Chapter 26.01
PLANNING AGENCY

Sections:

26.01.010    Purpose and authority.

26.01.020    Department of Community Development.

26.01.030    Planning Commission.

26.01.031    Transition clause to stagger expiration dates for appointees.

26.01.040    Duties and responsibilities of the Department.

26.01.050    Duties and powers of Commission.

26.01.060    Organization and business of the Commission.

26.01.062    Western Clallam County Planning Commission established.

26.01.064    Western Regional Planning Commission – Area defined.

26.01.070    Administrative procedures.

26.01.080    Enforcement.

26.01.090    Expenditures.

26.01.100    Repealer.

26.01.110    Severability.

SOURCE:    ADOPTED:

Ord. 383    06/19/90

AMENDED SOURCE:    ADOPTED:

Ord. 514    08/10/93

Ord. 556    12/13/94

Ord. 631    02/03/98

Ord. 820    04/03/07

26.01.010 Purpose and authority.

The purpose of this chapter is to provide the authority for guiding and regulating the physical development of Clallam County as provided for in Chapter 36.70 RCW and the Clallam County Charter, as now or hereafter amended. A Planning Department, which shall be the Department of Community Development, is hereby created pursuant to RCW 36.70.040 and together with the Planning Commission, which is hereby created, shall be the planning agency for Clallam County. The authority for planning shall be as authorized in RCW 36.70.040 and the Clallam County Charter, as now or hereafter amended. The Clallam County Comprehensive Plan, as adopted by Ordinance No. 175, 1982, and all subsequent amendments, and all official controls which implement the Comprehensive Plan are hereby adopted under the authority of Chapters 36.70 and 36.70A RCW and the Clallam County Charter, as now or hereafter amended.

26.01.020 Department of Community Development.

The Department of Community Development shall contain the Planning Department or Division for Clallam County and is authorized pursuant to RCW 36.70.040. The Planning Commission, as authorized in this chapter, and the Shorelines Committee, as authorized in Chapter 26.02 CCC, shall assist the Department of Community Development in carrying out its planning related duties. The Director of the Department shall be responsible to the County Administrator and the Board of Commissioners. The Director of the Department may delegate the duties and procedures imposed by this title upon Division managers.

26.01.030 Planning Commission.

The Planning Commission shall assist the Planning Department in carrying out its duties, including assistance in the preparation and execution of the Comprehensive Plan and recommendations to the Department for the adoption of official controls and/or amendments thereto. The Commission shall consist of nine members and shall be structured so as to provide as nearly as possible an equal number of representatives from each Commissioner District. The members of the Commission shall be appointed by the Board of Commissioners. The term of office shall be four years. Members now serving on the Commission created by Ordinance No. 69, 1976, are hereby confirmed as members of the Commission created by this chapter for the remainder of their current terms of office. Vacancies occurring on the Commission other than through the expiration of a term shall be filled for the unexpired term. Members may be removed from office as set forth in RCW 36.70.110, as now or hereafter amended. Members shall reside in the respective Commissioner District, shall be selected without respect to political affiliation, shall not be paid officials nor employees of Clallam County and shall be selected in accordance with the equal opportunity guidelines of the Clallam County Charter.

26.01.031 Transition clause to stagger expiration dates for appointees.

Term of office for Planning Commission appointees was changed from six years to four years by Ordinance No. 383, 1990. A result of that change was the concurrent expiration of appointments to the Commission. It is desirable to stagger the expiration of terms to provide continuity on the Commission. Therefore, the following table establishes expiration dates for this transition period. Thereafter, all appointments will be four years as intended in CCC 26.01.030.

Subdistrict Designation

New Expiration Date

For appointments that are effective January 1, 1995:

 

District Ia

One two-year term expiring December 31, 1996

District Ib

One three-year term expiring December 31, 1997

District Ic

One four-year term expiring December 31, 1998

District IIa

One three-year term expiring December 31, 1997

District IIb

One four-year term expiring December 31, 1998

For appointments that are effective January 1, 1997:

 

District IIc

One three-year term expiring December 31, 1999

District IIIa

One three-year term expiring December 31, 1999

District IIIb

One four-year term expiring December 31, 2000

For appointment effective July 1, 1998:

 

District IIIc

One four-year term expiring June 30, 2002

 

No change is necessary. Continues on four-year cycle.

The positions have been designated subdistrict identification for the purpose of this chapter only. Applicants may choose which subdistrict they apply for, each with differing lengths of term. The application forms shall be modified to permit filing for a specific subdistrict.

26.01.040 Duties and responsibilities of the Department.

The Department is responsible for the duties and procedures as directed by the County Administrator and the Board. The duties of the Department shall include, but not be limited to, the following:

(1) The development and implementation of the Comprehensive Plan as outlined in Chapter 36.70 RCW.

(2) The development and administration of all ordinances required to implement the Comprehensive Plan, including but not limited to the land division, zoning, shoreline, floodplain, recreational vehicle and mobile home park, environmental policy, open space classification and any other ordinance relating to the physical development of the County as assigned by the Board.

(3) The Director or his or her representative shall serve as secretary to the Planning Commission and the Shorelines Committee.

(4) The Department shall be responsible for coordinating and implementing the State Environmental Policy Act and the Clallam County Environmental Policy Ordinance. The Director or designee shall serve as the responsible official under these rules.

(5) The Department shall conduct research as necessary to monitor growth trends and development activities and report to the Planning Commission and Board on their findings.

(6) The Department shall prepare forms and application materials as necessary to implement the various planning ordinances and the Department shall be responsible for ensuring that the applications are complete and meet the necessary requirements for content.

