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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 23-02-050- - • A : . : C 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 -2- 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 -3- 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 - - - Z 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 -4- (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 -5- 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 -6- 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, -7- (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) -8- 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 -9- (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 -1 0 - 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 . • - : II n .., . - 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) -12- 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 -13- 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, -14- (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 -15- (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 -17- (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 -18- 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 -20- 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) -21- 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 05 I ACCOUNT NO DESCRIPTION E. 7:11 I.. \I OF F-r),-,.:C 0 c3t1r1M(11 -0i TIMES LINES tft,21 Notary public in and for the State of Wash- ington, residing at COMMISSION EXPIRES r IIHI ANL' C t:1.11./(vi r-f)v-o, Of LECAL F' .0. BOX ITCY'AE, r AS( IAJr ") .4 - 01 11 r..1 0 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 ,