HomeMy WebLinkAbout2656ORDINANCE NO. 2656
AN ORDINANCE of the City of Port Angeles
establishing interim environmentally
sensitive areas protection and creating
Chapter 15.20 of the Port Angeles
Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN
as follows:
Section 1. There is hereby created Chapter 15.20 of the
Port Angeles Municipal Code, to read as follows:
CHAPTER 15.20
ENVIRONMENTALLY SENSITIVE AREAS PROTECTION
Sections:
15.20.010 Findings of Fact
15.20.020 Purpose.
15.20.030 Definitions.
15.20.040 Applicability.
15.20.050 Permitted Uses.
15.20.060 Submittal Requirements.
15.20.070 Development Standards.
15.20.080 Development Exceptions.
15.20.090 Tracts and Easements.
15.20.100 Securities and Enforcement.
15.20.010 - Findings of Fact.
The City Council of the City of Port Angeles hereby finds
that:
A. Development in stream corridors results in:
1. Siltation of streams, which destroys spawning
beds, kills fish eggs and alevins, irritates fish gills, reduces
aquatic insect populations, fills stream channels, and causes
flooding;
2. Loss of stream corridor vegetation, which
raises stream temperatures, destabilizes streambanks, causes
erosion, removes nutrients by removing source of fallen leaves and
streamside insects, increases sedimentation, and reduces
recruitment of large wood debris necessary for stream structure;
3. Elimination of wildlife and fish habitat. The
stream corridor is especially sensitive and is recognized as being
among the most productive terrestrial and aquatic ecosystems. It
-1-
usually provides all four of the basic habitat components - water,
food, cover and space. The stream corridor is usually richer in
habitat diversity and, consequently, wildlife diversity and
numbers of individuals are higher than in adjoining upland plant
communities. Certain fish and wildlife species are totally
dependent on the stream corridor and as uplands are developed,
stream corridors become a place of refuge for many wildlife
species;
4. Increased peak flow rates and decreased summer
low flow rates of streams, resulting in negative impacts to the
physical and chemical requirements critical for sustained fish
populations;
5. Stream channelization, which increases current
velocity and bank erosion, removes critical fish rearing and
spawning habitat, and reduces habitat diversity and simplifies the
biotic community;
6. Piping of streamflow and crossing of streams by
culverts, which increases potential for downstream flooding,
reduces migratory fishery range and, therefore, fish populations,
removes habitat, and eliminates the biotic community; and
7. Construction near or within streams, which
adversely
degrading
impacts
water
property damage,
fish and wildlife by destroying habitat and
quality and increases potential for flooding,
and risk to public health, safety, and welfare.
B. Development of geological (erosion hazard, landslide
hazard, seismic hazard) hazard areas and steep slopes results in:
1. Potential threat to the health and safety of
residents and employees of businesses within the City;
2. Potential damage or loss to public and private
property within the City;
3. Potential degradation of water quality and the
physical characteristics of waterways due to increased
sedimentation;
4. Potential losses to the public as a result of
-2-
increased expenditures for replacing or repairing public
facilities; providing publicly funded facilities to reduce or
eliminate potential hazards to life and property; providing
emergency rescue and relief operations; and from potential
litigation resulting from incompatible development in these areas.
C. Development of fish and wildlife habitat areas
results in:
1. Losses in the numbers and varieties of aquatic
and terrestrial wildlife species;
2. Loss of streamside vegetation that increases
erosion and sedimentation, and reduces the quality of water
resources;
3. Loss of opportunities for outdoor recreation
such as hunting, fishing, bird - watching, sightseeing and similar
activities;
4. Loss of economic opportunities in forestry,
fisheries, shellfish and tourism industries;
5. Loss of opportunities for scientific research
and education.
D. Development of locally unique land features
(ravines, marine bluffs, beaches) results in:
1. Disruption of the natural functioning of region
surface drainage systems and the aquatic and terrestrial wildlife
that depend on this habitat;
2. Increased threat to life and property as a
consequence of exposure to geologic hazards and flooding;
3. Disruption of natural longshore drift processes
that help maintain Ediz Hook and Port Angeles Harbor;
4. Destruction of natural greenbelts that serve to
enhance the visual character of the community and serve as
"community separators" that reduce the perceived degree of
urbanization;
5. Loss of opportunities for trail systems and
other forms of passive recreation.
-3-
15.20.020 - Purpose. Surface streams and flood hazards,
geologic hazards (erosion, landslide, seismic), steep slopes, fish
and wildlife habitat areas, locally unique features (ravines,
marine bluffs, beaches) and protective buffers constitute
environmentally sensitive areas that are of special concern to the
City of Port Angeles. The purpose of this Chapter is to protect
the environmentally sensitive resources of the Port Angeles
community on an interim basis as required by the Growth Management
Act and as provided in the Guidelines promulgated by the
Department of Community Development. Accordingly, the intent of
this Chapter is to use a performance -based approach and establish
minimum standards for development of properties which contain or
adjoin environmentally sensitive features and to protect the
public health, safety, and welfare in regard to environmentally
sensitive areas by:
A. Mitigating unavoidable impacts by regulating alterations;
B. Protecting from impacts of development by regulating
alterations;
C. Protecting the public from personal injury, loss of life
or property damage due to flooding, erosion, landslides, seismic
events, or soil subsidence;
D. Protecting against publicly financed expenditures in the
event environmentally sensitive areas are misused, which causes:
1. Unnecessary maintenance and replacement of public
facilities;
2. Publicly funded mitigation of avoidable impacts;
3. Cost for public emergency rescue and relief
operations where the causes are avoidable; or
4. Degradation of the natural environment;
E. Protecting the public trust in navigable waters and as
to aquatic resources;
F. Preventing adverse impacts to water availability, water
quality and streams;
G. Protecting unique, fragile, and valuable elements of the
-4-
environment, including wildlife and its habitat;
H. Alerting appraisers, assessors, owners, potential
buyers, or lessees to the development limitations of environ-
mentally sensitive areas;
I. Providing City officials with sufficient information to
adequately protect environmentally sensitive areas when approving,
conditioning, or denying public or private development proposals;
and
J. Implementing the policies of the State Environmental
Policy Act, Section 43.21C RCW; the City of Port Angeles
Comprehensive Plan; this Chapter of the Port Angeles Municipal
Code; and all updates and amendments, functional plans, and other
land use policies formally adopted or accepted by the City of Port
Angeles.
K. Provide protection of environmentally sensitive areas for
an interim period until the City can complete more detailed
studies of the environmentally sensitive areas within the City and
adopt a comprehensive set of policies pertaining to protection of
environmental resources and amend regulations which implement the
policies.
