Chapter 16.10
COMPREHENSIVE PLAN AMENDMENT PROCEDURES
Sections:
16.10.035 Exceptions to the annual amendment process.
16.10.050 Submittal requirements.
16.10.060 Timing of amendments.
16.10.070 Public process and notice on proposed comprehensive plan amendment.
16.10.080 City of Yakima planning commission recommendation(s).
16.10.090 City council public hearing.
16.10.095 Development regulation amendments.
16.10.010 Purpose.
The purpose of this chapter is to provide procedures and criteria for amending and updating the Yakima urban area comprehensive plan and development regulations to be consistent with and implement the comprehensive plan pursuant to RCW 36.70A.130. Comprehensive plan amendments may involve changes in the plan written text, the plan policy maps, or to the future land use map. Comprehensive plan and development regulation amendments will be reviewed in accordance with this chapter, the state Growth Management Act (GMA), the Yakima county-wide planning policy (CWPP), the goals and policies of the Yakima urban area comprehensive plan, and official population growth forecasts and growth indicators, as applicable. Nothing in this chapter shall be construed to limit the legislative authority of the city to consider and adopt amendments and revisions to the Yakima urban area comprehensive plan or the city’s development regulations. (Ord. 2004-14 § 1, 2004: Ord. 2003-19 § 1 (part), 2003).
16.10.020 Applicability.
(1) The criteria and requirements of this chapter shall apply to all applications or proposals for changes to the comprehensive plan text or map designations and development regulations, unless specifically exempted. The following types of comprehensive plan amendments may be considered through the comprehensive plan amendment process:
(a) Future land use map changes;
(b) Changes to other plan policy maps;
(c) Comprehensive plan text changes; and
(d) Development regulation amendments.
(2) The criteria of this chapter shall apply to comprehensive plan designations and development regulation amendments no more frequently than once a year, except that amendments may be considered more frequently for special circumstances as may be provided for in RCW 36.70A.130, or as the same may be hereafter amended. The review of any proposed amendments authorized by RCW 36.70A.130 to occur more frequently than once a year shall be undertaken as provided for in YMC 16.10.035, which shall be the exclusive means of notice, public participation, and review for such amendments, any other provision of the Yakima Municipal Code to the contrary notwithstanding.
(3) Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(a) “Comprehensive plan” means the most recent version of the Yakima urban area comprehensive plan, inclusive of all adopted amendments.
(b) “Future land use map” means the GIS map maintained by the city of Yakima as its approved current future land use map.
(c) “Interested parties” means any person or persons who have provided their names and addresses in writing to planning staff and indicated their desire to receive mailings regarding a specific land use application within a specified area of the city of Yakima.
(d) “Property owners” means the person or persons shown as the owner of a parcel or parcels on the official records of the Yakima County assessor as of the date of mailing a land use notice.
(e) “Text amendment” means any comprehensive plan amendment in the form of text changes or standards modifications, whether in the form of additions, corrections, or other modifications.
(f) “Plan policy map” means any geographic depiction or map contained in the comprehensive plan other than the future land use map.
(g) “Planning staff” means staff members of the department of community development.
(h) “Development regulations” or “regulation” means the controls placed on development or land use activities by the city of Yakima, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinance, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the city of Yakima. (Ord. 2016-030 § 17, 2016: Ord. 2004-42 § 1, 2004: Ord. 2004-14 § 2, 2004: Ord. 2003-19 § 1 (part), 2003).
16.10.030 Procedures.
(1) Annually, the city council shall decide whether to open or forego opening the comprehensive plan amendment process pursuant to RCW 36.70A.130, and, by motion or resolution, declare its decision. In the event the city council decides to open the comprehensive plan amendment process, the city planning commission shall hold a public meeting in February to announce that the comprehensive plan amendment process is open to accept applications. At that time, the city planning commission will invite public comments and suggestions regarding proposed changes to the comprehensive plan.
(2) All comprehensive plan amendments shall be considered legislative actions and subject to the procedures in this chapter.
(3) Applications must comply with YMC 16.10.050 and be submitted by the last business day in April in order for a proposed amendment to be included in that year’s process.
(4) Future land use map changes may be initiated by the subject property owner(s), or by planning staff, by using the appropriate application forms. The city planning commission shall docket all future land use map amendment requests for further review and consideration if the amendment application is deemed complete as provided for herein.
(5) Other plan policy map and/or text amendments may be initiated by any person, including planning staff, by using the appropriate application forms. The city planning commission shall docket all such amendments for further review and consideration if the amendment application is deemed complete as provided for herein.
(6) After completion of the amendment docketing process, the city planning commission shall invite public comment regarding docketed amendment(s) concurrently with the notice announcing the city planning commission public hearing at which proposed amendments will be reviewed.
