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HomeMy WebLinkAbout2656ORDINANCE NO. 2656 AN ORDINANCE of the City of Port Angeles establishing interim environmentally sensitive areas protection and creating Chapter 15.20 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows: Section 1. There is hereby created Chapter 15.20 of the Port Angeles Municipal Code, to read as follows: CHAPTER 15.20 ENVIRONMENTALLY SENSITIVE AREAS PROTECTION Sections: 15.20.010 Findings of Fact 15.20.020 Purpose. 15.20.030 Definitions. 15.20.040 Applicability. 15.20.050 Permitted Uses. 15.20.060 Submittal Requirements. 15.20.070 Development Standards. 15.20.080 Development Exceptions. 15.20.090 Tracts and Easements. 15.20.100 Securities and Enforcement. 15.20.010 - Findings of Fact. The City Council of the City of Port Angeles hereby finds that: A. Development in stream corridors results in: 1. Siltation of streams, which destroys spawning beds, kills fish eggs and alevins, irritates fish gills, reduces aquatic insect populations, fills stream channels, and causes flooding; 2. Loss of stream corridor vegetation, which raises stream temperatures, destabilizes streambanks, causes erosion, removes nutrients by removing source of fallen leaves and streamside insects, increases sedimentation, and reduces recruitment of large wood debris necessary for stream structure; 3. Elimination of wildlife and fish habitat. The stream corridor is especially sensitive and is recognized as being among the most productive terrestrial and aquatic ecosystems. It -1- usually provides all four of the basic habitat components - water, food, cover and space. The stream corridor is usually richer in habitat diversity and, consequently, wildlife diversity and numbers of individuals are higher than in adjoining upland plant communities. Certain fish and wildlife species are totally dependent on the stream corridor and as uplands are developed, stream corridors become a place of refuge for many wildlife species; 4. Increased peak flow rates and decreased summer low flow rates of streams, resulting in negative impacts to the physical and chemical requirements critical for sustained fish populations; 5. Stream channelization, which increases current velocity and bank erosion, removes critical fish rearing and spawning habitat, and reduces habitat diversity and simplifies the biotic community; 6. Piping of streamflow and crossing of streams by culverts, which increases potential for downstream flooding, reduces migratory fishery range and, therefore, fish populations, removes habitat, and eliminates the biotic community; and 7. Construction near or within streams, which adversely degrading impacts water property damage, fish and wildlife by destroying habitat and quality and increases potential for flooding, and risk to public health, safety, and welfare. B. Development of geological (erosion hazard, landslide hazard, seismic hazard) hazard areas and steep slopes results in: 1. Potential threat to the health and safety of residents and employees of businesses within the City; 2. Potential damage or loss to public and private property within the City; 3. Potential degradation of water quality and the physical characteristics of waterways due to increased sedimentation; 4. Potential losses to the public as a result of -2- increased expenditures for replacing or repairing public facilities; providing publicly funded facilities to reduce or eliminate potential hazards to life and property; providing emergency rescue and relief operations; and from potential litigation resulting from incompatible development in these areas. C. Development of fish and wildlife habitat areas results in: 1. Losses in the numbers and varieties of aquatic and terrestrial wildlife species; 2. Loss of streamside vegetation that increases erosion and sedimentation, and reduces the quality of water resources; 3. Loss of opportunities for outdoor recreation such as hunting, fishing, bird - watching, sightseeing and similar activities; 4. Loss of economic opportunities in forestry, fisheries, shellfish and tourism industries; 5. Loss of opportunities for scientific research and education. D. Development of locally unique land features (ravines, marine bluffs, beaches) results in: 1. Disruption of the natural functioning of region surface drainage systems and the aquatic and terrestrial wildlife that depend on this habitat; 2. Increased threat to life and property as a consequence of exposure to geologic hazards and flooding; 3. Disruption of natural longshore drift processes that help maintain Ediz Hook and Port Angeles Harbor; 4. Destruction of natural greenbelts that serve to enhance the visual character of the community and serve as "community separators" that reduce the perceived degree of urbanization; 5. Loss of opportunities for trail systems and other forms of passive recreation. -3- 15.20.020 - Purpose. Surface streams and flood hazards, geologic hazards (erosion, landslide, seismic), steep slopes, fish and wildlife habitat areas, locally unique features (ravines, marine bluffs, beaches) and protective buffers constitute environmentally sensitive areas that are of special concern to the City of Port Angeles. The purpose of this Chapter is to protect the environmentally sensitive resources of the Port Angeles community on an interim basis as required by the Growth Management Act and as provided in the Guidelines promulgated by the Department of Community Development. Accordingly, the intent of this Chapter is to use a performance -based approach and establish minimum standards for development of properties which contain or adjoin environmentally sensitive features and to protect the public health, safety, and welfare in regard to environmentally sensitive areas by: A. Mitigating unavoidable impacts by regulating alterations; B. Protecting from impacts of development by regulating alterations; C. Protecting the public from personal injury, loss of life or property damage due to flooding, erosion, landslides, seismic events, or soil subsidence; D. Protecting against publicly financed expenditures in the event environmentally sensitive areas are misused, which causes: 1. Unnecessary maintenance and replacement of public facilities; 2. Publicly funded mitigation of avoidable impacts; 3. Cost for public emergency rescue and relief operations where the causes are avoidable; or 4. Degradation of the natural environment; E. Protecting the public trust in navigable waters and as to aquatic resources; F. Preventing adverse impacts to water availability, water quality and streams; G. Protecting unique, fragile, and valuable elements of the -4- environment, including wildlife and its habitat; H. Alerting appraisers, assessors, owners, potential buyers, or lessees to the development limitations of environ- mentally sensitive areas; I. Providing City officials with sufficient information to adequately protect environmentally sensitive areas when approving, conditioning, or denying public or private development proposals; and J. Implementing the policies of the State Environmental Policy Act, Section 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. K. Provide protection of environmentally sensitive areas for an interim period until the City can complete more detailed studies of the environmentally sensitive areas within the City and adopt a comprehensive set of policies pertaining to protection of environmental resources and amend regulations which implement the policies. 15.20.030 - Definitions. For the purposes of this Chapter, the following definitions shall apply: A. "Beaches and associated coastal drift process areas" means the areas that encompass marine shorelines which contain important sites of material supply, transport and deposition that define the present landforms and natural character of the Port Angeles shoreline. B. "Critical areas" and "environmentally sensitive areas" include any of the following areas and ecosystems: 1. Wetlands; 2. Streams or stream corridors; 3. Frequently flooded areas; 4. Geologically hazardous areas: a. Erosion hazard areas, -5- b. Landslide hazard areas, c. Seismic hazard areas; 5. Significant fish and wildlife habitat areas; and 6. Locally unique features: a. Ravines; b. Marine bluffs; c. Beaches and associated coastal drift processes. C. "Erosion hazard areas" means those areas containing soils which, according to the United States Department of Agriculture Soil Conservation Service Soil Classification System, may experience severe to very severe erosion. D. "Frequently flooded areas" means lands in the floodplain subject to a one percent or greater chance of flooding in any given year (the 100 -year storm flood). These areas include but are not limited to streams, rivers, lakes, coastal areas, wetlands, and the like. E. "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological event, are not suited to siting commercial, residen- tial, or industrial development consistent with public health or safety concerns. F. "Habitats of local importance" means a seasonal range or habitat element with which a given species has a primary associa- tion, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long -term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alteration, such as cliffs, talus, and wetlands. G. "Landslide hazard areas" means areas potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors. The following areas are -6- considered to be subject to landslide hazards: 1. Areas of historic failures or potentially unstable slopes, such as areas mapped within Soils Conservation Service Slide Hazard Area Studies; as unstable by the 1978 Coastal Zone Atlas; and as quarternary slumps, earthflows, mudflows, lahars, or landslides on maps published by the United States Geological Survey or Department of Natural Resources Division of Geology and Earth Resources. 2. Any area with a combination of: (a) slopes fifteen percent (15 %) or steeper, and (b) impermeable soils (typically silt and clay) frequently interbedded with granular soils (predominantly sand and gravel); and, (c) springs or ground water seepage. 3. Any slope forty percent (40 %) and with a vertical relief of ten or more feet except areas composed of consolidated rock. 4. Any slope greater than eighty percent (80 %). 5. Any area which has shown movement during the past 10,000 years or which is underlain by mass wastage debris from that period of time. 6. Any area potentially unstable as a result of rapid stream incision, stream bank erosion (e.g. ravines) or under- cutting by wave action (e.g. marine bluffs). H. "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 usually contain more than one "critical area ". Locally unique features in the Port Angeles region include ravines, marine bluffs, and beaches and associated coastal drift processes. I. "Locally unique feature zones" means variable width planning areas defined as setbacks from the top of ravines or bluffs, or corresponding to the the shoreline management zone for beaches and associated coastal drift processes. -7- J. "Marine bluffs" means coastal features resulting 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 the landforms created by these processes. K. "Priority habitats" means areas with one or more of the following attributes: comparatively high wildlife density; high wildlife species richness; significant wildlife breeding habitat, seasonal ranges, or movement corridors; limited availability; and /or high vulnerability. L. "Ravines" means narrow gorges normally containing steep slopes, having little or no defined floodplain, and deeper than ten (10) vertical feet as measured from the centerline of the ravine to the top of the slope. M. "Seismic hazard areas" means areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, or surface faulting. These conditions occur in areas underlain by cohesionless soils of low density usually in association with a shallow groundwater table. N. "Steep slope hazard areas" means any ground that rises at an inclination of forty percent (40 %) or more within a vertical elevation change of at least ten (10) feet (a vertical rise of ten feet or more for every twenty -five feet of horizontal distance). A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least ten feet of vertical relief. 0. "Stream corridor zones" means variable width planning areas defined as setbacks from the ordinary high water elevation of the stream or watercourse, or from the top of the bank or dike. Zones include both year -round and seasonal waterways, but vary in width depending on the rating of the stream. If the stream or watercourse is contained within a ravine, the corridor zone will be established using the Locally Unique Feature Corridor Zone. -8- P. "Species of Concern and Priority Species Habitat" means habitat supporting: (a) wildlife species that are of concern due to their population status and their sensitivity to habitat alteration; and (b) recreationally important species for which the maintenance of a stable population and surplus for recreation may be affected by habitat loss or change. Q. "Water types" include categories established pursuant to WAC 222 -16 -020 and -030, as follows: 1. "Type 1 water" means all waters, within their ordinary high -water mark, as inventoried as "shorelines of the state" under chapter 90.58 RCW, but not including those waters' associated wetlands. 2. "Type 2 water" shall mean segments of natural waters which are not classified as Type 1 water and have a high use and are important from a water quality standpoint for domestic water supplies; public recreation; fish spawning, rearing, or migration or wildlife uses; or are highly significant to protect water quality. This classification shall be applied to segments of natural waters which: a. Are diverted for domestic use by more than 100 residential or camping units or by a public accommodation facility licensed to serve more than 100 persons, where such diversion is determined by the Department of Natural Resources to be a valid appropriation of water and the only practical water source for such users. Such waters shall be considered to be Type 2 Water upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is less; b. Are within a federal, state, local, or private campground having more than 30 camping units: Provided, that the water shall not be considered to enter a campground until it reaches the boundary of the park lands available for public use and comes within 100 feet of a camping unit, trail or other park improvement; -9- c. Are used by substantial numbers of anadromous or resident game fish for spawning, rearing or migration. Waters having the following characteristics are presumed to have highly significant fish populations: i. Stream segments having a defined channel 20 feet or greater in width between the ordinary high -water marks and having a gradient of less than 4 percent. ii. Impoundments having a surface area of 1 acre or greater at seasonal low water. 3. "Type 3 Water" shall mean segments of natural waters which are not classified as Type 1 or 2 water and have a moderate to slight use and are moderatley important from a water quality standpoint for domestic use; public recreation; fish spawning, rearing, or migration or wildlife uses; or have moderate value to protect water quality. This classification shall be applied to segments of natural waters which: a. Are diverted for domestic use by more than 10 residential or camping units or by a public accommodation facility licensed to serve more than 10 persons, where such diversion is determined by the Department of Natural Resources to be a valid appropriation of water and the only practical water source for such users. Such waters shall be considered to be Type 3 Water upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is less; b. Are used by significant numbers of anadromous fish for spawning, rearing or migration. Waters having the following characteristics are presumed to have significant anadromous fish use: i. Stream segments having a defined channel of 5 feet or greater in width between the ordinary high -water marks; and having a gradient of less than 12 percent and not upstream of a falls of more than 10 vertical feet. ii. Impoundments having a surface area of less than 1 acre at seasonal low water and having an outlet to an -10- anadromous fish stream. c. Are used by significant numbers of resident game fish. Waters with the following characteristics are presumed to have significant resident game fish use: i. Stream segments having a defined channel of 10 feet or greater in width between the ordinary high -water marks; and a summer low flow greater than 0.3 cubic feet per second; and a gradient of less than 12 percent. ii. Impoundments having a surface area greater than 0.5 acre at seasonal low water. d. Are high significant for protection of downstream water quality. Tributaries which contribute greater than 20 percent of the flow to a Type 1 or 2 Water are presumed to be significant for 1,500 feet from their confluence with the Type 1 or 2 Water or until their drainage area is less than 50 percent of their drainage area at the point of confluence, whichever is less. 4. "Type 4 water" shall mean segments of natural waters which are not classified as Type 1, 2 or 3. Their significance lies in their influence on water quality downstream in Type 1, 2 or 3 waters. These may be perennial or intermittent. This classification shall be applied to segments of natural waters which are not classified as Type 1, 2 or 3, and for the purpose of protecting water quality downstream are classified as Type 4 Water upstream until the channel width becomes less than 2 feet in width between the ordinary high -water marks. 5. "Type 5 water" means all other waters, in natural water courses, including streams with or without a well- defined channel, areas of perennial or intermittent seepage, ponds, and natural sinks. Drainage ways having short periods of spring runoff are considered to be Type 5 waters. This classification shall be applied to all natural waters not classified as Type 1, 2, 3 or 4; areas of perennial or intermittent seepage, ponds and drainageways having short periods of spring or storm runoff. -11- 15.20.040 - Applicability. This Section establishes regulations for the protection of properties which are environmentally sensitive (critical areas). Properties listed, identified, classified, or rated as environmentally sensitive areas are those which are or may become designated environmentally sensitive (critical areas) by the City of Port Angeles Comprehen- sive Plan or by separate studies which indicate that all or portions of a particular area or specific site are environmentally sensitive areas. A site specific analysis which indicates that any element regulated by this Chapter is present will result in a property being classified as environmentally sensitive. A. All development proposals on sites which are identified as environmentally sensitive areas shall comply with the requirements and provisions of this Chapter. Responsibility for administration and enforcement of the provisions of this Chapter shall rest with the Planning Director or the Director's designee. B. For the purposes of this Chapter, development proposals include proposals which require any of the following: building permit, clearing and grading permit, shoreline substantial development permit, shoreline conditional use permit, shoreline variance, shoreline environmental redesignation, conditional use permit, zoning variance, zone reclassification, planned residen- tial development, subdivision, short subdivision, or any other land use approvals required by ordinance of the City of Port Angeles or the Revised Code of Washington. C. When any provision of any other City ordinance conflicts with this Chapter, that which provides the greatest protection to environmentally sensitive areas shall apply unless specifically provided otherwise in this Chapter. D. This Chapter applies to all lots or parcels on which environmentally sensitive areas are located within the jurisdic- tion of the City of Port Angeles. For specific environmentally sensitive features (stream corridors, ravines, marine bluffs, beaches), critical area zones shall be defined and designated as -12- set forth below to assure that the properties subject to review under this Chapter encompass all areas necessary to maintain the natural hydraulic and habitat functions of the critical area. The approximate distribution and extent of environmentally sensitive areas in the City and it's Urban Growth Area are displayed on the following series of maps on file with the City of Port Angeles Planning Department: 1. Wetland and Hydric Soil Composite Map, as promulgated pursuant to the City's Wetlands Protection Ordinance, Chapter 15.24 PAMC. 2. Environmentally Sensitive Areas Composite Maps, which shall be prepared and revised as necessary from time to time by the Planning Director or his designee in accordance with this Chapter. These maps are to be used as a guide to the general location and extent of environmentally sensitive areas. The maps shall be used to alert the public and City officials of the potential presence of environmentally sensitive areas on -site or off -site of a development proposal. Given the generalized nature of these maps and recognizing that environmentally sensitive areas are a dynamic environmental process, the actual presence and location of envionmentally sensitive areas, as determined by qualified professional and technical scientists, shall be established and protected in accordance with all the provisions of this Chapter, which shall govern the treatment of proposed development sites. In the event that any of the environmentally sensitive areas shown on the maps conflict with the criteria set forth in this Chapter, the criteria shall control. E. The exact location of the boundary of an environment- ally sensitive area shall be determined through the performance of a field investigation applying the definitions and criteria provided in this Chapter. Qualified professional and technical scientists shall perform delineations of environmentally sensitive area boundaries. For example, in areas where a Class II or Class III Landslide Hazard is suspected, a geotechnical study would be -13- required to specifically identify the nature and extent of the potential hazard. The Planning Director, as assisted by other City officials, has final responsibility for the accuracy of the submitted information. The applicant may be required to show the location of the environmentally sensitive area boundary on a scaled drawing as a part of a City permit application. The Planning Director may require the delineation of the environmentally sensitive area boundary by scientists and /or experts retained by the applicant. Alternatively, the Planning Director may consult with qualified professional scientists and technical experts or other experts as needed to perform the delineation himself, in which event the applicant will be charged for the costs incurred in accordance with the provisions of this Chapter. Where the Planning Director performs an environmentally sensitive area delineation, such delineation shall be considered a final determination. Where the applicant's scientists and /or experts have provided a delineation of the environmentally sensitive area boundary, the Planning Director shall verify the accuracy of, and may render adjustments to, the boundary delineation. In the event the adjusted boundary delineation is contested by the applicant, the Planning Director shall, at the applicant's expense, obtain expert services to render a final delineation. 15.20.050 - Permitted Uses and Development Restrictions. A. Permitted Uses Uses permitted on properties classified as environmentally sensitive areas shall be the same as those permitted in the underlying zone. Each use shall 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. If an applicant feels that the requirements of this Chapter as applied to a specific lot or parcel of land do not permit a reasonable use -14- of property, the applicant may request that the Planning Director make a determination as to what constitutes reasonable use of such property. Any decision of the Planning Director in making such a determination shall be subject to the appeal provisions set forth in Article XI, Section 7, Ordinance No. 1709 as amended, and the burden of proof in such an appeal shall be upon the appellant to prove that the determination of reasonable use made by the Planning Director is incorrect. B. Development Restrictions. 1. The following environmentally sensitive areas shall remain undisturbed except as otherwise provided in Section 15.20.080, Development Exceptions: a. Significant and important wetlands and their buffers, pursuant to the regulations presented in the City's Wetlands Protection Ordinance, Chapter 15.24 PAMC. b. Surface Streams and their buffers, pursuant to Section 15.20.070 of this Chapter. c. Ravines, marine bluffs and their buffers, pursuant to Section 15.20.070 of this Chapter. d. Beaches and associated coastal drift processes pursuant to Section 15.20.070 of this Chapter. 2. All other environmentally sensitive areas identi- fied above in PAMC 15.20.030B are developable pursuant to the provisions of Section 15.20.070 of this Chapter. The applicant shall clearly and convincingly demonstrate to the satisfaction of the Planning Director that the proposal incorporates measures pursuant to this Chapter which adequately protect the public health, safety and welfare. 15.20.060 - Submittal Requirements and Support Informa- tion Required. A. Submittal Requirements Applications for land uses or developments proposed within areas listed, identified, inventoried, classified, rated, or otherwise determined to be environmentally sensitive or which have been so determined by the -15- Planning Director based upon a site specific analysis or such other information supplied which supports the finding that a site or area is likely to contain environmentally sensitive character- istics, shall be filed with all the information requested on the application forms available from the Planning Department. The Planning Director may waive specific submittal requirements determined to be unnecessary for review of a specific application type. All developments proposed on lots or parcels which may contain or adjoin environmentally sensitive areas, as determined by the City, shall be evaluated by the applicant to provide the information necessary for the Planning Department to determine if and to what extent the site contains environmentally sensitive characteristics. The Planning Director shall make the determination to classify a site or portion of a site as environmentally sensitive pursuant to the procedures set forth in PAMC 15.20.040E. For applications which are subject to review pursuant to SEPA, the appeal of a determination that a site is environmentally sensitive shall be made pursuant to the SEPA appeals procedures as set forth in PAMC 15.04.280. B. Supporting Information Required. All land uses and developments proposed on or adjacent to lots or parcels listed, identified, inventoried, classified, or rated as environmentally sensitive shall include supporting studies, prepared to describe the environmental limitations of the site. No construction activity, including clearing or grading, shall be permitted until the information required by this Chapter is reviewed and approved by the City as adequate. Special environmental studies shall include a comprehensive site inventory and analysis, a discussion of the potential impacts of the proposed development, and specific measures designed to mitigate any potential adverse environmental impacts of the applicant's proposal, both on -site and off -site, as follows: 1. A description of how the proposed development will or will not impact each of the following on the subject property -16- 1 and adjoining properties; a. Erosion and landslide hazard; b. Seismic hazards; c. Drainage, surface and subsurface hydrology, and water quality; d. Flood prone areas; e. Existing vegetation as it relates to steep slopes, soil stability, and natural habitat value (for wetlands, refer to Chapter 15.24 PAMC); f. Locally unique landforms: ravines, marine bluffs, beaches and associated coastal drift processes; g. Slopes greater than 40 %. 2. Recommended methods for mitigating identified impacts and a description of how these mitigating measures may impact adjacent properties. 3. Any additional information determined to be relevant by the City or by the professional consultant who prepared the study. 4. Such studies shall be prepared with assistance by experts in the area of concern, which at a minimum shall include the following types of experts: a. Flood hazard areas: Professional Civil Engineer licensed by the State of Washington; b. Landslide Hazard Areas, Seismic Hazard Areas, and Erosion Hazard Areas: Geologist and /or Geotechnical Engineer; c. Steep Slopes: Geologist or Geotechnical Engineer; expertise; d. Wetlands: Biologist with wetlands ecology e. Streams, Rivers, Riparian Areas, Drainage Corridor, Ravine: Geologist or Geotechnical Engineer; f. Marine Bluffs, Beaches: Geologist or Geo- technical Engineer, Oceanographer. g. Fish and Wildlife Habitats: Biologist -17- C. City Review. 1. The City may in some cases retain consultants at the applicant's expense to assist the review of studies outside the range of staff expertise. 2. All environmentally sensitive studies shall be prepared under the supervision of the City. The Planning Director will make the final determination on the adequacy of these studies. 15.20.070 - Development Standards. A. Streams and Stream Corridors. Any development or construction adjacent to streams shall preserve an undisturbed corridor which is wide enough to maintain the natural hydraulic and habitat functions of that stream. The dimensions of stream corridor zones, in which all properties are potentially subject to the requirements of this Chapter, are listed in the following subsection. Should it be determined that particular properties within this zone are unrelated to the natural functions of the stream, the Planning Director may waive specific submittal requirements for these properties or exclude them from the requirements of this Chapter. If streams or watercourses are located within ravines as defined in PAMC 15.20.030L, corridors will be delineated according to the criteria set forth in PAMC 15.20.070B, Development Standards - Ravines, Marine Bluffs and Beaches and Associated Drift Processes. 1. Stream Corridor Zones. This subsection defines zone dimensions for different classes of streams and their tributaries as rated by the Washington State Department of Natural Resources. All properties falling within this zone are subject to review under this Chapter unless excluded by the Planning Director. Dimensions are measured from the seasonal high water elevation of the stream or watercourse as follows: Type 1 Type 2 Type 3 -18- 250 feet; 250 feet; 150 feet; Type 4 Type 5 100 feet; 100 feet. Should the stream be located within a ravine, the greater dimen- sion of either the stream corridor zone, or the ravine zone, will be used to define properties subject to the requirements of this Chapter. 2. Stream Corridor Buffers. The following buffers of undisturbed native vegetation shall be provided for different classes of streams and their tributaries as rated by the Washing- ton State Department of Natural Resources. Dimensions are measured from the ordinary high water elevation of the stream or watercourse, or from the top of the bank or dike: Type 1 Type 2 Type 3 Type 4 Type 5 100 feet 100 feet 75 feet 50 feet 25 feet 3. Stream corridor widths, and their associated buffers, shall be increased to include streamside wetlands which provide overflow storage for stormwaters, feed water back to the stream during low flows or provide shelter and food for fish. 4. Additional Buffers. The Planning Director may require either additional native vegetation or increased buffer sizes when environmental information indicates the necessity for additional vegetation or greater buffers in order to achieve the purposes of this Chapter. In cases where additional buffers are not feasible, the Planning Director may require the applicant to undertake alternative on -site or off -site mitigation measures, including but not limited to a financial contribution to projects or programs which seek to improve environmental quality within the same watershed. B. Ravines, Marine Bluffs and Beaches and Associated Coastal Drift Processes. All properties falling within the zones identified in the following subsection are subject to the -19- requirements of this Chapter. Should it be determined that particular properties within these zones are unrelated to the natural functions of the stream, the Planning Director may waive specific submittal requirements for these properties or exclude them from the requirements of this Chapter. 1. Locally Unique Feature Corridor Zones: The following zones, as measured from the top of ravines, the top and toe of marine bluffs, and beaches, define areas encompassing properties that shall be subject to the requirements of this chapter, unless excluded by the Planning Director: Ravines Marine Bluffs Beaches and Associated Coastal Drift Processes 200 feet; 200 feet; Shoreline Management Zone Should locally unique feature corridor zones also overlay stream corridor zones, the criteria of this Section will be used. 2. Buffers. The following buffers of undisturbed vegetation shall be established from the top of ravines; the top and toe of marine bluffs and ravine bluffs: Ravines 50 feet; Marine Bluffs 50 feet. Beaches and Associated Coastal Drift Processes None 3. Undisturbed zones adjoining both marine bluffs and beaches shall be sufficient to assure that natural coastal drift processes will remain unimpaired. 4. Buffer reduction. The buffer may be reduced when expert verification and environmental information demonstrate to the satisfaction of the Planning Director that the proposed construction method will: a. Not adversely impact the stability of ravine sidewalls and bluffs; b. Not increase erosion and mass movement potential of ravine sidewalls and bluffs; -20- c. Use construction techniques which minimize disruption of the existing topography and vegetation; and d. Include measures to overcome any geological, soils and hydrological constraints of the site. In no event may a buffer be reduced to less than 25 feet from the top of a ravine, or the top or toe of a bluff. 5. Additional Buffers. The Planning Director may require increased buffers if environmental studies indicate such increases are necessary to mitigate landslide, seismic and erosion hazards, or as otherwise necessary to protect the public health, safety and welfare. 6. Viewshed enhancement. In ravine and marine bluff buffers, the Planning Director may approve alterations in vegetation coverage for the purposes of viewshed enhancement, so long as such alterations: (a) will not increase geological hazards such as erosion potential, landslide potential, or seismic hazard potential; or (b) will not adversely affect significant wildlife habitat areas. C. Geological Hazard (Erosion, Landslide, Seismic) Areas. Areas containing or adjacent to geological hazard areas shall be altered only when the Planning Director concludes, based on environmental information, the following: 1. For Landslide hazard areas: a. There will be no increase in surface water discharge or sedimentation to adjacent properties; b. There will be no decrease in slope stability on adjacent properties; and c. Either: i. There is no hazard as proven by evidence of no landslide activity in the past in the vicinity of the pro- posed development and a quantitative analysis of slope stability indicates no significant risk to the development proposal and adjacent properties; -21- ii. The landslide hazard area can be modified or the development proposal can be designed so that the landslide hazard is eliminated or mitigated so that the site is as safe as a site without a landslide hazard; or iii. The alteration is so minor as not to pose a threat. 2. For Erosion hazard areas: a. Areas containing erosion hazard areas shall have land clearing, grading or filling limited to the period between April 1st and October 1st. b. Vegetation on steep slopes shall be preserved or replaced. 3. For Seismic hazard areas: a. Areas containing or adjacent to seismic hazards areas shall be altered only when the Planning Director concludes, based on environmental information, the following: i. There is no actual hazard based on a lack of seismic activity in the past in the area of the development proposal, and a quantitative analysis of potential for seismic activity indicates no significant risk to the development proposal; or ii. The development proposal can be designed so that it will minimize any risk of harm from seismic activity to public health, safety or welfare on or off the site. b. Construction on artificial fills will be certified by a geotechnical /civil engineer as safe from earthquake damage as a similar development not located on artificial fill. This requirement may be waived for actions involving minor changes, alterations or additions to developed properties, provided that such activities do not jeopardize public health, safety or welfare on or off the site. 4. Geological Hazard Area Buffers: In the event that it is determined that a geological hazard area, particularly landslide hazard and erosion hazard areas, cannot be safely -22- developed and must remain as permanent open space, such as steeply sloping terrain, the following buffer will be established: a. Geologic Hazard Buffer: 50 feet from the top and toe of the designated area. This buffer may be reduced (to not less than 25 feet) or enlarged based on geotechnical review which assures any such variation provides or is necessary to provide adequate protection of any structures on site. D. Significant Wildlife Habitat Areas. To protect the habitat of animal species which are considered to be priority species and thereby maintain and increase their populations, significant wildlife habitat areas shall be subject to the following: 1. When a development proposal contains a priority habitat or habitat for species of concern and priority species the applicant shall submit a habitat management plan. The need for a Habitat Management Plan should be determined during State Environmental Policy Act (SEPA) review of the proposal. The habitat management plan should identify how the impacts from the proposed project will be mitigated. Possible mitigation measures should include, but are not limited to: (1) establishment of buffer zones; (2) preservation of critically important plants and trees, (3) limitation of access to habitat area, (4) scheduling construction activities to avoid interference with wildlife and fisheries rearing, resting, nesting or spawning activities; (5) using best available technology to avoid or reduce impacts; (6) using drainage and erosion control measures to prevent siltation of aquatic areas; and (7) reducing the size, scope, configuration or density of the project. 2. Buffer: To retain adequate natural habitat for priority species, buffers shall be established on a case -by -case basis as described in a habitat management plan. 3. Uses and activities allowed within a significant wildlife habitat area as identified by a habitat management plan shall be limited to low intensity land uses which will not -23- adversely affect or degrade the habitat and which will not be a threat to the critical ecological processes such as feeding, breeding, nesting and resting. E. Frequently Flooded Areas. Development in frequently flooded areas which are not subject to the standards of other environmentally sensitive areas, including wetlands, will be directed by Chapter 15.12, Flood Hazard Areas, of the City of Port Angeles Municipal Code. F. Limited Density Transfer. The calculation of potential dwelling units in residential development proposals and allowable floor area in non - residential development proposals shall be determined by the ratio of developable area to undisturbable environmentally sensitive area of the development site except as otherwise provided for wetlands in the City's Westlands Protection Ordinance, Chapter 15.24 PAMC. The following formula for density and floor area calculations is designed to provide compensation for the preservation of environmentally sensitive areas, flexi- bility in design, and consistent treatment of different types of development proposals. 1. Formulas. The maximum number of dwelling units (DU) for a site which contains undevelopable environmentally sensitive areas is equal to: [(Developable Area) divided by (Minimum Lot Area /DU)] + [(Undisturbable Area) divided by (Minimum Lot Area /DU) (Development Factor)] = Maximum Number of Dwelling Units. The maximum amount of non - residential floor area for a site which contains undisturbable environmentally sensitive areas is equal to: [(Maximum Permitted Floor Area /Lot Area)(Developable Area)] + [(Maximum Permitted Floor Area /Lot Area) ( Undisturbable Area) (Development Factor)] = Maximum Amount of Floor Area. Developable environmentally sensitive areas shall receive full -24- 1 credit towards calculating the number of dwelling units or floor area. 2. Development Factor. As used in the preceding Subsection, the development factor is a number to be used in calculating the number of dwelling units or the maximum allowable floor area for a site which contains undisturbable environmentally sensitive areas. The development factor is derived from the following table: Undisturbable Sensitive Area as Percentage of Site Development Factor 1 - 10 .30 11 - 20 .27 21 - 30 .24 31 - 40 .21 41 - 50 .18 51 - 60 .15 61 - 70 .12 71 - 80 .09 81 - 90 .06 91 - 99 .03 15.20.080 - Development Exceptions. Exceptions to the development restrictions and standards set forth in Sections 15.20.050 and 15.20.070 may be permitted by application to the Planning Director pursuant to the provisions of this Section. A. Reasonable Use Exceptions in Stream Corridors, Ravines, Marine Bluffs, and Beaches and Associated Coastal Drift Process Areas. 1. Single - Family Dwelling. Development of one single - family dwelling that is not part of a larger development proposal within the buffer of stream corridors, ravines, marine bluffs, and beaches and associated coastal drift process areas on a develop- ment site may be approved by the Planning Director if the applicant demonstrates that: -25- a. The extent of development within the buffer is limited to that which is necessary to create a disturbed area which is no larger than five thousand square feet; b. If the applicant demonstrates that there is no other reasonable alternative to developing the buffer. c. 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 environmentally sensitive area; d. The proposal incorporates the development standards of Section 15.20.070, and e. The proposal is consistent with the purpose and intent of this Chapter. 2. Other Development Proposals. An applicant may propose a reasonable use development exception (other than one single - family dwelling on a development site in accordance with Subsection A.1. of this Section) pursuant to the following decision criteria: a. The proposal is limited to the minimum necessary to fulfill reasonable use of the property and there is no other reasonable alternative; b. 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 classification and with similar site constraints; c. 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 environmentally sensitive area or areas; d. The proposal incorporates the development standards of Section 15.20.070; and e. The proposal is consistent with the purpose and intent of this Chapter. -26- 3. Limited Waiver of Steep Slope Disturbance Limitations. Any one or all of the disturbance limitation requirements of Section 15.20.070 may be waived if the Planning Director determines that the application of such requirements is not feasible for developing one single- family dwelling on a development site and the proposal is consistent with the purpose and intent of this chapter. 4. Modification 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 disturb an environment- ally sensitive area. 5. Previously Altered Environmentally Sensitive Areas. If any portion of an environmentally sensitive area has been altered from its natural state, the applicant may propose to develop within the altered area pursuant to the following decision criteria: a. The environmentally sensitive 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. natural functions c. possible the best techniques which The alteration has significantly disrupted the of the environmentally sensitive area; The proposal utilizes to the maximum extent available construction, design result in the least adverse and development impact on the environmentally sensitive area; d. The proposal incorporates the development standards of Section 15.20.070, and e. The proposal is consistent with the purpose and intent of this Chapter. 6. Alternatively, if the Planning Director determines that application of these standards would deny all reasonable economic use of the property, the City may take the property for -27- public use with just compensation being made. B. Emergencies. The Planning Director may approve improvements that are necessary to respond to emergencies that threaten the public health and safety, or public development proposals, when he /she determines that no reasonable alternative exists and the benefit outweighs the loss. Emergencies shall be verified by a licensed engineer. C. Drainage Facilities. Significant and important wetlands and streams and their buffers may be altered for use as a public 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 and multiple natural resource functions are achievable and the benefits outweigh any lost resource. The Planning Director may approve drainage facilities in a wetland or stream only where he /she determines that long -term impacts are minimal or where there are no practicable or reasonable alternatives and mitigation is provided. D. Trails and Trail - Related Facilities. Public and private trails and trail - related facilities, such as picnic tables, benches, interpretive centers and signs, and viewing platforms shall be allowed, but use of impervious surface shall be minimized. Trails and trail - related facilities shall be avoided within streams. The Planning Director may approve such trails and facilities only when he /she determines that there is no practicable or reasonable upland alternative. Trail planning, construction and maintenance shall adhere to the following additional criteria: 1. Trails and related facilities shall, to the extent feasible, be placed on existing levies, road grades, utility corridors, or any other previously disturbed areas; 2. Trails and related facilities shall be planned to minimize removal of trees, shrubs, snags and important wildlife habitat; -28- 3. Trail construction and maintenance shall follow the U.S. Forest Service "Trails Management Handbook" (FSH 2309.18, June 1987) and "Standard Specifications for Construction of Trails" (EM- 7720 -102, June 1984) as may be amended, or trail standards adopted by the City of Port Angeles; 4. Viewing platforms, interpretive centers, picnic areas, benches and access to them shall be designed and located to minimize disturbance; 5. Trails and related facilities shall provide water quality protection measures to assure that runoff from them does not directly discharge to wetlands or streams; and 6. Within buffers, trails and trail - related facilities shall be aligned and constructed to minimize disturbance to stream functions and values. E. Utilities. Every attempt shall be made to avoid locating utilities within streams. The Planning director may approve utilities in streams only when he /she determines that there is no practicable or reasonable upland alternative. F. Stream Crossings. Stream crossings, whether for access or utility purposes, shall be avoided to the extent possible; but when necessary due to the lack of feasible alternatives, crossing of streams shall follow all applicable local, state and federal laws and the following criteria: 1. Bridges are required for streams which support salmonids, unless otherwise allowed by the Washington State Department of Fisheries; 2. All crossings using culverts shall use superspan or oversize culverts; 3. All crossings shall be constructed and installed during summer low flow between June 15th and September 15th; 4. Crossings shall not occur in salmonid spawning areas unless no other feasible crossing site exists; 5. Bridge piers or abutments shall not be placed in either the floodway or between the ordinary high water marks -29- unless no other feasible alternative placement exists; 6. Crossings shall not diminish flood - carrying capacity; 7. Crossings shall provide for maintenance of culverts, bridges and utilities; and 8. Crossings shall serve multiple properties whenever possible. G. Time Limitation. A development exception automatically expires and is void if the applicant fails to file for a building permit or other necessary development permit within one year of the effective date of the development exception, unless either: 1. The applicant has received an extension for the development exception pursuant to Subsection H of this Section; 2. The development exception approval provides for a greater time period. H. Time Extension. The Planning Director may extend a development extension, not to exceed one year, if: 1. Unforeseen circumstances or conditions nessitate the extension of the development exception; 2. Termination of the development exception would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and 3. The extension of the development exception will not cause adverse impacts to environmentally sensitive areas. I. Mitigation. For any allowable development exception provided under this Section the associated adverse impacts must be considered unavoidable but mitigable. The following restoration and compensation mitigation measures to minimize and reduce impacts shall be required and completed and must be approved by the Planning Director prior to development approval: 1. Restoration. Restoration is required when the functions and values of environmentally sensitive areas have been degraded from alteration prior to development approval. All restoration shall follow an approved mitigation plan pursuant to -30- Subsection I.3. of this Section. 2. Compensation. Compensation is required from developers for all approved alterations to streams. Compensation for approved alterations shall follow an approved mitigation plan pursuant to Subsection I.3. a. The applicant shall maintain or improve stream channel dimensions, including depth, length, and gradient; restore or improve native vegetation and fish and wildlife habitat; and create an equivalent or improved channel bed, biofiltration and meandering. b. In the case of the exceptions of Subsection A.3. of this Section, the following conditions shall precede any stream alteration approved pursuant to this Section: i. A mitigation plan for the compensation project shall be submitted by the applicant and approved by the Planning Director; ii. The compensation project shall be fully implemented following the requirements of the approved mitigation plan; iii. Compensation shall be established for at least two years; and iv. A final report shall be submitted following the minimum two years documenting that all requirements of a mitigation plan have been fully achieved. The Planning Director may postpone or limit development, require bonds pursuant to Section 15.20.100, or use other appropriate techniques to ensure the success of the mitigation plan. c. Substitute Fees. Incases where the applicant demonstrates to the satisfaction of the Planning Director that a suitable compensation site does not exist, the Planning Director may allow the applicant to make a financial contribution to an established water quality project or program. The project or program must improve environmental quality within the same watershed as the altered stream. The amount of the fee shall be -31- equal to the cost of mitigating the impact of stream alteration and shall be approved by the Planning Director. 3. Mitigation Plans. All restoration and compensation projects shall follow a mitigation plan prepared by qualified scientists containing the following components: a. Baseline Information. Quantitative data shall be collected and synthesized for both the impacted environmentally sensitive area and the proposed mitigation site, if different from the impacted environmentally sensitive area, following procedures approved by the Planning Director; b. Environmental Goals and Objectives. Goals and objectives describing the purposes of the mitigation measures shall be provided, including a description of site selection criteria, identification of target evaluation species and resource functions; c. Performance Standards. Specific criteria for fulfilling environmental goals and objectives, and for beginning remedial action or contingency measures shall be provided, including water quality standards, species richness and diversity targets, habitat diversity indices, or other ecological, geologi- cal or hydrological criteria. d. Detailed Construction Plan. Written specifications and descriptions of mitigation techniques shall be provided, including the proposed construction sequence, accom- panied 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 shall be provided, including descriptions or proposed experimental and control site survey or sampling techniques. A protocol shall be included outlining how the monitoring data will be evaluated by agencies that are tracking the progress of the mitigation project. A report shall be submitted at least twice yearly documenting milestones, successes, problems and contingency actions of the -32- restoration or compensation project. The Planning Director shall require that the applicant monitor the compensation or restoration project for a minimum of two years. f. Contingency Plan. A plan shall 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 shall be posted pursuant to Section 15.20.100. 4. Final Approval. The Planning Director shall grant final approval of a completed restoration or compensation project if the final report of the project mitigation plan satisfactorily documents that the area has achieved all requirements of this section. 15.20.090 - Tracts and Easements. Sensitive Area Tracts or Easements. Separate environmentally sensitive area tracts or easements shall be used to protect environmentally sensitive areas that are to remain undisturbed pursuant to this Chapter. The terms and conditions of the tracts or easements shall impose upon all present and future owners and occupiers of land subject to the tracts or easements the obligation, enforceable on behalf of the public by the City, to leave the areas of the tracts or easements permanently undisturbed. In a single- family residential zone, any lots containing an environmentally sensitive area easement shall be of a dimension of not less than five thousand square feet, exclusive of such easement. 15.20.100 - Securities and Enforcement. A. Performance Securities. The Planning Director 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 required by this Chapter. The security shall -33- guarantee that the work and materials used in construction are free from defects. All securities shall be on a form approved by the Planning Director. Until written release of the security, the security may not be terminated or canceled. The Planning Director shall 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 Planning Director shall 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 shall also apply in the case of required mitigation improvements. All securities shall be on a form approved by the Planning Director. Until written release of the security, the principal or surety may not be terminated or canceled. The Planning Director shall 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 shall be approved by the Planning 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. D. Enforcement. Violations of this Chapter shall be subject to the enforcement provisions of the Port Angeles Municipal Code. Section 2 - Interim Status. This Ordinance is intended to be interim until the City adopts a new Comprehensive Plan and consistent development regulations, which supersede this Ordinance. Section 3 - Severability. If any clause, sentence, paragraph, section, or part of this Chapter or the application thereof to any person or circumstances shall be adjudged by any -34- 1 court of competent jurisdiction to be invalid, such order or judgment shall be confirmed in its operation to the controversy in which it was rendered and shall not affect or invalidate the remainder of any part thereof to any other person or circum- stances and to this end the provisions of each clause, sentence, paragraph, section, or part of this Chapter are hereby declared to be severable. Section 4 - Effective Date. This Ordinance shall take effect five days after publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 19th day of November , 1991. ATTEST: J A Becky J. pt Cit�le APPROVED AS TO FORM: Clerk Craig D Knutson, City Attorney PUBLISHED: November 24, 1991 (By Summary) 2- C: \WP \PC \ESAPORD.LGL -35- M A Y 4 Summary of Ordinance Adopted by the Port Angeles City Council on November 19, 1991 Ordinance No. 2656 This Ordinance of the City of Port Angeles establishes interim environment- ally sensitive areas protection and creates Chapter 15.20 of the Port Angeles Municipal Code. The ordinance is enacted pursuant to the requirements of the Growth Management Act and as provided in the Guidelines promulgated by the Department of Community Development and is intended to be interim until the City adopts a new Comprehensive Plan and consistent development regulations. The environmentally sensitive areas protection ordinance establishes performance -based standards for the designation of critical areas that require protection from development pressure in order to protect the public health, safety and welfare. Types of areas that are designated environmentally sensitive include wetlands, streams, significant fish and wildlife habitat areas, frequently flooded areas, steep slopes, ravines, marine bluffs, beaches, and erosion, land -slide and seismic hazard areas. The ordinance requires certain environmentally sensitive areas to remain undisturbed, provides minimum standards for the development of certain environmentally sensitive areas, establishes a permit process for development of environmentally sensitive areas, establishes exceptions to development restrictions and standards, including reasonable use, emergency, and mitigation exceptions, provides for sensitive area tracts or easements to protect environmentally sensitive areas, and provides for just compensation by the City in the event that application of the development standards would deny all reasonable economic use of private property. Violations of this Ordinance shall be subject to the enforcement provisions of the Port Angeles Municipal Code, which provide for prosecution of violations as misdemeanors punishable by a fine of not more than $500 or by imprison- ment not to exceed six months or by both such fine and imprisonment. The full text of the Ordinance is available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. This Ordinance will take effect five (5) days after publication of this summary. Publish: November 24, 1991 Becky J. Upton City Clerk