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JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT UNIFIED DEVELOPMENT CODE
TYPE III LAND USE PERMIT
APPLICANT: Pomona Woods LLC PO Box 145 Port Hadlock WA 98339-0145 DATE ISSUED: December 28, 2022 DATE EXPIRES: November 18, 2025 CASE NUMBER: ZON2021-00040 / MLA21-00066 PROJECT PLANNER: H. Smith PROJECT DESCRIPTION: TYPE III CONDITONAL USE PERMIT FOR A SMALL-SCALE RECREATION AND TOURIST USE RETREAT CENTER - Pomona Woods LLC (“the applicant”) proposes to construct a commercial, small-scale recreation and tourist use retreat center (“Pomona Woods”) along Oak Bay Road in Port Hadlock, Washington. The Pomona Woods Retreat Center would accommodate guest reservations for group activities such as yoga retreats, business group retreats, and corporate or not-for-profit strategic planning. Rooms would not be reserved for individual guests. The 7,155-square-foot Pomona Woods Retreat Center proposes twenty-four rooms, a commercial kitchen to serve guests three meals a day, and would accommodate a maximum of thirty-five guests and seven employees. A caretaker residence (for two on-site caretakers), septic system, main parking lot (29 stalls), caretaker parking area (2 stalls), lawn area, one access road, and one entrance sign are also proposed to serve the retreat center. The proposal would create 53,497 square feet of new impervious surface. All work would be conducted on a vacant, heavily forested property. There are four Category IV Wetlands, two Type “Ns” Streams, and a Coastal Saltwater Intrusion Protection Zone located on or adjacent to the subject property. The applicant has submitted a State Environmental Policy Act (SEPA) Environmental Checklist, Critical Areas Report, Stormwater Pollution Prevention Plan, Custom Soil Resource Report, and Class IV General Forest Practices Application in conjunction with the Conditional Use Permit (CUP) application (Type III). The proposal is subject to SEPA review; a threshold Determination of Non-Significance (DNS) was made on August 31, 2022. HEARING EXAMINER DECISION: A two-day, open-record hearing was held before Hearing Examiner Gary N. McLean on September 26 and 27, 2022, which included testimony and evidence concerning the CUP application, as well an appeal of the SEPA DNS. The Hearing Examiner denied the SEPA appeal, affirmed the challenged DNS, and approved the CUP application, subject to conditions, through a decision dated November 18, 2022. The Jefferson County Department of Community Development (DCD) issues this Type III Land Use Permit following settlement of permit review charges assessed to the applicant. The Hearing Examiner’s Conditions of Approval are incorporated herein. The permit expiration date is three years from the date of the Hearing Examiner decision, per Condition 42. PROJECT LOCATION: Parcel # 921183008 & 921183002; Section 18 - Township 29N - Range 1E; Oak Bay Road, Port Hadlock, WA 98339
CONDITIONS: APPROVAL: This Type III Conditional Use Permit authorizes development and operation of a commercial, small-scale tourist and recreation center on the above-referenced parcels located along Oak Bay Road, in the Port Hadlock area of unincorporated Jefferson County, Washington, as described in the Staff Report (Ex. 53) and in substantial conformance with the approved stamped site plan included in the record as Exhibit 45. Any future changes or modifications in uses, operations, facilities, or activities on this site are subject to review for consistency with then-applicable codes and ordinances and does not preclude subsequent reviews or determinations that new or additional permits are needed, all of which may be subject to specific, additional conditions placed on such permits or approvals needed to authorize future modifications or changes at the site. 1. BUILDING PERMITS: The applicant shall obtain approved building permits to include Fire Code review and a Stormwater Plan reviewed by the Jefferson County Department of Public Works for the construction of the proposed retreat center and caretaker residence that is consistent with any CUP conditions of approval and shall ensure that stormwater best management practices are in place before any construction activities take place. 2. DNR-FPA/N: The applicant shall apply for and obtain a Class IV General Forest Practices Permit (FPA) from the State Department of Natural Resources and associated Stormwater Management Permit from Jefferson County prior to beginning any clearing, grading, or other land-disturbing activities. Failure to obtain the Class IV General FPA Permit shall result in a 6-year development moratorium being placed on the property.
