HomeMy WebLinkAboutMinutes 08/28/1991
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AGENDA
PORT ANGELES PLANNING COMMISSION
City Council Chambers
321 East Fifth Street
Port Angeles, W A 98362
August 28, 1991
7:00 P.M.
I. CALL TO ORDER
ll. ROLL CALL
m. APPROVAL OF MINUTES: Meeting of August 14, 1991, and correction to
Minutes of June 26, 1991.
IV.
PUBUC HEARING:
1. PROPOSED ZONING CODE AMENDMENT - ZCA 91(08)6 - CITY OF
PORT ANGELFS. City-wide: Day care and residential care regulations.
VI. COMMUNICA nONS FROM THE PUBLIC
VII. STAFF REPORTS
1. DmftCI~andGnWngOr~u
VID. REPORTS OF COMMISSION l\1EMBERS
IX. ADJOURNMENT
All correspondence pertaining to a hearing item received by the Planning Department at least
one day prior to the scheduled hearing will be provided to Commission members before the
hearing.
Planning Commi68ion: Ray Gruver, Chair; Cindy Souders, Vicc-Chair; Jim Hulett; Roger Catta; !.any Leonard; Bob FhiIpou; Bill Anlbel.
Planning Staff: Brad Collill!, Planning Director; Sue Roberds, Planning Office Specialist; John Jintel'llOIl, Msociate Planner; David Sawyer.
Senior Planner.
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PUBLIC HEARING PROCEDURE:
Spokesmen for the proponents and opponents will be given an opportunity to speak to the
request. Information submitted should be factual, relevant and not merely duplication of a
previous presentation. A reasonable time (10 minutes) shall be allowed the spokesman; others
shall be limited to short supporting remarks (5 minutes). Other interested parties will be allowed
to comment briefly (5 minutes each) or make inquiries. The Chairman may allow additional
public testimony if the issue warrants it. Brief rebuttal (5 minutes) for proponents and opponents
heard separately and consecutively with presentation limited to their spokesman. Rebuttal shall
be limited to factual statements pertaining to previous testimony. Comments should be directed
to the Planning Commission~ not the City Staff representatives present, unless directed to do so
by the Chairman.
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PLANNING COMMISSION
Port Angeles, Washington
August 28, 1991
I CALL TO ORDER
Chairman Gruver called the meeting to order at 7:00 P.M.
II ROLL CALL
Members Present:
Bill Anabel, Cindy Souders, Ray Gruver,
Roger Catts, Larry Leonard.
Members Excused:
Jim Hulett, Bob Philpott.
Staff Present:
Brad Collins,
Becker.
John Jimerson,
Bruce
III APPROVAL OF MINUTES
Mr. Leonard moved to approve the minutes of the August 14,
1991, meeting, noting one change to page 4, Condition A, to
read: liThe parking lot shall be graded to flow into catch
basins prior to discharge to grassy swales, or as approved by
the Department of Fisheries. II The motion was seconded by Mr.
Anabel and passed 4 - 0, with Ms. Souders abstaining.
Mr. Catts moved to amend the minutes of the Planning Commis-
sion for June 26, 1991, by adding the following to page 9:
Mr. Hulett moved to re-open the hearinq and continue it to the
July 10th meetinq. Mr. Anabel seconded the motion. which
passed unanimouslY. The motion was seconded by Mr. Anabel and
passed 4 - 0, with Mr. Leonard abstaining.
IV PUBLIC HEARING
PROPOSED ZONING CODE AMENDMENT - ZCA-91(08)6 - CITY OF
PORT ANGELES, City-wide: Day care and residential care
regulations.
