HomeMy WebLinkAbout3071ORDINANCE NO. 3071
AN ORDINANCE of the City Council of the City of Port Angeles,
Washington, amending the City's land use development regulations to
be consistent with other City ordinance provisions and recent changes
in State law, amending the Environmental Policy Ordinance to
standardize time lines, amending the Clearing and Grading and
Environmentally Sensitive Areas Protection Ordinances to exempt non-
destructive vegetation trimming and to provide standards for viewshed
enhancement, amending the Zoning Code by changing or specifying the
zones in which motels, hospitals, and chemical dependency treatment
centers are considered as conditional and permitted uses and by
providing for aquaculture and excessively high wireless communication
support structures to be considered as unclassified uses, and amending
Ordinances 1886, 2656, 2734, 1709, 2103, 2109, 2797, 2293, and 2911,
as amended, and Chapters 15.04, 15.20, 15.28, 17.08, 17.15, 17.17,
17.20, 17.21,17.22, 17.23, 17.96, and 18.02 of the Port Angeles
Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY
ORDAIN as follows:
Section 1. Ordinance 1886 as amended and Chapter 15.04 of the Port Angeles
Municipal Code are hereby amended by amending PAMC 15.04.180 and 15.04.280 to read as
follows:
15.04.180 Use of Mitigated DNS.
A. As provided in this Section and in WAC 197 -11 -350, the Responsible Official
nay issue a DNS based on conditions attached to the proposal by the Responsible Official or on
phanges to, or clarifications of, the proposal made by the applicant.
B. An applicant may request in writing early notice of whether an EIS is likely
under WAC 197 -11 -350. The request must:
1. Follow submission of a permit application and environmental checklist
For a nonexempt proposal for which the Department is lead agency; and
2. Precede the City's actual threshold determination for the proposal.
C. The Responsible Official should respond to the request for early notice within
iiftccn (15)fourteen (14) working days. The response shall:
1. Be written;
2. State whether the City currently considers issuance of a DS likely and,
f so, indicate the general or specific areas of concern that are leading the City to consider a DS;
and
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3. State that the applicant may change or clarify the proposal to mitigate
the indicated impacts, revising the environmental checklist and /or permit application as necessary
:o reflect the changes or clarifications.
D. As much as possible, the City should assist the applicant with identification of
.. mpacts to the extent necessary to formulate mitigation measures.
E. When an applicant submits a changed or clarified proposal, along with a revised
or amended environmental checklist, the City shall base its threshold determination on the changed
or clarified proposal and should make the determination within fifteen (15) days of receiving the
changed or clarified proposal:
1. If the City indicated specific mitigation measures in its response to the
-equest for early notice, and the applicant changed or clarified the proposal to include those
specific mitigation measures, the City shall issue and circulate a DNS under WAC 197 -11- 340(2).
2. If the City indicated areas of concern, but did not indicate specific
'mitigation measures that would allow it to issue a DNS, the City shall make the threshold
determination, issuing a DNS or DS as appropriate.
3. The applicant' s proposed mitigation measures (clarifications, changes
or conditions) must be in writing and must be specific. For example, proposals to "control noise"
)r "prevent stormwater runoff" are inadequate, whereas proposals to "muffle machinery to X
decibel" or "construct 200 -foot stormwater retention pond at Y location" are adequate.
4. Mitigation measures which justify issuance of a mitigated DNS may be
Lncorporated in the DNS by reference to agency staff reports, studies or other documents.
F. A mitigated DNS is issued under WAC 197 -11- 340(2), requiring a fifteen
fourteen -day comment period and public notice.
G. Mitigation measures incorporated in the mitigated DNS shall be deemed
conditions of approval of the permit decision and may be enforced in the same manner as any term
31- condition of the permit, or enforced in any manner specifically prescribed by the City.
H. If the City's tentative decision on a permit or approval does not include
mitigation measures that were incorporated in a mitigated DNS for the proposal, the City should
.tvaluate the threshold determination to assure consistency with WAC 197- 11- 340(3)(a)
;withdrawal of DNS).
I. The City's written response under subsection B of this Section shall not be
construed as a determination of significance. In addition, preliminary discussion of clarifications
pr changes to a proposal, as opposed to a written request for early notice, shall not bind the City
:o consider the clarifications or changes in its threshold determination. (Ord. 2312 §1, 10/1/84.)
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 aggrieved by an action of the City 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 City Council
within fourteen (14) days of the date the DNS is fmal (see WAC 197- 11- 390(2)(a)) for those
ieterminations associated with a permit or action not subject to review under Chapter 18.02
PAMC. For those determinations subject to Chapter 18.02 PAMC, the filing of the appeal shall
,Pe consistent with the requirements of that Chapter and shall be made within fourteen (14) days
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)f the date of decision.
2. A DS. The appeal must be made to the City Council within fourteen
;14) days of the date the DS is issued.
3. An EIS. Appeal of the FEIS must be made to the City Council within
fourteen (14) days of the date the permit or other approval is issued.
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 shall provide for an electronically recorded transcript of the
proceedings 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 appeal. 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 determination of significance /nonsignificance or of a final
,nviron- mental impact statement). The appeal proceeding on a determination of significance may
3ccur 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
Daly 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 which may be issued by the
City after supplemental review.
