HomeMy WebLinkAboutPC Agenda Packet 2022-09-28
AGENDA
PLANNING COMMISSION
Virtual Meeting
Attend Live Meeting Here: https://www.cityofpa.us/984/Live-Virtual-Meetings
September 28, 2022
6:00 p.m.
I. CALL TO ORDER
II. ROLL CALL
III. PUBLIC COMMENT
IV. APPROVAL OF MINUTES
Minutes of the September 14, 2022 Regular Meeting
V. ACTION ITEM
1. Draft Ordinance creating Port Angeles Municipal Code Section 17.96.055
Discussion of alternatives identified by staff, followed by a presentation of the draft
ordinance considered by the City Council on September 20, 2022 for Planning Commission
review, yielding a recommendation to City Council.
VI. DISCUSSION
1. Allowance of Temporary Homeless Shelter Uses
Discussion of the City Council’s September 20, 2022 motion to consider allowing temporary
homeless shelter uses in permitted community centers without the need for a conditional use
permit.
2. Continued Discussion of proposed changes to Port Angeles Municipal Code Title 17
Discussion of staff memorandum providing itemized feedback and recommendations in
response to the Commission’s proposal to proceed with implementation of amendments to
Title 17 of the Port Angeles Municipal Code aimed at advancing housing solutions. This item
is continued from the September 14, 2022 regular meeting of the Planning Commission.
VII. STAFF UPDATES
VIII. REPORTS OF COMMISSION MEMBERS
IX. ADJOURNMENT
September 28, 2022 Planning Commission Agenda Packet Page 1 of 65
MINUTES
PLANNING COMMISSION
Virtual Meeting
Port Angeles, Washington 98362
September 14, 2022 6:00 p.m.
REGULAR MEETING
CALL TO ORDER
Acting Chair Schwab opened the regular meeting at 6:03 P.M.
ROLL CALL
Commissioners Present: Tammy Dziadek, Andrew Schwab (Acting Chair), Marolee Smith,
Colin Young
Commissioners Absent: Richie Ahuja, Benjamin Stanley (excused)
City Staff Present: Ben Braudrick (Senior Planner)
Chris Cowgill (Assistant City Attorney)
Holden Fleming (Housing Coordinator)
Norman Gollub (Interim Director of Community and Economic
Development)
Zach Trevino (Assistant Planner)
Public Present: James Taylor
PUBLIC COMMENT
Acting Chair Schwab opened the meeting to public comment.
No member of the public provided comment.
Acting Chair Schwab closed the meeting to public comment.
APPROVAL OF MINUTES
Commissioner Smith moved to approve the minutes from the August 10, 2022 regular meeting of
the Planning Commission. Commissioner Dziadek seconded. The motion passed unanimously (4-
0).
DISCUSSION ITEM
1. Continued discussion of proposed changes to Port Angeles Municipal Code Title 17
Presentation of staff memorandum providing itemized feedback and recommendations in
response to the Commission’s proposal to proceed with implementation of amendments to Title
17 of the Port Angeles Municipal Code (PAMC) aimed at advancing housing solutions.
Acting Chair Schwab introduced the item and turned the discussion over to staff.
Planner Braudrick introduced the continued discussion about the Commission’s
recommendations for changing the Zoning Code to encourage more housing. He explained that,
September 28, 2022 Planning Commission Agenda Packet Page 2 of 65
Planning Commission Minutes
September 14, 2022
Page 2
while staff has not prepared a new presentation, they have thoroughly reviewed the proposed
language as originally presented by former Commissioner Stephen Luxton and addressed each of
the proposed changes in a memorandum. This memorandum, included in the September 14th
Planning Commission Agenda Packet, includes staff’s comments and feedback on each of the
proposed changes to Title 17 PAMC, as they were originally presented to the Commission at the
July 13th Planning Commission meeting. This memorandum was intended to facilitate further
discussion of the proposal. Planner Braudrick reminded the Commission that Chair Stanley had
asked at the August 10th meeting whether the Commissioners had any further input about changes
that could be made to Title 17 PAMC.
Following staff’s introduction, Acting Chair Schwab opened the discussion to the Commissioners.
He noted that, since Chair Stanley and Commissioner Ahuja wanted to discuss the proposed
changes as well, that it may be ideal to table further discussion until the next meeting so they have
the change to participate in the conversation.
Commissioner Dziadek explained that she has been reading about these issues. She noted that one
book, Golden Gates by Conor Dougherty, contains recommendations for zoning reform, including
the elimination of single-family zoning, as well as the construction of more affordable housing to
stem displacement. Another book she is reading, Evicted by Matthew Desmond, identifies the
significant problem of eviction that cities across the country are facing.
Commissioner Young stated that he would withhold his comment until the absent Commissioners
are able to participate in the discussion.
Commissioner Smith stated that she liked what she read and found it interesting but wants
additional time to review the memorandum more thoroughly. Responding to Commissioner
Dziadek’s raising of the topic of eviction, she noted that one problem facing Port Angeles is that
many people have moved to the City from out of the area, purchased inexpensive multi-family
homes, raised the rental rates, and pushed existing tenants out. No law prevents this from
happening, but it will continue to become a larger problem here and elsewhere in the county. This
raising of rental rates has the effect of changing the whole landscape of the community. She
explained that she looks forward to hearing the other Commissioners’ thoughts on this matter.
Acting Chair Schwab noted that the Commission expects for this item to be placed on the next
Planning Commission meeting agenda for continued discussion by all Commissioners.
STAFF UPDATES
Planner Braudrick provided updates to the Commission, as follows:
• On September 6, 2022, Staff provided an informational memorandum to the City Council
explaining the steps that have been taken so far in the Planning Commission’s effort to amend
Title 17 PAMC. The memorandum included an overview of the steps that will need to be taken
in the future as part of this effort, for the purpose of informing the City Council of the
anticipated process. The goal of including the memorandum was to make the Council aware
that this effort will be added to their work plan and eventually move forward for their formal
review and decision.
• At the September 6, 2022 City Council meeting, the Council added a late agenda item directing
staff to analyze how the City can include provisions for religious organizations to allow for
emergency shelter and temporary housing on their properties. As a result of this direction, staff
prepared a memorandum outlining several alternative approaches to accomplishing this.
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Planning Commission Minutes
September 14, 2022
Page 3
Planner Braudrick noted that the item would be placed on the September 20th City Council
meeting agenda, with the agenda being made available online on September 16th.
Commissioner Smith stated that she thought Washington State law allows churches to
establish whatever type of housing they want on their property without a city preventing it.
Planner Braudrick responded that this is correct, as long as public safety and proper sanitation
are ensured. Commissioner Smith noted that this relates to allowing recreational vehicles
(RVs) to be used as dwelling units on private property. Planner Braudrick noted that there is
potential for further consideration of that, but at this point there has been no focus on the
temporary use of RVs outside of the conditional use permit process that religious organizations
would be subject to.
Commissioner Smith asked whether the parking of RVs on City property is included in this
analysis of temporary housing provided by religious organizations. Planner Braudrick
responded that the discussion of RVs on public property as part of “safe parking areas” is more
of a regional discussion. It is possible that an area could be designated for that type of use,
subject to applicable safety measures. Planner Fleming added that whatever requirements and
framework the Council adopts enabling religious organizations to house the homeless on their
property could be utilized to allow for safe parking structures. He has spoken about this matter
with Clallam County and local organizations, through which he has been able to determine that
safe parking areas on public property would likely be addressed in a similar process to what is
being discussed regarding religious organizations. Commissioner Smith noted that she had
contacted every church in Port Angeles twelve years ago to assess their interest in entertaining
an initiative to provide temporary housing on their property. At the time, they were resistant to
the idea, so she hopes that outreach is occurring now to obtain their support.
• Staff will be creating a special meeting for the Commission on September 29th to enable the
Commissioners to attend the Washington State Department of Commerce’s Short Course on
Local Planning, scheduled for Thursday, September 29th from 6:00 PM – 9:00 PM.
• The façade of the Lee Plaza Building owned by the Peninsula Housing Authority is being
updated, and a façade grant application has been submitted, which staff anticipates being
presented to the Planning Commission at an upcoming meeting.
• A request for applications for filling the vacant Planning Commission seat will be distributed
to the public by the City Clerk soon. Any candidate that has already expressed interest to the
City regarding the vacant position will be contacted.
• The City’s Housing Coordinator provided a presentation on September 14th to the Association
of Washington Cities, which included an overview of the Planning Commission’s activities
aimed at increasing housing availability in the City.
Planner Fleming provided an update to the Commission, as follows:
• The presentation he provided on September 14th to the Association of Washington Cities was
a productive conversation. He noted that the Planning Commission’s work makes a positive
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Planning Commission Minutes
September 14, 2022
Page 4
and noticeable impact on the community. The City serves as a leader statewide, and local
jurisdictions such as the City of Sequim seek advice from the City of Port Angeles.
REPORTS OF COMMISSION MEMBERS
Acting Chair Schwab reminded the Commission that individual Commissioners cannot attend
City Council meetings and speak during the public comment period on behalf of the Planning
Commission unless they are sent to the meeting as a representative of the Commission through an
approved motion. However, individual Commissioners may attend public meetings and comment
as private citizens, as long as they specify that they are no t speaking as a representative of the
Commission when doing so.
Commissioner Dziadek expressed her intent to read as much as she can to increase her knowledge
and better serve the City. One book she plans on reading is The Color of Law by Richard Rothstein.
Planner Braudrick responded by stating that staff could provide a reading list to the Commission
of suggested educational resources.
PUBLIC COMMENT
Acting Chair Schwab opened the meeting to public comment for a second time.
James Taylor provided comment, stating that he had submitted an application for membership on
the Planning Commission in 2021, so is monitoring the status of the current vacancy so he can
resubmit his application at the appropriate time.
Acting Chair Schwab closed the meeting to public comment.
ADJOURNMENT
Commissioner Young made a motion to adjourn the meeting. Commissioner Smith seconded
the motion. The motion passed unanimously (4-0).
The meeting adjourned at 6:38 p.m.
Zach Trevino, Secretary Andrew Schwab, Acting Chair
MINUTES PREPARED BY: Zach Trevino, Secretary
September 28, 2022 Planning Commission Agenda Packet Page 5 of 65
CITY COUNCIL MEETING
Port Angeles, Washington
September 20, 2022
This meeting was conducted virtually.
CALL TO ORDER-REGULAR MEETING
Mayor Dexter called the regular meeting of the Port Angeles City Council to order at 6:00 p.m.
ROLL CALL
Members Present: Mayor Dexter, Deputy Mayor Meyer, Council Members Carr, French, McCaughan, Schromen-
Wawrin and Suggs.
Members Absent: None.
Staff Present: City Manager West, Attorney Bloor, Deputy Clerk Curran, B. Smith, S. Carrizosa, C. Delikat, M.
Sanders, N. Gollub, G. King, and K. Hatton
PLEDGE OF ALLEGIANCE
Mayor Dexter led the Pledge of Allegiance to the Flag.
PUBLIC COMMENT
Linda Snyder, city resident, spoke in support of religious institutions to provide shelter to the homeless.
Roberta Baldwin Stoneman, residing outside the city, spoke in opposition to logging of the Little River forests.
Susan Hillgren, business owner in the city, spoke in support of religious institutions to provide shelter to the homeless
without an additional use permit.
Irene (no last name provided), spoke in support of religious institutions to provide tiny homes to the homeless.
Ron Erickson, city resident, spoke in support of religious institutions to provide tiny homes to the homeless.
Julia McCord, city resident, spoke in opposition to logging in the Aldwell and Elwha legacy lands.
Tyson Minck, residing outside the city, spoke in opposition to the Aldwell timber sale on Little River Road.
Charlie Comrie, city resident, spoke in support of religious institutions to provide tiny homes to the homeless.
Kim Chapman, city resident, spoke in support of religious institutions to provide shelter to the homeless.
Elizabeth Dunn, spoke in support of protection of the Aldwell forest and Elwha river valley, and to pause the auction
of those lands.
Patricia Jones, speaking on behalf of the Olympic Forest Coalition, spoke in support of the delay of the auction of
Aldwell forest.
Ed Chadd, city resident, spoke to the DNR proposed timber sales on the Olympic Peninsula and forest management.
Joe DeScala, city resident, spoke in support of religious institutions to provide shelter to the homeless.
Mayor Dexter invited guests to present.
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PORT ANGELES CITY COUNCIL MEETING – September 20, 2022
Page 2 of 4
OTHER CONSIDERATIONS
1. Peninsula Trails Coalition-RAISE Grant
Mayor Dexter introduced Peninsula Trails Coalition President Jeff Bohman who provided information on the Great
American Rail Trail, and introduced the Coalition’s proposal to pursue the RAISE Grant to expand the trail through
all jurisdictions in the scope of area provided on maps. Council discussion followed.
2. Joint Public Safety Facility Project Management Agreement
Manager West provided information regarding the Joint Public Safety Facility project and provided background
material on the MOU outlining the partnership between Clallam County and the City of Port Angeles. The agreement
covers only the design phase 2 of the project, and further ensures both parties will share the role of site selection, as
well as clearly defines the roles for the City and County. Chief Smith confirmed the agreement includes City staff
input. Council discussion followed.
It was moved by McCaughan and seconded by French to:
Approve the Management Agreement for the Joint Public Safety Facility Project between the City of Port Angeles
and Clallam County, authorize the City Manager to sign the same, and authorize the City Manager to make minor
modifications to the Agreement as appropriate to accomplish the purposes of the project.
The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 7-0.
LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS
The Mayor added Letter to Request DNR to Delay Timber Auction to allow City to Review Impacts to Water, Climate
Action Plan, and Carbon Offset discussion to the agenda as Other Considerations item I-4.
CONSENT AGENDA
It was moved by McCaughan and seconded by Carr to approve the Consent Agenda to include:
1. Expenditure Report: From August 27, 2022 and September 9, 2022 in the amount of $1,706,727.62 / Approve.
2. Bonneville Power Administration Energy Conservation Agreement Amendment No. 2 / Approve and authorize
the City Manager to sign the Energy Conservation Agreement Amendment No. 2 – Contract No. 17ES-11536
with the Bonneville Power Administration. Approve and authorize the City Manager to make any subsequent
amendments or minor modifications to the Energy Conservation Agreement.
The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 7-0.
Mayor recessed the meeting for a break at 7:01 p.m. The meeting reconvened at 7:06 p.m.
ORDINANCES NOT REQUIRING COUNCIL PUBLIC HEARINGS
1. Religious Organizations Sheltering People Experiencing Homelessness
Interim CED Director Gollub introduced the ordinance that addresses homeless encampments, and provide options
that are safe, sanitary and healthy. Senior Planner Ben Braudrick provided information on the four alternatives for
sheltering people experiencing homelessness, and reviewed the code and existing conditions required for religious
organizations to provide services to the homeless. Housing Coordinator Holden Fleming provided background on the
important historic and current role that religious organizations serve to the homeless in the community. Council
discussion followed.
It was moved by Schromen-Wawrin and seconded by Carr to:
Amend the ordinance by, in draft PAMC 17.96.055(1)(B), adding "permanent" before "facilities," and adding to the
end of that subsection, "Permanent facilities are permanently affixed to land. All other facilities do not require any
city permits."; do a first reading of the draft ordinance tonight; direct our staff to forward the draft ordinance creating
a new section of code titled 17.96.055 to Planning Commission at the Commission's next meeting, for review and
recommendation to Council; and pass the resolution as written regarding hosting people experiencing homelessness
by religious organizations.
Per that motion, the draft ordinance on PDF page 59 (bates stamp page G-31) is modified so that subsection (1)(B)
reads in full: "A religious organization that intends to host permanent facilities for sheltering the homeless shall first
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PORT ANGELES CITY COUNCIL MEETING – September 20, 2022
Page 3 of 4
obtain a Conditional Use Permit. Permanent facilities are permanently affixed to land. All other facilities do not
require any city permits."
Mayor Dexter read the resolution by title, entitled,
RESOLUTION NO. _____
A resolution of the City of Port Angeles, Washington regarding hosting the homeless by religious organizations.
