HomeMy WebLinkAbout2312 i
ORDINAICE NO. „
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G AN ORDINANCE of the City of Port Angeles
establishing environmental policies;
amending Ordinance No. 1886 and
Chapter 15.04 of the Port Angeles
Municipal P
c al Code.
BE IT ORDAINED by the City Council of the City of Port
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qAngeles as follows:
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Section 1. Ordinance No. 1886 and Chapter 15.04 of the;
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Port Angeles Municipal Code are hereby amended to read as
follows:
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Chapter 15.04
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ENVIRONMENTAL POLICY
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f Sections:
15.04.010 State Environmental Policy Act adopted.
15.04.020 SEPA rules adopted
15.04.030 General Requirements
15.04.040 Threshold Determinations .
k 15.04.050 Environmental Impact Statement (EIS)
15.04.060 Commenting
r 15.04,070 Using Existing Environmental Documents
15.04.080 SEPA and Agency Decisions
15.04.090 Definitions
8 15 .04.100 Categorical Exemptions
15.04.110 Agency Compliance
15.04.120 Forms
15.04.130 Additional Definitions
15.04.140 Environmentally Sensitive Areas
15.04.150 Lead agency determination and
responsibilities
15.04.160 Use of Exemptions
15.04.170 Use of Environmental Checklist
15.04.180 Use of Mitigated DNS
' 15.04.190 Additional Timing Considerations.
15.04.200 Preparation of EIS
15.04.210 Additional Elements to be Covered in an EIS.
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15.04.220 Designation of Official to Perform Consulted ':
Agency Responsibilities for the City
15.04.230 Designation of Responsible Official_
15.04.240 SEPA Public Information ,
15.04.250 Fees
15.04.260 Authority to deny or condition action
to mitigate or prevent adverse
i environmental impact
15.04.270 Public Notice
15.04.280 Appeals
15.04.010 State Environmental Policy Act adopted. The ;
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city adopts by reference the policies of the State Environmental
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Policy Act as expressed in RCW 43.21C.010 and RCW 43.21C.020.
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15.04.020 SEPA rules adopted. The city adopts by
y reference the sections or subsections of Chapter 197-11 of the
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HState Council on Environmental Policy) that are specifically
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;{ identified herein.
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— 15.04.030 General Requirements. This part contains
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the, basic requirements that apply to the SEPA process. The Cityj
} adopts the following sections of Chapter 197-11 of the Washingtonk
Administrative Code by reference:
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WAC 197-11-040 Definitions
-050 Lead agency
t -055 Timing of the SEPA process `
-060 Content of environmental review
-070 Limitations on actions during SEPA
process
-080 Incomplete or unavailable information
-090 Supporting documents
F -100 Information required of applicants.
15.04.040 Threshold Determinations. This part con-
ii tains the rules for deciding whether a proposal has a "probable
it significant, adverse environmental impact" requiring an environ
mental impact statement (EIS) to be prepared. This part also
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contains rules for evaluating the impacts of proposals not
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requiring an EIS. The City adopts the following sections by
is reference:
a WAC 197-11-300 Purpose of this part
-305 Categorical exemptions
-310 Threshold determination required
-315 Environmental checklist
-330 Threshold determination process
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-335 Additional =information
P'€ -340 Determination of nonsignificance (DNS)
-350 Mitigated DNS
It -360 Determination of significance (DS) /
initiation of scoping
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-390 Effect of threshold determination.
15.04.050 Environmental Impact Statement (EIS) . This
part contains the rules for preparing environmental impact
statements. The City adopts the following sections by
reference:
i WAC 197-11-400 Purpose of EIS
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E -402 General requirements
-405 EIS types
-406 EIS timing
H -408 Scoping.
