HomeMy WebLinkAbout3549 ORDINANCE NO. _. _
AN ORDINANCE of the City of Port Angeles, Washington, revising
Title 17 of the Port Angeles Municipal Code by adding a new
Chapter 17.16 Cottage Housing Development Overlay Zone.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY
ORDAIN AS FOLLOWS:
WHEREAS, Cottage Housing areas are important to the City of Port Angeles.
Section 1. Ordinance 1709, as amended, and Title 17 of the Port Angeles
Municipal Code are hereby amended by adding a new Chapter 17.16 to Title 17 as
follows:
CHAPTER 17.16 COTTAGE HOUSING DEVELOPMENT OVERLAY ZONE.
17.16.010 Purpose.
17.16.011 Definitions.
17.16.020 Applicability.
17.16.030 Permitted uses.
17.16.031 Conditional uses.
17.16.040 Permitted modifications of land use regulations.
17.16.050 Standards.
17.16.060 Density.
17.16.070 Procedure for approval.
17.16.080 Pre-application review.
17.16.090 Application procedure.
17.16.100 Routing and staff recommendations.
17.16.110 Hearing Examiner public hearing— Scheduling and notice.
17.16.120 Hearing Examiner decision—Preliminary development plans.
17.16.140 Final approval of Cottage Housing Development (CHD).
17.16.170 Building permits.
17.16.180 Modifications after final approval.
17.16.010 - Purpose.
This Overlay Zone is to provide alternative zoning regulations that permit and encourage the
use of small housing design, conservation and protection of natural critical area amenities,
and innovation in residential structure organization to those regulations found in the
underlying zone.
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It is intended that a Cottage Housing Development (CHD) will result in a residential
development using nontraditional small housing concepts, such as clustering. A CHD
application may be made for all high and medium density zones as well as RS-7 zones. The
resulting development shall be done in a manner consonant with the public health, safety, and
welfare illustrated in an approved site design that provides all of the components of a fully
developed residential neighborhood, such as open space, circulation choices, pre-determined
building types and locations, natural feature protection, and utility services. Clustering will
promote cost savings in infrastructure installation and maintenance by such techniques as
reducing the distance over which utilities, such as water and sewer lines, need to be extended.
Cluster development will provide opportunities for social interaction and walking in open
space areas.
A CHD application may combine land use decisions such as critical areas protection and
boundary line adjustments into a single project review process to encourage timely public
hearings and decisions. A CHD may be used to provide for open space conservation while
allowing housing densities of the underlying zone. The consolidation of permit reviews does
not exempt applicant(s) from meeting the regulations and submitting the fees and
applications normally required for the underlying permit processes. Few nonresidential uses
are allowed in this overlay zone and then only conditionally, because of land use impacts
associated with nonresidential uses.
This overlay zone provides for the opportunity to create self-contained residential
neighborhoods with a pre-determined variety of housing choices and while following a
standard system of existing public streets.
17.16.011 - Definitions.
A. Common usable space: Area within a CHD that is accessible and usable to all
residents of the development and that is:
1. Land that is unoccupied by buildings or parking areas.
2. Land that is dedicated to communal buildings, structures or facilities, such as laundry
facilities or recreation areas.
3. Land that is dedicated to an open space purpose of the CHD such as preservation of
natural features.
4. Land protected by the Environmentally Sensitive Areas Protection Ordinance (PAMC
Title 15), other than buffer areas, may not be included as common usable open space for
recreational purposes.
5. To be considered common usable space, the area must be usable for specific or multi-
purpose activities, be located on generally level land, be regularly shaped and contain a
minimum of 1,000 square feet.
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B. Neighborhood density: The number of dwelling units per acre allowed by the
underlying zone or zones.
C. Cottage Housing Development (CHD): A site specific development that has been
approved by the City under the provisions of Chapter 17.16 of the Port Angeles Municipal
Code.
D. Recreational purpose: An express intent of a space design and development to service
a particular healthful or aesthetic activity.
