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HomeMy WebLinkAbout2982 Various PTMC AmendmentsOrdinance No. 2982 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE REVISING THE DEFINITION OF RESIDENTIAL TREATMENT FACILITIES AND CREATING A NEW DEFINITION FOR HOMELESS SHELTERS; CLARIFYING THE NUMBER OF DETACHED DWELLING UNITS ALLLOWED IN THE R-I AND R-H ZONES; REVISING THE MIXED USE ZONING DISTRICTS TO REQUIRE A MINIMUM GROUND FLOOR CLEAR CEILING HEIGHT OF 12 FEET AND ALLOW A REQUISITE INCREASE IN MAXIMUM BUILDING HEIGHT BY 5 FEET; REVISING THE C-II, C-II(H) AND C-III COMMERCIAL ZONING DISTRICTS TO REQUIRE A MINIMUM GROUND FLOOR CLEAR CEILING HEIGHT OF 12 FEET AND ALLOW A REQUISITE INCREASE IN MAXIMUM BUILDING HEIGHT BY 5 FEET OR AS SPECIFIED IN THE SPECIAL HEIGHT OVERLAY DISTRICT; CLARIFYING HOW BONUS DENSITY IS CALCULATED FOR PLANNED UNIT DEVELOPMENTS; CLARIFYING THE REQUIREMENTS FOR LIGHTING IN MULTIFAMILY RESIDENTIAL DEVELOPMENTS; REQUIRING SURVEYS DONE BY LICENSED SURVEYORS FOR LOT LINE ADJUSTMENTS; REMOVING THE REQUIREMENT TO SHOW BUILDING ENVELOPES ON FINAL SHORT PLAT MAPS; REMOVING THE REQUIREMENT TO HAVE PERSONS OR CORPORATIONS WITH A SECURITY INTEREST SIGN AND APPROVE THE FINAL SHORT PLAT; REMOVING THE REQUIREMENT TO HAVE PERSONS OR CORPORATIONS WITH A SECURITY INTEREST SIGN AND APPROVE THE FINAL PLAT; REVISING AN INCORRECT WORD IN THE PRELIMINARY PLAT CHAPTER; REMOVING THE REQUIREMENT TO SHOW BUILDING ENVELOPES ON FINAL PLAT MAPS AND ADDING LANGUAGE FOR CERTIFICATION BY THE COUNTY TREASURER; CREATING A NEW SECTION ADOPTING THE OPTIONAL DNS PROCESS FOR THE STATE ENVIRONMENTAL PROTECTION ACT; CLARIFYING MAXIMUM DENSITY FOR DEVELOPMENT WITHIN CONFIItMED CRITICAL AREAS; CLARIFYING THE REQUIREMENTS FOR GEOLOGICALLY HAZARDOUS SLOPES; COORDINATING THE CRITICAL AREAS CODE AND THE SHORELINE MASTER PROGRAM REGARDING RESIDENTIAL DEVELOPMENT AND STEEP SLOPE BUFFER REDUCTIONS; AMENDING THE TYPE II PUBLIC NOTICE REQUIREMENTS TO REQUIRE MAILING TO ADJACENT PROPERTY OWNERS AND REQUIRE THAT A TITLE COMPANY PREPARE THE LIST OF PROPERTY OWNERS; REMOVING ADDITIONAL STANDARDS FOR PUBLIC NOTICE ON SHORELINE MASTER PROGRAM PERMITS; CLARIFYING THE INFORMATION REQUIRED FOR APPLICATIONS REGARDING SITE-SPECIFIC COMPREHENSNE PLAN AMENDMENT APPLICATIONS; REVISING SHORT PLATS THAT INVOLVE VACATIONS TO MAKE THEM TYPE III APPLICATIONS; INSERTING REFERENCES TO THE SHORELINE MASTER PROGRAM WITHIN THE DEVELOPMENT PERMIT APPLICATION FRAMEWORK; INSERTING REFERENCES TO SHORELINE MASTER PROGRAM PERMITS TO THE PROJECT PERMIT APPLICATION FRAMEWORK TABLES; REVISING THE SHORELINE MASTER PROGRAM URBAN DESIGNATION DEVELOPMENT REGULATIONS TO REQUIltE A MINIMUM GROUND FLOOR CLEAR CEILING HEIGHT OF 12 FEET AND ALLOW A REQUISITE INCREASE IN MAXIMUM BUILDING HEIGHT BY FNE FEET. Page 7 Ordinance 2982 RECITAL: The City Council ofthe City ofPort Townsend finds as follows: 1. Port Townsend is a community with a very special environment, both natural and man- made and the qualities of both must be respected so that the uniqueness of Port Townsend can flourish without inappropriate changes. 2. The Port Townsend Comprehensive Plan was adopted to provide guidance for the community on accommodating growth and redevelopment in a manner that respected the natural and built environment and enhanced the community. 3. Title 17 (Zoning) of the Port Townsend Municipal Code was adopted to fully implement the Comprehensive Plan. 4. Title 18 (Land Division) of the Port Townsend Municipal Code was adopted to fully implement the Comprehensive Plan. 5. Title 19 (Environmental Protection) of the Port Townsend Municipal Code was adopted to fully implement the Comprehensive Plan. 6. Title 20 (Administration of Land Development Regulations) was adopted to establish administrative procedures to review proposed project applications consistent with the requirements of the City's adopted Comprehensive Plan and development regulations. 7. The Shoreline Master Program Urban Designation Development Regulations were adopted to fully implement the Comprehensive Plan and Shoreline Master Plan. 8. Certain standazds and requirements in Title 17, 18, 19, 2Q, and the Shoreline Master Program have been identified as needing clarification. 9. Chapter 20.04 PTMC establishes a process for consideration of amendments to the text and maps of the Comprehensive Plan and Implementing Regulations. This ordinance has been developed in conformance with the requirements for land use code text revisions set forth in Section 20.04.090 PTMC. 10. The recently adopted Shoreline Master Program needs to be coordinated with the Port Townsend Municipal Code. 11. Homeless shelters were found to be an existing use in the community and within the public interest but were not incorporated into the zoning district use tables. 12. Type II applications were found to merit notice to adjacent property owners by mail whereas publishing notice was needed in fewer cases. Page 2 Ordinance 2982 13. The Optional DNS process is available to GMA cities with an integrated review process (RCW 36.70B.060) and is within the public interest. 14. Requiring a minimum twelve-foot ground floor clear ceiling height and a requisite height increase of five feet for C-II, C-II(H), C-III, C-I/MU, and C-IUMU zones makes a variety of commercial uses more feasible. 15. The Planning Commission considered in several workshop sessions the need for revisions to the requirements and standards associated Titles 17, 18, 19, 20, and the Shoreline Master Program. 16. On November 8, 2007, after timely and effective public notice, the Planning Commission conducted and open record public hearing to accept public testimony on the proposed amendments to Titles 17, 18, 19, 20 and the Shoreline Master Progam. Following the close of the public hearing, the Planning Commission reviewed the record, deliberated, and by a vote of 7 in favor and 0 opposed recommended adoption of the proposed amendments. 17. On August 4, 2008, after timely and effective notice, the City Council conducted an open record public hearing to accept public testimony on the proposed amendments to Chapter 17.52 PTMC. At the close of public hearing, the Council deliberated upon the proposal. 18. The City Council finds that opportunities provided for meaningful citizen participation in this amendment process are consistent with the requirements of the GMA (36.70A RCW) and the procedures set forth in Chapter 20.04 PTMC. 19. The City Council finds that the amendments to Titles 17, 18, 19, and 20 PTMC recommended herein have been reviewed under the State Environmental Policy Act (Chapter 43.21 C RCW and chapter 197-11 WAC) and Chapter 19.04 PTMC. On October 24, 2007, the SEPA Responsible Official issued a Determination ofNon-Significance, Adoption of Existing Environmental Documents and Notice of Availability of SEPA Addendum. No comments were received during the public review period. A Final SEPA Determination was issued on November 26, 2007. 20. The City Council finds that Code amendments set forth herein are wholly consistent with the Community Direction Statement contained in Chapter III of the Plan, and the review and amendment procedures set forth in Section 20.04 PTMC. 21. The City Council expressly fmds that site-specific criteria set forth in Section 20.04 PTMC are inapplicable to the text amendments recommended herein, and therefore need not be applied. 22. All audio taped and written record of the Planning Commission and City Council's deliberations during the meeting and hearings described in the above findings are incorporated herein by this reference. Page 3 Ordinance 2982 23. Consistent with the requirement of the GMA, Planning staff provided notice of intent to adopt the proposed development regulation amendments to the State of Washington Department of Community Trade and Economic Development (CTED) for review and comment prior to the adoption of this ordinance (RCW 36.70A.106). No substantive comments were received from DCTED prior to the adoption of this ordinance. 