Loading...
HomeMy WebLinkAbout2033, 3,7, ORDINANCE NO. 4I4 AN ORDINANCE of the City of Port Angeles establishing new procedures for Shoreline Management permits and a fee for said permits. WHEREAS, the City Council finds it to be in the best in- terests of the citizens of the City of Port Angeles to establish new procedures for the processing of shoreline applications under the Shoreline Management Act of 1971, indicated by the Clallam County Master Program; and WHEREAS, the City Council finds it necessary to establish a fee to cover a portion of the cost of processing said permits, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES do hereby ordain as follows: Section 1. Shoreline Management Act adopted. The City adopts by reference and affirms the provisions of RCW 90.58.020 which established the State policy with regard to use of the shore- lines. Section 2. The City adopts by reference the following sections or sub- sections of Chapter 90.58 RCW: RCW 90.58.030 - Definitions and concepts. 5 v1 O k 0 4 -1 4- 0.P0 0 U Euw g o • r 0 g b4 0 4-1 0 0 0 • ri E -0 N -o as4b ;a, as (1.) •■-t 0 -0 cd00 -cd ( 00 C+- 0 . •r1 O A •N ,.00 0'd aU cd w m�cd 0 o b - -0 'd e4.4 0 CJ] g U >; +-) 0 0 •ri 0 4a C w + cd 0 al y o u + 0 c d cd 7. b04- U 0,O �,--I g• _iO .H 4.) rd I•r +- M g U cd b4-) 0 0 a 0 0 V) •H bD d ,rl •r +•+ cd >;0o4J000 •g u0•■-!00 4-4 4-) eve .040 - Program applicable to shorelines of the state. .050 - Program as cooperative between local government and state - Responsibilities differentiated. .100(1) - Program as constituting use regulations. .140 - Development permits - Grounds for granting - Ad- ministration by local government, conditions - Applications - Notices - Rescission - When permits not required - Approval when permit for variance or conditional use. .150 - Selective commercial timber cutting, when. .160 - Prohibition against surface drilling for oil or gas, where. .180 - Appeals from granting, denying or rescinding per - mits, procedure - Board to act, when - Local govern ment appeals to board - Grounds for declaring mas- ter program invalid - Appeals to court, procedure. .190 - Review and adjustments to master programs. .210 - Court actions to insure against conflicting uses and to enforce. .230 - Violators liable for damages resulting from viola- tion.- Attorney's fees and costs. .240 - Additional authority granted department and local governments. RCW 90.58.270 - Nonapplication to certain structures, docks, de- velopments, etc., placed in navigable waters - Nonapplication to certain rights of action, authority. .320 - Height limitation respecting permits. Section 3. Shoreline Guidelines adopted. The City adopt by reference the following sections or sub - sections of Chapter 173 -14 of the Washington Administrative Code. WAC 173 -14 -030 - Definitions - 050 - Application of the permit system to substantial development undertaken prior to the act. - 060 - Time requirements of permit. - 062 - Applicability of permit system to federal agencies - 070 - Notice required. - 090 - Filing with department and attorney general. - 100 - Review criteria for substantial development per- mits. - 110 - Application for substantial development, condi- tional use, or variance permit. - 115 - Letter of exemption. - 120 - Permits for substantial development conditional use, or variance. - 130 - Department review of conditional use and variance permits. - 140 - Review criteria for conditional use permits. - 150 - Review criteria for variance permits. -170 - Requests for review. - 174 - Certification of requests for review. - 180 - Regulatory orders by local government or the de- partment. - 190 - Hearings on regulatory orders. Section 4. Master Program adopted. Pursuant to WAC 173 -19 -130, the Clallam County Shoreline Master Program, approved August 5, 1976, as amended by Clallam County Resolution No. 157, October 21, 1976; Resolution No. 101, April 4, 1978; and Resolution No. 336, December 4, 1978, has been adopted for the City of Port Angeles and is ratified and re- adopted as the Shoreline Master Program for the City of Port Angeles. Section 5. Definitions. In addition to those defini- tions contained within RCW 90.58.030 and WAC 173 -14 -030, the fol- lowing terms shall have the following meanings, unless the context indicates otherwise: -2- (a) Advisory Committee - the Port Angeles City Planning Commission (b) Council - the City Council of the City of Port Angeles. (c) Local Government - the City of Port Angeles. (d) Master Program - the Comprehensive Shoreline Use Plan for Clallam County and the use regulations, together with maps, charts, diagrams or other descriptive material and text; a statement of desired goals and standards developed in accordance with the policies enunciated in RCW 90.58.020 as adopted and amended by the City of Port Angeles. (e) The Planning Department - the Planning Department of the City of Port Angeles. (f) Public Works Department - the Public Works Department of the City of Port Angeles. (g) Shorelines - all the water areas within the City of Port Angeles. (h) Shorelines of State -wide Significance - those shorelines des- cribed in RCW 90.58.020(2)(e) which are within the City of Port Angeles. (i) Shorelines of the City - the total of all shorelines and shore lines of state -wide significance within the City of Port Angeles. Section 6. Permit Applications. (a) Application for all permits required under this Chapter shall be made with the Planning Department by the property owner, lessee, contract purchaser or other person entitled to pos- session of the property, or by an authorized agent. (b) A filing fee of $75 shall be paid to the Planning Department at the time an application is filed. Section 7. Shoreline Advisory Committee. (a) The Council hereby appoints the Planning Commission as the Shorelines Advisory Committee, which shall consider applica- tions and make recommendations regarding permits, based on the policies contained under Chapter 90.58 RCW, the provisions of Chapter 173 -14 WAC and the Clallam County Master Program, as adopted and amended by the City of Port Angeles. The Advisory Committee shall periodically review the