15.20.030 - Definitions. For the purposes of this
Chapter, the following definitions shall apply:
A. "Beaches and associated coastal drift process areas"
means the areas that encompass marine shorelines which contain
important sites of material supply, transport and deposition that
define the present landforms and natural character of the Port
Angeles shoreline.
B. "Critical areas" and "environmentally sensitive areas"
include any of the following areas and ecosystems:
1. Wetlands;
2. Streams or stream corridors;
3. Frequently flooded areas;
4. Geologically hazardous areas:
a. Erosion hazard areas,
-5-
b. Landslide hazard areas,
c. Seismic hazard areas;
5. Significant fish and wildlife habitat areas; and
6. Locally unique features:
a. Ravines;
b. Marine bluffs;
c. Beaches and associated coastal drift
processes.
C. "Erosion hazard areas" means those areas containing
soils which, according to the United States Department of
Agriculture Soil Conservation Service Soil Classification System,
may experience severe to very severe erosion.
D. "Frequently flooded areas" means lands in the floodplain
subject to a one percent or greater chance of flooding in any
given year (the 100 -year storm flood). These areas include but
are not limited to streams, rivers, lakes, coastal areas,
wetlands, and the like.
E. "Geologically hazardous areas" means areas that because
of their susceptibility to erosion, sliding, earthquake, or other
geological event, are not suited to siting commercial, residen-
tial, or industrial development consistent with public health or
safety concerns.
F. "Habitats of local importance" means a seasonal range or
habitat element with which a given species has a primary associa-
tion, and which, if altered, may reduce the likelihood that the
species will maintain and reproduce over the long -term. These
might include areas of high relative density or species richness,
breeding habitat, winter range, and movement corridors. These
might also include habitats that are of limited availability or
high vulnerability to alteration, such as cliffs, talus, and
wetlands.
G. "Landslide hazard areas" means areas potentially subject
to risk of mass movement due to a combination of geologic,
topographic, and hydrologic factors. The following areas are
-6-
considered to be subject to landslide hazards:
1. Areas of historic failures or potentially unstable
slopes, such as areas mapped within Soils Conservation Service
Slide Hazard Area Studies; as unstable by the 1978 Coastal Zone
Atlas; and as quarternary slumps, earthflows, mudflows, lahars, or
landslides on maps published by the United States Geological
Survey or Department of Natural Resources Division of Geology and
Earth Resources.
2. Any area with a combination of: (a) slopes fifteen
percent (15 %) or steeper, and (b) impermeable soils (typically
silt and clay) frequently interbedded with granular soils
(predominantly sand and gravel); and, (c) springs or ground water
seepage.
3. Any slope forty percent (40 %) and with a vertical
relief of ten or more feet except areas composed of consolidated
rock.
4. Any slope greater than eighty percent (80 %).
5. Any area which has shown movement during the past
10,000 years or which is underlain by mass wastage debris from
that period of time.
6. Any area potentially unstable as a result of rapid
stream incision, stream bank erosion (e.g. ravines) or under-
cutting by wave action (e.g. marine bluffs).
H. "Locally unique features" means landforms and features
that are important to the character of the City of Port Angeles
and the adjoining Port Angeles Urban Growth Area. These features
or landforms usually contain more than one "critical area ".
Locally unique features in the Port Angeles region include
ravines, marine bluffs, and beaches and associated coastal drift
processes.
I. "Locally unique feature zones" means variable width
planning areas defined as setbacks from the top of ravines or
bluffs, or corresponding to the the shoreline management zone for
beaches and associated coastal drift processes.
-7-
J. "Marine bluffs" means coastal features resulting from
wave erosion undercutting uplands located adjacent to the
shoreline, creating vertical cliffs that are an important source
of sediment for coastal drift processes and the landforms created
by these processes.
K. "Priority habitats" means areas with one or more of the
following attributes: comparatively high wildlife density; high
wildlife species richness; significant wildlife breeding habitat,
seasonal ranges, or movement corridors; limited availability;
and /or high vulnerability.
L. "Ravines" means narrow gorges normally containing steep
slopes, having little or no defined floodplain, and deeper than
ten (10) vertical feet as measured from the centerline of the
ravine to the top of the slope.
M. "Seismic hazard areas" means areas subject to severe
risk of damage as a result of earthquake induced ground shaking,
slope failure, settlement, soil liquefaction, or surface faulting.
These conditions occur in areas underlain by cohesionless soils of
low density usually in association with a shallow groundwater
table.
N. "Steep slope hazard areas" means any ground that rises
at an inclination of forty percent (40 %) or more within a vertical
elevation change of at least ten (10) feet (a vertical rise of ten
feet or more for every twenty -five feet of horizontal distance).
A slope is delineated by establishing its toe and top and measured
by averaging the inclination over at least ten feet of vertical
relief.
0. "Stream corridor zones" means variable width planning
areas defined as setbacks from the ordinary high water elevation
of the stream or watercourse, or from the top of the bank or dike.
Zones include both year -round and seasonal waterways, but vary in
width depending on the rating of the stream. If the stream or
watercourse is contained within a ravine, the corridor zone will
be established using the Locally Unique Feature Corridor Zone.
-8-
P. "Species of Concern and Priority Species Habitat" means
habitat supporting: (a) wildlife species that are of concern due
to their population status and their sensitivity to habitat
alteration; and (b) recreationally important species for which the
maintenance of a stable population and surplus for recreation may
be affected by habitat loss or change.
Q. "Water types" include categories established pursuant to
WAC 222 -16 -020 and -030, as follows:
1. "Type 1 water" means all waters, within their
ordinary high -water mark, as inventoried as "shorelines of the
state" under chapter 90.58 RCW, but not including those waters'
associated wetlands.
2. "Type 2 water" shall mean segments of natural
waters which are not classified as Type 1 water and have a high
use and are important from a water quality standpoint for domestic
water supplies; public recreation; fish spawning, rearing, or
migration or wildlife uses; or are highly significant to protect
water quality. This classification shall be applied to segments
of natural waters which:
a. Are diverted for domestic use by more than 100
residential or camping units or by a public accommodation facility
licensed to serve more than 100 persons, where such diversion is
determined by the Department of Natural Resources to be a valid
appropriation of water and the only practical water source for
such users. Such waters shall be considered to be Type 2 Water
upstream from the point of such diversion for 1,500 feet or until
the drainage area is reduced by 50 percent, whichever is less;
b. Are within a federal, state, local, or private
campground having more than 30 camping units: Provided, that the
water shall not be considered to enter a campground until it
reaches the boundary of the park lands available for public use
and comes within 100 feet of a camping unit, trail or other park
improvement;
-9-
c. Are used by substantial numbers of anadromous
or resident game fish for spawning, rearing or migration. Waters
having the following characteristics are presumed to have highly
significant fish populations:
i. Stream segments having a defined channel
20 feet or greater in width between the ordinary high -water marks
and having a gradient of less than 4 percent.
ii. Impoundments having a surface area of 1
acre or greater at seasonal low water.
