Loading...
HomeMy WebLinkAbout08262026 PC Agenda PacketREGULAR MEETING AGENDA PLANNING COMMISSION August 26, 2026 6:00 - 8:00 PM Notice is hereby given that the Port Angeles Planning Commission will meet on Wednesday, August 26, 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: 2551 394 8801 Webinar password: PC08262026 (72082620 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 August 26, 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=m4709fc4c8316b9688c2adc1b3133edc0 The meeting is open to the public. I.CALL TO ORDER II.ROLL CALL III.COMMISSIONER INTRODUCTIONS IV. PUBLIC COMMENT V. APPROVAL OF MINUTES Minutes of the July 22, 2026 Meeting VI. ACTION/DISCUSSION ITEMS 1.Action: Façade Grant 26-0002 Studio Bob. Planning Commission review of façade grant proposal for façade updates (paint and highlight historic art deco architectural features restoration) at Studio Bob and Sound Bikes and Kayaks, 118 E Front St, Port Angeles, WA 98362. 2.Action: MCA 26-0090 Wetlands Buffer Options Analysis. Staff presentation on wetland buffering regulations. Planning Commission action to recommend the preferred alternative for the wetland buffers. 3. 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. VII.STAFF UPDATES 1.Monthly Customer Service Report 2. Monthly Type 0/OTC Report 3. Monthly 5290 Report 4.Monthly Natural Resources Verbal Report 5.Monthly Land Use and Permitting Verbal Report 6.Monthly Building Report VIII.REPORTS OF COMMISSION MEMBERS IX. PUBLIC COMMENT X. ADJOURNMENT 1 PLANNING COMMISSION MEETING Port Angeles, Washington July 22, 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 6:01 p.m. ROLL CALL Planning Commission Chair Steiger, Vice Chair Kiedrowski, Commissioners: Schorr, Vogel, Vanderlugt. Members Excused Absence: Commissioner Mellema Staff Present: Community and Economic Development Director Shannen Cartmel, Planning Supervisor Ben Braudrick, Associate Planner Angel Torres, Housing Administrator Jalyn Boado, Natural Resources and Grant Administrator Courtney Bornsworth, Senior Development Services Specialist Pat Bartholick, Assistant City Attorney Kyle Nemec. PUBLIC COMMENT John R., Resident, Page 85. There is a grant for slightly less than $2 Million dollars. What are the plans for the gap in funding for the remaining $700,000 worth of funding? Action Item: It was moved by Shorr and seconded by Kiedrowski to: Pass the June 24, 2026, Planning Commission Minutes Motion carried with unanimous consent 5-0. PUBLIC HEARING 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. John R., Resident: The slide should be on the front counter, and the slides should be available online beforehand. Regarding the religious organization for PSH, can the City encourage more nonprofit organizations to use this bonus? He is concerned about the tree retention-related updates (on page 5). On page 6, R11, the City should add duplexes as a permitted use in this zone. Commissioner Vogel, regarding RCW 35A.21.460, could daycares be an accessory use to an industrial building? Action Item: It was moved by Vogel and seconded by Kiedrowski to: Recommend approval of MCA 26-0180 to the City Council with the modification of adding duplexes to R11 and childcare facilities to industrial zones as an accessory use. Motion does not carry 3-2. August 26, 2026 Planning Commission Regular Meeting 1 CITY OF PORT ANGELES PLANNING COMMISSION – July 22, 2026 2 Action Item: It was moved by Kiedrowski and seconded by Shorr to: Motion to extend the meeting and further discuss MCA 26-0180; asking staff to walk through the code section- by-section and pointing out which parts are state-mandated and which parts of the code were added optionally. Motion carried 5-0. Action Item: It was moved by Kiedrowski and seconded by Shorr to: Recommend approval of MCA 26-0180 to the City Council with the modification of adding duplexes to 17.12 R11, childcare facilities as an allowed use in industrial zones, and clarifying that the maximum lot size for single-family residences is for new development in commercial zones in Table 17.20.040. Motion carried 5-0. DISSCUSSION 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. Commissioner Shorr, missing a period on “no net loss” on page 110 of the Planning Commission packet. Chair Steiger, “historical condition” is not a timely term on page 111 of the Planning Commission packet. Chair Steiger, don’t use the word “usually” in the definition of “locally unique features” on page 111 of the Planning Commission packet. Commissioner Shorr, for “waters of states,” add language that says “exempting man-made ponds.” Chair Steiger, “qualified professionals” is a very confusing definition on page 112 of the Planning Commission Packet. The definition of the riparian management zone is confusing on page 112. Shorr motion to extend the meeting to 8:30 pm and seconded by Kiedrowski 5-0 unanimous consent. Commissioner Shorr: PAMC 15.22.070 does not have teeth without consequences. Add “when feasible” to 15.22.080 A1. Define minor in PAMC 15.22.080 F. 15.22.090 B2 needs a period. 15.22.090 C2D: there is a typo “beset”. 15.22.100 A3: 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; this is an objective – where is the ceiling? August 26, 2026 Planning Commission Regular Meeting 2 CITY OF PORT ANGELES PLANNING COMMISSION – July 22, 2026 3 STAFF UPDATES Customer Service Report Community Development Technician II Carlstrom gave a brief update on customer service interactions in June 2026. Monthly Type 0/Over the Counter Report Community Development Technician II Carlstrom reported that 221 over-the-counter permits have been issued to date. Monthly 5290 Report Licensing Administrator and Building Inspector Jackson gave a brief report on the 5290 permitting timelines for June 2026. Monthly Affordable Housing Report Housing Administrator Boado gave a brief update about affordable housing programs. $101K in waiver permitting fees were awarded in June 2026, and one permit-ready plan was distributed. Monthly Natural Resources Report Natural Resources and Grant Administrator Bornsworth shared that CED is currently processing a Shoreline Substantial Development permit for a sidewalk along Marine Drive. Monthly Land Use Permitting and Economic Development Report Long-range and special projects Administrator Torres highlighted land-use projects in June 2026, including preapplication meetings for the Port Angeles Composite business, activities with the Marine Exploration Center, and activities with the Bamboo Hotel. Monthly Building Report Senior Development Services Specialist Bartholick gave the June 2026 building report, which showed 36 building permits were issued. Quarterly Business Licensing Report Licensing Administrator and Building Inspector Jackson reported that in Q2, the City issued 298 general business licenses and five non-profit licenses. Quarterly Grant Report Natural Resources and Grant Administrator Bornsworth discussed the Waterfront District Parking Business Improvement Area, the Salmon Recovery grant, the Multifamily Housing Pipeline, the APEX Accelerator, the Clallam Economic Alliance, and the Lodging Tax fund. COMMISSION REPORTS No reports given due to time constraints. SECOND PUBLIC COMMENT John R., Resident, wishes that there were handouts for the presentations and redlines on the code. Concerned about the definition of best management practices, as a qualified professional can be biased. The Planning Commission packet has too much material to review within five days. ADJOURNMENT Chair Steiger motioned to adjourn the meeting at 8:37 p.m. August 26, 2026 Planning Commission Regular Meeting 3 CITY OF PORT ANGELES PLANNING COMMISSION – July 22, 2026 4 _____________________________________ _______________________________ Danny Steiger, Chair Jalyn Boado-Sousa, Secretary August 26, 2026 Planning Commission Regular Meeting 4 TO: Planning Commission FROM: Courtney Bornsworth, Natural Resources & Grant Administrator MEETING DATE: August 26, 2026 RE: APPLICANT: OWNER: LOCATION: Façade Grant Application for Studio Bob and Sound Bikes & Kayaks (Grant No. 26-0002) Christopher Allen, 118 ½ E Front St, Port Angeles, WA 98362 Angeles Properties, LLC, PO Box 206, Palos Heights, IL 60463 118 1/2 E Front ST, Port Angeles, WA 98362 RECOMMENDATION: Staff recommends the Planning Commission approve the facade improvement grant award amount of $6,226.50 toward the painting and repair of the façade on the building located at 118 1/2 E Front St, Port Angeles, WA (Grant No. 26-0002). PROJECT SUMMARY Studio Bob and Sound Bikes & Kayaks are requesting funding for the painting and repairs of the façade of the building located at 118 ½ E Front St, Port Angeles, WA 9862 (Grant No. 26-0002). A more in-depth description of the proposed work and its intended outcome can be found in “Attachment A” to this document. The desired result of this proposal is to update the paint, remove unnecessary and unsightly metal infrastructure used to hold signs and awnings that no longer exist, remove moss, mildew, and mold, and highlight the Art Deco architectural details that run across the top of the building. STAFF ANALYSIS The Community Façade and Sign Improvement Program was authorized by the City Council through the passing of ordinance #3476. This authorization is represented in Chapter 2.80 of the Port Angeles Municipal Code. The Program will provide a grant for funding of façade improvements that will enhance the physical appearance, accessibility, and overall value of individual buildings as well as the surrounding downtown area. In evaluating proposals for funding, Staff reviewed the “Evaluation criteria and prioritization” of Section 2.80.110: 1.Private contribution over and above the required match; August 26, 2026 Planning Commission Regular Meeting 5 Studio Bob and Sound Bikes & Kayaks, 118 E Front St FSG 26-0002 Page 2 Staff Analysis: Per the submitted budget, the applicant is providing the required 50 percent match. The applicant has selected contractors who are ready to begin work as soon as the grant approval process is complete. 2. Present condition of existing façade: Staff Analysis: As seen in Figure 1, the existing façade is lacking in vibrancy and attractiveness. The historic nature of the building and the Art Deco architectural details are not well emphasized. The proposed changes will assist in brightening up the public space along the Front Street corridor between Lincoln and Laurel Streets. Figure 1 Existing view of the Facade from the North. 3. The building’s overall public visibility; Staff Analysis: The building is highly visible along the Front Street corridor. It sits directly across from the Gateway Center, Coho Ferry Terminal Parking, and traffic passing through Downtown by both foot and automobile. 4. Expected increase in assessed value of improvement; Staff Analysis: The improvements to the structure are in line with the purpose of the grant and will undoubtedly increase the assessed value of the structure. The façade of the August 26, 2026 Planning Commission Regular Meeting 6 Studio Bob and Sound Bikes & Kayaks, 118 E Front St FSG 26-0002 Page 3 building has been neglected over the years, and the much-needed improvements will enhance the overall physical appearance and historic preservation of the building, thereby contributing to the overall value of the individual building and surrounding areas. 5. Historic Preservation; Staff Analysis: City records for the structure date back to 1925. The building was originally constructed as an office and retail block by Julius Kirshberg. The original tenant, M & S (Mullen and Schuller) Realty, was eventually joined by a café and the Pay ‘n Takit Store. Over the years, a bowling alley was opened on the second floor, as well as a lodge hall. The basement is part of the City’s Underground and Heritage Tours. Though significantly modified, modernized, and adjusted over time, the building provides an important historical contribution to understanding the overall integrity of the downtown area. It is likely that the building predates historic designation requirements. The changes being proposed to the structure are intended to keep with historic preservation practices, highlighting the Art Deco architectural details and are not significant enough to be a future detriment to the historic character of the original structure. Figure 2 Proposed rendering of the improvements to the facade, highlighting the Art Deco details. August 26, 2026 Planning Commission Regular Meeting 7 Studio Bob and Sound Bikes & Kayaks, 118 E Front St FSG 26-0002 Page 4 6. Context in the block or neighborhood; Staff Analysis: The building is located in the Central Business District, a highly visible and accessible location for all visitors to the Downtown Corridor. It is adjacent to Olympic Stationers and Captain T’s Shirt Shop. 7. Benefit partner projects on same block; Staff Analysis: Numerous façade improvement grants have been awarded to building on the same block in the past. In 2025, The Hubbub, LLC was awarded a façade improvement grant for their building located at 117 N Lincoln St. HarborTowne, LLC has received grant awards in multiple years including 2013, 2019, and 2024 for their building located at 222 N Lincoln St. The Kokopelli Grill and Coyote BBQ building located at 201 E Front St received awards in 2015 and 2016. The Metta Room building located at 132 E Front St received an award in 2016 for their building located at 132 E Front St. Outside of the immediate block, multiple additional façade improvement grants have been awarded to various locations along the First and Front Street Corridors. FINDINGS, CONDITIONS & CONCLUSIONS Staff determine the following findings based on Staff’s review of the Program’s criteria: Findings 1. The Façade Grant (Application No. 26-0002) was submitted by Christopher Allen to the Department of Community and Economic Development on August 6, 2026. 2. The location of the work proposed is at 118 ½ E Front St, Port Angeles, WA 98362. 3. The project site is located within the Central Business District (CBD) zone. 4. The grant request includes the restoration of the Art Deco architectural facade, including: a. Façade prep as needed for painting. b. Three tone paint job, two coats each. c. Removal of metal brackets and bolts from the face of the façade. d. Highlight the Art deco architectural details across the top of the building. 5. The application was reviewed by Planning Division Staff under the Façade and Sign Grant Program criteria, as included in Chapter 2.80 of the Port Angeles Municipal Code. 6. The applicant is requesting $6,226.50 toward façade improvements valued no more than $12,453.00. August 26, 2026 Planning Commission Regular Meeting 8 Studio Bob and Sound Bikes & Kayaks, 118 E Front St FSG 26-0002 Page 5 7. The request will be heard by the Planning Commission at the regularly scheduled meeting August 26, 2026. Conclusions Based on the findings above, Staff makes the following conclusions: 1. Grant Application No. 26-0002 is found to provide for façade improvements that will enhance the physical appearance and overall value of the Front Street corridor. 2. Grant Application No. 26-0002 is found to meet the grant program’s criteria as included in Section 2.80.110 of the Port Angeles Municipal Code. Conditions Based on Staff’s finding and conclusions, the following conditions are placed on this grant application approval: 1. Upon the August 26th, 2026 Planning Commission’s approval, the applicant may proceed with the expenditures detailed in the application. 2. The applicant shall sign a grant contract with the City of Port Angeles for the reimbursement of a maximum amount of $6,226.50 for façade improvements. The applicant will be given 180 days to submit reimbursement of expenditures associated with the approved grant proposal as of the Planning Commission action. If progress on the project can be demonstrated, the applicant may request one 180- day extension of the contract. 3. Prior to contract signature, signed letters from the proposal’s property owners granting consent to the mural work on their property shall be provided to the Planning Division. The letters should indicate the acceptance of the 5-year requirement to preserve the grant work (Per standard contract language). 4. The applicant shall submit invoices for total reimbursement with a coversheet detailing each invoice number, amount, and type of payment and not exceeding the awarded grant amount. Reimbursement by the City will occur within 30 days of submission. 5. Prior to reimbursement, the property must be available to Staff for a site visit on the property confirming the work was done according to the approved grant application. 6. A building permit shall be required and submitted to the Department of Community & Economic Development for all construction work beyond repair. 7. A right-of-way use permit will be required and submitted to the Department of Public Works & Utilities for any work that may obstruct the Public Right-of-Way. August 26, 2026 Planning Commission Regular Meeting 9 Studio Bob and Sound Bikes & Kayaks, 118 E Front St FSG 26-0002 Page 6 8. Any labor performed in association with the grant proposal over $2,000.00 must meet federal prevailing wage standards. ATTACHMENTS A. Combined application materials B. Draft Contract August 26, 2026 Planning Commission Regular Meeting 10 Page 1 Department of Community & Economic Development 321 E. 5th Street, Port Angeles, WA 98362 360.417.4750 | www.cityof pa.us | ced@cityofpa.us FSG PROGRAM OVERVIEW In 2009 the City Council authorized a Facade and Signage Improvement Program aimed at addressing ongoing concerns with the physical appearance of the downtown and commercial areas. The program was established using Community and Development Block Grant income to provide matching grants to business and property owners that wish to renovate, enhance, and improve highly visible buildings along core commercial corridors throughout the City. GRANT INFORMATION The program allows applicants to request up to: 1. $10,000 for facade improvement; and/or 2. $1,000 for signage improvements. Funding will be matched by 50 percent of total project cost up to the $10,000 and $1,000 maximum funding availability. For instance, a project requesting a $10,000 grant award will require a minimum $20,000 total project cost. *Permit costs are not available for use as an award or match. EVALUATION CRITERIA & PRIORITIZATION Unfortunately, funding for this program is limited and not all eligible proposals are guaranteed funding. Projects will be evaluated competitively by the Community and Economic Development staff based on the following criteria: 1.Private contribution over and above the required match 2.Present condition of existing facade or signage 3.The building’s overall public visibility (i.e., the building’s relationship to commercial streets, public parks, etc.) 4.Expected increase in assessed value of improvement 5.Historic preservation and/or rehabilitation 6.Support the character of the neighborhood and streetscape 7.Priority will be given to projects that benefit partner projects on same block INFORMATION & AWARD PACKET CONTENTS Prior to application to the Facade and Sign Improvement Program, Please carefully review the following pages: Page 1: Facade and Sign Improvement Program Overview Page 2: Program Eligibility - Is your project Eligible? Page 3: Summary of 3-Step Application Process - STEP 1 Page 4: Summary of 3-Step Application Process - STEPS 2 & 3 + Program Contact Information Page 5: Facade and Signage Grant Application Checklist Page 6: Facade and Signage Grant Application 201 FACADE & SIGN IMPROVEMENT PROGRAM GRANT INFORMATION & APPLICATION Attachment A August 26, 2026 Planning Commission Regular Meeting 11 Page 2 IS YOUR PROJECT ELIGIBLE? ELIGIBILITY CRITERIA 1.Location: a property must be located in one of the following: Commercial Arterial (CA), Commercial Shopping District (CSD), Commercial Neighborhood (CN), Commercial Office (CO), and Commercial Business District (CBD) zones or be a conforming commercial use in a non-commercial zone. 2.The owner, for himself and his successors, shall agree to maintain improvements for a minimum of a five-year period. 3.The project shall increase taxable value of building and shall be considered new construction or be a project on property that is not subject to property tax but that does increase the valuation of surrounding property. 4.All funded activities must comply with federal, state and local laws pertaining to labor standards and payment of prevailing wages for contracted work. ELIGIBLE PROGRAM ITEMS The following shall be eligible for funding through the program: 1.Rehabilitation, reconstruction, or restoration to the exterior, streetside of a building facade 2.Glass, windows, doors, trim, and accessories that are part of the streetside facade 3.Signage 4.Awnings, canopies, fences, and landscaping features 5.Street grade entrances which contribute to activity along street edge 6.Professional architectural/design/contractor fees as deemed appropriate for eligible projects *Eligible projects must be for improvements to facades or signs and will require all applicable building and/or sign permits. Applicants are not eligible for both a facade and a sign grant in the same application cycle. * Improvements must conform to the City’s building and zoning codes (PAMC 14 & 17). * Sign projects must conform to the City of Port Angeles’ Sign Ordinance (PAMC 14.36). INELIGIBLE PROGRAM ITEMS The following shall not be eligible for funding through the program: 1.Interior improvements 2.Roof repairs 3.Non-street facing entrances 4.Signs resulting in an increase in sign area as defined by PAMC 14.36.020 and fluttering devices/banners, billboards, moving/rotating signs, temporary signs, reader boards, anything that flashes or adds glare onto public ways or adjacent properties. 5.Buildings and signs for residential and governmental uses are not eligible. 6.Non-permanent or temporary structures. Attachment A August 26, 2026 Planning Commission Regular Meeting 12 Page 3 THE 3 STEP APPLICATION PROCESS - STEP 1 STEP 1: APPLICATION SUBMISSION The first step in applying for the facade and sign improvement program is to have a plan for review. A pre-application meeting with Community and Economic Development Staff is recommended to find out whether or not a grant is eligible for the business’ location and to discuss specific plans for the facade and/or signage. After a pre-application meeting, an application can be submitted with these other attachments: 1. Detailed Project Narrative Description The project narrative should relate how the project will fulfill the criteria that staff will use to review the application. Specifically: 1.In detail, what improvements are being done and why they are necessary. 2.The history of the building. 3.How the project will benefit the community and the immediate streetscape. 4.The project start and finish dates. 2. Detailed Project Budget The Project Budget should identify each component mentioned (including labor at a prevailing wage) and a detail of each component part, cost of unit, number of units, and total cost. For projects of complexity, a cover sheet showing total component costs split into labor and materials helps the Planning Department complete a staff report more quickly. 3. Photographs of Current Conditions Photographs of the facade or sign are mandatory. Photographs of facade or sign details are helpful. 4. Renderings of Proposed Changes An “after picture”, rendering, or engineering/architectural document showing the finished product is mandatory for an application to be deemed complete. Please submit color renderings. Material examples can also be helpful for staff and Planning Commission members to understand the final product. 5. Federal W-9 Form This form should identify the individual or organization to be reimbursed. If the recipient is an organization or business, proof must be provided that the grant signatory has the authority to sign. The digital form can be found at https://www.irs.gov/pub/irs-pdf/fw9.pdf 6. Facade & Sign Grant Application Checklist SUBMISSION OF AN APPLICATION SHALL INCLUDE ALL SIX OF THESE REQUIRED ATTACHMENTS Attachment A August 26, 2026 Planning Commission Regular Meeting 13 Page 4 THE 3 STEP APPLICATION PROCESS - STEPS 2 & 3 STEP 2: PLANNING COMMISSION MEETING Upon receiving a complete application, the Planning Division will produce a staff report, which, when finished, will then be placed on the on the next available Planning Commission agenda for review. After reviewing the application, staff report, and staff recommendations, the Planning Commission will approve or deny the grant proposal. * For the Planning Commission to move for approval of a grant, the applicant or a representative must be present in the audience to make comment or answer any question Commissioners may have concerning the application and staff report. * PLEASE UNDERSTAND THAT APPROVAL by Planning Commission and the signing of a grant agreement does not constitute the issuance of a building permit or land use permit. Permitting should be sought following the approval of the Planning Commission STEP 3: GRANT AGREEMENT AND REIMBURSEMENT Once the grant has been approved by the Planning Commission, the City of Port Angeles will draft and agreement for the payment of the grant amount approved by the Planning Commission. Drafting an agreement may take up to two weeks, so planning a project timeline to reflect this additional period of time is essential for reimbursement. * Projects must be completed within six months of being awarded a grant. Failure to meet this timeline may result in nullification of the grant contract *** IMPORTANT INFORMATION CONCERNING PAYMENTS *** 1.Any work billed, or materials invoiced, before the date signed by the applicant on the agreement with the City of Port Angeles will NOT be available for grant funding. Having correct, easily understandable documents will assist staff in drafting an agreement in a shorter period of time. 2.Any payments brought in must have a proof of price and a transaction. This can be through invoice, credit card receipt, or a copy of a valid check or money order. 3.The city can only pay 50 percent of any payment brought in, up to the agreed upon grant amount. If a grant recipient brings in an invoice with proof of payment for $2,000.00, the City will reimburse up to $1,000.00, or up to the remaining available agreed upon reimbursement amount. 4.Payments are mailed to the applicant every other Friday. Project invoicing and proof of payment must be brought in the week before the payment date for review and approval. Payment will be made within 30 days of reimbursement submission. QUESTIONS? After reviewing the Information & Award process handout, please direct all questions regarding the Facade and Sign Grant Program or Application to: Courtney Bornsworth, Associste Planner Phone: (360) 417-4750 E-mail: ced@cityofpa.us Attachment A August 26, 2026 Planning Commission Regular Meeting 14 Page 5 FACADE & SIGN GRANT APPLICATION CHECKLIST FSG 321 E. 5th Street, Port Angeles, WA 98362 360.417.4750 | www.cityof pa.us | ced@cityofpa.us An application will NOT be considered complete until all element have been completed in the following checklist. Check all that apply: Application Form Project Narrative explaining need for improvement and what is being improved. Project Budget Details: Cover page including: Individual Elements (Windows, Paint, Facia, etc.) Separating Labor and Materials Total Project Cost without Tax Contractor Estimates Before Color Photograph or rendering of each proposed building façade improvement. After Renderings with all work completed Any engineering documents involved in project (If Applicable) FSG ___-____Attachment A August 26, 2026 Planning Commission Regular Meeting 15 Page 6 Department of Community & Economic Development 321 E. 5th Street, Port Angeles, WA 98362 360.417.4750 | www.cityof pa.us | ced@cityofpa.us 321 E. 5th Street, Port Angeles, WA 98362 360.417.4750 | www.cityof pa.us | ced@cityofpa.us FSG ___-____FSG FACADE AND SIGN GRANT APPLICATION APPLICANT AND PROPERTY OWNER INFORMATION Applicant Name: Mailing Address: Contact Name (or SAME): Contact Phone Number: Email Address: Property Owner Name: Mailing Address: Property Owner Phone Number: …I, the Contact, have read the Facade and Sign Grant Information and Award Cover Sheet Handout and understand both the grant award process and required application materials for submission approval. BUSINESS INFORMATION Business Name: Business Address: Business Type/Description: PROJECT INFORMATION Improvement Type …Facade Grant Brief Project Description: …Sign Grant Start Date: End Date: Project cost: Total Funding requested: (Facade: not to exceed 10k and Sign: not to exceed 1k) PROPERTY OWNER CONSENT (IF NOT THE APPLICANT) The owner(s) of the above property is fully aware and agree to all proposed improvements described in grant application. Applicant must have any changes to project proposal approved by property owner(s) Applicant’s Signature: Date: Property Owner’s Signature: Date: Attachment A August 26, 2026 Planning Commission Regular Meeting 16 Christopher Allen <chris@studiobob.art> Signature and information needed for Facade Grant Application 3 messages Christopher Allen <chris@studiobob.art>Mon, Jul 13, 2026 at 10:20 AM To: Steven Colompos <scolomposlaw@gmail.com> Steven - I am completing the application for applying for a Facade Grant, and need your signature on the form as owner of the property. A digital signature on the PDF is fine. I also need you to fill out your phone number, as I cannot find it in any of my records. I have attached a rendering of what we would like to do. Please let me know if you have any questions. Chris 2 attachments Studio Bob Rendering_FINAL.png 2506K Facade and Sign Improvement Grant Application_202606111704375020.pdf 573K Steven Colompos <scolomposlaw@gmail.com>Mon, Jul 13, 2026 at 6:46 PM To: Christopher Allen <chris@studiobob.art> I couldn't print the form. The owner of record is Angeles Properties, LLC, not me. I use a 24hr answering machine and fax 708-448-8410. Good luck with the project From: Christopher Allen <chris@studiobob.art> Sent: Monday, July 13, 2026 5:20 PM To: Steven Colompos <scolomposlaw@gmail.com> Subject: Signature and information needed for Facade Grant Application [Quoted text hidden] Christopher Allen <chris@studiobob.art>Mon, Jul 13, 2026 at 8:51 PM To: Steven Colompos <scolomposlaw@gmail.com> Steven - Thanks for getting back on such short notice. I have changed the owner of record to Angeles Properties, LLC. If you, or another representative of Angeles Properties LLC, download the document, there is an option to sign it electronically. It's the option circled in red on the attached screenshot. If you do that, you can save the changes, and then email it back. I can then print it and submit it. I can also find out if any other form of acknowledgment on your part (a letter, an email, something) would be acceptable, but I think they would like a signature of some sort. I was also hoping for clarification on whether we might be receiving financial support from your end, in order to get our budget lined up. Thank you for your consideration. Attachment A August 26, 2026 Planning Commission Regular Meeting 17 Chris [Quoted text hidden] 2 attachments Screenshot 2026-07-13 8.30.42 PM.png 5K Facade and Sign Improvement Grant Application_202606111704375020.pdf 573K Attachment A August 26, 2026 Planning Commission Regular Meeting 18 Facade Grant Narrative 118 Front Street was built in 1925, and has served many purposes over the years, including as a department store, Moose Lodge, Karate studio, and most recently, Sound Kayaks and Bikes and Studio Bob. It is located between Lincoln Street and Laurel Street, making it one of the most visible buildings to people coming downtown by car and by the Coho Ferry. We would like to update the paint, remove unnecessary and unsightly metal infrastructure used to hold signs and awnings that no longer exist, remove moss, mold, mildew, and highlight the Art Deco architectural details that run across the top of the building. THe main paint color would be a rustic, denim kind of blue. Highlight colors would be a midnight/charcoal blue and a rich burgundy red for the window framing and the deco feature. There will also be work done to the frames of the second story windows in order to ensure their long-term structural integrity. Updating the front of this building would add to the visual appeal of the downtown shopping district and certainly increase the value of the building itself. This project would start in late August/early September, and be concluded within 2 weeks. Additional information regarding the building can be seen in the document labeled M & S Realty Building History Attachment A August 26, 2026 Planning Commission Regular Meeting 19 Budget: Painting - Under the Sun quote - $11,928 - Breakdown of Elements: Exterior painting: - Three tone paint job. Two coats. - Bleach and pressure wash. Repair as needed. - Sand, caulk and prime as needed. - Sand and prime all window trim, repair as needed - Remove all metal brackets and bolts from the face of the building Breakdown of Materials and Labor: Labor 120.00 65.00 $ 7,800.00 Materials 1 2688.00 $ 2,688.00 Materials Lift 1 week @ $1,200 + 20% 1.00 1440.00 $ 1,440.00 Lift Towing - Angeles Rentals - $300 - See Attached Design Consultants - 123 Design Collective - 3 hrs @ $75/hr = $225 Total $12,453 Attachment A August 26, 2026 Planning Commission Regular Meeting 20 UNDER THE SUN PAINTING ESTIMATE Nathan Inman Cell: (360)797-3140 Email: underthesunpaintingpa@gmail.com Address: 2321 S Peabody St, Port Angeles, WA 98362 UBI: 604-776-696 General Contractor License # UNDERSP799O1 Chistopher Allen 831-234-4250 info@studiobob.art 118 1/2 E Front St Port Angeles, Wa 98362 6/22/2026 7/22/2026 Exterior painting: - Three tone paint job. Two coats. - Bleach and pressure wash. Repair as needed. - Sand, caulk and prime as needed. - Sand and prime all window trim, repair as needed - Remove all metal brackets and bolts from the face of the building - Lift quote is included (may not be necessary, see quote attached q10277) Labor 120.00 65.00 $ 7,800.00 Materials 1 2688.00 $ 2,688.00 Materials Lift 1 week @ $1,200 + 20% 1.00 1440.00 $ 1,440.00 SUBTOTAL TAX RATE 8.90% SALES TAX $ 1,061.59 * Above information is an estimate only based on the requirements described by the customer. * UTS bills on an hourly basis. Actual cost might be more or less depending on the work completed. * 30% of the estimated amount deposit required prior to the beginning of each project. * A final invoice due upon received will be issued after completion of the project to reflect the actual cost of completed work and taxes. * In the event of non payment, the 30% deposit is also an agreement of intent to lien the property by Under The Sun Painting. * Please feel free to reach out if you have any questions. GRAND TOTAL Customer Information Job Site Estimate Date Expiration Date PROJECT DESCRIPTION Item Description Qty Rate Amount $ 11,928.00 THANK YOU FOR YOUR BUSINESS! $ 12,989.59 () () () () () () Attachment A August 26, 2026 Planning Commission Regular Meeting 21 Attachment A August 26, 2026 Planning Commission Regular Meeting 22 Attachment A August 26, 2026 Planning Commission Regular Meeting 23 GRANT PROGRAM AGREEMENT BETWEEN City of Port Angeles and The Loom, LLC This agreement is made between the City of Port Angeles, a non-charter code city and municipal corporation of the State of Washington (hereinafter referred to as the “City”) and The Loom, LLC (hereinafter called the Grantee) for the façade improvement project described in this document and its attachments (herein called the Project). WHEREAS, the City has allocated Community Development Block Grant (CDBG) program income to a façade improvement and rehabilitation grant program, which is a CDBG- eligible activity; and WHEREAS, the City has awarded a grant to reimburse a part of the costs of façade improvements for the property located at 118 1/2 E Front St, Port Angeles, WA 98362; Parcel Number 0630005116120000; and WHEREAS, the Grantee has agreed to perform the work to improve the facade of the above described property; NOW, THEREFORE, the City and Grantee do mutually agree to the following terms and conditions regarding the above mentioned property to be improved using City funds through the Facade Grant Program: 1.SCOPE OF SERVICES The Grantee will complete in a satisfactory and proper manner as determined by the City the work described in the Project Overview. A listing of detailed project tasks is in the Façade Grant Application No. 26-0002. PROJECT OVERVIEW Grantee: The Loom, LLC Grant No. 26-0002 Section A: Brief Description Funds will be used to paint and repair the façade of the building located at 118 ½ E Front St in accordance with the approved staff report and application materials. Budget Category Goals/Expected Results/Products: Improvements to the building’s exterior façade. 21AGeneralAdmin The project is anticipated to result in façade improvements that will enhance the physical appearance, accessibility, and overall value of the building as well as surrounding areas. 2.GRANTEE’S OBLIGATIONS Attachment B August 26, 2026 Planning Commission Regular Meeting 24 The Grantee warrants that they are the owner of the above property or has written permission from the Owner of the property to perform the proposed improvements described in the Project Overview and Scope of Work and Budget and incorporated herein by reference. Grantee agrees to complete work described in the attached Application within ONE HUNDRED EIGHTY (180) days after the effective date. In the event the Director of Community and Economic Development finds that the Grantee has commenced the work with reasonable diligence but, due to factors beyond its reasonable control, the Grantee is unable to complete the work within 180 days, the City Manager is authorized to extend the time to complete the work. All façade improvements shall be consistent with zoning and building codes currently in effect for the City. The Grantee shall assure that any permit or review necessary under City ordinances shall be approved prior to beginning the work on the façade improvement begins. The Grantee shall be responsible for the construction and management of the entire project. Once complete, if the façade improvements are maintained for at least five years, the Grantee is not obligated to repay any part of the grant to the CITY. If it is determined, at the City’s sole discretion, that the façade improvements are not maintained for at least five years after completion, the Grantee shall immediately repay to the CITY the amount of the grant, less 20% of the amount for each year the façade improvements were maintained. 3. BUDGET The City will reimburse to the Grantee the amount of 50% or $6,226.50, whichever is less, for eligible incurred costs and expenses for the Project according to the budget shown on the Scope of Work and Budget. Only the work that is outlined in the Project Overview and included in Facade Grant Application No. 26-0002 will be eligible for reimbursement. It is understood that this agreement is funded with CDBG program income funds. The Grantee acknowledges and agrees that the funds must be used only for CDBG-eligible expenditures as proposed in Façade Grant Application No. 26-0002 and approved by the City Planning Commission. 4. PAYMENT Disbursement of funds shall be made only after the Project is complete and certified by City staff to be in compliance with the approved design. The work must also adhere to any required SCOPE OF WORK AND BUDGET Grantee: The Loom, LLC Grant No. 26-0002 Section C: Project Scope and Budget Budget Category Project Activities Project Totals Applicant’s Contribution City Contribution 21AGeneralAdmin Materials and Labor $12,453 $6,226.50 $6,226.50 Attachment B August 26, 2026 Planning Commission Regular Meeting 25 inspections before funds are disbursed for reimbursement. All documentation for payment must be provided at one time to the City for one payout, and the receipts must be provided no later than six (6) months after the application has been approved or as stipulated in the request for an extension. Payment will be made to the Grantee by the City within four weeks after City deems all project costs and documentation to be complete. Payment shall be made only to the Grantee. The Grantee’s request for reimbursement must include itemized invoices detailing the work completed and materials purchased, with proof that payments in full have been made to Contractors and vendors, if applicable. Grantee acknowledges, and agrees to inform its Contractor, that the City has no obligation to pay the Contractor for work performed for the Grantee under this Program. This agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party shall have any claim or right of action hereunder for any cause whatsoever. Unless otherwise agreed to in writing by both parties, the Grantee’s total reimbursement under this agreement, including labor and materials, shall not exceed the maximum sum of $6,226.50. The budget for labor and materials is outlined in the Scope of Work and Budget. Budgets for each line item may be modified upon mutual agreement between the two parties, but in any event, the total payment to Grantee shall not exceed $6,226.50. 5. GENERAL CONDITIONS A. General Compliance. The Grantee agrees to comply with all applicable Federal, State and local laws, regulations, and policies, governing the funds provided under this agreement. B. Effective Date. Grant was approved by the Planning Commission on August 26, 2026 which is the effective date of this agreement. C. Independent Contractor. Nothing contained in this agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Grantee will at all times remain an “independent contractor” with respect to the services to be performed under this agreement. The City will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Grantee is an independent contractor. D. Hold Harmless. The Grantee will hold harmless, defend and indemnify the City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Grantee’s performance or nonperformance of the services or subject matter called for in this agreement. E. Workers’ Compensation. The Grantee will provide Workers’ Compensation Insurance Coverage for all of its employees involved in the performance of this agreement. F. Contract with Contractor. Each contractor who is performing the work approved for this Project shall have a valid State of Washington Contractor’s License. G. Labor Code/Prevailing Wage. Grantee acknowledges and agrees that the Grantee’s improvements to be constructed with the proceeds of the grant constitute construction, alteration, Attachment B August 26, 2026 Planning Commission Regular Meeting 26 demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds. Grantee shall comply with all requirements of applicable federal, state and local laws and regulations pertaining to labor standards and payment of prevailing wages (collectively, "Prevailing Wage Laws"). Grantee shall (i) require its contractors and subcontractors to submit certified copies of payroll records to Grantee; (ii) maintain complete copies of such certified payroll records; and (iii) make such records available to City and its designees for inspection and copying during regular business hours. Grantee shall defend, indemnify and hold harmless the City and its officers, employees, volunteers, agents and representatives from and against any and all present and future claims, arising out of or in any way connected with Grantee’s obligation to comply with all Prevailing Wage Laws, including all claims that may be made by contractors, subcontractors or other third party claimants. H. Funding Source Recognition. The Grantee will ensure recognition of the role of the City in providing services through this agreement. I. Suspension or Termination. The City may suspend or terminate this agreement if the City determines, at its sole discretion, that the Grantee has materially failed to comply with any terms of this agreement, which include (but are not limited to) the following: • Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, guidelines, policies or directives as may become applicable at any time; • Failure, for any reason, of the Grantee to fulfill in a timely and proper manner its obligations under this agreement; or • Submission by the Grantee to the City of reports that are incorrect or incomplete in any material respect. 6. ADMINISTRATIVE REQUIREMENTS A. Financial Management Accounting Standards. The Grantee agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Documentation and Record Keeping. The Grantee will maintain thorough records pertinent to the activities to be funded under this agreement, including records adequate to document that the funds were expended on CDBG-eligible activities. C. Access to Records and Retention. All such records and all other records pertinent to the work undertaken under this agreement will be retained by the Grantee for a period of six years after the City’s final audit of Project, unless a longer period is required to resolve audit findings or litigation. In such cases, the City will request a longer period of record retention. D. Audits and Inspections. All Grantee records with respect to any matters covered by this agreement will be made available to the City and duly authorized officials of the state and federal Attachment B August 26, 2026 Planning Commission Regular Meeting 27 government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Grantee within 30 days after receipt by the Grantee. Failure of the Grantee to comply with the above audit requirements will constitute a violation of this agreement and may result in the withholding of future payments. E. Reporting. The Grantee, at such times and in such forms as the City may require, will furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this agreement. 7. PERFORMANCE WAIVER The City’s failure to act with respect to a breach by the Grantee does not waive its right to act with respect to subsequent or similar breaches. The failure of the City to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 8. ENTIRE AGREEMENT This document states the entire agreement between the City and the Grantee for the use of funds received under this agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the City and the Grantee with respect to this agreement. .................................................................................................................................... IN WITNESS WHEREOF, the City and the Grantee have executed this agreement as of the date and year last written below. CITY OF PORT ANGELES: GRANTEE: The Loom, LLC By: , City Manager By: , Owner Date: Date: Approved as to form: Attest: ____________________________________ Sheida Sahandy, City Attorney Kari Martinez-Bailey, City Clerk Attachment B August 26, 2026 Planning Commission Regular Meeting 28 DATE: August 26, 2026 TO: Planning Commission FROM: Planning Division RE: Phase 2 Municipal Development Code Audit – Wetlands Buffer Options Analysis SUMMARY In June 2026 staff presented an initial audit on current Title 15 municipal code amendment requirements related to the 2025 Comprehensive Plan Periodic Update to the Planning Commission and Critical Areas Ordinance (CAO) Stakeholder Advisory Committee (SAC). Several clarifying questions were raised specific to wetland buffering regulations. Current best available Science from the Washington Department of Ecology provides three options for setting the widths of wetland buffers. • Buffer Alternative 1 sets a fixed width based only on the wetland category. o Strengths: Very simplified buffering that does not require much analysis by staff. o Weaknesses: Provides very little flexibility. With no consideration to the potential impact of the proposed use, a single-family home would have the same buffer requirements as a large industrial building adjacent to the same wetland. All buffer widths would increase for all wetland categories, regardless of the intensity of the use. • Buffer Alternative 2 sets the width based on wetland category and the intensity of impacts from proposed changes in land use, providing some flexibility. A comparison of the existing buffer regulations and Buffer Alternatives 1 and 2 can be seen in Table 1. o Strengths: Provides more flexibility when it comes to setting buffer widths than Alternative 1. Low impact uses on category IV wetlands would have no change in buffer requirements from existing regulations. Buffer widths for low August 26, 2026 Planning Commission Regular Meeting 29 MCA 26-0090 Phase 2 Wetland Buffer Analysis Memo Page 2 impact uses on Category I wetlands would decrease as compared to current regulations. o Weaknesses: Nearly all buffer widths will increase and there is still no consideration of the actual function the wetlands provide during the assessment. • Buffer Alternative 3 sets the width based on wetland category, intensity of impacts, and wetland functions or special characteristics. This alternative also has two options for determining the widths of buffers when they are based on the score for habitat and provides three buffer widths based on habitat scores. o Strengths: Provides the greatest amount of flexibility. It looks at both the intensity of projects and uses and considers the function the wetland is providing. Low impact uses for Category IV wetlands would have the same buffer width requirement as existing regulations, and some Category III wetlands may see a reduction in buffer requirements for all proposed uses if the habitat score is low. With Category III and IV wetlands being the most common in the Port Angeles Urban Growth Area, this alternative results in lower buffer widths than what are currently required in similar situations. Category II wetlands may also see a buffer reduction, as there are multiple buffer widths offered depending on the levels of function for habitat. Wetland Category Existing Buffer Requirements Buffer Alternative 1 Buffer Alternative 2 Category I Buffers Low Intensity - 200 ft High Intensity - 300 ft 300 ft Low Impact - 150 ft Moderate Impact - 225 ft High Impact - 300 ft Category II Buffers Low Intensity - 100 ft High Intensity - 200 ft 300 ft Low Impact - 150 ft Moderate Impact - 225 ft High Impact - 300 ft Category III Buffers Low Intensity - 50 ft High Intensity - 100 ft 150 ft Low Impact - 75 ft Moderate Impact - 110 ft High Impact - 150 ft Category IV Buffers Low Intensity - 25 ft High Intensity - 25 ft 50 ft Low Impact - 25 ft Moderate Impact - 40 ft High Impact - 50 ft Table 1:Comparison of existing, Alternative 1 and Alternative2 buffer requirements for Category I, II, III and IV Wetlands from the 2018 Guidance on Widths of Buffers and Ratios for Compensatory Mitigation. August 26, 2026 Planning Commission Regular Meeting 30 MCA 26-0090 Phase 2 Wetland Buffer Analysis Memo Page 3 o Weaknesses: Requires greater scrutiny and analysis by qualified professionals during reporting and the ability of staff to determine whether the analysis was performed correctly. Additional site visits may need to be performed by staff, especially in situations where Category I and II wetlands are involved. • Buffer Alternative 3A provides a graduated scale of widths for buffers based on habitat scores. o Strengths: Whereas Buffer Alternative 3 works on a step-wise scale, using only three groupings of habitat scores (3-4, 5-7, and 8-9), Buffer Alternative 3A uses a graduated scale to reduce any potential contention that may result in up to a 50-foot buffer increase between scores, such as between a score of 4 and 5. o Weaknesses: There is no set scale for this option. It would be up to the City to determine how the gradient would be set, provided that the scale stays within the limits established from the scientific information that is currently available. Alternative 3 buffers widths are attached to this memo in Attachment A, for review. Careful consideration of all three alternatives will provide a wetland buffer evaluation system that works best for Port Angeles. Regardless of which alternative we choose, buffer widths will change from existing requirements based on the best available science as required by the State. RECOMMENDATION Staff are recommending the adoption of Buffer Alternative 3 as the preferred method for setting buffer requirements based on the best available science provided by the Washington Department of Ecology. This buffering option is also the preferred method by various other jurisdictions in Western Washington that share a similar historic reliance on natural resource economics and water transport due to their coastal or deep-water bay location, including City Of Bellingham, City of Anacortes, City of Aberdeen, City of Port Townsend, City of Tumwater, among others. Utilizing Buffer Alternative 3 would set the City of Port Angeles buffer requirements similar to above communities that share similar natural resource and critical area land use distributions as Port Angeles. Alternative 3 provides the greatest flexibility for evaluating buffer widths. It not only takes into consideration the impact the proposed land use would have on the wetland, but also August 26, 2026 Planning Commission Regular Meeting 31 MCA 26-0090 Phase 2 Wetland Buffer Analysis Memo Page 4 the level of function the wetland provides, which could result in a lower buffer requirement for some Category III wetlands, if they do not provide high quality habitat. References: WA Department of Ecology Wetland Guidance for Critical Areas Ordinance Updates (https://apps.ecology.wa.gov/publications/documents/2206014.pdf) WA Department of Ecology Washington State Wetland Rating System for Western Washington (https://apps.ecology.wa.gov/publications/documents/1406029.pdf) WA Department of Ecology Wetlands in Washington State Vol. 2: Guidance for Protecting and Managing Wetlands, July 2018 Modified Habitat Score Ranges (https://apps.ecology.wa.gov/publications/parts/0506008part3.pdf) WA Department of Ecology Characterizing Wetland Buffers in Washington State (https://apps.ecology.wa.gov/publications/documents/1706008.pdf) August 26, 2026 Planning Commission Regular Meeting 32 July 2018 Modified Habitat Score Ranges July 2018 Modified from Appendix 8-C: Guidance on Buffers and Ratios for Western Washington Wetlands in Washington State Volume 2 – Protecting and Managing Wetlands Ecology Publication No. 05-06-008 6 8C.2.3 Buffer Alternative 3: Width Based on Wetland Category, Intensity of Impacts, Wetland Functions, or Special Characteristics The third alternative provides the most flexibility by basing the widths of buffers on three factors: the wetland category, the intensity of the impacts (as used in Alternative 2), and the functions or special characteristics of the wetland that need to be protected as determined through the rating system. The recommended widths for buffers are shown in Tables 8C-4 to 8C-7. Using this alternative, a wetland may fall into more than one category in the table. For example, an interdunal wetland may be rated a Category III wetland because it is an isolated interdunal wetland, but it may be rated a Category II wetland based on its score for functions. Table 8C-4. Width of buffers needed to protect Category IV wetlands in western Washington (Buffer Alternative 3 for wetlands scoring less than 16 points for all functions). Wetland Characteristics Buffer Widths by Impact of Proposed Land Use Other Measures Recommended for Protection Score for all 3 basic functions is less than 16 points Low - 25 ft Moderate – 40 ft High – 50 ft No recommendations at this time1 1 No information on other measures for protection was available at the time this document was written. The Washington State Department of Ecology will continue to collect new information for future updates to this document. If a wetland meets more than one of the characteristics listed in Tables 8C-4 to 8C-7, the buffer recommended to protect the wetland is the widest one. For example, if a Category I wetland (Table 8C-7) scores 8 points for habitat and 7 points for water quality functions, a 300-foot buffer is needed for land uses with high impacts because the widths needed to protect habitat are wider than those needed for the other functions. Attachment A MCA 26-0090 Phase 2 Wetland Buffer AnalysisAugust 26, 2026 Planning Commission Regular Meeting 33 July 2018 Modified Habitat Score Ranges July 2018 Modified from Appendix 8-C: Guidance on Buffers and Ratios for Western Washington Wetlands in Washington State Volume 2 – Protecting and Managing Wetlands Ecology Publication No. 05-06-008 7 Table 8C-5. Width of buffers needed to protect Category III wetlands in western Washington (Buffer Alternative 3 for wetlands scoring 16 - 19 points for all functions). Wetland Characteristics Buffer Widths by Impact of Proposed Land Use Other Measures Recommended for Protection Moderate level of function for habitat (score for habitat 6 - 7 points)* *If wetland scores 8-9 habitat points, use Table 8C-6 for Category II buffers Low - 75 ft Moderate – 110 ft High – 150 ft No recommendations at this time Score for habitat 3-5 points Low - 40 ft Moderate – 60 ft High – 80 ft No recommendations at this time 1 Attachment A MCA 26-0090 Phase 2 Wetland Buffer AnalysisAugust 26, 2026 Planning Commission Regular Meeting 34 July 2018 Modified from Appendix 8-C: Guidance on Buffers and Ratios for Western Washington Wetlands in Washington State Volume 2 – Protecting and Managing Wetlands Ecology Publication No. 05-06-008 8 July 2018 Modified Habitat Score Ranges Table 8C-6. Width of buffers needed to protect Category II wetlands in western Washington (Buffer Alternative 3 for wetlands scoring 20 - 22 points for all functions or having the “Special Characteristics” identified in the rating system). Wetland Characteristics Buffer Widths by Impact of Proposed Land Use (Apply most protective if more than one criterion is met.) Other Measures Recommended for Protection High level of function for habitat (score for habitat 8 - 9 points) Low - 150 ft Moderate – 225 ft High – 300 ft Maintain connections to other habitat areas Moderate level of function for habitat (score for habitat 6 - 7 points) Low - 75 ft Moderate – 110 ft High – 150 ft No recommendations at this time2 High level of function for water quality improvement and low for habitat (score for water quality 8 - 9 points; habitat less than 6 points) Low - 50 ft Moderate – 75 ft High – 100 ft No additional surface discharges of untreated runoff Estuarine Low - 75 ft Moderate – 110 ft High – 150 ft No recommendations at this time2 Interdunal Low - 75 ft Moderate – 110 ft High – 150 ft No recommendations at this time2 Not meeting above characteristics Low - 50 ft Moderate – 75 ft High – 100 ft No recommendations at this time2 2 See footnote on the previous page. Attachment A MCA 26-0090 Phase 2 Wetland Buffer AnalysisAugust 26, 2026 Planning Commission Regular Meeting 35 July 2018 Modified Habitat Score Ranges July 2018 Modified from Appendix 8-C: Guidance on Buffers and Ratios for Western Washington Wetlands in Washington State Volume 2 – Protecting and Managing Wetlands Ecology Publication No. 05-06-008 9 Table 8C-7. Width of buffers needed to protect Category I wetlands in western Washington (Buffer Alternative 3 for wetlands scoring 23 points or more for all functions or having the “Special Characteristics” identified in the rating system). Wetland Characteristics Buffer Widths by Impact of Proposed Land Use (Apply most protective if more than one criterion is met) Other Measures Recommended for Protection Wetlands Of High Conservation Value Low - 125 ft Moderate – 190 ft High – 250 ft No additional surface discharges to wetland or its tributaries No septic systems within 300 ft of wetland Restore degraded parts of buffer Bogs Low - 125 ft Moderate – 190 ft High – 250 ft No additional surface discharges to wetland or its tributaries Restore degraded parts of buffer Forested Buffer width to be based on score for habitat functions or water quality functions If forested wetland scores high for habitat, need to maintain connections to other habitat areas Restore degraded parts of buffer Estuarine Low - 100 ft Moderate – 150 ft High – 200 ft No recommendations at this time3 Wetlands in Coastal Lagoons Low - 100 ft Moderate – 150 ft High – 200 ft No recommendations at this time3 High level of function for habitat (score for habitat 8 - 9 points) Low – 150 ft Moderate – 225 ft High – 300 ft Maintain connections to other habitat areas Restore degraded parts of buffer Interdunal wetland with high level of function for habitat (score for habitat 8 - 9 points). Low – 150 ft Moderate – 225 ft High – 300 ft Maintain connections to other habitat areas Restore degraded parts of buffer Moderate level of function for habitat (score for habitat 6 - 7 points) Low – 75 ft Moderate – 110 ft High – 150 ft No recommendations at this time3 High level of function for water quality improvement (8 – 9 points) and low for habitat (less than 6 points) Low – 50 ft Moderate – 75 ft High – 100 ft No additional surface discharges of untreated runoff Not meeting any of the above characteristics Low – 50 ft Moderate – 75 ft High – 100 ft No recommendations at this time3 3 See footnote on page 6. Attachment A MCA 26-0090 Phase 2 Wetland Buffer AnalysisAugust 26, 2026 Planning Commission Regular Meeting 36 Wetland name or number ______ Wetland Rating System for Western WA: 2014 Update 13 Rating Form – Effective January 1, 2015 These questions apply to wetlands of all HGM classes. HABITAT FUNCTIONS - Indicators that site functions to provide important habitat H 1.0. Does the site have the potential to provide habitat? H 1.1. Structure of plant community: Indicators are Cowardin classes and strata within the Forested class. Check the Cowardin plant classes in the wetland. Up to 10 patches may be combined for each class to meet the threshold of ¼ ac or more than 10% of the unit if it is smaller than 2.5 ac. Add the number of structures checked. ____Aquatic bed 4 structures or more: points = 4 ____Emergent 3 structures: points = 2 ____Scrub-shrub (areas where shrubs have > 30% cover) 2 structures: points = 1 ____Forested (areas where trees have > 30% cover) 1 structure: points = 0 If the unit has a Forested class, check if: ____The Forested class has 3 out of 5 strata (canopy, sub-canopy, shrubs, herbaceous, moss/ground-cover) that each cover 20% within the Forested polygon H 1.2. Hydroperiods Check the types of water regimes (hydroperiods) present within the wetland. The water regime has to cover more than 10% of the wetland or ¼ ac to count (see text for descriptions of hydroperiods). ____Permanently flooded or inundated 4 or more types present: points = 3 ____Seasonally flooded or inundated 3 types present: points = 2 ____Occasionally flooded or inundated 2 types present: points = 1 ____Saturated only 1 type present: points = 0 ____Permanently flowing stream or river in, or adjacent to, the wetland ____Seasonally flowing stream in, or adjacent to, the wetland ____Lake Fringe wetland 2 points ____Freshwater tidal wetland 2 points H 1.3. Richness of plant species Count the number of plant species in the wetland that cover at least 10 ft 2. Different patches of the same species can be combined to meet the size threshold and you do not have to name the species. Do not include Eurasian milfoil, reed canarygrass, purple loosestrife, Canadian thistle If you counted: > 19 species points = 2 5 - 19 species points = 1 < 5 species points = 0 H 1.4. Interspersion of habitats Decide from the diagrams below whether interspersion among Cowardin plants classes (described in H 1.1), or the classes and unvegetated areas (can include open water or mudflats) is high, moderate, low, or none. If you have four or more plant classes or three classes and open water, the rating is always high. None = 0 points Low = 1 point Moderate = 2 points All three diagrams in this row are HIGH = 3points Attachment B August 26, 2026 Planning Commission Regular Meeting 37 Wetland name or number ______ Wetland Rating System for Western WA: 2014 Update 14 Rating Form – Effective January 1, 2015 H 1.5. Special habitat features: Check the habitat features that are present in the wetland. The number of checks is the number of points. ____Large, downed, woody debris within the wetland (> 4 in diameter and 6 ft long). ____Standing snags (dbh > 4 in) within the wetland ____Undercut banks are present for at least 6.6 ft (2 m) and/or overhanging plants extends at least 3.3 ft (1 m) over a stream (or ditch) in, or contiguous with the wetland, for at least 33 ft (10 m) ____Stable steep banks of fine material that might be used by beaver or muskrat for denning (> 30 degree slope) OR signs of recent beaver activity are present (cut shrubs or trees that have not yet weathered where wood is exposed) ____At least ¼ ac of thin-stemmed persistent plants or woody branches are present in areas that are permanently or seasonally inundated (structures for egg-laying by amphibians) ____Invasive plants cover less than 25% of the wetland area in every stratum of plants (see H 1.1 for list of strata) Total for H 1 Add the points in the boxes above Rating of Site Potential If score is: 15-18 = H 7-14 = M 0-6 = L Record the rating on the first page H 2.0. Does the landscape have the potential to support the habitat functions of the site? H 2.1. Accessible habitat (include only habitat that directly abuts wetland unit). Calculate: % undisturbed habitat + [(% moderate and low intensity land uses)/2] = _______% If total accessible habitat is: > 1/3 (33.3%) of 1 km Polygon points = 3 20-33% of 1 km Polygon points = 2 10-19% of 1 km Polygon points = 1 < 10% of 1 km Polygon points = 0 H 2.2. Undisturbed habitat in 1 km Polygon around the wetland. Calculate: % undisturbed habitat + [(% moderate and low intensity land uses)/2] = _______% Undisturbed habitat > 50% of Polygon points = 3 Undisturbed habitat 10-50% and in 1-3 patches points = 2 Undisturbed habitat 10-50% and > 3 patches points = 1 Undisturbed habitat < 10% of 1 km Polygon points = 0 H 2.3. Land use intensity in 1 km Polygon: If > 50% of 1 km Polygon is high intensity land use points = (- 2) ≤ 50% of 1 km Polygon is high intensity points = 0 Total for H 2 Add the points in the boxes above Rating of Landscape Potential If score is: 4-6 = H 1-3 = M < 1 = L Record the rating on the first page H 3.0. Is the habitat provided by the site valuable to society? H 3.1. Does the site provide habitat for species valued in laws, regulations, or policies? Choose only the highest score that applies to the wetland being rated. Site meets ANY of the following criteria: points = 2  It has 3 or more priority habitats within 100 m (see next page)  It provides habitat for Threatened or Endangered species (any plant or animal on the state or federal lists)  It is mapped as a location for an individual WDFW priority species  It is a Wetland of High Conservation Value as determined by the Department of Natural Resources  It has been categorized as an important habitat site in a local or regional comprehensive plan, in a Shoreline Master Plan, or in a watershed plan Site has 1 or 2 priority habitats (listed on next page) within 100 m points = 1 Site does not meet any of the criteria above points = 0 Rating of Value If score is: 2 = H 1 = M 0 = L Record the rating on the first page Attachment B August 26, 2026 Planning Commission Regular Meeting 38 Wetland name or number ______ Wetland Rating System for Western WA: 2014 Update 15 Rating Form – Effective January 1, 2015 WDFW Priority Habitats Priority habitats listed by WDFW (see complete descriptions of WDFW priority habitats, and the counties in which they can be found, in: Washington Department of Fish and Wildlife. 2008. Priority Habitat and Species List. Olympia, Washington. 177 pp. http://wdfw.wa.gov/publications/00165/wdfw00165.pdf or access the list from here: http://wdfw.wa.gov/conservation/phs/list/) Count how many of the following priority habitats are within 330 ft (100 m) of the wetland unit: NOTE: This question is independent of the land use between the wetland unit and the priority habitat.  Aspen Stands: Pure or mixed stands of aspen greater than 1 ac (0.4 ha).  Biodiversity Areas and Corridors: Areas of habitat that are relatively important to various species of native fish and wildlife (full descriptions in WDFW PHS report).  Herbaceous Balds: Variable size patches of grass and forbs on shallow soils over bedrock.  Old-growth/Mature forests: Old-growth west of Cascade crest – Stands of at least 2 tree species, forming a multi- layered canopy with occasional small openings; with at least 8 trees/ac (20 trees/ha ) > 32 in (81 cm) dbh or > 200 years of age. Mature forests – Stands with average diameters exceeding 21 in (53 cm) dbh; crown cover may be less than 100%; decay, decadence, numbers of snags, and quantity of large downed material is generally less than that found in old-growth; 80-200 years old west of the Cascade crest.  Oregon White Oak: Woodland stands of pure oak or oak/conifer associations where canopy coverage of the oak component is important (full descriptions in WDFW PHS report p. 158 – see web link above).  Riparian: The area adjacent to aquatic systems with flowing water that contains elements of both aquatic and terrestrial ecosystems which mutually influence each other.  Westside Prairies: Herbaceous, non-forested plant communities that can either take the form of a dry prairie or a wet prairie (full descriptions in WDFW PHS report p. 161 – see web link above).  Instream: The combination of physical, biological, and chemical processes and conditions that interact to provide functional life history requirements for instream fish and wildlife resources.  Nearshore: Relatively undisturbed nearshore habitats. These include Coastal Nearshore, Open Coast Nearshore, and Puget Sound Nearshore. (full descriptions of habitats and the definition of relatively undisturbed are in WDFW report – see web link on previous page).  Caves: A naturally occurring cavity, recess, void, or system of interconnected passages under the earth in soils, rock, ice, or other geological formations and is large enough to contain a human.  Cliffs: Greater than 25 ft (7.6 m) high and occurring below 5000 ft elevation.  Talus: Homogenous areas of rock rubble ranging in average size 0.5 - 6.5 ft (0.15 - 2.0 m), composed of basalt, andesite, and/or sedimentary rock, including riprap slides and mine tailings. May be associated with cliffs.  Snags and Logs: Trees are considered snags if they are dead or dying and exhibit sufficient decay characteristics to enable cavity excavation/use by wildlife. Priority snags have a diameter at breast height of > 20 in (51 cm) in western Washington and are > 6.5 ft (2 m) in height. Priority logs are > 12 in (30 cm) in diameter at the largest end, and > 20 ft (6 m) long. Note: All vegetated wetlands are by definition a priority habitat but are not included in this list because they are addressed elsewhere. Attachment B August 26, 2026 Planning Commission Regular Meeting 39 Wetland name or number ______ Wetland Rating System for Western WA: 2014 Update 16 Rating Form – Effective January 1, 2015 CATEGORIZATION BASED ON SPECIAL CHARACTERISTICS Wetland Type Check off any criteria that apply to the wetland. Circle the category when the appropriate criteria are met. Category SC 1.0. Estuarine wetlands Does the wetland meet the following criteria for Estuarine wetlands?  The dominant water regime is tidal,  Vegetated, and  With a salinity greater than 0.5 ppt Yes –Go to SC 1.1 No= Not an estuarine wetland SC 1.1. Is the wetland within a National Wildlife Refuge, National Park, National Estuary Reserve, Natural Area Preserve, State Park or Educational, Environmental, or Scientific Reserve designated under WAC 332 -30-151? Yes = Category I No - Go to SC 1.2 Cat. I SC 1.2. Is the wetland unit at least 1 ac in size and meets at least two of the following three conditions?  The wetland is relatively undisturbed (has no diking, ditching, filling, cultivation, grazing, and has less than 10% cover of non-native plant species. (If non-native species are Spartina, see page 25)  At least ¾ of the landward edge of the wetland has a 100 ft buffer of shrub, forest, or un-grazed or un- mowed grassland.  The wetland has at least two of the following features: tidal channels, depressions with open water, or contiguous freshwater wetlands. Yes = Category I No = Category II Cat. I Cat. II SC 2.0. Wetlands of High Conservation Value (WHCV) SC 2.1. Has the WA Department of Natural Resources updated their website to include the list of Wetlands of High Conservation Value? Yes – Go to SC 2.2 No – Go to SC 2.3 SC 2.2. Is the wetland listed on the WDNR database as a Wetland of High Conservation Value? Yes = Category I No = Not a WHCV SC 2.3. Is the wetland in a Section/Township/Range that contains a Natural Heritage wetland? http://www1.dnr.wa.gov/nhp/refdesk/datasearch/wnhpwetlands.pdf Yes – Contact WNHP/WDNR and go to SC 2.4 No = Not a WHCV SC 2.4. Has WDNR identified the wetland within the S/T/R as a Wetland of High Conservation Value and listed it on their website? Yes = Category I No = Not a WHCV Cat. I SC 3.0. Bogs Does the wetland (or any part of the unit) meet both the criteria for soils and vegetation in bogs? Use the key below. If you answer YES you will still need to rate the wetland based on its functions. SC 3.1. Does an area within the wetland unit have organic soil horizons, either peats or mucks, that compose 16 in or more of the first 32 in of the soil profile? Yes – Go to SC 3.3 No – Go to SC 3.2 SC 3.2. Does an area within the wetland unit have organic soils, either peats or mucks, that are less than 16 in deep over bedrock, or an impermeable hardpan such as clay or volcanic ash, or that are floating on top of a lake or pond? Yes – Go to SC 3.3 No = Is not a bog SC 3.3. Does an area with peats or mucks have more than 70% cover of mosses at ground level, AND at least a 30% cover of plant species listed in Table 4? Yes = Is a Category I bog No – Go to SC 3.4 NOTE: If you are uncertain about the extent of mosses in the understory , you may substitute that criterion by measuring the pH of the water that seeps into a hole dug at least 16 in deep. If the pH is less than 5.0 and the plant species in Table 4 are present, the wetland is a bog. SC 3.4. Is an area with peats or mucks forested (> 30% cover) with Sitka spruce, subalpine fir, western red cedar, western hemlock, lodgepole pine, quaking aspen, Engelmann spruce, or western white pine, AND any of the species (or combination of species) listed in Table 4 provide more than 30% of the cover under the canopy? Yes = Is a Category I bog No = Is not a bog Cat. I Attachment B August 26, 2026 Planning Commission Regular Meeting 40 Wetland name or number ______ Wetland Rating System for Western WA: 2014 Update 17 Rating Form – Effective January 1, 2015 SC 4.0. Forested Wetlands Does the wetland have at least 1 contiguous acre of forest that meets one of these criteria for the WA Department of Fish and Wildlife’s forests as priority habitats? If you answer YES you will still need to rate the wetland based on its functions.  Old-growth forests (west of Cascade crest): Stands of at least two tree species, forming a multi-layered canopy with occasional small openings; with at least 8 trees/ac (20 trees/ha) that are at least 200 years of age OR have a diameter at breast height (dbh) of 32 in (81 cm) or more.  Mature forests (west of the Cascade Crest): Stands where the largest trees are 80- 200 years old OR the species that make up the canopy have an average diameter (dbh) exceeding 21 in (53 cm). Yes = Category I No = Not a forested wetland for this section Cat. I SC 5.0. Wetlands in Coastal Lagoons Does the wetland meet all of the following criteria of a wetland in a coastal lagoon?  The wetland lies in a depression adjacent to marine waters that is wholly or partially separated from marine waters by sandbanks, gravel banks, shingle, or, less frequently, rocks  The lagoon in which the wetland is located contains ponded water that is saline or brackish (> 0.5 ppt) during most of the year in at least a portion of the lagoon (needs to be measured near the bottom) Yes – Go to SC 5.1 No = Not a wetland in a coastal lagoon SC 5.1. Does the wetland meet all of the following three conditions?  The wetland is relatively undisturbed (has no diking, ditching, filling, cultivation, grazing), and has less than 20% cover of aggressive, opportunistic plant species (see list of species on p. 100).  At least ¾ of the landward edge of the wetland has a 100 ft buffer of shrub, forest, or un -grazed or un- mowed grassland.  The wetland is larger than 1/10 ac (4350 ft2) Yes = Category I No = Category II Cat. I Cat. II SC 6.0. Interdunal Wetlands Is the wetland west of the 1889 line (also called the Western Boundary of Upland Ownership or WBUO)? If you answer yes you will still need to rate the wetland based on its habitat functions. In practical terms that means the following geographic areas:  Long Beach Peninsula: Lands west of SR 103  Grayland-Westport: Lands west of SR 105  Ocean Shores-Copalis: Lands west of SR 115 and SR 109 Yes – Go to SC 6.1 No = not an interdunal wetland for rating SC 6.1. Is the wetland 1 ac or larger and scores an 8 or 9 for the habitat functions on the form (rates H,H,H or H,H,M for the three aspects of function)? Yes = Category I No – Go to SC 6.2 SC 6.2. Is the wetland 1 ac or larger, or is it in a mosaic of wetlands that is 1 ac or larger? Yes = Category II No – Go to SC 6.3 SC 6.3. Is the unit between 0.1 and 1 ac, or is it in a mosaic of wetlands that is between 0.1 and 1 ac? Yes = Category III No = Category IV Cat I Cat. II Cat. III Cat. IV Category of wetland based on Special Characteristics If you answered No for all types, enter “Not Applicable” on Summary Form Attachment B August 26, 2026 Planning Commission Regular Meeting 41 DATE: August 26, 2026 TO: Planning Commission FROM: Planning Division RE: Phase 2 Municipal Development Code Chapter 15.22 Articles IV – VII Summary SUMMARY Since the July Planning Commission meeting, staff have continued drafting the remaining articles in new Chapter 15.22 required for the Critical Areas Ordinance update. This memo serves to summarize the draft amendments for the following: • Article IV – Critical Aquifer Recharge Areas • Article V – Frequently Flooded Areas • Article VI – Geologically Hazardous Areas; and • Article VII – Fish and Wildlife Habitat Conservation Areas. While reviewing, please note the following color coordinated text for reference: Blue Text is language from existing regulation that has not been modified, Green Text is language from existing regulation that has been amended, and Black Text is new language entirely. ARTICLE IV – CRITICAL AQUIFER RECHARGE AREAS (CARAs) Critical aquifer recharge areas with a critical recharging effect on aquifers used for potable water, as defined by Washington Administrative Code (WAC) 365-190-030. Although the City does not currently use CARAs for potable water, we do have several CARAs that are designated throughout city limits based on the criteria in the WAC. Regulating specific activities in locations that have designated CARAs would position the City to begin protecting groundwater quality and quantity, should the need arise in the future to utilize groundwater as a drinking source. Given the nature of climate change and the water shortages the City faces on an annual basis, it would be wise to begin implementing protection standards of these CARAs. August 26, 2026 Planning Commission Regular Meeting 42 MCA 26-0090 Phase 2 Articles IV – VII Summary Memo Page 2 Consistent with other jurisdictions who do utilize CARAs for potable water, regulating above- and below-ground storage tanks, agriculture practices, and ground disturbing activities, including clearing and grading, are necessary to ensure contamination of groundwater in these areas does not occur. Staff is recommending the consideration of types of land use allowed in areas that are designated as CARAs to limit high-risk uses of properties, and the additional reporting requirements to allow such uses. Some examples include hazardous substance processing or handling, hazardous waste treatment, storage and disposal facilities, landfills, junk yards, and auto wrecking yards, golf courses, and other uses or activities that are likely to impact the aquifer. The development of this article is being drafted in close coordination with the Port Angeles Fire Department as the regulatory authority for hazardous waste storage and handling within city-limits. ARTICLE V – FREQUENTLY FLOODED AREAS Frequently flooded areas include floodplains and other areas subject to flooding that perform important hydrologic functions and may present a risk to people and property. They include, but are not limited to, the 100-year floodplain designations of the Federal Emergency Management Act (FEMA), and the National Flood Insurance Program (NFIP), known as “special flood hazard areas” which are regulated under PAMC Chapter 15.12 – Flood Damage Prevention. The City updated PAMC Chapter 15.12 in 2025 with strict oversight from FEMA and the Department of Ecology based on the most recent Flood Insurance Rate Maps (FIRMs) dated April 23, 2025. As such, the purpose of this article is to protect the ecological functions and values of floodplains while also protecting buildings, infrastructure, and people from flood risk, consistent with the regulations established in Chapter 15.12. A key piece of regulation that was lacking from the existing Chapter 15.20 requirements was the inclusion of a Habitat Assessment in the Critical Areas Report for any work that is to be permitted within a frequently flooded area. These Habitat Assessment Reports must be consistent with the Regional Guidance for Floodplain Habitat Assessment and Mitigation FEMA Region 10, 2013, (see Reference Section for link) to identify the impact of the proposed development on existing floodplain and instream habitat functions and processes. This is required for communities within the Puget Sound Basin to abide by the Endangered Species Act under the NFIP. August 26, 2026 Planning Commission Regular Meeting 43 MCA 26-0090 Phase 2 Articles IV – VII Summary Memo Page 3 ARTICLE VI – GEOLOGICALLY HAZARDOUS AREAS Geologically hazardous areas are areas that are generally not suited to siting commercial, residential, or industrial development because of their susceptibility to erosion, landslide, earthquake, or other geological events. The purpose of this article is to reduce the risk of damage to structures and property from geologic hazards, allow for natural geologic processes supportive of forming and maintaining fish and wildlife habitat, and regulate land use planning decisions consistent with public health or safety concerns. Notable changes from existing regulation include the addition of tsunami hazard areas, which were previously omitted from PAMC Chapter 15.20. The designation of erosion and landslide hazard areas were updated to be consistent with WAC 365-190-120. Existing regulation identifies these areas as “locally unique feature corridors” further identified as ravines, marine bluffs, and beaches. A minimum buffer of fifty feet is established from the top, toe, and edges or erosion and landslide hazard areas. This buffer is consistent with the existing buffer of marine bluffs and is an increase from 25 feet of the existing ravine buffer. Establishing these buffers ensures special protection to landslide hazard areas that can damage rivers and streams during mass wasting events. This also helps retain vegetation that is crucial to maintaining slope stability and providing drainage control on steep slopes. Similarly, protecting marine bluffs allows the natural functions of beach nourishment to occur while reducing elevated levels of suspended sediments and turbidity. Buffer modifications may be permitted, including a reduced buffer, based on the recommendations of a qualified professional, provided the criteria in draft Section 15.22.420.C can be met. The primary intent of the minimum buffer requirements set forth in this article are to reduce the risks to life, health, safety, and infrastructure when they are adjacent to these areas. Vegetation management for the purpose of viewshed enhancement will still be permitted in these geologically hazardous areas, as it is currently regulated. An applicant must still be able to demonstrate that the viewshed enhancement will not increase geological hazards, such as erosion and landslide potential, and that tree topping will not be utilized. Topping is not an industry standard best practice and will not be allowed. No more than 25% of a tree’s living canopy may be removed over any five-year period, consistent with current regulation and industry standards. Additional critical area report requirements for any proposed use or activity adjacent to a geologically hazardous area must include a geologic hazards assessment and/or August 26, 2026 Planning Commission Regular Meeting 44 MCA 26-0090 Phase 2 Articles IV – VII Summary Memo Page 4 geotechnical report to be prepared by a qualified professional. The specific requirements of the assessment/report are outlined in draft Section 15.22.430. ARTICLE VII - FISH AND WILDLIFE HABITAT CONSERVATION AREAS (FWHCAs) Fish and Wildlife Habitat Conservation Areas (FWHCAs) overlap several other critical areas within the City. They are identified as being of critical importance to the maintenance of certain fish, wildlife, and/or plant species populations, meaning wetlands, frequently flooded areas, and geologically hazardous areas would all be considered FWHCAs. Of primary concern for the City are all of our urban streams and associated riparian areas, waters of the state as defined by RCW 90.48.020, naturally occurring ponds under 20 acres (not including those ponds deliberately created from dry sites, such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds, and landscape amenities), and shellfish areas such as kelp and eelgrass beds and forage fish spawning areas. Protection standards will be established for riparian management zones utilizing the management recommendations from the Washington Department of Fish and Wildlife to maintain existing ecosystem functions and to avoid, minimize, and provide offsets for unavoidable disturbances in these areas. Maintaining riparian connectivity and the quality and quantity of riparian vegetation are key to functioning salmonid habitat. Avoiding fragmentation of these critical areas through development regulation is a key component to maintaining the wildlife corridors that riparian zones establish from the nearshore environment to the Olympic Mountains. Establishment of the riparian management zone, or RMZ, as defined by the Washington Department of Fish and Wildlife is determined by the Site Potential Tree Height, which is the average maximum height of the tallest dominant tree for a given site class, as measured from one of the following features: the ordinary high-water mark, the top of the bank, or the outer edge of the channel migration zone, whichever is furthest from the center of the watercourse. For example, if the SPTH200 of a project site is 150’, the riparian management zone for that location would be 150’ from one of the three markers identified above. In addition to riparian management zones, all remaining applicable fish and wildlife habitat conservation areas have specific development standards associated with them. Of note, any project site with a known state or federally listed endangered, threatened, or sensitive species or anadromous fish may not allow development. Any proposal adjacent to a location that contains known endangered, threatened, or sensitive species or habitats August 26, 2026 Planning Commission Regular Meeting 45 MCA 26-0090 Phase 2 Articles IV – VII Summary Memo Page 5 must receive consultation from the Washington Department of Fish and Wildlife, Washington Department of Natural Resources, and will require the addition of a Habitat Management Plan as part of the critical area report. RECOMMENDATION Staff are recommending Planning Commission review the Title 15 Amendments V3.0 section by section and provide any feedback to staff as necessary prior to the Public Hearing at the September 23, 2026 Planning Commission Meeting. References: Critical Areas Handbook, WA State Department of Commerce (https://deptofcommerce.app.box.com/s/rlysjrfvrxpxwnm9jvbcd3lc7ji19ntp) Critical Aquifer Recharge Areas Guidance, WA State Department of Ecology (https://apps.ecology.wa.gov/publications/documents/0510028.pdf) A Methodology for Delineating Planning-Level Channel Migration Zones, WA State Department of Ecology (https://apps.ecology.wa.gov/publications/documents/1406025.pdf) Floodplain Habitat Assessment and Mitigation Draft Regional Guidance, FEMA (https://www.fema.gov/sites/default/files/documents/fema.gov_habitat-assessment- guide-final_2011.pdf) Washington Geologic Information Portal, WA Department of Natural Resources (https://geologyportal.dnr.wa.gov/#wigm?-14910898,-12562752,5532412,6548719?) Priority Habitats and Species – Site Potential Tree Height Mapping Tool, WA Department of Fish and Wildlife (https://wdfw.maps.arcgis.com/apps/instant/sidebar/index.html?appid=23e7130c627945 5c978ce48f96be8d3e) Priority Habitats and Species on the Web, WA Department of Fish and Wildlife (https://geodataservices.wdfw.wa.gov/hp/phs/) Land Use Planning for Salmon, Steelhead, and Trout, WA Department of Fish and Wildlife (https://wdfw.wa.gov/sites/default/files/publications/00033/wdfw00033.pdf) Riparian Ecosystems, Volume 2: Management Recommendations, WA Department of Fish and Wildlife (https://wdfw.wa.gov/sites/default/files/publications/01988/wdfw01988.pdf) August 26, 2026 Planning Commission Regular Meeting 46 MCA 26-0090 Phase 2 Articles IV – VII Summary Memo Page 6 Riparian Management Zone Checklist for Critical Areas Ordinances, WA Department of Fish and Wildlife (https://wdfw.wa.gov/sites/default/files/2023-04/rmrcaochecklist.pdf) ATTACHMENTS: Attachment A – Title 15 Amendments V3.0 August 26, 2026 Planning Commission Regular Meeting 47 DATE: August 26, 2026 TO: Planning Commission FROM: Planning Division RE: MCA 26-0090 Title 15 Municipal Code Update – Version 3.0 Title 15 Environment WORKING LINE IN/LINE OUT — CHANGED SECTIONS Underlined text indicates proposed additions. Struck text indicates proposed deletions. Please note the following color coordinated text for reference: Blue Text is language from existing regulation that has not been modified, Green Text is language from existing regulation that has been amended, and Black Text is new language entirely 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; August 26, 2026 Planning Commission Regular Meeting 48 MCA 26-0090 Title 15 Code Amendments Page 2 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, unless otherwise exempted, allowed, or permitted by this chapter. “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”. C. “Critical habitat” means habitat necessary for the survival of endangered, threatened, rare, sensitive, or monitor species as identified under the Endangered Species Act. “Cumulative impacts” means the impact on the environment that results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (federal or non-federal) or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time. 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. “Enhancement” means the manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. Activities typically consist of planting vegetation, controlling non-native or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods, or some combination of these activities. August 26, 2026 Planning Commission Regular Meeting 49 MCA 26-0090 Title 15 Code Amendments Page 3 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. “Establishment (or creation)” means the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site where a wetland did not previously exist. Establishment results in a gain in wetland acres. Activities typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils, and support the growth of hydrophytic plant species. 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 of significance to the City of Port Angeles. “Hazard tree” means a tree that has been determined by an International Society of Arboriculture (ISA) Certified Arborist with a valid Tree Risk Assessment Qualification, to be a hazard to people, property, or infrastructure as a result of a risk assessment conducted according to ISA guiding principles. 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. August 26, 2026 Planning Commission Regular Meeting 50 MCA 26-0090 Title 15 Code Amendments Page 4 “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 activity that results in the movement of earth, or a change in the existing cover (both vegetative and non-vegetative) and/or the existing soil topography, that may cause or contribute to erosion or sedimentation. Land disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction will also be considered a land disturbing activity.: 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 features or landforms often 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. August 26, 2026 Planning Commission Regular Meeting 51 MCA 26-0090 Title 15 Code Amendments Page 5 T. “Qualified professional” means a person with relevant training, professional experience, and/or specific academic degrees or state licenses in the pertinent scientific discipline related to the critical area in question. 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 habitats or wetlands must have a degree in biology, marine biology, wetland biology, or habitat ecology. 2. A qualified professional for a geologically hazardous areas 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. “Protection/Maintenance (or Preservation)” means removing a threat to, or preventing the decline of, wetland conditions by an action in or near a wetland. This includes the purchase of land or easements, repairing water control structures or fences, or structural protection such as repairing a barrier island. This term also includes activities commonly associated with the term preservation. Preservation does not result in a gain of wetland acres, may result in a gain of functions, and will be used only in exceptional circumstances. “Re-establishment” means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Re-establishment results in a gain in wetland acres (and functions). Activities could include removing fill material, plugging ditches, or breaking drain tiles. “Reference condition” means a baseline standard, benchmark, or set of normal measurements used to compare and evaluate the health, quality, or performance of an ecosystem, environment, or scientific system. “Rehabilitation” means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could invoice breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. “Restoration” means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former or degraded wetland. For the purpose of tracking net gains in wetland acres, restoration is divided into re-establishment and rehabilitation. “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 required minimum distance for any use, structure, or building from a hazard critical area or its buffer that establishes the building envelope within which any structure or building may be erected or placed. as required by a qualified professional to protect safety for occupants of a development and/or users of a site. August 26, 2026 Planning Commission Regular Meeting 52 MCA 26-0090 Title 15 Code Amendments Page 6 “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 critical 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. “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 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; August 26, 2026 Planning Commission Regular Meeting 53 MCA 26-0090 Title 15 Code Amendments Page 7 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 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 August 26, 2026 Planning Commission Regular Meeting 54 MCA 26-0090 Title 15 Code Amendments Page 8 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. 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. August 26, 2026 Planning Commission Regular Meeting 55 MCA 26-0090 Title 15 Code Amendments Page 9 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 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 August 26, 2026 Planning Commission Regular Meeting 56 MCA 26-0090 Title 15 Code Amendments Page 10 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. August 26, 2026 Planning Commission Regular Meeting 57 MCA 26-0090 Title 15 Code Amendments Page 11 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 14 days after the alteration has occurred. Failure to report the alteration in the time allotted will result in an unauthorized critical area modification pursuant to section 15.22.190. The Director will 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 August 26, 2026 Planning Commission Regular Meeting 58 MCA 26-0090 Title 15 Code Amendments Page 12 diminish water quality or quantity. Tree topping is considered a destructive vegetation practice and is not exempt. 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. 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 August 26, 2026 Planning Commission Regular Meeting 59 MCA 26-0090 Title 15 Code Amendments Page 13 needed to conduct the work. The letter must be submitted along with a critical area exemption application. 3. Unless otherwise specified, approvals will 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. 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: August 26, 2026 Planning Commission Regular Meeting 60 MCA 26-0090 Title 15 Code Amendments Page 14 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; 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 the trees are not located in a landslide or erosion hazard area, and that best management practices consistent with the American National Standards Institute (ANSI) are utilized. 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 and in accordance with ANSI tree pruning standards. Tree topping is considered a destructive practice and is not allowed. Any work that is found to be non-compliant with the provisions of this chapter will be subject to mitigation pursuant to the requirements in PAMC 15.22.140; and v. Vegetation removal or pruning must be done in a manner that minimizes disturbance and prevents adverse effects on soil stability, fish and wildlife habitat, water quality, or water quantity. i. Removal of hazard trees. Trees that pose a threat to life, public safety, or 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; August 26, 2026 Planning Commission Regular Meeting 61 MCA 26-0090 Title 15 Code Amendments Page 15 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. Creation of a habitat snag is preferred over full tree removal, where and when feasible; 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. At a minimum, 50 percent of the replacement trees must be evergreen species. 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: August 26, 2026 Planning Commission Regular Meeting 62 MCA 26-0090 Title 15 Code Amendments Page 16 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 best 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: 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 attempts 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: i. Bridges are required for streams which support salmonids, unless otherwise allowed by the Washington State Department of Fish and Wildlife; ii. All crossings using culverts must use superspan or oversize culverts; iii. Any work within the stream channel must be constructed and installed per the requirements of an applicable State hydraulics permit; iv. No work within the stream channel must occur in salmonid spawning areas; v. 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; vi. Crossings must not diminish flood-carrying capacity; vii. Crossings must provide for routine maintenance of culverts, bridges and utilities; and August 26, 2026 Planning Commission Regular Meeting 63 MCA 26-0090 Title 15 Code Amendments Page 17 viii. 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 15.22.130 to offset losses. 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 August 26, 2026 Planning Commission Regular Meeting 64 MCA 26-0090 Title 15 Code Amendments Page 18 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. 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: August 26, 2026 Planning Commission Regular Meeting 65 MCA 26-0090 Title 15 Code Amendments Page 19 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 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. August 26, 2026 Planning Commission Regular Meeting 66 MCA 26-0090 Title 15 Code Amendments Page 20 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. 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 August 26, 2026 Planning Commission Regular Meeting 67 MCA 26-0090 Title 15 Code Amendments Page 21 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. 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. August 26, 2026 Planning Commission Regular Meeting 68 MCA 26-0090 Title 15 Code Amendments Page 22 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 are 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. 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) August 26, 2026 Planning Commission Regular Meeting 69 MCA 26-0090 Title 15 Code Amendments Page 23 This chapter is hereby deleted in its entirety and moved to a new chapter 15.22 for replacement. ARTICLE III. Wetlands 15.22.210 Purpose A. The purpose of this article is to recognize and protect the many beneficial ecological functions and social services wetlands provide through regulated site planning to avoid or minimize impacts to wetlands wherever possible, to require that activities not dependent upon a wetland location be located in upland sites, and to achieve no net loss of the ecological functions and values wetlands provide through compensatory mitigation to offset losses which are unavoidable. B. This article is intended to be consistent with the requirements of Chapter 36-70A RCW and to implement the goals and policies of the City’s Comprehensive Plan, Climate Resiliency Plan, and Strategic Plan for protecting wetlands. 15.22.220 Identification, delineation, and rating. A. Identification. All areas that meet the criteria in the definition of a wetland consistent with RCW 36.70A.030 will be identified as critical areas and are subject to the provisions of this chapter. Wetlands are dynamic systems that can change over time; as such, delineations must be performed to adequately identify wetlands and their buffers. B. Delineation. The exact location of a wetland’s boundary must be determined through the performance of a field investigation by a qualified wetland professional using the latest version of the approved federal wetland delineation manual and regional supplements. Evidence documenting the results of the boundary survey, including evidence of a lack of wetland indicators if no wetlands are identified, must be submitted to the City with any development application. 1. The delineation should result in a wetland boundary clearly marked in the field and an accurate ground-verified map of the boundaries. The map should be created using either a professional survey or using an equivalent method such as GPS with sub-meter accuracy. The map should also include an indication of where wetlands exist off-site, when feasible. 2. Wetland delineations are valid for five (5) years; after such date, the City will determine if a revision or additional assessment is necessary. C. Rating. Wetlands must be rated according to the Washington Department of Ecology wetland rating system, as set forth in the Washington State Wetland Rating System for Western Washington: 2014 Update (Version 2), and as revised. The wetland categories determined by the rating are as follows: 1. Category I. Category I wetlands are: a. Relatively undisturbed estuarine wetlands larger than one acre; b. Wetlands of high conservation value that have been identified by scientists from the Washington Natural Heritage Program due to the presence of rare species or a rare or high- quality ecosystem type; c. Bogs; d. Wetlands with mature and old-growth forests over one acre in size; e. Wetlands in coastal lagoons; and f. Wetlands that perform many functions well, scoring a 23 or higher on the questions related to functions in the wetland rating form. These wetlands are those that represent a unique August 26, 2026 Planning Commission Regular Meeting 70 MCA 26-0090 Title 15 Code Amendments Page 24 wetland type, are more sensitive to disturbance than most wetlands, or are relatively undisturbed and contain ecological attributes that are impossible to replace within on human lifetime. 2. Category II. Category II wetlands include: a. Estuarine wetlands smaller than one acre in size, or disturbed estuarine wetlands larger than one acre; b. Wetlands that score between 20 – 22 points on the questions related to functions on the wetland rating form. 3. Category III. Category III wetlands are: a. Wetlands with a moderate level of functions, scoring between 16-19 points on the wetland rating form; and b. Can often be adequately replaced with a well-planned mitigation project. 4. Category IV. Category IV wetlands are often heavily disturbed and have the lowest levels of functions, scoring less than 16 in the wetland rating. D. Illegal modifications. When a violation occurs, wetland rating categories do not change due to illegal modifications or alterations. A wetland’s category must be based on the pre-violation condition of the wetland. 15.22.230 Regulated and allowed activities. A. Regulated activities. All development activities and uses are prohibited in wetlands and wetland buffers, unless administered through the permit procedures established in this chapter, and only when it is demonstrated that the activity or use will not result in a net loss of ecological functions and values of the wetland through the application of mitigation sequencing as demonstrated in a critical area report. The following activities are regulated unless otherwise exempted by PAMC 15.22.070 if they occur in a wetland or its buffer: 1. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind; 2. The dumping of, discharging of, or filling with any material; 3. The draining, flooding, or disturbing of the water level or water table; 4. Pile driving; 5. The placing of obstructions; 6. The construction, reconstruction, demolition, or expansion of any structure; 7. The destruction or alteration of wetland vegetation through clearing, harvesting, shading, intentional burning, or planting of vegetation that would alter the character of a regulated wetland, provided that these activities are not part of a forest practice governed under Chapter 76.09 RCW and its rules; 8. Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of wetland water sources, including quantity, or the introduction of pollutants; 9. Land divisions and land use permits that contain regulated wetlands or their buffers or, that may impact a regulated wetland or its buffer, must comply with the following procedures and development standards: August 26, 2026 Planning Commission Regular Meeting 71 MCA 26-0090 Title 15 Code Amendments Page 25 a. Land that is located wholly within a wetland and/or its buffer may not be subdivided; b. Land that is located partially within a wetland or its buffer may be subdivided; provided, that an accessible and contiguous portion of each new lot: i. Is located outside of the wetland and its buffer, and ii. Meets the minimum lot size requirement of Chapter 17.XX c. Land division approvals must be conditioned to require that regulated wetlands and wetland buffers be dedicated as open space tracts, or as an easement or covenant encumbering the wetland and wetland buffer. Such dedication, easement or covenant must be recorded together with the land division and represented on the final plat and title; c. The use of clustered development or similar innovative site planning is strongly encouraged for projects with regulated wetlands and buffers on the project site to accommodate innovation, creativity, and design flexibility; d. After preliminary approval and prior to the final land division or other land use permit approval, the department may require that the common boundary between a regulated wetland and associated buffer and the adjacent land be identified using permanent signs and/or fencing consistent with PAMC 15.22.150 and 15.22.160. 10. Stormwater management facilities may not be located within wetland buffers, with the following exceptions: a. Conveyance systems may be located in wetland buffers on a case-by-case basis if deemed necessary and approved by the Director of Public Works and Utilities. b. Full dispersion of flow, as described in BMP T5.30 of the Department of Ecology's most current SWMMWW, may be allowed in a wetland buffer if approved by the Director of Public Works and Utilities. c. The facilities or methods specified in subsections 10.a and b of this section are allowed only if impacts to the buffer, resulting from their installation, are avoided or mitigated. 11. Stormwater management design and facilities must be consistent with PAMC Section 13.63.190, to protect wetland hydrology and wetland functions. Native vegetation enhancement in wetland buffers may be approved for both buffer enhancement and as part of a best management practice to meet low impact development stormwater standards required by the Washington State Department of Ecology. Any stormwater management facility or method associated with wetlands must meet the state requirements adopted in PAMC Section 13.63.190. B. Allowed activities. In addition to those uses or activities allowed under PAMC section 15.22.080, the following uses or activities may be allowed within a wetland or wetland buffer to the extent they are not prohibited by any other ordinance or law and provided they are conducted using best available science, except where such activities result in the conversion of a regulated wetland or buffer to a use which it was not previously subjected: 1. Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife that does not include changing the structure or functions of the existing wetland or buffer; 2. The harvesting of wild crops in a manner that is not detrimental to the natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, or alteration of the wetland or buffer by changing existing topography, water condition or quality, or water sources; 4. Existing and ongoing agricultural activities that do not minimize adverse impacts to wetlands, water quality, riparian ecology, salmonid populations, and wildlife habitat. New agricultural August 26, 2026 Planning Commission Regular Meeting 72 MCA 26-0090 Title 15 Code Amendments Page 26 activities or existing activities that remove trees, divert or impound water, involve excavation, ditching, draining, culverting, filling, grading, or similar activities that introduce adverse impacts to wetlands are not allowed. a. For all existing and ongoing agricultural activities, the use of best management practices as established by the Natural Resource Conservation Service (NRCS), farm conservation plans, and incentive-based programs to improve agricultural practices in and near wetlands must be used to the extent feasible. 5. The maintenance, but not creation, of existing drainage ditches; 6. Navigation aids and boundary markers; and 8. Boat mooring buoys. C. Special permit uses. Any activity or use other than those specified in this chapter may not be conducted in wetlands or wetland buffers except upon issuance of a critical area development permit by the Director of Community and Economic Development. 15.22.240 Wetland buffers. A. Standard buffer zone widths. Wetland buffer zones are required for all regulated activities adjacent to or likely to impact a regulated wetland to protect the integrity, functions and values of the wetland. The buffer standards required by this chapter presume the existence of a dense vegetation community in the buffer adequate to protect the wetland functions and values. When a buffer lacks adequate vegetation, the Director may increase the standard buffer, require buffer planting or other enhancements, and/or deny a proposal for buffer reduction or buffer averaging. Buffers may not include areas that are functionally and effectively disconnected from the wetland by an existing public or private road. Functionally and effectively disconnected means that the road stops the protective measures provided by a buffer or it disrupts the life cycle of wildlife documented to be using the area. The standard buffer widths will be based on the wetland category, the intensity of the proposed adjacent land use, and the functions or special characteristics of the wetland that need to be protected as determined through the rating system. If a wetland meets more than one of the characteristics listed, the buffer width be that of the widest one: 1. Category I Wetlands. For wetlands rated as a Category I wetland with a score for all three basic functions greater than or equal to 23 points, or having the “special characteristics” identified in the rating system, the following buffer widths apply: Wetland Characteristics Buffer Width (feet) High Intensity Moderate Intensity Low Intensity Wetlands of high conservation value or Bogs 250 190 125 Estuarine or Coastal Lagoons 200 150 100 Forested Buffer width to be based on score for habitat functions or water quality functions (below). Score of 8-9 for habitat function 300 225 150 Score of 6-7 for habitat function 150 110 75 August 26, 2026 Planning Commission Regular Meeting 73 MCA 26-0090 Title 15 Code Amendments Page 27 Score of 8-9 for water quality improvement and less than 6 for habitat 100 75 50 Not meeting any of the above, but still rated as a Category I 100 75 50 2. Category II Wetlands. For wetlands rated as a Category II wetland with a score for all three basic functions of 20 – 22 points or having the “special characteristics” identified in the rating system, the following buffer widths apply: Wetland Characteristics Buffer Width (feet) High Intensity Moderate Intensity Low Intensity Score of 8-9 for habitat function 300 225 150 Score of 6-7 for habitat function 150 110 75 Score of 8-9 for water quality improvement and less than 6 for habitat 100 75 50 Estuarine 150 110 75 Not meeting any of the above, but still rated as a Category II 100 75 50 3. Category III Wetlands. For wetlands rated as a Category III wetland with a score for all three basic functions of 16 – 19 points, the following buffers widths apply: Wetland Characteristics Buffer Width (feet) High Intensity Moderate Intensity Low Intensity Score of 6-7 for habitat function 150 110 75 Score of 3-5 for habitat function 80 60 40 4. Category IV Wetlands. For wetland rated as a Category IV wetland scoring less than 16 points for all functions, the following buffer widths apply: Wetland Characteristics Buffer Width (feet) High Intensity Moderate Intensity Low Intensity Score for all three basic functions less than 16 points 50 40 25 B. Land use intensity. For buffer width determinations as shown above, the land use intensity rating is as follows: August 26, 2026 Planning Commission Regular Meeting 74 MCA 26-0090 Title 15 Code Amendments Page 28 High Land Use Intensity Land use that includes the following: commercial, industrial, institutional, conversion to high-intensity agriculture, high- intensity recreation such as golf courses or ball fields, hobby farms, and residential development with 50 - 75% maximum site coverage. Moderate Land Use Intensity Land use that includes the following: residential development with less than 50% maximum site coverage, moderate-intensity open space such as parks with paved trails, conversion to moderate- intensity agriculture, construction of logging roads associated with regulated forestry activities, and utility corridors or easements including access/maintenance roads. Low Land Use Intensity Land use that includes the following: low-intensity open space activities, trails made of a pervious surface, utility corridors or easements with little or no vegetation management. C. Increased buffer widths. The Director may require increased standard buffer widths on a case-by-case basis when a larger buffer is necessary to protect the functions and values of the wetland, based on local conditions. This determination must be supported by appropriate documentation showing that it is reasonably related to the protection of the functions and values of the regulated wetland. Such determination will be attached as a permit condition and must demonstrate that: 1. A larger buffer is necessary to maintain viable populations of existing species; or 2. The wetland is used by species proposed or listed by the Federal Government or the State as endangered, threatened, rare, monitor, or sensitive, critical or outstanding potential habitat for those species, or has unusual nesting or resting sites, such as heron rookeries or raptor nesting trees; or 3. The adjacent land is susceptible to severe erosion, and erosion control measures will not effectively prevent adverse wetland impacts; or 4. The adjacent land has minimal vegetative cover or slopes greater than 15 percent. D. Reduction of standard buffer widths. No buffer may be reduced unless buffer averaging is infeasible. The Director may reduce the standard wetland buffer width for proposed land uses with high-intensity impacts to those recommended for moderate-intensity impacts on a case-by-case basis where it can be demonstrated that: 1. For wetlands that score moderate or high for habitat (6 points or more for the habitat functions), the width of the buffer can be reduced if both of the following criteria are met: a. A relatively undisturbed, vegetated corridor of at least 100-feet wide is protected between the wetland and any other Priority Habitats as defined by the Washington Department of Fish and Wildlife. The corridor must be protected for the entire distance between the wetland and the Priority Habitat by some type of legal protection such as a conservation easement. b. Measures to minimize the impacts of different land uses on wetlands, such as the examples provided in table XXXX below, are applied. 2. For wetlands that score less than 6 points for habitat, the buffer width can be reduced to that required for moderate land-use impacts if measures to minimize the impacts of the proposed land use are applied as provided in table XXXX. August 26, 2026 Planning Commission Regular Meeting 75 MCA 26-0090 Title 15 Code Amendments Page 29 Examples of Disturbance Activities and Uses that Cause Disturbances Measures to Minimize Impacts Lights • Parking lots • Warehouses • Manufacturing • Residential • Direct lights away from wetlands • Use of shielded light fixtures Noise • Manufacturing • Residential • Locate noise-generating activities away from wetlands Toxic runoff • Parking lots • Roads • Manufacturing • Residential areas • Large-scale use of pesticides • Landscaping and excessive fertilizer use • Route all new, untreated runoff away from wetland while ensuring the wetland is not dewatered • Apply integrated pest management and best practices Stormwater runoff • Parking lots • Roads • Manufacturing • Residential areas • Commercial • Landscaping • Retrofit stormwater detention and treatment for roads and existing adjacent development • Prevent channelized flow from lawns that directly enters the buffer Change in water regime • Impermeable surfaces • Lawns • Tilling • Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns. Pets and human disturbance • Residential areas • Parks and recreation • Use privacy fencing or plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion; place wetland and its buffer in a separate tract. E. Standard buffer width averaging. Standard buffer widths may be modified by averaging buffer widths to improve wetland protection or to allow for reasonable use of a parcel. 1. Averaging to improve wetland protection may be permitted when all the following conditions are met: a. The wetland has significant differences in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent to a degraded emergent component or a dual-rated wetland with a Category I area adjacent to a lower rated area; August 26, 2026 Planning Commission Regular Meeting 76 MCA 26-0090 Title 15 Code Amendments Page 30 b. The buffer is increased adjacent to the higher-functions area of habitat or more sensitive portion of the wetland and decreased adjacent to the lower-functioning or less sensitive portion; c. The total area of the buffer after averaging is equal to the area required without averaging; and d. The buffer is at its narrowest point is never less than 75 percent of the required width. 2. Averaging to allow reasonable use of a parcel may be permitted when all the following criteria are met; a. There are no feasible alternatives to the site design that could be accomplished without buffer averaging; b. The averaged buffer will not result in degradation of the wetland’s functions and values as demonstrated by a report from a qualified wetland professional; c. The total buffer area after averaging is equal to the area required without averaging; and d. The buffer at its narrowest point is never less than 75 percent of the required width. F. Measurement of buffer widths. All buffers must be measured perpendicularly from the wetland boundary as surveyed in the field. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations must be the same as the buffer required for the category of the created, restored, or enhanced wetland. G. Buffers on mitigation sites. All wetland mitigation sites must have buffers consistent with the buffer requirements of this chapter. Buffers must be based on the expected or target category of the proposed wetland mitigation site once the mitigation actions are taken. H. Building setbacks from buffers. Buildings, structures, paving, and other impervious surfaces must be set back 15 feet from the edge of any wetland buffer. The setback must be identified on a site plan that is submitted with the development application. Minor intrusions into the area of the building setback may be allowed if the Director of Community and Economic Development determines that such intrusions will not negatively impact the wetland’s functions and values, or the critical root zone of trees within the buffer. The following minor intrusions into the buffer may be allowed: 1. Landscaping, provided no non-native invasive species are used in the landscaping; 2. Uncovered decks, roof eaves and overhangs, unroofed stairways and steps; 3. Pervious ground surfaces, such as driveways, patios, and parking may be allowed; provided, that they are engineered as a permeable pavement system. Such improvements may be subject to the requirements in PAMC Chapter 13.63, Stormwater – Utility and Regulations. I. Buffer maintenance. Except where otherwise specified or allowed in this accordance with this chapter, final buffer conditions must be maintained and undisturbed from future impacts. In the case of compensatory mitigation sites, removal of nonnative weeds may be required for the duration of the mitigation bond. J. Buffer impacts. Wetland impacts must be avoided and minimized to the greatest extent practicable. Unavoidable impacts to wetlands must be offset by compensatory mitigation to achieve no net loss of wetland functions and values. Mitigation must occur on the same site when feasible or within the same wetland system, when possible. August 26, 2026 Planning Commission Regular Meeting 77 MCA 26-0090 Title 15 Code Amendments Page 31 15.22.250 Critical area report additional requirements. Unless specifically waived by the Director of Community and Economic Development, the following information is required for any proposed use or activity in a wetland or its buffer, in addition to the minimum critical area report requirements pursuant to PAMC 15.22.120. A. A wetland report shall be prepared by a qualified wetland professional. B. Wetland Report. The following areas must be addressed in the wetland report: 1. The project area of the proposed activity; 2. All wetlands identified within 300 feet of the project area; 3. The wetland rating and associated buffer for all wetlands identified within 300 feet of the project area; 4. All shorelines, floodplains, or other applicable critical areas and their associated buffers within 300 feet of the project area. 5. A wetland analysis that includes a written assessment and accompanying maps of the wetlands and buffers within 300 feet of the project area, including the following information at a minimum: a. Wetland delineation, size (acreage) and required buffers based on a professional survey from the field delineation; b. Wetland category, including a description of and score for each function, per wetland ratings PAMC 15.22.220.C; c. Cowardian classification system and vegetation class, as well as the area of each class present; d. Hydrogeomorphic class or classes; e. Soil and substrate conditions; f. Topographic elevations, at two-foot contours; g. An assessment of mitigation sequencing including avoidance, minimization, and mitigation proposed to ensure no net loss of wetland ecological functions and values, clearly identifying and describing any proposed unavoidable impacts and the compensatory mitigation planned for each impact. 15.22.260 Mitigation requirements specific to wetlands. As a condition of any permit allowing alteration of wetlands and/or wetland buffers, or as an enforcement action for illegal modifications to a wetland and/or its buffer, the applicant or violator must engage in compensatory mitigation to offset the impacts resulting from the applicant’s or violator’s actions. A mitigation plan must be developed that is consistent with the minimum plan requirements pursuant to PAMC 15.22.140 and the Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans (Ecology Publication No. 06-06-011b, Olympia WA, March 2006 or as revised). The overall goal of any compensatory mitigation project must be to achieve no net loss of wetland functions and values, and to strive for a net gain over present conditions where feasible. A. Preference of mitigation actions. Mitigation actions must describe how the activity will improve wetland functions, environmental processes, or both, and must occur in the following order of preference after mitigation sequencing has been applied: 1. Restoration: Re-establishment of a former wetland that results in a gain in wetland area and functions. August 26, 2026 Planning Commission Regular Meeting 78 MCA 26-0090 Title 15 Code Amendments Page 32 2. Restoration: Rehabilitation of hydrologic processes to a degraded wetland that results in a gain in wetland function but does not result in a gain in wetland area. 3. Creation (establishment) of new wetland area and functions in a location where they did not previously occur. 4. Preservation of high-quality, at-risk wetlands when done in combination with creation and re- establishment. Preservation as the sole means of mitigation for wetland impacts may be allowed if the wetland area to be preserved meets all of the following criteria: a. The preservation site is determined to be under imminent threat of destruction, adverse modification, or substantive degradation, specifically sites with the potential to experience a high rate of undesirable ecological change due to on- and/or off-site activities; b. The area proposed for protection is of high quality (scores between 20 – 27 points in the wetland rating system), or is critical to the health and ecological sustainability of the watershed or sub-basin. Some of the other high-quality features include: i. Category I or II wetlands using the most recent version of the Wetland Rating System for western Washington, including Wetlands of High Conservation Value; ii. Rare wetland types such as bogs, mature forested wetlands, estuaries, coastal lagoons, or those of high regional or watershed importance; iii. Habitat for threatened or endangered species (state, federal, or both); iv. Provides biological and/or hydrologic connectivity; v. Of regional or watershed importance as indicated in a watershed, salmon recovery, or basin plan; vi. Large size with high species diversity (plants, animals, or both), high abundance of native species, or both; vii. A site that is continuous with the head of a watershed, or with a lake or pond in an upper watershed that significantly contributes to hydrologic processes and water quality. c. The protected wetland and buffer are protected in perpetuity through a conservation easement, deed restriction, or dedication as a separate tract; d. Establishment, restoration, and enhancement opportunities have also been considered, and preservation is the best mitigation option; and e. The site includes buffer areas adequate to protect the habitat and its functions from encroachment and degradation over time. 5. Enhancement of significantly degraded wetlands in combination with restoration or creation. Such enhancement should be part of a mitigation package that includes replacing the impacted area to meet appropriate ratio requirements. Special consideration must be given to the presence of Oregon Spotted Frogs, as they often use lower-quality wetland habitats that are often dominated by reed canarygrass. Examples of enhancement projects may include the following: a. Removal of invasive species, including roots and rootmats, such as reed canarygrass, purple loosestrife, knotweed, or any other recognized noxious weed as identified by the Clallam County Noxious Weed Board; b. Scarification of soil and addition of organic material or other soil amendments; c. Planting trees and shrubs as an emergent wetland dominated by non-native vegetation; August 26, 2026 Planning Commission Regular Meeting 79 MCA 26-0090 Title 15 Code Amendments Page 33 d. Grading to establish multiple hydrologic regimes, from long duration seasonally inundated to saturated; and e. Adding habitat features such as snags, large woody debris, brush piles, rock piles, and nest boxes. B. Compensatory mitigation locations. Under the 2008 Federal Mitigation Rule, applicants are required to use a watershed approach for compensatory mitigation to the extent appropriate and practicable. The ultimate goal is to maintain and improve the quality and quantity of aquatic resources within watersheds through strategic selection of compensatory mitigation sites, based on the following: 1. An understanding of how environmental processes, such as the movement of water, determine the characteristics and functions in a watershed; 2. Determining the extent to which the hydrologic processes, and thus the biological processes, have been altered; 3. Identifying areas where these environmental processes can be most effectively restored and where they need to be protected or maintained; and 4. Using compensatory mitigation to restore and protect those processes and replace wetland functions and types that are relatively rare or limited in the watershed due to historic losses. C. Mitigation banking. Credits from a wetland mitigation bank certified under Chapter 173-700 WAC may be used to compensate for impacts located within the service area specified in the mitigation bank instrument, if: 1. The proposal would provide appropriate compensation for the proposed impacts; 2. The impact site is located in the same service area as the bank; 3. The proposed use of credits is consistent with the terms and conditions of the certified mitigation bank instrument; and 4. Replacement ratios using bank credits are consistent with replacement ratios specified in the certified mitigation bank instrument. D. In-Lieu Fee Mitigation. Development or use of an in-lieu fee program is allowed if the program is established consistent with federal and state regulations and policies. Using credits from an approved in-lieu-fee program must be consistent with mitigation sequencing pursuant to PAMC 15.22.130. E. Mitigation Ratios. The following ratios in table 15.22.XXX and consideration of factors described in this section must be used to determine the relative amount of created, re-established, re-habilitated, enhanced , or preserved that will be required to replace impacted wetlands. The first number refers to the amount of wetland area providing mitigation and the second refers to the amount of wetland area impacted or altered. If a mitigation bank or in-lieu-fee program is used for mitigation requirements, wetland ratios are not applied. The mitigation bank credit system or in-lieu fee program credit system, whichever applies, is used to determine the number and cost of the credits to be purchased to fulfill mitigation requirements. Creation or Re- establishment Re-habilitation Enhancement Preservation Category I, Mature Forested Wetlands 6:1 12:1 24:1 24:1 Category I, Estuarine 4:1 8:1 Case-by-case 16:1 August 26, 2026 Planning Commission Regular Meeting 80 MCA 26-0090 Title 15 Code Amendments Page 34 Category I, Coastal Lagoons 4:1 8:1 Case-by-case 16:1 Category II 3:1 6:1 12:1 16:1 Category III 2:1 4:1 8:1 10:1 (may be case-by-case) Category IV 1.5:1 3:1 6:1 Case-by-case (range from 5:1 to 10:1) 15.22.270 Performance Standards and Requirements. A. Mitigation performance standards. The performance standards in this section must be incorporated into the mitigation plans submitted to the City for impacts to wetlands and/or wetland buffers. The following standards apply to any mitigation proposed within Category I, II, III, and IV wetlands and their buffers. Modifications to these standards consistent with the guidance in “Wetland Mitigation in Washington State: Part 2 – Developing Mitigation Plans” may be considered for approval by the decision-maker as alternatives to the following: 1. Plants native to the region must be used; 2. Plant species selection must be consistent with the existing or projected hydrologic regime, including base water levels and stormwater event fluctuations; 3. Plant species selection must be consistent with the site environmental conditions, such as slope, aspect, soils, and exposure to the elements; 4. Plants should be commercially available or available from local sources. Small-form, bare-root plants are preferred over large specimens to reduce disturbance when planting; 5. Native plants species high in food and cover value for fish and wildlife should be prioritized, as appropriate, for the site; 6. Plant selection must be selected or approved by a qualified professional biologist, botanist, or ecologist; 7. A planting plan must be approved by the city; 8. Stockpiling soil and construction materials should be limited to upland areas outside of any tree protection zones, and contract specifications must limit stockpiling of materials to durations in accordance with city clearing and grading standards, unless otherwise approved by the City. 9. Irrigation must be installed or watering afforded by trucks or hoses to provide water for installed plants or seeded areas to supplement rainfall to ensure plants survive the first two years after installation. 10. All construction specifications and methods must be approved by a qualified professional and the city. The city reserves the right to inspect all ongoing work on site through project completion. August 26, 2026 Planning Commission Regular Meeting 81 MCA 26-0090 Title 15 Code Amendments Page 35 ARTICLE IV. CRITICAL AQUIFER RECHARGE AREAS 15.22.280 Purpose. A. Critical aquifer recharge areas (CARAs) are those 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, as defined by WAC 365-190-030. B. The purpose of this article is to protect the functions and values of groundwater by preventing pollution and maintaining supply, should the City intend to use CARAs for future public water supplies. The quality and quantity of groundwater in an aquifer is inextricably linked to its recharge area. It is the intent of this article to safeguard groundwater resources by mitigating or precluding future discharges of contaminants from new development activities and redevelopment activities. 15.22.290 Applicability and designation. A. Applicability. The provisions of this article apply to regulated facilities that are within or adjacent to those portions of the City of Port Angeles designated as critical aquifer recharge areas on the City’s critical areas map. Regulated activities or facilities are defined as those commercial, industrial, and home occupation uses that: 1. Process or handle hazardous materials in regulated quantities; and 2. Treat or store regulated quantities of hazardous materials. B. Designation. Critical aquifer recharge areas are those areas that include one or more of the following: 1. Areas served by groundwater which have been designated as a “sole source aquifer area” under the Federal Safe Drinking Water Act; 2. Areas designated as “wellhead protection areas” defined by the boundaries of the 10-year time of groundwater travel or boundaries established using alternate criteria provided by the Washington State Department of Health in those settings where groundwater time of travel is not a reasonable delineation criterion, in accordance with WAC 246-290-135; 3. Susceptible groundwater management areas that have been designated as moderately or highly vulnerable or susceptible in an adopted groundwater management program developed pursuant to Chapter 173-100 WAC; 4. Special protection areas defined by WAC 173-200-900; or 5. Moderately or highly vulnerable aquifer recharge areas to degradation or depletion because of hydrogeologic characteristics that are delineated by a hydrogeologic study prepared in accordance with the State Department of Ecology guidelines. 15.22.300 Regulated activities. A. Regulated activities or facilities may be permitted in a critical aquifer recharge area only if the applicant can demonstrate that the proposed activity will not cause contaminants to enter the aquifer and that the proposed activity will not adversely affect the recharging of the aquifer. B. The following regulated activities must comply with the water source protection requirements and recommendations of the Federal Protection Agency, State Department of Health, and the Clallam County Health Department. August 26, 2026 Planning Commission Regular Meeting 82 MCA 26-0090 Title 15 Code Amendments Page 36 1. Aboveground/Underground Storage Tanks or vaults. The City of Port Angeles specifically regulates and authorizes permits for aboveground and underground storage tanks pursuant to the International Fire Code and this chapter. The Washington Department of Ecology also regulates and authorizes permits for underground storage tanks pursuant to Chapter 173-360 WAC. The City of Port Angeles Fire Department regulates and authorizes permits for the removal of abandoned underground storage tanks. 2. Agriculture. Agricultural uses, defined as commercial farming and animal husbandry. 3. Land Disturbing Activities. (To be drafted) 15.22.310 Critical area report additional requirements. A. In addition to the minimum report requirements pursuant to PAMC 15.22.120, a critical area report for any allowed or permitted use that is likely to impact a critical aquifer recharge area must contain the following: 1. A hydrogeologic assessment including, but not limited to, the following: a. Information sources; b. Geologic and hydrologic setting including available recharge, permeability/transmissivity information; c. Available well logs, borings, seeps/springs within 1,000 feet of the project area; d. Available water quality information; e. Groundwater depth, flow direction and gradient based on available information; f. Surface water location and recharge potential; g. Water source supply to the site; h. Any sampling schedules necessary; i. Discussion of the effects of the proposed project on the groundwater resources; j. Description of potential mitigation measures, should it be determined that the proposed project may have an adverse impact on groundwater resources; and k. Other information as required by the City. 2. If the hydrogeologic assessment determines that the facility will have no effect on groundwater resources, the facility is exempt from the development standards as described in PAMC 15.22.320. 3. If the hydrogeologic assessment determined that the facility could have an effect on groundwater resources, the decision-maker will require implementation of applicable development standards in PAMC 15.22.320. 15.22.320 Protection and development standards for regulated activities. A. The following protection and development standards apply to the regulated activities and facilities in areas designated as critical aquifer recharge areas. 1. Aboveground/Underground Storage Tanks or Vaults. Aboveground/underground storage tanks or vaults for the storage of hazardous substances, animal wastes, sewage sludge, fertilizers, or other chemical or biological hazards or dangerous wastes as defined in Chapter 173-303 WAC, or any August 26, 2026 Planning Commission Regular Meeting 83 MCA 26-0090 Title 15 Code Amendments Page 37 other substances, solids, or liquids in quantities identified by the Clallam County Environmental Health Division, consistent with Chapter 173-303, as a risk to groundwater quality, must be designed and constructed so as to: a. Prevent the release of such substances to the ground, ground waters, or surface waters; b. Have constructed around and under it, an impervious containment area enclosing or underlying the tank or part thereof. Impervious containment shall be greater than the volume of the storage area to avoid an overflow of the containment area; c. Provide for release detection; d. Provide written spill response and spill notification procedures to the Stormwater Division of the Port Angeles Public Works & Utilities Department; e. Use material in the construction or lining of the storage containment area which is compatible with the substance to be stored to protect against corrosion or leakage or otherwise designed in a manner to prevent the release or threatened release of any stored substance; and f. Comply with Chapters 173-303 and 173-360 WAC. 2. Agriculture. New agriculture or hobby farms must use best management practices concerning animal husbandry, animal waste disposal, fertilizer use, pesticide use, and wastewater applications. It is highly recommended that farm owners and operators seek the technical assistance of the Clallam County Conservation District for the development of Farm Management Plans. ARTICLE V. FREQUENTLY FLOODED AREAS 15.22.330 Purpose. A. Frequently flooded areas include floodplains and other areas subject to flooding that perform important hydrologic functions and may present a risk to people and property. They include, but are not limited to, the 100-year floodplain designations of the Federal Emergency Management Act (FEMA), and the National Flood Insurance Program (NFIP), known as “special flood hazard areas” which are regulated under PAMC Chapter 15.12 – Flood Damage Prevention. B. The purpose of this article is to protect the ecological functions and values of floodplains while protecting buildings, infrastructure, and people from flood risk. 15.22.340 Designation. A. Special Flood Hazard Areas. Frequently flooded areas include those areas established as special flood hazard areas under PAMC Chapter 15.12, Flood Damage Prevention, including those areas of special flood hazard identified by the Federal Insurance Administrator in a scientific and engineering report entitled “The Flood Insurance Study (FIS) for Clallam County, WA and incorporated areas”, dated April 23, 2025, and any revisions thereto, with accompanying Flood Insurance Rate Maps (FIRMs) dated April 23, 2025, and any revisions thereto. The best available information for flood hazard area identification as outlined in PAMC Chapter 15.12, Flood Damage Prevention, is the basis for regulation until a new FIRM is issued that incorporates the data utilized under PAMC Chapter 15.12, Flood Damage Prevention. B. Channel Migration Zones. Channel migration zones (CMZs) are areas in a floodplain where a stream or river channel can be expected to move naturally over time in response to gravity and topography. August 26, 2026 Planning Commission Regular Meeting 84 MCA 26-0090 Title 15 Code Amendments Page 38 Development situated away from CMZs helps reduce flood and erosion hazards and costly repairs to infrastructure while preventing loss of crucial floodplain habitat. This area is designated using the method established by Rapp and Abbe that defines the CMZ as a composition of the following zones: 1. Historical migration zone. The Historical Migration Zone is the area the stream channel has occupied over the time period spanning the historical record as established through historical maps and aerials. 2. Avulsion hazard zone. The Avulsion Hazard Zone is an area deemed susceptible to avulsion of the main stem channel. Avulsions are abrupt switches in channel course than can have catastrophic consequences for existing floodplain development. Avulsion Hazard Zones may include low-lying floodplain areas capable of capturing main stem flows, and areas between channel bends prone to avulsions that cutoff meander bends. 3. Erosion hazard zone. The Erosion Hazard Zone is an area outside of the Historic Migration Zone that has a reasonable likelihood to be influenced by channel migration over the design life of the CMZ. A CMZ’s Erosion Hazard Zone often extends outside and above the FEMA flood zones along actively migrating streams. 15.22.350 Mapping A. Reference Only. The maps and resources cited in this article are to be used as a guide for the City of Port Angeles Staff, project applicants, and/or property owners, and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. The current FIRMs are filed at the office of the City Clerk, 321 East 5th Street, Port Angeles, WA 98362 and with the City’s GIS Division. 15.22.360 General development standards. A. All development proposals in frequently flooded areas must comply with PAMC Chapter 15.12, Flood Damage Prevention, for general and specific flood hazard protection. B. Base flood data and flood hazard notes must be shown the face of any recorded plat or binding site plan, including, but not limited to, base flood elevations, flood protection elevation, boundary of floodplain, and zero rise floodway. C. All development must conform to the provisions of the currently adopted International Building Code, including submittal of a critical area report. E. Alteration of Watercourses. 15.22.370 Critical area report additional requirements. A. In addition to the minimum report contents required per PAMC 15.22.110, Critical area report, and PAMC 15.22.120, Minimum report requirements, any development proposal in a frequently flooded area must also contain the report requirements per PAMC 15.12.120.B. B. Habitat Assessment Required. Unless otherwise exempted, the critical area report must contain a habitat assessment prepared in accordance with the Regional Guidance for Floodplain Habitat Assessment and Mitigation (FEMA Region X, 2013), or as hereafter amended. The habitat assessment is needed to identify the impact of the proposed development on existing floodplain and instream habitat functions and processes, and must contain, at a minimum, the following elements: 1. A description of the project area, including a map. 2. A description of the project area’s habitat including: a. Background research; August 26, 2026 Planning Commission Regular Meeting 85 MCA 26-0090 Title 15 Code Amendments Page 39 b. Protected species identification; c. Site investigation; d. Habitat narrative; and e. Habitat area map. 3. A description of the project including the goal of the final project, construction processes and BMPs, and protection measures. 4. An assessment of the direct and indirect impacts of the action on any ESA-listed species and their aquatic, riparian, and floodplain habitat areas identified in the description of the project area’s habitat, as well as the cumulative effects of future actions that are reasonably certain to occur. Direct effects must be considered for the following: a. First primary constituent element, such as freshwater spawning sites; b. Second primary constituent element, such as freshwater rearing sites; c. Third primary constituent element, such as freshwater migration corridors; d. Essential Fish Habitat designated by the National Marine Fisheries Service; e. Fish and wildlife habitat conservation areas; f. Vegetation communities and habitat structures; g. Water quality; h. Water quantity, including flood and low flow depths, volumes and velocities; i. The channel’s planform pattern and migration processes; j. Spawning substrate, if applicable; and/or k. Floodplain refugia, if applicable. 5. The effects determination criteria must be consistent with that of the National Marine Fisheries Service, US Fish and Wildlife Service, and the US Army Corps of Engineers: 1. No effect (NE). The project has no effect, whatsoever, to the listed species or designated critical habitat. 2. May Affect, Not Likely to Adversely Affect (NLAA). Any negative effects to the listed species or designated critical habitat are insignificant and/or discountable. A determination of NLAA would also be made for those activities that have only a beneficial effect with no short- or long-term adverse effects. If the effects determination is NLAA, the report should indicate what steps were taken to avoid and minimize any negative project impacts and include a mitigation plan consistent with the guidance provided in the Habitat Assessment and Mitigation document referenced above. 3. Likely to Adversely Affect (LAA). The effects of the project will result in short- or long-term adverse effects on the identified species or designated habitat area. The assessment must include a mitigation plan consistent with the guidance provided in the Habitat Assessment and Mitigation document referenced above. 6. No short- or long-term effects to ESA-listed species or their designated critical habitats are allowed to occur within the Protection Area as established in the Regional Guidance for Floodplain Habitat Assessment and Mitigation, FEMA Region X, 2013. As such, avoidance is the only viable mitigation option. Outside of the Protected Area, any adverse effect must be fully August 26, 2026 Planning Commission Regular Meeting 86 MCA 26-0090 Title 15 Code Amendments Page 40 mitigated to the extent practicable, and the proponent must demonstrate how each of the measures within the mitigation sequence will be used. C. Exemptions. The following activities are exempt from the habitat assessment requirements established above: 1. Repair of existing buildings or structures located entirely within the existing footprint, including damage by fire or other natural disasters unless the repair constitutes substantial improvement or is necessitated by substantial damage; 2. Removal of noxious weeds; 3. Replacement of non-native vegetation with native vegetation; 4. Ongoing maintenance activities such as lawn and garden maintenance of lawfully established landscaped areas; 5. Removal of high-risk hazard trees, unless the tree provides critical habitat, such as an eagle perch or occupied nest; 6. Normal maintenance of public utilities and facilities; 7. Restoration or enhancement of floodplains, riparian areas, and streams that meets federal and state standards. ARTICLE VI. GEOLOGICALLY HAZARDOUS AREAS 15.22.380 Purpose. A. Geologically hazardous areas are areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to siting commercial, residential, or industrial development consistent with public health or safety concerns. It is the purpose of this article is to reduce the risk of damage to structures and property from geologic hazards, to allow for natural geologic processes supportive of forming and maintaining fish and wildlife habitat, and to regulate and inform land use and planning decisions. It is recognized that the elimination of all risk from geologic hazards is not feasible to achieve, but the purpose of this article is to reduce the risk to acceptable levels. B. Special consideration will be given to climate change risks associated with geologically hazardous areas including flooding, sea level rise, and mass wasting/slope failures throughout this article. 15.22.390 Designation. A. The following areas situated within the City of Port Angeles are hereby established as geologically hazardous areas and are subject to the provisions of this chapter: 1. Erosion Hazard Areas. Erosion hazard areas are those areas containing soils which, according to the United States Department of Agriculture Natural Resources Conservation Service (NRCS) Soil Survey Program, may experience significant erosion. They also include coastal erosion-prone areas, channel migration zones, bluffs, steep slopes, and areas with unconsolidated soils. 2. Landslide Hazard Areas. Landslide hazard areas are areas at risk of mass movement due to a combination of geologic, topographic, and hydrologic factors. They include any areas susceptible to landslide because of any combination of bedrock, soil, slope, slope aspect, structure, hydrology, or other factors, and include, at a minimum, the following: a. Areas of historic failures, such as: August 26, 2026 Planning Commission Regular Meeting 87 MCA 26-0090 Title 15 Code Amendments Page 41 i. Those areas delineated by the USDA NRCS as having a significant limitation for building site development; ii. Those coastal areas mapped as class u (unstable), uos (unstable old slides), and urs (unstable recent slides) in the department of ecology Washington Coastal Atlas; or iii. Areas designated as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps published by the United States Geological Survey or Washington Department of Natural Resources. b. Areas with all three of the following characteristics: i. Slopes steeper than 15 percent; ii. Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and iii. Springs or groundwater seepage. c. Areas that have shown movement from 10,000 years ago to the present, or which are underlain or covered by mass wastage debris of this epoch; d. Slopes that are parallel or subparallel to planes of weakness in subsurface materials; e. Slopes having gradients steeper than 80 percent subject to rockfall during seismic shaking; f. Areas potentially unstable as a result of rapid stream incision, stream bank erosion, and undercutting by wave action, including stream channel migration zones; g. Areas that show evidence of, or are at risk from snow avalanches; h. Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding; and i. Any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet except areas composed of bedrock. A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least 10 feet of vertical relief. 3. Seismic hazard areas. Seismic hazard areas are areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement or subsidence, soil liquefaction, surface faulting, debris flows, lahars, or tsunamis. 4. Tsunami hazard areas. Tsunami hazard areas include coastal areas and riverine shoreline areas susceptible to flooding, inundation, debris impact, and/or mass wasting as the result of coastal wave action generated by seismic events or other geologic events. 15.22.400 Mapping. A. The approximate location and extent of known potential geologically hazardous areas are shown on maps maintained by the City. The following resources provide information on the approximate location and extent of geologically hazardous areas and are hereby adopted by reference as amended: 1. Clallam County, Geohazards CCC 27.12.410; 2. Washington Department of Ecology, Coastal Zone Atlas; 3. U.S. Geological Survey geologic maps, landslide hazard maps, and seismic hazard maps; 4. Washington Department of Natural Resources Geologic Information Portal maps, including but not limited to landslides, tsunamis, earthquakes, and soil stability; and 5. USDA Natural Resources Conservation Service Web Soil Survey maps. August 26, 2026 Planning Commission Regular Meeting 88 MCA 26-0090 Title 15 Code Amendments Page 42 B. Reference only. The maps and resources cited above are to be used as a guide for the City of Port Angeles Staff, project applicants, and/or property owners and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. 15.22.410 General Development Standards. A. All development activities and uses are prohibited in geologically hazardous areas and their buffers, except as otherwise provided in this chapter under PAMC 15.22.070, Exempt Activities, 15.22.080, Allowed uses or activities, and 15.22.090, Permitted uses or activities. B. Approvals. New development proposals must be located and/or engineered and constructed to reduce risks to life, health, safety, and buildings, and not increase potential for landslides or erosion that could impact either other properties, public resources, or other critical areas. The City may impose conditions on development activity in a geologically hazardous area as needed to: 1. Protect human life and safety; 2. Minimize the potential for property damage related to seismic events, erosion and/or landslides; 3. Minimize the need for stream or riverbank coastal bluff stabilization in the future; 4. Reduce public liabilities for damages associated with geologic hazards; 5. Protect slope stability and minimize erosion, seismic, and/or landslide hazard risks; 6. Maintain natural sediment and erosion processes that are integral to the health and sustainability of freshwater and marine ecosystems as well as minimizing impacts to stream, river, and coastal processes such as channel infill, channel migration, sediment transport, or flooding. C. Impact Avoidance. Impact avoidance measures must include, but not be limited to, locating the use/development outside of the hazard area, reducing the number, size, or scale of buildings and appurtenant features; altering the configuration or layout of the proposed development; implementing special engineering methods for construction, drainage, and stormwater runoff management; preserving native vegetation, and other feasible protective measures. D. Viewshed enhancement. In landslide and erosion hazard areas, the Director may approve alterations in vegetation coverage for the purposes of viewshed enhancement, 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 fish and wildlife habitat conservation areas, including cumulative impacts to the functions and values of these areas; 3. Remove with appropriate pruning practices more than 25 percent of the live crown of a tree over any five-year period. Pruning must be in support of maintaining tree health and vigor and be in accordance with ANSI tree pruning practices. Tree topping is not an acceptable pruning practice; however, reduction may be utilized on deciduous trees only when approved by an ISA Certified Arborist as an acceptable practice. Window pruning is the preferred pruning method when feasible. 4. Include felling, topping, or removal of trees. The landowner must replace any trees that are felled, topped, or removed with new trees at a ratio of 2:1 within one year of the action in accordance with an approved restoration plan. Tree species that are native to the site with a preference for drought tolerant species must be used. At least one of the replacement trees must be evergreen. August 26, 2026 Planning Commission Regular Meeting 89 MCA 26-0090 Title 15 Code Amendments Page 43 15.22.420 Specific Development Standards. A. Erosion or Landslide Hazards Areas. Areas containing or adjacent to erosion or landslide hazard areas may be altered only when the Director concludes, based on environmental information provided by a qualified professional, the following criteria are met in addition to the general development standards established in PAMC 15.22.410: 1. The proposed alteration includes all appropriate measures to avoid, eliminate, reduce, or otherwise mitigate risks to health and safety. 2. The proposed alteration is outside of an erosion or landslide hazard area and any required buffers as set forth in subsection B of this section. 3. The removal and disturbance of vegetation, clearing, or grading will be limited to the area of the approved development, and will otherwise not be disturbed. 4. The development is outside of the area of potential upslope or downslope surface movement or potential deposition in the event of slope failure. 5. The development will not increase or concentrate stormwater discharge or sedimentation to adjacent properties beyond predevelopment conditions. 6. The development will not decrease slope stability on adjacent properties or increase the risk or frequency of landslide occurrences. 7. The proposed alterations will not adversely impact other critical areas. 8. Structures and improvements will minimize alterations to the slope contour, and will be designed to minimize impervious lot coverage unless such alterations or impervious surfaces are needed to maintain slope stability. 9. Prior to permit issuance, the property owner must sign and record a notice on title, at the owner’s sole expense, a covenant in a form acceptable to the City, which: a. Acknowledges and accepts the risks of the development in the landslide hazard area; b. Waives any rights to claims against the City; c. Indemnifies and holds harmless the City against claims, losses, and damages; and d. Informs subsequent owners of the property of the risks and the covenant. B. Erosion or landslide hazard area buffers. Buffers of undisturbed vegetation will be required from the top, toe, and edges of any identified erosion or landslide hazard area in accordance with the following: 1. A minimum buffer of fifty (50) feet is established from the top, toe, and edges of erosion or landslide hazard areas for new developments, except as otherwise allowed under this subsection. The buffer may not be altered except by a general exemption, variance, or reasonable use exception approval, as authorized by this chapter; provided that such alterations meet all other standards for the protection of fish and wildlife habitat conservation areas. 2. Development proposals on sites that are directly adjacent to a wetland, marine shoreline, or other fish and wildlife habitat conservation area may be subject to additional buffer requirements and standards as set forth in the subsequent articles of this chapter. C. Buffer reduction. The buffer may be reduced by a maximum of 25 percent when a qualified professional is able to demonstrate to the satisfaction of the Director that the proposed development setback will: 1. Not adversely impact the stability of the erosion or landslide hazard area; 2. Not increase erosion and mass movement potential of the landslide hazard area; August 26, 2026 Planning Commission Regular Meeting 90 MCA 26-0090 Title 15 Code Amendments Page 44 3. Use construction techniques that minimize disruption of the existing topography and vegetation; 4. Include measures to overcome any geological, soils, and hydrological constraints of the site; 5. Not adversely impact other critical areas; and 6. Through design and engineering solutions, provide protection to the proposed development and adjacent properties equal to that of the standard buffer. D. Increased buffer. The standard buffer may be increased by the decision-maker based on the critical area report by a qualified professional that indicates a greater buffer is necessary to protect the proposed development and/or adjacent properties. E. Seasonal restriction. Clearing within an erosion or landslide hazard area or buffer may be allowed only from May 1st to October 1st of each year; provided, that the decision-maker may extend or shorten the dry season on a case-by-case basis depending on actual weather conditions and other factors deemed relevant. F. Stormwater management. Prior to any development activity, a plan for collection, transport, treatment and discharge of stormwater in accordance with the requirements of PAMC Chapter 13.63, or as amended, and in accordance with the current adopted Stormwater Management Manual for Western Washington. 15.22.430 Critical Area Report Additional Requirements. A. When City Critical Area Maps or other sources of credible information indicate that a site proposed for development or alteration is, or may be, located within an active or potentially geologically hazardous area, the Director will have the authority to require the submittal of a geological assessment report. B. Geologic Hazards Assessment. A geologic hazards assessment report for a geologically hazardous area must include a field investigation and contain an assessment of whether or not the type of potential geologic hazard identified is present or not present and if development of the site will increase the potential for landslides or erosion on or off the site. Geology hazards assessment reports must be prepared, stamped, and signed by a qualified professional. The report should: 1. Be appropriate for the scale and scope of the project; 2. Include a discussion of all geologically hazardous areas on the site and any geologically hazardous areas off site potentially impacted by or which could impact the proposed project. If the affected area extends beyond the subject property, the geology hazard assessment may utilize existing data sources pertaining to that area; 3. Clearly state that the proposed project will not decrease slope stability or pose an unreasonable threat to persons or property either on or off site and provide a rationale as to those conclusions based on geologic conditions and interpretations specific to the project; 4. Provide a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, and other adequate information to determine compliance with the requirements of this article; 5. Provide conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down-current properties; August 26, 2026 Planning Commission Regular Meeting 91 MCA 26-0090 Title 15 Code Amendments Page 45 6. Geotechnical reports must conform to accepted technical standards and generally follow the guidelines set forth in the Washington State Department of Licensing Guidelines for Preparing Engineering Geology Reports in Washington (2006). In some cases, such as when it is determined that no landslide or erosion risk is present, a full report may not be necessary to determine compliance with this article, and in those cases a stamped letter or abbreviated report may be provided; 7. If a landslide or erosion hazard is identified, provide a recommendation for the minimum no- disturbance buffer and minimum building setback for avoiding the landslide or erosion hazard, based upon the geotechnical analysis; 8. For projects in seismic hazard areas, the report must also include a detailed engineering evaluation of expected ground displacements, amplified seismic shaking, or other liquefaction and/or dynamic settlement effects and proposed mitigation measures to ensure an acceptable level of risk for the proposed structure type or other development facilities such as access roads and utilities. C. Duration. A geological assessment or report for a specific site may be valid for a period of up to five years when the proposed land use activity and site conditions affecting the site are unchanged. However, if any surface and subsurface conditions associated with the site change during that five-year period, the applicant may be required to submit an amendment to the original geological assessment or report. ARTICLE VII. FISH AND WILDLIFE HABITAT CONSERVATION AREAS 15.22.440 Purpose. A. The purposes of this article are to: 1. Ensure sufficient habitat quality, quantity, and connectivity to support long-term, viable populations of fish and wildlife species; 2. Prevent the creation of isolated subpopulations within their natural geographic distribution through development regulation to avoid habitat degradation and minimize fragmentation; 3. Protect, restore, and maintain native fish and wildlife populations by protecting and conserving fish and wildlife habitat through the protection and enhancement of the ecological processes, functions and values, and biodiversity that sustain these resources; 4. Protect marine shorelines, valuable terrestrial habitats, streams and their associated riparian areas, and the ecosystem processes on which these areas depend. 15.22.450 Designation. A. Fish and Wildlife Habitat Conservation Areas (FWHCAs) are those areas identified as being of critical importance to the maintenance of certain fish, wildlife, and/or plant species populations. These areas are typically identified either by known point locations of specific species or by habitat areas, or both. All areas within the City meeting these criteria are hereby designated critical areas and are subject to the provisions of this article. Habitat conservation areas include all of the following: 1. Areas where endangered, threatened, and sensitive species have a primary association as indicated in the U.S . Fish and Wildlife’s Threatened and Endangered Species List of Critical Habitat List, the National Marine Fisheries Service, or the Washington Department of Fish and Wildlife’s Priority Habitats and Species List, as amended; 2. Commercial and recreational shellfish areas; August 26, 2026 Planning Commission Regular Meeting 92 MCA 26-0090 Title 15 Code Amendments Page 46 3. Kelp and eelgrass beds; herring, smelt, and other forage fish spawning areas as identified by the Washington State Department of Natural Resources and the Department of Ecology; 4. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat. These do not include ponds deliberately designed and created from dry sites, such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds, and landscape amenities; 5. Waters of the state as defined in RCW 90.48.020 to include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses in Washington; 6. Lakes, ponds, streams, and rivers planted with game fish by a government or tribal entity; 7. State natural area preserves, natural resource conservation areas, and state wildlife areas; and 8. Species and habitats of local importance as determined by the City. Locally important species and habitats have recreational, cultural, and/or economic values to the community. 15.22.460 Mapping. A. The approximate location and extent of identified fish, wildlife, and sensitive plant habitat areas are shown on the City’s critical area maps as well as state and federal maps and are for reference only. A location-specific assessment is necessary to determine the extent of the potential Habitat Conservation Area when a proposed use or activity is likely to contain a FWHCA. B. The following maps and inventories are hereby adopted by reference, as amended: 1. U.S. Fish and Wildlife Service 2. National Oceanic and Atmospheric Administration Fisheries Northwest Region Critical Habitat Mapper; 3. Washington Department of Fish and Wildlife Priority Habitats and Species maps; 4. Washington Department of Natural Resources Natural Heritage Program mapping data; 5. Washington Department of Natural Resources State Natural Area Preserves and Natural Resource Conservation Area maps; 15.22.470 General development standards for all FWHCAs. A. All new development use and activity proposals are prohibited from fish and wildlife conservation areas and their buffers except in accordance with this chapter, with the exception of those areas in the shoreline jurisdiction that are hereby regulated under PAMC 15.08, Shoreline Management. Alteration of FWHCAs or their buffers is prohibited except as otherwise allowed by this Chapter and may occur only if the proposed alteration of the habitat and any associated mitigation proposed does not degrade the ecological functions and values of the habitat. B. Exemptions. Exemptions from this article are listed in the provisions established in PAMC 15.22.070. All other uses and activities are regulated under this chapter. C. Approvals and best available science. Any approval of alterations or impacts to a FWHCA must be supported by the best available science as described in the required critical area report. The decision- maker may condition approval of activities allowed within or adjacent to a FWHCA or its buffer as necessary to minimize or mitigate any potential adverse impacts and may include, but not be limited to, the following: August 26, 2026 Planning Commission Regular Meeting 93 MCA 26-0090 Title 15 Code Amendments Page 47 1. Establishment of buffer zones and building setbacks. Buffers must consist of an undisturbed area of native vegetation or areas identified for restoration or creation to protect the integrity, functions, and values of the affected habitat. Required buffer widths will reflect the sensitivity of the habitat and the type and intensity of the proposed activity; 2. Preservation or restoration of critically important vegetation and/or habitat features such as snags and downed woody debris; 3. Preservation or enhancement of contiguous wildlife habitat corridors, to minimize fragmentation; 4. Limitation of access to the habitat area, including fencing or signage to deter unauthorized access, provided the fencing does not prohibit wildlife movement through the area; 5. Seasonal restriction of construction activities; 6. Establishment of a duration and timetable for periodic review of mitigation activities, if not already established in the mitigation plan; and 7. Requirement of a performance bond, when necessary, to ensure completion and success of proposed mitigation. D. Non-native species. No plant, wildlife, or fish species not indigenous to the region may be introduced into a FWHCA unless authorized by a state or federal permit or approval. E. Mitigation and Continuous Corridors. Mitigation sites must be located to preserve or achieve contiguous wildlife habitat corridors in accordance with a mitigation plan that is part of an approved critical area report to minimize the isolating effects of development on habitat areas and reduce fragmentation, so long as mitigation of aquatic habitat is located within the same aquatic ecosystem as the disturbed area. F. Mitigation and equivalent or greater biological functions. Mitigation for alterations to FWHCAs must achieve equivalent or greater biologic and hydrologic functions and must include mitigation for any adverse impacts up- or downstream of the project site. 15.22.480 Specific standards for riparian management zones. A. The Washington Department of Fish and Wildlife recognizes riparian ecosystems as a Priority Habitat for fish and wildlife. This area provides full ecological function for bank stability, shade, pollution removal, contributions of detrital nutrients, and recruitment of large woody debris. The City of Port Angeles hereby designates the riparian management zone (RMZ) as the location where protection and restoration of riparian ecosystem functions and values are addressed. B. Designation of the RMZ. The riparian management zone encompasses the riparian ecosystem and the channel migration zone to account for lateral movement of the riparian ecosystem over time. RMZs can also provide habitat for many terrestrial wildlife species and act as an important wildlife corridor. 1. The width of the RMZ is determined by the Site Potential Tree Height (SPTH200), which is the average maximum height of the tallest dominant tree for a given site class, or 100 feet, whichever is greater, measured horizontally. The RMZ is measured from whichever of the following features is furthest from the center of the watercourse: a. The ordinary high-water mark; b. The top of the bank; or c. The outer edge of the channel migration zone (if one exists). August 26, 2026 Planning Commission Regular Meeting 94 MCA 26-0090 Title 15 Code Amendments Page 48 2. Uses or activities that may impact an RMZ must provide a critical areas report prepared by a qualified professional describing the functions and values of the RMZ. The report must include the SPTH200 as determined by WDFW. If SPTH200 is calculated using site-scale data, that information must be included in the report, and clearly identify what inner measurement point was used and the extent of the RMZ with sufficient detail for field verification. The report must demonstrate that the project will result in no net loss of the ecological functions and values for the RMZ and associated species. C. Development standard for parcels containing an RMZ. Unless otherwise allowed in this chapter, all clearing, grading, new structures, or storage of materials and activities must be located outside of the RMZ, as defined in subsection B of this section. The following development standards apply for all parcels containing an RMZ: 1. In locations where an on-site sewage system is determined to be necessary, the system must be located outside of the RMZ; 2. New development that would require bank protection and/or hardening is prohibited, unless it addresses an imminent threat as an emergency activity. Consideration must be given to soft armoring prior to proposing hard armoring with any development proposal. 3. Due to the negative impact on RMZs, clearing, grading, and filling activities that cannot be located outside of the RMZ must limit disturbance and minimize effects to the greatest extent possible. Adequate mitigation must be demonstrated in the HMP pursuant to PAMC section 15.22.510.B. 4. Any action detrimental to habitat and any action affecting trees or vegetation, including but not limited to clearing or removal, are prohibited except as provided in PAMC 15.22.080. 5. If the RMZ is degraded due to the lack of trees or other native vegetation, the presence of invasive or nonnative species, and/or the presence of impervious surface or other development, the applicant must prepare and carry out a restoration plan that restores the ecological function of the RMZ to the extent commensurate with the impact of the development on the RMZ, and according to mitigation standards pursuant to PAMC 15.22.130 and 15.22.140. D. Piped watercourses and roadside ditches. The City recognizes that within the urban environment, many historical streams have been substantially modified to accommodate development, prior to the establishment of these regulations. Several of the regulated and mapped watercourses within the City of Port Angeles pass through natural reaches, modified reaches, piped reaches, and on occasion, along manmade roadside ditches. 1. Development along piped watercourses and ditches that do not meet the definition of a watercourse are subject to a 10-foot setback from the centerline of the pipes watercourse or ditch and are subject to the recording of a utility easement granted to the city for access and maintenance of the watercourse infrastructure. 2. The voluntary opening/daylighting and restoration or rehabilitation of a previously channelized, culverted, or piped watercourse is highly encouraged and may be approved by the decision-maker when the following is demonstrated in the critical area report: a. The restoration will result in a net gain in FWHCA functions, including an improvement in water quality, water storage capacity, and overall ecological functions; b. Opened channels must be designed to support fish and wildlife habitat and uninhibited fish access, unless demonstrated to be infeasible; c. A reduction to the standard RMZ is allowed to a minimum of 25 feet, or as recommended by a qualified professional in the critical area report; August 26, 2026 Planning Commission Regular Meeting 95 MCA 26-0090 Title 15 Code Amendments Page 49 d. The proposal will not significantly increase the threat of erosion, flooding, slope stability, or other natural hazards on the site or adjacent properties; e. The proposal must demonstrate that the conveyance will maintain the flow capacity and not create flooding elsewhere in the drainage basin. E. Enhancement measures. Only those enhancement measures deemed most applicable and/or appropriate for RMZ enhancement projects will be considered in an EMZ modification proposal, and must be supported by best available science in the critical area report. These include, but are not limited to; 1. Removal of fish barriers to restore accessibility to fish; 2. Enhancement of fish habitat using large woody debris incorporated as part of a fish habitat enhancement plan; 3. Enhancement of fish and wildlife habitat structure that are likely to be used by wildlife, including wood duck houses, bat boxes, nesting platforms, the creation or retention of snags, rootwads/stumps, birdhouses, and heron nesting areas; 4. Planting native vegetation within the buffer area, especially vegetation that will increase value for fish and wildlife habitat, increase stream bank or slope stability, improve water quality and quantity, or provide aesthetic or recreational value; 5. Creation of a surface channel where a watercourse was previously underground, in a culvert or pipe. Surface channels to be “daylighted” must be located in an RMZ and must be designed with energy dissipating functions or channel roughness features such as meanders and engineered log jams to reduce future bank failures and nearby flooding; 6. Removal or modification of existing stream culverts, such as road crossings, to improve fish passage, stream habitat, and flow capacities; or 7. Upgrading of retention/detention facilities or other stormwater management facilities beyond required levels. 15.22.490 Specific standards for all other FWHCAs. A. Endangered, threatened, and sensitive species. FWHCAs or buffers that have a primary association for state or federally endangered, threatened, or sensitive species or anadromous fish species are subject to the following: 1. No development is allowed within a FWHCA or buffer with which state or federally listed endangered, threatened, or sensitive species have a primary association, except that which is provided for by a management plan established by the Washington Department of Fish and Wildlife or applicable state or federal agency. 2. Whenever activities are proposed adjacent to a FWHCA with which state or federally endangered, threatened, or sensitive species have primary association, such are must be protected through the application of protection measures in accordance with a critical area report prepared by a qualified professional and approved by the city. Alteration of the FWHCA or its buffer may not occur prior to consultation with the Washington Department of Fish and Wildlife, the Washington Department of Natural Resources, or other appropriate federal or state agencies. August 26, 2026 Planning Commission Regular Meeting 96 MCA 26-0090 Title 15 Code Amendments Page 50 15.22.500 Stormwater management facilities. A. Stormwater management facilities may not be located within stream buffers, with the following exceptions: 1. Conveyance systems may be located in stream buffers on a case-by-case basis if deemed necessary and approved by the Director of Public Works and Utilities. 2. Full dispersion of flow, as described in BMP T5.30 of the Department of Ecology's most current SWMMWW, may be allowed in a stream buffer if approved by the Director of Public Works and Utilities. 3. The facilities or methods specified in subsections A.1 and 2 of this section are allowed only if impacts to the buffer, resulting from their installation, are avoided or mitigated. 4. Stormwater management design and facilities must be consistent with PAMC Section 13.63.190, to protect the hydrology and functions of the RMZ. Native vegetation enhancement in RMZ buffers may be approved for both buffer enhancement and as part of a best management practice to meet low impact development stormwater standards required by the Washington State Department of Ecology. Any stormwater management facility or method associated with RMZs must meet the state requirements adopted in PAMC Section 13.63.190. 15.22.510 Critical area report additional requirements. In addition to the minimum report requirements of PAMC 15.22.120, critical area reports for FWHCAs must meet the requirements of this section. If a project in a FWHCA also has other designated critical areas, such as wetlands or frequently flooded areas, the critical areas report must contain all additional report requirements for each relevant critical area type. A. Prepared by a qualified professional. A critical areas report for FWHCAs must be prepared by a qualified professional biologist, botanist, or ecologist. B. Habitat Management Plan Required. If an RMZ is found to be present and/or impacted by any proposed development, a Habitat Management Plan (HMP) must be included in the critical area report, to be prepared by a qualified professional biologist, botanist, or ecologist. The HMP must address the following: 1. The extent of critical areas within and adjacent to a proposed project site identified, along with the ecosystem functions and values that need protection; 2. Identify salmonids and other priority aquatic species that use the stream network in the immediate vicinity, as well as up- and downstream from the project site; 3. Identify any other Priority Species that may use the riparian corridor and any other Priority Habitats to which the corridor is connected; 4. Include a delineation map of the RMZ to be used for updating the City’s Critical Areas Maps; 5. Describe the relevant management recommendations for Priority Habitats and Species found on or near the site; 6. Identify and quantify current proposed disturbances to the RMZ and any other FWHCAs; 7. Include a description of the project proponent’s mitigation sequencing. If mitigation is necessary, the HMP should identify ways to improve riparian ecosystem function by enhancing riparian corridor connectivity, or by improving the quality of the riparian area; and 8. Describe requirements for monitoring and adaptive management, including identifying measurable standards and expectations to monitor compliance such as composition of riparian tree species, maximum invasive plant cover, and total extent of vegetation cover. Monitoring visits August 26, 2026 Planning Commission Regular Meeting 97 MCA 26-0090 Title 15 Code Amendments Page 51 must be identified at an appropriate interval for the project and include measurable triggers for requiring further action, such as maximum percent area coverage of invasive plants. Clearly identify who is responsible for performing site visits and preparing and submitting any future reports to the City. 15.22.520 Mitigation performance standards and requirements. A. All compensatory mitigation for FWHCAs must follow the mitigation plan requirements established in PAMC 15.22.140, and the approved Habitat Management Plan when required. B. Ecological improvement will be preferred over the protection of existing conditions, when feasible. August 26, 2026 Planning Commission Regular Meeting 98 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 4,800 interactions so far this year, with nearly 98% of inquiries responded to within 2 business days. CED Customer Service Report - July 2026 +15.3%4,890 33.5 97.3% 28% 59% 13% Customer Engagement Counter Visits Emails Sent Phone Calls 943 2842 1105 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 763 400 500 600 700 800 900 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 Jul Timely Response Rate -YTD Total Interactions Timely Responses August 26, 2026 Planning Commission Regular Meeting 99 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 about 86% 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 – July 2026 275 +34.8%86.2%97.8% 96 3 3 2 34 40 97 0 20 40 60 80 100 120 Vendor Inspection Only Fire Solar Plumbing Re-Roof/Re-Side Mechanical Permits by Type -YTD 95%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 54 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 0.4 0.5 0.6 1.1 0.8 0.5 0.8 Average Staff Time by Type (Days) August 26, 2026 Planning Commission Regular Meeting 100 CED Affordable Housing Report - July 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 $970.20 $0.00 $0.00 $0.00 $0.00 $0.00 $268,215.68 $139,442.34 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 $970.20 $0.00 $0.00 $0.00 $0.00 $0.00 $389,222.05 $236,192.34 PRP 4 2 2 2 0 1 4 0 0 0 0 0 15 9 MFTE 0 4 4 0 0 0 0 0 0 0 0 0 8 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 the monthly Building Report. 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. Fee Waiver Program. The costs of 25 permit types are waived by the City for all infill and multifamily housing projects. 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. Sales and Use Tax - HB 1406. Grants are shown in the month that the contract was fully executed between the developer and the City. Sales and Use Tax - HB 1590. 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 Building Report. August 26, 2026 Planning Commission Regular Meeting 101 CED Building Report - July 2026 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 2025 YTD 0 0 1 0 1 0 1 0 0 0 0 0 4 $0.00 $0.00 $3,000.00 $0.00 $8,268.00 $0.00 $85,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,070,222.00 2 2 6 9 7 6 8 0 0 0 0 0 46 $8,007.00 $11,713.00 $116,130.00 $841,149.00 $151,714.00 $219,289.00 $728,935.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,722,170.00 Certificate of Occupancy 1 0 0 0 0 0 0 0 0 0 0 0 N/A 1 0 1 1 0 0 1 0 0 0 0 0 0 $7,000,000.00 $0.00 $1,019,685.00 $3,100,000.00 $0.00 $0.00 $186,650.00 $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 5 $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 $1,284,827.00 2 2 0 0 2 0 7 0 0 0 0 0 6 $407,313.00 $130,000.00 $0.00 $0.00 $267,680.00 $0.00 $475,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $884,034.00 1 0 4 0 1 1 0 0 0 0 0 0 9 $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 $2,498,821.00 1 0 2 1 2 3 3 0 0 0 0 0 7 $170,517.00 $0.00 $86,690.00 $20,000.00 $105,552.00 $577,000.00 $185,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $545,322.00 19 32 18 31 29 32 30 0 0 0 0 0 197 $251,345.00 $322,685.00 $201,849.00 $557,995.00 $753,323.00 $508,882.00 $513,627.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,357,971.00 Certificate of Occupancy 2 0 0 0 0 0 2 0 0 0 0 0 N/A Comm 0 0 2 0 1 0 4 0 0 0 0 0 6 Res $0.00 $0.00 $15,200.00 $0.00 $7,734.00 $0.00 $15,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $85,880.00 30 36 37 42 44 46 56 0 0 0 0 0 287 $10,181,534.00 $464,398.00 $6,786,297.00 $4,519,144.00 $2,374,461.00 $4,057,508.00 $2,189,212.00 $0.00 $0.00 $0.00 $0.00 $0.00 $71,172,346.00 $106,793.40 $20,095.63 $100,441.68 $89,033.73 $44,118.65 $62,333.96 $51,832.20 $0.00 $0.00 $0.00 $0.00 $0.00 $811,050.36 3 2 4 2 4 2 1 0 0 0 0 0 19 0 0 1 0 1 2 0 0 0 0 0 0 4 1 3 8 0 4 0 2 8 0 0 0 0 0 0 22 6 10 1 0 4 0 1 1 0 0 0 0 0 0 7 1 9 2 2 0 0 2 0 7 0 0 0 0 0 13 4 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11 2 9 0 6 11 7 0 0 0 0 0 46 12 28 Comm Ind Public New Construction New Construction Repair and Alteration Repair and Alteration New Single Family New Accessory Structure Res Dwelling Units - Duplex New Construction New Multi Family New Manufactured Home Dwelling Units - ADU Business Certificate of Occupancy Permit Fees Paid Total Permits Issued Total Construction Valuation Repair and Alteration The pending units, shown in 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. Dwelling Units - Single Family Dwelling Units-Manufactured Home Dwelling Units - Multi Family (3+) Total Dwelling Units 2026 YTD 3 $96,268.00 1 40 $2,076,937.00 4 $11,306,335.00 0 0 $4,500,000.00 1 12 $1,144,759.00 4 $0.00 0 0 $0.00 11 $5,248,126.00 13 $1,279,993.00 7 $1,772,496.00 18 Demolition and Moving Repair and Alteration 191 $3,109,706.00 $474,649.25 $30,572,554.00 7 $37,934.00 291 August 26, 2026 Planning Commission Regular Meeting 102