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794_00001ORDINANCENO.794 AN ORDINANCE REPEALING CHAPTER 3.23 OF THE MOSES LAKECITYCODEBYADOPTINGSYREFERENCECERTAINSECTIONSOFTHESTATEENVIRONMENTALPOLICYACTGUIDELINESANDAMEND-ING THE CITY OF MOSES LAKE ENVIRONMENTALPOLICY REGULA-TIONS ACCORDINGLY. I THE CITY COUNCIL OF THE CITY OF MOSESLAKE,WASHINGTON,DO ORDAINAS FOLLOWS: 3.23.105 The City of Moses Lake hereby adopts by reference the policies of the StateEnvironmentalPolicyActasexpressedinRCW43.211.010 and RCW43.211.020 and furtheradoptsbyreferencethefollowingsectionsorsubsectionsofchapter197-10 of theWashingtonAdministrativeCode(the SEPA Guidelines adopted by the State of Washington,Council on Environmental Policy). 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 Applicable 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 PublicConstruction-215:Lead Agency Designation--Private Projects for Which There is Only one Agency-220:Lead Agency Designation--Private Projects,Licenses From More than OneAgencyWhenOneisCity/County -225:Lead Agency Designation--Private Projects,License From More Than OneStateAgencyi-230:Lead Agency Designation--Specific Proposals-235:Local Agency Transfer of Lead Agency Status to a State Agency-240:Agreements as to Lead Agency Status-245:Agreements Between Agencias as to Division of Lead Agency Duties-260:Disputa as to Lead Agency Determination--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 EnvironmentalChecklist-330:Threshold Determination Procedures--Information in Addition to checklist-340:Threshold Determination Procedures--Negative Declaration-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--Applications 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 ProceduresI-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 kvailability of Draft EIS-455:Circulation of the Draft EIS--Review Period-460:Specific Agencias to which Draft EIS shall be sent-465:Agencies possessing Environmental Expertise-470:Costs to the Public for Reproduction of Environmental Documents-480:Public Hearing on a Proposal--When Required-485:Notice of Publie Hearing on Environmental Impact of the Proposal Page 2 -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:Responsibilities of Consulted Agencies--State Agencies with Jurisdiction -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 Consultation -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 Publication of the Final EIS -710:EIS Combined with Existing Planning and Review Processes -830:Responsibilities of Agencies--SEPA Public Information Center -835:Regional SEPA Public Information Centers -840:Application of Agency Guidelines to On-going Actions 3,23.110 ADDITIONAL DEFINITIONS.In addition to those definitions contained with WAC197-10-040,the following terms shall have the following meanings,unless the context indicates otherwise: 1."Department"means any division,subdivision or organisational unit of the city/county established by ordinance,rule,or order. 2."SEPA Guidelines"means chapter 197-10 WACadopted by the council on environ- mental policy. 3."Applicant"means the person,firm,corporation,or department proposing to change the existing environment in any way which could affect the physical, social,cultural,or economic environment. 3.23.115 CATEGORICAL EXEMPTIONS Governmental activities or approvals of activities of the types listed herein are determination,State Environmental Policy Act,EIS requirements of SEPA,and these guidelines. No presumption as to the significance of the impacts upon the environment shall be given to any proposed action merely because it was not exempted. 1.Minor new construction.The following types of construction shall be exempt except when undertaken wholly or in part on lands covered by water;the exemptions provided by this subsection apply to all governmental licenses required to under- take the construction in question,except rezones or any license governing emissions to the air or water: a.The construction of any residential structure of four dwelling units or less. b.The construction of a barn,loafing shed,farm equipment storage building, produce storage or packing structure,or similar agricultural structure, covering less than 10,000 square feet and to be used only by the property owner or his or her agent in the conduct of farming the property.This exemption shall not apply to feedlots. c.The construction of an office,school,commercial,recreational,service or storage building with less than 4,000 square feet of floor area,and with associated parking facilities designed for twenty automobiles or less. Page 3 d.The construction or designation of bus stops,loading