HomeMy WebLinkAbout3516 ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington making
changes to Title 15, Chapters 15.08, 15.20, 15.28, of the Port Angeles
Municipal Code relating to environment.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY
ORDAIN AS FOLLOWS:
Section 1. Ordinance 2033, as amended, and Chapter 15.08 of the Port
Angeles Municipal Code relating to public hearing are hereby amended by amending
Sections 15.08.050, 15.08.070 and 15.08.090 to read as follows:
15.08.050 Definitions.
In addition to those definitions contained within RCW 90.58.030, the following terms
shall have the following meanings, unless the context indicates otherwise:
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4 A. "Council"means the City Council of the City.
C—B. "Local government"means the City.
D C. "Master program"means the City of Port Angeles Shoreline Master
Program and the use regulations, together with maps, charts, diagrams or other
descriptive material and text; a statement of desired goals and standards
developed in accordance with the policies enunciated in RCW 90.58.020 as
adopted and amended by the City.
E D. "The Planning Department"means the Planning Department of the
City.
F E. "Public Works Department"means the Public Works Department of
the City.
G F. "Shorelines"means all the water areas within the City.
FI G. "Shorelines of statewide significance"means those shorelines
described in RCW 90.58.020(2)(e) whieh that are within the City.
1 H. "Shorelines of the City"means the total of all shorelines and shorelines
of statewide significance within the City.
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15.08.070 Appointed Reviewing
A. The Council shall appoints a reviemdag=bodv.=the Planning Commission the
The Appointed Reviewing Body ., shall consider
applications and make decisions regarding permits, based on the policies contained
under Chapter 90.58 RCW, the provisions of Chapter 173-27 and 173-22 WAC and
the City of Port Angeles Shoreline Master Program, as adopted and amended by the
City.
The Planning Gemfflissien Appointed Reviewing Bodv shall periodically review the
Shoreline mMaster pProgram and make recommendations to the City Council
regarding such adjustments as are necessary.
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B. The D'^niiing Gemtnissien Appointed Reviewing Body shall review an
application for a permit based on the following:
1. The application;
2. The environmental impact statement, if one has been prepared;
3. Written comments from interested persons;
4. Information and comments from other City Departments, if applicable;
5. Independent study of the Advisory Committee and of the Planning
Department; and
6. Evidence presented at the public hearing, if any, held pursuant to
provisions of this chapter.
The Planning Gemmissien Appointed Reviewing Body may require that an applicant
furnish information in addition to the information required in the application forms
prescribed.
C. The Piannitig Gemmission Appointed Reviewing Body shall make its decision
within a reasonable time after the public hearing.
D. As to shoreline conditional use permit applications, the decision of the
Appointed Reviewing Bodv shall be the final decision of the
City. The decision shall be subject to further review as provided by state law.
15.08.090 Public hearing.
A. Public hearings on all permit applications under this chapter shall be conducted by the
Appointed Reviewing Body.
B. If, for any reason, testimony on any matter set for public hearing, or being heard,
cannot be completed on the date set for such hearing, the Appointed
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Reviewing Bodv may, before adjournment or recess of such matters under consideration,
publicly announce the time and place of the continued hearing, and no further notice is
required.
C. The Advisory Ce::mites Appointed Reviewing Body shall have the power to
prescribe rules and regulations for the conduct of hearings before it.
Section 2. Ordinance 2656, as amended, and Chapter 15.20.070 of the Port
Angeles Municipal Code relating to development standards are hereby amended by
amending Section 15.20.070(B)(6)(c)to read as follows:
15.20.070 Development standards.
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 Director of Community and Economic
Development:
Ravines 200 feet;
Marine Bluffs 200 feet;
Beaches and Associated Shoreline Management Jurisdiction.
Coastal Drift Processes
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 established from the
top of ravines; the top and toe of marine bluffs and ravines:
Ravines 25 feet
Marine Bluffs 50 feet j
Beaches and Associated Per the City's Shoreline Master Program as adopted by
Coastal Drift Processes PANIC 15.08.040
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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 and
environmental information demonstrate to the satisfaction of the Director of Community
and Economic Development that the proposed construction method will:
a. Not adversely impact the stability of ravine sidewalls and bluffs;
b. Not increase erosion and mass movement potential of ravine sidewalls and bluffs;
C. Use construction techniques which minimize disruption of the existing topography
and vegetation; and
d. Include measures to overcome any geological, soils and hydrological constraints of
the site.
5. Additional buffers. The Director of Community and Economic Development 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
Director of Community and Economic Development 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.
i 6. Viewshed enhancement. In ravine and marine bluff buffers, the Director of
Community and Economic Development may approve alterations in vegetation coverage
for the purposes of viewshed enhancement, so long as such alterations will not:
a. Increase geological hazards such as erosion potential, landslide potential, or seismic
hazard potential.
b. Adversely affect significant fish and wildlife habitat areas.
C. Remove by thinning more than -30 25% pest of the live crown of a tree in anv 5
year period.
d. Include felling, topping, or removal of trees.
The landowner shall replace any trees that are felled or topped with new trees at a ratio of
two trees for each tree felled or topped (2:1) within one year in accordance with an
approved restoration plan. Tree species that are native and indigenous to the site and a
minimum caliper of two inches shall be used.
Section 3. Ordinance 2734, as amended, and Chapter 15.28.030 of the Port
Angeles Municipal Code relating to clearing and grading permits are hereby amended by
amending Section 15.28.030 (A)(7)to read as follows:
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15.28.030 Clearing and grading permit required.
A. No person, corporation, or other legal entity shall make changes or cause changes to
be made in the surface of any land by clearing, grading, filling, or drainage alteration in the
City without having first obtained a valid clearing and grading permit from the City
Engineer; except for those activities that are exempt as described in section 15.28.040. A
clearing and grading permit is required prior to any of the following:
1. Any clearing, filling, excavation, or grading in an environmentally sensitive area,
critical area, or critical area buffer.
2. Land disturbance of one acre or more. See the Urban Services Standards and
Guidelines, Section 6.02.1 for sites under one acre.
3. Fill and/or excavation of 100 cubic yards or more, even if the excavated material is
used as fill on the same site. [Quantities of fill and excavation are calculated separately and
then added together to determine the total quantity for the site.]*
*Correction made to conform with Ordinance 3367.
4. Clearing or grading that will likely penetrate the ground water table, including the
construction of ponds and reservoirs.
5. An excavation which is more than five feet in depth or which creates a cut slope
greater than five feet in depth or which creates a cut slope greater than five feet in height
and steeper than two units horizontal in one unit vertical (2:1).
6. Any re-grading or paving on an area used for stormwater retention or detention or
alteration of an existing drainage course.
7. Any proposal to eut } remove a tree or tep reduce the live crown of any tree by
more than ene-quarter 25%, any tree(s) in any five (5) year period, that afe is required to be
preserved by City code, plat condition, or other requirement.
Section 4. Ordinance 2734, as amended, and Chapter 15.28.110 of the Port
Angeles Municipal Code relating to maintenance responsibilities are hereby amended by
amending Section 15.28.110 to read as follows:
15.28.110 Maintenance responsibilities.
The Permittee may be required to provide a maintenance schedule of constructed
temporary private facilities „hall be developed for f eilit es ^^'_ str-t=eted and measures
implemented pursuant to this chapter. The schedule shall set forth maintenance and
inspection(s) to be completed, the time period for completion, and who shall perform the
maintenance and inspection(s). The schedule shall be included with all required plans and
permits and shall be recorded by the property owner or agent with the County Auditor so
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that maintenance and inspection responsibilities attach to the property and shall be the duty
of the property owner(s).
Section 5 - Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to,
the correction of the scrivener's/clerical errors, references, ordinance numbering,
section/subsectionnumbers and any references thereto.
Section 6 - Severability. If any provisions of this Ordinance, or its application to
any person or circumstances, are held invalid, the remainder of the Ordinance, or application
of theprovisions of the Ordinance to other persons or circumstances, is not affected.
Section 7 - Effective Date. This Ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This ordinance shall
take effect five (5) days after passage and publication of an approved summary thereof
consisting of the title.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the'1 day of October,2014.
Dan Di Guilio, Mayor
Z APP OVED AS TO FORM:
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William E. Bloor, City Attorney
ATTEST:
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J&nnife 'Veneklasen, City Clerk
PUBLISHED: 2014
By Summary
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Summaries of Ordinances Adopted by the
Port Angeles City Council
On October 21, 2014
Ordinance No. 3515
THIS ORDINANCE of the City of Port Angeles, Washington, makes changes to Title 14,
Chapters 14.36 of the Port Angeles Municipal Code relating to signs.
This Ordinance shall take effect five days after passage and publication of summary.
Ordinance No. 3516
THIS ORDINANCE of the City of Port Angeles, Washington, snakes changes to Title 15,
Chapters 15.08, 15.20, and 15.28 of the Port Angeles Municipal Code relating to
environment.
This Ordinance shall take effect five days after passage and publication of summary.
Ordinance No. 3517
THIS ORDINANCE of the City of Port Angeles, Washington, makes changes to Title 17,
Chapters 17.01, 17.08, 17.11, 17.18, 17.19, 17.31, 17.44, 17.45, 17.52, and 17.95 of the
Port Angeles Municipal Code relating to zoning.
This Ordinance shall take effect five days after passage and publication of summary.
The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's
website at www.cityofpa.us, or will be mailed upon request. Office hours are Monday through
Friday 8:00 a.m. to 5:00 pan.
Jennifer Veneklasen
City Clerk
Publish: November 2, 2014