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HomeMy WebLinkAboutAgenda Packet 11/01/2004F;n PORTANGELES WASHINGTON, U.S.A. AGENDA CITY COUNCIL MEETING 321 EAST FIFTH STREET November 1, 2004 SPECIAL MEETING - 6:00 p.m. AGENDA ITEN�@22 First. z V-0�= �= ACTIO REQUEST �' "e' "y`, .. W'" ku-r +zC §��^ a i A. CALL TO ORDER - Special Meeting (6:00 p.m.) ROLL CALL - PLEDGE OF ALLEGIANCE - PUBLIC CEREMONIES, PRESENTATIONS AND PROCLAMATIONS 1. Carol Johnson, Clallam County Fair Board, and Russ --- 1. Presentation Veenema, Port Angeles Chamber of Commerce, to present progress update of the Covered Arena Project. B. WORK SESSION PLACED ON THIS OR FUTURE AGENDAS as determined by City Manager or City Council C. (1) LATE ITEMS TO BE member (2) PUBLIC COMMENT This is an opportunityfor members of the public to speak to the City Council about anything. To allow time for the Council to complete its legislative agenda, comments should be limited to no more than 5 minutes perperson and a total of 15 minutes for this comment period. (These time periods maybe lengthened or shortened at the discretion of the Mayor.) D. FINANCE E. CONSENT AGENDA 1. City Council Minutes of Special Council Meeting of 1 Approve Consent Agenda October 18, 2004 2. Expenditure Approval List - October 22, 2004 - 9 $502,654.11 3. School Resource Officer Contract 35 F. CITY COUNCIL COMMITTEE REPORTS G. RESOLUTIONS H. ORDINANCES NOT REQUIRING PUBLIC HEARINGS 1. Proposed new Animal Control Ordinance 43 1. Adopt Ordinance 2. Proposed new Motorized Foot Scooter Ordinance 93 2. Adopt Ordinance I. OTHER CONSIDERATIONS 1. Approval of the Teamster, sworn officers unit labor 109 1. Approve Contract contract J. PUBLIC HEARINGS - QUASI-JUDICIAL (7:00 P.M. or soon thereafter) NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK November 1, 2004 Port Angeles City Council Meeting Page - 1 Al s. { R'"`?Y ke s§- '� 9{ R� •w'3"£it.,.. AG EN ALIT F>Irs ACEI RE VEST eh� ��Q x Pa _ . ... �. ., ter, ._ti .E, K. PUBLIC HEARINGS - OTHER 1. 2005 Wastewater Rates 147 1. Open Public Hearing 2. Budget Hearing on Revenue for Year 2005 149 2. Open Public Hearing 3. STREET VACATION PETITION - STV 04-01 - 151 3. Open Public Hearing & Continue to November 16 REID - Portion of the 16/17 Alley east of `A' Street in Block 444: Consideration of vacation of right-of- way. 4. MUNICIPAL CODE AMENDMENT- MCA 04-02 185 4. Open Public Hearing & Continue to November 16 City-wide. Amend various sections of the Port Angeles Municipal Code in compliance with the State mandated Growth Management Act update of development regulations (Titles 3, 14, 15, 16 and 17) and approve various rezone proposals consistent with the City's Comprehensive Plan. 5. Surplus Park Property 207 5. Open Public Hearing L. INFORMATION 1. City Manager's Reports: • Goals / Projects Update (Page 215) • Change Orders, Contracts under $15K, Grants & Loans (Page 229) • Veteran's Day Designation and Celebration Information (Page 23 1) 2. Planning Commission Minutes - October 13, 2004 (Page 235) 3. Department of Community Development Monthly Report - September 2004 (Page 241) 4. Hotel/Motel Grant Quarterly Report - September 30, 2004 (Page 245) 5. Police Department Second Quarter Report - (Page 246) M. EXECUTIVE SESSION (As needed and determined by City Attorney) Executive Session as per RCW 42.30.110(i) - discuss with legal council potential litigation. N. ADJOURNMENT G:\CNCLPKT\AGENDA\Nov. VO4 age.wpd PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements pertaining to matters such as, land use permit applications, proposed amendments to City land use regulations, zoning changes, annexations. In addition, the City Council may set a public hearing in order to receive public input prior to making decisions which impact the citizens. Certain matters may be controversial, and the City Council may choose to seek public opinion through the public hearing process. NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK November 1, 2004 Port Angeles City Council Meeting Page - 2 I. Il. 13ORT A ELES CITY COUNCIL SPECIAL MEETING WASH I N G T O N, U. S. A. CALL TO ORDER - REGULAR MEETING: ROLL CALL: Members Present: Mayor Headrick Councilmember Braun Councilmember Erickson Councilmember Munro Councilmember Pittis Councilmember Rogers Councilmember Williams Staff Present: Manager Quinn Attorney Bloor Clerk Upton B. Collins M. Connelly G. Cutler D. McKeen T. Riepe Y. Ziomkowski III. PLEDGE OF ALLEGIANCE: Led by: November 1, 2004 M11 / Other Staff Present: PORTANGEL 1 CITY COUNCIL SPECIAL MEETING W A S H I N G T 0 N, U. S. A. Attendance Roster - DATE OF MEETING: November 1, 2004 LOCATION: City Council Chambers -3 -- ( ­) � i I � -D (I y ej r) L WASHINGTOPQRTAMULES N, U.S.A. City of Port Angeles Ordinance/Resolution Distribution List City Council Meeting of November 1, 2004 Ordinance / Resolution No City Manager City Atty. (1) Planning City Clerk (2) Deputy Clerk (1) V, Personnel Cust. Svcs. Finance Dir./Mgr. Police Dept. Fire Dept. Light Dept. Parks & Rec. MRSC (1) VZ PDN (Summary) - � Extra Copies ojum� V/ TOTAL CITY COUNCIL SPECIAL MEETING Port Angeles, Washington October 18, 2004 CALL TO ORDER - Mayor Headrick called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 4:00 p.m ROLL CALL: Members Present: Mayor Headrick, Councilmembers Braun, Pittis, and Rogers. Members Absent: Councilmembers Erickson, Munro, and Williams. Staff Present: Manager Quinn, Attorney Bloor, Clerk Upton, B. Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, and C. Kochanek. Public Present: D. Cristina, P. Lamoureux, M. Schrader, D. Waknitz, L. Jardine, T. Ahlgren, A. Gilson, C. Schramm. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Headrick. ALLEGIANCE: PUBLIC CEREMONIES, None. PRESENTATIONS AND PROCLAMATIONS: WORK SESSION: None. LATE ITEMS TO BE Tyler Ahlgren, 708 Bouchier, distributed copies of a document to the Council, PLACED ON THIS OR responding to commentaries about funding for the transportation project he proposed FUTURE AGENDAS: at an earlier date. The document addressed instances of special appropriated pet projects at the Federal level, totaling $22.9 billion for the past year. Feeling it important to recognize that all states participate in pork, Mr. Ahlgren thought this information may serve as a starting point for funding opportunities. He indicated he has worked on similar prof ects in the past, one of which was funded by the government in the amount of $230 million. He suggested the initiative process may be a means by which the politicians would understand this is a project sought by the people. Mr. Ahlgren advocated community consensus on the proposal. Mark Schrader, 5534 Mt. Pleasant Road, advised the Council he is a Senior Adult Probation Counselor; he distributed documents to the Council on the matter of a proposal from the District Court to downsize the Probation Department. Mr. Schrader read a letter to the Council explaining the ramifications of such downsizing, urging the Council to initiate a resolution to the County Commissioners stating a position on the matter. Mr. Schrader felt that the City is a major consumer of probation services and, as such, he felt it appropriate for the City to become a collaborative partner in the area of probation supervision and rehabilitation. Mayor Headrick asked that the matter be referred to the Law & Justice Committee for consideration. Paul Lamoureux, 602 Whidby, noted the special Council meeting to be scheduled for - 1 - CITY COUNCIL SPECIAL MEETING October 18, 2004 LATE ITEMS TO BE October 28'; he asked the time of the meeting and whether it will be open to the public. PLACED ON THIS OR Finance Director Ziomkowski responded that the meeting will be held at 5:00 p.m., and FUTURE AGENDAS: it will be open to the public. (Cont' d) Mr. Lamoureux expressed appreciation to the Council for its willingness to consider revisions to City Council Agenda Item C. With regard to the public hearing to be scheduled on a Wastewater rate increase, Mr. Lamoureux indicated his neighborhood plans to present a survey of average water usage and to make a recommendation at the public hearing. In conjunction with that survey, he asked that the individual Councilmembers review their records for water usage at their personal residences for this year and last year to determine average monthly usage. He felt that information would be relevant to the forthcoming recommendation. In addition, Mr. Lamoureux asked that the Council instruct staff to prepare a report as to water usage on the part of City facilities, a cost that is shared by all utility customers. He asked that the report contain information for the past three years, that it be provided to the Council prior to the public hearing, and that it be provided to Mr. Lamoureux so that it can be incorporated into the recommendation he will be presenting. FINANCE: None. CONSENT AGENDA: Councilmember Braun moved to accept the Consent Agenda, to include: 1.) City Council Minutes of October 5, 2004; 2.) Expenditure Approval List - October 9, 2004 - $615,594.013.) Electronic Payment - October 9, 2004 - $2,185,964.00; 4.) Electric Rebuild "F" Street Substation, Project No. 01-28; 5.) Set Special Council meeting date for October 28, 2004, 5:00 p.m., to discuss the 2005 Preliminary Budget; 6.) Co - Composting Facility, Project 04-06. Councilmember Rogers seconded the motion, which carried unanimously. CITY COUNCIL None. COMMITTEE REPORTS: RESOLUTIONS: Resolution Amending Council Rules of Procedure: Resolution Amending As a follow-up to the Council's discussion at its last meeting, Attorney Bloor prepared Council Rules of Procedure a Resolution amending the City Council Rules of Procedure, incorporating the Resolution No. 17-04 suggested changes relative to public comment and the placement of late items on the agenda. Following brief discussion, Councilmember Pittis moved to pass the Resolution as presented, the title of which was read by Mayor Headrick, as follows: RESOLUTION NO. 17-04 A RESOLUTION of the City Council of the City of Port Angeles, Washington, revising the Council's Rules of Procedure by changing Section 7 and 8 relating to the public comment period and the addition of late items to be placed on the agenda. Councilmember Rogers seconded the motion, which carried unanimously. ORDINANCES NOT 1. Presentation of Proposed New Animal Control Ordinance: REQUIRING PUBLIC HEARINGS: Police Chief Riepe introduced the proposed Animal Control Ordinance, noting that work on the Ordinance involved a great deal of community participation. Via news Presentation of Proposed releases, the public has been invited to provide input regarding the draft Ordinance. New Animal Control Chief Riepe introduced those present this evening who worked on the Ordinance: Dr. Ordinance Chuck Schramm and Dr. Dwight Waknitz, area Veterinarians; resident Ann Gilson; -2- CITY COUNCIL SPECIAL MEETING October 18, 2004 ORDINANCES NOT Joe Girard, Chairman of the Law Enforcement Advisory Board; and Paula Creasey, REQUIRING PUBLIC Executive Director of the Humane Society. Chief Riepe noted the City's interest in HEARINGS: intergovernmental partnerships for economies of scale and, to that end, the City (Cont'd) attempted to write an Ordinance that is harmonious with the County's regulations. Presentation of Proposed The new Ordinance addresses hunting in the City, as well as inherently dangerous New Animal Control animals. In addition, Chief Riepe indicated that Assistant City Attorney Dickson has Ordinance (Cont'd) spent a great deal of time prosecuting these cases as misdemeanors. The new Ordinance would commence action against offenders in the form of an infraction and would then work up to a misdemeanor crime. The new Ordinance would make the pet licensing process much smoother, and Chief Riepe indicated that one of the Councilmembers had suggested a lifetime license for a dog or cat, something that was incorporated into the Ordinance. Also, consideration had been given to an off -leash control area; however, it was agreed that issue should be addressed at a later date. The licensing of kennels and catteries will be moved to Business License regulations, and fees and penalties will be moved to Chapter 3.70 of the Port Angeles Municipal Code. Attorney Bloor indicated the Ordinance is in draft form in comparison to what will be presented to the Council for adoption. He felt it important to note there was a great deal of work and discussion as to the details. Councilmember Williams, who is currently out of town, had contacted Attorney Bloor with a number of questions, all of which serve as examples of those issues deserving further thought before adoption. Attorney Bloor cited the example of the definition of a leash in that it is a 6 -foot tether, which would do away with the often used retractable spring loaded leashes. Attorney Bloor offered to provide Councilmember Williams' input in written form to the Council. He noted that Assistant Attorney Dickson spent many hours reviewing the Ordinance from a legal perspective, and the Legal Department is satisfied with the Ordinance. Brief discussion ensued, and Councilmember Braun noted the Ordinance had been reviewed by the Public Health and Safety Committee; he was pleased with the resulting Ordinance, as it will add a safety factor to the community. He thanked Chief Riepe for his efforts. Dwight Waknitz, 222 W. 10' Street, urged the Council's positive consideration of the Ordinance. Sharing a story about his mother-in-law's concern with a potentially dangerous dog in her neighborhood, he felt that implementation of the Ordinance would make it easier to deal with such situations. Dr. Waknitz spoke in support of a City/County partnership in order to make animal control less expensive. Ann Gilson, 111 Olympus, and Chair of the County's Animal Issues Advisory Committee, assisted with the revisions to the Animal Control Ordinance. She felt it is timely for the City and County regulations to have congruence. Ms. Gilson noted that a great deal of effort went into the draft Ordinance, and she asked the Council to favorably consider adoption. Paula Creasey, 165 Howe Road, Executive Director of the Clallam County Humane Society, indicated the Humane Society has contracted with the County for animal control services. She indicated she would like to work with the City in the implementation of the Ordinance, and she felt it worthwhile for the City and County to adopt similar fees from a licensing perspective. Dr. Chuck Schramm, 290 E. V Street, provided a historical perspective of the efforts put into the new Ordinance, noting efforts commenced approximately five years ago. He commented on the importance of taking certain animal control issues out of the Zoning Code and appropriately placing them in the new Ordinance. Joe Girard, Chairman of the City's Law Enforcement Advisory Board, informed the -3- CITY COUNCIL SPECIAL MEETING October 18, 2004 ORDINANCES NOT Council that the Advisory Board started a review of the draft Ordinance approximately REQUIRING PUBLIC one year ago. The Board believes the Ordinance is important to the City and is HEARINGS: recommending the Council's adoption. (Cont'd) Discussion followed, and CouncilmemberRogers observed that the one-time licensing Presentation of Proposed fee for unspayed and non -neutered animals would not apply to those animals used for New Animal Control breeding purposes. She also noted that the lifetime license would only apply to those Ordinance (Cont'd) animals that have been microchipped. Councilmember Pittis asked if the City fees will be similar to the County's, and Chief Riepe responded the fees will be identical with the exception that the County has not offered a lifetime license. Mayor Headrick indicated the matter will be continued to the next Council meeting, and Chief Riepe indicated he would do another presentation for those Councilmembersunable to attend this evening's meeting. Presentation of Proposed 2. Presentation of Proposed New Motor Scooter Ordinance: New Motor Scooter Ordinance Chief Riepe, in presenting the proposed Ordinance for regulating motorized scooters, indicated the public has been invited to provide input. The Ordinance was promulgated as a joint effort between the Police Department and the City Attorney's Office. Citing one day in Police Dispatch, Chief Riepe summarized a number of calls received where motorized scooters were creating dangerous situations. He indicated the research shows that motorized scooters are an escalating phenomenon, and he read from a recent publication of the Municipal Research & Services Center, indicating an increase in the number of injuries sustained due to the scooters. Because many cities throughout Washington and other states are adopting similar Ordinances, Chief Riepe informed the Council that those Ordinances were reviewed during consideration of Ordinance language for Port Angeles. State law prohibits a requirement for licensing scooter operators, but it does allow the operation of scooters on City streets. However, the City is permitted to regulate the use of scooters. It is, therefore, recommended that operators be 16 years of age or older; that it be unlawful to operate a motorized foot scooter on any City street with a maximum speed limit above 25 miles per hour; that it be unlawful to operate motorized foot scooters on a sidewalk, path, trail, or in a park; that operators must wear a helmet while riding on a City street; that motorized foot scooters must have mufflers in good working order; and that parents who knowingly permit a child or ward to violate the Ordinance may be subject to citation. Attorney Bloor indicated that the problem with motorized foot scooters seemed to arise this past summer, as many cities were suddenly inundated with complaints. Most cities are considering the regulation of such scooters, and what is being proposed is consistent with those already in place in other cities. This topic was discussed at a recent meeting of the Municipal Attorneys Conference, and the issue of enforcement was of particular interest at that time. Port Angeles decided to include a parental responsibility clause in the Ordinance, as confiscation of the scooters would involve a lot of auxiliary issues and an administrative burden would be placed on the Police Department. ChiefRiepe indicated the Police Department would like to have a positive interaction with the public, and a stern warning accompanied by public education can go a long way in addressing the matter. Discussion ensued, and Councilmember Braun questioned the ability of homeowner's insurance to provide coverage for damage incurred. In addition, Councilmember Rogers indicated that many of the complaints she has received focus on the noise created by the scooters. Responding to Mayor Headrick, Chief Riepe indicated the operators of the scooters are obligated to obey the rules of the road. In addition, Chief Riepe noted the difficulty in forfeiting the scooters in that officers would have to place the gasoline powered scooters in the trunk of the police vehicles. Storage would also create a problem. 4 -4- CITY COUNCIL SPECIAL MEETING October 18, 2004 Presentation of Proposed Lisbeth Jardine, 401 E. 5`s Street, #102, expressed appreciation that the Council is New Motor Scooter considering the regulation of the scooters. She indicated that, over a period of time, she Ordinance (Cont'd) has contacted Councilmembers and staff on the matter of bikers wearing dark colors and not wearing helmets. She was also concerned with the number of people in a group using the foot scooters. Ms. Jardine questioned the definition of a scooter in view of the different types being used; however, Chief Riepe indicated the City's definition has been written in accordance with the RCWs. Ms. Jardine thanked Chief Riepe for responding to her concerns. Joe Girard, Chairman of the Law Enforcement Advisory Board, indicated the Board believes the motorized scooters are a rapidly developing issue with safety concerns worthy of the Council's consideration. The Board reviewed the proposed Ordinance and recommends the Council adopt the Ordinance as presented. Mayor Headrick indicated the matter will be continued to the next Council meeting. OTHER 1. Skate Park Final Design: CONSIDERATIONS: Parks Director Connelly, aided by PowerPoint slides, provided for the Council a review Skate Park Final Design of past efforts in seeing the Skate Park come to fruition. The northeast comer of Erickson Park was approved as the location, and it is anticipated that the Skate Park can open in May of 2005. The Parks Commission approved the design, which is now being forwarded to the Council for consideration. Steve Zenovic, Nor'wester Rotary, addressed the Council on the proposed design. Using PowerPoint slides, he described the design, noting the effort to make the Skate Park an integrated part of the community facilities. The design, a work product of Hank Gibson, was described in detail by Mr. Zenovic. It is hoped that work can commence as of April 1, 2005. Mr. Zenovic indicated there is $60,000 - $70,000 available now for the project, but $120,000 has been committed. Brief discussion ensued. Councilmember Rogers moved to approve the final design as presented. Councilmember Pittis seconded the motion, which carried unanimously. Director Connelly thanked all those involved in making this project a success. Responding to an inquiry from Councilmember Rogers, he indicated the desire to have the Skate Park serve as a family experience. A concessiontype of operation will be implemented to support the skaters, but also to have a presence while the park is open. Surplus Park Property 2. Surplus Park Property: Resolution No. 18-04 Aided by PowerPoint slides, Director Connelly summarized a review conducted by Council and staff of the Capital Facilities Plan, wherein it became evident that, throughout the Parks system, there are issues related to infrastructure needing repair, attention, and addition. It was realized that resources are limited to accomplish those improvements. Director Connelly indicated it has been quite some time since the entire Parks system has been reviewed to determine if it is meeting community needs. Following extensive review, it was concluded that there are only two parks at this time that fit the criteria and rationale for considering any properties for surplus: Georgiana Park and 7' & "D" Park. Director Connelly noted that a good example of a project in the CFP that needs resource funding is Shane Park, which is heavily utilized for children's activities, as well as tournaments. If these two parks can be sutplused, then Director Connelly felt the majority of funding gained would enable the Shane Park facility to sustain those activities into the foreseeable future. He indicated that each neighborhood park has a service area that applies to the notion it should be within walking distance or within one-third of a mile. He noted there are presently nine neighborhood parks, plus larger community parks. Some of those community parks '4� u -5- CITY COUNCIL SPECIAL MEETING October 18, 2004 Surplus Park Property provide the neighborhood level of service. He indicated that the research included a (Cont'd) review of Parks inventory, as well as an analysis of maintenance costs and any constraints in terms of deed restrictions on the properties. Director Connelly noted that some property may have been donated for an express purpose, or there may be some perceptive constraints if a particular park property was named after an individual, thus making it difficult to consider the property for surplus. All of these issues factored into the consideration. Director Connelly discussed size and the need to make sure activities don't conflict with one another. This issue was reviewed by both the Parks & Recreation Commission, as well as the Real Estate Committee. Director Connelly showed a map depicting existing levels of service and the fact there are some possibilities for other parks in the west end. He felt that, if these two parks were taken out of service, there would virtually be no change, but the need for capital resources would be realized. Waste Water Rate Changes Resolution No. 19-04 PUBLIC HEARINGS - QUASI-JUDICIAL: PUBLIC HEARINGS - OTHER: Discussion followed, and Director Connelly responded to CouncilmemberPittis in that Lincoln Park, Erickson Park, and Shane Park serve a larger geographical area and are considered neighborhood parks. Councihnember Rogers felt this would be a positive effort by serving the community from an enhanced position. Citing the additions of Francis Street Park and the extended Waterfront Trail, she felt this matter should be addressed positively with an assurance that parks are balanced throughout the City. Councilmember Rogers did not see a review by the Parks Commission, and Director Connelly indicated they reviewed it but did not forward a recommendation. Mayor Headrick read the Resolution by title, entitled RESOLUTION NO. 18-04 A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a hearing on November 1, 2004, to consider declaring surplus certain Parks & Recreation Department properties. Councilmember Braun moved to pass the Resolution as read by title. The motion was seconded by Councilmember Pittis and carried unanimously. Councilmember Pittis expressed interest in having a review conducted by the Parks Board members, with input to follow. 3. Waste Water Rate Changes - Set Public Hearing, November 16 Set Rate: Councilmember Pittis moved to pass the Resolution, the title of which is set forth below, setting a public hearing for November 1, 2004, to receive comments on the proposed rate increase for the Wastewater Utility. Councilmember Rogers seconded the motion. RESOLUTION NO. 19-04 A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a hearing on November 1, 2004, to consider the financial aspects of the Combined Sewer Overflow (CSO) Reduction Plan. A vote was taken on the motion, which carried unanimously. None. None. 6 -6- CITY COUNCIL SPECIAL MEETING October 18, 2004 INFORMATION: Manager Quinn referenced the memorandum on the Roof Drain Disconnection Ordinance, noting that a report is being prepared by Brown & Caldwell. Preliminary conclusions are such that future programs may not be cost effective. He mentioned the CSO status report, as well as the report from the Humane Society. Brief discussion was conducted on the report from Public Works & Utilities as relates to the Landfill tonnage. EXECUTIVE SESSION: Mayor Headrick announced the need for an Executive Session for 45 minutes for one item subject to RCW 42.30.110(g): To review the performance of a public employee. The Executive Session convened at 5:35 p.m. in the City Council Caucus Room. RETURN TO OPEN The Executive Session concluded at 6:20 p.m., and the Council reconvened in regular SESSION: open session. ADJOURNMENT: The meeting was adjourned at 6:20 p.m. Richard A. Headrick, Mayor Becky J. Upton, City Clerk 7 -7- DI { Date: 10/27/04 City of Port Angeles City Council Expenditure Report .: From: 90/9/04 To: 90/22104 Vendor Description Account Number Invoice Amount DEPT OF LABOR & INDUSTRIES DIANNE N KARR 06-07-04 001-0000-213.10-90 503.00 MEDICARE PART B REFUNDS - WA GEORGE R WINTERS 05-30-04 001-0000-213.10-90 250.11 PREMERA BLUE CROSS REFUNDS JACK L SHIELDS 05-26-04 001-0000-213.10-90 359.94 REGENCE BLUE SHIELD GEORGE WINTERS 05-30-04 001-0000-213.10-90 62.53 CARLSON &ASSOCIATES, LAURIE LAWN MAINTENANCE EQUIP 001-0000-237.00-00 -32.33 LAWN MAINTENANCE EQUIP 001-0000-237.00-00 -15.27 LAWN MAINTENANCE EQUIP 001-0000-237.00-00 -19.16 CLALLAM CNTY TREASURER CVCA remittance 001-0000-229.40-00 304.45 FIRST LINE LLC HOSP SURG ACCES & SUNDRIS 001-0000-237.00-00 -18.26 JPMORGANCHASE Lighting supplies 001-0000-237.00-00 -21.23 Calendar refill 001-0000-237.00-00 -1.93 i Personal warmers 001-0000-237.00-00 -40.18 Helmets 001-0000-237.00-00 -17.34 MEDCO SUPPLY COMPANY FIRST AID & SAFETY EQUIP. 001-0000-237.00-00 -9.50 Nancy Rudolph DEP RFD MTG RM 001-0000-239.10-00 50.00 Peninsula Mental Health Center DEP RFD CH 9104 001-0000-239.10-00 50.00 THOR TOWN HOSTEL 00-00000 LICENSE REFUND 001-0000-213.10-91 25.00 WA STATE PATROL - WASIS Criminal history -C White 001-0000-229.50-00 24.00 Alien firearms license 001-0000-229.50-00 49.00 Criminal history -Edwards 001-0000-229.50-00 24.00 Criminal history -Bryant 001-0000-229.50-00 24.00 Crim history -Christiansen 001-0000-229.50-00 24.00 WASHINGTON (DOL), STATE OF Alien firearms fee 001-0000-229.60-00 15.00 WASHINGTON STATE TREASURER Revenue remittance Cl Co 001-0000-229.10-00 189.00 Revenue remittance Cl Co 001-0000-229.30-00 13,125.34 Division Total. $14,904.17 Department Total: $14,904.17 JPMORGANCHASE Meeting registration 001-1160-511.43-10 30.00 Meeting registration 001-1160-511.43-10 30.00 Airfare,Conf registration 001-1160-511.43-10 853.00 PENINSULA AWARDS & TROPHIES COUNCIL NAME PLATES 001-1160-511.31-01 10.41 PENINSULA DAILY NEWS CC H2O TNX AD 001-1160-511.44-10 195.00 PORT ANGELES CITY TREASURER Parking -Rogers 001-1160-511.43-10 6.00 Legislative Mayor & Council Division Total: $1,124.41 Legislative Department Total: $1,124.41 ALBERTSONS INC KITCHEN SUPPLIES 001-1210-513.31-01 13.50 JPMORGANCHASE Business lunch 001-1210-513.43-10 35.86 OLYMPIC STATIONERS INC BANKERS BOXES 001-1210-513.31-01 8.64 RECEIPT BOOK 001-1210-513.31-01 9.36 PAPER 001-1210-513.31-01 43.86 PACIFIC OFFICE EQUIPMENT INC PRINTER TONER (2) 001-1210-513.31-01 249.09 City Manager Department City Manager Office Division Total: $360.31 9 Pagel ' City of Port Angeles Date: 10/27/04 City Council Expenditure Report t From: 10/9/04 To: 10122104 Vendor Description Account Number Invoice Amount AMSAN OLYMPIC SUPPLY OPS EXPENSES 001-1211-513.31-01 28.07 HANSEN'STROPHY OPS AWARD ENGRAVING 001-1211-513.31-01 20.20 SWAIN'S GENERAL STORE INC OPS gift certificate 001-1211-513.31-01 25.00 City Manager Department Customer Commitment Division Total: $73.27 PENINSULA DAILY NEWS Ordinance summary 3168 001-1230-514.44-10 17.55 City Manager Department City Clerk Division Total. $17.55 City Manager Department Department Total. $451.13 UNITED WAY OF CLALLAM COUNTY 2004 HUMAN SVCS 001-1390-519.49-71 31,250.00 WHEN UNITED TOGETHER FINAL PAY'T 001-1390-519.49-72 750.00 City Manager Dept Community Service Division Total. $32,000.00 City Manager Dept Department Total. $32,000.00 GOVT FINANCE OFFICERS ASSN GAAFR REVIEW SUBSCRIPTION 001-2010-514.49-01 50.00 HARBOR CAFE BUDGET MEETING LUNCH 001-2010-514.31-01 47.15 JPMORGANCHASE Trackball Optical mouse -5 001-2010-514.31-01 108.22 Linda Kheriaty AIR-KHERIAYT WEST HUG 001-2010-514.43-10 377.47 OLYMPIC STATIONERS INC BUSINESS CARD STOCK 001-2010-514.31-01 10.08 PORT ANGELES CITY TREASURER Business meals 001-2010-514.31-01 25.70 SUNGARD HTE INC OPS NAVIGATOR CLASS 001-2010-514.43-10 70.00 WEST HUG EDUCATION CONFERENCE 21 KHERIATY WESTERN HUG 001-2010-514.43-10 50.00 Finance Department Finance Administration Division Total. $738.62 JPMORGANCHASE Labels 001-2023-514.31-01 120.53 Recruitment ad 001-2023-514.44-10 150.00 MICROFLEX INC TAX AUDIT PROGRAM 001-2023-514.41-50 54.78 OLYMPIC STATIONERS INC POST ITS FLAGS 001-2023-514.31-01 28.81 LABELS 001-2023-514.31-01 20.21 PANEL CLIPS AND PENS 001-2023-514.31-01 67.40 SUNGARD HTE INC HTE WEB CLASSES 001-2023-514.43-10 350.00 UNITED PARCEL SERVICE August shipping chgs 001-2023-514.42-10 1.40 Sept Shipping chgs 001-2023-514.42-10 35.52 Finance Department Accounting Division Total. $828.65 AT&T WIRELESS 10-05 a/c 49548233 001-2025-514.42-10 37.25 OLYMPIC STATIONERS INC RUBBER BANDS 001-2025-514.31-01 3.00 EXPANDING FILES 001-2025-514.31-01 60.19 COPY PAPER 001-2025-514.31-01 43.86 STAPLER 001-2025-514.31-01 27.01 Corr inv 58249 001-2025-514.31-01 4.12 PACIFIC OFFICE EQUIPMENT INC TYPEWRITER RIBBON 001-2025-514.31-01 6.23 TONER CARTRIDGE 001-2025-514.31-01 107.21 PORT ANGELES CITY TREASURER Front counter stools 001-2025-514.31-01 46.13 RADIX CORPORATION NOVEMBER MAINTENANCE 001-2025-514.48-10 183.59 VERIZON WIRELESS 10-09 a/c 47024274400001 001-2025-514.42-10 35.11 Finance Department Customer Service Division Total: $553.70 10 Page 2 a Date: 10/27/04 City of Port Angeles City Council Expenditure Report From: 10/9/04 To: 10/22104 Vendor AMSAN OLYMPIC SUPPLY DIVERSIFIED RESOURCE CENTER OLYMPIC STATIONERS INC PACIFIC OFFICE EQUIPMENT INC POSTMASTER UNITED PARCEL SERVICE Finance Department GOEAT AMERICAN LEASING CORP JPMORGANCHASE OLYMPIC STATIONERS INC PORT ANGELES CITY TREASURER UNITED PARCEL SERVICE WASHINGTON STATE BAR ASSN WEST GROUP Attorney OLYMPIC MEDICAL CENTER Attorney GREAT AMERICAN LEASING CORP MULLINS, MARK D OLYMPIC STATIONERS INC WEST GROUP Attorney JPMORGANCHASE OLYMPIC PRINTERS INC PENINSULA DAILY NEWS Community Developmt Dept AT&T WIRELESS GREAT AMERICAN LEASING CORP OLYMPIC STATIONERS INC Description 11 X 17 COPY PAPER SEPT COPY RM SERVICES COPY PAPER COPY PAPER COPIER MAINTENANCE REPLENISH POSTAGE DUE August shipping chgs Sept Shipping chgs Reprographics Finance Department OCT COPIER LEASE Meeting registration PAPER Business meals Sept Shipping chgs Bar Assn dues-Bloor WA Court Rules WA Practice V51D Information chgs-Sept Attorney Office Inmate care -J Dowell Jail Contributions OCT COPIER LEASE Prof svcs-September PAPER Information chgs-Sept Prosecution Attorney Travel exp,business lunch Business cards -Collins TUG enterprises app Notice -Amend Municpl Code PA municipal code amndmt Notice -City of PA Notice -S Kedish applicant Notice-Defrang applicant Public hearing Planning 10-14 a/c 49079080 OCT COPIER LEASE Office supplies Calculator,envelopes Page 3 Account Number 001-2080-514.31-01 001-2080-514.41-50 001-2080-514.31-01 001-2080-514.31-01 001-2080-514.45-30 001-2080-514.42-10 001-2080-514.42-10 001-2080-514.42-10 Division Total: Department Total: 001-3010-515.45-30 001-3010-515.43-10 001-3010-515.31-01 001-3010-515.31-01 001-3010-515.49-90 001-3010-515.49-01 001-3010-515.31-01 001-3010-515.31-01 001-3010-515.31-01 Division Total. 001-3012-597.50-99 Division Total: 001-3021-515.45-30 001-3021-515.41-50 001-3021-515.31-01 001-3021-515.31-01 Division Total. Department Total: 001-4010-558.43-10 001-4010-558.31-01 001-4010-558.44-10 001-4010-558.44-10 001-4010-558.44-10 001-4010-558.44-10 001-4010-558.44-10 001-4010-558.44-10 001-4010-558.44-10 Division Total: 001-4020-524.42-10 001-4020-524.45-30 001-4020-524.31-01 001-4020-524.31-01 Invoice Amount 350.64 814.00 438.62 175.46 477.16 250.00 50.00 50.00 $2,605.88 $4,726.85 83.35 30.00 43.86 10.00 3.53 58.00 58.49 94.49 171.28 $553.00 215.95 $215.95 194.50 234.91 43.86 171.27 $644.54 $1,413.49 431.21 35.63 54.90 106.20 93.60 90.00 58.00 54.00 152.76 $1,076.30 8.19 173.02 32.30 22.95 City of Port Angeles Date: 10/27/04 City Council Expenditure Report r From: 1019104 To: 10/22104 Vendor PORT ANGELES CITY TREASURER Community Developmt Dept Description ICC Chapter dinners Local ICC dues -Collins Building Community Developmt Dept AT&T WIRELESS 10-14 a/c 49655020 JPMORGANCHASE Subscription PORT ANGELES POLICE DEPARTMENT Supplies Police Department CHOICEPOINT BUS & GOVT SVCS JPMORGANCHASE ERIC KOVATCH OLYMPIC PRINTERS INC PORTANGELES POLICE DEPARTMENT Police Department BLUMENTHAL UNIFORMS & EQUIP JPMORGANCHASE METROCALL MIDDLETON AUTO AND TRUCK INC PORT ANGELES POLICE DEPARTMENT RICHMOND 2 -WAY RADIO SAFEWAY INC SWAIN'S GENERAL STORE INC UNITED PARCEL SERVICE WASHINGTON FIRE & SAFETY EQUIP Police Department Administration Sept Service fee Training course Reimbrs clothing allownc Letterhead Supplies Investigation Credit vest Reflector vests Holster,holster lock Helmets 10/1 ac 298-A25874 Car washing supplies Supplies Postage Batteries for XTS 3000 Film Pants Pants Sept Shipping chgs Service extinguishers Patrol Account Number 001-4020-524.43-10 001-4020-524.49-01 Division Total. Department Total: 001-5010-521.42-10 001-5010-521.31-01 001-5010-521.31-01 Division Total., 001-5021-521.42-10 001-5021-521.43-10 001-5021-521.20-80 001-5021-521.31-01 001-5021-521.31-01 Division Total. 001-5022-521.31-11 001-5022-521.31-11 001-5022-521.31-11 001-5022-521.31-11 001-5022-521.42-10 001-5022-521.31-01 001-5022-521.31-01 001-5022-521.42-10 001-5022-521.31-14 001-5022-521.49-90 001-5022-521.20-80 001-5022-521.20-80 001-5022-521.42-10 001-5022-521.48-10 Division Total: Invoice Amount 24.00 25.00 $285.46 $1,361.76 16.38 19.95 28.12 $64.45 25.00 525.00 155.98 272.21 11.94 $990.13 -56.52 786.08 109.34 226.31 57.20 58.66 33.06 50.40 249.09 8.99 10.83 21.66 5.57 32.49 $1,593.16 OLYMPIC STATIONERS INC Planner 001-5026-521.31-01 19.00 Office supplies 001-5026-521.31-01 60.14 PORT ANGELES POLICE DEPARTMENT Supplies 001-5026-521.31-01 16.96 SWAIN'S GENERAL STORE INC Keys 001-5026-521.31-01 3.90 Police Department Reserves & Volunteers Division Total. $100.00 OLYMPIC STATIONERS INC PAPER 001-5029-521.31-01 175.45 COPY PAPER 001-5029-521.31-01 175.44 PACIFIC OFFICE EQUIPMENT INC Toner 001-5029-521.31-01 124.54 Toner 001-5029-521.31-01 -124.55 Toner 001-5029-521.31-01 185.02 Credit printer ink 001-5029-521.31-01 -72.12 PORT ANGELES POLICE DEPARTMENT Supplies 001-5029-521.31-01 4.67 PUGET SOUND POLYGRAPH EXAMINERS Pre-employment screening 001-5029-521.41-50 400.00 Police Department Reeds Division Total: $868.45 Page 4 Date: 10/27/04 City of Port Angeles City Council Expenditure Report From: 10/9/04 To: 10122104 Vendor Description Account Number Invoice Amount Police Department Department Total. $3,616.19 COPY CAT GRAPHICS DIGITAL PRINT DECALS 001-6010-522.31-01 21.66 COSTCO CREDIT CARD PMTS Office Supplies 001-6010-522.31-01 111.91 GREAT AMERICAN LEASING CORP OCT COPIER LEASE 001-6010-522.45-30 212.83 JPMORGANCHASE Office supplies 001-6010-522.31-01 123.25 purch repaid by employee 001-6010-522.31-01 24.60 OLYMPIC STATIONERS INC ENGINEERING EQUIPMENT 001-6010-522.31-01 6.66 OFFICE SUPPLY, INKS,LEADS 001-6010-522.31-01 2.90 PUBLICATION/AUDIOVISUAL 001-6010-522.31-01 3.79 OFFICE SUPPLIES, GENERAL 001-6010-522.31-01 14.15 PACIFIC OFFICE EQUIPMENT INC COMPUTERS,DP & WORD PROC. 001-6010-522.31-01 124.55 UNITED PARCEL SERVICE Sept Shipping chgs 001-6010-522.31-01 10.90 Sept Shipping chgs 001-6010-522.42-10 34.05 Fire Department Administration Division Total: $691.25 J B'S UPHOLSTERY REPAIR PANT SEAM 001-6020-522.31-11 28.43 MIDDLETON AUTO AND TRUCK INC AUTO & TRUCK MAINT. ITEMS 001-6020-522.31-01 6.91 OLYMPIC PRINTERS INC BUSINESS CARDS 001-6020-522.31-01 35.63 PUGET SAFETY EQUIPMENT INC SENSOR & GAS FOR TMX412 001-6020-522.31-12 568.58 SENSOR, GAS TMX -412 001-6020-522.31-12 568.58 SENSOR & GAS FOR TMX412 001-6020-522.31-12 -568.58 SENSOR, GAS TMX -412 001-6020-522.31-12 -568.58 SWAIN'S GENERAL STORE INC HOSPITAL &SURG EQUIP SUPP 001-6020-522.31-01 43.04 SALE SURPLUS/OBSOLETE 001-6020-522.31-12 21.02 LAWN MAINTENANCE EQUIP 001-6020-522.31-12 49.75 Fire Department Fire Supression Division Total: $184.78 CLINICARE OF PORT ANGELES INC DRUG SCREEN 001-6021-522.41-50 300.00 Fire Department Fire Volunteers Division Total: $300.00 CORDERY, SHARON CPR CLASS 10/5/04 001-6025-526.31-08 35.00 FIRST LINE LLC HOSP SURG ACCES & SUNDRIS 001-6025-526.31-13 238.26 GE MEDICAL SYSTEMS ENGINGEERING SERVICES 001-6025-526.41-50 54.15 HANSEN, MIKE CPR CLASS 10/5/04 001-6025-526.31-08 50.00 MOORE MEDICAL CORPORATION CARDIZEM 001-6025-526.31-13 178.75 MOROZ, JAMES FIRST AID/CPR CLASS 10/1/ 001-6025-526.31-08 200.00 OLYMPIC MEDICAL CENTER SALE SURPLUS/OBSOLETE 001-6025-526.31-13 51.72 PEN PRINT INC INCIDENT REPORT FORMS 001-6025-526.31-01 536.09 PENINSULA DAILY NEWS Ordinance summary #3169 001-6025-526.44-10 19.80 AD FF/PM RECRUITMENT 001-6025-526.44-10 88.61 SUNSET DO -IT BEST HARDWARE HOSP SURG ACCES & SUNDRIS 001-6025-526.31-01 13.42 SALE SURPLUS/OBSOLETE 001-6025-526.31-01 64.68 SWAIN'S GENERAL STORE INC CLOTHING ACCESSORIES(SEE 001-6025-526.20-80 14.88 HARDWARE,AND ALLIED ITEMS 001-6025-526.20-80 14.05 BAGS, BAGGING,TIES,EROSION 001-6025-526.31-01 11.27 13 Page 5 ' City of Port Angeles Date: 10/27/04 City Council Expenditure Report From: 1019104 To: 10122104 Vendor Description Account Number Invoice Amount SWAIN'S GENERAL STORE INC... PHOTOGRAPHIC EQUIPMENT 001-6025-526.31-01 32.46 Fire Department Medic I Division Total: $1,603.14 OLYMPIC PRINTERS INC BUSINESS CARDS 001-6030-522.31-01 35.63 Fire Department Fire Prevention Division Total. $35.63 COSTCO CREDIT CARD PMTS Office Supplies 001-6040-522.31-01 27.06 JPMORGANCHASE Travel expenses 001-6040-522.43-10 374.10 SWAIN'S GENERAL STORE INC LAWN MAINTENANCE EQUIP 001-6040-522.31-01 19.40 LUGGAGE,BRIEF CASES,PURSE 001-6040-522.31-01 23.68 Fire Department Fire Training Division Total. $444.24 AMSAN OLYMPIC SUPPLY STATION CLEANING SUPPLIES 001-6050-522.31-20 55.72 C4STC0 CREDIT CARD PMTS Cleaning supplies 001-6050-522.31-01 176.03 JPMORGANCHASE Lighting supplies 001-6050-522.31-01 276.97 SWAIN'S GENERAL STORE INC JANITORIAL SUPPLIES 001-6050-522.31-01 7.08 LAWN MAINTENANCE EQUIP 001-6050-522.48-10 16.76 THURMAN SUPPLY Apparatus drop cords 001-6050-522.48-10 158.79 Fire Department Facilities Maintenance Division Total. $691.35 Fire Department Department Total: $3,950.39 APWA 2004 FALL CONFERENCE REGISTRATION FEE 001-7010-532.43-10 325.00 GOLDEN GATE ICMA WELCOME DINNER 001-7010-532.43-10 780.00 GREAT AMERICAN LEASING CORP OCT COPIER LEASE 001-7010-532.45-30 64.96 HANSEN'S TROPHY ENGRAVING 001-7010-532.31-01 35.74 JPMORGANCHASE Specs 001-7010-532.31-01 27.00 KUKER-RANKIN INC Stake tacks 001-7010-532.35-01 500.74 MICHAELS DIVINE DINING WORKING LUNCH 001-7010-532.43-10 102.40 Glenn A. Cutler LUNCH WITH INDONESIANS 001-7010-532.43-10 150.74 WORKING LUNCH 001-7010-532.43-10 83.13 Linda Gunderson INDONESIAN'S ARRIVAL 001-7010-532.31-01 62.37 OLYMPIC STATIONERS INC PAPER 001-7010-532.31-01 43.86 Sharpies,notepads 001-7010-532.31-01 23.08 BOOKENDS 001-7010-532.31-01 4.12 Scissors,notes 001-7010-532.31-01 21.06 PACIFIC OFFICE EQUIPMENT INC Toner 001-7010-532.31-01 92.60 Books,Excel,Word 2000 001-7010-532.31-01 136.13 PEN PRINT INC INSPECTION REPORTS 001-7010-532.31-01 157.04 PORT ANGELES CITY TREASURER Business refreshments 001-7010-532.31-01 28.20 QWEST 10/02 ac 3604520140945B 001-7010-532.42-10 40.71 SWAIN'S GENERAL STORE INC BATTERIES 001-7010-532.31-01 14.88 UTILITIES UNDERGROUND LOC CTR Underground locates -Sept 001-7010-532.41-50 42.36 VERIZON WIRELESS 10-06 a/c 26470706000001 001-7010-532.42-10 25.10 Public Works -Gen Fnd Administration Division Total: $2,761.22 Public Works -Gen Fnd Department Total. $2,761.22 AT&T WIRELESS (DIGITAL) 09/24 ac 0048944061 001-8010-574.42-10 12.14 14 Page 6 City of Port Angeles Date: 10/27/04 City Council Expenditure Report From: 1019/04 To: 10122104 Vendor Description Account Number Invoice Amount CAPTAIN TS Jacket,embroidery 6/26/03 001-8010-574.31-01 56.26 Embroidery,canvas 001-8010-574.31-01 77.98 JPMORGANCHASE Office supplies 001-8010-574.31-01 200.34 Calendar refill 001-8010-574.31-01 25.17 PORTANGELES CITYTREASURER Scissors,crafts-MB 001-8010-574.31-01 24.10 Parks & Recreation Administration Division Total. $395.99 PACIFIC OFFICE EQUIPMENT INC Printer cartridge 001-8011-574.31-01 48.69 Parks & Recreation Recreation Division Total. $48.69 GREAT AMERICAN LEASING CORP OCT COPIER LEASE 001-8012-555.45-30 171.40 QWEST 10/02 ac 36041719424136 001-8012-555.42-10 40.00 10-05 a/c 3604524285819B 001-8012-555.42-10 39.35 PNarks & Recreation Senior Center Division Total. $250.75 CL CNTY DEPT OF HEALTH Hepatitis B Series 001-8020-576.31-07 141.00 IALLAM NORTHWEST SWIM SHOP CLOTHING & APPAREL 001-8020-576.34-01 3,599.38 CLOTHING & APPAREL 001-8020-576.34-01 74.77 PACIFIC OFFICE EQUIPMENT INC COMPUTERS,DP & WORD PROC. 001-8020-576.31-01 74.73 OFFICE SUPPLIES,PAPER/RIB 001-8020-576.31-01 27.07 PENINSULA DAILY NEWS Advertisement -Lifeguard 001-8020-576.42-10 137.55 PORT ANGELES CITY TREASURER Refund lessons 001-8020-347.30-13 22.50 QWEST 10-14 a/c 3604579958503B 001-8020-576.42-10 56.80 Parks & Recreation William Shore Pool Division Total. $4,133.80 ANGELES MILLWORK & LUMBER CO BUILDER'S SUPPLIES 001-8050-536.31-20 17.24 FASTENERS, FASTENING DEVS 001-8050-536.31-20 15.70 HAND TOOLS ,POW&NON POWEF001-8050-536.31-20 1.08 HARDWARE,AND ALLIED ITEMS 001-8050-536.31-20 5.24 ROOFING MATERIALS 001-8050-536.31-20 165.60 HARDWARE,AND ALLIED ITEMS 001-8050-536.31-20 19.48 DEX MEDIA WEST ADVERTISING -OCTOBER 001-8050-536.44-10 71.10 MATTHEWS INTERNATIONAL CEMETERY MARKERS 001-8050-536.34-01 55.55 PENINSULA DAILY NEWS COMMUNICATIONS/MEDIA SERV 001-8050-536.44-10 127.30 SEQUIM GAZETTE, THE COMMUNICATIONS/MEDIA SERV 001-8050-536.44-10 55.00 SUNSET DO -IT BEST HARDWARE RENTAULEASE EQUIPMENT 001-8050-536.31-01 11.37 RENTAULEASE EQUIPMENT 001-8050-536.31-01 11.37 RENTAULEASE EQUIPMENT 001-8050-536.31-01 11.37 WELDING EQUIPMENT/SUPPLY 001-8050-536.31-01 53.16 RENTAULEASE EQUIPMENT 001-8050-536.31-01 17.06 HAND TOOLS ,POW&NON POWEF001-8050-536.31-20 48.64 SWAIN'S GENERAL STORE INC HARDWARE,AND ALLIED ITEMS 001-8050-536.31-20 11.90 HARDWARE,AND ALLIED ITEMS 001-8050-536.31-20 10.48 THURMAN SUPPLY AGRICULTURAL EQUIP&IMPLEM 001-8050-536.31-20 50.09 HARDWARE,AND ALLIED ITEMS 001-8050-536.31-20 3.57 PIPE FITTINGS 001-8050-536.31-20 60.77 15 Page 7 City of Port Angeles Date: 10/27/04 City Council Expenditure Report From: 1019104 To: 10/22104 Vendor Description Account Number Invoice Amount THURMAN SUPPLY... PLUMBING EQUIP FIXT,SUPP 001-8050-536.31-20 7.20 UNITED PARCEL SERVICE Sept Shipping chgs 001-8050-536.42-10 5.96 XEROX CORPORATION RENTAULEASE EQUIPMENT 001-8050-536.45-30 58.17 RENTAULEASE EQUIPMENT 001-8050-536.45-30 87.45 Parks & Recreation Ocean View Cemetery Division Total: $981.85 AMSAN OLYMPIC SUPPLY WATER&SEWER TREATING CHEN001-8080-576.31-20 180.20 WATER&SEWER TREATING CHEM0101-8080-576.31-20 180.20 ANGELES MILLWORK & LUMBER CO HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 14.26 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 3.90 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 83.65 PIPE AND TUBING 001-8080-576.31-20 39.37 BUILDER'S SUPPLIES 001-8080-576.31-20 8.62 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 3.90 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 6.32 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 8.38 BUILDER'S SUPPLIES 001-8080-576.31-20 15.10 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 3.25 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 31.95 PAINTS,COATINGS,WALLPAPER 001-8080-576.31-20 23.78 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 18.51 FASTENERS, FASTENING DEVS 001-8080-576.31-20 18.83 LUMBER& RELATED PRODUCTS 001-8080-576.31-20 55.50 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 7.13 FASTENERS, FASTENING DEVS 001-8080-576.31-20 4.18 FASTENERS, FASTENING DEVS 001-8080-576.31-20 4.18 FASTENERS, FASTENING DEVS 001-8080-576.31-20 17.87 LUMBER& RELATED PRODUCTS 001-8080-576.31-20 199.61 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 189.95 FASTENERS, FASTENING DEVS 001-8080-576.31-20 12.54 AT&T WIRELESS COMMUNICATIONS/MEDIA SERV 001-8080-576.43-10 18.05 COMMUNICATIONS/MEDIA SERV 001-8080-576.43-10 35.67 BEST ACCESS SYSTEMS HARDWARE,AND ALLIED ITEMS 001-8080-594.63-10 61.64 BILL'S PLUMBING & HEATING INC RENTAULEASE EQUIPMENT 001-8080-576.45-30 125.00 BLAKE SAND & GRAVEL INC ROAD/HWY MAT NONASPHALTIC 001-8080-576.31-20 45.49 NURSERY STOCK & SUPPLIES 001-8080-576.31-40 44.40 NURSERY STOCK & SUPPLIES 001-8080-576.31-40 44.40 NURSERY STOCK & SUPPLIES 001-8080-576.31-40 44.40 NURSERY STOCK & SUPPLIES 001-8080-576.31-40 44.40 BLUE MOUNTAIN TREE SERVICE INC PW CONSTRUCTION & RELATED 001-8080-576.49-90 54.15 PW CONSTRUCTION & RELATED 001-8080-576.49-90 1,407.90 CARLSON & ASSOCIATES, LAURIE LAWN MAINTENANCE EQUIP 001-8080-576.31-20 421.83 LAWN MAINTENANCE EQUIP 001-8080-576.31-20 199.27 16 Page 8 ' City of Port Angeles Date: 10/27/04 City Council Expenditure Report ` r t From: 10/9/04 To: 10/22/04 Vendor Description Account Number Invoice Amount CARLSON &ASSOCIATES, LAURIE... LAWN MAINTENANCE EQUIP 001-8080-576.31-20 250.06 CROWN AQUATICS INC PUMPS & ACCESSORIES 001-8080-576.31-20 365.51 PARK,PLAYGROUND,REC EQUIP 001-8080-576.31-20 84.47 FEDERAL FIRESAFETY INC SECURITY,FIRE,SAFETY SERV 001-8080-576.49-90 92.06 GRAINGER PLUMBING EQUIP FIXT,SUPP 001-8080-576.31-20 167.39 GRATING PACIFIC PLASTICS 001-8080-576.31-20 2,205.38 HARTNAGEL BUILDING SUPPLY INC CLOTHING & APPAREL 001-8080-576.31-20 10.70 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 26.70 ROOFING MATERIALS 001-8080-576.31-20 233.92 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 5.19 ROOFING MATERIALS 001-8080-576.31-20 116.96 PLUMBING EQUIP FIXT,SUPP 001-8080-576.31-20 5.84 HORIZON PIPE FITTINGS 001-8080-576.3140 395.73 LINCOLN EQUIPMENT INC PUMPS & ACCESSORIES 001-8080-576.31-20 642.42 LINCOLN INDUSTRIAL CORP HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 10.01 LAWN MAINTENANCE EQUIP 001-8080-576.48-10 87.99 MATHEWS GLASS CO INC BUILDING MAINT&REPAIR SER 001-8080-576.48-10 510.94 METROCALL COMMUNICATIONS/MEDIA SERV 001-8080-576.42-10 52.49 Port Angeles Symphony DEP RFD VB 10/04 001-8080-347.30-18 150.00 OLYMPIC STATIONERS INC SALE SURPLUS/OBSOLETE 001-8080-576.31-01 175.45 OFFICE SUPPLIES, GENERAL 001-8080-576.31-01 19.39 OTIS ELEVATOR COMPANY INC BUILDING MAINT&REPAIR SER 001-8080-576.45-30 1,808.59 PACIFIC OFFICE EQUIPMENT INC COPYING MACHINE SUPPLIES 001-8080-576.31-01 149.45 PACIFIC OFFICE FURNITURE COPYING MACHINE SUPPLIES 001-8080-576.31-01 71.75 COPYING MACHINE SUPPLIES 001-8080-576.31-01 -71.75 PARKER PAINT MFG CO INC PAINTS, COATI NGS,WALLPAP ER 001-8080-576.31-20 25.99 PAINTS, COATI NGS,WALLPAP ER 001-8080-576.31-20 118.07 PAINTS, COATI NGS,WALLPAP ER 001-8080-576.31-20 47.75 PAINTS, COATI NGS,WALLPAPER 001-8080-576.31-20 267.05 PUGET SAFETY EQUIPMENT INC FIRST AID & SAFETY EQUIP. 001-8080-576.31-20 88.59 FIRST AID & SAFETY EQUIP. 001-8080-576.31-20 -88.59 QWEST 09-20 A/C 206T813953623B 001-8080-576.42-10 53.39 SHOTWELL CORP, JONATHAN SEED,SOD,SOIL&INOCULANT 001-8080-576.3140 262.39 SUNSET DO -IT BEST HARDWARE RENTAULEASE EQUIPMENT 001-8080-576.31-01 17.06 RENTAULEASE EQUIPMENT 001-8080-576.31-01 17.06 RENTAL/LEASE EQUIPMENT 001-8080-576.31-01 17.06 RENTAULEASE EQUIPMENT 001-8080-576.31-01 11.37 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 12.66 LAWN MAINTENANCE EQUIP 001-8080-576.31-20 21.27 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 4.45 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 7.88 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 17.50 17 Page 9 City of Port Angeles Date: 10/27/04 City Council Expenditure Report t From: 1019104 To: 10122104 Vendor Description Account Number Invoice Amount SUNSET DO -IT BEST HARDWARE... HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 32.52 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 3.10 LAWN MAINTENANCE EQUIP 001-8080-576.31-20 186.10 LAWN MAINTENANCE EQUIP 001-8080-576.31-20 0.74 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 17.20 PIPE FITTINGS 001-8080-576.31-20 36.53 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 43.09 WELDING EQUIPMENT/SUPPLY 001-8080-576.35-01 13.86 SWAIN'S GENERAL STORE INC HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 22.43 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 14.87 CLOTHING & APPAREL 001-8080-576.31-20 20.66 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 2.60 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 9.69 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 3.54 PAINTS,COATINGS,WALLPAPER 001-8080-576.31-20 4.30 PAINTING EQUIPMENT & ACC 001-8080-576.31-20 5.29 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 17.80 PAINTING EQUIPMENT & ACC 001-8080-576.31-20 12.79 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 5.20 JANITORIAL SUPPLIES 001-8080-576.31-20 31.82 JANITORIAL SUPPLIES 001-8080-576.31-20 7.08 PAINTS, COATI NGS,WALLPAPE R 001-8080-576.31-40 12.90 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-40 5.78 THURMAN SUPPLY PIPE AND TUBING 001-8080-594.63-10 63.42 PLUMBING EQUIP FIXT,SUPP 001-8080-594.63-10 14.75 PIPE FITTINGS 001-8080-594.63-10 20.47 TOPPER INDUSTRIES INC HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 264.13 TRADITIONAL MAINTENANCE SVCS BUILDING MAINT&REPAIR SER 001-8080-576.48-10 445.00 WASHINGTON FIRE & SAFETY EQUIP SECURITY,FIRE,SAFETY SERV 001-8080-576.49-90 76.89 XEROX CORPORATION RENTAL/LEASE EQUIPMENT 001-8080-576.45-30 58.16 RENTAL/LEASE EQUIPMENT 001-8080-576.45-30 87.45 Parks & Recreation Park Facilities Division Total. $13,685.53 Parks & Recreation Department Total. $19,496.61 AMSAN OLYMPIC SUPPLY PIPE AND TUBING 001-8130-518.31-20 70.60 BLAKE SAND & GRAVEL INC NURSERY STOCK & SUPPLIES 001-8130-518.31-20 44.40 HARTNAGEL BUILDING SUPPLY INC HARDWARE,AND ALLIED ITEMS 001-8130-518.31-20 85.47 OLYMPIC LAUNDRY & DRY CLEANERS LAUNDRY/DRY CLEANING SERV 001-8130-518.31-20 10.02 ORKIN EXTERMINATING COMPANY INC POISONS:AGRICUL & INDUSTR 001-8130-518.45-30 57.40 QWEST COMMUNICATIONS/MEDIA SERV 001-8130-518.42-10 39.56 COMMUNICATIONS/MEDIA SERV 001-8130-518.42-10 57.40 COMMUNICATIONS/MEDIA SERV 001-8130-518.42-10 28.20 COMMUNICATIONS/MEADIA SERV 001-8130-518.42-10 39.84 18 Page 10 4 Date: 10/27/04 City of Port Angeles City Council Expenditure Report From: 10/9/04 To: 10/22/04 Vendor Description Account Number Invoice Amount TRADITIONAL MAINTENANCE SVCS BUILDING MAINT&REPAIR SER 001-8130-518.48-10 1,806.00 XEROX CORPORATION RENTAULEASE EQUIPMENT 001-8130-518.45-30 58.17 RENTAULEASE EQUIPMENT 001-8130-518.45-30 87.45 ZENOVIC &ASSOCIATES Prof Svcs -Food Bank 001-8130-518.41-50 661.50 Parks & Rec-Maintenance CustodialManitorial Svcs Division Total: $3,046.01 Parks & Rec-Maintenance Department Total. $3,046.01 General Fund Fund Total. $88,852.23 PORT ANGELES CHAMBER OF COMM 2004 MKTG CONTRACT 101-1430-557.50-83 11,501.42 2004 MKTG CONTRACT 101-1430-557.50-83 9,009.09 Convention Center Convention Center Division Total. $20,510.51 ` Convention Center Department Total. $20,510.51 Page 11 Convention Center Fund Fund Total: $20,510.51 ANPELES MILLWORK & LUMBER CO FASTENERS, FASTENING DEVS 102-7230-542.31-20 4.16 FASTENERS, FASTENING DEVS 102-7230-542.31-20 0.97 FASTENERS, FASTENING DEVS 102-7230-542.31-20 15.57 SUPPLIES 102-7230-542.31-20 6.41 ROOFING MATERIALS 102-7230-542.31-20 2.43 LUMBER& RELATED PRODUCTS 102-7230-542.31-20 51.51 HARDWARE,AND ALLIED ITEMS 102-7230-542.31-20 3.21 FIRST AID & SAFETY EQUIP. 102-7230-542.31-20 12.65 SUPPLIES 102-7230-542.31-20 11.13 BLAKE SAND & GRAVEL INC CONCRETE & METAL CULVERTS 102-7230-542.31-20 667.13 CONCRETE & METAL CULVERTS 102-7230-542.31-20 93.14 HARTNAGEL BUILDING SUPPLY INC SUPPLIES 102-7230-542.31-20 2.60 FASTENERS, FASTENING DEVS 102-7230-542.31-20 9.31 LAKESIDE INDUSTRIES INC ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 83.40 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 434.11 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 2,412.70 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 5,162.66 MIDDLETON AUTO AND TRUCK INC SUPPLIES 102-7230-542.31-20 10.80 MT PLEASANT COUNTRY SUPPLY FENCING 102-7230-542.31-20 31.43 FENCING 102-7230-542.31-20 5.40 FENCING 102-7230-542.31-20 111.53 FENCING 102-7230-542.31-20 60.99 FENCING 102-7230-542.31-20 13.49 NORTHWEST LININGS & ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 261.12 SHIPPING AND HANDLING 102-7230-542.31-20 93.68 PARTNER CONSTRUCTION PRODUCTS JANITORIAL SUPPLIES 102-7230-542.31-20 128.38 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 357.21 ROAD/HGWY HEAVY EQUIPMENT 102-7230-542.31-20 1,740.81 SHIPPING AND HANDLING 102-7230-542.31-20 163.20 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 1,088.87 19 Page 11 City of Port Angeles Date: 10/27/04 City Council Expenditure Report From: 10/9/04 To: 10/22/04 Vendor Description PARTNER CONSTRUCTION PRODUCTS... SHIPPING AND HANDLING PUD #1 OF CLALLAM COUNTY Woodhaven Ln UB SUNSET DO -IT BEST HARDWARE FASTENERS, FASTENING DEVS SWAIN'S GENERAL STORE INC SUPPLIES THURMAN SUPPLY PIPE FITTINGS PIPE AND TUBING TRAFFIC SAFETY SUPPLY CO SIGNS, SIGN MATERIAL SHIPPING AND HANDLING MARKERS, PLAQUES,SIGNS SIGNS, SIGN MATERIAL SHIPPING AND HANDLING SIGNS, SIGN MATERIAL VERIZON WIRELESS 10-06 a/c 26470706000002 Public Works -Street Street Public Works -Street CLALLAM CNTY ECONOMIC DEV CNCL HARBOR CAFE OLYMPIC STATIONERS INC PORT ANGELES CITY TREASURER Economic Development ANGELES MILLWORK & LUMBER CO CENTURYTEL JPMORGANCHASE OLYMPIC STATIONERS INC PACIFIC OFFICE EQUIPMENT INC PORT ANGELES POLICE DEPARTMENT QWEST QWEST INTERPRISE AMERICA INC UNITED PARCEL SERVICE Street Fund Storage facility study Black Box Cash Match PABA Seminar Sponsor AQUA MTG SANDS BANKERS BOXES PABA Breakfast -Smith Business meals -Smith Economic Development Economic Development Economic Development Computer grommet 10-06 a/c 300496579 10-06 a/c 300539444 10-06 a/c 300509854 Head set parts Head set parts Personal warmers PAPER Toner Toner Toner Toner Postage 10/02 ac 360ZO20380301 B 10-08 SO 549166 Sept Shipping chgs Account Number 102-7230-542.31-20 102-7230-542.47-10 102-7230-542.31-20 102-7230-542.31-20 102-7230-542.31-20 102-7230-542.31-20 102-7230-542.31-25 102-7230-542.31-25 102-7230-542.31-25 102-7230-542.31-25 102-7230-542.31-25 102-7230-542.31-25 102-7230-542.42-10 Division Total: Department Total. Fund Total. 103-1511-558.41-50 103-1511-558.41-50 103-1511-558.41-50 103-1511-558.43-10 103-1511-558.31-01 103-1511-558.43-10 103-1511-558.43-10 Division Total: Department Total: Fund Total: 107-5160-528.48-10 107-5160-528.42-11 107-5160-528.42-11 107-5160-528.42-11 107-5160-528.31-14 107-5160-528.35-01 107-5160-528.35-01 107-5160-528.31-01 107-5160-528.31-01 107-5160-528.31-01 107-5160-528.31-01 107-5160-528.31-01 107-5160-528.42-10 107-5160-528.42-11 107-5160-528.42-11 107-5160-528.42-10 20 Page 12 Invoice Amount 54.40 14.72 9.88 7.19 1.02 68.23 260.28 9.56 118.05 732.70 97.64 4,727.41 13.09 $19,154.17 $19,154.17 $19,154.17 1,015.75 500.00 300.00 80.70 17.29 11.19 50.48 $1,975.41 $1,975.41 $1,975.41 3.79 255.49 83.86 96.24 282.70 118.98 524.31 87.72 140.79 150.54 75.81 124.55 43.07 7,197.31 3,073.03 4.54 Vendor Pencom OLYMPIC STATIONERS INC SWAIN'S GENERAL STORE INC Recreation Activities OLYMPIC STATIONERS INC Recreation Activities ALBERTSONSINC M9DCO SUPPLY COMPANY PEI INSULA DAILY NEWS PORT ANGELES CITY TREASURER Recreation Activities GREENTREE COMMUNICATIONS CO PRECISION LADDERS LLC Capital Projects -Pub Wks WASHINGTON (DOT), STATE OF Capital Projects -Pub Wks CLALLAM CNTY TREASURER Capital Projects-Attny LINDBERG & SMITH ARCHITECTS INC Capital Proj-Parks & Rec SUNGARD HTE INC Capital Projects -Finance City of Port Angeles Date: 10/27/04 City Council Expenditure Report From: 1019104 To: 10122104 Description Account Number Pencom Division Total: Pencom Department Total. Pencom Fund PAPER COPY PAPER SOCCER BALLS Sports Programs OFFICE SUPPLIES Special Events SUPPLIES SUPPLIES FIRST AID & SAFETY EQUIP Rec express Rec express Rec express -Discount Youth rec staff After School -Whitney Bagel Co trip-Cottam Youth/Family Programs Recreation Activities Park & Recreation Fund Contract pmt 2 Firehall Roof ladder GF -Pub Wks Projects Inspection pe 8/31 GF -Street Projects Capital Projects -Pub Wks Capital Improvement Lots 3,4 & 15 BL 199 Property Management Capital Projects -Arany Property Management Fund ARCHITECT&OTHER DESIGN Lincoln Park Improvmt Capital Proj-Parks & Rec Lincoln Park Improvement All TRAINING All TRAINING Finance System Capital Projects -Finance Finance System Fund Total. 174-8221-574.31-01 174-8221-574.31-01 174-8221-574.31-01 Division Total. 174-8222-574.31-01 Division Total: 174-8224-574.31-01 174-8224-574.31-01 174-8224-574.31-01 174-8224-574.44-10 174-8224-574.44-10 174-8224-574.44-10 174-8224-574.44-10 174-8224-574.31-01 174-8224-574.31-01 Division Total. Department Total., Fund Total: 310-7919-594.65-10 310-7919-594.65-10 Division Total: 310-7930-595.65-10 Division Total: Department Total: Fund Total. 314-3920-518.49-50 Division Total: Department Total. Fund Total: 316-8982-594.31-01 Division Total. Department Total. Fund Total: 325-2911-594.64-10 325-2911-594.64-10 Division Total: Department Total: 21 Page 13 Fund Total Invoice Amount $12,262.73 $12,262.73 $12,262.73 43.86 43.86 368.22 $455.94 79.56 $79.56 15.08 10.57 123.90 114.57 114.57 -28.64 76.25 14.20 4.00 $444.50 $980.00 $980.00 5,316.70 4,910.76 $10,227.46 170.43 $170.43 $10,397.89 $10,397.89 37.63 $37.63 $37.63 $37.63 315.00 $315.00 $315.00 $315.00 6,000.00 1,875.99 $7,875.99 $7,875.99 $7,875.99 ' City of Port Angeles Date: 10/27/04 City Council Expenditure Report From: 10/9/04 To: 10122104 Vendor Description Account Number Invoice Amount CLALLAM CNTY HISTORICAL SOCIETY Prof svcs-August 327-7931-594.41-50 63,612.00 Capital Projects -Pub Wks GF -Carnegie Restoration Division Total. $63,612.00 HOLDEN, DEAN Capital Projects -Pub Wks Department Total: $63,612.00 KAPETAN, TONY K GF - Carnegie Library Fnd Fund Total. $63,612.00 EXELTECH CONSULTING INC Prof svcs-September 328-7950-595.41-50 17,159.16 PARR, KATERINA Prof Svcs -September 328-7950-595.41-50 20,335.89 PANG, JUN Prof svcs-September 328-7950-595.41-50 21,510.93 WASHINGTON (DOT), STATE OF Proj Mgmt pe 8/31 328-7950-595.41-50 68.54 SMITH, JOSHUA Proj Mgmt pe 8/31 328-7950-595.41-50 68.54 Capital Projects -Pub Wks 8th St Bridge Reconst Division Total. $59,143.06 Capital Projects -Pub Wks Department Total. $59,143.06 Page 14 8th St Bridge Reconstr Fund Total. $59,143.06 HANSON PIPE & PRODUCTS INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.40-00 326.40 DONNELL, GREGORY UB CR REFUND -FINALS 401-0000-122.10-99 100.98 HOLDEN, DEAN UB CR REFUND -FINALS 401-0000-122.10-99 40.93 KAPETAN, TONY K OVERPAYMENT REFUND 401-0000-122.10-99 374.52 LUTSCHG, GAIL DEPOSIT REFUND 401-0000-122.10-99 250.00 PARR, KATERINA DEPOSIT REFUND 401-0000-122.10-99 125.00 PANG, JUN US CR REFUND -FINALS 401-0000-122.10-99 92.52 PRATT, DONELLA DEPOSIT REFUND 401-0000-122.10-99 125.00 SMITH, JOSHUA UB CR REFUND -FINALS 401-0000-122.10-99 108.63 VOGEL, JIM OVERPAYMENT REFUND 401-0000-122.10-99 253.31 OVERPAYMENT REFUND 401-0000-122.10-99 44.70 WEEKS, CINDY UB CR REFUND -FINALS 401-0000-122.10-99 33.10 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.40-00 98.20 ELECTRICAL EQUIP & SUPPLY 401-0000-237.00-00 -7.55 SENSUS METERING SYSTEMS ELECTRICAL EQUIP & SUPPLY 401-0000-141.40-00 3,103.44 Division Total. $5,069.18 Department Total: $5,069.18 IEEE 2005 Annual dues -J Harper 401-7111-533.49-01 177.00 WASHINGTON (DIS), STATE OF COMPUTERS,DP & WORD PROC. 401-7111-533.31-60 327.84 Public Works -Electric Engineering -Electric Division Total: $504.84 EES CONSULTING INC Prof svcs-September 401-7120-533.49-01 554.70 Public Works -Electric Power Resource Mgmt Division Total: $554.70 AMSAN OLYMPIC SUPPLY PAPER & PLASTIC-DISPOSABL 401-7180-533.31-20 49.66 JANITORIAL SUPPLIES 401-7180-533.31-20 43.29 ANGELES MACHINE WORKS INC BAGS, BAGGING,TIES,EROSION 401-7180-533.48-10 26.30 BAGS, BAGGING,TIES,EROSION 401-7180-533.48-10 -26.30 ANGELES MILLWORK & LUMBER CO LUMBER& RELATED PRODUCTS 401-7180-533.34-02 14.87 HAND TOOLS ,POW&NON POWEF401-7180-533.35-01 63.33 JANITORIAL SUPPLIES 401-7180-533.48-10 12.99 BUILDING MAINT&REPAIR SER 401-7180-533.48-10 2.16 22 Page 14 City of Port Angeles Date: 10/27/04 City Council Expenditure Report From: 90/9/04 To: 10122104 Vendor Description Account Number Invoice Amount ANGELES MILLWORK & LUMBER CO... LUMBER& RELATED PRODUCTS 401-7180-533.48-10 192.28 HAND TOOLS ,POW&NON POWEF401-7180-533.48-10 48.96 LUMBER& RELATED PRODUCTS 401-7180-533.48-10 84.93 AT&T WIRELESS 10/2 ac 047-44625127 401-7180-533.42-10 39.90 10/2 ac 047-44690139 401-7180-533.42-10 19.49 10/2 ac 047-45528387 401-7180-533.42-10 9.05 10/2 ac 047-45570652 401-7180-533.42-10 15.68 10/5 ac 047-49335938 401-7180-533.42-10 8.03 BAXTER AUTO PARTS #15 AUTO SHOP EQUIPMENT & SUP 401-7180-533.31-20 7.82 PAINTS, COATI NGS,WALLPAPER 401-7180-533.48-10 5.40 CLEANING COMPOSITION/SOLV 401-7180-533.48-10 12.08 BLAKE SAND & GRAVEL INC EPDXY BASED FORMULAS 401-7180-533.48-10 22.03 CED/CONSOLIDATED ELEC DIST INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 184.11 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 64.98 DIVERSIFIED RESOURCE CENTER SEPTEMBER JANITORIAL 401-7180-533.48-10 96.00 EIKUM CONSTRUCTION EPDXY BASED FORMULAS 401-7180-533.48-10 70.37 MISCELLANEOUS SERVICES 401-7180-533.48-10 1,050.00 GREAT AMERICAN LEASING CORP OCT COPIER LEASE 401-7180-533.45-30 186.49 HANSON PIPE & PRODUCTS INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 1,751.68 HARTNAGEL BUILDING SUPPLY INC EPDXY BASED FORMULAS 401-7180-533.48-10 4.86 BUILDING MAINT&REPAIR SER 401-7180-533.48-10 152.05 HI -LINE HAND TOOLS ,POW&NON POWEF401-7180-533.35-01 148.02 BRUSHES (NOT CLASSIFIED) 401-7180-533.35-01 119.56 HAND TOOLS ,POW&NON POWEF401-7180-533.35-01 -148.02 BRUSHES (NOT CLASSIFIED) 401-7180-533.35-01 -119.56 JPMORGANCHASE Plastic storage bags 401-7180-533.31-20 86.87 L & L TOOL SPECIALTIES ELECTRONIC COMPONENTS 401-7180-533.35-01 227.43 LINCOLN INDUSTRIAL CORP Light pole 401-7180-533.48-10 175.99 Repair light pole 401-7180-533.48-10 175.99 OLYMPIC LAND DEVELOPERS Refund Double pmt 401-7180-379.00-00 20,000.00 David H. Ireland MASS STORAGE UNIT 401-7180-533.31-60 51.92 NORTH COAST ELECTRIC COMPANY HAND TOOLS ,POW&NON POWEF401-7180-533.35-01 405.62 NORTHWEST PUBLIC POWER ASSN EDUCATIONAL SERVICES 401-7180-533.43-10 195.00 OLYMPIC LAUNDRY & DRY CLEANERS JANITORIAL SUPPLIES 401-7180-533.31-20 25.18 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 20.60 PENINSULA DAILY NEWS Ordinance summary #3169 401-7180-533.44-10 19.80 PETTIT OIL COMPANY AIR CONDITIONING & HEATNG 401-7180-533.48-10 14.17 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 98.43 PORT ANGELES CITY TREASURER After Hours meals 401-7180-533.43-10 43.00 Filing fees -Rinehart 401-7180-533.49-90 21.00 PORT ANGELES POWER EQUIPMENT MACHINERY & HEAVY HRDWARE 401-7180-533.48-10 8.64 PUD #1 OF CLALLAM COUNTY 2110 Glass Rd 401-7180-533.47-10 134.92 23 Page 15 City of Port Angeles Date: 10/27/04 City Council Expenditure Report 'WrawiFrom: 90/9/04 To: 90/22104 Vendor Description Account Number Invoice Amount QWEST 10/02 ac 36041780953366 401-7180-533.42-10 39.35 SANDERSON SAFETY SUPPLY CO CLOTHING & APPAREL 401-7180-533.35-01 204.29 SCHWEITZER ENGINEERING LABS ELECTRONIC COMPONENTS 401-7180-533.34-02 32.93 POWER GENERATION EQUIPMEN401-7180-533.34-02 5,656.53 SUNSET DO -IT BEST HARDWARE AUTO & TRUCK ACCESSORIES 401-7180-533.35-01 12.61 AUTO SHOP EQUIPMENT & SUP 401-7180-533.35-01 5.35 PAINTS,COATINGS,WALLPAPER 401-7180-533.35-01 100.33 PAINTS,COATINGS,WALLPAPER 401-7180-533.35-01 38.20 HAND TOOLS ,POW&NON POWEF401-7180-533.35-01 67.15 FASTENERS, FASTENING DEVS 401-7180-533.48-10 1.88 FASTENERS, FASTENING DEVS 401-7180-533.48-10 11.48 FASTENERS, FASTENING DEVS 401-7180-533.48-10 -1.88 GASES CONT.EQUIP:LAB,WELD 401-7180-533.48-10 25.33 SEED,SOD,SOIL&INOCULANT 401-7180-533.48-10 5.89 SWAIN'S GENERAL STORE INC ELECTRONIC COMPONENTS 401-7180-533.31-01 22.36 HAND TOOLS ,POW&NON POWEF401-7180-533.35-01 22.03 ELECTRONIC COMPONENTS 401-7180-533.35-01 9.17 HARDWARE,AND ALLIED ITEMS 401-7180-533.48-10 15.10 THURMAN SUPPLY JANITORIAL SUPPLIES 401-7180-533.31-20 42.40 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 4.74 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 1.40 TRANSFAC FUNDING CORPORATION Shipping chg-Columbia Mfg 401-7180-533.42-10 638.41 VERIZON WIRELESS 10-04 a/c 87025112400001 401-7180-533.42-10 121.83 10-04 a/c 87025110300001 401-7180-533.42-10 121.29 WAGNER-SMITH EQUIPMENT CO HAND TOOLS ,POW&NON POWEF401-7180-533.35-01 148.02 BRUSHES (NOT CLASSIFIED) 401-7180-533.35-01 119.56 WESTERN STEEL METALS, BARS, PLATES, RODS 401-7180-533.48-10 962.05 ZUMAR INDUSTRIES INC SIGNS, SIGN MATERIAL 401-7180-533.48-10 409.08 Public Works -Electric Electric Operations Division Total. $34,753.93 QWEST 10/02 ac 206ZO20411942B 401-7188-594.42-10 64.98 Public Works -Electric Electric Projects Division Total. $64.98 Public Works -Electric Department Total: $35,878.45 Electric Utility Fund Fund Total. $40,947.63 FOWLER COMPANY, H D PIPE FITTINGS 402-0000-141.40-00 672.20 Division Total: $672.20 Department Total: $672.20 AMSAN OLYMPIC SUPPLY WATER&SEWER TREATING CHEM402-7380-534.31-05 180.20 WATER&SEWER TREATING CHEM402-7380-534.31-05 47.33 WATER&SEWER TREATING CHEN#02-7380-534.31-05 180.20 WATER&SEWER TREATING CHEM402-7380-534.31-05 23.66 JANITORIAL SUPPLIES 402-7380-534.31-20 39.84 ANGELES MILLWORK & LUMBER CO LUMBER& RELATED PRODUCTS 402-7380-534.31-20 25.15 24 Page 16 4 Date: 10/27/04 City of Port Angeles City Council Expenditure Report From: 1019104 To: 10122/04 Vendor Description Account Number Invoice Amount ANGELES MILLWORK & LUMBER CO... SUPPLIES 402-7380-534.31-20 18.49 LUMBER& RELATED PRODUCTS 402-7380-534.31-20 36.80 PIPE FITTINGS 402-7380-534.34-02 1.82 SUPPLIES 402-7380-534.34-02 3.99 LUMBER& RELATED PRODUCTS 402-7380-534.34-02 20.44 RENTAULEASE EQUIPMENT 402-7380-534.48-10 178.70 AT&T BUSINESS SERVICE 09/15 ac 0584912554001 402-7380-534.42-10 48.57 BECKWITH & KUFFEL SUPPLIES 402-7380-534.34-02 1,676.02 AIR COMPRESSORS & ACCESS 402-7380-534.34-02 6,669.17 BLAKE SAND & GRAVEL INC ROAD/HWY MAT NONASPHALTIC 402-7380-534.34-02 37.91 ROAD/HWY MAT NONASPHALTIC 402-7380-534.34-02 189.53 CONCRETE & METAL CULVERTS 402-7380-534.34-02 37.17 CO STCO CREDIT CARD PMTS Shredder,pens,paper 402-7380-534.31-01 184.37 DIVERSIFIED RESOURCE CENTER SEPTEMBER JANITORIAL 402-7380-534.48-10 26.00 EDGE ANALYTICAL TESTING&CALIBRATION SERVI 402-7380-534.48-10 37.00 GRCC/INW HUMAN SERVICES 402-7380-534.43-10 265.00 HEARTLINE BATTERY 402-7380-534.34-02 50.85 KEYRIFFIC KEYS CORP PADLOCKS 402-7380-534.34-02 158.05 LINCOLN INDUSTRIAL CORP SUPPLIES 402-7380-534.34-02 10.34 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 402-7380-534.31-01 86.59 OFFICE SUPPLIES, GENERAL 402-7380-534.31-01 14.04 PORT ANGELES CITY TREASURER Replace LCD screen 402-7380-534.31-60 44.99 PUD #1 OF CLALLAM COUNTY Crown Z Water Rd 09/22 402-7380-534.47-10 15.75 203 Reservoir Rd 402-7380-534.48-10 22.25 QWEST 9/23 ac 206T411255315B 402-7380-534.42-10 64.21 SET -POINT CONTROL SUPPLIES 402-7380-534.34-02 91.97 SUNSET DO -IT BEST HARDWARE TAPE(NOT DP,SOUND,VIDEO) 402-7380-534.31-20 1.45 EQUIP MAINT & REPAIR SERV 402-7380-534.31-20 72.50 SALE SURPLUS/OBSOLETE 402-7380-534.31-20 13.62 SUPPLIES 402-7380-534.34-02 12.35 SUPPLIES 402-7380-534.34-02 2.33 SUPPLIES 402-7380-534.34-02 28.15 SWAIN'S GENERAL STORE INC SALE SURPLUS/OBSOLETE 402-7380-534.31-20 4.19 HAND TOOLS ,POW&NON POWEF402-7380-534.31-20 38.71 TMG SERVICES INC SUPPLIES 402-7380-534.34-02 413.97 TWISS ANALYTICAL LABORATORIES TESTING&CALIBRATION SERVI 402-7380-534.48-10 133.00 TESTING&CALIBRATION SERVI 402-7380-534.48-10 114.00 UTILITIES UNDERGROUND LOC CTR Underground locates -Sept 402-7380-534.48-10 21.17 VERIZON WIRELESS 09/15 ac 264214908-02 402-7380-534.42-10 38.48 09/15 ac 264214908-01 402-7380-534.42-10 169.78 WA STATE DEPARTMENT OF ECOLOGY DAM INSPECTION 402-7380-534.48-10 688.00 Public Works -Water Water Division Total: $12,238.10 25 Page 17 4 . City of Port Angeles Date: 10/27/04 City Council Expenditure Report f From: 1019/04 To: 10/22104 Vendor Description Account Number Invoice Amount Public Works -Water Department Total. $12,238.10 Water Fund Fund Total: $12,910.30 JPMORGANCHASE Compressed air parts 403-0000-237.00-00 -15.08 VAREC BIOGAS STEAM & HOT WATER FITTING 403-0000-237.00-00 -5.53 Division Total. -$20.61 Department Total: -$20.61 AMSAN OLYMPIC SUPPLY PAPER & PLASTIC-DISPOSABL 403-7480-535.31-20 198.83 AMTEST INC ENVIRONMENTAL&ECOLOGICAL 403-7480-535.41-50 360.00 ANGELES MILLWORK & LUMBER CO SUPPLIES 403-7480-535.31-20 6.41 JPMORGANCHASE Compressed air parts 403-7480-535.31-20 196.82 METROCALL 10/1 ac 298-A24878 403-7480-535.42-10 32.52 OLYMPIC SPRINGS INC RENTAULEASE EQUIPMENT 403-7480-535.31-20 21.58 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 403-7480-535.31-01 71.53 PARKER PAINT MFG CO INC PAINTS, COATI NGS,WALLPAPER 403-7480-535.31-20 45.52 PAINTING EQUIPMENT & ACC 403-7480-535.31-20 1.07 PETTIT OIL COMPANY FUEL,OIL,GREASE, & LUBES 403-7480-535.32-11 926.03 FUEL,OIL,GREASE, & LUBES 403-7480-535.32-11 1,071.18 FUEL,OIL,GREASE, & LUBES 403-7480-535.32-11 573.23 FUEL,OIL,GREASE, & LUBES 403-7480-535.32-11 672.60 PORT ANGELES CITY TREASURER Postage -Young 403-7480-535.42-10 27.30 PUGET SAFETY EQUIPMENT INC FIRST AID & SAFETY EQUIP. 403-7480-535.31-20 26.20 FIRST AID & SAFETY EQUIP. 403-7480-535.31-20 -26.20 QWEST 10/02 ac 36041705911968 403-7480-535.42-10 37.18 10/02 ac 3604170190080B 403-7480-535.42-10 38.63 10-08 a/c 3605650365696B 403-7480-535.42-10 37.18 SANDY'S RACE STREET AUTO PARTS BELTS AND BELTING 403-7480-535.31-20 47.70 BELTS AND BELTING 403-7480-535.31-20 31.80 SUNSET DO -IT BEST HARDWARE FASTENERS, FASTENING DEVS 403-7480-535.31-20 0.96 ELECTRICAL EQUIP & SUPPLY 403-7480-535.31-20 64.92 ELECTRICAL CABLES & WIRES 403-7480-535.31-20 84.48 PIPE AND TUBING 403-7480-535.31-20 26.80 PAINTING EQUIPMENT & ACC 403-7480-535.31-20 73.93 PAINTING EQUIPMENT & ACC 403-7480-535.31-20 20.02 FASTENERS, FASTENING DEVS 403-7480-535.31-20 88.11 FASTENERS, FASTENING DEVS 403-7480-535.31-20 6.58 WELDING EQUIPMENT/SUPPLY 403-7480-535.35-01 220.03 SWAIN'S GENERAL STORE INC COMPUTER ACCESSORIES&SUP1403-7480-535.31-20 36.33 FOODS: PERISHABLE 403-7480-535.31-20 66.03 LAB &FIELD EQUIP,BIO,BOT 403-7480-535.31-20 213.22 CHEMICAL LAB EQUIP & SUPP 403-7480-535.31-20 29.58 AIR CONDITIONING & HEATNG 403-7480-535.31-20 27.41 CLEANING COMPOSITION/SOLV 403-7480-535.31-20 51.58 26 Page 18 City of Port Angeles Date: 10/27/04 City Council Expenditure Report From: 10/9/04 To: 10122104 Vendor Description Account Number Invoice Amount SWAIN'S GENERAL STORE INC... PAINTING EQUIPMENT & ACC 403-7480-535.31-20 23.79 THURMAN SUPPLY PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-20 18.52 SUPPLIES 403-7480-535.35-01 18.66 UTILITIES UNDERGROUND LOC CTR Underground locates -Sept 403-7480-535.48-10 21.17 VAREC BIOGAS STEAM & HOT WATER FITTING 403-7480-535.31-20 72.08 Public Works-WW/Stormwtr Wastewater Division Total. $5,561.31 Public Works-WW/Stormwtr Department Total. $5,561.31 Wastewater Fund Fund Total. $5,540.70 DIVERSIFIED RESOURCE CENTER SEPTEMBER JANITORIAL 404-7580-537.48-10 19.00 OLYMPIC STATIONERS INC SUPPLIES 404-7580-537.31-01 30.57 SUPPLIES 404-7580-537.31-01 43.36 PENINSULA DAILY NEWS LIBRARY SERVICES(EXCL 908 404-7580-537.44-10 116.62 Ordinance summary 3167 404-7580-537.44-10 17.55 RADIO PACIFIC INC COMMUNICATIONS/MEDIA SERV 404-7580-537.44-10 350.00 COMMUNICATIONS/MEDIA SERV 404-7580-537.49-01 900.00 SWAIN'S GENERAL STORE INC AUTO SHOP EQUIPMENT & SUP 404-7580-537.35-01 57.07 PIPE AND TUBING 404-7580-537.35-01 17.07 Public Works -Solid Waste Solid Waste -Collections Division Total. $1,551.24 Public Works -Solid Waste Department Total: $1,551.24 Solid Waste -Collections Fund Total: $1,551.24 RESOURCE RECYCLING SUPPLIES 405-0000-237.00-00 -6.64 Division Total: -$6.64 Department Total. -$6.64 CLINICARE OF PORT ANGELES INC PHYSICAL DOT CDL 405-7585-537.43-10 75.00 DIVERSIFIED RESOURCE CENTER SEPTEMBER JANITORIAL 405-7585-537.48-10 47.00 ECONOMIC & ENGINEERING SVC INC Prof svc pe 9/25 3-03-442 405-7585-537.41-50 3,426.33 MARTIN, BOB 32 Hours LF proj RFP 405-7585-537.41-50 1,200.00 NORTHWEST BUSINESS FINANCE LLC TIRE RECYCLING AT LANDFIL 405-7585-537.48-10 850.00 OVERALL LAUNDRY SERVICES INC COVERALLS AND FLOOR MAT R 405-7585-537.31-20 70.11 PACIFIC OFFICE EQUIPMENT INC COMPUTER ACCESSORIES&SUP1405-7585-537.31-20 110.03 COMPUTER ACCESSORIES&SUP1405-7585-537.48-10 78.57 QWEST 10/02 ac 3604175035758B 405-7585-537.42-10 79.68 10/02 ac 3604522245145B 405-7585-537.42-10 40.02 10/02 ac 3604528100532B 405-7585-537.42-10 39.84 RESOURCE RECYCLING SUPPLIES 405-7585-537.31-20 86.64 SANDERSON SAFETY SUPPLY CO RUBBER WORK BOOTS 405-7585-537.31-20 108.73 WORK GLOVES 405-7585-537.48-10 55.09 SWANA RECERTIFICATION FEE 405-7585-537.48-10 150.00 THURMAN SUPPLY PIPE FITTINGS 405-7585-537.31-20 7.99 ELECTRICAL EQUIP & SUPPLY 405-7585-537.31-20 48.95 Public Works -Solid Waste Solid Waste -Landfill Division Total. $6,473.98 Public Works -Solid Waste Department Total: $6,473.98 2% Page 19 City of Port Angeles Date: 10/27/04 City Council Expenditure Report From: 10/9/04 To: 90/22/04 Vendor Description Account Number Invoice Amount Solid Waste -Landfill Fund Total. $6,467.34 ALL WEATHER HEATING & COOLING Mattson -1333 E 6th St 421-7121-533.49-86 500.00 DAVE'S HEATING & COOLING SVC City Rebate -Finney 421-7121-533.49-86 1,000.00 City Rebate -Field 421-7121-533.49-86 1,000.00 GLASS SERVICES CO INC City Rebate -Hofrichter 421-7121-533.49-86 199.50 City Rebate -Pen Golf Club 421-7121-533.49-86 112.00 City Rebate-Eckenberg 421-7121-533.49-86 525.00 MATHEWS GLASS CO INC City Rebate-Helwick 421-7121-533.49-86 46.66 JOHN KISH City rebate 421-7121-533.49-86 33.00 SAVE JOHNSON City rebate 421-7121-533.49-86 30.00 Public Works -Electric Conservation Loans Division Total. $3,446.16 Public Works -Electric Department Total: $3,446.16 Conservation Loans/Grants Fund Total. $3,446.16 SUNSET DO -IT BEST HARDWARE Marker paint 451-7188-594.31-01 50.16 TICE ELECTRIC COMPANY Contract pmt Proj 01-28 451-7188-594.65-10 4,935.16 Public Works -Electric Electric Projects Division Total. $4,985.32 Public Works -Electric Department Total: $4,985.32 Electric Utility C/P Fund Total. $4,985.32 JORDAN EXCAVATING INC Park St water line break 452-7388-594.65-10 5,163.20 JPMORGANCHASE Working lunch-Trf station 452-7388-594.43-10 63.63 Public Works -Water Water Projects Division Total. $5,226.83 Public Works -Water Department Total. $5,226.83 Water Utility CIP Fund Total: $5,226.83 BROWN AND CALDWELL Prof svcs pe 09-24 453-7488-594.41-50 1,036.82 Prof svcs pe 09-24 453-7488-594.41-50 21,238.54 LINCOLN INDUSTRIAL CORP EQUIP MAINT & REPAIR SERV 453-7488-594.35-01 52.80 Public Works-WW/Stormwtr Wastewater Projects Division Total. $22,328.16 Public Works-WW/Stormwtr Department Total. $22,328.16 Waste Water Utility C/P Fund Total. $22,328.16 MIDDLETON AUTO AND TRUCK INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 26.02 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 32.07 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 28.15 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 126.91 PETTIT OIL COMPANY Unleaded,diesel 501-0000-141.20-00 7,679.90 Diesel 501-0000-141.20-00 2,500.12 Diesel 501-0000-141.20-00 614.68 Diesel fuel 501-0000-141.20-00 3,508.07 SCHUCK'S AUTO PARTS AUTO & TRUCK ACCESSORIES 501-0000-141.40-00 15.54 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 20.04 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 22.41 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 -3.11 28 Page 20 { Date: 10/27/04 City of Port Angeles City Council Expenditure Report From: 1019104 To: 10122104 Vendor SCHUCK'S AUTO PARTS... SUNSET DO -IT BEST HARDWARE WASHINGTON FIRE & SAFETY EQUIP ALDERSONS AUTO BODY & PAINT INC AMSAN OLYMPIC SUPPLY BAXTER AUTO PARTS #15 CHEVRON USA CRAFT (MAC TOOLS), DON DENVER'S TIRE CO INC Description AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK ACCESSORIES EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS GAS PURCHASE GAS PURCHASE AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS Account Number 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 Division Total: Department Total 501-7630-548.48-10 501-7630-548.31-20 501-7630-548.34-02 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.35-01 501-7630-548.31-10 501-7630-548.31-10 501-7630-548.31-10 501-7630-548.31-10 501-7630-548.31-10 501-7630-548.31-10 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 29 Page 21 Invoice Amount 9.19 5.83 14.56 8.65 212.00 75.79 27.59 222.78 186.36 141.19 38.44 28.43 12.66 129.96 $15,684.23 $15,684.23 980.98 33.87 6.09 16.37 19.93 136.38 315.15 157.57 121.84 125.63 35.74 262.09 140.79 2.44 2.44 1.62 170.30 48.74 89.08 40.34 28.16 56.86 56.15 57.13 31.41 9.04 Date: 10/27/04 City of Port Angeles City Council Expenditure Report From: 1019104 To: 10122104 Vendor Description Account Number Invoice Amount DENVER'S TIRE CO INC... AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 2.44 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 84.75 EXTERNAL LABOR SERVICES 501-7630-548.34-02 141.87 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 9.21 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 545.61 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 2.44 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 2.44 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 9.21 EXTERNAL LABOR SERVICES 501-7630-548.48-10 16.25 EXTERNAL LABOR SERVICES 501-7630-548.48-10 28.15 EXTERNAL LABOR SERVICES 501-7630-548.48-10 28.15 EXTERNAL LABOR SERVICES 501-7630-548.48-10 16.25 EXTERNAL LABOR SERVICES 501-7630-548.48-10 7.58 EXTERNAL LABOR SERVICES 501-7630-548.48-10 10.83 EXTERNAL LABOR SERVICES 501-7630-548.48-10 16.25 EXTERNAL LABOR SERVICES 501-7630-548.48-10 62.81 EXTERNAL LABOR SERVICES 501-7630-548.48-10 116.97 EXTERNAL LABOR SERVICES 501-7630-548.48-10 6.50 EXTERNAL LABOR SERVICES 501-7630-548.48-10 32.49 EXTERNAL LABOR SERVICES 501-7630-548.48-10 62.76 EXTERNAL LABOR SERVICES 501-7630-548.48-10 87.73 EXTERNAL LABOR SERVICES 501-7630-548.48-10 8.66 EXTERNAL LABOR SERVICES 501-7630-548.48-10 48.73 EXTERNAL LABOR SERVICES 501-7630-548.48-10 61.73 EXTERNAL LABOR SERVICES 501-7630-548.48-10 81.23 EXTERNAL LABOR SERVICES 501-7630-548.48-10 27.07 EXTERNAL LABOR SERVICES 501-7630-548.48-10 28.15 EXTERNAL LABOR SERVICES 501-7630-548.48-10 4.87 EXTERNAL LABOR SERVICES 501-7630-548.48-10 6.50 EXTERNAL LABOR SERVICES 501-7630-548.48-10 112.63 EXTERNAL LABOR SERVICES 501-7630-548.48-10 28.15 EXTERNAL LABOR SERVICES 501-7630-548.48-10 16.25 EXTERNAL LABOR SERVICES 501-7630-548.48-10 28.15 EXTERNAL LABOR SERVICES 501-7630-548.48-10 22.20 EXTERNAL LABOR SERVICES 501-7630-548.48-10 10.83 DIVERSIFIED RESOURCE CENTER SEPTEMBER JANITORIAL 501-7630-548.48-10 47.00 GREENTREE COMMUNICATIONS CO EXTERNAL LABOR SERVICES 501-7630-548.48-10 259.92 AUTO & TRUCK MAINT. ITEMS 501-7630-594.64-10 422.37 AUTO & TRUCK MAINT. ITEMS 501-7630-594.64-10 422.37 AUTO & TRUCK MAINT. ITEMS 501-7630-594.64-10 422.37 H & R PARTS & EQUIPMENT INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 17.65 HEARTLINE AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 162.34 30 Page 22 { City of Port Angeles Date: 10/27/04 City Council Expenditure Report From: 10/9/04 To: 10/22/04 Vendor Description Account Number Invoice Amount HEARTLINE... AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 185.03 KAMAN INDUSTRIAL TECHNOLOGIES AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 23.45 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 235.43 LARSON GLASS TECHNOLOGY INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 286.54 EXTERNAL LABOR SERVICES 501-7630-548.48-10 48.74 LES SCHWAB TIRE CENTER (CITY) AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-10 129.35 AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-10 258.71 AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-10 166.89 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 86.64 EXTERNAL LABOR SERVICES 501-7630-548.34-02 28.70 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 458.70 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 178.15 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 4.87 EXTERNAL LABOR SERVICES 501-7630-548.34-02 20.04 EXTERNAL LABOR SERVICES 501-7630-548.48-10 28.71 EXTERNAL LABOR SERVICES 501-7630-548.48-10 49.76 EXTERNAL LABOR SERVICES 501-7630-548.48-10 64.87 EXTERNAL LABOR SERVICES 501-7630-548.48-10 103.37 EXTERNAL LABOR SERVICES 501-7630-548.48-10 46.95 MIDDLETON AUTO AND TRUCK INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 28.42 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 10.47 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 23.13 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 51.10 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 -28.60 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 7.73 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 30.87 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 5.29 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 6.25 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 2.58 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 7.00 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 19.36 .ferry Benoff ASE TEST TRAINING PREP MA 501-7630-548.43-10 154.30 N C MACHINERY CO AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 430.87 AUTO & TRUCK MAINT. ITEMS 501-7630-548.48-10 838.24 OLYMPIC ARMA COATINGS INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.48-10 -81.22 EXTERNAL LABOR SERVICES 501-7630-548.48-10 567.49 EXTERNAL LABOR SERVICES 501-7630-594.64-10 853.40 EXTERNAL LABOR SERVICES 501-7630-594.64-10 432.12 OLYMPIC STATIONERS INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 128.18 Corr inv amt #58570 501-7630-548.31-01 4.38 OVERALL LAUNDRY SERVICES INC EXTERNAL LABOR SERVICES 501-7630-548.49-90 56.13 EXTERNAL LABOR SERVICES 501-7630-548.49-90 56.13 31 Page 23 { Date: 10/27/04 City of Port Angeles City Council Expenditure Report From: 1019104 To: 10122104 Vendor Description Account Number Invoice Amount PACIFIC OFFICE EQUIPMENT INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 299.94 PEN PRINT INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 105.59 PORT ANGELES FORD LINCOLN AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 19.54 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 19.54 QUALITY 4X4 TRUCK SUPPLY AUTO & TRUCK MAINT. ITEMS 501-7630-594.64-10 1,632.04 EXTERNAL LABOR SERVICES 501-7630-594.64-10 387.17 RICHMOND 2 -WAY RADIO AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 46.56 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 53.06 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 594.56 EXTERNAL LABOR SERVICES 501-7630-548.48-10 54.15 EXTERNAL LABOR SERVICES 501-7630-548.48-10 54.15 EXTERNAL LABOR SERVICES 501-7630-548.48-10 54.15 RUDDELL AUTO MALL AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 190.07 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 6.84 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 316.85 EXTERNAL LABOR SERVICES 501-7630-548.48-10 1,062.19 SANDY'S RACE STREET AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 18.55 SCHUCK'S AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 62.69 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 63.56 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 100.32 AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 8.58 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 -32.49 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 7.04 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 -62.69 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 6.00 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 20.57 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 9.16 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 10.23 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 4.31 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 70.34 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 11.22 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 48.71 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 -20.57 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 33.12 SIMPSON'S USED PARTS & TOWING EXTERNAL LABOR SERVICES 501-7630-548.48-10 70.40 SUNSET DO -IT BEST HARDWARE AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 181.29 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 51.54 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 6.92 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1.49 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 12.28 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 24.70 AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 47.10 32 Page 24 Date: 10/27/04 City of Port Angeles City Council Expenditure Report From: 90/9/04 To: 90/22/04 Vendor Description Account Number Invoice Amount UNITED PARCEL SERVICE Sept Shipping chgs 501-7630-548.42-10 6.74 VALLEY FREIGHTLINER INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 2.38 James Harper AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 422.78 WESTERN POWER & EQUIPMENT AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 163.41 WINGFOOT COMMERCIAL TIRE SYSTEM:AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-10 584.43 Public Works -Equip Svcs Equipment Services Division Total. $19,315.03 Public Works -Equip Svcs Department Total. $19,315.03 Medical Benefits Equipment Services Fund Total. $34,999.26 UNITED COMMUNICATIONS Telephone equipment 502-0000-237.00-00 -76.78 Self Insurance Worker's Compensation Division Total: -$76.78 SEPT LEGAL REPRESENTATION 503-1671-517.41-50 Department Total. -$76.78 DUNGENESS COMMUNICATIONS INC Website maintenance 502-2081-518.41-50 62.50 JPMORGANCHASE Batteries for server 502-2081-518.31-01 10.81 DECALS Office supplies 502-2081-518.31-01 63.53 Video Kit -web page 502-2081-518.31-60 53.07 Screwdrivers 502-2081-518.35-01 29.26 Linda Kheriaty AIR -STRAIT WEST HUG 502-2081-518.43-10 377.47 PORT ANGELES CITY TREASURER Flat repair IT cart 502-2081-518.48-10 7.53 UNITED COMMUNICATIONS RADIO & TELECOMMUNICATION 502-2081-518.31-60 925.00 Telephone equipment 502-2081-518.31-60 76.78 WEST HUG EDUCATION CONFERENCE 02004 WEST HUG CONF REGIST 502-2081-518.43-10 50.00 Finance Department Information Technologies Division Total: $1,655.95 Finance Department Department Total. $1,655.95 33 Page 25 $1,579.17 389.42 40.24 15.00 158.00 28.34 171.96 $802.96 2,962.31 4,233.00 $7,195.31 57.26 61.59 $118.85 587.50 $587.50 $8,704.62 $8,704.62 14,000.00 Information Technology Fund Total., Barbara McFall MEDICAL REIMBURSEMENT 503-1631-517.46-30 Gerald B Swayze, Jr MEDICAL REIMBURSEMENT 503-1631-517.46-30 JASON VIADA MEDICL REIMBURSEMENT 503-1631-517.46-30 James Harper MEDICAL REIMBURSEMENT 503-1631-517.46-30 Jan Yoder MEDICAL REIMBURSEMENT 503-1631-517.46-30 Jordan Sage MEDICAL REIMBURSEMENT 503-1631-517.46-30 Self Insurance Other Insurance Programs Division Total. HEALTHCARE MGMTADMNSTRS INC 10-12 Dental claims EFT 503-1637-517.46-01 10-19 Dental claims EFT 503-1637-517.46-01 Self Insurance Medical Benefits Division Total. SWAIN'S GENERAL STORE INC SAFETY MBR JACKET 503-1661-517.49-09 SAFETY COMM JACKET 503-1661-517.49-09 Self Insurance Worker's Compensation Division Total: SUMMIT LAW GROUP PLLC SEPT LEGAL REPRESENTATION 503-1671-517.41-50 Self Insurance Comp Liability Division Total. Self Insurance Department Total., Self -Insurance Fund Fund Total: PORT ANGELES DOWNTOWN ASSN DECALS 650-0000-231.91-00 33 Page 25 $1,579.17 389.42 40.24 15.00 158.00 28.34 171.96 $802.96 2,962.31 4,233.00 $7,195.31 57.26 61.59 $118.85 587.50 $587.50 $8,704.62 $8,704.62 14,000.00 { Date: 10/27/04 City of Port Angeles City Council Expenditure Report + . From: 1019/04 To: 10122104 Vendor PORT ANGELES DOWNTOWN ASSN... HARTNAGEL BUILDING SUPPLY INC SENIUK, JAKE Esther Webster/Fine Arts AFLAC LEOFF OFFICE OF SUPPORT ENFORCEMENT PERS UNITED WAY (PAYROLL) Description PBIA Off Street Parking Fund Oil Printer ink,calendar Software manual Cleaning supplies Gas Exhibition frames Postage Parking Announcements Esther Webster/Fine Arts Esther Webster/Fine Arts Esther Webster Fund October premium Contribution -Sept Contribution -Sept Payroll deductn pe 10/10 Payroll deductn pe 10/10 Contribution -Sept P/R Deductions pe 10-10 P/R Deductions pe 10-10 Contribution -Sept Payroll deductns pe 10/10 Account Number 650-0000-231.92-00 Division Total: Department Total., Fund Total., 652-8630-575.31-20 652-8630-575.31-01 652-8630-575.31-02 652-8630-575.31-20 652-8630-575.32-10 652-8630-575.41-50 652-8630-575.42-10 652-8630-575.43-10 652-8630-575.49-60 Division Total: Department Total: Fund Total: 920-0000-231.53-10 920-0000-231.51-20 920-0000-231.51-21 920-0000-231.56-20 920-0000-231.56-20 920-0000-231.51-10 920-0000-231.51-11 920-0000-231.51-11 920-0000-231.51-12 920-0000-231.56-10 Division Total., Department Total., Payroll Clearing Fund Total. Totals for check period From: 10/9/04 To: 10/22/04 34 Page 26 Invoice Amount 2,000.00 $16,000.00 $16,000.00 $16,000.00 2.32 569.85 43.47 43.28 2.32 725.23 17.54 6.50 355.39 $1,765.90 $1,765.90 $1,765.90 138.82 22.58 23,478.81 169.85 1,695.73 8,615.39 1,318.27 1,868.68 13, 515.76 260.97 $51,084.86 $51,084.86 $51,084.86 $502,654.11 rPQRT I G f W AS H I N D T O N, U.S.A. CITY COUNCIL MEMO DATE: NOVEMBER 01, 2004 TO: CITY COUNCIL MEMBERS FROM: DEPUTY CHIEF TERRY GALLAGHEO SUBJECT: SCHOOL RESOURCE OFFICER CONTRACT Summary: The Police Department has contracted with School District #121 since 1999 to provide a School Resource Officer (SRO) to the Port Angeles High School and, part time, to the local middle schools. The agreement for the 2004-05 school year increases the amount paid by the School District to the City from $20,000.00 for the provision of an SRO to $23,000.00. Other than the increased cost to the School District, there are no substantial changes in the contract from previous years. Recommendation: The Police Department recommends the Council authorize the Mayor to sign the Sch Resource Officer contract for the 2004-05 school year, increasing the annual amount paid to the City School District #121 from $20,000.00 to $23,000.00. Background / Analysis: In 1999 the Police Department, with the agreement and cooperation of School District #121, instituted the School Resource Officer (SRO) program. The program places a uniformed, fully commissioned officer at the Port Angeles High School on a full time basis. The officer is also available to address law enforcement issues that arise at Port Angeles middle schools. The SRO program has been very well received by members of the Police Department, school district staff, and the citizens of Port Angeles. Under the historical terms of the agreement between the City and the school district the district paid $20,000.00 annually to offset the cost of one full-time police officer. The agreement proposed for the 2004-05 school year increases the school district's contribution to $23,000.00. 35 36 AGREEMENT BETWEEN THE CITY OF PORT ANGELES and PORT ANGELES SCHOOL DISTRICT #121 for THE HIGH SCHOOL RESOURCE OFFICER PROGRAM THIS AGREEMENT, made and entered into this day of '2004 by and between the Port Angeles School district #121 (hereinafter referred to as School District) and the City of Port Angeles (hereinafter referred to as City). WHEREAS, the Port Angeles School District #121 and the City of Port Angeles agree that it is in the best interest of both parties to assign a School Resource Officer to the School District; and WHEREAS, the Port Angeles School District #121 agrees to share the cost of and provide facilities for the aforementioned School Resource Officer; NOW, THEREFORE, it is mutually agreed as follows: The Port Angeles Police Department (hereinafter referred to as Department) will assign one regularly employed Port Angeles police officer to serve as a School Resource Officer (hereinafter referred to as SRO) to the School District's high school. This SRO will provide a uniformed presence on campus to promote safety and serve as a positive resource to the high school and surrounding neighborhoods. The SRO will patrol the assigned school and surrounding areas in order to identify, investigate, deter, and attempt to prevent crime, especially those incidents involving weapons, youth violence, harassment, gang involvement, drugs, or other similar activities. In addition, the SRO will provide students, parents, teachers, administrators and neighborhood residents with information, support, and problem -solving mediation and facilitation. II The SRO shall at all times remain an employee of the City. The SRO shall remain responsive to the supervision and chain of command of the Department which shall be responsible for his/her hiring, training, and discipline. Any allegation of improper conduct by an SRO shall be referred to the SRO's immediate Department supervisor or directly to the Chief of Police. The SRO will be assigned to the School District on a full-time, forty (40) hour work week during the school year, minus any scheduled vacation time, sick time, training time, court time, or any other police -related activity, including any emergencies such as civil disasters. Scheduling for the SRO while school is in session will be determined by mutual agreement of the School District administration, the SRO, and the SRO's police supervisor. The SRO will not take vacation while school is in session unless approved by his/her police supervisor. On scheduled work days when school is not in session (summer vacation, school breaks, holidays, etc.), the SRO will work on assignments as determined by his/her police supervisor. School Resource Officer - agreement 1 37 Overtime hours for the SRO that relate to regular law enforcement duties or that reasonably relate to SRO duties must be authorized and approved by the police supervisor prior to the performance of the overtime work and will be paid in accordance with established Department policies and procedures. Nothing in this agreement prevents the School District from hiring off-duty City of Port Angeles police officers to provide security at sporting events or other special events. The terms of this Agreement do not cover off-duty officers hired for these purposes. III Selection and appointment of the SRO will be made in cooperation with the School District and the Police Department. Requirements for the SRO assignment shall include: • The SRO must volunteer for the assignment. The SRO must have a minimum of two years of police service in a municipal or county law enforcement agency and have an Associates Degree or the equivalent in credit hours. • The SRO must have an expressed desire and ability to engage in direct daily activity with students, school staff, parents, and the public. The SRO must convey a positive police presence on the school campus and in the community. • The SRO must be highly motivated, productive, demonstrate high levels of self -initiative and innovation, and be able to work well with minimal supervision. The SRO must be in good physical condition and present and maintain an excellent uniformed appearance. • The SRO must have the ability to be a positive resource to the school staff, students, parents and residents in the surrounding neighborhoods. The SRO's education, background, experience, interest level and communication skills must be such that the SRO can effectively and accurately be a resource, liaison and mentor at the schools he or she serves. • The SRO must agree to attend any necessary training or classes necessary to increase his or her skills for the position. Based on selection criteria cited herein, the Chief of Police shall appoint the SRO. If requested by either party, the School District and Department may appoint two members each to a Selection Committee, which shall have the role of interviewing, evaluating and recommending the appointment of the officer selected by the Department to serve as the SRO. SRO assignment vacancies will be filled in accordance with this Agreement. In the event of the resignation, dismissal, or long-term absence (more than 30 days) of the SRO, the Department shall provide a replacement within 30 school days of the notification of the absence. In the interim, existing resources will be scheduled to provide partial coverage to the School District. IV In the event the Principal of the school to which the SRO is assigned has cause to believe that the particular SRO is not effectively performing in accordance with this Agreement, the Principal may recommend to the School District and Department, in writing, that the SRO be removed from the program. To initiate the replacement of an SRO, the Principal will recommend to the District Superintendent that the SRO be replaced, stating the reasons in writing. Within a reasonable period of time after receiving the recommendation, the School Resource Officer - agreement 2 Superintendent or his/her designee will meet with the Chief of Police or his/her designee, to mediate or resolve the problem that may exist. If the problem cannot be resolved or mediated, in the opinion of both the Superintendent and Chief of Police, or their designees, the SRO will be removed from the program and a replacement SRO will be selected in accordance with this Agreement. This process shall not exceed thirty days. V The duties and responsibilities of the SRO while on duty include, but are not limited to, the following: • Regularly wear the official police uniform, including firearm, with civilian attire being worn on such occasions as may be mutually agreed upon by the Principal and the SRO. • Establish and maintain a working rapport with the school administrator and school staff. • Act as a resource person in the area of law enforcement education at the request of the staff, speaking to classes on criminal law, search and seizure, drugs, motor vehicle laws, etc. • Assist in providing school-based security during the regular school day and assist in the promotion of a safe and orderly environment at the School District's high school. The SRO shall not act as a disciplinarian; I however, the SRO may assist the school with discipline problems upon request by the Principal or other administrator and, if the problem or incident is a violation of the law, will determine whether law enforcement action is appropriate. • Investigate crimes or other school -related incidents on campus and in the surrounding neighborhoods, making arrests when appropriate, and making the necessary notifications to parents, school staff and social service agencies. • Assist in mediating disputes on campus, including working with students to help them solve disputes in a non-violent manner. • Participate in school staff meetings, PTA presentations, and other parent -involvement programs. • Maintain an activity log, to include all SRO activities such as meetings, conferences, extra -curricular events, arrests, investigations, training, and any other items or occurrences which are required by the school or police supervisor. • Provide a monthly report, based on the activity log, to the police supervisor and principal. • Perform other duties as mutually agreed upon by the Principal and the SRO, provided the duty is legitimately and reasonably related to the SRO program as described in this Agreement and is consistent with Federal and State law, local ordinances, Department and School District policies, procedures, rules and regulations. VI In return for the City providing SRO services to the high school, the School District will: • Provide private office space at the high school to be used by the SRO for general office purposes, equipped with a desk, chair, 4 -drawer locking cabinet, telephone and reasonable office supplies. • Police only parking space. School Resource Officer - agreement 3 39 VII The School District agrees to pay the City $23,000 as its share of the SRO program costs for the period of September 7, 2004 to June 16, 2005. The School District and City agree to negotiate program costs annually for any subsequent period. VIII Both parties understand and agree that the City is acting hereunder as an independent contractor, with the following intended results: Control of personnel, standards of performance, discipline and other aspects of performance shall be governed entirely by the Department; All persons rendering SRO services hereunder shall be for all purposes employees of the City; • All liabilities for salaries, wages, any other compensation, work related injury or sickness of the SRO shall be that of the City. Both parties understand and agree that the School District retains its legal responsibility for the safety and security of the School District, its employees, students and property, and this Agreement does not alter that responsibility. IX The City will protect, defend, indemnify, and save harmless the School District, its officers, employees and agents from any and all costs, claims, judgments or awards of damages arising out of or in any way resulting from negligent acts or omissions of the City, its officers, employees or agents related to the performance of the City's duties under this Agreement. The School District will protect, defend, indemnify and save harmless the City, its officers, employees and agents from any and all costs, claims, judgments or awards of damages arising out of or in any way resulting from the negligent acts or omissions of the School District, its officers, employees or agents related to the activities covered by this Agreement. Both Parties understand that no significant impact on the environment will result from services rendered hereunder. XI This Agreement expresses the entire agreement of the parties and may not be altered or modified in any way unless such modifications are reduced to writing, signed by both parties and affixed to the original Agreement. XII This Agreement may be terminated only after sixty (60) days written notice given by one party and received by the other. Any termination of this Agreement shall not terminate any duty of either party that has matured prior to such termination. This Agreement will expire on June 30, 2005 unless mutually extended by the parties in writing. As evidence of their Agreement, both parties, through their authorized agents, having read and understood the above and foregoing, and with the intent to be bound hereby, hereby execute this Agreement on the date last entered below. School Resource Officer - agreement 4 M PORT ANGELES SCHOOL DISTRICT CITY OF PORT ANGELES 0 Dr. Gary Cohn, Superintendent 0 Richard Headrick, Mayor Date: Date: ATTEST: Becky Upton, City Clerk IV Approved as to Form: William Bloor, City Attorney School Resource Officer - agreement 5 42 City Council Memo Date: November 1, 2004 To: City Council From: Thomas E. Riepe, Police Chief William E. Bloor, City Attorney%�'�,g Re: Adoption of New Animal Control Ordinance Summary: The Police Department and City Attorney's Office, with much input and assistance from local animal welfare groups and veterinarians, have prepared the attached Animal Control Ordinance (29 pages) for Council consideration. It revises the entire existing code, title 7 on animal control. At its October 18, 2004 meeting, the Council discussed the proposed ordinance and heard public testimony from two veterinarians, two citizens, and the Chairman of the Law Enforcement Advisory Board. All speakers strongly supported the ordinance as presented. The applicable fees and costs pertaining to the new ordinance will be presented in the near future to the Council by the Finance Department. Recommendation: It is recommended by the Police Department and the City Attorney's Office that the City Council adopt the new Animal Control Ordinance as presented. Background/Analysis: The City Attorney's Office and Police Department recommend that the existing Animal Control Ordinance be repealed in its entirety and replaced with the new proposed ordinance. An October 13, 2004 news release (attached) announced the presentation of the new proposed Animal Control Ordinance to the City Council at its October 18, 2004 meeting, with a request for public input at that time. No negative public comment was presented to the Council at the meeting. The proposed ordinance includes new and additional language, including but not limited to the following topics: • Dangerous and potentially dangerous dogs; enclosures • Dog and cat licensing • Control of dogs and cats • Impound procedures • Enforcement and penalties • Animal cruelty 43 • Inherently dangerous animals • Hunting • Fees The proposed ordinance was crafted to provide, where possible, consistency with Clallam County's Animal Control Ordinance. This will better provide for future intergovernmental cooperation and delivery of animal control services. (Staff believes that, in the future, an economy of scale and enhanced animal control services may be attained through intergovernmental animal control partnerships.) The new ordinance contains language that better and more thoroughly addresses the humane treatment, care, and control of animals. It also reduces some first time offenses from misdemeanor crimes to non -criminal infractions. The chapters on inherently dangerous animals and hunting are new. The existing ordinance didn't address these important areas. lyhe welfare, care, and control of animals are very important and emotional issues to many members of the community. Staff believes the proposed ordinance, which is supported by local veterinarians and animal welfare groups, is a good balance and major improvement over the existing ordinance. The new proposed ordinance was reviewed and supported by the Public Health and Safety Committee and the Law Enforcement Advisory Board, which includes Dr. Dennis Wilcox, a local veterinarian, and Mr. Joe Girard, a past board member of the Humane Society of Clallam County. Attachment (1): New Animal Control Ordinance 101-04-025 M11 Port An g a e ��: artment p TOL A G RELEASED To: ❑x PENINSULA DAILY ❑x PENINSULA NEWS CONTACT PERSON: CHIEF THOMAS E. ,e TE: 4,033/2'0047, WA SEQUIM GAZETTE ~El RADIO PACIFIC RIEPot NUMBER: (360) 417-4901 The City Council of Port Angeles at its Monday, October 18, 2004 City Council meeting which starts at 6:00 P.M. will hear presentations on two ordinances, an ordinance relating to the use of motorized foot scooters and an ordinance relating to the control of animals. The city manager has requested that the council review the proposed ordinances at its October 18, 2004 meeting. Action to adopt the ordinances, with any changes if so desired, would take place at the Monday, November 1, 2004 meeting. Copies of both draft ordinances are available at the Port Angeles Police Station, Monday— Friday from 9:00 A.M. to 3:00 P.M. More specific questions about the proposed ordinances can be answered by contacting Chief Thomas E. Riepe at 417-4901 or City Attorney William E. Bloor at 417-4531. The police station is located at the west end of the City Hall complex at 321 E. 5`h Street. City Council Members City Manager Mike Quinn Port Angeles Police Department • 321 E. 5h St. • Port Angeles, WA 98362-3206 Phone: (360) 452-4545 • Fax: (360) 417-45454 Email: papolicea,ci.port-angeles.wa.us Thomas E. Riepe, Chief of Police • Phone: (360) 417-4901 4 Email: triepe(ri?ci.port-angeles.waxs EM ORDINANCE AN ORDINANCE of the City of Port Angeles, Washington relating to the control of dogs, cats, domestic livestock, and exotic animals. The ordinance provides for levels of animal control within the City of Port Angeles designed to protect human heath and safety, and prevent injury to human, animals or property. Title 7, Animals, of the Port Angeles Municipal Code is repealed in its entirety and replaced with a new Title 7. THE CITY COUNCIL OF THE CITY OF PORT ANGELES does hereby ordain as follows: Section 1. 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Title 7 ANIMALS Chapters: Purpose 7.01 General Provisions 7.02 Dogs and Cats 7.03 Potentially angerous and Dangerous Dogs 7.04 Livestock 7.05 Rabies and Quarantine 7.06 Impound Procedures 7.07 Enforcement and Penalties 7.08 Leash Control Area 7.09 Animal Cruelty 7.10 Inherently Dangerous Animals 7.11 Hunting Chapter 7.01 GENERAL PROVISIONS Sections: 7.01.010 Purpose 7.01.015 Enforcement Authority 7.01.020 Complaint Filing & Investigation 7.01.025 Animal Control Records & Revenues 7.01.030 Definitions 7.01.035 Responsibility for Payment of Costs & Fees 7.01.040 Animal Shelter 7.01.045 Disposal of Animal Carcasses and Remains 7.01.050 Agreements 7.01.055 Severability 7.01.060 Effective Date 7.01.010. Purpose. It is the purpose of this Title to provide a means of controlling animal behavior so that such behavior shall not endanger human safety or become a public nuisance. It is also the purpose of this title to provide for the humane use care and treatment of animals. -18- 7.01.015. Enforcement Authority. The Animal Control Authority of the City of Port Angeles is vested in the Chief of Police, who may delegate animal control duties as he/she may determine. 7.01.020. Complaint Filing & Investigation. The primary Animal Control Officer designatedy the Chief of Police shall keep records relating to seizure, impoundment, violations, and complaints concerning animals, and records of potentially dangerous and dangerous animals. Such officer has primary responsibility for investigation of citizen complaints, issuance of citations, and is responsible for making initial classifications of potentially dangerous and dangerous animals. Any citizen may request that a particular animal be declared dangerous or potentially dangerous by filing an affidavit or certified statement setting forth all pertinent known information about such animal with the Police Department. An Animal Control Officer may issue ssue citations to any owner who commits or whose animal does or commits any prohibited act, event, or conduct under this Title. 7.01.025. Animal Control Records and Revenues. A. City Treasurer Records. The City Treasurer shall maintain accurate records on the number of licenses sold and revenues received under this Title. B. Animal Control Officer Records. In addition to those records referred to in Section 7.01.020, the Animal Control Officer shall maintain accurate records and submit a monthly report to the Chief of Police on the following items: 1. Number of complaints received; 2. Number of animals apprehended by type, 3. Number of animals redeemed; 4. Number of animals destroyed, 5. Number of animals declared potentially dangerous, 6. Number of animals declared dangerous, and 7. Number of citations issued. C. Revenues. All revenues received from the animal control program shall be deposited in and become a part of the General Fund of the City. 7.01.030. Definitions. In construing the provisions of this Title. except where otherwise plainly_ declared or clearly apparent from the context, words used herein shall be given their common and ordinary meaning, in addition, the following definitions shall apply: A. "Abandon" means to desert, leave behind, or quit providing for an animal. B. "Abatement" means the termination of any violation by reasonable and lawful means in order that aperson or persons presumed to be the owner shall comply with this Chapter. C. "Abuse" means to mistreat or wrongfully use an animal. D. "Adult Doiz or Cat" means any dog or cat over the age of six 6) months. E. "Agent of the Owner of Livestock" means any person who rents pasture to the owner of livestock or any person who is the caretaker of the pasture or livestock. F. "Ameliorate" means to make or become better: improve. G. "Animal" means any domestic animal as defined in Section 7.01.030 R., any -19- 65 inherently dangerous animal kept by any person as defined in Sections 7 01 030 CC and 7.01.030 DD, and all livestock as defined in Section 7.01.030 II. H. "Animal Control Authority" means the City of Port Angeles acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county and state and the shelter and welfare of animals. 1. "Animal Control Officer" means any individual employed, contracted or appointed by the Animal Control Authority for the purpose of aiding in the enforcement of this Title or any other law or ordinance relating to the licensing_of animals, control of animals or seizure and impoundment of animals. Animal Control Officer includes any state or local law enforcement officer, police officer, or other employee whose duties in whole or in part include assignments which involve the enforcement of animal control laws. Animal Control Officer also includes those Humane Society employees authorized by the court, pursuant to RCW 16.52.011 to enforce animal control laws. J. "Animal Shelter" means a facility which is used to house or contain stray, homeless, abandoned, or unwanted animals and which is owned operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization or person devoted to the welfare protection and humane treatment of animals. K. "Bite" means the act of the animal's teeth seizing or penetrating human or animal skin or clothing. L. "Canine" means a Canis familiaris, bred in a great many varieties and includes both male and female, and hereafter referred to as dog. M. "Commercial Kennel or Cattery" means: 1. Any establishment, person, or business which takes in for resale or boarding another person's dogs or cats. 2. Any establishment, person, or business which produces for sale more than one (1) litter of cats or dogs per year. N. "Committed" means a notice of civil infraction was issued, and the infraction was not dismissed by the court, and the court entered a default judgment for the infraction or determined that the infraction was committed, regardless of the filing o, f any ppeal by the violator or the violator's failure to respond to a notice of civil infraction. O. "Cruelty" means every act or failure to act which results in unnecessary physical pain or suffering to an animal. P. "Dangerous Dog" means any dog that inflicts severe injury on a human being without provocation on public or private property, or kills a domestic animal without provocation while the dog is off the owner's property, or has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog a ag in aggressively bites, attacks, or endangers the safety of humans. Q "Director" means the Chief of Police or his/her designee. R. "Domestic Animal" means an animal, such as any dog, cat rabbit bird or other animal normally kept as a pet. S. "Equestrian" means a person who is riding or leading any horse. T. "Euthanasia" means the humane destruction of an animal accomplished by a method -20- that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness and death during such loss of consciousness and which is performed according to current American Veterinary Association guidelines. U. "Feline" means a Felis catus, bred in a great many varieties, and includes both male and female and hereafter referred to as cat. V. "Feral" means any wild animal or any animal having escaped from domestication and becoming wild. W. "Harboring" means allowing any animal to remain, be lodged, fed, or sheltered on the property one owns, occupies or controls, for more than twenty-four (24) hours. X. "Harboring of an Inherently_ Dangerous Mammal and/or InherentlDangerous Reptile means to allow an inherently dangerous mammal, inherently dangerous reptile, or any other inherently dangerous animal to remain, lodge, be fed, or be given shelter or refuge within the person's home, store, yard, enclosure, outbuilding, abandoned vehicle or building, place of business, or an,, other in which the person resides or over which the person has control. Y. "Horse" means a domesticated Equine, bred in a great many varieties, and includes other animals such as mules and jackasses. Z. "Hours of Darkness" means the hours from one-half (1/2)hour after sunset to one- half (1/2) hour before sunrise, and any other time when persons or objects may not be clearly discernible at a distance of two hundred feet. AA. "Humane Trapping;" means capturing any animal without causing intentional injury or death to the animal, and providing reasonable protection and care for the animal until it is delivered to a shelter or turned over to an Animal Control Officer or owner. BB. "Infraction" means an offense, which is not a crime and is subject to the provisions of this Chapter. CC. "Inherently Dangerous Mammal" means any live member of the canidae, felidge, ursidae families, bats, raccoons, skunks and foxes, including hybrids thereof, which, due to their inherent nature, may be considered dangerous to humans, and which includes: 1. Canidae, including any member of the dog (canid) family not customarily domesticated by man, or any hybrids thereof, such as wolf hybrids, but not including domestic dogs (canis familiaris). 2. Felidae, including any member of the cat family not customarily domesticated by man, or any hybrids thereof, but not including domestic cats (Fells catus). 3. Ursidae, including any member of the bear family, or any hybrids thereof. 4. Bats, raccoons, skunks or foxes. DD. "Inherently Dangerous Reptile" means any live member of the class reptilia which: 1. is venomous, including, but not necessarily limited to, all members of the following families: Helodermidae (Beaded Lizards - Gila Monster, Mexican Beaded Lizard), Viperidae (Vipers and Adders), Crotalidae (Pit Vipers), Altractaspididae (Mole Vipers), Mdrophilidae (Sea Snakes), and Elapidae (Cobras): or 2. is a "rear fanged" snake of the family Colobridae (rear fanged snakes) that are known to be dangerous to humans, including, but not necessarily limited to, all members of the following families: Dispholidus typus (Boomslang Snake), Thebtornis kirtlandii (Twig Snake), and Rhabdo phis spp. (Speckled Belly Keelback and Red Necked Keelback), or -21- 67 3. is a member of the order Crocodilia (crocodiles, alligators, and caiman). EE. "Lawful Fence." In addition to the description of lawful fence described in the Revised Code of Washington, lawful fence shall mean any fence or physical barrier with the capability of safely holding/restraining the animal(s) being secured within. FF. "Leash" means a chain, rope, leather strip, nylon strip, or other device that is in good condition and capable of holding/restraining the animal to which it is attached to a distance of no more than six feet. GG. "Leash Control" means a dog is on a leash and under responsible human control in all areas of the City. HH. "Livestock" means horses, mules, jackasses, cattle, sheep, llamas, alpacas,og ats, swine, poultry, and rabbits. Il. "Microchip" means a commercially sold and nationally recognized and re isg tered with the City of Port Angeles, small magnetic device commonly inserted under the skin of an animal and which contains a magnetic or electronic animal identification number. JJ. "Neglect" means the act of leaving an animal without food, water, or care in a situation where the conditions present an immediate, direct, and serious threat to the life, safety, or health of the animal. KK. "Notice of Violation" means a verbal warning, or a written warning, or a civil notice of infraction. LL. "Notification" means the service of a notice on the animal's owner, any resident of the owner's residence, or the mailing of the notice by certified and regular mail. MM. "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping having an interest in, or having control or custody of an animal. Owner also means any person, firm, corporation, organization or department having interest in or having control or custody of property_ NN. "Poultry" means chickens, turkeys, ratites, and other domesticated fowl. 00. "Premises" means any house, dwelling unit, or building and the curtilage thereof. PP. "Private Kennel or Cattery" means any establishment, person, or business having more than four (4) adult dogs, or more than four (4) adult cats, or more than a combination of 4 thereof and producing no more than one (1) litter of dogs or cats for sale per year. QQ "Proper Enclosure of a Dangerous Dog" means that on the owner's property a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides, a secure top, an escape proof floor, and shall also provide protection from the elements for the dog. RR. "Public Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular traffic. SS. "Quarantine" means the placing and restraining of any animal by agents in charge thereof within a certain described and designated enclosure or area within the City, as may be directed by an Animal Control Officer. TT. "Rabies Vaccination Certificate" means a rabies vaccination certificate issued by a licensed veterinarian. The certificate shall be signedy the veterinarian and shall indicate the expiration date of the vaccination, the type of vaccine used, and an identifyingdescription of the -22- animal vaccinated. UU. "Ratite" means ostrich, emu, rhea, or other flightless bird. VV. "RCW" means Revised Code of Washington. WW. "Right of Way' means the entire width between the boundary lines of every way Dubliclv maintained when anv Dart thereof is oven to the use of the public for purposes of vehicular travel. XX. "Running At Large" means to be off the premises of the owner and not under the control of the owner or competent person authorized by the owner. YY. "Running in Packs" means a group of three or more dogs running upon either public or private property, not that of its owner, in a state in which either its control or ownership is in doubt or cannot readily be ascertained, and when such dogs are not restrained or controlled. ZZ. "Severe Injury" means any physical injury that results in broken bones or disfi urine lacerations requiringy multiple sutures or cosmetic surgery, or multiple bites to a human. AAA. "Shelter Officer" means any individual employed by a shelter for the purpose of I controlling and providing care for impounded and surrendered animals or destroying animals by euthanasia. BBB. "Under Control" means the animal is under leash control or caged so as to be thereby restrained from approaching an other person, other animal, or entering upon the property of another and from causing or being the cause of physical injury or property damage_ provided that dogs under proper supervision engaged in agricultural activities, or dogs used by law enforcement agencies, or any animal when otherwise safely and securely confined or completely controlled within or upon any vehicle are considered under control. CCC. "Vehicle" means every device, including bicycles, capable of being moved upon a public or private roadway and in, upon, or by which any person may be transported. DDD. "Working Dog" means any dog which is trained to be used for the control, protection, or herding of livestock for farming purposes and which is so engaged and behaving according to its training EEE. "Zoonotic" means a disease communicable under natural conditions from animals to humans. 7.01.035. Responsibility for Payment of Costs & Fees. It is the responsibility of the owner of every animal treated, impounded, and/or destroyed under this Title to pay the costs of treatment, transportation, housing, impoundment, euthanasia, and fees for such animal. Abandonment of the animal does not relieve the owner of such responsibility. It is unlawful for the owner of animals treated, impounded, and/or adopted pursuant to the provisions of this Title to fail to or refuse to pay the impound fees, transportation, boarding, veterinary care, licensing, adoption, euthanasia costs, fines, restitution or other required fees or costs as set forth in this Title. Violations shall be a misdemeanor. -23- Any provider, other than the City of Port Angeles of services under this Ordinance, including but not limited to transportation medical veterinary services boarding, or euthanasia, shall seek payment directly from the owner of the animal and shall not seek or be entitled to payment from the City of Port Angeles except that the provider may seek payment from the City of Port Angeles when the animal is referred to the provider by the City and the owner is unknown In cases where the animal is referred to the provider by the City and the animal is not wearing a license tag scanning for microchip is unsuccessful and no owner is known, medical care may be limited by the City o providing humane euthanasia of the animal. 7.01.040. Animal Shelter. A. The City may contract with an animal shelter for detaining animals surrendered to or apprehended by City Animal Control Officer(s). B. The Animal Shelter shall have facilities for housing animals that are injured or ill, or possibly contagious with infectious disease-, facilities for housing dogs and cats under quarantine,• and facilities for the humane destruction of animals by euthanasia. C. The Animal Control Authority shall operate said shelter(s) or contract with a public or private or non-profit organization for shelter services. D. Shelter Officers employed by the shelter shall have the authority to collect license fees as set forth in Section 3 70 120 PAMC and impound fees and costs as set forth in Section 3.70.120 PAMC. E. No animal covered under the City's contract for animal sheltering shall be used, sold loaned or given away for medical or research purposes whether the animal is dead or alive. 7.01.045. Disposal of Animal Carcasses It shall be unlawful to dispose of or dump dead animals animal carcasses or animal parts on public property. It shall be unlawful for a commercial establishment charging for the disposal of animals to dispose of animals by dumping or burying without proper permits Violation of this section shall be a misdemeanor. Disposal of Animal Carcasses must comply with PANIC 8.24 Disposal of Dead Animals. 