(7) Additional documentation may be needed to address public facilities and services elements that may be necessary for a proposed amendment. Examples of such services may include water, sewer, storm drainage, transportation, police and fire protection, and schools. Planning staff will assist applicants in identifying additional documentation necessary to enable appropriate review.
(8) After proposed amendments are docketed:
(a) The planning staff will review the docketed comprehensive plan amendments together with such review as may be required under the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, and Chapter 6.88 YMC.
(b) The city planning commission shall set dates for work sessions on docketed item(s) prior to setting the city planning commission public hearing date(s).
(9) No comprehensive plan amendment applications shall be docketed after the last business day in April, unless directed by the city council. (Ord. 2013-021 § 2 (Exh. B), 2013: Ord. 2010-22 § 11, 2010: Ord. 2005-70 § 1, 2005: Ord. 2003-19 § 1 (part), 2003).
16.10.035 Exceptions to the annual amendment process.
The Yakima city council may propose amendments to the comprehensive plan as authorized by RCW 36.70A.130 more frequently than once a year pursuant to the following process:
(1) The city council may initiate consideration of an amendment to the comprehensive plan at any time, regardless of the annual amendment review process, by resolution, on condition that city council shall simultaneously enter findings that: (a) an amendment proposed to be considered independent of the annual amendment review process complies with the provisions of RCW 36.70A.130; and (b) to wait until the next amendment cycle would be detrimental to the public’s interests.
(2) Proposed amendments initiated by council action as provided for in subsection (1) of this section shall be reviewed as follows:
(a) Any proposed comprehensive plan amendment addressing the initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea may be adopted by ordinance at any time.
(b) Any proposed comprehensive plan amendment addressing the adoption or amendment of a shoreline master program may be adopted under the procedures set forth in Chapter 90.58 RCW.
(c) Any proposed comprehensive plan amendment addressing the amendment of the capital facilities element of the comprehensive plan may be adopted by ordinance at any time provided that the same is undertaken concurrently with the adoption or amendment of the city of Yakima budget.
(3) For any proposed comprehensive plan amendment consistent with subsection (2) of this section, planning staff shall identify, and comply with, methods to assure early and continuous public participation in the review of such amendments. These methods may include the procedures set forth in YMC 16.10.070, but may also include other procedures consistent with the terms of RCW 36.70A.140 including the use of methods different from those identified YMC 16.10.070.
(4) Nothing contained in this section shall modify in any way the public notice or other public participation process that may be required for any proposed amendment to the comprehensive plan pursuant to other applicable law, including the State Environmental Policy Act, Chapter 43.21C RCW, or the city of Yakima Environmental Policy chapter, Chapter 6.88 YMC. (Ord. 2004-42 § 2, 2004).
16.10.040 Approval criteria.
The following criteria shall be considered in the review of any proposed amendment to the Yakima urban area comprehensive plan:
(1) To alter the future land used map or other plan policy map, or effect a comprehensive plan text amendment, the proposed amendment must do one or more of the following:
(a) Address circumstances that have changed since the last time the relevant comprehensive plan map or text was considered;
(b) Better implement applicable comprehensive plan policies than the current relevant comprehensive plan map or text;
(c) Correct an obvious mapping error; or
(d) Address an identified deficiency in the comprehensive plan;
(2) Pursuant to RCW 36.70A.040, proposed comprehensive plan amendments shall be coordinated with, and take into consideration, the comprehensive plans adopted by Yakima County or cities with which the city of Yakima has, in part, common borders or related regional issues as may be required by RCW 36.70A.100;
(3) Proposed comprehensive plan amendments must be consistent with the Growth Management Act (GMA), Chapter 36.70A RCW, and the Yakima county-wide planning policy (CWPP); and
(4) Cumulative impacts of all comprehensive plan amendments, including those approved since the original adoption of the comprehensive plan, shall be considered in the evaluation of any proposed amendments. (Ord. 2003-19 § 1 (part), 2003).
16.10.050 Submittal requirements.
All applications for comprehensive plan amendments shall be made in writing, shall use the proper planning division application forms, and shall include the following information:
(1) For future land use map amendments:
(a) Completed application on the proper form signed by the legal owner of the subject property or by a representative authorized to do so by written instrument submitted with the application form, unless the amendment is initiated by the planning staff;
(b) Parcel numbers and legal description(s) of the subject property;
(c) Map(s) of the subject property that indicate roads, any areas identified in any applicable critical areas designations, and the future land use map designation of adjacent properties;
(d) Maps indicating the current and proposed future land use map designations, to be provided in both an eight-and-one-half-inch by eleven-inch and eleven-inch by seventeen-inch format to a standard engineering scale (e.g., 1:20);
(e) Descriptive information regarding the property including status of existing land use, access to sewer and water, and availability of public facilities such as schools, fire and police services;
(f) A written narrative stating the reasons for the request for the future land use map amendment and explaining how the proposed amendment meets the criteria in YMC 16.10.040; and,
(g) Completed and signed SEPA checklist pursuant to Chapter 43.21C RCW and Chapter 6.88 YMC.
