HomeMy WebLinkAbout3297 OrdinanceORDINANCE NO.
AN ORDINANCE relating to Environmental Review and
amending Title 23 dealing with the State Environmental Policy
Act regulations
,
WHEREAS, through the requirements of the State Environmental
Policy Act (SEPA) the City has a responsibility to regulate and control
physical development in such a way as to ensure protection of the _ environment, and,
WHEREAS, the City of Pasco is required by the State of Washington to
have its own local SEPA regulations that are consistent with state-wide
rules
WHEREAS, changes in the state-wide SEPA rules mandate that the
City also amend PMC Title 23 to bring said Title into conformance with state
law and regulation, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That PMC Chapter 23 01 be and the same is hereby
amended to read as follows
CHAPTER 23 01
GENERAL AUTHORITY
Sections
23 01 010 Authority
23 01 020 Implementation
23 01 010 AUTHORITY The State Environmental Policy Act (SEPA),
RCW Chapter 43 21 C-120 as amended, and the SEPA rules, Chapter 197-11
WAC, provided the general authority for the city to adopt SEPA rules and
procedures ((Ord 2512 Sec 1 (part), 1984)
23 01 020 IMPLEMENTATION This title entitled "Environmental
Impact," contains the city's SEPA rules and procedures, consistent with
and implementing the authority referenced in Section 23 01 010 WAC
Chapter 197-11 shall be used in conjunction with this title (Ord 2512
Sec 1 (part), 1984)
Section 2. That PMC Chapter 23 02 be and the same is hereby
amended to read as follows
CHAPTER 23 02
GENERAL REQUIREMENT
Sections
23 02 010 Purpose
23 02 020 Adoption by reference
23 02 030 Additional definitions
23 02 03'10 Designation of responsible official
23 02 0450 Lead agency determination and
responsibilities
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23 02 060 Additional timing consideration
23 02 010 PURPOSE This chapter establishes the basic requirements
that apply to the SEPA process More specific and detailed rules and
procedure are contained elsewhere in this title and are in addition to those
provided in this chapter (Ord 2512 Sec 1 (part), 1984)
23 02 020 ADOPTION BY REFERENCE The city adopts, by
reference, the following Sections of WAC Chapter 197-11, as supplemented
by this chapter
WAC 197-11-040
WAC 197-11-050
WAC 197-11-055
WAC 197-11-060
WAC 197-11-070
WAC 197-11-080
WAC 197-11-090
WAC 197-11-100
WAC 197-11-158
WAC 197-11-210
WAC 197-11-220
WAC 197-11-228
Definitions
Lead Agency
Timing of SEPA process
(1)(b) (3) (b) (7)
Content of environmental review
Limitations on actions during SEPA process
Incomplete or unavailable information
Supporting documents
Information required of applicants
GMA protect review-reliance on existing plans
and regulations
SEPA/GMA integration
SEPA/GMA definitions
Overall SEPA GMA integration procedures
WAC 97-11-230 Timing of an integrated GMA/SEPA process
WAC 197-11-232 SEPA/GMA integration procedures for preliminary planning,
environmental analysis and expanded scoping
WAC 197-11-235 Documents
WAC 197-11-238 Monitoring
WAC 197-11-250 SEPA/Model Toxic Control Act integration
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WAC 97-11-253
WAC 197-11-256
WAC 197-11-259
actions
WAC 197-11-262
SEPA lead agency for MTCA actions
Preliminary evaluation
Determination of nonsignificance for MTCA remedial
Determination of significance and EIS for
MTCA remedial actions
Early scopmg for MTCA remedial actions
MTCA interim action (Ord 2512 Sec 1 (part), 1984)
WAC 197-11-265
WAC 197-11-268
23 02 030 ADDITIONAL DEFINITIONS In addition to those
definitions contained within WAC 197-11 700 through 197-11-799, when used
in this Title, the following terms shall have the following meanings, unless
the context indicates otherwise
(1) "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
(2) "Department" means any division, subdivision or organizational
unit of the City of Pasco established by ordinance, rule, or order
(3) "SEPA rules" means chapter 197-11 WAC adopted by the
department of ecology,
(4) "Ordinance" means the ordinance, resolution, or other procedure
used by the City of Pasco to adopt regulatory requirements
(5) "Early notice" means the City's response to an applicant stating
whether it considers issuance of a determination of significance likely for the
applicant's proposal
23 02 0340 DESIGNATION OF RESPONSIBLE OFFICIAL (a) For those
proposals for which the City is the lead agency, the responsible official shall
be the Community Development director or his/her designee
(b) For all proposals for which the City is the lead agency, the
responsible official shall make the threshold determination, supervise
scopmg and preparation of any required environmental impact statement
(EIS), and perform any other functions assigned to the "lead agency" or
"responsible official" in conjunction with SEPA by those sections of the
SEPA rules that were adopted by reference in WAC 173-806-020
