HomeMy WebLinkAbout3742ORDINANCE NO. S 7 q a
AN ORDINANCE of the City of Port Angeles, Washington amending
portions of Chapters 2.18, 16.04, 16.08, 16.09, 16.10, 16.12, 16.14,
17.13, 17.19, 17.31, 17.37, 17.44, 17.45, 17.96, and 18.02 of the Port
Angeles Municipal Code.
WHEREAS, the City plans under the Growth Management Act, Chapter 36.70A RCW, and has
established a consolidated project permit process governed by Chapter 36.70B RCW, Local
Project Review; and
WHEREAS, on May 8, 2023, Senate Bill (SB) 5290 was approved by the Washington state
legislature; and
WHEREAS, SB 5290 amends Chapter 36.70B RCW to set new requirements for the processing
of project permit applications, streamline permit review process, and conform to new review
timelines to be effective January 1, 2025; and
WHEREAS, the City is proposing to amend Port Angeles Municipal Code (PAMC) for
conformance with Chapter 36.70B RCW and SB 5290; and
WHEREAS, the City is updating and streamlining the permit review process by amending
PAMC Chapters 2.18, 16.04, 16.08, 16.09, 16.10, 16.12, 16.14, 17.13, 17.19, 17.31, 17.37,
17.44, 17.45, and 17.96, and consolidating all procedures into Chapter 18.02 PAMC; and
WHEREAS, the proposed state mandated amendments contain no substantive standards
respecting use or modification of the environment, and are therefore exempt from requiring a
SEPA threshold determination; and
1
WHEREAS, notice of City Council public hearings and action on this proposed amendment
was provided on November 30, 2024; and
WHEREAS, the City held public hearings at the regular City Council meeting on December 3,
2024 and at the regular City Council meeting on December 17, 2024; and
Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS
FOLLOWS:
Section 1. — Amendments to Chapter 2.18 PAMC. Chapter 2.18 PAMC is hereby
amended as described in Attachment A, which is incorporated by reference herein.
Section 2. — Amendments to Title 16 PAMC. PAMC Chapters 16.04, 16.08, 16.09,
16.10, 16.12, and 16.14 are hereby amended as described in Attachment B, which is
incorporated by reference herein.
Section 3. — Amendments to Chapter 17.13 PAMC. PAMC Chapter 17.13 is hereby
amended as described in Attachment C, which is incorporated by reference herein.
Section 4. — Amendments to Chapter 17.19 PAMC. Chapter 17.19 PAMC is hereby
amended as described in Attachment D, which is incorporated by reference herein.
Section 5. — Amendments to Chapter 17.31 PAMC. Chapter 17.31 PAMC is hereby
amended as described in Attachment E, which is incorporated by reference herein.
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Section 6. — Amendments to Chapter 17.37 PAMC. Chapter 17.37 PAMC is hereby
amended as described in Attachment F, which is incorporated by reference herein.
Section 7. — Amendments to Chapter 17.44 PAMC. Chapter 17.44 PAMC is hereby
amended as described in Attachment G, which is incorporated by reference herein.
Section 8. — Amendments to Chapter 17.45 PAMC. Chapter 17.45 PAMC is hereby
amended as described in Attachment H, which is incorporated by reference herein.
Section 9. — Amendments to Chapter 17.96 PAMC. Chapter 17.96 PAMC is hereby
amended as described in Attachment I, which is incorporated by reference herein.
Section 10. — Amendments to Chapter 18.02 PAMC. Chapter 18.02 PAMC is hereby
amended as described in Attachment J, which is incorporated by reference herein.
Section 11. - Classification. The amendments set forth by this ordinance are of general
and permanent nature and shall become a part of the Port Angeles Municipal Code
Section 12. - Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to,
the correction of the scrivener's/clerical errors, references to other local, state, or federal laws, codes,
rules or regulations, or ordinance numbering, section/subsection numbers and any -references,
thereto.
Section 13. - Severability. If any provisions of this Ordinance, or its application to any person or
circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of
the Ordinance to other persons or circumstances, is not affected.
Section 14. - Effective Date. This Ordinance, being an exercise of a power specifically delegated
to the City legislative body, is not subject to referendum. This ordinance shall take effect on
January 1, 2025, as required by SB 5290 and the Local Project Review Chapter 36.70B RCW.
PASSED by the City Council ofthe City of Port Angeles at a regular meeting of said Council
held on the "7X y of , 2024.
APP OVED AS TO FORM:
William E. Bloor, City Attorney
ATTE T:
Kari Martinez -Bailey, City C
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Kate Dexter, Mayor
Attachment A
Only those portions of Chapter 2.18 PAMC detailed in this attachment are being modified.
All other portions of Chapter 2.18 PAMC remain unchanged.
CHAPTER 2.18 HEARING EXAMINER
2.18.060 Functions, 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. Type III permits as specified in Tables 18.020.050 —1 and 2. Conditienal use peFmitS
2. Appeals of Type I and II permits as specified in Tables 18.020.050 —1 and 2. Unc'"`ified use permits.
3. .
8. Approval of uses not expressly permitted in a specific zone in light of the zoning intentions and
consistent with the comprehensive plan.
9:4. Appeals from notices of trespass, infractions, and violations issued by City employees and City officials
where a right of appeal exists.
5 Any other matter otherwise expressly delegated to the Hearing Examiner.
B. Appeal proeedure. As to all of the f-OFegeing issues and matteFS, the decisien of the HeaFffing ExamineF shall be
the fonal decision of the City. The decisien of the HeaFing ExamffineF *A these cases May be appealed tO
SupeFffieF COUFt. Appeals must be filed within !S days of the netir;e of deci i
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 fellewing:
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2. °^«;t;en F^. street vacations.
2.18.065 Functions, 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. Type I and II permits as specified in Tables 18.020.050 —1 and 2.
peffnitS.
2. Any other matter otherwise expressly delegated to the Director. Extension of appFOyed Genditie.n.al use
peffn S
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Attachment B
Only those portions of Chapters 16.04, 16.08, 16.09, 16.10, 16.12, and 16.14 PAMC detailed in this attachment are
being modified.
All other portions of Chapters 16.04, 16.08, 16.09, 16.10, 16.12, and 16.14 PAMC remain unchanged.
CHAPTER 16.04 SHORT PLAT SUBDIVISION REGULATIONS
16.04.050 Application forms.
A. An application for approval of a preliminary short plat shall be submitted to the Community and Economic
Development Department on a form furnished by that department and shall be accompanied by the
preliminary short plat.
The application form shall contain, at minimum:
1. The name, address and telephone number of the applicant and the property owner;
2. A legal description of the property to be subdivided;
3. A statement of the underlying zoning;
4. The proposed methods of serving the individual lots in the short subdivision with water, sewer, streets
and other public utilities;
5. The purpose of the short plat; and
6. If requested by the department, the name, address and telephone number of the owner(s) of all
adjacent unplatted parcels.
C. The application form shall be accompanied by the preliminary short plat, the application fee and, if
applicable, a SEPA checklist.
D. The short plat application fee is set forth in the Port Angeles Master Fee Schedule appendix A of the PAMC.
.eselut'o,rawthor zed by Chapter 1.25 RAMC, A.. ..a;. A.
16.04.080 Preliminary short plat —Routing and staff recommendations.
A. All procedural processes are outlined in Chapter 18.02 PAMC.
B. A. Upon receipt of an application and preliminary short plat satisfying the requirements of sections
16.04.050, 16.040.060 and 16.04.070 of this chapter, the Community and Economic Development
Department shall distribute the preliminary short plat to the following departments:
1. City Public Works and Utilities Department;
2. City Fire Department;
3. Clallam County Health Department if a septic tank and drain field is to be allowed;
4. Any other appropriate department or agency.
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16.04.100 Preliminary short plat —Approval —Conditions. Is Repealed in its Entirety.
16.04.120. Appeals. Is Repealed in its Entirety.
16.04.170 Final short plat —Routing for review.
A. All procedural processes are outlined in Chapter 18.02 PAMC.
B. A: Upon receipt of a final short plat, the Community and Economic Development Department shall
circulate the final short plat to the following departments:
1. Public Works and Utilities Department;
2. Fire Department.
C. & If the final short plat complies with the requirements of this chapter and the approved preliminary
short plat, the department head shall signify approval by signing on the face of the final short plat.
D. E In the event the final short plat fails to comply with specific standards or conditions of preliminary plat
approval, the department shall so notify the Community and Economic Development Director in writing.
16.04.180 Final short plat —Final approval procedure.
A. Within 30 calendar days-4 receipt of the proposed final short plat, the Community and Economic
Development Director shall:
Review the final short plat for compliance with preliminary plat conditions;
Review the comments and recommendations of all appropriate departments; and
Ascertain from the Public Works and Utilities Department that the required physical improvements, in
accordance with section 16.04.140, have been installed or financial security has been provided
therefor.
B. If the Gemmunit • and Ec;ene ir; De elepment DiFeGt9F is satisfied that all of the above have been met, then
#e the Community and Economic Development Director shall approve the final short plat by affixing his or
her signature to the face thereof.
CHAPTER 16.08 SUBDIVISION REGULATIONS
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16.08.050 Procedure.
A. All procedural processes are outlined in Chapter 18.02 PAMC.
B. Approval of a preliminary plat shall be considered conditional approval of the preliminary plat, and shall
not constitute approval of the final plat; it shall be considered only as approval of the layout submitted on
the preliminary plat as a guide to the preparation of the final plat.
C. If the preliminary plat is approved by the Hearing Examiner CityGeunei:, the developer, before requesting
final approval, shall elect to install or assure installation of the improvements required by section
16.08.070 PAMC by one of the following methods:
1. Actual installation of the required improvements, to the satisfaction and approval of the City
Engineer;
Furnishing to the City an assignment of a savings account or another approved security or placing
in trust, an amount equal to 150 percent of the cost of the improvements as determined by the
City Engineer, which assignment of savings account, other security, or trust shall assure to the
City the installation of the improvements, to the satisfaction and approval of the City Engineer.
This savings account, or other security, or trust shall be conditioned so that no amount may be
removed therefrom without prior written approval of the City, and shall further provide that, if
the improvements are not installed within the time limitations set by the City Engineer, or not
installed to the satisfaction of the City Engineer, then the City may withdraw from the savings
account, other security, or trust the amount necessary to complete the improvement. The City
Engineer shall determine the period of the assignment of the savings account, other security, or
the trust.
a. After completion of all required improvements the City Engineer and any government
agency involved shall submit a written notice to the Community and Economic
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Development Department stating that the developer has completed the required
improvements in accordance with PAMC 16.08.070 and with required installation
standards.
D. Final approval. The final plat shall conform to the preliminary plat as approved by the Hearing Examiner
City Council. If desired by the developer, the final plat may constitute only that portion of the approved
preliminary plat which he proposes to record and develop at the time.
The final plat shall be submitted to the Department of Community and Economic Development within five
years after the Hearing Examiner City is approval of the preliminary plat. Said preliminary approval
shall become void unless a final plat is submitted and approved by the City.
The developer shall submit a Mylar tracing and four prints of the final plat and other required exhibits,
including a filing fee, to the Department of Community and Economic Development. The amount of the
fee is set forth in the Port Angeles Master Fee Schedule, appendix A of the PAMC. shall be set by
GFdinanee of the City Cauneil and may be amended GF changed by GFdonance fFOFR time te time.
Staff shall review the final plat submittal to determine its completeness and shall determine whether the
plat conforms with the approved preliminary plat, the provisions of the comprehensive plan, the zoning
code and other land use regulations, the City's urban services standards and guidelines, and these
subdivision regulations. If the final plat is determined to be complete by staff, the Community and
Economic Development Department staff shall make its recommendation to the City Council.
Following a recommendation of approval of the final plat, the Community and Economic Development
Department shall obtain the signatures of the County Health Officer (when required by the Commission),
City Clerk, City Manager, Fire Chief, Director of Public Works and Utilities, Community and Economic
Development Director, and City Attorney on the final tracing and shall submit the tracing of the final plat
to the City Council for approval and signature by the Mayor.
The City Council shall act upon the final plat at a public meeting_ withiR 30 day` Of ,,,,.eipt of such a plat that has
been deenned Gemplete by Gity sta4. The 30 day limit may be extended fFeFn the date ef the final plat beffing filed
with the Gemmunity and Eeenemic Development DepaFtment with the consent of the appliGant.
The developer shall have the final plat recorded within 30 days after the date the final plat is approved by the City
Council.
Within 30 days after recording, the developer shall obtain and provide to the Community and Economic
Development Department a Mylar or equivalent duplicate of the final recorded plat.
D. Approval and review of preliminary and final plats. When a proposed plat or subdivision is situated adjacent
to the right-of-way of state highways, said plat or subdivision shall be submitted to the Director of Highways.
Approval by the City shall be withheld until said Director or his assistant has made a report to the City.
When a proposed plat, subdivision or dedication is adjacent to unincorporated territory notice of such proposed
plat shall be given to the Clallam County. Planning Commission.
Any decision by the City Council approving or refusing to approve a plat or subdivision shall be reviewable for
arbitrary, capricious or corrupt action or non -action, by petition before the Superior Court of Clallam County, by
any aggrieved property owner of the County having jurisdiction thereof. Provided, that due application for petition
shall be made to such court within 21 days from the date of any decision so to be reviewed.
16.08.070 Requirements for acceptance of plats.
A. Data required for approval of preliminary plat. The preliminary plat shall be at a scale of not less than 200
feet to one inch. Data required for the preliminary plat shall include the following information, unless
otherwise specified by the City:
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1. Location, width and purpose of all easements, existing and proposed.
2. Name and right-of-way widths of all existing and proposed streets on or adjacent to the proposed
subdivision.
3. Approximate location and size of all utilities (water mains, sewers, etc.) on an adjacent to the proposed
subdivision.
4. Contours, based on City adopted vertical datum, shall have intervals of not more than five feet for
slopes of ten percent or more and not more than two feet for slopes of ten percent or less.
5. Locations of and results of tests made to ascertain subsurface soil, rock, and ground water conditions,
when required by the City Engineer.
6. Approximate locations of water courses, marshes, rock outcrops, wooded areas, natural retention
areas, direction of drainage, culverts, houses, all non-residential land uses and all other significant
features on and adjacent to the proposed subdivision.
7. Zoning on and adjacent to the proposed subdivision.
8. All highways or other major improvements planned by public authorities for future construction on or
near the proposed subdivision.
9. A vicinity sketch showing relation of the proposed subdivision to the surrounding area with regard to
major improvements.
10. The legal description of the tract to be platted, title under which the proposed subdivision is to be
recorded, names and addresses of the owners, date, scale, north arrow.
11. The legal description of the proposed lots.
12. Ownership of unsubdivided land adjacent to the proposed subdivision and names of adjoining existing
plats.
13. The required building setbacks and any existing buildings and/or major structures shall be shown for
each proposed lot as well as their distances from property lines.
14. Identification of each lot and each block.
15. Approximate square footage and scaled dimensions of each lot.
16. Summary of site data, including total acreage, acreage in residential use, acreage in streets, and
number of acres in parks and other non-residential land uses.
17. Environmental checklist with filing fee.
18. Shoreline and wetland permit applications and environmentally sensitive areas protection ordinance
compliance (when required).
