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HomeMy WebLinkAboutMinutes 08/27/1997 . . . HEARING DEVICES ARE AVAILABLE FOR THOSE NEEDING ASSISTANCE. ~i'ORT.q~ ..I,~~ ~ -- ........r....;::/~ C,ilni ~d' f1 1'C.-~ 'ft. r~r - AGENDA CITY OF PORT ANGELES PLANNING COMMISSION 321 East Fifth Street Port Angeles, W A 98362 August 27, 1997 7:00 p.m. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES: Meeting of July 23, 1997 IV. PUBLIC HEARINGS: 1. SHORELINE SUBBT ANTIAL DEVELOPMENT PERMIT - SMA9~ - CITY OF PORT ANGELES - Peabody Street: Request for a permit to allow a wet/detention pond for storm drainage in the PBP, Public Buildings and Parks zone. (Continued from July 23, 1997.) 2. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 97- O_6~_UBLETREE INNS- 221 North Linc.oJn: Request for a permit to reconfigure a roof-mounted sign with a smaner roof-mounted sign in the CA, Commercial Arterial zone in the shoreline area. (Continued from August 13, 1997.) 3. SHORELINE SUBST ANTIALllEVELOPMENT PERMIT - SMA 97- ~O - PORT OF PORT ANGELES--=-..Along the seaw.all between "A" and "en Stre.e.ts (extended): Request for a permit to allow the installation of a row of ecology blocks along the seawall to prevent bark debris from entering the water. (Continued from August 13, 1997.) 4. SRORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMAJ)-1:: 11 - PORT OF PORT ANGELES - Mouth of Tumwater Creek: Request for a permit to allow dredging at the mouth of Tumwater Creek to deepen the berth at Terminal No.3. PLANNING COMMISSION: Tim German, ( Cliair), Dean Reed (Vice), Bob King, Cindy Souders. Linda Nul1er, Mary Craver, Martie Lucas. STAFF: BJad Collins. Director, Sue Roberds Planning Specialist, David Sawyer, Senior Planner. . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 August 27,1997 7:00 p.m. ROLL CALL Members Present: Linda Nutter, Dean Reed, Bob King, Cindy Souders Member Absent: Mary Craver, Tim German, and one vacancy Staff Present: David Sawyer, Sue Roberds Public Present: Ken Sweeney, Jerry Austin, Sarah Kidder, Jeff Well, Ed Tuttle APPROVAL OF MINUTES Approval of the minutes was moved to the last item on the agenda. PUBLIC HEARINGS: SHOREIJNE SJIUSTANTIAL DEVELO~NT PERMIT- SMA 97-07 - CITY OF PORT ANGELES~.ab.o_dY--Str-e_et Request for a pennit to allow a wet/detention pond for storm drainage in the PBP, Public Buildings and Parks zone. (Continued from July 23, 1997.) Senior Planner David Sawyer reviewed the Planning Department's report recommending approval of the substantial development permit. Vice Chair Reed opened the public hearing. Jerry Austin, 1305 East First Street, stated that as the owner of the property directly to the east of the proposed development, he is in favor of approval of the permit as requested. There being no further comments, Vice Chair closed the public hearing. Commissioner Souders moved to approve the permit as requested with the following conditions, and citing the following findings and conclusions: C.fmdjtiImSJJf-appliJY~L 1. Ifthe subject site has not been previously inventoried, evaluated, and reviewed to the satisfaction ofthe Lower Elwha Klallam Tribe, the subject site shall be evaluated by a cultural review team which shall include a professional archaeologist, a representative of the Lower Elwha Klallam Tribe, the site owner, and the City Planning Department. This team shall determine the extent of excavation monitoring for the project during the permit review process. As an alternative, the applicant may . . . Planning Commission Minutes - August 27,1997 Pagel volunteer to have an approved archaeologist on site during any excavation in lieu of a review by the aforementioned cultural team. If during an excavation that by decision of the cultural review team occurs without an approved archaeologist on-site, any phenomena of possible archaeological interest are uncovered, the developer shall stop such work and provide for a site inspection and evaluation by a professional archaeologist to ensure that all possible valuable archaeological data is properly salvaged. 2. The project shall comply with all regulations of the City's Shoreline Master Program specifically those of Chapters 4, 5, 6, and 7. 3. The proposed project shall meet all federal, state, and local requirements, including requirements of the Army Corps of Engineers, and the City's Environmentally Sensitive Areas Protection and Wetlands Protection Ordinances. 