HomeMy WebLinkAbout3745ORDINANCE NO.
,3-7q5
AN ORDINANCE of the City of Port Angeles, Washington, amending portions of Port
Angeles Municipal Code relating to mobile and itinerant vendors.
WHEREAS, the proposed amendments contain no substantive standards respecting the use or
modification of the environment and are therefore exempt from requiring a SEPA threshold
determination; and
WHEREAS, the Municipal code amendment for chapters PAMC 14.40 and PAMC 17.26 was
publicly noticed on November 27, 2024; and
WHEREAS, the City held a public hearing at the regular Planning Commission meeting on
December 11, 2024; and
WHEREAS, the amendments to 17.26 Retail Stands will change to identify Mobile and Itinerant
Vendors, to be effective March 1, 2025; and
Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS
FOLLOWS:
Section 1. —Amendments to Chapter 14.40 PAMC. Chapter 14.40 PAMC is hereby amended
as described in Attachment A, which is incorporated by reference herein.
Section 2. —Amendments to Title 17 PAMC. PAMC 17.26 are hereby amended as described in
Attachment B, which is incorporated by reference herein.
Section 3. - 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 4. - SeverabiliM 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 5. - Effective Date. This Ordinance, being an exercise of a power delegated to the City
legislative body, is not subject to referendum. This ordinance shall take effect on March 1, 2025.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the /J#7 day offe— / ' , 2025.
Kate Dexter, Mayor
APPROVED AS TO FORM:
William E. Bloor, City Attorney
ATTEST:
Kari Martinez -Bailey,
Summary of Ordinances Adopted by the Port Angeles City Council on February 4, 2025
ORDINANCE NO. 3745
AN ORDINANCE of the City of Port Angeles, Washington, amending portions of Port Angeles
Municipal Code relating to mobile and itinerant vendors.
This Ordinance, being an exercise of a power delegated to the City legislative body, is not
subject to referendum. This ordinance shall take effect on March 1, 2025.
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: Friday, February 7, 2025
Attachment A:
Only those portions of Chapter 14.40 PAMC detailed in this attachment are
being modified.
All other portions of Chapter 14.40 PAMC remain unchanged.
CHAPTER 14.40 - OFF-STREET PARKING
s
14.40.150 - Use of Parking Spaces.
Subsequent to the issuance of a building project permit, the number and location of parking
spaces used to satisfy the requirements of this chapter shal} will not be changed, nor sha4 will the
use of the building or structure for which the permit is issued be changed, without compliance
with the requirements of this chapter. Parking spaces used by a land use to satisfy the
requirements of the chapter shall will only be used for the parking of vehicles of customers and
other users of the building and the land use authorized by the building permit, except for parking
provided under sections 14.40.040 and 14.40.070.
14.40.160 - Parking Lot Activity Standards.
All parking lot activities shall will comply with the following standards:
D. Sueh .,,...ides shall not oeetif in par -king lots , .,*.,ining fewer than 20 spae
. . ate businesses and 60 eenseetitive days for- private non pfefit and ehar-itable or-ganizati
R Eaeh par -king lot aefivity shall on!), be for- a period not to exreeed 30 eanseeutive days
Attachment B:
CHAPTER 17.26 - RETAIL I STANDS MIV — Mobile and Itinerant Vendors
17.26.010 — Purpose. Is repealed in its entirety.
17.26.020 - Reserved. Is repealed in its entirety.
17.26.030 - Retail stand permit required. Is repealed in its entirety.
17.26.040 — Development standards. Is repealed in its entirety.
17.26.050 - General location standards. Is repealed in its entirety.
17.26.060 — Specific location standards. Is repealed in its entirety.
17.26.065 - Right-of-way use fee. Is repealed in its entirety.
17.26.070 —Application and notice procedure. Is repealed in its entirety.
17.26.080 - Routing and staff recommendations. Is repealed in its entirety.
17.26.090 — Director of Community and Economic Development's decision. Is repealed in its
entirety.
17.26.100 - Limitations. Is repealed in its entirety.
17.26.110 — Revocation. Is repealed in its entirety.
17.26.130 —Appeals. Is repealed in its entirety.
