ORDINANCE NO. 688
AN ORDINANCE OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, AMENDING UNIVERSITY PLACE MUNICIPAL CODE TITLE 1 GENERAL PROVISIONS, TITLE 5 BUSINESS LICENSES AND REGULATIONS, TITLE 9 PUBLIC SAFETY, TITLE 10 TRAFFIC, TITLE 12 UTILITIES, TITLE 13 PUBLIC WORKS CODE, TITLE 14 BUILDING, TITLE 17 CRITICAL AREAS, TITLE 19 ZONING, TITLE 21 SUBDIVISION REGULATIONS, TITLE 22 ADMINISTRATION OF DEVELOPMENT REGULATIONS, AND TITLE 23 TELECOMMUNICATIONS, PERTAINING TO DEVELOPMENT REGULATIONS, CODE ENFORCEMENT AND COMMUNITY COMMERCIAL ZONE DESIGN STANDARDS AND GUIDELINES
WHEREAS, the City Council established and appointed the Planning Commission to advise the City Council on the following topics: growth management; general land use and transportation planning; long range capital improvement plans; and other matters as directed by the City Council; and
WHEREAS, the Planning Commission is charged with holding hearings on and developing a comprehensive plan for the City and making recommendations to the City Council on amendments to the comprehensive plan, the zoning code and map, and other development regulations of the City.
WHEREAS, on November 16, 2015, Council adopted Ordinance 662, thereby amending the City’s development regulations in accordance with GMA Periodic Update requirements per RCW 36.70A.130; and
WHEREAS, the proposed miscellaneous code amendments are intended to build on the 2015 amendments in terms of assisting with the implementation of the Comprehensive Plan, improving code clarity, simplifying code administration, and providing greater flexibility in how citizens may use and enjoy their properties while ensuring that improvements to these properties will not negatively impact nearby properties; and
WHEREAS, on March 16, 2015, Council adopted Ordinance 654, thereby establishing a new municipal code Chapter 1.30 Civil Infractions, which allows the City to issue tickets for code violations enforced under UPMC 1.30; and
WHEREAS, subsequent to adoption, the City determined that some of the existing violation, enforcement and penalty provisions contained in various municipal code titles did not specifically authorize staff to use the new chapter as an enforcement tool, and the proposed code enforcement amendments would rectify this by enacting numerous minor amendments to reference UPMC 1.30 as a viable enforcement tool and provide consistency throughout the code; and
WHEREAS, the City issued a Determination of Non-significance and Environmental Checklist relating to proposed miscellaneous code amendments and code enforcement amendments on March 28, 2016 with a 14-day comment period, and no adverse comments were received; and
WHEREAS, the City submitted a Notice of Intent to Adopt to the Washington State Department of Commerce on March 28, 2016, which was issued to state agencies for a 60-day comment period per RCW 36A.70, and did not receive any formal comments in response to this Notice; and
WHEREAS, the City published a public hearing notice in the Tacoma News Tribune on March 28, 2016 regarding an April 20, 2016 Planning Commission public hearing to be held on the draft amendments; and
WHEREAS, the Planning Commission conducted a public hearing on April 20, 2016 and voted unanimously to recommend to the City Council approval of the proposed amendments; and
WHEREAS, the City Council conducted a public review of the recommended amendments at study sessions held on March 20, 2017 and May 15, 2017; and
WHEREAS, the City Council has considered the Planning Commission’s recommendations and has made the following findings and conclusions:
1. The proposed amendments are consistent with the goals, objectives and policies of the Comprehensive Plan, amended November 23, 2015, and will more effectively manage change in the community consistent with Comprehensive Plan policy direction;
2. The proposed amendments are in the best interest of the citizens and property owners of the City, as the amended regulations will help implement the Comprehensive Plan, improve code clarity, simplify code administration, and provide greater flexibility in how citizens may use and enjoy their properties while ensuring that improvements to these properties will not negatively impact nearby properties; and
3. The proposed amendments enhance the public health, safety, comfort, convenience or general welfare by enhancing the City’s ability to effectively enforce its development regulations in a manner supported by the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. University Place Municipal Code Title 1 General Provisions, Title 5 Business Licenses and Regulations, Title 9 Public Safety, Title 10 Traffic, Title 12 Utilities, Title 13 Public Works Code, Title 14 Building, Title 17 Critical Areas, Title 19 Zoning, Title 21 Subdivision Regulations, Title 22 Administration of Development Regulations, and Title 23 Telecommunications Amendments Adopted. The City of University Place Municipal Code is hereby amended as indicated in Exhibits “A”, “B” “C”, “D” and “E”, attached.
Section 2. Severability. If any section, sentence, clause or phrase of this Title shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Title.
Section 3. Publication and Effective Date. A summary of this ordinance, consisting of its title, shall be published in the official newspaper of the City. This ordinance shall be effective five (5) days after its publication.
PASSED BY THE CITY COUNCIL ON JUNE 5, 2017.
Javier H. Figueroa, Mayor
Emelita Genetia, City Clerk
APPROVED AS TO FORM:
Steve Victor, City Attorney
Effective Date: 06/12/17