4. The project shall utilize best management practices as identified in the City of Port Angeles Stonnwater Management Plan to control stonnwater runoff into the shoreline area. 5. The project shall comply with all required conditions of Department of Fisheries Hydraulic Permit #OO-B8295-02 included in the August 13, 1997 Staff Report for SMA 97-07. 6. Construction pursuant to this shoreline substantial development permit shall not begin until 21 days from the "date of filing" as defined in RCW 90.58.140. Findings: Based on the information provided in the August 13, 1997, Staff Report for SMA 97-07 (including all of its attachments), comments and information presented during the public hearing, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, the City of Port Angeles applied for a Shoreline Substantial Development Permit on May 8, 1997 and the application was determined complete on May 16, 1997 (Attachment A of the Staff Report for SMA 97-07). 2. A Determination of Non-Significance and Adoption of Existing Environmental Docwnent was issued by the City of Port Angeles SEP A Responsible Official for the proposal on June 26, 1997 and is attached to the August 13, 1997 Staff Report for SMA 97-07 as Attachment B. 3. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 4. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. . . . Planning Commission Minutes - August 27, /997 Page 3 5. The site is designated Open Space in the City's Comprehensive Plan, Industrial-Light in the City's Zoning Ordinance, and Urban-Harbor in the City's Shoreline Master Program. 6. Chapter 5 of the City's Shoreline Master Program indicates shoreline modification as a permitted activity in the U-H designation. 7. The City's waterfront trail and main industrial waterline runs parallel and to the north ofthe site. 8. The proposed activity is subject to the conditions of approval of Department of Fisheries Hydraulic Permit #OO-B8295-02 (please see the August 13, 1997 Staff Report for SMA 97-07 Attachment A). 9. The Planning Department received comment letters from the Department of Ecology requesting additional design information and from the Department of the Army indicating no further permits from the Corp of Engineers would be necessary (please see the August 13, 1997 Staff Report for SMA 97-07 Attachment F). 10. Since receipt of the Corp's letter, it has been determined the proposed work will extend into the existing wetland area. 11. During the public comment period the Planning Department received a letter in support of the project from Thelma M, Hetrick, 321 E. 5th Street (please see the August 13, 1997 Staff Report for SMA 97-07 Attachment G). 12. The proposed project will result in an enlargement of the existing wetland to approximately twice its current size. 13. Nancy McHenry, a wetlands expert recognized by the City, has indicated she does not believe the proposed project will have a significant negative impact on the adjacent wetland due to the characteristics of the natural soil of the site. 14, A City of Port Angeles Wetlands Permit is required for the proposed project. 15. The proposal does include the disturbance of soil including the removal of soil down to the 8' elevation contour. Ccm.c.l1lskms.:. Based on the information provided in the August 13, 1997 Staff Report for SMA 97-07 including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and findings, the City of Port Angeles Planning Commission hereby concludes that: A. The following adopted City policies are most relevant to the proposed project, Comprehensive Plan Land Use Element Policy A-2, I-I, 2 and 4, and Conservation . . . Planning Commission Minutes - August 27, 1997 Page 4 Element Policy B-2, 7, 8, 10 and 12, D-3, 4 and 8, the City's Industrial, Light Zone, and the City's Shoreline Master Program's Urban-Harbor Designation and Chapter 4, Policies B-1 and 2, D-l, J-2, and N-l and 2, Chapter 7, Policies B-2, 3 and 5, and D-2, 3 and 5 and all associated regulations. B. The proposed project as conditioned, is consistent with the following adopted City policies, Comprehensive Plan Land Use Element Policy A-2, I-I, 2 and 4, and Conservation Element Policy B-2, 7, 8, 10 and 12, D-3, 4 and 8, the City's Industrial, Light Zone, and the City's Shoreline Master Program's Urban-Harbor Designation and Chapter 4, Policies B-1 and 2, D-I, J-2, and N-I and 2, Chapter 7, Policies B-2, 3 and 5, and D-2, 3 and 5 and all associated regulations. C. The project