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2021-04-14 PC Agenda PacketAGENDA PLANNING COMMISSION VIRTUAL MEETING Meeting Access: https://www.cityofpa.us/984/Live-Virtual-Meetings April 14, 2021 6:00 p.m. I.CALL TO ORDER II.ROLL CALL III.PUBLIC COMMENT IV.APPROVAL OF MINUTES Minutes of March 24, 2021 V.ACTION/DISCUSSION/WORK SESSION 1.SMP Periodic Update Action: Deliberate draft amendments for transmission to Ecology for an initial determination of consistency 2.Action Item: Planning Commission Bylaws Amendments. Review and approve Commissioner suggested bylaws amendments. 3.Work Session: Climate Resiliency Plan Task 4 Preparation Discussion on continued Commissioner work on SWOT analysis review. VI.STAFF UPDATES VII.REPORTS OF COMMISSION MEMBERS VIII.ADJOURNMENT MINUTES PLANNING COMMISSION Virtual Meeting Port Angeles, Washington 98362 March 24, 2021 6:00 p.m. REGULAR MEETING PLEDGE OF ALLEGIANCE Chair Schwab opened the regular meeting at 6:00 p.m. ROLL CALL Commissioners Present: Andrew Schwab (Chair), Benjamin Stanley (Vice-Chair), Richie Ahuja, Steve Luxton, Marolee Smith, Colin Young City Staff Present: Emma Bolin (Manager) Ben Braudrick (Associate Planner) Chris Cowgill (Assistant City Attorney) Public Present: Bob Vreeland, Mark Hodgson PUBLIC COMMENT: None Chair Schwab closed public comments APPROVAL OF MINUTES: Commissioner Young moved to accept the minutes from the February 24 and March 10, 2020 meeting. The motion was not seconded because Commission Smith was not in attendance for the February 24th meeting. Commissioner Smith moved to accept the minutes of February 24, 2020. Commissioner Young seconded the motion, all were in approval. Commissioner Young moved to accept the minutes of March 10, 2020. Commissioner Smith seconded the motion, all were in approval. ACTION ITEMS 1. Action Item: Planning Commission Elections. Election of the 2021-22 Planning Commission Chair and Vice Chair positions Chair Schwab opened up the nomination for the Chair and Vice Chair positions. Commissioner Smith nominated Chair Schwab to continue in the chair position. Vice Chair Stanley stated that he would accept a nomination for chair if Chair Schwab was not interested in continuing in that role. Chair Schwab asked if he had any interest in remaining Vice Chair. Vice Chair Stanley responded that he still had interest. Chair Schwab then nominated Vice Chair Stanley to continue in the Vice Chair position. Commissioner Young made a motion reinstate Chair Schwab as the Chair. Commissioner Smith seconded, all were in approval. Chair Schwab made a motion to reinstate Vice Chair Stanley as the Vice Chair. Commissioner Smith seconded the motion, all were in approval April 14, 2021 PC Agenda Packet, Pg.1 2. Discussion Item: Planning Commission Bylaws Amendments Review and discuss staff suggested bylaws amendments to place as an action item on a future meeting agenda. Planning Manager Bolin presented a change to the Bylaws recommended by staff to eliminate language in Article IV, Section 1 that requires the Commission to have meetings in 9 months of the year. This change was due to this requirement not being codified in Code Cities, such as Port Angeles. Rather, it was for counties and second-class cities in Washington State. Chair Schwab asked if the Commission wanted to act on this suggestion first or continue to provide more suggested changes. It was agreed that they would continue forward with suggestions. Commissioner Smith presented changes to the bylaws in Article III, Section 4 and Article III, Section 3 to allow Commissioners continue serving in their position after their term had expired for a set amount of time if the City Council had not yet appointed, or reappointed a Commissioner to that position and to make officer terms 2 years instead of 1 year with the option to reappoint. Discussion followed. Commissioner Stanley made a motion to retain the language that staff had removed in Article IV, Section 1 and add an additional sentence, “The Planning Commission retains the right to change the number of meetings required in a given year in any Planning Commission meeting by a majority vote”. Commissioner Smith seconded the motion; discussion followed. Chair Schwab called for a vote and the motion failed 1-5. Bylaws discussion continued. Chair Schwab introduced a change to Article IV, Section 4 to include “Regular monthly meetings shall be held on the second and/or fourth Wednesdays of each month beginning at 6:00 P.M. in City Hall except as otherwise designated by the Planning Commission”. Commissioner Smith made a motion to accept that change. Chair Schwab seconded the motion, which failed in a 3-3 split. Discussion continued. Staff requested that the Planning Commission be provided time prior to a formal motion of adoption of the bylaws changes in order to review the suggestions for consistency. A request that Commissioners provide any subsequent changes by April 7th was also made. Chair Schwab tabled the discussion and asked the Commissioners to provide any subsequent suggested changes to the bylaws to Staff by April 7, 2020. 