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HomeMy WebLinkAbout03-08-2023 YPC Agenda Packet DEPARTMENTOF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager nd 129 North Second Street, 2Floor, Yakima, WA 98901 ask.planning@yakimawa.govwww.yakimawa.gov/services/planning/ypc/ CITY OF YAKIMA PLANNING COMMISSION Yakima City Hall Council Chambers nd Street, Yakima, WA 98901 129 N 2 March 8, 2023 3:00 p.m. –5:00 p.m. YPC MEMBERS: Chair Jacob Liddicoat, Vice-Chair Lisa Wallace, Leanne Hughes-Mickel, Robert McCormick, Mary Place, Colleda Monick, and Frieda Stephens City Council Liaison: Soneya Lund CITY PLANNING STAFF: Joan Davenport (Community Development Director),Rosalinda Ibarra (Admin Assistant) Joseph Calhoun (Planning Manager), Eric Crowell (Senior Planner), Eva Rivera (Planning Technician), Irene Linos (Temp. Department- Assistant I) AGENDA I.Call to Order II.Roll Call III.Staff Announcements IV.Approval of Meeting Minutes of February 22, 2023 V.Title 15 Text Amendments VI.Public Comment VII.Other Business VIII.Adjourn Next Meeting: March 22, 2023 The meeting will also be recorded and posted on the Y-PAC website. Visit the Yakima Planning Commission webpage for more information, including agenda packets and minutes. City of Yakima Planning Commission Zoning and Subdivision Updates March 8, 2023 1.Home Occupations Background: These proposed changes aretheresult of business licenses transitioningfrom Codes to the Department of Revenue(DOR),along withmarketplace changes that took place as a result of Covid-19. The switch to DORin2020identifiedmany businessesthat were previouslyunknown.When coupled with the pandemic in early 2020 and subsequent lockdowns, many people opted to start their own home-based business. One of the main problems we encountered, and still face, iswhile the majority of dwellings are located in residential zones, there are also a large numberlocatedin commercial and industrial zones. The Home Occupation chapter is only applicable to the Residential Zonesand the B-1 Zone which required utilizationof the “regular”land use process for uses in Table 4-1.This proposal willopen up the Home Occupation use to all zones where there is an existing dwelling. 15.04.120Home occupations. A.Purpose. The conduct of an accessorybusiness within an existingdwelling may be permitted in the residential districts under the provisions of this section. It is the intent of this section to: 1.Ensure the compatibility of home occupations with other uses permitted in the residential districtsunderlying zone; and 2. Preserve the existing dwelling as the primary use of the structureor property; and 23.Maintain and preserve the character of residential neighborhoods; and 34.Promote the efficient use of public services and facilities by assuring these services are provided to the residential population for which they were planned and constructed, rather than commercial uses. B.Table of Permitted Home Occupations. Table 4-2 titled “Table of Permitted Home Occupations” is incorporated as a part of this section. Each permitted home occupation listed in Table 4-2 is designated as a Class (1), (2) or (3) use for a particular residential zoning district. Proposed Home Occupations in existing dwellings in the commercial and industrial zoning districts shall follow the land use requirements of the R-3 zoning district. All permitted home occupations are subject to the standards of this title, including the specific conditions of subsection C of this section and the applicable review procedures of YMC Chapters15.13,15.14and15.15. Specific uses not permitted as home occupations are listed in subsection H of this section. T able 4-2. Table of Permitted Home Occupations Zoning District SRR-1R-2R-3B-1 Accountant1111 T able 4-2. Table of Permitted Home Occupations Zoning District SRR-1R-2R-3B-1 Architect1111 Artist, author, arts and crafts1111 Attorney1111 Barbershop, beauty parlor2222 Short term rental*1111 Business administration1111 Cabinet, mill work, carpentry work22 Catering service22222 Ceramics and sculpting2222 Composer1111 Day care, family home*11111 Dentist1222 Dog grooming23333 Dressmaker, seamstress, tailor1111 Engineer1111 Food preparation*121111 Home contractor*11111 Home instruction*1—5 students11111 6—8 students22222 Insurance agent1111 Locksmithand Gunsmith1212111 Photographer (not including productions studio)1111 Physician1222 Product assemblage*12221 Massage therapy/spa*11111 Music teacher1111 Production of small articles by hand without the use of automated or production line 1222 equipment Radio, television and small appliance repair2222 Real estate agent1111 Secretarial, phone answering, desktop publishing service*1111 Small engine repair2 Taxicab operator*111211 T able 4-2. Table of Permitted Home Occupations Zoning District SRR-1R-2R-3B-1 Wedding service22222 Unclassified home occupationSee YMC15.04.120(G) NOTES: * Refers to definition in YMC Chapter15.02. 