Chapter 16.02


16.02.010    Definitions.

16.02.020    Closed record appeal.

16.02.030    Department.

16.02.040    Director.

16.02.050    Open record hearing.

16.02.060    Project permit application.

16.02.070    Public meeting.

16.02.080    Reviewing official.

16.02.090    SEPA.

16.02.010 Definitions.

The terms and words used in this title are consistent with those defined in the applicable provisions of the Yakima Municipal Code (“YMC”). In addition to those terms defined elsewhere in the Yakima Municipal Code, this title defines certain specific terms for the purposes of this title. When not inconsistent with the context, words used in the present tense include the future; the singular includes the plural, and the plural the singular; “shall” is always mandatory and “may” authorizes exercise of discretion. (Ord. 98-66 § 1 (part), 1998).

16.02.020 Closed record appeal.

“Closed record appeal” means an administrative appeal on the record to a local government body or officer, including the legislative body, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed (RCW 36.70B.020). (Ord. 2016-030 § 3, 2016: Ord. 98-66 § 1 (part), 1998).

16.02.030 Department.

“Department” means the department of community development of the city of Yakima. (Ord. 2016-030 § 4, 2016: Ord. 98-66 § 1 (part), 1998).

16.02.040 Director.

“Director” means the director of the department of community development or his/her designee. (Ord. 2016-030 § 5, 2016: Ord. 98-66 § 1 (part), 1998).

16.02.050 Open record hearing.

“Open record hearing” means a hearing, conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government’s record through testimony and submission of evidence and information, under procedures prescribed by the local government by ordinance or resolution. An open record hearing may be held prior to a local government’s decision on a project permit to be known as an “open record predecision hearing.” An open record hearing may be held on an appeal, to be known as an “open record appeal hearing,” if no open record predecision hearing has been held on the project permit (RCW 36.70B.020). (Ord. 2016-030 § 6, 2016: Ord. 98-66 § 1 (part), 1998).

16.02.060 Project permit application.

“Project permit” or “project permit application” or “project application” or “permit” means any land use or environmental permit or license required from a local government for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically stated herein (RCW 36.70B.020). (Ord. 2016-030 § 7, 2016: Ord. 98-66 § 1 (part), 1998).

16.02.070 Public meeting.

“Public meeting” means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government’s decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government’s project permit application file (RCW 36.70B.020). (Ord. 2016-030 § 8, 2016: Ord. 98-66 § 1 (part), 1998).

16.02.080 Reviewing official.

“Reviewing official” means the building and enforcement official, administrative official, hearing examiner or legislative body, when engaged in any review or approval procedure under the provisions of this title, including without limitation issuing determinations, notices, and waivers and making decisions to modify requirements. “Reviewing official” also includes the planning department when engaged in accepting applications or reviewing administrative modifications under Chapter 15.17 YMC. This definition is intended to be consistent with the definition of “reviewing official” provided by YMC 15.02.020. (Ord. 98-66 § 1 (part), 1998).

16.02.090 SEPA.

“SEPA” refers to the State Environmental Policy Act, Chapter 43.21C RCW and the regulations adopted thereunder, and Chapter 6.88 YMC, as such laws exist or are hereafter amended. (Ord. 98-66 § 1 (part), 1998).