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HomeMy WebLinkAbout3767ORDINANCE NO. - AN ORDINANCE of the City of Port Angeles, Washington, adopting Chapters 1 7.09 and 17.16 of the Porl Angeles Municipal Code; amending portions of Chapters 14.40, 17.08, 17 .10, 17 .I7, I7 .I2, 77 .14, 17 .I5, 17 .20, 17 .21, 77 .22, 17 .32, 77 .34, 17 .96, 18.02, and 18.04 implementing the requirements of RCW 36.70A.130 for development regulations to complete compliance with the2025 Periodic Update of the Vision2045 Comprehensive Plan and associated Washington State Legislative actions; and designating the Planning Commission as the Public Hearing Authority for all land use applications and planning processes in compliance with RCw 35A.63.070; adopting findings; providing for severability; and establishing an effective date. WHEREAS, the City of Port Angeles first adopted a Growth Management Act-compliant Comprehensive Plan on June 28,1994, and most recently amended the Comprehensive Plan on December 16,2025; and WHEREAS, in accordance with RCW 36.704.130(5Xb), the Growth Management Act requires the City to develop and adopt a comprehensive plan containing elements that sets forth the goals and policies to guide the future development of the City for the succeeding 2\-year period; the City completed a periodic update of the Comprehensive Plan and ensured continued compliance with the Washington State Growth Management Act (GMA) on December 16,2025; and WHEREAS, between 2021-2023,the Washington State Legislature enacted several amendments to the Growth Management Act to establish new requirements including House Bill 1220 (2021 c 254) Emergency Shelters and Housing, House Bill 1 I Bl (2023 c 228) Climate Change and Resiliency Element, House Bill 1 I I0 (2023 c 332) Middle Housing, and Senate 8t115235 (2021 c 306) and House Bill 1337 (2023 c 334) Accessory Dwelling Units; and WHEREAS, with the update completed on December 16,2025, the City prepared updates to its existing comprehensive plan that will serve for the 2025-2045 planning period (the "2025 Comprehensive Plan") and show land capacity to meet 2045 targets of 1,970 new housing units and 976 newjobs as allocated through the Clallam County Countywide Planning Policies; and WHEREAS, pursuant to RCW 36.70A.370, the City utilized the process established by the Washington State Attorney General so as to ensure the protection of private property rights when considering Lhe 2025 Comprehensive Plan; and WHEREAS, the City issued a Draft Environmental Impact Statement for the 2025 Comprehensive Plan on September 18,2025, provided a 30-day comment period, and a Final Environmental Impact Statement on December 9,2025; and WHEREAS, the Pofi Angeles Planning Commission held properly noticed public hearing on October 22,2025, for the 2025 Comprehensive Plan and recommendedth2025,he City Council approve the 2025 Comprehensive Plan by a vote of 4-0 after the conclusion of the Octob er 22,2025 1 Docusign Envelope ID: 53B83C55-D172-8031-8294-7B5817BCCC18 3767 public hearing; and recommended that the City Council approve the Vision 2045 Comprehensive Plan by a vote of 4-0 after the conclusion of the Octob er 22, 2025 public hearing; and WHEREAS, the Port Angeles City Council held first and second readings on November 18, 2025, and December 76,2025, for the Vision 2045 Comprehensive Plan (CPA 25-0004) and approved the Vision 2045 Comprehensive Plan (CPA 25-0004) by a vote of 7-0; and WHEREAS, the City Council, having considered the entire public record, public comments, written and oral, and the Port Angeles Planning Commission's recommendation, and made amendments to that recommendation it deemed appropriate, finds that the 2025 Comprehensive Plan, as recommended by the Planning Commission and amended by the City Council, adopted on December 16,2025, is consistent with the Growth Management Act, is in the best interests of the citizens of the City of Port Angeles', and should serve as the City of Port Angeles'Comprehensive Plan for the succeeding 20 years; and WHEREAS, the City of Port Angeles is concluding the City's Periodic Update with MCA 26- 0180 and is now compliant with all development regulations as required by the Washington State Department of Commerce as detailed in the following findings: In accordance with RCW 36.70A.070(2Xc) and RCW 36.70A.115 via Ordinance 3710 adopted on March 2l , 2023 , Ordinance 3 75 8 adopted December 16, 2025 , and Ordinance 3760 adopted December 16,2025, zoning designations are consistent and implement land use designations that accommodate future housing needs by income bracket as allocated through the planning process. Zoning reflects sufficient land capacity for all income housing needs, including emergency housing and permanent supportive housing. 