E. Small housing: The use of small structures (typically smaller than 750 square feet in
area) that may include cottage housing, prefabricated modular units or other designs. All
residential dwelling units must be placed on a suitable foundation and permanently connected
to utilities per the USS&G.
F. Townsite block: A block of 450/500-foot by 300-foot dimension or 2.9 acres as
created by the original platting of the Townsite of Port Angeles.
17.16.020 -Applicability.
CHDs may be established, subject to final approval of a proposal for a specific parcel or
parcels of land in residential districts zoned RS-7, RMD, RHD and PBP. A CHD shall
contain a minimum of 21,000 square feet with densities permitted per the underlying zone or
zones per 17.16.060.
€ 17.16.030 - Permitted uses.
Residential building types in a CHD are intended to vary from those permitted in the
underlying zone or zones in that small residential structures of less than 750 square feet are
required. Community structures, including automobile storage, available to all residents may
be allowed.
17.16.031 - Conditional uses.
A. Personal services
B. Child day care centers and pre-schools
C. Shared community uses, i.e., garages, storage buildings, public parks, community
gardens and recreation buildings and facilities (sport courts, playground equipment
swimming pools, community buildings w/ game rooms or areas for entertaining) community
laundries.
D. Home occupations
E. Group homes, nursing homes, assisted living homes, convalescent homes, residential
care facilities, etc.
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The approval of a CHD may include modifications in the requirements and standards of the
underlying land use regulations of the zone in which the project is located subject to the
limitations of this chapter. Any modification to the requirements and standards of the
underlying zone must be specifically described in the application materials and be thoroughly
reviewed to be included in the final CHD approval. No approval shall include a modification
of an environmentally sensitive area buffer, reduction of standards of PAMC 15.20.070,
15.24.070(3), or of the requirements of the Shoreline Master Program except as provided in
Chapter 173-14 WAC.
17.16.040 - Permitted modifications of land use regulations.
The approval of a CHD may include modifications in the requirements and standards of the
underlying land use regulations of the zone in which the project is located subject to the
limitations of this chapter. Any modification to the requirements and standards of the
underlying zone must be specifically described in the application materials and be thoroughly
reviewed to be included in the final CHD approval. No approval shall include a modification
of an environmentally sensitive area buffer, reduction of standards of PAMC 15.20.070,
15.24.070(3), or of the requirements of the Shoreline Master Program except as provided in
Chapter 173-14 WAC.
17.16.050 - Standards.
The following standards shall apply to all CHDs:
A. All street and utility improvements shall be constructed to urban standards specified
by the City of Port Angeles. Interior streets intended to be dedicated to the City must meet
minimum standards set forth in the City of Port Angeles Urban Standards and Guidelines
manual.
B. All CHDs shall devote not less than 25 percent of the gross area of the site to
common open space, none of which will be credited in the setback areas required along the
exterior property lines of the CHD. Street rights-of-way, driveways, parking lots and utility
structures shall not be counted as part of the common usable open space. Common open
space shall be maintained as an integral part of the site and may not be segregated as a
separate parcel or parcels unless such parcels are to be owned by a homeowners association.
Community recreation facilities and recreation structures shall be included in calculating the
area devoted to common usable open space.
C. All CHDs shall provide for continuous and perpetual maintenance of common open
space, common recreation facilities, private roads, utilities, parking areas and other similar
development within the boundaries of the CHD in form and manner acceptable to the City.
D. A minimum separation of 10 feet shall be provided between all principal buildings
and structures.
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E. A minimum yard or common open space of at least 20 feet in depth shall be provided,
as measured from all public streets. A minimum of 10 feet shall be provided from all alleys
and a minimum of 7 feet shall be provided for side yards not abutting a street or alley.
F. More than one principal building or structure may be placed on a lot.
G. Boundary line adjustment shall be required for all projects that involve or
contemplate the reorganization of property lines. Individual residential units in a CHD may
be sold to separate owners using the binding site plan method of land segregation. Individual
ownership of small residential structures shall include a percentage ownership in community
or common use areas or structures. No further subdivision of land within the CHD will be
permitted unless a formal amendment to the CHD is approved. Individual housing sites may
be created that are smaller than that allowed by the underlying zone.
