HomeMy WebLinkAbout3026 Uniform Appeal ProcessOrdinance No. 3026
Administrative Procedures
Page I oft
Ordinance No. 3026
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
PROCEDURES IN PTMC CHAPTERS 1.14 -UNIFORM APPEAL
PROCEDURE, 2.14 -HEARING EXANIINER,17.46 COMMERCL~I,,
MULTIFAMILY, COTTAGE HOUSING DEVELOPMENTS, AND MIXED
USE ARCHITECTURAL AND SITE DESIGN REVIEW PROCESSES
19.04 - SEPA,19.05 -CRITICAL AREAS, 20.01- LAND DEVELOPMENT
ADMINISTRATIVE PROCEDURES AND 20.02 INTERPRETATION OF
LAND DEVELOPMENT CODES TO CHANGE APPEALS FROM THE
CITY COUNCIL TO THE HEARING EXAMINER, AND UPDATING
PROCESSES AND REMOVING OUTMODED REFERENCES.
RECITALS:
A. The City has since 1997 used a hearing examiner for certain land use proceedings, and the
process has proven effective and efficient.
B. City code currently provide for appeals of certain administrative decisions, including
decisions by the hearing examiner, involving land use, SEPA and code interpretations, to
the City Council
C. The City Manager recommends that the City Council utilize the City's hearing examiner
to hear all appeals. The hearing examiner provides professional and timely decisions, and
using the hearing examiner allows the Council to concentrate on policy making. Council
appeals can betime-consuming. Council appeals can create an appearance of political or
personal influence even where none exists. Use of the hearing examiner can also
potentially reduce City liability exposure through what should be more consistent and
legally-sustainable quasi judicial decisions using the hearing examiner.
D. The City's insurance authority, Washington Cities Insurance Authority (WCIA), recently
recommended to the City Manager that the City use the hearing examiner for land use
decisions and appeals to reduce liability exposure.
E. Based on the recommendation of the City Manager and WCIA, the City Council
detemunes to modify the administrative appeal process to provide that appeals that are
now heard by the City Council will be heard by the hearing examiner.
F. The City Council also determines to update processes and remove outmoded references,
as set forth in this ordinance.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
Ordinance No. 3026
Administrative Procedures
Page 2 of 2
SECTION 1. AMENDMENT. Port Townsend Municipal Code Chapters 1.14 -
UNIFORM APPEAL PROCEDURE, 2.14 -HEARING EXAMINER, 17.46
COMMERCIAL, MULTIFAMILY, COTTAGE HOUSING DEVELOPMENTS, AND
MIXED USE ARCHITECTURAL AND SITE DESIGN REVIEW PROCESSES, 19.04 -
SEPA,19.05 -CRITICAL AREAS, AND 20.02 INTERPRETATION OF LAND
DEVELOPMENT CODES, 20.01- LAND DEVELOPMENT ADMINISTRATIVE
PROCEDURES aze hereby amended to read as follows (text in strikeout is deleted, text in
underline is added, except code chapter or section numbers that aze underlined aze not new):
See attached Exhibits Al-6, incorporated by reference.
SECTION 2. SEVERABILITY. If any provision of this ordinance or its application to
any person or circumstance is held invalid, the remainder of the ordinance, or the application of
the provision to other persons or circumstances, is not affected.
This ordinance shall take effect and be in force five days after the date of its publication
in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this 19th day of July 2010.
~ ~ ~,~ ~~~
Michelle Sandoval, Mayor
Arrest
Pamela Kolacy, MM
City Clerk
Approved as to Form:
-~-~_-~
John P. Watts.
City Attorney
Exhlblt A-1
Chapter 1.14 Uniform Appeal Amendment
Page 1 of 3
Chapter 1.14
UNIFORM APPEAL PROCEDURE OF ADMINISTRATIVE DECISIONS OF
DEVELOPMENT SERVICES DEPARTMENT AND PUBLIC WORKS
DIRECTORS
Sections:
1. 14.010 Applicability.
1. 14.020 Definitions.
1. 14.030 Administrative appeal process.
1. 14.040 Standard of review.
1. 14.050 Judicial appeal
;1.14.010 Applicability.
This chapter and the procedure herein shall apply to the appeal of all
;administrative decisions, as defined in PTMC 1.14.020, made by the
!development services department (DSD) and public works directors of the city
!which may now or hereafter be provided for by ordinance of the city. All
.administrative decisions not spec~cally made appealable under this chapter shall
'ibe governed by Chapter 20.01 PTMC. (Ord. 2892 § 1, 2005; Ord. 2585 § 1,
;1997; Ord. 2506 § 1, 1996; Ord. 2275 § 1, 1991).
~I1.14.020 Definitions.
A. "Administrative decision," for the purposes of this chapter, shall mean the
';:following decisions:
1. All appealable Type I-A and Type II land use decisions as defined in
:Chapter 20.01 PTMC and as provided in applicable land use codes;
2 All SEPA threshold decisions as provided by Ch. 19.04 PTMC:
3~. All appealable decisions of the public works director as provided in
',PTMC Title 12;
4~. All appealable decisions of the public works director as provided in
;PTMC Title 13; and
S4. All decisions of the DSD director and the public works director in any
!code enforcement matter made appealable pursuant to Chapter 1.20 PTMC.
B. "Director" means the DSD director of the city, or his or her designee, or the
;public works director of the city, or his or her designee.
C. "Land use codes" includes PTMC Title 12, Transportation and Rights-of-
;Way; Title 13, Water, Sewer and Stormwater; Title 15, Fire; Title 16, Buildings
and Construction; Title 17, Zoning; Title 18, Land Division; and Title 19,
Environmental Protection.
D. "Hearing examiner" means the official appointed by the city council pursuant
o Chapter 2.14 PTMC to serve as the city's hearing examiner.9
. (Ord. 2952 § 1, 2008; Ord. 2892 § 1,
'2005; Ord. 2698 § 1, 1999; Ord. 2585 § 1, 1997; Ord. 2506 § 1, 1996; Ord. 2275
!§ 2, 1991).
Exhibit A-1
Chapter 1.14 Uniform Appeal Amendment
Page 2 of 3
:1.14.030 Administrative appeal process.
A. Appealable Decisions. Any applicant or any person who participated in an
appealable administrative decision as defined in PTMC 1.14.020 and as provided
fin applicable land use codes may appeal an appealable administrative decision
!of a director. Appeals shall be filed with the applicable department.
'! B. Content of Appeal. The appellant shall submit to the applicable
'.department a notice of appeal containing a concise statement identifying and
:including the following:
1. The decision being appealed;
2. The name and address of the appellant and his/her interest in the
!''~ matter;
3. The specfic reasons why the appellant believes the decision is
:wrong, identifying whether the perceived error is factual or legal in nature. If the
;appellant believes that the decision is legally erroneous, the appellant must
',clearly identify the legal errors, including citation to all applicable plans, codes
,and regulations;
4. The desired outcome or changes to the decision; and
5. The appeal fee in the amount set forth in Chapter 3.36 PTMC (for
';public works decisions) or Chapter 20.09 PTMC (for DSD decisions).
Any notice of appeal not in full compliance with this section shall not be
Lconsidered.
C. Time Limitation for Appeals. Any such appeal must be filed with the DSD
'or public works department no later than 14 calendar days following the date on
%which the administrative decision of the director was issued. For the purposes of
!this chapter, the date on which a land use decision is deemed "issued" is three
;days after a written decision is mailed by the city or, if not mailed, the date on
.:which the city provides notice that a written decision is publicly available.
D. Assignment of Appeal to Hearing Examiner -Scheduling of Hearing. The
'DSD or public works department shall transmit the statement of appeal to the city'.
:clerk, who shall schedule a hearing before the hearing examiner on the appeal
land cause notice of the hearing to be mailed to the applicant and to the appellant
I no later than 14 calendar days prior to the date of hearing. The notice shall be
'mailed by first class mail, postage fully prepaid, and proof of mailing shall be by
'affidavft or declaration under penalty of perjury of the person mailing the same.
E. Conduct of Hearing -Decision of Hearing Examiner. During the hearing,
the hearing examiner shall consider the record of the decision of the director,
;together with any and all information relied upon by the director in making its
'decision. The hearing examiner shall also consider testimony at the hearing and
any other written submissions made at or prior to the appeal hearing. Following
'.the hearing, the hearing examiner shall make a written decision either affirming,
reversing or modifying the decision of the director. The hearing examiner shall
!make findings of fact and conclusions in support of the decision. The hearing
'!examiner's decision shall represent the final decision of the city.
F. Hearing Examiner Decision -When Issued. The hearing examiner's
"decision shall be issued not more than 14 calendar days after the hearing;
;provided, however, in the event the hearing examiner is unable to issue the
Exhibit A-1
Chapter 1.14 Uniform Appeal Amendment
Page 3 of 3
jdecision within the 14-day period, prior to the expiration if the 14-day period the
hearing examiner shall mail (by regular mail) a notification to all parties of record
';advising the parties of the delay and stating the date when the hearing examiner
jwill issue the decision. Delay in issuance of the hearing examiner's decision shall
'not be grounds for reversal. (Ord. 2892 § 1, 2005; Ord. 2585 § 1, 1997; Ord.
!2506 § 1, 1996; Ord. 2275 § 3, 1991).
1.14.040 Standard of review.
During all appeal hearings subject to this chapter, the appellant shall cany the
;burden of proof. The hearing examiner shall reverse or modify the administrative
!decision of the director only upon the appellant demonstrating that the decision
appealed was clearly erroneous and/or contrary to law. In making this decision,
!in reviewing discretionary decisions and issues of code interpretation and
!application, the hearing examiner shall accord substantial deference to the
;special expertise of the director as an official charged with administering city
:plans, ordinances and codes. (Ord. 2585 § 1, 1997).
!1.14.050 Judicial appeal.
', Any judicial appeal of the hearing examiner's decision must be filed and served
'iwkhin 21 calendar days of the issuance of the land use decision, as further set
forth in Chapter 36.70C RCW. (Ord. 2585 § 1, 1997).
Exhibit A-2
Chapter 2.14 Hearing Examiner Amendment
Page 1 of 3
Chapter 2.14
HEARING EXAMINER
:,,Sections:
__ _
2.14.010 Purpose.
'2.14.020 Position established.
.2.14.030 Appointment.
'2.14,040 Appointment of hearing examiners pro tempore.
!2.14.050 Function and jurisdiction.
"2.14.060 Authority of hearing examiner over local improvement districts
(LIDs).
2.14.070 Hearing examiner -Conflict of interest and freedom from improper
influence.
'2.14.080 Rules of procedure.
112.14.010 Purpose.
The purpose of this chapter is to provide an administrative appeal and hearing
!system which will best satisfy the following basic needs:
A. The need to separate the city's land use appeal function in certain types of
permits from its land use planning function;
B. The need to ensure and expand the principles of fairness and due process
'in public appeal hearings;
C. The need to provide an expeditious system for appeals of city land use code
enforcement actions which ensures the due process rights of appellants and
'affected residents; and
D. The need to provide an efficient and effective administrative appeal system
for certain types of permits and actions. (Ord. 2584 § 1, 1997).
'2.14.020 Position established.
Pursuant to RCW 35A.63.170, the position of hearing examiner ("examiner°) is
'hereby created. The role of the examiner shall be to conduct appeals hearings
sand to interpret, review, and implement regulations as provided in this chapter.
'Unless the context requires otherwise, the term "hearing examiner" used in this
!chapter shall include hearing examiners pro tempore. The office of the examiner
'shall be under the administrative supervision of the examiner and shall be
,separate and distinct from any city officer or department. (Ord. 2584 § 1, 1997).
2.14.030 Appointment.
A. The hearing examiner shall be appointed by the city council with regard only
'for qualifications for the duties of the office.
B. The quaycations for the office of the hearing examiner are expertise in land
-:use law and planning and the training and experience necessary to conduct
administrative orquasi-judicial hearings and issue decisions and
'recommendations on land use planning and regulatory matters.
Exnn;ra-z
Chapter 2.14 Hearing Examiner Amendment
Page 2 of 3
C. The hearing examiner shall be retained as an independent contractor
pursuant to a contract approved by the city council. The term of appointment,
compensation and other requirements shall be as established pursuant to
contract. (Ord. 2584 § 1, 1997).
II2.14.040 Appointment of hearing examiners pro tempore.
The city council may appoint one or more hearing examiners pro tempore to
fact prior to the appointment of and/or in the absence of the regular hearing
'examiner. Such appointment shall be from qualified applicants. Hearing
examiners pro tempore, when acting in such capacity, shall have all powers and
.duties of the hearing examiner as prescribed in this code or elsewhere. (Ord.
'.2584 § 1, 1997).
'2.14.050 Function and jurisdiction.
The hearing examiner shall hear and decide the following matters:
A. Appeals of all administrative decisions as defined in PTMC 1.14.020;
B. Local improvement district hearings as provided herein,provided. the city
''council may select a hearing examiner aro tempore who is a specialist or expert
in local improvement districts for such hearings;
C. Appeals of declarations of dogs as dangerous as provided in PTMC
8.04.272;
D. All Type III land use decision
and
'2.14.060 Authority of hearing examiner over local improvement districts
j(L1Ds).
The authority and responsibility of the city council as legislative authority to
I, hold hearings for the establishment and assessment of local improvement
'districts, as provided in RCW 35.43.140 and 35.44.070, is delegated to the
hearing examiner. Specifically, the hearing examiner is authorized and directed
'to:
A. Hold all required hearings on the formation of a local improvement district
initiated by resolution and issue a recommendation to the city council to:
1. Form or not form the district; or
2. Add property to or delete property from the district;
B. Hold all required hearings pertaining to the following:
1. The assessment roll for a local improvement district and to confirm,
(correct, revise, raise, lower, change, or modify the roll, or any part thereof, or to
'set aside the roll and order the assessment to be made anew; and
Exhf6it A-2
Chapter2.f4Hearing ExaminerAmendmenf
Page 3 of 3
2. Any assessment upon the roll that is raised or changed to include
'.omitted property. (Ord. 2584 § 1, 1997).
',2.14.070 Hearing examiner -Conflict of interest and freedom from improper
'influence.
A. The examiner shall not conduct or participate in any hearing or decision in
which the examiner has a direct or substantial financial interest.
B. The examiner shall not be an elected or appointed official or employee of
'the city.
C. No councilmember, city official, or any other person shall attempt to
'influence or in any way interfere with the examiner in the performance of his or
',her designated duties. (Ord. 2584 § 1, 1997).
.2.14.080 Rules of procedure.
The hearing examiner shall be authorized to adopt rules of procedure. Such
rules shall be confirmed by the city council by resolution. Such rules shall be
consistent with PTMC 20.01.240, "Procedures for public hearings." (Ord. 2584
'§ 1, 1997).
Exhibit A•3
Chapter 19.04 - SEPA -Amendments
Page 1 of 9
Chapter 19.04
STATE ENVIRONMENTAL POLICY ACT'-
Sections:
Article I. General Provisions
'.19.04.010 Authority.
'.19.04.020 Definitions.
.19.04.030 Additional definitions.
Article H. General Requirements
19.04.040 Adoption by reference.
".19.04.050 Designation of responsible official -Responsibilities.
19.04.060 Transfer of lead agency status to a state agency.
19.04.070 Timing of environmental review process.
Article III. Categorical Exemptions and. Threshold Determination
;19.04.080 Adoption by reference and categorical exemption for dwelling
units.
19.04.090 Use of exemptions.
'':19.04.095 Planned actions.
'.19.04.100 Environmental checklist.
19.04.110 Threshold determination.
i 19.04.120 Mitigated determination of nonsignificance (MDNS).
',19.04.125 Optional DNS process.
'. Article IV. Environmental Impact Statements (EIS)
'~ 19.04.130 Adoption by reference.
'!'~ 19.04.140 EIS preparation -Additional considerations.
119.04.150 Relationship of EIS to other considerations.
i 19.04.160 When environmental review has previously been completed.
Article V. Environmentally Sensitive Areas (ESA)
"19.04.170 Defined.
19.04.180 Environmentally sensitive area goals and policies.
.19.04.190 Environmentally sensitive area determination.
19.04.200 .Categorically exempt determination.
ExhibH A-3
Chapter 19.04 -SEPA -Amendments
Page 2 of 9
Article VI. Commenting ___
:19.04.210 Adoption by reference.
19.04.220 Public notice.
'.19.04.230 Designated official to perform consulted agency responsibilities.