19. Affidavits of posting and publication.
B. Subdivision improvements required. All street and utility improvements must be designed to comply with the
current WSDOT standards and as specified by the City Engineer and with 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. Plans and specifications for street and utility improvements
must be approved by the City Engineer prior to the beginning of construction. Minimum improvements shall
be as follows:
C. Streets.
1. The entire right-of-way shall be cleared and grubbed of all objectionable materials. Trees approved by
the City for preservation shall be identified.
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2. Streets shall be graded and improved with paving, curbs and gutters, drainage and sidewalks according
to the approved plans and roadway section.
3. Street lights shall be installed as specified by the City Engineer.
4. Street name signs shall be provided and installed by the City at cost to the developer.
5. Permanent monuments shall be installed and each lot shall be staked.
D. Utilities. A water distribution system, storm drainage system, electrical distribution system and a sanitary
sewage disposal system shall be designed and installed in accordance with 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.
E. Parks. Parks and recreation shall be provided consistent with 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.
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.
G. Required data for approval of final plat. The final plat shall be an 18-inch by 24-inch permanent reproducible,
and shall be at a scale of not less than 200 feet to one inch. A reduced copy no larger than 11-inch by 17-inch
shall be submitted with the final prints. For large subdivisions, the plat may be on several sheets,
accompanied by an index sheet showing the entire subdivision. The final plat shall be accompanied by a
report containing accurate square footage and dimensions of each lot and block and the coordinates of each
monument; a title report; and shall include a warranty that all assessments in favor of the City have been
paid.
The final plat and survey shall be based on the Washington Coordinate System, North Zone, as adopted by the City.
The final plat shall show the following:
1. A minimum of two permanent plat control monuments with coordinates, to which all dimensions,
bearings, azimuths and similar data on the plat shall be referred.
2. Permanent monuments at all corners.
3. Subdivision boundary lines, right-of-way lines, easements, lot lines with accurate dimensions, bearings
or azimuths, radii, central angles, and lengths of all curves.
4. Name and right-of-way width of each street. Any street not dedicated to the public must be so marked
on the face of the plat (RCW 58.17.165).
5. Location, dimensions and purpose of all easements.
6. Identification of each lot and block with addresses shown on the lots.
7. The required building setbacks and any existing buildings and/or major structures shall be shown for
each proposed lot as well as their distances from property lines.
8. Purpose for which sites, other than residential, are dedicated to the public or reserved for future
development.
9. The required building setbacks on each proposed lot.
10. Location and description of all monuments.
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11. The title under which the subdivision is to be recorded, true north and grid north arrows, scale and
legend.
12. Legal description of the land to be platted.
13 The legal description of the proposed lots.
14. Certification by registered land surveyor as to the accuracy of plat and survey.
15. Certificate by owner(s) containing the legal description of the land to be platted and dedicating roads,
rights -of -way, easements and any sites for public purposes.
16. Certification of approval by: ; (ab) Director of Public Works and Utilities;
(be) Health Department (when required); (cd) City Council; (de) City Manager, City Clerk, Fire Chief,
Community and Economic Development Director, and City Attorney.
17. Certification by the County Treasurer that all State and County taxes levied against the land to be
subdivided have been paid in full.
18. Certification of filing by County Auditor.
19. If improvements are to be deferred rather than actually installed prior to final plat approval, the plat
shall show a notation as follows: "No occupancy of dwelling units will be allowed until all roadway and
utility improvements have been completed and approved by the City Engineer."
16.08.080 Variances and modifications.
Where the City finds that extraordinary hardship may result from strict compliance with these regulations, it may
vary the regulations so that substantial justice may be done and the public interest secured; provided that such
variance will not have the effect of nullifying the intent and purpose of the Comprehensive Plan or these
regulations.
The standards and requirements of these regulations may be modified by the City through a Planned Residential
Development which in the judgment of the Hearing Examiner CerAmissieR 9F the Council will provide adequate
public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully
developed and populated, and which also will provide such covenants or other legal provisions as will assure
conformity with and achievement of the plan.
In granting variances and modifications, the City may require such conditions as, in its judgment, will secure
substantially the objectives of the standards or requirements so varied or modified.
CHAPTER 16.09 UNIT LOT SUBDIVISIONS
16.09.020 Application.
The following items are required, in quantities specified by the Community and Economic Development
Department, for a complete unit lot subdivision (ULS) application, unless waived by the Community and Economic
Development Director as not being applicable:
A. Complete ULS application form with required fee.
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B. Complete State Environmental Policy Act (SEPA) checklist and fee, unless exempt under the provisions
of PAMC 15.04.105.
C. Complete applications for other required land use approvals, if applicable.
D. A vicinity map showing location of site.
E. A drawing prepared to the following standards:
1. The drawing shall be to a scale of not less than one inch to 100 feet.
2. The drawing shall provide the following information:
a. The date, scale, and north directional arrow.
b. The boundaries of the entire parcel being platted, including all contiguous property owned
by the subdivider.
C. A legal description of the property being divided.
d. Identification, dimensions, and area of all proposed lots. Any existing interior lots to be
eliminated shall be shown by a dashed line and so noted.
e. The name and location of existing and proposed public rights -of -way.
f. The location of existing and proposed easements.
g. The required building setbacks on each proposed lot.
h. The location of existing and new buildings including distances from property and/or
leasehold lines, driveways, and parking calculations.
i. The locations and dimensions of sidewalks, roadways, and driveways.
j. The location of existing natural features, such as streams, rivers, wetlands, shorelines,
stormwater management, ravines and steep slopes.
k. The location and size of utilities, including, but not limited to, water, sewer, stormwater,
and fire hydrants existing and proposed. This includes the location of on -site stormwater
management best management practices.
I. Location of sensitive areas and sensitive area buffers (as well as slopes of 20 percent or
greater and drainage or other watercourses) on the site.
G-.F. Legal descriptions of all tracts contained within the boundaries of the plat.
W.G. A description of the method of common management of shared facilities.
16.09.030 Review procedures.
A. All procedural processes are outlined in Chapter 18.02 PAMC.
site, potential enyiFeRmental constraints, and standaFds ef development. The focus ef the meeting shall-iae
applieant.
Page 8 of 12
16.09.060 Final approval.
A. All procedural processes are outlined in Chapter 18.02 PAMC.
B. -A-.-Prior to final approval, a survey shall be performed by a licensed surveyor who shall submit a Mylar to
the Community and Economic Development Department for recordation. The Mylar shall be prepared to
acceptable survey standards and shall contain the information required in the preliminary drawing. The
Mylar shall also contain the required official recording block and signatures of the Community and
Economic Development Director, Public Works and Utilities Director, Fire Chief, and the property owner.
For those applications that require review by the Planning Commission, provision will be made for the
signature of the Chair of the Planning Commission. The survey and plan shall be consistent with the
conditions of preliminary approval.
C. B-0nce the Community and Economic Development Department determines the survey, plan, and any
other documents for recording are consistent with the preliminary approval, it will be reviewed by the
appropriate City departments and signed by the appropriate City officials.
D. Q.-After being certified for filing by the City, the ULS survey shall be filed by the applicant with the Clallam
County Auditor's Office. The applicant shall pay all costs associated with the filing. The ULS is not
considered final until a copy of the recorded document is returned to the City of Port Angeles Community
and Economic Development Department for record keeping purposes.
E. 0-. Upon final approval by the City, all developments shall conform to the ULS unless an amendment is
approved by the City.
CHAPTER 16.10 BINDING SITE IMPROVEMENT PLAN
16.10.30 Review procedures.
A All procedural processes are outlined in Chapter 18.02 PAMC.
Page 9 of 12
16.10.060 Final approval.
A. All procedural processes are outlined in Chapter 18.02 PAMC.
B. A. Prior to final approval, a survey shall be performed by a licensed surveyor who shall submit a Mylar to
the Community and Economic Development Department for recordation. The Mylar shall be prepared to
acceptable survey standards and shall contain the information required in the preliminary drawing. The
Mylar shall also contain the required official recording block and signatures of the Community and
Economic Development Director, Public Works and Utilities Director, Fire Chief, and the property owner.
For those applications that require review by the Planning Commission, provision will be made for the
signature of the Chair of the Planning Commission. The survey and plan shall be consistent with the
conditions of preliminary approval.
C. _Once the Community and Economic Development Department determines the survey, plan, and any
other documents for recording are consistent with the preliminary approval, it will be reviewed by the
appropriate City departments and signed by the appropriate City officials.
D. Q After being certified for filing by the City, the BSIP survey shall be filed by the applicant with the Clallam
County Auditor's Office. The applicant shall pay all costs associated with the filing. The BSIP is not
considered final until a copy of the recorded document is returned to the City of Port Angeles Community
and Economic Development Department for record keeping purposes.
E. _Upon final approval by the City, all developments shall conform to the BSIP unless an amendment is
approved by the City.
Page 10 of 12
16.10.090 Revisions.
Alteration of an approved and recorded BSIP shall be accomplished by application to the Community and Economic
Development Department and shall be subject to all procedures and requirements established in this chapter and
procedures established in Chapter 18.02 PAMC.
16.10.100 Reserved. Appeals,
A. Any peF50n aggFieved by the decision of the Community and EGenemiG Develepment DiFeGtar e_r the Planning
r.... mis5i. n Fn appeal the decision to the Git y !"..until
9. Appeals Must be submitted W the Community and Frenernir- Develepment Depakment in writing within 14
days fellewing the date of mailing of the decision to the applicant and be accompanied by the appeal fee as
Set forth in as resolution allthOFized by Gha rt2rl.2Wont Appendix n
G. The City Geuneil shall Genduc-t an epen FeGeFd public heaFing an the appeal, and Fnay upheld, FeveFse, OF
.,.dify the deGisionand shall set fGFth ...itteR fi...diRgS Of fact
appeal;D. The time peFied fGF eeRsideFing administFative appeals shall Ret exGeed 90 days fGF aR epeR Fecerd
pFevided, heweveF, that paFties to the appeal may agFee te extend the time peFied. The Council's deeffisi
shall be final unless appealed te Glallam County SupeFieF GEWFt in aCCOFdame-e- %vffith PANAC 18.02.130.
CHAPTER 16.12 BOUNDARY LINE ADJUSTMENTS
16.12.060 Community and Economic Development Department decision.
All procedural processes are outlined in Chapter 18.02 PAMC. The Community and Economic Development
Department's decision shall be based on whether or not the proposed boundary line adjustment meets the following
standards:
A. The boundary line adjustment does not create any additional new lots;
B. The boundary line adjustment does not create any lot which does not meet the minimum lot width and
area standards for the zone district in which it is located;
C. The boundary line adjustment does not increase the degree of nonconformance of structures, lots, or
other factors with respect to zoning standards;
D. The boundary line adjustment makes provision for all necessary utility easements;
E. The adjusted lots meet the requirements of the short plat ordinance, Chapter 16.04 PAMC, with
respect to configuration and access to public streets; or if the existing lots do not meet these
requirements, the adjusted lots shall not increase the degree of nonconformity.
The Gemmunity and Eeenemie DevelopmeRt DepaFtment shall take action OR the Feeluest within 20 weFking days
fFE)Fn when the application is deemed eemplete. The appliGant shall be notified iR WFitiRg of the aetiw:�.
16.12.080. Appeals. Is Repealed in its Entirety.
CHAPTER 16.14 PLAT VACATIONS AND ALTERATIONS
Page 11 of 12
16.14.020 Plat alterations.
A. Any person may submit for City review and approval an application to alter a subdivision or short subdivision
plat, or portion thereof, or any area designated for public use.
B. Alterations shall be classified as major or minor.
1. Proposed alterations shall be considered major if the alteration would result in:
i. A change of the approved land use(s);
ii. An increase in the number of dwelling units;
iii. A change in the location or design of approved streets, driveways, or parking areas that affects
traffic flows;
iv. A reduction in the approved parks or open space;
V. Any change that requires a new or supplemental environmental assessment;
vi. Substantive changes to required mitigation measures or proposed improvements; or
vii. A public hearing is requested pursuant to RCW 58.17.215.
2. A proposed alteration that is not described in subsection B.1 immediately above, shall be considered a
minor alteration.
C. The application shall include, at the minimum, the following:
The application shall state the reasons for the proposed alteration and shall contain the signatures of a
majority of parties that have an ownership interest in the portion of the subdivision to be altered;
If the proposed alteration would affect any covenants or would alter the terms and conditions of plat
approval, an agreement signed by all parties shall be submitted documenting agreement to the
proposed termination or alteration of the covenants and conditions of approval; and
A statement of facts demonstrating that the proposed alteration will not adversely affect the public
health or safety, and is in the public interest.
D. Process for plat alterations. All procedural processes are outlined in Chapter 18.02 PAMC.
-;;Ad-
Economic Development, in aCCOFdance with PFGVi5*GRS of section 2.18 (1GC
Except as provided in this chapter, applications for alterations shall be processed as provided in RCW
58.17.215.
Page 12 of 12
Attachment C
Only those portions of Chapter 17.13 PAMC detailed in this attachment are being modified.
All other portions of Chapter 17.13 PAMC remain unchanged.
CHAPTER 17.13 RTP - RESIDENTIAL TRAILER PARK
17.13.070 Procedure for approval.
A. All procedural processes are outlined in Chapter 18.02 PAMC.
complete by the City.
peFfflffit RB. PublurC heaFing 9R the pFeliminaFy development plan and, if applirzable, the pFeiiminaFy plat and e
C. AppFeyal by the Hearing Examiner of the pFeliminaFy developmeRt plaR and other actions as applicable
fteF the cles , of the publiG heaFi g; and
B. Final approval may only be granted by the Department of Community and Economic Development
DCED after all conditions of preliminary approval have been met or bonded for by the applicant. No
lots may be offered for sale prior to preliminary plat approval by the Hearing Examiner.
17.13.080-Pre-application review. Is Repealed in its Entirety.
17.13.090 Application procedure.
The application for a RTP 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; 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, if applicable.
C. A survey of the property showing existing features, including contours at five-foot intervals, existing
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 proposed buildings, open space, recreation areas, parking areas, circulation, landscape
areas, subdivision platting and general arrangement.
E. Detailed site statistics including, but not limited to:
Page 1 of 3
1. Total site area in both acres and square feet;
2. Site coverage expressed in square feet and percentage of;
a. Total footprint area of buildings for:
i. Residential structures;
ii. Non-residential structures.
b. Roadway and sidewalk paved surfaces;
C. Parking lot areas;
d. Any areas paved with permeable paving systems.
3. Total area in lots;
4. Open space area:
a. Common usable open space (must be 15 percent of site);
b. Total area dedicated to open space (must be 30 percent of site).
5. Number and location of off-street parking spaces;
6. Number of residential units proposed;
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. A preliminary utilities plan, including fire hydrant locations.
H. A preliminary storm drainage plan with calculation of impervious areas.
I. A circulation plan showing all means of vehicular and pedestrian ingress and egress to and from the
site; size and location of driveways, streets, sidewalks, trails, and off-street parking spaces. Any new
traffic control devices required for the safety of the project must be shown.
j. Mailing labels of pFepeFty ewneFS within 300 feet of the proposed pFejec;t puFsUaRt to seetian
1 :7 oc Inn PAMQ.
