The purpose of this chapter is to implement and provide a process for amending the comprehensive plan adopted by Ordinance 2818 (Comprehensive Plan) on an annual basis in compliance with the Growth Management Act, Chapter 36.70A RCW (GMA).

(Ord. 2858, 2/17/1995)

As required by the GMA and to the extent consistent with Initiative 62, as codified in Chapter 43.135 RCW, the City of Port Angeles shall perform its activities and make capital budget decisions in conformity with the comprehensive plan. As further required by the GMA and to the extent consistent with Initiative 62, the City shall revise its development regulations to be consistent with the comprehensive plan.

(Ord. 2858, 2/17/1995)

A.

As required by the comprehensive plan, the City shall develop and update comprehensive service and facility plans for the following utilities and services within five years and shall update said plans every five years thereafter.

Utility/service

1.

Transportation plan (streets, bikeways and pedestrian walkways);

2.

Water system plan;

3.

Sanitary sewer (wastewater) plan;

4.

Electrical system plan;

5.

Parks and recreation plan;

6.

Emergency services plans:

a.

Police;

b.

Fire;

c.

Medical response.

B.

The City will cooperate with private and/or public agencies in developing individual comprehensive service and facility plans for each of the following utilities and services and in so doing will attempt to complete said plans within five years and shall update said plans every ten years thereafter.

Utility/service

1.

Telecommunications plan;

2.

Education plan (school facilities);

3.

Mass transit plan (air, marine and public transit);

4.

Solid waste collection and disposal plan.

(Ord. 2858, 2/17/1995)

All proposed amendments to the comprehensive plan shall be considered concurrently on an annual basis from July 1st through June 30th and shall be adopted no more than once during said period, except that amendments conforming to the GMA may also be adopted whenever an emergency exists. Amendment proposals should be submitted, public hearings will be conducted, and action shall be taken, in accordance with the following schedule:

A.

Comprehensive plan amendment proposals shall be submitted no later than March 31st;

B.

The Washington State Department of Community, Trade and Economic Development (CTED) shall be notified of comprehensive plan amendment proposals no later than May 1st;

C.

Planning Commission hearings will be conducted prior to or during May;

D.

City Council hearings will be conducted prior to or during June;

E.

The City Council's decision shall be rendered no later than June 30th and shall be transmitted to CTED within ten days after final adoption.

(Ord. No. 3441 § 12, 11/15/2011; Ord. 2858, 2/17/1995)

A.

Comprehensive plan amendment proposals shall be submitted on a form provided by the Planning Department.

B.

Comprehensive plan amendment proposals must be accompanied by a processing fee as set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix A.

C.

Comprehensive plan amendment proposals shall include the following information:

1.

A detailed statement of what is proposed to be changed and why;

2.

A statement of anticipated impacts of the proposed change, including the geographic area affected and the issues presented.

D.

Comprehensive plan amendment proposals should address the elements set forth in PAMC 18.04.060.

(Ord. 3719 § 1, 9/5/2023; Ord. 2858, 2/17/1995)

Comprehensive plan amendments shall address the following elements:

A.

Demonstration of why existing comprehensive plan provision(s) should not continue in effect;

B.

Demonstration of how the amendment complies with the Growth Management Act's goals and specific requirements;

C.

Demonstration of how the amendment complies with the county-wide planning policies;

D.

Demonstration of how the amendment is consistent with the capital facilities plan and the comprehensive services and facilities plans;

E.

Demonstration of how the amendment is in the public interest and is consistent with the public health, safety and welfare;

F.

Consideration of the cumulative effect of all proposed comprehensive plan amendments.

(Ord. 2858, 2/17/1995)

A.

The capital facilities plan shall be updated on an annual basis; provided, however, that the public hearing process and adoption of the annual capital facilities plan update may coincide with the City's schedule for adoption of the annual operating budget rather than the annual comprehensive plan amendment cycle.

B.

During the annual process of updating the capital facilities plan and adopting the annual operating budget, the City shall make projections as to whether or not the City will be able to provide the levels of service required by the comprehensive plan for those urban services necessary to serve anticipated or already permitted development.

C.

If the City's projections indicate that the City will not be able to provide the level of service required by the comprehensive plan for those urban services necessary to serve anticipated or already permitted development, the City shall take actions to minimize further degradation of the impacted service or facility. This may include one or any combination of the following actions:

1.

Reduce the level of service standard;

2.

Increase funding by increasing revenues;

3.

Reduce demand by revising the Comprehensive Plan Land Use Map and/or Zoning Map; and/or

4.

Reduce demand by reducing consumption (i.e., conservation).

(Ord. 2858, 2/17/1995)

A.

Public hearings on comprehensive plan amendments shall be conducted by the Planning Commission and the City Council in accordance with the schedule set forth in PAMC 18.04.040.

B.

Notice of public hearings on comprehensive plan amendments shall be provided in the same manner as set forth in PAMC 17.96.140 for public hearings required pursuant to the zoning code.

(Ord. 2858, 2/17/1995)

A.

The Planning Commission shall make a recommendation to the City Council on all comprehensive plan amendments.

B.

The City Council shall make the final decision on all comprehensive plan amendments. The Council's decision shall be supported by written findings and conclusions, which shall address the elements set forth in PAMC 18.04.060.

(Ord. 2858, 2/17/1995)

Any appeal of a final decision rendered by the City Council pursuant to this title shall be filed in Clallam County Superior Court within 21 days of such final decision or be barred.

(Ord. 2990 § 6, 5/15/1998; Ord. 2858, 2/17/1995)

The purpose of this chapter is to implement the comprehensive plan provisions regarding urban services by setting forth the requirements for urban services that must be met before certain types of development can occur within the City of Port Angeles.

(Ord. 2857 § 1, 2/17/1995)

A.

"Development" means any activity, requiring a permit from the City, which would alter the elevation of the land, remove or destroy plant life, cause structures of any kind to be installed, erected, or removed, divide land into two or more parcels, or any use or extension of the use of the land.

B.

"Urban services" means services that are normally available in an urban environment which include provisions for sanitary waste systems, solid waste disposal systems, water systems, urban roads and pedestrian facilities, transit systems, stormwater systems, police and fire and emergency service systems, electrical and communication systems, school and health care facilities, and neighborhood and/or community parks.

(Ord. 2857 § 1, 2/17/1995)

The urban services requirements as set forth in PAMC 18.08.040, 18.08.050, 18.08.060, 18.08.070, 18.08.080, 18.08.090, 18.08.110, and 18.08.120 shall be provided by the developer or in place prior to approval by the City of a final subdivision, final short subdivision, building permit or certificate of occupancy, whichever is applicable based on the type of development and urban service required.

(Ord. 2857 § 1, 2/17/1995)

A.

Street and access requirements for lots or parcels without established street access shall be as set forth in PAMC 14.01.115.

B.

Street and access requirements for short subdivisions shall be as set forth in Chapter 16.04 PAMC.

C.

Street and access requirements for subdivisions shall be as set forth in Chapter 16.08 PAMC.

D.

Development that creates pedestrian traffic on any arterial streets and any other streets identified in the City's transportation plan as school walking routes shall include pedestrian sidewalks.

(Ord. 2857 § 1, 2/17/1995)

A.

Single-family residences shall be served with potable water at the rate of two gallons per minute at 30 psi and with fire flow at the rate of 1,000 gallons per minute at 20 psi or as otherwise provided in the International Fire Code.

B.

Multi-family residences shall be served with potable water at the rate of one gallon per minute at 30 psi and with fire flow at the rate established by the International Fire Code.

C.

Commercial and industrial buildings and structures shall be served with potable water at the rate of one gallon per minute at 30 psi and with fire flow at the rate established by the International Fire Code.

(Ord. 2857 § 1, 2/17/1995)

Connection to the City's sanitary sewer system shall be required as set forth in PAMC 13.61.070 unless a private wastewater disposal system is allowed as set forth in PAMC 13.61.090; provided, however, that sanitary sewer service must have the capability of processing 300 gallons of water per day per person.

(Ord. 2857 § 1, 2/17/1995)

Stormwater discharge shall be allowed only in accordance with the requirements set forth in Chapters 13.63, 15.28, 16.04 and 16.08 PAMC and the standards and guidelines adopted pursuant thereto.

(Ord. 2857 § 1, 2/17/1995)

Solid waste collection service shall be compulsory, as set forth in PAMC 13.54.030. Recycling service shall be voluntary, as set forth in PAMC 13.54.065.

(Ord. 2857 § 1, 2/17/1995)

All development of buildings and structures shall include electrical service as set forth in Chapter 14.05 PAMC. The service shall be underground unless the cost of underground electrical service is prohibitive as determined by the Light Director pursuant to Light Department standards and guidelines.