2. The City shall consolidate an appeal of procedural issues and of
substantive determinations made under this Chapter (such as a decision to require particular
mitigation measures or to deny a proposal) with a hearing or appeal on the underlying
governmental action by providing for a single simultaneous hearing before one 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 significance. (Ord. 2977
§3 (part), 12/26/97; Ord. 2911 §9, 3/29/96; Ord. 2312 §1, 10/1/84.)
Section 2. Ordinance 2656 as amended and Chapter 15.20 of the Port Angeles
Municipal Code are hereby amended by amending PAMC 15.20.030, 15.20.040, and 15.20.070 to
read as follows:
15.20.030 - Definitions. For the purposes of this Chapter, the following definitions
shall apply:
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A. "Beaches and associated coastal drift process areas" means the areas that
encompass marine shorelines which contain important sites of material supply, transport and
3eposition 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
3r impacts to an environmentally sensitive area and includes, but is not limited to restoration,
nhancement, 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.
D. "Critical areas" and "environmentally sensitive areas" include any of the
following areas and 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;
b. Marine bluffs;
c. Beaches and associated coastal drift processes.
E. "Engineer means a state licenses or certified engineering professional.
F. "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.
G. "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
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■alue of a stream is to provide water that in turn insures the survival of a diversity of flora and
7auna.
I. "Geologically hazardous areas" means areas that because of their susceptibility
:o erosion, sliding, earthquake, or other geological event, are not suited to siting commercial,
- esidential, or industrial development consistent with public health or safety concerns.
J. "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.
K. "Land- disturbing activity" means any use of the land that results in: 1) change
,n the natural cover or topography that exposes soils or 2) may cause or contribute to erosion or
sedimentation. This does not include non - destructive vegetation trimming.
lL. "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
:napped 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
Division of Geology and Earth Resources.
2. Any area with a combination of: (a) slopes fifteen percent (15%) or
steeper, and (b) impermeable soils (typically silt and clay) frequently interbedded with granular
soils (predominantly sand and gravel); and, (c) springs or ground water seepage.
3. Any area potentially unstable as a result of rapid stream incision, stream
bank erosion (e.g. ravines) or under - cutting by wave action (e.g. marine bluffs).
f M. "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.
NI-7N. "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.
NO. "Mitigation" means taking measures including avoiding, minimizing, and
;ompensating 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
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he affected environment;
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.
P. "Non- destructive vegetation trimming" means the trimming, topping, or
pruning of trees, shrubs, or plants, which does not result in harm to the continued life and health
A the plant and does not expose the soil surface.
67Q, "Priority habitats" means areas with one or more of the following attributes:
:omparatively high fish and wildlife density; high fish and wildlife species richness; important fish
and wildlife breeding habitat, seasonal ranges, or movement corridors; limited availability; high
vulnerability; and /or unique or dependent species.
FL.-R. "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
aabitat loss or change.
-S. "Ravines" means narrow gorges normally containing steep slopes, having little
Jr no defined floodplain, and deeper than ten (10) vertical feet as measured from the centerline
A the ravine to the top of the slope.
R T. "Seismic hazard areas" means areas subject to severe risk of damage as a result
Af earthquake induced ground shaking, slope failure, settlement, soil liquefaction, or surface
faulting. These conditions occur in areas underlain by cohesionless soils of low density usually
in association with a shallow groundwater table.
S7U. "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.
T7V. "Stream corridor" means variable width planning area defined by the type of
stream or watercourse, or from the top of the bank or dike. 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 may be established using
the Locally Unique Feature Corridor.
W. "Viewshed enhancement" means the removal of trees or vegetation to enhance
a view when proposed in a ravine and marine bluff buffers. Viewshed enhancement does not
include non - destructive trimming of vegetation as defined by this Chapter.
U-X. "Water types" include categories established and defined in pursuant-to WAC
222 -16 -020 and -030, as amended. follows-:-
3. "Typo 1 water"
rymg
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csac use ny
r
• . . n ..
"iv - - ; - . � - - - . g"
b. Arc within a federal, state, local, or privatc campground having
ct of a camping unit, trail or othcr park improvement;
.1 . : : . .• : - - :. - :
casonal low watcr.
3. "Type 3 Water" shall mcalr-scgme arc
ii. Impoundmcnts having a surface area of 1 acre or greater at
a. Arc dlvcrtcd for domestic us
residential or
. . 8 1 . • . . . 8
i 8, -
3 .. :.
:.
. . •
gmcnts navmg a acnnea cnannci or rcc t or
ii. Impoundmcnts having a surfacc arca of less than 1 acre
t scasonal low watcr and having an outlet to an anadromous fish strcam.
c. Arc used by significant numbers of resldcnt game fish Waters
i. Strcam scgmcnts having a defined channel of 10 feet
or
ct pc r sccona; ana a graaicnt or less than 12 percent.
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mpounctmcnts navtng a surtacc arca grcatcr mart u.
in Typc 1, 2 or 3 watcrs. Thcsc may be perennial or intcrmittcnt. This classification shall be
1pplicd to scgmcnts of natural watcrs which arc not classified as Typc 1, 2 or 3, and for the
oratnary ntgn -watcr marts.
5.
