HomeMy WebLinkAbout2016-09-28 PC Agenda Packet
AGENDA
PLANNING COMMISSION 321 East Fifth Street
September 28, 2016
6:00 p.m.
I. CALL TO ORDER
Pledge of Allegiance led by Chair
II. ROLL CALL
III. APPROVAL OF MINUTES
Regular meeting of August 10, 2016
IV. CONTINUED ACTION ITEMS FROM SEPTEMBER 14TH MEETING
Façade Grant Applications
16-10 Kokopelli Grill (CBD)
16-11 Peabody Creek Coin Laundry (CA)
V. PUBLIC HEARINGS
Proposed Low Impact Development (LID) Additions to Titles 11, 14, 15, 16 & 17 of the PAMC
VI. STAFF REPORTS
VII. COMMUNICATIONS FROM THE PUBLIC
VIII. REPORTS OF COMMISSION MEMBERS
IX. ADJOURNMENT
C OMMUNITY & E CONOMIC DEVELOPMENT
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362 August 10, 2016 6:00 p.m.
ROLL CALL
Members Present: Matt Bailey, Elwyn Gee, Brian Hunter, Duane Morris, John
Matthews, Andrew Schwab
Members Absent: One Vacancy
Staff Present: Nathan West, Allyson Brekke, Ben Braudrick, Jonathan
Boehme, Kathryn Neal
Public Present: Craig Fulton, John Ralston
PLEDGE OF ALLEGIANCE
Chair Hunter opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Commission Matthews moved to approve the July 13 and June 22, 2016 minutes.
Commissioner Morris seconded, all were in favor.
PUBLIC HEARINGS
None.
WORK SESSION/DISCUSSION ITEM
Planning Manager Allyson Brekke introduced the code revisions and the presenters, City
Stormwater Engineer Jonathan Boehme and consultant Rebecca Dugopolski of Hererra
Stormwater Engineer Jonathan Boehme and Consultant Dugopolski gave a presentation on
the proposed Low Impact Development (LID) additions to Titles 11, 14, 15, 16 & 17 of the
PAMC and highlighted some project design examples that implemented LID, focusing on the
differences between sites that infiltrate and do not infiltrate and the project costs.
Commissioner Gee asked about the type of costs attributed to the projects. Specifically, if the
costs included labor. Engineer Boehme explained that the compost costs did not include labor,
but that all other project amenities included the full bid costs.
Commissioner Morris asked about the reasoning behind adding compost and the need to
continually add compost to a landscaped area. Consultant Dugopolski responded that compost
should be added annually to improve soil conditions
Commissioner Gee asked about the side effects of pesticide use on surfaces and how they were
being mitigated. Consultant Dugopolski responded that permeable pavement, as mandated by
the state, should not be sprayed with chemicals to avoid dispersion into the stormwater system.
Commissioner Schwab asked if permeable pavement degrades any faster than typical asphalt.
Consultant Dugopolski responded that there are studies that show in Western Washington
Planning Commission Minutes August 10, 2016 Page 2
climate there are not much notable differences between life span of permeable pavement and
asphalt surfaces
Commissioner Matthews asked about the cost of implementation of these new changes to low
income housing developments. Consultant Dugopolski responded that there are options for
implementation. Engineer Boehme added that in other municipalities there has been very little
difference in overall project cost, especially as contractors become more familiar with building
practices.
Commissioner Bailey asked about the cost of a rain garden. Engineer Boehme responded that a
rain garden typically costs between 5,000.00-$6,000.00, and the City currently reimburses all
material costs on rain garden projects.
Commissioner Morris asked how many rain gardens had been implemented within the City.
Engineer Boehme responded that it would be difficult to know, because the only way the City
has to track rain gardens is by the use of the reimbursement program.
Consultant Dugopolski continued the presentation and touched upon proposed implementation
tools.
Commissioner Bailey asked where the rebates are coming from. Engineer Boehme responded
that the rebates are coming from utility revenue and property tax revenue.
Commissioner Morris asked if there was a history of the development tools being used.
Consultant Dugopolski explained that the tool kits allow the developer and jurisdiction to
streamline the process.
Commissioner Schwab asked if other jurisdictions had taken a long time to acclimate to the
new regulations. Consultant Dugopolski responded that right now things have been scattered
around the Puget Sound and other jurisdictions that have already implemented have seen costs
come down. As jurisdictions are upgrading their streets it became more cost effective to pave in
permeable pavement. This update is Western Washington wide and will help costs come down.
The isolated nature of the North Olympic Peninsula will make implementation of permeable
pavement more difficult, but implementation of bioretention facilities and other options will not
be as much of an issue. Community and Economic Director Nathan West added that the pace
of development is also different in Port Angeles, and that will affect the acclimation to the new
requirements.
Commissioner Bailey stated that it was his opinion that these added costs would increase the
cost of new homes in the area.
COMMUNICATIONS FROM THE PUBLIC
John Ralston, PO Box 898, Port Angeles
Mr. Ralston expressed concerns over the proposed changes to code based on Low Impact
Development and the City’s NPDES II Permit. He thought there was not enough diversity in
Planning Commission Minutes August 10, 2016 Page 3
some of the previous stakeholder meetings. He felt that a statewide management plan did not fit
jurisdictions like Port Angeles.. Port Angeles has very impervious soils in some areas, is abutting
saltwater, and has five streams running through it. He related a personal development story
where costs became inflated because of regulatory costs. Some of the tradeoffs and incentives
are not enough for local development, and development might be pushed into the County or
surrounding communities that do not have the same environmental responsibilities.
Mr. Ralston went through the proposed changes, which he stated were mostly associated with
cost.. These included:
• Concerned about costs associated with engineering and time
• Section 11 should just be street trees and not trimming the trees
• Lot size of 7000 square feet or more should read “greater than 7000 square feet
• Enforcement issues with tree trimming
• How is the in lieu fee for tree planting determined?
Director West addressed the Commission and requested that Mr. Ralston submit his verbal
comments in a written format so that Staff is able to better understand and interpret his concerns.
Dennis Yakovitch, Green Crow Corporation
Mr. Yakovich stated that he did not have the opportunity to look over much of the proposed
changes, but as a developer with interests within Port Angeles, he has experienced the difficulty
of new regulation and its costs. The big developers can weather the changes much easier because
of the cost/profit gap. The smaller developers have more of an issue because that gap is smaller
and new fees take much of that limited profit away. He worried that these regulations might stop
small development and subdivisions within the city for some time until developers can catch up
to a cost effective method of implementing them.
He spoke to the need for dry sublayers in a roads surface as being what maintains a road’s
strength. Pervious pavement might find the issue of not providing a strength that can be
maintained. Costs in Tacoma for pervious pavement becoming congruent might not be a similar
situation out in Clallam County with the limited vendors and availability of materials that they
provide.
Director West responded that a local private engineering firm did produce the project design
scenarios and cost summaries that were presented to the Commission
Commissioner Schwab asked how much Port Angeles is expected to grow in the next 3-5 years.
Director West responded that growth would be statistically minimal. At this point Port Angeles
sees the development of approximately 30 new residences annually.
Commissioner Morris asked if there were already permeable paved streets within Port Angeles.
Director West responded that there were.
PLANNING COMMISSION ELECTIONS
Planning Commission Minutes August 10, 2016 Page 4
Commissioner Matthews nominated Commissioner Bailey as Chair. Commissioner Bailey
politely declined. Commissioner Matthews nominated Commissioner Gee as Chair.
Commissioners Bailey and Schwab seconded, all were in favor.
Commissioner Matthews nominated Commissioner Schwab as Vice Chair. Commissioner
Bailey seconded and Commissioner Schwab accepted, all were in favor.
REPORTS OF COMMISSION MEMBERS
STAFF REPORTS
ADJOURNMENT
The meeting adjourned at 7:30 p.m.
Ben Braudrick, Secretary Bryan Hunter, Chair
PREPARED BY: Ben Braudrick
TO: Planning Commission
FROM: Ben Braudrick, Assistant Planner
DATE: September 28, 2016
RE: Façade and Signage Competitive Grant Application
RECOMMENDATION:
The Planning Division recommends that the Planning Commission approve Façade Grant
Application 16-10 in the amount as follows:
APPLICATION (zone)
ADDRESS
GRANT AMOUNT
16-10 Kokopelli Grill (CBD)
203 East Front Street
$2,924.00
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ANALYSIS
A Façade Grant application was submitted to the City on August 24, 2016. The application was
reviewed by planning staff and found to meet the application criteria. The project is located in
the Central Business District (CBD) zone.
Staff’s recommendation is based on the following evaluation criteria that are outlined in the grant documents, including:
• Outside contribution over and above the required match
• Present condition of existing façade or sign
• Expected increase in assessed value of improvement
• Historical preservation
• Context in the neighborhood
• Ability to proceed with project
• Other project-specific relevant factors
The Façade Grant criteria provides for grants of up to $10,000 for a façade improvement.
ATTACHMENTS A. Staff Evaluations B. PADA Letter C. Application material
DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT
Façade Grant – Kokopelli Grill
September 28, 2016 Page 2 ATTACHMENT A
STAFF EVALUATION
Applicant: 16-10 Kokopelli Grill
Location: 203 East Front Street (CBD zone)
Request: $2,924.00 to remove and replace the existing awning to match changes made for
the Coyote BBQ Pub and repaint the exterior details to match.
Evaluation: Aldergrove Construction has been involved in the redevelopment of the Johnson
and Bork building consistently over the last three years. Extensive remodels have been done to
both the interior and exterior of the building to accommodate new restaurant and bar space for
Kokopelli Grill and the complete redevelopment of the western unit into a brand new Pub with
an outdoor eating area and replacement signage that better conforms to the goals and objectives of this grant program.
Aldergrove is now proposing to replace the awning over the Kokopelli Grill entrance to match
the color and type of the awning recently installed over the entrance to Coyote BBQ Pub, and
paint the architectural detailing to match. As stated in earlier façade grant applications for this
historic building, the prominence of the building, being the first visible structure in the downtown area when traveling west, means this proposed renovation will provide a positive
initial impression of the Port Angeles downtown area.
The Port Angeles Downtown Association has reviewed the application and agrees with staff that
the proposed changes would unify the building and make for an improved first impression of the
downtown. The letter from the PADA is attached to this report as “Attachment B”.
Staff recommends the grant award amount of $2,924.00 toward the cost of facade improvements that are estimated to be $5,848.00.
208 N. Laurel
P.O. Box 582 Port Angeles, WA 98362
Phone: 360-457 -9614
�ORT ANGELES LJtJWxbrwit ASSOCIATION
Ben Braudrick
Assistant Planner City of Port Angeles
Community & Economic Development
321 East 5th Street I P.O. Box 1150
Port Angeles, WA 98362-0217
Ben,
The P ADA Design Committee has reviewed the application for the proposed
fa�ade grant application for the Kokopelli Grill/Coyote Pub. It is our opinion that
the new proposed awning would unify the whole building and make for an
improved first impression as visitors enter downtown.
Having seen the improvements Michael and Candy have made on the inside to the
Kokopelli Grill and the ongoing work in the new Coyote Pub, we feel confident
that their good taste and quality work will be reflected equally on the outside.
The Design Committee recommends in favor of the fa�ade grant application
based on the detailed renderings and information provided and based on the prior
interior work that has recently been finished.
Richard Stephens
Port Angeles Downtown Association
For the P ADA Design Committee
Email: director@portangelesdowntown.com
www.portangelesdowntown.com
ATTACHMENT B
City of Port Angeles
Fa�ade and Signage Improvement Grant Program
APPLICATION FORM
Applicant Name: ---'---'-��=,.=.�-==,::..w=:::..!....:..::.!....:...+LC!!::::..:..... ____________ _
Mailing Address: -----"S�"'--=�==-....:........::.!...!7,------------------
Gf.2.IU-
--����--------------------
Bui Id in g Address: �03 C. f'."')<.ONT �'ll6'6r\
Improvement Type: �Fac;:ade Dign
Brief Project Description: \. Rct-1\..DV(; ,6'�\S\n,H, RW)JJ,J{:, ov&t't. G°k\l'l.A�
�. R&\o'l€ �1,..i.ee. fllt\',-.10R..� I r�'"'' v\/G� (<..c:"D \0 t"lf\\C.f-1 \ ttc; (i..ES\ oF 01)\L.OtrlC:.
3.l t--\�LL NG.v-l A1,.4r-l1N.(:o cv.=tt.. f'°H,1lf\�c€ JP MA.-c.\.( c'f..\6nr.J(:, Ai,..t1J1,-L(_? ovcftvNc1,.J Co '<61£° ?us E?T12.AJJ.C.6°
Anticipated Start Date: 6c::r \ 1 2o\lo
Estimated Total Project Cost:$ 5B'-18 ce._
Anticipated Completion Date:_��"-=--'-' -"g_u___,_, fi}..__u_l_<P __
� c. c-L\O.!,. Funding Request {50% or less): $_"'""Cl'--'-,:;, ____ _
The owner(s) of the above property is fully aware and agree to all proposed improvements described in grant application. Applicant must have any changes to project proposal approved by property owner(s)
Applicant's Signature: ----lk.P....-:::;,.__ __________ Date: __ 9=-1---/�_Y__,_,_}_1 L:> ___ _
Owcec's s;gcatoce, ,��ate, _ _._fi-.,"'-b--� .... /_!tp ____ _
Department of Community and Economic Development
321 E. 5th Street, PO Box 1150 Port Angeles, WA 98362
ATTACHMENT C
TO: Planning Commission
FROM: Ben Braudrick, Assistant Planner
DATE: September 28, 2016
RE: Façade and Signage Competitive Grant Application
RECOMMENDATION:
The Planning Division recommends that the Planning Commission approve Façade Grant
Application 16-11 in the amount as follows:
APPLICATION (zone)
ADDRESS
GRANT AMOUNT
16-10 Peabody Creek Coin Laundry (CA)
212 South Peabody Street
$10,000.00
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ANALYSIS
A Façade Grant application was submitted to the City on August 31, 2016. The application was
reviewed by planning staff and found to meet the application criteria. The project is located in
the Commercial Arterial (CA) zone.
Staff’s recommendation is based on the following evaluation criteria that are outlined in the grant documents, including:
• Outside contribution over and above the required match
• Present condition of existing façade or sign
• Expected increase in assessed value of improvement
• Historical preservation
• Context in the neighborhood
• Ability to proceed with project
• Other project-specific relevant factors
The Façade Grant criteria provides for grants of up to $10,000 for a façade improvement.
ATTACHMENTS A. Staff Evaluations B. Application material
DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT
Façade Grant – Peabody Creek Coin Laundry
September 28, 2016 Page 2 ATTACHMENT A
STAFF EVALUATION
Applicant: 16-11 Peabody Creek Coin Laundry
Location: 212 South Peabody Street (CA zone)
Request: $10,000.00 to replace windows and addressing, remove awnings, repaint the
façade, and install a faux stone wainscot.
Evaluation: The Peabody Creek Coin Laundry has been in business under the same ownership
for the last 18 years, and has been in operation as a Laundromat since 1972. The structure itself
is prominent on Peabody Street because it is the last business on the western streetscape until two
blocks to the south. The city has no record of exterior improvements having been done since the
retrofit to a laundromat, with the exception of signage replacement. The plans attached in the application materials as “Attachment B” reveal a complete exterior makeover for the business. A
faux-stone wainscot will surround the structure; the three windows facing Peabody Street will be
replaced to match each other; old signage on the north face of the building of the north and east
awnings will be removed, the fascia will be replaced; and entire building will be repainted.
The work being done on the Laundromat is very overdue, and the changes proposed will help to beautify the streetscape. Although a sign is part of the application proposal, the preexisting vinyl
can-lit sign type is not one that this grant program promotes. Demolition of some of the budgeted
items are underway, and these items have been removed from the final project costs. The overall
project has been reduced by staff to reflect the overall cost without the inclusion of the new sign
and demolition work. This still leaves project improvements that go beyond the match limits.
Staff recommends the grant award amount of $10,000.00 toward the cost of facade improvements that are estimated to be $23,668.00.
City of Port Angeles
Fa(:ade and Signage Improvement Grant Program
APPLICATION FORM
APPLICANT CONTACT INFORMATION
Home Phone:
Business Name: -�-'-e,a_=-=�1£...'0=--.,dt,,.____,,.,__S=..:..f._,'---=�'....L..J'--"""""'=-�'---'-'...e...t'--¥------
Business Type/Description: �e/t1-Ser:J/e, ()__,£) /,n � vf/J ctry
BuildingAddreH:���-/���-��·�-��-����������--����'-------
lmprovementType: �Fa�ade OCSign
Brief Project Description: See � -t£a..t!/A ed.
Anticipated Start Date: A.s &e Anticipated Completion Date: _______ _
Estimated Total Project Cost:$ 6 t'.;. £)!JO Funding Request (50% or less):$ /IZ (!)l)O
PROPERTY OWNER CONSENT (if not the applicant!
The owner(s) of the above property is fully aware and agree to all proposed improvements described in grant
application. Applicant must have any changes to project proposal approved by property owner(s)
Applkaet'sSlg,�� Date:
Owner's Signature: ________________ Date: ______ _
Department of Community and Economic Development
321 E. 51h Street, PO Box 1150 Port Angeles, WA 98362
Application Prepared 3/13/2015
ATTACHMENT B
`
TO: Planning Commission
FROM: Allyson Brekke, Planning Manager
PUBLIC HEARING: September 28, 2016
PROJECT: Low Impact Development Municipal Code Amendment (HTE Application No. 16-22/ MCA Application No. 16-02)
PROJECT TYPE: Legislative
APPLICANT: City Port Angeles Department of Public Works Jonathan Boehme, Stormwater Civil Engineer
REPRESENTATIVE: Herrera Environmental
Rebecca Dugopolski, Senior Engineer
LOCATION: City of Port Angeles Jurisdiction
RECOMMENDATION: The Department of Community and Economic Development
recommends that the Planning Commission forward a recommendation of approval to the City Council for the proposed revisions to Titles 11,
14, 15, 16 and 17 of the Port Angeles Municipal Code and the 2010
Urban Services Standards and Guidelines, with the suggested changes and additions as summarized in Appendix A.
EXECUTIVE SUMMARY
The City’s Department of Public Works and Utilities, with representation by Herrera Environmental, has
submitted an application for a Municipal Code Amendment (MCA) and State Environmental Policy Act (SEPA) review of proposed revisions to several Titles of the Port Angeles Municipal Code (PAMC) and the 2010 Urban Services Standards and Guidelines that make Low Impact Development (LID) the
preferred and commonly-used approach to site development with the City. LID is a stormwater and land use management strategy that strives to mimic pre-disturbance hydrologic processes by emphasizing
conservation, use of on-site natural features, site planning, and distributed stormwater management
practices that are integrated into a project design. The revisions are required of the City for compliance with the 2013-18 Department of Ecology’s National Pollutant Discharge Elimination Municipal
Stormwater Phase II Permit. The City Council is tentatively scheduled to hold a public hearing on the
proposed LID revisions during their regularly scheduled meeting on October 18, 2016.
Planning Commission Staff Report for LID Municipal Code Amendment Page 2 September 28, 2016
STAFF FINDINGS
Project Proposal
The proposed revisions are specifically to Titles 3, 11, 13, 14, 15, 16 and 17 of the PAMC and to the 2010
Urban Services Standards and Guidelines. The Department of Public Works and Utilities performed a
comprehensive review of all pertinent City codes, ordinances, development standards, public works standards, etc. related to stormwater requirements prior to moving forward with an update to the
regulations. This review was a requirement of the City for continued compliance with the 2013-18
Department of Ecology National Pollutant Discharge Elimination Municipal Stormwater Phase II Permit. The permit also requires the City of adopt the 2014 Stormwater Management Manual for Western
Washington (SWMMWW) which includes reduced thresholds for when stormwater considerations are triggered with projects. The proposed revisions and update are required to eliminate barriers and to encourage LID as the preferred approach to site development. The update is required to be fully
implemented by December 31, 2016. The Department of Community and Economic Development and Staff’s findings and conclusions are included within the Staff Analysis section of this report.
The following utility related documents have been included in the review and revision process:
• PAMC Title 3, Revenue and Finance
• PAMC Title 13, Public Utilities
• Urban Service Standards & Guidelines
The utility related revisions are included in the agenda packet for the benefit of the community that will participate in the advertised public hearing. Staff did not provide findings on the utility related revisions
to the PAMC in this report. The scope of the revisions do not fall under the Planning Commission’s
purview.
The following planning related documents have been included in the review and revision process:
• PAMC Title 11, Street, Sidewalk, and Street Trees
• PAMC Title 14, Buildings and Construction
• PAMC Title 15, Environment
• PAMC Title 16, Subdivisions
• PAMC Title 17, Zoning
• Citywide Comprehensive Plan 2010 (that was updated as approved in May/June 2016 by
Planning Commission and City Council)
Based on this review, a wide range of code revisions are proposed. The key planning related revisions include:
• Update definitions to include most common used words and phrases in LID
• Reducing minimum and maximum required driveway and street impervious surface areas,
• Making permeable pavement the preferred surfacing material where feasible
• New language to promote tree canopy coverage, health and tree replacement
• Allow for reduced parking lot requirements in exchange for projects using LID
• Allowing vegetation within LID facilities to count toward design and landscape buffer
requirements
• Allow building height allowances up to 20% over maximum allowed in medium to high-density
residential districts and commercial districts in exchange for reducing impervious surfaces by a
similar percentage
Planning Commission Staff Report for LID Municipal Code Amendment Page 3 September 28, 2016
• New development thresholds for stormwater requirements; required to be considered for projects
as small as 2,000 square feet
The Department of Public Works and Utilities intends to create a set of development implementation
tools with the goal to aid the development community in implementing the LID code integration for
future site development. The proposed tools are still under development and are not available to be considered by the Planning Commission at this time. The proposed tools will include:
• Factsheets detailing new standards and LID techniques for community residents and design
professionals
• Revised Building and Clearing and Grading Permit applications that incorporate a checklist
format to better guide an applicant in determining pertinent stormwater requirements
• Design template to facilitate LID design on small projects
• Design template to facilitate erosion and sediment control on small projects
• Small project LID grants for rain gardens, pervious pavement, and soil amendment
Project Background & Public Participation
On April 21, 2015, the Port Angeles City Council authorized a contract with Herrera Environmental to
assist the City with reviewing, revising, and making effective local development-related codes, rules, standards and enforceable documents to incorporate and require LID. Herrera has since worked closely
with City staff to bring forward a comprehensive proposal of code revisions that demonstrates how the
City of Port Angeles is meeting the Phase II Permit requirements. The Phase II permit for western Washington covers at least 80 cities and portions of five counties. The EPA Phase II regulations went
into effect in early 2003 and apply to all regulated small municipal separate storm sewer systems. The
Department of Ecology first issued the Western Washington Phase II permit in 2007 and modified it in 2009. Ecology reissued it unmodified on August 1, 2012 to be effective through July 31, 2013. The
updated 2013-2018 permit first became effective on August 1, 2013. The permit was further modified in
December 2014 and went into effect as of January 16, 2015
A recent update to the City’s Comprehensive Plan occurred in May/June 2016 to meet the requirements of
the Growth Management Act. Areas of the plan that were expanded included the inclusion of low impact
stormwater management methods that more closely mimic natural processes and increased emphasis on urban forestry and landscaping and consideration of issues surrounding climatic change.
The LID revisions requires a formal public process in order to seek input from the community, developers, and industry as part of the approval process. There was an initial project kickoff meeting in May 2015. Two development and community stakeholder meetings were also held to obtain input on
draft code revisions. Additionally, information about the code update was included in the October 2015 City utility bill insert and one is drafted to be mailed in October 2016 utility bill insert. An internal City
management briefing occurred in July 2016 to present and review proposed code revisions.
STAFF ANALYSIS
The Department of Community and Economic Development reviewed the proposed code revisions in
Titles 14, 15, 16, and 17 and the 2010 Urban Services Standards and Guidelines and provides a staff
analysis below.
Municipal Code Amendment Criteria
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.
Planning Commission Staff Report for LID Municipal Code Amendment Page 4 September 28, 2016
The criteria for amendments being proposed to zoning regulations within the PAMC must demonstrate
compliance to the City’s Comprehensive Plan. The Comprehensive Plan is the basis upon which all City decisions are to be made.
The 2016 Update to the Comprehensive Plan speaks to the importance of stormwater management. Each
Plan Element include statements on either the recommended facilities, practices or design for stormwater management, including LID:
Utilities and Public Services Element
Goal B. To support services and facilities through different levels of participation in cooperation with
other public or private agencies.
Policies
1. The City should be the "primary responsible agency" and should take the lead in cooperation
with other governmental entities to provide: Utility and emergency services (water, sewer,
electrical, stormwater, police, fire and emergency medical response services)
Housing Element
Goal A. To improve the variety, quality, availability, and attainability of housing opportunities in the City
of Port Angeles.
Policies
14. The City should encourage the use of Low Impact Development stormwater management
techniques (such as vegetated roofs, permeable pavement, and bioretention) for all new
developments.
Conservation Element
Goal B. To protect and enhance the area's unique physical features, its natural, historical,
archaeological, and cultural amenities, and the overall environment
Policies
12. The City should develop and implement a plan to improve water quality, which includes measures
to reduce and minimize stormwater pollutants and combined sewer overflow pollutant
discharges.
25. The city should implement an urban tree management program intended to retain and/or restore
the overall tree canopy in the city by using plant materials as a unifying element and tool to
protect the health, safety and welfare of the public, using the environmental services provided by
trees to mitigate the negative effects of impervious surfaces and vehicular traffic such as
increased temperatures, airborne particulates, carbon dioxide, nose, and stormwater runoff.
Objectives
4. The City will adopt and enforce regulations, which require all new development to provide
appropriate dispersion, infiltration, and/or stormwater retention/detention facilities necessary to
protect water quality and provide flood protection and flow control.
9. The City will develop a stormwater management plan consistent with the NPDES Phase II permit
and will update the plan on a regular basis.
Capital Facilities Element
Goal A. To provide and maintain safe and financially feasible urban services and capital facilities at or
above stated levels of service to all City residents and the general public.
Planning Commission Staff Report for LID Municipal Code Amendment Page 5 September 28, 2016
Policies
9. The City should require concurrency at the time of development for the following utilities and
services: stormwater management
Goal B. To provide urban streets and utilities at minimum levels of service for all city residents and the
general public.
Policies
6. The City should not approve any development that increases a site's post-development
stormwater run-off beyond that allowed by the Department of Ecology Stormwater Management
Manual for Western Washington (SWMMWW 2014) as adopted by the City.
Goal E. To reduce the amount of impervious surface created by new developments and thereby reduce
stormwater management costs and environmental impacts to the City and its natural resources, reduce
development costs to private property owners, and provide safe and more attractive streets through traffic
calming, safe pedestrian amenities, and improved street edge landscaping.
Reviewing the goals, policies or objectives listed above demonstrate that the proposed LID revisions have a proper relationship and are consistent to the City’s Comprehensive Plan.
The criteria for amendments being proposed to zoning regulations within the PAMC must also retain the integrity of the City’s identified zoning districts. This essentially means the proposed revisions should
not be found to detrimentally effect the public health, safety and general welfare of the community. It can
certainly be argued that eliminating or reducing pollutants from stormwater runoff ensures both public health and quality of life, and further promotes the natural landscapes, corridors and habitats of the
community. But it can also be argued that the complexity of stormwater management regulations may
negatively affect the actual or perceived capability of areas to develop at the fullest capacity for which they are planned and zoned. Additionally, it can be argued that added costs to design and construct LID
may detrimentally affect the variety, quality, availability, and affordability of both residential and
commercial opportunities within the City. The economic consequences of the City’s compliance with the Department of Ecology 2013-2018 National Pollutant Discharge Elimination Municipal Stormwater
Phase II Permit should not be ignored.
Because of these potential negative arguments, DCED Staff are proposing changes and additions to the proposed LID revisions. They are included in Appendix A. The changes and additions can be
summarized as the following:
• Reduce minimum parking requirements for medical offices and personal services. Similar to junk yards and bowling alleys, the existing parking requirements for these uses seemed excessive to
national standards. • Provide an additional parking incentive with the argument there is a direct nexus between the
reduction of surface parking areas and the reduction of stormwater runoff. The incentive is to
provide property and business owners the option to supply less than the minimum off-street parking required by a development if they create a transportation demand management
assessment that is approved by the Director of Community and Economic Development. The
goal is to achieve low impact development as an alternative to off-street minimum parking requirements for each commercial, industrial, and public and institutional land use.
• Add a definition or further clarification on the phrases “if feasible”, “where feasible” and “when
feasible.” The infeasibility criteria for each On-Site Stormwater Management Best Management Practice included within the 2014 SWMMWW should be specifically incorporated within the
proposed code revisions so that it is clear when a development may be exempted from a BMP due
to existing conditions of a site.
Planning Commission Staff Report for LID Municipal Code Amendment Page 6 September 28, 2016
• Develop a process that allows property or business owner to request an exception or variance to
the stormwater minimum requirements being imposed on a development because the requirements impose a severe and unexpected economic hardship. The adjustment and exception
provisions are an extremely important element of the stormwater management review. It is
essential that a level of flexibility is built into the City’s specific regulations. • All changes proposed to the Shoreline Master Program (Section 15.08.040, PAMC) will not occur
with the proposed revisions, but rather when the City undertakes the next State mandated update
to the Program. • Eliminate the option of a property to have 100% site coverage of hard surface, even if it is a
permeable pavement. • Remove the requirement of a bond for landscaping on a property. • Retain the required 10-foot buffer between industrial and residential or commercial uses, but
encourage LID to be located on industrial properties so as to help provide additional separation between residential and commercial uses. • Eliminate the landscape requirement to track and measure tree canopy within parking lots, and
rather increase the number of trees for six or fewer parking spaces from one to two. • Remove the application requirement of a landscape professional to delineate vegetation on a
Clearing and Grading permit site plan.
• Remove all height bonuses in the RMD and RHD zoning districts and the commercial zoning district; with exception to the one in Section 17.44.050 for PLIDs.
State Environmental Policy Act (SEPA) Review
The City of Port Angeles is using the optional Determination of Non Significance (DNS) comment period process (per WAC 197-11-355). The City expects to issue a DNS for this application following the
public comment review period that will conclude on October 12, 2016. This comment period may be the
only opportunity for public to comment on the environmental impacts of the proposed project. The notice of application and the environmental checklist were distributed to agencies with jurisdiction or expertise,
affected tribes, and the public on September 13, 2016.
PUBLIC COMMENT
Notification of the proposed action was placed in the Peninsula Daily News and physically posted within
City Hall on September 13, 2016. Written comment must be submitted prior to end of the public comment
period, which is Wednesday, October 12, 2016.
One written comment has been received on this application and is attached to this staff report. The
comment was from John Ralston and his primary concern was that the proposed changes to the City code were too extreme. Comments suggest that the State of WA Department of Ecology has little or no
consideration for the soil conditions in Port Angeles. The comments iterated concerns with the associated
costs for a development to implement revisions that are too difficult to absorb in a community whose economy and population growth is flat. The complete comment is attached to this report.
CONCLUSIONS
Following Staff’s analysis of the proposed LID revisions, the following conclusions are reached:
1. The proposed LID revisions have a proper relationship and are consistent to the City’s
Comprehensive Plan. Several of the Plan Elements’ goals, policies and objectives speak to the
importance of natural stormwater management practices and identified a need to further encourage LID as the preferred design in site development.
2. Eliminating or reducing pollutants from stormwater runoff ensures both public health and quality
of life, and further promotes the natural landscapes, corridors and habitats of the community, which are underlying purposes of zoning regulations.
Planning Commission Staff Report for LID Municipal Code Amendment Page 7 September 28, 2016
3. The proposed revisions lower the physical thresholds of development that trigger stormwater
regulations, from one acre to 2,000 square feet in some situations, which means some development will experience an increase in design and construction costs associated with new
LID requirements.
4. Both perceived and actual increases in development costs associated with stormwater regulations have the potential to negatively affect residential and commercial growth within the City of Port
Angeles.
RECOMMENDATION
The Department of Community and Economic Development recommends that the Planning Commission
forward a recommendation of approval to the City Council for the proposed revisions to Titles 11, 14, 15, 16 and 17 of the Port Angeles Municipal Code and the 2010 Urban Services Standards and Guidelines, with the suggested changes and additions as summarized in Appendix A.
Alternatives
1. Accept the revisions as drafted; 2. Require additional revisions prior to accepting; or
3. Do not accept the revisions.
Attachments: Application Materials
Public Comment
Planning Commission Staff Report for LID Municipal Code Amendment Page 8 September 28, 2016
APPENDIX A
Suggested Changes (unsure which Title would be the best location)
Add a definition or further clarification on the phrases “if feasible”, “where feasible” and “when
feasible.” The infeasibility criteria for each On‐Site Stormwater Management Best Management
Practice included within the 2014 SWMMWW should be specifically incorporated within the
proposed code revisions so that it is clear when a development may be exempted from a BMP
due to existing conditions of a site.
Develop a process that allows property or business owner to request an exception or variance to
the stormwater minimum requirements being imposed on a development because the
requirements impose a severe and unexpected economic hardship. The adjustment and
exception provisions are an extremely important element of the stormwater management
review. It is essential that a level of flexibility is built into the City’s specific regulations.
Suggested Changes to Title 11
Section 11.08.270.D and 11.08.350: Specify exactly where in Volume II someone should
reference.
Section 11.12.130.H: “H. No one shall plant in any public right‐of‐way any tree the roots of which
cause injury to the sewers, water mains, sidewalks or pavements, the height of which interferes
with overhead utility wires or which breed disease dangerous to other trees or to the public health
or allow to remain in any public right‐of‐way any planted tree which has become dead or is in
such condition as to be hazardous to the public use of the street and/or sidewalk, and any such
trees now existing in any such planting strip or abutting street area shall be removed or properly
pruned at the expense of the abutting property owner as may be directed by the City. No new
tree shall be planted within two three two‐and‐a‐half feet of any sidewalk or pavement, except
as may be otherwise approved.”
Section 11.13.050.B.2: Drop
Suggested Changes to Title 14
Section 14.40.030: Revisions shown below.
14.40.030 ‐ Parking space requirements—Generally.
For all land uses there shall be established and maintained permanent off‐street parking spaces, either on
the zoning lot of the use, or, if the affected property owners and the Director of Community and Economic
Development Director agree through the execution of an appropriate agreement and easement in a form
acceptable to the City Attorney and if appropriate identification signage is provided, within 200 feet of
the property boundaries (excluding public streets and alleys) of the zoning lot. The required number of
parking spaces shall be determined as follows:
A. The number of required spaces shall be determined either by reference to the number of
required parking spaces per Table A 14.40‐1 or by using one of the alternate methods in
subsection C. of this section.
B. If applicable, Sections 14.40.080 through 14.40.110 shall then be used to determine whether
the number of spaces required by subsection A. of this section is modified.
Planning Commission Staff Report for LID Municipal Code Amendment Page 9 September 28, 2016
C. If Table A 14.40‐1 of subsection A. of this section is not used to determined the number of
required parking spaces, one of the following alternate methods of determining the required
parking for a particular development shall be used:
1. Determine the number of parking spaces required by a parking plan transportation demand
assessment that received approval by the Director of Community and Economic
Development approved by the Planning Commission based on the number of employees
and customers on‐site during the peak hours of operation taking into consideration
duration of parking use (i.e., turnover rate) and any reduction in single occupant vehicles
due to a transportation demand management assessment prepared per Section
14.40.030.C.2050.; or
2. Prepare a transportation demand management assessment that meets the approval of the
Planning Commission Director of Community and Economic Development per Section
14.40.050; or
3. Obtain Planning Commission Director of Community and Economic Development approval
of a parking variance per Section 14.40.130.
14.40.050 ‐ Transportation demand management assessment.
A. As part of any land use review and/or building permit application with the City of Port Angeles, a
transportation demand management assessment, which analyzes the off‐street parking needs of the
new development or the expansion of use in the existing building, may be conducted and shall
require the approval of the Planning Commission Director of Community and Economic
Development, if parking for the use and/or building is not provided per Section 14.40.030.A. Table A
14.40‐1 or Section 14.40.030.C.1.
B. Business and property owners within 300 feet of the subject site shall be notified of the
transportation demand management assessment. A public comment period of 15 days shall be
provided.
(Ord. 3161 § 1 (part), 4/30/2004)
14.40.070 ‐ Cooperative parking agreements.
Parking facilities may be cooperatively used by different land uses, when the times of the use of such
parking spaces by each use are not simultaneous. A cooperative parking agreement signed by all parties
who share the parking facilities and approved by the Director of Community and Economic Development
Director shall be required that binds the parking facilities and the parties until the agreement is dissolved
by all parties and approved by the Director of Community and Economic Development Director.
14.40.090 ‐ Parking space requirement modification—New uses in existing structures.
A change of use in a building or structure that exists as of April 25, 2004, that does not change these
classification the occupancy classification of the existing building or structure, may occur without
provision of additional off‐street parking spaces unless the floor area of the building or structure is
increased.
(Ord. No. 3478, § 5, 5‐21‐2013; Ord. 3161 § 1 (part), 4/30/2004; Ord. 2765, § 2, 6/25/1993; Ord. 2740 §
1, 1/29/1993; Ord. 2667 § 1, 1/17/1992; Ord. 2228 § 12, 8/31/1982; Ord. 2097 § 1, 8/19/1980; Ord.
2028 § 4, 6/17/1979; Ord. 1588 § 12, 6/15/1966)
Planning Commission Staff Report for LID Municipal Code Amendment Page 10 September 28, 2016
14.40.130 ‐ Parking space requirements—Variances.
A. A variance from the parking space requirements of this chapter, as specifically provided by sections
14.40.030 through 14.40.070, may be granted on written request to, and after a public hearing by,
the Port Angeles Planning Commission Director of Community and Economic Development. The
Planning Commission Director may impose such conditions upon the variance as it deems necessary
to comply with the purpose of this chapter and to mitigate the effects of increased impervious
surfaces. No variance shall be granted by the Planning Commission Director unless the Commission
Director finds.
1. The variance is not detrimental to surrounding properties;
2. The parking provided is sufficient to meet the parking needed by the uses(s);
3. The variance will not create increased congestion or traffic hazards along adjacent streets and
alleys; and
4. The variance is consistent with the intent of this chapter, the zone in which the site is located,
and the Comprehensive Plan.
B. Such public hearing shall be conducted in accordance with the procedures for a public hearing on the
Zoning Ordinance of the City of Port Angeles.
BC. The determination of the Planning Commission Director may be appealed to the City Council Hearing
Examiner per Section 2.18.065.
14.40.170 ‐ Revocation of permit—Appeals.
A. An occupancy permit issued pursuant to the terms of this chapter shall be revocable by the City
Manager, or his designee, for violation of any of the provisions of this chapter. Notice of the
revocation of such permit shall be given in writing, by ordinary mail, directed to the address of the
permit holder as shown on the permit application.
B. Upon revocation, the permit holder shall have a right of appeal to the City Council Hearing Examiner
per Section 2.18.060. The holder shall, within ten days of the notice of revocation, give notice to the
City Clerk, in writing, the permit holder's intention to appeal the revocation to the City Council
Hearing Examiner. The Clerk shall place the permit holder's appeal on the agenda of the next regularly
scheduled City Council Hearing Examiner meeting, and forthwith inform the permit holder, in writing,
the date, time and location of the meeting.
C. The City Council Hearing Examiner shall hold a public hearing, at which the permit holder may present
testimony as to his compliance with the terms of this chapter.
D. The City Council Hearing Examiner shall make written findings of fact, as to the basis of any decision
which it makes. The City Council Hearing Examiner may sustain the revocation of the permit, reinstate
the permit with conditions, reinstate the permit after a time certain, or immediately reinstate the
permit.
14.40.180 ‐ Decisions of City staff or the Planning Commission—Appeals.
A. Any person aggrieved by the decision of City staff or the Planning Commission Director of Community
and Economic Development may appeal the decision to the City Council. Hearing Examiner per
Section 2.18.065.
B. Appeals shall be submitted to the Department of Community Development City Clerk in writing
within 14 days following the date of the Director’s decision.
Planning Commission Staff Report for LID Municipal Code Amendment Page 11 September 28, 2016
C. The City Council Hearing Examiner shall conduct an open record hearing on the appeal of the City
staff's Director’s decision. or a closed record hearing on the appeal of the Planning Commission's
decision in accordance with PAMC 18.02.120. The Council's Hearing Examiner’s decision shall be final
unless appealed to Clallam County Superior Court in accordance with PAMC 18.02.130.
(Ord. 3161 § 1 (part), 4/30/2004)
PARKING REQUIREMENT TABLE "A" 14.40‐1
LAND USE PARKING SPACE REQUIREMENT
Automobile Services
Automobile service and repair shops Three parking spaces plus one for each mechanical bay
Automobile sales dealerships Two per employee
Gas stations with convenience
stores
One parking space for each employee with a minimum of six
parking spaces. Drive aisles must accommodate two cars per
pump.
Commercial Activities
Banks, professional and business
offices One parking space for each 400 square feet of floor area
Bowling alleys Six Two and one half (2.5) parking spaces (minimum) to four (4)
parking spaces (maximum) for each alley
Furniture/appliance stores and
laundries One parking space for each 600 square feet of floor area
Night clubs and lounges One parking space for each 50 square feet of floor area
Retail stores One parking space for each 300 square feet of floor area
Skating rinks and other commercial
recreational places One parking space for each 200 square feet of floor area
Theaters One parking space for each three seats
Music, dance, art, and other
academies Eight parking spaces for each classroom
Planning Commission Staff Report for LID Municipal Code Amendment Page 12 September 28, 2016
Food Service Activities
Food/grocery stores One parking space for each 300 square feet of floor area
Restaurants, taverns, and any other
establishments for the sale and
consumption of food, alcoholic
beverages, or refreshments
One parking space for each 125 square feet of floor area of the
building
Food and beverage establishments
that do not have on‐site seating
One parking space for each employee and three per drive‐up
window
Personal Services
Barber, beauty shops, tanning
salons, physical therapy, and similar
services
Two parking spaces per station (office area at one for each 400
square feet) One parking space for each 250 square feet of floor
area with a minimum of four parking spaces.
Day care centers
Two parking spaces plus one unloading space for those centers
serving 12 or fewer children; One parking space per employee
plus two parking spaces for unloading for centers of more than
12 children
Laundromats One parking space per washing machine
Medical Services
Medical and dental offices
Six parking spaces per doctor. When licensed practitioners are
working in the medical office along with the doctor(s), two
additional parking spaces are required for each independent
practitioner/service provider. One parking space for each 200
square feet of floor area with a minimum of four parking spaces.