It was moved by French and seconded by Carr to:
Recommend to the Planning Commission a discussion making temporary homeless uses allowable uses for community
centers without a conditional use permit.
After a roll call vote, the motion passed 5-2 with Dexter and Meyer opposed.
Mayor recessed the meeting for a break at 8:50 p.m. The meeting reconvened at 8:56 p.m.
OTHER CONSIDERATIONS CONTINUED
3. City Council Virtual vs. Hybrid Meetings
Manager West provided background information regarding bringing back a discussion to address in-person meetings
and at a minimum to continue to offer a hybrid meeting option. This would apply to all Boards and Commissions.
Attorney Bloor clarified the City already has a system in place to provide for hybrid meetings. Council discussion
followed.
4. Letter to Request DNR to Delay Timber Auction to allow City to Review Impacts to Water, Climate
Action Plan, and Carbon Offset.
Manager West provided information and sent notice to DNR requesting a review of the Aldwell forest land and
believes the harvest could impact City water supply. The City requests time to review. Council discussion followed.
It was moved by Suggs and seconded by Schromen-Wawrin to:
Submit a letter on behalf of City Council to DNR to delay the Aldwell timber harvest, and request that the forest be
considered for the carbon offset program and to allow the City to review impacts to watershed and Climate Action
Plan policies implemented.
The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 7-0.
SECOND PUBLIC COMMENT
No comments were received.
CITY COUNCIL REPORTS
Council member McCaughan spoke of the Port Angeles Public Access streaming schedule.
Council member Suggs spoke of a Clallam County MRC meeting.
Council member Schromen-Wawrin spoke of an invitation for a recycling tour in British Columbia, Canada, the North
Olympic Development Council September conference, gave thanks to Housing Coordinator Holden Fleming for co-
presenting at the Housing & Zoning Council, participated in the Week Without Driving event, and WA Tax Structure
Work Group meeting.
It was moved by Schromen-Wawrin and seconded by Carr to:
Add Council member French as a second alternate for the Clallam Transit System Board.
The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 7-0
Council member French spoke about attended the Utility Advisory Committee meeting, Elevate PA meeting, and
Lodging Tax Advisory Committee meeting.
September 28, 2022 Planning Commission Agenda Packet Page 8 of 65
PORT ANGELES CITY COUNCIL MEETING – September 20, 2022
Page 4 of 4
It was moved by Meyer and seconded by Schromen-Wawrin to:
Extend the City Council meeting until Council and City Manager reports have concluded.
The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 7-0
Council member Carr spoke about a local NODC event and opportunities, and the Board of Health meeting.
Mayor Dexter shared thanks to the Police Department for this week’s efforts, attended the MRSC meeting, guest on
the KONP show tomorrow, and Feiro Marine Life Center Board meeting this week.
No other reports were given.
INFORMATION
Manager West spoke regarding the reports included in the packet and reminded Council of the Madrona Law Group
Work Session scheduled for September 27, 2022.
ADJOURNMENT
Mayor Dexter adjourned the meeting at 10:10 p.m.
_____________________________________ _______________________________
Kate Dexter, Mayor Sherry Curran, Deputy Clerk
September 28, 2022 Planning Commission Agenda Packet Page 9 of 65
Date: September 20, 2022
To: City Council
From: Norm Gollub, Interim Director of Community and Economic Development
William Bloor, City Attorney
Subject: Options regarding Requirements or Restrictions on Religious Organizations Practicing
their Faith by Sheltering People Experiencing Homelessness
Background / Analysis: Religious and not-for-profit organizations have historically taken on the
responsibility to feed, clothe, and provide temporary shelter to unhoused people in the United States. The
city recognizes that homelessness is an emergent problem within the city and that there need to be places
where persons experiencing homelessness can go for emergency shelter, and religious organizations often
provide such temporary emergency housing services. Emergency shelters should provide a safe
environment for those using them.
The City, religious organizations hosting facilities, and homeless service providers need to work together
to ensure that those utilizing emergency shelter, and residents surrounding the shelters are safe, and that
potential negative effects are limited. Homelessness is a community problem, and the City wants to work
with organizations who seek to help those experiencing homelessness by providing appropriate
emergency shelter space and services.
This topic raises a number of competing interests, rights, and concerns, including:
• The government may not place a substantial burden upon the exercise of a sincerely held
religious belief; however the Washington Supreme Court has held that land use restrictions on
Summary: By a motion unanimously adopted at the meeting on September 6, 2022, Council
expressed its firm intention that, while the City must comply with state law, the City, in its
ordinances and regulations, should not erect any additional barriers that would prevent or limit
religious organizations from practicing their faith by sheltering people experiencing homelessness
or housing the poor, except necessary health, sanitation, and life-safety measures. In response to
that motion, staff has also worked to provide Council with four alternatives to the requested
ordinance.
Update For Planning Commission: The City Council made two motions for alternatives 2 and
3 concerning this agenda item. Any motions or changes are provided in red text.
Funding: N/A
Recommendation: Staff suggests that no additional code is necessary because state law already
governs and assures liberties for the religious organizations to support unhoused, and the City’s
ordinances and regulations do not erect any additional barriers. In lieu of a single option to adopt an
ordinance, staff has prepared four alternatives for council’s consideration. Staff recommends that
Council discuss the four (4) alternatives provided and select the preferred appropriate action.
September 28, 2022 Planning Commission Agenda Packet Page 10 of 65
churches are valid so long as the restriction serves a compelling government interest and is the
least restrictive means of achieving that interest.
• The interests of neighbors should be acknowledged. Housing the homeless can affect neighbors
who live nearby in ways that religious services inside the church buildings do not.
• Housing for those experiencing homelessness should be as sanitary, healthy, and safe, as any
others.
In reviewing the task to draft an ordinance staff developed four alternative actions that the City Council
could follow to achieve the desired outcome.
Alternative 1: No Action
Due to State RCW and conditional use permitting processes already in place that ensure religious liberty
and the allowance of temporary sheltering of unhoused peoples that protects necessary life safety,
sanitation, and impacts to surrounding residents, business owners, and property owners, staff finds that no
action need be taken to ensure the outcomes Council has requested are realized.
Religious places of worship are defined under Section 17.08.020.C “Community center” PAMC.
Community Centers are allowed as a conditional use in the R7, R9, and R11 Residential Low Density and
RMD/RHD Residential Medium/Residential High Density zones. The following table designates the
permitted (P) or conditional use (C) of supportive housing uses in the City’s commercial zones:
Table 17.20.020
Principal uses permitted in commercial zones
Principal Use CBD CA CSD CN CO Condition/Reference
Supportive Housing
Permanent supportive
housing
C C P P C Must be designed as one of the dwelling
unit types permitted in the zone.
Transitional housing P P P C C Must be designed as one of the dwelling
unit types permitted in the zone.
Emergency housing P P C C C
Emergency shelter P P C C C
Community Centers are not an allowed, accessory or conditional use in the IL, Industrial Light and IH,
Industrial Heavy zones.
The Conditional Use process is governed by Section 17.96.050 PAMC. Minor amendments to approved
conditional use permits are governed by Section 17.96.070.F PAMC. These regulations are in place to
allow for the review of any land use proposal that has been deemed to have impacts to ensure the use
maintains the maximum degree of compatibility between uses shall be attained in the zone it is in. This
includes life safety, sanitation, and the abatement of potential nuisances. It is the professional
recommendation of staff that the conditional use permit and minor amendment to a conditional use
process are adequate to ensure that life safety and sanitation are maintained by any supportive housing
proposal by any property owner in the above zones that allow supportive housing conditionally.
Supportive housing proposed in commercial zones where the use is allowed would go through the
building permitting application process. A conditional use permit and amendments not meeting the minor
amendment criteria provided in Section 17.96.100.F are subject to public hearing and have a timeline of
6-8 weeks. The minor amendment and building permitting processes are administrative and have a
September 28, 2022 Planning Commission Agenda Packet Page 11 of 65
timeline of 4-6 weeks. Below is an example of a proposed amendment to a conditional use permit (CUP
01-01) by Serenity Housing of Clallam County for the construction of supportive housing approved by
the Hearing Examiner in 2020:
Conditional Use Permit Application No. 20-55 (see Attachment 1) was submitted to the City by Sharon
Maggard on behalf of Serenity House of Clallam County on September 24, 2020 and deemed complete on
October 30, 2020. The proposal sought to allow construction of a 40-foot by 50-foot building, which
would expand shelter capacity at the existing Serenity House site, and to allow designated areas for five
tent sites in the northwest corner of the property and five overnight vehicle camping sites within the
existing parking lot, at 2321 W. 18th Street. The Hearing Examiner held an open record hearing on the
request on December 16, 2020, where thirteen individuals, including City Staff, Clallam County staff, the
applicant’s representative, employees of Serenity House and other social service organizations all
provided testimony. The permit was approved with five conditions, none of which addressed changes to
the applicant’s proposal, although a Mitigated Determination of Nonsignificance (MDNS) did require
mitigation measures to the approved proposal. A copy of the Hearing Examiners decision and associated
MDNS 1427 are attached to this memo as Attachment 2.
If chosen, staff recommends: City Council make a motion for no further action on this item based
upon the existence of RCW 35A.21.360 and conditional use permit and amendment processes.
Alternative 2: Ordinance to amend Title 17 – Motion with amendments passed 5-2
To a large extent the regulation of hosting the homeless by religious organizations is already regulated as
to code cities by RCW 35A.21.360 (provided as Attachment 3), which provides for a number of
safeguards to ensure that cities do not use development regulations or ordinances to impose conditions
other than those necessary to protect public health and safety and substantially burden the decisions of a
religious organization with respect to hosting the homeless.
In response to the motion made by City Council on September 9, staff has drafted an ordinance amending
Title 17 to recognize both RCW 35A.21.360 and religious organizations’ liberty to provide these services.
See attached. It formally designates the City’s existing Conditional Use Permit process as the procedure
that best ensures that the exercise of religious beliefs of the church members is not unduly burdened,
while also assuring necessary lifesaving and sanitation measures; and protecting the rights of residents
living nearby the churches.
Amendments to Title 17 are governed by Section 17.96.100 PAMC. Section 17.96.100.B dictates that
"Any amendments adopted by the City Council may be modified from the form in which they were
advertised within the limits necessary to relate properly such amendment or amendments to the zoning
regulations. Final action on such modifications shall be subject to review and report of the Planning
Commission prior to final passage by the City Council.” Staff recommends that the City Council, at
minimum, motion to publicly notice the amendment in accordance with Section 18.02 PAMC and send
the ordinance to the Planning Commission for review, public hearing, and recommendation to City
Council.
The attached ordinance (Attachment 4) includes a new section of code in Title 17.96 PAMC titled
“17.96.055 - Hosting the homeless by religious organizations”.
If chosen, staff recommends: City Council direct staff to forward the draft ordinance creating a new
section of code titled 17.96.055 to Planning Commission for review and recommendation to Council.
September 28, 2022 Planning Commission Agenda Packet Page 12 of 65
Council Approved Motion:
Amend the ordinance by, in draft PAMC 17.96.055(1)(B), adding "permanent" before "facilities," and
adding to the end of that subsection, "Permanent facilities are permanently affixed to land. All other
facilities do not require any city permits."; do a first reading of the draft ordinance tonight; direct our staff
to forward the draft ordinance creating a new section of code titled 17.96.055 to Planning Commission at
the Commission's next meeting, for review and recommendation to Council; and pass the resolution as
written regarding hosting people experiencing homelessness by religious organizations
Per that motion, the draft ordinance on PDF page 59 (bates stamp page G-31) is modified so that
subsection (1)(B) reads in full: "A religious organization that intends to host permanent facilities for
sheltering the homeless shall first obtain a Conditional Use Permit. Permanent facilities are permanently
affixed to land. All other facilities do not require any city permits."
Alternative 3: Resolution Regarding Hosting the Homeless by Religious Organizations – Included in
motion for amended Alternative 2.
Due to the existence of State RCW 35A.21.360, staff has provided a resolution (Attachment 5) that will
demonstrate City Council interest in demonstrating its support for religious organization’s role in
supporting people in the community experiencing homelessness. The resolution will provide policy
guidance for staff in their role in ensuring public safety and sanitation of submitted proposals are followed
in accordance with the above RCW.
If chosen, staff recommends: City Council pass the resolution as written.
Alternative 4: Adoption of ordinance based upon municipal code from other Washington municipalities
In order to provide a comprehensive analysis of codes regulating supportive housing, City staff reviewed
code sections from municipalities across Washington State. Staff has provided two examples of
temporary encampment municipal code regulations from the Cities of Monroe and Woodinville. These
represent different approaches to facilities for sheltering the homeless.
If chosen staff recommends: City Council adopt a motion directing staff to further review these code
sections and provide a larger municipal code section beyond the provided ordinance that directly
regulates the process and requirements for emergency supportive housing; to publicly notice the
amendment in accordance with Section 18.02 PAMC; and send the ordinance to the Planning
Commission for review, public hearing, and Council recommendation.
Funding: N/A
Attachments:
Attachment 1: Serenity House Conditional Use Permit
Attachment 2 Mitigated Determination of Non-Significance
Attachment 3 RCW 35A.21.360
Attachment 4 Draft Ordinance,
Attachment 5 Draft Resolution
Attachment 6 City of Woodinville Temporary Encampment Municipal Code Sections.
September 28, 2022 Planning Commission Agenda Packet Page 13 of 65
Attachment 7 City of Monroe Temporary Encampment Municipal Code Sections.
September 28, 2022 Planning Commission Agenda Packet Page 14 of 65
Findings, Conclusions, and Decision
City of Port Angeles Hearing Examiner
Serenity House Expansion CUP, No. PZ 20-55
Page 1 of 18
BEFORE THE HEARING EXAMINER
FOR THE CITY OF PORT ANGELES
In the Matter of the Application of ) No. PZ 20-55
)
Sharon Maggard, on behalf of ) Serenity House Expansion CUP
Serenity House of Clallam County )
)
) FINDINGS, CONCLUSIONS,
For a Conditional Use Permit ) AND DECISION
SUMMARY OF DECISION
The request for a conditional use permit to allow construction of a 40-foot by 50-foot building,
which would expand shelter capacity at the existing Serenity House site, and to allow designated
areas for five tent sites in the northwest corner of the property and five overnight vehicle
camping sites within the existing parking lot , at 2321 W. 18th Street, is APPROVED.
Conditions are necessary to mitigate specific impacts of the project.
SUMMARY OF RECORD
Hearing Date:
The Hearing Examiner held an open record hearing on the request on December 16, 2020, using
remote technology in light of the ongoing COVID-19 pandemic.
