The URL can be used to link to this page

Home My WebLink AboutAgenda Packet 12/05/2000 -( '1(~i~:;.:' '1 ....-.,.; < :ti' ... . . '. ;.... -'..'.....;' · ~~Q~[At:lGELES,! WAS H I N G TON, U. S. A. ,,,AGENDA J.t' CITY .~OUNC:,IL-',ME~id~_G 321 EAST FIFTH S'(REE];,;. D~,~emb~t ~,2Q.QOT. REGULAR MEET,ING ,-6:00 p~m. CALL TO.ORDER- Regular Meeting (6:00 p.ll.) ROLL CALL - PLEDGE OF ALLEGIANCE - CEREMONIAL MATTERS & PROCLAMA nONS B.WORK SESSION' C. LATE ITEMS TO BE PLACED ON Tins OR FUTURE AGENDAS (By Council, Staffor Ilublic) AND (. .. ..... "':,,".' . . ", PUBLIC C()MMENT FOR ITEMSNg!Ol'l Ac:;El'lIlt\,,(This isthe opp()r.tl11J.tty/o,r.'J'e,t!'lkl!t~iofthe public to,'sgeak to the City Councilabpyt ar;zythtng not ontheagencfa, please. keep comments;'tq~q~iOminutes.) E. CONSENT AGENDA . 1. . City'Couhcil mirlutes - November 21~"2000' regular meeting, and November 28, 2000sp,ecial meeting 2. Police Department Voice Stress Analyzer out- of-state training . :.'., ~. 1,11' 17 Action .....'''''.-...,....- F. CITY COUNCIL COMMITTEE REPORTS G. ORDINANCES NOT REQUIRING PUBLIC HEARINGS Ordinance declaring approval of amended 2000 budgefandiidoption of2001 budget 19 Action H. RESOLUTIONS 1. OTHER CONSIDERATIONS 1. HES Grant Application - 5th Street, Cherry to 25 Race . improvements 'and traffic signal at.. Race Street 2. Waterfront Trail Easement Dedication 27 Action Action . . NOTE: HEARING DEVICES AV AILAB!-~;~QRTHOSENEEDIN9ASSIST ANCE MAYORTODE~ERMINE~;TIME"OF BREAK December 5,2000 .. Port Angeles Cit)'CoUllcilMeeting ;:fage - 1 J. PUBI.JC HEARINGS'~\QlJASI-JUDICIAL (7:00 P.M. or soon1l?-ereafier) K.PUBLIC HEARINGS'- OTHER Municipal Code Amendment MCA'OO-03: City of 39 Port Angeles: Proposed amendments to several land use development regulations of the Port Angeles Municipal Code Action L. INFORMATION 1. City Manager' s Ciie~dar (Page 91) * TEA Grant for sidewalks (Page 93) * Storm Water utility formation (Page 95) * Public Works' Construction projects status (Page 97) . * Property exchange for Airport Road/Lauridsen Blvd. right~of':way."(Page 99) , M. EXECUTIVE SESSION (As needed and determined by City Attorney) , N. ADJOURNMENT ,', pual.Jc HEARING'S;' ,: ,.': ~. _,; _ ,,>' '" .' .-" ':,.,i.:;J - --;:, "'-. ._<<._ ,'1';;>f:: Public hearings are set by the CityCounciUn ord~r to meet legalrequ.irements pertainingtol11atters such~s, land use permit applications,propOsed , aWendm~!'lts' to C~I.and us~ r~ulatlons;zo~!ng'chahges.. annexati~~s,;'ln a~ditio~rtti~q!tYC~~n91Irn~y:s~t ~.~!:!bljc h~On~ti!i~'?1~~i..t?:1'~8~;lY! pUblic,inpur~1 " pnorJo'lTlaki~g decIsIons which Impact t~e cl!~ens.. .Certml11~~l!rs.mi,lybecontroVl!rslaJ...anclthEl~ltyCou(lpll maychool>l! ~to~s~~~,RW?I,I99PI(l10I"lthro~g~;;;Ji, t~ep~blich~nngprocess. , 'u,_ ',e,.: ..~... ' ", ",/:. G:\CNCLPKT\AGENDA \00.1205, WPD J . NOTE: HEARING DEVICES A VAILABLEFOR.TH9SEN'EEDING ASSISTANCE f/ M<\ YOR TODETERMINE1mIME OF 'BREAK ' December 5, 2000 Port Angeles CitY CotincilM~eting 'i'l,~ 'Page - 2 -- I CITY OF PORT ANGELES FORTANGELES WAS H I N G TON, U.S. A. CITY COUNCIL MEETING December 5, 2000 I. CALL TO ORDER - REGULAR MEETING: ~~p 'M. II. ROLL CALL: Members Present: Mayor Doyle Councilman Campbell Councilmember Erickson Councilman Hulett Councilmember McKeown Councilman Wiggins Councilman Williams Staff Present: Manager Quinn Attorney Knutson Clerk Upton B. Collins G. Cutler D. McKeen T. Riepe y. Ziomkowski * \/'" V" * !'" ~present: . ~ Y\J).~ III. PLEDGE OF ALLEGIANCE: Led by: ~J ^l'~ Qm/) ^_ JlJ.{)/.tX- " CITY OF PORT ANGELES · FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEETING Attendance Roster DATE OF MEETING: December S. 2000 , LOCATION: City Council Chambers 905" ?J. /I~ 5T $ (j /1 c 1&1 f/J1ll'D i I City of Port Angeles ~ORTANGELES WAS H I N G TON, U. S. A. Ordinance/Resolution Distribution List City Council Meeting of ~Q/l(J~.k.J 8, ~l'J(;I) lQ)kANT ff) 1:~J ~'1'1 AAAaA' ~~. _.1- n '} A-;l A~ --q _r~ _. "j rJr ~A . City Manager \~ City Atty. (1) 17 J V'/ Planning J/ Ii' City Clerk -9\/ ~/ Deputv Clerk IV' JI/ Personnel J/ Cust. Svcs. Finance 1/ Dir .IMgr. Police Dept. IJ Fire Dept. J./ Light Dept. I Pub. Works (2) ~7 ~V Parks & Rec. I 7 / MRSC (1) 1./ I / PDN (Summary) \~) MIl/\'; \~ J M M 1I Extra Copies .' TOTAL J'-, ~rf . . . CALL TO ORDER- REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: CEREMONIAL MA TTERSI PROCLAMATIONS: Police Department Promotions I Administration of Oaths of Office Introduction of Finance Department Accounting Manager WORK SESSION: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDA: FINANCE: Bid A ward for "I" Street Substation Transformer CITY COUNCIL MEETING Port Angeles, Washington November 21, 2000 Mayor Doyle called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Doyle, Councilmembers Campbell, Erickson, Hulett, McKeown, Wiggins, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B. Collins, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, K. Asquith, T. Gallagher, E. Kovatch, 1. Lowell, L. Dunbar, M. Hall, S. Coyle, and G. Roggenbuck. Public Present: P. Lamoureux, L. Lee, G. Gleason, and B. Momo. The Pledge of Allegiance to the Flag was led by Councilman Campbell. J. Police Department Promotions IAdministration of Oaths of Office Police Chief Riepe informed the Council and audience of the following promotions in the Police-Department: Terry Gallagher, Deputy Police Chief; Erick Zappey, Detective Sergeant; Eric Kovatch, Sergeant; and Jack Lowell, Detective Corporal. Mayor Doyle then administered the oaths of office to all of the above with the exception of Detective Sergeant Zappey. 2. Introduction of Finance Department Accounting Manager Finance Director Ziomkowski introduced Ms. Karen Asquith, recently hired by the City as the new Accounting Manager. Ms. Asquith made a few comments to the Council. expressing her pleasure at joining the City. None. Consideration of a proposed letter to the County regarding the Endangered Species Act 4( d) Recovery Program was added as Agenda Item 1.7. Paul Lamoureux, 602 Whidby, addressed the Council as a follow-up to a suggestion he submitted at the last Council meeting on the matter of a reduced electric rate in order to provide an incentive for residents to decorate their homes for the holidays. In that he did not receive any communication, he was present to inquire as to the status of the suggestion. Mayor Doyle responded that the budget is very tight, and the Council has not taken action on the suggestion. Mr. Lamoureux expressed his disappointment and urged further consideration of the [mancial incentive. Mr. Lamoureux then inquired as to whether the City will derive any revenue from the installation of fiber optics, to which Manager Quinn responded there will be a return on investment over the long term. In addition, there should be indirect benefits because of job growth and business expanSIOn. J. Bid A ward for "I" Street Substation Transformer Mayor Doyle reviewed the information submitted by Public Works & Utilities on the matter of awarding the bid for the "I" Street Substation Transformer. Public Works & Utilities Director Cutler advised the Council that this project has been in the Capital Facilities Plan for a number of years, and it is anticipated that it will be a 1 1/2 - 2 year program. Director Cutler reviewed the bids, which he felt were very competitive. Mayor Doyle questioned the brand name of Virginia Transformer Corporation as - I - 1 CITY COUNCIL MEETING November 21, 2000 FINANCE: (Cont'd) Bid A ward for "I" Street Substation Transformer (Cont'd) Fiber Optic Cable Purchasing Authority CONSENT AGENDA: CITY COUNCIL COMMITTEE REPORTS: 2 opposed to the bidder's name 'of United Sales. He asked if the transformer was actually being purchased from United Sales. Attorney Knutson advised the Council it would be appropriate to add United Sales to a motion of recommendation. After further discussion, Councilman Campbell moved to accept the $344,054.26 bid from United Sales and Virginia Transformer Corporation for the purchase of the power transformer and authorize the Mayor' to sign the contract. The motion was seconded by Council member Erickson and carried unanimously. .. 2. Fiber Optic Cable Purchasing Authority Mayor Doyle reviewed the memorandum submitted by Public Works & Utilities regarding the granting of authority to the City Manager or the Director of Public Works & Utilities, as alternate, to purchase fiber optic cable. Power Resources Manager Dunbar addressed the Council, explaining the difficulties in obtaining fiber optic cable by virtue of the fluctuating market and the limited supply of the cable because of demand. Discussion ensued with regard to an increase in the budgeted amount in 'order to accommodate the purchase of 96 strand fiber optic cable, which is preferred over 48 strand fiber. Manager Dunbar described the benefits of having more strands in the cable, how the costs are incrementally increased, and the anticipated storage of the cable once purchased. Councilman Wiggins moved to authorize the City Manager, with the Public Works & Utilities Director as alternate, the authority to enter into contracts for the purchase of fiber optic cable, for the total cost not to exceed $400,000. The motion was seconded by Councilmember McKeown. Brief discussion ensued as to whether this motion would suffice in the event the City was able to obtain more than 96 strands, to which the response was affirmative. A vote was taken on the motion, which carried unanimously. Manager Quinn referenced a report he had distributed to the Council regarding high- speed data. This article, excerpted from Scientific American, was obtained at a meeting of the National League of Cities, and Manager Quinn felt it would be helpful to the Council because it is one of the best generalized summaries of this technology. Councilmember McKeown moved to accept the Consent Agenda, to include: I.) City Council minutes - November 7, 2000 and 2) Check list - November 14, 2000 - $2,500,165.28. The motion was seconded by Councilmember Erickson. After questions with regard to the check list, a vote was taken on the motion, which carried 6 - 1 with Councilman Williams abstaining due to absence from the City Council meeting of November 7, 2000. Councilmembers Wiggins, Williams, Hulett, and Erickson had no report to offer. Councilmember McKeown reported on a recent meeting of the Downtown Forward Executive Committee, at which time discussions were held on the Oak Street property. Suggestions brought forward from the meeting were the possibility of the City opening discussions with the Port regarding a possible trade of tidelands between the City and the Port. The Committee felt the Oak Street property to be essential to the downtown waterfront. Secondly, it was suggested that a meeting be set with representatives of the Chamber of Commerce, Economic Development Council, Port Angeles Business Association, Port Angeles DoWntown Association, Downtown Forward Executive Committee, the Port of Port Angeles, and the City. The purpose of the meeting would be to discuss the Oak Street property in a setting where all attendees are recipients of the same information. Misinformation has been passed along, and it would be helpful to clear up any misconceptions at this meeting. . Councilmember McKeown indicated that Russ Veenema, Chamber Executive Director, has been invited to attend the DOwntown Forward meetings. He has suggested that Port Angeles is reinventing itself, which is a very significant observation. Further, Councilmember McKeown reported that design standards in the downtown area have fallen under the oversight of the Downtown Association, and Manager Quinn has offered City staff assistance to further the renovation efforts. Consideration is being given to constructing an archway to designate the entrance to the downtown, which could be named and so designated on the archway. Manager Quinn expressed hope that efforts on an archway can proceed rather quickly. Councilman Wiggins advised the Council he had spoken with Manager Quinn on the matter of an RFP for a convention center. Manager Quinn is working with Economic . - 2 - . . . CITY COUNCIL COMMITTEE REPORTS: (Cont'd) ORDINANCES NOT REQUIRING PUBLIC HEARINGS: RESOLUTIONS: Set Street Vacation Hearing Resolution No. 14-00 OTHER CONSIDERATIONS: Appoint City Council Representative to North Olympic Peninsula Visitor & Convention Bureau Board of Directors Appoint City Council Representative to Government & Education Channel 21 Advisory Committee PUBLIC HEARINGS - OTHER: Public Hearing 200 I Budget ,. :: i1~'~r~!.tr,~J~i~~&'~;f:f;'i~i;:/~_,; :;: '~yt:tF:~~{f~fi}~:'~;:' ~:'~!;~;;if~;~:-~::!f~i':~,,*f~;:" CITY COUNCIL MEETING November 21, 2000 Development Director Smith on the RFP, which should be forthcoming in the near future. Councilmari;!2~fupbell, along with Attorney Knutson and Direct~r Cutler, attended a conference of the American Water Resources Association regarding water distribution and water rights. He reported on the nature of the discussions held, noting there is an effort underway to buy back water rights in order to protect and restore fish. Councilman Campbell stressed the importance of the City's water rights being protected. Mayor Doyle reported on his attendance at the Veterans Day Ceremony on the Coast Guard base, as well as the Remembrance Day ceremony in Victoria. None. Resolution Setting a Public Hearingfor Consideration of Vacation of the Remainder of Right-of Way Known as the 8/10 Crossover for the Port Angeles School District Mayor Doyle reviewed the memorandum submitted by the Planning Department on the matter of setting a public hearing for the above referenced street vacation petition. Mayor Doyle read the Resolution by title, entitled RESOLUTION NO. 14-00 A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a hearing date for a petition to vacate a portion of the undeveloped street commonly identified as the 8th/lOth Crossover Drive in Lots 13 - 20, Block 306 of the Townsite of Port Angeles, Washington. Councilmember McKeown moved to pass the Resolution as read by title. The motion was seconded by Councilman Hulett and carried unanimously. Other Considerations vI- 1. Appointment of City Council Representative to North Olympic Peninsula Visitor & Convention Bureau Board of Directors Mayor Doyle summarized the memorandum submitted by the City Clerk, noting that the Visitor & Convention Bureau wanted a City Council representative appointed' to the VCB Board prior to the December 1 annual meeting. Councilman Campbell moved that Councilman Hulett be appointed as the City Council's representative to the North Olympic Peninsula Visitor & Convention Bureau Board of Directors for 2001. The motion was seconded by Councilmember Erickson and carried unanimously. 2. Appointment of City Council Representative to Government & Education Channel 21 Advisory Committee Mayor Doyle reviewed the information submitted by the City Clerk, suggesting that the City Council appoint a representative to the Government & Education Channel 21 Advisory Committee. In responding to an inquiry from Mayor Doyle, Clerk Upton indicated the committee meets on an as-needed basis. It is anticipated there will be some committee meetings next year by virtue of the upcoming franchise negotiations as relates to Channel 21. Based on Councilmember Erickson's offer to serve, Councilman Campbell moved to appoint Councilmember Erickson as the City Council representative to the Government & education Channel 21 Advisory Committee. The motion was seconded by Councilman Williams and carried unanimously. Public Hearings - Other: Public Hearing on 2001 Budget: Mayor Doyle introduced the memo from Manager Quinn and Finance Director Ziornkowski pertaining to the 2001 Budget Hearing, and Manager Quinn explained that in accordance with the RCWs the Council was required to review the proposed budget with the public. Manager Quinn reminded the Council - 3 - 3 CITY COUNCIL MEETING November 21, 2000 I PUBLIC HEARINGS - OTHER: (Cont'd) Public Hearing 2001 Budget (Cont'd) 4 that it had previously conducted a public hearing on the proposed revenue sources for .. the budget; the hearing this evening was intended to focus on the expense portion of the budget. Manager Qu$ proceeded to review the expenditures, explaining the different funds, and noting that the projected budget for 2001 was a little over $60,032,900. He. . indicated that one of the major changes in the budget was the increase in the fiber optic project in order to accommodate the increased costs for moving ahead with the project . . and ordering the cable. With the use of Power Point, Manager Quinn reviewed the budget, explaining that the City has encountered many changes in economic factors, to include 1-722, capital improvements, and a strong philosophy of trying to provide high quality services .while meeting all of the Council goals and objectives. Manager Quinn stated the Council is committed to future projects, as well as solutions to help the community succeed. One of these projects is annexation of the Eastern UGA area of Port Angeles in an attempt to expand the tax base. Other projects slated for improvement of the community are purchasing fiber optics; internally enhancing improvements with information technology to make services available to the community online; making plans for a convention and business center; and trying to improve communication among the City, the citizens, and other agencies; and finally, promoting governmental agency partnerships. Manager Quinn pointed out that the strategy is to continue to control expenses and move toward a program with performance measures to help identify which programs should be kept based on success and which should not. Manager Quinn summarized the budget highlights, totaling $60,032,900, inclusive of the operating budget of $52,000,000+ and a capital budget of approximately $7,500,000. The slight increase in the preliminary budget can be accounted for by virtue of fiber optics. Manager Quinn continued by reviewing the differences as compared to the 2000 budget, as well as the different expense funds. He itemized the changes to the 2001 Budget, to include an increase in personnel costs, a cost of living adjustment, an increase in A WC medical rates, and an increase in the Teamsters medical rate. He further reviewed other increases and changes, as well as the projects contained in the Capital Improvement Program, such as the 8th Street reconstruction, Laurel Street slide repair, Francis Street improvements, the Convention Center RFP, Gateway parking, marketing of the DelGuzzi property, the Carnegie Library, Crown Park storm overflow, and pool enhancements. General Fund reserves are budgeted at $1,765,522. Manager Quinn reviewed in detail the Special Revenue Funds, specifically delineating certain aspects of upcoming programs. He noted the Lodging Tax Fund will designate a reserve of$100,000 toward a Convention Center. There was a slight decrease in street paving, and the Street Fund will receive additional support from the General Fund. as well as the Real Estate Excise Tax. Manager Quinn indicated the concept of a stormwater utility will need to be addressed in the near future. Manager Quinn further discussed the utilization of the Real Estate Excise Tax and then reviewed in detail the Pen Com and Economic Development Funds. Debt Service Funds include bonds for the Senior Center, the 1992 Refunding Bond, the Fire Station, and the Library. In reviewing the funding for utilities, Manager Quinn indicated 60% of the total City budget is comprised of the utilities. Utility rates are set at a level to recover operating costs and fund capital and cash and debt reserves. The combined rate of $141. 7 5 per month is 83% of the average of comparable-sized cities. Manager Quinn concluded the general expense portion and inquired of the Council if there were any questions. Following a question raised by Councilmember McKeown, discussion was generated on the impact of having a light utility as compared to cities that do not have a light utility. Manager Quinn offered clarification on the function of Internal Service Funds and the overall impact on the budget. Discussion also focused on the potential development of Ediz Hook, and Manager Quinn reassured the Council that any development would most certainly involve the Coast Guard, Daishowa, the Lower Elwha Tribe, and the public. He felt the best plan is one that is formulated by the community . . Councilmember Erickson sought clarification regarding the funding of pool renovations, and Manager Quinn summarized a transfer of funding from the CIP. as well as funds not utilized from the Senior Center Bond. The combination of the funding then becomes a potential option for the Council to join those funding sources together for $500,000 to go toward a new project. A question was then raised on Human Services funding, and Councilmember McKeown reviewed a change in the United Way fiscal year which impacts the timing of funding requests. The proposed funding for Human Services will be forthcoming. Discussion ensued concerning funding for Hurricane Ridge, and it was clarified that the Winter Sports Club is the recipient of . - 4 - ,-- . PUBLIC HEARINGS - OTHER: (Cont'd) Public Hearing 2001 Budget (Cont'd) . . CITY COUNCll.., MEETING November 21,2000 funding from two sourCes in order to defray marketing expenses, as well as expenses for bus transportation. Manager Quinn offered to make this correction in the budget. l;~i~~~X'it:)~::d;~,><.'~~':,,', , , 'j"t-:;-:)"~': ;j!ii~-":> Councilma-ri' HUlett asked for inf6iirilition on the matter of the Ennis Creek Business Park, which Manager Quinn responded was marketing of the DelGuzzi property. Funding has been set aside to market the property, plus other funding has been designated for establishing a business plan in order to determine the viability of the property for marketing purposes. Lengthy discussion followed, especially as relates to the marketing services offered by a realtor. It was unclear as to how a marketing plan might somehow duplicate the services of a realtor. Manager Quinn offered clarification to Mayor Doyle in that this matter must still be addressed by the Real Estate Committee. Mayor Doyle then opened the public hearing at 7:40 p.m. Gary Gleason, a member of the Non-Motorized Advisory Committee, 2211 E. 7th Avenue, introduced three other members of the committee in attendance:. Kathe Smith, Linda Nutter, and Bruce Momo. He raised the question as to where in the budget could he fmd specific items relative to non-motorized issues, such as the trail and fmishing the trail east from the Rayonier property. Manager Quinn responded the City has been trying to secure the property in question, which has been included in the grant portion of the budget. Mr. Gleason asked as to the expected time frame, as he indicated the County has been working closely with Rayonier on this matter. He urged the Council to work closely with the County to assure a timely completion of the trail, and he expressed the desire to have this project completed by the Grand Opening of Fall 2001. Mr. Gleason shared his vision as to how a completed trail will result in economic benefits to the community. He stressed the importance of improving web sites to include information about the available trails on the Peninsula. Linda Nutter, 1701 East Third, advised the Council she was liaison from the Planning Commission, on which she has served for five years. She explained that the Non- Motorized Committee addresses bicycles more than anything else, but the committee also considers pedestrians, wheelchairs, those who ride the bus system, or any mode of transportation not involving a car. She. asked for direction on how the Planning Commission could help improve the City for bicycles and walkers and, further, she asked for Council support in helping the older community that walks and rides bikes. Ms. Nutter expressed concern for the community members who ride their bikes downtown an4 then have no place to secure the bikes. In order to. attract more customers downtown who. use their bike as a form of transportation, there needs to be a secure place for bikes. In addition, Ms. Nutter suggested a storage area for tourist package storage. She suggested the Parks & Recreation Department might have some type of bike parking area for children's bikes, and all such parking areas should be noted on visitor maps. Additionally, Ms. Nutter felt maps should establish routes for bikers. She urged Council support of ideas to help this segment of the population. The availability of comfortable seating in the downtown area would be beneficial as well. Ms. Nutter concluded by stating there are many areas in which the Non-Motorized Advisory Committee would like the Council's help, as it is very important to make the City more livable and friendly for the non-motorized community. Manager Quinn commented that the Non-Motorized Committee has been very successful, and he acknowledged. that it is somewhat difficult to identify the components of the budget that directly relate to the referenced improvements. Manager Quinn indicated funds have been set aside for bike racks in the Francis Street design as requested. Re-striping has been a focus of the City and, as. part of the downtown watermain project, all intersections will now have wheelchair ramps. Sidewalk projects have been continued as well. In addition, Manager Quinn advised the Council that a committee has been working with the sight disadvantaged individuals in the community in an effort to better facilitate movement of those community members. He felt there has been a great deal of progress made in many areas, and he encouraged the group to continue the progress it has made. Director Cutler indicated the City scored very high in a grant application, and it is hoped funding will be received next year for sidewalks. Some of the funds would be used for bike lanes on Front Street. Councilman Wiggins spoke in support of placing bike racks in the downtown area, and Manager Quinn agreed this was a reasonable request. He felt the racks could be incorporated into the designs for the Gateway Project. Mayor Doyle suggested the possibility of placing bike racks in the downtown parking lots. Councilman Williams attended a recent meeting of the Peninsula Regional Transportation Planning Organization, at which time a number of - 5 - 5 CITY COUNCIL MEETING November 21, 2000 PUBLIC HEARINGS - OTHER: (Cont'd) Public