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HomeMy WebLinkAbout07222026 PC Regular Meeting Agenda PacketREGULAR MEETING AGENDA PLANNING COMMISSION July 22, 2026 6:00 - 8:00 PM Notice is hereby given that the Port Angeles Planning Commission will meet on Wednesday, June 24, 2026 located at 321 E. 5th Street, Port Angeles, WA. This meeting will be conducted as a hybrid meeting. In hybrid meetings, members of the public, Committee members, and City staff may attend in person at City Hall or remotely via the Webex virtual meeting platform. For those planning to attend remotely, learn how to watch the meeting live and participate during the public comment period by visiting: https://www.cityofpa.us/Live-Virtual-Meetings For audio only, please call: 1-844-992-4726 Use access code: 2553 444 9940 Webinar password: PC07222026 (72072220 when dialing from a phone or video system) Once connected, press *3 to raise your virtual hand if you wish to make a comment or public testimony. You will be notified when it is your turn to speak. This access code will work for the July 22, 2026 meeting only. If you are joining the meeting through the Webex link and wish to make a comment or provide public testimony, please use the “raise your hand” feature in Webex. You will be notified when it is your turn to speak. Virtual Webex Meeting Link: https://cityofpa.webex.com/cityofpa/j.php?MTID=m97847195b7f40a7f8dfe1245f6b27ec0 The meeting is open to the public. I.CALL TO ORDER II.ROLL CALL III.PUBLIC COMMENT IV. APPROVAL OF MINUTES Minutes of the June 24, 2026 Meeting V. ACTION/DISCUSSION ITEMS 1.Action: Public Hearing for MCA 26-0180 State Mandated Development Code Updates. A municipal code amendment to Titles 14, 17, and 18 to incorporate state- mandated development code updates to be Growth Management Act compliant. 2.Discussion: MCA 26-0090 Critical Areas Ordinance Update. Staff presentation and Planning Commission discussion of Phase 2 of the development code updates to Titles 11, 13, and 15 of the municipal code with the proposed amended code. VI.STAFF UPDATES 1.Monthly Customer Service Report 2. Monthly Type 0/OTC Report 3. Monthly 5290 Report 4. Monthly Affordable Housing Report 5.Monthly Natural Resources Verbal Report 6.Monthly Land Use and Permitting Verbal Report 7.Monthly Building Report 8.Quarterly Licensing Report 9.Quarterly Grant Report VII.REPORTS OF COMMISSION MEMBERS VIII.PUBLIC COMMENT IX. ADJOURNMENT PLANNING COMMISSION MEETING Port Angeles, Washington June 24, 2026 This meeting was conducted as a hybrid meeting. CALL TO ORDER - REGULAR MEETING Chair Steiger called the regular meeting of the Port Angeles Planning Commission to order at 6:00 p.m. ROLL CALL Planning Commission Chair Steiger, Vice Chair Kiedrowski, Commissioners: Schorr, Mellema, Vogel. Members Absent: Vanderlugt Staff Present: Community and Economic Development Manager Shannen Cartmel, Planning Supervisor Ben Braudrick, Long Range and Special Projects Administrator Torres, Housing Administrator Jalyn Boado, CED Technician II Triston Carlstrom, Building Inspector/Licensing Administrator Chris Jackson. PUBLIC COMMENT John Ralston, Resident, The Critical Areas Ordinance (CAO) is not friendly towards the building community. What does best available science mean? Who is on the CAO stakeholder committee? What is the cost of these updates? There are areas where the wetland buffer is being expanded, which could cause issues. 1.Action Item: Approve the May 27, 2026, Minutes It was moved by Vogel and seconded by Shorr to: Approve the April 22, 2026, Planning Commission minutes. Motion carried 5-0 2.Discussion: Critical Areas Ordinance (CAO) Update. Staff introduction of Phase 2 of the development code updates to Titles 11 and 15 of the municipal code. The Planning Commission discussed the critical areas ordinance in broad terms and touched on areas for improvement. Staff will bring back a visualization tool for wetland buffer distances during the implementation phase of the CAO update. STAFF UPDATES Customer Service Report Community Development Technician II Carlstrom gave a brief update on customer service interactions in May 2026. Monthly Type 0/Over the Counter Report Community Development Technician II Carlstrom reported that 185 over-the-counter permits have been issued to date. Monthly 5290 Report July 22, 2026 Planning Commission Meeting 1 CITY OF PORT ANGELES PLANNING COMMISSION – June 24, 2026 Page 2 of 2 Licensing Administrator and Building Inspector Jackson gave a brief report on the 5290 permitting timelines for May 2026. Monthly Affordable Housing Report Housing Administrator Boado gave a brief update about affordable housing programs. A Sales and Use Tax grant for affordable housing of $91,006 and $35,265 in waiver permitting fees were awarded in May 2026. Monthly Land Use Permitting and Economic Development Report Long-range and special projects Administrator Torres highlighted land use projects in May 2026. Monthly Building Report Licensing Administrator and Building Inspector Jackson gave the May 2026 building report, which showed 44 building permits were issued. COMMISSION REPORTS Chair Steiger, no report. Commissioner Schorr, no report. Commissioner Vanderlugt, absent Vice Chair Kiedrowski, no report. Commissioner Mellema, no report. Commissioner Vogel, no report. SECOND PUBLIC COMMENT John Ralston, resident, What is the gap in funding for Project 935 at the intersection of 10th and C Street? ADJOURNMENT Chair Steiger motioned to adjourn the meeting at 7:06 p.m. Danny Steiger, Chair Jalyn Boado, Secretary July 22, 2026 Planning Commission Meeting 2 MCA 26-0180 Exhibit 1: Planning Commission Staff Report Page 1 EXHIBIT 1: STAFF REPORT TO: Planning Commission FROM: Planning Division DATE: Wednesday, July 22, 2026 RE: Municipal Code Amendment Application 26-0180 I. BACKGROUND The City is obligated under the Growth Management Act (GMA) to ensure all development legislation incorporated into the GMA since 2015 is addressed in local municipal development codes, policies, and standards. This municipal code amendment proposed by City staff fulfills all the GMA requirements for zoning and parking standards and requirements. Legislation and Revised Code of Washington (RCW) Excerpts Addressed in the Proposal RCW 35A.21.430 and RCW 35.21.683, as amended by ESHB 2266 (2026): Require cities to allow transitional housing and permanent supportive housing in zones where residential dwelling units or hotels are allowed. The 2026 amendments also address indoor emergency housing and shelters, comparable development and operating standards, permit and environmental-review procedures, and administrative design review. ESHB 2266, Chapter 232, Laws of 2026 RCW 36.70A.545, as amended by 2SHB 1859 (2026): Requires an increased density bonus, consistent with local needs, for qualifying affordable housing developments located on real property owned or controlled by a religious organization. 2SHB 1859, Chapter 2, Laws of 2026 RCW 36.70A.622: Establishes residential parking regulations concerning garages and carports, enclosed and unenclosed spaces, tandem parking, legally nonconforming gravel parking, maximum parking-space dimensions, tree-retention conflicts, grass-block pavers, and existing parking spaces. RCW 36.70A.817: Prohibits off-street parking requirements as a condition of permitting affordable housing, qualifying passive-house construction, modular construction, and mass- timber construction, except as otherwise authorized by the statute. RCW 35A.21.460, enacted through ESSB 5509: Requires child care centers and the conversion of existing buildings to child care centers to be allowed as outright permitted uses in all zones except industrial, light-industrial, and open-space zones. Qualifying on-site child care centers must be available through conditional-use approval in industrial and light-industrial zones, except in or around high-hazard facilities. July 22, 2026 Planning Commission Meeting 3 MCA 26-0180 Exhibit 1: Planning Commission Staff Report Page 2 RCW 35A.21.440: Establishes development-regulation limitations applicable to the addition of housing units within existing buildings in commercial, mixed-use, and residential zones. RCW 19.27A.270: Addresses application of the energy code when dwelling units are added within existing buildings. RCW 36.70A.810: Requires setback, roof-height, and gross-floor-area accommodations for insulation added as part of an existing-building retrofit for residential housing. RCW 36.70A.812: Requires setback, roof-height, foundation-measurement, and gross-floor- area accommodations for new construction and existing-building retrofits meeting passive- house requirements. RCW 36.70A.813: Requires buildings to be allowed to exceed maximum roof-height limits by at least 48 inches to accommodate roof-mounted solar-energy panels. RCW 36.70A.815: Prohibits façade-modulation and upper-level-setback requirements for specified affordable-housing, passive-house, building-conversion, modular, and mass-timber projects. RCW 36.70A.200: Requires comprehensive plans and development regulations to provide for the siting of essential public facilities. RCW 36.70B.020, RCW 36.70B.070, and RCW 36.70B.080, as amended by E2SHB 2418 (2026): Establish definitions and procedures governing project-permit application completeness, review periods, and calculation of permit-processing timelines. E2SHB 2418, Chapter 235, Laws of 2026 RCW 36.70A.130(2)(b): Authorizes amendments or revisions to a comprehensive plan outside the annual amendment cycle when an emergency exists or when necessary to resolve an appeal filed with the Growth Management Hearings Board or a court. RCW 35A.63.070 through RCW 35A.63.073: Require the planning agency to hold at least one public hearing on a Comprehensive Plan or amendment, forward its recommendation to the legislative body, and provide for final consideration and action by the legislative body at a public meeting. RCW 35A.63.100(2)(b): Requires at least one public hearing before enactment of a zoning ordinance or amendment and authorizes that hearing to be held before the planning agency or another body designated by the legislative body. IV. PROCEDURE MCA 26-0180 are citywide non-project actions that require public notice, a public hearing, and a final legislative decision by the City Council. These actions were accomplished on the following dates: July 22, 2026 Planning Commission Meeting 4 MCA 26-0180 Exhibit 1: Planning Commission Staff Report Page 3 • July 10, 2026. Expedited 60-day notice submitted to the Department of Commerce. • July 11, 2026. Public notice for MCA 26-0180. • July 22, 2026. Planning Commission public hearing. • July 24, 2026. Written comment period close. • August 18, 2026. City Council first reading of ordinance. The second reading is recommended to be waived due to the expedited nature of the code amendment. V. COMMENTS Public Comment: See Exhibit 3, Public Comment Memo City of Port Angeles Departmental Comments: Comments received from the City of Port Angeles Departments have been incorporated into this report’s findings and conditions. VI. PROPOSED MUNICIPAL CODE UPDATES Title 14 – Buildings and Construction Chapter 14.40 – Off-Street Parking ● Changes Proposed: Add definitions and standards applicable to state-required residential parking exemptions; prohibit off-street parking requirements for affordable housing, qualifying passive-house construction, modular construction, and mass- timber construction; and update residential parking standards concerning garages, carports, tandem parking, parking-space dimensions, existing gravel parking, grass- block pavers, tree retention, and existing nonconforming parking spaces. ● GMA Legislation Addressed: RCW 36.70A.622; RCW 36.70A.817. Title 17 – Zoning Chapter 17.08 – Definitions ● Changes Proposed: Add or update definitions for child care centers, childcare and family day care providers, a 50-percent density increase, essential public facilities, existing building envelope, and residential retrofits. ● GMA Legislation Addressed: RCW 35A.21.460; RCW 35A.21.440; RCW 36.70A.200. Chapter 17.10 – R7, Residential Mixed Density ● Changes Proposed: Allow transitional housing, permanent supportive housing, childcare centers, and residential retrofits as permitted uses; provide a density bonus for qualifying affordable housing on property owned or controlled by a religious July 22, 2026 Planning Commission Meeting 5 MCA 26-0180 Exhibit 1: Planning Commission Staff Report Page 4 organization; add essential public facilities as a conditional use; and establish height and setback accommodations for insulation and roof-mounted solar-energy panels. ● GMA Legislation Addressed: RCW 35A.21.430; RCW 35.21.683; RCW 36.70A.545; RCW 35A.21.460; RCW 35A.21.440; RCW 36.70A.810; RCW 36.70A.812; RCW 36.70A.813; RCW 36.70A.200. Chapter 17.11 – R9, Residential Low Density ● Changes Proposed: Allow transitional housing, permanent supportive housing, childcare centers, and residential retrofits as permitted uses; allow qualifying affordable housing on property owned or controlled by a religious organization to use R7 area and dimensional standards; add essential public facilities as a conditional use; and establish height and setback accommodations for insulation and roof-mounted solar- energy panels. ● GMA Legislation Addressed: RCW 35A.21.430; RCW 35.21.683; RCW 36.70A.545; RCW 35A.21.460; RCW 35A.21.440; RCW 36.70A.810; RCW 36.70A.812; RCW 36.70A.813; RCW 36.70A.200. Chapter 17.12 – R11, Residential Low Density ● Changes Proposed: Allow transitional housing, permanent supportive housing, child care centers, and residential retrofits as permitted uses; allow qualifying affordable housing on property owned or controlled by a religious organization to use R7 area and dimensional standards; add essential public facilities as a conditional use; and establish height and setback accommodations for insulation and roof-mounted solar- energy panels. ● GMA Legislation Addressed: RCW 35A.21.430; RCW 35.21.683; RCW 36.70A.545; RCW 35A.21.460; RCW 35A.21.440; RCW 36.70A.810; RCW 36.70A.812; RCW 36.70A.813; RCW 36.70A.200. Chapter 17.14 – RMD, Residential Medium Density ● Changes Proposed: Allow transitional housing, permanent supportive housing, child care centers, and residential retrofits as permitted uses; add essential public facilities as a conditional use; and establish height and setback accommodations for insulation and roof-mounted solar-energy panels. ● GMA Legislation Addressed: RCW 35A.21.430; RCW 35.21.683; RCW 35A.21.460; RCW 35A.21.440; RCW 36.70A.810; RCW 36.70A.812; RCW 36.70A.813; RCW 36.70A.200. Chapter 17.15 – RHD, Residential High Density July 22, 2026 Planning Commission Meeting 6 MCA 26-0180 Exhibit 1: Planning Commission Staff Report Page 5 ● Changes Proposed: Allow transitional housing, permanent supportive housing, child care centers, and residential retrofits as permitted uses; add essential public facilities as a conditional use; and establish height and setback accommodations for insulation and roof-mounted solar-energy panels. ● GMA Legislation Addressed: RCW 35A.21.430; RCW 35.21.683; RCW 35A.21.460; RCW 35A.21.440; RCW 36.70A.810; RCW 36.70A.812; RCW 36.70A.813; RCW 36.70A.200. Chapter 17.16 – Retrofit, Conversion, or Addition of Dwelling Units in Existing Buildings ● Changes Proposed: Establish standards for adding dwelling units within existing buildings, including the allowable density increase, permit and design requirements, dimensional and nonconformity provisions, transportation and environmental review, parking, ground-floor commercial uses, energy-code treatment, service areas, life- safety requirements, insulation-related setback projections, and gross-floor-area measurement. ● GMA Legislation Addressed: RCW 35A.21.440; RCW 19.27A.270; RCW 36.70A.810. Chapter 17.20 – Commercial Zones ● Changes Proposed: Allow residential retrofits in commercial zones; update child care terminology and use classifications; add essential public facilities as conditional uses; and establish height and setback accommodations for insulation and roof-mounted solar-energy panels. ● GMA Legislation Addressed: RCW 35A.21.460; RCW 35A.21.440; RCW 36.70A.810; RCW 36.70A.812; RCW 36.70A.813; RCW 36.70A.200. Chapter 17.22 – Commercial and Multi-Family Design Standards ● Changes Proposed: Exempt specified affordable-housing, passive-house, existing- building conversion, modular, and mass-timber residential projects from façade- modulation and upper-level-setback requirements. ● GMA Legislation Addressed: RCW 36.70A.815. Chapter 17.32 – IL, Industrial Light ● Changes Proposed: Add essential public facilities as a conditional use. ● GMA Legislation Addressed: RCW 36.70A.200. Chapter 17.34 – IH, Industrial Heavy ● Changes Proposed: Add essential public facilities as a conditional use. July 22, 2026 Planning Commission Meeting 7 MCA 26-0180 Exhibit 1: Planning Commission Staff Report Page 6 ● GMA Legislation Addressed: RCW 36.70A.200. Title 18 – Growth Management Chapter 18.02 – Administration of Project Permit Applications and Review Procedures ● Changes Proposed: Add the statutory definition of development regulations; clarify procedural completeness requirements; distinguish procedural completeness from substantive review; update exclusions used to calculate project-permit review periods; and revise Table 18.02.050-1 to identify the Planning Commission as the public hearing and recommendation body for applicable Type V amendments, with the City Council retaining final legislative authority ● GMA Legislation Addressed: RCW 36.70B.020; RCW 36.70B.070; RCW 36.70B.080; E2SHB 2418, Chapter 235, Laws of 2026. Chapter 18.04 – Comprehensive Plan and Housing Action Plan ● GMA Legislation Addressed: RCW 36.70A.130(2)(b). ● Authority Addressed: RCW 35A.63.070 through RCW 35A.63.073. VII. FINDINGS OF FACT AND STAFF ANALYSIS Comprehensive Plan All municipal code amendments must be consistent with the Port Angeles Comprehensive Plan. The following adopted goals and policies are the strongest direct policy support for the Phase 1 amendment package. Land Use Element Goal LU-7: Growth Management and Regional Cooperation Policy LU-7.2: Periodically review zoning regulations to ensure continued compliance with changes in state law, including but not limited to the Growth Management Act, the Shoreline Management Act, and the State Environmental Policy Act. Policy LU-7.5: Assure that development review and permit processes operate in a fair, timely, and predictable manner and update processes from time to time to incorporate best practices, changes in law, and align with community priorities and values. Housing Element Goal H-3: Housing Quality Policy H-3.7: Adequately and fairly enforce zoning and building codes to abate abandoned properties and ensure rental housing is safe, livable, and well-maintained. July 22, 2026 Planning Commission Meeting 8 MCA 26-0180 Exhibit 1: Planning Commission Staff Report Page 7 Transportation Element Goal T-3: Move people and goods safely by improving circulation and transportation facilities. Policy T-3.2: Strengthen development regulations as necessary to preserve right-of-way along roadways to facilitate implementation of the City’s adopted Complete Streets policy. Capital Facilities Element Goal CF-1: Provide and maintain safe and financially feasible urban services and capital facilities at or above stated levels of service to all City residents and the general public, and ensure equitable access and outcomes for all community members. Policy CF-1.1: Establish general level of service standards for each urban utility and service. Such standards should be used to assess the impacts of development and ensure the continued provision of utilities and services. These standards should prioritize equitable service delivery and be regularly evaluated for their impact across different communities within the city, and if a funding shortfall occurs in the CFP as a result of revenue assumptions, the City will reassess the land use element at that time. Staff Analysis: Collectively, these goals and policies support MCA 26-0180. Housing Action Plan The 2025 Housing Action Plan (HAP) identifies local barriers to housing production and reuse, including aging housing stock, infrastructure constraints, limited workforce capacity, and regulatory barriers that can increase cost and uncertainty for applicants and property owners. Staff Analysis: Two key goals of the 2025 Housing Action Plan are to create strategies to support housing preservation and to create strategies for housing affordability. Likewise, HAP Task 4 examines the use of affordable housing sales and use tax grants to benefit transitional and permanent supportive housing developments. HAP Task 7 calls for a housing instability project manager to help create more transitional and permanent supportive housing options. RCW 35A.21.430 and 35.21.683 allow transitional and permanent supportive housing in residential zones, and any zone where hotels are allowed. Additionally, RCW 36.70A.810 and .812 incentivize the conversion of existing buildings to residential housing. The Housing Action supports MCA 26-0180 because the code updates help to preserve and increase the housing stock and it allows for more affordable housing options. Climate Resiliency Plan The Climate Resiliency Plan was prepared in response to the City’s 2016 Comprehensive Plan Periodic Update, where climate resiliency goals and policies were integrated throughout. The CRP was designed to build upon existing sustainability programs and efforts and the was adopted as part of the 2022 Comprehensive Plan Amendment. It increases opportunities for near- and mid-term actions that help the City better prepare for climate risks now and into the July 22, 2026 Planning Commission Meeting 9 MCA 26-0180 Exhibit 1: Planning Commission Staff Report Page 8 future across five priority areas; buildings & energy, transportation, consumption & waste, ecosystem health, and community resilience & wellbeing. Staff Analysis: The 2022 Climate Resiliency Plan includes a focus on community resilience and wellbeing. MCA 26-0180 is consistent with that direction by establishing regulation that allows the City to work towards meeting the housing needs for all demographics to ensure every resident has a safe and affordable place to live. Port Angeles Municipal Code The following PAMC provisions are seen as relevant to this application. Planning Staff provides comments under each provision as a demonstration of the analysis conducted during the application review process and the findings of fact relevant to the application. Title 18 Per PAMC Section 18.02.050, the City Council has the authority to review and is authorized and directed to hear and decide on Type V permit applications. Staff Analysis: Under P AMC 18.02.050, the City Council retains final legislative authority over the applicable Type V amendments. The proposed revisions to PAMC 17.96.095 and Table 18.02.050-1 clarify that the Planning Commission conducts the required public hearing and forwards a recommendation to the City Council. RCW 35A.63.100(2)(b) requires at least one public hearing before enactment of a zoning ordinance or amendment and expressly permits that hearing to be held before the planning agency. RCW 35A.63.070 through 35A.63.073 similarly provide that the planning agency holds the public hearing on a Comprehensive Plan or amendment and forwards its recommendation to the legislative body for final consideration. Accordingly, after the Planning Commission conducts the required public hearing, the City Council may consider final legislative action at a public meeting without conducting a separate, duplicative public hearing. Environmental Review This action has been determined to be exempt from SEPA consideration per RCW 43.21C.450(1). Consistency In preparation and submission of a Municipal Code Amendment, City Staff has demonstrated that all standards will be met in accordance with the City’s Comprehensive Plan, Housing Action Plan, Climate Resiliency Plan, and the Port Angeles Municipal Code. VIII. CONCLUSIONS July 22, 2026 Planning Commission Meeting 10 MCA 26-0180 Exhibit 1: Planning Commission Staff Report Page 9 Having reviewed and considered the draft amendment package, the SEPA record, public comment, and all other materials presented in the legislative record, City staff recommends that the Planning Commission forward a recommendation of approval to City Council for MCA 26-0180 based on the following conclusions: 1. Analysis and findings of fact from staff are based on the draft code language, municipal code, adopted plans, public comment, and other materials available during the review period. Collectively, the information contained in this staff report and its Attachments forms the record of review for this legislative amendment package. 2. MCA 26-01810 is a citywide legislative actions affecting Titles 14, 17, and 18 of the Port Angeles Municipal Code. 3. The proposed municipal code amendments are a requirement of the Growth Management Act (RCW 36.70A). 4. The proposal satisfies the legislative requirements of RCW 35A.21.430, RCW 35.21.683, RCW 36.70A.040, RCW 36.70A.130(5), RCW 36.70A.545, RCW 36.70A.810, RCW 36.70A.812, RCW 36.70A.813, RCW 36.70A.817, and ESSB 5509. 5. The proposal is consistent with the adopted Comprehensive Plan policies supporting periodic code review, housing supply, and regulatory flexibility, fair and predictable permit processing, transportation coordination, and the provision of urban services. 6. The proposal is consistent with the adopted Housing Action Plan and addresses Task Four and Task Seven. The proposal aligns with the Housing Action Plan by allowing transitional and permanent supportive housing in all residential and commercial zones. 7. The proposal is consisent with the adopted Climate Resiliency Plan addressing community resilience and wellbeing. 8. The amendment package is legislative and citywide and does not authorize site-specific disturbance or development independent of future permit review under applicable City regulations. 9. This action has been determined to be exempt from SEPA consideration per RCW 3.21C.450(1). IX. RECOMMENDATION The Planning Division recommends that the Planning Commission recommend approval of Municipal Code Amendment No 26-0180 to the City Council. This recommendation is based on staff review of the draft code language, Port Angeles Municipal Code, adopted plans, the SEPA record, and submitted public comments. July 22, 2026 Planning Commission Meeting 11 MCA 26-0180 Exhibit 1: Planning Commission Staff Report Page 10 X. EXHIBIT LIST Exhibit 2: MCA 26-0180 Draft Code Exhibit 3: Public Comment Memo Exhibit 4: Periodic Update Checklist for Fully Planning Cities July 22, 2026 Planning Commission Meeting 12 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 1 EXHIBIT 2: DRAFT MUNICIPAL CODE CHAPTER 14.40 OFF-STREET PARKING 14.40.010 Purpose. The purpose of this chapter is to assure adequate provisions for public access are made in the development of new land use and in the change of use of an existing building. Off-street parking is only one of the provisions that needs to be considered to avoid significant adverse impacts on surrounding private properties and public infrastructure. This parking ordinance encourages transportation demand management to achieve low impact development as an alternative to off-street minimum parking requirements for each commercial, industrial, and public and institutional land use. The City recognizes that each business can have a variety of transportation strategies, facilities, and services instead of satisfying access solely by single occupant vehicles (SOV). Many businesses are unique and, therefore, can best determine the minimum parking requirements needed to serve their own needs. In residential zones, off-street parking is required for each dwelling unit to allow reduction in nonarterial street width standards. This parking ordinance encourages reduction in the impacts of increasing impervious surfaces on the costs for each development and on the environment from stormwater drainage. Reducing pollution from runoff and emissions serve community interests and should be balanced against requirements for more street and parking lot improvements. The City expects new developments to find less costly ways to meet transportation needs and does not want to require unneeded impervious surfaces. 14.40.020 Definitions. A. The following terms shall have the designated meanings for the purposes of this chapter, unless the context indicates otherwise: 6. “Off-street parking required” means the minimum number of off-street automobile parking spaces that must be provided as a condition of a residential development permit. The City may recommend, but shall not require as a condition of the permit approval, off-street parking for new residential dwelling units located on a major pedestrian corridor. Any such recommendation will be advisory only and will not be a basis for permit denial. 7. “Mass timber construction” means a building with structural components primarily made of mass timber products as defined in RCW 19.27.570. 8. “Modular construction” means a multistory residential building constructed of standardized components produced off-site, which are transported and assembled at a final location. 9. “Passive house requirements” means the criteria for certification as a passive house by Phius or the international passive house institute. 10. “Tandem” means having two or more vehicles, one in front of or behind the others with a single means of ingress and egress. 14.40.032 Off-street parking requirements for residential projects. Pursuant to RCW 36.70A.817, off-street parking is not required as a condition of permitting the following types of residential projects: A. Affordable housing; B. New construction or the retrofit of existing buildings meeting passive house requirements; C. Modular construction; or D. Mass timber construction. July 22, 2026 Planning Commission Meeting 13 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 2 14.40.034 Residential parking regulation. Pursuant to RCW 36.70A.622, residential development parking must meet the following: A. Garages and carports are not required to meet minimum parking requirements for residential development. B. Parking spaces that count towards minimum parking requirements may be enclosed or unenclosed. C. Parking spaces in tandem must count towards meeting minimum parking requirements at a rate of one space for every 20 linear feet, with any necessary provisions for turning radius. D. Existence of legally nonconforming gravel surfacing in existing designated parking areas may not be a reason for prohibiting utilization of existing space in the parking area to meet parking standards, up to a maximum of six parking spaces. E. Parking spaces may not be required to exceed eight feet by 20 feet, except for required parking for people with disabilities. F. Off-street parking is not required as a condition of permitting on a residential project if compliance with tree retention would otherwise make a proposed residential development or redevelopment infeasible. G. Parking spaces that consist of grass block pavers count toward the minimum parking requirements. H. Existing parking spaces that did not conform to the requirements of this section as of June 6, 2024, are not required to be modified or resized, except for compliance with the Americans with disabilities act. Existing paved parking lots are not required to change the size of existing parking spaces during resurfacing if doing so will be more costly or require significant reconfiguration of the parking lot space locations. PARKING REQUIREMENT TABLE "14.40-1" LAND USE PARKING SPACE REQUIREMENT Residential and Lodging Uses * see 14.40.032 for exceptions. July 22, 2026 Planning Commission Meeting 14 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 3 CHAPTER 17.08 – DEFINITIONS 17.08.020 "C." D. Child care center means an agency that regularly provides early childhood education and early learning services for a group of children for periods of less than 24 hours. For zoning purposes, a pre-school is also a child care center. D. Child care means an establishment for group care of nonresident children licensed by the Washington State Department of Children, Youth, and Family. Day care establishments are subclassified as follows: 1. Child care provider means a child care provider who regularly provides early childhood education, early learning services, and developmentally appropriate care, protection, and supervision of children that is designed to promote positive growth and educational experiences for children outside the child's home. The provider cares for not more than 12 children in the provider's home in the living quarters for periods of less than 24 hours a day. The term is not intended to include baby-sitting services of a casual, non-recurring nature, or in the child's own home. Likewise, the term is not intended to include cooperative reciprocated child care by a group of parents or legal guardians in their respective homes. 2. Child care facility means an agency (i.e., facility or business) that regularly provides early childhood education and early learning services for a group of 13 or more children for periods of less than 24 hours. The center is not located in a private residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation or is separate from the useable living quarters. 17.08.025 "D." C. Density increase, fifty percent (50%) is defined as an increase in the number of residential dwelling units located within an existing building that results in a unit count no greater than one and one-half times (150% total) the maximum number of dwelling units otherwise permitted by the underlying zoning designation. The building must satisfy all life safety standards. This density increase applies only when all dwelling units are located fully within the existing building envelope. Structural expansion beyond the existing building envelope requires compliance with all applicable parking and zoning standards for the expanded portion. The fifty percent increase is calculated as follows: 1. Calculate density bonus by determining the maximum number of dwelling units permitted on a subject parcel under the applicable base zoning designation. 