HomeMy WebLinkAboutPC Agenda Packet 04242024
REGULARMEETINGAGENDA
PLANNINGCOMMISSION
April24,2024
6:00 - 8:00PM
Noticeishereby given that the PortAngeles Planning Commissionwillmeet on Wednesday,April
th
24, 2024, starting at 6:00 p.m. in the City Council Chambers in City Hall located at 321 E. 5
Street, Port Angeles, WA.This meeting will be conducted as a hybrid meeting.In hybrid
meetings,members of the public, Committeemembers,andCitystaffhave the option toattendthe
meetingin person atCityHall or remotely through the Webex virtual meetingplatform.Forthose
planning toattendremotely,learn how towatchthemeetingliveandparticipate during the public
comment period by visiting: https://www.cityofpa.us/Live-Virtual-Meetings.
For audio only pleasecall: 1-844-992-4726
Use access code: 2550 853 9820
Webinar password: xCUPpkQW242 (92877579 from phones and video systems)
Once connected press *3 to raise your virtual hand, if you wish to make a comment or public
testimony.Youwill be notifiedwhenitis your turn tospeak.Thisaccess code will only workfor
the April 24, 2024 meeting.
If you are joining the meeting through the Webex link and wish to make a comment or provide
public testimony,please use the “raise your hand” featureinWebex.Youwill be notifiedwhenit
is your turn to speak.
VirtualWebex Meeting Link:
https://cityofpa.webex.com/cityofpa/j.php?MTID=m38f0903209fbad9aa75dcca595a34d18
Themeeting is open tothepublic.
I.CALLTOORDER
II.ROLLCALL
III.PLANNINGCOMMISSIONEROATHOFOFFICE
IV.PUBLICCOMMENT
V.APPROVALOFMINUTES
Minutes of the March 27, 2024 RegularMeeting
VI.ACTION ITEMS/DISCUSSION ITEMS/PUBLICHEARING
1.Discussion Item: Best Practices in Meeting Minutes and Documentation of
Commission Actions
Planning Commission requested presentation by the City Clerk on board and
commission minute-taking best practices.
2.Discussion Item: Comprehensive Plan Periodic Update Scope of Work
Staff presentation of the upcoming 2025 Comprehensive Plan Periodic Update Scope
of work and timeline.
3.Action Item: Nomination and Appointment of Comprehensive Plan
subcommittee member to fill vacant seat and selection of Subcommittee Chair
The Chair of the Planning Commission shall appoint the members of each standing or
special committee and shall name the chair of each committee. The members of each
standing committee shall be appointed at the first regular meeting in July for a term of
one year.
VII.STAFF UPDATES
1.UAC Joint Meeting Topics
2.Department of Commerce ShortCourse on Local Planning
3.Vacant and BlightedProperties
4.Municipal Code Update:Mobile/Itinerate Vendors
5.Municipal CodeUpdate: Temporary and Transitional Housing
6.Municipal Code Update: FEMA Floodplain Code Update
7.Olympic Peninsula TourismStrategic Master Plan
8.Hearing Examiner Codified Responsibilities
9.City Council Rules of Procedure and Chapter 2.36 – Planning Commission
10.Monthly Building Report
11.Monthly Housing Report
12.Monthly Builders Round Table Report
13.Monthly Natural Resources Report
VIII.REPORTS OF COMMISSION MEMBERS
1.Clallam County Housing Solutions Committee
IX.ADJOURNMENT
Approval of Minutes
, 2024
Regular Meeting
April 24, 2024 Planning Commission Agenda Packet Pg. 1
MINUTES
PLANNING COMMISSION
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REGULARMEETING
CALL TO ORDER
Chair Stanleyopened the meeting at 6:02 P.M.
ROLL CALL
Commissioners Present: Benjamin Stanley (Chair)
Tammy Dziadek
Anna Schorr
Marolee Smith
Holden Fleming
Danny Steiger
Colin Young
Commissioners Absent: None
City Staff Present: Ben Braudrick (Planning Supervisor)
Ethan Walker (Housing Administrator)
Will Habel (Natural Resources Associate Planner)
Chloe Bonsen (Associate Planner)
Jade Anderson (Community Development Technician)
Chris Cowgill (Assistant City Attorney) virtual
Public present: Susie Blake, John Ralston, James Taylor, Linda Carraux, Cindy
Perry, other unidentified members of the public
Public Commenters:Susie Blake,John Ralston,James Taylor, Linda Carraux, Cindy
Perry
Virtual:Jim McEntire, Richie Ahuja
PLANNING COMMISSIONER OATH OF OFFICE
The commissioners took an oath of office, with Commissioner Dziadek abstaining due to
concerns about the clarity of ordinances and bylaws.
PUBLIC COMMENT
Chair Stanley opened the meeting to general public comment.
April 24, 2024 Planning Commission Agenda Packet Pg. 2
Planning Commission Minutes
March 27, 2024
Page 2
The following individuals provided comment:
th
Susie Blake,city resident,spoke to the 8 Street paving project, foreseeing many
safety issues and concernswith the project affecting the neighborhood, noting a few
neighboring companies causing many parking issues.
James Taylor gave advice and encouragement to the new commissioners.
th
Linda Carraux, city resident, expressedher concerns regarding the 8 Street paving
project and how inadequate parking impacts the neighborhood.
Jim McEntire, c ounty resident, spoke about the parking inadequacies on the 8th Street
paving project.
Richie Ahuja, city resident, spoke aboutthe integrity of the Chair. He spokeabout his
concerns regarding the rezone REZ 24-4 and the negative impact it will have on our
community.
th
Street.
John Ralston expressed his concerns regardingthe parkinginadequacies on 8
He spoke about the short notice for contractors’ liability insurance increase, the short
notice toincreased building permit fees,and new energy code requirements. This
increases fees for the contractors which also increases the costs for homeowners.
Cindy Perry, city resident representing Laurel Lanes, spoke about the parking
th
Street. She stressed the need for the existing parkingallotted to
inadequacies on 8
them to remain, to keep the business operating.
Chair Stanley closed general public comment at 6:27P.M.
PLANNING COMMISSIONER INTRODUCTIONS
All commissioners briefly introducedthemselves and what led them to serveon the Planning
Commission.
APPROVAL OF MINUTES
Commissioner Dziadek declined to approve the minutes from the previous meeting due to her
excused absencenot being reflectedin the minutes.
Commissioner Fleming requested an opportunity forstaff to present to the Planning
Commission what the policies and procedures are for best practices and to reflect what is
typically present.
MOTION: Commissioner Fleming moved to approve the minutes from the February 28,
2024 regular meetingas presented tothe Planning Commission. Commissioner Young
seconded the motion. Motion carried unanimously, 4-0, through a consent vote with
Schorr, Fleming, and Steiger abstaining.
