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
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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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
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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.
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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
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(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.
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B) The City recognizes that each person has a fundamental and
inalienable right to a healthful environment and that each person
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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.
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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.
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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
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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.
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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