742_00001ORDINANCE NO.742
AN ORDINANCE ADDING CAPTER3.23,ENVIRONMENTAL IMPACT ASSESSMENTSAND STATE-MENTS,TO THE MOSES LAKECITY CODE,BYESTABLISHINGENVIRONMENTALPOLICY REG-ULATIONS POR THE CITY OF MOSES LAKE,WASHINGTON.
IWHEREASthe Moses Lake Planning Commission has established the need for Environmental Impact Assess-ments and Statements and;
WHEREASEnvironmental Impact Assessments and Statements will provide the Administrative and Legislativebranchesofgovernmentwithbetterinformationonwhichtobasetheirdecisionsand;
WHEREAS the Moses Lake Planning Commission has carefully studied the contents of the proposed regula-tions for Environmental Impact Assessments and Statements:
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON,DO ORDAINASFOLLOWS:
Section 1:That Section 3.23.105 of Chapter Number 3.23 be added to read as follows:
3.23.005 Environmental Impact Assessment Mandatory.All project developments andnon-project proposals,within the City of Moses Lake,shall require an Environmental /Impact Assessment,except for those projects listed below:
The following proposals to undertake actions of the types listed herein aredeterminednottobeproposalsforlegislationorothermajoractionssignificantlyaffectingthequalityoftheenvironment,and are exempted from compliance withtheproceduralrequirementsofthisChapter.
1.Repair,maintenance or minor alteration of existing facilities.The repair,maintenance or minor alteration of existing private or public structures,utility,telephäne and transit facilities or mechanical equipment,involving
no material expansions or changes of use beyond that previously existing.If the previous use had been discontinued for a period of five years or morepriortothepresentproposal,this exemption shall not apply.
2 ..Adoption or amendment of any comprehensive or land use ordinance which establishesanewzoneorchangesexistingzoningdesignationsforten(10)acres or less.
3,Minor new construction.The following types of minor new construction
shall be exempt,except when undertaken wholly or in part on lands
covered by water:
A.The construction of a single family residence,duplex or smallapartmentoffourdwellingunitsorless.
B.The construction of a barn,loafing shed,or similar agriculturalstructure,covering less than 5,000 square feet,excluding feedlots.
C.The construction of an office,commercial,recreational,serviceorstoragebuildingdesignedforanoccupantloadof25persons orless,and with less than 10,000 square feet of gross floor area.
D.The construction of bus stops,shelters,access facilities and pulloutlanesfortaxicabsandtransit,and the construction of loading zones.
E.The construction and/or installation of minor road and street improve-ments such as channelization and elimination of sight restrictions atintersections,street lighting,guardrail and baricade installation,installation of catch basins and culverts,and reconstruction of exist-ing road bed,including minot widening of shoulders and additionalIrightofway,but not including the addition of a lane of traffic.
F.The construction and/or installation of commercial signs,and signsandsignalsforallpublicpurposes.
G.The installation of hydrological measuring devices.
H.The construction of a parking lot designed for 30 cars or less.
I.The demolition of any existing building .
Î.Any landfill or excavation of 500 cubic yards or less.
K.Electric line extentions and services at distribution voltages.
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L.The installation,repair,maintenance and inspection of allundergroundcommunicationlinesonpublicright-of-way.
M.Construction of utilities to serve any building or facility
exempted by this section.
N.Accessory structures to any building or facility exempted by
this Section,including garages,carports,pattos,fences,
septic tanks and recreational facilities.
O.Actions which must be undertaken immediately,or within atimetooshorttoallowcompliancewiththisChapter,to avoid
an imminent threat of serious environinental degradation,shall
be exempt from the requirements of this Chapter.
P.If a proposal includes a series of actions,physically or functionally
related to each other,some of which are exempted and some of
which are not,such a proposal shall not be exempt and anEnvironmentalImpactAssessmentshallberequiredandshall he
applied to the proposal as a whole.
Q.If the proposal includes a series of exempt actions which arephysicallyorfunctionallyrelatedtoeachother,but which together
may have a significant environmental impact,may (at the discretion
of the Planning Commission)be required to submit an Environmental
Impact Assessment to apply to the proposal as a whole.
