HomeMy WebLinkAbout2979ORDINANCE NO. 2979
AN ORDINANCE of the City of Port Angeles, Washington, amending
Ordinance 2656, as amended, and Chapter 15.20 of the Port Angeles
Municipal Code by revising the City's regulations regarding development
in environmentally sensitive areas.
WHEREAS, the City Council adopted development standards regulating development
in environmentally sensitive areas (ESA) by adoption of Ordinance 2656 in 1991; and
WHEREAS, the ESA regulations were modified in 1996 following five years of use to
allow more flexibility in determining buffer requirements; and
WHEREAS, in 1997, the City established an ad hoc advisory committee to conduct a
thorough review of the ESA Ordinance as it pertains to actual development;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES
DOES HEREBY ORDAIN as follows:
Section 1. Ordinance 2656, as amended, and Chapter 15.20 of the Port Angeles
Municipal Code are hereby amended by amending PAMC 15.20.010, 15.20.020, 15.20.030,
15.20.040, 15.20.050, 15.20.060, 15.20.070, 15.20.080, 15.20.110 to read as follows:
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 stream banks, causes erosion, removes nutrients by removing source of fallen
leaves and stream side 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 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 stream flow 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 impacts fish and
wildlife by destroying habitat and degrading water quality and increases potential for flooding,
property damage, and risk to public health, safety, and welfare.
B. Development of geological (erosion hazard, landslide hazard, seismic hazard)
hazard areas 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 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;
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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 long shore drift processes that help maintain Edie
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. (Ord. 2656 §1 (part), 11/29/91.)
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 required 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 as required
by the Growth Management Act and as provided in the Guidelines promulgated by the
Department ofevrnniunity Development State of Washington. Accordingly, the intent of this
Chapter is to use a performance-I:rased functions and values 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. Avoiding disturbance of these areas;
AB. Mitigating unavoidable impacts ;
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BC. Protecting from impacts of development by regulating alterations;
ED. Protecting the public from personal injury, loss of life or property damage due
to flooding, erosion, landslides, seismic events, or soil subsidence;
DE. 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;
EF. Protecting the public trust in navigable waters and as-to aquatic resources;
FG. Preventing adverse impacts to water availability, water quality and streams;
GH. Protecting unique, fragile, and valuable elements of the environment, including
wildlife and its habitat;
HI. Alerting appraisers, assessors, owners, potential buyers, or lessees to the
development limitations of environmentally sensitive areas;
1J. Providing City officials with sufficient information to adequately protect
environmentally sensitive areas when approving, conditioning, or denying public or private
development proposals; and
iK. Implementing the policies of the State Environmental Policy Act, Chapter
43.21C RCW; the City of Port Angeles Comprehensive Plan; this Chapter of the Port Angeles
Municipal Code; and all updates and amendments, functional plans, and other land use policies
formally adopted or accepted by the City of Port Angeles.
KL. Provide protection of environmentally sensitive areas for a 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. (Ord. 2918 §1 (part), 6/14/96; Ord. 2656 §1
(part), 11/29/91.)
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
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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. "Buffer" means an undisturbed area adjacent to an environmentally sensitive
feature that is required to protect or enhance the environmentally sensitive features and is
considered part of the environmentally sensitive area. A buffer is different than a setback.
C. "Compensation" means a form of mitigation that replaces project- induced losses
or impacts to an environmentally sensitive area and includes, but is not limited to restoration,
enhancement, substitute resources, and creation, which are defined as follows:
1. "Restoration" means actions performed to reestablish environmentally
sensitive area functional and value characteristics and processes which have been lost by
alterations, activities, or catastrophic events within an area
2. "Enhancement" means actions performed to improve the condition of an
existing environmentally sensitive area so that the functions and values provided are of a higher
quality;
3. "Substitute Resources" means actions performed to provide for an alternative
environmentally sensitive area; or
4. "Creation" means actions performed to intentionally establish or expand an
environmentally sensitive area where it did not formerly exist.