17.26.135 — Renewals. Is repealed in its entirety.
17.26.140 — Effective date and holdover provisions. Is repealed in its entirety.
17.26.010 Purpose.
The purpose of the mobile and itinerant vendor code is to provide clear guidelines for vendors to
operate within the City of Port Angeles. This code ensures vendors know where and how they can
set up and maintains high standards for health and safety_
17.26.020 Definitions.
A. Lemonade Stand. ODeratine thirtv or fewer days Der calendar year, used by a person under
the age of eighteen for the sale of nonalcoholic beverages, such as lemonade, using non-
time/temperature control for safety food with no direct hand contact and served directly
into single service. See WAC 246-215- 01115 for the full definition. Lemonade Stands are
exempt from all Mobile and Itinerant permitting requirements.
B. Itinerant Vendor. An itinerant vendor is a business that travels from place to place to sell
products or services, often setting up temporary stands or booths in an outdoor setting_
a. Major Itinerant Vendor. A vendor selling goods and services five days or more in
a calendar year.
b. Minor Itinerant Vendor. A vendor selling goods or services four days or less in a
calendar year; or providing a free service.
C. Site Plan Review.
a. Major Site Plan Review. Sites within residential zones or more than one vendor
within non -residentially zoned property.
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b. Minor Site Plan Review. Sites are limited to one vendor on a non-residentiall
zoned property.
D. Mobile Vendor. A mobile vendor is a business that operates from a vehicle, trailer,
bicvcle. or cart and moves to different locations to sell goods or services in an outdoor
setting.
a. Major Mobile Vendor. A vendor selling ,goods and services five days or more in a
calendar year.
b. Minor Mobile Vendor. A vendor selling goods or services four days or less in a
calendar year; or providing a free service.
E. Permanent Set-up. A permanent setup is a fixed, stable structure or designated area from
which a vendor operates consistently over a long term. Characteristics include but not
limited to;
a. A vending unit that is not moved or dismantled daily,
b. Includes utilities such as electricity, water, or even limited plumbing_
F. Semi -Permanent Set-up. A semi -permanent is designed to be relatively easy to dismantle
and move. Characteristics include but not limited to;
a. Vending unit that moves or is dismantled at the end of the approved business hours
and/or event.
b. The structure is typically portable and does not involve complex installations like
heavy-duty plumbing or electricity,
G. R.O. W. right-of-way. See PAMC 17.08.090.
H. Vendor Hosting. A property owner hosting re ug lator_y vendor permit holders in permanent
or semi -permanent format.
I. Vending Unit. A unit consisting of one mobile or itinerant vendor.
17.26.030 Applicability.
For mobile and itinerant vendors, there are two different project permit requirements:
Table 17.26.030
Zoning:
Non -Residential
Zones
Residential Zones
Location
type,
ROW
Side
Vendor
Multiple
R.O.W.
Single
Vendor
Multiple
Vendors
Vendors
Typology
per
PAMC
18.02
!�eeII
Type I
Type Il
Type I
Type II
Type lI
Permit
Type
Required:
Re ug latory
Minor
Mobile or
Major
Mobile or
Re u�ry
Maior
Mobile or
Major
Mobile or
Mobile or
Itinerant
Itinerant
Mobile or
Itinerant
Itinerant
Itinerant
Vendor
Permit
Vendor
Hosting
Site plan
Vendor
Hosting
Site Plan
Itinerant
Vendor
Hosting
Site Plan
Vendor
Hosting
Site Plan
Vendor
Permit
review
review
review
review
*Proposal may be subjected to additional project permits.
*All vendors require a re u�ry mobile or itinerant vendor permit prior to operating in Port
Angeles city limits.
*All property owners hosting vendors on their parcels require some level of re ug latory mobile
or itinerant site plan review and hosting permit.
*Parking lot hosting events not exceeding 7 consecutive days for private businesses and 14
consecutive days for private non-profit and charitable organizations within a one -calendar -year
period are exempt from site plan reviews and must adhere to Chapter 14.40 PANIC
*Major renewals will be reviewed as a Type I process.
