HomeMy WebLinkAbout4813 Ordinance - Amending PMC Title 23 Related to SEPA Flexible ThresholdsOrdinance – Amending PMC Title 23 Environmental Impact - 1
ORDINANCE NO. 4813
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING AND REPEALING SECTIONS OF PASCO MUNICIPAL CODE,
IN TITLE 23 ENVIRONMENTAL IMPACT, RELATED TO
ENVIRONMENTAL IMPACT, STATE ENVIRONMENTAL POLICY ACT
(SEPA) THRESHOLDS AND PROCEDURES.
WHEREAS, the City of Pasco adopted Ordinance No. 1797 in 1976, which implemented
the categorical exemptions under the State Environmental Policy Act (SEPA); and
WHEREAS, over the years the City of Pasco has updated and adopted by reference the
categorical exemptions through Ordinance No. 1973 in 1978, Ordinance No 2512 in 1984 and
Ordinance No. 3297 in 1998; and
WHEREAS, the City of Pasco is authorized to raise categorical exemption thresholds up
to the maximum levels specified in WAC 197-11-800(d) through the adoption of an ordinance;
and
WHEREAS, the City of Pasco has followed the procedural requirements set forth in WAC
197-11-800(c)(i) through (iv) in considering the proposed changes; and
WHEREAS, the City of Pasco recognizes the benefit of raising these thresholds within the
parameters of the maximum categorical exemption levels.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. PMC Section 23.10.040, Designation of responsible official, is hereby
amended and shall read as follows:
23.10.040 Designation of responsible official.
(1) For those proposals for which the City is the lead agency, the responsible official shall be the
Director of Community and Economic Development or his/her designee.
(2) For all proposals for which the City is the lead agency, the responsible official shall make the
threshold determination, supervise scoping and preparation of any required environmental impact
statement (EIS), and perform any other functions assigned to the “lead agency” or “responsible
official” by those sections of the SEPA rules that were adopted by reference in WAC 197-11-050
and WAC 197-11-910173-806-020.
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(3) The City shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and
make them available in accordance with Chapter 42.5642.17 RCW. [Ord. 3297 § 2, 1998; Ord.
2512 § 1, 1984; Code 1970 § 23.02.040.]
Section 2. PMC Section 23.10.050, Lead agency determination and responsibilities,
is hereby amended and shall read as follows:
23.10.050 Lead agency determination and responsibilities.
(1) The department within the City receiving an application for or initiating a proposal that
involves a nonexempt action shall forward the application to the responsible official. The
responsible official shall determine the lead agency for that proposal under WAC 197-11-050 and
197-11-922 through 197-11-940955, unless the lead agency has been previously determined or
that the department is aware that another department or agency is in the process of determining the
lead agency.
(2) When the City is the lead agency for a proposal, the responsible official shall supervise
compliance with the threshold determination requirements, and if an EIS is necessary, shall
supervise preparation of the EIS.
(3) When the City is not the lead agency for a proposal, all departments of the City shall use and
consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions
on the proposal. No City department shall prepare or require preparation of a DNS or EIS in
addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some
cases, the City may conduct supplemental environmental review under WAC 197-11-600620.
(4) If the City receives a lead agency determination made by another agency that appears
inconsistent with the criteria of WAC 197-11-922 through 197-11-940955, it may object to the
determination. Any objection must be made to the agency originally making the determination
within 15 days of receipt of the determination, or must petition the Department of Ecology for a
lead agency determination under WAC 197-11-946 anytime within the 15-day time period.
(5) Departments of the City are authorized to make agreements as to lead agency status or shared
lead agency duties for a proposal under WAC 197-11-942 and 197-11-944946; provided, that the
responsible official and any department that will incur responsibilities as the result of such
agreement approve the agreement.
Ordinance – Amending PMC Title 23 Environmental Impact - 3
(6) Any department making a lead agency determination for a private project shall require
sufficient information from the applicant to identify which other agencies have jurisdiction over
the proposal (that is: Which agencies require nonexempt licenses?). [Ord. 3297 § 2, 1998; Ord.
2512 § 1, 1984; Code 1970 § 23.02.050.]
Section 3. A new section 23.15.025, entitled “Flexible Categorical Exemptions,” is
hereby added to PMC Chapter 23.15, CATEGORICAL EXEMPTION AND THRESHOLD
DETERMINATIONS, Sections, to read as follows:
Chapter 23.15
CATEGORICAL EXEMPTION AND THRESHOLD DETERMINATIONS
Sections:
23.15.010 Purpose.
23.15.020 Adoption by reference.
23.15.025 Flexible Categorical Exemptions
23.15.030 Use of exemptions.
23.15.040 Environmental checklist.
23.15.050 Mitigated DNS.
Section 4. PMC Section 23.15.010, Purpose, is hereby amended and shall read as
follows:
23.15.010 Purpose.
(1) The rules and procedures established in this chapter are to determine whether a proposal has a
“probable significant adverse environmental impact” requiring an environmental impact statement
(EIS) to be prepared. The rules and procedures are also used for evaluating impacts not requiring
an EIS.
(2) This chapter further establishes the proposals which are categorically exempt from threshold
determination and environmental impact statement requirements, subject to the rules and
limitations on categorical exemptions contained in WAC 197-11-305 and this chapter. [Ord. 3297
§ 3, 1998; Ord. 2512 § 1, 1984; Code 1970 § 23.03.010.]
Section 5. PMC Section 23.15.020, Adoption by reference, is hereby amended and
shall read as follows:
23.15.020 Adoption by reference.
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(1) The City adopts, by reference, the following sections of Chapter 197-11 WAC, as
supplemented by this chapter:
WAC
197-11-300 Purpose of this part.
197-11-305 Categorical exemptions.
197-11-310 Threshold determination required.
197-11-315 Environmental checklist.
197-11-330 Threshold determination process.
197-11-335 Additional information.
197-11-340 Determination of nonsignificance (DNS).
197-11-350 Mitigated DNS.
197-11-355 Optional DNS.
197-11-360 Determination of significance (DS)/ initiation of scoping.
197-11-390
197-11-880
197-11-890
Effect of threshold determination.
Emergencies
Petitioning DOE to change exemptions
(2) If a proposal fits within any of the provisions in WAC 197-11-800, the proposal shall be
categorically exempt from threshold determination requirements except as follows:
(a) The proposal is not exempt under WAC 197-11-908, environmentally sensitive areas.
(b) The proposal is a segment of a proposal that includes:
Ordinance – Amending PMC Title 23 Environmental Impact - 5
(i) A series of actions, physically or functionally related to each other, some of
which are categorically exempt and some of which are not; or
(ii) A series of exempt actions that are physically or functionally related to each
other, and that together may have a probable significant adverse environmental
impact in the judgement of an agency with jurisdiction. If so, that agency shall be
the lead agency, unless the agencies with jurisdiction agree that another agency
should be the lead agency. Agencies may petition the Department of Ecology to
resolve lead agency disputes. [Ord. 3297 § 3, 1998; Ord. 2512 § 1, 1984; Code 1970
§ 23.03.020.]
Section 6. A new section 23.15.025, entitled “Flexible Categorical Exemptions,” is
hereby added to read as follows:
23.15.025 Flexible Categorical Exemptions
(1) The following types of construction activities are not categorically exempt when:
(a) Undertaken in any part on land covered by water,
(b) Within 300 feet of any areas which may contain aquatic resources, including wetlands,
streams, or other areas where surface water or groundwater may collect, pond or flow,
(c) On parcels designated as “Survey Highly Advised” by the Washington State Department
of Archaeology and Historic Preservation.
(i) All other parcels may be exempt from SEPA review only if Inadvertent Discover
Protocol is included by the City as condition of approval prior to issuance of any
ground disturbing permits.
(2) The following types of construction activities are categorically exempt except for activities
identified in PMC 23.15.025 (1).
(a) The construction or location of attached or detached single-family residential structures of
30 dwelling units or less.
Ordinance – Amending PMC Title 23 Environmental Impact - 6
(b) The construction or location of multi-family residential structures of 60 dwelling units or
less.
(c) The construction of a barn, loafing shed, farm equipment storage building, produce storage
or packing structure, or similar agricultural structure, covering 40,000 square feet or less,
and to be used only by the property owner or agent in farming the property. This exemption
does not apply to feed lots.
(d) The construction of an office, school, commercial, recreational, service or storage building
with 20,000 square feet of gross floor area, or less, and with associated parking facilities
designed for 90 vehicles or less.
(e) The construction of a parking lot designed for 90 vehicles or less.
(f) Any landfill or excavation of 1,000 cubic yards or less throughout the total lifetime of the
fill or excavation’ and any fill or excavation classified as Class I, II, or III forest practice
under RCW 76.09.050 or regulations thereunder.
Section 7. PMC Section 23.15.030, Use of exemptions, is hereby amended and shall
read as follows:
23.15.030 Use of exemptions.
(1) Each department within the City that receives an application for a license or, in the case of
governmental proposals, the department initiating the proposal, shall request determination from
the responsible official whether the license and/or the proposal is exempt. The responsible
official’s determination that a proposal is exempt shall be final and not subject to administrative
review. If a proposal is determined to be exempt, none of the procedural requirements of this title
apply to the proposal. The City shall not require completion of an environmental checklist for an
exempt proposal.
(2) In determining whether or not a proposal is exempt the responsible official shall make certain
the proposal is properly defined and shall identify the governmental licenses required (WAC 197-
11-060). If a proposal includes nonexempt actions, the responsible official shall determine the lead
agency, even if the license application that triggers the department’s consideration is otherwise
exempt.
Ordinance – Amending PMC Title 23 Environmental Impact - 7
(3) If a proposal includes both exempt and nonexempt actions, the responsible official may
authorize or approve exempt actions prior to compliance with the procedural requirements of this
title; except that:
(a) The City shall not approve or give authorizeation for:
(i) Any nonexempt action;
(ii) Any action that would have an adverse environmental impact; or
(iii) Any action that would limit the choice of alternatives.
(b) The responsible official may withhold approval of an exempt action that would lead to
modification of the physical environment, when such modification would serve no purpose if
nonexempt action(s) were not approved; and
(c) The responsible official may withhold approval of exempt actions that would lead to
substantial financial expenditures by a private applicant when the expenditures would serve
no purpose if nonexempt action(s) were not approved. [Ord. 3297 § 3, 1998; Ord. 2512 § 1,
1984; Code 1970 § 23.03.030.]
Section 8. PMC Section 23.15.050, Mitigated DNS, is hereby amended and shall read
as follows:
23.15.050 Mitigated DNS.
(1) As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS
based on conditions attached to the proposal by the responsible official or on changes to, or
clarifications of, the proposal made by the applicant.
(2) An applicant may request, in writing, early notice of whether a DS is likely under WAC 197-
11-350. The request must:
(a) Follow submission of a permit application and environmental checklist for a nonexempt
proposal for which the department is lead agency; and
(b) Precede the City’s actual threshold determination for the proposal.
(3) The responsible official should respond to the request for early notice within five working
days. The response shall:
Ordinance – Amending PMC Title 23 Environmental Impact - 8
(a) Be written;
(b) State whether the City currently considers issuance of a DS likely and, if so, indicate the
general or specific area(s) of concern that is/are leading the City to consider a DS; and
(c) State that the applicant may change or clarify the proposal to mitigate the indicated
impacts, revising the environmental checklist and/or permit application as necessary to reflect
the changes or clarifications.
(4) As much as possible, the City should assist the applicant with identification of impacts to the
extent necessary to formulate mitigation measures.
(5) When an applicant submits a changed or clarified proposal, along with a revised or amended
environmental checklist, the City shall base its threshold determination on the changed or clarified
proposal and should make the determination within 15 days of receiving the changed or clarified
proposal:
(a) If the City indicated specific mitigation measures in its response to the request for early
notice, and the applicant changed or clarified the proposal to include those specific mitigation
measures, the City shall issue and circulate a DNS under WAC 197-11-340(2);
(b) If the City indicated areas of concern, but did not indicate specific mitigation measures
that would allow it to issue a DNS, the City shall make the threshold determination, issuing a
DNS or DS as appropriate;
(c) The applicant’s proposed mitigation measures (clarifications, changes or conditions) shall
be in writing and must be specific;
(d) Mitigation measures which justify issuance of a mitigated DNS may be incorporated in
the DNS by reference to agency staff reports, studies or other documents.
(6) A mitigated DNS issued under WAC 197-11-340(2) requires a 14-day comment period and
public notice given in accordance with PMC 23.25.030.
(7) Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of
approval of the permit decision and may be enforced in the same manner as any term or condition
of the permit, or enforced in any manner specifically prescribed by the City.
Ordinance – Amending PMC Title 23 Environmental Impact - 9
(8) If the City’s tentative decision on a permit or approval does not include the mitigation
measures that were incorporated in a mitigated DNS for the proposal, the City should evaluate the
threshold determination to insure consistency with WAC 197-11-340(3)(a).
(9) The City’s written response under subsection (2) of this section shall not be construed as a
determination of significance. In addition, preliminary discussion of clarifications or changes to a
proposal, as opposed to a written request for early notice, shall not bind the City to consider the
clarifications or changes in its threshold determination. [Ord. 3297 § 3, 1998; Ord. 2512 § 1, 1984;
Code 1970 § 23.03.050.]
Section 9. PMC Section 23.20.020, Adoption by reference, is hereby amended and
shall read as follows:
23.20.020 Adoption by reference.
The City adopts, by reference, the following sections of Chapter 197-11 WAC, as supplemented
by this chapter:
WAC
197-11-400 Purpose of EIS.
197-11-402 General requirements.
197-11-405 EIS types.
197-11-406 EIS timing.
197-11-408
197-11-410
Scoping.
Expanded Scoping. (Optional)
197-11-420 EIS preparation.
197-11-425 Style and size.
197-11-430 Format.
Ordinance – Amending PMC Title 23 Environmental Impact - 10
WAC
197-11-435 Cover letter or memo.
197-11-440 EIS contents.
197-11-442 Contents of EIS on nonproject proposals.
197-11-443 EIS contents when prior nonproject EIS.
197-11-444 Elements of the environment.
197-11-448 Relationship of EIS to other considerations.
197-11-450 Cost-benefit analysis.
197-11-455 Issuance of DEIS.
197-11-460 Issuance of FEIS.
[Ord. 3297 § 4, 1998; Ord. 2512 § 1, 1984; Code 1970 § 23.04.020.]
Section 10. PMC Section 23.25.020, Adoption by reference, is hereby amended and
shall read as follows:
23.25.020 Adoption by reference.
The City adopts, by reference, the following sections of Chapter 197-11 WAC, as supplemented
in this chapter:
WAC
197-11-500 Purpose of this part.
197-11-502 Inviting comment.
197-11-504 Availability and cost of environmental documents.
Ordinance – Amending PMC Title 23 Environmental Impact - 11
WAC
197-11-508 SEPA Register
197-11-535 Public hearings and meetings.
197-11-545 Effect of no comment.
197-11-550 Specificity of comments.
197-11-560 FEIS response to comments.
197-11-570 Consulted agency costs to assist lead agency.
[Ord. 2512 § 1, 1984; Code 1970 § 23.05.020.]
Section 11. PMC Section 23.35.060, SEPA policies, is hereby amended and shall read
as follows:
23.35.060 SEPA policies.
The City designates and adopts by reference the following policies as the basis for the City’s
exercise of authority pursuant to this section:
(1) The City shall use all practicable means, consistent with other essential considerations of state
policy, to improve and coordinate plans, functions, programs and resources to the end that the state
and its citizens may:
(a) Fulfill the responsibilities of each generation as trustees of the environment for
succeeding generations;
(b) Assure for all people of the state safe, healthful, productive and aesthetically and
culturally pleasing surroundings;
(c) Attain in the widest range of beneficial uses of the environment without degradation, risk
to health or safety or other undesirable and unintended consequences;
(d) Preserve important historic, cultural and natural heritage;
Ordinance – Amending PMC Title 23 Environmental Impact - 12
(e) Maintain, whenever possible, an environment which supports diversity and variety of
individual choice;
(f) Achieve a balance between population and resource use which will permit high standards
of living and a wide sharing of life’s amenities; and
(g) Enhance the quality of renewable resources and approach the maximum attainable
recycling of depletable resources.
(2) The City recognizes that each person has a fundamental and inalienable right to a healthful
environment and that each person has a responsibility to contribute to the preservation and
enhancement of the environment.
(3) The City incorporates by reference the policies in the following plans, ordinances and
resolutions, as may be amended hereafter:
(a) Comprehensive Plan;
(b) Comprehensive Parks, and Recreation & Open Space (PROS) Master Plan;
(c) 3-R Area Action Plan Downtown Pasco Master Plan;
(d) Solid Waste Plan Broadmoor Master Plan and Development Regulations;
(e) Shoreline Master Program Plan;
(f) Urban Parks Recovery Program Transportation System Master Plan;
(g) Transportation Improvement Plan;
(h) Pasco Municipal Code, Title 28, Critical Areas;
(i) Pasco Municipal Code, Title 24, Floodplain;
(j) Pasco Design and Construction Standards and Specifications.
(g) Resolution Nos. 943, 1305, 1372 and 2337; and
(h) Ordinance No. 3255.
(4) The City establishes the following additional policies:
Ordinance – Amending PMC Title 23 Environmental Impact - 13
(a) Require land development to include appropriate measures to prevent air pollution and
deterioration of ambient air quality;
(b) Require land development to utilize vegetation, topography and on-site drainage systems
or methods sufficient to prevent runoff onto public ways;
(c) Require land development where necessary to employ dust abatement, wind erosion
and/or site restoration methods where construction or subsequent operations involve grading
or excavation activities;
(d) Avoid the dumping or discharge of any unauthorized substance into the surface water or
groundwater systems;
(e) Preserve the physical capability of lands to support urban development and use;
(f) Recognize the intrinsic value of riparian wildlife habitat and, to the extent possible,
prevent its deterioration;
(g) Utilize the noise standards set forth in Chapter 173-60 WAC, for proposals not covered
by City standards, to regulate noise levels generated directly or indirectly by the use of lands;
(h) Utilize natural and manmade visual barriers to separate to the extent possible, residential
land development from commercial and industrial land developments and other nonresidential
uses;
(i) Require accident contingency plans in conjunction with all land developments posing a
threat to vicinal properties when such operations involve a substantial risk of explosion or
release of hazardous substance;
(j) To avoid unnecessary congestion and hazard at the intersection of arterial streets,
driveways should be no closer than 60 feet to the intersection, and in no case be closer than
20 feet to the intersection;
(k) To avoid unnecessary hazard associated with the movement of vehicles from public or
private properties onto public streets, any off-street parking lot, other than for residential
development requiring three or fewer off-street parking spaces, should be designed to allow
vehicles to enter public streets in a head-on fashion rather than by backing out; and
Ordinance – Amending PMC Title 23 Environmental Impact - 14
(l) Require the dedication and/or improvement of right-of-way to promote the logical
extension of public streets concurrent with development. [Ord. 3297 § 8, 1998; Ord. 2512 § 1,
1984; Code 1970 § 23.07.060.]
Section 12. PMC Section 23.35.070, Appeals, is hereby amended and shall read as
follows:
23.35.070 Appeals.
(1) When any nonexempt action, not requiring a decision of the City Council, is conditioned or
denied or after a threshold determination is made on the basis of SEPA by a nonelected official,
the decision may be appealed to the Hearing Examiner.
(2) Such appeal may be perfected by the proponent or an aggrieved party by giving notice to the
responsible official. The appeals shall be filed by the required deadlines of this chapter.
(a) The appeal shall be filed in writing and shall contain the name and address of the person
filing the appeal and the name of the organization or agency represented, if any.
(b) The appeal shall set forth the specific reason, rationale, and/or basis for the appeal.
(c) Payment of the appeal fee in the amount of $200.00 shall occur at the time the appeal is
filed.
(3) In addition to the exhibits submitted, the City may submit a responsive memorandum to the
Hearing Examiner and provide copies to the other parties at least one day prior to the hearing.
(4) If the appeal has been timely filed and complies with the requirements of subsection (2) of
this section, the Hearing Examiner shall conduct an open record appeal hearing into the merits of
the appeal, at which time the Hearing Examiner shall hear and receive testimony, documentary
evidence, and arguments from the parties solely on the issues raised or identified by the appeal.
(a) The person(s) filing the appeal shall have the burden of going forward with the evidence
and the ultimate burden of persuasion.
(b) Notice of any open record appeal hearing held pursuant to this section shall be provided
to the parties at least 14 days prior to the hearing.
(c) The Hearing Examiner may continue the open record appeal hearing from time to time
without further mail or delivered notice.
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(d) The Hearing Examiner shall maintain an electronic record of the testimony and arguments
presented and a record of any physical evidence/documents presented.
(e) The Hearing Examiner’s decision shall be rendered within 10 working days of the
conclusion of an open record appeal hearing unless a longer period is agreed to by the
appellant parties. This will be the effective date of the decision.
(f) The Hearing Examiner’s decision shall include findings of fact and conclusions in support
of the decision.
(g) The Hearing Examiner’s decision under this section may be to grant or deny the appeal
in whole or in part, or to remand the threshold determination to the responsible official for
reconsideration.
(h) Appeal hearings held by the Hearing Examiner pursuant to this section shall be de novo.
(i) The Hearing Examiner’s decision shall become final unless timely appealed.
(5) Appeal of the final decision of the Hearing Examiner under this section shall be to the superior
court of Franklin County.
(6) Substantial Weight Accorded Responsible Official. The procedural determinations made by
the City’s responsible official shall carry substantial weight in any appeal proceeding under this
chapter.
(7) Record. For any appeal to superior court under this chapter, the City shall provide for a record
that shall consist of the following:
(a) Findings and conclusions;
(b) Testimony under oath;
(c) A taped or written transcript, the cost of which shall be borne by the appellant; and
(d) Admitted exhibits.
(8) Exhaustion of Remedies. SEPA appeal procedures, as provided herein, must be utilized prior
to judicial review of the SEPA decision.
(9) Appeal of Intermediate Steps Prohibited. Appeal of the intermediate steps under SEPA (e.g.,
lead agency determination, scoping, draft EIS adequacy) shall not be allowed.
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(10) One Administrative Appeal Permitted. Only one administrative appeal of a threshold
determination or of the adequacy of an EIS shall be permitted under these rules; successive
administrative appeals on these issues are not allowed. This limitation does not apply to
administrative appeals before another agency.
(11) Scope of Appeals Limited. Appeals on SEPA procedures shall be limited to review of a final
threshold determination and final EIS. These appeals may occur prior to an agency’s final decision
on a proposed action.
(12) Appeal to be Consolidated with Underlying Permitted Action. In any appeal, except that of
a threshold determination, the appeal shall consolidate any allowed appeals of procedural and
substantive determinations under SEPA with a hearing or appeal on the underlying governmental
action in a single simultaneous hearing before the Hearing Examiner. This hearing shall be one at
which the Hearing Examiner will consider either the agency’s decision or a recommendation on
the proposed underlying governmental action.
(13) Consolidated Appeals Required. Any appeal of a procedural or substantive determination
under SEPA issued at the same time as the decision on a project action shall be filed within 14
days after a notice of decision under RCW 36.70B.130 or after other notice that the decision has
been made and is appealable. In order to allow public comment on a DNS prior to requiring an
administrative appeal to be filed, this appeal period shall be extended for an additional seven days
if the appeal is of a DNS for which public comment is required under this chapter., except that
Ffor threshold determinations issued prior to a decision on a project action, any administrative
appeal shall be filed within 14 days after notice that the determination has been made and is
appealable.
(14) Conflict with Other City rules. In the event any of the SEPA appeal rules conflict with other
sections of this code, the SEPA appeal rules shall govern, except for consolidated appeals. For
consolidated appeals, the timelines here shall govern. unless PMC 4.02.100 provides for a longer
time period, in which case the longer period shall govern.
(15) Conflict with SEPA Statute and Regulations. In the event any of the City’s SEPA rules
conflict with any portion of Chapter 197-11 WAC , Chapter 43.21C or 36.70B RCW, the rules
contained in the state statutes and regulations shall govern. [Ord. 4520 § 1, 2021; Ord. 3765 § 2,
2006; Ord. 3297 § 8, 1998; Ord. 2886 § 1, 1992; Ord. 2512 § 1, 1984; Code 1970 § 23.07.070.]
Section 13. PMC Chapter 23.45, CATEGORICAL EXEMPTIONS, including Sections
23.45.010 (Purpose) and 23.45.020 (Adoption by reference) is hereby repealed:
Ordinance – Amending PMC Title 23 Environmental Impact - 17
Chapter 23.45
CATEGORICAL EXEMPTIONS
Sections:
23.45.010 Purpose.
23.45.020 Adoption by reference.
23.45.010 Purpose.
This chapter establishes the proposals which are categorically exempt from threshold
determination and environmental impact statement requirements, subject to the rules and
limitations on categorical exemptions contained in WAC 197-11-305. [Ord. 2512 § 1, 1984; Code
1970 § 23.09.010.]
23.45.020 Adoption by reference.
The City adopts by reference the following sections of Chapter 197-11 WAC, as supplemented by
PMC 23.15.030 and 23.50.030:
WAC
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions.
[Ord. 3297 § 10, 1998; Ord. 2512 § 1, 1984; Code 1970 § 23.09.020.]
Section 14. PMC Title 23, ENVIRONMENTAL IMPACT, Chapters, are hereby
amended and shall read as follows:
Title 23
ENVIRONMENTAL IMPACT
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Chapters:
23.05 Authority
23.10 General Requirements
23.15 Categorical Exemption and Threshold Determinations
23.20 Environmental Impact Statement (EIS)
23.25 Commenting
23.30 Using Existing Environmental Documents
23.35 SEPA and Agency Decisions
23.40 Definitions
23.45 Categorical Exemptions
23.50 Agency Compliance
23.55 Critical Lands Protection
23.60 Forms
Section 15. PMC Section 23.50.020, Adoption by reference, is hereby amended and
shall read as follows:
23.50.020 Adoption by reference.
The City adopts, by reference, the following sections of Chapter 197-11 WAC:
WAC
197-11-900 Purpose of this part.
197-11-902
197-11-906
Agency SEPA policies.
Content and consistency of agency procedures.
197-11-916 Application to ongoing actions.
197-11-920 Agencies with environmental expertise.
197-11-922 Lead agency rules.
197-11-924 Determining the lead agency.
Ordinance – Amending PMC Title 23 Environmental Impact - 19
WAC
197-11-926 Lead agency for governmental proposals.
197-11-928 Lead agency for public and private proposals.
197-11-930 Lead agency for private projects with one agency with jurisdiction.
197-11-932 Lead agency for private projects requiring licenses from more than one
agency, when one of the agencies is a county/city.
197-11-934 Lead agency for private projects requiring licenses from a local agency,
not a county/city, and one or more state agencies.
197-11-936 Lead agency for private projects requiring licenses from more than one
state agency.
197-11-938 Lead agencies for specific proposals.
197-11-940 Transfer of lead agency status to a state agency.
197-11-942 Agreements on lead agency status.
197-11-944 Agreements on division of lead agency duties.
197-11-946 DOE resolution of lead agency disputes.
197-11-948 Assumption of lead agency status.
[Ord. 2512 § 1, 1984; Code 1970 § 23.10.020.]
Section 16. PMC Section 23.55.010, General provisions, is hereby amended and shall
read as follows:
23.55.010 General provisions.
Ordinance – Amending PMC Title 23 Environmental Impact - 20
The provisions of the State Environmental Policy Act and Shoreline Management Act and their
attendant rules are recognized as the regulatory vehicle through which the City meets its
obligations to protect critical lands as required by RCW 36.78.03036.70A.060 and Ch. 90.58
RCW36.78.060. [Ord. 2923 § 1, 1993; Code 1970 § 23.11.010.]
Section 17. Severability. If any section, subsection, sentence, clause, phrase or word
of this ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance.
Section 18. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 19. Effective Date. This ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington this 2nd day of February,
2026.
Charles Grimm
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Krystle Shanks, CMC Ogden Murphy Wallace, PLLC
Deputy City Clerk City Attorney
Published: February 8, 2026