zones,shelters,accessfacilitiesandpull-out lanes for taxicabs,transit and school vehicles. e.The construction and/or installation of commercial on-premise signs,andpublicsignsandsignals, f.The construction or installation of minor road and street improvements suchaspavementmarking,freeway surveillance and control systems,railroad protec-tive devices (not including grade separated crossings),grooving,glare screen,I safety barriers,energy attenuators,highway landscaping (including the applica-tion of Washington State Department of Agriculture approved herbicides bylicensedpersonnelforright-of-way weed control),temporary traffic controlsanddetours,correction of substandard curves and intersections within existingrights-of-way,channelisation and elimination of sight restrictions at inter-sections,street lighting,guardrail and barricade installation,installationofcatchbasinsandculverts,and reconstruction of existing road bed (existingcurbtocurbinurbanlocations),including minor widening of shoulders,addition of bicycle lanes,paths and facilities,and pedestrian walks andpaths,but not including additional automobile lanes, g.The installation of hydrological measuring devices,regardless of whether ornotonlandscoveredbywater. h.The installation of any property,boundary or survey marker,other than fences,regardless of whether or not on lands covered by water, i.The construction of a parking lot designed for twenty automobiles or less. 3.Any landfill or excavation of 500 cubic yards or less throughout the totallifetimeofthefillorexcavation;and any fill or excavation classified asaClassI,II,III and IV forest practice under Chapter 200,Laws of 1975,Ex.Sess.,or regulatîons promulgated thereunder,except those forest practicesdesignatedbytheforestpracticesboardasbeingsubjecttoSEPAavaluation,i k.The repair,maintenance or minor alteration of existing private or publicstructures,facilities or equipment,including utilities,involving no materialexpansionsorchangesinusebeyondthatpreviouslyexisting. 1.Grading,arcavating,filling,septic tank installation,and landscaping necessaryforanybuildingorfacilityexemptedbythissubsection,as well as fencingandtheconstructionofsmallstructuresandminorfacilitiesaccessorythereto, m.Additions or modifications to or replacement of any building or facilityexemptedbythissubsectionwhensuchaddition,modification or replacementwillnotchangethecharacterofthebuildingorfacilityinawaywhichwouldremoveitfromanexemptclass. n.The demolition of any structure or facility,the construction of which wouldbeexemptedbythissubsection,except for structures or facilities withrecognizedhistoricalsignificance. 2.Nater rights,The following appropriations of water shall be exempt,the exemptionscoveringnotonlythepermittoappropriatewater,but also any hydraulics permit,shoreline permit or building permit required for a normal diversion or intakestructure,well and pumphouse reasonably necessary to accomplish the exemptedappropriation,and including any activities relating to construction of a distribu-tion system solely for any exempted appropriation: I a.Appropriations of fifty cubic feet per second or less of surface water forirrigationpurposes,when done without a government subsidy, b.Appropriations of one cubic foot per second or less of surface water,or oftencubicfeetpersecondorlessofgroundwater,for any purpose. 3.Judicial activity.The following shall be exempt: a.All adjudicatory actions of the judicial branch. b.Any quasi-judicial action of any agency if such action consists of the reviewofaprioradministrativeorlegislativedecision.Decisions resulting fromcontestedcasesorotherhearingprocessesconductedpriortothefirstdeci-sion on a proposal,or upon any application for a resone,conditional usepermitorothersimilarpermitnototherwiseexemptedbythischapter,arenotexemptedbythissubsection. Page 4 4.Enforcement and inspections.The following enforcement and inspection activities shall be exempt: a.All actions,including administrative orders and penalties,undertaken to enforce a statute,regulation,ordinance,resolution or prior decision. No license shall be considered exempt by virtue of this subsection, b.All inspections conducted by an agency of either private or public property for any purpose, c.Fire department,police patrol and traffic law enforcement except where such involves any physical construction activity. d.Any action undertaken by an agency to abate a nuisance or to abate,remove or otherwise cure any hazard to public health or safety:PROVIDED,That no open burning shall be exempted under this subsection,nor shall the application of any pesticide or chemical.No license shall be considered exempt by virtue of this subsection;nor shall the adoption of any ordinance,regulation or resolution be considered exempt by virtue of this subsection, e.Any suspension or revocation of a license for any purpose. 