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Home My WebLink AboutPC Agenda Packet 2018-08-08 AGENDA PLANNING COMMISSION 321 East Fifth Street August 8, 2018 6:00 p.m. I. CALL TO ORDER Pledge of Allegiance led by Chair II. ROLL CALL III. PUBLIC COMMENT IV. APPROVAL OF MINUTES Regular meeting of June 27, 2018 V. ACTION/DISCUSSION ITEMS/OTHER BUSINESS 1. Façade Grant Application for Bliss Wood (No. 18-07) – 207 West 1st Street 2. Council Forwarded Temporary Dwelling Unit Ordinance (Discussion) VI. STAFF UPDATES VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT C OMMUNITY & E CONOMIC DEVELOPMENT MINUTES PLANNING COMMISSION City Council Chambers Port Angeles, Washington 98362 June 27, 2018 6:00 p.m. REGULAR MEETING PLEDGE OF ALLEGIANCE Vice Chair Hopkins opened the regular meeting at 6:00 p.m. ROLL CALL Commissioners Present: Pamela Hastings, Duane Morris, Steven Hopkins (Vice-Chair), Amy Powell, Benjamin Stanley Commissioners Absent: Andrew Schwab (Chair), City Staff Present: Allyson Brekke (Planning Manager) Public Present: John Ralston, Tom Curry, Erik Marks COMMUNICATIONS FROM THE PUBLIC John Ralston, PO Box 898, Port Angeles, WA 98362 Mr. Ralston spoke to the importance of short term rentals in the community. He appreciates the façade grant program and suggested that all applications require bids to be prepared by professionals APPROVAL OF MINUTES: Commissioner Stanley made a motion to approve the June 13, 2018 Minutes. Commissioner Hastings seconded the motion, all were in approval. ACTION/DISCUSSION ITEMS/OTHER BUSINESS 1. Planning Commission Minutes Policy Planning Manager Allyson Brekke announced a proposal to amend the Planning Commission minutes policy from more in-depth minutes based on verbatim communication from Staff, the Planning Commission, applicants, and the public to action minutes that would be supported by digital audio recordings. Commissioners Hopkins, Stanley and Morris voiced their support of the change in policy. 2. Façade Grant Application for The Landing Mall (No. 18-09) – 115 East Railroad Avenue Manager Brekke presented the Staff Report for Sign Grant No. 18-09. The proposal requests $1,000.00 towards sign improvements valued at $2,500.00 and includes the Planning Commission Minutes June 27, 2018 Page 2 improvement and repair a four panel sign for the mixed use building located at 115 East Railroad Avenue. Commissioner Hopkins made a motion to approve Sign Grant No. 18-09 citing the 6 conditions listed in the Staff Report. Commission Morris seconded the motion, all were in approval. 3. Façade Grant Application for Barhop (No. 18-08) – 124 West Railroad Avenue Manager Brekke presented the Staff Report for Facade Grant No. 18-08. The proposal requests $30,000.00 towards façade improvements valued at $62,800.00 and includes (1) removal and relocation of the entry stairs to the center of the front façade of the building and the installation of entry trellises; (2) removal and relocation of the entry ADA compliant ramp to the eastern side of the front façade of the building; (3) addition of an approximate 12 by 39 square foot outdoor deck space for outdoor dining; (4) renovation of the existing front façade to include a glass garage and french doors for entry/exits to the proposed deck; (5) a bicycle rack on the western side of the deck; and (6) three planters along the sidewalk at 124 West Railroad Avenue. Commissioner Hopkins asked if the property owner would be required to participate in the contract. Manager Brekke responded that the contract would be between the business and the City of port Angeles. The property owner had signed the application and is aware of the proposal. Commissioner Morris made a motion to approve Façade Grant No. 18-08 citing the 7 conditions located in the Staff Report. Commissioner Hastings seconded the motion, all were in approval. STAFF UPDATES None. REPORTS OF COMMISSION MEMBERS Commissioner Stanley made the Commission aware that he may potentially be unable to attend the joint Commission/Council meeting if it is held on September 12th. ADJOURNMENT Commisioner Stanley made a motion to adjourn, Commission Powell seconded. The meeting adjourned at 6:39 p.m. Ben Braudrick, Secretary Steven Hopkins, Vice-Chair PREPARED BY: Ben Braudrick, Secretary TO: Planning Commission FROM: Ben Braudrick, Assistant Planner MEETING DATE: August 8, 2018 RE: Façade Grant Application for Bliss Salon, 207 West Front Street (Grant No. 18-07) APPLICANT: Bliss Wood, Port Angeles, WA 98362 OWNER: Port Angeles Properties, 217 West 4th Street, Port Angeles, WA 98362 LOCATION: 207 West 1st Street, Port Angeles, WA 98362 RECOMMENDATION: Staff recommends the facade grant