119.04.240 Public meetings under WAC 197-11-535(2).
Article VII. SEPA Decision Making Authority, Use of Existing Documents and
Appeals
19.04.250 Adoption by reference.
';19.04.260 Substantive authority.
;19.04.270 Cumulative effects policy.
19.04.280 Appeals.
Article VIII. Fees, Violations, Penalties and Severability
,19.04.290 Fees.
'.19.04.300 Violations and penalties.
Exhibit A-3
Chapter 19.04 - SEPA -Amendments
Page 3 of 9
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Exhibit A-3
Chapter 19.04 -SEPA -Amendments
Page 4 of 9
!.19.04.220 Public notice.
'! 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
i;required for Type I project permits that are categorically exempt under SEPA,
unless a public comment period or an open record predecision hearing is
;required.
2. Notice of Application Requirements for Types I, II and III Projects
':Subject to SEPA. For Types I, II and III projects, notice of the SEPA pending
tthreshold determination or the availability of the final environmental impact
,',statement shall be provided in conjunction with the notice of application for
;permits which require SEPA review, as set forth in the public notice provisions of
!PTMC 20.01.150 through 20.01.180.
'! B. Notice Requirements for Threshold Determination.
1. Timing of Threshold Determination.
a. The city may not issue a threshold determination for Types I, II or
;III projects, except a determination of significance, until the expiration of the
jpublic comment period on the notice of application.
b. Notice of the SEPA threshold environmental determination for
nonproject actions (Type V actions) shall be provided in conjunction with
;notification of the earliest hearing (e.g., planning commission).
2. Content of Notice -Comment Period. Whenever a DNS under WAC
197-11-340(2) or a DS under WAC 197-11-360(3) is issued, public notice shall
be given by the city as follows: in addition to the notice of application, the city
(shall provide notice stating whether a DS, MDNS or DNS has been issued and
',when comments are due. The public comment period for SEPA threshold
,determinations is 15 calendar days. or within 21 calendar days if a SEPA
',permit decision .The responsible official may extend the comment period where
!a proposal has been modified substantially or information has been
!misrepresented or withheld in the checklist.
3. DNS and MDNS Notice Requirements. Notice of the DNS or MDNS
!shall be given by publishing notice in a newspaper of general circulation in the
:county, city, or general area where the proposal is located. For those proposals
;listed in WAC 197-11-360(2)(a), the responsible official shall send the DNS or
:MDNS and environmental checklist to agencies with jurisdiction, the department
iof ecology, and affected tribes, and each local agency or political subdivision
:whose public services would be changed as a result of implementation of the
;proposal.
', C. Additional Notice Requirements for a Determination of Significance.
Exhibit A-3
Chapter 19.04 - SEPA -Amendments
Page 5 of 9
1. scoping Procedure. Whenever a DS issued under WAC 197-11-
360(3), the scoping procedure for the proposal shall be stated in the DS as
...required in WAC 197-11-408 and in the public notice, and as further set forth in
PTMC 19.04.140. If a determination of significance has been made prior to or
"concurrently with the notice of application, the scoping notice shall be combined
!:with the notice of application; provided, however, the responsible official may
Tissue the scoping notice and the determination of significance prior to the notice
!of application.
2. For project actions requiring the preparation of an EIS, the
:,determination of significance and scoping notice shall be mailed by first class
!mail to the applicant and property owner ('rf different from the applicant). Those
;parties who have submitted written comments on the project, excluding those
iwho sign petitions or mechanically provided form letters, shall receive notice of
'the draft and final EISs.
3. Notice of DEIS or SETS Availability. Whenever a DEIS is issued under
';WAC 197-113355(5) or a SE1S under WAC 197-11-620, notice of the availability
of those documents shall be given by indicating the availability of the DEIS in any
I,public notice required for a nonexempt license or permit and using at least one of
;the following methods:
a. Posting the property, for site-specific proposals;
b. Publishing notice in a newspaper of general circulation in the
'.county, city or general area where the proposal is located;
c. Notifying public or private groups which have expressed interest in
!a certain proposal or in the type of proposal being considered;
d. Notifying the news media;
e. Placing notices in appropriate regional, neighborhood, ethnic or
trade journals;
f. Publishing notice in agency newsletters and/or sending notice to
!agency mailing lists;
g. Any other reasonable method deemed appropriate by the
'responsible official.
D. Integrated Notice and Permitting Procedures. Whenever possible, the city
'shall integrate the public notice required under this section with existing notice
;procedures for the city's nonexempt permit(s) or approval(s) required for the
;proposal, consistent with Chapter 20.01 PTMC.
E. Cost of Notification for Additional Notices. For all notices not covered by the
;permit application fees set forth in Chapter 20.09 PTMC, the city will require the
,applicant to complete the public notice requirements for the proposal at his or her
;expense. (Ord. 2982 § 17, 2008; Ord. 2892 § 1, 2005; Ord. 2534 § 1, 1996; Ord.
12367 § 6, 1993).
Exhibit A-3
Chapter f 9.04 - SEPA -Amendments
Page 6 of 9
19.04.280 Appeals.
A. Appeal of a Threshold Determination for Types I~aad II, and III Permits -
Open Record Hearing. The decision of the responsible official on Types I,aad II,
and III permits making a threshold determination of nonsignificance, approving a
proposal subject to conditions, or denying a proposal under SEPA's substantive
authority may be appealed to the Hearino Examiner for an open record aublic
.Any such
asst shall be consolidated with the eeaasil decision on the underlying
Any remands or requests for reconsideration shall be governed by PTMC'
60 and 20.01.270.
BG. Appeals of Threshold Determinations for Type V Actions. The decision of
!the responsible official on Type V actions may be appealed to the Citv Council
and the appeal should be consolidated with the decision on the underlvina
Inrnnne~l ~ s..u.....~•
;provided, however, the responsible official has the discretion to schedule a
iseparate hearing to hear such appeals;
ExhibitA-3
Chapter J 9.04 -SEPA -Amendments
Page 7 of 9
.,
.,
C9. Limitations on Appeals for All Types of Permits. When a threshold
;determination results in a determination of significance (DS) it shall not be
!appealable. In addition, issues relating to the adequacy of the EIS and other
;procedural issues may not be appealed under this section.
D.E. Who May Appeal. An applicant or other party of record who may be
jaggrieved by the responsible official's determination may appeal the decision as
;provided in this section; provided, however, a person may appeal only if they
"'have previously filed written comments to either the pending or threshold
(determination or on the underlying project. The term "aggrieved party" shall have
';the meaning set forth in PTMC 20.01.010.
E~. Time to Appeal Administrative Decision. A written statement appealing the
;threshold determination of the responsible official must be filed with the DSD
within 15 calendar days of the date of publication of the threshold determination
or, if there is a 15-day comment period under WAC 197-11-340, by 4:00 p.m. of
(!the last day of the comment period, except that the appeal period shall be 21
calendar days if a SEPA determination of nonsignificance is issued concurrently
',with and as part of the permit decision. When the last day of the appeal period so
'computed is a Saturday, Sunday or legal holiday, the comment period shall run
to the next business day. The notice of appeal shall be delivered to DSD by mail
'or personal delivery, and must be received by 4:00 p.m. on the last business day
;of the appeal period, with the required appeal fee.
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ExhJbit A-3
Chapter 19.04 - SEPA -Amendments
Page 8 of 9
.. __
,
• ,
F.6. Judicial Appeals. Pursuant to RCW 43.21 C.075, if there is a time period
f#or appealing the underlying permit action, appeals under this chapter shall be
'commenced within such time period. The city shall give official notice stating the
'.date and place for commencing an appeal. For all decisions covered by the Land
'Use Petition Act, Chapter 36.70C RCW, this time period shall be 21 days from
',the issuance of the land use decision, as defined by RCW 36.70C.040(4).
1. Optional Limitation Period. tf there is no time period for appealing the
'underlying government action, the city, applicant for or proponent of an action
:.may use a notice of action pursuant to RCW 43.21 C.075 and 43.21C.080. The
':notice shall describe the action and state a time limitation for commencing a
'challenge to that action. The form of the notice shall be substantially in the form
iprovided in WAC 197-11-990. The notice shall be published by the department,
Exhibit A-3
Chapter 19.04 - SEPA -Amendments
Page 9 of 9
applicant or proponent pursuant to RCW 43.21C.080, and any action to set
';aside, enjoin review or otherwise challenge any such governmental action or
;subsequent governmental action for which a notice of action is filed and
';published under this section shall be commenced within 21 days from the date of
''the last newspaper publication of the notice pursuant to RCW 43.21 C.080.
GM. Exemption. This section does not apply to decisions made pursuant to
;Chapter 90.58 RCW, the Shoreline Management Act, or the Shoreline Master
Program.
' ._ (Ord. 2892 § 1, 2005; Ord. 2703 § 2,
1999; Ord. 2534§ 1, 1996; Ord. 2431 § 5, 1994; Ord. 2367 § 7, 1993).
Exhibit A-4
Chapter 20.01-Admin Procedures Amendments
Page 1 of 30
Chapter 20.01
LAND DEVELOPMENT ADMINISTRATIVE PROCEDURES
;Sections:
Article I. Types of Project Permit Applications
'20.01 .010 Purpose and definitions.
':20.01 .020 Procedures for processing development project permits.
:20.01.030 Determination of proper type of procedure.
120.01.040 Project permit application framework.
'20.01 .045 Reserved.
!20.01 .050 Joint public hearings (other public agency hearings).
'20.01 .060 Legislative decisions.
'20.01 .070 Legislative enactments not restricted.
'20.01 .080 Exemptions from project permit application processing.
Article II. Type I - IV Project Permit Applications
20.01 .090 Preapplication conference.
'20.01 .100 Development permit application.
:20.01 .110 Submission and acceptance of application -Determination of
completeness -Additional information and project revisions.
:20.01 .120 Referral and review of development permit applications.
':.20.01 .130 Scope of project review.
120.01 .140 Project consistency..
Article III. Public Notice
'20.01 .150 Notice of application.
';20.01 .160 Methods of public notice of application.
:20.01 .170 Shoreline master program (SMP) permits.
:20.01 .180 Optional additional public notice.
1:20.01 .190 Notice of public hearing.
Article IV. Project Review and Approval Process
20.01.200 Administrative approvals without notice (Type I).
20.01.210 Administrative approvals subject to notice (Type II).
20.01.220 Reserved.
120.01.230 City council action.
`20.01.235 Hearing examiner review and decision (Type III).
'20.01.240 Procedures for public hearings.
;20.01.250 Procedures for closed record hearings and appeals.
Exhibit A-4
Chapter 20.01-Admin Procedures Amendments
Page 2 of 30
20.01.260 Reconsideration.
'20.01.270 Remand.
',20.01.280 Final decision -Exclusions to 120-day deadline.
Article V. Appeals
20.01.290 Appeal of administrative interpretations and approvals (Type (and
II).
:20.01.300 Appeal of planning commission recommendations (Type V) and
hearing examiner decisions (Type III) -Standing to appeal.
`..20.01.310 Appeals -Procedure.
~I20.01.320 Judicial appeal.
',20.01.330 Effective date - Severability.
Article I. Types of Project Permit Applications
'20.01.010 Purpose and definitions.
A. Purpose. In enacting this chapter, the city council intends to establish a
mechanism for implementing the provisions of Chapter 36.706 RCW (the
Regulatory Reform Act) regarding compliance, conformity, and consistency of
';proposed projects with the city's adopted comprehensive plan and development
j regulations. In order to achieve this purpose, the city council finds that:
1. Given the extensive investment that public agencies and a broad
;spectrum of the public are making and will continue to make in the Port
'Townsend's comprehensive plan and development regulations, it is essential that
project review start from the fundamental land use planning choices made in the
'comprehensive plan and regulations. If the applicable regulations or plan identify
!the type of land use, specify residential density, and identify and provide for
'funding of public facilities needed to serve the proposed development and site,
tthese decisions at minimum provide the foundation for further project review
;unless there is a question of code interpretation. The project review process,
'including the environmental review process under Chapter 43.21 C RCW and the
'consideration of consistency, should start from this point and should not
'reanalyze these land use planning decisions in making a permit decision, unless
:the city finds that the plan and development regulations do not fully foresee site-
specific issues and impacts identified through land use project application review.
2. Comprehensive plans and development regulations adopted by the city
;under Chapter 36.70A RCW (the Growth Management Act), subarea plans, and
',environmental policies, laws and rules adopted by the city, the state, and the
'.federal government address a wide range of environmental subjects and
;impacts. These provisions typically require environmental studies and contain
;specific standards to address various impacts associated with a proposed
'.development, such as building size and location, drainage, transportation
;requirements, and protection of environmentally sensitive areas. When the city
;applies these existing requirements to a proposed project, some or all of a
;project's potential environmental impacts may be avoided or otherwise mitigated.
Exhibit A-4
Chapter 20.01-Admin Procedures Amendments
Page 3 or30
'.Through the integrated project review process described in this chapter, the
!director of the development services department (DSD) will determine whether
!existing requirements, including the applicable regulations or plans, adequately
':analyze and address a project's environmental impacts. Project review generally
!should not require additional studies and mitigation under Chapter 43.21 C RCW
:where existing regulations adequately address a proposed project's probable
;significant adverse environmental impacts. Development regulations generally
:enable project review through the application of established scientific standards,
'required studies and standard mitigation measures.
B. Definitions. The following definitions shall apply throughout this chapter:
1. "Aggrieved party" is a party of record who can demonstrate the
'following: (a) the land use decision will prejudice the person; (b) the asserted
'interests are among those the city is required by city code to consider in making
a land use decision; and (c) a decision on appeal in favor of the person would
substantially eliminate or redress the prejudice alleged to be caused by the land
:use decision.
2. "DSD" means the city of Port Townsend development services
;department.
3. "Closed record hearing" means an administrative closed record hearing
:before the city council based upon the record following an open record hearing
on site-specific rezone. .The hearing is on the record
:with no new evidence or information allowed to be submitted. ,
' ' tThe council may allow argument based upon the record
.established at the open record hearing.
4. Days. All days shall be calendar days. Days shall be measured
.successively. Should the end of a specified time period fall on a weekend or
`holiday, the end of the next successive business day shall be considered to be
the effective end date. In the event of a conflict with other methods of measuring
'days within the PTMC, the provision of this subsection shall prevail. End of the
;day shall be 4:00 p.m.
5. "Director" shall mean the DSD director or his/her designee.
6. Effective Date of Decisions. All preliminary and final decisions shall be
:effective on the date stated in PTMC 20.01.280(8).
7. Effective Date of Notices. All notices provided to applicants and any
'members of the public shall be effective on the date deposited in the mail and
:when first published or posted on properties.
8. "HPC" means the historic preservation committee, as provided in
Chapter 2.72 PTMC.
9. "Open record hearing" means a hearing, conducted by a single hearing
:body or officer, that creates the record through testimony and submission of
;evidence and information. An open record hearing may be held prior to a
;decision on a project permit to be known as an "open record predecision
hearing." An open record hearing may be held on an appeal, to be known as an
'"open record appeal hearing," if no open record predecision hearing has been
'held on the project permit.
Exhibit A-4
Chapter 20.01-Admin Procedures Amendments
Page 4 of 30
10. "Party of record" or "Parties of record" means the land use permit
applicant, persons who have testified at or provided written comments for an
open record hearing, and any persons who have submitted written comments
concerning the application during the review process before the final decision
'(excluding persons who only signed petitions or mechanically produced form
!letters).
11. "Project permit" or "project permit application" means any land use or
'environmental permit or license required from the city for a project action,
'including but not limited to subdivisions, planned unit developments, conditional
uses, shoreline substantial development permits, permits or approvals required
by the critical areas ordinance (Chapter 19.05 PTMC), site-specific rezones
:authorized by the Port Townsend comprehensive plan or a formally adopted
:subarea plan, but excluding the adoption or amendment of the Port Townsend
:Comprehensive Plan, a subarea plan, or development regulations except as
otherwise specifically included in this subsection.
12. "Public meeting" means an informal meeting, hearing, workshop, or
'other public gathering of people to obtain comments from the public or other
'agencies on a proposed project permit prior to a decision. A public meeting may
',include, but is not limited to, a historic preservation committee (HPC) meeting, a
'special review district or community council meeting, or a scoping meeting on a
'-draft environmental impact statement. A public meeting does not include an open
:record hearing. The proceedings at a public meeting may be recorded and a
:report or recommendation may be included in the local government's project
'permit application file. (Ord. 2939 § 6, 2007; Ord. 2892 § 1, 2005; Ord. 2762 § 1,
!2001; Ord. 2521 § 1, 1996).
