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HomeMy WebLinkAboutO-1533 - Repeals and replaces Ch. 18.20, State Environmental Policy Act (Repealed by 2131)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO./Sa3 AN ORDINANCE OF THE CITY OF MARYSVILLE REPEALING CHAPTER 18.20 OF THE MARYSVILLE MUNICIPAL CODE (SEPA GUIDELINES),AND ALL SECTIONS THEREOF,AND ENACTING A NEW CHAPTER 18.20 WHICH ESTABLISHES PROCEDURES AND POLICIES FOR IMPLEMENTATION OF THE STATE ENVIRONMENTAL POLICY ACT,AND ADOPTS BY REFERENCE CERTAIN PROVISIONS IN CHAPTERS 173-806 AND 197-11 OF THE WASHINGTON ADMINISTRATIVE CODE. WHEREAS,the State Environmental Policy Act (SEPA),Chapter 43.21C RCW,sets forth an environmental policy for Washington State and requires that the environmental impacts of proposals be analyzed and,where appropriate,mitigated;and WHEREAS,SEPA applies to state agencies,counties and municipal and public corporations;and WHEREAS,SEPA has been amended to require the State Depart- ment of Ecology to issue new uniform statewide rules for carrying out SEPA;and WHEREAS,the City is required to adopt SEPA policies and procedures that are consistent with the SEPA rules adopted by the Department of Ecology in Chapter 197-11 WAC,and may adopt by reference any or all of the provisions of those rules and the model ordinance adopted by the Department of Ecology in Chapter 173-806 WAC;and WHEREAS,the City has provided public notice and opportunity for public comment as part of the process for adopting its SEPA procedures and formally designating its SEPA policies;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1.Repealer.Chapter 18.20 of the Marysville Municipal Code (SEPA Guidelines),and Sections 18.20.010, 18.20.020 and 18.20.030 of said Code,are hereby REPEALED,for the reason that the same are superceded by the following provi- sions of this ordinance. Section 2.New Chapter Enacted.The City Council hereby enacts a new Chapter 18.20 of the Marysville Municipal Code which shall provide as follows: Ordinance - 1 CHAPTER 18.20 PROCEDURES AND POLICIES FOR IMPLEMENTING THE STATE ENVIRONMENTAL POLICY ACT 18.20.010 Authority.The City of Marysville adopts this Chapter under the State Environmental Policy Act (SEPA),RCW 43.21C.120,and the SEPA Rules,WAC 197-11-904. This Chapter contains the City's SEPA procedures.The City's substantive policies for protecting the environment are found in other chapters of the Marysville Municipal Code,and are incorporated herein by and through section 18.20.070 below. The SEPA Rules,Chapter 197-11 WAC,and the Model SEPA Ordinance,Chapter 173-806 WAC,must be used in conjunction with this chapter.The authority to incorporate said codes,or sections thereof,by reference is found in RCW 43.21C.13.5. Three copies of any sections of State codes so incorporated are on file with the City Clerk for public use and examination. 18.20.020 General Reguirements.The City adopts the following sections of the Model SEPA ordinance,as now existing or hereafter amended,by reference and incorporates the same into this chapter as though set forth in full: (1)WAC 173-806-020 (2)WAC 173-806-030 (3)WAC 173-806-040;PROVIDED,that subsection (1)thereof shall be amended to read as follows: For those proposals for which the City is the lead agency,the Responsible Official shall be the City Compliance Officer,or such other person as the Mayor may designate in writing. (4)WAC 173-806-050 (5)WAC 173-806-053 (6)WAC 173-806-055 (7)WAC 173-806-058;PROVIDED,that subsection (1)thereof shall be amended to read as follows: For non-exempt proposals,the DNS or draft EIS for the proposal shall accompany the City's staff recommendation to any appropriate advisory body,such as the Planning Commission. Section 18.20.030 Categorical Exemptions and Threshold. Determinations.The City adopts the following sections of the Model SEPA Ordinance,as now existing