2. In accordance r,vith RCW 354..21.430 and RCW 35.21.683, adopted under this Ordinance for MCA 26-0180; Permanent Supportive Housing and Transitional Housing, as defined by RCW 36.70A.030(33) and RCW 84.36.043(3)(c), respectively, are allowed residences and hotels, does not limit occupancy or spacing beyond that of public health and safety, and allows the siting of a sufficient number of units and beds necessary to meet projected housing needs. 3. In accordance with RCW 354.21.430 and RCW 35.21.683, via Ordinance 3688 adopted December 21, 202I,Indoor Emergency Housing and lndoor Emergency Shelters, as defined in RCW 36.70A.030(15) and RCW 36.70A.030(16), respectively, are allowed in all zones in which hotels are allowed and allow the siting of a sufficient number of units and beds necessary to meet projected needs. 4. In accordance with HB 5235, RCW 35.21 .682, and RCW 354..21.314 via Ordinance 3688 adopted December 2l , 2021, the City does not regulate or limit the number of unrelated persons that occupy a household or dwelling unit, except as regulated by RCW Chapter 19.27 Stale Building Code occupant load per square foot. 5. In accordance with RCW 36.70A.817 and RCW 36.70A.622, adopted under this Ordinance for MCA 26-01 80, the City does not require off-street parking as a condition of affordable housing, residential new construction, or the retrofit of existing buildings meeting Passive House requirements, residential modular construction, or residential mass timber 2 Docusign Envelope ID: 53B83C55-D172-8031-8294-7B5817BCCC18 construction. Additionally, parking requirements allow tandem, gravel, or grass pavers and comply with size requirements. 6. In accordance with RCW 36.704.450 and Engrossed Substitute Senate Bill (ESSB) 5509, adopted under this Ordinance for MCA 26-0180, family daycare providers are allowed in all residential dwellings in areas zoned for residential and commercial, and childcare centers are allowed outright in all zones except industrial zones. 7 . In accordance with RCW 35.21.684, RCW 35.63. I 60, RCW 35A.21.312, and RCW 36.01.225,via Ordinance3734 adopted September |J,2024, manufactured housing is regulated the same as site-built housing. 8. In accordance with RCW 36.704.680 and RCW 36.70A.681, via Ordinance 3718 adopted August 18,2023, two accessory dwelling units (ADUs) are allowed on residential lots that allow single-family homes. 9. In accordance with RCW 36.704.535, via Ordinance3T6l adopted December 16,2025, co- living is an allowed permitted use on any lot that allows at least six multifamily residential units and complies with all other co-living recluirements. 10. In accordance with RCW 36.10A.410, RCW 70.128.140 and 150, RCW 49.60.222-225, and WAC 365-196-860, the City does not regulate residential structures occupied by persons with handicaps or group care for children any differently than any other residential structure occupied by a family or other unrelated individuals. 1 1. In accordance with RCW 36.70A.540 via Ordinance 3723 adopted November 8,2023, the City has expanded affordable housing fee waivers as a housing incentive' 12. Inaccordance with RCW 35.21.915 and RCW 35A.21.360, the City does not place any regulations on outdoor encampments, safe parking efforts, indoor overnight shelters, and temporary small houses controlled or owned by a religious organization other than requirements by adopted state building and sanitation codes. 13. In accordance with RCW 36.70A.545, adopted under this Ordinance for MCA 26-0180, the City allows for an increased density bonus for any affordable housing development located on real property owned or controlled by a religious organization. 14. InaccordancewithRCW354.2l.440andRCW35.2l.gg0,adoptedunderthisOrdinance for MCA 26-0180, the City has complied r,vith the reduced restrictions for additional housing units within existing commercial, mixed-use, and multi-family buildings by exempting them from density limits, parking, and other regulatory requirements consistent. 15. In accordance with RCW 36.704.8 10 and B 12, adopted under this Ordinance for MCA 26- 0180, new construction and retrofits for existing buildings for residential housing are allowed to project into required setbacks and exceed height limits by up to eight inches to accommodate the addition of necessary insulation. 