H. Conditional use permits shall be required for all projects that involve or contemplate
conditional uses that may be allowed in the underlying zone(s). In addition to the conditional
uses allowed in the underlying zone(s), neighborhood commercial and commercial
recreational uses may be considered for conditional use permit(s) during the CHD approval
process. No further conditional use permits except home occupations, will be permitted
within the CHD unless a formal amendment to the CHD is approved.
I. For any underlying land use regulatory process that is consolidated through the CHD
overlay process, the criteria and development standards of that underlying land use process
shall be met. Any subsequent land use decision made pursuant to an underlying land use
regulatory process shall also require a formal amendment to the CHD.
( J. To encourage design flexibility, conservation of natural amenities, and housing
innovations that result in a residential environment not allowed by traditional subdivisions,
site planning and architectural review shall address specific criteria required of all
development in a CHD. Where applicable, the design of CHDs shall accomplish the
following to the greatest extent possible:
1. Preserve unique physical features of the site including, but not limited to, creeks,
wetlands, ravines, bluffs, lakes or ponds, shorelines, and forest areas consistent with Section
15.20 and 15.24 PAMC;
2. Enhance stormwater management by reducing building foot prints;
3. Encourage more walkable communities by providing complete streets and
interconnecting pedestrian corridors; and
4. The design of all open space areas and building structures shall be compatible with
and complementary to the environment in which they are placed.
K. Parking requirements may be reduced below the two spaces per dwelling unit only
when specific covenants or restrictions limit vehicle ownership to one vehicle per residential
unit.
1. All CHDs shall comply with the goals and policies of the Port Angeles
Comprehensive Plan.
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17.16.060 - Density.
A. Every CHD shall be allowed the gross density of the underlying zone or zones in
which the site is located on the portions of the site exclusive of environmentally sensitive
areas. The gross density of the development may be entirely located on a single tax parcel to
facilitate clustering of structures.
B. Density credits for environmentally sensitive areas protected by Title 15 PAMC shall
be allowed in addition to the base density calculated for the buildable area of the site per
section 15.20.070(F) and section 15.24.070(F).
C. Density bonus of up to 25% of the maximum number of dwelling units in the cluster
development if the percent of density bonus is no greater than the percent of the gross area of
the cluster development that is:
1. Set aside as and conveyed as common open space to the City of Port Angeles and
accepted by it for park, open space, or other specified use or uses, in a form approved by the
City. The percentage of density bonus may be no greater than the percent of the gross area of
the cluster that is set aside and conveyed as common open space and accessible to the public.
2. Set aside to a nonprofit organization whose principal purpose is the conservation of
open space, to a corporation or trust owned by the owners of lots or dwelling units within the
CHD, or to owners of shares within a cooperative development. If such a corporation or trust
is used, ownership shall pass with the conveyances of the lots or dwelling units. The
conveyance shall be approved by the hearing examiner and shall be in a form approved by
the City of Port Angeles attorney;
3. In any case, where the common open space in a residential cluster development is
conveyed pursuant to above, a deed restriction enforceable by the City shall be recorded that
provides that the common open space shall be kept in the authorized conditions(s) and not be
developed for principal uses, accessory uses, parking, or roadways.
4. Density bonus may be approve up to 25% of the maximum number of dwelling units
in the cluster development for use of small homes (<750 SF), reduced parking requirement
for small homes, tight clustering (keeping small homes close together), shared use facilities,
i.e., laundry, recreation, vehicle storage, etc. The percentage of density bonus is no greater
than the percent of the gross area of the cluster development that is dedicated to use by
residents of the cluster development.
17.16.070 - Procedure for approval.