17.26.040 Regulatory Mobile or Itinerant Vendor Permit.
Regulatory Mobile or Itinerant Vendor permits will be issued in accordance with the process
stated in PANIC 5.04.060. All vendors require a re ug latory mobile or itinerant vendor permit prior
to operating in the City of Port Angeles. Vendors must have a regulatory mobile, or itinerant
vendor permits to operate on approved hostingsites..
ites.
17.26.041 Application Requirements.
A. A complete application must contain:
1. The name, address, and telephone number of the applicant and the contact person;
2. Business license number, address, and contact information
3. Application narrative detailing:
i. Proposed area of operation and compliance with requirements for pedestrian
clearance and accessibility;
ii. Dates and hours of operation;
iii. Disposal of waste and grey water plan (if applicable);
iv. Access to water plan (if applicable);
v. Other information requested by the city may be deemed necessary to adequately
consider and address impacts to the right-of-way and adjacent properties.
4. Signed approval from Clallam County Health Department (if applicable).
5. Signed approval from the Department of Labor and Industries (if applicable).
6. Signage Plan: A -frame and attached signs to the vending unit are exempt from
review and additional fees.
B. If the proposal uses the public right of way, the City Transportation Engineer must
conduct an additional review.
17.26.042 Criteria for Approval.
A. General Requirements
1. Does not unreasonably interfere with previously approved businesses or other
typical uses or activities within the right -of -wad
2. Does not unreasonably disrupt the orderly or safe circulation of traffic as would
present an unreasonable risk of injury or damage to the public;
3. Does not unreasonably interfere with the city's operation and maintenance of
public infrastructure within the right-of-way;.
4. Complies with L&I and the Clallam County Health Requirements.
5. Has obtained and has not been denied other applicable project pen -nit
requirements.
6. Holds an active business license from the Washington State Department of
Revenue.
7. Does not conflict with the underlying purpose and intent of the zoning district in
which it is located.
B. Signage and Advertising_
1. A -frame and attached signs to the vending unit are exempt from review and
additional fees.
C. Display of approval:
1. All approvals will be prominently displayed on all carts, vehicles, or locations
from which a mobile vendor operates.
17.26.043 Conditions of Approval.
A. The city may condition the issuance of a project permit by imposing reasonable
requirements concerning the activity's time, place, and manner as necessary to protect the
safety and/or convenience of persons and property and the control of traffic. The city will
issue the required conditions in writing to the applicant. Conditions may include, but are
not limited to:
1. The provision of insurance per PAMC 11.12.140.13;
2. Proper disposal of refuse or debris, waste, and/or clean-up of spills;
3. Adjusted operatinghours;
ours;
4. Elimination of an onsite activity that cannot be mitigated to a point as to ensure
public safety and welfare or which possesses an unacceptable level of risk to the
city;
5. Accommodation of pedestrian, bicycle, or vehicular parking or traffic, including
restricting the activity to only a portion of a public place;
6. Reduction of noise and odors, including but not limited to those resulting from
amplified music, generators, or cooking of food;
7. Storage of materials within the public right-of-way;
8. Securing objects within the right-of-way;
9. Compliance with any relevant ordinance or law and obtaining any legally required
permits) or license(s);
10. Compliance with allowable permitted uses in the underlying zone; or
11. Any other restriction or requirement deemed necessary to ensure public
convenience, health, safety, and welfare.
12. All persons conducting a vendor business will obey any order of a police officer
to temporarily move such vending stand to avoid congestion or obstruction of the
surrounding area for pedestrian and/or vehicular traffic.
13. Vending units will not be locked or chained to street furniture or trees.
14. All vending units will have one 2AIOBC fire extinguisher mounted on the cart.
17.26.044 Limitations and Conditions.
The Director will have the authority to place appropriate limitations and conditions on any mobile
and itinerant vendors to ensure that all operations are consistent with the ordinances, plans, and
policies of the City of Port Angeles.
17.26.045 Expiration of Approval.
A. Initial Approval. The term of each project permit issued under this chapter is at the
discretion of the community and economic development department and is to be a
maximum of one year, subject to renewal.
B. Renewal Approval Term(s). Project permits issued under this chapter may be renewed for
successive terms upon application by the permit holder and payment of the applicable
renewal fee provided that all conditions of the original permit are currently being met.