Hearing 2001 Budget (Cont'd) 6 enhancement. grant applications were considered. Placing first was a request for funding to pave the Olympic Discovery Trail from Morse Creek to the Rayonier site. Councilman Williams explained a request had been submitted by Jefferson County for a bike map and, because additional funds were available, that request was granted more than originally requested. He encouraged the Non-motorized Committee to. become more involved with the PRTPO, through someone who has access. Ms. Nutter agreed this type of grant funding should be sought, and she requested support in the area of grant writing. Bruce Monro, 1505 Sequim Dungeness Way, advised the Council that he was the Chair of the Non-Motorized Cornrnittee. Mr. Monro reviewed the history of the committee and expressed the hope that grants could be received in order to accomplish desired projects. He advised the Council that the committee has been working on bicycle access, as well as handicapped and wheelchair access throughout the City. Crosswalks have been placed at needed locations, such as Lauridsen Boulevard and on lOth Street by Hamilton School. Mr. Monro indicated sidewalks should be placed in areas serving the retirement community. ,Mr. Monro referenced the grant funding that will be forthcoming for striping on First and Front Streets, indicating this will be most beneficial to the members of the community. Mr.. Monro noted the 15th annual Northwest Tandem Rally 2000, that was held in Port Angeles, bringing in over 700 people to the community for the 4th of July weekend. These individuals spent close to $100,000, which Mr. Monro felt was a good example of fostering economic improvements. He informed the Council that a German film crew will be doing filming in Port Angeles next year as a pre-cursor to a group of Bavarian cyclists coming to the community in September of next year. Mr. Monro indicated that bicycling is a major means of transportation for people all over the world, and the committee has been working very hard to improve the standards in Port Angeles. Reminding the Council that the City passed the Bicycle Friendly Cities Act, he noted it is of paramount importance for the City to continue to make improvements for this segment of the community. He indicated the Tandem Bicycle group is willing to donate funding to support projects in this arena. . Kathe Smith, 607 East Fourth Street, stressed the importance of how citizen groups working together with governrnent and staff can benefit everyone concerned. The Peninsula Trails Coalition has been working successfully with County staff involved in seeking enhancement grants for the last three years, and Ms. Smith urged the City to work in concert with the same group in order to accomplish the completion of the trail through the Rayonier property. She emphasized the importance of moving forward with Rayonier in getting a specific area designated for the trail. This next summer, the County will have the trail paved to the gate ofRayonier, and it should be a goal for the City to have completed the Rayonier portion by that time. Manager Quinn responded the new Parks and Recreation Director will be addressing this matter, but he cautioned that the Rayonier property is still in the clean-up process. There have been discussions on the possibility of a floating easement in order to gain temporary access, and this is a matter that will be pursued this coming year. Ms. Smith reiterated her suggestion that the City work with the Peninsula Coalition in this regard, particularly since the Olympic Peninsula Trails Coalition is in a position to seek grant funds. She reviewed for the Council past funding secured for purposes of the trail. Paul Lamoureux, 602 East Whidby, requested clarification of the acronyms REET and PenCom, which Mayor Doyle indicated were Real Estate Excise Tax and Peninsula Communications System. Mr. Lamoureux inquired as to expenses and revenues of PenCom, to which Mayor Doyle responded, explaining that the City operates PenCom, but the County provides funds for the City to operate the center. Manager Quinn further explained the operation of Pen Com, which also receives funding from other emergency service operations for payment of services received. Mr. Lamoureux then inquired as to whether future eastern annexation had any relationship with a future by-pass around or through Port Angeles. He encouraged the Council to revisit past proposals in this regard, as he felt it would be very important for the delivery of services. Director Collins responded there had been a working plan between the City and the State on developing the Heart of the Hills Parkway, which would extend to an area east of White's Creek. It was expected that this project would be planned and developed similar to the Sequim by-pass. However, due to 1-695, the project has been deterred, and planning will likely not proceed for the next five years. Director Collins further indicated that annexation of the Eastern UGA would only enhance the City's participation in working towards the Heart of the Hills Parkway development. He concluded that there was no direct connection between the two projects, yet this is something that could be factored in as the State looks at an alternate approach to . . - 6 - ,. PUBLIC HEARINGS - OTHER: (Cont'd) . Public Hearing 2001 Budget (Cont'd) Break . OTHER CONSIDERA nONS: (Cont'd) PUD Water Sales Contract Amendment . CITY COUNCIL MEETING November 21, 2000 Highway 101. Director ollins further clarified the area involved in _ the possible annexation. Discussion:a~;iilieri generated onWhet1lerthe public hearing should be kept open until the time the budget is adopted. Attorney Knutson offered clarification in that it is not legally required; however, the Council could opt to continue the hearing. Mayor Doyle referenced the special meeting that has been discussed for the purpose of acting on the affects ofI-722. Attorney Knutson indicated that, even if the public hearing is closed this evening, the Council could accept public input at the special meeting. In view of this fact, Mayor Doyle closed the public hearing at 8: 17 p.m. Manager Quinn indicated the Budget Committee should set another meeting to consider this evening's input. The committee agreed to meet on Monday, November 27,2000, at 2:00 p.m. Mayor Doyle recessed the meeting for a break at 8:25 p.m. The meeting reconvened at 8:35 p.m. - Attention then turned to the matter of Initiative 722, and Manager Quinn advised the Cotmcil that the Initiative would go into effect as of December 7. He reviewed in detail the potential fmancial impacts on the City, totaling approximately $660,000, which would involve property taxes, water and wastewater rates, Medic I fees, the Real Estate Excise Tax, as well as fees for services delivered by City departments. Manager Quinn indicated the City would be forced to refund tax and fee increases. It is for this reason that a special meeting has been suggested for November 28th to consider re-adopting the taxes and fees approved on November 17, 1999. Manager Quinn noted that other cities in the State are taking similar action. Lengthy discussion ensued on the impacts of 1-722, to include the possibility that any type of refund might be considered a gift of public funds. In addition, it was noted that 1-695 was found to be unconstitutional. Attorney Knutson supported the suggestion that the City wait to see what happens in court as relates to the refunding of taxes and fees. Noting that the voters have passed this type of initiative twice, Councilman Williams queried as to when the City listens to the voice of the people and quits "running up the charge card". He wondered if the City should obtain a vote of the people before proceeding with any further increases. Mayor Doyle pointed out that the City Council still has the responsibility of operating the City in an efficient and prudent manner. However, Couhcilman Williams cited the example of the vote for the Transit system, whereby future problems can be avoided because of the vote. Further lengthy discussion was held on the issue, to include consideration of the 1-722 impacts and requirements. Manager Quinn emphasized that the City's increases were well justified, and the property tax increase was well within the parameters set. Mayor Doyle directed attention to the suggested date of November 28, 6:00 p.m., to conduct a special meeting to consider adopting formal measures which address the impacts ofI-722 to the City's budget andfmancial condition. Mayor Doyle stated that at this meeting public comment would be encouraged. It was agreed by consensus that the special meeting should proceed, with the public urged to provide input. A meeting of the Real Estate Committee had already been set for the same day at 4:00 p.m. Because the special Council meeting commences at 6:00 p.m., it was agreed to change the Real Estate Committee meeting to 5:00 p.m. 3. PUD Water Sales Contract Amendment Mayor Doyle reviewed the information provided by Public Works & Utilities recommending an 8% increase to the Wholesale Water Contract with the Clallam County Public Utility District. Director Cutler advised the Council that this is Amendment No.5, which is something that is done on an annual basis. One of the changes included in the amendment is to give the Public Works & Utilities Director the ability to change the flow requirements in case of an emergency situation without having to seek approval. Another change has to do with making adjustments if there is a meter malfunction. Councilman Hulett asked how 1-722 might impact this increase. Director Cutler responded that the City could institute the increase by virtue of the fact the contract is being entered into with the PUD; it is unclear as to how the PUD might handle the increase with its customers. After further discussion, Councilman Campbell moved to approve Amendment No.5 to the Wholesale Water Contract with Clallam - 7 - 7 CITY COUNCIL MEETING November 21, 2000 PUD Water Sales Contract Amendment (Cont'd) Bid Rejection for Overhead Electric Rebuild Projects Pole Rental Agreement Termination Greg Darling Easement Termination Endangered Species Act 4( d) Recovery Program PUBLIC HEARINGS - QUASI-JUDICIAL INFORMATION: 8 . CountyPUD No. 1 and authorize the Mayor to sign the.. amendment. Councilmember Erickson seconded the motion, which carried unanimously. 4. Bid Rejection for Overhead Electric Rebuild.Projects Mayor Doyle reviewed the memorandum submitted by Public Works & Utilities inclusive of the recommendation to reject the bids for projects 20-07, 20-08 & 20-09 and increase the contract amount by $14,400 for project CL 01-00. Director Cutler felt that rejecting these bids was in the best interest of the City. He explained that the cost had risen for each of the projects due to varying factors; the contractors and consultants suggested a bundling of the projects which should result in a better bid to the City. Councilman Wiggins moved to reject the bids for Projects 20-07, 20-08, and 20-09 .receivedonOctober'6, 2000; to authorize the City Manager to-sign a change order in the amount of $14,400 to increase the contract with TriAxis Engineering to a new amount of $72~2000 to design Project CL 01-00 and direct the Public Works & Utilities Director to bid the four projects together. Councilman Hulett seconded the motion, which carried unanimously. . 5. Pole Rental Agreement Termination Mayor Doyle summarized the proposed termination of pole rental agreements, which is being recommended in order to comply with the 1996 Telecommunications Act. Power Resources Manager Dunbar addressed the Council, explaining that the City has. five pole rental agreements at this time. He recommended that the City terminate the agreements so that a pole attachment ordinance can be adopted and the City can then have a unilateral means of managing the City's pole assets. Manager Dunbar felt it to be important that the poles be rnadeavailable to other providers in a non-discriminatory way, with everyone being charged the same rates. This is an opportunity for the City to better manage its facilities. Councilmember McKeown moved to authorize the Mayor to issue the Pole Rental Agreement termination notices as specified. Council member Lauren seconded the motion, which carried unanimously. 6. Greg Darling Easement Termination Mayor Doyle reviewed the recommendation to terminate the utility right-of-way easement. Director Cutler explained the history of the easement and the fact that it is no longer needed. The owner is in. the process of selling the lot and would like to clear the title. Councilmember Erickson moved to authorize the Mayor to execute the termination of easements for Lot 17, Block 191. Councilman Williams seconded the motion, which carried unanimously. . 7. Endangered Species Act 4(d} Recovery Program Planning Director Collins advised the Council that the Council's assigned committee had met as a follow-up to the presentation made to the Council on the County's Endangered Species Act 4( d) Recovery Program. A proposed letter to the County had been distributed, which supportS a coordinated effort and also lists plans and regulations that the City has in place, or put into place for the salmon that are endangered or threatened. This letter informs the County of the areas in which the City is working and shows compliance with Section 4 of the Endangered Species Act. In responding to an inquiry from Mayor Doyle, Director Collins clarified that the State recently drafted its guidelines and regulations that allow for the City to choose Path A or Path B. The City is required by 2002 to follow one of those two paths; this letter does not commit the City to either path but does commit the City to meeting the legislative intent of revising the plan by 2002. Councilman Campbell moved to authorize the sending of this letter to the County indicating the City would like to participate with the County in the development of the Endangered Species Act 4( d) Recovery Program. Councilman Wiggins seconded the motion, which carried unanimously. None. City Managers Report: Manager Quinn reported he had added a calendar which included the new Special City Council meeting. In addition, he inserted some project updates in the packet for the Council's review; these updates will be provided on a monthly basis. Mayor Doyle referenced the Christmas Party scheduled for December 15, and Manager Quinn indicated the OPS Award will be presented at a luncheon on December 21st, . - 8 - . . . INFORMATION: (Cont'd) ADJOURN TO EXECUTIVE SESSION: ADJOURNMENT: ~. ..t~;;~~~~'~:~~f~~~~~~i:~~;~),~~t~f,;:~1::t~~~1f'~~~"" CITY COUNCll.., MEFIlNG November 21,2000 Brief discussion was held pertinent to the Planning Commission minutes as relates to the possible co-location of telecommunications towers in the City. .\ ....." ...._ '0: '1';~"'~!';,~f:,,</ . ."t-oF' . ' ~;: _:;.,i ,_ ,:..\ .~ i ii,~ Manager QUiillftlien recognizeo CoiliiCilmember McKeown for her recent appointment as County Auditor. Manager Quinn stated that becausecofthat commitment there was a question if she could hold an elected office at the City as well. After legal research, it was determined there is nothing that rules out the possibility of her serving on the Council for the remainder of her term. None. The meeting was adjourned at 9:42 p.m. Becky 1. Upton, City Clerk - 9- Larry Doyle, Mayor 9 . . . 10 . . . ! , L CALL TO ORDER- SPECIAL MEETING: ROLL CALL: Initiative 722 - Consideration of Ordinances Re-Adopting Taxes/Fees CITY COUNCIL SPECIAL MEETING P.ort Angeles, Washington . November 28,2000 Mayor Doyle called the special meeting of the Port Angeles City Council to order at 6:02 p.m. Members Present: Mayor Doyle,Councilmembers Campbell, Erickson, Hulett, McKeown, Wiggins, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B. Collins, G. Cutler, T. Riepe, and Y. Ziomkowski. Public Present: Noone signed the roster. Initiative 722 - Consideration of Ordinances Re-Adopting Taxes/Fees Mayor Doyle informed those present that this meeting was held for the purpose of considering the impacts of 1-722 recently passed by the voters. In that there were no members of the public present, he inquired as to what notifications were provided for this meeting. Clerk Upton responded that she prepared the Special Meeting notice on this past Wednesday and sent it to all members of the media the same day. The notice included a statement that public input was invited before the Council took action. Having not seen anything in the news regarding this meeting, Mayor Doyle contacted the press to inform them the Council was hoping for coverage of this meeting and that comments would be accepted. . Mayor Doyle stated that there are six ordinances that would re-adopt the rate and fee increases. Mayor Doyle reviewed the summary included in the Council packet . regarding the re-adoption of certain taxes, charges and fees adopted between July 2, 1999 and December 31, 1999. The taxes, charges, and fees adopted during this time by the City were appropriately justified for budget purposes on November 17, 1999, and are just as valid today. Rather than incur additional expense to the public, the staff is of the opinion there is no prohibition to the City Council re-adopting the ordinances to be in effect retroactive to their original effective dates. Manager Quinn pointed out that Attorney Knutson had distributed revised Ordinances. Attorney Knutson indicated the papers handed out were the first page of each of the six Ordinances; the rest of the Ordinances consist of an attachment, which is a copy of each of the Ordinances adopted in November of 1999. He reworded the Ordinances to reiterate they were to be retroactive; the additional wording in the Effective Date section should make the intent of the Ordinances very clear. Manager Quinn added, for the record, that the listed six Ordinances are the ones that are impacting rates and fee's from 1-722. In addition, he advised the Council that the packet contained excerpts from the prior Council meeting, setting forth the justification and rationale for approving those particular fees in 1999. He pointed this out in order to show the public that it is the staffs responsibility to follow the Council's and, ultimately, the State's legislative - I - 11 CITY COUNCIL SPECIAL MEETING November 28, 2000 Initiative 722 - Consideration of Ordinances Re-Adopting Taxes/Fees (Cont'd) intent. The City has not instituted additional' fees or increases in the coming ,budget year; with the exception of the 3-year program of water and wastewater charges. If the City were not to institute these rates retroactively, then staff would have to come back , '.' , and.recommend even higher amounts that would have to be paid by the public. In order to avoid the higher amounts, staff has recommended the retroactive increases. Councilman Williams noted that the 1-695 vote indicated the voters didn't want to see any increases unless voted upon, and the 1-722 vote indicated there weren't to be any 11th hour increases. He felt the movement underway was to roll back any increases not approved by a public vote. Councilman Williams felt the fee increases were justified and reasonable; however, he questioned how long the City would conflict with the voting public. Had these fee increases been subject to a vote, then these discussions would not be necessary. Citing the cost of an election, Councilman Williams felt that there was enough expertise to justify to the public the fee structures that are necessary. Councilman Williams moved to direct staff to take the appropriate steps to investigate an election at a time deemed most appropriate and move toward getting a fee and tax increase adopted by a vote. The motion died for lack of second. Councilman Wiggins inquired as to the timing of the proposed ordinances, and Manager Quinn responded that the effective date ofI-722 is December 7, 2000. He added that the best legal advice was that if the City did nothing to retroactively approve the increases, then after December 7, 2000, the City should enact measures to stop collecting the fees, charges, taxes, and rates that were approved previously. Manager Quinn stated that if the City were to follow the election process, there would have to be a recommendation to further increase the fees in order to cover the lost revenue as of December 7th. Manager Quinn shared information received from the Association of Washington Cities whereby several cities have already adopted the retroactive rate process. Councilman Campbell sought clarification regarding Section I ofI-722 dealing with the 1999 tax level affecting the 2000 property taxes. Director Ziomkowski explained that this provision establishes that jurisdictions cannot increase a value of assessed property of more than 2% a year, or the IPD, whichever is less. Councilman Campbell asked if the City's levy for 1999 plus the levy for 2000 exceeded the 2% or inflation rate. Director Ziomkowski indicated the levy was increased by 1.4% in 2000, and the levy for 2001 was increased by 2% for a total of 3.4%. . Councilmember McKeown agreed with Councilman Williams in that, under normal circumstances, the City should start evaluating all fees, as there are certain areas that should go before the voters. However, she noted that of 10,549 voters in the City of Port Angeles, 2677 voted for 1-722 and 1984 voted against 1-722. In addition, seeing no one from the public this evening, she felt the citizens have trusted the Councilmembers to use good judgment in the decision making process. For the future, Councilmember McKeown supported the City taking significant budget items to the public for a vote. She felt that, at this time, her favorable vote for these Ordinances is justified. Councilmember Erickson agreed with both Councilmembers McKeown and Williams, noting that the fees and taxes were well justified at the time they were originally passed. She felt the action proposed this evening to be justified and suggested the City can go to a public vote in the future. Councilman Hulett queried as to what constitutes a public vote, and Finance Director Ziomkowski explained that 1-722 didn't address public vote. She added that the utilities weren't included in 1-695, but they were included in 1-722. Attorney Knutson stated that the ftrst section of 1-722, as Councilman Williams pointed out at the last meeting, . 12 - 2 - . . . Initiative 722 - Consideration of Ordinances Re-Adopting Taxes/Fees (Cont'd) Re-adopting Ordinance No. 3029 Ordinance No. 3064 Re-adopting Ordinance No. 3030 Ordinance No. 3065 Re-adopting Ordinance No. 3033 Ordinance No. 3066 CITY COUNCIL SPECIAL MEETING November 28, 2000 does exempt the tax increases, but it didn't elaborate on what is meant by a vote of the people. A~~rI1ex~utson noted~~f.Souncilman Williams was correct that if the City had adopt~'d'ilienrdinances being 'teiadopted tonight, back in 1999 by a vote of the people, then the Council would not have to re-adopt them tonight. Under the terms of 1-722, the increases would have been exempt from the repeal and refunding in the first section ofI-722. It was pointed out that 1-695 had beelldec1ared unconstitutional. Mayor Doyle commented that the reasons for passing the increases in November of 1999 were all valid. It has been said that the original proponent of these initiatives is again formulating more initiatives for consideration. In spite of these efforts, Mayor Doyle felt the City Council was elected to operate the City in an efficient and effective manner and to make decisions such as these. He, too, cited the few votes cast in support of 1-722 in this area, and he felt the Council must proceed with a decision. Mayor Doyle read the Ordinance by title, entitled ORDINANCE NO. -2QR- AN ORDINANCE of the City of Port Angeles, Washington, re-adopting Ordinance No. 3029, which provides for revising water rates and which amends Ordinance 2181, as amended, and Chapter 13.44 of the Port Angeles Municipal Code. Councilmember Erickson moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Campbell and carried unanimously. Mayor Doyle read the Ordinance by title, entitled ORDINANCE NO. 3065 AN ORDINANCE of the City of Port Angeles, Washington, re-adopting Ordinance No. 3030, which provides for revising rates for wastewater service and which amends Chapter VI of Ordinance 2394, as amended, and Chapter 13.65 of the Port Angeles Municipal Code. Councilman Wiggins moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Erickson and carried unanimously. Mayor Doyle read the Ordinance by title, entitled ORDINANCE NO. 3066 AN ORDINANCE of the City of Port Angeles, Washington, re-adopting Ordinance No. 3033, which provides for adoption of the second one-quarter of one percent excise tax on the sale of real estate as authorized by RCW 82.46.035 and which amends Ordinance 2598 and Chapter 3.62 of the Port Angeles Municipal Code. Councilmember McKeown moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Hulett and carried unanimously. - 3 - 13 CITY COUNCIL SPECIAL MEETING November 28,2000 Re-adopting Ordinance No. 3034 Ordinance No. 3067 Mayor Doyle read the Ordinance by title, entitled ORDINANCE NO. 3067 . AN ORDINANCE of the City of Port Angeles, Washington, re-adopting Ordinance No. 3034, which provides for an increase in fees charged for services rendered by the Finance Department, Parks and Recreation Department, Planning Department, Fire Department, Public.Works and Utilities Department, and Police Departmentand which amends. Ordinances, 2789 and 2932, as amended, and Chapter 3.70 of the . Port Angeles Municipal Code. Councilman Hulett moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Campbell and carried unanimously. Re-adopting Ordinance No. 3035 Ordinance No. 3068 Mayor Doyle read the Ordinance by title, entitled ORDINANCE NO. 3068 AN ORDINANCE of the City of Port Angeles, Washington, re-adopting Ordinance No. 3035, which provides for an increase in the system development charge for recovering capital costs of Water and sewer facilities and which amends Ordinance 2746, as amended, and Chapter 13.69 of the Port Angeles Municipal Code. Councilmember Erickson moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember McKeown and carried unanimously. . Re-adopting Ordinance No. 3036 Ordinance No. 3069 Mayor Doyle read the Ordinance by title, entitled ORDINANCE NO. 3069 AN ORDINANCE of the City of Port Angeles, Washington, re-adopting" Ordinance No. 3036, which provides for an increase in the monthly Medic I charge from $3 to $3.50 and which amends Ordinance 2274, as amended, and Chapter 8.36 of the Port Angeles Municipal Code. Councilmember McKeown moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Campbell and carried unanimously. Appointment of Parks & Recreation Director Appointment of Parks & Recreation Director: Manager Quinn announced to the Council that he had appointed Mr. Marc Connelly as the new Director of Parks & Recreation. Mr. Connelly comes from the City of Kirkland, and Manager Quinn was certain he would fit well in the City's management team. He has good experience, is a good communicator, and he will make a fme director for the City. Discussion on Action of Re-adopting Ordinances Discussion on Action of Re-adopting Ordinances: Councilman Williams suggested that Council and staff consider a ratifying action as a pre-emptive vote against future initiatives in order to keep tonight's action in place. Councilmember McKeown agreed this would be a worthwhile consideration, and she suggested this would be a discussion appropriate for a future work session or meeting of the Council. . In the ensuing discussion, clarification was offered by Manager Quinn as to the possible 14 -4- ~---- . . . Discussion on Action of Re-adopting Ordinances (Cont'd) ADJOURNMENT: CITY COUNCIL SPECIAL MEETING November 28, 2000 ramifications of taking this evening's issues to a vote of the people. He noted that the public might well cast a vote 'Yithout fully knowing the impacts, for instance, on the ability ofili~;'CiiY'sutilities to meet bond covenants and State regulations. The situation could become extremely precarious. Further, Manager Quinn advised the Council he was not opposed to taking fees and taxes to a vote of the people, as he was certain all needed increases could be fully justified. He agreed this topic would generate a worthwhile discussion at a future Council meeting. . .. On another matter, Mayor Doyle referenced a Council meeting scheduled for Thursday, November 30, in joint session with the Clallam County Commissioners and the Port of Port Angeles Commissioners. Manager Quinn indicated the meeting has been set for 4:00 p.m. at the County, and the issues to be discussed are: annexation, stormwater management, the ESA 4(d) Recovery Program, and other environmental issues. Other items may be added to the agenda. Mayor Doyle acknowledged the presence of Clallam County Commissioner Doherty, who made a few comments to the Council. The meeting was adjourned at 6:55 p.m. Becky J. Upton, City Clerk Larry Doyle, Mayor - 5 - 15 . . 