§ 15.20.070. Development standards.

A.

Streams. All areas falling within the corridors identified in the following subsection are subject to the requirements of this chapter.

1.

Stream corridors. This subsection defines corridor dimensions for different classes of streams and their tributaries as rated pursuant to WAC 222-16-020 and -030. All areas falling within a corridor are subject to review under this chapter unless excluded by the Director of Community and Economic Development. Dimensions are measured from the seasonal high water mark or elevation of the stream or watercourse as follows:

Type 1	250 feet
Type 2	250 feet
Type 3	150 feet
Type 4	100 feet
Type 5	none

 

Should the stream be located within a ravine, the greater dimension of either the stream corridor, or the ravine corridor, will be used to define areas subject to the requirements of this chapter.

2.

Stream buffers. Any development or construction adjacent to a stream shall preserve a buffer which is wide enough to maintain the natural hydraulic and fish and wildlife habitat functions of that stream. The following buffers of undisturbed native vegetation shall be provided for different classes of streams and their tributaries as rated pursuant to WAC 222-16-020 and -030. Dimensions are measured from the ordinary high water mark or elevation of the stream or watercourse, or from the top of the bank or dike:

Type 1	100 feet
Type 2	100 feet
Type 3	75 feet
Type 4	50 feet
Type 5	none

 

3.

Stream corridors and buffers shall be increased to include streamside wetlands which provide overflow storage for stormwaters, feed water back to the stream during low flows or provide shelter and food for fish.

4.

Additional buffers. The Director of Community and Economic Development may require either additional native vegetation or increased buffer sizes when environmental information indicates the necessity for additional vegetation or greater buffers in order to achieve the purposes of this chapter. In cases where additional buffers are not feasible, the Director of Community and Economic Development may require the applicant to undertake alternative on-site or off-site mitigation measures, including but not limited to a financial contribution to projects or programs which seek to improve environmental quality within the same watershed.

B.

Locally unique feature—Ravines, marine bluffs and beaches and associated coastal drift processes. All areas falling within the corridors identified in the following subsection are subject to the requirements of this chapter.

1.

Locally unique feature corridors: The following corridors, as measured from the top of ravines, the top and toe of marine bluffs, and beaches, define areas subject to the requirements of this chapter, unless excluded by the Director of Community and Economic Development:

Ravines	200 feet;
Marine Bluffs	200 feet;
Beaches and Associated Coastal Drift Processes	Shoreline Management Jurisdiction

 

Should locally unique feature corridors also overlay stream corridors, the criteria of this section will be used.

2.

Buffers. The following buffers of undisturbed vegetation shall be established from the top of ravines; the top and toe of marine bluffs and ravines:

Ravines	25 feet
Marine Bluffs	50 feet
Beaches and Associated Coastal Drift Processes	Per the City's Shoreline Master Program as adopted by PAMC 15.08.040

 

3.

Undisturbed buffers adjoining both marine bluffs and beaches shall be sufficient to assure that natural coastal drift processes will remain unimpaired.

4.

Buffer reduction. The buffer may be reduced when expert verification and environmental information demonstrate to the satisfaction of the Director of Community and Economic Development that the proposed construction method will:

a.

Not adversely impact the stability of ravine sidewalls and bluffs;

b.

Not increase erosion and mass movement potential of ravine sidewalls and bluffs;

c.

Use construction techniques which minimize disruption of the existing topography and vegetation; and

d.

Include measures to overcome any geological, soils and hydrological constraints of the site.

5.

Additional buffers. The Director of Community and Economic Development may require either additional native vegetation or increased buffer sizes when environmental information indicates the necessity for additional vegetation or greater buffers in order to achieve the purposes of this chapter. In cases where additional buffers are not feasible, the Director of Community and Economic Development may require the applicant to undertake alternative on-site or off-site mitigation measures, including but not limited to a substitute fee per subsection 15.20.080.I.2.c., for projects or programs which seek to improve environmental quality within the same watershed.

6.

Viewshed enhancement. In ravine and marine bluff buffers, the Director of Community and Economic Development may approve alterations in vegetation coverage for the purposes of viewshed enhancement, so long as such alterations will not:

a.

Increase geological hazards such as erosion potential, landslide potential, or seismic hazard potential.

b.

Adversely affect significant fish and wildlife habitat areas.

c.

Remove with appropriate and/or acceptable pruning practices more than 25 percent of the live crown of a tree over any five-year period. Pruning shall be in support of maintaining tree health and vigor and shall be in accordance with ANSI A300. Tree topping is not an acceptable pruning practice.

d.

Include felling, topping, or removal of trees.

The landowner shall replace any trees that are felled or topped with new trees at a ratio of two trees for each tree felled or topped (2:1) within one year in accordance with an approved restoration plan. Tree species that are native and indigenous to the site and a minimum caliper of two inches shall be used. Any street trees that are felled or topped shall be replaced in accordance to PAMC 11.13.050.

C.

Geological hazard (erosion, landslide, seismic) areas. Areas containing or adjacent to geological hazard areas shall be altered only when the Director of Community and Economic Development concludes, based on environmental information, the following:

1.

For landslide hazard areas:

a.

That the land clearing, grading or filling activities will adhere to the best management practices.

b.

That the vegetation in erosion hazard areas will be preserved or replaced.