(c) The City shall retain all documents required by the SEPA rules
(WAC Chapter 197-11) and make them available in accordance with RCW
Chapter 42 17 (Ord 2512 Sec 1 (part), 1984
23 02 0450 LEAD AGENCY DETERMINATION AND
RESPONSIBILITIES (a) The department within the city receiving an
application for or initiating a proposal that involves a nonexempt action
shall forward the application to the responsible official The
responsible official shall determine the lead agency for the that proposal
under WAC 197-11-050 and 197-11-922 through 197-11-940, unless the lead
agency has been previously determined or that the department is aware that
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another department or agency is in the process of determining the lead
agency
(b) When the City is the lead agency for a proposal the
responsible official shall supervise compliance with the threshold
determination requirements, and if an EIS is necessary, shall supervise
preparation of the EIS
{14)(2) 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
LcII 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, or The city may must
petition the Department of Ecology for a lead agency determination under
WAC 197-11-946 anytime within the fifteen-day time period after receipt
of the determination to which it objects, if it appears the dispute will not
be resolved otherwise (Ord 2512 Sec 1 (part), 1984)
(e) Departments of the City are authorized to make agreements as to
lead agency status or shared lead agency duties for a proposal under WAC
197-11-942 and 197-11-944 Provided, that the responsible official and any
department that will incur responsibilities as the result of such agreement
approve the agreement
(f) Any department making a lead agency determination for a private
proiect shall require sufficient information from the applicant to identify
which other agencies have iunsdiction over the proposal (That is Which
agencies require nonexempt licenses?)
23 02 050 ADDITIONAL TIME LIMITS APPLICABLE TO SEPA The
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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 complete 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
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(A) The city should Fe-quest such further information within fifteen
days of receiving an adequate application and completed environmental
checklist,
(B) The city shall Walt 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 application 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 complete the studies within thirty days of
receiving an adequate application and a completed checklist
(1 ) The city shall complete threshold determinations on actions
where the applicant recommends in writing that an EIS be prepared,
because of the probable significant adverse environmental impact(s)
described in the application and completed checklist (Ord 2512 Sec 1
(part), 1981)
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 detailed schematic
plans and specifications of the proposal All such requests shall be
processed in accordance with Section 23 02 05(B) The fee for such request
shall be the same as in Section 23 10 040(1), and shall accompany the
written request (Ord 2512 Sec 1 (part), 1984)
Section 3. That PMC Chapter 23 03 be and the same is hereby
amended to read as follows
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
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23 03 010 PURPOSE The following rules and procedures are
established in this chapter are to determine whether a proposal has a
"probable significant adverse environmental impact" requiring an
environmental impact statement (EIS) to be prepared The rules and
procedures are also used for evaluating impacts impacts of proposals not
requiring an EIS . (Ord 2512 Sec 1 (part), 1984)
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
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 nonsigmficance (DNS)
WAC 197-11-350 Mitigated DNS
WAC 197-11-355 Optional DNS
WAC 197-11-360 Determination of significance (DS)
initiation of scopmg
WAC 197-11-390 Effect of thresholds determination
(Ord 2512 Sec 1 (part), 1984)
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 nonexempt actions, 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
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prior to compliance with the procedural requirements of this title, provided
such authorization complies with WAC 197 11 070 except that
(1) The City shall not give authorization for,
(i) Any nonexempt action,
(11) Any action that would have an adverse environmental
impact, or
(in) Any action that would limit the choice of alternatives
(2) The responsible official may withhold approval of an exempt
action that would lead to modification of the physical environment, when
such modification would serve no purpose if nonexempt action(s) were not
approved, and
(3) The responsible official may withhold approval of exempt actions