'20.01.020 Procedures for processing development project permits.
For the purpose of project permit processing, all development permit
',applications shall be classified as one of the following: Type I, Type II, Type III or
Type IV. Legislative decisions are Type V actions, and are addressed in PTMC
', 20.01.060. Exemptions from the requirements of project permit application
'.processing are contained in PTMC 20.01.080. (Ord. 2762 § 1, 2001; Ord. 2521 §
1, 1996).
:20.01.030 Determination of proper type of procedure.
A. Determination 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
'fi#avor of the higher procedure type number. If the provisions found in this chapter
'are in conflict with any other section of the land use codes (PTMC Titles 17, 18,
j 1_9 and 20), then this section shall prevail.
B. Optional Consolidated Permit Processing. An application that involves two
'or more procedures may be processed collectively under the highest numbered
;procedure required for any part of the application or processed individually under
Exhibif A-4
Chapter 20.01-Admin Procedures Amendments
Page 5 of 30
':each of the procedures identified by the code. The applicant may determine
whether the application shall be processed collectively or individually. If the
application is processed under the individual procedure option, the highest
'numbered type procedure must be processed prior to the subsequent lower
:'numbered procedure.
C. Decisionmaker(s). Applications processed in accordance with subsection B
of this section which have the same highest numbered procedure but are
assigned different hearing bodies shall be heard collectively by the highest
decisionmaker(s). The city council is the highest, followed by the plaaaiag
yissiea-eFhearing examiner, as~plisabl~ and then the director. Joint
;public hearings with other agencies shall be processed according to PTMC
----
D. Administrator. Upon issuance of a determination of completeness described
in PTMC 20.01.110, the director shall assign an administrator to the project who
will coordinate and be responsible for all phases of development application
:administration. At any stage during project review the director may assign a
:different project administrator.
E. SEPA Review. Project review conducted pursuant to the State
:Environmental Policy Act (SEPA), Chapter43.21C RCW, shall occur
:concurrently with project review set forth in this chapter. The SEPA review
process, including all public comment procedures, is set forth in Chapter 19.04
;PTMC. Nothing contained in this chapter shall be construed to restrict the need
;for full environmental review in accordance with Chapters 19.04 (SEPA) and
19.05 (Critical Areas) PTMC. (Ord. 2982 § 17, 2008; Ord. 2892 § 1, 2005; Ord.
',2762 § 1, 2001; Ord. 2651 § 2, 1998; Ord. 2592 § 1, 1997; Ord. 2521 § 1, 1996).
20.01.040 Project permit application framework. These tables provide guidance to permit applications.
Table 1 -Permits/Decisions
Type I' Type I-A Type II Type III Type IV Type V
Permitted uses Binding site Short Preliminary full Final plats a Site-specific
not requiring plans subdivisions subdivisions; plat rezones2
notice of vacations, including consistent with
application (e.g., short subdivisions that the Port
building permits, involve right-of-way Townsend
etc.) vacations or plat Comprehensive
alteretions Plan, induding
&-Ilfsettage R-II and III R-Ilmajor CUP cottage rezones
considered in
treusing cottage housing developments conjunction with
developments housing the annual
developments comprehensive
plan
amendment
process
Lot line 6-I~aa9 Lot line Recognition/subdivision Final planned Development
adjustments mixed-use adjustments of 10 or more lots of unit regulations
zeaiag district resulting in lot record developments
design-review
desisiens reorientation (PUDs) a
Exhibit A-4
Chapter 20.01-Admin Procedures Amendments
Page 6 of 30
Minor Historic Plat and short Shoreline management Zoning teM
amendments to preservation plat permits (major shoreline amendments
planned unit certificates of eMensions substantial and zoning map
developments approval development permits, amendments
(PUDs) (design conditional use permits,
review) variances)
Minor AAultigle-family Revisions to PUDs and major Annexations
modifications to develepmea4 shoreline amendments to PUDs
approved Hermits management
preliminary short Commercial. permits
and full multifamily. Commercial.
subdivisions/plats and mixed multifamily.
use TvoelA cottage and
permits per mixed use
ch. 17.46 Tvpe II
permits per
ch. 17.46
Sign permits Recognition/ Critical areas Major variances Shoreline
certification of permits master program
9 or fewer lots (SMP)
of record amendments
Temporary uses Minor Major CUPS Other land use
variances and utility plans
and
amendments
Street use Minor
permits Shoreline conditional
exemptions use permits
(CUPS)
Land Tree removal All personal All personal wireless
clearing/grading activity wireless service facility permits
combined with facility permits and major variances
statement of and minor described as Type III
intent not to variances permit applications in
convert described as Chapter 17.78 PTMC
commercial Type II permit
forest lands, applications in
Chapter 19.06 Chapter 17.78
PTMC, Article
I I PTMC
Home Tree removal Tree removal
occupations activity activity
requiring a classified as a
written tree
exemption, conservation
Chapter19.06 permit
PTMC, Tree approval,
Conservation, Chapter 19.06
Article II PTMC, Article
I I
Minor criticel area Minor Minor
ep rmits modfiptions shoreline
Shereline to approved permits (minor
exeraptiens tree shoreline
Street conservation substantial
development Permits or tree development
Exhibit A-4
Chapter 20.01-Admin Procedures Amendments
Page 7 of 30
permits conservation permits, minor
plans, conditional
Chapter 19.06 use permits,
PTMC, Tree minor
Conservation variances)
' Assignment of a project to Type band I-A o~ll status shall not limit or restrict the public notice and
procedures available pursuant to Chapter 43.21 C RCW (SEPA) and Chapter 19_04 PTMC if a project is
deemed to be subject to SEPA review.
z Pursuant to regulatory reform (RCW 36.70B.060), site-specific rezones authorized by a comprehensive
plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan processed as a
Type V application with a notice of application and provided only one open record hearing before the
planning commission and one closed hearing before the city council. Certain legislative decisions, including
site-specific rezones, are subject to rules governing quasi-judicial proceedings.
3 Final plats and foal PUD clans are approved by the Citv Council pursuant to PTMC 1S 16 150 and PTMC
17.32.150.
Table 2 -Action Type
Procedure Project Permit Applications (Type I - IV) Legislative
Type I Type I-A Type II Type III ~Ve Type V
Notice of No° No° Yes Yes No N!A
application:
Recommendation N!A NIA N/A DSD NIA Planning
made by: director/Shoreline commission,
administrators exceptfor utility
plans'
Final decision Admin. DSD director DSD Hearing City City council
made by: directorlShoreline examiner council
administrators
Open record No Only if Only if director's Yes, before No Yes, before
public hearing: director's decision is hearing examiner planning
decision is appealeds commission to
appealed (by make
applicant recommendation
only unless to city council,
the except for utility
development plans, and before
code city council for
roviD deS for code and
anan appeaD comprehensive
plan revisions '
Administrative Pte Yes, open Yes, open record NoXes~ slesed N/A N/A
appeal: Yes record before the reserd-befere~i4y
open before the hearing examiner seuasi4
record hearing
before examiner
the
hearing
examiner
Judicial appeal: Yes Yes Yess Yess Yes Yes; provided,
that all
administrative
appeal remedies
have been
exhausted,
including appeals
Exhibit A-4
Chapter 20.01-Admin Procedures Amendments
Page 8 of 30
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 record public hearing(s) on all such plans. At the time of consideration by the full
city council, the aoolicable council pub4is~werks committee, as directed by councih 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: Pursuant to regulatory reform (RCW 36.706.060), site-specific rezones authorized by a
comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan
are processed as a Type V application with a notice of application and provided only one open record
hearing before the planning commission and one dosed record hearing before the city council. Certain
legislative decisions, including site-specific rezones, are subject to rules governing quasi-judicial
'.. proceedings.
Footnote 34: A notice of application shall not be required for Type I project permits that are categorically
exempt from SEPA, unless a public comment period or an open record predecision hearing is required
(See PTMC 20.01.150(A)).
'Footnote 65: After the decisionmaker has made a final derision on a shoreline conditional use or shoreline
variance the decision shall be forwarded to the Department of Ecology for its approval, approval with
conditions, or denial. For appeals of shoreline permits, see Section 10.15 of the City of Port Townsend
Shoreline Master Program.
Footnote 76: See PTMC 17.30.130 for aooeals of cert'fiiptes of aooroval.
Summary of Decisionmaking
Type I -Administrative without notice; no administrative appeal.
Type I-A-Administrative without notice; administrative appeal by the applicant
:only (unless the development code provides for an appeal); appealable to the
:hearing examiner.
Type II -Administrative with notice, administrative appealable by any
!aggrieved party to the hearing examiner.
', Type III -Hearing examiner review. Notice and open record public hearing
'before the hearing examiner. Hearing examiner makes the final decision °~~~~^*
;appeal to suaerior court.
', Type IV -Decision by city council during regular council meeting.
Exhibit A-4
Chapter 20.0! -Admin Procedures Amendments
Page 9 of 30
Type V -Except for utility plans as described in this section, notice and public
'hearing before planning commission, with planning commission recommendation
o city council. City council also provides notice and public hearing before making
:final legislative decision.
(See Article IV, PTMC 20.01.200 through 20.01.280 for detailed description of
;project review and approval process.) (Ord. 2982 §§ 17, 20, 22, 2008; Ord. 2892
§ 1, 2005; Ord. 2864 § 5(Exh. D § 3), 2004; Ord. 2837 § 2(Exh. B § 16), 2003;
-.Ord. 2811 § 10, 2002; Ord. 2778 § 3, 2001; Ord. 2762 § 1, 2001; Ord. 2699 § 1,
'.1999; Ord. 2651 § 3, 1998; Ord. 2634 § 1, 1998; Ord. 2592, § 6, 1997; Ord. 2521
',§ 1, 1996).
'..20.01.045 Reserved.
(Ord. 2762 § 1, 2001; Ord. 2651 § 4, 1998).
'20.01.050 Joint public hearings (other public agency hearings).
A. Administrator's Decision to Hold Joint Hearing. The administrator may
',combine any public hearing on a project permit application with any hearing that
!may be held by another local, state, regional, federal, or other agency, on the
!proposed action, as long as: (1) the hearing is held within the city limits; and (2)
',the requirements of subsection C of this section are met.
', B. Applicant's Request for a Joint Hearing. The applicant may request that the
;public hearing on a permit application be combined as long as the joint hearing
'can be held within the time periods set forth in this chapter. In the alternative, the
';applicant may agree to a particular schedule if additional time is needed in order
!to complete the hearings.
C. Prerequisite to Joint Public Hearing. A joint public hearing may be held with
'another local, state, regional, federal or other agency and the city, as long as:
1. The other agency is not expressly prohibited by statute from doing so;
2. Sufficient notice of the hearing is given to meet each of the agencies'
;adopted notice requirements as set forth in statute, ordinance, or rule; and
', 3. The agency has received the necessary information about the
'proposed project from the applicant in enough time to hold its hearing at the
'.same time as the local government hearing. (Ord. 2762 § 1, 2001; Ord. 2521 § 1,
'' 1996).
20.01.060 Legislative decisions.
A. Decision. The following decisions are legislative, and are not subject to the
procedures in this chapter, unless otherwise specified:
1. Zoning code text, development regulations and zoning district
amendments;
2. Area-wide rezones to implement city policies contained within the Port
Townsend Comprehensive Plan and any amendments thereto;
3. Adoption of the Port Townsend Comprehensive Plan and any plan
amendments;
4. Annexations;
5. Shoreline master program (SMP) amendments; and
Exhibif A-4
Chapter 20.01-Admin Procedures Amendments
Page 70 of 30
6. All other master land use and utility plans and amendments thereto.
', B. Except as otherwise provided in this chapter, the administrative procedures
##or the legislative decisions specified in this section are set forth in Chapter 20.04
!PTMC. (Ord. 2762 § 1, 2001; Ord. 2634 § 2, 1998; Ord. 2521 § 1, 1996).
''.20.01.070 Legislative enactments not restricted.
Nothing in this chapter or the permit processing procedures shall limit the
'authority of the city to make changes to the Port Townsend Comprehensive Plan
as part of an annual revision process, the city's development regulations, or to
':undertake any other legislative actions. (Ord. 2762 § 1, 2001; Ord. 2521 § 1,
',1996).
':..20.01.080 Exemptions from project permit application processing.
A. Whenever a permit or approval in the Port Townsend Municipal Code has
(been designated as a Type I, II, III or IV permit, the procedures in this title shall
Vibe followed in project permit processing. The following permits or approvals are
jspecifically excluded from the procedures set forth in this title.
1. Landmark designations;
2. Street vacations;
3. Public works projects identified as planned actions in the Port
!Townsend Comprehensive Plan or any amendments thereto. Planned actions
'are those public or private projects specifically identified by city ordinance or
'resolution adopted after environmental review conducted in conjunction with the
',adoption or annual amendment of the Port Townsend Comprehensive Plan.
', B. Pursuant to RCW 36.706.140(2), Type I permits, including but not limited to
',building permits, boundary line adjustments (not involving lot reorientation) or
:other construction permits, or similar administrative approvals categorically
exempt from environmental review under SEPA (Chapter 43.21 C RCW and the
:city's SEPA/environmental policy ordinance, Chapter 19.04 PTMC), or permits/
:.approvals for which environmental review has been completed in connection with
-other project permits shouldshali be processed and permitted within 120 calendar
;days (subject to PTMC 20.01.110). However, Type I permits are not subject to
:other requirements of this chapter, and are excluded from the following
;procedures as defined in this section:
1. Determination or completeness;
2. Notice of application;
3. Except as provided in RCW 36.708.140, optional consolidated project
:permit review processing;
4. Joint public hearings;
5. Single report stating that all of the decisions and recommendations
',.made as of the date of the report do not require an open public record hearing;
6. Notice of Decision. Unless the time deadlines are waived in writing by
'tthe applicant, the Type I permit shouldspal4 be processed within 120 calendar
(days after the applicant files complete application, subject to the provisions of
._PTMC 20.01.110. (Ord. 2762 § 1, 2001; Ord. 2521 § 1, 1996).
Exhibit A-4
Chapter 20.01-Admin Procedures Amendments
Page 11 of 30
Article II. Type I - IIINF Project Permit Applications
''20.01.090 Preapplication conference.
A. Mandatory Conference. Applications for project permit Type I actions
;proposing impervious surfaces equal to or exceeding 5,000 square feet and/or
nonsingle-family structures 5,000 square feet or over, Type I-A, Type II and Type
',III actions shall not be accepted by the director unless the applicant has
!scheduled and attended a preapplication conference. The purpose of the
';preapplication conference is to acquaint the applicant with the requirements of
'the Port Townsend Municipal Code and to allow the director to provide the
applicant with preliminary comments based upon the applicant's preliminary
'sketch of the proposal.
B. Scheduling. The conference shall be held within 15 calendar days of the
C. Conceptual Design Review. Not less than seven calendar days prior to the
'preapplication conference, the applicant will submit to DSD a preliminary sketch
'or conceptual design which illustrates the applicant's generalized ideas of the
proposal. The sketch or conceptual design shall include approximate lot lines,
general topography of site, suggested vehicle access to the site, and provision of
.utilities. Final drawings are discouraged at this preapplication stage. Additionally,
',for the preapplication conference, the applicant shall identify all land uses on
',adjacent properties and all platted and opened roads serving the site.
D. Information Provided to Applicant. At the conference or within seven
calendar days following the conference, the director shall provide the applicant
with:
1. A form which lists the requirements for a completed application;
2. A general summary of the procedures to be used to process the
',application;
3. The references to the relevant code provisions or development
'standards which may apply to the approval of the application; and
4. The city's historic preservation guidelines (if applicable).
E. Assurances Unavailable. It is impossible for the conference to be an
;exhaustive review of all potential issues. The discussions at the conference or
;the forms provided by the city to the applicant under subsection D of this section
shall not bind or prohibit the city's future application or enforcement of all
japplicable law and ordinances. No statements or assurances made by city
;representatives shall in any way relieve the applicant of his or her duty to submit
', an application consistent with all relevant requirements of city, state, and federal
(codes, laws, regulations and land use plans.
F. Historic Preservation Committee (HPC) Meeting. If the director determines
'that the application proposes a major project (as defined in Chapter ~~917.30
PTMC) involving historic preservation issues, the director may require that the
applicant attend a mandatory preapplication public meeting with the HPC ora
;representative of the HPC. HPC review at this stage shall be conceptual only, in
order to help familiarize the applicant with the city's historic preservation design
guidelines.