It
ypc watcr" me
homing short periods of spring or storm runoff. (Ord. 2979 § 1 (p
(part), 11/29/91.)
15.20.040 - Applicability. This Section establishes regulations for the protection of
areas which are environmentally sensitive. Areas listed, identified, classified, or rated as
environmentally sensitive are those which are or may become designated environmentally sensitive
by the City of Port Angeles Comprehensive Plan or by separate studies which indicate that an area
is environmentally sensitive. A site specific analysis which indicates that any element regulated
by this Chapter is present will result in an area being classified as environmentally sensitive.
A. All development proposals, including enhancement projects, 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. Where
possible, the City shall attach conditions to development proposals or combine permit decisions
to ensure compliance with this Chapter while alleviating duplicate permit decisions.
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 located on or
adjacent to properties within the jurisdiction of the City of Port Angeles. Specific environmentally
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sensitive features (streams, ravines, marine bluffs, beaches) shall be defined and designated as set
forth below. The approximate distribution and extent of environmentally sensitive areas in the
City 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
he 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
.nvironmentally sensitive areas shown on the maps conflict with the criteria set forth in this
Chapter, the criteria shall control.
E. The exact location of the boundary of an 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 retain qualified professional scientists and technical experts or other experts
as needed to perform the delineation, 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.
Decisions of the Planning Director in applying this Chapter may be appealed
to the City Council per Section 15.20.110 of this Chapter. (Ord. 2979 §1 (part) 2/13/98; Ord.
2656 §1 (part), 11/29/91.)
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15.20.070 - Development Standards.
A. Streams. All areas falling within the corridors identified in the following
subsection are subject to the requirements of this Chapter.
1. Stream Corridors. This subsection defines corridor dimensions for
different classes of streams and their tributaries as rated pursuant to WAC 222 -16 -020 and -030.
All areas falling within 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
Type 2
Type 3
Type 4
250 feet;
250 feet;
150 feet;
100 feet;
Type 5 none.
Should the stream be located within a ravine, the greater dimension of either the stream corridor,
Dr the ravine corridor, will be used to define areas subject to the requirements of this Chapter.
2. Stream 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 pursuant to WAC 222 -16-
320 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
Type 4 50 feet
Type 5 none.
3. Stream corridors and buffers shall be increased to include streamside
wetlands which provide overflow storage for stormwaters, feed water back to the stream during
low flows or provide shelter and food for fish.
4. Additional Buffers. The Planning Director may require either additional
native vegetation or increased buffer sizes when environmental information indicates the necessity
for additional vegetation or greater buffers in order to achieve the purposes of this Chapter. In
cases where additional buffers are not feasible, the Planning Director may require the applicant
to undertake alternative on -site or off -site mitigation measures, including but not limited to a
financial contribution to projects or programs which seek to improve environmental quality within
the same watershed.
B. Locally Unique Feature - Ravines, Marine Bluffs and Beaches and Associated
Coastal Drift Processes. All areas falling within the corridors identified in the following
subsection are subject to the requirements of this Chapter.
1. Locally Unique Feature Corridors: The following corridors, as
measured from the top of ravines, the top and toe of marine bluffs, and beaches, define areas
subject to the requirements of this Chapter, unless excluded by the Planning Director:
Ravines 200 feet;
Marine Bluffs 200 feet;
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Beaches and Associated
Coastal Drift Processes Shoreline Management Jurisdiction.
Should locally unique feature corridors also overlay stream corridors, the criteria of this Section
will be used.
2. Buffers. The following buffers of undisturbed vegetation shall be
.tstablished from the top of ravines; the top and toe of marine bluffs and ravines:
Ravines 25 feet;
Marine Bluffs 50 feet;
Beaches and Associated
Coastal Drift Processes Per the City's Shoreline Master Program as
ldopted by PAMC 15.08.040.
3. Undisturbed 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
lnd 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
,xisting topography and vegetation; and
d. Include measures to overcome any geological, soils and
hydrological constraints of the site.
5. 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
:.ases 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 -viii -net:
(a) will not i +ncrease geological hazards such as erosion potential,
landslide potential, or seismic hazard potential;
(b) will not adversely affect significant fish and wildlife habitat areas;
and
(c) will revegetate disturbed land to reduce erosion and landslide
potential.
C. Geological Hazard (Erosion, Landslide, Seismic) Areas. Areas containing or
adjacent to geological hazard areas shall be altered only when the Planning Director concludes,
based on environmental information, the following:
1. For Landslide hazard areas:
a. That the land clearing, grading or filling activities will adhere
:o the best management practices.
b. That the vegetation in erosion hazard areas will be preserved or
replaced.
2. There will be no increase in surface water discharge or sedimentation
to adjacent properties;
lra. There will be no decrease in slope stability on adjacent
properties; and
e:b 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.
3. For Seismic hazard areas:
a. 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
b. 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.
c. Construction on artificial fills 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 Setbacks: In the event that it is determined that
a geological hazard area is unstable and cannot be safely developed and must remain as permanent
open space, 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).
D. Priority Species and Species of Concern Habitat Areas. To protect the habitat
of species which are designated by the State to be priority species or species of concern and
thereby maintain and increase their populations, 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
concern habitat, the applicant shall submit a habitat management plan. The need for a Habitat
Management Plan should be determined during State Environmental Policy Act (SEPA) review
of the proposal. The habitat management plan should identify how the impacts from the proposed
project will be mitigated. Possible mitigation measures should include, but are not limited to: (a)
establishment of buffer zones; (b) preservation of critically important plants and trees, (c)
limitation of access to habitat area, (d) scheduling construction activities to avoid interference with
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wildlife and fisheries rearing, resting, nesting or spawning activities; (e) using best available
technology to avoid or reduce impacts; (f) using drainage and erosion control measures to prevent
siltation of aquatic areas; and (g) reducing the size, scope, configuration or density of the project.
2. Buffer: To retain adequate natural habitat for priority species, buffers
shall be established on a case -by -case basis as described in a habitat management plan.
3. Uses and activities allowed within a priority species or species of
:oncern habitat area as identified by a habitat management plan shall be limited to low intensity
and uses which will not adversely affect or degrade the habitat and which will not be a threat to
he critical ecological processes such as feeding, breeding, nesting and resting.
E. Frequently Flooded Areas. Development in frequently flooded areas which are
riot subject to the standards of other environmentally sensitive areas, including wetlands, will be
Erected 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 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
..nvironmentally 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.
Environmentally sensitive areas which are 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
3evelopment factor is a number to be used in calculating the number of dwelling units or the
maximum allowable floor area for a site which contains undisturbable environmentally sensitive
areas. The development factor is derived from the following table:
Undisturbable Sensitive Area
as Percentage of Site Development Factor
1 - 10 .30
11 - 20 .27
21 - 30 .24
31 - 40 .21
41 - 50 .18
51 - 60 .15
- 13 -
61 - 70 .12
71 - 80 .09
81 - 90 .06
91 - 99 .03
(Ord. 2979 §1 (part) 2/13/98; Ord. 2918 §1 (part) 6/14/96; Ord. 2656 §1 (part), 11/29/91.)
Section 3. Ordinance 2734 as amended and Chapter 15.28 of the Port Angeles Municipal
Code are hereby amended by amending PAMC 15.28.020, 15.28.040, and 15.28.090 to read as
follows:
15.28.020 - Definitions. For the purposes of this Chapter, the following definitions
describe the meaning of the terms used:
A. "Accelerated erosion" means any increase over the rate of natural erosion as a result
of land - disturbing activity.
B. "Approval" means approval by the City Engineer.
C. "Buffer zone" means a parcel or strip of land that is required to permanently remain
in an undisturbed and untouched condition and within which no building, clearing, grading, or
filling is permitted, except for minor maintenance necessary to protect life and property.
D. "Clearing" means the removal of timber, brush, grass, ground cover, or other
vegetative matter from a site which exposes the earth's surface on the site or results in the loss of
forested areas.
E. "Clearing and Grading Permit" means the written permission of the City to the
applicant to proceed with the act of clearing, grading, filling, and /or drainage which could disturb
the land surface.
F. "Director" means the Director of Public Works or an authorized agent of the Public
Works Department.
G. "Engineer" means a professional civil engineer, licensed by and in good standing
in the State of Washington.
H. "Environmentally Sensitive Lands" include, but are not limited to, lands identified
as environmentally sensitive or critical areas by the City in accordance with the provisions of the
State Environmental Policy Act and the Growth Management Act.
I. "Erosion" means the wearing away of the land or ground surface by the action of
wind, water, ice, gravity, or any combination thereof.
J. "Filling" means the act of transporting or placing (by any manner or mechanism)
fill material from, to, or on any soil surface, natural vegetative covering of soil surface, or fill
material (including temporary stockpile of material).
K. "Grading" means any act which changes the grade or elevation of the ground
surface and for the purposes of this Chapter also includes the excavation and removal of earth
material.
L. "Land- disturbing activity" means any use of the land that results in: 1) change in
the natural cover or topography that exposes the soils or 21 may cause or contribute to erosion
or sedimentation. This does not include non - destructive vegetation trimming.
- 14 -
M. "Non- destructive vegetation trimming" means the trimming, topping, or pruning
3f trees, shrubs, or plants, which does not result in harm to the continued life and health of the
plant and does not expose the soil surface.
M.N. "Sedimentation" means the process of deposition of soil and organic particles
displaced, transported, and deposited by erosive processes.
0. "Viewshed enhancement" means the removal of trees or vegetation to enhance a
view when proposed in a ravine and marine bluff buffers. Viewshed enhancement does not
include non - destructive trimming of vegetation as defined by this Chapter.
15.28.040 - Permit Exemptions. Written permit exemptions shall be issued by the City
Engineer. The following shall be exempt from the permit requirements of this Chapter, provided
;hat the exemptions set forth in Subsections G -JF� shall not apply in situations where properties
include environmentally sensitive areas:
A. Land clearing, grading, filling, sandbagging, diking, ditching, or similar work
during or after periods of extreme weather or other emergency conditions which have created
situations such as flooding or high fire danger that present an immediate danger to life or property;
B. Land clearing necessitated by order of the City Council related to the abatement of
public nuisance, where the work is administered by the City;
C. The removal of dead trees or of diseased or damaged trees which constitute a hazard
;o life or property;
D. The clearing by a public agency or a franchised utility within a public right -of -way
Dr upon an easement, for the purpose of installing and maintaining water, storm, sewer, power,
able, or communication lines;
E. Cemetery graves;
F. Non - destructive vegetation trimming with proper removal and disposal of debris.
F7G. Land that is one acre or less, except where an adjacent area under the same
ownership or chain of ownership has been similarly exempted so that the combined area is greater
,han one acre and erosion control has not been re- established;
erl-L If a building permit is issued, no additional clearing, grading, or filling permit or
associated fee will be required; provided that the standards established in this Chapter and pursuant
hereto shall be applied to the issuance of said building permit;
FEI. Developments larger than one acre in improved areas served by paved streets,
curbs, gutters, storm drains, and other drainage facilities;
H. Work, when approved by the City Engineer, in an isolated, self - contained area, if
there is no danger to private or public property.
15.28.090 - Standards. No land - disturbing activity subject to the control of this Chapter
shall be undertaken except in accordance with the following mandatory standards:
A. Protection of property: Persons and entities conducting land - disturbing activities
shall take all reasonable measures to protect all public and private property from damage caused
Dy such activities.
B. Wetland buffer zone: No land - disturbing activity shall be permitted in an approved
wetland buffer zone, except as otherwise allowed by applicable laws and permits.
C. Graded slopes and fills: The angle for graded slopes and fills shall be no greater
- 15 -
Ian the angle which can be retained by vegetative cover or other adequate erosion control devices
3r structures.
D. Ground cover: No land - disturbing activity shall be undertaken until installation of
sufficient erosion and sediment control devices to retain the sediment generated by the activity
within the boundaries of the tract during construction upon and development of said tract.
Plantings or a permanent ground cover shall be provided immediately after completion of grading
;o sufficiently restrain erosion.
E. Use of vegetative measures: Vegetation measures using native plants shall be used
for erosion and sediment control wherever feasible, rather than structural measures such as pipes,
structures, or other devices.
F. Viewshed enhancement. In ravine and marine bluff buffers, alterations in vegetation
- overage for the purposes of viewshed enhancement may be approved, so long as such alterations:
(a) will not increase geological hazards such as erosion potential, landslide potential,
Dr seismic hazard potential;
(b) will not adversely affect significant fish and wildlife habitat areas; and
(c) will revegetate disturbed land to reduce erosion and landslide potential.
FAG. Environmentally sensitive areas: Construction within environmentally sensitive
areas shall be in compliance with Chapter 15.20 PAMC Environmentally Sensitive Areas
Protection Ordinance and shall be subject to the review of the Planning Director.
Section 4. Ordinances 1709, 2103, 2109, 2797, and 2293, as amended, and Chapters 17.08,
17.15, 17.17, 17.20, 17.21,17.22, 17.23 and 17.96 of the Port Angeles Municipal Code are hereby
amended by amending PAMC 17.08.105, 17.15.040, 17.17.040, 17.20.160, 17.21.160, 17.22.160,
17.23.040 and 17.96.060 and adding PAMC 17.08.115 to read as follows:
17.08.105 - "U"
A. Unclassified Use Permit - a limited permission to locate a particular unusual, large -
scale, unique or special use at a particular location, which limited permission is required to modify
the controls stipulated by these Regulations in such degree as to assure that the particular use shall
not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive
Plan, and shall not be contrary to the public interest. (Ord. 2861 §1 (part), 3/17/95)
B. Unclassified Use - a use which is not permitted in any zone and which requires a
special degree of control to make such use consistent and compatible with other existing or
permissible uses in the same zone. (Ord. 2861 §1 (part), 3/17/95)
C. Use - the purpose or activity for which the land, or building thereof, is designed,
arranged or intended, or for which it is occupied or maintained and shall include any manner of
performance of such activity with respect to the performance standards of these Zoning Regulations.
(Ord. 2861 §1 (part), 3/17/95; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
D. Use, Principal - the main use of land or buildings as distinguished from
a subordinate or accessory use. (Ord. 2861 §1 (part), 3/17/95; Ord. 2652 §1 (part), 9/27/91; Ord.
1709 §1 (part), 12/22/70)
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E. Utility Building or Structure - an installation to provide utility service, including
wireless communication facilities to which the structure height is equal or less than the maximum
building height of the zone in which it will be located. (Ord. 2861 §1 (part), 3/17/95; Ord. 2652 §1
part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
17.08.115 - "W"
Wireless Communication Facilities (WCFs) - an unstaffed facility for the transmission and/or
-eception ofwireless telecommunications services, including support structures, antennas, accessory
quipment, and appurtenances, used to transmit, receive, distribute, provide, or offer personal
wireless communication services. WCFs include but are not limited to antennas, poles, towers,
ables, wires conduits, ducts, pedestals, vaults, buildings, and electronic and switching equipment.
17.15.040 Conditional Uses.
A. Art galleries and museums.
B. Assisted living facilities.
C. Child day -care centers and pre - schools.
D. Churches.
E. Golf courses.
F. Group Homes and hospices.
C. I Iospitals.
1±G. Libraries.
I. Motcls.
J-11. Nursing and convalescent homes.
ICI. Public and private schools.
fJ. Public parks and recreation facilities.
MK. Residential care facilities.
N-L. Social service agencies providing 24 -hour residential care.
O:M. Utility buildings and structures.
P-N. Other uses compatible with the intent of this Chapter. (Ord. 2956 §3, 4/25/97; Ord.
2948 §5 9part), 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2796 §6, 2/11/94; Ord. 2668 §3 (part),
1/17/92; Ord. 2666 §3 (part), 1/17/92; Ord. 2652 §6 (part), 9/27/91; Ord. 2636 §9 (part), 5/15/91;
Ord. 2535 §1, 5/24/89; Ord. 2397 §1 (part), 6/16/86; Ord. 1709 §1 (part), 12/22/70)
17.17.040 Development Standards. All Home Occupations shall comply with the following
development standards:
A. There shall be no exterior display, no exterior sign, no exterior storage of materials
not including commercial vehicles), and no other indication or appearance of a business that would
detract from the residential character of the area.
B. If the operation is the type where customers or clients come to the home, the Planning
Director shall determine the number of visitations per day that is compatible with the area.
C. If customers or clients visit the home, the hours of operation shall be from 9:00 AM
o 5:00 PM, unless otherwise specified by the Planning Director.
D. If the operation is the type in which classes are held or instruction given, the Planning
Director shall determine the number of students per day that is compatible with the area.
E. Employees working on the premises shall be limited to members of the family
- 17-
residing in the dwelling unit, unless otherwise specified by the Planning Director; PROVIDED that
the number of non - family employees shall not exceed one.
F. On- premise retail sale of goods not produced, processed or fabricated in the dwelling
unit shall not be permitted.
G. Home Occupations shall be conducted in whole or in part in the dwelling unit but not
in an accessory building unless otherwise specified by the Planning Director; PROVIDED that the
dwelling unit and accessory building in which the Home Occupation is conducted shall occur on the
same parcel. (Ord. 2861 §1 (part), 3/17/95; Ord. 2595 §4, 6/27/90; Ord. 2265 §3, 9/19/83; Ord.
2103 §7, 10/18/80)
H. The number of off - street parking spaces shall be determined by the Planning Director.
Any improvements to the parking area shall be determined by the City Engineer in accordance with
Chapter 14.40 PAMC whereby said improvements shall be completed within two years of the date
pf approval.
17.20.160 Conditional Uses.
A.
B.
C.
D.
FEE.
F.
G.
H.
I.
J.
K.
1€L,
EM.
1N.
WO,
N P.
the RHD zone
072
PR.
Ord. 2948 §5
9/27/91; Ord.
17.21.
A.
B.
C.
D.
DE.
£~F.
F G.
Art galleries and museums.
Assisted living facilities.
Beauty shops and barber shops.
Business colleges; music, art, and dance schools.
Businesses selling medical supplies, goods, instruments, medicine and similar items.
Chemical dependency treatment centers.
Churches.
Detoxification centers.
Group homes and hospices.
Libraries.
Motels.
Nursing and convalescent homes.
Off - street parking lots not associated with a permitted use on the same site.
Public parks and recreation facilities.
Residential care facilities.
Residential uses, other than detached single family residences, that are permitted in
and comply with the RHD area and dimensional requirements.
Utility buildings and structures.
Other uses compatible with the intent of this Chapter. (Ord. 3007 §5 (part), 1 /15/99;
(part), 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2702 §1, 8/14/92; Ord. 2652 §8,
2635 §5, 5/15/91; Ord. 2278 §1, 12/26/83; Ord. 2109 §5, 12/7/80)
160 Conditional Uses.
Churches
Fire Stations.
Gasoline service islands, accessory to convenience or grocery stores.
Motels.
Off - street parking lots.
Self- service car washes.
Social clubs and fraternal organizations.
- 18-
&H. Utility buildings and structures.
1471. Other uses compatible with the intent of this Chapter. (Ord. 2861 §1 (part), 3/17/95;
Ord. 2797 §3, 2/11/94)
17.22.160 Conditional Uses.
A. Fire Stations.
B. Frozen food or cold storage lockers.
C. Motels.
ED. Off - street parking lots.
D E. Self - service car washes.
fF. Social clubs and fraternal organizations.
FG. Utility buildings and structures.
€ . Other uses compatible with the intent of this Chapter. (Ord. 2861 §1 (part), 3/ 17/95;
Ord. 2797 §4, 2/11/94)
17.23.040 Permitted Uses:
A. Retail:
1. Auto supply stores, service stations, self - service gas islands, and tire shops.
2. New and used dealerships of automobiles, trucks, trailers, motorcycles,
recreational vehicles, tractors, boats, including related sales, leasing, and servicing.
3. Building material stores, cabinet shops, glass stores, hardware stores, lumber
yards, paint stores, and plumbing supply stores.
4. Businesses selling medical supplies, goods, instruments, medicine, and similar
items.
5. Chain saw sales and service stores.
6. Commercial recreation establishments, such as bowling alleys, theaters
',movie and others), skating rinks, driving ranges, putt -putt golf courses, and video arcades.
7. Farm equipment stores, garden supply stores, nurseries.
8. Food and beverage establishments, such as cocktail lounges, cafes, cafeterias,
irive-in restaurants, restaurants, take -out lunch stands, and taverns; provided that drive -in
restaurants, restaurants with cocktail lounges, and taverns, all of which have direct customer access
:o an alley abutting residentially zoned property, shall be conditional uses.
9. Food item retail sales outlets, such as bakery shops, candy and ice cream
stores, delicatessens, fruit and vegetable stands, grocery stores, liquor stores, meat and fish markets,
and supermarkets.
10. General merchandise stores, such as catalogue sales stores, clothing and shoe
stores, department stores, drug stores, second -hand stores, antique stores, pawn shops, sporting
goods stores, and variety stores.
11. Household furnishings stores, such as appliance stores, furniture stores, office
equipment stores, and stereo stores.
12. Motels, hotels and hostels.
13. Specialty shops, such as bicycle, book, computer, florist, gift, hobby, toy, pet
stores, video rental.
14. Shopping centers, not exceeding 100,000 square feet in building floor area.
- 19-
B. Services:
1. Art, dance, voice, and music schools.
2. Art galleries and museums.
3. Business colleges and trade schools.
4. Business and professional offices.
5. Business services offices, such as accounting, tax, employment, and
management consulting services.
6. Chemical dependency treatment centers.
7.67 Child day -care centers and pre - schools.
8.7 Churches.
9.87 Detoxification centers.
10.9: Equipment rental stores.
11.E Financial services offices, such as bail bond stores, banks, financial
institutions, insurance companies, real estate services, stock brokerages, and title companies.
12.-1±: Furnishings repair shops, such as upholstering and reupholstering shops.
13.-1-27 Governmental and social service agency offices.
14.E Laundries, commercial, dry cleaning shops, laundries, self - service and tailor
shops.
15.+ Libraries.
16.+5- Medical /dental offices and clinics and laboratories.
17.+6: Personal services facilities, such as barber shops, beauty shops, exercise and
reducing studios, and travel agencies.
18.477 Printing, blueprinting, photo developing and reproduction, and sign shops.
19.E Public parks and recreation facilities.
20.E Repair services shops, such as appliance repair, shoe repair, and TV and
stereo repair services.
C. Institutional:
1. Clubs and lodges.
D. Residential:
1. Residential uses that are permitted in the RHD zone and comply with the
RHD area and dimensional requirements.
E. Transportation and Communication:
1. Convention centers, auditoriums.
2. Ferry, seaplane, airplane, and helicopter facilities.
3. Mass transit terminals.
4. Parcel delivery service terminals.
5. Radio stations, TV stations, and newspaper buildings.
6. Vehicular services buildings, such as ambulance service, automotive and truck
-entals, and vehicle maintenance and repair shops, not including auto body and paint shops and auto
engine repair shops.
F. Wholesale:
1. Storage services buildings, such as frozen food and cold storage lockers, mini -
warehouses, transfer, moving and storage facilities.
2. Warehouse buildings and yards.
3. Wholesale stores.
- 20 -
G. Mixed Commercial /Residential Developments. (Ord. 3007 §5 (part), 1/15/99; Ord.
2861 §1 (part), 3/17/97; Ord. 2742 §1, 1/29/93; Ord. 2652 §12, 9/27/91; Ord. 2636 §6 (part),
5/15/91; Ord. 2591 §1, 5/25/90; Ord. 2293 §1 (part), 4/4/84.)
17.96.060 Unclassified Use Permit.
A. The Planning Commission shall consider applications for Unclassified Use Permits
Df uses possessing characteristics of such unusual, large - scale, unique or special form as to make
impractical including them in any zone of classified uses. The Planning Commission may grant said
permits which are consistent and compatible with the purpose of the zone in which the use is
located, consistent with the Comprehensive Plan, and not contrary to the public use and interest.
The Planning Commission may refuse to issue an Unclassified Use Permit if the characteristics of
the intended use as related to the specific proposed site are such as would defeat the purpose of these
Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions.
B. In each application the Planning Commission may impose whatever restrictions or
condition it considers essential to protect the public health, safety, and welfare, and to prevent
3epreciation of neighboring property.
C. Purpose of an Unclassified Use Permit: The purpose of an Unclassified Use Permit
shall be to assure that the maximum degree of compatibility between uses shall be attained. The
purpose of these regulations shall be maintained with respect to the particular use of the particular
site and in consideration of other existing and potential uses within the general area in which such
use is to be located.
D. The following uses require an Unclassified Use Permit:
1. -172. Correctional facilities.
2-3. Gun clubs, skeet shoots, target ranges, and firing ranges.
3:4. Hydroelectric dams.
4-5. Oil ports (facilities which will result in the receipt of more than an average
Df 50,000 barrels per day of crude or refined petroleum which has been or will be transferred over
marine waters).
576. Petroleum refineries, liquefied natural gas and liquefied petroleum gas
facilities, energy facilities, energy plants and their associated facilities and associated transmission
facilities such as defined in Chapter 80.50RCW.
6:7. Processing and rendering of animal byproducts.
778. Quarrying and mining.
$:9. Refuse disposal sites, dumps, sanitary landfills, and incinerators.
9710. Removal and processing of sand, gravel, rock, peat, black soil, and other
natural deposits.
X11. Transfer stations for refuse and garbage.
12. Wireless communication support structures that exceed the maximum building
height specified by the particular zone.
-1-1-13. Other uses possessing characteristics of such unusual, large- scale, unique or
special form as to make impractical including them in any zone of classified uses. (Ord. 2861 §1
part), 3/17/95)
-21 -
Section 5. Ordinances 2103, 2483, and 2471, as amended, and Title 17 of the Port Angeles
Municipal Code are hereby amended by amending the titles of Chapters 17.17, 17.18, and 17.26
PAMC to read as follows:
Chapter 17.17
HO - HOME OCCUPATIONS PERMIT
CHAPTER 17.18
BED AND BREAKFAST PERMIT
Chapter 17.26
RS - RETAIL STAND PERMIT
Section 6. Ordinance 2911 as amended and Chapter 18.02 of the Port Angeles Municipal
Code are hereby amended by amending PAMC 18.02.070, 18.020.080, and 18.02.120 to read as
follows:
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
pr part of 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
;hall 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
:he 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
- 22 -
decisions made as of the date of the report on all related permits for the project. If a threshold
determination other than a determination of significance has not been issued previously by the
City, the report shall include or append this determination.
D. Combined Meeting or Hearing With Other Agency.
1. Meetings or hearings on any project permit may be combined with any
meeting or hearing held by another local, state, regional, federal, or other agency, provided that
the meeting or hearing is held within the geographic boundary of the City.
schedule in the event that additional time is needed in order to combine the hearings.
2. Hearings shall be combined if requested by an applicant, as long as the joint
nearing can be held within the time period specified in this Chapter or the applicant agrees to the
E. Threshold Determination Appeals. Except for the appeal of a determination of
significance as provided in RCW 43.21C.075 and WAC 197 -11 -680, appeals of other threshold
determinations shall be submitted prior to and combined with any predecision open record public
'searing, if one is provided for the development application involved or combined with an appeal
pf the underlying project decision per PAMC 18.02.120.
F. Notice of Decision. A notice of decision, which may be a copy of the report or
decision on the project permit application, shall be provided to the applicant and to any person
who, prior to the rendering of the decision, requested notice of the decision or submitted
substantive comments on the application. The notice of decision shall be consistent with Chapter
36.70B RCW and shall include a statement of any threshold determination made under Chapter
43.21C RCW and Chapter 197 -11 WAC and the procedures for administrative appeal, if any. For
non- administrative approvals, notice of the decision shall be published in the City' s officially
designated newspaper. (Ord. 2911 §1, 3/29/96)
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
Ind 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 threshold determination of significanee, the City may not issue
• a decision or a recommendation on a development application
intil the expiration of the public comment period on the notice of application.
2. If a public hearing is required and the City's threshold determination
-equires public notice under Chapter 43.21C RCW, and Chapter 197 -11 WAC, the City shall issue
[ts threshold determination at least 15 days prior to the public hearing or shall comply with
procedures under WAC 197 -11 -355, Optional DNS process.
3. Comments shall be as specific as possible. (Ord. 2911 §1, 3/29/96)
- 23 -
18.02.120 - Administrative Appeals.
A. If an administrative appeal of the project decision is provided by ordinance,
zombined with any environmental determinations, 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.
The City shall extend the appeal period for an additional seven days, if state or local rules adopted
pursuant to Chapter 43.21C RCW allow public comments on a determination of nonsignificance
issued as part of the appealable project permit decision.
B. The time period for considering administrative appeals of project permits shall not
axceed:
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. (Ord. 2911 §1, 3/29/96)
Section 7 - Severability. If any provisions of this Ordinance, or its application to any person
pr circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions
pf the Ordinance to other persons or circumstances, is not affected.
Section 8 - 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
zeld on the 5TH day of December, 2000.
ATTEST:
APPROVED AS TO FORM:
�raig Knut t , City Attorney
?UBLISHIED: DECEMBER 10, 2000
By Summary
':\( :.^.DINANCES &RESOLUTIONS\2000 -1 A.ord.wpd
- 24 -
Summaries of Ordinances Adopted by the
Port Angeles City Council
on December 5, 2000
Ordinance No. 3070
This Ordinance of the City of Port Angeles revises the budget for the fiscal year
ending December 31, 2000, adopts the budget for the fiscal year ending December
31, 2001, provides for a cost of living increase for certain city employees, and
amends Ordinance 3040.
Ordinance No. 3071
This Ordinance of the City of Port Angeles amends the City's land use
development regulations to be consistent with other City ordinance provisions and
recent changes in State law, amends the Environmental Policy Ordinance to
standardize time lines, amends the Clearing and Grading and Environmentally
Sensitive Areas Protection Ordinances to exempt non - destructive vegetation
trimming and to provide standards for viewshed enhancement, amends the Zoning
Code by changing or specifying the zones in which motels, hospitals, and
chemical dependency treatment centers are considered as conditional and
permitted uses and by providing for aquaculture and excessively high wireless
communication support structures to be considered as unclassified uses, and
amends Ordinances 1886, 2656, 2734, 1709, 2103, 2109, 2797, 2293, and 2911,
as amended, and Chapters 15.04, 15.20, 15.28, 17.08, 17.15, 17.17, 17.20, 17.21,
17.22, 17.23, 17.96, and 18.02 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 shall take effect five days after the date of publication of these summaries.
Becky J. Upton
City Clerk
Publish: December 10, 2000