(2) For comprehensive plan policy map or text amendments:
(a) Completed application on the proper form signed by the applicant(s);
(b) Identification of the proposed amendment indicating the section and paragraph location for the current comprehensive plan provision sought to be changed, if any, and including, for text amendments, the specific text sought to be added or amended;
(c) For plan policy map amendments, maps indicating the current, if any, and proposed policy map designations, to be provided in both an eight and one-half inch by eleven-inch and eleven-inch by seventeen-inch format to a standard engineering scale (e.g., 1:20);
(d) A written narrative stating the reasons for the request for the amendment and explaining how the proposed amendment meets the criteria in YMC 16.10.040; and
(e) Completed and signed SEPA checklist pursuant to Chapter 43.21C RCW and Chapter 6.88 YMC. (Ord. 2003-19 § 1 (part), 2003).
16.10.060 Timing of amendments.
(1) The comprehensive plan shall be amended no more often than once per year and no less often than as provided in RCW 36.70A.130, as now existing or as hereafter amended, in accordance with the time periods and procedures established in this chapter except in the circumstances described in YMC 16.10.020(2).
(2) Applications for comprehensive plan amendments will be accepted in the community development office after the planning commission has announced, at its meeting in February, that the comprehensive plan amendment process is open for application. The planning staff will accept letters of interest for amendment proposals and/or suggestions at any time. Amendment applications received in the community development office after the last business day in April will be processed during the next scheduled comprehensive plan amendment cycle, unless submitted directly by city council pursuant to YMC 16.10.035.
(3) The following public notice will precede the planning commission February public meeting:
(a) Not later than twenty days prior to the planning commission public meeting date, a legal and display ad notice will be placed in the local newspaper of general circulation announcing the planning commission February meeting;
(b) The city of Yakima planning division will provide a press release to the Yakima public affairs channel (YPAC) electronic bulletin board not later than fourteen days before the planning commission public meeting date;
(c) The planning staff will notify the local media regarding the planning commission public meeting through a prepared press release; and
(d) The planning staff will place the planning commission’s public meeting notice on the city of Yakima’s website.
(4) At the planning commission’s first meeting following the last business day in April, the planning commission and planning staff will review docketed comprehensive plan amendment(s). At such time:
(a) The planning staff shall notify the Washington State Department of Commerce of the city’s intent to process the proposed docketed amendments;
(b) The Washington State Department of Commerce shall also receive notification of any specific amendment proposal at least sixty days prior to final adoption of said amendment proposal; and
(c) The planning staff shall issue a request for consultation with state and local aviation entities as more fully set forth in RCW 36.70.547, or as the same may be hereafter amended.
(5) The planning staff shall establish timelines for additional review and consideration by the planning commission so that the comprehensive plan amendment review process for a given year will be completed in that year’s amendment cycle, which shall expire not later than December 31st.
(6) The planning staff shall provide a complete and accurate copy of any adopted comprehensive plan amendment to the Washington State Department of Commerce within ten days after the final adoption of the ordinance. (Ord. 2016-030 § 18, 2016: Ord. 2013-021 § 3 (Exh. C), 2013: Ord. 2003-19 § 1 (part), 2003).
16.10.070 Public process and notice on proposed comprehensive plan amendment.
To provide for the opportunity of citizens, interested parties and reviewing agencies to suggest and make comments on proposed comprehensive plan amendments, the planning staff will provide for broad dissemination of information regarding the amendment process. Notice shall be reasonably calculated to give interested parties, the general public, and government agencies a meaningful opportunity to be apprised of, and participate in, the comprehensive plan amendment process. The planning staff shall identify and follow a procedure reasonably calculated to address public comments regarding proposed amendments.
(1) Except for instances where specific notice requirements are provided for elsewhere in this chapter, in which event the specific notice requirements shall control, examples of types of notice which the planning staff may utilize, as appropriate, include the following:
(a) A general mailing to interested parties;
(b) Posting on the city of Yakima’s website;
(c) Posting the property with signage, for which a future land use map amendment has been submitted and docketed;
(d) Notice in the local newspaper of general circulation at least twenty days prior to any public hearing and as may be otherwise required by RCW 36.70.390, or as the same may be hereafter amended;
(e) Announcements on Yakima’s public affairs channel (YPAC) of scheduled public hearings;
(f) Press releases to the local media;
(g) Posting of information at the code administration and planning division and city clerk’s offices, in addition to other city clerk designated locations;
(h) Notice by general mailing to property owners located within three hundred feet of external property line boundaries designated in a particular amendment application;
(i) Notification to reviewing agencies as may be established by Washington State Department of Commerce pursuant to RCW 36.70A.035(1) and 36.70.547.