April 24, 2024 Planning Commission Agenda Packet Pg. 3
Planning Commission Minutes
March 27, 2024
Page 3
ACTION ITEMS/DISCUSSION ITEMS/PUBLIC HEARING
1.Action Item: Nomination and Election of 2024-2025 Chair and Vice Chair to the
Planning Commission
Chair Stanley introduced himself as the Chair, giving a brief background. He spoke on his
thoughts on his position as Chair of the Planning Commission. He expressed his concern for
the lack of information given by the Planning Commission in previous meetings.
Chair Stanley opened discussion for nominations for Chair and Vice Chair.
Commissioners discussed the relationship between the Chair and Secretary of the Planning
Commissionand how closely they work together on the agendaand what the expectations are
of each commissioner after they take the oath.
Commissioner Smith expressed her concern regarding the lack of information presented to
the Planning Commission on voting options for short-term rentals during the January 24, 2024,
regular meeting. She feels that the Chair’s role is to prevent that sort of confusion from
happening.
MOTION: Commissioner Fleming nominated Commissioner Young for Chair.
Commissioner Stanley seconded. Discussion between commissioners followed.
Commissioner Young accepted the nomination.Motion carried unanimously, 7-0,
through roll call vote.
Commissioner Fleming nominated himself as vice chair. Commissioner Young seconded.
Commissioner Smith nominated herself as vice chair. No second.
Chair Stanley opened up candidate statements.
Commissioner Fleming gave a brief background of serving for local government, knowledge
of Robert’s Rules of Order, and his overall experience that would benefit the Planning
Commission as Vice Chair.
CommissionerSmith gave a brief background of herself,her historical knowledge, and a
different perspective that would benefit the Planning Commissionas Vice Chair.
MOTION: ChairStanley moved to approve Commissioner Fleming as Vice Chair.
Motion carried, 4-3, through roll call vote.
2.Action Item: Appointment of Planning Commission Liaison to the Housing
Solutions Committee
Planner Braudrick briefly explained the need for a commissioner to serve as a liaison for
the Housing Solutions Committee and the expectations of the role of the liaison.
Chair Stanley opened up discussion for those who would like to serve in this capacity.
April 24, 2024 Planning Commission Agenda Packet Pg. 4
Planning Commission Minutes
March 27, 2024
Page 4
Commissioner Steiger expressed his interest and would like to be considered.
Commissioner Dziadek also expressed her interest in this role. Commissioner Schorr
volunteered but later excused herself from being considered as it was no longer needed.
Chair Stanley proposed that both members, Commissioner Steiger and Commissioner
Dziadek, work together.
MOTION: Chair Stanleymoved to have Commissioner Dziadek and Commissioner
Steiger be appointed together as liaisons to the Housing Solutions Committee. Seconded
by Commissioner Schorr. Motion carried unanimously, 7-0, through a consent vote.
ction Item: Nomination and Appointment of Comprehensive Plan subcommittee
3.A
members and selection of Subcommittee Chair
Planner Braudrick briefly explained the roles and requirements of the members appointed
to be involved with the Comp Plan and gave clear expectations of those appointed.
Commissioner Smith removed herself from the subcommittee,creating anadditional
vacancy on the Comprehensive Plan subcommittee.
Commissioner Dziadek has concerns that her schedule would interfere with the schedule of
the subcommittee.Chair Stanley would like the current members who are on the
subcommittee to remain active on the subcommittee through July 2024.
Chair Stanley opened up nominations.
Commissioner Young nominated Chair Stanley. Smith seconded.
Commissioner Schorr nominated herself. Dziadek seconded.
Commissioner Fleming excused himself from the nomination due to a conflict of
interest with his current employer being Clallam County and would like to refrain
from being put in an inappropriate position that would conflict with his oath of office.
Commissioner Schorr agreed to be Chair of the subcommittee.
MOTION: Commissioner Smith moved to table the action item and discuss further in a
future meeting. Chair Stanley seconded. Motion carriedunanimously, 7-0, through a
consent vote.
MOTION: Commissioner Fleming moved toexcuse Commissioner Dziadek from the
meeting so she could leave to take the paratransit. Chair Stanley seconded. Motion
carried unanimously, 7-0, through a consent vote.
April 24, 2024 Planning Commission Agenda Packet Pg. 5
Planning Commission Minutes
March 27, 2024
Page 5
4.Discussion Item: Comprehensive Planning and the Washington State Growth
Management Act Basics and Introduction
Planner Braudrick gave a brief history of comprehensive planning and the introduction of
the Washington State Growth Management Act. He expanded with a thorough overview of:
General Planning Goals of RCW 36.70A
Proposed outcomes of GMA
Mandatory and Optional Comp Plan Elements
Local Requirements such as Natural Resource and Critical Areas Protection
Local Project Review found in RCW 36.70B
Contents of RCW 36.70B and 36.70C which consists of local projects review and judicial
review of land use decisions.
Planner Braudrick continued with periodic updates from 1994-2023. Compared the
difference in growth between inside city limits and the UGA, providing aerial photos from
1994-2017, and introduced next steps and future plans for the Comp Plan.
Chair Stanley asked for clarification on public engagement and the Planning Commission’s
involvement with those outreach events. Discussion between the Chair and staff followed,
confirming that staff will be leading the outreach events with the appreciation of any
commissioner’s involvement or presence.
MOTION: Commissioner Flemingmoved toextend the meeting beyond 8:00 P.M. Chair
Stanley seconded. Motion carried, 6-0, through consent vote.
Commissioner Dziadek was excused from the meeting at 7:46 P.M
Recess at 7:54 P.M.Reconvened at 7:59P.M
5.Action Item: Utility Advisory Committee Joint Meeting
Planner Braudrick explained that ina previous meeting, it was requested that a joint
meetingbetween the Utility Advisory Committee and the Planning Commission be held to
discuss the correlation between housing and utilitiesand asked Chair Stanley for details
on proposed agenda items for that future joint meeting.
Chair Stanley touched onsomeissues and opened the floor to comments from
commissioners. Discussion between the commission and staff regarding next steps
continued.
STAFFUPDATES
1.Staff introductions
PlannerBonsen introduced herself, giving hereducational and experience
background.
April 24, 2024 Planning Commission Agenda Packet Pg. 6
Planning Commission Minutes
March 27, 2024
Page 6
2.Department of Commerce Short Course on Local Planning
Planner Braudrick invited and encouraged all Commissioners to attend the short
course.
3.Email and Communication Procedures
Planner Braudrick encouraged all commissioners to contactstaff during the day to
express their concerns. Any concerns, updates, ideas, and proposed future agenda items
are welcomeand are encouraged to be discussed with staff.
Commissioner Dziadek rejoined the meeting virtually at 8:18P.M
4.8th Street Paving Project
th
Planner Braudrick gave a brief update on the 8 Street paving project.
5.Environmental Plans
Planner Habel gave abrief presentation regarding plans for beginning restorations and
clearing out invasive species atthe Welcoming Vista and Websters Woods.
6.Short-term Lodging Ordinance Update
Planner Walker presented current short-term lodging plans and explained that staff is
currently working on fleshing out workflows and how it will all be implemented.
7.Monthly Building Report
Planner Walker gave a brief update on permitted building projects.
