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Home My WebLink AboutAgenda Packet 1/4/2000 . · i~~ORTANGELES \'W'A'S; H I N G TON, U.S.A. ~,(:",~':.\:,; ....; AGENDA CITY" COUNCIL MEEXING .. '~21 i~ST l!IJ[J!!!~J~ET .t >'JaJluary 4;,2000 REGUIWR""MEETING - 6:00p.m. A. CALL TO ORDER - Regular Meeting (6:00 p.m.) 1. Administration of Oath of Office to Orville Campbell, Lauren Erickson and Glenn Wiggins 2. Election/Seating of Mayor ,',' 3. Election/Seating of Deputy Mayor ROLL CALL - PLEDGE OF ALLEGIANCE - CEREMONIAL MATTERS & PROCLAMATIONS Proclamation recognizing the resignation of . Bruce Becker, Fire Chief 1 Presentation . B. WORK SESSION C. LA TEJTEMS TO BE PLACED ON TI;IIS OR FUTUREAGENDAS (By Council,Staff or Public) AND PUBLIC COMMENT FOR ITE1\1SNOTON AGENDA (This is the opportunityformembers of the public to speak to the City Council alJput anything not on the agenda, please keep comments t05-10 minu~es.) D. FINANCE . .',l: Final Acceptance and Release of Retainage for Turriwater & 5th Slide Street Repair . ',I,{.'",;::,", ,;",' E. . CONSENT AGENDA Council minutes of December 21, 1999 regular meeting 3 Action Action F. CITY COUNCIL COMMITTEE REPORTS G. ORDINANCES NOT REQUIRING PUBLIC HEARINGS H. . RESOLUTIONS I. OTHER CONSIDERATIONS .J. PUBLIC HEARINGS - QUASI-JUDICIAL (7:00 P.M. or soon thereafter) . NOTE: HEARING DEVICES AYAIBABpEFOR THOSE NEEDING ASSISTANC~ MA YORo'fO'DElfERMINE;TIME()FBREAK January 4,2000 PdfvAngetes City. Council Meeting . Page - 1 '-,..."'.' "c'" , K..PUBLIC ij:~.~RI~G . ....... THEI(+.J Municipal Code AmendthentMCA 99-02 - City 9 of Port Angeles: Proposed aIll7hdthents t() portions of the Zoning Ordin3rice, Short Plat Ordinance, al!d Subdivi~ion,0rdinan~.~ changes consistent with'I!lt()se regulaR()ris"b~!'.k clarifying . ~pecific ,.~ec!i9IiS~ip(;!udinilli~_~()!p~ occupation; bed and br~in residential' . areas, and retail stand nefInit proqss,es, h~yY industrial use!btiffer/si~lrigwati6ii~;'~~: husbandry definitions, and subdivision improvement requirements:~ L. INFORMATION 1. City Manager'sReport (Page 19) * Public NuisanceStlIl1II1ary -1999 (Page'23)' * Summary of Fiberldptics Feasibility StUdy (Page 25) t..'.,.. ,," 't:'.- _.,-':;.,';f . 2. City Council ComriUttee AssignmentS fot'7000 (Page 27) 3, Humane Society Report - N()vem1?er 1999 (Page 31) -",,-, ,,,- . M. EXECUTIVE SESSION (Asneed~ii^qndc{etermlned by City Attorney) N. ADJOURNMENT' :~, '1 ). "NOTE: HEARINGDEVICESA'VAinA.BLE FOR THOSENEEDING:,ASSISTANCE <A"'MAlY{')RRTO!iDETrERMINE'TIME'OFmREAK Jalmary 4, 2000\:-.PbrtfJ\rigeles{City CouncihMeeting /' ,'Page - 2 I. ---- , ~ORTANGELES WAS H I N G TON, U. S. A. CITY OF PORT ANGELES CITY COUNCIL MEETING CALL TO ORDER - REGULAR MEETING: II. ROLL CALL: Members Prese =f Mayor Councilman C pbell .. . Cm.m.cilman Doyle Councilmember Erickson Councilman Hulett Councilmember McKeown . Councilman Wiggins Councilman Williams Staff Present: Manager Quinn Attorney Knutson Clerk Upton B, Becker S. Brodhun B. Collins G. Cutler S.Ilk Y. Ziomkowski III. PLEDGE OF ALLEGIANCE: Led by: <;:)QM4,4J ~l)if() + \/ -+ V' V" ~ -- January 4, 2000 (/ o~'1t1 . I other~nt: ~ .~ \ i \ · ~ORTANGELES WAS H I N G TON, U. S. A. DATE OF MEETING: January 4, 2000 CITY OF PORT ANGELES CITY COUNCIL MEETING Attendance Roster LOCATION: City Council Chambers 905 W' li:D- I~il E lf1a;ri cLi en f6lu . ' ~ (~""... F~"; \ L....... ,. \'- ,/ ~ '" - PRO C LAMA T ION Fire Chief Bruce Becker WHEREAS, Bruce Becker has worked for the City of Port Angeles since December 1, 1986, as Fire Marshal and appointed Fire Chief in 1995; and WHEREAS, Chief Becker has used his skills and abilities to provide the citizens of Port Angeles a reasonable degree of safety to life and the protection of property from fire; and . WHEREAS, Chief Becker's progressive leadership was instrumental in the City's adoption of residential fire sprinkler .Iegislation intended to further save lives: and WHEREAS, Chief Becker is leaving the City of Port Angeles safer from the effects of fire than when he started; NOW, THEREFORE, I, Gary Braun, as Mayor of the City of Port Angeles, do hereby proclaim on behalf of a grateful City Council and staff as follows: WE REGRETTABLY APPROVE Bruce Becker's resignation and do congratulate him on his distinguished employment with the City, wishing him all the best as he continues his career in California. December 31, 1999 Gary Braun, Mayor . \... ~ , 1 . . . 2 . . . DATE: To: FROM: SUBJECT: "" \',',', 120RTANCELES WASH I N G TON, U. S~ A. CITY COUNCIL MEMO January 4, 2000 MAYOR AND CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utility Services Final Acceptance and Release of Retainage for the Tumwater and 5th St. Slide Repair [Project 99-05] Summary: General Construction Company has completed the repairs on the slope and street grade that failed in the rains of early 1999. This slope failure caused the closure of Tumwater Street from the intersection with 5th Street to Marine Drive. The work has been inspected and accepted as complete and General Construction has been paid the final payment in the amount of$101,205.19. Recommendation: Accept the project and authorize the release of General Construction Company's Retainage in the amount of $5,060.26 upon the receipt of clearances from the Departments of Revenue and Labor and Industries. Background / Analysis: General Construction Company has completed repairs to the slope and street grade that support Tumwater Street. This work involved installation of a retaining wall, erosion control, drainage improvements, and the installation of a new pedestrian barrier. This emergency repair project was funded by the street budget following the application denial by FEMA. The original contract amount was $112,624.00. The variance was due to changing site conditions, unit variations, and design clarifications. N:\PROJECTS\99-05\TUMW A T\CCACPT.MO 3 . . . CALL TO ORDER- REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: CEREMONIAL MA TTERS/ PROCLAMA nONS: Proclamation in Recognition of Karen Niemi Proclamation in Recognition of Mayor Gary Braun WORK SESSION: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDA: FINANCE: Sewage Flow Monitoring Devices CONSENT AGENDA: CITY COUNCIL MEETING Port Angeles, Washington Decem ber 21, 1999 Mayor Braun called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Braun, Councilmembers Campbell, Doyle, Hulett, McKeown, Wiggins, and Williams. None. Members Absent: Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, G. Cutler, S. Ilk, Y. Ziomkowski, D. McKeen, K. Niemi, L. Bryant, T. O'Neill, R. Hostetler, B. Veldhouse, J. Hordyk, G. Kenworthy, B. Coons, C. Possinger, B. Filigno, S. Kenyon, D. Madison, C. Hagar, T. Nevaril, and D. Grove. L. Lee, D. Duncan, P. Ostrowski, and D. Maguire. Public Present: Mayor Braun introduced former Mayors Dorothy Duncan, Prosper Ostrowski, Jim Hallett, Carl Olson, and ChuckWhidden and then led the Pledge of Allegiance to the Flag. 1. Proclamation in Recognition of Karen Niemi's Retirement Mayor Braun read a proclamation recognizing Karen Niemi's retirement after 25 years of service to the City of Port Angeles. Deputy Mayor Doyle read a proclamation recognizing the many years outgoing Mayor Braun has committed to the City, beginning with his career as a fire fighter. Former Mayors Dorothy Duncan, Prosper Ostrowski, Jim Hallett, Carl Olson, and Chuck Whidden all made brief statements in honor of Mayor Braun. None. Beverly Johnson, 914 N. Beech Street, speaking on behalf of area teenagers, stated that DavidFluke, Chief Probation Officer for Clallam County Detention Center, informed her that 50 youth per month go through the Juvenile Court system and, of that number, 30 youth have felony charges filed against them. Mr. Fluke and Mr. Ron Parker, Peninsula Mental Health, agreed to work with Scorcher if the City backs this program. Ms. Johnson felt more help was needed than the "Teen Scene" could provide and asked for the City's support in solving the youth problems. Purchase of Sewage Flow Monitoring Devices, Project 99-21 Mayor Braun reviewed the information provided by the Public Works Department. Discussion ensued, and Director Cutler responded to questions .and provided clarification. CouncHman Campbell moved to approve the purchase and installation of nine Rocky Mountain Instruments flow meters, for a cost not to exceed $37,000. CouncHman Wiggins seconded the motion, which carried unanimously. Councilmember McKeown moved to accept the Consent Agenda, to include: 1) Council minutes of December 7, 1999, regular meeting; and 2) Check Register - December 10, 1999 - $1,025,855.65. Councilman Hulett seconded the motion. - 1 - 5 CITY COUNCIL MEETING December 21, 1999 CONSENT AGENDA: (Cont'd) CITY COUNCIL COMMITTEE REPORTS: Tax Rate on Bingo Ordinance No. 3041 Wholesale Water Contract With PUD Amendment to Contract for Airport Road Design Services 6 Following brief discussion, a vote was taken on the motion, which carried unanimously. Councilman Wiggins announced that a Lodging Tax Subcommittee of the Council is . forwarding a letter to the Lodging Tax Advisory Committee making recommendations to provide policy direction for the spending of lodging tax revenues. Councilman Wiggins attended the re-dedication of the Courthouse and recommended everyone see the updated building which is an asset to the City. Councilman Doyle attended the Cascadia Mayor's Council in Vancouver, Washington, which was very informative. . Mayor Braun attended a Mayor's meeting and discussed the impacts of 1-695. He attended meetings for the Disability Board of Clallam County, Lauridsen Trust, and the Employees' Association Christmas party. Mayor Braun announced that the Hamilton Elementary stUdent who won the recycling contest was Lindsey Hilliard. ' Ordinances Not Requiring Public Hearings Ordinance Revising Tax Rate on Bingo Mayor Braun reviewed the information provided by the Finance Department. Following brief discussion, Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. 3041 AN ORDINANCE of the City of Port Angeles, revising the tax rate on bingo and amending Ordinance No. 1847, as amended, and Chapter 3.52 of the Port Angeles Municipal Code. Councilman Williams moved to adopt the' Ordinance as read by title. . Councilmember McKeown seconded the motion, which carried unanimously. Resolutions Not Requiring Public Hearings: None. Other Considerations 1. Wholesale Water Contract with Clallam County p,UD Mayor Braun reviewed the information provided by the Public Works and Utilities Department. Following brief clarification provided by staff, Councilman Doyle moved to authorize the Mayor to sign the extension of the wh,olesale water agreement with the PUD, with revised rates and consumption con'ditions, to December 31, 2000. Councilman Williams seconded the motion, which carried unanimously. 2. Amendment to Harding Lawson Infrastructure, Inc. Contract for Airport Road Design Services Mayor Braun reviewed the information provided by the Public Works and Utilities Department. At Councilman Campbell's request, Director Cutler explained that this project should not be impacted by 1-695, as it was started in 1994 and the monies have already been allocated by the State. Councilman Doyle asked if the biological assessment was causing a problem in completing the project on a timely basis. Gary Kenworthy, City Engineer, explained the biological assessment was almost completed when the Bull Trout was added to the Endangered Species Act (ESA); therefore, the City has to undergo the process again. Councilman Wiggins noted that most future City projects will be affected by the ESA, which will start costing real money. He felt the City should be notified as to what the ESA will cost the City in the future. Mr. Kenworthy responded that these questions will . be difficult to answer as so many projects will be impact~d. Councilman Williams agreed and asked if the money could be tracked through a cost center. Councilman Wiggins stated that one must build a case for any changes to be made to - 2 - Amendment to Contract for Airport Road Design Services (Cont'd) . Water Supply Study . PUBLIC HEARINGS - QUASI-JUDICIAL: PUBLIC HEARINGS - OTHER: Surplus Property Wildlife Hazard Contract Urban Growth Area Boundary Amendment . CITY COUNCILMEEI1NG December 21, 1999 the ESA, and the . way to build the case is to have the documentation to show cost impacts and project slowdowns caused by the ESA requirements. Director Cutler indicated staff could keep track of expenses as they are incurred, but it may be difficult to knO~l:in lldvance what mitigation, if any, will be necessary for each project. FoIlowing further discussion and clarification, particulary as regards the "4-D Rule", Councilman Campbell moved to authorize the Mayor to sign the Supplemental Agreement (Amendment No.3) in the added amount of$57,274.00 to the current agreement with Harding Lawson Associates Infrastructure, Inc., which increases the total not to exceed fee of the agreement to $279,511.30. Councilman Wiggins seconded the motion, which carried unanimously. 3. Amendment to CH2MHill Contract for Water Supply Study Mayor Braun reviewed the information provided by the Public Works and Utilities Department. <:ouncilman Wiggins asked if the City has a current list of costs associated with this project and, further, if letters have been sent to the Senators and Congressman so that they are kept informed as to the escalating costs. He reminded the Council that Senator Gorton asked to be apprized of these cost impacts and asked if he had been provided with a current list showing the total amount sunk. Director Cutler responded that all costs are being tracked, and negotiations have begun with the Park Service on how to present to them the necessary information so that the City can be reimbursed up to the $500,000 recently approved by Congress. Councilman Campbell stated that he believed the City has provided the Senator's office with information regarding the accumulated costs for Elwha studies. Director Cutler stated that some information had been provided; however, a detailed listing has not yet been sent. Councilman Wiggins moved to approve a change in the scope, increase the estimated budget by $27,160 in the current contract with CH2MHilJ, and authorize the Mayor to sign Amendment No.5 to the Water Supply Study Project 97-16. Councilman Doyle seconded the motion, which carried unanimously. None. Surplus Property at Cjh & Race Mayor Braun reviewed the information provided by the Public Works and Utilities Department and opened the public hearing at 7:02 p.m; There was no public testimony and Mayor Braun closed the public hearing at 7:02 p.m. Councilman Doyle moved to declare the former sub-station parcel, located at 9th and Race Streets, surplus and instruct the Real Estate Committee to explore all means available for disposal ofthe property in a manner that is most beneficial to the City and bring the findings back to Council for action. Councilman Campbell seconded the motion, which carried unanimously. Other Considerations (Continued) 4. Reissue Wildlife Hazard Contract with USDA Mayor Braun reviewed the information provided by the Public Works and Utilities Department. Councilmember McKeown moved to authorize the Mayor to sign the Work PlanlFinancial Plan with the United States Department of Agriculture. Councilman Hulett seconded the motion, which carried unanimously. 