HomeMy WebLinkAbout2778 Increasing the SEPA Categorical Exemption to Nine Dwelling UnitsOrdinance No. 2778
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND AMENDING CERTAIN SECTIONS OF CHAPTER 19.04
OF THE PORT TOWNSEND MUNICIPAL CODE, ENVIRONMENTAL
PROTECTION TO INCREASE THE SEPA CATEGORICAL
EXEMPTION TO NINE DWELLING UNITS, AMENDING CHAPTER
18.12 PTMC ON SHORT SUBDIVISIONS, AND AMENDING CHAPTER
20.01 PUBLIC NOTICE PROVISIONS FOR 5-9 DWELLING UNIT
MULTI-FAMILY DESIGN REVIEW
WHEREAS, Port Townsend Municipal Code (PTMC) Chapter 19.04 sets forth the
City's State Environmental Policy Act (SEPA) procedures and policies; and
WHEREAS, Washington Administrative Code (WAC) 197-11-800(6), adopted by
reference in PTMC 19.04.040, categorically exempts the approval of short plats or short
subdivisions, except upon lands covered by water; and
WHEREAS, PTMC 18.12 Short Subdivision permits the division of land into nine or
fewer lots through a short subdivision, and provides a comprehensive set of development
regulations and approval criteria for short subdivisions; and
WHEREAS, WAC 197-11-800(1)(c) permits cities, towns, or counties to establish
flexible thresholds for categorical exemptions, including, allowing the exemption for dwelling
units to be raised to a maximum of 20; and
WHEREAS, the Port Townsend Comprehensive Plan, Affordable Housing Strategy item
#8 encourages revisions to permit processing requirements to reduce timelines for permit review
without compromising environmental quality or adequate public review; and
WHEREAS, the City's SEPA Responsible Official issued a Determination of non-
significance (DNS) on June 27, 2001, in accordance with Chapter 43.21C RCW, the state
Environmental Policy Act (SEPA) and in accordance with PTMC Chapter 19.04; and
WHEREAS, the Planning Commission, after timely notice, held a public hearing to
accept public testimony on this matter on August 30, 2001, and recommended to the City
Council on this matter that the proposed ordinance be adopted subject to providing additional
public notice for multi-family design review projects of 5 - 9 dwelling units; and
WHEREAS, the City Council determines that the City's land use plans and regulations,
including PTMC Chapter 18.12 Short Subdivisions, Chapter 20.01 PTMC, and Engineering
Design Standards, provide adequate and sufficient regulations to regulate short subdivisions and
mitigate adverse environmental impacts of a proposed short subdivision;
1 Ordinance 2778
NOW, THEREFORE, based upon the foregoing FINDINGS, and based upon the
record before the Port Townsend Planning Commission and City Council, the City Council
hereby ordains as follows:
SECTION 1. That portion of PTMC 19.04.080 which reads as follows is hereby
amended as follows (strike is deleted, underlined is added):
Article III. Categorical Exemptions and Threshold Determination
19.04.080 AdOption by reference and Categorical Exemption for dwelling units.
A_~. This article contains rules for deciding whether a proposal is exempt under SEPA or has a
"probable significant, adverse environmental impact" requiring an environmental impact
statement (EIS) to be prepared. This article also contains rules for evaluating the impacts of
proposals not requiring an EIS. The city adopts the following sections by reference as
supplemented in this article:
WAC
197-11-210
197-11-220
197-11-228
197-11-230
197-11-232
197-11-235
197-11-300
197-11-305
197-11-310
197-11-315
197-11-330
197-11-335
197-11-340
197-11-350
197-11-360
197-11-390
197-11-800
197-11-880
197-11-890
SEPA/GMA integration.
SEPA/GMA definitions.
Overall SEPA/GMA integration procedures.
Timing of an integrated SEPA/GMA process.
SEPA/GMA integration procedures for preliminary planning, environmental
analysis, and expanded scoping.