8.Monthly Housing Report
Planner Walker updated the Planning Commission on permitted housing projects,
including increased duplexes in the R7, Residential Mixed Density zoneand applicants
taking advantage of new programs.
9.Builders Round Table Update
Planner Walker introduced the Builders Round Table to new commissioners.
MOTION: Commissioner Flemingmoved tohave staff work with Planning
Commission members to provide an understanding of how minutes are taken, best
practices associated with agenda items, policies and procedures, practices of other
boards and commissions within the City, and to clarify what the Planning
Commissioner’s roles are. Seconded by Commissioner Dziadek. Motion carried, 7-0,
through consent vote.
April 24, 2024 Planning Commission Agenda Packet Pg. 7
Planning Commission Minutes
March 27, 2024
Page 7
REPORTS FROM COMMISSION MEMBERS
Commissioner Smith would like to discuss how c hurches can be allowed to have
temporary housing on the property. Requests thatit be put on a future agenda to discuss
options. Planner Braudrick gave information on the current plans for including
temporary/transitional housing in the work plan.
Commissioner Fleming introduced a planning magazine article and encouraged outside-
of-the-box thinking and designs to create new housing solutions and affordable housing.
Chair Stanley expressed concerns about the rezone proposal (No. 24-04) on Hwy101 and that
allowing thearea to be rezoned could negatively impact the area. He requested it be discussed
in a future meeting before the Hearing Examinermeeting, as it goes against the Comp Plan
goals. He also requested that we continue to rely on our current zoning map for comprehensive
planning and zoning.
ADJOURNMENT
Chair Stanleymoved to adjourn the meeting. Commissioner Smith seconded the motion.
The motion passed unanimously, 7-0, through consent vote.
The meeting was adjourned at 8:45 PM.
Jade Anderson, Secretary Benjamin Stanley, Chair
MINUTES PREPARED BY: Jade Anderson, Secretary
April 24, 2024 Planning Commission Agenda Packet Pg. 8
Discussion Item
2025 Comprehensive Plan
Periodic Update Scope of
Work
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Staff Updates
April 24, 2024 Planning Commission Agenda Packet Pg. 95
Date:April 16, 2024
To:City Council
From:Calvin W. Goings, Deputy City Manager
Ben Braudrick, Planning Supervisor
Subject:Vacant and Blighted PropertiesUpdate
Summary:Several City Council members have requested options for transitioning vacant and blighted
propertiesto more active uses.Ordinance 3728 directs City staff to work with the Planning Commission
on this issue.
Funding:Information only.
Recommendation:Information only.
Background / Analysis:Several City Council members have requested options for transitioning
vacant and blighted properties to more active uses.
OnMarch 6, 2024, the City Council approved Ordinance 3728. As part of this legislation, City staff is
directed to work with the Planning Commission to address vacant and blighted properties. Specifically:
Section 16.City staff is directed to prepare and deliver the following reports:
A.Vacant and Blighted Properties
As part of the 2025 Comprehensive Plan, the Directors of Finance, Community and Economic
Development, Public Works and Utilities, Police Chief, and City Attorney will present options
to the Planning Commission for encouraging the redevelopment of vacant and blighted
properties.
Communityand Economic Development staff have tentatively identified the June 26, 2024,meeting of
the Planning Commissionto kick off this discussion.Staff will provideperiodicupdatesto the City
Councilas this work with the Planning Commissionproceeds.
Councilhas previously indicated support for afee on vacant and blighted properties as one of six possible
future City revenue sources. As part of the discussion with the Planning Commission potential fees will
be discussed relevant to vacant and blighted properties with a recommendation that will move forward to
Council for consideration.
Additionally, at the August 22, 2023, meeting of the Utility Advisory Committee (UAC) a motion passed
(attached) 4-1 to recommend that the City Council adopt an ordinance that requires all vacant properties
with or withouta structure that are serviceablebyutilitiesto be charged the minimumutility base rate.
This memo is intended to be an update only.
Funding Overview:Information only.
Attachment: August 22, 2023, UAC Minutes
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Title 2 - ADMINISTRATION AND PERSONNEL
CHAPTER 2.18 HEARING EXAMINER
CHAPTER 2.18 HEARING EXAMINER
2.18.010 System established.
As authorized by RCW 35A.63.170, the City hereby establishes a hearing examiner system. This system vests in the
Hearing Examiner the power and authority to hear and decide those issues assigned to the Hearing Examiner in
this chapter. This system additionally vests in the Director of the City's Department of Community and Economic
Development ("the Director") the power and authority to hear and decide administratively those issues assigned to
the Director in this chapter.
(Ord. 3536 § 1, 5/19/2015)
2.18.020 Appointment.
A.Subject to City Council confirmation, the City Manager shall appoint the Hearing Examiner with regard only
for qualifications for the duties of the office.
B.The Hearing Examiner shall be an attorney in good standing, licensed to practice law in the State of
Washington or a Certified Professional Planner. Qualifications for the office of the Hearing Examiner are
expertise in land use law and planning, and the training and experience necessary to conduct administrative
or quasi-judicial hearings and issue decisions and recommendations on land use planning and regulatory
matters.
C.The Hearing Examiner shall be retained as an independent contractor pursuant to a contract approved by the
City Council. The term of appointment, compensation and other requirements shall be as established
pursuant to contract.
D.Unless the context requires otherwise, the term "Hearing Examiner" used in this chapter shall include
Hearing Examiners pro tempore.
(Ord. 3536 § 1, 5/19/2015)
2.18.030 Pro tempore appointment.
The City Manager shall appoint a Hearing Examiner pro tempore to serve whenever the Hearing Examiner informs
the City Manager that he or she cannot serve.
(Ord. 3536 § 1, 5/19/2015)
2.18.040 Limitations on appointment.
The Hearing Examiner may hold no other position in the City Government of Port Angeles or be an employee of, or
contractor for, any person under contract to the City of Port Angeles. The Examiner shall not be an elected or
appointed official who exercises his or her official authority within Port Angeles City limits or the City's UGAs.
(Ord. 3536 § 1, 5/19/2015)
Port Angeles, Washington, Code of Ordinances Created: 2023-10-24 15:38:18 \[EST\]
(Supp. No. 32)
Page 1 of 4
2.18.050Freedom from improper influence.
No person shall interfere with the Hearing Examiner in the performance of his or her designated duties. No person
shall attempt to influence or in any way interfere with the Examiner in the performance of his or her designated
duties. The Hearing Examiner shall comply strictly with the rules of Chapters 42.23 and 42.36 RCW. The Hearing
Examiner shall disqualify himself or herself if there exists any condition or situation that would result in an unfair
hearing, or an appearance of unfairness.
(Ord. 3536 § 1, 5/19/2015)
2.18.060Functions, issues and jurisdiction of the Hearing Examiner.
A. Review authority. The Hearing Examiner is hereby authorized and directed to hear and decide the following
matters:
1. Conditional use permits.
2. Unclassified use permits.
3. Subdivision applications:
a. Preliminary subdivision plats.
b. Preliminary binding site plans.
c. Major plat alterations.
d. Plat vacations.