3 Docusign Envelope ID: 53B83C55-D172-8031-8294-7B5817BCCC18 16. In accordance with RCW 36.704.815, adopted under this Ordinance for MCA 26-0180, the City does not require fagade modulation or upper-level setbacks as a condition for residential buildings for affordable housing, new construction or retrofit of existing buildings to meet passive housing requirements, conversion of existing buildings to housing or mixed-use including housing, modular construction, or mass timber construction. 17 . In accordance with RCW 36.130.020, the City does not impose or enforce requirements on an affordable housing development that are different than the requirements imposed on other housing developments. I B. In accordance with RCW 36.70,{.819, the City does not impose minimum unit sizes. 19. In accordance with RCW 36.70,4.813, adopted under this Ordinance for MCA 26-01 80, buildings are allowed to exceed maximum roof height limits by 48 inches to accommodate a roof-mounted solar energy panel. 20. ln accordance with RCW 36.704.130(1)(a) and 5(a), and RCW 36.70A.070(2)(d) via Ordinance 3759 adopted December 16,2025, the City's development regulations and Comprehensive Plan make adequate provisions for housing needs of all economic segments in the community. 2l.In accordance with RCW 36.70.547 and WAC 365-196-455, via Ordinance 3059 adopted July 28,2000, and Ordinance 2861 adopted March J,1995, the City regulations discourage incompatible uses around general aviation airports. 22. In accordance with RCW 36.704.530(3) and WAC 365-196-475 via Ordinance 3758 adopted December 16,2025, all zoning and future land-use maps discourage the siting of incompatible uses adjacent to a military base. 23. In accordance with RCW 36.704.480 via Ordinance3676 adopted June 15, 2021, all zoning designations are consistent with the Shoreline Master Program environmental designations. 24. In accordance with RCW 36.70A.480 via Ordinance 3676 adopted June I 5,2021, Shoreline Master Program regulations provide protection to critical areas in shorelines that are at least equal to the protection provided by the critical areas' Ordinance. 25. In accordance with RCW 36.70A.200, WAC 365-196-550(6), WAC 365-196-550(3), and RCW 36.704.200 via this Ordinance for MCA 26-0180 and Ordinance 3758 adopted December 16,2025, the City's regulations include a process for siting Essential Public Facilities. 26. In accordance with RCW 36.704.030(8) and RCW 36.70A.040(4) via Ordinance 3688 adopted December 21,2021, the City's subdivision regulations are consistent with and implement the comprehensive plan policies. 27. In accordance with RCW 58.17.110, RCW 36.704.590, and WAC 365-196-820(1) via this Ordinance 3688 adopted December 21,2021, Ordinance 3571 adopted December 20,2016, and Ordinance 3122 adopted September 27 ,2002, written findings are included on all 4 Docusign Envelope ID: 53B83C55-D172-8031-8294-7B5817BCCC18 subdivisions establishing adequacy of public facilities and other items related to public health, safety, and general welfare. 28. In accordance with RCW 58.17.140 and RCW 58.11.170 via Ordinance3742 adopted December 17 . 2024, Ordinance 3688 adopted December 21,2021, and Ordinance 3003 adopted December 15, 1998, preliminary subdivisions meet the statutorily required period of validity dependent on the date preliminary plat approval was granted. 29. Inaccordance with RCW 58.17.060(3) via Ordinance3742 adopted December |J,2024, and Ordinance 3688 adopted December 21,2021, shoft plat regulations include procedures for unit lot subdivisions. 30. In accordance with RCW 36.70A.070(6XaXiiiXB), (C) and (D), RCW 36.70A.070(6Xb) and WAC 3 65- I 9 6-840 via Ordinan ce 37 59 adopted December | 6, 2025, transpoft ation concuffency requirement prohibits development when level of service standards cannot be met, the regulations include measures to bring transportation facilities below levels of service into compliance, and highways of statewide significance are exempt from the conctrrrency Ordinance. 31. In accordance with RCW 36.70A.070(6XaXvi) and WAC 365-196-840(4), via Ordinance 3759 adopted December 16,2025,traffic demand management requirements are consistent with the comprehensive plan and include the transportation system from a multimodal perspective. 32. In accordance with RCW 36.704.040(8Xa), RCW 36.704.210(3Xi), RCW 36.704.020(13), RCW 36.704.830, and WAC 365-196-445, via Ordinance 3759 adopted December 16, 2025, Ordin ance 36J 6 adopted June I 5, 2027 , and the Joint Tribal-Municipal Settlement Agreement, the City has a mutually agreeable memorandum of agreement between local governments and tribes, policies that address the protection of tribal cultural resources, and Memorandum of Understanding Between the City of Port Angeles, Clallam County, the Port of Porl Angeles, and the Lower Elwha Klallam Tribe, for a Highway 101 Wastewater Line Project, Sections I through B. 33. In accordance with RCW 36.70A.470, RCW 36.108, WAC 365-196-845, WAC 197-1 1, and WAC 365- I 97 , via Ordinance 3742 adopled December 17,2024, and this Ordinance for MCA 26-0180, the City has integrated permit and environmental review procedures for all application processes and types of applications. 34.Inaccordance with RCW 36.70A.130(2), RCW 36.70A.470, WAC 365-196-640(6), and WAC 365-1 96-640(3), via Ordinance 3719 adopted September 5,2023, Ordinance 3441 adopted November 15,2011, and Ordinance 2858 adopted February 17,1995,City regulations limit amendments to the comprehensive plan to once a year and include a docketing process for requesting and considering plan amendments. 35. In accordance r,vith RCW 36.70A.130(2)(b) and WAC 365-196-640(4), via this Ordinance for MCA 26-0180, City regulations define an emergency for an emergency pian amendment 5 Docusign Envelope ID: 53B83C55-D172-8031-8294-7B5817BCCC18 36. In accordance with RCW 36.70A.020(11), RCW 36.70A.035, RCW 36.704.140, WAC 365- 196-610(2) via Ordinance 3742 adopted December 17,2024, and Ordinance 2858 adopted February I7, 1995, the City has a process established for early and continuous public notification and participation in the planning process. 37. In accordance with WAC 365-196-650(l), via Ordinance 3750 adopted June 3,2025, and Ordinance 3681 adopted November 3,2021, the City has provisions to ensure adequate enforcement of regulations. WHEREAS, on July 10,2026, the City transmitted a copy of the proposed Ordinance to the Washington State Department of Commerce in accordance with RCW 36.70A.106 at least 60 days in advance ofadoption for the required 60-day state review period; and WHEREAS, on July 22,2026, the City Planning Commission held a duly noticed public hearing on MCA 26-0180 State Mandated Development Code Updates, accepted testimony, and made a recommendation to approve MCA 26-0180 to the City Council; and WHEREAS, the City Council finds that adoption of MCA 26-0180 implements and furthers the goals of the Vision 2045 Comprehensive Plan; and WHEREAS, the City Council finds that adoption of MCA 26-01 80 completes the development regulation portion of the periodic update. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1.-Findines.Adoptionof Attachments. Chapters 14.40,17.08, 11.09,17.10,17.11, 17.11,17.12,17.14,17.15,I7.16,17.20,17.2t,17.22,17.32,17.34,1',7.96,19.02,and 19.04,of the Port Angeles Municipal Code are hereby amended, as shown in Exhibit A, attached hereto, and together with the 'owhereas" clauses and findings above, are incorporated herein by this reference. Section 2. - Classification. The Vision 2045 Comprehensive Plan set forth by this ordinance is of a general and permanent nature and shall be kept on file with the City Clerk, available for public inspection. Section 3. - Corrections. The City Clerk is authorized to make necessary corrections to this Ordinance, including, but not limited to, the correction of scrivener's clerical elrors, references to other local, state, federal laws, codes, rules, or regulations, or Ordinance numbering, section/subsection numbers, and any references thereto. Section 4. - Severability. If any provisions of this Ordinance, or its application to any person or circumstance, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 5. Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This Ordinance shall take effect August3l,2026. 6 Docusign Envelope ID: 53B83C55-D172-8031-8294-7B5817BCCC18 PASSED by the City Council of the.City of Port Angeles at a regular meeting of said Council held on n" l$V ouy or [hapS,Lzozo.0 Kate Dexter, Mayor APPROVED AS TO FORM Sheida Sahandy, City Attomey ATTEST: Kari Martinez-ty Clerk PUBLISHED By Summary 70p(t 7 Docusign Envelope ID: 53B83C55-D172-8031-8294-7B5817BCCC18 Docusign Envelope ID: 53B83C55-D172-8031-8294-7B5817BCCC18 MCA 26-0180 Exhibit A: Draft Municipal Code Page 1 Exhibit A: 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. MCA 26-0180 Exhibit A: Draft Municipal Code 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. MCA 26-0180 Exhibit A: Draft Municipal Code 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 earl y 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). MCA 26-0180 Exhibit A: Draft Municipal Code 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. MCA 26-0180 Exhibit A: Draft Municipal Code Page 5 NEW CHAPTER 17.09 – ESSENTIAL PUBLIC FACILITIES 17.09.010 Purpose and authority. A. Purpose. The purpose of this section is to provide a process and guidelines to site essential public facilities. These regulations ensure that essential public facilities are