1_16 I . , ' ~ . .' . . . DATE: To: FRoM: By: SUBJECT: FORT ANGELES WASHINGTON CITY COUNCIL MEMO U. S. A. December 05,2000 MAYOR DOYLE AND CITY COUNCIL Chief OfPolice{~ Riepe Deputy Chief Terry Gallagh~ Voice Stress Analyzer Out-of-State Training Issue: Shall the City Council approve sending police detective Jesse Winfield to Reno, Nevada for comprehensive training in the use of the police department's Voice Stress Analyzer. The training is tentatively scheduled for the month of January, 2001. Cost of the training to include round trip airfare, lodging, and per-diem is $2140.25. . Recommendation: The police department recommends that the training and associated travel ex enses be a roved. Back2:round / Analysis: Currently the police department has a computerized Voice Stress Analyzer (VSA), a truth verification device useful when conducting criminal investigations or pre-employment background investigations. The machine and the training of then Detective Steve Coyle to operate the machine cost in excess of $10,000. The money needed for the initial purchase of the machine and the training of Detective Coyle was provided through a local law enforcement block grant. When Corporal Coyle was promoted to corporal and reassigned to the patrol division he returned to a rotating shift schedule. As a result Corporal Coyle is seldom available to the department when a VSA exam is needed. Further, his certification to operate the machine has expired. The department needs to train another employee to assume Corporal Coyle's previous responsibility so that we can continue to make use of the VSA. We are unable to use the VSA until another employee is trained. The VSA has been used in place of a polygraph for pre-employment screening. Recently the police department paid a polygrapher $450 to conduct three polygraph examinations. The VSA allows the police department to avoid such expenditures. The cost to train Detective Winfield is: . . VSA Course $1276.00 . Lodging $299.00 . Airfare $299.25 . Per Diem $266.00 . Total $2140.25 - 17 . G:\EXCHANGE\CNCLPKl\COUNCIL. WPT .' . . 18 . DATE: To: FROM: SUBJECT: ~ORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DECEMBER 5, 2000 MAYOR DOYLE AND CITY COUNCIL MICHAEL QUINN, CITY MANAGER YVONNE ZIOMKOWSKI, FINANCE DIRECTOIt('l.., BUDGET ORDINANCE Summary: The City of Port Angeles is required to amend the current budget to reflect expense appropriations, especially in cases where we are amending prior Council authorizations; and we are required to adopt the new budget prior to the New Year. This document attempts to relate the desired work program of the City as directed by Council Goals, and allocates available resources accordingly toward their accomplishment. . Recommendation: Adoption of the proposed Ordinance. Backeround / Analysis: The attached documents are the proposed final adjustments to establish three budgetary items; namely, the amendment of the 2000 Budget, the adoption ofthe 2001 Budget, and adoption of a 3.51% pay increase for the majority of City employees. This increase, representing 90 percent of Seattle CPI, is included in the 2001 Budget. The preliminary budget was presented to the City Council on October 30,2000. We have reviewed all known items of adjustment with the Finance Committee on five separate workshops. We held two public hearings on budget and revenue sources on November 7, and November 21,2000. The attached budget allocations appear to cover the items agreed to by the Finance Committee and from prior information submitted either formally or informally through the budget process. This budget ordinance reflects changes made to the preliminary budget as a result of the budget workshops. Attached spreadsheets show these changes in detail. Staff will be happy to review any details desired by the Council. . 19 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles revising the budget for the fiscal year ending December 31, 2000, adopting the budget for the fiscal year ending December -31, 2001, providing for a cost of living increase for certain city employees and amending Ordinance 3040. as follows: THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN Section 1. The annual budget of the City of Port Angeles for the year 2001, as prepared by the City Manager for,said City, and as fmally amended, fixed, and determined as to every item by the City Council after a public hearing having been held on Tuesday, December 5, 2000, and notice of said hearing having been given and published in the manner provided by law, is hereby adopted, approved and confirmed. Section 2. The 2000 budget appropriations as set forth in Ordinance 3040 are hereby amended, and the 2001 budget appropriations are hereby adopted, in accordance with the following summary of the totals of appropriations for each separate fund and the aggregate total for all such funds combined: Department or Fund A. General Fund Mayor & Council City Manager Community Services City Attorney Finance Planning Community Development Fire Police Parks & Recreation Public Works Facility Maintenance Transfer for CIP Projects Transfers from Reserves Reserved for Emergencies or Revenue Shortfalls Reserved for lnitiative-722 TOTAL, GENERAL FUND 20 - 1 - 2000 Amended 2001 Adopted $57,821 498,575 156,265 438,917 1,303,342 221,845 o 2,128,241 3,339,652 2,105,425 1,626,233 217,650 345,000 1,288,735 o 135.000 $60,952 546,418 157,500 446,364 1,481,194 o 370,288 2,159,789 3,493, 100 2,082,964 1,643,860 284,287 305,000 o 32,777 o $13.862.701 $13.064.493 G. Governmental Capital Proiects TOT AL'FUNDS $40,000 $53.802.505 $2,020,000 $60.034.900 Section 3. The City Clerk is hereby directed to keep on file the budget referred to in -Sections 1 and 2 above and to transmit a complete copy of the final budget to the Division of Municipal Corporations in the Office of the State Auditor and to the Association of Washington Cities. Secti,on 4. In accordance with the Budget referred to in Sections 1 and 2 above, effective January 1, 2001, through December 31, 2001, salaries and wages for employees represented by IAFF #656, .A.FSCME #1619, Administrative/Management, non-represented Pool employees, and Teamsters Non-Sworn #589 employees shall be increased by 3.51 %. The above salaries and wages shall be paid in bi-weekly installments per accounting procedures established by the City of Port Angeles, and shall be paid within five (5) working days after the end of the payroll period, or as soon thereafter, per procedures established by the City of Port Angeles. Section 5. This Ordinance shall take effect five days after publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 5th day of December, 2000. ATTEST: Larry Doyle, Mayor Becky J. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney PUBLISHED: (By Summary) - 3 - 22 Budget 2001 .=xpenditures 2000 2001 Proposed 2001 Budget Amended Preliminary . Changes Budget General Fund 13,641,471 13,862,701 13,047,062 17,431 13,064,493 Special Revenue Funds Convention Center 348,000 377,260 349,980 349,980 Street 1,338,363 1,333,745 1,289,906 2,000 1,291,906 Real Estate Excise T ax#1 151,691 207,713 164,907 164,907 Real Estate Excise T ax#2 0 0 100,000 100,000 Criminal Justice 198,026 198,026 196,486 196,486 Pencom 947,317 1,111,444 1,034,310 1,034,310 Drug Task Force 0 5,854 14,500 14,500 Recreation Activities 83,900 121,787 118,429 118,429 Port Angeles Works 0 40,000 110,000 110,000 Electric Utility Rural Econ. Dev. Fund 0 0 40,000 40,000 Economic Development 165,737 214,902 143,368 2,120 145,488 Contingency Fund 0 0 0 0 Total Special Revenue Funds 3,233,034 3,610,731 3,561,886 4,120 3,566,006 Debt Service Funds . 1991 G.O. Bond - Senior Center 223,423 223,373 222,178 222,178 1992 Refunding and Conv. Ctr. Bond 69,570 69,470 67,505 67,505 1992 G. O. Bond - Fire Station 170,893 170,843 171,683 171,683 1995 G. O. Bond - Library 284,013 284,013 288,700 288,700 Total Debt Service Funds 747,899 747,699 750,066 0 750,066 Enterprise Funds Electric Utility 18,610,751 19,258,486 23,162,287 476,400 23,638,687 Water/Wastewater 8,366,076 7,519,290 8,109,552 249,548 8,359,100 Solid Waste 4,809,340 4,781,396 4,562,237 30,400 4,592,637 Total Enterprise Funds 31,786,167 31,559,172 35,834,076 756,348 36,590,424 Internal Service Funds Equipment Services 1,429,794 1,449,094 1,410,609 1,410,609 Information Technology 442,069 428,740 334,494 6,540 341,034 Self-Insurance 1,869,370 1,950,260 2,180,749 (60,000) 2,120,749 Totallntemal Service Funds 3,741,233 3,828,094 3,925,852 (53,460) 3,872,392 Trust & Agency Funds Firemen's Pension 50,606 39,308 41,692 41,692 Esther Webster Trust Fund 106,123 114,800 129,827 129,827 Total Trust & Agency Funds 156,729 154,108 171,519 0 171,519 Governmental Capital Projects 1,650,000 40,000 2,020,000 2,020,000 .otal All Funds' 54,956,533 53,802,505 59,310,461 724,439 60,034,900 23 .. ,I'.,. i,' t." : General Fund Expenditure,s by Department: . ~ " . .' ~, ' 2000 2001 Proposed 2001 Budget Amended Preliminary Changes Budget Mayor & Council 60,649 57,821 60,952 60,952 City Manager 536,533 498,575 546,418 546,418 Community Services 156,265 156,265 157,500 157,500 City Attorney 438,917 438,917 446,364 446,364 Finance 1,313,823 1,303,342 1,481,194 1,481,194 Planning 237,159 221,845 243,140 (243,140) 0 Department of Community Development 0 0 0 370,288 370,288 Fire 2,208,440 2,128,241 2,159,7,89 2,159,789 Police 3,294,352 3,339,652 3,493,100 3,493,100 Parks & Recreation 2,033,302 2,105,425 2,082,964 2,082,964 Public Works 1,691,948 1,626,233 1,771,008 (127,148) 1,643,860 Facility Maintenance 223,348 217,650 299,633 (15,346) 284,287 Transfer for CIP Projects 100,000 345,000 305,000 305,000 Transfers from Reserves 1,288,735 1,288,735 0 0 Reserved for Emergencies or Rev. shortfall 0 0 0 32,777 32,777 Reserved for Initiative-722 58,000 135,000 0 0 Total General Fund 13,641,471 13,862,701 13,047,062 17,431 13,064,493 . List of Proposed Changes Organizational: .. Combining Planning Department and Building/Permits Division of the Public Works and Utility Deapartment into the Department of Community Development. Increases: .. Increase in Reserves .. Bicycle racks (2) .. Increase in contribution to EDC .. Increase in Fiber optic project .. Backup generator .. Stormwater permiting and combined sewer overflow .. Long range planning for Landfill closure .. Uninterrupted Power Supply Units Decreases: .. Postpone first dollar coverage insur. .. Postpone first dollar coverage insur. .. Postpone first dollar coverage insur. .. Postpone first dollar coverage insur. .. Postpone first dollar coverage insur. Total Proposed Changes 24 32,777 2,000 2,120 486,000 120,000 General Fund Street Economic Development Fund Light Fund Water/Wastewater 155,000 Water/Wastewater 40,000 6,540 844,437 Solid Waste Information Technology (60,000) Self Insurance (15,346) General Fund (9,600) Solid Waste (25,452) Water/Wastewater (9,600) Electric Utility (119,998) 724,439 . . . . 'CITY OF e DATE: To: FROM: SUBJECT: VJ~\'::11;':{f'-f" ~~;.,,~~,-_:>," <";1 FORTANGEtES WAS H I N G TON, U. S. A. -c I T Y C 0 U N elL M E M 0 December 5, 2000 MAYOR DOYLE AND CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities Hazard Elimination Safety Program Grant Applications ~~v Summary: The WSDOT Highways and Local Programs Service Center has approximately $16 million available for the Hazard Elimination Safety Program. This is a request of approval to submit a grant application for the installation of curb, gutter, sidewalk, asphalt overlay on Fifth Street, and install a traffic signal at Fifth and Race. Recommendation: Authorize submittal of grant applications in the amount of $520,000 for the construction of curb, gutter, sidewalk, asphalt overlay and traffic signal installation along Fifth Street. In addition, if the grants are approved, authorize the Mayor to execute the Hazard Elimination Safety agreement provided that the grant amounts do not exceed $520,000 . Back~round / Analysis: The WSDOT Highways and Local Programs Service Center has approximately $16 million available for the Hazard Elimination Safety Program. This program is to fund activities for safety improvement projects that identify and correct hazardous locations, sections, and/or elements. Eligible projects include traffic signals, traffic calming, curve realignment, exposed bridge ends, curb and gutter, sidewalk, guardrail spot improvements, removing roadside obstacles, etc. Fifth Street is identified in the five (5) year asphalt overlay from Cherry Street to Race Street. Within this section of roadway, there are areas that do not have curb, gutter and sidewalks. This area is also adjacent to a high embankment which requires guardrail installation. The intersection at Fifth and Race meets the criteria for the installation of a traffic signal. The total cost of the project is $520,000. Matching city funds of $260,000 are proposed. The match is comprised of $200,000 anticipated from the five year paving program and in-kind staff design engineering and construction management costs of $60,000. N:\GRANT APP\HES\FIFfHS1\CCTSOO 1. WPD 25 , I -------- , I -i , ---f , I ~i.' ~ I I ~ : , ----- i j '~ ! J ---l : I ! I -; i - i ! City of Port Angeles Area rvfap ~th Street Hazard Elimination Safety Pro~ Map features I I *' Signals Street centerline I I . 8uildi~ i I I I ~ ) (XX) o ) (XX) Fe N 26 ':'}d:}."C' -"..r: ;?~.:,,_,.;:, ,>-,~ "F"\.~:;.,::,,,'l(':i;" -,' o i ~ ~ORTA}\JGELES WAS H I N G TON, U. S. A. PARKS AND RECREATION DEPARTMENT Date: November 27,2000 To: Mayor Doyle and City Council From: John Hicks, Recreation Manager Subject: Waterfront Trail Easement Dedication Summary: The Interlocal Agreement for the Valley Creek Estuary between the City of Port Angeles and the Port of Port Angeles requires the Port to dedicate an easement for a portion of the waterfront trail between Oak and Cherry Streets. The easement agreement document before you fulfills this requirement and will allow construction to begin on a pathway/sidewalk from Oak Street to the Valley Creek Estuary. Funding for this portion of the trail is included in the ALEA/DNR grant the City received for the upland development of the project. ecommendation: The Parks and Recreation Department recommends that the City Council approve the Easement Agreement with the Port of Port Angeles as presented. Background/ Analysis: In July of 1997, the City of Port Angeles entered into an Interlocal Agreement with the Port of Port Angeles to cooperate in the development of replacement wetlands in a two site mitigation plan. One of the mitigation sites in the Plan detailed the construction of a 2.5 acre marine estuary on a 4 acre Port owned site at the mouth of V alley Creek. The development ofthe site thus far has been a cooperative effort hy the Port of Port Angeles, the City of Port Angeles, K-Ply Inc, Soroptomists International and other nrganizations. In February of2000 the Parks and Recreation Department submitted and received a ALEA / DNR grant for $75,000 to develop the upland portion of the project. This was to include sidewalks, landscaping, irrigation system, support buildings, interpretive elements, utilities and the sidewalk extension of the \vaterfront trail from Oak Street to the Valley Creek Estuary. Soroptomist International of Port Angeles is providing management of the project and has hired the firm of Zenovic & Associates to manage the construction phase. At this time, the upland development is approximately 75% complete. The Parks & Recreation Department is administering the grant and providing construction assistance as part of the local match requirement. .The Port of Port Angeles Easement Agreement will allow construction ofa pathway/sidewalk, bordering the harbor along the northern most edge of the property, from Oak Street to the Valley Creek Estuary. 27 Filed for Record at the Request of: .' GARY R. COLLEY Platt, Irwin, Taylor Colley, Oliver, & Moriarty 403 South Peabody Port Angeles, WA 98362 EASEMENT AGREEMENT Grantors: PORT OF PORT ANGELES Grantees: CITY OF PORT ANGELES 1. Legal Description: A portion of Block 2A of the First Class Tidelands West of Laurel Street as shown in Vol. 20 of Surveys, page 42, under AF #692861, Clallam County, Washington PARTIES . 1.1 Grantor: Port of Port Angeles, a Washington municipal corporation, acting in the capacity as Manger of state-owned tidelands pursuant to an aquatic lands Management Agreement No. 22-080013 dated September 23, 1985, between the Grantor and the State of Washington Department of Natural Resources and recorded under Clallam County Auditor's File No. 594883. 1.2 Grantee: City of Port Angeles, a Washington municipal corporation. EASEMENT 2.1 Grant of Easement: The Grantor hereby grants to Grantee an easement as described herein of the type described herein for the purposes described herein. . 28 . . . 2.2 Purpose: The purpose of this easement is for the use ofa public pedestrian trail and all other public purposes not inconsistent with the use thereof for public shoreline access purposes. 2.3 Consideration: This easement is authorized in consideration of the City and Port acting as project partners on development of the Valley Creek estuary and associated park and trail improvements, pursuant to the terms ofRCW 79.90.470 authorizing the use of state-owned aquatic lands for public recreation purposes so long as said lands are . available to the general public on a first come, first served basis and are not managed to produce a profit for the operator or concessionaire 2.4 Obligation of Grantee: The Grantee by accepting this easement obligates itself during the term of the easement to preserve, use and maintain the property subject to this easement for the purposes set forth above, and no other. 2.5 Location of Easement: The location of the easement is described on the attached Exhibit A. The location is generally described as being located on the northerly portion of the state-owned tidelands between Oak and Cherry Streets, and is 18' in width and approximately 750' in length. 2.6 Burdened Property: This easement is to burden the following described real property situated in the County ofClallarn, State of Washington, see attached Exhibit B. 2.7 Term of Easement: The term of this easement shall be thirty (30) years, provided it is utilized as described in 2.2 Purpose and shall commence on the date the easement is signed by the Port Angeles City Council. In addition, an option for an additional thirty (30) years may be approved by the Grantor. 2.8 Reservation of Rights: The Grantor specifically reserves unto itself the following rights: A. Grantee is granted the right of ingress.and egress to, from and along said easement area via practical routes across the adjacent land of Grantor, said routes to be determined by Grantor from time to time. B. No construction or major repairs of any trails and related facilities shall commence without prior approval of the plans and specifications by Grantor, except for 2 29 necessary emergency repaIrs. In the case of emergency repairs, Grantee shall commence repairs immediately and give Grantor written. notification within the (10) days of said emergency repair so -that the Grantor can inspect said easement for compliance with the terms and conditions of this easement~ . Trails and related facilities installed pursuant to this easement shall be constructed in a careful and .workmanlike manner and shall confirm to all applicable laws and regulations. Approvals shall not be unreasonably withheld. C. In making any excavation in said easement area, Grantee shall make the excavation in such manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground and any improvement thereof to as near the same condition as existed prior to such excavation to the extent it is practicable to do. D. Subject to Grantor's approval, which shall not be unreasonably withheld, Grantee shall have the right to erect and maintain in said easement area, such equipment, traffic barriers, and minor earth retaining structures as Grantee may deem necessary for the proper installation, maintenance and protection of Grantee's above described trails and related facilities. E. Grantor shall not erect place or construct any building or other structure within said easement area, without prior written consent of Grantee, which consent shall not be unreasonably withheld. F. Grantor shall not increase or decrease the ground surface elevations within this easement after installation of Grantee's facilities, without prior written consent of Grantee, which consent shall not be unreasonably withheld. G. Subject to the review and written approval of improvement plans by Grantee, which approval shall not be unreasonably withheld, but which shall consider Grantee's need to provide adequate protection for Grantee's trails and related facilities, Grantor retains the right to construct, reconstruct and maintain aboveground structures adjacent to the easement, including but not limited to, fences, sidewalks, curbs, gutters, and street and parking lot surfaces or other surfaces. H. Grantee shall maintain the easement and any improvements of any kind it places on said easement without cost to the Grantor. . . . 3 30 . . . 1. Subject to grantee review and approval, which shall not be unreasonably withheld, grantor specifically reserves unto itself the right to make any necessary cuts or fills or rna.Ke any other alterations to the easement area necessary for the installatioll, repair or replacement of drainage pipes, other underground utilities or for any other purpose. The Grantor agrees to repair or pay the costs of repairing any damage done to the pedestrian trail or related facilities on the easement area when such damage occurs as a result of work done by the Port of Port Angeles on the easement areas. 1. Grantor reserves the right to require Grantee, at Grantor's expense, to remove and relocate all facilities placed by Grantee in said easement area, upon determination by Grantor that the Facilities interfere with future development of Grantor's property. Within 180 days after Grantor's written notice and demand for removal and relocation of the facilities, Grantee shall remove and relocate the facilities to a feasible location on the property of Grantor as designated by Grantor, and Grantor shall furnish Grantee with an easement in such new location, on the same terms and conditions as herein stated, all without cost to Grantee, and Grantee thereupon shall reconvey to Grantor the easement herein granted. In the event Grantee requires the relocation of its facilities for Grantee's convenience, Grantee shall obtain the approval of Grantor for the new route and Grantee shall pay the cost of any such relocation. Grantor agrees that such approval shall not be unreasonably withheld. K. Subject to grantee review and approval, which shall not be unreasonably withheld, grantor expressly reserves an easement for itself and the right to grant easements to others in, upon, over and across the easement granted herein for any purpose whatsoever not inconsistent or incompatible with the rights and privileges granted by this easement. Nothing herein contained shall be construed as limiting the powers of Grantor to convey, lease, or otherwise transfer or encumber during the term of this easement the lands described herein for any purposes subject to the rights and privileges granted herein. The easement granted herein shall be subject to all existing rights of leases and encumbrances, recorded and unrecorded, affecting said land. 4 31 2.9 Hold Harmless: Grantee shall at all times indemnify and save harmless Grantor against and pay in full any and all loss, damage, or expense that Grantor may sustain, incur, oLbecome liable for, resulting in any manner from the construction, maintenance, state of repair or presence 0 f Grantee's facilities and all fixtures and equipment used in connection therewith, including any such loss, damage or expense arising out of (I) loss of or damage to property, and (ii) injury to or death of persons, excepting any loss, damage, or expense and claims for loss, damage, or expense resulting in any manner from the negligent act or acts of the Grantee, its contractors, officers, agents or employees. 