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HomeMy WebLinkAbout2512 OrdinanceORDINANCE No. 2512 AN ORDINANCE concerning local environmental policy, adopting new rules and procedures for implementing the State Environmental Policy Act (as amended); and enacting new Chapters 23.01, 23.02, 23.03, 23.04, 23.05, 23.06, 23.07, 23.08, 23.09 and 23.10 of the Pasco Municipal Code, and repealing existing Chapter 23.04 of the Pasco Municipal Code, and Ordinance No. 1797 and 1973. WHEREAS, in 1983 the Washington State Legislature amended Chapter 43.21C RCW, the State Environmental Policy Act and directed the Washington State Department of Ecology to adopt new rules, interpreting and implementing said amendments to provide uniform guidelines to all branches of government in Washington State; and WHEREAS, the Department of Ecology adopted Chapter 197-11 WAC, providing new SEPA rules and requiring local governments to adopt SEPA ordinances complying with the new rules, no later than October 1, 1984; and WHEREAS, the planning Commission of the City of Pasco conducted a public hearing, on July 19, 1984 to consider new SEPA policies and recommended City Council enact the policies within the body of the required ordinance; and WHEREAS, the City Council of the City of Pasco conducted a public hearing on September 17, 1984 to consider the Planning Commission's recommendation in conjunction with the proposed SEPA ordinance, and finds the Planning Commisson's recommendation appropriate to provide policy direction in environmental review, and further deems the proposed ordinance necessary to comply with State law, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASCO AS FOLLOWS: Section 1. That a new Title 23 of the Pasco Municipal Code hereby is enacted to read as follows: CHAPTER 23.01 GENERAL AUTHORITY Sections 23.01.010 Authority 23.01.020 Implementation 2 23.01.010 AUTHORITY. The State Environmental Policy Act (SEPA), Chapter 43.21 RCW, as amended, and the SEPA rules, Chapter 197-11 WAC, provide the general authority for the City of Pasco to adopt SEPA rules and procedures. 23.01.020 IMPLEMENTATION. Title 23 of the Pasco Municipal Code, entitled "Environmental Impact", contains the City's SEPA rules and procedures, consistent with and implementing the authority referenced in section 23.01.010. WAC 197-11 shall be used in conjunction with this title. CHAPTER 23.02 GENERAL REQUIREMENTS Sections 23.02.010 Purpose 23.02.020 Adoption by reference 23.02.030 Designation of responsible official 23.02.040 Lead agency determination and responsibilities 23.02.050 Additional time limits applicable to SEPA 23.02.060 Additional timing considerations 23.02.010 - PURPOSE. This chapter establishes the basic requirements that apply to the SEPA process. More specific and detailed rules and procedures are contained elsewhere in Title 23 and are in addition to those provided herein. 23.02.020 ADOPTION BY REFERENCE. The City adopts, by reference, the following Sections of WAC 197-11, as supplemented by this chapter: WAC 197-11-040 Definitions. WAC 197-11-050 Lead Agency. WAC 197-11-055 Timing of the SEPA process. (2 ) (b), (3 ) (b), (7 ) WAC 197-11-060 Content of environmental review. WAC 197-11-080 Incomplete or unavailable information. WAC 197-11-090 Supporting documents. 0 3 WAC 197-11-100 Information required of applicants. 23.02.030 DESIGNATION OF RESPONSIBLE OFFICIAL. (A) For those proposals for which the City is the lead agency, the or his/his designee. (B) 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 statement (EIS), and perform any other functions assigned to the "lead agency" or "responsible official" in conjunction with SEPA. (C) The City shall retain all documents required by the SEPA rules (Chapter 197-11-WAC) and make them available in accordance with Chapter 42.17 RCW. 23.02.040 LEAD AGENCY DETERMINATION AND RESPONSIBILITIES. (A) The department within the city receiving an application for or initiating a proposal shall forward the application to the responsible official. The responsible official shall determine the lead agency for the proposal under WAC 197-11-050, and 197-11-922 through 197-11-940, unless the lead agency is aware that another agency is in the process of determining the lead agency. (B) 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 197-11-600. (C) If the City receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination within fifteen days of receipt of the determination. The City may petition the Department of Ecology for a lead agency determination under WAC-197-11-946 anytime within the fifteen-day period after receipt of the determination to which it objects, if it appears 4 the dispute will not be resolved otherwise. 