Chapter 15.11
GENERAL APPLICATION REQUIREMENTS
Sections:
15.11.020 Application requirements.
15.11.030 General site plan form and contents.
15.11.040 Detailed site plan form and contents.
15.11.050 Preapplication conference.
15.11.060 Filing an application.
15.11.070 Processing applications.
15.11.080 Notice requirements.
15.11.090 Fee schedule and administration.
15.11.100 Master applications.
15.11.010 Purpose.
The purpose of this chapter is to specify the general procedures to be followed when processing applications. Additional procedures for particular types of development review are contained in specific sections of this title. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.11.020 Application requirements.
All applications shall comply with the following requirements:
A. Applications shall be in writing on forms provided by the department;
B. Each submitted land use application shall be completed in its entirety, and contain all narratives, supplemental narratives, site plans, or other required attachments as specified by the pertinent application. For Type (1), or (2) reviews for developed sites for which there is limited proposed change, the application shall include a general site plan in print or digital form in conformance with YMC 15.11.030; provided, the administrative official at their discretion may require additional information to clarify the application or determine compliance with the provisions of this title. For Type (3) review, the application shall include a detailed site plan in conformance with YMC 15.11.040;
C. All applications, including a Type (1) review, shall be signed by the property owner or his agent authorized in writing to do so;
D. Applications shall be accompanied by the appropriate fee as established by ordinance;
E. An application is not complete unless it includes all required information, attachments and fees. No application shall be considered officially filed until accepted as complete by the division; and
F. Applications for Type (2) and (3) reviews shall include a minimum eleven-inch by seventeen-inch reproducible copy of the site plan in print or digital form. In the event of expanded review, additional copies may be required at the applicant’s expense. Site plans shall be developed in accordance with YMC 15.11.030 or 15.11.040, as applicable.
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Notice of Application |
Notice of Hearing Examiner or Yakima Planning Commission Public Hearing |
Notice of Recommendation/Decision |
City Council Hearing |
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Type (1) Review |
(Not Required) |
(Not Required) |
Notice of Decision • Applicant |
(Not Required) |
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Type (2) Review |
• Applicant • Property owners within 300-foot radius • City In-house Distribution List |
(Not Required) |
Notice of Decision • Parties/agencies who received the Notice of Application • Any additional parties of record |
(Not Required) |
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Type (3) Review |
• Applicant • Parties of Record • Property owners within 300-foot radius • City In-house Distribution List • Posting is required prior to issuance of notice |
(at least 20 days prior to hearing) • Applicant • Parties/agencies who received the Notice of Application • Any additional parties of record • Local Media • Hearing Examiner or Yakima Planning Commission • Publish legal ad in the newspaper |
Notice of Decision (mail 3 days after it is rendered) • Certified mail to applicant • Regular mail to parties and agencies who received the Notice of Application • Any additional parties of record |
(Not Required) |
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Appeals For SEPA appeal see YMC Ch. 6.88 |
Notice of Appeal of Administrative Official’s Decision and Public Hearing • Appellant • The official whose decision is being appealed • Parties/agencies who received the Notice of Application • Posting property and publishing a legal ad is required
Notice of Appeal of Hearing Examiner’s Decision • Appellant • The official whose decision is being appealed • Parties and agencies who received the Notice of Application |
See Notice of Application |
Notice of Hearing Examiner’s Decision • Certified mail to applicant • Regular mail to parties and agencies who received the Notice of Application • Any additional parties of record |
• City Clerk will publish legal ad and send notice to the following: - Appellant - Official whose decision is being appealed - Hearing Examiner - Parties and agencies who received the Notice of Application - Any additional parties of record |
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Cell Tower |
See YMC 15.29.040 Table 29-1 |
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Planned Development |
• Applicant • Property owners within 300-foot radius • City In-house Distribution List • Posting is required prior to issuance of notice |
(at least 20 days prior to hearing) • Applicant • Parties/agencies who received the Notice of Application • Any additional parties of record • Local Media • Hearing Examiner or Yakima Planning Commission • Publish legal ad in the newspaper |
Notice of Recommendation • Regular mail to applicant and parties of record
Notice of Decision • Applicant receives cover letter with ordinance if approved or Council’s findings if denied |
• City Clerk will publish legal ad and send notice to the following: - Applicant - Parties/agencies who received the Notice of Application - Any additional parties of record |
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Rezone |
• Applicant • Property owners within 300-foot radius • City In-house Distribution List • Posting is required prior to issuance of notice |
(at least 20 days prior to hearing) • Applicant • Parties/agencies who received the Notice of Application • Any additional parties of record • Local Media • Hearing Examiner or Yakima Planning Commission • Publish legal ad in the newspaper |
Notice of Recommendation • Regular mail to applicant and parties of record
Notice of Decision • Applicant receives cover letter with ordinance if approved or Council’s findings if denied |
• City Clerk will publish legal ad in the newspaper and send notice to the following: - Applicant - Parties/agencies who received the Notice of Application - Any additional parties of record |
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Comprehensive Plan Amendment |
See YMC Ch. 16.10 |
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Right-of-Way Vacation |
See YMC Ch. 14.21 |
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SEPA |
See YMC Ch. 6.88 |
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Shoreline |
See YMC Ch. 17.13 and WAC 173-27-110 |
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Subdivisions |
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Per YMC 15.01.060, in the case of conflicts between the text, maps and tables of this title, the text shall govern unless otherwise stated. Notice requirements for master applications will vary.