Mr. Jimerson reviewed the Department Report. Mr. Leonard
asked how life safety inspections would occur if the City did
not have a permitting process. Fire Marshal Becker responded
that the Fire Department is notified by DSHS when day cares
apply for licenses and the Fire Department does inspect all
day care facilities. DSHS would not issue a license until the
Code is met and inspections have been made. Mr. Leonard asked
why day care should be treated differently than other types of
home occupations, such as a beauty shop. Staff responded that
residential day care, by definition, is accessory to residen-
tial use and beauty shops are commercial in nature and do not
require residential locations to exist. The Comprehensive
Plan does not limit its scope of concern to land use impacts,
PLANNING COMMISSION
August 28, 1991
Page 2
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but also considers social objectives and the need for adequate
community facilities. Mr. Collins pointed out the staff's
recommendation does not follow to the letter the model
ordinance recommendation. For example, the model ordinance
recommends that Residential Care Facilities be permitted by
right in all zoning districts. staff I s recommendation is that
a conditional use permit be required in residential districts.
Chairman Gruver opened the public hearing at 7:10 P.M.
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Nancy Martin, 2340 Samara Place, the director of Parent Line,
reviewed the history of the Governor's Task Force which was
created to eliminate barriers to provision of day care,
resulting in a Bill which was passed requiring local govern-
ments to study the need for day care. She was concerned that
Conditional Use Permit requirements would reduce the avail-
ability of day care facilities. The number of children
included in a family day care center must include the pro-
vider's own children. She stated the Department of Social and
Health Services provides rigorous reviews, and the City's
reviews would be an unnecessary duplication. DSHS evaluates
day care facilities with respect to fire and health concerns.
Family day care centers maintain a residential appearance.
There are no exterior signs; there are no significant numbers
of parked cars; they do not appear as a business from the
outside. She noted that Parent Line, which acts as a referral
source between parents searching for day care and licensed day
care providers, is unable to provide referrals for approxi-
mately 25% of the people who call in, and it is especially
difficult to find day care for those who have infants two
years and younger. The slow economy in the region has
resulted in increasing numbers of two employed persons in the
households - the mothers are forced to go to work to support
the household. There is ambiguity in the current codes with
regard to child care. Child care is not defined. It is a
question whether it should be interpreted as a home occupation
or as a pre-school or something else. The Conditional Use
Permit process is time-consuming; it is costly; and it dupli-
cates the State I s processes. The SEPA review process is
burdensome and serves no practical purpose. There are 200
communities in ~ashington which already exempt day care
facilities; 85 communities have responded to the model
ordinance prepared by the State.
Mr. Catts asked what percent of care centers in Port Angeles
are operating without a license. Ms. Martin responded it is
hard to estimate because parents who use the "underground" day
cares are very secretive about letting anyone know who is
providing those services.
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Jessica Schreiber, 3261 Greentree Lane, stated there is a need
for day care to be provided in Port Angeles. The City should
not only be removing barriers to day care, but encouraging it
also. There are sound policy reasons to support exempting
family day care facilities from home occupations. She cited
PLANNING COMMISSION
August 28, 1991
Page 3
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a traffic study which was conducted on the impact of day cares
in residential zones, which found that traffic increased only
slightly and that the distribution of automobile traffic was
spread out evenlyithroughout the day. There was no signifi-
cant back-up of cars at anyone time. Further, residential
day cares should not be treated the same as a business, as
there is not enough money to be made by the providers. Many
of the providers are working for poverty level wages. She
noted there is a turnover rate in providers of approximately
40%. Family day care centers provide an opportunity for care
of children within a home setting and not in a commercial
setting. There are conflicting state and local regulations,
which create confusion for the provider, resulting in many day
care providers avoiding the licensing procedures and working
"underground". In response to questions from the commission,
Ms. Schreiber stated many day care providers charge $1.50 per
hour per child. conflicts between State and local regulations
could include the number of children allowed, the amount of
play area required, fire safety and building code differences.
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Lois Blank, 824 Georgiana, stated DSHS puts the providers
through a rigorous review which involves personal and criminal
checks. Providers are required to obtain first aid training
and CPR training. Day care homes are inspected annually by
the Fire Department. They are required to maintain smoke
detectors and the houses be child-proofed to protect the
children from any poisons, wood stoves, etc., which could
present a hazard. Health issues are also considered, noting,
for example, the children's coats have to be located so they
do not touch each other; the dirty diapers are to be placed in
plastic bags and the parents take them home to dispose of.
