendments and Rezones • Review for consistency with YYC Title 16B 10 Chapter 15A.24 Revocation of Permits or Approvals • Adopt as drafted Chapter 15A.25 Violations and Enforcement and Administration • Amendments to this Chapter transfer the zoning enforcement authority from the Building Official to the Administrative Official. The County's Building and Fire Safety Division currently has the enforcement personnel and is charged with enforcement of the SMP, and County Zoning Ordinance. This section should be modified to include the civil infraction penalties provisions recently made part of YCC Tide 13 Chapter 15A.27 Critical Areas • Do not adopt. Although similar to YCC Titles 16A and 16C, it would require County staff to administer three Critical Areas codes. Chapter 15A.28 Master Planned Development Overlay • Adopt as drafted. Chapter 15A.30 Airport Safety Overlay • Changes to this Chapter are fairly minor. Considering the fact that the Airport Board is recommending a new Airport Overlay District, County staff suggests deferring action on changes to Chapter 15A.30 Chapter 15A.31 Institutional Overlay • Adopt as drafted. c: Vern Redifer, P.E., Director of County Public Services Terry Austin, Chief Civil Deputy Prosecuting Attorney Bill Cook, City Community & Econonuc Development Department Director Joan Davenport, AICP, City Planning Manager John Hodgkmson, Regional Planning Cornmission Chair Dave Saunders, P.E., R.A., C.B O., Building Official Jeff Spencer, Subdivision & Zoning Section Planning Manager G \ORDINANCES \Urban Area Zomng\UA" /_O update 200IIUrV0 Hearing memo w the BOCC 032210.doc I* 2009 Yakima Urban Area Zoning Ordinance amendments Page 4 of 4 • 2010 YAKIMA URBAN AREA ZONING ORDINANCE UPDATES SEPA #002 -10 Joint Yakima City Council & Yakima County Commissioners Open Record Public Hearing March 23, 2010 EXHIBIT LIST Applicant: City of Yakima, Planning Division File Number: SEPA #002 -10 Site Address: Corporate Boundaries of the City of Yakima and its Urban Growth Area Staff Contact: Jeff Peters, Associate Planner Table of Contents CHAPTER AA Ordinance Amending Urban Area Zoning Ordinance — YMC 15 CHAPTER BB City of Yakima Planning Commission Findings of Fact CHAPTER A SEPA Checklist CHAPTER B Public Notices CHAPTER C Agency & Public Comments Received 2010 YAKIMA URBAN AREA ZONING ORDINANCE UPDATES SEPA #002 -10 EXHIBIT LIST CHAPTER AA Ordinance //''''�� 7�T � r xt r - + D ®V U MENT� g'E y; �'»xa�, �" 2 €� �'n e 5 x r 7 > C ,� z�' DATE EXHIBIT K 1�`1 'r s' { ' ti i w 5 04 y�" A i > - r r 1 ➢ ^� g r �, } t, r l t 1 s s" 5 d�+d� 3rc F g R r s AA -1 Ordinance Amending Urban Area Zoning Ordinance YMC 15 03/23/2010 AA -2 Agenda Statement —.City Council /County Commissioners 03/23/2010 Open Record Public Hearing on Zoning Amendments • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. FOR MEETING OF: March 23, 2010 a ITEM TITLE: "Open Record" hearing before the City of Yakima Council and Yakima County Commissioners to consider the City of Yakima Planning Commission's recommendation on zoning amendments to YMC Title 15 Urban Area Zoning Ordinance. • SUBMITTED BY: William Cook, Director of Community & Economic Development CONTACT PERSON /TELEPHONE: Jeff Peters, Associate Planner, 575 -6163 SUMMARY EXPLANATION: "Open Record" public hearing before the City of Yakima Council and Yakima County Commissioners to consider the City of Yakima Planning Commission's recommendation on proposed zoning amendments to YMC Title 15 Urban Area Zoning Ordinance sections: 15.02.020, 15.04.030, 15.04.050, 15.04.060, 15.04.160, 15.05.020, 15.05.030, 153.06.040, 15.06.065, 15.06.090; 15.06.110, 15.06.140, 15.06.150, 15.08.130, 15.09.045, and 15.17.020. 0 Proposed amendments authored and submitted by: City of Yakima Planning Department. - Resolution Ordinance X Contract . Other (Specify) Funding Source APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: • Uphold the City of Yakima Planning 'Commission's recommendation. BOARD RECOMMENDATION: The City of Yakima Planning Commission rendered a recommendation of approval on the proposed amendments on February 24, 2010. , COUNCIL ACTION: • • • . DOC. INDEX • ORDINANCE NO. 2010- • AN ORDINANCE relating to the regulation of land use and development in the City • of Yakima and amending the following sections of Title 15 of the City of Yakima Municipal Code: 15.02.020, 15.04.030, 15.04.050 15.04.060, 15.04.160, 15.05.020, 15.05.030, 15.06.040, 15.06.065, • 15.06.090, 15.06.110, 15.06.140, 15.06.150, 15.08.130, 15.09.045, 15.17.020 • BE IT ORDAINED BY THE CITY .OF YAKIMA: • Section 1. • Section 15.02.020 of the City of Yakima Municipal Code is hereby amended to read as follows: • 15.02.020 Definitions. For the purpose of this title, certain abbreviations, terms, phrases, words. and their derivatives shall be construed as specified herein unless the context requires a different meaning. Where terms are not defined, they shall have the ordinary accepted meaning within the context with which they are used. Where an activity or land use could fall under two definitions, the more specific shall apply. The Webster's Ninth New Collegiate Dictionary, with the assistance of the American Planning Association's Planner Dictionary and Black's Law Dictionary, shall be the source for ordinary accepted meaning and for the definition of words not defined below. Specific examples are included as illustrations, but are not intended to restrict a more general definition. A • "Access. driveway" means an entrance roadway from a street or alley to a parking facility. "Access easement" means any private easement for the purpose of ingress and egress that is not dedicated to the public and that is_ owned by the underlying owners of land over which it • • crosses. "Accessory dwelling unit (ADU)" means a structure meeting the purpose and requirements of • Y_ .C.. 15.09.045 which is attached to or constructed within a single - family home dwellin g {excluding a detached -- accessory building), _ or detached t•ara.c4e with which has living facilities for one individual or family separate from the primary single - family dwelling i nc.lutlir has b-u -trot limited--to, a kitchen, 1. • .. ••, tad slcc s. N DU shat # —n- t have4ts ov'n mailbox, water meter, or-gas metes. - "Accessory use" means a use that is subordinate and incidental to a principal use. "Administrative official" means the duly appointed Yakima County planning official or the city of Yakima director of community and economic development, whichever is appropriate, or their designee. - Adult Day Care Center. See "day care facility." "Adult Family Home" means a regular family abode, licensed b the state. in which a person Or persons provide personal care. special care, room., and board to more than one but not more than • si.x adults who are not related by blood or rnaniage to the person or persons providing the services (RCW 70.1.28.175) "Agriculture" means the tilling of soil, raising of crops and horticulture. (See Table 4 -1, YMC 15.04.030.) "Agricultural building" means a structure designed and constructed to store farm implements or hay, grain, poultry, livestock, fruit and other agricultural products. Controlled atmosphere and • DOC. INDEX • 1 # AA -I • cold storage warehouses are not agricultural buildings. An agricultural building shall not be used . ® for human habitation; for processing, treating or packaging agricultural products; nor shall it be a place used by the public. "Agricultural market" means a use primarily engaged in the retail sale of fresh agricultural products, grown either on or off site. An agricultural market may include, as incidental and • accessory to the principal use, the sale of factory- sealed or prepackaged food products such as . • boxes of apples or other fruit and some limited nonfood items, and these products shall consist of no more than forty percent of the gross floor area. This definition does not include the sale of livestock. " Agricultural Product Support" means a business that provides a product or service intended for use in the'processinn_ storage, preservation, or distribution of agricultural commodities. This definition does not include agricultural )rocessina. storage, preservation, distribution, and related uses. "Agricultural related industry" means specifically: 1. . "Packaging plants" may include, but are not limited to, the following activities: washing, sorting, crating and other functional operations such as drying, field crushing, or other preparation in which the chemical and physical composition of the agricultural product remains essentially unaltered. This definition does not include processing activities, slaughterhouses, animal reduction yards, or tallow works; 2. "Processing plants" may include, but are not limited to, those activities which involve the fermentation or other substantial chemical and physical alteration of the agricultural product. This definition does not include slaughterhouses or rendering plants; and 3. "Storage facilities" include those activities that involve the warehousing of processed and/or packaged agricultural products. "Agricultural stand" means a structure up to one thousand square feet in area used for the retail sale of agricultural products grown on the premises, excluding livestock raised on the premises. "Airport commercial" means the retail sale of aviation- related products and services including aircraft service and rental, air passenger services, and air terminal activities including passenger ticketing, baggage, taxi service, car rental, restaurants, hotels, and gift shops. "Airport industrial" means . research, design, fabrication, and assembly of aircraft, aircraft parts, and aviation- related products located at the Yakima Air Terminal. This use also includes storage and wholesale trade of aviation- related products and air cargo operations and associated storage and processing. "Airport operations" means activities, uses, structures and facilities that are located on and necessary to the operation of the Yakima Air Terminal. These activities and facilities include runways, taxiways, parking ramps and aprons, navigation and radar /radio communication facilities and equipment, safety and emergency facilities, and storage and maintenance facilities. "Alley" means a public thoroughfare or way twenty feet or less in width which has been dedicated to the city of Yakima or Yakima County for public use. Alleys provide only a secondary means of access to abutting property. "Amendment" means a change in the wording, content, or substance of this title, or change in the district boundaries on the official zoning map. "Amusement park" means a permanent indoor and/or outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or the sale of items, and buildings for shows and entertainment. • • DOC. INDEX • 2 • M - [ "Animal clinic /hospital" means a structure used for veterinary care of sick or injured animals. The boarding of animals is limited to short-term care and is accessory to the principal use. This definition does not include kennels. • "Animal husbandry" means the raising of domesticated farm animals when, in the case of dairy cows, beef cattle, horses, ponies, mules, llamas, goats and sheep, their primary source of , food, other than during the winter months, is from grazing in the pasture where they are kept. "Appeal" means a request for review of an administrative official's or hearing examiner's decision, determination, order or official interpretation of any provision of this title. "Applicant" means a person submitting an application for any permit or approval required by this title and who is the owner of the subject property or the authorized agent of the owner. "Application for development" means the application form and all accompanying documents and exhibits required by this title or the administrative official. "Arterial" means a principal or minor arterial, as shown in the Yakima urban area transportation plan adopted in the Yakima urban area comprehensive plan. "Attached" means, in the case of dwellings, two or more dwellings connected by a common vertical wall(s) or roofline, or, in the case of multistory buildings, by a common ceiling /floor(s). "Auction house" means a structure or enclosure where goods and/or livestock are sold by auction. Automobile Service Station. See "service station." "Automobile, truck, manufactured home and/or travel trailer sales" means a place used for the display, sale or rental of new or used automobiles, trucks, manufactured and mobile homes, travel trailers, and campers. "Automotive wrecking or dismantling yard" means a place used for the storage and/or sale of used automotive parts and for the storage, dismantling, sorting, cleaning, crushing or baling of wrecked automobiles, trucks, trailers, or machinery. B• "Bed and breakfast" means a residential structure providing individuals with lodging and meals for not more than thirty days. For home occupations, such uses are limited to having not more than five lodging units or guest rooms. "Beverage industries" means the production, processing, and/or packaging of milk, soft drinks, beer, wine, fruit juices and other drinks. Bingo Parlor. See "game room." "Boardinghouse" means an establishment providing both lodging and meals for not more than ten persons residing in the facility on a permanent or semipermanent basis. "Brokerage offices, transportation" means establishments primarily engaged in furnishing shipping information and acting as agents in arranging transportation for freight and cargo. Building. See "structure." "Building area" means the three - dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks and building coverage. "Building code" means the building code and related codes as amended and adopted by Yakima County /city of Yakima. "Building height" is the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: • DOC. INDEX 3. AA' I • • 0 1. The elevation of the highest adjoining sidewalk or finished ground surface within a five - foot horizontal distance of the exterior wall of the building when such sidewalk or finished ground surface is not more than ten feet above lowest finished grade; 2. An elevation ten feet higher than the lowest finished grade when the highest sidewalk or finished ground surface described in subsection. 1 of this definition is more than ten feet above lowest finished grade. (See Figure 2 -1.) . The height of a stepped or terraced building is the maximum height of any segment of the building. . • i • ■ cr f ' --,_. ()Arm -. 11,(40 1 • - I e+Ln 14' I A, - J t l A } L L r t•l101111rncuo o f } ul)dui• }bight h in F+ ( } j} , , . 0 "Building official" means that person or persons designated by the legislative body to enforce the provisions of the building code and administer the assigned provisions of this title. "Business school" means a commercial or public school providing instruction solely in professional skills such as: business management, accounting, secretarial skills, sales, marketing and merchandising. "Butcher shop" means a custom retail meat cutting operation. This definition does not include slaughtering, but does include other accessory uses such as frozen food lockers. C "Campground" means a development providing facilities for outdoor recreational activities, including structural improvements such as covered cooking areas, group facilities, and travel trailer or tent sites designed for temporary occupancy. This definition includes camping clubs when developed in accordance with applicable state standards. "Car wash" means a business engaged in washing, waxing and/or polishing cars and small trucks. This definition includes self- service car washes, automated car washes, manned car washes and auto detailing. Card Room. See "game room." "Caretaker dwelling" means a single - family dwelling unit .accessory to an agricultural, professional, commercial, or industrial use for occupancy by the owner /caretaker. . "Center line of right -of -way" means the mid -point between the future alignment of the opposite edges of the right -of -way. "Certificate of zoning review" means that certificate issued by the appropriate administrative official stating that the proposed use of the structure or land conforms to the provisions of this title. • "Change of use" means a change from one use listed in Table 4 -1, Table of Permitted Land Uses, to another use listed in that table. DOC. ONDEX f�A -1 4 "Church" means a structure, or group of structures, which by design and construction are primarily used for organized religious services and instruction. "City" means the city of Yakima. . "Class (1) uses" are those uses set forth and defined in the text and tables of YMC Chapter 15.04 and are considered compatible and are permitted on any site in the district. The administrative official shall review Class (1) uses for compliance with the provisions and standards of this title. "Class (2) uses" are those uses set forth and defined in the text and tables of YMC Chapter 15.04 and are generally permitted throughout the district. However, site plan review by the administrative official is required in order to ensure compatibility with the intent and character of the district and the objectives of the Yakima urban area comprehensive plan. • "Class (3) uses" are those uses set forth and defined in the text and tables of YMC Chapter 15.04 and are generally incompatible with adjacent and abutting property because of their size, emissions, traffic generation, neighborhood character or for other reasons. However, they may be compatible with other uses in the district if they are properly site d and designed. Class (3) uses may be permitted by the hearing examiner when he determines, after holding a public hearing, that difficulties related to the compatibility, the provisions of public services, and the Yakima urban area comprehensive plan policies have been adequately resolved. "Class (1), (2) or (3) use, approved" means any use or development approved upon completion of Type (1), (2) or (3) review. • "Class (1), (2) or (3) use or development, existing" means a use or development legally existing or legally established prior to the effective date of this title that has been or would be classified under YMC Chapter 15.04 as a Class (1), (2) or (3) use in a particular district, even though the use has not been through Type (1), (2) or (3) review, and may or may not conform to the standards of this title. This definition includes any existing Class (1), (2) or (3) use with an approved modification under YMC Chapter 15.17. "Clean and sober facility" means a commercial business providing a dwelling or building for occupation by rehabilitated alcohol and/or drug users, during their re -entry into the community. The clean and sober facility provides residentially oriented facilities for the rehabilitation or social adjustment of persons who may need supervision or assistance in becoming socially reoriented, but who do not need institutional care. (Also see "halfway house. ") "Clinic" means a structure for the medical examination and treatment of human patients, but without provision for keeping such patients overnight on the premises. "Closed record appeal" means an administrative appeal, held under RCW 36.70B, that is on the record to a county /city body or officer (including the legislative body) following an open record hearing on a project permit application with no or limited new evidence or information allowed to be submitted and only appeal arguments. allowed. "Coffee /espresso drive - through facility" is a place used to sell coffee and associated items from a drive -up window to a person driving a vehicle. "Coffee /espresso stand" is a place used to sell coffee and associated items from a bar or counter area commonly inside a building and/or structure. "Commercial services" means technical services and specialized care services such as lawn and garden care and delivery services, except as otherwise regulated. "Communication tower" means any tower, pole, mast, whip, or antenna, or any combination thereof, used for radio or television transmission or line -of -sight relay. This definition includes towers erected for use in the amateur radio service. DOC. INDEX g AA - 5 • • "Communication tower height" means the vertical distance above the ground measured to the highest point of the communication tower. . "Community center" means a facility owned and operated by a public agency or nonprofit . corporation, provided the principal use of the facility is for public assistance, community improvement, or public assembly. Community Water System. See "water system, public." "Compatibility" means the characteristics of different uses or developments that permit them to be located near each other in harmony with or without special mitigation measures. "Comprehensive plan" means the Yakima urban area comprehensive plan and any supplemental plans officially adopted under RCW Chapter 36.70, for the Yakima urban area or . any portion thereof. "Concentrated animal feeding operation" means a structure - or pens for the concentrated feeding or holding of animals or poultry, including, but not limited to, horses, cattle, sheep or swine. This definition includes dairy confinement areas, slaughterhouses, shipping terminal holding pens, poultry and/or egg production facilities and fur farms, but does not include animal husbandry. "Condition(s) of approval" means restrictions or requirements imposed by an administrative official pursuant to authority granted by this title. Consulting Services. See "professional business." "Convalescent or nursing home" means an establishment providing nursing, dietary and other personal services to convalescents, invalids, or aged persons, but not mental cases or cases for • contagious or communicable diseases which are customarily treated in sanitariums and hospitals. 0 "Converted dwelling" means a structure which, due to interior alterations, has been modified to increase the number of individual dwelling units. This definition does not apply to multifamily structures constructed under the provisions of this title. "Cosmetic services" means tattooing, body piercing, and similar services. "County" means Yakima County. D "Dangerous waste" means those solid wastes designated in WAC 173 - 303 -070 through 173- 303 -103 as dangerous or extremely hazardous waste. • "Day" means calendar day. (See YMC 15.20.110.) "Day care center" means a day care facility that supplies care, attention, supervision and oversight serving thirteen or more children regardless of whether such services are provided for _ compensation, governed by Washington State DSHS licensing provisions for said day care use and conducted in accordance with State DSHS requirements. _ "Day care facility" means a building or structure in which an agency, person or persons regularly provide care for a group of nonrelated individuals (children or adults) for periods of less than twenty -four hours a day. This includes family day care homes and day care centers. • "Day care home, family" means a family day care home located in a private home that supplies care, attention, supervision, and oversight for one to twelve children, governed by Washington State DSHS licensing provisions for said day care use and conducted in accordance with said State DSHS requirements. "Delicatessen and other specialty food stores" means retail food stores selling ready -to -eat food products such as cooked meats, prepared salads or other specialty food items. This definition includes seafood, health food and other specialty food stores having seating for no 0 more than five persons. DOC. INDEX . 6 # AA 4 • "Department" means either the Yakima County planning division or the city of Yakima department of community and economic development. • "Desktop publishing" means activity related to the use of computers in order to produce .. documents for personal use or for other uses. • "Development" means "use" as defined by this title. "Development permit" means written authorization for development or modification of development as defined in this title. When a building or other construction permit is required, the building /construction permit shall serve as the other development permit. If no building /construction permit is required, the certificate of zoning review shall serve as the development permit. "Development, planned residential" means, in the residential districts, the coordinated development of a single lot with a number of residential structures and/or dwelling types which are designed to: 1. Maintain the character of the residential neighborhood; 2. Provide compatibility between various types of dwelling units, off - street parking and other uses within the site; and • 3. Share such site amenities as off - street parking, access drives, open space and recreational facilities. This definition includes the clustering of residential units on a single lot. In the commercial • districts, "planned residential development" means a mixed -use development combining multifamily residential and commercial use(s) into a single coordinated project. "Divide" means any transaction or action, not otherwise exempt or provided for under the provisions of this title, which alters or affects the shape, size or legal description of any part of an owner's "land" as defined in this chapter. Sale of a condominium apartment and rental or lease of a building, facility or structure which does not alter or affect the legal description of an owner's "land "shall not constitute a division of land. "Domestic farm animal" means animals domesticated by man to live in a tame condition. This definition includes dairy cows, beef cattle, horses, ponies, mules, llamas, goats, sheep, rabbits, poultry, and swine. "Driveway" means the private traveled access to a property or through a parking lot for three or more vehicles. "Drugstore" means a store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines, but where nonmedical products are sold as well. . "Dwelling" means a structure or portion thereof designed exclusively for residential purposes. "Dwelling, multiple- family" means a structure or structures or portion thereof, designed for occupancy by three or more families living independently of each other and containing three or more attached dwelling units on a lot. "Dwelling, single- family" means a structure designed to contain a single dwelling unit. Single - family dwellings are further classified by their nature of construction as follows: 1. Site - built: Constructed primarily at the occupancy site and permanently affixed to the ground by a foundation. 2. Modular home: See "modular home." 3.. Manufactured home: See "manufactured home" and "mobile home." "Dwelling, single - family attached" means two single- family dwellings that are attached, but with each dwelling unit located entirely on its own lot. This definition does not include row houses or other housing types with more than two attached single- family dwellings. DOC. INDEX 7 AA -I • "Dwelling, single- family detached" means one dwelling unit located on one lot and not . attached to any other dwelling unit. "Dwelling, two - family" means a structure designed exclusively for occupancy by two families living independently of each other and containing two attached dwelling units on the same lot. This definition includes the. term "duplex." "Dwelling unit" means one or more rooms in a dwelling for the occupancy of one family and providing complete and independent living facilities, including permanent provisions for living, sleeping, cooking, eating and sanitation. "Dwelling unit" does not include recreational vehicles or mobile homes. E "Earthen material" means sand, gravel, rock, aggregate and/or soil. "Environmental review" means the procedures and requirements established by the State • Environmental Policy Act, RCW Chapter 43.21C, as it now exists or is hereafter amended. "Existing uses" means a use or development legally existing or legally established by a jurisdiction prior to 'the effective date of this title that has been or would be classified under YMC Chapter 15.04 as a Class (1), (2), or (3) use in the appropriate zoning district. F "Family" means individuals, consisting of two or more persons related by blood, marriage or • adoption, or a group of not more than five persons, excluding servants, who are not related by blood, adoption or marriage, living together as a single housekeeping unit in a dwelling unit. • A. "Ftu ii Unc- lades. The term "family" shall include: 1. State - licensed adult family homes required to be recognized as residential uses pursuant to • j RCW 70.128.4- 80175; 2.. State - licensed foster family homes and group care facilities as defined in RCW 74.15.180, subject to the exclusions of subsection B of this definition; and 3. Group homes for the disabled and consensual living arrangements equivalent to a familial settin : required to be accommodated as residential uses pursuant to the Fair Housing Act and the. Washington l-lousin Policy Act, RCW 35.63.220 and RCW 35A.63.240, respectively anmendme•n- ts-- as -+he- same- e -)i-st i o herc after arretlec-l. B. " Fan=_ti1-y ' Ex- el -udes. The term "family" shall exclude individuals residing in halfway houses, crisis residential centers as defined in RCW 74.15.020(3)(g), group homes licensed for juvenile offenders, or, other facilities, whether or not licensed by the state, where individuals are incarcerated or otherwise required to reside pursuant to court order under the supervision of paid staff and personnel. • ' C. Calculation of Residents. When calculating the number of unrelated persons residing in a single- family dwelling unit, the following rules shall apply: 1. When one or more unrelated persons reside with a family whose members are related by genetics, adoption or marriage, the total number of residents shall not exceed five persons except as provided in subsection (C)(2) of this definition. 2. A family unit consisting entirely of persons related by genetics, adoption or marriage may rent a room to a total of two additional renters, or up to two students as a part of a recognized foreign exchange program or similar educational, nonprofit program, or a combination of a renter and such student to a total of two additional persons. The additional renters and/or foreign exchange students, to a maximum of two, shall not be considered when calculating the number of unrelated persons residing in a dwelling unit under subsection (C)(1) of this section. Three or 41/ more renters and/or students shall be considered as unrelated individuals and all persons residing DOC. • • INDEX • 8 AA -I in a dwelling unit, regardless of whether a portion of them are related by genetics, adoption or marriage, shall be considered when determining the total unrelated persons residing at a site. 3. Accessory -- Dwelling Un loll }- 1} - ' DU) is- app =efl ei4- -onc of the- twe.l -Ei i i-ts, either th- - - - - e or the ADU, sha c use 14e- hog +se fentcs lar--w e4- a-ted --per . - - . - -- •.DU shall ftet -- exceed -or+e tan il�zi defined -4n su : - - "accessory- dwelling unit.") 3.4: Nothing herein shall be interpreted to limit normal hosting activities associated with residential use. "Fence" means a structure built to prevent escape or intrusion, or to provide privacy or sitescreening. "Finding" is a conclusion of fact reached by the administrative official in a review process a nd based on the evidence available therein. "Floodplain (one - hundred- year)" means the relatively flat area or lowlands adjoining the channel of a river or stream subject to a one percent or greater chance of flooding in any given year. "Floodway" means the channel or waterway or those portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwaters of the watercourse without causing more than a one -foot rise in the water surface elevation of a one - hundred -year flood. "Food preparation" means a business, service or facility dealing with the preparation of food items for off -site consumption. This definition includes confectioneries, catering services, and preparation of food items for wholesale. G "Game room" means a commercial facility, or a portion thereof, open to the general public, in which card games, pool, electronic games, bingo, etc., are played; provided, however, that this definition shall exclude "social card room" as defined herein. (Also see "meeting hall. ") "Garage, private" means a building or portion of a building designed to store motor vehicles that are used by the occupants of the site's primary use. "Garage, public" means a building or portion of a building used for equipping, repairing, servicing, hiring, selling or storing motor - driven vehicles; but excluding private garages. "Gift shop" means a business primarily engaged in the retail sale of combined lines of gifts • and novelty merchandise, souvenirs, greeting cards, balloons, holiday decorations, curios, crafts, and miscellaneous small art goods. "Glare" is the reflection of harsh, bright light. "Grade" is the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building. Gross Floor Area. See YMC 15.06.040. "Group home" means a place for handicapped, physically or developmentally disabled adults, or dependent or predelinquent children, providing special care in a homelike environment. This definition includes homes of this nature for six or fewer persons, excluding house parents, which I are protected by state or federal law as residential uses. H Halfway House. A "halfway house" shall include residentially oriented facilities that provide: 1. State - licensed group care homes for juvenile delinquents; 2. Houses providing residence in lieu of instructional sentencing; 3. Houses providing residence to individuals needing correctional institutionalization; or DOC. INDEX 9 ' AA-1 • 4. Detoxification centers licensed by the state where alcohol and drug abusers can be placed • in lieu of incarceration for detoxification and treatment from effects of alcohol and drugs. (See "clean and sober facility. ") "Hazardous materials" means any item listed as hazardous by a federal agency or State Department of Ecology or the Yakima regional clean air authority. (See YMC 15.13.020(D).) "Hazardous waste" means and includes all dangerous and extremely hazardous wastes as defined in RCW 70.105.010. "Hazardous waste facility, off - site" means hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the off -site facilities are located. "Hazardous waste facility, on- site" means hazardous' waste treatment and storage facilities which treat and store wastes generated on the same lot. "Hazardous waste generator" means any person or site whose act or process produces dangerous waste or whose act first causes dangerous waste to become subject to regulations under the Dangerous Waste Regulations, WAC Chapter 173-303. "Hazardous waste storage" means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by the generator at the generation site is not storage as long as • the generator complies with the applicable requirements of WAC 173- 303 -200 and 173- 303 -201. "Hazardous waste treatment" means the physical, chemical or biological processing of dangerous waste to make such waste nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in value. "Hearing examiner" means that person appointed by the Yakima city council and board of ® county commissioners. "Home instruction" means the teaching of an art, hobby, skill, trade, profession or sport as a home occupation, except when otherwise prohibited. (See YMC Chapter 15.04, Table 4 -2.) "Home occupation" means the accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services in the home. "Home occupation, business administration" means the accessory use of a dwelling as an administrative office for an occupation conducted away from the home. The home is used for phone calls, mail, and completing paperwork associated with a business. This definition does not include manufacturing, sales, repair or other services. "Homeowners' association" means a community association, other than a condominium association, in which individual owners share ownership or maintenance responsibilities for open space or facilities. "Hospital" means an institution providing clinical, temporary, and emergency services of a medical or surgical nature to human patients which is licensed by state law to provide facilities and services for surgery, obstetrics, and general medical practice as distinguished from clinical treatment of mental and nervous disorders. "Hulk Hauler" means any person who deals in vehicles for the sole purpose of transporting and /or selling them to a Licensed motor vehicle wrecker or scrap processor in substantially the same form in which they are obtained. A hulk hauler may not sell secondhand motor vehicle parts to anyone other than a licensed vehicle wrecker or scrap processor, except for those parts specifically enumerated in RCW 46.79.020(2). as now or hereafter amended, which May be sold to a licensed vehicle wrecker or disposed of at a public facility for waste disposal. (RCW 46.79.010) I • DOC. INDEX 10 # AA-I "Impervious surface" means any material reducing or preventing absorption of stormwater into previously undeveloped land. "Intensity ". is the combination of factors (such as visual appearance and building size, traffic generation, noise, dust and light and economic value) associated with a particular use that determines the potential impact of that use on neighboring land uses. The higher the intensity, the greater the possible impact on neighboring land uses. Generally, the intensity of a and use will determine its compatibility with other types of land uses. "Irrigation and/or drainage facilities" means all irrigation and/or drainage structures, including, but not limited to: standpipes, weir boxes, pipelines, ditches, pump houses, culverts, etc. K "Kennel" means a building, enclosure or portion of any premises in or at which dogs, cats or other domesticated animals are boarded or kept for hire; or in or at which dogs, cats or other domesticated animals are kept or maintained by any person other than the owner; or in or at which six or more cats or four or more dogs over the age of four months are kept or maintained. This definition shall include boarding kennels, but not pet shops, animal hospitals or zoos. L "Landscaping" means the arrangement and planting of trees, grass, shrubs and flowers, and the placement of fountains, patios, street furniture and ornamental concrete or stonework and artificial turf. "Land" means a lot or parcel. "Land use" means the manner in which land and structures are used. "Legislative body" means the board of Yakima County commissioners or the Yakima city council, whichever is appropriate. "Loading space" means an off - street space on the same lot with a structure or use, or contiguous to a group of structures or uses, for the temporary parking of a vehicle while loading or unloading persons, merchandise, or materials, and which abuts a street, alley or other appropriate means of access and egress. "Lot" means a division of land: 1. Defined by boundaries and shown on a final plat or short plat officially recorded in the Yakima County auditor's office; or, 2. A legally recognized prior division or parcel under the provisions of Yakima County's subdivision ordinance (YCC Title 14) or the city of Yakima's subdivision ordinance (YMC Title 14). "Lot area" means the total horizontal area within the boundary lines of the gross lot. "Lot, corner" means a lot abutting two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than one hundred thirty -five degrees. (See Figure 2 -2.) • DOC. INDEX 11 # AA-( "Lot coverage" means that portion of the lot that is covered by structures and other impervious • i I • E I I L:x i tur , t r . ":.