The URL can be used to link to this page

Home My WebLink About2699 Clarifying Land Use Permitting and Processes for Specific Rezones and Legislative Actions - Establishing Type I-A Appealable Administrative Permit Category - Establishing a Process for Wireless Service Facility PermitsOrdinance No. 2699 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PORT TOWNSEND MUNICIPAL CODE SECTION 20.01.040, PROJECT PERMIT APPLICATION FRAMEWORK, CHAPTER 20.01, LAND DEVELOPMENT ADMINISTRATIVE PROCEDURES, TO ESTABLISH A "TYPE I-A' APPEALABLE ADMINISTRATIVE PERMIT CATEGORY; CLARIFYING APPEAL AND HEARINGS PROCEDURE FOR LEGISLATIVE ACTIONS; CLARIFYING THE PUBLIC HEARING PROCESS FOR SITE- SPECIFIC REZONES; AND ESTABLISHING THE PUBLIC HEARING AND DECISIONMAKING PROCESS FOR PERSONAL WIRELESS SERVICE FACILITY PERMITS IN ACCORDANCE WITH CHAPTER 17.78 PTMC WHEREAS, in response to direction from the Washington State Legislature, .in 1996, Port Townsend enacted a comprehensive ordinance codified at Chapter 20.01 PTMC, to consolidate, reform and make consistent, its land use and development permitting processes; and WI-IEREAS, there is a need to clarify certain permit processes, enhance public participation and appeal fights, and implement new and changing permitting processes, including those processes established through Chapter 17.78 FrMC (the 'Personal Wireless Facilities' ordinance); and WHE~S, this ordinance is intended to further clarify Port Townsend's land use permitting processes and to enhance procedural due process protections afforded to affected parties; and NOW, TItEREFORE, the City Council of the City of Port Townsend does ordain as follows: SECTION 1. Chapter 20.01, Land development administrative procedures, Section 20.01.040, Project permit application framework, of the Port Townsend Municipal Code is hereby amended to read as follows: [Table follows] 20.01.040 Project permit application framework. Table 1 - Permits/Decisions Type I~ Tvoe I-A Type H Type IH Type IV Type V Permitted uses Binding site ~lans Short Preliminary full Final plats Port Townsend not requiring subdivisions subdivisions; plat comprehensive notice of vacations and alterations plan amendments application (e.g., (other than site- building permits, soecific rezone etc,) requests) Bindiiig si~ C-II and mixe~l use Lot line Recognition/subdivision Final planned Development plans zoning district adjustments of 10 or more lots of unit regulations desien review resulting in lot record developments Lot line decisions reorientafion (PUDs) adjustments Minor Historic Revisions to Major CUPs Zoning text amendments to oreservation shoreline amendments and planned unit certificates of management zoning map developments approval (dcsien permits amendments (PUDs) review) Minor Multiple family Environmentally Shoreline management Annexations modifications to develooment sensitive area permits approved permits (ESA) permits preliminary short and full subdivisiOns/ plats Sign permits Recognition/ Minor variances PUDs and major Shoreline master certification of 9'or amendments to PUDs program (SMP) fewer lots of record amendments Temporary uses Minor Major variances Other land use conditional use and utility plans permits (CUPs) , and amendments R~'ee~fi~raa~ ~ Site-specific rezones vt, u.~auuu ut . consistent with the Port ~ ~ Townsend record ' ' comprehensive plan. Street use permits aplalit:ttliola~ conjunction with the F,,halllgLLT.~ annual comprehensive PTMC. nlan amendment nroeess Land All nersonal wireless clearing/grading service facility nermitq and major variances described as Tyne III hermit aonlieafiom in Chanter 17.78 PTMC Home oeeupaaons~ Shoreline exemptions Street development Permits ~ Assignment of a project to Type I and I-A status shall not limit or restrict the public notice and procedures available pursuant to RCW 43.21C (SEPA) and Chapter 19.04 PTMC if a project is deemed to be subject to SEPA review. 