BD. "Critical areas" and "environmentally sensitive areas" include any of the
following areas and ecosystems their associated buffers:
1. Wetlands;
2. Streams or stream corridors;
3. Frequently flooded areas;
4. Geologically hazardous areas:
a. Erosion hazard areas,
b. Landslide hazard areas,
c. Seismic hazard areas;
5. Priority species and species of concern habitat areas; and
6. Locally unique features:
a. Ravines;
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b. Marine bluffs;
c. Beaches and associated coastal drift processes.
E. "Engineer" means a state licensed or certified engineering professional.
EF. "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.
13G. "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.
H. "Functions and Values" means the natural processes and intrinsic environmental
benefits offered by an environmentally sensitive feature. As examples, a function and an
associated environmental value of a marine bluff is to provide materials to shorelines and
thereby maintain beaches and spits from erosion, and a function and an associated
environmental value of a stream is to provide water that in turn insures the survival of a
diversity of flora and fauna.
EI. "Geologically hazardous areas" means areas that because of their susceptibility
to erosion, sliding, earthquake, or other geological event, are not suited to siting commercial,
residential, or industrial development consistent with public health or safety concerns.
FJ. "Habitats of local importance" means a seasonal range or habitat element with
which a given species has a primary association, 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.
GK. "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 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 quaternary slumps, earthflows, mudflows, lahars, or landslides on
maps published by the United States Geological Survey or Department of Natural Resources
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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.
feet except areas coinposed of consolidated rock.
Any slope grera than eighty percent (80 "/0).
5 Any area whrch has shown movement during the past 10,000 years,
wlnch is underlain by mass wastage debris period of time.
63. Any area potentially unstable as a result of rapid stream incision, stream
bank erosion (e.g. ravines) or undercutting by wave action (e.g. marine bluffs).
HL. "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.
or neacnes aria assucratea coastal arm processes.
JM "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 /or the landforms created by these processes.
N. "Mitigation" means taking measures including avoiding, minimizing, and
compensating for adverse impacts to an environmentally sensitive area and should be taken in
the following order of preference and may include a combination of these measures:
1. Avoiding the impacts altogether by not taking a certain action or parts of an
action but still accomplishing the objective of the proposed action;
2. Minimizing the impacts by limiting the degree or magnitude of an action, by
using appropriate technology and best management practices, or by taking affirmative action
to reduce impacts;
3. Rectifying the impacts of an action by repairing, rehabilitating, or restoring
the affected environment;
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4. Reducing or eliminating the impacts over time by preservation and
maintenance operations during the life of an action;
5. Compensating for the impacts by restoring, enhancing, providing substitute
resources, or creating new environments; and
6. Monitoring the impacts and the mitigation and taking appropriate corrective
measures.
KO. "Priority habitats" means areas with one or more of the following attributes:
comparatively high fish and wildlife density; high fish and wildlife species richness; significant
important fish and wildlife breeding habitat, seasonal ranges, or movement corridors; limited
availability, andfor high vulnerability; and /or unique or dependent species.
P. "Species of Concern and Priority Species and Species of Concern Habitat"
means habitat supporting: (a) fish and wildlife species that are designated by the State to be 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.
EQ. "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.
MR. "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 cohesion less soils of low density usually
in association with a shallow groundwater table.
S. "Setback" means the minimum distance for any use, structure or building from
a hazard area as required by a qualified expert as identified in PAMC 15.20.060(B)(4)(b) to
protect safety for occupants of a development and /or users of a site.
"Steetrslune haiatd areas" nt
y grauna n1a
0
vertica► reefer.
8T. "Stream corridor zones" means variable width planning areas defined as- setbacks
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by the type of stream or watercourse, or from the
top of the bank or dike. Zones Stream corridors 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 stream corridor zone will may be established using
the Locally Unique Feature Corridor Zone.
P "Species of Concern and Pr
qty pecieS
'lean pporting:
QU. "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,however, 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;
c. Are used by substantial numbers of anadromous or resident game
fish for spawning, rearing or migration. Waters having the following characteristics are
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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 moderately 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 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
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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 drainage
ways having short periods of spring or storm runoff (Ord. 2656 §1 (part), 11/29/91.)