23.02.050 ADDITIONAL TIME LIMITS APPLICABLE TO SEPA. The following time limits (expressed in calendar days) shall apply to the City's review of all private projects as well as those submitted by other agencies. (A) Categorical exemptions. The City shall identify whether an action is categorically exempt within seven days of receiving a completed application. (B) Threshold determinations. (1) The City should comlete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within fifteen days of the date an applicant's adequate application and completed checklist are submitted. (2) When the responsible official requires further information from the applicant or consultation with other agencies with jurisdiction: (a) The City should request such further information within fifteen days of receiving an adequate application and completed environmental checklist; (b) The City shall wait no longer than thirty days for a consulted agency to respond; (c) The responsible official should complete the threshold determination within fifteen days of receiving the requested information from the applicant or the consulted agency. (3) When the City must initiate further studies, including field investigations, to obtain the information to make the threshold determination, the City should comlete the studies within thirty days of receiving an adequate application and a completed checklist. (4) The City shall complete threshold determinations on actions where the applicant recommends in writing that 5 an EIS be prepared, because of the probable significant adverse environmental impact(s) described in the application, within fifteen days of receiving an adequate application and completed checklist. 23.02.060 ADDITIONAL TIMING CONSIDERATIONS. (A) For nonexempt proposals, the DNS or FEIS for the proposal shall accompany the City's staff recommendation to the Planning Commission. (B) If the City's only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request, in writing, the City conduct environmental review prior to submission of the schematic plan of the proposal. All such requests shall be processed in accordance with Section 23.02.050(B). The fee for such requests shall be the same as in Section 23.10.040(1), and shall accompany the written request. CHAPTER 23.03 CATEGORICAL EXEMPTION AND THRESHOLD DETERMINATIONS Sections 23.03.010 Purpose 23.03.020 Adoption by reference 23.03.030 Use of exemptions 23.03.040 Environmental checklist 23.03.050 Mitigated DNS 23.03.010 PURPOSE. The following rules and procedures are established to determine whether a proposal has a "probable significant adverse environmental impact" requiring an environmental impact statement to be prepared. The impacts of proposals not requiiring an EIS may also be evaluated. 23.03 020 ADOPTION BY REFERENCE. The City adopts, by reference, the following sections of WAC Chapter 197-11, as supplemented by this chapter: WAC 197-11-300 Purpose of this part. WAC 197-11-305 Categorical exemptions. WAC 197-11-310 Threshold determination required. 6 WAC 197-11-315 Environmental checklist. WAC 197-11-330 Threshold determination process. WAC 197-11-335 Additional information. WAC 197-11-340 Determination of nonsignificance (DNS). WAC 197-11-350 Mitigated DNS. WAC 197-11-360 Determintion of significance (DS)/ initiation of scoping. WAC 197-11-390 Effect of threshold determination. 23.03.030 USE OF EXEMPTIONS. (A) 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 officials 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. (B) 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 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 responsible official shall determine the lead agency, even if the license application that triggers the department's consideration is otherwise exempt. (C) If a proposal includes both exempt and nonexempt actions, the responsible official may, upon written request, authorize exempt actions prior to compliance with the procedural requirements of this title; provided such authorization complies with WAC 197-11-070. 23.03.040 ENVIRONMENTAL CHECKLIST. (A) A completed environmental checklist (or a copy) in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, or other approval not specifically exempted in this title; except, a checklist is not needed if the reasonable official and applicant agrees an EIS is required, SEPA compliance has been completed, or SEPA compliance has been 7 initiated by another agency. The responsible official shall use the environmental checklist to determine the lead agency and, if the City is the lead agency, for making the threshold determination. (B) For private proposals, the city will require the applicant to complete the environmental checklist, providing assistance as necessary. For city proposals, the department initiating the proposal shall complete the environmental checklist for that proposal. 