Loading...
HomeMy WebLinkAbout1986-2948 ENACTING CHAPTER 1.43 “HEARING EXAMINER” ORDINANCE NO. 2948 AN ORDINANCE (1) establishing an office of Hearing Examiner and setting forth the duties, powers, and procedures for such office and enacting Chapter 1.43 "HEARING EXAMINER" City of Yakima Municipal Code; (2) dissolving the existing planning commission of the City of Yakima; (3) establishing the Yakima Urban Area Regional Planning Commission as the planning commission of the City of Yakima and providing for its organization, procedures and duties, repealing sections 1.42.010 through 1.42.060 of the City of Yakima Municipal Code and enacting new provisions replacing said sections; (4) establishing a future effective date for this ordinance; and (5) establishing transition policies and procedures for certain applications filed prior to the effective date of this ordinance. WHEREAS, the Board of Yakima County Commissioners together with the Yakima City Council have previously entered into an agreement to jointly and cooperatively engage in regional planning under the authority of RCW 36.70.060 within the designated Yakima Urban Area; and WHEREAS, as a result of said agreement, the City of Yakima and County of Yakima have created an Urban Area Regional Planning Commission and adopted a Regional Yakima Urban Area Comprehensive Plan and Growth Policy and further have developed jointly a Urban Area Zoning Ordinance; and WHEREAS, the City of Yakima wishes to implement the goals and policies of the Urban Area Planning Agreement and the Yakima Urban Area Comprehensive Plan and provide for implementation of the jointly developed Yakima Urban Area Zoning Ordinance; and WHEREAS, the City further wishes to establish a system of applying land use controls which separate the land use regulatory function from the land use planning process to provide a greater degree of procedural due process and appearance of fairness in land use regulations; and • -1- . , . . provide an efficient and effective land use regulatory system for zoning 411 and other matters assigned to such office by the legislative body of the City; and , . WHEREAS, The City wishes to establish an office of hearing examiner to handle such other matters as allowed by law and assigned to him by the legislative body of the City; now therefore . . . BE IT ORDAINED BY THE CITY OF YAKIMA as follows: . Section 1. Chapter 1.43 "Hearing Examiner" is hereby enacted as a new chapter of the City of Yakima Municipal Code, which new chapter and sections shall read as follows: Chapter 1.43 . . HEARING EXAMINER • . 1.43.010 Office Established. There is hereby established an • office of hearing examiner. The office of examiner shall be under the administrative supervision of the examiner and shall be separate from and not an administrative part of the Department of Community and Economic . Development. Unless the context requires otherwise, the term examiner as used herein shall, include deputy examiners and examiners pro-tem. 1.43.020 Appointment. The hearing examiner and any deputy examiners shall be appointed by the City Council after consideration of the recommendation of the Joint Hearing Examiner Committee created by and pursuant to the "Intergovernmental Agreement for the Mutual Use of Hearing Examiner Services" entered into by and between the City of Yakima and Yakima County, Washington. Such examiner shall serve an indefinite term of office which shall, however, be reviewed one year following the date of original appointment and thereafter every four years. The Council may also appoint examiners pro-tem to serve in the event of absence or inability to act of the examiner and deputy examiners. . II/ • . 1.43.030 Qualifications. Examiners shall be appointed solely with . . -2- ...--_. • regard to their qualifications for the duties of their office and will • have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon them. Examiners shall hold no other elective or appointive office or position with the City of Yakima or the County of Yakima. 1.43.040 Removal. Anexaminer may be removed from office for cause by a majority vote of the City Council after consideration of a recommendation as to removal or non-removal from the Joint Hearing . Examiner Committee. 1.43.050 Standards of Conduct. (a) No person, including city or county officials, elective or appointive, shall attempt to influence an examiner in any matter pending before him, except at a public hearing duly called for such purpose, or to interfere with an examiner in the performance • of his duties in any other way; provided, that an official or employee of the City of Yakima or Yakima County may, in the performance of his official duties provide information to the examiner when the action is disclosed at the hearing or meeting; nor, shall this section prohibit rendering of legal services to the examiner or to the Council. (b) No examiner shall conduct or participate in any hearing or decision in which the examiner shall have a direct or indirect financial or personal interest or in which such conduct or participation shall violate any rule of law applicable thereto. 