HomeMy WebLinkAboutSEPA DNS rev032018
CITY OF PORT TOWNSEND
RESPONSIBLE OFFICIAL'S AMENDMENTS TO THE ENVIRONMENTAL CHECKLIST
AND THRESHOLD DETERMINATION
________________________________________________________________________
ProposalCritical Areas Ordinance Update(Chapter 19.05 PortTownsend Municipal
:
Code) and Limited Amendments to Shoreline Master Program
–The intent of this update is
to revise the CAO as necessary to incorporate Best Available Scienceand address issues
foundduring implementation of the ordinance.The CAO regulates activities proposed within the
following areas: wetlands, fish and wildlife habitat conservation areas, geologically hazardous
areas, critical aquifer recharge areas, and frequently flooded areas as required by statute; and
critical drainage corridors as identified by the City. The City proposes corollary limited
amendments to the Shoreline Master Program Limited Amendments to update CAO reference.
The proposal is a non-project action.Adoption of the Critical Areas Ordinance will complete the
final phase of the state mandate periodic updateunder the Growth Management Act (GMA).
File Reference:
LUP16-068
Proponent:City of Port Townsend
City Hall
250 Madison Street,
Port Townsend, Washington 98368
Location:
PortTownsend’s incorporated City limits, Jefferson County: Section 3, Township
30N, Range 1W.
Lead Agency:
City of Port Townsend
Threshold Determination
:This is a Determination of Non-Significance -The lead agency for
this proposal has determined that it does not have a probable significant adverse impact on the
environment. An environmental impact statement (EIS) is not required under RCW
43.21C.030(2)(c). This decision was made after review of a completed environmental checklist
and other information on file with the lead agency. This information is available to the public on
request. This DNS is issued under 197-11-340(2); the lead agency will not act on this proposal
for 15 days fromissuance.
Comment/Appeal Period for the DNS Expires4:00 PM, April 12, 2018.
:Ifyou wish to address
the adequacy of the SEPA review, please submit comments to Judy Surber, Planning Manager at the
address below.
Contact person:
Judy Surber, Planning Manager, (360) 379-5084 jsurber@cityofpt.us.
Address:
City Hall, Suite 3
250 Madison Street
Port Townsend, WA 98368
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Responsible Official:
Lance Bailey,AICP
Director of Development Services Department
Date:March 28, 2018Signature: _________________________________
TO: All Permit and Review Authorities
RESPONSIBLE OFFICIAL'S AMENDMENTS TO THE ENVIRONMENTAL CHECKLIST
ENVIRONMENTAL RECORD
The environmental review consisted of analysis based on the following documents included in
the environmental record.
Exhibit A:Environmental Checklist
Exhibit B: Amendments to Chapter 19.05 PTMC in legislative format
Exhibit C: Summary of Proposed Changes
Exhibit D: Best Available Science Addendum, Herrera, May 23,2017
Exhibit E:CommerceChecklistResponse toPeriodic Update –Development
Regulations
Exhibit F: Stormwater Management Plan Technical Memorandum,
Parametrix, December 7, 2017
Documents on file with the City of Port Townsend:
City of Port Townsend Environmentally Sensitive Areas Maps
2016 Growth Management Act Periodic Update-SEPA Determination of NonSignificance, (LUP
16-037)issued on May 25, 2016
The Draft Port Townsend Comprehensive Plan and Draft Environmental Impact Statement
(an integrated SEPA/GMA (Growth Management Act) document) issued on January 10,
1996 (referred to herein as the Comprehensive Plan DEIS).
2005 Best Available Science Review prepared by GeoEngineers: 2005
The above documents are hereby incorporated by referencepursuant to WAC 197-11-754.
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Unless otherwise noted, theabove information is available for review at the Development
Services Department, City Hall, 250 Madison Street, Suite 3, between the hours of 9 am to 4 pm
Monday through Friday.
