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HomeMy WebLinkAbout1973 OrdinanceORDINANCE NO. 1973 AN ORDINANCE pertaining to the City of Pasco's Environmental Policy Act by amending Chapter 23.04 of the Pasco Municipal Code by amending Sections 23.04.020, 23.04.030, 23.04.070, 23.04.130 and 23.04.140; and by adding to Chapter 23.04 a new Section to be known and designated as Section 23.04.105. THE COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section 1. That Section 23.04.020 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 23.04.020 ADOPTION BY REFERENCE. (WAC 173-805-020) The city adopts by reference the following sections or subsections of WAC Chapter 197-10, the "SEPA Guidelines" adopted by the state of Washington, Council on Environmental Policy and amended by the state of Washington, Department of Ecology: WAC 197-10-040: Definitions. -060: Scope of a Proposal and its Impacts. -160: No Presumption of Significance for Non -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: Lead Agency Designation -Governmental Proposals. -210: Lead Agency Designation -Proposals involving Both Private and Public Construction. -215: Lead Agency Designation -Private Projects 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 From More Than One State Agency. -230: Lead Agency Designation -Specific Proposals. -235: 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 Agency by Another Agency with Jurisdiction. -300: Threshold Determination Requirement. -305: Recommended Timing for Threshold Determination. -310: Threshold Determination Procedures -Environmental Checklist. 1 • -2- -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. -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 Environment. -450: Public Awareness of Availability of Draft EIS. -455: Circulation of the Draft EIS -Review Period. -460: Specific Agencies to which Draft EIS 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 Environmental 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 of Performance of Consulted Agency Responsibilities. -540: Limitations on Responses to Consultation. -545: Effect of No Written Comment. -550: Preparation of the Final EIS -Time Period Allowed. -570: Preparation of Final EIS -When no Critical Comments Received on the Draft EIS. -580: Preparation of the Final EIS -Contents -When Critical Comments Received on Draft EIS. -3- -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. -700: No Action for Seven Days After Publication of the Finald EIS. -710: EIS Combined with Existing Planning and Review Processes. -831: Responsibilities of Agencies-SEPA Public Information. -840: Applications of Agency Guidelines to Ongoing Action. Section 2. That Section 23.04.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 23.04.030 ADDITIONAL DEFINITIONS. (WAC 173-805-030) In addition to those definitions contained within WAC 197-10-040, the following terms shall have the following meanings, unless the context indicates otherwise: (1) "Department" means any division, subdivision or organizational unit of the city established by ordinance, rule or order. (2) "SEPA Guidelines" means WAC Chapter 197-10 adopted by the Council on Environmental Police and amended by the Department of Ecology. Section 3. That Section 23.04.070 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 23.04.070 LEAD AGENCY DETERMINATION AND RESPONSIBILITIES. (WAC 173-805-070)(a) 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 WAC 197-10-205 through 197-10-270, 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. (b) 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 EIS is necessary, shall supervise preparation of the draft and final EIS. (c) In those instances in which the city is not the lead agency under the criteria of WAC 197-10-205 through 197-10-270, all departments of the city, subject to the limitations of WAC 197-10-390, 197-10-660 and 197-10-690, shall utilize and consider as appropriate either the -4 - declaration of nonsignificance or the final EIS of the lead agency in conjunction with the decisions of the city on the proposal. In such stances., no city department shall prepare or require preparation of a declaration of nonsignificance or EIS in addition to that prepared by the lead agency. (d) 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 197-10-205 through 197-10-245 it may object thereto. Any such objection must be made and resolved within fifteen days of receipt of the determination, or the city must petition the Department of Ecology (DOE) for a lead agency determination pursuant to WAC 197-10-2601with the fifteen -day time period. Any such period on behalf of the city shall be initiated by the city manager. (e) Departments of the city are authorized to 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. (f) 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 4. That Section 23.04.130 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 23.04.130 SEPA PUBLIC INFORMATION. (WAC 173-805-121) All documents required by the SEPA Guidelines (WAC 197-10) shall be retained by the responsible official and made available in accordance with Chapter 42.17, R.C.W. Section 5. That Section 23.04.140 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 23.04.140 FEES. (WAC 173-80-130) The following fees shall be required for action by the city in accordance with the provisions of this title. (1) Threshold Determinations. For every threshold determination to be performed by the city when the city is lead agency, a fee of fifty dollars 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 title for making a threshold determination shall not begin to run until payment of the fee. (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 the costs -5 - incurred by the city in the preparation of an EIS. If it is.determined that an EIS 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 person 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 bids and in consultation with the applicant. Applicants may be required 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, the responsible official shall refund any costs collected under (a) and (b) of this subsection which were collected for costs not incurred. (3) No fee shall be collected by the city for performing its duties as a consulted agency. (4) The city may charge any person for copies of any document prepared pursuant to the requirements of this title, and for mailing thereof, in.a manner provided by R.C.W. Chapter 42.17. Section 5. That there be and is hereby added to Chapter 23.04 of the Pasco Municipal Code the following new Section to be known and designated as Section 23.04.105 and which shall read as follows: 23.04.105 REVIEW OF OFFICIAL ACTION. The conditioning or denying of any city action, not requiring a legislative decision., by a non -elected official of the city where such condition or denial is based on the environmental documents prepared pursuant to this chapter may be appealed by the applicant. An appeal shall be commenced by the filing of a written notice of appeal on the department of the city official whose decision is being appealed and on the city clerk or his deputy within fifteen (15) days following the date of the decision being appealed. The notice of appeal shall set forth in a clear and concise manner the alleged errors of the decision. Upon timely and sufficient notice of appeal, the City Clerk or his deputy shall set a date for hearing the appeal at a public meeting and shall give at least thirty (30) days notice to the appellant. At least ten (10) days prior to.the hearing, the appellant must file with the city clerk written reasons in support of the alleged errors with a summary of any evidence he will present in support thereof. The city clerk shall transmit this to the city council. On appeal, the city council shall review the records of the city officials and its decisions and shall consider the evidence which is allowed to be admitted in order to determine the correctness of the decision being appealed. The appellant must establish that a mistake has been committed by the city officials making the decision. A -6- Before making its decision, the city council may remand the matter for further consideration by the city officials or it may appoint an examiner or board which shall hear the matter and make a written report to the city council with its findings and recom- mendations. The city council shall have the authority to affirm, reverse or amend the city officials' decision. The city council shall make findings and conclusions in support of its decision. Section 6. This Ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by the Council of the City of Pasco this 24 day of July , 1978. Chet Bailie, Mayor AT ve yn Wel s, Deputy City Clerk APPROVED �ASS �TO FORM: C-2, �t,�/./r' ZZ Patrick T. Roach,�Acting City Attorney