award amount of $10,000 toward the reconstruction of a rear deck with concrete, overhead structure, and the construction of a 4 foot walkway connecting to the 1st/Front alley (Grant No. 18-07). PROJECT SUMMARY Bliss Woods, owner of Bliss Salon and the property located at 208 West Front Street, is requesting a Façade Grant to rebuild and improve a deck, overhead structure, and 4 foot pedestrian access located at the rear alley side of the building(Grant Application No. 18-07). STAFF ANALYSIS The Community Façade and Sign Improvement Program was authorized by the City Council through the passing of ordinance. This authorization is represented in Chapter 2.80 of the Port Angeles Municipal Code. The Program will provide a grant for funding of façade improvements that will enhance the physical appearance, accessibility, and overall value of individual buildings as well as surrounding areas. In evaluating proposals for funding, Staff reviewed the “Evaluation criteria and prioritization” of Section 2.80.110: 1. Private contribution over and above the required match; Staff Analysis: Per the submitted budget, the applicant is providing above and beyond the required 50 percent match. The applicant is ready to begin work as soon as possible. Bliss Salon at 207 West 1st Street, No. 18-07 August 8th, 2018 Page 2 2. Present condition of existing façade: Staff Analysis: The applicant has already begun the demolition process by removing the overhead structure in order to install new electric utility connections. The existing deck is in poor shape and will be replaced by a stamped concrete patio with new railings designed by Lindberg and Smith Architects. 3. The buildings overall public visibility; Staff Analysis: The building has high public visibility along 1st Street. Improvements are being proposed in the rear alley side of the structure, which will contribute to a continuing effort by the City to encourage business and property owners in the Central Business District to create an active commercial atmosphere in the downtown alleyways. The rear of the building is currently visible across a public surface parking lot from Front Street. 4. Expected increase in assessed value of improvement; Staff Analysis: The improvements will reconstruct a deck with higher quality and longer lasting materials. The proposal is not increasing the size of the structure. 5. Historic Preservation; Staff Analysis: Staff could not find documentation of the rear deck’s age. The 207 West 1st Street building was built in the boom construction period of the 1920’s between the First World War and Great Depression. The reconstruction of deck will not diminish the building’s historic significance. 6. Context in the block or neighborhood; Figure 1: Current alley-facing façade with the overhead structure already removed for utility connection installation and a rendering of the north, alley facing elevation of the project once completed Bliss Salon at 207 West 1st Street, No. 18-07 August 8th, 2018 Page 3 Staff Analysis: The rear space of the building is part of a largely open set of rear lots that are set below a street grade. The grade of First Street was lifted during the sluicing of the hogback in 1914 and the removal of building s adjacent 207 West 1st Street has left gaps in the streetscape. The proposal includes providing formal access on the west side of the alley access parking for pedestrians wanting to enter the building from the rear. 7. Benefit partner projects on same block; Staff Analysis: This grant application is a partner project to a separate grant application (Grant No. 15-04 for the same building that completely renovated the façade, awning and windows for the structure in 2015, but grants have been provided to: 1. 215 West 1st Street, Athlete’s Choice Exterior Façade and Sign Grants 2. 200 West 1st Street, Country Aire Façade Renovation 3. 120 West 1st Street, Easy Street Coffee and Tea Façade renovation Bliss Salon at 207 West 1st Street, No. 18-07 August 8th, 2018 Page 4 FINDINGS, CONDITIONS & CONCLUSIONS Staff determines the following findings based on Staff’s review of the Program’s criteria: Findings 1. The Façade and Signage Grant application (No. 18-07) was submitted by Tommy Woods to the Department of Community and Economic Development on April 5th, 2018. Revisions occurred to the grant proposal and were resubmitted to Staff on April 16th, 2018. Further information was requested on that date, and those application materials were received on July 20, 2018. 2. The location of the proposal is 207 West 1st Street. 