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Home My WebLink About3536 E` i I ( i ORDINANCE NO. l AN ORDINANCE of the City of Port Angeles, Washington, establishing Chapter 2.18 of the Port Angeles Municipal Code for i Hearing Examiner. i � I l THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN I € i AS FOLLOWS: i � I ; I 1 Section 1. There is hereby established a new chapter in the Municipal Code, I � Chapter 2.18, for Hearing Examiner, as follows: HEARING EXAMINER Sections: I I ( 2.18.010 System Established 2.18.020 Appointment 2.18.030 Pro Tempore Appointment 2.18.040 Limitations on Appointment 2.18.050 Freedom from Improper Influence 2.18.060 Functions, Issues and Jurisdiction of the Hearing Examiner 2.18.065 Functions, Issues and Jurisdiction of the Director 2.18.070 Rules of Procedure 2.18.080 Repeal I � r f 2.18.010 System Established. As authorized by RCW 35A.63.170, the City hereby establishes a hearing examiner system. This system vests in the Hearing Examiner the power and authority to hear and decide those issues assigned to the Hearing Examiner in this chapter. This system additionally vests in the Director of the City's Department of Community and Economic Development ("the Director") the power and authority to hear and decide j ! administratively those issues assigned to the Director in this chapter. 2.18.020 A ppointment. � 1) Subject to City Council confirmation, the City Manager shall appoint the Hearing Examiner with regard only for qualifications for the duties of the office. 2) The Hearing Examiner shall be an attorney in good standing, licensed to I practice law in the State of Washington or a Certified Professional Planner. Qualifications for � j P g Q the office of the Hearing Examiner are expertise in land use law and planning, and the training and experience necessary to conduct administrative or quasi-judicial hearings and issue ' � I i li li i f ( fi f Ii decisions and recommendations on land use planning and regulatory matters. i I , 3) The Hearing Examiner shall be retained as an independent contractor � pursuant to a contract approved by the City Council. The term of appointment, compensation and other requirements shall be as established pursuant to contract. t 4) Unless the context requires otherwise, the term "Hearing Examiner" used in this chapter shall include Hearing Examiners pro tempore. ! c I 2.18.030 Pro Tempore Appointment. The City Manager shall appoint a Hearing j Examiner pro tempore to serve whenever the Hearing Examiner informs the City Manager that he or she cannot serve. I � ' 2.18.040 Limitations on Appointment. The Hearing Examiner may hold no other jposition in the city government of Port Angeles or be an employee of, or contractor for, any person under contract to the City of Port Angeles. The examiner shall not be an elected or appointed official who exercises his or her official authority within Port Angeles City limits or E the City's UGAs. 2.18.050 Freedom from Improper Influence. No person shall interfere with the } Hearing Examiner in the performance of his or her designated duties. No person shall attempt to influence or in any way interfere with the examiner in the performance of his or her 1 designated duties.The Hearing Examiner shall comply strictly with the rules of Chapters 42.23 and 42.36 RCW. The Hearing Examiner shall disqualify himself or herself if there exists any condition or situation that would result in an unfair hearing, or an appearance of unfairness. ? l 2.18.060 Functions, Issues and Jurisdiction of the Hearing Examiner. The Hearing Examiner is hereby authorized and directed to hear and decide the following matters: 1. Admin Permits f a. General Conditional Use Permit(CUP) j b. Unclassified Use 2. Land Use a. Preliminary Subdivision i b. Preliminary Binding Site Improvement Plan 3. Shorelines a. Substantial Development—All applications except those deemed 1 administrative actions pursuant to section 2.18.065 (3) b. Conditional Use ' c. Variance j 4. Variances a. Standard variance b. Appeal Bldg. Official Determination C5. Preliminary Overlays I a. Planned Residential Development Overlay Zone (PRD) ! , -2- ( i � I I l i b. Planned Low Impact Development Overlay Zone (PLID) i c. Mixed Commercial Overlay(MCO) d. Industrial Park(IP) 1 e. Infill Overlay Zone (IOZ) I f. Planned Industrial Development Overlay