5.Business and other regulatory licenses.The following business and other regulatory licenses are exempt: a.All licenses to undertake an occupation,trade or profession. b.All licenses required under electrical,fire,plumbing,heating and safety codes,but not including building permits, c.Licenses to operate amusement devices and entertainment carnivals,circuses and other traveling shows,dances,music machines and theaters,including approval of use of public facilities for temporary civic celebrations,but not including licenses required for permanent construction of any of the above. d.Licenses for solicitation or door to door sales,private security and detectiv- services,and taxicabs and other vehic1ës for hire:PROVIDED,That regulation of common carriers by the utilities and transportation commission shall not be considered exempt under this subsection. e.Licenses for close-out sales, f.Licenses for food or drink services,sales and distribution. g.Licenses for the sale or display of fireworks. h.Animal control licenses 1.The renewal or reissuance of a license regulating any present activitiy or structure that was either exempted under this chapter,or the subject of a declaration of non-significance or an EIS,so long as no material changes have occurred since the determination of exemption,or completion of the prior declaration or EIS. 6.Activities of the legislature.All actions of the state legislature are hereby exempted:PROVIDED,That this subsection shall not be construed to exempt the proposing of legislation by any agency. 7.Activities of agencies.The following administrative,fiscal and personnel activi ties of agencies shall be exempt: a.The procurement and distribution of general supplies,equipment and services previously authorized,or necessitated by previously approved functions or programs, b.The assessment and tollection of taxes, c.The adoption of all budgets and agency requests for appropriation:PROVIDED, That if such adoption includes a final agency decision to undertake a major action,that portion of the budget is not exempted by this subsection. Page 5 d.The borrowing of funds,issuance of bonds,or applying for a grant and relatedfinancingagreementsandapprovals, e.The review and payment of vouchers and claims. f.The establishment and collection of liens and service billings, g.All personnel actions,including hiring,terminations,appointments,promotions,allocations of positions,and expansions or reductions in force.I h.All agency organization,reorganization,internal operational planning orcoordinationofplansorfunctions. i.Adoptions or approvals of utility,transportation and solid waste disposalrates. 8.Review and comment actions.Any activity where one agency reviews or commentsupontheactionsofanotheragencyoranotherdepartmentwithinanagencyshallbeexempt. 9.Purchase or sale of real property.The following real property transactions byanagencyshallbeeKempt: a.The purchase or acquisition of any right to real property by an agency, b.The sale,transfer or exchange of any publicly owned real property by an agencytoorwithaprivateindividualorgovernmentalentity,but only if the propertyisnotsubjecttoanauthorizedpublicuse, c.The lease of real property by an agency to a private individual or entity,or to an agency or federal agency,only when the use of the property for thetermoftheleasewillremainessentiallythesameastheexistinguse,orwhentheuseundertheleaseisotherwiseexemptedbythischapter. I 10.Minor land use decisions.The following land use decisions shall be exempt: a.Except upon lands covered by water,the approval of short plats or shortsubdivisionspursuanttotheproceduresrequiredbyRCW58.17.060,but notincludingfurthershortsubdivisionorshortplattingwithinaplatorsubdivisionpreviouslyexemptedunderthissubsection, b.Granting of variances based on special circumstances,not including economichardship,applicable to the subject property,such as size,slope,topography,location or surroundings and not resulting in any change in land use or density. c.Classification of land for current use taxation pursuant to Chapter 84.34,RCW,and classification and grading of forest land under Chapter 84.33,RCW. 11.Procedural actions.The proposal or adoption of legislation,rules,regulations,resolutions or ordinances,or of any plan or program relating solely to governmentalprocedures,and containing no substantive standards respecting use or modificationoftheenvironmentshallbeexempt. 