Chapter 14.03
JURISDICTION AND SCOPE OF AUTHORITY
Sections:
14.03.010 Responsibility and authority.
14.03.020 Director of community development.
14.03.030 City council.
14.03.040 Planning commission.
14.03.060 Design review board.
14.03.070 Board of appeals/adjustment.
Legislative history: Ord. 99-469.
14.03.010 Responsibility and authority.
A. The regulation of land development is an activity involving elected officials, appointed boards and city staff. The specific responsibilities of these bodies in that context are set forth in this title, recognizing that such officials, boards and staff have other duties and responsibilities not listed. The failure to list any specific responsibility shall not affect the right to exercise such responsibility. Elected officials, appointed boards and city staff shall exercise their authority in accordance with applicable law.
B. A developer shall read and understand the development code. The developer shall be responsible for compliance with the standards and requirements of the development code, and shall be prepared to fulfill the obligations placed on the developer by the development code.
C. Criteria for review of the matters listed in this chapter are set forth in other provisions of the development code. (Ord. 2005-609 § 2)
14.03.020 Director of community development.
A. General. The director of community development shall be responsible for the administration and enforcement of the development code and shall have the authority to take all actions appropriate, necessary or required in that regard.
B. Without limiting the foregoing, the director shall review and act on the following matters:
1. Administrative Interpretations. All interpretations required in the administration or enforcement of the development code and all administrative interpretations requested under MCMC 14.09.010.
2. Administrative Decisions. All administrative decisions required or permitted under the development code and all administrative decisions set forth in MCMC 14.09.010 and 14.09.020. (Ord. 2005-609 § 2)
14.03.030 City council.
A. General. The city council shall exercise both legislative and quasi-judicial authority as permitted or required by law.
B. Without limiting the foregoing, the city council shall review and act on the following matters:
1. All legislative actions relating to the city’s comprehensive plan, subarea plans, development regulations, policies, statutes, and regulations, including without limitation administrative amendments under MCMC 17.38.020(B).
2. Recommendations of the planning commission, including plats, subdivisions, planned area developments, binding site plans and other development permits.
3. Appeal of planning commission recommendations.
4. Appeal of administrative interpretations.
5. Appeal of administrative decisions.
6. Appeal of design review board decisions.
7. Appeal of stormwater rate adjustments under MCMC 8.12.070.
8. Appeal of enforcement actions or other decisions as specified in the development code. (Ord. 2005-609 § 2)
14.03.040 Planning commission.
A. General. The planning commission shall review and make recommendations to the city council on the legislative and quasi-judicial matters set forth below and as the council may otherwise direct. To the extent that any of said quasi-judicial actions are required by any statute to be made by a hearing examiner, the planning commission is hereby so designated as such. The planning commission may propose to the city council that action be initiated on the matters set forth below.
B. The planning commission shall review and make recommendations to the city council on the following applications and matters, including all environmental (i.e., SEPA) appeals related to those underlying actions, except that planning commission review or recommendation is not required on nonsubstantive, procedural changes to the development code:
1. Adoption or amendments to the comprehensive plan, including subarea plans.
2. Adoption or amendments to MCMC Title 15.
3. Adoption or amendments to MCMC Title 16.
4. Adoption or amendments to MCMC Title 17 and official city maps.
5. Adoption or amendments to MCMC Title 18.
6. Plats and subdivisions (except short plats), planned area developments and binding site plans.
7. Conditional use permits for public parks.
8. Variances to the requirements of the code, except those falling under the uniform codes and for which the board of adjustment/appeals has authority.
9. Reasonable use exceptions under MCMC 18.06.430.
10 Nonconforming sign amortization periods under MCMC 17.32.040.
11. Other decisions as specified in the development code.
12. Other matters falling under Chapter 35A.63 RCW unless assigned to another board, body or entity. (Ord. 2005-609 § 2)
14.03.060 Design review board.
The design review board shall review and act on the following matters:
A. All applications requiring building permits except single-family detached residences as specified in Chapter 2.24 MCMC.
B. Landscape plans, site design and all other matters as specified in Chapter 17.34 MCMC.
C. Signs as specified in Chapter 17.26 MCMC. (Ord. 2005-609 § 2)
14.03.070 Board of appeals/adjustment.
The board of appeals/adjustment shall review and act on the following subjects:
A. Appeals of decisions of the building official on the interpretation or application of the uniform codes adopted in MCMC Title 15.
B. Disapproval of a permit for failure to meet the uniform codes adopted in MCMC Title 15.
C. Other quasi-judicial matters as may be expressly delegated to the board by the city council. (Ord. 2005-609 § 2)