Chapter 16.05


16.05.010    Notice of application.

16.05.020    Contents of notice of application.

16.05.030    Public comment on the notice of application.

16.05.040    Notice of application and SEPA integration.

16.05.050    Public hearing requirements.

16.05.010 Notice of application.

A.    The city shall issue a notice of application on all project permit applications that are not determined by the director to be exempt from the procedures provided by this title. The notice of application shall be mailed to the applicant’s designated contact person, and, as listed on current Yakima County assessor records, the owners of property within three hundred feet of the development site. The notice may be either a postcard format or letter size paper.

B.    The notice may also be sent to agencies interested in the application, as determined by the planning manager, and to other persons or entities who request such notice.

C.    If the application is subject to an open record public hearing, the date of the public hearing shall be included in the notice of application and the notice of application shall be provided at least twenty days prior to the open record hearing. The provisions of YMC 16.05.030 shall also apply. (Ord. 2016-030 § 11, 2016; Ord. 2010-31 § 6, 2010: Ord. 98-66 § 1 (part), 1998).

16.05.020 Contents of notice of application.

The notice of application shall comply with the notice requirements specified in YMC 16.05.010 and shall include:

A.    The date of the application, the date of the notice of completion for the application, the date the notice of application is issued;

B.    A brief description of the proposed project action, including the project location and city file number;

C.    The location where the application and any studies can be reviewed, including the city website information;

D.    The date when the public comment period ends, which shall be the twentieth day following the date of notice of application, and a statement of the right of any person to comment on the application and become a party of record for the application;

E.    The date, time, place and type of hearing, if applicable and scheduled at the date of notice of the application;

F.    Any other information determined appropriate by the director. (Ord. 2010-31 § 7, 2010: Ord. 98-66 § 1 (part), 1998).

16.05.030 Public comment on the notice of application.

All public comments on the notice of application must be received in the department of community development not later than five p.m. on the twentieth day after the notice of application is issued. If the twenty-day public comment period ends on a weekend or holiday, it shall be automatically extended to the end of the next business day. Comments may be mailed, personally delivered or sent by facsimile. Comments should be as specific as possible. Any public comment received by the city of Yakima planning division requesting to become a party of record shall be added to the record and shall be entitled to receive any future notices and/or decisions associated with the application. (Ord. 2016-030 § 12, 2016: Ord. 98-66 § 1 (part), 1998).

16.05.040 Notice of application and SEPA integration.

Except for a determination of significance pursuant to SEPA, the city may not issue its threshold determination or issue a decision or recommendation on a project permit until the expiration of the public comment period on the notice of application. (Ord. 98-66 § 1 (part), 1998).

16.05.050 Public hearing requirements.

A.    The notice of application may include the notice of open record public hearing for permit applications which require open record public hearings. The notice may be either a postcard format or letter size paper.

B.    Content of Notice of Public Hearing. The notice given of an open record public hearing required in this chapter shall contain:

1.    The name and address of the applicant or the applicant’s representative;

2.    Description of the affected property, which may be in the form of either a vicinity location or written description, other than a legal description;

3.    The date, time, and place of the hearing;

4.    A description of the subject property reasonably sufficient to inform the public of its location, including but not limited to the use of a map or postal address and a subdivision lot and block designation;

5.    A brief statement of the nature of the proposed use or development;

6.    A statement that all interested persons may appear and provide testimony;

7.    When information pertaining to the application may be examined and when and how written comments addressing findings required for a decision by the hearing body may be admitted.

C.    Representation Required. An applicant or representative shall be present at the hearing. In the event that the applicant or his or her representative is not present at the time of the hearing, the hearing shall be canceled and rescheduled by the planning division with appropriate public notice given in accordance with this title. (Ord. 2016-030 § 13, 2016: Ord. 2010-31 § 8, 2010: Ord. 98-66 § 1 (part), 1998).