12.Acceptance of filinns.The acceptance by an agency of any document or thing requiredorauthorizedbylawtobefiledwiththeagencyandforwhichtheagencyhasnodiscretionaryprowertorefuseacceptanceshallbeexempt.No license shall beconsideredexemptbyvirtueofthissubsection, I 13.Variances under Clean Air Act.The granting of variances pursuant to RCW70.94.181extendingapplicableairpollutioncontrolrequirementsforoneyearorlessshallbeexempt. 14.Burning permits.The issuance,revocation or suspension of permits for openburningshallbeexempt.The adoption of plans,programs,objectivas or regulationsbyanyagencyincorporatinggeneralstandardsrespectingtheissuanceofburningpermitsshallnotbeexempt. Page 6 15.Water quality certifications.The granting or denial of water quality certifications pursuant to the Federal Water Pollution Control Act Amendments of 1972 (33 Usc g 1341) shall be exempt. 16.Financial assistance grants.The approval of grants or loans by one agency to another shall be exempt,although an agency may at its option require compliance with SEPA prior to making a grant or loan for design or construction of a project. 17.Information collection and research.Proposals for basic data collection,research, resource evaluation and the conceptual planning or proposed actions shall be exempt.These may be for strictly information-gathering purposes,or as part of a study leading to a proposal which has not yet been approved,adopted or funded. This exemption does not include any agency action which commits the agency to proceed with the proposal. 18.Utilities,The utility-related actions listed below shall be exempt:PROVIDED, That installation,construction or alteration on lands covered by water shall not be exempt for actions listed below.The exemption includes installation and construction,relocation when required by other governmental bodies,together with repair,replacement,maintenance,operation or alteration by an agency or private entity which does not change the action from an exempt class. a.All communications lines,including cable TV,but not including microwave towers or relay stations. b.All storm water,water and sewer facilities,lines,equipment,hookups or appurtenances, c.All electric facilities,lines,equipment or appurtenances,not including substations,with an associated voltage of 55,000 volts or less;and the overbuilding of existing distribution lines (55,000 volts or less)with transmission lines (more than 55,000 volts);and the undergrounding of all electric facilities,lines,equipment or appurtenances. d.All natural gas distribution (as opposed to transmission)lines and necessary appurtenant facilities and hookups, e.All developments within the confines of any existing electric substation, reservoir,pump station or well:PROVIDED,That additional appropriations of water are not exempted by this subsection. f.Periodic use of chemical or mechanical means to maintain a utility or highway right-of-way in its design condition:PROVIDED,That chemicals used are approved by the Washington State Department of Agriculture and applied by licensed personnel. g.All grants of franchises by agencies to utilities, h.All disposals of rights-of-way by utilities. i.All grants of rights-of-way by agencies to utilities for use for distribution (as opposed to transmission)purposes. 19.Natural resources management.In addition to the other exemptions contained in this section,the following natural resources management activities shall be exempt: a.All class I,II,III and IV forest practices as defined by Chapter 200,Laws of 1975,Ex.Sess.,or regulations promulgated thereunder,except those forest practices designated by the forest practices board as being subject to SEPA evaluation, b.Issuance of new grazing leases covering a section of land or less;and issuance of all grazing leases for land which had been subject to a grazing lease within the previous ten years. c.Licenses or approvals to remove firewood. Page 7 d.Issurance of agricultural leases covering one hundred sixty contigous acresorless. e.Issuance of leases for Christmas tree harvesting or brush picking. f.Issuance of leases for school sites, g.Issuance of leases for,and placement of,mooring buoys designed to servepleasurecraft. I h.Development of recreational sites not specifically designed for a11-terrainvehiclesandnotincludingmorethantwelvecampsites. i.Periodic use of chemical or mechanical means to maintain public park andrecreationalland:PROVIDED,That chemicals used are approved by the WashingtonStateDepartmentofAgricultureandappliedbylicensedpersonnel. j.Issurance of rights-of-way,easements and use permits to use existing publicroadsinnonresidentialareas. 