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Home My WebLink AboutO-2939 - Amends Sec. 22E.030.090, environmental standards (22E.030)CITY OF MARYSVILLE Marysville, Washington ORDINANCE NO.J <f~ q AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON RELATED TO TITLE 22 (THE UNIFORM DEVELOPMENT CODE) OF THE MARYSVILLE MUNICIPAL CODE (MMC) AND TO THE ADOPTION OF MAXIMUM STATE ENVIRONMENTAL POLICY ACT (SEPA) FLEXIBLE CATEGORICAL EXEMPTION THRESHOLDS AS PROVIDED IN WAC 197-11- 800; AMENDING MMC 22E.030.090 CATEGORICAL EXEMPTIONS, THRESHOLD DETERMINATIONS, AND ENFORCEMENT OF MITIGATING MEASURES WHEREAS, the City Council of the City of Marysville does find that from ti.me to ti.me it is necessary and appropriate to review and revise provisions of the City's Uniform D evelopment Code (Title 22 I\£\{C); and WHEREAS, following a comprehensive review of the above-referenced City codes by City staff, the Marysville Planning Commission held public workshop on September 24, 2013; and WHEREAS, after providing notice to the public as required by law, on October 22, 2013 the Marysville Planning Commission held a public hearing on proposed changes to the Uniform Development Code and received public input and comment on said proposed revisions; and WHEREAS, this action is exempt from environmental review pursuant to WAC 197-11- 800(19) and no SEPA Threshold Determination was issued; and WHEREAS, the proposed amendments were submitted to affected tribes, agencies with expertise, affected jurisdictions, the department of ecology, and the public on September 27, 2013 for comment pursuant to WAC 197-11-800(1)(c)(iii); and WHEREAS, no substantive comments were received from the state agencies or the Department of Ecology; and WHEREAS, the Council finds that project-level public comment opportunities are provided for proposals included in these increased exemption levels in Chapter 22E.030 MMC; and WHEREAS, the Council finds that the requirements for environmental analysis, protection and mitigation have been adequately addressed for the development exempted; and WHEREAS, at a workshop on November 4, 2013 and a public meeting on November 12, 2013 the Marysville City Council reviewed and considered the amendments to the Uniform Development Code proposed by the Maryville Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Amending Section 22E.030.090 Categorical exemptions, threshold determinations, and enforcement of mitigating measures to read as follows: The city of Marys.yille adqpts WAC 197-11-300 through 197-11-390, 197-11-800 through 197-11- 890, and 197-11-908 as now existirig or hereinafter amended, by reference, subject to the following: ORDINANCE -1 H.-MHP Ordinance (1) Establishment of Flexible Thresholds for Categorically Exempt J\ctions. The following exempt threshold levels are hereby established pursuant to WAC 197-11-800(1)(d): (a) The construction or location of any single-family residential structures of less than or equal to 30 dwelling units; (b) 1ne construction or location of any multi-family residential structures ofless than or equal to 60 dwelling units. (c) The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering less than or equal to 40,000 square feet, and to be used only by the property owner or his or her agent in the conduct of fanning the property. This exemption shall not apply to feed lots; (c) The construction of an office, school, commercial recreational, service or storage building with less than or equal to30,000 square feet of gross floor area, and with associated parking facilities and/ or independent parking facilities designed for le ss than or equal to 90 automobiles; (e) Any landfill or excavation ofless than or equal to 1,000 cubic yards throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II, or III forest practice under RCW 76.09.050 or regulations thereunder. (2) Categorical exemptions without flexible thresholds The following proposed actions that do not have flexible thresholds are categorically exempt from threshold detemlination and EIS requirements, subject to the rules and limitations on categorical exemptions contained in 197-11-305 WAC. (a) Actions listed in Chapter 197-11-800, Sections 2-24 WAC. (3) Environmentally Critical Areas. The Marysville shoreline environments map and the critical areas maps adopted pursuant to this Title 22E designate tl1e location of environmentally sensitive areas within the city and are adopted by reference. For each environmentally sensitive area, the exemptions within WAC 197-11-800 that are inapplicable for the area are (1), (2)(d), (2)(e), (6)(a) and (24)(a) through (g). Unidentified exemptions shall continue to apply within environmentally sensitive areas of the city. (a) Lands Covered by Water. Certain exemptions do not apply on lands covered by water, and this remains true regardless of whetl1er or not lands covered by water are mapped. (b) Treatment. The city shall treat proposals located wholly or partially within an environmentally critical area no differently tl1an other proposals under this chapter, making a threshold determination for all such proposals. The city shall not automatically require an ORDINANCE -2 R-Ml JP Ordinance EIS for a proposal merely because it is proposed for location in an environmentally critical area. (3) Responsibility for Determination of Categorical Exempt Status. The determination of whether a proposal is categorically exempt shall be made by the responsible official (4) Mitigation Measures. Modifications to a SEPA checklist or other environmental documentation that result in substantive mitigating measures shall follow one of the following processes: (a) The responsible official may notify the applicant of the requested modifications to the proposal and identify the concerns regarding unmitigated impacts. Tbe applicant may elect to revise or modify the environmental checklist, application, or supporting documentation. The modifications may include different mitigation measures than those requested by the responsible official; however, acceptance of the proposed measures is subject to subsequent review and approval by the responsible official. (b) The responsible official may make a mitigated determination of nonsignificance (IVIDNS), identifying mitiga ting measures. The 1IDNS may be appealed by the applicant pursuant to l\l/\1C 221:::.030.180. (c) The responsible official may identify mitigating measures in a letter and mail that letter to the applicant. In writing, the applicant may acknowledge acceptance of these measures as mitigating conditions. The acknowledgement shall be incorporated into the application packet as supporting environmental documentation or as an addendum to the environmental checklist Section2. Severabili ty. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase or this ordinance. Section 3. Effective Date. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council and APPROVED by the Mayor this ~ day of ~lo~ / , 2013. CITY OF MARYSVILLE By: ORDINANCE -3 R-i'dHP Ordin,l!1ce Attest: /) /) By vnx: o ~ 'j\ CITY C ERK Tu~lA Approved as to -f~: 0 By: D ~~L.(f../2Jl.2: f ~RANTK. WEED, CITY ATTORNEY Date of Publication: \\-\l_o -\~ Effective Date: \ \ • a\ -I 5 (5 days after publication) ORDINANCE - 4