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.
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-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:
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(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.
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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,
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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
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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
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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
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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.
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(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.
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(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.
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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