(Ord. 2857 § 1, 2/17/1995)

All lots in new subdivisions and new short subdivisions shall be provided with telecommunication services at or greater than the following level of service standards:

A.

Telephone: One service per dwelling unit or business.

B.

Cable television: One service per dwelling unit.

(Ord. 2857 § 1, 2/17/1995)

A.

All single-family residences and duplexes shall either be located within a four-minute response time from a City of Port Angeles Fire Station or shall meet the following fire suppression requirements:

1.

Each single-family residence and duplex outside the four-minute response time, except for residences within new subdivisions as provided for in subsection A.2., shall have either of the following:

a.

A residential sprinkler system that is installed and maintained in accordance with International Fire Code (IFC) and National Fire Protection Association (NFPA) standards; or

b.

An outside alarm bell that is electronically connected to the residential smoke alarm system in accordance with the requirements of the Fire Chief or designee.

2.

Each single-family residence and duplex within a new subdivision outside the four-minute response time shall be equipped with a residential sprinkler system that is installed and maintained in accordance with International Fire Code (IFC) and National Fire Protection Association (NFPA) standards, provided that such subdivisions shall be allowed to have the following reduced standards for cul-de-sac size and fire hydrant spacing:

a.

Cul-de-sac diameter measured from curb to curb may be reduced from the normal 100 feet standard to either 90 feet or, if the cul-de-sac is restricted and posted for no parking, to 80 feet; and

b.

Distance between fire hydrants may be increased from the normal standard of 500 feet average spacing between hydrants to not more than 1,000 feet.

3.

Each new single-family residence and duplex in areas that do not have water system infrastructure improvements meeting City standards and that are outside the four-minute response time shall have either of the following:

a.

A fire hydrant within 1,000 feet of the furthest point of the structure, as measured by an approved route around the exterior of the building; or

b.

An approved residential sprinkler system, adequate clearance to expose structures, and compliance with the defensible space requirements prescribed in the current IFCI Urban-Wildland Interface Code.

4.

The fire flow requirement shall be either of the following:

a.

500 gallons per minute for new single-family dwellings less than 3,600 square feet; or

b.

1,000 gallons per minute for new single-family dwellings larger than 3,600 square feet.

B.

All multi-family residential developments shall have automatic sprinkler systems as set forth in Chapter 14.26 PAMC.

C.

The requirements of this section shall apply only to newly constructed residential buildings and reconstruction of residential buildings to an extent that exceeds 75 percent of the existing assessed value of the building.

(Ord. 3290 § 2, 8/31/2007; Ord. 3165 § 4, 7/30/2004; Ord. 3140 § 3, 5/16/2003; Ord. 2987, 4/17/1998; Ord. 2860 3/3/1995)

During the review process established pursuant to the State Environmental Policy Act (SEPA), the following urban services as set forth in the comprehensive plan shall be evaluated and applied to development proposals as potential mitigation measures or conditions:

A.

Parks and recreation;

B.

Transit;

C.

Police;

D.

Schools.

(Ord. 2857 § 1 2/17/1995)

A.

Each City department that is responsible for administering the urban services set forth in this chapter shall have the authority to develop, update, administer, and enforce standards and guidelines which describe how the urban service requirements set forth in this chapter are to be met.

B.

The standards and guidelines shall meet the following requirements:

1.

The standards and guidelines shall be consistent with this chapter, the comprehensive plan, and applicable state and federal laws.

2.

A current copy of the standards and guidelines shall be filed with the City Clerk.

C.

The standards and guidelines, or their application to a particular development, may be appealed to the City Manager.

(Ord. 2857 § 1, 2/17/1995)

A.

The purpose of this chapter is to implement the requirements of the provisions of Chapter 36.70B RCW (the Local Project Review Act) regarding compliance, conformity, and consistency of proposed projects with the City of Port Angeles Comprehensive Plan and development regulations. This chapter also establishes standard procedures, decision criteria, public notification, and timing for project permit decisions made by the City of Port Angeles.

B.

These procedures are intended to:

1.

Promote timely and informed public participation;

2.

Eliminate redundancy in the application, permit review, and appeals processes;

3.

Process permits equitably and expediently;

4.

Ensure that decisions are made consistently and predictably; and

5.

Result in development that furthers City goals as set forth in the comprehensive plan.

C.

These procedures provide for an integrated and consolidated permit process.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

Project permit or project permit applications. Any land use or environmental permit or license required from a local government for a project action, including, but not limited to, building permits, clearing and grading permits, right-of-way construction permits, development applications, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones which do not require a comprehensive plan amendment, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.

B.

Applicable Director. For the purposes of this chapter, applicable Director means the Director of Community and Economic Development, the Building Official, the Director of Public Works and Utilities, the City Engineer, the Fire Marshal, or any of their designees. Each section noting applicable director shall be solely dependent on the department responsible for the specific project permit process.

(Ord. 3742 § 10(Att. J), 12/17/2024)

For the purpose of project permit processing under this Code, all development applications will be classified as one of the following: Type 0, Type I, Type II, Type III, or Type IV (see Table 18.02.050-2 below). Legislative decisions are classified as Type V actions and are addressed in Chapter 18.04 PAMC. Exemptions from project permit application processing requirements are set forth in PAMC 18.02.090.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

Determination by the applicable Director. The applicable Director will determine the proper procedure for all development applications. Questions concerning the appropriate procedure shall be resolved in favor of the higher-numbered procedure.

B.

Optional consolidated permit processing. An application that requires two or more permits may be processed concurrently under the highest numbered procedure required for any part of the application or may be processed individually under each of the application procedures identified in PAMC 18.02.160. The applicant can choose whether the application is processed collectively or individually. If processed separately, the highest-numbered Type procedure must be completed first, followed by the remaining procedures descending from highest to lowest.

C.

Decisionmaker(s). Applications processed in accordance with subsection B of this section, with the same procedure type, but are assigned to different hearing bodies, shall be heard collectively by the highest decisionmaker with the City Council being the highest body, followed by the Hearing Examiner, and then the applicable Director.

(Ord. 3742 § 10(Att. J), 12/17/2024)

Table 18.02.050-1 Action Types—Recommendation/Approval Process

Table 18.02.050-2 Permit Types—Decisions

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

Applicable Director's decision to hold joint hearing. The applicable Director may combine any public hearing on a project permit application with any hearing that may be held by another local, state, regional, federal, or other agency, on the proposed action, as long as the requirements of subsection C of this section are met.

B.

Applicant's request for a joint hearing. The applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be held within the time periods set forth in this title. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to complete the hearings.

C.

Prerequisites to joint public hearing. A joint public hearing may be held with another local, state, regional, federal, or other agency and the City, when:

1.

The other agency is not expressly prohibited by statute from doing so;

2.

Sufficient notice of the hearing is given to meet each of the agencies' adopted notice requirements as set forth in statutes, ordinances, or rules;

3.

The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the City hearing; and

4.

The hearing is held within the established City limits.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

Decision. The following decisions are legislative and are not subject to the procedures in this chapter unless otherwise specified:

1.

Port Angeles Municipal Code text and development regulation amendments;

2.

Land use map, zoning, or district amendments;

3.

Area-wide rezones to implement City policies contained within the Port Angeles Comprehensive Plan and amendments thereto;

4.

Adoption of the Port Angeles Comprehensive Plan and any plan amendments;

5.

Annexations;

6.

Shoreline Master Program adoption and amendments;

7.

Development agreements; and

8.

All other master land use, subarea, functional and/or utility plans and amendments thereto.

B.

Procedures. Except as otherwise provided in this chapter, the procedures for the legislative decisions specified in this chapter are set forth in Chapter 18.04 PAMC.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

Development permit applications subject to the provisions of the State Environmental Policy Act (SEPA) shall be reviewed in accordance with the policies and procedures contained in the City's Environmental Policy Ordinance, Chapter 15.04 PAMC.

B.

SEPA review shall be conducted concurrently with development permit application and review. The following are exempt from concurrent review:

1.

Projects categorically exempt from SEPA.

2.

Components of previously completed developments or actions for which an environmental impact statement has already been completed, to the extent that SEPA allows.

C.

The following requirements shall apply to concurrent SEPA review:

1.

Except for a threshold determination, the City may not issue a decision or a recommendation on a development application until the expiration of the public comment period on the notice of application.

2.

If a public hearing is required and the City's threshold determination requires public notice under RCW 43.21c, and WAC 197-11, the City shall issue its threshold determination at least 15 calendar days prior to the public hearing or shall comply with procedures under WAC 197-11-355, "Optional Determination of Non-Significance (ODNS) process".

3.

Comments shall be as specific as possible.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

The following permits or approvals are specifically excluded from the procedures set forth in this title:

1.

Landmark designations;

2.

Street vacations;

3.

Right-of-way use permits;

4.

Other approvals relating to the use of public areas or facilities;

5.