4. Shoreline applications:
a. Substantial development permits - All applications except those deemed administrative actions
pursuant to subsection 2.18.065(5).
b. Conditional use permits.
c. Variances.
5. Variances.
6. Appeal Building Official determination.
7. Preliminary overlay-zones.
8. Approval of uses not expressly permitted in a specific zone in light of the zoning intentions and
consistent with the comprehensive plan.
9. Appeals from notices of trespass, infractions, and violations issued by City employees and City officials
where a right of appeal exists.
B. Appeal procedure. As to all of the foregoing issues and matters, the decision of the Hearing Examiner shall be
the final decision of the City. The decision of the Hearing Examiner in these cases may be appealed to
Superior Court. Appeals must be filed within 15 days of the notice of decision.
C. The Hearing Examiner is hereby authorized and directed to conduct a hearing and make findings,
conclusions, and recommendations to the City Council on the following:
1. Petitions for rezones; and
2. Petitions for street vacations.
Created: 2023-10-24 15:38:18 \[EST\]
(Supp. No. 32)
Page 2 of 4
(Ord. 3663 § 1, 9/15/2020; Ord. 3609 § 1, 9/18/2018; Ord. 3574 § 1, 3/21/2017; Ord. 3536 § 1, 5/19/2015)
2.18.065Functions, issues and jurisdiction of the Director of Community and Economic
Development.
A. Review authority. The Director of Community and Economic Development, referred to as "Director" in this
section is hereby authorized and directed to hear and decide the following matters:
1. Administrative conditional use permits.
2. Extension of approved conditional use permits.
3. Minor amendments to approved conditional use permits per PAMC 17.96.070.
4. Subdivision applications:
a. Boundary line adjustments (BLA).
b. Preliminary and final short subdivision plats.
c. Final subdivision plats.
d. Final binding site plans.
e. Minor plat alterations.
5. Shoreline applications:
a. Substantial development permits (if the application is: (1) for a permitted use; and (2) receives a
SEPA threshold determination of non-significance).
b. Exemptions.
6. State Environmental Policy Act (SEPA) threshold determinations.
7. Wetland permits.
8. Environmentally sensitive area (ESA) permits.
9. Parking variances.
10. Final overlay zones.
11. Minor deviation requests, per PAMC 17.94.180.
12. Temporary use permits.
B. Appeal procedure. As to all of the foregoing issues and matters, the decision of the Director shall be an
administrative decision. Such decision may be appealed to the Hearing Examiner, provided that the appeal
must be filed with the City within 15 days after the Director issues the decision, provided that if a longer
appeal period is established by state law, the longer period shall control. If an appeal is not filed within the
applicable period, the decision of the Director is the final decision of the City. An appeal application for any
decision of the Director shall stay all further proceedings by the Department of Community and Economic
Development specific to the property under appeal.
(Ord. 3663 § 1, 9/15/2020; Ord. 3574 § 1, 3/21/2017; Ord. 3536 § 1, 5/19/2015)
Created: 2023-10-24 15:38:18 \[EST\]
(Supp. No. 32)
Page 3 of 4
2.18.070Rules of procedure.
The Hearing Examiner shall be authorized to adopt rules of procedure. Such rules shall be subject to confirmation
or amendment by the City Council by resolution.
(Ord. 3536 § 1, 5/19/2015)
2.18.075 Appeal fees.
The City Manager is authorized, concurrently with the City Council, to establish uniform fees for filing appeals to be
heard by the Hearing Examiner. Fees established by the City Manager shall not become effective until notice of the
fees is given to the City Council.
(Ord. 3609 § 2, 9/18/2018)
2.18.080 Repeal.
All provisions in Titles 15, 16, 17 and 18 of the Port Angeles Municipal Code that conflict with the procedures for
hearing and deciding the matters as specified in sections 2.18.060 and 2.18.065 above are repealed and
superseded by the provision of this chapter.
(Ord. 3536 § 1, 5/19/2015)
Created: 2023-10-24 15:38:18 \[EST\]
(Supp. No. 32)
Page 4 of 4
Port Angeles City Council Rules of Procedure
most recently updated on July 3, 2018
Section 1- Rules. These Rules shall governthe procedures followedby the City Council
of Port Angeles, Washington, for the conduct of Council meetings andthe maintenance of order,
pursuant to RCW 35A.13.170.
Section 2- Open Public Meetings Act. The Council shall comply with the provisions of
the Open Public Meetings Act, Chapter 42.30RCW, in the conduct of all meetings to which said
Act is applicable.
Section 3- Executive Sessions. The Council may discuss topics in executive session,
which topics are specified in RCW 42.30.110 or relate to potential or pending litigation andare
subject to attorney-client privilege. The City Attorney shall inform the Council whenever any
proposed discussion in executive sessionis not legally allowed.
No member of the City Council, employee of the City, or any other person present during
executive session of the City Council shall disclose to any person the content or substance of any
discussion or actionthat took place during said executive session.
Section 4- Work Sessions.Special meetings designatedasworksessions shall be
advertised and conducted in the same manner asspecial meetings. Work sessions are for the
purpose of in-depth review anddiscussion of specified issues. Final disposition shall not be
takenat designatedwork sessions.
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th
Necessary worksessions will be held at 5:00 p.m. on the 4Tuesday of the month, or at
another time if approvedby a majority ofthe Council.
Section 5- Attendance.
A.Attendance, Excused Absences. RCW 35A.12.060 provides that a
Councilmember shall forfeit his/her office by failing to attend three consecutive regular meetings
of the Council without being excused by the Council. Members of the Council may ask tobe
excused by following the procedure described in this paragraph. The member shall contact the
Mayor prior to the meeting andstate the reasonfor his/her inability to attend the meeting. Ifthe
member is unable to contact the Mayor, the member shall contact the City Manager or City
Clerk, who shall convey the message to the Mayor. Following roll call,the Mayor shall inform
the Council of the absence,state the reason for suchabsence, and inquire if there is a
motion to excuse the member. This motion shall be non-debatable. Uponpassage of such
motion by a majority of members present,the absent member shall be consideredexcused and
the Clerk will make anappropriate notation in the minutes.
B.Attendance Via Speaker phone (AVS). From time to time, a Councilmember may
not be able to be physically present at a Council meeting, but will want to be involved in the
discussion and/or decision on a particular agenda item. The procedure andguidelines for
permitting a Councilmember to attend a Council meeting via Speaker phone are asfollows:
Attendance via Speaker phone should be the exception, not the rule, andAVS is limited
to three Councilmembers per meeting. Examples of situations where AVS would be appropriate
include, but are not limited to:
An agenda item is time sensitive, andAVS is neededfor a quorum;
An agenda item is of very highimportance to the Councilmember that cannot be
physically present;
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Itis important for all Councilmembersto be involvedin a decision, but a
Councilmember is unable tobe physically present;
Examples of situations where AVS would not be appropriate include,but are not
limited to:
Quasi-judicial andother hearings when the Councilmember is unable to see
presentations or read materials that are distributed during the hearing.