3. Work Session: Climate Resiliency Plan Task 4 Preparation Discussion on continued Commissioner work on SWOT analysis review Commissioner Smith presented her SWOT analysis for the Housing Element. Commission discussion followed. STAFF UPDATES Manager Bolin updated the Commission on the Climate Resiliency Plan. The City’s consultant Cascadia Consulting group met with the Climate Action Volunteer Group to set up a workplan for the continued process. FEMA floodplain mapping will be publicly under review by the County on May 10th at the County Commissioners meeting. There will be a six-month comment period. Planner Braudrick notified the Commission that the Peninsula Section of the American Planning Association would be holding an educational forum focused on transportation equity on April 15th. REPORTS OF COMMISSION MEMBERS Vice Chair Stanley gave further update on the kickoff meeting between Cascadia Consulting and the Climate Action Volunteer Group. April 14, 2021 PC Agenda Packet, Pg.2 Commissioner Luxton asked about his interest in municipal code changes related to housing that he had provided Staff. Manager Bolin responded that code changes dealt with housing were underway by the consultant Makers, and staff would work with the Chair and Director to find when the suggested changes would be appropriate to review by the Planning Commission. ADJOURNMENT The meeting adjourned at 8:04 p.m. Ben Braudrick, Secretary Andrew Schwab, Chair PREPARED BY: Ben Braudrick, Secretary April 14, 2021 PC Agenda Packet, Pg.3 TO: Planning Commission FROM: Emma Bolin, Community Development Manager MEETING DATE: April 14, 2021 RE: 2021 Shoreline Master Program Periodic Review Update No. 21-09 APPLICANT: City of Port Angeles Department of Community and Economic Development LOCATION: Citywide REQUEST: City of Port Angeles Shoreline Master Program Periodic Review to meet the Requirements of the Washington State Shoreline Management Act RCW 90.58 EXECUTIVE SUMMARY AND BACKGROUND In early 2020, the City of Port Angeles began the periodic review of its Shoreline Master Program (SMP), as required by authority of the Washington State Shoreline Management Act (RCW 90.58) and SMP Guidelines (WAC 173-26). The City adopted its current SMP through a comprehensive update in 2014. The focus of the periodic review is on consistency with changes to state law made since its adoption. The review also addresses consistency with the City’s comprehensive plan and development regulations, and overall usability of the SMP. The City received a grant from the Department of Ecology to conduct the periodic review and hired The Watershed Company to help staff prepare the update. The City and Department of Ecology (DOE) conducted a joint (30-day) public review period for the SMP update. The comments received as part of this public hearing will be submitted to DOE for its consideration of the City’s SMP update. Once DOE has completed its review the final draft of the SMP will be ready to be adopted. Should the DOE provide comments that result in substantive amendments to the SMP these will be presented to the Planning Commission before it is presented to Council for adoption. A City Council legislative decision is scheduled for June 15, 2021. April 14, 2021 PC Agenda Packet, Pg.4 PROPOSED AMENDMENTS Staff suggested edits within the following categories: o Amendments to address changes in state laws o Amendments to address staff-identified issues o Amendments to make the SMP more user-friendly o Amendments to address public and Ecology comments At a glance, the proposed amendments include: • Exemptions and exceptions o Updating exemptions from a Shoreline Substantial Development Permit to be consistent with those in state law o Adding exceptions, or developments not subject to City shoreline review, consistent with those in state law • Updating definitions to be consistent with those in current state law • Updating to use current City-wide critical areas regulations (with some modifications, particularly to wetland provisions) • Federal applicability: Providing language about applicability of SMP to Coast Guard base • Nonconforming development: Clarifying the language in certain regulations • SMP administration o Adding language regarding City permit filing with Ecology o Adding language about the periodic review process • User-friendliness o Improving document navigation o Improving document organization o Removing duplicative information in PAMC 15.08 o Improving integration with other parts of PAMC o Improving mapping In response to open house comments in December 2020, the City proposed amendments addressing informal comments: • Increasing pesticide transparency • Using gender-neutral language • Reflecting current names of landmark features • Changing reconstruction allowance threshold April 14, 2021 PC Agenda Packet, Pg.5 •Allowing composting plant material in place In response to the joint review public comment period from March 1-30, 2021, the city proposed amendments addressing comments: •Retracting a proposed amendment requiring public access to the McKinley Mill and Port log areas. •Added language to clarify that the prohibition of over-water residences does not apply to live-aboard vessels. The full list of proposed edits can be found within Appendix A. The Joint Review Public Comment and City Response can be found in Appendix B. The full line in line out text can be found in Appendices C and D. PROCEDURE: In accordance with WAC 173-26-090(3)(a), the City developed a public participation program for this periodic review to inform, involve and encourage participation of interested persons and private entities, tribes, and applicable agencies having interests and responsibilities relating to shorelines. CED published a virtual open house to the City’s Website found at https://www.cityofpa.us/141/Shoreline-Master-Program with a comment period running through the end of 2020. Based on consistency with state law, funding and project scope availability to complete the project, staff incorporated open house comments into draft SMP amendments for a joint review and 30-day comment period with Department of Ecology. The joint review commenced March 1st and ended March 30th. The Planning Commission held a joint virtual public hearing with the Dept. of Ecology on Wednesday March 10th at 6:00 pm. On April 15, 2021 the Planning Division will submit its 60-day notice of intent to amend the City’s Comprehensive Plan to the Washington State Department of Commerce (WSDOC). Notice of the application was provided on the following dates and in the following manner: 1. 