Yakima County, WA: Decision Maker.

§ 16B.02.010 Definitions.

Certain terms and words used in this Title are defined in the following Sections. 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" indicates a use of discretion in making a decision. Whenever terms defined elsewhere in the Yakima County Code appear in this Title, they shall be given the meaning attributed to them.

(Ord. 4-1996 § 1 (part), 1996; Ord. 14-1998 § 1 (part), 1998; Ord. 5-2012 § 2 (Exh. A) (part), 2012; Ord. 6-2014 § 2 (Exh. A)(part), 2016; Ord. 7-2017 § 2 (Exh. A)(part), 2017; Ord. 12-2024 § 1 (Exh. 1), 2024)

§ 16B.02.020 Administrative Official.

"Administrative Official"

means the Yakima County Planning Official or the official's designee.

(Ord. 4-1996 § 1 (part), 1996; Ord. 14-1998 § 1 (part), 1998; Ord. 5-2012 § 2 (Exhs. A, B) (part), 2012; Ord. 6-2014 § 2 (Exh. A)(part), 2016; Ord. 7-2017 § 2 (Exh. A)(part), 2017; Ord. 12-2024 § 1 (Exh. 1), 2024)

§ 16B.02.030 Agency with Jurisdiction.

"Agency with Jurisdiction,"

for purposes of this Title, means any agency with authority to approve, veto, or finance, all or part of any project permit application as defined by this Title.

§ 16B.02.040 Board of County Commissioners.

"Board of County Commissioners," also abbreviated as "BOCC," or "Board,"

is the legislative authority of Yakima County.

§ 16B.02.045 Buildable Land.

"Buildable Land,"

for the purposes of 16B.10.095(2)(a), means land suitable and available for residential, commercial, and industrial uses and includes both vacant land and developed land that, in the opinion of the planning agency, i.e., the Planning Division together with its Planning Commission as defined in RCW 36.70.020(13)(b), is likely to be redeveloped.

(Ord. 5-2012 § 2 (Exhs. A, B) (part), 2012; Ord. 6-2014 § 2 (Exh. A)(part), 2016; Ord. 7-2017 § 2 (Exh. A)(part), 2017; Ord. 12-2024 § 1 (Exh. 1), 2024)

§ 16B.02.050 Closed Record Hearing.

"Closed Record Hearing"

means an administrative hearing, conducted by the Board of County Commissioners following an open record hearing conducted by the Hearing Examiner on a Type 4 project permit application. The hearing is on the evidentiary record developed at the prior open record hearing with no or limited new evidence or information allowed to be submitted and only argument allowed. See also RCW 36.70B.020.

§ 16B.02.055 Day.

"Day"

means calendar day. For purposes of computing any period of time, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the computed period is included unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the close of Planning Division business on the next day which is neither a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than seven days, the intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

(Ord. 5-2012 § 2 (Exhs. A, B) (part), 2012; Ord. 6-2014 § 2 (Exh. A)(part), 2016; Ord. 7-2017 § 2 (Exh. A)(part), 2017; Ord. 12-2024 § 1 (Exh. 1), 2024)

§ 16B.02.060 Decision Maker.

"Decision maker"

means the person or body that is authorized by this Title to render the final decision on a project permit application. Table 3-1 herein designates the decision maker by project permit procedure type.

§ 16B.02.070 Hearing Examiner.

"Hearing Examiner" or "Examiner"

means that person appointed by the Board of Commissioners in accordance with YCC § 2.23.

(Ord. 4-1996 § 1 (part), 1996; Ord. 14-1998 § 1 (part), 1998; Ord. 5-2012 § 2 (Exh. A) (part), 2012; Ord. 6-2014 § 2 (Exh. A)(part), 2016; Ord. 7-2017 § 2 (Exh. A)(part), 2017; Ord. 2-2022 § 3 (Exh. 1), 2022; Ord. 12-2024 § 1 (Exh. 1), 2024)

§ 16B.02.075 Nonresponsiveness.