that would lead to substantial financial expenditures by a private applicant
when the expenditures would serve no purpose if nonexempt action(s) were
not approved (Ord 2512 Sec 1 (part), 1984)
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 responsible official and applicant agree an EIS is
required, SEPA compliance has been completed, or SEPA compliance has
been 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 (Ord 2512 Sec 1 (part),
1984)
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 five working days The response shall
(1) Be written,
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(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
(4) (c) As much as possible, the city should assist the applicant with
identification of impacts to the extent necessary to formulate mitigation
measures
(e) (d) 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 fourteen day comment period established by and 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 same 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 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 (Ord 2512 Sec
1 (part), 1984)
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Section 4. That PMC Chapter 23 04 be and the same is hereby
amended to read as follows
CHAPTER 23 04
ENVIRONMENTAL IMPACT STATEMENT (EIS)
Sections
23 04 010 Purpose
23 04 020 Adoption by reference
23 04 030 Additional considerations to EIS preparation
23 04 010 PURPOSE This chapter establishes the rules and
procedures for preparing environmental impact statement (Ord 2512 Sec 1
(part), 1984)
23 04 020 ADOPTION BY REFERENCE The city adopts, by reference,
the following sections of WAC Chapter 197-11, as supplemented by this
chapter
WAC 197-11-400 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 Scopmg
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 nonprofit 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
(Ord 2512 Sec 1 (part), 1984)
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 within this title and
WAC 197-11
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(b) The DEIS and FEIS, and draft and final SETS, 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) of this section 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 SETS, 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 SETS, 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
Chapter 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 (Ord
2512 Sec 1 (part), 1984)
Section 5. That PMC Chapter 23 05 be and the same is hereby
amended to read as follows
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 city
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23 05 010 PURPOSE This chapter establishes the rules for
consulting, commenting and responding on all environmental documents
under SEPA, including rules on all environmental hearings ((Ord 2512 Sec
1 (part), 19 8 4 )
23 05 020 ADOPTION BY REFERENCE The city adopts, by
reference, the following sections of WAC Chapter 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 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
(Ord 2512 Sec 1 (part), 1984)
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), and shall
integrate the public notice required under this section with existing notice
procedures for the City's nonexempt permits or approvals required for the
proposal the city shall give public notice public notice shall be given as
follows
(1) If public notice is required for a nonexempt license, the notice
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due If a SEPA document is issued concurrently with the notice of
application, the public notice requirements for the notice of application will
suffice to meet the SEPA public notice requirements
(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 general area where the
proposal is located by posting in the City Hall at 525 North Third Avenue
(3) Whenever the city issues a DS under WAC 197-11-360(3),
the city shall state the scopmg procedure for the proposal in the DS as
required in WAC 197-11-408 and in the public notice
(4) If a DNS is issued using the optional DNS process, the public
notice requirements for the notice of application as supplemented by the
requirements in WAC 197-11-355 will suffice to meet the SEPA public notice
requirements
fla) 1_51 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 located and indicating when comments are due
(c) .(6j. 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)L7j. Any publication requirement in this section shall be at the
expense of the applicant (Ord 2512 Sec 1 (part), 1984)
23 05 040 DESIGNATION OF OFFICIAL TO PERFORM CONSULTED
AGENCY RESPONSIBILITIES FOR THE CITY (a) The community
development director shall be responsible for preparation 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 (Ord 2512 Sec 1 (part), 1984)
Section 6. That Chapter 23 55 entitled "Procedures for SEPA