Other project permits, whether administrative or quasi-judicial, that the City of Port Angeles, by resolution or ordinance has determined present special circumstances that warrant a review process or time periods for approval which are different from RCW 36.70B.060 through 36.70B.080 and 36.70B.110 through 36.70B.130.

B.

Pursuant to RCW 36.70B.140(2), the City has excluded the following project permits from the provisions of RCW 36.70B.060 and 36.70B.110 through 36.70B.130: Lot line or boundary adjustments and building and other construction permits, or similar administrative approvals, categorically exempt from environmental review under RCW 43.21C, or for which environmental review has been completed in connection with other project permits. The excluded provisions include:

1.

Notice of application to public and agencies with jurisdiction following notice requirements in PAMC 18.02.130, unless an open record hearing is allowed on the project permit decision;

2.

Except as provided in RCW 36.70B.140, optional consolidated project permit review processing identified in PAMC 18.02.040(B);

3.

Joint public hearing;

4.

Single report stating all of the decisions and recommendations made as of the date of the report that do not require an open record public hearing;

5.

Notice of decision as required by RCW 36.70B.130 issued within the time period provided in RCW 36.70B.080;

6.

Completion of project review by the City, including environmental review and public review and any appeals to the City, within any applicable time periods under RCW 36.70B.080.

C.

Pursuant to RCW 36.70B.140(3) the City has excluded the following project permits for interior alterations from the site plan review provided that the interior alterations do not result in the following:

1.

Additional sleeping quarters or bedrooms;

2.

Nonconformity with Federal Emergency Management Agency substantial improvement thresholds; or

3.

Increase the total square footage or valuation of the structure thereby requiring upgraded fire access or fire suppression systems.

D.

Pursuant to RCW 36.70B.140(4) nothing in this section exempts interior alterations from otherwise applicable building, plumbing, mechanical, or electrical codes.

E.

Pursuant to RCW 36.70B.140(5) for the purpose of this section, "interior alterations" include construction activities that do not modify the existing site layout or its current use and involve no exterior work adding to the building footprint.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

Purpose. Pre-application conferences provide a prospective applicant and the City the opportunity to determine if and how the regulations may apply, an opportunity to acquaint the applicant with the requirements of the PAMC, and to discuss, if applicable, how the applicant may modify the scope and design of the project to reduce or avoid restrictions which may be imposed by the City.

B.

When required. Pre-application conferences are required for the following projects:

1.

All Type II, Type III, Type IV and Type V project applications;

2.

Type I project applications proposing impervious surfaces of 10,000 square feet or more;

3.

Industrial, commercial, remodels or uses increasing occupancy class of a commercial or industrial building;

4.

Mixed-use construction; and

5.

Clearing and grading permits reaching a threshold of more than one acre including right-of-way construction or proposed nonstandard utility infrastructure.

C.

The applicable Director may exercise discretion not to require a preapplication conference if the applicable Director determines that the conference information is self-evident, already transmitted, or would not add value to the subsequent application.

D.

Scheduling and conceptual design review. The preapplication meeting shall be held within 30 calendar days of receiving the fee outlined in the City of Port Angeles Master Fee Schedule and the following:

1.

Pre-application request form;

2.

Conceptual site plan and lot configuration that includes:

i.

Applicant's name, address, telephone number, and other contact information:

ii.

Date of drawing.

iii.

Legend:

a.

Site address or tax assessor parcel number.

b.

Total approximate area of the site and each parcel or lot.

c.

North arrow.

d.

Scale (not larger than 1″ = 20′ or smaller than 1″ = 200′).

iv.

Proposed utilities for sewer, water, and electrical;

v.

Existing and proposed lot layout (if applicable);

vi.

Proposed connection to the existing road system;

vii.

New proposed roads and widths;

viii.

General dimensions of lots;

ix.

Existing and new easements;

x.

Existing and proposed structures;

xi.

Critical area locations (if applicable);

xii.

Elevation contours;

xiii.

Proposed/existing parking;

xiv.

Proposed landscaping (if applicable).

3.

Conceptual drainage plan, showing collection, detention, and discharge of stormwater;

4.

Preliminary building plans or sketches;

5.

Conceptual floor plan;

6.

Vicinity map, (if applicable);

7.

Detailed project narrative;

8.

List of questions and objectives;

9.

Copies of any past permitting, communication, or other items related to the project.

E.

Information provided to applicant. At the conference, the City shall provide the applicant with:

1.

A list of the requirements to submit a complete application;

2.

A list of all applicable permits;

3.

A general summary of the procedures to be used to process the application;

4.

Written answers to any questions asked by the applicant; and

5.

The references to the relevant code provisions or development standards that may apply to the approval of the application.

F.

Assurances unavailable. The pre-application meeting is not an exhaustive review of all potential issues. The discussions at the conference or the information provided by the City shall not bind or prohibit the City's future application or enforcement of all applicable laws and regulations. No statements or assurances made by City representatives will in any way relieve the applicant of his or her duty to submit an application consistent with all relevant requirements of City, state and federal codes, laws, regulations and land use plans.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

Information required for all applications. Applications for project permits shall be submitted on forms provided by the Department of Community and Economic Development, the Department of Public Works and Utilities, and the Fire Department. A project permit application is complete when it meets the submission requirements of this section. An application shall consist of all materials required by the relevant section of this Code or other applicable City ordinance or regulation and shall also include the following general information:

1.

A completed project permit application, including a SEPA checklist, unless categorically exempt from SEPA or otherwise completed;

2.

A verified statement by the applicant that the property affected by the application is in exclusive ownership of the applicant or that the applicant has submitted the application with the written consent of all affected property owners and proof of ownership of the property;

3.

Identification of a single contact person or entity to receive determinations and notices required by this Code;

4.

A legal description of the site and address if assigned, including the Clallam County parcel number(s);

5.

Payment of the applicable fees as set forth in the Port Angeles Master Fee Schedule;

6.

Evidence of adequate water supply, if applicable;

7.

Evidence of wastewater capacity, if applicable;

8.

Evidence of electrical supply, if applicable;

9.

Demonstration of how stormwater will be managed, if applicable;

10.

A site plan with north being at the top of the plan, showing the location of all proposed lots and points of access and identifying all easements, deeds, restrictions, or other encumbrances restricting the use of the property, when applicable. All information must be accurate, legible, and drawn to scale;

11.

Identification of other local, state, and federal permits required for the proposal, to the extent known by the applicant; and

12.

All other application materials deemed necessary for the review of the project permit application.

B.

Commercial, industrial, and multi-family uses—Additional application requirements. In addition to the general information required under subsection A of this section, all project permit applications involving commercial, industrial, and multi-family uses supporting more than four units and 5,000 or more square feet of impervious surface shall include a site plan prepared by a civil engineer, architect, and/or landscape architect licensed in the State of Washington that includes or graphically depicts the following information:

1.

Compass direction and graphic scale;

2.

Total gross square footage;

3.

Proposed and existing structures including building envelopes and building setback lines;

4.

Distances between all proposed and existing buildings;

5.

All proposed or existing uses;

6.

Proposed development or use areas;

7.

The location of significant geographic features on the site and immediately adjoining properties;

8.

Corner grades and existing contours of topography at five-foot contour intervals;

9.

Property lines, adjoining streets, and immediately adjoining properties and their ownership;

10.

Existing and proposed grades and volume and deposition of excavated material;

11.

A preliminary drainage plan;

12.

Locations of all existing and proposed utility connections and easements;

13.

Parking spaces and driveways;

14.

Proposed landscaping; and

15.

The location, extent, and associated buffers of wetlands, floodplains, shorelines, and other environmentally sensitive areas.

C.

Additional application requirements. In addition to the information required under subsections A and B of this section, the applicable Director may require additional information or studies in order for the application to be considered complete. Such information may include, but is not necessarily limited to, the following:

1.

A phasing plan, acreage of phases, and time schedule, if the site is intended to be developed in phases;

2.

Enumeration of the number of persons that will reside in a dwelling(s);

3.

Documentation of the date and method of segregation for the subject property verifying that the lot or lots were not created in violation of the subdivision (i.e., either short or long) laws in effect at the time of creation or identifying whether the lots were created prior to the advent of Chapter 58.16 RCW in 1937 (now codified in RCW 58.17); and

4.

A recorded survey of the subject property in order to verify property boundaries and setback measurements.

D.

Application requirements in other applicable regulations. Applications for all project permits must satisfy PAMC 18.02.110.A, B and, if required, C, and the other applicable provisions of this PAMC and applicable City ordinances and regulations. All application requirements identified in other Code sections that supplement or supersede the requirements of this chapter shall be met before an application is deemed complete.

E.