Section 2:That Section 3.23.110 of Chapter Number 3.23.be added to read as follows:
3.23.110 Environmental Impact Statement Mandatorv.Proposals for the actions listed
below shall always constitute proposals for major actions significantly affecting the quality
of the environment:
1.Any change in existing land use or authorizations for use covering 40 or
more acres,any part of which lies within the City of Moses Lake.
2.Construction of any new commercial or industrial facility at which 200
or more people will be employed,or which encompasses 30,000 square
feet or more.
3.Construction of a new or additional residential development that includes
100 or more dwelling units in an unsewered ama or 500 or more dwelling
units in a sewered area.
4.Construction of any new boat moorage facility designed to hold 150 or
more boats .
5 .Adoption or amendment of any comprehensive or land use ordinance which
establishes a new sone or changes existing zoning designations for 640
or more acres.
6.Òonstructionof facilities on a single site that are designed for,or capable
of,storing a total of one million or more gallons of any liquid fuel.
7.Any new or additional impoundment of water creating a water surface in
excess of 40 acres.
Section 3.That Section 3.23.120 of Chapter Number 3.23 be added to read as follows:
3.23.120 Environmental Impact Assessments Coritents.The following information shall be
contained in all Environmental Impact Assessments:
ENVIRONMENTAL IMPACT ASSESSMENT Date submitted.
1.Project Identification:(Legal and street address).
2 .Location:(Attach local map).
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3.Project Description:Use,size,value.(Attach site plan)
I 4.Does the project conform to the general plan?Does the project conform toexisting2oning?
5.Does the project require development permits or action by the City?What permits
are required from other public agencies ?Does an Environmental Impact Assess-ment have to be filed with any other agency ?
6.Does the project exceed thresholds which automatically require an EnvironmentalImpactStatement?
7.What alternatives to the project were considered in use,sites,design or size?
8 .What are the impacts of the environment on the project and the project on theenvironment?Address all the following areas which are applicable to your project.
A.Surface and subsurface
(1)Topography(2)Soils
(3)Geology
B.Hydrology
(1)Water courses and flood plains
(2)Water supplyi(3)Water quality
(4)Storm drainage(5)Sewage disposal
C.Natural features
(1)Climate(2)Vegetation
(3)Wildlife
D.Land Use and Urbanization
(1)On site uses(2)Surrounding area(3)Activity centers(4)Traffic circulation(5)Parking(6)Air quality(7)Noise
(8)Historial/Archeological
E.Energy sources
F.Aesthetics
I (1)View(2)Landscaping
G.Socio-economic
(1)Current surrounding residents(2).Population
(3)Housing(4)Employment opportunities(5)Racial and income balance
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H.Public Services
(1)Schools
(2)Parks and recreation(3)Public safety(4)Health and Social Services(5)Cultural activities(6)Shopping •
(7)Other
9.What is the reason for this project?Is it needed?What are the findings of your
market analysis ?
10.What impact will the project have on current and future growth trends of the City
of Moses Lake ?
11.Will the project set a precedent for developnient of the area ?
12.Is new or additîonal City infrastructure required?(e.g.,water lines,sewage
disposal lines,highways,public iacilities)
13.Will the project bring substantial changes in the character of the community?
14.Will the project displace families or businesses ori the site?
15.Will there be unusual conditions created during construction?
16.Is the project likely to be controversial?
17.Any additional information which may assist the Planning Commission in deter-
mining if the proposed project will have a substantial impact on the environment.
Section 4.That Section 3.23.130 of Chapter Number 3.23 he added to read as follows:
3.23.130 Environmental Impact Statements Contents.All Environmental Impact Statements
which are submitted to the City of Moses Lake shall contain comments on all questions and
areas set forth in the Section describing the contents mquired for Environmental Impact
Assessments.All questions in the Environmental Impact Statement shall be answered
comprehensively and with concise detail.All areas of a proposed project which could have
an adverse impact on the environment must be addressed with mitigating measures to lessen
or eliminate all such adverse affects .
Section 5.That Section 3.23.140 of Chapter Number 3.23 be added to read as follows:
3.23.140 Environmental impact review procedure.All proposed developments within the
City of Moses Lake shall conform to the following procedure:
1.Every developer should as his first step meet with the City Planner and determine
whether or not his proposed project in general conforms with Moses Lake's
Comprehensive Plan.