15.20.040 - Applicability. This Section establishes regulations for the protection of
properties areas which are environmentally sensitive (critical areas). Properties Areas 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
Comprehensive Plan or by separate studies which indicate that all orpart ion s of a pay ticula
an area is environmentally sensitive areas. A site specific analysis which
indicates that any element regulated by this Chapter is present will result in a p upei ty an area
being classified as environmentally sensitive.
A. All development proposals, including enhancement projects, on site which are
identified as in 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 residential 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 environmentally sensitive
areas are located within the jurisdiction of the City of Port Angeles. For sSpecific
environmentally sensitive features (streams corridors, ravines, marine bluffs,and beaches);
shall be defined and designated as set forth below to assure that the
1 • 1
•
1• •
extent of environmentally sensitive areas in the City
The approximate distribution and
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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 environmentally 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.
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E. The exact location of the boundary of an environmentally 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 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 retain 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. (Ord. 2656 §1 (part), 11/29/91.)
Decisions of the Planning Director in applying this Chapter may be appealed to
the City Council per Section 15.20.110 of this Chapter.
15.20.050 - Permitted Uses and Development Restrictions.
A. Permitted Uses Uses permitted on properties which contain an area 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 of property, the applicant may request that the Planning
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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 Section
15.20.110 of this Chapter, 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.
15.20.070 of this Chapter.
d. Beaches and
Section 15.20.070 of this Chapter.
2. All other environmentally sensitive areas identified 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. (Ord. 2656 §1 (part), 11/29/91.)
15.20.060 - Submittal Requirements and Support Information 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 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 characteristics, 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
Ravines, marine bluffs and their buffers, pursuant to Section
associated coastal drift processes
pursuant to
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for review of a specific application type.
evaluated by The applicant to shall 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
of-a site an area as environmentally sensitive pursuant to the procedures set forth in PAMC
15.20.040E. For app
rn io site -ts env�runnrentaHy sensrt�
pursuant to �Lrti, the app
ptirsua.
L ni
B. Supporting Information Required. All land uses and developments proposed
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in an area 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
a. Erosion hazards;
b. Landslide hazards;
bc. Seismic hazards;
cd. Drainage, surface and subsurface hydrology, and water quality;
de. Flood prone areas;
Existing vegetation as it relates to steep slopes, soil stability, and
natural habitat value (for wetlands, refer to Chapter 15.24 PAMC);
fg. Locally unique landforms: ravines, marine bluffs, beaches and
associated coastal drift processes;
g. Slopes greater than 40 " /0.
Recommended methods for mitigating identified impacts and a
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description of how these mitigating measures may impact adjacent properties areas.
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;
Hazard Areas,
b. Erosion Hazard Areas, Landslide Hazard Areas, and Seismic
c.
dc. Wetlands: Biologist with wetlands ecology expertise;
ed. Streams, Rivers, Riparian Areas, Drainage Corridor, Ravine:
Geologist or Geotechnical Engineer;
fe. Marine Bluffs, Beaches: Geologist or Geotechnical Engineer,
: Geologist and /or Geotechnical Engineer;
teep Slopes: Geologist or Geutec m ;
Oceanographers
g_f.
Fish and Wildlife Habitats: Biologist with habitat ecology
expertise.
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. (Ord. 2656 §1 (part), 11/29/91.)
15.20.070 - Development Standards.
A. Streams .
which all propel ties are potentially sus jeL
...
equwements of tnis apter, are- ttstect in tale
1 . . . . . .1 . . .
VIP
VIP
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• • •
•
Drift Processes. All areas falling within the corridors identified in the following subsection are
subject to the requirements of this Chapter.
1. Stream Corridors 01 J. This subsection defines Guise corridor
dimensions for different classes of streams and their tributaries as rated by-the-Washington
pursuant to WAC 222 -16 -020 and -030. All piupc11ICJ
areas falling within this -zone a corridor are subject to review under this Chapter unless
excluded by the Planning Director. Dimensions are measured from the seasonal high water
mark or elevation of the stream or watercourse as follows:
Type 1 250 feet;
Type 2 250 feet;
Type 3 150 feet;
Type 4 100 feet;
Type 5 100 feet. none.