Renewal will be valid for one year or otherwise.
17.26.050 Mobile or Itinerant Vendor Hosting Site Plan Review Project Permit
Applicability.
A site plan review for mobile and itinerant vendors is intended to ensure that vending unit
operations comply with re ug latory standards and minimize any potential negative impact on the
surrounding community. Site plan reviews for mobile and itinerant vendors are applicable when:
A. Permanent or semi -permanent setup.
B. Proximity to Sensitive Areas.
C. New or Unusual Structures.
D. Impact on Environmental Resources.
E. Utility and Waste Management Needs.
F. Changes in Site Use or Expansion.
G. Compliance with Local Business Regulations.
H. Operational Impact on Local Infrastructure.
Parking lot activities that fall under vendor hosting and will only be for a period not to exceed 7
consecutive days for private businesses and 14 consecutive days for private non-profit and
charitable organizations within a one -calendar -year period are exempt from site plan reviews and
must adhere to chapter 14.40 PAMC.
17.26.051 Mobile or Itinerant Vendor Hosting Site Plan Application Requirements.
A. An application in a format as established by the City will contain the following_
1. Applicant and Property Information
a. Name, Mailing Address, and Telephone Number;
b. Project Detail;
i. This includes permanent or semi -permanent setup preference.
c. Zoning classification;
d. Property Size;
e. Fencing Plan (if applicable
f. Landscaping plan (Major Site Plan Review only);
g. Noise Mitigation plan (Major Site Plan Review only
h. Other information requested by the city that may be deemed necessary to
adeauatelv consider and address impacts to the riuht-of-wav and adiacent
properties.
2. Project Phases. Provide a description and schedule for the project phases (if
applicable).
a. Proposed site plan elements (may be combined into one plan)Structural
Plan (if applicable). Submit a plan with elevations and specifications for
the tvpe, color, and texture of exterior surfaces of proposed structures.
b. Sign Plan if applicable). Provide a scale drawing of the sign plan showing
the location(s), size, design, material, color, and illumination method for all
exterior signs, both temporary. A -frame and attached signs to the vending
unit are exempt from review and additional fees.
c. Lighting Plan. Include any proposed lighting plan.
d. Noise and Environmental Control.
i. Present a plan to manage and control noise, dust, dirt, heat, glare,
vibration, odors, and toxic gases.
e. Waste, garbage, and greywater disposal locations.
f. Restroom facility access. Unless specifically prohibited by the Clallam
County Health Department, the host may utilize a public restroom facility
located within 1,000 ft of the proposed location as a permissible alternative
to an onsite restroom facility.
g. Water access plan.
h. Natural Features. Scale map of natural features such as ravines, slopes
greater than 35%. critical areas and their buffers, and shorelines with the
ordinary high-water mark.
i. Location of Driveways and Circulation. Layout of driveways, pedestrian
walks, curbs, gutters, street paving, fire hydrants, on -site water sources, and
sewage disposal systems.
j. Structures. Location(s), sizes), height, and gross floor area for all existing
and proposed structures or improvements.
k. Stormwater Systems (if applicable). Nature and location of temporary and
permanent stormwater systems.
1. Traffic and Parking. Locations of entrances and exits, traffic flow, parking
spaces loading berths vehicle maneuvering areas and their relationship
with adjacent properties.
m. Site Area Details: Approximate number of square feet in paved or
impervious surfaces open spaces wetlands and steep -unstable slopes; total
area of the site.
3. Site Plan Elements: A professionally prepared plan is not required. The plan may
be hand -drawn to scale. The plan may be but is not required to be, computer -
generated;
a. Boundaries and Dimensions. Show the location and approximate
dimensions of land boundaries proposed for development.