Administrative Appeals" be and the same is hereby repealed in its entirety
including each section therein and deleted from the Pasco Municipal Code
Section 7. That PMC Chapter 23 06 be and the same is hereby
amended to read as follows
CHAPTER 23 06
USING EXISTING ENVIRONMENTAL DOCUMENTS
Sections
23 06 010 Purpose
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
(Ord 2512 Sec 1 (part), 1984)
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23 06 020 ADOPTION BY REFERENCE The city adopts, by
reference, the following sections of WAC Chapter 197-11
Planned actions—Definition and criteria
168 Ordinances or resolutions designating planned actions
--Procedure for adoption
Planned action—proiect review
When to use existing environmental
documents
Use of NEPA documents
Supplemental environmental impact
statement-procedure
Addenda-Procedures
Adoption-Procedures
Incorporation by reference Procedures
Combining documents
(part), 1984)
WAC 197-11-164
WAC 197-11-172
WAC 197-11-600
WAC 197-11-610
WAC 197-11-620
WAC 197-11-625
WAC 197-11-630
WAC 197-11-635
WAC 197-11-640
(Ord 2512 Sec 1
Section 8. That PMC Chapter 23 07 be and the same is
amended to read as follows
CHAPTER 23 07
SUBSTANTIVE AUTHORITY
SEPA AND AGENCY DECISIONS
hereby
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 (Ord 2512 Sec (part), 1984)
23 07 020 ADOPTION BY REFERENCE The city adopts, by reference
the following sections of WAC Chapter 197-11, as supplemented by this
chapter
WAC 197-11-650 Purpose of this part
WAC 197-11-655 Implementation
WAC 197-11-660 Substantive authority and mitigation
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WAC 197-11-680 Appeals
except subpart (3)
(Ord 2512 Sec 1 (part), 1984)
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 (Ord 2512 Sec 1 (part), 1984)
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 impacts, and policies
in Section 23 07 060 and cited in the license or other decision documents
(Ord 2512 Sec 1 (part), 1984)
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 environmental impacts that are identified in a
FEIS or final SETS prepared pursuant to this title, and
(2) A finding is made that there are no reasonable mitigation
measure 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 (Ord 2512
Sec (part), 1984)
23 07 060 SEPA POLICIES
reference the following policies as
authority pursuant to this section
(a) The city shall use all
The city designates and adopts by
the basis for the city's exercise of
practicable means, consistent 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 the state safe, healthful, productive
and aesthetically and culturally pleasing surroundings,
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(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 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
(b) The city recognizes that each person has a fundamental and
inalienable right to a healthful environment and that each person has a
responsibility to contribute to the preservation and enhancement of the
environment
(c) The city adopts— incorporates by reference the policies in the
following city codes plans, 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 and 2337
(8) Ordinance No 3255
(d) The city establishes the following additional policies
(1) Require land development to include appropriate measures to
prevent air pollution and deterioration of ambient air quality
(2) Require land development to utilize vegetation, topography and
on-site drainage systems or methods sufficient to prevent runoff 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
(7) Utilize the noise standards set forth in WAC Chapter 173-60 for
proposals not covered by city standards, to regulate noise levels
generated directly or indirectly by the use of lands
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(8) Utilize natural and manmade visual barriers to separate to the
extent possible, residential land development, from commercial and
industrial land developments and other nonresidential 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-located so as not to interfere with left
turn pockets and in no case closer than sixty 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 or less off-
street parking spaces, should be designed to allow vehicle 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,
width, prior to subdivision and/or building permit approval upon
adjacent or affected property, or an agreement to equitably participate in
concurrent with
development (Ord 2512 Sec 1 (part), 1984)
23 07 070 APPEALS (a) Except for permits and variances issued
pursuant to RCW 90 58 (Shoreline Management Act), when any
nonexempt 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-13e in writing-
accompanied by an appeal fee, as required in Section 23 10 010(c)(6) A
C
-
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
C
- _ - -
-
{3) Reverse, in whole or in part, the decision of the responsible
official