Hospitals As determined by the Planning Commission
Research, dental, x‐ray laboratories One parking space for each 200 square feet of floor area
Residential and Lodging Uses
Residential dwelling units Two parking spaces per dwelling unit
Planning Commission Staff Report for LID Municipal Code Amendment Page 13 September 28, 2016
Rooming and lodging uses One parking space for each sleeping unit
Nursing and convalescent homes,
assisted living facilities, adult family
homes, group homes, sanitariums
One parking space for each three beds
Public and Institutional Uses
Libraries *One parking space for each 400 feet of floor area
Museums One parking space for each 300 feet of floor area
Schools:
Junior colleges and technical schools
Elementary schools
Middle schools
Preschools
Senior high schools
As determined by the Planning Commission
One parking space for each classroom
Three parking spaces for each classroom
Ten parking spaces for each classroom
Six parking spaces for each classroom
Social clubs, lodges, fraternal
organizations w/o fixed seating
One parking space for each 50 square feet of floor area of the
building
Areas of assembly without fixed
seating shall provide seating As determined by the Planning Commission
Churches, stadiums, sports areas,
and other such places of assembly
with fixed seating
One parking space for each three fixed seats
Senior centers One parking space for every 135 square feet of floor area
Industrial Uses
Manufacturing uses One parking space for each three employees with a minimum of
ten five spaces
Trucking and transportation
terminals Minimum of ten spaces
Planning Commission Staff Report for LID Municipal Code Amendment Page 14 September 28, 2016
Wholesale stores, warehouses,
storage buildings
One parking space for each two employees with a minimum of
ten parking spaces
Public and Quasi‐Public Recreation Uses
Parks and playgrounds As determined by the Planning Commission
Public and private golf courses As determined by the Planning Commission
Swimming pools Ten parking spaces for each 1,000 square feet of pool surface
area
Unspecified Uses
If a use is not otherwise specifically mentioned in this section, the requirements for off‐street parking
facilities shall be the same as the requirements for the most similar use listed herein as determined by
the Director of the Department of Community Development.
Mixed Uses
In the case of a mixture of uses on one lot or in one building, the total requirements for off‐street
parking facilities shall be the sum of the requirements for the various uses computed separately.
Cooperative and Shared Parking Provisions
Parking facilities may be cooperatively used by different land uses when the times of the uses are not
simultaneous. Parking facilities may be shared when the times are not simultaneous through a parking
agreement with the property owners and when the parking is located no further than 500 feet from
the property requiring the parking.
(Ord. No. 3441, § 2, 11‐15‐2011)
Planning Commission Staff Report for LID Municipal Code Amendment Page 15 September 28, 2016
Changes to Title 15
Section 15.08.040: No changes to the Shoreline Master Program should occur with this
municipal code amendment, and will rather be incorporated in the next mandated update for
the Shoreline Master Program.
Section 15.24.050.A.8: The proposed revision should be moved to Section 15.24.050.B
Section 15.24.070.C.5.d: Use of LID BMPs and/or Iinfiltration of stormwater where soils permit;
where feasible;
Section 15.24.070.C.7.a.i: Do not make this change until the proposed revisions to the Wetland
Ordinance occurs.
Section 15.28.090.B: Remove proposed language and leave existing language
Changes to Title 16
Section 16.04.090.A: “A. Necessary drainage ways; or storm drains; and/or stormwater flow
control, treatment, and LID BMPs/facilities must be adequate to serve the short subdivision as
set forth in the Comprehensive Plan, the Port Angeles Urban Services Standards and Guidelines
Manual, and Urban Services Ordinance development standards. LID approaches and facilities shall
be incorporated to minimize stormwater runoff and impervious surface coverages, and to
maximize retention of native vegetation where feasible
Changes to Title 17
Sections 17.14.070.D, 17.15.080. and all other “Design and landscaping” sections with similar
language: Remove the requirement of a bond; “All required parking areas shall include tree
landscaping of at least one two trees tree such that the tree canopy covers at least 20 percent of
the total paved area after a period of 5 years, for each group of six or fewer parking spaces with
a minimum of two (4) trees, exclusive of any required perimeter landscaping. Vegetation within
LID facilities may be used to meet landscaping requirements. [Illustration ‐ 11 parking spaces
requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall
be of a type approved by the City, and be at least two‐inch caliper at time of planting, and
placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at
least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters
and equivalent vegetative cover may be submitted for approval by the Director of Community
and Economic Development as mitigation for this requirement when site constraints deem
necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation
management techniques. To ensure survivability of vegetation and tree coverage goal, a 5‐year
bond or other surety for 5% of the total landscape project costs shall be required.”
Section 17.14.070.F and all other “Design and landscaping” sections with similar language:
“Parking areas shall have interspersed landscaped islands and shall have no more than eight
consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet
landscaping requirements and may exceed maximum eight consecutive spaces. Underground
parking and parking included in a parking structure are excluded from this requirement.
Remove all height bonuses with exception to 17.44, PLID
Section 17.22.200: Add “building” before the word height.
Section 17.30.080, 17.31.080, 17.32.080, 17.36.080: Keep the required buffer to 10 feet, but add
“LID features encouraged to be located as to help provide separation between industrial and
residential or commercial uses.”
Section 17.94.135:
Site coverage exemptions.
Planning Commission Staff Report for LID Municipal Code Amendment Page 16 September 28, 2016
The following shall be exempt from the maximum site coverage requirements of any zone:
A. Systems that are not hard surfaces and allow the infiltration of stormwater into the underlying
soils, such as permeable pavement and bioretention facilities, are not counted against exempt
from the maximum site coverage calculations requirements of any zone. On‐site infiltration
methods shall be evaluated individually by the Public Works and Utilities Department for
effectiveness of reducing impacts from stormwater. Applicants applying this exemption will be
required to provide an operations and maintenance plan for approval.
B. All applicants seeking exemptions under this subsection are required to provide documentation
from a certified engineer demonstrating the appropriateness of site conditions for use of
pervious systems and participate in a pre‐application review meeting with City staff.
CHAPTER 13.63 - STORMWATER—UTILITY AND REGULATIONS
13.63.010 - Purpose.
The purpose of this chapter is to establish a storm and surface water management program and utility in
order to accomplish the following goals:
A. Establish a stormwater capital facilities plan and small project funding program for projects which will:
1. protect property owners adjacent to developing and developed land from increased runoff rates, which could cause erosion of abutting property;
2. decrease drainage-related damage to public and private property;
3. maintain safe City streets and rights-of-way;
4. minimize water quality degradation and control of sedimentation of creeks, streams, ponds, and other water bodies; and
5. preserve and enhance the aesthetic quality of waters;
B. Promote sound development policies and construction procedures, which respect and preserve
the City's watercourses; and
C. Provide public education, outreach, participation, and involvement in the protection of water
quality.
D. Establish general rules and regulations for the service and extension of service from the
stormwater system.
The storm and surface water management program shall consist of stormwater regulations and a
stormwater utility, which shall be implemented and operated by the City's Department of Public Works and
Utilities in accordance with standards established by the appropriate governmental entities with jurisdiction.
(Ord. 3367§ 2, 8/15/2009)
13.63.020 - Incorporated by reference.
The City hereby incorporates the following documents into this chapter:
A. The City of Port Angeles' Urban Services Standards and Guidelines adopted pursuant to Chapter 18.08 PAMC.
B. Chapters 2, 3, and 4, Volume I, and Appendices 1-C, 1-D and 1-E, Volume I; Chapters 3 and 4, Volume II;, the entirety of Volume III;, the entirety of Volume IV, and the entirety of Volume V of
the Department of Ecology's 20052014 Stormwater Management Manual for Western Washington(SWMMWW [2014]), or the most recent update.
C. Appendix I of the City of Port Angeles' Western Washington Phase II Municipal Stormwater Permit, issued in January of 2007 August 2012, effective August 2013, and revised in January
2014; or the most recent update.
D. 20052012 Low Impact Development Technical Guidance Manual for Puget Sound published by
the Puget Sound Action Team Washington State University and the Puget Sound Partnership, or the most recent update.
All of these documents are on file within the office of the City Engineer and can be viewed upon request.
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(Ord. 3367§ 2, 8/15/2009)
13.63.030 - Applicability.
The provisions of this chapter shall apply to all direct and indirect connections to the City's stormwater system, including direct outfalls to the City's streams or marine waters.
(Ord. 3367§ 2, 8/15/2009)
13.63.040 - Definitions.
The following definitions shall apply to this chapter:
A. AKART - All known, available, and reasonable methods of prevention, control, and treatment.
B. Arterial - PRINCIPAL ARTERIALS: Principal arterials provide service for principal traffic
movements within the City. They serve centers of activity; intra-area travel between Port Angeles and other large communities and between principal trip generators. Principal arterials serve the
longest trips and carry the principal portion of trips entering and leaving the overall area. Typically they are the highest traffic volume corridors in the City. The design year ADT is approximately
5,000 to 30,000 vehicles per day or more. They frequently carry important intra-urban as well as intercity bus routes.
The spacing of principal arterials usually varies from about one mile in highly developed business areas to five miles or more in rural areas. Service to abutting land should be subordinate to the
provisions of travel service to principal traffic movements; this service should be incidental to the primary functional responsibility of the street. Desirably it is located on community and
neighborhood boundaries or adjacent to but not through principal shopping centers, parks, and other homogeneous areas.
MINOR ARTERIALS: Minor arterials interconnect with and augment the principal arterial system. Minor arterials connect principal arterials to collector arterials and small generators. They provide
medium size trip generators, such as less intensive commercial development, high schools and some junior high/grade schools, warehousing areas, active parks and ballfields, and other land
uses with similar trip generation potential. They distribute travel to smaller geographic areas and communities than those identified with the principal arterial system. They provide service for trips
of moderate length of a somewhat lower level of travel mobility than principal arterials. The design year ADT is approximately 2,500 to 15,000.
COLLECTOR ARTERIALS: Collector arterials provide both land access service and traffic circulation within residential neighborhoods and commercial and industrial areas. It differs from
the arterial system in that facilities on the collector system may penetrate residential neighborhoods, distributing trips from the arterials through the areas to their ultimate destinations.
The collector also collects traffic from local streets in residential neighborhoods and channels it onto minor and principal arterials. The collector arterial street may also carry local bus routes.
C. Best Management Practices (BMPs) - mean schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and structural and/or managerial practices, that when used singly or in combination, to prevent or reduce the release discharge of pollutants and other adverse impacts
to waters of Washington State (as per the Department of Ecology’s SWMMWW [2014]) directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also
include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
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D. Certified Eerosion and Ssediment Ccontrol Llead (CESCL) - means an individual who has current certification through an approved erosion and sediment control training program that meets the
minimum training standards established by the Washington State Department of Ecology (see BMP C160 in the Stormwater Management Manual for Western Washington Department of
Ecology’s SWMMWW (20052014)). A CESCL is knowledgeable in the principles and practices of erosion and sediment control. The CESCL must have the skills to assess site conditions and
construction activities that could impact the quality of stormwater and, the effectiveness of erosion and sediment control measures used to control the quality of stormwater discharges (as per the
Department of Ecology’s SWMMWW [2014]). Certification is obtained through a Washington State Department of Ecology approved erosion and sediment control course. Course listings are
provided online at Ecology's web site.
E. Clean Water Act - means the federal Water Pollution Control Act (33 USC Section 1251 et seq.),
and any subsequent amendments thereto.
F. Commercial/multiple property - means all property zoned or used for multi-family, commercial,
retail, public, government, non-profit and all other non-residential uses.
G. Compost-amended soil – establishment of a minimum soil quality and depth to regain stormwater
functions in the post development landscape, provide increased treatment of pollutants and sediments that result from development and habitation, and minimize the need for some
landscaping chemicals.
H. Director - means the City of Port Angeles Director of Public Works and Utilities or his or her
designee.
I. Effective impervious surface - those impervious surfaces that are connected via sheet flow or
discrete conveyance to a drainage system. Impervious surfaces on residential development sites are considered ineffective if: 1) the runoff is dispersed through at least 100one hundred feet of
native vegetation in accordance with BMP T5 30 - "Full Dispersion," as described in Chapter 5 of Volume V of the Department of Ecology’s Stormwater Management Manual for Western
Washington SWMMWW (20052014); 2) residential roof runoff is infiltrated in accordance with Downspout Full Infiltration Systems, per BMP 5.10A in Volume III of the Department of Ecology's
SWMMWW (2014); or 3) approved continuous runoff modeling methods indicate that the entire runoff file is infiltrated (as per the Department of Ecology's SWMMWW [2014]).
J. Ground water - means water in a saturated zone or stratum beneath the surface of the land or below a surface water body.
K. Hard Surface – An impervious surface, a permeable pavement, or a vegetated roof.
L. Hazardous materials - means any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard
to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
M. Highway - a main public road connecting towns and cities.
N. Hyperchlorinated - means water that contains more than ten mg/liter chlorine.
O. Illicit discharge - means any direct or indirect non-stormwater discharge to the City's stormwater system, except as expressly allowed by this chapter.
P. Illicit connection - means any man-made conveyance that is connected to a municipal separate storm sewer without a permit, excluding roof drains and other similar type connections. Examples
include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system.
Q. Impaired capacity system – The flow volume or rate is greater than what a facility (e.g., pipe, pond, vault, swale, ditch, drywell, etc.) is designed to safely contain, receive, convey, reduce
pollutants from, or infiltrate to meet a specific performance standard. System capacity shall be
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evaluated using a qualitative analysis and/or a quantitative analysis which shall include continuous runoff modeling of the 25-year recurrence interval flow. A system is considered to be
impaired when it is not able to convey the 25-year recurrence interval flow without surcharging.
R. Impervious surface - a non-vegetated hard surface area that which either prevents or retards the
entry of water into the soil mantle as under natural conditions prior to development. A hard non-vegetated surface area which causes water to run off the surface in greater quantities or at an
increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios,
driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural
infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for purposes of determining whether the thresholds for application of
minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling (as per the Department of
Ecology's SWMMWW [2014]).
S. Land disturbing activity - Any activity that results in movement of earth, or a change in the existing
soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to clearing, grading, filling, and excavation.
Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices are not considered land-
disturbing activity.
T. Maintenance - Repair and maintenance includes activities conducted on currently serviceable
structures, facilities, and equipment that involves no expansion or use beyond that previously existing and results in no significant adverse hydrologic impact. It includes those usual activities
taken to prevent a decline, lapse, or cessation in the use of structures and systems. Those usual activities may include replacement of dysfunctional facilities, including cases where
environmental permits require replacing an existing structure with a different type structure, as long as the functioning characteristics of the original structure are not changed. One example is
the replacement of a collapsed, fish blocking, round culvert with a new box culvert under the same span, or width, of roadway. See also Road Maintenance exemptions in Section 1 of the NPDES
Appendix included in this chapter.
U. Municipal separate storm sewer system (MS4) - means a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): owned or operated by the City of Port Angeles:
1. Designed or used for collecting or conveying stormwater;
2. Which is not part of a publicly owned treatment works (POTW). "POTW" means any device
or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned; and
3. Which is not a combined sewer. "Combined sewer" means a system that collects sanitary sewage and stormwater in a single sewer system.
V. National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit - means a permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department
of Ecology under authority delegated pursuant to 33 USC Section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an
individual, group, or general area-wide basis.
W. Native vegetation - Vegetation comprised of plant species, other than noxious weeds, that are
indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. Examples include trees such as Douglas Fir, western
hemlock, western red cedar, alder, big-leaf maple, and vine maple; shrubs such as willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and
fireweed.
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X. New development - Land disturbing activities, including Class IV - general forest practices that are conversions from timber land to other uses; structural development, including construction or
installation of a building or other structure; creation of impervious surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects
meeting the definition of redevelopment shall not be considered new development.
Y. Non-impaired capacity system – The flow volume or rate that a facility (e.g., pipe, pond, vault,
swale, ditch, drywell, etc.) is designed to safely contain, receive, convey, reduce pollutants from, or infiltrate to meet a specific performance standard. System capacity shall be evaluated using a
qualitative analysis and/or a quantitative analysis which shall include continuous runoff modeling of the 25-year recurrence interval flow. System capacity is considered to be non-impaired if it
conveys a 25-year recurrence interval flow without surcharging.
Z. Non-stormwater discharge - means any discharge to the storm drain system that is not composed
entirely of stormwater.
AA. Permeable pavement - Pervious concrete, porous asphalt, permeable pavers or other forms of
pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a
stormwater reservoir.
BB. Person - means any individual, association, organization, partnership, firm, corporation or other
entity recognized by law and acting as either the owner of a premises or as the owner's agent.
CC. Pollutant - means anything which causes or contributes to pollution. Pollutants may include, but
are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or
abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables (objects or substances which float); pesticides, herbicides, and fertilizers; hazardous
substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and
noxious or offensive matter of any kind.
DD. Pollution-generating impervious surface (PGIS) - Those impervious surfaces considered to be a
significant source of pollutants in stormwater runoff. Such surfaces include those which are subject to: vehicular use; industrial activities (as further defined in the Department of Ecology's
SWMMWW [2014]), or storage of erodible or leachable materials, wastes, or chemicals, and which receive direct rainfall or the run- on or blow-in of rainfall;. Erodible or leachable materials,
wastes, or chemicals are those substances which, when exposed to rainfall, measurably alter the physical or chemical characteristics of the rainfall runoff. Examples include erodible soils that are
stockpiled, uncovered process wastes, manure, fertilizers, oily substances, ashes, kiln dust, and garbage dumpster leakage. mMetal roofs are also considered to be PGIS unless they are coated
with an inert, non-leachable material (e.g., baked-on enamel coating); or roofs that are subject to venting significant amounts of dusts, mists, or fumes from manufacturing, commercial, or other
indoor activities (as per the Department of Ecology's SWMMWW [2014]).
1. A surface, whether paved or not, shall be considered subject to vehicular use if it is regularly
used by motor vehicles. The following are considered regularly-used surfaces: roads, unvegetated road shoulders, bike lanes within the traveled lane of a roadway, driveways,
parking lots, unfenced fire lanes, vehicular equipment storage yards, and airport runways.
2. The following are not considered regularly-used surfaces: paved bicycle pathways separated
from and not subject to drainage from roads for motor vehicles, fenced fire lanes, and infrequently used maintenance access roads.
EE. Pollution-generating pervious surfaces (PGPS) - Any non-impervious surface subject to vehicular use, industrial activities (as further defined in the Department of Ecology's SWMMWW [2014]); or
storage of erodible or leachable materials, wastes or chemicals, and that receive direct rainfall or run-on or blow-in of rainfall, use of pesticides and fertilizers or loss of soil. Typical PGPS include
permeable pavement subject to vehicular use, lawns, and landscaped areas, golf courses
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including:, parks, cemeteries, and sports fields (natural and artificial turf) (as per the Department of Ecology's SWMMWW [2014]).
FF. Pre-developed condition - The native vegetation and soils that existed at a site prior to the influence of Euro-American settlement. The pre-developed condition shall be assumed to be a
forested land cover unless reasonable, historic information is provided that indicates the site was prairie prior to settlement.
GG. Premises - means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
HH. Project site - That portion of a property, properties, or right-of-way subject to land disturbing activities, new impervious surfaces, or replaced impervious surfaces.
II. Rain garden - A non-engineered shallow, landscaped depression, with compost-amended native soils and adapted plants. The depression is designed to pond and temporarily store stormwater
runoff from adjacent areas, and to allow stormwater to pass through the amended soil profile.
JJ. Receiving waters - Bodies of water or surface water systems to which surface runoff is discharged
via a point source of stormwater or via sheet flow.
KK. Redevelopment - On a site that is already substantially developed (i.e., has 35 percent or more
of existing impervious surface coverage), the creation or addition of impervious surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development
including construction, installation or expansion of a building or other structure; replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities.
LL. Replaced impervious surface - For structures, the removal and replacement of any exterior impervious surfaces or foundation. For other impervious surfaces, the removal down to bare soil
or base course and replacement.
MM. Single family property - means all property used for single family residential uses.
NN. Site - The area defined by the legal boundaries of a parcel or parcels of land that is (are) subject to new development or redevelopment. For road projects, the length of the project site and the
right-of-way boundaries define the site.
OO. Source control BMP - A structure or operation that is intended to prevent pollutants from coming
into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. The Department of Ecology's Stormwater Management
Manual for Western Washington SWMMWW (20052014) separates source control BMPs into two types. Structural source control BMPs are physical, structural, or mechanical devices, or facilities
that are intended to prevent pollutants from entering stormwater. Operational BMPs are nonstructural practices that prevent or reduce pollutants from entering stormwater. For further
examples or details, refer to the Department of Ecology's Volume IV of the Department of Ecology's SWMMWW (20052014).
PP. Stormwater - means runoff during and following precipitation and snowmelt events, including surface runoff and drainage.
QQ. Stormwater pollution prevention plan (SWPPP) - means a document which describes the best management practices and activities to be implemented by a person to identify sources of
pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the
maximum extent practicable.
RR. Stormwater system - means all natural and manmade systems which function together or
independently to collect, store, purify, discharge and convey stormwater. Included are all stormwater facilities as well as natural systems such as streams and creeks and all natural
systems which convey, store, infiltrate or divert stormwater.
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SS. Threshold discharge area - An onsite area draining to a single natural discharge location or multiple natural discharge locations that combine within one-quarter mile downstream (as
determined by the shortest flowpath). The examples in Figure 2.1 below illustrate this definition. The purpose of this definition is to clarify how the thresholds of the stormwater requirements are
applied to project sites with multiple discharge points.
TT. Wetland - Those areas that are inundated or saturated by surface or ground water at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage
ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were
unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate the
conversion of wetlands.
(Ord. 3367 § 2, 8/15/2009)
13.63.050 - Stormwater utility established.
There is hereby created and established a storm and surface water utility (also referred to as the
"stormwater utility"). The stormwater utility shall be administered under direction of the Director of Public Works and Utilities. The stormwater utility shall perform the functions, and have the authority, as set forth
in Chapter 35.67 RCW and in this chapter for managing, regulating, and controlling the City's stormwater management program.
(Ord. 3367 § 2, 8/15/2009)
13.63.060 - Jurisdiction.
The City shall have jurisdiction over all storm and surface water facilities within the City's boundaries. No
modifications or additions shall be made to the City's storm and surface water facilities without the prior approval of the City.
(Ord. 3367 § 2, 8/15/2009)
13.63.070 - Operation and management.
The stormwater utility shall be managed and operated in accordance with applicable sections of the City's Western Washington Phase II Municipal Stormwater Permit, the City's Urban Services Standards and
Guidelines and PAMC 13.63.
(Ord. 3367 § 2, 8/15/2009)
13.63.080 - Transfer of property.
All equipment, properties, and property rights and interests owned or held by the City, however acquired, insofar as they relate to or concern storm or surface water sewage, are hereby transferred to the stormwater
utility. This includes by way of example and not limitation, all properties and property rights and interests acquired by adverse possession or by prescription in and to the drainage and storage of storm or surface
waters over and under lands, watercourses, streams, ponds and sloughs to the full extent of inundation caused by the largest storm or flood condition.
Page 7
(Ord. 3367 § 2, 8/15/2009)
13.63.090 - Monthly charge.
A. The owners of all real property in the City containing hard surfaces shall pay a monthly stormwater utility charge at the rate as set forth in this section.
B. Single family and duplex residential fees. Effective January 1, 2016, the monthly stormwater utility charge for each single family and duplex residential property shall be $14.00. Effective January 1,
2017, the monthly stormwater utility charge for each single family and duplex residential property shall be $16.00.
C. The monthly stormwater utility charge for all commercial/multiple property shall be calculated by dividing the total impervious area in square feet by 4,000 square feet, times the single family and
duplex residential fee. The minimum monthly fee for a commercial/multiple property shall be not less than the monthly fee for a single family dwelling, and the maximum monthly fee shall be not more than
ten times the monthly fee for a single family dwelling.
D. City streets, State highways, private streets with storm and surface facilities in place meeting City
standards, and other public or private owned properties or portions thereof having their own NPDES permitted storm and surface water runoff facilities which do not discharge to City facilities shall be
exempt from the monthly charges set forth in this section. (Ord. 3538 § 2, 9/1/2015; Ord. No. 3464 § 4, 10/16/2012, eff. 1/7/2013; Ord. 3367 § 2, 8/15/2009)
13.63.100 - Rate adjustment.
A. Stormwater rebates may be issued for utility fees will be reduced by 25 percent for existing sites,
retrofit, new development or redevelopment projects that meet the following conditions:
1. Overall project with less than 5,000 square feet of new or replaced hard surfaces, and implements
two or more of the following: disturbance is less than one acre.
a. Permeable pavement
b. Compost amended soils per BMP T5.13 in all disturbed area not covered by new improvements
c. Rain gardens
2. Project proponent implements two of the following:
a. Roof downspout controls as described in Chapter 3, Volume III of the most recent edition of the Department of Ecology's Stormwater Management manual for Western Washington
(DOE Manual).
b. Installation of BMPs or LID techniques to mitigate for impervious area equal to at least ten
percent of the site/lot. Specific BMPs and LID techniques are described in Chapter 5, Section 5.05.03 of the City's Urban Services Standards and Guidelines.
c. Amend the soil as recommended in BMP T5.13 in the DOE manual in all disturbed areas not covered by new improvements.
23. LID facilities and Best management practices (BMPs) listed in (1) above must be designed and maintained in accordance with the Department of Ecology’s SWMMWW (2014) DOE Manual.
3. LID techniques must be designed in accordance with the most recent version of the Low Impact Development Technical Guidance Manual for Puget Sound. Stormwater rebates as available
funding allows include the following:
a. Permeable pavement - $1 per square foot towards materials, up to a maximum rebate of
$1,000 per household or business
Page 8
b. Compost amended soils – voucher for 10 cubic yards of Garden Glory compost
c. Rain gardens – Rebate for materials to install a rain garden, up to a maximum rebate of
$1,000, per household or business.
5. BMPs and LID facilities must be maintained by the property owner and continue to function as
they were designed.
B. Stormwater rebates may be issued for retrofit, new development, or redevelopment project that meet
the following conditions:
1. Overall project is less than the Minimum Requirement #5 threshold or is a retrofit project that
implements a rain garden.
2. Rain gardens must be designed and maintained in accordance with the Department of Ecology’s
SWMMWW (2014)
3. Stormwater rebates as available funding allows include a rebate for materials to install a rain garden,
up to a maximum rebate of $1,000, per household or business.
C. Stormwater utility fees may be reduced for the following calendar year by 25 percent for commercial
properties that provide annual documentation of proper maintenance of their stormwater treatment and flow control BMPs/facilities which meet Minimum Requirements #6 and #7 in the Department of
Ecology’s SWMMWW (2005 or later).
DB. A property owner may request a rate adjustment to the monthly charge set forth in PAMC 13.63.100,
only if the property contains no impervious hard surfaces or if the property owner disagrees with the City's calculations of the rate, or the amount of impervious hard surface area used by the City in
calculating the rate, under PAMC 13.63.100C. A request for an adjustment shall be submitted in writing to the Director of Public Works and Utilities. If the property contains no impervious hard surfaces, the
rate shall be adjusted to zero. If the City's calculations or amount of impervious hard surfaces under PAMC 13.63.100.C. is incorrect, the rate shall be adjusted accordingly. Approved adjustments will be
applied prospectively except that reimbursement for overcharges paid by the property owner will be made by the City for the year during which the adjustment is requested and for the prior year.
EC. Any person aggrieved by a decision of the Director of Public Works and Utilities relating to a request for a rate adjustment authorized by PAMC 13.63.110 may appeal the Director's decision to the City
Manager within 30 days of the date of the Director's decision. The City Manager's decision shall be final.
(Ord. 3367, § 2, 8/15/2009)
13.63.110 - Billing and payment.
Stormwater utility fees shall be billed annually by Clallam County on behalf of the City in conjunction with the County's property tax bill. Discounts for low-income senior citizens and disabled citizens will be applied
in accordance with Chapter 13.20 PAMC. Stormwater utility fees billed pursuant to this Section shall be due and payable semiannually on the same dates each year that the County's property tax bill is due and
payable and shall be delinquent if not paid by the due date. All delinquent accounts billed pursuant to this section will be subject to penalty charges the same as those imposed for delinquent property taxes.
(Ord. 3367, § 2, 8/15/2009)
13.63.120 - Remedies for failure to pay stormwater service fees.
A. Termination of water service. The Director of Public Works and Utilities or designee is authorized to
terminate water service to any property owner, unless said water service is received by a residential
Page 9
tenant, who fails to pay the stormwater utility service fees imposed by this chapter. Termination of such water service shall not limit other remedies available to the City.
B. Lien for delinquent charges—Interest. Pursuant to RCW 35.67.200 et seq. The City shall have a lien for delinquent and unpaid stormwater charges. A stormwater lien shall be effective for one year without
the necessity of any writing or recording of the lien with the County Auditor. Enforcement and foreclosure of any stormwater lien shall be in the manner provided by state law. Interest on the unpaid
balance shall be eight percent per annum or such rate as may hereafter be authorized by law.
C. Other remedies. The City shall have all other legally available remedies for enforcing and collecting
delinquent and unpaid stormwater charges.
(Ord. 3367, § 2, 8/15/2009)
13.63.130 - Non-stormwater, illegal discharges and dumping prohibited.
A. Except as provided in subsections B. and C. below, no person shall throw, drain or otherwise
discharge, cause or allow others under it's control to throw, drain or otherwise discharge into the stormwater system any materials other than stormwater.
B. The following discharges into the stormwater system are prohibited, unless the stated conditions are met:
1. Discharges from potable water sources, including waterline flushing, hyperchlorinated waterline flushing, fire hydrant system flushing and pipeline hydrostatic test water. Planned discharges shall
be dechlorinated to a concentration of 0.1 ppm or less, pH adjusted, if necessary (to meet water quality standards), and volumetrically and velocity controlled to prevent resuspension of
sediments in the MS4.
2. Discharges from lawn watering and other irrigation runoff shall be minimized.
3. Dechlorinated swimming pool, spa and hot tub discharges. The discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH adjusted and re-oxygenized, if necessary, and
volumetrically and velocity controlled to prevent resuspension of sediments in the MS4 and the property owner has obtained a stormwater discharge permit from the City. Discharges shall be
thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning waste water and filter backwash shall not be discharged to the MS4.
4. Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. To avoid washing pollutants into the MS4, Permittee must
minimize the amount of street wash and dust control water used. At active construction sites, street sweeping must be performed prior to washing the street.
5. Other non-stormwater discharges. The discharges shall be in compliance with the requirements of the stormwater pollution prevention plan reviewed by the City, which addresses such
discharges.
6. Any discharges from a construction site. Discharges must be in conformance with the stormwater
pollution prevention plan (SWPPP) reviewed by the permittee.
7. Combined sewer overflow (CSO) discharges. This discharge must be in conformance with a
current National Pollution Discharge Elimination System Permit, approved by the Washington State Department of Ecology.
C. The following categories of non stormwater discharges are specifically allowed:
1. Diverted stream flows.
2. Rising ground waters.
3. Uncontaminated ground water infiltration (as defined at 40 CFR 35 2005(20)).
Page 10
4. Uncontaminated pumped ground water.
5. Foundation drains.
6. Air conditioning condensation.
7. Irrigation water from agricultural sources that is commingled with urban stormwater.
8. Springs.
9. Uncontaminated Wwater from crawl space pumps.
10. Footing drains.
11. Flows from riparian habitats and wetlands.
12. Non-stormwater discharges covered by another NPDES or state waste discharge permit.
13. Discharges from emergency fire fighting activities in accordance with the City of Port Angeles'
Stormwater NPDES Permit Section S2 Authorized Discharges. The City's Stormwater NPDES Permit is available to view in the office of the City Engineer.
(Ord. 3367, § 2, 8/15/2009)
13.63.140 - Illicit connections and uses.
A. The stormwater system of the City of Port Angeles, natural and artificial, may only be used to convey stormwater runoff, and any discharge meeting the permit conditions within a current National Pollutant
Discharge Elimination System Permit, approved by the Washington State Department of Ecology.
B. Except as provided in the preceding paragraph, no person shall use this system, directly or indirectly,
to dispose of any solid or liquid matter other than stormwater. No person shall make or allow any connection to the stormwater system which could result in the discharge of polluting matter.
Connections to the stormwater system from the interiors of structures are prohibited. Connections to the stormwater system for any purpose other than to convey stormwater or groundwater are prohibited
and shall be eliminated.
(Ord. 3367, § 2, 8/15/2009)
13.63.150 - Stormwater discharge into sanitary sewer system prohibited.
A. No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process
waters into any sanitary sewer, unless otherwise approved by the Director based on lack of feasible alternatives or unless the discharge meets the condition outlined in 13.63.140(A).
B. No person shall make connection of roof downspouts, exterior foundation drains, area drains, or other sources of stormwater surface runoff or groundwater to a building sewer or building drain which in turn
is connected directly or indirectly to a public sanitary sewer, unless such connection is otherwise approved in writing by the Director based on lack of feasible alternatives or other appropriate factors.
(Ord. 3367, § 2, 8/15/2009)
13.63.160 - Unpolluted stormwater discharge shall have approved outlet.
A. Stormwater shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Director.
Page 11
B. Storm drainage from hard-surfaced or graded areas, such as parking lots, service station yards, and storage yards, shall enter the public storm sewer system or other outlet approved by the Director and
as required by this chapter and as such facilities are available. Such storm drainage shall not be connected to or allowed to enter a sanitary sewer, unless otherwise approved in writing by the Director
based on lack of feasible alternatives or other appropriate factors.
(Ord. 3367, § 2, 8/15/2009)
13.63.170 - Review by Department of Community and Economic Development.
Any proposed site development activities shall be reviewed by the City of Port Angeles Department of
Community and Economic Development to determine the permits required.
(Ord. 3367, § 2, 8/15/2009)
13.63.180 - Stormwater permitting discharge permits.
Stormwater discharge permits, issued by the City of Port Angeles Department of Public Works and Utilities, shall be required for any of the following activities:
A. Draining water from a chlorinated water source such as a swimming pool or hot tub.
B. Car washing which is not permitted as a commercial or industrial use, and which drains directly
or indirectly to the City's stormwater system.
C. Building and sidewalk washing
CD. All new development or redevelopment which does not require a building permit or clearing and grading permit, but which discharges stormwater either directly or indirectly to the City's
stormwater system. Building and clearing and grading permits shall apply all standards and requirements established in the City’s Urban Service Standards and Guidelines Manual, by City
ordinances, and the Department of Ecology’s SWMMWW (2014). Stormwater inspection and storm drain connections fees shall be charged on the building permit or clearing and grading
permit.
(Ord. 3367, § 2, 8/15/2009)
13.63.190 - Stormwater design and construction requirements.
A. All site development activities shall comply with the standards, specifications and requirements
contained in the City of Port Angeles' Urban Services Standards and Guidelines.
B. For all site developments that disturb one acre or more, the City adopts and requires the use of the
minimum requirements, thresholds and definitions defined in Appendix 1 of the City of Port Angeles' Western Washington Phase II Municipal Stormwater Permit.
C. For all site developments that disturb one acre or more or which require a stormwater treatment, flow control, or on-site stormwater management low impact development (LID) BMP/facility, the City adopts
and requires the use of Chapters 2, 3 and 4, Volume I, and Appendices 1-C, 1-D and 1-E, Volume I, Chapters 3 and 4, Volume II;, the entirety of Volume III;, the entirety of Volume IV, and the entirety of
Volume V of the Department of Ecology's 20052014 Stormwater Management Manual for Western Washington (SWMMWW [2014]), or most recent update.
D. Low impact development (LID) facilities are encouraged to improve water quality and aesthetics, as well as to reduce the size and cost of flow control and treatment facilities. LID facilities proposed in
any site development shall be designed in accordance with the 2005 Low Impact Development
Page 12
Technical Guidance Manual for Puget Sound Department of Ecology’s SWMMWW (2014) and shall take into account site and soil conditions, access and long term maintenance.
E. Stormwater site plans and permanent stormwater control plans in accordance with Chapters 3 and 4 of Volume I of the Department of Ecology's 2005 Stormwater Management Manual for Western
Washington (SWMMWW [2014]) are required and will be reviewed by the City for all site development activities that disturb one acre or more.
F. Adjustments to the minimum requirements may be granted by the City provided that a written finding of fact is prepared which addresses the following issues:
1. The adjustment provides substantially equivalent environmental protection.
2. Based on sound engineering practices, the objectives of safety, function, environmental
protection and facility maintenance are met.
G. Exceptions to the minimum requirements may be granted by the City following legal public notice of
an application for an exception, legal public notice of the City's decision on the application, and written findings of fact that document the City's determination to grant an exception.
The City may grant an exception to the minimum requirements if such application imposes a severe and unexpected economic hardship. To determine whether the application imposes a severe and unexpected
economic hardship on the project applicant, the exception applicant must consider and document with written findings of fact the following:
1. The current (pre-project) use of the site, and
2. How the application of the minimum requirement(s) restricts the proposed use of the site
compared to the restrictions that existed prior to the adoption of the minimum requirements; and
3. The possible remaining uses of the site if the exception were not granted; and
4. The uses of the site that would have been allowed prior to the adoption of the minimum requirements; and
5. A comparison of the estimated amount and percentage of value loss as a result of the minimum requirements versus the estimated amount and percentage of value loss as a result of
requirements that existed prior to adoption of the minimum requirements; and
6. The feasibility for the owner to alter the project to apply the minimum requirements. In addition,
any exception must meet the following criteria:
a. The exception will not increase risk to the public health and welfare, nor be injurious to other
properties in the vicinity or downstream of the project, or injurious to the quality of waters of the state; and
b. The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements.
H. The Council shall establish fees for stormwater related inspections. Inspection fees shall be detailed in the PAMC 3.70.110.
H. Beneficial use of roof runoff harvested for non-potable uses is allowed as expressly permitted and conditioned by the Director.
(Ord. 3367, § 2, 8/15/2009)
13.63.200 - Professional Engineer—When required.
Site development activities shall require the submittal of documents prepared by a qualified professional engineer or under the direction of a licensed engineer when one of the following conditions exists:
Page 13
A. Any land use or building or development on real property which disturbs one acre or greater involves the construction of structural source control BMPs or drainage conveyance systems;
B. Any land use or building or development on real property which requires a flow control, or treatment or LID facility;
C. Any land use of building development on real property that involves engineering calculations as part of a Construction Stormwater Pollution Prevention Plan (SWPPP);
D. Any improvements within the boundaries of the City of Port Angeles right-of-way for which the City will ultimately assume responsibility for maintenance; or
Any site development activity that the Director deems to be in the public's best interest to require that certain site development activity permit application submittal documents be prepared by a professional
civil licensed engineer.
(Ord. 3367, § 2, 8/15/2009)
13.63.210 - Off-site analysis.
All site development activities that discharge stormwater off site which adds 5,000 square feet disturb one
acre or more of new or replaced impervious surface, or that convert three-quarters of an acre of pervious surfaces to lawn or landscaped areas, or that convert 2.5 acres or more forested area to pasture shall
include, along with other required submittal documents, an off site off-site drainage analysis as described in the City's Urban Services Standards and Guidelines Manual. The off site off-site analysis shall be
prepared by a qualified professional engineer and based on a field investigation of the development's off site off-site contributing and receiving drainage areas.
(Ord. 3367, § 2, 8/15/2009)
13.63.220 - Geotechnical analysis.
All site development activities where grading or the construction of retention facilities, detention facilities,
dispersion facilities, infiltration BMPs/facilities or other stormwater facilities are proposed on slopes greater than 15 percent, within 200 feet of slopes steeper than 30 percent, near a landslide area, near an
environmentally sensitive area, or where the Director deems that the proposed construction poses a potential hazard due to its proximity to a slope, shall, when required by the Director, include a geotechnical
analysis, prepared by a qualified engineer. The geotechnical analysis shall address the effects of groundwater interception and infiltration, seepage, potential slip planes and changes in soil bearing
strength.
(Ord. 3367, § 2, 8/15/2009)
13.63.230 - Soils analysis.
All site development activities where infiltration BMPs/facilities (including infiltration basins, trenches,
ponds, bioretention, permeable pavement, rain gardens, and downspout infiltration BMPs) are proposed or where the soils underlying the proposed project have not been mapped, or where existing soils maps
of the project site are inconsistent, or where the Director deems that existing soils maps of the project site are not of sufficient resolution to allow proper engineering analysis, shall include a soils investigation
report, by a qualified professional. Exemptions may be granted for rain garden retrofit projects.
(Ord. 3367, § 2, 8/15/2009)
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13.63.240 - Permit modifications.
Proposed modifications to an approved permit must be submitted to the Department of Community and
Economic Development and be reviewed for compliance with this chapter. Substantial proposed modifications, as determined by the Director, shall require additional review fees and shall require re-
issuance of the required permit. Minor proposed modifications may be accepted by the Director without requiring the re-issuance of the accepted permit or the payment of additional review fees.
(Ord. 3367, § 2, 8/15/2009)
13.63.250 - Erosion and sedimentation control.
A. All final drainage, grading, clearing or other site development activities requiring acceptance from the City of Port Angeles Department of Public Works and Utilities shall include a plan for the control of
erosion and sedimentation as required in Chapter 6 of the City's Urban Service Standards and Guidelines Manual and in Chapter 15.28 of the Port Angeles Municipal Code for the period beginning
with the commencement of site development activity and continuing without interruption until permanent site stabilization is achieved.
B. No clearing, grubbing, grading or other construction activity may take place on a project site until an erosion and sedimentation control plan has been approved by the Department of Public Works and
Utilities.
(Ord. 3367, § 2, 8/15/2009)
13.63.260 - Property owner responsible for stormwater system maintenance.
A. Any person or persons holding title to a property for which stormwater facilities and BMP's have been required by the City of Port Angeles shall be responsible for the continual operation, maintenance and
repair of the stormwater facilities and BMP's in accordance with the provisions of this chapter.
B. For privately maintained stormwater facilities, the maintenance requirements specified in the Washington State Department of Ecology's 2005 Stormwater management Manual for Western Washington SWMMWW (2014), Chapter 4, Volume V, shall be enforced against required of the
owner(s) of the subject property served by the stormwater facility.
(Ord. 3367, § 2, 8/15/2009)
13.63.270 - Maintenance covenant required for privately maintained drainage facilities.