2. Multiply the base unit count by 1.5. 3. Round up to the nearest whole number. 4. The resulting number is the maximum number of units permitted under this density allowance. 17.08.030 "E." H. Essential Public Facility. Facilities that may be difficult to site in accordance with WAC 365.196.550 and the most current Clallam County Countywide Planning Policies. L. Existing building envelope. A building that received a certificate of occupancy at least three years prior to the permit application to add housing units. 17.08.035 "F." B. Family day care provider. A child care provider who regularly provides early childhood education and early learning services for not more than 12 children at any given time in the provider’s home in the family living quarters except as provided in RCW 43.216.692 and in RCW 43.216.010(2). July 22, 2026 Planning Commission Meeting 15 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 4 17.08.090 "R." K. Residential retrofit. The conversion of existing buildings to residential uses, for the purpose of creating new housing units in existing buildings. See PAMC 17.16. July 22, 2026 Planning Commission Meeting 16 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 5 CHAPTER 17.10 - R7, RESIDENTIAL, MIXED DENSITY 17.10.020 Permitted uses. E. Family day care provider. Child care provider. H. Transitional housing. I. Permanent supportive housing. J. Child care center. K. Residential Retrofits. See PAMC 17.16. 17.10.040 Conditional uses. Conditional uses must comply with the development standards in subsection 17.94.065. D. Child care facility. F. Essential Public Facilities. Table 17.10.050-1 R7 zone area and dimensional requirements Measurement Type Limit Reference and Additional Provisions Density, maximum net 1 unit per 1,750 square feet Municipal utility capacity (including but not limited to stormwater, wastewater, and electrical) may be reviewed when assessing the feasibility of any proposal that results in 11 or more bedrooms per 7,000 square feet of land area. A pre-application meeting is recommended to address capacity. A density bonus of two additional units of affordable housing is allowed for any single- family or multifamily residence located on real property owned or controlled by a religious organization in accordance with RCW 36.70A.545. Maximum building height 30 feet a 35 feet where all roof forms above 30 feet have a minimum 3:12 roof pitch Minimum front setback 15 feet b PAMC 17.94.075 PAMC 17.94.080 PAMC 17.94.120 Minimum front setback, alley access lot 10 feet b PAMC 17.94.075 PAMC 17.94.080 PAMC 17.94.120 Minimum rear setback 15 feet b July 22, 2026 Planning Commission Meeting 17 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 6 Minimum rear setback, alley access lot 10 feet b Minimum side setback 5 feet b Minimum side setback (alley) 5 feet b Detached Accessory Structure Requirements Minimum rear setback for accessory structures in the rear one-third of the lot 10 feet b 0 feet from lot lines abutting an alley, except 5 feet where a garage or carport entrance faces the alley. For small lot design standards, see PAMC 17.21.010. Minimum side setback for accessory structures in the rear one-third of the lot 3 feet 3 feet from lot lines abutting an alley, except 5 feet where a garage or carport entrance faces the alley. Maximum building height within required primary structure setbacks 30 feet, 2 stories a Maximum building height, outside required primary structure setbacks Not to exceed the primary structure building height, 2 stories a a. Does not include roof-mounted solar panels up to 48 inches in height or accommodation of insulation for residential retrofitting of a commercial structure or new construction for buildings meeting passive house requirement up to 8 inches in accordance with RCW 36.70A.810,.812, and.813. b. New construction or retrofits of existing buildings for residential housing and for buildings meeting passive house requirements allowed to project into required setbacks and by up to eight inches to accommodate the addition of necessary insulation in accordance with RCW 36.70A.810 and .812. July 22, 2026 Planning Commission Meeting 18 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 7 CHAPTER 17.11 - R9, RESIDENTIAL, LOW DENSITY 17.11.020 Permitted uses. D. Family day care provider. Child care provider. H. Transitional housing. I. Permanent supportive housing. J. Child care center. K. Residential Retrofits. See PAMC 17.16. 17.11.040 Conditional uses. Conditional uses must comply with the development standards in subsection 17.94.065. F. Child care facility. F. Essential public facilities. Table 17.11.050-1 R9 zone area and dimensional requirements Measurement Type Limit Reference and Additional Provisions Density, maximum net n/a Any single-family or multifamily residence located on real property owned or controlled by a religious organization may utilize R7 zone area and dimensional requirements listed in Table 17.10.050-1 in accordance with RCW 36.70A.545. Maximum building height 30 feet a Minimum front setback 20 feet b PAMC 17.94.075 PAMC 17.94.080 PAMC 17.94.120 Minimum rear setback 25 feet b Minimum side setback 7 feet b Minimum side setback (street) 13 feet b Minimum side setback (alley) 7 feet b Detached Accessory Structure Requirements July 22, 2026 Planning Commission Meeting 19 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 8 Minimum rear setback for accessory structures in the rear one-third of the lot 10 feet b 0 feet from lot lines abutting an alley, except 5 feet where a garage or carport entrance faces the alley. Minimum side setback for accessory structures in the rear one-third of the lot 3 feet 3 feet from lot lines abutting an alley, except 5 feet where a garage or carport entrance faces the alley. Maximum building height within required primary structure setbacks 30 feet, 2 stories a. Maximum building height, outside required primary structure setbacks Not to exceed the primary structure building height, 2 stories a. a. Does not include roof-mounted solar panels up to 48 inches in height or accommodation of insulation for residential retrofitting of a commercial structure or new construction for buildings meeting passive house requirement up to 8 inches in accordance with RCW 36.70A.810, .812, and .813. b. New construction or retrofits of existing buildings for residential housing and for buildings meeting passive house requirements allowed to project into required setbacks and by up to eight inches to accommodate the addition of necessary insulation in accordance with RCW 36.70A.810 and .812. July 22, 2026 Planning Commission Meeting 20 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 9 CHAPTER 17.12 - R11, RESIDENTIAL, LOW DENSITY 17.12.020 Permitted uses. D Family day care provider. Child care provider. H. Transitional housing. I. Permanent Supportive housing. J. Child care center. K. Residential Retrofits. See PAMC 17.16. 17.12.040 Conditional uses. Conditional uses must comply with the development standards in subsection 17.94.065. F. Child care facilities and pre-schools. F. Essential public facilities. Table 17.12.050-1 R11 zone area and dimensional requirements Measurement Type Limit Reference and Additional Provisions Density, maximum net n/a Any single-family or multifamily residence located on real property owned or controlled by a religious organization may utilize R7 zone area and dimensional requirements listed in Table 17.10.050- 1 in accordance with RCW 36.70A.545. Maximum building height 30 feet (b) Minimum front setback 20 feet b PAMC 17.94.075 PAMC 17.94.080 PAMC 17.94.120 Minimum rear setback 25 feet b Minimum side setback 7 feet b Minimum side setback (street) 13 feet b Minimum side setback (alley) 7 feet b Detached Accessory Structure Requirements Minimum rear setback for accessory structures in the rear one-third of the lot 10 feet b 0 feet from lot lines abutting an alley, except 5 feet where a garage or carport entrance faces the alley. July 22, 2026 Planning Commission Meeting 21 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 10 Minimum side setback for accessory structures in the rear one-third of the lot 3 feet 3 feet from lot lines abutting an alley, except 5 feet where a garage or carport entrance faces the alley. Maximum building height within required primary structure setbacks 30 feet, 2 stories a. Maximum building height, outside required primary structure setbacks Not to exceed the primary structure building height, 2 stories a. Maximum building footprint Not to exceed the primary structure building footprint a. a. Does not include roof-mounted solar panels up to 48 inches in height or accommodation of insulation for residential retrofitting of a commercial structure or new construction for buildings meeting passive house requirement up to 8 inches in accordance with RCW 36.70A.810, .812, and .813. b. New construction or retrofits of existing buildings for residential housing and for buildings meeting passive house requirements allowed to project into required setbacks and by up to eight inches to accommodate the addition of necessary insulation in accordance with RCW 36.70A.810 and .812. July 22, 2026 Planning Commission Meeting 22 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 11 CHAPTER 17.14 - RMD - RESIDENTIAL, MEDIUM DENSITY 17.14.020 Permitted uses. D. Child care center. Child care facility. E. Family day care provider. Child care provider. H. Single-household dwellings. existing as of December 21, 2021. J. Transitional Housing. K. Permanent Supportive Housing. L. Residential Retrofits. See PAMC 17.16. 17.14.040 Conditional uses. L. Essential Public Facilities. Table 17.14.050-1 RMD zone area and dimensional requirements Maximum building height 35 feet a 40 feet where all roof forms above 35 feet have a minimum 3:12 roof pitch Minimum front setback 15 feet b PAMC 17.94.075 PAMC 17.94.080 PAMC 17.94.120 single-household Detached Accessory Structure Requirements for accessory structures in the rear one-third of feet where a garage or carport entrance faces the alley. for accessory structures in the rear one-third of feet where a garage or carport entrance faces the alley. July 22, 2026 Planning Commission Meeting 23 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 12 Maximum building height primary structure building height a detached structure is within the building envelope required of a principal structure in a. Does not include roof-mounted solar panels up to 48 inches in height or accommodation of insulation for residential retrofitting of a commercial structure or new construction for buildings meeting passive house requirement up to 8 inches in accordance with RCW 36.70A.810, .812, and .813. b. New construction or retrofits of existing buildings for residential housing and for buildings meeting passive house requirements allowed to project into required setbacks and by up to eight inches to accommodate the addition of necessary insulation in accordance with RCW 36.70A.810 and .812 July 22, 2026 Planning Commission Meeting 24 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 13 CHAPTER 17.15 - RHD - RESIDENTIAL, HIGH DENSITY 17.15.020 Permitted uses. D. Family day care provider. Child care provider. E. Child care center. Child care facility. H. Single-household dwellings. existing as of December 21, 2021. J. Transitional Housing K. Permanent Supportive Housing L. Residential Retrofits. See PAMC 17.16. 17.15.040 Conditional uses. M. Essential Public Facilities Table 17.15.050-1 RHD zone area and dimensional requirements Maximum building height 45 feet a 50 feet where all roof forms above 45 feet have a minimum 3:12 roof pitch Minimum front setback 15 feet b PAMC 17.94.075 PAMC 17.94.080 PAMC 17.94.120 Detached Accessory Structure Requirements accessory structures in the where a garage or carport entrance faces the alley. accessory structures in the where a garage or carport entrance faces the alley. building height structure building height a structure is within the building envelope required of a principal structure in the zone that the a. Does not include roof-mounted solar panels up to 48 inches in height or accommodation of insulation for residential retrofitting of a commercial structure or new construction for buildings meeting passive house requirement up to 8 inches in accordance with RCW 36.70A.810, .812, and .813. July 22, 2026 Planning Commission Meeting 25 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 14 b. New construction or retrofits of existing buildings for residential housing and for buildings meeting passive house requirements allowed to project into required setbacks and by up to eight inches to accommodate the addition of necessary insulation in accordance with RCW 36.70A.810 and .812 July 22, 2026 Planning Commission Meeting 26 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 15 NEW CHAPTER 17.16 – RETROFIT, CONVERSION, OR ADDITION OF DWELLING UNITS IN EXISTING BUILDINGS 17.16.010 Purpose. The purpose of the conversion provisions is to facilitate the retrofit and conversion of existing buildings to residential uses, for the purpose of creating new housing units in existing buildings. These provisions support serving the City’s housing needs and compliance with RCW 35A.21.440, 35A.21.990, and 19.27A.270. Retrofit and conversion projects can use all applicable affordable housing programs offered by the City, including but not limited to fee waivers and multifamily tax exemption. 17.16.020 Applicability. This chapter applies to all development applications that add dwelling units within an existing building and meet all of the following criteria: A. The existing building received a final certificate of occupancy at least three years before the submission of the development application. B. The existing building is located in a residential or nonresidential zone where multifamily dwellings are either a permitted use, an administrative conditional use, or a conditional use. 17.16.030 Modifications. For development applications meeting all requirements of PAMC 17.16.020, the normal requirements of the applicable chapters of the PAMC will apply during land use or building permit review required for the application except as modified below. A. Density Requirements. Density in existing buildings may be increased up to 50 percent more than the maximum density allowed in the underlying zone, or 150 percent total. B. Permitting Requirements. With the exception of emergency housing and transitional housing uses, the City may not impose permitting requirements on the use of an existing building for residential purposes beyond those requirements generally applicable to all residential development within the building's zone, including a change of use permit. C. Design Standard Requirements. The City may not impose setbacks, lot coverage, and floor area ratio requirements, on the use of an existing building for residential purposes beyond those requirements generally applicable to all residential development within the building’s zone, except as provided in RCW 36.70A.810 and 36.70A.812. D. Exterior Design Requirements. No exterior design or architectural requirements beyond those necessary for health and safety of the use of the interior of the building or unless the building is subject to historic preservation. E. Dimensional Requirements. Eligible conversions are exempt from all applicable dimensional requirements, except height restrictions for vertical expansions. F. Nonconformity. Existing buildings, proposed for the addition of housing units, with nonconformity regarding parking, height, setbacks, elevator size for gurney transport, or modulation cannot be denied by the City unless the applicable director makes written findings that the nonconformity is causing a significant detriment to the surrounding area. G. Transportation concurrency standards. The City cannot require a transportation concurrency study under RCW 36.70A.070 or an environmental study under RCW 43.21C based on the addition of residential units within an existing building. July 22, 2026 Planning Commission Meeting 27 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 16 H. Parking Requirements. No parking requirements will be imposed on the addition of dwelling units or living units added within an existing building; however, the City may choose to require the retention of existing parking that is required to satisfy existing residential parking requirements under local laws and for nonresidential uses that remain after the new units are added. I Ground Floor Uses. Conversions must maintain ground-floor commercial uses in structures that meet all of the following criteria: 1. The building has an existing commercial use on the ground floor; and 2. The building is in an area that requires commercial use on the ground floor; and 3. The building frontage is on a major pedestrian corridor identified in PAMC 17.22 Article II – Block Frontage Standards. J. Dwelling units may be added to the ground floor of a building that meets all requirements in subsection D of this section provided that commercial space is maintained along the building frontage abutting the major pedestrian corridor. K. Outside of all criteria in subsection D and E of this section, dwelling units may be located in any part of the converted building unless the addition of the units would violate applicable building codes or health and safety standards. L. Energy Code. Unchanged portions of an existing building that have been used for residential or previously permit-approved conditioned space will not be required to meet current energy code solely because of the addition of new dwelling units within the building. When any other existing building is converted to new dwelling units, changed portions of each of those new units must meet the requirements of the current energy code, except if: 1. The square footage of the new dwelling units does not exceed 2,500 square feet or 50% of the total building square footage, whichever is greater; 2. The building owner submits documentation, in a form acceptable to the City, showing the building’s residential units’ projected energy use intensity is less than or equal to the energy use intensity target in accordance with the clean buildings performance standard in RCW 19.27A.210; or 3. In all areas zoned for residential housing, an additional housing unit is created within an existing home. M. Service areas and mechanical equipment. Unless otherwise exempted by state law, all conversions of existing buildings to residential dwelling units must meet Chapter 17.22.250. N. Nothing in this section requires the City to approve a building permit application for the addition of housing units constructed entirely within an existing building envelope in a building located within a zone that permits multifamily housing in cases where the building cannot satisfy life safety standards. 17.16.040 Retrofits of existing building for residential housing – nonconforming setbacks. Nothing in this section prohibits the City from applying the requirements of the state building code or requires the City to allow a setback of less than 36 inches between residential dwelling units. In compliance with RCW 36.70A.810, the City allows the following: A. For retrofits of existing buildings to be used for residential housing: 1. The portion of exterior wall assemblies that includes insulation must be allowed to project up to an additional eight inches into the setbacks on all sides. 2. Gross floor area must be measured from the interior face of the exterior walls, which includes drywall, as typically depicted on the architectural floor plans. July 22, 2026 Planning Commission Meeting 28 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 17 B. For existing nonconforming buildings already projecting into setbacks, the portion of exterior wall assemblies that include insulation must be allowed to project up to an additional eight inches 8nto the setbacks on all sides if the building is to be used for residential housing. 17.16.050 Exceptions A. The redevelopment for multifamily residential use of any existing building located fully or partially within a critical area or shoreline designation, critical area or shoreline structure setback or buffer designated or established in Title 15 of the PAMC is subject to the requirements of Title 15. To the extent that any provision of this section conflicts with any applicable requirement contained in Title 15 PAMC, Title 15 PAMC will control. July 22, 2026 Planning Commission Meeting 29 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 18 CHAPTER 17.20 - COMMERCIAL ZONES 17.20.020 Permitted uses. Single-household dwelling P P P P Existing single-household dwelling (as of the adoption (X) (X) (X) (X) on Mixed block frontages (see PAMC 17.22.110). (X) (X) (X) (X) Only on lots that do not front on Mixed block frontages (see PAMC (X) (X) Child Care Services Table 17.20.040 Commercial zone dimensional standards Standard CBD CA CSD CN CO Condition/Reference Lot Dimensions Building Height (feet) Lot Size (square feet) single-household Setbacks (feet) Frontage Standards, for other front setback requirements. July 22, 2026 Planning Commission Meeting 30 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 19 Side street setback, minimum 0 0 0 0 5 b Interior side setback, minimum (X) b 15 (Y) b 15 (Y) b 15 (Y) b 15 (Z) b yard setback options and standards (X) 10' when abutting a residential zone (Y) 15' when abutting a residential zone (Z) Townhouses are exempt from side setback standards internal to a development. However, townhouse must meet applicable side setback standards for adjacent lots outside of the (X) b 15 (Y) a 15 (X) (Y) b yard setback options and standards (X) Loading structures must be 15' from any alley (Y) 15' when abutting an alley or Detached Accessory Structure Requirements (X)(X) (X) (X) (X) accessory structures in the rear one-third of the (X) (X) (X) (X) (X) residential zone. 15' from any alley or adjacent residential zone a a. Does not include roof-mounted solar panels up to 48 inches in height or accommodation of insulation for residential retrofitting of a commercial structure or new construction for buildings meeting passive house requirement up to 8 inches in accordance with RCW 36.70A.810, .812, and .813. b. New construction or retrofits of existing buildings for residential housing and for buildings meeting passive house requirements allowed to project into required setbacks and by up to eight inches to accommodate the addition of necessary insulation in accordance with RCW 36.70A.810 and .812 July 22, 2026 Planning Commission Meeting 31 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 20 CHAPTER 17.22 - COMMERCIAL AND MULTI-FAMILY DESIGN STANDARDS 17.22.110 Block frontage designation maps and regulations. 5. Affordable housing, new construction or retrofit of existing buildings meeting passive house requirements, conversion of existing buildings to housing or mixed-use development that includes housing, modular construction, or mass timber construction do not require façade modulation or upper-level setbacks per RCW 36.70A.815. July 22, 2026 Planning Commission Meeting 32 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 21 CHAPTER 17.32 - IL - INDUSTRIAL, LIGHT 17.32.040 - Conditional uses. B. Other: 11. Essential Public Facilities July 22, 2026 Planning Commission Meeting 33 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 22 CHAPTER 17.34 - IH - INDUSTRIAL, LIGHT 17.32.040 - Conditional uses. M. Essential Public Facilities. July 22, 2026 Planning Commission Meeting 34 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 23 CHAPTER 17.96 – ADMINISTRATION AND ENFORCEMENT 17.96.095 - Zoning initiation by the Planning Commission. On its own action, or if requested by the City Council, the Planning Commission shall cause to be prepared official controls that, when adopted by ordinance by the City Council, will further the objectives and goals of the comprehensive plan. The Planning Commission may also draft such regulations, programs and legislation that, in its judgment, are required to preserve the integrity of the comprehensive plan and assure its systematic execution. The Planning Commission may hold public hearings and recommend such plans, regulations, programs and legislation to the City Council for adoption. July 22, 2026 Planning Commission Meeting 35 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 24 CHAPTER 18.02 ADMINISTRATION OF PROJECT PERMIT APPLICATIONS AND REVIEW PROCEDURES 18.02.020 Definitions. C. Development Regulations means the controls placed on development or land use activities by the City including, but not limited to, zoning ordinances, critical area ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, even though the decision may be expressed in a resolution or ordinance of the legislative body of the City. 18.02.050 Project permit application framework. Table 18.02.050-1 Action Types—Recommendation/Approval Process Applications and Decision Types Type of Decision: Type 0 Type I Type II Type III Type IV Type V Conference Made By: Director Commission Public Hearing: see footnote2 Appeal Examiner Examiner Examiner Business Calendar Calendar Calendar Calendar determined that the necessary information can be conveyed to the applicant by other means, such as an inquiry appointment. 2 No public hearing for final plats. Open record public hearing is required for site specific July 22, 2026 Planning Commission Meeting 36 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 25 4 18.02.120 Determination of complete application. 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 procedurally complete; or 2. The application is procedurally incomplete, and the procedural submission requirements have not been met. The determination shall outline what is necessary to make the application procedurally complete. D. Procedurally complete. A project permit application is procedurally 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. A determination of procedural completeness is not substantive review of the application and shall not be conditioned on the adequacy, accuracy, or sufficiency of the information submitted. 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. F. Date of acceptance of project permit application. A project permit application is procedurally 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. 18.02.170 Time limit for final decision. 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, an applicable fee must be paid, or a required notice must be posted, and the day when responsive information is resubmitted by the applicant. 4. Any period that the City has completed all possible work on the application but must wait for necessary action by a government entity subject to RCW 36.70B. 5. Any period during which a draft or final environmental impact statement is being prepared following a determination of significance under chapter 43.21C RCW. 6. Any period between issuance of a final decision and the expiration of the applicable administrative appeal period. July 22, 2026 Planning Commission Meeting 37 MCA 26-0180 Exhibit 2: Draft Municipal Code V 2.2 Page 26 CHAPTER 18.04 - COMPREHENSIVE PLAN AND HOUSING ACTION PLAN 18.04.045 – Emergency Amendments. After appropriate public participation the City may adopt amendments or revisions to the comprehensive plan that conform with RCW 36.70A.130 whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with the growth management hearings board or with the court. July 22, 2026 Planning Commission Meeting 38 ` MCA 26-0180 Exhibit 3: Public Comment Memo Page 1 EXHIBIT 3: PUBLIC COMMENT MEMORANDUM DATE: Wednesday, July 22, 2026 TO: Planning Commission FROM: Planning Division RE: MCA 26-0180 Public Comment and Staff Response INTRODUCTION This memo and its attachment serves as the official response to public comment from City staff and includes all noticing procedures, documentation, individual comments as responses. PUBLIC NOTICING PROCEDURES Public notice for Land Use Application MCA 26-0180 was opened on July 9, 2026, and will close on July 23, 2026, and was provided in the following manner: • In the Peninsula Daily News: July 9, 2026. • Onsite: Citywide Action. • To all property owners within 300’ of the exterior property boundaries of the proposal lot/s as listed by the Clallam County Assessor: Citywide Action. • At the City Hall Noticing Board: July 9, 2026. • On the City’s Website: July 8, 2026. • To the Department of Commerce: July 9, 2026, with a request for expedited 60-day review. See Attachment A for noticing documentation. PUBLIC COMMENT Staff received one written public comment during the open public comment period. The comment raised questions and recommendations concerning dimensional standards, table footnotes, the applicability of new lot-size standards to existing planned residential developments, and density standards in commercial zones. See Attachment C for comment submission. STAFF RESPONSE Staff revised the applicable footnotes, and a 30-foot maximum height was added for primary structures in R11. Existing PRDs are not subject to the new maximum lot-size standards, and commercial zones currently have no minimum or maximum density standards. See Attachment B for full staff response. Attachment A: Public Noticing Documentation Attachment B: Public Comment Matrix Attachment C: Public Comment to Date July 22, 2026 Planning Commission Meeting 39 MCA 26-0180 Exhibit 3 : Public Comment Memo Attachment A Public Notice Page 1 P U B L I C N O T I C E -Public Hearing Process for a Municipal Code Amendment (MCA 26-0180) - : Municipal Code Amendment : Citywide : Municipal Code Amendments require by Washington State legislation associated with the Growth Management Act (RCW 36.70A) 2025 Comprehensive Plan Periodic Update (CPA 25- 0004). Submitted Applicant Determined Complete Location Comment Period Close comments must be received by July 23, 2026. WHAT: The City of Port Angeles is processing a Type V Municipal Code Amendment. Application information may be found on the City’s website: https://www.cityofpa.us/145/Current-Projects-and-Plans. HOW TO COMMENT: Interested parties are encouraged to comment on the proposal and may request a copy of the decision once it’s been made and any appeal rights. Written comments must be submitted prior to the close of the public hearing, care of the Department of Community & Economic Development (DCED) ced@cityofpa.us or 321 E 5th Street, Port Angeles WA 98362 c/o DCED. DATE/TIME OF HYBRID PUBLIC HEARING: Wednesday, July 22, 2026 @ approximately 6:00 PM PST LOCATION OF HEARING: This meeting will be held virtually and in the City Council Chambers, 321 E 5th Street, Port Angeles WA 98362 HEARING PARTICIPATION: This hearing will be held in a hybrid meeting. The Audio Only and Live Hearing function and access to City Council Chambers will be available 30 minutes prior to the meeting. If you are unable to attend the hearing, or unable to deliver audio public testimony during the public hearing as described above, you may submit written public comment. All written public testimony must be postmarked prior to July 27, 2026. [LEARN ABOUT THIS LIVE MEETING: www.cityofpa.us/Live-Virtual-Meetings Toll Free Phone Number for Audio Only*: 1-844-992-4726 Access Code: 2553 444 9940 (*Audio Only Testimony for those without internet access: Instructions will be given during meeting) DECISION AND APPEAL INFORMATION: The City Council decision will be made based on the Staff Report, record, and written public comment. Any appeal of this decision shall be filed within 21 days after the date of decision. .............................................................................................................................. -State Environmental Policy Act - WHAT: This action has been determined to be exempt from SEPA consideration per RCW 3.21C.450(1). .............................................................................................................................. FOR ADDITIONAL INFORMATION PLEASE CONTACT: Angel Torres, Long Range and Special Projects Associate Planner at (360) 417-4750 or ced@cityofpa.us. PUBLISH ON: Friday, July 10, 2026 July 22, 2026 Planning Commission Meeting 40 26-0180 Exhibit 3: Public Comment Memo Attachment 2 Public Comment Matrix Public Comments and Responses Regarding MCA 26-0180 Sheets included: - includes comments that were submitted to the Department of Community & Economic Development in writing July 22, 2026 Planning Commission Meeting 41 Public Comments - Written Comments 1 Year-month- day Email/verbal/letter, etc. Person who submitted the comment specify what comment pertains to Insert comment verbatim or paraphrased Respond to comment 1 7/22/2026 Email Annie O'Rourke Revisions to proposed code amendments The commenter questioned whether footnote “a” is appropriate for the maximum- density standard in Table 17.10.050-1 and recommended removing footnote “b” from code fire-separation and fire-rated-wall requirements. The commenter also asked whether the R11 dimensional table should include a maximum building height and minimum front setback, whether the new maximum lot-size standards in the RMD and RHD zones would apply to existing planned residential developments, and where density standards for commercial zones are established. July 22, 2026 Planning Commission Meeting 42 From:Annie O"Rourke To:Community and Economic Development Cc:Ben Braudrick; Shannen Cartmel Subject:Re: July 22, 2026 Planning Commission Agenda Now Available! Date:Wednesday, July 22, 2026 8:25:59 AM [CAUTION - EXTERNAL EMAIL] Good Morning, After reviewing the proposed code changes I have several questions: 1. Is footnote "a" appropriate in Table 17.10.050-1 Density Maximum?2.I strongly suggest that footnote "b" be struck from those minimum side yardsetbacks that are 3'. The complications of fire separation distance and firerated walls in the building code make this provision/allowance very problematic.3. Should there be a maximum height noted in the dimensional table for the R11zone? 4.Should there be a minimum front setback noted in the dimensional table for the R11 zone? 5. The new max lot size in RMD and RHD wouldn't apply to existing PRDs, correct? 