Waivers. The applicable Director may waive any specific submittal requirements determined to be unnecessary for review of any application. In such event, the applicable Director shall document the waiver in the project file or project log.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

Determination of completeness. Within 28 calendar days after receiving a project permit application, the applicable Director shall electronically provide a written determination to the applicant that states either:

1.

The application is complete; or

2.

The application is incomplete, and the procedural submission requirements have not been met. The determination shall outline what is necessary to make the application procedurally complete.

B.

Calendar days. The number of days shall be calculated by counting every calendar day.

C.

Identification of other agencies with jurisdiction. To the extent known by the City, other agencies with jurisdiction over the project permit application shall be identified in the City's determination of completeness.

D.

Procedurally complete. A project permit application is complete for purposes of this section when it meets the procedural submission requirement of all applicable sections of the PAMC, this chapter, and those requirements as outlined on the project permit application. If procedural submission requirements, as outlined in the PAMC, this chapter, and the project permit application, have been provided, the need for additional information or studies may not preclude a completeness determination.

E.

Additional information. The determination of completeness shall not preclude the City from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur.

F.

Date of acceptance of project permit application. A project permit application is complete for the purposes of this section when it meets all submission requirements in PAMC 18.02.110 and any additional submission requirements contained in other applicable provisions of this Code. The determination of completeness shall be made when the applicant is procedurally complete, even though additional information may be required or project modifications may be undertaken after the submittal. When the project permit application is determined to be complete, the City shall accept it and note the date of acceptance in the project file.

G.

The determination of completeness. The determination of completeness may include or be combined with the following:

1.

A preliminary determination of those development regulations that will be used for project mitigation;

2.

A preliminary determination of consistency, as provided under RCW 36.70B.040;

3.

Other information the City chooses to include; or

4.

The notice of application pursuant to the requirements in PAMC 18.02.130 and RCW 36.70B.110.

H.

Time limits.

1.

An application for a project permit shall be deemed procedurally complete on the 29th day after receiving a project permit application under this section if the City does not provide a written determination to the applicant that the application is procedurally incomplete as provided in subsection A.2 of this section. When the City does not provide a written determination, it may still seek additional information or studies as provided for in subsection F of this section.

2.

Within 14 calendar days after an applicant has submitted to the City additional information identified as being necessary for a complete application, the City shall notify the applicant whether the application is complete or what additional information is necessary.

3.

The notice of application shall be provided within 14 calendar days after the determination of completeness pursuant to RCW 36.70B.110.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

When required. The City shall issue a notice of application on Type I projects requiring SEPA review and all Type II and Type III project permit applications. Type I project permits subject to the SEPA notice requirements are set forth in Chapter 15.04 PAMC. If multiple project permits are proposed for a development proposal, the City can combine notices when appropriate for consolidated review.

B.

Time of issuance. The notice of application shall be provided within 14 calendar days after the determination of completeness. If an open record public hearing is required for the requested project permit(s), the notice of application shall be issued at least 15 calendar days prior to the public hearing.

C.

Notice of application contents. The notice of application shall include the following:

1.

The name and address of the applicant or applicant's representative.

2.

The date of application, the date of the notice of completion for the application, and the date of the notice of the application.

3.

The street address location of the project, or if unavailable, a description of the subject property reasonably sufficient to inform the public of its location, which may include a vicinity map location, the location in reference to roadway intersections, or a written description.

4.

A description of the proposed project action, use or development, and a list of project permits included in the application and, if applicable, a list of any additional studies requested by the City.

5.

The identification of state, federal, or other permits required by other agencies with jurisdiction not included in the application, to the extent known by the City.

6.

The identification of existing environmental documents that evaluate the proposed project, and the location of where the application and any studies can be reviewed.

7.

The name and phone number of the responsible City project reviewer.

8.

A statement of the public comment period, which shall not be less than 14 calendar days, nor more than 30 calendar days from the date of the notice of application, unless the application involves a permit under the Port Angeles Shoreline Master Program, which requires a 30-day public comment period.

9.

Statement of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights.

10.

A statement of the preliminary determination, if one has been made at the time of the notice of application, of the proposed projects development regulations that will be used for project mitigation and of consistency as provided in RCW 36.70B.030(2) and 36.70B.040.

11.

If SEPA is integrated into the public notice, pursuant to either WAC 197-11-340 Determination of Non-Significance (DNS), WAC 197-11-350 Mitigated Determination of Non-Significance (MDNS), or WAC 197-11-355 Optional DNS, the notice must include:

i.

What process is being used, DNS, MDNS, or optional DNS.

ii.

That this may be the only opportunity to comment on the environmental impacts of the proposal.

iii.

That the proposal may include mitigation measures under applicable development regulations, and the project review process may incorporate or require mitigation measures regardless of whether an environmental impact statement (EIS) is prepared.

iv.

That a copy of the subsequent threshold determination or confirmation, if a DNS or MDNS has been retained, may be obtained upon request to any person commenting on the notice of application.

v.

The notice of application shall list the conditions being considered to mitigate environmental impacts if a MDNS is expected.

12.

The date, time, place, and type of hearing, if applicable, and if scheduled prior to the date of the notice of application.

13.

A statement of when and where a copy of the application, all supporting documentation and evidence relied upon by the applicant, and applicable development regulations may be available for public inspection.

14.

Any other information the applicable Director deems appropriate.

D.

SEPA integration.

1.

Except for a threshold determination and except as otherwise expressly allowed in this section, the City may not issue a decision or a recommendation on a project permit until the expiration of the public comment period on the notice of application.

2.

If an open record pre-decision hearing is required, the lead SEPA agency shall issue its threshold determination at least 15 calendar days prior to the open record pre-decision hearing.

E.

Costs, mailing, publication, and posting requirements.

1.

Costs. The applicant shall be responsible for all costs associated with notice.

2.

Published notice.

i.

The City must publish the notice once in the official paper of record for the City. The published notice shall include the project's street address or location, project description, type(s) of permit(s) required, comment period dates, and location where the complete application and notice of the application may be reviewed.

3.

Posting. The City or the applicant shall post a notice of application on the property as follows:

i.

A notice board shall be placed at a clear point of the site road frontage or as otherwise determined by the City staff for maximum visibility, where it is completely visible to vehicle and pedestrian traffic.

ii.

Additional notice boards may be required where a site does not abut a public road, for a large site that abuts more than one public road, or if the City staff determines that additional notice boards are necessary to provide adequate public notice.

iii.

Notice boards shall be provided by the City and installed in accordance with any specifications required by the City.

iv.

Notice boards shall be returned to the City within 15 calendar days after the end of the notice period.

v.

Notice boards shall be maintained in legible condition and in the required location throughout the notice period.

vi.

If the applicant posts the notice board, they must submit an affidavit of posting to the City.

4.

Mailing.

i.

The City shall send a notice of application to the applicant, the owners of the subject property (if different from the applicant), and to all owners of property within 300 feet of any portion of the exterior boundaries of the subject property. The Department of Community and Economic Development shall be responsible for the preparation of the list of adjacent property owners. The addresses for mailed notice shall be prepared from the Clallam County's Geographic Information System (GIS) and Assessor real property tax records. The City shall make a notation in the file affirming mailing of notice to all persons entitled to notice under this chapter.

ii.

All public notices shall be deemed to have been provided or received on the date the notice is deposited in the mail or personally delivered, whichever occurs first. Failure to send the notice by mail shall not invalidate such proceedings where the owner appears at the hearing or receives actual notice.

5.

Public comment.

i.

The comment period shall not be less than 14 calendar days, nor more than 30 calendar days from the date of the notice of application per RCW 36.70B.110(2)(e), except as otherwise be provided for: a 15-day comment period for an open record pre-decision hearing pursuant to RCW 36.70B.110(3), commenting on preliminary plat applications (i.e., 20 calendar days pursuant to RCW 58.17.095(2), for commenting on scoping and draft and final environmental impact statements pursuant to WAC 197-11-408 and 197-11-500, and for commenting on permits under the City of Port Angeles Shoreline Master Program.

ii.

Comments may be mailed, emailed, or personally delivered. Comments shall be as specific as possible.

iii.

The City will receive public comments during regular business hours any time up to and during the open record hearing, if any, or if there is no pre-decision hearing, prior to the decision on the project permit.

iv.

The City may not issue a decision or recommendation on the project permit(s) until the expiration of the public comment period on the notice of application.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

Notice of public hearing shall be provided not less than ten calendar days prior to the hearing. If the notice of application does not specify a hearing date, a separate notice of public hearing shall be required. For Type III projects, the notice of a threshold determination under SEPA may be combined with the notice of public hearing. Notice under this section shall be accomplished as follows:

1.

Published notice. The City shall publish a notice of public hearing in the paper of record for the City at least one time. This shall include and (republish if necessary) the appropriate information from PAMC 18.02.130.C.

2.

