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HomeMy WebLinkAbout2222 Amending Ordinance 2193 - Adding Environmental Policies to the Substantive Authority of the City Pursuant 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 Ordinance 2193, and establishing the effective date thereof. 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 on June 19, 1990, the City Council passed Ordinance 2193, adding certain environmental policies to the substantive authority of the city pursuant to the State Environmental Policy Act; and on December 4, 1990, the City Council passed ordinance ~/6 . , adopting the Port Townsend Urban Waterfront Plan and the City council finds that it is desirable to add this new plan to the substantive authority of the city; Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DOES ORDAIN AS FOLLOWS: - 1 - (Port Townsend, 12/90) ~ 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. 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; - 2 - (Port Townsend, 12/90) 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; 3. City building code ordinance f. City road, traffic and circulation standards; g. City zoning ordinance; h. ((We~k~ek-~e~-~he-Pe~-~ew~se~d-~ba~ Wa~e~e~-~Se)) port Townsend Urban Waterfront Plan; i. Field Report by the National Trust for Historic Preservation on the Water Street Historic District; j. The Secretary of the Interior's Standard's for Rehabilitation and Guidelines for Rehabilitating Historic Buildings; k. Port Townsend Streetscape Design Workbook (1987, adopted by Ordinance 2143, 1989); Ail 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: Ail lands within the jurisdiction of the Shoreline Management 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 - 3 - (Port Townsend, 12/90) 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 Ail of Blocks 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 ~eatures, 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 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. SectiQn 2. Severabilitv. 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 contained 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 - 4 - (Port Townsend, 12/90) Washington, at a regular meeting thereof, held of. Port Townsend, this /~ day of ~~ ., 1990. - Brent Shirley, Mayor Attest: David A. Grove, City Clerk ? Appro~d as to/form: Keith Harper, City Attorney Passed by the City Council: Signed by the Mayor: Published: Effective Date: .., 1990. ., 1990. , 1990. , 1990. - 5 - (Port Townsend, 12/90)