5. Port Angeles Urban Growth Area Boundary Amendment Application Mayor Braun reviewed the information provided by the Planning Department. Director Collins showed two maps, describing the current UGA as compared to the proposed amendment. Further, he described the zoning of the area, provided a history of the issue, and explained why the amendment is being proposed as set forth in the packet information. Discussion ensued, and Director Collins responded to questions and provided clarification, especially as regards the map showing the amended area. Director Collins also distributed copies of a revised letter which would be sent to the County Commissioners. - 3 - 7 CITY COUNCIL MEETING December 21, 1999 Urban Growth Area Boundary Amendment (Cont'd) Break INFORMA TION: ADJOURN TO EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: 8 Councilmember McKeown moved to authorize the Mayor to sign the City of Port Angeles application recommending extension of the Port Angeles Urban Growth Area (UGA) east of the west rim of Morse Creek Canyon to include adjacent areas currently zoned R-l, P, GC , and RLC and originally adopted by Clallam County as part of the UGA. Councilman Campbell seconded the motion, which carried unanimously. . Mayor Braun introduced Lauren Erickson, who is the newly elected Council member. Mayor Braun recessed the meeting for a break at 7:25 p.m. The meeting reconvened at 7:40 p.m. City Manager's Report Manager Quinn attended a meeting with State Legislators and County representatives. He appreciated the County's invitation to attend. Manager Quinn reviewed the 1999 Storm Damage Update, and noted the update on the issue of Brickie's Tavern, personnel replacement for the Water Division, and reviewed the update on the Teen Scene. Councilmember McKeown noted that Stacy Shamp of the Teen Scene was present in the audience and felt it might be good for the Council to visit the Teen Scene and see for itself how it is being operated. Mayor Braun agreed. Councilman Doyle asked when would be the best time of day to visit the Teen Scene. Stacy Shamp, 1812 W. 12th Street, recommended the Council visit more than once and that the busiest time was between 4:00 p.m. and 6:00 p.m. Monday through Friday, and any time after 6:00 p.m. on Friday nights. Discussion followed, and Ms. Shamp responded to questions. Councilman Campbell thanked Chief Ilk for his comprehensive report on the Teen Scene, as it helped him to understand the details of the operation. Mayor Braun adjourned the meeting to Executive Session at 7:50 p.m. for approximately one hour to discuss union negotiations and a personnel matter. The meeting returned to open session at 8:50 p.m. . The meeting was adjourned at 8:50 p.m. Becky J. Upton, City Clerk Mayor . - 4 - . . . 'i;r:t::':~;Tti\~:~~:i1';:'TJ"Y~:(~'~:~ " i '1<\'r;\::Y~f;n:r'W'f;tr'~~r;i'?T~;;:r; ',' "-,Lo.., ,'.,' J.el.;: ~ORTANC~LES WASHINGTON . CITY COUNCIL MEMO U. S. A. DATE: January 4, 2000 To: MAYOR AND CITY COUN~n. n Planning Department ~ ~ FROM: SUBJECT: Administrative Municipal Code Amendments Summary: Each year the Planning Department prepares administrative amendments to various chapters of the Port Angeles Municipal Code (P AMC) consistent with interpretations and decisions regarding the Zoning Code and the Subdivision Ordinance. The Planning Commission held a public hearing onthe Planning Department's proposed administrative amendments and recommends these changes be made clarifying certain sections of the Municipal Code. There are proposed amendments to the home occupation, bed and breakfast, and retail stand permit processes, heavy industrial use! buffer/sign regulations, definitions adding animal husbandry and house pets, subdivision improvement requirements, and other proposed administrative code changes as appropriate. Recommendation: Following the public - hearing. either close or continue the hearing and consider adoption of Municipal Code Amendment MCA99-02 at the January 18. 2000. City Council meeting. Background I Analysis: During the course of the year, the Planning Director, the Planning Commission, and the City Council make interpretations. or decisions concerning the regulatory language in the Port Angeles Municipal Code. The Planning Department proposes amendments to the Municipal-Code based on those interpretations and decisions to make it easier for the public to read and understand what the rules mean. The nature of these administratively proposed code changes is to clarifY existing code requirements and rules and not to change the existing zoning, subdivision, or other land use policies. Among the issues that came up in 1999 were concerns about street improvements and bonding allowances at the time of subdivision approval and a number of minor clarifications regarding zoning regulations. One particular zoning issue, which was raised at a City Council meeting by a citizen, dealt with the raising of chickens in the Residential Single Family RS-7 Zone. A review of the present zoning language revealed that the regulations say very little about keeping animals in the City of Port Angeles. Animal husbandry is allowed only as a conditional use in the Industrial Light IL Zone. The only other zoning provisions about keeping animals is for kennels as a conditional use in the Commercial Arterial CA, Industrial Light IL, and Industrial Heavy IH Zones and for private stables 9 MCA 99-02 January 4,2000 Page 2 as an accessory use in the Residential Single Family RS-9 Zone. Both kennels and private stables are defined in the Zoning Code. When read altogether, these zoning regulations with no definitions for animal husbandry or house pets can be interpreted to prohibit the keeping of all other animals outdoors except for two dogs or cats. This is the first zoning complaint of which current' staff is aware that involves keeping animals outdoors as opposed to haying a farm. Staff reviewed proposed language for consistency with.the intent of the City's land use policies and practices and looked at other cities' zoning codes for their regulatory approaches. Yet, we are still having difficulty crafting regulations and definitions precise e~ough to allow animals that are house pets (as opposed to farm animals) to also be'kept outdoors. A secondary problem with drafting an administrative (as opposed to a policy) amendment is the number of animals that may be kept outdoors, particularly in the smaller lot RS-7 residential areas, before the keeping of animals begins to conflict with residential uses. Once there are three dogs or cats kept' outdoors on a prel!1ise, the present zoning regulations make it clear that the use is to classified as a kennel; which is restricted to three nonresidential zones. However, there is a gray area between dogs and cats being kept indoors and outdoors as well as with which other animals may be considered house pets. . The original staff proposed ,language for animal husbandry and house pets included in the Planning Commission recommendation has been subjected to more an3Iysis, and the following definitions'are . now being considered and may need a policy amendment rather than an administrative amendment. Animal Husbandry, Commercial - the, care and raising of animals, particularly farm animals, for agricultural or other commercial purposes, provided that this shall not include RS-9 noncommercial animal husbandry, RS-9 private stables, up to three dogs or cats which are not house pets, or house pets. Animal Husbandry, Noncommercial - the care and raising of animals for noncommercial purposes, provided that this shall not include n. comm~rcial animal husbandry, RS-9 private stables, up to three dogs or cats which are not house pets, or house pets. House Pets - domestic animals such as dogs, cats, fish, birds, rodents, and reptiles, which sleep and are primarily housed in a dwelling unit together with their owners. This alternate language may also need code amendments to the RS-9 and n. Zones and require a separate Zoning Code Amendment to be brought back to the City Council at a later date. Attachments: Municipal Code Amendments MCA 99-02 Ordinance Findings and Conclusions Excerpt of December 8, 1999, Planning Commission Minutes Staff Report c:\exchange\cnclpkt\planning\OOO 1 04 10 . . FINDINGS AND CONCLUSIONS IN SUPPORT OF MUNICIPAL CODE AMENDMENT - MCA 99-02: Findings: 1. The City's Comprehensive Plan lists several goals and policies intended to provide for a community where residential development and use of the land are done in a manner that is compatible with the environment, the characteristics of the land and the users, and the desired urban design of the city, and where neighborhoods provide a variety of opportunities for personal interaction attractive to people of all interests. 2. It is the practice of Planning Department staffto note a) areas within the City's land use ordinances that cause confusion over the course of time or that can be amended to better serve the public and intent of said land use ordinances and b) amendments necessary to reflect staff, Planning Commission, and City Council interpretations. Staff brings these issues to the attention of the Planning Commission for a recommendation of action to the City Council on a routine basis. . 3. In an attempt to further streamline certain application processes, specifically retail stand activities, home occupations, and bed and breakfast uses within residential areas, the current set of administrative amendments contains a proposal to further refine procedures for these activities by designating them as special use permits rather than general conditional use permits and setting them apart from the standard conditional use permit approval process. 4. Wording to provide clarification and provide consistency as to street improvement standards required for short plats and subdivision developments is proposed in the administrative amendment proposal. 5. At the request of a City resident, definitions of animal husbandry and house pets are proposed to be added to the City's zoning regulations. Requirements for accessory residential uses are further defined as well. 6. Typographical errors have been noted for correction. 7. A Determination of Non Significance and Adoption of a Previous Document was issued for the proposal on December 8, 1999. . 11 Conclusions: A. The proposed amendments add only clarification to the existing regulations. B. The proposed Municipal Code Amendment is consistent with Comprehensive Plan Land Use Policies B 1-3 and Cl. C. The proposed amendments are in the public use and interest. D. The proposed revision to the retail stand, bed and breakfast uses in residential areas, and home occupation permit process is intended to make the process more user friendly and at the same time retain the integrity of the Zoning Code. Adopted by the Port Angeles City Council at its meeting of January 4,2000. Mayor, City of Port Angeles Becky J. Upton, City Clerk 12 . . . December 8, 1999 Planning Commission Minutes . PUBLIC HEARINGS MUNICIPAL CODE AMENDMENT - MCA 99-02 - CITY OF PORT ANGELES: Proposed amendments to portions of the Zoning Ordinance, Short Plat Ordinance, and Subdivision Ordinance making changes consistent with those regulations by adding definitions and clarifying specific sections, revising the home occupation, bed and breakfast uses in residential areas, and retail stand permit processes, and animal husbandry regulations. . Planning Director Collins reviewed staffs memorandum and a draft ordinance indicating suggested amendments to various City regulations. To better serve the community, during the year, staff makes note of specific sections of land use ordinances that may need clarification in order to achieve the intent of an ordinance, and to correct typographical errors that have not earlier been noted. During the past year, staff noted several areas where the City's land division provisions with regard to development standards and bonding allowances needed clarification. Staff suggested that the permit process regarding home occupations, bed and breakfast uses in residential areas, and retail stand permits could be further streamlined. A member of the community made a specific request that the City clarify the conditions under which animals are permitted in residential zones (specifically, chickens). He responded to questions from the Commission regarding when specific types of utility developments are required such as cul-de-sacs. Gary Kenworthy, Deputy Director of Engineering and Utility Services, responded to Commissioner Nutter that dimensional standards were removed from specific ordinances because they are duplicated in the City's Urban Services Standards and. Guidelines which is an easier document to amend if need be. In response to Commissioner Reed, Mr. Kenworthy answered that if a bond or some other form of security is approved in lieu of a requirement for a specific period of time, 150% of the expected work expense is required to take into account inflation over the period oftime prior to completion ofthe work. Commissioner Nutter led a detailed discussion of the draft ordinance page by page. Staff provided clarification of specific questions and explained the process of retail stand, home occupation, and bed and breakfast applications. Chair Hewins opened the public hearing. There being no public present to speak, he closed the public hearing. Commissioner Reed moved to recommend that the City Council approve the amendments as proposed citing the following findings and conclusions: Findings: . .1. The City's Comprehensive Plan lists several goals and policies intended to provide for a community where residential development and use of the land are done in a 13 manner that is compatible with the environment, the characteristics of the land and the users, and the desired urban design of the city, and where neighborhoods provide . a variety of opportunities for personal interaction attractive to people of all interests. 2. It is the practice of Planning Department staff to note a) areas within the City's land use ordinances that cause confusion over the course of time or that can be amended to better serve the public and intent of said land use ordinances and b) amendments necessary to reflect staff, Planning Commission, and City Council interpretations. Staff brings these issues to the attention of the Planning Commission for a recommendation of action to the City Council on a routine basis. 3. In an attempt to further streamline certain application processes, specifically retail stand activities, home occupations, and bed,and breakfast uses within residential areas, the current set of administrative amendments contains a proposal to further refine procedures for these activities by designating them as special use permits rather than general conditional use permits and setting them apart from the standard conditional use permit approval process. 4. Wording to provide clarification and provide consistency as to street improvement standards required for short plats and subdivision developments is proposed in the administrative amendment proposal. . 5. At the request of a City resident, definitions of animal husbandry and house pets are proposed to be added to the City's zoning regulations. Requirements for accessory residential uses are further defined as well. . 6. Typographical errors have been noted for correction. 7. A Determination ofNori Significance and Adoption of a Previous Document was issued for the proposal on December 8, 1999. Conclusions: A. The proposed amendments add only clarification to the existing regulations. B. The proposed Municipal Code Amendment is consistent with Comprehensive Plan Land Use Policies BI-3 and C1. C. The proposed amendments are in the public use and interest. D. The proposed revision to the retail stand, bed and breakfast uses in residential areas, and home occupation permit process is intended to make the process more user friendly and at the same time retain the integrity of the Zoning Code. The motion was seconded by Commissioner Norton and passed unanimously. . 