Exhibit A-4
Chapter 20.01-Admin Procedures Amendments
Page 12 of 30
G. Optional Conferences. Preapplication conferences for all other types of
!applications not specified in this section are optional, and requests for
conferences will be considered on atime-available basis by the director.
H. Fee. The applicant shall pay the fee set forth in Chapter 20.09 PTMC for the
''preapplication conference. (Ord. 2892 § 1, 2005; Ord. 2762 § 1, 2001; Ord. 2592
'§ 3, 1997; Ord. 2521 § 1, 1996).
''20,01.100 Development permit application.
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, prepared by a licensed title company, 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 feet of the property and properties to which public notice
!must be sent as provided in PTMC 20.01.150 and 20.01.160 (notice of
',application). 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;
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:
1. 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;
S. Preliminary plat, see Chapters 18.12 (Short Subdivisions) and 18.16
;(Full Subdivisions) and PTMC 18.20.020;
Exhibit A-4
Chapter 20.01-Admin Procedures Amendments
Page 73 of 30
6. Subdivisions and recognition of lots of record, see Chapter 18.18
PTMC;
', 7. Planned unit developments (PUDs), see Chapter 17.32 PTMC;
8. Critical areas, see Chapter 19.05 PTMC;
9. Street development permits, see Chapter 12.04 PTMC;
10. Utility development permits, see Chapter 13.01 PTMC;
11. 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 19A6 PTMC;
20. Shoreline permits, see Chapter 10, City of Port Townsend Shoreline
Master Program, and Chapter 173-27 WAC.
D. The director may waive specific submittal requirements determined to be
`unnecessary fior review of an application. In such event, the director shall
document the waiver in the project file or project log. (Ord. 2982 §§ 17, 21, 2008;
"!Ord. 2867 § 2, 2004; Ord. 2837 § 2(Exh. B § 15), 2003; Ord. 2762 § 1, 2001;
',Ord. 2592 § 4, 1997; Ord. 2521 § 1, 1996).
...20.01.110 Submission and acceptance of application -Determination of
',completeness -Additional information and project revisions.
', A. Determination of Completeness. Within 28 calendar days after receiving a
.:project permit application, the city shall mail a determination to the applicant
:which states either: (1) that the application is complete; or (2) that the application
is incomplete and what is necessary to make the application complete.
B. Identification of Other Agencies with Jurisdiction. To the extent known by
;the city, other agencies with jurisdiction over the project permit application shall
be identified in the city's determination required by subsection A of this section.
C. Incomplete Application Procedure.
1. If the applicant receives a determination from the city that an
',application is not complete or that additional information is required, the applicant
shall have 120 calendar days to submit the necessary information to the city.
;Within 14 calendar days after an applicant has submitted the requested
:additional information, the city shall make the determination as described in
'subsection A of this section and notify the applicant in the same manner.
', 2. If the applicant either refuses in writing to submit additional information
or does not submit the required information within the 120-day period, the
'.director shall make a determination that the application has been abandoned and
'is therefore withdrawn, according to the Type f procedure in PTMC 20.01.040.
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Chapter 20.01-Admin Procedures Amendments
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3. In those situations where the director has deemed an application
,'withdrawn because the applicant has failed to submit the required information
'within the necessary time period, the applicant will forfeit the application fee.
D. City's Failure to Provide a Determination of Completeness. A project permit
';application shall be deemed complete under this section if the city does not
':.provide a written determination to the applicant that the application is incomplete
',as provided in subsection A of this section. Notwithstanding afailure to provide a
'determination of completeness, the city may request additional information as
;provided in subsection F of this section.
E. Date of Acceptance of Application. When the project permit application is
:determined to be complete, the director shall accept it and note the date of
acceptance. Upon providing a determination of completeness, the director shall
;assign the project to an administrator.
F. Additional Information. A project permit application is complete for purposes
of this section when it meets the submission requirements in PTMC 20.01.100,
as well as the submission requirements contained in the applicable development
';regulations. This determination of completeness shall be made when the
'application is sufficient for continued processing even though additional
'information may be required or project modifications may be undertaken after
ubmittal. The city's determination of completeness shall. not preclude the city
:from requiring additional information,
that the applicant correct plans or perform studies at any time if new
'information is required for project review, or if there are substantial changes in
!the proposed action.
1. Pursuant to RCW 36.708.090(1) (a)(i), any period during which the city
'has requested the applicant to correct plans, perform required studies, or provide
',additional information shall be excluded from the time period provided in this
'chapter.
2. The time period for requiring additional information shall be calculated
from the date the city notifies the applicant of the need for additional information
`until the earlier of: (a) the date the city determines whether the information
'satisfies the request for information; or (b) 14 calendar days after the date the
'information has been provided to the city.
G. Effect of Project Permit Application Revisions -Substantial Revisions. If, in
'tithe judgment of the director, the content of an application is so substantially
revised by an applicant, either voluntarily or to conform with applicable standards
'and requirements, that such revised proposal constitutes a substantially different
proposal than that originally submitted, the director shall deem the revised
;proposal to be a new application.
1. In reaching a decision whether a revision is substantial, the director
;shall consider the relative and absolute magnitude of the revision, the
',environmental sensitivity of the site, any changes in location of significant
elements of the project and their relation to public facilities, surrounding lands
:and land uses and the stage of review of the proposal.
2. Lesser revisions that would not constitute substantial revisions during
',early stages of review may be substantial during later stages due to the reduced
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Chapter 20.01-Admin Procedures Amendments
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'tome and opportunity remaining for interested parties to review and comment
',upon such changes.
3. Written notice of such determination of substantial revision shall be
';provided to the applicant and all parties of record, including the reasons for the
director's decision.
4. A determination that any revision is substantial shall result in the time
!periods mandated by the Regulatory Reform Act, Chapter 36.706 RCW, set forth
'in this chapter starting from the date at which the revised project application is
':determined to be complete. The revised project application shall be subject to all
caws, regulations, and standards in effect on the date of the determination of
:completeness of the substantial revision.
5. If the revision has a bearing upon or affects HPC review, the director
:shall refer the application to HPC for additional mandatory public meeting(s) as
;necessary. (Ord. 2762 § 1, 2001; Ord. 2521 § 1, 1996).
:20.01.120 Referral and review of development permit applications.
Upon acceptance of a complete application, the director shall do the following:
A. Transmit a copy of the application, or appropriate parts of the application, to
``each affected agency and city department for review and comment, including
;those agencies responsible for determining compliance with state and federal
'requirements. The affected agencies and city departments shall have 10
'calendar days to comment. The director may grant an extension of time if
needed.
B. Environmental Review. Developments and planned actions subject to the
'State Environmental Policy Act (SEPA), Chapter 43.21C RCW, shall be reviewed
in accordance with the policies and procedures contained in Chapter 19.04
PTMC. SEPA review shall be conducted concurrently with development project
:review. The following are exempt from concurrent review:
1. Projects categorically exempt from SEPA; and
2. Components of planned actions previously reviewed and approved in
,'the Port Townsend Comprehensive Plan or amendments thereto to the extent
'permitted by law and consistent with the SEPA environmental determination for
Ithe planned action.
C. Historic Preservation Committee (HPC) Review. For those actions subject
!to design review pursuant to Chapter 17.3068 PTMC, the director shall refer the
',application to HPC. Pursuant to Chapter 17.3Q68 PTMC, HPC shall hold one or
!more public meeting(s) as necessary to consider the application. HPC review
'shall be completed within 45 calendar days after the issuance of the
:determination of completeness. HPC recommendations shall be based upon
;design guidelines formally adopted by the city council and shall be included in the
;staff report and recommendation transmitted to the director~ea-belly
,, ,.r.,,..,,* +„ o-rnnr on n~ ~~n. For Type I administrative permits, DSD shall
!review HPC recommendations and shall incorporate those recommendations as
!.permit conditions and requirements, so long as the recommendations are based
',upon formally adopted design guidelines or are based upon a voluntary
:agreement of the applicant.
Exhihif A-4
Chapfer 20.01-Admin Procedures Amendments
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D. If a Type 111 procedure is required, DSD shall provide for notice and hearing
as set forth in PTMC 20.01.150 through 20.01.190. (Ord. 2892 § 1, 2005; Ord.
'.2762 § 1, 2001; Ord. 2592 § 5, 1997; Ord. 2521 § 1, 1996).
',20.01.130 Scope of project review.
A. Fundamental land use planning choices made in adopted comprehensive
Wand subarea plans and development regulations shall serve as the foundation for
!project review. The review of a proposed project's consistency with applicable
'development regulations, or in the absence of applicable regulations the adopted
Port Townsend Comprehensive Plan or subarea plan(s), under PTMC 20.01.140
:shall incorporate the determinations under this section.
B. During project review, the director (and as applicable, the hearing examiner)
shall determine whether the items listed in this
;.subsection are defined in the development regulations applicable to the proposed
'project or, in the absence of applicable regulations, the adopted Port Townsend
'Comprehensive Plan or subarea plan(s). At a minimum, such applicable
'regulations or plans shall be determinative of the:
1. Type of land use permitted at the site, including uses that may be
'allowed under certain circumstances, such as planned unit developments and
lconditional and special uses, if the criteria for their approval have been satisfied;
2. Density of residential development in urban growth areas; and
3. Availability and adequacy of public facilities identified in the Port
:Townsend Comprehensive Plan, if the plan or development regulations provide
;for funding of these facilities.
C. During project review, the director shall not re-examine alternatives to or
';hear appeals on the items identified in subsection B of this section.
D. The director may determine that the requirements for environmental
!,analysis and mitigation measures in development regulations and other
',applicable laws provide adequate mitigation for some or all of the project's
apecific probable significant adverse environmental. impacts to which the
:requirements apply. In making this determination, the director shall:
1. Determine if the applicable regulations require measures that are
sufficient to adequately address site-specific, probable significant adverse
'environmental impacts identified through project application review; and
2. Determine whether additional studies are required and/or whether the
',project permit application should be conditioned with additional mitigation
'measures.
E. Nothing in this section limits the authority of the city to approve, condition, or
(deny a project as provided in its development regulations adopted under Chapter
36.70A RCW and in its policies and criteria adopted under RCW 43.21C.060,
:including project review under Chapters 19.04 (SEPA) and 19.05 (Critical areas)
:PTMC. (Ord. 2762 § 1, 2001; Ord. 2521 § 1, 1996).
20.01.140 Project consistency.
A. A proposed project's consistency with development regulations adopted
,under Chapter 36.70A RCW (the GMA) or, in the absence of applicable
Exhibit A-4
Chapter 20.01-Admin Procedures Amendments
Page 17 of 30
development regulations, the appropriate elements of the Port Townsend
Comprehensive Plan or subarea plan adopted under Chapter 36.70A RCW shall
be determined by consideration of:
1. The type of land use;
2. The level of development, such as units per acre or other measures of
3. Infrastructure, including public facilities and services needed to serve
the development; and
4. The character of the development, such as development standards.
B. In determining consistency, the determinations made pursuant to PTMG
20.01.130 shall be controlling.
C. For purposes of this section, the term "consistency' shall include all terms
used in this chapter and Chapter 36.70A RCW to refer to performance in
accordance with this chapter and Chapter 36.70A RCW, including but not limited
to compliance, conformity, and consistency.
D. Nothing in this section requires documentation, dictates procedures for
considering consistency, or limits the director from asking more specific or
related questions with respect to any of the four main categories listed in
subsections (A)(1) through (4) of this section. (Ord. 2762 § 1, 2001; Ord. 2521 §
1, 1996).
Article III. Public Notice
!20.01.150 Notice of application.
A. Time of Issuance. Within 14 calendar days of issuing the determination of
',completeness, DSD shall issue a notice of application on the following types of
applications:
1. Type IA permit applications for multifamily design review for five to nine
:dwelling units, R-III cottage housing development.
2. Applications requiring SEPA review.
3. All 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.
B. SEPA-Exempt Projects. With the exception of subsection (A)(1) 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.
C. Posted and Mailed. The notice of application shall be posted on the subject
(property and mailed to adjacent property owners within 300 feet.
D. Published. In addition to posting and mailing, the notice of application for
he following permit types shall be published once in a newspaper of general
:circulation: shoreline master program (SMP) permits, permits requiring SEPA
;review, Type II cottage housing developments and short subdivision permits, and
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Chapter 20.01-Admin Procedures Amendments
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',a11 Type III permits. The notice of application shall be issued prior to and is not a
!substitute for the required notice of a public hearing.
E. 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
'ffor 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 including a listing of any
:requested departures 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;
S. 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
'tthe 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 calendar days following the date of notice of application (or 30 calendar days
if the application 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 a 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 to issuance of the notice of application;
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 36.706.040 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
coping 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.
F. 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 may be
provided at any time up to and during the public hearing. However, the city
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Chapter 20.01-Admin Procedures Amendments
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: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 Ill 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 party may comment upon the SEPA threshold
:determination pursuant to Chapter 19.04 PTMC. (Ord. 2982 § 17, 2008; Ord.
;2892 § 1, 2005; Ord. 2778 § 4, 2001; Ord. 2762 § 1, 2001; Ord. 2521 § 1, 1996).
20.01.160 Methods of public notice of application.
A. The city shall provide the public notice of application for a project permit by
',posting the property and mailing to adjacent property owners within 300 feet.
'Additionally, for shoreline master program (SMP) permits, permits requiring
,SEPA review, Type II cottage housing developments, short subdivision permits,
and all Type III permits, publication in the city's official newspaper shall be
;required, as provided in this section.
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;
ii. A large site abuts more than one public road; or
iii. The director determines that additional notice boards are
: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
send 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,
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Chapter 20.01-Admin Procedures Amendments
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'comment period dates, and location where the complete application may be
',reviewed in the city's official newspaper of general circulation.
3. Mailed Notice. Mailed notice shall include the content as set forth in
PTMC 20.01.150(E). It shall be mailed to the latest recorded real property
'owners as shown by the records of the county assessor within at least 300 feet of
',the boundary of the property upon which the development is proposed.
a. An adjacent property ownership list prepared by a licensed title
'company shall be used far determining the property owner(s) of record.
b. All public notices shall be deemed to have been provided or
'received on the date the notice is deposited in the mail or personally delivered,
'whichever occurs first.
4. 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. 2982 § 17, 2008; Ord. 2892 § 1, 2005; Ord. 2778 § 4,
!2001; Ord. 2762 § 1, 2001; Ord. 2521 § 1, 1996).
?20.01.170 Shoreline master program (SMP) permits.
SMP permits require notice as provided in PTMC 20.01.150 through
:20.01.160.
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 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. 2982 § 18,
'2008; Ord. 2762 § 1, 2001; Ord. 2521 § 1, 1996).
,'20.01.180 Optional additional public notice.
', A. As optional methods of providing public notice of any project permits, the
'city may at the applicant's expense:
1. Notify the public or private groups with known interest in a certain
'proposal or in the type of proposal being considered;
2. Notify the news media;
3. Place notices in appropriate regional or neighborhood newspapers or
'trade journals;
4. Publish notice in agency newsletters or send notice to agency mailing
lists, either general lists or lists for specific proposals or subject areas;
5. Mail to neighboring property owners; and
6. Place notices on the Internet.
B. The city's #aiture decision not to provide the optional notice as described in
:this subsection shall not be grounds or invalidation of any permit decision. (Ord.
12762 § 1, 2001; Ord. 2521 § 1, 1996).
'20.01.190 Nofice of public hearing.
A. Content of Notice of Public Hearing for All Types of Applications. The notice
',given of a public hearing required in this chapter shall contain:
Exhibit A-4
Chapter 20.01-Admin Procedures Amendments
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1. The name and address of the applicant or the applicant's
representative;
2. Description of the affected property, including the street address (if
;';any) and either a vicinity location (including roadway intersections) or written
description, other than a legal description, reasonably sufficient to inform the
!public of the location;
', 3. The date, time and place of the hearing;
4. A description of the nature of the proposed use or development;
S. A statement that all interested persons may appear at the hearing and
'provide oral or written comments or testimony;
6. Where information may be examined, and when and how written
'comments addressing findings required for a decision by the hearing body may
be submitted;
' 7. The name of the city staff contact or representative and the telephone
',number where additional information may be obtained;
8. That a copy of the application and staff report, and all documents and
'evidence relied upon by the applicant and applicable criteria are available for
'inspection at DSD at no cost.
i B. Mailed Notice. Mailed notice of the public hearing shall be provided as
:follows:
1. Type I, Type II, and Type IV Actions. No mailed public notice is
;required because no public hearing is held, except on an appeal of a Type II
:action.