17.13.100 Routing and staff recommendations. Is Repealed in its Entirety.
17.13.110 Hearing Examiner public hearing —Scheduling and notice. Is Repealed in its Entirety.
17.13.120 Hearing Examiner decision —Preliminary development plans.
PrieF to making a decision en an application for a pFeliMiRaFy RT-12, the HeaFiAg ExamineF shall hold a public
heaFiRg. The Hearing Examiner's decision for approval, denial, or approval with modifications or conditions, shall
be in written form based upon compliance with section PAMC 17.13.050 and the following criteria:
A. The proposed development will comply with the policies of the comprehensive plan and further
attainment of the objectives and goals of the comprehensive plan.
B. The proposed development will, through the improved utilization of open space, natural topography,
transitional housing densities and integrated circulation systems, create a residential environment of
higher quality than that normally achieved by traditional development of a subdivision.
C. The proposed development will be compatible with adjacent, existing, and future developments.
Page 2 of 3
D. All necessary municipal utilities, services and facilities, existing and proposed, are adequate to serve
the proposed development.
17.13.160 Final action. Is Repealed in its Entirety.
17.13.180 Modifications after final approval. Is Repealed in its Entirety.
Page 3 of 3
Attachment D
Only those portions of Chapter 17.19 PAMC detailed in this attachment are being modified.
All other portions of Chapter 17.19 PAMC remain unchanged.
CHAPTER 17.19 PRD - PLANNED RESIDENTIAL DEVELOPMENT OVERLAY ZONE
17.19.070 Procedure for approval.
The procedure for approval of a PRD shall be composed of three steps:
A. All procedural processes are outlined in Chapter 18.02 PAMC. Conceptual plan submittal apd
ReighlaaFheed meeting. This step eCCUFs befWe an applir;atien as accepted as complete by the City;
B. & Final approval may only be granted after all conditions of preliminary approval have been met or
bonded for by the applicant. No lots may be offered for sale prior to plat approval by the DiFectOF-Gf
Community and EeeReFnir; Development.
17.19.080 Pre -application review. Is Repealed in its Entirety.
17.19.090 Application procedure.
The application for a PRD 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;
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, existing
buildings, structures, streets, utility easements, rights -of -way, environmentally sensitive areas, and
existing land uses.
D. A vegetation survey of the property by either: (a) an aerial photograph of the property in a scale
acceptable to the City, that identifies significant groupings of trees and unusual or fine specimens of
their species; or (b) a survey of all trees over 12 inches in trunk diameter measured at four feet above
the ground; as determined by the Director of DCED, in those areas where improvements are proposed.
General wooded areas where no improvements are proposed will require a vegetation survey
containing the following elements:
A mapping of the extent of the wooded areas with survey of perimeter trees only.
Page 1 of 3
2. A narrative regarding the types (species) and condition of the trees and under -story in the
wooded area.
3. Identification of trees that are unusual or fine specimens of their species.
4. In general wooded areas where minor improvements are proposed, a survey of trees over 12
inches in trunk diameter measured at four feet above the ground will be required to a reasonable
distance around the improvements.
E. Preliminary site plans showing existing and proposed contours at five-foot intervals, location and
dimensions of proposed buildings, open space, recreation areas, parking areas, circulation, landscape
areas, subdivision platting and general arrangement.
F. Detailed site statistics including, but not limited to:
1. Total site area in both acres and square feet;
2. Site coverage expressed in square feet and percentage of;
a. Total footprint area of buildings for:
i. Residential structures;
ii. Non-residential structures.
b. Roadway and sidewalk paved surfaces;
C. Parking lot areas;
d. Any areas paved with permeable paving systems;
3. Total area in lots;
4. Open space area:
a. Common usable open space (must be 15 percent of site);
b. Total area dedicated to open space (must be 30 percent of site);
5. Number and location of off-street parking spaces;
6. Number of residential units proposed;
7. Total number of lots being created;
8. Density of site expressed as residential units per acre.
G. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
H. If a developer elects to obtain additional density credits, the site plan application shall contain specific
information relating to the additional density credit criteria of sections 15.20.070 and 15.24.070.
I. Preliminary elevation and perspective drawings of project structures.
1. Individual building footprints;
2. Housing type and/or style proposed for each individual lot.
J. A preliminary utilities plan, including fire hydrant locations.
K. A preliminary storm drainage plan with calculation of impervious areas.
L. A circulation plan showing all means of vehicular and pedestrian ingress and egress to and from the
site; size and location of driveways, streets, sidewalks, trails, and off-street parking spaces. Any new
traffic control devices required for the safety of the project must be shown.
Page 2 of 3
17.19.100 Routing and staff recommendations. Is Repealed in its Entirety.
17.19.110 Hearing Examiner public hearing —Scheduling and notice. Is Repealed in its Entirety.
17.19.120 Hearing Examiner decision —Preliminary development plans.
Prier te making a decision on aR applicatien feF a pFeliminaFy PRID, the HeaFiAg ExamineF shall he'd a public
heaF+ag. The Hearing Examiner's decision for approval, denial, or approval with modifications or conditions, shall
be in written form based upon compliance with section 17.19.050 and the following criteria:
A. The proposed development will comply with the policies of the comprehensive plan and further
attainment of the objectives and goals of the comprehensive plan.
B. The proposed development will, through the improved utilization of open space, natural topography,
transitional housing densities and integrated circulation systems, create a residential environment of
higher quality than that normally achieved by traditional development of a subdivision.
C. The proposed development will be compatible with adjacent, existing, and future developments.
D. All necessary municipal utilities, services and facilities, existing and proposed, are adequate to serve
the proposed development.
E. Internal streets serving the proposed development are adequate to serve anticipated traffic levels and
the street system of the proposed development is functionally connected by an improved collector
street to at least one improved arterial street.
F. If the development is planned to occur in phases, each phase shall meet the requirements of a
complete development.
17.19.160 Final action. Is Repealed in its Entirety.
17.19.180 Modifications after final approval. Is Repealed in its Entirety.
Page 3 of 3
Attachment E
Only those portions of Chapter 17.31 PAMC detailed in this attachment are being modified.
All other portions of Chapter 17.31 PAMC remain unchanged.
CHAPTER 17.31 PID - PLANNED INDUSTRIAL DEVELOPMENT OVERLAY ZONE
17.31.070 Procedure for approval.
The procedure for approval of a PID shall be composed of three steps:
A. All procedural processes are outlined in Chapter 18.02 PAMC. Conceptual plan subMittal a
City;
B. . Final
approval may only be granted after all conditions of preliminary approval have been met or bonded for
by the applicant. No lots may be offered for sale prior to preliminary plat approval by the City Co ^�i'
17.31.080 Pre -application review. Is Repealed in its Entirety.
17.31.130 Application procedure.
The application for a PID 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, but not limited to,
the proposed number of dwelling units by type, such as single-family detached, row housing and
apartments; information on any special features, conditions of which cannot be adequately shown on
drawings; types of commercial structures and required parking; and an explanation of any covenants,
continuous maintenance provisions, and/or homeowners association for the project;
C. A survey of the property showing existing features, including, but not limited to, total site area,
contours at five-foot intervals, buildings, structures, streets, utility easements, rights -of -way,
environmentally sensitive areas and existing land uses;
D. If the site has been previously used as an industrial site where petroleum products, pesticides, or other
hazardous chemicals or products were used or stored, a soil survey indicating the location and
amounts of pollution on the site. When hazardous levels of pollutants are found, a clean-up or
remediation plan is required;
E. A vegetation survey of the property by either: (a) an aerial photograph of the property in a scale
acceptable to the City that identifies significant groupings of trees and unusual or fine specimens of
Page 1 of 3
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. General
wooded areas where no improvements are proposed will require a vegetation survey containing the
following elements:
1. A mapping of the extent of the wooded areas with survey of perimeter trees only.
2. A narrative regarding the types (species) and condition of the trees and under -story in the
wooded area.
3. Identification of trees that are unusual or fine specimens of their species.
4. In general wooded areas where minor improvements are proposed, a survey of trees over 12
inches in trunk diameter measured at four feet above the ground will be required to a reasonable
distance around the improvements.
F. Preliminary site plans and calculations including, but not limited to:
1. Existing and proposed contours at five-foot intervals,
2. Location and principal dimensions of buildings,
3. Total footprint area of buildings,
4. Size and location of open space areas,
5. Size and location of environmentally sensitive areas,
6. Size and location of recreation areas,
7. Size and location of paved areas using permeable paving systems,
8. Landscape areas,
9. Subdivision platting and general arrangement of lots,
10. Density of project expressed as residential units per acre.
G. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC;
H. If a developer elects to obtain additional density credits, the site plan application shall contain specific
information relating to the additional density credit criteria for environmentally sensitive areas of
section 15.20.070, and for wetland buffer areas of section 15.24.070;
Preliminary elevation and perspective drawings of project structures;
A preliminary utilities plan, including fire hydrant locations;
K. A preliminary storm drainage plan with calculation of impervious areas;
L. A parking and circulation plan showing all means of vehicular and pedestrian ingress and egress to and
from the site, size and location of driveways, streets, sidewalks, trails, and parking spaces. Any new
traffic control devices required for the safety of the project must be shown;
M. A phasing plan if the project is designed to be completed in phases;
N. Mailing labels of prapeFty ewneFS WithiR 300 feet ef the site PUFSuant to section 1:7.96.140 PAMQ
17.31.140 Routing and staff recommendations. Is Repealed in its Entirety.
17.31.150 Hearing Examiner public hearing —Scheduling and notice. Is Repealed in its
Entirety.
Page 2 of 3
17.31.160 Hearing Examiner decision.
PFiOF W making a deGisien on an application fGF a PID, the HeaFiAg ExamineF shall hold a publiG . The
Hearing Examiner's decision on a PID shall be approval, denial, or approval with modifications or conditions in
written form based upon compliance with section 17.31.050 and the following criteria:
A. The proposed development will comply with the policies of the Comprehensive Plan and further
attainment of the objectives and goals of the Comprehensive Plan.
B. The proposed development will, through the improved utilization of open space, natural topography,
densities, landscaping and integrated circulation systems, create a mixed use environment of higher
quality than that normally achieved by traditional development.
C. The proposed development will be compatible with adjacent, existing, and future developments.
D. All necessary municipal utilities, services, and facilities, existing and proposed, are adequate to serve
the proposed development.
E. Internal streets serving the proposed development are adequate to serve anticipated traffic levels and
the street system of the proposed development is functionally connected by an improved collector
street to at least one improved arterial street.
F. If the development is planned to occur in phases, each phase shall meet the requirements of a
complete development. Developments of less than 3.44 acres shall not be done in phases.
17.31.200 Final action. Is Repealed in its Entirety.
17.31.220 Modifications after final approval. Is Repealed in its Entirety.
Page 3 of 3
Attachment F
Only those portions of Chapter 17.37 PAMC detailed in this attachment are being modified.
All other portions of Chapter 17.37 PAMC remain unchanged.
CHAPTER 17.37 MCO - MIXED COMMERCIAL OVERLAY
17.37.070 Procedure for approval.
A. All procedural processes are outlined in Chapter 18.02 PAMC.
applicatiOR Feview by a4eGted City depaFtments. This step eGGUFS before an appliGatien is arzeepted as
cemplete by the City;
C. Submittal to and acceptaRGe ef complete plan by the Gity. A complete plan paeket shall GaRtain all
FequiFed I ..+S deemed neeeSSaFy by twen 1 :7 37 non.
D. A public heaFiRg en the pFelimffinaFy development plaR and, if applicable, the pFelffiminary plat and etheF
peFFn'+ actions. This +ep I+in a decision by the He n lixamiReF On the -.I. and-
B. € + the final .deyelnn., eRt plan and platFinal approval shall be granted after all conditions of
approval have been met or bonded for by the applicant. No lots may be offered for sale prior to
preliminary plat approval •
Page 1 of 4
17.37.090 Application procedure.
The MCO shall be established only in conjunction with a Master Plan which generally specifies the parameters for
development of the property. The Master Plan 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. The applicant, any authorized
representative of the applicant, and if applicable, the names, addresses and telephone numbers of any
land surveyor, architect, planner, designer or engineer responsible for preparation of the plan.
B. A narrative explaining the proposed use(s) of the land and buildings, including, but not limited to,
documentation of smart growth practices, infill, utilization of existing infrastructure, walkability, and
orientation to transit; information on any special features, conditions of which cannot be adequately
shown on drawings; and an explanation of continuous maintenance provisions, 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. Site plans showing 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. Total area in lots and number of lots being created;
3. Site coverage expressed in square feet and percentage of:
a. Total footprint area of buildings and their proposed use;
b. Roadway and sidewalk paved surfaces;
C. Parking lot areas and total parking spaces proposed;
d. Any areas paved with permeable paving systems;
e. Location and percentage of common open space and landscaped area;
f. Number of residential units (if proposed) and approximate square footage.
4. Preliminary elevation and perspective drawings of all project structures;
5. A preliminary utilities plan, including fire hydrant locations;
6. A preliminary storm drainage plan with calculation of impervious areas.
Landscape plan:
1. A landscape plan shall be created for the entire site with more detailed plans for each
development within the respective portions of the larger site. The plan shall include a consistent
palette of planting materials for use throughout the development.
2. Each lot/parcel must be landscaped so as to fit into the overall scheme of the MCO landscape,
regardless of who owns the individual lot.
3. The landscape plan shall include "significant" tree and native vegetation inventory. The inventory
must be conducted prior to development. "Significant" trees are those with at least a three-inch
diameter trunk at breast height (dbh) (four feet) above grade.
a. All trees deemed as "significant" shall be protected during construction.
Page 2 of 4
b. A tree protection plan shall be included as part of the landscape plan showing root zone
protection areas, appropriate methods to exclude construction impacts.
4. Native plant and tree species. The use of native plant and tree species for landscaping is
permitted and encouraged within the MCO. Specifically, drought -resistant plantings will
eliminate the need for irrigation other than collected rainwater.
5. Detailed specifications of plants and trees proposed for landscaping on -site.
G. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
H. 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.
17.37.100 Reutingand Staff recommendations.
The following characteristics shall be among those used by the Director of the Department of Community and
Economic Development to determine whether a use is functionally integrated with or substantively related to, the
central mission of the use:
A. Functional association of buildings;
B. How well are proposed uses integrated with one another;
C. Ease of physical circulation/access connections;
D. Potential for shared facilities or staff;
E. Degree of interdependence among uses;
F. Similar or common functions, services or products;
G. Proximity to areas previously developed under this MCO Code section.
17.37.110 Hearing Examiner public hearing —Scheduling and notice. Is Repealed in its Entirety.
17.37.120 Hearing Examiner action.
PF60F tG making a decision en an application fGF a MCC), the HeaFing ExamineF shall hold a public heaF4-+g. The
Hearing Examiner's decision for approval, denial, or approval with modifications or conditions of the preliminary
MCO shall be made in written form based upon compliance with section 17.19.050 PAMC and the following
criteria:
A. The proposed development will comply with the policies of the Comprehensive Plan and further
attainment of the objectives and goals of the Comprehensive Plan.
Page 3 of 4
B. The proposed development will, through the improved utilization of landscaping, and integrated
circulation systems, create an environment of higher quality than that normally achieved by traditional
lot by lot development.