(7) The Department shall perform such other duties as required by the Board.

(8) The Director or his or her designee shall also make such interpretations as are necessary to carry out the spirit and intent of the Comprehensive Plan or the ordinances which implement the plan and may take action on land use permits as authorized by ordinance.

26.01.050 Duties and powers of Commission.

The Commission shall be responsible to the Planning Department and the Board for its duties and actions. The duties and powers of the Commission shall include, but not be limited to, the following:

(1) Policy recommendations on the development and implementation of the Comprehensive Plan in accordance with the authority of Chapter 36.70 RCW, as now or hereafter amended.

(2) Policy recommendations on the development of all ordinances or official controls and amendments thereto which implement the Comprehensive Plan.

(3) Recommendations on all rezones, subdivision plats, planned unit developments, subdivision variances and other requests brought by the Board or the Department.

(4) Enter written findings, conclusions and decisions following public hearings on any matter before the Commission.

(5) Decisions of the Planning Commission may include conditions to permits which are reasonable and necessary to further the public health, safety, welfare, use and interest and maintain the spirit and intent of County ordinances or an adopted Comprehensive Plan for the County.

(6) Keep a written record of all meetings and decisions before the Commission.

(7) Other matters referred by the Board of Commissioners.

26.01.060 Organization and business of the Commission.

(1) The Commission shall be organized and conduct business as outlined in Chapter 36.70 RCW, as now or hereafter amended.

(2) The Commission shall elect its own chairman and vice chairman from among its members. The Director or representative shall serve as secretary to the Commission. The Commission shall adopt rules and/or bylaws for the transaction of business and keep a written record of its meetings, resolutions, findings, conclusions and determinations, which shall be a matter of public record.

(3) The recommendation by the Commission to the Board of any official control or amendments thereto, as defined in Chapter 36.70 RCW, as now or hereafter amended, shall be by the affirmation vote of not less than a majority of the total members of the Commission. Action on permits other than official controls shall be by a majority of those present. Failure to obtain a majority vote shall be considered a denial of the action.

(4) The Commission shall hold at least one regular meeting each month; provided, that the Commission, if authorized by its own rules and bylaws, may meet twice monthly and for such other meetings as it may deem necessary to carry out the duties of the Commission; provided further, that if no matters over which the planning agency has jurisdiction are pending upon its calendar, a meeting may be canceled.

(5) Public hearings before the Commission are scheduled by the Director or designee according to the rules and procedures adopted by the Department. Agendas for Commission meetings shall be developed by the Director or designee in coordination with the chairman of the Commission.

26.01.062 Western Clallam County Planning Commission established.

A Western Clallam County Planning Commission is hereby created to serve as a regional planning commission for the area specified in CCC 26.01.064. The purpose of this regional planning commission is to work jointly and cooperatively with the City of Forks and surrounding area in regional planning and to formulate and recommend to the legislative bodies of the City of Forks and Clallam County the Comprehensive Plan elements required by the Growth Management Act. Pursuant to Chapter 36.70 RCW and Chapter 26.01 CCC, the Commission shall have the jurisdiction, functions, and authority to carry out a complete planning program to formulate and recommend the Growth Management Act Comprehensive Plan elements identified herein and shall have all powers, functions, and authority as would be otherwise imparted and conferred on a planning commission. The Commission shall consist of seven members, three members appointed by the Board of Clallam County Commissioners, three members appointed by the City of Forks, and the seventh member mutually appointed by Clallam County and the City of Forks. The term of office for each Commission member shall be either (1) the time necessary for both the City and County to execute a final adoption of some form of the Comprehensive Plan elements formulated by this Commission; or (2) three years from the effective date of this chapter, whichever is shorter. All members appointed to the Commission shall reside or own property within the planning area specified in CCC 26.01.064. Notwithstanding the creation of the Western Clallam County Planning Commission, the City of Forks Planning Commission and the Clallam County Planning Commission shall still be active and responsible for all Planning Commission functions, authority and jurisdiction not conferred by this chapter.

26.01.064 Western Regional Planning Commission – Area defined.

The Western Regional Planning Commission shall have authority to formulate Comprehensive Plan elements for the area within the Quillayute Valley School District.

26.01.070 Administrative procedures.

The Department and the Divisions thereunder may adopt administrative procedures and policies to carry out the duties assigned by this chapter and other chapters and to provide interpretation, clarification or amplification on State or County codes and their Departmental administration. Administrative procedures and policies shall be approved by the Director with legal counsel from the Prosecuting Attorney’s office, when necessary. The Department shall advise and/or consult with the Planning Commission, Shorelines Committee and/or Board of Commissioners, as applicable, prior to implementing an administrative policy or procedure. Administrative policies or procedures may be overturned by legislative action of the Board of Commissioners or by reconsideration by the Director. The Department and each Division thereunder shall make available to the public any adopted administrative procedures and policies.

26.01.080 Enforcement.

The Director (or his or her designee) is hereby authorized and directed to enforce the provisions of all ordinances under the planning agency authority according to the provisions of CCC Title 20, Code Compliance.

26.01.090 Expenditures.

The expenditures of the planning agency shall be as set forth in the official budget of the Department of Community Development and shall be under the control of the Department Director, the County Administrator and the Board.

26.01.100 Repealer.

Ord. 69, 1976 is hereby repealed.

26.01.110 Severability.

If any portion of this chapter or any application thereof is held invalid or unconstitutional for any reason by a court of competent jurisdiction, such portion thereof or any application thereof shall not affect the validity of the remaining portions of the ordinance or its applicability to other persons or circumstances.