4/14/21: Notice to WSDOC of Intent to Amend the Shoreline Master Program 2. 2/26/21: City of Port Angeles Website 3.3/1/21: Peninsula Daily News, Circulation COMMENTS: The public comment period was 30 days, closing on March 30, 2021. The City compiled the public comments received during the comment period with the City’s responses to comments in Appendix B. This document also notes where the City made several minor modifications to the amendments that resulted from public comment. April 14, 2021 PC Agenda Packet, Pg.6 FINDINGS OF FACT & STAFF ANALYSIS Analysis and findings of fact from Department of Community and Economic Development (DCED) Staff are based on the entirety of Port Angeles Municipal Code (PAMC), standards, plans, public comment, and all other materials available during the review period. Collectively the information contained in the staff report is the record of the review. The findings and analysis section this report are a summary of the DCED Staff completed review. Port Angeles Municipal Code – Shoreline Master Program Section 15.08.040 – City of Port Angeles Shoreline Master Program Ch. 7.a.2: The appointed reviewing body is vested with authority to recommend to the City Council any revisions or amendments to the master program in accordance with the requirements of the Act and WAC 173-26-090. Staff Analysis: The Planning Commission is the review body vested with authority to recommend revisions for the periodic review required by WAC 173-26-090. Ch. 7.a.4: The Port Angeles City Council is vested with authority to review and act upon any recommendations of the Administrator and/or appointed reviewing body for amendments to or revisions of the program. The Council shall enter findings and conclusions setting forth the factors it considered in reaching its decision. To become effective any amendments to the program must be reviewed and approved by the Department of Ecology, pursuant to RCW 90.58.090 and Chapter 173-26 WAC. Staff Analysis: The record of review described in this staff report demonstrates revisions consistent with Periodic Review requirements in RCW 90.58.090 and Chapter 173-26 WAC. The Planning Commission may recommend submission of the SMP revisions to the Department of Ecology for approval prior to City Council adoption. Ch 7.I.1: The City shall conduct a periodic review of its master programs at least once every eight years as required by RCW 90.58.080 (4)(b). Following the required review, the City shall, if necessary, revise its master program to assure: a. That the master program complies with applicable law and guidelines in effect at the time of the review; and b. Consistency of the master program with the comprehensive plan, development regulations, and other local requirements. Staff Analysis: Appendices A-E support consistency with this requirement. Specifically, The City of Port Angeles accomplished the following: a. developed a public participation program for this periodic review in accordance with WAC 173-26-090(3)(a) to inform, involve and encourage participation of interested persons and private entities, tribes, and applicable agencies having interests and responsibilities relating to shorelines; April 14, 2021 PC Agenda Packet, Pg.7 b.followed its adopted public participation program, including conducting a virtual open house, joint review and comment period and maintenance of a Periodic Review webpage; c.used Ecology’s checklist of legislative and rule amendments to review amendments to chapter 90.58 RCW and department guidelines that have occurred since the master program was last amended, and determine if local amendments are needed to maintain compliance in accordance with WAC 173-26-090(3)(b)(i); d.reviewed changes to the comprehensive plan and development regulations to determine if the shoreline master program policies and regulations remain consistent with them in accordance with WAC 173-26-090(3)(b)(ii); e.considered whether to incorporate any amendments needed to reflect changed circumstances, new information or improved data in accordance with WAC 173-26- 090(3)(b)(iii;) f.Planning Commission completed a review of staff recommendations and prepared initial amendments; g.consulted with the Department of Ecology early and often during the drafting of the amendments. The City of Port Angeles worked collaboratively with the Department of Ecology to address local interests while ensuring proposed amendments are consistent with the policy of RCW 90.58.020 and applicable guidelines in accordance with WAC 173-26-104; h.conducted a formal public comment period in compliance with requirements of WAC 173-26-104; i.published a legal notice in Peninsula Daily News on March 1, 2021 for a public hearing on the proposed Planning Commission recommendation), including a statement that the hearings were intended to address the periodic review in accordance with WAC 173- 26-090(3)(c)(ii); j.Planning Commission took public testimony on the proposed Planning Commission recommendations at a public hearing on March 10, 2021; k.prepared a State Environmental Policy Act (SEPA) environmental checklist based upon Planning Commission Public Hearing Draft, and the City’s SEPA responsible official issued and circulated a copy of the checklist and a Determination of NonSignificance (DNS) on February 26, 2021; and l.Planning Commission reviewed the public testimony and written comments on the proposed SMP revisions, and suggested revisions to the proposed amendments. April 14, 2021 PC Agenda Packet, Pg.8 Ch 7.I.2: The City may also revise this master program outside the required periodic review cycle by a locally-initiated amendment, utilizing either the standard local process per WAC 173-26-100 or the optional joint review process of WAC 173- 26-104. Staff Analysis: Appendices A and B recommend that some items be considered during the City’s next update of its Growth Management Act critical areas regulations. At such time a locally initiated amendment to this SMP would be required as it would be outside of the required periodic review cycle. Ch 7.I.3 Amendments to the SMP become effective 14 days from the date of Ecology’s written notice of final approval. Staff Analysis: RCW 90.58.080(4)(b), requires that cities within Clallam County complete the SMP periodic review update on or before June 30, 2020. Ecology’s interpretation is that all jurisdictions that fall within this group have until June 30, 2021 to complete their periodic review work, consistent with the biennial funding provided by Ecology. A City Council legislative decision is scheduled for June 15, 2021. Local adoption by City Council will be transmitted to Ecology for final agency approval. Environmental Review The City issued a Determination of Non-Significance for this proposed action on February 26, 2021, per WAC 197-11-340(2). Consistency In preparation and submission of a Shoreline Master Program Periodic Review application, City Staff has demonstrated that it has completed the required steps for the SMP periodic update in accordance with the Port Angeles Municipal Code and RCW 90.58 and WAC 173-26. Recommendation: The Planning Division proposes the Planning Commission recommend approval of the SMP Periodic Review Update with supporting record found in Appendices A – E. CONCLUSIONS Having reviewed and considered the staff report, application materials, public comment, and all the information presented, the Planning Division recommends the Planning Commission conclude the following: 1. Recommend approval for staff to submit the 2021 Shoreline Master Program Periodic Review Update to the Department of Ecology and request an “Initial Determination of Consistency from Ecology.” Following Ecology review, April 14, 2021 PC Agenda Packet, Pg.9 a. If the Department of Ecology issues a statement of initial concurrence, recommend approval to submit the 2021 Shoreline Master Program Periodic Review to City Council for adoption; or b. Direct staff to make modifications if Ecology issues a written statement requiring changes for further Planning Commission review and recommendation. APPENDICES HYPERLINKS A – Draft Periodic Review Checklist and Gap Analysis B – Joint Review Public Comment and City Response C – Draft PAMC Chapter 15.08 Amendments D – Draft Shoreline Master Program Amendments and Appendices (A and B) E – SEPA DNS and Annotated SEPA Checklist April 14, 2021 PC Agenda Packet, Pg.10 BYLAWS of THE CITY OF PORT ANGELES, WASHINGTON PLANNING COMMISSION (Amended January 25, 2017) ARTICLE I - NAME Section 1. Name The official name of the organization shall be “The City of Port Angeles, Washington, Planning Commission.” ARTICLE II - OFFICIAL SEAT Section 1. Official Seat The official seat of the Planning Commission shall be in the City Hall of Port Angeles, Washington, 321 East Fifth Street, and meetings shall be held there except on such occasions and at such times as the Commission may, by a majority vote of those present at any regular, recessed, or special meeting, otherwise direct. ARTICLE III - OFFICERS Section 1. Officers The elective officers of the Planning Commission shall consist of a Chair and Vice-Chair. Section 2. Nomination and Election of Officers Nomination of elective officers shall be made from the floor at the annual election meeting which shall be held at the last regular meeting of March of each year. The election shall follow immediately thereafter. A nominee receiving a majority vote of those present at the election meeting shall be declared elected. If meetings cannot occur because of an unforeseen circumstance, nominations and elections shall take place at the next available meeting. Section 3. Terms of Officers The term of office for elective officers shall begin in April and shall continue for a term of one year, or until nominations or elections have taken place at the next available meeting date. Elective officers shall serve no more than two consecutive terms in the same office. Section 4. Vacancies in Offices Vacancies in elective offices shall be filled immediately by regular election procedure for the unexpired portion of the term. A commissioner whose term has expired may continue to hold office for 60 day or until a successor has been confirmed. Section 5. Duties of Officers (a) Chair April 14, 2021 PC Agenda Packet, Pg.11 2 The Chair shall preside at all meetings and public hearings of the Planning Commission and shall call special meetings when he/she deems it necessary or is required to do so. They shall appoint all committees, shall be an ex-officio member of each, without the power to vote. They shall sign the minutes of Planning Commission meetings and all official papers and plans involving the