1.43.060 Rules. The examiner shall implement procedural rules for the conduct of hearings and other procedural matters related to the duties of his office in accordance with RCW 36.70.970. 1.43.070 Time Computation. In computing any period of time prescribed 111 by this chapter, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period so -3- 110 computed shall be included, unless it is a Saturday, Sunday, or a City legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, or a City legal holiday. 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, 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 Municipal Code. II/ 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 Ordinance - Title 14, City of Yakima Municipal 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) The examiner may conduct hearings required pursuant to RCW Chapter 43.21c State Environmental Policy Act (SEPA) and Chapter 6.88 of the City of Yakima Municipal Code at the request of the City 111 Responsible Official charged with responsibility for holding such a hearing, provided that the substantive SEPA decision 111 and the decision on the associated action shall be made by the Responsible Official. The provisions of this section designating and assigning to the hearing examiner the duties and functions listed shall supercede any and all conflicting provisions of the Municipal Code of the City of Yakima. 1.43.090 Applications. Applications for permits or approvals subject to review by the examiner shall be made to the City Department of Community and Economic Development (hereinafter referred to as the "Department"). The Department shall accept such applications only if applicable filing requirements are met. The Department, in coordination with the hearing examiner, shall be responsible for assigning a date for and assuring due notice of public hearing for each application, which date and notice shall be in accordance with the statute or ordinance governing the application. • 1.43.100 Master Applications. Any persons proposing a development or project which requires more than one of the permits or approvals listed in Sections 1.43.080 of this chapter may submit a master application to the Department on forms furnished by the Department containing all necessary information. The master application shall thereafter be processed by the examiner subject to the longest time limitations applicable to any of the required permits for approval. If any of the required approvals constitute a recommendation to the legislative body, the decision of the examiner to all such permits or approvals shall constitute a recommendation to the legislative body, otherwise the decision of the examiner shall be final subject to an appeal to the legislative body pursuant to this chapter. 1.43.110 Report of Department. Where no specific provision for a report of the Department is contained in the statute or ordinance governing the application, the Department may coordinate and assemble the reviews of other county/city departments, other state or local governmental agencies and franchised public utilities having an interest in the subject application and prepare a report summarizing the factors involved and the department's -5- findings and recommendations. At least seven (7) calendar days prior to the • scheduled hearing the report shall be filed with the examiner and copies thereof shall be mailed to the applicant and made available for public inspection. Copies thereof shall be provided to interested parties upon request. 1.43.120 Examiner's Decision. Within ten (10) working days of the conclusion of a hearing, unless a longer period is agreed to in writing by the applicant, the examiner shall render a written decision which shall include findings and conclusions based on the record. Except as provided in Section 1.43.080 and 1.43.100 of this chapter the decision of the examiner shall be final and conclusive on the 15th day after the date of the decision unless a notice of appeal to the Yakima City Council is filed pursuant to Section 1.43.140 of this chapter. The examiner's decision together with his findings, conclusions, and record of proceedings shall be filed with the Department of Community and Economic Development. If the effect of the decision is a recommendation to the legislative body, the original thereof shall be transmitted to the legislative body. 1.43.130 Notice of Examiner's Decision. Unless different procedures are prescribed by the ordinance or statute governing the application, the Department shall mail copies of the examiner's decision by certified mail to the applicant and by regular mail to other parties of record not later than three (3) working days following the filing of a written decision by the examiner. For purposes of this chapter "parties of record" shall mean the applicant and all other persons who have either submitted written comment on any action or proposed action, or who have appeared at a public hearing or public meeting and specifically requested notice of the decision by signing a register provided for such purpose at the hearing or meeting. 