� .... I . I ` i E I i ' surfaces. J "Lot depth" means the horizontal length of a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line. (See Figure 2- 7 gy -fi x I I. t ni • 3') J inside "Lot, or interior" means a lot other than a corner lot. (See Figure 2 -2.) "Lot, flag" means a lot only a narrow portion of which fronts on a public /private road and where access to the public /private road is across that narrow portion. (See Figure 2 -2.) "Lot line, front" means, in the case of an interior lot, the property line separating the lot from the road or street, other than an alley. For the purpose of establishing the front lot line for a corner or flag lot, the following shall apply: • 1. In the case of a comer lot, the front lot line shall be the property line with the narrowest street frontage, except that the building official, or his designee, shall designate the front lot line for comer lots in residential districts. .2. For a flag lot, when the access easement or right -of -way extends across the lot, the front lot line shall be the line separating the lot from the right -of -way or access easement. When the right -of -way or access easement does not extend across the ,property, the front lot line shall be determined by the building official. • 1111 DOC. INDEX 12 g AA -( "Lot line, interior" means, in the case of zero lot line development, the property line separating . a zero lot line from: (a) another zero lot line or (b) adjoining common open space. (See Figure 2- t ktlF {qii • lo,linr • { , • "Lot line, rear" means the property line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply: 1. For a triangular or gore- shaped lot, a line ten feet in length within the lot and farthest removed from the front lot line, and at right angles to the line comprising the depth of such lot, shall be used as the rear lot line. 2. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the required rear lot line. 3. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot. "Lot line, side" means any lot boundary line not a front lot line or rear lot line. "Lot, through" means an interior lot having frontage on two streets. (See Figure 2 -2.) "Lot width" means the horizontal distance between the side lot lines, measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot lines. (See Figure 2 -3.) "Low impact development" means stormwater management and land development strategies that emphasize conservation and use of existing natural site features integrated with disturbed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential, commercial, and industrial settings. Low impact development addresses stormwater management and land development that is applied at the parcel and subdivisions scale that emphasize conservation and use of on -site natural features. "Manufactured home" means a dwelling on one or more chassis for towing to the point of use which bears an insignia issued by a state or federal regulatory agency indicating that the structure complies with all applicable construction standards of the U.S. Department of Housing and Urban Development definition of a manufactured home and was built after June 15, 1976. Manufactured homes are further classified as follows: • 1. "Multi- wide ": Have a minimum width of not Less than seventeen feet as measured at all points perpendicular to the length of the manufactured home; 2. "Single- wide ": Have a minimum width less than seventeen feet as measured at any point perpendicular to the length of the manufactured home. DOC. INDEX # AA -1 13 0 "Manufactured structure" means a building manufactured with the intent of being transported to a fixed site and constructed in accordance with the building codes as adopted by the city /county. "Massage therapy /spa" means a scientific or skillful manipulation of soft tissue for therapeutic or remedial purposes, specifically for improving muscle tone and circulation and promoting health and physical well- being. The term includes, but is not limited to, manual and mechanical • procedures for the purpose of treating soft tissue only, the use of supplementary aids such as rubbing alcohol, liniments, oils, antiseptics, powders, herbal preparations, creams or lotions, procedures such as oil rubs, salt glows and hot or cold packs or other similar procedures or preparations commonly used in this practice. This term specifically excludes manipulation of the spine or articulations and excludes sexual contact. "Master planned development" means any development within the Yakima urban growth area approved under YMC Chapter 15.28 (i.e., planned residential development, planned commercial development, planned industrial development, and planned mixed -use development). "Meeting hall" means a private or quasi- private facility in which defined groups or organizations come together for meetings and social events. Includes private bridge club -type card rooms, grange halls, etc. "Mining" means all, or any part of, the process involved in quarrying, mineral extraction, crushing, asphalt mixing plants, concrete batch plants, or other uses of a similar nature, but does not include petroleum or.natural gas exploration or production. "Mixed Use Building" means a building in a commercial district or planned development used partly for residential use and partly for a community facility or commercial use. • "Mixed -use development" means use of the land or structure for two or more different uses. "Mobile home" means a dwelling on one or more chassis for towing to the point of use which . does not meet applicable HUD manufactured housing standards of June 15, 1976. This definition does not include modular • homes, manufactured homes, commercial coaches, recreational vehicles or motor homes. "Mobile home park" means a parcel of land under single ownership used for the placement of two or more mobile or manufactured homes used as dwellings. This definition shall not apply to • the placement of a temporary hardship unit (see YMC 15.04.140) on the same parcel with another home. .. "Mobile home park expansion" means the preparation of additional sites for mobile or manufactured homes (including the installation of utilities, final site grading, the pouring of concrete pads, and the construction of streets). "Modification (of use or development)" means any change or alteration in the occupancy, . arrangement, placement or construction of any existing use, structure, or associated site improvement, and any change or alteration of land. "Modular home" means a residential structure which meets the requirements of the International Building Code and is constructed in a factory and transported to the building site. Modular homes are not subject to special review; they are subject to the same review standards as a site -built home. "Multiple- building complex" means a group of structures housing separate businesses sharing . the same lot, access and/or parking facilities. • "Multiple- occupancy building" means a single structure housing more than one retail business, office, or commercial venture. . III N • DOC. INDEX 14 # AA ( . "Net residential acre" means forty -three thousand five hundred sixty square feet minus the area in private and public streets, rights -of -way, and access easements. (See YMC 15.05.030(B) to calculate the maximum number of dwelling units permitted on a site.) "Nonconforming lot" means a lot, the area or dimension of which was lawful prior to adoption or amendment of this title, but which fails to conform to the present requirements of the zoning district in which it is located. "Nonconforming structure" means a structure that was lawful prior to the adoption or amendment of this title that fails, by reason of such adoption or amendment, to conform to the present requirements of the zoning district where it is located. "Nonconforming use" means a use of land or structure lawfully established and maintained, but which does not conform to this title for the district where it is located. "Nuisance" means any use, activity or structure that interferes with the enjoyment and use of one's property by endangering personal health or safety, offending the human senses, and/or failing to conform with the provisions, intent, or standards of the district where the use, activity or structure occurs. "Nursery" means facilities used for the propagation and sale of agricultural or ornamental plants and related products. Nurseries are further classified as follows: 1. "Retail nursery ": A nursery which offers products to the general public including plant materials, planter boxes, fertilizer, sprays, garden tools, and related items. 2. "Wholesale nursery ": A nursery that raises nursery stock for sale to a retail nursery or other business; and 3. "Greenhouse ": A nursery facility constructed with transparent or translucent materials for indoor propagation of plants. This definition does not include private greenhouses with no commercial sales. • O "Occupancy" means the purpose for which a structure, portion of a structure, or lot is used or intended to be used. For purposes of this title, a change of occupancy is not intended to include a change of tenants or proprietors, but is intended to indicate a change in the type of use. "Off- street parking" means a parking space(s) and associated driveway(s) located beyond the right -of -way of a highway, street or alley. • "Open space" means an area of land or water that is substantially free of structures, impervious surfaces, and other land- altering activities. "Open space, common" means open space within or related to a development that is not dedicated for public use, but is designed, intended and legally committed for the common use or enjoyment of the residents of the development. P . "Park" means a public or privately owned area with facilities for active or passive recreation by the public. • "Parking angle" means the angle formed by a parking stall and the edge of a parking bay, wall or driveway of the parking facility, ranging from zero to ninety degrees. "Parking bay" means the section of a parking facility containing a driveway and containing one or two rows of parking stalls. "Parking lot" means a facility designed to serve parking for five or more motor vehicles. "Parking space" means an off - street area that is paved, drained, maintained and used for the - temporary storage of one motor vehicle. "Parking stall" means a clearly marked area in which one vehicle is to be parked; a parking space. DOC- INDEX 15 � -1 "Party of record" means the applicant and any other person who has submitted written • comment on any action or proposed action, or who has appeared at a public hearing or public • meeting and signed an official register requesting notice of further action. "Permit" means written governmental approval issued by an authorized official, empowering the holder thereof to take some action permitted only upon issuance of written approval. • "Personal services" means a business providing specialized services such as interior home or business design and shopping services, except as otherwise regulated.. • "Pet" means a domesticated animal kept for pleasure or as a hobby rather than utility. "Pet day care" means a building or structure in which an agency, person or persons regularly provide care for pets, but not including overnight stays. Uses not meeting this definition shall be considered kennels. "Planning commission" means the duly constituted re iot-lal planning commission (-RIP- for the City of Yakima- ttrbai+ trowth area. • "Planning division" means the Yakima County planning division or the department of community and economic development of the city of Yakima, whichever is appropriate. "Preliminary approval" means the contingent approval by the administrative official using an appropriate Type (2) or (3) review process prior to final approval. Preschool. See "day care center." "Private access easement" means any private easement for the purpose of ingress and egress that is not dedicated to the public and that is owned by the underlying owners of land over which it crosses. "Product assemblage" means a business or service involved in assembling products for off -site sales. "Professional business" means a business primarily engaged in administrative or service - related functions and dependent upon professional staff such as lawyers, doctors, realtors, travel agents, bankers, accountants, engineers and consultants; or providing administrative governmental services. "Property owner(s)" means the legal owner or owners of the property. "Public hearing" means a meeting open to the public that is announced and advertised in advance at which the public is given an opportunity to participate. Public Water System. See "water system, public." R• "Recreational screen" means a protective device for recreational purposes designed to keep recreational equipment within or outside of a designated area. Such uses are typically associated with schools, parks, golf courses, swimming pools, ball fields, and playgrounds. "Recreational vehicle" means a motorized or nonmotorized vehicle designed and manufactured for recreational use, including, but. not Iimited to: boats, travel trailers, snowmobiles, go- carts, motorcycles and dune buggies. "Recycling center" means a facility where discarded household products such as aluminum and tin cans, glass paper, and other similar individual consumer products are deposited and stored for future reprocessing. "Residential density" means the number of dwelling units per net acre of land. This term • includes dwelling unit density. "Restaurant" means an establishment operated primarily for preparing, cooking, and serving meals, with the serving of beverages as incidental thereto. DOC. INDEX 16 • # A A I "Retail services" means uses providing services, as opposed to products, to the general public. Examples are eating and drinking establishments, motels, real estate and financial offices, and uses providing health education and social services. "Retail trade" means those uses primarily engaged in the sale of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Lumber yards, office supply stores, nurseries, butcher shops, paint stores and similar uses shall be considered as retail trade establishments even though a portion of their business may be to contractors or other business establishments. "Retirement home" means an establishment providing domestic care for elderly persons who are not in need of medical or nursing treatment except in the case of temporary illness. This definition does not include nursing, convalescent or rest homes, hospitals or sanitariums. "Reviewing official" means the building official, administrative official, hearing examiner, or legislative body when engaged in any review or approval procedure under the provisions of this title. "Rezone" means to change the zoning district classification of particular lot(s) or parcel(s) of land. "Right -of -way, public" means land deeded or dedicated to or purchased by the city of Yakima or Yakima County for existing or future public pedestrian or vehicular access. "Road, local access" means a public road not designed as a principal arterial, minor arterial, collector arterial or neighborhood collector by Yakima County or the city of Yakima. The primary purpose of a local access road is to connect property along the local access road with the arterial street system. _ "Road, private" means a road not designed, built, or maintained by the city, the Washington State Department of Transportation, or any political subdivision of the state. "Road, public" means the physical improvement of the public right -of -way, including, but not limited to, surfacing, curbs, gutters and drainage facilities, which is maintained and kept open by the city of Yakima or Yakima County for public vehicular and pedestrian use. S "School" means a structure and accessory facilities in which prescribed courses are taught. This definition includes elementary,. junior high or high schools and institutions of higher learning, but does not include commercial schools, nursery schools, kindergartens, or day nurseries, except when operated in conjunction with a public, private, or parochial school. "School, vocational" means the commercial use of a structure or land for teaching arts, crafts, or trades. "Secondhand store" means a retail business selling used goods. "Service station" means a retail facility to supply motor fuel and other petroleum products to • motor vehicles, and may include lubrication and minor repairservice and incidental sale of motor vehicle accessories. "Setback, front" is the minimum horizontal distance measured perpendicularly from the centerline of the adjacent right -of -way to the nearest wall of the structure. Where there is a partial right -of -way, the setback shall be measured perpendicularly from the design centerline. When there is no right -of -way, the front setback shall be twenty feet from the front property line. "Setback, side and rear" is the minimum horizontal distance measured perpendicularly from the nearest property line to the nearest wall of the structure, except that a side setback on a comer lot, along the adjacent right -of -way, shall be measured perpendicularly from the centerline of the right -of -way. When there is a partial right -of -way, the setback shall be measured perpendicularly from the design centerline. DOC. INDEX 17 # AA -I "Sewer system, community" means small, self- contained sewage treatment facilities built to • serve developed areas generally found outside public sewer service areas. "Sewer system, individual" means a system designed and constructed on site to dispose of sewage from one or two structures. Septic tank systems are the most common form of individual sewer system. . "Sewer system, regional" means sewer service provided by a municipality or special purpose . di strict. Sign. See YMC Chapter 15.08 for a complete listing of sign definitions. "Sign manufacturing and assembly" means the design, manufacturing, and assembly of metal - cased, thermo- formed, wooden, stone, neon, internally lit, or electronic signs. "Site improvement" means any structure or other addition to land. "Site improvement, required" means any specific design, construction requirement or site improvement that is a condition of approval for any permit issued under the provisions of this title or which is a part of any site plan approved under the provisions of this title. "Site plan, detailed" means a general site plan incorporating such additional factors as landscaping, drainage, and others as may be specified. "Site plan; general" means a sketch drawn to scale showing the actual dimensions and shape of the lot to be built upon, the sizes and location of existing buildings on the lot to the nearest foot, and the location and dimensions of the proposed building(s), structure(s), or alteration(s). "Social card room" means a commercial facility, or a portion thereof, open to the general public, in which house - banked social card games are played, as that term is defined by RCW . 9.46.0282 (or as the same may be subsequently amended hereafter), or in which other activities 0 occur that constitute gambling and are authorized by the Washington State Gambling Commission under RCW 9.46.070 (or as the same may be subsequently amended hereafter), to the extent that said activities include any gambling activity engaging in the use of, or associated with, slot machines .(whether mechanical or electronic) or any gambling activity engaging in the use of, or associated with, any other electronic mechanism including video terminals. Specialty Food Store/Food Store, Specialty. See "delicatessen and other specialty food stores." "Standard, administrative adjustment of" means a change, either an increase or decrease, in one or more of the development standards in YMC Chapters 1.5.05 through 15.08, in accordance with the provisions of YMC Chapter 15.10. "Standard, general" means any standard not capable of precise numerical definition, but which expresses the policies of the community in this title and which may be applied by the reviewing official during a Type (1), Type (2) or Type (3) review. "Standard, specific" means those numerical standards established in YMC Chapters . 15.04, 15.05, 15.06, 15.07, 15.08 and 15.09. . "State siting criteria" means" criteria for the siting of hazardous waste treatment and storage facilities adopted pursuant to the requirements of RCW Chapter 70:105. "Stockpiling of earthen materials" means permanent and/or continuous use for storage of rock, gravel, rubble, sand, or soil. . "Storage facilities, bulk" means either enclosed (see `warehouse ") or outdoor areas designed for the storage of either large quantities of materials or materials of large size. Includes the storage of vehicles when such storage is not incidental and subordinate to another land use and is not vehicle parking, automotive wrecking /dismantling yards or vehicle sales lots. "Storage facilities, commercial" means enclosed storage areas designated as support facilities . for commercial activities and used for the storage of retail materials. • • DOC. INDEX 18 • • "Storage facilities, residential mini - storage" means enclosed areas providing storage for residential goods and/or recreational vehicles within the structure. "Storage, vehicle" means keeping vehicles on a given site that are not actively used by the principal occupants of the site. This definition does not include automotive wrecking /dismantling yards or vehicle sales lots. "Street" means a public or private road. "Structural alteration" means: 1. Any change in a major component or other supporting members of the structure, including foundations, bearing walls, beams, columns, floor or roof joists, girders, or rafters; or 2. Any change in the exterior lines or configuration of a structure if such changes result in the enlargement of the structure. "Structure" means anything constructed or erected which requires location on the ground or attached to something having a location on the ground. "Structure, temporary" means a structure without any foundation or footings and which is removed when the designated period, activity, or use for which the temporary structure was erected has•ceased. "Swimming pool" means a contained body of water, used for swimming or bathing purposes, either above ground level or below ground level, with the depth of the container being more than eighteen inches or the area being more than thirty -eight square feet. T "Tavern" means an establishment operated primarily for the sale of wine, beer, or other beverages with any service of food incidental thereto. "Technical equipment" means medical, dental, fire suppression, restaurant, etc., equipment. "Towing services" means a service to haul or tow vehicles for service, repair or temporary storage. Any facility, except for wrecking yards, storing a vehicle for five or more days shall be considered a vehicle storage facility. Hulk haulers are not included under this definition. Travel Agency. See "professional business." U "Urban growth area" means the area within the city limits of Yakima and Union Gap, and the unincorporated portion of Yakima County within the Yakima urban growth area boundary established by the board of Yakima County commissioners pursuant to RCW 36.70A and adopted in the Yakima urban area comprehensive plan (YUACP) as amended. The boundary and legal description of the Yakima urban growth area is set forth in YMC 15.01.020. The Yakima urban growth area is that area where growth is expected to occur over the next 20 years from the adoption of the YUACP and is the area in which urban level public services are or will be provided. "Urban services" include, but are not limited to, public water and sewer lines, neighborhood parks, streetlights, police and fire protection. "Use" means the activity or purpose for which land or structures or a combination of land and structures is designed, arranged, occupied, or maintained together with any associated site improvements. This definition includes the construction, erection, placement, movement or demolition of any structure or site improvement and any physical alteration to land itself, including any grading, leveling, paving or excavation. "Use" also means any existing or proposed configuration of land, structures, and site improvements, and the use thereof. Use, Class (1), (2), (3). See "Class (1), (2), (3) uses." Use, Modification of. See "modification (of use or development)." DOC. INDEX 19 # AA -I "Use, principal" means the primary or predominant use to which a structure, part of a • structure, or lot is or may be devoted. . • "Use, temporary" means a use established under YMC 15.04.130, for a fixed period of time, with the intent to discontinue such use upon the expiration of the time period. "Utilities" are. those businesses, institutions, or. organizations using pipes or conductors in, under, above, or along streets, alleys or easements to provide a product or service to the public. "Utility services" means facilities operated by utilities, but not including local transmission and collection lines, pipes, and conductors. Such facilities include, but are not limited to, electrical power substations, water reservoirs, and sewage treatment plants. _ V "Variance" means a modification of the specific regulations of this title in accordance with the terms of this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zoning district. Veterinary Clinic. See "animal clinic /hospital." "Vision triangle" means a triangular- shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.. (See. YMC 15.05.040.) W "Warehouse" means a structure used for the storage of goods and materials. See "agricultural building." • "Waste material processing and junk handling" means a place where waste, discarded or salvaged metal, used plumbing fixtures, discarded furniture and household equipment, and other materials are bought, sold, exchanged, stored or baled; and places or yards for the storage of salvaged materials and equipment from building demolition and salvaged structural steel materials and equipment, but excluding establishments for the processing and sorting of garbage, or for the sale, purchase, storage or dismantling of automotive vehicles and machinery. This definition does not include the processing, storage or disposal of hazardous materials. . "Wastewater spray field" means an agricultural or otherwise vegetated field which is irrigated with wastewater or treated sewage. May include storage lagoons utilized solely for storing wastewater before spraying, but not other wastewater treatment facilities. Excludes sprayfields for wastewater defined as hazardous pursuant to RCW Chapter 70.105. • "Water system, public" means any system, excluding a system serving only one single - family • residence, providing piped water for human consumption, as defined and/or regulated under WAC 248 -54. "Wholesale trade" means those uses primarily engaged in the sale of merchandise to retailers and to industrial, commercial, institutional or professional business users or to other wholesalers. "Wineries or Breweries" means a winery or brewery for processing and manufacturing., purposes only. with limited wholesale trade incidental to the primary use. \Vineries and . breweries are categorized as follows: A. Basic does not have a commercial tastingg room or restaurant; 13. Resort /Destination has either a commercial tasting room or restaurant. This type of winery or brewery is located on a site larger than five acres in size. it could typically be associated. or • com )atible with: high density residential. resort lodging, or a bed & breakfast. C. Retail has either a commercial tasting room or restaurant. r DOC. INDEX 20 • "Wrecking yard" means the place of business where motor vehicles or parts thereof are kept by a motor vehicle wrecker subject to state regulation (RCW Chapter 46.80). Y "Yard" means an open space, other than a court, on the same lot with a structure. "Yard, front" means the open area extending along and parallel to the entire length of the front lot line and measured from the property line to the structure. "Yard, rear" means the open area at the rear of the structure extending the entire width of the lot and measured from the structure to the rear property line. "Yard, side" means an open area between the side wall line of the structure and the side line of the lot. Z "Zero lot line" means the location of a dwelling on a lot in such a mariner that one of the sides of the dwelling rests directly on a side lot line. "Zoning district" means a portion of the Yakima urban growth area within which certain uses of land and structures are permitted and certain other uses of land and structures are prohibited, certain yards and other open spaces are required and specific lot areas are established, all as set forth and specified in this title. This definition also includes the terms "zone" and "use district." "Zoo" means a park or facility where animals are kept and raised for visitors to see and. • observe; zoological park. Section 2. Section 15.04.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.04.030 Table of permitted land uses. Table 4 -1 titled "Permitted Land Uses" is incorporated as part of this section. Each permitted land use listed in Table 4 -1 is designated a Class (1), (2) or (3) use for a particular zoning district. In addition, some Class (1) uses may require Type (2) review in accordance with YMC 15.04.020. All permitted and uses and associated site improvements are subject 'to the design standards and review procedures of this title. DOC. INDEX AA-- 21 • • • SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBII RD M1 M2 AGRICULTURAL (COMMERCIAL) Agriculture, Horticulture, General Farming (not feedlots and stockyards) ( *) 1 1 - 1_ 1 Agricultural Building ( *) 1 1 1 1 Agricultural Chemical Sales /Storage - 1 1 1 Agricultural Market ( *) 1 1 1: - 1 I 1 1 1 Aaricultural Stand ( *) 1 1 1 Ag Related Industries ( *) 3? 1 1 1 Animal Husbandry (See YMC 15.09.070) ( *) 1 2 1 1 Concentrated Feeding Operation ( *) .. 3 Floriculture, Aquaculture - 1 - 1 1 Fruit Bin Sales /Storage 3 2 1 1 '_eery and Brewery - Basic ( 3 3 1 2 Re,srt /Destinalion w /ensile apricultural production( *) 3 a 3 3 3 3 Resort/Destination (' "'i 2 3 3 .( 1 1 3 Retail M 1 .1 1 1 1 1 2 AMUSEMENT AND RECREATION Aquatic Center 3 3 3 1 2 Amusement Park (Permanent) ( *) 3 3 3 1 3 Bowling Alleys 2 2 2 1 1 2 3 Campground ( *) 3 2 Drive in Theatres 3 2 2 2 _ GA. Ill ms- Exercise Facilities ( catassoc= iated- ith--rrrse- a -llewed -in-- the-- zerri 3 2 1 2-1 1 1 2 1 1 1 3 -2 2 eli-strict.) Horse Racing Tracks, Speedways 3 3 Game Rooms, Card Rooms, Electronic Game Rooms ( *) 3 2 1 2 2 2 Golf Courses, Clubhouses, Golf Driving Ranges . 3 3 3 3 Miniature Golf Courses 3 3. 1 1 1 1 Movie Theatres, Auditoriums, Exhibition Halls . 3 1 1 1 1 Parks ( *) 2 3 2 2 2 2 2 2. 2 2 2 1 2 2 • Roller Skating or Ice Skating Rink . 2 - 2 1 1 3 Swrts Facility (Indoor) '2 2 1 2- 1 3 Social Card Rooms (See YMC 15.09.090)( *) . . 3 3 _ 3 3 • State Fair Park (see -1C 15- 01.20 {3) -(=y • (See YMC 15.04.200) COMMUNITY SERVICES Cemetery / Crematorium with Funeral Home • . 3 3 3 3 3 3 Funeral Home not associated with Cemetery / Crematorium 3 2 2 2 1 1 1 2 2 Churches, Synagogues, & Temples (*) 2 3 2 2 2 2 2 2 1 1 2 1 Community Center ( *) Meeting Halls, Fraternal Organizations 2 3 2 2 2 2 2 2 2 1- 1 1 2 • DOC. IN[?EX . 22 4 AA - l • SR RI R2 R3 BI B2 HB SCC LCC AS GC CBE RD M1 M2 Cenva esccnt. N-r+rsi -i - l- ontes and Grou- k p omes ( *) 3 3 - _ 3: - D yc -(=are Facilities (not home occupation): Family In -Home ( *) 1 2 2 2 2 2 2 2' 1 1 1 D yc -are Center ( *) 3 3 3 2 1 1 2 1 1 2 1 1 2 1 Police, Fire Stations, Ambulance Service 3 3 3 3 2 2 2 2 1 1 1 1 1 1 Hospital ( *) Inside Institutional Overlay (See YMC Ch. 15.31) Hospital ( *) Outside Institutional Overlay . 3 3 3 3 3 3 3 3 "l+ - '- 7 - :1-i -Drug-arid Alcohol l hiiitation 3 3 3 3 a, 3 _ 3 Correctional Facilities 3 3 3' 3 3 3 Libraries • 3 3 3 2 1 2 1 1 1 1 1 1 Museums, Art Galleries 3• 3 2 1 2 1 1 1 1 1 1 1 . Schools _Elementary and Middle - {- 3 3 3 3 3 3. 1. 3 __Senior High School( *) 3 3 3 3 3 3 3 3 Business Schools( *) 3 3 3 3 3 3 2 2 1 1 1 2 2 _Community College / University - Inside Institutional Overlay (See YMC Ch. 15.30) Community College / University - Outside Institutional Overlay 3' 3 3 3 3' 2 2 2. 2. 3 2 3 2 2 Vocational Schools ( *) 3 3 3 3 3 2 2 2 1 1 1 -1-2 3 . Wastewater Sprayfield ( *) 3 3 3 Zo ( *) 3 3 3 3 3 I- ILALTI AND SOCIAL SERVICE FA CILITY Gr up Homes (Six or fewer), Family I_Iome ( *) 1 I 3l 2-1 21 ?1 31 Tr atment Centers For Drug and Alcohol Rehabilitation 3 3 3 3 3 3 3 3 B arding House ( *) 3 3 3 3 3 1 2 • H lfway House ( *) 2 3 3 • Gr imp HomesjMore IhanSixl, and Nursing Homes ( *) 3 2 2 2 3 3 MANUFACTURING Arriculturrii Product Support 2 2 2 1 1 - Aircraft Parts _ 1 1 1 ' Aircraft Commercial ( *) and Industrial ( *) Uses on land owned by the Airport _ 1 1 2 AFparel and Accessories _ 3 2 2 1 1 1 - B 1kery Products (wholesale) 2• 2 2 2 2 1 1 Beverage Industry(*) _ 2 2 2 1 1 Canning, Preserving and Packaging Fruits, Vegetables, & Other Foods 1 1 Cement and Concrete Plants 3 1 Chemicals (Industrial, Agricultural, Wood, etc.) _ _ 3 1 Concrete, Gypsum and Plaster Products 2 1 1 Ccnfectionery and Related Products (wholesale) 2 2 2 1 1 2 1 1 DOC. lND # W >q,4 . . . - 0 . • 0 SR R1 .R2 R3 BI B2 HB SCC LCC AS GC CBE, RD M1 M2 Cutlery, Hand Tools and General Hardware 1 � 1 1 Drugs _ 1 ,2 1 1 Electrical Transmission and Distribution Equipment • 1 2 3 1 1 Electronic Components and Accessories and Product Assembly 1 2 2 3 1 1 Engineering, Medical, Optical, Dental, Scientific Instruments and Product 1 2 1 1 Assembly . .. Fabricated Structural Metal Products 2 3 3 1 1 Food Processing . • 2 3 1 1 Fu -niture , - - '. . ,'_ .. ' . ,.?roduct assembly 2 3 2 1 1 Glass, Pottery, and Related Products and Assembly - 2 2 2 1 1 . Grain Mill Products 3 • 1 1 Heating Apparatus Wood Stoves .1 1 Leather Products 3. 1 1 1 Leather Tanning and Finishing 1 1 Machinery and Equipment 1 2 1 1 Meat, Poultry and Dairy Products 1 1 Paints, Varnishes, Lacquers, Enamels and Allied Products • . _ 3 1 Paperboard Containers and Boxes 1 3 1 1 Plastic Products and Assembly 1 2 1 1 Prefabricated Structural Wood Products and Containers - 1 1 1 Panting, Publishing and Binding . 1 3 2 1 1 Pr nting Trade (Service Industries) 2 2 2 1 1 2 1 Rendering Plants, Slaughter Houses 3 Rubber Products 1 2 1 Sign Manufacturing and Product Assembly ( *) • 2 1 1 1 1 Sawmills and Planing Mills . 2 1 Sheet Metal and Welding Shops 2 1 1 Stone Products (includes finishing of monuments for retail sale) 2 , 1 2 2 3 1 1 Transportation Equipment, Including Trailers and Campers • 1 1 Woodworking: Cabinets, Shelves, etc. 3 1 2 _ 2 1 1 MINING/REFINING /OFF -SITE HAZARDOUS WASTE TREATMENT Asphalt Paving and Roofing Materials, Rock Crushing 3 3 1 Mining Including Sand and Gravel Pits ( *) • 3 • _ 3 3 Stockpiling of Earthen Materials( *) 2 2 2 2 1 1• 1 1 1 1 1 1 1 1 Off -Site Hazardous Waste Treatment and Storage Facilities( *) 3 3 RESIDENTIAL Accessory Uses ( *) . See YMC 15.04.060 - D�tached Single - Family Dwelling ( *) .. . 1 1 1 1 3 3 1 3 3 3 3 DOC. . • t1lI®EX . 24 • # 4A � . . . . . . . . • • . ' SR R1 R2 R3 ' B1 B2 HB SCC LCC AS GC CBD RD M1 M2 Aocessor... Dwelline Unit (lc) 0‘ee YMC 15.09.045) 3 3 1.xistin2 or New Detached Sinele-Familv Dwellina on ENistin,e; Lots of 8.000 1 1 1 square feet or less D tached Single-Family Dwelling (zero lot line) (*) (See YMC 15.09.040) 2 2 2 _ 2 3 3 l 3 3 3 3 At ached Single-Family Dwelling, Common Wall (*) 2 2 1 1 3 3 13 3 3 3 T o-Family Dwelling (Duplex) (*) 3 3 1 1 2 2 1 3 3 3 3 Converted Dwelling (*) 3 3 2 2 2 2 2 2 2 _ 2 1 MIlti-Ffamily Dwelling (*): 0-7 DU/NRA 2 1 2 2 2 2 2 2. 2 _ 8-12 DU/NRA 2 1 2 _ 2 2 2 2 2 2 13+ DU/NRA 3 1 2 2 2 2 2 2 2 .Above Ground Floor Non NonrB-Fe&idential Mixed Use Build inL). 1 1 1 1 1 1 1 Planned Development (*) See YMC 15.28 Mobile Home Parks (*) . 3 2 . . 2 Mobile Home (*) or Manufactured Homes (*) See YMC 15.04.160 Bc afdi-HH4e-use (*) 3' 3 -3 3 :3- -1- 2 . Glean-and-SebeE-F-aeilitt-oi—Ifalf way-House -( - 3 3 Retirement Homes (*) . 2 3 1 3 1 1 Temporary Hardship Units (See YMC 15.04.140) 2 2 2 2 2 2 2 2 2 2 2 RETAIL TRADE, AND SERVICE Addressing, Mailing, and Stenographic Services 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 Ac ult Business Uses See Y MC1_15.09.200 Animal Clinic/Hospital/Veterinarian (*) ' 3 2 2 2 • 1 2 1 1 1 Antique Stores 2 2 2 1 1 1 1 Artist's Supplies 1 1 1 1 1 1 1 1 Auction House for Goods (*) , 3 3 3 3 3 3 2 2 Auction House for Livestock (*) 3 3 AL tomotive Automobile Dealer New and Used Sales 2 2 1 3 1 1 Weekend Automobile and Recreational Vehicle (RV) Sales ' 1 , 1 , 1 'Automotive: Car Wash / Detailing . 2 _ 2 1 ,_ 1 1 1 2 __ Parking Lots and Garages • 2 1 1 1 1 1 1 1 1 Maintenance and Repair Shops 2 1 1 _ 2 1 2 1 2 Paint and Body Repair Shops 2 3 1 1 1 2 _ Parts and Accessories (tires, batteries, etc.) 2 . 2 1 1 1 2 1 2 Towing Services 1 r. 3 1 1 Wrecking and Dismantling Yard (*) & Hulk Haulers () 3 , 1 Bail Bonds 1 1 1 Bakery . 2 1 1 , 1 1 1 1 1 1 DOC. 1NOVi - # • • 4110 • . • i . 0 • SR R1 R2 R3 131 B2 HB SCC LCC AS GC CB1 RD M1 M2 Beauty and Barber Shops 2 1 2 1 1 1 1 1 1 2 Bed and Breakfast Inn ( *) .2 2 2 2 2 2 1 Boats and Marine Accessories - 2 2 1 1 1 1 Books, Stationery, Office Supplies 2 1 1 1 1 1 1 1 2 Butcher Shop 1 1 1 1 2 2 1 Camera Store 2 1 2 1 1 1 1 1 1 Candy Store 2 1 2 1 1 1 1 1 1 Clothing and Accessories 2 1 2 1 1 1 1 1 1 'Coin and Stamp Shop 2 1 2 1 1 1 1 1 1 Commercial Services ( *) 3 1 2 1 1 1 1 1 2 Communication Towers ( *) See YMC 15.04.180 Computer and Electronic Stores • 2 1 2 1 1 1 1 1 1 • Gr eery /Convenience Store - Closed 10:00 p.m. to 6:00 a.m. • 2 2 2 1 1 1 1 1 1 2 @+ x•e+y /Convenience Store - Open 10:00 p.m. to 6:00 a.m. 3 3 2 2 1 1 2 1 2 Delicatessen ( *) 2 1 2 1 1 1 1 1 1 Department, Discount, Variety Stores (25,000 sq ft or less) 2 . 