3. "Type 3 Water" shall mean segments of natural waters
which are not classified as Type 1 or 2 water and have a moderate
to slight use and are moderatley important from a water quality
standpoint for domestic use; public recreation; fish spawning,
rearing, or migration or wildlife uses; or have moderate value to
protect water quality. This classification shall be applied to
segments of natural waters which:
a. Are diverted for domestic use by more than 10
residential or camping units or by a public accommodation facility
licensed to serve more than 10 persons, where such diversion is
determined by the Department of Natural Resources to be a valid
appropriation of water and the only practical water source for
such users. Such waters shall be considered to be Type 3 Water
upstream from the point of such diversion for 1,500 feet or until
the drainage area is reduced by 50 percent, whichever is less;
b. Are used by significant numbers of anadromous
fish for spawning, rearing or migration. Waters having the
following characteristics are presumed to have significant
anadromous fish use:
i. Stream segments having a defined channel
of 5 feet or greater in width between the ordinary high -water
marks; and having a gradient of less than 12 percent and not
upstream of a falls of more than 10 vertical feet.
ii. Impoundments having a surface area of
less than 1 acre at seasonal low water and having an outlet to an
-10-
anadromous fish stream.
c. Are used by significant numbers of resident
game fish. Waters with the following characteristics are presumed
to have significant resident game fish use:
i. Stream segments having a defined channel
of 10 feet or greater in width between the ordinary high -water
marks; and a summer low flow greater than 0.3 cubic feet per
second; and a gradient of less than 12 percent.
ii. Impoundments having a surface area
greater than 0.5 acre at seasonal low water.
d. Are high significant for protection of
downstream water quality. Tributaries which contribute greater
than 20 percent of the flow to a Type 1 or 2 Water are presumed to
be significant for 1,500 feet from their confluence with the Type
1 or 2 Water or until their drainage area is less than 50 percent
of their drainage area at the point of confluence, whichever is
less.
4. "Type 4 water" shall mean segments of natural waters
which are not classified as Type 1, 2 or 3. Their significance
lies in their influence on water quality downstream in Type 1, 2
or 3 waters. These may be perennial or intermittent. This
classification shall be applied to segments of natural waters
which are not classified as Type 1, 2 or 3, and for the purpose of
protecting water quality downstream are classified as Type 4 Water
upstream until the channel width becomes less than 2 feet in width
between the ordinary high -water marks.
5. "Type 5 water" means all other waters, in natural
water courses, including streams with or without a well- defined
channel, areas of perennial or intermittent seepage, ponds, and
natural sinks. Drainage ways having short periods of spring
runoff are considered to be Type 5 waters. This classification
shall be applied to all natural waters not classified as Type 1,
2, 3 or 4; areas of perennial or intermittent seepage, ponds and
drainageways having short periods of spring or storm runoff.
-11-
15.20.040 - Applicability. This Section establishes
regulations for the protection of properties which are
environmentally sensitive (critical areas). Properties listed,
identified, classified, or rated as environmentally sensitive
areas are those which are or may become designated environmentally
sensitive (critical areas) by the City of Port Angeles Comprehen-
sive Plan or by separate studies which indicate that all or
portions of a particular area or specific site are environmentally
sensitive areas. A site specific analysis which indicates that
any element regulated by this Chapter is present will result in a
property being classified as environmentally sensitive.
A. All development proposals on sites which are identified
as environmentally sensitive areas shall comply with the
requirements and provisions of this Chapter. Responsibility for
administration and enforcement of the provisions of this Chapter
shall rest with the Planning Director or the Director's designee.
B. For the purposes of this Chapter, development proposals
include proposals which require any of the following: building
permit, clearing and grading permit, shoreline substantial
development permit, shoreline conditional use permit, shoreline
variance, shoreline environmental redesignation, conditional use
permit, zoning variance, zone reclassification, planned residen-
tial development, subdivision, short subdivision, or any other
land use approvals required by ordinance of the City of Port
Angeles or the Revised Code of Washington.
C. When any provision of any other City ordinance conflicts
with this Chapter, that which provides the greatest protection to
environmentally sensitive areas shall apply unless specifically
provided otherwise in this Chapter.
D. This Chapter applies to all lots or parcels on which
environmentally sensitive areas are located within the jurisdic-
tion of the City of Port Angeles. For specific environmentally
sensitive features (stream corridors, ravines, marine bluffs,
beaches), critical area zones shall be defined and designated as
-12-
set forth below to assure that the properties subject to review
under this Chapter encompass all areas necessary to maintain the
natural hydraulic and habitat functions of the critical area. The
approximate distribution and extent of environmentally sensitive
areas in the City and it's Urban Growth Area are displayed on the
following series of maps on file with the City of Port Angeles
Planning Department:
1. Wetland and Hydric Soil Composite Map, as
promulgated pursuant to the City's Wetlands Protection Ordinance,
Chapter 15.24 PAMC.
2. Environmentally Sensitive Areas Composite Maps,
which shall be prepared and revised as necessary from time to time
by the Planning Director or his designee in accordance with this
Chapter. These maps are to be used as a guide to the general
location and extent of environmentally sensitive areas. The maps
shall be used to alert the public and City officials of the
potential presence of environmentally sensitive areas on -site or
off -site of a development proposal. Given the generalized nature
of these maps and recognizing that environmentally sensitive areas
are a dynamic environmental process, the actual presence and
location of envionmentally sensitive areas, as determined by
qualified professional and technical scientists, shall be
established and protected in accordance with all the provisions of
this Chapter, which shall govern the treatment of proposed
development sites. In the event that any of the environmentally
sensitive areas shown on the maps conflict with the criteria set
forth in this Chapter, the criteria shall control.
E. The exact location of the boundary of an environment-
ally sensitive area shall be determined through the performance of
a field investigation applying the definitions and criteria
provided in this Chapter. Qualified professional and technical
scientists shall perform delineations of environmentally sensitive
area boundaries. For example, in areas where a Class II or Class
III Landslide Hazard is suspected, a geotechnical study would be
-13-
required to specifically identify the nature and extent of the
potential hazard. The Planning Director, as assisted by other
City officials, has final responsibility for the accuracy of the
submitted information. The applicant may be required to show the
location of the environmentally sensitive area boundary on a
scaled drawing as a part of a City permit application.