23.03.050 MITIGATED DNS. (A) 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. (B) An applicant may request, in writing, early notice of whether a DS is likely under WAC 197-11-350. The request must: 1) Following submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and 2) Precede the City's actual threshold determination for the proposal. (C) The responsible official should respond to the request for early notice within 5 working days. The response shall: 1) Be written; 2) 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 3) 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. (D) As much as possible, the City should assist the applicant with identification of impacts to the extent necessary to 8 formulate mitigation measures. (E) 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 fifteen days of receiving the changed or clarified proposal: 1) 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). 2) 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. 3) The applicant's proposed mitigation measures (clarifications, changes or conditions) shall be in writing and must be specific. 4) 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. (F) A mitigated DNS issued under WAC 197-11-340(2), requires a fifteen-day comment period established by public notice, given in accordance with Section 23.05.030. (G) Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the sane manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the City. (H) 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). (I) The City's written response under subsection (B) of this 0 9 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. CHAPTER 23.04 ENVIRONMENTAL IMPACT STATEMENT (EIS) Sections 23.04.010 Purpose 23.04.020 Adoption by reference 23.04.030 Addition considerations to EIS preparaton 23.04.010 PURPOSE. This chapter establishes the rules and procedure for preparing environmental impact statements. 0 23.04.020 ADOPTION BY REFERENCE. The City adopts, by reference, the following sections of WAC 197-11, as supplemented by this chapter: WAC 197-11-400 Purpose of EIS. WAC 197-11-402 General requirements. WAC 197-11-405 EIS types. WAC 197-11-406 EIS timing. WAC 197-11-408 Scoping. WAC 197-11-420 EIS preparation. WAC 197-11-425 Style and size. WAC 197-11-430 Format. WAC 197-11-435 Cover letter or memo. WAC 197-11-440 EIS contents. WAC 197-11-442 Contents of EIS on nonprofit proposals. WAC 197-11-443 EIS contents when prior nonproject EIS. WAC 197-11-444 Elements of the environment. WAC 197-11-448 Relationship of EIS to other considerations. WAC 197-11-450 Cost-benefit analysis. WAC 197-11-455 Issuance of DEIS. except subpart (5) WAC 197-11-460 Issuance of FEIS. 0 10 23.04.030 ADDITIONAL CONSIDERATIONS TO EIS PREPARATION. (A) Preparation of any draft and final EIS (DEIS and FEIS) shall be at the direction of the responsible official. Before the City issues an EIS, the responsible official shall be satisfied that it complies with this title and WAC 197-11. (B) The DEIS and FEIS, and draft and final SEIS, shall be prepared either by the responsible official or his/her designee, a consultant approved by the responsible official, or the applicant. If the Environmental documents are prepared by a consultant or the applicant, the responsible official shall furnish the consultant or applicant with City rules and procedures governing such preparation, and shall direct the areas of research and examination to be undertaken, as well as the organization of the resulting document. In accordance with subsection (A) the responsible official shall be satisfied, prior to any distribution, that such document complies with all applicable rules and procedures. (C) When an applicant or consultant is authorized, in writing, by the responsible official to prepare a draft or final EIS or SEIS, the applicant shall be required to post bond or provide other security, in a manner acceptable to the City Attorney, to assure payment of costs connected therewith. Upon acceptance by the responsible official, any unused portion of the bond or security shall be returned. (D) If the City prepares a draft or final EIS or SEIS, on behalf of an applicant, the City shall charge and collect a reasonable fee from the applicant to cover costs incurred by the City in the preparation of the EIS, and may charge and collect for any other expenses authorized by WAC 197-11. Applicants shall be advised in writing, of projected costs connected therewith, prior to actual preparation, and shall post bond or otherwise insure payment in a manner acceptable to the City Attorney. (E) The City may require an applicant to provide information the City does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this title or that is being requested from another agency. This does not apply to information the City may request under another ordinance or statute. 0 11 CHAPTER 23.05 COMMENTING Sections 23.05.010 Purpose 23.05.020 Adoption by reference 23.05.030 Public notice 23.05.040 Designation of official to perform consulted agency responsibilities for the city 23.05.010 PURPOSE. This chapter establishes the rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. 