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HomeMy WebLinkAbout3424• • ORDINANCE NO. 3 4 2.4 AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter 15.08 of the Port Angeles Municipal Code regarding Shoreline Conditional Use Permits. WHEREAS, the City is responsible for issuing permits under the City's Shoreline Master Program, except state law requires the State Department of Ecology to review and make the final decision on shoreline conditional use permits; and WHEREAS, state law allows an appeal of shoreline conditional use permit decisions to the Shoreline Hearings Board, which conducts a de novo hearing and makes an independent decision on shoreline permitting issues; and WHEREAS, because the Department of Ecology independently reviews shoreline conditional use permits and makes the final decision, and because there is a full de novo hearing before the Shoreline Hearings Board, an appeal to the City Council of a Planning Commission recommendation to DOE on a shoreline CUP creates delay and serves no useful purpose in resolving legal uncertainties; and WHEREAS, eliminating City Council review of shoreline conditional use permit decisions will further the public policy of the State of Washington to promptly and expeditiously review and resolve land use applications and decisions so that legal uncertainties can be promptly resolved and land development not be unnecessarily delayed by litigation - or appeal - based delay; and • • NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO ORDAIN AS FOLLOWS: 2451 Section 1. Ordinance 214E1, 2869 and 2033, as amended, and Chapter 15.08 of the Port Angeles Municipal Code relating to Shoreline Management are hereby amended by adding paragraph D to Section 15.08.070, as follows: 15.08.70 Shoreline Advisory Committee /Planning Commission. D. As to shoreline conditional use permit applications, the decision of the Advisory Committee shall be the final decision of the City. The decision shall be subject to further review as provided by state law. Section 2. Ordinances 2951 and 2033 as amended, and Section 15.08.100 of the Port Angeles Municipal Code relating to Shoreline Management are hereby amended by amending Section 15.08.100, as follows: 15.08.100 Council Appeal. A. Any person aggrieved by the a decision of the Planning Commission or Director of Community and Economic Development made under this Chapter, except shoreline conditional use permit decisions. 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 close record hearing on the appeal of the Planning Commission's decision and an open recoM public hearing on the appeal of the Director of Community and Economic Development'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. (Ord. 2951 §5, 3/14/1997; Ord. 2033 §10, 7/1711979.) Section 3 - From and after the effective date of this Ordinance, the City Council shall not hear any appeal of or otherwise review a shoreline permit, decision or issue. • • Section 4 - This Ordinance is intended to apply to any shoreline conditional use permit appeal that has been filed, but has not been heard by the City Council, as of the effective date of this Ordinance. If, as of the effective date of this Ordinance, an appeal to the City Council of any shoreline conditional use permit decision has been filed, but not heard, the appeal shall be declined, any filing fee refunded, and the permit shall be subject to further review pursuant to state law. As to any appeal to the City Council on file as of the effective date of this Ordinance, for the purposes of determining the next procedures under state law, the date of "final decision" by the City shall be the effective date of this Ordinance. Section 5 - Corrections. The City Clerk and the codifiers of this Ordinance are authorized to make necessary corrections to this Ordinance including, but not limited to, the correction of scrivener's /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 6 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are 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, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 1 s t day of M. rch, 2011. Dan Di Guilio, Mayor - 3 - • • APPROVED AS TO FORM: ,(:‘e_ / William E. Bloor, City Attorney PUBLISHED: March 6 t h, 2011 g \legal \a ordinances &resolutions \ordinances 2011 \shoreline ordinance v3 2 24 11 docx -4 • Summary of Ordinance Adopted by the Port Angeles City Council On March 1, 2011 Ordinance No. 3423 This Ordinance of the City of Port Angeles, Washington amends Chapter 2.40 of the Port Angeles Municipal Code relating to the Port Angeles Forward Committee. Ordinance No. 3424 This Ordinance of the City of Port Angeles, Washington revises Chapter 15.08 of the Port Angeles Municipal Code regarding Shoreline Conditional Use Permits. The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's website at www.cityofpa.us, or will be mailed upon request. Office hours are Monday through Thursday, 8:30 a.m. to 4:00 p.m., and Friday 8:30 a.m. to 12:30 p.m. These Ordinances shall take effect five days following the date of publication by summary. Publish: March 6, 2011 • Janessa Hurd City Clerk