HomeMy WebLinkAbout2911ORDINANCE NO. 2911
AN ORDINANCE of the City of Port Angeles,
Washington, implementing the requirements of the
Washington State Regulatory Reform Act, Chapter
347, Laws of 1995, establishing a consolidated
development permit process, amending Ordinances
1709, 2038, 2222, 2312, 2103, 2471, and 2483, as
amended, and amending Chapters 15.04, 16.04,
17.17, 17.18,17.19, 17.26, and 17.96 of, and
adding a new Chapter 18.02 to, the Port Angeles
Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY
ORDAIN as follows:
Section 1. A new Chapter 18.02 is hereby added to the Port
Angeles Municipal Code to read as follows:
CHAPTER 18.02
CONSOLIDATED DEVELOPMENT PERMIT PROCESS
Sections:
18.02.010
18.02.020
18.02.030
18.02.040
18.02.050
18.02.060
18.02.070
18.02.080
18.02.090
18.02.100
18.02.110
18.02.120
18.02.130
Purpose
Development Applications
Content of Applications
Determination of Completeness
Notice of Development Application
Notice of Public Hearing
Application Review Process
Concurrent Environmental Review
Determination of Consistency
Time Limit for Final Decision
Monitoring and Enforcement
Administrative Appeals
Judicial Appeals
18.02.010 - Purpose. The purpose of this Chapter is to
implement the requirements of the Washington State Regulatory
Reform Act, Chapter 347, Laws of 1995, by consolidating development
application and review with the environmental review process, in
order to avoid duplicative regulation and environmental analysis.
The purpose of this Chapter is also to meet other requirements of
the Act, including the paramount requirement that development
applications be reviewed for consistency with the Comprehensive
Plan and development regulations adopted pursuant to the Growth
- 1 -
Management Act, Chapter 36.70A RCW.
18.02.020 - Development Applications. The following
applications for development shall be processed in accordance with
the requirements of this Chapter: building permits that are not
categorically exempt from Chapter 43.21C RCW, subdivisions, planned
residential developments, conditional uses, shoreline substantial
ievelopment permits, approvals required by the Environmentally
,Sensitive Areas Ordinance and Wetlands Ordinance, and site specific
rezones authorized by the Comprehensive Plan.
18.02.030 - Content of Applications.
A. All development applications shall be submitted on
forms provided by the City and shall be acknowledged by the
property owner.
B. All development applications shall include the
information specified in the chapter of the Port Angeles Municipal
Code pertaining to the specific type of development permit being
applied for. The City may require such additional information as
is reasonably necessary to fulfill and properly evaluate the
proposal.
18.02.040 - Determination of Completeness.
A. Within 28 days of receiving a date stamped
application, the City shall review the application and, as set
forth below, provide the applicant with a written determination
that the application is complete or incomplete.
B. A development permit application shall be declared
complete only when it contains all of the following materials:
1. A fully completed, signed, and acknowledged
development permit application.
2. A fully completed, signed, and acknowledged
- 2 -
- nvironmental checklist for projects subject to review under the
State Environmental Policy Act.
3. All applicable review fees.
4. The information specified for the desired permit
in the appropriate chapters of the Port Angeles Municipal Code and
as identified in PAMC 18.02.030.
5. Any supplemental information or special studies
identified by the City.
C. For applications determined to be incomplete, the City
shall identify in writing the specific requirements or information
necessary to constitute a complete application. Upon submittal of
the additional information, the City shall within 14 days issue a
determination of completeness or identify what additional
information is required.
18.02.050 - Notice of Development Application.
A. Within 14 days of issuing a determination of complete-
ness under PAMC 18.02.040, the City shall issue a notice of
development application. The notice shall include, but not be
limited to, the following:
1. Name of the applicant.
2. Date of application.
3. Dates of the determination of completeness and
the notice of application.
4. Location and description of the development.
5. Requested approvals, actions, and /or requested
studies.
6. Statement of the public comment period, which
shall be not less than 14 nor more than 30 days following the date
of the notice of development application.
- 3 -
7. Statement of the right of any person to comment
on the application, to receive notice of and participate in any
hearings, and to request a copy of the decision once made, and any
appeal rights.