3. ECOLOGY – SOLID WASTE MANAGEMENT: All grading and filling of land must utilize only clean fill. All other materials may be considered solid waste and permit approval may be required from the local jurisdictional health department prior to filling. All removed debris resulting from this project must be disposed of at an approved site. Contact the local jurisdictional Public Health department for proper management of these materials. 4. ECOLOGY – WATER QUALITY/WATERSHED RESOURCES UNIT: Erosion control measures must be in place prior to any clearing, grading, or construction. These control measures must be effective to prevent stormwater runoff from carrying soil and other pollutants into surface water or storm drains that lead to waters of the state. Sand, silt, clay particles, and soil will
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damage aquatic habitat and are considered to be pollutants. 5. ECOLOGY – WATER QUALITY/WATERSHED RESOURCES UNIT: Any discharge of sediment-laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48 RCW, Water Pollution Control, and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action. 6. ECOLOGY – ADDITIONAL PERMITS: The applicant shall contact the Washington State Department of Ecology to determine if additional permits or studies are required. Construction site operators must apply for a permit at least 60 days prior to discharging stormwater from construction activities and must submit it on or before the date of the first public notice. 7. ENVIRONMENTAL HEALTH – SEPTIC SYSTEM: The applicant shall obtain an approved septic system permit from Jefferson County Environmental Public Health prior to approval of the building permit application. The proposed septic system is sized for a peak flow of 3,487.5 gallons per day to serve the 24-room retreat center, kitchen, and caretaker’s unit. Maximum guest occupancy is 35 guests in the retreat center; rooms may be occupied in single and double occupancy capacity so long as no more than 35 guests total are on site at a given time. Use of other rooms for sleeping or additional guests will exceed the design capacity of the septic system and will cause premature failure of the septic system. Any additional guests beyond the 35-guest occupancy limit will be considered a violation to this permit approval. 8. ENVIRONMENTAL HEALTH – SEPTIC SYSTEM: The kitchen facility is permitted and designed to process wastewater from the retreat center guests only. It is sized such that it can process the wastewater from a maximum of 35 guests being served three meals per day. Additional meals or additional guests will exceed the design capacity of the septic system and cause premature failure of the septic system and will be considered a violation to this permit approval. Any other use of the kitchen facility has not been reviewed or approved and will also be considered a violation to this permit approval. 9. ENVIRONMENTAL HEALTH – POTABLE WATER: The conditional use for this project is approved for available potable water provided that there is an appropriately approved and installed water main extension from the Quimper Water System #05783 to serve the project. Future building permits will not be approved for available potable water unless the water tap is located on the subject parcel and connection is available. 10. ENVIRONMENTAL HEALTH – POTABLE WATER: Potable water supply and sewage disposal facilities adequate to serve the proposed use shall be provided. Occupancy shall not be permitted before water supplies and sewage disposal facilities are approved and installed. 11. ANNUAL INSPECTIONS: The applicant or successor in ownership shall pay for and authorize annual inspections for fire suppression systems as all other commercial properties in Jefferson County by the Fire District or County approved fire specialist. 12. A revised Geologic Hazard Assessment, prepared by Stratum Group (received November 22, 2021) was submitted in conjunction with this application. The professional geologist assessed the risk of landslide and erosion at the subject property. Stratum Group concluded the subject properties are not at risk from landslides or erosion, and development will not increase the risk of landslides or erosion as long as the recommendations of the 2021 Geologic Hazard Assessment are followed. The applicant shall follow geotechnical recommendations provided in the 2021 Geological Hazard Assessment: a. Grading for the road shall be done in a manner consistent with standard grading practices and consistent with the Department of Ecology’s Stormwater Management Manual for Western Washington for pollution prevention; b. Grading and angling the road up the slope to meet desired grade shall be accomplished particularly from the area on the northeast part of the site; c. Stormwater from the access drive and buildings shall be fully dispersed consistent with the Stormwater Manual, and based on the size of the property, forested condition, and soil types, this can be readily accomplished; and d. For building foundations, soil bearing of 3,000 psf may be used as long as foundation footings are placed on un-weathered glacial till. 13. PRIOR TO FINAL BUILDING OCCUPANCY, PROPONENT SHALL SUBMIT A WRITTEN LETTER FROM THE GEOLOGIST (STRATUM GROUP) THAT PREPARED THE GEOTECHNICAL REPORT DATED JULY, 14 2021, STATING THAT THE STRUCTURE AND/OR FACILITIES HAVE BEEN CONSTRUCTED IN CONFORMANCE WITH THE REQUIREMENTS OF THE "GEOTECHNICAL REPORT." THE LETTER SHALL BE STAMPED BY THE LICENSED GEOLOGIST/ENGINEER. 