1 = Type (1) Permitted Home Occupation 2 = Type (2) Review and Approval by the Administrative Official Required 3 = Type (3) Review, Public Hearing and Approval by the Hearing Examiner Required = Not Permitted C.Necessary Conditions. Home occupations are permitted as an accessory use to the residential use of a property only when all the following conditions are met: 1.The home occupation is conducted inside a structure within property on which is established the primary residence of the practitioner(s). For the purpose of administering this section, “primary residence” shall be defined as the residence where a person or persons resides for the majority of the calendar year; 2.The home occupation is incidental and subordinate to the residential functions of the property. No action related to the home occupation shall be permitted that impairs reasonable residential use of the dwelling; 3.There are no external alterations to the building which change its character from a dwelling; 4.The portion of the structure or facilities in which a home occupation is to be sited must be so designed that it may be readily converted to serve residential uses; 5.The business is conducted in a manner that will not alter the normal residential character of the premises by the use of color, materials, lighting and signs, or the emission of noise, vibration, dust, glare, heat, smoke or odors; 6.The home occupation does not generate materially greater traffic volumes than would normally be expected in the residential neighborhood; the frequency of deliveries should be comparable to that of a single-family home without a home business; 7.There is no outside storage or display of any kind related to the home occupation; 8.The home occupation does not require the use of electrical or mechanical equipment that would change the fire rating of the structure; 9.The home occupation does not require the use of electrical equipment that exceeds FCC standards for residential use; 10.The home occupation does not increase water or sewer use so that the combined total use for the dwelling and home occupation is significantly more than the average for residences in the neighborhood; 11.A business license is purchased where required; 12.The home occupation is conducted only by immediate family members residing in the dwelling; 13.All stock in trade kept for sale on the premises is produced on site by hand without the use of automated or production line equipment. In granting approval for a home occupation, the reviewing official may attach additional conditions to ensure thehome occupation will be in harmony with, and not detrimental to, the character of the residential neighborhood. Any home occupation authorized under the provisions of this title shall be open to inspection and review at all reasonable times by the building and enforcement official for purposes of verifying compliance with the conditions of approval and other provisions of this title. D.Materials and Storage. The storage of equipment, materials, or goods shall be permitted in connection with a home occupation provided such storage complies with the following standards: 1.All equipment, materials, or goods shall be stored completely within the space designated for home occupation activities and not visible from the public right-of-way. 2.Only those materials or goods that are utilized or produced in connection with the home occupation may be stored within the dwelling unit or accessory building. 3.All flammable or combustible compounds, products, or materials shall be maintained and utilized incompliance with fire code. 4.The frequency of home deliveries should be comparable to that of a single-family home without a home occupation associated with the residence. 5.A home occupation permit application (including a site plan) shall be supplied to and approved by the city of Yakima planning division prior to operation of any home occupation. E.Nameplates. Only one nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation (e.g., John Jones, Accountant). The nameplate shall be attached to the dwelling, but shall not exceed two square feet in area or be illuminated. F.Application Fee and Review Period. Application for a home occupation shall be made in accordance with the provisions of YMC Chapter15.11, except as noted, and shall be accompanied by the appropriate filing fee. The administrative official may waive part or all of the requirements for a site plan for Class (1) home occupations. G. Unclassified Home Occupation—Review by the Hearing Examiner. Home occupations not listed in Table 4-2 shall be reviewed by the hearing examiner in accordance with the provisions of YMC Chapter15.22; provided, any unclassified home occupation permitted after review and decision by the hearing examiner in a particular district shall be allowed only as a Class (2) or (3) use. H.Home Occupations Not Permitted. The following uses, by the nature of their operation or investment, have a pronounced tendency, once started, to increase beyond the limits permitted for home occupations and impair the use and value of a residentially zoned area for residential purposes. Therefore, the uses listed below shall not be permitted as home occupations: 1.Auto repair; 2.Antique shop or gift shop; 3.Kennel; 4.Veterinary clinic or hospital; 5.Painting of vehicles, trailers or boats; 6.Large appliance repair including stoves, refrigerators, washers and dryers; 7.Upholstering; 8.Machine and sheet metal shops; 9.Martial arts school; 10.Taxidermist; 11.Two-way radio and mobile telephone system sales and service; 12.Vehicle sign painting (except for the application of decals). I. Denial of Application for a Home Occupation. An application for a home occupation shall be denied if the administrative official finds that either the application or record fails to establish compliance with the provisions of this chapter. When any application is denied, the administrative officer shall state the specific reasons and cite the specific provisions and sections of this title on which the denial is based. J.Parking. The administrative official shall determine parking requirements for home occupations, as provided by YMC15.06.040(B). This determination may be guided by, but not restricted by, the standards of YMC Chapter15.06. 