HomeMy WebLinkAbout2951ORDINANCE NO. 2951
AN ORDINANCE of the City of Port Angeles,
Washington, revising the City's shoreline
management regulations in accordance with
revisions in the Department of Ecology shoreline
management permit and enforcement procedures and
amending Ordinance 2033 as amended and Chapter
15.08 of the Port Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY
ORDAIN as follows:
Section 1. Section 3 of Ordinance 2033 as amended and PAMC
15.08.030 are hereby amended to read as follows:
15.08.030 Washington Administrative Code- Shoreline Permit
and Shorelands /Wetlands Designation Guidelines Adopted. The City
adopts by reference the following sections or subsections of
Chapters 173 -44 27 and 173 -22 WAC as now or hereafter amended;
provided that, in the event of a conflict between the following
Washington Administrative Code provisions and the Revised Code of
Washington provisions adopted by reference in PAMC 15.08.020, the
latter shall prevail:
WAC 173 14 030 Definitions.
3ubstantialdcvclopmcnt undertaken prior
to the act.
OGO Timc requirement of permit
agcncic3.
064 Revisions to permits.
070 Noticc required.
090 Filing with department and attorncy
general.
100 Rcvicw criteria for substantial
development permits.
110 Application for substantial dcvclopmcnt,
conditional uoc, or variance permit.
115 Lcttcr of cxcmption.
120 Permits for substantial dcvclopmcnt,
conditional usc, or variance.
130 Department review of conditional uoc and
variance permits.
140 Rcvicw Critcria for conditional use
155 Minimum standards for conditional usc and
170 Requests for rcvicw.
174 Certification of requests for rcvicw.
WAC 173 -27 -010 - Authority.
-020 - Purpose.
- 030 - Definitions.
- 040 - Developments exempt from substantial
development permit requirement.
- 050 - Letter of exemption.
- 060 - Applicability of Chapter 90.58 RCW to
federal lands and agencies.
- 070 - Application of the permit system to
substantial development undertaken
prior to the effective date of the act.
- 080 - Non - conforming use and development
standards.
- 090 - Time requirements of permit.
- 100 - Revisions to permits.
- 110 - Notice required.
- 120 - Special procedures for limited utility
extensions and bulkheads.
- 130 - Filing with department.
- 140 - Review criteria for all development.
- 150 - Review criteria for substantial
development permits.
- 160 - Review criteria for conditional use
permits.
- 170 - Review criteria for variance permits.
- 180 - Application requirements for substantial
development, conditional use, or
variance permit.
-190 - Permits for substantial development,
conditional use, or variance.
-200 - Development review of conditional use
and variance permits.
- 210 - Minimum standards for conditional use
and variance permits.
- 220 - Request for review.
WAC 173 -22 -010 - Purpose.
-030 - Definitions.
- 035 - Wetland identification and delineation.
- 040 - Shoreland designation criteria.
- 050 - Conflicts between designations and
criteria.
- 052 - Alteration of shorelines affecting
designations.
- 060 - Shoreline designation maps.
- 061 - Clallam County.
- 070 - Lands within federal boundaries.
- 080 - Wetland delineation manual.
Section 2. Ordinance 2033 as amended and Chapter 15.08
PAMC are hereby amended by adding a new section 15.08.030 to read
as follows:
15.08.035 Washington Administrative Code - Shoreline
Enforcement Guidelines Adopted. The City adopts by reference the
following sections or subsections of Chapter 173 -27 WAC as now or
hereafter amended; provided that, in the event of a conflict
between the following Washington Administrative Code provisions and
the Revised Code of Washington provisions adopted by reference in
PAMC 15.08.020, the latter shall prevail:
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WAC 173 -27 -240 - Authority and Purpose.
- 250 - Definitions.
- 260 - Policy.
-270 - Order to cease and desist.
- 280 - Civil penalty.
- 290 - Appeal of civil penalty.
Section 3. Ordinance 2033 as amended and Chapter 15.08
PAMC are hereby amended by amending PAMC 15.08.070 to read as
follows:
15.08.070 Shoreline Advisory Committee /Planning Commission.
A. The Council appoints the Planning Commission as the
Shorelines Advisory Committee, which shall consider applications
and make M ..ndat: ono decisions regarding permits, based on the
policies contained under Chapter 90.58 RCW, the provisions of
Chapters 173 14 173 -27 and 173 -22 WAC and the City of Port Angeles
Shoreline Master Program, as adopted and amended by the City.
The Advioory CommittccPlanning Commission shall
periodically review the Master Program and make recommendations to
the City Council regarding such adjustments as are necessary.
B. Thc Advioory Committcc shall consi3t of thc 3cvcn
mcmbcr3 of thc Planning Commission.