will be beneficial to the shoreline. D. The proposed project will not interfere with the public use oflands or waters subject to the public trust doctrine. The motion was seconded by Commissioner Nutter and passed 4 - O. SHORELINE SUBSTANTIAL DEWWPMENT PERMIT - SMA 97- 09 - DOllBLE TREE INNS. 221 North Linc.oln: Request for a pennit to reconfigure a roof-mounted sign with a smaller roof-mounted sign in the CA, Commercial Arterial zone in the shoreline area. (Continued from August 13, 1997.) Senior Planner David Sawyer reviewed the Planning Department's report recommending approval ofthe permit. Vice Chair Reed opened the public hearing, Jeff Will, Rainbow Signs, 153 James Page Road, Port Angeles, agreed with the Planning Department's report and asked that the substantial development pennit be approved as it is aesthetically more pleasing than the previous sign and considerably smaller in area and impact. There being no further comment, Vice Chair Reed closed the public hearing. Commissioner King moved to approve the substantial development pennit subject to the following condition and citing the following findings and conclusions: Condition.ntApproval:.. 1. The existing legal nonconforming sign may be reconfigured provided that it is not enlarged, intensified, increased, or altered in any way which increases its degree of nonconformity . Eindings.:.. . Based on the information provided in the August 13, 1997 Staff Report for SMA 97-09 . . . Planning Commission Minllles -August 27,1997 Page 5 (including all of its attachments), comments and infonnation presented during the public hearing, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, Double Tree Hotel applied for a Shoreline Substantial Development Permit on June 10, 1997, the application was determined complete on June 20, 1997 (See the August 13, 1997 Staff Report for SMA 97-09). 2. A Detemllnation of Non-Significance (#740) was issued by the City of Port Angeles SEP A Responsible Official for the proposal on August 8, 1997 and is attached to the August 13, 1997 Staff Report for SMA 97-09. 3. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 4. The hotel and original sign was built in 1968. 5. The City of Port Angeles adopted its Zoning Code in 1971. 6. Section 17.95.030 of the Port Angeles Zoning Code states "An existing legal building or structure that does not comply with zoning and building code requirements shall not be enlarged or extended, if such enlargement or extension results in an increase in the degree of non-compliance." 7. The City of Port Angeles first adopted a Shoreline Master Program in 1979. 8, WAC 173-14-055 states "nonconforming development and may be continued provided that it is not enlarged, intensified, increased, or altered in any way which increases its nonconformity." 9. The original sign was 130' in length and the reconfigured sign is 641 in length. Conclw.ions: Based on the information provided in the August 13, 1997 Staff Report for SMA 97-09 including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and findings, the City of Port Angeles Planning Commission hereby concludes that: A. The original sign is a legal nonconforming structure. B. The proposed reconfiguration does not enlarge, intensity. increase, or alter the original sign in any way that results in an increase in the degree of its nonconformity. c. The project will not be detrimental to the shoreline. D. The proposed project will not interfere with the public use of lands or waters subject . . . Planning Commission Minutes. August 27, ]997 Page 6 to the public trust doctrine. The motion was seconded by Commissioner Nutter and passed 4 - O. The Commission took a break at 7:35 p.m. The meeting reconvened at 7:45 p.m. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 97- lO-=....FO.RT OF PO..RI.ANGELES~n~ealfllllJ'-etween "A" and ~~r.e_ets_.