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15.04.060 Commenting. This part contains rules for
consulting, commenting, and responding on all environmental
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documents under SEPA, including rules for public notice and
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hearings. The City adopts the following sections by reference:
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WAC 197-11-500 Purpose of this part
-502 Inviting comment
-504 Availability and cost of environmental
documents
-508 SEPA register
-535 Public hearings and meetings
H -545 Effect of no comment
-550 Specificity of comments j
_? -560 FEIS response to comments
-570 Consulted agency costs to assist lead
agency {
15.04.070 Using Existing Environmental Documents. }
jThis part contains rules for using and supplementing existing
environmental documents prepared under SEPA or National
� Environmental Policy Act (NEPA) for the City's own environmental ;
compliance. The City adopts the following sections by reference:$
z WAC 197-11-600 When to use existing environmental
documents
-610 Use of NEPA documents
-620 Supplemental environmental impact
statement - Procedures =r
-625 Addenda - Procedures
3 -630 Adoption - Procedures
-635 Incorporation by reference - Procedures
ii -640 Combining documents.
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15.04.080 SEPA and Agency Decisions. This part
contains rules (and policies) for SEPA`s substantive authority,
such as decisions to mitigate or reject proposals as a result of
SEPA. This part also contains procedures for appealing SEPA
s determinations to agencies or the courts. The City adopts the
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following sections by reference:
ki WAC 197-11-650 Purpose of this part
-655 Implementation
-660 Substantive authority and mitigation
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-680 Appeals. z
15.04.090 Definitions. This part contains uniform
usage and definitions of terms under SEPA. The City adopts the
following sections by reference, as supplemented by WAC
173-806-040:
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WAC-197-11-700 Definitions E
-702 Act
-704 Action
-706 Addendum
-708 Adoption
-710 Affected tribe
-712 Affecting
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-714 Agency
-716 Applicant
-718 Built environment
I -720 Categorical exemption
-722 Consolidated appeal
-724 Consulted agency
-726 Cost-benefit analysis
-728 County/city
-730 Decision maker
-732 Department
-734 Determination of nonsignificance (DNS)
-736 Determination of significance (DS)
-738 EIS
-740 Environment
-742 Environmental checklist
-744 Environmental document
-746 Environmental review
-748 Environmentally sensitive area
ii -750 Expanded scoping
-752 Impacts
-754 Incorporation by reference
-756 Lands covered by water
-758 Lead agency
-760 License
-762 Local agency
-764 Major action
-766 Mitigated DNS
-768 Mitigation 3
-770 Natural environment
-772 NEPA
-774 Nonproject
-776 Phased review
-778 Preparation
H -780 Private project
-782 Probable
-784 Proposal
-786 Reasonable alternative
-788 Responsible official
-790 SEPA
-792 Scope
-793 Scoping
-794 Significant
-796 State agency
-797 Threshold determination
-799 Underlying governmental action.
Section 15.04.100 Categorical Exemptions. The City
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adopts by reference the following rules for categorical
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exemptions, as supplemented in this ordinance:
WAC 197-11-800 Categorical exemptions
-880 Emergencies
-890 Petitioning DOE to change exemptions.
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Section 15.04.110 Agency Compliance. This part
contains rules for agency compliance with SEPA, including rules
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for charging fees under the SEPA process, designating environmen-
tally sensitive areas, listing agencies with environmental
expertise, selecting the lead agency, and applying these rules to
current agency activities. The City adopts the following j
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sections by reference:
WAC 197-11-900 Purpose of this part
-902 Agency SEPA policies
-916 Application to ongoing actions
-920 Agencies with environmental expertise
-922 Lead agency rules
-924 Determining the lead agency
-926 Lead agency for governmental proposals
-928 Lead agency for public and private
proposals
-930 Lead agency for private projects with
one agency with jurisdiction
-932 Lead agency for private projects
requiring licenses from more than one
agency, when one of the agencies is a
C ounty/city
-934 Lead agency for private projects
requiring licenses from a local
agency, not a county/city, and one or
ii more state agencies
l -936 Lead agency for private projects
requiring licenses from more than one
state agency
-938 Lead agencies for specific proposals
-940 Transfer of lead agency status to a
state agench
-942 Agreements on lead agency status
-944 Agreements on division of lead agency
duties.