2 1 1 1 1 1 Department, Discount, Variety Stores (25,001 sq ft or more) 3 3 1 1 1 1 PefDaycare / Animal Training (*) 2 1 1 1 2 1 1 2 Drug Stores ( *) (optical goods, orthopedic supplies) 2 1 2 1 1 1 1 1 1 Espresso / Coffee Drive - Through ( *) 3 2 2. 2 1 2 2 2 3 Espresso / Coffee Stand ( *) 1 1 1 1 1 1 1 1 1 Fabric Store 1 2 1 1 1 1 1 1 Farm and Implements, Tools and Heavy Construction Equipment 1 2 3 1 1 Farm Supplies 2 2 1 1. 2 1 Financial Institutions 1 1 1 1 1 1 1 1 • • Florist 2 1 1 1 1 1 1 1 1 Food Store, Specialty . 1 2 1 • 1 1 1 1 1 Fuel Oil and Coal Distributors 1 2 1 1 Furniture, Home Furnishings, Appliances 1 1 1 1 1 1 1 General Hardware, Garden Equipment, & Supplies (25,000 sq ft or less) 2 1 2 1 1 1 1. 1 1 General Hardware, Garden Equipment, & Supplies - (25,000 sq ft or more) 3 3 1 1 1 1 I. Gift Shop ( *) 2 1 2 1 1 1 1 1 1 Grocery - Storejjarger than 6,000 sq_ ft.) Open 10:00 p.m. to 6:00 3 3- 2 12 -1- 1 2 1 2 Heating and Plumbing and Electrical Equipment Stores 2 2• 1 1 1 1 1 Heavy Equipment Storage, Maintenance & Repair 1 1 1 Jewelry, Watches, Silverware Sales and Repair 1 2 1 1 • 1 1 1 1 Kennels ( *) 3 2 2 DOC. INDEX . • SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBE RD M1 M2 Laundries, Laundromats and Dry Cleaning Plants 2 2 1 1 1 1 . 2 1 Liquor Stores 2 2 1 1 1 1 Lumber Yards 2 1 1 1 1 I sage Therapy / Spa ( *) 1 1 1 1 _ 1 1 1 1 1 ical and Dental -1 ahcnatoi v. Offi- mac# Clinic 2 4- 4. - 2 -1- _ 4- 4- -1- -1 k 2 Motels and Hotels 2 1 1 1 1 1 Motorcycles Sales/Repair (including maintenance) 2 1 1 1 3 1 2 Music Stores 2 2 1 1 1 1 1 Nursery ( *) 3 • 1 1 1 1 1 1 1 Orice . 4- k 2 4- -1 4 - 1 - -1- 4- Cal l Center 2 32 3-1- . 2 1 1 1 2 -1 Contractor Building and Trade (e.g.. Plumbing, Heating, Electrical, Painting 2 2 2 2 1 q 1 4 _ (Aa.) r. I 4- 41 4- 4- 4- 4- -1- 4- Government 2 3 2 2 1 1 ( 2 Professional Office Buildings for (Architects, Attorneys, Engineers. Surveyors) 3 1 1 3 1 1 1 1 1 1 32 GE w rnme- rtt. -ete. Real Estate Offic-es .. ( 4- 4- 2 -1- -1- -1- 1 4- 4- 4- 2 Medical and Dental Laboratory, Offices and Clinic 1 3 1 1 2 1 1 1 1 1 1 2 - 3st d Service Agencies_ (Advertising. Employment. 1 1 2 1 1 1 1 1 1 In:- urance. Real Estate. etc 1 . Outdoor Advertising (Billboards) See YMC 15.08.130 Paint, Glass and Wallpaper Stores 2 2 1 1 1 1 1 Pawn Broker 2 1 1 1 2 1 Pet Stores (,Pet Supplies and Dog Grooming,) 1 1 1 2 1 1 1 1 Printing, Photocopy Service 1 1 1 1 1 1 1 1 1 1 Radio /TV Studio 3 3 2 1 1 1 1 2 Recycling Center ( *) 3 1 • Rental: Auto, Truck, Trailer, Fleet Leasing Services with Storage 3 2 1 2 2 2 3 1 2 Rental: Heavy Equipment (except automotive) with Storage _ 1 1 Rental: Heavy Equipment (except automotive) without storage) • 1 2 3 2 Repairs: Small Appliances, TVs, Business Machines, Watches, etc. 1 2 1 1 1 1 2 1 1 Repairs: Locksmiths and Gunsmiths 1 2 1 1 1 1 2 1 Repairs: Re Reupholstery and Furniture 2 2 1 1 1 2 1 Repairs: Small Engine and Garden Equipment 2 2 2 1 1 1 2 1 Restaurant, Cafe and Drive -in Eating Facilities ( *) 3 1 1 1 1 1 1 1 1 Seamstress, Tailor 1 1 1 1 1 1 1 1 • DOC. 1N9EX IP Ilk 0 • • • SR R1 R2 R3 BI B2 HB SCC LCC AS GC CBE RD M1 M2 Second Hand Store ( *) • 3 3 3 2 3 2 Se - vice Station ( *) Closed Between 10:00 p.m. and 6:00 a.m. ( *) 3 2 1 1 1 1 _ 1 1 _ 1 Service Station ( *) Open Between 10:00 p.m. and 6:00 a.m. ( *) 3 2 4-2 1 1 2 1 2 Shoe Repair and Shoe Shine Shops 1 2 1 1 1 1 1 1 2 Shooting Ranges (Indoor) 3 3 3 3 1 Signs, printed, painted or carved 2 2 1 1 2 1 1 Sporting Goods, Bicycle Shops 1 • 2 1 1 1 1 1 1 2 Taverns ( *), Bars, Dance Establishments 3 2 2 1 1 1 1 1 1 Technical Equipment Sales ( *) 2 1 2 1 1 1 1 1 1 1 Toy and Hobby Store 1 - 2 1 1 _ 1 1 1 . 1 Truck Service Stations and Shops 3 2 1 1 Track (Large), Manufactured Home & Travel Trailer Sales 2 -I- 1 3 1 Video Sales/Rental .1 2 1 1 1 1 1 1 2. Waste Material Processing and Junk Handling (*) 3 1 TRANSPORTATION Bus Terminals - _ 1 1 1 1 1 1 Bus Storage and Maintenance Facilities 1 1 Transportation Brokerage ( *) Offices, with Truck Parking 2 2 1 1 Contract Truck Hauling, Rental of Trucks with Drivers 1 1 1 Air, Rail, Truck Terminals (for short -term storage, office, etc.) • 1 2 1 1 Railroad Switch Yards, Maintenance and Repair Facilities, etc. 1 1 Taxicab Terminals, Maintenance and Dispatching Centers, etc: 3 3 1 Airport Landing Field 1 Airport Operations ( *) 1 UTILITIES Power Generating Facilities 3 2 1 Utility Services (substations, etc.) 3 3 3 3 3 3 3 3 3 1 1 WHOLESALE TRADE - STORAGE Warehouses ( *) 3 1 2 2 1 1 Wlolesale Trade ( *) 2 1• 1 2 I 1 1 Storage Facilities, Bulk ( *) 1 2 1 1 Storage Facilities Commercial ( *) 3 1 2 3 ' 1 1 Residential Mini Storage ( *) 3 3 • 1 2 3 1 1 *Refers to definition in YIVI-C Ch. 15.02 � _ = Not Permitted- 1 = Class (1) Permitted Use . 2 = C1lss_ Rtjunes an Administrative Review by the Administrative Official . • 3 == Class (3) Requires a Public Hearing. by the Hearing Examiner DOC. INDFX • a. jA - / • 28 Section 3. The table of contents of Chapter 15.04 is hereby modified and Section ® 15.04.050 of the City of Yakima Municipal Code is hereby removed to read as follows: Chapter 15.04 PERMITTED LAND USES Sections: 15.04.010 Purpose. 15.04.020 Land use classification system. 1.5.04.030 Table of permitted land uses. 15.04.040 Unclassified uses. 15,G4,0,0 Zero lot line develepnte- 15.04.060 Accessory uses. 15.04.070 Overlays. 15.04.080 Drive - through facilities. 1.5.04.090 Yard sales. 15.04.100 Caretaker dwellings. 1.5.04.110 Swimming pools. . 1.5.04.120 Home occupations. 15.04.130 Temporary use permits. • 15.04.140 Temporary hardship unit permits. 1.5.04.150 Standards for mobile /manufactured home parks. 15.04.160 Placement of mobile /manufactured homes in residential districts. 15.04.170 Placement of manufactured modular nonresidential structures. 1.5.04.180 Communication towers. 15.04.190 Social card rooms. 1.5.04.200 State Fair Park— Exposition and Special Events Center. 1.5.04,0 -S8 : iltprne t A. Purpose :-Zero let -l•i- rye- de- ve- lepmen -t4or -rnitymbe pei t +ttec i ��Eder ifs pfor et-e- eff=icient -1 rid -u -Fie -- permit - rate -e efgy efficient ax•t nge -meat of - --st -Etc=tuj-e pr- etee.t: en- vifont ie•; t-al- l -y - -se s- itive=area ri- -pre- vide -morc coin -u-n-i-t -c t pace P3- Revitw e - i-red: Zero lot line development in _ s and silor- t= s-u -bdkisiens appfewed =ter41}e approves - 2.2 rcvie e . - opinents -Fn-a-y also be approved o . he effcc . - : Type 3-- e iev,w: C —. fee► =f1 -loot bi. e- Develef m n(Sta-ntlafils _ ... . , Section 4. Section 15.04.060 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.04.060 Accessory uses. • A. Generally. An accessory use is a use customarily incidental and subordinate to the principal use of a structure or site. Accessory uses are permitted upon compliance with the terms and provisions of this title. They must be clearly secondary to, supportive of, and compatible with the principal use(s) and consistent with the purpose and intent of the zoning district. The DOC. INDEX 30 land use classification and review requirements of an accessory use shall be the same as that of • the principal use(s), unless otherwise specified. B. On -site hazardous waste treatment and storage is permitted as an accessory use in the SR, B -1, B -2, HB, LCC, CBD, GC, M -1 and M -2 districts, subject to the state siting criteria in the Washington Administrative Code adopted pursuant to the requirements of RCW Chapter 70.105. C. Garages. Private garages are permitted as an accessory use; provided, that in residential districts they are primarily used to store motor vehicles by the occupants of the residence. D. Pets. Pets are permitted as an accessory use; provided, that in residential districts they are subject to the following restrictions (see definition of "kennel "): 1. They are domesticated animals kept for pleasure or as a hobby rather than utility, such as fish, birds, dogs and cats, except when the use constitutes a kennel; 2. Their presence does not create undue noise or odors such as would create a nuisance or diminish the residential nature of the neighborhood; 3. Such animals are properly fed, watered and kept in a humane manner; and • 4. The other provisions of the YMC for animals are followed. E. Agricultural Buildings. Where penuitted; an agricultural building shall not be used for human habitation, processing, treating or packaging of agricultural products, nor shall it be a . place used by the public. F. Accessory UsesCargo Containers.- 1. Not Permitted. Ne- eCargo containers -ai c r -sea ti-- truck tram- shall not be used for a storage Neil- ity other use within thean ningu ,- distrietresidential, dist-r-i- et,er- the- -B -1., or B- 2 zoning. otherdistrictss for not-more than two consecutive weeks at any one-± -time. 2. Permitted. Car ,o containers and /or semi- truck trailers are allowed as an accessory use to a permitted business in the SCC, LCC. AS, GC. RD. than the -M -1 er-and M -2 zoning districts. • a. Provided, all refrigerated cargo containers or semi -truck trailers that are not located within a designated loading dock or loading bay shall he located no less than 50 feet from an' existing residential zoning district. Section 5. Section 15.04.160 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.04.160 Placement of mobile /manufactured homes in residential districts. A. Purpose. The provisions established herein are intended to assure that the siting of manufactured homes is harmonious with the surrounding residential uses and preserves the • general character and integrity of the neighborhood.. B. Table of Review Requirements for Mobile /Manufactured Homes. Table 4 -3 titled "Review Requirements for Mobile /Manufactured Homes" is incorporated as a part of this -section. The table indicates in which residential districts mobile /manufactured homes may be permitted as a Class (1), (2) or (3) use. All manufactured homes on individual lots are subject to the specific conditions of subsection C of this section and the applicable review procedures of YMC Chapters 15.13, 15.14 and 15.15. C. Siting Standards. All manufactured homes shall be installed in compliance with applicable codes. In addition, manufactured homes installed in the residential districts, not in manufactured home parks, may be required to meet the following siting standards: 1. Roof Slope. Roof slope shall be not less than a two -foot rise for each twelve feet of horizontal run. • DOC. INDEX • AA -I 31 2. Roofing Materials. Roofing materials shall be compatible in appearance with surrounding site -built homes. 3. Siding Materials. Siding materials shall be wood, masonite, or other material compatible with surrounding site -built homes. • 4. Pit Set. Manufactured homes shall be "pit set" with first floor elevation no more than twelve inches above finished grade. The pit shall be of sufficient depth to accommodate eighteen • inches clearance below the frame of the unit with crawlspace access located near utility .connections. The foundation shall be installed in compliance with the requirements of the • Washington Administrative Code. Skirting or side walls shall be installed around the perimeter and the tongue and axle shall be removed. D. Replacement • of a Nonconforming Mobile Home on an Individual Lot with Another Mobile Home or Manufactured Home. 1. Type (1) review shall be used to replace a nonconforming mobile home with another mobile home that is newer and the same size. 2. Type (1) review shall also be used to replace a nonconforming mobile home with a manufactured home. 3. Type (3) review shall be used to replace a nonconforming mobile home with another mobile home that is larger size. A nonconforming mobile home cannot be replaced•with an older •mobile home. • a. The replacement mobile home shall meet all Washington State Department of Labor and Industries (L &I) improvement criteria before the mobile home can be moved to the replacement location site, which is limited to an existing manufactured home park. • b. Verification provided to the appropriate jurisdiction of said improvements and inspections by L &I shall be provided before said replacement. E. Replacement of an Existing or Approved Manufactured Home on an Individual Lot with Another Manufactured Home. Type (1) review shall be used to replace an existing or approved • manufactured home with another manufactured home that is newer and the same size or larger. The modification provisions of YMC Chapter 15.17 shall be used to replace a manufactured home with another manufactured home that is smaller. • F. ;Siting. M'1ny manufactured homes —which is constructed after June 15, 1976,--and which complie -sv with the following requirements may be sited in the same manner. and subject to the same conditions, as a site -built home. notwithstanding. any other YMC Title 15 proy°isionsrequircments of this Title to the contrary notwithstanding 1. Is a new manufactured home which has not been previously titled to a retail _purchaser and is not a "used mobile home" asdefined in RCW 82.45.032(2); 2 Is set upon a permanent foundation, as specified by the manufacturerCi y of Yakima_, and the space from the bottom Of the home to the ground is enclosed by concrete or an approved concrete._product, which can either be load bearing or decorative; 3. Is in compliance with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located 4. Is therrnally eduivalent to the state energy code; and. • 5. Meets all other requirernc.nts for a designated manufactured home as defined in RCW 35.6 3.160. DOC. • INDEX 32 g AA Table 4 -3 — Review Requirements For Mobile/Manufactured Homes Previously Titled • A • pproved or_Existing On Individual Approved or Existing Mobile Home Parks Manufactured Home Lots Subdivisions SR R1 R2 R3 Mobile Homes 1 Single -Wide (not meeting YMC 15.04.160(C) 1 2 2 3 3 Single -Wide (meeting YMC 15.04.160(C)) 1 1 1 3 2 2 })oub1eMulti -Wide (not meeting YMC 1 1 2 3 3 15.04.160(C)) bu3leMulti -Wide (meeting )-LIV1C 1 1 1 2 2 2 15.04.160(C)) *Refers to definition in YMC Ch,apt r 15.02 1 = Type (1) Permitted Use 2= Type (2) Requires an Administrative Review and approval by the Administrative Official (YN'1C (h. 1 5.14) 3 = Type (3) Requires a Public Hearing and Approval by the Hearing Examiner (YMC Ch._15.1521 = Not Permitted Section 6. Section 15.05.020 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.05.020 Site design requirements and standards. A. Table of Site Design Standards and Subdivision Requirements. The provisions of this chapter and the requirements in Table 5 -1 and Table 5 -2 are established for all development in the zoning districts indicated. B. Development on Nonconforming Lots. Development on nonconforming lots is governed by this section and YMC 15.19.040. Except as limited by this title, any permitted use may be allowed on any lot legally created prior to the adoption of this title. Such development and structures are subject to the following additional provisions: 1. Detached single - family dwellings erected on nonconforming lots must meet the following criteria: a. The setback dimensions of the structure conform to the regulations of this title; b. The lot has at least twenty feet of frontage on, or a minimum twenty- foot -wide access easement to, a public or private road; c. All other site design and development criteria other than the lot size requirements of Table 5- 2 are met. 2. Zero lot line, common wall, or duplex, development may be permitted on such lots in the R -2, R -3 and B -1 districts only if the conditions of subsection (B)(1) of this section are met. 3. Multifamily development may be permitted in the R -2, R -3, B -1, CBD and GC districts only if the criteria of subsection (B)(1) of this section are met. 4. Zero lot line, common wall, duplex or multifamily development are not allowed on such lots in the SR and R -1 zones unless such development is the replacement or reconstruction of a destroyed or damaged existing use, as defined in YMC 15.19. 5. Any permitted use or structure may be placed on a lot that is nonconforming as to width and/or lot area in the industrial and commercial districts, but only if the criteria of subsection (B)(1) of this section are met.. C. Maximum Lot Coverage. Maximum lot coverage is the percentage of net land area of a site that can be covered with structures and other impervious surfaces. The maximum lot coverage in each district is shown in Table 5 -1. DOC. INDEX 33 # AA ' I • In the SR and R -1 districts, this standard is intended to protect the open character of each • district, and ensure that land is available to accommodate septic tanks and drainfields. The intent in the R -2 and R -3 districts is to provide areas for landscaping and recreation. Maximum lot coverage requirements in the commercial districts are intended to promote development • consistent with the character of the district, protect setbacks, and provide the opportunity to integrate open space and landscaping plans into the design and placement of the structure and off- street parking. D. Structure setbacks are the minimum structure setbacks permitted in a particular zoning district with Type (1) review. In the residential districts, structure setbacks are intended to provide privacy, light, air and emergency access. Setbacks along easements and rights -of -way are intended to minimize the impacts from traffic on adjoining property owners. In_ the commercial districts, building setbacks provide visual clearance along streets and areas for sitescreening and landscaping. Structure setbacks are required in the industrial districts to provide fire protection, emergency access, and to reduce impacts on adjacent districts of lower intensity. No structure shall be built or located on or in an easement. The use of an access easement by a structure shall only be allowed upon vacation /alteration of the easement in accordance with provisions established in the city /county subdivision ordinance. The standard structure setback in each . district is shown in Table 5 -1. E. Setbacks for Residential Accessory Structures. The minimum setback for residential accessory structures in the residential districts shall be at least five feet from the side property line, five feet from the rear property line, and up to, but not within, the required front yard; provided, that the accessory structure(s) shall not encroach on a public easement and applicable • street setbacks are observed. In the residential districts an accessory structure not requiring a building permit may be placed up to the side or rear property line if the structure will not encroach on a public easement and applicable street setbacks are observed. F. Maximum Building Height. Maximum building height is intended to maintain building heights compatible with the character and intent of the district. The maximum building height in each district is shown in Table 5 -1. G. Fences and Walls— Standard Height. The following provisions shall govern the location and height of fences and walls: 1. In the front yard: fences and walls may be placed on or behind the property line. However, no fence or wall shall exceed four feet in height within the required front yard setback area. In residential districts, six feet shall be the maximum height in the front yard behind the required setback. See Fi <Jure 5 -1, Tv ical Residential Fence :Location. In commercial and industrial districts, eight feet shall be the maximum height in the front yard behind the required setback. 2. In the side yard and street side yard: fences and walls may be placed on or behind the property line. IIowc :la- -- shall exec €1 4eu-r- feet -i-n- ]eight withitrtlhe-- req±ir -ec4 si- de- yard- setl3aele- area -fr-em a- street. In residential districts, six feet shall be the maximum height, provided that no six foot street side yard fence shall extend past the front corner of the dwelling into the front vard or he located within the clearview triangle behind the regui -red -- street se. iae and- -in side yam- not - bordering a street. See Figure 5 -1, Typical Residential Fence Location. In the commercial and industrial districts, eight feet shall be the maximum height -13eh4 €Lthe requited- street --se b ack and side yards-net bordering a street.. 3. In the rear yard: fences and walls may be placed on or behind the property line. In the residential districts six feet is the maximum fence or wall height in the rear yard; provided, that DOC. INDEX " AA - 34 when the rear yard abuts a designated arterial, the maximum height shall be eight feet. Eight feet is the maximum rear yard fence height in the commercial and industrial districts. 4. Within the clearview triangle: no fence, hedge or wall, exceeding 2.5 feet in height, shall be placed in the clearview triangles established in YMC 15.05.040. 5. Fences over six feet in height: All fences over six feet in height shall meet the provisions of the International Building Code. 6. Fence height in combination with a retaining wall: No combination of a fence and retaining wall shall exceed a height of ten feet, measured from the lower elevation, except, • existing retaining walls at the time of the passage of this title will be allowed a three- and -one- half -foot fence above the retaining wall. ROADWAY C NTERCJNE C1EARNEW 7R/ANG1E 4WOONNTFENCE PROPERTY - c HOUSE T/E,GNT 1 45' FRONT �.' ,•1 S7RUC71/RE SETBACYC .� 1_40' 9DE STRUCTURE 1 SMACK _ PltmERTY • Figure 5-1 Typical Residential Fence Location H. Access Required. All new development shall have a minimum of twenty feet of lot frontage upon a public road or be served by an access easement at least twenty feet in width. The purpose of this standard is to provide for vehicular access to all new development; provided, the construction of single - family and two- family dwellings on existing legally established lots is exempt from the requirements of this section. I. Recreational Screen. A recreational screen is a protective device for recreational purposes designed to keep recreational equipment within or outside of a designated area. Such uses are typically associated with schools, parks, golf courses, swimming pools, ballfields, and playgrounds. The specific standard for screen height in Table 5 -1 does not apply to recreational screening as established by this title. The height and materials for screens will be evaluated by the administrative official based on the need, safety requirements, and relationship to residential and commercial properties and streets. J. Sidewalk Requirement. Sidewalks on one side of the street are required with new construction (except single - family structures). A sidewalk is required if one exists within two hundred feet of the development on the same side of the street. Replacement of existing sidewalk • is required only if existing sidewalk presents a safety hazard, except that for applications under DOC. 4 INDEX 35 • the jurisdiction of the city of Yakima, the provisions of Title 12 of the Yakima Municipal Code shall prevail over the provisions of this section to the extent of any conflict between such provisions. K. Swimming Pools. Swimming pools are permitted as an accessory. use to: dwellings, hotels /motels, boardinghouses, retirement homes, other residential uses, schools, and recreational • facilities when all of the following provisions are met: • 1. Setbacks. a. Front yard: The swimming pool, apron, and pumphouse meet the required front yard setback in Table 5 -1. b. Side and rear yard: The swimming pool and pumphouse are set back at least three feet from, the property line. The swimming pool apron may extend up to the property line. c. From an easement: The swimming pool, apron, and pumphouse may extend up to, but shall not encroach upon, an easement. 2. Fencing. The area around the pool is enclosed by a protective fence not less than four feet in height. L. Development within the State Fair Park. The following structures may be developed, maintained, altered, expanded, or erected within the State Fair Park without further zoning review provided such development is consistent with YMC 15.04.200(C), Allowable Uses, SEPA mitigation where required, the development standards of this code and other construction permit requirements: • 1. Administrative and operational offices. 2. Auditoriums, meeting and exhibit halls. 3. Bars and drinking facilities. 4. Campgrounds. 5. Caretaker and/or employee residential quarters. • 6. Equestrian facilities. • 7. Exposition structures. 8. Grandstand facilities. 9. Libraries and museums. 10. Livestock barns. 11. Motorized sports facilities. 12. Parking facilities. Section 7. Section 15.05.030 of the City of Yakima Municipal Code is hereby amended to read as follows 15.05.030 Creation of new lots— Subdivision requirements. A. Table of Subdivision Requirements. The provisions of this section and the requirements . • set forth in Table 5 -2 are hereby established for all subdivisions in the zoning districts indicated. In the case of conflict between the text and tables,.the text shall govern. Additional subdivision requirements are established in YMC Title 14. B. Maximum Number of Dwelling Units Permitted Per Net Residential Acre. Maximum • number of dwelling units permitted per net residential acre is used to determine the maximum number of dwelling units permitted within a single subdivision, short subdivision, mobile home park, multifamily development, or planned residential development. This standard is intended to: • DOC. INDEX 36 • • # AA-) 1. Assure that residential densities in new subdivisions, multifamily developments, or planned residential developments are compatible with the existing or planned level of public services and the density of the zoning district; 2. Permit the clustering of dwelling units (when clustering occurs, open space shall be provided in accordance with YMC 15.09.030); and 3. Permit a variety of residential dwelling types within a development. The following formula shall be used to determine the, maximum number of dwelling units permitted for any particular 'subdivision, short subdivision, mobile home park, multifamily development or planned residential development: THE MAXIMUM NUMBER OF UNITS PERMITTED ON A SITE = (the total site area in acres) — (the area of streets, rights -of -way, and access easements, in acres) X (the maximum number of dwelling units permitted per net residential acre). Any fraction of dwelling units shall be rounded up to the next highest whole number. Once approved under the provisions of this title, no subdivision, resubdivision, or short subdivision shall be further modified or divided in a manner that will raise the density of the subdivision beyond the maximum number of dwelling units permitted per net residential acre by Table 5 -2; provided, that development exceeding the maximum number of dwelling units per net residential acre may be allowed in the R -1 and R -2 districts as a Class (3) use in accordance with Table 4 -1. This higher- density development shall be allowed only on those limited occasions when, after Class (3) review, the hearing examiner finds that the location and site plan of the project is such that the higher density would be compatible with neighboring land uses and the level of public services, and is consistent with the goals and objectives in the Yakima urban area comprehensive plan. • The application of this provision shall not prohibit the subdivision of land already developed with more dwelling units than would be permitted by this section when: 1. The lots created meet the lot size and lot width requirements established in Table 5 -2; 2. The existing structures meet the building area and setback requirements in Table 5 -1; and 3. No new dwelling units are built. C. Minimum Lot Size. Minimum lot size is the smallest lot size permitted in a particular zoning district when land is subdivided, short platted, resubdivided, or when lot lines are . adjusted. No lot shall be created that is smaller than the applicable minimum lot size standard established in Table 5 -2. 1. In residential districts, this standard is intended to maintain the residential character of the area and will vary by dwelling type, the suitability of the land for development, and the type of water and sewer system. The following are the minimum lot size requirements in the residential districts, except when the Yakima health district determines that a larger area is necessary for the safe installation of approved water supply and sewage disposal systems: Situation Required Minimum Lot Size In the floodplain, airport, One acre (provided the minimum lot size of the underlying zoning and greenway overlay district shall apply, when, in the opinion of the reviewing official, the districts: lot has a buildable area outside the overlay district and a plat restriction prohibits development on that portion of the lot within the overlay district). DOC. INDEX 37 8 AA -I • • Individual water system and • individual sewer system: One -half acre. • Public or community water system and an individual sewer system: 14,500 square feet. Individual water system and the regional or an approved community sewer system: 9,600 square feet. • • Public or community water system and the regional or •an approved community sewer system: See Table 5 -2. 2. The smaller lot size for zero lot line, attached, and multifamily dwellings does not permit an increase in the maximum number of dwelling units per net residential acre established in subsection B of this section. Any lots created for zero lot line, attached, and multifamily dwellings shall be so designated on the face of the plat or short plat. 3. In the local business district, the minimum lot size is intended to maintain the character of the district and provide adequate space for off - street parking and landscaping. • 4. The minimum lot sizes in the small and large convenience center districts and industrial districts are intended to accommodate the large uses permitted in these districts and maintain • vacant land in relatively large parcels that can be easily assembled when development is proposed. • D. Standard Lot Width. Standard lot width is the minimum lot width generally permitted in a particular zoning district. The intent of this standard is to prevent irregularly shaped lots along, and to control access to, rights -of -way. E. Concurrent Subdivision and Zoning Review Required. Any application for a long subdivision which proposes a use or configuration of land or improvements requiring Class (2) or (3) review under this title shall, at or prior to the filing of such application, also file an application for, such review under this title. Such application shall be heard by the hearing • examiner concurrently with the subdivision application using the procedures for Class (3) review. • • • • DOC. • INDEX ii • RA- I 38 • Table 5 -1 Design Requirements And Standards TABLE 5 -1 DESIGN REQUIREMENTS AND STANDARDS SITE DESIGN REQUIREMENTS AND . ZONING DISTRICTS STANDARDS SR R1 R2 R3 HB BI B2 SCC LCC CBD GC AS RD MI M2 DEVELOPMENT ON EXISTING LOTS OR PARCELS See Sections 15.05.020 and 15.19.040 LOT COVERAGE' 45% 50% 80% 85% 90% 100% Arterials 2 60 40 Collector Arterials 2 50 30 Local Access 2 45 50 ft. FRONT •30 €t: Private Road 2 37.50 ?0 €t Private Access Easement 10 • Arterials 2 50 40 Collector Arterials 2 Local Access ? 40 30t- Mi +o-EL c.al Access -' 20 -l't.- j Private Road =' 32.50 Private Access Easement U SIDE • ` Alley, or Property 5 0 Line - ' Q 1 - Q 15 ft 20 ft 30 Residential District "a 5 ,j Q 20 • or 1/2 building height whichever is greatest Alley or Property Line . 0 45 ft REAR Residential District 4-' 15 20 15 15 � 30 . 20 or 1/2 building height whichever is greatest MAXIMUM BUILDING HEIGHT in feet) s 35 50 I 35 50 N/A 50 N/A STANDARD FENCE HEIGHT 4." See ,YMC 15.05.020(G) STANDARD In Required Front Setbacks Not Permitted SCREEN Behind Required Front Setbacks 15 HEIGHT In Required Side and Rear Yards NOTES: 1. L _ndscapin2 mak he required pursuant to YMC Ch_ 1.5.06. 2. The setback is Mmeasured from the centerline of rights -of -way (or access easement. in the case of private roads). In the Re identl it districts, the minimum front yard setback in -the- -limos- ident1'11- distriets -shall be 20 feet from the front property line and the minimum side yard setbacks i-n - the--R.csident+al- districts shall be 10 feet from the side property line abutting the right -of -way. • _,;applies to- a- pr-i•vate- road - within- a- dedieateck ri- th+-of w ^er an ac= e-ess- easetnei -wi4h 4n- the -- alignment- c +fi•- a - -pul lie ,+i- eet4-The setback is mMeasured from the centerline .nom -Fitht f--j ay or- easement. W'hetr- t-he -r +get -of-+t• e*eeed. 60 feet :' cs. the minimum - .: '3-the residentiai district; sl rail-- be- 2-0- feet-4ie 1 the- ed-ge- Of F+�1 -{if way H3 =-ease neat- a+td -- the tninirn - say #e- yar {l-- setback --in -the re4+i-lerrtia4- d+stric-ts- 3al1 -be-1-0 -feet from- The- ed-ae- cif- 4114t- of-way of -eases ent-ed 'e of the access easement. 4. Measured from abutting residential district. 5. Additional setbacks may be required to conform to site - screening requirements in YMC, _Gbapte3-- Ch-.-15.07. • DOC. • INDEX 39 • 6. The rear setback from arterials, collectors, and local access streets shall be the same as the front yard setback • requirements from arterials, collectors, and local access streets, provided the required rear setbacks shall not be less than the required setbacks from the property line. See also Note 3:1 G.; - Zero _ lot line _ ands E-4tmmrf4rl- -wit I dwellin units are allowed :t zero foot Setback trom one side prt)pe:.rty line not abutting a right -of -way. (Sec- YMC Ch. 15.09). — 1 u3thet hv^}abt- restFi cif)i3ti- i }1a3-- be- H33-)E}',ed -13 `tlie -r'W irn 11ati e--O# iLF:31 a the Ltest et_the•r \21'pe1t Mth el: tSe XA1 ( =l3 d5.3d. Air}3c�r fete veil ay-) • Table 5 -2 Subdivision Requirements Table 5 -2 Subdivision Requirements Zoning Districts • Subdivision Requirements SR R1 R2 R3 JIB :IIB B2 SCC LCC CBD GC AS RD M1 M2 • 1 1 Maximum Number Of Dwelling Units Permitted See YMC Ch. 15.04, Table 4-1 Per Net Residential Acre Detached S.F. Dwelling Per 7,000. 6,000 • 4 Ertl) U S.F.•Dwellings, Zero Lot Line o N v U { �ti33' �� t}tt) (. ) En ,^ P 5,000 4,000 ,et?_.000 Where Permitted o S_.3. Dvelliml,...Common Wall • fieFE±t4t 0 Two - Family Dwellings 8,000 7,000 z • E (Duplex-) fz" q Multifamily Dwellings And I'D Density May Not Exceed Maximum Number Of - Residential Dwelling Units Permitted Per Net Residential Acre . 110 (6i) Permitted Nonresidential Uses . 10,000 5,000 10,000 None '/ Acre • ALL Except Common Wall -1-00 60 Standard Lot Dwelling (Per Unit) 7 -5 None Width (2) (iu feet) Common Wall Dwelling (Per O Unit) 50 35 3Nt5 Where Permitted NOTES: 1. • In the Residential Districts, these minimums apply when lots are served by a public or community water system and either the regional or approved community sewer system. 2. The lot width at the rear line of the required front yard shall not be less than 50 feet. (Note: this provision only applies to those districts with a minimum lot width of 50 feet or larger.) Per treat n< =_ft- •parcel, there -- nest -be eoniained within the -p':. - , - -- 2. -1 of ' id h tna' be- redttced--t o- 60- feet-in- th- e- Subufbafi- R'rdentia -1 fstr- ietwhen -t-he- kits - -ale serv=ed- to >,--ft f3ul>lic of eorninunity -v, titer syste.n3- :tip - either -Elm retifmal or- appre- yted- e_rrn rriu rftty --se r s -ystei 43._One acre shall be the minimum lot size in Residential Districts within the Floodplaini and Gat4way- Oreenwav Overlays -Districts. • 4. See Special Development Standards' for Zero Lot line Development, Seetie-mYMC 15.09.040.. 6:5. Lots created for utility purposes may he created below the minimum lot size listed in YMC: Ch. 15.05. Table 5- 2 as 100.1 as the lot -_.:is clesicnateds "nonbtnidable lot for utility_ purposes" on the face of the_ plat and the propo_ed lot is reviewed for compatibility. lot must still meet the minimum lot width established in YMC Ch. 15.05. Table 5 -2; and structures built on the lot must still meet the ~aback requirements in YMC Ch. 15.05. Table 5 -1.. • • DOC. INDEX 40 • Section 7. Section 15.06.040 of the City of Yakima Municipal Code is hereby amended to read as follows 15.06.040 Off - street parking standards. A. Table of Required Off - Street Parking. The parking standards in Table 6 -1, Table of Off - Street Parking Standards, are established as the parking standards for the uses indicated. These parking requirements are based on gross floor area. "Gross floor area" means the total square footage of all floors in a structure as measured from the interior surface of each exterior wall of the structure and including halls, lobbies, enclosed porches and fully enclosed recreation areas and balconies, but excluding stairways, elevator shafts, attic space, mechanical rooms, restrooms, uncovered steps and fire escapes, private garages, carports and off - street parking and loading • spaces. Storage areas are included in gross floor area. However, the required off - street parking for storage areas shall be calculated at the rate of one space per five hundred square feet rather than the specific parking standard established in Table 6 -1; except, when the parking standard for the principal use would require fewer parking spaces (i.e., one space per six hundred square feet.) All required off - street parking shall be subject to the procedures of this title and the standards of this section. B. Uses Not Specified. Off - street parking requirements for uses not specifically listed in Table 6 -1 shall be determined by the reviewing official based upon the requirement for similar uses. C. Downtown Business District Exempt. The Downtown Business District of Yakima, as shown in Figure 6 -1 and hereby adopted as a part of this chapter, shall be exempt from the provisions of this chapter as they relate to the number of parking spaces required, except that this exemption shall not apply to property that is used for residential purposes, and further provided that all the other requirements of this chapter shall apply to any parking provided by the applicant. FIGURE 6-1! DOWNTOWN BUSINESS EARiQNG i t 1 - ' - �4 - _S� I T 1 Y t r , ll ` � � ip r� - ., 1 ff t o - t A ,, A� y \ - I ' '_,\_ f 7 1 L ,t' '% a . f ilt' , DOC. INDEX 41 AA -( • i • • • TABLE 6 -1 TABLE OF OFF - STREET PARKING STANDARDS LAND USE PARKING STANDARDS . • AAGRICULTURE (COMMERCIAL) Agriculturally related industriesce for each employee based on the maximum working at any given shift; . 1 space for each 300 square foot of gross floor area for packing and processing areas; or, • 2 spaces for the first 1,000 sq. ft. of gross floor area, plus 1 space for each additional 5,000 sq. ft. for CA storage, warehouse, and refrigeration areas, whichever is deemed more appropriate by the reviewing official. AMUSEMENT AND RECREATION Gamelrooms, card rooms, electronic game rooms 1 space for each playing table, for every each 3 seats or eathevery 3 machines, whichever is greater . 