7.01.050. Agreements The City Council may enter into agreements withany veterinarian governmental agency, city, corporation or individual it deems necessary to cam out the provisions of this Title. 7.01.055. Severability. If any portion of this Title is held invalid, it is the intent of the City Council that such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this Title. 7.01.060. Effective Date This Title shall take effect ten days after adoption, except that the mandatory licensing_ requirements contained in Chapter 7 02.015 shall take effect on January 1, 2005 . -24- 70 Sections: 7.02.010 7.02.015 7.02.020 7.02.025 7.02.030 7.02.035 7.02.040 Chapter 7.02 DOGS AND CATS Dog and Cat Licensing - Regulations Dog and Cat Licensing - Civil Violations Dogs and Cats Kept Outside Control of Dogs and Cats - Civil Violations Unlawful Release Animal Waste - Owner Responsibility Humane Trapping or Catching of Dogs and Cats - Procedure 7.02.010. Dog and Cat Licensing - Regulations. A. All dogs and cats over the age of six 6) months shall be licensed. Dogs and cats younger than 6 months and vaccinated for rabies may be licensed. A current rabies vaccination certificate must be presented wben purchasing_a dog or cat license. A late penalty shall be added if the owner fails to renew a license within thirty (30) days of expiration. There shall be a fee for replacement of any lost license tag. License fees may be paid to either City or private licensing outlets as designated by the Director. A service charge in addition to the re ug larly set fees maybe collected and retained by all private licensing outlets designated by the Director for each animal license issued. Upon payment of the license fee, the licensing outlet shall give to the owner of such animal a license and metallic tag for each animal licensed and shall transmit the license form to the Animal Control Authority which shall maintain records of all licenses. B. All licenses issued pursuant to this Chapter shall be dated and numbered, and shall bear the name of the City of Port Angeles, the name and address of the owner of the dog or cat, and a description of the dog or cat. A metallic tag bearing a serial number corresponding to the number of the license will be issued to the owner. If the owner presents proof that the dog or cat is microchipped, the microchip number will be recorded on the license. Neither the City nor the animal shelter shall be liable for the failure of a scanner to detect the presence of a microchip. C. It shall be the duty of every owner to attach the valid metallic license tag to the collar worn by his/her dog or cat when the dog or cat is off the owner's property. D. Upon the sale or other transfer of ownership of any dog or cat, the dog or cat shall be re -licensed by the new owner. E. All license fees, late penalties, and service charges collected under the provisions of this Section, other than civil penalties and criminal fines, are set forth in Chapter 3.70 PAMC. The animal control authori . may, at its discretion, temporarily reduce license or other fees at special events or clinics held to encouragepliance with this ordinance. F. Exceptions: Licenses are not required in the following circumstances: 1. Nonresidents temporarily residing in the City of PortAngeles for a period less than sixty (60) days,provided, however, that animals classified as dangerous or potentially dangerous must be registered within 24 hours as provided in Section 7.03.040E PAMC. 2. Dogs or cats held for rehabilitation by a recognized rescue organization, -25- 71 except that such dogs cannot be bred nor can they be held for longer than ninety (90) days without licensing. 7.02.015. Dog and Cat Licensing - Civil Violations. The following dog and cat licensing regulations are desi n� ed to protect public health and safety and the welfare of dogs and cats. The owner of a dog or cat shall license his/her dog or cat as required in Section 7.02.015. The violation of Subsections (3) or 4) or (5) is a Class 1 civil infraction per state law. It is unlawful for any person to violate anv of the following regulations: A. Owning an unlicensed dog or cat over the age of six (6) months. B. Owning a dog or cat over the age of six (6) months that is off its owner's property while not wearing a collar with a current valid metallic license tag attached; C. Owning a dog or cat wearing a license tag registered to another do or r cat; D. Removing a license tag from any dog, or cat without the authorization of the owner of the dog or cat, or; E. Falsely representing whether any dog or cat is neutered, non -neutered, spayed, non - spayed, or microchipped for the purpose of securing a dog or cat license. 7.02.020. Dogs and Cats Kent Outside. Every dog or cat kept or left outdoors shall have food, water, and shelter available. A. Food shall be available daily; water shall be available at all times. B. Shelter shall be available at all times and shall consist of a structure, which has a watertight roof and is capable of protectingthe dog or cat from the elements. The structure must be large enough for the dog or cat to enter, be able to stand up, turn around, and lie inside. 7.02.025. Control of Dogs and Cats - Civil Violations. A. The following dog and cat control regulations are designed to protect public health, safety and the welfare of dogs and cats. The owner of a dog or cat is strictly liable to control his/her dog or cat as required herein. This means that the penalty for violation of these regulations is imposed without regard to the intention of the violator. The violation of subsection (1) of this Section is a Class 1 civil infraction. It is unlawful for the owner of a dog or cat to fail to prevent said dog or cat from: 1. Inflicting a bite on a human or animal (except where the animal has entered onto the dog or cat owner's property where the dog or cat is confined); 2. Runningat large_ 3. Not being under leash control while off the owner's property; 4. Entering anyplace where food is stored, prepared, served or sold to the public. This Section shall not apply to any service animals serving the blind, deaf, disabled, or others with a recognized need, or to dogs used by armored car services, private security companies, or law enforcement agencies; 5. Any public building or hall without official permission. This Section shall not apply to any service animals serving the blind, deaf, disabled, or others with a recognized need; or to dogs used by armored car services, private security companies, or law enforcement agencies; _ 6. Being accessible to other dogs or cats, while in heat, for purposes other than -26- %2 controlled or planned breeding; 7. Chasing, running after, or jumping at vehicles using public roadways_ 8. Snapping, growling, snarling, barking arking in a threatening manner, jumping upon, chasing, or otherwise threatening persons while the dog is not restrained and is off the propem of the owner, 9. Howling, yelpin , whining, barking, arking, or making other noises in such a manner as to disturb any person or groups of persons to an unreasonable degree, except that working dogs as defined in section 7.01.030 EEE are exempted. The followingexamples xamples constitute prima facie evidence of disturbing a person or group to an unreasonable degree, provided, however, these examples are not exclusive. La,) Two ormore complaints from different complainants within a 24-hour period. Lb) Barking, howling_ yelping, or whining for more than one-half hour. Lcj Prolonged barking, defined as one-half hour or longer, between the hours of 10 PM and 7 AM. 10. Entering upon another person's property without the authorization of that person-, 11. Being kept, harbored, or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian, 12. Running in packs while off the owner's property; 13. Damaging or destroying the property of another person, including destroying wildlife that has purposefully been attracted to the person's property; 14. Being staked, tethered, or kept on public propeqy or places of public accommodation without prior consent of an Animal Control Officer, or 15. Entering another's property and injuring or killing any animal that is housed in an adequate enclosure or cat that is on its owner's property. 7.02.030. Unlawful Release. It is unlawful for a person to release any animal not belonging to them from a tether line, run, chain, fenced area, or any other means used to restrain/secure the animal. The only exception would be if failure to release the animal would result in injury or death to the animal. 7.02.035. Animal Waste - Owner Responsibility. The owner of any dog or cat, which defecates while off its owner's property, shall pick up, bag and properly dispose of the waste. 7.02.040. Humane Trannin2 or Catching of Dogs and Cats - Procedure. Any person eiRhteen (18) years of age or older may humanely trap or catch any dog or cat that has entered the premises of that person's property without authorization. After trapping or catching any dog, or cat, the person shall deliver it to the animal shelter or turn it over to the animal's owner or an Animal Control Officer within twenty-four (24) hours. In the event a trapped animal is intentionally injured or harmed by the trapper or the trapper intentionally fails to turn the animal over to the animal shelter, animal's owner. or an Animal Control Officer within twentv-four (24) hours, it shall be a misdemeanor crime. -27- 73 Chapter 7.03 POTENTIALLY DANGEROUS AND DANGEROUS DOGS Sections: 7.03.010 Potentially Dangerous Dog - Reasons to Declare. 7.03.020 Dangerous Dog - Reasons to Declare. 7.03.030 Declaration of Potentially Dangerous or Dangerous Dog - Notice, Hearing and Appeal. 7.03.040 Potentially Dangerous Dog - Registration, Requirements, Annual Fee 7.03.050 Dangerous Dog - Certificate of Registration, Requirements. 7.03.060 Potentially Dangerous Dog - Requirements for Restraint and Enclosure. 7.03.070 Dangerous Dog - Requirements for Restraint and Enclosure. 7.03.080 Potentially Dangerous or Dangerous Dog - Ownership, 7.03.090 Potentially Dangerous or Dangerous Dog - Violations and Penalties. 7.03.100 List of Potentially Dangerous and Dangerous Dogs. 7.03.010. Potentially Dangerous Dog - Reasons to Declare. A. An Animal Control Officer may declare as potentially dangerous any do that: hat: 1. When unprovoked, inflicts a bite on a human or domestic animal or livestock (except where the animal has entered onto the dog owner's property where the dog is confined); 2. When unprovoked, chases or threatens a person upon the streets, sidewalks, any public grounds, or upon private property other than the owner's in a menacing fashion or apparent attitude of attack; 3. Has been declared potentially dangerous by any other governmental jurisdiction for similar violations of state statutes or local ordinances; or 4. Chases, harries, or harasses livestock or domestic animals while off the owner's property. B. Except that: 1. Dogs shall not be declared potentially dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog, or has in the past, been observed or reported to have tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime. 7.03.020. Dangerous Dog - Reasons to Declare. A. An Animal Control Officer may declare as dangerous any do that: hat: 1. Has inflicted severe injury on a human being without provocation; 2. Has killed a domestic animal or livestock (except where the animal has entered onto the dog owner's property where the dog is confined), 3. Has been previously found to be potentially dangerous, the owner having received notice of such, and the dog again bites, attacks, or endangers the safety of humans or domestic animals, or M. 74 4. Has been declared dangerous by any other governmental jurisdiction for similar violations of state statutes or local ordinances. 7.03.030. Declaration of Dangerous or Potentially Dangerous Dog - Notice, Hearing and Appeal. A. Whenever an Animal Control Officer finds any -dog in violation and determines that said dog should be declared dangerous or potentially dangerous the officer shall prepare a notice declaring said dog to be a dangerous or potentially dangerous dog and serve the notice as required for a summons on the owner of the dog except that if the summons cannot be served, it may be posted on the residence. The notice shall contain the following; 1. The name and address of the owner of the dog being declared potentially dap eg roust based; 2. The breed color, sex and license number (if known) of said dog; 3. The facts upon which the determination of potentially dangerous dog is 4. That the dog shall immediately be restrained as required in Section 7.03.060 or 7.03.070; 5. That the dog shall be registered within ten (10) days of receiving the notice unless a hearing is requested as provided for in Subsection 7 of this section; 6. In the case of a potentially dangerous dog that if there are future similar problems with the dog the dog could be declared a dangerous dog pursuant to Section 7.03.020 and required to be registered as provided for in Section 7.03.050; and 7. That the notice constitutes a final determination that the dog is dangerous or potentially dangerous unless the owner of the dog requests a hearing in writing within ten (10) days of service of the notice. B. In the event the owner of a dog requests a hearing as provided for in Subsection 7 03 030 A 7 a hearing shall be held within thirty (30) days of the receipt of the request for hearing unless it is continued for good cause. The responsible Animal Control Officer shall notify the owner of the date time and place of the hearing as well as the right to present evidence as to why the dog should not be declared dangerous or potentially dangerous. The hearing shall be held before the District Court of Clallam County. The hearing shall be informal and open to the public At the hearing the records of the Animal Control Officer shall be admissible evidence as to whether the dog is a dangerous or potentially dangerous dog; the owner of the dog may require an officer compiling the record to be present at the hearing, the owner of the dog may present evidence and examine witnesses present: and the burden shall be on the City Animal Control Officer to establish by a preponderance of the evidence that the dog is a dangerous or potentially dangerous dog. C. The District Court judge shall notify, in writing the owner of the dog of his/her decision within ten (10) days of the hearing. The District Court decision may be appealed as provided under the general laws of the State of Washington. D. If the potentially dangerous or dangerous dog declaration is upheld, the owner has ten (10) days from the notification date to comply with the registration requirements. E. A finding that a dog is not a potentially dangerous or dangerous dog shall not -29- 75 prevent an Animal Control Officer from seeking to have the dog declared dangerous or potentially dangerous as the result of any subsequent action b the dog. 7.03.040. Potentially Dangerous Dog- Registration, Requirements, Annual Fee. A. The owner of a dog declared potentially dangerous shall register said dog and pay the initial registration fee as set forth in Section 3.70.120 PAMC within ten (10) days of notification as provided for in Section 7.03.030, provided that if the owner requests a hearing within the ten (10) day period, the owner shall not be required to pay such registration fee until after the hearing officer makes a determination that said dog is potentially dangerous. B. The owner of a dog being declared potentially dangerous may be required by the City to have the dog equipped with a microchip. This can be done through a local veterinarian. Proof of the microchip being inserted and the microchip number shall be presented when licensing the dog. C. The owner of a dog declared potentially dangerous shall renew the registration annually and pay the renewal fee for the year as set forth in Section 3.70.120 PAMC. D. A dog license fee already paid by the owner, as set forth in Section 3.70.120 PAMC, shall not be applied toward the cost of the initial registration; however, in the second and subsequent years, the cost of renewal shall include licensing. E. Any person who bringsg or animal into the City of Port Angeles that has been declared dangerous or potentially dangerous by another jurisdiction is required to register such dog or animal with the Animal Control Authority within 24 hours, or on the first business day following the bringing of the animal into the city limits, and further to comply with all requirements as set forth by the Animal Control Authority and Chapter 7.03. 7.03.050. Dangerous Dog - Certificate of Registration, Requirements. A. The owner of a dangerous dog_must obtain a certificate of registration for such animal from the Animal Control Authority within ten (10) days of final determination of dangerous dog as provided in Section 7.04.030. The certificate of registration shall be issued only if the owner of the dangerous dog presents sufficient proof of the following: 1. A proper enclosure to confine a dangerous dog and postingof f the premises with a clearly visible sign that displaysghtly colored and clearly visible warning symbol that informs children of the presence of a dangerous dog; and 2. The owner of a dog being declared dangerous shall have the dog equipped with a microchip. This can be done through a local veterinarian. Proof of microchip beim and the microchip number shall be presented when licensingthe he dog and 3. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the Animal Control Authority in the sum of at least two hundred and fifty thousand dollars ($250,000), payable to any person injured by the dangerous dog; or 4. A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under Title 48 RCW in the amount of at least two hundred and fifty thousand dollars $250,000), insuring the owner or keeper for any personal injuries inflicted by the dangerous dog. B. The owner of a dangerous do shall hall pay an initial registration fee as set forth in -30- 76 Section 3.70.120 PAMC and thereafter pay an annual registration fee as set forth in Section 3.70.120 PAMC. A dog license fee already paid by the owner, as set forth in Section 3.70.120 PAMC, shall not be applied toward the cost of the initial registration; however, on the second and subsequent years, the cost of registration shall include licensing_ C. Any dangerous dog for which a certificate of registration or renewal has not been obtained by its owner may be impounded by the Animal Control Authority. D. This Section shall not apply to police dogs as defined in Section 4.24.410 RCW. 7.03.060. Potentially Dangerous Dog - Proper Restraint and Enclosure. A. The owner of a potentially dangerous dog shall restrain his/her dog as herein, immediately upon being notified that said dog has been declared potentialldangerous by the Animal Control Officer, regardless of the owner's intent to request a hearing or file any appeal. B. A dog declared potentially dangerous shall be restrained as follows: 1. While on the owner's property, a potentially dangerous dog shall be restrained by a fence, kennel, or sufficient) sig chain, leash, or other confinement suitable to prevent said dog from leaving the owner's property and restrained in such a manner as to keep the dog at least 25 feet from the normallypath of entrance to any occupied buildings residence, or utility meter (water, electric, etc.), or 2. While off the owner's property, a potentially dangerous dog shall be under physical restraint of the owner or other responsible person. C. While restrained on the owner's property, a potentially dangerous dog shall be provided with food and water on a daily basis and a structure which provides protection from the elements. 7.03.070. Dangerous Dogs - Requirements for Restraint and Enclosure. A. While on the owner's property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of children and designed to prevent the animal from escaping Such pen or structure shall have secure sides, a secure top, and a secure floor and shall also provide protection from the elements for a dog. B. While outside the enclosure, a danizerous dog shall be muzzled and restrained by a substantial chain or leash and under physical restraint of the owner or other responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal. C. The owner shall post the premises with a clearly visible warning sign that displays a brightly colored and clearly visible warning symbol that informs children of the presence of a dangerous dog. 7.03.080. Potentiallv Dangerous or Dangerous DoLy - Ownership/Transfer/Destruction. The owner of a potentially dangerous or dangerous dog shall not move said dog without first notifying ing the Animal Control Authority and obtaining authorization to do so. No potentially dangerous or dangerous dog shall be given, sold, adopted, or transferred to another person or organization without first notifying ing the Animal Control Authority and obtaining authorization to -31- 77 do so. Prior to destroying any potentially dangerous or dangerous dog, the owner shall give notification to the Animal Control Authority, or shall provide proof of destruction within 48 hours of the death of the dog. 7.03.090. Potentially Dangerous or Dangerous Dog - Violations and Penalties. Violation of any Section of this Chapter shall be a misdemeanor. A. It shall be unlawful for the owner of a potentially dangerous dog to: 1. Transfer ownership, move, or destroy said dog without first complying with the provisions of Section 7.03.080; 2. Fail to provide proper restraint and/or enclosure for dogs declared potentially dangerous as defined in Section 7.03.060, or 3. Fail to maintain registration and license for potentially dangerous dogs. B. It shall be unlawful for the owner of any dangerous dog to: 1. Fail to secure the liability insurance coverage or bond required hereunder; 2. Fail to post a brightly colored and clearly visible sign that displays a warning symbol that informs children of the presence of a dangerous dog_ 3. Fail to maintain the dog inside the dwelling of the owner or inside a proper enclosure; 4. Fail to keep dog under physical restraint of a responsible person and muzzled when outside the dwelling or enclosure; or 5. Transfer ownership, move, or destroy said dog without first complying with the provisions of Section 7.03.080. 6. If the dog is determined to be dangerous, the owner must pay all costs of confinement and control. C. Any dangerous dog shall be immediately confiscated by an animal control authority under the following conditions: 1. The dog is not validly registered under Section 7.03.050; 2. The owner does not secure the liability insurance coverage required under Section 7.03.050 A. 3; 3. The dog is not maintained in a proper enclosure; or 4. The dog is outside the dwelling of the owner or outside the proper enclosure and not under physical restraint of the responsible person or not muzzled. D. If a dangerous dog has been confiscated as a result of Section 7.03.090 C, the owner must pay the costs of confinement and control. The animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within twenty days. The animal control authority shall destroy the confiscated dangerous dog in an expeditious and humane manner if any deficiencies required by this subsection are not corrected within twenty days of notification. In addition, the owner shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021. -32- 7.03.100. List of Potentially Dangerous and Dangerous Dogs. A list of potentially dangerous and dangerous dogs shall be maintained by the Animal Control Authority. The list shall be made available to the public for normal copying cg osts, per Section 3.70.010 D. The list shall include the general description of the dog and the address at which the dog is normally kept. Chanter 7.04 LIVESTOCK Sections: 7.04.020 Stock Restricted Area 7.04.030 Stock at Large in Restricted Area 7.04.040 Stock on Highway Right -of -Way - Violations 7.04.050 Livestock at Large - Violations 7.04.055 Unlawful Release 7.04.060 Riding Horses - Violations 7.04.020. Stock Restricted Area. All of the City of Port Angeles is designated a stock - restricted area. 7.04.030. Stock at Large in Restricted Area. No person owning or in control of any livestock shall willfully or negligently allow such livestock to run at large in any stock -restricted area or to wander or stray upon the right-of-way of any public highway ying within a stock restricted area when not in the charge of some person. 7.04.040. Stock on Highway Right -of -Way - Violations. It shall be unlawful for any person to herd or move any livestock over, along, or across the right-of-way of any public highway, or portion thereof, within any stock -restricted area, without having in attendance a sufficient number of persons to control the movement of such livestock and to warn or otherwise protect vehicles traveling upon such public highwav from any danger by reason of such livestock being herded or moved thereon. 7.04.050. Livestock at Large - Violations. Any person who owns or has possession charge, or control of livestock shall not allow them to run at large. A. Livestock escaping from or being outside of any area fenced to restrain them more than three (3) times in a twelve (12) month period shall constitute prima facie evidence of inadequate fencing. B. It shall not be necessary for any person to fence against livestock at large, an failure to fence out livestock at large shall be no defense to any action or proceedine brought ursuant to this Chapter. -33- 79 7.04.055. Unlawful Release. It is unlawful for a person to release any animal not belonging to him/her from a tether line, run, chain, fenced area, or any other means used to restrain/secure the animal. The only exception would be if failure to release the animal would result in injury or death to the animal. 7.04.060. Riding Horses - Violations. The following_ regulations are designedprotect public health and safety as well as the welfare of equines. It is unlawful for the equestrian to violate any of the following_ regulations: A. No person shall ride or lead a horse within the City of Port Angeles on any street or alley during the hours of darkness; on the waterfront trail, or on any sidewalk or planting strip at an time. ime. B. No person shall ride any horse on any street or alley within the area bounded by Golf Course Road on the east, Lauridsen Boulevard and 14 'hStreet to the south, "C" Street on the west, and the Strait of Juan de Fuca on the north, or upon any part of Marine Drive, or in any City Park which is posted against horseback riding C. No person shall ride any horse on private property without permission of the owner or occupier thereof. D. The Police Chief may issue waivers in writing of the above prohibitions in the event of a parade or special event or licensed activity. Chapter 7.05 RABIES AND QUARANTINE Sections: 7.05.015 Dogs and Cats - Rabies Vaccination Required - Regulations 7.05.020 Dogs and Cats - Rabies Vaccination Required - Civil Violation 7.05.025 Ouarantine of Animals - Procedures 7.05.030 Quarantine at the Shelter - Procedures 7.05.040 Quarantine Upon the Premises of a Licensed Veterinarian - Procedures 7.05.045 Wolves & Wolf Hybrids 7.05.050 Failure to Comply - Civil Violation 7.05.075 Bitten Animals 7.05.080 Animal Rabies Control 7.05.015. Dog & Cat Rabies Vaccination Required - Regulations. A. All mammals kept as pets shall be vaccinated against rabies in accordance with the standards contained in the Compendium of Animal Rabies Control as amended, published by the National Association of State Public Health Veterinarians, Inc. B. In cases where animals cannot be vaccinated against rabies due to an allergic reaction to a previous rabies vaccination. the Animal Control Officer shall require the owner of said animal to provide certification by a veterinarian of the rabies vaccination allergy and of good health. -34- C. The Animal Control Officer may issue a notice of infraction to the owner of any dog or cat if the officer has reasonable cause to believe said dog or cat is not vaccinated against rabies. D. Failure or refusal by the owner to produce a rabies vaccination certificate for his/her dog or cat, upon request by the Animal Control Officer, shall be reasonable cause for the officer to issue a notice of infraction to the owner for violation of Section 7.05.020. 7.05.020. Dogs and Cats - Rabies Vaccination Required - Civil Violation. The following regulation is designedprotect public health and safety as well as the welfare of dogs and cats. The penalty for violation of this regulation is imposed without regard to the intention of the violator. It is unlawful for the owner of any dog or cat over the age of six (6) months to fail to have said dog or cat vaccinated against rabies in accordance with the standards described in Section 7.05.015 A. 7.05.025. Quarantine of Animals - Procedures. A. Whenever the Animal Control Officer suspects that any animal capable of transmitting rabies is infected with such disease or the animal has bitten, inflicting a bite wound where the skin is perforated, he/she shall immediately impound and hold the animal until the Director, his designee, or the Shelter Officer reviews pertinent details as follows: 1. Rabies vaccination status: 2. History of other incidents, 3. Provocation of attack, and 4. Need for quarantine, If, after examination of the above details, the need for quarantine is established, the Animal Control Officer shall prescribe procedures for, and a period for quarantine, not to exceed ten (10) days, and he/she shall notify the owner in writing. At the discretion of the Animal Control Officer, such animal shall be quarantined at the shelter or upon the premises of any licensed veterinarian where conditions of quarantine are strictly kept. B. The quarantined animal shall not be released from quarantine until after the period of quarantine has expired, the animal has been examined by a licensed veterinarian and found free from an�si signs or symptoms of rabies or other zoonotic disease, the required vaccinations are obtained, and the owner has paid the cost of quarantine and examination. Quarantined animals suspected to be affected by rabies shall be humanely destroyed and tested. 7.05.030. Ouarantine at the Shelter - Procedures. A. If the animal becomes sick or dies or shows any signs or symptoms of rabies during the quarantine period, the Shelter Officer shall immediately notify the Animal Control Officer. Upon notification, the Shelter Officer shall make arrangements to have the animal examined by a licensed veterinarian at the owner's expense. If the veterinarian determines or suspects that the animal is infected with rabies or other zoonotic disease, he/she shall immediately notify the Animal Control Officer and any other government authority as required by law. Upon notification, the Animal Control Officer shall notifv any person bitten by the animal of the findings of the veterinarian. -35- B. At the end of the quarantine period, and within five (5) days thereafter, the Shelter Officer shall make arrangements to have the animal examined by a licensed veterinarian at the owner's expense. The veterinarian shall examine the animal and report his/her findings as provided for in Section 7.05.040 B. 1 and 2. C. Any animal impounded and/or quarantined at the shelter shall not be released until the owner or other authorized person pays impound fees and costs as set forth in Section 3.70.120 PAMC. The owner or other authorized person redeeming an unlicensed dog over the age of six months shall also pay the license fee, and late penalty fee, if applicable, as set forth in Section 3.70.120 PAMC. D. Any animal surrendered by its owner may be humanely destroyed by euthanasia after the end of the quarantine period and after examination by a licensed veterinarian. The owner shall pay impound fees and costs as set forth in Section 3.70.120 PAMC. 7.05.040. Quarantine Upon the Premises of a Licensed Veterinarian - Procedures. A. If the animal becomes sick or dies or shows any signs or symptoms of rabies during the quarantine period, the veterinarian shall immediately implement normal rabies procedures notify the Animal Control Officer and any other government authority as required by law. Upon notification, the Animal Control Officer shall notify any person bitten by the animal of the findings of the veterinarian. B. At the end of the quarantine period, and within five (5) days thereafter, the veterinarian shall examine the animal and update required vaccinations at the owner's expense, and report his/her findings as follows: 1. If the veterinarian determines or suspects that the animal is infected with rabies or other zoonotic disease, he/she shall immediately_ notify the Animal Control Officer and any other government authority as required by law. Upon notification, the Animal Control Officer shall notify any person bitten by the animal of the findings of the veterinarian; or 2. If the veterinarian determines that the animal is healthy, he/she shall provide a signed statement (on a form provided by the Animal Control Authority) indicating that the animal was examined and found free from any signs or symptoms of rabies or other zoonotic disease. The veterinarian shall deliver or mail the statement to the Animal Control Officer. Upon receipt of the statement, the Animal Control Officer shall file the statement with his/her report and notify any person bitten by the animal of the findings of the veterinarian. 7.05.045. Wolves and Wolf Hybrids. The owner of any dog which has been declared, by a veterinarian or by acceptable documentation, as a wolf or wolf hybrid and has inflicted a bite on a human or domestic animal or livestock shall notify the Animal Control Officer of the bite. The Animal Control Officer shall impound the animal pursuant to Chapter 7.06. Any wolf or wolf hybrid that has bitten shall be euthanized by a veterinarian and shall be tested for rabies. The owner of the wolf or wolf hvbrid impounded by the Animal Control Officer will be liable for all expenses incurred. 7.05.050. Failure to Comply - Civil Violation. Therep cedin regulation is designed ed to protect public health and safetypenalty for violation of Section 7.05.045 is imposed without SM, MFA regard to any wrongful intention of the violator. Violation of Section 7.05.045 is a Class 1 civil violation. 7.05.075. Bitten Animals. The procedures outlined in the Compendium of Animal Rabies Control, as amended, published by The National Association of State Public Health Veterinarians Inc. shall be followed when an animal is bitten by another animal found to be rabid. 7.05.080. Animal Rabies Control. Any questions left unanswered in this Section will be referred to the Compendium of Animal Rabies Control, as amended, published by the National Association of State Public Health Veterinarians, Inc. Chapter 7.06 IMPOUND PROCEDURES Sections: 7.06.010 Impounding Authorized 7.06.020 Notification of Owner After Impounding 7.06.030 Requirements for Holding of Animals After Notification 7.06.040 Redemption of Impounded Animals 7.06.050 Disposition of Animals 7.06.060 Fees and Payment 7.06.010. Impounding Authorized. An Animal Control Officer may impound any animal under the following conditions: A. Any dog or cat that has been humanely trapped as provided for in Section 7.02.045. _ B. Any animal found in violation of the provisions of this Title if the owner is unknown, or if known, if the owner is not readily available. C. Any animal neglected, abused or abandoned by its owner. D. Any animal that is sick or injured and the owner is not present or able to take charge of the animal. E. Any animal remaining at the scene of a crime or accident and the owner has been incarcerated or hospitalized. F. Any animal seized by the court. G. Any potentially dangerous or dangerous dog, inherently dangerous mammal, or inherently dangerous reptile found in violation of the provisions of this Title. H. Any inherently dangerous mammal or inherently dangerous reptile which has inflicted a bite or is found runniniz at large. 7.06.020. Notification of Owner After Impounding. The Animal Control Officer upon impounding an animal shall make a complete record, entering the description and photograph of each animal. If the owner of the animal is known or if the animal is identifiable by license or other identification, the Shelter Officer shall attempt to notify the owner within forty-eight -37- hours by service or posting of notice that his/her animal has been impounded and where it may be redeemed. The reading of a license tag or the scanning for a microchip shall constitute reasonable attempts to identify the animal. The City Animal Shelter shall not be liable for the failure of a scanner to detect the presence of a microchip. 7.06.030. Requirements for Holding of Animals After Notification. A. If the owner is known, the animal shall be held at least ninety-six (96) hours after the attempt to notify is accomplished. B. If the owner is unknown, the animal shall be held at least seventy-two (72) hours after the time of impound. C. If the animal has been impounded pursuant to a quarantine and has not been found to be suffering from rabies, the animal shall be held at least seventy-two (72) hours after the end of the quarantine period and examination by a licensed veterinarian. 7.06.040. Redemption of Impounded Animals. In addition to other fees required by this Chapter, persons redeeming animals must pay fees as required for impound transportation boarding, vaccination, veterinary care, licensing, and adoption. A. Any dog or cat impounded pursuant to the provisions of Section 7.02 may be redeemed by the owner or other authorized person upon payment of the impound fees and costs as set forth in Section 3.70.120 PAMC. The owner or other authorized person redeeming an unlicensed dog over the age of six months shall pay twice (two times) the license fee, an,�late penalty fee if applicable, and a one hundred dollar ($100.00) deposit for animals for which rabies vaccinations are not current. The deposit will be refunded when the animal is vaccinated and proof of vaccination is presented to the Shelter Officer. B. Prior to redemption of a dog that has been declared dangerous, the owner shall present proof of insurance coverage or bonding, notices, registration, and the existence of a proper enclosure. 7.06.050. Disposition of Animals. A. Animals not redeemed within the time periods as set forth in Section 7.06.030 may be adopted, or humanely destroy euthanasia at the discretion of the Shelter Officer except those animals known to have bitten or which have been found dangerous or potentially dangerous shall not be adopted. Livestock not redeemed within the time limits may also be sold. Provided that no such animals will be adopted, sold, or destroyed if the owner is known to be physically or mentally incapacitated due to injury or serious illness and therefore incapable of handling his/her affairs. Unclaimed/unplaced animals will not be sold or given for purposes of experimental or medical research. B. Upon receipt of written permission from the owner, animals may be adopted or humanely destroyed by euthanasia without regard to the holding_ periods outlined in Section 7.06.030. C. When it is determined by the shelter, officer or veterinarian that the most humane course of treatment is to end an animal's suffering because of the serious injury or disease, the animal may be humanelydestroyed by euthanasia, without regard to the holdingperiodsoutlined -38- in Section 7.06.030. D. Any animal as may be determined by the Shelter Officer to be feral may be humanely destroy by euthanasia, without regard to the holding_ periods outlined in Section 7.06.030. E. Any previously declared dangerous dog that has bitten shall be humanely, destroyed by euthanasia after the quarantine period. F. Inherently dangerous animals and/or inherently dangerous reptiles which have bitten or been found runningat t large, shall be humanely destroyed by euthanasia or transferred to a suitably licensed facility such as a zoo. 7.06.060. Fees and Payment. Housing fees shall be established by the Director for each animal. Such fees shall include all costs of housing such animals regardless of whether such costs are incurred at a City owned or operated facility, a contracted facility, or by private person or facility. Chapter 7.07 ENFORCEMENT AND PENALTIES Sections: 7.07.020 Enforcement Power 7.07.025 Obstructing the Animal Control Officer 7.07.040 Rules and Procedures - Infractions 7.07.060 Violation as Constituting a Public Nuisance 7.07.070 Penalties 7.07.020. Enforcement Power. A. Animal Control Officers are authorized to take such lawful action as may be required to enforce the provisions of this Title and the laws of the State of Washington as they pertain to animal cruelty, shelter, welfare, and enforcement of control. Animal Control Officers employed by or contracted with the City of Port Angeles shall be specially commissioned b, the Police Chief to issue a notice of infraction or citation when the civil infraction or misdemeanor occurs in the officer's presence or if the officer has reasonable cause to believe that a civil infraction or misdemeanor was committed. B. Animal Control Officers include fully commissioned, specially commissioned and limited commissioned officers as designated by the Chief of Police to enforce provisions of this Title. C. Animal Control Officers, unless authorized by the owner thereof, shall not enter a buildiniz designated for and used for private purposes unless a proper warrant has first been issued upon a showing that the officer has reasonable cause to believe an animal is being maintained in the buildinp, in violation of this Title or the laws of the State of Washin tg o, n D. Animal Control Officers, while in hot pursuit of any animal in violation of this Title, may enter upon any public or private property, excgpt any building designated for and used -39- for private purposes, for the purpose of abating the animal violation being pursued. E. Animal Control Officers, while checking on the welfare of any animal, may enter upon any public or private property, except any building designated for and used for private purposes, for the purpose of aiding any animal that is sick, injured, abandoned or neglected and the owner or other authorized person is not present or able to take charge of the animal. F. Animal Control Officers may humanely euthanize any injured animal in the field if, in the judgment of the Animal Control Officer, the animal has received injuries that will result in acute and prolonged pain, debilitating injuries or death, or has extensive internal or external injuries. Prior to euthanizing any animal where the owner is known, Animal Control Officers will cause an attempt to be made to contact the owner. Animal Control Officers shall not be liable for improper euthanasia of injured animals if the decision to euthanize was made in good faith. 7.07.025. Obstructing the Animal Control Officer. A. Every person who: (a) in any such statement or report shall make any knowingly untrue statement to the Animal Control Officer; or (b) shall knowingly hinder, delay, or obstruct the Animal Control Officer in the discharge of his/her official duties; shall be guilty of a gross misdemeanor. B. Every person who shall knowingly deny, prevent, or obstruct or attempt to dent's prevent or obstruct, the Animal Control Officer from pursuing any animal observed in violation of this Title shall be guifty of a gross misdemeanor. C. Every person who shall fail, after a proper warrant has been presented, to promptly permit the Animal Control Officer to enter private property to perform anv duty imposed by this Title shall be guilty of a gross misdemeanor. 7.07.040. Rules and Procedures - Infractions. Rules and procedures relatingto o the processing of infractions shall be as stated in RCW Chapter 7.80 now or as hereinafter amended. 7.07.060. Violation as Constitutinp, a Public Nuisance. In addition to the foregoing remedies, the violation of any provision of this Title shall constitute a public nuisance and may be abated in any manner authorized by Chapters 7.48 and 9.66 RCW. 7.07.070. Penalties. The provisions of this Title shall be enforced without retard to the wrongful intention of the violator. The progressive enforcement detailed below is intended for multiple violations of any provision of this Title, not necessarily multiple violations of the same provision. Unless otherwise noted in this Title, enforcement and penalties for violations shall be as follows: A. The first violation of any provision of this Title not otherwise classified shall be a Class 2 civil violation. B. The second violation of any provision of this Title not otherwise classified, committed within three years of the first, shall be a Class 1 civil violation. Any violation listed as a Class 2 civil violation, shall be a Class 1 civil violation if it is the second within three years of the first, and as a misdemeanor if it is the third or subsequent violation of anv provision of this Title committed within three years of the first. -40- :. C. Any violation listed as a Class 1 civil violation shall be a misdemeanor if the violation is the second or subsequent violation of any provision of this Title within three years Penalties for civil infractions and misdemeanors specified in this Title shall be as defined in the Revised Code of Washington now or as hereinafter amended Chapter 7.08 LEASH CONTROL Sections: 7.08.020 Prohibited Behavior in a Leash Control Area 7.08.020. Prohibited Behavior in a Leash Control Area For the purposes of this chapter, all areas within the City limits are designated as leash control areas unless specifically posted as an off -leash area. In addition to other violations defined in this Title, and unless otherwise defined in the description of a leash control area, it shall be unlawful for any person while within the boundaries of the City unless in an off -leash area contained in Addendum A to A. Allow a dog off the owner's property while not on a leash. B. Walk any dog from an off -leash area into a leash control area without placing the dog on a leash. C. Remove a doa from a leash, for any reason, while in a leash control area and off the owner's property. D. Introduce any dog into a leash control area, which is not restrained in a vehicle without it being on a leash. Chapter 7.09 ANIMAL CRUELTY Sections: 7.09.020 Unlawful Acts 7.09.030 Cruelty, Responsibility For 7.09.040 Ownership Trespass - Not a Defense 7.09.050 Exclusions 7.09.060 Limitations on Application of Section 7.09.070 Penalties 7.09.020. Unlawful Acts. Any of the following is a violation of this Chapter: A. Torturing, beating, maiming, poisoning mutilating injuring or crippling any animal. B. Failure to provide any animal in one's charge with access to food water, shelter, -41- space veterinary care air and ventilation sanitation, sunlight, exercise, and protection from extreme heat or cold sufficient to maintain the animal's proper weight, nutrition, and health. C. Keeping using owning or possessing anyrrooperty paraphernalia or animals for the purpose of animal fighting or animal baiting,• giving receiving or wagering money in relation to any animal fighting or baiting,• causing an animal to fight; or training an animal to fight other animals. D. Tormenting or abusing any animal. E. Abandonment or neglect of any animal over whom a person has ownership, charged care custody, or possession Abandonment shall include the leaving of unattended animals at a commercial or public establishment in an effort to give away or sell such animal. F. Confinement placement or transport of an animal in any vehicle in a manner that jeopardizes the safety of the animal or the public or which could subject the animal to injury or suffering. 1. When transporting any living animal on the outside part of any vehicle, such animal shall be caged harnessed or enclosed keeping such animal from falling or being thrown from the vehicle transporting it. G. Driving or working an animal when such animal is unfit for such driving or labor. H. Driving working or loading an animal in any manner or quantity so as to cause suffering to the animal. I. Dyeing or artificially coloring any animal with any toxic paint or chemical or with intent to alter the identity of any animal for unlawful purposes or administering or pumosefully exposing any animal to caustic, noxious, or poisonous substance. J. Any violation as defined by RCW 16.52. 7.09.030. Cruelty, Responsibility For. A. In addition to any other penalties a person charged with animal cruelty, based on probable cause shall pay all costs necessary to restore the injured animal(s) to good health or to otherwise ameliorate the effects of the cruelty. In addition, the charged person shall pay all costs incurred for boarding and carin for or any animal cruelly treated by the charged person. B. In addition to any of the penalties the Court may prohibit any person charged under this Section from owning any interest in or possessing or having care or control of any animal or any species of animals designated_ by the Court for a period of time to be determined by the Court The Court may also require forfeiture to the Counjy of any animals owned, possessed or in the care or custody of a person charged under this Section. C. The owner of an animal which is subjected to an act of cruelty ya person or persons in violation of this Section may bring a civil action to recover the damages sustained by such owner. 7.09.040. Ownership, Trespass - Not a Defense. A. It shall not be a defense to the crime of cruelty to animals for the person committing the cruel act(s) to assert that he is the owner of the animal(s) that were the victim(s) of the alleged cruelty. B. Trespass shall not be a defense to any action under this Section. -42- 7.09.050. Exclusions. Nothing in this Section is intended to prohibit accepted practices used in the commercial raisin o� r slaughtering of livestock or poultry, or products thereof, or the use of animals in the normal and usual course of rodeo events, animal shows, or the customary use or exhibiting of animals in normal and usual events at fairs as defined in RCW 15.76.120. Nothing in this Section is intended to prohibit the humane and sanitary procedures performed by a veterinarian to meet commonly accepted breed standards. All neutering of livestock must be performed using commonly accepted and humane procedures. 7.09.060. Limitations on Application of Section. No part of this Section shall be deemed to interfere with any of the laws of this State known as the "game laws". Nor shall it interfere with the right to kill animals to be used for food or with any properly conducted scientific experiments or investigations, when such experiments or investigations are performed under the authority of the facility of some regularly incorporated college or university of the State of Washington or a research facility registered with the Department of Agriculture and regulated by 7 U.S.C.. Section 2131 et seg. 7.09.070. Penalty. The penalty for violation of this Section is imposed without regard to anwrongful intention of the violator. Violation of Section 7.10.020 A, B, or C shall be a misdemeanor. Violation of any other Section shall be a Class 1 civil infraction. Chapter 7.10 INHERENTLY DANGEROUS ANIMALS Sections: 7.10.010 Purpose 7.10.020 Running age 7.10.030 Harboring/Owning Inherently Dangerous Mammals and/or Inherently Dangerous Reptiles 7.10.040 Exemptions 7.10.050 Violations 7.10.010. Purpose. It is the public policy of the City to prevent the harboring or housing of inherently dangerous mammals and inherently dangerous reptiles within the City. To this end, it is the purpose of this Chapter to prevent such animals from being kept within the City while allowing anv such animals that may be housed in the Citv at the time of adoption of this ordinance to continue to be so housed. 7.10.020. Runningat t Large. A. No person owning or harboring, havingc_ ustody, control, or possession of an inherently dangerous mammal and/or any inherently dangerous reptile shall permit or allow the -43- same to run at large upon any highway, street, lane, alley, court, or an offer place, public or private, or within the premises of such person, in such manner as to endanger any person lawfully enteringsuch uch premises. B. An inherently dangerous mammal and/or inherently dangerous reptile found to be runningat t large shall be impounded and humanely destroyed by euthanasia or transferred to a suitably, licensed facility such as a zoo at the expense of the owner. 7.10.030. Harboring/Owning Inherently Dangerous Mammal and/or Inherently Dangerous Reptiles. It shall be unlawful for any person to harbor, house, and/or own any inherently dangerous mammal and/or any inherently dangerous reptile within the City, except that: A. Any person harboring, housing, and/or owning any inherently dangerous mammal and/or any inherently dangerous reptile within the City on the effective date of this ordinance may continue to harbor, house, and/or own such animal if such animal is registered with the animal control authority within sixty (60) days from the effective date of this ordinance. Provided further, that such animal(s) may not be used for breedingand nd any offspring must immediately be reported to the animal control authority and removed from the City_ 7.10.040 Exemptions. The following are exempt from all provisions in this Chapter: A. Any facility accredited by the Association of Zoos and Aquariums (AZA); B. Any licensed or accredited research or medical institutions: C. Licensed or accredited educational institutions, D. Veterinary clinics in possession of inherently_ dangerous mammals or inherently dangerous reptiles for treatment or rehabilitation purposes: E. Traveling circuses or carnivals so long as the inherently dangerous mammals or reptiles are under the direct supervision of these circuses or carnivals: F. Persons temporarilytransporting inherently dangerous mammals or inherently dangerous reptiles through the City, provided that the transit time shall not be more than three (3) days, and that they will be transported out of the City within the three (3) day period: and G. An,, facility licensed by the United States Department of Agriculture (USDA) under the Animal Welfare Act: and H. Any person having a valid Wildlife Rehabilitation Permit from the Washington State Department of Fish and Wildlife as a Wildlife Rehabilitator. Although the above are exempt from the provisions of this Chapter, they must comply with all other applicable federal, state and local regulations, including but not necessarily limited to Chapter 16.52 RCW, concerning the prevention of cruelty to animals. 7.10.050 Violations. Any violation of this Chapter shall be a misdemeanor. -44- a Chapter 7. 11 HUNTING Sections: 7.11.010 Huntin 7.11.020 Violations 7.11.030 Exceptions 7 11 010 Hunting It shall be unlawful to hunt deer, elk, bear, cougar,coyote, fox, bobcat quail grouse pheasant pigeon duck geese raccoon or any other state or federally regulated animal within the Port Angeles city limits regardless of weapon type, including rifle, shotgun pistol bow and arrow, crossbow, slingshot, etc. 7 11 020 Violation Any violation of this chapter shall be a gross misdemeanor. 7 11 030 Exceptions This chapter does not apply to the shootingof f dangerous or injured animals by law enforcement or wildlife officers. Section 2 - Severability If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. Section 3 - Corrections The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. -45- 91 Section 4 - Effective Date. This Ordinance shall take effect PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of November, 2004. ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: By Summary MAYOR G:\Legal_Backup\ORDINANCES&RESOLUTIONS\2004-20.Anima]Control W ithOutFees.Final 102704.wpd October 26, 2004 .o 92 NGFLIS City Council Memo Date: November 1, 2004 ,To: City Council From: Thomas E. Riepe, Police Chief William E. Bloor, City Attorney a<t Re: Adoption of New Motorized Foot Scooter Ordinance Summary: The Police Department and City Attorney's Office have prepared the attached Motorized Foot Scooter Ordinance for Council consideration. The ordinance was developed after reviewing the 2003 state law concerning the use of motorized foot scooters, researching numerous ordinances from other cities, and studying a variety of legal opinions. At its October 18, 2004 meeting, the Council briefly discussed the proposed ordinance and heard public testimony from a citizen and from the Chairman of the Law Enforcement Advisory Board. Both supported the ordinance as presented. Recommendation: It is recommended by the Police Department and the City Attorney's Office that the City Council adopt the Motorized Foot Scooter Ordinance as presented. Background/Analysis: An October 13, 2004 news release (attached) announced the presentation of the proposed Motorized Foot Scooter Ordinance to the City Council at its October 18, 2004 meeting, with a request for public input at that time. No negative public comment was presented to the Council at the meeting. In addition to the reasons documented in the first page of the ordinance, the proposed ordinance was developed by the City Attorney's Office and the Police Department in response to the rapidly escalating number of complaints about the scooters being received by the City's emergency dispatch center. The proposed ordinance was reviewed and supported by the Public Health and Safety Committee and the Law Enforcement Advisory Board. Section 46.61.710 of the Revised Code of Washington (RCW) allows use of motorized foot scooters on public roadways but allows for local regulation. The proposed ordinance includes the following key regulations pertaining to the operation of motorized foot scooters: • Operators on any City street must be at least sixteen years of age; 93 • It is unlawful to operate motorized foot scooters on any City street with a maximum speed limit above 25 miles per hour; • It is unlawful to operate motorized foot scooters on a sidewalk, path, trail, or in a park; • Operators must wear a helmet while riding on a City street; • Motorized foot scooters must have mufflers in good working order; and • Parents who knowingly permit a child or ward to violate the ordinance may be subject to citation. Attachments: (1) Proposed Ordinance (2) Municipal Research News Article (3) City of Kirkland Memo (4) Oct. 18, 2004 News Release 101-04-024 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, relating to the use of motorized foot scooters and similar devices, and creating a new chapter, Chapter 10.24, of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES does hereby ordain as follows: Whereas, Section 46.61.710 of the Revised Code of Washington (RCW) allows use of motorized foot scooters on public roadways but allows for local regulation; and Whereas, citizens of Port Angeles have expressed confusion over where and in what manner motorized foot scooters may lawfully be operated; and Whereas, the City Council of the City of Port Angeles finds that unregulated operation of motorized foot scooters and other wheeled recreational vehicles upon the City's streets, sidewalks, and trails increases risk of accidental injury to motor scooter operators, other vehicle or pedestrian traffic, and/or damage to property; and Whereas, the City Council of the City of Port Angeles desires to regulate the use of motorized foot scooters to enhance the health, safety, and welfare of its citizens; and Whereas, the City Council of the City of Port Angeles finds that providing rules as to the proper operation of motorized foot scooters would increase the health, safety, and welfare of its citizens; and Whereas, current state law does not establish minimum age or training requirements for operation of a motorized foot scooter, which creates significant risk of injury and/or property damage caused by untrained operators and/or youthful operators who lack sufficient judgment -1- 95 to safely operate a motorized vehicle upon public streets; and Whereas, the City Council of the City of Port Angeles finds that providing minimum requirements for motorized foot scooter equipment would increase the health, safety, and welfare of its citizens; NOW, THEREFORE, THE CITY COUNCIL OF PORT ANGELES, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. There is hereby added to the PortAngeles Municipal Code anew Chapter, being Chapter 10.24 Motorized Foot Scooters, as follows: CHAPTER 10.24 MOTORIZED FOOT SCOOTERS AND SIMILAR DEVICES Sections: 10.24.010 10.24.020 10.24.030 10.24.040 10.24.050 10.24.060 Definitions. Areas of Operation. Rules of Operation. Violation - Penalty. Severability. Corrections. 10.24.010 Definitions. A. "Motorized Foot Scooter" means a device with no more than two ten -inch or smaller diameter wheels that has handlebars, is designed to be stood or sat upon by the operator, and is powered by a gas -powered internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. B. "Wheeled Recreational Device" means any wheeled recreational object designed to propel the person using that object with an internal combustion or electric motor, whether it be stood or sat upon or ridden in, and that is not required to obtain and display a Washington State vehicle license (RCW 46.16). For the purposes of this chapter, "wheeled recreational device" does not include motorcycles (RCW 46.04.330), motor driven cycles (46.04.332), mopeds (RCW 46.04.304), electric assisted bicycles (RCW 46.04.160), Electric Personal Mobility Devices (RCW 46.04.1695), or power wheelchairs (RCW 46.04.415). The term does include motorized foot scooters. C. "City Street" means every public highway, as defined in Chapter 46.04, or part thereof, located within the city limits of the City of Port Angeles. -2- M D. "City Property" includes all City right-of-way, as defined in the City of Port Angeles Zoning Code. E. "Rules of the Road" means all rules applicable to vehicle or pedestrian traffic as set forth in state statute, rule, or regulation. F. "Helmet' means a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell, and a neck or chinstrap type retention system, with a label required by the Federal Consumers Products Safety Commission as adopted by the Code of Federal Regulations 16CFR1203. G. The regulations of this chapter shall not apply to any vehicle used by a disabled person as defined by RCW 46.16.381. 10.24.020 Areas of Operation. It is unlawful for any person to operate a motorized foot scooter or other wheeled recreation device: A. On any City street unless such person is sixteen years of age or older; B. On any City street with a maximum speed limit above 25 miles per hour; C. On any City property that is not a City street; D. Upon any bicycle, recreational, hiking, or equestrian path or trail; E. Upon any sidewalk, except as may be necessary to enter or leave adjacent property; F. In any park; G. On any posted private or public property; H. While on the public streets, right of ways, or alleys of the City of Port Angeles without wearing a properly fitted helmet. 10.24.030 Rules of Operation. A. It is unlawful for any person to operate a motorized foot scooter or other wheeled recreation device: 1. With a passenger in addition to the operator; 2. Between the time of sunset to sunrise. B. Any person operating a motorized foot scooter or other wheeled recreation device shall obey all rules of the road, as well as the instructions of official traffic control signals, signs, and other control devices applicable to vehicles, unless otherwise directed by a police officer. C. Every motorized foot scooter or other wheeled recreation device shall be equipped with a brake that will enable the operator to make the braked wheels skid on dry, level, clean pavement. D. No motorized foot scooter or other wheeled recreational device shall be ridden or operated in a negligent or unsafe manner but shall be operated with reasonable regard for the safety of the operator and other persons. For the purposes of this section: 1. To operate in a negligent manner means the operation of a motorized foot scooter or other wheeled recreational device in such a manner as to endanger or be likely to endanger any person or property. -3- 97 2. Operation of a motorized foot scooter in excess of 15 miles per hour shall be prima facie evidence of operation in a negligent manner. E. No motorized foot scooter or other wheeled recreational device upon any City street shall be ridden or operated in a manner that creates continuous sound associated with a gasoline -powered engine so as to unreasonably disturb or interfere with the peace and comfort of owners or occupants of real property. Nothing in this section shall limit enforcement of the City's Public Disturbance Ordinance, Chapter 9.24, and Noise Control Ordinance, Chapter 9.26, of the Port Angeles Municipal Code. F. It is unlawful to operate a motorized foot scooter that is powered by an internal combustion engine that is not equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise. 10.24.040 Parental Responsibility. It shall be unlawful for the parent of any child under 16 years of age and the guardian of any ward under 16 years of age to authorize or knowingly permit any such child or ward to violate any provision of this Chapter. 10.24.050 Persons Liable. The operator shall be liable for any violation of this chapter. If the operator is less than 16 years of age, the parent or guardian of the operator who authorizes or knowingly permits an act which is a violation shall be liable for a violation of this chapter. 10.24.060 Violation. A. Except as provided in paragraph B, a violation of any provision of this chapter is a civil infraction. The following monetary penalties shall apply: (1) first offense: $75.00; (2) second offense: $150; (3) third and future offenses: $250.00. B. Violations that constitute criminal traffic offenses under Titles 9 or 10 of this code, may be charged as such and are subject to the maximum penalties allowed for such offenses. 10.24.070 Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. 10.24.080 Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 2 - Effective Date. This Ordinance shall take effect five days after its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of November, 2004. ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: By Summary MAYOR G:\Legal_Backup\ORDINANCES&RESOLUTIONS\2004-19.MotorizedFootScooters October 26, 2004 -5- 100 011 search Research and Services tenter of Washington Motorized Scooters Motorized scooters. You've likely all seen them and, if you haven't, you almost cer- tainly will. Zipping down the street, driven by a 14 -year old or younger, going 20 miles per hour or faster and noisily interrupting the tranquility of your neighborhood. Are they a problem, or are we just getting old? What is a motor scooter? 0 corded fatalities and, with the almost exponen- tial increase in the number of scooters on the road. more are likely to follow. Although newer statistical information is not vet available, anec- dotal evidence suggests that the number of accidents involving motorized scooters has sky- rocketed and will continue to do so. Motorized scooters and state law A motorized scooter (or, as referred to by state Through legislation adopted in 2003, the state law, a "motorized foot scooter"1Sessen.tally;a defines "motorized foot scooters" and provides skateboard with ;asmall gasoline or electric mo- that such scooters do not require vehicle licenses; toxon the back and a set of handlebars, a brake they are to be given the same access to streets lever, and a hand -operated accelerator. Their cost and roads as are bicycles. Ch. 353, Laws of will typically range from about $200 to over 2003. The statute also provides that no driver's S 1,000, and they may have a top speed of 20 license is required to operate a motorized foot mph or more. Some models have bicycle -type scooter. The legislation prohibits a motorized seats, although most riders seem to prefer the scooter's operation at any time from a half hour models with no seats. Gas -powered scooters, after sunset to a half hour before sunrise, unless which are faster than electrically -driven ones, the scooter is equipped with reflectors of a type appear to be the scooters of choice, even though approved by the state patrol. The state law that electric -driven models are cheaper and quieter. prohibits the removal of muffling and pollution - (The fact that gas -powered scooters are faster control devices from mopeds does not apply to and noisier is, perhaps, why they are more popu- motorized scooters. lar.) The problem ,According to the U.S. Consumer Product Safety Commission (CPSC), 5,900 emergency room injuries from electric and/or gas -powered scoot- ers were recorded in 2002 and, of those, almost 40 percent involved children 15 years of age and younger. Wst,of,the moreserious. injuries., have involved broken arms, hands, and legs, sustained from collisions with cars and other motorvehicless for excellence Motorized scooters may be used on multipur- pose trails or bicycle lanes, although local jurisdictions may "restrict or otherwise limit the acceW of" motorized scooters. Bicycle paths, trails, a9d equestrian or hiking trails, among oth- ers, are off limits, if they have been either constructed or are maintained with federal high- way transportation funds. Other new or existing trails or paths may be available for use by a motorized scooter, if they are appropriately signed. IoclQlovernment continued on page 3 Motorized Scooters F ! ;it ills. ;, W d Cr `.::;Tors tU hav(- ri .7r:, esi lbilshe.'. „ m!illmunl ;g ;; r C• cr!o', operators, uric' s -,t a maximus" spe--d for use. While none of the bills was adopted. It Is quite pcssrble tilat legislative ai enipts to regulate motorized foot scoo?•ers will re- turn during the 20015 legislative session.) What local jurisdictions can do and are doing Local jurisdictions can limit or prohibit the use of motorized scooters on sidewalks, on public trails, on public parking lots, around public buildings, and in parks. (The use of scooters on private facilities is not, in itself, unlawful; nothing limits the ability of a private landowner, such as the opera- tor of a shopping center or mall. from prohibiting the use of a motorized scooter in a parking lot and/or the private or public areas of the private facility.) Several cities have prohibited the use of motorized scoot- ers within their central business district. As a public safety measure, a local gov- ernment can probably require that motor scooter operators wear safety helmets; a number of Washington communities have adopted such requirements. State law lim- its motorized scooter use af- t e r sunset, unless the scooter is equipped with reflec- tors approved by the state patrol. Local regulations may be able to go further, requiring headlights, and, for example, requiring them to be suffi- ciently bright to be visible from 500 feet away. Some communities have suggested or required that a tail light, bright enough to be visible from 600 feet away, be used in addition to a red -colored rear reflector, which is required for nighttime use. Re- quiring the use of a muffling device is Possible, as such a requirement would not conflict with state law. Stanwood requires that the scooters be equipped with "a switch, lever, or other mechanism that, when released, will cause the drive motor to disengage or cease to function," a "dead man's switch." H1 I6as' tour cities have included parental provisions in their motorized ot:iinorices. extending to parents fl 'f le- ,al iesp;nsibility of assuring their n'!in : llilcren's adherence to motor scooter :;! r tiOtial requirements. Some communities have established age equirements. Mount Vernon, Sedro- Wooliey, and Stanwood, for example, require that scooter operators be at least 16 -years old; Puyallup sets its limit at 14 years_ Some cities have established maxi- mum operational speed limits, typically 25 miles per hour. Almost universally, in those cities that have already adopted motorized foot scooter regulations, rules that make it unlawful to operate a motorized scooter in a careless. reckless, unsafe. or negligent manner have been adopted, along with a notation that traffic laws and rules of the road apply. Stanwood's ordinance prohib- its the carrying of passengers. What can be done if a person violates a local regulation? Of the:code provisioris :. Municipal Research has reviewed`the cif ies that . ; have adopted regulations have' /� made a motorized scooter of r fense a cwdinfractron punishable . by a ;penaltybfi.-ups to $P46, n addition, several of the cities have property- t )nciar�rocessa-- vide the at whi ha nr ShP m^v rnntG a+skinEl --r The hearine need not bP PlahnratP but it must provide the property owner with a chance to be heard by a person empow- er o make adiustments depending upon the evidence anri arPument made at hearin . What local jurisdictions (probably) cannot do It is clear that counties, cities, and towns cannot prohibit the use of motorized scoot- ers altogether; the state law that allows their use preempts the ability of local jurisdic- tions to provide otherwise. Local jurisdic- tions arguably cannot require that the operators be licensed and, it would seem, under this limitation, it is likely that a ju- risdiction cannot mandate that operators obtain training before using a scooter, which might be construed as a form of licensing. ("Arguably," since several cities have adopted ordinances requiring operators be licensed.) What can be done by members of the public? While many communities are wrestling with what they should do about motorized scooters, there are some safety suggestions that can be followed by anyone even con- templating travel by scooter. The CPSC recommends the following: • Wear a helmet that meets CPSC's stan- dards, along with knee and elbow pads. • Ride the scooters on smooth, paved surfaces without any traffic. • Wear sturdy shoes. • Avoid streets, or surfaces with water, -- sand gravel or dirt •.t)o4hot ride the scooter atnight rld- &s�eanY"see where they're goin be : - =,seen by,other&&. Local governments may wish to share these suggestions with their citizens through their police or sheriff departments or by public safety notices posted on their websites or in their community bulletins. -Help is just a click or a phone call away Municipal Research has been accumulat- ing sample ordinances from jurisdictions acrossthe state. Some are available online. If you want to review some samples, give us an e-mail or telephone call, or visit our Web page devoted to motorized scooters at http://www.mrsc.org/Subjects/PubSafe/ scooters.aspx. Consultants will be happy to respond to any questions you may have. Of course, it is highly recommended that your city, town, or prosecuting attorney be consulted before taking any final action to adopt regulations or restrictions. continued on page 7 Municipal Research News - Fall 2004 - 3 Scooters uir.!_.:j ir),a, e .� The scooters will probably not just go away Unless and until the legislature again con- siders what further limits should be placed on the use of motorized foot scooters, it may be necessary for local jurisdictions to address the safety and noise issues being voiced by many of their citizens. Local regulation may not be the answer for every community. but consideration of the im- pact that motorized scooters have on local roadways may nevertheless be a good idea. Then we can begin worrying about other things, like pocket or mini -motorcycles.! By Paul Sullivan Legal Consultant Muyjicipal Research and Services Center Ask MRSC criniirueo f,om, r,a,1. portion of a highway for the put pose of stopping, standing, or parking to the exclusion of any other like person, nor shall any person be granted such right. Extending exclusive parking privileges on a public right-of-way to private corporate employees or their guests violates the stat- ute and the concept that the right-of-way is for the general use of the public. Person el - Does the civil service commis- sion love jurisdiction to review a police department reduction in force decision by the * council? No. The decision of the city council to reducethe size of the police force because of budget issues is not a decision that can rerie,n� 6 by the civii servi_•e ,.n,is- s0n. This type of action _foes not c.)nstitute a demotion or termination of service as the term is used in the civil service sta.r:tes. It is a policy decision fo the city '_ouncil and such decisions do not have to ne a,, -)- proved by the civil service-omrr:ssio,;. MRSC has located only one old case that is somewhat on point. In Weltricr, v Se- attle, 115 Wash 548 (1921), the court noted the general rule: It is well settled that it is within the powers of a city council to abolish a position in the classified civil service and thus separate an incumbent from the service and discontinue the salary thereof.) Hair to 'Ask MRSC." Assistance from MRSC may be obtained by Phone (206) 625- 1300 or 1-800-933-6772 for long-distance calls; Letter 2601 4th Avenue, Suite 800, Seattle, WA, 98121-1280; fax (206) 625-1220; or E-mail mrsc@mrsc.org. Telephone inquiry service is available from 8:00 a.m. to 5:00 p.m. If a consultant is not immediately available, you can record a detailed request on voice mail 24 -hours a day, and a staff member will call back as soon as possible. V • • • • • O • • • • • • • • • • • V i • • • e • • • • • • • • t f i V • ♦ • • • • • • • • • k • • V • • • • V i • • i i • • V • • • Resource Sharing continued from page 6 goals for new rating period; Sammamish Performance review; Spokane Nonmanagerial performance appraisal review (PE 8.1000) VInternational Building Code Adoptions East Wenatchee Ordinance No. 04-06, Adopts International Building, Mechanical, Fire, Residential Codes; Resolution No. 04-04, Sets fees for building permits (C 4.2000) (see also MRSC Web page http:// www mrsc. org/Subjects/Pubworks/ ICCdocs.aspx) YMotorized Foot Scooter Ordinances Auburn Ordinance No 5844, passed 6/ 7/04; Everett Ordinance No. 2784-04, passed 8/11/04; Kennewick Ordinance No. 5054, passed 7/20/04; Kirkland Ordinance No. 3948, passed 7/6/04; Renton Ordinance No. 5089, passed 6/ 28/04; Spokane Ordinance No. 1144, passed 3/18/04; Yakima Ordinance No. 2004-39, passed 7/6/04 (LR 89.3000) (see also MRSC Web page http:// www. mrsc. org/Subjects/PubSa fel scooters.aspx)) Municipal Research News - Fall 2004 7 102 CU ,,*"'Q+� CITY OF KIRKLAND A l a o Department of Public Works 9 a 123 Fifth Avenue, Kirkland, WA 98033 425.828.1243 www.ci.kirkland.wa.us MEMORANDUM To: Transportation Commission From: Elaine Borjeson, Engineering Analyst Jim A. Arndt, P.E., Public Works Director Date: January 22, 2004 Subject: MOTORIZED SCOOTER REPORT SUMMARY: At the August meeting of the Transportation Commission, Sgt. Ursino of the Kirkland Police Department asked the Commission to review the possibility of limiting scooter use in Kirkland. Subsequently, the topic was placed on the Commission's 2004 work plan. This report outlines recent scooter related legislation, the response of some nearby cities and the actions of selected cities in Oregon and California. It also offers the Commission options for legislative action and staff recommendations. The Commission should recommend proposed limitations to the City Council. Effective August 1, 2003, the State legislature changed RCW 46.04 to define motorized scooters and outline their legal use in Washington. The legislation is available at http://www.leg.wa.gov/pub/billinfo/2003-04/Senate/5750-5774/5770-s e.pdf Motorized scooters now have the same highway access as bicycles and can be operated on multi purpose trails or in bicycle lanes. Subsection (5) of RCW 46.61.7 10 says local jurisdictions may restrict or limit access of motorized scooters, and state agencies may regulate their use on facilities and properties under state jurisdiction and control. Cities may not override state laws and prohibit use of the scooters in areas where the state specifically allows them. Motorized scooters may not be operated on bicycle paths or trails built or maintained with federal highway transportation funds. The scooters are promoted by their manufacturers and consumer advocates as an environmentally friendly, fuel efficient, inexpensive, portable and fun mode of transportation that can be used on existing city infrastructure. Opponents of the scooters cite noise and safety as their major concerns. They claim motorized scooters do not mix well with pedestrians and bicyclists and are often operated at speeds in excess of the youthful driver's skill level. Finally, the 2 -cycle engines which power most scooters are anything but environmentally friendly. The majority of cities contacted for this report do not have pending legislation related to these scooters (Seattle is the exception), but their bias favored pedestrians over the scooter operator in all cases. C:\Documents and Settings\lnelson\Local Settings\Temporary Internet Files\OLK9\2004_01 28 Scooter .doc:EB 103 Memorandum to Transportation Commission 1/16/2004 Page 2 of 5 DEFINITION OF MOTORIZED SCOOTER: motorized scooter is a skateboard type device with handlebars, two small iameter wheels, and an internal combustion or electric motor that is designed to be stood or sat upon by the operator and not to exceed speeds greater than 25 MPH. The most common motorized scooter is powered by a two-cycle engine similar to a gas powered blower. A common brand name is Goped® manufactured by Patmont Motor Werks (PMW) in Livermore, California. PMW has been manufacturing versions of the Goped® since 1985, and they market it as an environmentally friendly, portable, personal transportation device achieving 200 miles per gallon fuel efficiency. However, the Goped• website: •r htt: www o ed.com it Omtohei Ci06ffierbase may beprimarily extreme-, I oorts enthusiasts£rather than `thor'nvpravP'iirhnn-rnmmidcr— The Revised Code of Washington Chapter 46.04.336 defines the motorized foot scooter as "a device with no more than two ten -inch or smaller diameter wheels that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. For purposes of this section, a motor -driven cycle, a moped, an electric -assisted bicycle, or a motorcycle is not a motorized foot scooter." REGULATION IN NEIGHBORING CITIES: ■ Bellevue — According to the Transportation Department there is no pending legislation in committee at this time. The Bellevue Police Public Information Officer forwarded a recent Traffic Unit Training Bulletin stating: "The Motorized Foot Scooter is now legal in the state. They should be treated just like a bicycle in that they can be operated on a limited access highway (where permitted), the roadway, bike lanes, and trail or paths. If they do not have reflectors that have been approved by the State Patrol then their operation is restricted to 1/2 hour after sunset to 1/2 hour before sunrise." ■ Redmond — The Transportation Services Manager states Redmond has no plans at this time to prohibit or allow motorized scooters in their city. They are interested in the conclusions of the Kirkland Transportation Commission. • Bothell — The Transportation Manager said Bothell has taken no position regarding motorized scooters at this time. Seattle — An ordinance is on its way to Council within the next two weeks. It is pedestrian oriented and conservative in approach. Drafting the ordinance has been a six month process and will include wording to cover the Segway device as well as motorized scooters according to the Senior Executive Assistant with the Seattle Department of Transportation. Seattle is not willing to release the ordinance to us at this time. Wenatchee — Ordinance No. 2003 - 31 was passed on November 13, 2003 requiring the operator to have a valid driver's license, prohibiting scooter use upon any sidewalk in the City, requiring headlights, turn signals, reflectors if driving after sunset, and requiring a muffler. Violations are punishable by a $50 fine and impounding the scooter for 10 days. C:\Documents and Settings\lnelson\Local Settings\Temporary Internet Fi1es\0LK9\2004_01_28 Scooter .docEB 104 Memorandum to Transportation Commission 1/16/2004 Page 3of5 ■ Municipal Research and Services Center of Washington (MRSC) — According to MRSC, there have been three inquiries in the past seven months pertaining to motorized foot scooters. The City Attorney in Stanwood asked if a city could enact a moratorium to delay the effective date of new state legislation legalizing motorized foot scooters throughout the state. The reply was "a city cannot override a state law and prohibit use of motor foot scooters in areas where the state specifically allows them to be utilized. However, the city probably could add some safety requirements, such as a helmet requirement for riders and passengers." The second inquiry was from a police officer in Mill Creek asking for information on motorized scooter legislation. The August 1, 2003 legislation was cited (chapter 353, Laws of 2003, ESB 5450). The following website link was also given: http://www.leg.wa.gov/pub/biIlinfo/2003-04/Senate/5450 5474/5450 pl_04272003.txt. We believe that this legislation is more germane to Segway scooters. The last question was from a police sergeant in Des Moines requesting sample >� ordinances restricting motorized scooters. The reply from MRSC dated 9/18/03 was "we have not received any ordinances regulating motorized scooters." It continued, "I discussed your question with one of our legal consultants. Evidently, a city is limited in what it can do to regulate or restrict motorized scooters." MOTORIZED SCOOTER REGULATION IN CITIES OUTSIDE WASHINGTON: LOCATION AGE/LICENSING WHERE TO RIDE TIME OF DAY REQUIRED REQUIREMENTS SAFETY GEAR Eugene, OR 16 yrs old 15 mph speed Must use lights at Helmet limit on scooter, night may be ridden on street with speed limit < 25 mph, not on sidewalks or park paths Anaheim, CA 16 yrs old Street with speed No limit, lighting Bicycle helmet, limit < 25 mph, and reflector braked wheel not on sidewalks requirements if driven at night Stockton, CA 16 yrs old, Class II bike lane, Not addressed Bicycle helmet operator must street with speed have valid limit < 25 mph, driver's license not on sidewalks Ventura, CA 16 yrs old Class II bike lane, Not addressed Bicycle helmet if street with speed under age of 18, limit < 25 mph, must have brakes not on sidewalks C:\Documents and Settings\Inelson\Local Settings\Temporary Intemet Files\OLK9\2004_01 28 Scooter .docEB 105 Memorandum to Transportation Commission 1/16/2004 Page 4 of 5 LOCATION AGE/LICENSING REQUIREMENTS WHERE TO RIDE TIME OF DAY REQUIRED SAFETY GEAR Modesto, CA 16 yrs old Class II bike lane, No limit, lighting Bicycle helmet, street with speed and reflector must have brakes limit < 25 mph, requirements if not on sidewalks, driven at night Banned from parks and trails as of 12/11/2003 Glendora, CA 16 yrs old Street with speed Not addressed Bicycle Helmet limit < 25 mph, not on sidewalks NEWS MEDIA COVERAGE OF MOTORIZED SCOOTERS: As motorized scooters have become more popular, due in part to their price dropping below $200 in some cases, they have drawn has been increased media attention. During the recent holidays, parents were cautioned to know their local regulations before purchasing motorized scooters for their children. A common theme in the news involves police departments receiving complaints from residents about noisy scooters tearing through their neighborhood, or young children operating scooters faster than their riding skill allows. the=US'Consumer. Product�Safety>Commission recorded' -5;900' -injuries' treated °in"emergencyp rooms because of motorized scooter use, in 2fl02That number is expected to rise as the popularity of the scooter increases and the price drops. - OPTIONS/RECOMMENDATIONS: There are several areas where the Commission could make recommendations that would further restrict the use of scooters and they are outlined below. The City Attorney's office is researching the latitude the Commission has in pursuing limitations to scooter operation. This information should be available prior to the Commission meeting on the 28. It is clear that the Attorney's opinion will have an important effect on the restrictions that the Commission may want to recommend to Council. Also, some of the restrictions may be difficult or impractical to enforce. Note that it is not possible to restrict the use in ways that are specifically allowed by state law. For examplepStatekav ri ly tai �af�, tprized>scooters:,4do Lok - shave to be registered and do not require operators to have -a-.license.;:,-We .do not believe itis possible -for the_local:law to contradict.these provisions , In light of this the preliminary opinion of the City Attorney is that some of Wenatchee's regulations may not successfully withstand a court challenge. State law specifically allows local jurisdictions to regulate where scooters are allowed to operate. It does seem reasonable, for example that Kirkland could limit scooters to streets with a speed limit of 25 MPH or less. C:\Documents and Settings\lnelson\Local Settingffemporary Internet Rles\0LK9\2004_01_28 Scooter .docEI3 106 Memorandum to Transportation Commission 1/16/2004 Page 5 of 5 Area of restriction Current Law Options shown below may be combined Age of operator Any Greater than 13 Greater than 16 Required equipment None Helmets Lights and Brakes reflectors: during hours of darkness Location of operation Not allowed on Streets <25 not allowed in shared use trails MPH parks and on or paths built or sidewalks maintained with Federal Highway Funds. Preliminary recommendations from the Kirkland Police Department include limiting the use of motorized scooters to operators with a minimum age of 13, to roads with speed limits less than 25 mph, and prohibiting use on sidewalks or inside park boundaries. C:\Documents and Settings\lnelson\Local Settings\Temporary Internet Fi1es\OLK9\2004 01_28 Scooter .docEB 107 Port Ang �►:'r -Department J t ie 1}U/ 13I.L1lU4 RELEASED To: +t a D PENINSULA DAILYWA SEQUIM GAZETTE 0 PENINSULA NEWS N r ~� RADIO PACIFIC CONTACT PERSON: CHIEF THOMAS E. RIEP HONE NUMBER: (360) 417-4901 The City Council of Port Angeles at its Monday, October 18, 2004 City Council meeting which starts at 6:00 P.M. will hear presentations on two ordinances, an ordinance relating to the use of motorized foot scooters and an ordinance relating to the control of animals. The city manager has requested that the council review the proposed ordinances at its October 18, 2004 meeting. Action to adopt the ordinances, with any changes if so desired, would take place at the Monday, November 1, 2004 meeting. Copies of both draft ordinances are available at the Port Angeles Police Station, Monday — Friday from 9:00 A.M. to 3:00 P.M. More specific questions about the proposed ordinances can be answered by contacting Chief Thomas E. Riepe at 417-4901 or City Attorney William E. Bloor at 417-4531. The police station is located at the west end of the City Hall complex at 321 E. 5ch Street. City Council Members City Manager Mike Quinn Port Angeles Police Department • 321 E. 5m St. • Port Angeles, WA 98362-3206 Phone: (360) 452-4545 • Fax: (360) 417W8 • Email: papolice mci.port-angeles.wa.us Thomas E. Riepe, Chief of Police • Phone: (360) 417-4901 • Email: triepe ri?ci.port-angeles.wa.us •P, QRT NGELLD ►�,` W A S H I N G T O N, U. S. A. CITY COUNCIL MEMO DATE: November 1, 2004 TO: CITY COUNCIL I FROM: BOB COONS, HUMAN RESOURCES MANAGER SUBJECT: TEAMSTERS SWORN OFFICERS LABOR CONTRACT Summary: The City and the Teamsters Union, Local 4589, have reached agreement for a new labor contract for the Sworn Officers bargaining unit, covering the period of 2004-2006. Attached is the contract with underlined portions for new language and strikeout portions for deleted sections. The Union has ratified the contract. The economic changes to the contract include a wage increase of 3.5% for 2004, 4% for 2005, and a COLA for 2006 equal to 90% o the Seattle Bremerton CPI, with a minimum of 2% and a maximum of 6%. 2006 has an additional 1% in wages beyond the COLA. This agreement also includes employees paying a portion of their medical premium for the first time. In 2005, employees will pay 7% of the total premium. This increases to 9% in 2006. Recommendation: Staff recommends that the City Council approve the labor contract between the City and the Teamsters, Sworn Officers Unit, for the term of January 1, 2004 through December 31, 2006, including retroactive wages to January 1, 2004. Backp,round / Analysis: The City has been in negotiations with the Teamsters, Local #589 since February 2004 for a new labor contract for the Sworn Officers bargaining unit. The prior contract expired December 31, 2003. This unit represents 28 employees in the ranks of Police Officer, Corporal, and Sergeant. After several sessions of negotiations, impasse was declared, and a State Mediator was brought in to try and settle the disputed issues. The City and the Union met for two days with the mediator in an effort to reach agreement. Mediation was successful and the contract is attached for the Council's review and approval. The Union has ratified the new labor contract. The major financial issues in negotiations were wages and employee contributions for medical insurance. Employees have not paid any of the medical premiums until this contract term. 109 GA MASTFORWCOUNCIL.WPT Last Revised: 6/29/99 Additionally, based on a wage review, using selected Washington cities, it was found that Police Officer wages were slightly low, therefore, the parties agreed to add extra money into the COLA over the term of the contract. The City reached agreement in mediation with the following settlement: Effective January 1, 2004, wages will be increased by 3.5%, January 1, 2005, wages increase 4.0%, and for 2006, the wage increase will be 90% of the Seattle -Bremerton CPI, W -Index, with a minimum of 2% and a maximum of 6%. Wages for 2006 have an additional 1% above the COLA. Employees will also begin paying 7% of their medical insurance effective January 2005 and this increases to 9% January 2006. The 7% employee contribution is $54.25 per month and the 9% is estimated to be $77 per month. Employees in this bargaining unit already pay a retiree medical fee of $44.85 per month. This fee is paid by active employees to supplement the cost of retiree medical insurance and is above the premiums paid for their medical insurance. Other minor economic change include the following: • The uniform allowance for detectives, who wear civilian clothing, increases from $500 to $600 per year • Martin Luther King's Birthday becomes a recognized holiday. • Increases standby pay from $20 to $22 per day for weekend days and holidays. Language changes include amendments to the hours of work, citizen volunteer program, personnel records, educational incentive pay (deleted sections referring to credit for 45 and 90 college units), and health benefit language to comply with the Washington Teamsters Welfare Trust provisions for their medical plan. Fiscal Impact: The 2003 wage base for this unit is $1,756,000. The 3.5% for 2004 is $61,460; the 4% increase for 2005 is $72,698. The 2006 increase is unknown as it is based on a CPI formula. The amount the City saves by employees paying 7% of the medical premium in 2005 is estimated at $18,000 and the 9% estimate for 2006 is $35,800. This offsets the cost of the wage increases. Staff recommends the City Council approve the labor contract for the Sworn Officers covering the period of January 1, 2004 through December 31, 2006. Attachment: Draft labor contract with underlines and strikeouts. Cc: Pat Clark, Teamsters Business Agent Jesse Winfield, Shop Steward Tom Riepe, Police Chief 110 GAMASTFORMICOUNC[L. WPT Last Revised: 6/29/99 AGREEMENT BY AND BETWEEN CITY OF PORT ANGELES SWORN OFFICERS UNIT AND TEAMSTERS LOCAL UNION NO. 589 OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS January 1, 2004 thru December 31, 2006 111 112 TEAMSTERS LOCAL #589 SWORN OFFICERS UNIT COLLECTIVE BARGAINING AGREEMENT TABLE OF CONTENTS ARTICLE I - GENERAL PROVISIONS PAGE NO. Section A - Purpose 1 Section B - Agreement 1 Section C - Recognition 1 Section D - Savings Clause 1 Section E - Non -Discrimination 2 ARTICLE H - RIGHTS OF PARTIES Section A - Management Rights 3 Section B - Union Security 3 Section C - Payroll Deductions 4 Section D - Personnel Policy and Procedures 4 Section E - Record Keeping 5 Section F - Personnel Records 5 Section G - Labor -Management Committee 5 Section H - Police Department Employee Bill of Rights 5 Section I - Citizen Volunteer Programs 6 Section J - Promotions 7 Section k - Union Communications 7 ARTICLE III - WORKING CONDITIONS Section A - Hours of Work 8 Section B - Shift Rotation 9 Section C - Response Time 9 Section D - Relatives Working in the Police Department 9 Section E - Work Stoppage 10 Section F - Drug Testing Policy 10 ARTICLE IV - COMPENSATION Section A - Wages 14 Section B - Deferred Compensation 14 Section C - Longevity Pay 14 Section D - Overtime Compensation 14 Section E - Stand-by/Call-Back 15 Section F - Compensatory Time 16 Section G - Educational Incentive Pay 16 Section H - Tuition Reimbursement 18 Section I - Higher Class Pay 18 Section J - Uniform Maintenance Allowance 18 Section K - Field Training Officer Pax 13 19 ARTICLE V - PAID LEAVE TIME Section A - Vacation Section B - Sick Leave Section C - Holidays ARTICLE VI - HEALTH BENEFITS ARTICLE VII - GRIEVANCE PROCEDURE ARTICLE VIII - DURATION OF AGREEMENT APPENDIX A - SALARY SCHEDULE APPENDIX B — 2004 MOU COVERING MEDICAL INSURANCE 114 20 20 24 25 27 30 TEAMSTERS LOCAL #589 SWORN OFFICERS UNIT COLLECTIVE BARGAINING AGREEMENT ARTICLE I - GENERAL PROVISIONS Section A - Purpose Teamsters Union, Local #589, hereinafter referred to as the Union, has as its purpose the setting forth of the full and entire understanding of the parties regarding the matters set forth herein, reached as the result of negotiations regarding wages, hours, and other terms and conditions of This Contract, entered into by the City of Port Angeles, hereinafter referred to as the City, and the employment of employees covered by this Contract. Section B - Agreement The rules contained herein constitute the entire Agreement between the City of Port Angeles, hereinafter referred to as the City, and the employees of the Port Angeles Police Department, represented by the Teamsters Union Local #589, hereinafter referred to as the Union, concerning wages, hours and conditions of employment. 2. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, the parties voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. Section C - Recognition The City recognizes the Union as the exclusive bargaining representative for purposes of establishing wages, hours, and conditions of employment. The terms and conditions set forth herein shall apply to employees in the following classifications: • Police Officer • Police Corporal • Police Sergeant The Union agrees to provide, in writing, the name of the shop steward(s) and such notice and any changes thereto shall be provided to the Human Resources Manager. Section D - Savings Clause The City and the Union agree that should any portion of this Agreement be contrary to present or future State or Federal laws, both parties agree to mutually resolve the conflicts. Neither the City nor the Union shall be penalized or hold the other party responsible for conflicts which might arise. Any new provisions shall have no effect on the remaining provisions of this Agreement. 11'5 Section E - Non -Discrimination The City and the Union agree that they will not discriminate against any employee by reason of race, creed, age, color, sex, national origin, religion, handicapped status, or marital status, or membership or non -membership in the Union. Wherever notations are used in the masculine gender, they are intended to apply equally to either gender. 11'6 ARTICLE II - RIGHTS OF PARTIES Section A - Manapement's Rights The City and its management representatives shall retain all customary rights, powers, functions, and authority normally reserved by management consistent with State law, local ordinances, and Department rules and regulations. This management rights section does not give Management the right to change or modify the existing negotiated contractual language of the Agreement. The Management rights shall include but not be limited to the following: 1. The City retains its rights to manage and operate the Department except as maybe limited by an express provision of this Agreement. 2. Set standards of service, establish Department policy/procedures, work rules/regulations, I safety procedures, and personnel policies and procedures. 3. Select, increase, diminish or change equipment, vehicles, machinery, etc., including the introduction of any and all new, improved or automated methods or equipment. 4. Assign work and establish work schedules. 5. Engage in all types of personnel transactions and disciplinary proceedings in accordance with established ordinances and rules, and Department Policy and Procedures Manual. 6. Effect a reduction in authorized positions because of a lack of work, fiscal limitations, organizational changes, or other legitimate reason. 7. Determine the number and classifications of personnel. 8. Take any action necessary to carry out its mission in an emergency. Section B - Union Security It shall be a condition of employment that all employees covered by this Agreement who are members of the Union in good standing on the execution date of this Agreement shall remain members in good standing. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its execution date shall by the thirtieth (30th) day following initial hire, become and remain members in good standing in the Union, or in lieu thereof, pay each month a service charge equivalent to initiation fees and Union dues, paid to the Union, toward the administration of this Agreement. If objections to joining the Union are based on bona fide religious tenets and the employee objects to joining the Union because of such beliefs, the employee shall pay an amount of money equivalent to initiation fees and Union dues to a non -religious charity or to another 1137 charitable organization mutually agreed upon by the employee and the Union. The employee shall furnish written proof to the Union that such payment has been made. If the employee and the Union do not reach agreement on the charitable organization, the Public Employment Relations Commission shall designate the charitable organization. 2. The Union agrees that membership in the Union will not be denied or terminated for any reason other than the failure of the employee covered by this Agreement to tender the initiation fee, Union dues or service charge. The parties agree that if an employee fails to fulfill the obligation in (1) above, the Union shall provide the employee and the City with thirty (30) days' notification of the employee's failure to comply with this Section and during this period, the employee shall make restitution in the amount which is due or the City shall terminate employment. 3. The City shall notify the Union of new employees within thirty (30) days of employment. 4. Indemnification Clause: The Union agrees to indemnify and hold the City harmless from any liabilities of any nature, which may arise as a result of the application of this Article. Section C - Payroll Deductions 1. Upon written authorization of an employee, the City shall deduct monthly dues from the salary of each employee and shall transmit such amount to the Union, and will withhold any other specified portion of an employee's salary for U.S. Savings Bonds, United Way contributions, optional insurance coverage provided by the City, and D.R.I.V.E. contributions. 2. The Union shall hold the City harmless against any claims brought against the City arising out of the City making a good faith effort to comply with this Section. 3. The employee shall be allowed to withdraw from automatic payroll deduction of Union dues with thirty (30) days' notice in writing to the Human Resources Office. 4. Payroll deductions for other authorized withholdings, noted above, except Union dues, shall be subject to data processing limitations. Section D - Personnel Policy and Procedures Except where this Contract is different, wages, hours, holidays, sick leave, vacation and related working conditions shall be in accordance with the current City Personnel Policies and Procedures and Salary Ordinance. Personnel benefits in the Personnel Resolution shall not be changed during the life of this Agreement, except changes in related working conditions which shall be negotiated with the Union. 1113 Section E - Record Keeping The City shall maintain records of overtime, time off and the data in the records system will be made available to employees. The City will keep records of requests and disbursements regarding tuition reimbursement. Section F - Personnel Records The City and the Union recognize that the employee's official personnel file relative to any personnel actions (i.e., promotion, disciplinary actions, performance evaluations, pay status, etc.) shall be kept and maintained in the Human Resources Office. Departments may keep and maintain employee personnel files but such information in the Department files shall not be used relative to taking personnel actions, unless such information is also contained or referenced in the official personnel file. Any employee may review his/her personnel file in the Human Resources Office or within the I Department upon request, with reasonable notice, and may have a copy of any information contained in the file. Whenever a Department Head places information concerning the employee in the official personnel file, a copy will be provided to the employee. If such information is the result of disciplinary action or an unsatisfactory performance evaluation, the employee may submit a rebuttal, which shall be made part of the employee's personnel file. Such a response by the employee shall be within thirty (30) working days of receipt of the disciplinary action or performance evaluation and be of reasonable length. Officers may request removal of disciplinary action documents from their personnel file one year from the date such documentation was placed into the officers personnel file. Upon receipt of such a request the matter will be placed before the Labor Management Committee, described in Article II, Section G below, for review and recommendation to the Police Chief. The decision to remove will at all times remain with the Police Chief. Section G - Labor -Management Committee In the interest of developing mutual trust and open communication between the parties and improving employee/employer relations, the parties agree to establish a labor-management committee to met at times as mutually agreed upon. The members of this Committee for the City may include the City Manager, the Human Resources Manager, the Police Chief, and others as needed. The members of this Committee for the Union shall be the respective business agent for the Local and two employees from the bargaining unit, and others that may need to attend who are affected by an issue under discussion. Attendance by other on -duty employees is permitted as long as staffing needs are adequately met and with approval of the Department Head. I TV Section H - Police Department Emplovee Bill of Rights Employees covered by this Agreement shall be entitled to the protection of the Port Angeles Police Department Employee Bill of Rights. Prior to an employee being questioned relative to a possible disciplinary matter, the employee will be apprized of the issue and the nature of the complaint or issue under investigation. The employee shall be provided with written notice in advance of any disciplinary actions (excluding verbal or written reprimands). The written notice shall include specific charges, citing the alleged violation of a rule/regulation, etc., and an opportunity to respond to the charges. 2. Any questioning of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the circumstances of the investigation dictate otherwise. When practicable, such questioning shall be scheduled during the day time. 3. The investigation and questioning of the employee (which shall not violate the employee's constitutional rights) shall take place at the Port Angeles Police Department, except when impractical. The employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney or representative of his own choosing before being questioned, who may be present during questioning. 4. The questioning shall not be overly long and the employee shall be entitled to such reasonable intermissions, as he shall request for personal necessities, meals, telephone calls, and rest periods. 5. The employee shall not be subjected to offensive language nor be threatened as a guise to attempt to obtain his resignation. No promises or rewards shall be made as an inducement to answer questions. 6. No employee covered by this Agreement shall be required to take or be subjected to a lie detector or similar test as a condition of continued employment. 7. This Police Department Bill of Rights only applies to disciplinary actions and related investigations, excluding cases of criminal investigations. Section I - Citizen Volunteer Programs Management reserves the right to establish citizen volunteer programs to perform non-critical public service functions related to the department's Community Policing goals and objectives. Such programs or functions shall not supplant current full-time department personnel. des eh programs and fidnet ons are as follows- If the Department determines that it may have need of adding permitted actions to the list below, it will contact the Union and the Union agrees to meet and confer with the Department Head. 15 Vacation house checks; annual City/Police auction; speed watch trailer program; distribution of registered sex offender and criminal alert bulletins; crime prevention programs; assisting with non- specialist tasks for the Records Division; assisting the Operations Division by acting in capacities not requiring sworn officer status during special community events such as parades, athletic events, and fairs, and with "citizen patrols" of areas and events such as the Waterfront Trail, City parks, and downtown area for the purposes of documenting and reporting illegal activity to the Police Department Citizen volunteers may be a deterrent to criminals by the mere fact that they are identifiable by their "uniforms" and the vehicle they drive as an official component of the Police Department, but they shall be trained not to represent themselves as sworn officers and to not act in any capacity that would supplant or require a sworn officer. Citizen volunteers shall not be paid for their duties. Section J. Promotions: 1. The parties agree that when there is a promotional vacancy in the classifications represented by the Union, that the City will post the recruitment notice for a minimum of 10 working days within the Police Department. 2. Promotional openings for classes represented by the Union shall be filled only from within the Port Angeles Police Department. 3. Classes currently represented by the labor contract are Police Officer, Corporal and Sergeant. 4. Employees in probationary status shall be ineligible for promotional testing, Section K, Union Communications: 1. A Union official who is an employee in the bar aining unit shall be granted time -off without loss of pay for meetings with the employer concerning matters vital to the employees in the bargaining unit; provided however, such activities shall not interfere with the normal functioningof f the Department and prior permission from the employee's supervisor shall be obtained. 2. Union investigative and visitation privileges: The Business Representative of the Union may visit the work location of employees covered by this agreement at any reasonable time; provided however, such visitations shall not interfere with the normal functioning of the Department. The Business Representative agrees to notify management of his presence in the work place. 3. Bulletin Boards: The Employer shall provide suitable space for a Union bulletin board on its premises in an area which is frequented by all employees within the bargaining unit. 4. Union Business: Reasonable time off with pay shall be provided to affected employees to attend official Union functions, such as Union membership meetings_ provided however, such attendance shall not interfere with the normal operations of the Department. 1211 ARTICLE III - WORKING CONDITIONS Section A - Hours of Work 1. Work Week: The normal hours on duty for shift personnel shall be established by the City so that the average hours worked in any week shall be composed of five consecutive eight (8) hour shifts and two (2) consecutive shifts off duty, or four (4) consecutive ten (10) hour shifts and three (3) consecutive shifts off duty. The City may require overlapping shifts if needed. Starting time for all regular shifts shall be as follows: Regular Patrol shifts are: Days: 7:00 AM to 3:00 PM Swing: 3:00 PM to 11:00 PM Graveyard: 11:00 PM to 7:00 AM Regular Detective shifts are: Days: 7:00 AM to 3:00 PM 8:00 AM to 4:00 PM 9:00 AM to 5:00 PM 10:00 AM to 6:00 PM Regular Detective: Alternatives to the regular detective shifts and the selection of shifts in the Detective Division shall be the responsibility of the Detective Sergeant, with administrative approval. Alternative shift rotations and work shifts, sueh as a 4/10 shift, may be discussed and implemented by mutual agreement of the parties. Any such changes will be in writing as an addendum to this Agreement. The K-9 Officer's work day shall be an 8 -hour shift, including 30 minutes of dog maintenance. a. Seven days advance notice will be provided to changes to an employee=s established schedule, unless an emergent police situation requiring a reallocation of shift personnel exists or a reassignment of personnel due to illness, injury, suspension or resignation or termination of commissioned personnel with less than two weeks notice is necessitated. An employee who is required to report back to duty on a new schedule without seven (7) days advance notice and prior to completing a scheduled two days off shall receive overtime for that portion of the work week worked which falls during the previously scheduled two days off. b. Nonstandard shifts or extra shifts may be scheduled for the following reasons, when needed, and will be scheduled 24 hours in advance, unless an emergency manpower situation exists: i� To provide staff for a special services section that may include, but is not limited to,Bicycle Patrol Crime Prevention duties, ProAct duties, DUI emphasis patrols, focused crime prevention patrols, criminal investigations, or community policing functions as adopted by the department. 2. Work Day: The normal work day, for Patrol and Detectives shall consist of eight (8) consecutive working hours in a 24-hour period (separated at the approximate mid -point by a meal period, if appropriate, as defined herein). The starting and ending times of the work day shall be determined by the City. 3. Rest Periods: The City shall provide two 15 -minute rest periods; one in the first half and one in the second half of the work shift. Such rest periods may not be permitted if Departmental operations would be affected. Rest periods, if not taken as scheduled by the supervisor, shall not be accrued and taken beyond the current shift. 4. Meal Periods: Meal periods shall be scheduled by the City and will be either 30 minutes of paid time or 60 minutes of non -paid time, as determined by the City. The Supervisor shall determine the meal period during the shift. Detectives on stand-by are excluded from application of this Section. 5. Personal requests for a change or trade of shift must be approved by administration. The City shall not be obligated to provide overtime or additional compensation to the affected employees for overtime incurred resulting from a requested change or trade of shift for personal reasons nor shall the City be obligated to pay for time not worked in a normal work week as a result of such change or trade of shifts. Section B - Shift Rotation The City may, at its discretion, change an employee's work shift. In the event of shift rotations, the City shall provide a minimum of seven (7) calendar days' advance notice to the employees affected, as determined by the Police Chief. Section C - Response Time Employees covered by this agreement shall reside within a 30 -minute response time from the Police Department Headquarters. Driving time shall be calculated using the lawful speed limits. Section D - Relatives Working in the Police Department If employees in the Police Department become related through marriage or cohabitation, which may result in a problematic, questionable, or preferential supervisor/subordinate relationship in the judgment of the Police Chief, the City will make a reasonable effort to change shifts of the individuals affected. �� However, the City reserves the exclusive right to terminate, transfer, or re -assign one of the individuals involved, if necessary, to resolve operational or personnel problems in managing the Police Department. Prior to terminating an employee because of this policy, the City shall make reasonable effort to transfer the individual to another position. The Union reserves the right to be consulted prior to any decision on this matter. Section E - Work Stoppages, Strikes, or other Concerted Work Actions The City and the Union agree that the public interest requires efficient and uninterrupted municipal services, and to this end, pledge their support to avoid or eliminate any conduct contrary to this objective. During the term of this agreement, the Union and the employees covered by this agreement shall not engage in any work stoppage, strike, work slow -down, sick-out, or any other concerted activity which may, in any manner, interfere with public safety, municipal services, or be construed as contrary to the objective above. It is further understood that employees who engage in any such actions as noted above shall be subject to any disciplinary action as may be determined by the City. Employees shall be held responsible for any financial losses suffered by the City as a result of such work actions. Section F - Drug Testing Policy 1. Policy: Reporting to work under the influence of alcohol and/or illegal drugs, or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and may result in disciplinary action, including immediate termination. For the purpose of this policy, substances that require a prescription or other written approval from a licensed physician or dentist for their use shall also be included when used other than as prescribed. Each employee must advise the employer if they are using prescription or over the counter drugs they know or reasonably should know may impair their ability to perform job functions and/or operate machinery such as automobiles. Under appropriate circumstances, the employer may request the employee provide written medical authorization to perform various job functions from a physician while using such drugs. Any voluntary request by an employee for assistance with his/her own alcohol abuse problem will remain confidential and shall not be used as the basis for any disciplinary action provided that the request for assistance is initiated prior to being identified as impaired through the procedures herein. The parties recognize the essential purpose of any law enforcement agency is to enforce the criminal laws. Moreover, the parties recognize the courts have held it would substantially impair law enforcement agencies if they were required to employ individuals within their ranks who have violated the very laws said agencies are charged with enforcing. Therefore, the employer reserves the right to refuse to employ or continue the employment of individuals who are or have been engaged in criminal conduct, whether drug-related or not. 12% When a supervisory employee has a reasonable suspicion to believe an employee is under the influence of alcohol or illegal drugs, or is using illegal drugs, the employee in question will be asked to submit to discovery testing including breath tests, urinalysis and/or a blood screen for the presence of alcohol or illegal drugs. An employee who refuses to submit to discovery testing for alcohol and/or illegal drugs shall be conclusively presumed to be under the influence of alcohol or an illegal drug for the purpose of administering this Section. If the results of the drug test are positive, and establish that the employee used an illegal drug, or reported to work while under the influence of alcohol, the employee maybe subject to discipline including immediate discharge. 2. Definitions: For the purpose of administering this Section, the following definition of terms is provided: Reasonable Suspicion - Reasonable suspicion is based on specific objective facts and reasonable inferences from those facts in the light of experience, that discovery testing will produce evidence of illegal drugs or improper alcohol use by that particular employee. Under the Influence - The following cut-off levels shall be used for the initial screening of specimens to determine whether they are negative for these drugs or classes of drugs: (ng/ml Test Level Amphetamines 1000 Barbiturates 300 Benzodiazepines 300 Cannabinoids 100 Cocaine Metabolites 300 Methadone 300 Methaqualone 300 Opiates (Codeine) 300 Opiates (Morphine) 300 Phencyclidine (PCP) 25 Propoxyphene 300 Level of the positive results for ethyl alcohol 0.05 gr/dl. Illegal Drugs - are defined as all forms of narcotics, depressants, stimulants, hallucinogens, and cannabis, which sale, purchase, transfer, or unauthorized use or possession is prohibited by law. Over -the -Counter Drugs - are those which are generally available without a prescription and are limited to those drugs which are capable of impairing the judgment of an employee to safely perform the employee's duties. 126 Prescription Drugs - are defined as those drugs which are used in the course of medical treatment and have been prescribed and authorized for use by a licensed practitioner/ physician or dentist. 3. Procedures: • If an employee is required to submit to a drug test, the following procedure shall be followed: • The employee shall be given an opportunity to confer with a union representative if one is readily available and the employee has requested a representative. • The employee shall be given an opportunity to explain to the Medical Review Officer (MRO) the reasons for the employee=s conditions, such as reaction to a prescribed drug, fatigue, exposure to toxic substances, or any other reasons known to the employee. The employee, employer, and a union representative may be present during this discussion. • The employer may request urine and/or blood samples. • Urine and blood samples shall be collected at a local laboratory, hospital, or medical facility. The employer shall transport the employee to the collection site. The employer and/or union representative may be allowed to accompany the employee to the collection site and observe the bottling and sealing of the specimen. • All specimen containers and vials and bags used to transport the specimen shall be sealed to safeguard their integrity, in the presence of the employer, employee, and the union representative to the extent they have elected to be present, and proper chain -of -custody procedures shall be followed. • The collection and testing of the samples shall be performed only by a laboratory and by a physician or health care professional qualified and authorized to administer and determine the meaning of any test results. The laboratory performing the test shall be one that is certified by the National Institute of Drug Abuse (NIDA). • If a specimen tests positive in an immunoassay screen test, the results must be confirmed by a gas chromatography/mass spectrometry test. The specimen must show positive results at/within the following limits on the GC/MS (gas chromatography/mass spectrometry) confirmatory test to be considered positive: If immunoassay is specific for free morphine, the initial test level is 25 ng/ml. Confirmatory Test: Marijuana metabolites 15 ng/ml Cocaine metabolites 150 ng/ml Opiates: Morphine 300 ng/ml Codeine 300 ng/ml 1276 Phencyclidine 25 ng/ml Amphetamines: Amphetamine 500 ng/ml Methamphetamine 500 ng/ml At the employee's or the union=s option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the union for testing. The cost of this test will be paid by the union or the employee. Failure to exercise this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. The results of this second test shall be provided to the City. • The employee and the union shall be informed of the results of all tests and provided with all documentation regarding the tests as soon as the test results are available. The parties agree to use the Medical Review Officer (MRO) in the Virginia Mason DrugProof facility to review all confirmed positive test results and communicate those results to the employer. The MRO shall have the responsibility to determine when an individual has failed a drug test in accordance with the standard enumerated herein. 121 ARTICLE IV - COMPENSATION Section A - Wapes - Three -Year Agreement 1. Effective January 1, 2004, wages will be increased by 2% for all officers covered by this labor contract. This is a Cost of Living Adjustment (COLA). 2. Effective January 1, 2004, wages will be increased by 1.5% for all officers covered by labor contract. This is a wage increase, not a COLA. 3. Effective January 1, 2005, wages will be increased equal to 90% of the Seattle -Bremerton CPI -W, usingthe he August 2003 thru August 2004 index. The minimum increase shall be 2% and the maximum 6%. This is a COLA. 4. Effective January 1, 2005, wages will be increased by 2% for all officers covered by this labor contract. This is a wage increase not a COLA. 5. Effective January 1, 2006, wages will be increased equal to 90% of the Seattle -Bremerton CPI -W, using the August 2004 through August 2005 index. The minimum increase shall be 2% and the maximum 6%. This is a COLA. 6. Effective January 1, 2006, wages will be increased by 1% for all officers covered by this labor contract. This is a wage increase not a COLA. Section B - Deferred Compensation The City will make a 3.1% biweekly contribution to the deferred compensation account of each bargaining unit employee, based upon the employee' base wage. Section C - Longevity Pay The City agrees to pay longevity premiums as follows, computed upon the monthly base wages: • Completion of five (5) years City service, 2%; • Completion often (10) years City service, a total of 4%; • Completion of fifteen (15) years City service, a total of 6%; • Completion of twenty (20) years City service, a total of 8%. Longevity premiums shall be paid beginning with the first full pay period following the completion of the eligibility requirements. For the purpose of determining eligibility for longevity premiums, City service shall be limited to time served in good standing as a regular full-time employee of the Port Angeles Police Department covered by this Agreement. Section D - Overtime Compensation 1. Overtime hours are those compensable hours which the employee is assigned to work in excess of forty (40) hours in the work week or eight (8) hours in the work day. 128 2.. Overtime hours worked shall be paid at the rate of time and one-half the employee's regular rate of pay, calculated to the nearest 15 minutes. 3. Overtime pay shall not be compounded with any other form of premium compensation, excluding higher class pay, paid to the employee. 