24. This ordinance has been prepazed in conformance with the goals and requirements of the GMA (Chapter 36.70ARCW) and is externally consistent and compatible with the 14 state-wide planning goals contained with in the GMA (RCW 36.70A.020). 25. This ordinance has also been reviewed against the requirements of the County-wide Planning Policy for Jefferson County (CWPP) and has been found by the Council to be in conformance therewith. 26. Based upon the foregoing findings, the Council finds that adoption of the amendments to the narrative text and tables of Titles 17, 18. 19, 20 and the Shoreline Master Program will promote the public health, safety and welfaze of the citizens of Port Townsend and should be approved. NOW, THEREFORE, based upon the foregoing FINDINGS, and based upon the record before the Port Townsend Planning Commission and City Council, the City Council hereby ordains as follows: SECTION 1. Amend the Definition of Residential Treatment Facilities; modify the Definition of Homeless Shelters and Incorporate them in to the Commercial Zoning Districts. PTMC 17.08.060 is hereby amended, and shall read as follows: "Emergency shelter" means a facility that provides housing for individuals and families in the event of an declared emergency or an immediately hazardous situation as determined by local. state or federal eovernments. Emereenc~Shelters organized by the American Red Cross to provide disaster relief shall be permitted outright in all zoning districts. "Residential treatment facility" means a facility that provides both a residence (for vazying periods of time) and a care component. Among such facilities are emergency ef-lierneless shelters (including_shelters for victims of dom~chc violence/cexual assaultl, recovery homes and orphanages. Such facilities do not include halfway houses In such a facility, services, equipment, and safety features necessary for the proper care of residents is normally provided. Such services may include: A. Supervision and assistance in dressing, bathing, and in the maintenance of good personal hygiene; B. r'.,._ ' ,....,._,.,..,,.:e.. ,... a...,..,..e.....,._,.~.:u..e.....,..,,,.u.. c _..e..:,.a~ ,.e,.,,o,.,m~ ~._>o.,... ... ~...~. b........ _,_ ~_....b .~_..Y.,._»~ ______.. _, __~~__~ _,._ Y___..._ __ ____ Ceunsekng legal advocacy and other sunnortive services for individuals who have fled abusive relationships or have been sexually victimized• C. Supervision in the taking of medication; and D. Other services conducive to the residents' welfare. Page 4 Ordinance 2982 PTMC 17.08.030 is hereby modified and shall read as follows: uT3 rIt 1 1. 1 ~' F :7: t.. ti...a « .:.1,,., t,. , 1... .. F .- «.7:..:,7....1.. ,. e «D 'A «ti 1 t...,.. t.«e«t F..,.aa ~~ "Homeless Shelter" means a ff cilitv~oroerated by a public entity or nonprofit oreanization roroerdin~transi nt sh _~or.food and_transient_shelter for a limited geriod._of t>me (i.eTan indrvaslu_:tl_may_e~cugy the shelter for no mere than 29ssztzsecuhve. ealextdar days ox ~s otherwise,slzeGa~ied m the_conditions.4f the pe17x1it) to in ividuals and/or familtes haying neither a home nor means to obtain a home ther temroorarv lodeine Homeless shelters shall meet anv_avnlcable state hcensin~ requirements. Table 17.16.020 Residential Zoning Districts -Permitted, Conditional and Prohibited Uses Key to table: P =Permitted outright; C =Subject to a conditional use permit; X =Prohibited; NIA =Not applicable DISTRICT R-I R-II R-III R-IV APPLICABLE REGULATIONS/NOTES SINGLE-FAMILY RESIDENTIAL USES Adult family homes (for 6 or fewer P P P P PTMC 17.16.030, Bulk, adults) dimensional and density requirements. Emergency shelter (6 or fewer P P P P Same as above. adults) Emergencv shelters established P P P P This provision y the American Red Cross b recognizes the Red _ a fime of public during Cross' desired use of . emergency. various facilities located in the residential zonine districts during a rime of roublic emergency. PTMC Table 17 20.020 Commercial Zoning_Districts -Bulk, Dimensional and Density Requirements, is hereby amended, and shall read as follows: DISTRICT C- C-II C-II C-III APPLICABLE REGULATIONS/NOTES 1 H Homeless X ~ ~ ~ PTMC 17 20 030, Bulk, dimensional. and SheltQrs density zequtxements,, The Director may autltorize_a_waiyezo£the..basic_ errttit_fee. Page 5 Ordinance 2982 SECTION 2. Clarify the Number of Detached Dwelling Units Allowed on One Lot in the R- I and R-II Zoning Districts. PTMC Table 17.16.030 Residenfial Zoning Districts -Bulk, Dimensional and Density Requirements, is hereby amended, and shall read as follows: DISTRICT R-1 R-II R-III R-IV MAXIMUM 4 dwelling units 8 dwelling units 16 units per 24 units per HOUSING (Multiple {Multiple 40,000 sf of lot 40,000 sf of lot DENSITY dv~ll]ngunitson d~elling~nts_Qn azea area (unitsfHedreems a single latmust a_smgle 14t must per 40,000 square be contained be contained foot area) withiau-single within asiu le struchare, except: structuzes except; apennitted a.permitted ac~essoy a~ssory dwelling unit dwellingunit (ADU1 maybe (ADU~mayhe established in a established.iaa separate buildurQ seaarate building if allowed by if allowed by LZl6.024 17 16 020 PTM~1 PTMC (10,000 sf of lot (5,000 sf of lot area er unit azea er unit SECTION 3. Revise the Mixed Use Zoning Districts to Require a Minimum Ground Floor Clear Ceilin¢ Height of Twelve Feet and Allow a Requisite Increase in Maximum Building Hei t by Five Feet. PTMC Table 17.18.030, Mixed Use Zoning Districts -Bulk, Dimensional and Density Requirements is hereby amended to read: DISTRICT C-UMU C-IUMU MAXIMUM 35' 40 feet and as specified by PTMC 4~'- 50 feet except: (a) BUILDING HEIGHT 17.46.080 2 stories, up to 33-,44 feet within 100' of an _. - abutting R-I or R- II district; or (b) 3§'- 40 feel if the development has no residential use component and as specified by PTMC 17.46.080 MINIMUM GROUND -IO- 12 feel ___ ~9' 12 feet FLOOR CLEAR CEILING HEIGHT SECTION 4. Revise the C-II, C-II(Hl and C-III Commercial Zoning Districts to Re uire a Minimum Ground Floor Clear Ceiling HeiQ.ht of Twelve Feet and Allow a Requisite Increase Page 6 Ordinance 2982 in Maximum Building Hei it by Five Feet. PTMC Table 17.20.020 -Bulk, Dimensional and Density Requirements is hereby amended, and shall read as follows: DISTRICT C-I C-II C-II C-III MAXIMiJM 35' and as 3~ 40. feet 33' 40_feel_£ 50' or as specified BUILDING specified by if 2 or structure. is 2 ar by Ch. 17.28 PTMC HEIGHT PTMC more m2r~ stories 17.46.080 sLozie~ and ......_____. and as as specified by specified PTMC by PTMC 17.46.080 17.46.080 MINIMUM None 12 fe~tf 12-feet-if 12 feet,if GROUND structure structure_is 2 or structure is_2.or EL44A is 2 or more stories more sores CEILING more HEiGITT stories SECTION 5. Clarify how Bonus Density is Calculated for Planned Unit Developments. Section 17.32.070.C PTMC is hereby amended, and shall read as follows: C. Maximum Bonus Density. The maximum bonus density allowed is limited to an additiona120 percent over the density allowed in the underlying zone. In zones where a bonus density maybe allowed, either the bonus density allowance in these PUD provisions or that allowed in the zone may be utilized in the PUD, but not both. In_ instances where calculation of the~Qpercent bonus density would result in a fr~i4na1 dwelling umt anv_fraction less than one-half shall be disreeazded_and __ fr~ctzons of,one half or greaT~r_shall allow one additronal_dwel]zng unit to be c4ns_idered, Based upon attributes of a proposal and the characteristics of the development site, the city may determine that a bonus density of less than 20 percent is appropriate. In addition to criteria provided in this section, the density shall be compatible with the site's natural constraints and the character and density of the surrounding azea. Compatibility for bonus density shall also be determined by proximity of the site to arterials, transit service, employment and shopping azeas and planned amenities. SECTION 6. Clarify the requirements for li tine in Multifamily Residential Developments. Section 