Participation in anexecutive session,unless the Councilmember can assure that
he or she is in a secure location andable to maintain confidentiality.
Attendance - Procedure:
1.Each Councilmember attending via Speaker phone:
a.Must be able to hear the discussion on the agenda item taking place in the Council
chambers, and
b.Must be able to be heard by all present inCouncil chambers.
2.At the beginning of the Council meeting the Mayor (or Deputy Mayor, if the
Mayor is not physically present) should state for the record:
a.Let the record reflect that Councilmember is attending via Speaker
phone.
b.Councilmember ,can you hear me? \[There must then
be a clearly audible response in the affirmative.\]
c.Let the record reflect that Councilmember , who is attending via
Speaker phone, canbe heard by all present inCouncil chambers.
Notification:
If a Councilmember wishes to attenda Council meeting via Speaker phone, the
Councilmember should notify Council of his or her intent at the Council meeting prior to the
meeting for which he or she wishes to attend via Speaker phone.
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Ifthat is not possible, the Councilmember should notify the City Manager of his or her
wish to attend the Council meeting via Speaker phone not later than the business day prior to the
Council meeting for which he or she wishes to attendvia Speaker phone.
Section 6Presiding Officer.The presiding officer atall meetings of the Council shall
be the Mayor, who shall conduct the business anddeliberations of the Council under these rules.
Inthe physical absence of theMayor, the Deputy Mayor shall conduct the business and
deliberations of the Council under these rules. The Mayor andDeputy Mayor shall be elected
biennially by a majority of the Councilmembersat the beginning of the first Council meeting of
the new year of all evennumbered years. Ifboth the Mayor and Deputy Mayor are physically
absent and a quorum is present, the Council shall, by motion, appoint one of its members to serve
aspresiding officer of the Council until the return of the Mayor or Deputy Mayor.
The presiding officer shall:
1.Preserve order anddecorum in theCouncil Chambers;
2.Observe and enforce all rules adopted by the Council for its governance;
3.Decide all questions on order, in accordance with these rules, subject to appeal by
any member of the Council; and
4.Recognize members of the Council in the order in whichthey request the floor.
No member shall be recognized and giventhe floor to speakon the same matter more than once
until after all other members of the Council have had anopportunity to berecognized andbe
heard.
5.During Public Comment, determine whether a speaker or members of the
audience fail to comply with these Rules or exceed the scope of the limited forum providedfor
Public Comment, andthe presiding officer shall have the authority to suspend such right
to speak and to require that non-conforming audience behavior cease,subject to the Council
right to overrule suchdecision.
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Ifsuchconduct continues andprevents the Council from accomplishing its business in a
reasonably efficient manner, the presiding officer may call a recess, may request theremoval of
such person(s) from the Council Chambers, may remove all persons from the Council
Chambers, may move the meeting to a different location, may adjournthe meeting, or may take
suchother appropriate action aspermitted by the law, subject to the Councilright to overrule
suchasdecision.
Inthe event of anemergency such asa fire or other natural or catastrophic disaster,
threatened violence,or inability to regain or retaingood order, the presiding officer shall
forthwith declare a recess, adjourn,or continue the meeting, andthe City Council aswell as
everyone in the room shall immediately leave the meeting room. The presiding officer may
reconvene the meeting when it has beendetermined by the appropriate safety officials that it is
safe to do so.
The presiding officer shall have only these rights, and shall be governedin all matters and
issues by the same rules and restrictions,asother Councilmembers.
The presiding officer may vote on all matters coming before the Council.
Section 7- Agenda.The City Manager shall prepare the agenda of business for all
Council meetings. Topics may be addedto the agenda 1) whendeemedappropriate by the City
Manager, 2)atthe direction of the Mayor, or 3)by motion approvedbya majority of City
Councilmembers attending a regular Council meeting.
Every agenda item must be supported by a written explanation informing the Council and
staff of the issue, background, analysis, financial impacts, and recommendationand/or
conclusion, unless the item is self-explanatory or unless the Mayor or City Manager has waived
this requirement. All written materials for the agenda shall be deliveredto the City Manager by
five p.m. on the Wednesday preceding the Council meeting. Except for announcements, late
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items that the City Manager does not receive by the stated deadlines shall not be considered by
the Council except upon a majority vote of the members present.
Eachagenda shall reference all ordinances to be consideredby the City Council. No
ordinances shall be acted upon unless notice of the preliminary agenda referencing such
ordinance has been made available to the public in advance of Council meetings, asset forth
below. Except in cases of emergency andoffinal approval of subdivisions, a proposed
ordinance shall be presented to the Council ataregular meeting,and the Council may then actto
adopt the ordinance at any subsequent regular meeting.
Agendas for all meetings of the City Council shall be made available atleast 24 hours
prior to the time scheduled for suchmeetings. The agenda will be made available to the public in
the following ways:
1.A copy is placed on the City website at www.cityofpa.us.
2.Several copies are placed on the front counter at City Hall.
3.A copy is posted on the bulletin boardoutside the Council Chambers.
Section 8- Order of Business. The Mayor may determine the order of business for a
particular City Council meeting. The agenda should be arranged to best serve the needs and/or
convenience of the Council and the public. The items of business for regular Council meetings
may include the following:
A.Call to Order
B.Roll Call
Pledge of Allegiance
Ceremonial Matters/Proclamations/Employee Recognition
C.Public Comment
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D.Items to be Placedon This or Future Agendas, including any executive session
needed during or atthe end of the meeting.
E.Consent Agenda
F.Public Hearings
G.Ordinances Not Requiring Public Hearings
H.Resolutions Not Requiring Public Hearings
I.Other Considerations
J.Contracts & Purchasing
K.Council Reports
L.Information
M.Second Public Comment Period
Adjournment
Section 9Council Action Procedures. At all meetings of the Council, four (4)
Councilmembers, who are present andeligible to vote, shall constitute a quorum for the
transaction of business.
The passage of any ordinance, grant or revocation of franchise or license, and any
resolution for the payment of money shall require the affirmative vote ofatleast a majority of
the whole membership of the Council. RCW 35A.12.120.
Unless otherwise provided for by statute,ordinance, resolution,or these Rules of
Procedure, all votes shall be takenby voice, except that at the request of any Councilmember, a
roll call vote shall be taken by the City Clerk.
Prior to discussion of an actionitem, a Councilmember should make a motion.
Three steps required to bring a motion before the Council for its consideration:
1.A Councilmember makes a motion;
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2.Another Councilmember seconds the motion, and
3.The chair states the motion.
The purpose of a second isto prevent time being spent on motions that only one
person wants to discuss. Ifthe motion is not seconded, it dies. Some motions do not require a
second: nominations, withdrawal of a motion, request for a roll call vote, and point of order.
Councilmembers should attempt as muchas possible to state motions inthe positive
form---that is, move rather than move not Motions where one must vote
to vote against a proposal are confusing not only for Councilmembers, but also for staff
andcitizens.