I. PROPOSAL DESCRIPTION
Critical Areas Ordinance Update (Chapter 19.05 Port Townsend Municipal Code) and
Limited Amendments to Shoreline Master Program
–The State Growth Management Act
(GMA) requires counties and cities to review and evaluate comprehensive plans and
development regulations, and update them if necessary, according to the schedule established by
RCW 36.70A.130. In October 2016, the City of Port Townsend adopted an updated
comprehensive plan, which provides a framework of goals and policies, and limited amendments
to Title 17 Zoning and Title 18 Land Division Ordinance. The intent of this update is to revise
the CAO as necessary to incorporate Best Available Science and address issues foundduring
implementation of the ordinance. Critical Areas include: wetlands, fish and wildlife habitat
conservation areas, geologically hazardous areas, critical aquifer recharge areas, and frequently
flooded areas as required by statute; and critical drainage corridors as identified by the City.
The City is not required to regulate Critical Drainage Corridors(CDCs) under theState Growth
Management Actand mayopt to move CDC regulations to PTMC Chapter 13.32 Stormwater
Management Requirements. Critical Drainage Areas frequently overlap with designated critical
areas (e.g. wetlands, frequently flooded areas, fish and wildlife habitat conservation areas).
Where CDCs overlap with critical areas,the requirements that provide greater protection to
critical areas shall apply.
The City proposes corollary limited amendments to the Shoreline Master Program Limited
Amendments to update CAO reference. The proposal is a non-project action.Proposed
amendments are summarized in Exhibit C.Strike-out and underline amendments are shown in
ExhibitB.
II. PERMITS/APPROVALS REQUIRED
Proposed amendments are legislative, Type V decisions under Chapter 20.01.060 PTMC. In
short, the amendments require approval by the Port Townsend City Council after review and
recommendation by the Planning Commission. The public process includes notice and at least
one open record public hearing before the Planning Commission. City Council also provides
notice and either a closed-record or open-record hearing before making the final decision.Upon
adoption by City Council, amendments will be forwarded to Ecology for review and adoption. The
updated CAOwill not become effective within shorelines jurisdiction until Ecology adopts the
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update.
III. PUBLIC COMMENT
Notice of this SEPA threshold determination will be issuedonwith 15-daycomment period. The
Responsible Official will consider any commentsreceived before issuing a final SEPA decision.
IV. RESPONSIBLE OFFICIAL’S AMENDMENTS TO CHECKLIST ITEMS
The environmental checklist is incorporated by reference. The Environmental Checklist (Exhibit
A) adequately addresses the environmental impacts of the CAO Update and limited amendments
to the SMP.The intent of the action is to update critical areas regulations consistent with BAS to
avoid adverse impacts and avoid a net loss of ecological functions or processes. No probable
significant adverse impact on the environment has been identified.
V. CUMULATIVE IMPACTS ANALYSIS
While some impacts are immediate and can be directly addressed through avoidance and
mitigation, other impacts are cumulative in nature. Individually, the action may not result in a
significant impact, but the composite of many similar actions over time may lead to a significant
cumulative impact.
The SEPA Responsible Official has determined that the proposal would not significantly increase the
likelihood of cumulative environmental impacts. This determination was made based upon evaluation
of:
a. Current Circumstances. The degree that the subject properties and/or proposed actions that are
affectedby the proposed amendments are environmentally interrelated;
b. Reasonably Foreseeable Future Development
c. Regulatory Context. The mitigating effects of established regulatory programs under other local,
state, and federal laws that would address through application of specific requirements the potential
for cumulative impacts.
Current Circumstances
Updates to the CAO ordinance and corollary limited amendments to the SMP constitute Phase II
of IIof the City’s GMA Periodic Update. On May
2016, the City issued a SEPA Determination of
Following is a description of
NonSignificance (LUP 16-037)addressing Phase I of the Update.
Phase I:
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2016 Growth Management Act Periodic Update
–updates to the City of Port Townsend
Comprehensive Plan and development regulations. Phase I included fifty-three legislative, non-
project actions.
Mandatory updates include but are not limited to: Amendments to reflect a consistent population
projection throughout the plan; updated inventories, forecasts and anticipated needs; updated
funding capabilities and finance plan; provisions for temporaryencampments for the homeless;
level of service updates; permitting electric vehicle battery charging stations; timelines for
approval and disapproval of preliminary plats.