14. A Critical Areas Report and Upland Restoration Memorandum, prepared by Wet.land LLC (dated July 22, 2022) were submitted in conjunction with this application. Two Type “Ns” Streams and four Category IV Wetlands were delineated on or adjacent to the subject property. Wet.land determined that no direct, permanent impacts to any wetlands, streams, or buffers will result from the project. The applicant shall follow recommendations and best management practices provided in the 2022 Critical Areas Report and Upland Restoration Memorandum. 15. The applicant shall implement the 374-square-foot buffer restoration plan and follow the Mitigation Map (Figure 5) and Buffer Planting Specifications (Figures 6-7) provided in the 2022 Critical Areas Report to mitigate for Wetland E buffer impacts. 16. The applicant shall follow the 1,978-square-foot restoration plan and implement the Existing Conditions & Restoration Plan (Figure 1) and Restoration Specifications (Figure 2) provided in the 2022 Upland Restoration Memorandum to restore temporary approach areas not included in the proposed driveway location. The upland restoration shall occur outside of all critical areas and shall follow a maintenance plan with contingency measures. 17. All four Category IV Wetlands will require a buffer of 50 feet for high-intensity land uses. The buffers shall be measured horizontally from the outer wetland boundary. Wetlands also have building setbacks established. No filling, grading, clearing, or other alteration of the wetlands or their buffers is allowed.
18. The two identified Fish and Wildlife Habitat [Conservation] Areas (Type “Ns” Streams) shall maintain a vegetative buffer setback of 50 feet. The setbacks shall be measured horizontally from the Ordinary High-Water Mark (OHWM) to all ground disturbance areas. 19. A permanent physical separation of the wetland and stream buffer areas shall be installed and permanently maintained. The buffers shall be maintained in a natural condition. 20. The applicant shall install silt fencing or orange construction barrier fencing around the 50-foot buffer of Wetland E and Stream 2 prior to all ground disturbance and construction activities to ensure that the wetland and stream are not altered during road
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and septic system construction. Placement of the silt fence or orange construction barrier fencing should be located based on the location of the wetland and stream as described in the 2022 Critical Areas Report. Wetland E and Stream 2 shall not be filled. 21. The project shall not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impacts existing uses in the vicinity of the subject parcel pursuant to JCC 18.20.350. 22. The applicant shall comply with the Olympic Air Quality District and East Jefferson Fire & Rescue [a.k.a., county fire district] to reduce or minimize smoke, fumes, and/or odors generated from retreat center operations, passenger vehicles, commercial trucks, and construction equipment. 23. A small outdoor fire pit is proposed to located outside of the retreat center facility. The applicant shall store sand buckets and install a water spigot adjacent to the fire pit to extinguish potential fires. The fire pit shall only be used if winds are below 15 mph and if there are no county burn bans in effect at that time. The applicant shall manage surrounding vegetation to ensure no overhanging vegetation will be located near the fire pit. 24. The applicant shall implement best management practices to limit noise impacts to existing uses in the vicinity of the subject parcel and to avoid any public nuisance pursuant to JCC 8.70.050. Amplification shall not be allowed on site. Per the submitted SEPA Environmental Checklist (p. 13-14), the applicant shall implement the following best management practices to manage generated noise: a. Deliveries shall be scheduled and delivered during normal business hours (8:00 AM to 5:00 PM); b. No more than 35 guests may gather outside for team activities between 8:00 AM and 10:00 PM; c. 15 mph speed limit signs shall be posted along the driveway to minimize noise and protect the driveway; d. As part of final engineering, mechanical, and/or building permit reviews, the Permittee shall submit a report from a qualified acoustical consultant or mechanical engineer for review and approval by the Director, certifying that the selection and placement of – i) all HVAC system equipment; ii) laundry or cooking ventilation/exhaust fans, equipment, or vents; and iii) other mechanical features of the project that might reasonably be anticipated to generate outdoor noise exceeding typical background noise at the property – will be sufficient to satisfy applicable