C. The proposed development achieves smart growth goals and principles through infill, redevelopment,
and establishment of a pedestrian and transit -friendly environment.
D. The proposed development will be compatible with adjacent, existing and future developments.
E. All necessary municipal utilities, services, and facilities, existing and proposed, are adequate to serve
the proposed development.
F. Internal streets serving the proposed development are adequate to serve anticipated traffic levels and
the street system of the proposed development is functionally connected by an improved collector
street to at least one improved arterial street.
G. If the development is planned to occur in phases, each phase shall meet the requirements of a
complete development.
17.37.180 Modifications after final approval. Is Repealed in its Entirety.
Page 4 of 4
Attachment G
Only those portions of Chapter 17.44 PAMC detailed in this attachment are being modified.
All other portions of Chapter 17.44 PAMC remain unchanged.
CHAPTER 17.44 PLID - PLANNED LOW IMPACT DEVELOPMENT OVERLAY ZONE
17.44.170 Procedure for approval.
All procedural processes are outlined in Chapter 18.02 PAMC. PFiGF t9 applying fGF ^ Q"^ ^ develapeF `hall subMit
sulaseGtien
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.
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.
Page 1 of 3
C. A survey of the property containing the information required in subsections 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. Nonresidential 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
sections 15.20.070 and 15.24.070.
I. A preliminary utilities plan, including fire hydrant locations.
J. A small project stormwater plan or large project stormwater plan that meets Chapter 5 of the City of
Port Angeles Urban Services Standards and Guidelines Manual, site development standards and NPDES
permit requirements.
K. An off-street parking plan and circulation plan showing:
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.
Page 2of3
17.44.200 Routing and staff recommendations. Is Repealed in its Entirety.
17.44.210 Hearing Examiner public hearing —Scheduling and notice. Is Repealed in its Entirety.
17.44.240 Final approval of PLID.
Application for final approval of a PLID shall be submitted to the Community and Economic Development
Department 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 Community and Economic Development Department, for one or more one-year extensions as the
department may deem appropriate. The site must be under one ownership prior to final approval by the Hearing
Examiner. 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.
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.
F. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.08 PAMC.
G. Development schedule.
H. 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.
I. Covenants, conditions and restrictions and/or homeowners' association agreement.
j. MailiRg labels of lampeFty ewneFs within 300 feet of the pFepesed pFoject PUFSuant te section
1 :7 oc Inn RAM
17.44.250 Final action. Is Repealed in its Entirety.
17.44.280 Modifications after final approval. Is Repealed in its Entirety.
Page 3 of 3
Attachment H
Only those portions of Chapter 17.45 PAMC detailed in this attachment are being modified.
All other portions of Chapter 17.45 PAMC remain unchanged.
CHAPTER 17.45 IOZ - INFILL OVERLAY ZONE
17.45.070 Procedure for approval.
A. All procedural processes are outlined in Chapter 18.02 PAMC.
submittal and neighbWheed Meeting. This step 9CCUFs befgFe an lQZ applicatian as aecepted as
cemplete by the City;
B. Public; heaFiRg 9A the pFeliminaFy develepment plan apd, Of applicable, the pFeliminaFy plat and etheF
B. 8
Development (DCED). Final approval may only be granted after all conditions of approval have been
met or bonded for by the applicant. No lots may be offered for sale prior to preliminary plat approval
by the HeaFiRg ExamineF.
17.45.080 Pre -application review. Is Repealed in its Entirety.
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.
Page 1 of 3
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 building coverage expressed in square feet and percentage of:
a. Total footprint area of buildings for:
i. Residential structures;
ii. Nonresidential 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 IaFepeFty owneFS WithiA 300 feet ef the PFOpesed PFE)je6t PuFsuant to section
1 7 96 inn PA M
17.45.100 Routing and staff recommendations. Is Repealed in its Entirety.
17.45.110 Hearing Examiner public hearing —Scheduling and notice. Is Repealed in its Entirety.
Page 2 of 3
17.45.120 Hearing Examiner decision —Preliminary development plans.
PFOOF W Fnal( ng a decision on an application fGF a pFelimipaFy IQZ, the HeaFiRg ExamipeF shall hold a publie heaFipgr
The Hearing Examiner's decision for approval, denial, or approval with modifications or conditions shall be in
written form based upon compliance with section 17.19.050 and the following criteria:
A. The proposed development will comply with the policies of the Comprehensive Plan and further
attainment of the objectives and goals of the Comprehensive Plan.
B. The proposed development will, through the improved utilization of housing densities landscaping, and
integrated circulation systems, create a residential environment of higher quality than that normally
achieved by traditional development of a subdivision.
C. The proposed development achieves smart growth goals and principles through infill, redevelopment,
and establishment of a pedestrian and transit -friendly environment.
D. The proposed development will be compatible with adjacent, existing and future developments.
E. All necessary municipal utilities, services and facilities, existing and proposed, are adequate to serve
the proposed development.
F. Internal streets serving the proposed development are adequate to serve anticipated traffic levels and
the street system of the proposed development is functionally connected by an improved collector
street to at least one improved arterial street.
G. If the development is planned to occur in phases, each phase shall meet the requirements of a
complete development.
17.45.160 Final action. Is Repealed in its Entirety.
17.45.180 Modifications after final approval. Is Repealed in its Entirety.
Page 3 of 3
Attachment I
Only those portions of Chapter 17.96 PAMC detailed in this attachment are being modified.
All other portions of Chapter 17.96 PAMC remain unchanged.
CHAPTER 17.96 ADMINISTRATION AND ENFORCEMENT
17.96.050 Conditional use permit. Is Repealed in its Entirety.
17.96.055 —Administrative conditional use permit. Is Repealed in its Entirety.
17.96.060 Unclassified use permit. Is Repealed in its Entirety.
17.96.065 — Minor deviations. Is Repealed in its Entirety.
17.96.070 Hearing and appeal of conditional or unclassified use permit applications. Is
Repealed in its Entirety.
17.96.075 Temporary use permits. Is Repealed in its Entirety.
17.96.080 Variances. Is Repealed in its Entirety.
17.96.090 Filing fees. Is Repealed in its Entirety.
17.96.110 Subdividing. Is Repealed in its Entirety.
17.96.130 Entry upon private property.
The Building Official, Fire Marshal wembeFS Of the Planning Gemmi"°^", and the Planning or Public Works staff, in
the performance of their official functions and duties, may, on notification, except in an emergency, enter upon
any land and make examinations and surveys necessary to carry out this Title. Provided, that such entries and
examinations do not damage or interfere with the use of the land by those persons lawfully entitled to the
possession thereof.
17.96.140 Notice of public hearings. Is Repealed in its Entirety.
17.96.150 Appeals. Is Repealed in its Entirety.
Page 1 of 1
Attachment J
Only those portions of Chapter 18.02 PAMC detailed in this attachment are being modified.
All other portions of Chapter 18.02 PAMC remain unchanged.
CHAPTER 18.02 - ADMINISTRATION OF PROJECT PERMIT APPLICATIONS AND
Article I. Types of Protect Permits.
18.02.010 Purpose.
A. The purpose of this chapter is to implement the requirements of the provisions of Chapter 36.70B RCW_
(the Local Project Review Act) regarding compliance, conformity, and consistency of proposed projects with
the City of Port Angeles Comprehensive Plan and development regulations. This chapter also establishes
standard procedures decision criteria public notification and timing for project permit decisions made by
the City of Port Angeles.
B. These procedures are intended to.
1. Promote timely and informed public participation;
2. Eliminate redundancy in the application permit review, and appeals processes;
3. Process permits equitably and expediently;
4. Ensure that decisions are made consistently and predictably; and
5. Result in development that furthers City goals as set forth in the Comprehensive Plan.
C. These procedures provide for an integrated and consolidated permit process.
18.02.020 Definitions. DeyelepmeRt ,.,.,k atieRs
A. Proiect hermit or oroiect permit applications. Any land use or environmental permit or license required
from a local government for a project action including but not limited to building permits clearing and
grading permits right-of-way construction permits development applications subdivisions binding site
plans planned unit developments conditional uses shoreline substantial development permits, site plan
review, permits or approvals required by critical area ordinances site -specific rezones which do not require
a comprehensive plan amendment but excluding the adoption or amendment of a comprehensive plan,
subarea plan or development regulations except as otherwise specifically included in this subsection.
B. Applicable Director. For the purposes of this chapter, applicable director means the Director of Community
and Economic Development the Building Official the Director of Public Works and Utilities the City
Engineer, the Fire Marshal or any of their designees. Each section noting applicable director shall be solely
dependent on the department responsible for the specific project permit process.
Page 1 of 35
18.02.030 Project permit processing procedures. CgRt Rt of appi;eatieRs
For the purpose of project permit processing under this code, all development applications will be classified as one
of the following: Type 0, Type I, Type II, Type III, or Type IV (see table 18.02.050 — 2 below). Legislative decisions are
classified as Type V actions and are addressed in Chapter 18.04 PAMC. Exemptions from project permit application
processing requirements are set forth in PAMC 18.02.090.
18.02.040 Determination of proper procedure type. I)eteFFR*RatmE)R „f r„mpleteRess
A. Determination by the Applicable Director. The Applicable Director will determine the proper procedure for
all development applications. Questions concerning the appropriate procedure shall be resolved in favor of
the higher -numbered procedure.
B. Optional Consolidated Permit Processing. An application that requires two or more permits may be
processed concurrently under the highest numbered procedure required for any part of the application or
may be processed individuallv under each of the application procedures identified in PAMC 18.02.160. The
applicant can choose whether the application is processed collectively or individually. If processed
separately, the highest -numbered Type procedure must be completed first, followed by the remaining
procedures descending from highest to lowest.
C. Decisionmaker(s). Applications processed in accordance with subsection B of this section, with the same
procedure type, but are assigned to different hearing bodies, shall be heard collectively by the highest
decisionmaker with the City Council being the highest body, followed by the hearing examiner, and then
the Applicable Director.
.
i n eemplete
t I
T.
Page 2 of 35
18.02.050 Project Permit application framework. Nett -me „f deeyelep. eRt pliGat;GR
Table 18.02.050 - 1 Action Types — Recommendation/Approval Process
Type of Decision:
a
No
Optional
Yes'
Yes
N/A
Yes
� NA
Staff
Staff
Applicable
N/A
Planning
Commission
Director
Staff
No
No
No
Hearing
Examiner
Yes
' Can be waived at the
Applicable
Applicable
Hearing
Examiner
City
Council
No
City Council
Director
Director
N A
No
Yes
Yes
No
No
Yes
Depends,
Yes'
N/A
see
footnoteZ
No
No
No
N A
Hearing
Examiner
Hearing
Examiner
Yes
the Applicable
N/A
Yes
Director on a
N/A
Yes
case -by -case
N/A
Yes
basis if it is
Yes
discretion of
determined that the necessary information can be conveyed to the applicant by other means,
such as an inquiry appointment.
' No public hearing for final plats Open record public hearing is required for site specific
rezones.
'Only if required by state law.
'Business Days after payment is received.
Page 3 of 35
Table 18.02.050 - 2 Permit Types - Decisions
Abandoned
Tank
Removals
Allowed,
permitted, or
accessory uses not
Administrative
Conditional Use
Conditional Use
Site Specific
Rezones
Amendments
to
Development
Permits
requiring notice of
Permits
Regulations
application.
Residential
Ducted Heat
Building Permits
Administrative
Conditional Use
Conditional Use
Amendments
Permits Required
Permits Required
to the Port
Angeles
Municipal Code
categorically
exempt from SEPA
for Transitional
for Transitional
Housing Facilities
Pump
Housing Facilities
5+units
1-4 Units
Major
Residential
Ductless Heat
Business Licenses
Building Permits
Amendments to
Annexations
an approved Plat
requiring SEPA
or Planned
Residential
Pump
Development
Residential
Hood or Vent
Clearing and
Grading Permits
Cottage Industries
Major Variances
Comprehensive
Plan
Amendments
Residential
Miscellaneous
Critical Area
Exemptions
Discretionary
Conditional Use
Minor Deviations
Development
Mechanical
Permits
21-30%
Agreements
Permits
Residential
Major Mobile or
Itinerant Vendor
Miscellaneous
Director's
Determinations'
Plat vacation
Area -Wide
Rezones
Plumbing
Hosting Site Plan
Review
Permits
Shoreline
Residential
Propane
Tanks
Electrical Permits
Minor Plat
Amendment
Preliminary
Overlay Zones
Master
Program
Adoption and
Amendments
Preliminary
Master Land
Residential
Re -roof
Permits
Environmentally
Sensitive Area
Permits and
Extensions
Minor Variances
Planned
Residential
Development
PRD
Use, Subarea,
Functional
and/or Utility
Plans and
Amendments
Residential
Solar Panels
Fee Waivers
Preliminary
Binding Site Plan
Preliminary Plats
Plans and
Amendments
Residential
Water Heater
Final Binding Site
Preliminary Unit
SEPA Review
(associated with a
Plans
Lot Subdivision
Replacement
public hearing)
Page 4 of 35
Sidin
Replacement
Final Boundary
Line Adjustments
SEPA Review (not
Shoreline
Conditional Uses
associated with a
public hearing)
Waterlines
Meter to
Building)
Final Overlay Zones
Shoreline
Substantial
Development
Permits2
Shoreline
Substantial
Development
Permits'
Water
Distribution
Lines
Final Planned
Residential
Development
PRD
Temporary
Housing Facilities
Shoreline
Variances
Final Plats
Wetland Permits
Temporary Uses -
one to five years.
Final Short Plats
Unclassified Use -
Conditional Use
Permits
Final Unit Lot
Subdivisions
Fire Alarm Permits
Fire Permits —any
other approval
provided by the
Fire Department —
Office of the Fire
Marshal.
Fire Sprinkler
Permits
Flood
Development
Permits
Home Businesses/
Home Occupation
Permit
Land -Use
Verification
NICE grants
Minor
Amendments to an
approved Plat,
Binding Site Plan,
or Planned
Residential
Development
Minor Deviations
up to 20%
Minor Mobile or
Itinerant Vendor
Hosting Site Plan
Review
Page 5 of 35
Preliminary
Boundary Line
Adjustments
Preliminary Short
Plats
Reasonable Use
Exceptions
Regulatory Mobile
or Itinerant Vendor
Permit
Right -of -Way
Construction
Permits
Sales and Use Tax
Grants
Shoreline
Exemptions
Short -Term
Lodging Licenses
Sign Permits
Site Plan Review
Temporary Uses up
to one year
Utility Feasibility
Requests
Wetland Permit
Extension
Wetland
Temporary
Emergency Permit
1 See PAMC 18.02.240 for applicable procedures.
2Only if the application is for a permitted use and receives a threshold determination of non -significance.
3 Except for Type II shoreline substantial development permits.
Page 6 of 35
he d
9. City staff 6e Rtact and pheRe .. .. beF
W. Date, time, Rd lace of p blie heaFi .. If eRe has heeR scheduled.
developmeRt FegHlatieRs that will be used fE)F PFE)jeet Pnitigatk)R and staterpe.pt ef r-e-AsisteREy with
1 —2. St_;#P_.PAP_Rt that the deeisieR eR the app! eatiE)R will be made WithiR 120 days ef the date Of the letteF e
cE)R�pieteRess.