Zone (PID) I � J As to all of the foregoing issues and matters,the decision of the Hearing Examiner shall be the final decision of the City. The decision of the Hearing Examiner in these cases may be ! appealed to Superior Court. Appeals must be filed within 15 days of the Notice of Decision. I � 1 2.18.065 Functions Issues and Jurisdiction of the Director. The Director is hereby i authorized and directed to hear and decide the following matters: l 1. Admin permits ! a. Home Occupation b. Accessory Residential Unit ARU c. Residential Bed and Breakfast d. Retail Stand ( � e. Temporary Use f. Extension of approved conditional use permits,provided that the following minimum criteria are met: i. The use complies with the permit conditions; and I ii. There have been no significant, adverse changes in circumstances. 2. Land Use a. Boundary Line Adjustment(BLA) i = 1 I b. Short Plat c. Final Subdivision d. Final Binding Site Improvement Plan 3. Shorelines a. Substantial Development Applications—(1)applications for permitted uses i + and (2) applications that receive a SEPA threshold determination of non- k significance. ! i 4. State Environmental Policy Act (SEPA) 5. Wetland/ESA Permits 6. Variances a. Minor deviation b. Parking Variance 7. Final Overlays a. Final approval of all Overlay Zones b. No public hearing shall be required for final approval of any overlay zone. E � As to all of the foregoing issues and matters, the decision of the Director shall be an administrative decision. Such decision may be appealed to the Hearing Examiner, provided j 1j = that the appeal must be filed within 15 days after the Director issues the decision,provided that � I if a longer appeal period is established by State law, the longer period shall control. If an j I appeal is not filed within the applicable period, the decision of the Directors is the final s decision of the City. If a matter is appealed, the decision of the Hearing Examiner is the final decision of the City. In those cases the decision of the Hearing Examiner may be appealed to -3- I i � 1 i (I � II � Superior Count. The appeal to Superior Court must be filed within 15 days of the date the I Hearing Examiner's decision is issued. 2.18.070 Rules of Procedure. The Hearing Examiner shall be authorized to adopt rules of procedure. Such rules shall be subject to confirmation or amendment by the City f Council by resolution. I ' 1 2.18.080. Repeal. All provisions in Titles 15, 16, 17, and 18 of the Port Angeles ' I Municipal Code that conflict with the procedures for hearing and deciding the matters as I s specified in sections 2.18.060 and 2.18.065 above are repealed and superseded by the (� provision of this Chapter. i Section 2 - 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 i correction of the scrivener's/clerical errors, references, ordinance numbering, ` I section/subsection numbers and any references thereto. i i ! Section 3 - Severability. If any provisions of this Ordinance, or its application to any I I person or circumstances, are held invalid,the remainder of the Ordinance,or application of the j provisions of the Ordinance to other persons or circumstances, is not affected. Section 4 - Effective Date. This Ordinance,being an exercise of a power specifically i delegated to the City legislative body, is not subject to referendum. This ordinance shall take j ( effect five days after its publication by summary,or confirmation of appointment of a Hearings f Examiner, whichever is later. 1 PASSED by the City Council of the City of Port Angeles at a regular meeting of said I Council held on the 19th day of May, 2015. I ' .. r / / Dan Di Guilio, Mayor ATTEST: APP -OVED AS TO F/qRM: J nnifer Veneklasen, City Clerk William E. Bloor, City Attorney PUBLISHED: 2015 I I By Summary j -4- I � ii Summary of Ordinance Adopted by the Port Angeles City Council On May 19, 2015 Ordinance No. 3536 THIS ORDINANCE of the City of Port Angeles, Washington, establishing Chapter 2.18 of the Port Angeles Municipal Code for Hearing Examiner. This ordinance is not subject to referendum and shall be effective 5 (five) days after publication of summary, or confirmation of appointment of a Hearings Examiner, whichever is later. 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 Friday 8:00 a.m. to 5:00 p.m. Jermifer Veneklasen City Clerk Published: May 24, 2015 i