Chapter 15.14
TYPE (2) REVIEW
Sections:
15.14.010 Purpose.
15.14.020 When required.
15.14.030 Application for Type (2) review.
15.14.040 Review procedures.
15.14.050 Notification of final decision.
15.14.060 Issuance of a certificate of zoning review.
15.14.070 Appeals.
15.14.010 Purpose.
This section establishes procedures for issuance of a certificate of zoning review for uses requiring Type (2) review. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.14.020 When required.
Type (2) review is required for any proposed use shown on Table 4-1 as a Class (2) use; for Class (1) uses requiring Type (2) review in YMC 15.13.020; and for other specific reviews established by this title.
In certain circumstances, the administrative official may require that a Class (2) use undergo a Type (3) review, when one of the following occurs:
A. In the opinion of the administrative official, formal public review and comment on a proposal will assist in determining necessary and proper mitigation of impacts;
B. SEPA environmental review of the proposal indicates potentially significant environmental impacts that could prompt a higher type of review;
C. The application has more than three associated land use decisions to be considered; or
D. The proposed land use request has a development or master plan required by the size of the proposal or the administrative official has determined one is necessary. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.14.030 Application for Type (2) review.
Applications for certificates of zoning review for Class (2) uses shall be made in writing to the planning department on forms supplied by the department. A general site plan conforming to the provisions of YMC 15.11.040 shall accompany the application for Type (2) review. The planning department shall forward the application and site plan to the administrative official for review. The administrative official may request any additional information under the provisions of YMC 15.11.020(B). (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.14.040 Review procedures.
Upon receipt of a completed application for a Class (2) use, the administrative official shall proceed as follows:
A. Preliminary Decision. Within seven days of receipt of the completed application, the administrative official shall review the proposal and tentatively determine whether the proposed development should be approved, approved with conditions or denied. The administrative official may request any additional information necessary to clarify the application or determine compliance with the provisions of this title.
If additional information is required by the administrative official, the preliminary decision on the application shall be made within seven days of receipt of the additional information.
B. Notification of Adjacent Property Owners. When the administrative official’s preliminary decision is to approve the application, or approve with conditions, the administrative official shall, within five days, forward a notice of application to all landowners within three hundred feet of the exterior boundaries of the development site. The notice of application will follow the notice requirements of Yakima Municipal Code Chapter 16.05 and may be either a postcard format or letter size paper.
The administrative official may also, but is not required to, solicit comments from any other person or public agency the administrative official feels may be affected by the proposal.
C. Administrator’s Decision. After considering any comments received from other agencies, jurisdictions, or adjoining property owners, the administrative official shall take one or more of the following actions:
1. Approve the site plan and issue a certificate of zoning review;
2. Establish conditions for approval, or require other changes in the proposed site plan;
3. Authorize adjustment in the basic design standards in accordance with the provisions of YMC Chapter 15.10;
4. Request additional or more detailed information, including but not limited to a written development plan or master plan or other similar documents for development;
5. Refer the site plan to the hearing examiner for review, public hearing and decision; or
6. Disapprove the site plan.
A request by the administrative official for additional or more detailed information shall be made within seven days from the end of the comment period.
D. Conditional Approval. The administrative official may attach conditions to his approval in order to assure the development is consistent with the intent of this title, the zoning district, the development standards, and the other provisions of this title.
E. Findings and Conclusions. The administrative official shall prepare written findings and conclusions stating the specific reasons, and citing the specific chapters and sections of this title, upon which the administrative official’s decision to approve, approve with conditions, or deny the issuance of a certificate of zoning review is based. The findings shall demonstrate that the administrative official’s decision complies with the policies of the Yakima urban area comprehensive plan, the intent of the zoning district, and the provisions and standards established herein. (Ord. 2010-31 § 5, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 51, 1987: Ord. 2947 § 1 (part), 1986).
15.14.050 Notification of final decision.
The administrative official’s final decision shall be issued within seven days from the end of the comment period, or, if additional information was requested, within seven days from the date the administrative official received the information. The administrative official shall mail any other findings and decision to the applicant and to other parties receiving initial notice not later than three working days following the issuance of the final decision. The administrative official shall also specify that the decision is final unless appealed to the hearing examiner. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 52, 1987; Ord. 2947 § 1 (part), 1986).
15.14.060 Issuance of a certificate of zoning review.
No use requiring Type (2) review by the administrative official shall be entitled to a development permit until and unless the administrative official approves a final site plan and authorizes issuance of a certificate of zoning review. The certificate of zoning review is not a building or development permit and does not by itself authorize the construction or occupancy of any use or structure. (Ord. 2008-46 § 1 (part), 2008).
15.14.070 Appeals.
Decisions by the administrative official under Type (2) review may be appealed to the hearing examiner in accordance with YMC Chapter 15.16. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).