14 . . . PUBLIC HEARING c,.,'<. ',' _,,',,' ,:....,._:,.,......:,.." MUNICIP Ai CODE AMENDMENT - MCA 99-02 - CITY OF PORT ANGELES: Proposed amendments to portions of the Zoning Ordinance, Short Plat Ordinance, and Subdivision Ordinance making changes consistent with those regulations by,adding definitions and clarifying specific sections, revising the hgme occupation, bed and breakfast uses in residential areas, and retail stand permit processes, and animal husbandry regulations. Planning Director Collins reviewed staff's memorandum and a draft ordinance indicating suggested amendments to various City regulations. To better serve the community, during the year, staff makes note of specific sections of land use ordinances that may need clarification in order to achieve the intent of an ordinance, and to correct typographical errors that have not earlier been noted. During the past year, staff noted several areas where the City's land division provisions with regard to development standards and bonding allowances needed clarificatiori.Staffsuggested that the permit process regarding home occupations, bed and breakfast uses in residentialareas, and retail stand permits could be further streamlined. A member of the community made a specific request that the City clarify the conditions under which animals are permitted in residential zones (specifically, chickens). He responded to questions from the Commission regarding when specific types of utility developments are required such as cul-de-sacs. Gary Kenworthy, Deputy Directorgf Engineering and Utility Services, responded to Commissioner Nutter that dimensional standards were removed from specific ordinances because they are duplicated in the City's Urban Services Standards and Guidelines which is an easier document to amend if need be. In response to Commissioner Reed, Mr. Kenworthy answered that if a bond or some other form of security is approved in lieu of a requirement for a specific period of time, 150% of the expected work expense is required to take into account inflation over the period of time prior to completion of the work. Commissioner Nutter led a detailed discussion of the draft ordinance page by page. Staff provided clarification of specific questions and explained the process of retail stand, home occupation, and bed and breakfast applications. Chair Hewins opened the public hearing. There beingiIo public present to speak, he closed the public hearing. Commissioner Reed moved to. recommend that the City Council approve the amendments as proposed citing the following findings and conclusions: Findings: 1. The City's Comprehensive Plan lists several goals and policies intended to provide for a community where residential development and use of the land are done in a manner that is ~ompatible with the environment, the characteristics of the land and the users, and the desired urban design of the city, and where neighborhoods provide a variety of opportunities for personal interaction attractive to people of all interests. 15 Planning Commission Minutes December 8, 1999 2. It is the practice of Planning Department staff to note a) areas within the City's land use ordinances that cause confusion over the cours'e of time or that can be amended to better serve the public and intent of said 'land use ordinances and b) amendments necessary to reflect staff, Planning Commission, and City Council interpretations. Staff brings' these issues to the attention of the Planning Commission for a recommendation of action to the City Council on a routine basis. . 3. In an attempt to further streamline certain application processes, specifically retail stand activities, home occupations, and bed and breakfast uses within residential areas, the current set of administrative amendments contains a proposal to further refine procedures for these activities by designating them as special use permits rather than general conditional use permits and setting thel!1 apart from the standard conditional use permit approval process. I 4. Wording to provide clarification and provide consistency as to ~treet improyement standards required for short plats and subdivision developments is proposed in the administrative amendment proposal. 5. At the request of a City resident, definitions of animal husbandry and house pets are proposed to be added to the City's zoning regulations. Requirements for accessory residential uses are further defined as well. 6. Typographical errors have been noted for correction. . 7. A Determination of Non Significance and Adoption of a Previous Document was issued for the proposal on December 8, 1999. Conclusions: A. The proposed amendments add only clarification to the existing regulations. B. The proposed Municipal Code Amendment is consistent with Comprehensive Plan Land Use PoliciesBl~3 and Cl. C. The proposed amendments are in the public use and interest. D. The proposed revision to the retail stand, bed and breakfast uses in residential areas, . and home occupation permit process is intended to make the process more user friendly and at the same time retain the integrity of the Zoning Code. The motion was seconded by Commissioner Norton and passed unanimously. I Commissioner Norton thanked staff for observing and suggesting a method to further . streamline certain' administrative processes. 16 FORTANGBLBS WAS H I N G TON, U. S. A. PLANNING DEPARTMENT DATE: December 3, 1999 To: Chair Hewins and Planning Commissioners FROM: Sue Roberds, Planning Department RE: MUNICIPAL CODE AMENDMENT - MCA 99-2 CITY OF PORT ANGELES Happy Holidays to you all! . Enclosed you will find a draft administrative amendment ordinance - yes, it's that time of year again. As usual, over the year, we have tried to 'keep track of those instances where confusing information has caused questions regarding the intent with a land use ordinance, typographical errors that are found, or confusion resulting from a manner in which the material is presented that could be corrected. Historically we have presented these types of Municipal Code amendments to you during the last part of the year so we can start the new year off on the right foot. ' The amendments contained in the attached draft ordinance cover mainly three issues. (1) streamlining the City's regulations as they relate to home occupations, bed and breakfast uses in residential areas, and retail stand permit; (2) specifics dealing with bonding limitations and when improvements are required in the case of land divisions - short plats and subdivisions; and (3) an animal husbandry definition. Currently, home occupations, bed and breakfasts in residential zones, and retail stands are processed as conditional use permits. These are done administratively by the Planning Director with appeal to the City Council (so far there have been no appeals!). Conditional use permits are processed through the City's permitting. procedures that are a result of the State Senate House Bill 1724 permitting process requirements. These requirements provide that a minimum 15 days period of notification be provided prior to action on. a permit and that a$EP A checklist be processed, Although in larger communities a 15 day waiting period is considered exceedingly minimal, in our community, .it is more coinmon to "streamline" the permitting timeline as well as the processing fees that would be required. By removing these three permit processes from the "conditional use" category and placing them in a "permit" category, we could cut the processing timeline by about a week and allows us to consider a potential reduction in the processing fee. . 17 The processing of a final short plat recently revealed some confusion as to who has the authority to determine whether improvements required in a preliminary short plat or subdivision process must be completed prior to final approval or if a bond or other form of security may be submitted. This amendment designates that the Public Works Director shall decide when improvements may be bonded and for what period of time. A citizen complained earlier this year that her neighbors chickens should not be allowed in the City. The Planning Director determined that animal husbandry uses are not appropriate in RS-7, Residential Single Family zones and has provided a definition which will make that interpretation clear. The remainder of the amendments are pretty much corrections of typographical errors. I hope I have covered evefything, if you have any questions, of course, staff will be available at the December 8th meeting for discussion. See you then. 18 . . . . . . ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, making amendments to the City's land use ordinances by revising the permitting process for home occupations, bed and breakfast uses within residential areas, and retail stand uses, eliminating confusing and unnecessary wording found throughout the zoning ordinance, clarifying permitted uses and buffer and signage requirements within the Industrial Heavy zone, defining and clarifying the regulation of animal husbandry and house pets, and clarifying the improvement requirements for short subdivisions and subdivisions, including street improvement and bonding requirements, amending Ordinances 1709, 1631, and 2222, as amended, and amending Chapters 16.04, 16.08, 17.08, 17.15, 17.21, 17.22, 17.24, 17.30, 17.32, 17.34, 17.94, 17.96. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows: Section 1. Ordinance No. 2222, as amended, and Chapter 16.04 of the Port Angeles Municipal Code are hereby amended by amending P AMC 16.04.070 and 16.04.140 to read as follows: 16.04.070 Preliminary Short Plat - Design Standards. All preliminary short plats shall conform to the following design standards: A. Right-of- Way Access. 1. Each lot shall abut on a dedicated, improved and maintained City street. Such street shall connect directly to an existing improved street that meets current street improvement standards as set forth in the Comprehensive Plan. the Urban Services Ordinance. and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to P AMC 18.08.40 and 18.08.130. 2. If the abutting right-of-way does not meet minimum width standards, additional right-of-way shall be required in accordance with the requirements of the Public Works Department. 3. An exception from the right-of-way access requirements in this section shall be allowed for a single lot within a proposed short plat, provided that the following conditions are met: a. the single lot already abuts and is accessible by emergency vehicles over a 20-foot-wide all-weather street that does not meet City standards and already contains a habitable dwelling, and b. all other lots in the short subdivision shall meet the right-of-way access standards ofthis section' 16.04.140 Final Short Plat - Improvements - Required. The following minimum improvements shall be made or installed for each lot created by the short subdivision, before final short plat approval: A. Watermains and other appurtenances necessary to provide adequate potable water supply and fire protection as set forth in the Comprehensive Plana. and the Urban Services Ordinance and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130: dC4elopmcnt stmtdards, B. Sanitary sewer or approved septic tank and drain field site; C. Power, telephone, and all other necessary utilities. D. Appropriate dedications or easements if required; E. Minimum street improvement cross-section standard as set forth in the Comprehensive Plan... and the Urban Services Ordinance. and the Urban Services Standards and Guidelines: dCvelopment standards. 1. Improvements to Principal Frontage and Access Streets.: A principal fFrontage and access streets. within City right-of-way furnishing access from the nearest fully improved City street to newly created lots shall be improved to a minimum of 20-foot wide asphaltic concrete street with one 3-foot wide shoulder and one 6-foot wide shoulder for pedestrian traffic. All dead-end City streets in excess of 150 feet in length shall be asphaltic concrete paved and provided with a turn-around which has a minimum 100-foot diameter right--of way and 90 foot diameter asphaltic coltercte st1'cct, or an altcrnati v c appro v cd b, the City consistent with the Urban Services Ordinance.the Urban Services Standards and Guidelines. and the Uniform Fire Code. The minimmn stnlctural section shall consist of 2 inch top rock on roadwa, and shoulders, with a nlinimum a-inch conlpactcd ballast stlbgradc. 2. Improvements to Arterial Streets: Arterial streets that will provide access to. and front. the lots or parcels bein~ developed shall be improved to the minimum City arterial street improvement standards. ~3. EXCEPTION: The Public Works Department shall require the minimum standard to be increased to match the immediately adjoining City street when the immediately adjoining City street is more fully developed than the minimum standard. This exception shall not apply to short plats when the City finds that there will be an economic and physical hardship in relocating public utilities and there will be no increase in the number of lots within a subject short plat. F. Roadway ditches and/or culverts shall be provided to address existing and anticipated storm water run-off occurring on the site and/or in the principal frontage right-of-way as set forth in the Urban Services Ordinance and Clearing and Grading Ordinance development standards. G. The subdivider shall provide a street profile acceptable to the Public Works Department for the principal frontage street if the final street grade has not been previously established or accepted by the City. H. The subdivider shall execute an L.I.D. consent and non-protest agreement or other agreement acceptable to the City for street and utilities improvements on the principal frontage street whenever required improvements are less than the City's full development standard, as established by the City Engineer. I. The subdivider shall provide all other public improvements as may be required as set forth in the Comprehensive Plan and the Urban Services Ordinance. J. When commercially zoned property is being short platted without any increase in the number of lots, the minimum improvements required by this Section may be made or installed after short plat approval without the necessity of being bonded, provided that the final short plat shall be conditioned to provide that such improvements shall be made or installed as part of the building permit process, that vertical construction of the building shall not begin unless or until the Uniform Fire Code's fire hydrant requirement has been met, and that the property or development shall not be occupied until such improvements have been completed, provided further that said construction shall be noted on the final plat. 2 . . . . . . K. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. (Ord. 2948 ~2 (part) 2/14/97; Ord. 2920, 6/14/96; Ord. 2909 ~1, 3/15/96; Ord. 2880 ~1 (part) 8/25/95; Ord. 2631 ~2, 3/29/91; Ord. 2222 ~14, 8/11/82.) Section 2. Ordinance 1631, as amended, and Chapter 16.08 of the Port Angeles Municipal Code are hereby amended by amending PAMC 16.08.050, 16.08.060, and 16.08.070 to read as follows: 16.08.050 - Procedure A. PRELIMINARY STEPS. The developer shall submit a sketch of a proposed subdivision of land to the City Planning Department for review prior to submittal of the Preliminary Plat. B. PRELIMINARY APPROVAL. The developer or his surveyor shall then transmit six (6) (or more if required) copies of the Preliminary plat, together with a filing fee, to the City Planning Department. The amount of the filing fee shall be as established by ordinance and set forth in Chapter 3.70 PAMC. The City Planning Department shall submit written recommendations to the Planning Commission prior to the Commission's public hearing in which the Preliminary plat is on its agenda. The proposed plat shall be prepared by a licensed land surveyor and shall be submitted to the City Planning Department at least thirty (30) days prior to the public hearing of the City Planning Commission. Notice of the public hearing on a proposed plat or subdivision shall be posted by the developer in a conspicuous place on or adjacent to the land proposed to be subdivided. Such notices shall clearly indicate the time and place of the public hearing and shall be posted not less than ten days prior to the hearing. The Planning Commission' shall examine the proposed plat, along with written recommendations of the City Departments, and shall either approve or disapprove and shall make recommendations thereon to the City Council. Within a period of ninety (90) days after a preliminary plat has been submitted to the City Planning Department and other affected agencies, the City Council shall either approve or disapprove the proposed Preliminary plat. The ninety (90) days time period may be extended with the consent of the applicant. If an Environmental Impact Statement is required, the ninety (90) day period shall not include the time spent preparing and circulating the EIS. Following final action of the City Council on a preliminary plat, the Planning Department shall notify the developer regarding changes required and the type and extent of improvements to be made. A copy of the Commission's action and recommendations shall be forwarded to the developer and to any agency submitting recommendations in regard to the preliminary plat. Approval of a preliminary plat shall be considered conditional approval of the preliminary plat, and shall not constitute approval of the Final plat; it shall be considered only as approval of the layout submitted on the preliminary plat as a guide to the preparation of the Final plat. If the preliminary plat is approved by the City Council, the developer, before requesting final approval, shall elect to install or assure installation of the improvements required by Section 16.08.070 PAMC by one of the following methods: 3 . 