AN ORDINANCE OF THE CITY OF PUYALLUP AMENDING THE CITY OF PUYALLUP SHORELINES MANAGEMENT MASTER PROGRAM TO IMPLEMENT ESHB 1724 THE "REGULATORY REFORM ACT"
WHEREAS, the Washington State Legislature adopted ESHB 1724, Chapter 347, Laws of 1995, which directs local governments to modify their land development permit procedures to provide certainty for development decisions, ensure that permits are reviewed and issued in a timely manner, and provide opportunities for public comment regarding proposed developments; and
WHEREAS, the City Council has previously adopted a Shorelines Management Master Program, establishes discretionary permit approval and appeal procedures; and
WHEREAS, the Planning Commission has considered draft amendments in workshop sessions on January 10, January 24, and February 7, 1996; and
WHEREAS, the Planning Commission conducted a duly advertised public hearing on February 28, 1996 to consider the proposed amendments and voted to recommend the City Council adopt the proposed amendments to the Shorelines Management Master Program; and;
WHEREAS, this ordinance reflects the amendments recommended by the Planning Commission; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PUYALLUP AS FOLLOWS:
Section 1. The following sections of the City of Puyallup Shorelines Master Program are hereby amended as shown on Exhibit "A" attached:
Sections 5.01.c, 5.01.d, 5.01.e, 5.02.a, and 5.06.a.
Section 2. This ordinance shall become effective five days after publication in the official newspaper of the City of Puyallup.
Dated this 15th day of April, 1996.
________________________________
MICHAEL DEAL, Mayor
Attest:
_________________________________
BARBARA J. PRICE
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney
PUBLISHED: Friday, April 19, 1996
EXHIBIT "A"
(revisions shown in bold; deletions in strikeout)
Chapter 5.01 Administration
c. Planning Commission
(1) The City of Puyallup Planning Commission is hereby vested with:
(a) The authority to hear, review and deny, approve or approve with
conditions any shoreline substantial development or conditional use permit pursuant
to the provisions of Chapter 5.02.
(b) (a) The responsibility for reviewing this Program not less than
once every three years to assess the Program's effectiveness as a
major element of the City's planning and regulatory responsibilities.
d. Board of Adjustment
The City of Puyallup Board of Adjustment shall be responsible for hearing
and
taking final action on the following:
(1) Variances, pursuant to Chapter 5.03.
(2) Interpretation Reviews. Any effected person may challenge an inter
pretation and determination of the Administrator by filing an application
for an Interpretation Review in writing with the Administrator. The
application shall state the specific reasons wherein the Director's
interpretation or determination is in error.
d. Hearing Examiner.
The City of Puyallup Hearing Examiner shall be responsible for hearing and
taking final action on the following:
(1) Shoreline substantial development or conditional use permit
pursuant to the provisions of Chapter 5.02.
(2) Variances, pursuant to Chapter 5.03.
(3) Interpretation Reviews. Any effected person may challenge an inter
pretation and determination of the Administrator by filing an application
for an Interpretation Review in writing with the Administrator. The
application shall state the specific reasons wherein the Administrator's
interpretation or determination is in error.
e. City Council.
The Puyallup City Council shall be responsible for hearing and taking final action
on the following:
(1) Appeals from the Commission Hearing Examiner of
Substantial Development
Permits and Conditional Use Permits as provided by Section 5.06.
(2) Amendments to this Title, which shall be adopted by ordinance.
(3) Establishing permit filing fees.
Chapter 5.02 Procedures
a. Substantial Development Permit, Conditional Use, or Variance Application
(1) Any person wishing to undertake substantial development on shorelines in
the City of Puyallup or proposing any development which will require the
granting of a conditional use permit or variance, shall apply to the Admini
strator for a substantial development the appropriate permit
providing the
information listed in Table 10. The Administrator may require that additional
information be provided if reasonably related to this Master Program.
Within twentyeight (28) calendar days of receipt of an application, the
Administrator shall determine if the application is complete and follow the
procedures set forth in Chapter 20.11.006 of the Puyallup Municipal Code,
except that Notice of Application shall be provided pursuant to Section 5.02(d) of this Title.
Chapter 5.06 Appeal and Violation Provisions.
a. Appeals
(1) Substantial Development, Conditional Use or Variance Permit Appeals.
Any person aggrieved by the granting, denying, rescinding, or revision of
a shoreline permit by the City of Puyallup Hearing Examiner
may appeal per the
process described in this program and the applicable procedures in the City
Zoning Code (Title 20, Chapter 20.13 2.54).
Any person aggrieved by the granting, denying, rescinding, or revision of
a shoreline permit may seek review from the State Shorelines Hearing Board
by filing a written request petition for review with
the Hearings Board within
thirty (30) twentyone (21) calendar days of the
date of filing as per WAC
17314090 defined in RCW 90.58.140(6). The
requestor shall also file a copy
of such request with the Department of Ecology and the Attorney General.
All
procedures for appeals shall comply with RCW 90.58.180. Within
seven days
of filing of a petition for review with the board, the petitioner shall serve
copies of the petition to the Department of Ecology and the Attorney General.
(2) Administrative Appeals
Any person aggrieved by administrative interpretations or statements of exemption
by the Administrator may seek review from the Board Hearing
Examiner by
filing a written request within fifteen (15) days of the final action. The requestor
shall also file a copy with the Administrator.