17.36.070.A PTMC is hereby amended, and shall read as follows: A. Requirement. Provide adequate lighting, screening, and pedestrian access to supporting facilities such as tot lots, mailboxes, bus stops, and dumpsters. If otherwise required as a condition of project approval, locate passenger shelters in well lit areas with access to the multifamily walkway network. Provide for shielding and directing of lighting to minimize impacts upon residents and abutting property owners. Lighting shall meet the xegtlire_ment~_o_f iZ44,_l &4_PTMC, with the exception of items #5 an~~ Page 7 Ordinance 2982 SECTION 7. Require Survevs Done by Licensed Survevors for Lot Line Adjustments. PTMC Section 18.08.030.D is hereby amended, and shall read as follows: D. For proposals including complex drawings or property descriptions, including but not limited to proposed lot reorientations, ~ the drawing shall, be done by a licensed surveyor_unless..atheztiyise wa_ive~ by the dirgctoc; PTMC Section 18.08.070.A is hereby amended, and shall read as follows: A. Upon approval of the application, the director shall notify the applicant. The applicant shall then record with the Jefferson County auditor the certificate or document issued by the director indicating approval of the lot line adjustment, together with the legal document(s) transfemng title, any applicable restrictive covenants, and the survey, ~ i#'.il has not yet been recorded. The drawing shall be done by a licensed surveyor unless otherwise waived by the director SECTION 8. Remove the Requirement to Show Building Envelopes on Final Short Plat Mans• PTMC Section 18.12.110 is hereby amended, and shall read as follows: The applicant must submit a reproducible copy, plus three paper copies of the proposed final short plat to the director. The reproducible copy of the approved final short plat will contain the elements as described in PTMC 18.12.050 .lvith the exce to ion ofsub-section (D17. and shall include certifications and other requirements as provided in PTMC 18.16.120 for full plats. SECTION 9. Remove the Requirement to have Persons or Corporations with a Security Interest Sien and Approve the Final Short Plat. PTMC Section 18.12.120.B is hereby amended, and shall read as follows: B. The final plat shall be accompanied by a current (within 30 days) title company certification of: 1. The legal description of the total parcel sought to be subdivided; 2. Those individuals or corporations holding an ownership interest end-arty w~•~'a~ c°' ~°••°'• °° a°°a° °°'~•°' ° •-•°~'°°•-°°` .,r any other encumbrances affecfing the title of said pazcel. Such individuals or corporations shall sign and approve the final plat prior to final approval; SECTION 10. Remove the Requirement to have Persons or Corporations with a Security Interest Sitm and Approve the Final Plat. PTMC Section 18.16.130.C is hereby amended, and shall read as follows: C. The final plat shall be accompanied by a current (within 30 days) title company certification of: 1. The legal description of the total pazcel sought to be subdivided; 2. Those individuals or corporations holding an ownership interest ate-arty or any other encumbrances Page 8 Ordinance 2982 affecting the title of said parcel. Such individuals or corporations shall sign and approve the final plat prior to final approval; SECTION 11. Revise an Incorrect Word in the Preliminarv Plat Chapter. PTMC Section 18.16.040.D is hereby amended, and shall read as follows: D. The area of each proposed lot or parcel depicted on the shert-roreliminarv plat map shall accurately show that each lot or pazcel contains sufficient area to satisfy minimum zoning and health requirements. The area of land contained in access easements, access panhandles or pipe-stem configurations shall not be included in the lot size computations. SECTION 12. Remove the Requirement to Show Buildine Envelopes on Final Plat Maps and Add Laneuage for Certification by the County Treasurer. PTMC Section 18.16.120.C is hereby amended, and shall read as follows: C. A final plat shall contain the following information: 1. The name of the subdivision; 2. Legal description of the property being subdivided; 3. Numeric scale, graphic scale, true north point and date of preparation of the final plat; 4. The lot line of the plat, referenced to city (USC&GS) datum and based on an accwate traverse, with angular and lineaz dimensions and bearings; 5. The exact location, width and name of all streets, alleys and other public ways within and adjacent to the subdivision; 6. The exact location, width and purpose of all easements and dedications forrights-of- way provided for public and private services and utilities; 7. True courses and distances to the neazest established street lines, or sections or quarter section comer monuments which shall accurately locate the subdivision; 8. Section lines accurately tied to the lines of the plat by distances and courses; 9. All lot and block numbers and lines, with accurate dimensions in feet and hundredths of feet; 10. All house address numbers as assigned by the city; t 1 n 1'«....ti..« ,.C •l.e 1.,.:1.7:«,~ ,......el..«o ..f o....l. l,.s. 1-21_l. The radii, internal angles, points of curvature, tangent bearings and lengths of all azcs; 13 12 . The accurate location of each permanent control monument; 3-4..1,3... All plat meander lines or reference lines along bodies of water shall be established as above, but not farther than 20 feet from the high water line of such body; I-5 14. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes of such dedication or reservation and any limitations indicated thereon and in the dedication; 1b..1~. Accurate outlines of any area to be reserved by deed covenant for common use of owners of property within the subdivision, together with the purposes of such reservation; ~~. Any restrictions or conditions on the lots or tracts within the subdivision, as required by the city or at the discretion of the property owner, including but not limited to environmentally sensitive areas buffers; Page 9 Ordinance 2982 ~8 17. The auditor's file number of all documents and conveyances recorded with the Jefferson County auditor associated with preliminary or final plat approval; I-9 18. The name and seal of the Washington State licensed land surveyor or Washington State licensed engineer responsible for preparation of the final plat, and a signed certification on the plat by said surveyor to the effect that it is a true and correct representation of the land actually surveyed by him or her, that the existing monuments shown thereon exist as located and that all dimensional and geodetic details are correct; 29 19. A signed, notarized certification stating that the subdivision has been made with the free consent and in accordance with the desires of the all persons with ownership and/or security interests in the property. If the plat includes a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, any individual or individuals, religious society or societies, or to any corporation, public or private, as shown on the plat. Such certificate or instrument shall be signed and acknowledged before a notary public by all parties having any interest in the land subdivided. The owner shall waive all claims against the city, on behalf of the owner and the owner's successors and assigns, which maybe occasioned by the establishment and/or construction of any streets, roads, storm drainage improvements or other improvements; 2-1- 20. An offer of dedication may include a waiver of right of direct access to any street from any property. Such waiver may be required by the public works director as a condition of approval. Any dedication, donation or grant as shown on the face of the plat shall be considered as a quit claim deed to the said donee or grantee for use for the purpose intended by the donation or grant; ~ 21. Signature blocks for the appropriate certifications of the ~'; '-°_~~_°-city finance director; public works director, and director of DSD, as follows: FINANCE