Mailed notice. The City shall send notice of public hearing to all persons entitled to notice, as described in PAMC 18.02.130.E.4, including any person who submits written or oral comments on the notice of application.

3.

Posted notice. Posted notice of the public hearing is required for all Type III project permit applications, which shall be posted in the same manner as the notice of application as set forth in PAMC 18.02.130.G.3.

4.

Public notice of Type V legislative actions must be published as required by state law.

5.

The applicant shall be responsible for all costs of public notice.

B.

Additional public notice requirements—Type III preliminary plat actions. In addition to the notice for Type III actions above, pursuant to RCW 58.17, additional notice for preliminary plats and proposed subdivisions categorized as a Type III process shall be provided as follows:

1.

Notice of the filing of a preliminary plat application of a proposed subdivision located adjacent to or within one mile of the municipal boundaries of the county, City or town utilities shall be given to the appropriate City or town officials, pursuant to RCW 58.17.080 and 58.17.090.

2.

Notice of the filing of a preliminary plat application for a proposed subdivision located adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport shall be given to the Washington State Secretary of Transportation, who must respond as to the effect of the proposed subdivision on the state highway or airport within 15 calendar days of such notice.

3.

Special notice of the hearing shall be given to adjacent landowners by any other reasonable method the City deems necessary. Adjacent landowners are the owners of real property, as shown by the records of the county assessor, located within 300 feet of any portion of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to the subdivided, mailed notice shall be given to owners of real property located within 300 feet of any portion of the boundaries of such adjacently located parcel(s).

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

The City is adopting further project review and code provisions to provide prompt, coordinated review to ensure accountability to applicants and the public. Adopting the following provisions as established in RCW 36.70B.160 exempts the City from RCW 36.70B.080(1)(l)(i). The provisions include the following measures:

1.

The City has adopted Ordinance 3723 which imposes reasonable fees, consistent with RCW 82.02.020, on applicants for permits or other governmental approvals to cover the cost to the City of processing applications, inspecting and reviewing plans, or preparing detailed statements required by Chapter 43.21C RCW.

2.

The City has adopted Ordinance 3710, which adopts development regulations which make housing types an outright permitted use in all zones where the housing type is permitted.

3.

The City is hereby providing a pathway for an applicant to request a meeting to attempt to resolve outstanding issues during the review process. The meeting must be scheduled within 14 calendar days of a second request for corrections during permit review. If the meeting cannot resolve the issues and the City proceeds with a third request for additional information or corrections, the City must approve or deny the application upon receiving the additional information or corrections, unless otherwise agreed upon mutually with the applicant.

B.

The City is exempt from the annual performance report under RCW 36.70B.080(2) because Clallam County and the cities within the county are exempt from RCW 36.70A.215.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

Type 0 over-the-counter approvals. The applicable Director may approve, approve with conditions, or deny all Type 0 project permit applications which are categorically exempt from SEPA without notice. All Type 0 applications, unless otherwise noted, do not require a notice of complete application, and do not follow the standard permit review or routing processes. Type 0 project permits that are not categorically exempt from SEPA do not qualify as over-the-counter permits and must be reviewed as a Type II project permit.

B.

Type I administrative approvals. The applicable Director may approve, approve with conditions, or deny all Type I project permit applications which are categorically exempt from SEPA without notice. Type I projects that are not categorically exempt from SEPA shall be subject to the notice of application and comment period provisions of PAMC 18.02.130 and the SEPA notice requirements of Chapter 15.04 PAMC. The applicable Director's decision under this section shall be final on the date issued unless appealed to the Hearing Examiner in accordance with all requirements and procedures as provided under PAMC 2.18.

C.

Type II administrative approvals. The applicable Director may approve, approve with conditions, or deny all Type II permit applications, subject to the notice and appeal requirements of this chapter. The applicable Director shall issue written conditions and findings supporting all Type II decisions.

D.

Type III project permit decisions and appeals of Type I and Type II decisions.

1.

The Hearing Examiner shall review and make findings, conclusions, and decisions on all Type III project permit applications and appeals of Type 0, Type I and Type II decisions. The Hearing Examiner may approve, approve with conditions, or deny Type III project permit applications. Right-of-way construction permit appeals are established in Chapter 11.08 PAMC.

2.

For Type III project permit decisions, the applicable Director shall prepare a staff report on the proposed development or action, summarizing and considering timely public comments, summarizing and considering recommendations of City departments and affected agencies or special districts, and evaluating the development's consistency with this Port Angeles Municipal Code, adopted plans, and regulations. The staff report shall include proposed findings, conclusions, and recommendations for the disposition of the development application.

3.

Upon receiving a recommendation of the applicable Director or notice of any other matter requiring the Hearing Examiner's attention (i.e., appeals of administrative decisions), the Hearing Examiner shall perform the following actions as appropriate:

i.

Hold an open record hearing on a Type III permit application and make a decision after reviewing the recommendation of the applicable Director; or

ii.

Hold an open record appeal hearing and make a decision on the following matters:

a.

Appeals of Type 0 administrative decisions.

b.

Appeals of Type I administrative decisions.

c.

Appeals of Type II administrative decisions.

d.

Appeals of Director's determinations made under PAMC 18.02.240.

e.

Other matters not prohibited by law.

iii.

The Hearing Examiner shall make written findings and conclusions.

E.

Type IV project permit approvals—City Council action. The City Council shall make a decision after reviewing Type IV actions during a City Council meeting. In its decision, the City Council shall make its decision by motion, ordinance, or resolution, as appropriate.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

Over-the-counter approvals (Type 0). The City must issue a final decision for all Type 0 permit applications that are categorically exempt from SEPA and do not require a public notice within three business days of receipt of payment. *Type 0 project permits deemed to be too complex to issue over-the-counter shall be processed as a Type I approval.

B.

Administrative approvals without public notice (Type I). The City must issue a final decision for all Type I permit applications that are categorically exempt from SEPA and do not require a public notice within 65 calendar days of the determination of completeness under PAMC 18.02.120 and RCW 36.70B.070.

C.

Administrative approvals with public notice (Type II). The City must issue a final decision for all Type II permit applications that require a public notice within 100 calendar days of the determination of completeness under PAMC 18.02.100 and RCW 36.70B.070.

D.

Quasi-judicial approvals with public notice and public hearing (Type III). The City must issue a final decision for all Type III permit applications that require a public notice and public hearing within 170 calendar days of the determination of completeness under PAMC 18.02.100 and RCW 36.70B.070.

E.

Consolidated permit processes. The optional consolidated review of more than one permit will follow the highest numbered procedure, and the time period for the final decision shall be the longest of the permit time periods identified in this section per PAMC 18.02.030 (B).

F.

The number of calendar days an application for a project permit is in review with the City shall be calculated from the day completeness is determined to the date a final decision is issued on the project permit application. The number of days shall be calculated by counting every calendar day and excluding the following time periods:

1.

Any period between the day that the City has notified the applicant, in writing, that additional information is required to further process the application and the day when responsive information is resubmitted by the applicant.

2.

Any period after an applicant informs the City, in writing that they would like to temporarily suspend review of the project permit application until the time that the applicant notifies the City, in writing, that they would like to resume the application. Conditions for temporary suspension are located in PAMC 18.02.210.

3.

Any period after an administrative appeal is filed until the administrative appeal is resolved and any additional time period provided by the administrative appeal has expired.

G.

New time period. The time periods for the City to process a permit shall start over if an applicant proposes a change in use that adds or removes commercial or residential elements from the original application that would make the application fail to meet the determination of procedural completeness for the new use, as required by the City.

H.

Nonresponsiveness. If, at any time, an applicant informs the City, in writing, that the applicant would like to temporarily suspend the review of the project for more than 60 calendar days, or if an applicant is not responsive for more than 60 consecutive calendar days after the City has notified the applicant, in writing, that additional information is required to further process that application, an additional 30 calendar days may be added to the time periods for City action to issue a final decision for each type of project permit that is subject to this chapter. Any written notice from the City to the applicant that additional information is required to further process the application must include a notice that nonresponsiveness for 60 consecutive calendar days may result in 30 calendar days being added to the time for review.

I.

For the purposes of this subsection, "nonresponsiveness" means that an applicant is not making demonstratable progress on providing additional requested information to the City, or that there is no ongoing communication from the applicant to the local government on the applicant's ability or willingness to provide the additional information within 60 calendar days.

J.

Time limit exceptions. Annual amendments to the comprehensive plan are not subject to the requirements of this section. Additionally, the time limits shall not apply if a project permit application:

1.

Requires an amendment to the comprehensive plan or a development regulation.

2.

Requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200.

K.

Nothing in this section prohibits the City from extending the deadline for issuing a decision for a specific project application for any reasonable period of time mutually agreed upon by the applicant and the City.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

All project permit decisions and Director's determinations made pursuant to this chapter under this Code shall be final unless appealed pursuant to PAMC 18.02.220 and 18.02.230 of this chapter.

