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BOCC Ordinance - Amend and Adopt CAO
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2021-12-07 10:00 AM - Commissioners' Agenda
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BOCC Ordinance - Amend and Adopt CAO
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Last modified
12/2/2021 1:21:03 PM
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12/2/2021 1:18:11 PM
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Meeting
Date
12/7/2021
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve an Ordinance for Amendments to Kittitas County Code Title 17A, Critical Areas
Order
30
Placement
Consent Agenda
Row ID
83921
Type
Ordinance
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policy document, and may be utilized to verify or dispute the designation or existence of critical <br />areas on any property. <br />The critical areas checklist shall be processed concurrently with all other development permits <br />requested concerning the site. After the application is complete, the director shall make a binding <br />determination as to whether the parcel contains critical areas. The written determination shall include <br />findings setting forth the basis for the determination. The written determination shall be made within <br />fifteen business days of submittal of a complete checklist, together with receipt of the complete <br />application as to any other related land use permit being requested for the parcel. <br />The director's decision may be appealed by the applicant to the Kittitas County board of <br />commissioners, except that if the underlying permits require processing by any other decisionmaker, <br />such as the Kittitas County planning commission, or Hearing Examiner, the appeal shall lie to that <br />body. That body shall either make a final decision, or a recommendation to the board of <br />commissioners, consistent with the nature of the underlying permit, concerning the critical areas <br />designation and related mitigation. The decision or recommendation shall be coordinated with the <br />decisionmaker's final decision or recommendation on the underlying permit. If the board of county <br />commissioners does not have jurisdiction to review the underlying permit, such as a conditional use <br />permit granted by a Hearing Examiner and appealable directly from that board to superior court, the <br />board of county commissioners shall nevertheless have jurisdiction of all appeals under this critical <br />areas ordinance which de novo appeal shall be heard prior to the need to file an appeal on the <br />underlying permit in superior court. (Ord. 2012-009, 2012; Ord. 94-22 (part), 1994). <br />17A.03.045 Coordination with the State Environmental Policy Act and other concurrent <br />permitting. <br />Coordination with the State Environmental Policy Act and other concurrent permitting. The director <br />shall coordinate application of the critical areas ordinance with any required SEPA review and the <br />processing of any other associated permits. Any required critical areas mitigation shall be separate <br />from SEPA conditions imposed as part of a threshold determination. The objective is to provide a <br />concurrent, coordinated, and consistent review of development activities within critical areas, without <br />creating another regulatory review or appeal process. (Ord. 94-22 (part), 1994). <br />17A.03.050 Appeal deadlines. <br />Appeal deadlines. All appeals of the director's decision concerning critical area designation or other <br />discretionary decision making under this chapter shall utilize the same timelines for appeals related <br />to any underlying permits. In the event there is no underlying permit, or the appeal deadline is not <br />clear from other county ordinances, appeals must be filed with the board of commissioners no more <br />than twenty business days following the date of mailing the decision to the applicant. All appeals <br />shall be de novo, and conducted by the board of commissioners at a public hearing no later than a <br />month following the filing of the appeal, with issuance of a decision no more than ten business days <br />from the public hearing, or as otherwise agreed by the appellant and the board. The board's decision <br />shall be final, subject to appeal to superior court. (Ord. 94-22 (part), 1994). <br />17A.03.055 Inventory of available information. <br />Inventory of available information. The Kittitas County planning department shall maintain an <br />inventory of available information which shows the location, referenced in this chapter, of critical <br />areas. This information shall be made available to the public. The planning department shall prepare <br />materials which enable citizens to clearly understand the location of critical areas on and adjacent to
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