3. The project site is located within the Central Business District (CBD) zone. 4. The grant request includes the repair and improvement of the rear facade, including: a. Reconstruction of a deck using stamped concrete and higher quality railings b. Reconstruction of the overhead structure; and c. Installation of a 4 foot walkway from the alley to the deck entry stairwell 5. The application was reviewed by Planning Division Staff under the Façade and Sign Grant Program criteria, as included in Chapter 2.80 of the Port Angeles Municipal Code. 6. The applicant is requesting $10,000.00 toward façade improvements valued at $23,504.00. 7. The request will be heard by the Planning Commission at the regularly scheduled meeting on August 8, 2018. Based on the findings above, Staff makes the following conclusions: Conclusions 1. Grant Application No. 18-07 is found to provide for façade improvements that will enhance the physical appearance and overall value of the individual building and the surrounding area along the Front/1st alleyway corridor. 2. Grant Application No. 18-07 is found to meet the grant program’s criteria as included in Section 2.80.110 of the Port Angeles Municipal Code. 3. Therefore, Staff is recommending support of approval of the grant proposal with conditions of approval that outlines the requirements of the final award of funding Based on Staff’s finding and conclusions, the following conditions are placed on this grant application approval: Conditions 1. Upon the date the Planning Commission’s approval, the applicant may proceed with the expenditures detailed in the application. Bliss Salon at 207 West 1st Street, No. 18-07 August 8th, 2018 Page 5 2. The applicant shall sign a grant contract with the City of Port Angeles for the reimbursement of a maximum amount of $10,000 for façade improvements. The applicant will be given 180 days to submit reimbursement of expenditures associated with the approved grant proposal as of the Planning Commission action. If progress on the project can be demonstrated, the applicant may request one 180 day extension of the contract. 3. The applicant shall submit invoices for total reimbursement with a coversheet detailing each invoice number, amount, and type of payment and not exceeding the awarded grant amount. Reimbursement by the City will occur within 30 days of submission. 4. Prior to reimbursement, the property must be available to Staff for a site visit on the property confirming the work was done according to the approved grant application. 5. A building permit shall be required and submitted to the Department of Community & Economic Development for all construction work beyond repair. 6. Any labor performed in association with the grant proposal over $2000.00 must meet federal prevailing wage standards. ATTACHMENTS A. Application materials FSG FSc lB - o7 Applicant Name Contact Name (or SAM Contact Phone Nu Property Owner Name Prope Owner Phone Business Na Business FACADE AND SIGN GRANT APPLICATION Department of Community & Economic Developmen 321E.5th Street, PortAngeles, Vy'A 98362 360.417.4750 | www.cityof pa.us I ced@cityofpa.us ling 0Ø EmailAdd Mailing Address: l!Sntw )rlt l, the Contact, have read the Facaðe ,) and Sign Grant lnformation and Award Cover Sheet Handout and understand both the grant award process and required application materials for submission approval BIBusiness Address APR I $ 2018 & APPLICANT AND PROPERTY OWNER INFORMATION BUSINESS INFORMATION PROJECT INFORMATION lmprovement Type L Facade Grant tr Sign Grant Start Brief Project Description: End Date:/LL{i- LZQJÊ Project cost: ?3TOq?Total Funding requaara¡t' /fl ,ù>-) (Facade: not to excæed 1 0k and Sign: not to exceed 1 k) PROPERTY OWNER CONSENT (lf Not The Applicant) ïhe owner(s) of the above propefi is fully and agree to all proposed improvements described in grant application. Applicant proposal approved by property owner(s)úte/6Applicant's Signature Date úProperty Owner's Signature Date FSG FACADE & SIGN GRANT APPLICATION CHECKLIST 321 F," 5th Street, Port Angeies, WA 98362 360.417.4750 I www.cityof pa.us I ced@cityofpa.us file no An application w¡ll NOT be considered complete unt¡l all element have been completed in the following checklist. Chec all that apply: Application Form roject Narrative explaining need for improvement and what is being improved. Project Budget Details: Cover ge including: lndividual Elements (Windows, Paint, Facia, etc.) eparating Labor and Materials I Project Cost without Tax Contractor Estimates Before Color Photograph or rendering of each building façade rovements are proposed for. r Renderings with all work completed Any engineering documents involved in project ../:.)-'{{l I: IL NT OF ORIGINAL STRUCruRE I.i i. . 1., i -. !--) - i 11' .i,i ...-..'...'''