B.

Notice of final decision.

1.

Except for those permits exempted under PAMC 18.02.090, upon issuance of the final decision, the applicable Director shall provide a notice of decision that includes a statement of all determinations made under SEPA and the procedures for administrative appeal, if any, of the permit decision. The notice of decision may be a copy of the report or decision on the project permit application. It shall state that the affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation fully set forth in RCW 36.70B.130.

2.

A copy of the notice of decision shall be mailed, emailed, or hand delivered to the applicant, any person who, prior to the rendering of the decision, requested notice of the decision, and to all persons who submitted substantive written comments on the application.

C.

Expiration of approved project permits. Project permits shall expire on the date provided on the approved project permit or otherwise determined by the PAMC unless:

1.

The applicant has received approval for an extension consistent with the PAMC provisions;

2.

The applicant has an active pending or issued building permit(s) and is active in pursuing any and all additional information requests or inspections for the building permit(s) unless:

i.

Any denial of building permit(s) associated with other project permit applications immediately expire any associated project permit applications dependent on approval of a building permit(s); or

ii.

Any failure to respond to additional information requests for any building permit(s) as outlined in PAMC 18.02.190, shall immediately expire any associated project permit applications dependent on approval of a building permit(s) once the associated building permit is deemed withdrawn and void.

3.

Nothing in subsection C of this section shall conflict with other local, state, or federal permit expiration timelines. If conflicts exist, the most stringent provision shall apply.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

A project permit application shall be null and void if the applicant fails to submit additional information under PAMC 18.02.120 within 90 calendar days from the City's request or within a time period as specified by the Hearing Examiner.

B.

Applications pending as of January 1, 2025, shall have 90 calendar days to provide the requested additional information prior to expiring under this section, unless the applicable Director grants an extension under subsection E of this section.

C.

Project permit applications expired under this section shall forfeit all application fees.

D.

The Department of Community and Economic Development the Department of Public Works and Utilities, and the Fire Department shall not be responsible for notifying the applicant of the impending expiration.

E.

Upon written request of the applicant prior to the expiration date, the applicable Director may grant one or more 90-day extension(s) of time for project permit applications that:

1.

Have made substantial progress in obtaining approvals and have minor approvals remaining;

2.

Have submitted written proof demonstrating a path for obtaining all remaining approvals within the 90-day extension; or

3.

Demonstrate other written justifiable cause to the applicable Director.

F.

The City may review a project permit application(s) and make necessary corrections to the application(s) expiration date caused by inaccurate and/or missed data entries. Documentation of such corrections shall be made part of the file's written record.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

Purpose: The purpose of this section is to provide for vesting of project permit applications under this title, consistent with state law. A complete application, under PAMC 18.02.120, is vested pursuant to this section to the regulations applicable to the application until the permit is issued or the application is abandoned, expired, withdrawn, or denied.

B.

Applicability:

1.

This section applies to complete applications for building permits (RCW 19.27.095(1)), complete applications for the proposed division of land (RCW 58.17.033(1)), complete applications for development agreements (RCW 36.70B.180), and any other complete applications for a project permit type determined to be subject to the vested rights doctrine by the Washington legislature.

2.

This section does not vest applications to development regulations required by federal or state law that are subject to final approval by a federal or state agency, including but not limited to applications for permits under the Shoreline Master Program, Chapter 15.08 PAMC; Flood Damage Prevention, Chapter 15.12 PAMC; Environmentally Sensitive Areas Protection, Chapter 15.20 PAMC; and Wetlands, Chapter 15.24 PAMC.

3.

This section does not apply to issued permits or approvals.

C.

Vesting of applications:

1.

A complete application shall vest consistent with applicability of this section and state law.

2.

A complete application subject to vesting pursuant to this section shall be subject to all development regulations in effect on the vesting date.

3.

A complete application is vested for the specific use, density, and physical development that is identified in the application submittal, consistent with state law.

4.

The applicant is responsible for monitoring the time limitations and review deadlines for the application. The City shall not be responsible for maintaining a valid application. If the application expires, a new application may be filed with the City but shall be subject to the development regulations in effect on the date the new application is complete.

5.

Substantial revisions to applications which increase the specific uses, density, or physical development are subject to vesting at the time of the major or substantial revisions.

D.

Waiver of vesting. An applicant may voluntarily waive vested rights at any time during the processing of a project permit application by delivering a written and signed waiver to the City stating that the applicant agrees to comply with all development regulations in effect on the date of delivery of the waiver and any subsequent modifications to development regulations until project permit issuance or approval.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

The City may suspend, revoke, or modify a Type 0, Type I, II, III, or IV project permit or approval after a notice of noncompliance to the affected parties when:

1.

Decision, approval, or permit was obtained by fraud, misrepresentation, or clear inadvertent error;

2.

Use for which such decision, approval, or permit was granted is not being exercised within three years of approval, unless the decision, approval, or permit provides for a greater period of time or the applicable Director has authorized an extension;

3.

Use for which decision, approval, or permit was granted ceased to exist or has been suspended for three years or more unless the applicable Director has authorized an extension; or

4.

Decision, approval, or permit is being, or recently has been exercised contrary to the terms or conditions of such decision, approval, or permit or is in violation of any local, state, or federal law or regulation.

(Ord. 3742 § 10(Att. J), 12/17/2024)

Appeals of Type 0, Type I and II decisions must be filed with the City within 14 calendar days after the applicable Director issues the decision, provided that if a longer appeal period is established by state law, the longer appeal period shall control. Pursuant to RCW 36.70B.110(6)(d) the City does not provide an appeal of threshold determinations.

(Ord. 3742 § 10(Att. J), 12/17/2024)

Appeals from final decisions under this chapter, for which decisions all administrative appeals specifically authorized have been timely exhausted, shall be made to the Clallam County Superior Court within 21 calendar days of the date of the decision or action unless another time period is established by state law.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

Purpose. An interpretation of the provisions of the Port Angeles Municipal Code through a Director's determination is intended to clarify conflicting or ambiguous wording, interpret proper classification of use, or interpret the scope or intent of the provisions of this Code; provided, however, that interpretations of the provisions adopted under the State Building Code Council (SBCC) as adopted by the PAMC 14.03, 14.21, or any successor ordinance, may not be requested under this article. Interpretations of the provisions of this Code may not be used to amend the Code. Further, interpretations are not considered a project permit action and are not subject to requirements in Articles I through V of this chapter unless explicitly provided.

B.

Authority. The applicable Director is hereby authorized to implement, interpret, enforce, and make Director's determinations for any chapter of the PAMC that they oversee and any other applicable PAMC chapters.

C.

Request. Any person may request a written interpretation of the provisions of this Code. Additionally, the applicable Director listed under subsection B of this section may issue an interpretation on their own initiative.

D.

Submittal requirements. Any person requesting an interpretation of this Code shall submit a written request specifying each provision of the Code for which an interpretation is requested, why an interpretation of each provision is necessary, and any reasons or materials in support of a proposed interpretation.

E.

Factors for consideration. In making an interpretation of the provisions of the PAMC, the responsible applicable Director should consider the following, as applicable:

1.

The applicable provisions of this Code, including its purpose and context;

2.

The implications of the interpretation for development within the City as a whole, including the precedent the interpretation will set for other applicants; and

3.

Consistency with the Port Angeles Comprehensive Plan and other relevant ordinances and policies.

F.

Conflicts with other regulations. Where conflicts occur between provisions of this Code, the state building code and any other local, state, or federal regulations, or their successors, the more restrictive shall apply. If any conflict between land use or zoning maps and text of this Code ensues, the text of this Code shall prevail.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

Purpose. The purpose of the conditional use permit process is to provide flexibility in the application of the use regulations contained in this Code to accommodate uses that may be appropriate in an established zoning district under certain circumstances but inappropriate in the same zoning district under others. At the time of application, a review of the location, design, configuration, and potential impacts of the proposed use shall be conducted by comparing the use to the goals and policies established in the Port Angeles Comprehensive Plan and to other adopted development standards. The review shall determine whether the proposed use should be permitted by weighing the public need or the benefit to be derived from the use against the impact that it may cause.

B.

Scope. This section shall apply to each project permit application for a conditional use permit. This includes administrative conditional use permits and conditional use permits.

C.

Application submittal and contents. The application for a conditional use permit shall be submitted to the Department of Community and Economic Development on the application form provided by the department, along with the appropriate fees established under the Port Angeles Master Fee Schedule. The application shall include all materials required for a complete application pursuant to PAMC 18.02.110. The applicable Director may waive specific submittal requirements determined to be unnecessary for the review of an application.

D.

Conditional use project permit types and review processes.

1.