DIRECTOR'S CERTIFICATE I hereby certify that there are no delinquent special assessments for which the property subject to this subdivision maybe liable to the city, and that all special assessments on any property herein contained dedicated as streets, alleys, or for any other public use, have been duly paid, satisfied or discharged, this day of , 20_ I_ IPort Townsend Finance Director PUBLIC WORKS DIRECTOR'S -CERTIFICATE I hereby certify to the best of my knowledge that this final plat is in compliance with the certificate of improvements issued pursuant to the Port Townsend Municipal Code and is consistent with all applicable city improvement standards and requirements in force on the date of preliminary plat approval, this day of , 20 Port Townsend Public Works Director DEVELOPMENT SERVICES~DEPARTMENT DIRECTOR'S~CERTIFICATE I hereby certify that on this day of , 20 ,that this final plat is in substantial conformance with the preliminary plat and any conditions attached thereto, which preliminary plat was approved by the City of Port Townsend on the day of 20_ Port Townsend Development Services ^ Department Director 23 22. A form of the approval of the County assessor, as follows: ASSESSOR'S APPROVAL Page 10 Ordinance 2982 Examined and approved this -day of , 20 ^Jefferson County Assessor Attest: ^Deputy Jefferson County Assessor 24.23. A form for the certificate of the Jefferson County recorder, as follows: RECORDING CERTIFICATE Filed for record at the request of the City of Port Townsend this day of 20 , at minutes past _ M., and recorded in Volume of Plats, page Records of Jefferson County, Washington. Jefferson County Recording Number^ ^ Manager ^ Superintendent of Records 24 A form for thggertlficate_ofthe Jefferson ~ounty.Tre~surer,_as_follows. __-I,_Icurrent_Co.~nt~Treasurer's.nazane)..Txeasurec.of,Tefferssn_CQrtn_tx Was_hn~tQn, her~gltifv that all taxes due an~._9r_dC~~ll~i~q-uired to cover anticipated taxes on the nroperty_embraced in this subdivision have been paid up_to ansi mEradin~nsert the curr~rtt J!ertr. Jefferson_GotuityTreasurer___,__ ___ __ Date 25. Any additional pertinent information as required at the discretion of the public works director or the DSD director. SECTION 13. Create a New Section Adoptin tg he Optional DNS Process for the State Environmental Protection Act. Section 19.04.120 is hereby created, and shall read as follows: 19.04.120 rational DNS process. A If the City is the lead aeencv for a proposal and has a reasonable basis for determinine thatsignifcant adversecn_v_ironmental impacts__a_re unhkel~, the responsible official mav_elect t9 use th~_sttagle:into~ated_comment__Renod a~_.s.~t forth in thr~ section and In WAC_..19~ ._l_l~. ~~5~ The single comment period will integrate the SE>?A comrnent t2eriod 1v~She 14- calendar-da comment_neriod on the notice of the nnderlvine annlication If this nroc~ssis used a sccon EP- comment period will tonically not be required when the DNS- of MIaI`~S is issued,. The DNS._or MDN.S shall do~tgnate the apphcab>e appeal pertod Any notice of an>?lieation or environmental threshold determination shall sraecifv The fanal day and time for submittal of comments andlor anneals B If the_lead agency uses tho~pti~nal nrooess._spec~fied_above in subsection A the - .. respons~l~ _t?f_fa~al shall 1 _~tateQn_the_first_page_of the notice~f an>zlxcaton_that it exgects_to.~.ssue.a..I2N..S_ar MDNS for the proposal. an that: q 1'h~o~onal DN3LN~DNSznrocess_s_bein~ used b.._:-This may be the only opportunity to comment _on the environmental impacts of the proposes Page 11 Ordinance 2981 c,_.:_ The_prgposal may_anclude _mingation.measures_under agphcable__cades, an~_the project review process naay inGOrporate_or require mttzgaton measures regardlessof whether an EIS is prepared: and d A copy_of the subsequent hreshold determination, for the specf c.~oposal st_ati-n~ tlae tlrne period for ~1ing an appeal maybe obtained upon request (in addition, the city tnav_mamtain a ~eReral_mailmQ list for threshold dcteamunation_dstnTiuto 2 List in the nQiice of annlicatiotithe conditions beine considered to miti - -- env_ironmental_mnaFts if an MDI`I~ t ~pgcte~ 3 Comply with The requuement~for a notice of apElcation and public notice tta.20.Q_.l. PTMC:_and 4. Send the notice of applieation_and environmental checklist to; 1. Agencies_with jurisdiction the Department of Ecology affected tubes, and each local agency or political subdivtslan whose pubhF sernces would be changed_as_ a result of implemerttati4n4f the proposal and 2 Anvonexeauestine a copy ofthe environmental checklist for the specific proposal (in addition. the Ctv_m~v maintam_a general mailin ist_for.checkhst_drstnbutionl.. C.__If.tlae_]easl..anency indicates on..the_notice ~ application that_a I2NS or.MPN~~_likely an aeencYwiill jurisdiction ~av assume lead a¢encv status dunne the comment period on the notice of application in accordanc~~th WAC 197-11-948. D The responsible official shall consider tim~ly_ comm~nis~n the notice of .app..ljeati9n_a_nd ite her: 1 Issue a DNS or MDN3 w~h_no_comment penod~_using the procedures m subsectQn~ of thts_ section-, 2 issue a DNS or MANS with_a_commenipenod usjn~theprQCedures..in.1.9.44.22Q_ansl 20 Ol PTMC if theTead aeencv determines a commel~tp~ri his nes~essa_rX: ~, Issue a declaration of significance >;DS~ requiring the preparation of an environmental im~aGt Statement; ox 4 Require additional_nformatian or studies prior to making a tluesiiold determination, E, If a DNS~r~MDNS is_i~~u_ed und~ubsection D1 above the lead a~ency_shall_send_a copy of..the DNS or,MD~~to..the D~artment_of Eeol~gy~agencies_withlurisdtction=thQ~~ who eQmrrtented.and annyone else reauestin~ a copy A copy of the epyironnienlal_ch~ckli~t need not be recirculated. SECTION 14. Clarif~Maximum Density for Development within Confirmed Critical Areas. PTMC Section 19.05.060.D.1.a is hereby amended, and shall read as follows: D. The performance standards below apply to any development and to all short plats, subdivisions and lot line revisions proposed for sites wholly or partially within confirmed critical areas or their buffers in Port Townsend. These standards aze general development practices to minimize problems related to water quality, stonnwater and erosion control, and the placement and construction of development in the city's critical areas. In addition to the following general performance standards, if a site contains a critical area or its buffer, such as a steep slope or a wetland, the Page 12 Ordinance 2982 applicable set(s) of regulations outlined in the following sections of this chapter shall also apply. 1. Maximum Density. a. For the purpose of this chapter, maximum density in confirmed critical areas Qr ther_assoclated._buffers_shall be one dwelling unit per each 10,000 square feet of site area, with the exception of those lots sites containing only aquifer recharge areas, frequently flooded areas or seismic hazard areas. The maximum density for sites containing only aquifer recharge areas, frequently flooded areas or seismic hazard areas shall be as specified in the zoning ordinance. Areas waterwa_~Qf411e Q~_biigla Water Mark and areas- of marine. bluffs, steer sloe, an~~vetlands shall not be mcludesl to calculate allowable density Forexaanpl9~anly ttap buldable_area landward._of the manne bluff edg_e_shall be_used..in.tlze calculation. PTMC Section 19.05.060.D.4.4 is hereby amended, and shall read as follows: 4. Site Coverage -Impervious Surface Limits for Lots. a. The maximum total percentage of a lot area that can be covered by impervious surfaces (including parking areas) is limited by the slope of the lot for all detached sin le-famil developments as follows: Lot Slope Lot Coverage Less than 15% 30% 15 - 30% 25% Greater than 30% 20% Areas waterwazd of th_e Ordinary Hieh Water Mark and areas of marine bluff steep slopes and wetlands shall not be included to calculate land area __ For - - _ example only the buildable area landward of the manne bluff edge shall be used in_the._caleulation. _ SECTION 15. Clarify the Requirements for Geolo ig'cally Hazardous Slopes. PTMC Section 19.OS.100.B.5 is hereby amended to read as follows: 5. Any slope of 40 percent or steeper that exceeds a vertical heielrt often feet; PTMC Section 19.OS.100D(2)(f) is hereby amended, and shall read as follows: f. Additional standards for eeoloeically hazardous sloes as defined in 19 OS 100 B marine .., .w... ,] .rt:,.,.1 1.0:..1.1 ..F 1 !1 F et ciaacccEvc~a~"c. ~xa:m--iic~~zcvr vz~ ~ i. All proposed development on xeologicall~!