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HomeMy WebLinkAbout2324 Amending PTMC Regarding State Environmental Policy Act Provisions Related to Development in Environmentally Sensitive AreasORDINANCE NO. 23 2t-/ AN ORDINANCE AMENDING CHAPTER 19.04 OF THE PORT TOWNSEND MUNICIPAL CODE REGARDING STATE ENVIRONMENTAL POLICY ACT PROVISIONS RELATED TO DEVELOPMENT LOCATED IN ENVIRONMENTALLY SENSITIVE AREAS BY AMENDING SECTIONS 19.04.160 THROUGH 19.04.190, REGARDING SEPA THRESHOLDS AND AMENDING SECTION 19.04.240 TO ADD THE POLICIES OF NEW CHAPTER 19.05 OF THE PORT TOWNSEND MUNICIPAL CODE TO THE SEPA SUBSTANTIVE POLICIES OF THE CITY AND ADDING CLARIFYING LANGUAGE TO SECTION 19.04.250 OF THE PORT TOWNSEND MUNICIPAL CODE REGARDING APPEALS TO SUPERIOR COURT OF FINAL ACTIONS OF THE CITY PURSUANT TO THE STATE ENVIRONMENTAL POLICY ACT AND ADDING A NEW SECTION 19.04.280 REGARDING SEVERABILITY. Section 1. Article V of Chapter 19.04 of the Port Townsend Municipal Code is hereby amended to read as follows: ARTICLE V. ENVIRONMENTALLY SENSITIVE AREAS (ESA) 19.04.160 Defined. "Environmentally sensitive areas" (ESA) are those areas that are designated,~.,.,~-'~ -,-},v--~'~ by the city under Chapter 19.05 that may have severe limitations to development or where development could severely impact the area. ESA's are designated and mapped in Chapter 19.05 of the Port Townsend Municipal Code and the definitions, designations and mapping contained in that Chapter are incorporated into this Chapter by reference. :r-hey zone atlas Sub arc~ Map ~ 19.04.170 Environmentally Sensitive Area Goals and Policies, The following goals and policies shall apply to all nonexempt proposals located within ESA areas. Project approval shall be evaluated against these goals and policies, as well as those listed in section 19.04.240. A. Goals. 1. To protect life and property from flooding, uneven settlement, landslides, erosion, and other disruptions that may be associated with environmentally sensitive areas; 2. To recognize the unique natural constraints and characteristics of sensitive areas and to maintain or enhance the quality of such areas; 3. To avoid needless public and private costs from actions within environmentally sensitive areas resulting in negative impacts such as damage to life and property; 4. To promote public health, safety, and general welfare. B. Policies. In addition to the city policies identified in Section 19.04.240, all nonexempt projects located within an ESA shall be reviewed for compliance with the following policies: 1. Proposed actions within environmentally sensitive areas should be managed according to the severity of natural characteristics and constraints; 2. Property owners, prospective property owners, and the general public should be informed about the potential hazards in environmentally sensitive areas; 3. The existing vegetative cover should be maintained on all project sites to the greatest extent feasible. Where removal of vegetation is necessary, a reasonable effort should be made to replant vegetative cover, stabilize the soil, and prevent erosion; 4. Site restoration should be provided if land surface modifications violate these adopted policies or if construction does not ensue within a reasonable period of time; 5. All possible efforts should be made to ensure that land surface modifications would not induce excessive erosion, destabilize adjacent lands, or scar the landscape; 6. The use of cluster design, proper surface water drainage, and other mitigative techniques should be used in an effort to avoid unsuitable lands and minimize hazards to life and property; 7. The watershed boundaries of publicly owned water supply systems and significant mar~h ~n~ wetland areas should not be subjected to potential pollution sources; 8. The modification of marsh ~d wetland areas should be avoided; 9. Significant wildlife habitats designated as environmentally sensitive areas should be protected from deleterious effects of proposed actions; 10. Special consideration for project design should be given in areas of ponding, highly compressible soils or steep slopes; 11. In areas of former or active landslides and along slopes determined to be unstable, no land modification or related activities should occur without a favorable geologic investigation demonstrating that hazardous conditions do not exist or that mitigative techniques can be used to ensure safety to life and property. The geologic investigation should be prepared by a qualified soils engineer or engineering geologist. (Ord. 2005 §6.20, 1984) 19.04.180 Environmentally Sensitive Area Determination. A. The responsible official shall determine whether a proposal is located in an ESA using the maps process specified in Chapter 19.05 and cited in Section 19.04.160. B. Site-specific information concerning soils, geology, hydrology, and other relevant data may be required of the applicant in making the determination. The applicant shall be responsible for the accuracy and validity of the information submitted on their behalf. (Ord. 2005 §6.30, 1984) 19,04,190 Categorically Exempt Determination. A. An administrative review by the city shall determine if an action is categorically exempt from SEPA if the proposed action is within an environmentally sensitive area. B. ~. ....... + +~ .~,~t- !97 ' ~ ano~-,~ +,~ ~:+.. ~,^~+~ by .~c ......t~ +"~ fell i g Section 2, Article VII of Chapter 19.04 of the Port Townsend Municipal code is hereby amended to read as follows: ARTICLE VII. SEPA DECISION MAKING AUTHORITY, USE OF EXISTING DOCUMENTS AND APPEALS 19.04.230 Adoption by Reference. This article contains rules and policies for SEPA's substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. Rules for using and supplementing existing environmental documents prepared under SEPA or the National Environmental Policy Act (NEPA) for the city's own environmental compliance are also described. This section also describes procedures for appealing SEPA determinations to agencies or the courts. The city adopts the following sections by reference: WAC 197-11-600 197-11-610 197-11-620 197-11-625 197-11-630 197-11-635 197-11-640 197-11-650 197-11-655 197-11-660 197-11-680 (Ord. 2005 §8.10, When to use existing environmental documents. Use of N-EPA documents. Supplemental environmental impact statement - Procedures. Addenda - Procedures. Adoption - Procedures. Incorporation by reference - Procedures. Combining documents. Purpose of this part. Implementation. Substantive authority and mitigation. Appeals. 1984) 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 or more policies in subsection D of this section and identified in writing in the license, permit or other decision document; or 6. Conditions not based on one or more policies in subsection D of this section are voluntarily agreed upon by the proponent. 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 that 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. 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: City comprehensive plan and any amendments adopted pursuant ae thereto; b. C. Program; d. e. f. g. h. i. City subdivision ordinance; Jefferson County - Port Townsend Shoreline Management Master City floodplain management ordinance; City building code ordinance; City road, traffic and circulation standards; City zoning ordinance; Port Townsend Urban Waterfront Plan; Field Report by the National Trust for Historic Preservation on the Water Street Historic District; j. The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings; k. Port Townsend Streetscape Design Workbook (1987, adopted by Ordinance 2143, 1989); 1. Port Townsend Environmentally Sensitive Areas Ordinance~ adopted as Chapter 19.05 of the Port Townsend Municipal Code: m. Port Townsend Gateway Concept Plan; ½. n. All other city resolutions, ordinances, plans and guidelines effective now or after the date of the ordinance codified in this chapter. 4. The city shall exercise its authority in the geographic area described below pursuant to the following policies which are in addition to the policies set forth above. a. The geographic area subject to these policies is defined as: All lands within the jurisdiction of the Shoreline Managements Act (RCW 90.58) from the northwesterly boundary of the Point Hudson property owned by the Port of Port Townsend extending along the shorelines of Admiralty Inlet and Port Townsend Bay to the extension of Hill Street (Hill 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 Blocks 4-22, Blocks 27-36 and Blocks 45, 52 and 93 of the Original Townsite of Port townsend; and the Port of Port Townsend property known as the Boat Haven; and All of Block. s 45, 52 and 93 of the Original Townsite of Port Townsend. b. The city shall assess the extent to which a proposed project in this area may create adverse impacts such as the following: impacts on public safety or environmental health; impacts on the National Historic District; incongruous bulk and scale which could change the character of the area; destruction of historic buildings, 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 transportation and parking; impacts on light, air, open space or public recreation; and other adverse environmental impacts. c. If the city determines that a proposed project would have adverse environmental impacts in the geographic area described above, it may impose conditions to mitigate the identified impact or deny the proposed project, pursuant to applicable law. (Ord. 2222 §8.20, 1984) 19.04.250 Appeals A. 0un At) s .... ~, ....~ ...................... ~, proposal or action not requiring a decision of the City Council is conditioned or denied on the basis of SEPA by the responsible official, the substantive SEPA component of the decision shall be appealable to the City Council. Such appeal may be perfected by the proponent or any aggrieved party by giving notice to the responsible official within ten days of the decision being appealed. Review by the City Council shall be on a de novo basis. B. Judicial Ap_~als. The city shall give official nOtice under WAC 197-11-680 whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeals. Any judicial appeals shall be filed within the time limits specified and pursuant to the provisions of WAC 197-11-680. C. The city, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action. The notice shall describe the action and state a time limitation for commencing a challenge to that action. The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the City Clerk, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 2005 §8.30, 1984) Section 3. Article VIII of Chapter 19.04 of the Port Townsend Municipal Code is hereby amended to read as follows: ARTICLE VIII. FEES, FORMS AND SEVERABILITY 19.04.260 Fees. The city shall require the following fees for its activities in accordance with the provisions of this chapter: 19.04,280 Severability. If any clause, ~entence, paragraph, section or part of this chapter or the application thereof to any person or circumstances shall be adjudged by any court of competent jurisdiction to be invalid, such order or judgement shall be confined in its operation to the controversy in which it was rendered and shall not affect or invalidate the remainder of any part thereof to any other person or. circumstances and to this end the provisions of each clause, sentence, paragraph, section or part of this law are hereby declared to be severable, Section 4. This Ordinance shall become effective five (5) days after its passage and publication. ~t~ad for the first time on /00tJ~r~fg,~ /~/ /q~ ~ ~d for the s~ond ~d third ti~ ~d~as~ by ~e Ci~ Council of the City of Po~ Townsend, Washington, at a regul~ ~~~eldthis /~: dayof ~OG~r~er~ ,1992. ~~ Firsffi~ding:  ~ohn Cli~, Mayor S~on~mding: At, st: ~kd Rmd~g: David Grove, City Clerk Publication: Effective Date: Approved as to form: Dennis McLerran, City Attorney