Documents.
Purpose of this part.
Categorical exemptions.
Threshold determination required.
Environmental checklist.
Threshold determination process.
Additional information.
Determination of nonsignificance (DNS).
Mitigated DNS.
Determination of significance (DS)/initiation of scoping.
Effect of threshold determination.
Categorical exemptions.
Emergencies.
Petitioning DOE to change exemptions.
B. Minor new construction - flexible threshold - dwelling units. Pursuant to WAC 197-11-
800(1)(c), the construction or location of any residential structures of 9 dwelling units shall be
categorically exempt from SEPA, except when undertaken wholly or partly on lands covered by
water. The categorical exemptions for all other types of minor construction shall be those
established by WAC 197-11-800.
SECTION 2. That portion of Section 18.12.060 (A)(3) relating to short subdivision
approval criteria, which reads as follows, is hereby deleted in its entirety.
2 Ordinance 2778
SECTION 3. That portion of Section 20.01.040 relating to the notice procedures for
multi-family design review of 5 - 9 dwelling units is hereby amended as follows:
20.01.040 Project permit application framework.
Table 1 - Permits/Decisions
Type I1 Type I-A Type II Type III Type IV Type V
Permitted uses not Binding site Short subdivisions Preliminary full Final plats Site-specific
requiring notice of plans subdivisions; plat rezones 2
application (e.g., vacations and alterations consistent with
building permits, Lot line adjustments resulting Recognition/subdivision the Port
etc.) in lot reorientation of 10 or more lots of Townsend
record comprehensive
plan, including
rezones
Plat & short plat extensions considered in
conjunction
with the
annual
comprehensive
plan
amendment
process ]
Lot line C-II and Revisions to shoreline Shoreline management Final Development
adjustments mixed use management permits permits planned unit regulations
zoning district developments
design review (PUDs)
decisions
Minor Historic PUDs and major
amendments to preservation amendments to PUDs
planned unit certificates of
developments approval
(PUDs) (design
Minor review) Environmentally sensitive Major Variances Zoning text
modifications to area (ESA) permits amendments
approved and zoning
preliminary short map
and full amendments
subdivisions/plats Major CUP's
Sign permits Multiple Minor Variances Annexations
family
development
Temporary uses permits-~ Minor conditional use
permits (CUPs) All personal wireless
service facility permits
Street use permits Recognition/ and major variances Shoreline
certification of All personal wireless facility described as Type III master
Land 9 or fewer lots permits and minor variances permit applications in program
clearing/grading of record described as Type II permit Chapter 17.78 PTMC (SMP)
3 Ordinance2778
Home occupations of record described as Type II permit Chapter 17.78 PTMC (SMP)
applications in Chapter 17.78 amendments
Shoreline PTMC. Other land use
exemptions and utility
plans and
Street development amendments
Permits
1. Assignment of a project to Type I and I-A status shall not limit or restrict the public notice and procedures available pursuant to
RCW 43.21C (SEPA) and Chapter 19.04 PTMC if a project is deemed to be subject to SEPA review.
2. Site specific rezones consistent with the Port Townsend Comprehensive Plan are processed as a Type V application with a notice of
application and provided only one open record hearing before the planning commission and one closed record hearing before the city
council. Certain legislative decisions, including site specific rezones, are subject to rules governing quasi-judicial proceedings.
3. Applications for multi-family design review for projects of 5 - 9 dwelling units shall be with provided notice of application through
posting of the site and notice to adjoining property owners within 300 feet.
Table 2 - Action Type
Procedure Project Permit Applications (Type I - IV) Legislative
Type I Type I-A Type II Type III Type IV Type V
Notice of Application: No No~4 Yes Yes No N/A
Recommendation made N/A N/A N/A N/A ?lanning
by: BCD Director :ommission,
.~xcept for utility
~lans-~
Final decision made Admin. BCD director BCD Hearing examiner City council City council
by: director
Open record public No Only if director's ~)nly if Yes, before hearing No Yes, before
hearing: decision is appealed (by Jirector's ;xaminer ~lanning
applicant only) ]ecision :ommission to
s hake
~ppealed ;ecommendation to
:ity council,
· .xcept for utility
~lans, and before
:ity council for
:ode & comp plan
:evisions?
Administrative appeal: No Yes, open record before Yes, Yes, closed record before N/A N/A
the hearing examiner open city council
record
before
the
hearing
examiner
4 Ordinance 2778
Judicial appeal:
Yes
Yes Yes Yes
Yes
Yes, provided that
all administrative
appeal remedies
have been
:xhausted,
including appeals
!o the Shoreline
Hearings Board,
Srowth
Management
Hearings Board,
etc.
Footnote 1: Type V Land Use plans are subject to review and recommendation by the planning commission.
However, the following utility plans may be reviewed or considered by the planning commission only upon referral
by the city council to the planning commission of all or part of the plans: wastewater (sewer) plans; stormwater
plans; water system plans; and solid waste plans. The city council shall conduct review and hold one or more open
record public hearing(s) on all such plans. At the time of consideration by the full city council, the public works
committee may make a recommendation to the city council regarding utility plans.
Footnote 2: The planning commission shall not hold public hearings regarding the utility plans described herein~
unless the city council refers all or part of the plans to the planning commission. The city council shall hold one or
more open record public hearing(s) on all such plans.
Footnote 3: Site specific rezones consistent with the Port Townsend Comprehensive Plan are processed as a Type V
application with a notice of application and provided only one open record hearing before the planning commission
and one closed record hearing before the city council. Certain legislative decisions, including site specific rezones,
are subject to rules governing quasi-judicial proceedings.
Footnote 4: Applications for multi-family design review for 5 - 9 dwelling units shall be provided with notice of
application through posting of the site and notice to adjoining property owners within 300 feet.
SECTION 4. That portion of Sections 20.01.150 - .160 relating to the notice of
application procedures for multi-family design review of 5 - 9 dwelling units is hereby amended
as follows:
20.01.150 Notice of application.
A. Time of Issuance. Within 14 calendar days of issuing the determination of completeness,
BCD shall issue a notice of application on all Type II and Type III project permit applications. If
an open record predecision public hearing is required or requested, the notice of application shall
be issued at least 30 calendar days prior to the hearing.
B. Multi-Family Design Review. Applications for multi-family design review for 5 - 9
dwelling units shall be provided with notice of application through posting of the site and notice
to adjoining property owners within 300 feet.
C_B. SEPA Exempt Projects. With the exception of subsection (B) above, aA notice of
application shall not be required for project permits that are categorically exempt under SEPA,
unless a public comment period or an open record Predecision hearing is required. A notice of
application shall be required for Type II projects, regardless of whether such projects are exempt
from SEPA review.
5 Ordinance 2778
D_G. The notice of application shall be posted on the subject property and published once in a
newspaper of general circulation. The notice of application shall be issued prior to and is not a
substitute for the required notice of a public hearing.