B. The REA ee E)f develepmeRt application shall be pasted eR the subjeet pFepeFty and published E)RC-- R a'
RewspapeF .,f ,.,,,,e Fal GiFGtAlatieR and shall be wailed to ageReies With 1 iSdietie ,
18.02.060 Joint public hearings. Nett e ^f public; heaFiRg
A. Applicable Director's Decision to Hold Joint Hearing. The Applicable Director may combine any public
hearing on a project permit application with any hearing that may be held by another local, state, regional,
federal or other agency, on the proposed action, as long as the requirements of subsection C of this
section are met.
B. Aoolicant's Request for a Joint Hearing. The applicant may request that the public hearing on a permit
application be combined as long as the joint hearing can be held within the time periods set forth in this
title In the alternative the applicant may agree to a particular schedule if that additional time is needed in
order to complete the hearings.
C. Prerequisites to Joint Public Hearing. A ioint public hearing may be held with another local, state, regional,
federal, or other agency and the City, when
1. The other agency is not expressly prohibited by statute from doing so;
2. Sufficient notice of the hearing is given to meet each of the agencies' adopted notice
requirements as set forth in statutes, ordinances, or rules;
3. The agency has received the necessary information about the proposed project from the applicant
in enough time to hold its hearing at the same time as the city hearing; and
4. The hearing is held within the established City limits.
18.02.070 Legislative Decisions. ^ppka+h^^ Fey' ^�^^^
A. Decision. The following decisions are legislative and are not subject to the procedures in this chapter unless
otherwise specified:
1. Port Angeles Municipal Code text and development regulation amendments;
2. Land Use Map Zoning, or District Amendments;
3. Area -wide rezones to implement City policies contained within the Port Angeles Comprehensive
Plan and amendments thereto;
Page 7 of 35
4. Adoption of the Port Angeles Comprehensive Plan and any plan amendments;
5. Annexations;
6. Shoreline Master Program adoption and amendments;
7. Development agreements; and
8. All other master land use, subarea, functional and/or utility plans and amendments thereto.
B. Procedures. Except as otherwise provided in this chapter, the procedures for the legislative decisions
specified in this chapter are set forth in Chapter 18.04 PAMC.
A. Publie heaFiRg limitatieR. There shall be Re MOFe than ene E)peR FeGE)Fd heaFing and E)Re elesed Fee9Fd appeal
...dw ted by the City a , eley.,I...,..- eRt a ..katiOR
Page 8 of 35
18.02.080 Concurrent environmental review.
A. Development permit applications subject to the provisions of the State Environmental Policy Act (SEPA)
shall be reviewed in accordance with the policies and procedures contained in the City's Environmental
Policy Ordinance, Chapter 15.04 PAMC.
B. SEPA review shall be conducted concurrently with development permit application and review. The
following are exempt from concurrent review:
1. Projects categorically exempt from SEPA.
2. Components of previously completed developments or actions for which an environmental impact
statement has already been completed, to the extent that SEPA allows.
C. The following requirements shall apply to concurrent SEPA review:
1. Except for a threshold determination, the City may not issue a decision or a recommendation on a
development application until the expiration of the public comment period on the notice of
application.
2. If a public hearing is required and the City's threshold determination requires public notice under
RCW 43.21c, and WAC 197-11, the City shall issue its threshold determination at least 15 calendar
days prior to the public hearing or shall comply with procedures under WAC 197-11-355, Optional
Determination of Non -Significance (ODNS) process.
3. Comments shall be as specific as possible.
18.02.090 Exemptions from Protect Permit application processing. Rete.-,,.,iRatiA-R A-f +eRGY
A. The following permits or approvals are specifically excluded from the procedures set forth in this title:
1. Landmark designations;
2. Street Vacations;
3. Right -of -Way Use Permits;
4. Other approvals relating to the use of public areas or facilities;
5. Other project permits whether administrative or quasi-judicial, that the City of Port Angeles, by
resolution or ordinance has determined present special circumstances that warrant a review
process or time periods for approval which are different from RCW 36.7013.060 through
36.70B.080 and 36.70B.110 through 36.70B.130.
B. Pursuant to RCW 36.70B.140(2) the City has excluded the following project permits from the provisions of
RCW 36.70B.060 and 36.70B.110 through 36.70B.130: Lot line or boundary adjustments and building and
other construction permits or similar administrative approvals, categorically exempt from environmental
review under RCW 43.21C or for which environmental review has been completed in connection with
other project permits. The excluded provisions include:
1. Notice of application to public and agencies with jurisdiction following notice requirements in
PAMC 18.02.130 unless an open record hearing is allowed on the project permit decision;
2. Except as provided in RCW 36.70B.140 optional consolidated project permit review processing
identified in PAMC 18.02.040(B);
3. Joint public hearing;
Page 9 of 35
4. Single report stating all of the decisions and recommendations made as of the date of the
report that do not require an open record public hearing;
5. Notice of decision as required by RCW 36.7013.130 issued within the time period provided in
RCW 36.70B.080.
6. Completion of project review by the City, including environmental review and public review and
any appeals to the City, within any applicable time periods under RCW 36.7013.080.
C. Pursuant to RCW 36.70B.140(3) the City has excluded the following project permits for interior alterations
from the site plan review provided that the interior alterations do not result in the following:
1. Additional sleeping quarters or bedrooms;
2. Nonconformity with federal emergency management agency substantial improvement
thresholds; or
3. Increase the total square footage or valuation of the structure thereby requiring upgraded fire
access or fire suppression systems.
D. Pursuant to RCW 36.70B.140(4) Nothing in this section exempts interior alterations from otherwise
applicable building, plumbing, mechanical, or electrical codes.
E. Pursuant to RCW 36.7013.140(5) For the purpose of this section, "interior alterations" include construction
activities that do not modifv the existinE site lavout or its current use and involve no exterior work adding
to the building footprint
Page 10 of 35
Article II. Proiect Permit Applications.
18.02.100 Pre -application meeting. T;mio limit f^r fORA' deeisi^^
A. Purpose. Pre -application conferences provide a prospective applicant and the City the opportunity to
determine if and how the regulations may apply, an opportunity to acquaint the applicant with the
requirements of the PAMC and to discuss if applicable how the applicant may modify the scope and
design of the project to reduce or avoid restrictions which may be imposed by the City.
B. When required Pre -application conferences are required for the following projects:
1. All Type II Type III Type IV and Type V project applications;
2. Type I project applications proposing impervious surfaces of 10,000 square feet or more;
3. Industrial commercial remodels or uses increasing occupancy class of a commercial or industrial
building;
4. Mixed -use construction; and
5. Clearing and grading permits reaching a threshold of more than one acre including right-of-way
construction or proposed nonstandard utility infrastructure.
C. The Applicable Director may exercise discretion not to require a preapplication conference if the Applicable
Director determines that the conference information is self-evident already transmitted, or would not add
value to the subsequent application.
D. Scheduling and Conceptual Design Review. The preapplication meeting shall be held within 30 calendar
days of receiving the fee outlined in the City of Port Angeles Master Fee Schedule and the following:
1. Pre -Application Request Form
2. Conceptual site plan and lot configuration that includes:
Applicant's name, address, telephone number, and other contact information
ii. Date of Drawing.
iii. Legend:
a. Site address or tax assessor parcel number.
b. Total approximate area of the site and each parcel or lot.
c. North arrow.
d. Scale (not larger than 1" = 20' or smaller than 1" = 200').
iv. Proposed utilities for sewer, water, and electrical
v. Existing and proposed lot layout (if applicable);
vi. Proposed connection to the existing road system;
vii. New proposed roads and widths,
viii. General dimensions of lots;
ix. Existing and new easements;
Page 11 of 35
x. Existing and proposed structures;
xi. Critical area locations (if applicable);
xii. Elevation contours;
xiii. Proposed/existing parking;
xiv. Proposed landscaping (if applicable);
3. Conceptual drainage plan, showing collection, detention, and discharge of stormwater•
4. Preliminary building plans or sketches;
5. Conceptual floor plan;
6. Vicinity map, (if applicable);
7. Detailed project narrative;
8. List of questions and objectives;
9. Copies of any past permitting, communication, or other items related to the project.
E. Information Provided to Applicant. At the conference, the City shall provide the applicant with:
1. A list of the requirements to submit a complete application;
2. A list of all applicable permits;
3. A general summary of the procedures to be used to process the application;
4. Written answers to any questions asked by the applicant; and
5. The references to the relevant code provisions or development standards that may apply to the
approval of the application.
F. Assurances Unavailable. The pre -application meeting is not an exhaustive review of all potential issues The
discussions at the conference or the information provided by the City shall not bind or prohibit the City's
future application or enforcement of all applicable laws and regulations. No statements or assurances
made by City representatives will in any way relieve the applicant of his or her duty to submit an
application consistent with all relevant requirements of city, state and federal codes, laws, regulations and
land use plans
Page 12 of 35
18.02.110 Project permit application. MGR*t"'O^^ and eRfeFGe" em.
A. Information required for all applications Applications for project permits shall be submitted on forms
provided by the Department of Community and Economic Development the Department of Public Works
and Utilities and the Fire Department A project permit application is complete when it meets the
submission requirements of this section An application shall consist of all materials required by the
relevant section of this code or other applicable City ordinance or regulation and shall also include the
following general information:
L A completed project permit application including a SEPA checklist unless categorically exempt
from SEPA or otherwise completed,
2. A verified statement by the applicant that the property affected by the application is in exclusive
ownership of the applicant or that the applicant has submitted the application with the written
consent of all affected property owners and proof of ownership of the property;
3. Identification of a single contact person or entity to receive determinations and notices required
by this code;
4. A legal description of the site and address if assigned including the Clallam County parcel
number s
5. Payment of the applicable fees as set forth in the Port Angeles Master Fee Schedule;
6. Evidence of adequate water supply, if applicable;
7. Evidence of wastewater capacity, if applicable;
8. Evidence of electrical supply, if applicable;
9. Demonstration of how stormwater will be managed if applicable.
Page 13 of 35
10. A site plan with north being at the top of the plan, showing the location of all proposed lots and
points of access and identifying all easements, deeds, restrictions, or other encumbrances
restricting the use of the property, when applicable. All information must be accurate, legible, and
drawn to scale;
11. Identification of other local, state, and federal permits required for the proposal, to the extent
known by the applicant; and
12. All other application materials deemed necessary for the review of the project permit application.
B. Commercial, Industrial, and Multi -family uses — additional application requirements. In addition to the
general information required under subsection (A) of this section, all project permit applications involving
commercial, industrial, and multi -family uses supporting more than four units and 5,000 or more square
feet of impervious surface shall include a site plan prepared by a civil engineer, architect and/or landscape
architect licensed in the state of Washington that includes or graphically depicts the following information.
1. Compass direction and graphic scale;
2. Total gross square footage;
3. Proposed and existing structures including building envelopes and building setback lines;
4. Distances between all proposed and existing buildings;
5. All proposed or existing uses;
6. Proposed development or use areas;
7. The location of significant geographic features on the site and immediately adjoining properties;
8. Corner grades and existing contours of topography at five-foot contour intervals;
9. Property lines adjoining streets and immediately adjoining properties and their ownership;
10. Existing and proposed grades and volume and deposition of excavated material•
11. A preliminary drainage plan;
12. Locations of all existing and proposed utility connections and easements
13. Parking spaces and driveways;
14. Proposed landscaping; and
15. The location, extent, and associated buffers of wetlands floodplains shorelines and other
environmentally sensitive areas.
C. Additional Application Requirements. In addition to the information required under subsections (A) and (B)
of this section, the Applicable Director may require additional information or studies in order for the
application to be considered complete. Such information may include but is not necessarily limited to the
following:
1. A phasing plan, acreage of phases and time schedule if the site is intended to be developed in
phases;
2. Enumeration of the number of persons that will reside in a dwelling(s),
3. Documentation of the date and method of segregation for the subiect property verifying that the
lot or lots were not created in violation of the subdivision (i.e.,either short or long) laws in effect
at the time of creation or identifying whether the lots were created prior to the advent of Chapter
58.16 RCW in 1937 (now codified in RCW 58.17 ); and
4. A recorded survey of the subject property in order to verify property boundaries and setback
measurements.
Page 14 of 3S
D. Application Requirements in Other Applicable Regulations. Applications for all project permits must satisfy
PAMC 18.02.110 (A), (B) and, if required, (C), and the other applicable provisions of this PAMC and
applicable City ordinances and regulations. All application requirements identified in other code sections
that supplement or supersede the requirements of this chapter shall be met before an application is
deemed complete.
E. Waivers. The Applicable Director may waive any specific submittal requirements determined to be
unnecessary for review of any application. In such event, the Applicable Director shall document the waiver
in the project file or project log.
18.02.120 Determination of complete application. appeals.
A. Determination of Completeness. Within 28 calendar days after receiving a project permit application, the
Applicable Director shall electronically provide a written determination to the applicant that states either:
1. The application is complete; or
2. The application is incomplete, and the procedural submission requirements have not been met.
The determination shall outline what is necessary to make the application procedurally complete.
B. Calendar Days. The number of days shall be calculated by counting every calendar day.
C. Identification of other agencies with jurisdiction. To the extent known by the City, other agencies with
jurisdiction over the project permit application shall be identified in the City's Determination of
Completeness.
D. Procedurally Complete. A project permit application is complete for purposes of this section when it meets
the procedural submission requirement of all applicable sections of the PAMC, this chapter, and those
requirements as outlined on the project permit application. If procedural submission requirements, as
outlined in the PAMC, this chapter, and the project permit application, have been provided, the need for
additional information or studies may not preclude a completeness determination.
E. Additional Information. The determination of completeness shall not preclude the City from requesti
additional information or studies either at the time of the notice of completeness or subsequently if new
information is required or substantial changes in the proposed action occur.
F. Date of Acceptance of Project Permit Application. A project permit application is complete for the purposes
of this section when it meets all submission requirements in PAMC 18.02.110 and any additional
submission requirements contained in other applicable provisions of this code. The determination of
completeness shall be made when the applicant is procedurally complete, even though additional
information may be required or project modifications may be undertaken after the submittal. When the
project permit application is determined to be complete, the City shall accept it and note the date of
acceptance in the project file.
G. The determination of completeness. The determination of completeness may include or be combined with
the following:
1. A preliminary determination of those development regulations that will be used for project
mitigation.
2. A preliminary determination of consistency, as provided under RCW 36.70B.040.
3. Other information the City chooses to include; or
4. The notice of application pursuant to the requirements in PAMC 18.02.130 and RCW 36.70B.110.
H. Time Limits.
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1. An application for a project permit shall be deemed procedurally complete on the 29th day after
receiving a project permit application under this section if the City does not provide a written
determination to the applicant that the application is procedurally incomplete as provided in
subsection (A)(2) of this section. When the City does not provide a written determination, it may
still seek additional information or studies as provided for in subsection (F) of this section.
2. Within 14 calendar days after an applicant has submitted to the City additional information
identified as being necessary for a complete application, the City shall notify the applicant
whether the application is complete or what additional information is necessary.
3. The notice of application shall be provided within 14 calendar days after the determination of
completeness pursuant to RCW 36.70B.110.
Article III. Public Notice Requirements.