Testimony:
The following individuals presented testimony under oath at the open record hearing:
Emma Bolin, City Community Development Manager
Allyson Brekke, City Community and Economic Development Director
Mike Sanders, City Fire Marshal
Sharon Maggard, Applicant Representative
Bob Larson, Serenity House of Clallam County Board of Directors Vice President
Kevin LoPiccolo, Clallam County Department of Health and Human Services Interim Director
Robin Bogart
T. Scott Brandon, Olympic Peninsula Community Clinic Executive Director
Viola Ware
Randy Johnson, Clallam County Commissioner
Bob Dunlap, Serenity House of Clallam County Board of Directors President
Jackie Gusso
Daniel Montana
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Findings, Conclusions, and Decision
City of Port Angeles Hearing Examiner
Serenity House Expansion CUP, No. PZ 20-55
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Exhibits:
The following exhibits were admitted into the record:
1. Staff Report, dated December 9, 2020
2. Application Materials:
a. Conditional Use Permit Application, received September 29, 2020
b. State Environmental Policy Act (SEPA) Cover Page, received September 29,
2020
c. Project Narrative, undated
d. SEPA Environmental Checklist, dated September 23, 2020
e. Site Photographs, undated
f. Building Plan sketch, dated August 26, 2020
g. Site Plan, dated June 30, 2020
h. 300 Foot Radius Map and Mailing Labels
3. Letter of Incomplete Application, dated October 15, 2020; Letter of Complete
Application, dated October 30, 2020
4. Notice Materials:
a. Notice of Application and Public Hearing
b. Classified Proof, Peninsula Daily News, dated November 10, 2020, with ad
published November 13, 2020
c. 300 Foot Radius Map and Mailing Labels
d. Agency and City Department Routing List, with notice email from Emma Bolin,
dated November 13, 2020
e. Certification of Noticing, dated December 8, 2020
f. Noticing Materials Final Audit Report, dated December 8, 2020
5. City Department Comments:
a. Comment from Mike Sanders, Assistant Chief/Fire Marshal, dated October 6,
2020
b. Comment from Eric Walrath, Public Works Engineering, dated November 25,
2020
c. Comment from Jim Lierly, City Building Inspector, dated November 24, 2020
d. Comment from Angel Torres, City Electrical Engineer ing Specialist, dated
November 23, 2020
e. Comment from Eric Walrath, Public Works Engineering, dated October 7, 2020
f. Comment from Brian Smith, City Police Department , dated November 23, 2020
g. Comment from Angel Torres, City Electrical Engineering Specialist, dated
November 30, 2020
6. SEPA Mitigated Determination of Nonsignificance (MDNS), dated December 1, 2020;
MDNS Final Audit Report, dated December 1, 2020
7. SEPA Comments:
a. Comment from Washington State Department of Ecology, dated November 24,
2020
b. Comment from Julian Prosser, dated November 27, 2020
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Findings, Conclusions, and Decision
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Serenity House Expansion CUP, No. PZ 20-55
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8. Comment from John Phillips, dated November 29, 2020
9. Serenity House Project Record (No. CUP 01-10)
10. City Presentation Slides, received December 16, 2020
11. Comment from Amy Miller, undated
12. Email from Sharon Maggard to Emma Bolin re: Count for Vehicles, dated December 16,
2020, with email string
13. Applicant Presentation Slides, received December 16, 2020
14. Comment from Olympic Peninsula Community Clinic, dated December 14, 2020
The Hearing Examiner enters the following find ings and conclusions based on the admitted
testimony and exhibits:
FINDINGS
Background
1. In 2001, Serenity House of Clallam County received a conditional use permit (No. CUP
01-10) allowing it to develop a 4.3-acre property at 2321 W. 18th Street with a 10,364
square foot single-story transitional housing/emergency shelter facility to serve
individuals experiencing homelessness in Clallam County. The 2001 CUP permit
originally allowed for a capacity of 50 beds, with a 70 -bed capacity allowed during short-
term emergency situations. In 2016, the Port Angeles Fire Marshal allowed the facility to
expand its capacity to serve up to 108 residents during emergency situations, such as
extreme weather events, with a standard operating capacity of 78 beds. Due to an
increase in the number of individuals experiencing homelessness in Clallam County in
recent years, together with social distancing guidelines implemented in response to the
ongoing COVID-19 pandemic, the current shelter capacity in Clallam County is
insufficient to meet the demand for transitional housing/emergency shelter services. As
described in more detail below, Serenity House of Clallam County requests a conditional
use permit (CUP) to allow it to expand its shelter capacity at the existing facility to meet
this increased demand. Exhibit 1, Staff Report, pages 2, 15, and 16; Exhibit 2; Exhibit 9;
Exhibit 11, Exhibit 13; Exhibit 14; Testimony of Sharon Maggard; Testimony of Mike
Sanders.
Application and Notice
2. Sharon Maggard, on behalf of Serenit y House of Clallam County (Applicant), requests a
CUP to allow construction of a 40-foot by 50-foot building and to allow designated areas
for five tent sites and five overnight vehicle camping sites at the existing Serenity House
property. The proposed building would be one or two stories depending on the final
design and available funding for the project, which is not yet known. The one-story
building option would allow for the cumulative shelter capacity at the facility to increase
to 148 interior beds, and the two -story building option would allow for the cumulative
shelter capacity to increase to 188 interior beds. The proposed tent camp sites would be
located in the northwest corner of the property, and the proposed overnight vehicle
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Findings, Conclusions, and Decision
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camping sites would be located within the existing parking lot. As noted above, the
property is located at 2321 W. 18th Street.1 Exhibit 1, Staff Report, page 2; Exhibit 2.
3. The City of Port Angeles (City) determined that the application was complete on October
30, 2020. On November 9, 2020, the City posted notice of the application and associated
open record hearing on the property and at designated City locations and mailed notice to
property owners within 300 feet of the subject property. The City also mailed or emailed
notice of the application and associated hearing to reviewing departments and agencies.
The City published notice of the application and associated hearing in the Peninsula
Daily News on November 13, 2020. Exhibit 1, Staff Report, page 4; Exhibit 3; Exhibit 4.
4. The City received several public comments in response to its notice materials. Ben
Phillips submitted a comment opposing the project and expressing concerns about
impacts to the neighborhood from crime, drug, and pollution problems associated with
the facility. Mr. Phillips noted that these problems have been abated in part under the
facility’s current management but expressed concerns that the problems could again arise
with the proposed expansion. Olympic Peninsula Commu nity Clinic (OPCC) submitted
comments supporting the proposed expansion, noting the need for increased shelter beds
to serve unhoused residents of Clallam County. Julian Prosser submitted a comment
specific to the State Environmental Policy Act (SEPA), wh ich is discussed in detail
below. The City also received one agency comment from Washington State Department
of Ecology (DOE) specific to SEPA, which is discussed in detail below. Additionally,
the City received several comments from reviewing City departments that address sewer,
stormwater, and electrical requirements of the project, which would be reviewed during
the building permit stage. Exhibit 1, Staff Report, pages 4, 5, 11, and 12; Exhibit 5;
Exhibit 7; Exhibit 8; Exhibit 11; Exhibit 14.
State Environmental Policy Act
5. The City acted as lead agency and analyzed the environmental impacts of the proposal
under the State Environmental Policy Act (SEPA), Chapter 43.21C Revised Code of
Washington RCW (RCW). The City consolidated notice of the SEPA review and
application comment periods under the optional process provided for by Washington
Administrative Code (WAC) 197-11-355, with a comment deadline of November 27,
2020. The notice materials stated that the City expected to issue a Determination of
Nonsignificance for the proposal. Exhibit 1, Staff Report, pages 4 and 17; Exhibit 4;
Exhibit 6.
6. As noted above, t he City received two comments specific to SEPA in response to its
notice materials. The Washington State Department of Ecology commented that clean
fill must be used for all grading and filling of land and that all debris must be disposed of
at an approved site. Julian Prosser provided comments opposing expansion of the
1 The property is identified by tax parcel number 063099110215. Exhibit 1, Staff Report, page 2.
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Serenity House facility and raising concerns with the Applicant’s SEPA checklist.
Specifically, Mr. Prosser raised concerns that the checklist did not provide information
sufficient to analyze the project’s impacts because it provided for a range of increased
bed occupancy, depending on whether the building would be one or two stories ; that the
checklist did not adequately address the project’s potential noise impacts; and that the
checklist did not adequately address compatibility of the proposed use with existing uses
on adjacent or nearby properties. City staff provided an analysis addressing Mr.
Prosser’s comments. Specifically, staff noted that , when analyzing probable
neighborhood impacts, it considered the maximum occupancy proposed for the project
for purposes of SEPA and the CUP application and determined that there would be no
probable significant environmental impacts with mitigation measures that would include
landscaping/screening, safety features, and quarterly neighborhood engagement meetings.
Staff also determined that noise from traffic and vehicles on-site would not be
significantly different than that associated with residential uses in the neighborhood ; that
noise from the site would not be significantly different with the proposed increased
occupancy and camping uses; that the Applicant’s security staff would continue to
monitor noise levels and remove people that are not complying with the City’s noise and
public disturbance ordinances; that the City’s authority to restrict homeless individuals
from outdoor camping is limited by constitutional considerations; and that, if Serenity
House was a religious organization, state law would restrict the City’s ability to prohibit
it from hosting an outdoor encampment on the property. Exhibit 1, Staff Report, pages 4,
5, and 17; Exhibit 4; Exhibit 6; Exhibit 7.
7. Following the SEPA comment period, t he City reviewed the received comments, the
Applicant’s environmental checklist, and other information on file and determined that,
with seven mitigation measures, the pro posal would not have a probable significant
adverse impact on the environment. Accordingly, the City issued a Mitigated
Determination of Nonsignificance (MDNS) on December 1, 2020, with an appeal
deadline of December 16, 2020. The MDNS was not appealed. Exhibit 1, Staff Report,
pages 4, 5, and 17; Exhibit 4; Exhibit 6; Exhibit 7; Testimony of Emma Bolin.
8. The MDNS includes the following mitigation requirements:
A landscaping plan shall be provided to ensure compatibility with the
adjacent zoning and public safety [including]:
1) Provide a screen capable along the eastern edge of the parking lot
and eastern edge of the tent campsites, so that standing individuals
at or near the adjacent eastern property line do not see activity, and
in such a way that enhances aesthetics of the site with perennial
flowers and shrubs,
2) Delineate tent pad locations and enhance aesthetics of each
campsite, and
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3) Integrate vehicle bollards and landscaping to protect camper life
safety from vehicle collision in such a way that enhances aesthetics
of the site with perennial flowers and shrubs.
The shelter operator shall conduct quarterly neighborhood meetings as
proposed and shall invite the City of Port Angeles Department of
Community Development and Police Department to the meetings.
Prior to submittal of a building permit application for the building
expansion, the proponent shall monitor the percentage of vehicles
compared to overnight guests registered. The shelter operator shall submit
an amended Transportation Demand Manageme nt Assessment to the CED
Director for approval with the building permit application to ensure
adequacy of parking for overnight guests and staff.
The five parking spaces for overnight camping shall be allowed only
within conforming striped spaces. Parking spaces currently do not exist in
the east area where the applicant proposes two overnight parking spaces
and shall be relocated to conforming striped spaces. Signage shall be
installed delineating the parking spaces for overnight vehicle camping.
All parking spaces shall be striped. A revised parking plan shall be
submitted with the building permit application.
Overnight camping vehicles are limited to those that will fit within the 9
feet wide by 18 feet long parking space.
The tent camping area shall be set back a minimum of 15 feet from the
rear property line and five feet from the west side property line. The tent
area shall be identified with signage.
The proposed building shall be limited to 35-feet in height.
Exhibit 6.
Comprehensive Plan, Zoning, and Surrounding Property
9. City staff determined that the property is located in an area within an imprecise margin
between low and medium density residential land use designations under the City
Comprehensive Plan. The Low Density Residential designation is primarily intended to
accommodate single-family homes while allowing for accessory residential units and
duplexes in accordance with the City’s zoning regulations. The Medium Density
Residential designation is intended to encourage development consisting of multiple
residential units, including but not limited to duplexes, townhouses, condominiums, and
apartments. City Comprehensive Plan, Chapter 3. Exhibit 1, Staff Report, page 2;
Testimony of Emma Bolin.
10. City staff identified several goals and policies from the Comprehensive Plan relevant to
the proposal, including:
Managing growth in a responsible manner that is beneficial to the community as a
whole, is sensitive to the rights and needs of individuals, and is consistent with the
Growth Management Act (Chapter 36.70A RCW).
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Encouraging development in urban areas where adequate public facilities and
facilities exist or can be provided in an efficient manner.
Reducing the inappropriate conversion of undeveloped land into sprawling, low-
density development.
Encouraging the availability of affordable housing to all economic segments of
the population.
Encouraging citizen involvement in the planning process.
Creating and maintaining a fulfilling and enjoyable community of viable districts
and neighborhoods with a variety of residential types attractive to people of all
ages, characteristics, and interests.
Employing the district and neighborhood concept when developing residential
land.
Ensuring medium and high-density housing is served by arterial streets of
sufficient size to satisfy traffic demand and to lessen neighborhood traffic
congestion.
Improving circulation patterns across and within the community.
Ensuring that off-street parking is sufficient and ac cessible within business and
residential areas in order not to impair traffic flow.
Providing or allowing the opportunity for services and facilities that enhance the
quality of life for Port Angeles citizens of all ages, characteristics, needs, and
interests.
Locating social services providing home care in residential neighborhoods in a
manner that maintains the character of the immediate neighborhood.
Supporting services and facilities through different levels of participation in
cooperation with other public or private agencies.
Encouraging City participation as a financial partner to support essential programs
and services, including social and public health services.
Encouraging active involvement and communication between education,
business, community, art, and cultural communities to help integrate key people
into the startup community.
Improving the variety, quality, availability, and attainability of housing
opportunities in Port Angeles.
Supporting affordable housing by developing utility cost saving programs and the
provision of transitional and temporary housing for the homeless and/or displaced
families.
Developing strategies to combat homelessness and housing insecurity amongst
residents.
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Providing urban streets and utilities at minimum levels of service for all city
residents and the general public.2
Exhibit 1, Staff Report, pages 7 through 12.
11. City staff determined that , with recommended conditions, the proposal would be
consistent with the Comprehensive Plan, specifically noting that the proposal would:
provide a managed facility for emergency and transitional residents; improve the quality
and availability of safe housing opportunities, with the goal of moving people off the
streets and indoors; reduce sprawl and inappropriate conversion of land into low density
development in an area that provides urban facilities and services; support the initial steps
needed to get unsheltered people off of streets and connected to wrap -around services;
ensure that the temporary shelter use would be compatible with the surrounding
neighborhood through management of the site; continue to engage the neighborhood and
the City to help understand and address concerns about shelter management; utilize
existing services, public facilities, and transportation opportunities on the site to serve the
shelter housing at the proposed density, including access to an arterial street, W. 18th
Street, and a Clallam Transit bus stop serving the site; provide daily transportation for the
homeless population through bus passes and taxi vouchers; provide adequate off-street
parking for guests, staff, and visiting providers; manage parking uses to prohibit outdoor
storage or other activities interfering with the parking lot use; provide limited camping
on-site for homeless individuals who are not ready to come indoors but need support
services to encourage them to move off the streets and into a housing continuum;
implement measures to manage outdoor camping that would protect the character of the
neighborhood, including compulsory registration, outdoor sanitation stations, prohibiting
on-site drug use, limiting stays to 30 days, and security services; and encourage
community feedback through quarterly public events. Exhibit 1, Staff Report, pages 7
through 12.
12. The property is located within the City’s “Residential Medium Density” (RMD) zoning
district, which allows for a mix of single-family, two-family/duplexes, and multi-family
dwellings at a density greater than single-family neighborhoods but less than the higher
densities of the Residential High Density (RHD) zoning district. Permitted uses in the
RMD zone are intended to be more restrictive than the RHD zone, with commercial uses
not considered to be compatible. Few nonresidential uses are allowed in the RHD, and
then only conditionally, because of land use impacts associated with nonresidential uses.
The RHD zone
2 City staff identified the following specific provisions of the Comprehensive Plan as relevant to the
proposal: Growth Management Element Goal G-2A and Policy P-2A.01; Land Use Element Goal G-3C
and Policies P-3C.01 and P-3C.02; Transportation Element Goal G-4B and Policy P-4B.09; Utilities &
Public Services Element Goals G-5A, G-5B, and G-5C and Policies P-9A.01, P-5B.02, P-5B.04, and P-
5C.04; Housing Element Goal G-6A and Policies P-6B.06 and P-6A.17; and Capital Facilities Element
Goal G-8B and Policies P-8B.01, P-8B.04, P-8B.05 and P-8B.06. Exhibit 1, Staff Report, pages 7 through
12.
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provides for variety in the urban land use pattern for the City’s lower
density multi-family residential neighborhoods (at twice the density of the
City’s basic single-family residential neighborhoods) with direct access on
an arterial street, usually located in outlying areas with large tracts of
vacant buildable land, and serving as a transitional use between low
density residential uses and commercial/industrial uses.
Port Angeles Municipal Code (PAMC) 17.14.010. Exhibit 1, Staff Report, pages 2 and
12.
13. A homeless shelter use is not a traditional residential use permitted outright in the RMD
zoning district because of the transitional short-term nature of the occupancy. “Group
living” uses are permitted outright in the RMD zone. PAMC 17.14.020.G. The proposed
expansion of the homeless shelter use previously approved in 2001, however, is excluded
from the definition of group living under PAMC 17.08.040.E because Serenity House has
a transient accommodations license from the State of Washington.3 Homeless shelter
uses are also not specifically listed among conditional uses allowed in the RMD zone.