4. Overtime work is a condition of employment when called upon to meet the operational needs of the Department. However, the Department shall attempt to assign overtime in a fair and equitable manner whenever possible. Overtime shall be offered to regular, full-time Police Officers in descending seniority and assigned by ascending seniority. All regular overtime and paid detail police work shall be offered to Police Officers prior to using Police Reserves. 5. If an employee is required to report to the employee's scheduled shift within twelve (12) hours of working his or her previously scheduled shift, then the employee shall earn pay at the overtime rate until a twelve (12) hour or more period of time falls between the employee's scheduled shifts. The intent of the twelve (12) hour rule is to economically support allowing officers at least a twelve (12) hour period between working scheduled patrol or detective shifts. It does not invoke paying overtime when personnel attend training or meetings between shifts or under emergency circumstances such as barricaded suspects, riots, major crimes, and disasters. This sub -section does not apply to necessary in-service training including but not limited to the following: First Aid/CPR; BAC certification and refresher; firearms qualifications, practice and training; defensive tactics; blood and airborne pathogens; supervision; emergency vehicle operation; criminal law updates (arrests, search and seizure, vehicle stops, etc); instructor certifications and re -certifications; and staff/department meetings. 6. The maximum number of hours an employee may work shall be 12 hours in a work day, or 65 hours in a work week, except in emergency conditions as determined by the Police Chief. Section E - Stand-By/Call-Back 1. Stand-by hours are those hours in which the Police Department requires an employee to remain "on-call" for possible work outside his/her normal work schedule, when assigned by a supervisor. The employee on stand-by shall be required to wear a paging device or carry a portable radio (as determined by the City) to be reached when needed, and/or remain within the range of the pager/radio or telephone. Standby assignment shall be on Saturdays, Sundays, and holidays. 2. Stand-by Compensation: An employee on stand-by assignment shall receive may $22/day for Saturdays, Sundays, and holidays. A day is a 24-hour period and a week is a week of 168 consecutive hours. 129 3. Call Back Compensation: An employee called back to work on other than his/her normal work schedule shall be compensated a minimum of three (3) hours at the overtime rate of pay. Hours worked beyond the three (3) hour minimum shall continue to be paid at the overtime rate until relieved of duty. Court time, on other than the employee's regular work schedule, shall be compensated as call-back. Section F - Compensatory Time 1. No employee will be allowed to accumulate more than 120 hours of comp time. 2. An employee on compensatory time off shall be deemed to be on official leave with pay status. 3. Any compensatory time credits which have been actually taken by an employee shall be included in computing the hours of his/her work week. 4. An employee who notifies the Police Chief or his designee promptly and substantiates to the satisfaction of the Police Chief or his designee that he/she was sick on a scheduled day of compensatory, vacation, or holiday time off may request that a day of sick leave be taken rather than previously scheduled compensatory time. Use of compensatory time shall be by mutual agreement with the employee and his/her supervisor or the Department Head. The Department Head or employee's supervisor shall make all reasonable efforts to accommodate a request for compensatory time off when made at least seven (7) days but not more than thirty (30) days in advance. This section shall also apply to floating holidays. 5. An employee may choose to add comp time to his bank as long as his bank does not exceed the 120 hour maximum. Section G - Educational Incentive Pay The City, to encourage and improve the proficiency of its employees, offers employees covered by this Agreement the following Educational Incentive Pay program. Educational pay for 45 and 90 units will be discontinued after the last pay period in December, 2003. Only a BA or AA Degree will be eligible for educational incentive pay. Patrol Officers Four -teen dollars ($14)perpay f „a completion of 45semester- heuFs t i efifer-eement related subjeets. Te Y-etaifi this edueatienal ineentive pa)-, the efflpleyee must. eomplete six semester- hours annually, a.vnz 136 Fifty-six dollars ($56) per pay period for attainment of a two-year degree in a law enforcement related subject. Eighty-five dollars ($85) per pay period for attainment of a four-year degree in a law enforcement related subject. Corporals Fifteen dollars (S 15) per- pay period for- eempletion of 4 5 semester- heur-s in law enfer-eemen semester E):UFP nr BUally I Sixty dollars ($60) per pay period for attainment of a two-year degree in a law enforcement related subject. Ninety -Three dollars ($93) per pay period for attainment of a four-year degree in a law enforcement related subject. Sergeants Sixteen dollars ($16) per- pay period for- eempletion of 4 5 semester hours in law enf6memen related subjeets. To retain this edueational ineentive pay, the employee must eemplete semester hours ally. Sixty-five dollars ($65) per pay period for attainment of a two-year degree in a law enforcement related subject. One hundred dollars ($100) per pay period for attainment of a four-year degree in a law enforcement related subject. All law enforcement subjects shall be as approved by the Washington State Training Commission and meet the necessary requirements of an accredited college or university. All new employees having college credits in other than Peninsula College shall have such credits transferred to Peninsula College for qualification for the educational incentive pay. This shall not apply to employees who have completed a two or four-year degree program in law enforcement at another accredited college. Probationary employees shall not be eligible for educational pay. This does not apply to promotional probations. 131 Section H - Tuition Reimbursement The City's tuition reimbursement program covers payment for college course work to encourage employees to pursue job-related education/training. Under the tuition reimbursement program, the City pays for 75% of tuition and required books, not to exceed $500 annually, subject to budgetary restrictions and in accordance with the following requirements: a) Requests for tuition reimbursement must be made in writing, in advance, on the form provided by the Human Resources Office. b) All course work must be job-related and requires advance approval by the Department Head and City Manager, processed through the Human Resources Office. C) Prior to payment of approved tuition reimbursement, the employee must provide proof of a grade C or better, together with a copy of receipts for the course and required books. d) The City may retain certain course materials (i.e., books, reference materials) if the Department Head determines such materials are of value to the City. Courses offered during regular work hours may be approved, per the above policy, if time off can be arranged without affecting the public services or disrupting departmental operations. Such time off should be charged to accrued vacation, comp time, or leave without pay. The following are examples of courses that maybe approved as job-related. Final determination for acceptability of tuition reimbursement is the decision of the Police Chief and City Manager. • Law enforcement courses (e.g., Introduction to Criminal Justice, Criminal Justice Administration, Crime Scene Investigation, Criminal Law) • Psychology • Speech • Computer courses related to specific software/hardware used by the department • Typing, English • Report writing and written communications courses • Supervision/management courses (for supervisory positions) Section I - Higher Class Pay When an employee is assigned to work in a higher classification for two (2) or more consecutive hours, the employee shall be paid higher class pay at the beginning salary for the higher class for the duration of the assignment, calculated to the nearest 15 minutes. Section J - Uniform Maintenance Allowance 1. Uniforms will be purchased and provided to offers through the Department's quartermaster system. Officers requiring uniforms or equipment shall make a written request to the Department administration for uniforms or equipment. I3� Purchases made under the quartermaster system require the approval of the Chief of Police or his designee. Police Officers, Corporals and Sergeants assigned to the Detective Division shall receive $540 $600 annually. Officers assigned to the Detective Division on or after January 31" shall be paid a pro -rated uniform allowance based on the remaining weeks of the year. 2. The required uniform is described in the Department Policy/Procedures Manual. 3. Only those items listed in the Police Department Policy and Procedures Manual may be purchased with uniform maintenance allowance funds. The Department retains the right to determine if the article purchased is an approved part of the uniform, is of acceptable quality, and is in conformance with Department standards. 4. The Police Chief retains the right to supply uniform or equipment articles from supplies on hand rather than authorizing the employee to purchase new uniform articles. 5. The employee agrees to maintain and repair his/her uniform and have all items available for inspection upon reasonable notice. 6. All articles purchased by the City will be the property of the City and will be returned prior to leaving City service (i.e., retirement, termination, etc.) 7. The City agrees to provide each officer with a bullet-proof vest, approved by the Police Department. Replacement of the vests and selection of the vests shall be determined by the Police Department. Section K - Field Training Officer Pay The City agrees to pay a Police Officer assigned and functioning as a Field Training Officer an additional $12 per day. 1st ARTICLE V - PAID LEAVE TIME Section A - Vacation Vacation leave shall accrue to each employee covered by this Agreement, as follows: 21 & over continuous years of City service 240 30 V Vacation maybe taken only upon completion of one full year's service (except for holidays - see Section C - Holidays). Thereafter, vacation credit earned may be taken upon proper authorization, per Department procedures. Application for such leave shall be made in advance and is subject to Departmental approval. The maximum accrual of vacation leave is noted in the preceding chart. Employees shall be paid for unused vacation leave at their final base hourly rate (i.e., straight time) upon leaving City service, except for terminations during the employee's new hired probationary period. If an employee has prior approval for vacation and is called back to work once his/her vacation has started, the employee will be compensated at the overtime rate of pay for the time which interfered with scheduled vacation. Section B - Sick Leave 1. The use of sick leave benefits is considered a privilege and not a right, and may only be used in the event of actual illness or disability to the employee or family members as provided for in this Contract. In the event of a serious illness to an employee who has exhausted his/her sick leave accrual, the City Manager, at his/her discretion, may advance sick leave credits upon expiration of accrued sick leave credits. Annual Hrs. Days Per Max.Accrual Accrual Year Hours 1 - 5 continuous years of City service 80 10 288 6 - 10 continuous years of City service 120 15 368 11 - 15 continuous years of City service 160 20 448 16 - 20 continuous years of City service 200 25 528 21 & over continuous years of City service 240 30 V Vacation maybe taken only upon completion of one full year's service (except for holidays - see Section C - Holidays). Thereafter, vacation credit earned may be taken upon proper authorization, per Department procedures. Application for such leave shall be made in advance and is subject to Departmental approval. The maximum accrual of vacation leave is noted in the preceding chart. Employees shall be paid for unused vacation leave at their final base hourly rate (i.e., straight time) upon leaving City service, except for terminations during the employee's new hired probationary period. If an employee has prior approval for vacation and is called back to work once his/her vacation has started, the employee will be compensated at the overtime rate of pay for the time which interfered with scheduled vacation. Section B - Sick Leave 1. The use of sick leave benefits is considered a privilege and not a right, and may only be used in the event of actual illness or disability to the employee or family members as provided for in this Contract. In the event of a serious illness to an employee who has exhausted his/her sick leave accrual, the City Manager, at his/her discretion, may advance sick leave credits upon expiration of accrued sick leave credits. 2. Sick Leave Accrual. Sick leave shall accrue at the rate of 3.69 hours per pay period for all employees covered by this Agreement, except LEOFF I covered employees, who shall accrue at the rate of 1.85 hours per pay period. The maximum accrual of sick leave -is unlimited, but sick leave payoff shall have a maximum of 1,200 hours. 3. Notification Requirements. An employee requesting sick leave usage must provide the proper notice as established in the Police Department Policy and Procedures Manual. When sick leave extends to three or more consecutive days, the employee may be required to provide proof of illness from a medical doctor if the request is made before the employee returns to work. Misuse of sick leave shall be considered cause for disciplinary action. 4. Use of Sick Leave. Sick leave may be used for the following: a. Illness or injury to the employee, on or off the job, resulting in an inability of the employee to perform his/her work. b. Illness/injury to the employee's immediate family requiring the attendance of the employee to medically care for the family member. Proof of this medical need may be requested by the City in the form of a doctor's verification. Such sick leave is limited to three days per incident, unless specifically approved by the Police Chief. "Immediate Family" for sick leave and bereavement leave benefits shall include only persons related by blood or marriage or legal adoption, which includes parent, wife, husband, brother, sister, child, grandparents or grandchild, and any relative living in the employee's household. Employees on approved sick leave will continue to accrue sick leave. C. Bereavement Leave: Sick leave may be used for purposes of attending a funeral of a family member. Funeral leave shall be limited to not more than three consecutive days per instance, unless specifically approved by the Police Chief. d. Payment of Unused Sick Leave: The City shall pay 20% of accumulated sick leave upon retirement (normal or disability) or death of the employee after completion of ten (10) or more consecutive years of service. The maximum accrual for purposes of sick leave payoff is 1,200 hours. Payment of such sick leave shall be calculated at the employee's base rate of pay. 5. Family Leave An eligible employee may take up to twelve (12) work weeks of family leave during any consecutive twelve (12) month period for: 1. The birth of a child and to care for a newborn child; or 2. Placement with the employee of a child for adoption or foster care; or 3. Care for a spouse, child under the age of 18 years, or parent, but not including parent - in -law, who has a serious health condition; or 135 4. To care for self, if the employee has a serious health condition that makes the employee unable to perform the essential functions of the employee's job. Family leave shall include unpaid leave, paid leave, compensatory time and paid legal holidays, if any. Leave for childbirth, adoption or placement for foster care shall be completed within twelve (12) months after the birth or placement for adoption, as applicable. Family leave shall be charged to accrued sick leave, accrued compensatory time, and floating holidays. Unpaid leave as family leave shall be authorized only after the exhaustion of all forms of available paid leaves above. Vacation may also be used for family leave. Eli ibili : To be eligible for family leave, an employee must have been employed by the City for at least 12 consecutive months prior to the date family leave is to begin and have been compensated for at least 1,250 hours during the same 12 -month period. Family leave is available to all regular full-time and regular part-time employees. Maintenance of Benefits: During periods of family leave, the City will maintain employee and dependent coverage under the health plan under which the employee was enrolled at the time leave commenced and shall make premium payments at the same level as was made prior to leave commencement. Should the employee fail to return to work at the conclusion of authorized family leave, the City shall recover any premiums paid for maintaining health coverage under this section, unless the reason is the continuation, onset, or recurrence of a serious health condition, or other circumstances beyond the employee=s control. Spouses employed by the City are entitled to a combined total of 12 work weeks of family leave for the birth or placement of a child for adoption or foster care, or to care for a child or parent, but excluding a parent -in-law, who has a serious health condition. Medical Certification Required: Each employee requesting family leave shall make application on an approved City application form and provide a certification from the attending physician. Submission of the medical certification should be made at the time of application but shall be submitted not later than 15 calendar days after application is made. Failure to provide the medical certification within the required 15 days after application, and the leave was foreseeable, shall be cause to deny family leave until such time as an acceptable medical certificate is provided to the City. If the validity of the claim is disputed or unclear, the City may require the employee to obtain a second opinion by a provider of the City's choice and at the City's expense. In the event of a dispute between the two providers, the City may require an opinion of a third provider jointly selected by the employer and the employee, the cost of which shall be borne by the City. The opinion of the third party shall be binding. Approval of Family Leave: All requests for family leave require the approval of the employee's Department Head and the Human Resources Manager. An employee planning to take family leave shall complete the request for a leave of absence and provide their Department Head and immediate supervisor with written notice thirty (30) 1315 days in advance of the anticipated date of delivery or placement for adoption, stating the dates the employee intends to take family leave, unless exempted as follows: 1. The birth is premature; 2. The mother is incapacitated due to birth so that she is unable to care for the child; 3. The employee takes custody of the newly adopted child or child placed for foster care at an unanticipated time and is unable to give thirty (30) days advance notice; 4. The Department Head, employee's supervisor and employee agree to notice of less than thirty (30) days. Subject to # 1, below, an employee who exercises any right provided under this section shall be entitled upon return from leave or during any reduced leave schedule: 1. To the same or equivalent position in salary as was held by the employee when the leave commenced; or 2. If the department's circumstances have so changed that the employee cannot be reinstated to the same position, or a position of equivalent pay and benefits, the employee shall be reinstated in any other position which is vacant and for which the employee is qualified. The entitlements above are subject to bona fide changes in compensation or work duties, and do not apply if: 1. The employee's position is eliminated by a bona fide restructuring, or reduction -in - force; or 2. An employee on family leave takes another job; or The City may elect to designate up to ten percent (10%) of its "highly compensated" salaried personnel to be exempt from reinstatement from the FMLA, and the employer shall notify the affected employee of this action and its consequences at the time the employee makes a request for the leave of absence. Family leave for birth or adoption or placement for foster care may only be used in full work week units and may not be used on an hourly basis or on a single day usage basis unless intermittent leave is requested by the employee and approved by both the Department Head and Human Resources Manager. Only the actual number of hours taken will be subtracted from the employee's annual family leave entitlement. Legal holidays occurring during a week of family leave will not extend the total number of weeks of family leave available. Family leave for serious health conditions may be used either as full work week units or on an intermittent or reduced leave schedule if medically necessary. Legal holidays occurring during a week of family leave will not extend the total number of weeks of family leave available. Only the actual number of hours taken will be subtracted from the employee's annual family leave entitlement. 1 S Section C - Holidays The following are the holidays provided for under this Agreement: New Year's Day January I" Martin Luther King Day January 19th Lincoln's Birthday February 12th Washington's Birthday Third Monday in February Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas One Floating Holiday Last Monday in May July 4th First Monday in September November l Ith Last Thursday in November Last Friday in November December 25th Employees covered by this Agreement shall in January of each calendar year, receive 88 96 hours of holiday time (1.8 11 named holidays plus one floating holiday = 88 96 hours) credited to his/her vacation bank. (See Vacation Section for administration of these hours.) 2. An employee has the option of selling back for cash a maximum of forty (40) hours of vacation accrual at any time during the year, in increments of eight (8) hours. Such cash -out of holidays shall be at the employee's regular hourly rate of pay. 3. If an employee is scheduled to work on a holiday, the employee shall receive pay at the rate of time and one-half for all hours worked on the holiday. 4. All hours worked on a holiday in excess of eight (8) hours shall be paid at the double time rate. When an employee is called back to work on a holiday for which he was not previously scheduled to work, all hours worked shall be paid at the double time rate. 6 When the major portion of any shift is on a contractual holiday, the entire shift shall be paid according to this section. 7. If an employee leaves City service, his/her vacation bank will be reconciled based upon the number of holidays which have occurred during that calendar year, prior to leaving City service, excluding the floating holiday. Employees hired during the calendar year shall have the holiday hours credited based upon the number of designated holidays (including the floater) remaining in the calendar year and shall be allowed to use this holiday/vacation time prior to the completion of one year. 8. For those employees working Monday through Friday, when one of the above holidays falls on Saturday, the preceding Friday shall be observed. When such holiday falls on a Sunday, the following Monday shall be observed. ARTICLE VI - HEALTH BENEFITS 1. Medical Benefits: Effective February 1, 2004, based on January 2004 hours and March 2004 coverage and for the life of the agreement, the Ci1y shall pay the monthly premium payment into the Washington Teamsters Welfare Trust for Medical Plan A on behalf of each employee who is compensated for eighty(80) hours or more in the preceding month. This Plan A premium shall include the additional $9.00 monthly premium to maintain the 12 month Premium Waiver Period. Effective January 1, 2005, the employee will contribute 7% of the premiums necessar�to Provide the benefits noted in paragraph one of Article VI, 1., Medical Benefits. Effective January 1, 2005, the employer will contribute 93% of the premiums necessary to provide the benefits noted in paragraph one of Article VI, 1, Medical Benefits. Effective January 1, 2006, the employee will contribute 9% of the premiums necessary to provide the benefits noted in paragraph one of Article VI, 1, Medical Benefits. Effective January 1, 2006, the employer will contribute 91 % of the premiums necessary to provide the benefits noted in paragraph one of Article VI, 1, Medical Benefits. 2. Dental Coverage Effective February 1, 2004, based on January 2004 hours and March 2004 coverage, and for the life of the agreement, the Ci shall pay the monthly premium payment into the Washington Teamsters Dental Trust for Dental Plan A, on behalf of each employee who is compensated for eighty (80) hours or more in the preceding month. The employer will, for the life of the agreement, contribute 100% of the premiums necessary to provide the benefits noted in the foregoing paragraph, Dental Covera Vision Coverage Effective January 1, 2004, based on December 2003 hours and for the life of the agreement, the City pay the monthly premium payment into the Washington Teamsters Vision Care Trust for Vision Plan EXT, on behalf of each employee who is compensated for eighty (80) hours or more in the preceding month. The employer will, for the life of the agreement, contribute 100% of the premiums necessary to provide the benefits noted in the foregoing paragraph, Vision Coverage. Long Term Disability coverage is provided for and paid by the City for LEOFF II Police Officers. The LTD benefits provide for a 90 -day waiting period, with benefits equal to approximately 60% of salary, subject to the specific terms and limitations of the policy. 139 5. Life Insurance: The City will provide term life insurance equal to one times the employee's annual salary, rounded to the nearest thousand, with a maximum of $50,000. The City will also provide AD&D coverage, subject to the terms of the policy. 6. RWT-Plus: Teamsters Retiree Medical Effective June, 2003, the employer shall pay into the Retiree's Welfare Trust the amount of $39.85 per month on behalf of each employee performing work of the bargaining unit, in a represented classification, who is compensated for 80 hours or more in the previous month, to provide the RWT-Plus Retiree Medical Plan. Effective January 1 2004 bssed on December 2003 hours, the employer shall pay into the Retiree's Welfare Trust the amount of 44.85 per month on behalf of each employee performing work of the bar ag inin-g unit, in a represented classification, who is compensated for eighty (80) hours or more in the preceding month, to provide the RWT-Plus Retiree Medical Plan_ In the application of the terms of this article of the labor agreement by and between Teamsters Local Union NO. 589 and the City, it is understood that the contributions to the Retirees Welfare Trust, (RWT-Plus) Plan, shall be as follows: Effective Date (based on preceding_ month) Contribution Rate (monthly): 01-01-04 $44.85 01-01-05 $49.85 01-01-06 $54.85 The RWT-Plus Retiree Medical Plan, shall, for the life of the agreement, be funded solely through authorized payroll diversion. In like manner, it shall remain the responsibility of the participating employees to fund thru payroll diversion any premium increases necessary to maintain this Retiree's Welfare Trust RWT-Plus Retiree medical plan. In the event that employees elect not to have the wages withheld thru a payroll diversion necessary to cover participation in the RWT Plus Retiree Medical Plan, the employee must notify the employer in writing of that decision. The City will provide benefit booklets for the medal, LTD, and life insurance benefits above. The Teamsters will provide benefit booklets for the medical, vision and dental coverage. The premiums, and any ;n, Teases for the benefits above, will be paid for- by he City f6r- the tefm ef the agreement. 14b ARTICLE VII - GRIEVANCE PROCEDURE Section A - Objectives To informally settle disagreements at the employee/supervisor level; to provide an orderly procedure to handle the grievance through each level of supervision; to correct, if possible, the cause of the grievance to prevent future complaints; to promote harmonious relations among employees, their supervisors, and Departmental administrators; to assure fair and equitable treatment of employees; to resolve grievances at the Departmental level before appeal to higher levels. Section B - Definitions The following terms, as used in this Article, shall have the following meaning: Grievance: A complaint by an employee or a Union representative concerning the interpretation or application of this Agreement. A grievance may be filed when the employee believes an injustice has been done because of unfair application of a policy or an alleged violation of any term or condition of this Agreement. Working Day: Exclusive of Saturday, Sunday, and legal holidays. Employee: Any employee of the classified service of the City of Port Angeles Police Department covered by this Agreement. Immediate Supervisor: The person who assigns, reviews, or directs the work of an employee. Division Manager: The person to whom an immediate supervisor reports. Representative: A person who appears on behalf of the employee. Department Head: The Police Chief of the City of Port Angeles. Section C - Exclusions Work assignments, unless the complaint arises out of an allegation that the employee was required to work in violation of applicable sections of this Agreement. 2. Appeals involving demotions, dismissals, incremental denials, suspensions, promotions, separations, and examination procedures. (These matters are within the Civil Service Commission's authority.) Dismissals pursuant to Article III, Section D, are subject to this grievance procedure, if the Civil Service Commission denies hearing the employee's appeal. 3. Work performance evaluations. 4. Impasse in collective bargaining. 5. Grievances filed after ten (10) working days from date of occurrence, or after ten (10) working days from the date the employee had knowledge of an occurrence. 141 Section D - Time Limits Time limits are established to settle grievances quickly. Time limits may be extended by agreement of the parties. If the grievant is not satisfied with the decision rendered, it shall be the grievant's responsibility to initiate the action which submits the grievance to the next level of review within the time limits specified. Failure of the employee to submit the grievance within the time limits imposed shall terminate the grievance process, and the matter shall be considered resolved. Failure of the City to respond within the time limits specified will allow the grievant to submit the grievance to the next higher step of the grievance procedure. Section E - The Parties' Rh!hts and Restrictions 1. A party to the grievance shall have the right to record a formal grievance meeting at the expense of the requesting party. 2. An employee may have a representative present at all steps of the grievance procedure. 3. Reasonable time in processing a grievance will be allowed during regular working hours for the shop steward, with advanced supervisory approval. 4. Nothing within this grievance procedure shall be construed as limiting the right of management to manage the affairs of the City. 5. Grievances of an identical nature, involving an alleged violation of the same article, section, etc., concerning the same subject matter, may be consolidated. 6. Confidential Communication. Any communication between a member of the Union and any recognized Union representative regarding a potential or actual employee grievance will be defined as confidential. 7. The Union, as a representative, may file a grievance alleging that the City has violated specific rights afforded the employees covered by the Agreement. Such grievance shall be filed directly at Step 2 (Department Head level), and shall be bound by the time limitations and procedures set forth in the grievance procedure. Section F - Informal Grievance Disposition Within ten (10) working days from the occurrence of the incident on which a complaint is based, or within ten (10) working days from the employee's knowledge of the occurrence, the employee will promptly meet to verbally discuss the complaint with his immediate supervisor. In those circumstances where the nature of the complaint involves the immediate supervisor, the employee may verbally discuss the complaint with the next higher level of supervision, provided notification is given the immediate supervisor by the employee. Such initial discussion shall precede the use of the formal grievance procedure. If the supervisor fails to reply to the employee within ten (10) working days of the meeting, or if the employee is not satisfied with the decision, the employee may utilize the formal grievance procedure. 14� Section G - Formal Grievance Procedure Step 1: Supervisor The formal grievance procedure shall be initiated by the employee, stating the nature of the grievance, the alleged violation by section or number, and the desired solution, in writing on the City grievance form, together with any supporting documents attached to the grievance form. The grievance form and any supporting documents shall be delivered to the supervisors with whom the informal meeting was held, no later than ten (10) working days from the date of the close of the informal meeting. The supervisor shall hold a formal meeting with the employee to review the facts, gather all supporting documents, discuss the complaint and desired solution, and discuss the proper appeal procedure. The supervisor will issue a written decision on the original grievance form within ten (10) working days of the close of the formal meeting. Step 2: Department Head If the employee feels the immediate supervisor has not resolved the grievance, the employee may appeal to the Department Head. At this time, all supporting documents and evidence relative to the grievance shall be included with the appeal. The Department Head shall hold a formal meeting with the employee and his representative, if requested, within ten (10) working days from the date of the appeal receipt, and attempt to settle the grievance. A decision shall be made, in writing, on the original grievance form, to the employee by the Department Head within ten (10) working days from the close of the formal meeting. Step 3: City Manager If the employee is not satisfied with the decision of the Department Head, he/she may appeal the decision to the City Manager within ten (10) working days from receipt of the Department Head's decision. In his appeal to the City Manager, all supporting documents must be attached to the grievance form, together with the grievant's reason for appeal and stated remedy requested. The City Manager or his designee will review the original grievance, all supporting documents, the Department Head's response, and the remedy requested, and issue a written decision within ten (10) working days of receipt of the grievance. Step 4 - Binding Arbitration If the grievant is not satisfied with the decision of the City Manager, within ten (10) working days after receipt of the decision, the Union may submit the grievance to binding arbitration. For purposes of arbitration, the parties agree to use the Federal Mediation & Conciliation Service and request a list of seven names. The selection of the arbitrator shall be by each side striking a name from the list, with the first party to strike a name determined by a coin toss, until only one name remains. In the event the initial list is not satisfactory to either party, a second list of names may be requested The cost of the arbitrator shall be divided equally between the City and the Union. Cost for witnesses, court reporter, or other individual expenses shall be borne by the requesting party. The Arbitrator shall not have the power to alter, amend, or change any contractual language of the Labor Agreement. 145 ARTICLE VIII - DURATION OF AGREEMENT This Agreement shall be effective January 1, 2004, and shall remain in force through December 31, 2006, and shall remain in effect during the course of negotiations of a new Contract. IN WITNESS WHEREOF, we hereunto attach our signatures this day ofNovember, 2004.. CITY OF PORT ANGELES TEAMSTERS LOCAL #589 Richard Headrick, Mayor Michael Quinn, City Manager Bob Coons, Human Resource Manager 30 r. � Ken Troup, Secretary/Treasurer Pat Clark, Business Representative Jesse Winfield, Shop Steward APPENDIX "B" LETTER OF AMENDMENT TO THE January 1, 2001 —December 31, 2003 LABOR AGREEMENT BY AND BETWEEN THE CITY OF PORT ANGELES AND TEAMSTERS LOCAL 589 COVERING THE SWORN OFFICERS BARGAINING UNIT January 15th, 2004 By our signatures below, the current labor agreement is amended, under Article VI Health Benefits ,as follows: A. Medical Coverage In recognition of the decision to change medical coverage from the JC 28 XL Medical coverage to Washington Teamsters Welfare Trust Medical Plan A, beginning in February 2004, based on January 2004 hours compensated, March 2004 coverage, the City shall: (1). Pay, pending completion of negotiations, the full monthly premium payment into the Washington Teamsters Welfare Trust for Medical Plan A, on behalf of each employee who is compensated for eighty (80) hours or more in the preceding month. This Plan A premium will include the $9.00 per month to the monthly premium for medical insurance, for the purpose of maintaining the extended premium waiver period of 12 months. (2). Reimburse out of pocket expenses paid by employees that are the difference in coverage between that formerly provided under the JC28XL and that provided under the Teamsters Plan A. Medical Plan. Reimbursement would be done based on employees submitting their Explanation of Benefits forms to Human Resources. B. Dental Coverage In recognition of the Trust requirement to change Dental coverage, when the parties elect to change Medical coverage, beginning in February 2004, based on January 2004 hours compensated, March 2004 coverage, the Parties agree to change from the RC Dental Plan 145 coverage to Washington Teamsters Dental Trust Dental Plan A. (1). The City will continue to pay all Dental Plan A Premiums. C All Other Terms and Conditions of the Labor Agreement. All other terms and conditions of the labor agreement shall remain in full force and effect, pending completion of negotiations. �or the City of Port Angeles Michael Quinn, City Manager date / O 146 For Teamsters Local 589 Patrick Clark, Business Representative ate DATE: November 1, 2004 TO: CITY COUNCIL FROM: Glean A. Cutler, Director of Public Works and Utilities SUBJECT: 2005 Wastewater Rate Changes Summary: An update to the Combined Sewer Overflow (CSO) Reduction Plan was approved by City Council at its October 5, 2004 meeting. The Plan recommended a $2.00 per equivalent residential unit (ERU) per month increase in the wastewater rates for all customers to fund combined sewer overflow (CSO) capital projects. A public hearing has been set for this evening. Recommendation: 1) Listen to the presentation, 2) Open the public hearing and 3) Continue the public hearing to November 16, 2004. Background/Analysis: To meet Department of Ecology (DOE) requirements and timetable for control of CSO events, the City updated its Combined Sewer Overflow (CSO) Reduction Plan and submitted it to DOE for approval October 21, 2004. This Plan identified $31.7 million in capital projects over a proposed time period of 25 years, which will have significant financial impacts to the Wastewater Utility. The updated CSO Reduction Plan, as currently structured and approved by the City Council at its October 5, 2004 meeting, recommends a $2.00 per equivalent residential unit (ERU) per month increase in rates for all customers in 2005 to fund combined sewer overflow (CSO) capital projects. This would mean an increase of $2.00 to the residential rate, from $36.25 to $38.25, and an increase of 5.5% to all other rate classes. At its October 18, 2004 meeting, the City Council set a public hearing date of November 1, 2004 to hear a presentation by City staff on the financial aspects of the CSO Reduction Plan and allow public input to the process after the presentation. The public hearing schedule is as follows: November 1, 2004 Listen to presentation by City staff and receive public input; continue public hearing to November 16, 2004 November 16, 2004 Close public hearing; consider adoption of new rate ordinance A presentation on the proposed rate increase will be made before the public hearing is opened. N:ICCOUNCILTINAL%Wastewater Rates Nov IA.doc 147 UM] Proposed 2005 Wastewater Rates November 1, 2004 City Council Presentation J4+O,,ORTANQS` F IMF Presentation • Background • Schedule • Cost Summary • Recommended Council Actions 2 1 S{OF VORTA, Ci F Background • DOE requirement to control to one overflow per year per CSO location by 2015 • CSO Reduction Plan proposes $31.7 Million in improvements to accomplish goal by 2029 • Plan includes yearly $2/ERU per month rate increase to fund Capital Projects in Plan 3 Schedule for Construction of Projects 2005 2005 2007 2608 2009 2010 21,11 2012 2013 2014 2015 2016 2117 2016 2019 2020 2021 2022 2023 2024 2025 2026 2027 202E 2329 bmtowe to WWTP ixaln S1 S0.5M - IS4FMta4VA7P $6.3M — 'S4 $10.3M :rarlds9Ave $2.8M tRAve - Replenish S3.2M- 'S4'Lard $10K- Capital Projects tom, Fund :'ant%rcase $1.5m M MV Purchase S125K- 'ant hlodifua6x $2.6M — iemrcJaryTre"m $2.8M — Mar Comedt yr S 115K Trealmeni aid Conveyance Assumes $500,000 per year of added treatment and co—yance costa implemented after 2010 4 2 5 Proposed Rate Change ($2.00/ ERU) • < 430 CF $32.60 increase by 5.5% to $34.45 • > 431 CF $36.25 increase to $38.25 • Commercial - $8.45 base increase by 5.5% to $8.90/CCF - $2.39/CCF increase by 5.5% to $2.52/CCF J4+OF PORTqkCF` Recommended Council Actions • Nov 1 - Open Public Hearing and Receive Comments • Nov 16 - Continue Public Hearing - Close Hearing - Adopt resolution for Waste Water Rate Changes to fund Capital Projects associated with the CSO Plan 3 .zI. I r oM WASTE WATER RATE CHAN RECOMENDATI S ...from: THE "SOUTH CENTRAL NEIGHBORHOOD" ..."BENEFITS" OF OUR RECOMMENDATIONS FOR YOUR CONSIDERATION ARE: Q (#1)... PROMOTES FAIR & BALANCED VALUE TO THE "AVERAGE" CITY WATER ...(#2)... GIVES THE CITY AN INCENTIVE TO WANT TO PROVIDE A FAIR & MORE BALANCED SERVICE FEE FOR THE "AVERAGE" WASTE WATER USER. ...(#3)... ENCOURAGES DAILY WATER CONSERVATION BY "HIGHER THAN AVERAGE" WATER USERS - TO REDUCE THEIR MONTHLY WASTED WATER USAGE, WHICH WILL REDUCE THEIR UTILITY COSTS. ....IN CLOSING: AFTER 'SERIOUSLY' REVIEWING THESE RECOMMENDATIONS: ... IF EITHER OF THESE PROPOSED RATE STRUCTURES SHOULD CAUSE A REDUCTION IN THE CITY'S PROPOSED / AND ANTICIPATED REVENUE STREAM FOR FUTURE "CSO" CONTROL - - HERE IS A (2) POINT SOLUTION (PLANS - TO OFFSET ANY $$ LOSS CONCERNS: ...(#1)... IT IS COMMON KNOWLEDGE THAT MOST ALL GOVERNMENTAL ENTITIES HAVE "NON -ESSENTIALS" IN THEIR WORK FORCE...... SO PERHAPS (1) "NON-ESSENTIAL" POSITION COULD BE FOUND WITHIN OUR 254 +/- EMPLOYEE GROUPS THAT WOULD BALANCE OUT ANY ESTIMATED ANNUAL REVENUE LOSS. ... (#2) ... THE CITY COULD ASK THE WHOLE COMMUNITY TO ACT AS "GOOD NEIGHBORHOOD WATCH HELPERS" OF THEIR STREET -FOR GUTTER AND MANHOLE COVER GRATE "CLEARING" - (ESPECIALLY THOSE NEIGHBORHOOD AREAS THAT ARE THE MOST SUSEPTIBLE FOR DEBRIS, LEAVES, ETC.). ...THIS, THEN, WILL NOT ONLY GIVE THOSE PARTICIPANTS A SENSE OF PRIDE IN THEIR OWN NEIGHBORHOOD, BUT WILL ALSO REDUCE EXTRA STREET MAINTENANCE TIME AND COSTS FOR THE CITY. (ALSO KNOWN AS: "BMP" ... "BEST MANAGEMENT PRACTICES"). ...THAT SEEMS LIKE A FAIR "IN -KIND EXCHANGE" FOR A BETTER BALANCED WASTE WATER SERVICE PROGRAM - - - WOULDNT YOU AGREE ? ............ QUESTIONS ???!!I ........... .......RECOMMENDATIONS FOR 2005 WASTE/WATER RATE INCREASE .......... ...IN RESEARCHING BASIC INFORMATION FOR THE FOLLOWING SURVEY - WHICH TBEN LEAD TO THE RECOMMENDATION FOR YOUR CONSIDERATION - TONITE -- IT IS OUR UNDERSTANDING THAT THE WASTE WATER BASE # OF 430 CF WAS, AND STILL IS - RELATED TO THE AVERAGE CUBIC FEET OF WATER CONSUMED AT THAT TIME WHEN IT WAS INSTITUTED - MANY YEARS AGO. ...TODAY, OUR FINDINGS - BASED ON 12 VARIED SAMPLINGS FROM RESIDENCES OF: SINGLE WORKING MOMS; SEVERAL RETIRED "STAY AT HOME" RETIREES; COUPLES WORKING FULL TIME WITH (2) FEMALE TEENAGERS AT HOME; ANOTHER WORKING FAMILY WITH (1) MALE TEENAGER AT HOME; RETIRED (TRAVELLING OFTEN) COUPLES; SINGLE RETIRED PERSON WITH LOTS OF GRANDCHILDREN & GUESTS VISITING DAILY; FULL TIME WORKING COUPLE WITH NO CHILDREN; MARRIED PERSON AT HOME ONLY 2 1/2 DAYS A WEEK (HUSBAND WORKING IN SEATTLE AREA); A 21ST CENTURY FAMILY OF (4) WHERE THE DAD DOES "TECH." WORK AT HOME; & EVEN ONE COUNCIL MEMBER PARTICIPATING. ...ALL OF THESE INDICATE (FROM THEIR CITY UTILITY STATEMENTS) OVER A PERIOD OF-, 2 MONTHS TO 24 YEARS THAT THE "REAL" AVERAGE WATER USUAGE IS, AND HAS BEEN FOR QUITE SOME TIME - 758 CUBIC FEET ... (NOT - 430). ...FROM THIS EXTENSIVE RESEARCH TO FIND THE "REAL PEOPLE'S" AVERAGE WATER USAGE GOING INTO 2005, AND BEYOND ???..........OUR RECOMMENDATIONS ARE THESE: A WASTE WATER FLAT RATE CHARGE OF :... $33.00 BASE FOR/ 0 - 500 CF.; ...$37.00 BASE FOR 501 - 1000 CF.; ..... $38.00 FOR A BASE OF 1001 - 19,500 CF.;.... AND, $39.00, (OR, EVEN- $40.00 FOR OVER 1501 CF. - TO MEET PROJECTED REVENUE). ...AN ALTERNATE OFFER IS: $33.60 BASE FEE FOR / 0 - 750 CF ;...$38.25 FOR / 751-1500 CF; AND, $39.25 FOR OVER 1501 CUBIC FEET RESIDENTIAL CONSUMPTION. ...THESE TWO PROPOSALS ARE IN RELATION TO THE STAFF'S PROPOSAL OF: $32.60 FOR 0 - 429 CF; AND, $38.25 FOR 430 CF AND OVER -- FOR RESIDENTIAL SERVICES. ...OTHER CUBIC FOOT AVERAGES THAT YOU MAY ALSO BE INTERESTED IN (FOR INFORMATION ONLY) ... AS THESE FIGURES HAVE NOT BEEN INCLUDED IN THE SURVEY. ... CITY FACILITIES/ LOCATIONS (PARKS, LANDSCAPED AREAS, ETC.)... CONSUMED LOTS OF CFs (OVER _ TIIE PAST 33 MON'HIS). [ HERE'S 0 OF 68 CITY LOCATIONS ]. ....:.....(JAN. 102 THRU SEPT. '04... 19 MONTHS).......... LIST HERE.......... ......... AND ......... ...HERE'S 0 OF 5 CITY SCHOOL LOCATIONS: FOR THE 9 MOS. '04 /STEVENS MDL. - 988 CF. MO. AVRG. /// SR.HIGH - 1931 CF. MO. AVRG., AND, FRANKLIN ELEM. - 1095 CF. MO. AVRG. ...AND I'M QUITE SURE THAT MOST CITY UTILITY CUSTOMERS HELPED TO PAY THOSE UTILITY BILLS, ALSO..... cF = `' 3.2•60 yO/a o _ �s-o� 33.4o /sal q 01 -s -VL _. Zi 3 9, Zs 35 fo5/%o _ ll g3 � = /, /2.,/ /C �o --!- v o - 5- F= 33 — - 37`�o 50 / - /o -o -a - ? q ff 38 =-1.3 t?lm� 6 " I© (5- 0 ��,� �..a, - �� �9 9 Q� _(,53 Mas / 3 81 e F /� o 06 Ctk�g, -7-5- /,o .s1, q3/ �?o• � 0 .d,�. = 988 Ma. 01 - off) (�3 Mos ��a��No# ro CITY OF' ORT NGELES ►�_ WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: November 1, 2004 TO: CITY COUNCIL /%� � C✓ FROM: MICHAEL QUINN, CITY MANAGER `" " I YVONNE ZIOMKONA'SKI, FINANCE DIRECTOR' 00 SUBJECT: BUDGET HEARING ON REVENUE FOR YEAR -2005 Summary: The City of Port Angeles is required by RCW 84.55.120 to hold a public hearing on revenue sources for the coming year's budget in order to receive citizen output. There will be a brief presentation by the Finance Director and City Manager. A copy of the Preliminary Budget is available for citizen review. Recommendation: Conduct the Public Hearing and consider public comments prior to the final adoption of the budget currently scheduled for December 7, 2004. Back,ground / Analysis: In accordance with state statues, the Preliminary Budget was filed with the City Clerk on November 1, 2004. In the interim, the Finance/Budget Committee of the City Council met in four separate work sessions to review the revenue and expense impact of the Budget. Before the final 2005 recommendations are made, the Budget Committee will have additional work sessions in November to review the proposed changes to be incorporated into the final 2005 budget. At this hearing, the public is invited to respond and comment on their concerns for consideration in setting up any taxes, charges, and fees as well as any specifics contained in the budget document. The Public Hearing needs to include consideration of possible increases in property tax revenue. To comply with Initiative 747, the maximum amount the regular property tax levy can be increased in any year, by a simple majority vote of the legislative body, is the lesser of one percent or the rate of inflation defined as an increase in implicit price deflator (HPD) for personal consumption expenditures for the previous twelve months as published in September of each yearby the Bureau of Economic Analysis. This is the first of several public hearings on the budget. This means that the preliminary budget is constantly changing and the final budget presented for the Council adoption will be different. The preliminary budget for 2005 sets forth a program of revenue and expenses totaling $76,237,452. This is 1.5% more than 2004 budget. Almost 4.4% of budget is supported by the use of reserves mostly for construction projects in utilities. The graph below shows the City's revenue sources. The major portion of revenue is from rate charges for utilities which represents 52% of all revenues. Taxes represent 16% of citywide revenue, up from 14% in 2004, as a result of implementing 1/10 of one percent of sales tax designated for emelAii9cy communications. This allocation changes in General and Street Funds. Taxes are the major revenue source in these funds. They represent 61% of revenue sources. The majority of these revenues support public safety (55%), parks and recreation programs (16%), and street maintenance (16%). There will be a brief summary presentation by the City Manager and Finance Director on the City's financial condition and on the revenue proposals. Reserves Used 4% Other City -Wide Revenue Source $76,237,452 Taxes 16% Intergovernmental 6% Charges for Services 14% 2% Utility Collection 53% Fines & Forfeitures 2% Intergovernmental 2% Licenses & Permits 2% General Fund & Street $16,266,714 Charges for Services 26% Interest Transfers 5% Taxes 61% 1% Msc. 1% 0 6 7 to NO: NNWa. �j 2005 Revenue vs. 2004 Budg, it Summary of Revenues by Sources Change 2005 Budget 2004 Budget $ % Taxes 12,334,627 11,106,118 1,228,509 11.061 Licenses & Permits 388,890 365,670 23,220 6.35 Intergovernmental 4,786,005 3,099,218 1,686,787 54.43 Fines & Forfeitures 275,000 275,000 0 0.00 Charges for Services 10,695,974 10,349,064 346,910 3.35 Utility Collection 39,786,840 37,387,613 2,399,227 6.42 Interest Revenue 850,659 1,043,564 -192,905 -18.49 Miscellaneous 2,312,908 971,057 1,341,851 138.18 Loans and Bonds 0 1,310,000 -1,310,000 -100.00 Interfund Transfers 1,477,818 1,599,631 -121,813 -7.62 Reserves Used 3,328,731 7,628,217 -4,299,486 -56.36 Total 76,237,452 75,135,152 1,102,300 1.47 I - q -7 7c A'a, 1 Total Revenues $76,237,45 By Sources `. ................ Interfund . . Transfers Interest 2% Reserves Other M VM 6% 3% I% Tax Revenue Compariso . $121334, 62 7 t ° a Lodging Criminal Emergency Tax Gas Tax Justice Cormwication 30/6 3% REET `o =% ;lephone Ta)es 4% 1 rY r � f f r 3 General Fund Revenue Sources $14,768,615 Licenses & Permits—, from Other Funds Mise Fines & 2% 1% Forfeitures 2% M Intergovernmental 2% n General Fund General Fund Revenue Total Revenue 14,768,615 14,149,740 618,875 4.37 5 2005 2004 Variances Proposed Budget $ % Taxes 9,079,076 8,327,552 751,524 9.02 Licenses & Pernits 388,890 365,670 23,220 6.35 Intergovernmental 315,958 268,084 47,874 17.86 Charges for Services 4,277,309 4,318,816 (41,507) (0.96) Fines & Forfeitures 275,000 275,000 0 0.00 Miscellaneous 237,382 261,633 (24,251) (9.27) Transfers from Other Funds 195,000 195,000 0 0.00 Reserves Used (Excess) 0 137,985 (137,985) WA Total Revenue 14,768,615 14,149,740 618,875 4.37 5 N a® 1!1 M Assessed Valuation of Property • :• Estimated at , 4� 20 $1,179,939,552, this;is 1M/6' more 1,200-- 15 than the 2004 ` c 1,000 . assessment 800,o .c $1',1046226 ,682 800 5 0 for.Special Levy200 0 Included. is , o _5 ` $e7,000�VO6 in ,ggb1�5�g�ogg1,9°j0,gggrytl" ,A.ry ryp�,9J0,0� 0 ��tma T new construction ' c� �Q`°`° R i $ Amount t % of Change ry� ry� qg� r C Property Tax Rates What does this mean to the taxpar with a $150,000 house` 10% increase in Assessed Valuation and 1% increase in tax levy Includes $111,803 more «� in taxes` but rate is $0.21 less than 2004 What does this mean to the taxpar with a $150,000 house` 10% increase in Assessed Valuation and 1% increase in tax levy Includes Special Levy $684,488 refund levy m 197 CHy Pier ■1991 Sr. Cr. p 1992 FNe Hall O �brary1995 Llbtary ■2001 FIm Band ■Settlement Daistar t!4 1995 g.C. 53ond (,C' uviV) $292,525 on $0.28 pu $1,000 20014;.V. ✓2efu di 4 ✓`3ond (Satan eent" and Sure 3&U) $381,963 on $0.37 pen $1,000 9 10 Sales Tax $ 2,875;500" :• $167,725 or 7% M Y Highly sensitive to: 3,500 — Economic conditions 3,000 of construction of GF'revenue ,Level w 2,500 guS111esseS moping'; 2,000 , outside of city'limits J-- 1,500 — Internet sales 1,000 Electric Utility. B It $468,975 soo This tax is or 19.5% mo than in o 2004, budget {$3C?t},000, , q°-1 oj� 9& �� 990 90 cA° 0°1 cQ� o°� 05`• a1 t� from the graving `tlock) 1 ti ti ti ti J eF •ep •o� ep esents 19.5°I° � ti of GF revenue Utility Taxes $0.,2,616,101 • :• $167,725 or 7% M increase over, 2004 budget ' •"Represents;.18°/0' of GF'revenue 64% of utility tykes are , wo de,6ved from the o Electric Utility. This tax is $11657,648 3 11 Intergovernmental $315,958 •:- Liquor Excise tax and Liquor Board Pr i ($206,416); $29K above last year's b g estimated at $11.20 per capita ($10.6 in 2004). ❖ Criminal Justice $23,889 ($0.95 per, c •' ) ❖'COPS Grant $33,125 •:- OPNET $40,000 40% of Liquor Board And 28% of Liquor Excise distr. to cities 12 Interest Revenue $125,000 13 400 Interest revenue 950 Is projected at Same level as soo If 2004 250- 50200150 200- 150 k 100- 50 0 �� oh �� A0 0°' o� 2 0� yam• z� ea ea 0°a� o�e�` ore°` ore°`� i w 13 9% Interest Rates ■ 8/27/2004 ■ 8/24/1999 1312/1511994 ❑ 2/1/1990 nth 6 month 2 year 5 year 10 year 30 year Fines and Forfeitures $2 75, 000 ❖ Fines and Forfeitures are budgeted at the same level as 2004 and include Municipal Court fines $240,000 — Parking ticket penalties $351000 A o M• M 14 Charges for Services $4,278 309 ❖ Charges for Services decreased, by 1 %" or. $41,507: n �F1tG 1'f 1: 111Pi �iFf"fl�7�fftn 'Fns i'fii�iiiee. f�ri�r�.vira.n�.�r... '•. ►brts in august` 2003 15 Street Fund $1,498,099 Gas Taxes $382,238 16 500 25 450 24 400 • 0 350 23 E IC c 300 a • 0 250 m F 200 21 b 150 20 *0 100 Distributed Amount 50 - $ per Capita 19 E 0 18 16 Lodging Tax ❖ Revenue projected at $430,000, 4.8% more than 2004 4°°,°°° Increase in support �Artaurt -•-�9a 8°.°0 70.00 of the marke#ing.� 00.00 program 250.0 s°° s No designation for 200000 40 30.O 000 the Convention ,O�,,000 Center in 2004 '00 amended"' an, 2005 ° - 0.00 (10.00) A A t � Pen Com $a-11,888,1141 ❖ $1, 888,11 4, New sales tax $650,000 plus $250,QOO from Other 2S o% 250 capital 6% ` Sales Tax { reserves 34 %1 • $503,028 from 9`-1-1 revende 911 Revenues Capital 27% Reserves e• $483,086 from 1% ,,* , • users. :* 17 M W-1 Utility Collection $39, 7869 84 SW- SW - Collection Landfill { Wastewater 7% 6% 9% Water water 8% 1% l Electric Utility Revenues $0,28,256,171 u • Industrial Interest on Transmission Investments rmi 19 Water Revenue $6,319,993 Rate Interest & Other Stabilization Prior Year Bonds Revenue 11% & Loans 1% 38% e" Operating Revenue 50% 2005 Residential rates for Water $14.95 base + $1.19 per 100 cu ft Wastewater $4,396,618 Bonds & Loans 7% Interest & Other Revenue 1% Proposed $2 Rate for CSO Reserves 8% 20 Solid Waste Collection $2.9714 ,230 Commercial Collection 34% Almost $630K Other to reserves 4% Residential Collection 62% 21 Internal Services Funds Self - Insurance RRO/ $6,438,116 M, Equipment Services 30% 11 HUI I I ICU U" Internal Services Funds... -:• Self -Insurance $349,7696 — 9.6% medical rate increase — Increase in employee co -payment to 7% n 12% ❖ Equipment Services $2,215,260(4'% incr - Operating charges $1,006,648 * - Replacement charges $973,729 ** tis Information Technology $725,160 ($75,21 * increased — Includes $106,500 for capital improvements 22 Fine Art Center $120,000 4 y ❖ Challenging to. r support services. s` ❖ Supported by - - ' -, / "Friends„ and LL Foundation •:-25i000 transfer `{ y from General k J Fund y 23 i • • Questions? y M • y y 23 pOYr V- r CRY of Port Angeles ''j,,"Operty Tax City Levies for 2005 . Regular Tax Levy; two limits . Special Tax Levy; voters approved . Refund Levy -r Second Year 1 Regular Property Tax Levy Limitations . Amount can be increased by 1% or IPD index, whichever is less . Maximum rate of levy is $3.60 per $1,000 AV less NOLS of max $0.50 t What is a Refund Levy? • This is to be used to refund taxpayers the amount of all taxes recoverable by judgments rendered against the county • Refund levy has precedence over other levies • Refund levy can't exceed the Statutory Rate Limit, but is excluded from the levy amount limitation 2 f ' Why a Refund Levy? • Court settlement for one of the City's major taxpayers in 2002 • Settlement includes refunding of four years of back taxes in the amount of $250,000 annually • City is responsible for $60,000 in regular levy and $10,000 in special levy annually for three years starting in 2004 D lit1 Mj� �IFF �,i Add 1 % (maximum allowable by Initiative 747) $33,351 Add new construction (estimated to be $9 million @ $3.14 per $1,000) $28,228 7 Assessed Va I uation . For 2004 tax levy $1,064,490,502 . Preliminary assessment for 2005 levy is $1,179,939,552 and includes: . 10% increase in AV based on market update, and - . $9,000,000 — new construction What Does This Mean for the 4�-'E Tax Rate? . Assuming 10% . Assuming 20% increase in AV, increase in AV . The rate would be . The rate would be $2.93 per $1,000 $2.69 per $1,000 AV AV Both rates are below the maximum allowable rate of $3.10 per $1,000! City's 2005 Tax Levy Assuming It min. 10% increase in AV _ • Regular levy $3,456,683 less $60,000 refund levy • City would receive $3,396,683 • Street $463,480 • General Fund $2,933,203 • $109,463 morVn 2004 What boos: This Mean to the Taxpayer With a $150,000 House? Assuming 10% increase in AV and $9 M in new construction ki What Does This Mean to; the Taxpayer With a $150,000 Howe? Assumes 20% increase in AV and $9 M in new construction ni Pt� ,I I, aFt!" What about the tax levy for priced house? * Based on 2003 AV for 2004 levy the average house value for PA was $105,000 * 2004 tax rate for the City was $3.14 per $1,000 AV * 2004 tax amount $329.70 0 What about tax levy for the same house for 2005 levy? • Assuming 10% growth in AV for 2005 levy based on market update • Average house value in 2004 estimated at $115,000 • Based on estimated tax rate of $2.93 per $1,000 AV • Estimated tax amount for 2005 levy $336.95, this is $7.25 more per year • Assuming 20% growth in AV for 2005 levy based on market update • Average house value in 2004 estimated at $125,000 • Based on estimated tax rate of $2.69 per $1,000 AV • Estimated tax amount for 2005 levy $336.25, this is $6.55 more per year 7 a Pr1O4'IIITlN1 M1'A&Mi1N 0 IMI Pffiloriv Tall l'17 'Arj Property Tax Allocation Debt Refund Service 2% 16% Street Fund Ow 11% General Fund Property Taxes paid by the City Residents based on 2004 levy • Total tax levy $12.84 per $1,000 • Ave. house value $105,000 • Tax amount $1,348 How much of total property jJ" taxes come to the City . Less than $330 or 24% of total property taxes represents the City's levy 10 How much of total property 4,taxes come to the City? owl Clallam County Port, Library, Hospital Voted Levy 7% 5% 12% State City's Regular Levy 22% 24% School District 30% 11 ORT NGELES CITY OF'P �_,,,.• W A S H 1 N G T O N, U. S. A. CITY COUNCIL MEMO DATE: November 1, 2004 TO: CITY COUNCIL FROM: SUE ROBERDS, ASSISTANT PLANNER SUBJECT: STREET VACATION PETITION - STV 04-01 REID - PORTION OF THE 16/17 ALLEY EAST OF "A" STREET Summary: Mr. and Mrs. Burt Reid filed a petition to vacate a portion of unused 16/17 Alley right-of- way between "A" Street and the Tumwater Truck Route to allow for the consolidation of industrially zoned property that they own abutting the alley. Recommendation: The Department of Community Development recommends that the City Council open the scheduled public hearing and continue action on the attached ordinance to November 16, 2004. Background / Analysis: A valid petition for vacation of a portion of the unopened 16/17 Alley right-of-way was submitted by Mr. and Mrs. Burt Reid who own property abutting the subject right-of-way. The Real Estate Committee considered the proposal in September, 2004, and set compensation for the right-of-way at $2.30 per square foot based on the valuation of other property in the area. Following a public hearing conducted by the Planning Commission on October 13, 2004, the Commission forwarded a recommendation of approval of the vacation to the City Council. (An excerpt of the Planning Commission's minutes is attached to this memorandum for your information.) Logical access to the consolidated site would be from "A" Street via Lauridsen Boulevard, which would require the rededication of a portion of "A" Street. However, unless "A" Street is rededicated, access to the subject area can only be obtained through 17`'' Street via the Truck Route which may require improvement to the Truck Route at the discretion of the State Department of Transportation and the City. Commercial/industrial traffic will not be permitted from the north through the residential portion of "A" Street. As Public Works staff are continuing to work with the petitioners regarding access issues, it is recommended that the matter be continued to November 16, 2004. Staff will be available for comment. The staff report including maps and the application petition are also attached for your information. Sue Roberds, As tant Planner Attachments: Ordinance, conditions, findings, and conclusions Planning Commission 10/13/04 minutes excerpt Staff report Application/Petition 151 152 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of the 16/17 alley west of Tumwater Truck Route in Port Angeles, Clallam County, Washington. WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of the 16/17 alley west of Tumwater Truck Route in Port Angeles, Clallam County, Washington; and WHEREAS, the City Council initiated said vacation by Resolution No. 16-04; and WHEREAS, street vacations are categorically exempt from the requirements of the State Environmental Policy Act (SEPA) rules as set forth in WAC 197-11-800(2)(h); and WHEREAS, a public hearing has been held by the City Council following public notice pursuant to Chapter 35.79 RCW; and WHEREAS, said vacation appears to be of benefit to and in the interest of the public; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1 - Vacation. Subject to the terms and conditions of this Ordinance, the following described right-of-way as shown on the attached Exhibit A, is hereby vacated. The 16/17 alley west of Tumwater Truck Route Street abutting Lots 6 through 15, Block 444, Townsite of Port Angeles, Clallam County, Washington as shown in Exhibit A attached. Section 2 - Compensation. Pursuant to RCW 35.79.030, the compensation required for the vacation of this street is $11,500.00. -1- 153 Section 3 - Quit Claim Deed. The owners of abutting property entitled to the vacated street, pursuant to RCW 35.79.040, may present a quit claim deed to the City of Port Angeles for execution by the Mayor, who is hereby authorized and directed to execute such quit claim deed. Section 4 - Effective Date. This Ordinance shall be effective only upon the satisfaction of the terms and conditions of this Ordinance. Upon that satisfaction, the City Clerk is hereby directed to publish this Ordinance and to file a certified copy with the Clallam County Auditor and the Clallam County Assessor. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the _ day of November, 2004. ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: By Summary G t1L egal_Back up10RDINANC ES &RESOLUTIONS12004.21. Rei dStreetV ac.Ord. wpd October 11, 2004 -2- 154 MAYOR RECOMMENDED CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF STREET VACATION PETITION - STV 04-01 - REID: Conditions: 1. Industrial access to the site shall be from 17`'' Street to the Tumwater Truck Route, or "A" Street to Lauridsen Boulevard, the design of which shall be as approved by the City of Port Angeles Department of Public Works and Utilities and the State Department of Transportation prior to development. 2. Lots owned by the petitioner in Block 444 shall be combined into one building site per Zoning Lot Covenant prior to the issuance of any building permit for the property. Findings: 1. A petition requesting vacation of that portion of unused right-of-way located west of the Tumwater Truck Route legally described as abutting Lots 6 - 15, Block 444, Townsite of Port Angeles was received on July 13, 2004, from Mr. Burt Reid. 2. Abutting property owners to the right-of-way are Mr. Burt Reid and the City of Port Angeles. The petition is valid as it was signed by the owner of at least two thirds of the abutting property, Mr. Burt Reid, who is the owner of Lots 6 - 13, Block 444, TPA, with the City of Port Angeles being the remaining property owner of Lots 5, 14, and 15, Block 444, TPA, located west of the Tumwater Truck Route, which is an arterial street. 3. The area is zoned IL, Industrial Light. The IL zone allows for a variety of industrial uses which are largely devoid of exterior nuisances and typically involve the manufacture of finished products from pre -fabricated materials, material storage or product wholesaling. The zone provides the basic urban land use pattern for light industrial uses with direct access to an arterial street and requires a minimum of 10' wide buffering of mature trees between the zone and adjacent residential uses. 4. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right-of-way. Land Use Map Goal, Policies and Objective Element Goal A; Land Use Element Commercial Goals and Policies Goal D, and Policy D.3; and Industrial Element Goals and Policies Goal G, Policy G.2, and Goal H are relevant to the proposal. 5. The City of Port Angeles' Real Estate Committee met on September 13, 2004, and established that the value of the unopened right-of-way is $2.30 per square foot. The subject area is 250' x 20' for a total of 5,000 square feet in area. Compensation for the property would then be $11,500. 6. The alley right-of-way is currently accessed by "A" Street which was vacated south of the site in order to combine the City's Municipal yard uses along both sides of the street at the location. Rededication of "A" would allow access from the subject site to Lauridsen Boulevard. Traffic along "A" Street from the north is restricted to residential only. Industrial access to and from the subject lots located north of the 16/17 alley to the Tumwater Truck Route can be obtained via 17' Street across adjacent properties (Lots 11, 12, and 13) within 155 Conditions, Findings, and Conclusions STV 04-01 - Reid Page 2 the block, which are also owned by the petitioner, if consolidated with other property in the block owned by the petitioner. No utilities are located in the 16/17 Alley right-of-way. 7. No industrial access will be allowed through the residential street ("A" Street). The most eastern portion of the subject right-of-way terminates at the Tumwater Truck Route, which is also State Route 117, and a City arterial street. 8. Access south of 16' Street on "A" Street has been blocked off. 9. The State Department of Transportation (DOT) representative reported that it will be the City's decision whether or not to allow a connection to the Truck Route, which is not an access controlled state highway inside the City. However, DOT maintains operational control of the highway and may require mitigation such as a turn lane as a result of a proposed connection. in coordination with the City of Port Angeles. The City and the applicant will work with the Washington State Department of Transportation when development is proposed for the site requiring industrial access to the Tumwater Truck Route. The State Department of Transportation (DOT) has indicated that access to the Truck Route must be developed per the City's standards with review by the DOT in the event that mitigating measures such as a turn lane are needed. 10. The vacating of a street is categorically exempt from a State Environmental Policy Act (SEPA) review per Section 197-11-800 (2) (h) of the Washington Administrative Code. 11. The site was posted for a land use action and required publication appeared in the Peninsula Daily News on September 26, 2004. 12. At its September 21, 2004, regular meeting, the Port Angeles City Council established a public hearing date for action on the street vacation petition as November 1, 2004. 13. The Port Angeles Planning Commission held a public hearing on the proposed street vacation on October 13, 2004, and forwarded a recommendation to the City Council for final consideration. Conclusions: A. Established traffic patterns on .surrounding streets will not be negatively impacted by the vacation. In fact, if the site is developed to its industrial potential, the flow of traffic to and from the site will be directed to the Tumwater Truck Route, which is an arterial street, and will ensure that the adjacent residential neighborhood is not negatively impacted. B. "A" Street abutting the subject block south to Lauridsen Boulevard would provide ingress/egress to the site if rededicated. C. As conditioned, site development will consolidate the industrial property to ensure logical development of the site with adequate access for the industrial development. D. The proposal is consistent with the goals and policies of the City's Comprehensive Plan 156 Conditions, Findings, and Conclusions STV 04-01 -Reid Page 3 specifically: Land Use Map Goal, Policies and Objective Element Goal A; Land Use Element Commercial Goals and Policies Goal D, and Policy D.3; and Industrial Element Goals and Policies Goal G, Policy G.2, and Goal H were found to be relevant to the proposal. E. The street vacation is in the public interest as it places unused right-of-way on the tax roles and allows for the retention and expansion of existing businesses in the area. Adopted by the Port Angeles City Council at its meeting of November , 2004. Richard A. Headrick, Mayor Becky J. Upton, City Clerk 157 M. Planning Commission Minutes October 13, 2004 Page 2 STREET VACATION PETITION - STV 04-01 - REID - Portion of the 16/17 Alley east of "A" Street in Block 444. Director Brad Collins presented the staff report and a memo from Assistant Planner Sue Roberds dated October 13, 2004, amending the staffreport, recommending the Commission forward a recommendation of approval to the City Council, citing 2 conditions, 12 findings, and 5 conclusions. Commissioner Schramm asked if "A" Street would remain blocked to through traffic if the recommended access from "A" Street to Lauridsen Boulevard is completed. City Engineer Jim Mahlum indicated that it would remain blocked to through traffic. Commissioner Nutter expressed concern about access to the site being from the Tumwater Truck Route to "A" Street through 17`h Street. Director Collins pointed out that the State of Washington Department of Transportation indicated that they have no objection to that access and that currently the only legal access to the site is via 17`h Street and the City could not deny the applicant access to his property. He also indicated that another action by the Real Estate Committee to rededicate a portion of "A" Street is required before an access through "A" Street to Lauridsen Boulevard can be created. Vice Chair Rasmussen opened the public hearing. Burt Reid, 919 W. Lauridsen Boulevard, Port Angeles stated that he agreed with the staff's report and that he intended to work cooperatively with the city to gain access via "A" Street to Lauridsen Boulevard rather than creating a main access through the existing right-of-way at 17`h Street to the Truck Route. He further indicated, following questions from the Commission, that he would like a secondary emergency access and that he would consider any configuration of a cul-de- sac to achieve a solution acceptable to both him and the City. There being no further public comment, Vice Chair Rasmussen closed the public hearing. Under direct questioning, Mr. Reid indicated that it is important to have adequate emergency access to the site and that he would be willing to work with the City to create an access that would include a cul-de-sac for turn around as part of opening the "A" Street access. Commissioner Schramm stated that better language needed to be included to address the issue of access through the residential portion of"A" Street. Director Collins indicated that a finding could be included to ensure that "A" Street is blocked off to commercial traffic, but not the site. Commissioner Nutter requested that the last sentence of finding #7 requiring access to the Tumwater Truck Route be struck. Director Collins agreed, but reiterated that the only legal access route currently in place is via 17`h Street to the Truck Route. Director Collins then suggested adding a 13" finding stating that "`A' Street is currently blocked off at 16`h Street for any further access to the south and is blocked off just north of 17`h Street for any access to the north from the south". Commissioner Schramm moved to forward a recommendation to the City Council to approve the street vacation with the amended conditions, findings, and conclusions. Conditions: 1. Industrial access to the site shall be from 17`h Street to the Tumwater Truck Route, or "A" Street to Lauridsen Boulevard, the design of which shall be as approved by the City of Port Angeles Department of Public Works and Utilities and the State Department of Transportation prior to development. 159 Planning Commission Minutes October 13, 2004 Page 3 2. Lots owned by the petitioner in Block 444 shall be combined into one building site per Zoning Lot Covenant prior to the issuance of any building permit for the property. Findings: 1. A petition requesting vacation of that portion of unused right-of-way located west of the Tumwater Truck Route legally described as abutting Lots 6 - 15, Block 444, Townsite of Port Angeles was received on July 13, 2004, from Mr. Burt Reid. 2. Abutting property owners to the right-of-way are Mr. Burt Reid and the City of Port Angeles. The petition is valid as it was signed by the owner of at least two thirds of the abutting property, Mr. Burt Reid, who is the owner of Lots 6 - 13, Block 444, TPA, with the City of Port Angeles being the remaining property owner of Lots 5, 14, and 15, Block 444, TPA, located west of the Tumwater Truck Route, which is an arterial street.. 3. The area is zoned IL, Industrial Light. The IL zone allows for a variety of industrial uses which are largely devoid of exterior nuisances and typically involve the manufacture of finished products from pre -fabricated materials, material storage or product wholesaling. The zone provides the basic urban land use pattern for light industrial uses with direct access to an arterial street and requires a minimum of 10' wide buffering of mature trees between the zone and adjacent residential uses. 4. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right-of-way. Land Use Map Goal, Policies and Objective Element Goal A; Land Use Element Commercial Goals and Policies Goal D, and Policy D.3; and Industrial Element Goals and Policies Goal G, Policy G.2, and Goal H are relevant to the proposal. 5. The City of Port Angeles' Real Estate Committee met on September 13, 2004, and established that the value of the unopened right-of-way is $2.30 per square foot. The subject area is 250' x 20' for a total of 5,000 square feet in area. Compensation for the property would then be $11,500. 6. The alley right-of-way is currently accessed by "A" Street which was vacated south of the site in order to combine the City's Municipal yard uses along both sides of the street at the location. Rededication of "A" would allow access from the subject site to Lauridsen Boulevard. Traffic along "A" Street from the north is restricted to residential only. Industrial access to and from the subject lots located north of the 16/17 alley to the Tumwater Truck Route can be obtained via 17th Street across adjacent properties (Lots 11, 12, and 13) within the block, which are also owned by the petitioner, if consolidated with other property in the block owned by the petitioner. No utilities are located in the 16/17 Alley right-of-way. 7. No industrial access will be allowed through the residential street ("A" Street). The most eastern portion of the subject right-of-way terminates at the Tumwater Truck Route, which is also State Route 117, and a City arterial street. 8. Access south of 16t' Street on "A" Street has been blocked off. 9. The State Department of Transportation (DOT) representative reported that it will be the City's decision whether or not to allow a connection to the Truck Route, which is not an access controlled state highway inside the City. However, DOT maintains operational 160 Planning Commission Minutes October 13, 2004 Page 4 control of the highway and may require mitigation such as a turn lane as a result of a proposed connection. in coordination with the City of Port Angeles. The City and the applicant will work with the Washington State Department of Transportation when development is proposed for the site requiring industrial access to the Tumwater Truck Route. The State Department of Transportation (DOT) has indicated that access to the Truck Route must be developed per the City's standards with review by the DOT in the event that mitigating measures such as a turn lane are needed. 10. The vacating of a street is categorically exempt from a State Environmental Policy Act (SEPA) review per Section 197-11-800 (2) (h) of the Washington Administrative Code. 11. The site was posted for a land use action and required publication appeared in the Peninsula Daily News on September 26, 2004. 12. At its September 21, 2004, regular meeting, the Port Angeles City Council established a public hearing date for action on the street vacation petition as November 1, 2004. 13. The Port Angeles Planning Commission held a public hearing on the proposed street vacation on October 13, 2004, and forwarded a recommendation to the City Council for final consideration. Conclusions: A. Established traffic patterns on surrounding streets will not be negatively impacted by the vacation. In fact, if the site is developed to its industrial potential, the flow of traffic to and from the site will be directed to the Tumwater Truck Route, which is an arterial street, and will ensure that the adjacent residential neighborhood is not negatively impacted. B. "A" Street abutting the subject block south to Lauridsen Boulevard would provide ingress/egress to the site if rededicated. C. As conditioned, site development will consolidate the industrial property to ensure logical development of the site with adequate access for the industrial development. D. The proposal is consistent with the goals and policies of the City's Comprehensive Plan specifically: Land Use Map Goal, Policies and Objective Element Goal A; Land Use Element Commercial Goals and Policies Goal D, and Policy D.3; and Industrial Element Goals and Policies Goal G, Policy G.2, and Goal H were found to be relevant to the proposal. E. The street vacation is in the public interest as it places unused right-of-way on the tax roles and allows for the retention and expansion of existing businesses in the area. The motion was seconded by Commissioner Philpott and passed 6 - 0. 161 m ORT NGELES 0.7 FILE W A S H I N G T O N, U. S. A. x_17 ,`"WrA DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Chair Hewins and Planning Commissioners FROM: Sue Roberds, Assista P' DATE: October 13, 2004 r� RE: STV 04-01 ,I APPLICANT: Burt Reid OWNERS: City of Port Angeles and Burt Reid REQUEST: Vacation of a portion of the 16/17 Alley right-of-way east of "A" Street DEPARTMENT RECOMMENDATION: The Department of Community Development recommends that the Planning Commission forward a recommendation of approval to the City Council of street vacation petition STV 04-01 based on 2 conditions, 12 findings, and 3 conclusions found in Attachment A. BACKGROUND: A petition requesting vacation of a portion of unopened City right-of-way was submitted by Mr. Burt Reid on July 13, 2004. The petition requests vacation of that portion of the 16/17 Alley located north of Seventeenth Street between the Tumwater Truck Route and "A" Street. The property is described as being contained within Block 444, Townsite of Port Angeles. The City of Port Angeles is the abutting property owner along the south side of the alley west of the Tumwater Truck Route (Lots 5, 14, 15, and 16) with the applicant owning Lots 6 - 13. The City's ownership within the subject area is under consideration for surplus, and the applicant has stated that he would like to purchase the surplussed properties in order to consolidate the remaining usable property within the block. The application materials and a map are provided in Attachment B. DEPARTMENT REVIEW AND PUBLIC COMMENT: AV The Public Works and Utilities Department has no objection to the proposed alley vacation. City sewer, water, power, and refuse disposal are available to the site. AF The Fire Department has no objection too t3he proposed street vacation. Community Development Department Staff Report October 13, 2004 STV 04-01 - Reid .,.....�. •.,. Page 3 ` AVT h'e��o ice Dep artment made no comment on the proposed street vacation. AV The State Department of Transportation had no concerns regarding access to the Truck Route, which is also State Highway 117. The Department of Transportation (DOT) representative reported that it will be the City's decision whether or not to allow a connection to the Truck Route, which is not an access controlled state highway inside the City. However, DOT maintains operational control of the highway and may require mitigation such as a turn lane as a result of a proposed connection,. in coordination with the City of Port Angeles. N The Community Development Department: Properties within the block abutting the subject alley are currently undeveloped. "A" Street is vacated abutting and west of Lots 10 and 11 in the subject block, with the City's Public Works and Utilities pole yard located directly west of vacated "A" Street in that location. Property south of the subject block is zoned industrial and is owned by the City. The Clallam Transit Authority's main site is located further south across Lauridsen Boulevard. Zoning north and northwest of the site is residential and is less developed with residents owning several lots with those along the ridge of the Tumwater Truck Route ravine being less developed than neighbors to the west of "A" Street. The applicant is proposing to acquire the remaining property within the block that is owned by the City abutting the Tumwater Trick Route. If that ownership is acquired, all properties within the block could be consolidated under the ownership of the petitioner into one building site with a single access via 17" Street to the Trick Route, which is located east of the site. The slope from 17th Street (east) to the Trick Route which is the proposal, does not present a topographic access issue. Areas of potential impact of the proposal are summarized as follows: Traffic Patterns: Established traffic patterns in the area will not be affected by the vacation as the right-of-way has never functioned as a through street. When developed, main industrial access to the site would be from the Tumwater Truck Route via 17th Street rather than from "A" Street, as "A" Street is residentially zoned and industrial traffic will not be permitted. Therefore, the site access for industrial purposes will not change as a result of the proposed action. Development Patterns: The proposal will not affect development of other sites in the area as the right-of-way that would be eliminated is not required for service to developable areas. Vacation of the right-of-way would result in lots within the block becoming combined into a larger buildable site for development to a light industrial use. The unopened right-of-way is 250'x 20' in area for a total of 5000 square feet. Environmentally Sensitive Areas: The site does not contain environmentally sensitive areas, except for the edge of the Tumwater Creek Ravine, which has been previously altered at this location by the construction of the Tumwater Truck Route. Public Health, Safety and Welfare: Vacation of the proposed right-of-way will not interfere with the public's health, safety or welfare. The right-of-way has no value to the City as public space and returns no revenue in the form of taxes while in public ownership. 164 October 13, 2004 Community Development Department Staff Report STV 04-01 -Reid Page 3 PUBLIC NOTIFICATION: Per required publication and notification procedures, the site was posted, and notice of the petition filing was published in the Peninsula Daily News on September 26, 2004. COMPREHENSIVE PLAN AND ZONING ORDINANCE: The subject property is designated Industrial (I) on the Comprehensive Plan Land Use Map and Industrial Light(IL) on the City's Zoning Map. While the Comprehensive Plan was reviewed in its entirety in consideration of the proposed street vacation, the following goal was found to be most specific to the proposal: Land Use Element - Commercial Goals and Policies Goal D - To create and maintain a healthy and diverse commercial sector for a balanced and stable local economy. This goal will be met by putting unused right-of-way on the City's tax roles. Goal D, Policy 3 - The City should vacate rights-of-way to facilitate retention of existing businesses and location of new businesses where land assembly is necessary to achieve the desired urban design of the City. This policy will be met with the proposed street vacation as the intent of the vacation is to consolidate property for a more logical development of a new business site. Industrial Goals and Policies Goal G - To create and maintain a healthy and diverse industrial sector for a balanced and stable local economy. Specific goals and policies found to be relevant to the proposal are identified in Attachment B to this staff report. ENVIRONMENTAL REVIEW: The vacating of a street is categorically exempt from the State Environmental Policy Act (SEPA) review per Section 197-11-800 (2) (h) of the Washington Administrative Code. This action constitutes a recommendation to the City Council. The City Council has scheduled a public hearing for consideration of the petition at its November 1, 2004, regular meeting. Attachments: A - Conditions, findings, and conclusions in support of street vacation B - Comprehensive Plan and Zoning Information C - Petition 165 166 Community Development Department Staff Report STV 04-01 - Reid Page 4 October 13, 2004 ATTACHMENT A Conditions, Findings, and Conclusions in Support of Street Vacation Petition - STV 04-01 Conditions: 1. Industrial access to the site shall be from the Tumwater Truck Route at 17`h Street and shall be designed as approved by the City of Port Angeles Department of Public Works and Utilities and the State Department of Transportation prior to development. 2. Lots owned by the petitioner in Block 444 shall be combined into one building site per Zoning Lot Covenant prior to the issuance of any building permit for the property. Findings: 1. A petition requesting vacation of that portion of unused right-of-way located west of the Tumwater Truck Route legally described as abutting Lots 6 - 15, Block 444, Townsite of Port Angeles was received on July 13, 2004, from Mr. Burt Reid. 2. Abutting property owners to the right-of-way are Mr. Burt Reid and the City of Port Angeles. The petition is valid as it was signed by the owner of at least two thirds of the abutting property, Mr. Burt Reid, who is the owner of Lots 6 - 13, Block 444, TPA, with the City of Port Angeles being the remaining property owner of Lots 5, 14, and 15, Block 444, TPA, located west of the Tumwater Truck Route, which is an arterial street.. 3. The area is zoned 1L, Industrial Light. The IL zone allows for a variety of industrial uses which are largely devoid of exterior nuisances and typically involve the manufacture of finished products from pre -fabricated materials, material storage or product wholesaling. The zone provides the basic urban land use pattern for light industrial uses with direct access to an arterial street and requires a minimum of 10' wide buffering of mature trees between the zone and adjacent residential uses. 4. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right-of-way. Land Use Map Goal, Policies and Objective Element Goal A; Land Use Element Commercial Goals and Policies Goal D, and Policy D.3; and Industrial Element Goals and Policies Goal G, Policy G.2, and Goal H are relevant to the proposal. 5. The City of Port Angeles' Real Estate Committee met on September 13, 2004, and established that the value of the unopened right-of-way is $2.30 per square foot. The subject area is 250'x 20' for a total of 5,000 square feet in area. Compensation for the property would then be $11,500. 6. The alley right-of-way is currently accessed by "A" Street which is vacated south of the site. Traffic along "A" Street is restricted to residential only. Industrial access to and from the subject lots located north of the 16/17 alley to the Tumwater Truck Route can be obtained across adjacent properties (Lots 11, 12, and 13) within the block, which are also owned by the petitioner, if consolidated with other property in the block owned by the petitioner. No utilities are located in the right-of-way. 167 Community Development Department Staff Report October 13, 2004 STV 04-01 - Reid Page 5 7. No industrial access will be allowed through the residential street ("A" Street). The most eastern portion of the subject right-of-way terminates at the Tumwater Truck Route, which is also State Route 117, and a City arterial street. Access must be developed to the Truck Route for industrial development/access to the site. 8. The State Department of Transportation (DOT) representative reported that it will be the City's decision whether or not to allow a connection to the Truck Route, which is a non access controlled state highway inside the City. However, DOT maintains operational control of the highway and may require mitigation such as a turn lane as a result of a proposed connection. in coordination with the City of Port Angeles. The City and the applicant will work with the Washington State Department of Transportation when development is proposed for the site requiring industrial access to the Tumwater Truck Route. The State Department of Transportation (DOT) has indicated that access to the Truck Route must be developed per the City's standards with review by the DOT in the r� event that mitigating measures are needed such as a turn lane. 9. The vacating of a street is categorically exempt from a State Environmental Policy Act (SEPA) review per Section 197-11-800 (2) (h) of the Washington Administrative Code. 10. The site was posted for a land use action and required publication appeared in the Peninsula Daily News on September 26, 2004. 11. At its September 21, 2004, regular meeting, the Port Angeles City Council established a public hearing date for action on the street vacation petition as November 1, 2004. 12. The Port Angeles Planning Commission held a public hearing on the proposed street vacation on October 13, 2004, and forwarded a recommendation to the City Council for final consideration. Conclusions: A. Established traffic patterns on surrounding streets will not be negatively impacted by the vacation. In fact, if the site is developed to its industrial potential, the flow of traffic to and from the site will be directed to the Tumwater Truck Route, which is an arterial street, and will ensure that the surrounding residential neighborhood is not negatively impacted. B. As conditioned, site development will consolidate the industrial property to ensure logical development of the site with adequate access for the industrial development. C. The proposal is consistent with the goals and policies of the City's Comprehensive Plan specifically: Land Use Map Goal, Policies and Objective Element Goal A; Land Use Element Commercial Goals and Policies Goal D, and Policy D.3; and Industrial Element Goals and Policies Goal G, Policy G.2, and Goal H were found to be relevant to the proposal. D. The street vacation is in the public interest as it places unused right-of-way on the tax roles and allows for the retention and expansion of existing businesses in the area. .: Community Development Department staff Report STV 04-01 - Reid Page 6 October 13, 2004 ATTACHMENT B COMPREHENSIVE PLAN and ZONING ORDINANCE COMPREHENSIVE PLAN The subject property is designated as Industrial (1) on the City's Comprehensive Plan Land Use Map. The Comprehensive Plan was reviewed in its entirety in consideration of the proposed street vacation, and the following goals and policies were found to be most relevant to the proposal: Land Use Map Goal Policies and Objective Goal A - To guide current and future development within the City in a manner that r provides certainty to its citizens about future land use and the flexibility necessary to meet the I challenges and opportunities of the future. Land Use Element -Commercial Goals and Policies Goal D - To create and maintain a healthy and diverse commercial sector for a balanced and stable local economy. This goal will be met by putting unused right-of-way on the City's tax roles. Goal D, Policy 3 - The City should vacate rights-of-way to facilitate retention of existing businesses and location of new businesses where land assembly is necessary to achieve the desired urban design of the City. This policy will be met with the proposed street vacation and is the intent of the vacation - to consolidate property in an area for a more logical development. Industrial Goals and Policies Goal G - To create and maintain a healthy and diverse industrial sector for a balanced and stable local economy. Goal G Policy 2 - Office and commercial uses may be allowed in specific designated industrial areas. Goal H - To provide opportunities for industrial development in a manner which efficiently uses the community's various attributes and natural resources, has minimal impact on the environment, and contributes to the City's quality of life. The vacation will allow for the consolidation of industrial properties that, if developed individually, would not result in the coordinated use of the area as well as is proposed. A condition of street vacation approval could ensure that properties abutting the right-of-way are consolidated into one building site which will ensure that the future development of properties within the block are consolidated resulting in the need for only one access to the Truck Route. 169 Community Development Department Staff Report STV 04-01 - Reid Page 7 ZONING: October 13, 2004 The site is zoned Industrial Light (IL) on the City's Zoning Map. The purpose of the IL Zone is: This is an industrial zone intended to create and preserve areas for industrial uses which are largely devoid of exterior nuisances in close proximity to airports and highways. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non -industrial property, and do not have an exceptional demand on public facilities. These types of industrial uses typically involve the manufacture of finished products from pre fabricated materials, product wholesaling, and material storage. Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required. While industrial and commercial uses that are largely devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products and entertainment businesses with adult -only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides the basic urban land use pattern for light industrial uses with direct access on an arterial street, design standards for greater truck traffic, and buffers for nonindustrial uses. " Uses permitted in the Industrial Light zone include: 17.32.020 Permitted Uses. A. Manufacturing buildings for: 1. Clothing, shoes, and garments. 2. Electrical, electronic, and communications equipment. 3. Handicrafts, jewelry, musical instruments, and toys. 4. Assembly of machinery, such as but not limited to engines, vehicles, boats, aircraft, and parts thereof. 5. Medical, dental, optical, and orthopedic instruments and appliances. 6. Assembly of metal products, such as small arms, pens, office furniture, tools, and household appliances. 7. Microbreweries. 8. Assembly of mobile and modular homes and home components. 9. Wood products, such as cabinets, furniture, fixtures, and pre -fabricated building components. B. Retail: 1. Adult entertainment businesses. 2. Auto and truck service stations, gasoline service islands. 3. Chain saw sales and service stores. 4. Cocktail lounges and taverns. 5. Restaurants and cafes. 6. Retail establishments accessory to building materials, electrical, and plumbing supplies. C. Wholesale Distribution: 1. Warehouse buildings and yards. 2. Wholesale stores. D. Services: 1. Building maintenance and janitorial services buildings. 2. Equipment rental stores, including heavy equipment. 170 Community Development Department Staff Report STV 04-01 - Reid Page 8 October 13, 2004 3. Laundry and dry cleaners buildings. 4. Machinery maintenance and repair shops. 5. Mini -warehouses. 6. Business and professional offices. 7. Research and development laboratories. 8. Storage yards and maintenance shops for builders, contractors, and governmental agencies. 9. Veterinary clinics, offices, and kennels. E. Transportation and Communication: I. Airports, airport terminals, and related facilities. 2. Freight companies terminals. 3. Household moving and storage buildings. 4. Mass transit terminals. 5. Off-street business parking structures and lots. 6. Parcel delivery service buildings. 7. Printing, publishing, and book -binding buildings. 8. Vehicular services facilities, such as automotive and truck rentals, vehicle maintenance and repair shops, auto and truck body and paint shops, and auto and truck engine repair shops. 17 32 080 Desien and Landscapi - A. A minimum five-foot landscaping area shall be provided abutting public rights-of- way, except for approved curb cuts. B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining non -industrially zoned property or on public rights-of-way. C. A ten -foot wide buffer zone must be maintained adjacent to all residentially or commercially zoned property, which buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. A visual screen, consisting of solid fencing, landscaping, or other materials, shall be provided in the buffer zone. Such a screen shall be to a height of 6 feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge of 6 feet mature height within three years of the planting date; except that approved vehicle driveway openings shall not be obstructed. D. One tree shall be provided for each 10 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. 171 172 October 13, 2004 Community Development Department Staff Report STV 04-01 - Reid Page 9 Requeste I autidse City of Port Angeles/Reid,,, SN 04-01 Exhibit A city 444 173 `T 74 r 176 Community Development Department Staff Report STV 04-01 - Reid Page 4 October 13, 2004 ATTACHMENT A Conditions, Findings, and Conclusions in Support of Street Vacation Petition - STV 04-01 Conditions: 1. Industrial access to the site shall be from 17' Street or "A" Street to the Tumwater Truck Route, the design of which shall be as approved by the City of Port Angeles Department of Public Works and Utilities and the State Department of Transportation prior to development. 2. Lots owned by the petitioner in Block 444 shall be combined into one building site per Zoning Lot Covenant prior to the issuance of any building pen -nit for the property. Findinias: 1. A petition requesting vacation of that portion of unused right-of-way located west of the Tumwater Truck Route legally described as abutting Lots 6 - 15, Block 444, Townsite of Port Angeles was received on July 13, 2004, from Mr. Burt Reid. 2. Abutting property owners to the right-of-way are Mr. Burt Reid and the City of Port Angeles. The petition is valid as it was signed by the owner of at least two thirds of the abutting property, Mr. Burt Reid, who is the owner of Lots 6 - 13, Block 444, TPA, with the City of Port Angeles being the remaining property owner of Lots 5, 14, 15, and 16 Block 444, TPA, located west of the Tumwater Truck Route, which is an arterial street. 3. The area is zoned IL, Industrial Light. The IL zone allows for a variety of industrial uses which are largely devoid of exterior nuisances and typically involve the manufacture of finished products from pre -fabricated materials, material storage or product wholesaling. The zone provides the basic urban land use pattern for light industrial uses with direct access to an arterial street and requires a minimum of 10' wide buffering of mature trees between the zone and adjacent residential uses. 4. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right-of-way. Land Use Map Goal, Policies and Objective Element Goal A; Land Use Element Commercial Goals and Policies Goal D, and Policy D.3; and Industrial Element Goals and Policies Goal G, Policy G.2, and Goal H are relevant to the proposal. 5. The City of Port Angeles' Real Estate Committee met on September 13, 2004, and established that the value of the unopened right-of-way is $2.30 per square foot. The subject area is 250'x 20' for a total of 5,000 square feet in area. Compensation for the property would then be $11,500. 6. The alley right-of-way is currently accessed by "A" Street which is was vacated south of the site in order to combine the City' Municipal vard uses along both sides of the street at the location. Rededication of "A" Street would allow access from the subject site to Lauridsen Boulevard. Traffic along "A" Street is restricted to residential only. Industrial access to and from the subject lots located north of the 16/17 alley to the Tumwater Truck Route can be obtained via 17' Street across adjacent properties (Lots 11, 12, and 13) within the block, which are also owned by the petitioner, if consolidated 177 uommumty veveiopmeot Department ,itan tceport October 13, 2004 STV 04-01 - Reid Page 5 7. No industrial access will be allowed through the residential street ("A" Street). The most eastern portion of the subject right-of-way terminates at the Tumwater Truck Route, which is also State Route 117, and a City arterial street. Access must be developed to the Truck Route for industrial development to occur 8. The State Department of Transportation (DOT) representative reported that it will be the City's decision whether or not to allow a connection to the Truck Route, which is not an access controlled state highway inside the City. However, DOT maintains operational control of the highway and may require mitigation such as a turn lane as a result of a proposed connection. in coordination with the City of Port Angeles. The City and the applicant will work with the Washington State Department of Transportation when development is proposed for the site requiring industrial access to the Tumwater Truck Route. The State Department of Transportation (DOT) has indicated that access to the Truck Route must be developed per the City's standards with review by the DOT in the event that mitigating measures such as a turn lane are needed. 9. The vacating of a street is categorically exempt from a State Environmental Policy Act I (SEPA) review per Section 197-11-800 (2) (h) of the Washington Administrative Code. 10. The site was posted for a land use action and required publication appeared in the Peninsula Daily News on September 26, 2004. 11. At its September 21, 2004, regular meeting, the Port Angeles City Council established a public hearing date for action on the street vacation petition as November 1, 2004. 12. The Port Angeles Planning Commission held a public hearing on the proposed street vacation on October 13, 2004, and forwarded a recommendation to the City Council for final consideration. Conclusions: A. Established traffic patterns on surrounding streets will not be negatively impacted by the vacation. In fact, if the site is developed to its industrial potential, the flow of traffic to and from the site will be directed to the Tumwater Truck Route, which is an arterial street, and will ensure that the adjacent residential neighborhood is not negatively impacted. B. As conditioned, site development will consolidate the industrial property to ensure logical development of the site with adequate access for the industrial development. C. The proposal is consistent with the goals and policies of the City's Comprehensive Plan specifically: Land Use Map Goal, Policies and Objective Element Goal A; Land Use Element Commercial Goals and Policies Goal D, and Policy D.3; and Industrial Element Goals and Policies Goal G, Policy G.2, and Goal H were found to be relevant to the proposal. D. The street vacation is in the public interest as it places unused right-of-way on the tax - roles and allows for the retention and expansion of existing businesses in the area. 178 Community Development Department Staff Report STV 04-01 - Reid Page 6 October 13, 2004 ATTACHMENT B COMPREHENSIVE PLAN and ZONING ORDINANCE COMPREHENSIVE PLAN The subject property is designated as Industrial (1) on the City's Comprehensive Plan Land Use Map. The Comprehensive Plan was reviewed in its entirety in consideration of the proposed street vacation, and the following goals and policies were found to be most relevant to the proposal: Land Use Map Goal Policies and Objective Goal,4 - To guide current and future development within the City in a manner that provides certainty to its citizens about future land use and the flexibility necessary to meet the I challenges and opportunities of the future. Land Use Element - Commercial Goals and Policies Goal D - To create and maintain a healthy and diverse commercial sector for a balanced and stable local economy. This goal will be met by putting unused right-of-way on the City's tax roles. Goal D, Policy 3 - The City should vacate rights-of-way to facilitate retention of existing businesses and location of new businesses where land assembly is necessary to achieve the desired urban design of the City. This policy will be met with the proposed street vacation and is the intent of the vacation - to consolidate property in an area for a more logical development. Industrial Goals and Policies Goal G - To create and maintain a healthy and diverse industrial sector for a balanced and stable local economy. Goal G Policy 2 - Office and commercial uses may be allowed in specific designated industrial areas. Goal H - To provide opportunities for industrial development in a manner which efficiently uses the community's various attributes and natural resources, has minimal impact on the environment, and contributes to the City's quality of life. The vacation will allow for the consolidation of industrial properties that, if developed individually, would not result in the coordinated use of the area as well as is proposed. A condition of street vacation approval could ensure that properties abutting the right-of-way are consolidated into one building site which will ensure that the future development of properties within the block are consolidated resulting in the need for only one access to the Truck Route. 179 Community Development Department Staff Report STV 04-01 - Reid Page 7 ZONING: October 13, 2004 The site is zoned Industrial Light (IL) on the City's Zoning Map. The purpose of the IL Zone is: This is an industrial zone intended to create and preserve areas for industrial uses which are largely devoid of exterior nuisances in close proximity to airports and highways. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non -industrial property, and do not have an exceptional demand on public facilities. These types of industrial uses typically involve the manufacture of finished products from pre fabricated materials, product wholesaling, and material storage. Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required. While industrial and commercial uses that are largely devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products and entertainment businesses with adult -only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides the basic urban land use pattern for light industrial uses with direct access on an arterial street, design standards for greater truck traffic, and bi ffers far nonindustrial uses. " Uses permitted in the Industrial Light zone include: 17.32.020 Permitted Uses. A. Manufacturing buildings for: 1. Clothing, shoes, and garments. 2. Electrical, electronic, and communications equipment. 3. Handicrafts, jewelry, musical instruments, and toys. 4. Assembly of machinery, such as but not limited to engines, vehicles, boats, aircraft, and parts thereof. 5. Medical, dental, optical, and orthopedic instruments and appliances. 6. Assembly of metal products, such as small arms, pens, office furniture, tools, and household appliances. 7. Microbreweries. 8. Assembly of mobile and modular homes and home components. 9. Wood products, such as cabinets, furniture, fixtures, and pre -fabricated building components. B. Retail: 1. Adult entertainment businesses. 2. Auto and truck service stations, gasoline service islands. 3. Chain saw sales and service stores. 4. Cocktail lounges and taverns. 5. Restaurants and cafes. 6. Retail establishments accessory to building materials, electrical, and plumbing supplies. C. Wholesale Distribution: 1. Warehouse buildings and yards. 2. Wholesale stores. D. Services: 1. Building maintenance and janitorial services buildings. 2. Equipment rental stores, including heavy equipment. 180 I Community Development Department Staff Report STV 04-01 - Reid Page 8 October 13, 2004 3. Laundry and dry cleaners buildings. 4. Machinery maintenance and repair shops. 5. Mini -warehouses. 6. Business and professional offices. 7. Research and development laboratories. 8. Storage yards and maintenance shops for builders, contractors, and governmental agencies. 9. Veterinary clinics, offices, and kennels. E. Transportation and Communication: 1. Airports, airport terminals, and related facilities. 2. Freight companies terminals. 3. Household moving and storage buildings. 4. Mass transit terminals. 5. Off-street business parking structures and lots. 6. Parcel delivery service buildings. 7. Printing, publishing, and book -binding buildings. 8. Vehicular services facilities, such as automotive and truck rentals, vehicle maintenance and repair shops, auto and truck body and paint shops, and auto and truck engine repair shops. 17.3 ! 080 Design and Landscaping. A. A minimum five-foot landscaping area shall be provided abutting public rights-of- way, except for approved curb cuts. B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining non -industrially zoned property or on public rights-of-way. C. A ten -foot wide buffer zone must be maintained adjacent to all residentially or commercially zoned property, which buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. A visual screen, consisting of solid fencing, landscaping, or other materials, shall be provided in the buffer zone. Such a screen shall be to a height of 6 feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge of 6 feet mature height within three years of the planting date; except that approved vehicle driveway openings shall not be obstructed. D. One tree shall be provided for each 10 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. 181 182 ATTACHMENT C CITY OF PORT ANGELESIfl E C E g V� STREET VACATION PETITIO JUL 1 3 2004 TO: The City Council of the City of Port Angeles, Washington -TY OF PORT ANGELES t. of Community Development Come now the undersigned petitioners and pursuant to -Chapter 35.79 RCW respedtfully show: 1. The undersigned petitioners request that the following described portion of Sc e- Lel Ar Street/Alley in the City of Port Angeles be vacated pursuant to Chapter 35.79 RCW (legally describe the property requested for vacation below). T4c--%c. loo+-t'o., s o Lots �, ♦�� 1S a.,d f 4 r a//<YDDural-y b� rs�rer, /6�4 a� /7 T( S�I-.r�fs; a/� in (�/o�kr�4444-T�ow-vs;k O f /o ✓I /q t �r3 � L yy I m LlJ t S fr v l y o T �f� t GCS CS � i h C o� / Lt' IN Ll�a /� ►- Trtic k Rou 72. N 2. Each of the undersigned petitioners is the owner of an interest in real estate abutting on the above described area. 13. / persons own property abutting on said area 4. The names and addresses of property owners abutting on said areas are as follows: Name Address 983 5: The undersigned petitioners constitute more than two thirds of the owners of said abutting property_ WHEREFORE, the petitioners ask that proceedings be commenced hereon for the vacation of said area of said T.,..,,,Rf:,. Tr k et ,y- Street/Alley in the manner prescribed in Chapter 35.79 RCW. Respectfully submitted, Name Address File No. '% 12- a y 183 Ph one -?6a;h0-0720 ly 04--206 SP 9 -C)9-15 °'� f 6 -As -74 1 , 12J 13 '• } •� 1 py�e6u �t . f r I , 9+274Si 16 rT f l J J 0• J 04-774 J 1 ' 17 ,J f � • r ` ♦ I 19 �'• J: B 0*7Td0• ♦f ! J J • J 7 •� 30 f ', • s it I r, 7 I` r ♦ . 1 , s f , bi�27� • • Q J f , ♦ . J I 17 is J 14 J ,If 1s /y NOW f ,' �� ,• � 1�,if' Ea;V99 to D"4Z 19 70 ,� E Jf 7 J• �, f�I � , , y' r' • 11 11 i• J i f .�'.� 12 13 S � f to 16 1 ,s / a J r If IS J yfrJ i a it 19 J ♦ E J J f f 1 f J r 20 I I' -�u� -•. ,f f 184 ,� ,, •GRT NGELES WAS H I N G T O N, U.S.A. CITY COUNCIL MEMO DATE: November 1, 2004 TO: CITY COUNCIL FROM: Brad Collins, Community Development Director SUBJECT: 2004 Development Regulations GMA Update Summary: The State Legislature mandated that the City update its Comprehensive Plan and development regulations by December 1, 2004. Following adoption of the Comp Plan update in June, the City staff proposed amendments to the Zoning Code, the Subdivision Ordinance, and the Critical Areas Ordinances consistent with the updated Comp Plan and the Growth Management Act (GMA) as required by statute. The Planning Commission's recommendations of approval include a number of administrative amendments to the Municipal Code as well as those required for the GMA update. However, the Planning Commission recommended approval on only one of the three proposed area -wide rezones. Recommendation: Conduct and continue the public bearing and action on the Municipal Code Amendments 04-02 to the November 16, 2004, regular meeting of the City Council. Background / Analysis: One of the major changes in the update includes the incorporation of best available science (BAS) into the Critical Areas Ordinances (CAOs). The City has revised Port Angeles Municipal Code (PAMC) Chapter 15.24 Wetlands Protection to be similar to Clallam County's wetlands requirements. This approach focuses on functions and values as opposed to just size in determining the level of protection. The primary issue, which has been controversial around the State, involves buffer requirements for various categories of critical areas. The Puget Sound Water Quality Action Team (PSWQAT) has commented on the City's draft amendments and suggested adding a larger number of and more defined habitats to our critical areas. The Planning Commission reviewed the PSWQAT's recommendations and have passed those comments on to the City Council for consideration without any recommendation from the Planning Commission. In review of PSWQAT's suggestions and recommendations City staff notes that the City Council has taken previous positions on some issues such as adoption of the Department of Ecology 2001 Stormwater Manual and that PSWQAT's concerns about other issues such as feeder bluffs may not recognize existing conditions of shoreline protections and urban uses. In this example, the City's Waterfront Trail and industrial waterline prevent the marine bluffs in the City from functioning as feeder bluffs. The City Council must decide whether or not to add PSWQAT's recommendations and how to accomplish the suggested work. 185 CC Memo 2004 Development Regulations Update November 1, 2004 Page 2 Following amendments to the City's Comprehensive Plan and Land Use Map in June, 2004, and in conjunction with the concurrent proposed amendment to the City's zoning regulations establishing an RS -11 Residential Single Family zone at 4 dwelling units per acre in the City, staff reviewed those areas that were changed from Medium Density Residential (MDR) to Low Density Residential (LDR) on the City's Land Use Map to determine where property should be rezoned to be consistent with this Comp Plan change. Additionally, staff proposed extending the Community Shopping District (CSD) zone both east and west along Eighth Street from Laurel Street to Oak Street and from Chase Street to Peabody Street to facilitate redevelopment that is taking place near the commercial node at 8th and Lincoln Streets. The development of the City's water treatment facilities at the Landfill has generated a minor rezone extending the PBP zone that will allow for the consolidation of public properties with vacated right-of-way. Such extensions or redesignations within the context of the annual Municipal Code Amendments have been treated as area -wide rezones in the past. Two of the three City proposed area -wide zoning map amendments did not receive recommendations of approval by the Planning Commission based on lack of property owner support or procedural concerns for a site specific rather than area -wide rezone. The City provided published notice of all the rezones as required for area -wide rezones, which do not require legal notice to individual property owners nor to neighboring property owners within 300 feet. However, in this case the City did mail notices to individual property owners within the RMD/RS-9 to RS-9/RS-11 rezone area, since their properties were being downzoned (i.e., rezoned to less intensive uses). One property owner in the area testified before the Planning Commission in opposition to the downzone. At the time of the Comp Plan update in June, several property owners located along Milwaukee Drive near the proposed rezone area testified in favor of redesignating the area from Medium Density Residential (MDR) to Low Density Residential (LDR). Based on the lack of support for the proposed RS -11 rezone from individual property owners within the rezone area, the Planning Commission voted 4 to 1 against approval of the proposed RS -11 rezone (see the excerpt of the Planning Commission 10/27/04 Minutes). The dissenting Planning Commissioner agreed with the proposal, due to the need inside the City for large lot housing opportunities at the minimum allowed urban density of 4 dwelling units per acre instead of allowing such development only outside the City. The majority of Planning Commissioners supported adding an RS -11 Zone to the Zoning Code, which is another proposed amendment, but not at the expense of reducing RMD zoning in the City from 152 acres to 101 acres. The Planning Commissioners decided not to recommend approval of the rezone of land next to the City's Landfill from IL to PBP, because they felt that the proposal was site specific rather than area -wide and required a separate review process. The Planning Commission unanimously supported the CN to CSD rezone of four blocks along 8`h Street between Laurel and Oak Streets and between Chase and Peabody Streets. Both of these latter rezones (IL to PBP and CN to CSD) had support from affected property owners within the rezone areas. CC Memo 2004 Development Regulations November 1, 2004 Page 3 Creation of a parks impact fee ordinance constitutes a third major area of proposed amendments to the Municipal Code. The primary purpose of this code amendment relates to the problems of meeting parks and recreation requirements in State and City subdivision laws. Most of the subdivisions approved in 2004 were located in outlying areas of the City where there were no parks or children's play areas. Since such recreation requirements must be met at the time of subdivision, each subdivision may be required to provide a private play area that does not meet the City's standards for a public neighborhood park. Adjustments to these standards requiring a minimum of two acres for a public park make it even less likely that any subdivisions, except really large ones such as the Green Crow Campbell Avenue subdivision, will be able to meet the needs for safe play areas, particularly for very young children. State statutes provide cities with the financial authority to require impact fees for public improvements associated with new developments such as subdivisions. However, in their review of the issue the Planning Commission found that the proposal is not ready for approval at this time and should be continued until next year when staff has had more time to work out the details. There are a number of administrative amendments related to interpretations and other language changes necessary to update the Municipal Code. All of the changes will be provided to the City Council in draft form in your mail boxes under separate cover from the agenda packet. If you have any questions, please feel free to contact DCD staff, since these are legislative amendments and not quasi-judicial actions. The Council's Community and Economic Development Committee has scheduled review of the Planning Commission's recommendations on the proposed amendments for November 5, 2004, and can be expected to report their recommendations to the City Council at the next regular Council meeting scheduled for November 16, 2004. Attachments: Excerpts of the Planning Commission 9/8/04, 9/22/04, 10/13/04, and 1028/04 Minutes Puget Sound Water Quality Action Team 10/27/04 Comment Letter Area -Wide Rezone Maps Under separate cover (draft Titles 3, 14, 15, 16, and 17 and draft Ordinance) G:ICNCLPKTIPLANNING1110104B.wpd 187 flw.* Planning Commission Minttles September- 8, 2004 Page 2 WORK SESSION: Review of proposed development regulations - Titles 15 (Environment), 16 (Subdivisions), and 17 (Zoning) of the Port Angeles Municipal Code. Associate Planner Scott Jolnis provided an overview of the major revisions to the Environmental Protection Ordinance, Title 15, The Subdivision Code, Title 16, and the Zoning Code, Title 17 that are being suggested. Staff indicated that the work session should focus on the major issues of the proposed changes rather than being concerned about specific wording or typographical errors at this meeting. Chair Hewins began by designating Title 15 as the first topic of discussion for the Commission. Discussion regarding the definitions section ensued, surrounding the idea of creating a new chapter for definitions within Title 15 or leaving definition sections within each Chapter of the Title. Commissioners Rasmussen, Norton and Hewins all indicated a preference for creating a new chapter. Director Collins indicated that some definitions are specific only to one chapter or are taken from the Washington State Codes. Commission members also expressed concern that the definitions were not consistent from one chapter to another and that this could lead to confusion and other problems when applying the regulations. Staff indicated that they would review the definitions sections to attain consistency among definitions and to reduce redundancy and duplication of definitions. Commissioner Norton expressed concernregarding the phrase :"financial guarantees" as used in the new language outlining required items in reports. He felt that the requirement was not well defined and that it would be unclear to an applicant as to what was actually required. Chair Hewins indicated that the language is intended to allow an applicant to suggest what form of financial guarantee would be best for the applicant. Director Collins also pointed out that financial guarantees are currently required for the deferment of other types of development infrastructure. Commissioner Rasmussen indicated that the term "qualified professionals" is used several places throughout the different chapters of the environmental code, however the term was not well defined and varied from place to place within the code. Some areas also used other terms to indicate the same type of expertise and that more consistency was needed in the code. Commissioner Schramm questioned a seeming inconsistencyor lack of clarity in the code regarding viewshed enhancement, in that one statement disallowed tree topping and another allowed the removal of up to 30% of the crown of trees. Discussion followed as to the use of the term crown and the intent of the language used. Staff indicated that revisions would be made to better explain the concepts and to remove any confusing language. The Commission took a break at 7:20 pm, and reconvened at 7:30 pm. Chair Hewins stated that since there was a member of the public present who was specifically interested in the PRD chapter of Title 17, that the next topic of discussion would be proposed revision to that chapter. Direction Collins stated that due to the existing process for establishing allowed density and density credits, the code currently penalized an applicant byproviding a lower density using the PRD standards rather than subdividing using the existing zoning in the area. He also pointed out that when the PRD overlay zone was created, the City did not have environmental protection codes that were as effective as it currently has, therefore the use of the PRD code does not provide the environmental protection that was originally intended. - Planning Commission Minutes September 8, 2004 Page 3 Chair Hewins addressed the member of the public in the audience, Jon Diedrickson, ifhe had any comments to this chapter. .ion Diedrickson, /31 E. 11`h Street, indicated that he is a real estate agent and has a client that is considering using the PRD overlay for a project. He said he had no specific comment about the propose changes to the chapter. Conunissioner Norton expressed support for the staff's attempts at simplifying the application of this chapter and encouraged their efforts to simplify other chapters of the code. Direction Collins described the use of the PRD overlay zone regarding conditional uses. He stated that the process for approving a conditional use at the outset of the project to create a self contained neighborhood could include commercial or other uses. After the PRD is complete, any change to include a conditional use would require the amendment of the PRD rather than a conditional use permit. Discussion turned to subdivision code, Chapter 16.08. Associate Planner Scott Johns outlined the proposed changes and indicated that the City Engineer had made several recommendations, one of which was to remove proposed language specifying street standards in the code section instead of a reference to the Urban Services Standards and Guidelines. Other proposed changes included changing the recommendation of street trees on arterial streets be changed so that street trees become required. The Commission began discussions on the proposed introduction of park impact fees. Director Collins stated that the reason for this proposal is that the Growth Management Act mandates that parks be provided concurrently with or within six years of development. The City currently has no mechanism in place to pay for land acquisition or development. Several members of the Planning Commission expressed reluctance to support an impact fee when the City Council has discussed surplusing existing Park lands and the City had recently instituted low impact development standards to help reduce costs to developers. Director Collins pointed out that if proposed subdivisions could not meet the concurrency requirement of the State that the Planning Commission would then have to recommend denial ofproposed subdivisions. He further ask the Planning Commission to attempt to fix the problems they see in the proposed ordinance rather than discard it out of hand. Commissioner Nutter stated that she feels parks are an important part of neighborhood livability and quality of life, and that she supports the creation and maintenance of parks through whatever means are necessary. Commissioner Schramm indicated that he had a concern that because a building permit would trigger the impact fee if the fee had not been paid at an earlier time. This would mean that the developer would avoid the fee and shift that cost to the individual who would be less able to pay the additional cost of building a home. Chair Hewins expressed concern that the funds could be diverted to other projects or accounts, which would undermine support for implementing the fees. Commissioner Rasmussen stated that the funding of parks was not a land use issue and should not be considered by the Planning Commission. Staff indicated that they would revisit the issue and present a revised version. As it was approaching 9:00 pm, Chair Hewins indicated that discussion of the proposed changes to Title 17 would be postponed to the next meeting. 