8. Identification of existing environmental
documents and location where the application and any studies can be
reviewed.
9. City staff contact and phone number.
10. Date, time, and place of public hearing, if one
has been scheduled.
11. Statement of the preliminary determination, if
one has been made at the time of notice, of those development
regulations that will be used for project mitigation and statement
of consistency with development regulations.
12. Statement that the decision on the application
will be made within 120 days of the date of the letter of
completeness.
B. The notice of development application shall be posted
on the subject property and published once in a newspaper of gen-
eral circulation and shall be mailed to agencies with jurisdiction.
C. The notice of development application shall be issued
at least 15 days prior to a public hearing.
18.02.060 - Notice of Public Hearing. When public hearings
are required for development applications, notice shall be given as
provided in PAMC 17.96.140 unless otherwise provided in the Port
Angeles Municipal Code for specific development applications.
18.02.070 Application Review Process.
A. Public Hearing Limitation. There shall be no more
than one open record hearing and one closed record appeal conducted
by the City on any development application.
B. Optional Consolidated Review.
1. When requested by the applicant, the City shall
provide a single application review and approval process covering
all development permits requested by an applicant for all or part
:Df a project action and shall designate a single permit coordinator
for such review.
2. If an applicant elects the consolidated permit
review process, the determination of completeness, notice of
application, and notice of final decision must include all project
permits being reviewed through the consolidated permit review
process.
3. Consolidated permit review shall be limited to a
single open record hearing and no more than one closed record
appeal.
4. In the case of consolidated project permit
review, the Planning Commission shall conduct the single record
public hearing and shall make the initial determination on the
permits, which determination shall be either a recommendation or a
final decision, depending on the processing requirements
established by ordinance for each specific permit involved. The
City Council shall be either the final decision - making or appellate
body, depending upon the permit processing requirements for the
specific permits involved.
C. Single Report. For project permits included in
consolidated permit review that do not require an open record
predecision hearing, the City shall provide a single report, which
may be the City's permit decision document, which states all the
recommendations and decisions made as of the date of the report on
- 5 -
I*
11 related permits for the project. If a threshold determination
ther than a determination of significance has not been issued
reviously by the City, the report shall include or append this
etermination.
D. Combined Meeting or Hearing With Other Agency.
1. Meetings or hearings on any project permit may be
ombined with any meeting or hearing held by another local, state,
egional, federal, or other agency, provided that the meeting or
earing is held within the geographic boundary of the City.
2. Hearings shall be combined if requested by an
pplicant, as long as the joint hearing can be held within the time
eriod specified in this Chapter or the applicant agrees to the
schedule in the event that additional time is needed in order to
ombine the hearings.
E. Threshold Determination Appeals. Except for the
-ppeal of a determination of significance as provided in RCW
43.21C.075 and WAC 197 -11 -680, appeals of other threshold
•eterminations shall be submitted prior to and combined with any
redecision open record public hearing, if one is provided for the
development application involved.
F. Notice of Decision. A notice of decision, which may
i•e a copy of the report or decision on the project permit
application, shall be provided to the applicant and to any person
ho, prior to the rendering of the decision, requested notice of
the decision or submitted substantive comments on the application.
he notice of decision shall include a statement of any threshold
• etermination made under Chapter 43.21C RCW and Chapter 197 -11 WAC
and the procedures for administrative appeal, if any. For non -
dministrative approvals, notice of the decision shall be published
- 6 -
in the City's officially designated newspaper.
18.02.080 - Concurrent Environmental Review.
A. Development permit applications subject to the
provisions of the State Environmental Policy Act (SEPA) shall be
reviewed in accordance with the policies and procedures contained
in the City's Environmental Policy Ordinance, Chapter 15.04 PAMC.
B. SEPA review shall be conducted concurrently with
development permit application and review. The following are
exempt from concurrent review:
1. Projects categorically exempt from SEPA.
2. Components of previously completed developments
or actions for which an environmental impact statement has already
been completed, to the extent that SEPA allows.
