HomeMy WebLinkAbout4496A Ordinance - Amending PMC Related to Hearing Examiner - CA 2020-007 - Scrivener's ErrorsSCRIVENER'S ERRORS
Updated PMC Sections 29.35.010(2)(c) & 29.35.010(4)(c) — see updates in yellow highlight
ORDINANCE NO. 4496A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, RELATING TO USE OF A HEARING EXAMINER AND
ZONING AMENDING PMC SECTIONS 9.130.060 "ADDITIONAL
EXCEPTIONS — APPLICATION"; 21.10.020 "TERMS DEFINED"; 23.10.060
"ADDITIONAL TIMING CONSIDERATIONS"; 25.145.060 "SETBACK
REQUIREMENT"; 25.165.060 "CARETAKER'S RESIDENCE"; 25.165.120
"HAZARDOUS WASTE"; 25.210.020 "INITIATION OF AMENDMENTS";
25.210.030 "REQUIREMENTS FOR ZONING PETITION"; 25.210.060
"PLANNING COMMISSION — FINDINGS AND RECOMMENDATIONS";
25.210.070 "APPEAL OF RECOMMENDATION"; 25.210.080 "CITY
COUNCIL CONSIDERATION"; 25.220.020 "ZONING"; AND 29.35.00
"ROLES AND RESPONSIBILITIES".
WHEREAS, cities have the responsibility to regulate and control the physical
development within their borders and to ensure public health, safety and welfare are maintained;
and
WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and
development; and
WHEREAS, over time, regulations and case law have evolved to produce a complicated
administration process related to the Pasco Municipal Code; and
WHEREAS, use of politically appointed or elected officials to make quasi-judicial land
use decisions has become the source of legal challenges and the source of liability, and has
resulted in a much more complicated land use environment; and
WHEREAS, use of the hearing examiner system for such land use decisions has given
cities an advantageous alternative to handling quasi-judicial decisions involving land use
regulations; and
WHEREAS, a hearing examiner is a specifically trained individual that is experienced in
the knowledge and application of land use law and project permitting; and
WHEREAS, use of a hearing examiner system can reduce the liability exposure of the
City and allow the City Council and Planning Commission to concentrate on policy decisions and
land use regulations that would then be implemented in and enforced through hearing examiner
decisions; and
WHEREAS, in 2019 the City Council passed Ordinance 4431, which expanded powers of
the hearing examiner found in Pasco Municipal Code (PMC) Section 2.50.080 to (1) render land
use decisions including preliminary plats, special and conditional use permits, planned density
developments, recreational vehicle parks, and wineries; (2) conduct hearings and prepare
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recommendations for City Council consideration of rezone and planned unit development
applications; (3) hear appeals of a right-of-way use permit, construction permit, or the renewal or
conditioning thereof, and (4) take any other action authorized by ordinance; and
WHEREAS, in light of the provisions of Ordinance 4431, several unchanged code sections
incorrectly still specify or reference the Planning Commission as the entity involved in such
actions; and
WHEREAS, the City Council has determined that to further the purposes of
comprehensive planning and to maintain and protect the welfare of the community in the area of
land use decisions, it is necessary to amend PMC Chapter 9.130 Noise Regulation, and Titles 21
Urban Area Subdivision Regulations, 23 Environmental Impact, 25 Zoning, and 29 Shoreline
Master Program to correct references regarding the decision authority for the hearing examiner.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Section 9.130.060 entitled "Additional exceptions — Application" of the
Pasco Municipal Code shall be and hereby is amended and shall read as follows:
9.130.060 Additional exceptions — Application.
(1) Additional exceptions may be granted to any person from any requirement of PMC
9.130.030 if findings are made that any such exception is in the public interest and that the
proposed activity will have a substantial public participation, e.g., festivals, parades and other
community celebrations.
(2) Exceptions may be granted to any person from any requirement of PMC 9.130.040 if
findings are made that immediate compliance with such requirement cannot be achieved because
of special circumstances rendering immediate compliance unreasonable in light of economic or
physical factors, encroachment upon an existing noise source or because of nonavailability of
feasible technology or control methods.
(3) Applications shall be made to the Director of Community and Economic Development.