6. Where are the density standards found for the commercial zones? Thanks for the opportunity to review. Annie O'Rourke Director of Acquisition & Development Peninsula Housing Authority 727 E 8th Street Port Angeles, WA 98362 (360)452-7631 ext. 301 MCA 26-0180 Exhibit 3 Public Comment Memo Attachment 3 July 22, 2026 Planning Commission Meeting 43 LOCAL GOVERNMENT DIVISION Periodic Update Checklist for Fully-Planning Cities Overview: This checklist is intended to help cities that are fully planning under the Growth Management Act (GMA, RCW 36.70A.040) conduct the “periodic review and update” of comprehensive plans and development regulations required under RCW 36.70A.130 (5). This checklist identifies components of comprehensive plans and development regulations that may need updating to reflect the latest local conditions or to comply with GMA changes since the last periodic update cycle (2015- 2018). Local governments should review local comprehensive plan policies, countywide planning policies and multicounty planning policies (where applicable) to be consistent with the new requirements. Checklist Instructions Please use the most recent versions of your comprehensive plan and development regulations to fill out each item in the checklist and answer the following questions: Is this item addressed in your current plan or development regulations? If YES, fill in the form with citation(s) to where in the plan or regulation the item is addressed. Where possible, we recommend citing policy or goal numbers by element rather than page numbers, since these can change. If you have questions about the requirement, follow the hyperlinks to the relevant statutory provisions or rules. If you still have questions, visit the Commerce Periodic Update webpage or contact the Commerce planner assigned to your region. City of Port Angeles City Ben Braudrick, Planning Supervisor 360-406-0654 bbraudrick@cityofpa.us Staff contact, phone + email Notice: This checklist has been updated with new 2025 GMA legislation. Rows that include new 2025 legislative changes or updated Commerce guidance are shown in light orange , and all statutory changes adopted since 2015 are emphasized in highlighted text to help identify new GMA requirements that may not have been addressed during the last periodic update or through other amendments outside of the required periodic update process. Additionally, amendments to the GMA are summarized in this document on Commerce’s GMA Laws and Rules webpage. July 22, 2026 Planning Commission Meeting 44 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 2 Is amendment needed to meet current statute? Check YES to indicate a change to your plan will be needed. Check NO to indicate that the GMA requirement has already been met. Local updates may not be needed if the statute has not changed since your previous update, if your jurisdiction has kept current with required inventories, or if there have not been many changes in local circumstances. Use the “Notes” column to add additional information to note where your city may elect to work on or amend sections of your plan or development regulations, to call out sections that are not strictly required by the GMA, or to indicate if the item is not applicable to your jurisdiction. Submit your checklist! This will be the first deliverable under your periodic update grant (PUG). PlanView system and instructions: Completed checklists can be submitted through Commerce’s PlanView portal. The PlanView system allows cities and counties to submit and track amendments to comprehensive plans or development regulations online, with or without a user account. You can also submit via email: reviewteam@commerce.wa.gov. Fill out and attach a cover sheet, a copy of your submittal and this checklist. Please be advised that Commerce no longer accepts paper submittals. For further information about the submittal process, please visit Commerce’s Growth Management Act Laws and Rules webpage. Additional Checklists Supplemental checklists have been created to assist local governments with completion of their periodic updates. In addition to this periodic update checklist, the below linked checklists are required PUG deliverables if using PUG funds to update housing regulations or a Critical Areas Ordinance. Housing: Accessory Dwelling Units (ADU) Checklist Co-living Checklist Expanded Housing Checklist Middle Housing Checklist Residential Parking Checklist STEP Checklist (Emergency Shelter, Transitional Housing, Emergency Housing and Permanent Supportive Housing) Critical Areas Ordinance: Critical Areas Checklist Need help? Please visit Commerce’s periodic update webpage for additional resources. Or contact your assigned regional planner Or contact: Suzanne Austin, AICP Senior Planner Growth Management Services WA Department of Commerce 509.407.7955 Suzanne.Austin@commerce.wa.gov July 22, 2026 Planning Commission Meeting 45 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 3 Section I: Comprehensive Plan Section II: Development Regulations LAND USE CRITICAL AREAS HOUSING ZONING CODE CAPITAL FACILITIES SHORELINE MASTER PROGRAM UTILITIES RESOURCE LANDS TRANSPORTATION ESSENTIAL PUBLIC FACILITIES SHORELINE SUBDIVISION CODE ESSENTIAL PUBLIC FACILITIES STORMWATER TRIBAL PLANNING ORGANIC MATERIALS MANAGEMENT CLIMATE CHANGE & RESILIENCY IMPACT FEES ECONOMIC DEVELOPMENT CONCURRENCY & TDM PARKS & RECREATION TRIBAL PARTICIPATION OPTIONAL ELEMENTS REGULATIONS FOR OPTIONAL ELEMENTS CONSISTENCY PROJECT REVIEW PROCEDURES PUBLIC PARTICIPATION PLAN & REGULATION AMENDMENTS July 22, 2026 Planning Commission Meeting 46 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 4 Land Use Element In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes UGA requirements and guidance: See RCW 36.70A.110, .130 and WAC 365-196-310 regarding UGA size, patterns of development, modifications (expansions, reductions, swaps), suitability and infrastructure. Coordinate these efforts with the affected cities and also see Commerce’s UGA guidance on the Yes: Land Use Element, Growth Management Act discussion; Goal LU-7; Policies LU- 7.6 through LU- 7.15. No require continued coordination with Clallam County. Completed: ☒ Date: 12/31/2025 Ord. 3785 a. The element integrates relevant countywide planning policies into the local planning process, and ensures local goals and policies are consistent. For jurisdictions in the central Puget Sound region, the plan is consistent with applicable multicounty planning policies. RCW 36.70A.210 WAC 365-196-305 Coordinate these efforts with your county. Yes: Framework; Goal LU-7; Policies LU-7.5, LU-7.7, and LU-7.14. No Completed: ☒ Date: 12/31/2025 Ord. 3785 b. A future land use map showing land uses, city limits and UGA boundaries. RCW 36.70A.070(1) amended in 2023 and RCW 36.70A.110(6), WAC 365-196-400(2)(d), WAC 365-196-405(2)(b), (c) and (f) Element, Map 1 and Table 2; Policies LU-1.1, LU- 1.3, and LU-1.4. No Completed: ☒ Date: 12/31/2025 Ord. 3785 c. Consideration of urban planning approaches that increase physical activity and reduce per capita vehicle miles traveled within the jurisdiction, but without increasing greenhouse gas emissions elsewhere in the state. RCW 36.70A.070(1) (amended in 2023) and WAC 365-196-405(2)(j). Additional resources: Commerce’s Climate guidance, Transportation Efficient Communities' guidance, and the WA Department of Health Yes – Policies LU- 2.1, T-1.1 through T-1.6, T-2.7, HM- 8.1, and HM-8.2. Ord . 3758 No Completed: ☒ Date: 12/31/2025 Ord. 3785 July 22, 2026 Planning Commission Meeting 47 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 5 Land Use Element d. A consistent population projection throughout the plan which should be consistent with the jurisdiction’s allocation of projected countywide population and housing needs, consistent with RCW 36.70A.070 (preamble), RCW 36.70A.115, RCW 43.62.035 and WAC 365-196-405(2)(f) Yes – Land Use Element, Table 1; No Completed: ☒ Date: 12/31/2025 Ord. 3785 e. Estimates of population densities and building intensities based on future land uses and housing needs. RCW 36.70A.070(1) (amended in 2023), WAC 365-196-405(2)(b), (c) and (f) Note: Estimates in the land use element or land capacity analysis should include assumed densities to accommodate housing needs. (see WAC 365-196-210(7)) Note: For cities required to plan under the Buildable Lands Program, RCW 36.70A.215 amended in 2017, some jurisdictions may need to identify reasonable measures to reconcile inconsistencies. See Program page. Yes – Land Use Element, Tables 1 and 2; Housing Element, Tables 4 and 5; Volume II, Appendix A-3. No Completed: ☒ Date: 12/31/2025 Ord. 3785 f. Provisions for protection of the quality and quantity of groundwater used for public water supplies. RCW 36.70A.070(1) (amended in 2023), WAC 365-196-405(1)(c); WAC 365-196-485(1)(d) Yes – Policies LU- 1.9, C-2.4, and U- 3.3. No Completed: ☒ Date: 12/31/2025 Ord. 3785 In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes July 22, 2026 Planning Commission Meeting 48 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 6 Land Use Element g. Identification of lands useful for public purposes such as utility corridors, transportation corridors, landfills, sewage treatment facilities, storm water management facilities, recreation, schools and other public uses. RCW 36.70A.150 and WAC 365- 196-340 Yes – Policies LU- 1.7, LU-4.10, CF- through CF-1.5, and U-4.1; Volume II, Appendix E-1. No Completed: ☒ Date: 12/31/2025 Ord. 3785 h. Identification of open space corridors and green spaces within and between urban growth areas including lands useful for recreation, wildlife habitat, trails and connection of critical areas, and urban and community forests within the UGA. RCW 36.70A.070(1) amended in 2023, RCW 36.70A.160 and WAC 365-196-335 Yes – Goal C-5; Policies C-5.1 through C-5.4, PR- 1.1, and PR-1.7 through PR-1.10. No Completed: ☒ Date: 12/31/2025 Ord. 3785 i. If there is an airport within or adjacent to the city: policies, land use designations (and zoning) to discourage the siting of incompatible uses adjacent to general aviation airports. RCW 36.70A.510, RCW 36.70.547 Note: The plan (and associated regulations) must be filed with the Aviation Division of WSDOT. WAC 365-196-455 Yes – Policy LU- 5.9; Volume II, Appendix A-5, Airport Compatibility Planning. Yes Completed: ☐Date: j. Where applicable, a review of drainage, flooding and stormwater run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state. RCW 36.70A.070(1) (amended in 2023) and WAC 365-196-405(2)(e) Note: RCW 90.56.010(27) defines waters of the state. Yes – Policies LU- 1.9, C-2.4, C-2.10, C-2.11, and U-3.3; Volume II, Appendix E-1, Stormwater Management. No Completed: ☒ Date: 12/31/2025 Ord. 3785 July 22, 2026 Planning Commission Meeting 49 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 7 Land Use Element Building Cities in the Rain, Ecology Stormwater Manuals, Puget Sound Partnership Action Agenda k. Policies to designate and protect critical areas including wetlands, fish and wildlife habitat protection areas, frequently flooded areas, critical aquifer recharge areas and geologically hazardous areas. In developing these policies, the city must have included the best available science (BAS) to protect the functions and values of critical areas, and give “special consideration” to preserve or enhance anadromous fisheries. RCW 36.70A.030(6), RCW 36.70A.172, WAC 365- 190-080. Best Available Science: see WAC 365- 195-900 through -925 Yes – Policies C- 1.3, C-2.3, C-2.7, LU-7.12, and HM- 4.4. Yes Title 15 critical areas regulations are under separate periodic review. Completed: ☐Date: July 22, 2026 Planning Commission Meeting 50 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 8 In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes l. If forest or agricultural lands of long-term commercial significance are designated inside a city: a program authorizing Transfer (or Purchase) of Development Rights. RCW 36.70A.060(4), RCW 36.70A.170 Yes – Implementation Action A-3.03 Completed: ☐Date: m. If there is a military base within or adjacent to the jurisdiction employing 100 or more personnel: policies, land use designations, (and consistent zoning) to discourage the siting of incompatible uses adjacent to military bases. RCW 36.70A.530(3), WAC 365-196-475 N/A No was verified. Coast Guard Air Station Port Angeles is identified in Volume II, Appendix A. Completed: ☐Date: n. RCW 36.70A.142 (new in 2022), HB 1799: Development regulations newly developed, updated, or amended after January 1, 2025 allow for the siting of organic materials (OM) management facilities as identified in local solid waste management plans (SWMP) to meet OM reduction and diversion goals. Siting must meet criteria described in RCW 70A.205.040(3). See also RCW 36.70.330. For applicability, see RCW 70A.205.540. No Yes Completed: ☐Date: o. Give special consideration to achieving environmental justice in goals and policies, including efforts to avoid creating or worsening environmental health disparities. RCW 36.70A.070(1) amended in 2023. Yes – Policy LU- 2.11; Goal HM-7; Policies HM-7.1 through HM-7.3. No Completed: ☒ Date: 12/31/2025 Ord. 3785 p. The land use element must reduce and mitigate the risk to lives and property posed by wildfires by using land use planning tools and through wildfire preparedness and fire adaptation measures. RCW 36.70A.070(1) amended in 2023. Yes – Policy LU- 1.10; Policies HM- 5.4, HM-5.5, and CF-7.7 through CF- 7.10. No Completed: ☒ Date: 12/31/2025 Ord. 3785 July 22, 2026 Planning Commission Meeting 51 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 9 in 2023 Housing Element New legislation substantially amended the housing-related provisions of the Growth Management Act (GMA), RCW 36.70A.070(2). Local governments should review local comprehensive plan policies and countywide planning policies to be consistent with the updated requirements. For more information about what these housing element requirements involve and what Commerce staff will be reviewing for, please see the Expanded Housing Checklist located on the Updating GMA Housing Elements webpage. In Current Plan? Yes/No If yes, cite section meet current statute? Notes . • the preservation, improvement and development of housing RCW 36.70A.070(2)(b); and • moderate density housing options including, but not limited to, duplexes, triplexes, and townhomes, within an urban growth area boundary, RCW 36.70A.070(2)(b) amended in 2021 and WAC 365-196-410(2)(a); and • Consideration of housing locations in relation to employment locations and the role of ADUs. RCW 36.70A.070(2)(d) new in 2021 and WAC 365-196-410(2)(e)(v) • Consideration of the role of accessory dwelling units (ADUs) in meeting housing needs. RCW 36.70A.070(2)(d)(iv) amended in 2021 and WAC 365-196-410(2)(e)(vi) Yes – Housing Element, Goals H-1 through H-5; Policies LU-3.1 through LU-3.12. No Completed: ☒ Date: 12/31/2025 Ord. 3785 projected housing needs over the planning period, by income band, consistent with the jurisdiction’s share of countywide housing need, as provided by Commerce. RCW 36.70A.070(2)(a) amended in Element, Conditions and Tables 3 through 5; Volume II, No Completed: ☒ Date: 12/31/2025 Ord. 3785 July 22, 2026 Planning Commission Meeting 52 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 10 July 22, 2026 Planning Commission Meeting 53 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 11 In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Notes including, but not limited to, government-assisted housing, housing for moderate, low, very low, and extremely low-income households, manufactured housing, multifamily housing, group homes, foster care facilities, emergency housing, emergency shelters and permanent supportive housing. RCW 36.70A.070(2)(c) amended in 2021, WAC 365-196-300(4)(f) and WAC 365-196-410(2)(d). See also Chapter 3 of Guidance to Update Your Yes – Housing Element, Tables 4 and 5; Volume II, Appendices A-3 and B-1. No Completed: ☒ Date: 12/31/2025 Ord. 3785 housing needs for all economic segments of the community, including documenting programs and actions needed to achieve housing availability including gaps in local funding, barriers such as development regulations, and other limitations. RCW 36.70A.070(2)(d) amended in 2021, WAC 365-196-010(1)(g)(ii), WAC 365-196-300(4)(f) and WAC 365-196-410(2)(e), and see Chapter 4 of Guidance to Update Your Housing Element (pages Yes – Policies H- 1.1, H-2.2, H-2.5, H- 2.10, H-2.11, and H-5.1 through H- 5.7; Volume II, Appendix B-3. No Completed: ☒ Date: 12/31/2025 Ord. 3785 in racially disparate impacts, displacement and exclusion in housing, including: • Zoning that may have a discriminatory effect; • Disinvestment; and • Infrastructure availability RCW 36.70A.070 (2)(e) new in 2021 and WAC Yes – Volume II, Appendix B-2, Racially Disparate Impacts Background Analysis. No Completed: ☒ Date: 12/31/2025 Ord. 3785 July 22, 2026 Planning Commission Meeting 54 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 12 In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Notes f. Establish policies and regulations to address and begin to undo racially disparate impacts, displacement, and exclusion in housing caused by local policies, plans, and actions. RCW 36.70A.070(2)(f) new in 2021 and WAC 365- Yes – Policies H- 2.6, H-2.9, H-2.10, and H-2.12; Volume II, Appendices B-2 and B-3. No Completed: ☒ Date: 12/31/2025 Ord. 3785 displacement from market forces that occur with changes to zoning development regulations and capital investments. RCW 36.70A.070(2)(g) new in 2021 and WAC 365- 196-410(2)(f) Establish anti-displacement policies, with consideration given to the preservation of historical and cultural communities as well as investments in low, very low, extremely low, and moderate-income housing; equitable development initiatives; inclusionary zoning; community planning requirements; tenant protections; land may be used for affordable housing. RCW 36.70A.070(2)(h) new in 2021 and WAC 365- 196-410(2)(f) See also: Support Materials for Racially Disparate Impacts, Exclusion and Displacement Work Yes – Policies H- 2.6, H-2.9, and H- 2.12; Volume II, Appendix B-2. No Completed: ☒ Date: 12/31/2025 Ord. 3785 July 22, 2026 Planning Commission Meeting 55 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 13 To serve as a check on the practicality of achieving other elements of the plan, covering all capital facilities planned, provided and paid for by public entities including local government and special districts, etc. including green infrastructure, water systems, sanitary sewer systems, storm water facilities, schools, parks and recreational facilities, police and fire protection facilities. Capital expenditures from park and recreation elements, if separate, should be included in the CFP Element. The CFP Element must be consistent with CPPs, and RCW 36.70A.070(3) amended in 2023. Jurisdictions should make a good faith effort to incorporate these items In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes a. Policies or procedures to ensure capital budget decisions are in conformity with the comprehensive plan. RCW 36.70A.120 Yes – Policies CF- CF-1.6. No ☒ Date: 12/31/2025 Ord. 3785 12/17/2024 b. An inventory of existing capital facilities owned by public entities, including green infrastructure. 36.70A.070(3)(a) amended in 2023 and WAC 365- 196-415(1)(a) Facilities Element, Existing Facilities, Capacity, and Volume II, No Completed: ☒ Date: 12/31/2025 Ord. 3785 c. A forecast of needed capital facilities. RCW 36.70A.070(3)(b) and WAC 365-196-415(1)(b) Note: The forecast of future need should be based on projected population, housing and adopted levels of service (LOS) over the planning period. Yes – Policy CF- 1.5; Volume II, Appendix E-1. No Completed: ☒ Date: 12/31/2025 Ord. 3785 d. Proposed locations and capacities of expanded or new capital facilities. RCW 36.70A.070(3)(c) and WAC 365-196-415 (1)(c) and (3)(c) Infrastructure investments should consider equity and plan for any potential displacement impacts. Yes – Volume II, Appendix E-1, including Maps E- through E-3. No Completed: ☒ Date: 12/31/2025 Ord. 3785 e. A six-year plan (at minimum) that will finance such capital facilities within projected funding Yes – Policy CF- 1.6; Volume II, Appendix E-1; No Completed: ☒ Date: 12/31/2025 July 22, 2026 Planning Commission Meeting 56 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 14 RCW 36.70A.070(3)(d), RCW 36.70A.120, WAC 365-196-415(1)(d) Facilities Plan. July 22, 2026 Planning Commission Meeting 57 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 15 In Current Plan? Yes/No If yes, cite section meet current statute? Notes element if probable funding falls short of meeting existing needs. RCW 36.70A.070(3)(e), WAC 365- 196-415(2)(d) Note: park and recreation facilities shall be Yes – Policy CF- 1.1. No Completed: ☐Date: facilities on which money is to be spent. RCW 82.02.050(5) and WAC 365-196-850(3) N/A No Completed: ☐Date: h. Identify and include information about all public entities, including special purpose districts that own capital facilities. RCW 36.70A.070 (3) amended in 2023 Facilities Element, Alternate Facilities Providers; Policy CF-1.4; Volume II, No Completed: ☒ Date: 12/31/2025 Ord. 3785 Consistent with relevant CPPs and RCW 36.70A.070 (4) amended in 2023. Utilities include, but are not limited to: sanitary sewer systems, water lines, fire suppression, electrical, telecommunications and natural gas systems. Jurisdictions should make a good faith effort to incorporate these items to be consistent with the legislation. a. The general location, proposed location and capacity of all existing and proposed utilities, to include telecommunications. RCW 36.70A.070(4)(a) amended in 2023 and WAC 365-196-420 1.1 through U- U-4.1, and U-5.3; Volume II, Appendix E-1, including Maps E- No Completed: ☒ Date: 12/31/2025 Ord. 3785 b. Identify and include information and contact information about all public entities, including special purpose districts that own utility systems. RCW 36.70A.070 (4)(b) new in 2023 Yes No Completed: ☒ Date: 12/31/2025 Ord. 3785 July 22, 2026 Planning Commission Meeting 58 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 16 Consistent with relevant CPPs and RCW 36.70A.070 (6) amended in 2023 by HB 1181. See also the new climate element below for jurisdictional requirements. In Current Plan? Yes/No If yes, cite section meet current statute? Notes a. An inventory of air, water and ground transportation facilities and services, including transit alignments, active transportation facilities, state-owned transportation facilities and general aviation airports. RCW 36.70A.070(6)(a)(iii)(A) amended in 2023 and WAC 365-196-430(2)(c) Yes – Volume II, Appendices D-1, D- 8, and D-9. No Completed: ☒ Date: 12/31/2025 Ord. 3785 b. Adopted multimodal levels of service standards for all locally owned arterials, locally and regionally operated transit routes that serve UGAs, state- owned or operated transit routes that serve urban areas if the department of transportation has facilities to serve as a gauge to judge performance of the system and success in helping to achieve environmental justice. RCW 36.70A.070(6)(a)(iii)(B) and (C) amended in 2023, WAC 365-196-430 Yes – Capital Facilities Element, Table 8; Policy T- 1.5; Volume II, Appendices D-7 through D-9. No Completed: ☒ Date: 12/31/2025 Ord. 3785 c. Identification of specific actions to bring multimodal LOS. RCW 36.70A.070(6)(a)(iii)(D) amended in 2023, WAC 365-196-430 Yes – Volume II, Appendices D-3, D- 6, and D-10. No Completed: ☒ Date: 12/31/2025 Ord. 3785 d. A forecast of multimodal transportation for a minimum of 10 years including land use assumptions used in estimating travel. RCW 36.70A.070(6)(a)(i), RCW 36.70A.070 (6)(a)(iii)(E) amended in 2023, WAC 365-196-430(2)(f) Yes – Volume II, Appendix D-9. No Completed: ☒ Date: 12/31/2025 Ord. 3785 July 22, 2026 Planning Commission Meeting 59 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 17 In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes e. A projection of state and local system needs to equitably meet current and future demand and equitably implement the multimodal network. RCW 36.70A.070(6)(a)(iii)(F) amended in 2023, WAC Yes – Volume II, Appendices D-3, D- 6, and D-10. No Completed: ☒ Date: 12/31/2025 Ord. 3785 f. A transition plan for transportation as required in Title II of ADA. Perform self-evaluations of current facilities and develop a program access plan to address deficiencies and achieve the identification of physical obstacles, establish methods, perform modifications and identify leadership roles. RCW 36.70A.070(6)(a)(iii)(G) new in 2023. Yes – Volume II, Appendix D-9, D- 10, ADA Transition Plan Implementation. No Completed: ☒ Date: 12/31/2025 Ord. 3785 g. An active transportation component to include collaborative efforts to identify and designate planned improvements for active transportation enhanced community access and promote healthy lifestyles. RCW 36.70A.070(6)(a)(vii) amended in 2023, WAC 365-196-430(2)(j) Yes – Policies T- 1.1 through T-1.6; Volume II, Appendices D-2, D- 3, D-6, and D-7. No Completed: ☒ Date: 12/31/2025 Ord. 3785 h. A description of any existing and planned transportation demand management (TDM) strategies, such as HOV lanes or subsidy programs, parking policies, etc. RCW 36.70A.070(6)(a)(vi) and WAC 365-196- 430(2)(i)(i) Yes – Policy T-2.7; Volume II, Appendix D-5. No Completed: ☒ Date: 12/31/2025 Ord. 3785 i. An analysis of future funding capability to judge needs against probable funding resources. RCW 36.70A.070(6)(a)(iv)(A), WAC 365.196- Yes – Volume II, Appendix D-4. No ☒ Date: 12/31/2025 July 22, 2026 Planning Commission Meeting 60 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 18 In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Notes j. A multi-year financing plan based on needs identified in the comprehensive plan, the appropriate parts of which serve as the basis for the 6-year street, road or transit program. RCW 36.70A.070(6)(a)(iv)(B) and RCW 35.77.010, WAC 365-196-430(2)(k)(ii) Appendices D-4 and D-6; annual Capital Facilities Plan and Transportation Improvement No Completed: ☒ Date: 12/31/2025 Ord. 3785 k. If probable funding falls short of meeting identified needs of the transportation system, including state transportation facilities, a discussion of how additional funds will be raised, or how land use assumptions will be reassessed to ensure that LOS standards will be met. RCW 36.70A.070(6)(a)(iv)(C) amended in 2023, WAC 365-196-430(2)(l)(iii) Yes – Policy CF- 1.1; Volume II, Appendices D-4 and D-6. No Completed: ☒ Date: 12/31/2025 Ord. 3785 l. A description of intergovernmental coordination the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions and how it is consistent with the regional transportation plan. RCW 36.70A.070(6) (a)(v); WAC 365-196-430(1)(e) and 430(2)(a)(iii) Yes – Policies T- 5.6 and T-5.8; Volume II, Appendices D-8 and D-9. No Completed: ☒ Date: 12/31/2025 Ord. 3785 July 22, 2026 Planning Commission Meeting 61 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 19 Shoreline For shorelines of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 are added as one of the goals of the Growth Management Act (GMA) as set forth in RCW 36.70A.480. The goals and policies of a shoreline master program for a county or city approved under RCW 90.58 shall be considered an element of the county or city's comprehensive plan. In Current Plan? Yes/No If yes, cite section meet current statute? Notes a. The policies, goals, and provisions of RCW 90.58 and applicable guidelines shall be the sole basis for determining compliance of a shoreline master program with this chapter except as the shoreline master program is required to comply with the internal consistency provisions of RCW 36.70A.070, 36.70A.040(4), 35.63.125, 35A.63.105 36.70A.480 Yes – Conservation Element, Goal C-4; Policy LU-5.11; Shoreline Master Program. No Completed: ☒ Date: 12/31/2025 Ord. 3785 b. Shoreline master programs shall provide a level of protection to critical areas located within shorelines of the state that assures no net loss of shoreline ecological functions necessary to sustain shoreline natural resources as defined by department of ecology guidelines adopted pursuant to RCW 90.58.060. Note: see Ecology’s Shoreline planners’ toolbox for the SMP Checklist and other resources. Yes – Conservation Element, Goal C-4; Shoreline Master Program. No Completed: ☒ Date: 12/31/2025 Ord. 3785 c. Shorelines of the state shall not be considered critical areas under this chapter except to the extent that specific areas located within shorelines of the state qualify for critical area designation based on the definition of critical areas provided by RCW 36.70A.030(5) and have been designated as such by a local government pursuant to RCW 36.70A.060(2) Yes – Shoreline Master Program; Chapter 15.08 PAMC; Chapters 15.20 and 15.24 PAMC. No Completed: ☒ Date: 12/31/2025 Ord. 3785 July 22, 2026 Planning Commission Meeting 62 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 20 In Current Plan? Yes/No If yes, cite section meet current statute? Notes d. If a local jurisdiction's master program does not include land necessary for buffers for critical areas that occur within shorelines of the state, as authorized by RCW 90.58.030(2)(f), then the local jurisdiction shall continue to regulate those critical areas and their required buffers pursuant to RCW 36.70A.060(2). Yes – Shoreline Master Program; Chapters 15.20 and 15.24 PAMC. No Completed: ☐Date: Consistent with countywide planning policies (CPPs) and RCW 36.70A.200, amended in 2021. This section can be included in the Capital Facilities Element, Land Use Element or in its own element. Sometimes the identification and siting process for EPFs are part of CPPs. a. A process or criteria for identifying and siting essential public facilities (EPFs). RCW 36.70A.200 and WAC 365-196-550(1) Notes: RCW 36.70A.200, amended 2021 reentry and rehabilitation facilities. EPFs are defined in RCW 36.70A.200. Regional transit authority facilities are included in the list of essential public facilities. Yes, Land Use Element and Appendix A-4 No Completed: ☐Date: b. Policies or procedures that ensure the comprehensive plan does not preclude the siting of EPFs. RCW 36.70A.200(5) Note: If the EPF siting process is in the CPPs, this policy may be contained in the comprehensive plan as well. WAC 365-196-550(3) Yes, Land Use Element and Appendix A-4 No Completed: ☐Date: July 22, 2026 Planning Commission Meeting 63 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 21 A federally recognized Indian tribe may voluntarily choose (opt-in) to participate in the local and regional planning processes. See Commerce’s new Tribal Planning Coordination for GMA webpage for guidance and staff contacts. See also the Governor’s Office of Indian Affairs map of federally recognized tribes of Washington State. In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Notes a. Mutually agreeable memorandum of agreement collaboration and participation in the planning process unless otherwise agreed at the end of a mediation period. RCW 36.70A.040(8)(a) new in 2022, RCW 36.70A.190 new in 2022 No No No notice of Tribal resolution has been received. Completed: ☐Date: b. Port elements, if adopted, are developed collaboratively between the city, the applicable port and the applicable tribe(s), which shall comply with RCW 36.70A.040(8). RCW 36.70A.085 amended in 2022 N/A No No Port Element is adopted. Completed: ☐Date: c. Urban Growth Areas: counties and cities coordinate planning efforts for any areas planned for urban growth with applicable tribe(s). RCW 36.70A.110(1) amended 2022, RCW Yes – Policies LU- 1.11A, LU-1.11B, LU-1.12, LU-7.14, and LU-7.15. No Completed: ☐Date: July 22, 2026 Planning Commission Meeting 64 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 22 RCW 36.70A.070 and RCW 36.70A.095 (Refer to HB 1181, Laws 2023). Starting with periodic updates due in 2025, a climate element (chapter) must be designed to reduce greenhouse gas (GHG) emissions and vehicle miles traveled (VMT), and plan for resiliency and support environmental justice. A climate element can take the form of a single comprehensive plan chapter or be integrated into several chapters, such as housing, transportation and land use. Per RCW 36.70A.070 (9)(d)(ii), GHG reduction goals, policies and programs not specifically identified in the guidelines must be based on scientifically credible projections and scenarios likely to result in equivalent harm avoidance, GHG emission reductions, and/or per capita VMT reductions. The climate element is composed of two subelements, the resiliency subelement and greenhouse gas emissions reduction subelement. All fully-planning jurisdictions must have a resiliency subelement. In addition, the following 11 counties and their cities with a population greater than 6,000 as of April 1, 2021 must have a greenhouse gas (GHG) emissions reduction subelement: • Benton Kitsap Spokane • Clark Pierce Thurston • Franklin Skagit Whatcom • King • Resiliency Subelement (a.–d. required for all fully planning jurisdictions) In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes a. Specific goals, policies and programs that identify, protect and enhance natural areas to foster resiliency to climate impacts, as well as areas of vital habitat for safe passage and species migration. RCW 36.70A.070(9) and HM- HM-1.1 through HM-1.6 and HM- 4.1 through HM- 4.5; Conservation Element, Goals C- No Completed: ☐Date: b. Specific goals, policies and programs that identify, protect and enhance community resiliency to climate change impacts, including social, economic and built environment factors that support adaptation to climate impacts Yes – Goals HM-2, HM-5, and HM-7; Policies HM-5.1 through HM-5.5 and HM-7.1 through HM-7.3. No Completed: ☐Date: July 22, 2026 Planning Commission Meeting 65 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 23 In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Notes c. Specific goals, policies and programs that address climate change, including sea level rise, landslides, flooding, drought, heat, smoke, wildfire and other effects of changes to temperature and precipitation patterns. RCW 36.70A.070(9) Note: include a goal and supportive policy for each climate-exacerbated hazard that is relevant to your jurisdiction. Yes – Goal HM-5; Policies HM-5.1 through HM-5.5 and CF- CF-7.10. No Completed: ☐Date: d. Prioritize actions (pursuant to a-c) that benefit overburdened communities that will disproportionately suffer from compounding environmental impacts and will be most impacted by natural hazards due to climate change. RCW 36.70A.070(9) Note: Commerce recommends that the jurisdiction document their efforts and engagement activities with overburdened communities to identify actions that benefit them and include it as an appendix to the record. Yes – Goal HM-7; Policies HM-7.1 through HM-7.3 and LU-2.11. No Completed: ☐Date: July 22, 2026 Planning Commission Meeting 66 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 24 Greenhouse Gas (GHG) Emissions Reduction Subelement (e.