C. Four members of thc Committcc shall con3titutc a
quorum to conduct lsasincao and make recommendations-. A majority of
those present shall be required to- make a recommendation. Thc
Committcc shall be govcrncd by thc bylaws of thc Planning
DB. The Advi3ory CommittccPlanning Commission shall review
an application for a permit based on the following:
1. The application;
2. The environmental impact statement, if one has
been prepared;
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 pursuant to provisions of this Chapter.
The Advi3ory CommittccPlanning Commission may require
that an applicant furnish information in addition to the
information required in the application forms prescribed.
EC. The Advisory CommittccPlanning Commission shall
transmit it3 rccommendatioRe iR wwitixg to t :c l make its
decision within a reasonable time after the public hearing.
Section 4. Ordinance 2033 as amended and Chapter 15.08
PAMC are hereby amended by amending PAMC 15.08.080 to read as
follows:
15.08.080 Staff Assistance.
A. The Planning Department shall prepare an agenda of
matters to be considered by the Committee. A copy of the agenda
shall be mailed to persons who have expressed 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 days prior to the date of the public hearing.
B. 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 Committee in carrying out its responsibilities.
C. The Planning Department is authorized to respond to
letters of exemption, in accordance with WAC 173 14 115, 173 -27 -050
and other requests for information pertaining to the Shoreline
Master Program.
D. The Planning 4Department is authorized to revise
permits in accordance with WAC 173 14 064, 173 -27 -100.
Section 5. Ordinance 2033 as amended and Chapter 15.08
PAMC are hereby amended by amending PAMC 15.08.100 to read as
follows:
15.08.100 Council "Appeal.
A. Upon rcccipt of thc recommendation from thc Advisory
Committcc, if the GoiRacil is ix agreement with thc findings and
conclusions of thc Advisory Go ttoc, it shall prcparc a final
ordcr based on saiel f iadiRgs a— eoRcltsions . If thc Council is in
and ordcr based upon thc following:
1. Thc application;
2. Thc environmental impact statement, if one has bccn
prcparcd;
1.
G.
by interested persons;
Testimony from thc public hearing, if one was held.
if applicable;
Independent study of thc Advisory Committcc and of thc
Planning Dcpartmcnt.
3ions shall
which thc decision is consistent with thc criteria sct forth in
this Chaptcr.
B. The decision of thc Council Shall be thc final
decision of thc City on all applications, and thc Council shall
rcndcr a written decision including findings, conclusions, and a
final ordcr, and shall transmit cop-ics of its decision to thc
to this Chapter.
A. Any person aggrieved by the decision of the Planning
Commission or Planning Director may appeal the decision to the City
Council.
B. Appeals shall be submitted to the Planning Department
in writing within 14 days following the date of the decision.
C. The City Council shall conduct a closed record hearing
on the appeal of the Planning Commission's decision and an open
record public hearing on the appeal of the Planning Director's
decision with notice being given as set forth in WAC 173 -27 -110.
The Council's decision shall be final unless review is requested
pursuant to the procedures established in RCW 90.58.180 and Chapter
461 -08 WAC.
Section 6 - Severability. If any provisions of this
Ordinance, or its applications to any person or circumstances, is
held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is
not affected.
Section 7 - Effective Date. This Ordinance shall take
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effect five days after the date of publication.
PASSED by the City Council of the City of Port Angeles at
a regular meeting of said Council held on the 4th day of March,
1997.
ATTEST:
k6 I
Becky JUfi n, City Clerk
APPROVED AS TO FORM:
Craig D. Knutson, City Attorney
PUBLISHED: March 9, 1997
9623 (By Summary)
M A Y O R
Summaries of Ordinances Adopted by the
Port Angeles City Council
on March 4, 1997
Ordinance No. 2951
This Ordinance of the City of Port Angeles revises the City's shoreline management
regulations in accordance with revisions in the Department of Ecology shoreline
management permit and enforcement procedures and amends Ordinance 2033, as
amended, and Chapter 15.08 of the Port Angeles Municipal Code.
Ordinance No. 2952
This Ordinance of the City of Port Angeles establishes a pay plan for the employees
represented by IAFF Local #656 for the period of January 1, 1997 through December
31, 1998, and provides for the payment thereof.
Ordinance No. 2953
This Ordinance of the City of Port Angeles provides for expediting development
permit processing in certain limited circumstances, designating this ordinance as a
public emergency ordinance to be effective upon adoption, and amends Ordinance
2911, as amended, and Chapter 18.02 of the Port Angeles Municipal Code.
The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be
mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m.
Unless otherwise stated, these Ordinances shall take effect five days after the date of publication
of these summaries.
Publish: March 9, 1997
Becky J. Upton
City Clerk
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