2 Ord. 2699 Table 2 - Action Type Procedure Project Permit Al~plications (Type I - IV) Legislative Type I ~ Type II Type III1 Type Type V IV Planning Planning Recommendation commission (except commission, made by: N/A N/A N/A ~ N/A except for utility examiner decisions-- plar~ Final decision City council (exeeot, made by: Admin. ~ BCD director ~ City City council examiner decisions-- council see Foomote B Notice of application: No No Yes Yes No N/A ~ O~Jy if Yes, before Yes, before ~ director's planning planning ~ decision is commission, to commission to ap~tligalIL~ appealed, open make make Open record No onen record oublie record public recommendation to No recommendation to public hearing: ~ hearing before city council (except city council, except ~ hearing ~ for utility plans~ examiner examiner decisions-- see Footnote 1] Closed record Yes, before city Yes, or council council Cexceot for could hold its own appeal/final No No No h~l~g_fa~lil~x N/A hearing decision: flgg, L~;~l.~=.~- have been Judicial appeal: Yes Yes Yes Yes Yes ~ I etc. 3 Ord. 2699 Footnote 1: In T_vpe III permit applications assigned to the heating examiner (see Table 1) and in situations where the city council assigns specific matters to the hearing examiner by resolution adopted in accordance with PTMC 20.01.045, the examiner shall be the final decisionmaker, without recommendation from the planning comrrfission, and without a dosed record heating or appeal to the city council. In such situations, the hearing before the examiner shall be an open record public hearing, conducted in accordance with PTMC 20.01.235, subject to judicial appeal. Footnote 2: Type V Land Use plans are subject to review and recommendation by the planning commission. However, the following utility plans -'--" ,,,,[ ~,,~, .... may be reviewed or considered by the planning commission only upon referral by the city council to the planning commission of all or part of the plans: wastewater (sewer) plans; stormwater plans; water system plans; and solid waste plans. The city council's --':'"--uuss[y ~,~iiiiii~[[~ shall conduct review and hold one or more open record public hearing( ) pi ' '- J-''~- ..... '--- ~--~' .... '-- "-" -'~ .......... :' s on all such ans prior ~, ,,~,,~,~,,,,,,,,, ~,~,,~ ~,,~ ,,,,, ,,,~y ,,,,,,,,,~,,. At the time of consideration by the full city council, the ntitity public works committee shall may make a recommendation to the city council regarding utility plans. Footnote 3: The planning commission shall not hold public hearings regarding the utility plans described herein, unless the city council refers all or part of the plans to the planning commission. The city council's ~ifilk3- conin~kzee shall hold one or more open record public heating(s) on all such plans prior ...... Snmmary of Decisionmaking Type I - Administrative without notice; no administrative ap?,.al. T.ype I-A - Administrative without notice; administrative ap.~al by the applicant only; appealable to the hearing examiner. Type II - Administrative with notice, appealable by any aggrieved party to the heating examiner. Type IlI- Planning Commission Review. Notice and open record public hearing before planning commission, with recommendation to city council. Final decision by city council, after closed public hearing (including appeals). Type III - Hearing Examiner Review. For applications referred to the hearing examiner, including applications reviewed in accordance with PTMC 20.01.045, notice and open record public heating before the hearing examiner. Heating examiner serves as the final decisionmaker. Type IV - Closed record hearing and decision by city council during regular council meeting. 4 Ord. 2699 Type V - Except for utility plans as descri~ in this section, notice and public hearing before planning commission, with planning commission recommendation to city council. City council also provides notice and public hearing before making final legislative decision. (See Article IV, PTMC 20.01.200 through 20.01.280 for detailed description of project review and approval process.) (Ord. 2699 § 1, 1999; Ord. 2651 § 3, 1998; Ord. 2634 § 1, 1998; Ord. 2592, § 6, 1997; Ord. 2521 § 1, 1996). SECTION 2. Severabillty. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Adopted by the City Council of~e City of Port Townsend, Washington, at a regular meeting thereof, held this -7 day of [~t~._ , 1999. Forrest Rambo, Mayor Attest: Pam Kolacy, City'Clerk 0s/24/9~ caiOrd\{2OOlO40.doc} Ord. 2699 'lqimo~y~~cM~han, City Attorney 5 Ord. 2699