Chapter 16.03


16.03.010    Determination of review procedure.

16.03.020    Exemptions from project permit process.

16.03.030    Limitation on open public record hearings and closed record appeals.

16.03.040    Applicant’s right to combined hearing.

16.03.010 Determination of review procedure.

A.    Determination by Director. The director or his/her designee shall determine whether any proposed project is exempt from the procedures of this title, should any clarification be necessary.

B.    Master Application Process. An application that involves two or more procedures including SEPA compliance may be consolidated and processed simultaneously, including combined notices, staff reports and hearings if necessary.

C.    The applicant may determine whether such an application shall be consolidated or processed separately.

D.    Decision-Maker(s). Applications processed in accordance with subsection B of this section shall be consolidated for hearing by the highest level decision-maker(s). The city of Yakima decision-makers are ranked as follows: the city council is the highest, followed by the hearing examiner or the city planning commission as applicable, and then the director or his/her designee. (Ord. 2010-22 § 10, 2010: Ord. 98-66 § 1 (part), 1998).

16.03.020 Exemptions from project permit process.

A.    Right-of-way use permits, and street vacations pursuant to Chapter 35.79 RCW, present special circumstances that warrant a review process different from that provided in RCW 36.70B.060 through 36.70B.090 and 36.70B.110 through 36.70B.130, and are specifically excluded from the procedures set forth in this title.

B.    All building permits including Type (1) applications, boundary line adjustments, other construction permits, or, as determined by the director, similar administrative approvals which are categorically exempt from environmental review under SEPA, or permit/approvals for which environmental review has been completed in connection with other permits for the same project, are exempted from the provisions of this title. (Ord. 2016-030 § 9, 2016; Ord. 98-66 § 1 (part), 1998).

16.03.030 Limitation on open public record hearings and closed record appeals.

Except for the appeal of a SEPA determination of significance, no more than one open public record hearing and no more than one closed record appeal may occur on a single project permit application or master application. (Ord. 98-66 § 1 (part), 1998).

16.03.040 Applicant’s right to combined hearing.

A.    Required public hearings on a permit application shall be combined if the applicant so requests, as long as the joint hearing can be held within the time periods set forth in this title. In the alternative, the applicant may agree to a different schedule which requires additional time in order to combine the hearings.

B.    Prerequisites to Combined Public Hearing. A combined public hearing may be held with another local, state, regional, federal or other agency and the city, as long as:

1.    The other agency is not expressly prohibited by statute from doing so;

2.    Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, ordinance, or rule;

3.    The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the local government hearing. (Ord. 98-66 § 1 (part), 1998).