15.04.120 Forms. The City adopts the following forms
and sections by reference:
WAC 197-11-960 Environmental checklist
-965 Adoption notice
-970 Determination of nonsignificance (DNS)
-980 Determination of significance and
scoping notice (DS)
-985 Notice of assumption of lead agency
status
-990 Notice of action.
j 15.04.130 Additional Definitions. In addition to
those definitions contained within WAC 197-10-040, the following
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terms shall have the following meanings, unless the context
indicates otherwise:
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A. "Department" means any division, subdivision or
G organizational unit of the city established by ordinance, rule,
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or order.
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B. "SEPA Rules" means WAC Chapter 197-11 adopted by
the Council on Environmental Policy and amended by the Department,
of Ecology.
C. "Early notice" means the City's response to an r
applicant stating whether it considers issuance of a
determination of significance likely for the applicant's proposal
(mitigated determination of nonsignificance (DNS) procedures) .
15.04.140 Environmentally sensitive areas.
A. The map filed under City Clerk File No. 0.84,
which is adopted by reference, designates the location of the
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
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guidelines. A threshold determination shall be made for all such=
actions, and an EIS shall not be automatically required for a
proposal merely because it is proposed for location in an
environmentally sensitive area.
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C. The following categorical exemptions shall not
apply within Environmentally Sensitive Areas:
Subsections (1) , (2) (a) through (h) , (3) , (5) , (6) (a) ,
(14) (c) , (24) (a) through (G) , and (25) (d) , (f) , (h) ,
(i) , of WAC 197-11-800. r
15.04.150 Lead agency determination and responsibili-
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ties.
A. When the city receives or initiates a proposal, t
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any portion of which involves a major action, the Responsible
3 Official shall determine the lead agency for that proposal
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pursuant to the criteria set forth in WAC 197-11-050 and
197-11-922 through 197-11-940. This determination shall be made
for each proposal involving a major action unless the lead agency ':
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has been previously determined, or the Responsible Official is
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aware that another agency is in the process of determining the
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lead agency. Note: A lead agency must be an agency with
jurisdiction.
B. In those instances in which the city is the lead
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agency, the responsible official of the city shall supervise
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compliance with the threshold determination, and if an EIS is
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necessary, shall supervise preparation of the draft and final
EIS.
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C. In those instances in which the city is not the
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lead agency for a proposal, all departments of the city shall
utilize and consider as appropriate either the declaration of
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j nonsignificance or the final EIS of the lead agency in
conjunction with the decisions of the city on the proposal. In
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such instances, no city department shall prepare or require
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preparation of a declaration of nonsignificance or EIS in
addition to that prepared by the lead agency.
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3 D. In the event that the city or any department
thereof receives a lead agency determination made by another
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agency, which does not appear to be in accord with the criteria ".
j of WAC 197-11-922 through 197-11-940, it may object thereto. Any
such objection must be made and resolved within fifteen days of 1
receipt of the determination, or the city must petition the
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Department of Ecology for a lead agency determination pursuant to
WAC 197-11-946 within the fifteen-day time period. Any such
petition on behalf of the city shall be initiated by the city
manager.
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E. Departments of the city are authorized to make
agreements as to lead agency status pursuant to WAC 197-11-942
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and WAC 197-11-944; provided, that any such agreement involving
assumption of lead agency status by the city will first be
{ approved by the responsible official for the city, and, that any
department which will incur responsibilities as a result of any
E such agreement will approve the agreement.
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F. Any department making a lead agency determination
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the applicant to ascertain which other agencies have jurisdiction!.
over the proposal.
Exemptions.
15.04.160 Use of Exem
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' (1) When the City receives an application for a
license or, in the case of governmental proposals, a department
initiates a proposal, the Responsible Official shall determine
whether the license and/or the proposal is exempt. The
Responsible Official's determination that proposal is exempt
E shall be final and not subject to administrative review. If a
ii proposal is exempt, none of the procedural requirements of this
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ordinance apply to the proposal. The City shall not require
hcompletion of an environmental checklist for an exempt proposal.
(2) In determining whether or not a proposal is
5 exempt, the Responsible Official shall make certain the proposal
is properly defined and shall identify the governmental licenses
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required (WAC 197-11-060) . If a proposal includes exempt and
� nonexempt actions, the Responsible Official shall determine the
lead agency, even if the license application that triggers the
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department's consideration is exempt.
(3) If a proposal includes both exempt and nonexempt
actions, the City may authorize exempt actions prior to
compliance with the procedural requirements of this ordinance as
set forth in WAC 197-11-070. A department may withold approval
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of an exempt action that would lead to modification of the
physical environment, when such modification would serve no
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! prupose if nonexempt actions were not approved; and a department
may withhold approval of exempt actions that would lead to
substantial financial expenditures by a private applicant when
the expenditures would serve no purpose if nonexempt actions were
not approved.
15.04.170 Use of Environmental Checklist.
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A. A completed environmental checklist (or a copy) ,
in the form provided in WAC 197-11-960, shall be filed at the
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same time as an application for a permit, license certificate orr
other approval not specifically exempted in this ordinance;
except, a checklist is not needed if the City and applicant agree
an EIS is required, SEPA compliance has been completed, or SEPA r
compliance has been initiated by another agency. The City shallx
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use the environmental checklist to determine the lead agency and,!
if the City is the lead agency, for determining the responsible
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H official and for making the threshold determination.
B. For private proposals, the City will require the
applicant to complete the environmental checklist, providing
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assistance as necessary. For City proposals, the department
initiating the proposal shall complete the environmental
checklist for that proposal.
C. The City may require that it, and not the private ;
applicant, will complete all or part of the environmental
checklist for a private proposal, if either of the following
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occurs: F
(1) The City has technical information on a
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question or questions that is unavailable to the private
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applicant; or
(2) The applicant has provided inaccurate
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information on previous proposals or on proposals currently under".
consideration.
15.04.180 Use of Mitigated DNS.
A. As provided in this section and in WAC 197-11-350, ?
the responsible official may issue a DNS based on conditions
? attached to the proposal by the responsible official or on
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changes to, or clarifications of, the proposal made by the
it applicant.
B. An applicant may request in writing early notice
of whetheran ETS is likely under WAC 197-11-350 . The request must•.
(1) Follow submission of a permit application and ;
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environmental checklist for a nonexempt proposal for which the
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department is lead agency; and
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(2) Precede the City's actual threshold
determination for the proposal.
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„ C. The responsible official should respond to the
request for early notice within fifteen (15) working days. The
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response shall:
-- � (1) Be written;
(2) State whether the City currently considers
issuance of a DS likely and, if so, indicate the general or
specific areas of concern that are leading the City to consider a{
1 DS; and
(3) State that the applicant may change or
clarify the proposal to mitigate the indicated impacts, revising 'Et
the environmental checklist and/or permit application as
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necessary to reflect the changes or clarifications.
D. As much as possible,, the City should assist the
applicant with identification of impacts to the extent necessary '
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to formulate mitigation measures.
E. When an applicant submits a changed or clarified
proposal, along with a revised or amended environmental
checklist, the City shall base its threshold determination on they
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changed or clarified proposal and should make the determination
within fifteen (15) days of receiving the changed or clarified
proposal:
(1) If the City indicated specific mitigation
measures in its response to the request for early notice, and they
applicant changed or clarified the proposal to include those
specific mitigation measures, the City shall issue and circulate
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a DNS under WAC 197-11-340 (2) .
(2) It the City indicated areas of concern, but
f did not indicate specific mitigation measures that would allow it
to issue a DNS, the City shall make the threshold determination,
issuing a DNS or DS as appropriate.
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(3) The applicant's proposed mitigation measures
(clarifications, changes or conditions) must be in writing and
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must be specific. For example, proposals to "control noise" or
prevent stormwater runoff" are inadequate, whereas proposals to
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muffle machinery to X decibel" or "construct 200-foot stormwater'
retention pond at Y location_" are adequate.
(4) Mitigation measures which justify issuance ofi
a mitigated DNS may be incorporated in the DNS by reference to
' agency staff reports, studies or other documents.
F. A mitigated DNS is issued under WAC 197-11-340 (2) ,
requiring a fifteen-day comment period and public notice.
G. Mitigation measures incorporated in the mitigated
DNS shall be deemed conditions of approval of the permit decision,
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and may be enforced in the same manner as any term or condition
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of the permit, or enforced in any manner specifically prescribed i
by the City.
H. If the City's tentative decision on a permit or
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approval does not include mitigation measures that were
incorporated in a mitigated DNS for the proposal, the City should
evaluate the threshold determination to assure consistency with
WAC 197-11-340 (3) (a) (withdrawal of DNS) .
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I. The City's written response under subsection B of
this section shall not be construed as a determination of
significance. In addition, preliminary discussion of
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U clarifications or changes to a proposal, as opposed to a written
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IE request for early notice, shall not bind the City to consider the ;
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clarifications or changes in its threshold determination.
15.04.190 Additional Timing Considerations.
A. For nonexempt proposals the DNS or Final EIS for
the proposal shall accompany the City's staff recommendation to
the Planning Commission or similar advisory body.
B. If the City's only action on a proposal is a
decision on a building permit or other license that requires
detailed project plans and specifications, the applicant may
request in writing that the City conduct environmental review
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;prior to submission of the detailed plans and specifications.
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15.04.200 Preparation of EIS.
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by the responsible official or his designee, or by a private
°1 applicant or a consultant retained by the private applicant. In ,
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a the event the responsible official determines that the applicant ;
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t will be required to prepare an EIS, the applicant shall be so
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,� notified immediately after completion of the threshold determina
tion. The responsible official shall also notify the applicant
E of the City's procedure for EIS preparation including approval ofs
the DEIS and FEIS prior to distribution.
<< B. In the event that an EIS is to be prepared by a
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private applicant or a consultant retained by the private
applicant, the responsible official shall assure that the EIS is :
prepared in a responsible manner and with appropriate
methodology. The responsible official shall direct the areas of
research and examination to be undertaken, as well as the
organization of the resulting document.
C. The responsible official may require a private
applicant to provide data and information which is not in the
possession of the city relevant to any or all areas to be covered
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U by the EIS. However, the applicant is not required to supply
k, information that is not required under this ordinance or that is
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being requested from another agency. (This does not apply to
information the City may request under another ordinance or
statute.)
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D. No matter who participates in the preparation of
an EIS, it must be approved by the responsible official prior to
�i distribution.
E. In all occasions of EIS preparation, the applicant
is encouraged to provide information to the responsible official. ,
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15.04.210 Additional Elements to be Covered in an EIS. ,
3 A. The following additional elements are part of the
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environment for the purpose of EIS content, but do not add to the ;
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criteria for threshold determinations or perform any other
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function or purpose under this ordinance or subject the EIS to
adequacy analysis on said elements:
1. Economy
2. Social Policy analysis.
B. These sections may be covered in an EIS upon a
determination by the responsible official based upon information
presented in the proposal, permit application, environmental
checklist, and the City's economic checklist.
15.04.220 Designation of official to perform consulted',
agency responsibilities for the city.
A. The city manager shall be responsible for the
preparation of the written comments for the city in response to a=
consultation request prior to a threshold determination,
participation in pre-draft consultation, or reviewing a draft
EIS.
B. The city manager shall be responsible for
compliance by the city with WAC 197-11-550 wherever the city is a;
consulted agency, and he is authorized to develop operating
procedures which will ensure that responses to consultation
requests are prepared in a timely fashion and include data from
all appropriate departments of the city.
15.04.230 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 hiss
designee.
B. The responsible official shall make the threshold
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determination, supervise scoping and preparation of any required
EIS, and perform any other functions assigned to the lead agency
or responsible official by those sections of the SEPA Rules which '
are adopted by reference in this ordiannce for all proposals for
H which the city is the lead agency.
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15.04.240 SEPA public information. All documents
required by the SEPA Rules (Chapter 197-11 WAC) shall be retained;
by the city and made available in accordance with Chapter 42.17
RCW (Washington State Open Government Act) .
15.04.250 Fees. The following fees shall be required
for actions by the city in accordance with the provisions of this =,
chapter:
A. Threshold determination. For every environmental
assessment 'to be performed by the city when the city is lead
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agency, a fee of fifty dollars shall be required of the proponent;
of the proposal. This fee shall be collected prior to
undertaking the threshold determination, and the time periods
provided by this chapter for making a threshold determination
shall not begin to run until payment of the fee.
B. Environmental Impact Statements.
1. For all proposals requiring an EIS for which
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the city is the lead agency and for which the responsible
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official determines that the EIS shall be prepared by employees
of the city, the city may charge and collect a reasonable fee
from any applicant to cover costs incurred by the city in the
preparation of an EIS. If it is determined that an EIS is
required, applicants shall be advised of and shall post bond or }
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otherwise insure payment of such costs.
2. The responsible official may determine that
the city will contract directly with a consultant for preparation =
of environmental documents for activities initiated by some
persons or entity other than the city and may bill such costs and
expenses directly to the applicant. Such consultants shall be
selected by mutual agreement of the city and applicant after a
call for proposals. Applicants may be required to post bond or
otherwise insure payment of such costs.
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3. In the event that a proposal is modified so
that an EIS is no longer required, the responsible official shall
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f' refund any costs collected under divisions 1 and 2 of this
subsection which were collected for costs not incurred.
C. No fee shall be collected by the city for
performing its duties as a consulted agency.
D. The city may charge any person for copies of any
document prepared pursuant to the requirements of this chapter,
and for mailing thereof, in a manner provided by RCW Chapter
42.17.
E. The City may collect a reasonable fee from an
applicant to cover the cost of meeting the public notice
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requirements of this ordinance relating to the applicant's
proposal.
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!
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or not such activities are considered to be ministerial in
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nature. {
B. The policies and goals set forth in this ordinance!
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zjare supplementary to those in the existing authorization of the
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�! City of Port Angeles.
C. The City may attach conditions to a permit or
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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 ordinance; and
2. Such conditions are in writing; and
3. The mitigation measures included in such
conditions are reasonable and capable of being accomplished; and
E 4. The City has considered whether other local,
state or federal mitigation measures applied to the proposal are "
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sufficient to mitigate the identified impacts; and
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5. Such conditions are based on one or more
y policies in subsection E of this section and cited in the license:.
�a or other decision document.
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D. The City may deny a permit or approval for a
proposal on the basis of SEPA so long as:
a 1. A finding is made that approving the proposal;
would result in probable significant adverse environmental
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impacts that are identified in a FEIS or final SEIS prepared
E pursuant to this ordinance; and
2. A finding is made that there are no
HI reasonable mitigation measures capable of being accomplished that
are sufficient to mitigage 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.
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
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r? 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;
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d. Preserve important historica, cultural,
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and natural aspects of our national heritage;
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e. Maintain, wherever possible, an
environment which supports diversity and variety of individual
choice;
f. Achieve a balance between population and =
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regource use which will permit high standards of living and a
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wide sharing of life's amenities; and
3 g. Enhance the quality of renewable
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resources and approach the maximum attainable recycling of
s depletable resources.
2. The City recognizes that each person has a
5 fundamental and inalienable right to a healthful environment and
xj that each person has a responsibility to contribute to the
preservation and enhancement of the environment.
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3. The City adopts by reference the policies in
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the following City codes, ordinances, resolutions, plans:
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a. The City Comprehensive Plan (Ordinance
No. 1885, as amended) ;
b. The City Zoning Ordinance (Ordinance No.
F
1709, as amended) ;
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C. The City Subdivision Regulations
(Ordinance No. 1631, as amended) ;
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d. The Shoreline Master Program (Ordinance
No. 2033, as amended) ;
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ti e. The City Environmental Policy Act (PAMC
15.04) ;
f. Any other policies of the City which
have been incorporated into resolutions, regulations, ordinances,
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plans or codes.
ij C. Any conditional approval or denial of a proposal
by the responsible official which does not require approval by
kthe city council may be appealed to the city council by filing a
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written notice with the city clerk within ten days following the
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date of decision by the responsible official. At its next
regularly scheduled meeting, the city council shall set the date 3
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Y3,5
3
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 on a de novo basis, '
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in accordance with requirements of .280 B, C and D. After the
public hearing, the council shall affirm the decision of the
kresponsible official, reverse the decision, modify the decision,
or remand the decision in light of facts not previously availablex
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to the responsible official.
d� 15.04.270 Public Notice.
r A. Whenever the City of Port Angeles issues a DNS
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under WAC 197-11-340 (2) or a DS under WAC 197-11-360 (3) the City
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shall give public notice as follows:g
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1. If public notice is required for a nonexempt
license, the notice shall state whether a DS or DNS has been
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issued and when comments are due. fi
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2. If no public notice is required for the
permit or approval, the City shall give notice of the DNS or DS
ty, d
by:
a. Posting the property, for site-specific
proposals;
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b. Publishing notice in a newspaper of
general circulation in the County, City, or general area where €
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9 the proposal is located.
3. Whenever the City issues a DS under WAC
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197-I1-360 (3) , the City shall state the scoping procedure for the
proposal in the DS as required in WAC 197-11-408 and in the
public notice.
B. Whenver the City issues a DEIS under WAC
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197-11-455 (5) or a SEIS under WAC 197-11-620, notice of the
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availability of those documents shall be given by:
1. Indicating the availability of the DEIS in
any public notice required for a nonexempt license; and
2. Posting the property, for site-specific
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proposals;
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3. Publishing notice in a newspaper of general 5
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circulation in the County, City, or general area where the
proposal is located.
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C. Whenever possible, the City shall integrate the
public notice required under this section with existing notice
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procedures for the City's nonexempt permits or approvals required >
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for the proposal.
D. The City may require an applicant to complete the
'= public notice requirements for the applicant's proposal at his or !
k her expense.
15.04.280 Appeals. The City of Port Angeles
i
establishes the following administrative appeal procedures under
1
RCW 43.21C.075 and WAC 197-11-680:
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A. Any agency or person may appeal the City's
s procedural compliance with Chapter 197-11 WAC for is-seance of the '
i� following:
1. A final DNS. Appeal of the DNS must be made
to the Planning Commission within ten (10) days of the date the
DNS is final (see WAC 197-11-390 (2) (a) ) .
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2. A DS. The appeal must be made to the
Planning Commission within ten (10) days of the date the DS is
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4
issued.
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3. An EIS. Appeal of the FEIS must be made to
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the Planning Commission within ten (10) days of the date the
permit or other approval is issued. i
B. For any appeal under this subsection, the City
shall provide for a record that shall consist of the following:
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1. Findings and conclusions;
2. Testimony under oath; and
H3. A taped or written transcript.
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C. The City may require the appellant to provide an
electronic transcript.
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D The procedural determination by the City's
responsible official shall carry substantial weight in any appeal ;'.
proceeding,
The City shall give official notice under WAC 197-11-680 (5)
whenever it issues a permit or approval for which a statute or
ordinance establishes a time limit for commencing judicial
appeal.
Section 2 Severability. If any provisions of this
ordinance, or its application to any person or circumstance is
14
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 on October 1, 1984.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the 18th day of
September, 1984.
M A Yea 0 R
ATTEST:
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Merr'i A. Lannoye, City Clerk
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APPR �KD AS TO FORM:
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Craig D. RnUtsoh, City Attorney
PUBLISHED:y �__I_�_,
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