Applications for uses listed as an administrative conditional use permit in PAMC Title 17 shall be processed according to the procedures for Type II project permit decisions established in Article IV of this chapter.

2.

Applications listed as discretionary conditional in PAMC Title 17 shall, at a minimum, be processed according to the procedures for Type II land use decisions established in Article IV of this chapter. However, in accordance with this subsection, the applicable Director may on a case-by-case basis refer a discretionary conditional use permit application to the Hearing Examiner to be processed according to the procedures for Type III land use decisions established in Article IV of this chapter.

i.

Required findings. Prior to referring an application for a use listed at conditional discretionary to the Hearing Examiner, the applicable Director shall make one or both of the following findings:

a.

The application involves potentially significant issues relating to location, design, configuration, and potential impacts to surrounding properties and the community that can be more appropriately considered and addressed through an open record public hearing before the Port Angeles Hearing Examiner; or

b.

The application seeks approval of a use involving complex legal issues necessitating special expertise in the decision-maker.

ii.

Timing. The applicable Director may determine whether or not to refer an application to the Hearing Examiner for a public hearing, concurrent with the determination of completeness required under PAMC 18.02.120 or after the public comment period has expired.

iii.

Discretion of the applicable Director. The applicable Director's decision to refer an application to the Hearing Examiner under this subsection to be processed as a Type III application shall be for the purpose of affording maximum fairness in decision-making and procedural due process protection and shall not affect the substantive applicability of local, state, or federal policies or laws applicable to any permit application. The decision to refer any application to the Hearing Examiner to be processed as a Type III application rests exclusively within the discretion of the applicable Director.

iv.

No notice or hearing is required. Because the applicable Director's decision to refer (or not refer) an application for a listed conditional discretionary project permit application to the Hearing Examiner for a public hearing rests solely in the applicable Director's discretion, the City is not required to provide prior notice of the applicable Director's decision. The applicable Director shall not be required to hold a public hearing on such a decision. The decision of the Direction made pursuant to this subsection D.2 shall not constitute an appealable administrative decision.

3.

Applications for uses listed as a conditional use permit in PAMC Title 17 shall be processed according to the procedures for a Type III project permit decision established in Article IV of this chapter.

4.

Applications for uses listed as an unclassified use permit, or are not defined in PAMC Title 17, shall be processed as a conditional use permit according to the procedures for a Type III project permit decision established in Article IV of this chapter.

E.

Approval criteria for all conditional uses.

1.

The City may approve or approve with modifications or conditions an application for any type of conditional use permit if all of the following criteria are satisfied:

i.

The conditional use is harmonious and appropriate in design, character, and appearance with the existing or intended character and quality of development in the vicinity of the subject property and with the physical characteristics of the subject property.

ii.

The conditional use will be served by adequate infrastructure including roads, fire protection, water service, sewer or other wastewater disposal, and stormwater control.

iii.

The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel.

iv.

The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions that unreasonably impact existing uses in the vicinity of the subject parcel.

v.

The location, size, and height of buildings, structures, walls and fences, and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties.

vi.

The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and anticipated traffic in the vicinity of the subject parcel.

vii.

The conditional use complies with all other applicable criteria and standards of this title and any other applicable provisions of the Port Angeles Municipal Code or state law and, more specifically, conforms to the standards contained in the appropriate zoning district in PAMC Title 17.

viii.

The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval.

ix.

The conditional use is consistent with all relevant goals and policies of the Port Angeles Comprehensive Plan.

x.

The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of similar actions in the area.

2.

The application shall be denied if all of the above findings cannot be made.

3.

The applicable Director may consider applications for modifications of lawfully established conditional uses and developments approved under this Code or in existence prior to the effective date of January 1, 2025, of this Code, when the application proposes to bring the existing use substantially closer to compliance with the standards of this Code. The applicable Director may approve, conditionally approve, or deny the modification application. A site plan conforming to the provisions of this chapter and Article IV, Project Permit Applications (Types 0—IV) of this chapter shall accompany the application showing the location, size, and type of modification proposed by the applicant.

4.

Modifications may be approved by the applicable Director under Type I review procedures, provided, that the cumulative modifications of the approved use will not exceed the following limitations:

i.

The modification will not increase the required amount of parking by more than 20 percent or 20 spaces, whichever is less.

ii.

The modification will not expand the total square footage of all structures, excluding parking, by more than 20 percent or result in the total size of the structure exceeding the maximum building height or building lot coverage as designed in the project's location zoning district.

iii.

The modification will not significantly reduce the amount or location of required site screening.

iv.

The modification will not render a conforming use or structure nonconforming.

v.

The modification will not establish a new use.

vi.

The modification, as determined by the applicable Director, will not create or materially increase any adverse impacts or undesirable effects of the project or cause the use or structure to become inconsistent with the Port Angeles Comprehensive Plan or the purpose of the land use designation or zoning district.

F.

All proposed uses, structures, and site improvements (and modifications thereof) shall comply with the development standards of this Code.

G.

Additional conditions. The City may impose additional conditions on a particular use if it is deemed necessary for the protection of the surrounding properties, the neighborhood, or the general welfare of the public. The conditions may:

1.

Increase requirements in standards, criteria, or policies established by this Code.

2.

Stipulate an exact location for the conditional use on the subject property as a means of minimizing hazards to life, limb, property damage, erosion, landslides, or traffic.

3.

Require structural features or equipment as a means of minimizing hazards to life, limb, property damage, erosion, landslides, or traffic.

4.

Contain restrictions or provisions deemed necessary to establish parity with uses permitted in the same zone with respect to avoiding nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic, and physical hazards.

H.

Use of property before final decision. No building permit shall be issued for any use involved in an application for approval for a conditional use permit until the conditional use permit is approved and becomes effective.

I.

Effective period; expiration.

1.

A conditional use permit automatically expires and becomes void if the applicant fails to file for a building permit or other necessary development permit within three years of the effective date (the date of the decision granting the permit) of the permit unless the permit approval provides for a greater period of time.

2.

The applicable Director may grant one or more 90-day extension(s) of time for an approved conditional use permit approval that:

i.

Have made substantial progress in obtaining required approvals and have minor approvals remaining;

ii.

Have submitted written proof demonstrating a path for obtaining all remaining approvals within the 90-day extension; or

iii.

Demonstrate other written justifiable cause to the applicable Director for conditional use permit approval extension.

J.

Conditional use permit to run with the land. A conditional use permit granted under the PAMC shall remain valid upon a change of ownership of the site, business, service, or structure that was the subject of the permit application. No other use is allowed without approval of an additional conditional use permit.

K.

Permit suspension or revocation. The City may suspend or revoke an approved conditional use permit upon finding that:

1.

The use for which the approval was granted has been abandoned for a period of at least three years;

2.

Approval of the permit was obtained by misrepresentation of material fact; or

3.

The permit is being exercised contrary to the terms of approval.

L.

Assurance. In appropriate circumstances, the applicable Director may require reasonable performance or maintenance assurance device, in a form acceptable to the City, to assure compliance with the provisions of this Code and the conditional use permit as approved.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

A minor deviation from front, side, and rear yard setbacks, lot coverage, site coverage and height requirements established in this title may be granted by the applicable Director or the Hearing Examiner in accordance with the provisions of this section.

B.

Type I minor deviation. A minor deviation not greater than 20 percent may be granted by the applicable Director if all of the following findings are made:

1.

The minor deviation is consistent with the purpose of the zone in which the property is located and the project is otherwise consistent with the requirements of said zone.

2.

Because of special circumstance, the strict application of the zoning ordinance results in an undue hardship upon the applicant.

3.

The minor deviation will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located.

C.

Type III minor deviation. A minor deviation of between 21 percent and 30 percent may be granted by the Hearing Examiner in if all of the following findings are made:

1.

The minor deviation is consistent with the purpose of the zone in which the property is located, and the project is otherwise consistent with the requirements of said zone.

2.

Because of special circumstance, the strict application of the zoning ordinance results in an undue hardship upon the applicant.

3.

The minor deviation will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located.

4.

The following standards have been adequately addressed:

i.

The provision of adequate utilities has been demonstrated.

ii.

Alternatives to the minor deviation have been considered.

iii.

Shadow and viewshed impact studies has been performed demonstrating no significant impacts to surrounding properties.

iv.

The application demonstrates that an attempt has been made to reduce potential impacts from the deviation to surrounding property owners.

v.

If the proposal is for an increase in maximum building height, the proposal does not qualify for the building height bonus standards of PAMC 17.20.070.

D.