1.43.140 Appeal From Examiner's Decision. Except as to those decisions which constitute recommendations to the Council as provided in Sections 1.43.080 and 1.43.100 of this chapter, and except for appeals 111 -6- processed under City of Yakima Municipal Code, Chapter 15.16, a final decision by the examiner may be appealed to the Council by any person aggrieved, or by any officer, department, board, or bureau of the City affected by the examiner's decision, in the following manner: (a) The appealing party must file a complete written notice of appeal with the Department upon forms prescribed by the Department and accompanied by the appeal fee within fourteen (14) days from the date of the examiner's final decision. (b) Unless the statute or ordinance governing the application specifically states a different fee for an appeal to the Council, the appeal fee shall be $75.00; provided, that such appeal fee shall not be charged to other than the first appellant. (c) The notice of appeal shall specify the claimed error(s) and issue(s) which the Council is asked to consider on appeal and shall specifically state all the grounds for such appeal. Issues or grounds of appeal which are not so identified need not be considered by the Council. (d) The Department shall notify the parties of record that an appeal has been filed and that copies of the notice of appeal and any written argument or memorandum of authorities accompanying the notice of appeal may be obtained from the Department. The notice to parties shall also state that parties of record wishing to respond to the appeal may submit written argument or memorandum to the Council within fourteen (14) days from the date that the notice to the parties is mailed and shall further specify tha't such written argument or memorandum shall not include the presentation of new evidence and shall be based only upon the facts presented to the examiner. A copy of the notice shall be sent to the appellant. (e) The appellant or any party of record may submit a written argument or memorandum of authority within fourteen (14) days of the date of mailing -7- of the notice to parties. Such written argument or memorandum of • authorities shall be filed with the Department. No written argument or authorities may be thereafter submitted except as follows. The appellant or parties of record may request, in writing, and the Department may, in its discretion and for cause, grant, without prior notice to other parties of record, a fifteen (15) day extension of time within which written argument or memoranda must be submitted provided that the request for extension is made no later than the last date the memorandum would otherwise be due. The City Council may grant further extensions on a finding by the Council of the existance of extenuating circumstances which warrant such extensions. Notice of an extension shall be given to all parties of record. Memo- randa, written argument or comments shall not include the presentation of any new evidence and shall be based only on the facts presented to the examiner. (f) When a timely appeal has been filed and the deadline for receipt of written memoranda has passed, the Department shall, within five days, deliver to the Council a copy of the examiner's decision, the evidence presented to the examiner, an audio recording of the hearing before the examiner and any written argument or memorandum of authority which have been received. 1.43.150 Effect of Appeal. The timely filing of an appeal under this chapter shall stay the effective date of the examiner's decision until the appeal is adjudicated by the Council or until the appeal is withdrawn. 1.43.160 Council Action on Appeals. (a) General. When the record and the examiner's decision has been transmitted to the Council, the Clerk of the Council shall schedule a date for a public meeting by the Council at which time the Council shall consider the appeal. The date of the public meeting should not be later than twenty (20) days following. • the date the Council receives the information from the Department. -8- (b) Public Notice of Meeting on Appeals. The Clerk of the Council shall mail written notice to all parties of record and the examiner to apprise them of the meeting date before the Council. (c) Site Views. The Council may view the site. (d) Scope of Review. Council review of the facts shall be limited to evidence presented to the examiner. The Council may request additional information or memoranda in order to reach a decision, provided that all parties of record are given an opportunity to respond to the material provided. (e) Action on Appeal. At the public meeting, the Council may adopt, amend and adopt, reject, reverse, amend and reverse the findings, conclusions, and decision of the examiner or remand the matter for further consideration or for purpose of taking and considering new factual evidence by the examiner. If the Council renders • a decision different from the decision of the examiner, the Council shall adopt amended findings and conclusions accordingly. 