PAMC 17.14.040, however, provides that “other uses compatible with the intent of this
chapter” are allowed in the RMD zone with a conditional use permit. A ho meless shelter
use is compatible with the intent of the RMD zoning regulations because it is similar to
other uses allowed in the RMD zone with a conditional use permit, specifically
community centers and assisted living facilities. PAMC 17.08.010.P; PAMC
17.08.020.H; PAMC 17.14.040. Accordingly, the proposed expansion of the previously
approved homeless shelter use is permitted in the RMD zone with a conditional use
permit. Exhibit 1, Staff Report, pages 12 and 13; Exhibit 2; Exhibit 9.
14. PAMC 17.14.050 provides area and dimensional requirements applicable to the RMD
zone. City staff reviewed the proposal and determined that it would meet these
requirements, including requirements for maximum lot coverage, maximum site
coverage, and minimum setbacks. Although the final building design has not yet been
completed, a SEPA mitigation condition would limit the height of the proposed building
to 35 feet, the maximum allowed building height in the RMD zone. In addition, SEPA
mitigation conditions would require the proposed tent camping areas to comply with
building setback requirements of the RMD zone to ensure compatibility with the
neighborhood and to preserve public safety and welfare. Exhibit 1, Staff Report, page 15;
Exhibit 2; Exhibit 6.
3 PAMC 17.08.040.E defines group living as:
A building, portion of a building or a complex of buildings under unified control and
management which contains facilities for living, sleeping, sanitation, eating and cooking
for occupancy for residential uses; and which does not otherwise meet the definition of
another residential use defined in this chapter and does not include any type of group
living facility that is licensed by the State of Washington. Eating and cooking areas may
be shared in whole or part.
(emphasis added).
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Findings, Conclusions, and Decision
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Serenity House Expansion CUP, No. PZ 20-55
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15. PAMC 17.14.060 and Chapter 14.40 PAMC provide off-street parking requirements
applicable to the proposal. The site currently has 28 off-street parking spaces. The
Applicant conducted parking counts at the site to analyze the off-street parking demand
of the proposed expansion. City staff reviewed the Applicant’s parking counts and
determined that the existing off-street parking spaces would be sufficient to comply with
off-street parking requirements, with 18 spaces for overnight guests, 5 spaces for
overnight vehicle camping, 3 spaces for staff, and 2 spaces for visitors. A SEPA
condition would require the Applicant to continue to monitor parking rates and to submit
an amended Transportation Demand Management Assessment to the Community and
Economic Development Director for approval prior to issuance of a building permit .
Exhibit 1, Staff Report, pages 13 and 14; Exhibit 2; Exhibit 6; Exhibit 9; Exhibit 12.
16. Property to the north and east of the subject property is zoned RMD and contains the
Maloney Heights and Evergreen Family Village multi-family affordable housing
developments. Property to the west is within the R9, Residential, Low Density zoning
district and is developed with single-family residences. Property to the south is zoned
Industrial and contains the William R Fairchild International Airport. A SEPA mitigation
condition would require the Applicant to submit a landscaping plan that includes
screening along the eastern edge of the parking lot and the eastern edge of the camping
spaces to ensure compatibility with adjacent residential development. Exhibit 1, Staff
Report, pages 2, 14, and 15; Exhibit 6.
Conditional Use Permit
17. The Applicant submitted a project narrative addressing the requirements for a CUP under
PAMC 17.96.050, which notes:
The proposed use would be consistent and compatible with the purpose of the
RMD zone. The proposal intends to extend shelter capacity through a one or two
story 40-foot by 50-foot building addition, which would allow for an additional
40 beds if built as a single-story building and 80 beds if built as a two -story
building. The proposal also would allow for five outdoor tent sites and five
overnight vehicle sites on the existing property. The proposal would not change
the existing use or operation of the existing shelter but would allow Serenity
House to meet the challenges of providing the shelter needed for homeless
individuals.
The proposed project would be consistent with several goals and policies of the
City Comprehensive Plan by reducing sprawl; encouraging the availability of
affordable housing to all economic segments of the population; providing daily
transportation for the homeless population through van services, bus passes, and
taxi vouchers; combating homelessness and housing insecurity; and providing
transitional and temporary housing for the homeless population.
The proposed use would not be contrary to the public use and interest. “Blue
flag” is a community initiative to provide daytime shelter when there have been
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three days of freezing daytime temperatures or two days of significant wind or
precipitation. With the proposed expansion, Serenity House would have the
capacity to support the City and Clallam County by providing emergency
responses to pandemics and homeless blue flag requirements. The existing shelter
currently serves 60 to 80 clients at any given time. Expanding shelter capacity
would allow Serenity House to supply enough room to support relocation of the
recovery shelter clients, reducing additional expenditures for rented airport
manufacture space used for the City and County Social Distancing Shelter.
The proposed use would not be detrimental to the public health, safety, and
welfare or to neighboring properties. People staying at Serenity House must be at
least 18 years old and must register with staff or a trained and registered
volunteer. Registry includes a site agreement for no weapons, no drug use, and
no fighting while on the property, as well as no destruction of neighboring
property, with noncompliance resulting in a one-year no trespass order. Serenity
House staff walk the site each shift to ensure that trash is removed and that no
drug use occurs on-site.
Exhibit 2.c.
18. City staff also analyzed the proposal to ensure that it would be consistent with
surrounding development and with the requirements of PAMC 17.96.050 and
determined:
The proposal would comply with the City Comprehensive Plan, as detailed above.
A homeless shelter is not a traditional residential use due to the transitional short -
term nature of the occupancy and unique characteristics of occupants; therefore,
there is no conventional way of measuring density of the use. The City does not
have Floor Area Ration regulations, which would be a more effective way to
evaluate density for a homeless shelter. The infill proposal would not change the
existing use and would improve the operation of the existing shelter, allowing
Serenity House to meet the challenges of providing the shelter needed for the
homeless population.
The City Community and Economic Development Director recommends that the
proposed use qualify as an “other use” allowed in the RMD zone with a CUP
because it is similar to community centers and residential care facilities, which are
listed as conditional uses in the RMD zone.
The 2001 CUP approval for the emergency housing use found the proposal to be
beneficial to the community as a whole and compatible with the desired urban
design of the city. The improved management of the site as proposed would
result in a net benefit to compatibility with neighboring uses.
The proposal, with recommended conditions, would meet requirements for off-
street parking and landscaping, as detailed above.
The proposed building addition would meet all area and dimensional requirements
for the RMD zone.
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With the COVID-19 pandemic economic fallout and eviction moratoria, coupled
with other driving forces behind homelessness, the pressure to provide transitional
homeless shelters will increase. Expanding the site with the proposed shelter
management, as proposed, would serve to improve public use and interest.
The SEPA mitigation and proposed conditions of approval would ensure
compatibility with existing and potential uses. The existing surrounding
residential and industrial uses represent potential allowed uses within the general
area.
The proposal would be required to comply with the Americans with Disabilities
Act of the International Building Code (2015), with compliance evaluated at the
time of the building permit review.
Exhibit 1, Staff Report, pages 7 through 17.
Testimony
19. City Community Development Manager Emma Bolin testified generally about the
proposal and about how, with recommended conditions, it would meet the criteria for
approval of a CUP. She described the history of the project, noting that the shelter use
was conditionally approved in 2001 and that the current application does not qualify for a
minor amendment because it proposes changes that exceed 10 percent of the original
CUP approval. Ms. Bolin stated that the 2001 CUP conditions should be vacated and
replaced with new conditions because they are outdated due to subsequent development,
preemption issues, and reductions in requirements. She noted that an MDNS was issued
for the proposal, which was not appealed. Ms. Bolin explained how the MDNS
conditions and additional recommended conditions for CUP approval would ensure that
the proposed use would be consistent with the City Comprehensive Plan and RHD zoning
district requirements, as described above. She noted that the public use and interest
would be served through the proposal because it would increase shelter capacity to serve
the increasing number of homeless people in Clallam County at a non-religious affiliated
site, forward City Comprehensive Plan goals related to homelessness, facilitate the
relocat ion of clients at the City and County Social Distancing Shelter, address the
potential economic fallout and eviction moratoria expiration associated with the COVID -
19 pandemic, improve prior management of the site, increase community engagement
and monitoring, and provide support services to help people accomplish an indoor move
through limited camping spaces. Testimony of Ms. Bolin.
20. City Community and Economic Development Director Allyson Brekke testified about a
previous issue at the site involving vehicles being abandoned along W. 18th Street in
front of the Serenity House property, resulting in safety and nuisance concerns. She
explained that police have currently blocked off that area for on-street parking and that
City staff would continue to work with the shelter operator to ensure t hat the problems
associated with on-street parking do not reoccur. Ms. Brekke noted that the Applicant
proposes to hold quarterly neighborhood engagement meetings to address any concerns
raised by the community. Testimony of Ms. Brekke.
September 28, 2022 Planning Commission Agenda Packet Page 26 of 65
Findings, Conclusions, and Decision
City of Port Angeles Hearing Examiner
Serenity House Expansion CUP, No. PZ 20-55
Page 13 of 18
21. City Fire Marshal Mike Sanders testified that he assessed the need to expand Serenity
House’s shelter capacity in 2016. He explained that, at the time, Serenity House
proposed to temporarily convert kitchen space into emergency overflow housing area to
accommodate additional shelter residents during extreme cold weather conditions. Mr.
Sanders explained that Serenity House was granted approval to expand its shelter
capacity to serve 108 clients during emergency conditions, such as extreme cold weather
events, if it met certain conditions, with standard operating capacity at 78 beds.
Testimony of Mr. Sanders.
22. Applicant Representative Sharon Maggard, Executive Director at Serenity House,
testified about the increasing number of individuals experiencing homelessness in
Clallam County and about how current shelter capacity in the county is insufficient to
meet the demand for emergency shelter services. She explained that the Applicant seeks
to designate tent and vehicle camping areas at the site to accommodate clients that suffer
from trauma preventing them from coming indoors. Ms. Maggard stated that the
proposed tent and vehicle camp areas would allow the Applicant to provide services to
these individuals on-site and to assist them in transitioning to indoor services. She
described some of the mitigation measures that the Applicant would employ to address
impacts of the increased shelter capacity, such as conducting nightly neighborhood
security patrols; monitoring the site with staff and security cameras; installing vegetation
in a manner that would not impair clear lines of sight for surveillance by staff, security,
and police; prohibiting clients from unloading vehicles in the parking lot; and requiring
vehicles that have parked overnight to move each morning by 8:00 AM. Ms. Maggard
also explained how operational policies at the shelter are designed to prevent adverse
impacts to the clients, staff, and the surrounding neighbo rhood, such as prohibiting drugs,
weapons, and alcohol on-site and implementing COVID-19 protective measures. She
noted that the facility plans to host quarterly open house meetings beginning in March
2021, with appropriate social distancing protocols. Ms. Maggard stated that she does not
anticipate significant noise impacts from the proposal, noting that clients would be
required to follow rules requiring quiet time to being each night at 10:00 PM. She
explained that patrols of the neighborhood in the vicinity of the site would begin each
night at 9:00 PM. Testimony of Ms. Maggard.
23. Bob Larson, Serenity House Board of Directors Vice President, testified about the
challenges in serving increasing numbers of homeless people in the region with limited
available resources, particularly during the COVID-19 pandemic. He stated that the
Board of Directors was able to secure the resources necessary to improve operations at
the Serenity House, resulting in fewer calls to police, and is committed to securing the
funding necessary to maintain and improve these needed services. Mr. Larson noted that
increasing shelter capacity at Serenity House would be an asset to the community. He
explained that the facility is currently limited in the number of clients it can serve due to
protocols related to the ongoing COVID-19 pandemic. Testimony of Mr. Larson.
September 28, 2022 Planning Commission Agenda Packet Page 27 of 65
Findings, Conclusions, and Decision
City of Port Angeles Hearing Examiner
Serenity House Expansion CUP, No. PZ 20-55
Page 14 of 18
24. Kevin LoPiccolo, Clallam County Department of Health and Human Services Interim
Director, testified that the proposal would help facilitate the transition of clients currently
being served at the County Social Distancing Center. Testimony of Mr. LoPiccolo.
25. Robin Bogart testified that she works at Serenity House and supports the proposed
expansion, noting that it would allow staff to provide assistance to more people needing
emergency shelter services. Testimony of Ms. Bogart.
26. T. Scott Brandon, Executive Director of OPCC, testified in support of the proposal and
read OPCC’s comment letter supporting the proposal, as described above. Testimony of
Mr. Brandon.
27. Viola Ware testified that she works as a community change agent for the OPCC
Rediscovery Program. She stated that Serenity House has been an integral partner in
providing services to the area’s homeless population and has helped achieve positive
outcomes for community members in need. Testimony of Ms. Ware.
28. Clallam County Commissioner Randy Johnson testified in favor of the proposal to
expand shelter capacity at Serenity House. He noted that operations at Serenity House
have improved with new management. Testimony of Commissioner Johnson.
29. Bob Dunlap, Serenity House Board of Directors President, reiterated Mr. Larson’s
testimony and stated that the Board of Directors fully supports the proposal to expand
shelter capacity at Serenity House. Testimony of Mr. Dunlap.
30. Jackie Gusso testified that she is the site manager at the County Social Distancing Center
and supports the proposal. Testimony of Ms. Gusso.
31. Daniel Montana, Community Paramedic for the Port Angeles Fire Department, testified
in support of the proposal, noting that he has worked closely with Serenity House staff
and that Serenity House is an important asset for the community. Testimony of Mr.
Montana.
Staff Recommendation
32. Ms. Bolin testified that City staff determined that, with conditions, the proposed CUP
would meet the standards of the City Comprehensive Plan and the PAMC, and that staff
recommends approval of the proposal, with conditions. Ms. Maggard testified that the
Applicant understands and would comply with the recommended conditions. Exhibit 1,
Staff Report, pages 17 and 18; Testimony of Ms. Bolin; Testimony of Ms. Maggard.
September 28, 2022 Planning Commission Agenda Packet Page 28 of 65
Findings, Conclusions, and Decision
City of Port Angeles Hearing Examiner
Serenity House Expansion CUP, No. PZ 20-55
Page 15 of 18
CONCLUSIONS
Jurisdiction
The City of Port Angeles Hearing Examiner is authorized to hold hearings and decide
conditional use permit applications. PAMC 2.18.060.A.1; PAMC 17.96.050.A.
Criteria for Review
Under PAMC 17.96.050.A, the Hearing Examiner may grant conditional use permits “that 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 inte rest.” In addition, the
Hearing Examiner may refuse to issue a conditional 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 inco mpatible, detrimental or hazardous conditions.” PAMC
17.96.050.A.
In each application, the Hearing Examiner may impose whatever restrictions or conditions are
considered essential to protect the public health, safety, and welfare and to prevent depreciat ion
of neighboring property. PAMC 17.96.050.B.
Under PAMC 17.96.050.C, the purpose of a conditional use permit is to ensure “that the
maximum degree of compatibility between uses shall be attained” and “consideration of other
existing and potential uses within the general area in which such use is to be located” occurs.
The Federal Fair Housing Act requires that reasonable accommodations be made in rules
policies, practices, or services, when such accommodations may be necessary to afford disabled
people equal opportunity to use and enjoy a dwelling. PAMC 17.96.050.D. The decisionmaker
is therefore authorized to make accommodations in the consideration of conditional use permits
for group homes for disabled persons as defined in the federal Fair Housing Act, when such
accommodations reasonably may be necessary in order to comply with such act. PAMC
17.96.050.D.
All conditional or unclassified use permits shall become void one year from the date of
granting such permits if use of the land or buildings or applying for necessary building
permits(s) has not taken place in accordance with the provisions in granting sa id requests.
PAMC 17.96.070.D.
The criteria for review adopted by the City Council are designed to implement the requirement
of Chapter 36.70B RCW to enact the Growth Management Act. In particular, RCW 36.70B.040
mandates that local jurisdictions review proposed development to ensure consistenc y with City
development regulations, considering the type of land use, the level of development,
infrastructure, and the characteristics of development. RCW 36.70B.040.