A. Prior to the beneficial use of a project constructed under a City building permit or a stormwater
discharge permit, the owner shall record a maintenance covenant which guarantees the City of Port Angeles that the stormwater facilities shall be properly operated, maintained and inspected. The
restrictions set forth in such covenant shall be included in any instrument of conveyance of the subject property and shall be recorded with the Clallam County Auditor.
B. Maintenance covenants shall remain in force for the life of the development, or until the responsibility for the operation and maintenance of the subject stormwater facilities is accepted by the City of Port
Angeles.
C. Maintenance covenants shall include the maintenance standards specified by the Department of
Ecology's 2005 Stormwater Management Manual for Western Washington SWMMWW (2014), Chapter 4, Volume V, a list of maintenance activities and proposed inspection intervals for each
element of the private stormwater system, and a guarantee that any maintenance necessary for any element of the stormwater system will be performed to the standards specified by the Department of
Page 15
Ecology's 2005 Stormwater Management Manual for Western Washington SWMMWW (2014), Chapter 4, Volume V and within the following schedule:
1. Within one year for wet pool facilities and retention/detention ponds;
2. Within six months for typical maintenance;
3. Within nine months for maintenance requiring re-vegetation;
4. Within two years for maintenance that requires capital construction of less than $25,000. 00.
D. After satisfactory completion of a stormwater treatment and/or flow control facility meeting Minimum Requirements #6 and/or #7 or final plat approval, a stormwater facility maintenance bond or other
surety acceptable to the City must be posted that warrants the satisfactory performance and maintenance of the stormwater facility for a period of two years. If the City assumes maintenance of
the facility, the stormwater facility maintenance bond shall be posted for a period of two years from the date the City assumes maintenance responsibilities.
(Ord. 3367, § 2, 8/15/2009)
13.63.280 - City inspections of privately maintained stormwater facilities.
A. The City is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of operating or maintaining the storm and surface water facilities, or to inspect or
investigate any condition relating to the stormwater utility; provided, that the City shall first obtain permission to enter from the owner or person responsible for such premises. If entry is refused, the
City shall have recourse to every remedy provided by law to secure entry. Notwithstanding the foregoing, whenever it appears to the City that conditions exist requiring immediate action to protect
the public health or safety, the City is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting, investigating or correcting such emergency
condition.
B. Alternatively, a private property owner can choose to hire, at the owner’s expense, a qualified third
party contractor to conduct stormwater system and facility inspections and submit the inspection results to the City. The contractor shall require pre-approval from the City.
(Ord. 3367, § 2, 8/15/2009)
13.63.290 - City acceptance of new stormwater facilities.
The City will accept for maintenance those new residential stormwater facilities constructed under an
approved City building permit or stormwater discharge permit that meet the following conditions:
A. Improvements in residential plats/PRD's have been completed on at least 80 percent of the lots,
unless waived by the Director; and
B. All drainage facilities have been inspected and accepted by the Director and said drainage
facilities have been in satisfactory operation for at least two years; and
C. All drainage facilities reconstructed during the maintenance period have been accepted by the
Director; and
D. The stormwater facility, as designed and constructed, conforms to the provisions of this chapter;
and
E. All easements and tracts required under this chapter, entitling the City to properly operate and
maintain the subject drainage facility, have been conveyed to the City of Port Angeles and have been recorded with the Clallam County Auditor; and
Page 16
F. For non-standard drainage facilities, an operation and maintenance manual, including a maintenance schedule, has been submitted to and accepted by the City of Port Angeles;
G. A complete and accurate set of reproducible mylar as-built drawings have been provided to the City of Port Angeles.
H. A maintenance fee will be assessed to cover the City's costs for maintenance of the stormwater facilities for the life of the development. The fee will be determined based on the complexity and
maintenance requirements of the system and the City's labor and equipment costs.
(Ord. 3367, § 2, 8/15/2009)
13.63.300 - City acceptance of existing stormwater facilities.
The City of Port Angeles will accept for maintenance those stormwater facilities for residential developments
existing prior to the effective date of the ordinance codified in this chapter that meet the following conditions:
A. Improvements in residential plats/PUD's have been completed on at least 80 percent of the lots;
and
B. An inspection by the Director has determined that the stormwater facilities are functioning as
designed; and
C. The stormwater facilities have had at least two years of satisfactory operation and maintenance,
unless otherwise waived by the Director; and
D. The person or persons holding title to the properties served by the stormwater facilities submit a
petition containing the signatures of the title holders of more than 50 percent of the lots served by the stormwater facilities requesting that the City maintain the stormwater facilities; and
E. All easements required under this chapter, entitling the City to properly operate and maintain the subject stormwater facilities, have been conveyed to the City of Port Angeles and have been
recorded with the Clallam County Auditor; and
F. The person or persons holding title to the properties served by the stormwater facilities shows
proof of the correction of any defects in the drainage facilities, as required by the Director.
G. A maintenance fee will be assessed to cover the City's costs for maintenance of the stormwater
facilities for the life of the development. The fee will be determined based on the complexity and maintenance requirements of the system and the City's labor and equipment costs.
(Ord. 3367, § 2, 8/15/2009)
13.63.310 - Easements, tracts and covenants.
A. Drainage easements shall be provided in a proposed development for all stormwater conveyance
systems that are not located in public rights-of-way or tracts. The drainage easements shall be granted to the parties responsible for providing on-going maintenance of the systems.
B. Drainage easements through structures are not permitted.
C. Stormwater facilities that are to be maintained by the City of Port Angeles, together with maintenance
access roads to the facilities, shall be located in a public right-of-way, separate tract dedicated to the City of Port Angeles, or drainage easement located in designated open space. The exception is for
stormwater conveyance pipes that may be located within easements on private property, provided that all catch basins can be accessed without entering private property.
Page 17
D. All runoff from impervious surfaces, roof drains and yard drains shall be directed so as not to adversely affect adjacent properties. Wording to this effect shall appear on the face of all final plats/PUD's, and
shall be contained in any covenants required for a development.
(Ord. 3367, § 2, 8/15/2009)
13.63.320 - Extensions—When required.
A storm drain main extension may be required whenever there is the potential to service more than one
residence or customer is provided service and either the property to be served does not abut a storm drain main or the existing storm drain main is not adequate to provide the necessary service. Main extensions
shall be extended to the far side (upstream) property line of the premises being served.
(Ord. 3367, § 2, 8/15/2009)
13.63.330 - Extensions—Application.
A. The person desiring a storm drain main extension shall apply to the Director requesting permission to extend the City's storm system.
B. The Director shall review the application, and, if the requested extension is determined to be a proper extension of the storm system, shall provide the petitioner with the design requirements for the
extension.
C. If the requested main extension is determined to be an improper extension of the storm system, the
application shall be denied.
(Ord. 3367, § 2, 8/15/2009)
13.63.340 - Extensions—Preparation of plans and specifications.
Upon receipt of the design requirements from the Department, the petitioner shall prepare plans and
specifications for the extension to be prepared. All design and construction plans and specifications shall be in accordance with this chapter and the City's Urban Services Standards and Guidelines Manual. The
completed plans and specifications shall have a valid Washington State Professional Engineer's seal and endorsement and shall be submitted to the Department for review and approval.
(Ord. 3367, § 2, 8/15/2009)
13.63.350 - Extensions—Inspection—Fee—Deposit required.
After approval of the plans and specifications, the Department shall provide the petitioner with an estimate
of the construction inspection fee. A permit for construction will be issued after the inspection fees and estimated main connection charges have been deposited with the City Treasurer. If the Director determines
that the remaining funds are not adequate to provide necessary inspection for project completion, the petitioner shall be notified of such and an estimate of additional inspection fee required will be provided.
The additional fees shall be deposited with the City Treasurer prior to depletion of the funds on deposit. Any monies unexpended from the inspection deposit upon completion of the project shall be returned to
the petitioner.
(Ord. 3367, § 2, 8/15/2009)
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13.63.360 - Construction of main extensions.
A. Storm drain main extensions may be made by private contract, through local improvement district
procedure, or by Department forces.
B. Any main extension built by parties other than the Department's forces shall be done by a licensed
and bonded contractor of the State of Washington.
C. Extension by the Department's forces shall be at the expense of the person requesting construction of
the main.
D. All main extensions must be in the City's frontage of the applicant's property and/or other public rights-of-way.
(Ord. 3367, § 2, 8/15/2009)
13.63.370 - Acceptance of main extensions.
A. The City reserves the right to reject any installation not inspected and approved by the Department.
B. Upon satisfactory completion of all required tests and acceptance of the main extension, the Department shall cause the extension to be connected to the City system. All costs incurred in such
connection(s), including overhead and administrative charges, shall be the responsibility of the petitioner. Any adjustment on the actual cost of installation because of variance between the estimate
and the actual cost shall be adjusted by refund upon completion of the job by the petitioner or by payment by the petitioner to the City of any additional expense above the estimate.
C. No storm drain main extension shall be put into service other than for test purposes by duly authorized personnel until the main extension has been accepted by the City and all fees and charges have been
paid.
(Ord. 3367, § 2, 8/15/2009)
13.63.380 - Extensions—Construction drawings.
A. Upon completion of a main extension, the petitioner shall provide the Department a reproducible mylar
drawing that accurately indicates the main extension and appurtenances as actually installed in plan
and profile.
B. No main extension will be accepted until satisfactory "as built" drawings are provided.
(Ord. 3367, § 2, 8/15/2009)
13.63.390 - Main extensions deeded to City.
A. The permit holder shall provide the City with a deed of conveyance for all main extensions as a condition of acceptance of the main extension by the City.
B. The transfer of any main to the City shall be on the condition that the owner, district, company, constructor, or contributor shall transfer or provide for any necessary and proper franchise.
(Ord. 3367, § 2, 8/15/2009)
13.63.400 - Violations of this chapter.
Page 19
The construction or installation of any structure, the connection to a public storm drainage facility, the illicit or illegal discharge to a public storm drainage facility, violations of the construction site stormwater pollution
prevention plan, or the failure to operate and maintain a permitted stormwater facility which violate the provisions of this chapter shall be declared to be unlawful and a public nuisance and may be abated as
such through the use of civil penalties, stop-work orders, water service shut offs, education and outreach as well as any other remedies which are set forth in this chapter, including, but not limited to, revocation of
any permits. If the Director chooses to utilize Title 9 of this Code then a violation of any provision of this chapter shall constitute a Class II misdemeanor. Each violation shall constitute a separate infraction for
each and every day or portion thereof during which the violation is committed, continued or permitted. The choice of enforcement action taken and the severity of any penalty shall be based on the nature of the
violation, the damage or risk to the public or to public resources, and the response of the offender to less severe enforcement actions.
(Ord. 3367, § 2, 8/15/2009)
13.63.410 - Inspection.
A. Routine Inspections. The Director or his designee shall have access to any site for which a site development activity permit has been issued pursuant to section 13.63.270 during regular business
hours for the purpose of on-site review and to insure compliance with the terms of such permit. The applicant for any such permit shall agree in writing, as a condition of issuance thereof, that such access
shall be permitted for such purposes.
B. Inspection for cause. Whenever there is cause to believe that a violation of this title has been or is
being committed, the director or his designee is authorized to inspect the project, and any part thereof reasonably related to the violation, during regular business hours, and at any other time reasonable in
the circumstances. The applicant for any site development activity permit under this chapter shall, as a condition of issuance of such permit, agree in writing that such access to the project site, which
inhibits the collection of information relevant to enforcement of the provisions of this chapter, shall be grounds for issuance of a stop work order by the Director or his designee.
C. The Council shall establish fees for stormwater related inspections. Inspection fees shall be detailed in the PAMC 3.70.110.
(Ord. 3367, § 2, 8/15/2009)
13.63.420 - Inspection procedures.
Prior to making any inspections, the Director or his assignee shall present identification credentials, state
the reason for the inspection and request entry.
A. If the property or any building or structure on the property is unoccupied, the Director or his
assignee shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.
B. If after reasonable effort, the Director or his assignee is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the
site or of the stormwater drainage system creates an imminent hazard to persons or property, the inspector may enter.
(Ord. 3367, § 2, 8/15/2009)
13.63.430 - Test procedures.
Page 20
In the event that water quality testing is utilized in determining whether a violation of this chapter has occurred, the water quality test procedures shall be followed as described in the most recent edition of the
Code of Federal Regulations, Part 136.
(Ord. 3367, § 2, 8/15/2009)
13.63.440 - Stop work orders.
Stop work order means a written notice, signed by the Director or his assignee, that is posted on the site of
a construction activity, which order states that a violation of a City of Port Angeles ordinance has occurred and that all construction-related activity, except for erosion and sedimentation control activities authorized
by the Director, is to cease until further notice. The Director may cause a stop work order to be issued whenever the Director has reason to believe that there is a violation of the terms of this section. The effect
of such a stop work order shall be to require the immediate cessation of such work or activity until authorization is given by the Director to proceed.
(Ord. 3367, § 2, 8/15/2009)
13.63.450 - Cumulative civil penalty.
Every person who violates this chapter, or the conditions of a building permit or stormwater discharge permit
plan, may shall be liable for a civil penalty. The penalty shall not be less than $100.00 or exceed $1,000.00 for each violation. This penalty shall be in addition to any other penalty provided by law. Each and every
such violation shall be a separate and distinct offense, and each day of continued or repeated violation shall constitute a separate violation.
(Ord. 3367, § 2, 8/15/2009)
13.63.460 - Aiding or abetting.
Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty.
(Ord. 3367, § 2, 8/15/2009)
13.63.470 - Order to maintain or repair.
The Director shall have the authority to issue to an owner or person an order to maintain or repair a
component of a stormwater facility or BMP to bring it in compliance with this section. The order shall include:
A. A description of the specific nature, extent and time of the violation and the damage or potential
damage that reasonably might occur;
B. A notice that the violation or the potential violation cease and desist and, in appropriate cases,
the specific corrective actions to be taken; and
C. A reasonable time to comply, depending on the circumstances.
(Ord. 3367, § 2, 8/15/2009)
13.63.480 - Notice of violation—Assessment of penalty.
Page 21
Whenever the Director has found that a violation of this section has occurred or is occurring, the Director is authorized to issue a notice of violation directed to the person or persons identified by the Director as the
violator.
A. The notice of violation shall contain:
1. The name and address of the property owner;
2. The street address, when available, or a legal description sufficient to identify the building,
structure, premises or land upon or within which the violation is occurring;
3. A statement of the nature of such violation(s);
4. A statement of the action that is required to be taken within 21 days from the date of service of the notice of violation, unless the Director has determined the violation to be hazardous
and to be requiring immediate corrective action, or unless the corrective action constitutes a temporary erosion control measure;
5. A statement that a cumulative civil penalty in the amount of not less than $100.00 and not exceeding $1,000.00 per day shall be assessed against the person to whom the notice of
violation is directed for each and every day following the date set for correction on which the violation continues; and
6. A statement that the Director's determination of violation may be appealed to the City Manager by filing written notice of appeal, in duplicate, with the City Manager's Office within
20 days of service of the notice of violation. The per diem civil penalty shall not accrue during the pendency of such administrative appeal unless the violation was determined by the
Director to be hazardous and to require immediate corrective action or was determined by the Director to constitute a temporary erosion control measure.
B. The notice of violation shall be served upon the person(s) to whom it is directed either personally or by complaint in superior court proceedings or by mailing a copy of the notice of violation by
certified mail.
(Ord. 3367, § 2, 8/15/2009)
13.63.490 - Appeal and disposition.
A notice of violation issued pursuant to this chapter shall have the following appeal options:
A. Within 30 days from the date of receipt of the notice of violation, the aggrieved person may make application for relief from penalty to the Director. Such application shall contain any information
relevant to the situation that the aggrieved party believes the Director should consider. The Director may cancel, lower or affirm the penalty.
B. Within 15 days from the date of receipt of the Director's response to said application for relief from penalty, the aggrieved party may have the appeal considered by the City Council at its next
available regularly scheduled meeting date following the filing of the appeal. The City Council shall issue their decision within 15 days of the completion of the hearing. The aggrieved party
shall be notified by certified mail of the determination of the City Council.
(Ord. 3367, § 2, 8/15/2009)
13.63.500 - Liability for costs of investigation.
Any person found to be in violation of this chapter shall be responsible for the costs of investigation by the City. Such cost may include the analytical services of a certified laboratory.
Page 22
(Ord. 3367, § 2, 8/15/2009)
13.63.510 - Collection of civil penalty.
The civil penalty constitutes a personal obligation of the person(s) to whom the notice of violation is directed. Penalties imposed under this chapter shall become due and payable 30 days after receiving notice of
penalty unless an appeal is filed. The City attorney, on behalf of the City, is authorized to collect the civil penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor
terminate the accrual of additional per diem penalties so long as the violation continues.
(Ord. 3367, § 2, 8/15/2009)
13.63.520 - Compromise settlement and disposition of suits.
The Director and the City Attorney are authorized to enter into negotiations with the parties or their legal representatives named in a lawsuit for the collection of civil penalties to negotiate a settlement, compromise
or otherwise dispose of a lawsuit when to do so will be in the best interest of the City, provided that a report shall be submitted to the City Manager in any instance when a compromise settlement is negotiated.
(Ord. 3367, § 2, 8/15/2009)
13.63.530 - Hazards.
A. Whenever the Director determines that any existing construction site, erosion/sedimentation problem, drainage facility, illicit discharge or illicit connection poses a hazard to public safety or substantially
endangers property, or adversely affects the condition or capacity of the drainage facilities, or adversely affects the safety and operation of City right-of-way, or violates State water pollution laws,
the person to whom the permit was issued, or the person or persons holding title to the property within which the construction site, erosion/sedimentation problem, drainage facility, illicit discharge or illicit
connection is located, shall upon receipt of notice in writing from the Director, repair or otherwise address the cause of the hazardous situation in conformance with the requirements of this chapter.
B. Should the Director have reasonable cause to believe that the situation is so adverse as to preclude written notice, he may take the measures necessary to eliminate the hazardous situation, provided
that he shall first make a reasonable effort to locate the owner before acting, in accordance with section 13.63.270. In such instances, the person or persons holding title to the subject property shall be
obligated for the payment to the City of Port Angeles of all costs incurred by the City. If costs are incurred and a bond pursuant to this chapter or other City requirement has been posted, the Director
shall have the authority to collect against the bond to cover costs incurred.
(Ord. 3367 § 2, 8/15/2009)
Page 23
Title 11 - STREETS AND SIDEWALKS
CHAPTER 11.08 - CONSTRUCTION OR EXCAVATION WORK WITHIN RIGHTS-OF-WAY
11.08.010 - Definitions.
All definitions of terms in Title 11 of the Port Angeles Municipal Code and the following definitions apply to
the provisions of this chapter, unless the context shall indicate otherwise:
A. "Applicant" means any person making application for a permit for construction or excavation work, pursuant to the terms of this chapter.
B. "City" means the City of Port Angeles.
C. "City Council" or "Council" means the City Council of the City.
D. "City Engineer" means the City Engineer of the City of Port Angeles.
E. "Construction" or "excavation" means the act of opening, excavating, or in any manner disturbing
or breaking the surface or foundation of any permanent pavement of the ground; the establishment or alteration of any established grade or street; and the maintenance or removal of
a sidewalk or crosswalk, pavement, sewers, water mains, street lighting or appurtenances thereto, and the planting or removal of street trees.
F. "Easement" means any easement granted to the City for access to or for public utilities.
G. "Person" means any person, firm, partnership, association, corporation, company, service
provider or non service provider as defined under Chapter 11.14, or organization of any kind.
H. "Permittee" means any person holding a permit from the City of Port Angeles for the performance
of any construction or excavation work within a right-of-way of the City.
I. "Right-of-way" means:
1. A dedicated or owned right-of-way or easement of the City within the boundaries which may be located a street, highway, sidewalk, alley, avenue or other structure used for pedestrian
or vehicular traffic or a utility structure or appurtenance or approved street tree or landscaping. A right-of-way or easement is included within the definition of "right-of-way"
whether such right-of-way or easement is currently used or not; or
2. Land acquired or dedicated for a street, highway, sidewalk, alley, avenue or other structure
used for pedestrian or vehicular traffic, or a utility structure or appurtenance and easements for which, under City ordinances and other applicable laws, the City has authority to grant
use permits, master permits, franchises, licenses or leases for use thereof or has regulatory authority thereover, and which may be more specifically defined in the master permit, license
or lease granting any right to or use thereof.
J. "Permit, use permit, right-of-way use permit, or right-of-way construction permit" refer to the legal
authorization, in addition to a master permit, to enter and use a specified portion of the City's rights-of-way for the purpose of installing, repairing, or removing identified facilities.
K. "Work" means any construction or excavation within a right-of-way of the City. "Work" does not include routine maintenance or new service connection drops to customers, unless such
maintenance or service connection drops are new pole attachments or disturb the other joint pole users or the roadbed or in any substantial manner obstruct the flow of traffic.
(Ord. 3366 § 1, 6/26/2009; Ord. 3087 § 1 (part), 6/29/2001; Ord. 2166 § 1, 9/1/1981)
11.08.130 - Additional specifications—Sidewalks.
Page 1
Where there is an existing cement concrete curb, any sidewalk installed or repaired in that location shall be constructed only with cement concrete, permeable pavement, or any equally satisfactory material approved
by the City Engineer.
(Ord. 2166 § 13, 9/1/1981)
11.08.140 - Additional specifications—Driveways.
Driveways shall be constructed in accordance with the following specifications:
A. The maximum single driveway width for commercial or multi-family properties lot frontage of 75 feet or less shall not exceed 2524 feet at the curb, excluding transitions.
B. The maximum single driveway width for lot frontage exceeding 75 feet shall not exceed 30 feet at the curb, excluding transitions. The maximum single driveway width for single-family residential
properties shall not exceed 18 feet at the curb, excluding transitions.
C. The minimum single driveway width shall be 1210 feet at the curb, excluding transitions.
D. Where two or more adjoining driveways are provided for the same property, a full curb height safety island of not less than 15 feet, at the curb, must be provided. The safety island can be
vegetated with grass or landscaping, or planted with trees. If the safety island must be paved, permeable pavement should be used if feasible.
E. No driveway apron shall extend into the street further than the face of the curb.
F. No driveway shall be located within 25 feet, including transitions, of a regular crosswalk area at
an intersection or any other designated crosswalk area.
G. No driveway shall be located within ten feet, including transitions, of a side lot line.
H. No driveway may be located so as to conflict with power poles, street lights, fire hydrants, established street tree, or other above-ground public facilities.
I. Two-track driveway designs are allowed and encouraged on private property.
(Ord. 3366 § 1, 6/26/2009; Ord. 2886 § 1, 9/15/1995; Ord. 2166 § 14, 9/1/1981)
11.08.160 - Additional specifications—Driveways—Materials.
A. All residential driveways shall be constructed of pervious concrete per ACI 522.1-13 (preferred); Class 3000 cement concrete, not less than six inches thick; or porous asphalt as specified on a project-by-
project basis by the engineer. Exposed aggregate work or special surface treatment shall not be allowed in public right-of-way. Driveways shall be constructed in conformance with the standard
specifications adopted by this chapter.
B. All commercial or industrial driveways shall be constructed in accordance with specifications provided
by the City Engineer.
C. All driveways shall slope upward from the gutter at not less than one-quarter inch to one foot. Curb
height at a depressed driveway shall be one-half inch.
(Ord. 2886 § 2, 9/15/1995; Ord. 2166 § 16, 9/1/1981)
11.08.270 - Watercourses, sewers and drains—Protection.
Page 2
A. The permittee shall provide for the flow of all watercourses, sewers or drains which are involved in the work, and shall replace the same in as good condition as it found them or shall make such provisions
for them as the City Engineer may direct.
B. The permittee shall not obstruct the gutter of any street, but shall use all proper measures to provide
for the free passage of surface water.
C. The permittee shall make provisions to take care of all surplus water, muck, silt, or other runoff pumped
or resulting from the work, and shall be responsible for any damages resulting from his failure to so provide.
D. The permittee shall manage stormwater impacts associated with construction activities as described in Volume II of the Department of Ecology's SWMMWW (2014).
(Ord. 2166 § 27, 9/1/1981)
11.08.310 - Surface restoration.
A. Permittee shall compact the backfill to the top of the trench, and shall then notify the City Engineer that the excavation and backfill work is complete. Pavement shall be patched in accordance with the
patching requirements specified in Chapter 3 of the City of Port Angeles Urban Services Standards and Guidelines manual.
B. The permanent restoration of the streets shall be made by the City, after the permittee has completed his work.
C. The permittee may be required to place a temporary surface over openings made in paved traffic lanes. When such temporary surface is required, the fill above the bottom of the paving slab shall be
made with suitable material, in accordance with section 11.08.300, and this fill shall then be topped with a minimum of at least one-inch bituminous mixture, which is suitable to maintain the opening in
good condition until permanent restoration can be made. The crown of such temporary restoration shall not exceed one inch above the adjoining pavement. The permittee shall exercise special care in
making such temporary restorations, and must maintain such restoration in a safe traveling condition until such time as a permanent restoration can be made. Asphalt which is used shall be in accordance
with specifications of the City Engineer.
D. If, in the judgment of the City Engineer, it is not expedient or necessary to replace the pavement over
any cut or excavation made in the street, upon completion of the work allowed under such permit, by reason of the looseness of the earth or weather conditions, he may direct the permittee to lay a
temporary pavement of wood, asphalt, or other suitable material designated by him over such cut or excavation, to remain until such time as repair of the original pavement may be properly made.
E. Acceptance or approval of any work by the City Engineer shall not prevent the City from asserting a claim against the permittee for incomplete or defective work, if it is discovered within 12 months from
the completion of the work. The City Engineer's presence during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder.
(Ord. 2166 § 31, 9/1/1981)
11.08.350 - Noise, dust, and debris restrictions.
A. Each permittee shall conduct and carry out the excavation work in such manner as to avoid
unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in
the performance of the excavation work noise, dust, and unsightly debris. The permittee shall manage stormwater impacts associated with construction activities as described in Volume II of the Department
of Ecology's SWMMWW (2014).
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B. Between the hours of 10:00 p.m. and 7:00 a.m., the permittee shall not use, except with the express written permission of the City Engineer, any tool, appliance or equipment producing noise of sufficient
volume to disturb the sleep or repose of occupants in the neighboring property.
(Ord. 2166 § 35, 9/1/1981)
CHAPTER 11.12 - RIGHT-OF-WAY USE
11.12.130 - Obstructions—Standards.
Each obstruction proposed to be placed upon a sidewalk, street or planting strip of the City shall comply, at a minimum, with the following standards:
A. The location of the obstruction shall be consistent with the paramount right of the public to use the street, sidewalk or planting strip for transportation purposes.
B. The location of the obstruction, and/or the obstruction itself, shall be adequately lighted for night visibility, if the obstruction area is not lighted and pedestrians are present at night.
C. The location of the obstruction shall not constitute a traffic hazard either by itself, or by its effect upon the visibility of persons using the street or sidewalk.
D. If locations for the particular type of obstruction are required by the existence of other structures, obstructions, ordinances or other regulations, the obstruction shall be located where so required.
E. The obstruction shall not be permitted for longer than the period necessary for accomplishing the proposed purpose for such obstruction.
F. All other State and local ordinances will be applicable and shall be complied with.
G. The applicant must demonstrate that it is necessary to use the public street, sidewalk or planting
strip, and that there is no other means available to accomplish the desired purpose, except by the use of the public right-of-way, street or planting strip.
H. No one shall plant in any public right-of-way any tree the roots of which cause injury to the sewers, water mains, sidewalks or pavements, the height of which interferes with overhead utility wires or
which breed disease dangerous to other trees or to the public health or allow to remain in any public right-of-way any planted tree which has become dead or is in such condition as to be
hazardous to the public use of the street and/or sidewalk, and any such trees now existing in any such planting strip or abutting street area shall be removed or properly pruned at the expense of
the abutting property owner as may be directed by the City. No new tree shall be planted within two three feet of any sidewalk or pavement, except as may be otherwise approved.
I. No flowers, shrubs or trees shall be allowed to overhang or prevent the free use of the sidewalk or roadway, or street maintenance activity or utility use of the street except that trees may extend
over the sidewalk when kept trimmed to a height of seven feet above same, and 15 feet above arterials and 14 feet above all other roadways. Trees so placed shall also be trimmed so as to
remain below power lines if present.
(Ord. 3366 § 2, 6/26/2009; Ord. 3328 § 4, 4/25/2008; Ord. 2350 § 1, 7/23/1985)
CHAPTER 11.13 - STREET TREES
11.13.050 - Street trees—General requirements.
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A. For new development, redevelopment and land divisions in all zones, street tree requirements are as follows:
1. All trees planted in the right-of-way shall be selected from the list of City approved street trees. The List of Approved Street Trees is established in the Port Angeles Urban Services Standards
and Guideline Manual.
2. A Street Tree Planting Plan shall be submitted to and approved by the Community Forester as
part of any development permit application. All proposed trees shall be shown on the plan with the species indicated.
3. Street trees shall be planted within the public right-of-way in accordance with the details provided in the current Urban Services Standards and Guidelines.
4. The owner shall install the street tree(s) specified on the landscape plan prior to the issuance of final project approval or issuance of certificate of occupancy. Street tree plantings may be delayed
between May 1 and October 1. In this case, the owner shall provide an assurance acceptable to the City for any required tree planting. The assurance must be provided prior to approval and
acceptance and/or the issuance of a certificate of occupancy.
5. Trees planted in rigid cells are encouraged and preferred in urban areas where feasible.
B. Street tree requirements in previously developed area. In addition to the above requirements, the following also apply;
1. Approval by the Community Forester and the Public Works and Utilities Department shall be required to plant, remove or prune trees in the public right-of-way. Approval shall include but not
be limited to:
a. A right-of-way use permit per 11.1 PAMC;
b. A utility locate;
c. A review of planting site, plant type, plant quality and planting or pruning techniques
proposed.
2. When native tree canopy is removed, trees 4 inches in diameter at breast height shall be replaced
with a number of trees equal to the basal area of the removed tree divided by 7.1 (the area in square inches of a 3 inch caliper replacement tree).
32. Where new street trees cannot be planted due to portions of rights-of-way having been previously paved or otherwise rendered unsuitable to plant trees, a fee-in-lieu of planting is may be required
in accordance with PAMC 3.70.010. Such fee shall be calculated in accordance with this chapter and be deposited into the Community Forestry Fund.
C. Street tree maintenance.
1. The Community Forester shall have the right to either conduct or authorize any trimming, pruning,
maintenance and/or removal activities for all street trees and trees located on City property as may be necessary for public safety or in support of the goals of a "Community Forestry Plan".
2. Street tree maintenance shall be in compliance with standards for tree care as outlined in the Urban Services Standards and Guidelines.
3. Minor tree pruning may be performed by the owner of property adjoining the right-of-way in which a street tree is located with prior approval from the Community Forester.
4. Major pruning or removal of large or significant street trees requires prior approval by the Community Forester. A request to conduct major pruning or tree removal shall first be referred to
the Community Forester for a recommendation. Major pruning is defined in the Urban Services and Standards Guidelines.
5. For major pruning or removal of a large or significant street tree, the applicant must demonstrate that major tree pruning or removal is necessary for one or more of the following reasons:
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a. The tree, or a portion of the tree proposed for removal is deemed a hazard tree by certified arborist or Community Forester;
b. The tree, or a portion of the tree proposed for removal, is dead;
c. The tree, or a portion of the tree proposed for removal is diseased or infested with an invasive
insect pest and no remedial treatment is available;
d. That the retention of the tree will have a material, adverse and unavoidable impact on the
use of the property.
6. A maintenance responsibility notation indicating that the required street tree maintenance is the
responsibility of the adjoining property owners shall be placed on all final plats.
D. Removal of stumps. All stumps of street trees shall be removed so that the top of the stump shall not
project above the surface of the ground.
E. Abuse or mutilation of trees prohibited.
1. It is unlawful for any person to intentionally damage, carve or otherwise injure any street tree and may be considered abuse or mutilation of a tree and may require remedial action under Section
8.30 PAMC.
2. Pruning of street trees that does not meet the best management practice for pruning standards
as established in the Urban Services Standards and Guidelines Manual may be considered abuse or mutilation of a tree and may require remedial action under Section 8.30 PAMC.
3. Exemptions. The following conditions are exempt from the requirements of this chapter:
a. Work required as a result of emergencies involving, but not limited to: windstorms, floods,
freezes, or other natural disasters. Other requirements of this chapter may be waived by the Community Forester when deemed appropriate.
b. Work required to maintain and protect public safety, public utilities, and infrastructure when deemed necessary by the Director of Public Works and Utilities (Director) or his/her
designee.
c. Other requirements as recommended by the Community Forester:
(i) Appeals. An applicant may appeal in writing to the Public Works and Utilities Department Director any decision made by Community Forester within 30 days of the
decision being rendered. The applicant may appeal the decision in writing to the City Manager within 30 days of the decision being rendered by the Public Works and Utilities
Director.
(Ord. 3511, § 1, 7/15/2014)
CHAPTER 11.14 - TELECOMMUNICATIONS FACILITIES WITHIN RIGHTS-OF-WAY
11.14.100 - Administrative provisions.
A. Right-of-way license. A right-of-way license shall be required of any person who occupies or desires to construct, install, control or otherwise locate telecommunications facilities in, under, over or across
any rights-of-way of the City, which facilities are not used to provide telecommunications service for hire, sale or resale to the general public or are used for the sole purpose of providing a private
telecommunications system.
A right-of-way license is not required for persons already holding master permits for the same
telecommunications facilities.
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1. Right-of-way license application. Any person who desires a right-of-way license pursuant to this chapter shall file an application with the City, which shall include the following information:
(a) The identity of the applicant and the persons who exercise working control over the applicant. Publicly traded entities may provide copies of the pertinent portions of their most recent
sworn filing(s) with the Federal Securities and Exchange Commission that evidence any working control ownership interests, to comply with this requirement.
(b) A description of the telecommunications services that are or will be offered or provided by the applicant over its telecommunications facilities. Only general, non-proprietary information
need be provided.
(c) Whether the applicant intends to provide cable service, open video service or other video
programming service, and sufficient information to determine whether such service is subject to the City's cable franchising requirements. Only general, non-proprietary information need
be provided.
(d) A network map of existing and proposed facilities to be located within the City, all in sufficient
detail to identify:
(i) The location and route requested for the applicant's proposed facilities, including any
environmentally sensitive areas that may be subject to City's State Environmental Protection Act (SEPA) ordinance.
(ii) The specific trees, structures, improvements, stormwater facilities/BMPs facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove
or relocate; and
(iii) To the extent known at the time of application, the location(s) where there are or will be
interconnections of telecommunications facilities by the applicant.
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CHAPTER 13.63 - STORMWATER—UTILITY AND REGULATIONS
13.63.010 - Purpose.
The purpose of this chapter is to establish a storm and surface water management program and utility in
order to accomplish the following goals:
A. Establish a stormwater capital facilities plan and small project funding program for projects which will:
1. protect property owners adjacent to developing and developed land from increased runoff rates, which could cause erosion of abutting property;
2. decrease drainage-related damage to public and private property;
3. maintain safe City streets and rights-of-way;
4. minimize water quality degradation and control of sedimentation of creeks, streams, ponds, and other water bodies; and
5. preserve and enhance the aesthetic quality of waters;
B. Promote sound development policies and construction procedures, which respect and preserve
the City's watercourses; and
C. Provide public education, outreach, participation, and involvement in the protection of water
quality.
D. Establish general rules and regulations for the service and extension of service from the
stormwater system.
The storm and surface water management program shall consist of stormwater regulations and a
stormwater utility, which shall be implemented and operated by the City's Department of Public Works and
Utilities in accordance with standards established by the appropriate governmental entities with jurisdiction.
(Ord. 3367§ 2, 8/15/2009)
13.63.020 - Incorporated by reference.
The City hereby incorporates the following documents into this chapter:
A. The City of Port Angeles' Urban Services Standards and Guidelines adopted pursuant to Chapter 18.08 PAMC.
B. Chapters 2, 3, and 4, Volume I, and Appendices 1-C, 1-D and 1-E, Volume I; Chapters 3 and 4, Volume II;, the entirety of Volume III;, the entirety of Volume IV, and the entirety of Volume V of
the Department of Ecology's 20052014 Stormwater Management Manual for Western Washington(SWMMWW [2014]), or the most recent update.
C. Appendix I of the City of Port Angeles' Western Washington Phase II Municipal Stormwater Permit, issued in January of 2007 August 2012, effective August 2013, and revised in January
2014; or the most recent update.
D. 20052012 Low Impact Development Technical Guidance Manual for Puget Sound published by
the Puget Sound Action Team Washington State University and the Puget Sound Partnership, or the most recent update.
All of these documents are on file within the office of the City Engineer and can be viewed upon request.
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(Ord. 3367§ 2, 8/15/2009)
13.63.030 - Applicability.
The provisions of this chapter shall apply to all direct and indirect connections to the City's stormwater system, including direct outfalls to the City's streams or marine waters.
(Ord. 3367§ 2, 8/15/2009)
13.63.040 - Definitions.
The following definitions shall apply to this chapter:
A. AKART - All known, available, and reasonable methods of prevention, control, and treatment.
B. Arterial - PRINCIPAL ARTERIALS: Principal arterials provide service for principal traffic
movements within the City. They serve centers of activity; intra-area travel between Port Angeles and other large communities and between principal trip generators. Principal arterials serve the
longest trips and carry the principal portion of trips entering and leaving the overall area. Typically they are the highest traffic volume corridors in the City. The design year ADT is approximately
5,000 to 30,000 vehicles per day or more. They frequently carry important intra-urban as well as intercity bus routes.
The spacing of principal arterials usually varies from about one mile in highly developed business areas to five miles or more in rural areas. Service to abutting land should be subordinate to the
provisions of travel service to principal traffic movements; this service should be incidental to the primary functional responsibility of the street. Desirably it is located on community and
neighborhood boundaries or adjacent to but not through principal shopping centers, parks, and other homogeneous areas.
MINOR ARTERIALS: Minor arterials interconnect with and augment the principal arterial system. Minor arterials connect principal arterials to collector arterials and small generators. They provide
medium size trip generators, such as less intensive commercial development, high schools and some junior high/grade schools, warehousing areas, active parks and ballfields, and other land
uses with similar trip generation potential. They distribute travel to smaller geographic areas and communities than those identified with the principal arterial system. They provide service for trips
of moderate length of a somewhat lower level of travel mobility than principal arterials. The design year ADT is approximately 2,500 to 15,000.
COLLECTOR ARTERIALS: Collector arterials provide both land access service and traffic circulation within residential neighborhoods and commercial and industrial areas. It differs from
the arterial system in that facilities on the collector system may penetrate residential neighborhoods, distributing trips from the arterials through the areas to their ultimate destinations.
The collector also collects traffic from local streets in residential neighborhoods and channels it onto minor and principal arterials. The collector arterial street may also carry local bus routes.
C. Best Management Practices (BMPs) - mean schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and structural and/or managerial practices, that when used singly or in combination, to prevent or reduce the release discharge of pollutants and other adverse impacts
to waters of Washington State (as per the Department of Ecology’s SWMMWW [2014]) directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also
include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
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D. Certified Eerosion and Ssediment Ccontrol Llead (CESCL) - means an individual who has current certification through an approved erosion and sediment control training program that meets the
minimum training standards established by the Washington State Department of Ecology (see BMP C160 in the Stormwater Management Manual for Western Washington Department of
Ecology’s SWMMWW (20052014)). A CESCL is knowledgeable in the principles and practices of erosion and sediment control. The CESCL must have the skills to assess site conditions and
construction activities that could impact the quality of stormwater and, the effectiveness of erosion and sediment control measures used to control the quality of stormwater discharges (as per the
Department of Ecology’s SWMMWW [2014]). Certification is obtained through a Washington State Department of Ecology approved erosion and sediment control course. Course listings are
provided online at Ecology's web site.
E. Clean Water Act - means the federal Water Pollution Control Act (33 USC Section 1251 et seq.),
and any subsequent amendments thereto.
F. Commercial/multiple property - means all property zoned or used for multi-family, commercial,
retail, public, government, non-profit and all other non-residential uses.
G. Compost-amended soil – establishment of a minimum soil quality and depth to regain stormwater
functions in the post development landscape, provide increased treatment of pollutants and sediments that result from development and habitation, and minimize the need for some
landscaping chemicals.
H. Director - means the City of Port Angeles Director of Public Works and Utilities or his or her
designee.
I. Effective impervious surface - those impervious surfaces that are connected via sheet flow or
discrete conveyance to a drainage system. Impervious surfaces on residential development sites are considered ineffective if: 1) the runoff is dispersed through at least 100one hundred feet of
native vegetation in accordance with BMP T5 30 - "Full Dispersion," as described in Chapter 5 of Volume V of the Department of Ecology’s Stormwater Management Manual for Western
Washington SWMMWW (20052014); 2) residential roof runoff is infiltrated in accordance with Downspout Full Infiltration Systems, per BMP 5.10A in Volume III of the Department of Ecology's
SWMMWW (2014); or 3) approved continuous runoff modeling methods indicate that the entire runoff file is infiltrated (as per the Department of Ecology's SWMMWW [2014]).
J. Ground water - means water in a saturated zone or stratum beneath the surface of the land or below a surface water body.
K. Hard Surface – An impervious surface, a permeable pavement, or a vegetated roof.
L. Hazardous materials - means any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard
to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
M. Highway - a main public road connecting towns and cities.
N. Hyperchlorinated - means water that contains more than ten mg/liter chlorine.
O. Illicit discharge - means any direct or indirect non-stormwater discharge to the City's stormwater system, except as expressly allowed by this chapter.
P. Illicit connection - means any man-made conveyance that is connected to a municipal separate storm sewer without a permit, excluding roof drains and other similar type connections. Examples
include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system.
Q. Impaired capacity system – The flow volume or rate is greater than what a facility (e.g., pipe, pond, vault, swale, ditch, drywell, etc.) is designed to safely contain, receive, convey, reduce
pollutants from, or infiltrate to meet a specific performance standard. System capacity shall be
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evaluated using a qualitative analysis and/or a quantitative analysis which shall include continuous runoff modeling of the 25-year recurrence interval flow. A system is considered to be
impaired when it is not able to convey the 25-year recurrence interval flow without surcharging.
R. Impervious surface - a non-vegetated hard surface area that which either prevents or retards the
entry of water into the soil mantle as under natural conditions prior to development. A hard non-vegetated surface area which causes water to run off the surface in greater quantities or at an
increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios,
driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural
infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for purposes of determining whether the thresholds for application of
minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling (as per the Department of
Ecology's SWMMWW [2014]).