– i. only required for jurisdictions listed above, specified in RCW 36.70A.095) In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Notes e. Greenhouse gas emissions reduction subelements must include goals and policies to reduce emissions and per capita vehicle miles traveled. RCW 36.70A.020(14) new in 2023 Note: Commerce recommends that jurisdictions use 2022 as a baseline year for their GHG inventories and set incremental targets that lead to achieving Washington’s economy-wide target of net zero emissions in 2050 set forth in RCW 70A.45.020(1). Commerce also recommends that jurisdictions should, at a minimum, include goals and policies within the following sectors: Transportation; Buildings & Energy; and, Zoning & Yes – Goal T-1; Policies T-2.1 through T-2.7 No Completed: ☐Date: f. Identified actions that the jurisdiction will take during the planning cycle that will result in reductions in overall GHG emissions generated by transportation within the jurisdiction. RCW 36.70A.070(9) Yes – Goal T-1; Policies T-2.1 through T-2.7 No Completed: ☐Date: g. Identified actions that the jurisdiction will take during the planning cycle that will result in reductions in overall GHG emissions generated by land use within the jurisdiction. RCW 36.70A.070(9)(d) Yes – Goal T-1; Policies T-2.1 through T-2.7 No Completed: ☐Date: July 22, 2026 Planning Commission Meeting 67 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 25 h. Identified actions that the jurisdiction will take during the planning cycle that will result in reductions in per capita vehicle miles traveled (VMT) within the jurisdiction. RCW 36.70A.070(9)(d) Yes – Goal T-1; Policies T-2.1 through T-2.7 No Completed: ☐Date: In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Notes i. Prioritize GHG and VMT reductions that benefit overburdened communities in order to maximize the co-benefits of reduced air pollution and environmental justice. RCW 36.70A.070(9) Note: Commerce recommends that the jurisdiction document their engagement activities with overburdened communities to identify GHG it as an appendix to the record. Yes – Goal T-4, Policy T-4.3 No Adopted as an optional Element. Clallam County does not meet the applicability criteria in RCW 36.70A.095(1). Completed: ☐Date: July 22, 2026 Planning Commission Meeting 68 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 26 Future required elements: pending state funding As of 2022, these elements have not received state funding to aid local jurisdictions in implementation. Therefore, these elements are not required to be added to comprehensive plans at this time. Commerce encourages jurisdictions to begin planning for these elements, pending the future mandate. In Current Plan? Yes/No If yes, cite section Notes Economic Development Although included in RCW 36.70A.070 “mandatory currently required because funding was not provided to assist in developing local elements provisions for economic growth, vitality, and a high quality of life are important, and supporting strategies should be integrated with the land use, housing, utilities, and transportation elements. RCW 36.70A.070(7) amended in 2017 Yes – Economic Development Element, Goals ED-1 through ED- 6. Completed: ☐Date: Parks and Recreation Implements and is consistent with the capital facilities plan. Include a ten-year demand estimate, evaluation of service and facilities needs and evaluation of tree canopy coverage within UGAs. RCW 36.70A.070(8) amended in 2023 Although included in RCW 36.70A.070 “mandatory elements” a parks and recreation element is not currently required because the state did not provide funding to assist in developing local elements when this provision was added to the GMA. However, parks, recreation and open space planning are GMA goals, and it is important to plan for and fund these facilities. Yes – Parks, Recreation, and Open Space Element; Goals PR-1 through PR- 3; Volume II, Appendix E-1. Completed: ☐Date: July 22, 2026 Planning Commission Meeting 69 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 27 Optional Elements Pursuant to RCW 36.70A.080, a comprehensive plan may include additional elements, items, or studies dealing with other subjects relating to the physical development within its jurisdiction, including, but not limited to: In Current Plan? Yes/No If yes, cite section Notes Sub-Area Plans Goal 2, Policies LU- Completed: ☐Date: Conservation Conservation Element, Goals C- Completed: ☐Date: Recreation Recreation, and Open Space Completed: ☐Date: Solar Energy 2.1 through U-2.4 Completed: ☐Date: July 22, 2026 Planning Commission Meeting 70 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 28 Consistency is required by the GMA In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes a. All plan elements must be consistent with each other and the GMA. RCW 36.70A.070 (preamble), 100, and 210, WAC 365-196-305, 400(2)(c), 500, 510 and 520 Yes – Policies CF- 1.2 and LU-7.14. No Completed: ☐Date: b. All plan elements must be consistent with each other. RCW 36.70A.070 (preamble) and WAC 365- 196-500 Yes – Policies LU- 1.3, CF-1.2, and U- 1.2. No Completed: ☐Date: c. The plan must be coordinated with the plans of adjacent jurisdictions. RCW 36.70A.100 and WAC 365-196-520 Yes – Policies LU- 7.5, LU-7.7, LU- 7.14, and T-5.6. No Completed: ☐Date: Public Participation a. Plan ensures public participation in the comprehensive planning process. RCW 36.70A.020(11), .035, and .140, WAC 365- 196-410(2)(f)(i)(A) and (B) and WAC 365-196- 600(3) provides possible public participation choices. Yes – Vision and Plan Introduction, Public Engagement. No Completed: ☐Date: b. If the process for making amendments is included in the comprehensive plan: • The plan provides that amendments are to be considered no more often than once a year, not including the exceptions described in RCW 36.70A.130(2), WAC365-196-640 • The plan sets out a procedure for adopting emergency amendments and defines emergency. RCW 36.70A.130(2)(b) and RCW Yes - Section 18.04.040 PAMC. Yes 18.04.045 To be adopted August 18, 2026 Completed: ☐Date: July 22, 2026 Planning Commission Meeting 71 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 29 Consistency is required by the GMA In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes c. Plan or program for monitoring how well comprehensive plan policies, development regulations, and other implementation techniques are achieving the comp plan’s goals and the goals of the GMA. WAC 365-196-660 discusses a potential review of growth management implementation on a systematic basis. 2021-2022 legislation HB 1241 provides that those jurisdictions with a periodic update due in 2024 have until December 31, 2024 to submit. This cycle to every ten years after the 2024-2027 cycle. Jurisdictions that meet the new criteria described in RCW 36.70A.130(9) will be required to submit an implementation progress report years after the review and revision of their comprehensive plan. Yes – Policy LU- 7.4; Vision and Plan Introduction, Comprehensive Plan Periodic Updates. No Completed: ☐Date: d. Considerations for preserving property rights. Local governments must evaluate proposed regulatory or administrative actions to assure that such actions do not result in an unconstitutional taking of private property. RCW 36.70A.370. For further guidance see the 2018 Advisory Memo on the Unconstitutional Taking of Private Property Yes – Policy LU- 7.3. No Completed: ☐Date: e. Encourage the involvement of citizens in the planning process, including the participation of vulnerable populations and overburdened communities, and ensure coordination between Policies HM-7.1 through HM-7.3 and LU- No Completed: ☐Date: July 22, 2026 Planning Commission Meeting 72 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 30 Consistency is required by the GMA conflicts. HB 1181 (2023) revised RCW 36.70A.020 Planning Goals for inclusion of vulnerable populations and overburdened communities. RCW 36.70A.035 Public Participation was not amended under HB 1181. Public Engagement. Section II: Development Regulations Must be consistent with and implement the comprehensive plan. RCW 36.70A.040, WAC 365-196-800 and 810 Critical Areas Regulations protecting critical areas are required by RCW 36.70A.060(2), RCW 36.70A.172(1), WAC 365-190-080 and WAC 365-195-900 through 925. Please visit Commerce’s Critical Areas webpage for resources and to complete the Critical Areas Checklist. Critical areas regulations must be reviewed and updated, as necessary, to incorporate legislative changes and best available science. Jurisdictions using periodic update grant funds to update critical areas regulations must submit the critical areas checklist as a first deliverable, in addition to this periodic update checklist. Zoning Code Note: Please review the new 2025 housing laws in the Washington State Housing Laws of 2019 through 2025 guidance on Commerce’s Planning for Housing webpage. For a personalized list of housing requirements applicable to your jurisdiction, see the Housing Planning Requirements Tool, which can be downloaded here: Housing Planning Requirements Tool. July 22, 2026 Planning Commission Meeting 73 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 31 In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes a. Zoning designations are consistent and implement land use designations that accommodate future housing needs by income bracket as allocated through the countywide planning process. (RCW 36.70A.070(2)(c) - amended in 2021 and RCW 36.70A.115 Note: Zoning must reflect sufficient land capacity for all income housing needs, including emergency housing and permanent supportive housing. Yes– Sections 17.01.010(A), 17.01.010(N), 17.03.020, 18.02.150(A)(2), 18.04.005, 18.04.020, and 18.04.150 PAMC. No current low-income capacity deficit; Completed: ☒Date: 12/22/2025 b. Permanent supportive housing and transitional housing must be allowed where residences and hotels are allowed. Any limitations on occupancy, spacing or intensity of use must be connected to public health and safety of units and beds necessary to meet projected housing needs. RCW 35A.21.430 new in 2021, RCW 35.21.683 new in 2021 (HB 1220) “permanent supportive housing” is defined in RCW 36.70A.030(33); “transitional housing” is defined in RCW 84.36.043(3)(c) For more information about housing regulatory changes regarding emergency shelters, transitional housing, emergency housing and permanent supportive housing (STEP) see STEP Checklist on the Updating GMA Housing Elements webpage. (Housing Element Book 2, (pages 43-50) and STEP Model Ordinance, User Guide and Best Practices Report (pages 27-28) Yes - Sections 17.08.085(D), 17.08.100(J), 17.20.020, 18.02.050, and 18.02.250 PAMC. Yes 17.10.020, 17.11.020, 17.12.020, 17.14.020, 17.15.020, 17.20.030 To be adopted August 18, 2026 Completed: ☐Date: c. Indoor emergency shelters and indoor emergency housing must be allowed in any zones in which hotels are allowed, except in cities that have adopted an ordinance authorizing indoor emergency shelters and indoor emergency housing in a majority of zones within one mile of transit. Any limitations on emergency housing and emergency shelter must be connected to public health and safety and allow the siting of a sufficient number of units and beds necessary to meet projected needs. RCW 35A.21.430 new in 2021, RCW 35.21.683, new in 2021 Yes – Sections 17.08.030(B), 17.08.030(C), and 17.20.020 PAMC. No Completed: ☒Date: Ord.3728 3/5/2024 Ord. 3180 12/17/2004 July 22, 2026 Planning Commission Meeting 74 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 32 In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes “emergency housing” is defined in RCW 36.70A.030(15); “emergency shelter” is defined in RCW 36.70A.030(16) (Housing Element Book 2 (pages 43-50) and STEP Model Ordinance, User Guide and Best Practices Report (pages 27-28) d. The number of unrelated persons that occupy a household or dwelling unit except as provided in state law, for short-term rentals, or occupant load per square foot shall not be regulated or limited by cities. (HB 5235) RCW 35.21.682 new in 2021, RCW 35A.21.314 new in 2022 Yes – Section 17.08.045(D) PAMC.No Completed: ☒Date: Ord.3710 3/21/2023 e. May not require off-street parking as a condition of permitting the following types of residential projects: affordable housing, new construction or the retrofit of existing buildings meeting passive house requirements, modular construction, or mass timber construction. RCW 36.70A.817 (new in 2025) Due: The sooner of six months after the next periodic update or six months after the next 5-year implementation progress report. No Yes 14.40.032, 14.40.034 To be adopted August 18, 2026 Completed: ☐Date: f. Parking requirements must allow tandem, gravel or grass pavers and new spaces must be at least 8 by 20 feet in size. Existing and non-conforming parking must be allowed to meet parking requirements for up to six spaces. RCW 36.70A.622, new in 2024. See Residential Parking Checklist for more parking details. No Yes 14.40.020 To be adopted August 18, 2026 Completed: ☐Date: g. Family day care providers are allowed in all residential dwellings located in areas zoned for residential or commercial RCW 36.70A.450. Review RCW 43.216.010 for definition of family day care provider and WAC 365-196-865 for more information. No No 17.12.020, 17.14.020, 17.15.020, 17.20.030 Completed: ☐Date: July 22, 2026 Planning Commission Meeting 75 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 33 In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes h. New in 2025, ESSB 5509: cities, towns and code cities must allow childcare centers outright (permitted without special review and approval) in all zones except industrial zones, light industrial zones and open space zones (jurisdictions may require conditional use permits in industrial and light industrial). Due: June 30, 2027, for cities with periodic updates due June 30, 2027. Other cities are due July 27, 2027. No Yes 17.08.020.C, 17.10.020, 17.11.020, 17.12.020, 17.14.020, 17.15.020, 17.20.030 To be adopted August 18, 2026 Completed: ☐Date: i. Manufactured housing is regulated the same as site built housing. RCW 35.21.684 amended in 2019, RCW 35.63.160, RCW 35A.21.312 amended in 2019 and RCW 36.01.225 amended in 2019. A local government may require that manufactured homes: with local design standards applicable to other homes in the neighborhood but may not discriminate against consumer choice in housing. Yes, Title 17 No Completed: ☒Date: Ord. 3734, 9/17/2024 j. Two accessory dwelling units (ADUs) must be allowed on all residential lots that allow single family homes within an urban growth area, with some limitations. See Commerce’s ADU webpage for more information. RCW 36.70A.680 and RCW 36.70A.681 (new in 2023) Use the ADU checklist on the ADU webpage to review local regulations and update consistent with state statute. Any conflicting rules will be preempted by state statute on the due date of the periodic update. Yes, Title 17 and 14 No Completed: ☒Date: Ord. 3718 8/15/2023 k. If subject to middle housing requirements use the Middle Housing Checklist to review and update code requirements prior to deadline. RCW 36.70A.635, new in 2023 Any conflicting rules will be preempted by state statute on the due date of the periodic update. Yes No Port Angeles population is not yet >25,000, but has still enacted this requirement. Completed: ☐Date: July 22, 2026 Planning Commission Meeting 76 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 34 In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes Model Ordinances: there are two model ordinances based on city population size. Additional resources are available for preempted cities, including a building permit review checklist. See the Middle Housing webpage for more information and guidance documents. l. Co-living must be allowed as a permitted use on any lot located within an urban growth area that allows at least six multifamily residential units, including on a lot zoned for mixed use development. RCW 36.70A.535, new in 2024 contains specific standards for size, density calculations, connection fees and parking. Must be adopted by December 31, 2025 Note: see new Co-living Checklist and guidance on the middle housing webpage. Yes, Titles 17 and 14 No Completed: ☒Date: Ord. 3761 12/31/2025 m. Residential structures occupied by persons with handicaps, and group care for children that meets the definition of “familial status” are regulated the same as a similar residential structure occupied by a family or other unrelated individuals. No city or county planning under the GMA may enact or maintain ordinances, development regulations, or administrative practices which treat a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. RCW 36.70A.410, RCW 70.128.140 and 150, RCW 49.60.222-225 and WAC 365-196-860 Yes, Title 17 No Completed: ☒ Date: Ord. 3728 3/5/2024 n. Affordable housing programs enacted or expanded under RCW 36.70A.540 amended in 2022 comply with the requirements of this section. Examples of such programs may include: density bonuses within urban growth areas, height and bulk bonuses, fee waivers or exemptions, parking reductions, expedited permitting conditioned on provision of low-income housing units, or mixed- use projects. WAC 365-196-300 Yes, Titles 17 and 13 No Completed: ☒Date: Ord. 3785 12/31/2025 July 22, 2026 Planning Commission Meeting 77 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 35 In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes o. Only certain regulations may be placed on outdoor encampments, safe parking efforts, indoor overnight shelters and temporary small houses on property owned or controlled by a religious organization. RCW 35.21.915 and RCW 35A.21.360, amended in 2020 Yes No No current regulations on outdoor sanitation codes. Completed: ☐Date: p. Allow an increased density bonus consistent with local needs for any affordable housing development of any single-family or multi- family residence located on real property owned or controlled by a religious organization. RCW 36.70A.545, new in 2019. Yes Yes Ord. 3728, 3/5/2024 Ord. 3710, 3/21/2023 Completed: ☐Date: q. Reduce restrictions for additional housing units within existing commercial, mixed-use and multi-family buildings by exempting the added units from density limits, parking and other regulatory requirements. RCW 35A.21.440, new in 2023 and RCW 35.21.990, new in 2023, (HB 1042) updated in 2025 by HB 1757 Yes Yes Ord. 3618, 2/5/2019 17.16 – New chapter To be adopted August 18, 2026 Completed: ☐Date: r. Retrofits of existing buildings to be used for residential housing must be allowed to project into required setbacks and exceed necessary insulation. Gross floor area must be measured fr interior face of the exterior walls. RCW 36.70A.810, new in 2025. Due: The sooner of six months after the next periodic update or six months after the next 5-year implementation progress report. No Yes 17.08.090, 17.10.050, 17.11.050, 17.12.050, 17.14.050, 17.15.050, 17.20.040 To be adopted August 18, 2026 Completed: ☐Date: s. May not require façade modulation or upper-level setbacks as a condition of permitting the following types of residential projects: affordable housing, new construction or retrofit of existing buildings meeting passive house requirements, conversion of existing buildings to housing or mixed-use development that includes housing, modular construction, or mass timber construction. RCW 36.70A.815, new in 2025 No Yes 17.22.100 To be adopted August 18, 2026 Completed: ☐Date: July 22, 2026 Planning Commission Meeting 78 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 36 In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes The sooner of six months after the next periodic update or six months after the next 5-year implementation progress report housing development that are different than the requirements imposed on housing developments generally. RCW 36.130.020 (2008) Yes No No regulation necessary Completed: ☐Date: u. May not require unit sizes for affordable housing units for low- income or very low- studio unit, 550 sq. ft. for a one-bedroom unit, 750 sq. ft. for a two-bedroom unit, and 1,000 sq. ft. for a three-bedroom unit. If the average unit size in the project is smaller than the size requirements in this section, in which case the city must allow the affordable housing units to be of a comparable size as the market rate units. RCW 36.70A.819, new in 2025 Due: The sooner of six months after the next periodic update or six months after the next 5-year implementation progress report Yes No No regulation necessary, minimum unit size not required. Completed: ☐Date: v. New construction or retrofits of existing buildings for residential housing and for buildings meeting passive house requirements must be allowed to project into required setbacks and exceed necessary insulation interior face of the exterior walls. RCW 36.70A.810 and .812, new in 2025 Due: The sooner of six months after the next periodic update or six months after the next 5-year implementation progress report Yes Yes 17.10.050, 17.11.050, 17.12.050, 17.14.050, 17.15.050, 17.20.040 Completed: ☒ Date: Ord. 3728 3/5/2024 July 22, 2026 Planning Commission Meeting 79 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 37 In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes w. Must allow a building to exceed maximum roof height limits by at least 48 inches to accommodate a roof-mounted solar energy panel. RCW 36.70A.813, new in 2025. Due: The sooner of six months after the next periodic update or six months after the next 5-year implementation progress report. Yes Yes 17.10.050, 17.11.050, 17.12.050, 17.14.050, 17.15.050, 17.20.040 Completed: ☒ Date: Ord. 3785 12/31/2025 x. Implement comprehensive plan and adequate provisions for all economic segments in the development regulations with the periodic update. RCW 36.70A.130(1)(a) and (5)(a), RCW 36.70A.070(2)(d) and recent case law (Futurewise, Kian Bradley, and Trevor Reed v. City of Mercer Island, 2025, p. 41). Yes No ☒Date: 12/31/2025 Ord. 3759 y. Regulations discourage incompatible uses around general aviation airports. RCW 36.70.547 and WAC 365-196-455. Incompatible uses include: high population intensity uses such as schools, community centers, tall structures, and hazardous wildlife attractants such as solid waste disposal sites, wastewater or stormwater treatment facilities, or stockyards. For more guidance, see WSDOT’s Aviation Land Use Compatibility Program. Yes – Sections 17.30.020, 17.32.010, and 17.32.020 PAMC. No Completed: ☒Date: Ord. 3728, 3/5/2024; Ord. 3710, 3577, 3/21/2017 z. If a U.S. Department of Defense (DOD) military base employing 100 or more personnel is within or adjacent to the jurisdiction, zoning should discourage the siting of incompatible uses adjacent to military base. RCW 36.70A.530(3) and WAC 365-196- 475. Visit Military One Source to locate any bases in your area the commander of the base regarding amendments to the comprehensive plan and development regulations on lands adjacent to the base. Yes - Plan Policy LU-5.10 No 14 USC 103; The Coast Guard Air Station/Sector Field Office located on Ediz Hook, falls under the Department of Homeland Security the Navy Completed: ☒ Date: Ord. 3758, 12/31/2025 aa. Electric vehicle infrastructure (jurisdiction specified: adjacent to Interstates 5, 90, 405 or state route 520 and other criteria) must Yes No Not applicable. Completed: ☐Date: July 22, 2026 Planning Commission Meeting 80 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 38 In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes be allowed as a use in all areas except those zoned for residential, resource use or critical areas. RCW 36.70A.695 Shoreline Master Program Consistent with RCW 90.58 Shoreline Management Act of 1971 In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes a. Zoning designations are consistent with Shoreline Master Program (SMP) environmental designations. RCW 36.70A.480 17.03.020 PAMC; Chapter 15.08 PAMC. No Completed: ☐Date: b. If updated to meet RCW 36.70A.480 (2010), SMP regulations provide protection to critical areas in shorelines that is at least equal to the protection provided to critical areas by the critical areas ordinance. RCW 36.70A.480(4) and RCW 90.58.090(4) See Ecology’s shoreline planners’ toolbox for the SMP Checklist and other resources and Shoreline Master Programs Handbook webpage Yes – Chapter 15.08 PAMC; Shoreline Master B; Chapters 15.20 and 15.24 PAMC. No Completed: ☐Date: July 22, 2026 Planning Commission Meeting 81 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 39 Resource Lands Defined in RCW 36.70A.030(3), (12) and (17) and consistent with RCW 36.70A.060 and RCW 36.70A.170. Many cities do not have designated resource lands, and these items may not apply. In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes a. Zoning is consistent with natural resource lands designations in the comprehensive plan and conserves natural resource lands. RCW 36.70A.060(3), WAC 365-196-815 and WAC 365- 190-020(6). Consider innovative zoning techniques to conserve agricultural lands of long- term significance RCW 36.70A.177(2). See also WAC 365-196-815(3) for examples of innovative zoning techniques. No No No natural resource lands besides environmentally sensitive areas Completed: N/A Date: b. Regulations to assure that use of lands adjacent to natural resource lands does not interfere with natural resource production. RCW 36.70A.060(1)(a) and WAC 365-190-040 Regulations require notice on all development permits and plats within 500 feet of designated natural resource lands that the property is within or near a designated natural resource land on which a variety of commercial activities may occur that are regulations to implement comprehensive plan. No No No natural resource lands Completed: N/A Date: c. For designated agricultural land, regulations encourage nonagricultural uses to be limited to lands with poor soils or otherwise not suitable for agricultural purposes. Accessory uses should be located, designed and operated to support the continuation of agricultural uses. RCW 36.70A.177(3)(b) No No No identified ag lands Completed: N/A Date: d. Designate mineral lands and associated regulations as required by RCW 36.70A.131and WAC 365-190-040(5). For more information review the WA State Dept. of Natural Resources (DNR)’s Geology Division site No No No identified mineral lands Completed: N/A Date: July 22, 2026 Planning Commission Meeting 82 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 40 July 22, 2026 Planning Commission Meeting 83 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 41 Regulations for siting essential public facilities should be consistent with RCW 36.70A.200 and consider WAC 365-196-550. Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities, state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes Regulations for CPPs include a process for siting EPFs and ensure EPFs are not precluded. RCW 36.70A.200 amended in 2023, WAC 365-196-550(6) lists process for siting EPFs. WAC 365-196-550(3) details preclusions. EPFs should be located outside of known hazardous areas. Visit Commerce’s Behavioral Health Facilities Program page for information on establishing or expanding new capacity for behavioral health EPFs. Note: RCW 36.70A.200 amended 2023 by SB 5536 to include EPFs for opioid treatment programs Yes Yes 17.08.030, 17.10.040,17.11.040, 17.12.040, 17.14.040, 17.20.020, 17.32.040, 17.33.040 Completed: ☒ Date: Ord. 3758 12/31/2025 Subdivision Code a. Subdivision regulations are consistent with and implement comprehensive plan policies. RCW 36.70A.030(8), RCW 36.70A.040(4) 16.04.010, 16.04.090(E), 16.08.010, 16.08.060(A), 18.04.020, and No Completed: ☒Date: Ord. 3688, 12/21/2021; Ord. 3122, 9/27/2002 b. Written findings to approve subdivisions establish adequacy of public facilities. RCW 58.17.110 amended in 2018 • Streets or roads, sidewalks, alleys, other public ways, transit stops, and other features that assure safe walking conditions for students. • Potable water supplies, sanitary wastes, and drainage ways. RCW 36.70A.590 amended 2018 • Open spaces, parks and recreation, and playgrounds • Yes – Sections 16.04.070(A)(2), 16.04.090(A) through (D), 16.04.140(A) through (F), 16.08.060(A), 16.08.070(B) through (E), and 18.08.030 through 18.08.120 PAMC. No Completed: ☒ Date: Ord. 3688, 12/21/2021; Ord. 3571, 12/20/2016 Ord. 3122, 9/27/2002 July 22, 2026 Planning Commission Meeting 84 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 42 Other items related to the public health, safety and general welfare, WAC 365-196-820(1). In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes c. Preliminary subdivision approvals under RCW 58.17.140 and RCW 58.17.170 are valid for a period of five or seven years (previously five years). Note: preliminary plat approval is valid for: seven years if the date of preliminary plat approval is on or before December 31, 2014; five years if the preliminary plat approval is issued on or after January 1, 2015; and ten years if the project is located within city limits, not subject to the shoreline management act, and the preliminary plat is approved on or before December 31, 2007. Yes – Sections 16.04.130, 16.08.050, 16.09.080, 16.10.080, and 18.02.200 PAMC. No Completed: ☒ Date: Ord. 3688, 12/21/2021; Ord. 3742, 12/17/2024; Ord. 3003, 12/25/1998. d. Short plat regulations include procedures for unit lot subdivisions allowing division of a parent lot into separately owned unit lots. RCW 58.17.060(3) new in 2023 by SB 5258 - section 11, updated in 2025 by SB 5559. Due by June 30, 2027 Yes No Completed: ☒ Date: Ord. 3742, 12/17/2024; Ord. 3688, 12/21/2021. e. Regulations allow for lot splitting with concurrent building permit. RCW 58.17.145, new in 2025 (HB 1096), see also Unit Lot Subdivision Fact Sheet 2024-1025 Public Draft Due by June 30, 2027 Yes- Policy H-3.2 Yes Completed: ☒ Date: 3759, 12/31/2025 July 22, 2026 Planning Commission Meeting 85 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 43 Stormwater In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes a. Regulations protect water quality and implement actions to mitigate or cleanse drainage, flooding, and storm water run-off that pollute waters of the state, including Puget Sound or waters entering Puget Sound. RCW 36.70A.070(1) Regulations may include: adoption of a stormwater manual consistent with Ecology’s latest manual for Eastern or Western Washington, adoption of a clearing and grading ordinance –See 2005 Technical Guidance Document for Clearing and Grading in Western Washington. See Puget Sound Partnership’s 2012 Low Impact Development guidance and Ecology’s 2013 Eastern Washington Low Impact Development guidance. Additional Resources: Federal Grants to Protect Puget Sound Watersheds, Building Cities in the Rain, Ecology Stormwater Manuals, Puget Sound Partnership Action Agenda Yes – Sections 13.63.130, 13.63.180, and 13.63.190 PAMC; Chapter 15.28 PAMC. No Completed: ☐Date: b. Provisions for corrective action for failing septic systems that pollute waters of the state. RCW 36.70A.070(1). See also: DOH Wastewater Management, Ecology On-Site Sewage System Projects & Funding Completed: ☐Date: July 22, 2026 Planning Commission Meeting 86 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 44 Organic Materials Management Facilities New in 2022, HB 1799 added a section to the GMA aimed at reducing the volumes of organic materials collected in conjunction with other solid waste and delivered to landfills, supporting productive uses of organic material waste and reduction of methane gas (a greenhouse gas). In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes New section RCW 36.70A.142; new in 2022 legislation HB 1799: Development regulations newly developed, updated, or amended after January 1, 2025 allow for the siting of organic materials (OM) management facilities as identified in local solid waste management plans (SWMP) to meet OM reduction and diversion goals. Siting to meet criteria described in RCW 70A.205.040(3) See also RCW 36.70.330. For applicability, see RCW 70A.205.540 No Yes Completed: ☐Date: Impact Fees May impose impact fees on development activity as part of the financing for public facilities, provided that the financing for system improvements to serve new development must provide for a balance between impact fees and other sources of public funds; cannot rely solely on impact fees. a. If adopted, impact fees are applied consistent with RCW 82.02.050 amended in 2015, .070, .080, .090 amended in 2018 and .100. Note: Impact fee requirements under RCW 82.02.060 (amended in 2023 by SB 5258) must take effect no later than six months after the jurisdiction’s next periodic update. WAC 365-196-850 provides guidance on how impact fees should be implemented and spent. Completed: ☐Date: b. Jurisdictions collecting impact fees must adopt and maintain a system for the deferred collection of impact fees for single-family detached and attached residential construction, consistent with RCW 82.02.050(3) amended in 2016 Completed: ☐Date: July 22, 2026 Planning Commission Meeting 87 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 45 In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes c. If adopted, exemptions on impact fees for early learning facilities must be consistent with RCW 82.02.060 amended in 2021. Yes No No impact fees in place Completed: ☐Date: d. If adopted, exemption of impact fees for low- income and emergency housing development must be consistent with RCW 82.02.060 amended in 2023. See also definition change in RCW 82.02.090(1)(b) amended in 2018 Yes No No impact fees in place Completed: ☐Date: e. Ensure impact fees are not assessed on the construction of accessory dwelling units that are greater than 50 percent (50%) of the impact fees that would be imposed on the principal unit. RCW 36.70A.681 new in 2023 by HB 1337 Yes No No impact fees in place Completed: ☐Date: f. The schedule of impact fees reflects the proportionate impact of new housing units, including multifamily and condominium units, based on the square footage, number of bedrooms, or trips generated, in the housing unit in order to produce a proportionally lower impact fee for smaller housing units. RCW 82.02.060 amended in 2023 by SB 5258 Yes No No impact fees in place Completed: ☐Date: Concurrency and Transportation Demand Management (TDM) Ensures consistency in land use approval and the development of adequate public facilities as plans are implemented, maximizes the efficiency of existing transportation systems, limits the impacts of traffic and reduces pollution. a. The transportation concurrency requirement includes specific language that prohibits development when level of service standards for transportation facilities cannot be met. RCW 36.70A.070(6)(b) amended in 2023, WAC 365- 196-840. es 14.40.050 PAMC; 2025 Comprehensive Plan Volume I, Transportation Element. Completed: ☐Date: Ord. 3759 12/31/2025 July 22, 2026 Planning Commission Meeting 88 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 46 Note: but may also be applied to park facilities, etc. In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes b. Measures exist to bring into compliance locally owned, or locally or regionally operated, transportation facilities or services that are below the levels of service established in the comprehensive plan. and (D), RCW 36.70A.070(6)(b) amended in 2023 Levels of service can be established for automobiles, pedestrians and bicycles. See WAC 365-196-840(3) on establishing an appropriate level of service. 