C. The following requirements shall apply to concurrent
SEPA review:
1. Except for a determination of significance, the
City may not issue its threshold determination or issue a decision
or a recommendation on a development application until the expira-
tion of the public comment period on the notice of application.
2. If a public hearing is required and the City's
threshold determination requires public notice under Chapter 43.21C
RCW, and Chapter 197 -11 WAC, the City shall issue its threshold
determination at least 15 days prior to the public hearing.
3. Comments shall be as specific as possible.
18.02.090 - Determination of Consistency.
A. During project review, the City shall determine a pro-
posed project's consistency with the City's development regulations
adopted under Chapter 36.70A RCW, or, in the absence of applicable
development regulations, the appropriate elements of the Comprehen-
- 7 -
sive Plan adopted under Chapter 36.70A RCW, by consideration of:
1. The type of land use;
2. The level of development, such as units per acre
or other measures of density;
3. Infrastructure, including public facilities and
services needed to serve the development; and
4. The character of the development, such as
development standards.
B. During project review, the City shall not reexamine
alternatives to or hear appeals on the items identified in subsec-
tion A of this section, except for issues of code interpretation.
C. Issues of code or development regulation interpreta-
tion shall be decided by the Planning Department, which may refer
such issues to the Planning Commission and /or City Council for
their comments, provided that no public hearing shall be held for
such administrative interpretations.
D. As provided in PAMC 15.04.035, the City may determine
that the requirements for environmental analysis and mitigation
measures in development regulations and other applicable laws
provide adequate mitigation for some or all of the projects speci-
fic adverse environmental impacts to which the requirements apply.
E. Nothing in this section limits the City's authority to
approve, condition, or deny a project as provided in the City's
development regulations adopted under Chapter 36.70A RCW and in its
policies adopted under RCW 43.21C.060. Project review shall be
used to identify specific project design and conditions relating to
the character of development, such as the details of site plans,
curb cuts, drainage swales, transportation demand management, the
payment of impact fees, or other measures to mitigate a proposal's
- 8 -
probable adverse environmental impacts, if applicable.
F. In making the City's determination of consistency, the
determinations made in subsection A of this section shall be
controlling but shall not limit the City from asking more specific
or related questions.
18.02.100 - Time Limit for Final Decision.
A. 120 -Day Time Limit. The final decision on a project
permit application listed in PAMC 18.02.020 shall be made within
120 days from the date of the determination of completeness.
B. Excluded Time Periods. In determining the number of
days that have elapsed after the City has notified the applicant
that the application is complete, the following periods shall be
excluded:
1. Any period during which the applicant has been
requested by the City to correct plans, perform required studies,
or provide additional required information. The period shall be
calculated from the date the City notifies the applicant of the
need for additional information until the earlier of the date the
City determines whether the initial information satisfies the
request for information or 14 days after the date the information
has been provided to the City.
2. If the City determines that the information
submitted by the applicant under subsection B.1 of this section is
insufficient, it shall notify the applicant of the deficiencies,
and the procedures under subsection B.1 of this section shall apply
as if a new request for studies had been made;
3. Any period during which an environmental impact
statement is being prepared following a determination of signifi-
- 9 -
cance pursuant to Chapter 43.21C RCW and Chapter 197 -11 WAC, if the
City by ordinance or resolution has established time periods for
completion of environmental impact statements, or if the City and
the applicant agree in writing to a time period for completion of
an environmental impact statement;
4. Any period for administrative appeals of project
permits;
5. Any extension of time mutually agreed upon by the
applicant and the City.
C. Time Limit Exceptions. The 120 -day time limit shall
not apply if a project permit application:
1. Requires an amendment to the Comprehensive Plan
or a development regulation;
2. Requires approval of a new fully contained
community as provided in RCW 36.70A.350, a master planned resort as
provided in RCW 36.70A.360, or the siting of an essential public
facility as provided in RCW 36.70A.200; or
3. Is substantially revised by the applicant, in
which case the time period shall start from the date on which the
revised project application is determined to be complete.
D. Time Limit Extensions. If the City is unable to issue
its final decision within the 120 -day time limit, it shall provide
written notice of this fact to the project applicant. The notice
shall include a statement of reasons why the time limit has not
been met and an estimated date for issuance of the notice of final
decision.
