HomeMy WebLinkAbout2847ORDINANCE NO. 2847
AN ORDINANCE of the City of Port Angeles, Washington,
amending the City's SEPA ordinance, by revising the list
of policy documents to be applied in denying or conditioning
actions pursuant to SEPA, and amending Ordinance 1886, as
amended, and Chapter 15.04 of the Port Angeles Municipal
Code.
WHEREAS, the City has adopted by reference various policies as a basis for denying
or conditioning actions pursuant to the State Environmental Policy Act, Chapter 43.21C RCW,
(SEPA), and
WHEREAS, the Growth Management Act, Ch.36.70A RCW, has necessitated
updating the list of policies to be applied under SEPA;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES
DOES HEREBY ORDAIN as follows:
Section 1. Ordinance No. 1886, as amended, and Chapter 15.04 of the Port Angeles
Municipal Code are hereby amended by amending PAMC 15.04.260 to read as follows:
Section 15.04.260 Authority to Deny or Condition Action to Mitigate or Prevent
Adverse Environmental Impact.
A. The City shall have the authority to deny or condition an action so as to
mitigate or prevent adverse environmental impacts. This authority applies to all City activities,
including actions as defined in this Chapter, whether or not such activities are considered to be
ministerial in nature.
B. The policies and goals set forth in this Chapter are supplementary to those in
the existing authorization of the City of Port Angeles.
C. 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 E of
this Section and cited in the license or other decision document.
D. 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
E of this Section and identified in writing in the decision document.
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E. 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 historical, 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 codes,
ordinances, resolutions, plans, guidelines. and regulations:
amended);
a. The City Comprehensive Plan (Ordinance No. 4-885 2818, as
b. The City Zoning Ordinance (Ordinance No. 1709, as amended);
c. The City Subdivision Regulations (Ordinance No. 1631, as amended);
d. The Shoreline Master Program (Ordinance No. 2033, as amended);
e. The City Environmental Policy Act (PAMC 15.04);
f. The regulations of the Olympic Air Pollution Control
Authority. as amended;
The City's Clearing and Grading. Wetlands Protection.
Environmentally Sensitive Areas Protection. Noise Control. and Flood Damage Protection
Ordinances, all as codified in Title 15 PAMC and as amended;
€h. Any other policies of the City which have been incorporated in
resolutions, regulations, ordinances, plans or codes.
C. Any conditional approval or denial of a proposal by the Responsible
Official which does not require approval by the City Council may be appealed to the City
Council by filing a written notice with the City Clerk within ten days following the date of
decision by the Responsible Official. At its next regularly scheduled meeting, the City Council
shall set the date for a public hearing, notice of which shall be published in a newspaper of
general circulation at least ten days prior to said hearing. Review by the City Council shall be
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on a de novo basis, in accordance with requirements of Section 15.04.280 B, C and D. After
the public hearing, the Council shall affirm the decision of the Responsible Official, reverse the
decision, modify the decision, or remand the decision in light of facts not previously available
to the Responsible Official.
Section 2 - Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, is held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not affected.
Section 3 - Effective Date. This Ordinance shall take effect five days after
publication.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 20th day of December, 1994.
ATTEST:
Becky J. U
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er
ity Cle
APPROVED AS TO FORM:
Craig D. nutson, City Attorney
PUBLISHED: December 25, 1994
(By Summary)
MAYOR
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Summaries of Ordinances Adopted by the
Port Angeles City Council
on December 20, 1994
Ordinance No. 2847
This Ordinance of the City of Port Angeles amends the City's SEPA ordinance by revising the list
of policy documents to be applied in denying or conditioning actions pursuant to SEPA and
amends Ordinance 1886, as amended, and Chapter 15.04 of the Port Angeles Municipal Code.
Ordinance No. 2848
This Ordinance of the City of Port Angeles amends Ordinance No. 1709, as amended, and adds
Section 17.96.045 to the Port Angeles Municipal Code to specify the use of zoning lot covenants.
Ordinance No. 2849
This Ordinance of the City of Port Angeles revises the Budget for the fiscal year ending December
31, 1994, adopts the budget for the fiscal year ending December 31, 1995, and amends Ordinance
2789.
Ordinance No. 2850
This Ordinance of the City of Port Angeles establishes a fund in the City Treasury for
administration of funds in connection with the maintenance of the new Senior Services and
Community Center.
The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request.
Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m.
These Ordinances shall take effect five days after the date of publication of these summaries.
Publish: December 25, 1994
Becky J. Upton
City Clerk