18.04.070 PAMC; Volume II, Appendix D-6. Completed: ☐Date: c. Highways of statewide significance (HSS) are exempt from the concurrency ordinance. RCW 36.70A.070(6)(a)(iii)(C) Completed: ☐Date: d. Traffic demand management (TDM) requirements are consistent with the comprehensive plan. RCW 36.70A.070(6)(a)(vi) Examples may include requiring new development to be oriented towards transit streets, pedestrian-oriented site and building design, and requiring bicycle and pedestrian connections to street and trail networks. WAC 365-196-840(4) recommends adopting methodologies that analyze the transportation system from a comprehensive, multimodal perspective. 14.40.010, 14.40.020, 14.40.030, and 14.40.050 PAMC. Completed: ☐Date: e. If required by RCW 82.70, a commute trip reduction (CTR) ordinance to achieve reductions in the proportion of single-occupant vehicle Yes No Not Applicable. Completed: ☐Date: July 22, 2026 Planning Commission Meeting 89 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 47 policies for CTR and Department of Transportation rules. July 22, 2026 Planning Commission Meeting 90 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 48 A federally recognized Indian tribe may voluntarily choose to participate in the county or regional planning process. See Commerce’s new Tribal Planning Coordination for GMA webpage for guidance and staff contacts. A federally recognized Indian tribe may voluntarily choose (opt-in) to participate in the local and regional planning processes. See also the Governor’s Office of Indian Affairs map of federally recognized tribes of Washington State. In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes a. Mutually agreeable memorandum of agreement between local governments and tribes in regard to collaboration and participation in the planning process unless otherwise agreed at the end of a mediation period. RCW 36.70A.040(8)(a) new in 2022. LU-1.11A; Joint Tribal-Municipal Settlement Agreement Framework. Completed: ☐ Date: b. Policies consistent with countywide planning policies that address the protection of tribal cultural resources in collaboration with federally recognized Indian tribes that are invited, provided that a tribe, or more than one tribe, chooses to participate in the process. RCW 36.70A.210(3)(i) new in 2022. 15.08 PAMC, Shoreline Master Program, Historical Resources and Completed: ☐Date: c. New in 2025: urban governmental services may be extended beyond the city/UGA to property within the jurisdiction of a federally recognized Indian Tribe that abuts the city boundary. RCW 36.70A.830 The tribe(s) and city must agree by December 31, 2028. City of Port Angeles, Clallam County, the Port Tribe, Highway 101 Wastewater Line Project, Sections 1 through 8. Completed: ☐Date: Regulations to Implement Optional Elements a. New fully contained communities are consistent with comprehensive plan policies, RCW 36.70A.350 and WAC 365-196-345 Completed: ☐Date: b. If applicable, master planned resorts are consistent with comprehensive plan policies, RCW 36.70A.360, RCW 36.70A.362 and WAC 365- 196-460 Completed: ☐Date: July 22, 2026 Planning Commission Meeting 91 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 49 c. If applicable, major industrial developments and master planned locations outside of UGAs are consistent with comprehensive plan policies, RCW 36.70A.365, RCW 36.70A.367 and WAC 365- 196-465 Yes No Not Applicable Completed: ☐Date: d. Regulations include procedures to identify, preserve, and/or monitor historical or archaeological resources. RCW 36.70A.020(13), WAC 365-196-450 Yes No City of Port Angeles, Clallam County, the Port Tribe, Highway 101 Wastewater Line Project, Sections 1 through 8. Completed: ☐Date: e. Other development regulations needed to implement comprehensive plan policies such as energy, sustainability or design are adopted. WAC 365-196-445 Yes, 17.22 No Completed: ☐Date: and objective and must include one or more ascertainable guideline, standard or criterion by building design is permissible under that development regulation. May not result in a reduction in density, height, bulk or scale below the generally applicable development regulations for a development proposal in the applicable zone. RCW 36.70A.630 new in 2023 by HB 1293, and updated in 2025 by SB 5558 Yes No Port Angeles does not use design review Completed: ☐Date: July 22, 2026 Planning Commission Meeting 92 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 50 Project Review Procedures In 2023, SB 5290 substantially amended local permit review processes. See the Local Project Review webpage for new guidance. In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes Project review processes integrate permit and environmental review. RCW 36.70A.470, RCW 36.70B and RCW 43.21C. Also: WAC 365-196-845, WAC 197-11(SEPA Rules), WAC 365-197 (Project Consistency Rule, Commerce, 2001) and Ecology SEPA Handbook. Integrated permit and environmental review procedures for: • Notice of application • Notice of complete application • One open-record public hearing • Combining public hearings & decisions for multiple permits • Notice of decision • One closed-record appeal Note: new in 2023, see Commerce’s new guidance for Local Project Review and SB 5290 18.02.080, 18.02.120 through 18.02.180, and 18.02.220 PAMC; Chapter 15.04 PAMC. Completed: ☐Date: Plan & Regulation Amendments If procedures governing comprehensive plan amendments are part of the code, then assure the following are true: a. Regulations limit amendments to the exceptions). RCW 36.70A.130(2) and WAC 365- 196-640(3) Completed: ☐Date: b. Regulations define emergency for an emergency plan amendment. RCW 36.70A.130(2)(b) and WAC 365-196-640(4) o es To be adopted August 18, 2026 Completed: ☐Date: c. Regulations include a docketing process for requesting and considering plan amendments. 18.04.040, Completed: ☐Date: July 22, 2026 Planning Commission Meeting 93 MCA 26-0180 Exhibit 4: Periodic Update checklist for fully planning cities – Updated November 2025 Page 51 RCW 36.70A.130(2), RCW 36.70A.470, and WAC 365-196-640(6) d. A process has been established for early and continuous public notification and participation in the planning process. RCW 36.70A.020(11), RCW 36.70A.035 and RCW 36.70A.140. See WAC 365- 196-600 regarding public participation and WAC 365-196-610(2) listing recommendations for meeting requirements. 18.04.080 and 18.04.090 PAMC; Sections 18.02.130 and 18.02.140 PAMC. Completed: ☐Date: e. A process exists to assure that proposed regulatory or administrative actions do not result in an unconstitutional taking of private property RCW 36.70A.370. See the 2018 Advisory Memo on the Unconstitutional Taking of Private Property Completed: ☐Date: f. Provisions ensure adequate enforcement of regulations, such as zoning and critical area ordinances (civil or criminal penalties). See implementation strategy in WAC 365-196-650(1). PAMC; Section 2.90.030 PAMC; Section 16.04.220 Completed: ☐Date: July 22, 2026 Planning Commission Meeting 94 MCA 26-0090 Phase 2 June COA Audit Q&A Memo Page 1 DATE: July 22, 2026 TO: Planning Commission FROM: Planning Division RE: Phase 2 CAO Municipal Development Code Audit Questions and Responses SUMMARY In June 2026 staff presented an initial audit on current Title 15 municipal code amendment requirements related the 2025 Comprehensive Plan Periodic Update to the Planning Commission and Critical Areas Ordinance (CAO) Stakeholder Advisory Committee. During the discussion of necessary updates several clarifying questions were raised by the Commission and Committee. This memo serves to summarize those questions and provides guidance on what requirements from the state must be adopted in Title 15 of the municipal code (PAMC). The questions below are summarized and grouped by topic. Impact on Development, Housing Density, and Comprehensive Plan Goals Question 1: How might the proposed CAO amendments affect development capacity, housing goals, infill development, and Comprehensive Plan implementation? Staff Response: The proposed amendments will have minimal increased effects on development capacity, housing goals, infill development and Comprehensive Plan implementation. The existing CAO and environmental protections associated with PAMC Chapter 15.20 – Environmentally Sensitive Areas Protection will be modified to ensure that the protection standards meet the criteria defined by state agencies such as Washington Department of Fish and Wildlife and the Department of Ecology but will not go above and beyond those requirements. The City currently regulates development activities within the designated critical areas; this code update will evaluate whether the existing development standards continue to protect ecological functions and values and adjust those standards to ensure no net loss where necessary. July 22, 2026 Planning Commission Meeting 95 MCA 26-0090 Phase 2 June COA Audit Q&A Memo Page 2 Amended protections may appear as adjusted buffer widths or the requirement of additional mitigation measures if impacts to critical areas cannot be avoided. Current science finds that wide terrestrial buffers, a near continuous corridor of mature, native vegetation, and limits on in-water projects are all necessary to protect salmonid habitat functions in riparian areas. Protection standards are addressed in existing code. Development capacity and housing goals will not be significantly affected by the proposed amendments. Question 2: Can you distinguish between screening-level GIS overlap and actual loss of buildable area? Staff Response: The GIS maps available from local, state and federal agencies act as the first screening for potential overlap identifying potential critical areas. If it is identified that a critical area may be located within a project site, During the development application process the applicant is responsible for demonstrating be boundaries of a critical area and its buffer. A professional consultant may be necessary to accomplish this task. As an example: If there is a proposal to build a structure on a property that is located adjacent to a steep slope (geologically hazardous area), a geotechnical engineer is required to perform an analysis of the parcel and develop a site map that identifies the location of the top of the ravine and any applicable buffers and building setbacks for that location. This professional reporting ensures the proposed development either does not encroach within the buffer or the provision of mitigation measures are in place to ensure no net loss of the ecological functions and values. Mapping tools planned for development and publishing during the implementation step of this code update will be explicit in stating that the tools are for screening purposes only. This communication is particularly important in the identification of existing wetlands throughout the City. Not all wetlands are currently delineated or mapped and those that are not may need to be delineated prior to development activities. Question 3: Can we evaluate the impacts of Title 15 by zoning, future land use, parcel size, vacant or underutilized status, and remaining buildable envelope? Staff Response: During the 2025 Comprehensive Plan Periodic Update, the City performed a land capacity analysis that incorporated the existing critical areas within the entirety of the Port Angeles UGA. While it is unknown how new buffer requirements will affect the available building space on remaining developable parcels, the existing land capacity analysis can be a living document updated as critical areas and their associated July 22, 2026 Planning Commission Meeting 96 MCA 26-0090 Phase 2 June COA Audit Q&A Memo Page 3 buffers are delineated and mapped. Question 4: How can we ensure that every parcel intersected by a screening map is not characterized as having lost development capacity? Staff Response: In most scenarios, a landowner or developer could apply for what is called a “reasonable use exception” if the regulations set forth by the Critical Areas chapter would deny all use of a parcel. The Department of Commerce provides guidance on criteria that can be used for determining if a development application would qualify as a “reasonable use”: • No other reasonable economic use of the property has less impact on the critical area. • The proposed impact to the critical area is the minimum necessary to allow for reasonable economic use of the property. • The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant after the effective date of the regulation, or its predecessor. • The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site. • The proposal will result in no net loss of critical area functions and values consistent with the best available science. • The proposal is consistent with other applicable regulations and standards. Reasonable use exceptions provide a path forward that would allow for certain types of development to occur either within a critical area or its buffer, so long as it is only the minimal reasonable use of the property. This option does not limit development capacity in these areas but rather allows a path forward for a proposal if the development criteria are satisfied. Regulatory Compliance, Best Available Science, and Municipal Flexibility Question 5: What is legally required, what is best available science (BAS)-supported, and what remains a local policy or implementation choice? Staff Response: The City is required to update the critical areas ordinance utilizing the best available science as provided by state agencies with expertise in their area as a part of the mandated Growth Management Act 10-year periodic update of the city’s July 22, 2026 Planning Commission Meeting 97 MCA 26-0090 Phase 2 June COA Audit Q&A Memo Page 4 Comprehensive Plan giving special consideration to anadromous fish species. Two examples of required best available science updates according to the recommendations from the state agencies are provided below: • Fish and Wildlife Habitat Conservation Areas – WDFW is the lead agency for advising local governments on matters related to the FWHCAs. Their guidance, established in Riparian Ecosystems, Vol. 2: Management Recommendations, is to delineate riparian corridors within one Site Potential Tree Height (SPTH) to protect the full riparian ecosystem functions and values. SPTH is defined as “the average maximum height of the tallest dominant trees (200 years or more) for a given site class”. “200 years or more” refers to the approximate minimum age of old-growth forests, which reflects the underlying assumption that old-growth forest conditions are needed for full riparian ecosystem functions. The City has some flexibility on management recommendations within these areas, however, those protection standards and management decisions must lead to the eventual establishment of old-growth forests within our riparian areas. • Wetlands – Wetland guidance comes from the Department of Ecology’s Wetland Guidance for CAO Updates, October 2022. In this document, the Department of Ecology summarizes the protection of wetland functions as: avoid, buffer, compensate and secure. This means: 1. Avoid direct impacts to a wetland and its buffer to the extent practicable by allowing impacts only when these is no reasonable alternative. 2. Buffer wetlands from impacts of adjacent land use through the retention of vegetated upland surrounding the wetland. 3. Compensate for unavoidable impacts by requiring the replacement of wetland and/or buffer area and function through the restoration, creation, preservation, and/or enhancement of wetlands and/or their buffers. 4. Secure long-term protection of wetlands and their buffer areas through legal mechanisms. Port Angeles has some flexibility is determining what type of wetland buffering are implemented. Department of Ecology provides three alternatives for wetland buffering; Option 1 sets the width of the buffer based only on the wetland category as determined using the Wetland Rating System. This option provides the least amount of flexibility because it doesn’t take into account the potential impacts from land use, or the wetland’s functions. Option 2 sets the width of the buffer based on the wetland category and the intensity of the impacts from the proposed land use. For example, if a wetland is rated as a July 22, 2026 Planning Commission Meeting 98 MCA 26-0090 Phase 2 June COA Audit Q&A Memo Page 5 Category III wetland per the Wetland Rating System, but the potential impact on the wetland would be low, the buffer width would be set at 75 feet as compared with a land use that would have high impact on the wetland, which would require a 150-foot buffer. Option 3 provides the most flexibility. It sets the buffer width based on the Wetland Category, the potential impact the land use has on the wetland, and the wetland functions or special characteristics as determined through the rating system. If it is determined that the City selects option 2 or 3, there also lies some flexibility with determining which land uses would be classified as having low, moderate, and high impact. Another example of local policy is how an application is reviewed. Title 18.02 PAMC provides a permit “typing” system that determines the level of review, permit timing, and the responsible decision-maker. Procedures developed in this code amendment process will define certain allowed uses, exemptions, reasonable uses, and their associated permit and review types and timelines. Question 6: How does local knowledge, site-specific information, and professional judgement remain part of the review process? Staff Response: A professional assessment of the project site may be required by a qualified professional depending on the type of development proposed and the critical area that it impacts. That report is submitted as a part of a development permit application. The responsibility to demonstrate whether 1) critical areas are present or not, 2) any proposed development on a parcel that contains a critical area or its buffer will result in no net loss of functions and values, and 3) that any impacts to critical areas will be mitigated according to a mitigation plan lies with the applicant. Staff is responsible for reviewing the materials provided by the applicant and using local knowledge and expertise to determine if the reports and materials provided are accurate and representative of the parcels identified. Question 7: What is the correct wetland terminology? Staff Response: “Wetland” or “wetlands” means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and July 22, 2026 Planning Commission Meeting 99 MCA 26-0090 Phase 2 June COA Audit Q&A Memo Page 6 landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas created to mitigate conversion of wetlands.” Question 8: Can the city compare Department of Ecology buffer options before recommending a final approach? Staff Response: A decision can be made on which wetland buffering option the city implements. The setbacks listed in each of the three options are not negotiable unless the city can produce its own documentation and analysis beyond the state’s existing BAS that meets or exceeds documented BAS. Please refer to the Wetland Buffering Analysis staff memo for more information on this topic. Private Property Burdens, Mapping Discrepancies, and Cost Impacts Question 9: Can you provide clarity around affected parcels, private property impacts, applicant costs, and City costs? Staff Response: Affected parcels and impacts to private property will be updates in the City’s GIS maps throughout this process. The impacts to private property will remain relatively the same, with the exception of any increased buffer widths that will be adopted based on the best available science. Regardless of the presence of a critical area on a parcel, a landowner or developer may apply for a critical area reasonable use exception or critical area variance if the proposed evaluation criteria are met. Application costs are determined in the City’s Master Fee Schedule. Costs associated with necessary environmental reporting vary depending on the qualified professional selected by the landowner. Question 10: Can staff clarify how public maps are used as screening tools and should not be used as final regulatory determinations? Staff Response: Amendments to the CAO include the addition of identification, classification, and rating of critical areas, which are not currently well-defined in current code. Proposed PAMC Section 15.22.030.A will clearly define the use of critical areas maps and what purpose they serve as screening tool to identify the potential location of critical areas. Proposed PAMC Section 15.22.030.B will require that actual site conditions must be determined through the performance of a field investigation as performed by a qualified professional. July 22, 2026 Planning Commission Meeting 100 MCA 26-0090 Phase 2 June COA Audit Q&A Memo Page 7 Question 11: Can staff address City, County, State, Federal, and consultant mapping discrepancies. Staff Response: Because each jurisdiction is responsible for managing it’s own GIS maps, there are existing discrepancies between various agencies. The City’s GIS mapping tool should be used for screening purposes first by both city staff and property owners investigating the development potential of a specific property in Port Angeles. The actual location of critical areas should be confirmed in the field during any development application process to officially determine if there is a critical area onsite. A delineation performed by a qualified professional and submitted to the City along with their proposal for development will be added to the City’s CAO GIS database. Because each agency providing CAO mapping has different staff capacity and documentation procedures, the time in which a submitted CAO survey is mapped can vary. The implementation step in the CAO code amendment workplan will establish procedures to better map existing and submitted CAO surveys for staff and public use. Question 12: Will applicants be responsible for offsite or landscape-scale analysis? Staff Response: Offsite or landscape-scale analysis will primarily be done as part of the reporting requirements, to be performed by a qualified professional. Implementation of mapping procedures will assist qualified professionals in determining larger landscape scale impacts. Exemptions, Appeals, and Practical Environmental Definitions Question 13: How are wetlands identified and when do mapped features require review? Staff Response: According to the definition provided by Department of Ecology wetlands are areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally July 22, 2026 Planning Commission Meeting 101 MCA 26-0090 Phase 2 June COA Audit Q&A Memo Page 8 created from non-wetland areas created to mitigate conversion of wetlands. They are identified by a qualified professional, either a Wetland Professional, Wetland Professional in Training, or a biologist who has received training from the Washington Department of Ecology for Wetland Identification and Rating. When looking at whether or not an area is or could be a wetland, the professional will first perform a wetland assessment, where they will look at the soil types, existing vegetation, and presence or absence of saturated soils. The area being assessed must meet the specific criteria set forth in the identification and rating system established by Ecology to be classified, identified, and delineated as a wetland. Question 14: How are artificial or inadvertently created wetlands delt with? Staff Response: Inadvertently create wetlands are not defined as a wetland or wetlands. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway, The burden of proof remains with the landowner or developer to clearly demonstrate a wetland is artificial or inadvertently create. If it is found that the area would be classified as an artificial wetland as described above, then wetland-related critical area regulations would not apply. Question 15: Would previously platted properties qualify for transition provisions or exemptions if wetlands were found on site where none previously existed during the time of the original plat? Staff Response: The only inadvertently created wetlands that would be exempt from the provisions of the ordinance would be those that are created from non-wetland sites as described above in Question 15. The burden of proof is on the developer or landowner to demonstrate how those areas were created to the City. Previously platted property having not shown a wetland may still establish a functional wetland over time. This situation does not automatically exempt those properties from the wetland regulations set forth by the City. Question 16: How are piped streams and previously modified corridors evaluated? Staff Response: Several of the City’s urban stream corridors are currently culverted under vast stretches of roads and other land uses. In these heavily urbanized areas, it is important to consider the existing conditions to understand where opportunities may July 22, 2026 Planning Commission Meeting 102 MCA 26-0090 Phase 2 June COA Audit Q&A Memo Page 9 occur to protect whatever functions currently exist. In the case of culverted streams, keeping the potential open for habitat improvement and restoration down and upstream of the culvert and allowing for future daylighting projects are one way to address the current lack of function for those portions of the streams. Taking a more holistic approach and a landscape-scale view of the entire stream corridor involves not just looking at the lack of functions or values of segments. A key element to maintaining these urbanized riparian management zones is connectivity, both in and along streams. WDFW has many recommendations for urban riparian ecosystems that will be evaluated as the proposed code is further developed to include fish and wildlife habitat conservation areas. Question 17: Clarify appeal procedures and how conflicting expert opinions are resolved. Staff Response: Appeals for any decision will be consistent with PAMC Title 18, Article V, Sections 18.02.220 and 18.02.230. References: WA Department of Fish and Wildlife Riparian Ecosystems, Volume 1: Science Synthesis and Management Implications (https://wdfw.wa.gov/sites/default/files/publications/01987/wdfw01987.pdf) WA Department of Fish and Wildlife Riparian Ecosystems, Volume 2: Management Recommendations (https://wdfw.wa.gov/sites/default/files/publications/01988/wdfw01988.pdf) WA Department of Transportation and WA Department of Fish and Wildlife, Washington Habitat Connectivity Action Plan (https://wdfw.wa.gov/sites/default/files/publications/02630/wdfw02630.pdf) WDFW Riparian Management Zone Checklist for Critical Areas Ordinance – Addendum (https://wdfw.wa.gov/sites/default/files/2023-08/rmr-cao-checklistaddendum.pdf) Attachments: Attachment A: 2025 Land Capacity Analysis July 22, 2026 Planning Commission Meeting 103 July 22, 2026 Planning Commission Meeting 104 MCA 26-0090 Phase 2 Title 15 Amendments V1.0 Memo Page 1 DATE: July 22, 2026 TO: Planning Commission FROM: Planning Division RE: Phase 2 Critical Areas Municipal Code Amendments – Version 1.0 SUMMARY Updates to Title 15 to date include broader evaluation of the code formatting and revisions to some definitions in the Title. The critical areas related code has been modified from its original format to now include Articles I – VII that review the general provisions of the critical areas ordinance with specific protection standards established for each of the five designated critical areas in Port Angeles. Thus far, staff have completed amendments to Chapter 15.02 – Definitions, and Articles I and II of Chapter 15.22 – Critical Areas. DESCRIPTION OF CODE AMENDMENTS MADE TO DATE Chapter 15.02 – Definitions The Definitions chapter was consolidated to include definitions that are pertinent to all critical areas and amended to ensure definitions are correct based on the best available science. Chapter 15.22 Article I – General provisions Article I outlines the general provisions of the critical areas protection chapter, provides clarity around GIS and mapping tools, and clearly defines project types that are exempt from permitting, allowed, permitted administratively, and require approval by the Hearing Examiner. Section 15.20.080 currently lists projects that are considered “exceptions” to the development restrictions and standards of the chapter. As a part of this amendment the use of the term “exception” will be modified to meet the best practices provided by state guidance. July 22, 2026 Planning Commission Meeting 105 MCA 26-0090 Phase 2 Title 15 Amendments V1.0 Memo Page 2 • Exception (current use in PAMC 15.20.080): In the past this term had been applied incorrectly. Apart from a reasonable use exception, all remaining uses or activities currently identified in 15.20.080 should have been classified as either exempt, allowed, or permitted, based on the guidance from the Department of Commerce. • Exempt Use (PAMC 15.22.070): Activities identified as “exempt” require no critical area review, as the regulations do not apply. It does not, however, give permission to degrade critical areas or ignore the risk of natural hazards. • Allowed Use (PAMC 15.22.080): Allowed uses or activities are those that are unlikely to result in a critical areas impact because of other regulations or previous critical area reviews. These activities are exempt from the critical area review process, but not the protection standards set forth and require an allowed use permit from Community and Economic Development which may be conditioned to ensure the activity complies with the applicable critical areas protection. A critical areas report is not required, however, the proponent must demonstrate how the activity will not result in an impact to the critical area. • Permitted Use (PAMC 15.22.090): Permitted uses must undergo full critical areas review and are processed administratively. They are uses that, if approved, may result in an impact to a critical area or buffer and would thus require reporting and mitigation to demonstrate no net loss of ecological functions and values. • Reasonable Use (PAMC 15.22.100): In situations where all economic use of a property would be denied by the critical areas regulations, a proponent may apply for a reasonable use exception. The purpose is not to allow general development within critical areas, but to allow only the minimal “reasonable” use of the property to avoid a constitutional “taking” of the property. Section 15.22.070 This section defines exempt activities, which require no permitting so long as they meet the specific terms of the section. Being exempt does not give permission to degrade a critical area or its buffer and must still adhere to best management practices. Types of activities or uses that would qualify as an exemption would include: • Emergencies. • Landscape and garden maintenance of lawfully established landscaping or gardens. • Passive outdoor activities such as hiking, fishing and kayaking. • Trail maintenance of existing private and public pedestrian trails. • Remediation actions consistent with an approved environmental cleanup project. July 22, 2026 Planning Commission Meeting 106 MCA 26-0090 Phase 2 Title 15 Amendments V1.0 Memo Page 3 • Forest practices regulated by the state. Section 15.22.080 This section regulates allowed uses or activities which are unlikely to result in an impact to a critical area or its buffer because of other regulations, or previous critical area reviews. They do not require a full critical area review of the site, however, they must still meet the protection standards set forth in the chapter. Many of these activities are what we have previously considered “exceptions”. These activities are processed as either a Type 0 or Type I Critical Areas Allowed Use Permit depending on the nature of the work to be performed. Types of activities that fall into this category include: • Operations, maintenance, or repair of existing infrastructure. • Activities within the improved right-of-way. • Minor additions and modifications to existing structures. • Certain types of vegetation management that pose no negative impact to the critical area, including hazard tree removal and removal of invasive species. • Restoration projects associated with an approved salmon recovery plan. Section 15.22.090 This section regulates permitted activities that are processed as Type II administrative permits. These uses or activities require full critical area review and must undergo the reporting requirements outlined in Article II, Critical Areas Review Procedures. These are projects or uses that are likely to impact a critical area or its buffer because of the intensity of the proposed work and thus must demonstrate how the proposal aims to achieve no net loss of the impacted area. Examples of projects that fall into this section include: • Permitted uses in the underlying zone (such as SFR). • Previously altered critical areas. • Drainage facilities. • New utility siting. Section 15.22.100 This section regulates reasonable use exceptions which are processed as Type III permits with a final decision made by the Hearing Examiner. For an applicant to be approved for a reasonable use exception, they must demonstrate that no other reasonable economic use of the property would have less impact on the critical area. The purpose is not to allow general development within critical areas, but to allow only the minimal “reasonable” use of the property to avoid an unconstitutional taking. A critical area variance or conditional July 22, 2026 Planning Commission Meeting 107 MCA 26-0090 Phase 2 Title 15 Amendments V1.0 Memo Page 4 use would also be considered as a Type III process with the final decisions made by the Hearing Examiner. Examples of reasonable use exceptions include: • Reasonable use development exception. • Critical area variance. Chapter 15.22 Article II – Critical areas review procedures. Article II lists procedures for review of Type II and Type III critical area permits. Reporting requirements vary depending on the level of impact on the critical area or buffer. All reports must contain, at a minimum, a section focused on site reconnaissance where the determination of whether the project is likely to impact a critical area or not is made. Other sections of the report are required as needed. Reporting procedures are integrated from WDFW guidance and include demonstration of landscape scale cumulative impacts of the proposal on the critical area, as well as the long-term monitoring post-development and occupancy of the project. Minimum report requirements are clearly laid out as well as mitigation sequencing and what must be included in a mitigation report when the functions and values of the critical area will be impacted to avoid a net loss of ecological functions and values. When feasible, applicants are encouraged to strive for net ecological gain of the impacted critical area, consistent with the goals and policies of the Vision 2045 Comprehensive Plan. Remaining sections discuss the following: • Critical area tracts. • Field identification and markings for both temporary and permanent needs. • Third-party development plan review. • Financial guarantee requirements. • Unauthorized critical area modifications. • Final decisions and appeals. ATTACHMENTS Attachment A – CAO Code Amendment Line in Line Out Version 1.0 July 22, 2026 Planning Commission Meeting 108 Title 15 Amendments V1.0 July 22, 2026 Title 15 Environment WORKING REDLINE — CHANGED SECTIONS Underlined text indicates proposed additions. Struck text indicates proposed deletions. Drafting notes are not codified text and are listed in the companion QA report. CHAPTER 15.02 DEFINITIONS 15.02.010 Definitions. These definitions must apply to Chapters 15.22 and 15.26 15.20, 15.24 and 15.28, additional definitions are located in individual chapters. “Anadromous fish” means a fish that is born in freshwater, spends much of its life in the sea, and returns to freshwater to spawn. “Aquifer recharge” is the infiltration of rainfall, snowmelt, infiltration from lakes, wetlands and streams, or irrigation water into the ground that adds to the underground water that can supply a well. “Aquifers used for potable water” are existing wells and their protection areas, sole source aquifers, and aquifers otherwise identified as important supplies. They should be identified by looking at existing and future planned uses. A. “Best available science” means That scientific information applicable to the critical area prepared by local, state or federal natural resource agencies and tribes, a qualified scientific professional expert or team of qualified scientific professionals experts, that is consistent with criteria established in WAC 365-195-900 through WAC 365-195-925. B. “Best management practices (BMPs)” means physical or structural tools and/or management conservation practices or systems of practices and management measures that: which, when used singularly or in combination, prevent or reduce adverse impacts to the functions and values of critical areas and their buffers. 1. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, and sediment; 2. Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands; 3. Protect trees and vegetation designated to be retained during and following site construction; and 4. Provide standards for proper use of chemical herbicides within critical areas. “Buffer” means an undisturbed area adjacent to a critical area that is required to remain in an undisturbed and untouched condition to protect the functions and values of the critical area. “Critical aquifer recharge areas” are areas with a critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water, or is susceptible to reduced recharge. “Critical areas” means “wetlands”, “critical aquifer recharge areas”, “fish and wildlife habitat conservation areas”, “frequently flooded areas”, and “geologically hazardous areas”. July 22, 2026 Planning Commission Meeting 109 Title 15 Amendments V1.0 July 22, 2026 C. “Critical habitat” means habitat necessary for the survival of endangered, threatened, rare, sensitive, or monitor species as identified under the Endangered Species Act. D. “Development” means any activity upon the land consisting of construction or alteration of structures, earth movement, dredging, dumping, grading, filling, driving of piles, drilling operations, bulkheading, clearing of vegetation, or other land disturbance. Development includes the storage or use of equipment or materials inconsistent with the existing use. Development also includes approvals issued by the City that binds land to specific patterns of use, including zoning changes, conditional use permits, and binding site plans. Development activity does not include the following activities: 1. Interior building improvements. 2. Exterior structure maintenance activities, including painting and roofing. 3. Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning and weeding. 4. Maintenance of the following existing facilities that does not expand the affected areas: individual utility service connections; and individual cemetery plots in established and approved cemeteries. E. “Engineer” means a professional civil engineer, licensed by and in good standing in the State of Washington. F. “Erosion” means the wearing away of the land or ground surface by the action of wind, water, ice, gravity, or any combination thereof. “Erosion hazard areas” are those areas containing soils which, according to the United State Department of Agriculture Natural Resources Conservation Service Soil Survey Program, may experience significant erosion. Erosion hazard areas also include coastal erosion-prone areas and channel migration zones. G. “Exotic” means any species of plant or animal that are not native to the area. “Fish and wildlife habitat conservation areas” are areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness. These areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company. “Floodplain” means the total area subject to inundation by the base flood. H. “Frequently flooded areas” means are lands in the floodplain subject to at least a one percent or greater chance of flooding in any given year (the 100-year storm flood), or within areas subject to flooding due to high groundwater. These areas include but are not limited to streams, rivers, lakes, coastal areas, wetlands, and the like areas where high groundwater forms ponds on the ground surface. “Geologically hazardous areas” are areas that because of their susceptibility to erosion, sliding, earthquakes, or other geological events, are not suited to siting commercial, residential, or industrial development consistent with public health or safety concerns. “Functions and values” means the natural processes and intrinsic environmental benefits that critical areas provide. Functions are the physical, chemical and biological processes of the ecosystem, while values are the benefits those processes provide to society and fish and wildlife. “Habitats of local importance” means fish and wildlife habitat conservation areas that are found to be locally important. July 22, 2026 Planning Commission Meeting 110 Title 15 Amendments V1.0 July 22, 2026 I. “Historic condition” means the condition of the land, including flora, fauna, soil, topography, and hydrology that existed before the area and vicinity were developed or altered by human activity. J. “Hydraulic project approval (HPA)” means a permit issued by the state Department of Fish and Wildlife for modifications to waters of the state in accordance with Chapter 75.20 77.55 RCW. K. “Indigenous” means any species of plant or animal native to an area. Not introduced. L. “Infiltration” means the downward entry of water into the immediate surface of soil. “Invasive species” means an organism that is not native to a specific ecosystem and whose introduction causes or is likely to cause harm to the environment, economy, or human, animal, or plant health. M. “Joint aquatic resource permits application (JARPA)" means a single application form that may be used to apply for hydraulic project approvals, shoreline management permits, Department of Natural Resources use authorization, and Army Corps of Engineers permits. N. “Land-disturbing activity” means any use of the land that results in: 1. Change in the natural cover or topography that exposes soils or 2. May cause or contribute to erosion or sedimentation. This does not include nondestructive vegetation trimming. “Landslide hazard areas” are areas at risk of mass movement due to a combination of geologic, topographic, and hydrologic factors. “Locally unique features” means landforms and features that are important to the Character of the City of Port Angeles and the adjoining Port Angeles Urban Growth Area. These feature or landforms usually contain one or more critical area. Locally unique features in the Port Angeles region include ravines, marine bluffs, and beaches and associated coastal drift processes. O. “Marine bluffs” means coastal features that resulted from wave erosion undercutting uplands located adjacent to the shoreline, creating vertical cliffs that are an important source of sediment for coastal drift processes and/or the landforms created by these processes. P. “Native” means any species of plants or animals that are indigenous to the area. “No net loss” of critical area functions and values means the maintenance of existing ecological functions and habitat conditions over time. It ensures that planned developments do not result in a decline of fish life or wildlife habitats by mandating strict adherence to sequential mitigation Q. “Nondestructive vegetation trimming” means the trimming, or pruning of trees, shrubs, or plants, that does not harm the continued life and health of the plant and uses best management practices for pruning as defined by the International Society of Arboriculture. R. “Priority habitat”s means a habitat types or elements with unique or significant value to one or more species as classified by the Washington Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or dominant plant species that is of primary importance to fish and wildlife such as eelgrass meadows, a described successional stage such as old-growth and mature forests, or a specific structural element such as a consolidated marine/estuarine shoreline or habitat snags. (WAC 173-26-020(3430). “Priority species” means species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels, as defined by the Washington Department of Fish and Wildlife, that meet any of the criteria outlined in WAC 173-26-020(31)(a-d). S. “Puget Sound” means all salt waters of the State of Washington inside the international boundary line between the State of Washington and the Province of British Columbia, lying east of 123 degrees, 24 minutes west longitude and includes the Strait of Juan de Fuca. July 22, 2026 Planning Commission Meeting 111 Title 15 Amendments V1.0 July 22, 2026 T. “Qualified professional” means a person with experience and training in the applicable critical area. A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field and two years of related professional work experience. 1. A qualified professional for fish and wildlife habitats or wetlands must have a degree in biology, marine biology, wetland biology, or habitat ecology. 2. A qualified professional for a geological hazard must be a professional civil engineer or geologist, licensed in the State of Washington. 3. A qualified professional for tree maintenance and tree pruning must be an arborist certified by the International Society of Arboriculture. “Riparian area” means the area that encompasses both sides of a water body, composed of aquatic ecosystems, riparian ecosystems, and riverine wetlands. “Riparian management zone (RMZ)” means the area that has the potential to provide full riparian functions, often synonymous with the riparian buffer. This area occurs within one 200-year site potential tree height measured from the edge of the stream channel. In places where the site potential tree height is less than 100 feet, the RMZ is set at 100 feet to provide for the pollution removal function. “Seismic hazard areas” are areas subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, debris flows, lahars, or tsunamis. “Setback” means the minimum distance for any use, structure, or building from a hazard area as required by a qualified professional to protect safety for occupants of a development and/or users of a site. “Site potential tree height” means the average maximum height of the tallest dominant trees for a given age and site class. U “Topping or tree topping” means the indiscriminate cutting back of tree branches to stubs or lateral branches that are not large enough to assume the terminal role and is harmful to the life and health of the plant. Other names for topping include “heading”, “crowning”, or “tipping”. V. “Viewshed enhancement” means the removal or thinning of trees or vegetation to enhance a view when proposed in ravine and marine bluff geologically hazardous area buffers so long as such alterations will not: 1. Increase geological hazards such as erosion potential, landslide potential, or seismic hazard potential as demonstrated by a qualified professional; 2. Adversely affect significant fish and wildlife habitat areas; 3. Through thinning, remove more than 30 25 percent of the live branches of a tree’s canopy; 4. Include felling, topping, or removal of trees in critical areas. Viewshed enhancement does not include nondestructive trimming of vegetation as defined in this title. “Waters of the state” means all surface waters, including lakes, rivers, ponds, streams, inland waters, salt waters, groundwater, and all other watercourses in the state of Washington. They must be designated as Fish and Wildlife Habitat Conservation Areas. “Wetland or wetlands” means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. However, wetlands may include those July 22, 2026 Planning Commission Meeting 112 Title 15 Amendments V1.0 July 22, 2026 artificial wetlands intentionally created from non-wetland areas to mitigate conversion of wetlands, if permitted by the county or city. CHAPTER 15.20 ENVIRONMENTALLY SENSITIVE AREAS PROTECTION (MOVED TO CHAPTER 15.22) Chapter 15.20 is hereby deleted in its entirety and moved to a new chapter 15.22 for replacement. CHAPTER 15.22 CRITICAL AREAS ARTICLE I. GENERAL PROVISIONS 15.22.010 Purpose. A. The purpose of this chapter is to designate critical areas and to establish standards for the protection of their functions and values, in compliance with the provisions of the Washington State Growth Management Act of 1990, and consistent with the goals and policies of the City of Port Angeles Comprehensive Plan, Climate Resiliency Plan, and Climate Resiliency Implementation Plan. B. By identifying and regulating development and alterations to critical areas and their buffers, this chapter seeks to accomplish the following goals: 1. Protect the public health, safety and welfare by avoiding disturbance of critical areas, minimizing unavoidable impacts, and mitigating impacts where necessary; 2. Protect the public from personal injury, loss of life or property damage due to flooding, erosion, landslides, seismic events, or soil subsidence; 3. Protect against publicly financed expenditures in the event critical areas are misused, which causes: a. Unnecessary maintenance and replacement of public facilities; b. Publicly funded mitigation of avoidable impacts; c. Cost for public emergency rescue and relief operations where the causes are avoidable; or d. Degradation of the natural environment. 4. Protect the public trust in navigable waters and aquatic resources; 5. Prevent cumulative adverse impacts to water availability, water quality, wetlands, fish and wildlife habitat, and the overall net loss of wetlands, frequently flooded areas, and habitat conservation areas; 6. Protect unique, fragile, and vulnerable elements of the environment, including wildlife and its habitat; 7. Alert appraisers, assessors, owners, potential buyers, or lessees to the development limitations of critical areas; and 8. Implement the policies of the State Environmental Policy Act (SEPA), Chapter 43.21C RCW; the City of Port Angeles Comprehensive Plan; this chapter of the Port Angeles Municipal Code; and all updates and amendments, functional plans, and other land use policies formally adopted or accepted by the City of Port Angeles. C. The regulations of this chapter are intended to protect critical areas in accordance with the Growth Management Act, through the application of best available science, as determined according to WAC 365- 195-900 through 365-195-925, and in consultation with state and federal agencies and other qualified professionals. D. This chapter is intended to be administered with limited flexibility and attention to site-specific characteristics. It is not intended to make a parcel of property unusable by denying its owner reasonable July 22, 2026 Planning Commission Meeting 113 Title 15 Amendments V1.0 July 22, 2026 economic use of the property, or to prevent the provision of public facilities and services necessary to support existing development and that planned for by the community without decreasing current service levels below minimum standards. E. The city’s enactment or enforcement of this chapter must not be construed for the benefit of any individual person or group of persons other than the general public. 15.22.020 Applicability. A. Unless explicitly exempted, the provisions of this chapter apply to all land uses, development activity, and all structures and facilities within the City of Port Angeles that are within a critical area, within the maximum buffer distance of, or likely to affect the functions and values of one or more critical areas. Responsibility for administration and enforcement of the provisions of this chapter must rest with the Director of Community and Economic Development or their designee. B. Relationship to Other Regulations. 1. Shorelines of the state and shorelands as defined in RCW 90.58.030, and critical areas occurring within the jurisdiction of shorelines of the state and shorelands, are regulated and protected through the City of Port Angeles Shoreline Master Program (PAMC Chapter 15.08), as amended. Activities occurring within the shoreline jurisdiction are reviewed through the shoreline permit review and issuance process; a separate critical areas permit is not required. The Shoreline Master Program incorporates by reference portions of this chapter; however, certain provisions of this chapter that are not consistent with the Shoreline Management Act, Chapter 90.58 RCW, and supporting Washington Administrative Code chapters do not apply in shoreline jurisdiction. 2. These critical areas regulations apply in addition to zoning and other regulations adopted by the City. In the event of any conflict between these regulations and any other regulations of the City, the regulations apply that provide greater protection to the critical areas’ functions and values, as determined by the Director of Community and Economic Development. 3. When any provision of this chapter or any existing easement, covenant, or deed restriction conflicts with this chapter, that which provides more protection to the critical area applies. 4. Compliance with the provisions of this chapter does not constitute compliance with other federal, state, or local regulations and permit requirements. The applicant is responsible for complying with other agency requirements, apart from the process established in this chapter. 15.22.030 Identification, classification, and rating of Critical Areas. A. Critical Area Maps. The approximate distribution and extent of critical areas in the City are displayed on the City of Port Angeles’ critical areas maps. The maps are used to alert the public and City officials of the potential locations of critical areas and should act as a screening tool. As new information related to critical areas becomes available, the City is authorized to make changes as necessary to the critical area maps. Given the generalized nature of these maps and recognizing that critical areas and the processes that define them are dynamic, the actual presence and location of critical areas, as determined by qualified professionals and technical scientists, must be established and protected in accordance with all the provisions of this chapter, which must govern the treatment of proposed development sites. If any of the critical areas shown on the maps conflict with the criteria set forth in this chapter, the criteria must control the designation of the critical area. B. Actual Site Conditions. Regardless of whether a critical area is shown on the critical areas map, the actual presence or absence of the features defined in this code as critical areas will govern. The exact location of the boundary of a critical area must be determined through the performance of a field investigation as performed by a qualified professional, applying the definitions and criteria provided in this chapter, as determined necessary by the City. July 22, 2026 Planning Commission Meeting 114 Title 15 Amendments V1.0 July 22, 2026 C. Classification and Rating. To promote consistent application of the standards and requirements of this chapter, critical areas within the City will be rated or classified using best available science according to their characteristics, functions and values, and/or their sensitivity to disturbance. 1. Classification of critical areas will be determined by the City using the following tools: a. Application of the criteria contained in these regulations; b. Consideration of the critical area reports submitted by qualified professionals in connection with applications subject to these regulations; and c. Review of maps and other resource adopted pursuant to this chapter. 2. Rating categories will not change due to illegal modifications of the critical area or its buffer. If the development proposal site contains or is within a critical area or buffer suspected of illegal modifications, the rating will be based on pre-modification conditions. Abatement of the unauthorized modification will be required prior to authorization of the current development proposal being processed for the subject site. 15.22.040 Protection of Critical Areas and Best Available Science. A. Critical areas and their required buffers may not be altered except as otherwise provided by this chapter. B. Any action taken pursuant to this chapter must result in equivalent or greater functions and values of the critical area associated with the proposed action, as determined by the best available science. No activity or use may be allowed that results in a net loss of the functions or values of critical areas. C. All permitted actions and development must be designed and constructed in accordance with mitigation sequencing per PAMC 15.22.12 to achieve no net loss of critical area functions and values. D. Applicants must first demonstrate an actual inability to avoid or minimize impacts before restoration and compensation of impacts will be allowed. E. Any individual critical area adjoined by another type of critical area must have the buffer and meet the requirements that provide the most protection to the critical areas involved. F. Violations of this chapter must be subject to the enforcement provisions of the Port Angeles Municipal Code. 15.22.050 Project evaluation. A. As part of the review, the City will: 1. Verify the information submitted by the applicant is complete and accurate; 2. Evaluate the project area and vicinity for any potential critical areas; 3. Determine whether the proposed project is likely to impact the functions or values of critical areas; and 4. Determine if the proposed project adequately addresses the impacts and follows the proper mitigation sequence to avoid, minimize, and mitigate the impacts. B. If the proposed project is within, adjacent to, or is likely to impact a critical area, the City will: 1. Require a critical area report from the applicant that has been prepared by a qualified professional, to be reviewed and evaluated; 2. Determine whether the development proposal conforms to the purposes and performance standards of this chapter, including the criteria in PAMC 15.22.060, Critical Areas Review; 3. Assess the potential impacts to the critical area and determine if they can be avoided or minimized; and July 22, 2026 Planning Commission Meeting 115 Title 15 Amendments V1.0 July 22, 2026 4. Determine if any mitigation proposed by the applicant is sufficient to protect the functions and values of the critical area, and the public health, safety, and welfare concerns consistent with the goals, purposes, objectives, and requirements of this chapter. C. The City may require third party review of any critical area report at the expense of the applicant. 15.22.060 Critical areas review. A. When required. A proposal to modify any critical area and/or the associated buffer including, but not limited to, clearing, grading, draining, removal or alteration of vegetation, construction of structures, utilities and related infrastructure, must require a critical area permit unless it qualifies as an exemption as provided in PAMC 15.22.070. Except that, for within shoreline jurisdiction, administration of this chapter must be through the Shoreline Master Program and the appropriate shoreline permit administration process set forth in PAMC Chapter 15.08. B. Best Management Practices. All activities, including those allowed without critical areas review, must be conducted using the best management practices appropriate for that activity that result in the least amount of impact to the critical area. Best management practices must be used for tree and vegetation protection, construction management, erosion and sediment control, water quality protection, and regulation of chemical applications to ensure the activity does not result in degradation to the critical area. Any incidental damage to, or alteration of, a critical area and/or buffer must be restored, rehabilitated, or replaced at the responsible party’s expense. C. Modifications to existing nonconforming structures and uses. Existing structures, activities, and uses that were established legally but do not meet the current critical area, buffer, or buffer setback requirements may continue in accordance with PAMC 17.95, nonconforming situations. The burden of proof is on the applicant to bring evidence in support of their position. The following modifications are allowed: 1. Routine maintenance and repairs; 2. Structural modifications or additions that do not intensify the nonconformity of the structure or increase the area of hardscape within the critical area or buffer. The Director may, at their discretion, require an updated critical area report to confirm locations of buffers and that the modification is located entirely outside the critical area or buffer; 3. Vertical additions above the ground floor that do not encroach further into the critical area or buffer beyond the existing exterior walls, except for additions in geologically hazardous areas that warrant further critical areas review. 4. Restoration or replacement of a structure that is damaged by fire or other natural disaster, except that critical areas review is required when located in a geologically hazardous area or buffer, when: a. A complete application for reconstruction or replacement is submitted within one year of the damage; and b. The restoration or replacement is made to conform to the current critical areas regulations, or if such regulations cannot be physically met without reducing the size of the structure, the restoration or replacement may not intensify any nonconformity that existed prior to the damage. 5. The demolition of structures located within critical areas or their buffers is permitted, excluding demolition of structures necessary to support or stabilize landslide or erosion hazard areas, subject to approval of a demolition permit, and a stormwater pollution prevention plan consistent with the adopted stormwater management manual. July 22, 2026 Planning Commission Meeting 116 Title 15 Amendments V1.0 July 22, 2026 15.22.070 Exempt activities. A. General requirements for all exempt activities. Activities listed in this section are exempt from the remaining provisions of this chapter only if they meet the specific terms of this section. B. To be exempt from this chapter does not give permission to degrade a critical area or buffer or to ignore risk from natural hazards. All exempt activities must use reasonable methods to avoid potential impacts to critical areas and buffers. In every instance, disturbance to the critical area or buffer must be minimized through best management practices and the use of low-impact equipment. C. Any incidental damage to, or alteration of, a critical area or buffer that is not a necessary outcome of the exempted activity must be restored, rehabilitated, or replaced at the responsible party’s expense and will require the submittal of an approved mitigation plan. D. This chapter may not exempt an activity from the provisions of other city permits such as clearing and grading, or agency permit requirements such as a WDFW Hydraulic Project Approval, or US Army Corps of Engineers regulatory requirements. E. The burden of proof is on the applicant to bring forth evidence that the activity meets the precise description of the exemption pursuant to this section. F. The following activities are exempt from the provisions of this chapter, provided they meet the precise description stated herein. No further critical areas review is required. 1. Emergencies. Those activities necessary to prevent an immediate threat to public health, safety, or welfare or that pose an immediate risk of damage to private property that require remedial or preventative action in a timeframe too short to allow for compliance with the requirements of this chapter, if the following requirements are met: a. Only the minimum intervention necessary to reduce the risk to public health, safety, or welfare and/or the imminent risk of damage to private property may be authorized by this exemption. b. The alteration undertaken must be reported to the Director no later than 30 days after the alteration has occurred. The Director will then confirm that an emergency existed and determine what, if any, additional permits and/or measures are required of the property owner to protect the critical area(s) consistent with the provisions of this chapter, and to mitigate any damage to a pre-existing state. c. After the emergency, the person or agency undertaking the action must fully fund and conduct necessary site evaluations and critical area reports, mitigation plans, and restoration for any impacts to the critical area and buffers resulting from the emergency action pursuant to the review procedures of this chapter. Mitigation activities must be initiated within one year of the date of the emergency or as directed by the Department. d. If the Director determines that the action taken, or any part of the action taken, was beyond the scope of an allowed emergency action, or any required mitigation, the Director may take action to enforce the provisions of this chapter. 2. Landscape and garden maintenance. Maintenance of existing, lawfully established landscaping and gardens within a regulated critical area or its buffer including, but not limited to, cutting, mowing, weeding and hand removal of noxious and invasive species, harvesting and replanting of garden crops, pruning and planting of non-invasive ornamental vegetation or indigenous, native species to maintain the general condition and extent of such areas, provided that these maintenance activities do not further expand into critical areas or associated buffers, do not alter topography, do not destroy or clear native vegetation, do not remove non-hazard trees, and do not diminish water quality or quantity. Tree topping is considered a destructive vegetation practice and is not exempt. July 22, 2026 Planning Commission Meeting 117 Title 15 Amendments V1.0 July 22, 2026 a. Native growth protection area, vegetation conservation areas, mitigation sites, or other areas protected via permit conditions, conservation easements, or similar restrictive covenants are not covered by this exemption. 3. Passive outdoor activities. Low impact activities such as hiking, kayaking, fishing, bird watching, photography, education, or scientific research that do not involve modifying the land or vegetation, and that will not adversely affect the functions and values of the critical area or its buffer. 