Chapter 15.10
CONDITIONS OF APPROVAL/ADMINISTRATIVE ADJUSTMENT OF STANDARDS

Sections:

15.10.010    Purpose.

15.10.020    Administrative adjustment of some development standards authorized.

15.10.030    Review procedures.

15.10.040    Special conditions of approval authorized.

15.10.050    Authority to impose special conditions limited in Type (1) review and administrative modification review.

15.10.010 Purpose.

The purpose of this chapter is to specify and outline the authority of the administrative official to impose special conditions of approval on any permit or approval issued under the provisions of this title and to establish the authority of the administrative official to administratively adjust some of the development standards set forth in YMC 15.05.060 and YMC Chapters 15.05 through 15.08. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2001-04 § 7, 2001: Ord. 2947 § 1 (part), 1986).

15.10.020 Administrative adjustment of some development standards authorized.

The purpose of this section is to provide flexibility by allowing certain development standards in YMC Chapters 15.05 through 15.08 to be administratively adjusted. A particular standard may be reduced or modified, so long as the administrative official determines that the adjustment and/or reduction is consistent with the intent and purpose of the standards, and will accomplish one or more of the following objectives:

A.    Allow buildings to be sited in a manner which maximizes solar access;

B.    Allow zero lot line or common wall construction in conformance with the provisions;

C.    Coordinate development with adjacent land uses and the physical features;

D.    Permit flexibility in the design and placement of structures and other site improvements that is the minimum adjustment necessary to accommodate the proposed structure or site improvement; or

E.    Allow development consistent with a specific subarea plan adopted by the appropriate jurisdiction.

Administrative adjustments of development standards shall be processed under the provisions for modifications for all Class (1) and Class (2) uses which meet the provisions of YMC 15.17.020, and under Type (3) review for Class (3) uses.

The administrative official shall not have the authority to reduce the site design requirements for minimum lot size, building height, or subdivision requirements set forth in YMC 15.05.030 and Table 5-2, or YMC 15.05.060. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2011-12 § 6, 2011: Ord. 2008-46 § 1 (part), 2008: Ord. 95-13 § 7, 1995; Ord. 3106 § 22, 1988: Ord. 3019 § 39, 1987: Ord. 2947 § 1 (part), 1986).

15.10.030 Review procedures.

Upon receipt of an application for an administrative adjustment, the administrative official shall review the application as follows:

A.    Determination of Completeness. Within twenty-eight days after receiving a project permit application, the city shall mail or provide in person a written determination to the applicant which states:

a.    That the application is complete or that the application is incomplete and what is necessary to make the application complete; and

b.    To the extent known by the city, the identity of other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application (YMC 16.04.010).

B.    Request for Additional Information. The administrative official may request any additional information necessary to clarify the application or determine compliance with the provisions of this title in accordance with YMC 16.04.020. If the city determines an application is not complete, the city shall follow the procedures of YMC 16.04.030. Within fourteen days following receipt of the requested information, the city shall determine whether or not the application is then complete for processing according to the provisions of YMC 16.04.030.

C.    Notification of Adjacent Property Owners. A notice of application shall be provided to all applicants, designated contact persons, and property owners 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.

D.    Administrator’s Decision. After considering any comments received from other agencies, jurisdictions, or adjoining property owners, the administrative official shall issue a notice of decision for the applicant’s administrative adjustment application and site plan in accordance with YMC Ch. 16.07.

E.    Conditional Approval. The administrative official may attach conditions to his or her 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.

F.    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 zoning decision 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. 2016-029 § 1 (Exh. A) (part), 2016).

15.10.040 Special conditions of approval authorized.

A.    The development standards and other conditions for approval specified in this title are not a limitation on the authority of a reviewing official to impose additional or greater requirements as conditions of approval on any use, development, or modification being reviewed. Except as otherwise expressly provided, any reviewing official may impose conditions to:

1.    Accomplish the objective and intent of any development standards or criteria for approval set forth in this title;

2.    Mitigate any identified specific or general negative impacts of the development, whether environmental or otherwise;

3.    Ensure compatibility of the development with existing neighboring land uses;

4.    Assure consistency with the intent and character of the zoning district involved; or

5.    Achieve and further the expressed intent, goals, objectives, and policies of the Yakima urban area comprehensive plan and this title.

B.    It is the intent of this title to grant broad authority to impose special conditions to achieve and further the objectives listed above. Such authority shall extend, but not be limited, to the following:

1.    Increasing the minimum development standards of this title;

2.    Limiting and controlling the dimensions, number, shape, and location of structures, including fences, signs, and buildings;

3.    Regulating the number and location of vehicular access points;

4.    Requiring the dedication of additional rights-of-way for public streets;

5.    Requiring the dedication of public use easements and the recording of the same;

6.    Regulating the design, manner, and timing of construction of any site improvements;

7.    Regulating the hours of operation of any commercial or industrial use;

8.    Providing for the maintenance or retention of any regulated site improvement;

9.    Requiring and designating the location and size of open space; and

10.    Reclamation of any site after discontinuance of use or expiration or revocation of a permit. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.10.030).

15.10.050 Authority to impose special conditions limited in Type (1) review and administrative modification review.

Unless specifically granted in some other provision of this title, the authority of the administrative official to impose special conditions of approval during a Type (1) review or an administrative modification (YMC Chapter 15.17) is limited to those which are reasonable and necessary to accomplish the objective and intent of any expressed development standard, or criteria of approval, in this title. This provision shall not prevent the administrative official from denying or conditioning approval of any permit under this title based on the application of:

A.    The State Environmental Policy Act (SEPA); or

B.    Traffic engineering standards and policies established by the appropriate jurisdiction to protect the function and satisfactory level of service of arterial and collector streets. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 40, 1987: Ord. 2947 § 1 (part), 1986. Formerly 15.10.040).