Title 1 ADMINISTRATION*
Chapter 1.42 PLANNING COMMISSION*
1.42.070 Yakima urban area comprehensive plan--Adoption and amendment procedures.
A. Plan Adoption: The 1997 Yakima urban area comprehensive
plan ("the plan") shall consist of the November, 1996, Yakima urban area
comprehensive plan draft as modified by the February 11, 1997, Yakima urban area
joint board recommended changes, and the Terrace Heights neighborhood plan
recommended by the regional planning commission on February 23, 1999, and as
recommended by the Yakima urban area joint board on June 4, 1999, which shall be
a sub-element of the plan. The plan and its elements and plans including those
incorporated by reference are hereby adopted as the official comprehensive land
use plan for the city of Yakima, as required by Chapter 36.70A RCW.
B. Plan Amendments. Requests for amendments to the Yakima
urban area comprehensive plan may be submitted at any time, and will be docketed
to be reviewed and acted upon once per year as required by RCW 36.70A.130.
Proposed amendments shall be considered concurrently to ascertain the cumulative
effect of the various proposals. Initial adoption of subarea plans and the
adoption or amendment of a shoreline master program are not subject to the
docketing requirement, and may be considered independently of the annual
amendment process. Amendments to the plan may also be considered whenever an
emergency exists, or to resolve an appeal of the plan filed with the Eastern
Washington growth management hearings board, following appropriate public
participation.
C. Amendment Review Process. Proposed amendments to the plan
shall be submitted to the city of Yakima department of community and economic
development, along with the required application fee, for review by the Yakima
urban area regional planning commission. The commission shall hold at least one
public hearing to receive public testimony on proposed amendments, and shall
forward its recommendation regarding proposed amendments to the Yakima city
council and board of Yakima county commissioners. The city council shall hold at
least one public hearing on the commission's recommendation. The city council
may refer any proposed amendment back to the commission for further
consideration and recommendation by the commission. The city council may amend
the plan or reject any proposed amendments subsequent to the city council public
hearing.
D. Existing Land Use Regulatory Ordinances Remain in Effect.
All existing land use regulatory ordinances and land use controls shall remain
in effect, including Title 15, Yakima urban area zoning ordinance; city of
Yakima official zoning map; Title 14, Subdivisions; YMC Chapter 6.88,
Environmental Policy; and YMC Chapter 11.58, Flood Damage Prevention, until such
time that these ordinances are amended. Future land use decisions shall be based
upon these ordinances, as periodically amended.
E. Severability. If any section, sentence, clause or phrase
of the adopted Yakima urban area comprehensive plan should be held to be invalid
or unconstitutional by or any body or court with authority and jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, clause or phrase of the adopted Yakima
urban area comprehensive plan.
F. Revival of 1981 Plan Upon Invalidation. In the event that
the 1997 Yakima urban area comprehensive plan, or any portion thereof, is
invalidated by the Eastern Washington growth management hearings board, or any
other body or court with authority and jurisdiction, the 1981 Yakima urban area
comprehensive plan, or the relevant portions thereof, shall be revived and shall
be in effect until a new comprehensive plan, or new relevant portions, are
established. (Ord. 99-33 § 1, 1999; Ord. 97-22 § 2, 1997: Ord. 2579
§ 1, 1981: Ord. 972 § 1, 1967: Ord. 779 §§ 1, 2,
1966).