'Horse racing tracks, speedways, grandstands 1 space for each 3 fixed seats or 54" of bench seating 'Bowling alleys 5 spaces Gymnasiums, exercise facilities I 1 space for each 2 -100 sq. ft. of gross floor area Parks (public or private) 10 spaces per acre 1'or passive recreation; 20 spaces per field for active recreation 'Roller and or ice skating rink 1 space for each 150 sq. ft. of skating surface area Swimming pools [ 1 space for each 50 sq. ft. of water surface area = I Movie theatres 1 space for each 4 seats I 'Golf Course 5 spaces per green and 1 space per 300 sq. ft. of gross floor area 'Golf Driving Range 1 space per tee or 1 space per 15 feet of driving line, whichever is greatest ' Auditoriums, exhibition halls, cCommunity eGenters, fraternal 1 space for each 100 sq. ft. of gross floor area I organ cation . • • COMMUNITY SERVICES Churches, synagogues, temples, and funeral homes 1 space for each 3 fixed seats (or 54" of bench type seating) 1 space for each 40 sq. ft. of general reception/gathering area • • 'Convalescent, nursing and group homes 1 space for each 2 beds 'C-Jt a ai Sso ;r-13 cil-ity 14 -spae or-- eaish- hekiroorn -e i- s -leel ingi— aFea- ant4 -4 - -sp tee -pe-t- employee Fire and police stations 1 space for each 200 sq. ft. of gross floor area Halfway house (detention center) 11 space for each 2 beds . 'Hospital 1.5 spaces for each bed Schools: Primary, Elementary 3 spaces for each classroom, or 1 space for each 3 seats (54" bench type seating) in the assembly area, whichever is greater Junior, Senior Same as Primary/Elementary and 1 space for each 4 students over 16 yrs. Old DOC. • IND 42 • 'Junior or community colleges 1 space for each 400 sq. ft. of gross floor area I 'Juvenile detention centers 1.5 spaces for each bed I Libraries 1 space for each 100 sq. ft. of gross floor area I Museums, art galleries • 1 space for each 100 sq. ft. of gross floor area Prescljools, day -care centers 1 space for each employee + I space for each 6 children I Vocational and business schools 1 space for each 400 sq. ft. of gross floor area MANUFACTURING (MASS PRODUCTION) All uses listed under manufacturing in Table 4 -1 . 1 space for each employee per maximum shift I RESIDENTIAL I Acces4Sory Dwelling Unit =Single family dwelling I space 2 spaces . 'Two- family dwellings y4 spaces • 'Multifamily dwellings (10 units or less) 2 spaces per dwelling - '(more than 10 units) (1.5 spaces per dwelling • Retirement homes 11 space for each dwelling unit Pl.r}}n c1 De lepfnents See- P-lttnned -Dev Joprnen•t- Ordinenee t_ iMf 1 -SAS -) • 'RETAIL TRADE AND SERVICES I • 'Addressing, mailing, and stenographic services . 1 space for each 300 sq. ft. of gross floor area I 'Advertising agencies 1 space for each 300 sq. ft. of gross floor area I 'Automobile and truck, manufactured homes, travel trailer sales I 1 space for each 500 sq. ft. of showroom and 1 space for each 1,000 sq. ft. of retail sales floor area I . Automotive: Automobile maintenance and service shops 2 spaces per service area including work bays . Car wash 6 spaces per wash bay Car wash, self service • 1 space for each 1,000 sq. ft. of gross floor area • Paint and body repair - 2 spaces per service area including work bays Specialized repair shops (battery, radiator, etc.) 2 spaces per service area including work bays Wrecking and dismantling yards 1 space for each 500 sq. ft. of gross floor area Beauty and barber shops 1 space for each 75 sq. ft. of gross floor area 'Bed and Breakfast Inn 1.1. spaces for each guest room I Building and contractors 1 space for each 800 sq. ft. of gross floor area Coffd restaurant / stand with or without drive - through 1 space for each 50 sq. ft. of gross floe tweupubl is seating area, including outside seating and 1 space for each employee 'Drug stores 1 space for each 200 sq. ft. of gross floor area DOC. INDEl 8 t ill 03 111 • • • Employment agencies (private) 1 space for each 200 sq. ft. of gross floor area Espre4;solcof lee stand with or without drive: -thru 1 pace for each 50 sq. ft. of w oss Floor area. including outside seating. and one space for each employee •Farm.supplies 1 space for each 800 sq. ft. of gross floor area Florist 1 space for each 500 sq. ft of gross floor area Financial institutions • 1 space for each 200 sq. ft. of gross floor area Furniture, home furnishings, appliances 1 space for each 800 sq. ft. of gross floor area Gas station • 1 space for each 300 sq. ft. of gross floor area Hardware store 1 space for each 300 sq. ft. of G.F.A. of structure & permanent outside display sales area Heating and plumbing equipment stores 1 space for each 400 sq. ft. of gross floor area . . Heavy equipment, tractor, and-farm equipment repair • • 1 space for each 300 sq. ft. of gross floor area . • Home occupations See YMC 15.04.120(E)(1) • Household appliance, small engine, TV and furniture repair il space for each 300 sq. ft. of gross floor area . Insurance agents, brokers and service agencies 1 space for each 200 sq. ft. of gross floor area Liquor stores 1 space for each 300 sq.- ft. of gross floor area •. Lumbkr yards 1 space for each 8400 sq. ft. of gross floor area of structure and covered storage area Nursery _ 1 space for each 400 sq. ft. of G.F.A. of structure & permanent outside display & sales area • Medical and dental laboratories, offices, and clinics 1 space for each 200 sq. ft. of gross floor area Motels and hotels '1.2 spaces for each guest room Multiple use centers (3 or more uses with shared parking) . —having less than 25,000 sq. ft. of gross floor area 1 space for each 300 sq. ft. of gross floor area — having 25,001 = 400,000 sq. ft. of gross floor area 4 spaces for each 1,500'sq. ft. of gross floor area . • — having 400,001-600,000 sq. ft. of gross floor area 5 spaces for each 2,250 sq. ft. of gross floor area . '— having 600,001 + sq. ft. of gross floor area 6 spaces for each 2,750 sq. ft. of gross floor_ area - Paint, glass, and wallpaper stores I space for each 400 sq. ft. of gross floor area Professional office building for use by accountants, attorneys, etc. 1 space for each 200 sq. ft. of gross floor area • . - Radio and TV studios, offices 1 space for each 300 sq. ft. of gross floor area . Real estate offices 1 space for each 200 sq. ft. of gross floor area • Residential mini - storage 1 space for each 300 sq. ft. of gross floor area of office space Resta�nant, cafe. and drive -in eating facilities 1 space for each 50 sq. ft. of indoor public flour area. and l space for each 200 sq. Ft. of outdoor public eating area Retail service establishments in Table 4 -1 but not listed in this 1 space for each 300 sq. ft. of gross floor area table DOC. INDEX AA-I 44 • • Retail trade establishments in Table 4 -1 but not listed in this table — less than 25,000 sq. ft. of gross floor area 1 space for each 300 sq. ft. of gross floor area • — 25,001- 400,000 sq. ft. of gross floor area 4 spaces for each 1,500 sq. ft. of gross floor area — 400,001- 600,000 sq. ft. of gross floor area 5 spaces for each 2.250 sq. ft. of gross floor area — 600,001 + sq. ft. of gross floor area 6 spaces for each 2,750 sq. ft. of gross floor area 'Service stations 12 spaces for working /service area, including bays 'Shoe repair and shoe shops 1 1 space for each 300 sq. ft. of gross floor area 'Taverns and bars, dine, drink, and dance establishments 11 space for each 75 sq. ft. of gross floor area [Waste material processing and junk handling 1 space for each 500 sq. ft. of gross floor area • 'TRANSPORTATION Bus terminals, storage and maintenance facilities 1 space for each 300 sq. ft. of gross floor area Air, rail and truck terminal 111 space for each 300 sq. ft. of gross floor area Taxicab terminals, maintenance d dispatching centers 11 space for each 300 sq. ft. of gross floor area UTILITIES [Utility services 111 space for each 800 sq. ft. of gross floor area 'WHOLESALE TRADE • Wholesale . e warehouses 1 space for each employee based on the maximum working at any given shift; or 1 space for each 300 square foot of gross floor area for packing and processing areas; 2 spaces for the first 1,000 sq. ft. of gross floor area, plus 1 space for each additional 5,000 sq. ft. for CA storage, warehouse, and refrigeration areas; whichever is deemed more appropriate by the reviewing official. 'Residential mini - storage 'See residential mini - storage under retail and service category • How to Use Table 6 -1: 1. Calculate the gross floor area for the structure. (See YMC 15.06.040 to determine gross floor area). 2. Determine the amount of gross floor area used for storage rooms. 3. Required off- street parking for storage is one space per 500 square feet. 4. Find the proposed use in Table 6 -1 . Example: — The gross floor area of the structure is 3,000 sq. ft. 1,000 sq. ft. of the structure is used for storage. The parking standard for storage rooms is one space per 500 ft. (YMC 15.06.040). 1,000 + 500= 2 off - street parking spaces for the storage area. — The proposed use is a shoe shop. According to Table 6 -1, shoe shops require one off - street parking space for each 300 sq. ft. of gross floor area. 2,000 + 300= 6.6 or seven spaces since fractions of parking spaces are rounded up (YMC 15.06.050(B)). — The total required off - street parking of this use is: 2 spaces (for storage area) + 7 spaces (for the rest of the gross area) = 9 spaces DOC. INDEX • • Section 8. Section 15.06.065 of the City of Yakima Municipal Code is hereby amended to read as follows 15.06.065 — Driveway Locations All proposed or modified driveway approaches shall be shown on a general an-E1--or detailed site plan. The driveway locations shall conform to the following standards: A. No driveway approach shall be so located as to create a hazard to pedestrians or motorists, or invite or compel illegal or unsafe traffic movements; B. No driveway approach on a Local Access Street may be located closer to the street intersection corner than 30 feet as measured from the property line at the corner; C. No driveway access to an Arterial Street shall be located within 75 feet (measured along the arterial) of any other such Arterial street access on the same side of the street; D. No driveway access shall be allowed to an Arterial Street within 75 feet of the nearest right- of-way line of an tin- signalized street intersection; E. internal driveways shall be paved and be a minimum of .1.2 -feet wide for one-way travel and. • 20 -feet wide for two -way travel. or wider if required by the International Fire Code. F. Driveway access shall be limited in the vicinity of a signalized street intersection. No driveway shall be permitted within 100 feet of a signalized intersection, as measured from the right -of -way line. Any driveway within 200 feet of the right -of -way line of the intersection shall be restricted to right turns only; I=G. The construction of new driveway approaches from a public street or a modification of an • 41) existing driveway approach requires a construction permit pursuant to YMC Ch. 8.64 for the specifications of the driveway approach; • Ci.I.I... Adjustments from this section may be approved if the modification is reasonable and necessary, and does not create an unsafe condition for motorists or pedestrians; and, Bd. Existing driveways in violation of these standards at the time of adoption will not be - deemed non - conforming, but re- development of the property requires any new or modified driveway to be consistent with these standards. • Section 9. Section .15.06.090 of the City of Yakima Municipal Code is hereby amended to read as follows 15:06.090 — Required Landscaping Of Parking Areas A. The standard for landscaping of parking and vehicle storage lots with five or more spaces shall be ten percent of the total parking area. This landscaping area may be included to satisfy the lot coverage (impermeable surface) requirements of Table 5 -1. B. The planting area standard where required shall be a minimum of twenty -four square feet with the exception of raised planter boxes around buildings. C. A standard of one tree from an approved list shall be planted for every fifteen single -row parking stalls or every thirty double -row parking stalls within the•parking lot. D. Landscaping shall may consist of a combination of trees, shrubs, and groundcover with careful consideration to eventual size and spread, susceptibility to disease and pests, durability, and adaptability to existing soil and climatic conditions. E. Lan dscapin5-.1 shall be located within the parking area, such as in- between parking spaces or in parkins `islands'; or around the perimeter of the parking? lot DOC. INDEX 46 • . # AA —I F. Every parking area that abuts property in any residential district shall be separated from such property by a solid wall, view - obscuring fence, landscaped berm, or compact evergreen hedge at least six feet in height. The Administrative Official may increase the height, depth, and content of said screening as necessary to adequately protect adjacent single- family residential development. The screening shall be provided and maintained along the property line of such lot. Section 10. Section 15.06.110 of the City of Yakima Municipal Code is hereby amended to read as follows 15.06.110 — Construction And Maintenance All off-street parking lots, driveways, travel ways, parking aisles vehicle storage, and vehicle sales lots having a capacity of three (3) or more vehicles, shall be constructed in the following manner: A. Surfacing. Paved with two -inch thick asphaltic surfacing on an aggregate base, or an equivalent surfacing acceptable to the Administrative Official, so as to eliminate dust or mud. Pervious asphalt or concrete materials are encouraged. B. Grading and Drainage. Graded and drained so all surface water is disposed of on -site. Grading and drainage facilities shall be designed according to accepted engineering standards and the Eastern Washington Stormwater Manual, which will require review by the City Engineer or a designee. C. Border Barricades. Any parking, vehicle storage, or motor vehicle sales area abutting the street property line shall provide a concrete curb at least six inches in height and located at • least two feet from the street property line. The curb shall be securely anchored. No curb shall be required across any driveway or entrance to the parking area, or if the parking lot is separated from the street by a fence or hedge. D. Markings. All parking spaces (except motor vehicles sales areas shall be marked by durable painted lines at least four inches wide and extending the length of the stall or by curbs or other means approved by the Administrative Official to indicate individual parking stalls. Signs or markers located on the parking lot surface shall be used as necessary to ensure safe and efficient use of the parking lot. In addition, when required all accessible parking spaces shall barrier free pair -be marked and signed in compliance with the currently adopted International Building Codete- c -e-mply with tl - - - .c.i -remorns. The owner or lessee of a required parking area shall maintain the paved surface, drainage facilities, landscaping, and irrigation facilities in conformance with the standards of this Chapter and the approved site plan. Section 11. Section 15.06.140 of the City of Yakima Municipal Code is hereby amended to read as follows 15.06.140 — Nonconforming Parking A. Any use which, on the effective date of this section or any amendments hereto, is nonconforming in terns of required off - street parking facilities may continue in the same manner as if they were conforming; however, the number of existing off - street parking spaces shall not be reduced. B. When an existing structure with nonconforming parking is expanded and additional. parking • is required, the additional parking spaces shall be provided in accordance with the provisions DOC. INDEX 47 • • Of this Chapter; however, the number of additional spaces shall be .computed only to the • extent of the enlargement, regardless of whether or not the number of previously existing spaces satisfies the requirements of this Chapter: • C._When the use of an existing lot or structure with nonconforming parking is changed to another use, listed in Table 4 -1, the nonconformity shall cease and the new use shall provide all the required off - street parking in accordance with the provisions of this Chapter. 1-lowever . this requirement may be waived by the Administrative Official for existing buildings and/or lots within the CBD or GC zoning districts. containing insufficient area to provide parking provided the following factors are taken into consideration: • . 1. ' Nevtii use has simi parking requirements to the previously 'approved use ;. 2. The availability of on- street parking; • 3. The availability of nearby off- street .parking or other opportunities to conform to the parking standard such as a shared parking agreement; and, 4. Location of the business in proximity to the downtown business district exempt area (YiMC § 15.06.040(0). Section 12. The table of contents of Chapter 15.06 is hereby modified and Section 15.06.150 of the City of Yakima Municipal Code is hereby removed to read as follows: Chapter • 15.06 . OFF- STREET PARKING AND LOADING Sections: 15.06.010 Purpose. 15.06.020 Off - street parking and loading spaces required. • 15.06.030 General provisions. 15.06.040 Off- street parking standards. 15.06.050 Computation of required spaces. 15.06.060 Location of required spaces. 15.06.065 Driveway locations. • 15.06.070 Schedule of minimum parking dimensions. • 1'5.06.080 Site plan required. • 15.06.090 Required landscaping of parking areas. 1.5.06.100 . Lighting of parking lots. _ • 1.5.06.110 Construction and maintenance. 15.06.120 Time of completion. 15.06.130 Off - street loading space required. • 15.06.140 Nonconforming parking. 6. - - '. parking. • • = 1�:Ot1 -z; €its[- i��ed- f>ftt�klr� flandicapp .d parking shall be prov 11 ton State Bax;7e e Section 13. Chapter 15.09 of the City of Yakima Municipal Code is hereby amended to read as follows • DOC. INDEX 48 • # AA • Chapter 15.09 r ' • SPECIAL DEVELOPMENT STANDARDS Sections: 15.09.010 Purpose. 15.09.020 Special development standards for the district overlays. 15.09.030 Common open space requirements. 15.09.040 Zero lot line development. 15.09.045 Accessory .Dwelling Units 1.5.09.050 Performance standards— Emissions. 15.09.060 Special development standards for service stations and other retail uses selling motor fuel. 15.09.070 Special requirements for animal husbandry. 15.09.080 Special requirements for bed and breakfast inns. 15.09.090 Special requirements for social card rooms. 15.09.100 Private street review requirements. 15.09.110 Reasonable accommodations process. 15.09.200 Adult business. • 15.09.010 – Purpose A. Purpose. The overlays are established to coordinate the provisions established in the zoning ordinance with more detailed policies and standards adopted in other plans and ordinances. Specific overlays have been established as follows: Overlay district Districts or programs Greenway Overlay Yakima River Regional Greenway Plan; Shoreline Master Program Floodplain Overlay Shoreline Master Program; National Flood Insurance Program (flood hazard areas) • Overlays established separately in this title Airport Safety Overlay (see YMC Yakima Air Terminal at McAllister Field; other Chapter 15.30) public airport with defined airspace per FAR Part 77 Institutional Overlay (see YMC Large -scale institutional facilities with special Chapter 15.31) locational needs Master Planned Development Master planned development (residential, Overlay (see YMC Chapter commercial, industrial or mixed-use 15.28) development) 4 110 • DOC. INDEX 49 ' AA- I • B. Application. The provisions of this Chapter shall apply when all or a portion of a development, or modification thereto, is proposed within the boundaries of an overlay. 15.09.020 — Special Development Standards For The District Overlays . A. Project Review in an Overlay. In order to assure the appropriate standards are applied, all Class (1) uses in an overlay unless otherwise specified shall be subject to Type (2) review. (YMC • Ch. 15.14) All Class (2) uses shall be subject to Type (2) review and Class (3) uses in an overlay district shall be subject to Type (3) review. The Administrative Official may condition or deny approval of any use, development, or modification thereto in an overlay based on the provisions set forth and adopted by this section. B: Special Development Standards in the Greenway Overlay. All development in the Greenway Overlay shall conform to the requirements and standards of the underlying zoning district and the policies and intent of the Yakima River Regional Greenway Plan. C. Special Development Standards in the Floodplain Overlay. All development in the Floodplain Overlay shall conform to the requirements and standards of the underlying zoning district, and the flood damage prevention ordinance adopted • by the county /city. •Development within shorelines jurisdiction or the floodplain shall also be consistent with the county or city shorelines master program and/or the flood damage prevention ordinance. D. Coordination with the Shorelines Master Program. If a proposed Class (2) or (3) use, nonconforming use expansion, or modification is proposed on property within the jurisdictional boundaries of the Yakima County Shoreline Master Program and is subject to permits thereof, then the proposed change shall not be subject to the procedural requirements, but shall be subject to all applicable standards. If a conflict exists between the standards of the shoreline master program and YMC Title 15, the more restrictive provisions shall apply. 15.09.030 — Common Open Space Requirements The following provisions shall apply whenever common open space is proposed by the developer, or when required by an Administrative Official under. Type (2) or (3) review as a condition of approval: A. Use. The common open space may be used for recreation; shoreline access; landscaping land use, visual, or noise buffer; drainage control; or other uses approved by the reviewing official during project review. Uses authorized for the common open space shall be appropriate with the use, size and density of the proposed development and the natural features of the site. Common open space shall be improved for its intended use, but common open space containing natural features may be left unimproved. All structures and improvements permitted in the common open space must be appropriate with the authorized use and natural features of the common open space. Common open space may be used only for those uses specified in the approved final site plan. B. Location. The location, shape, size, and character of the open space shall be suitable for the type of project. Generally, common open space shall be: 1. Located next to other open space areas; 2. Located so that it buffers the proposed development from neighboring developments; or, 3. Located to provide access to recreation facilities or link recreational facilities with sidewalks or • paths. C. Retention and Maintenance. The final site plan shall include a provision approved by the reviewing official assuring the permanent retention and maintenance of the common open space. Such assurance may be in the form of restrictive covenants, dedication of open space to the public where such dedication will be accepted by the legislative body, a homeowner's association, or any other method approved by the Administrative Official. All legal documents to - DOC. INDEX 50 AA—I carry out this requirement shall be approved by the jurisdiction's legal authority. The document shall contain a provision vesting the county /city with the right to enforce the permanent retention and maintenance of the common open space and provide that in the event that common open space is permitted to deteriorate, or is not maintained in a condition consistent with the approved plan and program, the county /city may at its option cause necessary maintenance to be performed and assess the costs thereof to the owners of the property within the project. A document shall also provide for the collection of such costs by lien and/or direct civil action. 15.09.040 — Zero Lot Line Development A. Purpose. Zero lot line development for single - family dwellings may be permitted in order to: promote efficient land use, permit a more energy efficient arrangement of structures, protect environmentally sensitive areas, or provide more usable private or community open space. B. Review Required. Zero lot line development in subdivisions and short subdivisions approved after the effective date of this ordinance may be approved by a Type (2) review. Zero lot line development may also be approved on lots created before the effective date by a Type (3) review. A site plan meeting the requirements of YMC 15.11.040 or, as applicable YMC 15.11.050, shall be prepared for all zero lot line development. C. Development Standards. All zero lot line developments shall comply with the standards of Table 5-1, and 5 -2, the provisions and the following requirements; provided, that where the standards included herein conflict with the standards established in other sections, the standards herein shall apply: 1. Dwelling Unit Setbacks: a. Interior Side Yard Setback Standard. The dwelling unit may be placed on one interior side property line (a zero setback). The setback standard from the other side property line shall be ten feet. No structures except for patios, pools, fences, walls, and other similar elements are permitted within the required setback area. b. Rear Yard Setback Standard. The rear yard setback standard is ten feet. c. Front and Street -side Setback Standards. Front and street -side setback standards shall be those shown on Table 5 -1. 2. Accessory Building Setback. Accessory buildings and structures shall observe the setback requirements for the main dwelling unit. 3. Maximum Lot Coverage. The total lot coverage on a lot shall not exceed the district requirements established in Table 5 -1. 4. Platting Requirements. Each dwelling shall be located on its own individual platted lot. The plat shall show the zero lot lines and the related easements. 5. Openings Prohibited on the Zero Lot Line Side. In order to maintain privacy, there shall be no windows, doors, air conditioning units, or any other type of openings in the wall along the zero lot line, except when such a wall abuts permanent open spaces or a public or private right -of- way. 6. Maintenance and Drainage Easements. A perpetual maintenance, eave overhang, and drainage easement at least five feet wide shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title on the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. Eaves, but no other part of any structure, may protrude across a side lot line, and such protrusion shall not exceed 18 ". Water runoff from the dwelling placed on the lot is limited to the easement DOC. INDEX # AA -1 51 • 7. Common Open Space and Maintenance Facilities. Any common open space provided shall comply with YMC 15.09.030: • • • 15.09.045 — Accessory Units • A. Purpose. The purpose of the accessory dwelling unit (ADU) provisions are to: 1: Provide homeowners with an opportunity for extra income, companionship. and security; 2. Better utilize existing infrastructure and community resources (sewer.. water, roads, etc); 3. Provide a housing type that allows flexibility to respond to changing needs and lifestyles; 4. Add to the supply of affordable dwelling units; and, 5. Protect neighborhood. character and stability by ensuring that ADUs are compatible.with . • surrounding land. uses. B. .Requirements. An accessory dwelling unit is a permitted Class (3) use, secondary to the primary use of a detached single -famil ' dwell inc, subject to all of the following conditions: 1. The accessory dwelling unit may be attached to the primary residence; or attached to or above a detached garage. 2. The front entrance to. the ADU shall not be visible from a right -of -way or access - easement. 3. Paved off- street parking shall be .provided as required in YMC Ch. 15.061 for both the • ADT./ and the primary residence, separately, located on the lot they are intended to serve. 4. The AU•s floor area shall be comprised - of not more than fifty_percent of the floor area of the )rimary dwelling unit or 800 square feet, whichever is less. For example, a pritrrary detached dwelling unit 2,800 square feet in .size would be limited to 800 square S leer. A primary structure 1,000 square feet in.. size would be limited to 500 square feet. 5 . The ADCI s exterior walls - shall be designed so as to be similar in style. color, and building materials to the primary detached dwelling. 6. The ADU shall have the same building setbacks as the )rimary structure. • • 7. A parcel /lot shall contain no more than one single - family residence and one ADU. 8. - ADUs shall not be allowed on parcels containin.G a duplex or multi - family dwelling, or a • commercial or industrial structure /use. 9. ADUs shall only he permitted on parcels /lots one - quarter acre in size or larger. 10. The primary residence and the ADU shall both be connected to public sewer and water. a. If the ADU is attached to the primary dwelling unit, the two dwelling units shall share • • a single sewer and water connection. b. If the ADU is attached to, or located above, a detached Garage. each unit shall have its own sewer and water connection, with required meters. •11. A lot containing an ADU shall not be subdivided, or otherwise segregated in ownership. in a wav that separates the ADU and the primary dwelling unit on different lots. 12. A home occupation may he allowed, subject to YMC 15.04.120, in "either the ADU or the primary unit, but not both. 1.3. The site plan for the construction or conversion of an ADU shall indicate the ADU. 14: Any exterior stairs shall be placed in the rear or side yard. 15. A deed restriction, signed by the property owner and the City, shall be recorded with the - • Yakima County Auditor's office providing notice to potential buyers of the ADU . restrictions. C. Enforcement. The City retains the right with reasonable notice to inspect the ADU for • compliance with the provisions of this section. DOC. • INDEX 52 g 6A-1 D. Elimination. The City retains the right with reasonable notice to withdraw occupancy approval if any of the requirements under subsection (B) are violated. In the event the City withdraws occupancy, the property owner may: 1. the existing ADU to the single- family dwelling; 2 If detached. use the building for storage only or remove the structure from the_pzcmises. 15.09.050 – Performance Standards — Emissions A. Purpose and Application. The purpose of this section is to provide guidelines and general standards governing emissions and miscellaneous items covered herein for use in evaluating the impact of proposed developments and .uses, or changes or alterations thereto, being considered under the terms. A reviewing official, including those engaged in Type (1) review or administrative modification review may impose reasonable conditions, or in appropriate instances deny proposed developments based on the standards and guidelines set forth in this section in order to assure that permitted uses do not generate gases, fumes, heat, glare, vibrations, or store solid waste in a manner inconsistent with the intent of the district and/or incompatible with surrounding uses. B. Gases, Fumes and Vapors. The emission of any gases, fumes, or vapors dangerous to human health, animal life, vegetation, or property is prohibited. C. Heat. No use shall produce heat significantly perceptible beyond its lot lines. D. Glare. No use shall produce a strong dazzling light, or reflection of a strong dazzling light, beyond its lot lines. E. Vibrations. No use shall cause vibrations or concussions detectible beyond its lot lines without the aid of instruments, except for vibration resulting from construction activity. F. Storage and Waste Disposal. All materials and waste which might cause fumes or dust constitute a fire hazard, produce offensive odors, or which may be edible or otherwise attractive to rodents or insects shall be stored in closed containers and in a manner to eliminate or prevent such hazards. 15.09.060 – Special Development Standards For Service Stations And Other Retail Uses Selling Motor Fuel A: Purpose. The purpose of this section is to establish special site design standards for new service stations and other retail uses supplying motor fuel. These standards are intended to assure that these uses are compatible with adjoining residential districts and the character of the district in which they are located. B. Fifty -foot Setback from Residential Districts Required. Each pump island shall be setback at least 50 feet from the zoning district boundary of all adjoining residential districts. Other permitted structures shall comply with the setback provisions established in Table 5 -1. C. Storage and Display of Vehicles Prohibited. No area of any service station or other retail use selling gasoline shall be used for the storage, display, and sale or leasing of any new or used vehicle. 15.09.070 – Special Requirements For Animal Husbandry • A. Purpose. The purpose of this section is to assure that the raising of domesticated farm animals within the urban area is compatible with adjoining residential uses and the intent and character of the district they are located in. B. Minimum Lot Size. The minimum lot size for animal husbandry within the Yakima urban area is one -half acre. A lot at least one -half acre in size shall be deemed to meet this requirement even though a portion of the lot may be used for a single- family dwelling. DOC. INDEX 53 # AA -1 ® C. Project Review. Animal husbandry operations, which would create noise and odors attract insects or rodents or are otherwise incompatible with surrounding residential uses or the intent of the zoning district, may be conditioned or denied by the reviewing official in accordance with the provisions of this section and YMC 15.09.070. D. Minimum Setback. No portion of any structure used to house a domesticated fain animal shall be within one hundred feet of any residence other than the dwelling on the same lot. E. Maximum Number of Animals. The maximum number of animals that may be kept on the site at any time of the year shall be the number of animals that can be sustained by the pasture on which they are kept as their primary source of food, except during the winter months. The burden of proving that the pasture can sustain the number of animals in question shall be on the • applicant. , F. Fencing. Fencing adequate to contain the animals shall be provided and maintained. 15.09.080 — Special Requirements For Bed And Breakfast Inns Bed and breakfast inns shall meet all applicable health, fire, safety, and building codes. Any reception hall or meeting room shall be restricted . to serve no more than the total number of tenants, unless otherwise specifically authorized. In addition, bed and breakfast inns shall be subject to the following requirements, except in those zoning districts where motels and hotels are Class 1, 2, or 3 uses: A. Home occupation bed and breakfast inns shall be operated so as not to give the appearance of being a business and the inn shall not infringe upon the rights of neighboring residents to peaceful occupancy of their homes. Minimal outward modifications of the structure or grounds may be made only if such changes are compatible with the character of the neighborhood. • B . Meals shall only be served to guests, even if required to be licensed as a restaurant understate regulations, except as otherwise permitted in this Title. C. The number of guest rooms shall not be increased through any exterior modifications or additions to the home occupation bed and breakfast. . D. The front yard area shall not be used for off- street parking for bed and breakfast guests unless the parking area is screened and found to be compatible with the neighborhood or unless waived by the reviewing official. E. One non - illuminated or externally illuminated sign not exceeding the maximum size allowed within the applicable zoning district, and bearing only the name of the inn and/or operator shall be permitted. F. The Administrative Official may authorize use of the bed and breakfast inn for receptions, group meetings and special gatherings based upon the size of the inn, availability of adequate off - street parking spaces, public health considerations, and compatibility with the surrounding neighborhood. G. No more than five lodging or guest rooms shall be allowed for home occupations. 15.09.090 - Special Requirements For Social Card Rooms No social card room shall be permitted within five hundred feet of any public school, private school (meeting the requirements for private schools under Title 28A RCW), church or park, as measured according to RCW 66.24.010(9), or as the same may be hereafter amended. 15.09.100 — Private Street Review Requirements • Private Roads - General Requirements. Private streets serving three lots, housing units or more may be approved as an element of a Master Planned Development Overlay (YMC Ch. 15.28), a Mobile Home/ Manufactured Park (YMC 15.04.150), a Condominium or within a Binding Site r Plan in conformance with Subdivision requirements. DOC. INDEX • # AA - I 54 • A. Any private road that is located in a private street subdivision shall be constructed to the minimum standard of the appropriate jurisdiction and shall be permanently retained and maintained as a private road. B. Private roads are the responsibility of the landowners to construct and maintain in accordance with YMC Ch. 15.09 and shall be specified in a homeowner's association, development agreement or other C. Names for private roads shall be approved by City or County Planning Departments. D. Private roadway signs with street name designations shall be provided by and maintained by the developer or homeowner's association and shall be located at the intersections of private roads. Such signs shall meet the specifications set forth by the respective governing body. E. A gate may be installed at the entrance to a private street, provided there is a minimum of 50 feet between the public street and the gate and the width of each travel aisle is 24 feet. F. A private gate shall not obstruct emergency, public service, or utility vehicles access. G. Private roads and the entire easement or right -of -way width shall be open and available for use by emergency, public service, and utility vehicles. H. The face of any plat, short plat, Master Development Plan, Binding site plan, or condominium document containing a private road, and all subsequent documents transferring ownership of lots • within such plat or short plat, shall bear the following language: "The City of Yakima has no responsibility to build, improve, maintain or otherwise service any private road for this plat /short • plat. Any right -of -way dedicated to the public by this plat /short plat shall not be opened as a City (or County) street until such time as it is improved to city (or County) street standards and accepted as part of the City (or County) transportation system." 