.'':..,..,.,..1 il..l'i-;. s/, rA: c0h txl: 11 HAI AB( txl T0r l^lF : I Ð I L- _Lf VATI O\l SCALI: 1 14" 5 1/2 x to t/z GLB lt!t¡t ttit tt ltt tt tt MATcH 12 EXISTNG -'P\ST .SE Lll' BU IX H¡ PR vrF TA PL ONr-\ t A -T.l ^N I --T t/, uüp u,)t:fhìrJTrùnl s ;ll þ¿ t W ?n tÐtll rh&fuii¿ II ct n Tom Wood Concrete Inc. 14 \ilildcat Road Port Angeles, WA 98363 Estimate Date Estimate # 2/2612018 483 3,62s.00 3,625.007 1,280.007 I,120.007 480.007 5,760.007 Name / Address CUSTOMER Description REMOVAL OF OLD DECK/EXCAVATION WORK IMPORT 35 YARDS OF STRUCTURAL FILL 16 FT OF RETAINING WALL ON WEST END VERTICAL EXSPOSED FACING 32 FT REBARIN SLAB STAMPED PATIO 384 SQ FT FRAMING / ROOFING / GUTTERS LABOR AND MATERIALS Qtv t6 32 I 384 80.00 35.00 480.00 15.00 I 9,417.68 9,417.687 Project BLISS HAIR SALON CO Rate Total Phone # 360 477-0778 Fax # 360 4s7-t973 Subtotal Sales Tax (8.4%) Total $zt,osz.ot I $1,821 ,'! i E-mail tomwoodconcrete@yahoo. com Prices exclude the following: Concrete testing, surveying, excavation or overage of concrete more than 50á due to improper grading. Overage will be billed back accordingly to General Contractor. In addition, Tom Wood Concrete, Inc. is not responsible for discoloration and cracking. Less Than l.5o/o for drainage not guaranteed. Trafüc control and pedestrian signage not included. i $23,504.03 q;'i. a 'ü$ \ *tF, \ ç .,_t , I .,rl ''?".,.t:;" t -l,.!' 'r --./ \,, \ t,rü t, &"Ü.{ ! ç 10 Feet N - lhis ilt.t tt "ot ililen¿¿,|1.,. t&, ¿s a l.qal J¿tùttkù ¡,..¿rù,ts atk¿hoa\ dnq!-o!ùda uilr tnpsúd¡il,¡Lv.liahr¿.\ ¿te -5 J¿¿t ol 4dûdt þx¡h.tt. / hßùt?ju@ù¡E ir rlqttcc¿ br the Lt^ of1)xt )tßet.sJor it! a¡il tú¿.n¿ Nrp-\¿-r..t'r oth¿r ils.: otthis hilV ¿nrtùig !¡ail ilot r¿ ¡h¿ kstoils¡búitu 4 lÌ Cti WateÍ ¡nain WWaler main SWater main Electrical diskibution r¡¡!9¡1"s.ıqgLarlla l?nkal Dtniln =.\i1r'D 88ilotiert¿l Ddtunt :.\r1D E3ß I /lrca Map DATE: May 1, 2018 TO: City Council FROM: DAN MCKEEN, CITY MANAGER SUBJECT: Temporary Dwelling Units Summary: Councilmember Schromen-Wawrin drafted and circulated a proposed Temporary Dwelling Unit Ordinance, which is presented as an attachment to this memo. Before the ordinance moves forward for in-depth staff review and a public hearing, direction is needed from the Council. Funding: N/A. Recommendation: Council should discuss the agenda item and provide direction to staff through one of four recommended options: 1. Move forward with the Temporary Dwelling Units Ordinance as written and direct staff to conduct a full review before then bringing the ordinance back to the Council for a Public Hearing, or 2. Move forward with the Temporary Dwelling Units Ordinance with changes agreed upon by the majority of Council. Direct staff to conduct a full review of the updated ordinance and then bring the ordinance back to the Council for a Public Hearing, or 3. Conclude that the majority of Council does not wish to move forward with the direction of the ordinance, or 4. Provide another option not described above. Background/Analysis: Councilmember Schromen-Wawrin has drafted a proposed Temporary Dwelling Unit Ordinance and circulated it to staff and community stakeholders for input. After incorporating some of the feedback he received, he then provided the draft to the full Council, and he has asked that the ordinance be added to the Council agenda for consideration. Councilmember Schromen-Wawrin is prepared to discuss the merits of the ordinance and to answer any questions from Council. C I T Y C O U N C I L M E M O I - 3005/01/2018 Prior to the ordinance being placed on the agenda for consideration, Council should first decide if the majority wants to move forward with such an ordinance. Secondly, if the body does want to move forward, you should decide if there are any substantive changes you would like to make to the proposed ordinance. If it is the policy direction of Council, an in-depth review of the proposed ordinance will be conducted by the appropriate staff prior to Council’s consideration of adoption. The review would include staff in the Legal, Community & Economic Development, Public Works, Fire and Police Departments in order to look at considerations such as zoning, public safety, electrical and sewer connectivity for the proposed temporary dwelling units. The Department of Commerce may also need to be notified if the ordinance proposes zoning code changes. If it is the direction of Council, I will direct staff resources to begin the in-depth review and will schedule a subsequent Public Hearing on the matter. However, if the majority of Council is not in favor of pursuing the ordinance, then it wouldn’t be appropriate to expend the staff resources at