23.05.020 ADOPTION BY REFERENCE. The City adopts, by reference, the following sections of WAC 197-11, as supplemented in this chapter: WAC 197-11-500 Purpose of this part. WAC 197-11-502 Inviting comment. WAC 197-11-504 Availability and cost of environmental documents. WAC 197-11-535 Public hearings and meetings. WAC 197-11-545 Effect of no comment. WAC 197-11-550 Specificity of comments. WAC 197-11-560 FEIS response to comments. WAC 197-11-570 Consulted agency costs to assist lead agency. 23.05.030 PUBLIC NOTICE. (A) Whenever the City issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the City shall give public notice as follows: (1) If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due. (2) If no public notice is required for the permit or approval, the City shall give notice of the DNS or DS by publishing notice in a newspaper of general circulation in the county, city, or 0 12 general area where the proposal is located. (3) Whenever the City issues a DS under WAC 197-11-360(3), the City shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice. (B) Whenever the City issues a DEIS under WAC 197-11-455(5) or a SEIs under WAC 197-11-620, notice of the availability of those documents shall be given by indicating the availability of the DEIS in any public notice required for a nonexempt license and publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is locoated and indicating when comments are due. (C) The City shall give official notice under WAC-197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. (D) Any publication requirement in this section shall be at the expense of the applicant. 23.05.040 DESIGNATION OF OFFICIAL TO PERFORM CONSULTED AGENCY RESPONSIBILITIES FOR THE CITY. (A) The Community Development Director shall be responsible for preparaton of written comments for the city in response to a consultation request prior to a threshold determination, preparation in scoping, and reviewing a DEIS. (B) The Community Development Director shall be responsible for the City's compliance with WAC 197-11-550 whenever the City is a consulted agency and is authorized to develop operating procedures that will ensure that requests are prepared in a timely fashion and include data from all appropriate departments of the City. CHAPTER 23.06 USING EXISTING ENVIRONMENTAL DOCUMENTS Sections 23.06.010 Purpose 13 23.06.020 Adoption by reference 23.06.010 PURPOSE. This chapter establishes the rules and procedures for using previously prepared environmental documents, National Environmental Policy Act (NEPA) document, supplemental environmental impact statements (SEIS), addenda to environmental documents, adoption of environmental documents, incorporating existing studies and material by reference and combining documents. The intent is to avoid duplication and unnecessary paperwork by utilizing existing information within the context of SEPA review where pertinent to a proposal. 23.06.020 ADOPTION BY REFERENCE. The City adopts, by reference, the following sections of WAC 197-11: WAC 197-11-600 When to use existing environmental documents. WAC 197-11-610 Use of NEPA documents. WAC 197-11-620 Supplemental environmental impact statement-Procedures. WAC 197-11-625 Addenda-Procedures. WAC 197-11-630 Adoption-Procedures. WAC 197-11-635 Incorporation by reference-Procedures. WAC 197-11-640 Combining documents. CHAPTER 23.07 SUBSTANTIVE AUTHORITY Sections 23.07.010 Purpose 23.07.020 Adoption by reference 23.07.030 Substantive authority 23.07.040 Authority to attach conditions 23.07.050 Authority to deny proposals. 23.07.060 SEPA policies 23.07.070 Appeals 23.07.010 PURPOSE. This chapter establishes the rules and policies constituting the City's substantive authority to condition or deny proposals as a result of SEPA. This chapter also provides procedures for appealing SEPA determinations. 14 23.07.020 ADOPTION BY REFERENCE. The City adopts, by reference the following sections of WAC 197-11, as supplemented by this chapter: WAC WAC WAC WAC 197-11-650 197-11-655 197-11-660 197-11-680 except subpart Purpose of this part. Implementation. Substantive authority and mitigation. Appeals. (3 ) 23.07.030 SUBSTANTIVE AUTHORITY. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the City of Pasco. 23.07.040 AUTHORITY TO ATTACH CONDITIONS. The City may attach conditions to a permit or appeal for a proposal so long as: (1) Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this title; and (2) Such conditions are in writing; and (3) The mitigation measures included in such conditions are reasonable and capable of being accomplished; and (4) The City has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and (5) Such conditions are based on one or more policies in Section 23.07.060 and cited in the license or other decision documents. 