2.10 Abandonment of Easement: In the event Grantee, in its sole discretion, determines that this easement is no longer required for the conduct of its business or if this easement is abandoned by Grantee, Grantee shall furnish Grantor upon demand a good and sufficient Quitclaim Deed of all of Grantee's right, title and interest in and to this easement. Notwithstanding the foregoing, in the event of non-use or abandonment of Grantee's facilities for a period of one year, Grantor shall have the right to terminate this easement, and upon written request, Grantee shall provide Grantor a,Quitclaim Deed as described above. 2.11 Binding Effect: This easement and any covenants, conditions and restrictions contained herein, shall run with the land, and be binding upon and inure to the benefit of the successors, heirs, executors, administrators, permittees, licensees, agents and assigns of Grantor and Grantee. 2.12 Signatures Required: It is an express condition of this easement that the easement shall not be complete nor effective until signed by all parties. . . . 5 32 . . . DATED this lid daYOf;~ ,2000. PORTe! PORT ANGELES B~ 'vVt ~A 3~._J~ Secretary ST ATE OF WASHINGTON ) )ss. County ofClallam ) .:d ~ ~ ~{)(f~ On this ~ day of .) n , ~, before me, the undersigned, a Notary Public ~I ~d for teState of Washington, duly commissioned and sworn, personally ~p~~ed ~ '111 ~ and ~ y:: A_ ~ -.I) t.) ~ ' to me known to be the President and Secretary, ~ctively, of the Port of Port Angeles, a municipal corporation and the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of the said corporation. Witness my hand and official seal hereto affixed the day and year first above written. ~~~ ,t!.~ NOTARY PUBLIC in and for the State of Washington, residing at Port Angeles 6 33 34 ACCEPTED BY THE CITY OF PORT ANGELES this day of . - ,2000. : . . Mayor of the City of Port Angeles ATTEST: Clerk .' . 7 . . . 1" NORTHWESTERN'TERRITORIES, INC. Engineers . Land Surveyors . Planners Construction Coordination . Materials Testing N.,.' EXHIBIT A LEGAL DESCRIPTION FOR THE PORT OF PORT ANGELES WATERFRONf TRAIL EASEMENT THA T PORTION OF THE PORT ANGELES HARBOR AREA IN FRONT OF TIDELANDS BLOCK 2A, PORT ANGELES TIDELANDS- WEST OF LAUREL STREET AND THAT PORTION OF CHERRY STREET WITHIN THE HARBOR AREA DESCRIBED AS FOLLOWS: A STRIP OF LAND 18 FEET IN WIDTH LYING SOUTHERLY OF AND ABUTTING THE FOLLOWING DESCRIBED LINE: COMMENCING AT A POINT ON THE WESTERLY MARGIN OF CHERRY STREET 278.08 FEET NORTHERLY OF THE NORTH RIGHT OF WAY LINE OF FRONT STREET, SAID POINT BEING MARKED BY A 5/8" REBAR WITH PLASTIC CAP STAMPED "LS 27129" AS SHOWN ON SURVEY RECORDED JANUARY 5, 1999, IN VOLUME 41 OF SURVEYS, PAGE 34 AND FILED UNDER AUDITOR'S FILE NUMBER 1999-1021866, 'THENCE NORTHERLY ALONG SAID WESTERLY MARGIN NORTH 33022'23" EAST, A DISTANCE OF 3.00 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE SOUTH 66011'10" EAST, A DISTANCE OF 41.00 FEET; THENCE SOUTH 68058'55" EAST, A DISTANCE OF 63.00 FEET; THENCE SOUTH 64059'52" EAST, A DISTANCE OF 70.00 FEET; THENCE SOUTH 53019'17" EAST, A DISTANCE OF 33.00 FEET; THENCE SOUTH 64008'26" EAST, A DISTANCE OF 81.00 FEET; THENCE SOUTH 61057'10" EAST, A DISTANCE OF 92.00 FEET; THE~CE SOUTH 76033'28" EAST, A DISTANCE OF 48.00 FEET; THENCE SOUTH 62006'52" EAST, A DISTANCE OF 65.00 FEET; THENCE SOUTH 63014'07" EAST, A DISTANCE OF 36.00 FEET; THENCE SOUTH 61033'57" EAST, A DISTANCE OF 48.00 FEET TO THE WESTERLY MARGIN OF OAK STREET AND THE TERMINUS OF SAID LINE DESCRIPTION. THE SOUTHERLY LINE OF SAID STRIJ:>> SHALL BE EXTENDED OR SHORTENED TOTERMINA TE ON BOTH THE WESTERLY MARGIN OF CHERRY STREET AND THE WESTERLY MARGIN OF OAK STREET. ALL BEARINGS AND DISTANCES ARE RELATIVE TO THE WASHINGTON COORDINATE SYSTEM, NORTH ZONE, NAD 83(91) PER VOLUME 34 OF SURVEYS, PAGE 22, RECORDS OF CLALLAM COUNTY, WASHINGTON. 717 SOUTH PEABODY, PORT ANGELES, WA 98362 (360) 452-8491 1-800-654-5545 FAX 452-8498 35 NORTHWESTERN TERRITORIES, INC. Engineers . Land Surveyors . Planners Construction Coordinatio,n . M~terials Testing . .. NT' EXHIBIT B BURDENED PROPERTY , ~ .-i '" f' ~ ~ . : 1 ... .. '. .. . I I~ ~ : ' . THAT PORTION OF THE PORT ANGELES HARt;30R AREA IN FRONT OF TIDELANDS BLOCK 2A, PORT ANGELES TIDELANDS WEST OF LAUREL STREET, CLALLAM COUNTY, WASHINGTON. G \Gen\Roo\Oesc\POPAOOO. _ Waterlronl_ Tl'ilil2.wpd 36 717 SOIlTH pl=Af\noy PORT ANC:;FLFS WA 911~F;? (~RO\ d<;?-!ldQ1 1-ROO.1\5d-'j<;d5 FA,X d5?-Bd91l . . . . . . CHERRY STREET ----J I I ~ I ~ I ~ I ~ OAK STREET ~ r- ~ I"i I I I , " :: ':I:~ ",~ ~ :.. ~ ',':' ~ ~ ~ ~ ~ () ~ ~ , ,,~ , ... ':~:j~ \ .... \. ~ ~ " :"';8" '~ ":: ~~ 'g . . ~ Q :", oi '. r-- j1~ '- J- j~ ,', ''I: 'e; ,':!s;:;: : >g~ ' ': 'oi , .16 I NJ.J"22~J"t! J$/,$9 " i> :x: )> ::0 tD o ::0 -/ ---! 397.99 .t1.J"26~,., 37 ! .1 . . 38 . . . . . . DATE: To: FROM: SUBJECT: FORTAN'GELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO December 5,2000 MA YOR DOYLE AND CITY COUNCIL Brad Collins, Planning DirectorpL:> Municipal Code Amendment MCA 00-03 Summary: The proposed amendments involve several chapters of the Port Angeles Municipal Code, including Title 17 Zoning and Chapters 15.04 Environmental Policy, 15.20 Environmentally Sensitive Areas, 15.28 Clearing and Grading, and 18.02 Consolidated Development Permit Process. The amendments generally pertain to compliance with recent amendments to various state ,laws, consistency with other city codes, or improvements to current permit processes. . Recommendation: Following the scheduled public hearing, Council should approve MCA 00-03 and adopt the ordinance as read by title, citing the 17 findings and 4 conclusions as recommended bv the Plan nine: Commission Backl:round / Analysis: The Planning Department has compiled various amendments to the Port Angeles Municipal Code, specifically Title 17, Zoning Code and Chapters 15.04 Environment, 15.20 Environmentally Sensitive Areas, 15.28 Clearing and Grading, and 18.02 Consolidated Development Permit Process. The reasons for the amendments are further outlined in this report, but they generally pertain to compliance with recent amendments to various state laws, consistency with other city codes, or improvements to current permit processes. A copy of the proposed ordinance is attached. The relevant state laws that provide authority for the code chapters that are included in these amendments, as well as the amendments include the following: Growth Management Act, R.C.W. 36.70A, Local Project Review, R.C.W. 36.70B, State Environmental Policy Act, R.C.W. 43.21 C, and associated Washington Administrative Codes (WAC) including WAC 365-195 and WAC 197- Requirements for amending Title 17, Zoning are specified in Section 17.96.100 . T:\001205.WPD 39 MeA 00-03 December 5, 2000 Page 2 PAMC CHAPTER 15.04 - ENVIRONMENTAL POLICY' The proposed changes to Chapter 15.04.Envlronmental Policy should be made to comply with current state laws, as~a result of adopting R.C.W. 36.70B, Local Project Review. also known as the "Regulatory Reform Act." The first amendment proposes a change to the comment period in Sections 15.04.180(C) and (F) from.15 days to 14 days in order to be consistent with permit process integration and streamlining requirements. The second amendment clarifies the appeal section so that appeals of a Determination' of Non Significance associated with those permits subject to P AMC 18.02 so that they are processed in accordance with P ~MC 18.02. This will ensure that only one open record 'hearing and one closed record appeal hearing is held on each permit. Appeals of a DNS for non-project actions, such as the legislative amendments that we are currently reviewing, are. not subject to- "Regulatory Reform" requirements. P AMC CHAPTER 15.20 ;. ENVIRONMENT ALL Y SENSITIVE AREAS The proposed administrative amendments to PAMC 15.20, Environmentally Sensitive Areas are also minor in nature. The new definitions proposed under 15.20.030 (K, P, U) are proposed so that consistency between 15.20 and 15.28 Clearing and Grading Code is made. The applicability of P AMC 15.20 is triggered by permit reviews by other city codes which sometimes results in overlapping, multiple permit actions. An example would be trimming tree limbs along a marine bluff or ravine. Currently, trimming vegetation in a designated environmentally sensitive area requires a clearing and grading permit under PAMC 15.28 Clearing and Grading. This in turn, triggers review under 15.20 Environmentally Sensitive Areas and also SEP A determination under P AMC 15.04 and WAC 197-11 which results in three application forms required to be submitted. as well as three permit decisions that the city must make. The proposed amendments would result in distinguishing the minor act of trimming limbs and shrubs (so long as damage to the plant does not result) from tree removal and/or exposure of the soils which can often affect the integrity and/or stability of a bank or bluff. The additional definition U - Viewshed Enhancement would include those activities in a sensitive area such as tree removal or grading which should not be exempt. The proposed amendment to Definition V - Water Types is to reflect recent emergency rules adopted by the State legislature that are effective between March 2000 and June 2001, as well as the proper reference to WAC 222-16-030. Because the water typing definitions have been under scrutiny associated with the Forest and Fish Report, emergency legislation, court appeals and because it would take several years for new maps to be available, staff recommends that a simple referral to the Washington Administrati ve Code (WAC) definitions be made until this issue is sorted out. An alternative would be to include the new definitions according to current WACs which means that we may need to re-evaluate the definitions to avoid code conflicts if they are changed again next year. The proposed amendments to P AMC 15.20.040 (B) may help to integrate permit actions and/or lessen the number of permit decisions or actions that will be needed to be made. Examples would be combining an Environmentally Sensitive Areas approval with a clearing and grading permit. and also other actions. such as an ESA approval with a shoreline substantial development permit. Amendment to Subsection "0" provides clarification as to the jurisdiction of the code. 40 TlOOI205.WPD . . . . . . MeA 00-03 December 5. 2000 Page 3 P AMC CHAPTER 15.28 - CLEARIN'G'AND GRAdING The proposed amendments to the definition section of the Clearing and Grading code would coincide with those proposed in the Environmentally Sensitive Areas Code which is described above. The proposed amendments to the exemption section under 15.28.040 would clarify that minor pruning would be exempt. The proposed additions to 15.28.090 to add viewshed enhancement criteria would be consistent with the existing requirements set forth in the Environmentally Sensitive Areas Code under 15.20.070(6). PAMC TITLE 17 - ZONING CODE The proposed amendments to Title 17, Zoning Code, are minor in nature and generally pertain to clarification of definitions and land uses. The following amendments to land uses that are specified in various zoning designations are generally a result of issues that have been raised throughout the year, many of which are associated with the analysis of the proposed drug and alcohol center in the RHD zone, as well as compatibility of new cell tower placement with adjacent uses, along with establishing an adequate review process of new facilities. Through the review and subsequent approval of the drug and alcohol treatment center in an RHD zone, it was also discussed that hospitals and motels are not appropriate in that zone. In order to allow for new motel facilities, the Planning Department recommends that they be allowed by conditional use approval in the CO, CN and CSD zones. Motels are currently permitted in the CA and CBD zones. Discussion should be made as to whether or not motels would be an appropriate use in the CN zone. Also, allowing drug and alcohol centers in the Commercial zones as a conditional use should also be made. The amendments to definitions will improve the current regulatory process for reviewing new telecommunication towers. This includes adding a definition for wireless communication facilities, amending the definition of a utility structure and also adding telecommunication facilities that exceed the maximum building height as an unclassified use. Until a telecommunications ordinance is fully developed and adopted, including policy guidance for locating new facilities, the proposed amendments would allow for proper and adequate review of new telecommunication towers. Currently, new cell towers are permitted uses in the PBP and Industrial zones, and are conditional uses in all other zones. The proposed amendments would allow the continuation of cell towers as permitted uses in the PBP and industrial zones if they do not exceed the established building height for that zone. Any proposals that exceed the height limit, including co-location, would require an unclassified use permit approval. In other zones, either a CUP would be required for proposals that do not exceed the building height, or a UUP for those that do. Additionally, there are minor amendments proposed to address grammatical or typographical concerns. T:\OO 1205. WPD 41 42 P AMC 18.02 - CONSOLIDATED DEVELOPMENT PERMIT PROCESS MeA 00-03 December 5. 2000 Page 4 The proposed changes to PAMC 18.02 are minor in nature and would be consistent with the 1997 changes to R.C.W. 36.708. COMPREHENSIVE PLAN POLICIES The following Comprehensive Plan policies are most relevant to the proposed amendments:. 1 ) Growth Management Element Policy (A)( 1 )(g) Permits, and 2) Land U,se Map Goal, policies and Objectives Goals A-C and Policy C 1. Attachments: Ordinance Findings and Conclusions Staff Report to the Planning Commission '- noD I :!05. WPD . . . . ORDINANCE NO. AN ORDINANCE of the City Council of the City of Port Angeles, Washington, amending the City's land use development regulations to be consistent with other City ordinance provisions and recent changes in State law, amending the Environmental Policy Ordinance to standardize time lines, amending the Clearing and Grading and Environmentally Sensitive Areas Protection Ordinances to exempt non- destructive vegetation trimming and to provide standards for viewshed enhancement, amending the Zoning Code by changing or specifying the zones in which motels, hospitals, and chemical dependency treatment centers are considered as conditional and permitted uses and by providing for aquaculture and excessively high wireless communication support structures to be considered as unclassified uses, and amending Ordinances 1886,2656,2734, 1709,2103,2109,2797,2293,and2911, as amended, and Chapters 15.04,15.20,15.28,17.08,17.15,17.17, 17.20, 17.21,17.22, 17.23, 17.96, and 18.02 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY . ORDAIN as follows: Section 1. Ordinance 1886 as amended and Chapter 15.04 of the Port Angeles Municipal Code are hereby amended by amending PAMC 15.04.180 and 15.04.280 to read as follows: . 15.04.180 Use of Mitigated DNS. A. As provided in this Section and in WAC 197-11-350, the Responsible Official may issue a DNS based on conditions attached to the proposal by the Responsible Official or on changes to, or clarifications of, the proposal made by the applicant. B. An applicant may request in writing early notice of whether an EIS is likely under WAC 197-11-350. The request must: 1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the Department is lead agency; and 2. Precede the City's actual threshold determination for the proposal. C. The Responsible Official should respond to the request for early notice within fifteen (15)fourteen (14) working days. The response shall: 1. Be written; 2. State whether the City currently considers issuance of a DS likely and, if so, indicate the general or specific areas of concern that are leading the City to consider a DS; and ' - 1 - 43 3. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the envirorurtental checklist and/or permit application as necessary . to reflect the changes or clarifications. . ':.. ' , . D. As much as possible, the City should assist the applicant with identification of I impacts to the extent necessary to formulate mitigation measures. E. When an applicant submits a changepor clarified proposal, along with a revised' or amended environmental checklist, the City shaH base its threshold determination on the changed or clarified proposal and should make the determination within fifteen (15) days of receiving the changed or clarified proposal: 1. If the City indicated specific mitigation measures i~ its response to the request for early notice, and the applicant changed or. clarified the proposal to include those specific mitigation measures, the City shall issue and circulate aDNS under WAC 197-11-340(2). 2. If the City indicated areas of concern, but did not indicate. specific mitigation measures that would allow it to issu~ a DNS, the City shall make the threshold determination, issuing a DNS or DS as appropriate. 3. The applicant's proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to "control noise" or "prevent stormwater runoff" are inadequate, whereas proposals to "muffle machinery to X decibel" or "construct 200-foot stormwater retention pond at Y location" are adequate. 4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents. F. A mitigated DNS is issued under WAC 197-11-340(2), requiring a fifteen fourteen-day comment period and public notice. . . G. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the City. H. If the City's tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the City should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS). 1. The City's written response under subsection B of this Section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the City to consider the clarifications or changes in its threshold determination. (Ord. 2312 ~1, 10/1/84.) 15.04.280 Appeals. The City of Port Angeles establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680: A. Any agency or person aggrieved by an action of the City may appeal the City's procedural compliance with Chapter 197-11 WAC for issuance of the following: 1. A final DNS. Appeal of the DNS must be made to the City Council within fourteen (14) days of the date the DNS is final (see WAC 197-11-390(2)(a)) for those determinations associated with a permit or action not subiect to review under Chapter 18.02 PAMC. For those determinations subiect to Chapter 18.02PAMC. the filing of the appeal shall be consistent with the requirements of that Chapter and shall be made within fourteen (14) days. - 2 - 44 .(\t::-!tL'~~~~~*;t~~f~~#;f~~~~~:' - ,\\,"" ~ ::';?f:;~,,:ti~!-:':,*;f'W{~%~~1:~~~- . of the date of decision. ~_:i!'1){:~t:i;\}j 2. ADS. . The appeal must be made to the City Council within fourteen (14) days of the date the DS is issued. 3. An EIS, Appeal of the FEIS must be. made to the City Council within fourteen (14) days of the date the pennit or other approval is issued. B. For any appeal under this subsection, the City shall provide for a record that shall consist of the following: 1. Findings and conclusions; 2. Testimony under oath; and 3. A taped or written transcript. C. The City shall provide for an electronically recorded transcript of the proceedings and may require the appellant to provide a written transcript. D. The procedural detennination by the City I S Responsible Official shall carry substantial weight in any appeal proceeding. E. The City shall give official notice under WAC 197-11-680(5) stating the date and place for commencing an appeal. If there is no time period for appealing the underlying governmental action, and a notice of action under RCW 43.21C.080 is used, appeals shall be commenced within the time period specified by RCW 43.21C.080. F. Timing of Appeals. 1. There shall be no more than one city appeal proceeding on a procedural detennination (the adequacy of a detennination of significance/nonsignificance or of a final environ-mental impact statement). The appeal proceeding on a determination of significance may occur before the City I S final" decision on a proposed action. The appeal proceeding on a detennination of nonsignificance may occur before the City's final decision on a proposed action only if the appeal is heard at a proceeding where the hearing body will render a final recommendation or decision on the proposed underlying governmental action. Such appeals shall also be allowed for a detennination of significance/nonsignificance which may be issued by the City after supplemental review. 2. The City shall consolidate an appeal of procedural issues and of substantive deterniinations made under this Chapter (such as a decision to require particular mitigation measures or to deny a proposal) with a hearing or appeal on the underlying governmental action by providing for a single simultaneous hearing before one hearing body to consider the agency decision on a proposal and any environmental detenninations made under this Chapter, with the exception of the appeal, if any, of a detennination of significance. (Ord. 2977 ~3 (part), 12/26/97; Ord. 2911 ~9, 3/29/96; Ord. 2312 ~1, 10/1/84.) . Section 2. Ordinance 2656 as amended and Chapter 15.20 of the Port Angeles Municipal Code are hereby amended by amending PAMC 15.20.030, 15.20.040, and 15.20.070 to read as follows: . 15.20,030 - Definitions. For the purposes of this Chapter, the following definitions shall apply: - 3 - 45 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 that is required to protect or enhance the environmentally sensitive features and is considered part of the environmentally sensitive area. A buffer is different than a setback. C. "Compensation" means aJorm of mitigation that replaces project-induced losses or impacts to an environmentally sensitive area and. includes, but is not limi,ted to restoration, enhancement, substitute resources, and creation, which are defined as follows: 1. "Restoration" means actions performed to reestablish environmentally sensitive area functional and value characteristics and processes which have been lost by alterations, activities, or catastrophic events within an area; 2. "Enhancement" means actions performed to improve the condition of an existing environmentally sensitive area so that the functions and values provided are of a higher. quality; 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. D. "Critical areas" and "environmentally sensitive areas" include any of the following areas and their associated buffers: 1. Wetlands; 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. Priority species and species of concern habitat areas; and 6. Locally unique features: a. Ravines; b. Marine bluffs; c. Beaches and associated coastal drift processes. E. "Engineer means a state licenses or certified engineering professional. 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. G. "Frequently flooded areas" means lands in the floodplain subject to a one percent or greater chance of flooding in any given year (the lOG-year storm flood). These areas include but are not limited to streams, rivers, lakes, coastal areas, wetlands, and the like. H. "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. -4- 46 . value of a stream is to provide'\Vat~r that in turn insures the survival of a diversity of flora and fauna. I. "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. J. "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. K. "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 non-destructive vegetation trimming. 1tL. "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 Surveyor 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). eM. "Locally unique features" means landforms and features that are important to the character of the City of Port Angeles and the adjoining Port Angeles Urban Growth Area. These features or landforms usually contain more than one "critical area". Locally unique features in the Port Angeles region include ravines, marine bluffs, and beaches and associated coastal drift processes. M:N. "Marine bluffs" means coastal features resulting from wave erosion undercutting uplands located adjacent to the shoreline, creating vertical cliffs that are an important source of sediment for coastal drift processes and/or the landforms created by these processes. N:O. "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 . . - 5 - 47 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 reSQurces, or creating new environments; and 6. Monitoring the ' impacts and the mitigation and taking appropriate corrective measures. P. "Non-destructive vegetation trimming" means the trimming. topping. or pruning of trees. shrubs. or plants. which does not result in harm to the continued life and health of the plant and does not expose the soil surface. e:Q.. "Priorityhabitats" mearis areas with one or more of the following attributes: comparatively high fish and wildlife density; high fish and'wildlife species richness; important fish and wildlife breeding habitat, seasonal ranges, or movement corridors; limited availability; high vulnerability; and/or unique or dependent species. P:R. "Priority Species and Species of Concern Habitat" means habitat supporting: (a) 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 (b) recreationalIy important species for which the maintenance of a stable population and surplus for recreation may be affected by habitat loss or change. e:-S. "Ravines" means narrow gorges normally containing steep slopes, having little or no defined floodplain, and deeper than ten (10) vertical feet as measured from the centerline of the ravine to the top of the slope.. . It T. "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 cohesionIess soils of low density usually in association with a shallow groundwater table. S:U. "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. :r:-v. "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. W. "Viewshed enhancement" means the removal of trees or vegetation to enhance a view when proposed in a ravine and marine bluff buffers. Viewshed enhancement does not include non-destructive trimming of vegetation as defined by this Chapter. & X. "Water types" include categories established and defined in pursuant to WAC 222-16-020 and -030, as amended. follows. 