Motions should be clear andconcise andnot include arguments for the motion.
No person shall address the Council without first securing the permission ofthe Mayor
or Council to do so.
If a proposal has only minimal support, a Councilmember might state make this
motion in order to put it on the floor for discussion.I amnot sure ofmy position on it atthe
present
After a motion has beenmade andseconded,Councilmembers may discuss their
opinions on the issue prior to the vote. If they wish to do so, they may state why they will vote
for or against the motion.
Once recognized, a Councilmember should not be interrupted while speaking, except
for a point of order or personal privilege.If a Councilmember is called to order while speaking,
the individual shall cease speaking until the questionof order is determined.
Upon being recognized by the presiding officer, members of the Council shall hold the
floor until completion of their remarks or until recognition is withdrawn by the presiding officer.
A Councilmember should not speak more than once on a particular subject until every
other Councilmember has had the opportunity to speak. Councilmembers are encouraged to
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discuss items during the decision-making process.
A motion may be withdrawn by the maker of the motion, at any time, without the
consent of the Council.
A motion to table is non-debatable. It requires a majority to pass.Ifthe motion to table
prevails, the matter may be "takenfrom the table" only byadding it to the agenda of a future
meeting, atwhich time discussion cancontinue.Ifanitem is tabled,it cannot be reconsidered at
the same meeting.
A motion to postpone to a specific time is debatable, is amendable, andmay be
reconsidered atthe same meeting. It requires a majority to pass. The motion being postponed
must be consideredat a later time in the same meeting or a specific future meeting.
A motion to postpone indefinitely is debatable, is not amendable, andmay be
reconsidered atthe same meeting. It requires a majority to pass. The merits of the main motion
may be debated.
A motion to call for the question shall close debate on the mainmotion and is non-
debatable. This motion must receive a second andfails without a two-thirds (2/3) vote. Debate
is reopened if the motion fails.
A motion to amend is defined asamending a motion that is on the floor and has been
seconded, by inserting or adding, striking out, striking out and inserting,or substituting.
When the discussion is concluded,the motion maker, Mayor, or City Clerk, shall repeat
the motion prior to voting.
The City Council votes on the motion asrestated. The Mayor shall state the number of
Councilmembers voting inthe affirmative andthe number voting in the negative and whether
the motion passes or fails.
Each Councilmember shall vote on all questions put to the City Council, unless a conflict
of interest or appearance of fairness issues requires a Councilmember to excuse him/herself.
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If a member of the Council who iseligible to vote does not vote,his or her silence shall be
recorded as anaffirmative vote.
No vote may becast by proxy.
When the debate appears to be over andif no one indicates a desire to continue
discussion, the chair puts the motion to a vote by stating, there is no further discussion, we
will
Only those motions that receive an affirmative vote by the majority of the present and
voting members of the City Council who also constitute a quorum shall be passed or become
effective unless other voting requirements are provided by Washington State law in which
case Washington State law shall prevail.In order for an ordinance or resolution to become
effective immediately, the City Council must declare that an emergency exists and approve
the ordinance or resolution by the affirmative vote of three-fourths of the members of the City
Council. A tie vote results in the motion having failed. The presiding officer may publicly
explain the effect of the tievote for the audience.
After the question has been decided, any Councilmember who voted in the majority may
move for a reconsideration of the motion. A member of the prevailing majority must make a
motion for reconsideration when the previous vote was taken.
Once the vote has been taken, the discussionis closed. Itis not necessary for
Councilmembers to justify orexplain their vote. If they wish to make their positions known,
this should happen during the discussionpreceding the vote.
The presiding officer shall decide all questions of procedures andother questions of a
parliamentary nature that may arise at aCouncil meeting. All cases not provided for in these
rules shall be governedby the current edition of Robert's Rules of Order. In the event of a
conflict, these Council Rules of Procedures shall prevail.
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If a Councilmember has a conflict of interest or an appearance of fairness
disqualification, the Councilmember should recuse him or herself from the issue and shall leave
the Council chambers during discussion andvoting on the issue. That Councilmember shall be
considered absent whenvoting occurs.
If a member asserts a conflict of interest or appearance of fairness disqualification, and
itis not apparent to all Councilmembers present, the member shall be excused from voting on
anissue only by majority vote of the Councilmembers present.
Ifitis determinedby majority vote of the City Council as a whole, plus one, that a
Councilmember has a conflict of interest or would violate the appearance of fairness
doctrine by participating in, and/or voting on, a matter coming before the Council, then the
member determinedto have the conflict of interest or appearance of fairness doctrine
violation shall not participate in or vote on said matter. In the event a challenged member
or members requests additional time prior to the challenge having been voted on by the
City Council in order for the Councilmember to present further information to the Council,
then the City Council determination with respect to the challenge shall be continued to
the next regularly scheduled meeting of the City Council, at which time the member or
members requesting the additional time shall present such additional information. At the
conclusion of the presentation, the City Council shall make its determinationas provided
hereinabove.
Section 10Adjournment. A Councilmember may propose to close the meeting by
moving to adjourn. The meeting will close upon the majority vote of the Council. A motion
to adjourn will always be in order and decided without debate.
Upon adjournment, Councilmembers shall immediately leave the Council chambers, to
avoid what could constitute a meeting with a quorum of Councilmemberspresent in violationof
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the Open Public Meetings Act.
No meeting shall be permitted to continue beyond 10:00 p.m., without the approval of a
majority of Councilmembers present and eligible to vote. A new timelimit must be established
before taking a Council vote to extend the meeting.The items not actedupon or considered
shall be deferred to the next regular Council meeting,asunfinished business, unless the
Council, by a majority vote of Councilmembers present, determines otherwise.
Section 11Respect and Decorum. Neither Councilmembers nor the public shall
disrupt the proceedings of the Council or refuse to obey the orders of the presiding officer or
the rules of protocol.
Any person disrupting the business of the Council, either while addressing the Council or
attending its meetings, shall be askedto cease such disruption.
For clarification, disruption of a City Council meeting does not require behavior that
constitutes a breach of the peace, although a breach of the peace would constitute a disruption of
a City Council meeting. Rather, disruption of a City Council meeting is any behavior that
interrupts the Council meeting or prevents the Council from accomplishing its business in a
reasonably efficient manner. For purposes of illustration only, such disruption may include, but
is not limited to:
irrelevant or repetitious speech
continuing to speak after the allotted time has expired
audience demonstrations such asbooing, display of signs,or any other
conduct that disrupts the Council proceedings.
continuing tospeak after being ruled out of order by the presiding officer
other speech or behavior that disrupts the orderly conduct of the Council meeting.
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Itis the duty of the Mayor andeach Councilmember to maintain dignity and respect for
their offices, City staff and the public. While the Council isinsession, Councilmembers shall
behave with order and decorum, and a Councilmember shall neither by conversation or
otherwise, delay or interrupt the proceedings of the Council, nor interrupt ordisparage any
Councilmember while speaking, nor use profanity.