this time. Funding Overview: N/A. Attachments: Background provided by Councilmember Schromen-Wawrin Proposed Ordinance from Councilmember Schromen-Wawrin I - 3105/01/2018 Background / Analysis: This ordinance modifies the City of Port Angeles' rules on RVs and recreational park trailers as dwelling units, authorizing temporary use permits allowing these structures to be dwelling units during the current housing shortage. Over the last seven years of U.S. Census American Communities Survey (ACS) reports, the rental vacancy rate in Clallam County has dropped to 1.8%. This is almost the lowest rental vacancy rate of any county in Washington State. (Out of the 39 counties in Washington State, only two counties have lower rates (Franklin County with 1.4%, and Lewis County with 1.6%), and Whatcom County ties Clallam County at 1.8%.) Policy experts at the state Department of Commerce suggest an optimum rental vacancy rate is around 6%. Our rental vacancy rate has dropped dramatically in a very short time: DRAFT Temporary Dwelling Unit Ordinance (revised April 26, 2018) page 1 of 8 I - 3205/01/2018 Because of the low rental vacancy rate (among other factors), many people are unable to find housing. The City plans to conduct a housing needs assessment this year in order to assess the efficacy of policies to address affordable housing and homelessness. However, we already know – both from frequent anecdotal evidence and rental vacancy rate data – that we need to act now on addressing affordable housing and homelessness in Port Angeles. Councilmember Schromen-Wawrin drafted this ordinance to provide a quick way to get more people housed, as many Port Angeles residents already have RVs or park trailers, which could be appropriately sited and connected to water, sewer, and electric. Staff request Council direction on this ordinance before dedicating staff time for review. We all recognize that this ordinance is not a long-term solution to affordable housing in Port Angeles. But it is potentially better than the current situation of many people sleeping in shelters, cars, tents, or under tarps. This ordinance attempts to provide minimal barriers for temporary use permit applicants – so that we can get more dwelling units in a matter of months (rather than years with new permanent housing), and also because these are temporary use permits for temporary dwelling units. At the same time, it recognizes the need for habitable dwellings that don't compromise health and safety. This balance of policy goals is similar to state laws that provide alternative building code requirements for temporary worker housing. See Chapter 70.114A RCW. Funding Overview: This ordinance creates an additional exemption, provided through temporary use permits, from an existing prohibition on RVs and park trailers as dwellings. This ordinance would likely increase the number of temporary use permits issued by the City, which would involve staff time. However, it may also decrease the number of RVs and park trailers that do not conform to nuisance parking codes, or illegally camp on city streets, which may decrease staff time involved in code enforcement. DRAFT Temporary Dwelling Unit Ordinance (revised April 26, 2018) page 2 of 8 I - 3305/01/2018 Proposed Ordinance ORDINANCE NO. _____________ AN ORDINANCE of the City Council of the City of Port Angeles, Washington, providing for temporary use permits for temporary dwelling units during the current housing shortage. WHEREAS, housing is a human right; WHEREAS, housing provides stability for individuals and families, supporting self-reliance in other areas of life, like health care and employment; WHEREAS, Port Angeles, Clallam County, and Washington State generally, face an affordable housing crisis; WHEREAS, the lack of affordable housing presents a barrier to economic development, because employers are hesitant to locate their businesses or expand their number of employees when their employees cannot afford to live near their jobs; WHEREAS, the lack of affordable housing contributes to homelessness, which puts homeless individuals at health and safety risk, and homelessness has negative secondary impacts on other residents, businesses, service providers, and taxpayers who pay more when people are homeless than when people have housing; WHEREAS, the state Department of Commerce's analysis concludes that a cause of this affordable housing crisis is lack of housing units, and a solution is to build more smaller housing units; WHEREAS, building housing takes time, both due to the construction process and the availability of capital and qualified construction labor; WHEREAS, we need creative and innovative