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ORDINANCE NO. J7'
AN ORDINANCE of the City of Port Angeles
adopting by reference certain amendments
to Chapter 197 -10 of the Washington
Administrative Code, amending Ordinance
No. 1886 and amending Chapter 15.04 of
the Municipal Code.
WHEREAS, the SEPA Guidelines were amended by the Depart-
ment of Ecology effective January 21, 1978; and
WHEREAS, RCW 43.21C.120 requires local governmental
agencies to adopt regulations which are consistent with the SEPA
Guidelines not later than one hundred eighty days after the
effective date of said guidelines; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ANGLES DOES ORDAIN
as follows:
Section 1. City of Port Angeles Ordinance No. 1886,
Section 2 and Port Angeles Municipal Code Section 15.04.020 are
each hereby amended to read as follows:
15.04.020 SEPA guidelines adopted. .The City adopts
by reference the following sections or subsections of
Chapter 197 -10 (the "SEPA Guidelines ")' adopted by the
State Council on Environmental Policy and amended by
the State of Washington Department of Ecology:
WAC 197 -10 -040: Definitions.
- 060: Scope of a Proposal and its Impacts.
- 160: No presumption of Significance for
Non - Exempt Actions.
- 170: Categorical Exemptions.
-175: Exemptions and Non - Exemptions Applic-
able to specific State Agencies.
- 180: Exemptions for Emergency Actions.
-200: Lead Agency - -Responsibilities.
- 203: Determination of Lead Agency -- Procedures.
- 205: Lead Agency Designation = -- Governmental
Proposals.
- 210: Lead Agency Designation -- Proposals
involving Both Private and Public
Construction.
- 215: Lead Agency Designation -- Private Pro-
jects for Which There is Only One Agency.
-220: Lead Agency Designation -- Private Pro-
jects, Licenses From More Than One Agency
When One is City /County.
-225: Lead Agency Designation -- Private Pro-
jects, License From More Than One State
Agency.
-230: Lead Agency Designation -- Specific
Proposals.
- 235: Local Agency Transfer of Lead Agency
Status to a State Agency.
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- 240: Agreements as to Lead Agency Status.
- 245: Agreements Between Agencies as to
Division of Lead Agency Duties.
- 260: Dispute as to Lead Agency Determina-
tion-- Resolution by CEP.
- 270: Assumption of Lead Agency by Another
Agency with Jurisdiction.
- 300: Threshold Determination Requirement.
-305: Recommended Timing for Threshold
Determination.
- 310: Threshold Determination Procedures- -
Environmental Checklist.
- 320: Threshold Determination Procedures- -
Initial Review of Environmental
Checklist.
- 330: Threshold Determination Procedures- -
Information in Addition to Checklist.
- 340: Threshold Determination Procedures- -
Negative Declarations.
- 345: Assumption of Lead Agency Status by
Another Agency with Jurisdiction- -
Prerequisites, Effect and Form of
Notice.
- 350: Affirmative Threshold Determinations.
- 355: Form of Declaration of Significance/Non -
Significance.
- 360: Threshold Determination Criteria- -
Application of Environmental Checklist.
- 365: Environmental Checklist.
- 370: Withdrawal of Affirmative Threshold
Determination.
- 375: Withdrawal of Negative Threshold
Determination.
- 390: Effect of Threshold Determination by
Lead Agency.
- 400: Duty to Begin Preparation of a Draft EIS.
- 410: Pre -Draft Consultation Procedures.
-425: Organization and Style of a Draft EIS.
- 440: Contents of a Draft EIS.
- 442: Special Considerations Regarding
Contents of an EIS.
- 444: List of Elements of the Environment.
- 450: Public Awareness of Availability of
Draft EIS.
-455: Circulation of the Draft EIS -- Review
Period.
- 460: Specific Agencies to which Draft EIS
shall be sent.
- 465: Agencies prossessing Environmental
Expertise.
- 470: Costs to the Public For Reproduction of
Environmental Documents.
- 480: Public Hearing on a Proposal - -When
Required.
- 485: Notice of Public Hearing on Environ-
mental Impact of the Proposal.
-490: Public Hearing on the Proposal- -Use of
Environmental Document.
- 495: Preparation of Amended or New Draft EIS.
-500: Responsibilities of Consulted Agencies- -
Local Agencies.
- 510: Responsibilitites of Consulted Agencies- -
State Agencies with Jurisdiction.
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- 520: Responsibilities of Consulted
Agencies--State Agencies with
Environmental Expertise.
- 530: Responsibilities of Consulted
Agencies- -When Pre -Draft Consultation
has Occurred.
- 535: Cost of Performance of Consulted Agency
Responsibilities.
- 540: Limitations on Responses to Consulta-
tion.
- 545: Effect of No Written Comment.
- 550: Preparation of the Final EIS - -Time
Period Allowed.
- 570: Preparation of Final EIS - -When no
Critical Comments Received on the
Draft EIS.
- 580: Preparation of the Final EIS-- Contents --
When Critical Comments Received on Draft
EIS.
- 600: Circulation of the Final EIS.
- 650: Effect of an Adequate Final EIS Prepared
Pursuant to NEPA.
- 652: Supplementation by a Lead Agency of an
Inadequate Final NEPA EIS.
- 660: Use of Previously Prepared EIS for a
Different Proposed Action.
- 690: Use of a Lead Agency's EIS by Other
Acting AGencies for the Same Proposal.
- 695: Draft and Final Supplements to a
Revised EIS.
- 700: No Action for Seven Days After Publica-
tion of the Final EIS.
- 710: EIS Combined with Existing Planning and
Review Processes.
-831: Responsibilities of Agencies - -SEPA Public
Information.
- 840: Application of Agency Guidelines to
On -going Action.
Section 2. City of Port Angeles Ordinance No. 1886
Section 3 and Port Angeles Municipal Code Section 15.04.030 are
each hereby amended to read as follows:
15.04.030 Definitions. In addition to those definitions
contained within WAC 197 -10 -040, the following terms shall
have the following meanings, unless the context indicates
otherwise:
A. "Department" means any division, subdivision or
organizational unit of the City established by ordinance,
rule or order.
B. "SEPA Guidelines" means WAC Chapter 197 -10 adopted
by the Council on Environmental Policy and amended by
Department of Ecology.
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� 3a
Section 3. City of Port Angeles Ordinance No. 1886
Section 4 and Port Angeles Municipal Code Section 15.04.040 are
each hereby amended to read as follows:
15.04.040 Environmentally sensitive areas.
A. The map filed under City Clerk File No. d, ,
which is herewith adopted by reference, designates the
location of environmentally sensitive areas within the
city.
B. Major actions which will be located wholly or
partially within an environmentally sensitive area are to
be treated no differently than other major actions under
these guidelines. A threshold determination shall be made
for all such actions, and an EIS shall not be automatic-
ally required for a proposal merely because it is proposed
for location in an environmentally sensitive area.
Section 4. City of Port Angeles Ordinance No. 1886
Subsection 4 of Section 5, and Port Angeles Municipal Code
Section 15.04.050 (D) are each amended to read as follows:
15.04.050 Lead agency determination and responsibil-
ities.
D. In the event that the city or any department
thereof receives a lead agency determination made by
another agency, which does not appear to be in accord
with the criteria of WAG 197 -10 -205 through 197 -10 -245,
it may object thereto. Any such objection must be
made and resolved within fifteen days of receipt of the
determination, or the city must petition the Department
of Ecology for a lead agency determination pursuant to
WAC 197 -10 -260 within the fifteen day time period. Any
such petition on behalf of the city shall be initiated
by the city manager.
Section 5. City of Port Angeles Ordinance No. 1886
Section 8 and Port Angeles Municipal Code Section 15.04.090 are
each hereby amended to read as follows:
15.04.090 Designation of responsible official.
A. For those proposals for which the city is the
lead agency, the responsible official shall be the
city manager or his designee.
B. The responsible official shall make the thres-
hold determination, supervise preparation of any re-
quired EIS, and perform any other functions assigned
to the lead agency or responsible official by those
sections of the SEPA Guidelines which are adopted by
reference in Section 15.04.020 for all proposals for
which the city is the lead agency.
Section 6. City of Port Angeles Ordinance No. 1886
Section 9 and Port Angeles Municipal Code Section 15.04.100 are
each hereby repealed.
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Section 7. There is hereby added to the Port Angeles
Municipal Code a new Section 15.04.101 to read as follows:
15.04.101 SEPA public information. All documents
required by the SEPA Guidelines (Chapter 197 -10 WAC)
shall be retained by the city and made available in
accordance with Chapter 42.17 RCW (Washington State
Open Government Act).
Section 8. City of Port Angeles Ordinance No. 1886
Section 10 is hereby amended by repealing subsection (4) and
Port Angeles Municipal Code Section 15.04.110 is hereby amended
by repealing subsection D.
PASSED by the City Council of the City of Port Angeles
tee
at a regular meeting of the Council held on the £ day
of 9/Lie-
, 1978.
ATTEST:
Marian C. Parrish, City Clerk
APPROVED AS TO FORM:
. T. Walrath, City Attorne
/98
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