There is a heavy demand for child care in Port Angeles which
needs to be filled.
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Larry Hayden, 1831 West Seventh street, stated he is employed
by the Department of Social and Health Services and is
responsible for licensing family day care homes. He pointed
out he is neither a proponent nor an opponent for the proposed
ordinance amendment; rather, he was making himself available
for questions on State regulations and licensing procedures.
The State licensing procedure is rigorous, taking 90 to 120
days to complete. Of those who apply for approval, approxi-
mately one-third actually make it through the process. The
other two-thirds drop out because either the process is too
extensive or complex, or often because the applicant is found
to have a criminal record. It is his job to look at three
aspects of the family day care home when evaluating an
application. He looks at the person; their character, back-
ground, education, etc. He looks at the physical facility:
are the bathrooms adequate? Is there adequate interior space?
Is there adequate exterior space? Are Child-proof fences
provided/ He pointed out that DSHS cannot issue a license
until the Fire Department has certified that the home meets
the Code. The third criterion for evaluation is the program
to be provided. He referenced that the State has a set of
PLANNING COMMISSION
August 28, 1991
Page 4
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developmentally appropriate practices. The licensing process
can typically result in cost to the applicant that ranges from
$1,000 to $5,000. Day care providers are required to be
insured and the Department of Social and Health Services also
monitors the food programs. Food programs are run by a
private non-profit organization, which makes food available to
all licensed day care facilities at a discount. The State
tries to inspect each day care once a month if possible.
Inspections are unscheduled and drop-in visits are made at
random. In response to questions from the Commission, Mr.
Hayden stated that the City of Port Angeles could absorb twice
the number of existing family day care homes, noting there is
a special need for day care homes which provide service to
infants two years of age and younger. The licensing applica-
tion fee for DSHS itself is $24. Most of the cost of licens-
ing comes from the need to upgrade the facilities to meet the
State standards. Required fencing is typically the most
expensive item. The state is trying to encourage day care
facilities, noting that Parent Line was created as a means to
match up parents in need of day care with licensed day care
providers. He has not had any problems with conflicts between
state and local regulations. Those are the type of things
that, may affect the providers themselves, but not him as an
employee of the state. The state has the power to revoke
licenses; however, they probably would not revoke a license if
neighbors were to complain about excessive noise. Rather,
they would work with the provider to arrange for activities
and operations that would not generate as much noise. Mr.
Hayden noted that he is responsible for licensing all of
Clallam County and a portion of Port Townsend. There are 52
licensed centers in Clallam County and approximately 30 in
Port Angeles. The time-consuming aspect of obtaining state
licensing is not a result of bureaucratic processes. Rather,
it is mostly attributed to the time it takes to comply with
the requirements of the state. Contractors need to be
arranged for and the work needs to be carried out. Re-
inspections need to be made after work is completed. It is
very difficult to complete the process in 90 days - 120 days
is more realistic. The high turn-over rate can, in part, be
attributed to the lack of income generated by a family day
care home. Many providers will move and not re-open a day
care after they move. Many day care providers get tired of
the constant review by the state. The City's application
costs become a burden when they are added to all the other
expenses necessary to comply with the State's requirements to
open up, especially when the day care provider is just start-
ing and does not have any income yet. He estimated approxi-
mately one-third of the day care providers would have quit had
they been required to follow up with the City's permitting
process. Mr. Hayden stated that much of his job is to act as
an investigator; that he has a significant amount of authority
in investigating the backgrounds of potential day care
providers.
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PLANNING COMMISSION
August 28, 1991
Page 5
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Jodie Applegate, 117 East 13th street, stated she has l8 years
experience as a family home day care provider and has only
been licensed for the past four years. There has been
significant difference between the years that she operated
unlicensed and the years she has operated licensed. She
stated she has almost quit three times since she has been
licensed because of the bureaucracy and constant inspections.