Optional amendments include but are not limited to: housekeeping items; updates to begin
incorporating community resiliency concepts throughout the Comprehensive Plan; amendments to
promote and encourage affordable housing and a wider range of housing types; amendments to
parking policies as a means to support affordable housing/non-motorized transportation/transit;
amendments promoting local food production as an economic strategy; a revised definition for
conference center; and amendments fostering economic development in the Howard Street
Corridor.
Also slated for adoption in 2018: Port Townsend is developing a comprehensive
stormwater management plan to improve the operation of the city’s existing system
and anticipate future needs. Part of the stormwater management plan development
includes review and evaluation of the City’s current stormwater standards and
manuals. The City’s consultant, Parametrix, has prepared a technical memorandum
comparingthe City’s current adopted stormwater guidance manual against
subsequent revisions implemented by the Washington State Department of Ecology
(Attached as Exhibit F and incorporated herein by this reference).The technical
memorandum concludes: “With the exception of the new wetland protection
standard, the key recent SWMMWW revisions published by Ecology are not well-
applied to Port Townsend development types, landscape, receiving water bodies,
and precipitation regimes. The City is not now precluded from using the LID
techniques described in the 2012 Manual and it could be expected that they would
be used when applicable and feasible because they are often a preferred choice for
circumstances where they would function in the landscape (e.g. good soils that
infiltrate at high rates). Therefore, it is recommended that the City consider adoption
of the updated wetland protection standard through the Municipal Code and
continue use of the 2005 SWMMWW.”
Given the nature of the proposed actions, the SEPA Responsible Official has determined that the
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proposalswould not significantly increase the likelihood of cumulative environmental impacts.
Proposed amendments are legislative, non-project actions.The proposed legislative amendments
are designed to bring the City into compliance with state statutes and provide greater clarity on
adopted goals and policies.None of the amendments would allow or encourage land or shoreline
uses incompatible with existing plans.
Reasonably Foreseeable Future Development
Anyfuturedevelopment will be subject to applicable City codes, the City Engineering Design
Standards and any applicable State and Federal regulations. Future project level actions may be
subject to review under the City’s Critical Areas/Shoreline regulations and project actions that
are not categorically exempt under Chapter 197-11-800 WAC will be subject to review under the
City's SEPA Implementing Ordinance (Chapter 19.04 PTMC).
Regulatory Context
Proposed amendments are not parcel specific and are legislative in nature.Pursuant to PTMC
Section 20.04.080 (3) For
all amendments, the planning commission shall develop findings and
conclusions and a recommendation based on the following decision criteria:
a.Whether the amendment will adversely affect the public health, safety and welfare in any
significant way; and
b.Whether the proposed amendment is consistent with the GMA and adopted county-wide
planning policies; and
c.Whether the proposed amendment reflects current widely held community values or resolves
inconsistencies in the city’s comprehensive plan; and
d.Whether the proposed amendment would maintain the appropriate balanceof land uses
within the city; and
e.Whether the proposal implements the comprehensive plan; or alternatively
f.Since the adoption of the comprehensive plan, there has been a substantial change in
circumstances related to the proposed amendment and/or the area in which it is located which
warrants the proposal.
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Future project level actions would be subject to regulations in place at the time of application.
All future specific development proposals will be reviewed for consistencywith the provisions of
the Comprehensive Plan and development regulations,including the City’s Municipal Code, and
the Engineering Design Standards. Projects within shorelines jurisdiction will be reviewed for
consistency with the City’s Shoreline Master Program. Projects within critical areas or their
buffers will be reviewed for consistency with the Critical Areas Ordinancecodified in Chapter
19.05 PTMC.
Project actions that are not categorically exempt under Chapter 197-11-800 WAC will be subject
to review under the City'sSEPA Implementing Ordinance (Chapter 19.04 PTMC). After
reviewing applications for such project actions, the City of Port Townsend may determine that
mitigation measures are necessary to avoid probable significant adverse environmental impacts.
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