Exceptions shall be issued only upon application in writing and after providing such information
as may be requested. No exception shall be issued for a period of more than 30 days except upon
due notice to the public with opportunity to comment to the City Planning Commission.1-learing
Examiner. The City Plap.4ing Commission shat make r-esemmendatro„ for- R
or-
disappr-eval to the City Couneil ; all s ie- eases. The Cit Ceti eil Hearing Examiner shall then
make a final determination of approval or disapproval of an exception for a period exceeding 30
days. Public hearings may be held before the City Plamiing Cemmission Hearing Examiner in
any case when substantial public interest is shown, at the discretion of the Director.
(4) Any such exceptions or renewal thereof shall be granted only for the minimum time period
found to be necessary under the facts and circumstances.
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(5) An implementation schedule for achieving compliance with this chapter shall be
incorporated into any exception from PMC 9.130.040 that is issued.
(6) Sources of noise, subject to this chapter, shall immediately comply with the requirements
of this chapter, except in extraordinary circumstances where overriding considerations of public
interest dictate the issuance of an exception. [Ord. 3591 § 1, 2002; Code 1970 § 9.61.041.]
Section 2. That Section 21.10.020 entitled "Terms defined" of the Pasco Municipal Code
shall be and hereby is amended and shall read as follows:
21.10.020 Terms defined.
"Alley" means a dedicated narrow service way, not more than 20 feet wide, providing a secondary
means of public access to abutting properties.
"Binding site plan" means a drawing to scale utilized for the purposes of creating lots for selling,
leasing, or otherwise transferring property rights from one person, firm, or corporation to another.
A binding site plan:
(a) Identifies and shows the areas and locations of all streets, roads, improvements,
parcels, utilities, open spaces, and other information as may be required by this title;
(b) Contains inscriptions or attachments setting forth such appropriate limitations and
conditions for the use of land as specified by this title; and
(c) Contains provisions making any development be in conformity with the site plan
for all such land.
"Block" means a group of lots, tracts, or parcels within a well-defined and fixed boundary.
"Boundary line adjustment" means the relocation of the boundaries between two or more lots,
which relocation does not result in the creation of any additional lot or lots.
"Comprehensive Plan" means the current Comprehensive Plan for the City, adopted by the City
Council pursuant to state law.
"Cul-de-sac" means a road closed at one end by a circular area of sufficient size for turning
vehicles around.
"Dedication" means the deliberate conveyance of land by an owner or owners to the City of Pasco,
for any general and public uses, reserving to the owner or owners no other rights than such as are
compatible with the full exercise and enjoyment of the public uses to which the property has been
devoted.
"Developer, subdivider, platter or owner" means any person, firm or corporation undertaking the
subdividing or resubdividing of a lot, tract or parcel of land as, or on behalf of, the owner thereof.
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"Easement" means a grant by the property owner to the public, corporation, or persons, of the use
of a strip of land for a specific purpose and, on or over which, the owner will not erect any
permanent improvements which serve to interfere with the free exercise of that right.
"Final approval" means that approval given by the City Council, which authorizes the subdivider
to record his/her plat.
"Final plat" means the plan of a plat, subdivision, or dedication, or any portion thereof, prepared
for filing for record by the County Auditor, and containing all elements and requirements set forth
for final plats in these regulations.
"Hammerhead/T" means a roadway that provides a "T" shaped, three-point turnaround space for
emergency equipment.
"Improvements" means any required improvements, including streets, curb, gutter, sidewalk,
storm drainage, landscaping, utilities, pavement markings, signing, and other appropriate
improvements.
"Lot" means a portion of a subdivision, or other parcel of land, intended as a unit for transfer of
ownership or for development, being of sufficient area and dimensions to meet minimum zoning
requirements for width and area. The term shall include tracts or parcels.
"Monument" means a permanent -type survey marker, which conforms to the City of Pasco
standard detail for monuments, or an approved substitute.
"Pedestrian way" means a right-of-way dedicated to public use which cuts across a block to
facilitate pedestrian access to adjacent streets and properties.
"Plat or subdivision" means an area of land which has been divided into two or more lots, tracts,
parcels or other divisions of land, and shall include a map or maps related thereto for the purpose,
whether immediate or future, of transfer of ownership, or for building developments, including all
designations in street lines, alley lines, public area boundaries, lot lines, easements, rights-of-way,
pavement widths, curb lines, location and size of utilities, location and size of land areas to be
dedicated; those divisions of land for agricultural purposes, where each parcel is five acres or more
in area and which do not include any new streets, easements, rights-of-way or other provisions for
necessary public areas and facilities; and further provided, that this definition shall not apply to
the division by description of a portion of a platted lot.
"Preliminary plat" means an approximate drawing of the proposed layout of streets, blocks, lots
and other elements of a subdivision or plat from which the City Planning Gemmissieti. Hearin
Examiner gives preliminary approval to the general layout features of the subdivision or plat.
"Primary arterial" means a street or road of great continuity which serves or is intended to serve
as the principal traffic way between separated areas of the City or region and is designated in the
Comprehensive Plan, or otherwise designated, as a limited access highway, major thoroughfare,
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boulevard, parkway or other equivalent term to identify those streets that comprise the basic
structure of the regional traffic plan.
"Public right-of-way" means any publicly owned land set aside for surface transportation purposes,
including vehicular, bicycle and pedestrian transportation, whether improved or not improved.
"Secondary arterial" means a street or road which forms part of the arterial street system, the
function of which is to collect traffic from the local or residential streets for delivery to the primary
arterials.
"Short plat" or "short subdivision" means the division or redivision of land into nine or fewer lots
for the purpose of sale, lease or transfer of ownership.
Street, Dead -End. "Dead-end street" means a street similar to a cul-de-sac, but providing no
turnaround at its closed end.
Street, Frontage. "Frontage street" means an access street which is generally parallel to and
adjacent to arterials, streets, traffic ways, limited access highways or railroad rights-of-way; and
which provides access to abutting properties and protection from through traffic.
Street, Local Access. "Local access street" means a street of limited continuity, which serves or is
intended to serve the local needs of the immediate community.
Street, Private. "Private street" means a street of limited continuity, which serves or is intended to
serve the local needs of the immediate community and which has not been dedicated to the public.
Street, Public. "Public street" means a street, whether improved or unimproved, held in public
ownership and intended to be open as a matter of right for public vehicular travel and to provide
access now or in the future to adjacent properties.
"Tax parcel segregation" means the separation of lots of record into two or more tax parcels for
the purpose of sale, lease or transfer of ownership, and which segregation does not result in the
creation of more parcels than lots of record.
"Urban growth area" means that area designated by the county pursuant to RCW 36.70A.110,
identifying the limits of the extension of urban facilities and services. [Ord. 3736 § 2, 2005; Ord.
3398 § 2, 1999; Code 1970 §§ 26.08.010-26.08.290.]
Section 3. That Section 23.10.060 entitled "Additional timing considerations" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
23.10.060 Additional timing considerations.
(1) For nonexempt proposals, the DNS or FEIS for the proposal shall accompany the City's
staff recommendation to the Hearing Examiner or Planning Commission.
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(2) If the City's only action on a proposal is a decision on a building permit or other license
that requires detailed project plans and specifications, the applicant may request, in writing, the
City conduct environmental review prior to submission of the detailed plans and specifications.
The fee for such request shall be the same as in PMC 23.50.040(1), and shall accompany the
written request. [Ord. 3297 § 2, 1998; Ord. 2512 § 1, 1984; Code 1970 § 23.02.060.]
Section 4. That Section 25.145.060 entitled "Setback requirement" of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows:
25.145.060 Setback requirement.
Minimum setbacks for structures erected within an approved planned density development site
shall be as follows:
(1) Perimeter. The perimeter setbacks prescribed herein shall be measured from the exterior
boundary of the lot or group of contiguous lots forming the planned density development site. The
front, side and rear yard setbacks of the underlying zone shall be the minimum perimeter setbacks
for all structures; provided, that such minimum setbacks may be increased by the Plannin
Geffifflissieff Hearing Examiner if deemed necessary to protect the appropriate use and
development of adjacent lands; and
(2) Interior. The minimum distance between structures within a planned density development
site shall not be less than International Building Code requirements. [Ord. 3354 § 2, 1999; Code
1970 § 25.64.060.]
Section 5. That Section 25.165.060 entitled "Caretaker's residence" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
25.165.060 Caretaker's residence.
In the commercial and industrial districts, a caretaker's residence may be permitted by special
permit as an accessory use, provided the following circumstances are demonstrated by the
applicant:
(1) The caretaker's residence is solely intended to provide security for the established principal
permitted use of the property;
(2) The caretaker's residence is within a commercial or industrial area with less than 40 percent
of parcels within the surrounding vicinity, defined as a 300 -foot radius from the site, being
developed. The term "developed" shall mean a parcel containing at least one permitted structure
or land use with a current City of Pasco business license;
(3) The residential structure, limited to motor homes, travel trailers or truck campers, will be
located on a parcel at least two times the size of the caretaker's residence; and
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(4) A special permit granted for a caretaker's residence may be reviewed annually upon written
request of owners of property within 300 feet of such residence or upon written request of the City
Building Official.
(5) The special permit shall be reviewed by the Planning r,,.,. .Hiss,,, administratively and
biennially to determine if the surrounding vicinity within a 300 -foot radius is at least 40 percent
developed. If the area is at least 40 percent developed, the caretaker's residence shall be removed
from the site within one year of the review date. [Ord. 4110 § 26,2013; Ord. 3354 § 2,1999; Code
1970 § 25.70.060.]
Section 6. That Section 25.165.120 entitled "Hazardous waste" of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows:
25.165.120 Hazardous waste.
(1) No person, firm, or corporation shall use any parcel(s), lot(s), or tract(s) of land for disposal
of "dangerous" or "extremely hazardous" waste (chemical) as defined by Chapter 173-303 WAC;
or
(2) For any operation involving radioactive material greater than one curie in a sealed form,
or any radioactive material in a nonsealed form, but excluding any place of medical practice,
except upon a permit granted by the City Geiineil Hearing Examiner applied for in the manner
prescribed by Chapter 25.200, PMG and after ro opt by the City GetHieil e f the ro
of the Planning Commission. i deye ,,. ing a o adatio the Planning r,.,.,.,,issie., the
Hearing Examiner shall, in addition to the requirements of Chapter 25.200 PMC, also consider the
location of the proposed use, the zoning regulations, the threat to the public health, safety or
welfare, the effect on surrounding property values and development, reclamation of property, and
the suitability of the property for the use proposed; and
(3) Uses or activities that process or dispose of medical wastes as defined by Chapter 173-303
WAC are required to obtain a special permit following the procedures of Chapter 25.200 PMC.
[Ord. 3354 § 2, 1999; Code 1970 § 25.70.100.]
Section 7. That Section 25.210.020 entitled "Initiation of amendments" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
25.210.020 Initiation of amendments.
(1) Zoning Map.
(a) Any person, firm, corporation, group of individuals, or municipal department may
petition for a zone change with the following exceptions:
(i) If the person, firm, corporation or group of individuals does not have legal
ownership of the parcel of land under consideration for rezoning, the petition shall
not be accepted. All petitions submitted must contain the notarized signature of the
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legal owner of the property. The legal owner is considered to be the owner of
record.
(ii) A person, firm, corporation or group of individuals may not submit, in any
one year, more than one petition requesting a zone change from the property's
present zone to another particular zone for the same parcel of land; provided, that
within the one-year period, a person, firm, corporation or group of individuals may
submit another petition requesting a zone change from the property's present zone
to a zone other than the zone previously requested in the earlier petition.
(b) The City Council, upon its own motion, may request the
Hearing Examiner hold an open record hearing on the reclassification of a parcel or parcels
of property.
(c) The Planning Commission may initiate an open record hearing on the
reclassification of a parcel or parcels of property.
(2) Text.
(a) The City Council upon its own motion may conduct an open record hearing to
amend the text, or request that the Planning Gemmissieft Hearing Examiner conduct a
public hearing to develop a recommendation on a text amendment.
(b) The Planning Commission may initiate an open record hearing to develop a
recommendation for a text amendment.
(c) Any resident or property owner within the Pasco Urban Area may petition the City
Council for a text amendment. A petition to amend the text does not obligate the City
Council to follow through with the petitioned amendment.
(3) City/County Coordination:
(a) All County zoning map amendments within the UGA shall be coordinated with the
City prior to change by the County. Coordination shall consist of providing the City with
timely notification of proposed map amendments and affording an opportunity to
comment. Map amendments shall conform in all respects to the UGA Comprehensive Plan.
(b) Zoning text amendments shall be coordinated between the City and County to
ensure that the intent and purpose of the joint development regulations are maintained.
Coordination shall consist of providing affected jurisdictions the opportunity to participate
in drafting the text amendment through comment and consultation. [Ord. 4110 § 32, 2013;
Ord. 3354 § 2, 1999; Code 1970 § 25.88.020.]
Section 8. That Section 25.210.030 entitled "Requirements for zoning petition" of the
Pasco Municipal Code shall be and hereby is amended and shall read as follows:
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25.210.030 Requirements for zoning petition.
The petition for a change of classification must show the following:
(1) The date the existing zone became effective;
(2) The changed conditions which are alleged to warrant other or additional zoning;
(3) Facts to justify the change on the basis of advancing the public health, safety and general
welfare;
(4) The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan;
(5) The effect on the property owner or owners if the request is not granted;
(6) The Comprehensive Plan land use designation for the property; and
(7) Such other information as the Plavining Coffifflission Hearing Examiner requires. [Ord.
3354 § 2, 1999; Code 1970 § 25.88.030.]
Section 9. That Section 25.210.060 entitled "Planning Commission — Findings and
recommendations" of the Pasco Municipal Code shall be and hereby is amended and shall read as
follows:
25.210.060 Planning Gommis&ionHearing Examiner - Findings and recommendations.
(1) After completion of an open record hearing on a petition for reclassification of property,
the Platiffing Gemmissie Hearing Examiner shall make and enter findings from the records and
conclusions thereof which support its recommendation and find whether or not:
(a) The proposal is in accord with the goals and policies of the Comprehensive Plan;
(b) The effect of the proposal on the immediate vicinity will be materially detrimental;
(c) There is merit and value in the proposal for the community as a whole;
(d) Conditions should be imposed in order to mitigate any significant adverse impacts
from the proposal;
(e) A concomitant agreement should be entered into between the City and the
petitioner, and if so, the terms and conditions of such an agreement.
(2) The Hearing Examiner shall render i-tsa recommendation to approve,
approve with modifications and/or conditions, or reject the petition based on its findings and
conclusions. The '~w~missie '^Nearing Examiner's recommendation, to include its findings and
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conclusions, shall be forwarded to the City Council at a regular business meeting thereof. [Ord.
3354 § 2, 1999; Code 1970 § 25.88.060.]
Section 10. That Section 25.210.070 entitled "Appeal of recommendation" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
25.210.070 Appeal of recommendation.
Any recommendation of the Plafniing GemmissionHearing Examiner regarding a petition for
reclassification of property may be appealed in accordance with one of the following methods:
(1) Applicant. Within 10 calendar days from the date of the Planning Gammissie Hearing
Examiner action, file written appeal with the City Planner stating the basis of appeal from the
Plamiing Hearin; Examiner recommendation;
(2) Property Owners. Within 10 calendar days from the date of the Plaiining
Eemmissie-aHearing Examiner action, file written appeal with the City Planner stating the basis of
appeal from the Hearing Examiner recommendation and bearing the
signature of at least 20 percent of the owners of record of property within 300 feet of the property
proposed for reclassification;
(3) Either method of appeal shall include payment of an appeal fee in the amount
$100 prescribed by Title 3 PMC; and
(4) A proper and timely filed appeal shall be presented to the City Council in conjunction with
the Planning Commissie Hearing Examiner recommendation and shall require the City Council
to conduct a closed record hearing, notice of which shall be given in accordance with PMC
25.210.040, to consider the appeal. [Ord. 3354 § 2, 1999; Code 1970 § 25.88.070.]
Section 11. That Section 25.210.080 entitled "City Council consideration" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
25.210.080 City Council consideration.
(1) Unless a proper and timely appeal is filed or the City Council by majority vote deems
further review is necessary, the recommendation of the Planning GeffffniR4enHearing Examiner
shall be effected by proper action of the City Council without further review. In the event the
Council deems further review is necessary, it shall conduct a closed record hearing, notice of which
shall be given in accordance with PMC 25.210.040; and
(2) In those cases which require further review, the City Council shall at the conclusion of a
closed record hearing make and enter findings of fact and take one of the following actions:
(a) Approve the reclassification with or without modification;
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(b) Enter into a concomitant agreement with the petitioner, as set forth in PMC
25.210.100;
(c) Deny the reclassification. [Ord. 3354 § 2, 1999; Code 1970 § 25.88.080.]
Section 12. That Section 25.220.020 entitled "Zoning" of the Pasco Municipal Code shall
be and hereby is amended and shall read as follows:
25.220.020 Zoning.
(1) Petition Method. The City will not require simultaneous zoning for an annexation area as
provided in Chapter 35A.14 RCW under the 60 percent petition method. Zoning for a given
annexation area under the 60 percent method will be determined through a public process utilizing
the Plafffling Gemmi&sionIjearing Examiner as follows:
(a) After acceptance of an initial 10 percent annexation petition by the City Council
and prior to Council action on a valid 60 percent petition, the Planning GeffifflissieflHearing,
Examiner shall hold a zoning determination hearing.