S. Land disturbing activity - Any activity that results in movement of earth, or a change in the existing
soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to clearing, grading, filling, and excavation.
Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices are not considered land-
disturbing activity.
T. Maintenance - Repair and maintenance includes activities conducted on currently serviceable
structures, facilities, and equipment that involves no expansion or use beyond that previously existing and results in no significant adverse hydrologic impact. It includes those usual activities
taken to prevent a decline, lapse, or cessation in the use of structures and systems. Those usual activities may include replacement of dysfunctional facilities, including cases where
environmental permits require replacing an existing structure with a different type structure, as long as the functioning characteristics of the original structure are not changed. One example is
the replacement of a collapsed, fish blocking, round culvert with a new box culvert under the same span, or width, of roadway. See also Road Maintenance exemptions in Section 1 of the NPDES
Appendix included in this chapter.
U. Municipal separate storm sewer system (MS4) - means a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): owned or operated by the City of Port Angeles:
1. Designed or used for collecting or conveying stormwater;
2. Which is not part of a publicly owned treatment works (POTW). "POTW" means any device
or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned; and
3. Which is not a combined sewer. "Combined sewer" means a system that collects sanitary sewage and stormwater in a single sewer system.
V. National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit - means a permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department
of Ecology under authority delegated pursuant to 33 USC Section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an
individual, group, or general area-wide basis.
W. Native vegetation - Vegetation comprised of plant species, other than noxious weeds, that are
indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. Examples include trees such as Douglas Fir, western
hemlock, western red cedar, alder, big-leaf maple, and vine maple; shrubs such as willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and
fireweed.
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X. New development - Land disturbing activities, including Class IV - general forest practices that are conversions from timber land to other uses; structural development, including construction or
installation of a building or other structure; creation of impervious surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects
meeting the definition of redevelopment shall not be considered new development.
Y. Non-impaired capacity system – The flow volume or rate that a facility (e.g., pipe, pond, vault,
swale, ditch, drywell, etc.) is designed to safely contain, receive, convey, reduce pollutants from, or infiltrate to meet a specific performance standard. System capacity shall be evaluated using a
qualitative analysis and/or a quantitative analysis which shall include continuous runoff modeling of the 25-year recurrence interval flow. System capacity is considered to be non-impaired if it
conveys a 25-year recurrence interval flow without surcharging.
Z. Non-stormwater discharge - means any discharge to the storm drain system that is not composed
entirely of stormwater.
AA. Permeable pavement - Pervious concrete, porous asphalt, permeable pavers or other forms of
pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a
stormwater reservoir.
BB. Person - means any individual, association, organization, partnership, firm, corporation or other
entity recognized by law and acting as either the owner of a premises or as the owner's agent.
CC. Pollutant - means anything which causes or contributes to pollution. Pollutants may include, but
are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or
abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables (objects or substances which float); pesticides, herbicides, and fertilizers; hazardous
substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and
noxious or offensive matter of any kind.
DD. Pollution-generating impervious surface (PGIS) - Those impervious surfaces considered to be a
significant source of pollutants in stormwater runoff. Such surfaces include those which are subject to: vehicular use; industrial activities (as further defined in the Department of Ecology's
SWMMWW [2014]), or storage of erodible or leachable materials, wastes, or chemicals, and which receive direct rainfall or the run- on or blow-in of rainfall;. Erodible or leachable materials,
wastes, or chemicals are those substances which, when exposed to rainfall, measurably alter the physical or chemical characteristics of the rainfall runoff. Examples include erodible soils that are
stockpiled, uncovered process wastes, manure, fertilizers, oily substances, ashes, kiln dust, and garbage dumpster leakage. mMetal roofs are also considered to be PGIS unless they are coated
with an inert, non-leachable material (e.g., baked-on enamel coating); or roofs that are subject to venting significant amounts of dusts, mists, or fumes from manufacturing, commercial, or other
indoor activities (as per the Department of Ecology's SWMMWW [2014]).
1. A surface, whether paved or not, shall be considered subject to vehicular use if it is regularly
used by motor vehicles. The following are considered regularly-used surfaces: roads, unvegetated road shoulders, bike lanes within the traveled lane of a roadway, driveways,
parking lots, unfenced fire lanes, vehicular equipment storage yards, and airport runways.
2. The following are not considered regularly-used surfaces: paved bicycle pathways separated
from and not subject to drainage from roads for motor vehicles, fenced fire lanes, and infrequently used maintenance access roads.
EE. Pollution-generating pervious surfaces (PGPS) - Any non-impervious surface subject to vehicular use, industrial activities (as further defined in the Department of Ecology's SWMMWW [2014]); or
storage of erodible or leachable materials, wastes or chemicals, and that receive direct rainfall or run-on or blow-in of rainfall, use of pesticides and fertilizers or loss of soil. Typical PGPS include
permeable pavement subject to vehicular use, lawns, and landscaped areas, golf courses
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including:, parks, cemeteries, and sports fields (natural and artificial turf) (as per the Department of Ecology's SWMMWW [2014]).
FF. Pre-developed condition - The native vegetation and soils that existed at a site prior to the influence of Euro-American settlement. The pre-developed condition shall be assumed to be a
forested land cover unless reasonable, historic information is provided that indicates the site was prairie prior to settlement.
GG. Premises - means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
HH. Project site - That portion of a property, properties, or right-of-way subject to land disturbing activities, new impervious surfaces, or replaced impervious surfaces.
II. Rain garden - A non-engineered shallow, landscaped depression, with compost-amended native soils and adapted plants. The depression is designed to pond and temporarily store stormwater
runoff from adjacent areas, and to allow stormwater to pass through the amended soil profile.
JJ. Receiving waters - Bodies of water or surface water systems to which surface runoff is discharged
via a point source of stormwater or via sheet flow.
KK. Redevelopment - On a site that is already substantially developed (i.e., has 35 percent or more
of existing impervious surface coverage), the creation or addition of impervious surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development
including construction, installation or expansion of a building or other structure; replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities.
LL. Replaced impervious surface - For structures, the removal and replacement of any exterior impervious surfaces or foundation. For other impervious surfaces, the removal down to bare soil
or base course and replacement.
MM. Single family property - means all property used for single family residential uses.
NN. Site - The area defined by the legal boundaries of a parcel or parcels of land that is (are) subject to new development or redevelopment. For road projects, the length of the project site and the
right-of-way boundaries define the site.
OO. Source control BMP - A structure or operation that is intended to prevent pollutants from coming
into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. The Department of Ecology's Stormwater Management
Manual for Western Washington SWMMWW (20052014) separates source control BMPs into two types. Structural source control BMPs are physical, structural, or mechanical devices, or facilities
that are intended to prevent pollutants from entering stormwater. Operational BMPs are nonstructural practices that prevent or reduce pollutants from entering stormwater. For further
examples or details, refer to the Department of Ecology's Volume IV of the Department of Ecology's SWMMWW (20052014).
PP. Stormwater - means runoff during and following precipitation and snowmelt events, including surface runoff and drainage.
QQ. Stormwater pollution prevention plan (SWPPP) - means a document which describes the best management practices and activities to be implemented by a person to identify sources of
pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the
maximum extent practicable.
RR. Stormwater system - means all natural and manmade systems which function together or
independently to collect, store, purify, discharge and convey stormwater. Included are all stormwater facilities as well as natural systems such as streams and creeks and all natural
systems which convey, store, infiltrate or divert stormwater.
Page 6
SS. Threshold discharge area - An onsite area draining to a single natural discharge location or multiple natural discharge locations that combine within one-quarter mile downstream (as
determined by the shortest flowpath). The examples in Figure 2.1 below illustrate this definition. The purpose of this definition is to clarify how the thresholds of the stormwater requirements are
applied to project sites with multiple discharge points.
TT. Wetland - Those areas that are inundated or saturated by surface or ground water at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage
ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were
unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate the
conversion of wetlands.
(Ord. 3367 § 2, 8/15/2009)
13.63.050 - Stormwater utility established.
There is hereby created and established a storm and surface water utility (also referred to as the
"stormwater utility"). The stormwater utility shall be administered under direction of the Director of Public Works and Utilities. The stormwater utility shall perform the functions, and have the authority, as set forth
in Chapter 35.67 RCW and in this chapter for managing, regulating, and controlling the City's stormwater management program.
(Ord. 3367 § 2, 8/15/2009)
13.63.060 - Jurisdiction.
The City shall have jurisdiction over all storm and surface water facilities within the City's boundaries. No
modifications or additions shall be made to the City's storm and surface water facilities without the prior approval of the City.
(Ord. 3367 § 2, 8/15/2009)
13.63.070 - Operation and management.
The stormwater utility shall be managed and operated in accordance with applicable sections of the City's Western Washington Phase II Municipal Stormwater Permit, the City's Urban Services Standards and
Guidelines and PAMC 13.63.
(Ord. 3367 § 2, 8/15/2009)
13.63.080 - Transfer of property.
All equipment, properties, and property rights and interests owned or held by the City, however acquired, insofar as they relate to or concern storm or surface water sewage, are hereby transferred to the stormwater
utility. This includes by way of example and not limitation, all properties and property rights and interests acquired by adverse possession or by prescription in and to the drainage and storage of storm or surface
waters over and under lands, watercourses, streams, ponds and sloughs to the full extent of inundation caused by the largest storm or flood condition.
Page 7
(Ord. 3367 § 2, 8/15/2009)
13.63.090 - Monthly charge.
A. The owners of all real property in the City containing hard surfaces shall pay a monthly stormwater utility charge at the rate as set forth in this section.
B. Single family and duplex residential fees. Effective January 1, 2016, the monthly stormwater utility charge for each single family and duplex residential property shall be $14.00. Effective January 1,
2017, the monthly stormwater utility charge for each single family and duplex residential property shall be $16.00.
C. Commercial/multiple property. The monthly stormwater utility charge is based on the residential rate multiplied by the number of equivalent service units (ESU). The number of (ESU) shall be calculated
by dividing the total hard surface area by 3,200 square feet for all commercial/multiple property shall be calculated by dividing the total impervious area in square feet by 4,000 square feet, times the single
family and duplex residential fee. The minimum monthly fee for a commercial/multiple property shall be not less than the monthly fee for a single family dwelling, and the maximum monthly fee shall be
not more than ten times the monthly fee for a single family dwelling.
D. Public or private owned properties or portions thereof having their own industrial stormwater NPDES
permitted storm and surface water runoff facilities meeting Minimum Requirements #6 and #7 (treatment and flow control) in the Department of Ecology’s SWMMWW (2005 or later) shall be
charged a commercial/multiple property rate equal to 50% of the commercial/multiple property rate in subsection C above.
ED. City streets, State highways, and private streets with storm and surface facilities in place meeting City standards, and other public or private owned properties or portions thereof having their own NPDES
permitted storm and surface water runoff facilities which do not discharge to City facilities shall be exempt from the monthly charges set forth in this section.
(Ord. 3538 § 2, 9/1/2015; Ord. No. 3464 § 4, 10/16/2012, eff. 1/7/2013; Ord. 3367 § 2,
8/15/2009)
13.63.100 - Rate adjustment.
A. Stormwater rebates may be issued for utility fees will be reduced by 25 percent for existing sites, retrofit, new development or redevelopment projects that meet the following conditions:
1. Overall project with less than 5,000 square feet of new or replaced hard surfaces, and implements two or more of the following: disturbance is less than one acre.
a. Permeable pavement b. Compost amended soils per BMP T5.13 in all disturbed area not covered by new
improvements c. Rain gardens
2. Project proponent implements two of the following:
a. Roof downspout controls as described in Chapter 3, Volume III of the most recent edition of
the Department of Ecology's Stormwater Management manual for Western Washington (DOE Manual).
b. Installation of BMPs or LID techniques to mitigate for impervious area equal to at least ten percent of the site/lot. Specific BMPs and LID techniques are described in Chapter 5, Section
5.05.03 of the City's Urban Services Standards and Guidelines.
c. Amend the soil as recommended in BMP T5.13 in the DOE manual in all disturbed areas not
covered by new improvements.
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23. LID facilities and Best management practices (BMPs) listed in (1) above must be designed and maintained in accordance with the Department of Ecology’s SWMMWW (2014) DOE Manual.
3. LID techniques must be designed in accordance with the most recent version of the Low Impact Development Technical Guidance Manual for Puget Sound. Stormwater rebates as available
funding allows include the following:
a. Permeable pavement - $1 per square foot towards materials, up to a maximum rebate of
$1,000 per household or business
b. Compost amended soils – voucher for 10 cubic yards of Garden Glory compost
c. Rain gardens – Rebate for materials to install a rain garden, up to a maximum rebate of $1,000, per household or business.
5. BMPs and LID facilities must be maintained by the property owner and continue to function as they were designed.
B. Stormwater rebates may be issued for retrofit, new development, or redevelopment project that meet the following conditions:
1. Overall project is less than the Minimum Requirement #5 threshold or is a retrofit project that implements a rain garden.
2. Rain gardens must be designed and maintained in accordance with the Department of Ecology’s SWMMWW (2014)
3. Stormwater rebates as available funding allows include a rebate for materials to install a rain garden, up to a maximum rebate of $1,000, per household or business.
C. Stormwater utility fees may be reduced for the following calendar year by 25 percent for commercial properties that provide annual documentation of proper maintenance of their stormwater treatment
and flow control BMPs/facilities which meet Minimum Requirements #6 and #7 in the Department of Ecology’s SWMMWW (2005 or later).
DB. A property owner may request a rate adjustment to the monthly charge set forth in PAMC 13.63.100, only if the property contains no impervious hard surfaces or if the property owner disagrees with the
City's calculations of the rate, or the amount of impervious hard surface area used by the City in calculating the rate, under PAMC 13.63.100C. A request for an adjustment shall be submitted in writing
to the Director of Public Works and Utilities. If the property contains no impervious hard surfaces, the rate shall be adjusted to zero. If the City's calculations or amount of impervious hard surfaces under
PAMC 13.63.100.C. is incorrect, the rate shall be adjusted accordingly. Approved adjustments will be applied prospectively except that reimbursement for overcharges paid by the property owner will be
made by the City for the year during which the adjustment is requested and for the prior year.
EC. Any person aggrieved by a decision of the Director of Public Works and Utilities relating to a request
for a rate adjustment authorized by PAMC 13.63.110 may appeal the Director's decision to the City Manager within 30 days of the date of the Director's decision. The City Manager's decision shall be
final.
(Ord. 3367, § 2, 8/15/2009)
13.63.110 - Billing and payment.
Stormwater utility fees shall be billed annually by Clallam County on behalf of the City in conjunction with
the County's property tax bill. Discounts for low-income senior citizens and disabled citizens will be applied in accordance with Chapter 13.20 PAMC. Stormwater utility fees billed pursuant to this Section shall be due
and payable semiannually on the same dates each year that the County's property tax bill is due and payable and shall be delinquent if not paid by the due date. All delinquent accounts billed pursuant to this
section will be subject to penalty charges the same as those imposed for delinquent property taxes.
Page 9
(Ord. 3367, § 2, 8/15/2009)
13.63.120 - Remedies for failure to pay stormwater service fees.
A. Termination of water service. The Director of Public Works and Utilities or designee is authorized to terminate water service to any property owner, unless said water service is received by a residential
tenant, who fails to pay the stormwater utility service fees imposed by this chapter. Termination of such water service shall not limit other remedies available to the City.
B. Lien for delinquent charges—Interest. Pursuant to RCW 35.67.200 et seq. The City shall have a lien for delinquent and unpaid stormwater charges. A stormwater lien shall be effective for one year without
the necessity of any writing or recording of the lien with the County Auditor. Enforcement and foreclosure of any stormwater lien shall be in the manner provided by state law. Interest on the unpaid
balance shall be eight percent per annum or such rate as may hereafter be authorized by law.
C. Other remedies. The City shall have all other legally available remedies for enforcing and collecting
delinquent and unpaid stormwater charges.
(Ord. 3367, § 2, 8/15/2009)
13.63.130 - Non-stormwater, illegal discharges and dumping prohibited.
A. Except as provided in subsections B. and C. below, no person shall throw, drain or otherwise discharge, cause or allow others under it's control to throw, drain or otherwise discharge into the
stormwater system any materials other than stormwater.
B. The following discharges into the stormwater system are prohibited, unless the stated conditions are
met:
1. Discharges from potable water sources, including waterline flushing, hyperchlorinated waterline
flushing, fire hydrant system flushing and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH adjusted, if necessary (to meet water
quality standards), and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4.
2. Discharges from lawn watering and other irrigation runoff shall be minimized.
3. Dechlorinated swimming pool, spa and hot tub discharges. The discharges shall be dechlorinated
to a concentration of 0.1 ppm or less, pH adjusted and re-oxygenized, if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4 and the
property owner has obtained a stormwater discharge permit from the City. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool
cleaning waste water and filter backwash shall not be discharged to the MS4.
4. Street and sidewalk wash water, water used to control dust, and routine external building wash
down that does not use detergents. To avoid washing pollutants into the MS4, Permittee must minimize the amount of street wash and dust control water used. At active construction sites,
street sweeping must be performed prior to washing the street.
5. Other non-stormwater discharges. The discharges shall be in compliance with the requirements
of the stormwater pollution prevention plan reviewed by the City, which addresses such discharges.
6. Any discharges from a construction site. Discharges must be in conformance with the stormwater pollution prevention plan (SWPPP) reviewed by the permittee.
7. Combined sewer overflow (CSO) discharges. This discharge must be in conformance with a current National Pollution Discharge Elimination System Permit, approved by the Washington
State Department of Ecology.
Page 10
C. The following categories of non stormwater discharges are specifically allowed:
1. Diverted stream flows.
2. Rising ground waters.
3. Uncontaminated ground water infiltration (as defined at 40 CFR 35 2005(20)).
4. Uncontaminated pumped ground water.
5. Foundation drains.
6. Air conditioning condensation.
7. Irrigation water from agricultural sources that is commingled with urban stormwater.
8. Springs.
9. Uncontaminated Wwater from crawl space pumps.
10. Footing drains.
11. Flows from riparian habitats and wetlands.
12. Non-stormwater discharges covered by another NPDES or state waste discharge permit.
13. Discharges from emergency fire fighting activities in accordance with the City of Port Angeles'
Stormwater NPDES Permit Section S2 Authorized Discharges. The City's Stormwater NPDES Permit is available to view in the office of the City Engineer.
(Ord. 3367, § 2, 8/15/2009)
13.63.140 - Illicit connections and uses.
A. The stormwater system of the City of Port Angeles, natural and artificial, may only be used to convey stormwater runoff, and any discharge meeting the permit conditions within a current National Pollutant
Discharge Elimination System Permit, approved by the Washington State Department of Ecology.
B. Except as provided in the preceding paragraph, no person shall use this system, directly or indirectly,
to dispose of any solid or liquid matter other than stormwater. No person shall make or allow any connection to the stormwater system which could result in the discharge of polluting matter.
Connections to the stormwater system from the interiors of structures are prohibited. Connections to the stormwater system for any purpose other than to convey stormwater or groundwater are prohibited
and shall be eliminated.
(Ord. 3367, § 2, 8/15/2009)
13.63.150 - Stormwater discharge into sanitary sewer system prohibited.
A. No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process
waters into any sanitary sewer, unless otherwise approved by the Director based on lack of feasible alternatives or unless the discharge meets the condition outlined in 13.63.140(A).
B. No person shall make connection of roof downspouts, exterior foundation drains, area drains, or other sources of stormwater surface runoff or groundwater to a building sewer or building drain which in turn
is connected directly or indirectly to a public sanitary sewer, unless such connection is otherwise approved in writing by the Director based on lack of feasible alternatives or other appropriate factors.
(Ord. 3367, § 2, 8/15/2009)
Page 11
13.63.160 - Unpolluted stormwater discharge shall have approved outlet.
A. Stormwater shall be discharged to such sewers as are specifically designated as combined sewers or
storm sewers, or to a natural outlet approved by the Director.
B. Storm drainage from hard-surfaced or graded areas, such as parking lots, service station yards, and
storage yards, shall enter the public storm sewer system or other outlet approved by the Director and as required by this chapter and as such facilities are available. Such storm drainage shall not be
connected to or allowed to enter a sanitary sewer, unless otherwise approved in writing by the Director based on lack of feasible alternatives or other appropriate factors.
(Ord. 3367, § 2, 8/15/2009)
13.63.170 - Review by Department of Community and Economic Development.
Any proposed site development activities shall be reviewed by the City of Port Angeles Department of Community and Economic Development to determine the permits required.
(Ord. 3367, § 2, 8/15/2009)
13.63.180 - Stormwater permitting discharge permits.
Stormwater discharge permits, issued by the City of Port Angeles Department of Public Works and Utilities,
shall be required for any of the following activities:
A. Draining water from a chlorinated water source such as a swimming pool or hot tub.
B. Car washing which is not permitted as a commercial or industrial use, and which drains directly or indirectly to the City's stormwater system.
C. Building and sidewalk washing
CD. All new development or redevelopment which does not require a building permit or clearing and
grading permit, but which discharges stormwater either directly or indirectly to the City's stormwater system. Building and clearing and grading permits shall apply all standards and
requirements established in the City’s Urban Service Standards and Guidelines Manual, by City ordinances, and the Department of Ecology’s SWMMWW (2014). Stormwater inspection and storm drain connections fees shall be charged on the building permit or clearing and grading
permit.
(Ord. 3367, § 2, 8/15/2009)
13.63.190 - Stormwater design and construction requirements.
A. All site development activities shall comply with the standards, specifications and requirements contained in the City of Port Angeles' Urban Services Standards and Guidelines.
B. For all site developments that disturb one acre or more, the City adopts and requires the use of the minimum requirements, thresholds and definitions defined in Appendix 1 of the City of Port Angeles'
Western Washington Phase II Municipal Stormwater Permit.
C. For all site developments that disturb one acre or more or which require a stormwater treatment, flow
control, or on-site stormwater management low impact development (LID) BMP/facility, the City adopts and requires the use of Chapters 2, 3 and 4, Volume I, and Appendices 1-C, 1-D and 1-E, Volume I,
Chapters 3 and 4, Volume II;, the entirety of Volume III;, the entirety of Volume IV, and the entirety of
Page 12
Volume V of the Department of Ecology's 20052014 Stormwater Management Manual for Western Washington (SWMMWW [2014]), or most recent update.
D. Low impact development (LID) facilities are encouraged to improve water quality and aesthetics, as well as to reduce the size and cost of flow control and treatment facilities. LID facilities proposed in
any site development shall be designed in accordance with the 2005 Low Impact Development Technical Guidance Manual for Puget Sound Department of Ecology’s SWMMWW (2014) and shall
take into account site and soil conditions, access and long term maintenance.
E. Stormwater site plans and permanent stormwater control plans in accordance with Chapters 3 and 4
of Volume I of the Department of Ecology's 2005 Stormwater Management Manual for Western Washington (SWMMWW [2014]) are required and will be reviewed by the City for all site development
activities that disturb one acre or more.
F. Adjustments to the minimum requirements may be granted by the City provided that a written finding
of fact is prepared which addresses the following issues:
1. The adjustment provides substantially equivalent environmental protection.
2. Based on sound engineering practices, the objectives of safety, function, environmental protection and facility maintenance are met.
G. Exceptions to the minimum requirements may be granted by the City following legal public notice of an application for an exception, legal public notice of the City's decision on the application, and written
findings of fact that document the City's determination to grant an exception.
The City may grant an exception to the minimum requirements if such application imposes a severe and
unexpected economic hardship. To determine whether the application imposes a severe and unexpected economic hardship on the project applicant, the exception applicant must consider and document with
written findings of fact the following:
1. The current (pre-project) use of the site, and
2. How the application of the minimum requirement(s) restricts the proposed use of the site compared to the restrictions that existed prior to the adoption of the minimum requirements; and
3. The possible remaining uses of the site if the exception were not granted; and
4. The uses of the site that would have been allowed prior to the adoption of the minimum
requirements; and
5. A comparison of the estimated amount and percentage of value loss as a result of the minimum
requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the minimum requirements; and
6. The feasibility for the owner to alter the project to apply the minimum requirements. In addition, any exception must meet the following criteria:
a. The exception will not increase risk to the public health and welfare, nor be injurious to other properties in the vicinity or downstream of the project, or injurious to the quality of waters of
the state; and
b. The exception is the least possible exception that could be granted to comply with the intent
of the minimum requirements.
H. The Council shall establish fees for stormwater related inspections. Inspection fees shall be detailed
in the PAMC 3.70.110.
H. Beneficial use of roof runoff harvested for non-potable uses is allowed as expressly permitted and
conditioned by the Director.
(Ord. 3367, § 2, 8/15/2009)
Page 13
13.63.200 - Professional Engineer—When required.
Site development activities shall require the submittal of documents prepared by a qualified professional
engineer or under the direction of a licensed engineer when one of the following conditions exists:
A. Any land use or building or development on real property which disturbs one acre or greater
involves the construction of structural source control BMPs or drainage conveyance systems;
B. Any land use or building or development on real property which requires a flow control, or
treatment or LID facility;
C. Any land use of building development on real property that involves engineering calculations as
part of a Construction Stormwater Pollution Prevention Plan (SWPPP);
D. Any improvements within the boundaries of the City of Port Angeles right-of-way for which the City will ultimately assume responsibility for maintenance; or
Any site development activity that the Director deems to be in the public's best interest to require that
certain site development activity permit application submittal documents be prepared by a professional civil licensed engineer.
(Ord. 3367, § 2, 8/15/2009)
13.63.210 - Off-site analysis.
All site development activities that discharge stormwater off site which adds 5,000 square feet disturb one acre or more of new or replaced impervious surface, or that convert three-quarters of an acre of pervious
surfaces to lawn or landscaped areas, or that convert 2.5 acres or more forested area to pasture shall include, along with other required submittal documents, an off site off-site drainage analysis as described
in the City's Urban Services Standards and Guidelines Manual. The off site off-site analysis shall be prepared by a qualified professional engineer and based on a field investigation of the development's off
site off-site contributing and receiving drainage areas.
(Ord. 3367, § 2, 8/15/2009)
13.63.220 - Geotechnical analysis.
All site development activities where grading or the construction of retention facilities, detention facilities,
dispersion facilities, infiltration BMPs/facilities or other stormwater facilities are proposed on slopes greater
than 15 percent, within 200 feet of slopes steeper than 30 percent, near a landslide area, near an environmentally sensitive area, or where the Director deems that the proposed construction poses a
potential hazard due to its proximity to a slope, shall, when required by the Director, include a geotechnical analysis, prepared by a qualified engineer. The geotechnical analysis shall address the effects of groundwater interception and infiltration, seepage, potential slip planes and changes in soil bearing strength.
(Ord. 3367, § 2, 8/15/2009)
13.63.230 - Soils analysis.
All site development activities where infiltration BMPs/facilities (including infiltration basins, trenches, ponds, bioretention, permeable pavement, rain gardens, and downspout infiltration BMPs) are proposed
or where the soils underlying the proposed project have not been mapped, or where existing soils maps of the project site are inconsistent, or where the Director deems that existing soils maps of the project site
Page 14
are not of sufficient resolution to allow proper engineering analysis, shall include a soils investigation report, by a qualified professional. Exemptions may be granted for rain garden retrofit projects.
(Ord. 3367, § 2, 8/15/2009)
13.63.240 - Permit modifications.
Proposed modifications to an approved permit must be submitted to the Department of Community and
Economic Development and be reviewed for compliance with this chapter. Substantial proposed modifications, as determined by the Director, shall require additional review fees and shall require re-
issuance of the required permit. Minor proposed modifications may be accepted by the Director without requiring the re-issuance of the accepted permit or the payment of additional review fees.
(Ord. 3367, § 2, 8/15/2009)
13.63.250 - Erosion and sedimentation control.
A. All final drainage, grading, clearing or other site development activities requiring acceptance from the
City of Port Angeles Department of Public Works and Utilities shall include a plan for the control of erosion and sedimentation as required in Chapter 6 of the City's Urban Service Standards and
Guidelines Manual and in Chapter 15.28 of the Port Angeles Municipal Code for the period beginning with the commencement of site development activity and continuing without interruption until
permanent site stabilization is achieved.
B. No clearing, grubbing, grading or other construction activity may take place on a project site until an
erosion and sedimentation control plan has been approved by the Department of Public Works and Utilities.
(Ord. 3367, § 2, 8/15/2009)
13.63.260 - Property owner responsible for stormwater system maintenance.
A. Any person or persons holding title to a property for which stormwater facilities and BMP's have been required by the City of Port Angeles shall be responsible for the continual operation, maintenance and
repair of the stormwater facilities and BMP's in accordance with the provisions of this chapter.
B. For privately maintained stormwater facilities, the maintenance requirements specified in the
Washington State Department of Ecology's 2005 Stormwater management Manual for Western Washington SWMMWW (2014), Chapter 4, Volume V, shall be enforced against required of the
owner(s) of the subject property served by the stormwater facility.
(Ord. 3367, § 2, 8/15/2009)
13.63.270 - Maintenance covenant required for privately maintained drainage facilities.
A. Prior to the beneficial use of a project constructed under a City building permit or a stormwater discharge permit, the owner shall record a maintenance covenant which guarantees the City of Port
Angeles that the stormwater facilities shall be properly operated, maintained and inspected. The restrictions set forth in such covenant shall be included in any instrument of conveyance of the subject
property and shall be recorded with the Clallam County Auditor.
Page 15
B. Maintenance covenants shall remain in force for the life of the development, or until the responsibility for the operation and maintenance of the subject stormwater facilities is accepted by the City of Port
Angeles.
C. Maintenance covenants shall include the maintenance standards specified by the Department of
Ecology's 2005 Stormwater Management Manual for Western Washington SWMMWW (2014), Chapter 4, Volume V, a list of maintenance activities and proposed inspection intervals for each
element of the private stormwater system, and a guarantee that any maintenance necessary for any element of the stormwater system will be performed to the standards specified by the Department of
Ecology's 2005 Stormwater Management Manual for Western Washington SWMMWW (2014), Chapter 4, Volume V and within the following schedule:
1. Within one year for wet pool facilities and retention/detention ponds;
2. Within six months for typical maintenance;
3. Within nine months for maintenance requiring re-vegetation;
4. Within two years for maintenance that requires capital construction of less than $25,000. 00.
D. After satisfactory completion of a stormwater treatment and/or flow control facility meeting Minimum Requirements #6 and/or #7 or final plat approval, a stormwater facility maintenance bond or other
surety acceptable to the City must be posted that warrants the satisfactory performance and maintenance of the stormwater facility for a period of two years. If the City assumes maintenance of
the facility, the stormwater facility maintenance bond shall be posted for a period of two years from the date the City assumes maintenance responsibilities.
(Ord. 3367, § 2, 8/15/2009)
13.63.280 - City inspections of privately maintained stormwater facilities.
A. The City is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of operating or maintaining the storm and surface water facilities, or to inspect or
investigate any condition relating to the stormwater utility; provided, that the City shall first obtain permission to enter from the owner or person responsible for such premises. If entry is refused, the
City shall have recourse to every remedy provided by law to secure entry. Notwithstanding the foregoing, whenever it appears to the City that conditions exist requiring immediate action to protect
the public health or safety, the City is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting, investigating or correcting such emergency
condition.
B. Alternatively, a private property owner can choose to hire, at the owner’s expense, a qualified third
party contractor to conduct stormwater system and facility inspections and submit the inspection results to the City. The contractor shall require pre-approval from the City.
(Ord. 3367, § 2, 8/15/2009)
13.63.290 - City acceptance of new stormwater facilities.
The City will accept for maintenance those new residential stormwater facilities constructed under an
approved City building permit or stormwater discharge permit that meet the following conditions:
A. Improvements in residential plats/PRD's have been completed on at least 80 percent of the lots,
unless waived by the Director; and
B. All drainage facilities have been inspected and accepted by the Director and said drainage
facilities have been in satisfactory operation for at least two years; and
Page 16
C. All drainage facilities reconstructed during the maintenance period have been accepted by the Director; and
D. The stormwater facility, as designed and constructed, conforms to the provisions of this chapter; and
E. All easements and tracts required under this chapter, entitling the City to properly operate and maintain the subject drainage facility, have been conveyed to the City of Port Angeles and have
been recorded with the Clallam County Auditor; and
F. For non-standard drainage facilities, an operation and maintenance manual, including a
maintenance schedule, has been submitted to and accepted by the City of Port Angeles;
G. A complete and accurate set of reproducible mylar as-built drawings have been provided to the
City of Port Angeles.
H. A maintenance fee will be assessed to cover the City's costs for maintenance of the stormwater
facilities for the life of the development. The fee will be determined based on the complexity and maintenance requirements of the system and the City's labor and equipment costs.
(Ord. 3367, § 2, 8/15/2009)
13.63.300 - City acceptance of existing stormwater facilities.
The City of Port Angeles will accept for maintenance those stormwater facilities for residential developments existing prior to the effective date of the ordinance codified in this chapter that meet the following conditions:
A. Improvements in residential plats/PUD's have been completed on at least 80 percent of the lots; and
B. An inspection by the Director has determined that the stormwater facilities are functioning as designed; and
C. The stormwater facilities have had at least two years of satisfactory operation and maintenance, unless otherwise waived by the Director; and
D. The person or persons holding title to the properties served by the stormwater facilities submit a petition containing the signatures of the title holders of more than 50 percent of the lots served by
the stormwater facilities requesting that the City maintain the stormwater facilities; and
E. All easements required under this chapter, entitling the City to properly operate and maintain the
subject stormwater facilities, have been conveyed to the City of Port Angeles and have been recorded with the Clallam County Auditor; and
F. The person or persons holding title to the properties served by the stormwater facilities shows proof of the correction of any defects in the drainage facilities, as required by the Director.
G. A maintenance fee will be assessed to cover the City's costs for maintenance of the stormwater facilities for the life of the development. The fee will be determined based on the complexity and
maintenance requirements of the system and the City's labor and equipment costs.
(Ord. 3367, § 2, 8/15/2009)
13.63.310 - Easements, tracts and covenants.
A. Drainage easements shall be provided in a proposed development for all stormwater conveyance systems that are not located in public rights-of-way or tracts. The drainage easements shall be granted
to the parties responsible for providing on-going maintenance of the systems.
B. Drainage easements through structures are not permitted.
Page 17
C. Stormwater facilities that are to be maintained by the City of Port Angeles, together with maintenance access roads to the facilities, shall be located in a public right-of-way, separate tract dedicated to the
City of Port Angeles, or drainage easement located in designated open space. The exception is for stormwater conveyance pipes that may be located within easements on private property, provided that
all catch basins can be accessed without entering private property.
D. All runoff from impervious surfaces, roof drains and yard drains shall be directed so as not to adversely
affect adjacent properties. Wording to this effect shall appear on the face of all final plats/PUD's, and shall be contained in any covenants required for a development.
(Ord. 3367, § 2, 8/15/2009)
13.63.320 - Extensions—When required.
A storm drain main extension may be required whenever there is the potential to service more than one residence or customer is provided service and either the property to be served does not abut a storm drain
main or the existing storm drain main is not adequate to provide the necessary service. Main extensions shall be extended to the far side (upstream) property line of the premises being served.
(Ord. 3367, § 2, 8/15/2009)
13.63.330 - Extensions—Application.
A. The person desiring a storm drain main extension shall apply to the Director requesting permission to
extend the City's storm system.
B. The Director shall review the application, and, if the requested extension is determined to be a proper
extension of the storm system, shall provide the petitioner with the design requirements for the extension.
C. If the requested main extension is determined to be an improper extension of the storm system, the application shall be denied.
(Ord. 3367, § 2, 8/15/2009)
13.63.340 - Extensions—Preparation of plans and specifications.
Upon receipt of the design requirements from the Department, the petitioner shall prepare plans and specifications for the extension to be prepared. All design and construction plans and specifications shall
be in accordance with this chapter and the City's Urban Services Standards and Guidelines Manual. The completed plans and specifications shall have a valid Washington State Professional Engineer's seal and
endorsement and shall be submitted to the Department for review and approval.
(Ord. 3367, § 2, 8/15/2009)
13.63.350 - Extensions—Inspection—Fee—Deposit required.
After approval of the plans and specifications, the Department shall provide the petitioner with an estimate of the construction inspection fee. A permit for construction will be issued after the inspection fees and
estimated main connection charges have been deposited with the City Treasurer. If the Director determines that the remaining funds are not adequate to provide necessary inspection for project completion, the
petitioner shall be notified of such and an estimate of additional inspection fee required will be provided. The additional fees shall be deposited with the City Treasurer prior to depletion of the funds on deposit.
Page 18
Any monies unexpended from the inspection deposit upon completion of the project shall be returned to the petitioner.
(Ord. 3367, § 2, 8/15/2009)
13.63.360 - Construction of main extensions.
A. Storm drain main extensions may be made by private contract, through local improvement district procedure, or by Department forces.
B. Any main extension built by parties other than the Department's forces shall be done by a licensed and bonded contractor of the State of Washington.
C. Extension by the Department's forces shall be at the expense of the person requesting construction of the main.
D. All main extensions must be in the City's frontage of the applicant's property and/or other public rights-of-way.
(Ord. 3367, § 2, 8/15/2009)
13.63.370 - Acceptance of main extensions.
A. The City reserves the right to reject any installation not inspected and approved by the Department.
B. Upon satisfactory completion of all required tests and acceptance of the main extension, the Department shall cause the extension to be connected to the City system. All costs incurred in such
connection(s), including overhead and administrative charges, shall be the responsibility of the petitioner. Any adjustment on the actual cost of installation because of variance between the estimate
and the actual cost shall be adjusted by refund upon completion of the job by the petitioner or by payment by the petitioner to the City of any additional expense above the estimate.
C. No storm drain main extension shall be put into service other than for test purposes by duly authorized personnel until the main extension has been accepted by the City and all fees and charges have been
paid.
(Ord. 3367, § 2, 8/15/2009)
13.63.380 - Extensions—Construction drawings.
A. Upon completion of a main extension, the petitioner shall provide the Department a reproducible mylar
drawing that accurately indicates the main extension and appurtenances as actually installed in plan and profile.
B. No main extension will be accepted until satisfactory "as built" drawings are provided.
(Ord. 3367, § 2, 8/15/2009)
13.63.390 - Main extensions deeded to City.
A. The permit holder shall provide the City with a deed of conveyance for all main extensions as a condition of acceptance of the main extension by the City.
B. The transfer of any main to the City shall be on the condition that the owner, district, company, constructor, or contributor shall transfer or provide for any necessary and proper franchise.
Page 19
(Ord. 3367, § 2, 8/15/2009)
13.63.400 - Violations of this chapter.
The construction or installation of any structure, the connection to a public storm drainage facility, the illicit or illegal discharge to a public storm drainage facility, violations of the construction site stormwater pollution
prevention plan, or the failure to operate and maintain a permitted stormwater facility which violate the provisions of this chapter shall be declared to be unlawful and a public nuisance and may be abated as
such through the use of civil penalties, stop-work orders, water service shut offs, education and outreach as well as any other remedies which are set forth in this chapter, including, but not limited to, revocation of
any permits. If the Director chooses to utilize Title 9 of this Code then a violation of any provision of this chapter shall constitute a Class II misdemeanor. Each violation shall constitute a separate infraction for
each and every day or portion thereof during which the violation is committed, continued or permitted. The choice of enforcement action taken and the severity of any penalty shall be based on the nature of the
violation, the damage or risk to the public or to public resources, and the response of the offender to less severe enforcement actions.
(Ord. 3367, § 2, 8/15/2009)
13.63.410 - Inspection.
A. Routine Inspections. The Director or his designee shall have access to any site for which a site
development activity permit has been issued pursuant to section 13.63.270 during regular business hours for the purpose of on-site review and to insure compliance with the terms of such permit. The
applicant for any such permit shall agree in writing, as a condition of issuance thereof, that such access shall be permitted for such purposes.
B. Inspection for cause. Whenever there is cause to believe that a violation of this title has been or is being committed, the director or his designee is authorized to inspect the project, and any part thereof
reasonably related to the violation, during regular business hours, and at any other time reasonable in the circumstances. The applicant for any site development activity permit under this chapter shall, as
a condition of issuance of such permit, agree in writing that such access to the project site, which inhibits the collection of information relevant to enforcement of the provisions of this chapter, shall be
grounds for issuance of a stop work order by the Director or his designee.
C. The Council shall establish fees for stormwater related inspections. Inspection fees shall be detailed
in the PAMC 3.70.110.
(Ord. 3367, § 2, 8/15/2009)
13.63.420 - Inspection procedures.
Prior to making any inspections, the Director or his assignee shall present identification credentials, state
the reason for the inspection and request entry.
A. If the property or any building or structure on the property is unoccupied, the Director or his
assignee shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.
B. If after reasonable effort, the Director or his assignee is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the
site or of the stormwater drainage system creates an imminent hazard to persons or property, the inspector may enter.
Page 20
(Ord. 3367, § 2, 8/15/2009)
13.63.430 - Test procedures.
In the event that water quality testing is utilized in determining whether a violation of this chapter has occurred, the water quality test procedures shall be followed as described in the most recent edition of the
Code of Federal Regulations, Part 136.
(Ord. 3367, § 2, 8/15/2009)
13.63.440 - Stop work orders.
Stop work order means a written notice, signed by the Director or his assignee, that is posted on the site of a construction activity, which order states that a violation of a City of Port Angeles ordinance has occurred
and that all construction-related activity, except for erosion and sedimentation control activities authorized by the Director, is to cease until further notice. The Director may cause a stop work order to be issued
whenever the Director has reason to believe that there is a violation of the terms of this section. The effect of such a stop work order shall be to require the immediate cessation of such work or activity until
authorization is given by the Director to proceed.
(Ord. 3367, § 2, 8/15/2009)
13.63.450 - Cumulative civil penalty.
Every person who violates this chapter, or the conditions of a building permit or stormwater discharge permit
plan, may shall be liable for a civil penalty. The penalty shall not be less than $100.00 or exceed $1,000.00 for each violation. This penalty shall be in addition to any other penalty provided by law. Each and every
such violation shall be a separate and distinct offense, and each day of continued or repeated violation shall constitute a separate violation.
(Ord. 3367, § 2, 8/15/2009)
13.63.460 - Aiding or abetting.
Any person who, through an act of commission or omission, aids or abets in the violation shall be considered
to have committed a violation for the purposes of the civil penalty.
(Ord. 3367, § 2, 8/15/2009)
13.63.470 - Order to maintain or repair.