2.Table 5-1Cleanup Table cleanup –additional dividing lines in Table 5-1create boxes that do not include any setback information. In review of past Ordinances, these lines should not exist. 3.Subdivision Permits This proposal clarifies that only residential building permits would be restricted until a recorded final plat is received. We have had a few recentcommercial projects that went through simultaneous land use and subdivision review. Whilewe haven’t held up a commercial building permit due to not havinga recorded final plat, it has resulted in confusion for staff and our customers. 14.15.100Approval of short subdivision—Recording. Each final short plat approved by the administrator shall be filed for record in the office of the Yakima County auditor and shall not be deemed approved until so filed. The owner(s) of the land proposed to be subdivided shall be responsible for payment of all filing fees. A copy of the recorded plat shall be provided to the city prior to the issuance of anyadditional residentialbuilding permits. 14.20.230Final plat—Recording. All final plats approved by the administrator shall be filed for record immediately, or as soon as possible, by the subdivision applicant in the Yakima County auditor’s office. The subdivision applicant shall be responsible for all filing fees. Any final plat filed for record containing a dedication shall be accompanied by a current title report. A copy of the recorded plat shall be provided to the city prior to the issuance of anyadditional residentialbuilding permits. 4.Subdivision Appeals Remove appealproceduresfrom YMC Ch. 14.50 to use process in YMC Ch. 16.08, consistent with Title 15, Title 16, and Ch. 6.88. Chapter 14.50 APPEALS Sections: 14.50.010Appealsof administrative official’s decision. 14.50.020Appeal of hearing examiner’s decision. 14.50.030City council action on appeal of hearing examiner’s decision. 14.50.040Appeal of city council’s decision. 14.50.050Effect of appeals. 14.50.060Actions not appealable. 14.50.010Appeal of administrative official’s decision. The procedures to appeal actions under Title 14, Title 15, Title 16, and Chapter 6.88 shall be found in YMC 16.08 A.Appeal to the Hearing Examiner. Except as otherwise provided, any person or agency directly affected by any decision of the administrator may appeal that decision to the hearing examiner. B.Appeal. All appeals shall be filed within fourteen days following the mailing of the final decision by the administrator. Appeals shall be filed with the office of environmental planning. C.Appeals Shall Be in Writing. All appeals shall be in writing on forms provided by the office of environmental planning and shall be accompanied by the required fees. All appeals shall specifically cite the action being appealed, the error(s) or issue(s) to be considered, and explain why the action is not consistent with the provisions of the Yakima urban area comprehensive plan, Yakima urban area zoning ordinance, this title, or other provisions of law. D.Notice. The office of environmental planning shall set a reasonable time and place for hearing of the appeal and shall notify all parties of record at least ten days prior to the hearing. E.Transfer of Record. The planning manager shall transmit to the hearing examiner true copies of all records pertaining tothe proposed decision being appealed, together with any additional written report as determined to be pertinent. F.Action by the Hearing Examiner. The scope of the open record hearing on the appeal shall be limited to issues raised in the appeal application. The hearing examiner shall render a written decision on the appeal within ten working days from the conclusion of the hearing unless the subdivision applicant and the examiner mutually agree to a longer period. The hearing examiner may affirm or reverse wholly or in part or modify the order, requirement, decision, or determination and to that end shall have all the powers of the officer from whom the appeal is taken. The department shall send copies of the hearing examiner’s decision to the appellant and parties of record not later than three working days following the issuance of the final decision. (Ord. 2011-08 §1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.120). 14.50.020Appeal of hearing examiner’s decision. A.Appeals. The hearing examiner’s decision on the appeal shall be final and conclusive unless it is appealed to the city council by a person or agency affected by the decision in the following manner: 1.The appealing party must file a complete written notice of appeal with the office of environmental planning upon forms provided by the department and accompanied by the appeal fee within fourteen days from the date of mailing of the examiner’s final decision. 2.The notice of appeal shall specify the claimed error(s) and issue(s) on appeal and shall specifically state all grounds for such appeal. Issues or grounds of appeal which are not so identified need not be considered. B.Appeal Procedures. 