1. The placement of utilities shall be coordinated as much as possible with the placement of private roads and public rights -of -way. J. Utility easements having a minimum width of eight feet shall serve each interior lot. Utility easements shall be located outside private access easements and dedicated road rights -of -way unless approved otherwise by the City /County Engineer. 15.09.110 — Reasonable Accommodations Process A. Purpose. This Chapter has been enacted to authorize the Director Of Community & Economic Development or his designee to waive or vary provisions of the Code when necessary to reasonably accommodate the statutory rights of the disabled under the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA) or the Washington Law Against Discrimination (WLAD). This process shall be interpreted and administered in order to ensure the full exercise and enjoyment of a disabled person's right to the residential housing of his /her choosing. The provisions of this Chapter shall apply to commercial and may apply to some residential activities or zones; provided that nothing herein shall be interpreted to limit the exercise of a disabled person's rights by or through a residential care provider. In the event of any conflict or if an interpretation of this Chapter is required, it shall be implemented and interpreted in accordance with the provisions of the Americans with Disabilities Act, the Fair Housing Act and the Washington Law Against Discrimination. B. Reasonable Accommodations. 1. Upon the application of a disabled person or individual or entity providing services to the disabled in a residential facility or other group living arrangement, the Director Of Community & Economic Development or his designee is hereby authorized to vary, modify, or waive the provisions of the Yakima Municipal Code, including the provisions of YMC Titles 10, 11 and 15, in order to provide a reasonable accommodation as necessary to .provide to a disabled person's or care provider to the disable's full enjoyment of a residence. DOC. INDEX 55 # AA - l • 40 2. The City's duty to accommodate is an affirmative one, and the Director Of Community & Economic Development is thereby authorized to provide accommodations in a thoughtful and proactive manner. 3. The following review may, at the Director Of Community & Economic Development's . discretion, include citizen input into the administrative process. The Director Of Community & . Economic Development shall provide written notice of the accommodation to the applicant and property owners within five hundred feet of the subject site. 4. When applying this reasonable accommodation process to the Yakima Municipal Code, including the State Building Code and other codes adopted pursuant to Yakima Municipal Code, the staff shall avoid the stereotypical assumptions regarding the disabled and shall attempt to ascertain the actual physical and/or mental limitation of the disabled individual in order to craft • an accommodation which best suits the exercise of that individual's rights. C. Waiver Of Building Code Requirements. No reasonable accommodation shall be provided by a waiver or variance of the provisions of the codes adopted pursuant to YMC Titles 10, 11 and 15, which does not substantially accomplish the purposes of those Titles or which would reduce . the fire safety of any structure. Modifications, waivers, or variances of the provisions of International Building Code, International Fire Code, and other codes adopted pursuant to YMC Titles 10 and 11 shall provide at least the same level of safety required by the respective Washington State Code. The applicant shall have the burden of establishing that the proposed modification, waiver, or variance accomplishes substantially the same purpose without reduction .. of fire safety. IX Accommodations Personal To The Applicant. The accommodation provided shall be personal . to the applicant and shall not run with the land; provided that a change in a residential structure • necessary to accommodate the operation of a residential care provider to the disabled may be continued by future operations of similar facilities at the site who established the same use within six months of the date the prior use by the disabled person or residential care provider ceases. The Director Of Community & Economic Development may direct that any physical change in the structure which would otherwise be illegal under the use or bulk requirements of the YMC Title 15, Yakima Urban Area Zoning Ordinance be brought into compliance six months after the date of sale or transfer of a residential structure to a person or entity not qualifying for the protections of the ADA, FHA, and WLAD. E. Appeal. Interested persons, that are persons located within five .hundred feet of the building __. . site, may appeal the reasonable accommodation by filing a petition for review with Yakima County Superior Court within ten days of the date of mailing of the notice of decision. 15.09.200 — Adult Business A. Purpose: All adult business uses shall comply with the requirements of this Section. The purpose and intent of requiring standards for adult business uses is to mitigate the adverse secondary effects caused by such facilities and to maintain compatibility with - other land uses and services. In furtherance of this purpose, this Section is intended to regulate the location of adult entertainment and commercial enterprises in order to promote the health, safety and welfare of all citizens and in order to preserve and protect the quality of life in and around all neighborhoods through effective land use planning and reasonable regulation in light of the findings set forth herein and the facts and evidence contained in the legislative record. The standards established in this Section shall apply to all adult business uses. Adult business uses are recognized as having objectionable operational characteristics, particularly when they III are aggregated in one area. Since these uses have a harmful effect upon adjacent uses, and residential and commercial uses in particular, special regulation of adult business uses is DOC. INDEX 56 AA_ I necessary to avoid adverse effects arising from adult businesses so they will not contribute to the blighting or downgrading of the surrounding neighborhood. It is the intent of this Section to allow these uses to exist in a dispersed manner within specific zoning districts. The standards established in this Section shall not be construed to restrict or prohibit the following activities or products: plays, operas, musicals, or other dramatic works; classes, seminars or lectures for educational or scientific purposes; nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities; nudity within a hospital, clinic or other similar medical facility for health - related purposes; and all movies and videos that are rated G, PG, PG -13, R and NC -17 by the Motion Picture Association of America. B. Special Definitions Specific to this Section. For the purpose of this Section, the following words and phrases shall have the following meanings: 1. Adult Arcade /Viewing Booth means any booth, cubicle, stall, or compartment that is - designed, constructed, or used to hold or seat patrons and is used for presenting adult media for observation by patrons therein. This definition does not apply to a theatre, movie house, playhouse, or a room or enclosure or portion thereof that contains more than 600 square feet. Those greater than 600 square feet shall be considered an Adult Motion Picture Theater. 2. Adult Business Uses means any uses on premises to which the adult public, patrons or members are invited or admitted or wherein any employee or other person provides, exhibits or performs adult entertainment or operates an adult commercial establishment, to or for a member of the adult public, a patron or a member, and specifically includes the list below. a. Adult commercial establishments; b. Adult motion picture theatres; c. Adult arcades / viewing booths; d. Adult cabarets, dance halls and dance studios. Also refer to specific prohibited uses identified in Section 15.09.200(E). 3. Adult Cabaret/Dance hall or Dance Studio means a building or portion of a building regularly featuring dancing or other live adult entertainment if the dancing or entertainment provided is distinguished or characterized by an emphasis on the exhibiting of specified sexual activities or specified anatomical areas for observation by patrons therein (YMC Chapter 5.30). 4. Adult Commercial Establishment means any premises on or where adult media or sexually oriented toys or novelties are the majority of articles or items for sale and/or rent. Majority shall be determined to exist when forty percent (40 %) or more of the establishment's gross public floor area is devoted to adult media or sexually oriented toys or novelties. Commercial establishments where the sale and/or rent of adult media or sexually oriented toys or novelties do not account for forty percent (40 %) or more of the establishment's gross public floor area shall adhere to the standards set forth in section 15.09.200(C)(2). 5. Adult Entertainment means any exhibition or dance of any type, pantomime, modeling or any other performance, including motion pictures, which involves the exposure to view any specified anatomical areas or involves any specified sexual activities. 6. Adult Media means magazines, books, videotapes, movies, slides, cd -roms or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities. 7. Adult Motion Picture Theatre means an establishment emphasizing or predominantly showing movies that exhibit specified sexual activities • DOC. INDEX 57 8. Body Studio means any premises, other than a licensed massage parlor, reducing salon, 1110 health spa or public bath house, upon which is furnished, or which is offered to be furnished, for a fee or charge or other like consideration, the opportunity or act of painting, massaging, feeling, handling or touching the unclothed body or any unclothed portion of the body of another person, or to observe, view or photograph any such activity. 9. ' Church See definition in YMC §.15.02.020 10. Escort and Introductory Service means services provided with the intent to perform prohibited specified sexual activities, specified sexual exhibitions or other activities prohibited in this Section. • 11. Massage Parlor means a commercial establishment in which massage or other touching of the human body is provided for a fee and which excludes any person by virtue of age or sex from all or any portion of the premises in which such service is provided. 12. Media means anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes, but is not limited to, books, newspapers, magazines, movies, videos, sound recordings, • cd -roms, other magnetic media, and undeveloped pictures. . 13. Park See definition in YMC § 15.02.020 14. Residential Zoning District means the .Suburban Residential (SR); Single - Family Residential (R -1); Two - Family Residential (R -2); and Multi - Family Residential (R -3) zoning districts as defined in YMC Ch. 15.03. 15. School See definition in YMC § 15.02.020 • 16. Sexually Oriented Toys or Novelties means instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to simulate human genital organs. 17. Specified Anatomical Areas means (1) Less than .completely and opaquely covered: • human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered. 18. Specified Sexual Activities means human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. 19. Specified Sexual Exhibitions means any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises, activity. This includes, but is not limited to, any . such exhibition, performance or dance perfouued for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, • either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing. C. Permitted Uses. Adult business uses shall be permitted subject to the following conditions: 1. Adult business uses shall be considered Class (2) uses, requiring Type (2) review, in and only in the CBD (Central Business District), GC (General Commercial) zoning districts; and as a Class (3) use, requiring Type (3) review, in and only in the M -1 (Light Industrial) zoning district when applicable development standards of this Section are met: III 2. Commercial uses approved for zoning requirements of Chapter 15.04 through 15.08 that sell and/or rent adult media or sexually oriented toys or novelties, but for which that portion of DOG. INDEX 58 # AA- , the establishment's gross public floor area devoted to the sale or rent of adult media or sexually oriented toys or novelties accounts for less than forty percent (40 %) of gross public floor area of the commercial use shall: a. Restrict persons under the age of eighteen (18) from purchasing and/or renting the adult items; and, b. Contain those adult items in a separate area appropriately sited and signed to restrict 'access to people under the age of eighteen (18), or behind a counter. D. Development Standards. The following standards shall apply to proposed adult business uses, permitted under this Section: 1. Adult business uses shall adhere to the following standards: a. Separation Standards 1. The parcel that contains the adult business use, and the signs relating to the use, shall not be located within five hundred (500) feet of any of the following preexisting uses or previously established districts: a. The outside boundary of any parcel that contains a public school, private school or day care facility; b. The outside boundary of any parcel that contains a church or other house of worship; c. The outside boundary of an existing public park; d. The outside boundary of any parcel that contains a public library; and, e. A residential zoning district. 2. The parcel that contains an adult entertainment use shall not be located within fifteen hundred (1500) feet of a parcel supporting a similar adult entertainment use as defined in this • Section, whether such similar use is located within or outside the City limits 3. The general sitescreening requirements of YMC Ch. 15.07 shall apply. • 4. The separation requirements stated in D(1)(a)(1) (a) through (e) and D(1)(a)(2), above, shall be measured by extending a straight line from the nearest point on the property line of the parcel containing the proposed adult entertainment use to the nearest point on the property line of the parcel containing the other adult entertainment use, school, daycare, church, public park, or public library. b. Licensing. In addition to Type (2) or Type (3) review required under C(1), above, all adult business uses, with the exception of adult commercial establishments, shall be subject to the licensing requirements of YMC Chapter 5.30. c. Hours of operation. Any adult business use, as defined in this Section, shall not conduct or operate any business or commercial function on or around their premises between the hours of two a.m. and eight -thirty a.m. of the same day. d. Signage. Signage of adult business uses, as defined in this Section, shall comply with the provisions of YMC Ch. 15.08, Signs, together with the following specific conditions: 1. Each adult business use shall be allowed one (1) on- premise sign which shall be limited to displaying the name of the establishment, the street address, the days and hours of operation, restrictions on the age of persons that may be admitted to the building and the non - specific identification of the NATURE of the stock -in -trade or entertainment offered therein (e.g. "Adult Toys ", "Adult Books "). Nowhere on the signage or on the building visible to outside passersby shall appear any verbiage, insignias, pictures, drawings or other descriptions suggestive of sexual acts or actions, or which represent the sexually oriented material and/or performances of the adult entertainment use. . 2. In accordance with § 5.30.040(5), adult entertainment establishments shall conspicuously post a readable sign at or near each public entrance which clearly states, and is printed in letters DOC. INDEX 59 gAA_f • at least one -inch tall: "THIS ADULT ENTERTAINMENT ESTABLISHMENT IS • REGULATED - BY THE CITY OF YAKIMA ". This sign shall not, for purposes of administration of this Section, limit the allowed use from having one (1) on- premise sign as indicated in § 15.09.200(D)(1)(d). Adult commercial establishments do not need to comply with this standard. e. Parking. The parking standards in YMC Ch. 15.06 shall apply to all off- street parking for uses under this Section. f. Design Standards. Adult Business Uses shall conform to the following design standards: 1. Buildings, fences, or other structures which are visible from any public right -of -way shall be of a neutral coloring and design scheme, similar to surrounding commercial facilities. 2. All windows, entries, and other openings shall be screened and/or covered in such a way that no business activity associated with adult entertainment uses, other than approved outside signage, shall otherwise be visible from any public right -of -way or other public space. E. Prohibited Uses. Adult uses not included in the definition of "adult business uses" pursuant to YMC 15.09.200(B)(5), are prohibited. Prohibited activities include, but are not limited to, massage parlors, escort and introductory services, body studios and specified sexual activities and exhibitions not specifically allowed under the definition of "adult business uses ". F. Nonconforming Uses. Any Adult Business Use, Specified Sexual Activity/Exhibition legally in operation on the effective date of this Section, shall be permitted to continue, provided that all adult business development, standards set forth in this section, with the exception of the separation standards from 15.09.200(D), are complied with. Any Adult Business use pre - existing upon the effective 0 date of this section meeting all development standards, except said separation standards, shall not be considered nonconforming and shall be allowed to remain as a legally established business. The existing business which operates 24 -hours per day shall be allowed to continue. Provided, that any application for expansion, addition or relocation, after the effective date of this section, shall be subject to the review requirements of this section. A protected use specified in YMC 15.09.200(D)(1)(a)(1)(a) through (e) shall not benefit from the separation requirements of this Section if the protected use chooses to locate within five hundred (500) feet of a lawfully located and licensed adult business . use after the effective date of this ordinance. An adult business facility is lawfully located if it has located within the City in accordance with the requirements of this Section." Section 14. Section 15.17.020 of the City of Yakima Municipal Code is hereby amended to read as follows 15.17.020 — Modification To Permitted Development And Uses Regulated All modifications to existing or approved Class (1) Uses or development shall be reviewed as a Class (1) Use rather than under these modification provisions. Minor changes to existing or approved Class (2) or (3) Uses or development may qualify for abbreviated review under the provisions in this Chapter, if they meet the criteria listed below, or may apply directly for review as a Class (2) or (3) Use or development. Overlay districts shall not increase the level of review for the provisions of this Chapter. Modifications not meeting the criteria below must apply directly for review as a Class (2) or (3) use or development. A. The Modification will not increase residential density; 41) B. The Modification will not increase the amount of parking by more than ten percent (10%) or twenty (20) spaces (whichever is least), except that the amount of parking for controlled - DOC. INDEX 60 # AA ---I atmosphere and cold storage warehouses may be increased by up to twenty (20) spaces. This limit shall be calculated cumulatively for all previous Modifications since the last normal review; C. Any expansion of use area or structure will not exceed 2-050% of the gross floor area. This limit shall be calculated cumulatively for all previous Modifications since the last normal review; D. The Modification will not increase the height of any structure; E. -n-y - dcrnel- i -t-i -o - e€--s-tt uetufe> will - , -of the c,ui ren are+ -This limit shall be calculated cumulatively for all previous Modifications since the last normal review; F. The Modification will not add a Drive -Thru Facility; and, F-C. The Modification does not include Hazardous Materials. Section 15. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of 2010. ATTEST: Micah Cawley, Mayor City Clerk Publication Date: Effective Date: • • • DOC. INDEX 61 • 2010 YAKIMA URBAN AREA ZONING ORDINANCE UPDATES SEPA #002 -10 EXHIBIT LIST CHAPTER BB City of Yakima. Planning Commission Findings of Fact i tX,v 1 S �.s ,y1 EXHIBIT ` ti z s the °` „101CD ® CUMEN V �T x 2 _ �` � ' D , i a Mute !. { � i 7 p++lx u '�Y r _� rl"et § ys *s+ • i ,� S .'S .3 "r k s H # c . t r w r r� ,� v4'4” d a s r 11: S 1.; 'Hl g 4 ` k., ° �+ f t ,ri '"1 ".r m, "e,' x�, -,3v jd 4r+ F7' pi w '..V * s >J°ti. : C s . , k Fy' .1 - ';T x ra.,.3�1., BB -1 City of Yakima Planning Commission — Findings of Fact 02/24/2010 ® . • 0 - CITY OF YAKIMA PLANNING COMMISSION FINDINGS OF FACT, PROPOSED AMENDMENT, REVIEW RATIONALE, . CONCLUSION AND REASON FOR ACTION, AND RECOMMENDATION AND ACTION TAKEN: • 2010 Urban Area Zoning Ordinance Amendments February 24, 2010 • • WHEREAS, the City of Yakima, hereafter referred to as the "City," pursuant to RCW 36.70A.040 is required to plan under the provisions of the Growth Management Act; and WHEREAS, pursuant to RCW 36.70A.130(1) the City is required to take legislative action to review and revise its comprehensive plan and development regulations in accordance with the Growth Management Act; and WHEREAS, pursuant to RCW 36.70A.020, goals are set forth to guide the development and adoption of comprehensive plans and the adoption of development regulations; and . WHEREAS, following the adoption of the September 2, 2008 Urban . Area Zoning Ordinance Update, the City has analyzed subsequent changes in the City's development patterns, III comprehensive plan, and development regulations for their consistency with the requirements of RCW Chapter 36.70A; and . WHEREAS, On September 18, 2009 the City's Intergovernmental Committee, following their review of the proposed amendments, authorized the drafting of proposed amendments to the City's Urban Area Zoning Ordinance, and initiated review by the City of Yakima's Planning Commission, hereafter referred to as the "Commission "; and . WHEREAS, pursuant to RCW 36.70A, and YMC 15.23.020, the Commission is authorized to make a recommendation to the Yakima City Council, hereafter referred to as the "Council," for their review, consideration and adoption of development regulations; and WHEREAS, the Commission held seven televised open public workshops on the proposed revisions and changes were made to the draft. amendments to reflect the needs specific to the Yakima Urban Area, address ambiguity, and public and agency comments; and WHEREAS, pursuant to the City's adopted , ordinance #2004 -14 and RCW 36.70A.130(2) the City followed its adopted public participation program, as follows: 1. Seven public meetings starting October 28, 2009 and ending January 13, 2010; 2. Notice of the SEPA review together with the request for public comments and the notice of the public hearing was sent to interested parties on January 29, 2010; 3. Twenty days of public comment were provided, with the comment period ending on February 18, 2010; 4'. Posting on the City of Yakima's web site the draft Urban Area Zoning Ordinance amendments occurred on January 29, 2010; and Findings of Fact by the City of Yakima Planning Commission regarding 2010 UAZO Amendments 1 • DOC. INDEX ......„1:1_____ 5. On January 29, 2010 a notice of the amendment process was published in a local newspaper of general circulation, a press release to local media was provided, and notice of the hearing was posted at the Planning Division and City Clerk's offices; and WHEREAS, pursuant to RCW 36.70A.106 notice of all amendments to the City's Comprehensive Plan and development regulations were sent to the Washington State Department of Commerce at least sixty days prior. to the amendments being considered for adoption; and WHEREAS, pursuant to the State Environmental Policy Act (SEPA) WAC 197 -11 and YMC 6.88, and prior to the Commissions hearing, the City issued a Determination of Non - Significance on the proposed UAZO amendments on February 19, 2010. WHEREAS, A public hearing regarding the proposed amendments was noticed in a local newspaper of record on January 29, 2010, and WHEREAS, said hearing occurred on February 24, 2010, where all persons desiring to comment on the proposed amendments were given a full and complete opportunity to be heard, and WHEREAS, the Commission reviewed and revised staff's recommended amendments, and those proposed revisions were approved by staff; and THEREFORE, the Commission is now satisfied that these proposed amendments are sufficiently considered, and hereby makes and enters the following: I. FINDINGS OF FACT, PROPOSED AMENDMENT, AND REVIEW RATIONALE Amendments to Yakima Urban Area Zoning Ordinance PROPOSED AMENDMENTS: 1. Various new definitions and changes to existing definitions were added or modified in YMC 15.02. These definitions included: Accessory Dwelling Unit, Adult Family Home, Agricultural Product Support, Converted Dwelling, Family, Group Home, Hulk Hauler, Mixed Use Building, Planning Commission, Wineries or Breweries, and Existing or New Detached Single - Family Homes on lots 8,000 square feet or less; 2. The following use categories were added to Table 4 -1 Permitted Uses: Accessory Dwelling Units, Adult Family Home, Agricultural Product Support, Hulk Hauler, Mixed Use Building, Wineries or Breweries, Wineries or Breweries Basic, Wineries or Breweries Retail, Wineries or Breweries Resort/Destination, Wineries or Breweries Resort/Destination with on -site agricultural production, Existing or New Detached Single- Family Homes on lots 8,000 square feet or less, and Sports Facility (Indoor). 3. Table 4 -1 Permitted Uses had various sections reorganized to provide for better ease of use; 4. Permitted uses in the Regional Development Zoning District, and their associated levels of review were examined and amended to comply with the intent of the City of Yakima's approved LLF1' application, and proposed Comprehensive Plan text amendment; 5. Levels of review for Residential uses (Single - Family, Duplex, Multi - Family, etc.) were reviewed and amended to be allowed in the business zoning districts (Professional Office, Findings of Fact by the City of Yakima Planning Commission regarding 2010 UAZO Amendments 2 DOC INDEX • # P�R°1 • Local Business, Small Convenience Center, Large Convenience Center, General Commercial, and Regional Development); 6. YMC Section 15.04.050 was removed from the zoning ordinance as the provisions within this section are located elsewhere in the ordinance; 7. YMC Section 15.04.060 was amended to allow cargo containers within the residential districts on a time limited basis, and within the commercial zoning district on a permanent basis; 8. YMC Section 15.04.160 (F) was amended to update the siting criteria for previously titled manufactured homes; 9. YMC Chapter 15.04, Table 4 -3 (Review Requirements for Mobile /Manufactured Homes) was amended to account for multi -wide mobile /manufactured homes; 10. YMC Section 15.05.020(G) (Fences and Walls) was amended to provide a more manageable standard to locate fences and walls on residential lots; 11. YMC Table 5 -1 Design Requirements and Standards was amended to reorganize the table removing the unused Minor Local Access street designation, reducing the front and side yard setbacks for the Historical Business District thru the Heavy Industrial zoning districts to a consistent 30 feet, and reducing the rear yard setback for the previously mentioned districts to 20 feet; 12. Reorganization of Table 5 -2 Subdivision Requirements; • 13. Update of Table 6 -1 to include parking standards for'new permitted uses; 14. Addition of internal driveway standards to YMC 15.06.065 Driveway Locations. 15. Addition of a requirement to YMC 15.06.090 Required Landscaping of Parking Areas requiring that landscaping be located within the parking area. 16. Update of YMC 15.06.110 to comply with the requirements of the International Building Code for accessible parking spaces; 17. Establishment of YMC 15.06.140 (C) Nonconforming Parking which provides possible waiver of parking requirements for existing nonconforming parking lots that are located within the Central Business district, and General Commercial zoning districts; 18. Establishment of YMC 15.09.045 Accessory Dwelling Units in accordance with state law, which allows construction of an accessory dwelling units no larger than 800 square feet in the Suburban Residential or Single- Family zoning districts as a Class (3) use; 19. Changing the criteria for processing a modification in YMC 15.17.020 (C) from 20% to 50% to conform to YMC 15.19.080; 20. The new permitted use category in YMC 15.04 Table 4 -1 Permitted Uses for Existing or New Detached Single - Family Homes on lots 8,000 square feet or less was allowed in the M -1, RD, and GC zoning districts as a Class (1) use; 21. The permitted use category for Winery or Brewery Resort/Destination was changed from a Class (3) use to a Class (1) use in the RD; and 22. The new permitted use category for in YMC 15.04 Table 4 -1 Permitted Uses for Wineries or Breweries Resort/Destination with on -site agricultural production was allowed in the SR as a Class (2) use, and a Class (3) use in the R -1, R -3, GC, CBD, RD, and M -1 zoning districts. REVIEW RATIONALE: The City's Urban Area Zoning Ordinance was last updated in September of 2008. Since that time the City has identified a need to update the above portions of city code due to changes in the City's zoning districts, development pattern, needs of its citizens, and state law. • Findings of Fact by the City of Yakima Planning Commission regarding 2010 UAZO Amendments 3 • DOC. INDEX H. CONCLUSIONS & REASON FOR ACTION Having made the Findings set forth above, the Commission makes the following conclusions: 1. Environmental review of said amendments was completed according to the provisions and procedures of the State Environmental Policy Act (SEPA) WAC 197 -11 and YMC 6.88. A Determination of Non - Significance (DNS) for the proposed amendments was issued on February 19, 2010 and the appeal period ends on March 5, 2010. 2. The proposed changes to the Urban Area Zoning Ordinance are consistent with the requirements of the Growth Management Act (GMA), RCW Ch. 36.70A. 3. The City of Yakima's Urban Area Zoning Ordinance is consistent with the goals and policies of the Yakima Urban Area Comprehensive Plan 2025. 4. The City followed the procedural requirements of the GMA in notifying and advertising the herein proposed amendments to the City's Urban Area Zoning. Ordinance to the public, and to interested agencies, and. All oral and written comments received during the review process have been considered. III. RECOMMENDATION & ACTION TAKEN It is for these reasons that the Commission recommends that the Council adopt the 2010 Yakima Urban Area Zoning Ordinance Amendments as herein set forth with the revision date of February 24, 2010. Motion Based upon the findings and conclusions herein set forth, it was moved and seconded that the City of Yakima Planning Commission recommends APPROVAL of the 2010 Urban Area Zoning Ordinance amendments. The motion was carried by a unanimous vote. John Hodkinson, Chairman Date City of Yakima Planning Commission 6 0 • • Findings of Fact by the City of Yakima Planning Commission regarding 2010 UAZO Amendments 4 DOC. INDEX 2010 YAKIMA URBAN AREA ZONING ORDINANCE UPDATES SEPA #002 -10 EXHIBIT LIST CHAPTER A SEPA Checklist ! , a t .rs f� t ,FJ. EXHIBIT s } 1a S er t�,3 4 ds F c F riY ; ,,;� � ��� > �.� }� � ��DOCIIIVIE�I'� � �, g � . u� �� � � � � DATE , t ,.y ..1 S i � ,f'35fl t P`;.`"^ rr a " i ' u , ,V494 g �kk � a i* ; A'� �,C et '-i s � } �` '' j '; Gt ?�..,. +. lr ltd' C:d^.�``* W,e', 1,�'i 4 ai 4. 'Awl" , s1P, •"h t . „i + ,, , � , F�� .. t n r 't <? Ji SF me ' t�.s ' � � A -1 SEPA Checklist 01/28/2010 CITY OF YAKIMA �c ...` -Y JAN H r ;. , LAND USE APPLICATION 8 2010 0 On' o y 3, pt� YAK/MA c, I DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMEN TANNING DIV. ' - ; ' 129 NORTH SECOND STREET, 2 FLOOR ' `�RP4R „, ,” ., YAKIMA, WASHINGTON 98902 - VOICE: (509) 575 -6183 , FAX: (509) 575 -6105 INSTRUCT — PLEASE READ. FIRST Please typ or prmf your answers : clearly: .. . . Answer all questions completely. If you have any questions about this form or the application process call, come in person or refer to the accompanying instructions. • This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV — CERTIFICATION are on this page. PART II and III contain additional information specific to your proposal and MUST be attached to this page to complete the application. Remember to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid. Filing fees are not refundable. PART 1 - GENERAL INFORMATION 1. APPLICANT NAME City of Yakima 2. APPLICANT ADDRESS STREET 129 N 2 " Street CITY Yakima AND PHONE NUMBER STATE WA ZIP 98901 PHONE 509 575 -6000 MESSAGE 3. APPLICANT'S CHECK ❑ OWNER ❑ OWNER REPRESETATIVE INTEREST IN PROPERTY ONE ❑ CONTRACT PURCHASER Ei OTHER Municipality 4. PROPERTY OWNER (IF OTHER THAN NAME ® APPLICANT) • . PROPERTY OWNER'S STREET CITY ADDRESS AND PHONE (IF OTHER THAN STATE ZIP PHONE MESSAGE APPLICANT) 6. ASSESSOR'S PARCEL NUMBER FOR SUBJECT PROPERTY: Not applicable, contains the entire city limits (UGA) 7. EXISTING ZONING OF SUBJECT PROPERTY: Residential, Commercial, and Industrial zoning districts exist within the UGA 8. ADDRESS OF SUBJECT PROPERTY: Not applicable, contains entire city limits 9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) ❑ Class (2) Use X Environmental Checklist (SEPA) ❑ Right -of -Way Vacation ❑ Class (3) Use ❑ Modification to Approved Class (2) & (3) Uses ❑ Short Plat Exemption ❑ Rezone . ❑ Appeal ❑ Shoreline ❑ Variance ❑ Non - Conforming Structure/Use ❑ Utility Easement Release ❑ Home Occupation ❑ Preliminary Subdivision ❑ Interpretation by Hearing Examiner ❑ Administrative Adjustment ❑ Short Plat ❑ Other — Comp Plan Amendment PART II SUPPLEMENTAL APPLICATION AND PART;III . REQUIRED.ATTACHMENTS r'_ . 10. SEE ATTACHED SHEETS PART IY — CERTIFICATION ' : • 11. I certify that the infor �•n on this applic tion and the required attachments are true and correct to the best of my knowledge. 1 Zg -/b 411k SIGN URE DATE evised 9 -98 FOR ADMINISTRATIVE USE ONLY FILE No. Q A--# ®V -II) DATE FEE PAID RECEIVED BY AMOUNT HEARING DATE DOC. INDEX # Pte) REQUIRED ATTACHMENT: ENVIRONMENTAL CHECKLIST s ) STATE ENVIRONMENTAL POLICY ACT (SEPA) JAN 2 8 2010 ; 4 .. ,f J (AS TAKEN FROM WAC 197 -11 -960) CITY OF YAKIMA �'�Cb -- •TB0' /' 1'L ANING DIV. ". CHAPTER 6.88, YAKIMA MUNICIPAL CODE (YMC) PURPOSE 017'.0 The State Environmental Policy Act (SEPA), chapter 43.2 IC RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS ' ., } This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply ". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. US OF, CHECKLIST >F'OR-,NONPROJECT PROPOSAL Complete this checklist for non - project proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For non - project actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. A . BACKGROUND INFQRMATION (To be completedyby the, applicant) 1. NAME OF PROPOSED. PROJECT (if applicable) Urban Area Zoning Ordinance Amendments 2. APPLICANT'S NAME & PHONE City of Yakima 509 -575 -6000 3. APPLICANT'S ADDRESS 129 North Second Street, Yakima WA, 98901 Jeff Peters, Associate Planner, City of 4. CONTACT PERSON & PHONE Yakima 5. AGENCY REQUESTING CHECKLIST City of Yakima 6. DATE THE CHECKLIST WAS PREPARED June 19, 2008 7. PROPOSED TIMING OR SCHEDULE (including phasing, if applicable) Adoption expected March 22, 2010 Revised 8 -04 DOC. INDEX page 1 of 10 BACKGROUND QUESTIONS (Attach if Lengthy) . Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. RECEIVE[ Not applicable. JAN 82010 CITY OF YAKIMA PLANNING DIV. 2. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Not applicable. 3. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None known. . List any government approvals or permits that will be needed . for your proposal, if known. A recommendation of approval from the City of Yakima Planning Commission is required, as well as adoption by the Yakima City Council. • 5. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) Proposed amendments to the City of Yakima's Urban Area Zoning Ordinance to provide limited new development standards and update existing zoning districts and standards to ensure compliance with the 2006 adopted Urban Area Comprehensive Plan and state law. 6. Location of the proposal. Give sufficient information for a person to understand the precise location of your pro- posed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. This proposal contains standards that would apply to the entire city limits. DOC. INDEX / - I page 2 of 10 B. ENVIRONMENTAL ELEMENTS (To be' completed by the applicant) Space Reserved for 1. Earth Agency Comments a. General description of the site (✓ one): ❑ flat ❑ rolling n hilly n steep slopes [1 mountainous RECEIVED ® other N/A A variety of slopes are found within the City of Yakima JAN 2 8 2010 b. What is the steepest slope on the site (approximate percent slope)? Not applicable. CITY OF YAKIMA PLANNING DIV. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. A variety of soils are found within the UGA. d. Are there surface indications or history of unstable soils in the immediate vicinity? If • so, describe. Not applicable. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Not applicable. f. Could erosion occur as a result of clearing, construction, or use'? If so, generally describe. Not applicable. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Not applicable. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Not applicable. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, • automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Not applicable. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. Not applicable. c. Proposed measures to reduce or control emissions or other impacts to air, if any: Not applicable. DOC. INDEX page 3 of 10 Space Reserved for 3. Water Agency Comments a. Surface: 0 1. Is there any surface water body on or in the immediate vicinity of the site (including year -round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows RECEIVED into. . There are a variety of lakes, streams, rivers, creeks, ponds, wetlands, etc. within the City of Yakima. JAN 2 8 2011 2. Will the project require any work over, in, or adjacent to (within 200 feet) the CITY OF YAKIMA described waters? If yes, please describe and attach available plans. PLANNING DIV. Not applicable. 3. Estimate the amount of fill and dredge material that would be placed in or re moved from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material Not applicable. 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Not applicable. 5. Does the proposal lie within a 100 -year floodplain? If so, note location on the site ill plan. S ome areas within the City of Yakima lie within the 100 -year floodplain. 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Not applicable. b. Ground: 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. Not applicable. 2. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Not applicable. c. Water Runoff (including storm water): • 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. DO Not applicable. INDEX page 4 of 10 2. Could waste materials enter ground or surface waters? If so, general, describe. Space Reserved for Agency Comments Not applicable. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: RECEIVED Not applicable. 4. Plants: JAN 2 8 2010 CITY OF YAKIiVi■ a. Check (✓) types of vegetation found on the site: PLANNING DIV. deciduous tree: ® alder ® maple /1 aspen ® other evergreen green: ® fir ® cedar ® pine • ® other ® shrubs ® grass ® pasture crop or grain wet soil plants: ® cattail ® buttercup ® bullrush ® skunk cabbage ® other water plants: ® water lily Z eelgrass ® milfoil ❑ other other types of vegetation: A variety of both native and non - native vegetative species exist within the City of Yakima. b. What kind and amount of vegetation will be removed or altered? Not applicable. c. List threatened or endangered species known to be on or near the site. Not applicable. 410 d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Not applicable. 5. Animals: a. Check (✓) any birds and animals which have been observed on or near the site or are • known to be on or near the site: 1) birds: ® hawk ® heron ® eagle ® songbirds ® other 2) mammals: ® deer ® bear ® elk ® beaver ® other 3) -fish: ® bass ® salmon ® trout ❑ herring ® shellfish ® other A variety of birds, mammals, and fish have been observed within the City of Yakima. b. List any threatened or endangered species known to be on or near the site. Not applicable. c. Is the site part of a migration route? If so, explain. • A variety of sites within the City of Yakima are utilized by migratory birds and fish throughout various times of the year DOC. INDEX d. Proposed measures to preserve or enhance wildlife, if any: 6 Not applicable. - page 5 of 10 6. Energy and Natural Resources Space Reserved for III Agency Comments a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to mee the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Not applicable. RECEIVED b. Would your project affect the potential use of solar energy by adjacent properties? If so, JAN 2 8 2011 generally describe. Not applicable. CITY OF YAKIMIi PLANNING DIV. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Not applicable. • 7. Environmental Health . a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Not applicable. 1. Describe special emergency services that might be required. - • Not applicable. • 2. Proposed measures to reduce or control p o con i o environmental health hazards, if any: Not applicable. b. Noise 1. What types of noise exist in the area, which may affect your project (for example: traffic, equipment, operation, other)? . A variety of noise types exist within the'City of Yakima. . 2. What . types and levels of noise would be created by or associated with the project on a short - term or a long - term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Not applicable. 3. Proposed measures to reduce or control noise impacts, if any: Not applicable. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The City of Yakima contains a variety of land uses ranging from agricultural to , industrial densities. b. Has the site been used for agriculture? If so, describe. Yes. There are many areas within the City of Yakima which either have been or are currently being used for agricultural purposes. DOC• c. Describe any structures on the site. INDEX A variety of structures exist within the City of Yakima. d. Will any structures be demolished? If so, what? # A Not applicable. e. What is the current zoning classification of the site? Zoning districts range from residential to commercial and industrial. page 6 of f. What is the current comprehensive plan designation of the site? Space Reserved fo Comprehensive plan designations range from residential to commercial and Agency Comments industrial.. g. If applicable, what is the current shoreline master program designation of the site? There are several areas within the City of Yakima that contain either RECEIVED Conservancy, Rural, or Urban shoreline designations. h. Has any part of the site been classified as an "environmentally sensitive" area? If so jAPJ 2 8 1010 specify. Several areas within the City of Yakima are classified as being "environmentally CITY OF YAKIlMA sensitive." PLANNING DIV. i. Approximately how many people would reside or work in the completed project? Not applicable. j. Approximately how many people would the completed project displace? Not applicable. k. Proposed measures to avoid or reduce displacement impacts, if any The proposed Urban Area Zoning Ordinance update contains provisions and standards which will promote compatibility between different land uses 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: There are several different standards which will be utilized to promote compatibility, including, but not limited to; location standards, site design and development standards, and parking standards. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. Not Applicable. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low- income housing. Not Applicable. c. Proposed measures to reduce or control housing impacts, if any: Not applicable. - 10. Aesthetics a. What is the tallest height of any proposed structures, not including antennas; what is the principal exterior building materials proposed? Not Applicable. b. What views in the immediate vicinity would be altered or obstructed? Not Applicable. c. Proposed measures to reduce or control aesthetic impacts, if any: Some zoning districts within the City of Yakima have restrictions on maximum building heights. 11. Light and Glare • a. What type of light or glare will the proposal produce? What time of day would it mainly DOC. occur? Not Applicable. INDEX b. Could light or glare from the finished project be a safety hazard or interfere with views? — _ Not Applicable. c. What existing off -site sources of light or glare may affect your proposal? Not Applicable. d. Proposed measures to reduce or control light and glare impacts, if any: Sitescreening standards may apply to certain projects depending on adjacent land uses. page 7 of 10 12. Recreation Space Reserved for Agency Comments a. What designated and informal recreational opportunities are in the immediate vicinity? A variety of recreational opportunities, both public and private, exist within the City of Yakima. � RECEIVED b. Would the proposed project displace any existing recreational uses? If so, describe. Not Applicable. c. Proposed measures to reduce or control impacts on recreation, including recreation JAN 2 8 2010 opportunities to be provided by the project or applicant, if any: CITY OF YAKIiMifi Not applicable. PLANNING DIV. 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. There are a variety of sites within the City which are listed on either the national, state, or local registers. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or III cultural important known to be on or next to the site. Not Applicable. c. Proposed measures to reduce or control impacts, if any: Not applicable 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. . A variety of street types exist within the City of Yakima ranging from alleyways and local access streets to highways /interstates. b. Is site currently serviced by public transit? If not, what is the approximate distance to the nearest transit stop? . Public transit currently serves the vast majority of the City of Yakima. c. How many parking spaces would the completed_ project have? How many would the project eliminate? The City of Yakima's Urban Area Zoning Ordinance provides parking standards which require that new uses provide sufficient off - street parking spaces. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). Not Applicable. e . Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Doi . All types of transportation exist within the City of Yakima. INDEX #A • f. How many vehicular trips ix.. day would be generated by the completed r ,_uject? If known, indicate when peak volumes would occur. Not Applicable. g. Proposed measures to reduce or control transportation impacts, if any: • Traffic impacts are examined at the project level for new development within the City of Yakima. page e 8 of 10 15. Public Services . Space Reserved for Agency Comments a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe: RECEI Not Applicable. CITY OF YAK lfi� b. Describe the utilities that are proposed for the project, the utility providing the service, PLANNING UI V and the general construction activities on the site or in the immediate vicinity, which might be needed. Not Applicable. 16. Utilities a. Circle utilities currently available at the site electricity, natural.gas, water, refuse service, telephone, sanitary sewer, septic system, other. All the above - highlighted utilities are available within the City of Yakima. III b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity, which might be needed. Not Applicable. C. SIGNATURE (To: be completed by the applicant.) The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. "--? Signature Date Submitted: / - Zg . -/d D. SUPPLEMENT SHEET FOR NONPROJECT ACTIONS ' (To be completed-by the applicant) (Do not use the following for project - actions.)' Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal or the types of activities likely to result from the proposal, g - '.. y proposal P would affect the item at a greater intensity or at a faster rate than if the were not implemented. 1. How would the ro osal be likely to increase discharge to water; emissions to air; I Space Reserved for P P Y g production, storage, or release of toxic or hazardous substances; or production of noise? DO I EX The proposed amendments contai.. provisions and standards for variety of t.__-erent land uses and development types. Any new development has the potential to increase . discharges to water and air emissions; production, storage and release of hazardous 40 ubstances; and produce noise. However, adoption of these proposed standards will not ause an increased output of the above forms of pollution. page 9 of 10 Space Reserved for Proposed measures to avoid or reduce such increases are: Agency Comments Appropriate standards through State Environmental Review will be applied at the project level for new development. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposed amendments are not likely to affect plants and animals, fish, or marine life RECEIVED as the development standard amendments do not address environmental impacts assessed. through SEPA, Critical Areas, or Shorelines. IAN 2 8 20'0 Proposed measures to protect or conserve plants, animals, fish, or marine life are: Any proposals to protect and conserve plants, animals, fish and marine life would be CITY OF YMKUVA handled at the project level through the above stated regulations. PLANNING DIV 3. How would the proposal be likely to deplete energy or natural resources? Not Applicable. Proposed measures to protect or conserve energy and natural resources are: Not Applicable. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas 0 designated (or eligible or under study) for governmental protection;. such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The proposed amendments do not change any existing environmental regulations. Proposed measures to protect such resources or to avoid or reduce impacts are: Any proposals to protect and environmentally sensitive areas or areas designated for governmental protection would be handled at the project level. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposed amendments do not change any existing environmental regulations, and therefore there would be no effect. Proposed measures to avoid or reduce shoreline and land use impacts are: Not Applicable. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Increased levels of development may increase population and therefore increase the demands on transportation, public services and utilities. However, meeting these demands and public services would be required during project level review. Proposed measures to reduce or respond to such demand(s) are: Development and other standards will be in place to ensure compatibility with adjacent uses and sustainability of subject properties. • Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. DOC. INDEX 8 A,1 None of the proposed Urban Area mooning Ordinance amendments will confi.— with local, state or federal laws, or requirements for the protection of the environment. page 10 of 10 DOC. INDEX • 2010 YAKIMA URBAN AREA ZONING ORDINANCE UPDATES SEPA #002 -10 EXHIBIT LIST CHAPTER B Public Notices i , Frw jt i a ww »� : , V . r d a n, ' i { r'� t `'' EXHIBIT % , � s ,� fi �� � �;,� A� DOC�UIVIEN�T� ���� � � , �� '� �' �'DATEr s i 'rig s S Rs'd -"'?4 X 44 '4 4 Ud .50, 4 4 C x, � 4,10 ?t, § y a 0' ^S ig,0d s u`, R e x -Sr S' s s$ r a •� f.: %,� 4 : K * 1 u 2'L rt y 'V) Z'"A{ , .UWZM <...t fi:+^ rte;, .��t ,� ,: ` '1�i; r s � 9 ' a; 7 L - kd, i �` �_. F it „, mu a La, .... � e � a . x .a..s�. ; , :� a _ , kaa+n ^r.., �...,... '�`4 , .n,. a « .�.,,. =,Y r,... ,.¢,y. , Y.e B -1 Notice of Application, Environmental Review, Request for 01/29/2010 Comments, and Public Hearing B -1 a: Press Release and Distribution E -mail B -1 b: Legal Notice and Confirmation E -mail B -1 c: Parties and Agencies Notified B -1d: Affidavit of Mailing B -2 Letter to Regional Development (RD) Zone Property Owners 02/04/2010 Notifying of RPC Public Hearing B -2a: Property. Owners Notified B -2b: Affidavit of Mailing B -3 Notice of Determination of Non - Significance (DNS) 02/19/2010 B -3a: Press Release and Distribution E -mail B -3b: Legal Notice and Confirmation E -mail B -3c: Parties and Agencies Notified B -3d: Affidavit of Mailing B -4 Planning Commission Public Hearing Agenda 02/24/2010 B -5 Planning Commission Public Hearing Sign -In Sheet 02/24/2010 B -6 Letter of Transmittal — Labels to City Clerk 03/02/2010 B -7 Agenda Statement — Set Date of Joint City Council /County 03/02/2010 Commissioner Open Record Public Hearing B -8 Notice of Joint City Council and County Commissioners Open 03/05/2010 Record Public Hearing NOTICE OF JOINT PUBLIC HEARING • YAKIMA CITY COUNCIL AND BOARD OF YAKIMA COUNTY COMMISSIONERS YAKIMA URBAN AREA ZONING ORDINANCE AMENDMENTS The Yakima City Council and the Yakima County Commissioners will conduct a joint open record public hearing to consider the City of Yakima Planning Commission's recommendation for amendments to the Yakima Urban Area Zoning Ordinance (UAZO), Yakima Municipal Code Title 15 and Yakima County Code 15A. The joint public hearing will be on held Tuesday, March 23, 2010 at 7:00 p.m., or soon thereafter, in the Council Chambers at Yakima City Hall, 129 N. 2nd Street, Yakima, Washington. The UAZO is a land use document that provides zoning regulation and development standards for property both within the City of Yakima and its Urban Growth Area. The ordinance also provides a basis for determining applicable budget decisions related t� future development of Yakima. Any citizen wishing to comment on the ordinance amendments is welcome to attend the open record public hearing or contact the City Council in the following manner: 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2nd Street, Yakima, WA 98901'; or, 2) E -mail your comments to ccouncil @ci.yakima.wa.us. Include in the e-mail subject • line, "UAZO amendments." Please also include your name and mailing address. Written comments can be submitted to the Yakima County Commissioners in the following manner: 1) Send a letter via regular mail to "Board of County Commissioners, 128 North 2 Street, Yakima WA 98901. ", or, 2) E -mail your comments to christina .steiner@co.yakima.wa.us . Include in the e-mail subject line, "UAZO amendments." Please also include your name and mailing address. DATED this 3rd day of March, 2010. Deborah Kloster, CMC City Clerk Mailed March 5, 2010 • DOC. INDEX • CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Rosalinda Ibarra, as an employee of the City of Yakima, Planning Division, have transmitted to: Debbie Kloster, Yakima City Clerk, by hand delivery, the following documents: • 1. Mailing labels for 2010 ZONING UPDATES (SEPA #002 -10); including all labels for agencies and parties of record. 2. I have also transmitted to Debbie Kloster, Yakima City Clerk, by e- mail, a Legal Notice which was published for the City Planning Commission Public Hearing. This will supply information to be included in the City Clerk's legal notice of the City Council Public Hearing. Signed this 2nd day of March, 2010. 2 .6 ( A_ osalinda Ibarra Planning Technician Received By: • • ITT, Date: 3 /Z// • ' DOC. INDEX • Parties of Record — 2010 Zoning Updates — SEPA #002 -10 0. Kent Persson Yakima County Public Works Tom Durant • 801 Hennessy Road Flood Control District 513 N. Front Street, Suite Q Yakima, WA 98908 128 N. 2 " Street Fourth Floor Yakima, WA 98901 Yakima, WA 98901 Dianna Woods Yakima County Public Works Alfred Winkel Adam Smith Flood Control District 4407 W. Larch Ave. 4607 Ahtanum Road 128 N. 2 " Street Fourth Floor Yakima, WA 98903 Yakima, WA 98903 Yakima, WA 98901 • Kevin Futrell Yakima Transit Scott Clark Wendy Espinoza 2301 Fruitvale Blvd: United Builders • Phoenix Protective Corporation Yakima, WA 98902 2112 Nob Hill Blvd. 1519 East Nob Hill Blvd Yakima, WA 92902 Yakima, WA 98901 Scott Clark Gary Lukehart Phil Hoge United Builders 271 Running Springs Yakima County Public Services 7506 Barge Court Naches, WA 98937 128 North 2 " Street 4 Floor Yakima, WA 98908 Yakima, WA 98901 Kim Rath James Carmody Dorothy Padilla 405 East Lincoln Avenue Columbia Basin Railroad 1201 South 18 Street Yakima, WA 98901 1 i 1 University Parkway, Ste #200 Yakima, WA 98901 • Yakima, WA 98901 Archie Matthews City of Yakima, ONDS Joe Walsh 211 South 8` Street Todd Johnson Central WA Homebuilder's Assn Yakima, WA 98901 601 Main Street, Ste #101 3301 West Nob Hill Blvd Vancouver, WA 98660 Yakima, WA 98902 . Mark Reynolds Greg Demers Brad Hill • City of Union Gap P.O. Box 3008 P.O. Box 1729 P.O. Box 1729 Yakima, WA 98909 Yakima, WA 98909 Union Gap, WA 98903 Sara Allen, General Manager John Durbin & Associates Ms. Verlynn K. Best, General Manager Ledgestone Hotel 4204 Hunts Point Road Fairfield Inn & Suites 107 North Fair Avenue Hunts Point, WA 98004 137 North Fair Avenue Yakima, WA 98901 Yakima, WA 98901 • Gary Lukehart J c`f1il c o j,(..yj / Chinook Business Park P.O. Box 1489 Nosed &cord Public. f cr 109 Yakima, WA 98907 010 Z-OY i,i Ltp a -i-cip DOC. • Se 00 INDEX •F,r 1 rt � DeCi 3 12_110 # f r/P 19131911022 19131911507 19131911023 230930 INC 2309301 230930 INC ,--•'-' THST 9N9, -' T 9N9T..'' MA, Washington 989012522 g. « Washington 989012522 "`'' A Washington 989012522 19131911025 19131911030 19131911031 230930 1N 230930 IN • • 230930 IN ..-°`' 9N9TH 9N9 T 9N � YAK , Washington 989012522 Y IMA, Washington 989012522 IMA, Washington 989012522 19132913444 19132913435 19132913445 . ATLANTIC RICHFIELD COMPANY ATLANTIC RICH,,, - COMPANY ATLANTIC RICH ,..- " COMPANY PO BOX 5015 PO BOX 50,-- PO BOX 51,,.,. "" BUENA PARK, California 90622 BUEN ,••' °• RK, California 90622 B __,, !.," •' ° California 90622 19131841001 19131841001 19132924425 „.., f BUD OWENS FAMIL ^" TED • BOISE CASCADE CORP BOISE CASCADE , t."i " "" M 800 W BRYN MAWR AVE 800 W BR :µ> R AVE PARTNERSHI•,."-" ITASCA, Illinois 60143 • 1TASC inois 60143 PO BO ,�3``" S .,. , Washington 989420129 19132924433 19131911075 . 19131911074 BUD OWENS FAMILY LIMITED � CC SIGNS LLC : '" �,,. �' CC SIGNS LLC , °--- PARTNERSHIP BLVD � ' fw. 1112ENOB =�"LVD PO BOX 129 1 112 ENO= -" YA., e Washington 9891 YAKI .. ashington 98901 H, Washington 989420129 41110 19131844412 19132924440 19131844027 • CEDARS INN YAKIMA CENTRAL WASHING TON FAIR ASSOC CHALET HEALTHCARE INC 1232 SE COLUMBIA DR 1301 S FAIR AVE 115 N 10TH ST RICHLAND, Washington 993524762 YAKIMA, Washington 98901 YAKIMA, Washington 98901 19130734405 19130734007 19131843003' ' CHINOOK BUSINESS PARK LLC CHINOOK BUSINE: - . • LLC CHINOOK ..4•°`' SS PARK LLC 1901 N 4TH ST 1901 N 4TH S ^ - ._ 190 „ ' ST • YAKIMA, Washington 98901 YAKIM ';+ashington 98901 ,.,. "' IMA, Washington 98901 . 19131844411 19132913437 19130734401 ,r CITY OF Y »e"' A DEPT OF TRANSPORTATION . DOLSEN INVESTMENT PROPERTIES LLC 129 1\1 ST PO BOX 12560 301 N 3RD ST Y " A, Washington 98901 YAKIMA, Washington 98909 YAKIMA, Washington 98901 19130734402 19130734403 19131911077 • DOLSEN INVESTMENT PROPERTIES LLC DOLSEN INVES ,, `°'`PROPERTIES LLC EMERALD HOLDINGS LLC PO BOX 1726 301 N 3RD ...; 102 15TH ST NE YAKIMA, Washington 98907 • YA,,x' "; Washington 98901 AUBURN, Washington 98002 031441 19132924406 19132924405 E INCORPORATED GREENWOOD NORTH /YAKIMA LLC J & S RISING LLC • PO BOX637 3312E 27TH.AVE 2910E 57TH AVEkAtt COLVILLE, Washington 991 140637 • VANCOUVER, British Columbia V5RIP7 SPOKANE, Washilie19223 INDEX • 19132924404 19131844022 19131844023 J & S RISING LLC JELDWEN INC JELDWEN INC 223 W 2ND AVE PO BOX 1329 PO BOX =h° SPOKANE, Washington 99201 KLAMATH FALLS, Oregon 97601 KL: •,-f'�H FALLS, Oregon 97601 19132924414 19132924412 19131843006 KMC HOLDINGS IRR LIVING TRUST KMC HOLDINGS 1 ' :x...' ING TRUST LEELYNN INC PO BOX 3037 PO BOX 303. .,•,• 324 E 12TH AVE # 2 UNION GAP, Washington 989033037 • UN10.-A ', Washington 989033037 EUGENE, Oregon 97401 19131821003 19131812001 19131824420 LEELYNN INC AND WILEY MT INC LEELYNN INC A►' >•; LEY MT INC LEE _ ' 1 INC AND WILEY MT INC PO BOX 1799 PO BOX 17!': -fi' '..S ':OX 1799 SPRINGFIELD, Oregon 97477 SP• -° ELD, Oregon 97477 SPRINGFIELD, Oregon 97477 19131823421 19131823427 19131824419 LEELYNN INC A►�,'" " MT INC LEELYNN INC ? WILEY MT INC LEELYNN INC • SA' ► t °' ILEY MT INC • PO BOX 1799,E ° PO BOX 1 t ''" PO BOX 1 r•! - -.- SPRIN,,-,.• =` D, Oregon 97477 SPR,!.. `ELD, Oregon 97477 SPRY.= . ' "'ELD, Oregon 97477 19131824001 19131824402 s ue" " 19131831453 LEELYNN IN --`µ D WILEY MT INC LEELY►,,a » ""'C AND WILEY MT INC LEELYNN IN Ea ;' WILEY MT INC PO BOX ,�.•,' PO i 1799 PO BO -•' SPRI '"`�1ELD, Oregon 97477 SPRINGFIELD, Oregon 97477 S' •._•" 'FIELD, Oregon 97477 • Ilk 19131842001 19132924443 19132924428 LEELYNN INC i WILEY MT INC LR HOLDING LLC LR HOLDING e.:'` PO BOX 1 ,, .; -- 410 E ARLINGTON • 410E •'.:r' N`' TON SPR IELD, Oregon 97477 YAKIMA, Washington 98901 YA ' '` � A, Washington 98901 19132924431 19132912400 19132924424 LR HOLDI C MARSHALL & KATHRINE CYMBALUK NOB HILL SHOPS LLC FAMILY LLC 410E GTON 2018 BIRCHFIELD RD 4103 100TH PLACE SE YA A, Washington 98901 EVERETT, Washington 98208 YAKIMA, Washington 989019580 19131912547 19131843002 19132913419 NOEL CORPORATION PACIFIC POWER & LIGHT CO RICHARD D SMITH RENTALS LLC PO BOX 111 825 NE MULTNOMAH STE 1600 1908 SLIGER RD YAKIMA, Washington 98907 PORTLAND, Oregon 972322131 YAKIMA, Washington 98901 ' . 19132913414 19132913419 19131911026 RICHARD D SMIT,,7,•-'�' NTALS LLC RICHARD D SM1�,. »" NTALS LLC ROYS AUDIO VISUAL LLC 1908 SLIGER ' ,-� 1908 SLIG r 'n� 432 N RIVARD RD YAKIM • ,.,•' ashington 98901 YA : ' Washington 98901 MOXEE, Washington 989369701 19132912401 19132924436 19132913427 ' . • SODA INC SOUTHLAND CORPORATION STATE OF WA DEP -s "" PO BOX 402 2828 N HASKELL AVE TRANSPOR ; YAKIMA, Washington 989070402 DALLAS, Texas 752042909 DOC. PO BO,,. = - ' 60 INDEX A, Washington 989092560 19132913429 19132913430 19132913432 STATE OF WA D s�" 11F STATE OF W , ' PT OF STATE OF WA D TRANSPO' ' '' TRANSP 1.. C ATION TRANSPOR:0 /N .0' 60 PO :.,' `12560 PO BO „..x`60 '. A, Washington 989092560 YAKIMA, Washington 989092560 YAK] ' A, Washington 989092560 19132913433 19132913436 „a 19132913428 STATE OF WA T OF STATE OF WA,.!'' •T OF STATE OF � n. i �PT OF TRANSPO ION, TRANSPO'.'" TION TRAN " ° ° TATION PO BO 560 PO BI : , ''` 2560 PI.„ r 12560 YAKIMA, Washington 989092560 YAK MA, Washington 989092560 • YAKIMA, Washington 989092560 • 19132913431 19131911511 19130734404 STATE OF WA DEP ..° TRANSPOR - TARGET CORPORATION T0760 TSP YAKIMA LLC . PO BO ^•' X60 PO BOX 9456 2001 CENTER ST YA " A, Washington 989092560 MINNEAPOLIS, Minnesota 554409456 • TACOMA, Washington 984097895 19132913434 19132913440 . 19132913441 WA STATE DEPT OF =' SPORTATION WILSON REAL ESTATE LLC WILSON REAL %•"" C PO BOX 12561,... - -" 1104E MEAD AVE 1104E YAK1u,. ashington 989092560 YAKIMA, Washington 98903 Y '" A, Washington 98903 19131844409 19131844410 19131844402 WRP GATEWAY LLC WRP GATEWAY LL- N ' WRP GATE I . " C oliii PO BOX 4184 PO BOX 418 ^ - "' PO Be,,.,• -'` :4 EVUE, Washington 98009 BELL _, -4, .- Washington 98009 B III * VUE, Washington 98009 19131844405 19131844401 19131911510 � WRP GATEW : -'' WRP GATEWAY L .. "'` WRP GATEWAY_: e POBO, .''':'• PO BOX 418 " PO BOX • s` B *- UE, Washington 98009 BELL ,.. °, Washington 98009 B .,,, -'— E, Washington 98009 19131844031 _ 19132924401 19132922001 YAKIMA BOB'S BURGERS & BREW LLC YAKIMA COUNTY YAKIMA COUNTY COMMISSIONERS 6607 N APPLEVIEW RD 128 N 2ND ST 4TH FLOOR 128 N 2ND ST #232 YAKIMA, Washington 98908 YAKIMA, Washington 98901 YAKIMA, Washington 98901 19132913447 19132924402 19132924402 . YAKIMA COUNTY COMMISSIONERS YAKIMA COUNTY ! .u, ISSIONERS YAKIMA CO <,.g ' iMMISSIONERS 1213 S 18TH ST 128 N 2ND STs:. 128 N 2,,,i #232 YAKIMA, Washington 98901 YAKIM • ; .- "':shington 98901 YA^ A, Washington 98901 19132921007 19132921008 19132921007 YAKIMA COUNTY PU :. ORKS YAKIMA COUNTY P w ' • YAKIMA COUNTY • ^' ORKS 2ND &BSTR 2ND &BSTR.: 2ND '. YAKIMA : "ington 98901 YAKIM:,.--.' :shington 98901 YAK .'": ashington 98901 1 921007 19132924439 _� . 19132924403 A COUNTY PUB , • ORKS YAKIMA CO e„ UBLIC WORKS YAKIMA . .1.' - `4 14 'T ' - 1 T'Y PUBLIC WORKS 2ND &BSTR ,,,_,''' 2ND & B y 2ND .'STR YAKIMA, W w . =a'gton 98901 YAKI.. ' , Washington 98901 DOG' Y' " "' IMA, Washington 98901 INDEX 19131844030 19131844032 19132913402 YAKIMA HOTEL LLC YAKIMA H• ,. C YAKIMA PROPERTIES INVESTORS 1901 N 4TH ST — 1901 N ' , ' T 4204 HUNTS POINT RD YAKIMA, 98901 y t ‘e" A, Washington 98901 BELLEVUE, Washington 98004 IP 19132912006 19132913401 19132913405 YAKIMA PROPERTY INVESTORS YAKIMA PROPERTY N ,,; . TORS YAKIMA PROPERTY INV,, TORS • 136 ROZA VISTA DR 136 ROZA VIST .A7e 136 ROZA VISTA p'" " ""' YAKIMA, Washington 989011548 YAKIM "ington 989011548 YAKIMA, .,,,..:"` gton 98901 1548 19132913443 19132913410 e."' 19131844002 YAKIMA PROP - 7 INVESTORS ! YAKIMA P :, ' ' TY INVESTORS YAKIMA RESIDENCES LLC 136 ROZA,,$ *" A DR 136 R• �ISTA DR 1105 PORTER WAY YAK .4 , - Washington 98901 1548 YAKIMA, Washington 989011548 MILTON, Washington 98354 19132921009 1913203.1438 19132031023 • ANGELA NEWPORT ANGELA NEWPO — YAKIMA SCHOOL DISTRICT #7 PO BOX 637 PO BOX 6 rt` 104 N 4TH AVE COLVILLE, Washington 991140637 COL „.3 " , Washington 991140637 YAKIMA, Washington 98902 • 19132031423 19132031421 19132912024 ANTONIA GONZALEZ BALDEMAR GARDUNO BONNIE JENNE 613 S 15TH AVE 554 CHAPPEL LN 4248 A ST SE #205 YAKIMA, Washington 98902 MOXEE, Washington 98936 AUBURN, Washington 98002 4110 19132913420 19132913421 19132924435 CARLOS A & CELENE SOTO CARLOS A & CEL , !...•'''" 0TO " s. DAVID LARSON 1902 SLIGER RD 1904 SLIGE• , I 7606 TIETON DR YAKIMA, Washington 989013624 YAKI ,. A "`%ashington 98901 � _, YAKIMA, Washington 98908 19132924409 19132031451 19132031452 DAVID LARSON DIANA ROD!, , " • Z F a, DIANA RODRIGU • 1312 S 18TH ST 330 SO . PIS d�r `" #'4�'', 330 SOUTH , 1s • YAKIMA, Washington 98901 SA ' , Oregon 97302 s SAL T , 4:regon 97302 19132924429 19132924430 19132924432 DOUG OWENS DOUG OWENS DOUG OWE ► M '' . PO BOX 129 PO BOX 1 JA-•" �� PO BOA..• "' .± SELAH, Washington 989420129 SEL ,r;' ashington 989420129 „.?•� '- , Washington 989420129 19132924434 19132913418 19132913417 DOUG OWENS _„,,,A FILIBERTO CISNEROS FILIBERTO CISNE !. PO BOX 129,„.,« 1805 SLIGER RD 1805 SLIGE':.: SELA „ »• •':s ington 989420129 YAKIMA, Washington 98901 YAKI .t.,. ashington 98901 19132031453 19132034007 19132924422 FRANK L & VIOLET REED JAMES E DOVER JAMES W & CONNIE C STONE 1506 E BEECH ST 1413 PACIFIC AVE D ®` 750 STARVIEW RD YAKIMA, Washington 98901 YAKIMA, Washington 98901 YAKIMA, Washington 989039063 INDEX 19132924421.ri 19132924420" 19132924419 JAMES W & CONN ONE JAMES W & CONNI '` O E JAMES W : . >t-I' C STONE • 750 STARVI i 750 STARVIE ,,„c:% 750 S ... • W RD ashington 989039063 YAKIM . „.,ss ington 989039063 MA, Washington 989039063 19132031431 19132913403 19132913407 JANIS HELEN FIFE • JEFF & SARAH BAKER JEFFERY ALAN BA 1603 E RACE ST 504 N 40TH ST 504 N 40TH -- •~' YAKIMA, Washington 98901 YAKIMA, Washington 98901 YAKI► ,. , "'' ^ashington 98901 19132031424 19132913404 19132913442 JERRY L. RANK • JESUS H & DOROTHY L PADILLA JOHN & ASSOCIATES DURBIN • - 2017 S 16TH AVE 1201 S •18TH ST • 4204 HUNTS POINT RD . YAKIMA, Washington 989031213 YAKIMA, Washington 98901 . BELLEVUE, Washington 980041 106 19132031430 19132034006 19132913423 • JOHN E KERSLAKE JOSEPH HENRY JUDY MAE JONES . 3402 W YAKIMA AVE 401 S 11TH AVE # 1 1906 SLIGAR RD YAKIMA, Washington 98902 YAKIMA, Washington 98902 ` YAKIMA, Washington 98901 • 19132031437 19132031020 `�M ,,-- 19132924413 J KENNETH RINK • KENNETH • _ ""` KEN H .. 7605 WESTBROOK AVE 7605 W " • OOK AVE 1306 S 8 „ -° T YAKIMA, Washington 98908 Y %.x44 % A, Washington 98908 • Y. • . . ,P ` A , Washingto 19132913424 19132924411 19132031021 LYNN D EMERY MARGARITO A & VICTORIA C SOTO MARYLOU PERO 1901 SLIGER RD 1308 18TH ST 5808 SUMMITVIEW AVE # A PMB 196 . YAKIMA, Washington 98901 YAKIMA, Washington 98901 YAKIMA, Washington 98908 19132034005 • 19132924426 19132031445 MICHAEL S STEELE MIGUEL & JESSICA FLORES NORMA BARAJAS 2548 S PECK RD #48 5410 DOUGLAS DR 617 S 15TH ST MONROVIA, California 91016 YAKIMA, Washington 98908 YAKIMA, Washington 98901 19132913446 19132912009 19132912010 PAUL DOVE • RAFIK NAQIB RAFIK NAQIB ,, . - -" 1309 S 18TH ST 22426 85TH ∎ 4 TH AVE W 22426 85T., -1" YAKIMA, Washington 98901 EDMOND'S, Washington 980268214 ED11,5' S, Washington 980268214 19132912012 19132924418 19132031427 RAFIK NAQI " REYES TORRES ROJAS ROY J SMI „ - °•-- 1f` zn ,° �` 22426 85, '''VE W 1703 DALTON RD 203 . --% ONT AVE ED1tm04DS, Washington 980268214 YAKIMA, Washington 989013612 H, Washington 98942 • • 31422 19131911027 19131911029 ADOR BERMUDEZ SCOTT HILLIARD SCOTT HILLIARD • 6 15TH ST 503 CANYON RD 503 CANY� �':„ YAKIMA, Washington 98901 YAKIMA, Washington 98901 DOC+• . YA ■ "` i ashington 98901 • INDEX :m 19131911028 � " 19132912014 19132913422 —.... SCOTT HILLI& '.+ SHERRY CRIVITS TAD C & GAYL ,�' -` ES MOODY 503 CA ,: RD • 1113 S 18TH ST 1903 SLIG °ii • YA., ° A, Washington 98901 YAKIMA, Washington 98901 YA - Washington 98901 , ,„ . • 19132031439 19132031006 19132031022 TED POLLOCK TED POLLOCK ,- TED POLLOCK • 2610 SE BAYPOINT DR # 17 2610SEB• ...'- „.z I`� T DR # 17 2610 SE BAYP�,nP= " ". • # 17 VANCOUVER, Washington 986839196 VAN , Washington 986839196 VANC!., ° = "',� 986839196 19132031440 19132031442 19132034010 TED POLLOCK ,. .,---- TED POLLOCK ,..-- ' THEODORE A PO u ' msµ r 2610 SE BAY _ '� ° " : DR #17 2610 SE B •�.- •• - •INT DR #17 2610 SE B•,... ` NT DR #17 VANC! V R, Washington 986639196 VAN ' ER, Washington 986639196 VAN n ,'' ' ER, Washington 986639196 19132031016 .r ` 19132031003 _ „' y . 19132031002 ” "- THEODORE A" LOCK THEODORE A OCK THEODORE ,,'a"�` OCK 2610 SE B , - `�OINT • 2610 SE ., -• "''DINT 2610 S ..' `"'POINT VAN •i ER, Washington 98683 VAN C. VER, Washington 98683 VA OUVER, Washington 98683 19132034013 19132034002 ~` 19132034008 THEODORE A PO . CK THEODORE A Pe,,'- CK THEODORE A PO,„ 2610 SE BAY T DR #17 2610 SE BAY 14 NT DR #] 7 2610 SE BA 'k:'` T DR #17 V - , Washington 986639196 _ VANCO " R, Washington 986639196 VANC!,:"% R, Washington 986639196 , ID 19132043002 19132034004 19132034011 THEODORE A OCK THEODORE A POL y lb.' THEODORE A PO �`.'� -`�' 2610 SE B „ • ' DINT DR #17 2610 SE BAY" ° i " DR #17 2610 SE B e, ._$' '"" T DR #17 VAN I • ER, Washington 986639196 VANC ,. - ' R, Washington 986639196 V A ' ' ( ER, Washington 986639196 19132921401 .�•` 19132912016 .19132924423 • THEODORE APO _E. K THEODORE A PO °° - TOMAS CRUZ 2610 SE BA , ''1 NT DR # 17 2610 SE BA .,' '' T DR #17 1702 RUDKIN RD # 11 VANC•% ! , R , Washington 986639196 VAN,- O '% R Washington 986639196 YAKIMA, Washington 98901 19132924416 19132924415 19132912011 , VERNON L SIMPSON VERNON L SIMPSO,,- �_- -- WALTER H & BONNIE JENNE 18 W WASHINGTON # 8 18 W WASH 1►,, " # 8 4248 A ST SE #205 • YAKIMA, Washington 98903 YAK ■•.: °'efashington 98903 AUBURN, Washington 98002 . 19132924417 19132912025 19132912022 WAYNE LEE BROOKS WENDY HOLLINGSWORTH WENDY M HOLLINGS H 1705 DALTON LN 1107 S 18TH ST # 45 1107 S 18TH S .., p , YAKIMA, Washington 98901 YAKIMA, Washington 98901 YAKI ,t ' ash gton 98901 19132912020 °' 19132912019 - z „ °` WENDY M HOLLIN., ORTH WENDY M HO -- ' SWORTH 1913189!„'' 1107S18THS r ,,- 1107Sl:.; - YAKIMA e :'� ington 98901 YA. �' • , Washington 98901 DOC. INDEX 1913299999," 191329' 182 "" Total Parcels - RD Zone Property Owner List - 2010 UAZO Updates a k ,n. a of Y r` rV` It 01 A#1 ; � 3 © r a . • • • • • • • DOC: INDEX • SEPA REVIEWING AGENCIES Page l of 2 OD -RG, SEPA Reviewer Mr. Greg Griffith Army Corps Dept. of Natural Resources PO Box c -3755. 713 Bowers Rd Div. of 48343 & Hist. Pres. Seattle, WA 98124 Ellensburg, WA 98926 PO Box 48343 Olympia, WA 98504 Cascade Natural Gas Dept of Soc /Health Service WA State Attorney Gen. Office • . 701 S. 1 Ave Capital Programs Ofc. Bldg #2 1433 Lakeside Ct. Ste102 Yakima, WA 98902 MS OB -23B Olympia, WA 98504 Yakima, WA 98902 Washington State Dept of Health Chamber of Commerce Office of Drinking Water. City of Union Gap 10 N 9 St. Attn: Christine Collins PO Box 3008 Yakima, WA 98901 16201 E Indiana Ave, Ste# 1500 Union Gap, WA 98903 Spokane Valley, WA 99216 . Dept. of Transportation Tom McAvoy . Gary W. Pruitt Planning Engineer Q-We at Clean Air Authority 2809 Rudkin Road 8 S. 2 Ave. Room 304 329 North 1 Street Union Gap, WA 98903 Yakima, WA 98902 Yakima, WA 98901 Environmental Protection Agency West Valley School District Mr. Lee Faulconer 1200 6 Ave. MS 623 Attn: Peter Ansingh Dept. of Agriculture • Seattle, WA 98101 8902 Zier Road PO Box 42560 Yakima, WA 98908 Olympia, WA 98504 III FAA Yakima Co Health Dist Gwen Clear 2200 W. Washington 1210 Ahtanum Ridge Drive Dept of Ecology Yakima, WA 98903 Union Gap, WA 98903 15 W. Yakima Ave. St. 200 Yakima, WA 98902 Department of Ecology Yakima Greenway Foundation Environmental Review Section Nob Hill Water Co 111 S. 18 St. PO Box 47703 6111 Tieton Drive Yakima, WA 98901 Olympia, WA 98504-7703 • Yakima, WA 98908 Chuck Hagerhjelm Yakima School District Pacific Power WA State Emergency Mgmt. Div. Superintendent Mike Paulson Mitigation, Analysis & Planning Mgr 104 N. 4"' Ave 500 N. Keys Rd Yakima WA 98902 Building 20 Yakima, WA 98901 Camp Murray, WA 98430 -5122 Yakima Airport Yakama Indian Nation Yakima - Klickitat Fisheries Project i Manager Cultural Resources Program John Marvin • 2400 W. Washington Ave Johnson Meninick, Mgr 771 Pence Road Yakima WA 98903 PO Box 151 Yakima WA 98909 Toppenish, WA 98948 YVCOG Yakama Indian Nation Ahtanum Irrigation District Transportation Planner Environmental Protection Prog. P.O. Box 563 311 N. 4`�' Street STE 202 Moses Segouches Yakima, WA 98907 Yakima, WA 98901 PO Box 151 II Toppenish, WA 98948 DOC. INDEX SEPA REVIEWING AGENCIES gage 2 or e Federal Aviation Administration Environmental Coordinator 0 . ' astewater Division Cayla Morgan, Airport Planner Bureau of Indian Affairs astewater Treatment Plant Seattle Airports District Office PO Box 632 1601 Lind Ave. S.W. .Toppenish, WA 98948 . Renton, WA 98055 -4056 Ruth Jim • Mr. Marty Miller Yakima County Commissioners Yakama Tribal Council Office of Farm Worker Housing PO Box 151 1400 Summitview #203 Toppenish, WA 98948 Yakima, WA 98902 Mr. Vern Redifer Dept. of Archaeology & Historic Eric Bartrand Yakima County Public Services Preservation Dept. of Fisheries PO Box 48343 1701 S. 24 Ave . Olympia WA 98504 -8343 Yakima, WA 98902 John Baugh WSDOT Aviation Division Mr. Steven Erickson Yakima Valley Museum John Shambaugh Yakima County Planning 2105 Tieton Drive .18204 59 Drive NE, Ste. B Yakima, WA 98902 Arlington, WA 98223 Dept. of CTED Soil Conservation Dist Yakama Indian Nation Growth Management Services Attn: Ray Wondercheck Environmental Review Coordinator • PO Box 42525 1606 Perry St Suite F Thalia Sachtleben ympia, WA 98504 -2525 Yakima, WA 98902 P.O. Box 151 Toppenish, WA 98948 Department of Fish & Wildlife c/o Mark'lTeske 201 North Pearl Ellensburg, WA 98926 Type of Notice. 1 . i .1 :I I. 1 . /, , i 1,� h ecar�nj 20 /0 zoo l hi 4..,vj clait'A File Number(s): a-EpA#tc62_1 0 Date ofd: 3/ 3// D • DOC. INDEX Review Team STATE AGENCIES REVIEWING CTED Eric Heinitz COMP PLANS Growth Management Services Department of Corrections • REVISED June 2008 P.O. Box 42525 P.O. Box 41112 • Olympia, WA 98504 -2525 Olympia, WA 98504 -1112 Jennifer Hayes Kelly Cooper SEPA /GMA Coordinator Dept of Fish & Wildlife Dept of Health / Drinking Water Dept. of Ecology P O'Box 43155 P O Box 47820 P O Box 47600 Olympia, WA. 98504 -3155 Olympia, WA. 98504 -7820 Olympia, WA. 98504 -7600 • Hugo Flores Elizabeth McNagny Lorinda Anderson WA State Dept of Natural Resources Department of Social and Health Services Recreation and Conservation Office GMA /SMA Planning & State Harbor Areas P 0 Box 47027 P.O. Box 45848 P.O. Box 40917 Olympia WA. 98504 -7027 Olympia, WA 98504 -5848 Olympia, WA 98504 -0917 Greg Griffith Bill Wiebe Bill Koss Department of Archaeology & Historic Department of Transportation Parks and Recreation Commission P.O. Box 47300 Preservation P.O. Box 42650 Olympia, WA 98504 -7370 P.O. Box 48343 Olympia, WA 98504 -2650 Olympia, WA 98504 -8343 De 6- / urn 411, Glued (turd P �� �ear� go/0 ''D' • : in o f hear JI?3 /lD • 7afc' .