1. "Type 1 water" means all waters, within thcir ordinary high-water mark, as in v entoried as "shordines of the state" under ehapter 90.58 RCW, but not induding those waters' associated wetlands. 2. "Type 2 water" shall mean segments of natural waters whieh are not classified as Type 1 \'vater and have a high use and arc. important from a water quality standPoint. - 6 - 48 617 -L- ,~, , UO,,1l I,d l':>J :J. o lU'lpt11~ ~ pu~ P I M ill nll?'J~ :>:>l,d Zl u~tp IlIl'IJ ( . IpJO ,tfl u"Mnq tpP. . .1U ~n.1 lt1U · UO 'Sl(.J11W JOl<""'I. .,' 0 ''Illp!'' [" 0 ll"'Il JOjOO1g .. Oil .. O~~P":':~ ,~ 'Iu,wg" U~~~"Jd O1~ "!ls!'Oj""qo gU!.. all ~ pwoq' P'u g,s ,. '"! <ll P ., 0'''' 10 JO I'~ 0 I ~O g lUop'S:U lU'OY!U-. 'Ug,S .q P'SA O1V pull J>I'" MOlllllI ."" 'I'll 'lUll ;, 0 "OquI"" lU""ll. . OIlOpUO W1 gU!'oq . S!! owd IUOp!' 1 ""OWOJpmlo W1 '1\ W1lU:xmd SJOj,A\. 'I 'WO:>.Q' 'I'!! uowpuAodWI .. ~o w=t,du IOU P o:ug o OOO~JA' 0 gU!'oq 'I ^ u'"ll O1OW 10 '11"10 uO'''lOq IpP!" U! JOj ,. I uO'll '''I 10 <OJ '1001 10"110 0 I _ g,q .,.U!p.lO Oql :u '0 "" "~"w 1OI<M 'I. ., lIUlIw"mugls ll"'Il ,s'llo lU'!P""g 0 gU~ g~:'q """wg" w<o"s . 'os" 'IS!! suuw:';,." ':lulu"ods l:I pUWlqO P>U!JOP . ~ 'uou"g!W JO . JO 1001 · ~o. , n gUl''"! ">Ill, . : uOjo"o'l' gU!"OIlOj 'I . ""A OJV 'I " OOJO ,glllll"P Oql ,. '"! Ul powA,,,d ,,. "!IS. S ',qWllU lU"O,!!!ug!, .~ ~lUOOJ:>d O. .(q po""P~.i ,q OJ POl""!SUO' S!J snoWOJPOUO ~O ""I 'I 1O':ll!>!q 1UIl0JlsdA J>l'A\. C , 0 UOQlludOJddl! JOj 'I ., 'lIS ~O lU!od ''Il Wo.q 'Old 'fUO ''11 pull J""'AI ~" ,p~ :u,q.. I'IUA JO I'O;! 00,' I JOj .~;;:~'.p';.; JOj >;""'0' J:~ ~:I (q P"'!WJ:)J'P :; :i~J~o ';IIW lluJdwt".l . S S"l'" q:>aS 0 . ~OIU'UIlJ' =0',. '!lqn oq ll'"! , 01 S'01UO'>1:I 1= t ""'UOO'I .(j!l!Ol!J UO!IOP J '0 dd. ''1 n.qs ~:O:J~d ~I i :;,::~'S(:,;u '!IS~WO~:'~ ..p~::: I~J~ j~:I~~:.g:!:I;:!~O U"!IOl,:~~ Ja l'jlU'P,S:U 0 d 01 '~IO' "o"pow, '"!,0dPUUlS ~!llmb "10" ',s..p '.(jt oub 101<" IO"aJ '""u OlI"WOP JOj 1lI. JO 1 ,d (.L so PO!J. 1Il1""!J'S"P S!l!.L .1 'UO'l""OOJ '!lqud .,; 0 ,..'1 pu. JOW" Z . ~O . 'gu,;o" 'g"",.. .ds ~~!! plI\l ;su ,q~ls al OjOl'f;'IS JOjo A\. C ,d (.L" C 10"" .. Ollllllas.,s lumlodw! (pll?npOW 1t11tUl?U ]0 IllU'l.U~'1l U~,w .. ">IllM . . 'II~Mm IOU OJO q'!'1M :lUJpuuadWI !! p.l0 Oql U""loq n. . ~UI A t11{ IllU ~Iq: (1t11I1 a.,,. '""PUS o. UO S~,.W JOl<M-q .. 01 "l=g JO,= 11 Olp"Jg. g,,!,,"! P W.,J1S '! ug,s (1'Ill!1I "0'1 l" 'llI""",d t ""'II sS'I 10 lU,~;,p . gU! · '"! "",'ug,s . SUOQllludod qS!J WOO!J!J 'iutu MOds JOj qS!J otltlIUp P . 0 :lul,., . J:>lo:ug JO "'~ OZ I "Ol< " 'UO!I""g!W J . gUlAoq m ., 'Il'M gUt..OIIOP'Il- . ( posn"V 0 "01 001 "! . ~=:!: :~!:=::::!I:~:=~:~::~~~~~:~:q';~U S~;:-~~:,~::::: A IlPU~1 }{l~ 'lfl 'I A old Ill!Un . d JOj OI'l"HO 0 '''''MOq P'P. . ' plI\l ,"" '!lqu S JOj'M ''11 t'tp ,.. :uV q ". ,gllll!.Jp Oql ::~ 1Il P"Op!SUOO ,q ~~dI~~(1!"'I"IUlS 'I1UOP,? :U~:':md 0, (q p,:mp~~iO,q OJ p,np!SUO' , p=gdlWl, OjO . 'SS'1 'I ""'1'.11 uuo"sdu J:>lO,\\. Z 0 uou,!,dll.ldds gU! 0'1 " 'Us ~O IU!Od 0'11 wa.q ~Jd (IUO "Il puo 10"" 1., ,pu, :u'qM IllWl JO 1001 00,' 1 JOj .~~~~' .:: JOj ''''AOS J~'~ ;~!I (q P:>U!'UJ:)J'P '~ :Oi~~o'~IW gUJ'"""O . 'lOI11M q'uS 10 IU'WlJ1l , ,=00,. '!lqn 0'1 n.qs S'''AO'>1:I 10"U'N 01 .(jQ""l Uo!wpa . '0 u,,,.go< P!lO' J~d':O;I""tp "OW ,m~:;::~~~~op;Oj POlJ>'!P "\'!q" SJ:)JO" I;>q~: ;:'~ '"",, 'suo. 'II >JOW .. . !JlUlllS I . OJ JO 10"u,~s:u 001"" b JOW" 10:>lll.lHP1"llI\l, 'dd~s mOM '!jS:)UJOP L . . . .ltjOn",;. "Ad '''tI ~ II UOIl~'y!IlIlt1p 1l!1{~ ~d~ q~y 'uOpl?,n:Jl 'Uq . 01 P'llddt1 ,q II 1{ .0 '~UUt1'l '~U!UM . 10 UOll~l~!UI 1 . :>JHPI!M . .- . . ii. . Impoundments having a surfaeeareagreatcr than 0.5 acre . at seasonal 10 w water. ' ' . d. Arc high significant for protection ofdownstream water q~ality .', ' Tributaries which contribute greater than 20 percent of the flo ~ to a Ty pc 1 or 2 Water arc presumed to be significant for 1,500 feet from their confluence with the T) pc 1 or 2 'Water or until their drainage area is less than 50 percent of their drainage area at the point of confluence, whichever is less. , I 4. "Type 4 watcr~' shall meanscgmcnts of. natural waters which arc not classified as Ty pc 1, 2 or 3. Their significance lies in their influence on ~ ater quality do w nstteam in Ty pc 1, 2 or 3 waters. These may be perermialor intermittent. This. classification, shall be applied to segments of natural waters which arc not classified as Type 1, 2 or 3, and for the purpose of protecting water quality downstream arc classificd as Type 4 \Vatcr upstream until the ehanncl ~idth becomes less than 2 feet in widthbetwecn the ordinary high-water nlarks. 5. "Type 5 water," means all other waters, in natural water courses; including streams ~ith or without a well-defined channcl, areas 'of perennial or intermittent seepage, ponds, and natural sinks. Drainage ways having short periods of spring runoff are considered to be Type 5 waters. This classification shall be applied to all natural waters not classified as Type 1,2,3 or 4, areas of perennial or intermittent seepage, ponds and drainageways having short periods of spring or storm runoff. (Ord. 2979 ~1 (part) 2/13/98, Ord. 2656 SI (part), 11/29/91.) 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 foHowing: 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 duolicate 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 adiacent to properties within the jurisdiction of the City of Port Angeles. Specific environmentallY. - 8 - 50 . sensitive features (streams, ra~kB,~~?.w.arine bluff~1fQ~aches) shall be defined and designated as 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 the general location and extent of environmentally sensitive areas. The maps shall be used to alen 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 of this Chapter, which shall govern the treatment of proposed development sites. In the event that any of the environmentally sensitive areas shown on the maps conflict with the criteria set forth in this Chapter, the criteria shall control. .. . E. The exact location of the boundary of an environmentally sensitive area shall be determined through the performance of a field investigation applying the definitions and criteria provided in this Chapter. Qualified professional and technical scientists shall perform delineations of environmentally sensitive area boundaries. For example, in areas where a Class II or Class III Landslide Hazard is suspected,'a geotechnical study would be required to specifically identify the nature and extent of the potential hazard. The Planning Director, as assisted by other City officials, has final responsibility for the accuracy of the submitted information. The applicant may be required to show the location of the environmentally sensitive area boundary on a scaled drawing as a part of a City permit application. The Planning Director may require the delineation of the environmentally sensitive area boundary by scientists and/or expens 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 performs an environmentally sensitive area delineation, such delineation shall be considered a final determination. Where the applicant's scientists and/or experts have provided a delineation of the environmentally sensitive area boundary the Planning Director shall verify the accuracy of and may render adjustments to, the boundary delineation. In the event the adjusted boundary delineation is contested by the applicant, the Planning Director shall, at the applicant's expense, obtain expert services to render a final delineation. Decisions of the Planning Director in applying this Chapter may be appealed to the City Council per Section 15.20.110 of this Chapter. (Ord. 2979 ~1 (part) 2/13/98; Ord. 2656 ~1 (part), 11/29/91.) , . . - 9 - 51 15.20.070 - Development Standards. . A. Streams. All areas falling within the corridors identified in the fOllowin. 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 Planning Director. 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. 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 Planning Director may require either additional native vegetation or increased buffer sizes when environmental information indicates the necessity for additional vegetation or greater buffers in order to achieve the purposes of this Chapter. In cases where additional buffers are not feasible, the Planning Director may require the applicant to undertake alternative on-site or off-site mitigation measures, including but not limited to a financial contribution to projects or programs which seek to improve environmental quality within the same watershed. B. 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 Planning Director: Ravines 200 feet; Marine Bluffs 200 feet; . . - 10- 52 . Beaches and Associated Coastal DfiftProcesses 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 that the proposed construction method will: a. Not adversely impact the stability of ravine sidewalls and bluffs; b. Not increase erosion and mass movement potential of ravine sidewalls and bluffs; . 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 Planning Director may require either additional native vegetation or increased buffer sizes when environmental information indicates the necessity for additional vegetation or greater buffers in order to achieve the purposes of this Chapter. In cases where additional buffers are not feasible, the Planning Director may require the applicant to undertake alternative on-site or off-site mitigation measures, including but not limited to a 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 bluff buffers, the Planning Director may approve alterations in vegetation coverage for the purposes of viewshed enhancement, so long as such alterations will not: (a) will not ifncrease geological hazards such as erosion potential, landslide potential, or seismic hazard potential; (b) will not aAdversely affect significant fish and wildlife habitat areas; and (c) will revegetate disturbed land to reduce erosion and landslide potential. . 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 - II - 53 to the best management practices. " , " " , " :;' , , ; b.. That the vegetation in erosion hazard areas will be preserved or. replaced. ., , , , 2. to adjacent properties; There will be no' increase in surface water discharge or sedimentation b:-a. There will be no decrease, In slope. stability, on adjacent properties; and , C:'Q' Either: , 1. i The~e is no hazard as proven by evidence of no landslide activity in the past in the vicinity of the proposeddevelop~ent and a quantitative analysis of slope stability indicates no significant risk to,the developmentiproposal 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. 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 geotechnical/civil . engineer as safe from earthquake damage as a similar development not located on artificial fill. This requirement may be waived for actions involving minor changes, alterations or additions to developed properties, provided that such activities do not jeopardize public health, safety or welfare on or off the site. 4. Geological Hazard Area 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 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 (SEP A) 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 . - 12 - 54 . wildlife and fisheries rearing, resting, nesting or spawning activities; (e) using best available technology to avoid or reduce irll.pacts; (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-casebasis 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. 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 . . - 13 - 55 61 - 70 .12 71 - 80 .09 . 81 -90 .06 91 - 99 .03 (Ord. 2979 ~1 (part) 2/13/98; Ord. 2918 ~1 (part) 6/14/96; Ord. 2656 ~1 (part), 11/29/91.) Section 3. Ordinance 2734 as amended. and Chapter 15.28 of the Port AngeJes MuniGipal Code are hereby amended by amending PAMC 15.28.020, 15.28.040, and 15.28.090 to read as follows: 15.28.020 - Definitions. For the purposes of this Chapter, the following definitions describe the meaning of the terms used: A. "Accelerated erosion" means any increase over the rate of natural erosion as a result of land-disturbing activity. B. "Approval" means 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. 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 Grading 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 or an authorized agent of the Public Works Department. G. "Engineer" means a professional civil engineer, licensed by and in good standing in the State of Washington. H. "Environmentally Sensitive Lands" include, but are not limited to, lands identified as environmentally sensitive or critical areas by the City in accordance with the provisions of the State Environmental Policy Act and the Growth Management Act. I. "Erosion" means the wearing away of the land or ground surface by the action of wind, water, ice, gravity, or any combination thereof. J. "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). K. "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. L. "Land-disturbing activity" means any use of the land that results in.;..lLchange in the natural cover or topography that exposes the soils or 22 may cause or contribute to erosion or sedimentation. This does not include non-destructive vegetation trimming. . - 14 - 56 . M. "Non-destructive vegetation trimming" means the trimming. topping. or pruning: of trees. shrubs. or plants. which does not result in harm to the continued life and health of the plant and does not expose the soil surface. M:-N. "Sedimentation" means the process of deposition of soil and organic particles displaced, transported, and deposited by erosive processes. O. "Viewshed enhancement" means the removal of trees or vegetation to enhance a view when proposed in a ravine and marine bluff buffers. Viewshed enhancement does not include non-destructive trimming of vegetation as defined by this Chapter. ' . 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-JF-=-f 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; 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. F: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; 6: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; H:-L. Developments larger than one acre in improved areas served by paved streets, curbs, gutters, storm drains, and other drainage facilities; f:J. Work, when approved by the City Engineer, in an isolated, self-contained area, if there is no danger to private or public property. . 15.28.090 - 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 buffer zone: No land-disturbing activity shall be permitted in an approved wetland buffer zone, 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 - 15 - 57 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 measur~s such as pipes, structures, or other devices. F. Viewshed enhancement. In ravine and marine bluff buffers. alterations in vegetation coverage for the purposes of view shed enhancement may be approved. so long as such alterations: (a) will not increase geological hazards such as erosion potential. landslide potential. or seismic hazard potential: (b) will not adversely affect significant fish and wildlife habitat areas: and (c) will revegetate disturbed land t6 reduce erosion and landslide potential. F:G. 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. Section 4. Ordinances 1709,2103,2109,2797, and 2293, as amended, and Chapters 17.08, 17.15, 17.17, 17.20, 17.21,17.22, 17.23 and 17.96 of the Port Angeles Municipal Code are herebY. amendedbyamendingPAMC 17.08.105,17.15.040,17.17.040,17.20.160, 17.21.160, 17.22.160, 17.23.040 and 17.96.060 and adding PAMC 17.08.115 to read as follows: 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. (Ord. 2861 S 1 (part), 3/17/95) 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. (Ord. 2861 S 1 (part), 3/17/95) 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. (Ord. 2861 SI (part), 3/17/95; Ord. 2652 SI (part), 9/27/91; Ord. 1709 SI (part), 12/22170) D. Use, Principal - the main use of land or buildings as distinguished from a subordinate or accessory use. (Ord. 2861 S 1 (part), 3/17/95; Ord. 2652 S 1 (part), 9/27/91; Ord. 1709 S 1 (part), 12/22170) . - 16- 58 ,:,"{~<.",;-<'.:.'~:;'" . . E. Utility Building or Structure - aninstallation 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. (Ord. 2861 S I (part), 3/17/95; Ord. 2652 S I (part), 9/27/91; Ord. 1709 Sl (part), 12/22170) 17.08.115 - "W" 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, poles,towers, cables, wires conduits, ducts, pedestals, vaults. buildings, and electronic and switching equipment. . 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. Hospitals. frG. Libraries. 1. Motels. :f:H. Nursing and convalescent homes. lei. Public and private schools. I:7J. Public parks and recreation facilities. M:K. Residential care facilities. N:L Social service agencies providing 24-hour residential care. 6:-M. Utility buildings and structures. P:N. Other uses compatible with the intent of this Chapter. (Ord. 2956 S3, 4/25/97; Ord. 2948 S5 9part), 2/14/97; Ord. 2861S 1 (part), 3/17/95; Ord. 2796 S6, 2/11/94; Ord. 2668 S3 (part), 1/17/92; Ord. 2666 S3 (part), 1/17/92; Ord. 2652 S6 (part), 9/27/91; Ord. 2636 S9 (part), 5/15/91; Ord. 2535 SI, 5/24/89; Ord. 2397 SI (part), 6/16/86; Ord. 1709 SI (part), 12/22170) . 17.17.040 Development Standards. All Home Occupations shall comply with the following development standards: A. There shall be no exterior display, no exterior sign, no exterior storage of materials (not including commercial vehicles), and no other indication or appearance of a business that would detract from the residential character of the area. B. If the operation is the type where customers or clients come to the home, the Planning Director shall determine the number of visitations per day that is compatible with the area. C. If customers or clients visit the home, the hours of operation shall be from 9:00 AM to 5 :00 PM, unless otherwise specified by the Planning Director. D. Ifthe operation is the type in which classes are held or instruction given, the Planning Director shall determine the number of students per day that is compatible with the area. E. Employees working on the premises shall be limited to members of the family - 17 - 59 residing in the dwelling unit, unless otherwise specified by the Planning Director; PROVIDED that the number of non-family employees shall not exceed one. .. . F. On-premise retail sale of goods not produced, processed or fabricated in the dwelling unit shall not be permitted. G. Home Occupations shall be conducted in whole or in part in the dwelling unit but not in an accessory building unless otherwise specified by the Planning Director; PROVIDED that the dwelling unit and accessory building in which the Home Occupationis.conducted shall occur on the same parcel. (Ord. 2861 91 (part), 3/17/95;Ord. 259594,6/27/90; Ord. 226593,9/19/83; Ord. 2103 97, 10/18/80) H. The number of off-street parking spaces shall be determined by the Planning Director. Any improvements to the parking area shall be determined by the City Engineer in accordance with Chapter 14.40 PAMC whereby said improvements shall be completed within two years of the date of approval. 17.20.160 Conditional Uses. A. Art galleries and museums. B. Assisted living facilities. e. Beauty shops and barber shops. D. Business colleges; music, art, and dance schools. f: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. Motels. ~L. Nursing and convalescent homes. EM. Off-street parking lots not associated with a permitted use on the same site. eN. Public parks and recreation facilities. M:O. Residential care facilities. N: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. &Q Utility buildings and structures. P:R. Other uses compatible with the intent ofthis Chapter. (Ord. 3007 95 (part), 1/15/99; Ord. 294895 (part), 2/14/97; Ord. 2861 91 (part), 3/17/95; Ord. 2702 91,8/14/92; Ord. 265298, 9/27/91; Ord. 263595,5/15/91; Ord. 227891,12/26/83; Ord. 2109 95,12/7/80) 17.21.160 Conditional Uses. A. B. e. D. &E. EF. f:G. Churches Fire Stations. Gasoline service islands, accessory to convenience or grocery stores. Motels. Off-street parking lots. Self-service car washes. Social clubs and fraternal organizations. . - 18 - 60 , .~~'>,~- ''',;:o~_.'' ',' _>,_:' "'-, . 6:H. Utility buildings and structures. H:1 Other uses compatible with the intent of this Chapter. (Ord. 2861 S 1'(part), 3/17/95; Ord. 2797 S3, 2/11/94) 17.22.160 Conditional Uses. A. Fire Stations. B. Frozen food or cold storage lockers. C. Motels. €:D. Off-street parking lots. &E. Self-service car washes. frF. Social clubs and fraternal organizations. f:G. Utility buildings and structures. 6:H. Other uses compatible with the intent of this Chapter. (Ord. 2861 S 1 (part), 3/17/95; Ord. 2797 S4, 2/11/94) . 17.23.040 Permitted Uses: A. Retail: 1. Auto supply stores, service stations, self-service gas islands, 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. 4. Businesses selling medical supplies, goods, instruments, medicine, and similar items. 5. Chain saw sales and service stores. 6. Commercial recreation establishments, such as bowling alleys, theaters (movie and others), skating rinks, driving ranges, putt-putt golf courses, and video arcades. 7. Farm equipment stores, garden supply stores, nurseries. 8. 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. 9. 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, and supermarkets. 10. 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. 11. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. 12. Motels, hotels and hostels. 13. Specialty shops, such as bicycle, book, computer, florist, gift, hobby, toy, pet stores, video rental. 14. Shopping centers, not exceeding 100,000 square feet in building floor area. . - 19 - 61 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. 7.6:- Child day-care centers and pre-schools. 8.7: Churches. 9.8: Detoxification centers. lQ.,9: Equipment rental stores. .l.L* Financial services offices, such as bail bond stores, banks, financial institutions, insurance companies, real estate services, stock brokerages, and title companies. lbtt: Furnishings repair shops, such as upholstering and reupholstering shops. .ll:. tz:- Governmental and social service agency offices. H.:.t3: Laundries, commercial, dry cleaning shops, laundries, self-service and tailor shops. Q t=r. Libraries. lQ..t5:- Medical/dental offices and clinics and laboratories. lL.t6:- Personal services facilities, such as barber shops, beauty shops, exercise and reducing studios, and travel agencies. ~ H: Printing, blueprinting, photo developing and reproduction, and sign shops. . l2:. t8: Public parks and recreation facilities. 20.+9: Repair services shops, such as appliance repair, shoe repair, and TV and stereo repair services. C. Institutional: 1. Clubs and lodges. Residential: 1. Residential uses that are permitted in the RHD zone and comply with the RHD area and dimensional requirements. 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. D. . - 20- 62 ,'. ,';'~'; ,; , <,~,;,( . G. Mixed Commercial/Residential Developments. (Ord. 3007 S5 (part), 1/15/99; Ord. 2861 SI (part), 3/17/97; Ord. 2742 Sl, 1/29/93; Ord. 2652 S12, 9/27/91; Ord. 2636 S6 (part), 5/15/91; Ord. 2591 Sl, 5/25/90; Ord. 2293 Sl (part), 4/4/84.) . 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. t:2. Correctional facilities. z.:.3. Gun clubs, skeet shoots, target ranges, and firing ranges. 3:4. Hydroelectric dams. 4:~ Oil ports (facilities which will result in the receipt of more than an average of 50,000 barrels per day of crude or refined petroleum which has been or will be transferred over marine waters). 5:6. 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. fr.L. Processing and rendering of animal byproducts. 7:8. Quarrying and mining. 8:9. Refuse disposal sites, dumps, sanitary landfills, and incinerators. 9:.lil Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits. tfT.1L. Transfer stations for refuse and garbage. 12. Wireless communication support structures that exceed the maximum building height specified bv the particular zone. tt:J.J... 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. (Ord. 2861 S 1 (part), 3/17/95) . - 21 - 63 Section 5. Ordinances21OJ, 2483,;and 2471, as amended, and, Title 17 of the Port Angeles '. Municipal Code are hereby amended. b~ amending the titles of C.h~pters ,17.17, 17.18, and 17.26- P AMC to read as follows: . Chapter I 7.1 7 . , HO - HOME OCCUPATIONS CONDITIONAL USE PERMIT I ' CHAPTER 17.18 BED AND BREAKFAST CONDITIONAL USE PERMIT Chapter 17.26 RS - RETAIL STAN)) CONDITIONAL USE PERMIT Section 6. Ordinance 2911 as amended and Chapter 18.02 of the Port Angeles Municipal Code are hereby amended by amending P AMC 18.02.070, 18.020.080, and 18.02.120 to read as follows: . 18.02.070 Application Review Process. A. Public Hearing Limitation. There shall be' no more than one open record hearing and one closed record appeal conducted by the City on any'development application. B. Optional Consolidated Review. 1. When requested by the applicant, the City shall provide a single application review and approval process covering all development permits requested by an applicant for all or part of a project action and shall designate a single permit coordinator for such review. 2. If an applicant elects the consolidated permit review process, the determination of completeness, notice of application, and notice of final decision must include all project permits being reviewed through the consolidated permit review process. 3. Consolidated permit review shall be limited to a single open record hearing and no more than one closed record appeal. 4. In the case of consolidated project permit review, the Planning Commission shall conduct the single record public hearing and shall make the initial determination on the permits, which determination shall be either a recommendation or a final decision, depending on the processing requirements established by ordinance for each specific permit involved. The City Council shall be either the final decision-making or appellate body, depending upon the permit processing requirements for the specific permits involved. C. Single Report. For project permits included in consolidated permit review that do not require an open record predecision hearing, the City shall provide a single report, which may be the City's permit decision document, which states all the recommendations and_ - 22- 64 I, - .