The Director shall have the authority to issue to an owner or person an order to maintain or repair a
component of a stormwater facility or BMP to bring it in compliance with this section. The order shall include:
A. A description of the specific nature, extent and time of the violation and the damage or potential
damage that reasonably might occur;
B. A notice that the violation or the potential violation cease and desist and, in appropriate cases,
the specific corrective actions to be taken; and
C. A reasonable time to comply, depending on the circumstances.
Page 21
(Ord. 3367, § 2, 8/15/2009)
13.63.480 - Notice of violation—Assessment of penalty.
Whenever the Director has found that a violation of this section has occurred or is occurring, the Director is authorized to issue a notice of violation directed to the person or persons identified by the Director as the
violator.
A. The notice of violation shall contain:
1. The name and address of the property owner;
2. The street address, when available, or a legal description sufficient to identify the building,
structure, premises or land upon or within which the violation is occurring;
3. A statement of the nature of such violation(s);
4. A statement of the action that is required to be taken within 21 days from the date of service of the notice of violation, unless the Director has determined the violation to be hazardous
and to be requiring immediate corrective action, or unless the corrective action constitutes a temporary erosion control measure;
5. A statement that a cumulative civil penalty in the amount of not less than $100.00 and not exceeding $1,000.00 per day shall be assessed against the person to whom the notice of
violation is directed for each and every day following the date set for correction on which the violation continues; and
6. A statement that the Director's determination of violation may be appealed to the City Manager by filing written notice of appeal, in duplicate, with the City Manager's Office within
20 days of service of the notice of violation. The per diem civil penalty shall not accrue during the pendency of such administrative appeal unless the violation was determined by the
Director to be hazardous and to require immediate corrective action or was determined by the Director to constitute a temporary erosion control measure.
B. The notice of violation shall be served upon the person(s) to whom it is directed either personally or by complaint in superior court proceedings or by mailing a copy of the notice of violation by
certified mail.
(Ord. 3367, § 2, 8/15/2009)
13.63.490 - Appeal and disposition.
A notice of violation issued pursuant to this chapter shall have the following appeal options:
A. Within 30 days from the date of receipt of the notice of violation, the aggrieved person may make
application for relief from penalty to the Director. Such application shall contain any information relevant to the situation that the aggrieved party believes the Director should consider. The
Director may cancel, lower or affirm the penalty.
B. Within 15 days from the date of receipt of the Director's response to said application for relief from
penalty, the aggrieved party may have the appeal considered by the City Council at its next available regularly scheduled meeting date following the filing of the appeal. The City Council
shall issue their decision within 15 days of the completion of the hearing. The aggrieved party shall be notified by certified mail of the determination of the City Council.
(Ord. 3367, § 2, 8/15/2009)
Page 22
13.63.500 - Liability for costs of investigation.
Any person found to be in violation of this chapter shall be responsible for the costs of investigation by the
City. Such cost may include the analytical services of a certified laboratory.
(Ord. 3367, § 2, 8/15/2009)
13.63.510 - Collection of civil penalty.
The civil penalty constitutes a personal obligation of the person(s) to whom the notice of violation is directed.
Penalties imposed under this chapter shall become due and payable 30 days after receiving notice of penalty unless an appeal is filed. The City attorney, on behalf of the City, is authorized to collect the civil
penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the accrual of additional per diem penalties so long as the violation continues.
(Ord. 3367, § 2, 8/15/2009)
13.63.520 - Compromise settlement and disposition of suits.
The Director and the City Attorney are authorized to enter into negotiations with the parties or their legal
representatives named in a lawsuit for the collection of civil penalties to negotiate a settlement, compromise or otherwise dispose of a lawsuit when to do so will be in the best interest of the City, provided that a report
shall be submitted to the City Manager in any instance when a compromise settlement is negotiated.
(Ord. 3367, § 2, 8/15/2009)
13.63.530 - Hazards.
A. Whenever the Director determines that any existing construction site, erosion/sedimentation problem,
drainage facility, illicit discharge or illicit connection poses a hazard to public safety or substantially endangers property, or adversely affects the condition or capacity of the drainage facilities, or
adversely affects the safety and operation of City right-of-way, or violates State water pollution laws, the person to whom the permit was issued, or the person or persons holding title to the property within
which the construction site, erosion/sedimentation problem, drainage facility, illicit discharge or illicit connection is located, shall upon receipt of notice in writing from the Director, repair or otherwise
address the cause of the hazardous situation in conformance with the requirements of this chapter.
B. Should the Director have reasonable cause to believe that the situation is so adverse as to preclude
written notice, he may take the measures necessary to eliminate the hazardous situation, provided that he shall first make a reasonable effort to locate the owner before acting, in accordance with section
13.63.270. In such instances, the person or persons holding title to the subject property shall be obligated for the payment to the City of Port Angeles of all costs incurred by the City. If costs are
incurred and a bond pursuant to this chapter or other City requirement has been posted, the Director shall have the authority to collect against the bond to cover costs incurred.
(Ord. 3367 § 2, 8/15/2009)
Page 23
Title 14 - BUILDINGS AND CONSTRUCTION
CHAPTER 14.01 - CONSTRUCTION CODES
14.01.115 - Street Standards for lots without City street access.
Prior to issuance of certificates of occupancy or final inspection approval for building permits for lots or
parcels without established City street access, street access improvements shall be accomplished in accordance with this section.
A. NO CURRENT ACCESS TO LOTS (five or more dwelling units per block). Where there is no current street access, the street that will provide access to, and front, the lots or parcels being
developed shall be improved to the minimum City street improvement standards, as set forth in Chapter 16.08 PAMC,. Preferred access improvements shall be permeable pavement road and
sidewalk to City Standards, if feasible. These requirements apply in the following circumstances:
1. The development consists of five dwelling units or more within an area fronting on City street
right-of-way 500 feet in length or less;
2. The lots or parcels being developed are under common ownership or are part of the same
development scheme as determined by the City Planning Director and are being developed within a period of 24 months or less.
B. NO CURRENT ACCESS TO LOTS (less than five dwelling units per block). Where there is no current street access, the street that will provide access to, and front, the lots or parcels being
developed shall be improved as permeable pavement road and sidewalk to City Standards, if feasible. Otherwise, access improvements shall be a gravel access road to the standard
approved by the City Engineer,. These requirements apply in the following circumstances:
1. The development consists of four dwelling units or less;
2. A consent and non-protest LID Local Improvement District agreement is entered into to provide full street improvements, as set forth in 16.08 PAMC, for the block within which the
development occurs.
C. CURRENT GRAVEL ACCESS. Where there is currently City maintained gravel or bituminous
surfacing access as of the effective date of this ordinance as shown on Exhibit A, a consent and non-protest LID Local Improvement District agreement shall be entered into to provide full street
improvements, as set forth in Chapter 16.08 PAMC, for the block within which the development occurs.
D. NO CURRENT GRAVEL ACCESS FOR SINGLE FAMILY RESIDENCES. Where there is no current gravel access for a single lot being developed for a single family residence independent
of any other development, a consent and non-protest LID agreement shall be entered into to provide an gravel access road to the standard approved by the City Engineer for the block within
which the development occurs. Preferred access improvements shall be permeable pavement road and sidewalk to City Standards, if feasible. Otherwise, provide gravel access per City
Standards.
(Ord. 2768, 7/30/1993)
14.40.020 - Definitions.
A. The following terms shall have the designated meanings for the purposes of this Chapter, unless the context indicates otherwise:
Page 1
1. "Standard-car parking space" means 153144.5 square feet of parking lot area, eight feet six inches by 1817 feet minimum in size, having adequate access to a public street. No part of any
street right-of-way shall be considered part of any standard-car parking space.
2. "Loading space" means a space located adjacent to a building, and large enough in area so that
any truck or other vehicle loading or unloading at such building will not project into a street right-of-way.
3. "Floor area" means the leasable or habitable floor area or space in a dwelling or building, excluding bathrooms, toilet compartments, halls, closets, or corridors 44 inches in width or less,
and equipment and machinery rooms not used directly in the manufacture, production, storage or sale of goods or services maintenance and cleaning supply rooms of 50 square feet or less.
4. "Parking lot activity" means a non-permanent activity occurring in a parking lot, using spaces otherwise allocated for parking for purposes other than parking by clientele of the primary use of
the property.
5. "Shall" means the statement is mandatory and ministerial, and the action so stated is required to
be done without discretion by decision-makers.
6. "Should" means the statement ought to be done, but the action so stated is not required to be
done by decision-makers who may use discretion where exceptions are warranted.
7. "Transportation demand management assessment" means an analysis of public access to a
specific site for land use activities permitted under the Port Angeles Municipal Code and a City approved plan (including multi-modal services, public infrastructure improvements, and parking)
that is sufficient to mitigate significant adverse impacts on surrounding private properties and public transportation facilities, consistent with the City's Comprehensive Plan and Urban Services
Standards and Guidelines. The assessment may be done by the applicant or by an expert transportation professional when the applicant prefers or when determined to be necessary by
the Community Development Director.
B. All other terms used in this chapter shall have the meaning given to them by Ordinance 1709, as now
enacted, or hereafter amended, unless the context indicates otherwise.
(Ord. 3161 § 1 (part), 4/30/2004; Ord. 2787 § 1, 12/28/1993; Ord. 2568 § 1, 3/14/1990; Ord. 2228 § 1, 8/31/1982; Ord. 1588 § 1, 6/15/1966)
14.40.030 - Parking space requirements—Generally.
For all land uses there shall be established and maintained permanent off-street parking spaces, either on
the zoning lot of the use, or, if the affected property owners and the Community Development Director agree through the execution of an appropriate agreement and easement in a form acceptable to the City
Attorney and if appropriate identification signage is provided, within 200 feet of the property boundaries (excluding public streets and alleys) of the zoning lot. The required number of parking spaces shall be
determined as follows:
A. The number of required spaces shall be determined either by reference to the number of required
parking spaces per Table A or by using one of the alternate methods in subsection C. of this section.
B. If applicable, Sections 14.40.080 through 14.40.110 shall then be used to determine whether the number of spaces required by subsection A. of this section is modified.
C. If Table A of subsection A. of this section is not used to determined the number of required parking spaces, one of the following alternate methods of determining the required parking for a particular
development shall be used:
Page 2
1. Determine the number of parking spaces required by a parking plan approved by the Planning Commission based on the number of employees and customers on-site during the
peak hours of operation taking into consideration duration of parking use (i.e., turnover rate) and any reduction in single occupant vehicles due to a transportation demand management
assessment prepared per Section 14.40.030.C.2.; or
2. Prepare a transportation demand management assessment that meets the approval of the
Planning Commission per Section 14.40.050; or
3. Obtain Planning Commission approval of a parking variance per Section 14.40.130.
D. If the following criteria are satisfied, then the parking requirements of Table A of subsection A. above may be reduced accordingly.
1. Parking requirements may be reduced in direct ratio for each percentage point of access provided by nonsingle occupant vehicle.
2. Parking requirements may be reduced by ten percent if a bus stop or other mass transit facility is located within 500 feet of the project site.
3. Parking requirements may be reduced in direct ratio for each percentage point of parking provided by cooperative parking agreement per Section 14.40.080.
4. Parking requirements may be reduced by twenty-five percent to allow for incorporation of LID facilities into the parking lot design.
E. The parking area shall comply with landscaping requirements for parking lots in accordance with PAMC Title 17.
(Ord. 3161 § 1 (part), 4/30/2004; Ord. 3135 § 1, 2/24/2003; Ord. 2787 § 2, 12/28/1993; Ord.
2703 § 1, 8/14/1992; Ord. 2228 § 2, 8/31/1982; Ord. 1588 § 2, 6/15/1966)
14.40.120 - Improvement of parking spaces.
A. Any parking spaces provided to comply with the terms of this chapter, other than for single family detached residences, shall be improved in accordance with the following requirements:
1. They shall meet the requirements of the clearing, grading, filling and drainage regulations set forth in Chapter 15.28 PAMC.
2. They shall be graded and paved with a hard-surface pavement of permeable pavement with a structurally adequate base, portland cement concrete, asphaltic concrete with a structurally
adequate base, or other hard-surface pavement acceptable to the Director of Public Works and Utilities. Pervious concrete shall be the preferred surface, if feasible. All parking spaces shall be
clearly and permanently striped in conformance with Public Works parking lot design standards. Wheel stops shall be installed where necessary to prevent encroachment upon public rights-of-
way and adjacent trees, landscaped areas, or low impact development facilities. The Director of Public Works and Utilities may allow for an exception to hard-surface pavement for developments
in the Industrial Heavy Zone, provided that adverse impacts to stormwater drainage, surrounding properties, and public infrastructure are mitigated to the extent the Director deems reasonably
necessary and appropriate.
3. They shall be accessible, at all times, from street, alley or driveway intended to serve such off-
street parking.
4. Improvements of parking spaces shall meet the Americans with Disabilities Act standards.
B. The City may grant permission for temporary occupancy of a building or structure even though the parking spaces required by subsection A. of this section have not been fully completed, provided that
an improvement bond acceptable as to form and amount by the City Engineer and the City Attorney is posted in the amount of the estimated value of the construction of the parking facilities. Before granting
Page 3
such temporary occupancy, the Director of Public Works and Utilities must determine that construction of the parking facilities prior to occupancy of the building would not represent sound construction
practice, due to weather conditions, availability of materials and/or difficult site conditions, and the acceptance of such bond is therefore appropriate. Improvement bonds may be accepted for a period
not to exceed 12 months. During the period before final completion of the improvements, the parking facilities provided shall at least be graded and graveled and be maintained in a good condition.
C. Uses requiring six or fewer spaces may occupy a building or zoning lot for up to 12 months before compliance with subsection A.2. of this section, provided the parking facilities shall at least be graded
and graveled and be maintained in a good condition. At the end of the 12-month period, the parking facilities must be in compliance with subsection A.2. of this section, or a bond must have been provided
and accepted in accordance with subsection B. of this section.
(Ord. 3161 § 1 (part), 4/30/2004; Ord. 3135 § 2, 2/14/2003; Ord. 2787 § 6, 12/28/1993; Ord. 2740 § 2, 1/29/1993; Ord. 2228 § 15, 8/31/1982)
PARKING REQUIREMENT TABLE "A"
LAND USE PARKING SPACE REQUIREMENT
Automobile Services
Automobile service and repair shops Three parking spaces plus one for each mechanical bay
Automobile sales dealerships Two per employee
Gas stations with convenience stores
One parking space for each employee with a minimum of
six parking spaces. Drive aisles must accommodate two
cars per pump.
Commercial Activities
Banks, professional and business offices One parking space for each 400 square feet of floor area
Bowling alleys Six Two and one half (2.5) parking spaces (minimum) to
four (4) parking spaces (maximum) for each alley
Furniture/appliance stores and laundries One parking space for each 600 square feet of floor area
Night clubs and lounges One parking space for each 50 square feet of floor area
Retail stores One parking space for each 300 square feet of floor area
Page 4
Skating rinks and other commercial
recreational places One parking space for each 200 square feet of floor area
Theaters One parking space for each three seats
Music, dance, art, and other academies Eight parking spaces for each classroom
Food Service Activities
Food/grocery stores One parking space for each 300 square feet of floor area
Restaurants, taverns, and any other
establishments for the sale and
consumption of food, alcoholic
beverages, or refreshments
One parking space for each 125 square feet of floor area of
the building
Food and beverage establishments that
do not have on-site seating
One parking space for each employee and three per drive-
up window
Personal Services
Barber, beauty shops, tanning salons,
physical therapy, and similar services
Two parking spaces per station (office area at one for each
400 square feet)
Day care centers
Two parking spaces plus one unloading space for those
centers serving 12 or fewer children; One parking space per
employee plus two parking spaces for unloading for centers
of more than 12 children
Laundromats One parking space per washing machine
Medical Services
Medical and dental offices
Six parking spaces per doctor. When licensed practitioners
are working in the medical office along with the doctor(s),
two additional parking spaces are required for each
independent practitioner/service provider.
Hospitals As determined by the Planning Commission
Page 5
Research, dental, x-ray laboratories One parking space for each 200 square feet of floor area
Residential and Lodging Uses
Residential dwelling units Two parking spaces per dwelling unit
Rooming and lodging uses One parking space for each sleeping unit
Nursing and convalescent homes, assisted
living facilities, adult family homes, group
homes, sanitariums
One parking space for each three beds
Public and Institutional Uses
Libraries *One parking space for each 400 feet of floor area
Museums One parking space for each 300 feet of floor area
Schools:
Junior colleges and technical schools
Elementary schools
Middle schools
Preschools
Senior high schools
As determined by the Planning Commission
One parking space for each classroom
Three parking spaces for each classroom
Ten parking spaces for each classroom
Six parking spaces for each classroom
Social clubs, lodges, fraternal
organizations w/o fixed seating
One parking space for each 50 square feet of floor area of
the building
Areas of assembly without fixed seating
shall provide seating As determined by the Planning Commission
Churches, stadiums, sports areas, and
other such places of assembly with fixed
seating
One parking space for each three fixed seats
Senior centers One parking space for every 135 square feet of floor area
Industrial Uses
Page 6
Manufacturing uses One parking space for each three employees with a
minimum of ten spaces
Trucking and transportation terminals Minimum of ten spaces
Wholesale stores, warehouses, storage
buildings
One parking space for each two employees with a
minimum of ten parking spaces
Public and Quasi-Public Recreation Uses
Parks and playgrounds As determined by the Planning Commission
Public and private golf courses As determined by the Planning Commission
Swimming pools Ten parking spaces for each 1,000 square feet of pool
surface area
Unspecified Uses
If a use is not otherwise specifically mentioned in this section, the requirements for off-street parking
facilities shall be the same as the requirements for the most similar use listed herein as determined by
the Director of the Department of Community Development.
Mixed Uses
In the case of a mixture of uses on one lot or in one building, the total requirements for off-street
parking facilities shall be the sum of the requirements for the various uses computed separately.
Cooperative and Shared Parking Provisions
Parking facilities may be cooperatively used by different land uses when the times of the uses are not
simultaneous. Parking facilities may be shared when the times are not simultaneous through a parking
agreement with the property owners and when the parking is located no further than 500 feet from
the property requiring the parking.
(Ord. No. 3441, § 2, 11-15-2011)
Page 7
Title 15 - ENVIRONMENT
CHAPTER 15.08 - SHORELINE MANAGEMENT
CHAPTER 2 Environment Designation Provisions and Regulations
B. Environment Descriptions and Specific Development Standards.
1. High-Intensity Industrial (HI-I) Environment (Segments C, H and I).
a. Purpose. The purpose of the High-Intensity Industrial (HI-I) Environment is to provide for the
continued use and development of high-intensity water-oriented heavy and larger scale
industrial or port uses, with the potential to allow supporting uses. This designation is also intended to protect existing ecological functions and provide for restoration and public access
in appropriate locations and situations.
b. Designation Criteria. A High-Intensity Industrial Environment designation will be assigned to shorelands if they currently support or are planned for intensive industrial uses related to production and processing of materials, transportation or navigation.
c. Management Policies.
1. In regulating uses in the High-Intensity Industrial Environment, first priority should be
given to water-dependent industrial uses. Second priority should be given to water-related industrial uses. Non-water-oriented uses should not be allowed except for: 1)
as part of mixed-use developments that combine water-dependent and non-water-oriented uses; or 2) in existing developed areas in support of water-dependent uses.
Non-water-oriented uses may also be allowed in limited situations on sites where there is no direct access to a shoreline with navigable waters.
2. New development, redevelopment, and uses should include the protection and/or restoration of shoreline ecological functions, with particular emphasis on habitat for
priority species and environmental cleanup.
3. Visual and physical public access should be required as part of any development where
there is both a public benefit and no security or use conflicts, as provided for in SMP Chapter 3, section 8 - Public Access.
4. Pedestrian, bicycle and vehicular routes should be preserved and provided through these segments to public access points such as Ediz Hook, or to public access points
that may be developed within these segments.
5. Sign control regulations, appropriate development siting and screening, building bulk
and height restrictions and maintenance of visual buffers should be considered with development or redevelopment to improve the aesthetic quality of the shoreline.
6. Redevelopment including ecological restoration of substandard and degraded urban shoreline areas and removal of obsolete structures is encouraged. Such
redevelopment, which may occur through regulatory or capital improvement measures, should consider accommodation of future water-oriented uses.
7. LID techniques and BMPs shall be incorporated into the design of shoreline areas to improve, maintain, and rehabilitate shoreline conditions, where feasible.
2. High-Intensity Marine (HI-M) Environment (Segments E and J).
a. Purpose.
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The purpose of the High-Intensity Marine (H-I M) Environment is to provide for higher-intensity shoreline uses featuring a mix of water-oriented commercial, transportation,
recreation, industrial uses, boat building and repair, vessel berthing, marina facilities, the Coast Guard Base, and associated support facilities. Versus heavy industrial uses in the HI-
I designation, industrial uses in the HI-M designation are intended to be centered primarily on manufacturing, and the loading, storing, and transferring of cargo. This designation is
also intended to protect existing ecological functions and provide for restoration and public access in appropriate locations and situations.
The Coast Guard Base is located on lands considered to be a federal reserve, which has unique security and operational requirements.
b. Designation Criteria. A High-Intensity Marine Environment designation will be assigned to shorelands if they currently support or are suitable and planned for higher intensity water-
oriented uses related to commerce, industry, transportation (including recreational boating), or navigation. Shorelands with industrial facilities in this designation will include
manufacturing or industries of a less intense scale than those designated HI-I.
c. Management Policies.
1. In regulating uses in the High-Intensity Marine (HI-M) Environment, first priority should be given to water-dependent uses. Second priority should be given to water-related and
water-enjoyment uses. Non-water-oriented uses should not be allowed except for: 1) as part of mixed-use developments that combine water-dependent and non-water-
oriented uses such as a multi-use marina, or 2) existing developed areas supporting water-dependent uses. Non-water-oriented uses may also be allowed on sites where
there is no direct access to the shoreline.
2. New development and redevelopment should include ecological restoration, including
low impact development techniques and environmental cleanup of the shoreline, in accordance with state and federal requirements and the restoration plan accompanying
this SMP.
3. Visual and physical public access should be required as provided for in SMP Chapter
3, section 8 - Public Access. The U.S. Coast Guard Base is exempt from this requirement.
4. Sign control regulations, appropriate development siting and screening, building bulk and height restrictions, and maintenance of visual buffers should be considered with
development or redevelopment to improve the aesthetic quality of the shoreline and protect views from public properties and residences.
5. Public access should include identified points and routes for pedestrians, bicycles and vehicles.
6. Redevelopment including ecological restoration of substandard and degraded urban shoreline areas and removal of obsolete structures is encouraged. Such redevelopment
should consider accommodation of future water-oriented uses.
7. LID techniques and BMPs shall be incorporated into the design of shoreline areas to
improve, maintain, and rehabilitate shoreline conditions, where feasible.
87. Accessories important to the Coast Guard mission and operations should be allowed on the base. The City should work with the U.S. Coast Guard to explore opportunities
for ecological restoration.
3. High-Intensity Urban Uplands (HI-UU) Environment (Segments K, M and N).
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a. Purpose. The purpose of the High-Intensity Urban Uplands (HI-UU) Environment is to manage uses on sites within shoreline jurisdiction that are physically and functionally
separated from the shoreline by a public right-of-way or public property and do not have direct access to the water. Areas separated from the shoreline that are predominantly single
family residential are not included in this designation.
b. Designation Criteria. A High-Intensity Urban Uplands Environment designation will be
assigned to shorelands featuring or planned for a variety of uses that are physically and functionally separated from the shoreline by a public right-of-way or public property. Public
streets or portions of the streets separating the environment designations are included in the HI-UU Environment as described below. The HI-UU designation is a parallel designation that
has no physical connection to the water.
1. Segment K. Area south and east of the Valley Creek estuary, including the Marine Drive
and Front Street rights-of-way adjacent to the estuary. The centerline of Valley Street is the western boundary of the HI-UU Environment. The west edge of Cherry Street
(extended north) is the eastern boundary of the HI-UU Environment.
2. Segment M. Areas east of Lincoln Street to approximately the west edge of Vine Street
extended, excluding bluff areas.
3. Segment N. Privately owned parcels south of the Olympic Discovery/Waterfront Trail or
south of the top of the marine bluff, from the west edge of the Race Street right-of-way east to the east edge of shoreline jurisdiction on the hospital property.
c. Management Policies.
1. Uses in the High-Intensity Urban Uplands Environment should be limited to those that
do not conflict with water-oriented activities and public access on the shoreline.
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2. New development should not substantially diminish visual and physical public access.
3. Comfortable and attractive pedestrian, bicycle and vehicular routes should be provided
through shorelands with this designation to public access points by utilizing measures such as street and pathway improvements. Development should improve the aesthetic
qualities of shorelands in this environment and consider views from public properties and adjacent residences.
4. LID techniques and BMPs shall be incorporated into the design of shoreline areas to improve, maintain, and rehabilitate shoreline conditions, where feasible.
d. Environment-Specific Development Regulations.
Vegetation
Conservation Area Structure Setbacks
Maximum
Structure
Height
Segment K N/A N/A from the OHWM (see zoning code) 30 feet
Segment
M N/A N/A from the OHWM (see zoning code) 35 feet
Segment
N
50-foot marine bluff
buffer
15 feet from the landward edge of the 50-foot
marine bluff buffer 35 feet
Vegetation conservation areas (VCA) are areas along the shoreline in which vegetation contributing to the ecological function of shoreline areas is protected and/or restored. VCA's are typically measured from the shoreline in a width landward of and perpendicular to the OHWM; however, because the HI-UU shorelands are physically separated from the water,
VCA's are measured differently. The VCA in segment N reflects the 50-foot marine bluff
setback required by the critical areas provisions in Chapter 3.
Viewing towers or other public access points may be allowed on street ends or other publically owned sites. In Segment K, new development and redevelopment shall maintain
the City sidewalk with street trees along Marine Drive.
4. High-Intensity Mixed-Use (HI-MU) Environment (Segments L and O).
a. Purpose. The purpose of the High-Intensity Mixed-Use (HI-MU) Environment is to provide for a wide variety of urban uses and activities supporting vibrant shoreline areas as a key
component of Port Angeles' character and quality of life. This designation accommodates public access and water-oriented commercial, transportation, institutional, and recreational
uses while protecting existing ecological functions and restoring ecological functions in areas that have been previously degraded.
b. Designation Criteria. A High-Intensity Mixed-Use Environment designation will be assigned to shorelands on Port Angeles's downtown waterfront and the former Rayonier Mill site that
have the potential to support a variety of water-oriented uses related to commerce, transportation, navigation and recreation.
c. Management Policies.
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1. Development in the High-Intensity Mixed-Use Environment should be managed so that it enhances and maintains the shorelines for public access and a variety of urban uses.
Priority should be given to water-oriented uses.
2. All new development should provide public access or otherwise enhance the public's
enjoyment of the shoreline.
3. New development should protect and, where feasible, restore shoreline ecological
functions. Restoration should be emphasized on Ennis Creek in segment O, on creating habitat for priority species, and on environmental cleanup.
4. Visual access to the water and aesthetics should be considered in establishing height and bulk limits for new development.
5. Comfortable and attractive pedestrian, bicycle and vehicular routes should be provided to public access points.
6. Development in shoreline areas should be compatible with surrounding uses, the level of infrastructure and services available, and other comprehensive planning
considerations.
7. LID techniques and BMPs shall be incorporated into the design of shoreline areas to
improve, maintain, and rehabilitate shoreline conditions, where feasible.
5. Urban Conservancy-Low Intensity (UC-LI) Environment (Segments A and G).
a. Purpose. The purpose of the Urban Conservancy-Low Intensity (UC-LI) Environment is to protect and restore ecological functions, open spaces, and other sensitive lands while
allowing some low-intensity uses. This environment protects shoreline areas that include relatively intact or minimally degraded shoreline functions when compared to the rest of the
shoreline areas in the City.
b. Designation Criteria. An Urban Conservancy-Low Intensity Environment designation will be
assigned to shorelands that are designated Open Space in the City's Comprehensive Plan and are located along active drift cells, feeder bluffs, wetlands, or other areas that should
not be more intensively developed, and which retain important ecological functions even though partially developed.
c. Management Policies.
1. Uses in the Urban Conservancy-Low Intensity Environment should be limited to those
which do not substantially degrade ecological functions or the natural character of the shoreline area. Development and uses that would substantially degrade or permanently
deplete habitat or the physical or biological resources of the area should not be allowed.
2. Rehabilitation of existing degraded shoreline conditions, including habitat enhancement
and environmental cleanup, is a preferred action.
3. Activities or uses that that include significant shoreline vegetation removal, would cause
substantial erosion or sedimentation, or adversely affect wildlife or aquatic life should not be allowed.
4. LID techniques and BMPs shall be incorporated into the design of shoreline areas to improve, maintain, and rehabilitate shoreline conditions, where feasible.
6. Urban Conservancy-Recreation (UC-R) Environment (Segments D, F, K, M, N and P).
a. Purpose. The purpose of the Urban Conservancy-Recreation (UC-R) Environment is to
protect and restore ecological functions on sensitive lands in urban and developed settings and to provide public access and a variety of recreation and park uses. Restoration activities
are a preferred action in this designation.
b. Designation Criteria. An Urban Conservancy-Recreation Environment designation will be
assigned to shorelands that include public parks, designated trail corridors, and areas
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especially suited to public access and water-oriented recreation that is compatible with maintaining or restoring the ecological functions of the area. The UC-R designation is a
parallel designation waterward of a different designation in Segments F, K, M, N and P.
c. Management Policies.
1. Water-oriented recreational uses, public access and cultural or educational uses are preferred over non-water-oriented uses. Water-dependent recreational uses should be
given highest priority.
2. Commercial activities specifically supporting or catering to the public's use or enjoyment
of publicly accessible shorelines, such as food and beverage or boating concessions, may be allowed.
3. Water-dependent and water-enjoyment recreation facilities compatible with the protection of ecological functions, such as boating facilities, angling, wildlife viewing,
trails and swimming beaches, are preferred uses, provided significant ecological impacts to the shoreline are avoided or mitigated.
4. During development and redevelopment, efforts should be taken to restore ecological functions.
5. The continuity of trail systems, including the Olympic Discovery/Waterfront Trail, should be maintained. Improvements that provide greater access and safety along the trail
system are encouraged.
6. LID techniques and BMPs shall be incorporated into the design of shoreline areas to
improve, maintain, and rehabilitate shoreline conditions, where feasible.
7. Shoreline Residential (SR) Environment (Segments B, F, N and P).
a. Purpose. The purpose of the Shoreline Residential (SR) Environment is to allow residential development, uses and redevelopment while ensuring that existing ecological functions are
not diminished and avoiding foreseeable risk to residential structures from hazardous geological conditions.
b. Designation Criteria. A Shoreline Residential Environment designation will be assigned to shorelands that exist as single-family residential developments or are planned and platted
for residential development. The SR designation is a parallel designation, and with the exception of Segment B has no physical connection to the water.
c. Management Policies.
1. Development standards in the Shoreline Residential Environment should protect
shoreline ecological functions, taking into account the environmental limitations and sensitivity of the shoreline area, the level of infrastructure and services available, and
other comprehensive planning considerations.
2. Passive water-oriented recreational uses and public access should be allowed where
feasible and where they do not cause significant ecological impacts.
3. Standards for new residential use, development, and redevelopment should protect
human safety and ensure that new development will not require structural shoreline stabilization or flood protection during the projected lifetime of the development.
4. LID techniques and BMPs shall be incorporated into the design of shoreline areas to improve, maintain, and rehabilitate shoreline conditions, where feasible.
CHAPTER 3
General Policies and Regulations
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1. Generally Applicable Policies and Regulations. General policies and regulations are applicable to all uses in all shoreline environments that may occur along the City's shorelines. The "policies" listed in
this SMP will provide broad guidance and direction and will be used by the City in applying the "regulations." The provisions of this SMP shall be administered consistent with constitutional and legal
limitations.
a. Applicability. The following policies and regulations apply to all uses and development in all
shoreline environment designations.
b. Policies.
1. In order to encourage shoreline restoration, the City will implement Washington State House Bill 2199 Chapter 405, 2009 Laws, codified as RCW 90.58.580. The City may grant
appropriate relief from SMP provisions to applicable properties all along the City's shorelines, provided they meet the conditions of RCW 90.58.580 and the policies in this SMP.
2. In accordance with RCW 90.58.580, a Substantial Development Permit is not required for development on land that is brought under shoreline jurisdiction due to a shoreline
restoration project. However, projects are still required to comply with the regulations of this Master Program.
3. Projects taking place on lands that are brought into shoreline jurisdiction due to a shoreline restoration project that caused a landward shift of the OHWM may apply to the Shoreline
Administrator for relief from the SMP development standards and use regulations under the provisions of RCW 90.58.580. Any relief granted will be strictly in accordance with the limited
provisions of RCW 90.58.580, including the specific approval of the Department of Ecology.
4. Where there is an irreconcilable conflict between water-dependent shoreline uses or physical
public access and maintenance of views from adjacent properties, the water-dependent uses and physical public access should have priority, unless there is a compelling reason to the
contrary.
5. All adverse impacts to the shoreline should be avoided or, if that is not possible, minimized
to the extent feasible. Mitigation should be provided for any unavoidable impacts to ensure no net loss of ecological function.
c. Regulations.
1. Except when specifically exempted by statute, all proposed shoreline uses and development,
including those that do not require a shoreline permit, must conform to the Shoreline Management Act, Chapter 90.58 RCW, and to the policies and regulations of this SMP.
2. All proposed shoreline uses and development, including those that do not require a shoreline permit may be allowed only when consistent with the underlying City zoning, PAMC Title 17.
3. All new shoreline modifications must be in support of an allowable shoreline use that conforms to the provisions of this SMP.
4. Shoreline uses and modifications listed as "prohibited" shall not be authorized as a shoreline variance or shoreline conditional use permit.
5. Permit applicants shall submit management plans detailing application of pesticides, fertilizers and other chemicals as part of the permit application. Plans shall indicate the
pesticide to be used and assurance that use of the chemical is approved for the intended use and that the chemicals are applied per department of Agriculture or Department of
Ecology regulations. The Shoreline Administrator will require the use of best management practices for fertilizer application in order to protect water quality. The public must be notified
through announcements and on-site signage when chemicals are applied.
6. All shoreline uses and developments shall analyze the environmental impacts of the
proposal and include measures to mitigate environmental impacts not otherwise avoided or mitigated by compliance with the Master Program and other applicable regulations. Where
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required, the City will apply mitigation measures in the following sequence of steps listed in order of priority, with a. being top priority:
a. Avoiding the impact altogether by not taking a certain action or parts of an action;
b. Minimizing impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts;
c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
d. Reducing or eliminating the impact over time by preservation and maintenance
operations;
e. Compensating for the impact by replacing, enhancing, or providing substitute resources
or environments; and
f. Monitoring the impact and the compensation projects (from subsection e. above) and
taking appropriate corrective measures.
7. The City may allow fee payment in lieu of physical compensatory mitigation measures
provided:
a. There is an established program to restore ecological functions using those funds;
b. The funds are sufficient to provide mitigation so that there is no net loss of ecological function; and
c. There is a direct and demonstrated correlation between the impacted ecological functions and the restored functions that the fee will fund.
8. All shoreline development, uses and activities shall be located, designed, constructed and managed in a manner which:
a. Minimizes adverse impacts to surrounding land and water uses and is aesthetically compatible with other existing or planned uses in the affected area;
b. Avoids disturbance of and minimizes adverse impacts to fish and wildlife resources, including spawning, nesting, rearing and habitat areas and migratory routes;
c. Minimizes interference with natural shoreline processes such as water circulation and sediment transport and accretion;
d. Avoids adverse impacts to public health and safety;
e. Minimizes the need for shoreline defense and stabilization measures and flood
protection works, such as bulkheads, fill, levees, dikes, groins or substantial site regrades; and
f. Utilizes effective erosion control methods during both project construction and operation in accordance with Volume II – Construction Stormwater Pollution Prevention of the
Department of Ecology's SWMMWW (2014), or most recent update.
3. Critical Areas (General).
a. Applicability.
The following policies and regulations apply to all critical areas within shoreline jurisdiction, as
defined in the City of Port Angeles Environmentally Sensitive Areas Protection regulations (Title 15 PAMC). As outlined in Chapter 1, provisions in Title 15 pertaining specifically to fish and wildlife
habitat areas, locally unique features and geologically hazardous areas (PAMC Chapter 15.20), wetlands protection (PAMC Chapter 15.24), and flood damage prevention (PAMC Chapter 15.12)
shall be applicable along with regulations contained in this SMP. Modifications to the Environmentally Sensitive Area provisions in Title 15 PAMC as they apply in shoreline jurisdiction
are detailed below.
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The version of the City's Environmentally Sensitive Areas Protection regulations referenced in this document shall refer to those codified by Ordinances #2655 and #2656, dated November 29,
1991 and most recently amended by Ordinance #3367, dated September 15, 2009 (Appendix D).
b. Policies.
1. Protect unique, rare and fragile environments, including marine bluffs, stream ravines, wetlands and fish and wildlife habitat conservation areas, from impacts associated with
shoreline use and development.
2. Locate and design shoreline uses and development to minimize risks to people, property,
and critical areas associated with geologically hazardous areas and frequently flooded areas. Non-infiltrating LID techniques shall be incorporated into the design of shoreline areas
to minimize flooding in critical areas, where feasible.
3. Provide a level of protection to critical areas within shoreline jurisdiction that assures no net
loss of shoreline ecological functions necessary to sustain shoreline natural resources. To achieve this policy, the City has incorporated appropriate portions of its Environmentally
Sensitive Areas Protection regulations into this SMP by reference.
c. Regulations. Environmentally sensitive areas in shoreline jurisdiction are regulated by the Port
Angeles Environmentally Sensitive Areas Protection regulations, codified under Title 15 PAMC, which is herein incorporated into this SMP by reference, except as modified below:
1. If provisions of the Environmentally Sensitive Areas Protection regulations and other parts of the SMP conflict, the more specific regulation shall apply.
2. Provisions of the Environmentally Sensitive Areas Protection regulations that are not consistent with the Shoreline Management Act, Chapter 90.85 RCW, and supporting
Washington Administrative Code chapters shall not apply in shoreline jurisdiction. In particular:
a. Provisions of the Environmentally Sensitive Areas regulations that include a "reasonable use exception" shall not apply within shoreline jurisdiction. Specifically,
subsections 15.20.080.A.1, 3 and 6, and 15.24.070.E, PAMC, do not apply. Such requests shall require a shoreline variance.
b. Provisions of the Environmentally Sensitive Areas Protection regulations relating to variance procedures and criteria do not apply in shoreline jurisdiction. Variance
procedures and criteria have been established in this SMP, Chapter 7 section D and in Washington Administrative Code WAC 173-27-170(4).
c. Provisions of the Environmentally Sensitive Areas Protection provisions relating to nonconforming activities do not apply in shoreline jurisdiction, specifically section
15.24.090 PAMC. Nonconforming use and development provisions have been established in this SMP, Chapter 7 section F.
3. The provisions of the Environmentally Sensitive Areas Protection regulations do not extend the shoreline jurisdiction beyond the limits specified in this SMP. For regulations addressing
portions of critical areas and buffers that are outside the shoreline jurisdiction, see Environmentally Sensitive Areas Protection regulations, Chapters 15.20 and 15.24 PAMC.
9. Shorelines of Statewide Significance.
a. Applicability.
Within the City of Port Angeles' jurisdiction, all marine waters waterward of extreme low tide are shorelines of statewide significance.
Note that, while many of the policies relate to upland development and activities, they bear directly on aquatic and shoreline resources, including those below extreme low tide.
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b. Policies. In implementing the objectives of RCW 90.58.020 for shorelines of statewide significance, the City has and will continue to base decisions in preparing and administering this
SMP on the following policies in order of priority, 1. being the highest and 6. being lowest.
1. Recognize and protect the statewide interest over local interest.
a. Take into account state agencies' policies, programs and recommendations in developing and administering use regulations and in approving shoreline permits.
Solicit comments, opinions and advice from individuals with expertise in ecology and other scientific fields pertinent to shoreline management.
b. Maintain space for unique facilities of statewide importance, including institutional, industrial and navigational activities supporting the maritime economy.
2. Preserve the natural character of the shoreline.
a. Shoreline environments and use regulations should protect and restore the ecology and
environment of the shoreline.
b. Cleanup and redevelop areas where development already exists, in order to reduce
adverse impact on the environment and to accommodate future growth rather than allowing high intensity uses to extend into low-intensity use or underdeveloped areas.
c. Protect and restore habitats for State-listed "priority species."
d. Protect the natural characteristics of Ediz Hook. Where feasible, restore the shoreline
ecology while recognizing the need for shoreline stabilization on the shoreline facing the Strait and the accommodation of preferred uses such as public access.
3. Support actions that result in long-term benefits over short-term benefits.
a. In general, preserve resources and values of shorelines of statewide significance and
restrict or prohibit uses and development that would irretrievably damage shoreline resources.
b. Retain, to the extent possible, water-dependent industrial uses.
4. Protect the resources and ecology of the shoreline.
a. All shoreline uses and development should be managed to ensure no net loss of ecological functions and should avoid disturbance of wildlife resources, including
spawning, nesting, rearing and feeding habitats and migratory routes.
b. Protect and enhance natural erosion and sediment transport processes.
c. Take steps to remove from the harbor area contaminated sediments and other artificially placed materials, such as wood waste, abandoned structures, etc.
d. Manage the water area for maximum benefit and environmental quality.
e. Protect and restore estuarine and riparian habitats, especially at Ennis Creek.
f. Implement the recommendations of the Environmental Restoration Plan (Appendix D).
5. Increase public access to publicly owned areas of the shoreline.
a. Give priority to developing paths and trails to shoreline areas and linear access along the shorelines. New and replaced trail surfaces shall use permeable materials, where
feasible.
b. Maintain and enhance the Olympic Discovery/Waterfront Trail through Port Angeles.
c. Implement the public access recommendations of the 2011 Harbor Resources Management Plan (HRMP).
6. Increase public recreational opportunities on the shoreline.
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a. Plan for and encourage development of facilities for water-oriented recreational use of the shoreline areas including those along Ediz Hook, public parks and trails and along
the downtown waterfront.
b. Develop a park on publicly owned portions of the Oak Street site, which will augment
the downtown waterfront as a recreational resource of statewide importance.
c. Implement the recreational recommendations in the HRMP.
12. Vegetation Conservation.
a. Applicability.
The following provisions apply to any activity that results or has the potential to result in the removal of or impacts to shoreline vegetation, whether or not that activity requires a shoreline
permit or exemption. Such activities include but are not limited to clearing, grading, grubbing, pruning or removal of vegetation.