� • DOC. INDEX • • IN -HOUSE DISTRIBUTION LIST Royale Schneider Ron Melcher Mike Antijunti Mike Shane Code Administration Fire Dept. Engineering Division Water /Irrigation Carolyn Belles City Legal Dept. Jerry Robertson Office of Code Administration Code Administration Neighborhood and Development Services Sandy Cox City Clerk Bill Cook, Nathan Thompson Code Administration DECISIONS ONLY CED Director Code Administration DECISIONS ONLY DECISIONS ONLY DECISIONS ONLY For the Record /File Binder Copy DECISIONS ONLY i Type of Notice: r ecc r ith /G ' 0/0± c )0(10 hi CJOSed Wad A ear" U 1 z-o r Lr?� L_Li Cf'a`- File Number(s): LS EPA - JO He ay-it-2o Date of�g: / � 3 / tr) DOC. INDEX Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Tuesday, March 02, 2010 4:42 PM • • To: Kloster, Debbie Subject: Legal Notice Example - 2010 Zoning Updates - SEPA002 -10 • Attachments: Notice of App, SEPA, and Hearing - 2010 UAZO Amdmts - SEPA002 -10_ Legal Notice.doc Debbie, Attached is the legal notice which was published for the Planning Commission Public Hearing on the 2010 Zoning Updates (SEPA #002 -10). This is an example for you to use for publishing the City Council hearing which will be set on March 2, 2010 for a closed record public hearing on March 23, 2010. The mailing labels will be delivered to you shortly. Thanks! 12psatinda Marra Planning Technician ribarra@ci.yakima.wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575 -6183 f: (509) 575 -6105 • • • DOC. INDEX 3/2/2010 # �`� ..�4 4 1116.1 � �i '. fir;: • G 4 ^.Sae�w r� �C` ' 1 I1� � , � SIGN—IN SHEET City of Yakima Planning Commission Yakima City Hall Council Chambers Wednesday February 24, 2010 3:00 p.m. - 5:00 p.m. Public Hearin ' s t; O ,!r'�s ��a 'r ti . �� �' 1a ::�, q r q;' "iii. , ,,, F ,#,yxk °'y l. t lag "' i 9 e .. ' i4't 3i . P ., t r..y^y_ 3 l d t, n .�� ,`,p..., , Comprehensive Plan Text Amendment - CPA #004 -09 A. _ Yakima Resources and City of Yakima SEPA #018 -09 B. 2010 Zoning Updates SEPA #002 -10 PLEASE WRITE LEGIBLY of iri'+3"1C x� �„ 9, i - � �}� + �'.i,: C"N � ) ? }F : 4 � � t +" ,�y.a -'� r.e � -n �';y5 '� 'R �a?� "7 c �`! t m '� f s " . �;ts � m i ��Fi �,s+ ^i si a ,�3,f '� �. t#} u ?F0 4 ` , } ``` t. e '� - +r P � , y�«�w ��` ,c , i•' 1a q ., , „��,, x Mti7 � hF'n 4�S� �w�� `a �`. +�%� ����� +��w�. a?� ��.� '��; d. � ; .s 1�� r Sw � 'fix *:Z`"r�t�rx9E, . -'�`� ; ?`k:4.z ;a . _'�i ±,C w . s , i, ;,,, ,10c u'�- ,:R V ' fa . ,:' vb� z { ., n r a*�r y r r A r , li: ?'„ Y,, 4:� u 1 L_ E i -1y+ZT 7 � a 2 u ri W � � it Q y P 2.i tU L.sz N FICk(CS ( p g9 7 • i ki 1 I-1-01.e CotilAi Pittori,),7 ul v(,,, el. C1)_____ 1 100q AlvelAmu g4_ y 8 d 3 SA Cf4gM d Di 4o5 EAST Li ILY— o L LI ,N.a- ° I3 6 ) o 1 C,,011A t o E 1S 1 rt R a..Li rt:: e 90 9-DO . \ - 1 M 1 D-.1- \ 11 V N 1N/ . 2-.S I'r1 P -`N `I - \(AZ -►MA 6c) ° 1 v�A 6(,1 /k 1, v 5 . o� 90'e/ ate,a, 14 letit, 911 5 , 4z-(_ 7CYc • Page 1 DOC. Sign -In Sheet — 02/24/2010 Planning Commission Public Hearings INDEX P -5 x DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 1 1 :44 4 .. !:.... rii I�Q�'s Planning Division l & � { 129 North Second Street, 2nd Floor Yakima, Washington 98901 ., `' ,s (509) 575 -6183. Fax (509) 575 -6105 1 � - lt>e -� www.buildi.ngyakima.com r www.ci.yaki.ma.wa.us /services /planning/ City of Yakima Planning Commission Public Hearing Yakima City Hall Council Chambers Wednesday February 24, 2010 3:00 - 5:00 p.m. RPC Members: John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Rockey Marshall, Jerry Craig, John Gehlsen, and John Crawford City Planning Staff: Joan Davenport, Planning Manager; Bruce Benson, Supervising Planner; Vaughn McBride and Jeff Peters, Associate Planners; Chris Wilson, Alice Klein, and Joseph Calhoun, Assistant Planners; and Rosalinda Ibarra, Planning Technician County Planning Staff: Steve Erickson, Phil Hoge • Agenda _ I. Call to Order . II. Approve the Minutes of January 13, 2010 III. Opening of 2010 Comprehensive Plan Amendments Process IV. Public Hearings: A. Comp Plan Text Amendment - Wiley Inc., Leelynn Inc., ATR Land, LLC dba Yakima Resources and City of Yakima (CPA #004 -09, SEPA #018 -09) B. 2010 Zoning Ordinance Amendments (SEPA #002 -10) V. Other Business VI. Adjourn DOC. III INDEX re 1994 • AFFIDAVIT. OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: SEPA #002 -09 2010 Zoning Ordinance Updates City Wide • I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of DNS. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, listed SEPA agencies, and all interested parties of record. That said r property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were. mailed by me on the 19th day of February, 2010. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. A, . o alinda Ibarra Planning Technician • • 411 DOC. INDEX # 3 -3c! • 230930 INC 230930 IN - -""� 230930 INC ,4 /7 9N9THST 9N!...." - T 9N9T- ....' ' ''" YAKIMA Washington 989012522 •` IMA, Washington 989012522 YAK A, Washington 989012522 • 19131911025 19131911030 19131911031 230930 INC 230930 INC , . 230930 IN � m 9 N 9TH ST ,,': r 9 N 9T V 9N.�.7.1' YAKI ,44 ashington 989012522 Y • s%A Washington 989012522 IMA, Washington 989012522 19132913444 19132913435 19132913445 ATLANTIC RICHFIELD COMPANY ATLANTIC RI 7.r. -' i COMPANY ATLANTIC RICH , zx ; . 0" COMPANY PO BOX 5015 PO BOX,,,, OX 'A`'' PO BOX 51,,, BUENA PARK, California 90622 BU * ,w - •ARK, California 90622 BU • • • California 90622 19131841001 19131841001 19132924425 • BOISE CASCADE CORP BOISE CASCAr ,_° ° ••�•Y BUD (WENS F�� = r • IMITED 800 W BRYN MAWR AVE 800WB•! „ ' . AWR AVE PARTNE ....tr ITASCA, Illinois 60143 ITA ., 60143 PO 129 SELAH, Washington 989420129 19132924433 19131911075 19131911074 BUD OWENS FAMILY LIMITED CC SIGNS L ' W . - t ` ' , CC SIGNS LL �.. • PARTNERSHIP '' 1 112E ►,', ` ILL BLVD = ., 11 12 E !s ILL BLVD S OIBOX Washington 989420129 Y:,.: =Ql A, Washington 98901 7 , YA .- • A, Washington 98901 19131844412 19132924440 19131844027 CEDARS INN YAKIMA CENTRAL WASHING TON FAIR ASSOC CHALET HEALTHCARE INC '® . 1232 SE COLUMBIA DR 1301 S FAIR AVE 115 N 10TH ST RICHLAND, Washington 993524762 YAKIMA, Washington 98901 YAKIMA, Washington 98901 19130734405 19130734007 19131843003 CHINOOK BUSINESS PARK LLC CHINOOK B .7,-"• SS PARK LLC CHINO() ,!- . ESS PARK LLC 1901 N 4TH ST 1901 1\1_1•-• = ST 1 1,, H ST YAKIMA, Washington 98901 Y,1 -""'' A, Washington 98901 YAKIMA, Washington 98901 • 19131844411. - 19132913437 19130734401 CITY OF YAK DEPT OF TRANSPORTATION DOLSEN INVESTMENT PROPERTIES LLC 129 N 2N PO BOX 12560 301 N 3RD ST YA , Washington 98901 YAKIMA, Washington 98909 YAKIMA, Washington 98901 19130734402 19130734403 19131911077 DOLSEN INVESTMENT PROPERTIES LLC DOLSEN INVEST►„,,,,_4 ° "ROPERTIES LLC EMERALD HOLDINGS LLC PO BOX 1726 3 R D �" 102 15TH ST NE YAKIMA, Washington 98907 YA ,--4-'"'', Washington 98901 AUBURN, Washington 98002 • -19132031441 19132924406 19132924405 ENTRE INCORPORATED GREENWOOD NORTH/YAKIMA LLC J & S RISING LLC POBOX637 3312E27THAVE 2910 E 57TH AVE # 5174 COLVILLE, Washington 991140637 ' VANCOUVER, British Columbia V5RIP7, SPOKANE, Washington 99223 Doc. 19132924404 19131844022 INDEX 19131844023 2 � A ,. J & S RISING LLC JELDWEN INC # p '> JELDW ^vy.. 223 W 2ND AVE PO BOX 1329 PO e.< ' 1329 SPOKANE, Washington 99201 KLAMATH FALLS, Oregon 97601 K "AMATH FALLS, Oregon 97601 ' `:/ KMC•HOLDINGS IRR LIVING TRUST KMC HOLDIN _ ,•@0' �' LIVING TRUST . LEELYNN INC PO BOX 3037 PO BOX !' 324E 12TH AVE # 2 UNION GAP, Washington 989033037 UNIO,"' AP, Washington 989033037 EUGENE, Oregon 97401 21003 19131812001 19131824420 msµ L NN INC AND WILEY MT INC LEELYNN INC • ■ .,n' LEY MT INC LEELYNN INC AND w �.r EY MT INC PO BOX 1799 PO BOX 17..' PO BOX 1799, ' ,: "'- SPRINGFIELD, Oregon 97477 SPRI '— LD, Oregon 97477 • SPRING, x' #`" II, Oregon 97477 19131823421 19131823427 19131824419 LEELYNN INC ILEY MT INC • LEELYNN INC LEY MT INC LEELYNN INC AND - ' MT INC PO BOX 17 7 '- ^'""'' PO BOX 1 _ PO BOX 179 , 0s' ' • SPRI ! -''' LD, Oregon 97477 SPRI '`' LD, Oregon 97477 SPRI ..,r`' D, Oregon 97477 19131824001 • 19131824402 19131831453 emu LEELYNN INC AN °" EY MT INC LEELYNN ►, °�' D WILEY MT INC LEELYNN INC AN r .•' ^""` MT INC PO BOX 1799°"`' O ' PO B ., 9 PO BOX 179 ,.. SPRINGF.7,' - ' 1i, Oregon 97477 SP'- 'IGFIELD, Oregon 97477 SPR ,r, D, Oregon 97477 19131842001 19132924443 •19132924428 , ' LEELYNN INC AND,,,..,- Y MT INC LR HOLDING LLC • LR HOLDING L„,„,• PO BOX 1799 410E ARLINGTON 410 E A • „' ON SPRINGF .. °` , Oregon 97477 YAKIMA, Washington 98901 YA ,.. ° i fr , Washington 98901 19132924431 19132912400 19132924424 { MARSHALL & KATHRINE CYMBALUK D.,. -' LLC NOB HILL SHOPS LLC 4 - FAMILY LLC ” LINGTON 2018 BIRCHFIELD RD YAKIMA, Washington 98901 4103 100TH PLACE SE YAKIMA, Washington 989019580 • EVERETT, Washington 98208 19131912547 • 19131843002 19132913419 NOEL CORPORATION PACIFIC POWER & LIGHT CO RICHARD D SMITH RENTALS LLC PO BOX 111 825 NE MULTNOMAH STE 1600 1908 SLIGER RD YAKIMA, Washington 98907 PORTLAND, Oregon 972322131 YAKIMA, Washington 98901 19132913414 19132913419 19131911026 RICHARD D SMIT- -• "`' PALS LLC RICHARD D S ;..•.• • " ENTALS LLC ROYS AUDIO VISUAL LLC 1908 SLIGE • J-..t.' 1908 SLI _,.•R''° ' 1 432 N RIVARD RD YAKI ^ashington 98901 YA a�,,. Washington 98901 MOXEE, Washington 989369701 • 19132912401 19132924436 19132913427 SODA INC SOUTHLAND CORPORATION STATE OF WA DEPT OF PO BOX 402 2828 N HASKELL AVE TRANSPORTa „w• :' "'” YAKIMA,. Washington 989070402 • DALLAS, Texas 752042909 PO B9.,,,.' 60 M Y.. A, Washington 989092560 • 19132913429 19132913430 19132913432 • • STATE OF WA DEPT, STATE OF WA D Sw ° F STATE OF WAD ,t--- F TRANSPORTA ,0 TRANSPO7,, .."' - ON TRANSPO', '"' ION P' -_.i PO B -x PO .' 2560 ' Washington 989092560 Y •''' MA, Washington 989092560 Y" IMA, Washington 989092560 19132913433 19132913436 19132913428 �� 0 a o 0 STATE OF . �iEPT OF STATE OF .,„, -. EPT OF . STATE OF.. , . 1 EPT OF TRANS'," ATION TRANSP1'TATION TR • !O :F °�RTATION a P0134 12560 PO BOX 12560 PO :OX 12560 YAKIMA. Washington 989092560 YAKIMA. Washington 989092560 YAKIMA. Washington 989092560 STATE OF Y r` PT OF TARGET CORPORATION T0760 TSP YAKIMA LLC :i TRANS ', .1')'' . ATION PO BOX 9456 2001 CENTER ST PO ;/ 12560 MINNEAPOLIS, Minnesota 554409456 TACOMA, Washington 984097895 YA ' IMA, Washington 989092560 19132913434 19132913440 19132913441 • WA STATE D _ ' -1F TRANSPORTATION WILSON REAL ESTATE LLC WILSON REAL ESTAT „ _LLC PO BOX „ �-` 0 1104 E MEAD AVE 1104 E ME .. -�” ..k, YA A, Washington 989092560 YAKIMA, Washington 98903 YA -•• 98903 19131844409 19131844410 19131844402 WRP GATEWAY LLC WRP GATEWAY WRP GATEWAY a,•, ,. PO BOX 4184 PO BOX 418,„.x -- ' POBOX4',: ' BELLEVUE, Washington 98009 BELLEV,...'', Washington 98009 BE , E, Washington 98009 19131844405 19131844401 19131911510 WRP GATEWA r , - : C WRP GATEWAY •_""� WRP GATE °- C ' PO BOX - g PO BOX 41:„1,,.'''''' Washington g PO BO.. ■ BELL, •': L µ, E, Washington 98009 BE ,.. ' ton 98009 VUE, Washington 98009 19131844031 19132924401 19132922001 YAKIMA BOB'S BURGERS & BREW LLC YAKIMA COUNTY YAKIMA COUNTY COMMISSIONERS 6607 N APPLEVIEW RD 128 N 2ND ST 4TH'FLOOR 128 N 2ND ST #232 YAKIMA, Washington 98908 YAKIMA, Washington 98901 YAKIMA, Washington 98901 19132913447 19132924402 19132924402 YAKIMA COUNTY COMMISSIONERS YAKIMA COUNTY „P.: " SSIONERS YAKIMA COU►, " i MMISSIONE� 1213 S 18TH ST 128 N 2ND ,.- •`'- 128 N ,,."•',' '' #232 YAKIMA, Washington 98901 YAKI►, - y ashington 98901 YA' A, Washington 98901 19132921007 19132921008 ' 19132921007 • YAKIMA COUNT BLIC WORKS YAKIMA COUNTY ' C :' IC W WORKS YAKIMA COUNT ' � WORKS 2ND & B ST' -' • 2ND & B ST t ,.. - -`" 2ND & B S '- _, . YAKIM, - i ashington 98901 YAKI ,---, ` ∎ # ashington 98901 YAK,.! -', ashington 98901 • 19132921007 19132924439 ,--..- 19132924403 YAKIMA COUN„, ,.. - ce BLIC WORKS YAKIMA COUNT ....' -: IC WORKS YAKI :'i TY PUBLIC WORKS 2ND & B _ '' - 2ND & B 2 =•F ° :B STR YAKI Washington 98901 YAKI ' , Washington 98901 YAKIMA,- Washington 98901 19131844030 19131 19132913402 YAKIMA HOTEL LLC • YAKIMA HOT S; , ; .•^° - C YAKIMA PROPERTIES INVESTORS 1901 N 4TH ST 1901 N 4 , -` 4204 HUNTS POINT RD YAKIMA, Washington 98901 YA,. ', Washington 98901 BELLEVUE, Washington 98004 19132912006 19132913401 19132913405. YAKIMA PROPERTY INVESTORS YAKIMA PROP .,, "INVESTORS YAK ��. °-°' OPERTY INVESTORS .136 ROZA VISTA DR 136 ROZA �., A DR . OZA VISTA DR YAKIMA, Washington 989011548 YAKI. ashington 98901'1548 YAKIMA, Washington 989011548 19132913443 ... 19132913410 19131844002 �g uj YAKIMA PROPE.; INVESTORS YAKIMA PRO', INVESTORS YAKIMA RESIDENCES LLC O 136 ROZA VI ,:.$ DR 136 ROZA ., =Y` TA DR 1105 PORTER WAY 1...1 Z it YAKIMA, `ashington 989011548 YAK' , Washington 989011548 MILTON, Washington 98354 • ANGELA NEWPORT ANGELA NEWPORT YAKIMA SCHOOL DISTRICT #7 PO BOX 637 _PO BOX 637 104 N 4TH AVE COLVILLE, Washington 991140637 COLV °' ashington 991140637 YAKIMA, Washington 98902 1423 19132031421 19132912024 IA GONZALEZ ' BALDEMAR GARDUNO BONNIE JENNE 613 S 15TH AVE 554 CHAPPEL LN 4248 A ST SE #205 . YAKIMA, Washington 98902 MOXEE, Washington 98936 AUBURN, Washington 98002 . 19132913420 19132913421 19132924435 CARLOS A & CELENE SOTO CARLOS A & : �`NE SOTO DAVID LARSON 1902 SLIGER RD 1904 SLIG 7606 TIETON DR YAKIMA, Washington 989013624 YAKI∎ p/= ;Washington 9890 jr YAKIMA, Washington 98908 • I 19132924409 19132031451 19132031452 DAVID LARSON • . DIANA ROD Z DIANA RODRIGUE .- 1312 S 18TH ST 330 SOU EW PIS fi 330 SOUTHV �-°'•1 S YAKIMA, Washington 98901 SAL , Oregon 97302 , SAL i- egon 97302 i 19132924429 19132924430 19132924432 �,.„_ - DOUG OWENS DOUG OWENS • DOUG OWEN . PO BOX 129 PO BOX 129 PO B ? SELAH, Washington 989420129 SELAH, Was ,•• i`ton 989420129 SEL.' Washington 989420129 1 24434 19132913418 19132913417 OWENS FILIBERTO CISNEROS FILIBERTO CIS "•S I 129 1805 SLIGER RD 1805 SLI � - 111 • SELA ashington 989420129 YAKIMA, Washington 98901 YA _. %A, Washington 98901 19132031453 19132034007 19132924422 FRANK L & VIOLET REED JAMES E DOVER JAMES W & CONNIE.0 STONE 1506E BEECH ST 1413 PACIFIC AVE 750 STARVIEW RD • YAKIMA, Washington 98901 YAKIMA, Washington 98901 YAKIMA, Washington 989039063 19132924421 „ " °' 19132924420 19132924419 JAMES W & CON!. - "C STONE JAMES W & '' 'E C STONE JAMES W & CONNIE ,,„_- 750 STARVI .. -. D 750 ST .'-w" W RD • 750 STARVI ;,,.�'::" YAKIM t.- ∎ ashington 989039063 Y ,_.< A, Washington 989039063 • YAK1►,= �• 989039063 19132031431 19132913403 19132913407 JANIS HELEN FIFE • JEFF & SARAH BAKER JEFFERY ALAN F„.!, F„.a -' `"' 1603 E RACE ST 504 N 40TH ST 504 N 40 r , >: YAKIMA, Washington 98901 YAKIMA, Washington 98901 YA.,•• ° • , Washington 98901 19132031424 19132913404 19132913442 JERRY L. RANK JESUS H & DOROTHY L PADILLA JOHN & ASSOCIATES DURBIN 2017 S 16TH AVE 1201 S 18TH ST 4204 HUNTS POINT RD Y A, Washington 989031213 YAKIMA, Washington 98901 BELLEVUE, Washington 980041106 V • 1 • • 19132031430 19132034006 19132913423 X JOHN E KERSLAKE JOSEPH HENRY JUDY MAE JONES 0 0 3402 W YAKIMA AVE 401 S 11TH AVE # 1 1906 SLIGAR RD 0 Z • YAKIMA, Washington 98902 YAKIMA, Washington 98902 YAKIMA, Washington 98901 KENNETH RINK KENNETH R ■ . KENNETH H 7605 WESTBROOK AVE 7605 W a`°° OOK AVE 1306 S 8 / , ,„ d ((j YAKIMA, Washington 98908 Y • ,;: =`% „."•"•:" , Washington 98908 YA A, Washington 98901 1``w 19132913424 19132924411 19132031021 II LYNN D EMERY MARGARITO A & VICTORIA C SOTO MARYLOU PERO 1901 SLIGER RD 1308 18TH ST 5808 SUMMITVIEW AVE # A PMB 196 YAKIMA, Washington 98901 YAKIMA, Washington 98901 YAKIMA, Washington 98908 • 19132034005 19132924426 19132031445 MICHAEL S STEELE • MIGUEL & JESSICA FLORES NORMA BARAJAS 2548 S PECK RD #48 5410 DOUGLAS DR 617 S 15TH ST MONROVIA, California 91016 YAKIMA, Washington 98908 YAKIMA, Washington 98901 19132913446 19132912009 19132912010 PAUL DOVE RAFIK NAQIB RAFIK NAQIB ,,,,.y - ,, 1309 S 18TH ST 22426 85TH AVE W 22426 85T -..- 4 W YAKIMA, Washington 98901 EDMONDS, Washington 980268214 ED !!• Washington 980268214 19132912012 19132924418 19132031427 •. °'✓ RAFIK N REYES TORRES ROJAS ROY J SMIT i 2242 H AVE W 1703 DALTON RD 203 FRE "IT AVE r, ONDS, Washington 980268214 YAKIMA, Washington 989013612 SE .•; , 5'; ashington 98942 19132031422 19131911027 19131911029 SALVADOR BERMUDEZ SCOTT HILLIARD SCOTT HILLIARD 611 S 15TH ST 503 CANYON RD 503 CANYON .,,!"'-+ • YAKIMA, Washington 98901 YAKIMA, Washington 98901 YAKI Ia ington 98901 '19131911028 19132912014 19132913422 SCOTT HILLIARD SHERRY CRIVITS TAD C & GAYLE L MOLDY , 503 YAKIMAYON" • ington 98901 YAKIMA, Washington 98901 YAKI / IGE. • ashington 98901 I . �, 19132031439 19132031006 19132031022 TED POLLOCK TED POLLOCK TED POLLOC f -• -.• 2610 SEBAYPOINTDR# 17 2610 SE BA "IT DR# 17 2610SE 'OINTDR# 17 VANCOUVER, Washington 986839196 VAN, ! ER, Washington 986839196 V • _s.'IUVER, Washington 986839196 19132031440 19132031442 19132034010 TED POLLOCK TED POLLO ,.� '-- THEODORE • • ', " " "•CK 2610 SE BA ,.. •INT DR #17 2610 SE '•"°" P OINT DR #17 2610 S. ° POINT DR #17 VAN e- .`DER, Washington 986639196 V, %-"' . OUVER, Washington 986639196 VA's'" OUVER, Washington 986639196 19132031016 19132031003 19132031002 "- THEODORE A POL '' THEODORE A PO . y' +CK THEODORE r --` + LOCK 2610 SE BAY • !. 2610 SE BA rr ^ -d NT 2610 - .--`': POINT VANCOU ,•• , Washington 98683 VANC - rDER, Washington 98683 V •° ° COUVER, Washington 98683 fik 19132034013 -'" 19132034002 19132034008 THEODORE A PO a' ICK THEODORE A P._.� -'� K TH • .tea ' OLLOCK 0 CO 2610 SE BAY .'..e.- T DR # 17 2610 SE B e `" DINT DR #17 2610 S„,-':AY POINT DR #17 °" 4k VANCOU '*''R, Washington 986639196 VANCi ER, Washington 986639196 VA '''OUVER, Washington 986639196 THEODORE • t..I'"'LOCK THEODORE e ii OCK THEODORE A POLLOCK U # I 7 2610 S- r* • POINT DR # 17 2610 SE BAY POI ,`°"' 17 VAN •UVER, Washington 986639196 V,4.4. OUVER, Washington 986639196 VANCO ,0F -' Vashington 986639196 Illi 1401 ' 19132912016 19132924423 ORE A POL '` THEODORE A •!� •CK TOMAS CRUZ 2610 SE BAYS - `,, DR #17 2610 SE • * DINT DR #17 1702 RUDKIN RD # 11 VANCOU "' , Washington 986639196 V • .,- 1.,Sei VER, Washington 986639196 YAKIMA, Washington 98901 19132924416 19132924415 19132912011 . VERNON L SIMPSON VERNON L SIMPS9,t •" WALTER H & BONNIE JENNE 18 W WASHINGTON # 8 18 W WASH ;,•t ON # 8 • 4248 A ST SE #205 YAKIMA, Washington 98903 YAKIMe, % 98903 AUBURN, Washington 98002 . 19132924417 19132912025 19132912022 WAYNE LEE BROOKS WENDY HOLLINGSWORTH WENDY M HOLL „1-: lORTH 1705 DALTON LN 1107 S 18TH ST # 45 1107 S 18 , YAKIMA, Washington 98901 YAKIMA, Washington 98901 Y • ..,., Washington 98901 19132912020 19132912019 - G • WENDY M HOLL1N ,M-{ iRTH WENDY M ROLLING n ' RTH 1913189,, -.4 1 107 S 18TH ST,,, 1107 S 18TH ST „,. YAKIMA, ,„,e:' mgton 98901 YAKIMA ,;;,% f ington 98901 Fp 99999 191329999 ” '''''`" .482' ' 1 1 10 tZt ! ( /M /1= Total Parcels RD Zone Property Owner Lis • 2010 UAZO Updates ()KIS • . 50,0002- . gi 6 ii 0 , • • . DOC. . INDEX • Parties of Record — 2010 UAZO Updates — SEPA #002 -10 Kent Persson Yakima County Public Works Tom Durant. 801 Hennessy Road Flood Control District 513 N. Front Street, Suite Q • Yakima, WA 98908 128 N. 2 Street Fourth Floor Yakima, WA 98901 Yakima, WA 98901 • Dianna Woods Alfred Winkel Adam Smith Yakima County Public Works 4407 W. Larch Ave. 4607 Ahtanum Road Flood Control District . Yakima, WA 98903 Yakima, WA 98903 128 N. 2 " Street Fourth Floor Yakima, WA 98901 Kevin Futrell Scott Clark Wendy Espinoza Yakima Transit 2301 Fruitvale Blvd. United Builders Phoenix Protective Corporation Yakima, WA 98902 2112 Nob Hill Blvd. 1519 East Nob Hill Blvd Yakima, WA 92902 . Yakima, WA 98901 Scott Clark United Builders 7506 Barge Court Yakima, WA 98908 • • D CP.* S ,.Io • • • DOC. • INDEX # �3� • • Planning Commission Members John Gehlsen John P. Crawford Rocky Marshall 2103 S. 88`'' Ave.. t �, Yakima, WA 98903 8950 Bittner Road 805 N. 16 Ave Yakima, WA 98901 Yakima, WA. 98902 Bernie Kline John Hodkinson Jr. Jerry Craig 622 Country Club Dr . 218 East A Street 10802 Summitview Yakima, WA 98901 Yakima, WA 98901 Yakima, WA. 98908 Notice of DNS SEPA #002 -10 Date of Mailing: 02/19/2010 DOC. INDEX # n.3(2, SEPA REVIEWING AGENCIES Page 1 of 2 OD -RG, SEPA Reviewer Army Corps Dept. of Natural Resources Mr. Greg Griffith • PO Box c -3755 713 Bowers Rd Div. of 48343 & Hist. Pres. Seattle, WA 98124 Ellensburg, WA 98926 PO Box 48343 Olympia, WA 98504 • Cascade Natural Gas Dept of Soc /Health Service 701 S. 1 s` Ave Capital Programs Ofc. Bldg #2 WA State Attorney Gen. Office Yakima, WA 98902 MS OB -23B 1433 Lakeside Ct. Ste102 Olympia, WA 98504 Yakima WA 98902 Washington State Dept of Health Chamber of Commerce Office of Drinking Water City of Union Gap 10 N 9 St. Attn: Christine Collins PO Box 3008 Yakima, WA 98901 16201 E Indiana Ave, Ste# 1500 Union Gap, WA 98903 Spokane Valley, WA 99216 . Dept. of Transportation Tom McAvoy Gary W. Pruitt Planning Engineer Q -West. Clean Air Authority 2809 Rudkin Road 8 S. 2 " Ave. Room 304 . 329 North l Street Union Gap, WA 98903 Yakima, WA 98902 Yakima, WA 98901 Environmental Protection Agency West Valley School District Mr. Lee Faulconer 1200 6`'' Ave. MS 623 Attn: Peter Ansingh Dept. of Agriculture Seattle, WA 98101 8902 Zier Road PO Box 42560 . Yakima, WA 98908 Olympia, WA 98504. 411 FAA • Yakima Co Health Dist Gwen Clear 2200 W. Washington 1210 Ahtanum Ridge Drive Dept of Ecology Yakima, WA 98903 Union Gap, WA 98903 15 W. Yakima Ave. St. 200 Yakima, WA 98902 Department of Ecology Yakima Greenway Foundation Environmental Review Section Nob Hill Water Co 111 S. 18`'' St. 6111 Tieton Drive Yakima, WA 98901 PO Box 47703 Yakima, WA 98908 Olympia, WA 98504 -7703 • • Chuck Hagerhjelm Yakima School District Pacific Power WA State Emergency Mgmt. Div. Superintendent Mike Paulson Mitigation, Analysis & Planning Mgr 104 N. 4 Ave Building 20 500 N. Keys Rd Yakima, WA 98902 Yakima Camp Munay, WA 98430 -5122 WA 98901 Yakama Indian Nation Yakima Airport Cultural Resources Program- • Yakima- Klickitat Fisheries Project •Manager John Marvin 2400 W. Washington Ave Johnson Meninick, Mgr 771 Pence Road Yakima WA 98903 PO. Box 151 • Yakima, WA 98909 I Toppenish, WA 98948 YVCOG • Yakama Indian Nation Ahtanum Irrigation District Transportation Planner Environmental Protection Prog. P.O. Box 563 311 'N. 4 Street STE 202 Moses Segouches Yakima, WA 98907 PO Box 151 IP Yakima, WA 98901 Toppenish, WA INDEX • • # 6_ 3c, SEPA REVIEWING AGENCIES Page 2 oft • 41/ Federal Aviation Administration Environmental Coordinator Wastewater Division Cayla Morgan, Airport Planner . Bureau of Indian Affairs • stewater Treatment Plant Seattle Airports District Office p0 Box 632 1601 Lind Ave. S.W. Toppenish, WA • 98948 • Renton, WA 98055 -4056 Ruth Jim Mr. Marty Miller Yakima County Commissioners Yakama Tribal Council Office of Farm Worker Housing • PO Box 151 1400 Sununitview #203 Toppenish, WA 98948 Yakima, WA 98902 • Mr. Vern Redifer Dept. of Archaeology & Historic Eric Bartrand • Yakima County Public Services • Preservation Dept. of Fisheries • PO Box 48343 1701 S. 24 Ave Olympia, WA 98504 -8343 Yakima,•WA 98902 • • John Baugh WSDOT Aviation Division Mr. Steven Erickson Yakima Valley Museum John Shambaugh Yakima County Planning 2105 Tieton Drive 18204 59 Drive NE, Ste. B Yakima, WA 98902 Arlington, WA 98223 • Dept. of CTED Soil Conservation Dist Yakama Indian Nation • Growth Management Services • Attn: Ray Wondercheck Environmental Review Coordinator Thalia Sachtleben PO Box 42525 1606 Perry St Suite F ympia, WA 98504 -2525 Yakima, WA 98902 P.O. Box 151 • Toppenish, WA 98948 Department of Fish & Wildlife . c/o Markleske 201 North Pearl Ellensburg, WA 98926 • Type of Notice: tN S . File Number(s): 5f bDZ -'f b Date of Mailing: 21/6-111 0 ill • DOC. INDEX # Review Team STATE AGENCIES REVIEWING CTED Eric Heintz COMP PLANS Growth Management Services Department of Corrections - -- REVISED June 2008 P.O. Box 42525 P.O. Box 41112 Olympia, WA 98504 -2525 Olympia, WA 98504 -1112 Jennifer Hayes Kelly Cooper SEPA /GMA Coordinator Dept of Fish & Wildlife Dept of Health / Drinking Water Dept. of Ecology P O Box 43155 P O Box 47820 P O Box 47600 Olympia, WA. 98504 -3155 Olympia, WA. 98504 -7820 Olympia, WA. 98504 -7600 Hugo Flores Elizabeth McNagny Lorinda Anderson WA State Dept of Natural Resources Department of Social and Health Services Recreation and Conservation Office GMA /SMA Planning & State Harbor Areas P 0 Box 47027 P.O. Box 45848 P.O. Box 40917 Olympia WA. 98504-7027 Olympia, WA 98504 -5848 Olympia, WA 98504 -0917 Greg Griffith Bill Wiebe Bill Koss • Department of Transportation Department of Archaeology & Historic Parks and Recreation Commission P.O. Box 47300 Preservation P.O. Box 42650 Olympia, WA 98504 -7370 P.O. Box 48343 Olympia, WA 98504 -2650 Olympia, WA 98504 -8343 • DNS ,gyp • Sa 2 I 1° DOC. INDEX # B -3c IN -HOUSE DISTRIBUTION LIST • Royale Schneider Ron Melcher Mike Antijunti Mike Shane Code Administration . Fire Dept. Engineering Division Water /Irrigation Carolyn Belles City Legal Dept. Jerry Robertson Office of Code Administration Code Administration Neighborhood and Development Services Sandy Cox City Clerk Bill Cook, Nathan Thompson Code Administration DECISIONS ONLY CED Director Code Administration DECISIONS ONLY DECISIONS ONLY DECISIONS ONLY For the Record /File Binder Copy DECISIONS ONLY • Type of Notice: 1)1\15 File Number(s): 3IA0A 2_ —10 Date of Mailing: Zr hl 110 UOC INDEX # 13-3c WASGTON STATE ENVIRONMENTAL- Ibarra, Rosalinda POLICYa °ACT • • DETERMINATION OF , - NONSIGNI CITY•OF.. ' From: Legals [Legals ©yakimaherald.com] WASHINGTON February 19 2010 Sent: Wednesday, February 17, 2010 1:17 PM P O ECT , INFORMA Project: Location City To Ibarra, Rosalinda Wide', Project Applicant City of Subject: Re: 02 -19 -10 Legal Notice: DNS - 2010 Zoning Updates - SEPA002 -10 Yakima Department of Comrnumry,, & %. Economic' Development , ;' I've scheduled this legal notice for 2/19, for a cost of $130.85. : File Numbers) SEPA #002 -10 2010`-.UAZo Amendments <' Project Description The On 2/17/10 9:52 AM, "Ibarra, Rosalinda" <ribarra©ci.yakima.wa.us> k; CitY,Of Yakima Depart= ment', of Community. =•`& Economic "Development is • proposing various amend- Please publish only once on Friday February 19, 2010 merits to Its urban - Area p y y Y / Zoning ordinance (UAZO ` Title, t5(sections 15YMCO2:020 ''15:04:030,; 15.04:050 ' .:15 04.06;' Send affidavit of publication and invoice to: Account 1 1002 15.04x160 1509.020 0 . '.15 06.0': 1 0 6:0 65 : 15. 030 ,1 5 0 14 40; 0 ; City of Yakima Planning Division 15 1508 15 :09:045, - '•!;15:17:020))V&, la t o th l us an tl de 129 North 2nd Street, Yakima, WA 98901 inthe:City of Y ENVIRONMENTAL RE =i The lead agency for this proposal has ''determined that it. does not have, a probable significant ad verse 'impact on <the �envr ' ronmenf An enyironmen Rosalinda Ibarra tai impact s tatement (EI5)i' ' is not? reqquired under RCW ,43 21 C:030 (2) • (c). This decision was made,.. Planning Technician after review of a;complet an oth en er info i ohecko an n d oth information on file with •the lead agency ' ribarra @ci.yakima.wa.us This information is avaiia ble a tothe public on re =' • ' quest; �a -, t i [xi T h is ; DNS is issued of -- • ter u siri g; the. optio -DS' proc ess "m WAC :197 =1 N i . } There is no further coin -: City of Yakima mentpe,'riodontheiDNS " I Responsible official: William R :Cook Positiori/fitle SEPq Re 129 North 2nd Street P no�e i bs s ffiai a 1 Address 129 , cs4N 2nd Street: Yakima .WAs98901 Yakima, WA 98901 ; Date February 19,°2010 ' (X] YOU ''may app8al ,this deternunation to - :Joan Da venport :;Planrnng'Manag p (509) 575 -6183 Yak ma WA'9eso treno later than: March 5 „ ` 2010'`. by (1101001) m Coolete-ap'- f: (509) 575 -6105 ; . Peal apolication form 'payment of $505 aooeal • ' hould be prepared.10 You s i make specific factual' oti- - jections Contact the `City of ,Yaki -. ria Planning Divi to read: or ask about ,the •pio'- cedures 'for SEPA' "ap_ peals ' The complete document r.r PV ry r vu r.r rtia rea rtia ra.r «,r MI nr (V ; • may be; ,;viewed -, or'. ob- - • tamed at.the , City `of.Yaki- Simon Sizer ma Plannin INVision' 129 N 2nd Street or on Legal /Obituary Clerk the City of,'Yakimas,+;web, site at htto / /www of vaki ma •wa us/services/plan Yakima Herald-Republic - nin e / Phone: 509 -577 -7740 (09553151) February 19 Fax: 509 -577 -7766 ?ot0 Legals @yakimaherald.com INDEX # 6 _3,6 2/17/2010 • PRESS RELEASE WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON • February 19, 2010 PROJECT INFORMATION Project Location: City Wide Project Applicant: City of Yakima Department of Community & Economic Development File Number(s): SEPA #002 -10 - 2010 UAZO Amendments. • Project Description: The City of Yakima Department of Community & Economic Development is proposing various amendments to its Urban Area Zoning Ordinance (UAZO YMC Title 15 (sections 15.02.020, 15.04.030, 15.04.050, 15.04.060, 15.04.160, 15.05.020, 15.05.030, 15.06.040, 15.06.065, 15.06.090, 15.06.110, 15.06.140, 15.06.150, 15.08.130, 15.09.045, 15.17.020)) relating to the regulation of land use and development in the City of Yakima. • ENVIRONMENTAL REVIEW The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. ® This DNS is issued after using the optional DNS process in WAC 197 -11 -355. There is no further cominent period on the DNS. Responsible official: William R. Cook Position/Title: SEPA Responsible Official Phone (509) 575 -6113 , Address: 129 N 2" d Street, Yakima, WA 98901 Date February 19, 2010 ® You may appeal this'determination to: Joan Davenport, Planning Manager, at 129 N 2 Street, Yakima, WA 98901. no later than: March 5, 2010 by . (method) Complete appeal application form and payment of $505 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. The complete document may be viewed or obtained at the City of Yakima Planning Division at 129 N. 2 Street or on the City of Yakima's website at http://www.ci.yakima.wa.us/services/plannina/. • • 110 0U C INDEX • Ibarra, Rosalinda From: lbarra, Rosalinda Sent: Friday, February 19, 2010 8:07 AM • To: Adriana Janovich - Yakima Herald; Barbara Serrano - YHR; Brackney, Rosanne; Brown, Michael; Bruce Smith - Yak. Business Times; Chris Bristol - YHR; Claudia Moreno - Noticias Locales; Criag Troianello - . • Yakima Herald Rep.; Erin Snelgrove - Yak. Herald Rep; Gabriel Martinez - KDNA; George Finch - Business Journal; lbarra, Rosalinda; KIMA TV; KNDO News; KUNS -TV Univision; Lance Tormey; Lindsay France; Lou Bartelli; Lozano, Bonnie; Mai Hoang; Mark Morey; Marta Isabel Sanchez - Univision; NWCN; Randy Beehler - YPAC; Scott Mayes; Yakima Business Journal; Yakima Herald Republic Newspaper Subject: 02 -19 -10 Press Release: DNS - 2010 Zoning Updates - SEPA002 -10 Attachments: DNS - 2010 Zoning Updates - SEPA002 -10_ Press Release.doc Rosanne, please post to: http: / /www.ci.yakima.wa.us/ services / planning /SEPADeterrninations.asp Thanks! Wpsatinda I6arra Planning Technician ribarra @ci.yakima.wa.us City of Yakima 129 North 2nd Street • Yakima, WA 98901 p: (509) 575 -6183 f: (509) 575 -6105 • • • DOC. INDEX 2/19/2010 • • NOTICE OF DECISION Compliance with the Washington State Environmental Policy Act (SEPA) February 19, 2010 On January 29, 2010 the City of Yakima, Washington issued a Notice of Environmental Review, Request for Public Comment and Notice of Public Hearing for review of amendments to the City of Yakima's Urban Area Zoning Ordinance. Parcel number: N/A III City File Number: SEPA #002 -10 - 2010 UAZO Amendments Following the required 20 -day public comment period, and consideration of all comments received, the City of Yakima has issued the enclosed SEPA Threshold Decision. This decision may be appealed within 14 days from the date of mailing. Appeals must be in writing and on forms available from the City of Yakima Planning Division, 129 North 2nd Street, Yakima, Washington. The fee of $505.00 must accompany the Appeal Application. For further information or assistance, you may wish to contact Jeff Peters, Associate Planner at (509)576- 6163 at the City Planning Division. i / / / p Joa D avenport, Planning Manager Notice of Decision Mailing Date: February 19, 2010 Enclosures: SEPA Determination of Nonsignificance III UU INDEX '3 WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON February 19, 2010 PROJECT INFORMATION Project Location: City Wide Project Applicant: City of Yakima Department of Community & Economic Development File Number(s): SEPA #002 -10 - 2010 UAZO Amendments. Project Description: The City of Yakima Department of Community & Economic Development is proposing various amendments to its Urban Area Zoning Ordinance (UAZO YMC Title 15 (sections 15.02.020, 15.04.030, 15.04.050, 15.04.060, 15.04.160, 15.05.020, 15.05.030, 15.06.040, 15.06.065, 15.06.090, 15.06.110, 15.06.140, 15.06.150, 15.08.130, 15.09.045, 15.17.020)) relating to the regulation of land use and development in the City of Yakima. ENVIRONMENTAL REVIEW • The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. ❑ There is no comment period for this DNS ® This DNS is issued after using the optional DNS process in WAC 197 -11 -355. There is no further comment period on the DNS. ❑ This DNS is issued under WAC 197 -11 -340 (2); the lead agency will not act on this proposal for 20 days from the date below. Comments must be submitted by: . Responsible official: William R. Cook Position/Title: SEPA Responsible Official Phone 509 575 - Address: 129 N 2 " Street, Yakima, WA 98901 Date February 19, 2010 Signature ® You may appeal this determination to: •an Davensort, Planning • anager, at 12 ' . Street, Yakima, WA 98901. no later than: March 5, 2010 by (method) Complete appeal application form and payment of $505 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. ❑ There is no agency appeal. DOC INDEX #/ 3 • AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: SEPA #002 -10 2010 UAZO Updates City Wide I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Letter to RD Zone Property Owners Notifying of RPC Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to all property owners within the Regional Development (RD) zoning district, that said property owners are i individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 4th day of February, 2010. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. ' Rosalinda Ibarra Planning Technician DOC. INDEX I .r I r 1 a .(_,. I 230930 INC 230930 230930 INC „ �- 9 N 9TH ST 9 ST 9 N 9 ..6','.' k‘.....„' YAKIMA, Washington 989012522 AKIMA, Washington 989012522 Y" IMA, Washington 989012522 19131911025 .-! 19131911030' 19131911031 230930IN('si 230930 INC , <*' .,. . — 230930 INC ..,, 9N'[ -ST 9N9THST ...- . 9N9 YA IMA, Washington 989012522 YAKIM shington 989012522 Y MA, Washington 989012522 19132913444 19132913435 19132913445 ATLANTIC RICHFIELD COMPANY ATLANTIC RIGF.IJt,D COMPANY ATLANTI HFIELD COMPANY PO BOX 5015 PO BO 1 PO :.„! 5015 BUENA PARK, California 90622 B PARK, California 90622 B NA PARK, California 90622 19131841001 19131841001 19132924425 sr ' r " BOISE CASCADE CORP BOISE CAS E CORP' BUD OWE AM LIMITED 800 W BRYN MAWR AVE • 800 WYN MAWR AVE PAR SHIP ITASCA, Illinois 60143 ITAS A, Illinois 60143 '„' COX 129 �SELAH, Washington 989420129 19132924433 19131911075 19131911074 BUD OWENS FAMILY LIMITED -,,,e,--- PARTNERSHIP CC SIGNS LLC CC SIGNS LL,n, ``` • 1112 E NOB HILL BLVD 1 1 12 E 1.,'S :' ILL BLVD PO BOX 129 YAKIMA, Washington 98901 YA "A, Washington 98901 SELAH, Washington 989420129 19131844412 19132924440 19131844027 • CEDARS INN YAKIMA CENTRAL WASHING TON FAIR ASSOC CHALET HEALTHCARE INC II 1232 SE COLUMBIA DR 1301 S FAIR AVE 115 N 10TH ST RICHLAND, Washington 993524762 YAKIMA, Washington 98901 YAKIMA, Washington 98901 • 19130734405 19130734007 19131843003 CHINOOK BUSINESS PARK LLC CHINOOK Bp,1 PARK LLC CHINO BUSINESS PARK LLC 1901 N 4TH ST 1901 4frST 1 '4TH ST YAKIMA, Washington 98901 Y A, Washington 98901 AKIMA, Washington 98901 19131844411 19132913437 19130734401 CITY OF YAIIM ° A DEPT OF TRANSPORTATION DOLSEN INVESTMENT PROPERTIES LLC 129 N 2 ST PO BOX 12560 301 N 3RD ST Y " A, Washington 98901 YAKIMA, Washington 98909 YAKIMA, Washington 98901 19130734402 19130734403 19131911077 DOLSEN INVESTMENT PROPERTIES LLC DOLSEN IN,,V� a' TVIENTPROPERTIES LLC EMERALD HOLDINGS LLC PO BOX 1726 301 N .1ST 102 15TH ST NE YAKIMA, Washington 98907 Y,-, Washington 98901 AUBURN, Washington 98002 19132031441 19132924406 19132924405 • ENTRE INCORPORATED GREENWOOD NORTH /YAKIMA LLC J & S RISING LLC PO BOX637 3312E 27TH AVE • 2910E 57TH AVE # 5174 COLVILLE, Washington 991140637 VANCOUVER, British Columbia V5RIP7 SPOKANE, Washington 99223 III • DOC. 1913 2924404 19131844022 INDEX 19131844023 °vo J & S RISING LLC JELDWEN INC D-cc JELD t ,..''IC 223 W 2ND AVE PO BOX 1329 — — .:OX 1329 SPOKANE, Washington 99201 KLAMATH FALLS, Oregon 97601 KLAMATH FALLS, Oregon 97601 ,"\, t KMC HOLDINGS IRR LIVING TRUST KMC HO -s.: i IRR LIVING TRUST LEELYNN INC r.. PO BOX 3037 PO B0,r 037 324E 12TH AVE # 2 UNION GAP, Washington 989033037 UNION GAP, Washington 989033037 EUGENE, Oregon 97401 • 1003 19131812001 19131824420 L NN INC AND WILEY MT INC LEELYNN INC LI EY MT INC LEELYNN INC AND W)EY- 1VIT • PO BOX 1799 PO BOX PO BOX 179 '°` " SPRINGFIELD, Oregon 97477 SP IELD, Oregon 97477 S - D Oregon 97477 19131823421 19131823427 19131824419 LEELYNN INC,:AND WILEY MT INC LEELYNN INC.ANIO'WILEYMT INC LEELYNN INC A " =W7`L�EY MT INC PO B079 PO BO ,,I= n PO BO 9 � SIOFIELD, Oregon 97477 SP) NGGFIELD, Oregon 97477 SPI ZFIELD, Oregon 97477 19131824001 19131824402 19131831453 • LEELYNN INC,. D WILEY MT INC . LEELYNN 1t3 WILEY MT INC • LEELYNN INC WILEY MT INC .P0 BOX 79 0 1. PO B 99 PO 13_9 SP IELD, Oregon 97477 SPWI1' GFIELD, Oregon 97477 .7' : Oregon 97477 19131842001 • 19132924443 19132924428 " . LEELYNN INC WI E " MT INC LR HOLDING LLC LR HO = ,a• �G LLC PO BOX I. s °` 410E ARLINGTON 411 r`• SP' �; .a.• ELD, Oregon 97477 YAKIMA, Washington 98901 KIMA, Washington 98901 . 19132924431 19132912400 19132924424 MARSHALL & KATHRINE CYMBALUK DIN ,,ottC NOB HILL SHOPS LLC FAMILY LLC 4 A e., ' GTON 2018 BIRCHFIELD RD 4103 100TH PLACE SE YA Washington 98901 EVERETT, Washington 98208 YAKIMA, Washington 989019580 19131912547 19131843002 19132913419 NOEL CORPORATION PACIFIC POWER & LIGHT CO RICHARD D SMITH RENTALS LLC PO BOX 111 825 NE MULTNOMAH STE 1600 1908 SLIGER RD YAKIMA, Washington 98907 PORTLAND, Oregon 972322131 YAKIMA, Washington 98901 • 19132913414. 19132913419 19131911026 RICHARD D +tfTH RENTALS LLC RICHARD D SMITH REN ° 1 ✓C ROYS AUDIO VISUAL LLC 1908 SL RD 1908 SLIGER RD0` 432 N RIVARD RD Y A, Washington 98901 YAKIMington 98901 MOXEE, Washington 989369701 • 19132912401 19132924436 19132913427 SODA INC SOUTHLAND CORPORATION STATE OF WA DEPT OF TRANSPORTApp PO BOX 402 2828 N HASKELL AVE �. • • YAKIMA, Washington 989070402 DALLAS, Texas 752042909 PO B. , "'' IIVIA, Washington 989092560 19132913429 19132913430 , 19132913432 • STATE OF WA DT O STATE OF W..-.DEP f OF STATE QI WA ]D OF J EP • TRANSP0 .OION T $FO'TATION 1 PORTATION P `12 Ref 3d 0X 12560 ° PO BOX 12560 Washington 989092560 YAKIMA, Washington 989092560 YAKIMA, .Washington 989092560 19132913433 19132913436 - - 19132913428 INDEX STATE OF WADEPT OF • STATE 0E�WA�DEPT OF STATE OF W&DEPT OF TRAN OI TATION TR ORTATION # f , ...47S, T10N PO5 12560 PO BOX 12560 1 X 12560 YAKIMA. Washington 989092560 YAKIMA. Washington 989092560 YAKIMA. Washington 989092560 . t, STATE OF WA DEPT OF -- TARGET CORPORATION T0760 TSP YAKIMA LLC ,,,,.....1./ TRANSPORTATION PO BOX 9456 2001 CENTER ST PO BX12560 MINNEAPOLIS, Minnesota 554409456 TACOMA, Washington 984097895 KIMA, Washington 989092560 19132913434 19132913440 19132913441 WA STATE DEPT OETRANSPORTATION WILSON REAL ESTATE LLC WILSON R , ATE LLC PO BOX 12560 1104 E MEAD AVE 1104 _ -, "- AD AVE YA Vashington 989092560 YAKIMA, Washington 98903 IMA, Washington 98903 • 19131844409 19131844410 „..- - 19131844402 WRP GATEWAY LLC WRP GATEWAY LI WRP GATEW • Imit PO BOX 4184 PO BOX 4184 PO BS ,.;- , BELLEVUE, Washington 98009 BELLE Washington 98009 B EVUE, Washington 98009 19131844405 19131844401 19131911510 . yr ° WRP GATEW4Y"LLC WRP GATEWAY L WRP GATEWAY I,, ”' PO BOX 41(4 PO B0)4i PO BOX _ `° BLUE, Washington 98009 r`, VUE, Washington 98009 B "` E, Washington 98009 19131844031 19132924401 . 19132922001 . YAKIMA BOB'S BURGERS & BREW LLC YAKIMA COUNTY YAKIMA COUNTY COMMISSIONERS 6607 N APPLEVIEW RD 128 N 2ND ST 4TH FLOOR 128 N 2ND ST #232 YAKIMA, Washington 98908 YAKIMA, Washington 98901 YAKIMA, Washington 98901 19132913447 19132924402 19132924402 YAKIMA COUNTY COMMISSIONERS YAKIMA COUNT : COMMISSIONERS YAKIM O NTY COMMISSIONED 1213 S 18TH ST 128 N 2ND. •f32 1ND ST #232 YAKIMA, Washington 98901 YAK , Washington 98901 YAKIMA, Washington 98901 19132921007 19132921008 19132921007 YAKIMA COUNTY PUBLIC WORKS YAKIMA COUNTY PUBLIC WORKS YAKIMA COUNTY PUBLIC WORKS 2ND & B STR ` - 2ND & B STR t 2N ; 8�- B YAK FA;`'�Vashington 98901 YAK , Washington 98901 orAKIMA Washington 98901 19132921007 19132924439 19132924403 YAKIMA COUNTY PU$L1C �V✓ORKS YAKIMA COUNTY, PUBLIC WORKS YAKIMA COUNTY- PCIBLIC WORKS 2ND &BSTR -€ 2ND &13,, F R!` ' 2ND &B_STK YAKIMA in gton 98901 YAKITA�Washington 98901 YtA, Washington 98901 19131844030 19131844032 19132913402 YAKIMA HOTEL LLC YAKIMA HOTEL LLC YAKIMA PROPERTIES INVESTORS 1901 N 4TH ST 1901 N 44 ST . 4204 HUNTS POINT RD YAKIMA, Washington 98901 Y " I rA, Washington 98901 BELLEVUE, Washington 98004 19132912006 19132913401 19132913405 YAKIMA PROPERTY INVESTORS YAKIMA PROPERTY INVESTORS TORS YAKIMA PROP.ERTY`TNVESTORS 136 ROZA VISTA DR 136 ROZA VISTAYR" '''' 136 a Q-- ZATISTA DR YAKIMA, Washington 989011548 YAKIraington 989011548 YAR' IMA, Washington 989011548 19132913443 19132913410 19131844002 • Q � YAKIMA PROPT'Y1 YAKIMA PROPERTY' INVESTORS YAKIMA RESIDENCES LLC ® Z 136 RO TA DR 136 R01K TSTA DR 1105 PORTER WAY -- N& YA A, ' Washington 989011548 YAYeerA, Washington 989011548 MILTON, Washington 98354 • ANGELA NEWPORT . ANGELA NEWPORT,-; ( It YAKIMA SCHOOL DISTRICT ]04N4THAVE POBOX637 POBO �.�.f YAKIMA, Washington 98902 COLVILLE, Washington 991140637 C LLE, Washington 991140637 110( 1423 19132031421 19132912024 IA GONZALEZ BALDEMAR GARDUNO BONNIE JENNE 613 S 15TH AVE 554 CHAPPEL LN 4248 A ST SE #205 YAKIMA, Washington 98902 MOXEE, Washington 98936 AUBURN, Washington 98002 • 19132913420 19132913421 19132924435 CARLOS A & CELENE SOTO CARLOS A & CELENE SOTO DAVID LARSON 1902 SLIGER RD 1904 SLIGER RD 7606 TIETON DR YAKIMA, Washington 989013624 YAKIMA, Washington 98901 • YAKIMA, Washington 98908 19132924409 19132031451 19132031452` DAVID LARSON DIANA RODRIGUEZ DIANA ROD 1312 S 18TH ST 330 SOUTHVIEW PI S 330 S IEW PI S YAKIMA, Washington 98901 SALEM, Oregon 97302 SA , Oregon 97302 19132924429 19132924430 19132924432 DOUG OWENS • DOUG OWEN,S,``' " DOUG OWE,131k4�' °' PO BOX 129 PO BO 4. ' s � = P O "1229 SELAH, Washington 989420129 SE , Washington 989420129 STTAH, Washington 989420129 19 24434 19132913418 19132913417 WENS �`� — FILIBERTO CISNEROS FILIBERTO CIS,,,FROS 129 '''''''" 1805 SLIGER RD 1805 SLI SELAH�"ashington 989420129 YAKIMA, Washington 98901 Y A, Washington 98901 19132031453 19132034007 19132924422 FRANK L & VIOLET REED JAMES E DOVER JAMES W & CONNIE C STONE 1506 E BEECH ST 1413 PACIFIC AVE 750 STARVIEW RD YAKIMA, Washington 98901 YAKIMA, Washington 98901 YAKIMA, Washington 989039063 JAMES W & CONNIE .Q TONE JAMES W & CONNJEC STON J W & �' N ' 19132924421 19132924420 E JAMES W & CIItII$ C�STONE 750 STARVIEW R13 750 STA )IE`W''RD 750 S t EW RD YAKIt'ashington 989039063 YAW!. MA, Washington 989039063 YAMA, Washington 989039063 • 19132031431 • 19132913403 • 19132913407 JANIS HELEN FIFE JEFF & SARAH BAKER JEFFERY ALAN, �h B. """ 1603E RACE ST 504 N 40TH ST 504 N 4, I:�S"1 - ` > • YAKIMA, Washington.98901 YAKIMA, Washington 9890] '1VIA, Washington 98901. 19132031424 19132913404 19132913442 JERRY L. RANK JESUS H & DOROTHY L PADILLA • JOHN & ASSOCIATES DURBIN • 2017 S 1 6TH AVE 1201 S 18TH ST • 4204 HUNTS POINT RD . YA, Washington 989031213 YAKIMA, Washington 98901 BELLEVU.E, Washington 980041106 • ()SI/— 19132031430 19132034006 19132913423 JOHN E KERSLAKE JOSEPH HENRY JUDY MAE JONES V �°C �1; 3402 W YAKIMA AVE 40] S 11TH AVE # 1 1906 SLIGAR RD LLJ YAKIMA, Washington 98902 • . YAKIMA, Washington 98902 YAKIMA, Washington 98901® Z KENNETH RINK KENNETH RI KENNETH HAYS t _! 7605 WESTBROOK AVE ' 7605 W OOK AVE 1306 S 8TH ST YAKIMA, Washington 98908 Y A, Washington 98908 YAKIMA, Washington 98901 19132913424 19132924411 19132031021 LYNN D EMERY MARGARITO A & VICTORIA C SOTO MARYLOU PERO 1901 SLIGER RD 1308 18TH ST 5808 SUMMITVIEW AVE # A PMB 196 YAKIMA, Washington 98901 YAKIMA, Washington 98901 YAKIMA, Washington 98908 19132034005 19132924426 19132031445 MICHAEL S STEELE MIGUEL & JESSICA FLORES NORMA BARAJAS 2548 S PECK RD #48 5410 DOUGLAS DR 617 S 15TH ST MONROVIA, California 91016 YAKIMA, Washington 98908 YAKIMA, Washington 98901 19132913446 19132912009 19132912010 PAUL DOVE RAFIK NAQIB RAFIK NAI ,'" `' 1309 S 18TH ST 22426 85TH AVE W 2242. 3°" "' AVE W YAKIMA, Washington 98901 EDMONDS, Washington 980268214 E ONDS, Washington 980268214 19132912012 19132924418 19132031427 RAFIK NA• 11....l' REYES TORRES ROJAS ROY J SMITH 22426. ;' AVE W 1703 DALTON RD 203 FREMONT AVE EP.v'i DS, Washington 980268214 YAKIMA, Washington 989013612 SELAH, Washington 98942 19132031422 19131911027 19131911029 SALVADOR BERMUDEZ SCOTT HILLIARD SCOTT HILL ,+.'�ai • '' 611 S 15TH ST 503 CANYON RD 5 0 3 ' � • RD 4 10 YAKIMA, Washington 98901 YAKIMA, Washington 98901 Y . - IMA, Washington 98901 • 19131911028 19132912014 • 19132913422 SCOTT HILLIARD..,.;" SHERRY CRIVITS TAD C & GAYLE L AMES MOODY 503 CANYI r _ `Ai , 1113 S 18TH ST 1903 SLIGER RD YA w , -=. - -, ashington 98901 YAKIMA, Washington 98901 YAKIMA, Washington 98901 19132031439 19132031006 19132031022 TED POLLOCK TED POLLOCK TED POLLOCK --- 2610 SE BAYPOINT DR # 17 2610 SE BAYPQFNT` IR # 17 2610 SE B Y DI1'1T DR # 17 VANCOUVER, Washington 986839196 VA fR, Washington 986839196 t'® ER,'Washington 986839196 19132031440 19132031442 19132034010 TED POLLOCK TED POLL OCK ---''''• ` THEODORE A POLI,Q -K ' 2610SEBA #17 2610 SE BAY-POINT DR #17 2610SEB4,t.P TDR #17 VAIER, Washington 986639196 ^BUYER, Washington 986639196 .yeibWt1UVER, Washington 986639196 . 19132031016 19132031003 19132031002 THEODORE A POLLOCK,' ` THEODORE A POLLOC�,, o' THEODORE ?O OCK 2610 SE BAY POINT' 2610 SE BAY POLI>e '' 261Y POINT VANCO `Washington 98683 VANCO 1i$ 1 $ Washington 98683 COUVER, Washington 98683 • I 19132034013 19132034002 19132034008 4 THEODORE A POLLO Kam.. THEODORE A POLLOCK :_:- THEODORE A POLLOCK 2610 SE BAY P R #17 2610 SE BAY POINTDR #17 2610 SE B..Y:POTNT DR #17 Z Mt VANCOU J Washington 986639196 VANCQ J'ET , Washington 986639196 VA OtJVER, Washington 986639196 THEODORE A POLLOCK•: THEODORE A POLLOCK -'.'' ' THEODORE A POLLOCK �•: /• 2' 2610 SE BAX POI DR #17 2610 SE BAY, D R #17 2610 SE BAY PiO1NTOR - # 17 l / V DER, Washington 986639196 VA3LER, Washington 986639196 VA£.�VER, Washington 986639196 �' 7 1401 19132912016 19132924423 ORE A POLLOCK ' THEODORE A POLLOCK TOMAS CRUZ 2610 SE BAY PAINT DR #17 . . 2610 SE BAY, POINT15R #17 . 1702 RUDKIN RD # 11 VANCOt,IY -ER, Washington 986639196 VANC9.UVER, Washington 986639196 YAKIMA, Washington 98901 19132924416 19132924415 19132912011 • VERNON L SIMPSON VERNON L SIMPSON WALTER H & BONNIE JENNE 18 W WASHINGTON # 8 18 W W SHINt3TON # 8 4248 A ST SE #205 YAKIMA, Washington 98903 YKIA, Washington 98903 AUBURN, Washington 98002 19132924417 • 19132912025 19132912022. WAYNE LEE BROOKS WENDY HOLLINGSWORTH WENDY M HOLLINGSWORTH.ii» 1705 DALTON LN 1 107 S 18TH ST# 45 1 107 S 18TH „,.,, ' YAKIMA, Washington 98901 • YAKIMA, Washington 98901 • YA1 ° `Washington 98901 19132912020 19132912019 «.�a °r�`` WENDY M HOLLINGSWORTH WENDY M HOLLINGSWOITH 19131899997 '` '' 1 107 S 18TH ST . ' .. 1107 S 18TH , ,,,, YAKIMA Washington 98901 YAKI , ashington 98901 • *'' 9 19132`99999 999 182 ��J �� r ,. Total Parcels - - Zone Property Owner List - �'” ., o "'` r 2010 UAZO Updates • t7 : - I 0 12-7,9 2 - ri . Type of �--� ' 1 C;) �`� , • Notice: �- , I ) ? . , ,) j A ca / kw i 1 File Number(s): ,,`,, ...P Ct (f ` .., _ /() . Date of • Mailing: / Li f 0/1 • . ' DOD. . INDEX • • • Date: February 04, 2010 Subject: Zoning Amendments to the Regional Development zoning district. Dear Property Owners, The City of Yakima created and mapped a new zoning district in 2008 called the Regional Development (RD) zoning district by means of the legislative rezone process. The Regional Development Zone implemented the policies and mapped the locations of the Regional Development zone as identified in the City's 2006 Yakima Urban Area Comprehensive Plan. This new zoning designation was applied to properties in the vicinity of the Boise Cascade Saw Mill and the Yakima County Fair Grounds. The permitted uses for this new zoning district were limited to mainly commercial uses, which excluded industrial and residential uses. Over the past year, city staff through contact with the general public, and the major property owners within the RD zone determined that the scope of permitted land uses originally permitted in this district was to narrowly defined. Therefore on October 28, 2009, city staff initiated a number of zoning amendments to address these and other identified issues which would allow various industrial and residential uses to be located in the Regional Development zoning district. An open record public hearing regarding the proposed amendments has been scheduled before the City of Yakima Planning Commission on Wednesday, February 24, 2010, at 3:00 p.m. in the Yakima City Council Chambers, 129 North 2nd Street, Yakima, WA, and written public comments may also be submitted up to the time and date above. Copies of the proposed amendments may be obtained upon request at the City of Yakima Planning Department at 129 N. 2nd Street Yakima, WA 98901 or accessed by means of the City of Yakima's website at: http: / /www.ci.yakima.wa.us /services /planning Should you have any questions or concerns please feel free to call Associate Planner, Jeff Peters at 509 -575 -6163. Sincerely, if e l y; I`!t J o . Davenport Planning Manager City of Yakima • DOC. INDEX AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: SEPA #002 -10 2010 UAZO Updates City Wide I, Rosalinda Ibarra, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Application, Environmental Review, and Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant; SEPA reviewing agencies and all property owners of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that . said notices were mailed by me on the 29th day of January, 2010. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. / Rosalinda Ibarra Planning Technician • • DOC. INDEX 13-10( - Use Avery® Template 5160® ' Feed Paper ® expose Pop - EdgeT" 1 �vcIXa �ybu'^ j • 1 Kent Pirsson Yakima County Public Works Tom Durant 801 Hennessy Road Flood Control District 513 N. Front Street, Suite Q Yakima, WA 98908 128 N. 2" Street Fourth Floor Yakima, WA 98901 Yakima, WA 98901 I . Dianna Woods Alfred Winkel Adam Smith Yakima County Public Works 4407 W. Larch Ave. 4607 Ahtanum Road Flood Control District Yakima, WA 98903 Yakima, WA 98903 128 N. 2 ' Street Fourth Floor . Yakima, WA 98901 Kevin Futrell V P Al Scott Clark � s �o� Yakima Transit United Builders 2301 Fruitvale Blvd. AA -MI- rvvbey 2112 Nob Hill Blvd. C✓ -�'A� m G Yakima, WA 98902 Yakima WA 92902 , 12PC u (I S 0 1-121 1.w . Pew 416 DI 12-° c° rd v 16L r u-b 1 i G 1 r« r_9 • sqpA4k00? -- /° • ( / )-9/D • • • DOC. . .. ,, INDEX Etiquettes faciles a peter i Repliez a la hachure afin del www.avery.com Utilisez le abarit AVERY® 5160® 1 Sens de reveler le rebord Po U TM 1 9 t charaement P P 1 1- 800 -GO -AVERY 1 SEPA REVIEWING AGE .IES Page 1 oft • OD -RG, SEPA Reviewer Army Corps Dept. of Natural Resources Mr. Greg Griffith . Div. of Archeol & Hist. Pres. Box c -3755 - 713.Bowers Rd PO Box 48343 S O eattle, WA 98124 Ellensburg, WA 98926 Olympia, WA 98504 Cascade Natural Gas Dept of Soc /Health Service 701 S. 1 Ave Capital Programs Ofc. Bldg #2 WA State Attorney Gen. Office 1433 Lakeside Ct. Ste102 Yakima, WA 98902 MS OB -23B Yakima, WA 98902 Olympia, WA 98504 • Washington State Dept of Health Chamber of Commerce • Office of Drinking Water City of Union Gap 10 N 9` St. Attn: Christine Collins PO Box 3008 Yakima, WA 98901 16201 E Indiana Ave, Ste# 1500 Union Gap, WA 98903 Spokane Valley, WA.99216 Dept. of Transportation Tom McAvoy Gary W. Pruitt Planning Engineer Q -West Clean Air Authority 2809 Rudkin Road 8 S. 2 Ave. Room 304 329 North 1 Street Union Gap, WA 98903 Yakima, WA 98902 Yakima, WA 98901 • Environmental Protection Agency West Valley School District Mr. Lee Faulconer Attn: Peter Ansingh Dept. of Agriculture 1200 6 "' Ave. MS 623 Seattle, WA 98101 8902 Zier Road PO Box 42560 III Yakima, WA 98908 Olympia, WA 98504 FAA Yakima Co Health Dist Gwen Clear Dept of Ecology 2200 W. Washington 1210 Ahtanum Ridge Drive 15 W. Yakima Ave. St. 200 Yakima, WA 98903 Union Gap, WA 98903 Yakima, WA 98902 • Yakima Greenway Foundation Department of Ecology Nob Hill Water Co Environmental Review Section 111 S. 18 St. 6111 Tieton Drive PO Box 47703 Yakima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 • Yakima School District Chuck Hagerhjelm Pacific Power WA State Emergency Mgmt. Div. Superintendent Mitigation, Analysis & Planning Mgr Mike Paulson 104 N. 4"' Ave 500 N. Keys Rd Building 20 Yakima, WA 98902 Camp Murray, WA 98430 -5122 Yakima, WA 98901 Yakima Airport Yakama Indian Nation Yakima- Klickitat Fisheries Project Manager Cultural Resources Program John Marvin 2400 W. Washington Ave Johnson Meninick Mgr 771 Pence Road Yakima, WA 98903 PO Box 151 Yakima, WA 98909 Toppenish, WA 98948 YVCOG Yakama Indian Nation Ahtanum Irrigation District Environmental Protection Prog. Transportation Planner Moses Segouches �k imax 56 98907 31 1 N. 4` Street STE 202 PO Box 151 Yakima, WA 98901 Toppenish, 98948 INDEX # b - is SETA REVIEWING AGE JES Page 2 of 2 Federal Aviation Administration Environmental Coordinator Wastewater Division Cayla Morgan, Airport Planner Bureau of Indian Affairs Wastewater Treatment Plant Seattle Airports District Office PO Box 632 • 1601 Lind Ave. S.W. Toppenish, WA 98948 Renton, WA 98055 -4056 Ruth Jim Mr. Marty Miller Yakima County my Commissioners Yakama Tribal Council Office of Farm Worker Housing PO Box 151 1400 Summitview #203 Toppenish, WA 98948 Yakima, WA 98902 Mr. Vern Redifer Dept. of Archaeology & Historic Eric Bartrand Preservation Dept. of Fisheries Yakima County Public Services p 24 PO Box 48343 1701 S. 24 Ave Olympia, WA 98504 -8343 Yakima, WA 98902 John Baugh WSDOT Aviation Division . Mr. Steven Erickson Yakima Valley Museum John Shambaugh Yakima County Planning 2105 Tieton Drive 18204 59"' Drive NE, Ste. B Yakima, WA 98902 Arlington, WA 98223 • Dept. of CTED Soil Conservation Dist Yakama Indian Nation • Growth Management Services Attn: Ray Wondercheck Environmental Review Coordinator PO Box 42525 1606 Perry St Suite F Thalia Sachtleben • Olympia, WA 98504 -2525 Yakima, WA 98902 P.O. Box 151 Toppenish, WA 98948 Department of Fish & Wildlife c/o MarkTeske 201 North Pearl Ellensburg, WA 98926 Type of Notice: air o sEpA 2 pu,h/i o mar /r,z� • File Number(s): ( oZ —ID Date of Mailing:. • • • DOC. INDEX Review Team STATE AGENCIES REVIEWING CTED Eric Heinitz Department of Corrections COMP PLANS Growth Management Services P.O. Box 41112 • • REVISED June 2008 P.O. Box 42525 Olympia, WA 98504 -1112 Olympia, WA 98504 -2525 • Jennifer Hayes Kelly Cooper SEPA /GMA Coordinator. Dept of Fish & Wildlife Dept of Health / Drinking Water Dept. of Ecology P O Box 43155 P O Box 47820 P O Box 47600 Olympia, WA. 98504 -3155 Olympia, WA. 98504 -7820 Olympia, WA. 98504 -7600 Hugo Flores Elizabeth McNagny Lorinda Anderson WA State Dept of Natural Resources Department of Social and Health Services Recreation and Conservation Office GMA /SMA Planning & State Harbor Areas • P O Box 47027 P.O. Box 45848 P.O. Box 40917 • Olympia WA. 98504 -7027 Olympia, WA 98504 -5848 Olympia, WA 98504 -0917 • • Bill Wiebe Greg Griffith Bill Koss Department of Archaeology & Historic Department of Transportation Preservation Parks and Recreation Commission P.O. Box 47300 P.O. Box 4265 Olympia, WA 98504 -7370 P.O. Box 48343 Olympia, WA 98504 -2650 Olympia, WA 98504 -8343 • • 410 • • • • Type of , '� , / ` N -C ' Notice: i File — Number(s): ■ -JO • Date of Mailing: • • • • DOC. INDEX • • # , - /(. • Planning Commission Members John Gehlsen John P. Crawford Rocky Marshall 2103 S. 88 "' Ave. 8950 Bittner Road 805 N. 16`'' Ave Yakima, WA 98903 Yakima, WA 98901 Yakima, WA. 98902 Bernie Kline John Hodkinson Jr. Jerry Craig 622 Country Club Dr 218 East A Street 10802 Summitview Yakima, WA 98901 Yakima, WA 98901 Yakima, WA. 98908 Notice of SEPA Review and Public He aring SEPA #002 -10 Date of Mailing: 01/29/2010 DOC. INDEX eqr% IN -HOUSE DISTRIBUTION LIST • Royale Schneider Ron Melcher Mike Antijunti Mike Shane Code Administration Fire Dept. Engineering Division Water /Irrigation Carolyn Belles City Legal Dept. Jerry Robertson Office of Code Administration Code Administration Neighborhood and Development Services Sandy Cox City Clerk Bill Cook, Nathan Thompson Code Administration DECISIONS ONLY CED Director Code Administration DECISIONS ONLY DECISIONS ONLY DECISIONS ONLY For the Record /File Binder Copy DECISIONS ONLY • Type of Notice: sEi9A pubic Nea File Number(s): EpA-# / Date of Mailing: /- ag -/D 4110 DOC. INDEX • Ibarra, Rosalinda . • From: Legals [legals ©yakimaherald.com] • Sent: Thursday, January 28, 2010 11:49 AM III To: Ibarra, Rosalinda Subject: Re: 01 -29 -10 Legal Notice: Notice of App, SEPA, and Hearing -2010 UAZO Amdimts - SEPA002 -10 Importance: High I've scheduled this legal notice for 1/29, for a cost of $194.59. On 1/28/10 9:07 AM, "Ibarra, Rosalinda" <ribarra @ci.yakima.wa.us> wrote: Please publish only once on Friday January 29, 2010 CITY'OF YAKIMA NOTICE OF ENVIRONMENTAL REVIEW, REQUEST' Send affidavit of ublication and invoice t FORPUBLIC ' . COMMENT ANDNOTICEOFPUBLIC , P " '' HEARING• DATE January 29,:2010'' ' TO. ''SEPA Reviewing Agencies Applicant and Adjoin- City f Yakima Planning Division ingProperty Ownersu a y / g FROM Jo Planning Manager., SUBJECT Proposed amendments to the City of ,Maki; Ma Urban' Area "Zoning rtirdirianCe. PROJECTINFORMATION 129 North 2nd Street, Yakima, WA 98901 +P.roje Gt � ;: Project , Applicant City of Yakima Department =of Community '& =Economic Development ` File Numbers) SEPA #002 10 2010 UAZO Amend- merits , t Project Description The City of,_Yakima, Department of Community & Economic Development is ;proposing various amendments to'its Urban, Area Zoning Ordi- Rosalinda Ibarra narine (UAZO; YMC Title 15 (sections 15 02 020, 15.04 030 ',15 04 050, r 15 04' 060 1504 160, l 15.05.020, # 15 05 030'; 15.06 040, . „15:06'.665:r 15.06.090,,,,,,,'„,15.0,6,11o, 15 06.140 .15 06 150 Planning Technician 15.08.130, 1509045 1517020)). relating to the regu, g an • lation of land use and development in the City of Yaki ma., ENVIRONMENTAL REVIEW ribarra @ci.yakima.wa.us The City of,Yakima, has reviewed the proposed amendments ;tor any, potential or ; probable adverse en, 'vironmental impacts arid expects, to issue adetermine- tiori of nonsignificance:_ A copy..:, of :the... stitiaegnant threshold determination may;be:, obtained on:;request and may be appealed pursuant to 6.88 170 The optional process ,in WAC 197 1'1` -355 is Ibeing,used. This may be;your only opportunity to comment on City of Yakima • the' environmental impacts olthe proposed proj- ect. Com due date February i 18, 2010 'REQUEST FOR PUBLIC COMMENTS 129 North 2nd Street Agencies tribes a nd p . tFie ubiic encoura to r :vie and comment on;the proposed amendments and; • their probable environmental impacts . Alf written com- ments received by February 18;',2010, will be •consid • Yakima, WA 98901 erect pnorto:i of the final SEPA •determination l • on •`this a Please mail. your comments on • these amendments to ” . • i Joan Davenport Planning Manager p: (509) 575 -6183 CrtyofYakima Departmentof Economic Development 129 North;2nd Street " 3 Yakima , WA 98901 ; f: (509) 575 -6105 NOTICEOF'DECISION' A ;'cbpy of the A° SEP thres determination will be mailed' to all of= record at the conclusion of the 20 -day comment period The complete document and copies of the proposed amendments' =:may • beobtained "at,th City of Yakima Planning' Department' at4the, address' listed above or` accessed by, means of the °City ° of Yaki- ma 'S website at 11 �1�1 ..UI -. � a • . .I II! NOTICE - OF . PUBLIC. HEARING " ,. ,e ' An open , record public_ hearing regarding the above r,r .- r.-j (NI r.> ev ; v pi r , ry r ri ry ru IN, amendments, will be held • before the City of Yakima planning .Commission, on Wednesday,:,,February 2010, at 3:00 p m., in .the Yakima City Council Cham- I Simon S I Ze r bers, 129 North 2nd ; Street, %Yakima WA. Following Legal/Obituary Clerk w this public; hearing the City: of Yakima Planning Com- missn will forward <its recommendation tothe Yakima City Council review and adoption 1t you -ha■e ques- Yakima Herald - Republic tions on this- proposal Jeff Peters Associate Plan- III (09552971) Phone: 509 - 577 -7740 nerat(509)6756163" call Fax: 509- 577 -7766 January 29,2010 DOC. • legals @yakimaherald.com INDEX 1/29/2010 ® • PRESS RELEASE CITY OF YAKIMA • NOTICE OF ENVIRONMENTAL REVIEW, REQUEST FOR PUBLIC • COMMENT AND NOTICE OF PUBLIC HEARING DATE: • January 29, 2010 TO: SEPA Reviewing Agencies, Applicant and Adjoining Property Owners FROM: Joan Davenport, Planning Manager • SUBJECT: Proposed amendments to the City of Yakima Urban Area Zoning Ordinance. PROJECT INFORMATION Project Location: City Wide . • Project Applicant: City of Yakima Department of Community & Economic Development File Nuniber(s): SEPA #002 -10 - 2010 UAZO Amendments. Project Description: The City of. Yakima Department of Community & Economic Development is proposing various amendments to its Urban Area Zoning Ordinance (UAZO YMC Title 15 (sections 15.02.020, 15.04.030, 15.04.050, 15.04.060, 15.04.160, 15.05.020, 15.05.030, .15.06.040, 15.06.065, 15.06.090, 15.06.110, 15.06.140, .15.06.150, 15.08.130, • 15.09.045, 15.17.020)) relating to the regulation of land use and development in the City of • Yakima. ENVIRONMENTAL REVIEW The City of Yakima has reviewed the proposed amendments for any potential or probable adverse environmental impacts and expects to issue a determination of nonsignificance. A copy of the subsequent threshold determination may be obtained on request and may be appealed pursuant to YMC 6.88.170. The optional process in WAC 197 -11 -355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed project. Comment due date: February 18, 2010 REQUEST FOR PUBLIC COMMENTS Agencies, tribes, and the public are encouraged to review and comment on the proposed amendments and their probable environmental impacts. All written comments received by February 18, 2010, will be considered prior to issuance of the final SEPA determination on this application. Please mail your comments on these amendments to: Joan Davenport, Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2n Street • Yakima, WA 98901 NOTICE OF DECISION A copy of the SEPA threshold determination will be mailed to all parties of record at the conclusion of the 20 -day comment period. The complete document and copies of the proposed amendments may be obtained upon request at the• City of Yakima Planning Department at the address listed above or accessed by means of the City of Yakima's website at: http: / /www.ci.yakima.wa.us /services /planning NOTICE OF PUBLIC HEARING An open record public hearing regarding the above amendments will be held before the City of Yakima Planning Commission on Wednesday, February 24, 2010, at 3:00 p.m. in the Yakima City Council Chambers, 129 North 2nd Street, Yakima, WA. Following this public ,hearing the • . City of Yakima Planning Commission will forward its recommendation to the Yakima City Council for review.and adoption. If you have questions on this proposal, call Jeff Peters, Associate Planner at (509) 575 -6163. DOG. INDEX Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Friday, January 29, 2010 10:20 AM To: Adriana Janovich - Yakima Herald; Barbara Serrano - YHR; Brackney, Rosanne; Brown, Michael; Bruce Smith - Yak. Business Times; Chris Bristol - YHR; Claudia Moreno - Noticias Locales; Criag Troianello - Yakima Herald Rep.; Erin Snelgrove - Yak. Herald Rep; Gabriel Martinez - KDNA; George Finch - Business Journal; Ibarra, Rosalinda; KIMA TV; KNDO News; KUNS -TV Univision; Lance Tormey; Lindsay France; Lou Bartelli; Lozano, Bonnie; Mai Hoang; Mark Morey; Marta Isabel Sanchez - Univision; NWCN; Randy Beehler - YPAC; Scott Mayes; Yakima Business Journal; Yakima Herald Republic Newspaper Subject: 01-29-10 Press Release: Notice of App, SEPA, and Hearing - 2010 UAZO Amdmts - SEPA002 -10 Attachments: Notice of App, SEPA, and Hearing - 2010 UAZO Amdmts - SEPA002 -10_ Press Release.doc Rosanne, please post to: http://www.ci.yakima.wa.usiservices/planning/Noticeofap.asp Thanks! • Rosalinda Marra Planning Technician ribanra @ci.yakuna.wa.us • City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575 -6183 f: (509) 575 -6105 • • • • DOC. INDEX 1/29/2010 • 4110 CITY OF YAKIMA • NOTICE OF ENVIRONMENTAL REVIEW, REQUEST FOR PUBLIC COMMENT AND NOTICE OF PUBLIC HEARING DATE: January 29, 2010 TO: SEPA Reviewing Agencies, Applicant and Adjoining Property Owners FROM: Joan Davenport, Planning Manager SUBJECT: Proposed amendments to the City of Yakima Urban Area Zoning Ordinance. PROJECT INFORMATION • Project Location: City Wide Project Applicant: City of Yakima Department of Community & Economic Development File Number(s): SEPA #002 -10 - 2010 UAZO Amendments. • Project Description: The, City of Yakima Department of Community & Economic Development is proposing various amendments to its Urban Area Zoning Ordinance (UAZO YMC Title 15 (sections 15.02.020, 15.04.030, 15.04.050, 15.04.060, 15.04.160, 15.05.020, 15.05.030, 15.06.040, 15.06.065, 15.06.090, 15.06.110, 15.06.140, 15.06.150, 15.08.130, 15.09.045, 15.17.020)) relating to the regulation of land use and development in the City of 411) Yakima. ENVIRONMENTAL REVIEW The City of Yakima has reviewed the proposed amendments for any potential or probable adverse environmental impacts and expects to issue a determination of nonsignificance. A copy of the subsequent threshold determination may be obtained on request and may be appealed pursuant to YMC 6.88.170. The optional process in WAC 197 -11 -355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed project. Comment due date: February 18, 2010 REQUEST FOR PUBLIC•COMMENTS Agencies, tribes, and the public are encouraged to review and comment on the proposed amendments and their probable environmental impacts. All written comments received by February 18, 2010, will be considered prior to issuance of the final SEPA determination on this application. Please mail your comments on these amendments to: Joan Davenport, Planning Manager • City of Yakima, Department of Community & Economic Development 129 North 2 " Street Yakima, WA 98901 The following . conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposed project: None Required Permits: None Required Studies: None Existing Environmental Documents: None Preliminary determination of the development regulations that will be used for project mitigation and consistency: City of Yakima 2006 Comprehensive Plan. i DOC. INDEX NOTICE OF DECISION A copy of the SEPA threshold determination will be mailed to all parties of record at the conclusion of the 20 -day comment period. Copies of the proposed amendments may be obtained upon request at the City of Yakima Planning Department at the address listed above or accessed by means of the City of Yakima's website at: http: / /www.ci.yakima.wa.us /services /planning NOTICE OF PUBLIC HEARING An open record public hearing regarding the above amendments will be held before the City of Yakima Planning Commission on Wednesday, February 24, 2010, at 3:00 p.m. in the Yakima City Council Chambers, 129 North 2nd Street, Yakima, WA. Following this public hearing the City of Yakima Planning Commission will forward its recommendation to the Yakima City Council for review and adoption. If you have questions on this proposal, call Jeff Peters, Associate Planner at (509) 575 -6163. • • • Doc. INDEX • ® 2010 YAKIMA URBAN AREA ZONING • ORDINANCE UPDATES SEPA #002 -10 EXHIBIT LIST • CHAPTER C Agency & Public Comments 0 .,� o- 3'' . r s ; ° V K {<' (I to I., 'rF to 5 fi w .., aI i w: {t N $� L =TW -✓ y .�r 3 ,,si h b ?. f a to is r �k x G ( Y. z i F O L v x wt y ( l A e 4 p DC �,,.� ,, DATE Q t . - r b t M Z P 9 �'�1 Y x N A 1 jd8,l d� 'r A�' - a'3..^ T 1 M V 2 Y�i g i t 3 »�d. #' .�5 n N i Av. Y , 4 A5-* Nf i t ( F a , 2 PR 4 :. � :d ." 4- ^ -, y, Pt §i z; „4 W tOW • r �a N r ' er .: 7t , ,r n .:g,�k aoa a9rzsm a g �gzF *: . ,*1.r fiPi �i i .'��.i'.r•” SM:t' ',£ F,`V lit1 t:fig 4M4 ..o : ?. �w , .. ;S� a''{,�:zi,`;..:01P C -1 Confirmation Letter from Department of Commerce 01/20/2010 C -2 Letter received from John Durbin & Associates 02/22/2010 • C -3 Letter received from Ms. Verlynn K. Best, Fairfield Inn & 02/22/2010 Suites C -4 Letter received from Gary Lukehart, Chinook Business Park 02/23/2010 C -5 Letter received from Sara Alien, Ledgestone Hotel 02/24/2010 • • • • • • • • VG/ L. - ri.c a. iv i, • U.-, V V V Y V V 1V V FeN 24 2010 1:55PM LEDGESTONE HOTE 509 453 01 p. 1 FEB 242010 • . : • CITY OF YAKIVA • 1 To: __,\ °an 091\141.py DN I&I r X - I,.'; CSIMILE , Fax number: 50,1 `J From: f � Fax nun er: (5 0 9) 453 -0166 ., .1 .:. ..�, - H Q T E L Date: li i# ,' , d U r Le gestone' T ::rt u _ i 107 N. fair Avenue 'Regarding: 4 L -? ■ Yakima, WA 98901 Phone number for foil (509)453 -3151 i low -up: I.) www:yakimawahotel.com i Number of pages: t . (including_ cover • Comments: • 0 - vnA- at,14 4 czyvida-r-zt.1)pt, :, I i � � �; ,,/ It 1 1 . i. It i' g i 1 i s - a i sl1ariAA the eSSCVLCe of I-tome " ill DOC. INDEX e. rep c-r cu i u 1 : ,Jr'I9 LLubLb I UI`1t HU 1 tL bU J 453 U166 p. 2 • 421-k��o M-161 stone RECEIVED :: HOTEL FEB 24 2010 CITY OF YAKIMA PLANNING DIV. 107 North Fair Avenue February 24, 2010 Yakima, WA 98901 - Phone: 1- 509 - 453 -3151 Planning Division 129 North Second Street Far 1- 509 -453 -0166 Yakima, WA 98901 Email: Ledgestone@ aspenmana gement.n et Dear Ms. Joan Davenport, YAKIMAWAHOTELCOM As the General Manager of the Ledgestone Hotel I would strongly recommend taking into consideration the businesses surrounding the Regional Development zoning district before changing the zoning to include industrial developments. To allow these types of developments to be located in the zoning district of the Boise Cascade Saw Mill would be detrimental to our business. The zoning district was heavily considered in the site selection of the Ledgestone Hotel and a change to include industrial uses only two years into our business would not be beneficial to us or our loyal guests. An industrial development does not coincide with the existing tourism related facilities and the service we provide. We look forward to the development of the Boise Cascade Saw Mill and the surrounding area; however we hope the development will include community friendly entertainment and tourism related developments. Thank you for time and consideration. Sincerely, .`O� Sara Allen General Manager • DOC. INDEX # G 5- . • . • . . .. . J 1 � l�:1�1 l >�:�•1 � >r� l � i - FEB • � 2 3 2010 February 22, 2010 . CITY 0 YAKtIA PLANNING DIV. . Ms. Joan Davenport, AICP • Planning Division Manager . . Department of Community and • Economic Development 129 North 2 Street . Yakima, Wa 98901 • RE: REGIONAL DEVELOPMENT ZONING - OLD MILL SITE Dear Joan, . There have been a number of conversations about the Regional Development Zoning for • the Boise Mill Site and the surrounding properties. Our biggest concern was it does not have light manufacturing as one of the approved uses, and the purpose of the Regional Development zoning is to add light manufacturing. The Mill site will have a mixture of commercial and light • manufacturing. In the conversations I have had with the Mill management, it is their intention to develop the property to the north into light manufacturing and the southern portion a mixture of commercial uses. Illit . . It is important to have a buffer zone between the light manufacturing and the commercial development. The way you are planning at this time shows the former Jeld -Winn property will allow for light manufacturing. This would cause problems for the two hotels that border this property. Truck traffic, manufacturing noise and operation of commercial equipment is not , compatible with people trying to sleep and live in rooms adjacent to the property. If the Tight . manufacturing zoning is allowed for the Jeld -Winn property, you would split the Gateway commercial development properties at the Mill's southern end. When the planning commission designated the Mill and.surrounding properties to be a Regional Development zoning, it was too much of a broad brush approach. Let's not make the • same mistake again. Light manufacturing should be at the north and commercial at the southern end. I look forward to discussing this with you at your earliest convenience, Joan. • • SCrely•; ''' ... ---- ---....... cy.,..._„... _ . _G h art ° DOC. • INDEX III . # G P.U. Box 1489. Yakima. WA 98907 (mailin(2 address) • cbp(c:chinookbusinesspark .corn (email) 137 North Fair Avenue. Yakima. WA 98901 (street address) (509)452-3100. ext. 130 (telephone) • (509) 452 -3200 (fax) • FAIRFIELD INN 6iSUITES a U S February 22 2010 Planning Division 129 North Second Street Yakima, Washington 98901 Dear Ms. Joan Davenport, I have been the General Manger of the Fairfield Inn & Suites by Marriott for seven years. And in that time I have had the experience and knowledge of the effects of how an industrial business would and could affect our business. Rezoning to include the development of industrial to the adjacent properties of two hotels could prove to be a serious disruption to our businesses. Please do not allow this to happen. When JELD -WEN was operating behind us my guest complaints were endless. And although JELD -WEN tried to work with us until they moved it was an ongoing issue for our business. The noise of trucks coming and going, forklifts beeping, and glass being dump in an empty dumpster was a constant cause for guest complaints. As we look forward to the development of the adjacent property, we know industrial would not be a good fit for many of the businesses close to and adjacent to this property. Please continue to develop this area for entertainment, tourism, and family friendly venues. Thank you for your time and consideration of my comments. I enjoy my work and have many guests that enjoy my facility. Please make a fair, considerate, and cautious decision regarding the business already in place and what this would mean to them. Sincerely, . ■.I rt i' Ms. Verlynn . Best, General Manager Fairfield Inn & Suites by Marriott DOC. Yakima 137 North Fair Avenue, Yakima, WA 98901 INDEX Telephone (509) 452 3100 Facsimile (509) 452 3200 # C — Marriott.com/YKMFI JOHN DURBIN & ASSOCIATES RECEIVED 4204 HUNTS POINT ROAD HUNTS POINT, WA 98004 FEB 2 2 2010 CITY OF YAKIMA PLANNING DIV. February 16, 2010 Ms. Joan Davenport, Planning Manager City of Yakima Planning Division 129 N. 2nd Street Yakima, WA 98901 Dear Ms. Davenport, I am the General Partner of Yakima Property Investors and John Durbin & Associates. Yakima Property Investors owns approximately 7 acres of vacant land adjacent to I -84 near the Yakima County Fair Grounds. This land is up for sale. t John Durbin & Associates owns approximately 2'/2 acres adjacent to that land and it is leased, along with the building on it, to Cummins Northwest LLC. Thank you for your letter of February 4, 2010 regarding amendments to the Regional Development (RD) Zone that includes the property owned by these partnerships. I have looked at the proposed changes to the various uses to be allowed. I also have discussed them with our Realtor, Bill Almon of Almon Commercial Real Estate. Bill feels that the omission of potential use for warehouse purposes will significantly decrease the potential users of the property in the future, given its accessibility to /form the freeway and the lack of other retail establishments in the area. I agree with Bill's assessment and would urge that this be added to the list of possible uses. Thank you for your consideration. Sincerely, ■ or Durbin General Partner cc: Bill Almon Jeff Peters, Associate Planner DOC. INDEX YII.? ' STATE OF WASHINGTON DEPARTMENT OF COMMERCE 128. 1V Avenue SW • PO Box 42525 • Olympia, Washington 98504 -2525 • (360) 7254000 January 20, 2010 Jeff Peters Assistant Planner City of Yakima 129 North 2nd Street Yakima, Washington 98901 Dear Mr. Peters: Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. City of Yakima - Proposed development regulation amendment re: The urban area zoning ordinance (Yakima Municipal Code, Title 15). These materials were received on January 20, 2010 and processed with the Material ID # 15368. We have forwarded a copy of this notice to other state agencies. • If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment, then final adoption may occur no earlier than sixty days following the date of receipt by Commerce. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please call me at 360.725.3058. Sincerely, kkety Tim Gates Senior. Planner Growth Management Services • 110 DOC. INDEX # r -f