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SMP Ordinance Exhibits
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2021-05-18 10:00 AM - Commissioners' Agenda
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SMP Ordinance Exhibits
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5/13/2021 12:38:43 PM
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5/13/2021 12:35:48 PM
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Meeting
Date
5/18/2021
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
e
Item
Request to Approve an Ordinance Concerning the Shoreline Master Program Periodic Review Required by RCW 90.58.080(4)
Order
5
Placement
Consent Agenda
Row ID
76503
Type
Ordinance
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shall be submitted to the Washington State Department of Ecology upon a final decision <br />by local government, pursuant to WAC 173-27-130. <br />b. Modified project. When the project has been modified in the course of the review <br />proceeding, plans or text shall be provided to the local government that clearly indicate the <br />final approved plan, and the local government shall reissue the permit accordingly and <br />submit a copy of the reissued permit and supporting documents consistent with KCC <br />17B.07.070(6) to the Washington State Department of Ecology for completion of the file on <br />the permit. The purpose of this provision is to assure that the local and Ecology files on the <br />permit are complete and accurate and not to provide a new opportunity for appeal of the <br />permit. <br />a. Conditional use permits and variances. Shoreline Conditional Use Permits and Variances <br />shall be transmitted to the Washington State Department of Ecology for final approval, <br />denial, or approval with conditions. <br />i. The permit and documentation of the final local decision will be mailed together with <br />the complete permit application; a findings and conclusions letter; a permit data form <br />(cover sheet); and applicable SEPA documents. <br />ii. Consistent with RCW 90.58.140(6), the state’s Shorelines Hearing Board twenty-one <br />day appeal period starts with the date of filing, which is defined below: <br />1. For projects that only require a Substantial Development Permit: the date <br />that Ecology receives Kittitas County’s decision. <br />2. For a Conditional Use Permit (CUP) or Variance: the date that Ecology’s <br />decision on the CUP or Variance is transmitted to the applicant and Kittitas <br />County. <br />1.3. For SDPs simultaneously mailed with a CUP or Variance to Ecology: the date <br />that Ecology’s decision on the CUP or Variance is transmitted to the <br />applicant and Kittitas County. <br />(Ord. 2016-006, 2016) <br /> <br />17B.07.080 Appeals. <br />Any person aggrieved by the granting, denying, or rescinding of a permit on shorelines of the state <br />may seek review from the shorelines hearings board by filing a petition for review within twenty-one <br />(21) days of the date of filing of the decision, pursuant to RCW 90.58.180. (Ord. 2016-006, 2016) <br /> <br />17B.07.090 Timing. <br />1. Applicability. The time requirements of this Section shall apply to all Substantial Development <br />Permits and to any development authorized pursuant to a Variance or Conditional Use Permit. <br />2. Effective date. The effective date of a Substantial Development Permit shall be the date of filing <br />as provided in RCW 90.58.140(6). <br />3. Commencement. Construction activities associated with a shoreline permit are not authorized <br />and shall not begin until twenty-one (21) days from the date of filing or until all review <br />proceedings initiated within twenty-one (21) days from the date of such filing have been <br />terminated. Construction activities, or the use or activity where no construction activities are <br />involved, shall be commenced within two (2) years of the effective date of a Substantial <br />Development Permit.
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