authority of the Planning Commission which are then transmitted to the City Council. The Chair shall have the privilege of discussing all matters before the Planning Commission and voting thereon. They shall have all the duties normally conferred by parliamentary usage on such officers and shall perform such other duties as may be ordered by the Planning Commission except as otherwise provided in these Bylaws, in other Planning Commission regulations, or in City Ordinances. (b) Vice-Chair The Vice-Chair shall assume the duties and powers of the Chair in his or her absence. If the Chair and Vice-Chair are both absent, the Planning Commission members may elect a temporary chair by a majority vote of those present at a regular, recessed, or special meeting, who shall assume the duties and powers of the Chair or Vice-Chair during their absence. (c) Executive Secretary The Executive Secretary is a staff appointed position. The Executive Secretary shall keep the minutes of all regular, recessed, and special meetings of the Planning Commission; such minutes shall be approved by the Planning Commission. They shall also keep the minutes of Planning Commission committee meetings when requested to do so. They shall give notice of all regular and special meetings to Planning Commission members, shall prepare with the Chair the agenda of regular and special meetings, shall serve proper and legal notice of all public hearings, and shall draft and sign the routine correspondence of the Planning Commission. The Executive Secretary shall maintain a file of all studies, plans, reports, recommendations, and official records of the Planning Commission and perform such other duties as are normally carried out by a secretary and as the Planning Commission may determine. ARTICLE IV - MEETINGS Section 1. Regular Meetings: Time and Place Regular monthly meetings shall be held on the second and/or fourth Wednesdays of each month beginning at 6:00 P.M. in City Hall except as otherwise designated by the Planning Commission unless a meeting has been noticed as taking place virtually. Per Section 2.36.040 of the Port Angeles Municipal Code, the Planning Commission shall hold at least one regular meeting in each month for nine (9) months of the year. If a stay at home order or other disruptive event has occurred that affects Port Angeles and precludes the Planning Commission from meeting in City Hall, meetings shall be noticed and the alternative physical or virtual location shall be specified in the notice. Any change in the hour, date, and place of regular meetings shall be given wide publicity for the convenience of persons having business before the Commission. When the regular meeting day April 14, 2021 PC Agenda Packet, Pg.12 3 falls on a legal holiday, the replacement date will be designated by the Planning Commission with notice posted to the public per the Open Public Meetings Act. Section 2. Recessed Meetings Any regular meeting may be recessed to a definite time, place, and date by a majority vote of the Planning Commission members present at the meeting. Section 3. Special Meetings Special meetings may be called by the Chair or Planning staff with approval of the Chair. Section 4. Cancellation of Regular Meetings In the event it is necessary to cancel a meeting due to lack of agenda issues, Planning staff will contact the Chair and each Commission member prior to the meeting and will provide notice to the public per the Open Public Meetings Act. Section 5. Notice of Meetings Notice of all regular and special meetings shall be given by the Executive Secretary to the members of the Planning Commission in accordance with current RCWs. Notice to members of the Planning Commission and to members of the public of all special meetings shall be provided at least 2 days (48 hours) prior to the special meeting. In addition to the provision of the notice of all special meetings to the members of the Planning Commission, notice shall be provided to each local newspaper of general circulation in the City of Port Angeles and on the Newsflash located on the official City of Port Angeles Webpage. Said notice shall be transmitted electronically or mailed at least 24 hours before the time of the meeting specified in the notice. The notice shall state the time and place of the meeting and the business to be transacted by the Commission. The meeting agenda for the next regular meetings shall be closed on Friday at the close of business five (5) days prior to the next regular meeting of the Planning Commission except that urgent matters may be inserted on the agenda later at the discretion of the Chair. Petitions and communications from the audience and matters brought to the meeting by the Planning Staff and Commission members, which are not on the agenda for the meeting, may be received and discussed at the meeting. However, no official action may be taken on any matter at a Planning Commission meeting which is not included on the agenda for that meeting or which has been added to the agenda after it has been received by the Planning Commission members except that this requirement may be suspended at any meeting by the unanimous vote of the members present at the meeting. Section 6. Order of Business - Regular Meeting for Administrative, Routine, and Hearing-Type Matters (a) Call to order by Chair (b) Roll call (c) Approval of minutes of preceding meeting (d) Public hearings/Other business April 14, 2021 PC Agenda Packet, Pg.13 4 (e) Communications from the Public (f) Staff Updates (g) Reports of Commission Members (h) Adjournment Section 7. Order of Business - Regular Meeting for Discussion of Matters Related to Comprehensive Planning (a) Call to order by Chair (b) Roll call (c) Approval of minutes of preceding meeting (d) Staff Updates for current business (e) Reports from Planning Commission members and committees (f) Communications from audience (related to comprehensive planning only) (g) Communications from Planning Commission members (h) Adjourn Section 8. Operational Guidelines (a) All requests and applications on zoning, annexations, and vacations will be tabled if the applicant or an authorized representative is not present at the hearing on the request or application. (b) All requests and applications will be tabled if all essential information is not provided to the Planning Department staff by Friday, five days prior to the regular Wednesday meetings of the Planning Commission for timely analysis and inclusion into the Commissioners information packets. (c) All requests and applications requiring legal opinion or interpretation will be tabled until the Planning Commission has received an opinion or interpretation from the City Attorney. (d) The Commission shall act as a body in making its decisions and in announcing them. (e) Willful misrepresentation of information pertaining to a request or application will void that request or application upon discovery of the misrepresentation. (f) The Planning Commission will not commence a new hearing after 10 P.M. unless agreed upon by the Planning Commission. Section 9. Public Hearing Procedure (a) Chair introduces the discussion item orally and outlines the public hearing procedures to be followed during the public hearing process. The Chair then reads qualifying questions to the Commissioners regarding the Appearance of Fairness and Conflict of Interest Doctrines and opens the public hearing. (b) Planning Staff presents a staff report and provides a recommendation. Commissioners are permitted to ask the Chair or staff any relevant questions about the application. The public hearing will be opened with a brief explanation of the procedures to be followed April 14, 2021 PC Agenda Packet, Pg.14 5 (c) The spokesperson for proponents in the audience shall be given an opportunity to speak in favor of the application. Information submitted should be factual, relevant, and not merely duplication of previous presentation(s). A reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short supporting remarks (5 minutes). Each person speaking shall give their name, location of residence, and nature of the interest in the matter. The Chair may allow additional public testimony if the issue warrants it. Any data presented shall be retained by staff and marked as an exhibit. (d) The spokesperson for opponents in the audience shall be given an opportunity to speak against the application. Information submitted should be factual, relevant, and not merely a duplication of a previous presentation. A reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short supporting remarks (5 minutes). Each person speaking shall give his or her name, location of residence, and nature of the interest in the matter. The Chair may allow additional public testimony if the issue warrants it. Any data presented shall be retained by staff and marked as an exhibit. (e) Other interested parties shall be allowed to comment briefly (5 minutes) or make inquiries. (f) There can be a brief rebuttal (5 minutes) for proponents and opponents each heard separately and consecutively, with presentation limited to their spokesperson. The rebuttal shall be limited to factual statements pertaining to previous testimony. The Chair may allow additional public testimony if the issue warrants it. (g) The public hearing is closed. Commissioners voice their considerations and pose any relevant questions through the Chair. Specific questions may be posed through the Chair to a particular speaker to clarify testimony previously presented. (h) Motion for disposition is presented and an action taken. Section 10. Quorum Four members of the Planning Commission shall constitute a quorum for the transaction of business and the taking of official action. If there are vacancies on the Commission, quorum shall constitute a majority of the existing membership. Section 11. Motions Motions shall be restated by the Chair before a vote is taken. The names of the members making and seconding a motion shall be recorded in the minutes of the meeting. Section 12. Voting Any action taken by a majority of those present, when those present constitute a quorum, at any regular, recessed, or special meeting of the Planning Commission shall be deemed and taken as the action of the Commission except that any proposed change of the Zoning Map must be approved by a majority of the total membership of the Planning Commission. Voting on amendments to the Zoning Ordinance and Map, all matters requiring a public hearing before the Planning Commission, and all matters referred to the Planning Commission by the April 14, 2021 PC Agenda Packet, Pg.15 6 City Council shall be by the vote of each member and shall be recorded in the minutes of the meeting. Section 13. Staff Reports On all matters considered by the Planning Commission, the report and recommendations, if any, of the Planning staff shall be presented to the Commission and shall become part of the formal record of the action and recorded in the minutes of the meeting. Section 14. Conflict of Interest and Appearance of Fairness Any member of the Planning Commission who has an interest in any matter before the Commission that would or could tend to