September 28, 2022 Planning Commission Agenda Packet Page 29 of 65
Findings, Conclusions, and Decision
City of Port Angeles Hearing Examiner
Serenity House Expansion CUP, No. PZ 20-55
Page 16 of 18
Conclusions
1. With conditions, the proposed use would be consistent and compatible with the
RMD zoning district and the Comprehensive Plan, and would not be contrary to the
public use and interest. The intended use would not defeat the purpose of the
zoning regulations by introducing incompatible, detrimental, or hazardous
conditions. A homeless shelter use is compatible with the intent of RMD zoning
regulations because it resembles community center and assisted living facility uses,
which are allowed in the RMD zone with a conditional use permit (CUP). The Applicant
previously received CUP approval in 2001 to develop the property for homeless shelter
uses and now seeks to expand shelter capacity at the existing facility to up to 188 interior
beds to meet an increased need in the area for these services. The Applicant would
expand shelter capacity at the existing homeless shelter facility by constructing a new 40 -
foot by 50-foot building on the property and by designating five tent camping sites and
five overnight vehicle camping stalls on the property. As proposed and conditioned, the
Applicant’s proposal would meet the area and dimensional requirements applicable to the
RMD zone, including requirements for maximum lot coverage, maximum site coverage,
and minimum setbacks under PAMC 17.14.050. The proposed tent camping sites would
also be required to comply with setback requirements of the RMD zone, as an MDNS
mitigation condition, to ensure compatibility with the surrounding neighborhood and to
preserve public safety and welfare. The Applicant’s preliminary parking needs
assessments demo nstrate that the existing parking stalls at the facility would be sufficient
to serve the proposed use, consistent with City code requirements for off-street parking.
As an MDNS condition, the Applicant would be required to continue monitoring parking
needs and to submit an amended Transportation Demand Management Assessment to the
Community and Economic Development Director for approval prior to issuance of a
building permit. An MDNS condition requiring the Applicant to submit a landscaping
plan that includes screening along the eastern edge of the parking lot and along the
eastern edge of tent camping spaces would ensure adequate screening from adjacent
residential uses. City staff determined that the proposal would be consistent with several
goals and policies of the City Comprehensive Plan. The Hearing Examiner concurs with
City staff’s assessment. The use would not be detrimental to the public use and interest
and would not introduce incompatible, detrimental, or hazardous conditions.
Conditions are necessary to ensure that the proposal meets all requirements of the
municipal code and criteria required for CUP approval. Findings 1 – 32.
2. With conditions, the proposed use would protect public health, safety, and welfare
and prevent depreciation of neighboring properties. The City provided reasonable
notice of the application and opportunity for public comment . The City reviewed the
environmental impacts of the proposed project and issued a n MDNS that was not
appealed. The proposal, as conditioned, would not impact public health, safety, and
welfare or cause depreciation for neighboring properties. Some area residents expressed
concerns t hat the proposal would increase noise and crime in the surrounding
September 28, 2022 Planning Commission Agenda Packet Page 30 of 65
Findings, Conclusions, and Decision
City of Port Angeles Hearing Examiner
Serenity House Expansion CUP, No. PZ 20-55
Page 17 of 18
neighborhood. The City and Applicant provided detailed information addressing these
concerns, which notes that shelter operations would manage such potential impacts by
requiring shelter guests to register and agree to rules prohibiting drug use, alcohol,
weapons, and fighting on the property. In addition, shelter operations include quiet hours
and security patrols both at the property and in the surrounding neighborhood. The
Applicant would also engage with the community through quarterly neighborhood
meetings to ensure that the shelter operations continually respond to concerns raised by
neighboring residents. Several members of the public and numerous community
organizations expressed overwhelming support for the proposal, noting that the proposed
expansion is necessary to meet an increasing demand for emergency shelter services in
the area.
As noted above in Conclusion 1 and detailed below, conditions are necessary to ensure
that the proposal complies with all municipal code requirements and requirements for
approval of a conditional use permit. Findings 1 – 32.
3. With conditions, the proposed use would ensure the maximum degree of
compatibility between uses. The proposal would not change the existing homeless
shelter use of the property, which was previously approved in 2001. SEPA mitigation
conditions which require that the Applicant submit a landscape plan providing adequate
screening of on-site activities and enhancing the aesthetics of the site; conduct quarterly
neighborhood meetings; monitor parking needs at the property and submit for approval
an amended off-site parking demand assessment ; and designate tent camping areas in
compliance with building setback requirements for the RMD zone, would ensure that the
proposal is compatible with surrounding land uses. Accordingly, as conditioned, the
proposal would be compatible with other uses in the vicinity. As noted above in
Conclusion 1 and detailed below, conditions are necessary to ensure that the proposal
complies with all municipal code requirements and requirements for approval of a
conditional use permit. Findings 1 – 32.
4. The proposed use would comply with the Federal Fair Housing Act. The proposed
building would be required to comply with the Americans with Disabilities Act of the
International Building Code. Compliance with this requirement would be reviewed at the
time of building permit review. Finding 18.
DECISION
Based on the above findings and conclusions, the request for a conditional use permit to allow
construction of a 40-foot by 50-foot building, which would expand shelter capacity at the
existing Serenity House site, and to allow designated areas for five tent sites and five overnight
vehicle camping sites, at 2321 W. 18th Street, is APPROVED, with the following conditions:
1. The conditions of approval from application CUP No. 01-10 are hereby null and void
with all Hearing Examiner’s conditions of approval included in application No. PZ 20-55.
September 28, 2022 Planning Commission Agenda Packet Page 31 of 65
Findings, Conclusions, and Decision
City of Port Angeles Hearing Examiner
Serenity House Expansion CUP, No. PZ 20-55
Page 18 of 18
2. The SEPA mitigations identified in the MDNS # 1427 shall be required and incorporated
by reference with these conditions of approval.
3. Approval of this Conditional Use Permit does not preclude any permits that are required
from any other City Division or Department.
4. SEPA mitigating conditions and Hearing Examiner’s conditions of approval shall be
recorded to property title to notice fut ure property owners on actions needed to remain in
compliance with this approval.
5. Building and fire permit applications and approvals shall be required prior to occupancy.
DECIDED this 28th day of December 2020.
ANDREW M. REEVES
Hearing Examiner
Sound Law Center
September 28, 2022 Planning Commission Agenda Packet Page 32 of 65
CITY OF PORT ANGELES
MITIGATED DETERMINATION OF NON SIGNIFICANCE
WAC Chapter 197- l I-155(.1Xa)
Description of Proposal:
The lead agency for this proposal has determined that this proposal will not have a probable significant
adverse impact on the envtonment. Pursuant to WAC 197-l l-350(l), the proposal has been clarified,
changed. and conditioned to include necessary mitigation measures to avoid. minimize or compensate for
probable significant impacts. An envircnmental impact staternent (EIS) is not required under RCW
43.21C.030(2)(c). The necessary mitigation measures are listed below, the Environmental Checklist is
attached and the information is available to the public on request.
Findings:
o The overnight camping spaces and tent carnping area are visible to residential properties to the east.. The tent camping area is in close proximity to a driveway. Life safety measures must be considered in
landscaping design to avoid poteatial vehicle collision with campers.. The proposal incorporates mitigation to monitor and compensate for significant impacts tlrough
quarterly community engagernent meetings. The City should be invited to these meetings.. The proposal incorporates mitigation to comply with Ch. 8.30.045 Port Angeles Municipal Code
(PAMC), which regulates nuisances that may arise due to the proposed camping and shelter use. The
proposd managernent ofthe site would ensure proper sanitation, solid waste disposal and security.. The applicant provided information that suffices as Transportation Dernand Management Assessment
in Pan 14 in the SEPA checklist. Eighteen parking spaces would be available for 188 overnight guests
(additional spaces are provided for staff, providers, and ovemight vehicle campers).. The two eastem proposed overnight vehicle camper spaces are not suitable for parking due to
insufficient arca and orientation. The parking lot contains spaces that have e-nough area to
accommodate vehicles that are less than 9 feet wide by l8 feet long parking space.o The existing fence and vegetation provide sufficient screen along the W. l8'h St frontage as well as
along the westem and nonhern property lines.
. The tent sites proposed must abide by structural setbacks to ensure adjacent residential use
compalibility and to prerwe public safety and welfare.
o The maximum building height is 35-feet in the Residential Medium Densiry Zone.o Additional conditions relevant to the Conditional Use Permit criteria in Ch. 17.96.050 PAMC and any
applicable Port Angeles Municipal Code may be requted as identified in the Hearing Examiner's
Decision, when issued.
Mitigation requirements:
. A landscaping plan shall be provided to ensure compatibiliry with the adjacent zoning and public
safety. The plan shall provide security a view ofon-site activities and accomplish several goals
including:
MDNS # 1427
PZ 20-55
Applicant:
Propery* Owner:
Location of Proposal:
Lead Agency:
Expand existing homeless shelter to house up to 188 ovemight guests with
limited tent/vehicle camping
Serenity House of Clallam County
Serenity House ofClallam County
B2r W. r89 St , Prrcet # 0530!)911021
CIry OF PORT ANGELES
This determination is based on the following findings and conclusions:
September 28, 2022 Planning Commission Agenda Packet Page 33 of 65
MDNS # 1427
PZ20-55
l.Provide a screen capable along the eastem edge of the parking lot and eastem edge of the
tent campsites, so that standing individuals at or near the adjacent eastern property line do
not see activity, and in such a way that enlances aesthetics ofthe site with perennial
flowers and shrubs,
2.Delineate tent pad locations and enhance aesthetics ofeach campsite, and
3.lntegrate vehicle bollards and landscaping to protect camper life safety from vehicle
collision in such a way that enhances aesthetics ofthe site with perennial flowers and
shrubs.
The shelter operator shall conduct quarterly neighborhood meetings as proposed and shall invite the
City ofPon Angeles Depanment of Community Development and Police Department to the
meeting.
Prior to submittal ofa building permit application for the building expansion, the proponent shall
monitor the perceatage of vehicles compared to ovemight guests registered. The shelter operator
shatl submit an ameoded Transportation Demand Management Assessment to the CED Dilector for
approval with the building permit application to €nsure adequacy ofparking for ovemighl guests
and staff.
The five parking spaces for ovemight camping shall be allowed only within conforming striped
spaces. Parking spaces currently do not exist in the east area where the applicant proPoses two
ovemight parking spaces and shall be relocated to conforming striped spaces. Sigpage shall be
installed delineating the parking spaces for overnight vehicle camping. AII parking spaces shall be
striped. A revised parking plan shall be submitted with the building permit application.-
Ovemight camping vehicles are limited to lhose that will fit within the 9 feet wide by l8 fee long
parking space.
The tent camping area shall be set back a minimum of 15 feet from the rear property line and five
feet from the west side property line. The tent area shall be identified with signage.
The proposed building shall be limited to 35-feet in height.
This MDNS is issued after using the optional DNS process in wAC 197- l l -355. There is no further
C
DutL2lLl2o
Allyson Brekke. SEPA Oflicial
You may appeal this determination to the Port Angeles City Council tkough the Department of Communiry
and Economic Development, 321 East Fifth Street, Port Angeles, WA 98362, by submining such written
appeal no later than December 16,2020 at l2pm PST. You should be prepared to make specific factual
objections.
Responsible Official: Allyson Brekke, Director, Community and Economic Development Department, City
of Pon Angeles, 321 East Fifth Street, Port Angeles, WA 98362, phone (360) 417 - 4750.
September 28, 2022 Planning Commission Agenda Packet Page 34 of 65
PZ 20-55 Final TMDNS - Please sign before noon
today
Final Audit Report 2020-12-0',|
Createdl
By:
Surtus:
Transaclion lO:
2020-1241
Emma Bdin (ebdin@ciiyoIpa.us)
Signed
CBJCHBOqAaAAs-low5aTRuCKBhPJHLcZHxYnbmmaE(E
"PZ 20-55 Final MDNS - Please sign before noon today" History
D Documgnt created by Emma Bolin (ebolin@cityofra.us)
2Om-12-01 - 1:13:35 PM GMT- lP addrest 76.'1 91 - 127.50
El Document emailed to Allyson Brekke (abrekke@cityoha.us) for signature
202c.1241 - 1,41:22 PM G$f
t Email viewed by Allyson Brekke (abrekke@cityotsa.us)
202lo,.1241 -7:51:00 PM GMT- lP addr$s: 76.191.127.50
ds Document e-signed by Allyson Brekke (abrekke@cityofra.us)
Sigoalure Date: 2020-12{1 - 7:51:46 PM GMT - Time Source: se.v€r- lP addressi 76.191.127.50
O Agreement completed.
202&1241 - 7:51:46 PM GMT
@ eaou.sign
September 28, 2022 Planning Commission Agenda Packet Page 35 of 65
RCW 35A.21.360 Hosting the homeless by religious organizations—
When authorized—Requirements—Prohibitions on local actions. (1) A
religious organization may host the homeless on property owned or
controlled by the religious organization whether within buildings
located on the property or elsewhere on the property outside of
buildings.
(2) Except as provided in subsection (7) of this section, a code
city may not enact an ordinance or regulation or take any other action
that:
(a) Imposes conditions other than those necessary to protect
public health and safety and that do not substantially burden the
decisions or actions of a religious organization regarding the
location of housing or shelter, such as an outdoor encampment, indoor
overnight shelter, temporary small house on-site, or vehicle resident
safe parking, for homeless persons on property owned or controlled by
the religious organization;
(b) Requires a religious organization to obtain insurance
pertaining to the liability of a municipality with respect to homeless
persons housed on property owned by a religious organization or
otherwise requires the religious organization to indemnify the
municipality against such liability;
(c) Imposes permit fees in excess of the actual costs associated
with the review and approval of permit applications. A code city has
discretion to reduce or waive permit fees for a religious organization
that is hosting the homeless;
(d) Specifically limits a religious organization's availability
to host an outdoor encampment on its property or property controlled
by the religious organization to fewer than six months during any
calendar year. However, a code city may enact an ordinance or
regulation that requires a separation of time of no more than three
months between subsequent or established outdoor encampments at a
particular site;
(e) Specifically limits a religious organization's outdoor
encampment hosting term to fewer than four consecutive months;
(f) Limits the number of simultaneous religious organization
outdoor encampment hostings within the same municipality during any
given period of time. Simultaneous and adjacent hostings of outdoor
encampments by religious organizations may be limited if located
within one thousand feet of another outdoor encampment concurrently
hosted by a religious organization;
(g) Limits a religious organization's availability to host safe
parking efforts at its on-site parking lot, including limitations on
any other congregationally sponsored uses and the parking available to
support such uses during the hosting, except for limitations that are
in accord with the following criteria that would govern if enacted by
local ordinance or memorandum of understanding between the host
religious organization and the jurisdiction:
(i) No less than one space may be devoted to safe parking per ten
on-site parking spaces;
(ii) Restroom access must be provided either within the buildings
on the property or through use of portable facilities, with the
provision for proper disposal of waste if recreational vehicles are
hosted; and
(iii) Religious organizations providing spaces for safe parking
must continue to abide by any existing on-site parking minimum
requirement so that the provision of safe parking spaces does not
RCW (7/6/2022 6:15 PM)[ 1 ]September 28, 2022 Planning Commission Agenda Packet Page 36 of 65
reduce the total number of available parking spaces below the minimum
number of spaces required by the code city, but a code city may enter
into a memorandum of understanding with a religious organization that
reduces the minimum number of on-site parking spaces required;
(h) Limits a religious organization's availability to host an
indoor overnight shelter in spaces with at least two accessible exits
due to lack of sprinklers or other fire-related concerns, except that:
(i) If a code city fire official finds that fire-related concerns
associated with an indoor overnight shelter pose an imminent danger to
persons within the shelter, the code city may take action to limit the
religious organization's availability to host the indoor overnight
shelter; and
(ii) A code city may require a host religious organization to
enter into a memorandum of understanding for fire safety that includes
local fire district inspections, an outline for appropriate emergency
procedures, a determination of the most viable means to evacuate
occupants from inside the host site with appropriate illuminated exit
signage, panic bar exit doors, and a completed fire watch agreement
indicating:
(A) Posted safe means of egress;
(B) Operable smoke detectors, carbon monoxide detectors as
necessary, and fire extinguishers;
(C) A plan for monitors who spend the night awake and are
familiar with emergency protocols, who have suitable communication
devices, and who know how to contact the local fire department; or
(i) Limits a religious organization's ability to host temporary
small houses on land owned or controlled by the religious
organization, except for recommendations that are in accord with the
following criteria:
(i) A renewable one-year duration agreed to by the host religious
organization and local jurisdiction via a memorandum of understanding;
(ii) Maintaining a maximum unit square footage of one hundred
twenty square feet, with units set at least six feet apart;
(iii) Electricity and heat, if provided, must be inspected by the
local jurisdiction;
(iv) Space heaters, if provided, must be approved by the local
fire authority;
(v) Doors and windows must be included and be lockable, with a
recommendation that the managing agency and host religious
organization also possess keys;
(vi) Each unit must have a fire extinguisher;
(vii) Adequate restrooms must be provided, including restrooms
solely for families if present, along with handwashing and potable
running water to be available if not provided within the individual
units, including accommodating black water;
(viii) A recommendation for the host religious organization to
partner with regional homeless service providers to develop pathways
to permanent housing.