190 MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 September 22, 2004 6:00 p.m. ROLL CALL Members Present: Bob Philpott, Fred Hewins, Linda Nutter, Chuck Schramm, Leonard Rasmussen, Dylan Honnold Members Excused: Fred Norton Staff Present: Brad Collins, Scott Johns Public Present: Betty Booher, Paul Lamoureux, Tyler Ahlgren, Tim Woolett APPROVAL OF MINUTES Commissioner Nutter moved to approve the minutes of the September 8, 2004, meeting as presented. The motions was seconded by Commissioner Rasmussen and passed 6 - 0. WORK SESSION: Review of proposed development regulations Cily wide. Titles 15 (Environment), 16 (Subdivisions), 17 (Zoning) of the Port Angeles Municipal Code, and proposed new section adding park impact fees to Title 3. Chair Hewins opened the work session and asked staff to provide a brief overview of the updates made to the proposed code changes made since the September 8, 2004, meeting. Associate Planner Johns provided that overview. Chair Hewins then stated that he would entertain a motion to move the public hearing portion of the meeting to precede the work session due to the members of the public in attendance. Commissioner Schramm stated that he would like the public hearing to remain open so that members of the public arriving late would have an opportunity to speak. It was pointed out that the public hearing would be continued to the October 13, 2004, meeting and that any members of the public arriving later during the meeting would have an opportunity to speak at the continued meeting. Commissioner Nutter moved to continue the work session until after the public hearing. Commissioner Schramm suggested that the motion be stated so that latecomers would be assured of an opportunity to speak. Commissioner Nutter accepted the friendly amendment. The motion was seconded by Commissioner Schramm and passed 6 - 0. PUBLIC HEARINGS: Municipal Code Amendment MCA 04-02 Cily wide. AMEND VARIOUS SECTIONS OF THE PORT ANGELES MUNICIPAL CODE in compliance with the 191 Planning Commission Minutes September 22, 2004 Page 2 State mandated Growth Management Act (GMA) update of development regulations. Amendments to Chapters 15.20 (Environmentally Sensitive Areas Protection), 15.24 (Wetlands Protection), 15.28 (Clearing, Grading, Filling, and Drainage), and Chapter 16.08 (Long Subdivision). A new Chapter 3.71, introducing impact fees for the development of parks in the City. A general update of Title 17 (Zoning) to revise residential densities, add new definitions, nonconforming structures, Planned Residential Development, unclassified uses, add a new RS -11 Residential Single Family zone, a new CR Commercial Regional zone, a new PID Planned Industrial Development Overlay zone, and a new IM Industrial Marine zone. Chair Hewins indicated that those who testify must sign the "Sign In" log and affirm that their testimony will be truthful to the best of their knowledge. Paul Lamoureux, 602 Whidbey, PortAngeles, TVA stated that he had read the public announcement notice indicating that there would be discussion pertaining to the City's parks and development requirements. He stated that developments are for the profit of the developer but also benefitted the City, however, due to budget cutbacks the City is not in a position to develop or maintain more park lands. It is his feeling that a development should provide park land for its residents and that if the facilities are gifted to the City at a later date that should be acceptable to the City. It should not be the developer's responsibility to provide park facilities for those living outside of a development. Chair Hewins asked Mr. Lamoureux if he had thoughts on how many lots in a development should cause the creation of a park area within a subdivision. Mr. Lamoureux did not have a specific number of lots in mind. Tim Woolett, 703 E 8`' Street, Port Angeles WA stated that he agreed with most of Mr. Lamoureux's comments and stated that recreation facilities are a positive addition to neighborhood quality. Mr. Woolett recommended removing the section describing tree removal and pruning from Chapter 15.28 (Clearing, Grading, Filling, and Drainage) so that the developer would not be required to go through a permit process if the proposed work is not located in an environmentally sensitive area. The clearing of land outside of environmentally sensitive areas falls into the jurisdiction of Department of Natural Resource's Forest Practices Permitting. A second recommendation is to improve the definition of Landslide Hazard Area. He then passed out three documents on cottage housing and encouraged planning staff and the Planning Commission to consider the inclusion of cottage housing techniques into the zoning code. Betty Booher,1821 W. fh Street, PortAngeles, WA expressed concern over the proposed removal of building materials stores from the zoning code, indicating that she occasionally needs building materials and that it would be an inconvenience to leave town to acquire them. Associate Planner Johns indicated that building material stores are only being removed from the Central Business District zone but not from any other zone. Commissioner Philpott asked staff to expand on the concept of park development and maintenance. Director of Community Development Brad Collins indicated that the park impact fee being proposed would not be used for park maintenance, which comes from the operating budget. The City is challenged to maintain current parks with reduced funding. The City Council has attempted to 192 Planning Commission Minutes September 22, 2004 Page 3 define a neighborhood park for some time. The intent of the proposed code change is to provide options to developers and to level the responsibility of park development so that every lot developed would be assessed a similar amount rather than a large development providing park lands for only residents of the development while small developments would go without parks. Parks developed through this process would benefit all residents in an area equally. There being no further public comments, Commissioner Schramm moved to continue the public hearing to the October 13, 2004, meeting. Commissioner Honnold seconded the motion '%N'hich passed 6 - 0. The Commission took a break at 7:05 pm. The meeting reconvened at 7:15 pm. and continued the work session on proposed changes to the Port Angeles Municipal Code. WORK SESSION: Review of proposed development regulations City wide. Titles 15 (Environment), 16 (Subdivisions), 17 (Zoning) of the Port Angeles Municipal Code, and proposed new section adding park impact fees to Title 3. Discussion began with Title 15 (Environmental Protection). Commissioner Nutter indicated that as an applicant she would want to have the pertinent definitions located in the section of the code that she is interested in. Therefore, she would prefer to keep a specific definitions section in each chapter of the code. Commissioner Schramm felt that there would be redundancy in the code if each chapter contained a separate definitions section and favored a universal definitions chapter with each chapter having a disclaimer or reference to the definitions chapter. Chair Hewins asked the Commissioners for a straw poll to get a feeling for a preference whether a new definitions chapter should be created or whether the definitions should be kept in each individual chapter as is currently done. The Commission was evenly split on the matter. Commissioner Schramm indicated that he is not sure that proposed language regarding tree pruning and the removal of the term "tree topping" is appropriate and that in some instances tree topping could be appropriate. Planner Scott Johns indicated that the intent is to eliminate the term "topping" from the code but not to limit the practice of reducing the size of a tree by the use of other pruning techniques. An extensive discussion followed. The subject of what a "Qualified Professional" is and how to define such a person generated another extensive discussion. The value of education versus experience was discussed. The discussion then moved to the proposed changes to the sign code and specifically to the increase in area by 50 square feet for signs located in the Community Shopping District zone. Commissioner Nutter expressed opposition to the proposal, stating that she felt that signs are visual pollution and should be kept as small as possible. Director Collins indicated that there are several businesses located in large buildings that are having difficulty meeting the needs of signage proportional to the size of the building while located in the CSD zone. These included Safeway and Albertsons. He indicated that the increase in sign size would bring the allowable signage into a midway size between the CA zone and the CN zone, creating "small, medium, and large" zones relative to building size and allowable sign size. Commissioner Nutter restated her position and added that businesses can generally be located 193 Planning Commission Minutes September 22, 2004 Page 4 without increasing the size of signs. Commissioner Rasmussen stated that, by increasing allowable sign size, business owners would actually be negatively impacted because as one business increased its signage, each business would need to follow suit, thus costing additional money. Commissioner Philpott stated that he is pro business and that he supported the increase in sign area allowed, as it is an equal size between the allowed sign area of the CA and CN zones. Discussion of the proposed parks impact fees centered around the designation of the neighborhood park planning area designations that were presented and the proposed fee structure. Staff pointed out that the designations for the park planning neighborhoods had been developed with the Parks and Recreation Department and were based on logical boundaries of arterial streets and geographic features. The concept of a neighborhood park is based on a minimum of two acres and located within a 1/9 mile service area. Commissioner Schramm expressed concern with the proposed impact fee schedule in that it does not address duplex units. With some multi -family developments, the lower fee would create a situation where more individuals would occupy an area and create more impacts on parks than single family development 'which is required to pay a higher fee for fewer impacts. COMMUNICATIONS FROM THE PUBLIC Tyler Ahlgren, 708 N. Bourchier, Port Angeles, WA, presented a conceptual plan for an alternative route for Highway 101. The route would include a tunnel beginning west of the Tumwater Truck Route traveling underground to a point south of Peninsula College and following the BPA power line right-of-way east to a point of intersection with Highway 101 near Bagley Road. The purpose of the alterative route would be to reduce truck traffic through the City, especially in the downtown area. STAFF REPORTS Director Collins indicated that the next Planning Commission agenda would include a public hearing for a street vacation as well as the continuation of the public hearing on the proposed code amendments. REPORTS OF COMMISSION MEMBERS None /"I reinLi ivi1sjm The meeting adjourned at 8:55 p.m. Pad2CIIIins, Secretary PREPARED BY: S. Johns WE", r' Fred Hewins, Chair Planning Commission Minutes October 13, 2004 Page 5 CONTINUED PUBLIC HEARING: MUNICIPAL CODE AA'IENDA'IENT - MCA 04-02 City wide. AMEND VARIOUS SECTIONS OF THE PORT ANGELES MUNICIPAL CODE in compliance with the State mandated Growth Management Act (GMA) update of development regulations. Amendments to Chapters 15.20 (Environmentally Sensitive Areas Protection), 15.24 (Wetlands Protection), 15.28 (Clearing, Grading, Filling, and Drainage), and Chapter 16.08 (Long Subdivision). A new Chapter 3.71, introducing impact fees for the development of parks in the City. A general update of Title 17 (Zoning) to revise residential densities, add new definitions, nonconforming structures, Planned Residential Development, unclassified uses, add a new RS -11 Residential Single Family zone, a new CR Commercial Regional zone, a new PID Planned Industrial Development Overlay zone, and a new IM Industrial Marine zone, and the redesignation ofpublic property to Public Buildings and Parks. (The public hearing is continued from September 22, 2004.) Associate Planner Scott Johns presented information regarding updated materials left on the dial prior to the meeting and pointed out the changes that had been made to the materials since the last meeting. Vice Chair Rasmussen opened the public hearing. There being no members of the public who wished to testify at this time, Commissioner Nutter commented that there was no mention of invasive nonnative plants, specifically English ivy, that can cause problems with slope destabalization in the Environmentally Sensitive Areas Protection codes. Staff agreed that ivy and certain other plant varieties can cause environmental problems but also that there are difficulties in regulating specific plants. Director Collins discussed a zoning map change proposed for the west end of the city. The proposal would rezone an area currently designated as Medium Density Residential RMD to single family residential, either RS -9 or RS -11, if that zone is created. The change in zoning would bring the area into consistency with the Comprehensive Plan change that was made earlier in the year, changing the area from a Medium Density Residential designation to a Low Density Residential designation. Vice Chair Rasmussen expressed concern that the area would be built out using low impact development street standards, stating that low impact development street standards are not adequate, especially for arterial streets. He further indicated that the City's low impact development street standards should be reviewed before rezoning an area to a lower density. He stated that the city has adequate low density areas. Commissioner Schramm also questioned the proposal indicating that the city should not try to create suburban areas within the city to try to be competitive with the county's ability to provide larger lots for development. Commissioner Philpott asked staff why this area shouldn't be developed similar to other areas in the city. Director Collins indicated that there has been a change in policy direction by the city over the past several years and a change in the home buying habits of the general population who are looking for larger lots with a suburban feel, and that the 11,000 square foot zoning is the lowest 195 Planning Commission Minutes October 13, 1004 Page 6 density that conforms to the State Growth Management Hearings Board decision that 4 dwelling units per acre is the lowest density that can still be considered urban in character. Commissioner Schramm stated that the city has an under abundance of moderate priced housing and that this change would lead to additional large lot single family homes that would not be considered moderately priced housing. Tim Woolett, P.O. Box 2685, Port Angeles spoke to the Cominission suggesting that they not focus entirely on lot size, but make an effort to fully understand low impact development concepts. He further commented that traditional streets create much larger stormwater runoff amounts than narrower streets with drainage swales and that sometimes larger lots are better for reducing stormwater impacts. Vice Chair Rasmussen indicated that he had studied low impact development information but sees that primarily low impact development standards have benefitted developers and is not having the desired impact on stornwater problems. The discussion on the proposed amendments to the Environmentally Sensitive Areas Protection codes, Subdivision code, and Zoning code continued with Associate Planner Johns discussing the changes that had been made to those codes since the last Planning Commission meeting. Commissioner Schramm expressed concern regarding the amount of money that would be collected through the Park linpact Fee proposal, indicating that not enough money would be collected to fund either park land acquisition nor development. Director Collins pointed out that the money collected would be used to supplement existing general fund monies, not to replace other funding sources. He also indicated that the proposal would have an alternative to direct payment and that the proposal would not be prescriptive. Director Collins then told the Commissioners that they would have a choice of possible actions that could be taken on any of the proposed changes to the development regulations. Those choices include 1) agreeing with the proposed amendment and forwarding a recommendation of approval to the City Council; 2) amend the proposal and then forwarding a recommendation of approval to the City Council; 3) disagree with the proposal and forward a recommendation of denial to the City Council; or 4) determine that additional work needs to be done and send it back to staff. These actions can be taken on any portion of the proposals. The entire bundle of amendments does not have to be kept together for approval or denial. There being no further discussion, Commissioner Norton moved to continue the public hearing to the October 27, 2004, Planning Commission meeting. The motion was seconded by Commissioner Schramm and passed 6 - 0. 196 Planning Commission Minutes October 27, 2004 Page 2 PUBLIC HEARINGS: REZO?�TE - REZ 04-02 - Various rezone proposals per the City's Comprehensive Plan: Property owned by the Army Corps of Engineers to be rezoned from IL Industrial Light to PBP Public Buildings and Parks; Various RS -9 Residential Single Family and RMD Residential Medium Density properties rezoned to RS -11 Residential Single Family in compliance with the City's 2004 Comprehensive Plan Land Use Map amendment. Chair Hewins indicated that those who testify must sign the "Sign In" log and affirm that their testimony will be truthful to the best of their knowledge. After a discussion of procedural matters regarding notice requirements and organization of the public hearings for Municipal Code Amendments and Rezones, Chair Hewins opened the public hearing. Commissioner Rasmussen joined the meeting at 6:20 pm. Associate Planner Scott Johns summarized the proposed rezones using a power point presentation. Velma Hopf, 2533 W. 14`h, Port Angeles stated that she was a resident of the area on the west side of the city that was being considered for a rezone from RMD to RS -11. She told the commission that she is opposed to the rezone because she did not want her options for future development to be limited and that she has considered condominiums as a development potential for her view property on the marine bluff. She also stated that she had not received the written notice sent to property owners in the area. Associate Planner Johns indicated upon questioning from Commissioner Schramm, that Ms. Hopf's name was on the list and that a notice had been sent to her address. There being no further testimony, Chair Hewins closed the public hearing. Commissioner Schramm moved to recommend to the City Council to approve the rezoning of two blocks of 8" Street from Commercial, Neighborhood, CN to Commercial Shopping District, CSD. The motion was seconded by Commissioner Rasmussen and passed 5-0. Discussion on the proposed rezone of RS -9 and RMD lands in the western portion of the city followed. Commissioner Schramm indicated that he had no problem with the proposed RS -11 zoning designation in general, however he does object to the rezone of the proposed area. He stated that a lack of affordable housing and the property owners objection to the rezone are his reasons for opposing the proposal. Commissioner Rasmussen stated that he is also opposed to the proposal, based on transportation constraints and the need for more affordable housing. He repeated his feelings that the new low impact development standards for roads did not provide adequate streets or stormwater mitigation and that the Planning Commission should revisit those standards. Commissioner Honnold expressed similar objections. Commissioner NTutter stated that she would be the lone holdout, favoring the rezone because residents of the general area had expressed a desire for lower density during the Comprehensive Plan development process. Chair Hewins opposes the rezone, indicating that the RMD zone does not preclude anyone from creating a low density development, however, the RS -11 zoning would prevent higher density development including condominiums. 197 Planning Commission Minutes October 27, 2004 Page 3 Commissioner Schramm moved to recommend that the City Council deny the proposed rezone. The motion was seconded by Commissioner Honnold and passed 4 - 1 with Commissioner Nutter voting against the recommendation. The Commission took a short break and reconvened at 7:50 pm. Prior to opening the public hearing on the Municipal Code Amendments, Associate Planner Johns pointed out several minor changes to be considered. Chair Hewins opened the public hearing. There being no members of the public present at that time, he closed the public hearing. Chair Hewins indicated that the Commission would work down the list of staff recommendations in the order the recommendations were made. Commissioner Schramm moved to recommend that the City Council send the proposed park Impact fee code, proposed PANIC 3.71, back to staff for further work and consideration for next year. Commissioner Rasmussen seconded the motion which passed 5 - 0. Commissioner Schramm moved to recommend that the City Council approve the amendments to PANIC 14.36, Signs. The motion was seconded by commissioner Honnold. A brief discussion followed. Director Collins pointed out that the increase in sign area propose for the CSD zone would bring the allowed sign area to a size equally between that of the CN zone and the CA zone. The change reflects the type of larger development s taking place in CSD zoned areas. The motion passed 3 - 2 witb Commissioners Nutter and Rasmussen voting against the motion. Chair Hewins asked staff to make minor changes to proposed PAMC 15.02, Definitions, for clarification of definition locations and which ones take precedence. Commissioner Nutter moved to recommend that the City Council approve the proposed new definitions section of the critical areas ordinance, 15.02. The motion was seconded by Commissioner Rasmussen and passed 4 - 1 with Commissioner Honnold voting against the motion. Director Collins discussed a letter received earlier in the day from the Puget Sound Action Team commenting on the proposed amendments to the critical areas ordinance. Since the comments had just been received without opportunity for adequate review, Director Collins recommended that the Planning Cominission recommend to the City Council that they review and consider the comments for inclusion in the ordinance during next year's municipal code amendment process. Commissioner Schramm pointed out that a change regarding a tree replacement ratio requested at the previous meeting had failed to be added. Associate Planner Johns indicated that it was an oversight and would be added to the appropriate place. Commissioner Rasmussen moved to recommend that the City Council approve the changes to PANIC 15.20, Environmentally Sensitive Areas Protection along with the letter from the Puget sound Action Team without a recommendation of action on those comments. The motion was seconded by Commissioner Schramm and passed 5 - 0. Commissioner Nutter moved to recommend that the City Council approve the changes to PANIC 15.24, Wetlands Protection. The motion was seconded by Commissioner Rasmussen, and passed 5 - 0. Commissioner Rasmussen moved to recommend that the City Council approve the changes to PANIC 15.28, Clearing, Grading, Filling and Drainage. The motion was seconded by Commissioner Nutter and passed 5 - 0. Commissioner Nutter moved to recommend that the City Council approve the changes to PAMC 16.08, Subdivision. The motion was seconded by Commissioner Honnold and passed •; Planning Commission Minutes October 27, 2004 Page 4 5-0. Commissioner Schramm moved to recommend that the City Council approve the changes to PANIC Title 17, Zoning. The motion was seconded by Commissioner Nutter. Discussion followed. Chair Hewins stated that he had no objection to the creation of the RS -11 zone but felt that it should not be applied to existing city lands at this time. Commissioner Schramm agreed, stating that the RS -11 zone and the CR zone are appropriate for areas that may in the future be annexed from the UGA, but not for existing city areas. Commissioner Rasmussen stated that staff had put a large amount of time and effort into the proposed amendments and expressed his appreciation for their hard work. Both Director Collins and Associate Planner Johns expressed their appreciation of the Commission for their helpful input into the process. Chair Hewins called for a vote on the motion, which passed 5 - 0. 199 200 6 s n RECEHEDJ OCT 2 7 2004 CITY OF PORT ANGELES Dept. of Community Development STATE OF WASHINGTON - PUGET SOUND WATER QUALITY ACTION TEAM OFFICE OF THE GOVERNOR P.O. Box 40900. Olympia, Washington 98504-0900 (360) 725-5444 • (360) 725-5456 October 27, 2004 City of Port Angeles Planning Commission Brad Collins, Director, Community Development Department 321 East 5th Street Port Angeles, Washington 98362 RE: Development Regulations, Revisions Third Draft, Chapter 15.20 Environmentally Sensitive Areas Protection dated October 6, 2004 Dear Planning Commission Members: The Puget Sound Action Team is charged by the legislature with responsibility for defining, coordinating and helping to implement Washington's environmental agenda for Puget Sound. The Action Team works through a partnership structure, including a chair appointed by the governor, directors from 10 state agencies and representatives from tribal, federal and local governments with direct responsibilities and authorities for conservation and restoration of the Puget Sound. This letter is provided in my role as Director of the Puget.Sound Action Team staff rather than as chair of the partnership. Because local government ordinance updates required by the Growth Management Act can have critical impacts on the Puget Sound environment, we have reviewed the above referenced document from the Planning Commission that includes recommendations for compliance with the Growth Management Act (GMA) by the December 1, 2004 deadline. Our review is not comprehensive but is focused around two of the Puget Sound Action Team partnership's core conservation priorities for Puget Sound, nearshore habitat and stormwater management. First, we would like to congratulate you and city staff for the progress you've made in protecting your part of the Puget Sound basin, as is demonstrated by this latest draft of the proposed development regulations. We were particularly pleased to see the recognition that development along marine bluffs can disrupt: a) the surface drainage systems thereby negatively impact aquatic habitat upon which fish and wildlife depend and b) natural longshore drift processes that help to maintain Ediz Hook and Port Angeles Harbor (section 15.20.010(D)). We were also pleased to see the recognition that development of fish and wildlife habitat areas leads to losses in the numbers of aquatic organisms and their variety (biodiversity) and to losses in outdoor recreational activities, the local economy, and research and education opportunities (section 201 15.20.010(C)). We applaud your extensive list of proposed methods that would be employed to protect the functions and values of environmentally sensitive areas, including fish and wildlife habitat areas, locally unique features like marine bluffs, and associated buffers (section Purpose". To help you further improve the proposed ordinance, we offer the following recommendations and suggestions, listed here by section number for your convenience. 15.20.030 — Definitions ➢ Critical Areas (item D) - As recommended by Washington Administrative Code (WAC), we support designating the following fish and wildlife habitat conservation areas, among others, as critical within local development regulations: • Habitats and species of local importance (as per WAC 365-190-080(5)(a)(ii); • Nearshore habitats including forage fish (herring, surf smelt, and sand lance spawning areas) and kelp and eelgrass beds (as per WAC 365-190- 080(5)(a)(iv)); • Shellfish growing areas, both commercial and recreational (as per WAC 365- 190-080(5)(a)(iii)); • Areas with which endangered, threatened, and sensitive species have a primary association (as per WAC 365-190-080(5)(a)(i)). In addition, we recommend designating the following as critical fish and wildlife habitat conservation areas: • Anadromous fish migratory corridors (i.e., juvenile salmonids along marine shorelines) in support of RCW 36.70A.172(1) that requires local governments "...give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries;" • Marine riparian areas since they provide a variety of functions important to the survival and life history of fish and wildlife species, like juvenile salmonids and forage fish (as per WAC 365-190-080(5)(b)(iii)); • Feeder bluffs critical for maintaining forage fish spawning habitat (i.e., sand lance and surf smelt) and juvenile salmonid migratory corridors where sediment from the feeder bluffs nourishes such habitat. Here we recommend that you clarify that feeder bluffs (marine bluffs) act as sediment sources to beaches with critical habitat within the definition. As proposed in the draft ordinance, the definition of critical areas includes some but not all of the above recommendations. While not specifically stated within this section, it appears that salmonids and shellfish habitat would be included as "Habitat Area(s) for Priority Species and Species of Concern" and "Environmentally Sensitive Areas", hence by definition would be designated as "Critical Areas". We support and commend the designation of marine bluffs and beaches and associated coastal drift processes as critical areas, which will help to protect forage fish spawning areas and juvenile salmonid migratory corridors. However, we recommend that the definition of critical areas more clearly include and designate salmonid and shellfish habitat and the role of marine bluffs as feeder bluffs for forage fish spawning areas. We also recommend that kelp and eelgrass beds be clearly designated as critical areas. We suggest that it would perhaps be beneficial to more explicitly include and designate all of the areas mentioned above as critical areas. 202 2 i Riparian Habitat (item P) - We suggest that "riparian habitat" also be defined as those areas adjacent to marine (aquatic) systems, in addition to those adjacent to flowing (freshwater) systems, or that a definition for marine riparian habitat be added. We also iat a r. a r:�.: r«_p- t. " SulggGJt t lat the ordinance would e 1!1!prl)v eU it the ue!tui!ton of p- an uabitat states that those riparian areas severely altered or damaged by human development activities have lost much of their habitat function and value to fish and wildlife and that the City will encourage that they be restored. 15 20 060 — Submittal Requirements and Support Information Required i Submittal Requirements (item A) — For all environmentally sensitive land use and development applications we suggest that in addition to the elements listed, the ordinance require submittal of an explanation of how the proposal will or will not impact "habitat areas for priority species and species of concern", including salmonids (juveniles and adults), shellfish, and forage fish among others. 15.20.070 — Development Standards ➢ Locally Unique Features — Ravine, Marine Bluffs and Beaches and Associated Coastal Drift Processes (items B 2 and B 3) - One of the most important issues that we would like to bring to your attention is the matter of riparian buffers for marine shorelines (item B 2). We believe that marine riparian buffers are needed to protect critical nearshore processes, functions and values at risk throughout the marine shoreline. These processes, functions and values include habitat and biological resources such as forage fish spawning areas (herring, sand lance, and smelt), kelp and eelgrass beds, shellfish growing areas, and beaches that serve as migratory corridors for juvenile salmonids. We recognize that very few empirical studies exist within Puget Sound that directly address the questions of marine riparian buffer widths and their associated functions for supporting fish and wildlife. However, we recommend that using a precautionary approach in the face of scientific uncertainty is most appropriate here. While we commend the Planning Commission for proposing an undisturbed 50 -foot riparian buffer for "marine bluffs", we believe that marine riparian buffers (including those along bluffs and beaches) should, if following a precautionary approach, be at least as protective as those proposed for freshwater shorelines (item A 2), (i.e., 100 foot buffer for Type 1 streams). As guidance for establishing sufficient marine shoreline buffers designed to protect critical nearshore processes, functions and values, we offer the following reference material: • A letter from Steve Kalinowski, Region Six Habitat Program Manager for Washington Fish and Wildlife to the Chair of the Community Development Committee for the Pierce County Council that lists the scientific literature describing the important functions of marine shoreline buffers that are "directly related to the survival and life history" of fish and wildlife species. We suggest that these same functions may be applicable to the Port Angeles shoreline, however we should clarify that we are not sending the letter for its management conclusions at the end of the letter. • The "Proceedings of the Department of Fisheries and Oceans/Puget Sound Action Team Sponsored Marine Riparian Experts Workshop" held in Tsawwassen, BC from February 17-18, 2004, and • A bibliography of relevant marine riparian science compiled by my staff. 203 3 We also suggest that you include these citations in your reference list for critical areas. Copies of these documents are attached. -Mcgaruing marine riparian along _eac!ieQ, using'he..�ity n :u!?eiu �uvle!ine Master Program (SMP) (as referred to within item B 2, PAMC 15.08.040, Exhibit A), to establish buffers to protect "beaches and associated coastal drift processes" seems appropriate. However, upon review of the SMP, we noticed that only "setbacks" are listed within the document (see SMP Chapter 5, Environment Designations, section H, Environmental Designation Matrices). Until the City updates its SMP, as required by the regulatory deadline of 2011, we recommend that sufficient buffers be included within this item to protect critical nearshore processes, functions and values at risk along these marine shorelines. Including the statement that "undisturbed buffers adjoining both marine bluffs and beaches shall be sufficient to assure that natural coastal drift processes will remain unimpaired" (item B 3) within this section recognizes the need to protect nearshore processes, functions, and values throughout the marine shoreline. We suggest that you also include an additional statement that encourages restoring "disturbed" buffers by planting native vegetation and the removal of infrastructure from these areas when opportunities arise, such as a mitigation condition. Redevelopment projects may present opportunities to not only improve habitat and habitat forming processes within these disturbed buffers but they may also facilitate water quality improvements. We also suggest including a statement that prohibits the use harmful pesticides, herbicides, and fertilizers within undisturbed and disturbed marine shoreline buffers. ➢ Buffer Reduction (item B 4) — We suggest that the Director of Community Development should also have the ability to require expert verification and environmental information to demonstrate that proposed construction methods will not impair designated critical fish and wildlife habitat conservation areas when project proponents seek buffer reductions for proposed projects. ➢ Additional Buffers (item B 4) — We suggest that if the Director of Community Development determines that additional buffers are not feasible, he/she should fust consider requiring alternative on-site and off-site mitigation measures to improve environmental quality within the same drift cell or nearby marine shoreline, then secondly within the "same watershed". ➢ Priority Species and Species of Concern (item D) — Relying on Habitat Management Plans for development proposals to protect habitat important to priority species or species of concern is appropriate. However, without a clear definition of "Critical Areas", as discussed above, we suggest that it will be difficult to determine how this section would be reliably applied. We recommend the following new items be included within this section: ➢ Include as Best Available Science the recommendations of the Washington Department of Fish and Wildlife (WDFW) Aquatic Habitat Guidelines into this section (listed in the Citations of Recommended Sources of Best Available Science, CTED, 2002). These guidelines employ an integrated approach to marine, freshwater, and riparian habitat protection and restoration using a consistent application of good science and practices for project designs, construction, and operations affecting aquatic systems. We recommend that you integrate these guidelines into this section to ensure that all projects 204 4 requiring habitat protection plans will be designed to protect fish and wildlife habitat conservation areas that are designated as critical. These guidelines can be found at: wdfw.wa.gov/liab/aha/ ➢ Fish and wildlife habitat conservation areas designated as critical should also be protected from the impact of stormwater. We recommend that the city adopt the revised Stornnvater Management Manual for Western Washington (Ecology, 2001), or an equivalent, which is recognized as Best Available Science within the Citations of Recommended Sources of Best Available Science (CTED, 2002) for regulation of stormwater in critical areas. We suggest that special provisions be made for projects in areas that drain to these fish and wildlife habitat conservation areas that will limit and disconnect impervious surfaces, retain native forest cover and encourage or require the use of low impact development stormwater management techniques to treat and infiltrate stormwater on-site, as allowed by site conditions. 15.20.080 - Development Exceptions ➢ Previously Altered Environmentally Sensitive Area (item A 3) — We suggest including an additional "decision criteria" for development projects proposed for altered environmentally sensitive areas, one that would encourage or preferably require restoration by planting native vegetation and the removal of infrastructure from these areas when opportunities arise, such as a mitigation condition. Again, as stated above for buffers, proposed redevelopment projects may present opportunities to improve habitat and water quality within altered environmentally sensitive areas. We also suggest inclusion of a statement that would require the project proponent to prohibit the use of harmful pesticides, herbicides, and fertilizers within these areas. In summary, this Environmentally Sensitive Areas Protection section, as proposed, will help to advance the state's core Puget Sound environmental priorities, as described in the 2000 Puget Sound Water Quality Management Plan and the draft 2005-2007 Puget Sound Conservation and Recovery Plan, by offering additional protection to habitat along marine shorelines upon which fish and wildlife depend. We appreciate your diligence in this area and encourage you to consider our recommendations to more effectively protect the Puget Sound ecosystem. If you have any questions or would like further information on this topic, please contact John Cambalik, PSAT's Local Liaison for the City of Port Angeles, at (360) 582-9132 or jcambalik@psat.wa.goy. I appreciate your attention to our recommendations. Sincerely, Brad Ack Director cc: Scott Johns, City of Port Angeles Community Development Department Doug Peters, CTED 205 r o. ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, rezoning two area -wide parcels of property and one single parcel of property WHEREAS, the Planning Commission of the City of Port Angeles has considered the rezoning of the two area -wide parcels of property and one single parcel of property and has recorded its recommendation to the City Council in the Planning Commission minutes of October 27, 2004; and WHEREAS, the requirements of the State Environmental Policy Act (Chapter 43.21 C RCW) have been met; and WHEREAS, the City Council, after conducting a public hearing, considering the Planning Commission's recommendation, and entering its own findings and conclusions, hereby finds that there has been a change in circumstances since the current zoning designation was adopted and that said rezone is in the best interest of the City and its citizens and is consistent with the Comprehensive Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. The Official Zoning Map, Ordinance 2801 as amended, is hereby amended to change the area -wide zoning of the following described property from RS -9 (Residential, Single Family (9,000 square feet)) and RMD (Residential, Medium Density), to RS -11 (Residential, Single Family (11,000 square feet)), as shown in the attached Exhibit "A": The subject area is bounded on the south by the 16 `h Street right-of- way, the "O" Street right-of-way on the east, 10"' Street and the Strait of Juan de Fuca on the north, and the cemetery on the west, with the exception of the area currently zoned RTP. -1- Section 2. The Official Zoning Map, Ordinance 2801 as amended, is hereby amended to change the zoning of the following described single parcel from IL (Industrial, Light) to PBP (Public Buildings and Parks), as shown in the attached Exhibit "A": Parcel # 0630001173000000 Lot 173 except S & E of right-of-way Recorded in Surveys Volume 56 Page 10 Section 3. The Official Zoning Map, Ordinance 2801 as amended, is hereby amended to change the area -wide zoning of the following described property from CN (Commercial, Neighborhood) to CSD (Community Shopping District) as shown in the attached Exhibit "A": The area adjacent to 8`' Street bounded by Laurel and Oak Streets and the 7/8 alley on the north and the 8/9 alley on the south; also the area adjacent to 8`h Street bounded by Chase and Peabody Streets, and the 7/8 alley on the north and the 8/9 alley on the south; except the area currently zoned PBP and occupied by the City of Port Angeles' Community Center parking lot. Section 4. The City Clerk is hereby directed to attach a copy of this Ordinance to the Official Zoning Map and to file certified copies with the Clallam County Auditor and Clallam County Assessor. Section 5 - Effective Date. This Ordinance shall take effect five days following the date of its publication by summary. Section 6 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, shall not be affected. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of November, 2004. MAYOR -2- ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: November 2004 By Summary G:1Lega1_Backup\ORDINANCES&RESOLUTIONS1,2004-25. Rezone.wpd October 29, 2004 -3- j r , Wz­ Will S rs 4 x cp�,#,"�. .3 I �{t 'rtfi F4 T {{ �Tr rT"ri,i tl{ 1-44 -+ t 1 L - :.+ J� p77p1 rt7'tt�t+t 71�+ J ti.. - Y -i H � w U U O '� � O k ��w r r- S A: v �` as O po Q•t CC,� ORTNGELES WASH I N G T O N, U.S.A. ZOOM DEPARTMENT OF COMMUNITY DEVELOPMENT Date: November 1, 2004 To: City Council Members From: Brad Collins, Community Development Director Subject: 2004 Development Regulations Draft Ordinances for Titles 3, 14, 15, 16, and 17 Under this separate cover you will find the 2004 Development Regulations Update for compliance with the Growth Management Act and consistency with the City's 2004 Comprehensive Plan. The first draft ordinance revises Titles 14 (Building and Construction), 15 (Environment), and 16 (Subdivisions) of the Port Angeles Municipal Code, and the second draft ordinance amends Title 17 (Zoning). The third attachment provides draft language for a proposed park impact fee, which was not included in the draft ordinances because the Planning Commission found that the details needed more work which can be accomplished during the next year. Finally, a draft ordinance for the three proposed area -wide rezones will be provided on Monday November 1, 2004, prior to the Council meeting and the first reading of the ordinances. If you have any questions, please contact either the City Attorney's Office or the Department of Community Development. Attachments: Draft Ordinance for Titles 14, 15, and 16 Draft Ordinance for Title 17 Draft Language for a Park Impact Fee Under separate cover - Draft Ordinance for Three Area -Wide Rezones GAPLANNING\deweg04.ord.wpd ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending and updating the City's development regulations to be consistent with the City's revised Comprehensive Plan by adding a new Chapter 15.02 Definitions, and amending Chapters 14.36, 15.20, 15.24, 15.28 and 16.08 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES does hereby ordain as follows: Whereas, a revised Comprehensive Plan was adopted by the City Council on June 14, 2004; and Whereas, the City's development regulations need to be amended and updated to be consistent with the City's revised Comprehensive Plan. NOW, THEREFORE, THE CITY COUNCIL OF PORT ANGELES, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance 2152, as amended, and a portion of the Title 14, Buildings and Construction, Chapter 14.36, Sign Code, Section 14.37.070 PAMC, are hereby amended to read as follows: 14.36.070 Permitted Signs. A. Signs in the Central Business District (CBD) Zone. Signs in the CBD zone shall comply with the requirements of this Subsection. Each individual business with street frontage may have a total sign area of all non-exempt signs not to exceed 20% of the surface area of the building facade occupied by the business, or two hundred (200) square feet, whichever is less, and up to 90 % of the sign may be on a part of the same facade not occupied by the business. When a building is located on more than one street frontage, each visible building facade shall be considered separately. Such signs may be wall signs, marquee signs, pedestrian signs, free-standing signs, projecting signs, or any combination thereof, subject to the following standards: -1- 2. Marquee or Awning Signs. A sign may be mounted on the front or front outer top edge of a marquee or awning, parallel to the street frontage; provided that the sign shall not exceed a vertical distance of two (2) feet above the front outer top horizontal edge of the marquee or awning and all supporting mechanisms are concealed from view; or a sign may be mounted on the side of a marquee or awning, provided it does not extend above the top of the side. A sign may be mounted on top of a marquee or awning, provided that it does not project more than four and one-half (4-1/2) feet from the building facade. A sign that projects below the marquee or awning shall comply with the requirements of PAMC 14.36.070(A)(3) (Pedestrian Signs). The sign area for a back -lit marquee or awning sign comprised of individual letters, figures, design, symbol, or trademark painted or mounted and projecting less than three (3) inches from the surface of the marquee or awning shall not include the lighted background that is outside the area that circumscribes the exterior limits of the dimensions of the sign. 3. Pedestrian Signs. A pedestrian sign attached to the underside of a marquee or awning shall be at a right angle to the plane of the building facade and not extend beyond the outer edge of the marquee or awning. A clearance of not less than eight (8) feet from the underlying sidewalk shall be maintained. Said sign shall not exceed six (6) square feet in sign area per side. 4. Freestanding Signs. Where all portions of a building are located more than fifteen (15) feet from the street right-of-way the building may have one freestanding sign in addition to the signs allowed on the building, provided that it shall not exceed twenty-five (25) square feet in sign area per side or twenty (20) feet in height. If the building has frontage on two or more streets and the building is more than forty (40) feet from those streets, the building may have one free-standing sign that shall not exceed one hundred (100) square feet of sign area per side or a total of two hundred (200) square feet of sign area, whichever is less, or thirty (30) feet in height; provided that the sign area shall be considered part of the total sign area of the building and deducted equally from the allowable sign area of the facades that are more than forty (40) feet from the street; and further provided that the sign area of the freestanding sign shall not exceed the total sign area allowed the building. 5. Projecting Signs. Projecting signs may be mounted at a right angle to the plane of the building facade, provided the sign shall not extend more than four and one- half (4-1/2) feet beyond the facade of the building. Further provided that signs occurring under marquees or awnings shall be governed by the requirements for pedestrian signs in PAMC 14.36.070(A)(3). Projecting signs not occurring under marquees shall maintain a clearance of not less than eight (8) feet from the underlying sidewalk. 6. Upper Floor Businesses. The total sign area for a business occupying an upper story of a building with street frontage shall not exceed 20% of the surface of the building facade occupied by the business, or two hundred (200) square feet, whichever is less. An upper floor business or businesses may have one sign on the street level identifying the upstairs businesses, provided that said sign shall not exceed six (6) square feet. 7. Multiple Businesses Arcades, and Galleries. The total sign area of two or more businesses sharing a common facade with at least one business not having a street -2- frontage shall not exceed 20 % of the surface area of the common facade. One additional sign, not exceeding six (6) square feet, listing all of the businesses may be provided. 8. Sign Area on Alleys. Each individual business with alley frontage may have a total sign area of all signs not to exceed 10% of the surface area of the building facade on the alley occupied by the business; provided, however, that individual businesses without street frontage may have 20% or 200 square feet, whichever is less. Alley signs shall be mounted parallel to the building facade and project no further than twelve (12) inches from the wall on which the sign is attached. 9. Sign Area on Side Walls. Signs may be mounted on exposed side walls of buildings, which walls do not have street frontage, in accordance with Subsection (A) of this Section; provided, that only the area of the exposed wall shall be considered the surface area of the facade. 10. Shopping Malls. The total sign area for a shopping mall facade shall not exceed 20% of the facade or three hundred (300) square feet, whichever is less. Signs may be placed on any facade of a shopping mall, provided the maximum allowable sign area of that facade is not exceeded, and the sign is part of a master sign permit in the name of the manager of the mall that identifies all of the signs for the shopping mall. Where all portions of the shopping mall are more than fifteen (15) feet from the street right-of-way, one freestanding sign per street frontage, with a maximum of two (2) such signs per site, may be installed, provided that each sign shall not exceed twenty (20) feet in height and two hundred (200) square feet in total area, or one hundred (100) square feet in area per side; provided, however, that for those signs containing over one hundred (100) square feet of sign area, the display surfaces shall be parallel and back-to-back to each other; and further provided that the sign area shall be included in the total permitted sign area for the facade on that same street frontage. 11. Non -Building Business. The total sign area for a business in which no portion of the business occurs within a building shall not exceed 64 square feet per street frontage and shall be located on the property of the business. Non -building business signs may be free-standing, provided that each sign shall not exceed twenty (20) feet in height and thirty-two (32) square feet in sign area per side; provided that there shall not be more than one (1) free-standing sign per street frontage. B. Signs in the Commercial Arterial (CA) Zone. Signs in the CA zone shall comply with requirements of this Subsection. Signs may be lighted but not intermittent or flashing type. All signs over ten (10) square feet in area shall be restricted to territory no closer than 100 feet from all residential property in a residential zone. Maximum height shall be 35 feet. Such signs may be wall signs, marquee signs, pedestrian signs, freestanding signs, projecting signs, fluttering devices, or any combination thereof, subject to the following standards: 1. Building -Mounted Signs. Building -mounted signs may be placed on any wall not facing an adjacent residential zone. Building -mounted signs may not extend above the top of the eaves or parapet and may not be located on a roof. For buildings occupied by a single business, the total building -mounted sign area shall not exceed 20% of the area of the building elevation facing a public street to a maximum of two hundred and fifty (250) square -3- feet on each building elevation which faces a public street. In buildings occupied by more than one business, the total building -mounted sign area for each business shall not exceed 20 of that business's portion of the building elevation facing a public street to a maximum of two hundred and fifty (250) square feet. 2. Freestanding Signs. One and one quarter (1.25) square feet of freestanding visible sign area shall be allowed for every one (1) lineal foot of arterial street frontage of the site, provided that the maximum area of any freestanding sign face does not exceed half of the maximum visible sign area. The maximum visible sign area for a particular site shall be as follows: Site Area Maximum Visible Sign Area Less than .50 acre 100 square feet .50 to .99 acre 200 square feet 1 to 1.99 acres 300 square feet 2 to 2.99 acres 400 square feet 3 acres or more 500 square feet 3. Off -Premise Signs. One off -premise sign containing a commercial message unrelated to any use or activity of the property on which the sign is located, including billboards and other outdoor advertising signs not exceeding three hundred (300) square feet in total sign area and thirty-five (35) feet in height, may be permitted on any site that does not contain any sign for businesses located on said site, subject to approval of a conditional use permit. No billboard or other off -premise outdoor advertising sign shall be located within 1,000 feet of another such sign that is on the same side of the street. 4. Shopping Malls. The total sign area for a shopping mall facade shall not exceed 20% of the facade or three hundred (300) square feet, whichever is less. Signs may be placed on any facade of a shopping mall, provided the maximum allowable sign area of that facade is not exceeded and the sign is part of a master sign permit in the name of the manager of the mall that identifies all of the signs for the shopping mall. Where all portions of the shopping mall are more than fifteen (15) feet from the street right-of-way, one freestanding sign per street frontage, with a maximum of two (2) such signs per site, may be installed, provided that each sign shall not exceed twenty (20) feet in height and two hundred (200) square feet in total area, or one hundred (100) square feet in area per side. For such signs containing over one hundred (100) square feet of sign area, the display surfaces shall be parallel and back-to-back to each other, and the sign area shall be included in the total permitted sign area for the facade on that same street frontage. 5. Fluttering Devices. Pennants, flags, flyers, ribbons, balloons, or other fluttering devices or strings of such devices, which are used to attract attention to outdoor sales lots of new and used dealerships of automobiles, trucks, trailers, motorcycles, recreational vehicles, tractors, and boats, are allowed, provided such devices are not made of conductive material such as mylar which can cause an electrical shock or shortage. C. Signs in the Community Shopping District (CSD) Zone. Signs in the CSD zone shall comply with the requirements of this Subsection. Signs may be lighted but not -4- intermittent or flashing type. All signs over ten (10) square feet in area shall be restricted to territory no closer than 100 feet from all residential property in a residential zone. Maximum height shall be 30 feet. Such signs may be wall signs, marquee signs, pedestrian signs, freestanding signs, projecting signs, or any combination thereof, subject to the following standards: 1. Building -Mounted Signs. Building -mounted signs may be placed on any wall not facing an adjacent residential zone. Building -mounted signs may not extend above the top of the eaves or parapet and may not be located on a roof. a. For buildings occupied by a single business, the total building - mounted sign area shall not exceed 10% of the area of the building elevation facing a public street to a maximum of one hundred and t w enty-firveseven , -five (1-25125) square feet on each building elevation which €aeesadjacent a public street. b. In buildings occupied by more than one business, the total building - mounted sign area for each business shall not exceed 10 % of that business's portion of the building elevation facing a public street to a maximum of one hundred and twee seventy -five (+25175) square feet. L. Sign Area on Alleys. Each individual business with alley frontage may have a total sign area not to exceed 10% of that businesses portion of the building elevation adjacent to the alley to a maximum of one hundred and seventy-five (175) feet. Alley signs shall be mounted parallel to the building facade and project no further than twelve (12) inches from the wall on which the sign is attached. d. Sign Area on Side Walls. Signs may be mounted on exposed side walls of buildings, which walls do not have street frontage, may have a total sign area not to exceed 10% of that business' portion of the building elevation visible from a public street to a maximum of one hundred and seventy-five (175) square feet; provided, that only the area of the side wall visible from the public street shall be used in calculatingthe he si ng area. 2. Freestanding Signs. One and one quarter (1.25) square feet of freestanding visible sign area shall be allowed for every one (1) lineal foot of arterial street frontage of the site, provided that the maximum area of any freestanding sign face does not exceed half of the maximum visible sign area. The maximum visible sign area for a particular site shall be as follows: Site Area Maximum Visible Sign Area Less than .50 acre 50 square feet Less than i 50 to .99 acre 50 75 square feet 1 to 1.99 acres 75 100 square feet 2 to 2.99 acres +90 125 square feet 3 acres or more 125 150 square feet 3. Off -Premise Signs. Off -premise signs, including billboards, shall be prohibited within the Community Shopping District Zone. D. Signs in the Commercial Neighborhood (CN) Zone. Signs in the CN zone shall comply with the requirements of this Subsection. Signs may be lighted, but not -5- intermittent or flashing type, and shall not exceed one hundred (100) square feet in total sign area. All signs over ten (10) square feet in area shall be restricted to territory no closer than 100 feet from all residential property in a residential zone. Maximum height shall be 20 feet. Off -premise signs, including billboards, shall be prohibited within the Commercial Neighborhood Zone. E. Signs in the Commercial Office (CO) Zone. Signs in the CO zone shall comply with the requirements of this Subsection. Signs may be lighted, but not intermittent or flashing type, and shall not exceed fifty (50) square feet in total sign area, provided , however, if the site area is 14,000 square feet or more, then signs shall not exceed one hundred (100) square feet in total sign area. No more than fifty (50) square feet of lighted sign area may face residential property in a residential zone located directly across a street. All freestanding signs shall not exceed five (5) feet in height. Building -mounted signs shall not exceed 20 feet in height. Off -premise signs, including billboards, shall be prohibited within the Commercial Office Zone. F. Signs in the Industrial Park (IP) Zone Signs in the IP zone shall comply with the requirements of this Subsection. 1. One building -mounted sign, not to exceed one (1) square foot for each one (1) horizontal lineal foot of the building wall or three hundred (300) square feet, whichever is less, shall be permitted for each building elevation facing a public or private street. 2. One freestanding sign, not to exceed thirty-five (35) square feet in area and fifteen (15) feet in height, shall be permitted for each business site. 3. Public and private directional, traffic, and warning attached and detached signs shall not exceed six (6) square feet in area. 4. Signs may be lighted, but not intermittent or flashing. 5. Off -premise signs, including billboards, shall be prohibited within the Industrial Park Zone. G. Signs in the Industrial Light (IL) Zone Signs in the IL zone shall comply with the requirements of this Subsection. 1. One building -mounted sign, not to exceed one (1) square foot for each one (1) horizontal lineal foot of the building wall or three hundred (300) square feet, whichever is less, shall be permitted for each building elevation facing a public or private street. 2. One freestanding sign, not to exceed thirty-five (35) square feet in area and fifteen (15) feet in height, shall be permitted for each business site. 3. Public and private directional, traffic, and warning attached and detached signs shall not exceed six (6) square feet in area. 4 Signs may be lighted, but not intermittent or flashing. 5. One off -premise sign containing a commercial message unrelated to any use or activity of the property on which the sign is located, including billboards and other outdoor advertising signs not exceeding three hundred (300) square feet in total sign area and thirty-five (35) feet in height, may be permitted on any site that does not contain any sign for businesses located on said site, subject to approval of a conditional use permit. No billboard or other off -premise outdoor advertising sign shall be located within 1,000 feet of another such sign that is on the same side of the street. H. Signs in the Industrial Heavy (IH) Zone. Signs in the IH zone shall comply with the requirements of this Subsection. 1. One building -mounted sign, not to exceed one (1) square foot for each one (1) horizontal lineal foot of the building wall or four hundred (400) square feet, whichever is less, shall be permitted for each building elevation facing a public or private street. 2. One freestanding sign, not to exceed one hundred (100) square feet in area and thirty-five (35) feet in height, shall be permitted for each business site. 3. Signs may be lighted, but not intermittent or flashing. 4. One off -premise sign containing a commercial message unrelated to any use or activity of the property on which the sign is located, including billboards and other outdoor advertising signs not exceeding three hundred (300) square feet in total sign area and thirty-five (35) feet in height, may be permitted on any site that does not contain any sign for businesses located on said site, subject to approval of a conditional use permit. No billboard or other off -premise outdoor advertising sign shall be located within 1,000 feet of another such sign that is on the same side of the street. I. Signs in the Public Buildings and Parks (PBP) Zone. Signs in the PBP zone shall comply with the requirements of this Subsection. One building -mounted sign per building shall be permitted, provided that the sign does not exceed one hundred (100) square feet in total sign area and is unlighted, and provided further that intermittent or flashing lights lighted signs are prohibited. One freestanding sign per site shall be permitted, provided that the sign does not exceed one hundred (100) square feet in total sign area. Signs shall be placed so as not to impact a facing residential zone. Maximum height shall be 20 feet. Off - premise signs, including billboards, shall be prohibited within the Public Buildings and Parks Zone. J. Temporary.Commercial Event Signs—. The total sign area of temporary commercial event signs that are intended to advertise a special event such as a new business grand opening, going -out -of- business sale, or similar special sales event shall not exceed one hundred (100) square feet for a business, provided the temporary commercial event signs are removed within one (1) day after the event and are not up for more than one (1) month commencing at the date of installation and not up for more than three (3) months in any calendar year, except that this Section shall not allow the type of signs that are specifically prohibited by PAMC 14.36.080. K. A -Frame Signs. One A -frame sign shall be permitted per site as a freestanding sign. An A -frame sign shall be no larger than ten (10) square feet per side with the top of the sign no higher than forty-four (44) inches nor lower than thirty (30) inches from ground level and the width of the sign no greater than thirty-two (32) inches. A -frame signs shall not be located in public rights-of-way, except where a building is built to the front lot line and provided the sign owner obtains a right-of-way use permit and identifies the specific sign in, and names the City as an insured on, the sign owner's insurance policy. A -frame signs shall not be located in a vision clearance area as described in PAMC 17.94.090. -7- Section 2. Ordinance , as amended, and Title 15, Environment, shall be amended by adding a new Chapter 15.02, Definitions, to read as follows: 15.02 - Definitions. These definitions shall apply to Chapters 15.20, 15.24 and 15.28, additional definitions are located in individual chapters. A. 'Best Available Science" That scientific information applicable to the critical area prepared by local state or federal natural resource agencies, a qualified scientific professional or team of qualified scientific professionals, that is consistent with criteria established in WAC 365-195-900 through WAC 365-195-925. B. 'Best Management Practices" means conservation practices or systems of practices and management measures that: 1. Control soil loss and reduce water quality degradation caused byhigh concentrations of nutrients, animal waste, toxics, and sediment, 2. Minimize adverse impacts to surface water and ground water flow, circulation patterns and to the chemical physical and biological characteristics of wetlands; 3. Protect trees and vegetation designated to be retained during and following site construction, and 4. Provide standards for proper use of chemical herbicides within critical areas. C. "Critical habitat" means habitat necessary for the survival of endangered, threatened, rare, sensitive or monitor species as identified under the Endangered Species Act. D. Development' means any activity upon the land consisting of construction or alteration of structures earth movement, dredging, dumping_ grading filling, driving ofip.les, drilling operations bulkheading clearing_ of vegetation, or other land disturbance. Development includes the storage or use of equipment or materials inconsistent with the existing use. Development also includes approvals issued by the City that binds land to specific patterns of use including zoning changes, conditional use permits, and binding site plans Development activity does not include the following activities: 1. Interior building improvements. 2. Exterior structure maintenance activities, including painting and roofing. 3. Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning and weeding. 4. Maintenance of the following existing facilities that does not expand the affected areas: individual utility service connections: and individual cemetery plots in established and approved cemeteries. E. "Engineer" means a professional civil engineer, licensed by and in good standing in the State of Washington. F. "Erosion" means the wearing away of the land or ground surface by the action of wind, water, ice,rg avitorany combination thereof. E'er G. "Frequently flooded areas" means lands in the floodplain subject to a one percent or greater chance of floodingin n any given year the 100 -year storm flood). These areas include but are not limited to streams rivers lakes coastal areas wetlands and the like. H. "Exotic" means any species of plant or animal that are not native to the area. I. "Historic Condition" means the condition of the land, including flora, fauna, soil, topography, and hydrology that existed before the area and vicinity were developed or altered by human activity. J. "Hydraulic project approval (HPA)" means a permit issued by the state Department of Fish and Wildlife for modifications to waters of the state in accordance with Chapter 75.20 RCW. K. "Indigenous" means any species of plant or animal native to an area. Not introduced. L. "Infiltration" means the downward enter of water into the immediate surface of soil. M. "Joint Aquatic Resource Permits Application (JARPA)" means a single application form that may be used to apply for hydraulic project approvals shoreline management permits, Department ofNatural Resources use authorization and Army Coms ofEngineers permits. N. "Land -disturbing activity" means any use of the land that results in: 1. change in the natural cover or topography that exposes soils or 2. may cause or contribute to erosion or sedimentation. This does not include nondestructive vegetation trimming. O. "Marine bluffs" means coastal features that resulted from wave erosion undercutting uplands located adjacent to the shoreline creating vertical cliffs that are an important source of sediment for coastal drift processes and/or the landforms created by these processes. P. "Native" means any species of plants or animals that are indigenous to the area. Q "Nondestructive vegetation trimming" means the trimming, or pruning of trees, shrubs, or plants that does not harm the continued life and health of the plant: R. "Priories Habitats" means habitat types or elements with unique or significant value to one or more species as classified by the Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or dominant species, a described successional stage or a specific structural element.(WAC 173-26-020(34). S. "Puget Sound" means all salt waters of the State of Washington inside the international boundary line between the State of Washington and the Province of British Columbia, lying east of one hundred twenty-three degrees twenty-four minutes west longitude and includes the Strait of Juan de Fuca. T."Qualified professional" means a person with experience and training in the applicable critical area A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering environmental studies, fisheries, geomorohology, or related field and two years of related professional work experience. L A qualified professional for habitats or wetlands must have a degree in biology, marine biology, wetland biology, habitat ecology. 2. A qualified professional for a geological hazard must be a professional civil engineer or geologist, licensed in the State of Washington. 3. A qualified professional for tree maintenance and tree pruning must be an arborist certified by the International Society of Arboriculture. U. "Topping or tree topping" means the indiscriminate cutting back of tree branches to stubs or lateral branches that are not large enough to assume the terminal role and is harmful to the life and health of the plant. V. "Viewshed enhancement" means the removal or thinning oftrees or vegetation to enhance a view when proposed in ravine and marine bluff buffers so long as such alterations will not: 1. Increase geological hazards such as erosion potential, landslide potential, or seismic hazard potential; 2. Adversely affect significant fish and wildlife habitat areas: 3. Through thinning, remove more than 30% of the live branches of a tree; 4. Include felling, topping, or removal of trees in critical areas. Viewshed enhancement does not include nondestructive trimmingoftegetation as defined in this Title. Section 3. Ordinance 2656, as amended, and Title 15, Environment, shall be amended by amending Chapter 15.20 PAMC, Environmentally Sensitive Areas Protection, in its entirety to read as follows: CHAPTER 15.20 ENVIRONMENTALLY SENSITIVE AREAS PROTECTION will Sections: 15.20.010 Findings of Fact 15.20.020 Purpose. 15.20.030 Definitions. 15.20.040 Applicability. 15.20.050 Permitted Uses. 15.20.060 Submittal Requirements. 15.20.070 Development Standards. 15.20.080 Development Exceptions. 15.20.090 Tracts and Easements. 15.20.100 Securities and Enforcement. 15.20.110 Appeals. 15.20.010 - Findings of Fact. The City Council of the City of Port Angeles hereby finds that: A. Development in stream corridors results in: 1. Siltation of streams, which destroys spawning beds, kills fish eggs and alevins, irritates fish gills, reduces aquatic insect populations, fills stream channels, and causes flooding; 2. Loss of stream corridor vegetation, which raises stream temperatures, destabilizes streambanks, causes erosion, removes nutrients by removing source of fallen leaves and streamside insects, increases sedimentation, and reduces recruitment of large wood debris necessary for stream structure; 3. Elimination of wildlife and fish habitat. The stream corridor is especially sensitive and is recognized as being among the most productive terrestrial and aquatic ecosystems. It usually provides all four of the basic habitat components - water, food, cover and space. The stream corridor is usually richer in habitat diversity and, consequently, wildlife diversity and numbers of individuals are higher than in adjoining upland plant communities. Certain fish and wildlife species are totally dependent on the stream corridor and as uplands are developed, stream corridors become a place of refuge for many wildlife species; 4. Increased peak flow rates and decreased summer low flow rates of streams, resulting in negative impacts to the physical and chemical requirements critical for sustained fish populations; 5. Stream channelization, which increases current velocity and bank erosion, removes critical fish rearing and spawning habitat, and reduces habitat diversity and simplifies the biotic community; 6. Piping of streamflow and crossing of streams by culverts, which increases potential for downstream flooding, reduces migratory fishery range and, therefore, fish populations, removes habitat, and eliminates the biotic community; and 7. Construction near or within streams, which adversely impacts fish and wildlife by destroying habitat and degrading water quality and increases potential for flooding, property damage, and risk to public health, safety, and welfare. B. Development of geological (erosion hazard, landslide hazard, seismic hazard) hazard areas results in: - 11 - 1. Potential threat to the health and safety of residents and employees of businesses within the City; 2. Potential damage or loss to public and private property within the City; 3. Potential degradation of water quality and the physical characteristics of waterways due to increased sedimentation; 4. Potential losses to the public as a result of increased expenditures for replacing or repairing public facilities; providing publicly funded facilities to reduce or eliminate potential hazards to life and property; providing emergency rescue and relief operations; and from potential litigation resulting from incompatible development in these areas. C. Development of fish and wildlife habitat areas results in: 1. Losses in the numbers and varieties of aquatic and terrestrial wildlife species; 2. Loss of streamside vegetation that increases erosion and sedimentation, and reduces the quality of water resources; 3. Loss of opportunities for outdoor recreation such as hunting, fishing, bird - watching, sightseeing and similar activities; 4. Loss of economic opportunities in forestry, fisheries, shellfish and tourism industries; 5. Loss of opportunities for scientific research and education. D. Development of locally unique land features (ravines, marine bluffs, beaches) results in: 1. Disruption of the natural functioning of region surface drainage systems and the aquatic and terrestrial wildlife that depend on this habitat; 2. Increased threat to life and property as a consequence of exposure to geologic hazards and flooding; 3. Disruption of natural longshore drift processes that help maintain Ediz Hook and Port Angeles Harbor; 4. Destruction of natural greenbelts that serve to enhance the visual character of the community and serve as "community separators" that reduce the perceived degree of urbanization; 5. Loss of opportunities for trail systems and other forms of passive recreation. 15.20.020 - Purpose. Surface streams and flood hazards, geologic hazards (erosion, landslide, seismic), fish and wildlife habitat areas, locally unique features (ravines, marine bluffs, beaches) and required buffers constitute environmentally sensitive areas that are of special concern to the City of Port Angeles. The purpose of this Chapter is to protect the environmentally sensitive resources of the Port Angeles community as required by the Growth Management Act and as provided in the Guidelines promulgated by the State of Washington. Accordingly, the intent of this Chapter is to use a functions and values approach and establish minimum standards for development of properties which contain environmentally sensitive features and to protect the public health, safety, and welfare in regard to environmentally sensitive areas by: A. Avoiding disturbance of these areas; B. Mitigating unavoidable impacts; C. Protecting from impacts of development by regulating alterations; -12- D. Protecting the public from personal injury, loss of life or property damage due to flooding, erosion, landslides, seismic events, or soil subsidence; E. Protecting against publicly financed expenditures in the event environmentally sensitive areas are misused, which causes: 1. Unnecessary maintenance and replacement of public facilities; 2. Publicly funded mitigation of avoidable impacts; 3. Cost for public emergency rescue and relief operations where the causes are avoidable; or 4. Degradation of the natural environment; F. Protecting the public trust in navigable waters and aquatic resources; G. Preventing adverse impacts to water availability, water quality and streams; H. Protecting unique, fragile, and valuable elements of the environment, including wildlife and its habitat; I. Alerting appraisers, assessors, owners, potential buyers, or lessees to the development limitations of environmentally sensitive areas; J. Providing City officials with sufficient information to adequately protect environmentally sensitive areas when approving, conditioning, or denying public or private development proposals; and K. Implementing the policies of the State Environmental Policy Act, Chapter 43.21 C RCW; the City of Port Angeles Comprehensive Plan; this Chapter of the Port Angeles Municipal Code; and all updates and amendments, functional plans, and other land use policies formally adopted or accepted by the City of Port Angeles. L. Provide protection of environmentally sensitive areas for a period until the City can complete more detailed studies of the environmentally sensitive areas within the City and adopt a comprehensive set of policies pertaining to protection of environmental resources and amend regulations which implement the policies. 15.20.030 - Definitions. In addition to definitions contained in Chapter 15.02, the following definitions shall apply. Where definitions exist in both 15.02 and 15.20.030, the definitions in 15.20.030 shall apply. shall A. "Beaches and associated coastal drift process areas" means the areas that encompass marine shorelines which contain important sites of material supply, transport and deposition that define the present landforms and natural character of the Port Angeles shoreline. B. 'Buffer" means an undisturbed area adjacent to an environmentally sensitive feature area that is required to permanently remain in an undisturbed and untouched condition protect or enhance the environmentally sensitive features area and is considered part of the environmentally sensitive area. No building clearing grading or filling is permitted, except for minor maintenance necessary to protect life and property. A buffer is different than a setback. C. "Clearing and Grading Permit" means the written permission of the City to the applicant to proceed with the act of clearing_ grading,filling, illing and/or drainage which could disturb the land surface. neompensation" means a fbian of mitigation that replaces project -induced losseas 01 impact,, t Lnentally sensitive area wid includes, btrt is not hinited to iesturation, ciflimicement, substitute > and czeation, vvirich are defined as fbilows. -13- activities,sensitive area finictional mid vaine characteristics and processes Which have been lost b area; 2. "Enliancenterit" means actions perfbirried to impiove flie condition of an .,ting envimirrientally sensitive areaso that the functions mid vabaes provided we of af it oranentally sensitive mea, ox taffy scrisitive wea where it did not f6raicily exist. D. "Critical areas" means any of the following areas and environmentally sensitive areas as defined and described in Chapter 15.20, wetlands as defined and described in Chapter 15.24, shorelines, beaches and associated coastal drift processes as described in Chapter 15.08 and the Port Angeles Shoreline Master Program and their associated buffers-_ 5. Pliolit, I . i species of concern habitat areas; and - - 11Ir.J, , c. Beacbes and associated coastal drift processes. E. "Environmentally sensitive areas" means any of the following areas and their associated buffers: 1. Aquifer Recharge Areas 2. Streams or stream corridors: 3. Frequently flooded areas, 4. Geologically hazardous areas: a. Erosion hazard areas, b. Landslide hazard areas, c. Seismic hazard areas, 5. Habitat areas for priority species and species of concern and 6. Locally unique features: a. Ravines, b. Marine bluffs: c. Beaches and associated coastal drift processes. F. "Erosion hazard areas" means those areas containing soils which, according to the United States Department of Agriculture Soil Conservation Service Soil Classification System, may experience severe to very severe erosion. -14- L-141 1151-1 will IVi,6TVFV.W,�r.N 5. Pliolit, I . i species of concern habitat areas; and - - 11Ir.J, , c. Beacbes and associated coastal drift processes. E. "Environmentally sensitive areas" means any of the following areas and their associated buffers: 1. Aquifer Recharge Areas 2. Streams or stream corridors: 3. Frequently flooded areas, 4. Geologically hazardous areas: a. Erosion hazard areas, b. Landslide hazard areas, c. Seismic hazard areas, 5. Habitat areas for priority species and species of concern and 6. Locally unique features: a. Ravines, b. Marine bluffs: c. Beaches and associated coastal drift processes. F. "Erosion hazard areas" means those areas containing soils which, according to the United States Department of Agriculture Soil Conservation Service Soil Classification System, may experience severe to very severe erosion. -14- 6. "Fiequently flooded area." inewis 1wids inflic floodplain subject to a Onepelceir ., in miy gi v en year (the f 60 -year storm flood). "iese areas includ f�kes, coastal meas, wetimids, mid the like. HG. "Functions and Values" means the natural processes and intrinsic environmental benefits offered by an environmentally sensitive feature. As examples, a function and an associated environmental value of a marine bluff is to provide materials to shorelines and thereby maintain beaches and spits from erosion, and a function and an associated environmental value of a stream is to provide water that in turn insures the survival of a diversity of flora and fauna. 1H. "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological event, are not suited to siting commercial, residential, or industrial development consistent with public health or safety concerns. J1. "Habitats of local importance" means a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long-term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alteration, such as cliffs, talus, and wetlands. J. "Habitat Area for Priority STecies and Species of Concern" ("Prioritysped es and Species of Concern Habitat") means habitat supporting: 1. fish and wildlife species that are designated by the State to be of concern due to their population status and their sensitivity to habitat alteration; and 2. recreationally important species for which the maintenance of a stable population and surplus for recreation may be affected by habitat loss or change. K. "Historic Condition" means the condition ofthe land, including flora, fauna, soil, topography, and hydrology that existed before the area and vicinity were developed or altered by human activity. K. "Emid-disturbing activity" ineans any use of the land that resufts in. 1) Ciialige in die naturai cover or topography tf iat exposes scif s or 2) may canse or contribute to sedimentation. flxis does not include non-destructive vegetation trinnlfillg7. L. "Landslide hazard areas" means areas potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors. The following areas are considered to be subject to landslide hazards: 1. Areas of historic failures or potentially unstable slopes, such as areas mapped within Soils Conservation Service Slide Hazard Area Studies; as unstable by the 1978 Coastal Zone Atlas; and as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps published by the United States Geological Survey or Department of Natural Resources Division of Geology and Earth Resources. 2. Any area with a combination of: a. slopes fifteen percent (15%) or steeper, and b. impermeable soils (typically silt and clay) frequently interbedded with granular soils (predominantly sand and gravel); and, c. springs or ground water seepage. 3. Any area potentially unstable as a result of rapid stream incision, stream bank erosion (e.g. ravines) or under -cutting by wave action (e.g. marine bluffs). 4. Areas of potential failure due to over steepening of the slope beyond the in-place soil's ability to resist sliding (slope exceeds angleof repose). -15- M. "Locally unique features" means landforms and features that are important to the character of the City of Port Angeles and the adjoining Port Angeles Urban Growth Area. These features or landforms usually contain more than one environmentally sensitive area or "critical area". Locally unique features in the Port Angeles region include ravines, marine bluffs, and beaches and associated coastal drift processes. apimids located adjacent to the shorefine, creating verticai cliffs that are mi important source of sediment fb. coastal drift processes and7b, the 1widfbinis created by these processes. 6N. "Mitigation" means taking measures including avoiding, minimizing, and compensating for adverse impacts to an environmentally sensitive area and should be taken in the following order of preference and may include a combination of these measures: 1. Avoiding the impacts altogether by not taking a certain action or parts of an action but still accomplishing the objective of the proposed action; 2. Minimizing the impacts by limiting the degree or magnitude of an action, by using appropriate technology and best management practices, or by taking affirmative action to reduce impacts; 3. Rectifying the impacts of an action by repairing, rehabilitating, or restoring the affected environment; 4. Reducing or eliminating the impacts over time by preservation and maintenance operations during the life of an action; 5. Compensating for the impacts by restoring, enhancing, providing substitute resources, or creating new environments; and 6. Monitoring the impacts and the mitigation and taking appropriate corrective measures. P. - 19> > or pf wits, plant mid does not expose the soif surface. Q. "Priority ha�bitats" means weas with one or niore of the fblfovving attliba compat ativef y high fish mid vv ildf ife density; high fish and vy ildlife species i ictmess; finportmi fish mid wildlife breeding habitat, seasonal > vi movement corridors, R. "Priority Specie., and species of doncern f labitat" inewis habitat supporting -.(a) fish and vvildlif� species that are designated by the State to be of concern due to their pop-aiatio status and theit sensitivity to habitat after ation; ..d (b) recreationafly finput tmit species fbr whiCIIII or change. S. "Ravines" means narrow gotges norinafly containing steep sfopes, having fi ui no defined floodplain, and deeper than ten (t 0) verticai f�et as measui ed froin the centei line of the ra-vinc to the top of the slope. 0. "Riparian habitat' means areas adjacent to aquatic systems with flowing water that contains elements of both aquatic and terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material, nutrients, organic and inorganic debris terrestrial insects or habitat for riparian aquatic and terrestrial - associated wildlife Widths shall be measured from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified. It includes the entire extent of -16- the flood Main and the extent of vegetation adapted to wet conditions as well as adjacent upland plant communities that directly influence the stream system. Riparian habitat areas include those urian areas severely altered or damaged due to human development activities. 9FP. "Seismic hazard areas" means areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, or surface faulting. These conditions occur in areas underlain by cohesionless soils of low density usually in association with a shallow groundwater table. UQ. "Setback" means the minimum distance for any use, structure or building from a hazard area as required by a qualified expert as identified in PAMC 15.20.060(B)(4)(b) to protect safety for occupants of a development and/or users of a site. 'FSR. "Stream corridor" means variable width planning area defined by the type of stream or watercourse, or from the top of the bank or dike. Stream corridors include both year- round and seasonal waterways, but vary in width depending on the rating of the stream. If the stream or watercourse is contained within a ravine, the stream corridor may be established using the Locally Unique Feature Corridor. Mien proposed in a ra-vine mid maritre bluff buffas. Viewshed ei�iancement does not incl -ad non-destractive trinnning of vegetation as defined by thisehapten X. "Watertypes" include categories established and defined inwAe 222-i6-03 amended. 15.20.040 - Applicability. This Section establishes regulations for the protection of areas which are environmentally sensitive. Areas listed, identified, classified, or rated as environmentally sensitive are those which are or may become designated environmentally sensitive by the City of Port Angeles Comprehensive Plan or by separate studies which indicate that an area is environmentally sensitive. A site specific analysis which indicates that any element regulated by this Chapter is present will result in an area being classified as environmentally sensitive. A. All development proposals, including enhancement projects, in environmentally sensitive areas shall comply with the requirements and provisions of this Chapter. Responsibility for administration and enforcement of the provisions of this Chapter shall rest with the Planning Director or the Director's designee. B. For the purposes of this Chapter, development proposals include proposals which require any of the following: building permit, clearing and grading permit, shoreline substantial development permit, shoreline conditional use permit, shoreline variance, shoreline environmental redesignation, conditional use permit, zoning variance, zone reclassification, planned residential development, subdivision, short subdivision, or any other land use approvals required by ordinance of the City of Port Angeles or the Revised Code of Washington. Where possible, the City shall attach conditions to development proposals or combine permit decisions to ensure compliance with this Chapter while alleviating duplicate permit decisions. C. When any provision of any other City ordinance conflicts with this Chapter, that which provides the greatest protection to environmentally sensitive areas shall apply unless specifically provided otherwise in this Chapter. D. This Chapter applies to all environmentally sensitive areas located on or adjacent to properties within the jurisdiction of the City of Port Angeles. Specific environmentally sensitive features (streams, ravines, marine bluffs, beaches) shall be defined and designated as 17- I set forth below. The approximate distribution and extent of environmentally sensitive areas in the City are displayed on the following series of maps on file with the City of Port Angeles Planning Department: 1. Wetland and Hydric Soil Composite Map, as promulgated pursuant to the City's Wetlands Protection Ordinance, Chapter 15.24 PAMC. 2. Environmentally Sensitive Areas Composite Maps, which shall be prepared and revised as necessary from time to time by the Planning Director or his designee in accordance with this Chapter. These maps are to be used as a guide to theeg_neral location and extent of environmentally sensitive areas. The maps shall be used to alert the public and City officials of the potential presence of environmentally sensitive areas on-site or off-site of a development proposal. Given the generalized nature of these maps and recognizing that environmentally sensitive areas are a dynamic environmental process, the actual presence and location of environmentally sensitive areas, as determined by qualified professional and technical scientists, shall be established and protected in accordance with all the provisions ofthis Chapter, which shall govern the treatment of proposed development sites. In the event that any of the environmentally sensitive areas shown on the maps conflict with the criteria set forth in this Chapter, the criteria shall control. E. The exact location of the boundary of an environmentally sensitive area shall be determined through the performance of a field investigation applying the definitions and criteria provided in this Chapter. A gQualified professional and tectmical scientists shall perform delineations of environmentally sensitive area boundaries. For example, in areas where a Class II or Class III Landslide Hazard is suspected, a geotechnical study would be required to specifically identify the nature and extent of the potential hazard. The Plannin Director of Community Development, as assisted by other City officials, has final responsibility for the accuracy of the submitted information. The applicant may be required to show the location of the environmentally sensitive area boundary on a scaled drawing as a part of a City permit application. The Planning Director of Community Development may require the delineation of the environmentally sensitive area boundary by qualified professionals retained by the applicant. Alternatively, the Planning Director may retain qualified professional scientists and technical experts or other experts as needed to perform the delineation, in which event the applicant will be charged for the costs incurred in accordance with the provisions of this Chapter. Where the Planning Director of Community Development perfornrs approves an environmentally sensitive area delineation, such delineation shall be considered a final determination unless appealed to the Port Angeles City Council. Where the applicant's scientists wi&or experts qualified professionals have provided a delineation of the environmentally sensitive area boundary the Planning Director shall verify the accuracy of and may render adjustments to, the boundary delineation. In the event the adjusted boundary delineation is contested by the applicant, the Planning Director shall, at the applicant's expense, obtain expat servi a qualified professional to render a final delineation. Decisions of the Planning Director in applying this Chapter may be appealed to the City Council per Section 15.20.110 of this Chapter. 15.20.050 - Permitted Uses and Development Restrictions. IN -IN A. Permitted Uses Uses permitted on properties which contain an area classified as environmentally sensitive shall be the same as those permitted in the underlying zone. Each use shall be evaluated in accordance with the review process required for the proposed use in the underlying zone in conjunction with the requirements of this Chapter, State and Federal regulations. Nothing in this Chapter is intended to preclude reasonable use of property. If an applicant feels that the requirements of this Chapter as applied to a specific lot or parcel of land do not permit a reasonable use of property, the applicant may request that the Planning Director make a determination as to what constitutes reasonable use of such property. Any decision of the Planning Director in making such a determination shall be subject to the appeal provisions set forth in Section 15.20.110 of this Chapter, and the burden of proof in such an appeal shall be upon the appellant to prove that the determination of reasonable use made by the Planning Director is incorrect. B. Development Restrictions. 1. The following environmentally sensitive areas shall remain undisturbed except as otherwise provided in Section 15.20.080, Development Exceptions: a. Significant and important wetlands and their buffers, pursuant to the regulations presented in the City's Wetlands Protection Ordinance, Chapter 15.24 PAMC. b. Surface Streams and their buffers, pursuant to Section 15.20.070 ofthis Chapter. c. Ravines, marine bluffs and their buffers, pursuant to Section 15.20.070 of this Chapter. d. Beaches and associated coastal drift processes pursuant to Section 15.20.070 of this Chapter. 2. All other environmentally sensitive areas identified above in PAMC 15.20.030B are developable pursuant to the provisions of Section 15.20.070 of this Chapter. The applicant shall clearly and convincingly demonstrate to the satisfaction of the Planning Director that the proposal incorporates measures pursuant to this Chapter which adequately protect the public health, safety and welfare. (Ord. 2979 § 1 (part), 2/13/98; Ord. 2656 § 1 (part), 11/29/9 1.) 15 20 060 - Submittal Requirements and Support Information Required. A. Submittal Requirements Applications for land uses or developments proposed within areas listed, identified, inventoried, classified, rated, or otherwise determined to be environmentally sensitive or which have been so determined by the Planning Director of Community Development based upon a site specific analysis or such other information supplied which supports the finding that a site or area is likely to contain environmentally sensitive characteristics, shall be filed with all the information requested on the application forms available from the Planning Departmen Division. The Planning Director of Community Development may waive specific submittal requirements determined to be unnecessary for review of a specific application type. The applicant shall provide the information necessary for the Planning Departinen Division to determine if and to what extent the site contains environmentally sensitive characteristics. The Plamring Director of Community Development shall make the determination to classify an area as environmentally sensitive pursuant to the procedures set forth in PAMC 15.20.040E. B. Supporting Information Required. All land uses and developments proposed in an area listed, identified, inventoried, classified, or rated as environmentally sensitive shall include supporting studies, prepared to describe the environmental limitations of the site. No -19- construction activity, including clearing or grading, shall be permitted until the information required by this Chapter is reviewed and approved by the City as adequate. Special environmental studies shall include a comprehensive site inventory and analysis, a discussion ofthe potential impacts of the proposed development, and specific measures designed to mitigate any potential adverse environmental impacts of the applicant's proposal, both on-site and off-site, as follows: 1. A description of how the proposed development will or will not impact each of the following; a. Erosion hazards; b. Landslide hazards; c. Seismic hazards; d. Drainage, surface and subsurface hydrology, and water quality; e. Flood prone areas; f. Existing vegetation as it relates to steep slopes, soil stability, and natural habitat value (for wetlands, refer to Chapter 15.24 PAMC); I g. Locally unique landforms: ravines, marine bluffs, beaches and associated coastal drift processes; 2. Recommended methods for mitigating identified impacts and a description of how these mitigating measures may impact adjacent areas. 3. Any additional information determined to be relevant by the City or by the professional consultant who prepared the study. 4. Such studies shall be prepared with assistance by experts qualified professionals in the area of concern, which at a minimum shall include the following types of experts: a. Flood hazard areas: Professional Civil Engineer licensed by the State of Washington; b. Erosion Hazard Areas, Landslide Hazard Areas, and Seismic Hazard Areas: Geologist and/or CivilGeotecimical Engineer with Geotechnical expertise; c. Wetlands: Biologist with wetlands ecology expertise; d. Streams, Rivers, Riparian Areas, Drainage Corridor, Ravine: Geologist or Civil 6eotecfmical Engineer with Geotechnical expertise; e. Marine Bluffs, Beaches: Geologist, or Civil6eoteclmicai Engineer with Geotechnical expertise, or Oceanographer; f. Fish and Wildlife Habitats: Biologist with freshwater and/or marine habitat ecology expertise. C. Environmentally sensitive area Reports - Requirements 1. Pre -pared by qualified professional. The applicant shall submit a environmentally sensitive area report prepared by a qualified professional as defined herein. 2. Incorporating best available science. The environmentally sensitive area report shall use scientifically valid methods and studies in the analysis of environmentally sensitive area data and field reconnaissance and reference the source of science used. The environmentally sensitive area rgport shall evaluate the proposal and all probable impacts to environmentally sensitive areas in accordance with the provisions of this Title. 3. Minimum report contents. At a minimum_ the report shall contain the following: -20- a. The name and contact information of the applicant, a description of the proposal and identification of the permit requested; b. A copy of the site plan for the development proposal showing: i. Identifies environmentally sensitive areas, buffers, and the development proposal with dimensions; ii. Limits of any areas to be cleared, and a description of the proposed stormwater management plan for the development and consideration of impacts to drainage alterations; c. The dates names and qualifications ofthe persons preparing the report and documentation of any fieldwork performed on the site; d. Identification and characterization of all environmentally sensitive areas wetlands water bodies and buffers adjacent to the proposed project area; e. A statement specifying the accuracy ofthe report, and all assumoptions made and relied upon; f. An assessment ofthe probable cumulative impacts to environmentally sensitive areas resulting from the proposed development; & An analysis of site development alternatives: h. A description of reasonable efforts made to apply mitigation sequencing pursuant to Mitigation Seguencing jSection 15.20.080(I)(3)(d)l to avoid, minimize, and mitigate impacts to environmentally sensitive areas; i. Plans for adequate mitigation, as needed, to offset any impacts, in accordance with Mit�ation plan requirements [Section 15.20.080(I)(3)1, including, but not limited to: i. The i pacts of any proposed development within or adjacent to a environmentally sensitive area or buffer on the environmentally sensitive area; and ii. The impacts of any proposed alteration of a environmentally sensitive area or buffer on the development proposal other properties and the environment: j. A discussion of the performance standards applicable to the environmentally sensitive area and proposed activity: k. Financial guarantees to ensure compliance; and 1. Any additional information required for the environmentally sensitive area as specified in the corresponding Chapter. 4. Unless otherwise provided, a environmentally sensitive area report may be supplemented by or composed in whole or in partof any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site as approve by the Director of Community Development. D Environmentally sensitive area Report - modifications to requirements 1. Limitations to study area. The Director of Community Development may limit the required geographic area of the environmentally sensitive area report as appropriate if: a. The applicant with assistance from the City cannot obtain permission to access properties adjacent to the project area, or b. The proposed activity will affect only a limited part of the subject site. 2. Modifications to required contents. The applicant may consult with the Director of Community Development rior to or during preparation of modification to the required contents of the report where in the judgment of a qualified professional, more or less -21- information is required to adequately address the potential environmentally sensitive area impacts and required mitigation. 3. Additional information may be required. The Director of Community Development may require additional information to be included in the environmentally sensitive area report when determined to be necessary to the review of the proposed activity in accordance with this Title Additional information that may be required, includes, but is not limited to: a. Historical data, including original and subsequent mapping, aerial photographs data compilations and summaries and available reports and records relating to the site or cast operations at the site; b. Grading and drainage plans; and c. Information specific to the type, location, and nature of the environmentally sensitive area. EE. City Review. 1. The City may in some cases retain consultants at the applicant's expense to assist the review of studies outside the range of staff expertise. 2. All environmentally sensitive studies shall be prepared under the supervision of the City. The Manning Director of Community Development will make the final determination on the adequacy of these studies. 15.20.070 - Development Standards. A. Streams. All areas falling within the corridors identified in the following subsection are subject to the requirements of this Chapter. 1. Stream Corridors. This subsection defines corridor dimensions for different classes of streams and their tributaries as rated pursuant to WAC 222-16-020 and -030. All areas falling within a corridor are subject to review under this Chapter unless excluded by the Plain ing Director of Community Development. Dimensions are measured from the seasonal high water mark or elevation of the stream or watercourse as follows: Type 1 250 feet; Type 2 250 feet; Type 3 150 feet; Type 4 100 feet; Type 5 none. Should the stream be located within a ravine, the greater dimension of either the stream corridor, or the ravine corridor, will be used to define areas subject to the requirements of this Chapter. 2. Stream Buffers. Any development or construction adjacent to a stream shall preserve a buffer which is wide enough to maintain the natural hydraulic and fish and wildlife habitat functions of that stream. The following buffers of undisturbed native vegetation shall be provided for different classes of streams and their tributaries as rated pursuant to WAC 222-16-020 and -030. Dimensions are measured from the ordinary high water mark or elevation of the stream or watercourse, or from the top of the bank or dike: Type 1 100 feet Type 2 100 feet Type 3 75 feet Type 4 50 feet Type 5 none. -22- 3. Stream corridors and buffers shall be increased to include streamside wetlands which provide overflow storage for stormwaters, feed water back to the stream during low flows or provide shelter and food for fish. 4. Additional Buffers. The banning Director of Community Development may require either additional native vegetation or increased buffer sizes when environmental information indicates the necessity for additional vegetation or greater buffers in order to achieve the purposes of this Chapter. In cases where additional buffers are not feasible, the Ping Director of Community Development may require the applicant to undertake alternative on-site or off-site mitigation measures, including but not limited to a financial contribution to projects or programs which seek to improve environmental quality within the same watershed. B. Locally Unique Feature - Ravines Marine Bluffs and Beaches and Associated Coastal Drift Processes. All areas falling within the corridors identified in the following subsection are subject to the requirements of this Chapter. 1. Locally Unique Feature Corridors: The following corridors, as measured from the top of ravines, the top and toe of marine bluffs, and beaches, define areas subject to the requirements of this Chapter, unless excluded by the Piamring Director of Community Development: Ravines 200 feet; Marine Bluffs 200 feet; Beaches and Associated Coastal Drift Processes Shoreline Management Jurisdiction. Should locally unique feature corridors also overlay stream corridors, the criteria of this Section will be used. 2. Buffers. The following buffers of undisturbed vegetation shall be established from the top of ravines; the top and toe of marine bluffs and ravines: Ravines 25 feet; Marine Bluffs 50 feet; Beaches and Associated Coastal Drift Processes Per the City's Shoreline Master Program as adopted by PAMC 15.08.040. 3. Undisturbed buffers adjoining both marine bluffs and beaches shall be sufficient to assure that natural coastal drift processes will remain unimpaired. 4. Buffer Reduction. The buffer may be reduced when expert verification and environmental information demonstrate to the satisfaction of the Planning Director of Community Development that the proposed construction method will: a. Not adversely impact the stability of ravine sidewalls and bluffs; b. Not increase erosion and mass movement potential ofravine sidewalls and bluffs; c. Use construction techniques which minimize disruption of the existing topography and vegetation; and d. Include measures to overcome any geological, soils and hydrological constraints of the site. 5. Additional Buffers. The Piamring Director of Community Development may require either additional native vegetation or increased buffer sizes when environmental information indicates the necessity for additional vegetation or greater buffers in order to achieve the purposes of this Chapter. In cases where additional buffers are not feasible, the Planning -23- I Director may require the applicant to undertake alternative on-site or off-site mitigation measures, including but not limited to a substitute fee per Section 15.20.080(I)(2)(C) for projects or programs which seek to improve environmental quality within the same watershed. 6. Viewshed enhancement. In ravine and marine bluffbuffers, the Planrring Director of Community Develoment may approve alterations in vegetation coverage for the purposes of viewshed enhancement, so long as such alterations will not: a. vv isnot increase geological hazards such as erosion potential, landslide potential, or seismic hazard potential_; -m b. will not adversely affect significant fish and wildlife habitat areas_; =d c. remove by thinning more than 30% of the live crown of a tree. d. include felling, topping, or removal of trees. V. will revegetate disturbed !mid to reduce erosion and laridsh potentiah The landowner shall replace any trees that are felled or topped with new trees at a ratio of two trees for each tree felled or topped (2:1) within one (1) year in accordance with an approved restoration plan Tree species that are native and indigenous to the site and a minimum caliper of two (2) inches shall be used. C. Geological Hazard (Erosion, Landslide, Seismic) Areas. Areas containing or adjacent to geological hazard areas shall be altered only when the Planning Director concludes, based on environmental information, the following: 1. For Landslide hazard areas: a. That the land clearing, grading or filling activities will adhere to the best management practices. b. That the vegetation in erosion hazard areas will be preserved or replaced. 2. There will be no increase in surface water discharge or sedimentation to adjacent properties; a. There will be no decrease in slope stability on adjacent properties; and b. Either: i. There is no hazard as proven by evidence of no landslide activity in the past in the vicinity of the proposed development and a quantitative analysis of slope stability indicates no significant risk to the development proposal and adjacent properties; ii. The landslide hazard area can be modified or the development proposal can be designed so that the landslide hazard is eliminated or mitigated so that the site is as safe as a site without a landslide hazard; or iii. The alteration is so minor as not to pose a threat to slope stability. 3. For Seismic hazard areas: a. There is no actual hazard based on a lack of seismic activity in the past in the area of the development proposal, and a quantitative analysis of potential for seismic activity indicates no significant risk to the development proposal; or b. The development proposal can be designed so that it will minimize any risk of harm from seismic activity to public health, safety or welfare on or off the site. c. Construction on artificial fills is certified by a geotechnicaycivil engineer with geotechnical expertise as safe from earthquake damage as a similar development not located on artificial fill. This requirement may be waived for actions involving minor -24- changes, alterations or additions to developed properties, provided that such activities do not jeopardize public health, safety or welfare on or off the site. 4. Geological Hazard Area Setbacks: In the event that it is determined that a geological hazard area is unstable and cannot be safely developed and must remain as permanent open space, setbacks from hazard areas shall be required as necessary to mitigate erosion, landslide, and seismic hazards, or as otherwise necessary to protect the public health, safety, and welfare of the occupants of a development and/or the users of a site and shall be determined by qualified experts professionals as prescribed in PAMC 15.20.060(B)(4). D. Priority Species and Species of Concern Habitat Areas. To protect the habitat of species which are designated by the State to be priority species or species of concern and thereby maintain and increase their populations, priority species and species of concern habitat areas shall be subject to the following: 1. When a development proposal contains a priority species or species of concern habitat, the applicant shall submit a habitat management plan. The need for a Habitat Management Plan should be determined during State Environmental Policy Act (SEPA) review of the proposal. The habitat management plan should identify how the impacts from the proposed project will be mitigated. Possible mitigation measures should include, but are not limited to: (a) establishment of buffer zones; (b) preservation of critically important plants and trees, (c) limitation of access to habitat area, (d) scheduling construction activities to avoid interference with wildlife and fisheries rearing, resting, nesting or spawning activities; (e) using best available technology to avoid or reduce impacts; (f) using drainage and erosion control measures to prevent siltation of aquatic areas; and (g) reducing the size, scope, configuration or density of the project. 2. Buffer: To retain adequate natural habitat for priority species, buffers shall be established on a case-by-case basis as described in a habitat management plan. 3. Uses and activities allowed within a priority species or species of concern habitat area as identified by a habitat management plan shall be limited to low intensity land uses which will not adversely affect or degrade the habitat and which will not be a threat to the critical ecological processes such as feeding, breeding, nesting and resting. E. Frequently Flooded Areas. Development in frequently flooded areas which are not subject to the standards of other environmentally sensitive areas, including wetlands, will be directed by Chapter 15.12 "Flood Hazard Areas" of the City of Port Angeles Municipal Code. F. Limited Density Transfer. The calculation of potential dwelling units in residential development proposals and allowable floor area in non-residential development proposals shall be determined by the ratio of developable area to undisturbable environmentally sensitive area of the development site except as otherwise provided for wetlands in the City's Wetlands Protection Ordinance, Chapter 15.24 PAMC. The following formula for density and floor area calculations is designed to provide compensation for the preservation of environmentally sensitive areas, flexibility in design, and consistent treatment of different types of development proposals. 1. Formulas. The maximum number of dwelling units (DU) for a site which contains undisturbable environmentally sensitive areas is equal to: [(Developable Area) divided by (Minimum Lot Area/DU)] + [(Undisturbable Area) divided by (Minimum Lot Area/DU) (Development Factor)] = Maximum Number of Dwelling Units. -25- The maximum amount of non-residential floor area for a site which contains undisturbable environmentally sensitive areas is equal to: [(Maximum Permitted Floor Area/Lot Area)(Developable Area)] + [(Maximum Permitted Floor Area/Lot Area) (Undisturbable Area) (Development Factor)] _ Maximum Amount of Floor Area. Environmentally sensitive areas which are to be disturbed shall receive full credit towards calculating the number of dwelling units or floor area. 2. Development Factor. As used in the preceding Subsection, the development factor is a number to be used in calculating the number of dwelling units or the maximum allowable floor area for a site which contains undisturbable environmentally sensitive areas. The development factor is derived from the following table: Undisturbable Sensitive Area as Percentage of Site Development Factor 1 - 10 .30 11-20 .27 21 -30 .24 31-40 .21 41-50 .18 51-60 .15 61-70 .12 71-80 .09 81-90 .06 91-99 .03 15.20.080 - Development Exceptions. Exceptions to the development restrictions and standards set forth in Sections 15.20.050 and 15.20.070 may be permitted by application to the Planning Director pursuant to the provisions of this Section. A. Reasonable Use Development Exceptions in Stream and Locally Unique Feature Corridors. 1. Development Proposals. An applicant may propose a reasonable use development exception pursuant to the following decision criteria: a. The proposal is limited to the minimum necessary to fulfill reasonable use of the property, and there is no other reasonable alternative; b. The proposal is compatible in design, scale, and use with other development or potential development in the immediate vicinity of the subject property in the same zone classification and with similar site constraints; c. The proposal utilizes to the maximum extent possible the best available construction, design, and development techniques which result in the least adverse impact on the environmentally sensitive area or areas; d. The proposal incorporates all other development standards of Section 15.20.070; and e. The proposal is consistent with the purpose and intent of this Chapter. f. When the functions and values of the environmentally sensitive area will be disrupted, the applicant has prepared a mitigation plan per Subsection I.3. -26- 2. Minor Additions to and Modifications of Existing Structures. Existing structures or improvements that do not meet the requirements of this Chapter may be remodeled, reconstructed or replaced provided that the new construction does not further disturb an environmentally sensitive area. 3. Previously Altered Environmentally Sensitive Areas. If any portion of an environmentally sensitive area has been altered from its natural state, the applicant may propose to develop within the altered area pursuant to the following decision criteria: a. The environmentally sensitive area was lawfully altered in accordance with the provisions of this Chapter and any state and federal laws at the time the alteration occurred; b. The previous alteration has significantly disrupted the natural functions and values of the environmentally sensitive area; c. The new alteration does not further disrupt the natural functions and values of the environmentally sensitive area; d. The proposal utilizes to the maximum extent possible the best available construction, design and development techniques which result in the least adverse impact on the environmentally sensitive area; e. The proposal incorporates all other development standards of Section 15.20.070, and f. The proposal is consistent with the purpose and intent of this Chapter. 4. Vegetation management practices may allow the following: a. Nondestructive pruning and trimming of vegetation for maintenance purposes: b. thinning of limbs of individual trees to provide for viewshed enhancement: or c. removal of nonnative vegetation and replacement with native vegetation: provided, that increased erosion, landslide, or other adverse impacts to the 45. If the Planning Director determines that a reasonable use exception may be granted, the applicant shall sign a waiver indemnifying the City from any liability due to damages that could result from location of the development in or near an environmentally sensitive area. 56. Alternatively, ifthe Planning Director determines that application ofthese standards would deny all reasonable economic use of the property, the City may take the property for public use with just compensation being made. B. Emergencies. The ilnning Director of Community Development may approve improvements or alterations that are necessary to respond to emergencies that threaten the health and safety, when he/she determines that no reasonable alternative exists and the benefit outweighs the loss. Emergencies shall be verified by qualified experts as prescribed in PAMC 15.20.060(B)(4). C. Drainage Facilities. Streams and their buffers maybe altered for use as a drainage facility provided that all requirements ofthe City of Port Angeles Stormwater Management Plan and all other local, state, and federal laws are satisfied, and so long as increased and multiple natural resource functions are achievable and the benefits outweigh any lost resource. The Planning Director may approve drainage facilities in a stream only where he/she determines that -27- long-term impacts are minimal or where there are no practicable or reasonable alternatives and mitigation is provided. D. Trails and Trail -Related Facilities. Public and private trails and trail -related facilities, such as picnic tables, benches, interpretive centers and signs, and viewing platforms shall be allowed, but use of impervious surface shall be minimized. Trails and trail -related facilities shall be avoided within stream channels. The Pimming Director of Community Development may approve such trails and facilities only when he/she determines that there is no practicable or reasonable upland alternative. Trail planning, construction and maintenance shall adhere to the following additional criteria: 1. Trails and related facilities shall, to the extent feasible, be placed on existing levies, road grades, utility corridors, or any other previously disturbed areas; 2. Trails and related facilities shall be planned to minimize removal of trees, shrubs, snags and important wildlife habitat; 3. Trail construction and maintenance shall follow the U.S. Forest Service "Trails Management Handbook" (FSH 2309.18, June 1987) and "Standard Specifications for Construction of Trails" (EM -7720-102, June 1984) as may be amended, or trail standards adopted by the City of Port Angeles; 4. Viewing platforms, interpretive centers, picnic areas, benches and access to them shall be designed and located to minimize disturbance; 5. Trails and related facilities shall provide water quality protection measures to assure that runoff from them does not directly discharge to wetlands or streams; and 6. Within buffers, trails and trail -related facilities shall be aligned and constructed to minimize disturbance to stream functions and values. E. Utilities. Every attempt shall be made to avoid locating utilities within streams. The Planning director may approve utilities in streams only when he/she determines that there is no practicable or reasonable upland alternative. F. Stream Crossings. Stream crossings, whether for access or utility purposes, shall be avoided to the extent possible; but when necessary due to the lack of feasible alternatives, crossing of streams shall follow all applicable local, state and federal laws and the following criteria: 1. Bridges are required for streams which support salmonids, unless otherwise allowed by the Washington State Department of Fisheries; 2. All crossings using culverts shall use superspan or oversize culverts; 3. Any work within the stream channel shall be constructed and installed during per the requirements of an applicable State hydraulics permit; 4. No work within the stream channel shall occur in salmonid spawning areas; 5. Bridge piers or abutments shall not be placed in either the floodway or between the ordinary high water marks unless no other feasible alternative placement exists; 6. Crossings shall not diminish flood -carrying capacity; 7. Crossings shall provide for maintenance of culverts, bridges and utilities; and 8. Crossings shall serve multiple properties whenever possible. G. Time Limitation. A development exception automatically expires and is void if the applicant fails to file for a building permit or other necessary development permit within one year of the effective date of the development exception, unless either: -28- 1. The applicant has received an extension for the development exception pursuant to Subsection H of this Section; 2. The development exception approval provides for a greater time period. H. Time Extension. TheTimmingDirector of Community Development may extend a development extension, not to exceed one year, if: 1. Unforeseen circumstances or conditions necessitate the extension of the development exception; 2. Termination of the development exception would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and 3. The extension of the development exception will not cause adverse impacts to environmentally sensitive areas. I. Mitigation. For any allowable development exception provided under this Section, the following restoration and compensation mitigation measures to minimize and reduce impacts to environmentally sensitive areas shall be required, and a mitigation plan per Subsection 1.3 of this Section shall be completed and must be approved by the Planning Director of Community Development prior to development approval: 1. Restoration. Restoration is required when the functions and values of environmentally sensitive areas have been disrupted by alteration prior to development approval. 