1.43.170 Appeal of Decisions Made by Council. The action of the Council on appeal of the decision of the Examiner shall be final and conclusive unless, within thirty (30) days from the date of final action, an aggrieved party obtains an appropriate writ of judicial review for the purpose of review of the action taken or files an appropriate appeal as allowed by law. The appellant shall provide or pay for, in advance, the cost of preparing any verbatim transcript of proceedings required for judicial appeal. With the consent of the Superior Court, the parties may agree to provide a verbatim audio record of proceedings for purposes of review by the Superior Court. 1.43.180 Annual Report. The examiner shall report in writing to and meet with the Regional Planning Commission and City Council at least annually for the purpose of reviewing the administration of the 111 City's land use policies and regulating ordinances. The report shall include a summary of the examiner's decisions since the prior report. -9- • SECTION 2. SECTIONS 1.42.010 THROUGH 1.42.060 OF THE MUNICIPAL CODE OF THE CITY OF YAKIMA ARE HEREBY REPEALED in their entirety and the planning commission created by those provisions is hereby dissolved. Provided, such commission may continue to exist and function for the sole and limited purpose of completing the processing of applications for (1) special permits under Section 12.16.010(3) City of Yakima Municipal Code, (2) planned development zones under Chapter 12.50, City of Yakima Municipal Code, and (3) long subdivisions under RCW Chapter 58.17 and Title 14, City of Yakima Municipal Code which were legally filed and diligently processed before, and which are still pending on, the effective date of this title. SECTION 3. THE FOLLOWING NEW PROVISIONS ARE HEREBY ENACTED which shall be - numbered and codified as follows: 1.42.005 Definitions. As used in this Chapter: "Yakima Urban Area III Regional Planning Agreement" means that certain agreement entitled "Urban Yakima Area Regional Planning Agreement" dated January 25, 1977 by and between the City of Yakima, the County of Yakima, and the Town of Union Gap, Washington, as amended to date or as hereafter amended. "Yakima Urban Area" means that geographical area described and depicted by the Yakima Urban Area Planning Agreement as amended to date or as hereafter amended. 1.42.010 Planning Commission—Authority. The Regional Planning Commission created by and pursuant to the "Yakima Urban Area Regional Planning Agreement" to which the City of Yakima is a party, shall constitute and serve as the planning commission of the City of Yakima and shall have the full authority and jurisdiction as such to perform all acts, duties and functions which are either required of or imparted or conferred on a planning commission by law or ordinance. Provided, any duties or functions of a planning commission which are conferred on the office of hearing examiner shall be performed by such examiner. 111 -10- 1.42.020 Organization and Procedures. The commission shall perform its duties and functions as the planning commission of the City of Yakima under the provisions and procedures of RCW Chapter 36.70 and the "Yakima Urban Area Regional Planning Agreement" as now or hereafter amended, which provisions are hereby recognized, ratified and adopted as the organizational and procedural basis of the planning commission. 1.43.030 Duties. The duties of the commission shall be as set forth in RCW Chapter 36.70, the "Yakima Urban Area Regional Planning Agreement", by city ordinance, or as may be assigned or requested from time-to-time by the City Council. Such duties include, but are not limited to: (1) Serving as the long range planning body for the Yakima Urban Area and the City of Yakima; (2) Monitor the growth and development of the City and of the Yakima Urban Area and continually re-evaluate and recommend to the City 4111 Council revisions to the comprehensive plan and the zoning ordinance for the Yakima Urban Area and the City; (3) Develop and recommend to the City Council a subdivision ordinance for the Yakima Urban Area and the City and revisions thereto; (4) Investigate and make recommendations on other land use matters either requested by the City Council or on its own initiative; (5) Study and report on all proposed text changes to land use ordinances; (6) Advise the City Council on land use matters; (7) Monitor the hearings of the hearing examiner in order to stay informed of development activities, the concerns of the public, and the decisions of the examiner; (8) Such other functions authorized or required by law or ordinance or as requested or assigned by the City Council. SECTION 4. This ordinance shall be in full force and effect on APR 7 1985 II/ 1986, which date shall be thirty days after its passage, approval and publication as provided by law and by the City Charter. -11- Passed by the City Council, signed and approved this 1-- day of ,1986. A MAYOR ATTEST: City Clerk Publication Date Effective Date 1 • -12-