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HomeMy WebLinkAbout4550 ORDINANCE NO. ~ AN ORDINANCE implementing interim Land Use Permit procedures pursuant to ESHB 1724, Ch. 347 Laws of 1995; and amending Bremerton Municipal Code Title 21. WHEREAS, ESHB, Ch. 347 Laws of 1995 require Bremerton and other local governments planning under the Growth Management Act to establish by ordinance or resolution procedures for 1) a consolidated project permit, 2) combining the environmental review process with review of land use project permits and 3) providing for no more than one open record hearing and one closed record appeal; and WHEREAS, an interim ordinance is needed to comply with deadlines of this regulatory reform bill while allowing continued public participation and policy discussions and the integration of these procedures into the City's development regulations; now, therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Consolidated Project Permit. Processing and approving any project permit shall include the actions listed below. Project permits are those defined by RCW 36.70B.020, but does not include street vacations or other approvals relating to use of public areas; lot line adjustments; and building and other construction permits or similar administrative approvals categorically exempt from environmental review under chapter 43.21C RCW, or for which environmental review has been completed in connection with other project permits. (a) A Notice of Application to the public and agencies with jurisdiction as required by RCW 36.70B. 110. (b)A determination of completeness to the applicant as required by RCW 36.70A.440. (c) Completion of project review and a Notice of Decision as required by RCW 36.70B.130 within the time period provided in RCW 36.70A.065 and RCW 36.70B.090. The Notice of Decision may be the project permit or a report consistent with RCW 36.70B.060. (d) An optional consolidated project permit review providing for the integrated and consolidated review and decision on two or more project permits relating to a proposed project action, including all project permits requested by an applicant. (e) Public meetings or required open record hearings may be combined with another agency or jurisdiction's meeting or open record hearing on the project. Section 2. Open Record Hearing. (1) Except for an appeal of a determination of significance, there shall be no more than one open record heating or open record appeal hearing, and one closed record appeal for project permits as defined by RCW 36.70B.020. (2) Any project permit currently requiring Planning Commission action and City Council LANDUSE2.ORD - Disk 2 - 4/3/96 approval shall have a predecision open record hearing by the Planning Commission. The Planning commission will forward a recommendation, after considering the input from its open public hearing, for consideration by the City Council. The Council shall make its decision based on findings and conclusions and the taped or written transcript of the Planning Commission and shall not supplement the record with additional evidence or testimony. The City Council shall enter its decision based on the record, except for limited new information or evidence as allowed by Council rules of procedure (3) Any project permit currently requiring Planning Commission approval with an appeal to the City Council shall have an open record hearing or appeal hearing before the Planning Commission and a closed record appeal before the City Council. Only applicants for the permit or approval at issue, owners of the property at issue, or persons who participated in the record hearing leading to the appealed decision shall be permitted to file an appeal. The council may modify or reverse the decision of Planning Commission based upon its findings and conclusions that approval criteria for the particular project permit have or have not been met. Section 3. Consolidated Environmental Review. (1) Appeals of environmental determinations under BMC 21.12.210 shall be of the governmental action together with its accompanying environmental determinations and shall be commenced within the time required to appeal the governmental action which is subject to environmental review; Provided, however, a determination of significance may be appealed and decided before the agency's final decision on a proposed action and a determination of non- significance (DNS) may be appealed before the agency's final decision only if the appeal is heard at a proceeding where the heating body will render a final recommendation or decision on the underlying action. A threshold determination shall have an open record appeal hearing before the Planning Commission. 2) Except for a determination of significance, no threshold determination, decision or recommendation on a project permit shall be issued until the expiration of the public comment period on the notice of application. 3) Where a project requires an open record predecision hearing and the threshold determination requires public notice under chapter RCW 43.21 C, the threshold determination shall be issued at least fifteen (15) days prior to the open record hearing or predecision hearing. Section 4. Amendment. Those sections of BMC Title 21, Land Use, relating to land use approvals are amended by this ordinance to the extent they are inconsistent. Section 5. Effective Dates. This ordinance shall take effect ten (10) days from passage and publication and shall expire ninety (90) days following its effective date. APPROVED by the City Council of the City of Bremerton this /0Zt.day 1996. LANDIJSE2.ORD - Disk 2 - 4/3/96 2 PASSED by the City Council of the City of Bremerton this/_..J~ay of ~.,~.d,d._, 1996. d,Jt~l'~. LAW, Council President APPROVED this ~.. day of ~ , 1996. LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk EFFECTIVE DATE PUBLICATION DATE ORDINANCE NUMBER LANDUSE2.ORD - Disk 2 - 4/3/96 3