The procedure for approval of a CHD shall be composed of three steps:
A. Conceptual plan submittal and neighborhood meeting. This step occurs before an
application is accepted as complete by the City;
B. Public hearing on the development plan and, if applicable, the preliminary plat and
other permit actions by the Hearings Examiner;
C. Approval by the Hearings Examiner on the final development plan and plat.
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17.16.080 - Pre-application review.
Prior to applying for a CHD, a developer shall submit a conceptual plan to the Department of
Community and Economic Development (DCED). The conceptual plan will be reviewed for
its general compliance with the intent, standards and provisions of this chapter and other City
ordinances by the appropriate departments of the City, and written comments in regard to the
plan will be furnished to the developer. The conceptual plan shall contain in sketch form all
of the information required in section 17.16.090.E. and G.
After the conceptual plan review and prior to accepting a CHD application, the City shall
require a neighborhood meeting. The neighborhood meeting shall be organized and
sponsored by the project proponent. Neighbors within 300 feet of the proposed location shall
be included in notification of the meeting. The purpose of the meeting will be to solicit
information regarding design alternatives to minimize any adverse impacts from the CHD
and to alleviate community concerns.
17.16.090 -Application procedure.
Prior to applying for a CHD, a developer shall submit a concept plan to the Department of
Community and Economic Development (DCED). The concept plan will be reviewed for its
general compliance with the intent, standards and provisions of this chapter and other City
ordinances by the appropriate departments of the City, and written comments in regard to the
plan will be furnished to the developer.
The application for a CHD shall contain the following:
A. The name, location and legal description of the proposed development, together with
the names, addresses and telephone numbers of the recorded owners of the land and of the
applicant and, if applicable, the names, addresses and telephone numbers of any land
surveyor, architect, planner, designer, or engineer responsible for the preparation of the plan,
and of any authorized representative of the applicant.
B. A narrative explaining the proposed organization of the land and building, including
the proposed number of dwelling units and their size and arrangement on the site, proposed
common use structures, information on any special site features, conditions of which cannot
be adequately shown on drawings; and an explanation of proposed covenants, continuous
maintenance provisions, and/or homeowners association for the project.
C. A survey of the property showing features, including contours at five-foot intervals,
existing buildings or structures, streets, existing utilities and easements, rights-of-way,
environmentally sensitive areas, and other existing land uses.
D. A vegetation survey of the property by either (a) an aerial photograph of the property
in a scale acceptable to the City, that identifies significant groupings of trees and unusual or
fine specimens of their species; OR (b) a survey of all trees over 8 inches in trunk diameter
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measured at four and one half feet above the ground; as determined by the Director of
DCED, in those areas where improvements are proposed. General wooded areas where no
improvements are proposed will require a vegetation survey containing the following
elements:
1. A mapping of the extent of the wooded areas with survey of perimeter trees only.
2. A narrative regarding the types (species) and condition of the trees and under-story in
the wooded area.
3. Identification of trees that are unusual or fine specimens of their species.
4. In general wooded areas where minor improvements are proposed, a survey of trees
over 8 inches in trunk diameter measured at four and one half feet above the ground will be
required to a reasonable distance around the improvements.
5. Where individual or groups of trees are proposed to remain, a Critical Root Protection
Zone shall be established. The CRPZ shall extend 1.5 feet for each 1 inch of trunk diameter
of the individual tree or from the trees forming the outer perimeter of a group of trees.
E. Preliminary site plans showing existing and proposed contours at five-foot intervals,
location and dimensions of proposed buildings, open space, recreation areas, parking areas,
circulation, landscape areas, subdivision platting and general arrangement.
F. Detailed site statistics including but not limited to:
1. Total site area in both acres and square feet;
2. Site coverage expressed in square feet and percentage of;
a. Total footprint area of buildings for:
i. Residential structures;
ii. Non-residential structures.
b. Roadway and sidewalk paved surfaces;
C. Parking lot areas;
d. Any areas paved with permeable paving systems;
3. Total area in lots;
4. Common open space areas;
5. Number and location of off-street parking spaces;
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6. Number of residential units proposed;
7. Total number of lots being created;
8. Density of site expressed as residential units per acre.
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G. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04
and 16.08 PAMC.