short-term solutions to the affordable housing crisis, to provide for housing while working on long-term solutions; DRAFT Temporary Dwelling Unit Ordinance (revised April 26, 2018) page 3 of 8 I - 3405/01/2018 WHEREAS, many people in Port Angeles already own temporary dwelling units, in the form of recreational vehicles and recreational park trailers; WHEREAS, these temporary dwelling units can be properly sited and connected to household water, electricity, and side sewers, in order to provide habitable dwellings; WHEREAS, these temporary dwelling units are already available as a source of housing and could be available as affordable housing to relieve the affordable housing crisis while governments and the private sector implement long-term solutions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1 – Temporary Dwelling Unit Ordinance. Amendments to Sections 17.13.080 and 17.96.025 of the Port Angeles Municipal Code, and adding a new Section 17.96.074 (Temporary dwelling units during housing shortages) to the Port Angeles Municipal Code, as follows: 17.13.080 – Trailers. House trailers, automobiles, automobile trailers, mobile homes, park model manufactured homes, boats, recreation vehicles, vacation trailers and campers used for residential purposes shall not be permitted for occupancy in the City of Port Angeles except in approved trailer parks or as permitted by sections 17.96.074 PAMC (Temporary dwelling units during housing shortages) or 17.956.06075 PAMC (temporary use permit). 17.96.025 – Nonresidential dwelling prohibition. (A) House trailers, automobiles, automobile trailers, motor homes, mobile homes, park model manufactured homes, boats, recreation vehicles, vacation trailers and campers shall not be used for residential purposes in the City of Port Angeles except in approved trailer parks, the Port Angeles Boat Haven (boats only), or as permitted by section 17.96.074 (Temporary dwelling units during housing shortages) or section 17.956.06075 PAMC (Temporary Use Permit). DRAFT Temporary Dwelling Unit Ordinance (revised April 26, 2018) page 4 of 8 I - 3505/01/2018 17.96.074 – Temporary dwelling units during housing shortages. (A) Purpose. This section provides for certain mobile structures, such as recreational vehicles and recreational park trailers, to be dwelling units under temporary use permits during the current housing shortage. The City recognizes that these structures are not permanent housing. However, relative to dwelling in cars, tents, or other shelters, these structures can provide more security for people who are otherwise unable to find permanent housing. Temporary use permits issued under this section are intended to provide temporary relief from housing shortages, and people who use these temporary dwelling units (both tenants and landlords) should be mindful that these dwelling units are temporary, and should not expect permanent income or housing from these dwelling units. (B) Ordinance expiration after three years. (1) This ordinance is temporary and will expire on _________, 2021, three years from its effective date. Temporary use permits issued under this section will continue until their individual end date, without regard for the expiration of the ordinance itself. (2) Prior to its expiration, and with enough time for the City Council to consider modifying the expiration date of the ordinance, the City Manager shall present the City Council with a report of the current status of rental vacancies and the housing shortage, how many temporary use permits have been issued, renewed, and are currently in effect, and any issues with this ordinance that the City Council should consider. (C) Requirements for Temporary Use Permits. The Director of the Department of Community and Economic Development may authorize a temporary use permit for a temporary dwelling unit when: (1) The structure that will be the temporary dwelling unit bears a valid insignia issued by the Washington State Department of Labor and Industries per RCW 43.22.350 and Chapter 296-150P or 296-150R WAC; is owned by one or more of the permit applicants; and complies with habitability DRAFT Temporary Dwelling Unit Ordinance (revised April 26, 2018) page 5 of 8 I - 3605/01/2018 laws, both the implied warranty of habitability and applicable rental law (see subsection (F) below); (2) The permit applicant provides a plan for connecting the proposed temporary dwelling unit with electricity, water, and side sewer connections, which need not be below-ground connections (e.g. connections could include proper gauge electric cord from a house outlet, potable water hose from an outdoor faucet, and a releasable attachment