relating to SEPA other than as provided in subsection (a) of this section
(Ord 2512 Sec 1 (part), 1981)
- : -
-16-
(1) Such appeal may be perfected by the proponent or an aggrieved
party by giving notice to the responsible official Appeals on threshold
determinations shall be filed within ten (10) days or prior to the lapse of any
comment period on a threshold determination under WAC 197-11-340(20 All
other appeals shall be filed within ten (10) days
(a) The appeal shall be filed in writing and shall contain the name
and address of the person filing the appeal and the name of the organization
or agency represented, if any
(b) The appeal shall set forth the specific reason, rationale, and/or
basis for the appeal
(c) payment of the appeal fee in the amount of $200 00 shall occur at
the time the appeal is filed
(2) If the appeal has been timely filed and complies with the
requirements of (1) above, the City Council shall conduct a an open appeal
public- hearing into the merits of the appeal at which time the City Council
shall hear and receive testimony, documentary evidence, and arguments from
the appellant(s) solely on the issues raised or identified by the appeal
(a) The person(s) filing the appeal shall have the burden of going
forward with the evidence and the ultimate burden of persuasion
(b) Notice of any public open appeal hearing held pursuant to this
section shall be provided as specified in Section 22 88 015
(c) The City Council may continue the open appeal hearing from
time-to-time without further mail or delivered notice
(d) The City Council shall maintain an electronic record of the
testimony and arguments presented and a record of any physical
evidence/documents presented
(e) The City Council's decision shall be rendered within ten (10)
working days of the conclusion of an open appeal hearing unless a longer
period is agreed to by the appellant This will be the effective date of the
decision
(f) The City Council's decision shall include findings of fact and
conclusions in support of the decision
(g) The City Council's decision under this section may be to grant or
deny the appeal in whole or in part, or to remand the threshold
determination to the responsible official for reconsideration
(h) Appeal hearings held by the City Council pursuant to this section
shall be de novo
(i) The City Council's decision shall become final unless appealed
by an aggrieved party within ten (100 working days from the effective date of
the decision
(3) Appeal of the final decision of the City Council under this section
shall e to the superior court of Franklin County (Ord 2886 Sec l(part),
1992)
(4) SUBSTANTIAL WEIGHT ACCORDED RESPONSIBLE OFFICIAL
The procedural determinations may by the City's responsible official shall
carry substantial weight in any appeal proceeding under this chapter
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(5) RECORD For any appeal to superior court under this chapter,
the City shall provide for a record that shall consist of the following
(a) Findings and conclusions,
(b) Testimony under oath, and
(c) A taped or written transcript, the cost of which shall be borne by
the appellant
(6) EXHAUSTION OF REMEDIES SEPA appeal procedures, as
provided herein, must be utilized prior to iudicial review of the SEPA
decision
Section 9. That PMC Chapter 23 08 be and the same is hereby
amended to read as follows
CHAPTER 23 08
DEFINITIONS
Sections
23 08 010 Purpose
23 08 020 Adoption by reference
23 08 030 Additional definitions
23 08 010 PURPOSE This chapter is established to define terms
used in reference to SEPA, within this title or this code and by reference, to
WAC Chapter 197-11 (Ord 2512 Sec 1 (part), 1984)
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
WAC 197-11-712 Affecting
WAC 197-11-714 Agency
WAC 197-11-716 Applicant
WAC 197-1 1-7 18 Built environment
WAC 197-11-720 Categorical exemption
WAC 197-11-721 Closed record appeal
WAC 197-11-722 Consolidated appeal
WAC 197-11-724 Consulted agency
WAC 197-11-726 Cost-benefit analysis
WAC 197-11-728 County
WAC 197-11-730 Decision maker
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WAC 197-11-732 Department
WAC 197-11-734 Determination of nonsignificance (DNS)
WAC 197-11-736 Determination of nonsignificance (DS)
WAC 197-11-738 EIS
WAC 197-11-740 Environment
WAC 197-11-742 Environmental checklist
WAC 197-11-744 Environmental documents
WAC 197-11-746 Environmental review
WAC 197 11 718 Environmental 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 Land agency
WAC 197-11-760 Lands covered by water
WAC 197-11-762 License
WAC 197-11-764 Major action
WAC 197-11-766 Mitigated DNS
WAC 197-11-768 Mitigation
WAC 197-11-770 Natural environment
WAC 197-11-772 NEPA
WAC 197-11-774 Nonprofit
WAC 197-11-775 Open record hearing
WAC 197-11-776 Phased Review
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
WAC 197-11-799 Underlying governmental action
(Ord 2512 Sec 1 (part), 1984)
• • • •
. ... .-.
definitions contained within WAC 197 11 700 through 197 11 799, when
0 •
•••
meanings, unless otherwise specifically stated or the context indicates
otherwise
-19-
(1) "Day(s)" shall mean calendar days, provided that when the last day
of a specified time period falls upen a holiday or weekend, the next working
day shall be the last day
(2) "Department" mean-s any division, subdivision or ergaruzational
unit of the city established by ordinance, rule or order
(3) "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
(4) "Responsible Official" means the community development
director of the city or his/her designee
(5) "SEPA rules" means WAC Chapter 197 11, adopted by the
Washington State Department of Ecology (Ord 2512 Sec 1 (part), 198'1)
Section 10. That PMC Chapter 23 09 be and the same is hereby
amended to read as follows
CHAPTER 23 09
CATEGORICAL EXEMPTIONS
Sections
23 09 010 Purpose
23 09 020 Adoption by reference
23 09 010 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 (Ord 2512 Sec 1
(part), 1984)
23 09 020 ADOPTION BY REFERENCE The city adopts by reference,
the following sections of WAC Chapter 197-11, as supplemented by Sections
23 03 030 and 23 10 030
WAC 197-11-800 Categorical exemptions
Except subpart (1)(c)
WAC 197-11-880 Emergencies
WAC 197-11-890 Petitioning DOE to change exemptions
(Ord 2512 Sec 1 (part), 1984)
Section 11. That PMC Chapter 23 10 be and the same is hereby
amended to read as follows
CHAPTER 23 10
AGENCY COMPLIANCE
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Sections
23 10 010 Purpose
23 10 020 Adoption by reference
23 10 030 Environmental sensitive areas
23 10 040 Fees
23 10 010 PURPOSE This chapter is established to provide rules for
SEPA compliance, including rules for changing fees under the SEPA process,
designating categorical exemptions that do not apply within critical areas
environmentally sensitive areas, listing agencies with environmental
expertise, selecting the lead agency, and applying these rules to current
agency activities (Ord 2512 Sec 1 (part), 1984)
23 10 020 ADOPTION BY REFERENCE The city adopts, by reference,
the following sections of WAC 197-11
WAC 197-11-900 Purpose of this part
WAC 197-11-902 Agency SEPA policies
WAC 197-11-916 Application to ongoing actions
WAC 197-11-920 Agencies with environmental expertise
WAC 197-11-922 Lead agency rules
WAC 197-11-924 Determining the lead agency
WAC 197-11-926 Lead agency for governmental proposals
WAC 197-11-928 Lead agency for public and private proposals
WAC 197-11-930 Lead agency for private projects with one agency with
jurisdiction
WAC 197-11-932 Lead agency for private project requiring licensing from
more than one agency, when one of the agency is a
county/ city
WAC 197-11-934 Lead agency for private projects requiring licenses from a
local agency, not a county/city, and/or more state
agencies
WAC 197-11-936 Lead agency for private project 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 duties
WAC 197-11-948 Assumption of lead agency status
(Ord 2512 Sec 1 (part), 1984)
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23 10 030 CRITICAL AREAS ENVIRONMENTALLY SENSITIVE AREAS
(a) The city shall designate environmentally sensitive areas under the
•
•
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
" - -
date of filing
(b3. The city shall treat proposals located wholly or partially within an
C
title making a threshold determination for all such proposals The city
- -
-
is proposed for location in an environmentally sensitive area (Ord 2512
Sec 1 (part), 1981)
(a) The scope of environmental review of actions within critical areas
shall be limited to
(1) Documenting whether the proposal is consistent with the
requirement of the critical areas ordinance and,
(2) Evaluating potentially significant impacts on the critical area
resources not adequately addressed by GMA planning document and
development regulations, if any, including any additional mitigation
measures needed to protect the critical areas in order to achieve consistency
with SEPA and other applicable environmental review laws
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 environmental
checklist determination to be performed by review by the city when the city
it is lead agency, a fee of one hundred dollars shall be required of from the
proponent of the proposal This fee shall be collected prior to
undertaking the threshold determination, and the time periods provided by
this title for making a threshold determination shall not begin to run until
payment of the fee
(2) Environmental Impact Statements
(a) For all proposals requiring an EIS for which the city is the lead
agency and for which the responsible official determines that the EIS shall
be prepared by employees of the city, the city may charge and collect a
reasonable fee from any applicant to cover 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 an EIS
or portion of the EIS, for activities initiated by some person or entity other
-22-
than the city and may bill such costs and expense directly to the applicant
Such consultants shall be selected by mutual agreement of the city and
applicant 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
subsection (a) and (b) of this section 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 two
hundred dollars
(7) Except as provided in subsection (2)(c) of this section all fees
are non-refundable (Ord 2512 Sec 1 (part), 1984)
Section 12. That PMC Chapter 23 11 be and the same is hereby
amended to read as follows
CHAPTER 23 11
CRITICAL LANDS PROTECTION
Sections
23 11 010 General provision
23 11 020 Application
23 11 010 GENERAL PROVISIONS The provisions of the State
Environmental Policy Act and Shoreline Management Act and their attendant
rules are recognized as the regulatory vehicle through which the city meets
its obligations to protect critical lands as required by RCW 36 78 030 and
060 (Ord 2923, Sec 1, 1993)
23 11 020 APPLICATION All proposed land development projects shall
be reviewed for critical lands protection utilizing the regulations and
processes of the State Environmental policy act, the Shoreline Management
Act and attendant rules (Ord 2923, Sec 1, 1993)
Section 13. That a new PMC Chapter 23 12 be and the same is
hereby enacted to read as follows
-23-
C arles D Kilbury
CHAPTER 23 12
FORMS
Sections
23 12 010 Purpose
23 12 020 Adoption by reference
23 12 010 PURPOSE This chapter establishes the forms that the
City is to utilize in complying with the requirements of this title
23 12 020 ADOPTION BY REFERENCE The City adopts by reference
the following sections of WAC Chapter 197-11 dealing with forms
WAC 197-11-960 Environmental checklist
WAC 197-11-965 Adoption notice
WAC 197-11-970 Determination of nonsignificance (DNS)
WAC 197-11-980 Determination of significance and
scopmg (DS)
WAC 197-11-985 Notice of assumption of lead agency
status
WAC 197-11-990 Notice of action
Section 14. This ordinance shall be in full force and effect five days
after passage and publication as required by law
PASSED by the City Council of the City of Pasco, at its regular
meeting, May 4, 1998
Mayor
ATTEST APPROVED AS TO FORM
Catherine D Seaman Leland B Kerr
Deputy City Clerk
City Attorney
-24-
CITY OF PASCO
SUMMARY OF ORDINANCE NO 3caT7
ORDINANCE NO acvl , is an ordinance concerning Environmental
Reviews and amending Title 23 of the Pasco Municipal Code as
required by the State Department of Ecology
Section 1 Amends PMC Chapter 23 01 by changing the name of the
chapter
Section 2 Amends PMC Chapter 23 02 by adding definitions and
adopting by reference 15 sections of WAC 197-11 Also
includes minor wording changes under the sections for
Responsible Official and Lead Agency Determination The
Additional Time Limits section was deleted and the
Additional Timing Considerations section was slightly
modified
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Amends PMC Chapter 23 03 by clarifying the purpose
statement, adopting 2 new WAC 197-11 sections and
clarifying the Use of Exemptions section
Amends PMC Chapter 23 04 by eliminating the adoption
of subpart (5) of WAC 197-11-455
Amends PMC Chapter 23 05 by modifying instructions on
public notices
Repeals PMC Chapter 23 055 dealing with administrative
appeals
Amends PMC Chapter 23 06 by adopting one additional
WAC 197-11 section
Amends PMC Chapter 23 07 by changing the name of the
chapter and adding a reference to a resolution and
ordinance in the SEPA Policies section The section on
appeals was substantially modified by deleting old
procedures and replacing them with new procedures
Section 9 Amends PMC Chapter 23 08 by including the adoption of
5 new WAC 197-11 sections and deleting the Additional
Definitions section
Section 10 Amends PMC Chapter 23 09 by eliminating subpart (1)(e)
of WAC 197-11-800
Section 11 Amends PMC Chapter 23 10 by modifying the purpose
statement and changing the section on Environmentally
Sensitive Areas as well as the section on Fees The appeal
fee was changed from $50 to $200
Section 12 Makes no changes to PMC Chapter 23 11
Section 13 Adds a new PMC Chapter 23 12 adopting WAC 197-11
sections dealing with required forms
Section 14 States that the ordinance takes effect five days after
passage and publication
The full text of Ordinance No ,-jaczk'--1 is available free of charge to
any person who requests it from the City Clerk of the City of Pasco
(509) 545-3402, P 0 Box 293, Pasco, Washington 99301-0293
Catherine D Seaman, Deputy City Clerk
DATE
kfc-)1.-•1 i":1°1° P 0 BOX 2608
PASCO, WASHINGTON 99302 2608
PHONE (509) 582 1500
&MA& ADVEMS1102
INVOICE
SOLD TO
.° LEGAL NO
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ACCOUNT NO
DESCRIPTION
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Notary public in and for the State of Wash-
ington, residing at
COMMISSION EXPIRES r IIHI ANL'
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NOTOCIE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered
Please detach at perforation and return with payment
ECEIVErili
MAY 1 0 1998
FINANCE DEPT
CITY OF PASCO
SUMMARY OF
ORDINANCE NO 3297
ORDINANCE NO 3297 is
an ordinance concerning
Environmentjt1 Reviews
and amending Title 23 of
the Pasco Municipal Code
as required by the State
Department of Ecology
Section 1
Amends PMC Chapter
23 01 by changing the
name of the Chapter
Section 2
Amends PMC Chapter
23 02 by adding definitions
and adopting by reference
15 sections of WAC
197-11 Also includes mi-
nor wording changes under
sections for Responsible
Official and Lead Agency
Determination The Addi-
tion Time Limits section
was deleted and the Addi-
ional Timing Consider-
ations section was slightly
modified
Section 3
Amends PMC Chapter
23 03 by clarifying the pur-
pose statement adopting 2
new WAC 197-11 sections
and clarifying the Use of
Exemptions section
'Section 4
Amends PMC Chapter
23 04 by eliminating the
adoption of subpart (5) of
WAC 197-11 455
,Section 5
Amends PMC Chapter I ,23 05 by modifying
'instructions on public no
Imes
Section 6
Repeals PMC Chapter
23 055 dealing with Admin-
istrative Appeals
Section 7
Amends PMC Chapter
23 06 by adopting one ad-
ditional WAC 197 11 sec-
tion
Section 8
Amends PMC Chapter
23 07 by changing the
name of the chapter and
adding a reference to a
resolution and ordinance in
the SEPA Policies section
The section on appeals
was substantially modified
by deleting old procedures
and replacing them with
new procedures )
Section 9
Amends PMC Chapter
23 08 by including the
adoption of 5 new WAC
197-11 sections and delet
ing the Additional Defini-
tions section
Section 10
Amends PMC Chapter
23 09 by eliminating sub-
part (1)(e) of WAC
197-11-800
Section 11
Amends PMC Chapter
23 10 by modifying the pur-
pose the purpose
statement and changing
the section on Environmen-
tally Sensitive Areas as
well as the section on
Fees The appeal fee was
changed from $50 00 to
$200 00
Section 12
Makes no changes to PMC
Chapter 23 11
Section 13
Adds a new PMC Chapter
23 12 adopting WAC
197 11 sections dealing
with required forms
Section 14
States that the ordinance
takes effect five days after
passage and publication
The full text of Ordinance
no 3297 is available free
of charge to any person
who requests it from the
City Clerk of the City of
Pasco (509) 545-3402
P 0 Box 293 Pasco
Washington 99301
0293 Catherine D Sea-
man Deputy City Clerk6y4
#0634 - 5/10/98 ,
STATE OF WASHINGTON
DAY OF \c-N(\is---•-:....)
,Z=FFODAY117 PUE3,150Hir'BOO
COUNTY OF BENTON
SS
, being duly sworn,
eposes nd ys, the Legal Clerk of the Tri-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 countinually as a daily newspa-
per in Benton County, Washington That the attached is a true
copy of a as it
was printati -mqhe -f6aLifarein- r6fitit6-rts.4'61 1`i'lietri-City Herald
itself and not in a supplement thereof, time(s),
commencing on 1 , and ending on
that said newspaper was regulary
`drstirii:a48% its subscribers during all of this period
X"\c\-__s&n_k_L,0
SUBSCRIBED AND SWORN BEFORE ME THIS
,