Loading...
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: - 2 - 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 - 5 - 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 1