The Planning Director may require the delineation of the
environmentally sensitive area boundary by scientists and /or
experts retained by the applicant. Alternatively, the Planning
Director may consult with qualified professional scientists and
technical experts or other experts as needed to perform the
delineation himself, in which event the applicant will be charged
for the costs incurred in accordance with the provisions of this
Chapter.
Where the Planning Director performs an environmentally
sensitive area delineation, such delineation shall be considered
a final determination.
Where the applicant's scientists and /or experts have provided
a delineation of the environmentally sensitive area boundary, the
Planning Director shall verify the accuracy of, and may render
adjustments to, the boundary delineation. In the event the
adjusted boundary delineation is contested by the applicant, the
Planning Director shall, at the applicant's expense, obtain expert
services to render a final delineation.
15.20.050 - Permitted Uses and Development Restrictions.
A. Permitted Uses Uses permitted on properties classified
as environmentally sensitive areas shall be the same as those
permitted in the underlying zone. Each use shall be evaluated in
accordance with the review process required for the proposed use
in the underlying zone in conjunction with the requirements of
this Chapter, State and Federal regulations. Nothing in this
Chapter is intended to preclude reasonable use of property. If an
applicant feels that the requirements of this Chapter as applied
to a specific lot or parcel of land do not permit a reasonable use
-14-
of property, the applicant may request that the Planning Director
make a determination as to what constitutes reasonable use of such
property. Any decision of the Planning Director in making such a
determination shall be subject to the appeal provisions set forth
in Article XI, Section 7, Ordinance No. 1709 as amended, and the
burden of proof in such an appeal shall be upon the appellant to
prove that the determination of reasonable use made by the
Planning Director is incorrect.
B. Development Restrictions.
1. The following environmentally sensitive areas shall
remain undisturbed except as otherwise provided in Section
15.20.080, Development Exceptions:
a. Significant and important wetlands and their
buffers, pursuant to the regulations presented in the City's
Wetlands Protection Ordinance, Chapter 15.24 PAMC.
b. Surface Streams and their buffers, pursuant to
Section 15.20.070 of this Chapter.
c. Ravines, marine bluffs and their buffers,
pursuant to Section 15.20.070 of this Chapter.
d. Beaches and associated coastal drift processes
pursuant to Section 15.20.070 of this Chapter.
2. All other environmentally sensitive areas identi-
fied above in PAMC 15.20.030B are developable pursuant to the
provisions of Section 15.20.070 of this Chapter. The applicant
shall clearly and convincingly demonstrate to the satisfaction of
the Planning Director that the proposal incorporates measures
pursuant to this Chapter which adequately protect the public
health, safety and welfare.
15.20.060 - Submittal Requirements and Support Informa-
tion Required.
A. Submittal Requirements Applications for land uses or
developments proposed within areas listed, identified,
inventoried, classified, rated, or otherwise determined to be
environmentally sensitive or which have been so determined by the
-15-
Planning Director based upon a site specific analysis or such
other information supplied which supports the finding that a site
or area is likely to contain environmentally sensitive character-
istics, shall be filed with all the information requested on the
application forms available from the Planning Department. The
Planning Director may waive specific submittal requirements
determined to be unnecessary for review of a specific application
type. All developments proposed on lots or parcels which may
contain or adjoin environmentally sensitive areas, as determined
by the City, shall be evaluated by the applicant to provide the
information necessary for the Planning Department to determine if
and to what extent the site contains environmentally sensitive
characteristics. The Planning Director shall make the
determination to classify a site or portion of a site as
environmentally sensitive pursuant to the procedures set forth in
PAMC 15.20.040E. For applications which are subject to review
pursuant to SEPA, the appeal of a determination that a site is
environmentally sensitive shall be made pursuant to the SEPA
appeals procedures as set forth in PAMC 15.04.280.
B. Supporting Information Required. All land uses and
developments proposed on or adjacent to lots or parcels listed,
identified, inventoried, classified, or rated as environmentally
sensitive shall include supporting studies, prepared to describe
the environmental limitations of the site. No construction
activity, including clearing or grading, shall be permitted until
the information required by this Chapter is reviewed and approved
by the City as adequate. Special environmental studies shall
include a comprehensive site inventory and analysis, a discussion
of the potential impacts of the proposed development, and specific
measures designed to mitigate any potential adverse environmental
impacts of the applicant's proposal, both on -site and off -site, as
follows:
1. A description of how the proposed development will
or will not impact each of the following on the subject property
-16-
1
and adjoining properties;
a. Erosion and landslide hazard;
b. Seismic hazards;
c. Drainage, surface and subsurface hydrology,
and water quality;
d. Flood prone areas;
e. Existing vegetation as it relates to steep
slopes, soil stability, and natural habitat value (for wetlands,
refer to Chapter 15.24 PAMC);
f. Locally unique landforms: ravines, marine
bluffs, beaches and associated coastal drift processes;
g. Slopes greater than 40 %.
2. Recommended methods for mitigating identified
impacts and a description of how these mitigating measures may
impact adjacent properties.
3. Any additional information determined to be
relevant by the City or by the professional consultant who
prepared the study.
4. Such studies shall be prepared with assistance by
experts in the area of concern, which at a minimum shall include
the following types of experts:
a. Flood hazard areas: Professional Civil
Engineer licensed by the State of Washington;
b. Landslide Hazard Areas, Seismic Hazard Areas,
and Erosion Hazard Areas: Geologist and /or Geotechnical Engineer;
c. Steep Slopes: Geologist or Geotechnical
Engineer;
expertise;
d. Wetlands: Biologist with wetlands ecology
e. Streams, Rivers, Riparian Areas, Drainage
Corridor, Ravine: Geologist or Geotechnical Engineer;
f. Marine Bluffs, Beaches: Geologist or Geo-
technical Engineer, Oceanographer.
g.
Fish and Wildlife Habitats: Biologist
-17-
C. City Review.
1. The City may in some cases retain consultants at
the applicant's expense to assist the review of studies outside
the range of staff expertise.
2. All environmentally sensitive studies shall be
prepared under the supervision of the City. The Planning Director
will make the final determination on the adequacy of these
studies.
15.20.070 - Development Standards.