sited in a fair and efficient manner in accordance with WAC 365-196-550 and RCW 36.70A.200. B. Authority. The city, which plans under the Growth Management Act (RCW 36.70A.040), must include a process for identifying and siting essential public facilities. Essential public facilities include those facilities defined in WAC 365-196-550 and RCW 36.70A.200, that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, regional transit authority facilities as defined in RCW 81.112.020, improvements to high capacity transportation systems as defined in RCW 81.104.015, bus rapid transit routes and stops or improvements to such routes and stops, state and local correctional facilities, solid waste handling facilities, opioid treatment programs including both mobile and fixed-site medication units, recovery residences, harm reduction programs excluding safe injection sites, and inpatient facilities including substance use disorder treatment facilities, mental health facilities, group homes, community facilities as defined in RCW 72.05.020, and secure community transition facilities as defined in RCW 71.09.020. 17.09.020 Applicability. This chapter applies to the siting of all essential public facilities in the City expressly listed as Essential Public Facilities in RCW 36.70A.200. In accordance with WAC 365-196-550(1)(b), for the purposes of identifying facilities subject to the “essential public facilities” siting process, it is not necessary that the facilities be publicly owned. In accordance with WAC 365-196-550(1)(c), essential public facilities include both new and existing facilities and may include the expansion of existing essential public facilities or support activities and facilities necessary for an essential public facility. Unless a facility is expressly listed in RCW 36.70A.200(1)(a), essential public facilities do not include facilities that are operated by a private entity in which persons are detained in custody under process of law pending the outcome of legal proceedings but are not used for punishment, correction, counseling, or rehabilitation following the conviction of a criminal offense. Facilities included under RCW 36.70A.200(1)(b) shall not include facilities detaining persons under RCW 71.09.020 (7) or (16) or Chapter 10.77 or 71.05 RCW. 17.09.030 Scope. This chapter establishes the process and criteria that the city will use in making a decision upon an application for an essential public facility. A. The City may establish a list of uses beyond those defined in WAC 365 -196-550 and RCW 36.70A.200 that qualify as essential public facilities. This list shall be established through a Type V process as outlined in PAMC 18.02. A use or facility may be added to Port Angeles’ adopted list of essential public facilities based on one of the following criteria. 1. The use meets the definition of an essential public facility; or 2. The use is identified on the list of state essential public facilities for Clallam County maintained by the State of Washington Office of Financial Management. B. Regardless of whether it is a new, existing, or an expansion or modification of an existing public facility, the major component in the identification of an essential public facility is whether it provides or is necessary to provide a public service and whether it is difficult to site. Criteria to determine if the facility is difficult to site is determined by WAC 365-196-550(2). MCA 26-0180 Exhibit A: Draft Municipal Code Page 6 17.09.040 Determination of applicability. A. Essential public facilities are processed as a Type III conditional use in any district in which it is proposed. A conditional use permit includes a notice and an opportunity to comment to other interested counties and cities and the public. B. In accordance with RCW 36.70A.200(5)(b), the city commits to reasonable timelines to ensure timely issuance of permits without unnecessary delay. Conditional use permits for essential public facilities are processed under the same timelines as conditional use permits for other proposals and are subject to the timelines outlined in PAMC 18.02. 17.09.050 Procedure. Applications that seek approval for an essential public facility under this chapter shall follow the procedures established in PAMC 18.02 Article VII for a Type III conditional use permit process. However, in accordance with WAC 365-196-550(1)(e), essential public facility criteria apply to the facilities and not the operator. The city may not require applicants who operate essential public facilities to use an essential public facility siting process for projects that would otherwise be allowed by the development regulations. Applicants who operate essential public facilities may not use an essential public facility siting process to obtain approval for projects that are not essential public facilities. 