She found it was much easier to operate as an unlicensed day
care center. She was not as concerned with the fee as much as
with the bureaucracy and the duplicity of regulations.
Vickie Lund, 2811 South Peabody, is a home day care operator.
She stated children with special needs are better cared for in
a family day care center, as opposed to a commercial day care
center. Retarded children, children with alcoholic syndrome,
children of single parents, would not do as well in the
commercial day care center. Family day care centers provide
much more of a family atmosphere.
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Kathy Corriel, 1914 South pine street, stated she is a parent
with children in day care. It is important for her to have a
day care with someone she can trust to leave her children
with. She found that although it was difficult to give up her
child to day care, the family day care was the only acceptable
alternative. She is concerned with the lack of supply of
family day care centers in the community and encouraged the
decrease of bureaucratic processes.
Layton Lund, 2811 South Peabody street, stated it is important
to protect the single-family residential character, but did
not think a family day care home would have any different
impacts than a large family would.
Cindy Rassmusson, 107 East 13th Street, stated she is a next
door neighbor of a family day care home. She has experienced
no parking problems with the day care. She experiences more
parking problems with the church in her neighborhood. She
stated there is always activity on the block and the day care
blends in quite nicely. The day care homes are, in general,
kept very neat and tidy; they are maintained, contain nice
fences, maintain landscaping, etc. She stated the interior of
her neighbor's home is always clean and it is nice to have a
neighbor with first aid and CPR training in case she ever
needs that type of service.
The Planning Commission took a break at 8:50 P.M. and recon-
vened at 9:00 P.M.
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Melody Dougherty, 116 ElCamino Drive, Sequim, stated that the
City of Sequim requires no conditional use permits for day
cares. She explained some of the requirements in partici-
pating in the food program, including the need to record the
menus and the number of children served daily. There are
strict requirements on what they may serve to the children.
There is a real need for infant care in the community. She
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PLANNING COMMISSION
August 28, 1991
Page 6
explained some of the costs involved in providing the day
care, including the insurance and the cost of the food which
is not paid for by the food program. She stated she makes
about $600 per month providing day care and she is willing to
do it because she wants to stay home with her own children.
Karen Unger, 512 Ahlvers Road, the mother of three, stated
there is a need for affordable and safe day care on which she
can rely. The need to provide day care should be carefully
balanced with the needs of the City to control day care
centers. The Fire Department knows where day care centers are
located without the permitting process, as they are notified
by DSHS. If more than one day care happens to locate on a
block, it is because they are fulfilling a need. If day cares
do create problems in neighborhoods, those problems can be
addressed through the City's nuisance ordinance. There is an
increased number of working mothers, which increases the
demand for day care. The City should not be concerned about
an over-supply of day care centers. Day care centers would
not become a problem to the City if they are unregulated.
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Chairman Gruver asked staff if noise and traffic problems
could be addressed in the nuisance ordinance. Mr. Collins
responded that noise could be addressed by the nuisance
ordinance, but doubted that a day care center would generate
enough noise to constitute a nuisance. He did not believe the
nuisance ordinance could be invoked to handle any problems
with the number of vehicle trips generated by a day care home.
Tami Brodhun, 214 Dogwood Place, stated she makes as little as
$300 per month in day care. She has thought of going un-
licensed to avoid the bureaucratic red tape. She read a
letter from the Peninsula Childrens' Center in support of
exempting day cares to the Planning Commission.
Natalie Bryant, 925 East Orcas, stated when she first opened
her day care center two years ago, she checked with the City
and was told that there was no conditional use permit required
and she was licensed by the State. She was surprised when she
was informed that she did need to apply for a Conditional Use
Permit. Her monthly gross income ranges between $500 and
$1,100. It cost her $2,000 to get a conditional use permit in
Kirkland, and it has cost her $5,000 to meet the State's
requirements to open up a day care in Port Angeles. The
Kirkland cost for the conditional use permit was generated
mainly from the requirement to provide landscaping to create
a noise buffer zone. In response to a question from the
Planning Commission, Ms. Bryant stated that of the $5,000 she
spent upgrading her home for a day care, very little of that
upgrade would have been made had she not opened a day care.