(3)(a) A code city may enact an ordinance or regulation or take
any other action that requires a host religious organization and a
distinct managing agency using the religious organization's property,
owned or controlled by the religious organization, for hostings to
include outdoor encampments, temporary small houses on-site, indoor
overnight shelters, or vehicle resident safe parking to enter into a
memorandum of understanding to protect the public health and safety of
both the residents of the particular hosting and the residents of the
code city.
RCW (7/6/2022 6:15 PM)[ 2 ]September 28, 2022 Planning Commission Agenda Packet Page 37 of 65
(b) At a minimum, the agreement must include information
regarding: The right of a resident in an outdoor encampment, vehicle
resident safe parking, temporary small house on-site, or indoor
overnight shelter to seek public health and safety assistance, the
resident's ability to access social services on-site, and the
resident's ability to directly interact with the host religious
organization, including the ability to express any concerns regarding
the managing agency to the religious organization; a written code of
conduct agreed to by the managing agency, if any, host religious
organization, and all volunteers working with residents of the outdoor
encampment, temporary small house on-site, indoor overnight shelter,
or vehicle resident safe parking; and when a publicly funded managing
agency exists, the ability for the host religious organization to
interact with residents of the outdoor encampment, indoor overnight
shelter, temporary small house on-site, or vehicle resident safe
parking using a release of information.
(4) If required to do so by a code city, any host religious
organization performing any hosting of an outdoor encampment, vehicle
resident safe parking, or indoor overnight shelter, or the host
religious organization's managing agency, must ensure that the code
city or local law enforcement agency has completed sex offender checks
of all adult residents and guests. The host religious organization
retains the authority to allow such offenders to remain on the
property. A host religious organization or host religious
organization's managing agency performing any hosting of vehicle
resident safe parking must inform vehicle residents how to comply with
laws regarding the legal status of vehicles and drivers, and provide a
written code of conduct consistent with area standards.
(5) Any host religious organization performing any hosting of an
outdoor encampment, vehicle resident safe parking, temporary small
house on-site, or indoor overnight shelter, with a publicly funded
managing agency, must work with the code city to utilize Washington's
homeless client management information system, as provided for in RCW
43.185C.180. When the religious organization does not partner with a
managing agency, the religious organization is encouraged to partner
with a local homeless services provider using the Washington homeless
client managing information system. Any managing agency receiving any
funding from local continuum of care programs must utilize the
homeless client management information system. Temporary, overnight,
extreme weather shelter provided in religious organization buildings
does not need to meet this requirement.
(6) For the purposes of this section:
(a) "Managing agency" means an organization such as a religious
organization or other organized entity that has the capacity to
organize and manage a homeless outdoor encampment, temporary small
houses on-site, indoor overnight shelter, and a vehicle resident safe
parking program.
(b) "Outdoor encampment" means any temporary tent or structure
encampment, or both.
(c) "Religious organization" means the federally protected
practice of a recognized religious assembly, school, or institution
that owns or controls real property.
(d) "Temporary" means not affixed to land permanently and not
using underground utilities.
(7)(a) Subsection (2) of this section does not affect a code city
policy, ordinance, memorandum of understanding, or applicable consent
decree that regulates religious organizations' hosting of the homeless
RCW (7/6/2022 6:15 PM)[ 3 ]September 28, 2022 Planning Commission Agenda Packet Page 38 of 65
if such policies, ordinances, memoranda of understanding, or consent
decrees:
(i) Exist prior to June 11, 2020;
(ii) Do not categorically prohibit the hosting of the homeless by
religious organizations; and
(iii) Have not been previously ruled by a court to violate the
religious land use and institutionalized persons act, 42 U.S.C. Sec.
2000cc.
(b) If such policies, ordinances, memoranda of understanding, and
consent decrees are amended after June 11, 2020, those amendments are
not affected by subsection (2) of this section if those amendments
satisfy (a)(ii) and (iii) of this subsection.
(8) An appointed or elected public official, public employee, or
public agency as defined in RCW 4.24.470 is immune from civil
liability for (a) damages arising from the permitting decisions for a
temporary encampment for the homeless as provided in this section and
(b) any conduct or unlawful activity that may occur as a result of the
temporary encampment for the homeless as provided in this section.
(9) A religious organization hosting outdoor encampments, vehicle
resident safe parking, or indoor overnight shelters for the homeless
that receives funds from any government agency may not refuse to host
any resident or prospective resident because of age, sex, marital
status, sexual orientation, race, creed, color, national origin,
honorably discharged veteran or military status, or the presence of
any sensory, mental, or physical disability or the use of a trained
dog guide or service animal by a person with a disability, as these
terms are defined in RCW 49.60.040.
(10)(a) Prior to the opening of an outdoor encampment, indoor
overnight shelter, temporary small house on-site, or vehicle resident
safe parking, a religious organization hosting the homeless on
property owned or controlled by the religious organization must host a
meeting open to the public for the purpose of providing a forum for
discussion of related neighborhood concerns, unless the use is in
response to a declared emergency. The religious organization must
provide written notice of the meeting to the code city legislative
authority at least one week if possible but no later than ninety-six
hours prior to the meeting. The notice must specify the time, place,
and purpose of the meeting.
(b) A code city must provide community notice of the meeting
described in (a) of this subsection by taking at least two of the
following actions at any time prior to the time of the meeting:
(i) Delivering to each local newspaper of general circulation and
local radio or television station that has on file with the governing
body a written request to be notified of special meetings;
(ii) Posting on the code city's website. A code city is not
required to post a special meeting notice on its website if it: (A)
Does not have a website; (B) employs fewer than ten full-time
equivalent employees; or (C) does not employ personnel whose duty, as
defined by a job description or existing contract, is to maintain or
update the website;
(iii) Prominently displaying, on signage at least two feet in
height and two feet in width, one or more meeting notices that can be
placed on or adjacent to the main arterials in proximity to the
location of the meeting; or
(iv) Prominently displaying the notice at the meeting site.
[2020 c 223 § 4; 2010 c 175 § 4.]
RCW (7/6/2022 6:15 PM)[ 4 ]September 28, 2022 Planning Commission Agenda Packet Page 39 of 65
Findings—Intent—2020 c 223: See note following RCW 36.01.290.
Findings—Intent—Construction—Prior consent decrees and
negotiated settlements for temporary encampments for the homeless not
superseded—2010 c 175: See notes following RCW 36.01.290.
RCW (7/6/2022 6:15 PM)[ 5 ]September 28, 2022 Planning Commission Agenda Packet Page 40 of 65
1
ORDINANCE NO. __________
AN ORDINANCE of the City of Port Angeles, Washington regarding hosting
the homeless by religious organizations, amending Chapter 17.96 of the
Port Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY
ORDAIN AS FOLLOWS:
Section 1. Ordinance ______ as amended, and Chapter 17.96 of the Port
Angeles Municipal Code are hereby amended by adding a new section 17.96.055 to read as
follows:
17.96.055 Hosting the homeless by religious organizations
1. Recognizing that the Constitutions of the United States and Washington State confer on
religious organizations liberties to practice their faith by sheltering people experiencing
homelessness or housing the poor, the City will impose no restrictions on those liberties except:
A. The requirements and regulations established by Washington state statutes and
administrative regulations, and
B. A religious organization that intends to host facilities for sheltering the homeless shall
first obtain a Conditional Use Permit.
2. The procedure for obtaining a Conditional Use Permit shall be the use of the City’s
Conditional Use Permit Application and approval process, as set forth in PAMC 17.96.050, and
be consistent with the criteria and conditions set forth in RCW 35A.21.360.
3. There shall be no fee for a Conditional Use Permit issued to a religious organization
issued pursuant to paragraph 2 above.
Section 2 - 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/subsection numbers and any references thereto.
Section 3 - 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 the
provisions of the Ordinance to other persons or circumstances, is not affected.
September 28, 2022 Planning Commission Agenda Packet Page 41 of 65
2
Section 4 - 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 _____ day of __________, 2022.
_________________________________
Kate Dexter, Mayor
APPROVED AS TO FORM:
_____________________________
William E. Bloor, City Attorney
ATTEST:
_____________________________
Kari Martinez-Bailey, City Clerk
PUBLISHED: _____________, 2022
By Summary
September 28, 2022 Planning Commission Agenda Packet Page 42 of 65
1
RESOLUTION NO. __________
A RESOLUTION of the City of Port Angeles, Washington regarding hosting the
homeless by religious organizations.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY RESOLVE AS
FOLLOWS:
Whereas, the City is obligated to comply with state statutes and regulations that, in some
instances, do place criteria, conditions, or limitations on facilities intended to be used to
support those experiencing homelessness; and
Whereas, the City, in its ordinances and policies, does not place restrictions or limitations
on religious organizations that intend to host facilities to support those experiencing
homelessness; and
Now, Therefore, It Is Hereby Resolved
That it is the policy of the City to support and encourage religious organizations, to the
extent they can, to host facilities to support those experiencing homelessness; and it is
Further Resolved that the ordinances and regulations adopted by the City shall be
interpreted to advance that policy.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the _____ day of __________, 2022.
_________________________________
Kate Dexter, Mayor
APPROVED AS TO FORM:
_____________________________
William E. Bloor, City Attorney
ATTEST:
_____________________________
Kari Martinez-Bailey, City Clerk
September 28, 2022 Planning Commission Agenda Packet Page 43 of 65
Ch. 22.90 Temporary Encampments | Monroe Municipal Code Page 1 of 11
The Monroe Municipal Code is current through Ordinance 023/2022, passed August 23, 2022.
Chapter 22.90
TEMPORARY ENCAMPMENTS
Sections:
22.90.010 Purpose.
22.90.020 Applicability – Construction.
22.90.030 Definitions.
22.90.040 General provisions.
22.90.050 Memorandum of understanding.
22.90.060 Outdoor encampments.
22.90.070 Indoor overnight shelters.
22.90.080 Temporary small houses on site.
22.90.090 Vehicle resident safe parking areas.
22.90.100 Temporary encampment permit – Application and review process –
Appeals.
22.90.010 Purpose.
The purpose of this chapter is to establish local standards and procedures to regulate temporary
encampments, as defined herein, in a manner consistent with guidance provided by RCW
35A.21.360, WAC 51-16-030, and other applicable state and federal law acknowledging the right of
religious organizations to exercise their faith by serving and sheltering the homeless. This chapter
further attempts to appropriately balance such considerations with the city’s fundamental
responsibility to protect the health, safety, and welfare of both temporary encampment residents and
of the public. (Ord. 007/2021 § 2 (Exh. A))
22.90.020 Applicability – Construction.
A. The regulations, requirements, and standards set forth in this chapter apply to all temporary
encampments within the city.
September 28, 2022 Planning Commission Agenda Packet Page 44 of 65
Ch. 22.90 Temporary Encampments | Monroe Municipal Code Page 2 of 11
The Monroe Municipal Code is current through Ordinance 023/2022, passed August 23, 2022.
B. This chapter shall be reasonably construed and administered in a manner consistent with
applicable state and federal law, including RCW 35A.21.360, and shall be construed and administered
with appropriate flexibility where necessary to prevent violations of legally protected rights of
religious exercise. Without limitation of the foregoing, the city may exercise any of the authority set
forth in RCW 35A.21.360 in administering this chapter.
C. Except as provided in this chapter and/or by law, nothing in this chapter shall excuse any person
from compliance with all applicable provisions of the Monroe Municipal Code. (Ord. 007/2021 § 2 (Exh.
A))
22.90.030 Definitions.
The following definitions shall apply for purposes of this chapter:
A. “Managing agency” means an organization such as a religious organization or other organized
entity that has the capacity to organize and manage a temporary encampment. A “managing
agency” may be the same entity as the sponsor.
B. “Outdoor encampment” means any temporary tent or structure encampment, or both.
C. “Religious organization” means the federally protected practice of a recognized religious
assembly, school, or institution that owns or controls the real property where the temporary
encampment is hosted.
D. “Sponsor” means an entity that has an agreement or arrangement with the managing agency to
provide basic services and support for the residents of a temporary encampment and liaison with the
surrounding community. A “sponsor” may be the same entity as the managing agency.
E. “Temporary” means not affixed to land permanently and not using underground utilities.
F. “Temporary encampment” means a group of homeless persons temporarily residing out of doors
or otherwise in a nonpermanent living arrangement on a site, with services provided by a sponsor
and supervised by a managing agency, and specifically includes an outdoor encampment as defined
in this chapter, as well as an indoor overnight shelter, temporary small house on site, or vehicle
resident safe parking, as such terms are used in RCW 35A.21.360.
September 28, 2022 Planning Commission Agenda Packet Page 45 of 65
Ch. 22.90 Temporary Encampments | Monroe Municipal Code Page 3 of 11
The Monroe Municipal Code is current through Ordinance 023/2022, passed August 23, 2022.
G. “Temporary encampment permit” means the regulatory approval issued by the zoning
administrator pursuant to this chapter authorizing the installation of a temporary encampment. (Ord.
007/2021 § 2 (Exh. A))
22.90.040 General provisions.
The following standards shall apply to all temporary encampments, except as modified by the
category-specific standards otherwise set forth in this chapter:
A. A religious organization may host a temporary encampment for the homeless on property owned
or controlled by the religious organization whether within buildings located on the property or
elsewhere on the property outside of buildings, subject to the provisions of this chapter.
B. All temporary encampments shall comply with the applicable provisions of RCW 35A.21.360.
C. The host religious organization and/or managing agency shall provide a transportation plan for
the temporary encampment, which shall include provisions for access to and from transit services.
D. The host religious organization and/or managing agency shall ensure the temporary
encampment’s compliance with all applicable: (1) state laws and regulations; (2) Monroe Municipal
Code provisions; (3) fire district directives; and (4) health district standards.
E. The host religious organization and/or the managing agency shall appoint an individual to serve
as a permanent point of contact for the temporary encampment.
F. At least one representative of the host religious organization, the managing agency, and/or a
designated occupant of the temporary encampment shall be on duty at the temporary encampment
all times. Such individual(s) shall be familiar with emergency protocols, equipped with suitable
communication devices, and be trained to contact local first responders when necessary. The names
and contact information for such individual(s) shall be posted daily at the temporary encampment.
G. The host religious organization and/or the managing agency shall ensure the temporary
encampment’s compliance with all applicable public health regulations, including but not limited to
the following:
September 28, 2022 Planning Commission Agenda Packet Page 46 of 65
Ch. 22.90 Temporary Encampments | Monroe Municipal Code Page 4 of 11
The Monroe Municipal Code is current through Ordinance 023/2022, passed August 23, 2022.
1. Adequate toilet facilities shall be provided on site and shall be set back at least forty feet
from all property lines. Restroom access shall be provided either within the buildings on the host
property or through use of portable facilities;
2. Hand washing stations shall be provided near the toilets and food preparation areas;
3. Adequate food preparation and/or service tents and/or facilities shall be provided;
4. Solid waste receptacles shall be provided on site throughout the temporary encampment. A
regular trash patrol in the immediate vicinity of the temporary encampment site shall also be
provided;
5. An adequate supply of potable water shall be available on site at all times; and
6. All applicable city, county, health department, and state regulations pertaining to drinking
water connections and solid waste disposal shall be met.