0
b. Contiguous Property. Indicate all contiguous property owned by the
applicant.
c. Easements and Rights -of -Way. Approximate location, width, and name of
recorded easements and rights -of -way, including_ public service or utilities.
d. Natural Features. Scale map of natural features such as ravines, slopes
greater than 35% critical areas and their buffers, and shorelines with the
ordinary high-water mark.
e. Location of Driveways, sidewalk, and utilities. Layout of driveways,
pedestrian walks curbs, gutters, street paving, fire ire hydrants, on -site water
sources, electrical, and sewage disposal systems.
f. Existing Structures. Location(s), size(s), height, and gross floor area for all
existing and proposed structures or improvements.
g. Stormwater Systems (if applicable). Nature and location of temporary and
permanent stormwater systems.
h. Traffic and Parking. Locations of entrances and exits, traffic flow, parking
spaces loading berths, vehicle maneuvering areas, and their relationship
with adjacent properties.
i. Site Area Details: Approximate number of square feet in paved or
impervious surfaces, open spaces, wetlands, and steep -unstable slopes;
the total area of the site.
4. Site Plan Title Block
a. Name, Address, and Telephone Number;
b. Include the applicant's contact details;
c. Date of Drawing;
d. Date the drawing was created;
e. Legend;
f. Site address or tax assessor parcel number;
g. Total approximate area of the site and each parcel or lot;
h. North arrow;
i. Scale (not larger than 1" = 20' or smaller than 1" = 200').
17.26.052 Mobile or Itinerant Vendor Hosting Site Plan Criteria for Approval.
A. Preliminary Review. The application will be checked to ensure it is complete and follows
submission guidelines.
B. Re ug latory Evaluation. The application will be assessed to ensure it meets all laws,
regulations, and standards.
1. The project's design and planning must be suitable for its location, zoning and
existing uses.
2. The project must meet this chapter and other relevant codes.
3. Existing streets, public facilities, and services must be able to support the new or
additional land use.
4. Collaboration with other departments and jurisdictions will occur to gather input
and ensure a thorough review.
10
5. Notification Requirements: Inform the public about pending applications,
especially for significant projects.
6. Major Site Plan Reviews will be processed as a Type II project permit per Chapter
18.02 PAMC.
C. Minor Mobile or Itinerant Vendor Hosting Site Plan Review
1. General Requirements:
a. The proposal does not unreasonably interfere with previously approved
businesses or other typical uses or activities within the right-of-way;
b. The proposal does not unreasonably disrupt the orderly or safe circulation
of traffic as would present an unreasonable risk of injury or damage to the
public;
c. The proposal does not unreasonably interfere with the city's operation and
maintenance of public infrastructure within the right-of-way;
d. The proposal complies with L&I and the Clallam County Health
Requirements;
e. The proposal has obtained or has been denied other applicable project
permit requirements;
f. The proposal holds an active business license from the Washington State
Department of Revenue and;
g. The proposal does not conflict with the underlying purpose and intent of
the zoning district in which it is located.
2. Design and location must adhere to the following standards (if applicable):
a. The proposal does not include work within environmentally sensitive areas,
shorelines, and wetlands or their buffers as designated and regulated by
Title 15 Environment PAMC:
b. Does not unreasonablv interfere with previously approved businesses or
other typical uses or activities within the right -of -wad
c. Does not unreasonably disrupt the orderly or safe circulation of traffic as
would present an unreasonable risk of injury or damage to the public;
d. Does not unreasonably interfere with the city's operation and maintenance
of public infrastructure within the right-of-way;
e. Complies with L&I and the Clallam County Health Requirements;
f. Has obtained and has not been denied other applicable project permit
requirements;
g. Holds an active business license from the Washington State Department of
Revenue;
h. Does not conflict with the underlying purpose and intent of the zoning
district in which it is located;
i. Lighting. The proposal ensures lighting complies with the requirements of
PAMC chapter 17.22.260;
j. Signage and advertising. The proposal ensures the size, location, design,
color, texture lighting and materials of all exterior signs and outdoor
11
advertising features are harmonious with existing and proposed buildings
and surrounding properties;
D. Major Mobile or Itinerant Vendor Hosting Site Plan Review
1. General Requirements:
a. The proposal does not unreasonably interfere with previously approved
businesses or other typical uses or activities within the right -of -wad
b. The proposal does not unreasonablydisrupt isrupt the orderly or safe circulation