2. Type III Actions. The notice of public hearing shall be mailed to:
a. The applicant;
b. All owners of property within 300 feet of any portion of the subject
'property; and
c. Any person who submits written comments on an application.
3. Type III Preliminary Plat Actions. In addition to the notice for Type III
!,actions above, additional notice for preliminary plats and proposed subdivisions
'shall be provided as follows:
a. Notice of the filing of a preliminary plat application of a proposed
`.subdivision located adjoining the city's municipal boundaries shall be given to the
;appropriate county officials;
b. Notice of the filing of a preliminary plat application of a proposed
'subdivision located adjacent to the right-of-way of a state highway or within two
:miles of the boundary of a state or municipal airport shall be given to the
'Washington State Secretary of Transportation, who must respond within 15
'calendar days of such notice;
c. Special notice of the hearing shall be given to adjacent
'.landowners by any other reasonable method the city deems necessary. Adjacent
,landowners are the owners of real property, as shown by the records of the
:county assessor, located within 300 feet of any portion of the boundary of the
;proposed subdivision. If the owner of the real property which is proposed to be
subdivided owns another parcel or parcels of real property which lie adjacent to
'the real property proposed to be subdivided, mailed notice under RCW
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Chapter 20.01-Admin Procedures Amendments
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158.17.090(1)(b) and this section shall be given to owners of real property located
',within 300 feet of any portion of the boundaries of such adjacently located
!parcels of real property owned by the owner of the real property proposed to be
subdivided.
4. Type V Actions. For Type V legislative actions, the city shall publish
!notice as described in Chapter 20.04 PTMC, and all other notice required by city
'code and RCW 35.23.221.
5. General Procedure for Mailed Notice of Public Hearing.
a. An adjacent property ownership list prepared 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.
b. All public notices shall be deemed to have been provided or
'received on the date the notice is deposited in the mail or personally delivered,
'whichever occurs first.
C. Procedure for Posted or Published Notice of Public Hearing.
1. Posted notice of the public hearing is required for aII Type III project
;permit applications. The posted notice shall be posted as required by PTMC
20.01.160(A)(1).
2. Published notice is required for all Type II procedures involving an
';'open record public hearing, Type III, and Type V procedures. The published
',notice shall be published in the city's official newspaper. Published notice is not
'required for closed record public hearings before the city council, as no new
'testimony or evidence is allowed at such hearings. Mailed notice of the closed
";record public hearing shall be provided for all parties of record.
D. Time and Cost of Notice of Public Hearing.
', 1. Notice of a public hearing shall be mailed, posted and first published
'not less than 10 nor more than 45 calendar days prior to the hearing date. Any
;posted notice shall be removed by the applicant within 15 calendar days
`following the public hearing.
2. All costs associated with the public notice shall be borne by the
;.applicant. (Ord. 2982 § 17, 2008; Ord. 2892 § 1, 2005; Ord.
', 2762 § 1, 2001; Ord. 2592 § 6, 1997; Ord. 2521 § 1, 1996).
Article IV. Project Review and Approval Process
',20.01.200 Administrative approvals without notice (Type I and I-A .
A. The director may approve, approve with conditions, or deny (with or without
prejudice) all Type I and I-A permit applications without notice, except as
;otherwise provided by code.
Exhibit A-4
Chapter 20.0! -Admfn Procedures Amendments
Page 23 of 30
B. The director's decisions under this section shall be final on the date issued,
1. An applicant or other party of record who may be aggrieved by the
administrative decision may appeal the decision to the city's hearing examiner;
provided that a written appeal in conformance with Chapter 1.14 PTMC is filed
uvithin 14 calendar days after the notice of the decision, or within 21 calendar
;processed in accordance with Chapter 1.14 PTMC.
2 If no appeal is submitted, the preliminary approval becomes final at the
'expiration of the notice period.
3. If a written notice of appeal is received within the specified time the
'matter will be referred to the hearing examiner for a public hearing. The decision
of the hearing examiner shall be the final city decision.
4 Pursuant to PTMC 19.04.280, SEPA determinations of significance (DSl shall
not be appealable.
(Ord. 2762 § 1, 2001; Ord. 2521 § 1, 1996).
120.01.210 Administrative approvals subject to notice (Type II).
A. The director may grant approval, preliminary approval, or approval with
:conditions, or may deny (with or without prejudice) all Type II permit applications,
:subject to the notice and appeal requirements of this section. The director shall
:issue written findings and conclusions supporting Type II decisions.
B. Final Administrative Approvals. Administrative decisions under this section
;shall become final subject to the following:
1. An applicant or other party of record who may be aggrieved by the
'administrative decision may appeal the decision to the city's hearing examiner;
'provided, that a written appeal in conformance with Chapter 1.14 PTMC is filed
'within 14 calendar days after the notice of the decision, or within 21 calendar
',days if a SEPA determination of nonsignificance is issued concurrently with and
',as part of the permit decision. All appeals to the hearing examiner shall be
!processed in accordance with Chapter 1.14 PTMC.
2. If no appeal is submitted, the preliminary approval becomes final at the
!expiration of the notice period.
3. If a written notice of appeal is received within the specified time the
:matter will be referred to the hearing examiner for a public hearing. The decision
of the hearing examiner shall be the final city decision.
4. Pursuant to PTMC 19.04.280, SEPA determinations of significance
',(DS) shall not be appealable. (Ord. 2762 § 1, 2001; Ord. 2592 § 7, 1997; Ord.
'2521 § 1, 1996).
20.01.220 Reserved.
(Ord. 2762 § 1, 2001; Ord. 2651 § 5, 1998; Ord. 2521 § 1, 1996).
Exhibit A-4
Chapter 20.0! -Admin Procedures Amendments
Page 24 of 30
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Exhibit A-4
Chapter 20.01-Admin Procedures Amendments
Page 25 of 30
A. The hearing examiner shall review and make findings, conclusions and
;issue final decisions on all Type III permit applications.
B. Staff Report. The administrator shall prepare a staff report on the proposed
:development or action summarizing the comments and recommendations of city
:.departments, the historic preservation committee (HPC), affected agencies and
',,ispecial districts, and evaluating the development's consistency with the city's
'development code, adopted plans and regulations. If requested by the examiner,
';the staff report shall include proposed findings, conclusions and
'recommendations for disposition of the development application. The staff report
'shall include and consider all written public comments on the application.
C. Hearing Examiner Hearing. The hearing examiner shall conduct a public
!hearing on Type III development proposals for the purpose of taking testimony,
!hearing evidence, considering the facts germane to the proposal, and evaluating
;the proposal for consistency with the city's development code, adopted plans and
;regulations. Notice of the hearing examiner hearing shall be in accordance with
;PTMC 20.01.190. All appeals of administrative project permit decisions, including
'appeals of SEPA threshold determinations made pursuant to Chapter 19.04
:PTMC (other than determinations of significance), shall be considered together
'.with the decision on the project application in a single, consolidated public
'hearing.
D. Required Findings. In addition to the approval criteria listed in PTMC Title
',17, the hearing examiner shall not approve a proposed development unless the
'examiner first makes the following findings and conclusions:
1. The development is consistent with the Port Townsend Comprehensive
!Plan and meets the requirements and intent of the Port Townsend Municipal
(Code;
2. The development is not detrimental to the public health, safety and
;welfare;
3. The development adequately mitigates impacts identified under
:Chapters 19.04 (SEPA) and 19.05 (Critical areas) PTMC; and
4. For subdivision applications, findings and conclusions shall be issued
fin conformance with PTMC Title 18 and RCW 58.17.110.
E. Final Decision. In the examiner's decision regarding Type III actions, the
'hearing examiner shall adopt written findings and conclusions.
', 1. The hearing examiner's decision following closure of an open record
'.public hearing shall include one of the following actions:
a. Approve;
b. Approve with conditions;
c. Deny without prejudice (reapplication or resubmittal is permitted);
d. Deny with prejudice (reapplication or resubmittal is not allowed for
:one year); or
e. Remand for further proceedings in accordance with PTMC
20.01.270.
2. A hearing examiner's decision following an open record public appeal
';hearing (consolidated with the hearing regarding the application) shall include
lone of the following actions:
Exhibit A-4
Chapter 20.01-Admin Procedures Amendments
Page 26 of 30
a. Grant the appeal in whole or in part;
b. Deny the appeal in whole or in part;
', c. Remand for further proceedings in accordance with PTMC
20.01.270.
3. The hearing examiner's decision shall be issued within 10 working
!days from the date the examiner closes the public hearing record, unless,, for
'good cause the hearing examiner grants a 10 day extension or a longer period
is mutually agreed to in writing by an applicant and the hearing examiner. The
!decision shall be a final decision, appealable in accordance with PTMC
':.20.01.300 and 20.01.310. (Ord. 2762 § 1, 2001; Ord. 2651 § 6, 1998).
'20.01.240 Procedures for public hearings.
Public hearings shall be conducted in accordance with the hearing body's rules
"of procedure and shall serve to create or supplement an evidentiary record upon
:which the body will base its decision. Questions directed to the staff or the
;applicant shall be posed by the hearing examiner or chair at its discretion. In
:cases where scientific standards and criteria affecting project approval are at
issue, the hearing examiner or chair shall allow orderly cross-examination of
;expert witnesses presenting reports and/or scientific data and opinions. The
!hearing body may address questions to any party who testifies at a public
jhearing. The hearing examiner or chair shall open the public hearing and, in
!general, observe the following sequence of events:
A. Staff presentation, including submittal of any administrative reports.
'Members of the hearing body may ask questions of the staff.
B. Applicant presentation, including submittal of any materials. Members of the
'hearing body may ask questions of the applicant.
C. Testimony or comments by the public germane to the matter.
D. Rebuttal, response or clarifying statements by the staff and the applicant.
E. The evidentiary portion of the public hearing shall be closed and the hearing
body shall deliberate on the matter before it. (Ord. 2762 § 1, 2001; Ord. 2521 § 1,
1996).
20.01.250 Procedures for closed record hearings and appeals.
Closed record hearings on
;appeals shall be conducted in
!accordance with the city council's rules of procedure and shall serve to provide
';argument and guidance for the body's decision. Closed record hearings shall be
',conducted generally as provided for other public hearings. Except as provided in
'PTMC 20.01.270, no new evidence or testimony shall be given or received. The
',parties
'°~^^''^^• ~'°^~°~^^ may submit timely written statements or arguments. (Ord.
'2762 § 1, 2001; Ord. 2521 § 1, 1996).
20.01.260 Reconsideration.
A party of record at a public hearing or closed record appeal may seek
reconsideration only of a final decision by filing a written request for
Exhibit A-4
Chapter 20.01-Admin Procedures Amendments
Page 27 of 30
'reconsideration with the director within five calendar days of the date eral
'aaae~-nsement of the final decision. The request shall comply with PTMC
',20.01.310(6). The sedasii-ar hearing body shall consider the request ^"~~
'r°^..I^.'.. ^..h°,~ ,'°rl n.°°«i s without public comment or oral argument by the
'party filing the request. If the request is denied, the previous action shall become
(final. If the request is granted, the seunsil-eFhearing body may immediately
;revise and reissue its decision ^ ^^" E^• ^r°^^,°°* in ° °rr,°^^° ..,iFh 4h°
. Reconsideration should be granted only
when an obvious legal error has occurred or a material factual issue has been
%overlooked that would change the previous decision. (Ord. 2762 § 1, 2001; Ord.
',2521 § 1, 1996).
'..20.01.270 Remand.
'. I 4h 4 4h ..:F.... „nn'I .~1°f°rm'n ^ Lh.~4 ih° n ,hlin h°°rinn r°nnrrl 4h
rt' 4 nl'°^hl° f° nnrr°nF 4h° rl°Fini°nni°n Th° nn„nnil chill cn°nifv 4h
~ .... ~.v.....v~ ..... ..... ....... ..... ... ...... .. ~......J ....
. In appeals-sf~e-14, the hearing examiner
'may remand the director's recommendation or decision to the director to correct
any deficiencies. The hearing examiner shall specify the items or issues to be
'considered and the time frame for completing the additional work. (Ord. 2762 § 1,
',2001; Ord. 2651 § 7, 1998; Ord. 2592 § 9, 1997; Ord. 2521 § 1, 1996).
!20.01.280 Final decision -Exclusions to 120-day deadline.
A. Time. The final decision on a development proposal shall be made within
120 calendar days from the date of the determination of completeness. In
',determining the number of calendar days that have elapsed after the
'determination of completeness, the following periods shall be excluded:
1. Any time needed to amend the Port Townsend Comprehensive Plan or
;development regulations.
2. Pursuant to PTMC 20.01.110(F), any time required to correct plans,
"`pertorm studies or provide additional information; provided, that within 14
;calendar days of receiving the requested additional information, the director shall
'determine whether the information is adequate to resume the project review.
3. Pursuant to PTMC 20.01.110(G), substantial project revision(s) made
or requested by an applicant, in which case the 120 calendar days will be
'calculated from the time that the city determines the revised application to be
complete and issues a new determination of completeness in accordance with
(PTMC 20.01.110(A).
4. All time required for the preparation and review of an environmental
'impact statement. As provided in Chapter 19.04 PTMC, a draft environmental
;impact statement (DE(S) shall be completed within 365 days after the issuance of
Exhibit A-4
Chapter 20.01-Admin Procedures Amendments
Page 28 of 30
Ithe determination of significance (DS). Additional time may be allowed, with the
written concurrence of the applicant.
5. Any time needed to process an application for projects involving the
',siting of an essential public facility.
6. An extension of time mutually agreed upon by the city and the
'applicant.
', 7. Any remand to irector.
8. Any other time excluded by law.
B. Effective Date. The final decision of the council or hearing examinery
'shall be effective on the date stated in the decision, motion, resolution, or
',ordinance; provided, that the appeal periods shall be calculated from the date of
'issuance of the land use decision, as provided in the Land Use Petition Act,
!Chapter 36.70C RCW. For the purposes of this chapter, the date on which a land
'use decision is issued is:
1. Three days after a written decision is mailed by the city or, if not
'mailed, the date on which the city provides notice that a written decision is
;publicly available;
2. If the land use decision is made by ordinance or resolution by the city
:council sitting in aquasi-judicial capacity, the date the city council passes the
:ordinance or resolution; or
3. If neither subsection (B)(1) nor (2) of this section applies, the date the
'decision is entered into the public record.
', C. Notice of Decision. Upon issuance of the final decision, DSD shall mail or
'hand deliver a copy of the final decision to the applicant, any persons who have
';filed a written request for a copy of the decision, and to all persons who
'submitted substantive written comments on the application. The notice of
'decision shall include a statement of the threshold determination made under
'Chapter 19.04 PTMC and the procedures for an appeal (if any) of the permit
'decision or recommendation.
D. Notice of Delayed Decision. If the city is unable to issue its final decision
',within the time limits provided in this chapter, the city will provide written notice of
:'.this fact to the applicant. The notice shall contain a statement of reasons why the
:time limits have not been met and an estimated date for issuance of the final
:decision.
E. Post-Decision HPC Review. In the event the permit is conditioned based
:upon formally adopted design guidelines, HPC shall review the final design
:details or design plans for consistency with HPC guidelines and project
;conditions. (Ord. 2892 § 1, 2005; Ord. 2762 § 1, 2001; Ord. 2521 § 1, 1996).
Article V. Appeals
20.01.290 Appeal of administrative interpretations and decisionsapprevals
(Type I and II) -Standing to appeal..
interpretations pursuant to PTMC Ch. 20.02, may only be appealed, by
applicants or parties of record, to the hearing examiner si#y-seur~si~
Exhihit A-4
Chapter 20.01-Admfn Procedures Amendments
Page 29 of 30
in
with Chapter 1.14 PTMC.
(Ord. 2762 § 1, 2001; Ord. 2592 § 10, 1997; Ord. 2521 § 1, 1996).
20.01.300 Appeal of
hearing examiner decisions (Type III) -Standing to appeal.