H. Temporary encampments shall not cause or permit the intrusion of noise from the temporary
encampment exceeding the applicable thresholds set forth in WAC 173-60-040.
I. The host religious organization and/or the managing agency shall keep a log of the names of all
overnight residents of the temporary encampment and the date(s) of their residency.
J. The host religious organization performing any hosting of an outdoor encampment, vehicle
resident safe parking, or indoor overnight shelter, or the managing agency, must ensure that the
Monroe police department has completed sex offender checks of all adult residents and guests.
Provided, that the host religious organization shall retain the discretion to allow such offenders to
remain on the property.
K. Periodic inspections of the temporary encampment by public officials from agencies with
applicable regulatory jurisdiction, including without limitation the building official and fire marshal,
may be conducted at reasonable times, consistent with applicable constitutional and statutory
standards.
L. Any host religious organization must work with the city to utilize Washington’s homeless client
management information system, as provided for in RCW 43.185C.180.
1. When there is no managing agency, the host religious organization is encouraged to partner
with a local homeless services provider using the Washington homeless client managing
information system.
September 28, 2022 Planning Commission Agenda Packet Page 47 of 65
Ch. 22.90 Temporary Encampments | Monroe Municipal Code Page 5 of 11
The Monroe Municipal Code is current through Ordinance 023/2022, passed August 23, 2022.
2. Any managing agency receiving any funding from local continuum of care programs must
utilize the homeless client management information system.
3. Temporary, overnight, extreme weather shelters provided in religious organization buildings
are exempt from the requirements of this subsection.
M. Unless otherwise expressly provided by this chapter, temporary encampments may be located in
any zoning district. (Ord. 007/2021 § 2 (Exh. A))
22.90.050 Memorandum of understanding.
A. The host religious organization and/or a managing agency shall execute a memorandum of
understanding to protect the health and safety of both the residents of the temporary encampment
and that of the public. Any such memorandum of understanding shall be consistent with RCW
35A.21.360 and this chapter, may include appropriate conditions, and must, at a minimum, include
information regarding:
1. The right of a temporary encampment resident to seek public health and safety assistance;
2. The resident’s ability to access social services on site;
3. The resident’s ability to directly interact with the host religious organization, including the
ability to express any concerns regarding the managing agency to the religious organization;
4. A written code of conduct agreed to by the managing agency, if any, the host religious
organization, and all volunteers working with residents; and
5. Where a publicly funded managing agency exists, the ability for the host religious
organization to interact with residents using a release of information.
B. The memorandum of understanding shall include a promise by the host religious organization
and/or a managing agency not to apply for another permit under this chapter in violation of the
applicable timing and/or distance requirements hereunder.
C. The zoning administrator, in consultation with the city attorney, is authorized to negotiate and
execute on behalf of the city a memorandum of understanding under this section. (Ord. 007/2021 § 2
(Exh. A))
September 28, 2022 Planning Commission Agenda Packet Page 48 of 65
Ch. 22.90 Temporary Encampments | Monroe Municipal Code Page 6 of 11
The Monroe Municipal Code is current through Ordinance 023/2022, passed August 23, 2022.
22.90.060 Outdoor encampments.
Theprovisions of this section shall apply to outdoor encampments.
A. The hosting term of an outdoor encampment shall not exceed six months at a particular site in a
calendar year.
B. At least three months shall lapse between subsequent or established outdoor encampments at a
particular site.
C. Simultaneous and adjacent hostings of outdoor encampments by religious organizations shall
not be located within one thousand feet of another outdoor encampment concurrently hosted by
the same or different religious organization.
D. An outdoor encampment shall be located a minimum of twenty feet from the property line of
abutting properties containing residential uses.
E. Any exterior lighting must be directed downward and contained within the outdoor encampment.
F. The maximum residential density of an outdoor encampment is one occupant per four hundred
square feet of parcel area; provided, that the maximum number of occupants within an outdoor
encampment shall not exceed one hundred regardless of the size of the parcel.
G. An outdoor encampment shall comply with the following fire safety requirements:
1. All tents exceeding three hundred square feet, and all canopies exceeding four hundred
square feet, shall be comprised of flame retardant materials;
2. Open flames are prohibited in an outdoor encampment;
3. If temporary structures other than tents are used for habitation within an outdoor
encampment, each such structure shall have a door, at least one egress window, and shall be
equipped with a functional smoke detector;
4. An adequate power supply to the outdoor encampment is required; provided, that properly
permitted and installed construction site type electrical boxes may be approved by the zoning
administrator; and
5. Only wired electrical heating is allowed within tents and other temporary structures used for
habitation at an outdoor encampment.
September 28, 2022 Planning Commission Agenda Packet Page 49 of 65
Ch. 22.90 Temporary Encampments | Monroe Municipal Code Page 7 of 11
The Monroe Municipal Code is current through Ordinance 023/2022, passed August 23, 2022.
H. The outdoor encampment shall ensure a minimum separation of six feet between structures,
including tents.
I. The city may require a sight-obscuring fence around the perimeter of the outdoor encampment
unless the city determines that there is sufficient vegetation, topographic variation, or other site
conditions and/or circumstances such that fencing would not be reasonably necessary. (Ord. 007/2021
§ 2 (Exh. A))
22.90.070 Indoor overnight shelters.
The provisions of this section shall apply to indoor overnight shelters. The city shall not limit a
religious organization’s availability to host an indoor overnight shelter in spaces with at least two
accessible exits due to lack of sprinklers or other fire-related concerns, except that:
A. If the fire code official finds that fire-related concerns associated with an indoor overnight shelter
pose an imminent danger to persons within the shelter, the city may take appropriate action to limit
the religious organization’s availability to host the indoor overnight shelter; and
B. The city may require a host religious organization to enter into a memorandum of understanding
for fire safety that includes:
1. Inspections by the fire code official;
2. An outline for appropriate emergency procedures;
3. A determination of the most viable means to evacuate occupants from inside the host site
with appropriate illuminated exit signage;
4. Panic bar exit doors; and
5. A completed fire watch agreement indicating:
a. Posted safe means of egress;
b. Operable smoke detectors, carbon monoxide detectors as necessary, and fire
extinguishers; and
September 28, 2022 Planning Commission Agenda Packet Page 50 of 65
Ch. 22.90 Temporary Encampments | Monroe Municipal Code Page 8 of 11
The Monroe Municipal Code is current through Ordinance 023/2022, passed August 23, 2022.
c. A plan for monitors who spend the night awake and are familiar with emergency
protocols, who have suitable communication devices, and who know how to contact the fire
department. (Ord. 007/2021 § 2 (Exh. A))
22.90.080 Temporary small houses on site.
The provisions of this section shall apply to temporary small houses on site. The city shall not limit a
religious organization’s ability to host temporary small houses on land owned or controlled by the
religious organization, except for recommendations that are in accord with the following criteria:
A. A renewable one-year duration agreed to by the host religious organization and the city via a
memorandum of understanding;
B. Maintaining a maximum unit square footage of one hundred twenty square feet, with units set at
least six feet apart;
C. Electricity and heat, if provided, must be inspected by the city;
D. Space heaters, if provided, must be approved by the local fire authority;
E. Doors and windows must be included and be lockable, with a recommendation that the
managing agency and host religious organization also possess keys;
F. Each unit must have a fire extinguisher;
G. Adequate restrooms must be provided, including restrooms solely for families if present, along
with handwashing and potable running water to be available if not provided within the individual
units, including accommodating black water;
H. A recommendation for the host religious organization to partner with regional homeless service
providers to develop pathways to permanent housing. (Ord. 007/2021 § 2 (Exh. A))
22.90.090 Vehicle resident safe parking areas.
The provisions of this section shall apply to vehicle resident safe parking areas.
September 28, 2022 Planning Commission Agenda Packet Page 51 of 65
Ch. 22.90 Temporary Encampments | Monroe Municipal Code Page 9 of 11
The Monroe Municipal Code is current through Ordinance 023/2022, passed August 23, 2022.
A. The city shall not limit a religious organization’s availability to host safe parking efforts at its on-
site parking lot, including limitations on any other congregationally sponsored uses and the parking
available to support such uses during the hosting; provided, that the following criteria are met:
1. No less than one space may be devoted to safe parking per ten on-site parking spaces;
2. Restroom access must be provided either within the buildings on the property or through
use of portable facilities. If recreational vehicles are hosted, facilities for proper disposal of waste
shall be provided; and
3. The religious organization providing spaces for safe parking shall abide by all existing on-site
parking minimum requirements so that the provision of safe parking spaces does not reduce the
total number of available parking spaces below the minimum number of spaces otherwise
required by the MMC. Provided, the city may in its discretion enter into a memorandum of
understanding with the religious organization that reduces the minimum number of on-site
parking spaces required.
B. The host religious organization or the managing agency must inform vehicle residents how to
comply with laws regarding the legal status of vehicles and drivers and provide a written code of
conduct consistent with applicable city standards. (Ord. 007/2021 § 2 (Exh. A))
22.90.100 Temporary encampment permit – Application and review
process – Appeals.
A. Application. The form of the application for a temporary encampment permit shall be provided
by the zoning administrator. The completed application for a temporary encampment permit shall be
signed by the host religious organization and/or managing agency, and shall be submitted to the
community development department in accordance with this section. No fee shall be required for
such application. The application shall contain, at a minimum, contact information for the applicant,
and detailed information regarding the following:
1. How the proposed temporary encampment will meet the requirements set forth in this
chapter;
2. Potential adverse effects that the proposed temporary encampment will likely have on
neighboring properties and the community;
September 28, 2022 Planning Commission Agenda Packet Page 52 of 65
Ch. 22.90 Temporary Encampments | Monroe Municipal Code Page 10 of 11
The Monroe Municipal Code is current through Ordinance 023/2022, passed August 23, 2022.
3. Measures to mitigate such adverse effects;
4. A proposed written code of conduct for the temporary encampment;
5. Measures to meet applicable requirements of the International Fire Code;
6. Certification that the Monroe police department has completed, or shall complete, sex
offender checks of all adult residents and guests of the temporary encampment as required by
MMC 22.90.040;
7. An irrevocable, signed, and notarized statement, in a form approved by the city attorney,
granting public officials from agencies with applicable regulatory jurisdiction, including without
limitation the building official and fire marshal, to periodically enter upon the property to
conduct inspections at reasonable times, consistent with applicable constitutional and statutory
standards; and
8. An irrevocable, signed, and notarized statement, in a form approved by the city attorney,
granting the city and the city’s agents permission to enter upon the property and summarily
abate the temporary encampment and all physical evidence thereof if the temporary
encampment is not removed by the applicant within the period specified as part of the
temporary encampment permit, and agreeing to reimburse the city for any expenses incurred by
the city in abating the temporary encampment.
B. Community Meeting. Unless the use is in response to a federal, state or locally declared
emergency, the host religious organization or the managing agency shall hold a meeting open to the
public prior to the opening of a temporary encampment for the purpose of providing a forum for
discussion of related neighborhood concerns. The religious organization must provide written notice
of the community meeting to the city council at least one week, if possible, but no later than ninety-
six hours prior to the meeting.
1. The notice must specify the time, place, and purpose of the meeting; and
2. Public notice of the meeting shall be provided by the city by taking at least two of the
following actions at any time prior to the time of the meeting:
a. Delivering to each local newspaper of general circulation and local radio or television
station that has on file with the city a written request to be notified of special meetings;
b. Posting on the city’s website;
September 28, 2022 Planning Commission Agenda Packet Page 53 of 65
Ch. 22.90 Temporary Encampments | Monroe Municipal Code Page 11 of 11
The Monroe Municipal Code is current through Ordinance 023/2022, passed August 23, 2022.
c. Prominently displaying, on signage at least two feet in height and two feet in width, one
or more meeting notices that can be placed on or adjacent to the main arterials in proximity
to the location of the meeting; or
d. Prominently displaying the notice at the meeting site.
C. Application Review. The zoning administrator shall issue a decision approving or denying the
application for a temporary encampment permit within fourteen days of the date that the application
was submitted.
D. Decision. A notice of decision for the temporary encampment, or summary thereof, shall contain
the decision of the zoning administrator approving or denying the application, and the appeal
procedure, and shall be distributed as required within four business days after the decision.
E. Conditions of Approval. Reasonable conditions of approval may be imposed as deemed necessary
by the zoning administrator in order to protect the health, safety, and welfare of the public and the
occupants of the temporary encampment, consistent with this chapter and applicable federal and
state law. Such conditions of approval shall include execution of a memorandum of understanding as
required by this chapter. Without limitation of the foregoing, any such conditions of approval shall
comply with RCW 35A.21.360 and applicable state and federal law concerning religious exercise.
F. Appeal. The zoning administrator’s decision to approve, approve with conditions, or deny the
application is appealable directly to Snohomish County Superior Court in accordance with the
procedures and time frames of the Land Use Petition Act, Chapter 36.70C RCW. (Ord. 007/2021 § 2 (Exh.
A))
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The Monroe Municipal Code is current through Ordinance 023/2022, passed August 23, 2022.
Disclaimer: The city clerk’s office has the official version of the Monroe Municipal Code. Users should
contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: www.monroewa.gov
Code Publishing Company
September 28, 2022 Planning Commission Agenda Packet Page 54 of 65
Woodinville Municipal Code
Page 1/3
The Woodinville Municipal Code is current through Ordinance 736, passed June 21, 2022.
21.36.120 Temporary encampments.
(1) This section applies to temporary encampments which house groups of persons experiencing homelessness,
excluding indoor temporary housing or indoor sleeping accommodations to homeless persons.
(2) Only the following entities can establish a temporary encampment described in subsection (1) of this section:
(a) Religious organizations as set forth in the Religious Land Use and Institutionalized Persons Act, 42 U.S.C.
Chapter 21c;
(b) Any 501(c) Internal Revenue Service recognized nonprofit organization having expertise managing
facilities for homeless persons;
(c) Government agencies that provide services for homeless persons.
(3) Temporary encampments are permitted on public or private property, except R-1 zoned properties having
ownership not listed in subsection (2) of this section.
(4) Temporary encampments must satisfy the following requirements:
(a) No more than 50 residents shall reside within a temporary encampment;
(b) The temporary encampment must be sponsored and/or managed by one or more of the entities set forth in
subsection (2) of this section;
(c) The property must be sufficient in size to accommodate the temporary encampment;
(d) The temporary encampment must be located at least 20 feet from any property line abutting a property
having an existing residential use, and 10 feet from all other property lines;
(e) A sight-obscuring screen shall be erected around the outer perimeter of the temporary encampment
consisting of any combination of fencing, landscaping, existing structures, or other screening methods
approved by the Director;
(f) The temporary encampment shall make adequate accommodations that ensure the general health, welfare
and safety of the residents including, but not limited to, potable water, sanitation facilities, solid waste removal,
fire protection, electricity, noise control and security;
(g) Suitable on-site parking and space for deliveries must be provided; and
(h) No permanent structures are constructed under the provisions for this section.
(5) The operating of a temporary encampment shall include the following:
(a) A point of contact shall be appointed and on file with the City for managing and enforcing the terms of the
temporary use permit;
(b) A code of conduct for living at the temporary encampment shall be established specifying:
(i) Operating policies;
(ii) Restrictions on drugs, alcohol, weapons, violence, open flames;
(iii) Prohibitions on smoking in public places, littering, loitering and/or trespassing on nearby properties;
and
(iv) Establishment of quiet hours;
(c) Establishment of measures that ensure compliance with all applicable State and local regulations as well as
the code of conduct for the temporary encampment;
September 28, 2022 Planning Commission Agenda Packet Page 55 of 65
Woodinville Municipal Code
Page 2/3
The Woodinville Municipal Code is current through Ordinance 736, passed June 21, 2022.
