Chapter 16.01


16.01.010    Purpose and authority.

16.01.020    Applicability.

16.01.030    Legislative decisions.

16.01.040    Legislative authority not restricted.

16.01.050    Conflict of provisions.

16.01.060    Severability.

16.01.010 Purpose and authority.

A.    The purpose of this title is to provide for effective and efficient administrative review of land use development permit applications (referred to as “project permit applications” by this title) with consistent procedures for similar projects, and combining procedural and substantive environmental review (SEPA) with review of project permit applications under other applicable requirements. Fundamental land use planning choices made in adopted comprehensive plans and development regulations will serve as the foundation for project review and permit application decisions.

B.    Legislative Authority. This title responds to the Chapter 36.70B RCW mandate for local project review, which requires the integration and consolidation of the requirements of the Growth Management Act (GMA) and the State Environmental Policy Act (SEPA) for all project level review. This title provides a framework within which the consistency of project permit applications with comprehensive plans and development regulations shall be determined.

C.    The review process for project permit applications shall include land use, environmental, public, and governmental review so that documents prepared under different requirements can be reviewed together by the public and other agencies in one process for one project. (Ord. 98-66 § 1 (part), 1998).

16.01.020 Applicability.

The provisions of this title shall apply to all applications for land use development or environmental permits subject to review under the following titles or chapters of the Yakima Municipal Code:

A.    Title 14, Subdivisions.

B.    Title 15, Yakima Urban Area Zoning Ordinance.

C.    Chapter 6.88, Environmental Policy (SEPA). (Ord. 2016-030 § 1, 2016: Ord. 98-66 § 1 (part), 1998).

16.01.030 Legislative decisions.

The following types of decisions are legislative as opposed to quasi-judicial actions and are not subject to the procedures in this chapter, unless otherwise specified:

A.    Zoning ordinance text amendments;

B.    Adoption of development regulations and amendments;

C.    Area-wide rezones to implement new city policies;

D.    Adoption of the land use comprehensive plan and any plan amendments; and

E.    Annexations. (Ord. 98-66 § 1 (part), 1998).

16.01.040 Legislative authority not restricted.

Nothing in this title or the permit processing procedures shall limit the authority of the city council to amend the city’s land use comprehensive plan, or to amend the city’s development regulations. (Ord. 98-66 § 1 (part), 1998).

16.01.050 Conflict of provisions.

Subject to the provisions of state law, this title shall govern procedural aspects of all development project permit decisions within the city of Yakima or Washington. In the case of conflicts between this title or parts of this title and other rules, regulations, resolutions, or ordinances, the procedures of this title shall govern. (Ord. 2016-030 § 2, 2016: Ord. 98-66 § 1 (part), 1998).

16.01.060 Severability.

If any section, sentence, clause or phrase of this title should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this title. (Ord. 98-66 § 1 (part), 1998).