Chapter 16.06
CONSISTENCY WITH DEVELOPMENT REGULATIONS AND SEPA INTEGRATION
Sections:
16.06.010 Determination of consistency.
16.06.020 Consistency analysis.
16.06.030 SEPA integration—Purpose.
16.06.040 Use of existing environmental documents.
16.06.050 Issuance of SEPA threshold determinations.
16.06.060 Appeals of SEPA determinations.
16.06.010 Determination of consistency.
Fundamental land use planning choices made in adopted comprehensive plans and development regulations will serve as the foundation for project review. As part of project review, pursuant to RCW 36.70B.030 and RCW 36.70B.040, the decision-maker shall determine if a proposed project is consistent with applicable development regulations, or in the absence of applicable regulations, the adopted comprehensive plan.
The determination of consistency is governed by Chapter 36.70B and shall be made according to the process established in YMC 16.06.020 and shall be part of the notice of application, as provided in Chapter 16.05 YMC. (Ord. 98-66 § 1 (part), 1998).
16.06.020 Consistency analysis.
Pursuant to RCW 36.70B.040(3), for purposes of this section, the term “consistency” shall include all terms used in Chapter 36.70A RCW and Chapter 36.70B RCW to refer to performance in accordance with Chapter 36.70A RCW and Chapter 36.70B RCW, including but not limited to compliance, conformity, and consistency.
A. Project Considerations. Pursuant to RCW 36.70B.040, whether a proposed project is consistent with applicable development regulations, or, in the absence of applicable regulations, the appropriate elements of the comprehensive plan, shall be determined by considering the following project considerations:
1. The type of land use;
2. The level of development, such as units per acre or other measures of density;
3. Infrastructure, including public facilities and services needed to serve the development; and
4. The characteristics of the development, such as development standards.
B. Development Regulations/Comprehensive Plan Considerations. Pursuant to RCW 36.70B.030(2), during project review, the city, or any subsequent reviewing body shall determine whether the items listed in this subsection are defined in the development regulations applicable to the proposed project or, in the absence of applicable regulations, the adopted comprehensive plan. At a minimum, such applicable regulations or plans shall be determinative of:
1. The type(s) of land use(s) permitted at the site, including uses that may be allowed under certain circumstances, such as planned unit developments and conditional and special uses, if the criteria for approval of planned unit developments or conditional or special uses are satisfied;
2. The density of residential development in the urban growth area or the level of development such as units per acre or other measures of density;
3. The availability and adequacy of infrastructure and public facilities identified in the adopted comprehensive plan, if the adopted plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW; and
C. The project considerations identified in subsection A of this section shall all be considered in relation to the development regulations/comprehensive plan considerations identified in subsection B of this section;
D. Pursuant to RCW 36.70B.040(2), in determining consistency, the determinations made pursuant to subsection B of this section shall be controlling.
E. Pursuant to RCW 36.70B.030(3), during project review, the city of Yakima or any subsequent reviewing body shall not, except for issues of code interpretation, reexamine alternatives to or hear appeals on:
1. The type(s) of land use(s) permitted at the site, including uses that may be allowed under certain circumstances, such as planned unit developments and conditional and special uses, if the criteria for their approval have been satisfied, as determined by the applicable development regulations or, in the absence of applicable regulations, the adopted comprehensive plan;
2. The density of residential development in urban growth areas, as determined by the applicable development regulations or, in the absence of applicable regulations, the adopted comprehensive plan; and
3. The availability and adequacy of public facilities identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW. (Ord. 98-66 § 1 (part), 1998).
16.06.030 SEPA integration—Purpose.
Environmental review for projects determined not to be categorically exempt under SEPA shall be integrated and shall proceed concurrently with the permit procedures of this title. (Ord. 98-66 § 1 (part), 1998).
16.06.040 Use of existing environmental documents.
The city may determine that adopted comprehensive plans, subarea plan elements of a comprehensive plan, development regulations, or other local, state or federal rules or laws provide adequate environmental analysis and mitigation of some or all specific probable adverse environmental impacts of a proposed action. (Ord. 98-66 § 1 (part), 1998).
16.06.050 Issuance of SEPA threshold determinations.
A. Expiration of Notice of Application Comment Period. Except for a determination of significance (DS), the city of Yakima may not issue its SEPA threshold determination or issue a decision or recommendation on a project permit until the expiration of the public comment period on the notice of application as defined in Section 16.05.100 of this title.
B. Preliminary SEPA Determination and Notice of Application. To integrate project and environmental review under SEPA and to encourage early public comment on project applications, a preliminary SEPA determination may be included with notice of application if such preliminary SEPA determination has been made at the time the notice of application is issued. This preliminary determination may not substitute for actual SEPA threshold determination.
C. SEPA Determination of Significance (DS) and Notice of Application. If the city of Yakima has made a SEPA determination of significance (DS) concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. Nothing in the subsection prevents a determination of significance and scoping notice from being issued prior to a notice of application.
D. Public Hearing on Project Permit. If an open record predecision hearing is required on the underlying project permit application, the city of Yakima shall issue its threshold determination at least twenty days prior to the open record predecision hearing.
E. Nothing in this section limits the authority of the city in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by Chapter 43.21C RCW.
F. The city shall also review the application under Chapter 6.88, the city environmental policy ordinance. (Ord. 98-66 § 1 (part), 1998).
16.06.060 Appeals of SEPA determinations.
Appeals of SEPA determinations are subject to the provisions of Chapter 16.08 of this title. (Ord. 98-66 § 1 (part), 1998).