H. If a developer elects to obtain additional density credits, the site plan application shall
contain specific information relating to the additional density credit criteria of section
15.20.070 and 15.24.070.
1. Preliminary elevation and perspective drawings of project structures and Individual
building footprints;
J. A preliminary utilities plan, including fire hydrant locations.
K. A preliminary storm drainage plan with calculation of impervious areas.
L. A circulation plan showing all means of vehicular and pedestrian ingress and egress
to and from the site; size and location of driveways, streets, sidewalks, trails, and off-street
parking spaces. Any new traffic control devices required for the safety of the project must be
shown.
M. Mailing labels of property owners within 300 feet of the proposed project pursuant to
section 17.96.140 PAMC.
17.16.100 - Routing and staff recommendations.
Upon receipt of an application satisfying the requirements of section 17.16.090, the
Department of Community and Economic Development (DCED) shall route the same to all
appropriate City Departments. Each department shall return recommendations and
comments regarding the application to DCED. The Planning Division shall prepare a report
to the Hearings Examiner summarizing the factors involved, the recommendations of other
departments and the DCED including findings and conclusions. A copy of the report shall be
mailed to the applicant and copies shall be made available, at cost, for use by any interested
party.
17.16.110 - Hearing Examiner Public hearing—Scheduling and notice.
Upon receipt of an application satisfying the requirements of section 17.16.090, the DCED
shall schedule a public hearing before the Hearing Examiner. Public notice shall be given as
provided in section 17.96.140.
17.16.120 - Hearing Examiner decision—Preliminary development Plans.
Prior to making a final decision on an application for a CHD, the Hearings Examiner shall
hold a public hearing. The Hearing Examiner's decision of approval, denial, or approval with
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modifications or conditions shall be made in written form based upon compliance with
section 17.16.050 and the following criteria:
A. The proposed development will comply with the policies of the comprehensive plan
and further attainment of the objectives and goals of the comprehensive plan.
B. The proposed development will, through the improved utilization of open space,
natural topography, transitional housing densities and integrated circulation systems, create a
residential environment of higher quality than that normally achieved by traditional
development of a subdivision.
C. The proposed development will be compatible with adjacent, existing, and future
developments.
D. All necessary municipal utilities, services, and facilities, existing and proposed, are
adequate to serve the proposed development.
E. Buildings and structures are adequately grouped so at least 25% of the total areas of
the site is set aside as common open space. To the greatest degree practicable, common open
space shall be designated as a single block and not divided into unconnected small parcels
located in various parts of the development.
F. The site plan establishes, where applicable, an upland buffer of vegetation as required
for environmentally sensitive areas per PANIC 15.20 and 15.24.
G. Pedestrians can easily access common open space.
H. Internal streets serving the proposed development are adequate to serve anticipated
traffic levels and the street system of the proposed development is functionally connected by
an improved collector street to at least one improved arterial street.
1. If the development is planned to occur in phases, each phase shall meet the
requirements of a complete development.
17.16.140 - Final approval of Cottage Housing Development (CHD).
Final approval of a CHD that involves subdivision of the underlying property shall be
submitted within five years of preliminary CHD approval. An application for final review of
a CHD that does not involve a subdivision of the underlying property shall be submitted
within two years of the preliminary development plan approval; provided that for phased
CHD's, each phase shall have an additional one-year period for final approval; and provided
further that an applicant may apply to the Hearing Examiner, and the Hearing Examiner may
approve, one or more one-year extensions as the Hearing Examiner may deem appropriate.
The site must be under one ownership prior to final approval by the DCED, and the
application for final approval must be made by the owners of the entire site. The application
shall include the following:
A. A title report showing record ownership of the parcel or parcels upon which the CHD
is to be developed.
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B. Adequate assurance for the retention and continued maintenance of common open
space, recreation facilities and structures. If development is to be done in phases, each phase
must meet the requirements of this section.