_hazardQUs-slopes and .marine bluffs and slopes greater than 40 percent that exceed a vertical height of 10 feet and their required buffers shall be prohibited, except as-ma}~be if allowed under PTMC 19.05.040(C) and (D), " or for minor development to provide public access Page I3 Ordinance 2982 (e.g., public trails, stairs or view points); provided, that impacts are mitigated and the development can be shown to be safe. ii. A eeotechnical report shall be reauired for all rororoosed development occu~rrin within the"marine bluff rt~an~gement zone ___~.>,• cn r r t, . r,. ~.t..rr4t,..« ,. ,....t.... ,,...«;,.,.t ~.,,:,.t.. c t n c a. er-a €-180-feet-frerrrthe er , , uire lreparation o€a mt,' t. tt t. n t. F a t, << t.t ~' ge6ttE"eliiil@81'-rP.136rF -z-xi.~--~.rc~a-:murr~.er~n-.u. ~cr-r~c. r~-[crcco--[crtx~xac--iiiuiai.~ yr iii. All proposed development occurring within 50 feet of the top of an inland geologically hazazdous slope- (including but not lmtted _to an inland bank of greater than 40 percent that exceeds a vertical height of at least 10 feet). shall require preparation of a geotechnical report. This area shall hereinafter be referred to as the "inland bank management zone." PTMC Section 19.OS.100.F is hereby amended, and shall read as follows: F. Special Reports. Forsteep-g~ologiq~lly hazardous=slopes, erosion hazard areas, and landslide hazard areas, a geotechnical report shall be required to review potential hazazds and propose measures to mitigate such hazards consistent with the requirements of this chapter. SECTION 16. Coordinate the Critical Areas Code and the Shoreline Master Program ReQazdingResidential Development and Steep Slope Buffer Reductions. PTMC Section 19.OS.100E(3) is hereby amended, and shall read as follows: 3. For existing platted lots, a steep slope buffer less than that required for new subdivisions under subsection (E)(2) of this section may be permitted when necessary to allow development of asingle-family residence; provided, that the geotechnical report concludes that doing so would not result in an increased risk to people or property or impacts to environmental processes. Additionally, for proposals within the shoreline jurisdiction °'-~a~I-ache=~t~'a'~.c C1alatiens . In no case shall the reduced buffer width _ -- be-less than. a distance eAual to_ the sum_of the bluff erosron rate aver _at least 7 wears plus_2,4-feet froth the crest, or ten-feel from the_sdes_artd the toe of_a marine bluff (DR 6 8 1 of the Shoreline Master Proerar~ SECTION 17. Add Mailine to Adjacent Property Owners to the Type II Public Notice Requirements. Modify When Publishin ie s Required for Type II Permits. and Require that a Title Company Prepaze the List of Property Owners AND Add References to the Page 14 Ordinance 2982 Shoreline Master Program within the Development Permit Application Framework. PTMC Section 20.O1.100.C AND lnsert references to Shoreline Master Prog~nermits to the Project Permit Application Framework Tables. PTMC Section 20.01.040. PTMC Section 20.01.030 is hereby amended, and shall read as follows: A. Determinafion by Director. The director of the development services department ("DSD") or his/her designee (hereinafter the "director") shall determine the proper procedure for all development applications. If there is a question as to the appropriate type of procedure, the director shall resolve it in favor of the higher procedure type number. 1£1he.pxQvisrQn~_fQUnd rn.this_Chatzl~x. ue in..~Qnflict with anv other section of the land use codes 1Titles 17 18 19 20) t this section shall prevail PTMC Section 20.01.040 is hereby amended, and shall read as follows: Table 1 -Permits/Decisions T el' T el-A T ell T elll T eIV T eV Permitted Binding site Short Preliminary full Final plats Site-specific uses not plans subdivisions subdivisions; rezones2 requiring plat vacations consistent notice of and alterations with the Port application Townsend (e.g., building R-III cottage R-II cottage R-I/major CUP Comprehensi permits, etc.) housing housing cottage ve Plan, developmen development housing including ts3 s3 developments3 rezones considered in conjunction with the annual Comprehensi ve plan amendment process Lot line C-II and Lot line Recognition/su Final Development adjustments mixed use adjustments bdivision of 10 planned regulations zoning resulting in or more lots of unit district lot record developm design reorientation ents review (PUDs) decisions Page IS Ordinance 2982 Minor Historic Plat and Shoreline Zoning text amendments preservation short plat management amendments to planned certificates extensions permits (major and zoning unit of approval shoreline map development (design substantial amendments s (PUDs) review) development permits, conditionaLus~ permits, variances) Minor Multiple- Revisions to PUDs and Annexations modifications family shoreline major to approved developmen management amendments to preliminary t permits3 permits PUDs short and full subdivisions/ plats Sign permits Recognition/ ~„v;,•o~;,,,e.;t Major Shoreline certification ^'a.:TSe~~.t:ve variances master of 9 orfewer ° ^u~~a(~SA~ program lots of Critical areas (SMP) record permits amendments Temporary Minor Major CUPs Other land uses variances use and utility plans Street use Minor and permits conditional amendments use permits (CUPs) Land Tree All personal All personal clearing/gradi removal wireless wireless ng activity facility service facility combined permits and permits and with minor major statement of variances variances intent not to described as described as convert Type II permit Type III permit commercial applications applications in forest lands, in Chapter Chapter 1778 Chapter 17.78 PTMC PTMC 19.06 PTMC, Article II Page 16 Ordinance 2982 Home Tree Tree removal occupations removal activity activity classified as requiring a a tree written conservation exemption, permit Chapter approval, 19_06 Chapter PTMC, Tree 19_06 PTMC, Conservatio Article II n, Article II Shoreline Minor exemptions modification s to Street approved Minor development tree shoreline permits conservation permits (minor permits or shoreline tree substantial conservation development plans, germts,rnino Chapter conditional use 19.06 permits, minor PTMC, Tree variances] Conservatio n Assignment of a project to Type I and I-A status shall not limit or restrict the public notice and procedures available pursuant to Chapter 43.21C RCW (SEPA) and Chap[er 19_04 PTMC if a project is deemed to be subject to SEPA review. z Pursuant 1o regulatory reform-{RCW 36.70$.Q40~ S-.site-specific rezones aulharzed bya eomprehensiveplan gr_subareaglari: but ex~lnding the adoption or amendment of aCatngrehe Blair _- -_ _: ~ _.. processed as a Type V_apgliaatran svirtha notice of application_andpravided anly_on~apenreegrd hearing befare.theplanrlang. comuiissinnand aue dosed record haarin>; before the citX council. Certain legislative decisions includizre sit~suecific rezones, are subject torules govemingguastiudicial.:proceedings,, } Table 2 - Action T e Procedure Pro'ect Permit lications T e 1- IV Le islative Type I Type I-A Type II Type III Type IV Type V Notice of application: No No<s Yes° Yes No N/A Page 17 Ordinance 2982 Recommendation N/A N/A N/A DSD N/A Planning made by: directorLSk~orelne commission, Adu~inisiratorb except for utility plans' Final decision Admin. DSD DSD director Hearing City City council made by: director [~h9xeliaxe examiner council 6 E~StII11T1.1StC~t47_ Open record No Only if Only if Yes, before No Yes, before public hearing: director's director's hearing planning decision decision is examiner commission to is appealed¢ make appealed recommendation (by to city council, applicant except for utility only) plans, and before city council for code and comprehensive plan revisionsz.3 Administrative No Yes, Yes, open Yes, closed N/A N/A appeal: open record before record before record the hearing city council before examiner the hearing examiner Judicial appeal: Yes Yes Yes- Yes- Yes Yes; provided, that all administrative appeal remedies have been exhausted, including appeals to the Shoreline Hearings Board, Growth Management Hearings Board, etc. Footnote 1: Type V land use plans are subject to review and recommendation by the planning commission. However, the following utility plans may be reviewed or considered by the planning commission only upon referral by the city council to the planning commission of all or part of the plans: wastewater (sewer) plans, stormwater plans, water system plans, and solid waste plans. The city council shall conduct review and hold one or more open Page I S Ordinance 2982 record public hearing(s) on all such plans. At the time of consideration by the full city council, the public works committee may make a recommendation to the city council regarding utility plans. Footnote 2: The planning commission shall not hold public hearings regarding the utility plans described herein, unless the city council refers all or part of the plans to the planning commission. The city council shall hold one or more open record public hearing(s) on all such plans. Footnote 3: Purstaant.tore~ulatory,refarm~RCN_._~6~ZQ~ 4szQ1~ _s_ite-specific rezones ;- « ~ -~ T ^d C.^^;^^•^~°^°~~•^ D1.... are rocessed as a T e V seasistent-wit ,~Y•..,,•.,, •. p YP application with a notice of application and provided only one open record hearing before the planning commission and one closed record hearing before the city council. Certain legislative decisions, including site-specific rezones, are subject to rules governing quasi- judicial proceedings. Footnote 4: Applications for multifamily design review for 5 - 9 dwelling units and all cottage housing developments PTMC Section 20.01.100 is hereby amended, and shall read as follows: A. Applications for project permits shall be submitted upon forms provided by the director. The applicant is encouraged to schedule a presubmittal conference with the director prior to submittal of the application. B. An application shall consist of all materials required by the applicable development regulations, and shall include the following general information: 1. A completed project permit application form, including SEPA checklist submitted pursuant to PTMC 19.04.100; 2. A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the written consent of all owners of the affected property. A photocopy of the property deed shall be provided; 3. A property and/or legal description of the site for all applications, as required by the applicable development regulations; 4. The applicable fee; 5. A site 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, if applicable; 6. Assessor's maps and a list _pre~ared by a lcens~title_cornpaaay, of tax parcels and their owners, with said owners' names and addresses placed on labels suitable for mailing in a sufficient number for the type of application for all properties within 300 Page 19 Ordinance 2982 feet of the property and properties to which public notice must be sent as provided in deeisien 20 Ol 150 and 20 Ol 160 PTMC (notice of a 1' ft~u~; _The directot~la~ll issue a sworn certificate affirming mailing of notice_to X11 persons en_ i 1 t4 siQt9 under thts chapter The directox may prQVrde notice to atkaer.persons_than those required to receive nonce under thi~,chapter; 7. Any supplemental information or special studies identified by the director or project administrator. C. In addition to the requirements set forth in subsection A of this section, complete application requirements for the following land use permits are set forth in the following sections of the Port Townsend Municipal Code: L Clearing and grading permits, see International Building Code adopted by PTMC 16.04.010; 2. Building permits, see Chapter 16.04 PTMC; 3. Binding site plans, see Chapter 18.20 PTMC; 4. Lot line adjustments, see Chapter 18.08 PTMC; 5. Preliminary plat, see Chapters 18.12 (Short Subdivisions) and 18.16 (Full Subdivisions) and PTMC 18.20.020; 6. Subdivisions and recognition of lots of record, see Chapter 18.18 PTMC; 7. Planned unit developments (PUDs), see Chapter 17_32 PTMC; 8. Crti.cal.areas '~, see Chapter 19.05 PTMC; 9. Street development permits, see Chapter 12.04 PTMC; 10. Utility development permits, see Chapter 13.01 PTMC; 1 L Multifamily residential development permits, see Chapter 17.36 PTMC; 12. Mixed use development permits, see Chapter 17_40 PTMC; 13. Home occupations, see Chapter 17_56 PTMC; 14. Temporary use permits, see Chapter 17_60 PTMC; 15. Sign permits, see Chapter 17_76 PTMC; 16. Wireless telecommunications standards, see Chapter 17.78 PTMC; 17. Conditional uses, see Chapter 17.84 PTMC; 18. Variances, see Chapter 17_86 PTMC; 19. Tree conservation permits and plans, see Chapter 19_06 PTMC. 20. Shoreline P~rmiee t hater 10City of Port Townsend Shoreline Master Protu'am end WAS 17.3-27, D. The director may waive specific submittal requirements determined to be unnecessary for review of an application. In such event, the director shall document the waiver in the project file or project log. (Ord. 2867 § 2, 2004; Ord. 2837 § 2(Exh. B § 15), 2003; Ord. 2762 § 1, 2001; Ord. 2592 § 4, 1997; Ord. 2521 § 1, 1996). PTMC Section 20.01.150 is hereby amended, and shall read as follows: A. Time of Issuance. Within 14 calendar days of issuing the determination of completeness, DSD shall issue a notice of application on t~ fohngtypes of apphqutions_;. Page 20 Ordinance 2982 Type IApeztnk=applications fqx m~ltifamtly_design zgvtew fQr. five to nine.dwelling_untts R-III cottage hou~z~g..dtryelonment ii, Aprolications requirin~PA review iii. Aall Type II and Type III project permit applications. If an open record predecision public hearing is required or requested, the notice of application shall be issued at least 30 calendar days prior to the hearing. E ~. SEPA Exempt Projects. With the exception of subsection ~ of this section, a notice of application shall not be required for project permits that are categorically exempt under SEPA, unless a public comment period or an open record predecision hearing is required. A notice of application shall be required for Type II projects, regardless of whether such projects are exempt from SEPA review. 13 C. Posted and Mailed The notice of application shall be posted on the subject property ' and mailed to_~.d]a9ent_groperty - -- o~'ngr~wth.in.3 Q4_feet. D Pu lish~ In addition to roostine and mailine the notice of ronlication for the followin,~permit tunes shall be published once m a newspaper,.of general ctzculation (3hgzelzne master progrram (SMPj_~eztxtits~=permits requirtn~SEPt___1 review Tvvne II cgtta~e hQU~sn~ developments and short subdivision pertrtiYs and all Tune III it The notice of application shall be issued prior to and is not a substitute for the required notice of a public hearing. E-F. Contents. The notice of application shall include: 1. The name of the applicant; 2. The date of application, the date of the determination of completeness for the application and the date of the notice of application; 3. The street address location of the project or, if unavailable, the location in reference to roadway intersections; 4. A description of the proposed project action includine a listine of anv requested deroartures and a list of the project permits included in the application and, if applicable, a list of any studies requested under PTMC 20.01.110; 5. The identification of 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, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed; 7. The name of the city staff contact and telephone number; 8. A