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HomeMy WebLinkAbout2911ORDINANCE NO. 2911 AN ORDINANCE of the City of Port Angeles, Washington, implementing the requirements of the Washington State Regulatory Reform Act, Chapter 347, Laws of 1995, establishing a consolidated development permit process, amending Ordinances 1709, 2038, 2222, 2312, 2103, 2471, and 2483, as amended, and amending Chapters 15.04, 16.04, 17.17, 17.18,17.19, 17.26, and 17.96 of, and adding a new Chapter 18.02 to, the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. A new Chapter 18.02 is hereby added to the Port Angeles Municipal Code to read as follows: CHAPTER 18.02 CONSOLIDATED DEVELOPMENT PERMIT PROCESS Sections: 18.02.010 18.02.020 18.02.030 18.02.040 18.02.050 18.02.060 18.02.070 18.02.080 18.02.090 18.02.100 18.02.110 18.02.120 18.02.130 Purpose Development Applications Content of Applications Determination of Completeness Notice of Development Application Notice of Public Hearing Application Review Process Concurrent Environmental Review Determination of Consistency Time Limit for Final Decision Monitoring and Enforcement Administrative Appeals Judicial Appeals 18.02.010 - Purpose. The purpose of this Chapter is to implement the requirements of the Washington State Regulatory Reform Act, Chapter 347, Laws of 1995, by consolidating development application and review with the environmental review process, in order to avoid duplicative regulation and environmental analysis. The purpose of this Chapter is also to meet other requirements of the Act, including the paramount requirement that development applications be reviewed for consistency with the Comprehensive Plan and development regulations adopted pursuant to the Growth - 1 - Management Act, Chapter 36.70A RCW. 18.02.020 - Development Applications. The following applications for development shall be processed in accordance with the requirements of this Chapter: building permits that are not categorically exempt from Chapter 43.21C RCW, subdivisions, planned residential developments, conditional uses, shoreline substantial ievelopment permits, approvals required by the Environmentally ,Sensitive Areas Ordinance and Wetlands Ordinance, and site specific rezones authorized by the Comprehensive Plan. 18.02.030 - Content of Applications. A. All development applications shall be submitted on forms provided by the City and shall be acknowledged by the property owner. B. All development applications shall include the information specified in the chapter of the Port Angeles Municipal Code pertaining to the specific type of development permit being applied for. The City may require such additional information as is reasonably necessary to fulfill and properly evaluate the proposal. 18.02.040 - Determination of Completeness. A. Within 28 days of receiving a date stamped application, the City shall review the application and, as set forth below, provide the applicant with a written determination that the application is complete or incomplete. B. A development permit application shall be declared complete only when it contains all of the following materials: 1. A fully completed, signed, and acknowledged development permit application. 2. A fully completed, signed, and acknowledged - 2 - - nvironmental checklist for projects subject to review under the State Environmental Policy Act. 3. All applicable review fees. 4. The information specified for the desired permit in the appropriate chapters of the Port Angeles Municipal Code and as identified in PAMC 18.02.030. 5. Any supplemental information or special studies identified by the City. C. For applications determined to be incomplete, the City shall identify in writing the specific requirements or information necessary to constitute a complete application. Upon submittal of the additional information, the City shall within 14 days issue a determination of completeness or identify what additional information is required. 18.02.050 - Notice of Development Application. A. Within 14 days of issuing a determination of complete- ness under PAMC 18.02.040, the City shall issue a notice of development application. The notice shall include, but not be limited to, the following: 1. Name of the applicant. 2. Date of application. 3. Dates of the determination of completeness and the notice of application. 4. Location and description of the development. 5. Requested approvals, actions, and /or requested studies. 6. Statement of the public comment period, which shall be not less than 14 nor more than 30 days following the date of the notice of development application. - 3 - 7. Statement of the right of any person to comment on the application, to receive notice of and participate in any hearings, and to request a copy of the decision once made, and any appeal rights. 8. Identification of existing environmental documents and location where the application and any studies can be reviewed. 9. City staff contact and phone number. 10. Date, time, and place of public hearing, if one has been scheduled. 11. Statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and statement of consistency with development regulations. 12. Statement that the decision on the application will be made within 120 days of the date of the letter of completeness. B. The notice of development application shall be posted on the subject property and published once in a newspaper of gen- eral circulation and shall be mailed to agencies with jurisdiction. C. The notice of development application shall be issued at least 15 days prior to a public hearing. 