23.07.050 AUTHORITY TO DENY PROPOSALS. The City may deny a permit or approval for a proposal on the basis of SEPA so long as: (1) A finding is made that approving the proposal would result in probable significant adverse envirnmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this ordinance; and 15 (2) A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and (3) The denial is based on one or more policies identified in Section 23.06.070 and identified in writing in the decision document. 23.07.060 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: A) The City shall use all practicable means, consistant 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: (1) Fulfill the responsibilities of each generation as trustees of the environment for succeeding generations; (2) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings; (3) Attain in the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; (4) Preserve important historic, cultural, and natural aspects of our national heritage; (5) Maintain, whenever possible, an environment which supports diversity and variety of individual choice; (6) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and (7) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. 0 o B) The City recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person 0 16 has a responsibility to contribute to the preservation and enhancement of the environment. C) The City adopts by reference the policies in the following City codes, ordinances, and resolutions, as may be amended hereafter: 1) Comprehensive Plan 2) Comprehensive Parks and Recreation Plan 3) 3-R Area Action Plan 4) Solid Waste Plan 5) Shoreline Plan 6) Urban Parks Recovery Program 7) Resolution Nos. 943, 1305 and 1372 D) The City establishes the following additional policies: 1) Require land development to include appropriate measures to prevent air polution and deterioration of ambient air quality. 2) Require land development to utilize vegetation, topography, and on-site drainage systems or methods sufficient to prevent run-off onto public ways. 3) 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. 4) Avoid the dumping or discharge of any unauthorized substance into the surface or groundwater systems. 5) Preserve the physical capability of lands to support urban development and use. 6) Recognize the intrinsic value of riparian wildlife habitat and, to the extent possible, prevent its deterioration. 0 7) Utilize the noise standards set forth in Chapter 173-60 WAC for proposals not covered by City of Pasco standards, to regulate noise levels generated directly or indirectly by the use of lands. 0 17 8 ) Utilize natural and man-made visual barriers to separate to the extent possible, residential land development, from commercial and industrial land developments and other non-residential uses. 9) 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. 10) 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. 11) 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 (3) or less off-street parking spaces, should be designed to allow vehicles to enter public streets in a head-on fashion rather than by backing out. 12) Require the dedication and/or improvement of right-of-way to promote the logical extension of public streets, or acquire full necessary width, prior to subdivision and/or building permit approval upon adjacent or affected property; or an agreement to equitably participate in financing roadway improvements when it becomes feasible. 23.07.070 APPEALS. (A) Except for permits and variances issued pursuant to RCW 90.58 (Shoreline Management Act), when any non-exempt action, not requiring a decision of the City Council, is conditioned or denied on the basis of SEPA by a non-elected official, the decision may be appealed to the City Council. Appeals shall be in writing, stating the basis of the appeal, and shall be filed with the responsible official no later than ten (10) days after the date of underlying action, and be acompanied by an appeal fee, as required in Section 23.10.040(c)(6). A proper and timely filed appeal shall be 0 18 scheduled for public hearing before the City Council, due notice of which shall be given in accordance with Section 22.88.015. The City Council shall, at the conclusion of such hearing, make and enter findings of fact and take one of the following actions: (1) Approve the decision of the responsible official; (2) Remand the matter to the responsible official, for reconsideration, based on new information unavailable to the responsible official prior to the underlying action; (3) Reverse, in whole or in part, the decision of the responsible official. (B) There shall be no administrative, procedural or substantive appeal relating to SEPA other than as provided in subsection (A) above. CHAPTER 23.08 DEFINITIONS Sections 23.08.010 Purpose 23.08.020 Adoption by reference 22.08.030 Additional definitions 23.08.010 PURPOSE. This chapter is established to define terms used in reference to SEPA, within Title 23 of the Pasco Municipal Code and by reference, to WAC 197-11. 