or hereafter amended,by reference and incorporates the same into this chapter as though set forth in full: Ordinance - 2 (1)WAC 173-806-065 (2)WAC 173-806-070;PROVIDED,that subsection (1)thereof shall be amended to read as follows: The City establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(b)based on local conditions: (a)For residential dwelling units in WAC 197-11- 800(1)(b)(i):up to 20 dwelling units,provided that the project site is served by public water and sanitary sewer. (b)For office,school,commercial,recreational, service or storage buildings in WAC 197-11- 800(1)(b)(iii):up to 8,000 square feet and up to 40 parking spaces,provided that the project site is: (i)Zoned for business,commercial or industrial use;and (ii)Designated for business,commercial or in- dustrial use by the Comprehensive Plan;and (iii)Served by public water and sanitary sewer. (c)For parking lots in WAC 197-11-800(1)(b)(iv):up to 40 parking spaces. (d)For landfills and excavations in WAC 197-11- 800(1)(b)(v):up to 500 cubic yards. (3)WAC 173-806-080 (4)WAC 173-806-090;provided,that section 1 shall use option 1 stated therein. (5)WAC 173-806-100 Section 18.20.040 Environmental Impact Statement (EIS). The City adopts the following sections of the Model SEPA Ordi- nance,as now existing or hereafter amended,by reference and incorporates the same into this chapter as though set forth in full: (1)WAC 173-806-110 (2)WAC 173-806-120 (3)WAC 173-806-125 Section 18.20.050 Public Notice and Commenting.The City adopts the following sections of the Model SEPA Ordinance,as now existing or hereafter amended,by reference and incorporates the same into this chapter as though set forth in full: Ordinance - 3 (1)WAC 173-806-128 (2)WAC 173-806-130;provided,that subsection (l)(b) thereof shall be amended to read as follows: If no public notice is required for the permit or approval,the City shall give notice of the DNS or DS by: (i)Posting notice in City Hall and in the United States Post Office;and (ii)Submitting the notice to the SEPA register;and (iii)Using such other method of public notice as is deemed necessary and appropriate by the Respon- sible Official,if any. Provided further,that subsection (2)thereof shall be amended to read as follows: Whenever the City issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620,notice of the availa- bility of those documents shall be given by: (a)Indicating the availability of the DEIS and any public notice required for a non-exempt license;and (b)Posting the property for site-specific proposals;and (c)Posting notice in City Hall and in the United States Post Office;and (d)Submitting the notice to the SEPA register; and (e)using such other method of public notice as is deemed necessary and appropriate by the Rresponsible Official,if any. (3)WAC 173-806-140;provided,that said section shall be completed by designating the Responsible Official as the person referred to therein. Section 18.20.060 Using Existing Environmental Documents. The City adopts the following sections of the Model SEPA Ordi- nance,as now existing or hereafter amended,by reference and incorporates the same into this chapter as though set forth in full: Ordinance - 4 (1)WAC 173-806-150 Section 18.20.070 SEPA Decisions and Appeals.The City adopts the following sections of the Model SEPA Ordinance,as now existing or hereafter amended,by reference and incorporates the same into this chapter as though set forth in full: (1)WAC 173-806-155 (2)WAC 173-806-160;provided,that subsection (c)thereof shall be amended to read as follows: The City adopts by reference the policies in the following City Codes and Plans,as now existing or hereafter amended,as a possible basis for the exercise of substantive authority in the conditioning or denying of proposals: (a)Chapter 6.76:Noise Regulations (b)Title 7:Health and Sanitation (c)Chapter 9.04:Fire Code (d)Chapter 11.56:Fire Zones (e)Chapter 11.62:Truck Routes (f)Section 12.02.170:Curbs,Gutters and Sidewalks Required (g)Section 12.02.180:Minimum access requirements (h)Section 12.02.190:Dedication of Road Right-of- way--Required Setbacks (i)Chapter 12.06:Classification of Streets (j)Six-Year Transportation Improvement Program (k)Chapter 14.01:General Requirements for Utility Service (1)Chapter 14.15:On-Site Storm Water Drainage Code (m)Chapter 14.16:Public Storm Drainage System Code (n)Chapter 14.32:Rural Utility Service Area, including the RUSA Plan (0)Title 16:Building Codes,Sign Code,and Flood Plain Management (p)Chapter 18.08:Comprehensive Plan (q)Chapter 18.16:Shoreline Management Master Program,and Streamside Protection Zone (r)Chapter 18.24:Mitigation of Impacts Resulting from Development Proposals (s)Title 19:Zoning Code (t)Title 20:Subdivision Code Provided further,that subsection (5)thereof shall be amended to read as follows: Except for permits and variances issued pursuant to Chapter 18.16 of the City Code (Shoreline Management Permits),when any proposal or action not requiring a decision of the City Council is Ordinance - 5 .". conditioned or denied on the basis of SEPA by a non-elected official,the decision shall be appealable to the City Council.Such appeal shall be perfected by the proponent or any aggrieved party by giving notice in writing to the Respon- sible Official within ten (10)days of the date of the decision.Review by the City Council shall be on a de novo basis. (3)WAC 173-806-170;provided,that subsection (l)(a) thereof shall be amended to read as follows: Any appeal of an environmental determination made pursuant to this chapter shall be combined with an appeal of the final decision on the governmental action for which such environmental determination was made.Appeals shall be limited to review of a final threshold determination and the adequacy of a final EIS.Appeals of intermediate steps under this chapter shall not be allowed. (4)WAC 173-806-173 Section 18.20.080 Definitions.The City adopts the following sections of the Model SEPA Ordinance,as now existing or hereafter amended,by reference and incorporates the same into this chapter as though set forth in full: (1)WAC 173-806-175 Section 18.20.090 Categorical Exemptions.The City adopts the following sections of the Model SEPA Ordinance,as now existing or hereafter amended,by reference and incorporates the same into this chapter as though set forth in full: (1)WAC 173-806-180 Section 18.20.100 Rules to be Followed by the City;Fee Schedule.The City adopts the following sections of the Model SEPA Ordinance,as now existing or hereafter amended,by refer- ence and incorporates the same into this chapter as though set forth in full: (1)WAC 173-806-185 (2)WAC 173-806-190;provided,that subsection (1)thereof shall be amended to read as follows: All areas designated on the City's Shoreline Environ- ment Designation Map (see Section 18.16.020),and areas designated as being within the Streamside Protection Zone (see Section 18.16.275),are "environmentally sensitive areas"as referred to in WAC 173-806-190. Ordinance - 6 For each environmentally sensitive area,the exemptions within WAC 197-11-800 that are inapplicable for that area are:(l)(b);(2)(d)and (g);(24)(b),(d)and (f); (25)(h).Unidentified exemptions shall continue to apply within environmentally sensitive areas for the City. (2)WAC 173-806-200;provided,that subsection (1)thereof shall be amended to read as follows: Threshold Determination.For every environmental check list the City will review when it is lead agency,the City shall collect a fee of $50.00 from the proponent of the proposal prior to undertaking the threshold determination.When the City completes the environ- mental checklist at the applicant's request or under WAC 173-806-090(3)of this chapter,an additional $50.00 shall be collected. (3)WAC 173-806-220 Section 18.20.110 Forms.The City adopts the following sections of the Model SEPA Ordinance,as now existing or here- after amended,by reference and incorporates the same into this chapter as though set forth in full: (1)WAC 173-806-230 ~PASSED by the City Council and APPROVED by the Mayor this ~day of /14v ,1987. 