Should the stream be located within a ravine, the greater dimension of either the stream
corridor Lone, or the ravine Lone, corridor will be used to define properties areas subject to the
requirements of this Chapter.
2. Stream Comdor Buffers. Any development or construction adjacent to
a stream shall preserve a buffer which is wide enough to maintain the natural hydraulic and fish
and wildlife habitat functions of that stream. The following buffers of undisturbed native
vegetation shall be provided for different classes of streams and their tributaries as rated by-the
pursuant to WAC 222 -16 -020 and -030.
Dimensions are measured from the ordinary high water mark or elevation of the stream or
watercourse, or from the top of the bank or dike:
Type 1 100 feet
Type 2 100 feet
Type 3 75 feet
Type4 50 feet
Type 5 25 feet none
- 17 -
3. Stream corridors widths; and their- associated buffers; shall be increased
to include streamside wetlands which provide overflow storage for storm waters, 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. Locally Unique Features -- Ravines, Marine Bluffs and Beaches and Associated
Coastal Drift Processes. All properties areas falling within the zones corridors identified in the
following subsection are subject to the requirements of this Chapter. Should its determnme
them fi am tip requirements of this Chapter.
1. Locally Unique Feature Corridors Zones. The following zones
corridors, 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 200 feet;
Marine Bluffs 200 feet;
Beaches and Associated
Coastal Drift Processes Shoreline Management Zoite Jurisdiction.
Should locally unique feature corridors LAJIMJ also overlay stream corridors 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 ravines bluffs:
Ravines 5-0 25 feet;
Marine Bluffs 50 feet-i
Beaches and Associated
- 18 -
Coastal Drift Processes None Per the City's Shoreline Master Program
as adopted by PAMC 15.08.040.
3. Undisturbed zones buffers 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;
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.
bluff.
.. • • . • •
5. Additional Buffers. The Planning Director may require
• 111
• • •
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 substitute fee per Section 15.20.080(I)(2)(C) for
projects or programs which seek to improve environmental quality within the same watershed.
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 will not:
(a) will not Increase geological hazards such as erosion potential,
landslide potential, or seismic hazard potential; or
(b) w not Adversely affect significant fish and wildlife habitat
- 19 -
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 Erosion hazard areas:
a. That the land clearing, grading or filling activities will adhere to
the best management practices.
b. That the vegetation in erosion hazard areas will be preserved or
replaced.
-F2. 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 proposed development and a quantitative analysis of
slope stability indicates no significant risk to the development proposal and adjacent properties;
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.
or �rosiun irazara areas.
a. Areas containing erosion hazard areas shall have land clearing,
Vegetation t rslvpes shall be p
3. For Seismic hazard areas:
a.
piacea.
om,wing.
- 20 -
E 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
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.
bc. Construction on artificial fills ro'ill -be is 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 Setbacks : In the event that it is
determined that a geological hazard area, particularly a landslide hazard or erosion hazard area,
is unstable and cannot be safely developed and must remain as permanent open space, the
following Lu Tv. lHre- established: setbacks from hazard areas shall be required as necessary
to mitigate erosion, landslide, and seismic hazards, or as otherwise necessary to protect the
public health, safety, and welfare of the occupants of a development and /or the users of a site
and shall be determined by qualified experts as prescribed in PAMC 15.20.060(B)(4).
a.
eoiogic iiazarct isuffer. eet from the top an toe of the
D. . ' Priority Species and Species of Concern Habitat Areas. To
protect the habitat of animal species which are considered designated by the State to be priority
species or species of concern and thereby maintain and increase their populations, significant
wildlife priority species and species of concern habitat areas shall be subject to the following:
1. When a development proposal contains a priority species or species of
t the applicant shall submit
concern habitat
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.
- 21 -
Possible mitigation measures should include, but are not limited to: ( -fa) establishment of
buffers zones, (2b) preservation of critically important plants and trees, (3-c) limitation of access
to habitat area, (4d) scheduling construction activities to avoid interference with wildlife and
fisheries rearing, resting, nesting or spawning activities; (5e) using best available technology
to avoid or reduce impacts; (6f) using drainage and erosion control measures to prevent
siltation of aquatic areas; and ( -7g) reducing the size, scope, configuration or density of the
proj ect.
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 sign' priority species
or species of concern habitat area as identified by a habitat management plan shall be limited
to low intensity land uses which will not 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 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
Wetlands 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, flexibility 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 undevelorrable undisturbable 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
- 22 -
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 which are allowed to be disturbed shall receive
full 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 Environmentally 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
(Ord. 2918 §1 (part) 6/14/96; Ord. 2656 §1 (part), 11/29/91.)
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 Development Exceptions in Stream and Locally Unique Feature
Corridors, Ravi
oastai vrin rrocess Areas.
mgi aunty g. vcveiop y aw
iiiaylle approve t,y tir tanning uirector rt nie applicant aenn,nstrates that.
- • - 1 .
P O VT
wnicn is necessary to create a aisturnea area wnrcn is no larger
than five thousand square feet,
the applicant demonstrates that there is no other reasonable
crnatwe to developing the buffer.
1 • I • • .
Lu.0 iu, an
• . • •
ehaPCer
VT
21. 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 Sectioir3 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 all other development standards
of Section 15.20.070; and
e. The proposal is consistent with the purpose and intent of this
Chapter.
f. When the functions and values of the environmentally sensitive
area will be disrupted, the applicant has prepared a mitigation plan per Subsection I.3.
3 . Lmhted Waive upe Drsta • Any -one or all
- 24 -
• . . • •
. • . • •
.. . •
an d intent of this chapter.
42. Minor Additions to and Modifications of Existing Structures. Existing
structures or improvements that do not meet the requirements of this Chapter may be
remodeled, reconstructed or replaced, or expanded provided that the any new construction
does not change or add to the existing foundation and does not further disturb disrupt the
natural functions and values of an environmentally sensitive area.
53. 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. The previous alteration has significantly disrupted the natural
functions and values of the environmentally sensitive area;
c. The new alteration does not further disrupt the natural functions
and values of the environmentally sensitive area;
cd. 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;
de. The proposal incorporates the all other development standards
of Section 15.20.070, and
ef. The proposal is consistent with the purpose and intent of this
Chapter.
4. If the Planning Director determines that a reasonable use exception may
be granted, the applicant shall sign a waiver indemnifying the City from any liability due to
damages that could result from location of the development in or near an environmentally
sensitive area.
65. Alternatively, if the Planning Director determines that application of
- 25 -
these standards would deny all reasonable economic use of the property, the City may take the
property for public use with just compensation being made.
B. Emergencies. The Planning Director may approve improvements or alterations
that are necessary to respond to emergencies that threaten the public health and safety, or
. 1 ,
.. .•.. •
when he/she determines that no reasonable alternative exists and
the benefit outweighs the loss. Emergencies shall be verified by engineer qualified
experts as prescribed in PAMC 15.20.060(B)(4).
C. Drainage Facilities.
•
• 1 11 .
TV
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 for 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 channels. 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;
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;
- 26 -
and
6. Within buffers, trails and trail - related facilities shall be aligned and
constructed to minimize disturbance to stream functions and values.
E Minor additions to existing loan-eon arming buildings. Minor add'lions to
1 O1H LIIG c,onSLI Ul,lli7n VI Llle dUU1UOn W11 1 dtI ell
y
FE. 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.
GF. 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. Any work within the stream channel shall be constructed
and installed
per the
requirements of an applicable State hydraulics permit;
4. Crossings No work within the stream channel shall not occur in salmonid
spawning areas unless no other feasible dossing site eAi�l,;
5. Bridge piers or abutments shall not be placed in either the floodway or
between the ordinary high water marks 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;
8. Crossings shall serve multiple properties whenever possible.
-27-
and
HG. 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.
TH. Time Extension. The Planning Director may extend a development extension,
not to exceed one year, if:
1. Unforeseen circumstances or conditions necessitate 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.
JI Mitigation. For any allowable development exception provided under this
Section,
the
following restoration and compensation mitigation measures to minimize and reduce impacts
to environmentally sensitive areas shall be required, and a mitigation plan per Subsection I.3
of this Section shall be 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 degrade oin disrupted by alteration prior to
development approval.