18.02.130 Notice of application requirements. judieial a^^
A. When required The City shall issue a notice of application on Type I projects requiring SEPA review and all
Type II and Type III project permit applications Type I project permits subject to the SEPA notice
requirements are set forth in Chapter 15.04 PAMC. If multiple project permits are proposed for a
development proposal the City can combine notices when appropriate for consolidated review.
B. Time of issuance. The notice of application shall be provided within 14 calendar days after the
determination of completeness. If an open record public hearing is required for the requested project
permits) the notice of application shall be issued at least 15 calendar days prior to the public hearing.
C. Notice of application contents. The notice of application shall include the following:
1. The name and address of the applicant or applicant's representative.
2. The date of application, the date of the notice of completion for the application, and the date of
the notice of the application.
3. The street address location of the project, or if unavailable, a description of the subject property
reasonablv sufficient to inform the public of its location, which may include a vicinitv map location
the location in reference to roadway intersections, or a written description.
4. A description of the proposed project action, use or development, and a list of project permits
included in the application and, if applicable, a list of any additional studies requested by the City.
5. The identification of state, federal, or other permits required by other agencies with jurisdiction
not included in the application, to the extent known by the Citv.
6. The identification of existing environmental documents that evaluate the proposed project, and
the location of where the application and any studies can be reviewed.
Page 16 of 35
7. The name and phone number of the responsible City project reviewer.
8. A statement of the public comment period which shall not be less than 14 calendar days, nor
more than 30 calendar days from the date of the notice of application, unless the application
involves a permit under the Port Angeles Shoreline Master Program, which requires a 30-day
public comment period.
9. Statement of the right of any person to comment on the application, receive notice of and
participate in any hearings, request a copy of the decision once made, and any appeal rights.
10. A statement of the preliminary determination, if one has been made at the time of the notice of
application, of the proposed projects development regulations that will be used for project
mitigation and of consistency as provided in RCW 36.70B.030(2) and 36.70B.040.
11. If SEPA is integrated into the public notice, pursuant to either WAC 197-11-340 Determination of
Non -Significance (DNS), WAC 197-11-350 Mitigated Determination of Non -Significance (MDNS), or
WAC 197-11-355 Optional DNS, the notice must include:
What process is being used, DNS, MDNS, or optional DNS.
That this may be the onlv 0000rtunitv to comment on the environmental imoacts of
the proposal.
iii. That the proposal may include mitigation measures under applicable development
regulations, and the project review process may incorporate or require mitigation
measures regardless of whether an Environmental Impact Statement (EIS) is
prepared.
iv. That a copy of the subsequent threshold determination or confirmation, if a DNS or
MDNS has been retained, may be obtained upon request to any person commenting
on the notice of application.
v. The notice of application shall list the conditions being considered to mitigate
environmental impacts if a MDNS is expected.
12. The date, time, place, and type of hearing, if applicable, and if scheduled prior to the date of the
notice of application.
13. A statement of when and where a copy of the application, all supporting documentation and
evidence relied upon by the applicant, and applicable development regulations may be available
for public inspection.
14. Any other information the Applicable Director deems appropriate.
D. SEPA Integration.
1. Except for a threshold determination and except as otherwise expressly allowed in this section,
the City may not issue a decision or a recommendation on a project permit until the expiration of
the public comment period on the notice of application.
2. If an open record pre -decision hearing is required, the lead SEPA agency shall issue its threshold
determination at least 15 calendar days prior to the open record pre -decision hearing.
E. Costs, mailing, publication, and posting requirements.
1. Costs. The applicant shall be responsible for all costs associated with notice.
2. Published notice.
i. The City must publish the notice once in the official paper of record for the City. The
published notice shall include the project's street address or location, project
Page 17 of 35
description, type(s) of permit(s) required, comment period dates, and location
where the complete application and notice of the application may be reviewed.
3. Posting. The City or the applicant shall post a notice of application on the property as follows:
i. A notice board shall be placed at a clear point of the site road frontage or as
otherwise determined by the Citv staff for maximum visibility. where it is comoletel
visible to vehicle and pedestrian traffic.
ii. Additional notice boards may be required where a site does not abut a public road,
for a large site that abuts more than one public road, or if the City staff determines
that additional notice boards are necessary to provide adequate public notice.
iii. Notice boards shall be provided by the City and installed in accordance with any
specifications required by the City.
iv. Notice boards shall be returned to the City within 15 calendar days after the end of
the notice period.
V. Notice boards shall be maintained in legible condition and in the required location
throughout the notice period.
vi. If the applicant posts the notice board they must submit an affidavit of posting to
the City.
4. Mailing.
The City shall send a notice of application to the applicant, the owners of the subject
property (if different from the applicant), and to all owners of property within 300
feet of any portion of the exterior boundaries of the subject property. The
Department of Community and Economic Development shall be responsible for
the preparation of the list of adjacent property owners. The addresses for mailed
notice shall be prepared from the Clallam County's Geographic Information System
(GIS) and Assessor real property tax records. The City shall make a notation in the file
affirming mailing of notice to all persons entitled to notice under this chapter.
ii. All public notices shall be deemed to have been provided or received on the date the
notice is deposited in the mail or personally delivered, whichever occurs first. Failure
to send the notice by mail shall not invalidate such proceedings where the owner
appears at the hearing or receives actual notice.
5. Public Comment.
The comment period shall not be less than 14 calendar days, nor mo
calendar days from the date of the notice of application per RCW 36.70B.110 (2)(e),
except as otherwise be provided for: a 15-day comment period for an open record
pre -decision hearing pursuant to RCW 36.70B.110(3), commenting on preliminary
plat applications (i.e., 20 calendar days pursuant to RCW 58.17.095(2), for
commenting on scoping and draft and final environmental impact statements
pursuant to W,AC 197-11-408 and 197-11-500, and for commenting on permits
under the City of Port Angeles Shoreline Master Program.
ii. Comments may be mailed, emailed, or personally delivered. Comments shall be as
specific as possible.
iii. The City will receive public comments during regular business hours any time up to
and during the open record hearing, if any, or if there is no pre -decision hearing,
prior to the decision on the project permit.
Page 18 of 35
iv. The City may not issue a decision or recommendation on the project permit(s) until
the expiration of the public comment period on the notice of application.
speeifically allthE)Flzed have beeR timely exhabisted, shall be made to the Clallam GeHRty SuipeFiOF
GE)WFt WithiR 21 days E)f the date A-f the dermsiOR OF aEtieR uiRless aRetheF time peFied is established by
state lam
18.02.140 Notice of public hearing.
A. Notice of public hearing shall be provided not less than 10 calendar days prior to the hearing. If the notice
of application does not specify a hearing date a separate notice of public hearing shall be required For
Type III projects, the notice of a threshold determination under SEPA may be combined with the notice of
public hearing. Notice under this section shall be accomplished as follows:
1. Published notice. The City shall publish a notice of public hearing in the paper of record for the
City at least one time. This shall include and (republish if necessary) the appropriate information
from PAMC 18.02.130 (C
2. Mailed notice. The City shall send notice of public hearing to all persons entitled to notice as
described in PAMC 18.02.130(E)(4) including any person who submits written or oral comments
on the notice of application.
3. Posted notice. Posted notice of the public hearing is required for all Type III project permit
applications, which shall be posted in the same manner as the notice of application as set forth in
PAMC 18.02.130(G)(3).
4. Public notice of Type V legislative actions must be published as required by state law.
S. The applicant shall be responsible for all costs of public notice.
B. Additional public notice requirements —type III preliminary plat actions. In addition to the notice for Type
III actions above, pursuant to RCW 58.17, additional notice for preliminary plats and proposed subdivisions
categorized as a Type III process shall be provided as follows:
1. Notice of the filing of a preliminary plat application of a proposed subdivision located adjacent to
or within one mile of the municipal boundaries of the county, city or town utilities shall be given to
the appropriate city or town officials, pursuant to RCW 58.17.080 and 58.17.090.
2. Notice of the filing of a preliminary plat application for a proposed subdivision located adjacent to
the right-of-way of a state highway or within two miles of the boundary of a state or municipal
airport shall be given to the Washington State Secretary of Transportation who must respond as
to the effect of the proposed subdivision on the state highway or airport within 15 calendar days
of such notice.
3. Special notice of the hearing shall be given to adjacent landowners by any other reasonable
method the City deems necessary. Adjacent landowners are the owners of real property, as shown
by the records of the county assessor, located within 300 feet of any portion of the boundary of
the proposed subdivision. If the owner of the real property which is proposed to be subdivided
owns another parcel or parcels of real property which lie adjacent to the real property proposed
to the subdivided, mailed notice shall be given to owners of real property located within 300 feet
of any portion of the boundaries of such adjacently located parcel(s).
Article IV Proiect Permit Review and Approval Process
Page 19 of 35
18.02.150. Additional measures for project review and code provisions.
A. The City is adopting further project review and code provisions to provide prompt coordinated review to
ensure accountability to applicants and the public Adopting the following provisions as established in RCVS/
36.70B.160 exempts the City from RCW 36 70B.080(1)(1)(i). The provisions include the following measures:
1. The City has adopted ordinance 3723 which imposes reasonable fees consistent with RCW
82.02.020, on applicants for permits or other governmental approvals to cover the cost to the City
of processing applications inspecting and reviewing plans or preparing detailed statements
required by Chapter 43.21C RCW.
2. The City has adopted ordinance 3710 which adopts development regulations which make housing
types an outright permitted use in all zones where the housing type is permitted.
3. The Citv is herebv providing a pathway for an applicant to request a meeting to attempt to resolve
outstanding issues during the review process The meeting must be scheduled within 14 calendar
days of a second request for corrections during permit review. If the meeting cannot resolve the
issues and the City proceeds with a third request for additional information or corrections, the City
must approve or deny the application upon receiving the additional information or corrections,
unless otherwise agreed upon mutually with the applicant.
B. The City is exempt from the annual performance report under RCW 36.70B.080(2) because Clallam County
and the cities within the county are exempt from RCW 36.70A.215.
18 02 160 Protect permit review and approval processes.
A. Type 0 Over -the -Counter Approvals The Applicable Director may approve approve with conditions, or
deny all Type 0 project permit applications which are categorically exempt from SEPA without notice. All
Type 0 applications unless otherwise noted do not require a notice of complete application, and do not
follow the standard permit review or routing processes Type 0 project permits that are not categorically
exempt from SEPA do not qualify as over-the-counter permits and must be reviewed as a Type II project
permit.
B. Type I Administrative Approvals The Applicable Director may approve approve with conditions or deny all
Type I project permit applications which are categorically exempt from SEPA without notice. Type I projects
that are not categorically exempt from SEPA shall be subject to the notice of application and comment
period provisions of PAMC 18 02 130 and the SEPA notice requirements of Chapter 15.04 PAMC. The
Applicable Director's decision under this section shall be final on the date issued unless appealed to the
Hearing Examiner in accordance with all requirements and procedures as provided under PAMC 2.18.
C. Tyne 11 Administrative Approvals The Applicable Director may approve approve with conditions, or deny all
Type II permit applications subject to the notice and appeal requirements of this chapter. The Applicable
Director shall issue written conditions and findings supporting all Type II decisions.
D. Type III Project Permit Decisions and appeals of Type I and Type II decisions.
1. The Hearing Examiner shall review and make findings conclusions, and decisions on all Type III
project permit applications and appeals of Type 0 Type I and Type II decisions The Hearing
Examiner may approve approve with conditions or deny Type III project permit applications.
Right of Way Construction permit appeals are established in Chapter 11.08 PAMC.
2. For Type III project permit decisions the Applicable Director shall prepare a staff report on the
proposed development or action summarizing and considering timely public comments,
summarizing and considering recommendations of City departments and affected agencies or
special districts and evaluating the development's consistency with this Port Angeles Municipal
Page 20 of 35
Code, adopted plans, and regulations. The staff report shall include proposed findings,
conclusions, and recommendations for the disposition of the development application.
3. Upon receiving a recommendation of the Applicable Director or notice of any other matter
requiring the Hearing Examiner's attention (i.e., appeals of administrative decisions), the Hearing
Examiner shall perform the following actions as appropriate:
Hold an open record hearing on a Type III permit application and make a decision
after reviewing the recommendation of the Applicable Director; or
Hold an open record appeal hearing and make a decision on the following matters:
a. Appeals of Type 0 administrative decisions.
b. Appeals of Type I administrative decisions.
c. Appeals of Type II administrative decisions.
d. Appeals of Director's Determinations made under PAMC 18.02.24
e. Other matters not prohibited by law.
iii. The Hearing Examiner shall make written findings and conclusions.
E. Type IV Project Permit Approvals - City Council Action. The City Council shall make a decision after
reviewing Type IV actions during a City Council meeting. In its decision, the City Council shall make its
decision by motion, ordinance, or resolution, as appropriate.
18.02.170 Time limit for final decision.
A. Over -the -Counter Approvals (Type 0). The City must issue a final decision for all Type 0 permit applications
that are categorically exempt from SEPA and do not require a public notice within 3 business days of
receipt of payment. *Type 0 project permits deemed to be too complex to issue over-the-counter shall be
processed as a Type I approval.
B. Administrative approvals without public notice (Type 1). The City must issue a final decision for all Type I
permit applications that are categorically exempt from SEPA and do not require a public notice within 65
calendar days of the determination of completeness under PAMC 18.02.120 and RCW 36.70B.070.
C. Administrative approvals with public notice (Type II). The City must issue a final decision for all Type II
permit applications that require a public notice within 100 calendar days of the determination of
completeness under PAMC 18.02.100 and RCW 36.70B 070.
D. Quasi-judicial approvals with public notice and public hearing (Type 111). The City must issue a final decision
for all Type III permit applications that require a public notice and public hearing within 170 calendar days
of the determination of completeness under PAMC 18.02.100 and RCW 36.70B.070.
E. Consolidated permit processes. The optional consolidated review of more than one permit will follow the
highest numbered procedure and the time period for the final decision shall be the longest of the permit
time periods identified in this section per PAMC 18.02.030 (B).
F. The number of calendar days an application for a project permit is in review with the City shall be
calculated from the day completeness is determined to the date a final decision is issued on the project
permit application The number of days shall be calculated by counting every calendar day and excluding
the following time periods:
1. Any period between the day that the City has notified the applicant in writing that additional
information is required to further process the application and the day when responsive
information is resubmitted by the applicant.
Page 21 of 35
2. Any period after an applicant informs the City, in writing that they would like to temporarily
suspend review of the project permit application until the time that the applicant notifies the City,
in writing that they would like to resume the application. Conditions for temporary suspension
are located in PAMC 18.02.210.
3. Any period after an administrative appeal is filed until the administrative appeal is resolved and
any additional time period provided by the administrative appeal has expired.
G. New time period. The time periods for the City to process a permit shall start over if an applicant proposes
a change in use that adds or removes commercial or residential elements from the original application that
would make the application fail to meet the determination of procedural completeness for the new use, as
required by the City.
H. Nonresponsiveness If, at any time an applicant informs the City, in writing, that the applicant would like to
temporarily suspend the review of the project for more than 60 calendar days or if an applicant is not
responsive for more than 60 consecutive calendar days after the City has notified the applicant, in writing,
that additional information is required to further process that application, an additional 30 calendar days
may be added to the time periods for City action to issue a final decision for each type of project permit
that is subject to this chapter. Any written notice from the City to the applicant that additional information
is required to further process the application must include a notice that nonresponsiveness for 60
consecutive calendar days may result in 30 calendar days being added to the time for review.