"Nonresponsiveness"

means that an applicant is not making demonstrable progress on providing additional requested information to the local government, or that there is no ongoing communication from the applicant to the local government on the applicant's ability or willingness to provide the additional information (RCW 36.70B.080(1)(i)).

(Ord. 12-2024 § 1 (Exh. 1), 2024)

§ 16B.02.080 Open Record Hearing.

"Open record hearing"

means a public hearing conducted by the Hearing Examiner. The hearing creates the evidentiary record pursuant to procedures prescribed by ordinance or resolution. Open record hearings either result in a recommendation to the Board of County Commissioners (in the case of Type 4 applications), or a final decision on a project permit application (in the case of Type 3 applications and Type 2 applications that are referred by the Administrative Official), or constitute an appeal of an administrative decision on a project permit application (including its SEPA determination). See also RCW 36.70B.020(3).

§ 16B.02.082 Optional Consolidated Permit Review.

"Optional consolidated permit review"

means that process authorized by RCW 36.70B.060 and 36.70B.120 which is the integrated and consolidated review and decision on two or more project permits relating to a proposed project action, including a single application review and approval process covering all project permits requested by an applicant for all or part of a project action.

(Ord. 5-2012 § 2 (Exhs. A, B) (part), 2012; Ord. 6-2014 § 2 (Exh. A)(part), 2016; Ord. 7-2017 § 2 (Exh. A)(part), 2017; Ord. 12-2024 § 1 (Exh. 1), 2024)

§ 16B.02.083 Parties of Record.

"Parties of Record"

means:

(a)

Any person who appeared at the open or closed record public hearing or public meeting on the application and signed an official register; and

(b)

Any person who submitted written comments in response to the Notice of Application or environmental review (excluding persons who have only signed petitions or mechanically produced form letters); and

(c)

Any person who submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or mechanically produced form letters); and

(d)

Affected agencies and tribes; and

(e)

The applicant and owner of the property.

(Ord. 7-2017 § 2 (Exh. A)(part), 2017; Ord. 2-2022 § 3 (Exh. 1), 2022; Ord. 12-2024 § 1 (Exh. 1), 2024)

§ 16B.02.085 Policy Plan Map.

"Policy Plan Map"

means the official Future Land Use Map adopted in a comprehensive plan or sub-area plan. This definition includes any overlay maps adopted in a comprehensive plan or sub-area plan.

(Ord. 5-2012 § 2 (Exh. A) (part), 2012; Ord. 6-2014 § 2 (Exh. A)(part), 2016; Ord. 7-2017 § 2 (Exh. A)(part), 2017; Ord. 12-2024 § 1 (Exh. 1), 2024)

§ 16B.02.090 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 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 which do not require a comprehensive plan amendment, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection. See also RCW 36.70B.020(4).

§ 16B.02.093 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. See also RCW 36.70B.020(5).

(Ord. 5-2012 § 2 (Exh. A) (part), 2012; Ord. 6-2014 § 2 (Exh. A)(part), 2016; Ord. 7-2017 § 2 (Exh. A)(part), 2017; Ord. 12-2024 § 1 (Exh. 1), 2024)

§ 16B.02.095 Reviewing Official.

"Reviewing Official"

means Administrative Official, Building Official, Hearing Examiner, or the Board of County Commissioners, when engaged in any review or decision-making procedure under the provisions of the Titles of Yakima County Code listed in Section 16B.01.020 of this Title.

(Ord. 5-2012 § 2 (Exh. A) (part), 2012; Ord. 6-2014 § 2 (Exh. A)(part), 2016; Ord. 7-2017 § 2 (Exh. A)(part), 2017; Ord. 12-2024 § 1 (Exh. 1), 2024)

§ 16B.02.100 SEPA.

"SEPA"

refers to the State Environmental Policy Act, Chapter 43.21C RCW, its implementing rules (Chapter 197-11 WAC), and the County's SEPA procedures (Yakima County SEPA Ordinance, Chapter 16.04).