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Kathy Mitrovitch, 2110 West Fourth Street, stated it is diffi-
cult to find infant care. She noted day care providers not
only have to put up with the stress that goes with the state
licensing procedures, but they also have to constantly deal
PLANNING COMMISSION
August 28, 1991
Page 7
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with the concerns and questions of parents.
viders are always under extreme scrutiny.
Day care pro-
Cindy Crumb, 427 East Park, stated she has a child with
leukemia who is not allowed to be cared for in a day care
center but she hopes in the next year or two he may be allowed
to be cared for a~ a family home day care center. She noted
that family day care centers provide an important service in
that there are many unwed teen-aged mothers who need day care
so they may be freed up to seek employment and provide for
their family.
Sue Packman, 207 Alderwood Circle, stated she is an employer
of two young women and if there is quality day care in the
community, her employees are more likely to keep their minds
on their jobs, rather than worrying about their children.
Laura Coldbeck, 813 West 15th street, stated in her neigh-
borhood she has more problems with the City trucks from the
Corporation Yard than she would with a day care. She read a
letter from Mark Gray to the Planning commission in support of
the proposed ordinance.
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Pat Filion, 1110 West Fourth street, read a letter of support
to the Planning Commission from an unidentified individual.
She noted when she received a letter from the City stating
that a Conditional Use Permit is required, it was almost the
last straw, resulting in her quitting the business.
Carrie Wanner, 616 East 11th Street, stated that she is a
mother and she has had a difficult time finding a licensed day
care center. She read into the record a letter from Linda
Putnam to the Planning Commission in support of exempting day
care centers from Conditional Use Permits.
Doris Ehlke, 4508 Old Mill Road, stated she is a licensed
provider and explained there are many expenses involved in
operating a day care center in providing food and replacing
toys and equipment and maintaining the home. She read into
the record a letter from Jay McDougal to the Planning Commis-
sion in support of exemption of day cares from Conditional Use
Permits.
There being no further public testimony, Chairman Gruver
closed the public, hearing at 9:50 P.M.
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In response to direct questions from the Planning commission,
Nancy Martin stated that every provider present at this
meeting is licensed by the State; that it would be difficult
to identify unlicensed providers because of the secrecy and
guardedness of those operations. By eliminating the require-
ment for a Conditional Use Permit, it will be easier to
recruit day care providers. Parent Line and the State will be
embarking on a recruiting venture in the near future. They
are also working to eliminate unnecessary barriers created by
the Department of Social and Health Services. The change of
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PLANNING COMMISSION
August 28, 1991
Page 8
the ordinance would probably not encourage existing unlicensed
providers to become licensed. Many of those providers are not
operating within the requirements of the State already; they
do not meet standards; they may have excessive numbers of
children; and also they would not be aware of the city IS
regulations.
Mr. Leonard moved to forward a favorable recommendation to the
City Council, citing the following findings and conclusions:
FINDINGS:
1. The Zoning Ordinance does not permit by right day care
facilities in any zoning district within the City.
2. The Zoning Ordinance does not make a specific distinction
between size and type of day care facilities.
3. The Zoning Ordinance requires that all day care facili-
ties obtain a Conditional Use Permit, regardless of type,
size, and location.
4. The Zoning Ordinance does not permit by right residential
care facilities in any zoning district within the City.
5.
The Zoning Ordinance does not make a distinction between
size and type of residential care facilities.
6. The Zoning Ordinance requires that all residential care
facilities obtain a Conditional Use Permit, regardless of
size, type, and location.
7. The State I s model ordinances for day care and residential
care facilities have been considered for this proposal.
8. The Comprehensive Plan has been considered with respect
to the Zoning Code Amendments.