23.08.020 ADOPTION BY REFERENCE. The City adopts, by reference, the following sections of WAC Chapter 197-11, as supplemented by this chapter: WAC 197-11-700 Definitions. WAC 197-11-702 Act. WAC 197-11-704 Action. WAC 197-11-706 Addendum. WAC 197-11-708 Adoption. WAC 197-11-710 Affected tribe. 19 WAC 197-11-712 Affecting. WAC 197-11-714 Agency. WAC 197-11-716 Applicant. WAC 197-11-718 Built environment. WAC 197-11-720 Categorical exemption. WAC 197-11-722 Consolidated appeal. WAC 197-11-724 Consulted agency. WAC 197-11-726 Cost-benefit analysis. WAC 197-11-728 County/city. WAC 197-11-730 Decision maker. WAC 197-11-732 Department. WAC 197-11-734 Determination of nonsignificance (DNS). WAC 197-11-736 Determination of significance, (DS). WAC 197-11-738 EIS. WAC 197-11-740 Environment. WAC 197-11-742 Environmental checklist. WAC 197-11-744 Environmental document. WAC 197-11-746 Environmental review. WAC 197-11-748 Environmentally sensitive area. WAC 197-11-750 Expanded scoping. WAC 197-11-752 Impacts. WAC 197-11-754 Incorporation by reference. WAC 197-11-756 Lands covered by water. WAC 197-11-758 Lead agency. WAC 197-11-760 License. WAC 197-11-762 Local agency. WAC 197-11-764 Major action. WAC 197-11-766 Mitigated DNS. WAC 197-11-768 Mitigation. WAC 197-11-770 Natural environment. WAC 197-11-774 Nonproject. WAC 197-11-778 Preparation. WAC 197-11-780 Private project. WAC 197-11-782 Probable. WAC 197-11-784 Proposal. WAC 197-11-786 Reasonable alternative. WAC 197-11-788 Responsible official. WAC 197-11-790 SEPA: WAC 197-11-792 Scope. WAC 197-11-793 Scoping. WAC 197-11-794 Significant. WAC 197-11-796 State agency. WAC 197-11-797 Threshold determination. 20 WAC 197-11-799 Underlying governmental action. 23.08.030 ADDITIONAL DEFNITIONS. In addition to those definitions contained within WAC 197-11-700 through 799, when used in this Title, the following terms shall have the following meanings, unless otherwise specifically stated or the context indicates otherwise: (1) "Department" means any division, organizational unit of the City established by or order. (2) "SEPA Rules" means WAC Chapter 197-11, Washington State Department of Ecology. subdivision or ordinance, rule, adopted by the (3) "Resonsible Official" means the Community Development Director of the City of Pasco or his/her designee. (4) "Day(s)" shall mean calendar days, provided that when the last day of a specified time period falls upon a holiday or weekend, the next working day shall be the last day. (5) "Early Notice" shall mean the City's response, as provided in Section 23.03.050(C), to an applicant stating whether it considers issuance of a determination of significance likely for the applicants proposal. CHAPTER 23.09 CATEGORICAL EXEMPTIONS Sections 23.090.010 Purpose 23.09.020 Adoption by reference 23.09.020 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. 23.09.020 ADOPTION BY REFERENCE. The City adopts by 21 reference, the following sections of WAC 197-11, as supplemented by P.M.C. Sections 23.03.030 and 23.10.030: WAC WAC WAC 197-11-800 Except subpart (1)(c) 197-11-880 197-11-890 Categorical exemptions. Emergencies. Petitioning DOE to change exemptions. CHAPTER 23.10 AGENCY COMPLIANCE Sections 23.10.010 23.10.020 23.10.030 23.10.040 23.10.050 Purpose Adoption by reference Environmentally sensitive areas Fees Severability 23.10.010 PURPOSE. This chapter is established to provide rules for: charging fees under the SEPA process; designating environmentally sensitive areas; listing agencies with environmental expertise; selecting the lead agency; and applying these rules to current agency activities. 23.10.020 ADOPTION BY REFERENCE. The City adopts, by reference, the following sections of WAC 197-11: WAC 197-11-900 WAC 197-11-902 WAC 197-11-916 WAC 197-11-920 WAC 197-11-922 WAC 197-11-924 WAC 197-11-926 WAC 197-11-928 WAC 197-11-930 WAC 197-11-932 WAC 197-11-934 Purpose of this part. Agency SEPA policies. Application to ongoing actions. Agencies with environmental expertise. Lead agency rules. Determining the lead agency. Lead agency for governmental proposals. Lead agency for public and private proposals. Lead agency for private projects with one agency with jurisdiction. Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city. Lead agency for private projects requiring 22 licenses from a local agency, not a county/city, and one or more state agencies. WAC 197-11-936 Lead agency for private projects requiring licenses from more than one state agency. WAC 197-11-938 Lead agencies for specific proposals. WAC 197-11-940 Transfer of lead agency status to a state agency. WAC 197-11-942 Agreements on lead agency status. WAC 197-11-944 Agreements on division of lead agency duties. WAC 197-11-946 DOE resolution of lead agency disputes. WAC 197-11-948 Assumption of lead agency status. 23.10.030 ENVIRONMENTALLY SENSITIVE AREAS. A.) The City of Pasco shall designate environmentally sensitive areas under the standards of WAC 197-11-908 and shall file maps designationg such areas together with the exemptions from the list in WAC 197-11-908 that are not applicable in such areas, with the Department of Ecology, Headquarters Office, Olympia, Washington. The environmentally sensitive area designations shall have full force and effect of law as of the date of filing. B) The City shall treat proposals located wholly or partially within an environmentally sensitive area no differently than other proposals under this title making a threshold determination for all such proposals. The City shall not automatically require an EIS for a proposal merely because it is proposed for location in an environmentally sensitive area. 23.10.040 FEES. The City shall require the following fees for its activities in accordance with the provisions of this Title: (1) Threshold determination. For every threshold determination to be performed by the city when the city is lead agency, a fee of one hundred dollars ($100) 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. 0 23 (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 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, in a manner acceptable to the City Attorney. (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 expense 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, in a manner acceptable to the City Attorney. (C) In the event that a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees under (A) and (B) of this susbsection 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 RCW Chapter 42.17. (5) The city may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this title, relating to the applicant's proposal. (6) The fees for appeals, under section 23.07.070 shall be fifty ($50.00) dollars. (7) Except as provided in subsection (2)(C), all fees are non-refundable. 23.10.050 SEVERABILITY. If any provision in this ordinance or its application to any person or circumstance is held invalid, 24 the remainder of this ordinance, or the application of the provision to other persons or circumstances, shall not be affected. Section 2. City of Pasco Ordinance Nos. 1797 and 1973 hereby repealed in their entirety. Section 3. The effective date of this ordinance shall be October 1, 1984, after its passage and publication as required by law. PASSED this approved by the Mayor. ATT Wells, City Clerk APR D AS 0 FORM: III • VIMIPM reg Rubstello, Ci y Attorney CITY OF PASCO SUMMARY OF ORDINANCE NO. I. Ordinance No. 2512 is an ordinance relating to environmental impacts by establishing new rules and procedures for environmental review within PMC Title 23, in order to comply with changes to the State Environmental Policy Act (SEPA) and its implementing guidelines, Chapter 197-11 WAC, adopted by the Department of Ecology. Following is a section-by-section Summary of Ordinance No. 2512: Section 1 enacts a new Title 23 (Environmental Impacts) including ten separate chapters as follows: 1) Chapter 23.01 establishes the enabling legislature (Chapter 43.21C RCW) and rules (Chapter 197-11 WAC) from which the city derives its authority to adopt and implement new SEPA rules and procedures. 2) Chapter 23.02 establishes basic procedural requirements relating to the SEPA process, relating to designation of the responsible official; determining lead-agency; and provides time limits for making threshold determinations or ruling a proposal is exempt from SEPA review. 3) Chapter 23.03 establishes rules and procedure for determining if proposals are categorically exempt and for making threshold determinations for proposals which must undergo SEPA review. 4) Chapter 23.04 establishes the rules and procedures governing preparation of environmental impact statements. 5) Chapter 23.05 establishes the rules for commenting and consulting, and responding to environmental documents prepared pursuant to SEPA. This chapter also provides the city's procedure for giving public notice for threshold determinations and issuing draft environmental impact statements. 6) Chapter environmental avoid costly SEPA review proposal. 23.06 authorizes the city to use existing documents, previously prepared, in order to duplication and unnecessary paperwork during when such documents are pertinent to a 7) Chapter 23.07 establishes the city's substantive authority to condition or deny proposals as a result of SEPA. This chapter contains the city's SEPA policies as the basis for conditioning or denying proposals and contains the city's appeal process. 8) Chapter 23.08 establishes the definitions of terms used in conjunction with SEPA. 9) Chapter 23.09 establishes the list of proposals or activities which are exempt from SEPA review, subject to the rules and limitations on categorical exemptions contained in WAC 197-11. 