C. Adequate assurance for the retention and continued maintenance of environmentally
sensitive areas and their buffers. If development is to be done in phases, each phase must
meet the requirement of this section.
D. Final development plans that shall be in compliance with the approved preliminary
development plans.
E. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and
16.08 PANIC.
F. Development schedule.
G. Bond or other form of security acceptable to the City in a sufficient amount to
complete the project or submitted phase, as determined by the City.
H. Covenants, conditions and restrictions and/or homeowners' association agreement.
17.16.170 - Building permits.
The Building Division shall issue building permits for buildings and structures that conform
with the approved development plans for the CHD. Community and Economic Development
Department will require conformity with all other applicable City and state ordinances and
regulations. The Community and Economic Development Department shall issue a
certificate of occupancy for completed nonresidential buildings or structures that conform to
requirements of the approved development plans and all other applicable City and state
ordinances and regulations for such occupancies. The construction and development of all
common open spaces, including recreational facilities, and other public improvements of
each project phase must be completed before any certificates of occupancy will be issued
except when bonds or other acceptable forms of security are deposited assuring the
completion of such facilities within six months of approval of final CHD.
17.16.180 - Modifications of hearing examiner approval.
The Hearing Examiner's approval shall be binding upon the development. Design variations
from the plan must be submitted to the Hearing Examiner for approval and amendment of the
ordinance, except for minor changes, as follows:
The DCED is authorized to allow minor adjustments in the development schedule, location,
placement, height, or dimension of buildings and structures, not to exceed an alteration of ten
percent in height or ten feet in any other direction, when such minor changes and alterations
are required by engineering and other circumstances not foreseen or reasonably foreseeable
at the time of approval of the final development plans; except that such adjustments shall not:
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• Increase the total amount of floor space authorized in the approved final CHD, or the
number of dwelling units or density, or
• decrease the amount of parking or loading facilities, or
• permit buildings to locate closer to the closest boundary line, or
• decrease the amount of open space, or
• change any points of ingress or egress to the site, or
• extend the development schedule for not more than 12 months.
Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to,
the correction of the scrivener's/clerical errors, references, ordinance numbering,
section/subsectionnumbers and any references thereto. I
Section 3 - Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, are held invalid,the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not affected.
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Section 4 - Effective Date. This Ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This ordinance shall
take effect five (5) days after passage and publication of an approved summary thereof
consisting of the title.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the day of January,2016. f
1 , Mayor
Pp AS TO FQ
ru
William E. Bloor, Ci Attorney'—AJTEST:
UMUT
i(intlife-tWen eklasen, City Clerk
PUBLISHED._.aJaf( 0 , 2016
By Summary
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Summary of Ordinance Adopted by the
Port Angeles City Council on
January 5, 2016
Ordinance No. 3548
AN ORDINANCE of the City of Port Angeles, Washington makes changes to incorporate a
Hearing Examiner, reduce setbacks for accessory residential units, and make minor amendments
to terminology and word usage more consistent in Title 17, Chapters 17.01, 17.08, 17.10, 17.11,
17.12, 17.13, 17.14, 17.15, 17.17, 17.18, 17.19, 17.21, 17.22, 17.23, 17.24, 17.25, 17.31, 17.34,
17.35, 17.37, 17.44, 17.45, 17.52, 17.95, and 17.96 of the Port Angeles Municipal Code all
relating to zoning. This Ordinance shall take effect five days after passage and publication of the
summary.
Ordinance No. 3549
AN ORDINANCE of the City of Port Angeles, Washington, revises Title 17 of the Port Angeles
Municipal Code by adding a new Chapter 17.16 Cottage Housing Development Overlay Zone.
This Ordinance shall take effect five days after passage and publication of the summary.
The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's
website at www.cityofpa.us, or will be mailed upon request. Office hours are Monday through
Friday 8:00 a.m. to 5:00 p.m.
Jennifer Veneklasen
City Clerk
Published: January 10, 2016