A. Streams and Stream Corridors. Any development or
construction adjacent to streams shall preserve an undisturbed
corridor which is wide enough to maintain the natural hydraulic
and habitat functions of that stream. The dimensions of stream
corridor zones, in which all properties are potentially subject to
the requirements of this Chapter, are listed in the following
subsection. Should it be determined that particular properties
within this zone are unrelated to the natural functions of the
stream, the Planning Director may waive specific submittal
requirements for these properties or exclude them from the
requirements of this Chapter. If streams or watercourses are
located within ravines as defined in PAMC 15.20.030L, corridors
will be delineated according to the criteria set forth in PAMC
15.20.070B, Development Standards - Ravines, Marine Bluffs and
Beaches and Associated Drift Processes.
1. Stream Corridor Zones. This subsection defines
zone dimensions for different classes of streams and their
tributaries as rated by the Washington State Department of Natural
Resources. All properties falling within this zone are subject to
review under this Chapter unless excluded by the Planning
Director. Dimensions are measured from the seasonal high water
elevation of the stream or watercourse as follows:
Type 1
Type 2
Type 3
-18-
250 feet;
250 feet;
150 feet;
Type 4
Type 5
100 feet;
100 feet.
Should the stream be located within a ravine, the greater dimen-
sion of either the stream corridor zone, or the ravine zone, will
be used to define properties subject to the requirements of this
Chapter.
2. Stream Corridor Buffers. The following buffers of
undisturbed native vegetation shall be provided for different
classes of streams and their tributaries as rated by the Washing-
ton State Department of Natural Resources. Dimensions are
measured from the ordinary high water elevation of the stream or
watercourse, or from the top of the bank or dike:
Type 1
Type 2
Type 3
Type 4
Type 5
100 feet
100 feet
75 feet
50 feet
25 feet
3. Stream corridor widths, and their associated
buffers, shall be increased to include streamside wetlands which
provide overflow storage for stormwaters, feed water back to the
stream during low flows or provide shelter and food for fish.
4. Additional Buffers. The Planning Director may
require either additional native vegetation or increased buffer
sizes when environmental information indicates the necessity for
additional vegetation or greater buffers in order to achieve the
purposes of this Chapter. In cases where additional buffers are
not feasible, the Planning Director may require the applicant to
undertake alternative on -site or off -site mitigation measures,
including but not limited to a financial contribution to projects
or programs which seek to improve environmental quality within the
same watershed.
B. Ravines, Marine Bluffs and Beaches and Associated
Coastal Drift Processes. All properties falling within the zones
identified in the following subsection are subject to the
-19-
requirements of this Chapter. Should it be determined that
particular properties within these zones are unrelated to the
natural functions of the stream, the Planning Director may waive
specific submittal requirements for these properties or exclude
them from the requirements of this Chapter.
1. Locally Unique Feature Corridor Zones: The
following zones, as measured from the top of ravines, the top and
toe of marine bluffs, and beaches, define areas encompassing
properties that shall be subject to the requirements of this
chapter, unless excluded by the Planning Director:
Ravines
Marine Bluffs
Beaches and Associated
Coastal Drift Processes
200 feet;
200 feet;
Shoreline Management Zone
Should locally unique feature corridor zones also overlay stream
corridor zones, the criteria of this Section will be used.
2. Buffers. The following buffers of undisturbed
vegetation shall be established from the top of ravines; the top
and toe of marine bluffs and ravine bluffs:
Ravines 50 feet;
Marine Bluffs 50 feet.
Beaches and Associated
Coastal Drift Processes None
3. Undisturbed zones adjoining both marine bluffs and
beaches shall be sufficient to assure that natural coastal drift
processes will remain unimpaired.
4. Buffer reduction. The buffer may be reduced when
expert verification and environmental information demonstrate to
the satisfaction of the Planning Director that the proposed
construction method will:
a. Not adversely impact the stability of ravine
sidewalls and bluffs;
b. Not increase erosion and mass movement
potential of ravine sidewalls and bluffs;
-20-
c. Use construction techniques which minimize
disruption of the existing topography and vegetation; and
d. Include measures to overcome any geological,
soils and hydrological constraints of the site.
In no event may a buffer be reduced to less than 25 feet from the
top of a ravine, or the top or toe of a bluff.
5. Additional Buffers. The Planning Director may
require increased buffers if environmental studies indicate such
increases are necessary to mitigate landslide, seismic and erosion
hazards, or as otherwise necessary to protect the public health,
safety and welfare.
6. Viewshed enhancement. In ravine and marine bluff
buffers, the Planning Director may approve alterations in
vegetation coverage for the purposes of viewshed enhancement, so
long as such alterations: (a) will not increase geological hazards
such as erosion potential, landslide potential, or seismic hazard
potential; or (b) will not adversely affect significant wildlife
habitat areas.
C. Geological Hazard (Erosion, Landslide, Seismic) Areas.
Areas containing or adjacent to geological hazard areas shall be
altered only when the Planning Director concludes, based on
environmental information, the following:
1. For Landslide hazard areas:
a. There will be no increase in surface water
discharge or sedimentation to adjacent properties;
b. There will be no decrease in slope stability
on adjacent properties; and
c. Either:
i. There is no hazard as proven by evidence
of no landslide activity in the past in the vicinity of the pro-
posed development and a quantitative analysis of slope stability
indicates no significant risk to the development proposal and
adjacent properties;
-21-
ii. The landslide hazard area can be
modified or the development proposal can be designed so that the
landslide hazard is eliminated or mitigated so that the site is as
safe as a site without a landslide hazard; or
iii. The alteration is so minor as not to
pose a threat.
2. For Erosion hazard areas:
a. Areas containing erosion hazard areas shall
have land clearing, grading or filling limited to the period
between April 1st and October 1st.
b. Vegetation on steep slopes shall be preserved
or replaced.
3. For Seismic hazard areas:
a. Areas containing or adjacent to seismic
hazards areas shall be altered only when the Planning Director
concludes, based on environmental information, the following:
i. There is no actual hazard based on a
lack of seismic activity in the past in the area of the
development proposal, and a quantitative analysis of potential for
seismic activity indicates no significant risk to the development
proposal; or
ii. The development proposal can be designed
so that it will minimize any risk of harm from seismic activity to
public health, safety or welfare on or off the site.
b. Construction on artificial fills will be
certified by a geotechnical /civil engineer as safe from earthquake
damage as a similar development not located on artificial fill.
This requirement may be waived for actions involving minor
changes, alterations or additions to developed properties,
provided that such activities do not jeopardize public health,
safety or welfare on or off the site.
4. Geological Hazard Area Buffers: In the event that
it is determined that a geological hazard area, particularly
landslide hazard and erosion hazard areas, cannot be safely
-22-
developed and must remain as permanent open space, such as steeply
sloping terrain, the following buffer will be established:
a. Geologic Hazard Buffer: 50 feet from the top
and toe of the designated area. This buffer may be reduced (to
not less than 25 feet) or enlarged based on geotechnical review
which assures any such variation provides or is necessary to
provide adequate protection of any structures on site.
D. Significant Wildlife Habitat Areas. To protect the
habitat of animal species which are considered to be priority
species and thereby maintain and increase their populations,
significant wildlife habitat areas shall be subject to the
following:
1. When a development proposal contains a priority
habitat or habitat for species of concern and priority species the
applicant shall submit a habitat management plan. The need for a
Habitat Management Plan should be determined during State
Environmental Policy Act (SEPA) review of the proposal. The
habitat management plan should identify how the impacts from the
proposed project will be mitigated. Possible mitigation measures
should include, but are not limited to: (1) establishment of
buffer zones; (2) preservation of critically important plants and
trees, (3) limitation of access to habitat area, (4) scheduling
construction activities to avoid interference with wildlife and
fisheries rearing, resting, nesting or spawning activities; (5)
using best available technology to avoid or reduce impacts; (6)
using drainage and erosion control measures to prevent siltation
of aquatic areas; and (7) reducing the size, scope, configuration
or density of the project.
2. Buffer: To retain adequate natural habitat for
priority species, buffers shall be established on a case -by -case
basis as described in a habitat management plan.
3. Uses and activities allowed within a significant
wildlife habitat area as identified by a habitat management plan
shall be limited to low intensity land uses which will not
-23-
adversely affect or degrade the habitat and which will not be a
threat to the critical ecological processes such as feeding,
breeding, nesting and resting.
E. Frequently Flooded Areas. Development in frequently
flooded areas which are not subject to the standards of other
environmentally sensitive areas, including wetlands, will be
directed by Chapter 15.12, Flood Hazard Areas, of the City of Port
Angeles Municipal Code.
F. Limited Density Transfer. The calculation of potential
dwelling units in residential development proposals and allowable
floor area in non - residential development proposals shall be
determined by the ratio of developable area to undisturbable
environmentally sensitive area of the development site except as
otherwise provided for wetlands in the City's Westlands Protection
Ordinance, Chapter 15.24 PAMC. The following formula for density
and floor area calculations is designed to provide compensation
for the preservation of environmentally sensitive areas, flexi-
bility in design, and consistent treatment of different types of
development proposals.
1. Formulas. The maximum number of dwelling units
(DU) for a site which contains undevelopable environmentally
sensitive areas is equal to:
[(Developable Area) divided by (Minimum Lot Area /DU)] +
[(Undisturbable Area) divided by (Minimum Lot Area /DU)
(Development Factor)] = Maximum Number of Dwelling
Units.
The maximum amount of non - residential floor area for a site which
contains undisturbable environmentally sensitive areas is equal
to:
[(Maximum Permitted Floor Area /Lot Area)(Developable
Area)] + [(Maximum Permitted Floor Area /Lot Area)
( Undisturbable Area) (Development Factor)] = Maximum
Amount of Floor Area.
Developable environmentally sensitive areas shall receive full
-24-
1
credit towards calculating the number of dwelling units or floor
area.
2. Development Factor. As used in the preceding
Subsection, the development factor is a number to be used in
calculating the number of dwelling units or the maximum allowable
floor area for a site which contains undisturbable environmentally
sensitive areas. The development factor is derived from the
following table:
Undisturbable Sensitive Area
as Percentage of Site Development Factor
1 - 10 .30
11 - 20 .27
21 - 30 .24
31 - 40 .21
41 - 50 .18
51 - 60 .15
61 - 70 .12
71 - 80 .09
81 - 90 .06
91 - 99 .03
15.20.080 - Development Exceptions. Exceptions to the
development restrictions and standards set forth in Sections
15.20.050 and 15.20.070 may be permitted by application to the
Planning Director pursuant to the provisions of this Section.
A. Reasonable Use Exceptions in Stream Corridors, Ravines,
Marine Bluffs, and Beaches and Associated Coastal Drift Process
Areas.
1. Single - Family Dwelling. Development of one single -
family dwelling that is not part of a larger development proposal
within the buffer of stream corridors, ravines, marine bluffs, and
beaches and associated coastal drift process areas on a develop-
ment site may be approved by the Planning Director if the
applicant demonstrates that:
-25-
a. The extent of development within the buffer is
limited to that which is necessary to create a disturbed area
which is no larger than five thousand square feet;
b. If the applicant demonstrates that there is no
other reasonable alternative to developing the buffer.
c. The proposal utilizes to the maximum extent
possible the best available construction, design and development
techniques which result in the least adverse impact on the
environmentally sensitive area;
d. The proposal incorporates the development
standards of Section 15.20.070, and
e. The proposal is consistent with the purpose
and intent of this Chapter.
2. Other Development Proposals. An applicant may
propose a reasonable use development exception (other than one
single - family dwelling on a development site in accordance with
Subsection A.1. of this Section) pursuant to the following
decision criteria:
a. The proposal is limited to the minimum
necessary to fulfill reasonable use of the property and there is
no other reasonable alternative;
b. The proposal is compatible in design, scale,
and use with other development or potential development in the
immediate vicinity of the subject property in the same zone
classification and with similar site constraints;
c. The proposal utilizes to the maximum extent
possible the best available construction, design, and development
techniques which result in the least adverse impact on the
environmentally sensitive area or areas;
d. The proposal incorporates the development
standards of Section 15.20.070; and
e. The proposal is consistent with the purpose
and intent of this Chapter.
-26-
3. Limited Waiver of Steep Slope Disturbance
Limitations. Any one or all of the disturbance limitation
requirements of Section 15.20.070 may be waived if the Planning
Director determines that the application of such requirements is
not feasible for developing one single- family dwelling on a
development site and the proposal is consistent with the purpose
and intent of this chapter.
4. Modification of Existing Structures. Existing
structures or improvements that do not meet the requirements of
this Chapter may be remodeled, reconstructed or replaced provided
that the new construction does not further disturb an environment-
ally sensitive area.
5. Previously Altered Environmentally Sensitive Areas.
If any portion of an environmentally sensitive area has been
altered from its natural state, the applicant may propose to
develop within the altered area pursuant to the following decision
criteria:
a. The environmentally sensitive area was
lawfully altered in accordance with the provisions of this Chapter
and any state and federal laws at the time the alteration
occurred;
b.
natural functions
c.
possible the best
techniques which
The alteration has significantly disrupted the
of the environmentally sensitive area;
The proposal utilizes to the maximum extent
available construction, design
result in the
least
adverse
and development
impact on the
environmentally sensitive area;
d. The proposal incorporates the development
standards of Section 15.20.070, and
e. The proposal is consistent with the purpose
and intent of this Chapter.
6. Alternatively, if the Planning Director determines
that application of these standards would deny all reasonable
economic use of the property, the City may take the property for
-27-
public use with just compensation being made.
B. Emergencies. The Planning Director may approve
improvements that are necessary to respond to emergencies that
threaten the public health and safety, or public development
proposals, when he /she determines that no reasonable alternative
exists and the benefit outweighs the loss. Emergencies shall be
verified by a licensed engineer.
C. Drainage Facilities. Significant and important wetlands
and streams and their buffers may be altered for use as a public
drainage facility provided that all requirements of the City of
Port Angeles Stormwater Management Plan and all other local,
state, and federal laws are satisfied, and so long as increased
and multiple natural resource functions are achievable and the
benefits outweigh any lost resource. The Planning Director may
approve drainage facilities in a wetland or stream only where
he /she determines that long -term impacts are minimal or where
there are no practicable or reasonable alternatives and mitigation
is provided.
D. Trails and Trail - Related Facilities. Public and private
trails and trail - related facilities, such as picnic tables,
benches, interpretive centers and signs, and viewing platforms
shall be allowed, but use of impervious surface shall be
minimized. Trails and trail - related facilities shall be avoided
within streams. The Planning Director may approve such trails and
facilities only when he /she determines that there is no
practicable or reasonable upland alternative. Trail planning,
construction and maintenance shall adhere to the following
additional criteria:
1. Trails and related facilities shall, to the extent
feasible, be placed on existing levies, road grades, utility
corridors, or any other previously disturbed areas;
2. Trails and related facilities shall be planned to
minimize removal of trees, shrubs, snags and important wildlife
habitat;
-28-
3. Trail construction and maintenance shall follow the
U.S. Forest Service "Trails Management Handbook" (FSH 2309.18,
June 1987) and "Standard Specifications for Construction of
Trails" (EM- 7720 -102, June 1984) as may be amended, or trail
standards adopted by the City of Port Angeles;
4. Viewing platforms, interpretive centers, picnic
areas, benches and access to them shall be designed and located to
minimize disturbance;
5. Trails and related facilities shall provide water
quality protection measures to assure that runoff from them does
not directly discharge to wetlands or streams; and
6. Within buffers, trails and trail - related facilities
shall be aligned and constructed to minimize disturbance to stream
functions and values.
E. Utilities. Every attempt shall be made to avoid
locating utilities within streams. The Planning director may
approve utilities in streams only when he /she determines that
there is no practicable or reasonable upland alternative.
F. Stream Crossings. Stream crossings, whether for access
or utility purposes, shall be avoided to the extent possible; but
when necessary due to the lack of feasible alternatives, crossing
of streams shall follow all applicable local, state and federal
laws and the following criteria:
1. Bridges are required for streams which support
salmonids, unless otherwise allowed by the Washington State
Department of Fisheries;
2. All crossings using culverts shall use superspan or
oversize culverts;
3. All crossings shall be constructed and installed
during summer low flow between June 15th and September 15th;
4. Crossings shall not occur in salmonid spawning
areas unless no other feasible crossing site exists;
5. Bridge piers or abutments shall not be placed in
either the floodway or between the ordinary high water marks
-29-
unless no other feasible alternative placement exists;
6. Crossings shall not diminish flood - carrying
capacity;
7. Crossings shall provide for maintenance of
culverts, bridges and utilities; and
8. Crossings shall serve multiple properties whenever
possible.
G. Time Limitation. A development exception automatically
expires and is void if the applicant fails to file for a building
permit or other necessary development permit within one year of
the effective date of the development exception, unless either:
1. The applicant has received an extension for the
development exception pursuant to Subsection H of this Section;
2. The development exception approval provides for a
greater time period.
H. Time Extension. The Planning Director may extend a
development extension, not to exceed one year, if:
1. Unforeseen circumstances or conditions nessitate
the extension of the development exception;
2. Termination of the development exception would
result in unreasonable hardship to the applicant, and the
applicant is not responsible for the delay; and
3. The extension of the development exception will not
cause adverse impacts to environmentally sensitive areas.
I. Mitigation. For any allowable development exception
provided under this Section the associated adverse impacts must be
considered unavoidable but mitigable. The following restoration
and compensation mitigation measures to minimize and reduce
impacts shall be required and completed and must be approved by
the Planning Director prior to development approval:
1. Restoration. Restoration is required when the
functions and values of environmentally sensitive areas have been
degraded from alteration prior to development approval. All
restoration shall follow an approved mitigation plan pursuant to
-30-
Subsection I.3. of this Section.
2. Compensation. Compensation is required from
developers for all approved alterations to streams. Compensation
for approved alterations shall follow an approved mitigation plan
pursuant to Subsection I.3.
a. The applicant shall maintain or improve stream
channel dimensions, including depth, length, and gradient; restore
or improve native vegetation and fish and wildlife habitat; and
create an equivalent or improved channel bed, biofiltration and
meandering.
b. In the case of the exceptions of Subsection
A.3. of this Section, the following conditions shall precede any
stream alteration approved pursuant to this Section:
i. A mitigation plan for the compensation
project shall be submitted by the applicant and approved by the
Planning Director;
ii. The compensation project shall be fully
implemented following the requirements of the approved mitigation
plan;
iii. Compensation shall be established for at
least two years; and
iv. A final report shall be submitted
following the minimum two years documenting that all requirements
of a mitigation plan have been fully achieved. The Planning
Director may postpone or limit development, require bonds pursuant
to Section 15.20.100, or use other appropriate techniques to
ensure the success of the mitigation plan.
c. Substitute Fees. Incases where the applicant
demonstrates to the satisfaction of the Planning Director that a
suitable compensation site does not exist, the Planning Director
may allow the applicant to make a financial contribution to an
established water quality project or program. The project or
program must improve environmental quality within the same
watershed as the altered stream. The amount of the fee shall be
-31-
equal to the cost of mitigating the impact of stream alteration
and shall be approved by the Planning Director.
3. Mitigation Plans. All restoration and compensation
projects shall follow a mitigation plan prepared by qualified
scientists containing the following components:
a. Baseline Information. Quantitative data shall
be collected and synthesized for both the impacted environmentally
sensitive area and the proposed mitigation site, if different from
the impacted environmentally sensitive area, following procedures
approved by the Planning Director;
b. Environmental Goals and Objectives. Goals and
objectives describing the purposes of the mitigation measures
shall be provided, including a description of site selection
criteria, identification of target evaluation species and resource
functions;
c. Performance Standards. Specific criteria for
fulfilling environmental goals and objectives, and for beginning
remedial action or contingency measures shall be provided,
including water quality standards, species richness and diversity
targets, habitat diversity indices, or other ecological, geologi-
cal or hydrological criteria.
d. Detailed Construction Plan. Written
specifications and descriptions of mitigation techniques shall be
provided, including the proposed construction sequence, accom-
panied by detailed site diagrams and blueprints that are an
integral requirement of any development proposal.
e. Monitoring Program. A program outlining the
approach for assessing a completed project shall be provided,
including descriptions or proposed experimental and control site
survey or sampling techniques. A protocol shall be included
outlining how the monitoring data will be evaluated by agencies
that are tracking the progress of the mitigation project. A
report shall be submitted at least twice yearly documenting
milestones, successes, problems and contingency actions of the
-32-
restoration or compensation project. The Planning Director shall
require that the applicant monitor the compensation or restoration
project for a minimum of two years.
f. Contingency Plan. A plan shall be provided
fully identifying potential courses of action and any corrective
measures to be taken when monitoring or evaluation indicates
project performance standards are not being met.
g-
Performance and Maintenance Securities.
Securities ensuring fulfillment of the mitigation project,
monitoring program and any contingency measures shall be posted
pursuant to Section 15.20.100.
4. Final Approval. The Planning Director shall grant
final approval of a completed restoration or compensation project
if the final report of the project mitigation plan satisfactorily
documents that the area has achieved all requirements of this
section.
15.20.090 - Tracts and Easements. Sensitive Area Tracts
or Easements. Separate environmentally sensitive area tracts or
easements shall be used to protect environmentally sensitive areas
that are to remain undisturbed pursuant to this Chapter. The
terms and conditions of the tracts or easements shall impose upon
all present and future owners and occupiers of land subject to the
tracts or easements the obligation, enforceable on behalf of the
public by the City, to leave the areas of the tracts or easements
permanently undisturbed. In a single- family residential zone, any
lots containing an environmentally sensitive area easement shall
be of a dimension of not less than five thousand square feet,
exclusive of such easement.
15.20.100 - Securities and Enforcement.
A. Performance Securities. The Planning Director may
require the applicant of a development proposal to post a cash
performance bond or other acceptable security to guarantee that
the applicant will properly construct all structures and
improvements required by this Chapter. The security shall
-33-
guarantee that the work and materials used in construction are
free from defects. All securities shall be on a form approved by
the Planning Director. Until written release of the security, the
security may not be terminated or canceled. The Planning Director
shall release the security upon determining that all structures
and improvements have been satisfactorily constructed and upon the
posting by the applicant of a maintenance security if one is
required.
B. Maintenance Securities. The Planning Director shall
require the applicant to post a cash maintenance bond or other
acceptable security guaranteeing that structures and improvements
required by this chapter satisfactorily perform for a minimum of
two years. This requirement shall also apply in the case of
required mitigation improvements. All securities shall be on a
form approved by the Planning Director. Until written release of
the security, the principal or surety may not be terminated or
canceled. The Planning Director shall release the security upon
determining that performance standards established for evaluating
the effectiveness and success of the structures and improvements
have been satisfactorily met. The performance standards shall be
approved by the Planning Director and contained in the mitigation
plan developed and approved during the review process.
C. Renewable Bonds. Any bonds required by this Section may
be in the form of one -year bonds to be renewed as appropriate.
D. Enforcement. Violations of this Chapter shall be
subject to the enforcement provisions of the Port Angeles
Municipal Code.
Section 2 - Interim Status. This Ordinance is intended
to be interim until the City adopts a new Comprehensive Plan and
consistent development regulations, which supersede this
Ordinance.
Section 3 - Severability. If any clause, sentence,
paragraph, section, or part of this Chapter or the application
thereof to any person or circumstances shall be adjudged by any
-34-
1
court of competent jurisdiction to be invalid, such order or
judgment shall be confirmed in its operation to the controversy in
which it was rendered and shall not affect or invalidate the
remainder of any part thereof to any other person or circum-
stances and to this end the provisions of each clause, sentence,
paragraph, section, or part of this Chapter are hereby declared to
be severable.
Section 4 - Effective Date. This Ordinance shall take
effect five days after publication.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the 19th day of
November , 1991.
ATTEST:
J A
Becky J. pt Cit�le
APPROVED AS TO FORM:
Clerk
Craig D Knutson, City Attorney
PUBLISHED: November 24, 1991
(By Summary)
2- C: \WP \PC \ESAPORD.LGL
-35-
M A Y 4
Summary of Ordinance Adopted by the
Port Angeles City Council
on November 19, 1991
Ordinance No. 2656
This Ordinance of the City of Port Angeles establishes interim environment-
ally sensitive areas protection and creates Chapter 15.20 of the Port Angeles
Municipal Code. The ordinance is enacted pursuant to the requirements of
the Growth Management Act and as provided in the Guidelines promulgated
by the Department of Community Development and is intended to be interim
until the City adopts a new Comprehensive Plan and consistent development
regulations.
The environmentally sensitive areas protection ordinance establishes
performance -based standards for the designation of critical areas that require
protection from development pressure in order to protect the public health,
safety and welfare. Types of areas that are designated environmentally
sensitive include wetlands, streams, significant fish and wildlife habitat areas,
frequently flooded areas, steep slopes, ravines, marine bluffs, beaches, and
erosion, land -slide and seismic hazard areas. The ordinance requires certain
environmentally sensitive areas to remain undisturbed, provides minimum
standards for the development of certain environmentally sensitive areas,
establishes a permit process for development of environmentally sensitive
areas, establishes exceptions to development restrictions and standards,
including reasonable use, emergency, and mitigation exceptions, provides for
sensitive area tracts or easements to protect environmentally sensitive areas,
and provides for just compensation by the City in the event that application
of the development standards would deny all reasonable economic use of
private property.
Violations of this Ordinance shall be subject to the enforcement provisions of
the Port Angeles Municipal Code, which provide for prosecution of violations
as misdemeanors punishable by a fine of not more than $500 or by imprison-
ment not to exceed six months or by both such fine and imprisonment.
The full text of the Ordinance is available at City Hall in the City Clerk's office or will be
mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m.
This Ordinance will take effect five (5) days after publication of this summary.
Publish: November 24, 1991
Becky J. Upton
City Clerk