Hearing examiner
decisions may only be appealed by parties of record from the open record
hearing to the superior court city-se~+asi1 in accordance with 20.01.320. ~a#+es
20.01.348.295 Appeals -Procedure.
A. Filing. Every appeal of Type I decisions involving SEPA review. Tvpe II
decisions, and administrative interpretations pursuant to PTMC Ch. 20.02, an
^^-~ h°c~ ^^ ° °~ d°c?c?c^~, shall be filed with the director within 14 calendar
',days after the date of the ecision of the matter being
'appealed; provided, however, appeals of Type II decisions shall be filed within
!the time periods set forth in PTMC 20.01.210 (14 calendar days) and SEPA
',appeals shall be filed in accordance with PTMC 19.04.280 (21 calendar days). A
'.notice of appeal shall be delivered to DSD by mail or personal delivery, and must
'be received by 4:00 p.m. on the last business day of the appeal period, with the
i;required appeal fee.
B. Contents. The notice of appeal shall contain a concise statement identifying:
1. The decision being appealed;
2. The name and address of the appellant and his/her interest(s) in the
'matter;
L 3. The specific reasons why the appellant believes the decision to be
'wrong. The appellant shall bear the burden of proving the decision was wrong;
4. The desired outcome or changes to the decision; and
5. The appeal fee. All requests for reconsideration filed pursuant to PTMC
'20.01.260 shalt contain all information required in this section.
C. Any notice of appeal not in full compliance with this section shall not be
'considered. (Ord. 2892 § 1, 2005; Ord. 2762 § 1, 2001; Ord. 2592 § 11, 1997;
'Ord. 2521 § 1, 1996).
120.01.320 Judicial appeal.
A. Appeals from the final decision of the city council and appeals from any
;other final decisions specifically authorized (subject to timely exhaustion of all
'administrative remedies) shall be made to Jefferson County superior court within
'21 calendar days of the date the decision or action became final, as defined in
PTMC 20.01.280(8), unless another time period is established by state law or
Exhibit A-4
Chapter 20.01 -Admin Procedures Amendments
Page 30 of 30
local ordinance. All appeals must conform with procedures set forth in Chapter
!36.70C RCW.
B. Notice of the appeal and any other pleadings required to be filed with the
icourt shall be seared on the city clerk, and all persons identified in RCW
i36.70C.040, within the applicable time period. This requirement is jurisdictional.
', C. The cost of transcribing and preparing all records ordered certified by the
!court or desired by the appellant for such appeal shall be borne by the appellant.
Prior to the preparation of any records, the appellant shall post with the city clerk
an advance fee deposit in the amount specified by the city clerk. Any overage will
!be promptly returned to the appellant. (Ord. 2762 § 1, 2001; Ord. 2592 § 12,
',1997; Ord. 2521 § 1, 1996).
20.01.330 Effective date -Severability.
A. Effective Date. This chapter shall be effective on June 1, -1996; provided,
however, all complete land development applications meeting all requirements of
:the Port Townsend Municipal Code filed on or after April 1, 1996, shall be subject
to the requirement of a single, consolidated open record public hearing, including
:the requirements set forth in PTMC 20.01.200 through 20.01.320.
B. Conflict with Other Procedures. In the event of a conflict in project
:application and/or public hearing procedures found elsewhere in the Port
:Townsend Municipal Code or found in the Port Townsend shoreline master
:program, and the requirements of this chapter, the requirements and procedures
:set forth in this chapter shall prevail.
C. Severability. If any clause, sentence, paragraph, section or part of this
:chapter or its application to any person or circumstance is held to be invalid or
unconstitutional by a court of competent jurisdiction, such order or judgment shall
:not affect the validity or constitutionality of the remainder of any part of this
:chapter. To this end, the provisions of each clause, sentence, paragraph, section
or part of this law are declared severable. (Ord. 2762 § 1, 2001; Ord. 2651 § 8,
'1998; Ord. 2521 § 1, 1996).
Exhibit A-5
Chapter 20.021nterpretation Amendment
(Page 1 of 2)
Chapter 20.02
INTERPRETATION OF LAND DEVELOPMENT CODES
'.Sections:
__
___
.20.02.010 Purpose of interpretation.
!.20.02.020 Submission requirements.
!20.02.030 Director's decision.
20.02.040 Time limitation and enforcement.
20.02.050 Appeal of interpretation by DSD director.
'20.02A60 Judicial appeal
20.02.010 Purpose of interpretation.
An interpretation of the provisions of PTMC Titles 15, 16, 17 18 and 19
',("development codes"), and Title 1 and 20 (on procedures). is intended to clarify
'.conflicting or ambiguous wording, interpret proper classification of a use, or
',interpret the scope or intent of the provisions of the code; provided, however, that
ian interpretation of the building codes adopted under PTMC 16.04.010 may not
be requested under this chapter. An interpretation of the provisions of the code
;may not be used to amend that code. (Ord. 2867 § 2, 2004; Ord. 2531 § 1,
'! 1996).
20.02.020 Submission requirements.
A. Who May Request Interpretation. Any person may request a written
'interpretation of the provisions of the code. In addition, the DSD director may
'issue an interpretation on the director's own initiative.
B. Submittal Requirements. Any person requesting an interpretation of code
shall submit a written request specifying each provision of the development
.,code(s) for which an interpretation is requested, why an interpretation of each
',provision is necessary, and any reasons or materials in support of a proposed
'interpretation. The applicant shall pay the fee set forth in Chapter 20.09 PTMC
',for a director's interpretation.
C. Factors for Consideration. In making an interpretation of the provisions of
;the development codes, the DSD director should consider the following as
';;applicable:
1. The applicable provisions of the code, including its purpose and
;,context;
2. The implications of the interpretation for development within the city as
La whole, including the precedent the interpretation will set for other applicants;
3. Consistency with Port Townsend Comprehensive Plan and other
relevant codes and policies.
'! D. Conflicts with Other Regulations. Where conflicts occur between the
..provisions of a development code and the building and fire codes or other
'.regulations of the city, the more restrictive shall apply. If any conflict between the
Exhibit A-5
Chapter 20.02 interpretation Amendment
(Page 2 of 2)
land use map and the text of the applicable title ensue, the text of the title shall
prevail. (Ord. 2892 § 1, 2005; Ord. 2531 § 1, 1996).
'.20.02.030 Director's decision.
A. The DSD director's decision on an interpretation shall include the name of
the applicant, the description of the subject proposal, the language of the
(development code(s) subject to interpretation, the explanation of the DSD
'director's interpretation, and any other necessary information reasonably related
'to the proposal.
B. Response to Written Request. The DSD director shall mail a written
'~! response to any person filing a written request to interpret the provisions of the
!development code within 28 days of having received that request; provided,
(however, that when a request is made while a project is pending and after a
;determination of completeness has been issued, the permit applicant must agree
to waive the time frame required under Chapter 20.01 PTMC to allow for
(preparation of the interpretation, and any changes to the project that the
interpretation might require. (Ord. 2892 § 1, 2005; Ord. 2531 § 1, 1996).
!20.02.040 Time limitation and enforcement.
A. Time Limitation. An interpretation of the code remains in effect unless and
',until rescinded in writing by the DSD director.
B. Enforcement. An interpretation of the code issued in accordance with these
',provisions may be enforced in the same manner that any provision of the
',development code is enforced. All written interpretations of the code with a
'current index of such interpretations shall be maintained by the DSD and made
'available for public inspection. (Ord. 2892 § 1, 2005; Ord. 2531 § 1, 1996).
20.02.050 Appeal of interpretation by DSD director.
When an interpretation is made in response to a written request pursuant to
these provisions,. the person filing the written request may appeal the decision of
',the DSD director to the hearing examinersit~sedasi4 within 14 calendar days of
'the decision, using the process for appeals of Type II permit decisions as set
',forth in PTMC 20.01.310. The fee for such appeal shall be as set forth in Chapter
'.20.09 PTMC and must be paid by the appellant at the time of filing the appeal.
'(Ord. 2892 § 1, 2005; Ord. 2531 § 1, 1996).
120.02.060 Judicial appeal.
i Appeals from the final decision of the hearing examinersity-se~-asil shall be
',.made to the Jefferson County superior court within 21 calendar days of the date
(the decision or action becomes final (as defined in PTMC 20.01.280(6)). All
'.appeals must conform with the provisions of PTMC 20.01.320, and are subject to
'.the requirements set forth in that section. (Ord. 2531 § 1, 1996).
Additions to Procedural Amendments
Exhibit A-6
Page 1 of 75
REVISIONS /ADDITIONS TO PROCEDURAL AMENDMENTS
1. Amends incorrect citation.
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 REGULATIONSINOTES
SINGLE-FAMILY RESIDENTIAL USES
Accessory P P P X PTMC
dwelling 17.16.030, Bulk, dimensional and density requirements. For
units ADUs in the R-III zone, the ADU shall be counted toward the
maximum housing density as provided in PTMC 17.16.030.
2. Allow waiver of pre-application conference.
'17.30.070 Preapplication conference mandatory.
All applications for design review and a certificate of approval under this chapter that
involve demolition or paztial demolition (as defined in PTMC 17.30.085(A)), new
construction or a new addition to an existing building shall not be accepted by the
director unless the project proponent has scheduled and attended a preapplication
conference with development services department staff and a representative of the HPC.
The purpose of the preapplication conference is to acquaint the project proponent with
the requirements of this chapter and to provide preliminazy comments on the
acceptability of the proposed design. The director may waive this preapplication
conference requirement if an applicant demonstrates to the director's satisfaction,
e~erience with the requirements of the PTMC requirements and process that would
render the preapplication conference unnecessarv.
(Ord. 3013 § 1 (Exh. A), 2009; Ord. 2892 § 1, 2005; Ord. 2859 § 4, 2004).
3. Amends signature line from outmoded BCD to DSD.
',17.32.040 Application submittal and contents.
C. Five copies of a PUD site plan prepared in accordance with the following
requirements:
4. A form for the endorsement of the director of DSD, as follows:
..APPROVED BY CITY OF PORT
TOWNSEND__
Additions to Procedural Amendments
Exhibit A-6
Page 2 of 15
Date
jDevelopment Services Department Director
;18.12.050 Preliminary short plat- Contents.
A. A preliminary short plat shall be submitted on one or more sheets and shall provide
the following information. All specifications for public improvements shall conform with
the engineering design standards:
6. A form for the endorsement of the director of DSD, as follows:
APPROVED BY CITY OF
'..PORT TOWNSEND
Date
Development Services Department Director
118.16.050 Preliminary plat-Contents.
A. A preliminary plat shall be submitted on one or more sheets and shall provide the
!following information. All specifications for public improvements shall conform with the
'engineering design standards:
6. A form for the endorsement of the director of DSD, as follows:
APPROVED BY CITY OF
PORT TOWNSEND
Date
'Development Services Department Director
4. Removes outmoded reference to Planning Commission.
Chapter 17.32
PLANNED UNIT DEVELOPMENTS
'';17.32.070 Modification of permitted densities -Bonus density.
D. Basis for Approval of Bonus Density. Upon submittal of the PUD application,
ithe director shall review the proposed project and submit a report to the hearin
'examiner ~ ,containing recommendations and proposed
'findings of fact and conclusions with respect to the allocation of bonus densities
for the project. The allocation of bonus densities should be based upon a
...comprehensive review of the entire project. It is the intention of this section to
'',allow bonus densities where a PUD applicant proposes design attributes
2
Additions to Procedural Amendments
Exhibit A-6
Page 3 of 75
(providing public benefits in addition to those required by local, state of federal
!land use or environmental regulations. Bonus densities will not be allowed for site
'design proposals which merely reflect mandatory requirements of local, state and
'fifiederal codes or regulations. Consideration of the following criteria should be
given, but need not be limited to these:.....
,17.32.130 Modifications to an approved ruu.
A. Minor modifications to a previously approved preliminary PUD may be
'requested by the applicant and approved by the DSD director subject to the.
provisions for Type I decisions in Chapter 20.01 PTMC. However, minor
modifications shall under no circumstances include:
1. Substantial modification or relocation of a lot, tract or parcel boundary
'line or the location or relocation of a street;
2. A reduction in any perimeter setback;
3. An increase in the residential density or gross floor area of the project;
4. A reduction of the area set aside for common open space;
5. Any relocation of the area set aside for common open space in a
'manner which makes it less accessible or usable to the public or the occupants
'of the development;
6. Any change in the landscape buffers resulting in a reduction in width or
density of planting between the development and adjoining properties;
7. A substantial change in the points of access, including any change to a
'different street;
8. A substantial increase in the total ground area covered by buildings or
',other impervious surfaces;
9. Removal of trees or modification to other unique natural features that
'were required to be preserved under the conditions of the preliminary PUD
approval; or
10. Any change that impairs or reduces the potential of the PUD to
..provide affordable or low income housing opportunities, if affordable housing is
'idehtified as a goal or requirement under the conditions of the preliminary PUD
',approval.
B. Before approving a minor modification, the DSD director shall make written
:findings and conclusions that the following exist:
1. The modification will not violate the terms and agreements of the PUD
',approval and the intent of the original conditions of approval is not altered.
2. The modification will not cause the PUD to violate any applicable city
!policy or regulation; and
3. The modification will not be inconsistent or cause the preliminary PUD
to be inconsistent with the decision of the city preliminarily approving the
application..
Additions to Procedural Amendments
Exhibit A-6
Page 4 of 15
C. All modifications shall be documented of record in a revised planned unit
':development agreement or otherwise as determined by the director, in a form
', D6. Modifications that involve any of the actions listed in subsections (A)(1)
',through (A)(10) of this section, or which fail to satisfy the required findings
'.contained in subsection (B) of this section, shall be processed as a new PUD
application. (Ord, 2892 § 1, 2005; Ord. 2700 § 25, 1999; Ord. 2571 § 2, 1997).
6. Revises Chapter 17.46
Chapter 17.46
COMMERCIAL, MULTIFAMILY, COTTAGE HOUSING DEVELOPMENTS, AND
M1XED USE ARCHITECTURAL AND SITE DESIGN REVIEW PROCESSES
'Sections:
17.46.010 9hjest+ves Purpose and Intent.
';17.46.020 Predesignapplisatiea process.
i 17.46.030 Applicability and Permit Review Process.
17.46.040 Application submittal and contents presess.
'17.46.050 Notice requirements.
:17.46.060 Permit review process -Administrative review (Type IAA.
17.46.070 Permit review process -Review by design committee. (Type II
and III .
17.46.080 Design standard departures.
17.46.090 Outcome of review.
:17.46.095 Advisory committee review of building permits.
17.46.100 Variance criteria.
17.46.110 Design Review Permit conditions to run with
the land.
17.46.120 Repealed._
'17.46.010 9bjest+ves-: Purpose and Intent.
It is the intent of this chapter to:
A. Provide common application procedures, permit review, and decisionmaking
processes for commercial, mixed use, multifamily, and cottage housing
'',developments.
B. Combine Port Townsend's multiple review processes into a single set-e#
~^°'^^ °+°^-'^~~'° ^hapter for multi-family proiects, cottage housing proiects (R-I,
R-II and R-III districts) and for development within the commercial (C-I, C-II, C-
II(H)), mixed use (C-I/MU and C-II/MU) zoning districts;
so nn .+•_+--+ -~ -i a• J +ti o ,+-r - .,a ti~..+ ^ ^~ ,+;~+~,,.+^. This
C. Encourage high quality design....
4
Additions to Procedural Amendments
Exhibit A-6
Page 5 of 15
D. Provide predictable, timely and cost efficient review of commercial, mixed
fuse and multifamily projects.
E. Establish a clear process and review standards for Port Townsend's cottage
;housing projects and development within the above referenced commercial,
:mixed use, and residential multifamily districts. (Ord. 2864 § 4, 2004; Ord. 2840
§ 2(Exh. C), 2003).
'17.46.020 Predesi n apptisatter+ process.
For all projects subject to design review, staff shall meet with the proponent at
apre-design meeting to identify and review applicable design guidelines. Staff
'shall identify the appropriate desian review perreit process, provide a list of
!application materials, and provide design recommendations based upon
'applicable standards. This predesignapplisa#isn feedback may be folded into a
'ttechnical review conference or overall land use or building preapplication
'meeting covering all project related issues. (Ord. 2864 § 4, 2004; Ord. 2840
§ 2(Exh. C), 2003).
`17.46.030 Applicability and Permit Review Process; Standards.