(e.xtended): Request for a permit to allow the installation of a row of ecology blocks along the seawall to prevent bark debris from entering the water. (Continued from August 13, 1997.) Senior Planner David Sawyer reviewed the Planning Department's report recommending approval of the substantial development permit subject to conditions and confirmed the location of the subject area as beingh north of the boathaven along the sea wall area. Vice Chair opened the public hearing. Ken Sweeney, Planning and Eltvironmental Manager for the Port of Port Angeles, 338 West First Street, agreed with the Planning Department's report and noted that the work is a result of a need to rebuild log slide No.5 in the Harbor area nd is a result of mitigation measures imposed on that development by the Department of Fisheries. The ecology blocks that will be used measure 2' x 2' X 6' in size each. A 1926 Corps of Engineers map of the area indicates that the area was underwater during that time period with the shoreline area being much further south at Second Street. There being no further testimony, Vice Chair closed the public hearing. Commissioner Nutter moved to approve the substantial development permit as proposed with the following conditions, and citing the following findings and conclusions: Cmulilions of Approval:. 1. If the subject site has not been previously inventoried, evaluated, and reviewed to the satisfaction of the Lower Elwha Klallam Tribe, the subject site shall be evaluated by a cultural review team which shall include a professional archaeologist, a representative of the Lower Elwha KlalIam Tribe, the site owner, and the City Planning Department. This team shall detenniue the extent of excavation monitoring for the project during the permit review process. As an alternative, the applicant may volunteer to have an approved archaeologist on site during any excavation in lieu of a review by the aforementioned cultural team. If during an excavation that by decision ofthe cultural review team occurs without an approved archaeologist ou- site, any phenomena of possible archaeological interest are uncovered, the developer shall stop such work and provide for a site inspection and evaluation by a professional archaeologist to ensure that all possible valuable archaeological data is properly salvaged. 2. The project shall comply with all regulations of the City's Shoreline Master Program specifically those of Chapters 4,5,6 and 7. . . . Planning Commission Minules -August 27,1997 Page 7 3_ The proposed project shall meet all federal, state, and local requirements, including the City's Environmentally Sensitive Areas Protection Area Ordinance. 4. The project shall utilize best management practices as identified in the City of Port Angeles Storrnwater Management Plan to control stonnwater runoff into the shoreline area. 5. The project shall comply with all required conditions of Department of Fisheries Hydraulic Permit # 00-B8237-04 included in the August 13, 1997 Staff Report for SMA 97-10 Attachment A. 6. Construction pursuant to this shoreline substantial development pennit shall not begin until 21 days from the "date of filing" as defined in RCW 90.58.140. Eindjn~ Based on the information provided in the August 13, 1997 Staff Report for SMA 97-10 (including all of its attachments), comments and information presented during the public hearing, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, the Port of Port Angeles applied for a Shoreline Substantial Development Permit on June 18, 1997 and the application was determined complete on June 18, 1997 (Please see the August 13, 1997 Staff Report for SMA 97-10). 2. A Determination of Non-Significance and Adoption of Existing Environmental Document was issued by the Port of Port Angeles SEP A Responsible Official for the proposal on June 17, 1997 and is attached to the August 13, 1997 Staff Report for SMA 97-10. 3. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 4. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. 5. The site is designated Industrial in the City's Comprehensive Plan, Industrial-Heavy in the City's Zoning Ordinance, and Urban-Harbor in the City's Shoreline Master Program. 6. Chapter 5 of the City's Shoreline Master Program indicates a revetment is a permitted activity in the U-H designation. 7. The City's waterfront trail runs along Marine Drive approximately 800 feet away from the subject site, 8. The proposed installation of ecology block is a required mitigation measure of Department of Fisheries Hydraulic Permit # 00-B8237-04 (August 13, 1997 Staff . . . Planning Commission Minutes - AugttSI 27, 1997 Page 8 Report for SMA 97-10). 9. The revetment serves the existing log yard facility. CJJl1.c1lill.OJJs":,, Based on the information provided in the August 13, 1997 Staff Report for SMA 97-10 including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and findings, the City of Port Angeles Planning Commission hereby concludes that: A. The following adopted City policies are most relevant to the proposed project, Comprehensive Plan Land Use Element Policy A-2, Conservation Element Policy D-3, 4 and 8, and Economic Development Element Policy A-3, the City's Industrial, Heavy zone, and the City's Shoreline Master Program's Urban-Harbor designation and Chapter 4, Policies B-1 and 2, D-l, J-2, and N-l and 2, Chapter 5, Policy D-l, Chapter 7, Policies F-l, 2 and 3, and all associated regulations. B. The proposed project as conditioned, is consistent with the following adopted City policies, Comprehensive Plan Land Use Element Policy A-2, Conservation Element Policy D-3, 4 and 8, and Economic Development Element Policy A-3, the City's Industrial, Heavy zone, and the City's Shoreline Master Program's Urban-Harbor designation and Chapter 4, Policies B-1 and 2, D-l, J-2, and N-l and 2, Chapter 5, Policy D-l, Chapter 7, Policies F-l, 2 and 3, and all associated regulations. C. The project will be beneficial to the shoreline. D. The proposed project will not interfere with the public use of lands or waters subject to the public trust doctrine. The motion was seconded by Commissioner Souders and passed 4 - O. SHOREI,INE SlJBST ANTI AI , DEVRL~SMA 97- 11 - POJ.IT...OF PORT ANGEI,ES - Mouth of Tumwater Creek: Request for a permit to allow dredging at the mouth of Tumwater Creek to deepen the berth at Terminal No.3. Senior Planner David Sawyer reviewed the Planning Department's report recommending approval of the substantial development permit as proposed with conditions. Vice Chair opened the public hearing. Ken Sweeney, Port of Port Angeles Planning and Environmental Manager, 338 West First Street, agreed with the staffs report and asked that the permit be approved. The Port has wanted to clean up this area for some time as the silt, sand, and gravel accumulations, which are the result of normal activities at the mouth of the creek, have been a concern for some time. Deep water disposal of the dredged material is expensive and the regulations are onerous. With the ability to place the dredged material in the K-Ply log pond fill area, the . . . Planning Commission Minutes -August 27,1997 Page 9 expense is greatly reduced and the dredging project is do-able. Lab analysis of the dredge material indicates that it is 99% sand and gravel with no silt present so it can be used for fill at the log pond site. There being no further comments, Vice Chair Reed closed the public hearing. Commissioner Souders moved to approve the substantial development permit as proposed with the following conditions, and citing the following findings and conclusions; CillJ.dititJn.ulf Avvroval .., .....1; 1. If the subject site has not been previously inventoried, evaluated, and reviewed to the satisfaction of the Lower Elwha S'Klallam Tribe, the subject site shall be evaluated by a cultural review team which shall include a professional archaeologist, a representative of the Lower Elwha S'Klallam Tribe, the site owner, and the City Planning Department. This team shall determine the extent of excavation monitoring for the project during the permit review process. As an alternative, the applicant may volunteer to have an approved archaeologist on site during any excavation in lieu of a review by the aforementioned cultural team. If during an excavation that by decision of the cultural review team occurs without an approved archaeologist on-site, any phenomena of possible archaeological interest are uncovered, the developer shall stop such work and provide for a site inspection and evaluation by a professional archaeologist to ensure that all possible valuable archaeological data is properly salvaged. 2. The project shall comply with the regulations of the City's Shoreline Master Program specifically those of Chapters 4, 5 and 6. 3. The proposed project shall meet all federal, state, and local requirements, including the City's Environmentally Sensitive Areas Protection Area Ordinance and the requirements of Department of Fisheries Hydraulic Project Approval (#OO-C9803- 02). 4. Activities pursuant to this shoreline substantial development permit shall not begin until 21 days from the "date of filing" as defined in RCW 90.58.140. Eimlin~ Based on the information provided in the staff report for SMA 97-11 dated August 27, 1997 (including all of its attachments), comments and infonnation presented during the public hearing, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, the Port of Port Angeles applied for a Shoreline Substantial Development Permit on March 24, 1997, and the application was determined complete on March 28, 1997, (please see Staff Report for SMA 97-11 dated August 27, 1997). 2. The proposal is to lengthen marine tenninaI #1 by approximately 210 feet with a 32' . . . Planning Commission Minutes - August 27, /997 Page 10 wide extension ofthe existing pier along with the installation of six gr by 8' mooring dolphins along the existing pier. 3. A Determination of Non-Significance was issued by the Port of Port Angeles SEP A Responsible Official for the proposal on March 14, 1997. 4, The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 5. The Port Angeles Shoreline Master Program, Comprehensive Plan, and Zoning Ordinance have been reviewed with respect to this application. 6. The site is designated Industrial in the City's Comprehensive Plan, Heavy Industrial in the City's Zoning Ordinance, and Aquatic-Harbor in the City's Shoreline Master Program. 7. Marinas and freight tenninal facilities are considered water-dependent industrial uses and are permitted uses in the Aquatic-Harbor designation. 8. The nearest residents are over 100 feet south ofthe site and are atop a marine bluff which is over 100 feet above sea level. Conclusions' Based on the information provided in the Staff Report for SMA 97-11 dated August 27, 1997, including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and findings, the City of Port Angeles Planning Commission hereby concludes that: A. The following adopted City policies are most relevant to the proposed project, Comprehensive Plan Land Use Element Policy A-2, Conservation Element Policies B~ 1 and D-7, and Economic Development Element Policy A-4, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policies B-1 and 2, D-l, H-l and 4, J-2, K-l, 2 and 4, and N-l, Chapter 5, Policies F-5, and all associated regulations, B. As conditioned, the proposed project is consistent with the City's Comprehensive Plan, specifically, Land Use Element Policy A-2, Conservation Element Policies B-1 and D-7, and Economic Development Element Policy A-4, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policies B-1 and 2, D-I, H-I and 4, J-2, K-l, 2 and 4, and N-I, Chapter 5, Policies F-5, and all associated regulations. C. As conditioned, the project will not be detrimental to the shoreline. D. The proj ect will not interfere with public access to the shoreline. E. As conditioned, the proposed project will not interfere with public use of lands or waters subject to the public trust doctrine. . . . Planning Commission Minutes. August 27, 1997 Page J 1 The motion was seconded by Commissioner King and passed 4 - O. SIlQRELINK.SllBST ANTI AI, DEVELO~NT PERMIT - SMA 97- U - DATSHOW A AMERICA - 1902 Marine.J1riye..:. Request to allow approximately 200' of trenching and placement of a new fire line in the mill area located within 200 feet of the shoreline in the IH, Industrial Heavy zone. Senior Planner David Sawyer reviewed the Planning Department's report recommending approval of the substantial development permit as proposed with conditions. Vice Chair opened the public hearing. Bruce Bean, Project Engineer for Daishowa America, 1902 Marine Drive, agreed with the Department's report and stated that the fire line is in dire need of replacement at this time. The entire construction area is to the south of Marine Drive, south of the Waterfront Trail and public access area through the mill site and therefore there are no particular safety issues associated with the activity that should be addressed in that regard. There being no further comments, Vice Chair Reed closed the public hearing. Commissioner Souders moved to approve the substantial development permit as proposed with conditions, and citing the following findings and conclusions: Coodi1.imJs of ApprovaL 1. }fthe subject site has not been previously inventoried, evaluated, and reviewed to the satisfaction of the Lower Elwha Klallam Tribe, the subject site shall be evaluated by a cultural review team which shall include a professional archaeologist, a representative of the Lower Elwha Klallam Tribe, the site owner, and the City Planning Department. This team shall detennine the extent of excavation monitoring for the project during the permit review process. As an alternative, the applicant may volunteer to have an approved archaeologist on site during any excavation in lieu of a review by the aforementioned cultural team. If during an excavation that by decision of the cultural review team occurs without an approved archaeologist on- site, any phenomena of possible archaeological interest are uncovered, the developer shall stop such work and provide for a site inspection and evaluation by a professional archaeologist to ensure that all possible valuable archaeological data is properly salvaged. 2. The project shall comply with all regulations of the City's Shoreline Master Program specifically those of Chapters 4,5,6 and 7. 3. The proposed project shall meet all federal, state, and local requirements, including the City's Environmentally Sensitive Areas Protection Area Ordinance. 4. The project shall utilize best management practices as identified in the City of Port Angeles Stormwater Management Plan to control stormwater runoff into the shoreline area. . . . Planning Commission Minutes -August 27,1997 Page J 2 5. Construction pursuant to this shoreline substantial development permit shall not begin until 21 days from the "date of filing" as defined in RCW 90.58.140. Eindings.:. Based on the information provided in the August 27. 1997 Staff Report for SMA 97-12 (including an of its attachments), comments and information presented during the public hearing. and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, Daishowa America Co., Ltd. applied for a Shoreline Substantial Development Permit on July 17, 1997 and the application was determined complete on July 20, 1997 (Please see the August 27, 1997 Staff Report for SMA 97-12), 2. A Determination of Non -Significance (#744) was issued by the City of Port Angeles SEPA Responsible Official for the proposal on August 21, 1997 and is attached to the August 27, 1997 Staff Report for SMA 97-12. 3. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 4. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application, 5, The site is designated Industrial in the City's Comprehensive Plan, Industrial-Heavy in the City's Zoning Ordinance, and Urban-Harbor in the City's Shoreline Master Program. 6. Chapter 5 of the City's Shoreline Master Program indicates water-related industrial uses, such as a pulp and paper mill, are permitted uses in the U-H designation. 7. The City's waterfront trail runs along Marine Drive through the subject site. 8. The underground installation of the water line will not impact the use of Marine Drive or the City's water front trail. 9. The proposed water line will serve the existing pulp and paper mill facility. Conclusions: Based on the information provided in the August 27. 1997 Staff Report for SMA 97-12 including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation. and the above listed conditions of approval and findings, the City of Port Angeles Planning Commission hereby concludes that: A. The following adopted City policies are most relevant to the proposed project, Comprehensive Plan Land Use Element Policy A-2. Conservation Element Policy .' . . Planning Commission Minutes - August 27.1997 Page 13 C-8, and Economic Development Element Policy A-3, the City's Industrial, Heavy zone, and the Cityls Shoreline Master Program's Urban-Harbor designation and Chapter 4, Policies B-1 and 2, D-1, E-2, J-2, and N-2, Chapter 5, Policy D-1, and all associated regulations. B. The proposed project as conditioned, is consistent with the following adopted City policies, Comprehensive Plan Land Use Element Policy A-2, Conservation Element Policy C-8, and Economic Development Element Policy A-3, the City's Industrial, Heavy zone, and the Cityts Shoreline Master Program's Urban-Harbor designation and Chapter 4, Policies B-1 and 2, D-1, E-2, J-2, and N-2, Chapter 5, Policy D-1, and all associated regulations. c. The project will not be detrimental to the shoreline. D. As conditioned, the proposed project will not interfere with the public use oflands or waters subject to the public trust doctrine. The motion was seconded by Commissioner King and passed 4 - O. COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS None. REPORTS OF COMMISSION MEMBERS None. ADJOURNMENT The meeting adjourned at 8:30 p.m. ~~ David Sawyer, Ac . g Secretary PREPARED BY: S. Roberds PLEASKSlGNlN CITY OF PORT ANGELES Planning Commission Attendance Roster . .'0 ~:. .~ ~~ ,. ~'.~;_ '.." -N.AME' .. ,~~.; . .. ", ~ -~:._... . ," :,>.~:;~' ~ ;~~'~i:. ~,. ;':~;:;~~r;: " :~.'~", ADDRESS: z.. M[,{/mtt e f) , ~ 4- p. D. 6x / J'JO. P . Meeting Date: