§ 15.20.080. Development exceptions.

Exceptions to the development restrictions and standards set forth in sections 15.20.050 and 15.20.070 may be permitted by application to the Director of Community and Economic Development pursuant to the provisions of this section.

A.

Reasonable use development exceptions in stream and locally unique feature corridors.

1.

Development proposals. An applicant may propose a reasonable use development exception pursuant to the following decision criteria:

a.

The proposal is limited to the minimum necessary to fulfill reasonable use of the property, and there is no other reasonable alternative;

b.

The proposal is compatible in design, scale, and use with other development or potential development in the immediate vicinity of the subject property in the same zone classification and with similar site constraints;

c.

The proposal utilizes to the maximum extent possible the best available construction, design, and development techniques which result in the least adverse impact on the environmentally sensitive area or areas;

d.

The proposal incorporates all other development standards of section 15.20.070; and

e.

The proposal is consistent with the purpose and intent of this chapter.

f.

When the functions and values of the environmentally sensitive area will be disrupted, the applicant has prepared a mitigation plan per subsection I.3.

2.

Minor additions to and modifications of existing structures. Existing structures or improvements that do not meet the requirements of this chapter may be remodeled, reconstructed or replaced provided that the new construction does not further disturb an environmentally sensitive area.

3.

Previously altered environmentally sensitive areas. If any portion of an environmentally sensitive area has been altered from its natural state, the applicant may propose to develop within the altered area pursuant to the following decision criteria:

a.

The environmentally sensitive area was lawfully altered in accordance with the provisions of this chapter and any state and federal laws at the time the alteration occurred;

b.

The previous alteration has significantly disrupted the natural functions and values of the environmentally sensitive area;

c.

The new alteration does not further disrupt the natural functions and values of the environmentally sensitive area;

d.

The proposal utilizes to the maximum extent possible the best available construction, design and development techniques which result in the least adverse impact on the environmentally sensitive area;

e.

The proposal incorporates all other development standards of section 15.20.070; and

f.

The proposal is consistent with the purpose and intent of this chapter.

4.

Vegetation management practices may allow the following:

a.

Nondestructive pruning and trimming of vegetation for maintenance purposes. Tree topping is considered a destructive trimming practice;

b.

Thinning of limbs of individual trees to provide for viewshed enhancement that will not harm tree health and vigor; or

c.

Removal of nonnative vegetation and replacement with native vegetation; provided that increased erosion, landslide, or other adverse impacts to the environmentally sensitive areas do not result.

5.

If the Director of Community and Economic Development determines that a reasonable use exception may be granted, the applicant shall sign a waiver indemnifying the City from any liability due to damages that could result from location of the development in or near an environmentally sensitive area.

6.

Alternatively, if the Director of Community and Economic Development determines that application of these standards would deny all reasonable economic use of the property, the City may take the property for public use with just compensation being made.

B.

Emergencies. The Director of Community and Economic Development may approve improvements or alterations that are necessary to respond to emergencies that threaten the health and safety, when he/she determines that no reasonable alternative exists and the benefit outweighs the loss. Emergencies shall be verified by qualified experts as prescribed in PAMC 15.20.060.B.4.

C.

Drainage facilities. Streams and their buffers may be altered for use as a drainage facility provided that all requirements of the City of Port Angeles Stormwater Management Plan and all other local, state, and federal laws are satisfied, and so long as increased and multiple natural resource functions are achievable and the benefits outweigh any lost resource. The Director of Community and Economic Development may approve drainage facilities in a stream only where he/she determines that long-term impacts are minimal or where there are no practicable or reasonable alternatives and mitigation is provided.

D.

Trails and trail-related facilities. Public and private trails and trail-related facilities, such as picnic tables, benches, interpretive centers and signs, and viewing platforms shall be allowed, but use of impervious surface shall be minimized. Trails and trail-related facilities shall be avoided within stream channels. The Director of Community and Economic Development may approve such trails and facilities only when he/she determines that there is no practicable or reasonable upland alternative. Trail planning, construction and maintenance shall adhere to the following additional criteria:

1.

Trails and related facilities shall, to the extent feasible, be placed on existing levies, road grades, utility corridors, or any other previously disturbed areas;

2.

Trails and related facilities shall be planned to minimize removal of trees, shrubs, snags and important wildlife habitat. When street tree(s) are removed, replacement trees, or a fee-in-lieu shall be required in accordance with PAMC 11.13.050.

3.

Trail construction and maintenance shall follow the U.S. Forest Service "Trails Management Handbook" (FSH 2309.18, October 2008) and "Standard Specifications for Construction of Trails" (EM-7720-103, September 1996) as may be amended, or trail standards adopted by the City of Port Angeles;

4.

Viewing platforms, interpretive centers, picnic areas, benches and access to them shall be designed and located to minimize disturbance;

5.

Trails and related facilities shall provide water quality protection measures to assure that runoff from them does not directly discharge to wetlands or streams;

6.

Within buffers, trails and trail-related facilities shall be aligned and constructed to minimize disturbance to stream functions and values;

7.

In areas where impervious paths and trails are used, permeable pavement shall be used where feasible. All permeable trails must have a maintenance plan.

E.

Utilities. Every attempt shall be made to avoid locating utilities within streams. The Director of Community and Economic Development may approve utilities in streams only when he/she determines that there is no practicable or reasonable upland alternative.

F.

Stream crossings. Stream crossings, whether for access or utility purposes, shall be avoided to the extent possible; but when necessary due to the lack of feasible alternatives, crossing of streams shall follow all applicable local, state and federal laws and the following criteria:

1.

Bridges are required for streams which support salmonids, unless otherwise allowed by the Washington State Department of Fisheries;

2.

All crossings using culverts shall use superspan or oversize culverts;

3.

Any work within the stream channel shall be constructed and installed per the requirements of an applicable State hydraulics permit;

4.

No work within the stream channel shall occur in salmonid spawning areas;

5.

Bridge piers or abutments shall not be placed in either the floodway or between the ordinary high water marks unless no other feasible alternative placement exists;

6.

Crossings shall not diminish flood-carrying capacity;

7.

Crossings shall provide for maintenance of culverts, bridges and utilities; and

8.

Crossings shall serve multiple properties whenever possible.

G.

Time limitation. A development exception automatically expires and is void if the applicant fails to file for a building permit or other necessary development permit within one year of the effective date of the development exception, unless either:

1.

The applicant has received an extension for the development exception pursuant to subsection H. of this section;

2.

The development exception approval provides for a greater time period.

H.

Time extension. The Director of Community and Economic Development may extend a development extension, not to exceed one year, if:

1.

Unforeseen circumstances or conditions necessitate the extension of the development exception;

2.

Termination of the development exception would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and

3.

The extension of the development exception will not cause adverse impacts to environmentally sensitive areas.

I.

Mitigation. For any allowable development exception provided under this section, the following restoration and compensation mitigation measures to minimize and reduce impacts to environmentally sensitive areas shall be required, and a mitigation plan per subsection I.3. of this section shall be completed and must be approved by the Director of Community and Economic Development prior to development approval:

1.

Restoration. Restoration is required when the functions and values of environmentally sensitive areas have been disrupted by alteration prior to development approval.

2.

Compensation. Compensation is required from developers for all approved alterations to environmentally sensitive areas. Compensation required for specific development standards shall include, but is not limited to, the following:

a.

Streams.

i.

The applicant shall maintain or improve stream channel dimensions, including depth, length, and gradient; restore or improve native vegetation and fish and wildlife habitat; and create an equivalent or improved channel bed, biofiltration and meandering.

ii.

The Director of Community and Economic Development may postpone or limit development, require bonds pursuant to section 15.20.100, or use other appropriate techniques to ensure the success of the mitigation plan. The decision of the Director of Community and Economic Development to postpone or limit development may be appealed per section 15.20.110.

b.

Beaches and coastal drift processes.

i.

The applicant shall restore, enhance, or create the beach and associated coastal drift processes per the City's Shoreline Master Program as adopted by PAMC.

ii.

The Director of Community and Economic Development may postpone or limit development, require bonds pursuant to section 15.20.100, or use other appropriate techniques to ensure the success of the mitigation plan. The decision of the Director of Community and Economic Development to postpone or limit development may be appealed per section 15.20.110.

c.

Substitute fees. In cases where the applicant demonstrates to the satisfaction of the Director of Community and Economic Development that a suitable compensation site does not exist, the Director of Community and Economic Development may allow the applicant to make a financial contribution to an established environmental project or program. The project or program must improve environmental quality within the Port Angeles Regional watershed. The amount of the fee must be equal to the cost of mitigating the impact of stream or shoreline alteration and must be approved by the Director of Community and Economic Development.

3.

Mitigation plans. All restoration and compensation required for development exceptions shall follow a mitigation plan prepared by qualified professional experts as prescribed in PAMC 15.20.060.b.4 containing the following components:

a.

Baseline information. Quantitative data shall be collected and analyzed for both the impacted environmentally sensitive area and the proposed mitigation site, if different from the impacted environmentally sensitive area, following procedures approved by the Director of Community and Economic Development;

b.

Environmental goals and objectives. Goals and objectives describing the purposes of the mitigation measures shall be provided, including a description of site selection criteria, identification of target evaluation species and resource functions;

c.

Performance standards. Specific criteria for fulfilling environmental goals and objectives, and for beginning remedial action or contingency measures shall be provided, including water quality standards, species richness and diversity targets, habitat diversity indices, or other ecological, geological or hydrological criteria.

d.

Detailed construction plan. Written specifications and descriptions of mitigation techniques shall be provided, including the proposed construction sequence, accompanied by detailed site diagrams and blueprints that are an integral requirement of any development proposal.

e.

Monitoring program. A program outlining the approach for assessing a completed project shall be provided, including descriptions or proposed experimental and control site survey or sampling techniques. A protocol shall be included outlining how the monitoring data will be evaluated by agencies that are tracking the progress of the mitigation project. A report shall be submitted at least twice yearly documenting milestones, successes, problems and contingency actions of the restoration or compensation project. The Director of Community and Economic Development shall require that the applicant monitor the compensation or restoration project for a minimum of two years.

f.

Contingency plan. A plan shall be provided fully identifying potential courses of action and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met.

g.

Performance and maintenance securities. Securities ensuring fulfillment of the mitigation project, monitoring program and any contingency measures shall be posted pursuant to section 15.20.100.

4.

Final approval. The Director of Community and Economic Development shall grant final approval of a completed restoration or compensation project if the final report of the project mitigation plan satisfactorily documents that the area has achieved all requirements of this section.

(Ord. 3570 § 1, 12/20/2016; Ord. 3179 § 3 (part), 12/17/2004; Ord. 2972 § 1 (part), 2/13/1998; Ord. 2915 § 1 (part), 6/14/1996; Ord. 2656 § 1 (part), 11/29/1991.)