of traffic as would present an unreasonable risk of injury or damage to the
public;
c. The proposal does not unreasonably interfere with the city's operation and
maintenance of public infrastructure within the right-of-way;
d. The proposal complies with L&I and the Clallam County Health
Requirements;
e. The proposal has obtained or has been denied other applicable project
permit requirements;
f. The proposal holds an active business license from the Washington State
Department of Revenue;
g. The proposal does not conflict with the underlying purpose and intent of
the zoning district in which it is located;
h. Applicant has provided an acceptable landscaping and fencing plan;
i. Applicant has provided an acceptable noise mitigation plan;
j. Application has been publicly noticed and required public comment period;
2. Design and location must adhere to the following standards (if applicable):
a. The proposal does not include work within environmentally sensitive areas,
shorelines, and wetlands or their buffers as designated and regulated by
Title 15 Environment PAMC;
b. Does not unreasonably interfere with previously approved businesses or
other typical uses or activities within the right -of -wad
c. Does not unreasonably disrupt the orderly or safe circulation of traffic as
would present an unreasonable risk of injury or damage to the public;
d. Does not unreasonably interfere with the city's operation and maintenance
of public infrastructure within the right-of-way;
e. Complies with L&I and the Clallam County Health Requirements;
f. Has obtained and has not been denied other pplicable project permit
requirements;
g. Holds an active business license from the Washington State Department of
Revenue;
h. Does not conflict with the underlying purpose and intent of the zoning
district in which it is located;
i. Lighting_ The proposal ensures lighting complies with the requirements of
PAMC chapter 17.22.260;
j. Signage and advertising. The proposal ensures the size, location, design,
color, texture, lighting, and materials of all exterior signs and outdoor
12
advertising features are harmonious with existing and proposed buildings
and surrounding properties;
17.26.053 Mobile or Itinerant Vendor Hosting Site Plan Approval.
Upon approval of a site plan, the approving authority will affix their signature(s) in an appropriate
place on the site plan, along with a brief statement that approval of the site plan has been granted
referencing conditions for approval and the date approved.
17.26.054 Mobile or Itinerant Vendor Hosting Site Plan Conditions of Approval.
A. The city may condition the issuance of a permit by imposing reasonable requirements
concerning the time, place, and manner of the activity as necessary to protect the safety
and convenience of persons and property and the control of traffic. The city will issue the
required conditions in writing to the applicant. Conditions may include, but are not limited
to, requirements for:
1. Signage and Advertising: A -frame and attached signs to the vending unit are
exempt from review and additional fees.
2. Display of approval. All approvals will be prominently displayed on all carts,
vehicles, or locations from which a mobile vendor operates.
3. The provision of insurance per PAMC 11.12.140.B;
4. Proper disposal of refuse or debris, waste, and/or clean-up of spills;
5. Adjusted operatinghours;
ours;
6. Elimination of an activity that cannot be mitigated to a point as to ensure public
safety and welfare or which possesses an unacceptable level of risk to the city;
7. Accommodation of pedestrian, bicycle, or vehicular parking or traffic, including
restricting the activity to only a portion of a public place;
8. Reduction of noise and odors including but not limited to those resultingfrom
rom
amplified music, generators, or cooking of food;
9. Storage of materials within the public right-of-way;
10. Securing objects within the right-of-way;
11. Compliance with any relevant ordinance or law and obtaining any legally required
permit(s) or license(s);
12. Compliance with allowable permitted uses in the underlying zone; or
13. Any other restriction or requirement deemed necessary to ensure public
convenience health, safety, and welfare.
14. All vending units must display their approved and active vending unit permit.
15. Fencing for properties adjacent or across an alley from a residential use.
16. All persons conducting a vendor business will obey any order of a police officer
to temporarily move such vending unit to avoid congestion or obstruction of the
surrounding area for pedestrian and/or vehicular traffic.
17. Vending units will not be locked or chained to street furniture or trees.
18. All vending units will have one 2AIOBC fire extinguisher mounted on the cart.
13
17.26.055 Mobile or Itinerant Vendor Hosting Site Plan Limitations and Conditions.
The approving authority may impose limitations and conditions on a site plan to ensure
compliance with the City of Port Angeles's ordinances plans policies and reviewing department
recommendations.17.26.056 Mobile or Itinerant Vendor Hosting Site Plan Amendments.