Unless otherwise subject to historic design review process in PTMC 17.30
:(Historic Preservationl. Aall projects in the C-I, C-II, C-II(H), CI/MU, and C-II/MU
!zones, cottage housing developments, as well as multifamily projects in any zone
!regardless of their location or form of ownership *~°• ~^~~^'•~^ ^^° ^c the f..n,...,:..,,
',ateshall be subject to the design review process contained within this chapter
and processed in accordance with the permit review process in Ch. 20.01 PTMC
ias set forth below:
A. Tvpe IA TraslF~ -Administrative Review Pursuant to PTMC 17.46.060.
1. Commercial and Mixed Use Projects.
a. New buildings, canopies or other structures that exceed 1,000
!square feet and are less than 4,000 square feet in size or no more than two
:stories above grade; or
b. Buildings, canopies, or other structures, the expansions of which
:either:
i. Exceed 1,000 square feet in size and are less than 4.000
:square feet; or
ii. Comprise a ground floor expansion exceeding 50 percent of
',an existing building's ground floor square footage; or
c. Substantial alterations of existing structures, where the existing.
'structure exceeds 1,000 square feet and are less than 4 000 square feet; or
d. Alterations to exterior facades of buildings that require a building
!permit, not including ordinary (i.e., nonemergency) maintenance and repair
'!activities; provided, (i) that a waiver of design review has first been obtained from
'the director, and (ii) all applicable code requirements are met, including criteria
',for buildings subject to review under this chapter.
', 2. Multifamily projects including construction of apartments, townhouses,
'row houses or other forms of multifamily housing containing five to nine4&units.
Additions to Procedural Amendments
Exhibit A-6
Page 6 of 15
B. Type II Trash-2 -Administrative Review with an Advisory Committee
'PursuanYto PTMC 17.46.070.
1. All projects which include requests for departure pursuant to PTMC
',17.46.080.
', 2. All projects in all applicable districts exceeding the following thresholds
'are further subject to administrative review with the design review advisory
'committee:
a. Any new building canopy or other structure with a ground floor
'exceeding 54,000 square feet in size; or
b. Any new building with more than two stories above grade, or any
expansion. creating more than two stories above grade; or
', c. Any building containing X10 or more dwelling units; or
d. Substantial alterations of existing structures, where the existing
'structure exceeds 5,000 square feet of ground floor area or otherwise exceeds
`categorical exemption limits of SEPA (Chapter 19.05); or
e. Any project where the DSD director determines that the proposed
:design has generated strong public interest, or is proposed for a sensitive or
highly visible site; the director may require that review with the advisory
:committee is warranted.
3. Cottage housing developments in the R-II or R-III zoning districts
~ ...+e.,-.,+ ti..~ ~°e., .e e~Fe,a ., . Diner ~~ ea nan (Ord. 2920 § 10,
;2005; Ord. 2892 § 1, 2005; Ord. 2864 § 4, 2004; Ord. 2840 § 2(Exh. C), 2003).
C. Tvpe III -Administrative Review with an Advisory Committee Pursuant to
PTMC 17.46.070
Cottage housing developments in the R-I zoning district shall be processed
according to the procedures established in Chapter 2D.01 PTMC, Land
Development Administrative Procedures and are subiect to the Conditional Use
Permit criteria established in Chapter 17.84 PTMC, Conditional Uses.
D. Standards to be applied -Applications for design review shall be subiect
to the site design and architectural design standards of this Title as follows:
Commercial and Mixed Use Pro'ects Cha ter 17.44 PTMC.
Commercial or mixed use proiects with Subject to a combined single review for
five or more residential units compliance with Chapters 17.36 and
17.44 PTMC. No additional fee will be
charged above that required for review
under a sin le standard.
Multifamily development in any zoning Chapter 17.36 PTMC
district
Cottage Housing Development Chapter 17.34 Cottage Housing
Develo ment.
Additions to Procedural Amendments
Exhibit A-6
Page 7 of i5
Note: For development that is subject to historic design review process see
'PTMC 17.30 (Historic Preservation).
:17.46.040 Application Submittal and Contents ~esess.
A. Applications for design review shall be submitted to DSD and shall consist
;of a completed application on a form prescribed by DSD, the appropriate fee, if
':any, established by Chapter 20.09 PTMC, and all materials required pursuant to
'PTMC 20.01.100. It shall also be accompanied by:
1. Preliminary architectural renderings (elevations required with details of
'architectural features, but not construction documents).
2. The type and finished color of exterior siding, windows and roofing to
!be used, signs and trim to the extent known.
3. Lighting plan showing the location, type, wattage, and light output of all
'exterior light fixtures, height of standards and wall mounted fixtures, and glare
'.reduction/control devices. The plan shall also include proposed hours of lighting
;use, proposed use of any timing/motion detection switches, and a statement of
:any expected light impacts to neighboring properties.
4. Site plan (including landscaping details) sufficiently complete to show
'comprehensive project design. Site plan shall include conceptual street frontage
;improvements, including street and sidewalk cross sections.
5. All land, trees, and tree canopy to be cleared and the trees or tree
:canopy to be preserved shall be identified. Criteria for trees to be retained shall
be in conformance with PTMC 17.44.080 and Chapter 19.06 PTMC, Tree
6. The location of the proposed access to the site for clearing and grading
during site development and construction shall be shown on the site plan.
7. The DSD director may allow later submittal of certain requirements,
such as the lighting or landscaping plan, if the applicant wishes to first have
conceptual review of the overall project.
P-resed~are~
7 TL. i.. .1~ rl t h r,liva .. o (`h.~~t..r 77 AA DT~Ar` ir.r cr`mmcrr'nl
.. r
Additions to Procedural Amendments
Exhibit A-5
Page 8 of ?5
(Ord. 2920 § 11, 2005; Ord. 2892 § 1, 2005; Ord. 2864 § 4, 2004; Ord. 2840
§ 2(Exh. C), 2003).
'.17.46.050 Notice requirements.
A. Commercial, Multifamily, and Mixed Use Design Review.
', 1. Notice of application for design review shall conform with the
'requirements of PTMC 20.01.150. Notice shall be posted in the manner
!prescribed by PTMC 20.01.160.
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,
!particularly as set forth in PTMC 20.01.150 and 20.01.160. (Ord. 2982 § 17,
'2008; Ord. 2920 § 4, 2005; Ord. 2864 § 4, 2004; Ord. 2840 § 2(Exh. C), 2003).
17.46.060 Permit review process -Administrative review (Type IAI.
A. Projects falling under the criteria of PTMC 17.46.030(A) iasluding~
'4~4&-93A(S)-shall be reviewed administratively by DSD staff. Staff shall work
(with the proponent to address design development as an integral part of the
!permit review process. The director may require that review with the advisory
',committee is warranted per PTMC 17.46.070.
B. DSD staff shall coordinate design review with review of infrastructure
'requirements and street frontage improvements required for project. (Ord. 2920
§ 12, 2005; Ord. 2892 § 1, 2005; Ord. 2864 § 4, 2004; Ord. 2840 § 2(Exh. C),
2003).
17.46.070 Permit review process -Review by design committee (Tyge II and
;111 .
A. Projects meeting the criteria of PTMC 17.46.030(8) and cottage housing
H ., .r .,.+ ~.e h„~ tie.,.. ...,ems+~,~ .,e. o-r~nr ~~ ~a n~nrr~
?.developments ..~~~.,, ~ __r_•-_._ .._- ---...=~------ ~- ~ - - - ---~-~
'shall be reviewed by a design review advisory committee established per
'.Chapter 2.73 PTMC. Projects shall be considered in the following manner:
1. Staff shall first meet with the applicant to identify and work out design
i issues.
2. When the proposal has sufficiently addressed the design guidelines
:identified at the pre-design meeting, staff shall schedule a meeting with the
;applicant and the advisory committee. The meeting shall occur during business
',hours unless all participants agree to an alternate time. DSD staff shall
8
Additions to Procedural Amendments
Exhibit A-6
Page 9 of 75
'coordinate design review with review of infrastructure requirements and street
:frontage improvements required for project.
3. The design review advisory committee shall meet once with the
;applicant or his/her representative. The design review meeting shall consist of a
;presentation by the project proponent that focuses on how the proposed design
meets the criteria of the design guidelines. The committee will ask clarifying
.questions and take public comment if it chooses. The committee shall review
:how the proposed project meets the identified guidelines, and if a departure from
.'.the standards has been requested, if it is appropriate. The committee shall
','provide a recommendation to the DSD director/Hearing Examiner for approval,
',approval with conditions, or denial.
4. The meeting is open to the public; public testimony is not solicited but
'may be accepted at the discretion of the committee.
5. Meetings will not be continued except at the request of the applicant.
'.The proponent may request additional meetings with staff and/or the committee,
!for instance, in circumstances where a departure has not been favorably
!.received, and the applicant has subsequently made extensive revision and
'desires reconsideration of-his request. Should the proposed project be found to
';have one or more guidelines that have not been successfully addressed, the
'committee or staff will work with the applicant to remedy, if possible, the identified
(circumstance. If it is not possible to come to a workable solution, the committee
!may recommend denial of the proposal. (Ord. 2920 § 12, 2005; Ord. 2892 § 1,
2005; Ord. 2864 § 4, 2004; Ord. 2840 § 2(Exh. C), 2003).
:17.46.080 Design standard departures.
A. A "departure" is a request by the applicant to meet or exceed a particular
design guideline "objective" through the use of a technique or standard not
:otherwise listed under the applicable design guideline.
B. Departures from the architectural and site design standards of Chapters
:17.34, Cottage Housing Development; 17.36, Multifamily Residential
:Development; and 17.44, Commercial and Mixed Use, may be permitted for
cottage housing, multifamily, commercial, and mixed use projects as part of the
design review process. In order for a departure from development standards to
'be allowed, an applicant must demonstrate that the overall development,
'including departures from the design standards, would better serve the public
'interest, and a finding shall be made in the affirmative that each proposed
'departure meets or exceeds the intent of the respective design guideline as
':compared to a strict application of the established standard. Through the design
.review process established by this chapter, departures may be allowed from the
,following design guideline standards:
1. Building setbacks;
', 2. Window glazing and building transparency;
3. Off-street parking location;
4. Site grading and tree conservation;
5. Neighborhood scale;
6. Facade modulation and roof articulation;
9
Additions to Procedural Amendments
Exhibit A-6
Page 10 of 15
', 7. Building exterior materials and colors;
8. Landscape and screening;
9. Pedestrian walkways;
10. Building (including canopy) design;
11. fighting;
12. Location and design of support/mechanical elements;
13. Building height in cottage housing developments,
14. Minimum building/dwelling unit separation in cottage housing
:developments (attached cottages);
15. Open space (including private open space) requirements in cottage
';housing developments;
', 16. Exterior building materials standards (including trim and roof eave
!design in cottage housing developments);
', 17. Covered main entries in cottage housing developments;
18. Signs in C-I, C-II, and C-II(H) zoning districts to exceed 17-foot height
!limit, subject to the unanimous recommendation of those advisory committee
!members present;
19. Block sizes, building separation, and street layout in commercial and
'mixed use short plats, subdivisions, and binding site plans;
20. Building height for towers of up to 100 square feet in plan view may
be allowed to exceed the height limit of the applicable zoning district by up to 10
!feet;
21. Minimum building separation in the C-II general commercial zoning
'district when multiple buildings, if attached, would exceed a ground floor area of
'40,000 square feet where the separation is proposed to be less than 60 feet and
',will be used for pedestrian and emergency vehicle use only.
', C. Departure Approval Process. ~e-be-appreaed Before a departure can be
!approved by the Director the Director shall first receive and consider the
'recommendation of the advisory committee ,
h h+ + nri+~• rnnnmmr.nrlnAnn of ~nnrnv°I frnm 4h
y ' irn nJ J rr
~ `tl^~o
R
5 4
4 ~
3 3
rlnnnr+n rn if hn n chn nnnh rlr... ihn+ n ,nh rl.~ nr1, .r° rl nr.c nn+ mnn++hn nri+nrin
^°°^"'^°~(Ord. 2920 § 1, 2005; Ord. 2864 § 4, 2004; Ord. 2840 § 2(Exh.
C), 2003).
10
Additions to Procedural Amendments
Exhibit A-6
Page 11 or 15
:17.46.090 Outcome of review.
A. A completed review form or checklist will comprise the recommendation
:from staff or the design advisory committee to the DSD director, or to the hearing
:examiner in the case of Type III/CUP cottage housing developments, including
:whether the departure provisions have been invoked.
staff/committee recommendation in the SEPA threshold determination, and, he or
C~. The director, or hearing examiner for Type III/CUP cottage housing
developments, shall not act upon the recommendation of the design review
committee for a period of seven days. During this seven-day period, interested
citizens or aggrieved parties may request in writing a "reconsideration" of the
advisory committee recommendation. Such reconsideration requests shall be
made in writing, shall state the reasons why a reconsideration request is made,
and the relief sought. Upon review of the advisory committee's recommendation,
and after reviewing any requests for reconsideration, the director or hearing
examiner may:
1. Issue the design review permit^°a~~^^*° ^F ~°•^°•~~, including any
modifications, conditions, or denial of approval; or
2. Return the project to the advisory committee with directions for
additional review.
DS. The decision maker (DSD director or hearing examiner) may not
incorporate a departure into a desion review permit without first having received
D. Desion review permit conditions shall be incorporated into associated land
ae and/or building permit. ~ ' ~ ~ '
E. No building permit shall be issued for a project subject to review under this
iapter until such a design review permit^°•*~, aa=~has been issued. (Ord. 2920
5, 2005; Ord. 2892 § 1, 2005; Ord. 2864 § 4, 2004; Ord. 2840 § 2(Exh. C},
17.46.095 Advisory committee review of building permits.
Upon a receipt of a complete building permit application that has been
'previously reviewed by the advisory committee, the advisory committee shall be
'contacted and afforded an opportunity to review the completed building permit
:application for conformity with the design review permit^°,+,f•^^*° ^s .°.,,°..,
:issued for the project. The purpose of this review is to identify any
'inconsistencies between the design review permit''^^' ^°~*~'~^~*° ^' •°••'°•~~ and
11
Additions to Procedural Amendments
Exhibit A-6
Page 12 of 15
!the completed building permit application. Any inconsistencies shall be remedied
',prior to issuance of the building permit. This review process shall not interfere
!.with the normal processing timelines for building permit applications. (Ord. 2920
§ 9, 2006).
'17.46.100 Variance criteria.
', In the event the applicant believes that, due to extraordinary circumstances
!and unique attributes of the site, it is impracticable or impossible to comply with
he provisions of this chapter, the applicant may apply for a variance. The
:variance application shall be reviewed in accordance with Chapter 17.86 PTMC,
as a minor variance application. (Ord. 2864 § 4, 2004; Ord. 2840 § 2(Exh. C),
'2003).
',17.46.110 Gerti#isate-ef Desian review ep rmit conditions to run with the
land.
', The conditions of the ^°~*~f~at~ f design review ep rmit granted pursuant to
',this chapter shall remain in force upon a change of ownership of the site,
',business, service, use or structure which was the subject of the permit
;application. Changes to any design aspects regulated by Chapter 17.44 PTMC,
,Commercial and Mixed Use Design Standards, Chapter 17.34 PTMC, Cottage
'.Housing Developments Design Standards, or Chapter 17.36 PTMC, Multifamily
'.Design Standards, must be approved by the DSD director. (Ord. 2892 § 1, 2005;
'.Ord. 2864 § 4, 2004; Ord. 2840 § 2(Exh. C), 2003).
17.46.120 Enforcement.
Repealed by Ord. 2952. (Ord. 2892 § 1, 2005; Ord. 2864 § 4, 2004; Ord. 2840
§ 2(Exh. C), 2003).
7. Allows Director to waive pre-application conference.
Article II. Type I - IV Project Permit Applications
!20.01.090 Preapplication conference.
A. Mandatory Conference. Applications for project permit Type I actions proposing
impervious surfaces equal to or exceeding 5,000 square feet and/or nonsingle-family
structures 5,000 square feet or over, Type II and Type III actions shall not be accepted by
the director unless the applicant has scheduled and attended a preapplication conference.
The purpose of the preapplication conference is to acquaint the applicant with the
requirements of the Port Townsend Municipal Code and to allow the director to provide
the applicant with preliminary comments based upon the applicant's preliminary sketch
of the proposal. The director may waive this preanplication conference requirement if an
annlieant demonstrates, to the director's satisfaction, experience with the requirements of
the PTMC requirements and process that would render the nreannlication conference
12
Additions to Procedural Amendments
Exhibit A-6
Page 13 of 15
unnecessary.
18.16.140 Final plat application.
C. Applications for final plat approval shall be submitted within #ive-seven years
of the date of the preliminary plat approval, unless an extension is granted
pursuant to PTMC 18.16.150.