2.

There will be no increase in surface water discharge or sedimentation to adjacent properties;

a.

There will be no decrease in slope stability on adjacent properties; and

b.

Either:

i.

There is no hazard as proven by evidence of no landslide activity in the past in the vicinity of the proposed development and a quantitative analysis of slope stability indicates no significant risk to the development proposal and adjacent properties;

ii.

The landslide hazard area can be modified or the development proposal can be designed so that the landslide hazard is eliminated or mitigated so that the site is as safe as a site without a landslide hazard; or

iii.

The alteration is so minor as not to pose a threat to slope stability.

3.

For seismic hazard areas:

a.

There is no actual hazard based on a lack of seismic activity in the past in the area of the development proposal, and a quantitative analysis of potential for seismic activity indicates no significant risk to the development proposal; or

b.

The development proposal can be designed so that it will minimize any risk of harm from seismic activity to public health, safety or welfare on or off the site.

c.

Construction on artificial fills is certified by a civil engineer with geotechnical expertise as safe from earthquake damage as a similar development not located on artificial fill. This requirement may be waived for actions involving minor changes, alterations or additions to developed properties, provided that such activities do not jeopardize public health, safety or welfare on or off the site.

4.

Geological hazard area setbacks: In the event that it is determined that a geological hazard area is unstable and cannot be safely developed and must remain as permanent open space, setbacks from hazard areas shall be required as necessary to mitigate erosion, landslide, and seismic hazards, or as otherwise necessary to protect the public health, safety, and welfare of the occupants of a development and/or the users of a site and shall be determined by qualified professionals as prescribed in PAMC 15.20.060.B.4.

D.

Priority species and species of concern habitat areas. To protect the habitat of species which are designated by the State to be priority species or species of concern and thereby maintain and increase their populations, priority species and species of concern habitat areas shall be subject to the following:

1.

When a development proposal contains a priority species or species of concern habitat, the applicant shall submit a habitat management plan. The need for a habitat management plan should be determined during State Environmental Policy Act (SEPA) review of the proposal. The habitat management plan should identify how the impacts from the proposed project will be mitigated. Possible mitigation measures should include, but are not limited to: (a) establishment of buffer zones; (b) preservation of critically important plants and trees, (c) limitation of access to habitat area, (d) scheduling construction activities to avoid interference with wildlife and fisheries rearing, resting, nesting or spawning activities; (e) using best available technology to avoid or reduce impacts; (f) using drainage and erosion control measures to prevent siltation of aquatic areas; and (g) reducing the size, scope, configuration or density of the project.

2.

Buffer: To retain adequate natural habitat for priority species, buffers shall be established on a case-by-case basis as described in a habitat management plan.

3.

Uses and activities allowed within a priority species or species of concern habitat area as identified by a habitat management plan shall be limited to low intensity land uses which will not adversely affect or degrade the habitat and which will not be a threat to the critical ecological processes such as feeding, breeding, nesting and resting.

E.

Frequently flooded areas. Development in frequently flooded areas which are not subject to the standards of other environmentally sensitive areas, including wetlands, will be directed by Chapter 15.12 "Flood Hazard Areas" of the City of Port Angeles Municipal Code.

F.

Limited density transfer. The calculation of potential dwelling units in residential development proposals and allowable floor area in nonresidential development proposals shall be determined by the ratio of developable area to undisturbable environmentally sensitive area of the development site except as otherwise provided for wetlands in the City's Wetlands Protection Ordinance, Chapter 15.24 PAMC. The following formula for density and floor area calculations is designed to provide compensation for the preservation of environmentally sensitive areas, flexibility in design, and consistent treatment of different types of development proposals.

1.

Formulas. The maximum number of dwelling units (DU) for a site which contains undisturbable environmentally sensitive areas is equal to:

[(Developable Area) divided by (Minimum Lot Area/DU)] + [(Undisturbable Area) divided by (Minimum Lot Area/DU) (Development Factor)] = Maximum Number of Dwelling Units.

The maximum amount of non-residential floor area for a site which contains undisturbable environmentally sensitive areas is equal to:

[(Maximum Permitted Floor Area/Lot Area)(Developable Area)] + [(Maximum Permitted Floor Area/Lot Area) (Undisturbable Area) (Development Factor)] = Maximum Amount of Floor Area.

Environmentally sensitive areas which are to be disturbed shall receive full credit towards calculating the number of dwelling units or floor area.

2.

Development factor. As used in the preceding subsection, the development factor is a number to be used in calculating the number of dwelling units or the maximum allowable floor area for a site which contains undisturbable environmentally sensitive areas. The development factor is derived from the following table:

Undisturbable Sensitive Area as Percentage of Site	Development Factor
1—10	.30
11—20	.27
21—30	.24
31—40	.21
41—50	.18
51—60	.15
61—70	.12
71—80	.09
81—90	.06
91—99	.03

 

(Ord. 3570 § 1, 12/20/2016; Ord. 3516 § 2, 10/21/2014; Ord. 3179 § 3 (part), 12/17/2004; Ord. 3071 § 2 (part), 12/15/2000; Ord. 2979 § 1 (part) 2/13/1998; Ord. 2918 § 1 (part) 6/14/1996; Ord. 2656 § 1 (part), 11/29/1991)