Provisions in this section generally outline vegetation protection and enhancement activities. Specific provisions for vegetation conservation in specific segments of the shoreline are
presented in Chapter 2.
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A "vegetation conservation area" (VCA) is an area within shoreline jurisdiction where vegetation, especially native vegetation, contributing to the ecological function of shoreline areas must be
protected and where it has been removed or destroyed, should be restored. VCA's are generally measured from the shoreline a specific width landward of and perpendicular to the shoreline.
A VCA is different than a setback or than an environmentally sensitive area buffer, although they may overlap. Setbacks are established to separate a building or structure from a specific feature,
which features in this SMP include the OHWM or the landward edge of a critical area buffer. Activities in setback areas have fewer restrictions and may allow landscaping or nonstructural
features such as roads or trails.
Environmentally sensitive area buffers are similar to vegetation conservation areas in that they
are intended to protect ecological functions. Buffers are intended to remain undisturbed and are typically treated as "no touch" areas. For environmentally sensitive areas in shoreline jurisdiction,
this intent must be balanced with the policy goals of the Shoreline Management Act giving preference for a shoreline location to water-oriented uses, activities and public access. Not all of
Port Angeles' shoreline areas are considered environmentally sensitive areas; where environmentally sensitive as defined in Chapter 6 exist in shoreline jurisdiction, the buffer has
often also been designated as a VCA. In some shoreline segments, no environmentally sensitive areas exist; in these cases there may not be a buffer but there may be a VCA.
As outlined in Chapter 2, if no VCA is assigned to a shoreline segment, uses or development on parcels with frontage on waters regulated by the SMP are still required to preserve existing native
vegetation within shoreline jurisdiction or the shoreline setback (as applicable) to the extent feasible and in accordance with the regulations and allowances in this section.
b. Policies.
1. Vegetation within the City shoreline areas should be enhanced over time to provide a greater
level of ecological functions, human safety, property protection and aesthetic value.
2. The removal of invasive or noxious weeds and replacement with native vegetation is
encouraged of all development activities. Removal of noxious or invasive weeds should be conducted using the least-impacting method feasible, with a preference given to manual
removal, or if that is not practical, using mechanical rather than chemical means.
3. New development, including clearing and grading, should minimize significant vegetation
removal in shoreline jurisdiction to the greatest extent feasible. Vegetation removal should be limited to the minimum necessary to accommodate the authorized use or development.
When vegetation removal cannot be avoided, it should be mitigated to ensure no net loss of shoreline ecological functions. When native tree canopy is removed, replacement trees may
be required in accordance with PAMC 11.13.050.
4. Selective pruning for view maintenance should comply with the standards of Chapters 15.20
and 15.24 PAMC, where applicable.
5. Ecological restoration should be considered as potential mitigation for impacts to shoreline
resources and values resulting from water dependent commercial and industrial development or non-water-oriented development.
CHAPTER 5
Shoreline Use Provisions
7. Recreational Development.
a. Applicability.
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Port Angeles' shoreline includes several attractions that make it a significant regional recreation resource. Recreational development includes public and commercial facilities for
activities such as hiking, photography, viewing, fishing/shellfishing, boating, swimming, bicycling, picnicking and playing. This section applies to both publicly and privately owned
shoreline facilities intended for use by the public or a private club, group, association or individual.
Commercial non-water-oriented recreation facilities, such as bowling alleys and fitness clubs, are addressed as commercial uses in this SMP.
b. Policies.
1. Local, state and federal recreation planning should be coordinated to satisfy
recreational needs. Shoreline recreational developments should be consistent with all locally adopted park, recreation, and open space plans, including the City of Port
Angeles Comprehensive Plan and the recreation component of the Harbor Resources Management Plan (most recent edition).
2. Recreational developments and plans should promote the conservation of the shoreline's natural character, ecological functions and processes, especially on Ediz
Hook and in the vicinity of creeks discharging into the harbor and/or strait.
3. A variety of compatible recreational experiences and activities should be encouraged
to satisfy diverse recreational needs.
4. Water-dependent recreational uses, such as angling, shellfishing, boating, and
swimming, should have priority over water-enjoyment uses, such as picnicking. Water enjoyment recreational uses should have priority over non-water-oriented recreational
uses. Non-water-oriented recreational uses such as field sports and golf should be prohibited in shoreline jurisdictions unless they are part of a mixed use recreational
facility.
5. Recreation facilities should be integrated and linked with linear systems, such as hiking
paths, bicycle paths, easements and scenic drives. Of special importance is the Olympic Discovery/Waterfront Trail. Safety improvements and recreational
enhancements to the Olympic Discovery/Waterfront Trail should be pursued as recommended in the Harbor Resources Management Plan. New and replaced path and
trail surfaces shall use permeable materials where feasible.
6. Opportunities to expand the public's ability to enjoy the shoreline should be pursued in
recreational uses and developments.
7. Opportunities for recreational scuba diving should be pursued where there is not a
conflict with existing activities, such as the U.S. Coast Guard Base. Artificial marine life habitats should be encouraged in order to provide increased aquatic life for recreational
observation. Such habitats should be constructed in areas of low habitat diversity, where predation of priority species is not an issue, to avoid migratory corridors and in
consultation with the Department of Fish and Wildlife and local tribes.
8. Improvements should be made to the City Pier and Hollywood Beach.
9. Recreational opportunities that are consistent with ecological restoration should be encouraged on Ediz Hook and on the Rayonier site (Segment O).
10. A wildlife viewing area near Marine Drive overlooking the lagoon at the base of Ediz Hook should be pursued.
11. Public access along the pipeline between Marine Drive and the shoreline west of Ediz Hook should be pursued. Security measures should be taken to prevent trespassing
into industrial areas.
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12. Opportunities for interpretive displays and activities highlighting the cultural, environmental, historical and economic aspects of the shoreline should be incorporated
into all public recreation facilities. The City, in coordination with state and federal resource agencies and local tribes, should develop a system of coordinated interpretive
displays.
13. Accessory structures to recreational facilities, such as restrooms, storage buildings,
access roads, and parking areas should be located outside of shoreline jurisdiction, when feasible.
9. Transportation.
a. Applicability.
Transportation facilities are those structures and developments that facilitate the movement of people, goods and services. They include roads and highways, bridges, bikeways, trails,
railways, airports (including seaplane facilities), ferry terminals, heliports, public transit facilities, and other related facilities. Parking facilities are considered separately from
transportation facilities (see Chapter 3).
The policies and regulations in this section pertain to new transportation uses or
development as well as to changes to or expansion of any existing transportation facilities.
Transportation access to Port Angeles's shorelines is important for emergency vehicle
access, the movement of freight and industrial materials, access to shoreline uses, waterfront sites, and to recreational and public access attractions.
The Harbor Resources Management Plan recommends circulation and access improvements to ensure adequate circulation on and to Port Angeles's shorelines. The
policies and regulations below are intended to support those improvements while protecting the shoreline ecology.
b. Policies.
1. Transportation planning in the shoreline jurisdiction should consider circulation systems
for pedestrian, bicycle, and public transportation as well as other modes. Circulation systems and projects should support existing and proposed shoreline uses that are
consistent with the SMP.
2. Pedestrian trails and bicycle paths should be encouraged in the shoreline jurisdiction
and should be constructed in a manner compatible with the natural character, resources, and ecology of the shoreline. New and replaced paths shall use permeable
materials where feasible. Roadway improvements should include provisions for bicycle and pedestrian movement.
3. When existing transportation corridors are abandoned, they should be reused for water-dependent use or public access.
4. The City should pursue the recommendations in the current edition of the Harbor Resource Management Plan and other City transportation plans to ensure adequate
access to shoreline areas, particularly freight access to water-oriented industrial uses.
5. All new and expanded transportation uses and development in the shoreline jurisdiction
should be consistent with the City's Comprehensive Plan and applicable capital improvement plans.
c. Regulations.
General.
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1. All new and expanded transportation uses and development in shoreline jurisdiction shall be consistent with adopted City plans.
2. All new and expanded transportation uses and development shall comply with the mitigation sequence outlined in section 1 of Chapter 3 of this SMP. New or expanded
transportation facilities that would result in significant ecological impacts shall not be allowed unless the development includes mitigation that ensures:
a. Significant short- and long-term risks to the shoreline ecology from the development are eliminated.
b. Long-term opportunities to increase the natural ecological functions and processes are not diminished.
3. The following regulation applies to shoreline road ends:
a. RCW 35.79.035 prohibits the City from vacating any City street or alley which abuts
a body of salt or fresh water unless the street or alley is not currently used or suitable for beach or water access, boat moorage or launching sites, or for a park,
viewpoint, recreation, educational, or other public purposes.
b. RCW 35.79.035 establishes legal procedures to vacate streets as outlined above.
4. Consult the Washington Department of Fish and Wildlife's Aquatic Habitat Guidelines documents when locating and designing transportation facilities.
Location:
5. New and expanded transportation facilities shall be located outside of the shoreline
jurisdiction, whenever feasible.
6. New and expanded transportation facilities shall be located and designed to prevent or
to minimize the need for shoreline stabilization and shoreline modifications. Transportation facilities that must cross water bodies and wetlands shall utilize
elevated, open pile, or pier structures whenever feasible. All bridges shall be constructed at an elevation that will allow the passage of debris and provide three feet
of freeboard above the 100-year flood level. Bridges and other transportation facilities shall not intrude into or over critical saltwater habitats except as allowed by Chapter 3.
7. Roads shall be located to minimize the need for routing surface waters into and through culverts. Culverts and similar devices shall be designed to accommodate 100-year
storm flows and to allow continuous fish passage. Culverts shall be located so as to avoid relocation of the stream channel.
Design/Construction/Maintenance:
8. In the design and construction of new and expanded transportation facilities, impervious
surfaces shall be minimized. Areas not paved shall be planted with self-sustaining vegetation in accordance with City standards. Such vegetation shall be maintained by
the agency or developer constructing or maintaining the road until fully established. Landscape design may provide opportunities to enjoy views of the water or other points
of interest.
9. New and expanded transportation facilities shall include provisions for pedestrian,
bicycle and public transportation where feasible and appropriate, as determined by the City's Shoreline Administrator utilizing the plans cited in this section. Transportation
projects shall support existing and proposed shoreline uses that are consistent with the SMP.
10. Transportation and primary utility facilities shall be required to make joint use of rights-of-way and to consolidate crossings of water bodies to the greatest extent feasible.
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11. Fill for new or expanded transportation facilities shall generally be prohibited in water bodies and wetlands. Fill may be permitted as a Conditional Use to support new or
expanded transportation facilities, only when:
a. All structural and upland alternatives have been proven infeasible;
b. The transportation facility is necessary to support uses consistent with this SMP; and
c. All unavoidable, adverse environmental impacts are mitigated.
12. New and expanded transportation facilities shall not diminish but may modify public
access to the shoreline.
13. Vegetated shoreline areas disturbed by construction or maintenance of transportation
facilities shall be replanted and stabilized with native vegetation immediately upon completion of the construction or maintenance activity. When native tree canopy is
removed, replacement trees may be required in accordance with PAMC 11.13.050. Replacement vegetation shall be maintained by the party responsible for maintenance
of the transportation facility or the property owner, as appropriate.
CHAPTER 6 Definitions
Stormwater. That portion of Runoff during and following precipitation and snowmelt events, including surface runoff, drainage or interflow. that does not normally percolate into the ground or evaporate but
flows via overland flow, interflow, channels, or pipes into a defined surface water channel or constructed infiltration facility.
Wetland or wetlands. Areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created
from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those
wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway. Wetlands may include those artificial wetlands intentionally created from non-
wetland areas created to mitigate the conversion of wetlands.
Wetland category. See Chapter 3, section 6.
Wetland delineation. Identification of a wetland boundary pursuant to subsection 15.24.040.C PAMC, and the most recent edition of the U.S. Army Corps of Engineers (2010) Regional Supplement to the Corps of
Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0). Wetland delineations are valid for five years; after such date the City shall determine whether a revision or
additional assessment is necessary.
Wetlands rating system. See Chapter 3, section 6.
Zoning. The system of land use and development regulations and related provisions Title 17 PAMC.
In addition, the definitions and concepts set forth in RCW 90.58.030, as amended, and implementing rules
shall also apply as used herein.
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CHAPTER 15.20 - ENVIRONMENTALLY SENSITIVE AREAS PROTECTION
15.20.070 - Development standards.
A. Streams. All areas falling within the corridors identified in the following subsection are subject to the requirements of this chapter.
1. Stream corridors. This subsection defines corridor dimensions for different classes of streams
and their tributaries as rated pursuant to WAC 222-16-020 and -030. All areas falling within a corridor are subject to review under this chapter unless excluded by the Director of Community and Economic Development. Dimensions are measured from the seasonal high water mark or
elevation of the stream or watercourse as follows:
Type 1 250 feet
Type 2 250 feet
Type 3 150 feet
Type 4 100 feet
Type 5 none
Should the stream be located within a ravine, the greater dimension of either the stream corridor,
or the ravine corridor, will be used to define areas subject to the requirements of this chapter.
2. Stream buffers. Any development or construction adjacent to a stream shall preserve a buffer
which is wide enough to maintain the natural hydraulic and fish and wildlife habitat functions of that stream. The following buffers of undisturbed native vegetation shall be provided for different classes of streams and their tributaries as rated pursuant to WAC 222-16-020 and -030.
Dimensions are measured from the ordinary high water mark or elevation of the stream or watercourse, or from the top of the bank or dike:
Type 1 100 feet
Type 2 100 feet
Type 3 75 feet
Type 4 50 feet
Type 5 none
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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 Director of Community and Economic Development may require either
additional native vegetation or increased buffer sizes when environmental information indicates the necessity for additional vegetation or greater buffers in order to achieve the purposes of this
chapter. In cases where additional buffers are not feasible, the Director of Community and Economic Development may require the applicant to undertake alternative on-site or off-site
mitigation measures, including but not limited to a financial contribution to projects or programs which seek to improve environmental quality within the same watershed.
B. Locally unique feature—Ravines, marine bluffs and beaches and associated coastal drift processes. All areas falling within the corridors identified in the following subsection are subject to the
requirements of this chapter.
1. Locally unique feature corridors: The following corridors, as measured from the top of ravines,
the top and toe of marine bluffs, and beaches, define areas subject to the requirements of this chapter, unless excluded by the Director of Community and Economic Development:
Ravines 200 feet;
Marine Bluffs 200 feet;
Beaches and Associated Coastal Drift
Processes Shoreline Management Jurisdiction
Should locally unique feature corridors also overlay stream corridors, the criteria of this section will be used.
2. Buffers. The following buffers of undisturbed vegetation shall be established from the top of ravines; the top and toe of marine bluffs and ravines:
Ravines 25 feet
Marine Bluffs 50 feet
Beaches and Associated Coastal
Drift
Processes
Per the City's Shoreline Master Program as adopted by PAMC
15.08.040
3. Undisturbed buffers adjoining both marine bluffs and beaches shall be sufficient to assure that
natural coastal drift processes will remain unimpaired.
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4. Buffer reduction. The buffer may be reduced when expert verification and environmental information demonstrate to the satisfaction of the Director of Community and Economic
Development that the proposed construction method will:
a. Not adversely impact the stability of ravine sidewalls and bluffs;
b. Not increase erosion and mass movement potential 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 Director of Community and Economic Development may require either additional native vegetation or increased buffer sizes when environmental information indicates
the necessity for additional vegetation or greater buffers in order to achieve the purposes of this chapter. In cases where additional buffers are not feasible, the Director of Community and
Economic Development may require the applicant to undertake alternative on-site or off-site mitigation measures, including but not limited to a substitute fee per subsection 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 Director of Community and
Economic Development 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.
b. Adversely affect significant fish and wildlife habitat areas.
c. Remove with appropriate and/or acceptable pruning practices by thinning more than 25% of
the live crown of a tree in over any five-year period. Pruning shall be in support of maintaining tree health and vigor and shall be in accordance with ANSI A300. Tree topping is not an
acceptable pruning practice.
d. Include felling, topping, or removal of trees.
The landowner shall replace any trees that are felled or topped in accordance with PAMC 11.13.050. with new trees at a ratio of two trees for each tree felled or topped (2:1) within one year in accordance
with an approved restoration plan. Tree species that are native and indigenous to the site and a minimum caliper of two inches shall be used.
15.20.080 - Development exceptions.
Exceptions to the development restrictions and standards set forth in sections 15.20.050 and 15.20.070
may be permitted by application to the Director of Community and Economic Development pursuant to the provisions of this section.
A. Reasonable use development exceptions in stream and locally unique feature corridors.
1. Development proposals. An applicant may propose a reasonable use development exception pursuant to the following decision criteria:
a. The proposal is limited to the minimum necessary to fulfill reasonable use of the
property, and there is no other reasonable alternative;
b. The proposal is compatible in design, scale, and use with other development or
potential development in the immediate vicinity of the subject property in the same zone classification and with similar site constraints;
c. The proposal utilizes to the maximum extent possible the best available construction, design, and development techniques which result in the least adverse impact on the
environmentally sensitive area or areas;
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d. The proposal incorporates all other development standards of section 15.20.070; and
e. The proposal is consistent with the purpose and intent of this chapter.
f. When the functions and values of the environmentally sensitive area will be disrupted, the applicant has prepared a mitigation plan per subsection I.3.
2. Minor additions to and modifications of existing structures. Existing structures or improvements that do not meet the requirements of this chapter may be remodeled,
reconstructed or replaced provided that the new construction does not further disturb an environmentally sensitive area.
3. Previously altered environmentally sensitive areas. If any portion of an environmentally sensitive area has been altered from its natural state, the applicant may propose to develop
within the altered area pursuant to the following decision criteria:
a. The environmentally sensitive area was lawfully altered in accordance with the
provisions of this chapter and any state and federal laws at the time the alteration occurred;
b. The previous alteration has significantly disrupted the natural functions and values of the environmentally sensitive area;
c. The new alteration does not further disrupt the natural functions and values of the environmentally sensitive area;
d. The proposal utilizes to the maximum extent possible the best available construction, design and development techniques which result in the least adverse impact on the
environmentally sensitive area;
e. The proposal incorporates all other development standards of section 15.20.070; and
f. The proposal is consistent with the purpose and intent of this chapter.
4. Vegetation management practices may allow the following:
a. Nondestructive pruning and trimming of vegetation for maintenance purposes. Tree topping is considered a destructive trimming practice;
b. Thinning of limbs of individual trees to provide for viewshed enhancement that will not harm tree health and vigor; or
c. Removal of nonnative vegetation and replacement with native vegetation; provided that increased erosion, landslide, or other adverse impacts to the environmentally sensitive
areas do not result.
5. If the Director of Community and Economic Development determines that a reasonable use
exception may be granted, the applicant shall sign a waiver indemnifying the City from any liability due to damages that could result from location of the development in or near an
environmentally sensitive area.
6. Alternatively, if the Director of Community and Economic Development determines that
application of these standards would deny all reasonable economic use of the property, the City may take the property for public use with just compensation being made.
D. Trails and trail-related facilities. Public and private trails and trail-related facilities, such as picnic tables, benches, interpretive centers and signs, and viewing platforms shall be allowed, but use
of impervious surface shall be minimized. Trails and trail-related facilities shall be avoided within stream channels. The Director of Community and Economic Development may approve such
trails and facilities only when he/she determines that there is no practicable or reasonable upland alternative. Trail planning, construction and maintenance shall adhere to the following additional
criteria:
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1. Trails and related facilities shall, to the extent feasible, be placed on existing levies, road grades, utility corridors, or any other previously disturbed areas;
2. Trails and related facilities shall be planned to minimize removal of trees, shrubs, snags and important wildlife habitat.; When native tree canopy is removed, replacement trees may be
required in accordance with PAMC 11.13.050.
3. Trail construction and maintenance shall follow the U.S. Forest Service "Trails Management
Handbook" (FSH 2309.18, June 1987October 2008) and "Standard Specifications for Construction of Trails" (EM-7720-1023, June 1984 September 1996) as may be amended,
or trail standards adopted by the City of Port Angeles;
4. Viewing platforms, interpretive centers, picnic areas, benches and access to them shall be
designed and located to minimize disturbance;
5. Trails and related facilities shall provide water quality protection measures to assure that
runoff from them does not directly discharge to wetlands or streams; and
6. Within buffers, trails and trail-related facilities shall be aligned and constructed to minimize
disturbance to stream functions and values;.
7. In areas where impervious paths and trails are used, permeable pavement shall be used
where feasible. All permeable trails must have a maintenance plan.
CHAPTER 15.24 - WETLANDS PROTECTION
15.24.050 - Regulated activities and allowed activities.
A. Regulated activities. A permit shall be obtained from local government prior to undertaking the
following activities in a regulated wetland or its buffer, unless authorized by subsection B. below:
1. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or
material of any kind;
2. The dumping, discharging, or filling with any material;
3. The draining, flooding, or disturbing of the water level or water table.
4. The driving of pilings;
5. The placing of obstructions;
6. The construction, reconstruction, demolition, or expansion of any structure;
7. The destruction or alteration of wetlands vegetation through clearing, harvesting, shading, intentional burning, or planting of vegetation that would alter the character of a regulated wetland,
provided that these activities are not part of a forest practice governed under Chapter 76.09 RCW and its rules; or
8. Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of wetlands water sources, including quantity, or the introduction of
pollutants. Stormwater discharges from stormwater facilities or structures may be allowed when they are in accordance with City of Port Angeles' stormwater plan. In accordance with Appendix
I-D of the Department of Ecology’s SWMMWW (2014), Tthe discharge shall not significantly increase or decrease the rate of flow and/or hydroperiod, nor decrease the water quality of the
wetland. Pre-treatment of surface water discharge through biofiltration or other best management practices (BMPs) shall be required. Bioretention cells and swales, and conversion of existing
drainage ditches to bioretention cells and swales within the outer 25 percent of a wetland buffer may be allowed if designed in accordance with Department of Ecology's SWMMWW (2014).
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15.24.070 - Standards for permit decisions.
5. When applicable the order of sequence for buffer reductions shall be as follows:
a. Use of buffer averaging maintaining 100 percent of the buffer area under the standard buffer requirement:
b. Reduction of the overall buffer area by no more than 25 percent of the area required under the standard buffer requirement;
c. Enhancement of existing degraded buffer area and replanting of the disturbed buffer area;
d. Use of LID BMPs and/or Iinfiltration of stormwater where soils permit;
e. Retention of existing native vegetation on other portions of the site in order to offset habitat
loss from buffer reduction.
7. Permitted uses in a wetland buffer zone: In addition to those activities allowed in regulated wetlands in this section, the following activities are allowed in wetland buffers without having to
meet the protection standards, or requirements for wetland studies or mitigation set forth in this section, provided that impacts to buffers are minimized and that disturbed areas are immediately restored.
a. In association with a single family residence only, the establishment and expansion of lawns,
landscaping, orchards, gardens, and fences, provided that:
i. Lawns, landscaping, orchards, and gardens shall be are only allowed within the outer
25 percent of the buffer width where no reasonable alternative is available other area within a property is available to accommodate these land uses. Native vegetation shall be protected within wetland buffers to the maximum extent practicable. No structure
other than fences nor any impervious surface shall be included in the above. No
pesticides, herbicides or fertilizers may be used in wetland buffers; and
ii. Fences shall be designed to allow the unimpeded passage of surface water beneath
them.
b. Activities having minimal adverse impacts on buffers and no adverse impacts on regulated wetlands may be allowed. These include low intensity, passive recreational activities such as pervious trails, nonpermanent wildlife watching blinds, and scientific or educational
activities. Trails within buffers shall be designed to minimize impacts to the wetland, and shall not include any impervious surfaces wildlife viewing and hiking.
c. Within the buffers of Category III and IV wetlands only, vegetation-lined swales and LID BMPs designed for stormwater management or conveyance when topographic restraints determine there are no other upland alternative location. Swales, LID BMPs, and any
stormwater discharges from the swales/BMPs used for detention purposes may only be
placed in the outer 25 percent of the buffer. Conveyance swales may be placed through the buffer, if necessary must also protect wetland functions in accordance with Appendix I-D of
the Department of Ecology’s SWMMWW (2014).
8. Building and impervious surface setback lines: A building or impervious surface setback line of 15 feet is required from the edge of any wetland buffer. Minor structural intrusions into the area of the building setback may be allowed if the Director of Community and Economic Development
determines that such intrusions will not negatively impact the wetland. The setback shall be identified on a site plan which is filed as an attachment to the notice on title required by subsection
15.24.060.C.6.
CHAPTER 15.28 - CLEARING, GRADING, FILLING, AND DRAINAGE REGULATIONS
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15.28.030 - Clearing and grading permit required.
A. No person, corporation, or other legal entity shall make changes or cause changes to be made in the
surface of any land by clearing, grading, filling, or drainage alteration in the City without having first obtained a valid clearing and grading permit from the City Engineer; except for those activities that are
exempt as described in section 15.28.040. A clearing and grading permit is required prior to any of the following:
1. Any clearing, filling, excavation, or grading in an environmentally sensitive area, critical area, or critical area buffer.
2. Land disturbance of one acre 7,000 square feet or more. See the Urban Services Standards and
Guidelines, Section 6.02.1 for sites under one acre.
3. Projects that result in 2,000 square feet or more of new plus replaced hard surfaces.
43.Fill and/or excavation of 100 cubic yards or more, even if the excavated material is used as fill on
the same site. [Quantities of fill and excavation are calculated separately and then added together to determine the total quantity for the site.]*
*Correction made to conform with Ordinance 3367.
54. Clearing or grading that will likely penetrate the groundwater table, including the construction of ponds and reservoirs.
65. An excavation which is more than five feet in depth or which creates a cut slope greater than five
feet in depth or which creates a cut slope greater than five feet in height and steeper than two units horizontal in one unit vertical (2:1).
76. Any re-grading or paving on an area used for stormwater retention or detention or alteration of an existing drainage course.
87. Any proposal to remove a tree or reduce the live crown of any tree by more than 25%, in any five-
year period, that is required to be preserved by City Code, plat condition, or other requirement.
B. Permits are not transferable, unless approved in writing by the City Engineer. The transfer will only be approved when the new applicant has demonstrated that it can and has complied with the conditions
of the permit.
(Ord. 3516 § 3, 10/21/2014; Ord. 3367 § 3, 8/15/2009; Ord. 3071 § 3 (part), 12/15/2000; Ord. 2734 § 1, 1/15/1993)
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 below may not apply in situations where properties include environmentally sensitive areas. An exemption from a clearing and grading permit
does not exempt the person doing the work from meeting all applicable federal, state, and local codes, standards, guidelines, regulations, and permit requirements:
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. Work performed under the direction of the City Engineer within a public right-of-way or upon an
easement, for the purpose of installing and maintaining water, stormwater, sanitary sewer, power, cable, or communication lines;
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D. Cemetery graves;
E. Land disturbance that is less than one acre 7,000 square feet, except those sites meeting any of
the conditions listed in 15.28.030 or where an adjacent area containing disturbed areas under the same ownership or chain of ownership has been similarly exempted so that the combined area
is one acre 7,000 square feet or more and final site stabilization is not complete;
F. If a building permit is issued, no additional clearing, grading, or filling permit or associated fee will
be required. However, the standards established in the City's Urban Services Standards and Guidelines manual and by City ordinance shall be applied as a condition of said building permit;
G. Forest practices regulated under RCW 76.09. (Activities involving conversion of land to uses other than commercial timber production are subject to clearing and grading regulations.)
H. Refuse disposal sites controlled by other regulations.
I. Mining, quarrying, excavation, processing, or stockpiling of rock, sand, gravel, aggregate, or clay
where established and provided by law provided such operations do not affect the lateral support of or increase the stresses in or pressure upon any adjacent or contiguous property.
J. Agricultural crop management of existing and ongoing farmed areas as defined per RCW 84.34.020.
K. Routine landscape maintenance of existing landscaped areas on developed lots.
L. Routine drainage maintenance of existing, constructed stormwater drainage facilities located
outside of an environmentally sensitive or other protected area, including, but not limited to, detention/retention ponds, wet ponds, sediment ponds, constructed drainage swales, water
quality treatment facilities, such as filtration systems and regional storm facilities that are necessary to preserve the water quality treatment and flow control functions of the facility. This
exemption does not apply to any expansion or modification to existing excavated and constructed stormwater drainage facilities.
M. Roadway repairs and overlays within a public street right-of-way for the purpose of maintaining the pavement, curbing, or sidewalk of existing paved roadways.
(Ord. 3367 § 3, 8/15/2009; Ord. 3179 § 5 (part), 12/17/2004; Ord. 3071, § 3 (part), 12/15/2000;
Ord. 2734, § 1, 1/15/1993)
(Ord. 2734, § 1, 1/15/1993)
15.28.060 - Plans and specifications.
Each application shall be accompanied by three sets of plans and specifications, including calculations.
The City Engineer may require that the plans and specifications be prepared by an appropriate qualified professional who shall have his/her signature and stamp affixed to each set. The plans and specifications
shall include the appropriate information as follows:
A. An accurate plan of the entire site as it exists at the time of the application, which includes:
1. All property lines;
2. Contours over the entire site (five-foot contour intervals are standard, but other intervals may
be required in specific circumstances);
3. The date, basis, and datum of the contours;
4. A graphic representation of existing vegetation on the site designated by its common names, the amount of bare ground, and the amount and type of impervious material (rock and
artificial);
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5. The location of all existing drainage facilities, natural and man-made;
6. The location and estimated capacity of any areas which impound surface water;
7. The location and estimated discharge of all visible springs;
8. The location of all structures, utilities, and their appurtenances, including structures and
utilities on adjacent properties when such information is reasonably available;
9. Date, north arrow, and adequate scale as approved by the City Engineer on all maps and
plans;
10. Identification of and mitigation measures for on-site areas which are subject to severe
erosion, and off-site areas which are especially vulnerable to damage from erosion and/or sedimentation.
B. The proposed work schedule, which details the following:
1. Sequence for clearing, grading, filling, drainage alteration, and other land-disturbing
activities;
2. On-site soil or earth material storage locations and source of import materials, and location
of the site where spoils will be disposed;
3. Schedule for installation and removal of all interim erosion and sediment control measures,
including vegetative measures;
4. Schedule for construction of final improvements, if any;
5. Schedule for the installation of required permanent erosion and sediment control devices;
6. An outline of the methods to be used in clearing vegetation and in storing and disposing of
the cleared vegetative matter.
C. An accurate finished grading plan of the entire site as it would appear after the completion of work
covered by the permit, showing the following:
1. The finished contours achieved by grading (at the same intervals as the existing contours);
2. The boundaries of all areas to remain undisturbed, and identification and the location of all other vegetation shown on the plan that will remain after the completion of work;
3. Drainage and related facilities to be constructed with and as a part of the proposed work;
4. Boundaries of all areas where surface water runoff will be retained, detained, or infiltrated;
5. The method for discharging surface water off-site, including the provisions required to control the velocity and direction of discharge to protect downstream properties;
6. The location of building setback lines, and approximate limits of cuts and fills, including but not limited to foundations, retaining walls, and driveways;
7. Location and dimensions of environmentally sensitive areas and buffer zones and other areas to be maintained or established;
8. The location and description of proposed erosion and sedimentation control devices or structures and schedule of maintenance;
9. Off-site grading shall be noted on the plans, and a dated letter of permission from the property owner of the land affected shall be provided and noted on the plans.
D. Construction Stormwater Pollution Prevention Plan (SWPPP)
(Ord. 3367 § 3, 8/15/2009; Ord. 2734, § 1, 1/15/1993)
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15.28.070 - Additional application information.
The City Engineer may require the applicant to submit additional information when the submitted plans and
specifications and associated information are not clear enough to allow for an adequate determination, or when special conditions are found to exist which require specific explanation. This additional information
may include, but is not limited to, the following:
A. Stormwater site plans, including all technical information and analysis, such as hHydrologic and
hydraulic computations of expected stormwater runoff entering and leaving the site for pre-developedment and developed conditions;
B. Engineering geology and soils reports as needed for hydrology, hydraulics, and erosion control design;
C. Erosion and sediment control plan and supporting calculations;
D. An engineer's cost estimate of the temporary drainage facilities and final erosion and sediment
control when such information is necessary for bonding purposes;
E. Inspection and maintenance agreement;
F. Letters of permission: Off-site grading shall be supported by a dated letter of permission from the affected property owner(s);
G. A copy of the Hydraulic Project Approval (HPA) issued by the Washington State Department of Fish and Wildlife, if an HPA is required.
(Ord. 3367 § 3, 8/15/2009; Ord. 2734, § 1, 1/15/1993)
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. Vegetation protection: Vegetation that is to be retained shall be delineated and clearly marked on
the site plan by a biologist, landscape architect, and/or Certified Arborist.
C. Wetland buffers: No land-disturbing activity shall be permitted in an approved wetland buffer,
except as otherwise allowed by applicable laws and permits.
D. Graded slopes and fills: The angle for graded slopes and fills shall be no greater than the angle
which can be retained by vegetative cover or other adequate erosion control devices or structures.
E. 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 has been completed. Plantings or a permanent ground
cover shall be provided immediately after completion of grading to sufficiently restrain erosion.
F. Use of vegetative measures: Native plants shall be used for erosion and sediment control
wherever feasible, rather than structural measures such as pipes, structures, or other devices.
G. Critical areas: Construction within critical areas and critical area buffers shall be in compliance
with Chapter 15.20 PAMC Environmentally Sensitive Areas Protection Ordinance and shall be subject to the review of the Director of Community and Economic Development.
H. Removal of dead or diseased trees from environmentally sensitive areas or buffers is allowed provided that:
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1. The applicant submits a report from a certified arborist, registered landscape architect, or professional forester or arborist that documents the hazard and provides a replanting
schedule for the replacement of trees;
2. Tree cutting shall be limited to limbing and crown thinning, unless otherwise justified by a
qualified professional. Where limbing or crown thinning is not sufficient to address the hazard, trees should be reduced in height to remove the hazard rather than cut at or near
the base of the tree;
3. All cut vegetation (tree stems, branches, tops, etc.) shall be left within the environmentally
sensitive area or buffer unless removal is warranted due to the potential for disease transmittal to other vegetation, or if the environmentally sensitive area is a steep slope or
marine bluff.
4. The landowner shall replace any trees that are felled or topped in accordance with PAMC
11.13.050. with new trees at a ratio of two replacement trees for each tree felled or topped. (2:1) within one (1) year in accordance with an approved restoration plan. Tree species that
are native and indigenous to the site with a minimum caliper of two inches shall be used for replacement;
5. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified professional wildlife biologist shall be consulted to determine timing and methods or removal
that will minimize impacts; and
6. Hazard trees determined to pose an imminent threat or danger to public health or safety, to
public or private property, or serious environmental degradation may be removed or pruned by the landowner prior to receiving written approval from the City of Port Angeles provided
that following such action, the landowner shall submit a clearing and grading permit application accompanied by a restoration plan that demonstrates compliance with the
provisions of this title.
(Ord. 3367 § 3, 8/15/2009; Ord. 3179 § 5 (part), 12/17/2004; Ord. 3071, § 3 (Part), 12/15/2000; Ord. 2734, § 1, 1/15/1993)
15.28.100 - Conditions.
In granting any clearing and grading permit, the City Engineer may attach conditions reasonably necessary
to prevent erosion and sedimentation. Such conditions may include, but are not limited to, installing walls, swales, drains, retention facilities, or other structures, planting appropriate vegetation, installing erosion
and sediment control measures or devices, furnishing necessary letters of permission and/or easements, and specifying method of performing the work. Such items must be identified on the approved grading,
erosion, and sediment control or other required plans. In addition, the following shall be conditions of all permits:
A. A construction stormwater pollution prevention plan (SWPPP) is required in conjunction with a clearing and grading permit for sites that result in 2,000 square feet or more of new plus replaced
hard surface area, or which disturb 7,000 square feet or more of land disturb one acre of land or more. A temporary erosion and sediment control plan (TESCP) is required in conjunction with a
clearing and grading permit for sites that disturb less than one acre of land. The SWPPP or TESCP shall meet all requirements as set forth in Chapter 6 of the current edition of the City of
Port Angeles' Urban Services Standards and Guidelines and the Department of Ecology’s SWMMWW (2014), including any amendments or revisions thereto. A small project SWPPP is
required for sites that result in 2,000 square feet or more, but less than 5,000 square feet, of new plus replaced hard surface area and less than 1 acre of land disturbance. A large project SWPPP
is required for sites that result in 5,000 square feet or more of new plus replaced hard surface area or one acre of greater of land disturbance.
Page 27
B. Notify the City at least 48 hours before commencing any land-disturbing activity.
C. Notify the City of completion of any control measures within 48 hours after their completion.
D. Obtain written permission from the City Engineer prior to modification of any approved plans.
E. Install all control measures as identified in the approved plans.
F. Maintain all road drainage systems, stormwater drainage systems, LID BMPs, erosion control measures, and other facilities identified in the plans.
G. Repair siltation or erosion damage to adjoining surfaces and drainage ways resulting from land disturbing activities.
H. Inspect, maintain, install, modify, and/or repair the erosion construction control measures at
least once each week during construction and after each runoff producing rain event (over a
24-hour period), and immediately make any needed repairs. BMPs as needed to assure the
continued performance of their intended function. Inspections on projects that disturb one or
more acres shall be conducted by a Certified Erosion and Sediment Control Lead (CESCL)
and a written record of said inspections shall be kept on site at all times. Project site disturbing
less than one acre may have a CESCL or a person without CESCL certification conduct
inspections. The CESCL or inspector shall be identified in writing to the City and shall be
present on-site or on-call at all times.
I. Allow the City to enter the site for the purpose of inspecting compliance with the plans or for performing any work necessary to bring the site into compliance with the plans.
J. Keep an up-to-date, approved copy of the plans on the site.
K. Ensure that all workmanship and materials are in accordance with City standards and the most
recent edition of the Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction.
(Ord. 3367 § 3, 8/15/2009; Ord. 2734, § 1, 1/15/1993)
15.28.160 - Inspections.
A. All projects which include clearing, grading, filling, or temporary drainage facilities shall be subject to inspection by the City Engineer or his designee, who shall be granted reasonable right of entry to the
work site by the permittee. When required by the City Engineer, special inspection of the grading operations and special testing shall be performed by qualified professionals employed by the
permittee. Inspections in conjunction with hydraulic permits will be performed and enforced by the Washington State Department of Fisheries or Wildlife.
B. Each site that has approved grading, erosion and sediment control or other required plans must be inspected as necessary to ensure that the sediment control measures are installed and effectively
maintained in compliance with the approved plan and permit requirements. Where applicable, the permittee must obtain inspection by the City at the following stages:
1. Prior to any clearing, grading, filling, drainage installations or construction (if the permitted development site has a high potential for sediment transport as determined through plan review);
21. Following the installation of sediment control measures or practices and prior to any other land-disturbing activity;
32. Following the establishment of any tree protection zone(s) and prior to any other land disturbing activity;
43. During the construction of sediment basins or stormwater management structures and permanent stormwater facilities;
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5. During construction to verify proper installation and maintenance of required erosion and sediment controls.
64. During rough grading, including hauling of imported or wasted materials;
75. Prior to the removal or modification of any sediment control measure or facility; and
86. Upon completion of final grading, (including establishment of ground covers and planting, installation of all vegetative measures, and all other work in accordance with the approved plan
or permit.), and prior to final approval or occupancy to ensure proper installation of permanent stormwater facilities. A maintenance plan for the permanent stormwater facility must be
completed.
C. The permittee may secure the services of an engineer, subject to the approval of the City
Engineer, to inspect the construction of the facilities and provide the City with a fully documented certification that all construction is done in accordance with the provisions of the approved plan,
applicable rules, regulations, permit conditions, and specifications. If inspection certification is provided to the City, then the normal inspections performed by the City for the permit may be
waived. In these cases, the City shall be notified at the required inspection points and may make
spot inspections. Temporary BMPs shall be removed following site stabilization.
(Ord. 3367 § 3, 8/15/2009; Ord. 2734, § 1, 1/15/1993)
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Title 16 - SUBDIVISIONS
CHAPTER 16.04 - SHORT PLAT SUBDIVISION REGULATIONS
16.04.070 - Preliminary short plat—Design standards.
All preliminary short plats shall conform to the following design standards:
B. Lot design.
1. The minimum area shall be equal to or greater than that required by the Zoning Code as
now enacted or hereafter amended.
2. The minimum depth shall be the total distance between the required front and rear yard
setbacks plus 15 feet.
3. The minimum lot width is the horizontal distance between side lot lines measured at the front
setback line, provided the average horizontal distance between side lot lines must also meet or exceed the minimum lot width required, and shall be as required by the Zoning Code as
now enacted or hereafter amended.
4. The front lot line shall be the boundary of a lot which abuts a street. On a panhandle lot, the
front lot line and setbacks shall be determined during the short subdivision process, or, if not determined during short subdivision review, shall be determined by the Community and
Economic Development Director.
5. a. Panhandle lots may be permitted if the original parcel has insufficient frontage width to
provide each new lot with the minimum lot width as required by Title 17 for the underlying zone.
b. Each such panhandle lot shall meet the following criteria:
i. The panhandle shall have a minimum width of 20 feet and shall serve no more
than one lot.
ii. The required lot area width and depth shall not include any portion of the
panhandle.
iii. Dead-end access streets and/or driveways in excess of 150 feet in length shall be
provided with a turn-around which has a minimum 80-foot diameter (without parking) or a minimum 90-foot diameter (with parking) asphaltic concrete or
permeable pavement street or an alternative approved by the City consistent with the Urban Services Ordinance, the Port Angeles Urban Services Standards and
Guidelines Manual, and the International* Fire Code, except that an all-weather gravel surface section may be approved for turn-arounds which are anticipated to
be temporary due to the future extension of the roadway.
*"Uniform Fire Code" updated to "International Fire Code"
C. Natural features. The lots and lot arrangement shall be such that no foreseeable difficulties will be created, due to topography and other natural conditions, for the securing of building permits
to build on all lots in compliance with the Zoning Code and the Environmentally Sensitive Areas Protection Ordinances, as now enacted or hereafter amended, and all other applicable
regulations.
D. Large lots. Where property is subdivided into lots which are of sufficient size to be resubdivided,
the lots and streets shall be arranged so as to permit later resubdivision in conformance with the
Page 1
Zoning Code, as now enacted or hereafter amended, the Subdivision Regulations Ordinance, as now enacted or hereafter amended, and this chapter.
(Ord. No. 3441, § 3, 11-15-2011; Ord. 3331 § 1, 4/25/2008; Ord. 3280, 5/25/2007; Ord. 3122 § 1
(part), 9/27/2002; Ord. 3042 § 1 (part) 1/28/2000; Ord. 2948 § 2 (part) 2/14/1997; Ord. 2880 § 1
(part) 8/25/1995; Ord. 2865, 5/12/1995; Ord. 2631 § 1, 3/29/1991; Ord. 2222 § 7, 8/11/1982)
(Ord. 3122 § 1 (part), 9/27/2002; Ord. 2880 § 1 (part) 8/25/1995; Ord. 2222 § 8, 8/11/1982)
16.04.090 - Preliminary short plat—Requirements for approval.
Prior to acting on the preliminary short plat, the Community and Economic Development Director shall
review the application for preliminary short plat approval, the preliminary short plat, and any information received pursuant to Sections 16.04.050 through 16.04.080, to determine the compliance of the preliminary
short plat with the following requirements:
A. Necessary drainage ways; or storm drains; and/or stormwater flow control, treatment, and LID
BMPs/facilities must be adequate to serve the short subdivision as set forth in the Comprehensive Plan, the Port Angeles Urban Services Standards and Guidelines Manual, and Urban Services
Ordinance development standards. LID approaches and facilities shall be incorporated to minimize stormwater runoff and impervious surface coverages, and to maximize retention of
native vegetation.
B. The provision of streets and rights-of-way must be adequate to serve the short subdivision and
comply with Sections 16.04.070 and 16.04.140 of this chapter and as set forth in the Comprehensive Plan, Urban Services Ordinance, and the Urban Services Standards and
Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130.
C. Water supply and fire protection facilities must be adequate to serve the short subdivision and
comply with Section 16.04.140 of this chapter and as set forth in the Comprehensive Plan, Urban Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent
with and pursuant to PAMC 18.08.040 and 18.08.130.
D. Sanitary sewer facilities must be adequate to serve the short subdivision and comply with Section
16.04.140 of this chapter, and as set forth in the comprehensive Plan, Urban Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to
PAMC 18.08.040 and 18.08.130, or a septic tank system must have been approved by the Clallam County Department of Health.
E. The short subdivision lot arrangement must comply with the policies of the Comprehensive Plan and further the attainment of the goals, policies, and objectives of the Comprehensive Plan.
F. The proposed short subdivision must be compatible with existing and planned development of the surrounding area.
G. The proposed lots must comply with the requirements of Ordinance 1709, as now enacted or hereafter amended, and Section 16.04.070 of this chapter.
(Ord. 3122 § 1 (part), 9/27/2002; Ord. 2880 § 1 (part) 8/25/1995; Ord. 2222 § 9, 8/11/1982)
16.04.140 - Final short plat—Improvements—Required.
The following minimum improvements shall be made or installed for each lot created by the short
subdivision, before final short plat approval:
Page 2
A. Watermains and other appurtenances necessary to provide adequate potable water supply and fire protection as set forth in the Comprehensive Plan, the Urban Services Ordinance and the
Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130.
B. Sanitary sewer or approved septic tank and drain field site.
C. Power, telephone, and all other necessary utilities.
D. Appropriate dedications or easements if required.
E. Minimum street improvement cross-section standard as set forth in the Comprehensive Plan, the
Urban Services Ordinance, and the Urban Services Standards and Guidelines:
1. Improvements to local access streets:
a. In the RS-9 and RS-11 zones, local access streets that front or will provide access from the nearest fully improved City street to newly created lots shall be improved to a
minimum of 20-foot wide permeable pavement (pervious concrete or porous asphalt [preferred] or asphaltic concrete street with no on-street parking, drainage swales
(ditches) as needed, and one four-foot wide pervious concrete (preferred) or cement concrete sidewalk (eight-foot wide path when an adopted bicycle route) for pedestrian
traffic, which path shall be separated from the street by a ditch. All dead-end City streets in excess of 150 feet in length shall be permeable pavement (pervious concrete or
porous asphalt [preferred]) or asphaltic concrete paved and provided with a turn-around consistent with the Urban Services Ordinance, the Port Angeles Urban Services
Standards and Guidelines Manual, and the International* Fire Code.
*"Uniform Fire Code" updated to "International Fire Code"
b. In the RS-7 zone, local access streets that front or will provide access from the nearest fully improved City street to newly created lots shall be improved to a minimum of 20-
foot wide permeable pavement (pervious concrete or porous asphalt [preferred] or asphaltic concrete street with one three-foot wide shoulder, and one fivesix-foot wide
shoulder for pedestrian traffic. All dead-end City streets in excess of 150 feet in length shall be permeable pavement (pervious concrete or porous asphalt [preferred] or
asphaltic concrete paved and provided with a turn-around consistent with the Urban Services Ordinance, the Port Angeles Urban Services Standards and Guidelines
Manual, and the International* Fire Code.
*"Uniform Fire Code" updated to "International Fire Code"
2. Improvements to arterial streets:
a. In the RS-9 and RS-11 zones, arterial streets that front or will provide access to the lots
or parcels being developed shall be improved to the minimum of 2024-foot wide permeable pavement (pervious concrete or porous asphalt [preferred] or asphaltic
concrete street with no on-street parking, drainage swales (ditches) as needed, and one four-foot wide pervious concrete (preferred) or cement concrete sidewalk or other
acceptable hard surface (eight-foot wide surface when on an adopted bicycle route) for pedestrian traffic, which path shall be separated from the street by a ditch.
b. In the RS-7 zone, arterial streets that front or will provide access to the lots or parcels being developed shall be improved to the minimum City arterial street improvement
standards.
3. EXCEPTION: The Public Works and Utilities Department shall require the minimum standard
to be increased to match the immediately adjoining City street when the immediately adjoining City street is more fully developed than the minimum standard. This exception shall
not apply to short plats when the City finds that there will be an economic and physical
Page 3
hardship in relocating public utilities and there will be no increase in the number of lots within a subject short plat.
F. Drainage ditches, and/or culverts, and/or stormwater treatment and flow control BMPs/facilities shall be provided to address existing and anticipated stormwater run-off occurring on the site
and/or within the City rights-of-way and easements as set forth in the Urban Services Ordinance and Clearing and Grading Ordinance development standards.
G. The subdivider shall provide a street profile acceptable to the Public Works and Utilities Department for the local access streets if the final street grade has not been previously
established or accepted by the City.
H. The subdivider shall execute an L.I.D. consent and non-protest agreement or other agreement
acceptable to the City for street and utilities improvements on the local access streets whenever required improvements are less than the City's full development standards, as set forth in the
Comprehensive Plan, the Urban Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130.
I. The subdivider shall provide all other public improvements as may be required and set forth in the Comprehensive Plan, the Urban Services Ordinance, and the Urban Services Standards and
Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130.
J. When commercially zoned property is being short platted without any increase in the number of
lots, the minimum improvements required by this section may be made or installed after short plat approval without the necessity of being bonded, provided that the final short plat shall be
conditioned to provide that such improvements shall be made or installed as part of the building permit process, that vertical construction of the building shall not begin unless or until the
International* Fire Code's fire hydrant requirement has been met, and that the property or development shall not be occupied until such improvements have been completed, provided
further that said construction shall be noted on the final plat.
K. Sidewalks and other planning features that assure safe walking conditions for students who only
walk to and from school shall be provided pursuant to RCW 58.17.060 and RCW 58.17.110.
(Ord. No. 3478, § 6, 5-21-2013; Ord. 3331 § 2, 4/25/2008; Ord. 3140 § 2, 5/16/2003; Ord. 3122 § 1 (part), 9/27/2002; Ord. 3042 § 1 (part) 1/28/2000; Ord. 2948 § 2 (part) 2/14/1997; Ord. 2920, 6/14/1996; Ord. 2909 § 1, 3/15/1996; Ord. 2880 § 1 (part) 8/25/1995; Ord. 2631 § 2, 3/29/1991;
Ord. 2222 § 14, 8/11/1982)
16.08.030 - Definitions.
F. Streetscape improvements.
1. Street trees. Street trees shall be planted within a planting strip or within LID facilities in the right-
of-way of arterial streets. Proposed locations and species to be used shall be submitted for review and approval by the City. The City can assist the subdivider in location of trees and species to
use under varying conditions. Street trees are a protection against excessive heat and glare, enhance the attractiveness and value of abutting property, and reduce the amount of stormwater
runoff.
Page 4
Title 17 - ZONING
CHAPTER 17.08 - DEFINITIONS
17.08.001 - General.
The following words, terms, and phrases, when used in this title, shall have the meanings ascribed to them
in this chapter, except where the context clearly indicates a different meaning.
(Ord. 3089 § 2 (part), 6/29/2001; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
17.08.002 - Definition rules.
In the construction of these Zoning Regulations, the rules and definitions contained in this section shall be
observed and applied, except when the context clearly indicates otherwise.
A. Words used in the present tense shall include the future; words used in the singular shall include
the plural, and the plural shall include the singular.
B. The word "shall" is mandatory and not discretionary.
C. The word "may" is permissive.
D. The word "lot" shall include the words "piece" and "parcel"; the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."
(Ord. 3272, 2/16/2007; Ord. 2652 § 1 (part) 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
17.08.015 - "B."
A. Bed and breakfast. Bed and breakfast is a single-family residence located in a residential zone that contains one kitchen and shared dining area that provides lodging for guests and travelers for a period
of up to 30 days serving primarily breakfast to people registered to use the facility for lodging or special events. Bed and breakfasts are outright permitted uses in all commercial zones, residential high
density, and residential medium density zones but are a conditional use in residential single-family zones.
(Ord. 3517 § 2, 10/21/2014)
B. Bioretention facility is an engineered facility that stores and treats stormwater by passing it through a
specified soil profile, and either retains or detains the treated stormwater for flow attenuation.
C. Breezeway a roofed open-sided passageway connecting two buildings.
(Ord. 3517 § 2, 10/21/2014; Ord. 3390 § 1, 1/30/2010)
D. Building, accessory. (See "accessory building or use").
(Ord. 3517 § 2, 10/21/2014; Ord. 3126 § 2 (part), 11/15/2002; Ord. 2652 § 1 (part), 9/27/1991;
Ord. 1709 § 1 (part), 12/22/1970)
Page 1
E. Building, detached. A building surrounded by an unoccupied and unobstructed space which is on the same lot as the principal building and which provides for air and light from the ground to the sky.
(Ord. 3517 § 2, 10/21/2014; Ord. 3126 § 2 (part), 11/15/2002; Ord. 2861 § 1 (part), 3/17/1995;
Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
F. Building, principal. The major building on a lot, the building which houses the major use of the land
and the structures on a zoning lot.
(Ord. 3517 § 2, 10/21/2014; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
G. Building, residential. A building arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers.
(Ord. 3517 § 2, 10/21/2014; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 §
1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
H. Building line. Front, side and rear building lines are the lines on each zoning lot that delineate the area
within which construction of principal buildings is confined.
(Ord. 3517 § 2, 10/21/2014; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 §
1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
I. Business parking lot and/or structures. A commercial off-street parking lot or structure used exclusively for parking and/or storage of vehicles.
(Ord. 3517 § 2, 10/21/2014; Ord. 3272, 2/16/2007; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
17.08.045 - "H."
A. Hard surface: An impervious surface, a permeable pavement, or a vegetated roof.
B. Height the total distance in feet from average ground elevation at perimeter walls as determined by
the final grade noted on the building plan approved by the City to the highest point of the structure.
The final grade shall not exceed the pre-alteration grade as it existed prior to excavation. For the purposes of this title, a grade is established only when the City Building Inspector verifies the grade.
The height restrictions in this title shall not apply to church spires, monuments, chimneys, antennas, water towers, elevator towers, mechanical equipment, and other similar rooftop appurtenances usually required to be placed above the roof level and not intended for human occupancy or the provision of additional habitable space; provided that mechanical equipment rooms and screening are set back at
least ten feet from the edge of the roof and do not exceed ten feet in height. Other architectural appurtenances such as ornamental cupolas parapets, and spires, not exceeding ten feet in height and
diameter, are also exempt from height requirements.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3155 § 4, 1/30/2004; Ord. 2954 § 1,
3/28/1997; Ord. 2742 § 1, 1/29/1993; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
C. Home occupation is an occupation or business activity which results in a product or service, is conducted in whole or in part in the dwelling unit, and is clearly incidental and subordinate to the
residential use of the property.
Page 2
(Ord. 3180 § 1 (part), 12/17/2004; Ord. 2954 § 1, 3/28/97; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 2265 § 1 (part), 9/19/1983; Ord. 2103 § 1, 10/18/1980; Ord. 1709 § 1 (part),
12/22/1970)
D. Hospital an institution specializing in giving clinical, temporary and emergency services of a medical
or surgical nature to human patients and licensed by Washington State law.
(Ord. 3180 § 1 (part), 12/17/2004; Ord. 2954 § 1, 3/28/1997; Ord. 2652 § 1 (part), 9/27/1991; Ord.
1709 § 1 (part), 12/22/1970)
E. Hospital, mental (including treatment of alcoholics) an institution licensed by Washington State
agencies under provisions of law to offer facilities, care, and treatment for cases of mental and nervous disorders and alcoholics.
(Ord. 3180 § 1 (part), 12/17/2004; Ord. 2954 § 1, 3/28/1997; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
F. Hospice a facility for the terminally ill.
(Ord. 3180 § 1 (part), 12/17/2004)
G. Hostel a residential structure or commercial building where transient accommodations (daily or weekly) for the traveling public are provided and for which the accommodations contain no more than one
shared kitchen facility and do not have individual sleeping rooms. Hostels are differentiated by housing type and/or owner occupancy as follows:
1. Owner occupied single-family residential hostels are allowed in the same zones as bed and breakfasts by approval of a special use permit.
2. Non-owner occupied commercial structure hostels are allowed by the same process and in the same zones as motels.
(Ord. 3155 § 4, 1/30/2004)
H. House pets domestic animals such as dogs, cats, fish, birds, rodents, and reptiles, not including
inherently dangerous species of animals, which sleep and are primarily housed in a dwelling unit together with their owners.
(Ord. 3155 § 4, 1/30/2004; Ord. 3053 § 1 (part), 6/16/2000)
17.08.050 - "I."
A. Incidental in addition to and not interfering with or otherwise detracting from a main object; usually in these Zoning Regulations referring to a use in addition to a permitted use.
(Ord. 2861 § 1 (part), 3/17/1995)
B. Impervious surface a hard non-vegetated surface area that either prevents or retards the entry of water
into the soil mantle as under natural conditions prior to development. A hard non-vegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from
the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or stormwater areas,
concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Vegetated roofs and minimal
excavation foundations, subject to conformance with applicable Department of Ecology BMPs, are not included in the total impervious area.
(Ord. 3343 § 1, 1/1/2009)
Page 3
17.08.065 - "L."
Q. Low impact development (LID) facilities/BMPs are distributed stormwater management practices,
integrated into a project design, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID facilities/BMPs include, but are not limited to:
bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re-use.
R. Low-powered, networked telecommunications facilities those facilities with maximum transmitter peak output power that do not exceed one watt and are less than 14 inches by 16 inches by eight inches with an antenna no greater than 30 inches.
(Ord. 3089 § 2 (part), 6/29/2001)
17.08.085 - "P."
A. People with functional disabilities people with functional disabilities means: (1) a person who, because
of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of: (a) needing care, supervision or monitoring to perform activities of daily living or instrumental
activities of daily living, or (b) needing supports to ameliorate or compensate for the effects of the functional disabilities so as to lead as independent a life as possible, or (c) having a physical or mental
impairment which substantially limits one or more of such person's major life activities, or (d) having a record of such impairment; or (2) being regarded as having such an impairment, but such term does
not include current, illegal use of, or active addiction to a controlled substance.
(Ord. 2652 § 1 (part), 9/27/1991)
B. Permeable pavement is pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section.
It often includes an aggregate base that provides structural support and acts as a stormwater reservoir.
C. Person any person, firm, partnership, association, corporation, company, or other legal entity, private
or public, whether for profit or not for profit.
(Ord. 3089 § 2 (part), 6/29/2001; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
D. Planned Industrial Development (PID) A PID is a site specific development which has been approved by the City Council under the provisions of chapter 17.31 of the Port Angeles Municipal Code.
(Ord. 3180 § 1 (part), 12/17/2004)
E. Planning area a large geographical area of the City, which is defined by physical characteristics and
boundaries.
(Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995)
F. PRD Planned Residential Development.
(Ord. 3272, 2/16/2007)
G. Professional offices offices used as a place of business conducted by persons engaged in recognized professions, and others whose business activities consist chiefly of services to the person as
distinguished from the handling of commodities.
(Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991;
Ord. 1709 § 1 (part), 12/22/1970)
Page 4
H. Public facilities public facilities include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and
recreational facilities, and schools.
(Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995)
17.08.095 - "S."
H. Site coverage the amount of impervious hard surface on a parcel, including structures, paved
driveways, sidewalks, patios, permeable pavement, vegetated roofs, and other impervious surfaces.
(Ord. 3343 § 1, 1/1/2009)
17.08.110 - "V."
A. Variance an adjustment in the application of the specific regulations to a particular parcel of property
which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone.
(Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
B. Vegetated roofs (also known as ecoroofs and green roofs) consist of thin layers of engineered soil and vegetation constructed on top of conventional flat or sloped roofs.
CHAPTER 17.10 - RS-7 RESIDENTIAL, SINGLE-FAMILY
17.10.050 - Area and dimensional requirements.
A. Minimum lot area: 7,000 square feet.
B. Minimum lot width: 50 feet.
C. Minimum setback:
Front: 20 feet;
Rear: 20 feet, except ten feet for detached accessory buildings in the rear one-third of the lot;
Side, interior: Seven feet, except three feet for detached accessory buildings in the rear one-third of
the lot;
Side, abutting a street: 13 feet;
Side, abutting an alley: ten feet;
PROVIDED, however, that additional minimum setbacks to ensure a safe building site may be required
when the property contains a bluff, ravine, stream, or similar feature.
D. Maximum lot coverage: 30 percent, subject to paragraph F. below.
E. Maximum site coverage: 50 percent, subject to paragraph F. below.
F. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is designed shown, by a professional engineer licensed in the State of Washington, to
infiltrate on-site, according to the requirements in Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual of the most recent edition* of the Stormwater Management Manual
for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) A professional engineer licensed in the state of Washington
Page 5
is required to perform this infiltration assessment for sites which add 5,000 square feet or more of new or replaced hard surface area.
*Typographical spelling error corrected in Ordinance 3272.
G. Maximum building height: 30 feet.
H. Density shall not exceed one dwelling unit for every 7,000 square feet of lot area (6.22 units/gross acre), except that an "accessory residential unit" and conditionally approved duplexes shall be exempt
from density limitations.
I. Conditional uses shall comply with the minimum standards in subsection 17.10.050.A., unless
otherwise specified in Table "A" which is attached hereto and incorporated herein by this reference, or as may be increased by the City Council to ensure that specific conditional uses are compatible with
the RS-7 zone.
(Ord. 3390 § 2, 1/30/2010; Ord. 3343 § 2, 1/1/2009; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
CHAPTER 17.11 - RS-9 - RESIDENTIAL, SINGLE-FAMILY
17.11.050 - Area and dimensional requirements.
A. Minimum lot area: 9,000 square feet.
B. Minimum lot width: 75 feet.
C. Minimum setback:
Front: 25 feet;
Rear: 25 feet, except ten feet for detached accessory buildings in the rear one-third of the lot;
Side, interior: Eight feet, except three feet for detached accessory buildings in the rear one-third of the lot;
Side, abutting a street: 18 feet;
PROVIDED, however, that additional minimum setbacks to ensure a safe building site may be required
when the property contains a bluff, ravine, stream, or similar feature.
D. Maximum lot coverage: 30 percent, subject to paragraph F. below.
E. Maximum site coverage: 50 percent, subject to paragraph F. below.
F. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other
surfaces is designed shown, by a professional engineer licensed in the State of Washington, to infiltrate on-site, according to the requirements in Chapter 5 of the City of Port Angeles Urban Services
Standards and Guidelines manual of the most recent edition* of the Stormwater Management Manual for Western Washington, portions of the project can be exempt from lot and site coverage calculations.
(See PAMC 17.94.135 for exemptions.) A professional engineer licensed in the state of Washington is required to perform this infiltration assessment for sites which add 5,000 square feet or more of new
or replaced hard surface area.
*The word "addition" in Ordinance 3343 corrected by codifier to "edition."
G. Maximum building height: 30 feet.
Page 6
H. Density shall not exceed one dwelling unit for every 9,000 square feet of lot area (4.84 units/gross acre) except that an "accessory residential unit" and conditionally approved duplexes shall be exempt
from density limitations.
I. Conditional uses. Conditional uses shall comply with the minimum standards in subsection
17.11.050.A., unless otherwise specified in Table "A," or as may be increased by the City Council to ensure that specific conditional uses are compatible with the RS-9 zone.
(Ord. 3390 § 3, 1/30/2010; Ord. 3343 § 3, 1/1/2009; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2948
§ 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 2 (part), 3/28/1986; Ord.
1709 § 1 (part), 12/22/1970)
CHAPTER 17.12 - RS-11 - RESIDENTIAL, SINGLE-FAMILY
17.12.050 - Area and dimensional requirements.
A. Minimum lot area: 11,000 square feet.
B. Minimum lot width: 75 feet.
C. Minimum setback:
Front: 25 feet;
Rear: 25 feet, except ten feet for detached accessory buildings in the rear one-third of the lot;
Side, interior: Eight feet, except three feet for detached accessory buildings in the rear one-third of the
lot;
Side, abutting a street: 18 feet;
PROVIDED, however, that additional minimum setbacks to ensure a safe building site may be required
when the property contains a bluff, ravine, stream, or similar feature.
D. Maximum lot coverage: 30 percent, subject to paragraph F. below.
E. Maximum site coverage: 50 percent, subject to paragraph F. below.
F. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is designed shown, by a professional engineer licensed in the State of Washington, to
infiltrate on-site, according to the requirements in Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual of the most recent edition* of the Stormwater Management Manual
for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) A professional engineer licensed in the state of Washington
is required to perform this infiltration assessment for sites which add 5,000 square feet or more of new or replaced hard surface area.
The word "addition" in Ordinance 3343 corrected by codifier to "edition."
G. Maximum building height: 30 feet.
H. Density shall not exceed one dwelling unit for every 11,000 square feet of lot area (3.96 units/gross acre) except that an "accessory residential unit" and conditionally approved duplexes shall be exempt
from density limitations.
I. Conditional uses. conditional uses shall comply with the minimum standards in subsection
17.12.050.A., unless otherwise specified in Table "A," or as may be increased by the City Council to ensure that specific conditional uses are compatible with the RS-11 zone.
Page 7
(Ord. 3390 § 4, 1/30/2010; Ord. 3343 § 4, 1/1/2009; Ord. 3180 § 1 (part), 12/17/2004)
CHAPTER 17.14 - RMD - RESIDENTIAL, MEDIUM DENSITY
17.14.040 - Area and dimensional requirements.
A. Minimum lot area shall be 7,000 square feet.
B. Density shall not exceed two dwelling units for the first 7,000 square feet of lot area, plus one unit for each additional 3,500 square feet of lot area. (Maximum 12.44 units/acre)
C. Minimum setback:
Front: 25 feet from front property line.
Sides: No structure shall be permitted closer than seven feet to any side lot line on the front two-thirds of the lot. Detached accessory buildings only on the rear one-third of the lot may be permitted to within
three feet of the side lot line. On corner lots, the side yard abutting a street shall have a setback of 13 feet.
Rear: No residential structure shall be permitted within 25 feet of the rear property line. Detached accessory buildings are permitted not closer than ten feet to the rear property line or alley.
D. Maximum lot coverage: 40 percent, subject to paragraph F. below.
E. Maximum site coverage: 70 percent, subject to paragraph F. below.
F. Exceptions to maximum lot and site coverage:
1. An additional ten percent coverage that enables development to achieve the allowed maximum
density of the RMD zone per 17.14.040.B.; or
2. An additional ten percent coverage for development that is reserved as affordable housing. All
applicants seeking bonus impervious surface for inclusion of affordable housing shall provide a mechanism to ensure that affordable housing remains affordable for the life of the project. Such
mechanism shall be approved by the City Attorney in conjunction with the Department of Community and Economic Development, and shall be recorded on the land title; in addition:
3. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is designed shown, by a professional engineer licensed in the State of Washington,
to infiltrate on-site, according to the requirements in Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual of the most recent edition* of the Stormwater
Management Manual for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) A professional engineer
licensed in the state of Washington is required to perform this infiltration assessment for sites which add 5,000 square feet or more of new or replaced hard surface area.
*The word "addition" in Ordinance 3343 corrected by codifier to "edition."
G. Maximum building height: 35 feet. In order to reduce impervious surfaces, building height may exceed
the standard in the underlying zone to a maximum of twenty percent; provided that the project design protects adjacent uses both inside and outside of the development site from adverse impacts on
privacy, light, air and significant public views. An increase in building height must be shown to reduce site coverage by a similar percentage.
(Ord. 3343 § 5, 1/1/2009; Ord. 3253, 7/14/2006; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2948 § 5
(part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 7 (part), 10/16/1992)
Page 8
17.14.070 - Design and landscaping for apartments.
A. All designated outdoor storage areas, except for City mechanized refuse collection system containers,
shall be screened from view from public rights-of-way and abutting property by a vision-obscuring fence six feet in height.
B. All lighting on the site shall be directed away from adjoining residential properties and public rights-of-way.
C. Unused space that is over 24 square feet in area and results from the design of parking space arrangements or accessory structures shall be landscaped.
D. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy
covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or
fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking
spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent
vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to
15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required.
E. All parking lots shall be screened by a three-foot to six-foot vision-obscuring fence or vegetation on all
sides adjacent to residentially zoned property; except that parking lots with less than 900 square feet of contiguous area shall be exempt from this landscaping requirement.
F. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements. Underground parking and parking included in a parking structure are
excluded from this requirement.
G. At least 30 percent of the site shall be landscaped with a mixture of ground cover, shrubs, and trees.
(Ord. 3272, 2/16/2007; Ord. 2715 § 7 (part), 10/16/1992)
CHAPTER 17.15 - RHD - RESIDENTIAL, HIGH DENSITY
17.15.050 - Area and dimensional requirements.
A. Minimum lot area: 7,000 square feet.
B. Density shall not exceed two dwelling units for the first 7,000 square feet of lot area plus one dwelling
unit for each additional 1,000 square feet of lot area (maximum 38.56 units/acre).
C. Minimum setback:
Front: 25 feet from front lot line.
Sides: No structure shall be permitted closer than seven feet to any side lot line on the front two-thirds
of the lot. Detached accessory buildings only, on the rear one-third of the lot may be permitted to within three feet of the side line. On corner lots, the side yard abutting a street shall have a setback of 13 feet
unless more is required by Ordinance No. 1635.
Rear: No residential structure shall be permitted within 25 feet of the rear property line. Detached
accessory buildings are permitted not closer than ten feet to the rear property line or alley.
Page 9
D. Maximum lot coverage: 45 percent, subject to paragraph F. below.
E. Maximum site coverage: 75 percent, subject to paragraph F. below.
F. Exceptions to maximum lot and site coverage:
1. An additional ten percent coverage that enables development to achieve the allowed maximum
density of the RHD zone per 17.15.050.B.; or
2. An additional ten percent coverage for development that is reserved as affordable housing. All
applicants seeking bonus impervious surface for inclusion of affordable housing shall provide a mechanism to ensure that affordable housing remains affordable for the life of the project. Such
mechanism shall be approved by the City Attorney in conjunction with the Department of Community and Economic Development, and shall be recorded on the land title; in addition:
3. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is designed shown, by a professional engineer licensed in the State of Washington,
to infiltrate on-site, according to the requirements in Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual of the most recent edition* of the Stormwater
Management Manual for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) A professional engineer
licensed in the state of Washington is required to perform this infiltration assessment for sites which add 5,000 square feet or more of new or replaced hard surface area.
*The word "addition" in Ordinance 3343 corrected by codifier to "edition."
G. Maximum building height - 35 feet. In order to reduce impervious surfaces, building height may exceed
the standard in the underlying zone to a maximum of twenty percent; provided that the project design protects adjacent uses both inside and outside of the development site from adverse impacts on
privacy, light, air and significant public views. An increase in building height must be shown to reduce site coverage by a similar percentage. On properties containing marine bluff or required marine bluff
buffers, the building height increase shall not exceed 50% of the building footprint.
(Ord. 3343 § 6, 1/1/2009; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 3 (part), 1/17/1992; Ord. 2666 § 3 (part), 1/17/1992;
Ord. 2652 § 6 (part), 9/27/1991; Ord. 2636 § 9 (part), 5/15/1991; Ord. 2397 § 1 (part),
6/16/1986; Ord. 1709 § 1 (part), 12/22/1970)
17.15.080 - Design and landscaping.
A. All outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from view from public rights-of-way and abutting property by a vision-obscuring fence six
feet in height.
B. All lighting on the site shall be so directed as to reflect away from adjoining residential properties and
public rights-of-way.
C. Unused space that is over 24 square feet and results from the design of parking space arrangements
or accessory structures shall be landscaped.
D. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy
covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping.
Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees
shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet
at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent
Page 10
vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to
15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the
total landscape project costs shall be required.
E. Parking areas shall have interspersed landscaped islands and shall have no more than eight
consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements. Underground parking and parking included in a parking structure are
excluded from this requirement.
F. All parking lots shall be screened by a three-foot to six-foot vision-obscuring fence or vegetation on all
sides adjacent to residentially zoned property.
G At least 30 percent of the site shall be landscaped with a mixture of ground cover, shrubs, and trees.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3042 § 3 (part) 1/28/2000; Ord.
2861 § 1 (part), 3/17/1995; Ord. 2668 § 3 (part), 1/17/1992; Ord. 2666 § 3 (part), 1/17/1992)
CHAPTER 17.19 - PRD - PLANNED RESIDENTIAL DEVELOPMENT OVERLAY ZONE
17.19.050 - Standards.
The following standards shall apply to all PRDs:
A. All street and utility improvements shall be constructed to urban standards specified by the City of Port Angeles. Street widths may vary from widths required in the Subdivision Regulations.
Interior streets shall be dedicated public streets. 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 PRDs shall devote at least 30 percent of the gross area of the site to common usable open
space, half of which must be used for recreational purposes and none of which will be credited in the setback areas required along the exterior property lines of the PRD. LID facilities may count
towards the common usable open space not required for recreational purposes. Street rights-of-way, driveways, parking lots and utility structures shall not be counted as part of the common
usable open space. Common usable open space shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels unless such parcels are to be
owned by a homeowners association. Community recreation facilities and recreation structures shall be included in calculating the area devoted to common usable open space.
C. All PRDs shall provide for continuous and perpetual maintenance of common open space, common recreation facilities, private roads, utilities, parking areas and other similar development
within the boundaries of the PRD in form and manner acceptable to the City.
D. Platting shall be required for all projects that involve or contemplate the subdivision of land. Lots
in a platted PRD may be sold to separate owners. No further subdivision of land within the PRD will be permitted unless a formal amendment to the PRD is approved.
E. 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 PRD approval process. No further conditional
use permits except home occupations, will be permitted within the PRD unless a formal amendment to the PRD is approved.
F. For any underlying land use regulatory process that is consolidated through the PRD overlay process, the criteria and development standards of that underlying land use process shall be met.
Page 11
Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require a formal amendment to the PRD.
G. To encourage design flexibility, conservation of natural amenities, and innovations that result in a higher quality residential environment than traditional subdivisions, site planning and
architectural review that address specific criteria are required of all development in the PRD. Where applicable, the design of PRDs shall accomplish the following to the greatest extent
possible:
1. Preserve unique physical features of the site including, but not limited to, creeks, wetlands,
ravines, bluffs, lakes or ponds, shorelines, and forest areas consistent with Section 15.20 and 15.24 PAMC;
2. Preserve scenic view corridors, both internal and external to the site;
3. Provide recreation facilities including, but not limited to, bicycle or pedestrian paths,
children's play areas and playfields; 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.
H. All PRDs shall comply with the goals and policies of the Port Angeles Comprehensive Plan.
(Ord. 3332 § 2, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 §
1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
CHAPTER 17.20 - CO – COMMERCIAL OFFICE
17.20.200 - Area and dimensional requirements.
A. Minimum lot area: 7,000 square feet.
B. Minimum lot width: 50 feet.
C. Minimum setbacks for non-residential use:
Front: 25 feet from property line.
Rear: 25 feet from property line. Detached accessory buildings shall not be permitted closer than ten
feet to the rear property line.
Side: Seven feet from the property line. Detached accessory buildings only on the rear one-third of the
lot may be permitted to within three feet of the side line. On corner lots the side yard abutting the street shall have a building line setback of 13 feet.
D. Maximum lot coverage: 45 percent, subject to paragraph F. below.
E. Maximum site coverage: 75 percent, subject to paragraph F. below.
F. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is designed shown, by a professional engineer licensed in the State of Washington, to
infiltrate on-site, according to the requirements in Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual of the most recent edition* of the Stormwater Management Manual
for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) A professional engineer licensed in the state of Washington
is required to perform this infiltration assessment for sites which add 5,000 square feet or more of new or replaced hard surface area.
*The word "addition" in Ordinance 3343 corrected by codifier to "edition."
Page 12
G. Maximum building height: 30 feet. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design
protects adjacent uses both inside and outside of the development site from adverse impacts on privacy, light, air and significant public views. An increase in building height must be shown to reduce
site coverage by a similar percentage.
(Ord. 3343 § 7, 1/1/2009; Ord. 3272, 2/16/2007; Ord. 2715 § 4 (part), 10/16/1992; Ord. 2109 § 6, 12/7/1980)
17.20.210 - Off-street parking.
(See Chapter 14.40 PAMC).
(Ord. 2109 § 7, 12/7/1980)
17.20.230 - Design and landscaping.
A. All outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from public rights-of-way and abutting property by a vision-obscuring fence six feet in height.
B. All lighting on the site shall be so directed as to reflect away from adjoining property and public rights-of-way.
C. A sixfive-foot sidewalk accompanied by a minimum fourfive-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors.
D. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or
similar to shrubs of three-foot to six-foot mature height interspersed with evergreen and/or deciduous and/or ornamental trees. Five feet of the rear yard setback area abutting a residentially zoned lot shall
be landscaped in a similar manner.
E. The unused space resulting from the design of parking space arrangements or accessory structures
which is over 24 square feet shall be landscaped.
F. All landscaping shall comply with the vision clearance requirements of section 17.94.090 PAMC.
G. All non-residential structures shall be designed to be compatible with the residential environment.
H. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy
covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping.
Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees
shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet
at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic
Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To
ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required.
I. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet
landscaping requirements. Underground parking and parking included in a parking structure are excluded from this requirement.
Page 13
J. All parking lots shall be screened by three-foot to six-foot vision obscuring fence or vegetation on the sides adjacent to residentially zoned property.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2742 § 1, 1/29/1993; Ord. 2666 §
4, 1/17/1992; Ord. 2109 § 9, 12/7/1980)
CHAPTER 17.21 - CN - COMMERCIAL, NEIGHBORHOOD
17.21.200 - Area and dimensional requirements.
A. Minimum lot area: 7,000 square feet. Residential uses on the first floor shall comply with RHD rear
setback requirements.
B. Minimum lot width: 50 feet.
C. Minimum setback: No structure shall be built within 15 feet of an alley or any property that has a residential zoning classification.
D. Maximum lot coverage: 50 percent, subject to paragraph F. below.
E. Maximum site coverage: 80 percent, subject to paragraph F. below.
F. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is designed shown, by a professional engineer licensed in the State of Washington, to
infiltrate on-site, according to the requirements in Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual of the most recent edition* of the Stormwater Management Manual
for Western Washington, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) A professional engineer licensed in the state of Washington
is required to perform this infiltration assessment for sites which add 5,000 square feet or more of new or replaced hard surface area.
*The word "addition" in Ordinance 3343 corrected by codifier to "edition."
G. Maximum building height: 30 feet. In order to reduce impervious surfaces, building height may exceed
the standard in the underlying zone to a maximum of twenty percent; provided that the project design protects adjacent uses both inside and outside of the development site from adverse impacts on
privacy, light, air and significant public views. An increase in building height must be shown to reduce site coverage by a similar percentage.
(Ord. 3343 § 8, 1/1/2009; Ord. 3332 § 3, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part),
12/17/2004; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 3,
2/11/1994)
17.21.230 - Design and landscaping.
A. All outdoor storage areas, except City mechanized refuse collection system containers, shall be
screened from view from public rights-of-way and abutting property by a sight-obscuring fence six feet in height.
B. All lighting on the site shall be so directed as to reflect away from adjoining non-commercial property and public rights-of-way.
C. A sixfive-foot sidewalk accompanied by a minimum fourfive-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors.
D. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or
Page 14
similar to shrubs of three-foot to six-foot mature height interspersed with evergreen, deciduous and/or ornamental trees. Five feet of the rear yard setback area abutting a residentially zoned lot shall be
landscaped in a similar manner.
E. Unused space that is over 24 square feet and that results from the design of parking space
arrangements or accessory structures shall be landscaped.
F. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy
covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping.
Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees
shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet
at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic
Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To
ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required.
G. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet
landscaping requirements. Underground parking and parking included in a parking structure are excluded from this requirement.
H. All parking lots shall be screened by three-foot to six-foot vision-obscuring fence or vegetation on all sides adjacent to residentially zoned property.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord.
2797 § 3, 2/11/1994)
CHAPTER 17.22 - CSD - COMMUNITY SHOPPING DISTRICT
17.22.200 - Area and dimensional requirements.
A. Minimum lot area: 7,000 square feet. Residential uses on the first floor shall comply with the RHD rear
setback requirements.
B. Minimum lot width: 50 feet.
C. Minimum yard requirements: No structure shall be built within 15 feet of an alley that abuts any property that has a residential zoning classification. No loading structure or dock with access onto the alley
shall be built within 15 feet of an alley. Driveway access onto an alley shall maintain a vision clearance triangle. The vision clearance triangle shall extend ten feet along the alley and 15 feet along the edge
of the driveway, measured from the point of intersection of each side of the driveway and the alley right-of-way line.
D. Maximum lot coverage: 50 percent.
E. Maximum height: 35 feet. The building height may be modified to achieve the goals in Section
17.44.050.
(Ord. 3332 § 4, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3111 § 4, 3/15/2002; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2977 § 1 (part), 12/26/1997; Ord. 2863 § 3,
4/14/1995; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 4, 2/11/1994)
Page 15
17.22.230 - Design and landscaping.
A. All outdoor storage areas, except City mechanized refuse collection system containers, shall be
screened from view from public rights-of-way and abutting property by a sight-obscuring fence six feet in height.
B. All lighting on the site shall be so directed as to reflect away from adjoining non-commercial property and public rights-of-way.
C. A sixfive-foot sidewalk accompanied by a minimum fourfive-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors.
D. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary
or similar to residential landscaping. In other words, such landscaping shall be complementary or
similar to shrubs of three-foot to six-foot mature height interspersed with evergreen, deciduous and/or ornamental trees. Five feet of the rear yard setback area abutting a residentially zoned lot shall be
landscaped in a similar manner.
E. Unused space that is over 24 square feet and that results from the design of parking space arrangements or accessory structures shall be landscaped.
F. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy
covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping.
Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed
in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet
at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic
Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the
total landscape project costs shall be required.
G. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet
landscaping requirements. Underground parking and parking included in a parking structure are excluded from this requirement.
H. All parking lots shall be screened by three-foot to six-foot vision-obscuring fence or vegetation on all
sides adjacent to residentially zoned property.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2797 § 4, 2/11/1994)
CHAPTER 17.23 - CA - COMMERCIAL, ARTERIAL
17.23.200 - Area and dimensional requirements.
A. Minimum lot area: 7,000 square feet. Residential uses on the first floor shall comply with the RHD rear
setback requirements.
B. Minimum lot width: 50 feet.
C Setbacks:
Front: No setback requirement.
Rear: No structure shall be built within the rear 15 feet of a lot that abuts an alley or a residential zone.
Page 16
Side: No structure shall be built within 15 feet of any property that has a residential zoning classification or an alley. No side yard shall be required when abutting another commercially zoned lot, except that
for ground floor residential structures a seven-foot side yard shall be required.
D. Maximum lot coverage: 60 percent.
E. Maximum building height: 35 feet. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design
protects adjacent uses both inside and outside of the development site from adverse impacts on privacy, light, air and significant public views. An increase in building height must be shown to reduce
site coverage by a similar percentage.
(Ord. 3332 § 5, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2977 § 1 (part) 12/26/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2591 § 2, 5/25/1990; Ord. 2293 § 1
(part), 4/4/1984)
17.23.230 - Design and landscaping.
A. All outdoor storage areas except sanitation receptacles associated with mechanized collection shall be screened from view from public rights-of-way and abutting property by a sight-obscuring fence six feet in height.
B. All lighting on the site shall be directed or shaded so as not to shine directly on adjoining non-
commercial property.
C. A sixfive-foot sidewalk accompanied by a minimum fourfive-foot landscape strip shall be required
within the right-of-way adjacent to the front property line as well as adjoining arterial corridors.
D. A visual screen consisting of solid fencing, landscaping, or other materials, shall be provided in the
yard abutting residentially zoned land. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge that will reach a height of six feet within
three years of the planting date. Such screen shall be maintained to a maximum height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized
collection shall not be obstructed. Clear vision triangles shall be maintained.
E. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy
covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping.
Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees
shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet
at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic
Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To
ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required.
F. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet
landscaping requirements. Underground parking and parking included in a parking structure are excluded from this requirement.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2293 § 1 (part), 4/4/1984)
Page 17
CHAPTER 17.24 - CBD - CENTRAL BUSINESS DISTRICT
17.24.200 - Area and dimensional requirements.
A. Minimum lot area: 3,500 square feet. Residential uses on the first floor shall comply with RHD rear setback requirements.
B. Minimum lot width: 25 feet.
C. Setbacks/building envelope distances:
Side: None, except no structure shall be built within ten feet of any property that has a residential zoning classification. No side yard required when abutting a commercial, green belt, or industrial zoned
lot; except that for ground floor residential structures a seven-foot side yard shall be required.
Rear: None, except no loading structure or dock shall be built within 15 feet of any alley.
Front: At least 50 percent of the front property line shall be abutted by a building; provided, however, that for the purposes of this section, a publicly accessible plaza, square, outdoor dining area, or similar
area shall be considered a building.
D. Maximum lot coverage: 100 percent maximum.
E. Maximum building height: 45 feet. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design protects adjacent uses both inside and outside of the development site from adverse impacts on
privacy, light, air and significant public views. An increase in building height must be shown to reduce site coverage by a similar percentage. Additional height may be approved through a conditional use
permit process that considers the impacts upon existing views and solar protection, shadow impacts,
and factors such as the height of the bluff south of First Street.
F. Minimum building height: All new structures in the CBD shall have a minimum of two functional stories above adjoining street level.
(Ord. 3332 § 6, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3137 § 2, 2/14/2003; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2303 § 1
(part), 7/4/1984)
CHAPTER 17.25 - CR - COMMERCIAL, REGIONAL
17.25.200 - Area and dimensional requirements.
A. Minimum lot area: 7,000 square feet. Residential uses on the first floor shall comply with the RHD rear
setback requirements.
B. Minimum lot width: 50 feet.
C. Setbacks:
Front: No setback requirement.
Rear: No structure shall be built within the rear 15 feet of a lot that abuts an alley or a residential district.
Side: No structure shall be built within 15 feet of any property that has a residential zoning classification or an alley. No side yard shall be required when abutting another commercially zoned lot, except that
for residential and mixed commercial/residential structures a seven-foot side yard shall be required.
Page 18
D. Maximum lot coverage: 60 percent.
E. Maximum site coverage: 80 percent.
FE. Maximum building height: 35 feet. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design
protects adjacent uses both inside and outside of the development site from adverse impacts on privacy, light, air and significant public views. An increase in building height must be shown to reduce
site coverage by a similar percentage.
(Ord. 3332 § 7, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
17.25.230 - Design and landscaping.
A. All outdoor storage areas except sanitation receptacles associated with mechanized collection shall
be screened from view from public rights-of-way and abutting property by a sight-obscuring fence six feet in height.
B. All lighting on the site shall be directed or shaded so as not to shine directly on adjoining non-commercial property.
C. A sixfive-foot sidewalk accompanied by a minimum fourfive-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors.
D. A visual screen consisting of solid fencing, landscaping, or other materials, shall be provided in the yard abutting residentially zoned land. Such a screen shall be to a height of six feet. If landscaping is
used, it shall include evergreen shrubs planted to form a hedge that will reach a height of six feet within three years of the planting date. Such screen shall be maintained to a maximum height of six feet.
Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained.
E. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or
fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking
spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed
in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent
vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to
15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the
total landscape project costs shall be required.
F. Parking areas shall have interspersed landscaped islands and shall have no more than eight
consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements. Underground parking and parking included in a parking structure are
excluded from this requirement.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
CHAPTER 17.30 - IP - INDUSTRIAL PARK
17.30.080 - Design and landscaping.
Page 19
A. A minimum five-foot landscaping area shall be provided abutting public rights-of-way, except for approved curb cuts.
B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining non-industrially zoned property or on public rights-of-way.
C. A fifteen ten-foot wide buffer zone must be maintained adjacent to all residentially or commercially zoned property, which buffer zone shall not be used for storage, driveways, auto parking, or structures,
except security fences. A visual screen, consisting of solid fencing, landscaping, or other materials, shall be provided in the buffer zone. Such a screen shall be to a height of six feet. If landscaping is
used, it shall include evergreen shrubs planted to form a hedge of six feet mature height within three years of the planting date; except that approved vehicle driveway openings shall not be obstructed.
Vegetation within LID facilities may count towards this requirement.
D. One tree Trees shall be provided for the parking lot such that the tree canopy covers at least 20 percent
of the total parking lot area after a period of 5 years for each group of ten spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches and shall have a height of at
least 20 feet at maturity. To ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required.
(Ord. 2861 § 1 (part), 3/17/1995)
CHAPTER 17.31 - PID - PLANNED INDUSTRIAL DEVELOPMENT OVERLAY ZONE
17.31.050 - Standards.
The following standards shall apply to all Planned Industrial Developments:
A. All street and utility improvements shall be constructed to standards specified by the City of Port Angeles. Street widths may vary from widths required in the Subdivision Regulations, and interior
circulation streets may be either public or private. Streets intended to be public must meet the minimum standards set forth in the City of Port Angeles Urban Standards and Guidelines manual.
B. All PIDs that include residential uses shall devote at least 30 percent of the gross area of the site to common usable open space, half of which must be used for recreational purposes and none
of which will be credited in the setback areas required along the exterior property lines of the PID. LID facilities may count towards the common usable open space not required for recreational
purposes. Street rights-of-way, driveways, parking lots, environmentally sensitive areas, and utility structures shall not be counted as part of the common usable open space. Common usable
open space shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels unless such parcels are to be owned by a homeowners association.
Community recreation facilities and recreation structures shall be included in calculating the area devoted to common usable open space.
C. All PIDs that include residential uses and provide common open spaces, recreation facilities, private roads, utilities, parking areas or other similar developments within the boundaries of the
PID shall provide for continuous and perpetual maintenance of those common amenities of the PID in form and manner acceptable to the City.
D. Platting shall be required for all projects that involve or contemplate the subdivision of land. Lots in a platted PID may be sold to separate owners according to the separate lots as shown in the
recorded plat that is approved in connection therewith. Development of all lots within the platted PID shall be as shown in the approved PID. No further subdivision of land within the PID will be
permitted unless a formal amendment to the PID is approved.
E. Conditional use permits shall be required of all projects that involve or contemplate conditional
uses that may be allowed in the underlying zone(s). No further conditional use permits, except
Page 20
home occupations, will be permitted within the PID unless a formal amendment to the PID is approved.
F. For any underlying land use regulatory process that is consolidated through the PID overlay process, the criteria and development standards of that underlying land use regulatory process
shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require a formal amendment to the PID.
G. To encourage design flexibility, conservation of natural amenities, and innovations that result in a higher quality environment than traditional development, site planning and architectural review
that address the following criteria are required of all development in the PID. Where applicable, the design of a PID that includes residential uses shall accomplish the following to the greatest
extent possible:
1. Preserve unique physical features of the site including, but not limited to, creeks, wetlands,
ravines, bluffs, lakes or ponds, shorelines, and forest areas.
2. Preserve scenic view corridors, both internal and external to the site.
3. Provide recreation facilities including, but not limited to, bicycle or pedestrian paths, children's play areas and playfields.
4. The design of all open space areas and building structures shall be compatible with and complementary to the environment in which they are placed.
H. All PIDs shall comply with the goals and policies of the Port Angeles Comprehensive Plan.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
(Ord. 3272, 2/16/2007)
17.31.090 - Design and landscaping.
A. A minimum five-foot landscaping area shall be provided abutting public rights-of-way, except for
approved curb cuts.
B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining non-
industrially zoned property or on public rights-of-way.
C. A fifteen ten-foot wide buffer zone must be maintained adjacent to all residential or commercial uses,
that buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. A visual screen, consisting of solid fencing, landscaping, or other materials, shall be provided
in the buffer zone. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge that will reach a height of six feet within three years of the
planting date. Such screen shall be maintained to a maximum height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be
obstructed. Clear vision triangles shall be maintained.
D. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy
covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping.
Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees
shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet
at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic
Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To
Page 21
ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
CHAPTER 17.32 - IL - INDUSTRIAL, LIGHT
17.32.080 - Design and landscaping.
A. A minimum five-foot landscaping area shall be provided abutting public rights-of-way, except for
approved curb cuts.
B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining non-
industrially zoned property or on public rights-of-way.
C. A fifteen ten-foot wide buffer zone must be maintained adjacent to all residentially or commercially
zoned property, which buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. Such a screen shall be to a height of six feet. Approved vehicle driveways to
an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained.
D. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or
fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking
spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed
in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent
vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to
15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the
total landscape project costs shall be required.
E. Parking areas shall have interspersed landscaped islands and shall have no more than eight
consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements. Underground parking and parking included in a parking structure are
excluded from this requirement.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2666 § 7, 1/17/1992; Ord. 2329 §
1 (part), 3/11/1985)
CHAPTER 17.34 - IH - INDUSTRIAL, HEAVY
17.34.060 - Off-street parking.
(See Chapter 14.40 PAMC).
A. All required parking areas shall include tree landscaping of at least one tree such that the tree
canopy covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter
landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces
requires three trees.] The trees shall be of a type approved by the City, and be at least two-inch
Page 22
caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with
functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when
site constraints deem necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To ensure survivability of vegetation and tree
coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required.
B. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet
landscaping requirements. Underground parking and parking included in a parking structure are excluded from this requirement.
(Ord. 3272, 2/16/2007; Ord. 2668 § 6 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
CHAPTER 17.35 - JUNK YARDS CONDITIONAL USE PERMIT
17.35.050 - Off-street parking.
A minimum of six ten off-street parking spaces shall be required for each junk yard.
(Ord. 3123 § 20 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 8 (part),
1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
CHAPTER 17.36 - IM - INDUSTRIAL, MARINE
17.36.080 - Design and landscaping.
A. A sixfive-foot sidewalk accompanied by a minimum fourfive-foot landscape strip shall be required
within the right-of-way adjacent to the front property line as well as adjoining arterial corridors.
B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining property
or public right-of-way.
C. A fifteen ten-foot wide buffer zone must be maintained from adjacent properties. This buffer zone shall
not be used for storage, driveways, parking, or structures, except for fences. A visual screen, consisting of solid fencing, landscaping, or other materials shall be provided in the yard abutting
residentially zoned land. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge that will reach a height of six feet within three years
of the planting date. Such screen shall be maintained to a maximum height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall
not be obstructed. Clear vision triangles shall be maintained.
D. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy
covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping.
Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees
shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet
at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic
Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To
Page 23
ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required.
E. Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet
landscaping requirements. Underground parking and parking included in a parking structure are excluded from this requirement.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
CHAPTER 17.37 - MCO - MIXED COMMERCIAL OVERLAY
17.37.011 - Definitions.
A. Mixed Commercial Overlay (MCO): A site specific development plan that has been approved by the
City Council under the provisions of Chapter 17.37 of the Port Angeles Municipal Code.
B. Floor area ratio (FAR): The gross floor area of all buildings or structures on a lot divided by the total
lot area.
C. Green roof: A roof that is partially or completely covered with vegetation and a growing medium planted
over a waterproofing membrane. A green roof is primarily a stormwater management element but may also improve a site's aesthetic qualities.
D. Impervious area: All hard surface areas that impede infiltration of rainfall into the underlying soil profile. These surfaces include but are not limited to, compacted soil, asphalt concrete pavement, cement
concrete pavement, roofs, and gravel paved areas. Green roofs and minimal excavation foundations subject to conformance with applicable Department of Ecology Best Management Practices (BMPs),
are not included in the total impervious area calculation.
(Ord. 3508 § 1, 6/3/2014)
17.37.040 - Permitted modifications of land use regulations.
The approval of an MCO may include modifications to the requirements and standards of the underlying
land use regulations of the zone in which the project is located (see PAMC section 17.94.010 for parcels
with more than one zone) subject to the limitations of this chapter; however no approval shall include a modification, variance, or waiver of the requirements of the Shoreline Master Program except as provided
in Chapter 173-14 WAC. Modifications to the requirements of Title 15 PAMC (Environmentally Sensitive Areas Protection) must meet the standards of that chapter.
A. On-site parking requirements shall be consistent with Title 14 of the Port Angeles Municipal Code. Parking requirements shall be evaluated for the entire project rather than for individual uses or
structures. Shared parking for a variety of campus land users will be considered in review of this requirement.
B. A height bonus (height allowed over that permitted by the underlying zone) shall be limited to a maximum of 45 feet, or one additional story, whichever is the least under the following circumstances:
1. When below grade parking is created, the combined floor area of any floor above 35 feet is
limited to 125 square feet times the number of underground parking spaces provided.
2. When open space elements are increased above the minimum required, a ratio of one
square foot of bonus height floor area for each square foot of open space will be allowed.
Page 24
3. Bonus height floor area may be increased by one square foot for each square foot of green vegetated roof created by the project.
C. Every structure shall be set back from exterior property lines per the underlying zone, except for structures exceeding 35 feet in height. Exterior setbacks for portions of a structure exceeding 35
feet in height shall be increased by two feet for each one-foot increase of building height over 35 feet.
D. A detailed sign plan shall be submitted as part of the project master plan for approval.
1. All signs proposed in the MCO shall comply with the provisions of Chapter 14.36 PAMC,
Sign Ordinance.
2. Sign design shall be coordinated throughout the development.
E. Parking areas and facilities, trash and refuse storage areas, ventilating mechanisms and other noise-generation or odor-generating equipment, fixtures, or facilities shall be located so as to
minimize noise and odor impacts on the surrounding area. The Director may require measures such as landscaping, sound barriers, fences, mounding or berming, adjustments to parking
location or setback standards, design modification, limits on hours of operation or other similar measures to mitigate impacts.
F. Required landscaping shall be compatible with neighboring properties. Landscaping shall be required to reduce the potential for erosion or excessive stormwater runoff, to minimize coverage
of the site by impervious surfaces, to screen parking, or to reduce noise or the appearance of bulk and scale. Specific requirements of the landscape plan are found in subsection 17.37.090.F.
1. An MCO shall retain a minimum 20 percent of the development as open space/landscaping.
a. The open space counted toward this set-aside shall not include green vegetated roofs
that are inaccessible to the general public, right-of-way landscaping including, tree lawns (street tree plantings), parkways, or landscaped traffic islands except where plans
vacate these public areas.
b. Inherently unbuildable areas such as wetlands, floodplains, or other environmentally
sensitive areas and buffers may be included in open space requirements. Where such areas exist, limited density transfer calculations per subsection 15.24.070.G. PAMC
may be applied.
c. Open space areas may include stormwater detention areas or landscaped swales, or
vegetated roofs that are accessible to the general public.
2. "Streetscaping" refers to urban roadway design and conditions as they impact the diverse
range of street users and nearby residents. Streetscaping is an important component of the public realm, which helps define a community's aesthetic quality and identity.
a. Streetscaping shall include shade trees planted between streets and sidewalks. Trees shall be chosen to maximize mature tree canopy and be planted at a spacing
appropriate to the approved tree species.
b. Landscape plans shall provide an adequate soil volume to support the mature trees in
a sustainable healthy condition. Use of rigid cell systems are encouraged to provide adequate soil volume.
c. Streetscaping shall be designed to provide easy pedestrian access between street parking and the sidewalk.
3. Traffic and parking impacts shall be minimized. Common parking and landscaped areas shall be maintained as an integral part of the site and may not be segregated as a separate parcel
or parcels.
4. All MCOs shall be designed such that proposed structures blend into the character of the
surrounding neighborhood.
Page 25
a. Loading areas. All loading areas shall be oriented and/or screened so as to be unobtrusive from the adjacent streets or properties.
b. Trash enclosures. Trash receptacle areas shall be enclosed by a six-foot-high privacy fence or masonry wall with gates.
5. All MCOs 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 MCO in form and manner acceptable to the City.
6. Platting shall be required for all projects that involve or contemplate the subdivision of land.
Lots in a platted MCO may not be sold to separate owners. No further subdivision of land within the MCO will be permitted unless a formal amendment to the MCO is approved.
7. For any underlying land use regulatory process that is consolidated through the MCO 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 an amendment to the MCO.
G. To encourage design flexibility, and innovations that result in a higher quality environment than traditional subdivisions, site planning and architectural review that address specific criteria are
required of all development in the MCO. Where applicable, the design of MCOs shall accomplish the following to the greatest extent possible:
1. Provide amenities, including LID facilities, that complement the surrounding environment;
2. Provide a walkable, active and transit-oriented environment that may include bicycle or
pedestrian paths, proximity to public transit, children's play areas and common open space areas;
3. The design of all open space areas and built structures shall be compatible with and complementary to the environment in which they are placed.
H. Public art shall be included in all MCO proposals. A minimum value of one percent of the project value, to a maximum value of $50,000.00 is required of all MCO project proposals.
I. All MCOs shall comply with the goals and policies of the Port Angeles Comprehensive Plan.
(Ord. 3508 § 1, 6/3/2014)
CHAPTER 17.40 - PBP - PUBLIC BUILDINGS - PARKS
17.40.060 - Minimum yard requirements.
A. Minimum lot area: None.
B. Minimum lot width: None.
C. Setbacks: Minimum yard setbacks shall be no less than the adjacent zoning requirements, except that in the event the adjacent zone is PBP, setbacks shall be zero feet. No structure shall be placed within
15 feet of an alley.
D. Maximum lot coverage: 50 percent.
E. Maximum building height: 35 feet. In order to reduce impervious surfaces, building height may exceed the standard in the underlying zone to a maximum of twenty percent; provided that the project design
protects adjacent uses both inside and outside of the development site from adverse impacts on privacy, light, air and significant public views. An increase in building height must be shown to reduce
site coverage by a similar percentage.
Page 26
(Ord. 2977 § 1 (part), 12/26/1997; Ord. 2749 § 1, 2/26/1993; Ord. 2668 § 7 (part), 1/17/1992;
Ord. 1709 § 1 (part), 12/22/1970)
17.40.065 - Design and landscaping.
A. All outdoor storage areas shall be screened from public view from public rights-of-way and abutting property by a sight-obscuring fence six feet in height; except sanitation receptacles associated with
mechanized collection.
B. All lighting on the site shall be directed or shaded so as not to shine directly on adjoining non-
commercial property.
C. A visual screen consisting of solid fencing, landscaping, or other materials, shall be provided in the
yard abutting residentially zoned land. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge of at least six feet mature height within
three years of the planting date, except that approved vehicle driveways to an alley shall not be obstructed; and except that sanitation receptacles associated with mechanized collection shall not be
obstructed.
D. All required parking areas shall include tree landscaping of at least one tree such that the tree canopy
covers at least 20 percent of the total paved area after a period of 5 years, for each group of six or fewer parking spaces with a minimum of two (2) trees, exclusive of any required perimeter landscaping.
Vegetation within LID facilities may be used to meet landscaping requirements. [Illustration - 11 parking spaces requires two trees; 12 spaces requires two trees; 13 spaces requires three trees.] The trees
shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet
at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic
Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070 and 15.20.080 PAMC for appropriate pruning and vegetation management techniques. To
ensure survivability of vegetation and tree coverage goal, a 5-year bond or other surety for 5% of the total landscape project costs shall be required.
(Ord. 2977 § 1 (part), 12/26/1997)
CHAPTER 17.44 - PLID - PLANNED LOW IMPACT DEVELOPMENT OVERLAY ZONE
17.44.015 - Definitions.
A. Floor area ratio (FAR): The gross floor area of all buildings or structures on a lot divided by the total
lot area.
B. Impervious area: Impervious areas include all hard surfaces that impede infiltration of rainfall into the
underlying soil profile. These surfaces include but are not limited to compacted soil, asphalt concrete pavement, cement concrete pavement, roofs, and gravel paved areas. Green roofs and minimal
excavation foundations, subject to conformance with applicable Department of Ecology BMPs, are not included in the total impervious area.
BC. Neighborhood density: The number of dwelling units per acre allowed by a zone or zones.
CD. Planned Low Impact Development (PLID): A site specific development that has been approved by the
City Council under the provisions of Chapter 17.44 of the Port Angeles Municipal Code.
DE. Townsite block: A block of 500-foot by 300-foot dimension or 3.44 acres as created by the original
platting of the Townsite of Port Angeles.
Page 27
E. Critical Root Zone (CRZ): Minimum area of protection around the trunk of a tree. The CRZ is based
on the area that results from measuring, at diameter breast height (DBH) or 4.5 feet above the ground, 1.5 feet outwards from the trunk for every inch of trunk diameter.
(Ord. 3293, 8/31/2007)
17.44.025 - Performance standards.
A. Conformance to the following criteria is required for all developments reviewed under the provisions
of this chapter:
TABLE 17.44.025-11,2,3,4
Maximum
Detention
Structure
Reduction
(Infiltration
0.30 in/hr)5,6
Maximum
Detention
Structure
Reduction
(Infiltration
of > 0.30 in/hr)5,6
Minimum
Vegetated
Open
Space71
Maximum
Impervious
Surface
Area82
Urban Residential < 6.22
Dwelling Units per Acre 50% 60% 35% See Table
17.44.025-2
Urban Residential >6.22
Dwelling Units per Acre 50% 60% 20% See Table
17.44.025-2
Multi-Family9,103,4 40% 80% 20% See Table
17.44.025-2
Table 17.44 025 Notes.
1 LID projects shall meet the minimum peak and duration flow controls standards per the
Department of Ecology Stormwater Management Manual for Western Washington, current edition.
2 Flow control facilities may be reduced in size through compliance with the most current version of the Stormwater Management Manual For Western Washington Appendix III-C.
3 Water quality treatment BMPs shall be provided to treat 91 percent of the annual runoff volume per the Department of Ecology standards.
4 All site soils disturbed during construction shall be rehabilitated to the specifications of the most current version of the Stormwater Management Manual For Western Washington.
5 The volume reduction in Table 17.44.025-1 represents a reduction as compared to the volume needed for a detention pond serving a standard development.
Page 28
6 Infiltration rates are as measured in the field at the proposed PLID location using techniques recommended in the Stormwater Management Manual for Western Washington and the Low
Impact Technical Guidance Manual for Puget Sound.
17 Vegetated open space includes native, undisturbed areas, or rehabilitation of previously
disturbed areas. Vegetated open space may integrate passive recreation facilities. Active recreation areas shall not count towards vegetated open space total.
28 Impervious areas include all hard surfaces that impede infiltration of rainfall into the underlying soil profile as defined in Section 17.44.015 E17.08.
39 Multi-family projects are those projects containing more than two dwelling units attached in a single structure, regardless of ownership mechanism.
410 Multi-family and commercial projects must use pervious permeable pavement for at least 20 percent of all paved surfaces, where feasible.
B. Additional requirements:
1. All projects with Type A (outwash) soils shall infiltrate 100-percent of runoff.
2. All PLID projects shall provide a maintenance plan/program for the low impact development stormwater facilities and techniques that have been approved by the City and meets the
stormwater requirements for new development and redevelopment projects in Chapter 5 and 6 of the City of Port Angeles Urban Services Standards and Guidelines manual most current version
of the Stormwater Management Manual for Western Washington.
(Ord. 3293, 8/31/2007)
17.44.050 - Design and development standards.
The following design objectives are included in the PLID standards:
A. Lot size. Minimize area of site disturbance. The minimum lot size of the underlying zone may be
modified to achieve the goals in section 17.44.010 PAMC.
B. Lot width. Minimize street length. The minimum lot width of the underlying zone district may be
modified to achieve the goals in section 17.44.010 PAMC.
C. Building height. Minimize building footprint. Building height may exceed the standard in the
underlying zone to a maximum of ten twenty percent; provided that the project design protects adjacent uses both inside and outside of the PLID from adverse impacts on privacy, light, air and
significant public views.
D. Building setbacks. Minimize impervious surfaces. The zoning setbacks may be modified to
achieve the goals in section 17.44.010 PAMC.
E. Site coverage. Minimize impervious surfaces. The total impervious area (TIA) of the site shall be
limited to those allowed in Table 17.44.025-2. Additional coverage of the site shall be with pervious materials only. Any impervious area that is isolated by a minimum of 100 feet of native
vegetation and is drained using approved dispersion techniques through the native vegetation area shall not be considered in the limit.
F. The following standards shall apply to all PLIDs:
1. All street and utility improvements shall be constructed to standards specified by the City of
Port Angeles. Private street widths may vary from widths required in the Subdivision Regulations, and interior streets may be either public or private. Streets intended to be
Page 29
dedicated to the City must meet minimum standards set forth in the City of Port Angeles Urban Standards and Guidelines manual.
2. All PLIDs shall provide for continuous and perpetual maintenance of stormwater management facilities, common open space, common recreation facilities, private roads,
utilities, parking areas and other similar development within the boundaries of the PLID in a form and manner acceptable to the City.
3. PLIDs that are not accompanied by a concurrent subdivision or short subdivision approval, shall record an easement or covenant against the land title to ensure that the low impact
development features are protected.
4. Platting shall be required for all projects that involve or contemplate the subdivision of land.
Lots in a platted PLID may be sold to separate owners. No further subdivision of land within the PLID will be permitted unless a formal amendment to the PLID is approved.
5. 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), small scale commercial uses allowed in the Commercial Neighborhood (CN) zone and serving nearby residences may be considered for
conditional use permit(s) during the PLID approval process. No further conditional use permits except home occupations, will be permitted within the PLID unless a formal
amendment to the PLID is approved.
6. For any underlying land use regulatory process that is consolidated through the PLID 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 PLID.
7. To encourage design flexibility, conservation of natural amenities and innovations that result
in a higher quality residential environment than traditional subdivisions, comprehensive site planning is required of all development in the PLID. Where applicable, the design of PLIDs
shall accomplish the following to the greatest extent possible:
a. 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;
b. Preserve scenic view corridors, both internal and external to the site to the greatest extent possible;
c. The design of all open space areas and building structures shall be compatible with and complementary to the environment in which they are placed.
8. All PLIDs shall comply with the goals and policies of the Port Angeles Comprehensive Plan.
9. The location of all streets, buildings, parking areas, pedestrian, bicycle and vehicular ways,
and utility easements shall be designed to promote public safety, compatibility of uses, minimize effective impervious surface, preserve forested open space, and complement
predevelopment site characteristics such as topography, soils, hydrology, and other natural features.
10. All PLIDs shall comply with the stormwater requirements for new development and redevelopment projects in Chapter 5 and 6 of the City of Port Angeles Urban Services
Standards and Guidelines manual.
(Ord. 3293, 8/31/2007)
17.44.060 - Site assessment.
Page 30
Low impact development site design is intended to mimic the predevelopment hydrologic conditions on the site. The development context shall be established by an initial site assessment consistent with the
requirements of section 17.44.160 PAMC. Site assessment and feasibility of LID BMPs shall be determined per Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual. The initial
inventory and assessment process will provide the baseline information necessary to design strategies that preserve natural resources, preserve area s most appropriate to evaporate, transpire, and infiltrate
stormwater, and achieve the goal of maintaining pre-development natural hydrologic conditions on the site. The assessment will result in a series of maps identifying streams, lakes, wetlands, buffers, steep slopes,
and other hazard areas, significant wildlife habitat areas, and permeable soils offering the best available infiltration potential. Maps can be combined as hard copies or as GIS layers to delineate the best areas to
locate development. Those areas designated most appropriate for development, which will contain all impervious surfaces and landscaped areas on the site, should be configured to minimize soil and vegetation
disturbance, buffer critical areas, and take advantage of a site's natural stormwater processing capabilities. Designated development area boundaries shall be delineated on site plans and identified on the site during
site preparation and construction. Areas outside of the designated development area envelope shall be designated protected native growth areas or reserve areas.
Sites located in close proximity to the marine bluff, steep slopes, or landslide hazard areas may be considered inappropriate for PLID due to conditions whereby the use of infiltration of stormwater may result
in unstable soil conditions.
(Ord. 3293, 8/31/2007)
17.44.080 - Native soil protection and amendment.
A. The duff layer and native topsoils shall be retained in an undisturbed state to the maximum extent
practicable. Any duff layer or topsoil removed during grading shall be stockpiled on-site in a designated, controlled area not adjacent to public resources and critical areas. The material shall be
reapplied to other portions of the site where feasible.
AB. Except as otherwise provided in subsection 17.44.080.C., areas that have been cleared and graded
or subject to prior disturbance shall be amended meet the post-construction soil quality and depth requirements in the Department of Ecology’s SWMMWW (2014), or most recent update. Prior
disturbance shall include soil compaction or removal of some or all of the duff layer or underlying topsoil. The amendment shall take place between May 1 and October 1. Replaced topsoil shall be a
minimum of eight-inch depth, unless the applicant demonstrates that a different thickness will provide conditions equivalent to the soil moisture holding capacity native to the site. Replaced topsoil shall
have a minimum organic content of ten percent dry weight and a pH between 5.5 and 7.0. The intent of amending disturbed soils is to restore the moisture holding capacity of the original undisturbed native
soil to the maximum extent practicable.
BC. This section does not apply to areas within the dripline Critical Root Zone (CRZ) of trees proposed for
retention, or that, at project completion, are covered by an impervious surface, incorporated into a drainage facility or engineered as structural fill or slope. Mulch shall be applied to any area within the
CRZ or dripline of trees where the duff layer and organic matter are removed.
(Ord. 3293, 8/31/2007)
(Ord. 3293, 8/31/2007)
17.44.120 - Circulation and access.
A. Circulation and access provisions shall be appropriate to the scale of the project and to anticipated
traffic characteristics, and consistent with the requirements of City of Port Angeles road standards.
Page 31
Deviations from the City of Port Angeles Public Works standards may be granted subject to the following criteria:
1. Approval by the City of Port Angeles Public Works and Utilities and Fire Departments;
2. A vegetated bioretention facility swale with compost amended soils shall be provided within the
right-of-way or in islands created by loop roadways. If a bioretention facility is not feasible, other LID facilities may be considered.
B. Loop roadways are encouraged to minimize impervious surfaces, facilitate emergency vehicle access, and provide vegetated areas to help manage stormwater.
(Ord. 3293, 8/31/2007)
17.44.130 - Parking.
Parking space requirements shall conform to the requirements of Chapter 14.40. If parking cannot be accommodated on site, common parking areas must be incorporated on approved privately maintained
easement areas using pervious surfacing materials permeable pavement where feasible.
(Ord. 3293, 8/31/2007)
17.44.140 - Alternative surfacing methods.
Alternative surfacing including, but not limited to: paving blocks, bark or wood mulch, turf block, pervious concrete, porous asphalt, plastic or other material grid systems, and other similar approved materials are
encouraged and may be approved for appropriate applications. Alternative surfacing methods may be approved for parking areas, emergency parking areas, private roads, fire lanes, road shoulders, bike paths,
walkways, patios, driveways, and easement service roads where appropriate unless site constraints make use of such materials detrimental to water quality. Utilization of alternative surfacing methods shall be
subject to review and approval by the City of Port Angeles Public Works and Utilities Department and Fire Marshal for compliance with other applicable regulations and development standards. Surfaces that comply
with this section shall not be considered impervious surfaces under Section 17.44.020 PAMC.
(Ord. 3293, 8/31/2007)
17.44.160 - Site assessment and concept plan.
The site design process for a PLID begins with an in-depth site assessment. The site assessment shall be
a component of the project submittal. The site assessment shall include, at a minimum, the following:
A. A site map prepared by a registered land surveyor, registered civil engineer or other professional
licensed to conduct surveys showing location of all existing lot lines, lease areas and easements, and the location of all proposed lot lines, lease areas, and easements, existing public and private
development, including utility infrastructure, on and adjacent to the site, major and minor hydrologic features, including seeps, springs, closed depression areas, drainage swales, and
contours as follows:
1. Up to ten percent slopes, two-foot contours.
2. Over ten percent to less than 20 percent slopes, five-foot contours.
3. 20 percent or greater slopes, ten-foot contours. Spot elevations shall be at 25 foot intervals.
B. A soils report prepared by a geotechnical engineer or engineering geologist licensed in Washington State. The report shall identify:
Page 32
1. Underlying soils on the site utilizing soil pits and soil grain analysis to assess infiltration capability on site. The frequency and distribution of soil pits shall be adequate to direct
placement of the roads and structures away from soils that can most effectively infiltrate stormwater.
2. Topographic features that may act as natural stormwater storage or conveyance and underlying soils that provide opportunities for storage and partial infiltration.
3. Depth to groundwater.
4. Geologic hazard areas, stream ravines, the marine bluff and associated buffer requirements
as defined in Chapter 15.20 PAMC.
C. A survey of existing vegetation cover by a landscape architect licensed in Washington, arborist,
or qualified biologist identifying any forest areas on the site, species and condition of ground cover and shrub layer, tree species, and canopy cover percentage.
1. The vegetation survey may take the form of:
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 12 inches in trunk diameter measured at four feet above the
ground as determined by DCED in those areas where improvements are proposed.
2. General wooded areas where no improvements are proposed will require a vegetation
survey containing the following elements:
a. A mapping of the extent of the wooded areas with survey of perimeter trees only.
b. A narrative regarding the types (species) and condition of the trees and under-story in the wooded area.
c. Identification of trees that are unusual or fine specimens of their species.
d. In general wooded areas where minor improvements are proposed, a survey of trees
over 12 inches in trunk diameter measured at four feet above the ground will be required to a reasonable distance around the improvements.
E. A survey of wildlife habitat by a qualified biologist.
F. A streams, wetland, and water body survey and classification report by a qualified biologist
showing wetland and buffer boundaries consistent with the requirements of Chapter 15.20 PAMC and 15.24 PAMC, if present.
G. Flood hazard areas on or adjacent to the site, if present.
H. Any known historic, archaeological, and cultural features located on or adjacent to the site, if
present.
(Ord. 3293, 8/31/2007)
17.44.180 - Application materials required.
The application for a PLID 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.
Page 33
B. A narrative explaining the proposed use or uses of the land and building, including the proposed number of dwelling units by type, such as single-family detached, row housing, or apartments and
information on any special features, conditions of which cannot be adequately shown on drawings and an explanation of covenants, continuous maintenance provisions, and/or homeowners
association for the project. The narrative shall include information explaining how 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 and how the
proposed development will be compatible with adjacent, existing, and future developments.
C. A survey of the property containing the information required in section 17.44.160.A. through H,
plus:
1. Existing buildings or structures;
2. Existing streets, utility easements, rights-of-way;
3. Existing land uses.
D. Preliminary site plans showing the following:
1. Location and dimensions of proposed buildings, building setbacks, open space, recreation
areas, parking areas, and circulation patterns;
2. Landscape areas and landscape areas used for stormwater management.
E. 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 area;
c. Parking lot and other impervious areas;
d. Any areas paved with permeable paving systems;
3. Total area in lots and area of individual lots;
4. Number of residential units proposed;
5. Total number of lots being created;
6. Density of site expressed as residential units per acre.
F. Landscape plan including a tree planting plan and a tree protection plan for existing vegetation.
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 for environmentally sensitive areas, the site plan application shall contain specific information relating to the additional density credit
criteria of section 15.20.070 and 15.24.070.
I. A preliminary utilities plan, including fire hydrant locations.
J. A preliminary storm drainage plan Small Project Stormwater Plan or Large Project Stormwater Plan that meets chapter 5 the City of Port Angeles stormwater management Urban Services
Standards and Guidelines manual, site development standards and NPDES permit requirements.
K. An off-street parking plan and circulation plan showing:
Page 34
1. All means of vehicular and pedestrian ingress and egress to and from the site;
2. Number and location of off-street parking spaces;
3. Size and location of driveways, streets, sidewalks, trails, and parking spaces;
4. Any new traffic control devices required for the safety of the project must be shown.
L. Mailing labels of property owners within 300 feet of the proposed project pursuant to section 17.96.140 PAMC.
(Ord. 3293, 8/31/2007)
17.44.190 - Supplemental information.
A. A complete State Environmental Policy Act (SEPA) checklist.
B. A traffic study prepared by an engineer licensed in Washington State, if required by the Public Works
and Utilities Department at the preapplication conference. The traffic study does not need to be submitted with the application if an environmental impact statement is being prepared for the project
and a traffic study will be completed for the EIS. This does not preclude the possibility that a traffic study may be required at a later stage in the process.
C. The proposed method of providing long-term maintenance of improvements or facilities, including roads and sidewalks, drainage, on-site fire protection improvements, water and sanitation systems,
and community or public open space. The purpose is to identify the method of maintenance, not to require detailed agreements. Maintenance criteria for stormwater treatment and flow control facilities
and LID BMPs shall be per Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual.
D. If the maintenance is to be provided privately, the developer shall indicate the organization to be established to provide the maintenance, and the method and approximate amount of funding required.
E. Draft instruments for permanent preservation of protected native growth areas and maintenance of low impact development drainage facilities.
(Ord. 3293, 8/31/2007)
17.44.240 - Final approval of PLID.
Application for final approval of a PLID shall be submitted to City Council within two years of the preliminary
development plan approval; provided that for phased PLID's each phase shall have an additional one-year period for final approval; and provided further that an applicant may apply to the Planning Commission, and
the Commission may approve, one or more one-year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by the Planning Commission and
City Council. The application for final approval must be made by the owners of the entire site and shall include the following:
A. A title report showing record ownership of the parcel or parcels upon which the PLID is to be developed.
B. Adequate assurance for the retention and continued maintenance of stormwater management facilities, common open space, recreation facilities, and recreation structures. If development is
to be done in phases, each phase must meet this requirement.
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 this requirement.
Page 35
D. Final development plans that shall be in compliance with the approved preliminary development plans.
E. Final corrected plans (“as-builts”) that are stamped, signed, and dated by a licensed engineer registered in the state of Washington that accurately represent the stormwater infrastructure
installed including bioretention facilities, permeable pavement, vegetated roofs, rainwater harvesting systems, and/or newly planted or retained trees for which a flow reduction credit was
received.
FE. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.08 PAMC.
GF. Development schedule.
HG. If bonding is proposed, the bond or other form of security acceptable to the City in an amount
equal to 150 percent of the approved engineering estimate for the required improvements to complete the project or submitted phase, as required by the City.
IH. Covenants, conditions and restrictions and/or homeowners' association agreement.
JI. Mailing labels of property owners within 300 feet of the proposed project pursuant to section
17.96.140 PAMC.
(Ord. 3517 § 6, 10/21/2014; Ord. 3293, 8/31/2007)
CHAPTER 17.45 - IOZ - INFILL OVERLAY ZONE
17.45.090 - Application procedure.
The application for an IOZ 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 use or uses of the land and building, including the proposed number of dwelling units by type, such as single-family detached, row housing, and apartments;
documentation of smart growth practices, infill, utilization of existing infrastructure, walkability, and orientation to transit; inclusion of attainable housing and mechanisms for perpetuity;
information on any special features, conditions of which cannot be adequately shown on drawings; and an explanation of covenants, continuous maintenance provisions, and/or
homeowners association for the project.
C. A survey of the property showing existing features, including contours at five-foot intervals,
buildings, structures, streets, utility easements, rights-of-way, environmentally sensitive areas, and existing land uses.
D. Preliminary site plans showing existing and proposed contours at five-foot intervals, location and dimensions of buildings, open space, recreation areas, parking areas, circulation, landscape
areas, subdivision platting and general arrangement.
E. 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;
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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. Landscape plan showing:
a. Common open space area, including any LID facilities (must be five percent of site);
b. Detailed specifications of trees and landscaping on site;
5. Number and location of off-street parking;
6. Number of residential units proposed and approximate square footage;
7. Total number of lots being created;
8. Density of site expressed as residential units per acre.
F. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
G. If a developer elects to obtain additional density credits, the site plan application shall contain specific information relating to the additional density credit criteria of sections 15.20.070 and
15.24.070.
H. Preliminary elevation and perspective drawings of project structures.
I. A preliminary utilities plan, including fire hydrant locations.
J. A preliminary storm drainage plan with calculation of impervious areas.
K. An off-street parking plan and circulation plan showing all means of vehicular and pedestrian ingress and egress to and from the site; and size and location of driveways, streets, sidewalks,
trails and parking spaces. Any new traffic control devices required for the safety of the project must be shown.
L. Mailing labels of property owners within 300 feet of the proposed project pursuant to section 17.96.140 PAMC.
(Ord. 3390 § 10, 1/30/2010; Ord. 3294, 8/31/2007)
17.94.100 - Driveways.
Width, location, and number of curb-cuts for driveways per lot shall be determined by standards designed by the City's Department of Public Works and Utilities as specified in the City of Port Angeles Urban
Services Standards and Guidelines manual.
(Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 11, 1/3/1983; Ord. 1709 §
1 (part), 12/22/1970)
17.94.130 - Lot coverage exemptions.
The following shall be exempt from the maximum lot coverage requirements of any zone:
A. Sidewalks, driveways, and uncovered off-street parking spaces.
B. The first 30 inches of eaves.
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C. Uncovered swimming pools and hot tubs.
D. Uncovered, unenclosed decks and platforms not more than 30 inches above grade.
E. Systems that allow the infiltration of stormwater into the underlying soils, such as permeable pavement and bioretention facilities, are not counted against lot coverage calculations.
1. On-site infiltration methods shall be evaluated individually by the Public Works and Utilities Department for effectiveness of reducing impact from stormwater. Applicants applying this
exemption will be required to provide an operations and maintenance plan for approval.
2. All applicants seeking exemptions under this subsection are required to provide
documentation from a certified engineer demonstrating the appropriateness of site conditions for use of pervious systems and participate in a pre-application project review
meeting with City staff.
(Ord. 3343 § 9, 1/1/2009; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2488 § 1 (part), 5/27/1988; Ord. 2238 § 14, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
17.94.135 - Site coverage exemptions.
The following shall be exempt from the maximum site coverage requirements of any zone:
A. Systems that allow the infiltration of stormwater into the underlying soils, such as permeable pavement and bioretention facilities, are not counted against exempt from the maximum site
coverage calculations requirements of any zone. On-site infiltration methods shall be evaluated individually by the Public Works and Utilities Department for effectiveness of reducing impacts
from stormwater. Applicants applying this exemption will be required to provide an operations and maintenance plan for approval.
B. All applicants seeking exemptions under this subsection are required to provide documentation from a certified engineer demonstrating the appropriateness of site conditions for use of pervious
systems and participate in a pre-application review meeting with City staff.
(Ord. 3343 § 9, 1/1/2009)
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1
Allyson Brekke
From:John Ralston <jmralston53@hotmail.com>
Sent:Saturday, September 10, 2016 1:58 PM
To:Benjamin Braudrick; Allyson Brekke; Nathan West
Subject:Stormwater comments
Dear City staff and Planning Commission,
I believe the proposed changes to the City code as far to extreme. The State of WA Dept. of Ecology has little
or no consideration for the soil conditions nor number of steams we have in Port Angeles. The costs to
implement these revisions are difficult to absorb in a community whose economy and population growth is
flat. These related costs can more easily be absorbed in the I‐5 corridor where demand for housing is growing.
1. I believe the City will and must adopt something, however I would suggest a much more modest code
change.
2. Education, which is a mandate, must be in the forefront.
3. Realize code enforcement will be difficult, costly and sometimes confrontational.
4. I believe the authors, with the assistance of Herrera, went above and beyond want could be acceptable.
5. Some examples;
a) 17.30.080/17.31.090/17.32.080‐ all relate to setbacks/buffers. WHY ? the answer I received fro City Staff
was not acceptable
b) several others I will "generically" mention at the public meeting
c) GWCG
6. The Million dollar question, 9th and Lincoln, 14th west of N, apartment project.
I want to Thank the City staff and Planning Commission for their assistance.
Sincerely
John Ralston
PO Box 898
PA