~-':~:~)lt:'-,:~1~r~'~r;t\; ;",.-- . decisions made as of the date of the report on all related permits for the project. If a threshold determination other than a determination of significance has not been issued previously by the City, the report shall include or append this determination. D. Combined Meeting or Hearing With Other Agency. 1. Meetings or hearings on any project permit may be combined with any meeting or hearing held by another local, state, regional, federal, or other agency, provided that the meeting or hearing is held within the geographic boundary of the City. schedule in the event that additional time is needed in order to combine the hearings. 2. Hearings shall be combined if requested by an applicant, as long as the joint hearing can be held within the time period specified in this Chapter or the applicant agrees to the E. Threshold Determination Appeals. Except for the appeal of a determination of significance as provided in RCW 43.21C.075 and WAC 197-11-680, appeals of other threshold determinations shall be submitted prior to and combined with any predecision open record public hearing, if one is provided for the development application involved or combined with an appeal of the underlying proiect decision per PAMC 18.02.120. F. Notice of Decision. A notice of decision, which may be a copy of the report or decision on the project permit application, shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application. The notice of decision shall be consistent with Chapter 36.70B RCW and shall include a statement of any threshold determination made under Chapter 43.21 C RCW and Chapter 197 -11 WAC and the procedures for administrative appeal, if any. For non-administrative approvals, notice of the decision shall be published in the City's officially designated newspaper. (Ord. 2911 ~1, 3/29/96) . 18.02.080 - Concurrent Environmental Review. A. Development permit applications subject to the provlSlons of the State Environmental Policy Act (SEP A) shall be reviewed in accordance with the policies and procedures contained in the City's Environmental Policy Ordinance, Chapter 15.04 PAMC. B. SEP A review shall be conducted concurrently with development permit application and review. The following are exempt from concurrent review: 1. Projects categorically exempt from SEP A. 2. Components of previously completed developments or actions for which an environmental impact statement has already been completed, to the extent that SEP A allows. C. The following requirements shall apply to concurrent SEPA review: 1. Except for a threshold determination of significance, the City may not issue its threshold deternlination or issue a decision or a recommendation on a development application until the expiration of the public comment period on the notice of application. 2. If a public hearing is required and the City's threshold determination requires public notice under Chapter 43 .21 C RCW, and Chapter 197 -11 WAC, the City shall issue its threshold determination at least 15 days prior to the public hearing or shall comply with procedures under WAC 197-11-355. Optional DNS process. 3. Comments shall be as specific as possible. (Ord. 2911 ~1, 3/29/96) . - 23 - 65 18.02.120 - Administrative Appeals. ..' .,' , A. If anadministrative;appeal of the project decision is provided by, ordinance,. combined with any environmental determinations, such appeal shall be filed within 14 days after the notice of the decision or after other notice that the decision has been made and is appeal~ble. The City shall extend the appeal period for an additional seven days. if state or local rules adopted pursuant to Chapter 43.21C RCW allow public comments on a determination of nonsignificance issued as part of the appealable proiect permit decision. B. The time period for considering administrative appeals of project permits shall not exceed: 1. 90 days for an open record appeal hearing; and 2. 60 days for a closed record appeal; provided, however, that the parties to an appeal may agree to extend these time periods. (Ord. 2911 ~1, 3/29/96) Section 7 - Severability. Ifany provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 8 - Effective Date. This Ordinance shall take effect five days after the date of day of December, 2000. held on the MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney PUBLISHED: By Summary F :\ORDINANCES&RESOLUTlONSI2000-18.ord. wpd . - 24- 66 -------------------------------------------~-T~:~-:;_-";;:,~::;i<~:;:~--------------- . CONDITIONS, FINDINGS AND CONCLUSIONS IN SUPPORT OF MUNICIPAL CODE AMENDMENT - MCA 00-03 - CITY OF PORT ANGELES: Findings: 1. The applicant, City of Port Angeles, proposed Municipal Code Amendment to change several sections of the Port Angeles Municipal Code, including Chapters 15.04 Environmental Policy, 15.20 Environmentally Sensitive Areas, 15.28 Clearing and Grading, and 18.02 Consolidated Development Permit Process and Title 17, Zoning. 2. The changes proposed to Chapter 15.04 Environmental Policy comply with current state laws, in compliance with R.C.W. 36.70B, Local Project Review. 3. The first amendment to Chapter 15.04 proposes a change to the comment period in Sections 15.04.180(C) and (F) from 15 days to 14 days in order to be consistent with permit process integration and streamlining requirements. 15.04.180 Use of Mitigated DNS. . C. The Responsible Official should respond to the request for early notice within fiftu1f (15) founeen (J4) working days. F. A Mitigated DNS is issued under WAC 197-11-340(2), requiring a fiftUll founeen day comment period and public notice. 4. The second amendment to Chapter 15.04 clarifies the appeal section so that appeals of a Determination of NonSignificance associated with permits processed under Chapter 18.02 in order to ensure that only one open record hearing and one closed record appeal hearing is held. Appeals of a DNS for non-project actions, such as the legislative amendments that we are currently reviewing, are not subject to "Regulatory Reform" requirements. . 15.04.280 Avveals. The City of Pon Angeles establishes the following administrative appeal procedures under RCW 43. 21C. 075 and WAC 197-11- 680: A. Any agency or person aggrieved by an action of the City may appeal the City's procedural compliance with Chapter 197-11 WACfor issuance of the following: 1. A final DNS. Appeal of the DNS must be made to the City Council within founeen (14) days of the date the DNS is final (see WAC 197-11- 390(2) (a) for those determinations associated with a permit or action not subiect to review under PAMC 18.02. For those determinations subiect to PAMC 18.02. the filing of the avveal shall be consistent with the requirements of that chaDter and made within founeen (J 4) days of the date of decision. 5. The proposed administrative amendments to PAMC 15.20, Environmentally Sensitive Areas are minor in nature. The new definitions proposed under 67 68 Findings and conclusions - MeA 00-03 Page 2 15.20.030 (K, 0, U) are proposed so that ~consistency between 15,.20 and 15.28 Clearing'and Grading Code is made. The proposed amendments would .'. result in distinguishing the minor act of trimming limbs and shrubs (so long as damage to the plant does not result) from tree ,removal and/or exposure of the soils which can often times affect the integrity and/or stability of a bank or bluff. The additional defmition U - Viewshed Enhancement would include those activities in a sensitive area such as tree removal 'or grading which should not be exempt. 15.20.030 - Definitions. For the purposes of this Chapter, the following definitions shall apply: K. ('Land-disturbing activity" means any use of the lmid that results in: 1) change in the natural cover or tooograohy that exooses soils or 2) may cause or contribute to erosion or sedimentation. This does not include non-destructive vegetation trimming. P. {Nondestructive vegetation trimming II means the trimming. tooDing. or oruni ng of trees. shrubs. or olants which does not result in harm to the continued life and health of the olant and does not exoose the,soil surface. U. (Viewshed enhancement II means the removal of trees or vegetation to enhance a view when proposed in a ravine and marine bluff buffers. Viewshed enhancement does not include non-destructive trimming of vegetation as defined by this chaDter. . 6. The proposed amendment to Defmition V - Water Types is to reflect recent emergency rules changes that are effective between March 2000 and June 2001 as well as proper reference to WAC 222-16-030. Because the water typing definitions have been under scrutiny associated with the Forest and Fish Report, emergency legislation, court appeals and because it would take several years for new maps to be available, staff recommends that a simple referral to the Washington Administrative Code (WAC) definitions be made until this issue is sorted out. An alternative would be to include the new definitions according to current WACs which means that we may need to re-evaluate the defmitions to avoid code conflicts if they are changed again next year. V. "Water types" include categories established ptllStttLllt to and defined in WAC 222-16-020 mM -030, as amended. Refer to the WAC for a current description. follort!s. ;. "Type ; rt!tltel " means all wat€fs, rt!it}lill their ordinary high-rt!at€r malk, as iWoIentol'ied as "s!zm elilles of the state" tlfldel chapter 90.58 R. lV., btit Ilot incltlding those rt!atel s' associated rt!etlands. 2. "Type 2 water" shall mean segments ofllattll{il rt!atefs rt!hidl me Ilot dttssified as Type; Wttlel and have a high tlU and ale importallt flom a water qtttllity stalrdpoillt fm domestic rt!{itel sttpplies, ptiblic I eo eatioll, fish spait!ning, leal ing, ()I migmtiml mrt'ildlift tlUS, or me highly significant to pl()tect rt!atel qtlality. This clttssification shaH be applied to segments o.t nattll {il rt!atel S rt!hich. . a. Art' divertedfm domestic tlSe by mfJIe thall ;00 ,esidential m cttmpiftg tlllits ()I by a pttblic aCCfJl1ll1lodatioll fttcility licenud to un: e 17l()l e thall ; 00 persolls, 'rt!here stlch dir:elsioll is determined by the Deptt1117lent of l'/attiral ResOtll as to be a valid applopliatioll of rt!atel aiM the ollly pmctical 'rllatef sotira fm stich tlU1S. 69 & W T /1ellJ IIJU/fJ W 18J~t1 t ' SSe SI P91P e2mIJP Ip . , ;wn~.ld 9./P leJ~t1 Z ' r. 11>;JJ.d (J<; 11",1 I,' r 11W!ft1l~!,.q I>t I' 'AJI}1J1Ib r.>>/1J>!imII" 'I' '!""I /;~:, mlN 11<<> if 1>>/ 00> [ I'!,.; >IJIq~IU'" 'P!'.~< "! wmq/I.L , .<1.(1 ''III/!!'''. =1>1I/J , r.' 1I:>:J.l>d Ol'I1JlfIl>lV> I, ,; I 'P IJP !i '0 ed! T P OJ IHqf el,J;r() J d wl Juroif!u21S 1, 2,1, y ~ 4~ ()j IPUOfPef JP 9 10 [ "" n '" IIQlP#IO I , , 1>1'" > "&1M'.". ,~ , 0 1>1"" uw..... " . 'II , 1>J1}a1. t.elllfnftwdllll .. f ;;nql.JJ [ '0 um,J . Jvjtll'" 2.I1!'PIJ SII P 'pll",.. I>d 1>'" , 1/1 1>111>111 10 limp J'III>I~ II>IP · q s<>l/o III>!ptMII P plI 10 'VI'<m<l.q 1/1l'!A , '11I>:Jl>d (.[ 'IP, '''II'''U I>W''''I/f!J1/ UPIIlp ,; '.m I<&N r, 1>1111"''' P plIP 'rnuli>",/W liS , , .. "IJ · "1 [m1!PP P 2.I1!''''' SII r "'I VI'" ,,_ "".r n. Ii> /ilI1UVlp "~I= 2.IIM'01l'!,. , " }......;r Ot;r d ~m~I/~"", I . ' O. .>lun=- >lP '-', , '. II ' nllPillll>p/<>1 JIIP.>!/!l~!:~;~I: ~'=!/!lI~!S ^1,;,~:,;~ 1>1"'" ""1IPI"'_s W >J:) , r UlJ2. IU>p'<> I , I>t PII"O lIP , , , 'II'Y n , 'r 1I0ll/O.tpPIIP liP Qdlll' '!/ "'KJI.d (.[ IIPIf, '111=1' ,sY' >j.tll' P ~1I/<l"'1 S1Il>IuplI1I r; ro 11111> mcbz ""I pllP I 'III I>IV> I~ 10 'IPVJ ">/ fo p;) IP 'JI'- ,no IIPI/I ..,CfU/ 10 '11'" r ' I" 10 .. q 1I.><wq IIIPI' , t '1e8f.IrolJ.le.. Ot -:>1rJAA-v2w Pa/PJI.F I d '" '=/1)1II 1_ " '. S>I. ~"IIIII'PIJ pllP ..,. :I. "UII>IIS I :I. "W I>t 1'>'1/1/ S s91 fo Jlt.elpP 'p..;!/>p P IIII/<l"'l '111ilIU · r ""OJUO tpPlIP 11""'!f!1I I~ IP~ I %1/1,," "ds 1'>/' fo pllllmp '."" lJfY '1I01/PJ~!1II w "! 2I11A 1JV ~/eJPlt1 . . q ",Vlr;} ~1I!""IJ<4 .,q , ~ Iii" Ai{ p>m .ty '''>/ '1 >lP "'!!'! 1>). ;'/1) '" ""1'""11 JUWY!' , r " 101 1I111"'~/p .101 l{I'y mOll"'lp , >2"'/1"'1' "JlI!)lOJ .10 I>>, 00>,,;., 's;>w,: 'Pn& ' ' I>J I>d 0, Ai{ I="f'>.1 S! P"''' .dr.,!.q 01 pal>P!"''''' ;;1:1. Idm. P!l1J.' P .q .leA e1.,'.Jll,(~ Jdl IUO.r 1II">lJSdn I>WM. f >lq pup .19}rW fo UOp . e, 18V4~ 'rIWH9d rQ 111111-- ''11 ~ 1):1" lit "/,''' , S 1>' If' 10"" ' " 'P"' , 'of>;) I1IQ' "W" I"", "(q [mlllll/>I>P '!lIP! '( 'w SIIII1I )luldll= 10 's,mll 'P"' I , ,~"'" ro )ll>lU).lllcba ",I '~";IIIII=V .!1qnd v q , Q<>H 1",_." , f. ."r,,,,,"7~ '" ()) <>;JJ1I . , "" ()) 1'>"=!1 ..!I! , 'r nl>'lp >II' 'AJllrmg .1,_ o [ '/1)1/1 >lOll: :~q >10.. Ai{ "" .!I'>IU~. ;;:;"~q ~ 1I01J1X'!f!swp :i'//; "" i . ~II"",,'d, 1"1)1..",<>1 0, , rO SIII.lIIiI" ()) 1'>,1 , 10 1I0'mlll!11/ 10 , r '"/WQdzlll ' ".. 1",111"" , '<>SlI .rllPI" 'b m" P 11I01j . 'IPII/" "'>1 " ">lru>POIII iMPIJ JO r ;;IIOdp,IVJS AJ!1"" ", <1.(1 <P 1'>!fi.<WP 1011 ):)'IQld 01 ""1"', d '..II 'pmuop J<), , 'pIIP I>WA' Z 10 .' . 'I'Y '1I0!/1)>JJ.J .11qn"" wIh1s ()) >/PJ>p<>lU v iM~ I>JV,I\ f .<1.(1." f.. JO J'_I~ r.1>1V I>pO/U "/1) pllP' , Ii, 'PI>II.a., ,_u nm. " 'm"" ""1I"IIOSP , "<I >IV" I" 11111111 , , >.IV "'I~' '>Iunlmodlu: '!/ 'lI/;};]..d t IIV~J 2.111' IIIJ SII, r V>I ~ ' ro II> 10 ""vjtll' V , I" 1/>;)" I>q 1/11'1" "I 1>1 10 ...V , , " 1':1.11' "/VII!J'.IO . " ~I"'U I>w.o, , " " ~ 2111''''11'1/1) <',. ~ S l/IV'IIS 'I d s:m'''''):Iru11l, "'1 fo 1I"'!pP.1 ~ p;;;!/>p v 2.I'!APIJ <Il1;U'~~rjIV ""III/ 01 p3lUII<>I ~IV ,oi ;rsy "1lV~ 10 1>>/ OZ 1>111/1), dod ,'sy P=!ftll l' ,,' 2l11l11> I '2.I1/1"'P S " ' ''''''!I,,!II, '@'WI~!'U 10, 'J ' ~"""'I '1>1'11\ , "' Ai{ 1'>"" ''1' '1II>Iu~O.Id1U! 2I114A()jI'if 91,J . -nf1rJ ro J>.le'P1I11UI1J1JUPJsq d IO.f91qPl1rJt!P , Q ""0/11{> lp- , ."" .'Iqn , , , 11""'<>1 I r , IllIq", "'II'" pI/1) '. 01 P>l'PIrIlOJ ' "'" 2.I11d1= v 10 1>>, ()(), ;;'" 'pll1IO.IiIdJ= v 1>111 , . iO/II ~;I/'"I/ 'pd leVJ() .w ]!TJ..IJ J. . q ell.} ~V:JW.I 11 l!1 QII1dIllro O[ I1Pl,J . ~. " 'Ii> "'VpuIlO , ',. I<Q Id "11,m ., , "f'l1V{ 'f.I1JQ >1,1, , >V' Will '........"" P>1', r~ 1111'1'" >.II' q '''>) S} Pl (,\: ItJ.J1J~ . .,. t"F t t IPltJ.Pe, ",. . t . 9q JOU 11 ,. d t() 'Iv.oI "Wlr . , " ,()/ '''''''''''/p lid , >IV' u.. . . ..roo> , " , ptmO.l---'u/).- -- ", . .!imIl1J.1p '1/11/ll11l 10 I-"q /1"1" 'J>JVA' 'Pn& (. ..Al"f'>.I" V>I" , p>.J>p"'''''' . , f ,god J,' 'I/J!I/" 'lI",:wd 0, r ,;,:"llsdn J~VM Z .df.1 .q 01. " 0-00 r:m . '""""l'.ro PO" ""!P~d · '" )lllod '1/IIUOJj f lpn,.. ;r . . . . Findings and conclusions - MeA 00-03 Page 4 at the ptJillt of cmifll:Ullce, rtihichevel is less. 4. ''Type 4 ware I " shall meall ug me1lts of'llattiral rtiatel s; rl/hiCh al e ' Iwt clttssified as Type;, 2 m3. Theil sigllificttnce lies in their illfltience tJll rtiater . . qtiality dtJ rtinstl eal1l ill Type;, 2 m 3 rtiatelS. These may be pel e1lnial m intel1llitunt. This classifictttiml shall be applied to Jegl1lellts of llatm"ttl wate, S rtiflich (jJ e llot classifie d . as Type ;, 2 01 3, and for the pm'Pou of pi otecting rtiCtUI qtiality do rtitl.Jtl eam (jJ e clttSsified ttS Type 4 nYirel tipStl eam tilltil the challnel rtiidth beCfJ17les less thall 2 fret ill rtiidtfl between the mdillary high-rtiatel .I1lalks. 5. "Type 5 rtiater" meam all othel rtiaters, illllatmal rt!tltel CfJtiIUS, illcltidillg sl1 eams 'ytiith ()1 rtiithOtit a rtiell-defined chanllel, (jJ eas . of pel e1lllial or' illte'11litte1lt seepage, ponds, alfdllatmal sinks. D,aillagt ways havillg short peritJds of Jpl illg I mwff (jJ e c01lSidered ((J be Type 5 rtiaters. This classificatimlshall be applied . to all nattt/"ttl rtiatels not classified as Type ;, 2, 3 m 4, al eelS of pel elZnial or int-emlitte1lt seepage, pmlds and dtaillagertiays ha rillg short pel iods of $pI ing or Stol17l rUlloff. 7. The following proposed amendments to PAMC 15.20.040 (B) may help to integrate permit actions and lessen the number of permit decisions or actions that will be needed to be made. Examples would be combining an Environmentally Sensitive Areas approval with a clearing and grading permit, and also other actions, such as an ESA approval with a shoreline substantial development permit. Amendment to Subsection liD" provides clarification as to the jurisdiction of the code. 70 I 15.20.040 - ADDlicability. 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 specifi c analysis which indicates that any element regulated by this Chapter is present will result in an area being classified as environmentally sensitive. 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 ordinan ce of the City of Port Angeles or the Revised Code of Washington. Where Dossible. the City shall attach conditions to develoDment DroDosals or combine permit decisions to ensure compliance with this chapter while alleviating dUDlicate Dermit decisions. D. This Chapter applies to all environmentally sensitive areas located on or ad;acent to DroDerties within the jurisdiction of the City of Port Angeles. Specific environmentally sensitive features (streams, ravines, marine bluffs, beaches) shall be defined and designated as 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: . 8. The proposed amendments to the definition section of Chapter 15.28 would coincide with those proposed in the Environmentally Sensitive Areas Code. The proposed . . . Findings and conclusions - MeA 00-03 Page 5 amendments to the exemption section under 15.28.040 would clarify that minor activities such as pruning trees would be exempt from the public notice and SEPA requirements. The proposed additions to 15.28.090 to add viewshed enhancement criteria would be consistent. . with the existing requirements set forth in the Environmentally Sensitive Areas Code under 15.20.070(6). 15.28.020 - Definitions~ For the purposes of this Chapter, the following definitions describe the meaning of the terms used: L. "Land-disturbing activity" means any use of the land that results in: D-change in the natural cover or topography that exooses the soils or 21 may cause or contribute to erosion or sedimentation. This does not include non-destructive vegetation trimming. M. "Nondestructive vegetation trimming 11 means the trimming. toooing. or pruning of trees. shrubs. or olants which does not result in harm to the continued life and health of the olant and does not exoose the soil surface. O. "Viewshed enhancement 11 means the removal of trees or vegetation to enhance a view when orooosed in a ravine and marine bluff buffers. Viewshed enhancement does not include non-destructive trimming of vegetation as defined bv this chaDter. 15.28.040 - Permit Exemptions.' Written permit exemptions shall be issued by the City Engineer. The following shgll be exempt from the permit requirements of this Chap ter, provided that the exemptions set forth in Subsections G-JF-=-l shall not apply in situations where properties include environmentally sensitive areas: L Non-destructive vegetation trimming with oroper removal and disoosal of debris. 15.20.070(8) (6J. Viewshed enhancement. In ravine and marine bluff buffers, the Planning Director may approve alterations in vegetation coverage for the purposes of viewshed enhancement, so long as such alterations will not: (a) Increase geological hazards such as erosion potential, landslide potential, or seismic hazard potential; 11.0r (b) Adversely affect significant fish and wildlife habitat areas: and will (c) Revegetate disturbed land to reduce erosion and landslide ootential. - 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: F. Viewshed enhancement. In ravine and marine bluff buffers. alterations in vegetation coverage for the ourposes of viewshed enhancement may be aooroved. so long as such alterations will not: (a) Increase geological hazards such as erosion potential. landslide potential. or seismic hazard ootential: nor '-71 J Findings and conclusions - MeA OOe03 Page 6 (bJ Adversely affect significant fish and wildlife habitat areas: and will (cJ Revegetate disturbed land to reduce erosion and landslide potential. 9. The proposed amendments to Title 17, Zoning Code, are minor in nature and generally pertain to clarifica:ti~n of definitions and land uses. The proposed amendments to land uses that are specified in various zoning designations are generally a result of issues that have been raised throughout the year, many of which are associated with the analysis of the proposed drug and alcohol center in the RHD zone, as well as compatibility of . new cell tower placement with adjacent uses, along with establishing' an adequate review process for such proposals. 10. Through the review and subsequent approval of the drug and alcohol treatment center in an RHD zone, it was also discussed that hospitals and motels do not belong in that zone. In order to allow for new motel facilities, the Planning Departmennecommends that they be allowed by conditional use approval in the CO, CN and CSD zones. Motels are currently permitted in the CA and CBD zones. Also, allowing drug and alcohol centers in the Commercial zones as a conditional use should also be made. 17.15.040 Delete hospitals (G) and motels (I) from the RHD zone. 17.20.160, 17.21.160, 17.22.160. Add Motels as a conditional use in the Commercial Office, Commercial Neighborhood, and Community Shopping District. 17.20.160 17.23.040 Add chemical dependency treatment centers as a CUP in the Commercial Office zone. Add chemical dependency treatment centers as a permitted use in the CA zone. 11. The following amendments to definitions in Title 17, Zoning, will improve the current regulatory process for reviewing the placement of new telecommunication towers. This includes adding a definition for wireless communication facilities, amending the definition of utility structure and also adding telecommunication facilities that exceed the maximum building height as an unclassified use. 17.08.115 17.08.105 172 Add definition of wireless communication facilities, asfollows: Wireless Communication Facilities (WCFs)...means an unstaffed facility for the transmission and/or reception of wireless telecommunications services included 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, poles, towers, cables, wires conduits, ducts, pedestals, vaults, buildings, electronic and switching equipment. Amend definition of utility building or structure to include wireless communication facilities to which the structure heifht is less than the maximum buildinf: heifht of the zone in which is will be located. . . . . . . Findings and conclusions - MeA 00-03 Page 7 17.96. 060 (D) Add to list of unclassified uses: wireless communication support structures that exceed the maximum building height specified by the particular zone. 12. The following minor amendments are proposed to address grammatical, typographical or other minor corrections in Title 17. Various Remove "conditional 11 in titles of 17.17, 17.18, and 17.26, as well as the table of contents for these sections. 17. 96. 060 (D) Add to list of unclassified uses: 1) aquaculture 17.17.040(H) Add: The number of off-street parking spaces shall be determined by the Planning Director. Any improvements to the parking area shall be determined by the City Engineer in accordance with PAMC 14.40 whereby said improvements shall be completed within two years of the date of approval. 13. The proposed changes to PAMC 18.02 are minor in nature and would be consistent with the 1997 changes to R.C.W. 36.70B, Local Project Review. 18.02.070 Apolication Review Process. F. Notice of Decision. A notice of decision, which may be a copy of the report 0 r decision on the project permit application, shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decisio n or submitted substantive comments on the application. The notice of decision shall be consistent with R. CWo 36.70B and shall include a statement of any threshold determination made under Chapter 43.21C RCW and Chapter 197-11 WAC and the procedures for administrative appeal, if any. For non-administrative approvals, notice of the decision shall be published in the City's officially designated newspaper. 18.02.080 - Concurrent Environmental Review. C. The following requirements shall apply to concurrent SEP A review: 1. Except for a threshold determination lJf significance, the City may not issue its threshold deUl11li,ttltilJn (Jf iSS1:le a decision or a recommendation on a development application until the expiration of the public comment period on the notice of application. 18.02. 070(E). Except for the appeal of a determination of significance as provided in R. C. W. 43.21 C. 075 and WA C 197-11-680, appeals of other threshold determinations shall be submitted prior to and combied with any predecision open record hearing, if one is provided for the development application involved or combined with an aDDeal of the underlying Droiect decision per PAMC 18.02.120. 18.02. 080(C) (2) If a public hearing is required and the City;s threshold dete rmination requires public notice under Chapter 43.21C R.C. w., and 197-11 WAC, the City shall 73 14. 74 Findings and conclusions - MCA OO-OJ Page 8 issues its threshold decision at/east 15 days prior tothepublic hearing or shall comoly with orocedures under WAC 197;,11-"355 . Ootional DNS orocess. . 18. 02. 120(A). If an administrative appeal of the project decision is, provided by ordinance, combined with any envin:mmental determinations, such appeal shall befiled within 14 days after the notice of the decision or after other notice that the decision has been made and is appealable. TheOty shaU'extend the appeal oeriod for an additional seven days. if state or local 'rules adoptedoursuant toChapter.43.21C ' R.C. W. allow oublic comments on a determin'ationofnonsignificance.issued asoart of the apoealable oro;ect oermit decision. .: . :' .. I The following Comprehensive Plan. policies are' most relevant: to the proposed amendments: a) Growth Management Element, Policy (A)(I)(g) - Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability; b) Land Use Map Goal, Policies and Objectives - Goal A-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 challenges and opportunities of the future;. c) Goal B ~ To have a community where residential development and use of the land area done in a manner that is compatible with the environment, the characteristics of the use and the users, and the desired urban design of the City; d) Goal C -To have a community of viable districts and neighborhoods with a variety of residential opportunities for personal interaction, fulfillment and enjoyment, attractive to people of all ages, characteristics and interest; e) Policy C(l)- Residential land should be developed on the district and neighborhood concept. Although such districts may be composed primarily of residential uses of a uniform density, a healthy, viable district should be composed of residential uses of varying densities which may be augmented by subordinate and compatible uses. Single family and multi-family homes, parks and open-spaces, schools, churches, day care and residential services, home occupations, and district shopping areas are all legitimate components of district development and enhancement. A neighborhood should be primarily composed oflow, medium, or high density housing. 15. A Determination of Non Significance was issued for this proposal on November 2,2000. 16. The City received no written public comments on the proposed Municipal Code Amendment MCA 00-03. 17. The relevant state laws that provide authority for the code chapters that are included in these amendments, as well as the amendments include the following: Growth Management Act, R.C.W. 36.70A, Local Project Review, R.C.W. 36.70B, State Environmental Policy Act, R.C.W. 43.2IC, and associated Washington Administrative Codes (WAC) including WAC 365-195 and WAC 197- Requirements for amending Title 17, Zoning are specified in Section 17.96.100, as follows: .., . 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 . . . Findings and conclusions - MeA 00-03 Page 9 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. Conclusions: Based on the information provided in the Planning Department Staff Report dated November 8, 2000 for MCA 00-03, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. The proposed amendments are consistent with the goals and policies of the City I S Comprehensive Plan includ,ing, but not limited to, Land Use Element Goals A- C and Policy C1. 2. The proposed amendments will result in overall improved administration of regulations adopted by the city that pertain to the location of drug and alcohol treatment centers, hospitals and motels; the definitions of utility structures and wireless communication facilities, as well as the applicability of existing structure height standards as they relate to telecommunication towers. 3. The amendments will result in improved public service relating to permit processing and regulation integration. 4. The proposed amendments are in the public use and interest. Adopted by the Port Angeles City Council at its meeting of December 5,2000. Larry Doyle, Mayor City of Port Angeles Becky 1. Upton, City Clerk 75 ." i 1:: 76 ~ : . . . . . . ~ORTANGELES WAS H I N G TON, U. S. A. -PLANNING DEPARTMENT STAFF REPORT DATE: November 8, 2000 TO: Chair Hewins and Planning Commission 11 FROM: Debi Barnes, Associate Planner--;j! .x/ SUBJECT: Municipal Code Amendment MCA 00-03 BACKGROUND The Planning Department has compiled various administrative amendments to the Port Angeles Municipal Code, specifically Title 17, Zoning Code and Chapters 15.04 Environment, 15.20 Environmentally Sensitive Areas, 15.28 Clearing and Grading, and 18.02 Consolidated Development Permit Process. The reasons for the amendments are further outlined in this report but they generally pertain to compliance with recent amendments to various state laws, consistency with other city codes, or improvements to current permit processes. A copy of the proposed ordinance is included as Attachment A. The relevant state laws that provide authority for the code chapters that are included in these amendments, as well as the amendments include the following: Growth Management Act, R.C.W. 36.70A, Local Project Review, R.C.W. 36.70B, State Environmental Policy Act, R.C.W. 43.21C, and associated Washington Administrative Codes (WAC) including WAC 365-195 and WAC 197- Requirements for amending Title 17, Zoning are specified in Section 17.96.100, as follows: 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. 77 MeA 00-03 November 8, 2000 Page 2 P AMC CHAPTER 15.04 ENVIRONMENTAL POLICY Chapter 15.04 Environmental Policy. The changes should be made to comply with current state laws, as a result of adopting R.C.W. 36.70B, Local Project Review, also known as the "Regulatory Reform Act." The first amendment proposes a change to the comment period in Sections 15.04.180(C) and (F) from 15 days to 14 days in order to be consistent with permit process integration and streamlining requirements. The second amendment clarifies the appeal section so that appeals of a Determination of NonSignificance associated with those permits subject to P AMC 18.02 so that they are processed in accordance with P AMC 18.02. This will ensure that only one open record hearing and one closed record appeal hearing is held on each permit. Appeals of a DNS for non-project actions, such as the legislative amendments that we are currently reviewing, are not subject to "Regulatory Reform" requirements. P AMC CHAPTER 15.20 ENVIRONMENT ALLY SENSITIVE AREAS The proposed administrative amendments to P AMC 15.20, Environmentally Sensitive Areas are also minor in nature. The new definitions proposed under 15.20.030 (K, P, U) are proposed so that consistency between 15.20 and 15.28 Clearing and Grading Code is made. The applicability of PAMC 15.20 is triggered by permit reviews by other city codes which sometimes results in overlapping, multiple permit actions. An example would be trimming tree limbs along a marine bluff or ravine. Currently, trimming vegetation in a designated environmentally sensitive area requires a clearing and grading permit under P AMC 15.28 Clearing and Grading. This in turn, triggers review under 15.20 Environmentally Sensitive Areas and also SEP A determination under P AMC 15.04 and WAC 197-11 which results in three application forms required to be submitted, as well as three permit decisions that the city must make. The proposed amendments would result in distinguishing the minor act of trimming limbs and shrubs (so long as damage to the plant does not result) from tree removal and/or exposure of the soils which can often affect the integrity and/or stability of a bank or bluff. The additional definition U - Viewshed Enhancement would include those activities in a sensitive area such as tree removal or grading which should not be exempt. The proposed amendment to Definition V - Water Types is to reflect recent emergency rules adopted by the State legislature that are effective between March 2000 and June 2001, as well as the proper reference to WAC 222-16-030. Because the water typing definitions have been under scrutiny associated with the Forest and Fish Report, emergency legislation, court appeals and because it would take several years for new maps to be available, staff recommends that a simple referral to the Washington Administrative Code (WAC) definitions be made until this issue is sorted out. An alternative would be to include the new definitions' according to current WACs which means that we may need to re-evaluate the definitions to avoid code conflicts if they are changed again next year. The proposed amendments to PAMC 15.20.040 (B) may help to integrate permit actions and/or lessen the number of permit decisions or actions that will be needed to be made. Examples would be combining an Environmentally Sensitive Areas approval with a clearing and grading permit, and also other actions, such as an ESA approval with a shoreline substantial development permit. Amendment to Subsection "D" provides clarification as to the jurisdiction of the code. P AMC CHAPTER 15.28 CLEARING AND GRADING 78 . . . . . . '~,:,t,",:~~:jt* '-;~:':-,:-J'''p".: MeA 00-03 November 8, 2000 Page 3 The proposed amendments to the definition section of the Clearing and Grading code would coincide with those proposed in the Environmentally Sensitive Areas Code which is described above. The proposed amendments to the exemption section under 15.28.040 would clarify that minor pruning would be exempt. The proposed additions to 15.28.090 to add viewshed enhancement criteria would be consistent with the existing requirements set forth in the Environmentally Sensitive Areas Code under 15.20.070(6). PAMC TITLE 17 - ZONING CODE The proposed amendments to Title 17, Zo~ing Code, are minor in nature and generally pertain to clarification of definitions and land uses. The following amendments to land uses that are specified in various zoning designations are generally a result of issues that have been raised throughout the year, many of which are associated with the analysis of the proposed drug and alcohol center in the RHD zone, as well as compatibility of new cell tower placement with adjacent uses, along with establishing an adequate review process of new facilities. Through the review and subsequent approval of the drug and alcohol treatment center in an RHD zone, it was also discussed that hospitals and motels are not appropriate in that zone. In order to allow for new motel facilities, the Planning Department recommends that they be allowed by conditional use approval in the CO, CN and CSD zones. Motels are currently permitted in the CA and CBD zones. Discussion should be made as to whether or not motels would be an appropriate use in the CN zone. Also, allowing drug and alcohol centers in the Commercial zones as a conditional use should also be made. 17.15.040 Delete hospitals (G) and motels (I) from the RHD zone. 17.20.160, 17.21.160, 17.22.160. Add Motels as a conditional use in the Commercial Office, Commercial Neighborhood, and Community Shopping District. 17.20.160 Add chemical dependency treatment centers as a CUP in the Commercial Office zone. 17.23.040 Add chemical dependency treatment centers as a permitted use in the CA zone. The amendments to definitions will improve the current regulatory process for reviewing new telecommunication towers. This includes adding a definition for wireless communication facilities, arrtending the definition of a utility structure and also adding telecommunication facilities that exceed the maximum building height as an unclassified use. Until a telecommunications ordinance is fully developed and adopted, including policy guidance for locating new facilities, the proposed amendments would allow for proper and adequate review of new telecommunication towers. Currently, new cell towers are permitted uses in the PBP and Industrial zones, and are conditional uses in all other zones. The proposed amendments would allow the continuation of cell towers as permitted uses in the PBP and industrial zones if they do not exceed the established building height for that zone. Any proposals that exceed the height limit, including co-location, would require an unclassified use permit approval. In other zones, either a CUP would be required for proposals that do not exceed the building height, or a UUP for those that do. 79 17.08.110 17.08.105 MeA 00-03 November 8, 2000 Page 4 . Add definition of wireless communication facilities, as follows: Wireless CommunicatiOILFacilities (WCFs)...mean~ an unstaffed facility for the transmission - and/or reception of wireless telecommunications services included 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, poles, towers, cables, wires .conduits, ducts, pedestals, vaults, buildings, electronic and switching equipment. Amend definition of utility building or structure to include wireless communication facilities to which the structure height is equal to or less than the maximum building height of the zone in which it will be located. . 17.96.060(D) Add to list of unclassified uses: wireless communication support structures that exceed the maximum building height specified by the particular zone. The following minor amendments are proposed to address grammatical or typographical concerns. Various Remove "conditional use" in titles of 17.17, 17.18, and 17.26, as well as the table of contents for these sections. 17.96.060(D) Add to list of unclassified uses: 1) aquaculture . 17.17.040(H) Add: The number of off-street parking spaces shall be determined by the Planning Director. Any improvements to the parking area shall be determined by the City Engineer in accordance with P AMC 14.40 whereby said improvements shall be completed within two years of the date of approval. P AMC 18.02 CONSOLIDATED DEVELOPMENT PERMIT PROCESS The proposed changes to P AMC 18.02 are minor in nature and would be consistent with the 1997 changes to R.C.W. 36.70B. COMPREHENSIVE PLAN POLICIES The following Co~prehensive Plan policies are most relevant to the proposed amendments. Growth Management Element, Policy (A)(l )(g) Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability. Land Use Map Goal, Policies and Objectives Goal A 80 . 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 . . . ; ':." t~\>i':":,' ~ MeA 00-03 November 8, 2000 Page 5 Goal B challenges and opportunities of the future. To have a community where residential development and use of the land area done in a manner that is compatible with the environment, the characteristics of the use and the users, and the desired urban design of the City. To have a community of viable districts and neighborhoods with a variety of residential opportunities for personal interaction, fulfillment and enjoyment, attractive to people of all ages, characteristics and interests. -. Residential land should be developed on the district and neighborhood concept. Although such districts may be composed primarily of residential uses of a uniform density, a healthy, viable district should be composed of residential uses of varying densities which may be augmented by subordinate and compatible uses. Single family and multi-family homes, parks and open-spaces, schools,. churches, day care and residential services, home occupations, and district shopping areas are all legitimate components of district development and enhancement. A neighborhood should be primarily composed of low, medium, or high density housing. Goal C Policy C(1) STATE ENVIRONMENTAL POLICY ACT (SEPA) A Determination of Non Significance was issued for this proposal on November 2, 2000. This SEP A action constitutes the final decision of the lead agency and satisfies the requirements of the State Environmental Policy Act. As a regulatory change, the proposal is a nonproject SEP A review. DEPARTMENT AL COMMENTS No comments from other departments were received. PUBLIC COMMENTS No written public comments were received. FINDINGS AND CONCLUSIONS FOR THE DECISION Findings: Based on the information provided in the Planning Department Staff Report for MCA 00-03 dated November 8, 2000, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, City of Port Angeles, proposed Municipal Code Amendment to change several sections of the Port Angeles Municipal Code, including Chapters 15.04 Environmental Policy, 15.20 Environmentally Sensitive Areas, 15.28 Clearing and Grading, and 18.02 Consolidated Development Permit Process and Title 17, Zoning. 81 MeA 00-03 November 8, 2000 Page 6 . 2. The changes proposed to Chapter 15.04 Environmental Policy comply with current state laws, in compliance with R.C.W. 36.70B, Local Project Review. 3. The first amendment to Chapter 15.04 proposes a change to the comment period in- Sections 15.04.180(C) and (F) from 15 days to 14 days in order to be consistent with permit process integration and streamlining requirements. 15.04.180 Use of MitigatedDNS. C. The Responsible Official should respond to the request for early notice within ii/tun (1' 5) fourteen (] 4) working days. F A Mitigated DNS is issued under WAC 197-11-340(2), requiring afifieen fourteen day comment period and public notice. 4. The second amendment to Chapter 15.04 clarifies the appeal section so that appeals of a Determination of Non Significance associated with permits processed under Chapter 18.02 in order to ensure that only one open record hearing and one closed record appeal hearing is held. Appeals of a DNS for non-project actions, such as the legislative amendments that we are currently reviewing, are not subject to "Regulatory Reform" requirements. 15.04.280 Avpeals. The City of Port Angeles establishes the following administrative . appeal procedures under R. W 43.21C.075 and WAC 197-11-680: A. Any agency or person aggrieved by an action of the City may appeal the City's procedural compliance with Chapter 197-11 WACfor issuance of the following: 1. A final DNS. Appeal of the DNS must be made to the City Council within fourteen (14) days of the date the DNS isfinal (see WAC 197-11-390(2)(a) for those determinations associated with a vermit or action not subiect to review under P AMC 18.02. For those determinations subiect to P AMC 18.02, the filing of the avveal shall be consistent with the requirements of that chavter and made within fourteen (] 4) davs of the date of decision. 5. The proposed administrative amendments to P AMC 15.20, Environmentally Sensitive Areas are minor in nature. The new definitions proposed under 15.20.030 (K, 0, U) are proposed so that consistency between 15.20 and 15.28 Clearing and Grading Code is made. The proposed amendments would result in distinguishing the minor act of trimming limbs and shrubs (so long as damage to the plant does not result) from tree removal and/or exposure of the soils which can often affect the integrity and/or stability of a bank or bluff. The additional definition U - Viewshed Enhancement would include those activities in a sensitive area such as tree removal or grading which should not be exempt. 15.20.030 - Definitions. For the purposes of this Chapter, the following definitions shall apply: . K. "Land-disturbing activitv" means anv use of the land that results in: ]) change in the natural cover or tovogravhv that exvoses soils or 2) mav cause or contribute to 82 I - I- - MeA 00-03 November 8, 2000 Page 7 erosion or sedimentation. This does not include non-destructive ve!!etation trimming. P. "Nondestructive vegetation trimming" means the trimming. tODDin!!. or Druning of trees. shrubs. or Dlants which does not result in harm to the continued life and health of the Dlant and does not expose the soil surface. U "Viewshed enhancement" means the removal of trees or. vegetation to enhance a view when DroDosed in a ravine and marine bluff buffers. Viewshed enhancement does not include non-destructive trimming of vegetation as defined bv this chamer. 6, The proposed amendment to Definition V - Water Types is to reflect recent emergency rules changes that are effective between March 2000 and June 2001 as well as proper reference to WAC 222-16-030. Because the water typing definitions have been under scrutiny associated with the Forest and Fish Report, emergency legislation, court appeals and because it would take several years for new maps to be available, staff recommends that a simple referral to the Washington Administrative Code (WAC) definitions be made until this issue is sorted out. An alternative would be to include the new definitions according to current WACs which means that we may need to re-evaluate the definitions to avoid code conflicts if they are changed again next year. v "Water types" include categories established pul Juallt to and defined in WAC 222- 16-020 mId -030, as amended Refer to the WAC for a current descriDtion. follo~s. ], "Type I warel " mums aN watel J, withill the;, 01 dillary high-watel mc,lk, aJ invent01ied as "'JhOlelilleJ of the Jtate" undel chaptel 90.58 R,W, but 110; illdud;lIg those t~arel J' associated wetl-cwds. . 2. "Type 2 watel " shallmeall Jegmellt,) ofllatul al watel J tvhidl al e not dasJified as Type 1 tMtel alld ha ve a high u'Je alld me impoltallt fi om a watel quality ip .r d' "h" 'fT ' . , stallu oillt J01 omestlc watel suppdes, pu ~IC I eo eatlon, J J,l Jpawlllllg, I eml1lg, 01 mig.I atioll 01 wildlife UJeJ, 01 c" e highly Jigllificallt to pI olea watel quality. This I 'fT . ~" h I' a' f r f't I ' ~ c~aJJl) catloll s lall e c,ppde ~O Jegmell s OJ ,la W a~ wa el J ttall:; I. :A ri' I .r I . h I I ee 'I.' I a, I e I veltea Jul aomestlc use y mOl'; taall ~ I eJlaenlla~ . , h h" d t' r '1'; I' at f' 'ee 01 campl1lg WlltS 01 ::y a pu dC a ((0111 1110 a 1011 JaCltl.J dcense 0 Jel ve mOl e aall ~ p.;, JOIIJ, whel e .such divel sion is detel milled by tile Depm tmelll oflv'arw al ReJow ceJ to be a valid appl op, iat;oll of watel alld the Dilly pi aerical t~atel JOul ce fOI such UJe, J. Such watel S shaN be com ide I ed to be Type 2 Waiel upStl eamfi om the point ofJuch divel Jiml /01 1,500 ftet 01 until the dl aillc,ge al ea is I etfficed by 50 pel cem, whichevel iJ leJJ, h :A . I . fe I I . t I I '. d . I e t~ltalll c, J ael a~, J~a e, ~oca~, 01 p1l va~e campgloun I' I -3e . 't . I I I t't tJ . '" t he ,la Vl1lg mOl e Man camplllg Ulll J, p, 0 vlaea, aO we vel, aa Ie t~a~el Srlau no 'd I I .' I . ~. I h ri .rt~ Ie I I 'I h' COIlJ~ el ea to ellfel a canrpg.I oulla Willi It I eac les ule OWl ary OJ Ie pal ~anaJ a valla ~e I ' ~' 'ee fe r . 'f t 'I t I Ie fOI public uJe ana comes w'; HlI ~ J et OJ a (ampl1lg Wll, I al~ 0, 0 lIel pm impl 0 vement, G. AI e used by substalltial Ilumbel J of afludl OIllOUJ 01 ,esident fi.r . , ,. Jf' I' l.r" . 't' ( game J Jllp)1 .spa wlllllg, I ea1lllg 01 m,gICJtlOIl. atel J lIa vmg t,le JUliO Wlltg (11m ac ens I(S a I I' I ry . 'fT t fi I 't' aI e pI eJ wile to ,la ve ,Ug,l~ Jlglll) call J Sri popu~a LOllJ. 83 MeA 00-03 November 8, 2000 Page 8 l!,1 eatel ill width be < io SII eam J 4 p" alii. · w.. u the 01 dillO, y I . I egmell" ho ,i,,,, u d' 6 , ug '-wOMIIIIOI L 0 .II'} ued ehOl",,1 20 n, , II Ial'lIlg J e, 01 .. , ,,' u g' odiem " ,II. ,mpOu"dm.ul' I .' " U} ,." lI,oll , :5 lai:'lIlga:5 f , 3. "'F U'faaolCao" ~,"I ",=,iji,d 0' T e' W' 3 WOlel " ,hol! " ' " ' ue.. u, g' .aM IIIrpOdoul fiu,,' IP ,0,] wulct OIrd ho, lleuu 3<gm"''' ofllO' , 'po" IIillg, teOl ii, wall". quality 'lum}!'ui: ,u ;uud.",I' 10 ,lighl ~., 0, w;ul." w hieh 01 , quuiily. Thi, cia g, .~ "u.g'OliuuOl wiid/in, u fm dolll."ie ~. " '~~uu m. mOdctOI.i "9 eal1011 ,ho" b ry """, u.l.o" " pu .,,, eel eali y '" u" ,oppiied /In. muu.",n, ,aiM' Oil, fi'" wmpiug ""its m b' A.. .Ii,,"I tedr d gmmts ofllol.' a" OPl ol.d w u",1 pe"",,,, w h" ., ,JO publiL UL eom" ~u:. om.,tie use by", ,wal,,, w hieh, b, 0 ,. uell "t,," ,"uuuOIl r .,. . .Ote thall '0 ,0.,.1 up'" up' iutiuu -'Oil t.l d'lt..uiued by 11"L;;IIY iiet",.d to '" " .., idwlioi ~Olct jjhoiibecoIMi' o~ walct olld II,. uu'Y "epm tn,wl .,'" I .. mOl,' Ihou J 8 f'" 1,580 fitl '" mdi~;i.; ,/' .be Type 3 Wo~{".;e:ieui wul.. 'O.,~~fi,,~ ui /"'0"' a, to b I umuge 01 eo in ,.1 " 'Om fi um Ihe pOill1 ~Cl ., e". SUL}, Spo,,"i1rg, lCallll .' A.. "",.I b . "ced by, 50 ptnenl ' . o} sueh d;',,,ioll to hu.. , iguijiL g ullmg",liOIl. W alct' I ' ~ ,gmfiwu( uumbt" ',w ,lIeh"" i, i.,s uul uuud, umu~ fi,}, u,;a v"rg IMfiJUo w brg e ',u <Yj a"".it omo.... fi';' '0 61 .' , ' ,octe, i,liL, } , glCalct ill wirit' b ,.' Sb me 1" .,umed lI,ml J] P" ""I 0;;.1 ::;;e:;,~;:,:,m.::~ :: ~!;~~:~;:~':~0~~2~,~ ~filled ehallll" of 5 Ie 1 ae .. "}m" U} mo,t/I '0 'mg u g'" ,. } e " 01 "asollO u u. "mp d ,mil 0 '" 'ie u ""e,'i of i." uu.v "aMI alld " .' 0",1111",/3 lIa vj, · u, } al. f a 1'11Il!, a' Ig a.m f W L II oul,ct '0 "ua 0..0 r> _ 01.'" willi I he -r;, " . . A, t u, cd by . .' 0" 0,'0d, 0,1l0.' 6-' o} ,W I hull 1 fish ." } uOw"", Lhmuete, i,t" Slglllfieam ""mbe j '" '/le0771. . Ie, 01 " 0 I 'd e pI e.mmed to 'la . 'J eJI ellt game fi J f i:'e Jig oft J 'S I u . uy wul.. 'r} , ' , g' cui" ill "idth b ' I. SIt enm 3< 31 enl gume gl ,ote. Ihuu 83 b'" wau ti.. 0' db"" I' gmeu/> Im,iug 0 d<fi ' . LU 'L fiet ptl '''0 .1 Y ugh-wul', , 0 L · ucu Lhmmcl ul' 0 Ie ' Il 07,d u, 011.1 ' } .. 850 .. ' og,adiwl 'I " u 'U""'.., ' . . --Ltc 01 ",,",olloi 'u", u. Impum,dmeil' o} e" Iha,lI] pen ,0" flo.. , "01C/. ' , uu ,iug u r "'I, ,.. .1 '"r}aa m eu quu;,ty. TI ibato.lI., ..I'. I AI< high ,igUijiL ' ,glCaMI 11'011 ] fJ utel alC p'" u ,lie , eOull ibule gl eal 0111 }o, 1" u/l,d iOIl 0" ' J 01 2 W ule, m ",:;:~~/ub"iguijiwul:fi>> /~~~O~l 20 pet <,,,I vi I"~ ';;:' w uS/>C 0 III ..aW II" puiul of emrf/ u.. ,en.it umuge alea i, b I; cI fi um I he il eOllj/;..." to u Type 1 u, 4 ILe, w lIieh"., is '", ,,"a.. 58 pc' it,ll or II . ct w il" Ihe Type , . <top , ,. " ,eu d ' e,(Jj,ijied a, Ty , YP' 4 Wul., ", \0 u I a",uge m eu 01 , 'Fe ~ 20:3' f 11l1leallJe a~M"'h cu"l ill Ty ~ ' ' . Tuei, sigllifieall<t ,.gm",ts ofmdw olwak, ' Lm" ifi<alivu , "0 ,r b " ] 01 3 wu/\!, ,. Th., ,.., .u i/.. i, i,ifl.wit 'w Illeh Ute uul 'F' ' " 'upp" , e muy b vu wul ,. ypCl, 2 0, 3, alrd / , ,"0 to "g"'<lII' 0' ' e pete"uiui v, hI/ ." 9 .adty u, Tn" 4 If' }'" Me pu, po" 0' p " uurul a, ~ule" ,\' I ...",&,1/. This b 'aMI up,1 " ' Ol<cti.. " 'L , m e I' ,tween d,t 61.Iiuu : '":" .ul il Ihe eMIII,.' 8 :al.. q uaWy do w u, b e uO e ,a" !fied u, IJ' '''gu-wate7 m", L ' '" Ih bew"'" '", ' um me cia."ifi,d . I J trzall 2 -Ceet 0 . J III rPidth at JeaJOfla' , I 10~ walel L84 . . . . . . h> ~"'''',O;t,-", -j,:!,' "'rr"::i:.,-;' MeA 00-03 November 8, 2000 Page 9 5. "Type 5 ~atel " me aM aU ut},el walel.s, ill Ilatul al watel (OW JeJ, illdtJding .stl eamJ with 01 withotJl a vveU-defined (hamiel', at ellJ of pel e1lnial 01 illtel mitte,lt Jupage, pondJ, alld Jlatul at Jillb. D7 ablage waJt.s ha t'ing .shOll pel i()J:~ of .spl iJlg I unoff al e c-omide, ed to be Type 5 ~alel.s. ThiJ da.sJifkation JhaN be applied to 11 t 't t,.ft rJ 'F '.z '3:1 r .,. . all na w al ~a el J no (Ia.s.st) e aJ ype J, , 01 , al eaJ OJ pel emllQI 01 llllelllllitelll , ". ,. t ., . r . if Jee'page, pOJla.s alla at amage v~ay.5 rla vlJlg .) WI t pelloa.s OJ S'pllJlg 01 JtOJ III I uJluJ. . 7. The following proposed amendments to PAMC 15.20.040 (B) may help to integrate permit actions and lessen the number of permit decisions or actions that will be needed to be made. Examples would be combining an Environmentally Sensitive Areas approval with a clearing and grading permit, and also other actions, such as an ESA approval with a shoreline substantial development permit. Amendment to Subsection "D" provides clarification as to the jurisdiction of the code. 15.20.040 - Applicability. This Section establishes regulationsfor 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. 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 vossible. the Citv shall attach conditions to develovment provosals or combine vermit decisions to ensure comvliance with this chaTJfer while alleviating duvlicate vermit decisions. D. This Chapter applies to all environmentally sensitive areas located on or adiacent to vroverties within the jurisdiction of the City of Port Angeles. Specific environmentally sensitive features (streams, ravines, marine bluffs, beaches) shall be defined and designated as 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: 8. The proposed amendments to the definition section of Chapter 15.28 would coincide with those proposed in the Environmentally Sensitive Areas Code. The proposed amendments to the exemption section under 15.28.040 would clarify that minor activities such as pruning trees would be exempt from the public notice and SEP A requirements. The proposed . additions to 15.28.090 to add viewshed enhancement criteria would be consistent with the existing requirements set forth in the Environmentally Sensitive Areas Code under 15.20.070(6). 85 MeA 00-03 November 8, 2000 Page 10 . 15.28.020 - Definitions. For the purposes oj this Chapter, the Jollowing definitions describe the meaning oj the terms used: L. "Land-disturbing activitv"means any use oj the land that results in: 11-change in the natural cover or topography that exvosesthe soils or 21 may cause or contribute to erosion or sedimentation. This does not include non-destructive vegetation trimming. M I<Nondestructivevef!etation trimming" means the trimming. tovving. or vruning of trees. shrubs. or vlants which does not result in harm to the continued life and health of the plant and does not exvose the soil surface. 0. I< Viewshed enhancement" means the removal of trees or vegetation to enhance a view when vrovosed in a ravine and marine bluff buffers. Viewshed enhancement does not include non-destructive trimming of vegetation as defined by this chalJ/er. 15.20. 070(B) (6). Viewshed enhancement. In ravine and marine bluff buffers, the Planning Director may approve alterations in vegetation coverage Jor the purposes oj viewshed enhancement, so long as such alterations will not: (a) Increase geological hazards such as erosion potential, landslide potential, or seismic hazard potential; !lor (b) Adversely affect significantfish and wildlife habitat areas: and will (c) Revegetate disturbed land to reduce erosion and landslide potentia!. 15.28.090 - Standards. No land-disturbing activity subject to the control oJthis Chapter shall be undertaken except in accordance with the Jollowing mandatory standards: F. Viewshed enhancement. In ravine and marine bluff buffers. alterations in vegetation coveraf!e for the vurvoses of viewshed enhancement may be avvroved. so long as such alterations will not: (a) Increase geological hazards such as erosion votential. landslide potential. or seismic hazard votential: nor (b) Adversely affect sif!nificant fish and wildlife habitat areas: and will . (c) Revegetate disturbed land to reduce erosion and landslide votentia!. 86 . . . MeA 00-03 November 8, 2000 Page II 9. The proposed amendments to Title 17, Zoning Code, are minor in nature and generally pertain to clarification of definitions and land uses. The proposed amendments to land uses that are specified in various zoning designations are generally a result of issues that have been raised throughout the year, many of which are associated with the analysis of the proposed drug and alcohol center in the RHD zone, as well as compatibility of new cell tower placement with adjacent uses, along with establishing an adequate review process for such proposals. 10. Through the review and subsequent approval of the drug and alcohol treatment center in an RHD zone, it was also discussed that hospitals and motels do not belong in that zone. In order to allow for new motel facilities, the Planning Department recommends that they be allowed by conditional use approval in the CO, CN and CSD zones. Motels are currently permitted in the CA and CBD zones. Also, allowing drug and alcohol centers in the Commercial zones as a conditional use should also be made. 17.15.040 Delete hospitals (G) and motels (1) from the RHD zone. 17.20.160, 17.21.160, 17.22.160. Add Motels as a conditional use in the Commercial Office, Commercial Neighborhood, and Community Shopping District. 17.20.160 Add chemical dependency treatment centers as a CUP in the Commercial Office zone. 17.23.040 Add chemical dependency treatment centers as a permitted use in the CA zone. 11. The following amendments to definitions in Title 17, Zoning, will improve the current regulatory process for reviewing the placement of new telecommunication towers. This includes adding a definition for wireless communication facilities, amending the definition of utility structure and also adding telecommunication facilities that exceed the maximum building height as an unclassified use. 17. 08.115 Add definition of wireless communicationfacilities, asfollows: Wireless Communication Facilities (WCFs)...means an unstaffedfacility for the transmission and/or reception of wireless telecommunications services included. 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, poles, towers, cables, wires conduits, ducts, pedestals, vaults, buildings, electronic and switching equipment. 17.08.105 Amend definition of utility building or structure to include wireless communication facilities to which the structure height is less than the maximum building height of the zone in which is will be located 87 MeA 00-03 November 8, 2000 Page 12 . 17. 96.060(D). Add to list of unclassified uses: wireless communication support structures that exceed the maximum building height specified by the particular zone. 12. The following minor amendments are proposed to address grammatical, typographical or other minor corrections in Title 17. , Various Remove "conditional" in titles of 17.17, 17.18, and 17.26, as well as the table of contents for these sections. 17.96. 060(D) Add to list of unclassified uses: 1) aquaculture 17.17. 040(H) Add: The number of o.ff-street parking spaces shall be determined by the Planning Direct(Jr. Any improvements to the parking area shall be determined by the City Engineer in accordance with P AMC 14.40 whereby said improvements shall be completed within two years of the date of approval. 13. The proposed changes to PAMe 18.02 are minor in nature and would be consistent with the 199.T~changes to R.C.W. 36.70B, Local Project Review. . 18. 02.070 AIJTJlication Review Process. F '~::Notice of Decision. A notice of decision, which may be a copy of the report or decision on the project permit application, shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application. The notice of decision shall be consistent with R.CW. 36.70B and shall include a statement of any threshold determination made under Chapter 43.21C R. W. and Chapter 197-11 WAC and the proceduresfor administrative appeal, if any. For non-administrative approvals, notice of the decision shall be published in the City's officially designated newspaper. 18.02.080 - Concurrent Environmental Review. C. The following requirements shall apply to concurrent SEP A review: 1. Exceptfor a threshold determination of,,;gllificalla, the City may not issue itj tl" e.shoM deteJ m;,latioll OJ Ls.sue a decision or a recommendation on a development application until the expiration of the public comment period on the notice of application. 18.02.070(E). Except for the appeal of a determination of significance as provided in . R.C. W. 43.21C.075 and WAC 197-11-680, appeals of other threshold determinations shall be submitted prior to and combined with any predecision open record hearing, if 88 . . . MeA 00-03 November 8, 2000 Page 13 one is providedfor the development application involved or combined with an avveal of the underlvim! proiect decision ver P AMC 18.02.120. 18. 02. 080(C)(2) If a public hearing is required and the City's threshold determination requires public notice under Chapter 43.21C R.C. W, and 197-11 WAC, the City shall issues its threshold decision at least 15 days prior to the public hearing or shall complv with vrocedures under WAC 197-11-355. Ovtional DNS vrocess. 18. 02. 120(A). If an administrative appeal of the project decision is provided by ordinance, combined with any environmental determinations. such appeal shall be filed within 14 days after the notice of the decision or after other notice that the decision has been made and is appealable. The City shall extend the appealveriod for an additional seven davs. if state or local rules adovted pursuant to Chavter 43.21 CR. C. Wallow public comments on a determination of non significance issued as vart of the avvealable vroiect vermit decision. 14. The following Comprehensive Plan policies are most relevant to the proposed amendments: a) Growth Management Element, Policy (A)( 1 )(g) - Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability; b) Land Use Map Goal, Policies and Objectives - Goal A -To guide current and future development within the City in amanner that provides certainty to its citizens about future land use and the flexibility necessary to meet the challenges and opportunities of the future; c) Goal B -To have a community where residential developmen(and use ofthe land area done in a manner that is compatible with the envirorunent, the characteristics of the use and the users, and.thedesired urban design of the City; d) Goal C -To have a community of viable districts and neighborhoods with a variety of residential opportunities for personal interaction, fulfillment and enjoyment, attractive to people of all ages, characteristics and interest; e) Policy C( 1)- Residential land should be developed on the district and neighborhood concept. Although such districts may be composed primarily of residential uses of a uniform density, a healthy, viable district should be composed of residential uses of varying densities which may be augmented by subordinate and compatible uses. Single family and multi-family homes, parks and open-spaces, schools, churches, day care and residential services, home occupations, and district shopping areas are all legitimate components of district development and enhancement. A neighborhood should be primarily composed oflow, medium, or high density housing. 15. A Determination of Non Significance was issued for this proposal on November 2,2000. 16. 17. The City received no written public comments on the proposed Municipal Code Amendment MCA 00-03. The relevant state laws that provide authority for the code chapters that are included in these amendments, as well as the amendments include the following: Growth 89 . , MeA 00-03 ,November 8, 2000 Page 14 . Managemeht Act~ It.C.W. 36.70A; Local Project Review, R.C.W. 36.70B, State Environmental Policy Act, R.C.W. 43.21C, and associated Washington Administrative Codes (WAC) ihcluding~ WAC 365-195 and WAC 197- Requirements for amending Title 17, Zoning are specified in Section 17.96.100, as follows: 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 co'vering 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. .. Conclusions: Based on the information provided in the Planning Department Staff Report dated November 8, 2000 for MCA 00-03, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. The proposed. amendments are consistent with the goals and policies of the City's Comprehensive Plan including, but not limited to, Land Use Element Goals A- C and Policy C 1. 2. The proposed amendments will result in overall improved administration of regulations adopted by the city that pertain to the location of drug and alcohol treatment centers, hospitals and motels; the definitions of utility structures and wireless communication facilities, as well as the applicability of existing structure height standards as they relate to telecommunication towers. 3. " The amendments will result in improved public service relating to permit processing and regulation integration. . 4. The proposed amendments are in the public use and interest. 90 . F 'Pt. . ..!/ORT"NGELES WAS H [ N G TON, U. S. A. CITY COUNCIL MEMO CITY MANAGER'S REPORT December 5, 2000 North Olympic Peninsula Cities Association Meeting Monday, December 4 6:00 p.rn. Board of Adjustment Meeting - cancelled Monday, December 4 7:00 p.rn. Gateway Review Committee Meeting Tuesday, December 5 8:15 a.m. Mike of KONP Tuesday, December 5 1 :00 p.m. . Community conversation with Lt. Governor Tuesday, December 5 5:00 p.m. City Council Meeting Tuesday, December 5 6:00 p.m. Gateway Committee Meeting Thursday, December 7 8:15 a.rn. Utility Advisory Committee Meeting Monday, December 11 3:00 p.rn. Real ~state Committee Meeting Tuesday, December 12 4:00 p.m. Law Enforcement Advisory Committee mtg Wednesday, December 13 6:30 p.m. Planning Commission Meeting Wednesday, December 13 7:00 p.m. City Council Meeting Tuesday, December 19 6:00 p.m. Outstanding Public Service Award Luncheon - Vern Burton Thursday, December 21 11 :30 a.m. Parks, Recreation, & Beautification Commission Meeting Thursday, December 21 7:00 p.m. Christmas Holiday Monday, December 25 Closed Planning Commission Meeting - cancelled Wednesday, December 27 7:00 p.rn. . G:\CNCLPKT\CfVMGR\CMREPT\2000\OO-1205.WPD 91 . . .' I .) ~ -; . . , . . .' . , . . 92 o i ~ RORTANGELES WAS H I N G TON, U. S. A. PUBLIC WORKS & UTILITIES DEPARTMENT DATE: November 27,2000 To: CITY MANAGER FROM: Glenn A. Cutler, Director of Public Works and Utilitie~V ( TEA-21 Enhancement Grant SUBJECT: At the November 16,2000 Peninsula Regional Transportation Planning Organization (RTPO) meeting the City's entrance enhancement project was selected to receive Transportation Equity Act (TEA-21) grant funds. The City Council authorized submission of the application for the funds which includes curb, sidewalk,. and street tree improvements along Front Street from Golf Course Road westerly to Ennis Street. Also included in the project are bicycle lane striping on First and Front Streets between Golf . Course Road and Lincoln Street. The Grant is for $173,000. The City's match of$25,000 is from the Parks and Recreation Budget for street trees. Also included as matching funds is in-kind-work by Public Works for engineering and construction management estimated at $15,000. The project was supported by Clallam County and the City's non-motorized transportation committee. The project is planned for Fall 2001 accomplishment. . N:\GRANT APP\FIRSTSW\A WDMGR_A.WPD 93 94 , ' . . .' ' i:,; \, . . . I o i ~ ~ORT ANGELES WAS H I N G TON, U. S. A. PUBLIC WORKS & UTILITIES DEPARTMENT DATE: NOVEMBER 27,2000 To: CITY MANAGER FROM: Glenn A. Cutler, Director of Public Works and Utilities SUBJECT: Stormwater Utility Formation As a follow up to our recent meeting with the Salmon Recovery Subcommittee and the previous Utility Advisory Committee (UAC) meeting we are progressing toward development of a funding mechanism to support the manpower, capital improvements, and maintenance needs to meet the various unfunded mandates of the Endangered Species Act (ESA), National Pollution Discharge Elimination System (NPDES) Phase II Stormwater, Department of Ecology (DOE) and Puget Sound Water Quality Authority (PSWQA), Washington Department ofFish and Wildlife (WDF&W), and Government Accounting Standards Board Statement 34 (GASB34). An aggressive schedule, copy attached, has been developed. The schedule notes the funding vehicle as formation of a Utility, but . that decision has not been made yet. It could be included in a separate cost center within the existing Water/Wastewater Utility. Typically stormwater funding is in the form of a separate Utility but it is not our intention to form another division within Public Works. It is envisioned that an additional engineer would be needed along with additional field crew as needed to support the added maintenance requirements of the ESA 4( d) rule. To meet ESA and 4( d) rule requirements a maintenance program will be need to be in place as soon as possible. We are meeting with Clallam County and other impacted agencies in the area to develop a plan acceptable to the National Marine Fisheries Service (NMFS) and United States Fish and Wildlife Service (USFWS). It may not be possible by the January 8, 200 I deadline to have approved maintenance programs in place for protection of the Chinook Salmon. Our program is anticipated to follow the Tri Counties program which has yet to be approved. Our consultant, Brown and Caldwell, will be assisting us as we work with the local developers/ builders, citizens groups and local agencies, in formation of this program. We will need to adopt the updated DOE Stormwater Manual as a technical standard to be followed in review of development. We will also be enlisting the support ofPSWQA (Harriet Beale) in presentations. Attach: Schedule . N:\PWKS\ENGINEER\STRMCRSP\UTLFRM2.WPD 95 nJ J _ 96 ~ .~ \ ~ ' . ST,9Rl\1WATER UTILITY F.ORMATION . . . Outline and schedule 1. Meet with UAC to outlin~ ~teps and schedule November 13, 2000 - . / 2. Meet with Consultant, Brown & Caldwell re support needs November 15, 2000 3. Review regulatory (DOE, WDF, ESA, GASB, ...) requirements; Start December 15,2000 4. Develop fmancial revenue, manpower, and CIP program to meet January, 2001 regulatory requirements and correct current stormwater problem areas. 5. Present Stormwater Program and Utility Formation report to UAC . February, 2001 prior to meeting with users. 6. Following UAC, hold public meeting. Also meet with local developers February, 2001 builders, citizens groups, County and consultants regarding formation of the Stormwater Utility. 7. Present meeting results and revised formation recomendations to UAC March, 2001 8. Hold Public Hearing on Stormwater Utility Formation March 20,2001 . 9. Council meeting to form Stormwater Utility. April 3, 2001 N;\PWKS\ENGINEER\STRMCRSP\UTLFRM 1. WPD . 'J:~~':::" ,i"',' ,. \01')' o i ~ ~ORT .ANGELES WAS H I N G TON, U. S. A. PUBLIC WORKS & UTILITIES DEPARTMENT DATE: November 27, 2000 To: CITY MANAGER FROM: Glenn A. Cutler, Director of Public Works and Utilities ~. SUJJ,JECT: Construction Project Status: Downtown Watermain and Sidewalk Replacement and 8th Street Reconstruction Downtown Watermain and Sidewalk Replacement: The project work on Front Street has been substantially completed. The traffic control has been removed and only minor cleanup items (downspout connections and minor paver adjustments to remove puddles at low spots to avoid icing problems) remain to be corrected hopefully by weeks end. The work on the east side of Laurel between Railroad and First Streets will be delayed until after the first of the year to avoid interruption of holiday shopping. Weather permitting, project completion is anticipated by May 200 I. . 8th Street Reconstruction: The project is being delayed by winter weather conditions which prevent asphalt paving to proceed. Asphalt paving requires temperature above 40 degrees and dry conditions to provide a durable quality driving surface. At the time of the contract award in late September it was hoped that weather would allow completion of the paving this year while realizing that early cool or wet conditions would delay completion until spring. Paving has been substantially completed from C Street east to the Tumwater bridge. The first course of paving for the traveled ways has been completed to Lincoln Street and the shoulders have been ground for paving later. The contractor, Lakeside Industries, will improve the driving surface at the Lincoln Street intersection, provide safety striping, and complete the concrete work at Chase Street prior to winter shutdown. They will also sweep and maintain a smooth driving surface thru the winter months. Limited concrete and signal work may continue as weather permits. When spring weather permits major paving operations the project will resume. It is anticipated that the project will be completed by mid to late Spring 200 I. In both projects the contractor is responsible to maintain the project in a safe condition and make repairs as necessary. Copy: City Council . N:\PROJECTS\99-08ST\ST A TUS I A. WPD 97 ,I; :!. . ; i '. ~ i i; , 98 !; . . . ,- . DATE: To: FROM: SUBJECT: ~ORTANGELES WAS H I N G TON, U. S. A. CITY COUNciL MEMO December 5, 2000 MAYOR DOYLE AND CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities N''-t.... / Property Exchange for Airport Road/Lauridsen Blvd. Right of Way Summary: The property exchange between the City of Port Angeles and the Port of Port Angeles will complete the right of way acquisition to conform to the approved design. The properties exchanged are equal in size. There will be no cost to the City other than normal closing and recording fees. . Recommendation: Approve the property exchange agreement, authorize the mayor to sign the a2reement and the final closin2 documents. Back~round / Analysis: During the early design and right of way phase of the Airport Road/Lauridsen Blvd./Edgewood Drive Project, the City acquired a parcel of land from the Port of Port Angeles for a storm water detention pond. The FAA, during their review, required that the pond be redesigned and relocated. They required a long narrow detention area rather than the rectangular design for which the City acquired property from the Port of Port Angeles. The land area required for the new pond location is equal in size to the property acquired for the rectangular pond. Staff proposed to the Port of Port Angeles a no-cost property agreement to acquire the area needed for the new detention pond design in exchange for the previously acquired rectangular pond area that is no longer needed for the project. This exchange will complete the right of way acquisition necessary to construct the project. The property exchange agreement is acceptable to the Commissioners for the Port of Port Angeles and has been signed by the Port Director. Attach: Agreement Site Map . N:\PROJECTS\91-07 AR\MEMOS\CCROWEXC. WPD ... 99 MEMORANDUM OF AGREEMENT / BETWEEN THE CITY QF PORT ANGELES AND THE PORT OF PORT ANGELES FOREXCHAN:GE OF REAL PROPERTY ./ . This Memorandum of Agreement is entered into by and between the City of Port Angeles and the Port of Port Angeles, municipal corporations of the State of Washington. Representations I. During the right-of-way acquisition phase of the Lauridsen Blvd./Edgewood Drive/Airport Road Realignment Project (hereinafter referred to as the "Project"), the City of Port Angeles acquired a parcel of land, consisting of approximately 58,000 square feet, from the Port of Port Angeles. This property was intended to be used as a stormwater detention area for the Project. Said area is legally described and shown in the attached Exhibit "A". 2. During design review for the Project, the Federal Aviation Administration required the stormwater detention area to be moved and reconfigured on a portion of said property and additional adjacent property owned by the Port. This relocation and reconfiguration of the stormwater detention area is located further from the airport runways and is less attractive to birds. Said area is legally described and shown in the attached Exhibit "B". . 3. The square footage of the two parcels is identical, and it is in the mutual interest of the City and th_~ Port to exchange the two properties to facilitate the completion of the stormwater detention area for the Project. Agreements In consideration of the above representations and the following agreements, the City of Port Angeles and the Port of Port Angeles hereby agree as follows: I. In order to complete the stormwater detention facilities necessary for the Lauridsen Blvd./Edgewood Drive/Airport Road Realignment Project, the parties agree to the exchange of like parcels of land as set forth herein. 2. The City agrees to convey to the Port the property legally described and shown in the attached Exhibit "A". With the conveyance of this property all previous Federal Aviation Administration encumbrances on the property will be reinstated. 3. The Port agrees to convey to the City the property . legally described and shown in the attached Exhibit "B". With the conveyance of this property the City agrees to provide an Memorandwn of Agreement - Page 1 of2 F:\AGREEMENTS&CONTRACTS\port-exchange-agr.wpd . 100 . . . " .,.,.,. "-~~';~;? ':~'~f", avigation easement to the Port. The avigation easement shall be in accordance with Federal . . Aviation Administration Standards. 4. The parties agree that the City of Port Angeles shall bear all closing costs for this property exchange. 5. The parties agree that this property exchange will be accomplished at the offices of Land Title, which shall be authorized to prepare the necessary documents to consummate the transaction, at the earliest convenience of the parties. The parties hereby execute this Memorandum of Agreement by their undersigned duly authorized representatives. PORT OF PORT ANGELES CITY OF PORT ANGELES By: Title: Date: (!ff~ By: Executive Director Title: October 24, 2000 Date: Attest: Becky J. Upton, City Clerk Approved as to form: ~ Memorandum of Agreement - Page 2 of 2 F:\AGREEMENTS&CONTRACTS\port-exchange-agr. wpd 101 r~ ~ ~ ~ 8 ~ ~ s::: )>- "U Vl o :I: r+ 0 ~ :::E Vl 1 )( ;:0 0 )>- 0 ~ ~ ~ ~ C5 3. z s::: rTJ Z i -i )>- ~ t rTJ ;:0 "U ;:0 0 t... rTJ () -i () 0 :::- s::: ell "U .. r )C rTJ -i 0 z b.. 'l "'~"""'~~~ .....__~~~..~....-..~~~..~...._._...~..,............._ ...AAA................_.....................-...-....,.............,.....~_............,._....~....._...................~........~....._u..~_.......~~.........................................................-......................................................................-..............,........................................_....._.........................u.u...u...._... ......................... ...-............................--..--........................................--............................i i i i ! ! i i i i i . i 0- \\,\) ~ ~~Gl>-\' ~. ~\o~ ~\\-\-~~~~~o~'\ - DUE TO PROCEDURAL REQUIREMENTS THE OVERLAPPING AREA WILL BE DEEDED TO THE PORT OF P.A. AS A PART OF THE CITY OWNED RECTANGULAR AREA. THIS PORTION WILL THEN BE DEEDED BACK THE THE CITY AS SHOWN. CITY OF PORT ANGELES PROPERTY TO BE DEEDED TO THE PORT OF PORT ANGELES PORT OF PORT ANGELES PROPERTY TO BE DEEDED TO THE CITY OF PORT ANGELES ............u...._.......................................................-..........................................................................n... ...............................................-.........--.....................--..............-.............................-.................. I I i I 1 1 .1 I I 1 I . '. i i I 1 i I 1 I I i i i i I I I I I ................1 -Ll