1. Actual installation of the required improvements, to the satisfaction and approval of the City Engineer; 2. Fmnishin:g to the City a subdivision bond, with an approved insurer, in an amonnt equal to the cost of the improvements as determined by the City engineer, which bond shall assure to the Ci~ actual installation of the required improvements to the satisfaction. and appro v al of the City engineer. The City L'1lgincer shall determine the period of the bond. 32. Furnishing to the City an assignment of a savings account or another. approved security or placing in trust an amount equal to 150 % of the cost of the improvements as determined by the City Engineer, which assignment of savings account... other security, or trust shall assure to the City the installation of the improvements, to the satisfaction and approval of the City Engineer. This savings account. other security. or trust shall be conditioned so that no amount may be removed therefrom without prior written approval of the City, and shall further provide that, if the improvements are not installed within the time limitations set by the City Engineer, or not installed to the satisfaction of the City Engineer, then the City may withdraw from the savings account . other security. or trust the amount necessary to complete the improvement. The City Engineer shall determine the period of the assignment of the savings account. other security. or the trust. After completion of all required improvements the City Engineer and any government agency involved shall submit a written notice to the Planning Department stating that the developer has completed the required improvements in accordance with Section PAMCI6.08.070 . PAM C and with required installation standards. C. FINAL APPROVAL. The Final plat shall conform to the Preliminary plat as approved by the City Council. If desired by the developer, the Final plat may constitute only that portion of the approved Preliminary plat which he proposes to record and develop at the time. The Final plat shall be submi~ed to the Planning Department within five years after City Council approval of the Preliminary plat. Said preliminary approval shall become void unless a Final plat is submitted. The developer shall submit a mylar tracing and six (6) prints (or more if required) of the Final plat and other required exhibits, including a filing fee, to the City Planning Department at least fourteen days prior to the meeting in which the Final plat is to be considered by the Plannin g Commission. The amount of the fee shall be set by Resolution of the City Council and may be amended or changed by Resolution from time to time, or as necessary. The Planning Commission shall review the Final plat to determine if the plat conforms with the Preliminary plat, the provisions of the Comprehensive Plan, the Zoning Code and other land use regulations, the Urban Services Ordinance, the Urban Services Standards and Guidelines. and these Subdivision Regulations and shall make its recommendation to the City Council. If the Planning Commission approves the Final plat, the Chairperson shall sign the Final tracing. Following the approval of the Final plat by the Planning Commission, the City Planning Department shall obtain the signatures of the County Health Officer (when required by the Commission), City Engineer, City Clerk, City Manager, Fire Chief, Director of Public Works and Utilities Deputy Director of Utiliry Services, Planning Director, and City Attorney on the . 4 . . Final tracing and shall submit the tracing of the Final plat to the City Council for approval and signature by the Mayor. At least ten days prior to the public hearing of the City Council in which the Final plat is to be considered, the developer shall post a notice regarding said hearing in a conspicuous locatio n on the site. Within thirty (30) days the City Council shall act upon the Final plat. The thirty (30) day limit may be extended from the date of the Final plat being filed with the Planning Department with the consent of the applicant. The developer shall have his Final plat recorded within thirty (30) days from the date his Final plat is approved by the City Council. After obtaining signatures of City officials and prior to thirty (30) days after recording, the developer shall obtain and give to the City Engineer a mylar or equivalent duplicate of the Final plat. D. APPROVAL AND REVIEW OF PRELIMINARY AND FINAL PLATS. When a proposed plat or subdivision is situated adjacent to the right-of-way of state highways, said plat or subdivision shall be submitted to the Director of Highways. Approval by the Commission shall be withheld until said Director or his assistant has made a report to the Commission. When a proposed plat, subdivision or dedication is adjacent to unincorporated territory notice of such proposed plat shall be given to the Clallam County Planning Commission. Any decision by the City Council approving or refusing to approve a plat or subdivision shall be reviewable for arbitrary, capricious or corrupt action or non-action, by petition before the Superior Court of Clallam County, by any property owner of the county having jurisdiction thereof who deems himself aggrieved thereby. Provided, that due application for petition shall be made to such court within twenty-one days from the date of any decision so to be reviewed. (Ord. 3007 ~4, 1/15/99; Ord. 2990 ~3, 5/15/98; Ord. 2880 ~2 (part) 8/25/95; Ord. 2789 ~12 1/1/94; Ord. 2743 ~1, 1/29/93; Ord. 2719 ~2, 11/13/92; Ord. 2143 ~2, 5/31/81; Ord. 2034 ~1, 7/16/79; Ord. 1631 ~4, 11/14/67.) . 16.08.060 - Standards and Policies. A. GENERAL STANDARDS. If a proposed street and/or lot pattern for any zone in Port Angeles has been made by the Council or the Commission, the street layout of any new plat submitted shall be in general conformance to said pattern or plan. Otherwise proposed streets in new subdivisions shall conform to the Comprehensive Plan and Urban Services Ordinance as adopted. No territory proposed to be subdivided shall be a part of, nor encroach upon, any area designated in the Comprehensive Plan for future public facilities. No plan for the platting, replatting, subdivision, or dedication of any area shall be approved by the City recmnmcndcd for appro v al by the Conmlission unless streets shown therein are connected directly by surfaced road to an existing improved public right-of-way street that meets current street improvement standards as set forth in the Comprehensive Plan. the Urban Services Ordinance. and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130 and that pttblic right of w3:j is adequate to service the existing and new lots. 5 . Where the Comprehensive Plan or the City's official street plan indicates the necessity of a new right-of-way of a required width or portion thereof for street purposes, whether within a new plat or new subdivision, or along the boundaries of a new plat, new subdivision or new lot, such required right-of-way or portion thereof shall be dedicated to the City of Port Angeles by the filing of a plat. The area of a cemetery in one unit shall be not more than eighty (80) acres, which may or can be surrounded by streets and highways. If the area of a cemetery is intersected or cut by dedicated or unplatted streets the areas on opposite sides of said streets shall form and be considered separate units. The Planning Commission may require plats to provide areas for parks, playgrounds, open spaces, recreation facilities, schools, school grounds, safe walking conditions on school routes, transit stops, and drainage ways.. Each proposed subdivision and the ultimate use of the land therein shall be in the inter ests of public health, safety and welfare, and subdividers shall be prepared to present evidence to this effect when requested by the Commission. Restrictive covenants not contrary to existing regulations regarding the use of land, governing and binding all future owners of lots or tracts, may be shown on any plat. No Final plat of land within the force and effect of existing Zoning Regulations shall be approved unless it is conforming with such Regulations. Whenever there is a discrepancy between minimum standards or dimensions noted herein . and those contained in Zoning Regulations, Building Codes, or other official Regulations, the highest standard shall apply. B. GENERAL PRINCIPLES. POLICIES. The Commission shall ensure that appropriate provision is made for: (1) the harmonious development of neighborhoods by requiring coordination of streets within subdivisions with existing or planned streets, or with other elements of the Comprehensive Plan; (2) adequate open spaces for recreation, schools, light and air; (3) distribution of population and traffic which will create conditions favorable to public health, safety and convenience. The Commission shall inquire into the public use, interest or need proposed to be served by the establishment of a subdivision. If the results of such an inquiry indicate that a subdivision will not serve the public use, interest or need, the Commission may deny approval of such subdivision. The Commission shall ensure that a subdivision is consistent with the Comprehensive Plan and Urban Services Ordinance. Land which the Commission has found to be unsuitable for subdivision due to flooding, bad drainage, steep slopes, rock formations or other feature likely to be harmful to the safety, welfare and general health of the future residents, - and the Commission considers inappropriate for subdivision, - shall not be subdivided unless adequate methods which are consistent with the City's Wetlands and Environmentally Sensitive Areas Protection Ordinances are formulated by the developer and approved by the City Engineer. C. STREETS AND ROADS. 1. The arrangement, character, extent, width, grade and location of all roads shall conform with the Comprehensive Plan, including the Capital Facilities Plan, -and-Urban . 6 . Services Ordinance... and Urban Services Standards and Guidelines. and shall be considered in their relation to existing and planned roads, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such roads. 2. Where such is not shown on the Comprehensive Plan, the arrangement of streets in a subdivision shall either provide for the continuation or appropriate projection of existing major streets in the surrounding area; or shall conform to a plan for the neighborhood, approved by the Commission, to meet a particular situation where topographic or other conditions make continuance or conformance to existing roads impracticable. This shall also apply to cluster subdivisions. 3. If a preliminary or suggested plan for an area has been made by the Commission, the street layout of a proposed subdivision in such an area shall be in general conformance to the plan. 4. When a portion of a subdivider's tract is to be subdivided, a street plan for the entire tract shall be submitted to indicate how the street pattern of the plat submitted will coordinate with the entire tract when fully platted. 5. Where a tract is subdivided into lots or tracts of an acre or more in area, the Commission may require an arrangement of lots and streets such as to permit a later re- subdivision in conformity with the street and lot requirements specified in these Regulations. 6. Wherever practical, dead-end streets shall be avoided. However, roads designed with a turn-around at one end (cul-de-sac) may be used when conditions warrant their use. 7. Wherever practical, minor streets shall be laid out to discourage through traffic within residential neighborhoods. 8. Where a proposed subdivision abuts or contains an existing or proposed major road, or is adjacent to an existing or planned business, commercial or industrial district, the Commission may require treatment as may be necessary (1) for the adequate protection of residential properties; and (2) to afford separation of through and local traffic. 9. Where a subdivision borders or contains a railroad or limited access highway right-of-way, the Commission may require a road approximately parallel to and on each side of such right-of-way at a distance suitable for appropriate use of the intervening land. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. 10. Streets shall be laid out so as to intersect as nearly as possible at right angles. Acute angle intersection shall be avoided. 11. There shall be no reserve strips controlling access to roads, except where the control of such strips is definitely placed in the City under conditions approved by the Commission. 12. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school shall be provided pursuant to RCW 58.17.110. D. BLOCKS. . 1. The lengths, widths and shapes of blocks shall be determined with due . 7 regard to provision of adequate building sites suitable to the special needs of the type of land use contemplated, the zoning requirements as to lot area and dimensions, limitations and opportunities of the topography, and needs for convenient access, circulation, control and safety of vehicular and pedestrian traffic. 2. The width of blocks shall be sufficient for two (2) tiers of lots, unless existing conditions are such, in the judgment of the Commission, to render such requirements undesirable or impractical. 3. Where frontage is on a major road, the long dimension of the block should be oriented with the direction of traffic flow. 4. Pedestrian crosswalk-ways shall be required where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, and other community facilities. E. LOTS. 1. The lot area, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision, for the type of development and land use contemplated, and shall conform with the requirements of the Zoning Ordinance. 2. Excessive depth in relation to width shall be avoided. No lot shall have a depth greater than twice its width. 3. Comer lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets. 4. To ensure public health, convenience and safety, the subdividing of land .. shall provide, by means of a public street, each lot with satisfactory access to an existing public street. 5. Double frontage and reverse frontage lots shall be avoided, except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement across which there shall be no right of access shall be provided along the line of lots abutting such a traffic artery or disadvantageous use. 6. Side lot lines shall be substantially at right angles or radial to street lines. 7. No lot or lots for residential purposes shall be divided or sold into additiona 1 lots or building sites, without compliance with these Subdivision Regulations. F. PUBLIC SPACES. 1. Where a proposed park, playground, school, or other public use shown in the Comprehensive Plan, including the Capital Facilities Plan, and Urban Services Ordinance is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision in those cases in which the Commission deems such requirement to be reasonable . 2. Where deemed essential by the Commission, upon consideration of the particular type of development proposed in the subdivision, and especially in large-scale neighborhood unit developments not anticipated in the Comprehensive Plan, the Commission may require the dedication or reservation of such areas or sites of a character, extent and location . 8 . suitable to the needs created by such development for schools, parks and other neighborhood purposes. 3. Due regard shall be shown for the preservation of outstanding natural and cultural features such as scenic spots, water courses, and historic sites, consistent with the Comprehensive Plan, the Wetlands Protection Ordinance, and the Environmentally Sensitive Areas Protection Ordinance.. G. EASEMENTS. 1. Utility easements shall be provided, centered on front, rear, or side lot lines. . 2. Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course, and such further width or constru ction, or both, as will be adequate for the purpose. Parallel roads or parkways may be required in connection therewith. H. STREET LIGHTING. Street lighting installations shall be located in reference to the dimensions of full grown trees. and in accordance with the determinations and standards of th e City Engineer. I. DIMENSIONAL STANDARDS. Variations from and exceptions to the following standards may be made by the Commission, where topographic or other existing condition s make adherence to these Regulations impractical. J. ROADS AND EASEMENTS. STREET IMPROVEMENTS. Street Improvements shall be provided in accordance with the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. 