Atany time during any Council meeting, any Councilmember may object to a personal
affront or other inappropriate comments, by calling for a of After the
Councilmember isrecognized by the presiding officer and the Councilmember explains his or
her point concerning respect and decorum, or lack thereof, the presiding officer shall rule on the
remark and may ask the person making the disturbance to cease or leave the room. Continued
disruptions may result in a recess or adjournment as set forth above.
Inorder to maintain decorum and good working relationships, Councilmembers should
not criticize the vote of another.
Councilmembers shall respect the decision once a policy is passed or defeated by a
majority vote.
Ifa member of the Council shall transgress these rules, the presiding officer shall call
such member to order,in which case such member shall be silent except toexplain or continue in
order. Ifthe presiding officer shall transgress these rules or fail to call such member to order, any
other member of the Council may, under a point of order, call the presiding officer or such other
member to order, inwhich case the presiding officer or such member, as the case may be, shall
be silent except to explain or continue in order. By a majority vote, the Council can impose
additional sanctions that may include an oral admonition, written reprimand,censure, expulsion
from the meeting at which the conduct is occurring, removal of the Councilmember from the
Council committee chair positions or committee memberships, or removal of intergovernmental
duties.
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Section 12Public Comment. Members of the public may address the City Council
atthe beginning andend of any Regular Meeting under "Public Comment." During the "Public
Comment" portion of the meeting, individuals may speak to agenda items, except those
scheduled for a Public Hearing.
The City Council desires to allow the opportunity for Public Comment. However, the
business of the City must proceed inan orderly, timely manner. Atany time, the presiding
officer, in the presiding officer's sole discretion,may set such reasonable limits as are
necessary to prevent disruption of other necessary business.
At its most restrictive, Public Comment shall be limited to a total of 15 minutes for the
first Public Comment period and shall be concludednot later than 9:45 for the second Public
Comment period.
Individuals may speak for three (3) minutes or less, depending on the number of people
wishing to speak.Ifmore than 20 people are signed up to speakeachspeaker may be allocated
two(2) minutes.
Individuals are asked to sign upprior to the start of the Public Comment period.
Individuals who are residents of the City or own businesses within the City will be
called to speak first, with preference giventothose who wishto speakto an item on the
agenda.Iftimeremains, the presiding officer will call other individuals wishing to
speak, generally in the order in whichthey have signed. Iftimeis available, the presiding officer
may call for additional unsigned speakers.
Persons speaking shall state their name, whether they reside within the City limits, whether
they have any other pertinent connection to the City, and whether they are appearing as the representative
of an organization.
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All comments shall be addressedto the Council asa whole andnot to individual
members thereof.
The Clerk shall be the timekeeper for all Public Comment. Time cannot be
donated by one speaker to another.
Written comments may besubmitted into the recordof a Council meeting by
presenting the written document to the Clerk prior to the meeting,in which case a copy of the
document will be provided toeachCouncilmember, but the document will not be read aloud;
or a document may be distributed to the City Council, with a copy to the clerk, by a speaker
while the speaker is addressing the Council.
City Council meetings are not public forums for addressing the audience. All speakers
must address the Council, not staff or the audience.
Speakers may not comment on any matter for which a quasi-judicial hearing is required.
Section 13- Board and Commission Vacancies. The selection process for filling board
andcommission vacancies shall be asfollows. Provided, however, thatin specific situations, the
Council may by majority vote revise the process:
A.The City Manager or his designee will solicit in the official newspaper, and
on the City website, volunteers who wish to serve on boards and commissions.
B.The City Manager or his designee will mail application forms and specific
information astofunctions of the preferred board(s) or commission(s) to interested citizens.
C.The City Manager or his designee will submit applicationforms, questionnaires,
and/or related information, to the designated interviewing body.
D.The designated interviewing body will interview candidates inopen public
session. Candidates who have not been interviewed will be excluded from attending the prior
interviews.
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E.The designated interviewing body will forward a recommendation to the City
Council asto the preferred candidate(s) for appointment to a board or commission. The City
Council will make appointments by a majority vote.Ifthe City Council is the designated
interviewing body, the Council will select its preferred candidate inan open public meeting by
roll call vote and the Mayor will make the appointment.
F.The City Manager or his designee will provide written notice of appointment and
confirmation, provide introduction to the chairperson of the respective board or commission, and
provide introductory and educational informationtothe newly appointed member.
Inthe event the number ofmembers of any board orcommission fall to the number
required for a quorum plus one, the City Manager, or mayor, shall have the authority to make an
interim appointment, subject toconfirmation by the City Council. The term of an interim
appointment shall be for (a) the remainder of the vacant term, (b) 6 months, or (c) until a
permanent appointment is made by the City Council, whichever is less.
Section 14- Notice ofPublic Hearings. Notice of all public hearings tobeconducted
by the City Council or any of itsadvisory boards and commissions shall be given either by
publishing written notice at least once in the City's official newspaper prior tothe date of the
hearing, or by complying with any specific statutory requirements for suchnotice that may be
applicable to the particular type of hearing involved.
Section 15 - Council Vacancies. The selection process for filling Council vacancies
shall be as follows, provided, however, that the Council may by majority vote revise the process:
Notice of the vacancy andthe procedure for filling the vacancy shall be published twice
in the official newspaper.
The Council will open a filing period of not less than10 days for the vacancy and request
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eachcandidate to complete an application form or submit a letter of interest.
The candidates will then be interviewed during a public Council meeting.
The Council may deliberate on the qualifications of the candidates ina closed session and
then vote on the appointment inan open meeting.
Inall other respects, the procedure for filling a Council vacancy shall be as provided in
State law.
Established/Amended byResolution Nos.: 21-84, 13-86, 9-87,2-88,3-88, 19-88, 37-91,
5-92,2-95,5-95, 4-96,20-96, 11-97,2-98,6-98, 15-99, 17-04, 2-05,10-05, 2-06,11-06,12-06,
8-07,3-08,10-09,5-10, 2-12,6-12, 09-15,16-15, by Council Adoption on August 16, 2016, and
Resolution 08-18.
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Title 2 - ADMINISTRATION AND PERSONNEL
CHAPTER 2.36 PLANNING COMMISSION
1
CHAPTER 2.36 PLANNING COMMISSION
2.36.010 Creation—Composition.
There is created a City Planning Commission to be composed of seven members.
(Ord. 2384 § 2, 3/19/1986; Ord. 1123 § 1, 3/1/1944)
2.36.020 Membership.
A. Procedures.
1. The seven members of the Planning Commission shall be appointed by the City Council.
2. Each member of the Planning Commission shall be required to take an oath of office.
3. Members may be removed from office for reasons deemed appropriate by the Council, including but
not limited to malfeasance in office or neglect of duties.
B. Criteria. Criteria used in selecting members shall include but not be limited to the following:
1. Members shall be residents of the City.
2. Members shall have an understanding of: (1) the benefits to the community of zoning and planning; (2)
the scope and purpose of the City's Comprehensive Plan; and (3) the rules of procedure and conduct
applicable to Planning Commission members.