(d) The sponsor and/or managing entity shall take all reasonable and legal steps to:
(i) Obtain verifiable identification from current and prospective encampment residents and use such
identification to obtain sex offender and warrant checks from agencies; and
(ii) If said warrant and sex offender checks reveal either (A) an existing or outstanding warrant from any
jurisdiction in the United States for the arrest of the individual who is the subject of the check; or (B) the
individual who is the subject of the check is a sex offender, required to register with the County Sheriff or
their county of residence pursuant to RCW 9A.44.130, then the sponsoring and/or managing entity will
reject the individual who is the subject of the check for residency in the temporary encampment, or eject
the individual who is the subject of the check from the temporary encampment if that person is already a
resident of the temporary encampment; and
(iii) Notify the City’s Police Department if an individual is ejected from the encampment due to an active
warrant or match on a sex offender check, or if the individual appears to pose a threat to the community;
and
(e) The managing entity shall allow access for inspections by public agency officials for the purposes of
ensuring public health, safety, and welfare and for monitoring compliance with the requirements set forth
herein and the conditions of approval of the temporary use permit.
(6) Timing.
(a) A temporary use permit may authorize the occupation of a temporary encampment for up to a maximum of
150 days after which all temporary facilities of the encampment must be removed within seven calendar days;
(b) Only one temporary encampment is allowed on the same property during any 365-day period with a
minimum 180 days separating the erecting of another temporary encampment on the same property.
(7) Submission of an application for a temporary use permit for a temporary encampment shall include the
following:
(a) A written project summary specifying the following information:
(i) The date the temporary encampment will commence;
(ii) The length of time the temporary encampment will be erected;
(iii) The maximum number of residents proposed;
(iv) The manner in which the temporary encampment will comply with the requirements of this section;
(b) Site plan drawing identifying the location of all sleeping tents, sanitation facilities including restrooms and
showers, cooking facilities, waste receptacles, water facilities, sanitary sewer or human waste disposal
facilities, parking and delivery space facilities, and any other pertinent information identified by the Director as
being necessary to show compliance with this section;
(c) Name and contact information of the sponsor, managing agency and, if applicable, other point of contact
information;
(d) Property owner’s authorization for the temporary encampment’s use of the property;
(e) A copy of the proposed code of conduct and operating agreement;
(f) Information on transportation and transit services to and from the encampment; and
(g) In the case of nonreligious organizations, evidence of the organization’s ability to successfully and safely
operate a temporary encampment for homeless persons.
September 28, 2022 Planning Commission Agenda Packet Page 56 of 65
Woodinville Municipal Code
Page 3/3
The Woodinville Municipal Code is current through Ordinance 736, passed June 21, 2022.
(8) Decision Criteria. A temporary use permit for a temporary encampment may be approved by the director if the
following criteria are satisfied:
(a) Adequate provisions are made for public health and safety;
(b) The proposed use will not be materially detrimental to the public welfare or injurious to the property or
nearby improvements; and
(c) The proposed use satisfies the requirements of this section and all other applicable local, State and Federal
regulations.
(9) Miscellaneous Provisions.
(a) Conditions of Approval.
(i) Because each temporary encampment has unique characteristics such as size, duration, uses, number of
occupants and composition, the Director is authorized to impose conditions on the approval of a temporary
use permit;
(ii) Conditions, if imposed, must be intended to minimize nuisance-generating features in matters of noise,
waste, air quality, unsightliness, traffic, physical hazards and other similar matters.
(b) The Director may modify the submittal requirements to request more or less information if determined
appropriate to achieve the purpose of this chapter.
(c) If the sponsoring and/or managing entities, upon being notified by the Director in writing, fail to act to
correct any violations in a reasonable time, the temporary use permit may be revoked.
(d) The provisions for temporary uses set forth in WMC 21.36.030, 21.36.040 and 21.82.130 shall not apply to
temporary encampments. (Ord. 706 § 32, 2020; Ord. 644 § 1, 2018)
September 28, 2022 Planning Commission Agenda Packet Page 57 of 65
`
MEMORANDUM
DATE: September 14, 2022
TO: Port Angeles Planning Commission
FROM: Planning Division Staff
RE: Staff Response to Planning Commission Proposed Amendments to Title 17
In an effort to assist the Planning Commission and move the amendment process forward, Planning Division
staff has prepared a memorandum addressing the amendments to Title 17 of the Port Angeles Municipal
Code (PAMC) initially brought forward by former Planning Commissioner Stephen Luxton. This response
provides constructive feedback accompanied by historical context and the rationale behind staff’s analysis
of the Planning Commission’s unanimously adopted motion to move forward with the proposed Title 17
amendments. Each suggested amendment is provided an individual response and staff recommendation,
which staff can elaborate on at the September 14th Planning Commission meeting as necessary. The original
document suggesting the amendments is included in the appendix.
Changes to Chapter 17.08 – Definitions
➢ Rearrangement of dwelling type definitions
Staff understands the desire of the Commission to allow users of the PAMC to efficiently find entries
for commonly used terms, including different types of dwelling units. However, there is a benefit to
having all definitions for the multiple types of dwelling units allowed in the City in one section for
ease of reference and comparison. One possible solution would be to take a hybrid approach that
retains the definitions of different types of residential dwellings in Section 17.08.025 PAMC, while
adding corresponding definitions in the appropriate sections for each type of dwelling unit, so users
can find the definition regardless of which place they look first. For example, the definition for
Dwelling, single-household should remain in Section 17.08.025 PAMC, while a definition for “single-
household dwelling” is added to Section 17.08.095 PAMC. Either the definitions should be identical,
or one should reference the other in the manner commonly used in glossaries (e.g. See Dwelling,
single-household) to ensure that users obtain the same information regardless of where they look
for a definition in Chapter 17.08 PAMC.
➢ Take multi-family definition from Chapter 17.46 and add it to Chapter 17.08
The definition of “Multi-family housing” as used in Section 17.46.020 PAMC is derived from RCW
84.14.010 and is not meant to be applied to any other scenario in the City of Port Angeles other
than those activities undertaken pursuant to Chapter 17.46 - PROPERTY TAX EXEMPTIONS FOR
MULTI-FAMILY HOUSING. As such, staff believes it beneficial to update the definition found in
Section 17.46.020 PAMC to reflect this status rather than updating the definition found in Chapter
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17.08 PAMC. A sentence could be added to the definition in Section 17.46.020 PAMC stating
something similar to “The definition of “multi-family housing” as included in this section is derived
from Washington State law, is for use only in relation to property tax exemptions as regulated by
Chapter 17.46 PAMC, and shall not be applied to other occurrences of “multi-family housing” or
similar terms elsewhere in the PAMC.”
➢ Add “corner shop” definition
Staff supports this proposal. As part of the amendment process, research can be done to provide
an updated definition based upon similar definitions from other municipalities within Washington
State.
Changes to Chapter 17.10 - R7, Residential, Low Density Zone
➢ Removal of pluralism for “single-household dwellings” and “duplexes”
Staff does not support this proposal. In municipal code language generally, “zones” are defined
differently than “property”. Whereas a single property might currently allow only one duplex due
to Comprehensive Plan land use standards, a zone is an overlay over multiple properties that
provides standards for design and use. More than one duplex is allowed in the R7 zone. In fact, there
are currently no minimum and maximum density standards for duplexes in the zone as a whole,
which is one reason why the use of the term is plural in Section 17.10.020 PAMC. The zone’s density
is meant to be controlled by the minimum and maximum lot sizes, dependent upon whether the lot
has access to an alley. In other words, use of plural terms in a list of permitted uses for a zone does
not imply that multiple structures of that type can be permitted on a single property in that zone.
Moreover, Section 1.04.020 PAMC makes it clear that use of the plural can connote the singular in
the PAMC, and vice versa. Given this rule, current language of Section 17.10.020 PAMC does not
imply that multiple duplexes can be permitted on one lot in the R7 zone, even though the zone
allows “duplexes” as a use. The same can be said for single-household dwellings.
➢ Defining minimum lot size for certain permitted uses in Section 17.10.020 PAMC
With the potential for multi-family development in the R7 zone, staff does not see this change as
being necessary. Table 17.10.050-1 PAMC already defines minimum lot area for all lots in the R7
zone, regardless of primary use. However, there is not currently a maximum net density specified.
Staff suggests changing the density maximum to 1 dwelling unit per 1,750 square feet of lot area,
allowing for 2 dwelling units on a 3,500 square foot lot and 4 dwelling units on a 7,000 square foot
lot. No change should be made to the minimum lot area.
➢ Addition of two duplexes
Staff does not support this proposal, but does support its intent regarding density of development,
which is to allow for four dwelling units on a single lot. Staff supports the allowance of multi-family
housing in the R7 zone and the provision of maximum density standards that will control the total
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number of units allowed per square foot of lot area.
➢ Addition of multi-family buildings containing up to four units on a 7,000 square foot lot
Staff supports this change and has also determined that this is already allowed for detached
structures. Section 17.21.30 PAMC, which establishes development requirements for cottage
housing development, currently defines each cottage as being counted as one-third of a dwelling
unit. There are no minimum lot size standards applicable to cottage housing, as long as the housing
complies with density standards of the zone. Cottage housing is also subject to design standards
including those related to separation, height, size, open space, and roofed porches for those
cottages facing open space.
Inclusion of multi-family housing of up to 4 units per 7,000 square feet would require basic design
standards to ensure that the use is harmonious with the surrounding neighborhood. These
standards could include height, open space, screening, setback, and location along certain street
classifications. Amending the PAMC to allow multi-family housing in the R7 zone would also require
a Comprehensive Plan Amendment.
RCW Chapter 84.14 – “New and Rehabilitated Multiple-Unit Dwellings in Urban Centers” was
recently amended to define multiple-unit housing to include a building or a group of buildings having
four or more dwelling units not designed or used as transient accommodations and not including
hotels and motels. Using this definition and a maximum density standard of one unit per 1,750
square feet would allow for a multi-family tax exemption to be utilized for the property, which would
help incentivize this type of development.
➢ Addition of “corner shop” to conditional uses
Staff supports this proposal. Adding commercial uses into Euclidean based residential zones will
ultimately improve quality of life for the residents of Port Angeles. This proposal is a small step in a
larger effort staff is interested in initiating to amend the Comprehensive Plan Future Land Use Map
and rezone certain areas that are currently zoned residential and abut minor and primary arterial
streets to allow for more flexibility in use, including mixed use structures and a mix of uses on
separate properties. This could include the redesignation of some streets to extend mixed use
development corridors into primarily residential districts, thereby creating more commercial edges.
Staff suggests including this conditional use in all residential zones. The corner shop use will allow
for limited commercial uses on local access streets that abut collector arterials, or at any
intersection within an area zoned RMD or RHD. The use should be accompanied by design standards
that ensure it exists harmoniously with the surrounding residential development.
Changes to Chapter 17.11 - R9, Residential, Low Density Zone
➢ Removal of pluralism for “single-household dwellings” and “duplexes”
See the above discussion of this proposed amendment in the R7 zone, which is also applicable to
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the proposal in the R9 zone.
➢ Addition of “corner shop” to conditional uses
See the above discussion of this proposed amendment in the R7 zone, which is also applicable to
the proposal in the R9 zone.
Delete Chapter 17.23 – Commercial Arterial and its reference in Chapters 17.01 and 17.03
Staff supports this proposal. This is a scrivener’s error. The chapter has been removed, and was not
intended to appear in the PAMC, especially considering that standards applicable to the Commercial
Arterial zone are also contained in Chapter 17.20. Chapter 17.01 does need to be reviewed and changed to
address this as well. References remain in the PAMC for obsolete chapters that individually address
commercial zones, which have all been included in Chapter 17.20 – Commercial Zones. The intent of the
consolidated chapter addressing all commercial zones was to simplify the use of the PAMC for developers
of commercial property.
Delete Chapter 17.25 – Commercial Regional and its reference in Chapters 17.01 and 17.03
Staff does not support this proposal. The Commercial Regional zoning designation has been assigned to
areas within the Urban Growth Area (UGA) along the Highway 101 corridor that are not yet annexed into
the City of Port Angeles. While these properties are not currently zoned Commercial Regional, that zone is
their intended designation if the properties are ever annexed. The zone was intended to remain
independently designated outside of the other commercials zones covered by Chapter 17.20 because of
this unique situation. If any of the areas designated in the UGA are annexed at some point in the future,
retention of this chapter will ensure the City already has standards in place to govern development on those
properties.
Delete Chapter 17.45 – Infill Overlay Zone
Staff does not currently support this proposal. Staff intends to review and propose consolidation of the
City’s various overlay zones into a single overlay zone process during Phase II of the Building Residential
Capacity code changes. Until that occurs, the Infill Overlay Zone serves a unique and necessary purpose.
Replace occurrences of “apartments” with “multi-family building” throughout Title 17
Staff agrees with this recommendation and believes that eliminating or replacing the terms “apartment
building” or “apartment” throughout Title 17 in favor of using the term “multi-family dwelling” as defined
in Section 17.08.025 PAMC would be an improvement. This should increase flexibility, decrease redundancy
in use of terms, and eliminate the potential for confusion of terms by staff and developers. “Apartment” is
not defined in Chapter 17.08 PAMC, so it is unclear why it is currently distinguished from “multi-family
dwelling” in certain sections throughout Title 17.
September 28, 2022 Planning Commission Agenda Packet Page 61 of 65
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Appendix
Exhibit A: Original Suggestions Presented by Commissioner Stephen Luxton
September 28, 2022 Planning Commission Agenda Packet Page 62 of 65
Addition of commercial uses in residential zones
Add below definition to Title 17 - Zoning: Definitions “C”
Corner Shops
Corner shops are establishments such as cafes, restaurants, convenience stores, lounges,
coffee shops, food, vegetable and fruit stands and pubs developed on corner lots where streets
face on two sides. Corner shops are developed in residential zones to promote walkability,
community economic development, sustainability and health. No corner shop shall have a gross
floor area greater than 1000 sq ft. Corner shops shall not conduct business later than 9PM or
before 7:30 AM.
Add below Conditional Use in R7, R9 and R11
Corner Shops
Fixes and expansions of uses within the R7 zoning without density
increases - additions in red
17.10.020 Permitted uses.
A.Adult family home.
B.Single-household dwelling.Minimum lot size 5000 sq. f.
C.Small lot single-household dwelling.Minimum lot size 3500 sq. f.
D.Exempted home occupations.
E.Child care provider.
F.Group living.
G.Duplex.Minimum lot size 3500 sq. f.
H.Cottage Housing
I.Two Duplexes. Minimum lot size 7000 sq.f.
J.Multi-Family. Maximum of 4 units. Minimum lot size 7000 sq. f.
September 28, 2022 Planning Commission Agenda Packet Page 63 of 65
Fixes for the R9 - additions in red - Correcting plural uses
A.Adult family home.
B.Single-household dwelling.
C.Exempted home occupations.
D.Child care provider.
E.Group living.
F.Duplex.
G.Cottage housing.
Fixes to Commercial Zones/Block Frontages
When Building residential capacity was brought in, it overwrote three of the city’s six commercial
zones and repealed one. Now some of the commercial zones have their own chapter and others
don't. 17.20 was supposed to be a consolidated chapter to cover all 5 commercial zones.
Delete chapter 12.23: Commercial Arterial
Delete chapter 17.25: Commercial Regional
Delete references in 17.01 and 1703
This zoning does not exist anywhere and is not even on the City zoning map legend. It’s not
included in the new 17.20 zoning chapter. CR should be removed as a zone and deleted from
the code.
Infill Overlay Zone 17.45 - Pointless and uneeded
Delete Infill overlay zone 17.45
Our residential zoning already allow density higher than what could be achieved by utilizing this
overlay. Rendering it pointless.
September 28, 2022 Planning Commission Agenda Packet Page 64 of 65
Fixes to definitions 17.08
Instead of having all the different types of residential buildings under definition “D” Dwellings,
remove dwelling from in front of the building types and put them in the definitions page so they
are consistent with how they appear in the permitted uses, conditional uses and accessory use
tables throughout the rest of the code.
Take Multi-family definition from 17.46 and add it to 17.08 Definitions “M”
Multi-family is defined in 17.08 as three units or more and in 17.46 as four units or more.
Swap Multi-Family for Apartments everywhere in the entire code. Where an apartment house or
apartment building appears, swap from multifamily building.
September 28, 2022 Planning Commission Agenda Packet Page 65 of 65