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Home My WebLink About4899 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Sections 21.02.850 and 21.02.855 and Chapter 21.02 Appendix Figures 840 and 895(a) of the Bremerton Municipal Code relating to the type of decision and notice requirements for final subdivision plats. WHEREAS, the current provisions of Section 21.02.850 of the Bmmerton Municipal Code indicate that a decision on a final subdivision plat is a Type III Administrative Hearing Examiner Decision subject to an open record public hearing; and WHEREAS, Section 36.70B.050 RCW allows for only one open-record hearing for a project permit application; and WHEREAS, the provision of Ch. 58.17 RCW require an open-record hearing during preliminary approval of a subdivision plat application; and WHEREAS, a decision on a final subdivision plat should be subject to a closed record decision by the City Council and not subject to a decision of the Administrative Hearing Examiner; and WHEREAS, the current provisions of Chapter 21.02 Appendix Figures 840 and 895(a) relating to permit processing and notice requirements also indicate that a final subdivision plat is subject to an open record public hearing; and WHEREAS, the City Council desires to make technical corrections to Section 21.02.850 and Chapter 21.02 Appendix Figures 840 and 895(a) in order to correct the type of decision and hearing requirements for final subdivision plats; and WHEREAS, the SEPA Responsible Official determined that adoption of this ordinance is categorically exempt as procedural action under WAC 197-11-800(20); and WHEREAS, because this correction is technical in nature, recommendation by the Planning Commission and the provisions of RCW 36.70A. 106 are inapplicable; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 21.02.850 of the Bremerton Municipal Code entitled "Type III Administrative Hearing Examiner Decisions" is hereby amended to read as follows: 1 Final Subdivision Plat 21.02.850 TYPE III ADMINISTRATIVE HEARING EXAMINER DECISIONS. (a) Actions: The following actions may be approved, approved with conditions, or denied, or remanded by the Administrative Hearing Examiner pm'suant to Chapter 2.13 BMC following an open record public hearing, unless noted otherwise. (lg) Variance. (25) Non-administrative Special Use Permit. (b) Decision Format: Type III decisions shall be made in writing supported by findings of fact and conclusions of law. (c) Final Decision: Type Iii decisions are made by the Administrative Hearing Examiner and are final when issued for pm'poses of appeal. (d) Appeal: Type III decisions may be appealed to Superior Court within the Twenty-one (21 ) calendar days following the date of issuance of the decision. SECTION 2. Section 21.02.855 of the Bremerton Municipal Code entitled "Type IV City Council Decisions" is hereby amended to read as follows: 21.02.855 TYPE IV CITY COUNCIL DECISIONS. (a) Actions: The following actions may be approved, approved with conditions, denied, or remanded by the City Council following an open record pre-decision public hearing by the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC, unless noted otherwise. Public notice is required for Type IV actions. Recommendations will be provided by the Administrative Hearing Examiner to the City Council following a public hearing. Staff may conduct additional neighborhood meetings when required or when otherwise warranted by the Director for public information or data gathering purposes. An asterisk (*) denotes actions that are exempt from the 120-day permit processing requirement. A double asterisk (**) denotes actions that do not require a recommendation from the Administrative Hearing Examiner. (1) Preliminary Subdivision Plat. (2) Vacation of existing subdivision. (3) Planned Unit Development (PUD). (4) Major amendment to a PUD. (5) Binding Site Plan. (6) Rezone for specific properties or small area. (7) Development Agreement. * (8) Final Subdivison Plat** (b) Decision Format: Type IV decisions shall be made by motion, resolution, ordinance, or other form appropriate to that particular decision and suitable for recording. (c) Final Decision: Type IV decisions are made by the City Council following the Administrative Hearing Exaininer's open public hearing and are final when issued for purposes of appeal. (d) Appeal: Type IV decisions may be appealed to Superior Court within the twenty- one (21) calendar day appeal period, or on the effective date of the ordinance, whichever is longer. 2 Final Subdivision Plat SECTION 3.. Chapter 21.02 Appendix Figure 840 is hereby amended to read as indicated in Exhibit A attached hereto and incorporated herein. SECTION 4. Chapter 21.02 Appendix Figure 895(a) is hereby amended to read as indicated in Exhibit B attached hereto and incorporated herein. SECTION5. Severabilitv. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. E#'ective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the ~:~o day of ~ ,2004 PASSED by the City Council the ~ day of ,~, ~z,t.,,~t · ,2004 DAREN NYGREN, CoUncil President Approved t his ff__~_,~ day o f G~'/.,-t~L,,~r ~004~ CARY BOZEMAN, Mayor ATTEST.T.T.T~ ,., ~) ~' APPROVED AS TO FORM: I:('A~L'~-J~H~d~N; ~[r~terim Cityv ~"~- Clerk ~ A. LUB~'~VICH,~ity Attorney PUBLISHED the ~ dayof ~ ,2004 EFFECTIVE the~,d~gi~day of QI~t~,,~L, ,2004 ORDINANCE NO. z,z£ qq V R:kLEGAL\Ordinances\Community Development\21.02 Fig 840 and 895(a).doc 3 Final Subdivision Plat PERMIT PROCESSING SUMMARY Figure 840 Administrative Hearing Examiner Hearing Examiner City Council DECISIONS Decision Open Record l;[re43eeisie~ Closed Record Hearing and Open Record Decision Decision Hearing and Recommendation Type I Decisions (without notice) BMC 21.02.$40 · Sign permits * (on appeal) Home occupation * (on appeal) · Land uses permitted outright * (on appeal) · Boundary line adjustment * (on appeal) · Minor amendment to approved PUD * (on appeal) · Minor amendments to other permits * (on appeal) · Temporary emergency wetland or * (on appeal) stream permits ~ Clearing less than 2 acres * (on appeal) · Grading less than 100 cu. yds. *(on appeal) · Landscape plan * (on appeal) · Site Plan review * (on appeal) · Recreational vehicle 90-day permit * (on appeal) · Building Permits *(on appeal) ,, Alternative Setback *(on appeal) · Alternative Landscaping *(on appeal) · Permit or Approval Revocation *(on appeal) Type II Decisions (notice required) BMC 21.02.845 · Short Subdivison *(on appeal) SEPA Determination *(on appeal) Wetland or stream assessment *(on appeal) · Wetland or stream development *(on appeal) permit · Env. Area Determination *(on appeal) · Administrative Special Use Permit *(on appeal) · Design Review *(on appeal) · Plan or Code interpretation *(on appeal) · Minor alteration of approved plat *(on appeal) · Permit or Approval Revocation *(on appeal) Type III Decisions BMC 21.02.850 · Fine! Subd!v!sien Plat *(delete*) · Variance · Non-administrative Special Use Permit · Senior Housing Complexes · Permit or Approval Revocation Type IV Decisions BMC 21.02.855 · Preliminary Subdivision Plat · Vacation of existing subdivision · Planned Unit Development · Major amendment to a PUD · Binding Site Plan · Rezone for specific properties or small area · Development Agreement * · Final Subdivision Plat Title 21 Appendix EXHIBIT A EXHIBIT B Figure 895(A) NOTICE REQUIREMENTS Page 1 of 2 Title 21 Appendix EXHIBIT B Figure 895(A) NOTICE REQUIREMENTS Page 2 of 2 Z ~.~o._ ~ ~ o ooooooooI~ ~ ~ ~Z ~ z zzzzzzzz ZOo ~ZZ zz ~ z ~ ~ ZO O m~ E- ~'EEE> > Title 21 Appendix AFFIDAVIT OF PUBLICATION No. Ad # 100108654 STATE OF WASHINGTON COUNTY OF KITSAP I, Robin Alexander, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months pr/or to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bmmerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; June 7, 2004 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $34.72 which amount has not been paid in fulh (Signature of Principal Clerk) Subscribed and sworn to before me this day of June 23, 2004. ~ ° Notary Public in and for the State of Washington, Kitsap County. ORDINANCE 4899' AN ORDINANCE of the City Council of the City of Bmmerton, Washington, amending Sections 21.02.850 and 21.02.855 and Chapter 21.02 Appendix Figures 840 and 895(a) of the Bremerton Municipal Code relating to the type of decision and notice requirements for final subdivision plats.- APPROVED by the City Council the 26th day of May, 2004.- PASSED by the City Council the 2nd day of June, 2004? The full text of this ordinance is available fi-om the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- June 7, 2004°°#100108654-