17.09.060 Essential public facility review process. A. Service area. The applicable director, as defined in PAMC 18.02, shall determine if the facility serves a regional, countywide, statewide, or national need. If it does, then the applicable director may condition the review with a requirement that the review process include one or more sites in parts of the service area outside of Port Angeles. The applicable director shall also ensure that the siting process takes into consideration the need for countywide, regional, or statewide uniformity in connection with the kind of facility under review. B. Multi-jurisdictional review. Where more than one local government is involved in the review process, Port Angeles staff shall participate in a multi-jurisdictional review process and use the data, analysis, and environmental documents prepared in that process in the city’s review if Port Angeles determines those documents are adequate. C. State or Regional siting process. In accordance with WAC 365-196-550(3)(d), if the essential public facility and its location have been evaluated through a state or regional siting process, the county or city may not require the facility to go through the local siting process. D. County, city, or private siting process. In accordance with WAC 365-196-550(3)(e), essential public facilities that are sited through a regional or state agency are distinct from those that are "sited by" a county or city or a private organization or individual. When the county or city is siting its own essential public facility, public or private, it is free to establish a nonpreclusive siting process with reasonable criteria. E. Financial agreement. In accordance with WAC 365-196-550(4)(b)(ii), agreements among all applicable jurisdictions for an essential public facility should be sought to mitigate any disproportionate financial burden which may fall on the county or city which becomes the site of a facility of a statewide, regional, or countywide nature. F. Timeline for review. PAMC 18.02.170(D) requires that, under normal circumstances, a decision on a Type III application shall be made within 170 days. 17.09.070 Criteria. The city may approve, or approve with conditions or modifications, an application for a proposed essential facility based on subsection A through J of this section. A. Whether there is a public need for the facility; MCA 26-0180 Exhibit A: Draft Municipal Code Page 7 B. The impact of the facility on the surrounding uses and environment, the city, and the region. C. Whether the design of the facility or the operation of the facility can be conditioned, or the impacts otherwise mitigated, to make the facility compatible with the affected area and the environment. D. Whether a package of incentives can be developed that would make siting the facility within the community more acceptable. E. Whether factors that make the facility difficult to site can be modified to increase the range of available sites or to minimize the impacts on affected areas and the environment. F. Whether the proposed essential public facility is consistent with the Port Angeles Comprehensive Plan. G. If a variance is requested, the proposal shall also comply with the variance criteria unless otherwise prohibited by WAC 365-196-550, RCW 36.70A.200, or any other applicable state or federal regulation. H. The proposal shall comply with all applicable conditional use criteria in PAMC 18.02.250(E) unless otherwise prohibited by WAC 365-196-550, RCW 36.70A.200, or any other applicable state or federal regulation. I. The siting process through the conditional use process cannot be used to deny the approval of essential public facilities. The purpose of the conditional use process for an essential public facility siting is to allow the city to impose reasonable conditions on an essential public facility necessary to mitigate the impacts of the project while ensuring that its development regulations do not preclude the siting of an essential public facility. J. A financial analysis of the proposed facilities’ impact on the city of Port Angeles’ budget shall be completed by the organization proposing the essential public facility in close coordination with the city of Port Angeles. If the study shows that locating a facility in the community would result in a disproportionate financial burden on the city, an agreement to mitigate the adverse financial impact shall be required. MCA 26-0180 Exhibit A: Draft Municipal Code Page 