• • •• • .11
•
2. Compensation. Compensation is required from developers for all
approved alterations to- streams environmentally sensitive areas. Compensation foi-approved
. '. . . •• . :... • _ .. .. . . required for
specific development standards shall include, but is not limited to, the following:
a. Streams
a. i. The applicant shall maintain or improve stream channel
dimensions, including depth, length, and gradient; restore or improve native vegetation and fish
- 28 -
and wildlife habitat; and create an equivalent or improved channel bed, biofiltration and
meandering.
b.
�y tie app
ppruvea iy tie manning Director,
11.
e compensation prod
ollowing the requirements of the approvcd mitigation plan,
•
otnpectsat�
iV. A Iinat rep
y imp
a
a
years,
g the minintu
v. 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. The decision of the Planning Director to postpone
or limit development may be appealed per Section 15.20.110.
b. Beaches and Associated Coastal Drift Processes
The applicant shall restore, enhance, or create the beach
and associated coastal drift processes per the City's Shoreline Master Program as adopted by
PAMC 15.08.040.
ii. 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. The decision of the Planning Director to postpone
or limit development may be appealed per Section 15.20.110.
c. Substitute Fees. In cases where the applicant demonstrates to
the satisfaction of the Planning Director that a suitable compensation site does not exist, the
PlanningDirector may allow the applicant to make a financial contribution to an established
environmental project or program. The project or program must improve
environmental quality within the same Port Angeles Regional watershed .
The amount of the fee shall be equal to the cost of mitigating the impact of stream or shoreline
alteration and shall must be equal to the cost of mitigating the impact of stream or shoreline
- 29 -
alteration and shall must be approved by the Planning Director.
3. Mitigation Plans. All restoration and compensation projects required
for development exceptions shall follow a mitigation plan prepared by qualified scientists
experts as prescribed in PAMC 15.20.060(B)(4) containing the following components:
a. Baseline Information. Quantitative data shall be collected and
synthesized analyzed 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, geological or hydrological criteria.
d. Detailed Construction Plan. Written specifications and
descriptions of mitigation techniques shall be provided, including the proposed construction
sequence, accompanied by detailed site diagrams and blueprints that are an integral requirement
of any development proposal.
e. Monitoring Program. A program outlining the approach for
assessing a completed project 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 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
- 30 -
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. (Ord. 2915
§1 (part), 6/14/96; Ord. 2656 §1 (part), 11/29/91.)
- Tracts and Easements.
seirsrti e- areas --hat are to rein in
pursua
outer. i ne terms an
(Ord. 2656 §1 (part) 11 /29/91. )
15.20.090 - Sensitive Area Tracts. As a condition of any permit issued pursuant to this
Chapter, the permit holder may be required to create a separate sensitive area tract or tracts
containing the areas determined to be environmentally sensitive in field investigations
performed pursuant to Subsection 15.20.040(E). Sensitive area tracts are legally created tracts
containing environmentally sensitive features and their buffers that shall remain undisturbed in
perpetuity. Sensitive area tracts are an integral part of the lot in which they are created, are not
intended for sale, lease or transfer, and shall be included in the area of the parent lot for
purposes of subdivision method and zoning regulations.
A. Legal Protection of Sensitive Area Tracts. When the Planning Director
requires the creation of a sensitive area tract as a condition of any permit issued pursuant to this
Chapter, the sensitive area tract or tracts shall be protected by one of the following methods
to be determined by the Planning Director:
1. Easement. The permit holder shall convey an irrevocable offer
to dedicate to the City of Port Angeles, or other public or non -profit entity specified by the
Planning Director, an easement for the protection of the environmentally sensitive area; or
2. Deed Restriction. The permit holder shall establish and record
a permanent and irrevocable deed restriction on the property title of all lots containing a
- 31 -
sensitive area tract or tracts created as a condition of any permit. Such deed restriction(s) shall
prohibit in perpetuity the development, alteration, or disturbance of vegetation within the
sensitive area tract, except for purposes of habitat enhancement as part of an enhancement
project which has received prior written approval from the City of Port Angeles and any other
agency with jurisdiction over such activity. The deed restriction shall also contain the following
language:
"Before, beginning, and during the course of any grading,
building construction, or other development activity on a lot or
development site subject to this deed restriction, the common
boundary between the area subject to the deed restriction and
the area of development activity must be fenced or otherwise
marked to the satisfaction of the City of Port Angeles ".