4. Trail maintenance. Maintenance, operation, repair, modification, or replacement of existing trails and trail-related facilities within publicly improved parks and recreation areas may be performed subject to the following: a) The activity does not involve the material expansion of facilities, disturbance to adjacent areas is minimized, and disturbed areas must be immediately restored; b) Work is conducted using best management practices; c) Biological characteristics of the critical area and its buffer are not impaired and adverse impacts are minimized; d) Where trail relocation is the least impactful method of repair, trail relocation, provided it is further away from the critical area, is not considered a new trail, but is included in the exemption for operation, maintenance, repair, or replacement. 5. Approved environmental cleanup projects. Activities undertaken to comply with a United States Environmental Protection Agency Superfund related order, or a Washington Department of Ecology order pursuant to the Model Toxics Control Act that specifically preempts local regulations in the findings of the order. 6. Forest practices regulated by the State. Forest practices regulated and conducted in accordance with the provisions of Chapter 76.09 RCW and forest practices regulations, Title 222 WAC, except for conversions to non-forestry uses. 15.22.080 Allowed uses or activities. A. Applicability. Allowed uses or activities are those uses or activities that are unlikely to result in an impact to the critical area or its buffer because of other regulations or previous reviews. The following activities are exempt from the critical areas review process, but not the protection standards set forth in this chapter; provided, that the activity or use is conducted in accordance with the applicable standards noted below. 1. Allowed activities must avoid impacts to critical areas. All allowed activities must use mitigation sequencing to avoid potential impacts to critical areas, using best management practices that result in the least amount of impact to the critical areas where practicable. Designation as an allowed activity does not give permission to degrade a critical area or ignore risk from natural hazards. Best management practices must be used for tree and vegetation protection, fish and wildlife protection, and regulation of chemical applications, all of which may be monitored by the City to ensure the activity does not result in degradation to the critical area or buffer. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the allowed activity must be restored, rehabilitated, or replaced at the responsible party’s expense within one year of the disturbance to the satisfaction of the Director. 2. The applicant must provide the Director an exemption request letter including drawings, plans, or other necessary documentation to determine whether additional City permits or approvals are needed to conduct the work. The letter must be submitted along with a critical area exemption application. 3. Unless otherwise specified, approval must be valid for one (1) year per activity allowed; provided that there is no change in the scope of the project, including, but not limited to, the location and/or extent of the activity allowed under the notification process. July 22, 2026 Planning Commission Meeting 118 Title 15 Amendments V1.0 July 22, 2026 4. Upon receipt of the application, the Director may condition and provide guidance on best management practices for tree and vegetation protection, construction management, erosion and sediment control, water quality protection, and use of chemical applications to be used in the execution of the following activities: a. Site investigation. Minimal site investigative work and studies necessary for land use submittals, such as surveys, soil logs, percolation tests, water quality studies, scientific research, wildlife studies, and other related activities, where such activities do not require construction of new roads, removal of native trees or shrubs, and only minimal amounts of excavation and disturbed areas that must be immediately restored. b. Projects previously reviewed for critical areas impacts. Development permits and approvals that involve both discretionary land use approvals and construction approvals that do not need to undergo a new critical areas review. c. Minor additions to and modifications of existing structures. Existing structures or improvements that do not meet the requirements of this chapter may be remodeled, reconstructed, or replaced provided that the new construction does not further disrupt the critical area or its buffer. d. Activities within the improved right-of-way. Replacement, modification, installation, or construction of utility facilities, lines, pipes, mains, equipment or appurtenances, when such facilities are located within the improved portion of the public right-of-way or a city authorized private roadway. Any activity that alters a wetland or watercourse or that may result in the transport of sediment or increased stormwater runoff must result in; i. Increased buffer widths equal to the width of the right-of-way improvement, including disturbed areas; and ii. Retention and replacement of native vegetation or non-invasive, non-native vegetation along the right-of-way and resulting disturbance. e. Operation, maintenance, or repair. The operation, maintenance, or repair of existing structures or infrastructure, provided the activity does not alter or increase impacts to critical areas and there is no increased risk to life or property. f. Minor utility projects. Utility projects with minor or short-duration impacts to critical areas and no significant impact on the function or values of a critical area, provided such projects are constructed with best management practices and additional restoration measures. Such allowed minor utility projects must meet the following criteria: i. There is no practical alternative with less impact on the critical area; ii. The activity involves the placement of a small utility facility such as a street sign or pole; and iii. The activity involves disturbance of an area less than seventy-five (75) square feet of the critical area and/or its associated buffer. g. Public and private pedestrian trails. Except for wetlands and fish and wildlife habitat conservation areas or their buffers, new public and private pedestrian trails must be allowed pursuant to the following criteria: i. Trails and related facilities must, to the extent feasible, be placed on existing levees, road grades, utility corridors, or any other previously disturbed areas; ii. Trails and related facilities must be planned to avoid or minimize the removal of trees, shrubs, snags, and important wildlife habitat. When trees must be removed, a replacement plan must be developed in accordance with the requirements of this chapter; July 22, 2026 Planning Commission Meeting 119 Title 15 Amendments V1.0 July 22, 2026 iii. Trail construction and maintenance must follow best management practices and minimize the use of impervious surface; iv. The trail surface must meet all other local, state, and federal requirements, including stormwater regulations. In areas where impervious trails and paths are used, permeable pavement must be used where feasible and must have a maintenance plan in place; and v. Trails proposed in geologically hazardous areas must be constructed to not increase the risk of landslide or erosion in accordance with an approved geotechnical report prepared by a qualified professional. h. Vegetation management practices. The following vegetation management practices within critical areas and their buffers are allowed: i. Removal of noxious weeds or invasive vegetation, as identified by the Washington State or Clallam County Noxious Weed Control Board with hand labor and light equipment. Chemical applications of herbicides may be used in accordance with the state Department of Fish and Wildlife Management Recommendations, the state Department of Agriculture, and the US Environmental Protection Agency; ii. Vegetation management consistent with a previously approved mitigation, restoration, remediation, or habitat enhancement project, provided that increased erosion, landslide, or other adverse impacts to the critical area do not result; iii. Non-destructive pruning and trimming of vegetation for maintenance purposes, provided that best management practices are utilized, and no more than 25% of the living canopy is removed over the course of one year. Tree topping is considered a destructive practice and is not allowed; iv. Thinning of limbs of individual trees to provide for viewshed enhancement that will not harm tree heath or vigor, using the pruning specifications set forth in the City of Port Angeles Urban Forest Management Plan. Tree topping is considered destructive practice and is not allowed; i. Removal of hazard trees. Trees that pose a risk to public safety, private or public infrastructure, as demonstrated by an ISA Certified Arborist with valid Tree Risk Assessment Qualification credentials, may be removed from critical areas or their buffer. The Arborist must prepare a report to be submitted with the application that addresses the following: i. A site plan identifying the location of the hazard tree(s) and their proximity to the critical area and any nearby targets; ii. A conclusion that the condition of concern constitutes a high risk to the targets identified or a threat to life or property; iii. Recommendations for mitigating the risk and what the residual risk is for each target identified; iv. If a tree to be removed provides critical habitat, such as an eagle perch or occupied nest, a qualified professional must be consulted to determine timing and methods of removal that will minimize and mitigate impacts; v. If a tree to be removed is within a geologically hazardous area or buffer, an evaluation of potential impacts on slope stability must be accompanied by a qualified professional, including recommendations for avoiding adverse impacts to slope stability. vi. A restoration plan for any removed tree or vegetation that includes species, size, and a maintenance plan. Trees and vegetation must be replaced at a 2:1 ratio using appropriate native species suitable to the project site. July 22, 2026 Planning Commission Meeting 120 Title 15 Amendments V1.0 July 22, 2026 15.22.090 Permitted uses or activities. A. Applicability. Uses permitted on properties which contain an area classified as a critical area must be the same as those permitted in the underlying zone. Each use must be evaluated in accordance with the review process required for the proposed use in the underlying zone in conjunction with the requirements of this chapter, state, and federal regulations. Nothing in this chapter is intended to preclude reasonable use of property. B. Review process. 1. A Type II critical area development permit is required for all permitted uses or activities, consistent with Chapter 18.02 PAMC. No permit may be issued unless it can be shown that the proposed development is fully consistent with the requirements of this chapter. The burden of proof is on the applicant to bring forth evidence in support of the application and upon which any decision has to be made on the application. 2. In addition to other project-related documents, all permitted land uses and developments proposed in an area listed, identified, inventoried, classified, or rated as a critical area must require supporting reports or studies, prepared by a qualified professional to describe the environmental limitations of the site, consistent with the requirements of sections 15.22110 and 15.22.120 PAMC. 3. No construction activity, including clearing and grading, must be permitted until the information required by this chapter is reviewed and approved by the City as adequate. C. In addition to the uses permitted in the underlying zone, the following land uses, activities, or developments are permitted pursuant to the requirements of this chapter. 1. Buffer modifications. An applicant may apply for buffer modifications including, increased buffer width, buffer averaging, and buffer alterations of critical areas as described specifically by this chapter. 2. Previously altered critical areas. If any portion of a critical area or its associated buffer has been altered from its natural state, the applicant may propose to develop within the altered area pursuant to the following decision criteria: a) The critical area was lawfully altered in accordance with the provisions of this chapter and any state and federal laws at the time the alteration occurred; b) The previous alteration has significantly disrupted the natural functions and values of the critical area; c) The new alteration does not further disrupt the natural functions and values of the critical area; d) The proposal uses to the maximum extent possible the beset available construction, design, and development techniques which result in the least adverse impact on the critical area; and e) The proposal is consistent with the purpose and intent of this chapter and incorporates all other development standards of this chapter stated herein. 3. Drainage facilities. Streams or wetlands and their buffers may be altered for use as a drainage facility provided that all requirements of the City of Port Angeles Stormwater Management Plan and all other local, state, and federal laws are satisfied, and so long as increased natural resource functions are achievable and the benefits outweigh any lost resource. The Director may approve drainage facilities in these areas only where they determine that long-term impacts are minimal or where there are no practicable or reasonable alternatives and mitigation is provided. 4. Utility location by a public agency or utility district. Every attempt must be made to avoid locating utilities within critical areas and their buffer. The Director may approve the siting of new public utilities in critical areas pursuant to the following criteria: July 22, 2026 Planning Commission Meeting 121 Title 15 Amendments V1.0 July 22, 2026 a) There is no other practical alternative to the proposed development with less impact on the critical areas. b) The application of the critical area regulations would unreasonably restrict the ability to provide utility services to the public. c) The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site. d) The proposal attempt to protect and mitigate to the critical area functions and values consistent with the best available science. e) The proposal is consistent with other applicable regulations and standards. f) Stream crossings, whether for access or utility purposes, must be avoided to the extent possible; but when necessary due to the lack of feasible alternatives, crossing of streams must follow all applicable local, state, and federal laws and the following criteria: g) Bridges are required for streams which support salmonids, unless otherwise allowed by the Washington State Department of Fish and Wildlife; h) All crossings using culverts must use superspan or oversize culverts; i) Any work within the stream channel must be constructed and installed per the requirements of an applicable State hydraulics permit; j) No work within the stream channel must occur in salmonid spawning areas; k) Bridge piers or abutments must not be placed in either the floodway or between the ordinary high water marks unless no other feasible alternative placement exists; l) Crossings must not diminish flood-carrying capacity; m) Crossings must provide for routine maintenance of culverts, bridges and utilities; and n) Crossings must serve multiple properties whenever possible. 15.22.100 Reasonable use exceptions. Exceptions to the development restrictions and standards set forth in this chapter may be permitted by application to the Director of Community and Economic Development. Reasonable use exceptions must be processed as a Type III permit pursuant to the provisions of this section and Chapter 18.02 PAMC, with a final decision made by the Hearing Examiner after reviewing the recommendation of the Director. A. Reasonable use development exceptions. An applicant may propose a reasonable use development exception only if all economic use of a property would otherwise be denied, pursuant to the following criteria: 1. The proposal is limited to the minimum necessary to fulfill reasonable use of the property, and there is no other reasonable economic alternative; 2. The proposal is compatible in design, scale, and use with other development or potential development in the immediate vicinity of the subject property in the same zone and with similar site constraints; 3. The proposal utilizes to the maximum extent possible the best available construction, design, and development techniques which result in the least adverse impact on the critical area or areas based on the best available science; 4. The proposal is consistent with the purpose and intent of this chapter and will result in no net loss of ecological functions and values of the critical area consistent with the best available science; 5. When the functions and values of the critical area or its buffer will be disrupted, the applicant has prepared a mitigation plan per the requirements in PAMC 15.22.13 to offset losses. July 22, 2026 Planning Commission Meeting 122 Title 15 Amendments V1.0 July 22, 2026 6. In geologically hazardous areas, a reasonable use exception may only be granted if a qualified professional has determined that the development will not pose a threat to public safety or property. B. Critical area variance. The city may approve or approve with modifications of conditions and application for a critical area variance if all the following criteria are satisfied: 1. Special circumstances exist that are particular to the land, the lot, or something inherent in the land, and that are not applicable to other lands subject to the provisions of this chapter; and 2. The proposed development does not pose a threat to adjacent property or to public health and safety; and 3. Any proposed modification to a critical area will be evaluated through consideration of a critical area report and mitigation plan prepared by a qualified professional pursuant to the requirements of this chapter, and will be the minimum necessary to allow reasonable and economically viable use of the property. The report and mitigation plan must be prepared using best available science; and 4. Mitigation sequencing per PAMC 15.22.130 has been applied, and the proposal mitigates impacts to the critical area or buffer on site to the maximum extent possible, while still allowing reasonable use of the lot. Off-site mitigation may only be utilized when deemed necessary to achieve no net loss of ecological functions and values; and 5. 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; and 6. The granting of the variance is consistent with the general purpose and intent of the City of Port Angeles Comprehensive Plan, Climate Resiliency Plan, and other applicable planning policies. ARTICLE II. CRITICAL AREAS REVIEW PROCEDURES 15.22.110 Critical area report. A. Report required. All land uses and developments proposed in an area listed, identified, inventoried, classified, or rated, or likely to affect, one or more critical areas or within the required buffer, must include supporting reports or studies, prepared by a qualified professional, to describe the environmental limitations of the site. No construction activity, including clearing or grading, will be permitted until the information required by this chapter is reviewed and approved by the City as adequate. B. Critical area report types or sections. A critical area report must contain one or more of the following sections or report types unless exempted by the Director based on the extent of the potential impacts to the critical area or its associated buffer. The typical sequence of required sections or reports that will fulfill the requirements of this section include: 1. Reconnaissance. The existence, general location, and type of critical areas on, adjacent to, or likely to be impacted by activities on a project site. Determination of whether the project will adversely impact or be at risk from the potential critical areas based on maximum potential buffers for the critical area type. Possible application of exemptions should also be addressed at this stage; 2. Delineations. The extent, field verified boundaries, rating or classification, and applicable standard buffers of critical areas where the project area could impact the critical area or its buffer. An assessment of the characteristics of, or functions and values of the critical area and buffers must be identified; 3. Analysis. The proposal and impact assessment report documenting the potential project impacts to the critical area and buffers including a discussion of the efforts taken to avoid, minimize, and reduce potential impacts to those areas. July 22, 2026 Planning Commission Meeting 123 Title 15 Amendments V1.0 July 22, 2026 4. Mitigation. The measures that prevent or compensate for the potential impacts of the project designed to meet the requirements of this chapter, mitigation plan requirements defined in PAMC 15.22.13, and the standards for the specific critical area(s) impacted. Mitigation plans include, but are not limited to, habitat management plans, revegetation or replanting plans, and restoration plans; 5. Maintenance and monitoring. The goals of the mitigation proposed, performance standards for success, monitoring methods and reporting schedule, and contingency actions. Maintenance and monitoring plans must be consistent with the mitigation performance standards and requirements of this chapter, including the specific mitigation plan requirements outlined in each critical area type section. 15.22.120 Minimum report requirements. The critical area report must use scientifically valid methods and studies in the analysis of critical area data and field reconnaissance and reference the source of science used. The critical area report must evaluate the proposal and all probable impacts to critical areas and/or buffers in accordance with the provisions of this chapter. At a minimum, critical area reports must contain the following: A. The name and contact information of the applicant, a description of the proposal, and identification of the permit requested; B. A copy of the site plan for the development proposal showing: 1. The field verified location of the critical area, applicable buffer, and the development proposal with dimensions and setbacks; 2. Limits of any areas to be cleared for the proposed development, any vegetation to remain, and a description of the proposed stormwater management plan for the development and consideration of impacts to drainage alterations. C. The dates, names, and qualifications of the persons preparing the report and documentation of any site investigations performed on the site; D. Identification and characterization of all critical areas and buffers adjacent to the proposed project area; E. A statement specifying the accuracy of the report, and all assumptions made and relied upon; F. An assessment of the probably cumulative impacts to critical areas resulting from the proposed development, including a landscape-scale assessment of the affected critical area; G. An analysis of site development alternatives, if applicable; H. A description of reasonable efforts made to apply mitigation sequencing pursuant to section 15.22.130 PAMC to avoid, minimize, and mitigate impacts to critical areas and buffers; I. Mitigation plans, as needed, to ensure no net loss of functions and values, in accordance with the mitigation plan requirements in section 15.22.140 PAMC. Where feasible, applicants are encouraged to strive for net ecological gain of the impacted critical area; J. A discussion of the performance standards applicable to the critical area and proposed activity; K. Financial guarantees to ensure compliance; and L. Any additional information required for the critical area as specified in the corresponding Article. 15.22.130 Mitigation sequencing. This section applies to mitigation required for all critical area reviews, approvals, and enforcement pursuant to this chapter. This section is supplemented with specific measures under sections for particular critical area types. Mitigation for specific development proposals may include a combination of the measures below and must be designed and constructed in accordance with the provisions of this section. Before impacting any critical area or its July 22, 2026 Planning Commission Meeting 124 Title 15 Amendments V1.0 July 22, 2026 buffer, an applicant must demonstrate that the following actions have been taken to achieve no net loss of functions and values, in the following sequential order: A) Avoiding the impact altogether by not taking a certain action or parts of actions; B) Minimizing impacts by limiting the degree of magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing to avoid or reduce impacts; C) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; D) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; E) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or F) Monitoring the impact and taking appropriate corrective measures. 15.22.140 Mitigation plan requirements. When the functions and values of a critical area or its buffer will be impacted, a mitigation plan must be prepared by a qualified professional utilizing mitigation sequencing as described in section 15.22.130 PAMC. Mitigation must be sufficient to restore impacted functions and values, or compensate for the impacted functions and values. At a minimum, the mitigation plan must consist of the following: A. Baseline information. Quantitative data must be collected and analyzed for both the impacted critical area and the proposed mitigation site, if different from the impacted area. B. Environmental goals and objectives. Goals and objectives describing the purposes of the mitigation measures must be provided, including a description of the site selection criteria, identification of target evaluation species, and resource functions. The goals and objectives must be related to the functions and values of the impacted critical area and consistent with the best available science. Where feasible, applicants are encouraged to strive for net ecological gain of the impacted critical area; C. Performance standards. Specific criteria for fulfilling the environmental goals and objectives, and for beginning remedial action or contingency measures must be provided, including water quality standards, species richness and diversity targets, habitat diversity indices, or other ecological, geological, or hydrological criteria; D. Detailed construction plan. Written specifications and descriptions of mitigation techniques must be provided, including the proposed construction sequence, accompanied by detailed site diagrams and blueprints that are an integral requirement of any development proposal. E. Monitoring program. A program outlining the approach for assessing a completed project must be provided, including descriptions or proposed experimental and control site survey or sampling techniques. A monitoring protocol must be included outlining how the data will be evaluated by agencies that are tracking the progress of the mitigation project. Updates must be submitted at least twice-yearly documenting milestones, successes, issues, and contingency actions of the restoration or compensation project, for a minimum of two years as required by the Director. F. Contingency plan. A plan must be provided fully identifying potential courses of action and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met. G. Performance and maintenance securities. Securities ensuring fulfillment of the mitigation project, monitoring program, and any contingency measures must be posted pursuant to section 15.22.180 PAMC. 15.22.150 Critical area tracts. July 22, 2026 Planning Commission Meeting 125 Title 15 Amendments V1.0 July 22, 2026 As a condition of any permit issued pursuant to this chapter, the permit holder may be required to create a separate critical area tract or tracts containing the areas determined to be a critical area in field investigations performed pursuant to this chapter. Critical area tracts are legally created tracts containing critical areas and their buffers that must remain undisturbed in perpetuity. Critical area tracts are an integral part of the lot in which they are created, are not intended for sale, lease or transfer, and must be included in the area of the parent lot for purposes of subdivision methods and zoning regulations. A. Legal protection of critical area tracts. When the Director of Community and Economic Development requires the creation of a critical area tract as a condition of any permit issued pursuant to this chapter, the critical area tract or tracts must be protected by one of the following methods to be determined by the Director of Community and Economic Development: 1. Easement. The permit holder must convey an irrevocable offer to dedicate to the City of Port Angeles, or other public or non-profit entity specified by the Director of Community and Economic Development, an easement for the protection of the critical area; or 2. Deed restriction. The permit holder must establish and record a permanent and irrevocable deed restriction on the property title of all lots containing a critical area tract or tracts created as a condition of any permit. Such deed restriction(s) must prohibit in perpetuity the development, alteration, or disturbance of vegetation within the critical area tract, except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the City of Port Angeles and any other agency with jurisdiction over such activity. The deed restriction must also contain the following language: "Before beginning, and during the course of any grading, building construction, or other development activity on a lot or development site subject to this deed restriction, the common boundary between the area subject to the deed restriction and the area of development activity must be fenced or otherwise marked to the satisfaction of the City of Port Angeles". Additional note. The following note must appear on the face of all plats, short plats, PRDs, or other approved site plans containing separate critical area tracts and must be recorded on the title of record for all affected lots: "NOTE: All owners of lots adjoining separate critical area tracts identified as critical area easements or protected by deed restriction are responsible for maintenance and protection of the tracts. Maintenance includes ensuring that no alterations occur within the separate tract and that all vegetation remains undisturbed for other than natural reasons, unless the express written authorization of the City of Port Angeles has been received." B. Identification of critical area tracts. The common boundary between a separate critical area tract and the adjacent land must be permanently identified. 1. Signs. Identification must include permanent signs available from the Planning Division. Sign locations, wording, and size specifications must be approved by the Director of Community and Economic Development. 2. Fencing. The Director of Community and Economic Development may require permanent fencing for the purpose of delineating the critical area tract or tracts. C. Maintenance of critical area tracts. Responsibility for maintaining critical area tracts must be held by either the property owner, a homeowners' association, adjacent lot owners, the permit applicant or designee, or other appropriate entity as approved by the Director of Community and Economic Development. 15.22.160 Field identification and markings. A. Temporary field marking during construction. The outer perimeter of the critical area buffer and the clearing limits identified by an approved permit or authorization must be marked in the field with temporary “clearing limits” fencing in such a way as to ensure that no unauthorized intrusion will occur. This temporary marking and fencing must be maintained throughout development and may not be removed until permanent fencing and/or signs, if required, are installed. July 22, 2026 Planning Commission Meeting 126 Title 15 Amendments V1.0 July 22, 2026 B. Permanent field marking. The decision maker may require installation of permanent signs, markers, and fencing along the outer perimeter of a critical area or its buffer when it is determined necessary to protect the critical area’s functions and values. Permanent fencing must be installed prior to final project approval or occupancy, as determined by the decision maker, consistent with the criteria in 15.22.150 PAMC. C. Maintenance and replacement. It is the responsibility of the landowner, successors, or as otherwise assigned to maintain in perpetuity and replace, if necessary, all permanent fencing and field markings. 15.22.170 Development plan review, monitoring, and inspections. A. The Director may require third party project building and development plans be reviewed by a qualified professional for confirmation of consistency with the critical area report and recommendations prior to approval of construction plans. B. The Director may require monitoring by a qualified professional during development activities within, or adjacent to, critical areas or buffers and/or a final inspection report by the qualified professional stating that development has or has not implemented the conditions design specifications provided in the project’s critical area report, and evaluation of any deviation from the recommendations. C. When the Director determines that such services are necessary to demonstrate compliance with the provisions of this chapter, they will be at the applicant’s expense. 