2'If the proposed project is found to be ingeneral conformance with the Comprehen-
sive Plan,a pre-application conference will be arranged with representatives from
the Fire Department,Police,Water and Sewer Division,Engineering,Parks and
Recreation,Building,Planning and the developer.
At this conference,and after careful review of the proposed project,City Staff
shall inform the developer that:
A..The project is catagorically exempt from the Environmental Impact Review
procedure by ordinance,and he may file for a building permit;or
B.The project is obviously catagorically prohibited at the site considered,
and therefore a new proposal shall be made;or.
C.The developer must file an Environmental Impact Assessment.
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3.The developer shan submit the Environmental Impact Assessment to the CityPlannerforreview.If the Environmental Impact Assessment is found to becomplete,copies of the assessment shall be distributed to City staff and theSoilGonservationService.When City staff have completed their review,theIassessmentwithallreviewcommentsshallbesubmittedtothePlanningCommission.If the Environmental Impact Assessment is found to be incompletebytheCityPlanner,it shall be returned to the developer who must revise and •
resubmit it within fifteen (15)days .
The Planning Commission shall,after its review of the Environmental Impact
Assessment and with the assistance of City Staff review comments,determinewhether:
A.The project has "no significant impact"and therefore requires noEnvironmentalImpactStatement.A Abgetive Declaration may be issued.
If no appeal is filed with the City Council within ten (10)days afterthisdecision,the developer can then apply for a building permit.
B.The project will have or may have,a significant impact on the environ-
ment and therefore requires an Environmental Impact Staiement.If noappealisfiledwiththeCityCouncilwithinten(10)days after thisdecision,the developer must proceed with the preparation of a draftEnvironmentalImpactStatement,or withdraw his application.
4.It shall be the responsibility of the developer to prepare or have prepared a draftEnvironmentalImpactStatement.This .statement must be prepared and submitted
to the City Planner within three (3)months after the developer is informed of thisrequirement.The developer shall submit thirty (30)copies of the Draft Environ-mental Statement to the City Planner.
I 5.The City Planner shall review the Draft Environmental Impact Statement and shalldetermineifeveryitemontheformathasbeencovered.(He shall not be con-cerned at this point with the statement's accuracy or validity).If the statementisincomplete,it shall be returned to the developer,who must revise it andresubmititwithinfifteen(15)days .
6.When the Draft Environmental Impact Statement is found to be complete by theCityPlanner,he shall distribute copies of it to those individuals and agencieswhomaybeaffectedbytheproposedprojectorwhocouldofferexpertopinions
on the statements accuracy and validity.A form shall be sent with all copiesoftheDraftEnvironmentalImpactStatementrequestingthatallreviewcommentsbereturnedtotheCityPlannerwithinthirty(30)days after receipt of thestatement.
7.After the thirty (30)day review period has been completed,all review commentsandtheDraftEnvironmentalImpactStatementshallbesubmittedtothePlanningCommissionbeforewhomapublichearingshallbescheduledtogetpublicreactiontothestatement.
8 .After the Public Hearing has been held,the Planning Commission shall instruct theCityPlannertoprepareaFinalEnvironmentalImpactStatementinwhichshallbeincorporatedallreviewcommentsandcommentsreceivedatthePublicHearing.
9.The Final Environmental Impact Assessment must then be submitted to the PlanningCommission,who will recommend to the City Council whether or not the Environ-I mental Statement should be approved.In reviewing the Final Environmental ImpactStatement,it should be noted that the Environmental Impact Statement is not,andshouldnotbe,the only factor weighed in making the final decision.At this stage,the entire project can be rejected.If the Environmental Impact Statement is acceptedtheCityCouncilmayapproveitassubmitted,or may impose conditions as statedintheEnvironmentalImpactStatementorbythePlanningCommissionandasallowedbythedevelopmentcontrolsofMosesLake.
10.The Environmental Impact Statement if accepted will then be sent to the WashingtonStateDepartmentofEcologyforfinalfiling.
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This Ordinance shall take effect and be in force five (5)days after its passage and publication.
PASSED by the City Council and APPROVEDby its Mayor this 25th day of November
1975 .
Gordon M.Ebbert,Mayor //
ATTEST:
R.R.nier,Cit lerk
APPROVED AS T ORM:
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