3. Additional Note. The following note shall appear on the
face of all plats, short plats, PRDs, or other approved site plans containing separate
sensitive area tracts and shall be recorded on the title of record for all affected lots:
"NOTE: All owners of lots adjoining separate sensitive
area tracts identified as sensitive area easements or
protected by deed restriction are responsible for
maintenance and protection of the tracts. Maintenance
includes ensuring that no alterations occur within the
separate tract and that all vegetation remains
undisturbed for other than natural reasons, unless the
express written authorization of the City of Port
Angeles has been received."
B. Identification of Sensitive Area Tracts. The common boundary between a
separate sensitive area tract and the adjacent land must be permanently identified.
1. Signs. Identification shall include permanent signs available at the
Planning Department on treated or metal posts. Sign locations, wording, and size
specifications shall be approved by the Planning Director.
2. Fencing. The Planning Director may require permanent fencing for the
purpose of delineating the sensitive area tract or tracts.
- 32 -
C. Maintenance of Sensitive Area Tracts. Responsibility for maintaining sensitive
area tracts shall be held by either the property owner, a homeowners' association, adjacent lot
owners, the permit applicant or designee, or other appropriate entity as approved by the
Planning Director.
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 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 may require the applicant
to post a cash maintenance bond or other acceptable security guaranteeing that structures and
improvements required by this chapter satisfactorily perform for a minimum of two years. This
requirement 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. (Ord. 2656 §1 (part), 11/29/91.)
15.20.110 - Appeals.
A. Any person aggrieved by the decision of the Planning Director may appeal the
decision to the City Council.
- 33 -
B. Appeals shall be submitted to the Planning Department in writing within
fourteen (14) days following the date of the decision.
C. The City Council shall conduct an open record public hearing on the appeal of
the Planning Director's decision with notice being given for the time, place, and purpose of the
hearing at least fifteen (15) days prior to the date of the public hearing by publishing in the
City's officially designated newspaper, by posting the subject property in a conspicuous manner,
and by mailing to the latest recorded real property owners within at least 300 feet of the
boundary of the subject site as shown by the records of the County Assessor.
D. The City Council's decision shall be final unless appealed to Clallam County
Superior Court within twenty -one (21 ) days of such decision.
Section 2. Severability. If any section, sentence, clause, or phrase of this Ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
Section 3. 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 3rd day of February , 1998.
ATTEST:
APPRO D AS TO FORM:
Craig D. K tson, City Attorney
PUBLISHED: February 8, 1998
By Summary
T:1PLANNING10R01LSA
Cat
Gar 1 Braun, Mayor
Summaries of Ordinances Adopted by the
Port Angeles City Council
on February 3, 1998
Ordinance No. 2979
This Ordinance of the City of Port Angeles amends Ordinance No. 2656, as amended,
and Chapter 15.20 of the Port Angeles Municipal Code by revising the City's
regulations regarding development in environmentally sensitive areas.
Ordinance No. 2980
This Ordinance of the City of Port Angeles increases the lodging excise tax from two
to four percent and amends Ordinance 1847, as amended, and Chapter 3.48 of the
Port Angeles Municipal Code. The effective date of the tax imposed by this
Ordinance shall be April 1, 1998.
Ordinance No. 2981
This Ordinance of the City of Port Angeles revises the time for beginning City Council
meetings from 7:00 p.m. to 5:30 p.m., establishes that public hearings will be
scheduled to begin at seven p.m. or as soon thereafter as possible, and amends
Ordinance 2230, as amended, and Chapter 2.04 of the Port Angeles Municipal Code.
The full texts of the Ordinances are 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. These
Ordinances, unless otherwise stated above, shall take effect five days after the date of publication of
these summaries.
Becky J. Upton
City Clerk
Publish: February 8, 1998