1. Principal Arterial Streets a. The minimwn right of wftY width shall be oot less than seventy (70) feet. b. The minimtnn pa'v'emcnt width shall be oot kss than fo~ cight(48) feet, not inehuiing e1:Irb. e. The maximttm grade shall be not greater than five (5) percent. d. The nlinimmn radius of ctlr'vature shall be not less than three hundled (300) feet. e. A tangent of at lea.st two hundred (200) feet in length shall be provided between reverse ctlrves. 2. Minor Arterial Street a. The minimum right--of way width shall be oot less than. sixry (60) feet. b. The minimmn pa v Cfi1t:nt width shall be not kss than fo~ fuur (44) feet, not indudirtg curb. e. The maximum grade shall be not greater than seven (7) percent. d. The minimum radius of ctlrvature shall be not less than two hundred (200) feet. e. A tangent of at least two hundred (200) feet in kngth shall be provided between re'v'erse ctlr v CS. . 3. Collector Arterial Street 9 . . . . be not less than ten (10) feet in width. 2. Sidewalks serving proposed apM'tnlent buildings, duster housing, or apartment eourts shalloot be less than dght (8) feet in width and shall be located oot less than one (1) foot from the pl6perty line and within the right of...w~. 3. Sidewalks serfing M'e~ proposed for single famil, homes shall be oot less than five (5) feet wide and shall be located not less than one. (1) foot from the. property line :md within the right of w"tf:Y . 4. Sidcwalh shall be pl6"vided as set forth in Comprehcnsi"v'e Pian:md Urbm Serv ices Ordirnmce. N K.. BLOCKS. 1. Maximum length of all blocks shall be approximately twelve hundred (1200) feet. feet. 2. Minimum length of all blocks shall be approximately five hundred (500) 3. Crosswalk-ways shall be required near the middle of all blocks longer than approximately eight hundred (800) feet. 4. Minimum width of all blocks (plus width of alley, if any), shall be two hundred (200) feet. 9:-L. LOTS. 1. The minimum width, depth, area and setback dimensions of all lots in proposed. subdivisions shall conform with City Zoning Regulations. If any dimension in a plat is more restrictive than the said Regulations, then the most restrictive dimension shall apply. P M. BUILDING LINE SETBACK. 1. The building line setback from the property lines of all lots shall be indicated by a dashed line on all plats. 2. Required setbacks are a minimum, not a uniform standard. Varied setbacks along a street help avoid a monotonous barracks appearance. ~ N.. STANDARD PIPE SIZE. The size of water, sanitary and storm sewer pipes shall be as set forth in the Comprehensive Plan and Urban Services Ordinance. R O. PROCEDURE FOR REIMBURSEMENT Procedures for reimbursement shall be the same as that set forth in Section 13.68.140 PAMC. S~. SIGNAGE One (1) free standing sign no larger than twenty-four (24) square feet in area shall be permitted for identification of the subdivision. The sign shall be placed in a located in conformance with the development standards of a particular zone. (Ord. 2977 ~2, 12/26/97; Ord. 2948 ~3 (part) 2/14/97; Ord. 2880 ~2 (part) 8/25/95; Ord. 2795 ~1, 2/11/94; Ord. 2743 ~2, 1/29/93; Ord. #2732 ~16, 12/25/92; Ord. #1881 ~1, 6/23/76; Ord. #1631 ~5, 11/14/67) 16.08.070 - Requirements for Acceptance of Plats. A. DATA REQUIRED FOR APPROVAL OF PRELIMINARY PLAT. 11 . The preliminary plat shall be at a scale of not less than two hundred (200) feet to one (1) inch. Data required for the preliminary plat shall include the following information, unless otherwise specified by the City Engineer: 1. Location, width and purpose of all easements, existing and proposed. 2. Name and right-of-way widths of all existing and proposed streets on or adjacent to the proposed subdivision. 3. Approximate location and size of all utilities (water mains, sewers, etc.) on an adjacent to the proposed subdivision. 4. Contours, based on City adopted vertical datum, shall have intervals of not more than 5 feet for slopes of 10% or more and not more than two feet for slopes of 10% or less. 5. Locations of and results of tests made to ascertain subsurface soil, rock, and ground water conditions, when required by the City Engineer. 6. Approximate locations of water courses, marshes, rock outcrops, wooded areas, natural retention areas, direction of drainage, culverts, houses, all non-residential land uses and all other significant features on and adjacent to the proposed subdivision. 7. Zoning on and adjacent to the proposed subdivision. 8. All highways or other major improvements planned by public authorities for future construction on or near the proposed subdivision. 9. A vicinity sketch showing relation of the proposed subdivision to the surrounding area with regard to major improvements. . 10. The legal description of the tract to be platted, title under which the proposed subdivision is to be recorded, names and addresses ofthe owners, date, scale, north arrow. 11. The legal description of the proposed lots. 12. Ownership ofunsubdivided land adjacent to the proposed subdivision and names of adjoining existing plats. 13. The required building setbacks shall be shown for each proposed lot as well as any existing buildings and/or major structures and their distances from property lines. 14. Identification of each lot and each block. 15. Approximate square footage and scaled dimensions of each lot. 16. Summary of site data, including total acreage, acreage in residential use, acreage in streets, and number of acres in parks and other non-residential land uses. 17. Environmental Checklist with filing fee. 18. Shoreline and Wetland permit applications and Environmentally Sensitive Areas Protection Ordinance compliance (when required). 19. Affidavits of posting and publication. B. SUBDIVISION IMPROVEMENTS REQUIRED. All roadway and utility improvements must be designed to comply with the current APW A standards and as specified by the City Engineer and with the Comprehensive Plan~""'ftfl:d the Urban Services Ordinance. and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to P AMC 18.08.040 and 18.08.130 dcvdepmcnt standards. Plans and specifications for roadway and utility improvements must be approved by the City Engineer prior to the beginning of construction. . Minimum improvements shall be as follows: 12 . . . C. STREETS AND ROADWAYS. 1. The entire right-of-way shall be cleared and grubbed of all objectionable materials. Trees approved for preservation shall be identified. 2. Streets shall be graded and improved with paving, curbs and gutters, drainage and sidewalks according to the approved plans and roadway section. 3. Street lights shall be installed as specified by the City Engineer. 4. Street name signs shall be provided and installed by the City at cost to the developer. 5. Permanent monuments shall be installed and each lot shall be staked. D. UTILITIES. A water distribution system, storm drainage system, electrical distribution system and a sanitary sewage disposal system shall be designed and installed in accordance with the Comprehensive Plan and Urban Services Ordinance development standards. E. PARKS. Parks and recreation shall be provided consistent with the Comprehensive Plan and Urban Services Ordinance. F. RECOMMENDED IMPROVEMENTS. 1. Street Trees. Street trees are a protection against excessive heat and glare and enhance the attractiveness and value of abutting property. The City will assist the subdivider in location of trees and species to use under varying conditions. It is recommended that trees be planted inside the property lines where they are less subject to injury, decrease the chance of motor accidents and enjoy more favorable conditions for growth. If trees are to be planted within a planting strip in the right-of-way, their proposed locations and species to be used are to be submitted for review and approval by the City. G. REQUIRED DATA FOR APPROVAL OF FINAL PLAT. The final plat shall be an eighteen (18) inch by twenty-four (24) inch permanent reproducible, and shall be at a scale of not less than two hundred (200) feet to one (1) inch. A reduced copy no larger than 11" x 17" shall be submitted with the final prints. For large subdivisions, the plat may be on several sheets, accompanied by an index sheet showing the entire subdivision. The final plat shall be accompanied by a report containing accurate square footage and dimensions of each lot and block and the coordinates of each monument; a title report; and shall include a warranty that all assessments in favor of the City have been paid. The final plat and survey shall be based on the Washington Coordinate System, North Zone, as adopted by the City. The final plat shall show the following: 1. A minimum of two permanent plat control monuments with coordinates, to which all dimensions, bearings, azimuths and similar data on the plat shall be referred. 2. Permanent monuments at all comers. 3. Subdivision boundary lines, right-of-way lines, easements, lot lines with accurate dimensions, bearings or azimuths, radii, central angles, and lengths of all curves. 4. Name and right-of-way width of each street. Any street not dedicated to the public must be so marked on the face of the plat (RCW 58.17.165). 5. Location, dimensions and purpose of all easements. 6. Identification of each lot and block with addresses shown on the lots. 7. The required building setbacks shall be shown for each proposed lot as well as any existing buildings and/or major structures and their distances from property lines. 13 8. Purpose for which sites, other than residential, are dedicated to the public or reserved for future development. 9. The required building setbacks on each proposed lot. 10. Location and description of all monuments. 11. The title under which the subdivision is to be recorded, true north and grid north arrows, scale, and legend. 12. Legal description ofthe land to be platted; 13 The legal description of the proposed lots. 14. Certification by registered land surveyor as to the accuracy of plat and survey. 15. Certificate by owner(s) containing the legal description of the land to be platted and dedicating roads, rights-of-way, easements and any sites for public purposes. 16. Certification of approval by: (a) the Planning Commission; (b) €ity EnginccrPublic Works Director and Utilities; (c) Health Department (when required); (d) City Council; (e) City Manager, City Clerk, Fire Chief, Planning Director.. and City Attorney. 17. Certification by the County Treasurer that all state and county taxes levied against the land to be subdivided have been paid in full. 18. Certification of filing by County Auditor. 19. If improvements are to be bonded rather than actually installed prior to final plat approval, the plat shall show a notation as follows: "No occupancy of dwelling units will be allowed until all roadway and utility improvements have been completed and approved by the City Engineer." (Ord. 2909 93,3/29/96; Ord. 2880 92, 8/25/95; Ord. 2743 93, . Section 3. Ordinance 1709, as amended, and Chapters 17.08, 17.15, 17.21, 17.22, 17.24, 17.30, 17.32, 17.34, 17.94, 17.96 of the Port Angeles Municipal Code are hereby amended by amending PAMC Sections 17.08.010, 17.08.045, 17.15.050, 17.15.080, 17.21.200, 17.22.200,17.24.200,17.24.230,17.30.070, 17.32.070, 17.34.050, 17.34.070, 17.34.020, 17.94.160, 17.96.050, and 17.96.070 to read as follows: . 17.08.010 - "A" A. Accessory Building or Use - one which ~ +:- is subordinate and incidental to and serves a principal building or principal use; and ~ which is located on the same zoning lot as the principal building or principal use served. (Ord. 292191,6/28/96; Ord. 2861 91 (part), 3/17/95; Ord. 2652 91 (part), 9/27/91; Ord. 1709 91 (part), 12/22/70) B. Accessory Residential Unit - a dwelling unit which~ +:- is incidental to a detached single family residence, ~ is subordinate in space (i.e., fifty percent or less space than the single family residential use}, and 3-; is located on the same zoning lot as the single family residence. An accessory residential unit is served by water and electrical service that is separate from the primary residential . service and has a separate address. (Ord. 2861 91 (part), 3/17/95) C. Adult Family Home - a one-family dwelling of a person or persons who are providing . 14 . . . ~'~\-i;:S:: -""'::':'''',,', personal care, room and board to more than one (1) but not more than six (6) adults who are not related by blood or marriage to the person or persons providing the services and who are licensed by the State of Washington pursuant to Chapter 18.48 and Chapter 70.128 RCW (Adult Family Home regulations). (Ord. 294895 (part), 2/14/97; Ord. 2861 91 (part), 3/17/95; Ord. 265291 (part), 9/27/91) D. Alley - a public right of way which provides service access to abutting property. (Ord. 2861 91 (part), 3/17/95; Ord. 265291 (part), 9/27/91; Ord. 170991 (part), 12/22/70) E. Amendment - a change in language of the zoning text which is an official part of these Zoning Regulations. (Ord. 2861 91 (part), 3/17/95) F. Animal Husbandry - the care and raising of animals. particularly food animals. whether for commercial or personal use pm:poses. provided that this shall not include house pets. B1. Apartment - a room, or a suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a dwelling unit for one family. GH. Assisted Living Facility or Boarding Home - A residential facility that provides domiciliary services to three or more persons of the age 65 or more, or less than age 65 who by reason of infirmity require domiciliary care and who do not require the more intensive care provided by a nursing home, and that is licensed by the State as a "Boarding Home" pursuant to chapter 18.20 RCW. (Ord. 294895 (part), 2/14/97; Ord. 2861 91 (part), 3/17/95; Ord. 265291 (part), 9/27/91; Ord. 170991 (part), 12/22/70) 1/29/93; Ord. 2045 91, 10/27/79; Ord. 196692,4/29/78; Ord. 1631 96, 11/14/67.) 17.08.045 - "H" A. Hedge - the special application of shrubs or other plants that have been planted close together so that they form a thicket and an unbroken line, acting as a space boundary or creating a visual screen. An individual tree cannot be a hedge by itself. (Ord. 2954 ~1, 3/28/97) B. Height - total distance In feet from average ground elevation at perimeter walls to top of sign or structure, except that television antennae, roof mounted mechanical equipment, and other appurtenances are exempt from height requirements. (Ord. 2954 91, 3/28/97; Ord. 2742 91, 1/29/93; Ord. 2652 91 (part), 9/27/91; Ord. 170991 (part), 12/22/70) C. Home Occupation - is an occupation or business activity which results in a product or service, is conducted in whole or in part in the dwelling unit, and is clearly incidental and subordinate to the residential use of the property. (Ord. 2954 91, 3/28/97; Ord. 2861 91 (part), 3/17/95; Ord. 2652 91 (part), 9/27/91; Ord. 226591 (part), 9/19/83; Ord. 210391,10/18/80; Ord. 1709 91 (part), 12/22/70) D. Hospital - an institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and licensed by Washington State Law. (Ord. 2954 91, 3/28/97; Ord. 2652 ~1 (part), 9/27/91; Ord. 1709 ~1 (part), 12/22/70) E. Hospital, Mental - (Including treatment of alcoholics) - an institution licensed by Washington State Agencies under provisions of law to offer facilities, care, and treatment for cases of mental and nervous disorders and alcoholics. (Ord. 2954 ~1, 3/28/97; Ord. 2652 ~1 (part), 9/27/91; Ord. 170991 (part), 12/22/70) F. House Pets - animals. such as dogs and cats that slee.p in and are primarily housed in a dwelling unit together with their owners. 15 ,-- 17.15.050 Area and Dimensional Requirements. A. Minimum Lot Area - 7,000 square feet. B. Density shall not exceed two (2) dwelling units for the first 7,000 square feet oflot area plus one (1) dwelling unit for each additional 1,000 square feet oflot area (maximum 38.56 units/acre). C. . D. pools.) E. Maximum Height - 35 feet. (Ord. 2948 ~5 (part), 2/14/97; Ord. 2861 ~1 (part), C 3/17/95; Ord. 2668 ~3 (part), 1/17/92; Ord. 2666 ~3 (part), 1/17/92; Ord. 2652 ~6 (part), 9/27/91; Ord. 2636 ~9 (part), 5/15/91; Ord. 2397 ~1 (part), 6/16/86; Ord. 1709 ~1 (part), 12/22170) Minimum Yard Requirements 1. Front: 25 feet from front lot line. 2. Sides: No structure shall be permitted closer than 7 feet to any side lot line on the front two thirds of the lot. Detached accessory buildings only, on the rear one third of the lot may be permitted to within 3 feet of the side line. On comer lots, the side yard abutting a street shall have a setback of 13 feet unless more is required by Ordinance No. 1635. Rear: No residential structure shall be permitted within 25 feet of the rear property line. Detached accessory buildings are permitted not closer than 10 feet to the rear property line or alley. Maximum Lot Coverage - 30% totftl site arcft (not to apply to 1:1:Ilendosed :5\\'immin-g 3. 