2. Compensation. Compensation is required from developers for all approved alterations to environmentally sensitive areas. Compensation required for specific development standards shall include, but is not limited to, the following: a. Streams i. The applicant shall maintain or improve stream channel dimensions, including depth, length, and gradient; restore or improve native vegetation and fish and wildlife habitat; and create an equivalent or improved channel bed, biofiltration and meandering. ii. The Plwniing Director of Community Development may postpone or limit development, require bonds pursuant to Section 15.20.100, or use other appropriate techniques to ensure the success of the mitigation plan. The decision of the Planning Director of Community Development to postpone or limit development may be appealed per Section 15.20.110. b. Beaches and Coastal Drift Processes i. The applicant shall restore, enhance, or create the beach and associated coastal drift processes per the City's Shoreline Master Program as adopted by PAMC. ii. The Piarming Director of Community Development may postpone or limit development, require bonds pursuant to Section 15.20.100, or use other appropriate techniques to ensure the success of the mitigation plan. The decision of the Pl✓arming Director of Community Development to postpone or limit development may be appealed per Section 15.20.110. c. Substitute Fees. In cases where the applicant demonstrates to the satisfaction of the P-larmingDirector of Community Development that a suitable compensation site does not exist, the Planning Director of Community Development may allow the applicant to make a financial contribution to an established environmental project orprogram. The project or program must improve environmental quality within the Port Angeles Regional watershed. The amount of the fee must be equal to the cost of mitigating the impact of stream or shoreline alteration and must be approved by the Planning Director of Community Development. -29- 3. Mitigation Plans. All restoration and compensation required for development exceptions shall follow a mitigation plan prepared by qualified experts as prescribed in PAMC 15.20.060(b)(4) containing the following components: a. Baseline Information. Quantitative data shall be collected and analyzed for both the impacted environmentally sensitive area and the proposed mitigation site, if different from the impacted environmentally sensitive area, following procedures approved by the Pimmin Director of Community Development; b. Environmental Goals and Objectives. Goals and objectives describing the purposes of the mitigation measures shall be provided, including a description of site selection criteria, identification of target evaluation species and resource functions; c. Performance Standards. Specific criteria for fulfilling environmental goals and objectives, and for beginning remedial action or contingency measures shall be provided, including water quality standards, species richness and diversity targets, habitat diversity indices, or other ecological, geological or hydrological criteria. d. Detailed Construction Plan. Written specifications and descriptions of mitigation techniques shall be provided, including the proposed construction sequence, accompanied by detailed site diagrams and blueprints that are an integral requirement of any development proposal. e. Monitoring Program. A program outlining the approach for assessing a completed project shall be provided, including descriptions or proposed experimental and control site survey or sampling techniques. A protocol shall be included outlining how the monitoring data will be evaluated by agencies that are tracking the progress of the mitigation project. A report shall be submitted at least twice yearly documenting milestones, successes, problems and contingency actions of the restoration or compensation project. The Planning Director shall require that the applicant monitor the compensation or restoration project for a minimum of two years. f. Contingency Plan. A plan shall be provided fully identifying potential courses of action and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met. g. Performance and Maintenance Securities. Securities ensuring fulfillment of the mitigation project, monitoring program and any contingency measures shall be posted pursuant to Section 15.20.100. 4. Final Approval. The Planning Director of Community Development shall grant final approval of a completed restoration or compensation project if the final report of the project mitigation plan satisfactorily documents that the area has achieved all requirements of this section. 15.20.090 - Sensitive Area Tracts. As a condition of any permit issued pursuant to this Chapter, the permit holder may be required to create a separate sensitive area tract or tracts containing the areas determined to be environmentally sensitive in field investigations performed pursuant to Subsection 15.20.040(E). Sensitive area tracts are legally created tracts containing environmentally sensitive features and their buffers that shall remain undisturbed in perpetuity. Sensitive area tracts are an integral part of the lot in which they are created, are not intended for sale, lease or transfer, and shall be included in the area of the parent lot for purposes of subdivision method and zoning regulations. -30- A. Legal Protection of Sensitive Area Tracts. When the Planning Director of Community Development requires the creation of a sensitive area tract as a condition of any permit issued pursuant to this Chapter, the sensitive area tract or tracts shall be protected by one of the following methods to be determined by the Planning Director of Community Development: 1. Easement. The permit holder shall convey an irrevocable offer to dedicate to the City of Port Angeles, or other public or non-profit entity specified by the Planning Director of Community Development, an easement for the protection of the environmentally sensitive area; or 2. Deed Restriction. The permit holder shall establish and record a permanent and irrevocable deed restriction on the property title of all lots containing a sensitive area tract or tracts created as a condition of any permit. Such deed restriction(s) shall prohibit in perpetuity the development, alteration, or disturbance of vegetation within the sensitive area tract, except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the City of Port Angeles and any other agency with jurisdiction over such activity. The deed restriction shall also contain the following language: "Before, beginning, and during the course of any grading, building construction, or other development activity on a lot or development site subject to this deed restriction, the common boundary between the area subject to the deed restriction and the area of development activity must be fenced or otherwise marked to the satisfaction of the City of Port Angeles". 3. Additional Note. The following note shall appear on the face of all plats, short plats, PRDs, or other approved site plans containing separate sensitive area tracts and shall be recorded on the title of record for all affected lots: "NOTE: All owners of lots adjoining separate sensitive area tracts identified as sensitive area easements or protected by .deed restriction are responsible for maintenance and protection of the tracts. Maintenance includes ensuring that no alterations occur within the separate tract and that all vegetation remains undisturbed for other than natural reasons, unless the express written authorization of the City of Port Angeles has been received." B. Identification of Sensitive Area Tracts. The common boundary between a separate sensitive area tract and the adjacent land must be permanently identified. 1. Signs. Identification shall include permanent signs available at the Planning Departm=tDivision on treated or metal posts. Sign locations, wording, and size specifications shall be approved by the Planning Director of Community Development. 2. Fencing. The Planning Director of Community Development may require permanent fencing for the purpose of delineating the sensitive area tract or tracts. C. Maintenance of Sensitive Area Tracts. Responsibility for maintaining sensitive area tracts shall be held by either the property owner, a homeowners' association, adjacent lot owners, the permit applicant or designee, or other appropriate entity as approved by the farming Director of Community Development. 15.20.100- Securities and Enforcement. -31- A. Performance Securities. The Pimming Director of Community Development may require the applicant of a development proposal to post a cash performance bond or other acceptable security to guarantee that the applicant will properly construct all structures and improvements required by this Chapter. The security shall guarantee that the work and materials used in construction are free from defects. All securities shall be on a form approved by the Planning Director of Communily Development. Until written release of the security, the security may not be terminated or canceled. The Planning Director shall release the security upon determining that all structures and improvements have been satisfactorily constructed and upon the posting by the applicant of a maintenance security if one is required. B. Maintenance Securities. The Pimming Director of Commurifty Development may require the applicant to post a cash maintenance bond or other acceptable security guaranteeing that structures and improvements required by this chapter satisfactorily perform for a minimum of two years. This requirement shall also apply in the case of required mitigation improvements. All securities shall be on a form approved by the Planning Director. Until written release of the security, the principal or surety may not be terminated or canceled. 1 The ung Director of Community Development shall release the security upon determining that performance standards established for evaluating the effectiveness and success of the structures and improvements have been satisfactorily met. The performance standards shall be approved by the Rlainxing Director of Community Development and contained in the mitigation plan developed and approved during the review process. C. Renewable Bonds. Any bonds required by this Section may be in the form of one-year bonds to be renewed as appropriate. D. Enforcement. Violations of this Chapter shall be subject to the enforcement provisions of the Port Angeles Municipal Code. 15.20.110 - Appeals. A. Any person aggrieved by the decision of the Pimmin Director of Community Develo ment may appeal the decision to the City Council. B. Appeals shall be submitted to the Planning DepwtnitntDivision in writing within fourteen (14) days following the date of notification 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 for the time, place, and purpose of the hearing at least fifteen (15) days prior to the date of the public hearing by publishing in the City's officially designated newspaper, by posting the subject property in a conspicuous manner, and by mailing to the latest recorded real property owners within at least 300 feet of the boundary of the subject site as shown by the records of the County Assessor. D. The City Council's decision shall be final unless appealed to Clallam County Superior Court within twenty-one (21 ) days of such decision. Section 4. Ordinance 2655, as amended, and Title 15, Environment, shall be amended by amending Section 15.24 PAMC, Wetlands Protection, in its entirety to read as follows: Chapter 15.24 -32- WETLANDS PROTECTION Sections: 15.24.010 Findings of Fact and Purpose. 15.24.020 Definitions. 15.24.030 General Provisions. 15.24.040 Lands to Which this Chapter Applies. 15.24.045 Wetland Functional Assessment. 15.24.050 Regulated Activities and Allowed Activities. 15.24.060 Procedures for Wetland Permits. 15.24.070 Standards for Permit Decisions. 15.24.080 Temporary Emergency Permit - Enforcement. 15.24.090 Non -Conforming Activities. 15.24.100 Judicial Review 15.24.110 Amendments. 15.24.120 Assessment Relief. 15 24 010 - Findings of Fact and Purpose. A. Findings of Fact. The City Council ofthe City ofPort Angeles hereby finds that: I . Wetlands and their buffer areas are valuable and fragile natural resources with significant development constraints due to flooding, erosion, soil liquefaction potential, and septic disposal limitations. 2. In their natural state, wetlands provide many valuable social services and ecological sem ices functions, including: a. controlling flooding and stormwater runoff by storing or regulating natural flows; b. protecting water resources by filtering out water pollutants, processing biological and chemical oxygen demand, recycling and storing nutrients, and serving as settling basins for naturally occurring sedimentation; c. providing areas for groundwater recharge; d. preventing shoreline erosion by stabilizing the substrate; e. providing habitat areas for many species of fish, wildlife, and vegetation, many of which are dependent on wetlands for their survival, and many some of which are on Washington State and Federal Endangered Species lists; f. providing open space and visual relief from intense development in urbanized areas; g. providing recreation opportunities; and h. serving as areas for scientific study and natural resource education. 3. Development in wetlands results in: a. increased soil erosion and sedimentation of downstream water bodies, including navigable channels; b. increased shoreline erosion; -33- c. degraded water quality due to increased turbidity and loss ofpollutant removal processes; d. elimination or degradation of wildlife and fisheries habitat; e. loss of fishery resources from water quality degradation, increased peak flow rates, decreased summer low flows, and changes in the streamflow regimen; f. loss of stormwater retention capacity and slow-release detention resulting in flooding, degraded water quality, and changes in the streamflow regimen of watersheds; g. loss of groundwater recharge areas. 4. Buffer areas surrounding wetlands are essential to maintenance and protection of wetland functions and values. Buffer areas protect wetlands from degradation by: a. stabilizing soil and preventing erosion; b. filtering suspended solids, nutrients, and harmful or toxic substances; c. moderating impacts of stormwater runoff; d. moderating system microclimate; e. protecting wetland wildlife habitat from adverse impacts; f. maintaining and enhancing habitat diversity and/or integrity; g. supporting and protecting wetlands plant and animal species and biotic communities; and h. reducing disturbances to wetland resources caused by intrusion of humans and domestic animals. 5. The loss ofthe social services and ecological services functions provided by wetlands results in a detriment to public safety and welfare; replacement of such servicts functions, if possible at all, can require considerable public expenditure. 6. A considerable acreage ofthese important natural resources has been lost or degraded by draining, dredging, filling, excavating, building, polluting, and other acts inconsistent with the natural uses of such areas. Remaining wetlands are in jeopardy of being lost, despoiled, or impaired by such acts. 7. It is therefore necessary for the City of Port Angeles to ensure maximum protection for wetland areas by discouraging development activities in wetlands and those activities at adjacent sites that may adversely affect wetland functions and values; to encourage restoration and enhancement of already degraded wetland systems; and to encourage creation of new wetland areas. B. Purpose. It is the policy of the City of Port Angeles to require site planning to avoid or minimize damage to wetlands wherever possible; to require that activities not dependent upon a wetland location be located at upland sites; and to achieve no net loss of wetlands by requiring restoration or enhancement of degraded wetlands or creation of new wetlands to offset losses which are unavoidable. In addition, it is the intent of the City of Port Angeles that activities in or affecting wetlands not threaten public safety, cause nuisances, or destroy or degrade natural wetland functions and values by: 1. impeding flood flows, reducing flood storage capacity, or impairing natural flood control functions, thereby resulting in increased flood heights, frequencies, or velocities on other lands; 2. increasing water pollution through location of domestic waste disposal systems in wetlands; unauthorized application of pesticides and herbicides; disposal of solid -34- waste at inappropriate sites; creation of unstable fills, or the destruction of wetland soils and vegetation; 3. increasing erosion; 4. decreasing breeding, nesting, and feeding areas for many species of waterfowl and shorebirds, including those rare and endangered; 5. interfering with the exchange of nutrients needed by fish and other forms of wildlife; 6. decreasing habitat for fish and other forms of wildlife; 7. adversely altering the recharge or discharge functions of wetlands, thereby impacting groundwater or surface water supplies; 8. significantly altering wetland hydrology and thereby causing either short - or long-term changes in vegetational composition, soils characteristics, nutrient cycling, or water chemistry; 9. destroying sites needed for education and scientific research, such as outdoor biophysical laboratories, living classrooms, and training areas; 10. interfering with public rights in navigable waters and the recreation opportunities provided by wetlands for fishing, boating, hiking, birdwatching, photography, and other passive uses; or 11. destroying or damaging aesthetic and property values, including significant public viewsheds. The purposes of this Chapter are to protect the public health, safety, and welfare by preventing the adverse environmental impacts of development enumerated in Section 15.24.010, and by: 1, preserving, protecting, and restoring wetlands by regulating development within them and their buffers; 2. protecting the public against losses from: a. unnecessary maintenance and replacement of public facilities, including the dredging of ports and navigation channels; b. publicly funded mitigation of avoidable impacts; c. cost for public emergency rescue and relief operations; and d. potential litigation from improper construction practices authorized for wetland areas; 3. alerting appraisers, assessors, owners, and potential buyers or lessees to the development limitations of wetlands; 4. providing City of Port Angeles officials with information to evaluate, approve, condition, or deny public or private development proposals; 5. adopting the Governor's interim goal of achieving no overall net loss in acreage and functions of Washington's remaining wetland base and the long-term goal of increasing the quantity and quality of Washington's wetland resource base; 6. implementing the goals and policies of the City of Port Angeles Comprehensive Plan encouraging development compatible with the environment of the City, encouraging development to provide open space, encouraging development to preserve and incorporate existing "unusual, unique and interesting natural features", reducing development intensity as natural environmental constraints increase, and avoiding intensive development of sites with severe environmental constraints; -35- 7. implementing the policies of the Growth Management Act; the State Environmental Policy Act, Chapter 43.21 C RCW; the Puget Sound Water Quality Management Plan; Washington State Executive Order 90-04; Port Angeles Environmental Policy Ordinance, Chapter 15.04 of the Port Angeles Municipal Code; Port Angeles Shoreline Management Ordinance, Chapter 15.08 of the Port Angeles Municipal Code; Port Angeles Flood Damage Prevention Ordinance, Chapter 15.12 of the Port Angeles Municipal Code; the Port Angeles Zoning Code; the Port Angeles Stormwater Management Plan; and all other present and future City of Port Angeles functional, environmental, and community plans, programs and ordinances. 15.24.020 - Definitions. In addition to definitions contained in Chapter 15.02, the following definitions shall apply. Where definitions exist in both 15.02 and 15.24.020, the definitions in 15.24.020 shall apply. Foi the purposes of this eizapter, the fbilowing definitions shaii apply. A. "Applicant" means a person who files an application for permit under this I Chapter and who is either the owner of the land on which that proposed activity would be located, a contract vendee, a lessee of the land, the person who would actually control and direct the proposed activity, or the authorized agent of such a person. B. "Best management practices" means conseivation practices Or SyStems 0 i . euntral soil loss and reduce water quafity degradation caused by nattients, mrimai waste, toxics, and sediment, and 2. Minimize adverse impacts to smface wate, mid groundyvatex flow; patterns, mid to ffie > physicai, mid biologicai ciiaracteristics of wet! "Buffer" means an undisturbed area adjacent to a wetland area that is required to permanently remain in an undisturbed and untouched condition to protect or enhance the functions of the wetland area and is considered part of the wetland area. A buffer is different than a setback. C. "Clearing" means the removal of timber, brush, grass, ground cover, or other vegetative matter from a site which exposes the earth's surface on the site or results in the loss of forested areas. ED. "Compensation project" means actions necessary to replace project -induced wetland and wetland buffer losses, including land acquisition, planning, construction plans, monitoring, and contingency actions. DE. "Compensation" or "Compensatory mitigation" means replacing a form of mitigation that replaces project -induced wetland losses or impacts, and includes, but is not limited to, tire- fallowing restoration enhancement substitute resources, creation, and preservation which are defined as follows: chameteristics mid piocesses w1fich have been lost by alterations, activities, or catastiophi event. within an area which no longet Tnects the efinition of a vvefland. bite wheic it did not forincily exist. -36- L 'Restoration" means actions performed to reestablish wetlands or their buffer areas functional and value characteristics and processes which have been lost by alterations activities or catastrophic events within an area; a. Active steps taken to restore damaged wetlands. or their buffers to the functioning condition that existed prior to an alteration: and b. Actions performed to reestablish structural and functional characteristics of wetlands that have been lost by alteration, past management activities, or catastrophic events. 2. "Enhancement" means actions performed to improve the condition of an existinu environmentally sensitive area so that the functions and values provided are of a higher ualit 3. "Substitute Resources" means actions performed to provide for an alternative environmentally sensitive area; or 4. "Creation" means actions performed to intentionally establish or expand an environmentally sensitive area where it did not formerly exist. 5. "Preservation" means actions taken to ensure the permanent protection of existin_ghih quality environmentally sensitive areas. F. "Developable Area" means an area of land outside of wetlands and wetland buffers. G. "Director" means the Director of Community Development or an authorized agent of the Director. arca: JH. "Existing and ongoing agriculture" includes those activities conducted on lands defined in RCW 84.34.030(2), and those activities involved in the production of crops or livestock. For example, the operation and maintenance of farm and stock ponds or drainage ditches; operation and maintenance of ditches; irrigation systems including irrigation laterals, canals, or irrigation drainage ditches; changes between agricultural activities; and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Activities which bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. Forest practices are not included in this definition. fQ. "Extraordinary hardship" means strict application of this £-hapten Title and/or programs adopted to implement this ehzpter Title by the City of Port Angeles would prevent all reasonable economic use of the parcel. E. !neans z re lated vv&Iand with at least 20 percent Hie -37- 1bfJ. "Functions", "beneficial functions", or "functions and values" means the beneficial roles served by wetlands, including, but not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage; conveyance and attenuation; groundwater recharge and discharge; erosion control; wave attenuation; historical and archaeological and aesthetic value protection protection from hazards, and recreation. These beneficial roles are not listed in order or priority. NK. "High intensity land use" includes land uses which are associated with mederate or high levels of human disturbance or substantial wetland habitat impacts including, but not limited to, residential development greater than seven dwelling units per acre, , active recreation, and commercial and industrial land uses. 6L. "High quality wetlands" are those regulated wetlands which meet the following criteria: 1. No, or isolated, human alteration of the wetland topography; 2. No human-caused alteration of the hydrology or else the wetland appears to have recovered from the alteration; 3. Low cover and frequency of exotic plant species; 4. Relatively little human-related disturbance of the native vegetation, or recovery from past disturbance; 5. If the wetland system is degraded, it still contains a viable and high quality example of a native wetland community; and 6. No known major water quality problems. PM. "Hydric Soil" means a soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the Washington State Department o Ecolo WetlandIdentih cation and Delineation Manual. For the purposes ofidentifying wetland critical areas environmentally sensitive areas, hydric soils that qualify as "prime agricultural soils" only through artificial means that will impair the existence ofnatural wetlands (specifically soils that are prime agricultural land only when drained), are considered potential wetlands indicators for the purposes of this Chapter, and are not to be considered agricultural resource lands. ON. "Hydrophytic vegetation" means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the Washington State Department of Ecology Wetland Identification and Delineation Manual. KO. "In-kind compensation" means to replace wetlands with substitute wetlands whose characteristics closely approximate those destroyed or degraded by a regulated activity. It does not mean replacement "in-category". 5P. "Isolated wetlands" means those regulated wetlands which: 1. are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream; and 2. have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water. TO. "Low-intensity land use" includes land uses which are associated with low levels of human disturbance or low wetland habitat impacts, including, but not limited to, residential Sia density of seven or fewer dwelling units per acre, passive recreation, open space, or agricultural or forest management land uses. UR. "Mitigation" means taking measures including inciadesavoiding, minimizing, or compensating for adverse wetland impacts. Mitigation, in the following order of preference, is: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; 3. Rectifying the impact by repairing, rehabilitating or restoring the affected environment; 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; 5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; 6. Monitoring the impact and the compensation project and taking appropriate corrective measures. Mitigation for individual actions may include a combination of the above measures. N1. ,�qativc Vegetation" memis plant sp ics which are indigenous to the area -mi S. Non Compensatory Enhancement: Non -compensatory enhancements are those wetland enhancement projects which are conducted solely to increase the functions and values of an existing wetland and which are not required to be conducted pursuant to the requirements of Section 15.24.070(H)(6). WT. "Off-site compensation" means to replace wetlands away from the site on which a wetland has been impacted by a regulated activity. HU. "On-site compensation" means to replace wetlands at or adjacent to the site on which a wetland has been impacted by a regulated activity. YV. "Out -of -kind compensation" means to replace wetlands with substitute wetlands whose characteristics do not closely approximate those destroyed or degraded by a regulated activity. It does not refer to replacement "out -of -category". ZW. "Practicable alternative" means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to regulated wetlands. It may include an area not owned by the applicant which could reasonably have been or be obtained, utilized, expanded, or managed in order to fulfill the basic purposes of the proposed activity. Sound un -2 -VIS antit salt waters of 'L11C Sta-v�,of Washington inside ULWL;L;11 U1. VV_,Jb11111rLVJt1 cuid the Province of Brit international batindary film-_+- twe— flie State -' "" $BX. 'Regulated activities" means any of the following activities which are directly undertaken or originate in a regulated wetland or its buffer: 1. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind; 2. The dumping, discharging, or filling with any material; 3. The draining, flooding, or disturbing of the water level or water table; -39- 4. The driving of pilings; 5. The placing of obstructions; 6. The construction, reconstruction, demolition, or expansion of any structure; 7. The destruction or alteration of wetlands vegetation through clearing, harvesting, shading, intentional burning, or planting of vegetation that would alter the character of a regulated wetland; provided that these activities are not part of a forest practice governed under Chapter 76.09 RCW and its rules; or 8. Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of wetlands water sources, including quantity, or the introduction of pollutants. EKY. "Regulated wetlands" means ponds twenty acres or less, including their submerged aquatic beds, and those lands defined as wetlands under the Federal Clean Water Act, 33 USC Sec. 1251 et sem., and rules promulgated pursuant thereto and shall be those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Regulated wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands created as mitigation and wetlands modified for approved land use activities shall be considered as regulated wetlands. Category I, II, III and IV wetlands are defined in Section 15.24.040D, Wetlands Rating System. All Category I wetlands shall be considered regulated wetlands. Regulated wetlands do not include Category II and III wetlands less than 2,500 square feet and Category IV wetlands less than 10,000 square feet. Regulated wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. The applicant shall bear the burden of proving that the site was not previously a wetland. For identifying and delineating a regulated wetland, local government shall consider the latest version of th Wetlands" Washington State Department of Ecology Wetland Identification and Delineation Manual. DDZ. "Repair or maintenance" means an activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter additional regulated wetlands are not included in this definition. EE. "Scrub-sfnmb wetland" means a iegulated wetland with at least 30 percent 0 surfke area covemd by woody vegetation fess than 20 feet in height as the uppermost stiatmit. FFAA."Serviceable" means presently usable. 1&6BB."Unavoidable and necessary impacts" are impacts to regulated wetlands that remain after a -person an applicant proposing to alter regulated wetlands has demonstrated that no additional mitigation measures are practicable . fiff. "Water -dependent" meai . . — die use of surfke water that would essential to fulfill the parpose of the proposed ploject. HCC. "Wetlands", for the purposes of inventory, incentives, and nonregulatory programs, means those lands transitional between terrestrial and aquatic systems where the -40- water table is usually at or near the surface or the land is covered by shallow water. For the purposes of this definition, wetlands must have one or more of the following attributes: 1. At least periodically, the land supports predominantly hydrophytes; 2. The substrate is predominantly undrained hydric soil; and 3. The substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of each year. HDD. "Wetland buffers" or "wetland buffer zones" is an area that surrounds and protects a wetland from adverse impacts to the functions and values of a regulated wetland. IME—E. "Wetland classes", "classes of wetlands", or "wetland types" means descriptive classes ofthe wetlands taxonomic classification system ofthe ydnited State. Fish an Wildlife Se. vice , Washington State Department of Ecology Wetland Identification and Delineation Manual. Wetlands include the following classes or types: I . "Emergent wetland" means a reUlated wetland with at least 30 percent of the surface area covered by erect rooted herbaceous vegetation as the uppermost vegetative strata. 2. "Forested wetland" means a regulated wetland with at least 20 percent of the surface area covered by woody_ vegetation greater than 20 feet in height. 3. "Scrub shrub wetland" means a regulated wetland with at least 30 percent of its surface area covered by woody vegetation less than 20 feet in bei lit as the uppermost stratum. A. "Estuarine wetland" means a regulated wetland that consist of or are adjacent to tidal habitats and are usually semi -enclosed by land but often have open, partly obstructed or sporadic access to saltwater and in which saltwater is at least occasionally diluted by freshwater runoff from the land Estuarine systems includes both estuaries and lagoons. 1:f�1717. Wetlands permit" means any permit issued, conditioned, or denied specifically to implement this Chapter. MM9G. "Wetland edge" means the boundary of a wetland as delineated based on the definitions contained in this Chapter. 15.24.030 - General Provisions. A. Abrogation and Greater Restrictions. It is not intended that this Chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this Chapter imposes greater restrictions, the provisions of this Chapter shall prevail. B. Inter2retation. The provisions of this Chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this Chapter. 15 24 040 - Lands to Which this Chapter Applies. A. Applicability. 1. When any provision of any other Chapter of the Port Angeles Municipal Code conflicts with this Chapter, that which provides more protection to wetlands and wetland buffers shall apply unless specifically provided otherwise in this Chapter. 2. The Planning Director is authorized to adopt written procedures for the purpose of carrying out the provisions of this Chapter. Prior to fulfilling the requirements of this Chapter, the City of Port Angeles shall not grant any approval or permission to conduct a -41- regulated activity in a wetland or wetland buffer, including but not limited to the following: building permit, commercial or residential; binding site plan; conditional use permit; franchise right-of-way construction permit; grading and clearing permit; master plan development; planned unit development; right-of-way permit; shoreline substantial development permit; shoreline variance; shoreline conditional use permit; shoreline environmental redesignation; unclassified use permit; variance; zone reclassification; subdivision; short subdivision; special use permit; utility and other use permit; or any subsequently adopted permit or required approval not expressly exempted by this Chapter. B. Maps and Inventory. This Chapter shall apply to all lots or parcels on which wetlands and/or wetland buffers are located within the jurisdiction of the City of Port Angeles. The approximate location and extent of wetlands in the City of Port Angeles is displayed on the following maps: 1. Wetlands identified on U. S. Fish and Wildlife Service National Wetlands Inventory Angeles Point, Ediz Hook, Elwha, Morse Creek, and Port Angeles maps. 2. Hydric soils and "wet spots" identified by the USDA Soils Conservation I Service Soil Survey of Clallam Coun , Area maps numbers 22, 31, 32, 33. 3. City of Port Angeles Composite Wetland Inventory and Hydric Soils map, as may be modified from time to time. These map resources are to be used as a guide to the general location and extent of wetlands. Wetlands not shown on these maps but meeting the criteria set forth in this Chapter are presumed to exist in the City of Port Angeles and are protected under all the provisions of this Chapter. In the event that any of the wetland designations shown on the maps conflict with the criteria set forth in this Chapter, the criteria shall control. C. Determination of Regulatory Wetland Boundary. The exact location of the wetland boundary shall be determined through the performance of a field investigation applying the wetland definition provided in Section 15.24.020 ofthis Chapter. Qualified professional and technical scientists shall perform wetland delineations using the latest version of the "Federal "Washington State Wetlands Identification and Delineation Manual". Publication #96-94 Washington Department of Ecology 1997. An applicant for a wetland permit is required under Subsection 15.24.060C3 to show the location of the wetland boundary on a scaled drawing as a part of the permit application. The PlarmingDirector of Community Development shall decide whether the scientists who perform the delineation of boundary requirement are retained by the applicant or by the City with the applicant paying the City for the costs in accordance with the provisions of Section 15.24.060C4 of this Chapter. Where the delineation is performed under the Panning Director's of Community Development's direction, such delineation shall be considered a final determination. Where the applicant has provided a delineation of the wetland boundary, the Panning Director of Community Development shall verify the accuracy of, and may render adjustments to, the boundary delineation. In the event the adjusted boundary delineation is contested by the applicant, the Dimming Director of Community Development shall, at the applicant's expense, obtain expert services to render a final delineation. D. Wetlands Rating _S s� tem. The following Washington State rating system is hereby adopted as the rating system for the City of Port Angeles. Wetlands buffer widths, replacement ratios, and avoidance criteria shall be based on these rating systems. -42- 1. Washington State Four -Tier Wetlands Rating System. a. Category I Criteria i. Documented habitat for endangered or threatened fish or animal species or for potentially extirpated plant species recognized by State or Federal agencies; or ii. High quality native wetland communities, including documented Category I or II quality Natural Heritage wetland sites and sites which qualify as a Category I or II quality National Heritage wetland; or iii. High quality, regionally rare wetland communities with irreplaceable ecological functions, including sphagnum bogs and fens, estuarine wetlands, or mature forested swamps; or iv. Wetlands of exceptional local significance. The criteria for such a designation shall be developed and adopted by the local jurisdiction under appropriate public review and administrative appeal procedures. The criteria may include, but not be limited to, rarity, groundwater recharge areas, significant habitats, unique educational sites, or other specific functional values within a watershed or other regional boundary. b. Category II Criteria i. Regulated wetlands that do not contain features outlined in Category I; and ii. Documented habitats for sensitive plant, fish, or animal species recognized by Federal or State agencies; or iii. Rare wetland communities listed in Subsection 15.24.040D 1 aiii which are not high quality; or iv. Wetland types with significant functions which may not be adequately replicated through creation or restoration. v. Regulated wetlands with significant habitat value based on diversity and size. vi. Regulated wetlands contiguous with salmonid fish -bearing waters, including streams where flow is intermittent; or vii. Regulated wetlands with significant use by fish and wildlife. viii. _Wetlands that cmal species listed as priority species by the Department of Fish and Wildlife. c. Category III Criteria i. Regulated wetlands that do not contain features outlined in Category I, II, or IV. d. Category IV Criteria i. Regulated wetlands which do not meet the criteria of a Category I or II wetland; and ii. Isolated wetlands which are less than or equal to one (D acre in size; and have only one wetland class; and have only one dominant plant species (monotypic vegetation); or iii. Isolated wetlands which are less than or equal to two LQ acres in size, and have only one wetland class and a predominance of exotic species. 2. Wetland rating categories shall be applied as the regulated wetland exists on the date of adoption of the rating system by the local government; as the regulated wetland may naturally change thereafter; or as the regulated wetland may change in accordance with -43- permitted activities. Wetland rating categories shall not be altered to recognize illegal modifications. 3. The City of Port Angeles shall apply the latest version of the Washington State Department of Ecology "Washington State Wetlands Rating System for Rating the Resource Value of Regulated Wetlands" and "Field Methodology" as its procedures for the wetland rating system. 4. The City of PortAngeles will initially rate wetlands based on information derived from available maps, reports, and similar materials. Wetlands may be reclassified into another category at a subsequent date should field surveys or other new materials warrant such action. 15.24.045 Wetland Functional Assessment Wetlands functional assessment section is intended to assist in establishing a values based system for reviewing and qpproving wetland permit requests and mitigation plans. The wording will bring the Port Angeles method of wetland protection into closer consistency with the Clallam County method of evaluations. Wetlands provide valuable functions in providing and/or facilitatinghigh quality habitat for plant and animal species. Some of these plants and animals have been classified as endangered, threatened or monitored species either by the federal government or by the State of Washington Most of the wetlands in Port Angeles do not provide primary habitat for these plants or animals; however, all wetland functions facilitate a quality environment in areas that do provide primary habitat Water that enters streams, lakes, marine environments or groundwater eventually impacts habitat. Wetlands function to cleanse and cool those waters, as well as moderate the rate of flow into larger bodies of water. The functions of wetlands are discussed in more detail in following section. Wetlands shall be classified based on hydrology types specified in Table 1 and assessed on hydrologic functions as specified in Table 2. Wetland functions are also assessed through the Class I - Class IV as characterized in Section 15.24.040. Table 1 Classification of Wetland Hydrology Types Hydrology Landscape Position Water Water Output* Type Source** Type 1 Shallow soils formed on glacial till on hillsides Perched Discharges to stream Type 2 Moderately deep soils found in basins and Perched Initiates streams drainage ways formed in depressions in glacial drift on hills Type 3 Very deep soils occurring on basins on low Perched Enclosed basin terraces formed in alluvium (i.e., stream deposited materials) Type 4 Wetlands found in depressions associated with Unconfined Unconfined aquifer coarse material over glacial till aquifer -44- Type 5 Very deep soils on level terraces and in valleys, Unconfined Initiates or formed in organic material aquifer supplements streamflow Type 6 Very deep soils on low level tereaces and Unconfined Lower reaches of floodplains formed in alluvium near marine aquifer, tidally streams and marine shorelines influenced waters Type 7 wetlands formed along the margin of surficial Perched or Unconfined aquifer geological units that have a restrictive layer unconfined (i.e., glacial till), where they come into contact aquifer with unrestricted coarse units Type 8 Wetlands formed within the floodplain of Stream Wetland discharges to streams discharges to stream wetland Type 9 Wetlands (e.g., bogs) located in depressions Precipitation Evapotranspiration where water tables are at or near the surface normally year-round Type 10 Floodplains underlain by glacial till Perched Discharges to stream Type 11 Wetlands associated with lakes Lake Lake Type 12 Wetlands located along marine shorelines Marine, tidally Marine and behind coastal dunes, other land forms or influenced evapotranspiration structures *Refers to the factors that control the sources(s) of water to a wetland and where the water goes after leaving the wetland. **Refers to natural wetland hydrology (i.e., does not include hydrologic modifications.) 1 Wetland Hydrologic Functions shall be classified by the effect that classified wetland hydrology types have on the overall flow and quality of water in the watershed in comparison to nonwetland areas For the purposes of this chapter, wetland hydrologic functions are defined as follows. a Floodflow desynchronization Ability of a wetland to retain/detain floodwaters in the Wiper watershed reducinithe severity of flooding and increasing the time of concentration above that which occurs in adjacent pslope areas. b_ Surface water treatment This wetland function is significant but not in the context that wetlands act as the major source of surface water flow. Although some wetlands do provide a significant amount of surface water to streams and rivers cts the impaare significant due to the fact that wetlands in contact with surface water flows are capable of treating water q altty prior to its entry into the surface water body. i Nutrient removal/transformation opportunity. Ability of a wetland to retain or transform inorganic phosphorus and/or nitrogen into their organic forms or transform nitrogen into its gaseous form on either a net annual basis or during the growing season. ii Sediment/toxicant/bacterial retention Ability of a wetland to retain suspended solids and chemical contaminants such s pesticides pathogens and heave metals absorbed by them, on a net annual basis. -45- iii.Seawater Intrusion Prevention. Those wetlands which are the boundary between the unconfined aquifer and the marine environment. Loss of water supply or drainage of wetlands will likely increase seawater intrusion into estuarine wetlands. iv.Streamflow/channel maintenance. Wetlands that due to detention or groundwater discharge supply a significant proportion of streamflow during summer and fall. These areas regulate the amount and timingof stream energy and therefore are crucial to definingthe shape of stream channels since they largely determine the shape of the hydrogrraph. v.Temperature maintenance. Those wetlands that provide thermal refuges during winter and summer months, due to influence from springs or contact with the unconfined aquifer. During summer months wetlands with this function are important as fish habitat for salmonids-, during winter months, these wetlands provide waterfowl habitat by maintaining ice - free conditions. vi.Water availability. The ability of a wetland through hydrologic continuity to provide surface water for mi rg atony and resident species based on the timing, duration, and depth of surface water availability. I c.Groundwater recharge. This wetland function is significant but not in the context that wetlands act as the major locations of ground water rechargequifers. Although some wetlands do provide a significant amount of ground water recharge, ground water recharge is significant due to the fact that wetlands in contact with the aquifer are most susceptible to carrying pollutants to the aquifer. Conversely, if managed properly, such wetlands could assist in the treatment of pollutants already carried in the aquifer. i.Nutrient removal/transfonnation opportunity. Ability of a wetland to retain or transform inorganic phosphorus and/or nitrogen into their organic forms, or transform nitrogen into its gaseous form on either a net annual basis, or during the growing season. ii.Sediment/toxicant/bacterial retention. Ability of a wetland to retain suspended solids and chemical contaminants such s pesticides, pathogens, and heavy metals absorbed to them, on a net annual basis. iii. Seawater Intrusion Prevention. Those wetlands which are the boundary between the unconfined aquifer and the marine environment. Loss of water supply or drainage of wetlands will likely increase seawater intrusion to unconfined aquifers supplying drinking to coastal inhabitants. The City of Port Angeles has no unconfined aquifers that supply drinking water to coastal inhabitants. iv.Streamflow/channel maintenance. Wetlands that due to detention or groundwater discharge supply a significant proportion of streamflow during summer and fall. These areas regulate the amount and timing of stream energy and therefore are crucial to defining the shape of stream channels since they largely determine the shape of the hydrograph. v.Temperature maintenance. Those wetlands that provide thermal refuges during winter and summer months, due to influence from springs or contact with the unconfined aquifer. During summer months wetlands with this function are important as fish habitat for salmonids,• during winter months, these_ wetlands provide waterfowl habitat by maintaining ice - free conditions. vi.Water availability. The ability of a wetland through hydrologic continuity to provide surface water for mi rg atony and resident species based on the timing, duration, and depth of surface water availability. 2.Drinking-water. Ability of a wetland to recharge, maintain, and/or enhance surface or ground water resources that yield potable water in sufficient quantities to be economically useful. -46- Provision of potable water in sufficient quantities to be economically useful is a low priority wits. Table 2 Assessment of Wetland Hydrologic Functions 3.Wetland Habitat Functions. Wetland ]an dsca e functions shall be characterized and assessed based on existing.wetland and adjacent upland conditions landscape position documented s ecies use and existin mana ement /modifications pursuant to the criteria in subsections 2a throu zh 2i of this section as they relate to the subject property or within the jurisdiction of this cha ter as it a lies to re lated wetlands. Based on these criteria habitat functions shall be further classified into one of four wetland classes ass ecified in Section 15.24.044D with Class I being the most functional and Class IV being the least functional. -47- Wetland Hydrology Types Hydrologic Function 1 2 3 4 5 1 6 7 8 9 10 11 12 Flood storage L L L L L L L H L L H - Floodflow desynchronization L H L L H L L H - H H - Streamflow and channel maintenance L H N L* H H N H N L H N Ground water recharge N i N L H N L H H H Temperature maintenance L H L H H H N L H L L - Sediment/bacterial removal L H H L H L L H H H H N Nutrient removal L H L H H H H H H H H H Toxicant removal opportunity L H L H H H H H H H! H H Seawater intrusion prevention N N N N N* H N N L N N N Drinking water Water availability for fish L H H H L L H L H H H H H H H H L H N Water availability for amphibians H H H H H H H H H H H H Water availability forL migratory waterfowl H H H H H L H H H I H I! H Water availability for other wildlife L H H H H H L H H H H L h = High functional value L = performs this function to a limited degree N = Does not perform function * = High value if associated with wetland hydrology 3.Wetland Habitat Functions. Wetland ]an dsca e functions shall be characterized and assessed based on existing.wetland and adjacent upland conditions landscape position documented s ecies use and existin mana ement /modifications pursuant to the criteria in subsections 2a throu zh 2i of this section as they relate to the subject property or within the jurisdiction of this cha ter as it a lies to re lated wetlands. Based on these criteria habitat functions shall be further classified into one of four wetland classes ass ecified in Section 15.24.044D with Class I being the most functional and Class IV being the least functional. -47- a Habitat type Classify and delineate wetland habitat types based on the U. S. Fish an Wildlife Service Classification of Wetlands and Deepwater Habitats Dated 1979, as now or hereafter amended Identify the dominant vegetation communities associated with each classified wetland habitat type. b Habitat diversity. Calculate both the total number of wetland habitat types and the different wetland habitat types identified in subsection 2a of this section for each wetland. c Habitat size Calculate the total wetland acreage and acreage of each individual habitat type identified in subsection 2a of this section for each wetland. d Upland habitat type Classify and delineate all lands into one or more of the following land cover categories: developed lands,• agriculture,• non-native plant species; water; native upland grasses: native forests less than twenty feet in height native forest greater that twenty feet in height: and mature conifers. e Significant habitat features Identify and delineate the presence of significant habitat features including but not limited to: estuaries snags islands rare or unique plant communities, mature conifers Class I wildlife habitat conservation areas and/or wetlands classified as exhibition a high functional value ofwater availability for migratory waterfowl or other wildlife species. f Species use Identify and delineate all known priority habitats for species listed as species of concern or priority species. g.Anadromous fish use Identify wetlands contiguous to Type 1 - 23 aquatic habitat conservation areas or other waters containing anadromous fisheries recognized by local or state public agencies. h Significant wildlife movement corridor. Identify whether one or more of the following areas is located within: i Land and water areas designated as shorelines in the Shoreline Management Act of 1971 and the City of Port Angeles Shoreline master Program; ii Lands designated as significant wildlife movement corridors, open space and _greenbelt corridors; iii Federal state and local parks,wildlife refuges, an dothertirotectednatural areas; iv Easements or other dedicated lands granted to the City of Port Angeles or other organizations devoted to protection and management of critical areas open spaces, or wildlife habitat. i Management and modification Identify_existing management and alteration s of wetlands and the impact of such actions on the above classification. Wetlands management activities include but are not limited to: forestry, livestock grazing, agriculture, commercial recreation (e.g., golf courses), residential (e.g., lawns), public lands (e.g., parks natural areas), and/or land not managed for any other use Wetland alterations include, but are not limited to: flooding impounding of water, excavation filling grading draining, or discharge from irrigation or drainage facilities. 15 24 050 - Regulated Activities and Allowed Activities. A. Regulated Activities. A permit shall be obtained from local government prior to undertaking the following activities in a regulated wetland or its buffer, unless authorized by Subsection B below: 1. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind; M,1.1 a 2. The dumping, discharging, or filling with any material; 3. The draining, flooding, or disturbing of the water level or water table. 4. The driving of pilings; 5. The placing of obstructions; 6. The construction, reconstruction, demolition, or expansion of any structure; 7. The destruction or alteration of wetlands vegetation through clearing, harvesting, shading, intentional burning, or planting of vegetation that would alter the character of a regulated wetland, provided that these activities are not part of a forest practice governed under Chapter 76.09 RCW and its rules; or 8. Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of wetlands water sources, including quantity, or the introduction ofpollutants. Stormwater di schar es from stormwater facilities or structures ma be allowed when tbgy are in accordance with City of Port Angeles' stormwater plan. The dischar e shall not significantly increase or decrease the rate of flow and/or h dro eriod nor decrease the water quality of the wetland Pre-treatment of surface water discharge through biofiltration or other best management practices (BMPsI shall be required. 9. Road/street re air and construction. Any.private or public road or street repair maintenance expansion or construction may be permitted, subject to the following standards: a. No other reasonable or 12Mcticable alternative exists and the road or street crossing serves multiple properties whenever possible; b. Publicly owned or mamtamed road or street crossings should provide for other purposes such as utility crossings pedestrian or bicycle easements viewing_points. etc; and c. The road or street repair and construction are the minimum necessary to provide safe roads and streets. d. Mitigation shall beerformed in accordance with specific project mitigationplan requirements. 10. Land Divisions and Land Use Permits. All proposed divisions of land and land uses (including but not limited to the following short plats subdivisions, planned residential developments binding site plans conditional use permits) which include regulated_ wetlands shall comply with the following procedures and development standards. a. Regulated wetlands except the area with permanent open water, and wetland buffers may be included in the calculation of minimum lot area for proposed lots Provided that other standards including subdivision (c) below are met. b Land division approvals shall be conditioned to require that regulated wetlands and re lated wetland buffers be dedicated as open sace tracts or as an easement or covenant encumberin the wetland and wetland buffer. Such dedication easement or covenant shall be recorded together with the land division and represented on the final plat short plat or binding site2lan and title. c. In order to implement the goals and policies of this title, to accommodate innovation creativity, and design flLxibilityand to achieve a level of environmental rotection that would not be ossible b -al lot -by -lot develo in the use of the clustered develoRment or similar innovative site planning is strongly encouraged for projects with regulated wetlands on the site. -49- d. Afterpreliminary approval and priorto final land division approval, the department may require that the common boundary between a regulated wetland or associated buffer and the adjacent land be identified using permanent signs and/or fencing. In lieu of signs and/or fencing alternative methods of wetland and buffer identification may be approved when such methods are determined by the department to provide adequate protection to the wetland and buffer. 11. Trails and trail -related facilities. Construction ofpublic and private trails and trail -related facilities such as benches and viewing_ platforms may be allowed in wetlands or wetland buffers pursuant to the following guidelines: a. trails and related facilities shall, to the extent feasible, be placed on existing road grades utility corridors or any other previously disturbed areas. b. Trails and related facilities shall be planned to minimize removal of trees soil disturbance and existing h ry dological characteristics, shrubs, snags and important wildlife habitat. C. Viewing platforms and benches and access to them, shall be designed and locate to minimize disturbance of wildlife habitat and/or critical characteristics of the affected wetland. d. Trails and related facilities shalleg_nerally be located outside required buffers Where trails are permitted within buffers they shall be located in the outer portion of the buffer and a minimum of thirty feet from the wetland edge, except where wetland crossings or viewing areas have been approved. e. Trails shall generally be limited to pedestrian use unless other more intensive uses such as dike or horse trails have been specifically allowed and mitigation has been provided Trail width shall not exceed five feet unless there is a demonstrated need, subject to review and approval by the department. Trails shall be constructed with pervious materials unless otherwise approved be the department. 12. Parks Development ofpublic park and recreation facilities maybe permitted provided that the following standards are followed: No alteration of wetlands or wetland buffers is allowed except for such uses which are allowed below. For example enhancement of wetlands and development oftrails may be allowed in wetlands and wetland buffers subject to special use requirements and approval of a wetland mitigation plan. B. Allowed Activities. The following uses shall be allowed within a wetland or wetland buffer to the extent that they are not prohibited by any other ordinance or law and provided they are conducted using best management practices, except where such activities result in the conversion of a regulated wetland or wetland buffer to a use to which it was not previously subjected, and provided further that forest practices and conversions shall be governed by Chapter 76.09 RCW and its rules: 1. Conservation or preservation of soil, water vegetation, fish, shellfish, and other wildlife that does not include changing the structure or functions of the existing wetland; 2. Outdoor recreational activities, including but not limited to fishing, birdwatching, hiking, boating, horseback riding, swimming, canoeing, and bicycling; 3. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, or alteration of the wetland by changing existing topography, water conditions, or water sources; -50- 4. Existing and ongoing agricultural activities, including farming, horticulture, aquaculture, irrigation, ranching or grazing of animals. Activities on areas lying fallow as part of a conventional rotational cycle are part of an ongoing operation. Activities which bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it was conducted has been converted to another use or has laid idle so long that modifications to the hydrological regime are necessary to resume operations; 5. The maintenance (but not construction) of drainage ditches; 6. Education, scientific research, and use of nature trails; 7. Navigation aids and boundary markers; 8. Boat mooring buoys; 9. Site investigative work necessary for land use application submittals, such as surveys, soil logs, percolation tests, and other related activities. In every case, wetland impacts shall be minimized and disturbed areas shall be immediately restored; and 10. The following uses are allowed within wetlands and/or wetland buffers provided that written notice at least ten days prior to the commencement of such work has been given to the Planning Director, and provided that wetland impacts are minimized and that disturbed areas are immediately restored: a. Normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Maintenance and repair does not include any modification that changes the character, scope, or size of the original structure, facility, or improved area and does not include the construction of a maintenance road; and b. Minor modification of existing serviceable structures within a buffer zone where modification does not adversely impact wetland functions. C. Special Permit Uses. Any activity other than those specified in Subsection B may not be conducted in wetlands or wetland buffers except upon issuance of a Wetland Permit by the Planning Director. 15.24.060 - Procedures for Wetland Permits. A. Permit Requirements, Compliance. Except as specifically provided in Section 15.24.050B, no regulated activity shall occur or be permitted to occur within a regulated wetland or wetland buffer without a written permit from the Planning Director. Any alteration approved by such written permit shall comply fully with the requirements and purposes of this Chapter, other applicable regulations, and any terms or conditions of said permit. All activities which are not allowed or permitted shall be prohibited. B. Wetland Permits, Extensions. Application for a Wetland Permit to conduct any regulated activity not specifically authorized by Section 15.24.050B within a wetland or wetland buffer shall be made to the Planning Director on forms furnished by his/her office. Permits shall normally be valid for a period of three years from the date of issue and shall expire at the end of that time, unless a longer or shorter period is specified by the Planning Director upon issuance of the permit. An extension of an original permit may be granted upon written request to the Planning Director by the original permit holder or the successor in title. Prior to the granting of an extension, the Planning Director shall require updated studies and/or additional hearings if, in his/her judgment, the original intent of the permit is altered or enlarged by the renewal; if the circumstances relevant to the review and issuance of the original permit have changed substantially; or if the applicant failed to abide by the terms of the original permit. -51- C. Permit Applications. 1. Request for determination of applicability: Any person seeking to determine whether a proposed activity or an area is subject to this Chapter may request in writing a determination from the Planning Director. Such a request for determination shall contain plans, data, and other information as may be specified by the Planning Director. 2. Pre-Permit Consultations: Any person intending to apply for a Wetland Permit is strongly encouraged, but not required, to meet with the Planning Director during the earliest possible stages of project planning in order to discuss wetland impact avoidance and minimization and to discuss compensation, before large commitments have been made to a particular project design. Effort put into pre-application consultations and planning will help applicants create projects which will be more quickly and easily processed. 3. Information Requirements - Wetlands: Unless the Planning Director waives one or more of the following information requirements, applications for a Wetland Permit under this Chapter shall include a Wetland Report containing the following information: a. A desciiption mid inaps overlaid on an acriai photograph at a scale no Ismailer thmi F-200', shovving tile entire parcel of land owned by the appliemit and the exac , b. A dc.cription of Hie vegetative cover of the metimid mid adjacent area; %I. Asite plan fbr the proposed activity overlaid on an aerial photograph at a scaie no sinalfer than f "-266', shovying the iocation, width, dcpth, mid length of ail existing mid proposed structures, roads, sewage disposal mid treatment, and instalfations within the vv etimid and its buffet , d. �Hie exact sites and specifications fbr ail regulated activities, incinding the aniounts and methods; C. Elevations of the site mid adjacent fands vvithin the vvefland and f Top view mid typicai cross-section-views, of flie wetland mid its b to scale; g. �flie purposes of die project and mi cxpfmiation why the propos activity catmot be located at othcr siten., including an explanation of how the proposed activit is dependent upon wetimids or water-iclated resources as desctibed in Section f 5.24.070D Off h. Specific memis to mitigate wry potential ad-v nental impacts of the appli,mit's pioposaf. A. Prepared by qualified professional. A wetland report shall be prepared by a qualified professional who is a wetland biologist, with experience preparing wetland resorts. b. Area addressed in wetland report. The following areas shall be addressed in a wetland report. i. The project area of the proposed activity: ii. All wetlands and recommended buffers within three hundred (300) feet of the project area. iii. All shoreline areas, water features, flood plains, and other environmentally sensitive areasand related buffers within three hundred (300) feet. -52- c. Wetland analysis In addition to the minimum required contents of environmentally sensitive areareports awetland report shall contain an analysis ofthe wetlands including the following site- and proposal -related information at a minimum. i. A written assessment and accompanying maps of the wetlands and buffers within three hundred (300) feet of the project area including the following information at a minimum: LD Wetland delineation and required buffers; Existing wetland acreage: Wetland category: vegetative faunal and hydrologic characteristics; Soil and substrate conditions, and Topo rg_aphic elevations at two -foot contours. ii. A discussion ofineasures including avoidance minimization, and mitigat^ ion proposed to preserve existing wetlands and restore any wetlands that were degraded prior to the current proposed land use activity. iii. Proposed mitigation if needed including a written assessment and accompanying_ maps of the mitigation area including the following information at a minimum: Existing and proposed wetland acreage; Vegetative faunal and hydrologic conditions; Relationship within watershed and to existing waterbodies; Soil and substrate conditions topographic elevations; Existing and proposed adjacent site conditions Required wetland buffers; and Q Proj2erty ownership iv. A discussion of ongoing management practices that will protect wetlands after the project site has been developed including proposed momtormg and maintenance programs The Planning Director may require additional information, including but not limited to, an assessment of wetland functional characteristics, including a discussion of the methodology used; documentation of the ecological, aesthetic, economic, or other values of the wetland; a study of flood, erosion, or other hazards at the site and the effect of any protective measures that might be taken to reduce such hazards; and any other information deemed necessary to verify compliance with the provisions of this Chapter or to evaluate the proposed use in terms of the purposes of this Chapter. The Planning Director shall maintain and make available to the public, all information applicable to any wetland and its buffer. 4. Filing Fees: At the time of an application or request for delineation, the applicant shall pay a filing fee as determined by the Planning Director. Sufficient fees shall be charged to the applicant to cover the costs of evaluation of the application or request for delineation. These fees may be used by the Planning Director to retain expert consultants to provide services pertaining to wetland boundary determinations, functional assessments, and evaluation ofmitigation measures. As deemed necessary by the Planning Director, the Planning Director may assess additional reasonable fees as needed to monitor and evaluate permit compliance and mitigation measures. -53- 5. Notification: Upon receipt of the completed permit application, the Planning Director shall notify the individuals and agencies, including Federal and State agencies, having jurisdiction over or an interest in the matter, to provide such individuals and agencies an opportunity to comment. The Planning Director shall establish a mailing list of all interested persons and agencies who wish to be notified of such application. 6. Notice on Title: a. The owner of any property with field verified presence of wetland or wetland buffer pursuant to Subsection 15.24.040C, on which a development proposal is submitted shall file for record with the Clallam County Auditor a notice approved by the Planning Director in a form substantially as set forth in Subsection b. below. Such notice shall provide notice in the public record of the presence of a wetland or wetland buffer, the application of this Chapter to the property, and that limitations on actions in or affecting such wetlands and their buffers may exist. The applicant shall submit proof that the notice has been filed for record I before the City of Port Angeles shall approve any development proposal for such site. The notice shall run with the land and failure to provide such notice to any purchaser prior to transferring any interest in the property shall be in violation of this Chapter. b. Form of Notice: WETLAND AND/OR WETLAND BUFFER NOTICE Legal Description: Present Owner: NOTICE: This property contains wetlands or their buffers as defined by City of Port Angeles Ordinance. The property was the subject of a development proposal for (type of permit) application # filed on (date) . Restrictions on use or alteration of the wetlands or their buffers may exist due to natural conditions of the property and resulting regulations. Review of such application has provided information on the location of wetlands or wetland buffers and restrictions on their use through setback areas. A copy of the plan showing such setback areas is attached hereto. (Signature of owner) STATE OF WASHINGTON) ) SS: COUNTY OF CLALLAM ) On this day personally appeared before me to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein stated. Mim Given under my hand and official seal this day of --920 NOTARY PUBLIC in and for the State of Washington, residing at D. Permit Processine. 1. Consolidation: The Planning Director shall, to the extent practicable and feasible, consolidate the processing of wetlands -related aspects of other City of Port Angeles regulatory programs which affect activities in wetlands, such as subdivision, clearing and grading, floodplain, and environmentally sensitive areas, with the Wetland Permit process established herein so as to provide a timely and coordinated permit process. 2. Completeness of Application: No later than 28 working days after receipt of the permit application, the Planning Director shall notify the applicant as to the completeness of the application. An application shall not be deemed complete until and unless all information necessary to evaluate the proposed activity, its impacts, and its compliance with the provisions of this Chapter have been provided to the satisfaction of the Planning Director. Such determination of completeness shall not be construed as an approval or denial of the permit application. 3. Permit Action: a. Upon receipt of a complete application for a permit authorizing activities on a Category I wetland or its buffer, the City of Port Angeles shall submit the application to the Washington State Department of Ecology for its review and comment. When such permits applications are submitted, the Washington State Department of Ecology should submit its comments or should request an extension of the review period within 30 days. Extensions may be up to 30 days in length. When submitted, no permit shall be issued under this Subsection prior to receipt of such comments or the expiration of the time period or any extension. b. The Planning Director shall approve, approve with conditions, or deny a permit application based on compliance with the standards and requirements of this Chapter. The Planning Director's decision shall include written findings. 15.24.070 - Standards for Permit Decisions. A. A permit shall only be granted if the permit, as conditioned, is consistent with the provisions of this Chapter. Additionally, permits shall only be granted if - 1 . f:1. A proposed action avoids adverse impacts to regulated wetlands, its functions, or their buffers or takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; 2. The proposed activity results in no net loss of wetland area and function; or 3. Denial of a permit would cause an extraordinary hardship on the applicant. B. Wetlands permits shall not be effective and no activity thereunder shall be allowed during the time provided to file a permit appeal. C. Wetland Buffers: -55- 1. Standard Buffer Zone Widths: Wetland buffer zones shall be required for all regulated activities adjacent to regulated wetlands. Any wetland created, restored, or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored, or enhanced wetland. All buffers shall be measured from the wetland boundary as surveyed in the field, pursuant to the applicable definitions in 15.24.020. The width of the wetland buffer zone shall be determined according to wetland category and the intensity of the proposed land use, as follows: a. Category I High intensity 300 feet Low intensity 200 feet b. Category II High intensity 200 feet Low intensity 100 feet C. Category III High intensity 100 feet I Low intensity 50 feet d. Category IV High intensity 50 feet Low intensity 25 feet 2. Increased Wetland Buffers Zone Width: The Planning Director shall require increased standard buffer zone widths on a case-by-case basis when a larger buffer is necessary to protect wetlands functions and values, based on local conditions. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the regulated wetland. Such determination shall be attached as a permit condition and shall demonstrate that: a. a larger buffer is necessary to maintain viable populations of existing species; or b. the wetland is used by species proposed or listed by the Federal Government or the State as endangered, threatened, rare, monitor, or sensitive, critical or outstanding potential habitat for those species, or has unusual nesting or resting sites, such as heron rookeries or raptor nesting trees; or C. the adjacent land is susceptible to severe erosion, and erosion control measures will not effectively prevent adverse wetland impacts; or d. the adjacent land has minimal vegetative cover or slopes greater than 15 percent. 3. Reduction of Standard Wetland Buffer Zone Width: The Planning Director may reduce the standard wetland buffer zone widths on a case-by-case basis where it can be demonstrated that: a. the adjacent land is extensively vegetated and has less than 15 percent slopes and that no direct or indirect, short-term or long-term, adverse impacts to regulated wetlands, as determined by the Planning Director, will result from a regulated activity. The Planning Director may require long-term monitoring of the project and subsequent corrective actions if adverse impacts to regulated wetlands are discovered; or b. the project includes a buffer enhancement plan using native vegetation which substantiates that an enhanced buffer will improve the functional attributes of the buffer -56- to provide additional protection for wetlands functions and values. An enhanced buffer shall not result in greater than a 25 percent reduction in the buffer width, and the reduced buffer shall not be less than 25 feet. 4. Standard Wetland Buffer Width Averaging: Standard wetland buffer zones may be modified by averaging buffer widths. Wetland buffer width averaging shall be allowed only where the applicant demonstrates all of the following: a. that averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property; b. that the wetland contains variations in sensitivity due to existing physical characteristics; C. that low intensity land uses would be located adjacent to areas where buffer width is reduced, and that such low intensity land uses are guaranteed in perpetuity by covenant, deed restriction, easement, or other legally binding mechanism; d. that width averaging will not adversely impact the wetland functional values; and e. that the total area contained within the wetland buffer after averaging is no less than that contained within the standard buffer prior to averaging. In no instance shall the buffer width be reduced by more than 50 percent of the standard buffer or be less than 25 feet. 5. When applicable the order of sequence for buffer reductions shall be as follows. A. Use of buffer averaging maintaining one hundred percent of the buffer area under the standard buffer requirement: b. Reduction of the overall buffer area by no more than twenty-five percent of the area required under the standard buffer requirement; c. enhancement of existing degraded buffer area and replanting of the disturbed buffer area; d. Infiltration of stormwater where soils permit; e. Retention of existing native vegetation on other portions of the site in order to offset habitat loss from buffer reduction. 56. Except as otherwise specified, wetland buffer zones shall be retained in their undisturbed natural condition except where the buffer can be enhanced to improve its fuctional attributes. Buffers that are in their natural condition should not be altered and should remain in their natural condition and be enhanced whenever possible. Any buffer enhancement and/or limited view clearing activity must be reviewed and approved by the department. No refuse shall be placed in the buffer. Where buffers have been altered or disturbance has occurred during construction, and ecological functions and values have been lost restoration is required to replace lost functions and values. 57. Permitted Uses in a Wetland Buffer Zone: Regulated aetivities shall not b vitieLLavi- 1-iH-Fhr n� II'Verse s n�uuu�ai ndivea oar i N r nonpermanerAvv- blit i - or edaeational aetivities, and spoits fishing or hunting, -57- b. with respeet to Category 11 and 1V wetlands, stormwater management. vv ith respeet to Category H! and IV wetlands, develop.111.11ent having feasible alternative loeation. In addition to those activities allowed in regulated wetlands in this Section, the following activities are allowed in wetland buffers without having to meet the protection standards or requirements for wetland studies or mitigation set forth in this section, provided that impacts to buffers are minimized and that disturbed areas are immediately restored. a. In association with a single`family residence only, the establishment and expansion of lawns landscaping orchards gardens and fences provided that: i Lawns landscaping, orchards, and gardens shall be allowed within the outer 25 percent of the buffer width where no reasonable alternative is available. No structure other than fences nor any impervious surface shall be included in the above. No pesticides herbicides or fertilizers may be used in wetland buffers, and ii Fences shall be designed to allow the unimpeded passage of I surface water beneath them. b. Activities having minimal adverse impacts on buffers and no adverse impacts on regulated wetlands. These include low intensity, passive recreational activities such as pervious trails nonpermanent wildlife watching blinds, and scientific or educational activities Trails within buffers shall be designed to minimize impacts to the wetland, and shall not include any impervious surfaces. C. Within the buffers of Category III and IV wetlands only, vegetation- lined swales designed for stormwater management or conveyance when topographic restraints determine there are no other upland alternative location. Swales used for detention purposes may only be placed in the outer 25% of the buffer. Conveyance swales may be placed through the buffer, if necessary. -78. Building and Impervious Surface Setback Lines: A building or impervious surface setback line of fifteen 15) feet is required from the edge of any wetland buffer. Minor structural impervious surface intrusions into the area of the building setback may be allowed if the Planning Director determines that such intrusions will not negatively impact the wetland. The setback shall be identified on a site plan which is filed as an attachment to the notice on title required by Subsection 15.24.06006. D. Avoiding Wetland Impacts: 1. Regulated activities shall not be authorized in a regulated wetland except where it can be demonstrated that the impact is both unavoidable and necessary or that all reasonable economic uses are denied. 2. With respect to Category I wetlands, an applicant must demonstrate that denial of the permit would impose an extraordinary hardship on the part of the applicant brought about by circumstances peculiar to the subject property. 3. With respect to Category II and III wetlands, the following provisions shall apply: a. For water-dependent activities, unavoidable and necessary impacts can be demonstrated where there are no practicable alternatives which would not involve a wetland or which would not have less adverse impact on a wetland, and would not have other significant adverse environmental consequences. -58- I b. Where nonwater-dependent activities are proposed, it shall be presumed that adverse impacts are avoidable. This presumption may be rebutted upon a demonstration that: i. the basic project purpose cannot reasonably be accomplished utilizing one or more other sites in the general region that would avoid, or result in less, adverse impact on a regulated wetland; and ii. a reduction in the size, scope, configuration, or density of the project as proposed and all alternative designs of the project as proposed that would avoid, or result in less, adverse impact on a regulated wetland or its buffer will not accomplish the basic purpose of the project; and iii. in cases where the applicant has rejected alternatives to the project as proposed due to constraints such as zoning, deficiencies of infrastructure, or parcel size, the applicant has made reasonable attempts to remove or accommodate such constraints. 4. With respect to Category IV wetlands, unavoidable and necessary impacts can be demonstrated where the proposed activity is the only reasonable alternative which will accomplish the applicant's objectives. E. Reasonable Use Exception: 1. If an applicant for a development proposal demonstrates to the satisfaction of the Planning Director that application of these standards would deny all reasonable economic use of the property, development as conditioned may be allowed if the applicant also demonstrates all of the following to the satisfaction of the Planning Director: a. that the proposed project is water -dependent or requires access to the wetland as a central element of its basic function, or is not water -dependent but has no practicable alternative, pursuant to Subsection 15.24.070D; b. that no reasonable use with less impact on the wetland and its buffer is possible (e.g., agriculture, aquaculture, transfer or sale of development rights or credits, sale of open space easements, etc.); C. that there is no feasible on-site alternative to the proposed activities, including reduction in density, phasing of project implementation, change in timing of activities, revision of road and lot layout, and/or related site planning considerations, that would allow a reasonable economic use with less adverse impacts to wetlands and wetland buffers; d. that the proposed activities will result in minimum feasible alteration or impairment to the wetland's functional characteristics and its existing contours, vegetation, fish and wildlife resources, and hydrological conditions; e. that disturbance of wetlands has been minimized by locating any necessary alteration in wetland buffers to the extent possible; f. that the proposed activities will not jeopardize the continued existence of endangered, threatened, rare, sensitive, or monitor species as listed by the Federal government or the State of Washington; g. that the proposed activities will not cause significant degradation of groundwater or surface water quality; -59- h. that the proposed activities comply with all State, local, and Federal laws, including those related to sediment control, pollution control, floodplain restrictions, and on-site wastewater disposal; i. that any and all alterations to wetlands and wetland buffers will be mitigated as provided in Subsection 15.24.070H7; j. that there will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; and k. that the inability to derive reasonable economic use of the property is not the result of actions by the applicant in segregating or dividing the property and creating the undevelopable condition after the effective date of this Chapter. 2. If the Planning Director determines that alteration of a wetland and/or wetland buffer is necessary and unavoidable, the Planning Director shall set forth in writing in the file he maintains regarding a permit application his findings with respect to each of the items listed in this Subsection. 3. Alternatively, if the Planning Director determines that application of these standards would deny all reasonable economic use of the property, the City may take the property for public use with just compensation being made. F. Minimizing Wetlands Impacts: 1. After it has been determined by the Planning Director pursuant to Subsection 15.24.070D that losses of wetland are necessary and unavoidable or that all reasonable economic use has been denied, the applicant shall take deliberate measures to minimize wetland impacts. 2. Minimizing impacts to wetlands shall include but is not limited to: a. limiting the degree or magnitude of the regulated activity; b. limiting the implementation of the regulated activity; C. using appropriate and best available technology; d. taking affirmative steps to avoid or reduce impacts; e. sensitive site design and siting of facilities and construction staging areas away from regulated wetlands and their buffers; f. involving resource agencies early in site planning; and g. providing protective measures and best management ment practices, such as siltation curtains, hay bales, and other siltation prevention measures; scheduling the regulated activity to avoid interference with wildlife and fisheries rearing, resting, nesting, or spawning activities. G. Limited Density Transfer : For development proposals on lands containing wetland buffers, the Planning Director shall determine allowable dwelling units for residential development proposals based on the formulas below. The following formula for density calculations is designed to provide incentives for the preservation of wetlands and wetland buffers, flexibility in design, and consistent treatment of different types of development proposals. The formula shall apply to all properties within existing residential zones on which wetlands and wetland buffers are located. .M The maximum number of dwelling units (DU) for a lot or parcel which contains wetlands and wetland buffers shall be equal to: (Acres in Wetland Buffer)(DU/Acre)(Density Credit). The density credit figure is derived from the following table: of site in buffers Densis Credit _Percentage 1-10% 100% 11-20% 90% 21-30% 80% 31-40% 70% 41-50% 60% 51-60% 50% 61-70% 40% 71-80% 30% 81-90% 20% 91-99% 10% The density credit can only be transferred within the development proposal site. To the extent that application of the formula may result in lot sizes less than the minimum allowed by the underlying district, they are hereby authorized, provided that the resultant lot is of sufficient size for an on-site waste disposal system if no sanitary sewer system exists. Should the density credit allow average lot size to fall below the minimum standard allowed by underlying zoning, the applicant shall use Planned Residential Development procedures for project review. The Planning Director shall not allow credit for density for the portions of the site occupied by wetlands. H. Acting �on the Application: 1. Special Use Permit Conditions: a. Sensitive Area Tracts: As a condition of any permit issued pursuant to this Chapter, the permit holder may be required to create a separate sensitive area tract or tracts containing the areas determined to be wetland and/or wetland buffer in field investigations performed pursuant to Subsection 15.24.040C. Sensitive area tracts are legally created tracts containing wetlands and their buffers that shall remain undeveloped in perpetuity. Sensitive area tracts are an integral part of the lot in which they are created; are not intended for sale, lease or transfer; and shall be included in the area of the parent lot for purposes of subdivision method and minimum lot size. i. Protection of Sensitive Area Tracts: The Planning Director shall require, as a condition of any permit issued pursuant to this Chapter, that the sensitive area tract or tracts created pursuant to Subsection 15.24.070H1 be protected by one of the following methods: (A) The permit holder shall convey an irrevocable offer to dedicate to the City of Port Angeles or other public or non-profit entity specified by the Planning Director, an easement for the protection of native vegetation within a wetland and/or its buffer; or -61- (B) The permit holder shall establish and record a permanent and irrevocable deed restriction on the property title of all lots containing a sensitive area tract or tracts created as a condition of this permit. Such deed restriction(s) shall prohibit in perpetuity the development, alteration, or disturbance of vegetation within the sensitive area tract except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the City of Port Angeles, and any other agency with jurisdiction over such activity. b. The deed restriction shall also contain the following language: "Before beginning and during the course of any grading, building construction, or other development activity on a lot or development site subject to this deed restriction, the common boundary between the area subject to the deed restriction and the area of development activity must be fenced or otherwise marked to the satisfaction of the City of Port Angeles." C. Regardless of the legal method of protection chosen by the Planning I Director, responsibility for maintaining sensitive area tracts shall be held by a homeowners association, adjacent lot owners, the permit applicant or designee, or other appropriate entity as approved by the Planning Director. d. The following note shall appear on the face of all plats, short plats, PRDs, or other approved site plans containing separate sensitive area tracts, and shall be recorded on the title of record for all affected lots: "NOTE: All lots adjoining separate sensitive area tracts identified as Native Vegetation Protection Easements or protected by deed restriction, are responsible for maintenance and protection of the tracts. Maintenance includes ensuring that no alterations occur within the separate tract and that all vegetation remains undisturbed for other than natural reasons, unless the express written authorization of the City of Port Angeles has been received." e. The common boundary between a separate sensitive area tract and the adjacent land must be permanently identified. This identification shall include permanent wood or metal signs on treated wood or metal posts. Signs shall be worded as follows: "Protection of this natural area is in your care. Alteration or disturbance is prohibited by law. Please call the Port Angeles Planning Department for more information. " f. Sign locations and size specifications shall be approved by the Planning Director. The Planning Director shall require permanent fencing of the sensitive area tract or tracts when there is a substantial likelihood of the presence of domestic grazing animals within the development proposal. The Planning Director shall also require as a permit condition that such fencing be provided if, subsequent to approval of the development proposal, domestic grazing animals are in fact introduced. g. Additional Conditions: i. The location of the outer extent of the wetland buffer and the areas to be disturbed pursuant to an approved permit shall be marked in the field, and such field marking shall be approved by the Planning Director prior to the commencement of -62- permitted activities. Such field markings shall be maintained throughout the duration of the permit. ii. The Planning Director may attach such additional conditions to the granting of a special use permit as deemed necessary to assure the preservation and protection of affected wetlands and to assure compliance with the purposes and requirements of this Chapter. 2. Bonding: a. Performance Bonds: The Planning Director may require the applicant of a development proposal to post a cash performance bond or other security acceptable to the Planning Director in an amount and with surety and conditions sufficient to fulfill the requirements of Subsection 15.24.070H6 and, in addition, to secure compliance with other conditions and limitations set forth in the permit. The amount and the conditions of the bond shall be consistent with the purposes of this Chapter. In the event of a breach of any condition of any such bond, the City of Port Angeles may institute an action in a court of competent jurisdiction upon such bond and prosecute the same to judgment and execution. The Planning Director shall release the bond upon determining the following, provided that prior to such written release of the bond, the principal or surety cannot be terminated or canceled; i. All activities, including any required compensatory mitigation, have been completed in compliance with the terms and conditions of the permit and the requirements of this Chapter; ii. The posting by the applicant of a maintenance bond has occurred. b. Maintenance Bonds: The Planning Director shall require the holder of a development permit issued pursuant to this Chapter to post a cash performance bond or other security acceptable to the Planning Director in an amount and with surety and conditions sufficient to guarantee that structures, improvements, and mitigation required by the permit or by this Chapter perform satisfactorily for a minimum of two (2) years after they have been completed. The Planning Director shall release the maintenance bond upon determining that performance standards established for evaluating the effectiveness and success of the structures, improvements, and/or compensatory mitigation have been satisfactorily met for the required period. For compensation projects, the performance standards shall be those contained in the mitigation plan developed and approved during the permit review process, pursuant to Subsection 15.24.070H7. The maintenance bond applicable to a compensation project shall not be released until the Planning Director determines that performance standards established for evaluating the effect and success of the project have been met. 3. Other Laws and Regulations: No permit granted pursuant to this Chapter shall remove an applicant's obligation to comply in all respects with the applicable provisions of any other Federal, State, or local law or regulation, including but not limited to the acquisition of any other required permit or approval. 4. Suspension or Revocation: In addition to other penalties provided for elsewhere, the Planning Director may suspend or revoke a permit if he/she finds that the -63- applicant or permittee has not complied with any or all of the conditions or limitations set forth in the permit; has exceeded the scope of work set forth in the permit; or has failed to undertake the project in the manner set forth in the approved application. 5. Publication of Notice: The Planning Director shall cause notice of his/her denial, issuance, conditional issuance, revocation, or suspension of a permit to be published in a daily newspaper having a broad circulation in the area wherein the wetland lies. Such notice shall be published within five (5) working days of the decision or order and shall include at least the following: a. A brief description of the project, including location; b. The decision or order of the City with respect to the project; C. Notification that the permit file is open for public inspection during regular business hours, and the address where such file may be inspected; and d. A statement of the procedures regarding appeal or judicial review of the decision, if applicable. 6. Compensating for Wetlands Impacts: As a condition of any permit allowing alteration of wetlands and/or wetland buffers, or as an enforcement action pursuant to Subsection 15.24.080C, the Planning Director shall require that the applicant engage in the restoration, creation, or enhancement of wetlands and their buffers in order to offset the impacts resulting from the applicant's or violator's actions. The applicant shall develop a plan which provides for land acquisition, construction, maintenance, and monitoring of replacement wetlands that recreate as nearly as possible the original wetlands in terms of acreage, function, geographic location and setting, and that are larger than the original wetlands. The overall goal of any compensatory project shall be no net loss of wetlands function and acreage and to strive for a new resource gain in wetlands over present conditions. Compensation shall be completed prior to wetland destruction, where possible. Compensatory mitigation shall follow an approved mitigation plan pursuant to Subsection 15.24.070117 and shall meet the following minimum performance standards: a. Given the uncertainties in scientific knowledge and the need for expertise and monitoring, wetland compensatory projects may be permitted only when the Planning Director finds that the compensation project is associated with an activity or development otherwise permitted and that the restored, created, or enhanced wetland will be as persistent as the wetland it replaces. Additionally, applicants shall: i. demonstrate sufficient scientific expertise, supervisory capability, and financial resources to carry out the project; ii. demonstrate the capability for monitoring the site and to make corrections during this period if the project fails to meet projected goals; and iii. protect and manage mere or provide for the protection and management of the compensation area to avoid further development or degradation and to provide for long-term persistence of the compensation area. b. Wetlands Restoration and Creation: i. Any person who alters regulated wetlands shall restore or create equivalent areas or greater areas of wetlands than those altered in order to compensate for wetland losses. ,E ii. Where feasible, restored or created wetlands shall be a higher category than the altered wetland. iii. Compensation areas shall be determined according to function, acreage, type, location, time factors, ability to be self-sustaining, and projected success. Wetland functions and values shall be calculated using the best professional judgment of a qualified wetland ecologist using the best available techniques. Multiple compensation projects may be proposed for one project in order to best achieve the goal of no net loss. iv. Acreage replacement ratio. The following ratios apply to creation or restoration which is in-kind, on-site, timed prior to or concurrent with alteration, and has a high probability of success. These ratios do not apply to remedial actions resulting from illegal alterations. The first number specifies the acreage of wetlands requiring replacement and the second specifies the acreage of wetlands altered. Category I 6:1 Category II or III Forested 3:1 Scrub -shrub 2:1 Emergent 1.5:1 Category IV 1.25:1 (A) Increased Replacement Ratio: The Planning Director may increase the ratios under the following circumstances: (1) uncertainty as to the probable success of the proposed restoration or creation; (2) significant period of time between destruction and replication of wetland functions; (3) projected losses in functional value; or (4) off-site compensation. (B) Decreased Replacement Ratio: The Planning Director may decrease these ratios based on findings of special studies coordinated with agencies with expertise which demonstrate that no net loss of wetland function or value is attained under the decreased ratio. (C) In all cases, a minimum acreage replacement ratio of 1:1 shall be required. C. Wetlands Enhancement: i. Any applicant proposing to alter wetlands may propose to enhance existing significantly degraded wetlands in order to compensate for wetland losses. Applicants proposing to enhance wetlands shall identify how enhancement conforms to the overall goals and requirements of the local wetlands protection program and established regional goals. ii. A wetlands enhancement compensation project shall be determined pursuant to Subsection 15.24.070116, provided that enhancement for one function and value will not degrade another function or value and that acreage replacement ratios shall be doubled to recognize existing functional values and, provided further, that Category I wetlands shall not be enhanced. -65- I d. Wetland Type: i. In -Kind compensation shall be provided except where the applicant can demonstrate that: (A) the wetland system is already significantly degraded and out -of -kind replacement will result in a wetland with greater functional value; (B) scientific problems, such as exotic vegetation and changes in watershed hydrology make implementation of in-kind compensation impossible; or (C) out -of -kind replacement will best meet identified regional goals (e.g., replacement of historically diminished wetland types). (D) Where out -of -kind replacement is accepted, greater acreage replacement ratios may be required to compensate for lost functional values. e. Location: i. On-site compensation shall be provided except where the applicant can demonstrate that: (A) the hydrology and ecosystem of the original wetland and those who benefit from the hydrology and ecosystem will not be substantially damaged by the on-site loss; and (B) on-site compensation is not scientifically feasible due to problems with hydrology, soils, waves, or other factors; or (C) compensation is not practical due to potentially adverse impact from surrounding land uses; or (D) existing functional values at the site of the proposed restoration are significantly greater than lost wetland functional values; or (E) that established regional goals for flood storage, flood conveyance, habitat or other wetland functions have been established and strongly justify location of compensatory measures at another site. ii. Off-site compensation shall occur within the same watershed as the wetland loss occurred; provided that Category IV wetlands may be replaced outside of the watershed when there is no reasonable alternative. iii. In selecting compensation sites, applicants shall pursue siting in the following order of preference: (A) upland sites which were formerly wetlands; (B) idled upland sites generally having bare ground or vegetative cover consisting primarily of exotic introduced species, weeds, or emergent vegetation; (C) other disturbed upland. f. Timing: i. Where feasible, compensation projects shall be completed prior to activities that will disturb wetlands, and immediately after activities that will temporarily disturb wetlands. In all other cases, except for Category I wetlands, compensatory projects should be completed prior to use or occupancy of the activity or development which was conditioned upon such compensation. Construction of compensation projects shall be timed to reduce impacts to existing wildlife and flora. g. Cooperative Restoration, Creation, or Enhancement projects: i. The Planning Director may encourage, facilitate, and approve cooperative projects wherein a single applicant or other organization with demonstrated capability may undertake a compensation project with funding from other applicants under the following circumstances: (A) restoration, creation, or enhancement at a particular site may be scientifically difficult or impossible; or (B) creation of one or several larger wetlands may be preferable to many small wetlands. ii. Persons proposing cooperative compensation projects shall: (A) submit a joint permit application; (B) demonstrate compliance with all standards; (C) demonstrate the organizational and fiscal capability to act cooperatively; and (D) demonstrate that long-term management can and will be provided. 7. Non-Compensatory_Enhancement: Non -compensatory enhancements are those wetland enhancement projects which are conducted solely to increase the functions and values of an existing wetland and which are not required to be conducted pursuant to the requirements of Section 15.24.070(H)(6). There are two types of non -compensatory enhancement: A. Type 1 Non -Compensatory Enhancement. Type 1 non -compensatory enhancement projects involve the filling draining or excavating of a regulated wetland. All applications for Type 1 non -compensatory enhancement projects shall be accompanied by an enhancement plan prepared in accordance with subsections (i)(A) - (B), below, which demonstrates that the proposed activities will result in an increase in wetland functions and values. @The enhancement plan must be submitted for review and approval by the Director of Community Development: (ii) The enhancement plan must either be prepared by a qualified wetlands consultant or accepted in writing by the U.S. Fish and wildlife Service, and the Washington Department of Fish and Wildlife or the Washington Department of Ecology. b. Type 2 Non -Compensatory Enhancement. Type 2 non -compensatory enhancement projects involve wetland alterations that do not include the filling, draining, or excavation of a regulated wetland Such projects might involve the removal of non-native plant species All application for Type 2 non -compensatory enhancement projects shall be accompanied by an enhancement lan prepared in accordance with subsections (n)(A) -(B), below, which demonstrates that the proposed activities will result in an increase in wetland functions and values. Qi) the enhancement plan shall be submitted for review and approval by the Director of Community Development; ii) The enhancement plan must include a detailed description of the activity including the following information: The goal of the enhancement project; What plants if any, will be removed or planted; NyN How the activity will be conducted, includingtie type(s) of tools or machinery to be used; and LW The qualifications of the individual who will be conducting the enhancement activity_ Lifil The enhancement elan must either be prepared by a qualified wetlands consultant or accepted in writing by the U.S. Fish and Wildlife Service, the Washington Department of Fish and Wildlife, or the Washington department of Ecology_ d. Wetland Type: i. In -Kind compensation shall be provided except where the applicant can demonstrate that: LA,) the wetland system is already significantly degraded and out -of -kind replacement will result in a wetland with greater functional value: scientific problems, such as exotic vegetation and changes in watershed hydrology make implementation of in-kind compensation impossible; or LCJ out -of -kind replacement will best meet identified regional goals _(e.g., replacement of historically diminished wetland types. LDJ Where out -of -kind replacement is accepted, greater acreage replacement ratios may be required to compensate for lost functional values. e. Location: i. On-site compensation shall be provided except where the applicant can demonstrate that: the hydrology and ecosystem of the original wetland and those who benefit from the hydrology and ecosystem will not be substantially damaged by the on-site loss; and on-site compensation is not scientifically feasible due to problems with hydrology, soils, waves, or other factors; or LCJ compensation is not practical due to potentially adverse impact from surrounding land uses; or LD,) existing functional values at the site of the proposed restoration are significantly greater than lost wetland functional values; or that established regional goals for flood storage, flood conveyance, habitat or other wetland functions have been established and strongly justify location of compensatory measures at another site. ii. Off-site compensation shall occur within the same watershed as the wetland loss occurred: provided that Category IV wetlands may be replaced outside of the watershed when there is no reasonable alternative. iii. In selecting compensation sites, applicants shall pursue siting in the following order of preference: upland sites which were formerly wetlands; LM idled upland siteseg_nerally bayingground or vegetative cover consisting primarily of exotic introduced species, weeds, or emergent vegetation; 1'J other disturbed upland. f. Timin : i. Where feasible, compensation projects shall be completed prior to activities that will disturb wetlands, and immediately after activities that will temporarily disturb wetlands In all other cases except for Category I wetlands compensatory projects should be completed12rior to use or occupancy of the activity or development which was conditioned upon such compensation..Construction of compensation protects shall be timed to reduce impacts to existing wildlife and flora. g. Cooperative Restoration Creation or Enhancement projects: i. The Director of Community Development may encourage, facilitate and rove cooperative projects wherein a single applicant or other organization with demonstrated capability may undertake a compensation protect with funding from other applicants under the following circumstances: W restoration creation or enhancement ata particular site may be scientifically difficult or impossible; or JW creation of one or several larger wetlands maybe preferable to many small wetlands. ii. Persons proposing cooperative compensation projects shall: LAJ submit a joint permit application; M) demonstrate compliance with all standards; LQJ demonstrate the organizational and fiscal capability to act cooperatively: and demonstrate that long-term management can and will be provided. -78. Mitigation Plans: All wetland restoration, creation, and/or enhancement projects required pursuant to this Chapter, either as a permit condition or as the result of an enforcement action, shall follow a mitigation plan prepared by qualified wetland professionals approved by the Planning Director. The applicant or violator shall receive written approval of the mitigation plan by the Planning Director prior to commencement of any wetland restoration, creation, or enhancement activity. Unless the Planning Director, in consultation with qualified wetland professionals, determines, based on the size and nature of the development proposal, the nature of the impacted wetland, and the degree of cumulative impacts on the wetland from other development proposals, that the scope and specific requirements of the mitigation plan may be reduced from what is listed below, the mitigation plan shall contain at least the following components: a. Baseline Information: A written assessment and accompanying maps of the: i. impacted wetland including, at a minimum, wetland delineation; existing wetland acreage; vegetative, faunal, and hydrologic characteristics; soil and substrate conditions; topographic elevations; and ii. compensation site, if different from the impacted wetland site, including, at a minimum, existing acreage; vegetative, faunal, and hydrologic conditions; relationship within watershed and to existing waterbodies; soil and substrate conditions; topographic elevations; existing and proposed adjacent site conditions; buffers; and ownership. b. Environmental Goals and Objectives: A written report shall be provided identifying goals and objectives and describing: i. The purposes of the compensation measures, including a description of site selection criteria; identification of compensation goals; identification of target evaluation species and resource functions; dates for beginning and completion; and a complete description of the structure and functional relationships sought in the new wetland. The goals and objectives shall be related to the functions and values of the original wetland, or if out -of -kind, the type of wetland to be emulated. ii. A review of the available literature and/or experience to date in restoring or creating the type of wetland proposed shall be provided. An analysis of the likelihood of success of the compensation project at duplicating the original wetland shall be provided based on the experiences of comparable projects, if any. An analysis of the likelihood of persistence of the created or restored wetland shall be provided based on such factors as surface and ground water supply and flow patterns; dynamics of the wetland ecosystem; sediment or pollutant influx and/or erosion, periodic flooding and drought, etc.; presence of invasive flora or fauna; potential human or animal disturbance; and previous comparable projects, if any. C. Performance Standards: Specific criteria shall be provided for evaluating whether or not the goals and objectives of the project and for beginning remedial action or contingency measures. Such criteria may include water quality standards, survival rates of planted vegetation, species abundance and diversity targets, habitat diversity indices, or other ecological, geological, or hydrological criteria. d. Detailed Construction Plans: Written specifications and descriptions of compensation techniques shall be provided, including the proposed construction sequence; grading and excavation details; erosion and sediment control features needed for wetland construction and long-term survival; a planting plan specifying plant species, quantities, locations, size, spacing, and density; source of plant materials, propagules, or seeds; water and nutrient requirements for planting; where appropriate, measures to protect plants from predation; specification of substrate stockpiling techniques and planting instructions; descriptions of water control structures and water -level maintenance practices needed to achieve the necessary hydrocycle/hydroperiod characteristics; etc. These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. The plan shall provide for elevations which are appropriate for the desired habitat type(s) and which provide sufficient tidal prism and circulation data. e. Monitoring Program: A program outlining the approach for monitoring construction of the compensation project and for assessing a completed project shall be provided. Monitoring may include, but is not limited to: i. establishing vegetation plots to track changes in plant species composition and density over time; ii. using photo stations to evaluate vegetation community response; iii. sampling surface and subsurface waters to determine pollutant loading, and changes from the natural variability of background conditions (pH, nutrients, heavy metals); -70- iv. measuring base flow rates and storm water runoff to model and evaluate water quality predictions, if appropriate; v. measuring sedimentation rates, if applicable; and vi. sampling fish and wildlife populations to determine habitat utilization, species abundance, and diversity. A protocol shall be included outlining how the monitoring data will be evaluated by agencies that are tracking the progress of the compensation project. A monitoring report shall be submitted annually, at a minimum, documenting milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five (5) years. f. Contingency Plan: Identification of potential courses of action, and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met. g. Permit Conditions: Any compensation project prepared pursuant to this section and approved by the Planning Director shall become part of the application for the permit. h. Performance Bonds and Demonstration of Competence: A demonstration of financial resources, administrative, supervisory, and technical competence and scientific expertise of sufficient standard to successfully execute the compensation project shall be provided. A compensation project manager shall be named and the qualifications of each team member involved in preparing the mitigation plan and implementing and supervising the project shall be provided, including educational background and areas of expertise, training and experience with comparable projects. In addition, bonds ensuring fulfillment of the compensation project, monitoring program, and any contingency measure shall be posted pursuant to Subsection 15.24.070H in the amount of one hundred twenty (120) percent of the expected cost of compensation. L Regulatory authorities are encouraged to consult with and solicit comments of any Federal, State, regional, or local agency, including tribes, having any special expertise with respect to any environmental impact prior to approving a mitigation proposal which includes wetlands compensation. The compensation project proponents should provide sufficient information on plan design and implementation in order for such agencies to comment on the overall adequacy of the mitigation proposal. j. Compensatory mitigation is not required for regulated activities: i. For which a permit has been obtained that occur only in the buffer or expanded buffer and which have no adverse impacts to regulated wetlands; or ii. which are allowed pursuant to Subsection 15.24.050B, provided such activities utilize best management practices to protect the functions and values of regulated wetlands. I. Appeals: Any decision of the Planning Director in the administration of this Chapter may be appealed in writing to the City Council within fourteen days of the issuance of notice of the decision. The time period for considering the appeal shall not exceed ninety days. -71- J. Modification of Wetland Permits: A Wetland Permit holder may request and the Planning Director may approve modification of a previously issued Wetland Permit. K. Resubmittal of Denied Permit Applications: A Wetland Permit application which has been denied may be modified and resubmitted no earlier than one hundred eighty (180) days following action on the original application. A permit application shall be considered a resubmittal if the site proposed for development was the subject of a Wetland Permit application within the previous one hundred eighty (180) days. A new fee will be required for such resubmittal. 15.24.080 - Temporary Emergency Permit - Enforcement. A. Temporary Emergency Permit: Notwithstanding the provisions of this Chapter or any other laws to the contrary, the Planning Director may issue a temporary emergency wetlands permit if: 1. The Planning Director determines that an unacceptable threat to life or severe loss of property will occur if an emergency permit is not granted; and 2. The anticipated threat or loss may occur before a permit can be issued or modified under the procedures otherwise required by this Chapter and other applicable laws. B. Any emergency permit granted shall incorporate, to the greatest extent practicable and feasible but not inconsistent with the emergency situation, the standards and criteria required for non -emergency activities under this act and shall: 1. be limited in duration to the time required to complete the authorized emergency activity, not to exceed 90 days; and 2. require, within this 90 -day period, the restoration of any wetland altered as a result of the emergency activity; except that if more than the 90 days from the issuance of the emergency permit is required to complete restoration, the emergency permit may be extended to complete this restoration. Issuance of an emergency permit by the Planning Director does not preclude the necessity to obtain necessary approvals from appropriate Federal and State authorities. Notice of the issuance of the emergency permit and request for public comments shall be published at least once a week on the same day of the week for two consecutive weeks in a newspaper having a general circulation in the City of Port Angeles, the City publication to be no later than 10 days after issuance of the emergency permit. The emergency permit may be terminated at any time without process upon a determination by the Planning Director that the action was not or is no longer necessary to protect human health or the environment. C. Enforcement: 1. General enforcement: The City of Port Angeles shall have authority to enforce this Chapter, any rule or regulation adopted, and any permit or order issued, pursuant to this Chapter, against any violation or threatened violation thereof. The City of Port Angeles is authorized to issue violation notices and administrative orders, levy fines, and/or institute legal actions in court. Recourse to any single remedy shall not preclude recourse to any of the other remedies. Each violation of this Chapter, or any rule or regulation adopted, or any permit, permit condition, or order issued pursuant to this Chapter, shall be a separate -72- offense, and, in the case of a continuing violation, each day's continuance shall be deemed to be a separate and distinct offense. All costs, fees, and expenses in connection with enforcement actions may be recovered as damages against the violator. Enforcement actions shall include Civil Penalties, Administrative Orders and Actions for Damages and Restoration. 2. Injunctive relief: The City of Port Angeles may bring appropriate actions at law or equity, including actions for injunctive relief, to ensure that no uses are made of a regulated wetland or their buffers which are inconsistent with this Chapter or an applicable wetlands protection program. 3. Cease and desist order: The City of Port Angeles may serve upon a person a cease and desist order if an activity being undertaken on regulated wetlands or its buffer is in violation of this Chapter or any permit issued to implement this Chapter. Whenever any person violates this Chapter or any permit issued to implement this Chapter, the City of Port Angeles may issue an order reasonably appropriate to cease such violation and to mitigate any environmental damage resulting therefrom. Content of Order: The order shall set forth and contain: (a) A description of the specific nature, extent, and time of violation and the damage or potential damages. (b) A notice that the violation or the potential violation cease and desist or, in appropriate cases, the specific correction action to be taken within a given time. A civil penalty may be issued with the order. (c) Effective date: The cease and desist order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed. (d) Compliance: Failure to comply with the terms of a cease and desist order can result in enforcement actions including, but not limited to, the issuance of a civil penalty. 