18.16.150 Time limitation on final plat submittal.
A. The original and two copies of a final plat meeting all requirements of
Chapter 58.17 RCW shall be transmitted by the director to the city council within
'#ive-seven years of the date of the preliminary plat approval. DSD shall not be
'responsible for notifying the applicant of a pending preliminary plat expiration.
'.Preliminary plats may receive an unlimited number of subsequent three-year
',extensions in accordance with the following criteria:
!18.16.160 Effect of an approved final plat- Valid land use.
', Any lots in a final plat filed for record shall be a valid land use notwithstanding
'any change in zoning laws for a period of #+ve-seven years from the date of filing.
A subdivision shall be governed by the terms of approval of the final plat, and the
';statutes, ordinances and regulations in effect on the date of preliminary plat
',approval for a period of #+ve-seven years after final plat approval uhless the city
'council finds that a change in conditions creates a serious threat to the public
'.health or safety of residents within or outside the subdivision. (Ord. 2572 § 2,
1997).
:19.05.040 Critical area permit requirements -Exemptions, nonconforming
:structures, application requirements, special reports, and advance
determinations.
....
', C. Exemptions.
3. An application for a building permit fora lot within a development for
which a critical area permit or shoreline permit stady meeting the requirements of
this chapter has been issued by the city; provided, that
the previous approval study evaluated the type and extent of development
.proposed to occur on the lot; and provided further, that the proposed
',development adheres to the permit conditions
13
Additions to Procedural Amendments
Exhibit A-6
Page 14 of 15
the-statty. Other studies, such as SEPA documents or studies, may also be
',accepted by the director if found to meet the requirements for critical areas
E. Application Requirements and Delineations.
b. Preapplication Consultation. Any person intending to apply for a critical areas
permit is required to meet with the DSD staff during the earliest possible stages
of project planning in order to discuss impact avoidance, minimization or
compensation before large commitment have been made to a particular project
i. Tvpe I actions proposing impervious surfaces equal to
or exceeding 5..000 square feet and/or nonsinale-family structures
5,000 square feet or over;
ii. Tvpe I-A Design Review;
iii. Tvpe II and Tvpe III actions
experience with the requirements of the PTMC requirements and process that
would render the preapplication conference unnecessary.
H. Hold Harmless Agreement. Unless waived by the DSD Director upon a finding
that no useful purpose would be served, tThe owner of a property containing
critical areas on which a development proposal is submitted, except a public
right-of-way or the site of a permanent public facility, shall file an agreement
approved by the director and recorded with the Jefferson County auditor
assessor prior to the issuance of any permit or preliminary approval of a short
plat or subdivision. Said agreement shall be in a form approved by the city
attorney, shall hold harmless and indemnify the city and its employees from and
against any liability for damages to persons or property as the result of
construction or other action undertaken by the applicant on the subject property,
and shall run with the land for a period of at least three years from completion of
the work and be binding on the applicant and his/her successors and assigns.
I. Record Notice of Presence of Critical Area.
14
Additions to Procedural Amendments
Exhibit A-6
Page 15 of 15
1. Unless waived by the DSD Director upon a finding that no useful purpose
would be served, the owner of any property with a field verified presence of
critical areas or their associated buffers pursuant to this chapter on which a
development proposal is submitted and acted upon shall record a notice of
presence of critical areas with the Jefferson County auditor in a form approved by
the city attorney. Such notices shall provide notice in the public record of the
presence of a critical area or its buffer, the application of this chapter to the
property, and that limitations on actions in or affecting such critical areas and
their buffers may exist. The notice shall be notarized and shall be recorded prior
to approval of any development proposal for such sites.
15
Minor Housekeeping Changes to
Ordinances 3026, 3034, 3035, 3037, 3038 and 3039
(Adopted by Counci109/07/10)
LIST OF REVISIONS
Minor Housekeeping Revisions to Recently Adopted Ordinances 3026 -
Administrative Procedures (July 19, 2010), 3034 -Height Overlay (March 1, 2010),
3035 -Zoning Code Amendments (June 21, 2010), 3037 -Historic Preservation
Code (Ch. 17.30 PTMC) (Jaly 19, 2010), 3038 -Bulk and Scale (July 19, 2010), and
3039 -Building Code (June 7, 2010)
(1) Ordinance 3026 -Administrative Procedures (July 19, 2010)
(a) PTMC 1.14.020(C) on code enforcement and 20.02.010 on code
interpretations contain cross-references to Title 15 (Fire), which has been
repealed when the fire code and building code were consolidated into Title 16.
The edits delete the references to Title 15.
(b) PTMC 2.14.050(C) on hearing examiner duties contains across-reference to
PTMC 8.04.272 on dangerous dogs. That section has been repealed. The edit is
to change PTMC 8.04.272 to "Chapter 8.04 PTMC, Article V" where hearings
and appeals are discussed.
(c) Ordinance 3026 renumbers PTMC 20.01.310 as 20.01.295. The edit is to
update the relevant cross-references in PTMC 20.01.235(E)(3), 20.01.260 and
20.02.050.
(d) PTMC 17.46.030 (Cottage Housing) was amended by Ordinances 3026 and
3035. Minor inconsistencies resulted. The inconsistencies are resolved by the
edits to PTMC 17.46.030 set forth at the end of this List under "Ordinance 3035
and 3026 Reconciled."
(e) PTMC 20.01.100(C) on requirement for permit applications begins, "In
addition to the requirements set forth in subsection A of this section...."
Subsection A is an introductory section, and the substantive requirements are set
forth in subsection B. The edit is to change "subsection A of this section" to read
"subsection B of this section."
(f) PTMC 20.01.100(C)(1) on permit applications and 20.02.010 on code
interpretations contain references building code requirements adopted by PTMC
16.04.010. In these two sections, the edit is to change the cross-references from
"16.04.010" to "16.04.020," since the building codes are adopted in PTMC
16.04.020.
(g) PTMC 19.05.050(H) changed an existing reference from "assessor" to
"auditor" (to accurately state where documents are recorded). In making the
change, the text, in adding "auditor," inadvertently did not strike out "assessor"
The edit is to delete "assessor," and leave in "auditor."
(2) Ordinance 3034 - 3034 -Height Overlay (March 1, 2010)
Minor Housekeeping Changes to
Ordinances 3026, 3034, 3035, 3037, 3038 and 3039
(Adopted by Council 09/07/10)
The ordinance adds a Footnote (2) to the table in PTMC 17.28.030. The footnote
reads, in part, "...(and even though PTMC 17.28.040 provides that "in the event
of a conflict between the provision of the special height overlay district and the
provision of the underlying zone, the more restrictive height limit shall apply")."
The quoted text is not an exact quote of PTMC 17.28.040. The edit is to delete
the quotation marks.
(3) Ordinance 3035-Zoning Code Amendments (June 21, 2010)
Section 11 of the ordinance amended PTMC 18.08.020 to read: "The lot lines
separating two or more lots of record may only be adjusted under the provisions
of this chapter, except as provided under RCW 58.17.040, as now adopted or
hereafter amended." Only the first sentence of the section (the one being
amended) was set out in the ordinance. The question is whether the ordinance
intended to repeal the balance of the section. It did not (since the change in the
ordinance was only adding the "or more" to the first sentence). The edit is clarify
the section reads in its entirety, "The lot lines separating two or more lots of
record may only be adjusted under the provisions of this chapter, except as
provided under RCW 58.17.040, as now adopted or hereafter amended. Actions
which change or impair conditions or requirements imposed by previous platting
decisions must be accomplished pursuant to the subdivision requirements set
forth in this title; provided, that all requirements set forth in this chapter are met,
lot line adjustments proposing lot reorientations shall be deemed to be minor in
nature."
(4) Ordinance 3037 -Historic Preservation Code (Ch. 17.30 PTMC) (July 19,
2010)
(a) PTMC 17.30.100. The introductory paragraph of this section reads, "This
section applies to completed applications for a certificate of approval, except it
does not apply to completed applications for a certificate of approval [for]
alterations or changes to secondary residential structures, which do not require
HPC review and recommendation." The edit is to add the word "for" shown in the
[...].
(b) PTMC 17.30.158(A)(3). In the ordinance, this subsection contains
subsections (a), (b) and (c). Given that subsection (a) functions as an
introduction to (b) and (c), the edit is to combine subsection (a) with the
subsection header and to re-letter (b) and (c) as (a) and (b). The subsection now
reads:
" 3. Accessory Structures. Accessory structures such as garages, ADUs or
other similar structures shall be located to the rear or side of the subject
property consistent with the following requirements:
a. Proposed accessory structures shall be set back a minimum of 10 feet
Minor Housekeeping Changes to
Ordinances 3026, 3034, 3035, 3037, 3038 and 3039
(Adopted by Council 09/07/10)
from the building line of the principal historic facade(s).
b. In the case of historic residences that are located on corner lots that
have two principal historic facades, accessory structures shall be
permitted on the side containing a principal historic facade; provided, that
their proposed location minimizes view blockage of the historic facade
from the adjacent public right-of-way."
(c) PTMC 17.30.159(6) contains atypo - it refers to a table at "Table 17.60.030"
(a non-existent table and reference). The edit is to change this to the correct
reference, namely, "Table 17.16.030."
(d) PTMC 17.30.320(A) reads,
"A. General Requirements. Prior to the partial or complete demolition (as
defined in PTMC 17.30.310) of a building or structure regulated under this
chapter, the applicant must obtain a certificate of approval for [both] the
proposed demolition."
This subsection was previously codified as PTMC 17.30.060(A), the end of which
read, "...the applicant must obtain a certificate of approval for both the proposed
demolition and any proposed replacement development." The edit is to omit the
word "both." Later sections provide the requirement for design review for a
replacement building only applies to the demolition of a commercial building (if
demolition is allowed for stated criteria) and not to residential buildings.
(c) Chapter 17.30 PTMC, Article III, Demolition Standards. Several of the
sections in this article contain references to "this section," which date back to
when several of these sections were codified together as PTMC 17.30.085. The
edit is to change the references so that they now read "this article." Edits are at
PTMC 17.30.340, 17.30.350, and 17.30.360(4) and (5).
(d) PTMC 17.30.400(C) reads, in part, "In the event the director determines a
structure [is experiencing demolition by neglect is occurring], the director is
authorized to give notice to the owner and/or person in charge of the specific
instances of failure to maintain or repair, in accordance with the procedures in
Chapter 1.20 PTMC, Code Administration and Enforcement." The edit is to
remove "is occurring" as extraneous language in the bracketed text.
(e) PTMC 17.30.400(C) reads, in part, "Except in cases of life-safety or
emergency, or in cases where the owner has ignored or failed to [copy] with past
notices, the director shall seek voluntary compliance and provide at least 60 days
for voluntary correction to occur or for a plan proposed by the owner with time
frames for correction to be approved by the director." The edit is to change the
bracketed word to "comply" to reflect the obvious intent.
(f) At PTMC 17.30.155(A)(2), the beginning of the second sentence of this
subsection reads, "Redevelopment and/or additions of to existing buildings..."
Minor Housekeeping Changes to
Ordinances 3026, 3034, 3035, 3037, 3038 and 3039
(Adopted by Counci109f07/10)
The edit is to delete the word "of." (The word "of" does not belong after
"redevelopment" because redevelopment is not limited to redevelopment of
buildings, but can also include site redevelopment.)
(5) Ordinance 3038 -Bulk and Scale (July 19, 2010)
Table 17.16.030 is amended by Ordinances 3035 (June 21, 2010) and 3038
(July 19, 2010). In amending the Table, Ordinance 3038 did not refer to
amendments made by Ordinance 3035 (which could allow a statutory
interpretation argument that Ordinance 3038 impliedly repeated the amendments
in Ordinance 3035). The edit is to retain all the Ordinance 3035's amendments
("MINIMUM AVERAGE HOUSING DENSITY -units per 40,000 square foot area
row, the "MINIMUM LOT SIZE" row, the "MAXIMUM FENCE HEIGHT"" row, and
Footnote (1), and then follow Ordinance 3038.
(S) Ordinance 3039 -Building Code (June 7, 2010)
(a) Ordinance 3039 adopted the 2009 International 3uilding Code in Exhibit A to
the Ordinance. The Ordinance mistakenly also referred to a nonexistent Exhibit
B. The edit is to remove the reference to Exhibit B in Ordinance 3039.
(b) Ordinance 3039 (at PTMC 16.04.100) inadvertently cited to a section that had
been repealed and then amended by Ordinance 2952 (March 31, 2008). The
edit is to remove the incorrect citation (which reads: "Any person who violates
any provision of this Chapter shall be subject to the penalties and enforcement
provisions of Chapter 20.10 PTMC.") and replace it with the amended text
adopted in Ordinance 2952, which reads as follows:
"A. Director's Authority. Whenever the DSD director or his or her designee
("director") determines that a condition exists in violation of this chapter or
any standard required to be adhered to by this chapter, or in violation of
any permit issued hereunder, he or she is authorized to enforce the
provisions of this chapter.
B. Chapter 1.20 PTMC Applicable. All violations of any provision of this
chapter or incorporated standards, or of any permit or license issued
hereunder, are made subject to the provisions of Chapter 1.20 PTMC,
including but not limited to abatement, criminal penalty, and civil penalty,
which are incorporated by reference as if set forth herein."
(7) Other Item.
PTMC 9.09.060 (part of the Noise Code) is not amended by this batch of
ordinances, but it appears on one of the pages that is amended. The section
contains two incorrect cross-references to "Chapter 9.11 PTMC, Voluntary
Resolution Procedures." That edit is to change the incorrect reference to
"Chapter 2.82 PTMC Dispute Resolution Program."
Minor Housekeeping Changes to
Ordinances 3026, 3034, 3035, 3037, 3038 and 3039
(Adopted by Council 09/07/10)
"Ordinance 3035 and 3026 Reconciled."
17.46.030 Applicability and Permit Review Process: Standards
Unless otherwise subiect to historic design review process in PTMC 17.30
(Historic Preservation), aAl{ projects in the C-{, C-II, C-II(H), CI/MU, and C-11lMU
zones, cottage housing
developments, as well as multifamily projects in any zone regardless of their
location or form of ownership ~~^F'^~•^'~•° ^^° ^"~°'^"^~~•~^^ ^~^ shall be subject
to the design review process contained within this chapter and processed in
below:
A. Tvpe IATrasIF~-Administrative Review Pursuant to PTMC 17.46.060.
1. Commercia{ and Mixed Use Projects.
a. New buildings, canopies or other structures that exceed 1,000 square
feet and are less than 4,000 square feet in size or no more than two stories
above Grade; or
b. Buildings, canopies, or other structures, the expansions of which either:
i. Exceed 1,000 square feet in size and are less than 4,000 square
feet; or
ii. Comprise a ground floor expansion exceeding 50 percent of an
existing building's ground floor square footage; or
c. Substantial alterations of existing structures, where the existing
structure exceeds 1,000 square feet and are less than 4.000 square feet;
d. Alterations to exterior facades of buildings that require a building permit,
(including but not limited to new or altered exterior electrical or mechanical
systems such as pole mounted or other light fixtures) excepting that not
including ordinary (i.e., nonemergency) maintenance and repair activities
may be granted; provided, (i) that a waiver of design review has first been
obtained from by the director. All work, even that qualifying for a waiver
from the review process, must be conducted in accordance with and (ii) all
applicable code requirements are met, including architectural design
standards of Chapter 17.44 criteria for buildings subject to review under this
chapter.
2. Multifamily projects
a. Including construction of apartments, townhouses, row houses or other
forms of
multifamily housing containing five to nine aS-units; or
Minor Housekeeping Changes to
Ordinances 3026, 3034, 3035, 3037, 3038 and 3039
(Adopted by Council 09/07/10)
b. Alterations to the exterior facades of buildings, (including but not limited
to new or altered exterior electrical or mechanical systems such as pole
mounted or other light fixtures) excepting that ordinary (i.e.,
nonemergency) maintenance and repair activities may be granted a
waiver of design review by the director. All work, even that qualifying for a
waiver from the review process, must be conducted in accordance with
applicable code requirements, including architectural design standards of
Chapter 17.36.
3. Cottage housing developments
Alterations to the exterior facades of buildings which are visible from
adjacent
properties or rights-of-way, including but not ;imited to new or altered
exterior electrical or mechanical systems such as pole mounted or other
light fixtures) excepting that ordinary (i.e., nonemergency) maintenance
and repair activities may be granted a waiver of design review by the
director, All work, even that qualifying for a waiver from the review
process, must be conducted in accordance with applicable code
requirements, including architectural design standards of Chapter 17.34.
From this point on -the revisions in 3026 are followed