17.26.056 Mobile or Itinerant Vendor Hosting Site Plan Amendments.
An approved site plan may be amended using the same procedures provided under this chapter for
original site plan approval. For purposes of this chapter, the amendment will include changes in
building layout type or size modifications or conditions of approval, and changes in approved
uses; provided that changes that comply with all previously imposed conditions of approval will
not require a site plan amendment unless alterations in building layout open space circulation,
project phasing building type or size are proposed which may generate environmental impacts
not considered in the previous site plan approval.
17.26.057 Mobile or Itinerant Vendor Hosting Site Plan Expiration of Approval.
Initial Approval Term(s) Site plan approval is valid for five years contingent on compliance with
conditions phasing schedules and obtaining applicable permits. Approvals lapse if permits are
unused construction is not initiated or conditions are unmet within this period. If the permit or
permits are not used or work is not initiated within said time and carried on diligently in
accordance with the conditions imposed by the City pursuant to site plan approval, or should the
approved phasing schedule not be completed, the site plan will become null and void and any
approval, oval permit or conditions granted thereby will be deemed to have lapsed. Site Plan reviews
will require renewal when the scope originally pproved changes or after five years.
Renewal Approval Term(s). Project permits issued under this chapter may be renewed by the
permit holder and payment of the applicable renewal fee, provided that all conditions of the
original permit are currently being met. Renewal will be valid for five years or otherwise, as
stated by the director.
17.26.060 Revocation of Approval.
Permit issued pursuant to this chapter may be revoked, in writing, at the discretion of the director
of community development for the following:
A. Any fraud, misrepresentation, or false or misleading statement contained in the application
for license;
B. Any fraud, misrepresentation, or false or misleading statement made in connection with
the selling of products;
C. Any violation of this chapter;
D. Violations of the conditions or approval.
E. Engaging in or allowing a pattern of criminal conduct in, near, or associated with the
mobile vendor or vendor site; or
F. Conducting the business licensed under this chapter in an unlawful manner or in such a
manner as to constitute a breach of the peace or to constitute a menace to the health,
safety, or general welfare of the public.
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17.26.070 Penalties and Enforcement.
A. Using the procedures set out in PAMC 2.90, this chapter will be enforced against
platforms, owners, authorized agents, and/or operators violating this chapter may be
issued a citation, notice of violation, order to cease, and/or any notice of daily fines.
B. Violations of this chapter are civil violations and penalties for violations of this chapter
may be imposed as follows:
Violations:
1 st Violation of PAMC 17.26
$0.00
2nd Violation of PAMC 17.26
$100.00
3rd + Subsequent Violations of PAMC
$300.00 + revocation of permit
17.26
Daily Fines - once notice of violation and revocation of permit:
Daily Fee for the first 14 days
$100.00 per day
Daily Fee for each day after 14 days
$1,000.00 per day
17.26.080 Decision -Making Authority.
The Director is authorized to approve, deny, or approve with modifications or conditions all
Mobile and Itinerant Vendor applications in writing either as a permit or a denial letter. The
Director must attach conditions as necessary to ensure land use compatibility, public safety, and
compliance with all standards and requirements of this chapter.
The Director may modify or waive specific standards to accommodate unique site features, ensure
compatibility with surrounding land uses or account for the scale and impact of a project
requiring only administrative site plan approval However, any discretion to modify standards
must be guided by clearly stated objective criteria to ensure fairness, transparency, and
consistency in decision -making.
These criteria are supplementary to applicable state and county laws or ordinances.
17.26.090 Appeals.
Any person aggrieved by the decision of the Director under this chapter may appeal the decision
to the Hearing Examiner. Appeals must be submitted to the Director in writing within 15 days
following the date of the Director's decision The Hearing Examiner will conduct an open record
public hearing on the appeal of the Director's decision with notice being given as set forth in
PAMC 17 96 140 The Hearing Examiner's decision will be final unless appealed to Clallam
County Superior Cour. See Hearing Examiner Fees in the Master Fee Schedule subjected appeal
fees
15