17.15.080 Design and Landscaping. A. All outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from view from public rights-of-way and abutting property by a vision- obscuring fence 6 feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining residential properties and public rights-of-way. C. Unused space which is over 24 square feet and which results from the design of parking space arrangements or accessory structures shall be landscaped. D. One tree shall be provided for each 10 parking spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches and shall have a height of at least 20 feet at maturity. E. All parking lots shall be screened by a 3-foot to 60-foot vision-obscuring fence or vegetation on all~ sides adjacent to residentially zoned property. (Ord. 2861 ~1 (part), 3/17/95; Ord. 2668 ~3 (part), 1/17/92; Ord. 2666 ~3 (part), 1/17/92) . 17.17.020 Applicability. A Conditional Use Home Occupation Permit in accordance with the provisions of this Chapter is required for all Home Occupations occurring in residential use districts except those exempted pursuant to Section 17.17 .030. (Ord. 2861 ~ 1 (part), 3/17/95; Ord. 2103 ~5, 10/18/80) 17.17.050 Application and Notice Procedures. The application for a Conditional Use . Permit for a Home Occupation Permit shall be submitted on a form obtained from the Planning Department and shall be acknowledged by the owner of the property, if other than the applicant. 16 . . . In addition to the notice procedures contained in P AMC 18.02.050. notice shall 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. Labels shall be provided by the apJJlicant.(Ord. 2861 ~1 (part), 3/17/95; Ord. 2595 ~4, 6/27/90; Ord. 2103 ~8, 10/18/80) 17.17.110 Pernlit Limitations. A. Once a Conditiomrl Use Pcnnit rer a Home Occupation Permit has been issued, it shall not be transferred to another person or to a location other than as stated on the permit. B. The initial time limit on approved Conditional Use Permits for Home Occupatiol18 Permits shall not exceed one year, after which time extensions may be granted as provided in ~17.96.070(P) this Chapter. (Ord. 2861 ~1 (part), 3/17/95; Ord. 2595 ~4, 6/27/90; Ord. 2103 ~16, 10/18/80.) 17.17 .120 Dxistin~ 1I0me Oeetlpations. A. 1I0nle Occupations, other than those spedfiea:l1y exempted under Scction 17.17.030, established prior to the effect1\> e date of this Chapter md oot Ita v ing a Conditiomtl Use Permit in aecordance with the provisiom of U7.96.050, shall, within Dinery (90) days after the effective date of this Chapter, initiate a Conditional Use Pemlit application. After the nine~ day period, the penalties scetion of this Chapter shall be in full reree. D. TinlC extensions of Conditional Use Permits for 1I0me Occupations lawfully established prior to the effective date of this Chapter shall not be appro"ved unless the 1I0me Occupation complies full) with this Chapter. (Ord. 2861 U (part), 3,'17/95, Ord. 2103 U6, 10/18,'80) 17.17.200 Appeals. A. Any person aggrieved by the decision of the Planning Director may appeal the decision to the City Council. B. Appeals shall be submitted to the Planning Department in writing within fifteen (15) days following the date of the decision. C. The City Council shall conduct an open record public hearing on the appeal of the Planning Director's decision with notice being given as set forth in PAMC 17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. 17.17 .210 Extensions. A. Extensions of approved Home Occupation Permits shall be considered in accordance with the same procedures as for the original permit application and may be granted for specified or unspecified time periods provided that the following minimum criteria are met: 1.,. The use complies with the permit conditions: and 2. There have been no significant. adverse changes in circumstances. B. Upon written reQuest.for an extension submitted to the Planning Department prior to the expiration of the Home Occupation Permit. said Permit shall be automatica11 y extended for ninety (90) days to allow the City to review and process the extension request. 17.17.300 Revocation of Pemrit. Any permit issued pursuant to the terms of this Chapter 17 may be revoked in accordance with the provisions of Chapter 1, Section 13, Ordinance No. 2050. (Ord. 2861 ~1 (part), 3/17/95; Ord. 2103 ~18, 10/18/80) . 17.17. 310 Penalties. A. Any person violating any provIsIon of this Chapter shall be guilty of a misdemeanor, and shall be punished by a fine not to exceed Five Hundred ($500) Dollars. Each day that a violation continues shall constitute a separate offense. B. In addition to the criminal penalty of Subsection A hereof, any person operating under an exemption authorized by any portion of this Chapter shall be deemed to have forfeited said permit as a result of said violation. Such person shall be required to app ly for a Conditional B8e Home Occupation Permit pursuant to the provisions ofPAMC 17.17.050. Failure to apply for and obtain a Conditional Use Home Occupation Permit pursuant to PAM C 17.17.050 shall subject the person to the penalty specified in Section 17.17.310 A. (Ord. 2861 ~1 (part), 3/17/95; Ord. 2103 ~19, 10/18/80) 17.17.320 Existinl: Home Occupations. A. Home Occupations. other than those specifically exempted under PAMC 17. 17.030. established prior to the effective date of this Chapter and not havin& a Home Occupation Permit in accordance with the provisions of this Chapter shall. within ninety (90) day s after the effective date of this Chapter. initiate a Home Occupation Permit application. After the ninety-day period. the home occupation shall be considered to be in violation of this Chapter. . B. Time extensions of Conditional Use Permits for Home Occupation Permits lawfully established prior to the effective date of this Chapter shall not be approved unless the Home Occupation complies fully with this Chapter. (Ord. 2861 &1 (part). 3/17/95: Ord. 2103 &16. 10/18/80. 17.18.010 Pm:pose. The purpose of the bed and breBkfa:gt wnditionallisc this Chapter is to ensure that a bed and breakfast is compatible with its surrounding properties, and when located in a residential neighborhood, to preserve the residential character of the neighborhood and the surrounding residences. (Ord. 2861 ~1 (part), 3/17/95; Ord. 2636 ~4, 5/15/91; Ord. 2483 ~1 (part), 3/23/88) 17.18.020 Definitions. A "bed and breakfast" is a single family residence located in a residential zone. containing one kitchen and shared dining area, providing lodging for guests and travelers for a period of up to thirty (30) days and serving primarily breakfast only to people registered to use the facility for lodging or special events that require facilities to provide more thanjust meals. (Ord. 2483 ~1 (part), 3/23/88) 17.18.030 Applicability. A Bed and Breakfast Conditional Use Permit in accordance with the provisions of this Chapter is required for all bed and breakfasts occurring in residential zones. A Bed and bBreakfast Permit shall be not be required permitted liSCS within commercial zones. (Ord. 2861 ~ 1 (part), 3/17/95; Ord. 2534 ~ 1 (part), 5/24/89; Ord. 2483 ~ 1 (part), 3/23/88) 17.18.040 Development Standards. All bed and breakfasts shall comply with the following development standards: . 18 . . . A. All bed and breakfasts shall be located in single family residences and shall exhibit no outward appearance of a business or of a non-residential nature, other than permitted signs. B. All bed and breakfast operators shall live on the premises. C. A bed and breakfast with four or fewer rooms for let shall provide parking spaces for the operator and guests. Bed and breakfasts with more than four rooms for let shall provide parking spaces for the operator, guests, and employees. D. All off-street parking areas shall be screened in a manner that is compatible with and respectful of adjacent properties. E. All on-site signs leeatcd within rcsidemial zeftcs shall be no more than five (5) square feet in area, indirectly lighted, and parallel to the building facade to which they are attached unless they are free-standing in the yard. Free-standing signs cannot exceed three feet in height but may be perpendicular to the facade. The light source shall be shielded from abutting property and rights- of-way. There shall be a maximum of two ill free-standing signs. F. All bed and breakfasts shall comply with the applicable local and State Fire and Health Codes. G. All bed and breakfasts shall not be transferable to new locations. H. Size and area requirements: No. ofBdrms. To Let Min. Lot Area 0- 4 7,000 sq. ft. (RS-9, 9,000 sq. ft.) 5 - 8 14,000 sq.ft. (RS-9, 18,000 sq. ft.) 9 - 12 28,000 sq.ft. 13 - 16 1 acre 17 - 20 2 acres 21 - 24 4 acres I. Accessory Activities and Facilities.. Bed and breakfasts shall have the following minimum lot area in order to provide these activities or facilities: Activity and/or Facility Minimum Area Hot tub 7,000 sq.ft. (RS-9, 9,000 sq. ft.) Sauna 7,000 sq. ft. (RS-9, 9,000 sq.ft.) Swimming Pool 1 acre Tennis Court 1 acre Other outdoor rec. courts (volleyball, hand ball) 1 acre Meeting rooms 2 acres Playing fields 2 acres .NOTE: Combination of activities and facilities; e.g., tennis courts and swimming pools, may require additional lot area beyond the minimum listed; however, the minimum areas are not additive; e.g., if the bed and breakfast has one acre, it can have a pool and a tennis court. Nor are these areas additive to the base minimum. J. Any change in the ownership, structure, or the site plan requires a revised permit. (Ord. 2861 ~1 (part), 3/17/95; Ord. 2666 ~2, 1/17/92; Ord. 2534 ~1 (part), 5/24/89; Ord. 2483 ~1 (part), 3/23/88) 19 17.18.050 Application and Notice Procedure. A. The application for a Ct"mditional Use Pcnnit fur a bBed and bBreakfast Permit shall be submitted on a form obtained from the Planning Department and shall also be signed by the owner ofthe property if other than the applicant. In addition to the notice procedures contained in PAMC 18.02.050. notice shall 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. Labels shall be provided by the ap-plicant. B. Upon receipt of an application satisfying the requirements of this Chapter, the Planning Department shall route it to all appropriate Departments. Each City Department shall submit to the Planning Department recommendations and comments regarding the application. (Ord. 2483 ~ 1 (part), 3/23/88) . 17.18.090 Pennit Limitations. A. Once a C6Iuiitional Use Bed and Breakfast Permit has been issued for a bed. and brc8kfast, it shall not be transferred to another location. B. The Conditional Use Bed and Breakfast Permit shall be valid only for so long as the bed and breakfast complies with the requirements of this Chapter and the conditions of approval. C. Any change in the ownership, the structure, or the site plan requires a revised permit. (Ord. 2483 ~ 1 (part), 3/23/88) D. The initial time limit for approved Bed and Breakfast Permits shall not exceed one year. after which time extensions may be granted as provided in this Chapter. . 17.18.091 Appeals. A. Any person aggrieved by the decision of the Planning Director may appeal the decision to the City Council. B. Appeals shall be submitted to the Planning D((partment in writing within fifteen (15) days following the date ofthe decision. k The City Council shall conduct an open record public hearing on the appeal of the Planning Director's decision with notice being given as set forth in PAMC 17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with P AMC 17.96.150. 17.18.092 Extensions. A. Extensions of approved Bed and Breakfast Permits must be submitted in writing prior to the expiration date of the original permit approval and shall be considered in accordance with the same procedures as for the original permit application. An extension may be granted for specified or unspecified time periods. provided that the following minimum criteria are met: .L. The use complies with the permit conditions: and 2. There have been no significant. adverse changes in circumstances. B. Upon receipt of a written request for extension of a Bed and Breakfast Permit (prior to expiration ofthe permit) said permit shall automatically be extended for ninety (90) days to allow the City time to review and process the request. 17.18.100 Permit Revocation. The Planning Director may immediately revoke" ill: suspend . 20 C',\C-, . Of the permit, 6f a permit. either the isstlftftce or the renewal thereof, ifhe finds that: A. The applicant or permittee has violated or failed to meet any of the provisions of this Chapter or conditions of the permit; or B. Any required licenses have been suspended. revoked, or canceled. Upon denial, suspension or revocation, the Planning Director shall notify the applicant or permittee in writing of the action he has taken and the reasons therefor. After giving such notice by certified mail, if the bed and breakfast has not been removed within thirty (30) days, the Planning Director, or his designee, may cause the closure of any bed and breakfast found in violation of this Chapter. (Ord. 2483 91 (part), 3/23/88) . 17.21.200 Development Standards. A. Area and Dimensional Requirements: 1. Minimum Lot Area - 7,000 square feet for non-residential uses. Residential uses shall comply with the RHD area requirements. 2. Minimum Lot Width - 50 feet. 3. Minimum Yard Requirements No structure shall be built within 15 feet of an alley or any property that has a residential zoning classification. Setbacks shall e?onronn to the rcqtlirements of Ordintmce N6. 1635 fur arterial streets. 4. Maximum Lot Coverage - 50% of the total site Mea. 5. Maximum Height - 30 feet. (Ord. 2861 91 (part), 3/17/95; Ord. 279793, 2/11/94) 17.22.200 Development Standards. A. Area and Dimensional Requirements: 1. Minimum Lot Area: 7,000 square feet for non-residential uses. Residential uses shall comply with the RHD Zone area requirements. 2. Minimum Lot Width: 50 feet. 3. Minimum Yard Requirements No structure shall be built within 15 feet of an alley that abuts a residential zoning classification or of any property that has a residential zoning classification. Sctbaeks shall conform to the rcqttircmenttl ofOr-dinftftcc No. 1635 fur B:rtcriaI streets. No loading structure or dock with access onto the alley shall be built within 15 feet of an alley. Driveway access onto an alley shall maintain a vision clearance triangle. The vision clearance triangle shall extend 10 feet along the alley and 15 feet along the edge of the driveway, measured from the point of intersection of each side of the driveway and the alley right-of-way line. 4. Maximum Lot Coverage - 50% of the total site Mea. 5. Maximum Height - 35 feet. (Ord. 2977 91 (part), 12/26/97; Ord. 2863 93, 4/14/95; Ord. 2861 91 (part), 3/17/95; Ord. 279794,2/11/94) . 17.24.200 Development Standards. A. Area and Dimensional Requirements: 1. Minimum Lot Area: 3,500 square feet for non-residential uses. Residential uses shall comply with the RHD area requirements. 2. Minimum Lot Width: 25 feet. 21 3. Setbacks/Building Envelope Distances: Side - None, except no structure shall be built within 10 feet of any property that has a residential zoning classification. No side yard required when abutting a commercial, green belt, or industrial zoned lot; except that for residential and mixed commercial/residential structures a 7- foot side yard shall be required. Rear - None, except no loading structure or dock shall be built within 15 feet . of any alley. Front - At least 50% of the front property line shall be abutted by a building; provided, however, that for the pmposes oftms Section, a publicly accessible plaza, square, outdoor dining area, or similar area shall be considered a building. 