HomeMy WebLinkAbout1990-3257 Expanded duties A -
ORDINANCE NO. 3251 t
AN ORDINANCE relating to expanded duties of the City Bearing
Examiner, establishing authority to review pedes-
trian skybridge applications and permit
violations, 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 Muni-
cipal 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
1111 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, City of Yakima Municipal
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,
City of Yakima Muniripal Code. The decisions of the
examiner on such matters shall constitute recommendations
to the City Council,
(c) Preliminary plat extension requests pursuant
to RCW 58.17.140 and City of Yakima subdivision ordi-
nance, Title 14, City of Yakima Municipal Code. Deci-
sions 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
1110 Chapters 58.11, 58.12, or 58.17. Decisions of the examin-
er on such matters shall constitute final decisions
unless appealed to the Council under the provisions of
this chapter,
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(e) Pedestrian 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 forth in Section 11.60.070 thereof.
(f) The examiner may conduct hearings required
pursuant to RCW Chapter 43.21c, State Environmental
Policy Act (SFPA), and Chapter 6.88 of the City of Yakima
Municipal Code at the request of the City responsible
official charged with responsibility for holding such a
hearing; provided, that the substantive SEPA decision and
the decision on the associated action shall be made by
the responsible official.
(g) 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 0 rejects the recommendation of the ex-
aminer 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 i5.79.020 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 Light-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 Lime, date, and place of the City
Council meeting at which the heaving
examiner's recommendation will be consid-
ered, leave Your name and mailing address
in writing with the representative of the
Department of Community and Economic
OevLlopment present at the examiner's
public h€aring.'
The provisions of this section desi and
assigning to the heiring examiner the duties and func-
tions listed - Above shall supersede ariv and all con-
flicting provisions of the municlpil code of the citN, of
Yakima."
1111 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.
PASSED BY THE CITY COUNCIL, signed and approved this
LO day of AO , 1990.
c; ----
Mayor
ATTEST:
City Clerk
Publication Date:_p 1_31990_
Effective Date: MAY 1 2 1990
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