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.