to a side sewer cleanout); (3) The temporary dwelling unit is sited fully on the landowner permittee's property and complies with setbacks, site location, number of vehicles, and other requirements in Section 8.30.060 PAMC (Parking of vehicles on residential property); (4) The permitee shall allow the resident(s) of the temporary dwelling unit to use garbage and recycling bins on the property; (5) The permitee shall use the temporary dwelling unit as residential housing, not as a vacation rental or short term rental as defined in Section 17.08.095(D) PAMC, and the permittee shall not use any other property as a short term rental during the duration of the temporary use permit. (D) The Director of the Department of Community and Economic Development may, but is not required to, issue a temporary use permit for a temporary dwelling unit that does not meet all of the criteria in subsection (C). (E) The Director may provide the permitee with information on coordinated entry systems and permanent housing options, and may require the permitee to provide this information to tenants. (F) Permit Applicants and Applicable Rental Law. (1) When the landowner is also the owner of the temporary dwelling unit structure, the landowner shall be the permittee, and a lease of the temporary dwelling unit is governed by the Residential Landlord-Tenant Act, Chapter 59.18 RCW, as if the structure is a “dwelling unit” as defined by RCW 59.18.030. (2) When the landowner is not the owner of the temporary dwelling unit structure, both the DRAFT Temporary Dwelling Unit Ordinance (revised April 26, 2018) page 6 of 8 I - 3705/01/2018 landowner and the temporary dwelling unit structure owner shall be the permitees, and the temporary dwelling unit owner's lease of the landowner's property is governed by the Manufactured/Mobile Home Landlord-Tenant Act, Chapter 59.20 RCW, as if the structure is a “manufactured/mobile home” as defined by RCW 59.20.030. (G) Temporary Use Permit included in rental agreement and posted on temporary dwelling unit. (1) A landlord who rents a temporary dwelling unit shall include a copy of the temporary use permit for the unit as an attachment to the rental agreement (or if the rental agreement is not written, the landlord shall still provide the tenant with a copy of the temporary use permit). A landlord shall not rent the temporary dwelling unit for a period that extends beyond the expiration date of the temporary use permit. (2) The permittee shall conspicuously place the temporary use permit on the exterior of the temporary dwelling unit, on or near the main door. The permitee shall also provide adjoining neighbors with a copy of the temporary use permit. (H) Permit Duration. Temporary use permits issued under this section are valid for twelve months, provided the permitee(s) continue to meet the conditions in subsections (C), or conditions set by the Director under subsection (D). Temporary use permits do not expire early even when this ordinance expires. (I) Permit Renewal. Permitees may renew temporary use permits up to four months before their expiration, so long as the requirements in subsection (C) are still met, or as conditioned by the Director under subsection (D). The renewed permit takes effect upon the expiration of the existing permit, regardless of whether this ordinance has expired. Permit renewals are not subject to the limitations of section 17.96.075(B) PAMC. Section 2 – Severability. If any provisions of this Ordinance or its applications to any person or DRAFT Temporary Dwelling Unit Ordinance (revised April 26, 2018) page 7 of 8 I - 3805/01/2018 circumstances is held to be invalid, the remainder of the Ordinance or application of the provisions of the Ordinance to other persons or circumstances is not affected. Section 3 – Corrections. The City Clerk and the codifiers of this ordinance are authorized to correct scrivener's/clerical errors, references, ordinance number, section/subsection numbers and any references thereto. Section 4 – Effective Date. A summary of this ordinance consisting of the title shall be published in the City's official newspaper. This ordinance is subject to referendum and shall go into effect thirty (30) days from the date of enactment. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the ___ day of _______ 2018. _________________________________ Mayor Sissi Bruch ATTEST: _________________________________ Jennifer Veneklasen, City Clerk APPROVED AS TO FORM: _________________________________ William E. Bloor, City Attorney PUBLISHED: _____________________, 2018 By Summary DRAFT Temporary Dwelling Unit Ordinance (revised April 26, 2018) page 8 of 8 I - 3905/01/2018