1.The office of environmental planning shall notify parties of record that an appeal has been filed and that copies of the notice of appeal and any written argument or memorandum of authorities accompanying the notice of appeal may be obtained from the office of environmental planning. The notice to parties of record shall also state that parties of record wishing to respond to the appeal may submit written argument or memoranda to the legislative body within fourteen days from the date the notice is mailed and shall further specify that such written argument or memorandum shall not include the presentation of new evidence and shall be based only on the record before the hearing examiner. A copy of the notice shall be sent to the appellant. 2.The appellant or any party of record may submit a written argument or memorandum of authority within fourteen days of the date of mailing of the notice to parties. Such written argument or memorandum of authorities shall be filed with the office of environmental planning. No written argument or memorandum of authorities may be thereafter submitted except as follows. The appellant or parties of record may request, in writing, and the department may, at its discretion and for cause, grant, without prior notice to other parties of record, a fifteen-day extension of time within which written argument or memoranda must be submitted; provided, that the request for extension is made no later than the last date the memorandum would otherwise be due. The legislative body may grant further extensions for good cause shown on a finding by the legislative body of the existence of circumstances which warrant such extensions. Notice of an extension shall be given to all parties of record. Memoranda, written argument or comments shall not include the presentation of any new evidence and shall be based only on the record before the hearing examiner. 3.When a timely appeal has been filed and the deadline for receipt of written memoranda has passed, the office of environmental planning shall within five days deliver to the city council a copy of the examiner’s decision, the record developed before the examiner, an audio recording of the hearing before the hearing examiner, and any written argument or memorandum of authority which has been received. (Ord. 2011-08 §1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.130). 14.50.030City council action on appeal of hearing examiner’s decision. A.General. When the record and the hearing examiner’s decision have been transmitted to the city council, the clerk of the city council shall schedule a date for a meeting of the city council at which time the city council shall consider the record upon which the hearing examiner’s decision was based and the written and oral arguments of the appellant and other parties of record regarding whether the hearing examiner’s decision was supported by substantial evidence. The date of the public meeting should not be later than twenty days following the date the city council receives the record from the office of environmental planning. B.Public Notice Meeting on Appeals. The clerk of the city council shall, by first class mail, notify all parties of record of the date of the closed record public hearing on the appeal. C.Site Views. The city council may view the site. D.Scope of Review. City council review of the facts shall be limited to the record before the hearing examiner. The city council may request additional information or memoranda in order to reach a decision; provided, that all parties of record are given an opportunity to respond toany new material provided. E.Action on Appeal. At the closed record public hearing the city council may adopt, amend and adopt, reject, reverse, amend and reverse the hearing examiner’s findings, conclusions, and decision, or the city council may remand the matter for further consideration or for purpose of taking and considering new factual evidence by the examiner. If the city council renders a decision different from the decision of the hearing examiner, the city council shall adopt amended findingsand conclusions accordingly. (Ord. 2011-08 §1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.140). 14.50.040Appeal of city council’s decision. The action of the city council on an appeal of the decision of the hearing examiner shall be final and conclusive unless within twenty-one days fromthe date of final action an aggrieved party obtains an appropriate writ of judicial review from the Yakima County superior court for the purpose of review of the action taken. The appellant shall provide or pay for in advance the cost of preparing any verbatim transcript of proceedings required for judicial appeal. With the consent of the superior court, the parties may agree to provide a verbatim audio record of proceedings for purposes of review by the superior court. (Ord. 2011-08 §1 (part), 2011: Ord.98-65 § 2 (part), 1998. Formerly 14.15.150). 14.50.050Effect of appeals. No subdivision may be recorded while an appeal is pending. (Ord. 2011-08 §1 (part), 2011: Ord. 98- 65 § 2 (part), 1998. Formerly 14.15.160). 14.50.060Actions not appealable. A.Generally. Only final actions or decisions of a reviewing or other official may be appealed under this chapter. B.Procedural Rulings. Interim procedural or other rulings during or as part of a review or decision- making process by a reviewing or other officer under this title are not appealable except as part of the final decision or action. C.Enforcement Actions. No enforcement action for violation of this title is appealable except as expressly provided in Chapter14.40. No decision or action for issuance of a warning citation or criminal citation by the reviewing official or other proper legal authority is appealable under this chapter nor shall any appeal under this chapter be taken of any enforcement action commenced by any part in a court of law.