I. For the purposes of this subsection "non responsiveness" means that an applicant is not making
demonstratable progress on providing additional requested information to the City, or that there is no
ongoing communication from the applicant to the local government on the applicant's ability or willingness
to provide the additional information within 60 calendar days.
J. Time limit exceptions Annual amendments to the comprehensive plan are not subject to the requirements
of this section Additionally, the time limits shall not apply if a project permit application:
1. Requires an amendment to the Comprehensive Plan or a development regulation.
2. Requires approval of a new fully contained community as provided in RCW 36.70A.350, a master
planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as
provided in RCW 36.70A.200.
K. Nothing in this section prohibits the City from extending the deadline for issuing a decision for a specific
project application for any reasonable period of time mutually agreed upon by the applicant and the City.
18.02.180 Final Decision.
A. All project permit decisions and Director's Determinations made pursuant to this chapter under this code
shall be final unless appealed pursuant to PAMC 18.02.220 and 18.02.230 of this chapter.
B. Notice of final decision.
1. Except for those permits exempted under PAMC 18.02.090, upon issuance of the final decision,
the Applicable Director shall provide a notice of decision that includes a statement of all
determinations made under SEPA and the procedures for administrative appeal, if any, of the
permit decision. The notice of decision may be a copy of the report or decision on the project
permit application. It shall state that the affected property owners may request a change in
valuation for property tax purposes notwithstanding any program of revaluation fully set forth in
RCW 36.70B.130.
2. A copy of the notice of decision shall be mailed, emailed, or hand delivered to the applicant, any
person who, prior to the rendering of the decision, requested notice of the decision, and to all
persons who submitted substantive written comments on the application.
Page 22 of 35
C. Expiration of approved project permits. Protect permits shall expire on the date provided on the approved
project permit or otherwise determined by the PAMC unless:
1. The applicant has received approval for an extension consistent with the PAMC provisions;
2. The applicant has an active pending or issued building permit(s) and is active in pursuing any and
all additional information requests or inspections for the building permit(s) unless:
Any denial of building permit(s) associated with other project permit applications
immediately expire any associated project permit applications dependent on approval
of a building permit (s); or
Any failure to respond to additional information requests for any building permit(s) as
outlined in PAMC 18.02.190, shall immediately expire any associated project permit
applications dependent on approval of a building permit(s) once the associated
building permit is deemed withdrawn and void.
3. Nothing in subsection D of this section shall conflict with other local state or federal permit
expiration timelines. If conflicts exist, the most stringent provision shall apply.
18.02.190 Expiration of project permit applications.
A. A project permit application shall be null and void if the applicant fails to submit additional information
under PAMC 18.02.120 within 90 calendar days from the City's request or within a time period as specified
by the hearing examiner.
B. Applications pending as of January 1, 2025, shall have 90 calendar days to provide the requested additional
information prior to expiring under this section, unless the Applicable Director grants an extension under
section (E) of this section.
C. Project permit applications expired under this section shall forfeit all application fees.
D. The Department of Community and Economic Development the Department of Public Works and Utilities,
and the Fire Department shall not be responsible for notifying the applicant of the impending expiration.
E. Upon written request of the applicant prior to the expiration date, the Applicable Director may grant one
or more 90-day extension(s) of time for project permit applications that:
1. Have made substantial progress in obtaining approvals and have minor approvals remaining;
2. Have submitted written proof demonstrating a path for obtaining all remaining approvals within
the 90-day extension; or
3. Demonstrate other written justifiable cause to the Applicable Director.
F. The City may review a project permit application(s) and make necessary corrections to the application(s)
expiration date caused by inaccurate and/or missed data entries. Documentation of such corrections shall
be made part of the file's written record.
18.02.200 Vesting of Applications.
A. Purpose. The purpose of this section is to provide for vesting of project permit applications under this title,
consistent with state law. A complete application under PAMC 18.02.120, is vested pursuant to this section
to the regulations applicable to the application until the permit is issued or the application is abandoned,
expired, withdrawn, or denied.
B. Applicability:
Page 23 of 35
1. This section applies to complete applications for building permits (RCW 19.27.095(1)), complete
applications for the proposed division of land (RCW 58.17.033(1)), complete applications for
development agreements (RCW 36.70B.180) and any other complete applications for a project
permit type determined to be subject to the vested rights doctrine by the Washington legislature.
2. This section does not vest applications to development regulations required by federal or state
law that are subject to final approval by a federal or state agency, including but not limited to
applications for permits under the Shoreline Master Program Chapter 15.08 PAMC Flood Damage
Prevention Chapter 15.12 PAMC Environmentally Sensitive Areas Protection Chapter 15.20 PAMC,
and Wetlands Chapter15.24 PAMC.
3. This section does not apply to issued permits or approvals.
C. Vesting of Applications:
1. A complete application shall vest consistent with applicability of this section and state law.
2. A complete application subject to vesting pursuant to this section shall be subject to all
development regulations in effect on the vesting date.
3. A complete application is vested for the specific use density, and physical development that is
identified in the application submittal, consistent with state law.
4. The applicant is responsible for monitoring the time limitations and review deadlines for the
application. The City shall not be responsible for maintaining a valid application. If the application
expires a new application may be filed with the City but shall be subject to the development
regulations in effect on the date the new application is complete.
S. Substantial revisions to applications which increase the specific uses density, or physical
development are subject to vesting at the time of the major or substantial revisions.
D. Waiver of vesting An applicant may voluntarily waive vested rights at any time during the processing of a
project permit application by delivering a written and signed waiver to the City stating that the applicant
agrees to comply with all development regulations in effect on the date of delivery of the waiver and any
subsequent modifications to development regulations until project permit issuance or approval.
18.02.210 Suspension, revocation, or modification of permits.
A. The City may suspend revoke or modify a Type 0 Type I, II, III, or IV project permit or approval after a
notice of noncompliance to the affected parties when:
1. Decision approval or permit was obtained by fraud, misrepresentation, or clear inadvertent
error;
2. Use for which such decision approval, or permit was granted is not being exercised within three
years of approval unless the decision, approval, or permit provides for a greater period of time or
the Applicable Director has authorized an extension;
3. Use for which decision, approval, or permit was granted ceased to exist or has been suspended for
three years or more unless the Applicable Director has authorized an extension; or
4. Decision, approval, or permit is being, or recently has been exercised contrary to the terms or
conditions of such decision, approval, or permit or is in violation of any local, state, or federal law
or regulation.
Page 24 of 35
Article V. Appeals.
18.02.22042-9 Administrative appeals.
A. Appeals of Type 0, Type I and II decisions must be filed with the City within 14 calendar days after the
Applicable Director issues the decision, provided that if a longer appeal period is established by state law,
the longer appeal period shall control. Pursuant to RCW 36.70B.110(6)(d) the City does not provide an
appeal of threshold determinations.
(Ord. 3071 § 6 (part), 12/15/2000; Ord. 2911 § 1, 3/29/1996)
18.02.2304-39 Judicial appeals.
Appeals from final decisions under this chapter, for which decisions all administrative appeals specifically authorized
have been timely exhausted, shall be made to the Clallam County Superior Court within 21 calendar days of the date
of the decision or action unless another time period is established by state law.
(Ord. 2911 § 1, 3/29/1996)
Article VI. Port Angeles Municipal Code Interpretations through Director's Determinations
18.02.240 Municipal code interpretation requirements.
A. Purpose. An interpretation of the provisions of the Port Angeles Municipal Code through a Director's
Determination is intended to clarify conflicting or ambiguous wording interpret proper classification of
use, or interpret the scope or intent of the provisions of this code; provided however, that interpretations
of the provisions adopted under the State Building Code Council (SBCC) as adopted by the PAVC 14.33
14.21, or any successor ordinance, may not be requested under this article. Interpretations of the
provisions of this code may not be used to amend the code. Further, interpretations are not considered a
project permit action and are not subject to requirements in Articles I through V of this chapter unless
explicitly provided.
B. Authority. The Applicable Director is hereby authorized to implement, interpret, enforce, and make
Director's determinations for any chapter of the PAMC that they oversee and any other applicable PAMC
chapters.
C. Request. Any person may request a written interpretation of the provisions of this code. Additionally, the
Applicable Director listed under subsection (B) of this section may issue an interpretation on their own
initiative.
D. Submittal Requirements. Any person requesting an interpretation of this code shall submit a written
request specifying each provision of the code for which an interpretation is requested, why an
interpretation of each provision is necessary, and any reasons or materials in support of a proposed
interpretation.
E. Factors for Consideration. In making an interpretation of the provisions of the PAMC, the responsible
Applicable Director should consider the following, as applicable:
1. The applicable provisions of this code, including its purpose and context;
2. The implications of the interpretation for development within the City as a whole, including the
precedent the interpretation will set for other applicants; and
3. Consistency with the Port Angeles Comprehensive Plan and other relevant ordinances and
policies.
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F. Conflicts with other regulations. Where conflicts occur between provisions of this code, the State Building
Code and any other local state or federal regulations, or their successors, the more restrictive shall apply.
If any conflict between land use or zoning maps and text of this code ensues, the text of this code shall
prevail.
Article VII. Conditional Uses.
18.02.250 Conditional use permit review and approval processes.
A. Purpose The purpose of the conditional use permit process is to provide flexibility in the application of the
use regulations contained in this code to accommodate uses that may be appropriate in an established
zoning district under certain circumstances but inappropriate in the same zoning district under others. At
the time of application a review of the location design configuration and potential impacts of the
proposed use shall be conducted by comparing the use to the goals and policies established in the Port
Angeles Comprehensive Plan and to other adopted development standards. The review shall determine
whether the proposed use should be permitted by weighing the public need or the benefit to be derived
from the use against the impact that it may cause.
B. Scope This section shall apply to each project permit application for a conditional use permit. This includes
administrative conditional use permits and conditional use permits.
C. Aoolication submittal and contents. The application for a conditional use permit shall be submitted to the
Department of Community and Economic Development on the application form provided by the
department along with the appropriate fees established under the Port Angeles Master Fee Schedule. The
application shall include all materials required for a complete application pursuant to PAMC 18.02.110. The
Applicable Director may waive specific submittal requirements determined to be unnecessary for
the review of an application.
D. Conditional use project permit types and review processes.
1. Applications for uses listed as an administrative conditional use permit in PAMC Title 17 shall be
processed according to the procedures for Type II proiect permit decisions established in Article IV
of this chapter.
2. Applications listed as discretionary conditional in PAMC Title 17 shall at a minimum be processed
according to the procedures for Type II land use decisions established in Article IV of this chapter.
However, in accordance with this subsection the Applicable Director may on a case -by -case basis
refer a discretionary conditional use permit application to the hearing examiner to be processed
according to the procedures for Type III land use decisions established in Article IV of this chapter.
i. Required findings. Prior to referring an application for a use listed at conditional
discretionary to the hearing examiner, the Applicable Director shall make one or
both of the following findings:
a. The application involves potentially significant issues relating to location,
design, configuration, and potential impacts to surrounding properties and
the community that can be more appropriately considered and addressed
through an open record public hearing before the Port Angeles hearing
examiner; or
b. The application seeks approval of a use involving complex legal issues
necessitating special expertise in the decision -maker.
ii. Timing. The Applicable Director may determine whether or not to refer an
application to the hearing examiner for a public hearing, concurrent with the
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determination of completeness required under PAMC 18.02.120 or after the public
comment period has expired.
iii. Discretion of the Applicable Director. The Applicable Director's decision to refer an
application to the hearing examiner under this subsection to be processed as a Type
III application shall be for the purpose of affording maximum fairness in decision -
making and procedural due process protection and shall not affect the substantive
applicability of local, state, or federal policies or laws applicable to any permit
application. The decision to refer any application to the hearing examiner to be
processed as a Type III application rests exclusively within the discretion of the
Applicable Director.
iv. No notice or hearing is required. Because the Applicable Director's decision to refer
(or not refer) an application for a listed conditional discretionary project permit
application to the hearing examiner for a public hearing rests solely in the Applicable
Director's discretion, the City is not required to provide prior notice of the Applicable
Director's decision. The Applicable Director shall not be required to hold a public
hearing on such a decision. The decision of the Direction made pursuant to this
subsection (2) shall not constitute an appealable administrative decision.
3. Applications for uses listed as a conditional use permit in PAMC Title 17 shall be processed
according to the procedures for a Type III project permit decision established in Article IV of this
chapter.
4. Applications for uses listed as an unclassified use permit or are not defined in PAMC Title 17 shall
be processed as a conditional use permit according to the procedures for a Type III project permit
decision established in Article IV of this chapter.
E. Approval criteria for all conditional uses.
1. The City may approve or approve with modifications or conditions an application for a any Type of
conditional use permit if all of the following criteria are satisfied:
The conditional use is harmonious and appropriate in design, character, and
appearance with the existing or intended character and quality of development in
the vicinity of the subject property and with the physical characteristics of the
subject property.
ii. The conditional use will be served by adequate infrastructure including roads, fire
protection, water service, sewer or other wastewater disposal, and stormwater
rnntrnl
iii. The conditional use will not be materially detrimental to uses or property in the
vicinity of the subject parcel.
iv. The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors,
or other conditions that unreasonably impact existing uses in the vicinity of the
subject parcel.
v. The location, size, and height of buildings, structures, walls and fences, and
screening vegetation for the conditional use will not unreasonably interfere with
allowable development or use of neighboring properties.
vi. The pedestrian and vehicular traffic associated with the conditional use will not be
hazardous to existing and anticipated traffic in the vicinity of the subject parcel.
vii. The conditional use complies with all other applicable criteria and standards of this
title and any other applicable provisions of the Port Angeles Municipal Code or state
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law and more specifically, conforms to the standards contained in the appropriate
zoning district in PAMC Title 17.
viii. The conditional use will not cause significant adverse impacts on the human or
natural environments that cannot be mitigated through conditions of approval.
ix. The conditional use is consistent with all relevant goals and policies of the Port
Angeles Comprehensive Plan.
X. The public interest suffers no substantial detrimental effect. Consideration shall be
given to the cumulative effect of similar actions in the area.
2. The application shall be denied if all of the above findings cannot be made.
3. The Applicable Director may consider applications for modifications of lawfully established
conditional uses and developments approved under this code or in existence prior to the effective
date of January 1 2025 of this code when the application proposes to bring the existing use
substantially closer to compliance with the standards of this code. The Applicable Director may
approve conditionally approve or deny the modification application. A site plan conforming to
the provisions of this chapter and Article IV Project Permit Applications (Type 0-IV) of this chapter
shall accompany the application showing the location size and type of modification proposed by
the applicant.
4. Modifications may be approved by the Applicable Director under Type I review procedures
provided that the cumulative modifications of the approved use will not exceed the following
limitations:
The modification will not increase the required amount of parking by more than 20%
or 20 spaces, whichever is less.
ii. The modification will not expand the total square footage of all structures, excluding
parking by more than 20% or result in the total size of the structure exceeding the
maximum building height or building lot coverage as designed in the project's
location zoning district.
iii. The modification will not significantly reduce the amount or location of required site
screening.
iv. The modification will not render a conforming use or structure nonconforming.