3. Members shall be selected in accordance with the equal opportunity guidelines.
4. The Commission shall represent a broad spectrum of the community.
5. Members shall be appointed without regard to political affiliation.
6. Members shall not be City employees or members of the City Council.
7. Members shall serve without pay.
C. Terms.
1. A full term of office shall be four years.
2. The term of office shall start on March 1st of the year in which the appointment is made, provided that
appointments to unexpired terms shall start as designated in the appointment.
3. Members of the Commission may be appointed to succeed themselves.
4. Appointments to fill an unexpired term shall be only for the remainder of that term.
5. The terms of office shall be staggered so that no more than two members' terms expire in the same
year.
6. No person shall be allowed to serve on the Planning Commission for more than two consecutive four-
year terms; provided that this prohibition shall not disqualify any person now serving on the Planning
1
State law reference(s)—For statutory provisions regarding planning agencies in code cities, see Ch. 35A.63 RCW.
Port Angeles, Washington, Code of Ordinances Created: 2023-10-24 15:38:20 \[EST\]
(Supp. No. 32)
Page 1 of 4
April 24, 2024 Planning Commission Agenda Packet Pg. 117
Commission from completing the term that he or she has been appointed to serve as of the effective
date of this chapter.
(Ord. 3267 § 1, 12/29/2006; Ord. 2384 § 2, 3/19/1986; Ord. 1123 § § 1, 3, 5, 3/1/1944)
2.36.030 Compensation.
The members of the Planning Commission shall serve without compensation.
(Ord. 1123 § 5, 3/1/1944)
2.36.040Meetings.
The Planning Commission shall hold at least one regular meeting in each month for not less than nine months in
each year.
(Ord. 1123 § 6 (part), 3/1/1944)
2.36.050 Organization—Business.
The Planning Commission shall elect its own chairman from among its members and create and fill such other
offices as it determines its needs require.
It shall adopt rules for the transaction of the business and keep a written record of its meetings, resolutions,
transactions, findings and determinations, which record shall be a public record.
(Ord. 1123 § 6 (part), 3/1/1944)
2.36.060 Vacancies—Removal of members.
Vacancies occurring on the Planning Commission otherwise than through the expiration of a term shall be filled for
the unexpired term.
Members may be removed from the Commission after public hearing by the appointing official, with the approval
of the City Planning Commission for inefficiency, neglect of duty or malfeasance in office. Written charges shall be
filed against any member before such hearing, and he shall have two weeks' notice of the date of the hearing.
(Ord. 1123 § 4, 3/1/1944)
2.36.070 Expenditures.
The expenditures of the Planning Commission shall be within the amount appropriated by the Planning
Commission, and the Planning Commission is authorized to employ such employees and expert consultants as they
deem necessary for its work.
(Ord. 1123 § 7, 3/1/1944)
2.36.080 Fact-finding powers.
A. The Planning Commission is authorized and empowered to act as a research and fact-finding agency of the
City. To that end, it may make such surveys, analyses, researches and reports as are generally directed or
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requested by the City Council. The Planning Commission, upon such direction or request, is further
empowered and authorized:
1. To make inquiries, investigation and surveys concerning the resources of the City;
2. To assemble and analyze the data thus obtained and to formulate plans for the conservation of
resources and the systematic utilization and development thereof;
3. To make recommendations from time to time as to the best methods of such conservation, utilization
and development;
4. To cooperate with other public agencies in such planning; and
5. To make surveys and recommendations for the adoption by the City Council of coordinated plans for
development of the City.
B. Limitation. The research and fact-finding powers granted to the Commission shall be exercised by the
Commission acting as a body. Individual commissioners, separately or independently, are not authorized to
exercise such powers.
(Ord. 3267 § 1, 12/29/2006; Ord. 1123 § 8, 3/1/1944)
2.36.090 Preparation of Comprehensive Plan.
The Planning Commission may recommend to the City Council a Comprehensive Plan designed for the benefit of
the City as provided by law and prepared as a whole, or may recommend parts or any amendment, extension or
addition thereto. Before such recommendations are made to the City, the Planning Commission shall hold public
hearing thereon, giving notice of the time and place by one publication in a newspaper of general circulation in the
City. A copy of the City ordinance adopting or embodying any plan or part thereof or any amendment thereto,
properly certified, shall be filed with the County Auditor. Any ordinance referred to herein may be amended or
changed by subsequent ordinances.
(Ord. 1123 § 12, 3/1/1944)
2.36.095 Long-range planning advisory committees.
In order to assist the Planning Commission in long-range planning matters, long-range planning advisory
committees may be established from time to time by the City Council in accordance with this section.
A. Proposals. Either the City Council or the Planning Commission may propose the formation of a long-
range planning advisory committee. Proposals shall specify the function or task to be accomplished.
B. Authority. Long-range planning advisory committees shall have the authority to conduct public
meetings and public hearings and to advise the Planning Commission with regard to the specific
function or task that the committees are assigned. The Planning Commission shall consider such advice
in making its own recommendations to the City Council after conducting additional public hearings as
may be required by law.
C. Establishment. Long-range planning advisory committees shall be established by resolution of the City
Council. Any such resolution shall specify the committee's purpose, number of members, and duration.
D. Membership. Long-range planning advisory committees shall consist of two or three members of the
Planning Commission. These members shall be designated by the Planning Commission, which shall
also designate one of the members as chairperson. The remaining members shall be City residents and
shall be appointed by the City Council. Candidates may be suggested by the Planning Commission.
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E. Conduct of business. Long-range planning advisory committees shall conduct their business in
accordance with the Open Public Meetings Act and the by-laws of the Planning Commission.
(Ord. 2592 § 1, 6/13/1990)
2.36.100 Building regulations action.
Upon the receipt of a recommendation of the Planning Commission, the City Council may, in the interest of health,
safety, morals and general welfare, by City ordinance, regulate and restrict the location and use of buildings,
structures and land for residence, trade, industry and other purposes; the height, number of stories, size,
construction and design of buildings and other structures; the size of yards, courts and spaces on the lot or tract;
the density of population; the setback of buildings along streets, parks or public water frontage; and, the
subdivision and development of land.
(Ord. 1123 § 9, 3/1/1944)
2.36.110 City districting recommendations.
The City Council on the recommendation of the Planning Commission, may, by ordinance, divide the City into
districts of such size, shape and area or may establish such official maps or development plans for the whole or any
portion of the City as they may consider best, and within such districts may regulate and restrict the erection,
construction, reconstruction, alteration, repair or use of buildings, structures or lands. All such regulations shall be
prepared as part of the Comprehensive Plan designed for the benefit of the City as provided by law.
(Ord. 1123 § 11, 3/1/1944)
2.36.120 Reserved.
Editor's note(s)—Ord. 3574 , § 2, adopted Mar. 21, 2017, repealed § 2.36.120 which pertained to Board of
Adjustment appointment recommendations. See also the Code Comparative Table and Disposition List.
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2024 January-March Building Report