prejudice his or her actions thereon, shall so publicly indicate this fact and shall abstain from voting or participating in any way in the Commission's action on that matter. Section 15. Attendance Attendance at regular meetings and executive sessions is expected of all Commission members. Any members anticipating absence from an official meeting or executive session shall notify the Chair or Executive Secretary in advance. Any absence may be excused by the Commission, even for an extended period, provided the absence is approved in advance. Section 16. Parliamentary Procedure Parliamentary procedure in Planning Commission meetings shall be governed by Robert’s Rules of Order Newly Revised unless it is specifically provided otherwise in these Bylaws, in other Planning Commission resolutions, in City Ordinances, or in the State of Washington Planning Enabling Act (Chapter 35.63 RCW). Section 17. Public Nature of Meetings and Records All regular, recessed, and special meetings, hearings, records, and accounts shall be open to the public provided, however, executive sessions may be held by the Commission as provided in RCW 42.30.110. ARTICLE V - COMMITTEES Section 1. Establishment of Committees The Planning Commission may establish such standing or special committees as it deems advisable and assign each committee specific duties or functions. Each standing committee shall consist of 3 members. No standing or special committee shall have the power to commit the Planning Commission to the endorsement of any plan or program without the plan or program submitted and approved by a quorum of the Commission. Section 2. Appointment and Terms of Committee Members The Chair of the Planning Commission shall appoint the members of each standing or special committee and shall name the chair of each committee. The members of each standing committee shall be appointed at the first regular meeting in July for a term of one year. Special April 14, 2021 PC Agenda Packet, Pg.16 7 committees may be appointed at such times and for such purposes and terms as the Planning Commission approves. Section 3. Committee Vacancies Vacancies on committees shall be filled immediately by the Chair of the Planning Commission for the unexpired portion of the term. Section 4. Meetings of Committees The committees shall meet at the call of the committee chairman; in addition the Chair of the Planning Commission shall also have the authority to call a special meeting of any committee at any time and upon such notice as They may specify. The Planning Staff shall issue notice of committee meetings at the request of a committee chair or the Planning Commission Chair. Section 5. Quorum and Voting The majority of the members appointed shall constitute a quorum of all committees. The affirmative vote of a majority of the committee membership shall be required for the adoption of a matter before the committee. ARTICLE VI - AMENDMENTS Section 1. Amendments These Bylaws may be amended at any regular meeting by the affirmative vote of five (5) members of the Planning Commission provided that the proposed amendments have been submitted in writing at a previous meeting. Amended January 25, 2017 As amended: 2/23/76; 8/23/78; 5/23/79; 1/19/88; 3/16/90; 4/25/90; 4/29/90; 6/23/93; 1/12/94; 3/24/2004; 5/08/13; 01/25/2017 April 14, 2021 PC Agenda Packet, Pg.17 From:marolee diane smith To:Planning Commission Subject:comments regarding bylaws Date:Thursday, April 08, 2021 11:13:20 AM ***EXTERNAL EMAIL*** Sorry I'm late .. but I did have some comments. Section 3 (obviously, as I brought that up before) I still think THREE consecutive terms is better than TWO, and it is what the City of Sequim has. Article IV Meetings Section 1 should be much simpler. It is not necessary to add all the extra words... "as otherwise designated" is fine. All the stuff about "virtually" blah blah blah, is not necessary. As otherwise designated, is simple, and it covers it. I think hours, days and places of meetings simply need to be given proper notice, but should be "as otherwise designated". I see two paragraphs where there only needs to be one, brief one. I do think that Section 3 Cancellation of Meetings is unclear if it can ONLY BE by lack of agenda items. I am certain that meetings could be cancelled because of weather, an emergency, etc. But here only lack of agenda items is noted. Section 5 Notice of Meetings can be streamlined. I do not SEE that the newspaper is involved any longer, and the only real notice is via the NewsFlash, which is emailed out to all people who get City of PA newsflash emails, and it is on the website, and it should also be on the seconda calendar (which is unreliable, thus far, but it's a nice idea). Is there a physical place (bulletin board/corkboard) where notices are posted? And, IS the meeting agenda, etc, available printed when/if the PC meets in the council chambers? I think the last line of #5 is, besides a run on sentence, should be streamlined. I mean (come on) the length of this sentence makes it pretty daunting: "However, no official action may be taken on any matter at a Planning Commission meeting which is not included on the agenda for that meeting or which has been added to the agenda after it has been received by the Planning Commission members, except that this requirement may be suspended at any meeting by the unanimous vote of the members present at the meeting." So, basically, "Official Action must be included on the agenda prior to the meeting, unless added by unanimous vote of members present at the meeting." Should suffice. Why have 62 words where