8 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 non-profit or 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 MCA 26-0180 Exhibit A: Draft Municipal Code Page 9 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. MCA 26-0180 Exhibit A: Draft Municipal Code Page 10 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 non-profit or 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 MCA 26-0180 Exhibit A: Draft Municipal Code Page 11 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. MCA 26-0180 Exhibit A: Draft Municipal Code Page 12 CHAPTER 17.12 - R11, RESIDENTIAL, LOW DENSITY 17.12.020 Permitted uses. D. Family day care provider. Child care provider. E. Duplexes 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. G. Duplexes 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 non-profit or 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 MCA 26-0180 Exhibit A: Draft Municipal Code Page 13 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. 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. MCA 26-0180 Exhibit A: Draft Municipal Code Page 14 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 Measurement Type Limit Reference and Additional Provisions 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 Minimum rear setback 15 feet b Minimum side setback 5 feet b Minimum side setback (street) 5 feet b Minimum side setback (alley) 5 feet b Maximum Lot Size for new single-household dwellings 3,500 square feet Detached Accessory Structure Requirements Minimum rear setback for accessory structures in the rear one-third of the lot 5 b feet 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 5 b feet 3 feet from lot lines abutting an alley, except 5 feet where a garage or carport entrance faces the alley. Maximum building height Not to exceed the primary structure building height a A 25% height bonus is available if the detached structure is within the building envelope required of a principal structure in the zone that the property is located. MCA 26-0180 Exhibit A: Draft Municipal Code Page 15 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 MCA 26-0180 Exhibit A: Draft Municipal Code Page 16 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 Measurement Type Limit Reference and Additional Provisions 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 Minimum rear setback 15 feet b Minimum side setback 5 feet b Minimum side setback (street) 5 feet b Minimum side setback (alley) 5 feet b Maximum Lot Size for new single-household dwellings 3,500 square feet Detached Accessory Structure Requirements Minimum rear setback for accessory structures in the rear one-third of the lot 5 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 5 feet b 3 feet from lot lines abutting an alley, except 5 feet where a garage or carport entrance faces the alley. Maximum building height Not to exceed the primary structure building height a A 25% height bonus is available if the detached structure is within the building envelope required of a principal structure in the zone that the property is located. 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. MCA 26-0180 Exhibit A: Draft Municipal Code Page 17 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 MCA 26-0180 Exhibit A: Draft Municipal Code Page 18 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. MCA 26-0180 Exhibit A: Draft Municipal Code Page 19 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 . MCA 26-0180 Exhibit A: Draft Municipal Code Page 20 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 into 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. MCA 26-0180 Exhibit A: Draft Municipal Code Page 21 CHAPTER 17.20 - COMMERCIAL ZONES 17.20.020 Permitted uses. Table 17.20.020 Principal uses permitted in commercial zones Principal Use CBD CA CSD CN CO Condition/Reference Dwelling Units Single-household dwelling P P P P Existing single-household dwelling (as of the adoption date of this ordinance) P P P P P Cottage housing P (X) P (X) P (X) P (X) Only on lots that do not front on Mixed block frontages (see PAMC 17.22.110). PAMC 17.21.030 Duplex P (X) P (X) P (X) P PAMC 17.21.040 (X) Only on lots that do not front on Mixed block frontages (see PAMC 17.22.110). Townhouse P P P P (X) (X) Maximum 6 attached units. PAMC 17.21.050 Residential Retrofits P P P P P PAMC 17.16 Child Care Family day care provider Child care provider P P P P P Child care center facility P P P P P Services Essential Public Facilities C C C C C PAMC 17.08.030 Table 17.20.040 Commercial zone dimensional standards Standard CBD CA CSD CN CO Condition/Reference Lot Dimensions Building Height (feet) Maximum building