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
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_____________________________________ _______________________________
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;
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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.
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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.
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“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.
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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.
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“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;
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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
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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.
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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
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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.
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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
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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
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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:
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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;
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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:
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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
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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
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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:
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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.
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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
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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.
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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)
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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
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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:
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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
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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
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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:
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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.
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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;
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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.
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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.
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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;
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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
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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.
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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.
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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
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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.
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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;
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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
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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:
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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.
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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.
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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;
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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;
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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
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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
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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
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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
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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