Master Program and make recommendations to the City Council regard- ing such adjustments as are necessary. (b) The Advisory Committee shall consist of the seven (7) members of the Planning Commission. (c) Four (4) members of the Committee shall constitute a quorum to conduct business and make recommendations. A majority of those present shall be required to make a recommendation. The Committee shall be governed by the By -Laws of the Planning Commission. -3- (d) The Advisory Committee shall review an application for a per- mit based on the following: (1) the application; (2) the environmental impact statement, if one has been pre- pared; (3) written comments from interested persons; (4) information and comments from other City departments, if applicable; (5) independent study of the Advisory Committee and of the Planning Department; and (6) evidence presented at the public hearing, if any, held pur suant to provisions of this Chapter. The Advisory Committee may require that an applicant furnish information in addition to the information required in the ap- plication forms prescribed. (e) The Advisory Committee shall transmit its recommendations in writing to the Council within a reasonable time after the pub- lic hearing. Section 8. Staff Assistance. The Planning Department shall prepare an agenda of matters to be considered by the Commit- tee. A copy of the agenda shall be mailed to persons who have ex- pressed an interest in presenting their views on an application. The agenda shall state the time and place where the Committee will conduct its public meeting and the notice to interested parties shall be sent not less than six (6) days prior to the date of the public hearing. The Planning Department shall provide staff assistance, printing and publication expenditures, and any other assistance as may be hereafter designated by the Council to assist the Advisory Commit- tee in carrying out its responsibilities. Section 9. Public Hearing. (a) Public hearings on all permit applications under this Chapter shall be conducted by the Advisory Committee. (b) If, for any reason, testimony on any matter set for public hearing, or being heard, cannot be completed on the date set for such hearing, the Advisory Committee may, before adjourn- ment or recess of such matters under consideration, publicly announce the time and place of the continued hearing and no further notice is required. (c) The. Advisory Committee shall have the power to prescribe rules and regulations for the conduct of hearings before it. Section 10. Council Action. (a) Upon receipt of the recommendation from the Advisory Committee if the Council is in agreement with the findings and conclu- sions of the Advisory Committee, it shall prepare a final orde -4- based on said findings and conclusions. If the Council is in disagreement with any or all of the findings and conclusions of the Advisory Committee, it shall enter its own findings and conclusions and order based upon the following: (1) the application; (2) the environmental impact statement, if one has been pre- pared; (3) written comments submitted to the Advisory Committee by interested persons; (4) testimony from the public hearing, if one was held; (5) information and comment from other City departments, if applicable; (6) independent study of the Advisory Committee and of the Planning Department. Said findings and conclusions shall set forth the manner in which the decision is consistent with the criteria set forth herein. (b) The decision of the Council shall be the final decision of the City on all applications and the Council shall render a writte decision including findings, conclusions, and a final order, and shall transmit copies of its decision to the persons who are required to receive copies of the decision pursuant to this Chapter. Section 11. Rescission of Permits. (a) Any permit granted pursuant to this Chapter may be rescinded or modified upon a finding by the Council that the permittee has not complied with the conditions of his permit. (b) The Council may initiate rescission and modification proceed- ings by serving written notice of noncompliance on the per - mittee. (c) Before a permit can be rescinded or modified, a public hearing shall be held by the Council no sooner than ten (10) days fol- lowing the service of notice on the permittee. The Council shall have the power to prescribe rules and regulations for the conduct of such hearings. (d) This section shall not affect or abate any legal action taken by the City against a permittee for noncompliance with permit conditions. Section 12. Inspection. The Planning Director or his designee or building inspectors may inspect properties as necessary to determine whether permittees have complied with conditions of their respective permits. Whenever there is reasonable cause to believe that development has occurred upon any premises in violatio of the conditions of an issued permit and /or the Shoreline Manage- ment Act of 1971 and /or this Chapter, the Planning Director or his designee may enter upon such premises at all reasonable times to inspect the same. Such City employees shall present proper creden- tials before demanding entry. If such premises are unoccupied, a reasonable effort shall be made to locate the owner or tenant and demand entry. -5- Section 13. General Penalty. Any person violating any of the provisions of this Chapter is guilty of a misdemeanor. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which violation of this Chapter is committed, continued or permitted by such person. Section 14. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitution- ality of the remaining portions of this Chapter; it being hereby expressly declared that this Chapter and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact that any one (1) or more other sections, subsections, paragraphs, sentences, clauses or phrases be declared invalid or unconstitutional. PASSED by the City Council of the City of Port Angeles at a gular meeting of the Council held on the 34 day of , 1979. JaFrr-rd-Ix ATTEST: y — Marian'C. Parrish, City Clerk APPROVED AS TO FORM: LL Craig Miller, City Attorney P • LISHED: