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HomeMy WebLinkAbout1797 OrdinanceORDINANCE 'NO.: 1797 AN ORDINANCE OF THE CITY OF PASCO ADOPTING'GUIDELINES FOR USE IN DETERMINING WHETHER CERTAIN ACTIVITIES HAVE AN ADVERSE ENVIRONMENTAL IMPACT AND PROVIDING STANDARDS TO BE USED IN MAKING DETERMINATIONS AS TO THE NECESSITY OF AN ENVIRONMENTAL IMPACT STATEMENT ON CERTAIN PROJECTS OR ACTIVITIES WITHIN THE CITY OF PASCO WHEREAS, the State of Washington requires local agencies to adopt guidelines to'•implementing the State Environmental Policy Act, now, therefore, THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN as follows: Section 1. A new title shall be added to the Pasco Municipal Code and shall read as follows: Title 23 - Environmental Impact. Section 2. Pasco Municipal'Code Section 23.04.010 shall read as follows: WAC 173-805-010 POLICIE-S'AND AUTHORITY. (1) The City of Pasco hereby adopts by reference the policies of the State Environmental Policy Act as expressed in RCW 43.21C.010 and RCW 43.21C.020. (s) The city possesses the authority to deny or condition actions so as to mitigate or prevent adverse environmental impacts. This authority applies to all city activities including actions as defined in this ordinance, as well as activities which are categorically exempted or excluded from the definition of action, whether\or not such activities are considered to be ministerial in nature. Section 3. Pasco Municipal Code Section 23.04.020 shall read as follows: WAC 173-805-020 ADOPTION BY,REFERENCE. The city hereby adopts by reference the following sections or subsections of chapter 197-10 of the Washington Administrative Code (the "SEPA Guidelines" adopted,by the State of Washington, council on environmental policy): WAC 197-10-040: Definitions. -060: Scope of a Proposal and it -s Impacts. -160: No Presumption of Significance for Pilon -Exempt Actions. -170: Categorical.Exemptions. -175: Exemptions and Non -Exemptions Applicable to Specific State Agencies. -180: Exemptions for Emergency Actions. -200:, Lead Agency --Responsibilities. -203: Determination of Lead Agency -- Procedures. -205:1 Lead Agency Designation -- Governmental Proposals. -210: Lead Agency Designation -- Proposals involving Both Private and Public Construction. -215:_ Lead Agency .Designation Private Rrojects for Which There is' Only One Agency. -220: Lead Agency Designation --Private Projects, Licenses -From More than One Agency When.One is City. -225.:. Lead Agency Designation --Private Projects, License Fr.om More Than One State Agency.. -230: Lead Agency Designation --Specific Proposals. -2135: Local Agency Transfer of Lead Agency Status to a State Agency. -240: Agreements as to Lead Agency Status. -245: Agreements Between Agencies -as• to Division of Lead Agency Duties. -260: Dispute as to Lead Agency Determination ---Resolution by CEP.. -270: Assumption of Lead Ag'ency'by Another Agency with Jurisdiction. -300:' _Threshold Determination Requirement. -305:' Recommended Timing for Threshold -Determination. -310: Threshold Determination Procedures_ Environmental Checklist._ -320: Threshold.Determination Procedures -- Initial Review of Environmental Checklist. -330: Threshold Determination Procedures -- Information in Addition to Checklist. -340: Threshold Determination Procedures -- Negative Declarations. -345:'. Assumption of Lead Agency Status by Another Agency with Jurisdiction -- Prerequisites, Effect.and Form of Notice. •-350: Affirmative Threshold Determinations. -355: Form of Declaration of Significance/Non- Significance.. ignificance/Non- Significance.. -360: Threshold Determination Criteria— Application -of Environmental Checklist. -365: Environmental Checklist: 370:- Withdrawal of Affirmative. Threshold Determination. -375: Withdrawal of Negative Threshold Determination. -390: Effect of Threshold Determination by Lead Agency. -400: Duty to Begin Preparation of a Draft EIS. -410: Pre -Draft Consultation Procedures. -425: Organization and Style of a Draft EIS. -440: Contents of a Draft EIS. -442: Special Considerations Regarding Contents .of an EIS. -444: List of Elements of the Envi.ronrtcntt. -450•: Public Awareness of Availability of Draft EIS. -455: Circulation of the Draft EIS --Review Period. - 2 - -460: Specific Agencies to which Draft EI'S shall be sent. -465: Agencies possessing Environmental Expertise. -470: Costs to the Public for Reproduction of Environmental Documents. -480:, Public Hearing on a Proposal - When Required. -485: Notice.of Public Hearing.on Environ- mental Impact of .the Proposal. -490: Public Hearing on the Proposal -- Use of Environmental Document. -495: Preparation of Amended or New Draft EIS. -500: Responsibilities of Consulted Agencies -- Local Agencies. -510: Responsibilities.of Consulted Agencies -- State Agencies.with Jurisdiction. -520: Responsibilities of Consulted Agencies -- State Agencies with Environmental Expertise., -530: Responsibilities of Consulted Agencies-- When Pre -Draft Consultation has Occurred. -535: Cost o.f Performance. of Consulted Agency Responsibilities. -540: Limitations on Responses.to Consultation. -545: Effect of No Written Comment. 7550: Preparation of the Final EIS --Time Period Allowed. -57,0: Preparation of Final EIS --When no Critical Comments Received on the Draft EIS. -58,0: Preparation of the Final EIS--Contents-- Whe:n Critical Comments Received on Draft EIS. '-600: Circulation of the Final EIS. -650: Effect of an Adequate Final EIS Prepared,Pursuant to NEPA. _652:, Supplementation of a Lead Agency of an ..Inadequate Final.NEPA EIS. -660: Use of Previously Prepared.EIS for a Different Proposed Action. -690: Use of a Lead Agency's EIS by Other Acting Agencies for the Same Proposal. -695: Draft -and Final Supplements to a Revised EIS. 7700: No Action for Seven Days After Publication of the Final EIS. -710: EIS Combined with Existing Planning and Review Processes. 830: Responsibilities of Agencies--SEPA Public Information Center. -835: Regional SEPA Public Information Centers. -840: Applications of Agency Guidelines to Ongoing Actions. Section 4. Pasco Municipal Code Section 23.04.030 shall read as follows: WAC' 173-805-030 ADDITIONAL DEFINITIONS. In addition to those definitions contained within WAC 197-10-040, the following terms shall have the following meanings, unless the context indicates otherwise: - 3 - (1) "Department" means any division, subdivision or organizational unit of the city established by,. ordinance, rule, or order. (2) "SEPA Guidelines" means chapter 197-10 RCW adopted by the Council.on'Environmental Policy. Section 5. Pasco municipal Code Section 23.04.040 shall read as follows: WAC 173-805-040 TIME LIMITS APPLICABLE TO THE SEPA PROCESS. The following time limits (expressed in calendar days) shall apply to the processing of all private projects and to those governmental proposals submitted to this city by other agencies:. (1) Categorical Exemptions. *Identifica'tion of categorically exempt actions shall occur within seven (7) days of submission of an adequate application; (2) Threshold Determinations. (a) For proposals for which the city is the lead agency, threshold determinations should normally be completed within fifteen (1'5-) days. (b) Threshold determinations requiring further information from the applicant or consultation with other agencies with jurisdiction should be -completed within fifteen (15) days of receiving the requested information from the applicant or the consulted agency; requests by the city for such further information should be made within fifteen (15) days of the submission of an adequate application and completed checklist; when a request for further infor- mation is submitted to a.consulted agency, the city shall wait a maximum of thirty (3.0) days for the consulted agency to respond. (c) Threshold determinations which require that further studies, including field investigations', be initiated by the city should be completed within thirty (•30) days of submission of an adequate application and the completed checklist. (d) Threshold determinations on actions where the applicant recommends in writing that an EIS be prepared because of the significant• impact.asserted and described in the application shall be completed within 'fifteen (15) days of.submission:of an adequate application.and the completed checklist. (e) The time limits -set forth in this subsection shall not apply to withdrawals of affirmative and -negative threshold determinations where such withdrawals are made in accordance with section/97 jp-:,370 and' 197=•Ia'-37 i> ld. iV LO, (f) When a threshold determination is expected to require more than fifteen (15) days to complete and a private applicant requests notification of the date when a threshold determination will be made, the lead agency shall transmit to the private applicant a written statement.as to the expected date of decision. - 4 Section 6. Pasco Municipal Code -Section 23.04.050 shall read as follows: WAC -173-805-050 ENVIRONMENTALLY SENSITIVE AREAS. (1) Environmentally sensitive areas •. shall be designated by the City Council. Maps designating such areas, together with the exemptions from those listed in WAC 197-10-177(2) which are inapplicable in'such.area, shall be filed with the City Planner and shall have full force and effect of law as of the date.of filing. (2) Major actions which will be located wholly or partially within.an environmentally sensitive area are to be treated no differently than other major actions under these guidelines. A threshold determination shall be made for all such actions, and an EIS shall not be automatically required for a proposal merely because it is proposed for location in an environmentally sensitive.area. (3) Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. Section 7. Pasco Municipal Code Section 23.040.060 shall read as follows: WAC '173-805-060 USE OF EXEMPTIONS. (1). The applicability of the exemptions shall be determined by each.department within the city which received an application for a*license, or in the case of governmental proposals, by'that department initiating the proposal. A determination by any such department that a proposal is exempt shall be final and not.subject to administrative review. (2) If a proposal includes a series of actions, physically or functionally related to each other, some of which are exempt and, some of which are -,not, the proposal is not exempt. (3) If the proposal includes a series of .exempt actions which are physically or functionally related to each other, but which together may have a significant environmental impact, the proposal is not exempt. (4) If it is determined that a proposal is exempt, none of the procedural requirements of these guidelines apply to the proposal. No environmental checklist shall be required for an exempt proposal. (5) A department which is determining whether or not a proposal is exempt shall ascertain the total scope of the proposal and the governmental licenses required. If a proposal includes a series of actions, physically or functionally related to each other, some of which are exempt and -some which are not, the proposal is not exempt. For any such proposal,'the'lead agency shall be determined, MM even if the license 'application which triggers the department's . cons,idera-L-ion' ,is otherwise exempt.. If the lead agency is the city, -then the responsible official - shall be designated. (6) If a proposal includes both exempt and nonexempt actbris, exempt actions may be authorized with respect to the proposal prior to compliance with the procedural requirements of these guidelines subject to the following limitations: (a) No major action (nonexempt action) shall be authorized; '(b) No.action shall be authorized which will irrevocably commit the city.to approve or authorize a major action; (c) A department may withhold approvalof an exempt action which would lead to modification of the physical environment, when such modifications would serve no purpose of later approval of a major. action is not secured; and (d). A department -may withhold approval of exempt actions which would lead to substantial financial expenditures by a private applicant which would.serve no purpose.if later approval of a major action is not secured. Section 8. Pasco Municipal Code.Section 23.040.070 shall read as follows: WAC' 173-'8'05-070 LEAD AGENCY DETERMINATION AND RES 1014SIBILIT.IES'. (.1) Any department within the city receiving or initiating a proposal any portion of which involves a major action, shall determine the lead agency for that proposal pursuant to the criteria set forth in section WAC 197-10-205 through-270,•using the procedures of WAC 197-10-203. This determination shall be made for each proposal involving a major action unless the lead agency has been previously determined, or the department is aware that another department or agency is in the, process of determining the'lead agency. NOTE: A lead agency must be an agency with jurisdiction. (2) In those instances in which the' city is, the lead agency, the responsible official of the city shall supervise compliance with the threshold determination, and: if.an ITIS is. -necessary,', shall supervise preparation of -the draft and. final EIS. (3) In those instances in which'.the city is not the .lead agency under the criteria of WAC -197-10-205 through -270, all departments o.f the city, subject to the ,limitations of WAC 197-.10-390,-660,,and -690 shall utilize and consider as appropriate either•.the declaration of nonsignificance or the final EIS of the lead agency in - 6 - conjunction with the decisions of the city on the proposal. In such instances, no city department shall prepare or require preparation of a declaration of nonsignificance or EIS in addition to' that prepared by the lead agency. (4) In the event that the city or any department thereof receives a lead agency determination made by another agency which does not appear to -be in accord with the.criteria .of WAC�19.7-10-205 through -24.5 it may'.object .thereto. Any such objection must be made and resolved within fifteen (15) days -of receipt of the d.etermination,. or the city must petition CEP for a lea& agency'determina- tion pursuant to WAC 197-10-260.with the fifteen (15) day time period. Any such -petition on behalf of -the city shall be initiated by the City Manager. (5) Departments of the city are authorizedto make agreements as to lead agency status pursuant.to WAC 197-10-240 and WAC 197-10-245: PROVIDED, That any such agreement involving assumption of lead agency status by the city will first be -approved by the responsible official for the city and that any department which will incur responsibilities as.a result of any such agreement will approve the agreement. (6) Any department making a lead agency determination for a private project shall require sufficient information from the applicant to ascertain which other agencies have jurisdiction over the proposal. Section 9. Pasco Municipal Code Section 23.040..080 shall read as follows: WAC 173'-80'5-090 ENVIRONMENTAL CHECKLIST.' (1) Except as provided in WAC 197-10-300(2), a completed environmental checklist, or a copy thereof, substantially in the,form'provided in WAC 197-10-365 shall be filed at the same time as an,application fora permit, license, certificate, or other entitlement for use not specifically exempted herein. -This checklist' shall be the basis for a determination by.the city as to lead agency status and.if the city is determined to be the lead -agency, then for the threshold determination. (2) For, all proposals for which the city i,s the lead agency,. the responsible official of the city shall -make the threshold determination pursuant to the criteria and procedures of WAG 197-10-300 through -365. Section 10. Pasco Municipal Code Section 23.040.090 shall read as follows: WAC 173-8'05-100 PREPARATION OF EIS. (1) The draft and final EIS shall be prepared either by the responsible official or his designee, or by a private applicant or a consultant retained by the private - 7 - applicant. In the event the determines that the applicant prepare an EIS, the applicant immediately after completion determination. responsible official will be required to shall be so notified of the threshold (2) In the event that an EIS is to be.prepared by a private applicant or a consultatnt retained by the private applicant, the responsible official.shall assure that the EI,S is prepared in'a responsible manner and with appropriate methodology. The responsible official shall direct the areas of research and examination to be undertaken; as well as the organization of the resulting document. (3) In the event that the responsible official or his designee is preparing an EIS, the responsible official may require a private applicant to provide data and information which is not in.the possession of the city relevant to any,.or all areas to be covered by the EIS. (4) No matter who participates in the preparation of an EIS, it must be approved -by the responsible official prior to distribution. Section 11. Pasco Municipal Code Section 23.040.100 shall read as follows: WAC 173-805-105 ADDITIONAL ELEMENTS TO BE COVERED IN AN EIS. The .following additional elements are part of the environment for the purpose of EIS content, butdo not add to the criteria for threshold determinations or perform any other function or purpose under these rules: (1) Employment. (2) Economy. (3) Tax base. (4) Cultural factors. - (5) Quality of life. (6) Neighborhood cohesion. (7) Sociological factors. Section 12. Pasco Municipal Code Section 23.040.110 shall read as follows: WAC 173-'8'0'5-1'10 DESIGNATION OF OFFICIAL TO. PERFORM CONSULTED AGENCY RESPONSIBILITIES FOA THE -CITY. (1) The following department shal;l.be responsible for the preparation of the written comments for the city in response to a consultation request prior to a threshold determination,,•participation in predraft consultation, or reviewing `a draft EIS: City Planner (2) The official designated in paragraph (1) hereof shall be responsible for compliance by the city with WAC 197=10-500 through -540 wherever the city is a, consulted agency, and isohereby authorized to develop N 8 - operating procedures which will ensure, .that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of. the city. Section.l'3....Pasco Municipal Code Section 23.0.40.120 shall read as follows: WAC 173-805-115 DESIGNATION OF RESPONSIBLE OFFICIAL.. (1) For those proposals for which the city is the lead agency, the responsible official shall.be the City planner. (2) The responsible official shall make the. threshold determination, supervise preparation of any ,required EIS, and perform'any other functions assigned to the "lead agency" or "responsible official" by those sections of the SEPA guidelines which were adopted by .reference in WAC 173-805-020 hereof, for'all proposals for which the city is the lead agency. Secton.14. Pasco Municipal Code Section 23.040.130 shall read as follows: WAC 173-805-120 SEPA PUBLIC INFORMATION CENTER. (1) The following location constitutes the city's SEPA public information center: Community Development Department t Planning Division Pasco City Hall Pasco, Washington Telephone: (509) 545-34.43 .(2) All reasonable means will be'used to make the existence and location of the,.city's SEPA public information center -known to both the public generally and the,eiriployees of the city. (3) The SEPA public information center shall contain the documents and provide the services required by WAC 197-10-830. Section 15. Pasco Municipal Code Section 23.04 -0._140 -shall read as follows: WAC' 1'73-805-130 FEES. The following fees shall be required for actions by the city in'accordance with the provisions of this ordinance: (1) Environmental Assessments --For every environmental assessment to be performed by the city when the city is lead agency; a fee of $50.00 shall be required of the proponent of the proposal. This fee shall -be collected prior to undertaking the threshold determination, and the time periods provided by this ordinance for making a threshold determination shall not begin to run until payment of the fee. - 9 - (2) Environmental Impact Statements-- (a) For all proposals requiring an EIS for which the city is the lead agency and'for which the responsible official determines that the EIS shall be prepared -by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred by the city in the.preparation of an EIS. If it is determined that. an EI'S is required, applicants shall be advised of projected costs of the statement prior to actual preparation and shall post bond or otherwise insure payment of such costs. (b) The responsible official may determine that the city will contract directly with a consultant for preparation of environmental documents for activities initiated by some persons or entity other_;than the city and may bill such costs and expenses directly'to the applicant. Such consultants shall be selected by the city after a call'for bid and in consultation with the applicant. Applicants may be requred,,to post bond. or otherwise insure payment -of -such costs. (c) In the event that a proposal is modified so that an EIS is no longer-required,Ithe responsible official shall refund any costs collected under_(a) and (b) of this subsection which were collected for costs not incurred. x (3) No fee shall be collected by thecity for performing its duties as a consulted agency. (4) The SEPA public•information..center of the city is -hereby authorized to charge periodic fees for the service of mailing.regis.ters'and register updates. Such fees shall be reasonably related to the costs of reproduction and mailing of 'registers and updates. (5) The city may charge any person for copies of any document prepared pursuant to the requirements of, this ordinance, and for mailing thereof, in a manner provided by chapter 42.17,-RCW. Section 16. Pasco Municipal Code Section 23.040.150 shall read as follows: WAC'173-805-135 NOTICE/STATUTE' OF LIMITATIONS. (1) The city, applicant for, or proponent of an action may publish notice of action pursuant to RCW 43.21C.080 for.any action. (2) The form of the notice shall be a.s-prescribed. by the department.of-ecology.and/or substantially in the form and manner set forth in RCW 43.21C.080. The notice shall be published by the city clerk, applicant or proponent pursuant to RCW 43.21C.080. 10 - Seetion.17. 'Pasco Municipal Code,Section 23.040.160 shall.read as follows:-' WAC 173-805-140 SEVERABILITY. If any provision of this ordinance or.its application to any person or circumstance is held invalid, the remainder o.f this ordinance, or the application of the provision to other persons or circumstances, shall not be affected. Section 18. This ordinance shall begin full force and effect on July 15, 1976. PASSED by the City Council this 6th day of July 1976. Mayor ATTEST: City Clerk APPROVED AS TO FORM: ity Attorney January 19, 1977 Evelyn: I showed the attached Ordinance to Mr. Smith, and he suggested that you write a short note to Pat Roach and ask him to insert the appropriate sections references that are missing from this Ordinance. I Pa t Dear Evelyn: I have filled in the appropriate blank on page 4 of the ordinance. Should you have any questions, please advise. Sincerely, Patrick T. Roach City Attorney