4. Maximum Lot Coverage: 100% Ntt maximum.. lot eOYenl.ge exeept that lWrth of Railroad AvCfttle, maximum lot eoverftge shall bc sl:lbjeet to the rcquircmems of the Cla:llam Co"tutty Shoreline Master Pl'6gram as adopted and amended by the Cit). of Port Angelcs. B. Maximum Building Height: 45 feet except that within the City's shoreline iurisdiction. maximum height shall be determined by the City's Shoreline Master Program. Where the Shoreline Master Program does not identifY a specific height limit. maximum building height shall be determined through the shoreline permit process. In areas outside ofthe City's shoreline iurisdiction. additional height may be approved through a conditional use permit process that considers the impacts upon existing views and solar protection. shadow impacts. and factors such as the height ofthe bluff south of First Street. . 1. North of Railroad A vefttle: Maximtml building height shall be established . during the Shoreline Sttbstantial Dc...elopmem Permit process, milizing the regulations and 45% except that unless specifically restrieted by the City's ShorclifiC Master Program. 2. Somh of Railroad A'v'Cfiue: Unlimited maximum height; provided, hO',lv'ever, that additional height O-ler 45 feet shall be obtained by Conditional Use Permit that considers the impacts upon existing views and solar protection, shado".v impacts, and the height of the bluff south of First Street. 3. Leased air rights of -.vay shall have the same maximtllll height as the abl:ltting property. 4. Upper floors de'..oted exclusively to public access shall be exempt frem maximum height imitations; pro-..idcd that -liews ofthe water arc 1:lfl:obstmcted. 5. Ikight calculations shall be based tlpon the existing grade of the lot or the existing,grede of the from property lin, -.vhiehc-..er is higher. (Ord. 2861 91 (part), 3/17/95; Ord. 2303 91 (part), 7/4/84) 17.24.230 Design and Landscaping Standards. A. All outdoor storage areas, except those associated with municipal solid waste collection, shall be screened from public view from public rights-of-way and established marine and pedestrian routes. B. At least the first five feet ofthe 10- foot setback area abutting a residential zone shall be landscaped. Landscaping shall include shrubs of at least 6-foot mature height capable of forming . a hedge, evergreen, deciduous, or ornamental trees. C. Devclopment ab1::ltting the ordinary high water mark, as defmed in the Clallam County Shoreline Master Progrmn, shallpro-..ide public aceess to the shoreline. 22 . . . D. Shoreline rehabilitation Mid/or re;eonstf'tletion shall proyide a roek "prep ed-ge and woodcn bml:rd..-/alk or an impftwcd on grade path for pttblie aceess. L. De v"elopment oeetu.Tillg in lIarbor Lease areas o-/er the -;;ater shall be on piers and doeks that comply ";/ith the require;ments of the Clallam. C01::lfity Shoreline Master Program. P. Landfill is pl'6hibited execpt to increase poolie aeeess to the shoreline and shall comply with the Clallam Col:Jftt)" Sh6rdme M8:3ter Pl'6g'l'8m as adopted by the City ofP6I't Angeles Mid he;rea1ter anlcnded. ee. Drive-in facilities, including accessory uses such as drive-in windows of banks and restaurants, except for ferry terminals and parking lots and structures, are prohibited. (Ord. 2861 ~ 1 (part), 3/17/95; Ord. 2303 ~1 (part), 7/4/84) 17.26.010 PUl:pose. The purpose of this Chapter is to ensure that retail stands are appropriately located in the commercial and public building areas, are compatible with the uses allowed in such areas, and are conducive to the public health, safety, and welfare, and to promote the diversity of retail stand activity. (Ord. 2861 ~1 (part), 3/17/95; Ord. 2596 ~1, 6/27/90; Ord. 2471 ~1, (part), 1/1/88) 17.26.030 Conditional Use Retail Stand Permit Required. No retail stand shall be permitted in the City of Port Angeles unless a Conditional Use Permit is approved pursuant to, and in compliance with, the provisions of this Chapter. (Ord. 2861 ~1 (part), 3/17/95; Ord. 2471 ~1, (part), 1/1/88) 17.26.065 Right-of-Way Use Fee. In addition to the Conditional Use Retail Stand Permit fee, retail stands that are to be located within City right-of-way shall also be required to pay to the City of Port Angeles an annual rental fee in the amount set forth in P AMC 3.70.040, which shall be paid prior to initial occupancy on a pro-rata basis for use beginning during the calendar year and shall be paid on January 1st of each calendar year thereafter. (Ord. 2883 ~1, 9/15/95) 17.26.070 Application and Notice Procedure. Applications for new Retail Stand Conditional Bse Permits shall be considered starting in February of each year. In addition to the notice procedures contained in PAMC 18.02.050. notice shall 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 th e County Assessor. Labels shall be provided by the applicant. The application for a Retail Stand Conditional Use Permit shall be submitted on a form obtained from the Planning Department and accompanied by the following documents: A. Certification that adjacent property owners and/or businesses, including those one entrance to the left and one entrance to the right, both at street level, have been notified by the applicant ofthe application request and that the applicant has paid all applicable dues, assessments, and taxes. B. Detailed scale drawings of the retail stand to be used including materials, specifications, and drawings showing all four sides of the stand, including any logos, printing, or signs which will be incorporated. An example of the type of drawings required may be obtained from the Planning Department. Color schemes must be indicated on the drawings. For existing retail stands, five by seven color photographs may be substituted for drawings. 23 C. An accurate drawing (plot plan to scale) of the retail stand and its location. The drawing must show the public or private place to be used, including design and size of the retail stand and support equipment accessories as placed adjacent to the retail stand during operation. D. lfthe area to be occupied is City-owned, such as a sidewalk, plaza, public access site, or parking lot, the permittee must obtain and retain a minimum of $500,000 public liability and property damage insurance coverage, naming the City as co-insured, and must sign an agreement to indemnify and hold the City harmless. E. The scheduled hours of operation for the season that includes times of day, days of the week, months ofthe year, and scheduled closings. (Ord. 2861 ~1 (part), 3/17/95; Ord. 2596 ~4, 6/27/90; Ord. 2471 ~1, (part), 1/1/88) 17.26.100 Permit Limitations. A. A Retail Stand C6ftditiofial Use Permit may not be transferred to another person or to a location other than that stated on the permit. B. Eseh A permit shall be for a retail stand located in a public right-of-way shall be approved for a period not to exceed eight (8} months.. unless otherwise stated by the City and may be renewed by extension of an approved CUP. Preference may be given to a renewal extension request before a new application for that retail stand location shall be considered. (Ord. 2861 ~1 (part), 3/17/95; Ord. 2596 ~5, 6/27/90; Ord. 2471 ~1, (part), 1/1/88). .c.. A permit for a retail stand located on private property shall be approved for an initial period of time not to exceed one (1) year. 17.26.110 Permit Revocations. The Planning Director may immediately revoke or suspend the permit, or deny either the issuance or renewal thereof, ifhe finds that: A. The applicant or permittee has violated or failed to meet any of the provisions of this Chapter or conditions of the permit; B. The cart or operation is detrimental to the surrounding businesses or to the public due to either appearance or condition of the cart; C. Any required licenses have been suspended, revoked, or canceled; D. The applicant or permittee does not have a currently effective insurance policy in the minimum amount provided in this Chapter; or E. The scheduled hours of operation are not followed. Upon denial, suspension or revocation, the Planning Director shall notify the applicant or permittee in writing of the action he has taken and the reasons therefor. After giving such notice by certified mail, if the retail stand has not been removed within 15 days, the Planning Director, or his designee, may cause a removal of any retail stand found in violation of this Chapter and is authorized to store such cart or stand until the owner thereof shall redeem it by paying the removal and storage charges.(Ord. 2861 ~1 (part), 3/17/95; Ord. 2596 ~6, 6/27/90; Ord. 2471 ~1, (part), 1/1188) . . 17.26.130 Appeals. A. Any person aggrieved by the decision of the Planning Director may appeal the decision to the City Council. B. Appeals shall be submitted to the Plannin~ Department in writin~ within fifteen (15) . days followin~ the date of the decision. .c.. The City Council shall conduct an open record public hearin~ on the appeal of the 24 . . . Planning Director's decision with notice being given as set forth in P AMC 17.96.140. The Council's decision shall be final unless ap.vealed to Clallam County Superior Court in accordance with P AMC 17.96.150. IT: D. The retail stand shall be removed and shall not be operated during the appeal process. B. Appeals shall be sttbmitted in accordance -.-lith Section17.96.070. (Ord. 2861 ~1 (part), 3/17/95; Ord. 2596 ~7, 6/27/90; Ord. 2471 ~1, (part), 1/1/88). 17.26.135 Renewals. A. Renewals of approved permits shall be considered in accordance with the same procedures as for the original permit application. provided that the following minimum criteria are met: L. The use complies with the permit conditions. 2. There have been no significant. adverse changes in circumstances. Permits for a retail stand located in a public right-of-way shall be granted on an B. annual basis. .c. Permits for a retail stand located on a private property may be granted for a period of one (1) to five (5) years. D. Preference may be given to a renewal request before a new application for that retail stand location shall be considered. 17.30.070 Signs. A. One business sign for each wall not to exceed one square foot for each horizontal lineal foot of building wall or 300 square feet, whichever is less, shall be permitted. B. One detached business sign, not exceeding 15 feet in height and 35 square feet in area, shall be permitted. C. Public and private directional, traffic, and warning attached and detached signs shall not exceed-4 .Q square feet in area. D. Signs may be lighted, but not intermittent or flashing. E. Sign area shall be eakl:llatcd by eiremnseribing the extcrior limits on the mass of eaeh display erected on one sign stmct1:trc -."lith a circle, tri8figk, or qtlatlrtmgk cormeeting all extreme poil'l:ts. ...Nhere a sign is eonlposed oftwo or morc indh'ieltta:l1cttcrs mmmted directly on a wall, the total display smface, indtlding its baekgrtHmd, shall be considered one sign for pmposes of caktllfttin-g sign Mea. The strtlettlre stlpporting a sign is not indtldcd in detennining the Mca of the sign tmless the stftlemre is designed in a way to fonn an integral pMt of the digplay. (Orel. 2861 ~1 (pm), 3/17/95) 17.32.070 Signs. A. One business sign for each wall not to exceed one square foot for each horizontal lineal foot of building wall or 300 square feet, whichever is less, shall be permitted. B. One detached business sign, not exceeding 15 feet in height and 35 square feet in area, shall be permitted. C. Public and private directional, traffic, and warning attached and detached signs shall not exceed-4 .6. square feet in area. D. Signs may be lighted, but not intermittent or flashing. E. Sign Mea shall be ealctIlated by eiremnseribing the exterior limits on the mass of eaeh 25 display ereeted Oil Olle sign stmctlifc ".r.-ith a eircle;, tnMigle, 6f q1:ladrtmglc conneeting all extreme points. ",'/here a sign is eomt'osed of t\.vo Of mol'C illdi";iooallctttifs mmmted directly Oil a wall, the total display surface, inel1:ldillg its baekgro1:llld, shaH be cOllsidered Olle sign fOf pttrposes of eale;1:l1ating sign arca. The stmetlife S1:lpporting a sign is 1l0t included ill detennining the area of the sign tmless the stmettlrt; is designed in a ",vay to form an integral part ofthe digplay. (Ord. 2389 ~ 1 5/30/86; Ord. 2329 ~ 1 (part), 3/11/85) . 17.34.010 Pm:pose.-M4 IH Zone - This is the least restrictive industrial zone intended to be the area in which heavy industry could develop causing the least impact on other land uses. (Ord. 2861 ~1 (part), 3/17/95; Ord. 2668 ~6 (part), 1/17/92) 17.34.020 Permitted Uses. A. Automobile body, fender, laundry, paint shops and wrecking yards. B. Bakeries, wholesale. C. Battery rebuild, tire repair & recapping. D. Boiler works. E. Book, newspaper & magazine printing & publishing. F. Bottling plants, creameries. G. Cabinet and carpenter shops. H. City pound. 1. Draying, freight & trucking yards and terminals. . J. Dry cleaning: clothes, carpets, rugs, laundries. K. Night club, pool hall, dance hall, boxing arena, penny arcade, shooting gallery or similar amusement enterprise. L. Railroad yard or roundhouse. M. Sawmills. paper mills. pulp mills. N. Ship building, storage, repair, boat havens, marinas. o. Storage yards; building materials, tractors, trucks, boats, equipment. P. Transportation or freight terminal. Q. Truck, trailer, motorcycle, repairing, overhauling, rental, sales. R. Utility buildings and structures. S. Veterinary or pet shop hospital, kennel and hatchery. T.Warehousing, distributing plants. U. Wood products manufacture. V. Manufacturing, processing, packing, storage of: 1. alcohol 2. brick, tile or terra-cotta 3. brooms, brushes . 4. celluloid or similar cellulose materials 5. cloth, cord or rope 6. concrete 7. electrical products and appliances . 8. food and food products 9. kelp reduction 10. lumber 26 . . . 11. machinery 12. paper and pulp 13. prefabricated buildings 14. signs, all types 15. salt works 16. vegetable or other food oil. (Ord. 2861 ~1 (part), 3/17/95; Ord. 2668 ~6 (part), 1/17/92; Ord. 1709 ~ 1 (part), 12/22170) 17.34.050 Area and Dimensional Requirements. A. Minimum lot size is 7,000 sq. ft. B. Minimum Yard Requirements No buildings shall be constructed closer than 30 feet to any public right-of-way line, nor closer than 15 feet to any property line. Buffers bet\vCGli this ZeliG 8fia fG3iaelitial 8fia wmmcr~ial ZeliGS shltll be; pr6,..ided c6lisistart with the Cemprchensi-"G Plan. Unless deemed by the City to be impractical. ineffective. or unnecessmy. buffers shall be provided between industrial and other uses in order to mitigate nuisance and hazardous characteristics such as noise. particulate matter in the air. water or odor pollution. objectionable visual material. or other such impacts. (Ord. 2861 ~1 (part), 3/17/95; Ord. 2837 ~4 ,9/30/94; Ord. 2668 ~6 (part), 1/17/92; Ord. 1709 ~1 (part), 12/22170) 17.34.070 Signs Permitted. A. Maximum sign area: 400 square feet. Signs 8fid billbeards as pemtitte;d b)' City 6f Pert ;\ngdcs sign G6aes. &- .c. Intermittent or flashing types are prohibited. e B. Maximum height: 35 feet, 400 sq. ft. ili are;a. (Ord. 2668 ~6 (part), 1/17/92; Ord. 1709 ~1 (part), 12/22170). 