E_IX Contents. The notice of application shall include: 1. The name of the applicant;
2. The date of application, the date of the determination of completeness for the application
and the date of the notice of application;
3. The street address location of the project or, if unavailable, the location in reference to
roadway intersections;
4. A description of the proposed project action and a list of the project permits included in
the application and, if applicable, a list of any studies requested under PTMC 20.01.110;
5. The identification of other permits required by other agencies with jurisdiction not
included in the application, to the extent known by the city;
6. The identification of existing environmental documents that evaluate the proposed
project, and, if not otherwise stated on the document providing notice of application, the location
where the application and any studies can be reviewed;
7. The name of the city staff contact and telephone number;
8. A statement of the limits of the public comment period, which shall be 20 calendar days
following the date of notice of applicatiOn (or 30 calendar days if the application involves a
shoreline master program permit), and statements of the right of any person to comment on the
application, receive notice of and participate in any hearings, request copy of the decision once
made, and any appeal rights;
9. The date, time, place and type of hearing, if applicable, and scheduled prior of issuance of
the notice of application;
10. A statement of the preliminary determination of consistency with applicable
development regulations and the Port Townsend comprehensive plan, if one has been made at
the time of notice, and of those development regulations that will be used for project mitigation
and determination of consistency as provided in RCW 36.70B.040 and PTMC 20.01.140;
11. Any other information determined appropriate by the city, such as the city's pending
SEPA threshold determination or a statement advising that a final environmental determination
shall be made following a comment period;
12. If a local government has made a determination of significance under Chapter 43.21C
RCW concurrently with the notice of application, the notice of application shall be combined with
the determination of significance and scoping notice. Nothing in this section prevents a
determination of significance and scoping notice from being issued prior to the notice of
application;
13. A statement that the final decision on the application will be made within 120 days from
the date of the determination of completeness; and
FR. Public Comment on the Notice of Application. All public comments on the notice of
application must be received in the BCD department by 4:00 p.m. on the last day of the comment
period. Comments may be mailed, personally delivered or sent by facsimile. Comments should
be as specific as possible. Public comments may be provided at any time up to and during the
public hearing. However, the city cannot ensure that comments provided after the comment
period on the notice of application will be considered and addressed in Type II project review or
in staff reports on Type III projects. The SEPA threshold determination shall not be issued until
after the expiration of the comment period following the notice of application. Regardless of the
6 Ordinance 2778
expiration of the notice of application comment period, any interested party may comment upon
the SEPA threshold determination pursuant to Chapter 19.04 PTMC.
20.01.160 Methods of public notice of application.
A. The city shall provide the public notice of application for a project permit by posting the
property and by publication in the city's official newspaper, as provided in this section, unless
otherwise provided in this chapter.
1. Posting. Posting of the property for site-specific proposals shall consist of one or more
notice boards posted by the applicant or the applicant's representative as follows:
a. A single notice board shall be placed by the applicant:
i. At the midpoint of the site street frontage or as otherwise directed by the city for
maximum visibility; and
ii. Where it is completely visible to pedestrians and vehicle traffic.
b. Additional notice boards may be required when:
i. The site does not abut a public road;
ii. A large site abuts more than one public road; or
iii. The director determines that additional notice boards are necessary to provide
adequate public notice.
c. Notice boards shall be:
i. Maintained in good condition by the applicant during the notice period;
ii. In place at least 30 calendar days prior to the date of hearing or decision; and
iii. Removed by the applicant within 15 calendar days after the end of the notice
period.
d. An affidavit of posting shall be submitted to the director by the applicant prior to the
hearing or final comment date. If the affidavit is not filed as required, any scheduled hearing or
date by which the public may comment on the application will be postponed in order to allow
compliance with this notice requirement.
e. Notice boards shall be constructed and installed in accordance with specifications
promulgated by BCD.
2. Published Notice. Published notice shall include at least the project's street address or
location, project description, type of permit(s) required, comment period dates, and location
where the complete application may be reviewed in the city's official newspaper of general
circulation.
3. BCD shall maintain for public review a list of pending projects (public inspection files),
including project status. However, the failure by BCD to maintain and update he project status
list shall not be grounds for invalidation of any permit decision.
SECTION 5. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of the
provision to other persons or circumstances is not affected.
This ordinance shall take effect and be in force five days after the date of its publication
in the manner provided by law.
7 Ordinance 2778
Adopted by the City Council of the City of Port Townsend, Washington, at a special
meeting thereof, held this 18~ day of October, 2001.
Geoff Masci, Mayor
Attest:
Approved as to Form:
Pamela Kolacy,
John P. Watts, City Attorney
8 Ordinance 2778