(b) Notice of a zoning determination hearing for a pending annexation shall be given
by publication in the newspaper on two separate dates, one of which shall be at least 10
days prior to the hearing.
(c) In addition to notification by publication in the newspaper, notice shall be mailed
directly to each property owner in the proposed annexation area and to the County.
If the anticipated zoning as indicated in the Comprehensive Plan prescribes any
zoning other than a low-density single-family designation, notice of the zoning
determination hearing shall also be mailed directly to all property owners within 300 feet
of the proposed annexation area.
(d) The Plaiining GemmissionisHearing Examiner's zoning determination
recommendation shall be forwarded to the City Council on or about the time the Council
holds a public hearing on a 60 percent petition. Following adoption of an ordinance
annexing property to the City, the Council shall adopt separate ordinances for the
establishment of zoning.
(2) Other Methods. Zoning for other methods of annexation can be established by either
following generally the process in subsection (1) of this section, or at the election of the City
Council, the procedures provided in Chapter 35A.14 RCW. [Ord. 3354 § 2, 1999; Code 1970
§ 25.96.020.]
Section 13. That Section 29.35.010 entitled "Roles and responsibilities" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
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29.35.010 Roles and responsibilities.
(1) Shoreline Administrator.
(a) The Community and Economic Development Director of the City of Pasco or
his/her designee shall serve as the Shoreline Administrator. The Shoreline Administrator
shall issue written shoreline exemptions as appropriate, and in the case of a shoreline
substantial development permit, grant or deny the permit. The Shoreline Administrator
shall administer the shoreline permit and notification systems, and shall be responsible for
coordinating the administration of shoreline regulations with zoning enforcement, building
permits, and all other regulations regarding land use and development in the City.
(b) The Shoreline Administrator shall be familiar with regulatory measures pertaining
to shorelines and their use, and, within the limits of his or her authority, shall cooperate in
the administration of these measures. Permits issued under the provisions of this shoreline
regulation shall be coordinated with other applicable land use and development regulatory
measures of the City. The Shoreline Administrator shall establish procedures that advise
all parties seeking building permits or other development authorization of the need to
consider possible shoreline applications. It is the intent of City, consistent with its
regulatory obligations, to simplify and facilitate the processing of shoreline substantial
development permits.
(c) The Shoreline Administrator shall ensure that proposed regulatory or
administrative actions do not unconstitutionally infringe upon private property rights.
Shoreline goals and policies should be pursued through the regulation of development of
private property only to an extent that is consistent with all relevant constitutional and other
legal limitations (where applicable, statutory limitations, such as those contained in
Chapter 82.02 RCW and RCW 43.21 C.060) on the regulation of private property.
(d) The Shoreline Administrator shall apply PMC 29.25.010, Critical Areas.
(2) Hearing Examiner.
(a) The Hearing Examiner shall have the authority to decide on appeals from
administrative decisions issued by the Shoreline Administrator of this SMP.
(b) The Hearing Examiner may grant or deny shoreline variances following a public
hearing.
(c) The Hearing_ Examiner shall have authority to review and approve or deny shoreline
special use permits following an open record hearing pursuant to PMC 25sT200.1200
20.210.080.
(3) Planning Commission. () The Planning Commission is vested with the responsibility to
review the SMP as part of regular SMP updates required by RCW 90.58.080 as a major element
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of the City's planning and regulatory program and make recommendations for amendments thereof
to the City Council.
(b) The Planning Geffffnissieft reviews sher-elkie speeW ase permits, felle
e ,.a hearing, ing, a iia so ., sends ndafi ,,, to the City r,,,,, ei
0 0
(4) City Council. The City Council is vested with authority to:
(a) Initiate an amendment to this SMP according to the procedures prescribed in WAC
173-26-100.
(b) Adopt all amendments to this SMP, after consideration of the recommendation of
the Planning Commission. Substantive amendments shall become effective immediately
upon adoption by Ecology.
(dc) Conducts closed record appeal of any recommendation of the Plaffain
Eemmissienflearing Examiner pursuant to PMC 25.z�-200.1 10 25.210.070.
(ed) Decide on appeals from the administrative decisions issued by the Shoreline
Administrator. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.700.]
Section 14. This ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, this 8th day of September,
2020.
Saul. artinez
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Fer aw, PLLC
City Clerk Cit torney
Published: September 11, 2020
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