V. The modification will not establish a new use.
vi. The modification as determined by the Applicable Director, will not create or
materially increase any adverse impacts or undesirable effects of the project or
cause the use or structure to become inconsistent with the Port Angeles
Comprehensive Plan or the purpose of the land use designation or zoning district.
F. All proposed uses structures and site improvements (and modifications thereof) shall comply with the
development standards of this code.
G. Additional conditions. The City may impose additional conditions on a particular use if it is deemed
necessary for the protection of the surrounding properties, the neighborhood, or the general welfare of
the public. The conditions may:
1. Increase requirements in standards, criteria, or policies established by this code.
2. Stipulate an exact location for the conditional use on the subject property as a means of
minimizing hazards to life, limb, property damage, erosion, landslides, or traffic.
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3. Require structural features or equipment as a means of minimizing hazards to life, limb, property
damage, erosion, landslides, or traffic.
4. Contain restrictions or provisions deemed necessary to establish parity with uses permitted in the
same zone with respect to avoiding nuisance generating features in matters of noise, odors, air
pollution, wastes, vibration, traffic, and physical hazards.
H. Use of property before final decision. No building permit shall be issued for any use involved in an
application for approval for a conditional use permit until the conditional use permit is approved and
becomes effective.
I. Effective period — expiration.
1. A conditional use permit automatically expires and becomes void if the applicant fails to file for a
building permit or other necessary development permit within three years of the effective date
(the date of the decision granting the permit) of the permit unless the permit approval provides
for a greater period of time.
2. The Applicable Director may grant one or more 90-day extension(s) of time for an approved
conditional use permit approval that:
Have made substantial progress in obtaining required approvals and have minor
approvals remaining;
ii. Have submitted written proof demonstrating a path for obtaining all remaining
approvals within the 90-day extension; or
iii. Demonstrate other written justifiable cause to the Applicable Director for
conditional use permit approval extension.
J. Conditional use permit to run with the land. A conditional use permit granted under the PAMC shall remain
valid upon a change of ownership of the site, business, service, or structure that was the subject of the
permit application. No other use is allowed without approval of an additional conditional use permit.
K. Permit suspension or revocation. The City may suspend or revoke an approved conditional use permit upon
finding that:
1. The use for which the approval was granted has been abandoned for a period of at least three
yea rs;
2. Approval of the permit was obtained by misrepresentation of material fact; or
3. The permit is being exercised contrary to the terms of approval.
L. Assurance. In appropriate circumstances, the Applicable Director may require reasonable performance or
maintenance assurance device, in a form acceptable to the City, to assure compliance with the provisions
of this code and the conditional use permit as aooroved.
Article VIII Minor Deviations
18.02.260 "�065 — Minor deviations- review and approval processes.
A. A minor deviation from front, side, and rear yard setbacks, lot coverage, site coverage and height
requirements established in this title may be granted by the Applicable Director or the Hearing Examiner in
accordance with the provisions of this section.
B. Type I minor deviation. A minor deviation not greater than 20 percent may be granted by the Applicable
Director if all of the following findings are made:
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1. The minor deviation is consistent with the purpose of the zone in which the property is located
and the project is otherwise consistent with the requirements of said zone.
2. Because of special circumstance the strict application of the zoning ordinance results in an undue
hardship upon the applicant.
3. The minor deviation will not be materially detrimental to the public welfare or injurious to
property or improvements in the vicinity and zone in which the subject property is located.
C. Type III minor deviation A minor deviation of between 21 percent and 30 percent may be granted by the
Hearing Examiner in if all of the following findings are made:
1. The minor deviation is consistent with the purpose of the zone in which the property is located,
and the project is otherwise consistent with the requirements of said zone.
2. Because of special circumstance the strict application of the zoning ordinance results in an undue
hardship upon the applicant.
3. The minor deviation will not be materially detrimental to the public welfare or injurious to
property or improvements in the vicinity and zone in which the subject property is located.
4. The following standards have been adequately addressed:
i. The provision of adequate utilities has been demonstrated.
ii. Alternatives to the minor deviation have been considered.
iii. Shadow and viewshed impact studies has been performed demonstrating no
significant impacts to surrounding properties.
iv. The application demonstrates that an attempt has been made to reduce potential
impacts from the deviation to surrounding property owners.
V. If the proposal is for an increase in maximum building height the proposal does not
qualify for the building height bonus standards of PAMC 17.20.070.
D. Any applications that are not granted a minor deviation by the Applicable Director or Hearing Examiner
pursuant to this section may obtain a variance through the City's normal variance procedure as set forth in
PAMC 18.02.280.
Article IX Temporary Use Permits
18.02.270 "-�06 07% Temporary use permits review and approval processes.
A. Tvoe I temporary use permits. Applicable Director may authorize temporary use permits for the
construction and occupancy of temporary buildings, including mobile homes, used in conjunction with
construction or reconstruction projects, or other circumstance requiring a temporary installation and
occupancy, for a period not to exceed one year. Such temporary use permits may be located in any zone;
provided required setbacks of the zone where the temporary use permit is to occur are provided to
protect the public health, safety, and welfare.
B. Tvpe III temporary use permits. Temporary use permits reauested for longer than one vear shall conform in
every respect to all provisions of these regulations but must be considered at a public hearing before the
Hearing Examiner. The decision of the hearing examiner shall specify the term for the temporary use
permit. Such temporary use permits may be located in any zone; provided, required setbacks of the zone
where the temporary use permit is to occur are provided to protect the public health, safety, and welfare.
C. Extensions.
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1. Type I temporary use permits. Upon written request prior to the expiration of the permit, the
Applicable Director may issue an extension of the permit for a period not to exceed six months.
Only one six-month extension may be granted for each temporary use permit.
2. Type III temporary use permits. Upon written request prior to expiration of the permit the
Applicable Director may issue up to one extension of the permit for a period of one to five years
provided that the following minimum criteria are met:
-1 The use complies with the permit conditions.
There have been no significant adverse changes in circumstances.
Article X Variances (Minor and Malor)
18.02.280 Variance review and approval processes.
A. Purpose. The purpose of a variance is to ensure that all persons and their property are guaranteed equal
rights and opportunities under similar circumstances. A variance is never to be used to endow certain
persons or property with special privileges that are denied to all others under similar circumstances.
Variances may only be granted for the dimensional, area and bulk requirements (e.g. height setbacks
yard size, lot coverage, frontage, floor area, and the like) specified by this code
B. Scope. This article shall apply to all applications for variances from the provisions of this code except for
reasonable economic use variances, shoreline variances flood damage prevention and environmentally
sensitive area buffer width reductions, which shall be governed by the provisions of the applicable sections
of Chapters 15.08, 15.12, 15.20, 15.24 PAMC.
C. Application submittal and contents. The application for a variance shall be submitted to the applicable City
department on the application form provided by City, along with the appropriate fees established under
the Port Angeles Master Fee Schedule. The application shall include all materials required for a complete
application pursuant to PAMC 18.02.110. The Applicable Director may waive specific submittal
requirements determined to be unnecessary for the review of an application.
D. Variance project permit types and review processes.
1. Minor and Major Variances Distinguished.
Minor variances include variances from a requirement within 25% of the original
requirement. Minor variances also include variances to allow expansion of a
nonconforming existing building. Minor variances are processed as a Type II project
permit application as established in Article IV of this chapter.
ii. Major variances include all other variances greater than 25% of the original
requirement. Major variances are processed as a Type III project permit application
as established in Article IV of this chanter.
iii. Parking variances are exempt from these requirements and are processed under
PAMC 14.40.130.
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E. Approval criteria for all variances.
1. The Citv may approve or approve with modifications or conditions an application for any type of
variance if all of the following criteria are satisfied:
i. The variance will not constitute a grant of special privilege inconsistent with the
limitation upon uses of other properties in the vicinity and land use district in which
the subject property is located.
ii. The variance is necessary because of special circumstances relating to the size,
shape topography, location or surroundings of the subject property to provide it
with use rights and privileges permitted to other properties in the vicinity and in the
zone in which the subject property is located.
iii. The granting of the variance will not be materially detrimental to the public welfare
or injurious to the property or improvements in the vicinity and zone in which the
subject property is located.
iv. The variance does not arise from the applicant's or the predecessor in interest's
actions.
2. The application shall be denied if all of the above findings cannot be made.
3. Additional conditions In the granting of any variance the decision -maker may prescribe
appropriate conditions and safeguards to assure that the purpose and intent of this code will not
be violated.
4. Limitation on authority. The Director or hearing examiner (as applicable) may not grant a variance
under this article for the following:
The provisions of this code establishing allowed conditional, discretionary, and
prohibited uses within the various zones.
ii. The procedural or administrative provisions of this code; or
iii. Any provision of this code which by its terms is not subject to a variance.
F. Effective period A variance approval automatically expires and becomes void if the applicant fails to file for
a building permit or other necessary development permit within three years of the date of the decision
granting the variance unless the variance approval provides for a greater period of time Extensions to the
duration of the original variance approval are prohibited The City is not responsible for notifying the
applicant of impending expiration.
G. Revocation. The City may suspend or revoke an approved variance upon finding that:
1. The use for which the approval was granted has been abandoned for a period of at least three
yea rs;
2. Approval of the permit was obtained by misrepresentation of material fact; or
3. The permit is being exercised contrary to the terms of approval.
4. If revocation is required the Applicable Director shall refer the case to Code Enforcement
pursuant to PAMC 2.90.
H. Assurance. In appropriate circumstances the Applicable Director may require reasonable performance or
maintenance assurance device in a form acceptable to the City, to assure compliance with the provisions
of this code and the variance as approved.
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Article XI Development Agreements.
18.02.290 Development agreement review, standards, and approval processes.
A. Purpose. This article establishes the mechanism under which the City may enter into development
agreements as authorized by RCW 36.70B.170. A decision to enter into a development agreement shall be
made on a case-bv-case basis.
B. General Requirements.
1. The City may enter into a development agreement with a person having ownership or control of
real property within its jurisdiction. The City may enter into a development agreement for real
property outside its boundaries as part of a proposed annexation or a service agreement. A
development agreement must set forth the development standards and other provisions that
shall apply to and govern and vest the development, use and mitigation of the development of
the real property for the duration specified in the agreement. A development agreement shall be
consistent with applicable development regulations adopted by the City.
2. Who May Enter. The property owner(s) and the City shall be parties to a development agreement
provided that if a proposed development is within an adopted municipal UGA the applicable town
or county shall also be a party to the agreement. The following may be considered for inclusion as
additional parties in a development agreement: contract purchasers lenders third -party
beneficiaries, and utility service providers.
3. Content of Development Agreements. A development agreement shall be prepared by the
applicant and shall set forth the development standards and other conditions that shall apply to
and govern the development, use, and mitigation of the property subject to the agreement.
4. When development agreements may be approved. A development agreement may be entered
into prior to, concurrent with, or following approval of project permits for development of the
property and prior to acceptance by the City for maintenance and operation.
5. Consistency with Port Angeles Municipal Code. The development standards and conditions set
forth in a development agreement shall be consistent with the applicable development
regulations set forth in the Port Angeles Municipal Code.
C. Development standards to be addressed.
1. A development agreement shall include, but need not to be limited to, one or more of any of the
following types of development controls and conditions:
Project elements such as permitted uses, residential and nonresidential densitie
scale, and intensity of uses, and/or building sizes.
ii. Mitigation measures, development conditions, and other requirements pursuant to
environmental review under RCW 43.21;
iii. Design standards such as maximum heights, setbacks, drainage and water quality
requirements, screening and landscaping, and other development features;
iv. Roads, water, sewer, storm drainage, street lighting, signage, and other
infrastructure requirements;
V. Affordable housing;
vi. Recreational uses and open space preservation;
vii. Phasing;
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viii. Development review procedures, processes, and standards for implementing
decisions including methods of reimbursement to the City for review processes;
ix. Bonding requirements; and
X. Other appropriate development requirements or procedures.
2. A development agreement may obligate a party to fund or provide services, infrastructure, or
other facilities Project applicants and governmental entities may include provisions and
agreements whereby applicants are reimbursed over time for financing public facilities.
3. Development agreements shall:
i. Establish a process for amending the agreement;
ii. Specify a termination date upon which the agreement expires;
iii. Establish a vesting period for applicable standards; and
iv. Reserve authority to impose new or different regulations to the extent required by a
serious threat to public health and safety.
D. Procedures.
1. A development agreement shall be initiated by a written request from the property owner to the
Applicable Director. The request should describe the project and the specific reasons why the
project is suitable for a development agreement. The request should identify the development
standards set forth in the PAMC that the applicant is requesting to be included in the
development agreement and any other reasonable information requested by the City.
2. When a development agreement is being considered prior to project permit approvals, the
property owner shall provide the City with the same information that would be required for a
complete application for such project permits in order for the City to determine the development
standards and conditions to be included in the development agreement.
3. When a development agreement is being considered following approval of project permits, the
development standards and other conditions set forth in such project permits shall be used in the
development agreement without modification.
4. The City shall only approve a development agreement by ordinance or resolution after a public
hearing The City Council may, in its sole discretion approve the development agreement. If the
development agreement relates to a project permit application, the provisions of RCW 36.70C
shall apply to the appeal of the decision on the development agreement.
5. An approved and fully executed development agreement shall be recorded with the Clallam
County Auditor and attached to all affected parcels.
E. Effect.
1. A development agreement is binding on the parties and their successors.
2. A development agreement shall be enforceable during its term by a party to the agreement.
3. A development agreement shall govern during the term of the agreement all or that part of the
development specified in the agreement and may not, unless otherwise agreed to in the
development agreement be subject to an amendment to a local government land use ordinance
or development standard or regulation or a new local government land use ordinance or
development standard or regulation adopted after the effective date of the agreement.
4. Permits issued by the City after the execution of the development agreement shall be consistent
with the agreement.
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Article XII Repeal
18.02.300 Repeal Provisions.
All provisions in Titles 2, 10, 11, 13, 14, 15,15 17 and 18 of the Port Angeles Municipal Code that conflict with the
procedures for project permits issued by the City of Port Angeles as specified in Chapter 18.02 PAMC as amended
above are repealed, and superseded by the provision of this chapter.
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Summary of Ordinances Adopted by the Port Angeles City Council on December 17, 2024
ORDINANCE NO. 3742
AN ORDINANCE of the City of Port Angeles, Washington amending portions of Chapters 2.18, 16.04, 16.08, 16.09,
16.10, 16.12, 16.14, 17.13, 17.19, 17.31, 17.37, 17.44, 17.45, 17.96, and 18.02 of the Port Angeles Municipal Code.
This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This
ordinance shall take effect on January 1, 2025, as required by SB 5290 and the Local Project Review Chapter 36.70B
RCW.
ORDINANCE NO. 3743
AN ORDINANCE of the City of Port Angeles, Washington repealing and replacing Sections of the Port Angeles
Municipal Code relating to the Advisory Boards, Committees and Commissions.
This Ordinance exercises authority granted exclusively to the City Council and is not subject to referendum. This
ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of
the title.
The full texts of Ordinances are available at City Hall in the Clerk's office, on the City's website at www.cityofpa.us
or will be mailed upon request.
Kari Martinez -Bailey
City Clerk
Published by summary: Saturday, December 21, 2024