15.22.180 Financial guarantee requirements. A. Performance securities. The Director of Community and Economic Development may require the applicant of a development proposal to post a cash performance bond or other acceptable security to guarantee that the applicant will properly construct all structures and improvements as required by this chapter. The security must guarantee that the work and materials used in construction are free from defects. All securities must be on a form approved by the Director of Community and Economic Development. Until written release of the security, the security may not be terminated or canceled. The Director of Community and Economic Development must release the security upon determining that all structures and improvements have been satisfactorily constructed and upon the posting by the applicant of a maintenance security if one is required. B. Maintenance securities. The Director of Community and Economic Development may require the applicant to post a cash maintenance bond or other acceptable security guaranteeing that structures and improvements required by this chapter satisfactorily perform for a minimum of two years. This requirement must also apply in the case of required mitigation improvements. All securities must be on a form approved by the Director. Until written release of the security, the principal or surety may not be terminated or canceled. The Director must release the security upon determining that performance standards established for evaluating the effectiveness and success of the structures and improvements have been satisfactorily met. The performance standards must be approved by the Director and contained in the mitigation plan developed and approved during the review process. C. Renewable bonds. Any bonds required by this section may be in the form of one-year bonds to be renewed as appropriate. 15.22.190 Unauthorized critical area modifications. Violations of this chapter must be subject to the enforcement provisions of the Port Angeles Municipal Code. 15.22.200 Final decision and appeals. A. Final decisions. All project permit determinations made pursuant to this chapter must be final concurrent with the final decision to approve, condition, or deny the underlying permit for the development proposal or other activity involved unless appealed pursuant to PAMC 18.02.220 and 18.02.230. July 22, 2026 Planning Commission Meeting 127 Title 15 Amendments V1.0 July 22, 2026 B. Appeals. Any decision to approve, condition, or deny a development activity proposal or other activity based on the requirements of this chapter may be appealed pursuant to PAMC 18.02.220 and 18.02.230. CHAPTER 15.24 Wetlands Protection (MOVED TO CHAPTER 15.22) This chapter is hereby deleted in its entirety and moved to a new chapter 15.22 for replacement. July 22, 2026 Planning Commission Meeting 128 Total Engagements YTD:% Change vs Last Year:Avg Daily Engagements YTD:% Timely Responses: Counter Visits = In-person front desk visits. Emails Sent = Messages sent through the permits inbox to applicants. Phone Calls = Customer phone calls logged. Timely Responses = Customer inquiries that receive a response within two business days of the initial contact. The CED Technicians have managed over 4,100 interactions so far this year, with nearly 98% of inquiries responded to within 2 business days. CED Customer Service Report - June 2026 +13.8%4,127 22.8 97.2% 29% 57% 14% Customer Engagement Counter Visits Emails Sent Phone Calls 805 2371 951 COUNTER VISITS EMAILS SENT PHONE CALLS Engagement Type –YTD 2026 YTD Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2025 464 553 640 644 730 594 617 571 690 750 526 668 2026 473 542 550 772 703 1087 400 500 600 700 800 900 1000 1100 To t a l I n t e r a c t i o n s Monthly Engagment Trend 0 200 400 600 800 1000 1200 Jan Feb Mar Apr May Jun Timely Response Rate -YTD Total Interactions Timely Responses July 22, 2026 Planning Commission Meeting 129 Total Permits YTD:% Change vs Last Year:% Same-Day Processing YTD:% Timely Issuance YTD: Over-the-Counter permits are completed quickly averaging less than 1 business day from intake to issuance with nearly 83% processed the same day Same-Day Processing = Measures the time from when an application is received until fees are sent. Counted as “Same-Day” if fees are sent the same business day. Timely Issuance = Measures the time from when payment is received until the permit is issued. Counted as “Timely” if issued within one business day of payment. Note: Customer payment delays are not included in these times. CED Over-the-Counter Permit Report – June 2026 221 +34.8%82.8%97.3% 71 3 2 2 31 81 0 10 20 30 40 50 60 70 80 90 Vendor Inspection Only Fire Solar Plumbing Re-Roof/Re-Side Mechanical Permits by Type -YTD 93%100% 86%83%83%88%88% 0% 20% 40% 60% 80% 100% Same-Day Processing Rate 17 28 27 28 29 35 32 51 28 27 27 23 27 40 27 31 60 36 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Permits Issued by Month Permits 2025 Permits 2026 0.0 0.2 0.4 0.6 0.8 1.0 1.2 Average Staff Time by Type (Days) July 22, 2026 Planning Commission Meeting 130 *If we ask for more information about a project and the applicant takes longer than 60 days to respond, the City may add up to 30 extra days to the overall review time for the application, as allowed under Port Angeles Municipal Code (PAMC) 18.02.170(G) and (H). CED SB 5290 Report - Jun 2026 TYPE I - Allowed, Permitted, or Accessory Uses Not Requiring Notice of Application; Building Permits Categorically Exempt from SEPA; Business Licenses; Clearing and Grading Permits; Critical Area Exemptions; Director's Determinations¹; Electrical Permits; Environmentally Sensitive Area Permits and Extensions; Fee Waivers; Final Binding Site Plans; Final Boundary Line Adjustments; Final Overlay Zones; Final Planned Residential Development (PRD); Final Plats; Final Short Plats; 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; 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; NICE Grants; Preliminary Boundary Line Adjustments; Preliminary Short Plats; Regulatory Mobile or Itinerant Vendor Permit; Reasonable Use Exceptions; Right- of-Way Construction Permits; Sales and Use Tax Grants; Shoreline Exemptions; Sign Permits; Short-Term Lodging Licenses; Site Plan Review; Temporary Uses Up to One Year; Utility Feasibility Requests; Wetland Permit Extension; Wetland Temporary Emergency Permit. TYPE II - Administrative Conditional Use Permits; Administrative Conditional Use Permits Required for Transitional Housing Facilities 1–4 Units; Building Permits Requiring SEPA; Cottage Industries; Discretionary Conditional Use Permits; Major Mobile or Itinerant Vendor Hosting Site Plan Review; Minor Plat Amendment; Minor Variances; Preliminary Binding Site Plan; Preliminary Unit Lot Subdivision; SEPA Review (Not Associated with a Public Hearing); Shoreline Substantial Development Permits²; Temporary Housing Facilities; Wetland Permits. TYPE III - Conditional Use Permits; Conditional Use Permits Required for Transitional Housing Facilities 5+ Units; Major Amendments to an Approved Plat or Planned Residential Development; Major Variances; Minor Deviations 21–30%; Plat Vacation; Preliminary Overlay Zones; Preliminary Plats; Preliminary Planned Residential Development (PRD); SEPA Review (Associated with a Public Hearing); Shoreline Conditional Uses; Shoreline Substantial Development Permits³; Shoreline Variances; Temporary Uses – One to Five Years; Unclassified Use – TYPE IV - Site S ecific Rezones. TYPE V - Amendments to Development Regulations; Amendments to the Port Angeles Municipal Code; Annexations; Area-Wide Rezones; Comprehensive Plan Amendments; Development Agreements; Master Land Use, Subarea, Functional, and/or Utility Plans and Amendments; Shoreline Master Program Adoption and Amendments. NOTES: 1. See PAMC 18.02.240 for applicable procedures. 2. Only 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. 23 27 6 0 0 0 5 10 15 20 25 30 <14 Days 15-30 Days 31-65 Days 66-100 Days 101-170 Days Nu m b e r o f P e r m i t s I s s u e d Total Number of Days for Permit Review Permit Type I (65 Day Deadline*) 0 0 0 0 0 0 1 2 3 4 5 <14 Days 15-30 Days 31-65 Days 66-100 Days 101-170 Days Nu m b e r o f P e r m i t s I s s u e d Total Number of Days for Permit Review Permit Type II (100 Day Deadline*) 0 0 0 0 0 0 1 2 3 4 5 <14 Days 15-30 Days 31-65 Days 66-100 Days 101-170 Days Nu m b e r o f P e r m i t s I s s u e d Total Number of Days for Permit Review Permit Type III (170 Day Deadline*) 0 0 0 0 0 0 1 2 3 4 5 <14 Days 15-30 Days 31-65 Days 66-100 Days 101-170 DaysNu m b e r o f P e r m i t s I s s u e d Total Number of Days for Permit Review Permit Type IV (170 Day Deadline*) 0 0 0 0 0 0 1 2 3 4 5 <14 Days 15-30 Days 31-65 Days 66-100 Days 101-170 DaysNu m b e r o f P e r m i t s I s s u e d Total Number of Days for Permit Review Permit Type V (No Deadline*) July 22, 2026 Planning Commission Meeting 131 CED Affordable Housing Report - June 2026 Type JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 2026 YTD 2025 YTD SUT - HB 1406 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SUT - HB 1590 $0.00 $0.00 $0.00 $9,000.00 $91,006.37 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $100,006.37 $50,000.00 FWP $97,226.99 $1,065.00 $31,983.63 $0.00 $35,265.00 $101,704.86 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $267,245.48 $87,941.26 NICE- Small Scale $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 NICE - Medium Scale $0.00 $0.00 $0.00 $21,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $21,000.00 $0.00 NICE - Large Scale $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $46,750.00 TOTAL CITY INVESTMENTS $97,226.99 $1,065.00 $31,983.63 $30,000.00 $126,271.37 $101,704.86 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $388,251.85 $184,691.26 PRP 4 2 2 2 0 1 0 0 0 0 0 0 11 9 MFTE 0 4 0 0 0 0 0 0 0 0 0 0 4 4 Key SUT- HB 1406 SUT- HB 1590 FWP NICE - Small Scale NICE - Medium Scale NICE - Large Scale PRP MFTE Multi Family Tax Exemption. Contracts are shown in the month they were executed between developer and City, minimum number of estimated new dwelling units listed. Final dwelling unit counts will be determined at permitting/approval phase, and will be detailed on Please Note: City staff invest considerable time to proactively engage with prospective housing developers in order to amplify these critical City programs. This report only includes one stage of this important process. New Improvements for Community Enhancement of Neighborhoods Projects (≤ $14,999). Grants are shown in the month that the contract was fully executed between the developer and the City. New Improvements for Community Enhancement of Neighborhoods Projects ($15,000-$24,999). Grants are shown in the month that the contract was fully executed between the developer and the City. New Improvements for Community Enhancement of Neighborhoods Projects (≥ $25,000). Grants are shown in the month that the contract was fully executed between the developer and the City. Permit Ready Plans. Plans are shown in the month they were shared with prospective developer, minimum number of estimated new dwelling units listed. Final dwelling unit counts will be determined at permitting/approval phase, and will be detailed on the monthly July 22, 2026 Planning Commission Meeting 132 CED Building Report - June 2026 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 2025 YTD 0 0 1 0 1 0 0 0 0 0 0 0 3 $0.00 $0.00 $3,000.00 $0.00 $8,268.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,068,722.00 2 2 6 9 7 6 0 0 0 0 0 0 38 $8,007.00 $11,713.00 $116,130.00 $841,149.00 $151,714.00 $219,289.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,580,877.00 Certificate of Occupancy 1 0 0 0 0 0 0 0 0 0 0 0 N/A 1 0 1 1 0 0 0 0 0 0 0 0 0 $7,000,000.00 $0.00 $1,019,685.00 $3,100,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 0 1 0 0 0 0 0 0 0 0 0 2 $0.00 $0.00 $4,500,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,702,099.00 Certificate of Occupancy 0 0 0 0 0 0 0 0 0 0 0 0 N/A 0 0 0 0 0 0 0 0 0 0 0 0 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $56,000,000.00 0 0 0 0 0 0 0 0 0 0 0 0 4 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,021,000.00 Certificate of Occupancy 0 0 0 0 0 0 0 0 0 0 0 0 N/A 4 0 2 0 1 4 0 0 0 0 0 0 2 $2,120,000.00 $0.00 $327,936.00 $0.00 $680,190.00 $2,120,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $800,000.00 2 2 0 0 2 0 0 0 0 0 0 0 5 $407,313.00 $130,000.00 $0.00 $0.00 $267,680.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $857,354.00 1 0 4 0 1 1 0 0 0 0 0 0 7 $224,352.00 $0.00 $515,807.00 $0.00 $400,000.00 $632,337.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,873,296.00 1 0 2 1 2 3 0 0 0 0 0 0 5 $170,517.00 $0.00 $86,690.00 $20,000.00 $105,552.00 $577,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $437,224.00 19 32 18 31 29 32 0 0 0 0 0 0 164 $251,345.00 $322,685.00 $201,849.00 $557,995.00 $753,323.00 $508,882.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,971,802.00 Certificate of Occupancy 2 0 0 0 0 0 0 0 0 0 0 0 N/A Comm 0 0 2 0 1 0 0 0 0 0 0 0 6 Res $0.00 $0.00 $15,200.00 $0.00 $7,734.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $85,880.00 30 36 37 42 44 46 0 0 0 0 0 0 237 $10,181,534.00 $464,398.00 $6,786,297.00 $4,519,144.00 $2,374,461.00 $4,057,508.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $69,398,254.00 $106,793.40 $20,095.63 $100,441.68 $89,033.73 $44,118.65 $62,333.96 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $770,361.82 3 2 4 2 4 2 0 0 0 0 0 0 16 0 0 1 0 1 2 0 0 0 0 0 0 4 2 3 8 0 4 0 2 8 0 0 0 0 0 0 22 8 4 1 0 4 0 1 1 0 0 0 0 0 0 7 2 7 2 2 0 0 2 0 0 0 0 0 0 0 6 7 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11 2 9 0 6 11 0 0 0 0 0 0 39 19 19 17 Demolition and Moving Repair and Alteration 161 $2,596,079.00 $422,817.05 $28,383,342.00 3 $22,934.00 235 9 $959,759.00 2 $0.00 0 0 $0.00 11 $5,248,126.00 6 $804,993.00 7 $1,772,496.00 3 $11,119,685.00 0 0 $4,500,000.00 1 2026 YTD 2 $11,268.00 1 32 $1,348,002.00 italics are at various stages of staff review. Additionally, not all applicants have submitted a complete application at this time. While we expect the majority to advance through the review process, it is possible that some may experience the need for additional review. Total Dwelling Units New Single Family New Accessory Structure Res Dwelling Units - Duplex New Construction New Multi Family New Manufactured Home Business Certificate of Occupancy Permit Fees Paid Total Permits Issued Total Construction Valuation Repair and Alteration Comm Ind Public New Construction New Construction Repair and Alteration Repair and Alteration July 22, 2026 Planning Commission Meeting 133 CED Business License Report - Q2 2026 * Deliquent Licensees: All records are being reviewed to confirm whether a business is still operating in the city, has relocated, or simply failed to renew with the Washington State Department of Revenue. Local businesses operating without a valid business license will receive 30, 60, 90-day, warning and fine notices from the City. Program Effective Date: The City's Business License Program was launched Q3 of 2025. Businesses operating in Port Angeles City Limits were not previously required to obtain a Port Angeles Endorsement on their Washington State Business License. ** Number of employees: This data is voluntary and not required in order to receive a business license. Information obtained by the City has been self-reported and is not necessarily representative of all licensed businesses in Port Angeles. *** Licenses Issued by Industry: North American Industry Classification System (NAICS) codes are voluntarily reported. Information obtained by the City has been self-reported and is not necessarily representative of all licensed businesses in Port Angeles. General Business Licenses Issued - Q2 2026 298 Year to Date All Licenses 595 Non-Profit Licenses Issued - Q2 2026 5 17 0 5 34 7 15 28 2 10 29 8 5 0 50 100 150 200 250 300 350 400 Q1 General Business Q1 Non- Profit Q2 General Business Q2 Non- Profit Q3 General Business Q3 Non- Profit Q4 General Business Q4 Non- Profit Licenses Issued by Quarter - Q2 2026* 2025 2026 2 3 3 4 5 5 7 8 10 15 15 20 27 35 35 57 0 10 20 30 40 50 60 Transportation and Warehousing Agriculture, Forestry, Fishing and Hunting Educational Services Wholesale Trade Real Estate and Rental and Leasing Manufacturing Finance and Insurance Information Arts, Entertainment, and Recreation Other Services Health Care and Social Assistance Accommodation and Food Services Administrative & Support / Waste Management Professional, Scientific, and Technical Services Retail Trade Construction Licensed Issued by Industry - Q2 2026*** 1-5 employees, 87.0% 6-10 employees, 7.3% 11-20 employees, 4.4% 21 or more employees, 1.5% Licensed Businesses by Number of Employees - Q2 2026** 73 56 60 11 19 0 10 20 30 40 50 60 70 80 30-Day Notices 60-Day Notices 90-Day Notices Warning Notices Fine Notices Delinquent License Notices by Quarter - Q2 2026* July 22, 2026 Planning Commission Meeting 134 July 22, 2026 Planning Commission Meeting 135 1 CED Grant Report 2026 Q2 ACTIVE GRANTS Parking and Business Improvement Area (PBIA) & Port Angeles Waterfront District (PAWD) $4,365.20 distributed in Q1; Pending Q2 total from the Finance Department PBIA Funds N/A Port Angeles Waterfront District Three-year contract approved by City Council on December 3rd, 2024. Contract executed on December 17th, 2024, and valid through December 31, 2027. N/A • PAWD reporting demonstrated the following: o Continued to hold monthly Elevate PA meetings. o Continued engagement in various marketing, communications and outreach efforts utilizing social media to promote district activity and community engagement. o Maintained open and effective communications with the PAWD members, developing a list of needs, concerns, successes, and plans, all of which are included in the full Q1 report provided by PAWD. Some concerns expressed by businesses include the status of stalled projects, blighted properties downtown, and public and personal safety specific to the downtown corridors. The full list of concerns, needs, and successes can be provided upon request. o Continued efforts to become a Main Street Community in 2026. o Continued PBIA database maintenance and updates. o Joined the Laurel Street Stairs Redesign Sub-Committee to help guide the redesign process. o Support from the Economic Vitality Committee on vacant spaces inventory downtown and why those spaces are vacant to address solutions moving forward. o Street Pole Banners were brought back in Q2 and were installed in late June. July 22, 2026 Planning Commission Meeting 136 2 Department of Commerce: Urban Forestry Program $109,000 Washington Department of Commerce; Climate Commitment Act 26-63117-005 WA Department of Commerce Contract period is July 1, 2025 – June 30, 2027. The City will be responsible for providing all but one of the deliverables under the grant agreement. AKS Engineering & Forestry was selected to conduct an Urban Tree Canopy Assessment and Stream Assessment that will be used to develop the Urban Forestry Management Plan. • An Urban Forestry Tiger Team has been established. This team consists of members from the Community and Economic Development Department, Parks and Recreation Department, and Public Works & Utilities Department. The team has continued to work together to meet the deliverables of the grant which are also in alignment with the updates to the Critical Areas Ordinance. • Deliverable 1 was submitted to the Department of Commerce in April and included the Urban Forestry Program Outline, with specific goals and policies identified, as well as an audit of the existing critical areas and urban forestry codes. • Six submissions were received in response to an RFQ to perform an updated Urban Tree Canopy Assessment and Stream Assessment. The Urban Forestry Tiger Team reviewed and scored all submissions and selected AKS Engineering & Forestry as the most qualified firm. Their selection was approved at the May 19th City Council meeting, and a contract was awarded in a NTE amount of $33,195. • Initial meetings were held with the Planning Commission and the external Stakeholders working group for the critical areas code amendments. Pre-Development Technical Assistance – Multifamily Housing Pipeline Project $1,988,500 Washington Department of Commerce; Housing Trust Fund 25-94110-003 A development partner will be selected by Q2 of 2027. July 22, 2026 Planning Commission Meeting 137 3 Status: Contract period is February 19, 2026 - June 30, 2027 Dialog – Design Services Only • In April, the City received 12 RFP responses from architecture and engineering firms for the Multifamily Housing Pipeline Project Request for Proposals for the Design Services Phase. • On April 15, 2026, City staff from the Community and Economic Development Department and Public Works and Utilities Department evaluated and scored each proposal and chose the top four most qualified firms to move on to the next steps. • On April 17, 2026, City staff organized interview presentations with external partners to recommend a firm for contract award. Representatives from the City Manager's office, the builders' community, the business community, and housing providers chose Dialog as the preferred candidate. • Between April 17 and June 16, City staff met with Dialog five times to negotiate the scope of work and timeline. • On June 16, 2026, the City Council approved Dialog as the chosen design firm for design services. The contract was executed, and work is underway with virtual and in-person internal team kickoffs for the project in July. Clallam County Economic Development Council $20,000 General Fund N/A Clallam County Economic Development Council Contract period is January 1st, 2026 – December 31st, 2026 N/A • Clallam Economic Alliance met two times to compile potential 2027 Legislative Priorities. • Executed a contract to support due diligence activities associated with repurposing the McKinley Mill. • Initiated one new business contract for research and development. • Provided existing business support to 11 different businesses including manufacturing, restaurants, welding, four personal services, developers, cabinetry makers, landscapers, and an art studio. July 22, 2026 Planning Commission Meeting 138 4 • Provided startup assistance to seven new businesses including property management, filmmaking, wildlife retreat, three professional services, and a restaurant. • Continued to offer trainings and workshops with various partners, including the Opportunity Zone 2.0, Small Business Innovation Research (SBIR) Program, Clallam EDC Annual Gala, and EDC Membership Night. Accelerating Procurement Excellence (APEX) Accelerator $10,000 General Fund N/A Accelerating Procurement Excellence (APEX) Accelerator Contract period is January 1st, 2026 – December 31st, 2026 N/A • Continued to focus on 2026 priorities including holding more in-person events for contractors and local agency staff, increasing marketing and outreach, expanding visibility to the program, and partnering with agencies that will benefit local businesses. • Provided support to 39 businesses within the City. • Assisted eight (8) new small businesses to be government contracting-ready. • Assisted three (3) businesses with critical and emerging technologies. • Enrolled two (2) new Certified Business within the City. • To-date, contracts received by all NOP APEX clients totals $17,410,100.20. Lodging Tax Annual Fund Allocation $1,836,045 Loding Tax Funds N/A Please see the ‘Q2 Deliverables’ section below. All round one and round two awardees have received their contracts and invoices have been received from numerous recipients. The CED team continually disburse funds as reimbursement requests come in. Lodging Tax funds are used to support the following annual contracts and expenses: • Port Angeles Regional Chamber of Commerce – Visitor Center Operations: $142,342 July 22, 2026 Planning Commission Meeting 139 5 • Wander Fuca – Destination Marketing Campaign: $266,000 • City of Port Angeles ROW Coverage Costs – NTE $10,000 • City of Port Angeles Expenses for LTAX Related Work – $55,824 Organization Name Lincoln Park BMX Association Peninsula Trails Coalition Juan de Fuca Foundation for the Arts Hurricane Ridge Winter Sports Education Foundation Olympic Peninsula Tourism Commission Peninsula High School Band Boosters The Hubbub, LLC Affordable Housing Programs $388,251.85 Sales and Use Tax funds, Fee Waivers, and NICE funds. N/A Please see the ‘Q2 Deliverables’ section below. Contractor: N/A Fee Waiver Program Grants • The City waived $136,969.86 in building, land use, fire, engineering, and public works fees for twelve eligible residential projects. Sales and Use Tax Funds • $9,000 to the Olympic Home Share for the Nesterly Program Start-up. • $91,006.37 to 4PA for their common living space. NICE Neighborhood Funds July 22, 2026 Planning Commission Meeting 140 6 • $21,000 for the installation of a fire hydrant along Lauridsen Blvd. Façade Grant Program $10,000 $40,726.15 CDBG program income funds. N/A Please see the ‘Q2 Deliverables’ section below. Contractor: N/A • Clallam County Genealogical Society applied for a Façade Improvement Grant at their building located at 403 E 8th St. The application was approved by the Planning Commission at the May 27th meeting in the amount of $10,000. No payments have been disbursed yet. CLOSED GRANTS None to report for Q2. July 22, 2026 Planning Commission Meeting 141 MCA 26-0180: Municipal Code Amendment Planning Commission Public Hearing City of Port Angeles | Community and Economic Development Presented by: Angel Torres Long Range & Special Projects Administrator Background Overview This citywide, non- project legislative amendment updates local development regulations to address state legislation incorporated into the Growth Management Act. Affected Titles ●Title 14 Buildings & Construction ●Title 17 Zoning ●Title 18 Growth Management July 22, 2026 Slide 2 Primary Subjects ●Housing and Parking ●Child care ●Essential public facilities ●Permit procedures ●Comprehensive Plan amendment procedures Background: Legislation Addressed July 22, 2026 Slide 3 Key Legislative Drivers ●ESHB 2266: Transitional housing and permanent supportive housing ●2SHB 1859: Affordable housing on religious organization property ●ESSB 5509: Child care centers ●E2SHB 2418: Project permit timelines and completeness review Additional RCW Provisions Address: ●Parking ●Residential building retrofits ●Solar panels ●Passive-house standards ●Design standards ●Essential public facilities ●Emergency Comprehensive Plan amendments Procedure July 10, 2026 Expedited 60-day notice submitted to Dept. of Commerce July 11, 2026 Public notice issued July 22, 2026 Planning Commission public hearing July 24, 2026 Written comment period closes August 18, 2026 City Council first reading July 22, 2026 July 22, 2026 Proposed Updates: Title 14 and Title 17 Definitions Title 14 (Buildings and Construction) ●Updates off-street parking standards and state-required parking exemptions. ●Addresses parking for affordable housing, passive-house construction, modular, and mass- timber construction. ●Updates standards for tandem parking, garages, carports, tree retention, permeable surfaces, and existing nonconforming parking. Title 17 (Zoning) ●Adds and updates definitions needed to implement the amendment package, including child care centers, 50-percent density increase, essential public facilities, and residential retrofits. Proposed Updates: Residential Zones New Permitted Uses ●Transitional housing and permanent supportive housing ●Child care centers ●Residential retrofits July 22, 2026 Additional Updates ●Essential public facilities added as conditional uses ●Density provisions established for qualifying affordable housing ●Height and setback accommodations for insulation ●Height accommodations for roof- mounted solar panels Applies to R7, R9, R11, RMD, and RHD Zones. Proposed Updates: Existing Buildings, Commercial, and Industrial Zones Existing Buildings ●New Chapter 17.16 establishes standards for adding dwelling units within existing buildings. Commercial Zones ●Allow residential retrofits and update child care use classifications. ●Add essential public facilities as conditional uses. ●Add height and setback accommodations. ●Exempt specified housing and construction projects from facade-modulation and upper-level- setback requirements. Industrial Zones ●Add essential public facilities as conditional uses in IL and IH zones. July 22, 2026 Proposed Updates: Title 18 Growth Management Chapter 18.02 ●Clarifies project permit procedures and completeness review requirements. ●Adds development regulation definition. ●Distinguishes between procedural and substantive review. ●Updates permit review-period calculations. Chapter 18.04 ●Establishes procedures for certain Comprehensive Plan amendments outside the annual cycle. ●Applies when an emergency exists or an amendment is needed to resolve an appeal. July 22, 2026 Slide 8 Findings of Fact and Staff Analysis July 22, 2026 Comprehensive Plan ●Growth Management: Full alignment with regional development goals (Policy LU- 7.2). ●Housing Quality: Promotes and protects local residential standards (Policy H-3.7). ●Efficient Permitting: Streamlines administrative workflows (Policy LU-7.5). Housing Action Plan (HAP) ●Task 4 Alignment: Backs tax grants tailored specifically for supportive housing. ●Task 7 Support: Facilitates the operations of the housing instability project manager. Climate Resiliency (CRP) ●Community Resilience: Prioritizes adaptive infrastructural development to support all demographics. ●Efficient Housing: Drives sustainable practices in residential zoning and buildings. Environmental Review: Determined exempt from SEPA under RCW 43.21C.450(1). Conclusions Legislative Scope MCA 26-0180 is a citywide legislative amendment addressing state Growth Management Act requirements. Comprehensive Review The amendment is evaluated against adopted plans, municipal code, the SEPA record, and public comments. July 22, 2026 Development Impact The amendment does not authorize site-specific development or physical disturbance on any specific site. Staff Recommendation The Planning Division recommends that the Planning Commission recommend approval of Municipal Code Amendment No 26-0180 to the City Council. This recommendation is based on staff review of the draft code language, Port Angeles Municipal Code, adopted plans, the SEPA record, and submitted public comments. Questions and Discussion City of Port Angeles Community and Economic Development 12 Muni Development Code Amendments Phase Two: Critical Areas Ordinance & Urban Forestry Phase 2 Code Amendments To-Date 2 Chapter 15.02 - Definitions 3 •Consolidation of definitions found throughout the Title. •Additions of definitions previously missing. •Amendments to definitions as needed to match the state’s definitions. Chapter 15.22, Article I – General Provisions 4 •Provides clarity around critical areas permitting provisions. •Improves understanding of GIS mapping and screening tools and how they are used. •Clarifies “exemptions”, “allowed uses”, “permitted uses” and exceptions”. Exemptions 5 Activities or uses that are exempt from critical areas review. •Emergencies •Maintenance of lawfully established landscaping or gardens. •Passive outdoor recreation activities. •Trail maintenance of existing trails. •Remediation associated with approved environmental cleanup projects. •Forest practices regulated by the state. Allowed Uses 6 •Allowed uses or activities are those that are unlikely to result in a critical areas impact. •Exempt from the critical areas review process, but not the protection standards. •Typically processed in the past as Environmentally Sensitive Area Exceptions (ESEs). Allowed Uses 7 •Projects previously reviewed for CA impacts. •Modification of existing structures. •Activities in the improved ROW. •Minor utility projects. •Vegetation management, including hazard tree removals. •Restoration projects associated with an approved salmon recovery plan. •Processed as Type 0 or Type I depending on the nature of the project. Permitted Uses 8 •Processed as Type II Administrative Permits. •Include permitted uses in the underlying zone (such as Single-Family Residences). •Previously altered critical areas. •Drainage facilities. •New utility siting by the City or PUD. Reasonable Use Exceptions 9 •Processed as Type III Permits – Final approval by the Hearing Examiner. •“Reasonable” has been left to the courts to decide. •May be allowed only in situations where all economic use of a property would be denied. •Proposed use must be the minimum necessary to allow for reasonable economic use of the property. •Compensatory mitigation needed to offset losses. Examples of Reasonable Use Exceptions 10 A B C D Article II – Critical Areas Review Procedures 11 •Critical area reports and minimum report requirements. •Mitigation sequencing and mitigation plans. •Establishment of critical area tracts and temporary and permanent field markings. •Financial guarantees, unauthorized critical area modifications, final decisions & appeals. Critical Area Reports 12 •Type II and Type III Permits, or any proposal likely to affect a critical area or buffer. •Reconnaissance  Delineation  Analysis  Mitigation  Maintenance and Monitoring Mitigation Sequencing 13 •Avoid the impact altogether. •Minimize impacts through design, location, or timing. •Rectify the impact through repair, rehabilitation or restoration. •Reduce the impact over time through preservation and maintenance. •Compensate by replacing, enhancing, or providing substitute resources. •Monitor the impact over time and take corrective measures if needed. Mitigation Plan Requirements 14 •Baseline Information. •Environmental Goals and Objectives. •Performance Standards. •Detailed Construction Plans. •Monitoring Program. •Contingency Plan. •Performance and Maintenance Securities. Critical Area Tracts 15 •Legal protection of critical area tracts. •Easements •Deed Restriction •Identification of critical area tracts. •Signs •Fencing •Maintenance of critical area tracts. Field Identification & Markings 16 •Temporary markings during construction. •Permanent markings consistent with the criteria in 15.22.150 •Maintenance and replacement responsibilities. Financial Guarantees 17 •Performance securities – Ensures the applicant will properly construct all structure and improvements as required by Chapter 15.22. •Maintenance securities – Ensure the structures and improvements will satisfactorily perform for a minimum of two years. •Renewable bonds – One-year with the option to renew as appropriate. Violations, Final Decisions & Appeals 18 •Unauthorized critical area modifications are subject to enforcement provisions of PAMC 2.90 – Compliance and Enforcement. •All decisions are final unless appealed pursuant to PAMC 18.02, Article V - Appeals. Discussion 19