7 MAYOR At B~~ Approved as to form: Ordinance - 7 AF'FIDAVrr OF rPUI8LiCATfcN STATE OF WASHINGTON, County of Snohomish, 58. No._ Council of the City of Marysville passed Ordinance No. 1533 T.;nOR lllp.hster NOTICE OF ~ITY OF MARYSVILLE ORDINANCE atarv;...-- dy newspaper. eh hag been ap- )homish County : of Washington r more than six hereinafter re- continually as a County.Wash- me was printed ~of publication !copy of a e it_____as 1 was sment form)of h ..;..~"'irst duly sworn MAY4th.day ()f __~~,19!L.the Ci tyOnthe enti tled:AN ORDINANCE OF THE CITY OP MARYSVILLE REPEALING CHAPTER 18.20 OF TilE :~YSVILLE MUNICIPAL CODE (SEPA GUIDELWES),AND ALL SECTIONS THEREOF,AND ENACTING A m::W CHAPTER 18.20 I-mICIl ESTABLISHES PROCEDURES AND POLICIES FOR I..u>LEMENTATION Or-THE STATE ENVIROW~£NTAL POLICY ACT.AND ADOPTS BY REFERENCE CERTAIN PROVISIONS IN CHAPTERS 173-806 AND 197-11 OF THE WASIliNGTON ADMINISTRATIVE CODE. Said ordinance consisted of the following sections: Section 1.Repealer.Chapter 18.20 of the Marysville Municipal COde (SEPA Guidelines),and Sections 18.20.010,18.20.020 and 18.20.030 of said Code,are hereby REPEALED,for the reason that the saine are superseded by the following provisions of this ordinance. Section 2.flew Chapter Enacted.The City Council hereby enacts a new Chapter 18.20 of the Marysville Municipal Code which shall provide as follows: Section ,18.20.010 Authority Section 16.20.020 General Requirements Section la.20.030 Catergorical Exemptions and Threshold Determinations Section la.20.040 Environmental Impact Statement (EIS) Section 18.20.050 Public Notice and Commenting Section 18.20.060 Using Existing Environmental Documents Section 18.20.070 SEPA Decisions and Appeals Scction 18.20.080 Definitions Section 18.20.090 Categorical Exemptions Section 18.20.100 Rules to be Followed by ~he City;Fee Schedule Section 18.20.110 Forms' The full text of said ordinance will bemailed.withoutcharge.to ly of -_~~.Y • ay 87_____, 19 • ,was regularly id period.That oregoing publi- nount has been - any person ~ho requests the same from the City Clerk. Published:Mav 13, 1987 .. ---__·dLI...~_day of __7/.l~.,.19/2_. ........~...£P~~ Notary ~lic in ~nd t~~t~~'~~~t~·~f·~~Sh;~·~~······... Residing at MarysvlIle,on, No._ STATE OF WASHINGTON. County of Snohomish, S8. _..__.._Linda ..VebsJ~..~_L ....r ..•being first duly sworn on oath deposes and says that sheis the;..secratarv ___ of THE MARYSVILLE GLOBE.a weekly newspaper. That said newspaper is a legal newspaper which has been ap- proved by order of the Superior Court in Snohomish County June 18. 1962 in compliance with Chapter 213 of Washington Laws of 1941. and it is now and has been for more than six months prior to the date of the publication hereinafter re- ferred to.published in the English language continually as a weekly newspaper in Marysville.Snohomish County,Waah- ington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copy of a tjQUs:_e_..~Lggy;._oX_~~!¥~.Y.?}_~~_~~~~~_a_~:.:.as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of _9Re con- secutive weeks.commencing on the __].).tJL day of __~~.Y • 19_§]_.and ending on the .._~~~~__day of ..~X .19_~?_. both dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- ~.. _.._~_.._~------------ cation is the:sum of $_9§_·~Q ,which amount has been paid in full ., Subscribed and sworn to before me this ________d1~'day of ::12~----------.191!-_. ··············~·········~·~I/y~,················ Notary ~lic In and tor the State ot Washington. Resldlng at Marysvllle.