(Ord. 2020-001 § 1 (Exh. A) (part), 2020: Ord. 2019-044 § 1 (Exh. A) (part), 2019: Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 45, 1993: Ord. 3245 § 2, 1990: Ord. 2947 § 1 (part), 1986).
15.11.030 General site plan form and contents.
A. General Site Plan Form. All general site plans shall be drawn to scale and be legibly drawn or prepared in a reproducible printed or digital form. Unless otherwise requested or authorized by the administrative official, the paper size for Type (1) review shall be eight and one-half inches by eleven inches and, for Type (2) review, eleven inches by seventeen inches. The scale of the drawing shall be a standard engineering scale and shall reasonably utilize the media’s size.
B. General Site Plan Contents. The general site plan shall include the legal description of the land; north arrow and scale of drawing; name of applicant and project name; actual dimensions and shape of the lot to be built upon; the sizes and location of existing structures on the lot to the nearest foot; the location and dimensions of proposed structures and uses; the size and location of utilities, parking circulation plan, proposed landscaping and sitescreening; and the location of ingress and egress. The site plan shall also include any other information required by the division or administrative official to clarify the proposal, assess its impacts, or determine compliance with this title. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.11.040).
15.11.040 Detailed site plan form and contents.
A. Detailed Site Plan Form. All detailed site plans shall be legibly drawn to scale, and be prepared in a reproducible printed or digital form. Unless otherwise requested or authorized by the division, the paper size shall be eleven inches by seventeen inches or larger. The scale of the drawing shall be a standard engineering scale and shall reasonably utilize the media’s size. Where necessary, the plan may be on several sheets accompanied by an index sheet showing the entire site.
B. Detailed Site Plan Contents. The detailed site plan shall show the following where applicable:
1. The boundaries of the site;
2. Names and dimensions of all existing streets bounding or touching the site;
3. The location, shape, size, height, and types of all existing and proposed structures and the boundary lines of all proposed and existing lots, tracts, and easements;
4. Proposed location and dimensions of “common open space”;
5. Existing and proposed utilities, streets, access easements, and dedication of property;
6. Location, dimension, and design of off-street parking facilities, showing points of ingress to and egress from the site;
7. All major physiographic features, such as railroads, drainage canals, and shorelines, on or abutting the site;
8. Existing topographic contours at intervals of not more than five feet, together with proposed grading and drainage plans;
9. Proposed land uses and densities;
10. Pedestrian and vehicular circulation patterns;
11. Existing and proposed landscaping and sitescreening;
12. Existing sewer lines, water mains, and other underground facilities within and adjacent to the development;
13. Proposed sewer or other waste disposal facilities, water mains and other underground utilities;
14. The location of structures on the adjoining lots;
15. A comprehensive sign plan meeting the requirements of YMC 15.08.170(A);
16. Analysis of soil and geological conditions; and
17. Any other information specified by the administrative official, such as:
a. Proposed ownership pattern;
b. Operation and maintenance proposals (i.e., homeowner’s association, condominium, co-op or other);
c. Solid waste disposal facilities;
d. Lighting;
e. Water supply;
f. Public transportation;
g. Community facilities;
h. General timetable of development;
i. Floodproofing or other measures to protect against flooding; and
j. Information on design methods to conserve energy.
C. A detailed site plan for development in the floodplain overlay shall also include the following information:
1. Elevation in relation to the one-hundred-year flood level of the lowest floor (including basement) of all structures;
2. Elevation in relation to mean sea level of any structure that has been floodproofed;
3. Certification by a registered professional engineer or architect that established floodproofing standards have been met;
4. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development; and
5. Any other site plan requirements identified in YMC Ch. 15.27 Part Four. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.11.050).
15.11.050 Preapplication conference.
Prior to submitting an application, the applicant may arrange a conference with the division to review the proposed action, to become familiar with the policies, plans and development requirements of the Yakima urban growth area and to coordinate all necessary permits and procedures. Preapplication conferences are mandatory for all institutional overlay and master planned development applications. Any information or opinions expressed by the division staff shall not be binding on the administrative official or constitute approval of the project. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.11.060).
15.11.060 Filing an application.
All applications for permits, rezones, interpretations, or other approvals or action required or authorized under this title shall be filed with the department. Any required site plans shall accompany the application. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.11.070).
15.11.070 Processing applications.
Upon receipt of an application or upon referral of an application by the administrative official, the division shall proceed as follows:
A. The application shall be reviewed for completeness within twenty-eight days after receiving an application in accordance with YMC 16.04.010. If additional information is required, the application shall be referred back to the applicant in accordance with YMC 16.04.020. If the application is incomplete, the applicant shall be provided with an explanation of what is necessary to make the application complete in accordance with YMC 16.04.030, and if accepted as complete, the division shall begin processing the application in accordance with this chapter, and Title 16, Administration of Development Permit Regulations;
B. File Closure. In the event that the applicant/property owner does not provide the city of Yakima planning division within thirty days of mailing of the letter of incomplete application, either the requested information or a written correspondence indicating when the requested information will be provided, the planning division shall send a letter of file closure to the applicant. The letter of file closure shall be sent to the property owner of record and applicant indicating that “the file has been closed due to inactivity, and any further processing of the application will require resubmission of the application and payment of the applicable application fee.” In addition, any application which is inactive (meaning that the planning division has not received written correspondence from the applicant which provides the required information) for more than ninety days shall be deemed null and void, and shall not require issuance of a letter of file closure;
C. If more than one permit, approval, or action under this title is required, the division shall refer the application back to the applicant for consideration of a master application under YMC 16.03.010(B) or withdrawal of the application. If no response is received within seven days, the division shall determine the order of processing and forward the application to the appropriate administrative official;
D. A complete application shall be reviewed by the division and, if State Environmental Policy Act (SEPA) review is required, under the provisions of WAC Chapter 197-11, the project permits shall be integrated and shall be processed concurrently with the permit procedures of YMC Title 16;
E. The division shall be responsible for providing appropriate public notice for all land use applications and hearings which conforms to the statute or ordinance governing the application as specified in YMC Ch. 16.05;
F. Upon completion of all required comment periods and SEPA review for permit applications:
a. Not Requiring a Public Hearing. The city of Yakima administrative and SEPA responsible official(s) shall concurrently issue their SEPA determination, and notice of decision on the underlying land use application in accordance with YMC 16.07.010 through 16.07.040.
b. Hearing Required. The city of Yakima administrative and SEPA responsible official(s) shall issue their SEPA determination at least twenty days prior to the open record hearing (YMC 16.06.050), and the recommendation on the underlying land use application shall be provided to the hearing examiner, mailed to the applicant, and made available for public inspection no later than seven days prior to the public hearing (YMC 15.15.040).
G. If the decision of the administrative official or legislative body is for approval, not appealed, and if all other permits, approvals, or actions required under this title have been secured, the applicant’s decision and final approved site plan shall serve as the final official indication of compliance with this title only, and shall not relieve any person from requirements of other laws or ordinances; nor shall it authorize the division to issue a development permit without compliance with other duties or review required by administrative official by law. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 41, 1987: Ord. 2947 § 1 (part), 1986. Formerly 15.11.080).
15.11.080 Notice requirements.
A. Notice requirements shall be decided based upon compliance with the notice requirements set forth in the provisions of this title dealing with the particular types of permits, approvals, or other actions and that of YMC Ch. 16.05. In case of conflict between other provisions in this title and Title 16, the most lengthy and greatest notice requirement shall apply.
B. Responsibility for Notice. The division and/or the city clerk shall provide all notice requiring first-class mailing or legal publication. When required, the applicant shall post the property in accordance with subsection C of this section.
C. Posting Notice. The applicant shall post the subject property with signs provided by the division for Type (3) review, variance, rezone, appeal, interpretation (if required), and all project permit applications requiring State Environmental Policy Act review as provided for in YMC Title 16. Signs shall be posted on the subject property so as to be clearly seen from each right-of-way providing primary vehicular access to the subject property. The time of posting shall occur prior to issuance of notice of application, or as otherwise required by YMC Title 16.
D. Mailing Notice. For purposes of providing legal notice to adjoining property owners, the person or persons shown as the owner on the official records of the Yakima County assessor’s office shall be considered the property owner. The notice of application will follow the provisions of Yakima Municipal Code Chapter 16.05. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2010-31 § 4, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 (part), 1993: Ord. 2947 § 1 (part), 1986. Formerly 15.11.090).
15.11.090 Fee schedule and administration.
The legislative bodies hereby adopt and maintain a current schedule of fees and charges for actions pertaining to this title.
No application, permit or appeal shall be accepted, processed, approved or issued unless and until the applicable fees and charges have been paid in full. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 46, 1993: Ord. 3245 § 1, 1990: Ord. 3106 § 23, 1988: Ord. 3019 § 42, 1987: Ord. 2947 § 1(part), 1986. Formerly 15.11.100).
15.11.100 Master applications.
A. Process. Any person proposing a land use project, which would require more than one permit or approval, may submit a master application on form(s) provided by the department. The master application shall be processed subject to the highest type of review applicable to any of the required permits or approvals, Type (3) review being higher than Type (2), and Type (2) review being higher than Type (1). For purposes of this section, the administrative official’s decisions shall have the following effect:
1. If any of the required approvals constitute a recommendation to the legislative body, the decision of the administrative official as to all such permits or approvals shall constitute a recommendation to the legislative body; and
2. Otherwise, the decision of the administrative official shall be final subject to appeal pursuant to YMC Chapter 15.16.
B. Fees. When two or more zoning applications for the same project are processed as a master application, only the highest fee among the applications submitted shall be charged. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 43, 1987: Ord. 2947 § 1 (part), 1986. Formerly 15.11.110).