there can be 20? (..unless someone is being paid by the word) The overall OVER WORDY quality of the document makes it difficult to fully understand by people who don't read this nonsense all the time. I mean, it all really boils down to "by unanimous vote of the members present" really defines where powers are. Section 8 is unclear regarding "operational guidelines" in that haven't much of these requests for zoning, annexations, vacations.. etc., been moved to the Hearing Examiner, and these decisions no longer are part of the Planning Commission. April 14, 2021 PC Agenda Packet, Pg.18 I think the real purpose, scope, powers of the Planning Commission are a bit confusing with a Hearing Examiner, and these should be updated. Because the Planning Commission doesn't DO hearings, at all (from what I can tell), the entire nonsense of (f) "not commence a new hearing after 10pm" is irrelevant. Likewise, the Section 9 Public Hearing Procedure is all about hearings. regarding zoning issues, and I have absolutely no idea what has changed since the Hearing Examiner has taken over this And, why does the Hearing Examiner operate completely independently, and/or there procedures for that entity? As a member of the public, I find this to be a very gray area, and unclear..and I would find it difficult to understand what the differences are between the two bodies, as MOST towns use the Planning Commission as it is outlined in Section 8 and 9 here. There doesn't seem to be any crossover between the two. Where are the bylaws of the Hearing Examiner, or the operating procedures. How can a citizen who has an issue with the decisions of the Hearing Examiner appeal? Is there any way that can be done? I'm so unclear as to how it is all set up it is very concerning. Does the Planning Commission hear anything relating to issues with zoning? That is the original intent and mission, to give citizens the power to be heard in city government via a body of other citizens. What is our scope and mission? Do we have goals? Re: Committees.... there needs to be more here. The entire issue of the purpose, and reporting of committees as well as purpose and scope really need to be more fully explained. Sorry this is late. I've been traveling. Marolee Smith April 14, 2021 PC Agenda Packet, Pg.19 Parks and Recreation Chapter Example Key Objectives: Evaluate the Parks and Recreation chapter on how well it integrates climate change and resiliency. Identify additional opportunities and risks of integrating climate change in future iterations of the Parks and Recreation chapter. Strengths Weaknesses •Parks and Recreation promotes outdoor engagement. More outdoor use heightens people’s sensitivity to climate change. o Promoting walking and biking has potential to reduce vehicle use. •One policy reflects climate change goals: o P-10D.01 •There is no explicit wording related to climate change in this chapter. •No examples of resiliency Opportunities Threats •There are opportunities to increase park use and enjoyment as climate changes: o Increase sheltering like overhangs and trees if precipitation increases. o Increase sheltering like overhangs and trees if precipitation decreases. o Re-enforce shoreline to protect against rising sea levels •Allow rain gardens where appropriate land exists. Streets create huge amounts of run off. City could use its assets to its advantage. Parks are not typically in use when it is raining anyway. Bring in more birds to parks. Small depressions on edges of parks can provide more attractive features with native vegetation. •Parks and Recreation is concerned with the interaction of individuals with the outdoor environment. Climate change directly impacts this. •If “climate change” or other similar vocabulary isn’t explicitly included, there is the risk that climate change and resiliency will be overlooked in the implementation of the Comp Plan. April 14, 2021 PC Agenda Packet, Pg.20 Transportation Chapter Key Objectives: Evaluate the Transportation chapter on how well it integrates climate change and resiliency. Identify additional opportunities and risks of integrating climate change in future iterations of the Transportation chapter. Strengths Weaknesses •There is a policy that specifically mentions development of low carbon impact transportation. o P-4A.04 •Policy P-4B.14 explicitly mentions climate change. •Even when climate change isn’t mentioned, there are many climate-relevant or adjacent vocabulary that suggests that climate resiliency is prioritized in this chapter. o P-4A.01 o P-4A.02 o P-4A.03 •None of the goals have explicit mention of climate change or climate resiliency. Opportunities Threats •Opportunities to promote alternate modes of transportation that directly affect climate change. •Identify ways to make pedestrian and bike travel safer, easier, and more pleasurable through routes that users want to take. o Connect pedestrian and bike paths from west side of town to east side of town and downtown. o Create paths away from traffic over Valley Creek and Tumwater Creek to connect Lincoln Park to waterfront. •If “climate change” or other similar vocabulary isn’t explicitly included, there is the risk that climate change and resiliency will be overlooked in the implementation of the Comp Plan. •Policy P-4B.09 is not consistent with the rest of the chapter because it describes requiring off street parking. This encourages driving by ensuring excess parking infrastructure increases vehicle use and traffic. Multi-modal transportation reduces need for parking. o Remove this policy. April 14, 2021 PC Agenda Packet, Pg.21