county noise standards, particularly as heard from property boundaries. The Director shall have discretion and authority to require compliance with or implementation of any HVAC/Mechanical Equipment-related best management practices or monitoring protocols recommended by the qualified professional in order to ensure ongoing compliance with county noise standards for the life of the project approved by this permit; e. Construction related activities shall be limited from 7:00 AM to 10:00 PM; f. Construction noise between 7:00 AM and 8:00 AM shall be minimized through conducting lower noise construction activities such as staging, team meetings, plan reviews, and material mobilization; g. Property owner shall monitor noise and other related impacts; h. Outdoor activities shall only occur from 8:00 AM to 10:00 PM. i. Quiet hours at the retreat center shall be enforced between 10:00 PM and 8:00 AM; and j. Guest contracts, website language, and guest orientations shall be appropriately implemented to emphasize the need to respect neighbors. 25. The applicant shall implement best management practices to limit dust related impacts to existing uses in the vicinity of the subject parcel. Per the submitted SEPA Environmental Checklist (p. 5), the applicant shall implement the following best management practices to manage generated dust: a. Ground stockpiles shall be covered with poly membrane in dry months and straw during the wet months;
b. Exposed soil and storage areas shall be sprayed with water during dry periods; and c. Construction entrances and roads shall be cleaned and maintained as weather and construction activities dictate. 26. The applicant shall implement best management practices to limit light and glare generated by the proposed structures. Per the submitted SEPA Environmental Checklist (p. 17-18), the applicant shall implement the following best management practices to manage light and glare: a. Outdoor safety lights shall be located lower than 20 feet and shall be aimed low; b. Outdoor safety lights shall be shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel; c. Outdoor safety lights shall be directed downward and away from adjoining properties; and d. Roll shades shall be installed on the retreat center windows to control light glare during nighttime hours. 27. The applicant is proposing 60,621 square feet of new impervious surface and 192,722 square feet of land-disturbing activities. The 2019 Stormwater Management Manual for Western Washington (“2019 SWMMWW”) requires proponents of proposals that create more than 5,000 square feet of new impervious surface develop a Stormwater Site Plan that complies with Minimum Requirements #1 - #9 of the 2019 SWMMWW. The applicant shall follow the JCPW Recommendations and Public Works Department Fees Requirement sections of the SEPA Review and Stormwater Site Plan Review and Comments Memorandum(s) dated September 30, 2021. 28. The Stormwater Site Plan/Stormwater Plan shall follow the requirements of the Unified Development Code (JCC 18.30.070) and the best management practices identified in the 2022 Critical Areas Report. 29. The applicant shall maintain a 50-foot landscaping buffer, as shown on the approved site plan revised November 22, 2021, for the life span of the proposal pursuant to JCC 18.30.130(8). The 50-foot landscaping buffer shall remain in natural condition,
shall be monitored to ensure the health of landscaping vegetation, and shall consist of a mix of primarily evergreen trees and shrubs generally interspersed to form a continuous year-round screen that grows to at least eight feet in height within two growing seasons pursuant to JCC 18.30.130. It is expressly understood that this Condition mandates “Screen-A” landscaping between the applicant’s property and any neighboring residential use, and that “Screen-A” landscaping is a “full screen” that functions as a visual barrier. (See JCC 18.30.130(3)(a).) The buffers may contain septic drainfield and reserve areas, necessary utilities, and approved road connections. Staff will inspect the buffers to determine adequacy prior to final building
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permit occupancy. No disturbance to the 50-foot landscaping buffer shall occur without review and approval by the Jefferson County Department of Community Development. 30. Walking trails shall not disturb the 50-foot landscaping buffer as shown on the approved site plan revised November 22, 2021. 31. All proposed signs shall adhere to sign standards in JCC 18.30.150. 32. Per the submitted SEPA Environmental Checklist (p. 14-17), the applicant shall implement the following best management practices s to manage on-site property signs: a. The directional sign shall not obstruct the line of sight along Oak Bay Road; b. Per JCC 18.30.150(h), the sign shall not exceed four (4) feet in height and eight (8) feet in width (32 square feet); c. Sign light fixtures illumination shall be shielded and directed in a manner not to adversely affect neighboring properties or create a hazard to on-coming Oak Bay Road traffic; and d. The applicant shall professionally survey the southern property line to define property boundaries and shall clearly mark every 50 feet with no trespassing signs to inform guests of adjacent private properties. 33. An approved Road Setback Variance Permit from the Jefferson County departments shall be required prior approval of the building permit application and prior to installation of any commercial sign within the 20-foot setback of the Oak Bay Road right-of-way. 34. The applicant states within 10 years after opening the business, they expect an average of 16 guests per day. The applicant is required to encourage car-pooling or transport services to reduce parking demand sufficient to meet on-site parking capacity. 35. The retreat center shall provide at least one space dedicated to ADA/handicapped compliance pursuant to JCC 18.30.100(1)(b). Parking spaces for physically handicapped needs shall comply with the current ADA Design Guide, Department of Justice, Disability Rights Section. 36. The applicant shall demonstrate compliance with assessable design requirements for the construction of lodging facilities that apply to the design of ADA hotel rooms. 37. Lodging operators shall not allow any person to occupy overnight lodging on the premises for more than three months in any year pursuant to JCC 18.20.350(9)(c). 38. New residential development shall not be permitted pursuant to JCC 18.20.350(9)(d). New residential development includes the subdivision or sale of land for year-round or second home residential housing that is owner-occupied or rented. 39. ARTIFACTS: All contractors and personnel shall be familiar with the inadvertent discovery plan as attached to this permit. If any possible historic, archaeological and/or cultural artifacts are inadvertently discovered, the applicant shall immediately stop all work on the project and shall notify the Washington State Department of Archaeology and Historic Preservation, Jefferson County Department of Community Development, and affected tribes. 40. For project adjacent or within 500 feet of Forest Land/Agricultural Land: Jefferson County has determined that the use of real property for agriculture and forestry operations is a high priority and favored use in the county. The county will not consider to be a nuisance those inconveniences or discomforts arising from such operations, if such operations are consistent with commonly accepted best management practices in compliance with local, state, and federal laws. If your real property includes or is within five hundred (500) feet of real property designated as Rural Residential 1:10 or 1:20, Rural Industrial, Rural Commercial, Agriculture, or Forestry, you may be subject to inconveniences or discomforts arising from such farming and forestry operations, including but not limited to noise, tree removal, odors, flies, fumes, dust, smoke, the operation of farm and forestry machinery during any 24-hour period, the storage and disposal of manure, and the application of permitted fertilizers and permitted pesticides. One or more of these inconveniences may occur as a result of agricultural and forestry operations which are in conformance with existing laws and regulations. 41. Any modifications, changes, and/or additions to the stamped, approved site plan dated August 31, 2022 shall be resubmitted for review and approval by Jefferson County Department of Community Development. Proposed changes may require modifications to the conditional use permit. 42. Pursuant to JCC 18.40.560, this conditional use permit automatically expires and becomes void if the applicant fails to file for a building permit or other necessary development permit within three years of the effective date (the date of the decision granting the permit) of the permit unless the permit approval provides for a greater period of time. Extensions to the duration of the original permit approval are prohibited. The Department of Community Development shall not be responsible for notifying the applicant of an impending expiration. 43. Pursuant to JCC 18.40.580, a conditional use permit granted under Article VIII of JCC Chapter 18.40 shall continue to be valid upon a change of ownership of the site, business, service, use or structure that was the subject of the permit application. No other use is allowed without approval of an additional conditional use permit. FINDINGS: 1.) See findings from the staff report to the Jefferson County Hearing Examiner under MLA21-00066. 2.) See Jefferson County Hearing Examiner decision document dated November 18, 2022 for MLA-21-00066. APPEALS: Appeal of a final decision by a hearing examiner is governed by JCC 18.40.340. The Hearing Examiner decision was issued on November 18, 2022. The issuance of this permit is the implementation of the Hearing Examiner’s decision; therefore, no independent appeal of this document is authorized by code. ______________________________________________ ______________ UDC Administrator Date DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street | Port Townsend, WA 98368 360-379-4450 | email: dcd@co.jefferson.wa.us www.co.jefferson.wa.us/commdevelopment
12/28/2022