Any applications that are not granted a minor deviation by the applicable Director or Hearing Examiner pursuant to this section may obtain a variance through the City's normal variance procedure as set forth in PAMC 18.02.280.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

Type I temporary use permits. applicable Director may authorize temporary use permits for the construction and occupancy of temporary buildings, including mobile homes, used in conjunction with construction or reconstruction projects, or other circumstance requiring a temporary installation and occupancy, for a period not to exceed one year. Such temporary use permits may be located in any zone; provided, required setbacks of the zone where the temporary use permit is to occur are provided to protect the public health, safety, and welfare.

B.

Type III temporary use permits. Temporary use permits requested for longer than one year shall conform in every respect to all provisions of these regulations but must be considered at a public hearing before the Hearing Examiner. The decision of the Hearing Examiner shall specify the term for the temporary use permit. Such temporary use permits may be located in any zone; provided, required setbacks of the zone where the temporary use permit is to occur are provided to protect the public health, safety, and welfare.

C.

Extensions.

1.

Type I temporary use permits. Upon written request prior to the expiration of the permit, the applicable Director may issue an extension of the permit for a period not to exceed six months. Only one six-month extension may be granted for each temporary use permit.

2.

Type III temporary use permits. Upon written request prior to expiration of the permit, the applicable Director may issue up to one extension of the permit for a period of one to five years, provided that the following minimum criteria are met:

i.

The use complies with the permit conditions.

ii.

There have been no significant adverse changes in circumstances.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

Purpose. The purpose of a variance is to ensure that all persons and their property are guaranteed equal rights and opportunities under similar circumstances. A variance is never to be used to endow certain persons or property with special privileges that are denied to all others under similar circumstances. Variances may only be granted for the dimensional, area, and bulk requirements (e.g., height, setbacks, yard size, lot coverage, frontage, floor area, and the like) specified by this Code.

B.

Scope. This article shall apply to all applications for variances from the provisions of this Code, except for reasonable economic use variances, shoreline variances, flood damage prevention, and environmentally sensitive area buffer width reductions, which shall be governed by the provisions of the applicable sections of Chapters 15.08, 15.12, 15.20, 15.24 PAMC.

C.

Application submittal and contents. The application for a variance shall be submitted to the applicable City department on the application form provided by City, along with the appropriate fees established under the Port Angeles Master Fee Schedule. The application shall include all materials required for a complete application pursuant to PAMC 18.02.110. The applicable Director may waive specific submittal requirements determined to be unnecessary for the review of an application.

D.

Variance project permit types and review processes.

1.

Minor and major variances distinguished.

i.

Minor variances include variances from a requirement within 25 percent of the original requirement. Minor variances also include variances to allow expansion of a nonconforming existing building. Minor variances are processed as a Type II project permit application as established in Article IV of this chapter.

ii.

Major variances include all other variances greater than 25 percent of the original requirement. Major variances are processed as a Type III project permit application as established in Article IV of this chapter.

iii.

Parking variances are exempt from these requirements and are processed under PAMC 14.40.130.

E.

Approval criteria for all variances.

1.

The City may approve or approve with modifications or conditions an application for any type of variance if all of the following criteria are satisfied:

i.

The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and land use district in which the subject property is located.

ii.

The variance is necessary because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located.

iii.

The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located.

iv.

The variance does not arise from the applicant's or the predecessor in interest's actions.

2.

The application shall be denied if all of the above findings cannot be made.

3.

Additional conditions. In the granting of any variance, the decision-maker may prescribe appropriate conditions and safeguards to assure that the purpose and intent of this Code will not be violated.

4.

Limitation on authority. The Director or Hearing Examiner (as applicable) may not grant a variance under this article for the following:

i.

The provisions of this Code establishing allowed, conditional, discretionary, and prohibited uses within the various zones.

ii.

The procedural or administrative provisions of this Code; or

iii.

Any provision of this Code which, by its terms, is not subject to a variance.

F.

Effective period. A variance approval automatically expires and becomes void if the applicant fails to file for a building permit or other necessary development permit within three years of the date of the decision granting the variance unless the variance approval provides for a greater period of time. Extensions to the duration of the original variance approval are prohibited. The City is not responsible for notifying the applicant of impending expiration.

G.

Revocation. The City may suspend or revoke an approved variance upon finding that:

1.

The use for which the approval was granted has been abandoned for a period of at least three years;

2.

Approval of the permit was obtained by misrepresentation of material fact; or

3.

The permit is being exercised contrary to the terms of approval.

4.

If revocation is required, the applicable Director shall refer the case to Code Enforcement pursuant to PAMC 2.90.

H.

Assurance. In appropriate circumstances, the applicable Director may require reasonable performance or maintenance assurance device, in a form acceptable to the City, to assure compliance with the provisions of this Code and the variance as approved.

(Ord. 3742 § 10(Att. J), 12/17/2024)

A.

Purpose. This article establishes the mechanism under which the City may enter into development agreements as authorized by RCW 36.70B.170. A decision to enter into a development agreement shall be made on a case-by-case basis.

B.

General requirements.

1.

The City may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. The City may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement. A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. A development agreement shall be consistent with applicable development regulations adopted by the City.

2.

Who may enter. The property owner(s) and the City shall be parties to a development agreement, provided that if a proposed development is within an adopted municipal UGA, the applicable town or county shall also be a party to the agreement. The following may be considered for inclusion as additional parties in a development agreement: contract purchasers, lenders, third-party beneficiaries, and utility service providers.

3.

Content of development agreements. A development agreement shall be prepared by the applicant and shall set forth the development standards and other conditions that shall apply to and govern the development, use, and mitigation of the property subject to the agreement.

4.

When development agreements may be approved. A development agreement may be entered into prior to, concurrent with, or following approval of project permits for development of the property and prior to acceptance by the City for maintenance and operation.

5.

Consistency with Port Angeles Municipal Code. The development standards and conditions set forth in a development agreement shall be consistent with the applicable development regulations set forth in the Port Angeles Municipal Code.

C.

Development standards to be addressed.

1.

A development agreement shall include, but need not to be limited to, one or more of any of the following types of development controls and conditions:

i.

Project elements such as permitted uses, residential and nonresidential densities, scale, and intensity of uses, and/or building sizes;

ii.

Mitigation measures, development conditions, and other requirements pursuant to environmental review under RCW 43.21;

iii.

Design standards such as maximum heights, setbacks, drainage and water quality requirements, screening and landscaping, and other development features;

iv.

Roads, water, sewer, storm drainage, street lighting, signage, and other infrastructure requirements;

v.

Affordable housing;

vi.

Recreational uses and open space preservation;

vii.

Phasing;

viii.

Development review procedures, processes, and standards for implementing decisions, including methods of reimbursement to the City for review processes;

ix.

Bonding requirements; and

x.

Other appropriate development requirements or procedures.

2.

A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. Project applicants and governmental entities may include provisions and agreements whereby applicants are reimbursed over time for financing public facilities.

3.

Development agreements shall:

i.

Establish a process for amending the agreement;

ii.

Specify a termination date upon which the agreement expires;

iii.

Establish a vesting period for applicable standards; and

iv.

Reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety.

D.

Procedures.

1.

A development agreement shall be initiated by a written request from the property owner to the applicable Director. The request should describe the project and the specific reasons why the project is suitable for a development agreement. The request should identify the development standards set forth in the PAMC that the applicant is requesting to be included in the development agreement and any other reasonable information requested by the City.

2.

When a development agreement is being considered prior to project permit approvals, the property owner shall provide the City with the same information that would be required for a complete application for such project permits in order for the City to determine the development standards and conditions to be included in the development agreement.

3.

When a development agreement is being considered following approval of project permits, the development standards and other conditions set forth in such project permits shall be used in the development agreement without modification.

4.

The City shall only approve a development agreement by ordinance or resolution after a public hearing. The City Council may, in its sole discretion, approve the development agreement. If the development agreement relates to a project permit application, the provisions of RCW 36.70C shall apply to the appeal of the decision on the development agreement.

5.

An approved and fully executed development agreement shall be recorded with the Clallam County Auditor and attached to all affected parcels.

E.

Effect.

1.

A development agreement is binding on the parties and their successors.

2.

A development agreement shall be enforceable during its term by a party to the agreement.

3.

A development agreement shall govern during the term of the agreement all or that part of the development specified in the agreement and may not, unless otherwise agreed to in the development agreement, be subject to an amendment to a local government land use ordinance or development standard or regulation or a new local government land use ordinance or development standard or regulation adopted after the effective date of the agreement.

4.

Permits issued by the City after the execution of the development agreement shall be consistent with the agreement.

(Ord. 3742 § 10(Att. J), 12/17/2024)

All provisions in Titles 2, 10, 11, 13, 14, 15, 16, 17 and 18 of the Port Angeles Municipal Code that conflict with the procedures for project permits issued by the City of Port Angeles as specified in Chapter 18.02 PAMC, as amended, above are repealed, and superseded by the provision of this chapter.

(Ord. 3742 § 10(Att. J), 12/17/2024)