E. Liability Limitation. The City shall not be liable
for damage under this Chapter due to a failure to make a final
decision within the time limits established in PAMC 18.02.100.
- 10 -
18.02.110 - Monitoring and Enforcement. The Planning
Department is hereby authorized and directed to adopt procedures to
monitor and enforce permit decisions and conditions.
18.02.120 - Administrative Appeals.
A. If an administrative appeal of the project decision is
provided by ordinance, combined with any environmental determina-
tions, such appeal shall be filed within 14 days after the notice
Of the decision or after other notice that the decision has been
made and is appealable.
B. The time period for considering administrative appeals
of project permits shall not exceed:
1. 90 days for an open record appeal hearing; and
2. 60 days for a closed record appeal; provided,
however, that the parties to an appeal may agree to extend these
time periods.
18.02.130 - Judicial Appeals.
Appeals from final decisions under this Chapter, for which
decisions all administrative appeals specifically authorized have
been timely exhausted, shall be made to the Clallam County Superior
Court within 21 days of the date of the decision or action unless
another time period is established by state law.
Section 2. Ordinance 1709, as amended, and Chapter 17.96
of the Port Angeles Municipal Code are hereby amended by amending
PAMC 17.96.070 and 17.96.140 to read as follows:
17,96.070 Hearing and Appeal of Conditional or Unclassi-
fied Use Permit Applications.
A. Notice and Hearing for Conditional or Unclassified Use
Permits. Upon filing an application for a Conditional or
:Jnclassified Use Permit in which the application sets forth fully
- 11 -
the grounds for, and the facts deemed to justify, the granting of
the Conditional or Unclassified Use Permit, the Planning Commission
shall give public notice, as provided in §17.96.140, of the
intention to consider at a public hearing the granting of the
Conditional or Unclassified Use Permit; provided, however, that
Conditional Use Permits for bed and breakfasts, home occupations,
and retail stands shall be considered by the Planning Director in
accordance with Chapters 17.18, 17.17, and 17.26. The Planning
Commission's or Planning Director's decision shall be final unless
appealed to the City Council.
B. Decisions. Conditional or Unclassified Use Permit
decisions by the Planning Commission, Planning Director, and City
Council shall be set forth in writing and shall be accompanied by
written findings and conclusions. Decisions shall be deemed
effective upon adoption of the written decision, findings and
conclusions. The 14 3 -day appeal period shall commence upon such
adoption. On the next business day following the effective date of
the decision, the Planning Department shall mail copies of the
decision, findings and conclusions to the applicant and anyone else
who has in writing requested such notification.
C. Appeals.
1. Any person aggrieved by the decision of the
Planning Commission or Planning Director may appeal the decision to
the City Council.
2. Appeals shall be submitted to the Planning
Department in writing within fiftccn (15) fourteen (14) days
following the date of the decision.
3. The City Council shall conduct a publicclosed
record hearing on the appeal of the Planning Commission's decision
- 12 -
en rec
rd
• •
lic h
arin
• •
nnin
irector's decision with notice being given as set forth in
§17.96.140. The Council's decision shall be final unless appealed
to Clallam County Superior Court in accordance with §17.96.150.
D. Requests for Exceptions. All applications for
exceptions from these Zoning Regulations shall contain all basic
information, along with other pertinent facts, maps, and data
required by the Planning Commission.
E. Permits Void After One Year. All Conditional or
Unclassified Use Permits shall become void one year from the date
of granting such permits if use of the land or buildings or
applying for necessary building permits(s) has not taken place in
accordance with the provisions in granting said requests.
F. Extensions of Approved Conditional Use Permits.
Extensions of those previously approved Conditional Use Permits
that have specified time periods of authorization shall be
considered in accordance with the same procedures and by the same
entity as for the original permit application, and may be granted
for a period of one to five years, provided that the following
minimum criteria are met:
1. The use complies with the permit conditions.
2. There have been no significant, adverse changes
in circumstances.
Upon written request for an extension submitted to the
Planning Department prior to the expiration of the conditional use
permit, said conditional use permit shall be automatically extended
for ninety days to allow the City adequate time to review the
extension request.
17.96.140 Notice of Public Hearings. Notice of public
- 13 -
hearings required pursuant to this Title shall be given as follows:
A. At least tcn (10) fifteen (15) days prior to the date
of the public hearing, the Planning Department shall cause notice
of the time, place, and purpose of the hearing to be published in
the City's officially designated newspaper.
B. In addition to the notice given in subsection 1, where
the purpose of the public hearing involves a specific site, notices
shall be given as follows:
1. At least tcn (10) fifteen (15) days prior to the
date of the public hearing, the applicant shall cause notice of the
time, place and purpose of the hearing to be posted on the site in
a conspicuous manner in the form of a brightly colored notice on a
self - standing sign as provided by the Planning Department or in
such other form as the Planning Department may direct. The
applicant shall file with the Planning Department an affidavit that
such posting has been accomplished and that the applicant shall
assume full responsibility for return or replacement, in the case
of damage. Consideration will be given in the case of vandalism
beyond the applicant's control.
2. At least tcn (10) fifteen (15) days prior to the
date of the public hearing, the Planning Department shall cause
notice of the time, place and purpose of the hearing to be mailed
to the latest recorded real property owners within at least 300
feet of the boundary of the site as shown by the records of the
County Assessor. The applicant shall provide the Planning
Department with mailing labels for each such property owner.
Section 3. Ordinance 2103, as amended, and Chapter 17.17
of the Port Angeles Municipal Code are hereby amended by amending
PAMC 17.17.070 and PAMC 17.17.080 to read as follows:
- 14 -
and Noticc Upon receipt
an application sati3fying thc
requirements of Ccction 17.17.00, thc Planning Department shall
ochcdulc a public h aring bcforc the Planning Dircctor with public
notice being given as provided in Ccction 17.96.140 PAMC.
17.17.080 Planning Director Decision. Prior to making a
dcci3ion on an application for a Conditional Usc Pcrmit for a IIomc
Occupation, thc Planning Director shall hold at least one public
hcaring. The Director's decision shall be in written form with
findings based upon compliance with Section 17.17.010, 17.17.040
and the following criteria:
A. That the Home Occupation does not involve equipment or
processes which introduce noise, smoke, dust, fumes, vibrations,
odors, and other hazards in excess of those normally found in
residential areas.
B. That the Home Occupation does not significantly
increase local vehicular or pedestrian traffic.
C. That the Home Occupation shall not be injurious or
detrimental to adjoining or abutting properties.
D. That the Home Occupation shall not endanger the public
health, morals, safety, and welfare; and that it is in the public
interest.
E. The Planning Director decision shall include a
condition that Home Occupations be forwarded to the Public Works
Department for the determination of utility charges.
Section 4. Ordinance 2483, as amended, and Chapter 17.18
of the Port Angeles Municipal Code are hereby amended by amending
PAMC 17.18.070 to read as follows:
17.18.070 Planning Director's Decision. Following thc
- 15 -
public hearing tThe Planning Director shall, in writing, approve,
deny or approve with modifications or conditions, the application.
The Planning Director shall attach such conditions as may be deemed
necessary to ensure land use compatibility, public safety, and
compliance with all standards and requirements of this Chapter.
Said written decision shall include findings based upon compliance
with the development standards (.040) and the following criteria:
A. Water, sewer, power, road, police and fire, and refuse
disposal must be available and adequate for the proposed use.
B. The proposal should not cause detrimental effects on
the surrounding residential area as a result of changes in the
following elements (but not limited to just these elements):
traffic, noise, activities occurring on -site, lighting, and the
ability to provide utility service.
C. The proposal shall be compatible with surrounding
residential area because the treatment of the following aspects
(but not limited to the following only) is adequate to assure
compatibility: landscaping, location of structure(s), parking
areas, and the residential nature of construction and /or
architectural details of the structure.
Section 5. Ordinance 2038, as amended, and Chapter 17.19
of the Port Angeles Municipal Code are hereby amended by amending
PAMC 17.19.070, 17.19.120, 17.19.150 and 17.19.160 as follows:
17.19.070 Procedure for Approval. The procedure for
approval of a Planned Residential Development shall be composed of
four steps:
A. Public hearing on the preliminary development
plan and, if applicable, the preliminary plat and other permit
actions, and recommendation by the Planning Commission to the City
- 16 -
Council.
B. Approval by the City Council at a public meeting
of the preliminary development plan and other actions as
applicable;
C. Public hcaring meeting by the Planning Commission
to review the final development plan and plat for compliance with
the approved preliminary development plan, and recommendation to
the City Council;
D. Approval of the final development plan and plat
by the City Council at following a public meeting hearing.
D. At cithcr the preliminary or final PRD stage, or
both, the City Council may at it3 discrction dccidc to hold a
public hcaring.
17.19.120 Planning Commission Recommendation - Preliminary
Development Plans. Prior to making a recommendation on an
application for a preliminary Planned Residential Development, the
Planning Commission shall hold at 1 ast one a public hearing. The
Commission's recommendation on PRD density shall be based upon
Sections 17.19.010, .060 and .061, and the recommendation for
approval, denial, or approval with modifications or conditions
shall be forwarded to the City Council in written form based upon
compliance with Sections 17.19.050 and the following criteria:
A. The proposed development will comply with the policies
of the Comprehensive Plan and further the attainment of the
objectives and goals of the Comprehensive Plan.
B. The proposed development will, through the improved
utilization of open space, natural topography, transitional housing
densities and integrated circulation systems, create a residential
environment of higher quality than that normally achieved by
- 17 -
traditional development of a subdivision.
C. The proposed development will be compatible with
adjacent existing and future developments.
D. All necessary municipal utilities, services, and
facilities, existing and proposed, are adequate to serve the
proposed development.
E The internal streets serving the proposed development
are adequate for the anticipated traffic levels and the street
system of the proposed development is functionally connected by an
improved collector street to at least one improved arterial street.
F. If the development is planned to occur in phases, each
phase shall meet the requirements of a complete development.
Developments of less than 3.44 acres shall not be done in phases.
17.19.150 Planning Commission Review of Final Development
Plan The Planning Commission shall consider the application for
final approval at a public hcaring meeting, noticc of which shall
be given as providcd in Ecction 17 9G 140. A recommendation to the
City Council for approval shall include findings on the following:
A. Compliance with the approved preliminary development
plans;
B. Adequacy of the provisions for maintenance of required
common open space and other common improvements;
C. The final plat, if applicable; and
D. Bonding or other acceptable form of security for the
whole or specific parts of the project.
17.19.160 City Council Final Action. The City Council
shall review the recommendation of the Planning Commission at a
public fflee-tftg hearing, notice of which shall be given as provided
in Section 17.96.140, and shall approve, deny, or approve with
- 18 -
modifications the final development plan and, if applicable, the
final plat. Approval of the final development plan shall be by
ordinance and a copy of the final PRD shall be filed with and made
a part of said ordinance. The Zoning Map shall be amended to
indicate the extent of the approved Planned Residential
Development, and all future development of the site shall be in
conformance with the approved PRD.
Section 6. Ordinance 2471, as amended, and Chapter 17.26
of the Port Angeles Municipal Code are hereby amended by amending
PAMC 17.26.085 to read as follows:
17.26.085 Public Heariner. Prior to making -a decision on
a Retail Stand Conditional Usc Permit, thc Planning Dircctor shall
hold a public hearing on the application with public noticc bcing
given a3 provided in S17.9G.140
Section 7. Ordinance 2222, as amended, and Chapter 16.04
of the Port Angeles Municipal Code are hereby amended by amending
PAMC 16.04.120 to read as follows:
16.04.120 Appeals.
A. Any person aggrieved by the decision of the Planning
Director under Section 16.04.100 may appeal the decision to the
Planning Commission City Council.
B. Appeals shall be submitted to the Planning Department
in writing within fourteen (14) days following the date of mailing
the decision to the applicant.
C. The Planning Commission shall hear thc appeal at its
ncxt possible public meeting and thereupon make a rccommendation to
thc City Council to uphold, rcvcr3c,
modify the decision, based
upon thc compliance of the preliminary short plat with thc
rcquircmcnt3 of this Chapter. Such recommendation shall include
- 19 -
writtcn findings of fact.
DC. The City Council shall hear the appeal at its ncxt
poasiblc public mccting following rcceipt of the Planning
may wept uphold, reverse, or modify
the Planning Commission's rccommendations decision, and shall set
forth written findings of fact.
Section 8. Ordinance 2312, as amended, and Chapter 15.04
of the Port Angeles Municipal Code are hereby amended by adding a
new section to read as follows:
15.04.035 - Integrated Project Review.
A. In reviewing a project action, the City may determine
that the requirements for environmental analysis, protection, and
mitigation measures in the City's development regulations and
Comprehensive Plan adopted under Chapter 36.70A RCW, and in other
applicable laws and rules, provide adequate analysis of and
mitigation for the specific adverse environmental impacts of the
project action to which the requirements apply, provided that the
following requirements are met:
1. In the course of project review, including any
required environmental analysis, the City considers the specific
probable adverse environmental impacts of the proposed action and
determines that these specific impacts are adequately addressed by
the development regulations or other applicable requirements of the
Comprehensive Plan, or other rules or laws; and
2. The City bases or conditions its approval on
compliance with these requirements or mitigation measures.
B. If the City's Comprehensive Plan and development regu-
lations adequately address a project's probable specific adverse
environmental impacts, as determined under subsection A of this
- 20 -
section, the City shall not impose additional mitigation under this
Chapter during project review. Project review shall be integrated
with environmental analysis under this Chapter.
C. The Comprehensive Plan or development regulation shall
be considered to adequately address an impact if the City, through
the planning and environmental review process under Chapter 36.70A
RCW and this Chapter, has identified the specific adverse environ-
mental impacts and:
1. The impacts have been avoided or otherwise
mitigated; or
2. The City Council has designated as acceptable
certain levels of service, land use designations, development
standards, or other land use planning required or allowed by
Chapter 36.70A RCW.
D. In deciding whether a specific adverse environmental
impact has been addressed by an existing rule or law of another
agency with jurisdiction with environmental expertise with regard
to a specific environmental impact, the City shall consult orally
or in writing with that agency and may expressly defer to that
agency. In making this deferral, the City shall base or condition
its project approval on compliance with these other existing rules
or laws.
E. Nothing in this section limits the City's authority in
its review or mitigation of a project to adopt or otherwise rely on
environmental analyses and requirements under other laws, as
provided by this Chapter and the State Environmental Policy Act,
Chapter 43.21C RCW.
F. A planned action, as defined in this subsection, does
not require a threshold determination or the preparation of an
- 21 -
environmental impact statement under this Chapter, but is subject
to environmental review and mitigation as provided in this Chapter.
For purposes of this subsection, a "planned action" means one or
more types of project action that:
1. Are designated planned actions by an ordinance or
resolution adopted by the City Council;
2. Have had the significant impacts adequately
addressed in an environmental impact statement prepared in
conjunction with the Comprehensive Plan;
3. Are not essential public facilities as defined in
RCW 36.70A.200; and
4. Are consistent with the Comprehensive Plan.
Section 9. Ordinance 2312 and Chapter 15.04 of the Port
Angeles Municipal Code are hereby amended by amending PAMC
15.04.280 to read as follows:
15.04.280 - Appeals. The City of Port Angeles establishes
the following administrative appeal procedures under RCW 43.21C.075
and WAC 197 -11 -680:
A. Any agency or person may appeal the City's procedural
compliance with Chapter 197 -11 WAC for issuance of the following:
1. A final DNS. Appeal of the DNS must be made to the
Planning Commission City Council within tcn (10) fourteen (14) days
of the date the DNS is final (see WAC 197- 11- 390(2) (a)).
2. A DS. The appeal must be made to the Planning
Comm4..3:on City Council within tcn (10) fourteen (14) days of the
date the DS is issued.
3. An EIS. Appeal of the FEIS must be made to the
Planning Commission City Council within tcn (10) fourteen (14) days
of the date the permit or other approval is issued.
- 22 -
B. For any appeal under this subsection, the City shall
provide for a record that shall consist of the following:
1. Findings and conclusions;
2. Testimony under oath; and
3. A taped or written transcript.
C. The City may rcquirc the appellant to providc shall
provide for an electronically recorded transcript of the proceed -
j.ngs and may require the appellant to provide a written transcript.
D. The procedural determination by the City's Responsible
Official shall carry substantial weight in any appeal proceeding.
E. The City shall give official notice under WAC 197 -11-
680(5) stating the date and place for commencing an appealwhcncvcr
it 13SUCS a permit or approval for which a statute or ordinance
cctablishca a timc limit for commcncing judicial app al. If there
is no time period for appealing the underlying governmental action,
and a notice of action under RCW 43.21C.080 is used, appeals shall
be commenced within the time period specified by RCW 43.21C.080.
F. Timing of Appeals.
1. There shall be no more than one city appeal
proceeding on a procedural determination (the adequacy of a deter-
mination of significance/nonsignificance or of a final environ-
mental impact statement). The appeal proceeding on a determination
of significance may occur before the City's final decision on a
proposed action. The appeal proceeding on a determination of
nonsignificance may occur before the City's final decision on a
proposed action only if the appeal is heard at a proceeding where
the hearing body will render a final recommendation or decision on
the proposed underlying governmental action. Such appeals shall
also be allowed for a determination of significance / nonsignificance
- 23 -
which may be issued by the City after supplemental review.
The City shall consolidate an appeal of procedur-
Al issues and of substantive determinations made under this Chapter
(such as a decision to require particular mitigation measures or to
leny a proposal) with a hearing or appeal on the underlying govern -
'rental action by providing for a ingle simultaneous hearing before
pne hearing body to consider the agency decision on a proposal and
Any environmental determinations made under this Chapter. with the
exception of the appeal. if any. of a determination of signifi-
cance.
Section 10 - Severability. If any provisions of this
Ordinance, or its application to any person or circumstances, is
held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is
not affected.
Section 11 - Effective Date. This Ordinance shall take
effect five days after the date of 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 March,
1996.
ATTEST:
&L.(‘r
Acts65cxxxtxz
Ciy Cl rk
APPROVED AS TO FORM:
Craig D. \Knutson, City Attorney
PUBLISHED : March 24, 1996
96.03A
Summary of Ordinance Adopted by the
Port Angeles City Council
on March 19. 1996 and Corrected
on April 2, 1996
Ordinance No. 2911
This Ordinance of the City of Port Angeles implements the requirements of the
Washington State Regulatory Reform Act, Chapter 347, Laws of 1995, establishes
a consolidated development permit process, amends Ordinances 1709, 2038, 2222,
2312, 2103, 2471, and 2483, as amended, and amends Chapters 15.04, 16.04,
17.17, 17.18, 17.19, 17.26, and 17.96 of, and adds a new Chapter 18.02 to, the
Port Angeles Municipal Code.
Summary of Ordinance Adopted by the
Port Angeles City Council
on April 2, 1996
Ordinance No. 2912
This Ordinance of the City of Port Angeles eliminates the requirement for a radio and
television antenna permit and repeals Ordinance 1273 and Chapter 14.28 of the Port
Angeles Municipal Code.
The full texts of the Ordinances are available, for a fee, 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.
Ordinance No. 2911 took effect on March 29, 1996. Ordinance No. 2912 shall take effect five
days after the date of publication of this summary.
Publish: April 7. 1996
Becky J. Upton
City Clerk
Summaries of Ordinances Adopted by the
Port Angeles City Council
on March 19, 1996
Ordinance No. 2911
This Ordinance of the City of Port Angeles implements the requirements of the
Washington State Regulatory Reform Act, Chapter 347, Laws of 1995, establishes
a consolidated development permit process, amends Ordinances 1709, 2312, 2103,
2471, and 2483, as amended, and amends Chapters 15.04, 17.17, 17.18, 17.19, 17.26,
and 17.96 of, and adds a new Chapter 18.02 to, the Port Angeles Municipal Code.
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 shall take effect five days after the date of publication of this summary.
Publish: March 24, 1996
Becky J. Upton
City Clerk