(2) Additional public notification may be undertaken by planning staff if it determines that it is in the public interest to do so.
(3) The notice of application shall follow the notice requirements of Yakima Municipal Code Chapter 16.05 and may be either a postcard format or letter size paper. (Ord. 2016-030 § 19, 2016: Ord. 2010-31 § 9, 2010: Ord. 2010-22 § 12, 2010: Ord. 2003-19 § 1 (part), 2003).
16.10.080 City of Yakima planning commission recommendation(s).
To provide for the opportunity of citizens, interested parties and reviewing agencies to review the recommendation of the city planning commission to the city council regarding comprehensive plan amendments, the following procedures shall apply:
(1) The city planning commission shall provide a recommendation on each docketed amendment proposal with findings of fact to support each recommendation based on the approval criteria set forth in YMC 16.10.040; and
(2) The planning staff shall notify the applicant and parties of record of the city planning commission’s recommendation and make it available for public inspection:
(a) Not later than twenty days prior to the city council public hearing date, a legal notice will be placed in the local newspaper of general circulation announcing the city council public hearing;
(b) The planning staff will notify local media outlets regarding the city council public hearing through a prepared press release; and
(c) The planning staff will place the city council public hearing notice on the city of Yakima’s website. (Ord. 2016-030 § 20, 2016: Ord. 2010-22 § 13, 2010: Ord. 2003-19 § 1 (part), 2003).
16.10.090 City council public hearing.
At a meeting of the city council the elected body will review the city planning commission recommendations regarding any docketed comprehensive plan amendments and hold a public hearing to provide citizens, interested parties and reviewing agencies an opportunity to comment on the recommendations.
(1) The notice of the public hearing of the city council on the recommendations of the city planning commission will be promulgated by the city clerk pursuant to the process for regular business meetings of the city council, and will include the following:
(a) The time, location, and date of the city council public hearing;
(b) A copy of the agenda item; and
(c) A list of all comprehensive plan amendments to be considered at the hearing.
(2) An open record public hearing will be conducted by the city council to hear testimony regarding each amendment under consideration.
(3) At the conclusion of the hearing, the city council shall direct planning staff to prepare legislation to approve, approve with conditions, or deny each amendment under consideration and shall identify findings of fact to support each decision based on the approval criteria set forth in YMC 16.10.040.
(4) At a subsequent city council meeting, the city council shall enact an ordinance adopting their decision reached at the council public hearing. Following city council action, notification of the ordinance shall be accomplished in the following manner:
(a) The planning staff shall provide a complete and accurate copy of the adopted comprehensive plan amendment(s) to the Washington State Department of Commerce within ten days after final adoption; and
(b) The city clerk shall have a summary of the approved comprehensive plan amendment ordinance published in the local newspaper of general circulation;
(c) The city clerk shall post the ordinance to the city’s website as an ordinance amending the Yakima Municipal Code.
(d) The applicant or property owner shall remove all land use action signs from the subject property within thirty days from the date of issuance of the final decision or action on the underlying land use application. Any signage which is in good condition shall be returned to the city of Yakima planning division. (Ord. 2016-030 § 21, 2016: Ord. 2010-22 § 14, 2010: Ord. 2003-19 § 1 (part), 2003).
16.10.095 Development regulation amendments.
Changes to the development regulations of the Yakima Municipal Code, unless otherwise provided for, shall follow the amendment procedures of Chapter 16.10, comprehensive plan amendment procedures, except the general mailing to property owners located within three hundred feet of external property line boundaries, as stated in YMC 16.10.070(1), public process and notice on proposed comprehensive plan amendment, shall not apply. (Ord. 2016-030 § 22, 2016: Ord. 2004-14 § 3, 2004).
16.10.100 Implementation and application of comprehensive plan amendment procedures for the year 2004.
Upon the passage, approval, and publication of the ordinance codified in this chapter, and for calendar year 2004 only, the amendment process shall be deemed open for all pending applications and for all applications received by the last business day in April, 2004, without otherwise requiring announcement from the regional planning commission as contemplated in YMC 16.10.030 and 16.10.060. Publication of the ordinance codified in this chapter shall be deemed sufficient notice to the public that the amendment process for calendar year 2004 is open. All other notice obligations required by this chapter shall remain in full force and effect during the 2004 amendment cycle. (Ord. 2010-22 § 15, 2010: Ord. 2004-14 § 4, 2004: Ord. 2003-19 § 1 (part), 2003).