18.02.060 - Notice of Public Hearing. When public hearings are required for development applications, notice shall be given as provided in PAMC 17.96.140 unless otherwise provided in the Port Angeles Municipal Code for specific development applications. 18.02.070 Application Review Process. A. Public Hearing Limitation. There shall be no more than one open record hearing and one closed record appeal conducted by the City on any development application. B. Optional Consolidated Review. 1. When requested by the applicant, the City shall provide a single application review and approval process covering all development permits requested by an applicant for all or part :Df a project action and shall designate a single permit coordinator for such review. 2. If an applicant elects the consolidated permit review process, the determination of completeness, notice of application, and notice of final decision must include all project permits being reviewed through the consolidated permit review process. 3. Consolidated permit review shall be limited to a single open record hearing and no more than one closed record appeal. 4. In the case of consolidated project permit review, the Planning Commission shall conduct the single record public hearing and shall make the initial determination on the permits, which determination shall be either a recommendation or a final decision, depending on the processing requirements established by ordinance for each specific permit involved. The City Council shall be either the final decision - making or appellate body, depending upon the permit processing requirements for the specific permits involved. C. Single Report. For project permits included in consolidated permit review that do not require an open record predecision hearing, the City shall provide a single report, which may be the City's permit decision document, which states all the recommendations and decisions made as of the date of the report on - 5 - I* 11 related permits for the project. If a threshold determination ther than a determination of significance has not been issued reviously by the City, the report shall include or append this etermination. D. Combined Meeting or Hearing With Other Agency. 1. Meetings or hearings on any project permit may be ombined with any meeting or hearing held by another local, state, egional, federal, or other agency, provided that the meeting or earing is held within the geographic boundary of the City. 2. Hearings shall be combined if requested by an pplicant, as long as the joint hearing can be held within the time eriod specified in this Chapter or the applicant agrees to the schedule in the event that additional time is needed in order to ombine the hearings. E. Threshold Determination Appeals. Except for the -ppeal of a determination of significance as provided in RCW 43.21C.075 and WAC 197 -11 -680, appeals of other threshold •eterminations shall be submitted prior to and combined with any redecision open record public hearing, if one is provided for the development application involved. F. Notice of Decision. A notice of decision, which may i•e a copy of the report or decision on the project permit application, shall be provided to the applicant and to any person ho, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application. he notice of decision shall include a statement of any threshold • etermination made under Chapter 43.21C RCW and Chapter 197 -11 WAC and the procedures for administrative appeal, if any. For non - dministrative approvals, notice of the decision shall be published - 6 - in the City's officially designated newspaper. 18.02.080 - Concurrent Environmental Review. A. Development permit applications subject to the provisions of the State Environmental Policy Act (SEPA) shall be reviewed in accordance with the policies and procedures contained in the City's Environmental Policy Ordinance, Chapter 15.04 PAMC. B. SEPA review shall be conducted concurrently with development permit application and review. The following are exempt from concurrent review: 1. Projects categorically exempt from SEPA. 2. Components of previously completed developments or actions for which an environmental impact statement has already been completed, to the extent that SEPA allows. C. The following requirements shall apply to concurrent SEPA review: 1. Except for a determination of significance, the City may not issue its threshold determination or issue a decision or a recommendation on a development application until the expira- tion of the public comment period on the notice of application. 2. If a public hearing is required and the City's threshold determination requires public notice under Chapter 43.21C RCW, and Chapter 197 -11 WAC, the City shall issue its threshold determination at least 15 days prior to the public hearing. 3. Comments shall be as specific as possible. 18.02.090 - Determination of Consistency. A. During project review, the City shall determine a pro- posed project's consistency with the City's development regulations adopted under Chapter 36.70A RCW, or, in the absence of applicable development regulations, the appropriate elements of the Comprehen- - 7 - sive Plan adopted under Chapter 36.70A RCW, by consideration of: 1. The type of land use; 2. The level of development, such as units per acre or other measures of density; 3. Infrastructure, including public facilities and services needed to serve the development; and 4. The character of the development, such as development standards. B. During project review, the City shall not reexamine alternatives to or hear appeals on the items identified in subsec- tion A of this section, except for issues of code interpretation. C. Issues of code or development regulation interpreta- tion shall be decided by the Planning Department, which may refer such issues to the Planning Commission and /or City Council for their comments, provided that no public hearing shall be held for such administrative interpretations. D. As provided in PAMC 15.04.035, the City may determine that the requirements for environmental analysis and mitigation measures in development regulations and other applicable laws provide adequate mitigation for some or all of the projects speci- fic adverse environmental impacts to which the requirements apply. E. Nothing in this section limits the City's authority to approve, condition, or deny a project as provided in the City's development regulations adopted under Chapter 36.70A RCW and in its policies adopted under RCW 43.21C.060. Project review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, transportation demand management, the payment of impact fees, or other measures to mitigate a proposal's - 8 - probable adverse environmental impacts, if applicable. F. In making the City's determination of consistency, the determinations made in subsection A of this section shall be controlling but shall not limit the City from asking more specific or related questions. 18.02.100 - Time Limit for Final Decision. A. 120 -Day Time Limit. The final decision on a project permit application listed in PAMC 18.02.020 shall be made within 120 days from the date of the determination of completeness. B. Excluded Time Periods. In determining the number of days that have elapsed after the City has notified the applicant that the application is complete, the following periods shall be excluded: 1. Any period during which the applicant has been requested by the City to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the City notifies the applicant of the need for additional information until the earlier of the date the City determines whether the initial information satisfies the request for information or 14 days after the date the information has been provided to the City. 2. If the City determines that the information submitted by the applicant under subsection B.1 of this section is insufficient, it shall notify the applicant of the deficiencies, and the procedures under subsection B.1 of this section shall apply as if a new request for studies had been made; 3. Any period during which an environmental impact statement is being prepared following a determination of signifi- - 9 - cance pursuant to Chapter 43.21C RCW and Chapter 197 -11 WAC, if the City by ordinance or resolution has established time periods for completion of environmental impact statements, or if the City and the applicant agree in writing to a time period for completion of an environmental impact statement; 4. Any period for administrative appeals of project permits; 5. Any extension of time mutually agreed upon by the applicant and the City. C. Time Limit Exceptions. The 120 -day time limit shall not apply if a project permit application: 1. Requires an amendment to the Comprehensive Plan or a development regulation; 2. Requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200; or 3. Is substantially revised by the applicant, in which case the time period shall start from the date on which the revised project application is determined to be complete. D. Time Limit Extensions. If the City is unable to issue its final decision within the 120 -day time limit, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limit has not been met and an estimated date for issuance of the notice of final decision. E. Liability Limitation. The City shall not be liable for damage under this Chapter due to a failure to make a final decision within the time limits established in PAMC 18.02.100. - 10 - 18.02.110 - Monitoring and Enforcement. The Planning Department is hereby authorized and directed to adopt procedures to monitor and enforce permit decisions and conditions. 18.02.120 - Administrative Appeals. A. If an administrative appeal of the project decision is provided by ordinance, combined with any environmental determina- tions, such appeal shall be filed within 14 days after the notice Of the decision or after other notice that the decision has been made and is appealable. B. The time period for considering administrative appeals of project permits shall not exceed: 1. 90 days for an open record appeal hearing; and 2. 60 days for a closed record appeal; provided, however, that the parties to an appeal may agree to extend these time periods. 18.02.130 - Judicial Appeals. Appeals from final decisions under this Chapter, for which decisions all administrative appeals specifically authorized have been timely exhausted, shall be made to the Clallam County Superior Court within 21 days of the date of the decision or action unless another time period is established by state law. Section 2. Ordinance 1709, as amended, and Chapter 17.96 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.96.070 and 17.96.140 to read as follows: 17,96.070 Hearing and Appeal of Conditional or Unclassi- fied Use Permit Applications. A. Notice and Hearing for Conditional or Unclassified Use Permits. Upon filing an application for a Conditional or :Jnclassified Use Permit in which the application sets forth fully - 11 - the grounds for, and the facts deemed to justify, the granting of the Conditional or Unclassified Use Permit, the Planning Commission shall give public notice, as provided in §17.96.140, of the intention to consider at a public hearing the granting of the Conditional or Unclassified Use Permit; provided, however, that Conditional Use Permits for bed and breakfasts, home occupations, and retail stands shall be considered by the Planning Director in accordance with Chapters 17.18, 17.17, and 17.26. The Planning Commission's or Planning Director's decision shall be final unless appealed to the City Council. B. Decisions. Conditional or Unclassified Use Permit decisions by the Planning Commission, Planning Director, and City Council shall be set forth in writing and shall be accompanied by written findings and conclusions. Decisions shall be deemed effective upon adoption of the written decision, findings and conclusions. The 14 3 -day appeal period shall commence upon such adoption. On the next business day following the effective date of the decision, the Planning Department shall mail copies of the decision, findings and conclusions to the applicant and anyone else who has in writing requested such notification. C. Appeals. 1. Any person aggrieved by the decision of the Planning Commission or Planning Director may appeal the decision to the City Council. 2. Appeals shall be submitted to the Planning Department in writing within fiftccn (15) fourteen (14) days following the date of the decision. 3. The City Council shall conduct a publicclosed record hearing on the appeal of the Planning Commission's decision - 12 - en rec rd • • lic h arin • • nnin irector's decision with notice being given as set forth in §17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with §17.96.150. D. Requests for Exceptions. All applications for exceptions from these Zoning Regulations shall contain all basic information, along with other pertinent facts, maps, and data required by the Planning Commission. E. Permits Void After One Year. All Conditional or Unclassified Use Permits shall become void one year from the date of granting such permits if use of the land or buildings or applying for necessary building permits(s) has not taken place in accordance with the provisions in granting said requests. F. Extensions of Approved Conditional Use Permits. Extensions of those previously approved Conditional Use Permits that have specified time periods of authorization shall be considered in accordance with the same procedures and by the same entity as for the original permit application, and may be granted for a period of one to five years, provided that the following minimum criteria are met: 1. The use complies with the permit conditions. 2. There have been no significant, adverse changes in circumstances. Upon written request for an extension submitted to the Planning Department prior to the expiration of the conditional use permit, said conditional use permit shall be automatically extended for ninety days to allow the City adequate time to review the extension request. 17.96.140 Notice of Public Hearings. Notice of public - 13 - hearings required pursuant to this Title shall be given as follows: A. At least tcn (10) fifteen (15) days prior to the date of the public hearing, the Planning Department shall cause notice of the time, place, and purpose of the hearing to be published in the City's officially designated newspaper. B. In addition to the notice given in subsection 1, where the purpose of the public hearing involves a specific site, notices shall be given as follows: 1. At least tcn (10) fifteen (15) days prior to the date of the public hearing, the applicant shall cause notice of the time, place and purpose of the hearing to be posted on the site in a conspicuous manner in the form of a brightly colored notice on a self - standing sign as provided by the Planning Department or in such other form as the Planning Department may direct. The applicant shall file with the Planning Department an affidavit that such posting has been accomplished and that the applicant shall assume full responsibility for return or replacement, in the case of damage. Consideration will be given in the case of vandalism beyond the applicant's control. 2. At least tcn (10) fifteen (15) days prior to the date of the public hearing, the Planning Department shall cause notice of the time, place and purpose of the hearing to be mailed to the latest recorded real property owners within at least 300 feet of the boundary of the site as shown by the records of the County Assessor. The applicant shall provide the Planning Department with mailing labels for each such property owner. Section 3. Ordinance 2103, as amended, and Chapter 17.17 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.17.070 and PAMC 17.17.080 to read as follows: - 14 - and Noticc Upon receipt an application sati3fying thc requirements of Ccction 17.17.00, thc Planning Department shall ochcdulc a public h aring bcforc the Planning Dircctor with public notice being given as provided in Ccction 17.96.140 PAMC. 17.17.080 Planning Director Decision. Prior to making a dcci3ion on an application for a Conditional Usc Pcrmit for a IIomc Occupation, thc Planning Director shall hold at least one public hcaring. The Director's decision shall be in written form with findings based upon compliance with Section 17.17.010, 17.17.040 and the following criteria: A. That the Home Occupation does not involve equipment or processes which introduce noise, smoke, dust, fumes, vibrations, odors, and other hazards in excess of those normally found in residential areas. B. That the Home Occupation does not significantly increase local vehicular or pedestrian traffic. C. That the Home Occupation shall not be injurious or detrimental to adjoining or abutting properties. D. That the Home Occupation shall not endanger the public health, morals, safety, and welfare; and that it is in the public interest. E. The Planning Director decision shall include a condition that Home Occupations be forwarded to the Public Works Department for the determination of utility charges. Section 4. Ordinance 2483, as amended, and Chapter 17.18 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.18.070 to read as follows: 17.18.070 Planning Director's Decision. Following thc - 15 - public hearing tThe Planning Director shall, in writing, approve, deny or approve with modifications or conditions, the application. The Planning Director shall attach such conditions as may be deemed necessary to ensure land use compatibility, public safety, and compliance with all standards and requirements of this Chapter. Said written decision shall include findings based upon compliance with the development standards (.040) and the following criteria: A. Water, sewer, power, road, police and fire, and refuse disposal must be available and adequate for the proposed use. B. The proposal should not cause detrimental effects on the surrounding residential area as a result of changes in the following elements (but not limited to just these elements): traffic, noise, activities occurring on -site, lighting, and the ability to provide utility service. C. The proposal shall be compatible with surrounding residential area because the treatment of the following aspects (but not limited to the following only) is adequate to assure compatibility: landscaping, location of structure(s), parking areas, and the residential nature of construction and /or architectural details of the structure. Section 5. Ordinance 2038, as amended, and Chapter 17.19 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.19.070, 17.19.120, 17.19.150 and 17.19.160 as follows: 17.19.070 Procedure for Approval. The procedure for approval of a Planned Residential Development shall be composed of four steps: A. Public hearing on the preliminary development plan and, if applicable, the preliminary plat and other permit actions, and recommendation by the Planning Commission to the City - 16 - Council. B. Approval by the City Council at a public meeting of the preliminary development plan and other actions as applicable; C. Public hcaring meeting by the Planning Commission to review the final development plan and plat for compliance with the approved preliminary development plan, and recommendation to the City Council; D. Approval of the final development plan and plat by the City Council at following a public meeting hearing. D. At cithcr the preliminary or final PRD stage, or both, the City Council may at it3 discrction dccidc to hold a public hcaring. 17.19.120 Planning Commission Recommendation - Preliminary Development Plans. Prior to making a recommendation on an application for a preliminary Planned Residential Development, the Planning Commission shall hold at 1 ast one a public hearing. The Commission's recommendation on PRD density shall be based upon Sections 17.19.010, .060 and .061, and the recommendation for approval, denial, or approval with modifications or conditions shall be forwarded to the City Council in written form based upon compliance with Sections 17.19.050 and the following criteria: A. The proposed development will comply with the policies of the Comprehensive Plan and further the attainment of the objectives and goals of the Comprehensive Plan. B. The proposed development will, through the improved utilization of open space, natural topography, transitional housing densities and integrated circulation systems, create a residential environment of higher quality than that normally achieved by - 17 - traditional development of a subdivision. C. The proposed development will be compatible with adjacent existing and future developments. D. All necessary municipal utilities, services, and facilities, existing and proposed, are adequate to serve the proposed development. E The internal streets serving the proposed development are adequate for the anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street. F. If the development is planned to occur in phases, each phase shall meet the requirements of a complete development. Developments of less than 3.44 acres shall not be done in phases. 17.19.150 Planning Commission Review of Final Development Plan The Planning Commission shall consider the application for final approval at a public hcaring meeting, noticc of which shall be given as providcd in Ecction 17 9G 140. A recommendation to the City Council for approval shall include findings on the following: A. Compliance with the approved preliminary development plans; B. Adequacy of the provisions for maintenance of required common open space and other common improvements; C. The final plat, if applicable; and D. Bonding or other acceptable form of security for the whole or specific parts of the project. 17.19.160 City Council Final Action. The City Council shall review the recommendation of the Planning Commission at a public fflee-tftg hearing, notice of which shall be given as provided in Section 17.96.140, and shall approve, deny, or approve with - 18 - modifications the final development plan and, if applicable, the final plat. Approval of the final development plan shall be by ordinance and a copy of the final PRD shall be filed with and made a part of said ordinance. The Zoning Map shall be amended to indicate the extent of the approved Planned Residential Development, and all future development of the site shall be in conformance with the approved PRD. Section 6. Ordinance 2471, as amended, and Chapter 17.26 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.26.085 to read as follows: 17.26.085 Public Heariner. Prior to making -a decision on a Retail Stand Conditional Usc Permit, thc Planning Dircctor shall hold a public hearing on the application with public noticc bcing given a3 provided in S17.9G.140 Section 7. Ordinance 2222, as amended, and Chapter 16.04 of the Port Angeles Municipal Code are hereby amended by amending PAMC 16.04.120 to read as follows: 16.04.120 Appeals. A. Any person aggrieved by the decision of the Planning Director under Section 16.04.100 may appeal the decision to the Planning Commission City Council. B. Appeals shall be submitted to the Planning Department in writing within fourteen (14) days following the date of mailing the decision to the applicant. C. The Planning Commission shall hear thc appeal at its ncxt possible public meeting and thereupon make a rccommendation to thc City Council to uphold, rcvcr3c, modify the decision, based upon thc compliance of the preliminary short plat with thc rcquircmcnt3 of this Chapter. Such recommendation shall include - 19 - writtcn findings of fact. DC. The City Council shall hear the appeal at its ncxt poasiblc public mccting following rcceipt of the Planning may wept uphold, reverse, or modify the Planning Commission's rccommendations decision, and shall set forth written findings of fact. Section 8. Ordinance 2312, as amended, and Chapter 15.04 of the Port Angeles Municipal Code are hereby amended by adding a new section to read as follows: 15.04.035 - Integrated Project Review. A. In reviewing a project action, the City may determine that the requirements for environmental analysis, protection, and mitigation measures in the City's development regulations and Comprehensive Plan adopted under Chapter 36.70A RCW, and in other applicable laws and rules, provide adequate analysis of and mitigation for the specific adverse environmental impacts of the project action to which the requirements apply, provided that the following requirements are met: 1. In the course of project review, including any required environmental analysis, the City considers the specific probable adverse environmental impacts of the proposed action and determines that these specific impacts are adequately addressed by the development regulations or other applicable requirements of the Comprehensive Plan, or other rules or laws; and 2. The City bases or conditions its approval on compliance with these requirements or mitigation measures. B. If the City's Comprehensive Plan and development regu- lations adequately address a project's probable specific adverse environmental impacts, as determined under subsection A of this - 20 - section, the City shall not impose additional mitigation under this Chapter during project review. Project review shall be integrated with environmental analysis under this Chapter. C. The Comprehensive Plan or development regulation shall be considered to adequately address an impact if the City, through the planning and environmental review process under Chapter 36.70A RCW and this Chapter, has identified the specific adverse environ- mental impacts and: 1. The impacts have been avoided or otherwise mitigated; or 2. The City Council has designated as acceptable certain levels of service, land use designations, development standards, or other land use planning required or allowed by Chapter 36.70A RCW. D. In deciding whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the City shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the City shall base or condition its project approval on compliance with these other existing rules or laws. E. Nothing in this section limits the City's authority in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by this Chapter and the State Environmental Policy Act, Chapter 43.21C RCW. F. A planned action, as defined in this subsection, does not require a threshold determination or the preparation of an - 21 - environmental impact statement under this Chapter, but is subject to environmental review and mitigation as provided in this Chapter. For purposes of this subsection, a "planned action" means one or more types of project action that: 1. Are designated planned actions by an ordinance or resolution adopted by the City Council; 2. Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with the Comprehensive Plan; 3. Are not essential public facilities as defined in RCW 36.70A.200; and 4. Are consistent with the Comprehensive Plan. Section 9. Ordinance 2312 and Chapter 15.04 of the Port Angeles Municipal Code are hereby amended by amending PAMC 15.04.280 to read as follows: 15.04.280 - Appeals. The City of Port Angeles establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197 -11 -680: A. Any agency or person may appeal the City's procedural compliance with Chapter 197 -11 WAC for issuance of the following: 1. A final DNS. Appeal of the DNS must be made to the Planning Commission City Council within tcn (10) fourteen (14) days of the date the DNS is final (see WAC 197- 11- 390(2) (a)). 2. A DS. The appeal must be made to the Planning Comm4..3:on City Council within tcn (10) fourteen (14) days of the date the DS is issued. 3. An EIS. Appeal of the FEIS must be made to the Planning Commission City Council within tcn (10) fourteen (14) days of the date the permit or other approval is issued. - 22 - B. For any appeal under this subsection, the City shall provide for a record that shall consist of the following: 1. Findings and conclusions; 2. Testimony under oath; and 3. A taped or written transcript. C. The City may rcquirc the appellant to providc shall provide for an electronically recorded transcript of the proceed - j.ngs and may require the appellant to provide a written transcript. D. The procedural determination by the City's Responsible Official shall carry substantial weight in any appeal proceeding. E. The City shall give official notice under WAC 197 -11- 680(5) stating the date and place for commencing an appealwhcncvcr it 13SUCS a permit or approval for which a statute or ordinance cctablishca a timc limit for commcncing judicial app al. If there is no time period for appealing the underlying governmental action, and a notice of action under RCW 43.21C.080 is used, appeals shall be commenced within the time period specified by RCW 43.21C.080. F. Timing of Appeals. 1. There shall be no more than one city appeal proceeding on a procedural determination (the adequacy of a deter- mination of significance/nonsignificance or of a final environ- mental impact statement). The appeal proceeding on a determination of significance may occur before the City's final decision on a proposed action. The appeal proceeding on a determination of nonsignificance may occur before the City's final decision on a proposed action only if the appeal is heard at a proceeding where the hearing body will render a final recommendation or decision on the proposed underlying governmental action. Such appeals shall also be allowed for a determination of significance / nonsignificance - 23 - which may be issued by the City after supplemental review. The City shall consolidate an appeal of procedur- Al issues and of substantive determinations made under this Chapter (such as a decision to require particular mitigation measures or to leny a proposal) with a hearing or appeal on the underlying govern - 'rental action by providing for a ingle simultaneous hearing before pne hearing body to consider the agency decision on a proposal and Any environmental determinations made under this Chapter. with the exception of the appeal. if any. of a determination of signifi- cance. Section 10 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 11 - Effective Date. This Ordinance shall take effect five days after the date of 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 March, 1996. ATTEST: &L.(‘r Acts65cxxxtxz Ciy Cl rk APPROVED AS TO FORM: Craig D. \Knutson, City Attorney PUBLISHED : March 24, 1996 96.03A Summary of Ordinance Adopted by the Port Angeles City Council on March 19. 1996 and Corrected on April 2, 1996 Ordinance No. 2911 This Ordinance of the City of Port Angeles implements the requirements of the Washington State Regulatory Reform Act, Chapter 347, Laws of 1995, establishes a consolidated development permit process, amends Ordinances 1709, 2038, 2222, 2312, 2103, 2471, and 2483, as amended, and amends Chapters 15.04, 16.04, 17.17, 17.18, 17.19, 17.26, and 17.96 of, and adds a new Chapter 18.02 to, the Port Angeles Municipal Code. Summary of Ordinance Adopted by the Port Angeles City Council on April 2, 1996 Ordinance No. 2912 This Ordinance of the City of Port Angeles eliminates the requirement for a radio and television antenna permit and repeals Ordinance 1273 and Chapter 14.28 of the Port Angeles Municipal Code. The full texts of the Ordinances are available, for a fee, 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. Ordinance No. 2911 took effect on March 29, 1996. Ordinance No. 2912 shall take effect five days after the date of publication of this summary. Publish: April 7. 1996 Becky J. Upton City Clerk Summaries of Ordinances Adopted by the Port Angeles City Council on March 19, 1996 Ordinance No. 2911 This Ordinance of the City of Port Angeles implements the requirements of the Washington State Regulatory Reform Act, Chapter 347, Laws of 1995, establishes a consolidated development permit process, amends Ordinances 1709, 2312, 2103, 2471, and 2483, as amended, and amends Chapters 15.04, 17.17, 17.18, 17.19, 17.26, and 17.96 of, and adds a new Chapter 18.02 to, the Port Angeles Municipal Code. 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 shall take effect five days after the date of publication of this summary. Publish: March 24, 1996 Becky J. Upton City Clerk