4. Penalties: Any person who undertakes any activity within a regulated wetland or its buffer without first obtaining a permit required by this Chapter, except as allowed in Subsection 15.24.050B, or any person who violates one or more conditions of any permit required by this Chapter or of any order issued pursuant to this Section, shall incur a penalty allowed per violation. In the case of a continuing violation, each permit violation and each day of activity without a required permit shall be a separate and distinct violation. The penalty amount shall be set in consideration of the previous history of the violator and the severity of the environmental impact of the violation. The penalty provided in this subsection shall be appealable to the Superior Court of Clallam County. 5. Aiding or abetting: Any person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have committed a violation for the purposes of the penalty. 6. Notice of penalty: Civil penalties imposed under this Section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the Department and/or the City of Port Angeles, or from both jointly. The notice shall describe the violation, approximate the -73- date(s) of violation, and shall order the acts constituting the violation to cease and desist, or, in appropriate cases, require necessary correction action within a specific time. 7. Application for remission or mitigation: Any person incurring a penalty may apply in writing within thirty days of receipt of the penalty to the Planning Director for remission or mitigation of such penalty. Upon receipt of the application, the City of Port Angeles may remit or mitigate the penalty upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. 8. Appeals: Orders and penalties issued pursuant to this subsection may be appealed as provided for in Subsection 15.24.070I. 9. Criminal penalties shall be imposed on any person who wilfully or negligently violates this Chapter or who knowingly makes a false statement, representation, or certification in any application, record or other document filed or required to be maintained under this Chapter; or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device, record or methodology required to be maintained pursuant to this Chapter or pursuant to a Wetland Permit. 15.24.090 - Non -Conforming Activities. A regulated activity which was approved prior to the passage of this Chapter and to which significant economic resources have been committed pursuant to such approval, but which is not in conformity with the provisions of this Chapter, may be continued subject to the following: A. No such activity shall be expanded, changed, enlarged, or altered in any way that increases the extent of its non -conformity without a permit issued pursuant to the provisions of this Chapter; B. Except for cases of discontinuance as part of normal agricultural practices, if a non -conforming activity is discontinued for 12 consecutive months, any resumption of the activity shall conform to this Chapter; C. If a non -conforming use or activity is destroyed by human activities or an act of God, it shall not be resumed except in conformity with the provisions of this Chapter; D. Activities or adjuncts thereof which are or become public nuisances shall not be entitled to continue as non -conforming activities. 15.24.100- Judicial Review. Any decision or order issued by the City of Port Angeles pursuant to this Chapter, including decisions concerning denial, approval, or conditional approval of a Wetland Permit, may be judicially reviewed in the Clallam County Superior Court, provided that: A. available administrative remedies, including appeals available pursuant to Subsection 15.24.060I, have been exhausted; and B. such litigation is commenced within twenty-one (21) days after service of such order or issuance of notice of such decision, as the case may be. Based on these proceedings and consistent with any decision of the Court that is adverse to the City of Port Angeles, the City may elect to: 1. Institute negotiated purchase or condemnation proceedings to acquire an easement or fee interest in the applicant's land; -74- 2. Approve the permit application with lesser restrictions or conditions; or 3. Other appropriate actions ordered by the Court that fall within the jurisdiction of the City of Port Angeles. 15.24.110 - Amendments. These regulations and the maps used to identify wetland critical areas may from time to time be amended in accordance with the procedures and requirements in the general statutes and as new information concerning wetland location, soils, hydrology, flooding, or wetland plants and wildlife become available. 15.24.120 - Assessment Relief. The Assessor of Clallam County shall consider wetland regulations in determining the fair market value of land. Any owner of an undeveloped wetland who has dedicated an easement or entered into a perpetual conservation restriction with the City of Port Angeles or a non-profit organization to permanently control some or all regulated activities in the wetland shall have that portion of land assessed consistent with those restrictions. Such landowner shall also be exempted from special assessments on the controlled wetland to defray the cost of municipal improvements such as sanitary sewers, storm sewers, and water mains. Section 5. Ordinance 2734, as amended, and Title 15, Environment, shall be amended by amending Chapter 15.28 PAMC, Clearing, Grading, Filling, and Drainage Regulations, in its entirety to read as follows: Chapter 15.28 CLEARING GRADING FILLING, AND DRAINAGE REGULATIONS Sections: 15.28.010 Purpose. 15.28.020 Definitions. 15.28.030 Clearing and Grading Permit Required. 15.28.040 Permit Exemptions. 15.28.050 Permit Application. 15.28.060 Plans and Specifications. 15.28.070 Additional Application Information. 15.28.080 Review Criteria. 15.28.090 Standards. 15.28.100 Conditions. 15.28.110 Maintenance Responsibilities. 15.28.120 Permit Issuance - Expiration - Extension. 15.28.130 Permit Fees. 15.28.140 Security. 15.28.150 Insurance. 15.28.160 Inspections. -75- 15.28.170 Suspension of Permits. 15.28.180 Completion of Work. 15.28.190 Posting of Permit. 15.28.200 Administration and Enforcement. 15.28.210 Appeals. 15.28.220 Clearing, Grading, Filling, and Drainage Rules and Guidelines. 15.28.230 Other Laws. 15.28.240 Removal of Dirt, Debris, or Other Material - Sanctions. 15.28.250 Public Nuisance. 15.28.260 Penalty. 15.28.010 - Purpose. This Chapter is adopted for the following purposes: A. To promote, protect, and preserve the public interest by establishing standards for and regulating land alteration, particularly the clearing, grading, filling, and/or drainage of land in the City without preventing the reasonable use of land; B. To regulate land -disturbing activity for control of erosion, sedimentation, stormwater runoff, water pollution, vegetation removal, and landslide in order to minimize damage to public and private property; C. To promote building and site planning practices that are consistent with the City's natural topography, soils, and vegetation features and which implement the Port Angeles Comprehensive Plan and the Washington State Environmental Policy Act; D. To minimize hazards to life, health, and property; E. To require that development of environmentally sensitive lands be accomplished in a manner which protects those areas from damage or degradation and which promotes the health, safety, and welfare of the public. Notwithstanding the above -stated purposes, nothing in this Chapter is intended to or shall be deemed to create a duty of the City to protect or promote the interests of any particular person or class of persons. Further, the existence of these regulations or any failure, refusal, or omission of the City to enforce any provision in this Chapter is not intended to prevent, supplant, or affect the right of any person affected by the clearing, grading, filling, and/or drainage operations of another to invoke such private remedies as may be available against such other persons. 15.28.020 - Definitions. In addition to definitions contained in Chapter 15.02 the following definitions shall apply. Where definitions exist in both 15.02 and 15.28.020. the definitions in 15.28.020 shall apply. for the putposes of fliis ehapter, the fbilowing definitions describe the meaning of the tenns used - A. "Accelerated erosion" means any increase over the rate of natural erosion as a result of land -disturbing activity. B. "Approval" means for the purposes of this Chapter approval by the City Engineer. C. "Buffer zone" means a parcel or strip of land that is required to permanently remain in an undisturbed and untouched condition and within which no building, clearing, grading, or filling is permitted, except for minor maintenance necessary to protect life and property. -76- D. "Clearing" means the removal of timber, brush, grass, ground cover, or other vegetative matter from a site which exposes the earth's surface on the site or results in the loss of forested areas. E. "Clearing and Gradin Permit" means the written permission of the City to the applicant to proceed with the act of clearing, grading, filling, and/or drainage which could disturb the land surface. F. "Director" means the Director of Public Works and Utilities or an authorized agent of the Public Works and Utilities Department. in flie State of Washingtoir I-IG. "Environmentally Sensitive Lands Areas" include, but are not limited to, lands identified as environmentally sensitive areas, locally unique features, or critical areas by the City in accordance with the provisions of the State Environmental Policy Act and the Growth Management Act and Section 15.20 of the Port Angeles Municipal Code. water,f. "Erosion" memis the weaffiig away of flie !and or ground surfa%le by ffic action o ice, gravity, or miy combination thereofi JH. "Filling" means the act of transporting or placing (by any manner or mechanism) fill material from, to, or on any soil surface, natural vegetative covering of soil surface, or fill material (including temporary stockpile of material). KI. "Grading" means any act which changes the grade or elevation of the ground surface and for the purposes of this Chapter also includes the excavation and removal of earth material. J. "Impervious surface" means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development or that causes water to run off the surface inerg ater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include but are not limited to roof tops walkways patios driveways parking lots or storage areas concrete or asphalt paving, gravel roads packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of stormwater. L. "LaIld-disturbille, �!', *!,.-.If mealis any use of flie land that results in. 1) change-mi the naturai cover or topography that exposes the sofls or 2) may cause orcontribute to emsivin o, sedimentation. �Hiis does not inciade non-desh active vegetation trill M. - , top ME of ti ees, sir abs, or p1mits, which does not result in harm to the cont nued life ;nd—heal4i of the pf ant and does not expose the soil st" fac%..-. NK. "Sedimentation" means the process of deposition of soil and organic particles displaced, transported, and deposited by erosive processes. vi%,W When proposed in a ravine and marine bluff buffers. Viewshed enhancement do%:,s not include non-destructive tiffinning of vegetation as defined by fl,is efiapter. 15 28 030 - Clearing and Grading Permit Required. A. No person, corporation, or other legal entity shall make changes or cause changes to be made in the surface of any land by clearing, grading, filling, or drainage alteration in the City without having first obtained a valid clearing and grading permit from the City Engineer; except for those activities that are exempt as described in Section 15.28.040. -77- B. Permits are not transferable, unless approved in writing by the City Engineer. The transfer will only be approved when the new applicant has demonstrated that it can and has complied with the conditions of the permit. 15.28.040 - Permit Exemptions. Written permit exemptions shall be issued by the City Engineer. The following shall be exempt from the permit requirements of this Chapter, provided that the exemptions set forth in Subsections G -J shall not apply in situations where properties include environmentally sensitive areas: A. Land clearing, grading, filling, sandbagging, diking, ditching, or similar work during or after periods of extreme weather or other emergency conditions which have created situations such as flooding or high fire danger that present an immediate danger to life or property; B. Land clearing necessitated by order of the City Council related to the abatement of a public nuisance, where the work is administered by the City; C. The removal of dead trees or of diseased or damaged trees which constitute a hazard to life or property as described in 15.28.090(G); D. The clearing by a public agency or a franchised utility within a public right-of-way or upon an easement, for the purpose of installing and maintaining water, storm, sewer, power, cable, or communication lines; E. Cemetery graves; F. Non-destructive vegetation trimming with proper removal and disposal of debris. G. Land that is one acre or less, except where an adjacent area under the same ownership or chain of ownership has been similarly exempted so that the combined area is greater than one acre and erosion control has not been re-established; H. If a building permit is issued, no additional clearing, grading, or filling permit or associated fee will be required; provided that the standards established in this Chapter and pursuant hereto shall be applied to the issuance of said building permit; I. Developments larger than one acre in improved areas served by paved streets, curbs, gutters, storm drains, and other drainage facilities; J. Work, when approved by the City Engineer, in an isolated, self-contained area, if there is no danger to private or public property. 15.28.050 - Permit Application. An application for a clearing and grading permit shall be submitted on a form provided by the City and identifying the property and owner. Other information may be required by the City Engineer to carry out the provisions of this Chapter. 15.28.060 - Plans and Specifications. Each application shall be accompanied by a minimum of three (3) sets of plans and specifications, including calculations. The plans and specifications shall be prepared by a person familiar with the site. For more complicated sites, the City Engineer may require that the plans and specifications be prepared by an appropriate qualified professional who shall have his/her signature and stamp affixed to each set. The plans and specifications may include the appropriate information from the following: A. An accurate plan of the entire site as it exists at the time of the application, which includes: 1. All property lines; -78- 2. Contours over the entire site (five-foot contour intervals are standard, but other intervals may be required in specific circumstances); 3. The date, basis, and datum of the contours; 4. A graphic representation of existing vegetation on the site designated by its common names, the amount of bare ground, and the amount and type of impervious material (rock and artificial); 5. The location of all existing drainage facilities, natural and man-made; 6. The location and estimated capacity of any areas which impound surface water; 7. The location and estimated discharge of all visible springs; 8. The location of all structures, utilities, and their appurtenances, including structures and utilities on adjacent properties when such information is reasonably available; 9. Date, north arrow, and adequate scale as approved by the City Engineer on all maps and plans; 10. Identification of and mitigation measures for on-site areas which are subject to severe erosion, and off-site areas which are especially vulnerable to damage from erosion and/or sedimentation. B. The proposed work schedule, which details the following: 1. Sequence for clearing, grading, filling, drainage alteration, and other land - disturbing activities; 2. On-site soil or earth material storage locations and source of import materials, and location of the site where spoils will be disposed; 3. Schedule for installation and removal of all interim erosion and sediment control measures, including vegetative measures; 4. Schedule for construction of final improvements, if any; 5. Schedule for the installation of required permanent erosion and sediment control devices; 6. An outline of the methods to be used in clearing vegetation and in storing and disposing of the cleared vegetative matter. C. An accurate finished grading plan of the entire site as it would appear after the completion of work covered by the permit, showing the following: 1. The finished contours achieved by grading (at the same intervals as the existing contours) 2. The boundaries of all areas to remain undisturbed, and identification and the location of all other vegetation shown on the plan that will remain after the completion of work; 3. Drainage and related facilities to be constructed with and as a part of the proposed work; 4. Boundaries of all areas where surface water runoff will be retained, detained, or infiltrated; 5. The method for discharging surface water off-site, including the provisions required to control the velocity and direction of discharge to protect downstream properties; 6. The location of building setback lines, and approximate limits of cuts and fills, including but not limited to foundations, retaining walls, and driveways; 7. Location and dimensions of buffer zones and other areas to be maintained or established; -79- 8. The location and description of proposed erosion and sedimentation control devices or structures and schedule of maintenance; 9. Off-site grading shall be noted on the plans, and a dated letter of permission from the property owner of the land affected shall be provided and noted on the plans. 15 28.070 - Additional Application Information. The City Engineer may require the applicant to submit additional information when he finds the submitted plans and specifications and associated information are not clear enough to allow for an adequate determination, or when special conditions are found to exist which require specific explanation. This additional information may include, but is not limited to, the following: A. Hydrologic and hydraulic computations of expected storm runoff entering and leaving the site for pre- and post -development conditions; B. Engineering geology and soils reports as needed for hydrology, hydraulics, and erosion control design; C. Erosion and Sediment Control Plan and supporting calculations; D. An engineer's cost estimate of the drainage facilities and final erosion and sediment control when such information is necessary for bonding purposes; E. Inspection and maintenance agreement; F. Letters of Permission: Off-site grading shall be supported by a dated letter of permission from the affected property owner(s); G. A copy of the Hydraulic Permit Application issued by the Washington Sate Department of Fisheries, if it is required. 15.28.080 - Review Criteria. The City Engineer shall review the permit application for compliance with all City ordinances, adopted standards, requested additional data, and Comprehensive Plans. 15.28.090 - Standards. No land -disturbing activity subject to the control of this Chapter shall be undertaken except in accordance with the following mandatory standards: A. Protection of property: Persons and entities conducting land -disturbing activities shall take all reasonable measures to protect all public and private property from damage caused by such activities. B. Wetland buffers ane: No land -disturbing activity shall be permitted in an approved wetland buffers zm-re, except as otherwise allowed by applicable laws and permits. C. Graded slopes and fills: The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures. D. Ground cover: No land -disturbing activity shall be undertaken until installation of sufficient erosion and sediment control devices to retain the sediment generated by the activity within the boundaries of the tract during construction upon and development of said tract. Plantings or a permanent ground cover shall be provided immediately after completion of grading to sufficiently restrain erosion. E. Use of vegetative measures: Vegetation measures using native plants shall be used for erosion and sediment control wherever feasible, rather than structural measures such as pipes, structures, or other devices. poses of 6F. Environmentally sensitive areas: Construction within environmentally sensitive areas shall be in compliance with Chapter 15.20 PAMC Environmentally Sensitive Areas Protection Ordinance and shall be subject to the review of the Planning Director. Q. Removal of dead or diseased trees from environmentally sensitive areas or buffers is allowed provided that: 1. The applicant submits a report from a certified arborist registered landsca e architect or professional forester or arborist that documents the hazard and provides a replanting schedule for the replacement trees; limbing and crown thinning, unless otherwise 2. Tree cutting shall be limited to justified by a qualified rofessional. Where li nbing or crown thinning is not sufficient to address the hazard trees should be reduced in height to remove the hazard rather than cut at or near the base of the tree 3. All vegetation cut (tree stems branches tops etc) shall be left within the environmentally sensitive area or buffer unless removal is warranted due to the potential for disease transmittal to other healthy vegetation or the environmentally sensitive area is a steep slope or marine bluff. 4. The landowner shall replace any trees that are felled or topped with new trees at a ratio of two replacement trees for each tree felled or topped (2.1) within one (1) year in accordance with an approved restoration plan Tree species that are native and indigenous to the site and a minimum caliper of two (2) inches shall be used; 5. If a tree to be removed provides critical habitat such as an eagle perch, a _qualified professional wildlife biologist shall be consulted to determine timing and methods or removal that will minimize impacts, and 6. Hazard trees determined to pose an imminent threat or danger to public health or safety,or to public orprivate property, or serious environmental degradation may be removed or pruned by the landowner prior to receiving written approval from the City of Port Angeles rovided that within fourteen 14 da s following such action the landowner shall submit a restoration plan that demonstrates compliance with the provisions of this Title. 15.28. 100 - Conditions. In granting any clearing and grading permit, the City Engineer may attach the conditions reasonably necessary to prevent erosion and sedimentation. Such conditions may include, but are not limited to, installing walls, swales, drains, retention facilities, or other structures; planting appropriate vegetation; installing erosion and sediment control measures or devices; furnishing necessary letters of permission and/or easements; and specifying method of performing the work. Such items must be identified on the approved grading, erosion, and sediment control or other required plans. In addition, the following shall be conditions of all permits: A. Notify the City forty-eight (48) hours before commencing any land -disturbing activity. -81- B. Notify the City of completion of any control measures within forty-eight (48) hours after their completion. C. Obtain permission in writing from the City prior to modifying any of the plans. D. Install all control measures as identified in the approved plans. E. Maintain all road drainage systems, stormwater drainage systems, control measures, and other facilities identified in the plans. F. Repair siltation or erosion damage to adjoining surfaces and drainage ways resulting from land developing or disturbing activities. G. Inspect the erosion construction control measures at least once each week during construction after each rain of 0.5 inches or more (over a 24-hour period), and immediately make any needed repairs. H. Allow the City to enter the site for the purpose of inspecting compliance with the plans or for performing any work necessary to bring the site into compliance with the plans. I. Keep an up-to-date, approved copy of the plans on the site. J. Ensure that all workmanship and materials are in accordance with City standards and the most recent edition of the Washington State Specifications for Road, Bridge, and Municipal Construction. 15.28.110 -Maintenance Responsibilities. A maintenance schedule of constructed private facilities shall be developed for facilities constructed and measures implemented pursuant to this Chapter. The schedule shall set forth the maintenance to be completed, the time period for completion, and who shall perform the maintenance. The schedule shall be included with all required plans and permits and shall be recorded by the property owner or agent with the County Auditor so that maintenance responsibilities attach to the property and shall be the duty of the property owner(s). 15.28.120 - Permit Issuance - Expiration - Extension. A. A clearing and grading permit shall be issued only after compliance with the requirements of this Chapter and the deposit with the City Treasurer of permit fees for plan review, inspection, and related expenses as required pursuant to PAMC 15.28.130 B. Any permit granted under this Chapter shall expire one (1) year from the date of issuance; provided, however, that the City Engineer may set specific limits to the permit if it is advisable to do so. Upon a showing of good cause, a permit may be extended for one (1) twelve-month period. 15.28.130 - Permit Fees. There shall be a non-refundable fee as set forth in Chapter 3.70 PAMC in the amount necessary to compensate the City for the expense of reviewing and processing plans, conducting inspections, providing for outside consulting services, and other services determined to be necessary for the administration and enforcement of the provisions of this Chapter. Such fees shall only apply when plans or other documentation are required to be submitted with permit applications for grading and filling or clearing and drainage activity, and no building permit including such activities has been issued. The permit fee shall be paid at the time of submitting plans and other documentation for review. After approval of the plans and specifications, the City Engineer shall provide the applicant with an estimate of the construction inspection fee, based upon the inspections which will be necessary as listed in 15.28.160 PAMC. Such inspection fee shall be separate from the above plan review fees. A aim permit for construction will be issued only after the deposit of the inspection fee has been made with the City Treasurer. If the City Engineer determines that the remaining funds on deposit are not adequate to pay for the inspections required for project completion, the applicant will be so notified and provided with an estimate of the amount of additional fee deposit required. This additional fee shall be deposited with the City Treasurer prior to depletion of the funds on deposit. Any monies unexpended from the deposit shall be refunded to the depositor upon final completion and acceptance of the project. The basis of the estimate shall be as set forth in Chapter 3.70 PAMC. 15 28.140 - Security. The City Engineer may require the applicant to furnish security in the form of a bond, cash escrow account, an irrevocable letter of credit, or other security which may be acceptable to the City in its sole discretion, in an amount determined by the City Engineer to be sufficient to reimburse the City if it should be come necessary for the City to enter the property to correct hazardous conditions relating to soil stability, erosion, or environmental damage caused by failure to complete the work or improper action. 15.28.150 - Insurance. If, in the opinion of the City Engineer, the nature of the work is such that it may create a hazard to human life or endanger streams or public or private property, then the City Engineer may, before issuing the permit, require that the applicant file a certificate of insurance. The certificate must provide to the City satisfactory proof of the existence of a comprehensive liability insurance policy, in an amount and form determined necessary by the City Engineer or the City Attorney, but in no event providing coverage of less than two hundred thousand dollars ($200,000) for personal injury to any one person, five hundred thousand dollars ($500,000) for injury to more than one person arising out of the same incident, and one hundred thousand dollars ($100,000) for property damage, against claims arising pursuant to permits issued under this Chapter, whether the performance be by the applicant, a subcontractor of the applicant, or any person directly or indirectly employed by the applicant. Additional amounts of insurance may be required by the City Engineer in accordance with the nature of the risks involved. Insurance must be written by a company licensed to do business in the State of Washington. 15 28 160 - Inspections. A. All projects which include clearing, grading, filling, or drainage shall be subject to inspection by the City Engineer or his designee, who shall be granted reasonable right of entry to the work site by the permittee. When required by the City Engineer, special inspection of the grading operations and special testing shall be performed by qualified professionals employed by the permittee. Inspections in conjunction with Hydraulic Permits will be performed and enforced by the Washington State Department of Fisheries or Wildlife. B. Each site that has approved grading, erosion and sediment control or other required plans must be inspected as necessary to ensure that the sediment control measures are installed and effectively maintained in compliance with the approved plan and permit requirements. Where applicable, the permittee must obtain inspection by the City at the following stages: 1. Following the installation of sediment control measures or practices and prior to any other land -disturbing activity; 2. During the construction of sediment basins or stormwater management structures; -83 - 3. During rough grading, including hauling of imported or wasted materials; 4. Prior to the removal or modification of any sediment control measure or facility; and 5. Upon completion of final grading, including establishment of ground covers and planting, installation of all vegetative measures, and all other work in accordance with an approved plan or permit. C. The permittee may secure the services of an engineer, subject to the approval of the City Engineer, to inspect the construction of the facilities and provide the City with a fully documented certification that all construction is done in accordance with the provisions of an approved, grading, erosion and sedimentation control or other required plan, applicable rules, regulations, permit conditions, and specifications. If inspection certification is provided to the City, then the normal inspections performed by the City for the permit may be waived. In these cases, the City shall be notified at the required inspection points and may make spot inspections. 15.28.170 - Suspension of Permits. The City Engineer may suspend or revoke a permit I or issue a stop work order, whenever he determines that: A. The act or intended act of clearing, grading, or filling has become or will constitute a hazard to persons; endangers property; adversely affects the safety, use or stability of any public way, drainage facility, stream or surface water, including siltation and sedimentation; B. The permittee has violated a provision of the permit or of this Chapter or other City ordinances; C. There are changes in site runoff characteristics upon which a waiver was granted or permit was approved; D. Construction is not in accordance with the approved plans and specifications; E. Noncompliance with correction notice(s) or stop work order(s) issued for erosion or sediment controls. 15.28.180 - Completion of Work. A. Construction Changes. Whenever changes must be made to the original, approved plan, the changes shall be submitted to and approved by the City Engineer in advance of the construction of those changes. B. Final Reports. Upon completion of the rough grading and at the final completion of the work, the City Engineer may require the following reports, drawings, and supplements thereto to be prepared and submitted by the owner and/or an appropriate qualified professional approved by the City Engineer: 1. An as -built grading plan, including original ground surface elevations, final surface elevations, lot drainage patterns, and locations and elevations of all surface and subsurface drainage facilities. 2. A soils grading and/or geologic grading report, including locations and elevations of field density tests and geologic features, summaries of field and other laboratory tests, and other substantiating data and comments or any other changes made during grading and their effect on the recommendations made in the approved grading plan. C. Notification of Completion. The permittee or his/her agent shall notify the City Engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work has been completed in accordance with the final approved grading, erosion SM and sedimentation control, and other required plans, and the required reports have been submitted and accepted. 15 28 190 - Posting of Permit. No work shall commence until a permit has been posted by the applicant on the subject site at a conspicuous location. The permit shall remain posted until the project has been completed and final inspection approved. 15.28.200 - Administration and Enforcement. The City Engineer is authorized and directed to administer and enforce the provisions of this Chapter. For such purpose, he shall have the powers as detailed in PAMC 14.01.060 of a police officer and may appoint and deputize such officers, inspectors, assistants, and other employees as may be necessary to carry out the duties and functions of his office and to provide technical data for plans and on-site follow-up inspections to assure implementation ofrequired plans and specifications; except that enforcement of Hydraulic Permits shall be performed by the Department of Fisheries. 15.28.210 -Appeals. Any person or persons aggrieved by any action of the City Engineer pursuant to the provisions of this Chapter may file an appeal with the Construction Code Board of Appeals as set forth in Chapter 14.01 PAMC. 15 28 220 - Clearing and Grading Rules and Guidelines. Clearing and grading and related storm water management and administrative rules and guidelines shall be developed, updated, administered, enforced, and may be appealed in the same manner as the Urban Services Standards and Guidelines as set forth in PAMC 18.08.130. These rules and regulations shall be filed with the City Clerk, and shall be made available to the general public. Such rules and guidelines shall apply to all clearing, grading, filling, and drainage activities in the City, including activities for which permits are required and activities which are exempt from the permit requirements of this Chapter. 15.28.230 - Other Laws. A. Whenever conflicts exist between Federal, State, or local laws, ordinances, or rules, the more restrictive provision shall apply. B. Neither this Chapter nor any administrative decision made under it: 1. Exempts the permittee from procuring other required permits or complying with the requirements and conditions of such a permit; or 2. Limits the right of any person to maintain against the permittee at any time, any appropriate action, at law or in equity, for relief from damages caused by the permittee arising from the permitted activity. 15.28.240 - Removal of DirtDebris or Other Material,• Sanctions. A. Whenever property damage is occurring or imminent as a result of an activity inconsistent with the purpose and intent of this Chapter, as determined by the City Engineer, the offending person, company, or firm shall, after notice of clean-up by the City Engineer, remove such material or make necessary revisions, as instructed by the City Engineer, to remove the cause of the offending activity. B. If the person, company, or firm does not take the action ordered by the City Engineer, such offending party shall be guilty of a civil infraction and shall be punished as set -85- forth in Section 15.28.260. In addition, the City Engineer may cause the debris and other materials to be cleaned up and/or the activity altered. All expenses of such work, including the costs of litigation, if necessary, and administrative costs shall be chargeable to the owner or other person having charge of or having ordered the activity. 15.28.250 - Public Nuisance. Any violation of the provisions of this Chapter is declared to be a public nuisance and may be abated through proceedings for injunction or similar relief in superior court or other court of competent jurisdiction. 15.28.260 - Penalty. Any person, firm, or corporation, violating any of the provisions of this Chapter, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter is committed, continued, or permitted. Each such offense shall be punishable by a maximum civil fine of Five Hundred Dollars ($500). Section 6. Ordinance 1631, as amended, and Title 16, Subdivisions, shall be amended by amending Chapter 16.08 PAMC, Subdivision Regulations, in its entirety to read as follows: Sections 16.08.010 16.08.020 16.08.030 16.08.040 16.08.045 16.08.050 16.08.060 16.08.070 16.08.080 16.08.090 16.08.095 16.08.100 16.08.110 CHAPTER 16.08 SUBDIVISION REGULATIONS Purpose and Intent. Authority and Jurisdiction. Definitions. Applicability. Parcels Traversed by Public Ways. Procedure. Standards and Policies. Requirements for Acceptance of Plats. Variances. Validity. Agreements to Transfer Land Conditioned on Final Plat Approval - Authorized. Enforcement and Penalties. Plat Occupancy. 16.08.010 - Purpose and Intent. A. PURPOSE. Land subdivision is the first step in the process of community development. Once land has been cut up into streets, lots, and blocks and has been publicly recorded, the correction of defects is costly and difficult. It is therefore in the interest of the public, the developer, and future property owners that subdivisions be designed and developed in accordance with sound rules and proper minimum standards. The purpose of this Chapter is to provide uniform regulations for the subdivision and resubdivision of land into five or more parcels, so as to promote the public health, safety and general welfare. It is further the purpose of this Chapter to implement the requirements of the Growth Management Act of 1990 through the goals, policies, and objectives of the Comprehensive Plan of the City, to comply with the requirements of the Zoning Code and Urban Services Ordinance of the City, to ensure orderly growth consistent with the desired urban design of the City, to promote effective and energy-efficient use of land, to prevent over- crowding of land, to provide for adequate light and air, to promote safe and convenient travel and lessen congestion on streets and highways, to provide for proper ingress and egress, to ensure adequate provision for open spaces, drainage ways, transit stops, potable water supplies, sanitary wastes, parks and recreation areas, playgrounds, schools and school grounds, sidewalks and safe walking conditions on school routes, and other public requirements, to require uniform monumenting of land subdivisions and conveyancing by accurate legal description, and to prevent the creation of public nuisances. B. INTENT. It is the intent of these regulations to provide the minimum controls required to ensure that all platting and subdivision of land in the City of Port Angeles shall be in the public interest and shall meet minimum standards of public health and public safety. 16 08 020 - Authority and Jurisdiction. A. AUTHORITY. The Planning Commission is designated and assigned the administrative and coordinating responsibilities contained herein, pursuant to the Laws of the State of Washington, for the recommendation of approval or disapproval of plats, subdivisions and dedications. B. JURISDICTION. The City Council shall appoint a person who shall have the authority, duties and responsibilities of Subdivision Administrator for the City of Port Angeles. 16.08.030 - Definitions. A. ACCESS STREET - A street with the main function ofproviding access to adjacent properties or for local traffic. B. BUFFER STRIP - An area or strip of land located and planted with trees and shrubs to provide a screen between conflicting land uses. (Parks, playgrounds and the site of public buildings are sometimes used as a buffer.) C. COLLECTOR ARTERIAL STREET - A street which provides for movement within the smaller areas which are often definable neighborhoods and may be bound by higher class (minor or principal) arterials. Collector arterials serve very little "through traffic" but serve a high portion of local traffic requiring direct access to abutting land uses. D. COMMISSION - The City of Port Angeles Planning Commission. E. COMMUNITY DEVELOPMENT DEPARTMENT OR DEPARTMENT - The City of Port Angeles Community Development Department. F. COMPREHENSIVE PLAN - A Comprehensive Plan adopted by the Council in compliance with the Growth Management Act of 1990 and which indicates the general locations recommended for residential, commercial, and industrial land uses or zones and for streets, parks, public buildings, and other public improvements. The Comprehensive Plan includes all -87- its Appendices and individual comprehensive service and facility plans such as the Capital Facilities Plan, the Comprehensive Water Plan and the Comprehensive Parks Plan. G. COUNCIL - Port Angeles City Council. H. CROSSWALK -WAY - A right-of-way dedicated to public use, ten feet or more in width, which cuts across a block to facilitate pedestrian access to adjacent streets and properties. I. CUL-DE-SAC - (Court or Dead End Street) - A short street having one end open to traffic and being permanently terminated by a vehicle turn -around. J. DEDICATION - The deliberate appropriation of land by an owner for public uses, reserving to the owner no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final subdivision plat showing the dedication thereon. Acceptance of the dedication by the City shall be evidenced by the approval of such final subdivision plat. K. DESIRED URBAN DESIGN OF THE CITY - The land use pattern and street system as described by the Comprehensive Plan land use map and policies, the zoning map and regulations, the subdivision regulations, and the Urban Services Standards and Guidelines. L. EASEMENT - A grant by the property owner of the use of a strip of land by the public, a corporation, or persons for specific purposes. M. FINAL PLAT - The final drawing of the subdivision and dedication prepared for filing for record with the County Auditor and containing all elements and requirements set forth in this Chapter. N. IMPROVEMENTS - Streets, with or without curb or gutter, sidewalks, crosswalk - ways, water mains, sanitary and storm sewers, street trees, power and other appropriate items. O. LOT - A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development. P. LOT FRONT - Unless otherwise specified on a plat, the narrow width of a lot which abuts a public street shall be considered the front of said lot. Q. MINOR ARTERIAL STREET - A street which provides for movement within the large sub -parts prescribed by principal arterials. Minor arterials may also serve "through traffic" but provide much more direct service to abutting land uses than principal arterials. R. OWNER - A person, firm, association, partnership, private corporation, public or quasi -public corporation, or any combination thereof. S. PLANNED RESIDENTIAL DEVELOPMENT (PRD) - A planned residential development is a site specific development which has been approved by the City Council under the provisions of Chapter 17.19 of the Port Angeles Municipal Code. It may include a subdivision of land in which residential lots are designed in clusters of individual lots with park and open space areas between clusters and in which lots may be below the minimum lot widths and lot areas required by the Zoning Code. T. PRELIMINARY PLAT - An approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of the subdivision consistent with the requirements of this Chapter. U. PRINCIPAL ARTERIAL STREET - A street which provides for movement across and between large sub -parts of an urban region and serve predominantly "through trips" with minimum direct service to abutting land uses. V. STREET - A right-of-way, dedicated to public use, which provides vehicular and pedestrian access to adjacent properties. WI -1-110 W. SKETCH - A drawing showing proposed lot -layout, building line setbacks and proposed locations and width of streets, width and area of each lot, sanitary and storm drainage. X. SUBDIVIDER - DEVELOPER - A person who undertakes the subdividing or the resubdividing of a lot, tract or parcel of land into two or more lots or other divisions of land for the purpose, immediate or future, of transfer of ownership or development, including all changes in street or lot lines. Y. SUBDIVISION - The division or redivision of land into five or more lots, tracts, parcels, sites, or division for the purpose of sale, lease, or transfer of ownership. 16.08.040 - Applicability. A final subdivision, approved in accordance with the provisions of this Chapter and filed with the County Auditor, is required for all subdivisions within the City, and no lot, tract, or parcel within any subdivision shall be sold, leased transferred, redivided, altered, or vacated without compliance with the terms of this Chapter. 16 08 045 - Parcels Traversed by Public Ways. Public streets, roads, highways, alleys, and other public ways, which traverse a parcel of land under one ownership, will be considered to have divided that land into non-contiguous pieces without further need for complying with subdivision requirements. 16.08.050 - Procedure A. PRELIMINARY STEPS. The developer shall submit a sketch of a proposed subdivision of land to the Community Development 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 Community Development Department. The amount of the filing fee shall be as established by ordinance and set forth in Chapter 3.70 PAMC. The Community Development 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 Community Development Department at least thirty (30) days prior to the public hearing of the 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 ofthe 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 recommend either approval or denial thereon to the City Council. Within a period of ninety (90) days after a preliminary plat has been submitted to the Community Development 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 Community Development Department shall notify the developer regarding changes required and the type and extent of improvements to be made. A copy of the City Council'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: 1. Actual installation of the required improvements, to the satisfaction and approval of the City Engineer; 2. 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, or 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 Community Development Department stating that the developer has completed the required improvements in accordance with PAMC 16.08.070 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 submitted to the Community Development Department within five years after City Council approval of the Preliminary plat. Said preliminary approval shall become void unless a Final plat is submitted and approved by the City. 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 Community Development Department at least fourteen days prior to the meeting in which the Final plat is to be considered by the Planning 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 recommends approval of the Final plat, the Chairperson shall sign the Final tracing. .M Following the recommendation of approval of the Final plat by the Planning Commission, the Community Development Department shall obtain the signatures of the County Health Officer (when required by the Commission), City Clerk, City Manager, Fire Chief, Director of Public Works and Utilities, Community Development Director, and City Attorney on the 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 location on the site. Within thirty (3 0) 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 Community Development Department with the consent of the applicant. The developer shall have the 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 Community Development Department 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 City shall be withheld until said Director or his assistant has made a report to the City. 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 aggrieved property owner of the county having jurisdiction thereof. 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. 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 City Council or the Planning 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, the Urban Services Ordinance, the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130, and the standards and requirements of this Chapter. 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 unless each lot shall abut on a dedicated, improved, and maintained City street and 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 PAMC 18.08.040 and 18.08.130. If any existing rights-of-way abutting the property being subdivided do not meet minimum width standards, additional right-of-way shall be required in accordance with the -91- 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. 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. Sidewalks, pedestrian walkways, and other planning features that intended to assure safe walking conditions for students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and 58.17.110. The Planning Commission may require plats to provide areas for parks, playgrounds, open spaces, recreation facilities, schools, school grounds, transit stops, and drainage ways. Each proposed subdivision and the ultimate use of the land therein shall be in the interests ofpublic health, safety and welfare, and subdividers shall be prepared to present evidence to this effect when requested by the City. 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 Zoning 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 recommend denial 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 ofthe 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 Community Development Director. C. STREETS. 1. The arrangement, character, extent, width, grade and location of all streets shall conform with the Comprehensive Plan, the Capital Facilities Plan, the Urban Services -92- Ordinance, and the 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 streets in the surrounding area; or shall conform to a street plan for the neighborhood, approved by the City, to meet a particular situation where topographic or other conditions make continuance or conformance to existing streets impracticable. This shall also apply to cluster subdivisions. 3. If a street plan for an area has been made by the City, 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 and with streets in the surrounding area. 5. Where a tract is subdivided into lots or tracts larger in area than twice the minimum lot size, the City 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. Where a proposed subdivision abuts or contains an existing or proposed arterial street of or is adjacent to an existing or planned business, commercial or industrial district, the City 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. 7. Where a subdivision borders or contains a railroad or limited access highway right-of-way, the City 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. 8. Streets shall be laid out so as to intersect as nearly as possible at right angles. Acute angle intersection shall be avoided. 9. There shall be no reserve strips controlling access to roads, except where the control of such strips is definitely placed with the City under conditions approved by the Commission. 10. Sidewalks, pedestrianwalkways, and other planning features that intended to assure safe walking conditions for students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and 58.17.110. D. BLOCKS. 1. The lengths, widths and shapes ofblocks shall be determined with due 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 other environmental constraints,. needs for convenient access, circulation, control and safety of vehicular and pedestrian traffic, and the desired urban design of the City. 2. Where the local access streets follow a grid system, the width of blocks shall be sufficient for two tiers of lots, unless existing conditions are such, in the judgment of the City, to render such requirements undesirable or impractical. -93- 3. Where the local access streets follow a curvilinear system, the size of blocks should follow the large rectangular area bounded by arterial streets, unless future considerations are such that, in the judgment of the City, will render such allowances undesirable or impractical. 4. For residential subdivisions, where frontage is on an arterial, the short dimension of the block should front the arterial. 5. Pedestrian crosswalk and sidewalks shall be required where deemed essential to provide circulation or access to schools, playgrounds and parks, shopping areas, arterial streets and trails, 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 ofthe subdivision, for the type of development and land use contemplated, and for the type of street systems planned for the area, 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 three times its width. 3. Corner 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 direct access to an existing public street that is improved to City street standards. 5. Double frontage and reverse frontage lots shall be avoided, except where essential to provide separation of residential development from arterial streets 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 principal arterial street or disadvantageous use. 6. Side lot lines shall be substantially at right angles or radial to street lines and front lot lines. 7. No lot or lots for residential purposes shall be divided or sold into additional lots or building sites, without compliance with Title 16 PAMC. 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 City may require the dedication or reservation of such area within the subdivision in those cases in which the City deems such requirement to be reasonable. 2. Where deemed essential by the City due to the location ofthe subdivision and upon consideration of the particular type of development proposed in the subdivision, and especially in subdivisions of 30 lots or more, the City may require the dedication or reservation of such areas or sites of a character, extent and location suitable to the needs created by such large subdivisions 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. -94- 1. Utility easements shall be provided, centered on front, rear, or side lot lines, where possible. 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 construction, 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 the Public Works & Utilities Department. I. DIMENSIONAL STANDARDS. Variations from and exceptions to the following standards may be made by the City, where topographic or other existing conditions make adherence to these Regulations impractical. J. 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. K. BLOCKS. 1. Maximum length of all blocks shall be approximately twelve hundred (1200) feet. 2. Minimum length of all blocks shall be approximately five hundred (500) feet. 3. Crosswalks may be required near the middle of all blocks longer than approximately eight hundred (800) feet. 4. Minimum width of all blocks with two tiers of lots (plus width of alley, if any), shall be three hundred (300) feet. 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 approved by the City is more restrictive than the said Regulations, then the most restrictive dimension shall apply. 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 sewer, and storm drainage pipes shall be as set forth in the Comprehensive Plan, Urban Services Ordinance, the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. O. PROCEDURE FOR REIMBURSEMENT Procedures for reimbursement shall be the same as that set forth in Section 13.68.140 PAMC. P. 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 location in conformance with the development standards of a particular zone. 16.08.070 - Requirements for Acceptance of Plats. -95- A. DATA REQUIRED FOR APPROVAL OF PRELIMINARY PLAT. 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: 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 of the owners, date, scale, north arrow. 11. The legal description of the proposed lots. 12. Ownership of unsubdivided land adjacent to the proposed subdivision and names of adjoining existing plats. 13. The required building setbacks and any existing buildings and/or major structures shall be shown for each proposed lot as well as 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 street and utility improvements must be designed to comply with the current APWA standards and as specified by the City Engineer and with 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. Plans and specifications for street and utility improvements must be approved by the City Engineer prior to the beginning of construction. Minimum improvements shall be as follows: C. STREETS. 1. The entire right-of-way shall be cleared and grubbed of all objectionable materials. Trees approved by the City for preservation shall be identified. MEM 2. Streets shall be graded and improved with paving, curbs and gutters, drainage and sidewalks and pedestrianwalkways 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, 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. E. PARKS. Parks and recreation shall be provided consistent with 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. F STREETSCAPE IMPROVEMENTS. 1niii;,ii,ii mid give aLJLU 1. Street Trees. HStreet trees are to shall be planted within a planting strip in the right -of -war, of arterial streets. tircir�Proposed locations and species to be used -me to shall be submitted for review and approval by the City. The City can assist the subdivider in location of trees and species to use under varying conditions. Street trees area protection against excessive heat and glare enhance the attractiveness and value of ab itting and reduce the amount of stormwater runoff. 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 corners. 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 and any existing buildings and/or major structures shall be shown for each proposed lot as well as their distances from property lines. -97- 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 of the land to be platted; 13 The legal description of the proposed lots 14. Certification by registered land surveyor as to the accuracy ofplat 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) Director of Public Works and Utilities; (c) Health Department (when required); (d) City Council; (e) City Manager, City Clerk, Fire Chief, Community Development 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 deferred 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." 16.08.080 - Variances and Modifications. Where the City finds that extraordinary hardship may result from strict compliance with these Regulations, it may vary the Regulations so that substantial justice may be done and the public interest secured; provided that such variance will not have the effect of nullifying the intent and purpose of the Comprehensive Plan or these Regulations. The standards and requirements of these Regulations maybe modified by the City through a Planned Residential Development which in the judgment of the Commission or the Council will provide adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated, and which also will provide such covenants or other legal provisions as will assure conformity with and achievement of the plan. In granting variances and modifications, the City may require such conditions as, in its judgment, will secure substantially the objectives of the standards or requirements so varied or modified. 16.08.090 - Validity. Should any section, subsection, paragraph, sentence, clause or phrase of these Regulations be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of these Regulations. 16 08 095 - Agreements to Transfer Land Conditioned on Final Plat Approval - Authorized. If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary plat approval is expressly conditioned on the recording of the final plat containing the lot, tract, or parcel under this Chapter, the offer or agreement is not subject to PAMC 16.08.100 and does not violate any provision of this Chapter. All payments on account of an offer or agreement conditioned as provided in this Section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded. 16.08.100 - Enforcement and Penalties. Within any twelve-month period of time, any person, firm or corporation that has platted, subdivided or divided any parcel of land or property in two (2) or more lots or tracts, each of which is five (5) acres or less in area, for the purpose of providing building sites, and has failed to comply with the provisions of these Regulations, shall be subject to a fine not to exceed one hundred ($100.00) dollars for each lot or tract, or imprisonment in jail for a period not to exceed thirty (3 0) days, or both. Any person, firm or corporation who agrees to transfer, sell or option to sell any lot or tract by reference to a plat or map of a subdivision or division, before such plat has been filed for record in the office of the County Auditor, shall pay a penalty of one hundred ($100.00) 1 dollars for each lot or tract transferred, sold, or optioned to be sold. Description of such lots or tracts by metes and bounds in the instrument of transfer shall not exempt the transaction from such penalty. The Community Development Department shall refer violations to the City Attorney for appropriate action to enforce these penalties 16.08.110 - Plat Occupancy. If the developer of a plat elects to assign savings or provide other security or trust approved by the City and thereby assure that the installation of the required improvements for final plat approval will be done to the satisfaction and approval of the City Engineer, building permits for the construction of houses within the plat will be issued to the developer subject to the following conditions: 1. The final plat must have received all required approvals and be recorded with the County Auditor. 2. No occupancy of any dwelling units will be allowed until all street and utility improvements have been completed and approved by the City Engineer. Section 7. Severability. If any provisions of this Ordinance or its applications to any person or circumstances is held to be invalid, the remainder of the Ordinance or application of the provisions of the Ordinance to other persons or circumstances is not affected. Section 8. Effective Date This Ordinance shall take effect five days after its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of November, 2004. ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: By Summary MAYOR G:1Legal_Backup\ORDINANCES&RESOLUTIONS\2004-24.DevelopmentRegs-Chapter 14-16.102604.wpd October 28, 2004 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending and updating the City's development regulations to be consistent with the City's revised Comprehensive Plan by amending portions of the Zoning Code, Title 17, of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES do hereby ordain as follows: Whereas, a revised Comprehensive Plan was adopted by the City Council on June 14, 2004; and Whereas, the City's development regulations need to be amended and updated to be consistent with the City's revised Comprehensive Plan. NOW, THEREFORE, THE CITY COUNCIL OF PORT ANGELES, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance 1709, as amended, and a portion of Title 17, Zoning Code, are hereby amended to read as follows: Chapters: 17.01 Purpose and Scope 17.03 Establishing Mapped Zones and Regulations 17.08 Rules and Definitions 17.10 RS -7 - Residential Single Family (7.000 sq. ft.) 17.11 RS -9 - Residential Single Family (9,000 Sq. U 17.12 RS -11 - Residential, Single Family (11,000) s. ft.) 17.13 RTP - Residential Trailer Park 17.14 RMD - Residential Medium Density 17.15 RHD - Residential High Density 17.17 Home Occupations Permit 17.18 Bed and Breakfast Permit 17.19 PRD Planned Residential Development Overlay Zone 17.20 CO - Commercial, Office 17.21 CN - Commercial Neighborhood 17.22 CSD - Communis Shopping District 17.23 CA - Commercial, Arterial 17.24 CBD - Central Business District 17.25 CR - Commercial Regional 17.26 Retail Stand Permit -1- 17.30 IP - Industrial Park 17.31 PID - Planned Industrial Development Overlay Zone 17.32 IL - Industrial, Light 17.34 IH - Industrial, Heaw 17.35 Wrecking Yards Junk Yards Conditional Use Permit 17.36 IM - Industrial, Marine 17.40 PBP - Public Buildings and Parks 17.42 FL - Forest Lands 17.50 Adult Entertainment Uses 17.52 Wireless Telecommunications Towers and Facilities. 17.94 General Provisions Conditions and Exceptions 17.95 Special Provisions 17.96 Administration and Enforcement CHAPTER 17.01 PURPOSE AND SCOPE Sections: 17.01.010 Purpose. 17.01.010 Purpose. This Zoning Code is adopted for the following purposes: A. To implement the requirements of the State Growth Management Act of 1990 through the goals, policies, and objectives of the Port Angeles Comprehensive Plan by dividing the City into zones restricting and regulating therein the location, construction, reconstruction, alteration, and use of buildings, structures and land for residential, business, commercial, manufacturing, public, and other specified uses. B. To protect the character and maintain the stability of residential, commercial, manufacturing, and public areas within the City, and to promote the orderly and appropriate development of such areas. C. To regulate the intensity of use of lots and parcels of land, and to determine the spaces surrounding buildings necessary to provide adequate light, air, privacy, and access to property. D. To sustain natural landscapes, corridors, and habitats for fish and wildlife and to provide relief from the urban landscape within the community through the designation of open space areas. E. To limit congestion in the public streets and to protect the public health, safety, convenience, and general welfare by providing for off-street parking of motor vehicles, the loading and unloading of commercial vehicles, public transit access, and pedestrian safety. F. To establish building lines and the location ofbuildings designed for residential, commercial, manufacturing, public, or other uses within such lines G. To prevent the overcrowding of land and undue concentration of structures and to preserve existing unusual, unique, and interesting features of the natural landscape so far as is possible and appropriate in each zone by regulating the use and the bulk of buildings in relation to the land surrounding them. H. To provide protection from fire, explosion, noxious fumes, and other hazards and to maintain the quality of life in the interest ofpublic health, safety, comfort, and general welfare by establishing minimum level of service standards throughout the City. -2- I. To prevent such additions to, and alteration or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder. J. To prohibit uses, buildings, or structures which are incompatible with the character of the permitted uses within specified zones. K. To conserve the taxable value of land and buildings throughout the City. L. To encourage the preservation of historic or culturally significant sites and structures throughout the City. M. To define and to limit the powers and duties of the administrative officers and bodies as provided herein and to protect the private property rights of landowners from arbitrary, capricious, and discriminatory actions. N. To improve the variety, quality, availability, and affordability of the housing opportunities in the City. O. To avoid or mitigate significant adverse impacts such as hazardous materials, air and water pollution, noise, traffic, outside storage, large structures, and public safety problems which can be associated with specific land uses and thereby reduce conflicts between adjacent land uses. P. To identify what development should take place in each zone to accomplish the desired urban design as defined by the City's land use planning policies and regulations. 17.01.020 Purposes of Zones. The zones in this Zoning Code are established for the following purposes: A. RS -7 Zone - This is a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on standard Townsite-size lots. Uses which are compatible with and functionally related to a single family residential environment may also be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides the basic urban land use pattern for the City's single family residential neighborhoods, following a standard rectangular street grid system of 60 -foot rights-of-way for local access streets and 300 -foot by 500 -foot blocks with 50 -foot by 140 -foot lots and usually located in areas that are largely developed and closer to the center of the City. B. RS -9 Zone - This is a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on larger than standard Townsite-size lots. Uses that are compatible with and functionally related to a single family residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for a variety in the urban land use pattern for the City's single family residential neighborhoods, following a curvilinear street system of nonthrough public and private streets with irregularly shaped lots, minimum 75 -foot front lot lines, and 60 -foot rights-of-way for collector arterial streets in large rectangular blocks and usually located in outlying areas with large tracts of vacant buildable land. C. RS -11 Zone - This is a low density residential zone intended to create and preserve sub -urban sized single family residential neighborhoods consisting of predominantly single family homes on larger than standard sized Townsite-sized lots, while maintaining densities at or more than 4 dwelling units per acre. Uses that are compatible with and functionally related to a single family residential environment may be located in this zone. Because of land use impacts associated with nonresisential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for a variety in the urban land use pattern for the City's single family residential neighborhoods, following a curvilinear street system ofnonthrough public and private streets with irregularly shaped lots, minimum 75- -3- foot front lot lines. and 60 -foot rights-of-way for collector arterial streets in large rectangular blocks and usually located in outlying areas with large tracts of vacant buildable land. ED. RTP Zone - This is a medium density residential zone intended for mobile home occupancies, and the area is regarded as essentially residential in character. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's small lot, single family, mobile home parks, following an irregular urban land use pattern of private access roads and minimum 3500 square foot lots DE. RMD Zone - This is a medium density residential zone, which allows a mix of single family, duplexes and apartments at a density greater than single family neighborhoods but less than the RHD Zone. The permitted uses in the RMD Zone are also intended to be more restrictive than the RHD Zone. Commercial uses are not considered to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides for a variety in the urban land use pattern for the City's lower density multi -family residential neighborhoods (at twice the density of the City's basic single family residential neighborhoods) with direct access on an arterial street, usually located in outlying areas with large tracts of vacant buildable land, and serving as a transitional use between low density residential uses and commercial/industrial uses. EF. RHD Zone - This is a high density residential zone for multi -family structures. Compatible uses may be allowed on Conditional Use Permits, but the zone is still regarded as a residential area, where commercial enterprises are not generally felt to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's higher density multi -family residential neighborhoods (at seven times the density of the City's basic single family residential neighborhoods), following a standard rectangular street grid system of 60 -foot rights-of-way for local access streets and 300 -foot by 500 -foot blocks and usually located in areas that are largely developed and closer to the center of the City. FG. PRD Overlay Zone - This overlay zone is to provide alternative zoning regulations which permit and encourage design flexibility, conservation and protection ofnatural critical areas, and innovation in residential developments to those regulations found in the underlying zone. It is intended that a Planned Residential Development will result in a residential environment of higher quality than traditional lot -by -lot development by use of a design process which includes within the site design all the components of a residential neighborhood, such as open space, circulation, building types, and natural features, in a manner consonant with the public health, safety, and welfare. It is also intended that a Planned Residential Development may combine a number of land use decisions such as conditional use permits, rezones, and subdivisions into a single project review process to encourage timely public hearings and decisions and to provide for more open space and transitional housing densities than is required or may be permitted between single family and multi -family zones. The consolidation of permit reviews does not exempt applicant(s) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes. Few nonresidential uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with nonresidential uses. This overlay zone provides for the opportunity to create self-contained residential neighborhoods with a variety of housing choices without following a standard system of public streets and lot design and with allowances for mixed use, residential and commercial developments not usually permitted in residential zones. 6H. CO Zone - This is a commercial zone intended for those business, office, administrative, or professional uses which do not involve the retail sale of goods, but rather provide a service to clients, the provision of which does not create high traffic volumes, involve extended hours of operation, or contain impacts that would be detrimental to adjacent -4- residential areas. Commercial uses that are largely devoid of any impacts detrimental to single family residential uses are allowed. This zone provides the basic urban land use pattern for small lot, transitional uses between residential neighborhoods and commercial districts with direct access on an arterial street and design standards compatible with residential development I-II. CN Zone - This is a commercial zone intended to create and preserve areas for businesses which are of the type providing the goods and services for the day-to-day needs of the surrounding residential neighborhoods. Businesses in this zone shall occur on sites no larger than one acre and shall be located and designed to encourage both pedestrian and vehicular access and to be compatible with adjacent residential neighborhoods. Commercial uses that are largely devoid of any impacts detrimental to multi -family residential uses are allowed; gasoline service islands are conditionally permitted uses. This zone provides for a variety in the urban land use pattern for small commercial districts serving individual residential neighborhoods with direct access on an arterial street and design standards compatible with residential development. IJ. CSD Zone - This is a commercial zone oriented primarily to those businesses serving the daily needs of the surrounding residential neighborhoods but is slightly less restrictive than the CN zone and as such provides a transition area from the most restrictive commercial zones to those of lesser restrictions. Businesses in this zone may occur on sites of varying sizes and shall be located at the intersections of arterial streets of sufficient size to satisfy traffic demand and at the boundaries of neighborhoods so that more than one neighborhood may be served. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products are permitted uses. This zone provides the basic urban land use pattern for large lot, commercial uses serving much of the City with direct access on an arterial street and design standards for greater automobile and truck traffic. JK. CA Zone - This is a commercial zone intended to create and preserve areas for business serving the entire City and needing an arterial location because of the nature of the business or intensity of traffic generated by the business. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products and dry cleaning shops with hazardous materials are permitted uses. This zone provides the basic urban land use pattern for automobile oriented, commercial uses with direct access on a principal arterial street and design standards for greater automobile and truck traffic. K -L. CBD Zone - This is a commercial zone intended to strengthen and preserve the area commonly known as the Downtown for major retail, service, financial, and other commercial operations that serve the entire community, the regional market, and tourists. It is further the purpose ofthis zone to establish standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Gasoline service islands and marine fueling stations are conditionally permitted uses. This zone provides the basic urban land use pattern for high density, pedestrian oriented, commercial uses located in the center of the City with direct access to mass transit services, design standards for compatible commercial development, and support for public parking and business improvements) M. CR Zone - This is a commercial zone intended to create and nreserve areas for large land intensive commercial uses that provide retail services to a regional market. These types of commercial uses provide a multiplicity of goods and services in a single_ location and therefore require large areas for the building and parking. Such uses do not follow the basic land use pattern of the of the traditional townsite and are not typically pedestrian oriented. This zone offers vehicular access from major transportation corridors. N. IM Zone This is an industrial zone intended to preserve industrial areas in the harbor for marine industrial uses which are characterized as water dependent or water related. -5- Because there is a very limited amount of shorelands adjacent to the Port Angeles Harbor, a zone that allows for mixed uses that do not adversely impact each other can maximize potential water dependent water related and water enjoyment uses of the harbor without excluding either industrial or nonindustrial uses being intermixed Certain commercial, residential, public, and other mixed uses may be appropriately located in this zone and therefore heavy industrial manufacturing uses which have significant nuisance factors, shall not be located in this zone. LO. IP Zone - This is an industrial zone intended to create and preserve areas for office, commercial, and industrial uses devoid of exterior nuisances in a planned, park -like setting. Permitted uses are devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non -industrial property, and do not have an exceptional demand on public facilities. These types of office, commercial, and industrial uses typically involve the need for a large campus -like site with amenities suitable for mixed use developments and buffering measures to reduce the impact of large scale development on adjacent uses. While industrial and commercial uses that are devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products and entertainment businesses with adult -only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides for a variety in the urban land use pattern for mixed industrial and commercial uses with direct access on an arterial street, design standards for high density, pedestrian oriented, mixed uses located adjacent to major transportation facilities, design standards for compatible mixed industrial and commercial development, and support for private parking and business improvements MP. IL Zone - This is an industrial zone intended to create and preserve areas for industrial uses which are largely devoid of exterior nuisances in close proximity to airports and highways. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non -industrial property, and do not have an exceptional demand on public facilities. These types of industrial uses typically involve the manufacture of finished products from pre -fabricated materials, product wholesaling, and material storage. Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required. While industrial and commercial uses that are largely devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products and entertainment businesses with adult -only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides the basic urban land use pattern for light industrial uses with direct access on an arterial street, design standards for greater truck traffic, and buffers for nonindustrial uses. NQ. 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. Significant adverse impacts can be expected from permitted industrial uses that involve hazardous materials, noise, air and water pollution, shift work around the clock, entertainment businesses with adult - only activities, and outside storage yards and manufacturing activities. This zone provides the basic urban land use pattern for heavy industrial uses with direct access to major transportation facilities, design standards for greater truck traffic, and buffers for nonindustrial uses unless deemed impractical. 6S. PBP Zone - This is a zoning designation for publicly -owned property, or property less suitable for development by reason of its topography, geology, or some unusual condition or situation. Much of the land so designated may best be left as "green belts". Except for low density private residential uses, permitted uses are mostly public utilities and large civic facilities. This zone provides the basic urban land use pattern for public facilities, open space, and environmentally sensitive areas where public interests are directly involved and with I no allowances for very low density private residential use, subject to environmental impact mitigation. PT. FL Zone -This is a zoning designation for privately -owned property not intended for future conversion to urban development. Much of the land so designated may best be used for commercial timber production. This zone provides the basic nonurban land use pattern for natural resource uses, subject to environmental impact mitigation if converted to urban development. Qil. Home Occupation Permit - The purpose of this Chapter is to ensure that an occupation or business undertaken within a dwelling unit located in a residential use district is incidental and subordinate to the primary use and is compatible with the residential character of the neighborhood. This special use permit provides allowances for business activities taking place within a residential use. RV. Bed and Breakfast Permit - The purpose of this Chapter is to ensure that abed 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. This special use provides procedures and regulations for business activities taking place within a residential use. SW. Adult Entertainment Use - The purpose of this Chapter is to ensure that adult entertainment businesses are appropriately located and operated within the City of Port Angeles, are compatible with uses allowed within the City, and are conducive to the public health, safety, and welfare. This Chapter provides procedures and regulations for specific adult -only business activities. TX. Retail Stand Permit - The purpose of this Chapter is to ensure that retail stands are appropriately located in the commercial and public 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. This special use provides procedures and regulations for business activities taking place outside a building or on public property. UY. Junk Yard Conditional Use - The purpose of this Chapter is to ensure that junk yards are appropriately located, are compatible with uses allowed within the City, and are conducive to the public health, safety, and welfare. This Chapter provides for junk yards to be permitted through the conditional use permit process. CHAPTER 17.03 ESTABLISHING MAPPED ZONES AND REGULATIONS Sections: 17.03.010 Purpose. 17.03.020 Zoning Map. 17.03.010Purpose. For the purpose of these Regulations the City of Port Angeles is divided into sixteen zoning classifications as follows: ABBREVIATED CHAPTER DESIGNATION 17.10 RS -7 17.11 RS -9 17.12 RS -11 17.13 RTP -7- ZONE CLASSIFICATION Residential, Single Family Residential, Single Family Residential Single Family Residential Trailer Park 17.14 RMD Residential, Medium Density 17.15 RHD Residential, High Density 17.19 PRD Planned Residential Development Overlay Zone 17.20 CO Commercial, Office 17.21 CN Commercial, Neighborhood 17.22 CSD Community Shopping District 17.23 CA Commercial, Arterial 17.24 CBD Central Business District 17.26 CR Commercial Re i6onal 17.30 IP Industrial Park 17.31 PID Planned Industrial Development Overlay Zone 17.32 IL Industrial, Light 17.33 IM Industrial. Marine 17.34 IH Industrial, Heavy 17.40 PBP Public Building - Park 17.42 FL Forest Lands 17.03.020 Zoning Map. A Zoning Map, showing the location and the boundaries of the various zones in the City, shall be established as the Official Zoning Map and shall be an integral part of these Zoning Regulations. The Zoning Map shall be consistent with the City's Comprehensive Plan Land Use Map, and the land use designations on the Zoning Map shall be at the same or lesser intensity of uses and impacts on surrounding uses as the Comprehensive Plan Map. Where the zoning land use designation is at a lesser intensity than the Comprehensive Plan designation, a rezone may be granted if circumstances have been shown to be changed and the public use and interest is served. Where the zoning land use designation is at a greater intensity than the Comprehensive Plan designation, a rezone consistent with the Comprehensive Plan must be obtained before new development will be permitted. CHAPTER 17.08 RULES AND DEFINITIONS Sections: 17.08.001 General. 17.08.002 Rules. 17.08.010 "A". 17.08.015 "B". 17.08.020 "C". 17.08.025 "D". 17.08.030 "E". 17.08.03 5 "F". 17.08.040 "G". 17.08.045 "H". 17.08.050 "I". 17.08.055 "J". 17.08.060 "K". 17.08.065 "L". 17.08.070 "M". 17.08.075 "N". -8- 17.08.080 "0". 17.08.085 "P" 17.08.090 "R". 17.08.095 "S". 17.08.100 "T". 17.08.105 "U". 17.08.110 "V". 17.08.125 "Y". 17.08.130 "Z". 17.08.001 General. The following words, terms, and phrases, when used in this Title, shall have the meanings ascribed to them in this Chapter, except where the context clearly indicates a different meaning. 17.08.002 Rules. In the construction of these Zoning Regulations, the rules and definitions contained in this Section shall be observed and applied, except when the context clearly indicates otherwise. a. Words used in the present tense shall include the future; words used in the singular shall include the plural, and the plural shall include the singular. b. The word "shall" is mandatory and not discretionary. C. The word "may" is permissive. d. The word "lot" shall include the words "piece" and "parcel"; the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for", and "occupied for". 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. 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 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. C. Adult Family Home - a one -family dwelling of a person or persons who are providing 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). D. Alley - a public right of way which provides service access to abutting property. E. Amendment - a change in language of the zoning text which is an official part of these Zoning Regulations. F. Animal Husbandry, Commercial - the care and raising of animals, particularly farm animals, for agricultural or other commercial purposes, provided that this shall not include noncommercial animal husbandry, private horse stables, up to three dogs and cats which are not house pets, or house pets. G. Animal Husbandry, Noncommercial - the care and raising of animals for noncommercial purposes, provided that this shall not include private horse stables, kennels, up to three dogs and cats which are not house pets, or house pets. 0 H. Antenna - any pole, panel, rod, reflection disc including satellite earth station antenna as defined by 47 CFR Sections 1.4000 and 25.104, or similar device used for the transmission and/or reception of radio frequency signals. I. Antenna support structure - any building or structure other than a tower which can be used for location of telecommunications facilities. J. 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. K. Applicant - any person that applies for approval from the City L. Application - the process by which the owner of a parcel of land within the City submits a request to develop, construct, build, modify, erect or use such parcel of land. "Application" includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the City concerning such a request. M. 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. 17.08.015 - "B" A. Building, Accessory - (See "Accessory Building or Use"). B. Building, Detached - a building surrounded by an unoccupied and unobstructed space which is on the same lot as the principal building and which provides for air and light from the ground to the sky. D. Building, Principal - the major building on a lot, the building which houses the major use of the land and the structures on a zoning lot. E. Building, Residential - a building arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers. F. Building Line - front, side and rear building lines are the lines on each zoning lot that delineate the area within which construction of principal buildings is confined G. Business Parking Lot and/or Structures - a commercial off-street parking lot or structure used exclusively for parking and/or storage of vehicles. 17.08.020 - "C" A. Carport - an accessory building or an accessory portion of the main building designed and used primarily for the shelter or storage of vehicles. It is not an enclosed structure and it does not contain a door which would allow vehicles to pass into the structure: it is open on two or more sides. B. Casino A business operating house banked card games with un to 15 card tables. Also popularly called mini -casinos or enhanced card rooms. $C. Child Day -Care - child day-care is the provision of supplemental parental care and supervision for a non -related child or children, on a regular basis, for less than 24 hours a day, and under license by the Washington State Department of Social and Health Services. The term is not intended to include baby sitting services of a casual, non-recurring nature, or in the child's own home. Likewise, the term is not intended to include cooperative reciprocative child care by a group of parents in their respective homes. CD. Child Day -Care Center - a child day-care center provides for the care of 13 or more children. The child day-care center shall not be located in a private family residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation or is separate from the usual living quarters of the family. -10- DE. Commission - the appointed Planning Commission. F. Common Usable Open SRace• Area within a Planned Industrial Development which is accessible and usable to all occupants of the development and the City, which is. 1. Land which is unoccupied by nonrecreational buildings parking areas, or traffic circulation roads, or 2. Land which is dedicated to recreational buildinjs structures or facilities, or 3. Land which is dedicated to an open space pumose of the Planned Industrial Development such ashreservation of natural features. To be considered common usable open space for recreational purposes, the open space must be usable for specific or multi-purpose activities be located on generally level land, be regularly shaped and contain a minimum of 1,000 square feet. EG. Conditional Use Permit - a limited permission to locate a particular use at a particular location, and which limited permission is required to modify the controls stipulated by these Regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest. FH. Conditional Use - a use permitted in a zone but which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone 6I. Conforming Building or Structure - a building that complies with all sections of these Zoning Regulations or any amendment thereto governing size, height, area, location on the lot, for the zone in which such building or structure is located. 1 -IJ. Conforming Lot - a lot that contains the required width, depth and square footage as specified in the zone in which the lot is situated. fK. Conforming Use - a use that is listed as a Permitted or Conditional Use in the zone in which the use is situated. 3L. Council -the City Council. K -M. Club or Lodge, Private - a non-profit association of persons who are bona fide members paying annual dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests. ( 17.08.025 - "D" A. Density - the ratio of the number of dwelling units per area of land, e.g., 7,000 square foot lots would allow for a maximum density of 6.22 dwelling units per acre. B. Detached building - a building separated a minimum of 6 feet from another building. C. Development - any activity which would alter the elevation of the land, remove or destroy plant life, cause structures of any kind to be installed, erected, or removed, divide the land into two or more parcels, or any use or extension of the use of the land. D. District - a portion of a planning area which is defined by the primaryuses located in that portion of the planning area. E. Dormitory - a residence hall providing sleeping rooms, with or without eating facilities. F. Duplex - a residential building containing two one -family dwelling units within the four walls of the building. G. Dwelling - a building, or portion thereof, but not an automobile house trailer, designed or used exclusively for residential occupancy, including one -family dwellings, two- family dwellings, and multi -family dwellings, which dwellings are constructed in accordance with the Uniform Building Code or, in the case of one -family dwellings, are constructed as -11- manufactured homes in accordance with the requirements set forth in PAMC 17.08.070A, but not including hotels, motels or lodging houses. H. Dwelling, Multi -family - a building or a portion thereof containing three or more dwelling units. I. Dwelling, One -Family - a building containing one dwelling unit only. J. Dwelling, Two -Family - a building containing two dwelling units only. K. Dwelling Unit - one or more rooms which are arranged, designed or used as living quarters for one family only. Complete single kitchen facilities, permanently installed, shall always be included for each dwelling unit. 17.08.030 - "E" A. Engineer means an engineer fieensed by ffie State of Washingto aprofessional civil engineer, licensed by and in good standing in the State of Washington. B. Enlargement - An increase in the size of an existing structure or use, including physical size of the property, building, parking, and other improvements. C. Environmentally Sensitive Area - an area which includes any of the following critical areas and ecosystems: wetlands, streams or stream corridors, frequently flooded areas, geologically hazardous areas (erosion, landslide, or seismic hazard areas), significant fish and wildlife habitat areas, and locally unique natural features (ravines, marine bluffs, or beaches and associated coastal drift processes). D. Erected - construction of any building or structure or the structural alteration of a building or structure, the result of which would be to change the exterior walls or roof or to increase the floor area of the interior of the building or structure. E. Establishment, Business or Commercial - a place of business carrying on an operation, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot F. Existing (pre-existing) - a use, lot, or building that existed at the time of the passage of these Regulations. 17.08.035 - "F" A. Family - one person or two or more legally related persons living together, or not more than six unrelated persons living together as a single, nonprofit, housekeeping unit; provided that there shall not be more than four unrelated persons living together with legally related persons as a single, nonprofit, housekeeping unit B. Family Day -Care Home - a family day-care home regularly provides day-care during part of the 24-hour day to 12 or fewer children, incidental to a primary residential use. C. Farming, Commercial - the planting and cultivating of crops for agricultural or other commercial purposes, provided that this shall not include private gardening, or greenhouse structures accessory to single family residences. D. Fence - that which is built, constructed, or grown, or composed of parts joined together of material in some definite manner in which the prime purpose is to separate and divide, partition, enclose, or screen a parcel or parcels of land. E. Fuel yard or bulk plant - that portion of a property where flammable or combustible liquids are received by tank vessel or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, tank vehicle, portable tank or container for subsequent resale and not to the consuming public. -12- 17.08.040 - "G" A. Garage, Private - a building or structure other than a portion of the main building, enclosed on not less than three sides and designed or used only for the shelter or storage of vehicles, primarily only those vehicles belonging to the occupants of the main building. B. Garage, Public - a building or structure other than a private garage, used for the care, repair, or storage of automobiles, or where motor vehicles are kept for remuneration, hire, or sale. C. Group Home - a non -independent, non -family, housekeeping unit in which the residents are assisted by an outside agency or organization. Some examples of group homes include state licensed homes for the handicapped and physically disabled, homes for the mentally ill, homes for those with developmental disabilities, except that group homes do not include adult family homes, supported living arrangements or residential care facilities. They also include state licensed group homes for residential centers for rehabilitation from alcohol and drugs, and transitional housing for victims of domestic violence. 17.08.045 - "H" A. f ledge - the special appheation of sf.abs oi other-pimits that have been plan enfine, act' _e boundary or cleating a -visual scieen. Al-rind-l-Vidual cannot e a hedge by itseff.- $A. Height - as determined by the final grade noted on ffic buflding pfan appiovedby the %'-,!tY (as long as finai giadc is not higher thmi flie existing pie-aftenation grade at the center Uf the lot) to ffie top > > total vertical distance from and othei appalterlances ale Mr -111 t '-- average finished around level adjoining the building at the perimeter walls as determined by the final grade plane noted on the building 1 lan approved by the City to the top of the structure, except that television antennae roof mounted mechanical equipment chimneys, and other appurtenances are exempt from height requirements. Other appurtenances include architectural features, such as ornamental cupolas, domes, and spires, not exceeding ten feet in height and diameter, which are also exempt from height requirements. EB. 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. DC. 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 BD. 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. E. Hospice - a facility for the terminally ill. F. Hostel - a residential structure or commercial building where transient accommodations (daily or weekly) for the traveling public are provided and for which the accommodations contain no more than one shared kitchen facility and do not have individual sleeping rooms. Hostels are differentiated by housing type and/or owner occupancy as follows: a. Owner occupied single family residential hostels are allowed in the same zones as Bed and Breakfasts by approval of a Special use Permit. b. Non -owner occupied commercial structure hostels are allowed by the same process and in the same zones as motels. G. House pets - domestic animals such as dogs, cats, fish, birds, rodents, and reptiles, not including inherently dangerous species of animals, which sleep and are primarily housed in a dwelling unit together with their owners. -13- 17.08.050 - "I" A. Incidental - in addition to and not interfering with or otherwise detracting from a main object; usually in these Zoning Regulations referring to a use in addition to a permitted use. 17.08.055 - "J" A. Junk Yard - an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junk yard includes an auto wrecking yard but does not include uses established within enclosed buildings. 17.08.060 - "K" A. Kennel - a place where four (4) or more dogs or cats, four (4) months old or older, or any combination of such dogs and cats, are kept, whether by the owners of the dogs and cats or by persons providing facilities and care, whether for compensation or not, provided that the I number of dogs and cats counted shall not include house pets. B. Kitchen - a room or space which is constructed or equipped to facilitate the washing, cooking, and storing of food; kitchen facilities include plumbing for sinks and electrical wiring for ovens and stoves. 17.08.065 - "L" A. Landfill, Sanitary - an area devoted to the disposal of refuse, including incineration, reduction, or dumping of ashes, garbage, combustible and non-combustible refuse, and industrial solid wastes. B. Legal Building, Structure, Land Use - any building, structure or use of the land that complies with all zoning requirements. C. Legal Nonconforming Building or Structure - A legally established building or structure which met the applicable zoning code requirements in effect at the time the building or structure was constructed, but which fails by reason of such adoption, revision or amendment of the Zoning Code, to conform to the present requirements of the zone in which it is located. D. Level of Service - an established minimum capacity ofpublic facilities or services that must be provided per unit of demand or other appropriate measure of need. E. Lot - a lot is a zoning lot, except as the context shall indicate a lot of record, in which case a lot is a "lot, of record". F. Lot Area - the total area within the lot lines of a lot, excluding any primary access easements or panhandles. G. Lot, Corner - a lot situated at the intersection of two or more streets. H. Lot, Reverse Corner - a corner lot in which the rear property line coincides with the side property line of an abutting lot. I. Lot, Through - a lot having two opposite lot lines abutting public streets which are usually more or less parallel to each other•, not a corner lot. Both lot lines abutting streets shall be deemed front lot lines. J. Lot, Zoning - a single tract of land located within a single block, which at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. A zoning lot may or may not coincide with a lot of record. K. Lot Line, Front - that boundary of a lot which abuts a street. When two or more boundaries abut a street, the boundary with the narrowest width shall be considered the front lot line, unless otherwise specified on a plat. On a panhandle lot, the front lot line and setbacks shall -14- be determined during the subdivision approval process, or, if not determined during subdivision review, shall be determined by the Planning Director. L. Lot Line, Rear - that boundary of a lot which is most distant from and is most nearly parallel to the front lot line. M. Lot Line, Side - any boundary of a lot which is not a front nor a rear lot line. N. Lot Coverage - the amount or percent of the ground area of a lot on which buildings are located. This amount/percent shall include all buildings which are partially or totally enclosed and covered by an impervious roof, including any garages, carports, covered patios, and cantilevered portions of a building, and structures covered by an impervious roof even if not fully enclosed. Lot coverage does not include the first horizontal 30 inches of the roof overhang nor does it include uncovered decks and porches not higher than 30 inches from the ground. O. Lot of Record - a parcel of land that is registered as a lot or parcel of land in the records of the County Auditor. P. Lot Width - the horizontal distance between side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines, or at the front setback line, I provided the average horizontal distance between side lot lines must also meet or exceed the minimum lot width required. Q. Low -Powered, Networked Telecommunications Facilities - those facilities with maximum transmitter peak output power that do not exceed one watt and are less than 14 inches by 16 inches by 8 inches with an antenna no greater than 30 inches 17.08.070 - "M" A. Manufactured Home - Factory built, single-family structures that meet the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. Sec. 5401), commonly known as the HUD (U.S. Department of Housing and Urban Development) Code, and that also meets the following requirements: 1. Consists of two or more fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long; 2. Bears an insignia issued by the appropriate federal agency indicating compliance with the construction standards of the U.S. Department of Housing and Urban Development (HUD) as amended and as approved by the State of Washington. 3. Is placed on an on -grade permanent foundation or on footings and piers or on blocks in accordance with HUD's specifications for the specific home and has skirting installed so that no more than one foot of the skirting is visible above grade; 4. Has all support appurtenances removed; 5. Is served by underground electrical power; 6. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3.12 pitch; and 7. Has exterior siding similar in appearance to siding materials commonly used on conventional site built Uniform Building Code single-family residences. B Massage - the method art or science of treating the human body for hygienic, remedial or relaxational purposes by rubbing stroking kneading. tapping, rolling or manipulating the human body of another with the hands or by any other agency or instrumentality. C. Massage Parlor - any premises where massages are given or furnished for, or in expectation of any fee compensation or monetary consideration, except: 1. Facilities adjunct to athletic clubs medical facilities, hotels, motels or beauty salons; and -15- I Enterprises licensed by the State and operating as approved Home Occupations. $D. Medical/Dental Building - a building or group of buildings designed for the use of physicians and dentists and others engaged professionally in such healing arts for humans as are recognized by the laws of the State of Washington. EE. Mobile Home - (See the definition for Trailer, House). DF. Motel - an establishment consisting of a group of living or sleeping accommodations with bathroom, with or without kitchen facilities, located on a single zoning lot and designed for use by transient tourists. HG. Motor Freight Terminal - a building or area in which freight brought by motor truck is assembled and/or stored for routing intrastate and interstate shipment by motor truck. 17.08.075 - "N" A. Neighborhood - an area located within a district where people live, which is defined by the primary type and/or density of the residential units located in that particular area of the district. B. Neighborhood Density: The neighborhood density is the number of dwelling units -er acre allowed by zoning when streets parks electrical distribution substations, and other necessary supporting developments are included in the calculation. B -C. Nonconforming Building or Structure - any building or structure which does not confonn with the lot area, yard, height, or lot coverage restrictions in these Regulations, or is designed or intended for a use that does not conform to the use regulations for the zone in which it is located, either at the effective date of these Regulations or as the result of subsequent amendments to these Regulations. CD. Nonconforming Lot - a legally established lot, the area, dimensions or location of which met the applicable zoning code requirements in effect at the time the lost was created, but which fails by reason of such adoption, revision or amendment of the Zoning Code, to conform to the present requirements of the zone in which it is located. DE. Nonconforming Use - any use of land, building or structure which does not comply with all of these Zoning Regulations or of any amendment hereto governing use for the zoning district in which such use is situated. BF. Noxious Matter - material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects upon the physical or economic well-being of individuals. EG. Nursing Home or Convalescent Home. - A residential facility that provides convalescent and/or chronic care to three or more patients not related to the operator and who by reason of illness or infirmity are not able to properly care for themselves and that is licensed by the State as a "Nursing Home" pursuant to Chapter 18.51 RCW. 17.08.080 - "O" A. Off-street Parking Space - an area of at least 8'/z feet in width and 18 feet in length, or as otherwise provided in Chapter 14.40 PAMC situated on territory other than a public or private street, alley, highway or trafficway, and used only for the storage of vehicles B. Open Space - natural areas of unique or major physical features such as shorelines, bluffs, beaches, lagoons, waterways, ravines, streams, rivers, lakes, wetlands, wildlife habitats, and other environmentally sensitive areas deemed of significant importance to the community by the City; landscaped areas such as parks, playfields, golf courses, outdoor stadiums, and public landscaped areas such as those along boulevards and around public buildings; improved outdoor areas such as piers, playgrounds, plazas, promenades or trails, tennis courts, viewpoints, and other outdoor spaces open to the public -16- C. Owner - any person with fee title or a long-term leasehold to any parcel of land within the City, who desires to develop, or construct, build, modify, erect, or use such parcel of land. 17.08.085 - "P" A. People with Functional Disabilities - people with functional disabilities means (1) a person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of. (a) needing care, supervision or monitoring to perform activities of daily living or instrumental activities of daily living, or (b) needing supports to ameliorate or compensate for the effects of the functional disabilities so as to lead as independent a life as possible, or (c) having a physical or mental impairment which substantially limits one or more of such person's major life activities, or (d) having a record of such impairment; or (2) being regarded as having such an impairment, but such term does not include current, illegal use of, or active addiction to a controlled substance. B. Person - any person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. C. Planned Industrial Development (PID): A PID is a site specific development _which has been approved by the City Council under the provisions of Chapter 17.31 of the Port Angeles Municipal Code. el). Planning Area - a large geographical area of the City, which is defined by physical characteristics and boundaries. BE. Professional Offices - offices used as a place of business conducted by persons engaged in recognized professions, and others whose business activities consist chiefly of services to the person as distinguished, from the handling of commodities. EF. Public Facilities - public facilities include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools. 17.08.087 - "O" Quasi -Public - a characteristic of seemingly like but not actually being of a public entity, having the characteristics of being public such as open and available to all citizens without discrimination of any kind, benefitting the public, providing a nonprofit service or facility and receiving assistance from a governmental agency; quasi -public entities include but are not limited to nonprofit and other groups, such as the International Red Cross, YMCA, YWCA, and Serenity House, for which membership in the organization is not required to receive services or use the facilities. 17.08.090 - "R" A. Reclassification - a change in zoning boundaries upon the zoning map which is an official part of these Zoning Regulations. B. Reconstruction - the act of constructing again. C. Recreation Facility or Area, Non -Commercial - a facility or area for recreation purposes, such as a swimming pool, park, tennis court, playground. or other similar use operated and maintained by a non-profit club or organization. D. Recreational Purpose: An express intent of a space design and development to service a particular healthful or aesthetic activity. DE. Residence - a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings. The term "residence" includes the term "residential" as referring to the type, or intended use, of a building. -17- $F. Residential Care Facility - a residential facility that provides care for at least five (5) but not more than fifteen (15) people with functional disabilities and is as defined in RCW 70.128.175 and as required to be licensed by the State as a "Boarding Home" pursuant to Chapter 18.20 RCW FG. Restoration - the act of putting back or bringing back into a former or original state 6H. Roof - a structure covering any portion of a building or structure, including the projections beyond the walls or supports. 17.08.095 - "S" A. Service Station - an establishment which provides for the servicing of motor vehicles and operations incidental thereto, limited to the retail sale of petroleum products and automobile accessories; automobile washing (not including auto laundry); waxing and polishing of automobiles; tire changing and repair (not including recapping); battery service, charging, and replacement (not including repair and rebuilding); radiator cleaning and flushing (not including steam cleaning and repair); installation of accessories; and the following operations if conducted wholly within a building: lubrication of motor vehicles, brake servicing, wheel balancing, tire testing, and replacement of carburetors, coils, condensers, fan belts, wiring, water hoses, and similar parts. B. Setback - the required minimum distance between any lot line and any structure or building. C. Shopping Center - A group of commercial establishments planned, constructed, and managed as a total entity with customer and employeeparking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements and landscaping and signage in accordance with an approved plan. Shopping Centers are further defined by size and the area their shoppers come from: 1. A community shopping center features a junior department store and contains approximately 150,000 square feet of gross leasable area and has a site area of ten to twenty-five acres Its clientele draw is approximately a ten-minute drive from the center. 2. A neighborhood shopping_ centereg nerally offers goods necessary to meet daily needs occupies up to ten acres has up to 100,000 square feet of gross leasable area and draws its clientele from a five-minute driving radius from the center. 6D. Sign - Any letters, figures, design symbol, trademark, or device intended to attract attention to any activity, service, place, subject, person, firm, corporation, public performance, article, machine, or merchandise, and including display surfaces and supporting structures thereof DE. Sign, Advertising - a sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered elsewhere than upon the premises on which such sign is located or to which it is affixed. -EF. Sign, Area - the area of a sign shall be the sum of each display surface including both sides of a double-faced sign, as determined by circumscribing the exterior limits on the mass of each display erected on one sign structure with a circle, triangle, or quadrangle connecting all extreme points. Where a sign is composed of two or more individual letters mounted directly on a wall, the total display surface, including its background, shall be considered one sign for purposes of calculating sign area. The structure supporting a sign is not included in determining the area of the sign, unless the structure is designed in a way to form an integral part of the display. FG. Single Family Residence - one detached dwelling on an individual lot for occupancy by one family. -18- 6H. Special Use Permit -a limited permission to locate a particular use at a particular location, which limited permission is required to modify the controls stipulated by these regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest. fil. Story - the space between the floor and the ceiling above said floor. A basement shall be considered a story when more than half of the basement height is above the finished lot grade. fJ. Street - a public right-of-way which affords a primary means of access to abutting property. JK. Street Right -of -Way Line - the boundary line between a street and abutting property. K -L. Structure - anything constructed in the ground, or anything erected which requires location on the ground or water, or is attached to something having location on or in the ground or water, but not including fences or walls used as fences six feet or less in height. LM. Structural Alteration - any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, or girders. MN. Subordinate - less important than and secondary to a primary object, usually in these Zoning Regulations referring to an accessory use. No. Supermarket - a grocery store on a site larger than one acre and with multiple retail departments such as drugs, photo, video, deli, flowers, seafood, bakery, etc. 17.08.100 - "T" A. Telecommunications facilities or wireless telecommunications facilities - any antennas, cables, wires, lines, wave guides, and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. B. Through Lot - (See "Lot, Through"). C. Tower or wireless telecommunications tower - a self-supporting lattice, guyed, or monopole structure constructed from grade which supports telecommunications facilities. The term "tower" shall not include amateur radio operators' equipment, as licensed by the FCC. D. Townsite Block• A block of 500'x 300' dimension or 3.44 acres as created by the original platting of the Townsite of Port Angeles. DE. Trail - a pedestrian facility which is designated for travel and recreation purposes and which may include sidewalks, portions of roadways, natural surfaced walkways, and structures such as bridges. BF. Trailer, House (Automobile Trailer, Mobile Home, Recreational Vehicle, Vacation Trailer) - a vehicle without motor power designed to be drawn by a motor vehicle and to be used for human habitation, a motor vehicle designed to be used for human habitation, and a manufactured home which does not meet City building code or State and Federal manufacturing standards. FG. Trailer Park, Trailer Court, Mobile Home Park, Recreational Vehicle Park -any premises on which are parked one or more vehicles designed, intended, arranged, or used for living purposes, or any premises used or held out for the purpose of supplying to the public a space for one or more such vehicles, whether such vehicles stand on wheels or rigid supports. H. Trellis a lattice work structure designed to support plant growth. Trellises that demarcate an entrywayto o a yard are detached from any other structure on the site. have a minimum sidewalk span of four (4) feet depth of two (2) feet and a height of eight (8) feet, is exempt from the requirement for a building permit and is not considered a structure. -19- 17.08.105 - "U" A. Unclassified Use Permit - a limited permission to locate a particular unusual, large-scale, unique or special use at a particular location, which limited permission is required to modify the controls stipulated by these Regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest. B. Unclassified Use - a use which is not permitted in any zone and which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone C. Use - the purpose or activity for which the land, or building thereof, is designed, arranged or intended, or for which it is occupied or maintained and shall include any manner of performance of such activity with respect to the performance standards of these Zoning Regulations. D. Use, Principal - the main use of land or buildings as distinguished from a subordinate or accessory use. I E. Utility Building or Structure - an installation to provide utility service, including wireless communication facilities to which the structure height is equal or less than the maximum building height of the zone in which it will be located. 17.08.110 - "V" A. Variance - an adjustment in the application of the specific regulations to a particular parcel of property which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. 17.08.115 - "W" A. Wireless Communication Facilities (WCFs) - an unstaffed facility for the transmission and/or reception of wireless telecommunications services, including support structures, antennas, accessory equipment, and appurtenances, used to transmit, receive, distribute, provide, or offer personal wireless communication services. WCFs include but are not limited to antennas, plies, towers, cables, wires conduits, ducts, pedestals, vaults, buildings, and electronic and switching equipment. 17.08.125 - "Y" A. Yard - an open space on a zoning lot which is unoccupied and unobstructed from its lowest ground level to the sky, except as otherwise permitted in the Permitted Intrusions in Required Yards in these Regulations. A yard extends along and at right angles to a lot line to a depth or width specified in the yard regulations for the zoning district area in which such zoning lot is located. B. Yard, Front - extends along the full length of the front lot line, between the two side lot lines and to the closest building on the same lot, or to a distance designated in Zoning Regulations. C. Yard, Rear - extends along the full length of the rear lot line, between the two side lot lines and to the closest principal building on the same lot, or to a distance designated in Zoning Regulations. D. Yard, Side - extends along a side lot lien from the front yard to the rear yard, between the side lot line and to the closest building on the same lot, or to a distance designated in Zoning Regulations. -20- 17.08.130 - '711 A. Zone - an area defined as to boundaries and location, and classified by the Zoning Regulations as available for certain types of uses, and which other types of uses are excluded. B. Zoning Lot - a single tract of land located within a single block, which at the time of filing for a building permit, is designated by its owner or developer, as a tract to be used, developed, or built upon as a unit, under single ownership or control. A zoning lot may or may not coincide with a lot of record. C. Zoning Lot Covenant - an agreement, on a form provided by the Planning Department, which is recorded at the County auditor's Office by a property owner of two or more adjacent lots and which designates said lots as a single, inseparable building lot. CHAPTER 17.10 RS -7 RESIDENTIAL SINGLE FAMILY Sections: 17.10.010 Purpose 17.10.020 Permitted Uses. 17.10.030 Accessory Uses. 17.10.040 Conditional Uses. 17.10.050 Area and Dimensional Requirements. 17.10.060 Off -Street Parking. 17.10.070 Signs. 17. 10.010 Purpose This is a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on standard Townsite-size lots. Uses which are compatible with and functionally related to a single family residential environment may also be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides the basic urban land use pattern for the City's single family residential neighborhoods, following a standard rectangular street grid system of 60 -foot rights-of-way for local access streets and 300 -foot by 500 -foot blocks with 50 -foot by 140 -foot lots and usually located in areas that are largely developed and closer to the center of the City. 17.10.020 Permitted Uses. A. Adult family home. B. Detached single family residences. 17 10.030 Accessory Uses. A. Garages and carports. B. Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Swimming pools and cabanas. D. Private television satellite reception dishes. E. Other accessory uses determined by the Planning Director to be compatible with the intent of this Chapter 17.10.040 Conditional Uses. A. Accessory residential units. B. Agricultural nurseries and greenhouses. -21- C. Art galleries and museums. D. Assisted living facility. E. Child day-care centers and pre-schools. F. Churches. G. Communications transmission buildings and structures; e.g., radio tower. H. Duplexes on lots greater than 10,500 square feet in area. I. Group homes and hospices. J. Libraries. K. Nursing and convalescent homes. L. Public and private schools. M. Public Housing Authority offices and maintenance structures located on Public Housing Authority housing sites. N. Public parks and recreation facilities. O. Public utility structures. P. Radio and television stations, provided that antenna is on site. Q. Residential care facilities. R. Other uses compatible with the intent of this Chapter. 17 10 050 Area and Dimensional Requirements. A. Permitted uses 1. Minimum lot area: 7,000 square feet. 2. Minimum lot width: 50 feet. 3. Minimum setback: Front 20 feet; Rear 20 feet, except 10 feet for detached accessory buildings in the rear one-third of the lot; Side, interior 7 feet, except 3 feet for detached accessory buildings in the rear one-third of the lot Side, abutting a street 13 feet; Side, abutting an alley 10 feet; PROVIDED, however, that additional minimum setbacks to ensure a safe building site may be required when the property contains a bluff, ravine, stream, or similar feature. 4. Maximum lot coverage: 30% 5. Maximum height: 30 feet. B. Density shall not exceed one dwelling unit for every 5.258 7,000 square feet of lot area (S-.-29 6.22 units//ross acre), except that mi a-"-�--,-33v—iyic-;3-luentialullit"slialibeexciiiptt frmn density f imitations. C: Conditional uses shall comply with the minimum standards in Subsection 17.10.050A, unless otherwise specified in Table "A" which is attached hereto and incorporated herein by this reference, or as may be increased by the City Council to ensure that specific conditional uses are compatible with the RS -7 zone 17.10.060 Off -Street Parkin. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code 17.10.070 Signs. One sign per lot is permitted. This sign may be one square foot in area, unlighted, and displaying only the name of the occupant (or as otherwise specified in Table "A"); provided that official traffic signs, street signs, and identification and warning signs for public utility buildings and structures shall be exempt from these restrictions. -22- Page 23 was not made a part of the Council packet E. Churches. F. Communications transmission buildings and structures; e.g., radio tower. G. Child day-care centers and pre-schools. H. Duplexes. 1. Group homes and hospices. J. Libraries. K. Nursing and convalescent homes. L. Public parks and recreation facilities. M. Public utility structures. N. Public and private schools. O. Radio and television stations, provided that antenna is on site. P. Residential care facilities. Q. Other uses compatible with the intent of this Chapter. 17 11 050 Area and Dimensional Requirements. A. Permitted Uses 1. Minimum lot area: 9,000 square feet. 2. Minimum lot width: 75 feet. 3. Minimum setback: Front 25 feet; Rear 25 feet, except 10 feet for detached accessory buildings in the rear one-third of the lot; Side, interior 8 feet, except 3 feet for detached accessory buildings in the rear one-third of the lot; Side, abutting a street 18 feet; PROVIDED, however, that additional minimum setbacks to ensure a safe building site may be required when the property contains a bluff, ravine, stream, or similar feature. 4. Maximum lot coverage: 30% 5. Maximum height: 30 feet. ��0 9.000 square feet of B. Density shall not exceed one dwelling unit for every , lot area (fr22 4.84 units/goss acre) except that an "accessory residential unit" shall be exempt from density limitations. C. Conditional Uses Conditional uses shall comply with the minimum standards in Subsection 17.11.050A, unless otherwise specified in Table "A", or as may be increased by the City Council to ensure that specific conditional uses are compatible with the RS -9 zone. 17 11 060 Off -Street Parking. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. 17 11.070 Signs. One sign per lot is permitted. This sign shall be one square foot in area, unlighted, and displaying only the name of the occupant or as otherwise specified in Table "A"); provided that official traffic signs, street signs, and identification and warning signs for public utility buildings and structures are exempt from these restrictions. -24- CHAPTER 17.12 RS -11 - RESIDENTIAL, SINGLE FAMILY Sections: Noncommercial animal husbandry provided that: 17.12.010 Purpose. 17.12.020 Permitted Uses. 17.12.030 Accessory Uses. 17.12.040 Conditional Uses. 17.12.050 Area and Dimensional Requirements. 17.12.060 Off -Street Parking. 17.12.070 Suns. 17 12 010 PuKpose This is a low density residential zone intended to create and preserve sub urban sized single family residential neighborhoods consisting of predominantly single family homes on larger than standard sized Townsite-sized lots, while maintaining densities at or more than 4 dwelling units per acre Uses that are compatible with and functionally related to a single family residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for a variety in the urban land use pattern for the City's single family residential neighborhoods, following a curvilinear street system of nonthrough public and private streets with irregularly shaped lots minimum 75 foot front lot lines and 60 -foot rights-of-way for collector arterial streets in lame rectangular blocks and usually located in outlying areas with lame tracts of vacant buildable land. 17.12.020 Permitted Uses. A. Adult family home. B. Detached single family residences. 17.12.030 Accessory Uses. A. Garages and carports. B. Greenhouses gazebos storage sheds and similar accessorystructures. C. Noncommercial animal husbandry provided that: 1. Hoofed animals are housed no closer that 100 feet from any property line. 2. A minimum of 1 acre per hoofed animal is maintained. 3. A minimum 5 -foot high fence is installed on property lines. 4. Other animals are housed no closer than 25 feet from any property line. D. Private horse stables, provided that: 1. Stables are constructed no closer than 100 feet from any property line. 2. A minimum area of 1 acre per horse is maintained. 3. A minimum 5 -foot high fence is installed on property lines. E. Private television satellite reception dishes. F Swimming pools and cabanas. -25- G. Other accessory uses determined by the Planning Director to be compatible with the intent of this Chapter. 17.12.040 Conditional Uses. A. Accessory residential units. B. Alzricultural nurseries and greenhouses. C. Art galleries and museums. D. Assisted living facility. E. Churches. ings and structures e.g., radio tower. F. Communications transmission build G. Child day-care centers and pre-schools. H. Duplexes. (16,500 SF) I. Groff homes and hospices. J. Libraries. K. Nursing and convalescent homes. L. Public parks and recreation facilities. M. Public utility structures. N. Public and private schools. O. Radio and television stations provided that antenna is on site. P. Residential care facilities. Q Other uses compatible with the intent of this Chapter. 17 12 050 Area and Dimensional Requirements. A. Permitted Uses 1. Minimum ]ot area: 11,000 square feet. 2. Minimum lot width: 75 feet. 3. Minimum setback: Front 25 feet, Rear 25 feet except 10 feet for detached accessory buildings in the rear one-third of the lot Side, interior 8 feet excgpt 3 feet for detached accessory buildings in the rear one-third of the lot. - Side, abuttingLa street 18 feet: PROVIDED however that additional minimum setbacks to ensure a safe building site may be required when the propert i contains a bluff, ravine stream or similar feature. 1. Maximum lot coverage, 30% 2. Maximum height. 30 feet. B. Density shall not exceed one dwelling unit for every 11,000 square feet of lot area (3.96 units/gross acre) except that an "accessory residential unit" shall be exempt from density limitations. C. Conditional Uses Conditional uses shall comply with the minimum standards in Subsection 17.12.050A, unless otherwise specified in Table "A", or as may be increased by the City Council to ensure that s ecific conditional uses are com atible with the RS -1 1 zone. -26- 17.12.060 Off -Street Parking. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. 17.12.070 Signs. One sign per lot is permitted. This sign shall be one square foot in area, unlighted, and displaying only the name of the occupant or as otherwise specified in Table "A"); provided that official traffic signs, street signs, and identification and warning signs for public utility buildings and structures are exempt from these restrictions. CHAPTER 17.13 RTP - RESIDENTIAL TRAILER PARK Sections: 17.13.010 Purpose. 17.13.020 Permitted Uses. 17.13.030 Accessory Uses and Buildings. 17.13.040 Conditional Uses. 17.13.050 Area and Dimensional Requirements. 17.13.060 Off-street Parking Required. 17.13.070 Signs Permitted. 17.13.080 Trailers. 17.13.090 Trailer Parks. 17.13.100 Additional Development Standards. 17.13.010 Purpose. This is a medium density residential zone intended for mobile home occupancies, and the area is regarded as essentially residential in character. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's small lot, single family, mobile home parks, following an irregular urban land use pattern of private access roads and minimum 3500 square foot lots. 17.13.020 Permitted Uses. A. Manufactured homes on individual lots that meet the development standards minimum lot area and dimension requirements of the RS -7 zone-distri-et. B. Mobile homes. C. Trailer Parks. 17.13.030 Accessory Uses and Buildings. A. Garages and carports. B. Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Swimming pools and cabanas. D. Private television satellite reception dishes. E. Community recreation rooms and laundry rooms. F. Playground equipment. G. Manager's office. H. Propane fuel storage tanks. I. Shower and laundry rooms. J. Lavatories. -27- K. Other accessory uses determined by the Planning Director to be compatible with the intent of this Chapter. 17.13.040 Conditional Uses. Trailer supplies office. 17 13 050 Area and Dimensional Requirements for Trailer Parks. A. Minimum Lot Area: 4 acres for trailer park; 3,500 sq.ft. individual site. B. Minimum Lot Width: 400 feet for trailer park; 40 feet per individual site. C. Minimum Yard Requirements: TRAILER PARK - No building, trailer, structure, cabana, carport shall be permitted closer than 30 feet to the nearest public right-of-way, and no closer than 10 feet to any property line of a trailer park. D. Individual Trailer Sites 1. Front: 14 feet to front property line of individual site. 2. Rear: 10 feet to rear property line of individual site. 3. Sides: 7 feet to side property line of individual site. E. Minimum total land area required for a trailer park shall be 4 acres. F. Density shall not exceed one trailer for every 5,000 sq. ft.. (8.71 units/acre) of total land area. Said total land area ratio to include driveways, toilet and laundry buildings, playground -recreation open spaces, individual trailer sites, and caretaker's quarters. G. Each individual trailer site shall have a minimum lot area of 3500 square feet and a minimum lot width of 40 feet. H. A minimum of 10% of the total area of a trailer park shall be reserved and shall be used solely and exclusively for a playground -recreation open space. 1. No building, trailer, structure, cabana, carport, or solid fence shall be permitted closer than 30 feet to any property line that abuts a street or public right-of-way, and no closer than 10 feet to any other property line. J. In the interests of fire prevention, there shall be a minimum space of 14 feet between trailers, including cabanas. 17 13 060 Off-street Parking Required. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. 17 13 070 Signs Permitted. A. Signs no larger than 12 sq.ft., unlighted, one per trailer park. B. Signs no larger than 1 sq.ft., unlighted, one per individual site 17.13.080 Trailers. House trailers, automobiles, automobile trailers, mobile homes, park model manufactured homes, boats, recreation vehicles, vacation trailers and campers used for residential purposes shall not be permitted for occupancy in the City of Port Angeles except in approved Trailer Parks or as permitted by Section 17.95.060 PAMC (Temporary Use Permit). 17.13.090 Trailer Parks. A. No person, company or corporation shall establish a new trailer park or mobile home park or enlarge an existing trailer or mobile home park within the City limits of Port Angeles without first obtaining a permit for a trailer park from the Port Angeles Planning Commission. B. Permit fees shall be as set forth in Chapter 3.70 PAMC. C. Said Permit shall require the following: 1. A plot plan showing the location of the proposed trailer park and all buildings, sanitary facilities, playground -recreation open space, utility buildings, driveways, and No individual trailer sites, including all dimensions of the trailer park tract, each individual trailer site, parking facilities and patio, and including plans and specifications of all buildings shall be submitted to the Planning Commission. 2. Approval of the Building Official, City Engineer, Fire Chief and City Manager and Health Officer, regarding City codes, ordinances and standards. 17.13.100 Additional Development Standards. A. Location: Trailer parks may be located upon approval of the Planning Commission and by Conditional Permit from said Commission, in any district zone in which multiple dwellings are permitted. Each boundary of the park must be at least 200 feet from any permanent residential building located outside the park, unless separated therefrom by a natural or artificial barrier, or unless a majority of the property owners according to area within said 200 feet, consent in writing to the establishment of the park. B. Driveways, Walkways: 1. All mobile home spaces shall abut upon a private roadway, which is not less than 25 feet in width and which shall have unobstructed access to a public street or highway. 2. Walkways not less than two feet wide shall be provided from the mobile home spaces to the service buildings. 3. All driveways and walkways within the park shall be lighted at night with electric lamps of not less than 50 watts each, spaced at intervals of not more than 100 feet. C. Screening: Excepting the entrance -driveway, a screening of evergreen trees or shrubs shall be maintained at a planting height of 5 feet and at a height of 12 feet at full growth, in the front, side, and rear yards of every trailer park. D. Signs: Signs not to exceed 12 square feet shall be permitted. No lighted signs of any kind shall be permitted. One sign per trailer park. E. Sanitation Facilities: Each trailer park shall be provided with toilets, baths, or showers, slop sinks and other sanitation facilities which shall conform to all City and State health rules and codes. F. Water Supply: An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and mobile home spaces within the park to meet the requirements of the park. Each mobile home space shall be provided with a cold water tap at least four inches above the ground. An adequate supply of hot water shall be provided at all times in the service buildings for all bathing, washing, cleansing, and laundry facilities. G. Laundry Facilities: Laundry facilities shall be provided with one single laundry tray and one automatic or semi-automatic type washing machine for each 10 mobile home spaces or any less number thereof. H. Service Buildings: 1. Service buildings housing sanitation and laundry facilities shall be permanent structures complying with all applicable ordinances and statutes regulating building, electrical installations, and plumbing systems. 2. Service buildings housing sanitation facilities shall be located not closer than 20 feet nor farther than 200 feet from any mobile home space. I. Sewage and Refuse Disposal: Waste from showers, bath tubs, flush toilets, urinals, lavatories, slop sinks, and laundries in service and other buildings and from each trailer within the park shall be discharged into a public sewer system in compliance with applicable ordinances. J. Garbage Receptacles: Regulation garbage receptacles with tight -fitting covers shall be provided in quantities to permit disposal of all garbage and rubbish. Garbage receptacles may be located in groups not farther than 100 feet from any mobile home space. The receptacles shall be kept in sanitary condition at all times. Garbage and rubbish shall be collected and -29- disposed of as frequently as may be necessary to ensure that individual garbage receptacles shall not overflow. K. Fire Protection: Every park shall be equipped at all times with fire extinguishing equipment in good working order, of such type, size and number and so located within the park as to satisfy applicable reasonable regulations of the Fire Department. No open fires shall be permitted at any place which may endanger life or property. CHAPTER 17.14 RMD - RESIDENTIAL MEDIUM DENSITY Sections: A. 17.14.010 Purpose. 17.14.020 Permitted Uses. 17.14.025 Accessory Uses. 17.14.030 Conditional Uses. 17.14.040 Area and Dimensional Requirements. 17.14.050 Off -Street Parking. 17.14.060 Signs Permitted. 17.14.070 Design and Landscaping. 17.14.010 Purpose. This is a medium density residential zone, which allows a mix of single family, duplexes, and apartments at a density greater than single family neighborhoods but less than the higher densities of the RHD zone. The permitted uses in the RMD zone are also intended to be more restrictive than the RHD Zone. Commercial uses are not considered to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides for a variety in the urban land use pattern for the City's lower density multi -family residential neighborhoods (at twice the density of the City's basic single family residential neighborhoods) with direct access on an arterial street, usually located in outlying areas with large tracts of vacant buildable land, and serving as a transitional use between low density residential uses and commercial/industrial uses. 17.14.020 Permitted Uses. A. Accessory residential units. B. Adult family homes. C. Apartments. D. Duplexes. E. Single family residences. 17 14.025 Accessory Uses. A. Garages and carports B. Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Swimming pools and cabanas. D. Private television satellite reception dishes. E. Community recreation rooms and laundry rooms. F. Playground equipment. G. Manager's office. -30- H. Other accessory uses determined by the planning Director to be compatible with the intent of this Chapter. 17.14.030 Conditional Uses. A. Art galleries and museums. B. Assisted living facility. C. Child day-care centers and pre-schools. D. Churches. E. Group homes and hospices. F. Libraries. G. Nursing and convalescent homes. H. Public parks and recreation facilities. 1. Public and private schools. facilities. J. Residential care K. Social service agencies providing 24-hour residential care. 1 L. Utility buildings and structures. M. Other uses compatible with the intent of this Chapter. 17 14 040 Area and Dimensional Requirements. A. Minimum lot area shall be 7,000 square feet. B. Density shall not exceed e two dwelling units for evcrp'>��96 the first 7,000 err square feet of lot area plus one unit for each additional 1,000 square feet of lot area. (Maximum 12.44 units/acre) C. Minimum yard requirements: 1. Front: 25 feet from front property 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 lot line. On corner lots, the side yard abutting a street shall have a setback of 13 feet. 3. 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. D. Maximum lot coverage: 30%. E. Maximum height: 35 feet. 17 14 050 Off -Street Parkin. Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. 17 14 060 Signs Permitted. One sign per building is allowed. Signs shall not exceed 10 square feet in area and shall not be flashing or intermittent. Additional signage may be allowed with Planning Commission approval of a Conditional Use Permit. 17 14 070 Desmon and Landscaping for Apartments. A. All designated 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. -31- B. All lighting on the site shall be directed away from adjoining residential properties and public rights-of-way. C. Unused space which is over 24 square feet in area 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 6 -foot vision -obscuring fence or vegetation on all sides adjacent to residentially zoned property; except that parking lots with less than 900 square feet of contiguous area shall be exempt from this landscaping requirement. F. At least 30% of the site shall be landscaped with a mixture of ground cover, shrubs, and trees. CHAPTER 17.15 RHD - RESIDENTIAL HIGH DENSITY Sections: 17.15.010 Purpose. 17.15.020 Permitted Uses. 17.15.030 Accessory Uses. 17.15.040 Conditional Uses. 17.15.050 Area and Dimensional Requirements. 17.15.060 Off-street Parking. 17.15.070 Signs Permitted. 17.15.080 Design and Landscaping. 17 15.010 Purpose. This is a high density residential zone for multi -family residential structures. Compatible uses may be allowed on Conditional Use Permits but the zone is still regarded as a residential area, and commercial enterprises are not generally felt to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's higher density multi -family residential neighborhoods (at seven times the density of the City's basic single family residential neighborhoods), following a standard rectangular street grid system of 60 -foot rights-of-way for local access streets and 300 -foot by 500 -foot blocks and usually located in areas that are largely developed and closer to the center of the City units. 17.15.020 Permitted Uses. A. Adult family homes. B. Mortuaries, funeral parlors. C. Multi -family dwellings, apartments, duplexes, dormitories, accessory residential D. Single family residences. 17 15 030 Accessory Uses. A. Garages and carports. B. Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Swimming pools and cabanas. D. Private television satellite reception dishes. E. Community recreation rooms and laundry rooms. -32- F. Playground equipment. G. Manager's office. H. Other accessory uses determined by the planning Director to be compatible with the intent of this Chapter. 17.15.040 Conditional Uses. A. Art galleries and museums. B. Assisted living facilities. C. Child day-care centers and pre-schools. D. Churches. E. Golf courses. F. Group Homes and hospices. G. Libraries. H. Mortuaries. I. Nursing and convalescent homes. J. Public and private schools. K. Public parks and recreation facilities. L. Residential care facilities M. Social service agencies providing 24-hour residential care. N. Utility buildings and structures. O. Other uses compatible with the intent of this Chapter. 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 of lot area plus one (1) dwelling unit for each additional 1,000 square feet of lot area (maximum 38.56 units/acre). C. 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 corner lots, the side yard abutting a street shall have a setback of 13 feet unless more is required by Ordinance No. 1635. 3. 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. D. Maximum Lot Coverage - 30%. E. Maximum Height - 35 feet. 17.15.060 Off-street Parking Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code. 17.15.070 Signs Permitted. A. Permitted Uses: Signs not larger than 10 sq. ft., lighted, but not flashing or intermittent. One per building. -33- B. Conditional Uses: Size and type as determined by Planning Commission 17.15.080 Design and Landscapin&. 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 group of 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. CHAPTER 17.19 PRD - PLANNED RESIDENTIAL DEVELOPMENT OVERLAY ZONE Sections: 17.19.010 Purpose 17.19.011 Definitions. 17.19.020 Applicability. 17.19.030 Permitted Uses. 17.19.031 Conditional Uses. 17.19.040 Permitted Modifications of Land Use Regulations. 17.19.050 Standards. 17.19.060 Basic Density. Density Credits. i7.19.061 17.19.070 Additional Procedure for Approval. 17.19.080 Pre -Application Review. 17.19.090 Application Procedure. 17.19.100 Routing and Staff Recommendations. 17.19.110 Planning Commission Public Hearing - Scheduling and Notice. 17.19.120 Planning Commission Recommendation - Preliminary Development Plans. 17.19.130 City Council Action - Preliminary Development Plans. 17.19.140 Final Approval of Planned Residential Development. 17.19.150 Planning Commission Review of Final Development Plan. 17.19.160 City Council Final Action. 17.19.170 Building Permits. 17.19.180 Modifications After Final Approval. 17.19.010 Purpose. This Overlay Zone is to provide alternative zoning regulations which permit and encourage design flexibility, conservation and protection of natural amenities critical areas, and innovation in residential developments to those regulations found -34- in the underlying zone. It is intended that a Planned Residential Development will result in a residential environment of higher quality than traditional lot -by -lot development by use of a design process which includes within the site design all the components of a residential neighborhood, such as open space, circulation, building types, and natural features, in a manner consonant with the public health, safety, and welfare and results in a specifically approved site design. It is also intended that a Planned Residential Development may combine a number of land use decisions such as critical areas protection, conditional use permits, rezones, and subdivisions into a single project review process to encourage timely public hearings and decisions and to provide for more open space and transitional housing densities than is required or may be permitted between single family and multi -family zones. The consolidation of permit reviews does not exempt applicant(s) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes. Few nonresidential uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with nonresidential uses. This overlay zone provides for the opportunity to create self-contained residential neighborhoods with a variety of housing choices without following a standard system of public streets and lot design and with allowances for mixed use, residential and neighborhood commercial developments not usually permitted in residential zones 17.19.011 Definitions. A. Common Usable Open Space: Area within a Planned Residential Development which is accessible and usable to all residents of the development and which is: 1. Land which is unoccupied by nonrecreational buildings, parking areas, or traffic circulation roads; or 2. Land which is dedicated to recreational buildings, structures or facilities; or 3. Land which is dedicated to an open space purpose of the Planned Residential Development such as preservation of natural features. To be considered common usable open space for recreational purposes, the open space must be usable for specific or multi-purpose activities, be located on generally level land, be regularly shaped and contain a minimum of 1000 square feet. B. Neighborhood Density: The neighborhood density is the number of dwelling units per acre allowed by zonging or zones when streets, parks, substations, and other neeessary supporting development are ineluded in the ealeulation. C. Planned Residential Development (PRD): A PRD is a site specific development which has been approved by the City Council under the provisions of Chapter 17.19 of the Port Angeles Municipal Code. D. Recreational Purpose: An express intent of a space design and development to service a particular healthful or aesthetic activity. E. Townsite Block: A block of 500' x 300' dimension or 3.44 acres as created by the original platting of the Townsite of Port Angeles. F. Transitional Hotising Density, A ealeulation measured in dwelling units -m aere that is greater than the maximurn urfits/aere permitted in one zone and less than th maximum ur�ts/aere permitted in another zone-. 17.19.020 Applicability. Planned Residential Developments may be established, subject to final approval of a proposal for a specific parcel or parcels of land, in all districts -35- which allow residential uses and may include land which is zoned PBP. A Planned Residential Development shall contain a minimum of 3.44 acres with basie densities permitted er* per the underlying zone or zones density credits as may be pennitted through Seetion 1?.19.061. 17.19.030 Permitted Uses Only those residential tises allowed in die tindet i - that,d within a Planned ResiderAial Development of less than 3.44 aeres; provided by eommon walls. Residential building types in a Planned Residential Developmentof3.4� aeres or mo may vary from those permitted in the underlying zone or zones. 17 19 031 Conditional Uses Conditional uses may be allowed similarly to those conditionally permitted in the underlying zone(s) or may include neighborhood commercial and commercial recreational uses which primarily serve the PRD residents. 17 19 040 Permitted Modifications of Land Use Regulations . The approval of a Planned Residential Development may include modifications in the requirements and standards of the underlying land use regulations of the zone in which the project is located, subject to the limitations of this Chapter, except that no approval shall include a modification, variance or waiver of the setback areas required by the underlying zones along the exterior property lines of the PRD or of the requirements of the Shoreline Master Program except as provided in Chapter 173-14 WAC. For the purpose of this section, minimum setbacks along exterior property lines shall be based on the final lot configuration after subdivision of the property. 17.19.050 Standards. The following standards shall apply to all Planned Residential Developments: A. All street and utility improvements shall be constructed to standards specified by the City of Port Angeles. Street widths may vary from widths required in the Subdivision Regulations, and interior circulation streets may be either public or private. B. All Planned Residential Developments shall devote at least 30% of the gross area of the site to common usable open space, half of which must be used for recreational purposes and none of which will be credited in the setback areas required along the exterior property lines of the PRD. Street rights-of-way, driveways, parking lots and utility structures shall not be counted as part of the common usable open space. Common usable open space shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels unless such parcels are to be owned by a homeowners association. Community recreation facilities and recreation structures shall be included in calculating the area devoted to common usable open space. C. All Planned Residential Developments shall provide for continuous and perpetual maintenance of common open space, common recreation facilities, private roads, utilities, parking areas and other similar development within the boundaries of the PRD in form and manner acceptable to the City. D. Platting shall be required of all projects which involve or contemplate the subdivision of land. Lots in a platted Planned Residential Development may be sold to separate owners according to the separate lots as shown in the recorded plat which is approved in connection therewith. Development of all lots within the platted Planned Residential Development shall be as shown in the approved PRD. No further subdivision of land within -36- the Planned Residential Development will be permitted unless a formal amendment to the PRD is approved. E. Conditional Use Permits shall be required of all projects which involve or contemplate conditional uses which may be allowed in the underlying zone(s). In addition'to the conditional uses allowed in the underlying zones) neighborhood commercial and commercial recreational uses may be considered for conditional use permit(s) during the PRD approval process. No further conditional use permits, except home occupations, will be permitted within the Planned Residential Development unless a formal amendment to the PRD is approved. F. For any underlying land use regulatory process that is consolidated through the PRD overlay process, the criteria and development standards of that underlying land use regulatory process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require a formal amendment to the PRD. G. To encourage design flexibility, conservation of natural amenities, and innovations which result in a higher quality residential environment than traditional subdivisions, site planning and architectural review which address the following criteria are required of all development in the PRD. Where applicable, the design of PRDs shall accomplish the following to the greatest extent possible: 1. Preserve unique physical features of the site including, but not limited to, creeks, wetlands, ravines, bluffs, lakes or ponds, shorelines, and forest areas. 2. Preserve scenic view corridors, both internal and external to the site. 3. Provide recreation facilities including, but not limited to, bicycle or pedestrian paths, children's play areas and playfields. 4. The design of all open space areas and building structures shall be compatible with and complementary to the environment in which they are placed. H. All Planned Residential Developments shall comply with the goals and policies of the Port Angeles Comprehensive Plan. 17.19.060 $2sie Density. Every Planned Residential Development shall be allowed A 10 % over the gross or neighborhood the density of the underlying zone or zones in which the site is located, as f6liewr-- PBP RS-9 40% 3.59 d/ti/aere 3.95 d.tHaer RS -7 4.47 d/u/aere RNID 8.94 ftlaere 10% 28.02d.u./aere -37- site planning, additional density eredits� rra--,d if the proposed de iellopruent provides., planning-. Additional density eredirs Shall be ba�`on the followi g ent A. Conipatibifity with the existing residential neighborhood. play and ne ghborhood par s to sem, others in addition to tIh%I -oeeupants of density for the tinderfying zones. 17 19 070 Procedure for Approval . The procedure for approval of a Planned Residential Development shall be composed of four steps: A. Public hearing on the preliminary development plan and, if applicable, the preliminary plat and other permit actions, and recommendation by the Planning Commission to the City Council; B. Approval by the City Council at a public meeting of the preliminary development plan and other actions as applicable; C. Public meeting by the Planning Commission to review the final development plan and plat for compliance with the approved preliminary development plan, and recommendation to the City Council; D. Approval of the final development plan and plat by the City Council following a public hearing. 17 19 080 Pre -Application Review. Prior to applying for a PRD, a developer shall submit a conceptual plan to the Pfanning Department. The conceptual plan will be reviewed for its general compliance with the intent, standards and provisions of this Chapter and other City ordinances by the appropriate departments of the City, and written comments in regard to the plan will be furnished to the developer. The conceptual plan shall contain in sketch form all of the information required in Section 17.19.090 E and G. After the conceptual plan review and prior to accepting a PRD application, the City shall require a neighborhood meeting. The purpose of the meeting will be to solicit information regarding design alternatives to minimize any adverse impacts from the PRD and to alleviate community concerns. The applicant shall submit an additional set of mailing labels as required for public notice pursuant to Section 17.96.140 PANIC. 17 19 090 Application Procedure The application for a. Planned Residential Development shall contain the following: A. The name, location and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant. -38- B. A narrative explaining the proposed use or uses of the land and building, including the proposed number of dwelling units by type, such as single family detached, row housing, and apartments; information on any special features, conditions of which cannot be adequately shown on drawings; and an explanation of covenants, continuous maintenance provisions, and/or homeowners association for the project. C. A survey of the property showing existing features, including contours at 5 -foot intervals, buildings, structures, streets, utility easements, rights-of-way, and existing land uses. D. A vegetation survey of the property by either (a) an aerial photograph of the property in a scale acceptable to the City, which identifies significant groupings of trees and unusual or fine specimens of their species; OR (b) a survey of all trees over twelve inches in trunk diameter measured at four feet above the ground; as determined by the Planning Director, in those areas where improvements are proposed. General wooded areas where no improvements are proposed will require a vegetation survey containing the following I elements: 1. A mapping of the extent of the wooded areas with survey of perimeter trees only. 2. A narrative regarding the types (species) and condition of the trees and under -story in the wooded area. 3. Identification of trees which are unusual or fine specimens of their species. 4. In general wooded areas where minor improvements are proposed, a survey of trees over twelve inches in trunk diameter measured at four feet above the ground will be required to a reasonable distance around the improvements. E. Preliminary site plans showing existing and proposed contours at 5 -foot intervals, location and principal dimensions of buildings, open space, recreation areas, parking areas, circulation, landscape areas, subdivision platting and general arrangement. F. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC. G. If a developer elects to obtain additional density credits, the site plan application shall contain specific information relating to the additional density credit criteria of Section 17.70.061. H. Preliminary elevation and perspective drawings of project structures. I. A preliminary utilities plan, including fire hydrant locations. J. A preliminary storm drainage plan with calculation of impervious areas. K. An off-street parking plan and circulation plan showing all means of vehicular and pedestrian ingress and egress to and from the site; size and location of driveways, streets, sidewalks, trails, and parking spaces. Any new traffic control devices required for the safety of the project must be shown. L. Mailing labels as required for public notice pursuant to Section 17.96.140 PAMC 17.19. 100 Routin¢ and Staff Recommendations . Upon receipt of an application satisfying the requirements of Section 17.19.090, the Planning Department of Community Development shall route the same to all appropriate City Departments. Each such department shall submit to the Planning Department of Community Development recommendations and comments regarding the application. The Plannin Department of Community Development -39- shall prepare a report to the Planning Commission summarizing the factors involved, the recommendations of other departments, and the ung Department of Community Development recommendation and findings. A copy of the report shall be mailed to the applicant and copies shall be made available, at cost, for use by any interested party. 17 19 110 Planning Commission Public Hearing - Scheduling, and Notice . Upon receipt of an application satisfying the requirements of Section 17.19.090, the Pharming Department of Community Development shall schedule a public hearing before the Planning Commission. Public notice shall be given as provided in §17.96.140. 17 19 120 Planning Commission Recommendation - Preliminary Development Plans Prior to making a recommendation on an application for a preliminary Planned Residential Development, the Planning Commission shall hold a public hearing. The Commission's recommendation on PRD density shall be based upon Sections 17.19.010, .060 and .061, and the recommendation for approval, denial, or approval with modifications or conditions shall be forwarded to the City Council in written form based upon compliance with Section 17.19.050 and the following criteria: A. The proposed development will comply with the policies of the Comprehensive Plan and further the attainment of the objectives and goals of the Comprehensive Plan. B. The proposed development will, through the improved utilization of open space, natural topography, transitional housing densities and integrated circulation systems, create a residential environment of higher quality than that normally achieved by traditional development of a subdivision. C. The proposed development will be compatible with adjacent existing and future developments. D. All necessary municipal utilities, services, and facilities, existing and proposed, are adequate to serve the proposed development. E. The internal streets serving the proposed development are adequate for the anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street. F. If the development is planned to occur in phases, each phase shall meet the requirements of a complete development. Developments of less than 3.44 acres shall not be .done in phases. 17 19 130 City Council Action - Preliminary Development Plans The City Council shall, at a public meeting, consider the recommendation of the Planning Commission. The Council may approve, deny, or approve with modifications or conditions the submitted preliminary development plans. Approval shall be by Council action which incorporates the approved preliminary development plans by reference and shall include findings based upon Section 17.19.060, .061, and .120. 17 19 140 Final Approval of Planned Residential Development Application for final approval of the Planned Residential Development shall be submitted within one year of the approval of the preliminary development plan; provided that for phased PRD's each phase shall have an additional one-year period for final approval; and provided further that an applicant may apply to the Planning Commission, and the Commission may approve, one or more one-year extensions as the Commission may deem appropriate. The site must be under -40- one ownership prior to final approval by the Planning Commission and City Council, and the application for final approval must be made by the owners of the entire site. The application shall include the following: A. A title report showing record ownership of the parcel or parcels upon which the PRD is to be developed. B. Guarantee ensuring the retention and continued maintenance of common open space, recreation facilities, and recreation structures. If development is to be done in phases, each phase must meet the requirements of this Section. C. Final development plans, which shall be in compliance with the approved preliminary development plans. D. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.04 and 16.08 PAMC E. Development schedule. F. Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City. G. Covenants, conditions and restrictions and/or homeowners association agreement. 17 19 150 Planning Commission Review of Final Development Plan The Planning Commission shall consider the application for final approval at a public meeting. A recommendation to the City Council for approval shall include findings on the following: A. Compliance with the approved preliminary development plans; B. Adequacy of the provisions for maintenance of required common open space and other common improvements; C. The final plat, if applicable; and D. Bonding or other acceptable form of security for the whole or specific parts of the project. 17.19.160 City Council Final Action The City Council shall review the recommendation of the Planning Commission at a public hearing, notice of which shall be given as provided in Section 17.96.140, and shall approve, deny, or approve with modifications the final development plan and, if applicable, the final plat. Approval of the final development plan shall be by ordinance and a copy of the final PRD shall be filed with and made a part of said ordinance. The Zoning Map shall be amended to indicate the extent of the approved Planned Residential Development, and all future development of the site shall be in conformance with the approved PRD. 17.19.170 Building Permits. The Building Division shall issue building permits for buildings and structures which conform with the approved final development plans for the Planned Residential Development and with all other applicable City ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed buildings or structures which conform to the requirements of the approved final development plans and all other applicable City ordinances and regulations. The construction and development of all the common usable open spaces, including recreation facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued; except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months. -41- 17 19 180 Modifications After Final Approval. The final approval shall be binding upon the development, and design variations from the plan must be submitted to the Planning Commission and City Council for approval and amendment of the ordinance, except for minor changes, as follows: The Planning Department of Community Development is authorized to allow minor adjustments in the development schedule, location, placement, height, or dimension of buildings and structures, not to exceed an alteration of ten percent in height or ten feet in any other direction, when such minor changes and alterations are required by engineering and other circumstances not foreseen or reasonably foreseeable at the time of approval of the final development plans; except that such adjustments shall not increase the total amount of floor space authorized in the approved final PRD, or the number of dwelling units or density, or decrease the amount of parking or loading facilities, or permit buildings to locate closer to the closest boundary line, or decrease the amount of open space, or decrease the recreation facilities, or change any points of ingress or egress to the site, or extend the development schedule for not more than twelve months. CHAPTER 17.20 CO - COMMERCIAL. OFFICE Sections: 17.20.010 Purpose 17.20.040 Permitted Uses. 17.20.080 Accessory Uses. 17.20.160 Conditional Uses. 17.20.200 Area and Dimensional Requirements. 17.20.210 Off -Street Parking. 17.20.230 Design and Landscaping. 17.20.010 Purpose: This is a commercial zone intended for those business, office, administrative or professional uses which do not involve the retail sale of goods, but rather provide a service to clients, the provision of which does not create high traffic volumes, involve extended hours of operation, or contain impacts that would be detrimental to adjacent residential areas. Commercial uses that are largely devoid of any impacts detrimental to single family residential uses are allowed. This zone provides the basic urban land use pattern for small lot, transitional uses between residential neighborhoods and commercial districts zones with direct access on an arterial street and design standards compatible with residential development. 17.20.040 Permitted Uses. A. Services: 1. Banks, financial institutions, insurance and real estate service offices. 2. Business and professional offices. 3. Child day-care centers and pre-schools. 4. Medical/dental clinics and offices and laboratories. B. Residential: -42- 1. Detached single family residences that meet the area and dimensional requirements of the RS -7 zone. 17.20.080 Accessory Uses. Accessory uses determined by the Planning Director to be compatible with the intent of this Chapter are permitted. 17.20.160 Conditional Uses. A. Art galleries and museums. B. Assisted living facilities. C. Beauty shops and barber shops. D. Business colleges; music, art, and dance schools. E. Businesses selling medical supplies, goods, instruments, medicine and similar items. F. Chemical dependency treatment centers. G Churches. H. Detoxification centers. I. Group homes and hospices. J. Libraries. K. Hotels, Motels, and Hostels. L. Nursing and convalescent homes. M. Off-street parking lots not associated with a permitted use on the same site N. Public parks and recreation facilities. O. Residential care facilities. P. Residential uses, other than detached single family residences, that are permitted in the RHD zone and comply with the RHD area and dimensional requirements 1 except for mixed use structures where there is commercial use at ground level and residential uses above in which case the required commercial setbacks of the underlying zone shall be observed. Q. Utility buildings and structures. R. Funeral parlors. S. Small animal Veterinary office. RT. Other uses compatible with the intent of this Chapter. 17.20.200 Area and Dimensional Requirements. A. Area 7,000 square feet for non-residential uses. Residential uses shall comply with the RHD area requirements. B. Lot Width 50 feet. C. Setbacks: Front 25 feet from property line. Rear 25 feet from property line. Detached accessory buildings shall not be permitted closer than 10 feet to the rear property line. Side 7 feet from the property line. Detached accessory buildings only on the rear one-third of the lot may be permitted to within 3 feet of the side line. On corner lots the side yard abutting the street shall have a building line setback of 13 feet. D. Maximum Lot Coverage 45%. E. Maximum Building Height 30 feet. -43- 17.20.210 Off -Street Parkin. (See Chapter 14.40 PAMC). 17.20.230 Design and Landscaping. A. All outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened 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 property and public rights-of-way. C. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of 3 foot to 6 foot mature height interspersed with evergreen and/or deciduous and/or ornamental trees. Five feet of the rear yard setback area abutting a residentially zoned lot shall be landscaped in a similar manner. D. The unused space resulting from the design of parking space arrangements or accessory structures which is over 24 square feet shall be landscaped. E. All landscaping shall comply with the vision clearance requirements of Section 17.94.090 PAMC. F. All non-residential structures shall be designed to be compatible with the residential environment. G. One tree shall be provided for each group of ten parking spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches, and have a height of at least 20 feet at maturity. H. All parking lots shall be screened by 3 -foot to 6 -foot vision obscuring fence or vegetation on the sides adjacent to residentially zoned property. CHAPTER 17.21 CN - COMMERCIAL. NEIGHBORHOOD Sections: 17.21.010 Purpose. 17.21.040 Permitted Uses. 17.21.050 Accessory Uses. 17.21.160 Conditional Uses. 17.21.200 Development Standards. 17.21.210 Off -Street Parking. 17.21.230 Design and Landscaping. 17.21.010 Purpose. This is a commercial zone intended to create and preserve areas for businesses which are of the type providing goods and services for the day-to-day needs of the surrounding residential neighborhoods. Businesses in this zone shall occur on sites no larger than one acre and shall be located and designed to encourage both pedestrian and vehicle access and to be compatible with adjacent residential neighborhoods. Commercial uses that are largely devoid of any impacts detrimental to multi -family residential uses are allowed; gasoline service islands are conditionally permitted uses. This zone provides for a variety in the urban land use pattern for small commercial districts serving individual residential -44- neighborhoods with direct access on an arterial street and design standards compatible with residential development. 17.21.040 Permitted Uses. A. Art galleries and museums. B. Assisted living facilities. C. Bakery shops. D. Business colleges,• music, art, and dance schools. DE. Banks, financial institutions, insurance and real estate services offices. EF. Barber shops, beauty shops. FG. Business and professional offices. FH. Child day-care centers and pre-schools. HI. Delicatessens, grocery stores. H. Drug stores, pharmacies. JK. Group homes and hospiees. KL. Libraries. EM. Mortuaries. MN. Medical/dental offices and clinics and laboratories. NO. Nursing and convalescent homes. OP. Public parks and recreation facilities. PO. Repair services, such as appliance repair, shoe repair, and TV and stereo repair services. QR. Residential care facilities. RS. Residential uses that are permitted in the RHD zone and comply with the RHD area and dimensional requirements except for mixed use structures where there is commercial use at ground level and residential uses above, in which case the required commercial setbacks of the underlying zone shall be observed. ST. Restaurants, cafeterias. TU. Self-service laundries. UV. Specialty shops such as gift, florist, hobby, antique, candy, ice cream, video rental, bicycle, book, computer, toy, and retail pet stores. VW. Veterinary offices and clinics for small animals. 17.21.050 Accessory Uses. Accessory uses determined by the Planning Director to be compatible with the intent of this Chapter are permitted. 17.21.160 Conditional Uses. A. Churches. B. Fire Stations. C. Frozen food or cold storage lockers. D. Funeral parlors. DE. Gasoline service islands, accessory to convenience or grocery store. EF. Hotels, Motels, and Hostels. FG. Off-street parking lots. GH. Self-service car washes. HI. Soeial-eClubs, lodges, and fraternal organiza J. Small animal veterinary office. -45- IK. Utility buildings and structures. JL. Other uses compatible with the intent of this Chapter-. 17 21 200 Development StandardsArea and Dimensional Requirements. Area and Dimensional Requirements: A. Minimum Lot Area - 7,000 square feet for non-residential uses. Residential uses shall comply with the RHD area requirements e, e, xcQ for mixed use structures where there is commercial use at ground level and residential uses above in which case the required commercial setbacks of the underlying zone shall be observed. B. 2- Minimum Lot Width - 50 feet. C. 3- Minimum Yard Requirements No structure shall be built within 15 feet of an alley or any property that has a residential zoning classification. 4. Maximum Lot Coverage - 50%. 5. Maximum Height - 30 feet. 17.21.210 Off -Street Parkin. (See Chapter 14.40 PAMC). 17.21.230 - Design and Landscaping. A. All outdoor storage areas, except City mechanized refuse collection system containers, shall be screened from view from public rights-of-way and abutting property by a sight -obscuring fence 6 feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining non-commercial property and public rights-of-way. C. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of 3 foot to 6 foot mature height interspersed with evergreen, deciduous and/or ornamental trees. Five feet of the rear yard setback area butting a residentially zoned lot shall be landscaped in a similar manner. D. Unused space which is over 24 square feet and which results from the design of parking space arrangements or accessory structures shall be landscaped. E. One tree shall be provided for each groa of 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. F. All parking lots shall be screened by 3 -foot to 6 -foot vision -obscuring fence or vegetation on all sides adjacent to residentially zoned property. CHAPTER 17.22 CSD - COMMUNITY SHOPPING DISTRICT Sections: 17.22.010 Purpose. 17.22.040 Permitted Uses. Em 17.22.050 Accessory Uses. 17.22.160 Conditional Uses. 17.22.200 Development Standards. 17.22.210 Off -Street Parking. 17.22.230 Design and Landscaping. 17.22.010 Purpose. This is a commercial zone oriented primarily to those businesses serving the daily needs of the surrounding residential zones but is slightly less restrictive than the CN zone and as such provides a transition area from the most restrictive commercial zones to those of lesser restrictions. Businesses in this zone may occur on sites of varying sizes and shall be located at the intersections of arterial streets of sufficient size to satisfy traffic demand and at the boundaries of neighborhoods so that more than one neighborhood may be served. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products are permitted uses. This zone provides the basic urban land use pattern for large lot, commercial uses serving much of the City with direct access on an arterial street and design standards for greater automobile and truck traffic. 17.22.040 Permitted Uses. A. Art galleries and museums. B. Bakery shops. C. Banks, financial institutions, insurance and real estate services offices. D. Barber shops, beauty shops. E. Business colleges; music, art, and dance schools. F. Business and professional offices. G. Child day-care centers and pre-schools. H. Churches. I. Delicatessens, grocery stores, supermarkets. J. Drug stores, pharmacies. K. Equipment rentals. L. General merchandise sales. KM. Hardware stores. EN. Libraries. MO. Medical/dental offices and clinics and laboratories. P. Medical supply stores. NQ. Public parks and recreation facilities. OR. Repair services, such as appliance repair, shoe repair, and TV and stereo repair services. PS. Residential uses that are permitted in the RHD zone and comply with the RHD area and dimensional requirements except for mixed use structures where there is commercial use at ground level and residential uses above, in which case the required commercial setbacks of the underlying zone shall be observed. QT. Restaurants, cafeterias. RU. Self-service laundries. SV. Service Stations. TW. Specialty shops such as gift, florist, hobby, antique, candy, ice cream, video rental, bicycle, book, computer, toy, and retail pet stores. UX. Taverns and cocktail lounges. -47- VY. Veterinary offices and clinics for small animals 17.22.050 Accessory Uses. Accessory uses determined by the Planning Director to be compatible with the intent of this Chapter are permitted. 17.22.160 Conditional Uses. A. Fire Stations. B. Frozen food or cold storage lockers. C. Funeral parlors. ED. Hotels, Motels. and Hostels. DE. Off-street parking lots. FF. Self-service car washes. FG. Soeial eClubs; and lodges, and fraternal oigarfiza GH. Utility buildings and structures. I-II. Other uses compatible with the intent of this Chapter. 17 22 200 Devejopment StandardsArea and Dimensional Requirements. Area and Dimensional Requirements - A. Minimum Lot Area: 7,000 square feet for non-residential uses. Residential uses shall comply with the RHD Zone area requirements except for mixed use structures where there is commercial use at ground level and residential uses above, in which case the required commercial setbacks of the underlying zone shall be observed. B. 27 Minimum Lot Width: 50 feet. C. 3: Minimum Yard Requirements No structure shall be built within 15 feet of an alley that abuts any property that has a residential zoning classification. 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. D. 4-. Maximum Lot Coverage - 50%. E. 7 Maximum Height - 35 feet. 17 22.210 Off -Street Parkin. (See Chapter 14.40 PAMC). 17 22 230 - Design and Landscaping. A. All outdoor storage areas, except City mechanized refuse collection system containers, shall be screened from view from public rights-of-way and abutting property by a sight -obscuring fence 6 feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining non-commercial property and public rights-of-way. C. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of 3 foot to 6 foot mature height interspersed with evergreen, deciduous and/or ornamental trees. Five feet of the rear yard setback area butting a residentially zoned lot shall be landscaped in a similar manner. K 01 D. Unused space which is over 24 square feet and which results from the design of parking space arrangements or accessory structures shall be landscaped. E. One tree shall be provided for each groupof 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. F. All parking lots shall be screened by 3 -foot to 6 -foot vision -obscuring fence or vegetation on all sides adjacent to residentially zoned property. CHAPTER 17.23 CA - COMMERCIAL. ARTERIAL Sections: 17.23.010 Purpose 17.23.040 Permitted Uses. 17.23.080 Accessory Uses. 17.23.160 Conditional Uses. 17.23.200 Area and Dimensional Requirements. 17.23.210 Off -Street Parking. 17.23.230 Design and Landscaping. 17.23.010 Purpose This is a commercial zone intended to create and preserve areas for businesses serving the entire City and needing an arterial location because of the nature of the business or intensity of traffic generated by the business. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products and dry cleaning shops with hazardous materials are permitted uses. This zone provides the basic urban land use pattern for automobile oriented, commercial uses with direct access on a principal arterial street and design standards for greater automobile and truck traffic. 17.23.040 Permitted Uses: A. Retail buildings: 1. Auto supply stores, service stations, self-service gas islands, car wash facilities and tire shops. 2. New and used dealerships of automobiles, trucks, trailers, motorcycles, recreational vehicles, tractors, boats, including related sales, leasing, and servicing. 3. Building material stores, cabinet shops, glass stores, hardware stores, lumber yards, paint stores, and plumbing supply stores and chain saw sales and service stores. 4. Businesses selling medical supplies, goods, instruments, medicine, and similar items. 5. ehain saw sales and serviee stores. 65. Commercial recreation establishments, such as bowling alleys, theaters (movie and others), skating rinks, driving ranges, putt -putt golf courses, .and video arcades. -76. Farm equipment stores, garden supply stores, nurseries. $7. Food and beverage establishments, such as eoektail lounges, cafes, cafeterias, - , restaurants, take-out lunch stands, drive-in restaurants, cocktail lounges, and taverns; provided that drive-in restaurants, restaurants with cocktail -49- lounges, and taverns, a11-affwhich have direct customer access to an alley abutting residentially zoned property, shall be conditional uses. 98. Food item retail sales outlets, such as bakery shops, candy and ice cream stores, delicatessens, fruit and vegetable stands, grocery stores, liquor stores, meat and fish markets, including frozen or cold storage food lockers, and supermarkets. +99. General merchandise stores, such as catalogue sales stores, clothing and shoe stores, department stores, drug stores, second-hand stores, antique stores, pawn shops, sporting goods stores, and variety stores. +110. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. +211. Mortuaries. -1312. Motels,, and hotels and hostels. 13 Medical supply stores. 14. Specialty shops, such as bicycle, book, computer, florist, gift, hobby, toy, retail pet stores, video rental, antique, candy, and ice cream. 15. Shopping centers, not exceeding 100,000 square feet in building floor area. B. Services: 1. Art, dance, voice, and music schools. 2. Art galleries and museums. 3. Business colleges and trade schools. 4. Business and professional offices. 5. Business services offices, such as accounting, tax, employment, and management consulting services. 6. Chemical dependency treatment centers. 7. Child day-care centers and pre-schools. 8. Churches. 9. Detoxification centers. 10. Equipment rental stores. 11. Financial services offices, such as bail bond stores, banks (including those with drive through windows), financial institutions, insurance companies, real estate services, stock brokerages, and title companies. 12. Frozen food or cold storage lockers. 13. Funeral Parlors. +214. Furnishings repair shops, such as upholstering and reupholstering shops. -1315. Governmental and social service agency offices. +416. Laundries, commercial, dry cleaning shops, laundries, self-service and tailor shops. +517. Libraries. +618. Medical/dental offices and clinics and laboratories. +719. Personal services facilities, such as barber shops, beauty shops, exercise and reducing studios, and travel agencies. +820. Printing, blueprinting, photo developing and reproduction, and sign shops. }921. Public parks and recreation facilities. 2922. Repair services shops, such as appliance repair, shoe repair, and TV and stereo repair services. -50- 2-1.23. Veterinary offices and clinics for small animals. C. Institutional: 1. Soeial Clubs, lodges, D. Residential: 1. Residential uses that are permitted in the RHD zone and comply with the RHD area and dimensional requirements except for mixed use structures where there is commercial use at ground level and residential uses above, in which case the required commercial setbacks of the underlying zone shall be observed. E. Transportation and Communication: 1. Convention centers, auditoriums. 2. Ferry, seaplane, airplane, and helicopter facilities. 3. Mass transit terminals. 4. Parcel delivery service terminals. 5. Radio stations, TV stations, and newspaper buildings. 6. Vehicular services buildings, such as ambulance service, automotive and truck rentals, and vehicle maintenance and repair shops, not including auto body and paint shops and auto engine repair shops. F. Wholesale: 1. Storage services buildings, such as frozen food and cold storage lockers, mini -warehouses, transfer, moving and storage facilities. 2. Warehouse buildings and yards. 3. Wholesale stores. G. Mixed Commercial/Residential Developments. 17.23.080 Accessory Uses. Accessory uses determined by the Planning Director to be compatible with the intent of this Chapter are permitted 17.23.160 Conditional Uses. A. Auto body and paint shops and auto engine repair shops. B. Drive-in restaurants, restaurants with cocktail lounges and taverns, all of which have direct customer access to an alley abutting residentially zoned property. C. Fire Stations. D. Licensed impound yards. E. Massage parlors, saunas and steam baths, as primary use. F. Microbreweries G. Off -premises outdoor advertising signs H. Off-street business parking structures and lots. I. Recreational vehicles, vacation trailers, and campers courts and parks. J. Salvage and recycling buildings. K. Shopping centers, exceeding 100,000 square feet in building floor area. L. Social service agency buildings providing 24-hour residential care. M. Utility buildings and structures. N. Kennels, provided: 1. buildings and structures are soundproof. 2. all run areas are surrounded by an 8 -foot solid wall or fence. 3. animal runs are to be constructed in such a manner that no animal can see another. -51- O. Other uses compatible with the intent of this Chapter. 17 23 200 Area and Dimensional Requirements. A. Minimum Lot Area: 7,000 square feet for non-residential uses. Residential uses shall comply with the RHD Zone area requirements except for mixed use structures where there is commercial use at ¢round level and residential uses above, in which case the required commercial setbacks of the underlying zone shall be observed. B. Minimum Lot Width: 50 feet. C. Setbacks: Front No setback requirement. Rear No structure shall be built within the rear 15 feet of a lot that abuts an alley or a residential distriet zone. Side No structure shall be built within 15 feet of any property that has a residential zoning classification or an alley. No side yard shall be required when abutting another commercially zoned lot, except that for residential and mixed commercial/residential structures a 7 -foot side yard shall be required. D. Maximum Lot Coverage: 60% E. Maximum Building Height: 35 feet. 17 23.210 Off -Street Parking. (See Chapter 14.40 PAMC.) 17 23 230 Design and Landscaping: A. All outdoor storage areas shall be screened from public view from public rights- of-way and abutting property by a sight -obscuring fence 6 feet in height; except sanitation receptacles associated with mechanized collection. B. All lighting on the site shall be directed or shaded so as not to shine directly on adjoining non-commercial property. C. A visual screen consisting of solid fencing, landscaping, or other materials, shall be provided in the yard abutting residentially zoned land. Such a screen shall be to a height of 6 feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge visual screen of at least 6 feet mature height within three years of the planting date, except that approved vehicle driveways to an alley shall not be obstructed; and except that sanitation receptacles associated with mechanized collection shall not be obstructed. D. All required parking areas shall include landscaping of at least one tree for each group of ten parking spaces. The trees shall be of a type approved by the City, at least 2" caliper at planting time, and placed in a planting area of 10 -foot minimum width or diameter. CHAPTER 17.24 CBD - CENTRAL BUSINESS DISTRICT Sections: 17.24.010 Purpose. 17.24.040 Shoreline Master Program. 17.24.041 Permitted Uses. -52- 17.24.080 Accessory Uses. 17.24.160 Conditional Uses. 17.24.200 Development Standards. 17.24.210 Off -Street Parking. 17.24.220 Signs. 17.24.230 Design and Landscaping Standards. 17.24.010 Purpose. This is a commercial zone intended to strengthen and preserve the area commonly known as the Downtown for major retail buildings, service, financial, and other commercial operations that serve the entire community, the regional market, and tourists. It is further the purpose of this zone to establish standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Gasoline service islands and marine fueling stations are conditionally permitted uses. This zone I provides the basic urban land use pattern for high density, pedestrian oriented, commercial uses located in the center of the City with direct access to mass transit services, design standards for compatible commercial development, and support for public parking and business improvements. 17.24.040 Shoreline Master Program. Within 200 feet of ordinary high water, permitted or conditional uses must comply with the Shoreline Master Program as adopted and amended by the City. 17.24.041 Permitted Uses. A. Retail buildings: 1. Auto supply stores. 2. Hardware stores, paint stores, and plumbing supply stores. 3. Commercial recreation establishments, such as bowling alleys, theaters (movie and others), skating rinks, putt -putt golf courses, and video arcades. 4. Food and beverage establishments, such as cocktail lounges, cafes, cafeterias, restaurants, sidewalk cafes (subject to the permit requirements of the Street Use Ordinance No. 2229 as amended), take-out lunch stands, and taverns. 5. Food item retail sales outlets, such as bakery, candy and ice cream stores, delicatessens, fruit and vegetable stands, grocery stores, liquor stores, meat and fish markets, and supermarkets. 6. General merchandise stores, such as catalogue sales stores, clothing and shoe stores, department stores, drug stores, second-hand stores, antique stores, pawn shops, shopping centers (100,000 square feet or less in building floor area), sporting goods stores, and variety stores. 7. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. 8. Motels, hotels, and hostels. 9. Specialized shops, such as bicycle, book, computer, florist, gift, hobby and toy, pet stores, video rental. B. Services: 1. Art, dance, voice, and music schools and studios. -53- 2. Art galleries and museums. 3. Business colleges and trade schools. 4. Business and professional offices. 5. Business services offices, such as accounting, tax, employment, management consulting, and printing services. 6. Child day-care centers and pre-schools. 7. Churches. 8. Financial services offices, such as bail bond stores, banks, financial institutions, insurance companies, real estate services, stock brokerages, and title companies. 9. Furnishing repair shops, such as upholstering and reupholstering shops. 10. Governmental and social service agency offices. 11. Self-service laundries and tailor shops. 12. Libraries. 13. Medical/dental offices and clinics and laboratories. 14. Medical supply stores. +415. Personal services facilities, such as barber shops, beauty shops, exercise and reducing studios, and travel agencies. +516. Public parks and recreation facilities. 1617. Repair services shops, such as appliance repair, shoe repair, and TV and stereo repair services. C. Institutional: 1. Clubs and Lodges. 2. Research Vessels. D. Residential: 1. Residential uses that are permitted in the RHD zone at the RHD density allowances area and dimensional requirements. E. Transportation and Communication: 1. Convention centers, auditoriums. 2. Ferry, seaplane, and helicopter facilities. 3. Mass transit terminals and multimodal centers. 4. Off -Street business parking structures and lots. 5. Radio stations, TV stations, and newspaper buildings. 6. Vehicular rental services facilities, including light trucks, automobiles, motorcycles, mopeds, and bicycles. 7. Vessel moorage, including marinas and docks for pleasure boats, Coast Guard vessels, and submarines. F. Mixed Commercial/Residential Developments. 17 24.080 Accessory_ Uses. Accessory uses determined by the Planning Director to be compatible with the intent of this Chapter are permitted. 17.24.160 Conditional Uses. A. Boat sales, marine items, and related servicing facilities. B. Fire Stations. C. Glass stores. ED. Microbreweries. -54- FE. Self-service gas islands and gasoline service islands, accessory to convenience or grocery stores. GF. Shopping centers, exceeding 100,000 square feet in building floor area. HG. Social service agency buildings providing 24-hour residential care. 1H. Supermarkets. JI. Utility buildings and structures. KJ. Other uses compatible with the intent of this Chapter. 17 24 200 Development StandardsArea and Dimensional Requirements. A. Area and Dimensional Requirements - A. -i- Minimum Lot Area: 3,500 square feet for non-residential uses. Residential uses shall comply with the RHD area requirements , except for mixed use structures where there is commercial use at ground level and residential uses above, in which case the required commercial setbacks of the underlying zone shall be observed. I B. -2- Minimum Lot Width: 25 feet. C. 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 purposes of this Section, a publicly accessible plaza, square, outdoor dining area, or similar area shall be considered a building. 4. Maximum Lot Coverage: 100% maximum. B. Maximum Building Height: 45 feet . 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 of the bluff south of First Street. 17.24.210 Off -Street Parking: (See Chapter 14.40 PAMC). 17.24.220 Signs. Signs shall comply with Chapter 14.36 PAMC. 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 of the 10 -foot setback area abutting a residential zone shall be landscaped. Landscaping shall include shrubs and trees of at least 6 -foot mature height capable of forming a age visual screen, evergreen, deeiduotts, or ornamental trees. C. 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. -55- CHAPTER 17.25 CR - COMMERCIAL, REGIONAL Sections: 17.25.010 Purpose 17.25.040 Permitted Uses. 17.25.080 Accessory Uses. 17.25.160 Conditional Uses. 17.25.200 Area and Dimensional Requirements. 17.25.210 Off -Street Parking. 17.25.230 Design and Landscaping. 17 25 010 Purnose This is a commercial zone intended to create and preserve areas for businesses serving the entire region and needing an arterial location because of the nature of the business intensity of traffic generated or a demand for large land areas by the business. These types of commercial uses provide a multiplicity of goods and services in a single location and therefore require large areas for the building and parking Commercial uses that are lar el devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products and dry cleaning shops with hazardous materials are permitted uses. Such uses do not follow the basic land use pattem of the of the traditional townsite and are not typically pedestrian oriented This zone offers vehicular access from major transportation corridors. 17.25.040 Permitted Uses: A. Retail: 1. Auto supply stores service stations self-service gas islands, car wash facilities and tire shops. 2. New and used dealerships of automobiles trucks trailers motorcycles, recreational vehicles tractors boats including related sales leasing renting and servicing 3. Building material stores cabinet shops glass stores hardware stores, lumber yards, paint stores plumbing supply stores and chainsaw sales and service stores. A. Businesses selling medical supplies goods instruments medicine, and similar items. 5. Commercial recreation establishments such as bowling alleys, theaters (movie and others) skating rinks driving ranges putt -putt golf courses, and video arcades. 6. Farm equipment stores, garden supply stores nurseries. 7. Food and beverage establishments such as cocktail lounges, cafes, cafeterias drive-in restaurants restaurants take-out lunch stands and taverns; provided that drive-in restaurants restaurants with cocktail lounges and taverns, all of which have direct customer access to an alley abutting residentially zoned property, shall be conditional uses. 8. Food item retail sales outlets such as bakery shops candy and ice cream stores delicatessens fruit and vegetable stands grocery stores liquor stores meat and fish markets including frozen or cold storage food lockers and supermarkets. 9. General merchandise stores such as catalogue sales stores, clothing and shoe stores department stores drug stores second-hand stores antique stores, pawn shops, sporting goods stores and variety stores. 10. Household furnishings stores such as appliance stores furniture stores, office equipment stores and stereo stores. 11. Mortuaries. Wei 12. Motels, hotels and hostels. 13. Specialty shops such as bicycle book. computer, florist, gift, hobby, toy, retail pet stores video rental antique, candy, and ice cream. 14. Shopping centers. B. Services: 1. Artdance voice, and music schools. 2. Art galleries and museums. 3. Business colleges and trade schools. 4. Business parks and professional offices. 5. Business services offices such as accounting, tax, employment, and management consulting services. 6. Cemeteries. 7. Chemical dependency treatment centers. 8. Child day-care centers and pre-schools. 9. Churches. 10. Detoxification centers. 11. Equipment rental stores. 12. Financial services offices such asbail bond stores, banks (including those with drive through windows) financial institutions insurance companies, real estate services, stock brokerages, and title companies. 13. Frozen food or cold storage lockers. 14. Furnishings repair shops such as upholstering and reupholstering shops. 15. Funeral parlors. 16. Governmental and social service agency offices. 17. Laundries commercial dry cleaning shops, laundries, self-service and tailor shops. 18. Libraries. 19. Medical/dental offices and clinics and laboratories. 20. Personal services facilities such as barber shops, beauty shops, exercise and reducing studios and travel agencies. 21. Printing blueprinting, photo developing and reproduction, and sign Lb -0- -S. 22. Public parks and recreation facilities. 23. Repair services shops such as qppliance repair, shoe repair, and TV and stereo repair services. 24. Veterinary offices clinics and kennels. C. Institutional: 1. Social clubs lodges and fraternal organizations. 2. Schools D. Residential: 1. Residential uses that areoermitted in the RHD zone and comply with the RHD area and dimensional requirements. 2. Mobile home parks. 3. Duplexes. 4. Multiple -family dwellings E. Transportation and Communication: -57- I . Convention centers, auditoriums. 2. Airplane and helicopter facilities. 3. Mass transit terminals. 4. Parcel delivery service terminals. 5. Radio stations TV stations and newspaper buildings. 6. Vehicular services buil dins, such as ambulance service, automotive and truck rentals and vehicle maintenance and repair shops not including auto body and paint shops. F. Wholesale: 1. Storage services buildings such as frozen food and cold storage lockers, mini -warehouses transfer, moving and storage facilities. 2. Warehouse buildings and yards. 3. Wholesale stores. G. Mixed Commercial/Residential Development 17 25 080 Accessory Uses Accessory uses determined by the Planning Director to be compatible with the intent of this Chapter are permitted. 17.25.160 Conditional Uses. A. Auto body and paint shops. B. Drive-in restaurants restaurants with cocktail lounges and taverns, all of which have direct customer access to an alley abutting residentially zoned property. C. Fire Stations. D. Licensed impounday rds. E. Massage parlors saunas and steam baths as primary use. F. Microbreweries. G. Off -premises outdoor advertising signs. H. Off-street business parking structures and lots. I. Recreational vehicles vacation trailers and campers courts and parks. J. Salve and recycling buildings. K. Social service a2ency buildings providing 24-hour residential care. L. Utilitv buildings and structures. M. Otber uses compatible with the intent of this Chapter. 17 25 200 Area and Dimensional Requirements. A. Minimum Lot Area: 7,000 square feet for non-residential uses. Residential uses shall comply with the RHD Zone area requirements. B. Minimum Lot Width: 50 feet. C. Setbacks: Front No setback requirement. Rear No structure shall be built within the rear 15 feet of a lot that abuts an alley or a residential district. Side No structure shall be built within 15 feet of any property that has a residential zoning classification or an alley. No side yard shall be required when abutting another commercially zoned lot, except that for residential and mixed commercial/residential structures a 7 -foot side yard shall be required. D. Maximum Lot Coverage: 60% E. Maximum Building Height: 35 feet. ma 17.25.210 Off -Street Parking. (See Chapter 14.40 PAMC.) 17.25.230 Design and Landscaping: A. All outdoor storage areas shall be screened from public view from public rights- of-way and abutting_ property by a sight -obscuring fence 6 feet in height; except sanitation receptacles associated with mechanized collection. B. All lighting on the site shall be directed or shaded so as not to shine directly on adjoining non-commercial property. C. A visual screen consisting of solid fencing, landscaping, or other materials, shall be provided in the yard abutting residentially zoned land. Such a screen shall be to a bei hg t of 6 feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge of at least 6 feet mature height within three years of the planting date, except that approved vehicle driveways to an alley shall not be obstructed, and except that sanitation receptacles associated with mechanized collection shall not be obstructed. D. All required parking areas shall include landscaping of at least one tree for each group of ten parking spaces with a minimum of two (2) trees exclusive of any perimeter landscaping. The trees shall be of a type approved by the City, at least 2" caliper at planting time and placed in a planting area of 10 -foot minimum width or diameter. CHAPTER 17.31 PID - PLANNED INDUSTRIAL DEVELOPMENT OVERLAY ZONE Sections: 17.31.010 Purpose 17.31.020 Applicability. 17.31.030 Permitted Uses. 17.31.040 Permitted Modifications of Land Use Regulations. 17.31.050 Standards. 17.31.060 Basic Density. 17.31.070 Area and Dimensional Requirements 17.31.080 Off -Street Parking 17.31.090 Design and Landscaping 17.31.110 Procedure for Approval. 17.31.120 Pre -Application Review. 17.31.130 Application Procedure. 17.31.140 Routine and Staff Recommendations. 17.31.150 Planning Commission Public Hearing - Scheduling and Notice. 17.31.160 Planning Commission Recommendation - Preliminary Development Plans. 17.31.170 City Council Action - Preliminary Development Plans. 17.31.180 Final Approval of Planned Residential Development. 17.31.190 Planning Commission Review of Final Development Plan. 17.31.200 City Council Final Action. 17.31.210 Building Permits. 17.31.220 Modifications After Final Approval. 17.31.010 Purpose. This Overlay Zone is to provide alternative zoning regulations in industrial zones, which permit and encourage design flexibility, conservation and protection of natural amenities, critical areas, and innovation in developments to those regulations found in the underlying zone. It is intended that a Planned Industrial Development may result in a -59- mixed use environment of higher quality than traditional single use industrial development by use of a design process which includes within the site design all the components of a mixed use neighborhood such as open space circulation building ypes a variety of uses, and natural features in a manner consonant with the public health safety, and welfare. By providing an opportunity to develop or redevelop industrial zoned sites to incorporate mixed residential, commercial and light industrial uses together on the same site open space amenities convenient access to commercial needs and work opportunities and efficient residential densities can be provided. It is also intended that a Planned Industrial Development may combine a number of land use decisions such as conditional use permits rezones and subdivisions into a single protect review process to encourage timely public hearings and decisions and to provide for open space, commercial and residential uses that are not permitted in traditional industrial zones. The consolidation of permit reviews does not exempt applicants) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes. Few heavy industrial uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with heavy industrial uses. This overlay zone provides for the opportunity to create self-contained mixed use neighborhoods with a variety of housing, commercial and employment choices without following a standard system of public streets and lot design and with allowances for mixed use residential and commercial developments not usually permitted in industrial zones These types of office commercial residential, and light industrial uses typically involve the need for a large campus -like site with amenities suitable for mixed use developments and buffering measures to reduce the impact of large scale development on adjacent uses While industrial and commercial uses that are devoid of any impacts detrimental to the environment are allowed vehicle service stations with petroleum products, automobile dealerships and other land intensive uses entertainment businesses with adult -only activities and a variety of manufacturing maintenance and repair shops using hazardous materials are prohibited uses. 17.31.020 Applicability. Planned Industrial Developments may be established, subject to final approval of a proposal for a specific parcel or parcels of land, in all industrial zones which do not allow residential uses and may include land which is zoned PBP. A Planned Industrial Development shall contain a minimum of one (1) acre. 17.31.030 Permitted Uses. Residential uses allowed in the RHD zone are allowed within a Planned Industrial Development of less than 3.44 acres; provided that, for purposes of this Chapter, a single family residence may be attached to another dwelling by common walls. Residential building types in a Planned Industrial Development of 3.44 acres or more may vary from those permitted in the underlying zone. 17.31.040 Permitted Modifications of Land Use Regulations. The approval of a Planned Industrial Development may include modifications in the requirements and standards of the underlying land use regulations of the zone in which the project is located, subject to the limitations of this Chapter, except that no qpproval shall include a modification, variance or waiver of the setback areas required by the underlying zones along the exterior property lines of the PID or of the requirements of the Shoreline Master Program except as provided in Chapter 173-14 WAC For the purpose of this section minimum setbacks along exterior property lines shall be based on the final lot configuration after subdivision of the property. 17.31.050 Standards The following standards shall apply to all Planned Industrial Developments. A. All street and utility improvements shall be constructed to standards specified by the Citk of Port Angeles Street widths may vM from widths required in the Subdivision Reaulations and interior circulation streets may be either public or private. B. All Planned Industrial Developments that include residential uses shall devote at least 30% of the gross area of the site to common usable open space, half of which must be used for recreational purposes and none of which will be credited in the setback areas required along the exterior property lines of the PID. Street rights-of-way, driveways, parking lots and utility structures shall not be counted as part of the common usable open space. Common usable open space shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels unless such parcels are to be owned by a homeowners association. Community recreation facilities and recreation structures shall be included in calculating the area devoted to common usable open space. C. All Planned Industrial Developments that include residential uses and provide common open spaces recreation facilities private roads, utilities, parking areas or other similar developments within the boundaries of the PID shall provide for continuous and peroetual maintenance of those common amenities of the PID in form and manner acceptable to the City. D. Platting_shall be required of all projects which involve or contemplate the subdivision of land Lots in a platted Planned Industrial Development may be sold to separate owners according to the separate lots as shown in the recorded plat which is approved in connection therewith Development of all lots within the platted Planned Industrial Development shall be as shown in the approved PID. No further subdivision of land within the Planned Industrial Development will be permitted unless a formal amendment to the PID is approved. E. Conditional Use Permits shall be required of all projects which involve or contemplate conditional uses which may be allowed in the underlying zone(s). No further conditional use permits except home occupations will be permitted within the Planned Industrial Development unless a formal amendment to the PID is approved. F. For any underlying land use regulatory process that is consolidated through the PID overlay process the criteria and development standards of that underlying land use regulatory process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulator process shall also require a formal amendment to the PID. G. To encourage design flexibility, conservation of natural amenities, and innovations which result in a higher quality environment than traditional development, site planning and architectural review which address the following criteria are required of all development in the PID Where applicable the design of PIDs that include residential uses shall accomplish the following to the greatest extent possible: 1. Preserve unique physical features of the site including, but not limited to, creeks wetlands ravines bluffs lakes or ponds shorelines, and forest areas. . 2. Preserve scenic view corridors, both internal and external to_the _site. 3. Provide recreation facilities including, but not limited to, bicycle or pedestrian paths children's play areas and playfields. 4. The design of all open space areas and building structures shall be compatible with and complementary to the environment in which they are placed. H. All Planned Industrial Developments shall comply with the goals and policies of the Port Angeles Comprehensive Plan. 17.31.090 Design and Landscaping A minimum five-foot landscaping area shall be provided abutting public rights-of-way, except for approved curb cuts. B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining non -industrially zoned property or on public rights-of-way. C. A ten -foot wide buffer zone must be maintained adjacent to all residential or commercial uses which buffer zone shall not be used for storage driveways, auto parking, or structures except security fences A visual screen consisting of solid fencing, landscaping, or other materials shall be provided in the buffer zone Such a screen shall be to a height of 6 feet. If landscaping is used it shall include evergreen shrubs planted to form a visual screen of 6 feet mature height within three years of planting date, except that approved vehicle driveway openings shall not be obstructed. D. One tree shall be provided for each group of 10 or fewer 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. 17.3 1 110 Procedure for Approval The procedure for approval of a Planned Industrial Development shall be composed of four steps: A. Public hearing on the preliminary development plan and if applicable the preliminary, plat and other permit actions and recommendation by the Planning Commission to the City Council; B. Approval b the he City Council at a public meetingof the preliminary development plan and other actions as applicable: C. Public meeting by the Planning Commission to review the final development plan and plat for compliance with the approved preliminary development plan, and recommendation to the City Council: D. Approval of the final development plan and plat by the City Council following a public hearing. 17 31 120 Pre -Application Review. Prior to applying for a PID a developer shall submit a conceptual plan to the Planning Department The conceptual plan will be reviewed for its general compliance with the intent standards and provisions of this Chapter and other City ordinances by the appropriate departments of the City, and written comments in regard to the plan will be furnished to the developer. The conceptual plan shall contain in sketch form all of the information required in Section 17.31.090 E and G. 17 31 130 Application Procedure The application for a Planned Industrial Development shall contain the following: A. The name location and legal description ofthe proposed development togetherwith the names addresses and telgphone numbers of the recorded owners of the land and of the applicant and if applicable the names addresses and telephone numbers of any land surveyor, architect planner, designer or engineer responsible for the preparation of the plan and of any authorized representative of the applicant. B. A narrative explaining the proposed use or uses of the land and building, including the proposed number of dwelling units by type such as single family detached, row housing, and apartments• information on any pecial features conditions ofwhich cannotbe adequately shown on drawings, types of commercial structures and required parking,• and an explanation of any covenants continuous maintenance provisions and/or homeowners association for the project. C. A survey of the property showing existing features including contours at 5 -foot intervals buildings structures streets utility easements rights-of-way, and existing land uses. D. If the site has been previously use as an industrial site where petroleum products, pesticides or other hazardous chemicals or products were used or stored, a soil survey indicating the location and amounts of pollution on the site When hazardous levels ofpollutants are found, a clean-up or remediation plan is required. -62- E. A vegetation survey of the property by either (a) an aerial photograph ofthe property in a scale acceptable to the City, which identifies significant groupings of trees and unusual or fine specimens of their species,• OR (b) a survey of all trees over twelve inches in trunk diameter measured at four feet above the ground-, as determined by the Planning Director, in those areas where improvements are proposed General wooded areas where no improvements are proposed will require a vegetation survey containing the following elements: 1. A mapping of the extent of the wooded areas with survey of perimeter trees only. 2. A narrative regarding the types (species) and condition of the trees and under - story in the wooded area. 3. Identification of trees which are unusual or fine specimens of their species. 4. In general wooded areas where minor improvements are proposed, a survey of trees over twelve inches in trunk diameter measured at four feet above the ground will be firequired to a reasonable distance around the improvements. F. Preliminary site plans showing existing and proposed contours at 5 -foot intervals, location and principal dimensions of buildings open space recreation areas parking areas, circulation landscape areas subdivision platting and general arrangement. G. A preliminary plat if applicable pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC. H. If a developer elects to obtain additional density credits, the site plan application shall contain specific information relating to the additional density credit criteria of Section 17.70.061. I. Preliminary elevation and perspective drawings of project structures. J. A preliminary utilities plan including fire hydrant locations. K. A prelimingy storm drainage plan with calculation of impervious areas. L . An off-street parking plan and circulation plan showing all means of vehicular and pedestrian ingress and egress to and from the site; size and location of driveways, streets, sidewalks trails and parking spaces Any new traffic control devices required for the safety of the project must be shown. M. Mailing labels as required for public notice pursuant to Section 17.96.140 PAMC. 17 31 140 Routing and Staff Recommendations. Upon receipt of an application satisfying the requirements of Section 17.31.090, the Planning Department shall route the same to all appropriate City Departments Each such department shall submit to the Planning Department recommendations and comments regarding the application The Planning Department shall prepare a report to the PlanningL Commission summarizing the factors involved, the recommendations of other departments and the Planning Department recommendation and findings A cop, of the report shall be mailed to the applicant and copies shall be made available at cost for use by any interested party. 17 31 150 - Planning Commission Public Hearing - Scheduling and Notice. Upon receipt of an application satisfying the requirements of Section 17.31.090, the Planning Department shall schedule a public hearing before the Planning Commission. Public notice shall be given as provided in §17.96.140. 17 31 160 Planning Commission Recommendation - Preliminary Development Plans. Prior to making a recommendation on an application for a preliminary Planned Residential Development the Planning_ Commission shall hold a public hearing. The Commission's recommendation on PID density shall be based upon Sections 17.31.010, .060 and .100, and the recommendation for approval denial or approval with modifications or conditions shall be forwarded to the City Council in written form based upon compliance with Section 17.31.050 and the following criteria: A. The proposed development will comply with the policies ofthe Comprehensive Plan and further the attainment of the objectives and goals of the Comprehensive Plan. B. The proposed development will through the improved utilization of open space, natural topography densities and integrated circulation systems, create a mixed use environment of higher quality than that normally achieved by traditional development. C. The proposed development will be compatible with adjacent existing and future developments. D. All necessary municipal utilities services and facilities existing and proposed are adequate to serve the proposed development. E. The internal streets serving the proposed development are adequate for the anticipated traffic levels and the street system of the proposed development is functionally connected b an n improved collector street to at least one improved arterial street. F. If the development is planned to occur in phases each phase shall meet the requirements of a complete development Developments of less than 3.44 acres shall not be done in phases. 17 31 170 City Council Action - Preliminary Development Plans. The City Council shall, at a public meeting, consider the recommendation of the Planniniz Commission. The Council may approve deny, or approve with modifications or conditions the submitted preliminary development121ans Approval shall be by Council action which incorporates the approved preliminary development plans by reference and shall include findings based upon Section 17.31.060, .100, and .190. 17 31 180 Final Approval of Planned Industrial Development. Application for final approval of the Planned Industrial Development shall be submitted within one year of the qpproval of the preliminary development plan• provided that for phased PID's each phase shall have an additional one-year period for final approval; and provided further that an applicant may qpply to the Planning Commission and the Commission may approve, one or more one-year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by the Planning Commission and City Council, and the application for final approval must be made by the owners of the entire site. The application shall include the followine: A. A title report showing record ownership of the parcel or parcels upon which the PID is to be developed. B. Guarantee ensuring the retention and continued maintenance of common open space, recreation facilities and recreation structures. If development is to be done in phases, each phase must meet the requirements of this Section. C. Final development plans which shall be in compliance with the approved preliminary development plans. D. The final plat if applicable pursuant to Chapter 58.17 RCW and Chapter 16.04 and 16.08 PAMC E. Development schedule. F. Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase as determined by the City. 17 31.190 Planning Commission Review of Final Development Plan. The Planning Commission shall consider the application for final approval at a public meeting. A recommendation to the City Council for approval shall include findings on the followinK. A. Compliance with the approved preliminary development plans; B. Adequacy of the provisions for maintenance of required common open space and other common improvements; C. The final plat, if applicable; and D. Bonding or other acceptable form of security for the whole or specific parts of the project. 17.31.200 City Council Final Action. The City Council shall review the recommendation of the Planning Commission at a public hearing, notice of which shall be given as provided in Section 17.96.140, and shall approve, deny, or approve with modifications the final development plan and, if applicable, the final plat. Approval of the final development plan shall be by ordinance and a copy of the final PID shall be filed with and made a part of said ordinance. The Zoning Map shall be amended to indicate the extent of the approved Planned Residential Development, and all future development of the site shall be in conformance with thea approved PID. 17.31.210 Building Permits. The Building Division shall issue building_ permits for buildings and structures which conform with the approved final development plans for the Planned Industrial Development and with all other applicable City ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed buildings or structures which conform to the requirements of the approved final development plans and all other applicable City ordinances and regulations. The construction and development of all the common usable open spaces, including recreation facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued; except when bonds or other acceptable forms of security are deposited assuring, the completion of such facilities within six months. 17.31.220 Modifications After Final Approval. The final approval shall be binding upon the development, and design variations from the plan must be submitted to the Planning Commission and City Council for approval and amendment of the ordinance, except for minor changes, as follows: The Planning Department is authorized to allow minor adjustments in the development schedule, location, placement, height, ordimension ofbuildings and structures, not to exceed an alteration of ten percent in height or ten feet in any other direction, when such minor changes and alterations are required been engineering and other circumstances not foreseen orreasonably foreseeable at the time of approval of the final development plans; except that such adjustments shall not increase the total amount of floor space authorized in the approved final PID, or the number of dwelling units or density, or decrease the amount of parking or loading facilities, or permit buildings to locate closer to the closest boundary line, or decrease the amount of open space, or decrease the recreation facilities, or change any points of ingress ore erg ss to the site, or extend the development schedule for not more than twelve months. CHAPTER 17.32 IL - INDUSTRIAL, LIGHT Sections: 17.32.010 Purpose. 17.32.020 Permitted Uses. 17.32.030 Accessory Uses. 17.32.040 Conditional Uses. 17.32.050 Area and Dimensional Requirements. 17.32.060 Off -Street Parking. 17.32.080 Design and Landscaping. 17.32.010 Purpose This is an industrial zone intended to create and preserve areas for industrial uses which are largely devoid of exterior nuisances in close proximity to airports and highways. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non -industrial property, and do not have an exceptional demand on public facilities. These types of industrial uses typically involve the manufacture of finished products from pre -fabricated materials, product wholesaling, and material storage. Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required. While industrial and commercial uses that are largely devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products and entertainment businesses with adult -only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides the basic urban land use pattern for light industrial uses with direct access on an arterial street, design standards for greater truck traffic, and buffers for nonindustrial uses. 17.32.020 Permitted Uses. A. Manufacturing buildings for: 1. Clothing, shoes, and garments. 2. Electrical, electronic, and communications equipment. 3. Handicrafts, jewelry, musical instruments, and toys. 4. Assembly of machinery, such as but not limited to engines, vehicles, boats, aircraft, and parts thereof. 5. Medical, dental, optical, and orthopedic instruments and appliances. 6. Assembly of metal products, such as small arms, pens, office furniture, tools, and household appliances. 7. Microbreweries. 8. Assembly of mobile and modular homes and home components. 9. Wood products, such as cabinets, furniture, fixtures, and pre -fabricated building components. B. Retail buildings: 1. Adult entertainment businesses. 2. Auto and truck service stations, gasoline service islands. 3. Chain saw sales and service stores. 4. Cocktail lounges and taverns. 5. Restaurants and cafes. 6. Retail establishments accessory to building materials, electrical, and plumbing supplies. C. Wholesale Distribution: 1. Warehouse buildings and yards. 2. Wholesale stores. D. Services: 1. Building maintenance and janitorial services buildings. 2. Equipment rental stores, including heavy equipment. 3. Laundry and dry cleaners buildings. 4. Machinery maintenance and repair shops. 5. Mini -warehouses. 6. Business and professional offices. 7. Research and development laboratories. 8. Storage yards and maintenance shops for builders, contractors, and governmental agencies. 9. Veterinary clinics, offices, and kennels. E. Transportation and Communication: 1. Airports, airport terminals, and related facilities. 2. Freight companies terminals. 3. Household moving and storage buildings. 4. Mass transit terminals. 5. Off-street business parking structures and lots. 6. Parcel delivery service buildings. 7. Printing, publishing, and book -binding buildings. 8. Vehicular services facilities, such as automotive and truck rentals, vehicle maintenance and repair shops, auto and truck body and paint shops, and auto and truck engine repair shops. 9. Utility buildings and structures. 17.32.030 Accessory Use Accessory uses determined by the Planning Director to be compatible with the intent of this Chapter are permitted. 17.32.040 Conditional Uses. A. Manufacturing buildings for: 1. Processing of food products, such as meat, fruit, vegetables, seafood, beverages, vegetable oils, and dairy products. 2. Pharmaceutical and drug products. 3. Plastic and other synthetic products. 4. Specialized small mechanical parts, tools, die-casting, bearings, patterns, and other similar products, welding shops, and machine shops. B. Other: 1. Agricultural uses, defined as commercial farming and animal husbandry. 2. Fire stations. 3. Off -premises outdoor advertising signs. 4. Public juvenile detention facilities, where: a. The average daily noise levels (ldn) do not exceed 45 decibels for interior sleeping quarters, or such other standard as is generally accepted; and b. The existing and potential industrial uses will not adversely impact the detention center. 5. Public parks and recreation facilities, where: a. The average daily noise levels (ldn) do not exceed 45 decibels for interior portions of the buildings; b. There are no existing industrial uses in the vicinity which would adversely impact the use; and C. In the event a change in circumstances is found by the Planning Commission which would result in potential adverse impacts on or land use conflicts to an approved use, the conditional use permit shall become void and the use shall cease. 6. Radio towers exceeding thirty-five (35) feet. 7. Social service agencies providing 24-hour residential care, where a. The average daily noise levels (ldn) do not exceed 60 decibels for exterior portions of the site and 45 decibels for interiors of living quarters; b. There are no existing industrial uses in the vicinity which would adversely impact the residential use; and C. In the event a change in circumstances is found by the Planning Commission which would result in potential adverse impacts on or land use conflicts to an approved residential use, the conditional use permit shall become void, and the residential use shall cease. 8. Small scale sawmills, where: a. The sawmill, including the sawmill site and the total area of operations, occurs on an area of one-half acre or less, including the storage of logs and finished products; b. The gross weight of the sawmill is no greater than ten thousand pounds; C. The hours of operation are limited from 7:00 a.m. to 6:00 p.m. Monday through Friday; d. All lighting is directed away from residential areas; e. Noise levels comply with Chapter 173-60 WAC, to the extent applicable; and f. Wood waste management is conducted to avoid excessive accumulation of wood waste. 9. Other uses compatible with the purpose of this Chapter. 17 32 050 Area and Dimensional Requirements. A. Minimum Lot Area: 7,000 square feet. B. Minimum Lot Width: None. C. Setbacks: Front - 25 feet, except 35 feet abutting a residentially or commercially zoned property. Rear - 25 feet, except 35 feet abutting a residentially or commercially zoned property. Side - 15 feet, except 25 feet abutting a residentially or commercially zoned property. D. Maximum Lot Coverage: None. E. Maximum Height: 35 feet. 17.32.060 Off -Street Parkin. (See Chapter 14.40 PAMC). 17 32 080 Design and Landscaping. A. A minimum five-foot landscaping area shall be provided abutting public rights- of-way, except for approved curb cuts. B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining non -industrially zoned property or on public rights-of-way. C. A ten -foot wide buffer zone must be maintained adjacent to all residentially or commercially zoned property, which buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. A visual screen, consisting of solid fencing, landscaping, or other materials, shall be provided in the buffer zone. Such a screen shall be to a height of 6 feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge visual screen of 6 feet mature height within three years of the planting date; except that approved vehicle driveway openings shall not be obstructed. D. One tree shall be provided for each gron of 10 parkin 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. CHAPTER 17.34 IH - INDUSTRIAL. HEAVY Sections: 17.34.010 Purpose. 17.34.020 Permitted Uses. 17.34.030 Accessory Uses. 17.34.040 Conditional Uses. 17.34.050 Area and Dimensional Requirements. 17.34.060 Off -Street Parking. 17.34.010 Purpose 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. Significant adverse impacts can be expected from permitted industrial uses that involve hazardous materials, noise, air and water pollution, shift work around the clock, entertainment businesses with adult -only activities, and outside storage yards and manufacturing activities. This zone provides the basic urban land use pattern for heavy industrial uses with direct access to major transportation facilities, design standards for greater truck traffic, and buffers for nonindustrial uses unless deemed impractical. 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 (animal shelter). I. 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, adult entertainment business, or similar amusement enterprise. h. Railroad yaM or roundhouse. ML. Sawmills, paper mills, pulp mills. NM. Ship building, storage, repair, boat havens, marinas. ON. Storage yards; building materials, tractors, trucks, boats, equipment. PO. Transportation or freight terminal. QP. Truck, trailer, motorcycle, repairing, overhauling, rental, sales. RQ. Utility buildings and structures. -SR. Veterinary clinics, offices, and kennels. TS. Warehousing, distributing plants. UT. Wood products manufacture. 'FSU. 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 11. machinery 12. paper and pulp 13. prefabricated buildings 14. signs, all types 15. salt works 16. vegetable or other food oil. 17 34.030 Accessory Uses. Accessory uses determined by the Planning Director to be compatible with the intent of this Chapter are permitted. 17.34.040 Conditional Uses. A. Distillation of wood, coal or bones or manufacture of any of their by-products. B. Fire Stations. C. Fuel yards subject to the limitations contained in PAMC 14.21.030 (B). D. Gas (illuminating or heating) manufacture or storage subject to the limitations contained in PAMC 14.21.030(A). E. Manufacturing, processing, packing, storage of: 1. asphalt 2. chemicals 3. ceramics 4. drugs, pharmaceuticals 5. perfumes 6. paint, lampblack, varnish, oil, turpentine 7. plastics -70- 8. soap and soap products, toiletries 9. tar roofing or waterproofing. F. Sale of marine supplies. G. Off -premises outdoor advertising signs. H. Power, light or steam plant. I. Retail uses establishments incidental to a use permitted under Section 17.34.020 when located on the same zoning lot as the permitted use. J. Restaurants, cafeterias. K. Other uses compatible with the intent of this Chapter. 17.34.050 Area and Dimensional Requirements. A. Minimum lot size: 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 when abutting commercial or residential zones. Unless deemed by the City to be impractical, ineffective, or unnecessary, 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. C. Maximum Building Height: 75 feet. Height in excess of 75 feet may be allowed by conditional use permit and may require increased setbacks. D. Maximum Lot Coverage: None. 17.34.060 Off -Street Parkin. (See Chapter 14.40 PAMC). CHAPTER 17.36 IM -INDUSTRIAL, MARINE 17.36.010 Purpose. This is an industrial zone intended to preserve industrial areas in the harbor for marine industrial uses which are characterized as water dependent or water related. Because there is a very limited amount of shorelands adjacent to the Port Angeles Harbor, a zone that allows for mixed uses that do not adversely mpact each other can maximize potential water dependent water related and water enjoyment uses of the harbor without excluding either industrial or nonindustrial uses being intermixed. Certain commercial, residential, public, and other mixed uses may be appropriately located in this zone, and, therefore, heave industrial manufacturing uses which have significant nuisance factors, shall not be located in this zone. 17.36.020 Permitted Uses. A. Emergency stations including lighthouses, marine rescue, oil clean-up, and other facilities. B. Institutional facilities, including marine laboratories and yacht clubs C. Marinas including boat moorage, storage, repairs, sales, supplies, marine fueling, mad other services to the boating public. D. Personal services facilities, such as barber shops, beauty shops, exercise and reducing studios tamping salons, and travel agency offices. E. Recreational facilities including public parks and piers, aquariums, waterfront trails and water enjoyment commercial recreation establishments. F. Restaurants cafes cafeterias, cocktail lounges, delicatessens, mad taverns. G. Specialty shops such as antique art supplies bicycle, book, candy and ice cream clothing coffee and espresso computer, florist gift hobby and toy, Jewelry, kayak, pet and video rental. H. Transportation terminals including facilities for ferries, cruise ships, vehicle rentals seaplanes research vessels mass transit and other facilities for moving people not goods. 17 36 030 Accessory Uses Accessory uses determined by the Community Development Director to be compatible with the intent of this Chapter are permitted. 17.36.040 Conditional Uses. A. Business, professional and governmental offices incidental to a use permitted reader Section 17 36 020 when located on the same zoning lot as the_permrtted use. B. Hotels motels convention centers, and auditoriums. C. Residential structures that are permitted in the RHD zone at the RHD density allowance area and dimensional requirements except in areas designated as restricted clean-up sites. D. Upland aquaculture facilities. E. Warehousing and distribution facilities for goods mad products. 17.36.50 Development Standards A. Area and Dimensional Requirements. 1. Minimum Lot Area: 7,000 square feet 2. Minimum Lot Width: None. 3. Setbacks: Front - 25 feet Rear - 25 feet Side - 15 feet 4. Maximum Lot Coverage: None. C. Maximum Building Height: 35 feet. 17 36 60 Off -Street Parking (See Chapter 14.40 PAMC.) 17.36.70 Signs. A. One business sign for each wail not to exceed one square foot for each horizontal lineal foot of the building wall upon which it is mounted or 300 square feet, whichever is less shall be permitted. B. One free-standing, detached business sign not exceeding 15 feet in height and 35 square feet in area shall be permitted. C. Each public and private directional traffic and warning attached and detached sign shall not exceed 6 square feet in area. D. Signs may be lighted but not intermittent or flashing. 17 36 80 Design and Landscaping A. A minimum five-foot landscaping area shall be provided abutting public rights of -way, except for City approved curb cuts. B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining property or public right-of-way. C. A ten foot wide buffer zone must be maintained from adjacent properties. This buffer zone shall not be used for storage driveways parking or structures, except for fences A visual screen consisting, of solid fencing landscaping or other materials shall be -72- provided in the buffer zone If landscaping is used it shall include evergreen shrubs planted to form a hed= visual screen of 6 feet mature height within three years of the planting date. All visual screens shall be to a height of 6 feet except where views shall not be obstructed in the vision triangle for City approved vehicle driveway intersections with the street or alley. D. One tree shall be provided for each group of 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. CHAPTER 17.96 ADMINISTRATION AND ENFORCEMENT Sections: 17.96.010 Scope of Regulations. 17.96.020 Interpretation 17.96.030 Rules for Interpreting Zoning Boundaries. 17.96.040 Substandard Lots, Recorded Lots. 17.96.045 Zoning Lot Covenants - Applicability. 17.96.050 Conditional Use Permit. 17.96.060 Unclassified Use Permit. 17.96.070 Hearing and Appeal of Conditional or Unclassified Use Permit Applications. 17.96.080 Variances and Decisions of Planning Director. 17.96.090 Filing Fees. 17.96.095 Zoning Initiation by the Planning Commission. 17.96.100 Amendments. 17.96.110 Subdividing. 17.96.120 Enforcement. 17.96.125 Nonresidential Dwelling Prohibitions. 17.96.130 Entry Upon Private Property. 17.96.140 Notice of Public Hearings. 17.96.150 Appeals. 17.96.160 Code Revisor. 17.96.170 Zoning Code Amendment. 17.96.180 Penalties. 17.96.010 Scope of Regulations. A. All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, all enlargements of or additions to existing uses occurring hereafter, shall be subject to these Zoning Regulations which are applicable to the zones in which such buildings, uses, or land shall be located. B. Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of these Zoning Regulations, and provided that construction has begun by said date, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and upon completion may be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions in regard to nonconforming buildings, uses, and structures. 17.96.020 Interpretation. A. In the interpretation and application of these Zoning Regulations, the provisions of these Regulations shall be held to be the minimum requirements for the promotion of public health, safety, and welfare. B. Where the conditions imposed by any provisions of these Zoning Regulations upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of these Zoning Regulations or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are most restrictive (or which impose higher standards or requirements) shall govern. C. These Zoning Regulations are not intended to abrogate any easement, covenant, or any other private agreement; PROVIDED that where these regulations are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, the requirements in these Zoning Regulations shall govern. D. No building, structure, or use which was not lawfully existing at the time of the adoption of these Zoning Regulations shall become or be made lawful solely by reason of the adoption of these Zoning Regulations, and to the extent and in any manner .that said unlawful building, structure or use conflicts with the requirements of these Zoning Regulations, said building, structure, or use remains unlawful. 17 96 125 Nonresidential Dwelling Prohibition. House trailers, automobiles, automobile trailers, mobile homes, park model manufactured homes, boats, recreation vehicles, vacation trailers and campers shall not be used for residential purposes in the City of Port Angeles except in approved Trailer Parks or as permitted by Section 17.95.060 PAMC (Temporary Use Permit). 17 96 030 Rules for Interpretin Zoning oning Boundaries A. When uncertainty exists as to the boundaries of zones as indicated on the Official Zoning Map, the following rules shall apply: 1. Boundaries shown on the Zoning Map as approximately following the center line of streets, alleys, highways or City limits shall be construed as following such center lines and City limits. 2. Distances not specifically indicated on the Zoning Map shall be determined by applying the scale of the Map. 3. Where a zone boundary line parallel, or approximately parallel, to a street divides a lot or property in single ownership having street frontage in a less restrictive zone, the provisions applicable to the less restrictive zone may be extended to the entire lot, but in no case for a distance of more than twenty-five (25) feet. Where such zone boundary line divides a lot having street frontage only in a more restrictive zone, the provisions of these Regulations covering the more restrictive portion of such lot shall extend to the entire lot. 4. Where a zone boundary line divides a lot of single ownership and such line is at right angles or approximately at right angles to the street, highway or place upon which said lot fronts, the provisions of these Regulations applicable in the less restrictively zoned portion of the lot may be extended to the entire lot or for a distance of twenty-five (25) feet from such zone boundary line, whichever is the lesser distance. 5. Where a zone boundary line, as indicated on the Zoning Map, follows the top or bottom of a bluff or bank, such line shall be at the point which is the average grade of the slope for the bank and top, or bottom, as determined by the City Engineer. B. Interpretation on zoning boundaries shall be made consistent with the City's Comprehensive Plan goals, policies, and objectives. 17 96 040 Substandard Lots, Recorded Lots. When a lot has less than the minimum required area or width in any zone, and said lot was of record on the effective date of these Zoning Regulations, such lot shall be deemed to have complied with the minimum required lot area or width, in such zone. -74- A building or structure may be permitted on said lot of record providing it meets all other requirements for such zone. 17.96.045 Zoning Lot Covenants - Applicability. Zoning lot covenants, as defined in PAMC 17.08.130(C), may be used only to allow a property owner to designate as a zoning lot two or more adjacent lots that either: A. Have one legal residential structure encroaching onto all of the said lots; or B. Results in a lot that meets the zoning and subdivision requirements; or C. Results in a lot that does not meet the zoning and subdivision requirements, provided that the owners sign a no -protest agreement for the formation of an L.I.D. for meeting the development standards. The covenant shall be recorded with the County Auditor's Office and a copy of the recorded covenant shall be provided to the Planning Department. Once filed, the covenant may onlybe removed through compliance with Chapter 58.17 RCW and the City's subdivision and/or short plat regulations. 17.96.050 Conditional Use Permit A. The Planning Commission shall consider applications for Conditional Use Permits of uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission 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 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 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 of these regulations shall be maintained with respect to the particular use of the 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 accommodations 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 Commission is therefore authorized to make accommodations in the consideration of Conditional Use 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. 17.96.060 Unclassified Use Permit. A. The Planning Commission shall consider applications for Unclassified Use Permits of uses possessing characteristics of such unusual, large-scale, unique or special form as to make impractical including them in any zone of classified uses. The Planning Commission 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 may refuse to issue an Unclassified 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 may impose whatever restrictions or condition it considers essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. C. Purpose of an Unclassified Use Permit: The purpose of an Unclassified Use Permit shall be to assure that the maximum degree of compatibility between uses shall be attained. The purpose of these regulations shall be maintained with respect to the particular use of the 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 following uses require an Unclassified Use Permit: 1. Aquaculture. 2. Correctional facilities. 3. Gun clubs, skeet shoots, target ranges, and firing ranges. 4. Hydroelectric dams. 5. Oil ports (facilities which will result in the receipt ofmore than an average of 50,000 barrels per day of crude or refined petroleum which has been or will be transferred over marine waters). 6. Petroleum refineries, liquefied natural gas and liquefied petroleum gas facilities, energy facilities, energy plants and their associated facilities and associated transmission facilities such as defined in Chapter 80.50RCW. 7. Processing and rendering of animal byproducts. 8. Quarrying and mining. 9. Refuse disposal sites, dumps, sanitary landfills, and incinerators. 10. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits. 11. Transfer stations for refuse and garbage. 12. Wireless communication support structures that exceed the maximum building height specified by the particular zone. 13. Other uses possessing characteristics of such unusual, large-scale, unique or special form as to make impractical including them in any zone of classified uses. 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 a Conditional or Unclassified Use Permit, the Planning Commission shall give public notice, as provided in PAMC 17.96.140, of the intention to consider at a public hearing the granting of a Conditional or Unclassified Use Permit. The Planning Commission's decision shall be final unless appealed to the City Council. B. Decisions. Conditional or Unclassified Use Permit decisions issued by the Planning Commission, shall be set forth in writing and shall be accompanied by written findings and conclusions. Decisions shall be deemed effective upon adoption of the written decision, findings, and conclusions. A 14 -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, findings 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. 1. Any person aggrieved by the decision of the Planning Commission 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. -76- 3. The City Council shall conduct a closed record hearing on the appeal of the Planning Commission'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. D. 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. E. Extensions of Approved Conditional Use Permits. Extensions of approved conditional use permits shall be considered in accordance with the same procedures as for the original permit application, and may be granted for a period of one to five years, provided that the following minimum criteria are met: 1. The use complies with the permit conditions. 