HomeMy WebLinkAbout1993-091 Expanded Duties ORDINANCE NO. 93- 91
AN ORDINANCE relating to expanded duties of the City Hearing Examiner;
establishing authority to review Shoreline Management Act
applications; and amending Section 1 43.080 of the City of Yakima
Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 Section 1 43 080 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"1.43.080 Duties and powers.
The examiner shall hear, make a record of, and decide matters
provided in this chapter or by other ordinances, including but not
limited to, the following land use matters:
A. Matters prescribed by the Yakima Urban Area Zoning
Ordinance, Title 15, of this code. Decisions of the examiner on such
matters shall have the legal effect as set forth in the provisions of said
ordinance,
• B Review of preliminary plats and modifications thereto
using the procedures and provisions for review by the planning
commission as set forth in RCW Chapter 58 17 and the city of Yakima
subdivision ordinance, Title 14 of this code. The decisions of the
examiner on such matters shall constitute recommendations to the city
council,
Preliminary plat extension requests pursuant to RCW
58 17 140 and city of Yakima subdivision ordinance, Title 14 of this code.
Decisions of the examiner on such matters shall constitute final
decisions unless appealed to the council pursuant to the provisions of
this chapter
D. Plat vacations or amendments pursuant to RCW Chapters
58.11, 58.12, or 58.17 Decisions of the examiner on such matters shall
constitute final decisions unless appealed to the council under the
provisions of this chapter,
E. Pedestrian skybridge applications in the manner set forth
in Section 11 60 040(F) of the city of Yakima Municipal Code and
pedestrian skybridge permit violations as set out in Section 11 60 070
thereof;
F The examiner may conduct hearings required pursuant to
RCW Chapter 43 21c, State Environmental Policy Act (SEPA), and Chapter
411 6 88 of the city of Yakima Municipal Code at the request of the city
responsible official charged with responsibility for holding such a
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hearin g, provided, that the substantive SEPA decision and the decision
on the associated action shall be made by the responsible official,
G. The examiner may. at the request of the city Shoreline
Administrator. receive and examine available information. conduct
public hearings. and prepare records and reports thereof. and issue
recommendations to the council based upon findings and conclusions
.• a•• ' . '.1 • e• - - . .1 .- , .111 - 1 . r 1. •
conditional use permits,
Gj3, Conduct public hearings on petitions and resolutions to
vacate streets and public rights -of -way pursuant to RCW Chapter 35 79
Decisions of the examiner on such matters shall constitute
recommendations to the city council,
Upon receipt of the examiner's recommendation, the city council
shall hold a public meeting and affirm or reject the examiner's
recommendation.
The city council shall conduct its own public hearing when it
rejects the recommendation of the examiner or desires additional public
testimony The city council may also remand a matter back to the
examiner for additional hearing when it rejects the recommendation or
desires additional public testimony Notice of any examiner hearing, •
shall be given in the manner set forth in RCW 35 79 020 and as may be
amended. Such notice shall also contain the following statement:
The City Council shall decide whether or not to vacate the
street or right -of -way which is the subject of this notice.
The hearing examiner conducts a public hearing and
makes a recommendation to the City Council. If you wish to
be informed of the time, date, and place of the City Council
meeting at which the hearing examiner's recommendation
will be considered, leave your name and mailing address in
writing with the representative of the Department of
Community and Economic Development present at the
examiner's public hearing.
The provisions of this section designating and assigning to the
hearing examiner the duties and functions listed above shall supersede
any and all conflicting provisions of the municipal code of the city of
Yakima."
Section 2 This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter
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•
• PASSED BY THE CITY COUNCIL, signed and approved this 28tr 'day of September
1993
c AA,,Adir
ATTEST / Mayor
City Clerk
Publication Date: nr i- _ 1 , 1 ca q
Effective Date: oct- . 31 1 qq 3
11110
11111
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