height, base 75 a 55 a 45 a 40 a 45 a Maximum building height, bonus 65 a 65 a PAMC 17.20.070 Lot Size (square feet) Maximum lot size for new single-household dwellings (where allowed) 3,500 3,500 3,500 7,000 Setbacks (feet) Front setback, minimum 0 0 0 0 15 b See Chapter 17.22 PAMC, Article II Block Frontage Standards, for other front setback requirements. PAMC 17.94.120 MCA 26-0180 Exhibit A: Draft Municipal Code Page 22 Side street setback, minimum 0 0 0 0 5 b Interior side setback, minimum 0—15 (X) b 0— 15 (Y) b 0— 15 (Y) b 0— 15 (Y) b 5— 15 (Z) b See PAMC 17.22.210 for side and rear 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 development. Rear setback, minimum 0—15 (X) b 0— 15 (Y) a 0— 15 (X) (Y) b 15 b 15 b See PAMC 17.22.210 for side and rear yard setback options and standards (X) Loading structures must be 15' from any alley (Y) 15' when abutting an alley or residential zone Detached Accessory Structure Requirements Minimum rear setback 0 (X) b 0 (X) b 0 (X) b 0 (X) b 5 (X) 10' from any alley or adjacent residential zone Minimum side setback for accessory structures in the rear one-third of the lot 0 (X) b 0 (X) b 0 (X) b 0 (X) b 5 b (X) 3' from any alley or 15’ adjacent residential zone. 15' from any alley or adjacent residential zone Maximum building height Not to exceed the primary structure building height 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 MCA 26-0180 Exhibit A: Draft Municipal Code Page 23 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. MCA 26-0180 Exhibit A: Draft Municipal Code Page 24 CHAPTER 17.32 - IL - INDUSTRIAL, LIGHT 17.32.040 - Conditional uses. B. Other: 2. Child care center associated with a primary use. 3. Family day care provider associated with a primary use. 11. Essential public facilities MCA 26-0180 Exhibit A: Draft Municipal Code Page 25 CHAPTER 17.34 - IH - INDUSTRIAL, HEAVY 17.34.040 - Conditional uses. A. Child care center associated with a primary use. B. Essential public facilities C. Family day care provider associated with a primary use. MCA 26-0180 Exhibit A: Draft Municipal Code Page 26 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. MCA 26-0180 Exhibit A: Draft Municipal Code Page 27 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 Pre-Application Conference Required: No Optional Yes1 Yes N/A Yes Recommendation Made By: NA Staff Staff Applicable Director N/A Planning Commission Final Decision Made By: Staff Applicable Director Applicable Director Hearing Examiner City Council City Council Notice of Application: No No Yes Yes No N/A Open Record Public Hearing: No No No Yes Depends, see footnote2 Yes3 Public Hearing Body: N/A N/A N/A Hearing Examiner Hearing Examiner Planning Commission Closed Record appeal: No No No No N/A N/A Administrative Appeal Decisionmaker Hearing Examiner Hearing Examiner Hearing Examiner N/A N/A N/A Judicial Appeal: Yes Yes Yes Yes Yes Yes Permit Timeline: 34 Business Days 65 Calendar Days 100 Calendar Days 170 Calendar Days 170 Calendar Days N/A 1 Can be waived at the discretion of the applicable Director on a case-by-case basis if it is 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 rezones. MCA 26-0180 Exhibit A: Draft Municipal Code Page 28 3 Only if required by state law. 4 Business Days after payment is received. 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 t he 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. MCA 26-0180 Exhibit A: Draft Municipal Code Page 29 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. Summary of Ordinances Adopted by the Port Angeles City Council on August 18, 2026. ORDINANCE NO. 3767 AN ORDINANCE of the City of Port Angeles, Washington, adopting Chapters 17.09 and 17.16 of the Port Angeles Municipal Code; amending portions of Chapters 14.40, 17.08, 17.10, 17.11, 17.12, 17.14, 17.15, 17.20, 17.21, 17.22, 17.32, 17.34, 17.96, 18.02, and 18.04 implementing the requirements of RCW 36.70A.130 for development regulations to complete compliance with the 2025 Periodic Update of the Vision 2045 Comprehensive Plan and associated Washington State Legislative actions; and designating the Planning Commission as the Public Hearing Authority for all land use applications and planning processes in compliance with RCW 35A.63.070; adopting findings; providing for severability; and establishing an effective date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This Ordinance shall take effect August 31, 2026 The full texts of Ordinances are available at City Hall in the Clerk’s office, on the City’s website at www.cityofpa.us or will be mailed upon request. Kari Martinez-Bailey City Clerk Published by summary: Wednesday, August 26, 2026