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.
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-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.
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-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
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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
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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.
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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:
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Patrick T. Roach,�Acting City Attorney