9. Recent census studies indicate Changing composition of
family groups and higher incidence of employment of both
parents outside the home.
CONCLUSIONS:
A.
The Zoning Code Amendments are consistent with the
Comprehensive Plan and specifically with Residential
Policies Nos. 2 and 18, Commercial Policy No.1, Social
Policy No.4, Social Objectives Nos. 2 and 3, Land Use
Objectives Nos. 1 and 2, and the following Goals:
A community where development and use of the land are
done in a manner that is compatible with the environment,
the characteristics of the use and the users.
PLANNING COMMISSION
August 28, 1991
Page 9
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The prov1s10n of community facilities which meet the
needs of the people of all areas of the city and enhance
the character and quality of all areas of the city.
A community of viable neighborhoods and variety of
opportunities for personal interaction, fulfillment and
enjoyment, attractive to people of all ages, charac-
teristics and interests.
B. The amendments would contribute to provision of afford-
able, quality day care which is critical to the well-
being of parents and children in the community and is a
needed community service.
C. The amendments would contribute to prov1s~on of housing
facilities for special needs populations and therefore
fulfills a needed community service.
D. Changes in circumstances of family relationships have
occurred since the Zoning Code and Comprehensive Plan
were adopted.
E. The proposed amendment is in the publ ic use and interest.
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The motion was seconded by Ms. Souders.
Mr. Leonard stated the day care providers should start working
on the State to have the State remove many of the unnecessary
barriers they are putting forth.
In response to questions from the Planning Commission, Mr.
Collins explained the three levels of residential care
facilities classification as contained in the state's model
ordinance. The city does not have experience with the level
of detail provided in the State's definitions. The group home
classification was retained, because it is not as specific as
the residential care facilities definitions. It does provide
the broadest term possible and may include uses which go
beyond residential care facilities definitions. Mr. Collins
explained that residential care facilities are recommended as
a Conditional Use Permit, along with group homes, in the
Office Commercial District because the OC District is a less
intensive district than other commercial districts, such as
ACD and CBD.
On call for the question, the motion passed unanimously.
Chairman Gruver commented that the day care providers'
presentation was very well organized.
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The Planning commission took a break at 10:15 and reconvened
at 10:20.
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PLANNING COMMISSION
August 28, 1991
Page 10
V COMMUNICATIONS FROM THE PUBLIC
None.
VI STAFF REPORTS
1. Draft Clearinq and Gradinq Ordinance
Mr. Collins presented the draft clearing and grading ordinance
and suggested the Planning commission should set a public
hearing for the second regular meeting in September. Also at
that meeting the Planning commission will be reviewing the
critical areas ordinances, and it would be appropriate all of
these two ordinances be considered at the same time.
The Planning Commission and staff discussed various ways to
notify interested parties of actions and projects which were
being considered by the Planning commission, such as the
proposed clearing and grading ordinance.
Mr. Collins presented the revised long-range meeting schedule
for the next six months and discussed scheduling concerns with
respect to Growth Management deadlines.
VII REPORTS OF COMMISSION MEMBERS
Mr. Leonard noted there is a seminar sponsored by the Board of
Realtors which provides an excellent overview of the planning
process, and encouraged the Commissioners to attend, if
possible.
Mr. Collins added there is an opportunity at this time for
those Planning Commissioners who wish to join the American
P~anning Association.
Mr. Gruver noted that one of the
Mr. Anabel noted that the soffit lights
City Hall are still burned out.
to
broken.
VIII ADJOURNMENT
There being no further business,
the meeting at 10:50 P.M. The
Catts and carried unanimously.
ary
JJ: LM
PLAN. 498
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PLEASE SIGN IN
CITY OF PORT ANGELES
Attendance Roster
Type OfM~ p~~co~n
Date . 99 /
Location 21 - ~th Street -. ~I
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PLEASE SIGN IN
CITY OF PORT ANGELES
Attendance Roster
Type of Meeting Planning Commission
Date
Location 321 E. 5th Street - City Hall
Name
Address
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