statement of the limits of the public comment period, which shall be 20 calendaz days following the date of notice of application (or 30 calendar days if the applicafion involves a shoreline master program permit), and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request copy of the decision once made, and any appeal rights; 9. The date, time, place and type of hearing or design review meeting, if applicable, and scheduled prior of issuance of the notice of application; Page 21 Ordinance 2982 10. A statement of the preliminary determination of consistency with applicable development regulations and the Port Townsend Comprehensive Plan, if one has been made at the time of notice, and of those development regulations that will be used for project mitigation and determination of consistency as provided in RCW 36.70B.040 and PTMC 20.01.140; 11. Any other information determined appropriate by the city, such as the city's pending SEPA threshold determination or a statement advising that a final environmental determination shall be made following a comment period; 12. If a local government has made a determination of significance under Chapter 43.21 C RCW concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. Nothing in this section prevents a determination of significance and scoping notice from being issued prior to the notice of application; 13. A statement that the final decision on the application will be made within 120 days from the date of the determination of completeness. E Sr. Public Comment on the Notice of Application. All public comments on the notice of application must be received in the DSD by 4:00 p.m, on the last day of the comment period. Comments may be mailed, personally delivered or sent by facsimile. Comments should be as specific as possible. Public comments maybe provided at any time up to and during the public hearing. However, the city cannot ensure that comments provided after the comment period on the notice of application will be considered and addressed in Type II project review or in staff reports on Type III projects. The SEPA threshold determination shall not be issued until after the expiration of the comment period following the notice of application. Regardless of the expiration of the notice of application comment period, any interested parry may comment upon the SEPA threshold determination pursuant to Chapter 19_04 PTMC. (Ord. 2892 § 1, 2005; Ord. 2778 § 4, 2001; Ord. 2762 § 1, 2001; Ord. 2521 § 1, 1996). PTMC Section 20.01.160 is hereby amended, and shall read as follows: A. The city shall provide the public notice of application for a project permit by posting the property_~nd nrailn t4 adjac_ent property Own@rs wlthizt__300 feetu AdditiQnal~ arul-for.Sb.Qreli~~maste~pr9pr~m ~SM_P~_~e_rmjts. permits zequiring SEPA review Type II cottaee housine developments short subdiyisi4ll_Rermits and all Type III uermits, by publication in the city's official newspaper ~h~ll bg r~quized, as provided in this section, ~•^'°^^ ^'''°^^~°° ^^^°~a°-' ~^ t hia= aper 1. Posting. Posting of the property for site-specific proposals shall consist of one or more notice boards posted by the applicant or the applicant's representative as follows: a. A single notice board shall be placed by the applicant: i. At the midpoint of the site street frontage or as otherwise directed by the city for maximum visibility; and ii. Where it is completely visible to pedestrians and vehicle traffic. b. Additional notice boards may be required when: i. The site does not abut a public road; Page 22 Ordinance 2982 ii. A large site abuts more than one public road; or iii. The director determines that additional notice boards aze necessary to provide adequate public notice. c. Notice boards shall be: i. Maintained in good condition by the applicant during the notice period; ii. In place at least 30 calendar days prior to the date of hearing or decision; and iii. Removed by the applicant within 15 calendar days after the end of the notice period. d. An affidavit of posting shall be submitted to the director by the applicant prior to the hearing or final comment date. If the affidavit is not filed as required, any scheduled hearing or date by which the public may comment on the application will be postponed in order to allow compliance with this notice requirement. e. Notice boards shall be constructed and installed in accordance with specifications promulgated by DSD. 2. Published Notice. Published notice shall include at least the project's street address or location, project description, type of permit(s) required, comment period dates, and location where the complete application may be reviewed in the city's official newspaper of general circulation. 3. Mai No 'ce. Mailed notices 1 in lode the content as set forth in PTIvI~ 20..01 150.F. It shall be mailed to the latest recorded real- r~oroert~awners as_shown by the records of the,_Caunty Assessor wthtn at least 349 feet of the boundaxy_.of the Rrapetty upon which the developane~~grarzased, a An adiacent rororoertv ownershitzlist rorenazed by a licensed title. comroany shill be rued for . _ rmmna the ~ronerty owner(sl of record b,_All~ublc nottees shall be...cl.~emed to hav~been_rorovts~ed_pr reee~ved an th~~gte the nattce_s depa~ited ixa the marl ax personally deliyexesl vYhichever ac~urs fast 34. DSD shall maintain for public review a list of pending projects (public inspection files), including project status. However, the failure by DSD to maintain and update the project status list shall not be grounds for invalidation of any permit decision. (Ord. 2892 § 1, 2005; Ord. 2778 § 4, 2001; Ord. 2762 § 1, 2001; Ord. 2521 § 1, 1996). PTMC Section 20.01.190.B.5 is hereby amended, and shall read as follows: a. T'-° _ .._a.. ,.r.,.e ,..~r ~~'"~..-«.... ~~sor'~~~an. An adjacent property ownership list prepazed by a licensed title company shall be used for determining the property owner(s) of record. The applicant shall provide the list of property owner(s) of record to DSD. Addresses for a mailed notice required by this chapter shall be obtained from the county's real property tax records. The director shall issue a sworn certificate affirming mailing of notice to all persons entitled to notice under this chapter. The director may provide notice to other persons than those required to receive notice under this chapter. PTMC Section 20.04.080.B is hereby amended, and shall read as follows: B. City Council Review/Appeal. Page 23 Ordinance 2982 1. City Council Workshop. The city council may first review the recommendation of the planning commission in a workshop meeting. 2. City Council Hearing. The city council shall consider the changes to the comprehensive plan and shall hold an open record public hearing on the amendments under the procedures set forth for public hearings in PTMC 20.01.240. Pursugnt, to. r~gulatorYrefQrm_ Ft.~_C~'V 3_f.74B,060_l site_specifi_Erezotae~ authorized by_a com r~~he~ive elan or subazea elan are subiect to a closed-record hearing before council. ,The hearing shall be noticed by one publication in the official newspaper of the city at least 10 days prior to the date of the hearing, and by posting copies of the notice of hearing in the Port Townsend City Hall. Additional public notice ofsite- specific amendment proposals will be mailed to current property owners within 300 feet of the site boundaries and by posting on the site itself at least 10 days prior to the date of the hearing. The notice and public hearing for proposed comprehensive plan amendments maybe combined with any notice or public hearing for proposed amendments to the land use code or for other actions of the city council. Written comments maybe given by anyone to the city council regarding proposed plan amendments, and maybe received up to and until the close of the public hearing. PTMC Section 19.04.220 is hereby amended, and shall read as follows: A. Notice of Application Requirements for Types I, II and III Projects. 