2. There have been no significant, adverse changes in circumstances. Upon written request for an extension submitted to the Planning Department prior to the expiration of the conditional use permit, said conditional use permit shall be automatically extended for ninety days to allow the City adequate time to review the extension request. F. 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. 17 96 080 Variances and Decisions of Planning Director. All requests for variances and appeals from decisions of the Planning Director shall be handled by the Board of Adjustment in accordance with its powers and rules. When a variance is denied, a new application for the same variance may not be submitted for a period of one year following the denial, unless there has been a revised proposal, significant change in circumstances or additional information in support of the variance. 17.96.090 Filing Fees. A fee for the filing and processing of applications for all permits required by this Title shall be paid at the time an application is submitted. The amount of the fee shall be as established by ordinance and set forth in Chapter 3.70 PAMC. 17 96 095 Zoning Initiation by the Planning Commission. On its own action, or if requested by the Council, the Planning Commission shall cause to be prepared official controls which, when adopted by ordinance by the Council, will further the objectives and goals of the Comprehensive Plan. The Planning Commission may also draft such regulations, programs and legislation which, in its judgment, are required to preserve the integrity of the Comprehensive Plan and assure its systematic execution, and the Planning Commission may recommend such plans, regulations, programs and legislation to the Council for adoption. 17.96.100 Amendments. A. In determining if an amendment to these regulations is needed, the City Council shall give due consideration to the proper relationship of such amendment to the Comprehensive Plan and the entire Zoning Regulations; it being the intent to retain the integrity and validity of the zones herein described and to avoid any isolated spot zoning changes in the Zoning Map. B. Any amendments adopted by the Council may be modified from the form in which they were advertised within the limits necessary to relate properly such amendment -or amendments to the Zoning Regulations. Final action on such modifications shall be subject to review and report of the Planning Commission prior to final passage by the City Council. C. No application for a change of zoning of any lot, parcel or portion thereof shall be considered by the Council within one year of the final action of the Council upon a prior application covering any of the same described land. This provision, however, shall not impair the right of the Council to propose by their own action any amendment or change in the boundaries of any of the zones in these regulations. 17.96.110 Subdividing. The City Council shall review all proposed subdivisions and shall have the power to approve or deny said plats and to require any modifications necessary to assure consistency with the Comprehensive Plan, and to standards, specifications, and regulations established by State law, by City of Port Angeles Subdivision Regulations (Ch. 16.08 PAMC), and by this Title. 17.96.120 Enforcement. A. The Planning Director shall have the authority to enforce all provisions of this Ordinance. No oversight or dereliction on the part of the Planning Director or any official or employee of the City of Port Angeles vested with the duty or authority to issue permits or licenses shall legalize, authorize, waive or excuse the violation of any of the provisions of this Title. B. No permit or license for any use, building, or purpose shall be issued by any official or employee of the City of Port Angeles if the same would be in conflict with the provisions of this Title or any other Ordinance now in force referring to this Title. Any permit or license so issued shall be null and void. C. In the event any person, firm, or corporation should use, erect, construct, move, or alter, or attempt to use, erect, construct, move, or alter any property, building, or structure in violation of the provisions of this Title, the same is hereby declared a public nuisance and the City Attorney shall have the authority to bring and to prosecute an action in any court of competent jurisdiction to enjoin such person, firm, or corporation from continuing such use, erection, construction, moving, or altering. If such use, erection, construction, moving, or alteration is being or has been accomplished, the City Attorney shall enjoin such person, firm, or corporation from maintaining same. 17.96.130 Engy Upon Private Property. The Building Official, members of the Commission, and the Planning or Engineers' staff, in the performance of their functions and duties, may, on notification, except in an emergency, enter upon any land and make examinations and surveys. Provided, that such entries and examinations do not damage or interfere with the use of the land by those persons lawfully entitled to the possession thereof. 17.96.140 Notice of Public Hearings. Notice ofpublic hearings required pursuant to this Title shall be given as follows: A. At least fifteen (15) days prior to the date of the public hearing, the Planning Department shall cause notice of the time, place, and purpose of the hearing to be published in the City's officially designated newspaper. B. In addition to the notice given in subsection 1, where the purpose of the public hearing involves a specific site, notices shall be given as follows: 1. At least fifteen (15) days prior to the date of the public hearing, the applicant shall cause notice of the time, place and purpose of the hearing to be posted on the site in a conspicuous manner in the form of a brightly colored notice on a self -standing sign as provided by the Planning Department or in such other form as the Planning Department may direct. The applicant shall file with the Planning Department an affidavit that such posting has been accomplished and that the applicant shall assume full responsibility for return or replacement, in the case of damage. Consideration will be given in the case of vandalism beyond the applicant's control. 2. At least fifteen (15) days prior to the date of the public hearing, the Planning Department shall cause notice of the time, place and purpose of the he to be mailed to the latest recorded real property owners within at least 300 feet of the boundary of the site as shown by the records of the County Assessor. The applicant shall provide the Planning Department with mailing labels for each such property owner. I 17.96.150 Appeals. Any appeal of a final decision rendered by the City Council pursuant to this Title shall be filed in Clallam County Superior Court within twenty-one (21) days of such final decision or be barred. 17.96.160 Code Revisor. The City's Code Revisor is authorized and directed to make minor organizational changes to the Zoning Code necessary for codification, and to prepare for City Council adoption a codification of the entire City Zoning Code, including all Zoning Code Amendments that have been approved by the City Council. 17 96.170 Zoning Code Amendment. Application. Any person wishing to apply for an amendment to this Zoning Ordinance shall submit a completed application and a filing fee in the amount set forth in Chapter 3.70 PANIC to the Planning Department, together with any information necessary to comply with the requirements of the State Environmental Policy Act (SEPA) Chapter 43.21C RCW. 17.96.1 8O Penalties. Any person, firm, or corporation violating any provisions of this Title shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500 or by imprisonment for a term not to exceed six months, or by both fine and imprisonment. Such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this Title is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as herein provided. * See applicable zone for minimum standards Section 2. Severability. If any provisions of this Ordinance or its applications to any person or circumstances is held to be invalid, the remainder of the Ordinance or application of the provisions of the Ordinance to other persons or circumstances is not affected. Section 3 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4 - Effective Date. This Ordinance shall take effect five days after its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of November, 2004. MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: By Summary G:1Legal_BackuplORDINIANCES&RESOLUTIONS\2004-24.DevelopmentRegs-Chapter 17.102604.wpd October 29, 2004 Proposed Chapter 3.71 - Park Impact Fees Final Draft 10/28/04 3.71.01 Park Impact Fees Imposed. A new Chapter 3.71 is hereby added to the PANIC to read as follows: 3.71.10 Findings and Authority. The demand for parks and recreation facilities is proportionate to the size of a user population. The larger a population grows the greater the demand for City parks and recreation facilities. In order to offset the impacts of new residential development on the City' park system, the City has determined to establish park impact fees consistent with City standards as. new development occurs. Impact fees are authorized under the State Environmental Policy Act (SEPA) and the Growth Management Act (GMA) to help offset the cost of capital facilities brought about by new growth and development. Impact fees imposed under this Chapter will be used to acquire and/or develop parks, open space and recreation facilities that are consistent with the capital facilities and parks comprehensive plan. Impact fees collected will be applied within the neighborhood park planning areas in which they are located. A. . Prior to approving proposed subdivisions, the Director of Community Development shall make written findings that the public facilities which will be needed as a result of the new development, such as parks, recreation, and open space will be provided concurrent with development. The concurrency requirement is satisfied if the improvements are in place at the time the impacts of development occur, or that the necessary financial commitments are in place, which shall include the impact fees anticipated to be generated by the development, to complete the improvements required to meet the specified standards of service defined in the Comprehensive Parks Plan within six (6) years of the time that the impacts of development occur. B. Compliance with this concurrency requirement shall be sufficient to satisfy the provisions of RCW 58.17.110 and 060. The finding of concurrency shall be made at the time of preliminary plat approval. C. The City shall not approve applications for preliminary plans unless the City is able to make a finding of concurrency; provided that, the feepayer opts to dedicate land, to provide improvement, and / or construction consistent with the requirements of Section 3.71.090 of this Chapter governing credits, where appropriate, the City can make a finding of concurrency. D. If any party for any reason is able to exempt itself from the operation of this Chapter, the City reserves the right to review its land use plan in conjunction with its Comprehensive Plan or Comprehensive Park Plan in order to ensure concurrency. In the event that the impact fees that might have been paid would have been an integral part of the financing to ensure concurrency, the City reserves the right to deny approval for the development on these grounds. 3.71.020 Purpose. A. The purpose of this Chapter is to implement the capital facilities and comprehensive parks plans of the City of Port Angeles and to- comply with State and local subdivision laws by: Final Draft - Park Impact Fees 1 10/28/04 1. Ensuring that adequate park, open space and recreation facilities are available to serve new development; 2. Maintaining the high quality of life in Port Angeles by ensuring that growth pays for growth and that existing service levels for existing residents and businesses are not adversely impacted by growth and new development activity; and 3. Establishing standards and procedures whereby new development pays its proportionate share of the cost of park, open space and recreation facilities that are reasonably related to the new development, and whereby park, open space and recreation facilities are jointly financed by public and private interests. 4. Meeting the requirement that development application be reviewed for consistency with the Comprehensive Plan and development regulation adopted pursuant to the Growth Management Act; Chapter 36.70A. 3.71.030 Definitions. As used in this Chapter, the following terms have the meanings set forth below: A. 'Building permit" means a permit issued by the Port Angeles Building Official and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure. As the term relates to park impact fees, "building permit" includes a permit issued for the siting or location of a manufactured house. B. "Capital facilities" means those park, open space and recreation facilities or improvements addressed in the park and recreation and capital facilities elements of the Port Angeles Comprehensive Plan, as the same now exists or may be hereafter amended. Capital facilities costs include the cost of park planning, land acquisition, site improvement, buildings, and equipment, but exclude the cost of maintenance and operation. C. "Capital facilities program" means a six-year plan that is approved by the City Council in order to finance the development of capital facilities necessary to support the projected population or Port Angeles over the six-year period. The City's CFP is found in the capital facilities element of the Port Angeles Comprehensive Plan, as the same now exist or may be hereafter amended. D. "City" means the City of Port Angeles. E. 'Developer" means an individual, group of individuals, partnership, corporation, association, municipal corporation, state agency, or other person proposing to undertake development activity within the City. F. 'Development activity" as the term relates to park impact fees, means any construction or expansion of a building, structure, or use, changes in the use of a building or structure, or any changes in the use of land, that created additional demand and need for public park, open space or recreation facilities. Final Draft - Park Impact Fees 2 10/28/04 G "Development approval' means any written authorization from the City that authorizes commencement of a development activity. H. "Director" means the Community Development Director of the City of Port Angeles. I. 'Encumbered" means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for park, open space or recreation capital facilities. Impact fees shall be considered encumbered on a first in, first out basis. J. 'Existing development" means that development which physically exists or for which the Developer holds a valid building permit as of the effective date of the first ordinance establishing this Chapter. K. "Impact fee" means a payment of money imposed upon new growth or development as a condition of development approval in order to pay for park, open space or recreation facilities needed to serve such new growth or development. "Impact fee" does not include any permit or application fee. (RCW 82.02.090(3)) L. "Level of service" means the ratio of park, recreation, or open space lands and facilities units (acres, fields, square feet, etc.) relative to the number of persons in the City's population (expressed s unit per 1,000 persons) an the geographical distance from available recreation facilities. M. "New development" means any and all development for which a permit is issued after the effective date of the first ordinance establishing this Chapter. N. "Owner" means the owner of record of real property, although when real property is being purchased under a real estate contract, the purchaser shall be considered to be the owner of the real property if the contract is recorded. O. "Previously incurred system improvements" means system improvements that were accomplished in order to serve new growth and development. P. "Prior system improvement deficiencies means deficiencies in public facilities serving existing development and that do not meet the proposed level of service. Q. "Private recreational facility" means any recreational facility not owned or dedicated to the public or a government agency. R. "Project improvements" means site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project and are not system improvements. No park, open space or recreation improvement or facility included in the capital facilities plan shall be considered a project improvement. S. "Proportionate share" means that portion of the cost of park, open space and recreation improvements that are reasonably related to the service demands and needs of new development. Final Draft - Park Impact Fees 3 10/28/04 T, "System improvements" means park, open space and recreation facilities that are included in the capital facilities plan and are designed to provide service -to -service areas within the community at large, in contrast to project improvements. 3.71.040 Service Areas. The park service area for the existing and proposed park, open space and recreation facilities of the City of Port Angeles is hereby defined as that area which is coextensive with the corporate boundaries of the City, as they now exist or as they may be amended through annexation or other means from time to time. The City of Port Angeles is further divided into Neighborhood Park Planning Areas as designated in the City of Port Angeles Comprehensive Plan and the City of Port Angeles Comprehensive Parks Plan. Impact fees for developments within those Neighborhood Park Planning Areas may only be allocated to acquisitions or improvements to parks in those area. 3.71.050 Level of Service. The level of service for each type of park facility for which an impact fee is imposed under the provisions of this Chapter is established by the City of Port Angeles Comprehensive Plan. 3 71 060 Imposition of Park Impact Fees. A. Any person or entity who, after the effective date of this Chapter, seeks to develop land within Port Angeles by applying for a residential subdivision, a building.permit for a residential building, of a permit for residential manufactured house installation, is hereby required to pay a park impact fee in the manner and the amount set forth in this Chapter. B. No new final residential subdivision, residential building permit, or residential manufactured house installation shall be approved or issued unless and until the park impact fee has been paid as provided in this Chapter. 3 71 070 Computation of the Park Impact Fee Amount - Fee Schedule. A. The citywide park impact fee for each development activity on which an impact fee is imposed as provided in this Chapter shall be determined as according to the following schedule: B. If development approval is requested for mixed uses, then the fee shall be determined using the above schedule by apportioning the space committed to uses specified on the schedule. C. If the type of development activity that is applied for is not specified on the above fee schedule, the Director shall use the fee applicable to the most comparable type of development activity or land use on the above fee schedule. The Director shall be guided in the Final Draft - Park Impact Fees 4 10/28/04 Single Family Unit Multi -Family Unit Neighborhood Park Development Fee $127.00 $91.46 Neighborhood Park Land Acquisition Fee $28.96 $20.85 B. If development approval is requested for mixed uses, then the fee shall be determined using the above schedule by apportioning the space committed to uses specified on the schedule. C. If the type of development activity that is applied for is not specified on the above fee schedule, the Director shall use the fee applicable to the most comparable type of development activity or land use on the above fee schedule. The Director shall be guided in the Final Draft - Park Impact Fees 4 10/28/04 selection of a comparable type by the Port Angeles Comprehensive Plan and by Title 17 PAMC, If the Director determines that there is not a comparable development activity or land use on the above fee schedule, then the Director shall determine the appropriate fee by considering demographic or other documentation that is available from state, .local, and.regional authorities. D. In the case of a change of use, redevelopment, expansion, or modification of an existing use for which a park impact fee is required by this Chapter, the impact"fee shall be based upon the net positive increase in the impact fee for the new as opposed to the previous use. The Director shall be guided in this determination by the sources and agencies listed above. 3 71 080 Alternative Method of Commutation. A. As an alternative to calculation of the park impact fee according to the schedule set forth in Section 3.71.070, a developer may opt to prepare and submit an independent fee calculation study for the requested development activity to the Director of Community Development. Any such study shall be prepared at the developer's sole cost and expense. B. The independent fee calculation study shall comply with the following standards: 1. The study shall follow accepted impact fee assessment practices and methodologies. 2. The study shall use acceptable data sources and the data shall be comparable with the uses and intensities proposed for the proposed development activity. 3. The study shall comply with the applicable state laws governing park impact fees. 4. The study, including any data collection and analysis, shall be prepared and documented by professionals qualified in their respective fields. 5. The study shall show the basis upon which the independent fee calculation was made. C. The Director of Community Development shall consider the independent fee calculation study submitted by the developer but is not required to accept such study if the Director of Community Development decides that the study is not accurate or reliable. If the Director of Community Development decides that outside experts are needed to review the study, the developer shall be responsible for paying the cost of review by outside experts. D. If an acceptable independent fee calculation study is not presented, the developer shall pay the impact fees based upon the process and schedule set forth in Section 3.71.070. If an acceptable independent fee calculation is presented, the Director of Community Development may adjust the fee to that appropriate to the particular development activity. 3.71.090 Credits A. Pursuant to RCW 92.02.060(3), a reasonable credit shall be allowed for the conveyance of land for, improvements to, or new construction of any park system improvements provided by a developer, to park, open space or recreation facilities identified in the capital Final Draft - Park Impact Fees 5 10/28/04 facilities element of the Comprehensive Plan and that are the subject of impact fees to be paid by the developer under this Chapter. Any request for a credit against impact fees shall be made and decided no later than at the time of approval of the permit triggering the imposition of impact fees. The Parks and Recreation Director shall determine whether or not to' accept such credits: B. All land proposed to be conveyed to the City in exchange fora credit against impact fees shall meet all of the following requirements: The land must be conveyed free and clear of all liens and encumbrances. 2. The land must be readily accessible to the general public; 3. The land must have a site size of three (3) acres, and location consistent with a park system improvement described in the Comprehensive Parks Plan; and 4. The land must be suitable for the proposed park use and for inclusion in the City's park system, as determined by the Parks and Recreation Director. C. The City may decide to accept land which does not meet all of theses standards in unusual circumstances where the land to be conveyed provides significant open space or trail corridor. D. The amount of the credit shall be the value of the land and improvements conveyed to the City, provided, that no case shall the amount of the credit exceed the amount of the impact fee imposed on the development activity. If the value of the land and improvements exceed the total park impact fees to be paid by the development, no impact fees shall be due. If the value of the land and improvements is less than the impact fees due, the developer will be required to pay the difference. E. Credits shall not be transferable from one property, project, or development activity to another. 3.71.100 Adjustments. The Director of Community Development is authorized to adjust the impact fees to be calculated under this Chapter where the developer demonstrates that unusual circumstances make the standard impact fee applied to such development unfair or unjust. The circumstances that form the basis for the adjustment shall not be circumstances that are generally applicable to similar land uses or to all development activity will have substantially less impact on the system improvements than other development activities in the same land use category. Adjustments granted under this section shall not be transferable from one property, project or development activity to another. 3.7 1.110 Payment of Fee. A. Impact fees shall be imposed upon development activity in the City, based upon the schedule set forth in this ordinance, and shall be collected by the City from any applicant where such development activity requires final plan, PRD approval, issuance of a residential building permit or a manufactured house permit and the fee for the lot or unit has not been previously paid. B. For a plat or PRD applied for on or after the effective date of this ordinance, the impact fees due on the plat or the PRD shall be assessed and collected from the applicant at the Final Draft - Park Impact Fees 6 10/28/04 time of final approval, using the impact fee schedule in effect when the plat or PRD was approved. C. If on the effective date of this Chapter, a plat or PRD has already received preliminary approval and is not otherwise exempt from the payment of impact fees under Section 3.71.160, such plat or PRD shall not be required to pay the impact fees at the time of final approval, but the impact fees shall be allocated to the lots or dwelling units and assessed and collected from the lot or unit owner at the time the building permits are issued, using the impact fee schedule then in effect. If on the effective date of this Chapter, an applicant has applied for preliminary plat or PRD approval, but has not yet received such approval, the applicant shall follow the procedures set for the in subsection B above. D. Any application for preliminary plat or PRD approval which has been approved subject to conditions requiring the payment of impact fees established pursuant to this ordinance shall be required to pay the fee in accordance with the conditions of approval. 3 71 120 Appeals Payment Under Protest. A. Determinations made by the Director of Community Development pursuant to this Chapter may be appealed to the City Council by filing a written appeal as provided in Section 17.96.080 of the Port Angeles Municipal Code. 3 71 140 Impact fee Accounts. A. Park impact fee accounts are hereby established for the purpose of depositing and maintaining the funds received under this Chapter and any previously collected park impact fees paid pursuant to SEPA or other authority. Separate park impact fee accounts shall be maintained for park and recreation facilities and for local park and recreation facilities. B. The City Finance Department shall earmark all funds collected under this Chapter and under such previous collections as to the person paying, the date paid, and the development or property for which paid. The account shall be separate from all other accounts of the City and shall be interest-bearing. All interest shall be retained in the account and expended for the purposes for which the impact fee was imposed. 3 71 150 Use of Impact Fees. A. Impact fees shall be expended solely for City parks, open space and recreation facilities under the jurisdiction of Port Angeles described in and in conformance with the capital facilities program. Impact fees may be expended for facility planning, land acquisition, site improvements, application fees, necessary off-site improvements, required mitigation, construction, engineering, architectural, permitting, financing, and administrative expenses, relocatable facilities, capital equipment, repayment of system improvement costs previously incurred to the extent that new growth and development will be served by such system improvements, and any other expenses which could be capitalized and which are consistent with the capital facilities program. Impact fees collected will be used only within the neighborhood park planning area in which the development is located. Impact fees shall not be used for maintenance or operations. B. In the event that bonds or similar debt instruments are issued for the advanced Final Draft - Park Impact Fees 7 10/28/04 provision of system improvements for which impact fees may be expended and where consistent with provisions of the bond covenants, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities are consistent with the requirements of this section. C. Impact fees collected under this Chapter skull be expended or encumbered for a permissible use within six years of the date they are received by the City, unless the City Council finds that there exists an extraordinary and compelling reason forthe fees to be held longer than six years. Such a finding shall be made in writing. D. Impact fees collected under the authority of SEPA and the voluntary agreement provisions of RCW 82.02.020 shall be expended or encumbered for a permissible use within five years of the date they are received by the City. E. Funds may be used to provide refunds as described in Section 3.71.150 F. Port Angeles shall be entitled to retain not more than six percent of the funds collected as compensation for the expense of collecting the fee and administering this Chapter. 3.71.160 Impact Fee Refunds. A. If a development approval for which an impact fee has been paid under this Chapter expires without commencement of construction, then the developer or current owner of the property shall be entitled, within the time periods specified in Section 3.71.150, to a refund, with interest, of the impact fee paid, except that Port Angeles shall retain a percentage of the fee to offset a portion of the costs of collection and refund. B. The City shall notify potential claimants for impact fee refunds by first class mail deposited with the United States postal service at the address of the property owner of record claimants. C. A request for a refund must be submitted to the City Council in writing within six months of the date that the right to claim the refund arises or the date that the notice is given, whichever is later. Any impact fees that are not expended or encumbered and for which no application for refund has been made within the six month period shall be retained and expended on the indicated capital facilities. Refunds under this subsection shall include interest earned on the impact fees, provided, that if the City's failure to expend or encumber the fee within the time periods set forth in Section 3.71.140 is due to delay attributable to the developer of the project for which the fee was collected, the refund shall be without interest. D. If the City should terminate the impact fee requirements of this Chapter, all unexpended or unencumbered funds, including interest earned, shall be refunded pursuant to this section. Upon a determination to terminate such impact fee requirement, the City shall publish a notice of such termination and the availability of refunds in the City's official newspaper at least two times and shall notify all potential claimants by first class mail at the last known address of claimants. A request for a refund must be submitted to the City Council in writing within one year of the date that the notice is given. Any impact fees for which no application for refund has bee made within the one-year period shall be retained and expended on the indicate capital facilities. No notice shall be required if there are no unexpended or unencumbered balances within the account at the time of termination. Final Draft - Park Impact Fees 8 10/28/04 3 71.170 Exemptions. The following development activities shall be exempted from payment of impact fees: A. Reconstruction, remodeling or construction - of the following facilities, subject to the recording of a covenant or recorded declaration of restrictions precluding use of the property for other that the exempt purpose. Provided, that if the property is used for a nonexempt purpose, then the park impact fees then in effect shall be paid: 1. Shelters or dwelling units for temporary placement which provide housing to persons on a temporary basis for not more that 4 weeks. 2. Construction or remodeling of transitional housing facilities or dwelling units that provide housing to persons on a temporary basis for not more that 24 months, in connection with job training, self-sufficiency training and human services counseling - the purpose of which is to help persons make the transition from homelessness to placement in permanent housing. B. Rebuilding or replacement of an existing legally established dwelling unit(s) where no additional dwelling units(s) is created. C. Alteration or expansion 1. Of an existing building where no additional residential units are created and where the use is not changed, and/or 2. The construction of accessory buildings or structures, not including Accessory Dwelling Units. D. Manufactured houses where: 1. The installation of a replacement home on a lot or other such site when a park impact fee for such manufactured house site has previously been paid pursuant to this Chapter or where a manufactured house legally existed on such site on or prior to the effective date of this Chapter. 2. The construction of any nonresidential building or structure or the installation of a temporary construction trailer. Any claim or exemption must be made no later than the time of application for a building permit or permit for manufactured house installation. Any claim not so made shall be deemed waived. E. Condominium projects in which existing dwelling units are converted into condominium ownership where no new dwelling units are create. F. Previous mitigation where: 1. The development activity is exempt from the payment of an impact fee pursuant to RCW 82.02.100, due to mitigation of the same system improvement under the State Environmental Policy Act (SEPA). 2. The park impacts of the development activity have been mitigated pursuant to a condition of plat or PRD approval to pay fees, dedicate land or construct or improve park facilities, unless the condition of the plat or PRD approval provides otherwise - Final Draft - Park Impact Fees 9 10/28/04 provided that the condition of the Plat or PRD approval predates the effective date of fee imposition as provided herein. 3. Any development activity for which park impacts have been paid or previously mitigated. 3.71.180 Annual Report. The City Finance Department, in conjunction with the Parks and Recreation Director, shall prepare an annual report to the City Council showing the source and amount of all.monies collected, earned, or received and the park, open space and recreation system improvements that were financed in whole or in part by impact fees imposed under this Chapter. The report may be part of an existing annual report or may be a separate report. 3.71.190 Severability. If any section, sentence, clause or phrase of this ordinance should be held yl 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, i clause or phrase of this Chapter. Final Draft - Park Impact Fees 10 10/28/04 MITIGATION FORMULAS Each property development proposal will be reviewed to determine its impact to the City's park system and the Level of Service Standards and Guidelines as established in the Port Angeles Comprehensive Plan and Comprehensive Parks Plan. If impacts on parks and recreation activities are identified and fee -in -lieu of land dedication and/or development is required, the amount of the assessment shall be determined on a per dwelling unit basis. The mitigation fees required for neighborhood and community park facilities are calculated using the following baseline information and formulas: BASELINE INFORMATION: Neighborhood Parks are those that are within 1/a of a mile from a development (generally an easy walking distance) and range between 1 and 2 acres (large enough to provide a variety and balance of recreation opportunities for a range of user's ages). Neighborhood Park Development Cost: Based on the City's past experience of developing its neighborhood parks, the cost of neighborhood park development is $127.00 per lot ($3.07/square foot). Park Land Acquisition Cost: Based upon the current cost of developable, residentially zoned land suitable for public park purposes with the City of Port Angeles is $28.96 per lot ($150,000/acre). [THESE FEES WOULD NEED TO BE ADJUSTED FROM TIME TO TIME AS LAND PRICES AND COSTS CHANGE.] The Level of Service Standard for neighborhood parks in the City of Port Angeles based on the existing level of service (2004) for Neighborhood Parks equals 0.38 acres of parks per 1,000 population. Projected Household Population is based on the following: 2.5 persons per household single-family detached 1.8 persons per household for multi -family (A duplex is considered as two single family residential units for the purpose of this chapter). NEIGHBORHOOD PARK MITIGATION FEE FORMULA: Sites Where Park Development Only Is Required. When a proposed residential land use application is within the service area of an existing neighborhood park as identified within the Comprehensive Plan or the Comprehensive Park Plan as needing further improvement, the mitigation fee shall be limited to development costs only: Final Draft - Park Impact Fees 11 10/28/04 Single Family Dwelling Development Mitigation fee/Unit = Level of Service x Development Cost x persons per Single Family unit. $127.00 = 16,552 SF/100.0 population x $3.07 per SF x 2.5 persons per unit. Multi -Family Dwelling Development Mitigation fee/Unit = Level of Service x development Cost x persons per Single Family unit. $91.46 = 16,552/1000 population x $3.07 per SF x 1.8 persons per unit. Sites Where Acquisition is required Single Family Dwelling Acquisition Mitigation fee/unit = Level of Service x Acquisition Cost x Persons per Unit $28.96 = 16,552 SF/1000 population x $0.70 per unit x 2.5 persons per unit. Multi-Familv Dwelling Acquisition Mitigation fee/unit = Level of Service x Acquisition Cost x Persons per Unit $20.85 = 16,552 SF/1000 population x $0.70 per unit x 1.8 persons per unit. When both acquisition and development are required: Single Family = $28.96 + $127.00 = $269.50 x # of units in development. Multi -Family = $20.85 + $91.46 = $112.31 x # of units in development. 1:\skj\current work\T16 and others\3.71 Impact fees 4.wpd Final Draft - Park Impact Fees 12 10/28/04 Development Regulations Update Major Issues ► Compliance with Growth Management Act and updated City Comprehensive Plan ► Incorporation of Best Available Science (BAS) into City Critical Areas Ordinances (CAO) ► New zone proposals ► Parks impact fees proposal Compliance With the Growth Management Act ► Growth Management Act requires periodic update to Comprehensive Plans and Development Regulations. ► City of Port Angeles Comprehensive Plan was updated in June 2004. ► Development regulations must be consistent with recently updated Comprehensive Plan as well as GMA. ► State mandates December 1, 2004, deadline for updates. Cr'it'ical Areas Ordinances No- State requires inclusion of Best Available Science (BSA). Port Angeles cites as Best Available Science: Sheldon Wetland Inventory (1995) ► Pentec Shoreline Assessment (2001) ► DOE Citations of Recommended Sources of BAS Poo- The City's CAO update strengthens the functions and values approach to wetland protections, ► Making the City's and County's wetland protections more uniform, while ► Retaining the City's existing wetland buffer requirements. Critical Areas Ordinances 00* The City had the City's existing code reviewed by Clallam County Planning Director. Comments and suggestions were incorporated into revisions. No- The City staff reviewed and compared existing code to Jefferson, Clallam, and Kitsap County codes, and the DOE Model Critical Areas Ordinance. Proposed New Zones RS -11 Residential, Single Family ► A single family residential zone intended to provide large lot zoning at the 4 DU/AC bright line set by the Growth Management Hearings Board for urban density (compatible residential zone that could be adopted in the UGA). Industrial Marine ► A zone that will allow mixed uses to coexist with water dependent/related light industrial uses in the waterfront areas, particularly for redevelopment of the Rayonier site. Commercial Regional Pop- A zone that will allow large, land intensive commercial development, particularly for the eastern UGA. Planned Industrial Development Overlay Zone ► A zone designed to provide alternatives to large industrial sites allowing a variety of uses and consolidation of permitting processes without requiring a zone change. Rezone of Area to RS•9 or RSmI I ► Large lot zoning is appropriate for: ✓ Urban fringe areas ✓ Urban Growth Area conversion after annexation ✓ More diverse housing opportunities ► PA expects Clallam County to up -zone some residential areas in UGA to be similar to RS -11 standards. ► Allows for a 4 dwelling unit per acre density consistent with State Growth Management Hearings Board bright line for urban density. ► Facilitates low impact development standards in appropriate areas. cr) 0 N . t M #� lyyylM�yV *4 �l#F ail► Y4; fy�fyF 1y�iiy ��i $ f FYv't�r � �i-Fi�yf �yl,�.riMl y IFR�^IY�p tia PW■moi �pD*�{ ... � �*�,� a+`�,�w'"'� aeyiai,� `"alb •� #ri4 lF $ Y/;iF�x#MYif4�j#iy�}IS��F�Nr, j • dFy, yi Vr ii i i i9fi l�i �fli'� �iiii.� q�+a Park Impact Fees ► Mechanism allowed by state to assist jurisdictions in financing parks or other infrastructure. (RCW 82.02) ► Several Washington cities use impact fee legislation. ► Proposed ordinance modeled on existing codes of other cities. Postpone action on this matter until next year .TORT ANGELES WASHINGTON, U. S. A. CITY COUNCIL MEMORANDUM DATE: NOVEMBER 1, 2004 TO: CITY COUNCIL FROM: Marc Connefly.irector of Parks and Recreation SUBJECT: SURPLUS CITY PARK PROPERTY -PUBLIC HEARING DATE Summary: The City Council established November 1, 2004 as the date for public comment regarding the proposal by the City to surplus Georgiana and 7`' and D Parks. Recommendation: That the City Council conduct the public hearing and consider action on the surplus property issue at your regular November 16, 2004 meeting Background / Analysis: Attached is a copy of the background analysis provided by staff to the Council at your regular meeting held October 18, 2004. 207 a 1 :i P,fo__ t 1G ES. W A S H I N G T O N, U S A rte® CITY COUNCIL MEMORANDUM DATE: OCTOBER 18, 2004 TO: CITY COUNCIL FROM: Marc Connelly, Director of Parks and Recreation SUBJECT: SURPLUS CITY PARK PROPERTY -ESTABLISH PUBLIC HEARING DATE Summary: The Real Estate Committee and the Parks and Facilities Committee have discussed 7` and D and Georgiana Parks and recommended that these properties be considered surplus to city park needs. Recommendation: That the City Council adopt the attached resolution establishing Monday November 1st, 2004 as the bearing date to allow public comment regarding the surplussing of these two properties. Background / Analvsis: The surplussing of certain properties can provide needed capital to fund infrastructure improvements to other parks. Staff evaluated all neighborhood parks for consideration of possible surplus. This evaluation considered several factors including need, geographic service level, potential value, current and future character of a neighborhood, deed restrictions and other conditions that might affect those specific properties. The analysis included the following information: The following is a summary of the City's Park and Open Space System Category Number of Parks/Facilities Total Acreage 5' and Oak•32 Neighborhood Parks 9.00 15.76 Community Parks 8.00 190.49 Nature Parks 4.00 105.17 Waterfront Parks 6.00 14.05 Open Space and Public Grounds 8.00 60.28 Trails 3.00 14.01 Total 38.00 399.76 The following is a list of the city's neighborhood parks Nviohhnrhnnd Parke Name Size in Acres 5' and Oak•32 7` and D .16 10" and N (Undeveloped) 8.64 Crown Park 1.00 Hazel Porter Kiel Park .64 Lions Park 2.60 Rains Park .48 Charles R. Willson Park .8 Wolverton Park .64 Cost of Maintaining Neighborbood Parks 580 hours of labor or the equivalent of about'/4 FTE, were used in 2003 to maintain the city's 9 neighborhood parks. Not counting supply and equipment costs, $8,000 of labor was expended in 2003 or approximately $1,100/acre. _Geographic Level of Service Neighborhood parks should provide recreation opportunities such as children's play equipment, open la,,vm areas for informal play, sport courts such as basketball or tennis, walking paths, picnic tables, and benches and attractive landscaping to enhance the character of the neighborhood within walking distance of residents. These parks also provide open space in intensely developed residential areas. Some Community Parks provide neighborhood park type recreation services. The geographic service level in Port Angeles for neighborhood parks is 1/3 of a mile. In other words a park with neighborhood type features should be located within a 1/3 mile radius of the residents it is intended to serve. This level of serve when mapped shows both gaps and overlap of service in the community. Parks eligible for consideration of possible surplus would be those that exist in an area of overlap. Very little change if any occurs as a result of the surplusing of the recommended sites. Community Parks with Neighborhood Type Park Functions • Elks Park • Erickson Park • Francis Street Park • Hollywood Beach/City Pier • Lincoln Park • Shane Park Property Encumbrances, History or Constraints In Port Angeles some public properties come with constraints or encumbrances. These can come in different forms. These constraints may be legal such as deed restrictions; some may not be legal constraints but may be related to historical intent of an organization or an individual at the time of donations of specific properties, or historical information that might tend to obligate the city to use the site for a particular purpose. Constrained, or Encumbered Properties Hazel Porter Kiel Park -This property consists of property acquired in 1944 (Porter) and enlarged in 1969 (Madison). The Porters donated property to the City in 1944 for the purposes of recreational use. The park site was formerly know as the 131h and Laurel Playfield and was subsequently renamed Hazel Porter Kiel Park in 1981. Charles R. Willson -This property was known as Kiwanis Park between 1944 and 1984. Five lots were acquired, three in 1939 (Gilliam) and two more in 1945 (Swope for $300). The acquisition of the Swope property was acquired through a trust and there was a will involved although it is not presentlyo t the will stipulated regarding the property. In 1944 the Port Angeles'b initiates "Playfield Program" and develops site for recreational use to combat juvenile delinquency. A letter from the Kiwanis dated 4/6/44 indicated the Kiwanis plans to create 4-5 such playfields in Port Angeles. In 1984 at the request of the Kiwanis Club, City Council changes the name of the park to Charles R. Willson Park to honor a long-standing member of the Club. Lions Park -Acquired in 1971 (Hardy, and Matthieu por. Govt. lot 2). In 1971 the Lion's Club purchased and installed children's play equipment, restrooms and a picnic shelter. In 1981 a 125 square foot portion of the park was sold to Mr. and Mrs. Peter Halko. In 2001 the play equipment was removed for safety reasons. In 2004, the Lion's Club, the neighborhood and the City are again partnering to upgrade the park. Rains Park -Property for this park was acquired in 1937 (Barr, Lots 14,15, 16 blk 223, $650). The Park was named Rains Playfield by the Parks Board in 1949 to honor Oscar Rains for his contribution to the development of the Park. 10th and N Park -This site was formerly managed by Public Works and was for years the City's construction debris fill site. Accordingly significant amounts of concrete, asphalt, pipe and other "construction" related materials from City projects over the years are buried there. Were this site or a portion of this site be considered surplus, the presence of this material would have to be disclosed to a potential buyer. Construction debris landfills are difficult to construct buildings on due to the potential for uneven settlement over time. The debris on site may need to be disposed of at a different location and the site restored with good fill. Other Neighborhood Park Histories 5th and Oak Park -Acquired in 1947 (McLaughlin, lots 9,10 blk91). In 1986 the City partnered with the Lion's Club to install children's play equipment. Georeiana Park -Purchased in 1946. (Clallam County, lots 7-9, Dyke Land Co.) 7th and D Park -Actually located mid block on 7th Street between C and D Streets. This property (lot 5, blk 241) was acquired from Clallam County in 1946. Wolverton Park -This Park was acquired (Astott, lots 13, 14 blk 320, Petersen, lots 15,16 blk 320) in January of 1960. Size The ideal size for a neighborhood park is 1 acre or larger. The smaller the park site the least likely the site is able to accommodate different uses without conflict between uses. With the exception of Lion's and Crown Parks the City's parks in the entire neighborhood park system are less than one acre in size. Parks '/2 acre in size are marginally large enough to accommodate different uses without conflict or accommodate new development to increase use. The smallest is 7`h and D at .16 acres. Atypical neighborhood park should contain elements to serve a wide range of ages. These elements are commonly children's play equipment, a sport court (tennis, basketball or both), open lawn areas for informal play, picnic benches and tables, walking paths and landscaping. Occasionally these parks will contain on-site parking and a restroom. As a consequence the Comprehensive Parks, Recreation and Open Space Plan will recommend that certain neighborhood parks be enlarged to better meet the needs of the community. '2ecommendation: In consideration of the information pr�ille�is report staff recommends that the following parks be eligible for consideration of being surplus to city recreation needs: 7`h and D Park -This park is too small at .16 acres to accommodate all the activities that a prototypical neighborhood park should provide. Additionally, this park is within the service area of Shane Park, which provides many of the amenities that should be found in a neighborhood park. Shane Park however, should be renovated to improve the children's play equipment, which is out of date and no longer meets Consumer Product Safety Commission guidelines. Staff would recommend that if 7`h and D Park is surplused then the play equipment from 7`h and D be relocated to Shane Park as long as it meets current safety rules. Georeiana Park -This park is located in a portion of a neighborhood undergoing transformation. The neighborhoods central core is transforming from residential to office, commercial to serve primary and secondary medical services. The west and east ends of the neighborhood are likely to remain residential. This park and the newly opened Francis Street Park presently serve the neighborhood. With additional play equipment, % the neighborhood could be considered served by Francis Street Park. Should Georgiana Park be surplused, staff would recommend that the City consider acquiring a new park facility in the future to serve the eastern most residents of the neighborhood. Accordingly and as a result of that investigation, staff determined that 7`h and D and Georgiana Parks best fit the profile for parks to be considered as surplus to City park needs. The Parks and Facilities Subcommittee of the City Council reviewed this information at their meeting held on Wednesday, June .3 , 2004. The Real Estate Committee reviewed the information at their meeting held July 9, 2004. Consequently staff is recommending that the Council conduct a public hearing to gather public testimony regarding the potential surplussing of these two park properties. .212 RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a hearing on November , 2004 to consider declaring surplus certain Parks & Recreation Department properties. WHEREAS, representatives of the City's Real Estate Committee and the Parks and Facilities Committee have discussed and recommended that the City surplus the 7`h and "D" park property and the Georgiana park property, which are more fully described in Exhibit A, which is attached hereto and incorporated herein by reference; and WHEREAS, surplussing the aforementioned properties will provide needed capital to fund infrastructure improvements to other parks; and WHEREAS, the decision to surplus the aforementioned properties was made after evaluating the need, geographic service level, potential value, current and future character of the neighborhood, deed restrictions and other conditions relative to specific properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles as follows: Section 1. The City Council shall hold a public hearing to consider the proposal to surplus the City Parks & Recreation Department property as described in the attached Exhibit A. The hearing shall be conducted by the City Council in the Council Chambers, 321 East Fifth Street, at the Council's regular meeting on November , 2004 at 7:00 p.m., or as soon thereafter as possible. Section 2. The City Clerk is hereby directed to give at least ten (10) days but not more than twenty-five (25) days notice of the hearing. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of October, 2004. MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney G:1Legal_Backup%ORDINANCES&RESOLUTIONS\R2004-18.SurplusParkProperty. wpd October 13, 2004 214-1.e%.-& -2- Maps made a part of the City Council packet with regard to Parks properties is too large to scan into LaserFiche. The maps can be found in the City Clerk General Files under "Oversized Documents and Photos" CITY OF PORT ANGELES VISION STATEMENT COUNCIL GOALS - OBJECTIVES AND DEPARTMENTAL PROGRAMS / PROJECTS 2004 - OUR COMMUNITY WORKPLAN PROJECT UPDATE - SEPTJOCT. VISION STATEMENT: To enhance the quality of life in Port Angeles, we envision a City that protects its citizens and provides services for their well-being, that promotes a healthy economy and responsible stewardship of our natural beauty; that respects and encourages diversity; and that engages our citizens as partners in making Port Angeles a great place to live, work and play. GOAL: FINANCIAL STABILITY Provide consistent and quality municipal services through the adequacy, utilization, and development of financial resources that maximize return on investment, leverage of outside sources, and equity for local taxpayers. r rs�: r a �?:§.'3 e ,� . S d au ;: rit-adifac. w<-} Progxams I{ Prod ect� ����� �_ �.,.,<. a ��� ,.:.�� .k.. F ;,,,�, s `` r...� �.�„t �. � ... at - ,tea tLY �s„ :.,I #x �,,e t,�ek'^? �_, �id."i is s'L. 1.* Pursue and secure outside grants to assist in capital and operational needs. The Police Department recently signed the School Resource Officer agreement with the School District for a total of $23, 000 in support (a $3, 000 increase). The Police Department is also participating in a Homeland Security intergovernmental effort which will net the City $26, 000 for security project equipment. Prior grants involve a $75, 000 COPS grant for a police officer position, and $26, 000 for a technology grant. -1- 215 The Fire Department received a grant from FEMA for $10, 000 to purchase 1170 smoke detectors for distribution. The Parks & Recreation Department received a $1,000 grant for the PAFAC for arts education, renewal of $6,300 from the State, and $800 in retail sales. 2. Increase outside revenue/receipt support for recreational programs by 5%. Our Recreational Activities Fund budget shows a 5% overall increase in 2005, and is even higher in Sports and Special Event programs. This coincides with our emphasis upon self- sustainability for user programs. COMPLETE. 3.* Renegotiate Peninsula Communications service contracts based upon an equitable formula for agency support. Contract negotiations were finished and contracts authorized by the City Council at the April 20th meeting. The contracts incorporated a minimum charge and added a per officer assessment in the formula. The changes proved favorable to the City in terms of lowering our costs from prior years. COMPLETE 4. Develop an Endowment Fund Ordinance to coordinate community donations. 5. Evaluate the development of a Business Registration program. The CED Committee is exploring an idea of establishing a Business Directory as an alternative to Business Registration. Details are being formulated for a proposal. 6.* Redesign the policies and formula governing the Equipment Rental / Replacement Fund. Staff has developed an equipment use policy that in part addresses re-capitalization, maintenance and use. This proposal has been reviewed by the Finance Committee and was presented to Council in September. COMPLETE. 7.* Review electric utility rates and analyze the impact of incorporating development incentives. A proposal has been developed that mirrors other electric utilities in deferring some development costs for infrastructure to the consumer. The CED Committee and UAC reviewed the policy and Council adopted the Ordinance. COMPLETE. 8. Conduct Utility Rate Analysis for Solid Waste. The rate analysis and proposal was presented to Council and a 5% rate increase for 2005 and 2006 was adopted. In addition, the fund has been separated into Collections and Landfill for operational management, and the Transfer Station Agreement has been finalized for our future direction. COMPLETE. 9. Conduct Utility Rate Analysis for Waste Water. The public hearing is set for Nov 1, and a proposal for a $2/month increase to handle the CSO separation is being presented. 10.* Submit a General Obligation (G.O.) Bond proposal based upon the final design renovations at the William Shore Memorial Pool. With the direction offered by the Parks Committee, staff is working on the site evaluation of three central sites involving two locations next to City Hall, and the property adjacent to the YMCA. The Jesse Webster Park site has been currently removed from further consideration by the Committee. A public workshop on the sites will be conducted in November. This bond proposal will not be ready until at least 2005. ON-GOING. New Mental Health Court Our Prosecutor worked with Judge Porter to establish a Mental Health Court to direct criminal defendants with mental health issues into appropriate treatment outside the criminal -2- 216 justice system. This aids the City in reducing unnecessary incarceration costs for these defendants. Our projected budget costs are decreasing as a result of these efforts. COMPLETE. GOAL: INTERGOVERNMENTAL RELATIONS Promote communications, legislative influence, and agency cooperation with all public entities on the North Olympic Peninsula, as well as State, Federal, and Tribal agencies which impact our. community and environment. ! ' ta G 3' t� #"I W � 11 3 4 a�'i 48.dt�1 '�.� l {, s,� $p�F '�'gf ' 3�ut�, - . �, } �k°i1�{ zsy' ProEc>�s LP�rorams �. a,a...,, E ?, . �..��.6.,. �, . �,�.. ,F.,'a 1.* Develop a Revenue -Sharing Agreement with Clallam County covering the Urban Growth Area (UGA). The City and County have met to review the basic issues concerning the adequacy of revenue sharing. We are working on a draft final plan that enables revenue-sharing prior to annexation for all sales tax, encourages capital infrastructure investment in the UGA, and applies City standards for development. This effort has been temporarily suspended pending the results from an engineering consultant study on the feasability of extending sewer service to the eastern UGA. ON-GOING. 2. Renew the Sister -City Agreement with Mutsu City, Japan. The exchange trip to Mutsu was May 9-17 for the Mayor and City Manager to update and review progress with this relationship, which was started in 1995. Several projects were approved, including a common design component for our relationship at a park facility, the addition of flowering cherry trees, and further staff and student exchanges. We also agreed to explore trade possibilities for local crafts and items. Staffs felt comfortable with the current agreement, so no renewal was considered necessary. COMPLETE. 3.* Explore cooperative service opportunities with Clallam County Fire Districts #2 and #3. The staffs have established uniform procedures for equipment numbering, radiofrequencies, personnel identification, and mutual aid to foster more cooperative relationships. In addition, the departments are cooperating in the future use of converting to large diameter hose for fire hydrants. COMPLETE. 4. Foster partnerships and reciprocal programs with other arts organizations. 5.* Finalize the General Agreement with the National Park Service and Lower Elwha Klallam -3- 217 Tribe on the Elwha River Restoration Project. The parties approved the MOU in August. COMPLETE. 6.* Negotiate a solid waste agreement with Clallam County and the City of Sequim to develop a transfer station operation at the landfill site. The agreement was signed with Clallam County, but the City of Sequim opted out ofthe initial contract to explore other local options. COMPLETE. 7.* Coordinate with Clallam County and the Public Utility District (PUD) to design a sewer extension and connection to our Wastewater Treatment Plant (WWTP) to serve the eastern UGA. This issue is related to the Revenue -Sharing project as well. As previously reported, the project is pending the final consultant report on feasability of the sewer service extension. 8. Finalize the agreement with the Lower Elwha Klallam Tribe (LEKT) to allow discharge of wastewater to the City's WWTP for treatment. The agreement is pending Council review based upon various project priorities. GOAL: QUALITY MUNICIPAL SERVICES Organize and provide municipal services that are oriented toward meeting the needs of our citizens, effectively utilizing available resources, and achieving improvements in our community's Programs ! Pro�ects�, �` € t€ �ss�.,.,.;z A. General Services: 1. Evaluate an integrated records management system for the Fire Department. Staff is evaluating vendor systems and reviewed a GIS based system as well as a web -based system. The goal is to complete incident reports in the field. 2.* Reduce the number of unnecessary fire and medical aid calls, particularly at care facilities. Staff has met with the local care facilities to discuss alternatives to utilizing emergency response crews to assist with non -injured resident calls. The awareness of the situation has resulted in a decrease for such service calls. We have also tracked false alarms with apartment complexes and are addingprotective covers to reducefalse alarms. COMPLETE. 3. Develop a Downtown Building Fire Risk Analysis that addresses community fire/ems risks. With the result of two major fires downtown, the department is proceeding with such an evaluation of f re protection systems. A recent purchase of a building by First Federal has resulted in the installation of a basement sprinkler system. Staff is meeting with the PADA to explain the scope of review and dispel any fears about unnecessary regulations. 4. Conduct an efficiency review for the Equipment Services Division. The Fleet Manager has restructured the organization with all positions f fled. The results will be monitored over the next year for performance and effectiveness. COMPLETE. 2t$ 5. Evaluate the need for a water reclaim system for the Equipment Services Division. It has been determined that the existing system is adequate after performing minor repairs. COMPLETE. 6.* Develop and adopt a Capital Facility Plan (CFP) for the Stormwater Utility program. The CFP has been adopted by the Council with the stormwater projects identified. COMPLETE. 7. Develop a spill prevention control and counter measures plan for the electrical substations. The plan has been developed and approved. COMPLETE. 8. Oversee the completion of the I-Net by Wave Broadband. At the February 17th Council meeting, the I-Net backbone project was accepted as complete and the franchise extended term requirements were deemed satisfied. The City's partnership with the private sector has enabled broadband communications in a cost effective solution for the community. COMPLETE. 9. Develop a Vulnerability Plan for the water utility. This plan has been approved by EPA. COMPLETE. 10. Complete the comprehensive Combined Sewer Overflow (CSO) Plan. This plan has been approved by the City Council, and submitted to the Department of Ecology for review. The next element is negotiation of the time and task elements. 11. Evaluate the need of acquiring property adjacent to the WWTP for future expansion. This task has been incorporated into the above report on the CSO Plan. 12.* Develop a cooperative program for routine maintenance at selected park facilities using assistance from volunteers, non-profits, agency and business organizations. Staff is working with the Peninsula Trails Coalition to develop an "Adopt a Trail" Program for the waterfront and Discovery Trail. In addition, our Waterfront Ambassador Program of offering assistance to visitors is very successful with 15 volunteers working this section of the trail downtown between Francis St. and the Valley Creek Estuary. 13. Develop a Park Facility Maintenance and Strategic Plan to improve operational efficiency. The first phase dealing with inventory of park facilities has been completed with a preliminary recommendation to surplus two parkparcels submitted in this Council agenda. 14. Expand recreation and arts opportunities by creating two new programs/events. Recreation staff has begun a new Pickle Ball program at the Senior Center; and the PAFAC has partnered with community groups to sponsor special events this Fall. 15. Implement Laser fiche program improvements in Community Development and Public Works Departments. LaserFiche was implemented in both the Public Works and Community Development Departments. Public Works has been trained and is utilizing the program. 16. Present a comprehensive community-oriented policing strategy based upon the Western Regional Institute for Community Oriented Public Safety (WRICOPS) evaluation. Along with the survey results, the WRICOPS study was finalized and reviewed by the Police Department. These recommendations are being incorporated in departmental procedures where appropriate. COMPLETE. 17. Appoint an officer to serve as the Domestic Violence Coordinator and incorporate improvements to program enforcement and management. Officer Barbara McFall has been appointed the Domestic Violence Coordinator and is meeting with community groups and developing an action plan. OJficer Tom Kuch has also -5- 219 been appointed to be the Crisis Intervention Officer with special training in mentally ill defendants and situations. COMPLETE. 18. Provide core network services to select employees to access work records off-site. 19.* Update the Comprehensive Plan for Parks, Open Space and Facilities. A subcommittee has been appointed to review the current draft progress on the updates. B. Infrastructure Maintenance: Develop bid specifications for replacement of the ladder truck. A staff committee is working on the specifications and evaluating existing models in other departments. A site visit to the City ofRedmond was scheduled in September to evaluate their recent ladder truck purchase. 2. Complete the replacement of the Fire Department roof. Construction is completed, and the last remaining item is installation of a ladder for rooftop access. Reimbursement request to the insurance company is being prepared. COMPLETE. 3. Replace major portions of the concrete water main transmission service. Bids were opened 6/25 with award on July 6th. Construction is scheduled for the Fall. 4. Replace the Spruce Street water pump station. Bids were received 6/25 with a July award of contract. The project name will be Fairmount Pump Station to better reflect its service area. Work is expected to be complete in the Spring. 5. Reduce CSO impacts to Waste Water pump stations #1 and #3. The project was recently awarded with construction anticipated in the Fall. 6. Complete the first phase of a 3-phase project to replace electrical underground service to the Elwha pump station. The project construction is COMPLETE. 7. Repair City Pier and dredge, if necessary. The structural analysis has been completed, and we are proceeding with permitting. It is likely that construction will be delayed until Spring, 2005. 8. Replace the circuit switches and relays at the "F" Street electrical substation This project was recently accomplished by the contractor. COMPLETE. 9. Repair the Oak Street out -fall. The contract has been awarded, but the contractor has notified us of his intent to withdraw. We are reviewing the options and alternatives. 10. Repair the Peabody Heights Weir Facility. Project has been deferred to Spring, 2005. DEFERRED. 11. Expand the methane gas collection and improve the stormwater and erosion control systems at the landfill. The stormwater and erosion control measures have been constructed. The methane gas collection has been deferred to 2005. COMPLETE. 12. Reactivate the Morse Creek Hydro Facility via lease/sale with the private sector or public operation. The Lower Elwha Klallam Tribe is performing an environmental assessment to satisfy a FERC requirement. USFish & Wildlife is reviewing the environmental assessment. After the EA is complete, a request will be made to FERC to change our operating license. The City is currently operating the plant. 13. Upgrade the downtown traffic signals. This project has now been completed, however, we are working with the State to perform a computer modeling of traffic flow along our main east -west corridor to the Del Guzzi signal. COMPLETE. 14. Upgrade the traffic signals on Ennis Street at Front and First. Staff is working with WSDOT to perform the computer modeling. In the interim, we have adjusted the timing manually to maximize the east -west trip time. COMPLETE. 15. Reconstruct Peabody Street from First to Fifth. The project has recently been finished by Lakeside Industries. COMPLETE. 16. Renovate and improve City park restroom facilities. The renovation of the Pier Men's restroom is complete and the women's restroom is underway. 17. Renovate the athletic fields at Shane Park. The construction has been deferred until 2005 pending CFP fund appropriations. DEFERRED. 18. Renovate Lincoln Park fields #3 and #4. GOAL: EMPLOYEE EXCELLENCE Expand programs and policies that enhance the work environment, stimulate employee performance, and promote customer service to assure the provision of quality municipal services and prepare our employees for the future challenges in municipal government. ^s € a Prog"rams /rojecls n� ` v € i s 5 € #ij iE a i£iu n � €��t s4 b `.,fid, €.a v r* .. 'wiP� i (P„4, 1.* Update the City's Personnel Policy / Procedure Manual. 2.* Institute a program for employee recommendations to enhance organizational performance. 3.* Update the Fire Department's Standard Operating Guidelines. Final editing of these operating guidelines is currently under review. 4.* Evaluate the effectiveness of the City's work order and job cost allocation systems. GOAL: COMMUNITY DEVELOPMENT Develop policies and promote implementation measures that enact our Comprehensive Plan, preserve the character of our community, and provide the necessary public facilities and infrastructure consistent with our vision for thefuture. 291 1. Complete the design of the Port Angeles Fine Arts Center (PAFAC) "Front Yard" Plan. DEFERRED. 2. Install a sanitary sewer to the Loomis Building at Lincoln Park. The staff and Rotary Club have agreed to relocate the restroom destroyed by arson in December to a location closer to the Loomis Building as a cost effective design component of the project. Trenching work will likely begin in November. 3. Formulate a plan to replace the play equipment at Lion's Park. A third workshop on these improvements is scheduled for Fall. 4. Develop a design for re -landscaping traffic islands on the east entrance from Hwy 101. Andrew May and Jackson Smart have submitted a plan for these islands along with their design for the entry sign. These designs are being reviewed. 5. Improve the use of the Long House at Lincoln Park. Staff is coordinating with the Lower Elwha Klallam Tribe to remove the concrete floor and restore the traditional dirt surface in November. Long-range plans contemplate the interest by the Tribe to relocate the longhouse to a cultural center location. 6. Complete the phased landscaping improvements to Francis Street Park. The increased landscape plantings and handrails are now complete. COMPLETE. 7. Complete scheduled capital improvements at the Senior Center. Gutter repair has been completed and the roof leak handled for maintenance. The walk-in cooler replacement is underway, and the carpet replacement is scheduled for November. The Seniors are working on a new proposal for next year involving expansion of the lounge using prior bond proceeds. As these plans are developed, we will bring them to the Council for review. 8. Accomplish Phase I improvements to Elks Park. 9. Evaluate the feasability of a public skate park. The Nor'wester Rotary is conductingfund raising, and has raised nearly $100, 000 toward this project. They have committed to start the design drawings with construction planned for 2005 pending additional funding. The City Council has approved the site and design. COMPLETE. 10. Complete construction of the Carnegie Building for conversion to museum operations with the Historical Society. Phase I design components for the interior of the building have been completed. Phase II development of the displays has commenced under the administration of the Clallam County Historical Society. COMPLETE. 11. Reevaluate the requirements of the SE reservoir for the high zone system with the cooperation of Clallam PUD. This task will be deferred to 2005 due to the water contract issue with the PUD and the delay in coordinating capital facility planning. DEFERRED. 12. Improve the stormwater discharge at the vicinity of Crown Park. The Project has been awarded with construction currently underway. 13.* Undertake the design/permit effort for the 8th Street Bridge Replacement Project. The design phase I is complete with Phase II commencing. The slant leg steel design option has been chosen with the open house for design conducted on 7/27. Budget and streetscape will be reviewed in November. 14. Provide utility support to the renovated "welcome" sign on Front Street by Thurman's. The project has received support from the City and the Rotary. Parks crews have begun site work, and Utility crews have completed the rough -in utility work. 292 15. Design the Underground support for the Laurel Street sidewalk from Railroad to First. The PWTF loan application has been approved, and structural engineering services has been requested. Construction is expected in 2005. 16. Design / build a storage shed and aeration system for finished compost at the landfill site. The storage shed option is not required at this time. Theproject to expand the aeration system has been awarded and construction is now finished. COMPLETE. 17. Obtain permits to construct a revetment wall to stabilize the sea bluff at the Landfill. A permit for exploratory action has been approved, and exploratory work at the base commenced. Final design consensus amongst the various agencies may take many months. 18.* Construct improvements to the sewer and storm systems in the vicinity of Campbell and Park avenues as part of the New Improvements for Community Enhancement (NICE) Neighborhoods Program. The design is currently under contract with Skillings/Connelly for improvement to this capacity problem. A Development Agreement with Green Crow was adopted by the Council. In order to seek outside grant funding and still coordinate with the developer's schedule, construction is anticipated in 2005. 19. Extend the electrical service to unserved area by the Airport. A request has been sent to the PUD to coordinate the change in service. 20.* Submit application to Clallam County for expansion of the eastern UGA to Deer Park. The City's request was withdrawn based upon the opposition of the neighborhoods in the eastern UGA and no support by the County. 21. Update the critical areas protection requirements as they impact the Port Angeles harbor. The Planning Commission reviewed the schedule for these regulatory changes at theirAugust 25th meeting. 22. Complete the Watershed Management Plan recommendations through the Water Resource Inventory Area (WRIA) 18 process. The Watershed recommendations were adopted as part of the April 6th meeting agenda. COMPLETE. 23.* Finalize proposed amendments to the Comprehensive Plan. Ordinance 3163 was adopted at the 6/14 Council Meeting approving the updated Comprehensive Plan. COMPLETE. 24.* Submit application to Clallam County for expansion of the western UGA. The above updated Comprehensive Plan sets a policy for such UGA extension to the west, however, the County Planning Commission has recommended against such expansion. This issue is still under review at the County level before their adoption scheduled before year's end. GOAL: ECONOMIC DEVELOPMENT Stimulate the community's economy through a combination of policies and programs which diversify the economic base, support the community and resource-based activities, provide adequate infrastructure and support, promote the opportunities for high technology and innovative applications for our business and industrial base, and establish the community'sprominence as the service and activity center of the North Olympic Peninsula. 223 -9- Program:) Projects>IN ,. � � . �`ti . , }.., .. ��... _',.... . ,. F .. _.. ,� ..... � }}W }, 1.* Commence construction of the International Gateway Project. The Gateway Review Committee has endorsed the current design and the project is moving ahead with final design documents and property acquisition. 2. Secure a lease commitment from the Chamber of Commerce for relocation to the Gateway Visitor Center. Discussions have been held with the Chamber regarding a long-term lease proposal. These negotiations are on-going and are tied to the overall financial feasability being developed. 3. Design the parking facility associated with the International Gateway Project. The parking design is part of the current Gateway design effort. 4. Formulate a development vision for the Rayonier site in cooperation with the owner and stakeholders in the community. This project was incorporated partly into the Comprehensive Plan amendments and it will not require a zoning change to enable development other than industrial per the current policy. Rayonier has proposed expansion of land uses associated with an Industrial Development Zone. 5.* Finalize the Development Agreement for the Hotel/Conference Center proposal on Oak and Front Streets. The developer has a Shoreline Permit that is valid until November 14th, and we have requested that he provide proof of financing and completed building documentation prior to this date in order to proceed with project finalization for construction. 6. Design the final phase improvements for the Downtown Water Main and Sidewalk Replacement project. Design is starting on this project, and PWTF loan documentation has been received by the State. 7.* Develop a financing plan for the proposed sewer extension to the eastern UGA. While the preliminary feasability is being negotiated by the County, the preliminary discussions have concentrated on grants and the Opportunity Fund to fund the bulk of the capital construction of the main line with LID's for the laterals that were not covered by special grants. This review is pending the final feasability determination by engineering consultants to the County. 8. Apply for outside funding assistance on the International Waterfront Promenade. Preliminary requests have been submitted for Congressional support and were reviewed with the appropriate staff as part of the NLC visit in March. Senator Murray toured the area on August 26th. 9. Develop a business plan that identifies resources for the Incubator function at the Skills Center. 10. Coordinate the comprehensive plan, zoning, and clean-up standards through the Model Toxic Control Act (MOTCA) for the Rayonier site. The land useportion has been coordinated through the Comprehensive Planningprocess, and we are awaiting the finalization of the clean-up plan from DOE. 11. Analyze the feasability of a Recreation Complex at Lincoln Park involving an ice rink, indoor soccer, multi-purpose facility and aquatic center. The feasability report was completed, and the decision was to not move forward at this time for a combined complex facility due to the capital and operational cost projections. COMPLETE. 224 BU! 12. Develop a tourism / marketing plan for the PAFAC. ON-GOING. 13. Formulate a Business Plan proposal in conjunction with the private sector to develop a Golf Course on Port -owned property south of the airport. The Port has decided to surplus this property, and whether it develops as a Golf Course or some other development, this project will likely take on a new focus. DEFERRED. 14. Develop the first phase design and utility construction for the Del Guzzi property. The first five -acre phase was sold by the City to a private party who has recently filed their subdivision application. The second phase is currently being reviewed for market submittal. Because ofprivate investment, the City may not need to participate in this utility construction. 15. Revise the City's parking regulations ordinance. The revised Parking Ordinance was adopted at the April 20 th meeting. COMPLETE. 16.* Facilitate efforts with other public and private stakeholders to formulate an improved waterfront vision and harbor management plan. The DNR held a preliminary meeting involving themselves, the Port, City, and Lower Elwha Klallam Tribe in defining the potential scope of the proposed project. The major difference is seeking the balance between development and cleanup tasks. 17.* Coordinate with the LEKT on development of the "Elwha Landing" project. City and Tribal staff and Council representatives have met to discuss the status of this project and determine ways to advance the environmental and economical information needed to eventually transfer the property into Tribal Trust for development purposes. 18. Market the benefits of the I -Net and expand broadband service capability in the community. The agreement between the City and CPI has been amended to encourage private marketing. CPI will market the I -Net and share in the costs. GOAL: COMMUNITY LIVABILITY Protect, preserve and enhance the quality of living within our community which fosters a commitment toward excellence in environmental, cultural, social, and physical benefits to our citizens. Programs Projects 1.* Update the Animal Control Ordinance and evaluate a regional response for animal control and sheltering services. The animal Control Ordinance revision has been proposed to the City Council with a public hearing proposed for this Council meeting. 2.* Develop an Alarm Ordinance to deal with the incidence of false alarms. Sgt. Glenn Roggenbuck is leading this project and has obtained sample ordinances for review. It will be coming to committee review in November. �?5 3.* Institute a trial program directed at Downtown Community-oriented Policing to assist business. Officer Dropp was assigned foot patrol downtown prior to his assignment to the State Academy for officer training. His presence was well received and had a positive impact on the incidents unique to our downtown. Unfortunately, Officer Dropp is now at the Academy and due to manpower, we are unable to maintain this dedicated presence. We have committed to institute an office and presence in the Gateway Visitor Center when it is built. The trial was a success and we will explore a more permanent solution in the Budget process. COMPLETE. 4. Develop a comprehensive Brake Ordinance to lessen noise impacts. Staff is currently reviewing ordinance examples. 5. Expand the Downtown Flower Basket Program. The landscape corridor plan has started with the addition of the section between Vine &Albert streets along Front. The landscape plan has been submitted to PA Forward and is now being brought forth to the Council for review and approval. 6.* Assist with special events in the community. Events held in September were the Big Hurt (11/12), Dream Playground Community Picnic (11), Heritage Days (17-19), Punt,Pass & Kick Competition (26), Peninsula Bike Adventure (26). October saw Strait Thunder(], 2,3), the Dungeness Crab & Seafood Festival (6-12), and a Soccer challenge (3). We did have a couple of basketball tournaments cancelled due to not enough teams. 7.* Initiate a development agreement to fluoridate the City's water system. The appeal ofDNS 1058 was re-issued on 3/15 and the appeal hearing was held on July 28/29. The Council denied the appeal with Findings and Conclusions to bepresented September 7th. We are working with the Dental Foundation on the gifting agreement for the improvements. 8. Support property acquisition for Valley Creek restoration. The City currently owns several parcels to protect this stream corridor. We currently have about $13, 000 to work with for restoration efforts in this corridor and will be proposing some erosion control associated with our future Eighth Street Bridge Project. 9. Incorporate the neighborhood planning process into our Comprehensive Plan strategy. 10. Update the Directory of Social and Human Services, and provide a summary of the information on the City's website. The summary was updated effective November, 2003 and has been posted on the City's web page. COMPLETE. 11. Develop a route for the westward expansion of the Olympic Discovery Trail through Port Angeles. Staff met with the Jet-Set Soroptomist Club to start the planning process for a westward route through Port Angeles from Marine Drive. 2��6 GOAL: COMMUNITY RELATIONS Enhance citizen - government communication in order to promote a more responsive and accountable municipal organization which functions with understanding and support for its constituency. L* Improve performance benchmarks for the budget. The Fire Department has submitted performance based benchmarks in their budget and really set the challenge for all departments to follow. Staff is reviewing various formats and will expand our measures as part of the 2005 Budget. 2.* Initiate the "clic-to-gov" application system. Staff is working on the implementation of this module after its initial installation in February. We are now ready to launch this program service and information access to the public. 3.* Enhance performance measures for citizen input into the budget process. 4.* Redesign the city-wide web page with text and links. Staff is revising the web page format and functions. Connecting pages for both the utility and permit information have been completed and are undergoing internal testing. Departmental sites have been redone with new photographs, links, indexes, and content. 5. Increase public programming on Channel 21. Staff is working with WSU to show films related to nutrition and food safety. Once the City's redesigned web site is fully activated we will provide a schedule for Channel 21 programming. We have also made initial contacts with PNNto prepare some informational videos for our use and programming on this channel. 6. Evaluate the installation of public access equipment to broadcast public meetings. Staff has contacted Wave Broadband concerning the franchise commitment of $60, 000 toward public broadcast equipment over five years. We believe that we can accelerate the payments and install the equipment in full. The Council decision for broadcast can occur at a future date once the equipment is ready since it will be accessible to other groups desiring such service. 7.* Evaluate City services through a User Satisfaction Survey. 8. Celebrate the 10th anniversary of the Senior Center. October 28th was the Open House and celebration of 35 years of service and 10 years in the current Senior Center. COMPLETE. 9. Increase marketing of the PA FAC with website, exhibition posters, publications and similar efforts. The PAFAC is redesigning its website. CADocuments and Settings\Mquinn\My Documents12004 Council Goals & Department Work Plan.dat CC mtg 1/20/04 3?_1 228 PUBLIC WORKS PROJECT STATUS REPORT FOR OCTOBER, 2004 CHANGE ORDERS FOR ACTIVE CONSTRUCTION PROJECTS (COSTS SHOWN INCLUDE APPLICABLE TAXES) PROJECT TITLE BUDGET ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS CHANGE ORDERS THIS MONTH REVISED CONTRACT AMOUNT Fire Sta. Roof Rep. 01-14 $450,000 $352,785.63 $52,307.28 $8,549.95 $413,642.86 Elwha UG Rebuild 11 02-11 $150,000 $119,108.34 $0.00 $0.00 $119,108.34 Peabody Waterline 02-20 $2,000,000 $1,271,101.94 $0.00 $0.00 $1,271,101.94 Fairmount Pump Sta 02-26 $850,000 $699,653.33 $0.00 $0.00 $699,653.33 Crown Pk SS/Storm 03-12 $925,000 $914,767.54 $0.00 $0.00 $914,767.54 Downtown Signals 03-01 $650,000 $310,368.00 $240.00 $0.00 $310,608.00 Peabody St. Overlay 03-15 $400,000 $398,759.50 ($8,652.50) $0.00 $390,107.00 Tree Trimming 02-25 $30,000 $30,000.00 $0.00 $0.00 $30,000.00 Oak Street Sewer 04-03 $70,000 $26,955.87 $0.00 $0.00 $26,955.87 PUBLIC WORKS CONTRACTS/PURCHASE ORDERS APPROVED BY CITY MANAGER (COSTS SHOWN INCLUDE APPLICABLE TAXES) CONTRACTOR OR VENDOR Project- PO # DESCRIPTION AMOUNT UPCOMING PUBLIC WORKS CONTRACTS (NEXT 30 DAYS. ESTIMATED DATES SHOWN) PROJECT TITLE ADVERTISE FOR BIDS BID OPENING START CONSTRUCTION END CONSTRUCTION N:IPWKS\ENGINEER\MGRRP'nChange Orders 20041co10-04.wpd 229 PUBLIC WORKS GRANT & LOAN APPLICATION STATUS REPORT OCTOBER 2004 Project Description Project Total Cost Grant/Loan Grant Match or Award Status - Source & $ Loan Data Listing CSO/Stormwater Centennial Grant Loan rates and grant matches Varies Apply as Projects $20,000,000 SRF & PWTF vary with programs. with available Loans programs Park St. Race to $660,000 ($187,500 TIB PSMP Grant Grant Match: 32%/ $60,000. November Submitted Liberty Sewer & Sidewalk) $150,000 City $25,000 sidewalk pgm. & 2004 August 2004 Sidewalk, TR07-00 $15,000 in kind design/const. labor; School Dist. $20,000. 16" St. Sidewalk, $200,000 TIB PSMP Grant Grant Match: 25%/$50,000. November Submitted Phase I "F" to "G/H", $150,000 City $15,000 sidewalk pgm. & 2004 August 2004 TR10-00 $15,000 in kind design/const. labor; School Dist. $20,000. $200,000 TIB PSMP Grant Grant Match: 25%/$50,000. November Submitted 16th St} Sidewalk, $150,000 City $15,000 sidewalk pgm. & 2004 August 2004 Phase II "G/H" to "I", $15,000 in kind design/const. TR09-00 labor; School Dist. $20,000 $165,000 Safe Routes to Grant Match: 33%/$55,000. July 2004 Not selected "F" Street, Stevens to School City $25,000 sidewalk pgm. & 16`h Street (School $10,000 in kind design/const. District is applicant. labor; School Dist. $20,000. City to Design & Manage) BRAC: Bridge Replacement Advisory Committee PWTF: Public Works Trust Fund DWSRF: Drinking Water State Revolving Fund TIB, AIP: Transportation Improvement Board, Arterial Improvement Program TIB, PSMP: Transportation Improvement Board, Pedestrian Safety and Mobility Program Centennial: DOE administered grant /loan funding for water quality improvement projects Safe Routes to School: WSDOT administered grant program for School Route safety improvements NA WKS\ENGINEERWGRUnGrants & Loans 2004\Grants & Loans 10-04.wpd 230 OI CI Sh; Exec Be( r;ty Ecoi RTA- -; W A S H I N G T O N, U. S. A. Date: November 1, 2004 To: Mike Quinn, City Manager From: Sam Martin Subject: VETERAN'S DAY REGIONAL SITE RECOGNITION Mike: Port Angeles is participating in the hosting of the Veteran's recognition at the Coast Guard Airstation on November 11, 2004. Each year I work in coordination with the Coast Guard to petition the Veterans Day National Committee in Washington, D.C. to designate Port Angeles as a regional site for this celebration. We are very pleased to announce that we have again earned this honor. Only a handful of cities get this designation. The City of Port Angeles can be very proud of their participation. It is a real honor to pay respects to our veterans on their very special day. I submit this information for the Council agenda of November 1 so everyone will be aware that they are invited to share this day at the U.S. Coast Guard Air Station at 10:00 a.m. Respectfully, Sam Martin 231 t p .YETF•R, TERANS DA�. .' NATIONAL COMMITTEE srart:s �� , � � • RECEIVED Veterans Day National Committee JUL 15 2004 City of Pnrt Angeles HONORARY CHAIRMAN HON. GEORGE W. BUSH The Honorable Richard Headrick President of the United States Mayor of Port Angeles CHAIRMAN 321 East Fifth Street HON. ANTHONY J. PRINCIPI P.O. Box 1150 Secretary of Veterans Affairs VICE CHAIRMAN Port Angeles, WA 98362-0217 CYNTHIA R. CHURCH Assistant Secretary for Public and Intergovemmental Affairs Dear Mayor Headrick: Depanrn meof Veterans Affairs HONORARY MEMBERS HON. DONALD H. RUMSFELD It is my pleasure to present the enclosed Veterans Day 2004 Secretary of Defense Regional Site Certificate for Port Angeles, Washington. I am HON. ARLENSPECTER. Chairman. Senate Committee on Veterans' Affairs confident that your celebration of America's 51 st annual Veterans 506 GRAHAM, Ranking Member, Senate Committee on Veterans' Affairs Day will set an example for the rest of the nation to follow again this Sen HON. CHRISTOPHER H. SMITH, Chairman, year. House Committee on Veterans' Affairs HON. LANE EVANS. Ranking Democratic Member, House Committee on Veterans' Affairs Secretary of Veterans Affairs Anthony J. Principi will inform MEMBERS your Governor of your selection as a Regional Site and encourage Non Commissioned Officers Association of America support for your Veterans Day celebration. We have notified the The American Legion - MifrtaryOrderofthePurpleHeart Department of Defense of your selection and requested that a Peart Harbor Survivors Association Marine Corps League military liaison officer be assigned to coordinate local military Military Chaplains Association of the USA Women's Army Corps Veterans Association ceremonial support._ As we have in the past, we will send you a Paralyzed Veterans of America Legion of Valor number of Veterans Day posters as soon as they become available Military Order of the World Wars The Retired Enlisted Association in September. Congressional Medal of Honor Society Disabled American Veterans Military Officers Association of America Polish Legion of American Veterans If we can be of further assistance, please contact Sharon Korean War Veterans Association American G.I. Forum Parks of my staff at vetsday@mail.va.gov or (202) 273-4849. On Jewish War Veterans 0l the USA American Ex -Prisoner of War behalf of the Veterans Day National Committee, congratulations on Catholic War Veterans Vietnam Veterans of America your selection and best wishes for a successful celebration. Veterans of Foreign Wars of the United States AMVETS Blinded Veterans Association Army and Navy Union, USA incerely, ASSOCIATE MEMBERS American Gold Star Mothers Fleet Reserve Association Gold Star Wives of America Veterans of World War I of the USA Veterans of the Vietnam War, Inc. Blue Star Mothers of America Air Force Association Cynthia R. Church Navy Seabee Veterans of America Air Force Sergeants Association Vice Chairman United Spanish War Veterans State Directors of Veterans Affairs Veterans Day National Committee Help Hospitalized Veterans American Red Cross American Defenders of Bataan and Corregidor Veterans of the Battle of the Bulge Enclosure National Association of State Veterans Homes DEPARTMENT OF VETERANS AFFAIRS (002C), 810 VERMONT AVE., N.W., WASHINGTON, D.C. 20420 Area Code (202) 273-8109 http://www.va.gov/vetsday/ �ent ,Qe,4 of Veterans 2Tzis certifies that PortAyefes, Washington is &�qnata by &e Veterans Day National Committee as a R,egionaCSite for the CeCe6ration of Veterans Day 2004 233 VA FORM 4780a, MAR 1998 (R) A ho y J. Principi Secretary of Veterans Affairs Chairman, Veterans Day National Committee 234 ROLL CALL Members Present: Members Excused: Staff Present: Public Present: APPROVAL OF MINUTES MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 October 13, 2004 6:00 p.m. Bob Philpott, Fred Norton, Linda Nutter, Chuck Schramm, Leonard Rasmussen, Dylan Honnold Fred Hewins Brad Collins, Scott Johns, Jim Mahlum Burt Reid, Robert Knapp, Tim Woolett Commissioner Nutter moved to accept the minutes as presented. The motion was seconded by Commissioner Honnold and passed 5 - 0, with Commissioner Norton abstaining due to his absence from the meeting. PUBLIC HEARINGS: Vice Chair Rasmussen indicated that those who testify must sign the "Sign In" log and affirm that their testimony will be truthful to the best of their knowledge. STREET VACATION PETITION - STV 04-01 - REID - Portion of the 16/17 Alley east of "A" Street in Block 444. Director Brad Collins presented the staff report and a memo from Assistant Planner Sue Roberds dated October 13, 2004, amending the staffreport, recommending the Commission forward a recommendation of approval to the City Council, citing 2 conditions, 12 findings, and 5 conclusions. Commissioner Schramm asked if "A" Street would remain blocked to through traffic if the recommended access from "A" Street to Lauridsen Boulevard is completed. City Engineer Jim Mahlum indicated that it would remain blocked to through traffic. Commissioner Nutter expressed concern about access to the site being from the Tumwater Truck Route to "A" Street through 17' Street. Director Collins pointed out that the State of Washington Department of Transportation indicated that they have no objection to that access and that currently the only legal access to the site is via 17`h Street and the City could not deny the applicant access to his property. He also indicated that another action by the Real Estate Committee to rededicate a portion of "A" Street is required before an access through "A" Street to Lauridsen Boulevard can be created. Vice Chair Rasmussen opened the public hearing. Burt Reid, 919 W. Lauridsen Boulevard, Port Angeles stated that he agreed with the staff's report and that he intended to work cooperatively with the city to gain access via "A" Street to Lauridsen Boulevard rather than creating a main access through the existing right-of-way at 17ch 235 Planning Commission Minutes October 13, 2004 Page 2 Street to the Truck Route. He further indicated, following questions from the Commission, that he would like a secondary emergency access and that he would consider any configuration of a cul-de- sac to achieve a solution acceptable to both him and the City. There being no further public comment, Vice Chair Rasmussen closed the public hearing. Under direct questioning, Mr. Reid indicated that it is important to have adequate emergency access to the site and that he would be willing to work with the City to create an access that would include a cul-de-sac for turn around as part of opening the "A" Street access. Commissioner Schramm stated that better language needed to be included to address the issue of access through the residential portion of "A" Street. Director Collins indicated that a finding could be included to ensure that "A" Street is blocked off to commercial traffic, but not the site. Commissioner Nutter requested that the last sentence of finding #7 requiring access to the Tumwater Truck Route be struck. Director Collins agreed, but reiterated that the only legal access route currently in place is via 17`h Street to the Truck Route. Director Collins then suggested adding a finding stating that "`A' Street is currently blocked off at 16`h Street for any further access to the south and is blocked off just north of 17`h Street for any access to the north from the south". Commissioner Schramm moved to forward a recommendation to the City Council to approve the street vacation with the amended conditions, findings, and conclusions. Conditions: 1. Industrial access to the site shall be from 17`h Street to the Tumwater Truck Route, or "A" Street to Lauridsen Boulevard, the design of which shall be as approved by the City of Port Angeles Department of Public Works and Utilities and the State Department of Transportation prior to development. 2. Lots owned by the petitioner in Block 444 shall be combined into one building site per Zoning Lot Covenant prior to the issuance of any building permit for the property. Findings: 1. A petition requesting vacation of that portion of unused right-of-way located west of the Tumwater Truck Route legally described as abutting Lots 6 - 15, Block 444, Townsite of Port Angeles was received on July 13, 2004, from Mr. Burt Reid. 2. Abutting property owners to the right-of-way are Mr. Burt Reid and the City of Port Angeles. The petition is valid as it was signed by the owner of at least two thirds of the abutting property, Mr. Burt Reid, who is the owner of Lots 6 - 13, Block 444, TPA, with the City of Port Angeles being the remaining property owner of Lots 5, 14, and 15, Block 444, TPA, located west of the Tumwater Truck Route, which is an arterial street.. 3. The area is zoned IL, Industrial Light. The IL zone allows for a variety of industrial uses which are largely devoid of exterior nuisances and typically involve the manufacture of finished products from pre -fabricated materials, material storage or product wholesaling. The zone provides the basic urban land use pattern for light industrial uses with direct access to an arterial street and requires a minimum of 10' wide buffering of mature trees between the zone and adjacent residential uses. 4. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right-of-way. Land Use Map Goal, Policies and Objective Element 236 Planning Commission Minutes October 13, 1004 Page 3 Goal A; Land Use Element Commercial Goals and Policies Goal D, and Policy D.3; and Industrial Element Goals and Policies Goal G, Policy G.2, and Goal H are relevant to the proposal. 5. The City of Port Angeles' Real Estate Committee met on September 13, 2004, and established that the value of the unopened right-of-way is $2.30 per square foot. The subject area is 250' x 20' for a total of 5,000 square feet in area. Compensation for the property would then be $11,500. 6. The alley right-of-way is currently accessed by "A" Street which was vacated south ofthe site in order to combine the City's Municipal yard uses along both sides of the street at the location. Rededication of "A" would allow access from the subject site to Lauridsen Boulevard. Traffic along "A" Street from the north is restricted to residential only. Industrial access to and from the subject lots located north of the 16/17 alley to the Tumwater Truck Route can be obtained via 17`h Street across adjacent properties (Lots 11, 12, and 13) within the block, which are also owned by the petitioner, if consolidated with other property in the block owned by the petitioner. No utilities are located in the 16/17 Alley right-of-way. 7. No industrial access will be allowed through the residential street ("A" Street). The most eastern portion of the subject right-of-way terminates at the Tumwater Truck Route, which is also State Route 117, and a City arterial street. 8. Access south of 16`h Street on "A" Street has been blocked off. 9. The State Department of Transportation (DOT) representative reported that it will be the City's decision whether or not to allow a connection to the Truck Route, which is not an access controlled state highway inside the City. However, DOT maintains operational control of the highway and may require mitigation such as a turn lane as a result of a proposed connection. in coordination with the City of Port Angeles. The City and the applicant will work with the Washington State Department of Transportation when development is proposed for the site requiring industrial access to the Tumwater Truck Route. The State Department of Transportation (DOT) has indicated that access to the Truck Route must be developed per the City's standards with review by the DOT in the event that mitigating measures such as a turn lane are needed. 10. The vacating of a street is categorically exempt from a State Environmental Policy Act (SEPA) review per Section 197-11-800 (2) (h) of the Washington Administrative Code. 11. The site was posted for a land use action and required publication appeared in the Peninsula Daily News on September 26, 2004. 12. At its September 21, 2004, regular meeting, the Port Angeles City Council established a public hearing date for action on the street vacation petition as November 1, 2004. 13. The Port Angeles Planning Commission held a public hearing on the proposed street vacation on October 13, 2004, and forwarded a recommendation to the City Council for final consideration. Conclusions: A. Established traffic patterns on surrounding streets will not be negatively impacted by the vacation. In fact, if the site is developed to its industrial potential, the flow of traffic to and 237 Planning Commission Minutes October 13. 2004 Page 4 from the site will be directed to the Tumwater Truck Route, which is an arterial street, and will ensure that the adjacent residential neighborhood is not negatively impacted. B. "A" Street abutting the subject block south to Lauridsen Boulevard would provide ingress/egress to the site if rededicated. C. As conditioned, site development will consolidate the industrial property to ensure logical development of the site with adequate access for the industrial development. D. The proposal is consistent with the goals and policies of the City's Comprehensive Plan specifically: Land Use Map Goal, Policies and Objective Element Goal A; Land Use Element Commercial Goals and Policies Goal D, and Policy D.3; and Industrial Element Goals and Policies Goal G, Policy G.2, and Goal H were found to be relevant to the proposal. E. The street vacation is in the public interest as it places unused right-of-way on the tax roles and allows for the retention and expansion of existing businesses in the area. The motion was seconded by Commissioner Philpott and passed 6 - 0. The Commission took a break at 6:55 pm. The meeting reconvened at 7:05. CONTINUED PUBLIC HEARING: MUNICIPAL CODE AMENDMENT - MCA 04-02 City wide. AMEND VARIOUS SECTIONS OF THE PORT ANGELES MUNICIPAL CODE in compliance with the State mandated Growth Management Act (GMA) update of development regulations. Amendments to Chapters 15.20 (Environmentally Sensitive Areas Protection), 15.24 (Wetlands Protection), 15.28 (Clearing, Grading, Filling, and Drainage), and Chapter 16.08 (Long Subdivision). A new Chapter 3.7 1, introducing impact fees for the development of parks in the City. A general update of Title 17 (Zoning) to revise residential densities, add new definitions, nonconforming structures, Planned Residential Development, unclassified uses, add a new RS -11 Residential Single Family zone, a new CR Commercial Regional zone, a new PID Planned Industrial Development Overlay zone, and a new IM Industrial Marine zone, and the redesignation of public property to Public Buildings and Parks. (The public hearing is continued from September 22, 2004.) Associate Planner Scott Johns presented information regarding updated materials left on the dias prior to the meeting and pointed out the changes that had been made to the materials since the last meeting. Vice Chair Rasmussen opened the public hearing. There being no members of the public who wished to testify at this time, Commissioner Nutter commented that there was no mention of invasive nonnative plants, specifically English ivy, that can cause problems with slope destabalization in the Environmentally Sensitive Areas Protection codes. Staff agreed that ivy and certain other plant varieties can cause environmental problems but also that there are difficulties in regulating specific plants. Director Collins discussed a zoning map change proposed for the west end of the city. The 238 Planning Commission Minutes October 13, 2004 Page 5 proposal would rezone an area currently designated as Medium Density Residential RMD to single family residential, either RS -9 or RS -11, if that zone is created. The change in zoning would bring the area into consistency with the Comprehensive Plan change that was made earlier in the year, changing the area from a Medium Density Residential designation to a Low Density Residential designation. Vice Chair Rasmussen expressed concern that the area would be built out using low impact development street standards, stating that low impact development street standards are not adequate, especially for arterial streets. He further indicated that the City's low impact development street standards should be reviewed before rezoning an area to a lower density. He stated that the city has adequate low density areas. Commissioner Schramm also questioned the proposal indicating that the city should not try to create suburban areas within the city to try to be competitive with the county's ability to provide larger lots for development. Commissioner Philpott asked staff why this area shouldn't be developed similar to other areas in the city. Director Collins indicated that there has been a change in policy direction by the city over the past several years and a change in the home buying habits of the general population who are looking for larger lots with a suburban feel, and that the 11,000 square foot zoning is the lowest density that conforms to the State Growth Management Hearings Board decision that 4 dwelling units per acre is the lowest density that can still be considered urban in character. Commissioner Schramm stated that the city has an under abundance of moderate priced housing and that this change would lead to additional large lot single family homes that would not be considered moderately priced housing. Tim Woolett, P.O. Box 2685, Port Angeles spoke to the Commission suggesting that they not focus entirely on lot size, but make an effort to fully understand low impact development concepts. He further commented that traditional streets create much larger stormwater runoff amounts than narrower streets with drainage swales and that sometimes larger lots are better for reducing stormwater impacts. Vice Chair Rasmussen indicated that he had studied low impact development information but sees that primarily low impact development standards have benefitted developers and is not having the desired impact on stormwater problems. The discussion on the proposed amendments to the Environmentally Sensitive Areas Protection codes, Subdivision code, and Zoning code continued with Associate Planner Johns discussing the changes that had been made to those codes since the last Planning Commission meeting. Commissioner Schramm expressed concern regarding the amount of money that would be collected through the Park Impact Fee proposal, indicating that not enough money would be collected to fund either park land acquisition nor development. Director Collins pointed out that the money collected would be used to supplement existing general fund monies, not to replace other funding sources. He also indicated that the proposal would have an alternative to direct payment and that the proposal would not be prescriptive. Director Collins then told the Commissioners that they would have a choice of possible actions that could be taken on any of the proposed changes to the development regulations. Those choices include 1) agreeing with the proposed amendment and forwarding a recommendation of approval to the City Council; 2) amend the proposal and then forwarding a recommendation of approval to the City Council; 3) disagree with the proposal and forward a recommendation of denial to the City Council; or 4) determine that additional work needs to be done and send it back to staff. 239 Planning Commission Minutes October 13, 1004 Page 6 These actions can be taken on any portion of the proposals. The entire bundle of amendments does not have to be kept together for approval or denial. There being no further discussion, Commissioner Norton moved to continue the public hearing to the October 27, 2004, Planning Commission meeting. The motion was seconded by Commissioner Schramm and passed 6 - 0. COMMUNICATIONS FROM THE PUBLIC Robert Knapp, 554 Parrish Road, Sequim, WA introduced himself as a student in attendance to observe the public process of government and found the meeting to be more interesting than he had anticipated. 'I STAFF REPORTS Director Collins stated that he would be attending the Washington Chapter of the American Planning Association's Planner's Forum in Poulsbo on Thursday and that if Planning Commission members were interested, they could ride with him. REPORTS OF COMMISSION MEMBERS Commissioner Philpott stated that he would be out of town during the next Planning Commission meeting on October 27, 2004. Commissioner Rasmussen also indicated that he would out of town from December 8, 2004, to January 8, 2005. ADJOURNMENT The meeting adjourned at 8:35 p.m. Brad Collins, Secretary Len Rasmussen, Vice Chair PREPARED BY: S. Johns We] ,,,URT NGELES W A S H I N G T O N, U. S. A. DEPARTMENT OF COMMUNITY DEVELOPMENT DATE: November 1, 2004 TO: City Council Members FROM: Sue Roberds, Assistant Planner SUBJECT: Department of Community Development Planning Division August - October, 2004 - Monthly Report CURRENT APPLICATIONS: CURRENT PERIOD 2004YTD 2003 YTD Rezone 1 2 0 Municipal Code Amendment 0 0 0 Conditional Use Permit 1 8 9 Conditional Use Permit Extension 0 0 0 Conditional Use Permit Appeal 0 0 0 Annexation 0 0 0 Municipal Code Amendment 0 0 2 Subdivision 0 9 3 Binding Site Plan 0 1 1 Short Plat 2 4 3 Appeal of Short Subdivision Decision 0 0 0 Boundary Line Adjustment 1 7 4 Home Occupation Permit 0 3 2 Retail Stand Permit 0 1 1 Bed and Breakfast Permit 0 0 1 Variance 1 3 8 Minor Deviation 4 4 1 Street Vacation 1 3 2 Parking Variance 0 0 0 Temporary Use Permit 1 4 0 Shoreline Substantial Development Permit 0 5 4 Shoreline Exemption 1 4 0 Wetland Permit 0 1 0 Environmentally Sens. Areas 1 5 2 SEPA ENVIRONMENTAL POLICY: Determinations of NonSignifrcance 9 31 28 Mitigated Determinations of NonSignifrcance 0 0 0 Determinations of Significance 0 0 0 SERA Appeal 0 0 0 DEVELOPMENT REVIEW APPLICATIONS: Building Permit 33 103 140 Code Enforcement 24 14 63 5 Clearing and Grading Permit 0 0 0 85 253 216 242 0 Z 25 IM N j�j in it 'OI N n Lr) CNI lo U.) P,it N C3;ID M Lo. Di C6 M NFA g nin 'INI O IN N #Qin in 40) 14 kn c 4 40, A 'o 01 1 Go v 44 Ln i a 1 4* m PR > -T ,6 1,6 [VIN 1.n w P -L lo r- cb. I co o co 4ok en en 4ok 4o) uj 0 Z 0 iQ 1 6 1 co of Ln c4 : 40) IcJ -j D C, in C, N Ln —CD N Cj -ri 44 i Lu z Q N£4. v col 2 2 Cli >2 NOJ N! C,1 C', -1 t - G te Mo M" ce Ln 06 It i O ci co r CNI plyco rE V LnW LL vi -1 pl: Ln .6 oil c! 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U, .0 0 CV C7 07 Q C4 LU —K ole Ln Ln eiI w Cm 40 gn C, Iff 101- LU W0 tnz I LU w LU z LU > >- Z ai 0 Q U) Lu z Lu LIJ LU CL U) LU 111 z 0 < < i < F- Il U) 0 ui IX X 0 -!J! < 'D z ILL < a: 0 0 Lu > a: a: 's Z cn — .5 Z LLJ 3 LU 1 0 CC < > t 15 a:, LU U) Lu ? ,,, 1 C:O� :,) LU CL < LLJ g GC LL, g F -i 9 0:9 i ��, i 9 S i,- c -.11, = 0 :- 'm 22: c p E z a) LU n- 0 C.) 0 ci L)E C:) ZI I Z o I L)l a:1 L. z c7 z uj I LU go ED! 0 C, 00 0 u LA I ca cc CITY OF PORT ANGELES HOTEL/MOTEL GRANT THIRD QUARTER REPORT JULY 1 -SEPTEMBER 30, 2004 We, at the Port Angeles Parks & Recreation Department, have been very busy during the third quarter of 2004 with recreational activities that have brought additional tourists to Port Angeles. In keeping with our goal to impact tourism through the promotion and hosting of recreational events, we respectfully submit our Third Quarter Report. During the third quarter of 2004, Hotel/Motel Grant Funds helped make possible three softball tournaments and three baseball tournaments. Two of the softball tourneys were adult slowpitch, one for men's teams and one for coed teams, and attracted a total of 21 teams from out-of-town. The Larson Invitational, held July 19-20, brought a total of 14 men's teams here to play softball. The Captain T's tourney attracted 7 adult coed teams from out of town, including 4 from Victoria,B.C. and one from Portia nd,Oregon. The other softball tournament was the Babe Ruth Regional Tournament for 12U and 16U teams. Seven teams from out-of-town that won their respective State tournaments were here for four days in July playing for the right to go to the Babe Ruth World Series. The first baseball tournament, held July 4-6, was for 16-18 year old teams, and had eight out-of-town teams participate. The second baseball tournament was the 16- 18 Year -Old North Washington State Babe Ruth Tournament, held July 16th -22nd, and had eight teams from out-of-town here to play. The third baseball tournament was the Pepsi Invitational, for 10, 11, and 12 - year -old teams on August 13-14, and attracted 21 teams from out-of-town. In summary, the six events that were hosted in Port Angeles in the third quarter attracted 65 softball and baseball teams to our city spending one, two, three or four nights and spending over $115,000 in town. 245 aR THE CITE' OF PORTANGELES Police Department Mission Statement: In partnership with our community, the Port Angeles Police Department recognizes its mission to serve in a compassionate, courteous, and professional manner, to promote freedom and peace of mind, pride in our neighborhoods, and the safety of our families. Sgt. Eric Kovatch Officer Jason Viada Reserve Officer Dropp Prepares evidence for lab Deputy Chief Gallagher Warrant & DV Clerk Jodi Simmons Deb Homan Communications Officer Page 1 *************************************************************** * * POLICE * VOLUNTEERS * * * * * * *Our Police Department Volunteers provide many hours * of service.* *During the second quarter of 2004, our police volunteers dedicated * hours in the following categories. * * * * * * * Office work 135.0 Radar/speed watch 67.0 *Vacation home checks 35.5 Bank Run 64.0 * Other details 273.5 * * * * * * * The office time is spent processing pawn slips, and mailing of the pawn * notifications * to other law enforcement agencies. Volunteers also make copies for court, the prose- cutors and assisting in the City Attorney's Office and District Court. They are a wel- come addition to the Port Angeles Police Department. * * * * Total Volunteer hours for 2nd Quarter of 2004 686.0 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *************************************************************** Page 2 Law Enforcement Advisory Board March 23, 2004 Meeting called by: Alan Barnard Members Present: Rod Anderson Leonard Beil Katherine Flowers Joe Girard Maria Pena Dennis Wilcox Chief Tom Riepe Members Absent: Alan Barnard Eric Braun Kathy Steinkamp Vice Chairman & Chairman of the Steering Committee- opened nominations and/or volunteers Dennis Wilcox nominated Rod Anderson, seconded by Leonard -unanimous vote Old Business: WRICOPS Trainings on April 27, 28 & 29 Community Policing - 2 repeated 4 hr sessions or all day Recommendation from Leonard Beil to have good board representation at the training to increase awareness New Business:• Capital Facilities Project o PD01-04- Reasons for request ■ Inadequate space for officers ■ Concerns for confidential briefings or any group work ■ Mix victims, suspects and officers trying to complete paperwork. o Radio Communications CFP expect to use 1/10 of 1% funds to cover this request • New 911 Center o Recommend the Board be aware of current services and location o Requested the Project and Capital improvements committee be created to review the is- sues related to needs and options o Naomi is serving as the lead in pursuing Grant Funds to support this effort i.e. Homeland Security o Leonard Beil provided support for a Councilmanic Bond o Discussed potential weaknesses — pool / closure of a school o Suggestion: bring in portables to serve the need until funding is obtained o Next meeting will seek a board member to chair the committee • Patrol Schedule Training: Page 3 o Training on how to design patrol schedule to increase efficiency and effective- ness o Ed Schilke is scheduled to attend o Demonstrate to City Council how we plan to use resources efficiently. • Report on PAPD SIPT by Joe Girard o In June, plan to put out a community survey re: numerous issues including community policing & scheduling o Seek community input and their perceptions re: services provided. — • Personnel Updates o Searches ■ Oral interviews this Thursday and Friday ■ Computer component to assess writing skills ■ Written exam ■ Requested council members be a part of the interviewing process ■ Plan to take top 6 candidates ■ Recommendation to council- Hire now since it takes a year to get the necessary training. o Currently short staffed: ■ 2 officers currently on light duty ■ 2 officers retired o Rec'd award to hire a new unbudgeted position- one idea is to create a dedi- cated traffic enforcement officer and find a way to tie it into community polic- ing. o Tom recommends a sub -committee address this issue to strategize on how best to pursue the additional funds needed to secure this grant. o Special requirements of PAPD applicants — policy adopted by the dept. ■ Plan to publicize the policy in the following areas: • On website • Applicants • Front counter • Board reviewed the list of disqualifiers and provided input to Chief Riepe o Items from members: ■ General discussion of suicide incident at Crescent ■ Compliment to PAPD ■ Racist Incident ■ Littering ■ Humane Society- $40,000- over budget. Requesting reinstatement of the $40,000- that was cut during the previous year. • Concern: No executive director currently in place. • Commissioners have agreed to look into their request. ■ Drug funds were approved to fund the purchase of 14 tazers so that all officers are issued their own tazer. ■ Request by Leonard to get more info. regarding defibrillator. ■ Adjourned @ 9:10 pm Page 4 Law Enforcement Advisory Board May 25, 2004 Attendees: Len Beil, Rod Anderson, Alan Barnard, Eric Braun, Katherine Flowers, Joe Girard, Kathy Steinkamp, Dennis Wilcox. Absent: Maria Pena Items from members: Katherine and Eric report lots of fast and aggressive driving by students at the high school. A suggestion was made to do an educational/warning blitz and then use unmarked vehicles to cite offenders. Len Beil suggested that Port of Port Angeles employee David Hagiwara be contacted regarding possible PAPD sharing of the recently awarded Port Security Grant. Alan et all suggested a news media emphasis be done regarding the Citizens Survey that will be sent out with the utility bills in June. Alan et all suggested that Naomi and staff get back on the "rubber chicken circuit" in the near future to give the community an update on the benefits of the 1/10`s of 1% sales and use tax. Dennis and Joe reported on the 8 hours of COP training that they participated in along with LEAB mem- ber Maria Pena. Dennis stated that he thought Officer David Dombrowski's idea of doing a downtown skateboard sting with officers on OT was a good idea. Joe suggested that the board members consider paying for an annual special recognition of a selected PAPD employee. Chief Riepe gave updates on the budget, personnel, and annual crime report. On duty shift Sgt. Steve Coyle spoke with the Board and answered questions about crime trends and workloads. Sgt. Coyle discussed the heavy traffic and accidents that his shift had handled earlier in the day. Communications Officer Sam Baughman briefly spoke with the Board and answered questions pertain- ing to technology and capabilities related to locating cell phone calls. Chief Riepe thanked the Board for supporting the COPS hiring grant and Joe for speaking in favor of the grant at the May 18, 2004 City Council meeting. A suggestion was made to more closely track officers' response times to critical incidents. The meeting was concluded at 8:30 P.M. Page 5 PENCOM ACTIVITY 1548 0 1476 2800- 2700- 2600- :00 1367 lip'.. 'A_ 120 DISPATCHES FOR PPPD 2004 ENFORCEMENT ACTIVITY 2004 ARRESTS 100LApr 80 60 40 20 ay Jun TRAFFIC VIOLATIONS For The Quarter 1 1 115 60 48 39 29 34 40 26 20 6 11 7 6 7 4 6 .���rQc c 40 °' �+Q. 5J 5 600 500 400 300 200 100 0 2004 TRAFFIC COLLISIONS loApr ■ May ❑ Jun Page 7 0'F PORTA�yC�` �Cf DEP OffenseA• Homicide 0 •.I for• 0 11Total• 0 11 0 Rape/Sex Offenses 2 8 2 3 RobberyAll 0 2 0 2 Assault -Felony 1 9 2 10 Assault -4th 20 86 24 84 Burglary -Residential 6 29 7 22 Burglary -Other 7 25 3 13 Theft -Shoplifting 12 38 14 7 Theft -from Vehicle 27 80 10 5 Theft -from Bldg 6 45 12 13 Theft -Vehicle 4 20 1 3 Theft -Other 13 74 22 17 Arson -All 0 2 0 0 Total 98 418 97 179 Offense A• 14 Total for• 11 • for 1/ Resisting/Obstructing 3 7 1 7 Stalking/Harassment/ Endangerment 12 26 5 12 UIBC/Fraud/Embezzle/ Property 8 21 9 33 Malicious Mischief- Felon 15 32 3 17 Malicious Mischief -3rd 21 62 14 45 Weapons Violations 3 11 2 6 Crimes Against Child/ Sex Offense 12 21 1 15 Drug Violation 26 54 5 43 Domestic - Verbal 3 20 2 5 DUI 11 27 6 37 Alcohol Violations 11 27 7 36 Violate Protection Order 0 2 0 13 Runaway 1 21 4 26 Miscellaneous/Other 7 35 7 25 Total 133 366 66 320 Page 8 VORTq, DEP L 4�miririoI 1 0 1 0 1 0 Rape/Sex Offenses 0 8 0 3 RobberyAll 1 3 1 3 Assault -Felony 2 11 4 14 Assault -4th 18 104 23 107 Burglary -Residential 3 32 6 28 Burglary -Other 3 28 6 19 Theft -Shoplifting 8 46 7 45 Theft -from Vehicle 19 99 34 73 Theft -from Bldg 9 54 14 59 Theft -Vehicle 1 21 3 14 Theft -Other 24 98 16 81 Arson All 2 4 0 1 Total 90 508 114 1 447 Offense May r4 To'.al for current yr. Same Month/2003 Total for 2003 Resisting/Obstructing 1 8 4 11 Stalking/Harassment/ Endangerment 3 29 3 15 UIBC/Fraud/Embezzle/ Property 5 26 6 39 Malicious Mischief- Felon 8 40 9 26 Malicious Mischief -3rd 7 69 10 55 Weapons Violations 3 14 1 7 Crimes Against Child/ Sex Offense 2 23 3 18 Drug Violation 8 62 9 52 Domestic - Verbal 3 23 3 8 DUI 11 38 2 39 Alcohol Violations 11 38 8 44 Violate Protection Order 0 2 4 17 Runaway 1 22 11 37 Miscellaneous/Other 6 41 7 32 Total 69 435 80 1 400 F age �f E CORTDEP • - Homicide 04 0 Total for- 0 • 01 0 • . for 00 0 Rape/Sex Offenses 5 13 3 6 Robbery -All 0 3 1 4 Assault -Felony 0 11 1 15 Assault -4th 20 124 20 127 Burglary -Residential 4 36 1 29 Burglary -Other 7 35 9 28 Theft -Shoplifting 4 50 7 52 Theft -from Vehicle 18 99 21 94 Theft -from Bldg 14 54 12 71 Theft -Vehicle 0 21 3 17 Theft -Other 24 98 23 105 Arson -All 1 4 0 1 Total 97 548 101 549 Offense Resisting/Obstructing Jun 14 1 Total for• 9 11 4 • for 11 15 Stalking/Harassment/ Endangerment 10 39 3 18 UIBC/Fraud/Embezzle/ Property 4 30 7 46 Malicious Mischief- Felon 7 47 11 37 Malicious Mischief -3rd 8 77 23 78 Weapons Violations 0 14 2 9 Crimes Against Child/ Sex Offense 1 24 0 18 Drug Violation 12 74 10 62 Domestic - Verbal 4 27 6 14 DUI 6 44 4 43 Alcohol Violations 8 46 5 49 Violate Protection Order 1 3 6 23 Runaway 2 24 11 48 Miscellaneous/Other 11 52 11 43 Total 1 75 510 103 503 Page 10 55 3 3 3 v 3 3 3 3 0 z Cn < o Cr 0 O O N p. 7 C 3 N O fD fD CL 'D (D C Q Q N CO) 0 N Month Tickets Revenue Tickets Revenue 2004 2004 2003 2003 Jan 244 $2,365 249 $2,560 Feb 196 $2,292 253 $2,802 Mar 180 $3,126 207 $2,565 Apr 237 $2,612 231 $2,985 May 301 $2,535 256 $2,910 June 466 $4,355 577 $3,345 July Aug Sept Oct Nov Dec Total 1,624 $17,285 1,773 $17,167 Page 11