17.94.160 Exempt Signs. The following signs are hereby exempt from signage requirements in all zones: A. Official signs- Official traffic signs, directional signs, community identification signs. and warning signs erected by public authorities. B. Informational signs - Signs that give direction, service information or warnings such as "Enter", "Exit", "Customer Parking", "Drive thru", "Restrooms", "Telephones", ''No Parking", etc. if: 1. The single side, maximum area of the sign does not exceed six (6) square feet: and if: 2. The sign does not contain advertising; C. Real estate signs - Real estate signs that advertise real estate for sale, lease, or rent feet; and 1. The sign is located on the property for sale, lease, or rent; 2. The single side, maximum area of the sign is no greater than six (6) square 3. The sign is removed within seven ill days from the date of closing. (Ord. 3007 ~5 (part), 1/15/99; Ord 2668 ~ 10 (part), 1/17/92; Ord. 1709 ~ 1 (part), 12/22170) 27 17.96.050 Conditional Use Permit A. The Planning Commission or PIMming Director shall consider applications for Conditional Use Permits of uses as specified in the applicable Chapter ofthe Zoning Regulations. The Planning Commission or PIMlfling Director may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission~ PIMming Director may refuse to issue a Conditional Use Permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. B. In each application the Planning Commission or PIMlning Director may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. C. Purpose of a Conditional Use Permit: The purpose of a Conditional Use Permit shall be to assure that the maximum degree of compatibility between uses shall be attained. The purpose ofthese regulations shall be maintained with respect to the particular use ofthe particular site and in consideration of other existing and potential uses within the general area in which such use is to be located. D. The federal Fair Housing Act requires that reasonable accomInodations be made in rules policies, practices, or services, when such accommodations may be necessary to afford disabled people equal opportunity to use and enjoy a dwelling. The Planning Cofumission is therefore authorized to make accommodations in the consideration of Conditional:Wse permits for group homes for disabled persons as defined in the federal Fair Housing Act, when the Commission determines that such accommodations reasonably may be necessary in order to comply with such act. (Ord. 2861 ~1 (part), 3/17/95; Ord. 2668 ~12 (part), 1/17/92; Ord. 1709 ~1 (part), 12/22/70) 17.96.070 Hearing and Appeal of Conditional or Unclassified Use Permit Applications. A. Notice and Hearing for Conditional or Unclassified Use Permits. Upon filing an application for a Conditional or Unclassified Use Permit in which the application sets forth fully the grounds for, and the facts deemed to justify, the granting of the g Conditional or Unclassified Use Permit, the Planning Commission shall give public notice, as provided in P AMC 17.96.140, of the intention to consider at a public hearing the granting of the g Conditional or Unclassified Use Permit.:.; pro"v"ided, ho"vvever, that Conditional Use Pennits for bcd and brcakf1i:3ts, home oeetlpations, and retftil stMlds shall be considcred by the Platming Director in aecordancc 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 issued by the Planning Commission, Planning Director, and Cit:r Cotll'leil 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, findingss and conclusions. :.Fhe A l4-day appeal period shall commence upon such adoption. On the next business day following the effective date of the decision, or as soon thereafter as practicable. the Planning Department shall mail copies of the decision, findingss and conclusions to the applicant and anyone else who has in writing requested such notification and shall place a legal notice of decision in the local newspaper. C. Appeals. 28 . . . e e e. 1. Any person aggrieved by the decision of the Planning Commission 6f PIMming Director may appeal the decision to the City Council. 2. Appeals shall be submitted to the Planning Department in writing within fourteen (14) days following the date of the decision. 3. The City Council shall conduct a closed record hearing on the appeal of the Planning commission's decision and an open record ptlblie hearing on the appeal of the PIMlfling Director's decision with notice being given asset forth in P AMC 17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with P AMC 17.96.150. D. Rcqtlests fur Exceptions. All applications for exceptions if6nl these Zoning Rcgulations shall contain all basic infonnation, along with other pertinent facts, maps, and data rcqtlircd by the Planning Commission. ED. 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. FE. Extensions of Approved Conditional Use Permits. Extensions of those previously approved CoIlditional 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. (Ord. 2935 gl, 11/15/96; Ord. 2911 g2, 3/29/96; Ord. 2861 gl (part), 3/17/95; Ord. 2796 S16, 2/11/94; Ord. 2668 g12 (part), 1/17/92; Ord. 2636 g18 (part) 5/15/91; Ord. 2595 gl, 6/27/90; Ord. 2503 gl, 7/27/88; Ord. 2334 g3, 4/10/85; Ord. 1798 g2, 8/15/73; Ord. 1709 gl (part), 12/22/70) Upon written request for an extension submitted to the Planning D~artment 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. 6F. Minor Amendment of Approved Conditional Use Permits. 1. Upon written request submitted to the Planning Department, the Planning Director may approve a minor amendment to an approved conditional use permit if: a. The amendment does not increase the intensity of the use by more than 10% of the original approval; b. The amendment will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located; and c. The site has been posted and adjacent property owners notified fifteen (15) days prior to the decision. 2. Any applications that are not granted a minor amendment by the Planning Director pursuant to this section must obtain an amendment through the City's normal conditional use permit procedure Upon \vritten retItlest fOf an extcnsion sttbmitted to the Planning Depaml1Cfit prior to the cxpimion of thCJ conditional tlSC permit, said conditional tlse pertuit gfiall be atltomatieall). CJxtendcd fOf ninety d8:).s to allow the City adeql:lMe time to re";iey,; the extension rcql:lest. 29 Section 4. If any section, sentence, clause, or phrase of this Ordinance should be held . to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 5. 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 _ day of , 2000. Gary Braun, Mayor ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: . Craig D. Knutson, City Attorney PUBLISHED: By Summary . 30 . . . FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO CITY MANAGER'S REPORT January 4, 2000 I~~~ ME~'~~'~'~~~~~'~~""T"'. n~]Elv.. ................. .......... . ;:!:.u.~;:...::[:' :~.;:-lLXl!i:!!i!!!i::jj::::::.::"'.. .......,~.... . ---..-. I DATE I TIME City Council Meeting Planning Commission Meeting Tuesday, December 21 6:00 p.m. Wednesday, December 22 7:00 p.m. Friday, December 24 CLOSED Friday, December 31 CLOSED Christmas Holiday New Year's Holiday Board of Adjustment City Council Meeting Mike to speak @ Chamber of Commerce Meeting Law Enforcement Advisory Committee, Sf. Center Planning Commission Meeting Mike to speak @ Soroptimist Mike to speak @ Soroptimist Parks, Recreation & Beautification Meeting Planning Commission Meeting G:\CNCLPKT\CTYMGR\CMREPT\2000\JAN4.WPD Monday, January 3 7:00 p.m. Tuesday, January 4 6:00 p.m. Monday, January 10 Noon Wednesday, January 12 6:30 p.m. Wednesday, January 12 7:00 p.m. Thursday, January 13 7:00 a.m. Friday, January 14 Noon Thursday, January 20 7:00 p.m. Wednesday, January 26 7:00 p.m. 19 . . . 20 . . . ~ORT ANGELES W AS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: December 29, 1999 To: MA YOR BRAUN AND CITY COUNCIL FROM: Michael Quinn, City Manager ~6L-- SUBJECT: Informational Report Work Schedule: To keep the City Council informed on the general activities to which I have been involved the last two weeks, the following highlights are included for your information: Legislative Contacts: None Staff Tour: None Community Contacts: None Major Items: While it looks like my schedule above has been pretty light during the Holiday Season, I have used the time to catch up on some strategic planning for the new year and work on the following items: (1) follow through with final Budget implementation and planning for a citizen summary, (2) preliminary outline ofthe timing associated with the replacement process for the Fire Chief, (see below), (3) review of impacts with the lodging tax allocations forthcoming from the committee and scheduled for Council review in January, and (4) review of outstanding labor contract issues and negotiations. Additional Staff Information Reports: These items are general interest information and minutes for your use. I have reviewed the reports with the respective departments and have no further additions at this time, but am available for any questions. However, I do want to inform the City Council of some minor operational. and informational changes I have implemented for the new year that are different than past practice in the following areas: 1. Public Hearing Process - When we involve a public hearing on a legislative issue that impacts regulatory behavior of the citizens, I have asked staffto submit the basic report without the proposed ordinance at the initial introduction. This concentrates the effort toward discussion of the salient points and listening to any public comments received. When we have the ordinance already prepared, it gives the impression to the audience that this item is already predetermined and their comments are not incorporated for consideration unless it was an overwhelming addition that staff did not consider. The Council has the option to close the public hearing and offer their comments or to continue the hearing. In either scenario I believe it gives staff more direct input from the public and Council to prepare a more comprehensive ordinance. It can then be prepared at the next meeting for passage by the Council. In cases where the Council continues the hearing, staff can still prepare the ordinance based upon the initial comments and can then deal with any new information as an amendment or bring back at the next meeting. The only delay in this process from the current procedure is one meeting, but we have incorporated a better method of public input. This process 21 ~---- will not be used on all public hearing ordinances, since some ordinances are oriented more toward administrative revision, the timing does not allow this process to succeed, or other reasons that do not materially impact the citizenry. If the Council has a concern with this change, please let me know; otherwise I intend to follow this format. Weare applying this process to Agenda Item K concerning various code amendments that we seek input and direction in formulating regulations. Ifwe are able to seek a news article on such subjects beforehand, then this will also encourage public input on those items that directly impact the public. . 2. Council Approval of Personnel Replacement - It is my opinion that the City Council through the Budget process has approved the personnel and operational allocations as presented. It should be a management decision to follow through with the approved work program in accordance with the Council goals and directives. For existing positions that need replacement without any change in impact, I have instructed Personnel to proceed with the Department's request for recruitment. For positions that are new, reclassified, or reorganized, we will bring to the Council for approval if not already specifically discussed as part of the Budget process. In all cases you will be informed of the results of our personnel placement. It is my directive that all positions be reviewed and re-justified when they become vacant, and that we use it as an opportunity to improve our organizational efficiencies where possible. While the Council has always been gracious in approving such personnel replacements in the past, I just see it as an unnecessary agenda item unless it involves the concerns previously outlines that cause change from the original budget proposal. 3. Bruce Becker - I just wanted to publically express my appreciation for the kindness and . professiof!.al support shown me by Bruce in my tenure here with the City. While I fully understand the reasons for Bruce's desire to return to California, he will be sorely missed and we commend him for his service to the citizens of Port Angeles. Thank -You, Bruce. 22 . . MEMO PUBLIC WORKS & UTILITIES DEPARTMENT Glenn A. Cutler Director [4801] Phyllis Rasler Administrative Assistant [4800] Cate Rinehart Administrative Assistant [4700] Ken Ridout Deputy Director [4802] Gary Kenworthy Deputy Director and . City Engineer [4803] Jim Harper Electrical Engineer [4702] Lou Haehnlen Building Official [4816] Tom Sperline Sr. Electrical Inspector [4735] Scott McLain Power Manager [4703] Doyle McGinley Interim Water, Wastewater Collection Superintendent [4855] Pete Burrett EqUipment Services Superintendent [4835] Mark Shamp Light Operations Manager [4731] Gary Holbrook Interim Treat. Plant Supervisor [4845] Tom McCabe SW Collection Supervisor [4876] Steve Evans Landfill Supervisor [4873] Dave Wilcox Street Maintenance Supervisor . [4825] ~ORTANGELES WAS H I N G TON, U. S. A. DATE: December 16, 1999 TO: Gary Kenworthy, Deputy Director and City Engineer FROM: Kirk Johnson, Public Works Inspector RE: Public Nuisance Summary - 1999 Attached is a summary of Public Nuisance for 1999. The number of City performed abatements is down considerably from 1998, and 1 attribute this to revisions in the ordinance pertaining to repeat offender administrative fees and increased fines for noncompliance. In addition, I feel the new warrant section gets peoples' attention and is a good tool in obtaining compliance. Since this section was revised on June 1, 1999, the City has performed no additional abatements. Junk vehicles were at an all-time high this year at 82 vehicles. Please let me know if you need additional information. N:\PWKS\ENGINEER\NUISANCE\99sumary. wpd 23 PUBLIC NUISANCE ORDINANCE SUMMARY - 1999 . (1998 FIGURES IN PARENTHESES) NUMBER OF NUISANCE COMPLAINTS: 136 (127) REPEAT OFFENDERS: 22 (45) *COMPLAINT CATEGORIES: TALL GRASS I FIRE HAZARDS: 54 (50) JUNK IN YARDS: 55 (28) JUNK VEHICLES: 82 (24) TRAFFIC HAZARDS: 24 (39) LETTER RESPONSE: **RESPONSE TO INITIAL LETTER: 5 (34) RESPONSE TO 1 ST LETTER: 95 (27) RESPONSE TO ABATEMENT ORDER: 31 (40) CITY PERFORMED ABATEMENTS: 5 (12) . (* SOME NUISANCES MAY HAVE MULTIPLE COMPLAINT CATEGORIES) (** INITIAL LETTER PROCEDURE ABANDONED EARLY IN YEAR) . 24 . ~ORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: January 4, 2000 To: MIKE QUINN, CITY MANAGER FROM: Glenn A. Cutler, Director of Public Works and Utilities SUBJECT: Summary of Fiber Optics Feasibility Study In September of 1999, the City and Clallam PUD entered into an agreement with Power Engineers, Inc. to do a feasibility study for the installation of a Fiber Optics system throughout the City and connecting the PUD substations. The original completion date was to be in December, 1999. We have received a first draft of the report and have determined that it needs considerable improvement. We have been working with the PUD and our consultants to make the report correspond more closely with the original scope of work. We are expecting a revised draft by January 7, 2000. . We.will continue to work towards a joint presentation to City Council and PUD Commissioners in February. Along with the joint presentation, we are planning separate sessions with the City and PUD so specific questions on the City's system and the PUD's system can be answered. N:\PWKS\LIGHT\POWM\FIBER\COUSUMM. WPD . 25 . . . 26 1-- . . . DATE: To: FROM: SUBJECT: FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO January 4, 2000 MAYOR AND CITY COUNCIL Becky J.Upton, City Clerk/Management Assistant W City Council Committee Assignments for 2000 Attached is the current roster of City Council committee assignments. Please review your present assignments and consider those you would like to accept for this coming year. As in the past, you will be contacted with regard to your preferred assignments, and an overall recommendation will be prepared for the January 18, 2000, Council meeting. Attachment 27 N (X) City of Port Angeles City Council Committee Assignments As of November, 1999 Mayor II X :ount ) ~or iremen's Pension Board (meets once per year, usually March II X rAmi!) .. - 2 X X owntown Forward Executive Committee (meets as needed) 1 X Alt. ehicle Committee (meets as needed) 2 X X eat Estate Committee (meets as needed) 3 X X X 3* X X Alt. X erv=~ ~or X ~ I I I X I I t= olf Course Develo ment Committee (meets as needed) X X conomic Development Steering Committee [P.A. Works!] meets as needed 3 X X I X . .. rateway Review Committee (meets as needed) 2 X X odeinl! Tax Advisory Committee (meets as needed) 2 X X . 2* X Alt. X . . . . blic Health Advisory Board (meets 1st Tues. ea. month, 12:00 Noon, at the County) olid Waste Advisorv Committee hamber of Commerce Liaison (meets 2nd &.4th Fri., 12:00 oon, location varies) . City of Port Angeles City Council Committee Assignments As of November, 1999 1 1* 1 1 orth Olympic Peninsula Visitor & Convention Bureau (meets rd Tues. ea. month, 6:30 p.m., location varies) 2* conomic Development Council (meets monthly, schedule set by oardL . M. Lauridsen Trust (meets 4th Thurs. ea. month, 2:00 'eninsula Develooment Association (meets twice a year) N CD 1* Mavor x x All. x X -2- Alt. All. X X X All. . 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