HomeMy WebLinkAbout2193 Adding Environmental Policies to the Substantive Authority of the City Pusuant to SEPAORDINANCE NO.
AN ORDINANCE relating to environmental
protection, adding environmental policies to
the substantive authority of the city pursuant
to the State Environmental Policy Act,
amending section 19.04.240 of the Port
Townsend Municipal Code, and establishing the
effective date thereof.
WHEREAS
WHEREAS,
WHEREAS,
WHEREAS,
the State Environmental Policy Act (SEPA) and the City
of Port Townsend Environmental Protection Ordinance
provide that it is the continuing responsibility of the
City of Port Townsend to improve and coordinate plans,
functions, programs and resources to the end that its
citizens may fulfill the responsibilities of each
generation as trustee of the environment for succeeding
generations, assure for all people of the City full,
productive, and aesthetically and culturally pleasing
surroundings, obtain the widest range of beneficial
uses of the environment without degradation, and
preserve important historic, cultural and natural
aspects of our national heritage; and
the maritime history of the community has defined much
of the character of the commercial shoreline areas of
the city which could be adversely affected by
unplanned, incompatible future development; and
much of the commercial shoreline areas of the city are
located within the Port Townsend National Historic
District, which district is identified as an
environmentally sensitive area in Title 19,
Environmental Protection, of the Port Townsend
Municipal Code, and unplanned development could cause
serious environmental damage to the district; and
large-scale development in this area could cause
significant adverse impacts on the environment such as
follows: impacts on the character of the National
Historic District; diminished public access to the
shoreline by private residential development;
incongruous, height, bulk and scale of development
which could change the unique and sensitive character
of the area; obstruction of significant views of the
water and other natural features; adverse parking and
traffic impacts in the central business district; and
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WHEREAS,
WHEREAS,
permit applications and recent economic developments
have created an emergency which requires that policies
be implemented immediately to protect this sensitive
area from environmental degradation pending full review
of the City's SEPA policies for the protection of this
area; and
the City Council intends to undertake an immediate
review of the Port Townsend SEPA policies and
procedures to consider appropriate revisions in the
interest of the public health, safety and general
welfare and to carry out the policies of the State
Environmental Policy Act and the City's SEPA ordinance
to protect the environment; Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DO ORDAIN AS
FOLLOWS:
Section 1. 19.04.240 of the Port Townsend Municipal Code is
hereby amended to read as follows:
19.04.240 Substantive authority. A. The policies and
goals set forth in this chapter are supplementary to those in the
existing authorization of the city.
B. The city may attach conditions to a permit or approval
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 chapter; 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 of more policies
in subsection D of this section and identified in writing in the
license, permit or other decision document.
C. 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 SEIS prepared pursuant to this
chapter; and
2. A finding is made the there are no reasonable
mitigation measures 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 subsection D of this section and identified in
writing in the decision document.
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D. The city designates and adopts by reference the
following policies as the basis for the city's exercise of
authority pursuant to this section:
1. The city shall use all 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:
a. Fulfill the responsibilities of each
generation as trustee of the environment for succeeding
generations;
b. Assure for all people of Washington safe,
healthful, productive, and aesthetically and culturally pleasing
surroundings;
c. Attain the widest range of beneficial uses of
the environment without degradation, risk to health or safety, or
other undesirable and unintended consequences;
d. Preserve important historic, cultural, and
natural aspects of our national heritage;
e. Maintain, wherever possible, an environment
which supports diversity and variety of individual choice;
f. Achieve a balance between population and
resource use which will permit high standards of living and a
wide sharing of life's amenities; and
g. Enhance the quality of renewable resources and
approach the maximum attainable recycling of depletable
resources.
2. 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.
3. The city adopts by reference the policies in the
following city plans, resolutions, ordinances, standards, and
codes:
a. City comprehensive plan and any amendments
adopted pursuant thereto;
b. City subdivision ordinance;
c. Jefferson County - Port Townsend Shoreline
Management Master Program;
d. City floodplain management ordinance;
e. City building code ordinance
f. City road, traffic and circulation standards;
g. City zoning ordinance;
h, Workbook fQr the Port Townsend Urban
Waterfront (1980):
i, Field Report bv the National Trust for
Historic Preservation on the Water Street
'~ ' :? C ' ' ;-' ~
· ,
j., The Secretary of the Interior s Standard s
for Rehabilitation and Guidelines for
Rehabilitatina Historic Buildinas:
k. Port Townsend StreetscaDe Design Workbook
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(1987, adopted ~v Ordinance 2143. 1989~;
((h)) ~. All other city resolutions, ordinances,
plans, and guidelines effective now or after
the date of the ordinance codified in this
chapter.
4..The City shai1...exercise its authority in ~be
qe0araphicarea describe.d below pursuant to the following
Dolicies which are in addition to the pol~.¢ies set forth above.
a. The qe~araphic area subgect~to these policies
is defined as:
Ail lands within~.the 9urisdiction of the Shoreline
ManaGement.A~ (.R~W....90.58) frQm the northwesterly
boundary of the.Poi, nt Hudson property owned by the port
of Port Townsend extending alona the shorelines of
Admiralty Inlet and Port .Townsend Bay to the extension
of Hill Street (~ill Street Waterway%: which properties
include but may not be limited to the Port of Port
Townsend property known as Point Hudson; all or
portions of B10C~$ 4-~2, Blocks 27-36 and Blocks 45. 52
a~d 93 of the Original Townsite of Port Townsend: and
the Port of.~ort TOwnsend property known as the Boat
Haven: ~n~
Ail of Blocks 45. 52 and 93 of the OriGinal Townsitg_.of Port
Townsend~
b. The. City shall assess the extent to which
a proposed progeCt in this area mavcreate adverse
impacts such as the followina: impacts on public
safety or envir~r~me~tal health; impacts on the National
Historic District; incongruous bulk and scale Which
could chan~ethe character of the area; destruction of
~.istoric buildin~s, structures, or artifacts: intrusion
of new buildings or structures which detract, rather
than contribute, to the character and authenticity of
the district: obstruction of views of the water.
natural features, or historic properties; diminished
access to the shoreline; impacts on transportation and
parking; impacts On light, air. open space or public
recreation: and other adverse environmental impacts.
c. If ~be.~itv.~gtermines that a proposed progect
would have adverse environmental impacts in ~he ~eo~raDhic area
described.above, it may impose conditions to mit~qate the
identified impact or deny the proposed Droge~t, pursuant to
applicable
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Section 2. Severability. In the event any one or more of the
provisions of this ordinance shall for any reason be held to be
invalid, such invalidity shall not affect or invalidate any other
provision of this ordinance, but this ordinance shall be
construed and enforced as if such invalid provision had not been
conta~.ned therein; provided, that any provision which shall for
any reason be held by reason of its extent to be invalid shall be
deemed to be in effect to the extent permitted by law.
Section 3 Effective date. This ordinance shall become
effective five days after its passage and publication as provided
by law.
Read for the first time on ~ /~ , 1990, and for the
second and third times and passed by the City Council of the City
of Port Townsend, Washington, at a regular meeting thereof, held
this ~ TM day of ~%~4~ , 1990.
Brent Shirley, Mayor /I
Attest: ~~/
David A. Grove, City Clerk
Apprgved as t~ form:
Keith Harper, City Attorney
((de~e~ed-~e~))
added text
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