10) Chapter 23.10 establishes the process by which environmentally sensitive areas may be formally designated, and contains the fees which will be charged pursuant to SEPA. Section 2 repeals the existing ordinances and portions of The Pasco Municipal Code relating to SEPA. Section 3 establishes that these new rules and procedures for SEPA will go into effect on October 1 0 1984. III. A copy of the full text of Ordinance No. A5702 will be furnished by the City at no cost to any person who requests, in writing, a copy of the ordinance. Written request must be filed, in person or by mail, with the City Clerk of the City of Pasco, 412 West Clark Street, Pasco, Washington 99301, PUBLISH: 9/23/84 Please return two Affidavits of Publication CITY OF PASCO SUMMARY OF ORDINANCE NO I Ordinance No 2512 is an ordinance relating to en vironmental impacts by es tplishing new rules and procedures for environ !pent& review with PMC itle 23 in order to comply with changes to the State Environmental Policy Act (SEPA) and its, implement- ing guidelines Chapter 197 11 WAC adopted by the DePanment of Ecology If Following is a section by section Summary of Or dinance No 2512 Section 1 enacts a new Tale 23 (Environmental 1m pacts) including ten sopa orate chapters as follows 1) Chapter 23 01 estab fishes the enabling legis lature (Chapter 43 21C RCVV) and rules (Chapter 197-11 WAC) from which the city derives its authority to adopt and implement new SEPA rules and proce dures 2) Chapter 23 02 estab !mhos basic procedural re quirements relating to the SEPA process relating to designation of the responsi ble official determining lead agency and provides time limits for making threshold determinations or ruling a proposal is exempt from SEPA review 3) Chapter 23 03 estab fishes rules and procedure - - — for determining if proposals are categorically exempt and for making threshold determinations for propo- sals which must undergo SEPA review 4) Chapter 23 04 estab- lishes the rules and proce dures governing preparation of environmen tal impact statements 5) Chapter 23 05 estab- lishes athe rules for com- menting and consulting and responding to environ mental documents pre pared pursuant to SEPA This chapter also provides the city s procedure for giv- ing public notice for thresh old determinations and Issuing draft environmental impact statements 6) Chapter 23 06 autho mos the city to use existing environmental documents previously prepared in order to avoid costly dupli cation and unnecessary pa perwork during SEPA review when such docu ments are pertinent to a proposal 7) Chapter 23 07 estab lishes the city s substantive authority to condition or deny proposals as a result of SEPA This chapter con tains the city s SPA poll cies as the basis for conditioning or denying proposals and contains the city s appeal process 8) Chapter 23 08 estab lishes the definitions of terms used in conjunction with SEPA 9) Chapter 23 09 estab- lishes the list of proposals or activities which are exempt from SEPA review subject to the rules and km Mations on categorical exemptions contained in WAC 197 11 10) Chapter 23 10 °staid= lishes the process by which environmentally sensitive areas may be formally des ignateid and contains the fees which will be charged pursuant to SEPA Section 2 repeals the exinting ordinances and portions of the Pasco Mu mole& Coda relating to SEPA Section 3 establishes that these new rules and procedures for SEPA will go into effect on October 1984 III A copy of the full text \ of Ordinance No 2512 will be furnished by the City at no cost to any person who requests on writing a copy, of the ordinance Writtenl request must be filed in person or by mail with the City Clerk of the City of Pasco 412 West Clarki Street Pasco Washington' 99301 LEGAL NO 17840 - September 23-, 1984 j t - 5, AFFIDAVIT OF PUBLICATION COUNTY OF Bentolia )ss Si A PE OF WASHINGTON ) Karen Roberson , being first duly sworn on oath deposes and says .fij3he is the Principal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily news- paper in Benton County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of a Legal notice as it was printed in the regular and entire Issue of the Tri City Herald itself and not in a supplement thereof, for a period of 9 ULM XtEtimislitturmits, commencing on the 23rd day of Sept, , 19 84 , and ending on the 23rd day of StaPt .. , 19 84 , and that said newspaper was regularly distributed to its subscribers during all of this period , That the full amount of $ 2.80 has_ not nitES been paid in full, also at the rate of , *1' 12 inches st 6,90 1 J I 1 Subscribed and sworn to before me this 24th day of Sept , 19 84 Notary Public in and for the State of Washington residing at Pasco e55. FINANCE DEPARTMENT 15091 545-3401 Senn 726-3401 P. 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 September 18, 1984 In City Herald P 0 Box 2608 Pasco, Washington 99302 Gentlemen- Please publish Ordinance No 2512 (Summary) on the following date. September 23, 1984 Please send two (2) Affidavits of Publication Sincerely yours, Evelyn Wells City Clerk ew