1. Notice of Application Requirements for Type I Projects Subject to SEPA. A notice of application, as set forth in PTMC 20.01.150, shall not be required for Type I project permits that aze categorically exempt under SEPA, unless a public comment period or an open record predecision hearing is required. 2. Notice of Application Requirements for Types IiII and III Projects Subject to SEPA. For Types ~ II and III projects, notice of the SEPA pending threshold determination or the availability of the final environmental impact statement shall be provided in conjunction with the notice of application for gernnit_s.whch reguir~SIKPA rgvew.._as set forth in the public notice provisions of PTMC 20.01.150 through 20.01.180. , list e€~r . 11 1....lu~«. ~.1 4~ x.....01. ~~« ««....:.~...1 .. .1 ~. { . 4~.e .1 hu Il.u .. ~4_~u ..~.. ».~.. -j.-...-..-~.. a1C1CI~ u ~~• _ PTMC Section 19.OS.OSO.C is hereby amended, and shall read as follows: C. Public Notice of Application and Comment Period. Public notice of an application for a critical azea permit shall be provided in the following manner: Page 24 Ordinance 2982 1. Notice of an application for cnltcal .area permits ~ S r~ure~~ set forth in PTMC 20.01.150 and 20.01.160. 2-1n-additio ..rte,... ,..- .. v'riicco:-a .ccvcus-hc. ,l 1...11 ... ~....... ...°.rti4'~:t~ :CF..„ rt w:1: F •' • it f ' PTMC Section 17.46.050 is hereby amended, and shall read as follows: A. Commercial, Multifamily, and Mixed Use Design Review. 1. Notice of application for design review_~hallsotaf4aatt. with.th~.xeg~iiz~ments.Q£ Section 24.01.150 PTMC. ~ 1 a ^r ~ „a «,^^^ „rah.. a^..:,... vw.u.u.wv ua..vua.b . ............t,...,.......... p,..,~...,y » .,.... t....-...-__ ___ . ___.,__, ____ . __..."""a advisery e .Notice shall be posted in the manner prescribed by PTMC 20.01.160^ `~1 ``obi. 2. Notice of design review for commercial, multifamily, and mixed use projects shall be included when notice is required for other applications, e.g., SEPA determination or shorelines permit. B. Cottage Housing Developments. Notice of design review for cottage housing developments will be provided as specified by Chapter 20.01 PTMC~vith particularly as set forth in 24.41.154 and 20,41..L64PTMC_°aa'`'~„°7 .....:lo,l „,..:,.^ ^r 1......« 1... at. ,. «,...,.«A.. ,.F 6perty-6 W na.ira~~~cavva-irv~xic-cccviQ.rvc SECTION 18. Remove Additional Standards for Public Notice on Shoreline Master Pro~am Permits. PTMC Section 20.01.170 is hereby revised, and shall read as follows: SMP permits require notice as provided in PTMC 20.01.150 through 20.01.160 (pesEiag-and "'J "hpe« ...1.:..1.. 41.e A,...,.i,.„...e«k : ..vA , C~A.fO 1. 11 1, 'a 1 t.. •m: hciavticc~c°a C ..r1.:„ mm~,ir 7n nl 1 Cn ..«,1 1n nl 1 ~n t= .A. SMP Comment Period. The public may provide comments for 30 calendar days after the notice of publication date. (SMP notice is 10 calendar days longer than the Page 25 Ordinance 2982 comment period for other Type II and Type III permits as required by RCW 90.58.140.) A notice of application for a shoreline substantial development permit shall notify the public of the 30-day comment period. (Ord. 2762 § 1, 2001; Ord. 2521 § 1, 1996). SECTION 19. Clarify the Information Required for Applications re ag rdine Site- Specific Comprehensive Plan Amendment Applications. PTMC Section 20.04.040.B.2 is hereby amended, and shall read as follows: 2. A description of proposed plan amendment (if epplieablej. Site-specific ~~.-oj~r=-~ated amendments shall i-"Mans; epiet ~r~e adequate information to show th t~v~l4pment consistent wrth the proposed density and uses_rs or can be ~~ryed by_gxxstmg or zlzroposed=nfxastructurc ir~prevettxents. Proposed site-specific .,r-proj~t r~.et~ comprehensive plan amendments will be assumed to have maximum impact to the environment and public facilities and services; SECTION 20. Revise Short Plats that Involve Vacations to Make them Type III Annlications. PTMC Section 20.01.040 is hereby amended, and shall read as follows: Preliminary full subdivisions; plat vacahons~ixtcludrng.shgrt subslvisaaps that lnyolYe right- Q.f-~YaY yacaS.gns or plat end alterations PTMC Section 18.12.070 is hereby amended, and shall read as follows: A. An application for a short subdivision shall be processed according to the procedures for Type II land use decisions extent short subdivisions that involve right-of--way vacations plat alteratrons which will_reauire a VIII land use decisron nroces,~ established in Chapter 20.01 PTMC, Land Development Administrative Procedures. B. The director shall solicit comments from the public works director, fire chief or designee, local utility providers, police chief, building official, school district, adjacent jurisdictions if the proposal is within one mile of another city or jurisdiction, Washington State Deparhnent of Transportation if the proposal is adjacent to a state highway, and any other state, local or federal officials as may be necessary. C. Based on comments from city departments and applicable agencies and other information, the director shall review the proposal subject to the criteria of PTMC 18.12.060. A proposed short plat shall only be approved when consistent with all the provisions of PTMC 18.12.060. D. An applicant for a short subdivision may request that certain requirements established or referenced by this chapter be modified. Such requests shall be processed according to the procedures for variances in Chapter 20.01 PTMC, and shall satisfy the criteria of Chapter 17.86 PTMC, Variances. SECTION 21. Add References to the Shoreline Master Program within the Development Permit Application Framework. Revisions to PTMC Section 20.O1.100.C are reflected in Section 17 above. Page 26 Ordinance 2982 SECTION 22. Insert references to Shoreline Master Program permits to the Project Permit Application Framework Tables. Revisions to PTMC Section 20.01.040 aze reflected in Section 17 above. SECTION 23. Revise Urban Development Regulations to Require a Minimum Ground Floor Clear Ceiling Height of Twelve Feet and Allow a Requisite Increase in Maximum _Buildine Heieht by Five Feet. Shoreline Master Program Development Regulation 5.10.4.d is hereby amended, and shall be read as follows: d. Uses may be placed in either a horizontal arrangement (e.g., commercial on ground floor with residential above) or a vertical arrangement either attached or detached within close proximity (e.g., commercial and residential buildings placed within 25- feet ofeach other). Regazdless of use, the ground floor of all buildings shall have a minimum clear ceiling height often tx~elve feet in order to allow flexibility of use. Shoreline Master Program DR-5.10.8 is hereby amended, and shall be read as follows: New or expanded structures outside of the Special Height Overlay District shall be limited to a maximum height of 33-feet 40_f~~1. SECTION 24. Severability. If any sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality ofany other section, sentence, clause or phrase or work of this ordinance. SECTION 25. Effective Date. A. Unless otherwise specified in subsection B, this Ordinance shall take effect immediately after passage if adopted by a majority plus one of the City Council. Otherwise this ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Publication of this ordinance shall be by summary thereof consisting of the title. B. For lands within shorelines jurisdiction, Sections 14, 15, 16, and 23 of this ordinance shall not take effect until the date on which these sections are approved by the Washington Department of Ecology (90.58.090 RCW and Section 19.05.160(B)PTMC). If Ecology does not approve these amendments in their entirety, then those portions approved by Ecology shall be effective, and the portions not approved by Ecology shall not apply to lands within shorelines jurisdiction. Page 27 Ordinance 2982 Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this fourth day of August, 2008. ~~iC. ~-c_ G`~p vv~ Michelle Sandoval, Mayor Atte~s}t: , _ ~l~Y W'--~-- Pamela Kolacy, MMC /Z~ City Clerk Approved as to Form: ~Z~~~ John P. Watts City Attorney Page 28 Ordinance 2982