20.Local improvement districts.The formation of local improvement districts,unlesssuchformationconstitutesafinalagencydecisiontoundertakeconstructionofastructureorfacilitynotexemptedunderWAc197-10-170 and -180. 21.Non-actions.Proposals for activities which are not "actions"as define in WAC197-10-040(2)are not subject to the threshold determination and EIS requirementsofthischapter. 3.23.120 USE OF EXEMPTIONS. 1.The applicability of the exemptions shall be determined by each department withintheCityofMosesLakewhichreceivesanapplicationforalicense,or in thecaseofgovernmentalproposals,by that department initiating the proposal.Adeterminationbyanysuchdepartmentthataproposalisexemptshallbefinaliandnotsubjecttoadministrativereview. 2.If a proposal includes a series of actions,physically or functionally relatedtoeachother,some of which are exempt and some of which are not,the proposalisnotexempt. 3.If the proposal includes a series of exempt actions which are physically orfunctionallyrelatedtoeachother,but which together may have a significantenvironmentalimpact,the proposal is not exempt. 4.If it is determined that a proposal is exempt,none of the procedural requirementsoftheseguidelinesapplytotheproposal.No environmental checklist shall berequiredforanexemptproposal. 5.A department which is determing whether or not a proposal is exempt shallascertainthetotalscopeoftheproposalandthegovernmentallicenses required.If a proposal includes a series of actions,physically or functionally relatedtoeachother,some of which are exempt and some of which are not,the proposalisnotexempt.For any such proposal,the lead agency shall he determined,even if the license application which triggers the department's considerationisotherwiseexempt.If the lead agency is the City of Moses Lake,then theresponsibleofficialshallbedesignated. 6.If a proposal includes both exempt and non-exempt actions,exempt actions mayIbeauthorizedwithrespecttotheproposalpriortocompliancewithproceduralrequirementsoftheseguidelinessubjecttothefollowinglimitations: a.No major action (non-exempt action)shall be authorized; b.No action shall be authorized which will irrevocably commit the city/county to approve or authorize a major action; c.A department may withhold approval of an exempt action which would leadtomodificationofthephysicalenvironment,when such modifications wouldservenopurposeiflaterapprovalofamajoractionisnotsecured;and d.A department may withhold approval of exempt actions which would leadtosubstantialfinancialexpendituresbyaprivateapplicantwhichwouldservenopurposeiflaterapprovalofamajoractionisnotsecured. Page 8 3.23.125 LEAD AGENCYDETERMINATION AND RESPONSIBILITIES. l.Any department with the City of Moses Lake receiving or initiating a proposal any portion of which involves a major action,shall determine the lead agency for that proposal pursuant to the criteria set forth in section WAC197-10-205 through -270,using the procedures of WAC197-10-203.This determination shall be made for each proposal involving a major action unless the lead agency has been previously determined,or the department is aware that another department or agency is in the process of .determining the lead agency. NO_TE:A lead agency must be an agency with jurisdiction. 2.In those instances in which the City of Moses Lake is the lead agency,the responsible official of the City of Moses Lake shall supervise compliance with the threshold determination,and if an EIS is necessary,shall supervise preparation of the draft and final EIS. 3.In those instances in which the City of Moses Lake is not the lead agency under the criteria of WAC197-10-205 through -270,all department of the City of Moses Lake,subject to the limitations of WAC197-10-390,-660,and -690 shall utilize and consider as appropriate either the declaration of nonsignificance or the final EIS of the lead agency in conjunction with the decisions of the City of Moses Lake on the proposal.In such instances,no City of Moses Lake department shall prepare or require preparation of a declaration of nonsignif- cance or EIS in addition to that prepared by the lead agency. 4.In the avant that the City of Moses Lake 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 WAC197-10-205 through -245 it may object thereto.Any such objection must be made and resolved within fifteen (15) days of receipt of the determination,or the City of Moses Lake must petition CEP for a lead agency determination pursuant to WAC197-10-260 within the fifteen (15)day time period.Any such petition on behalf of the City of Moses Lake shall be initiated by the City Planner. 5.Departments of the City of Moses Lake are authorized to make agreements as to lead agency status pursuant to WAC197-10-240 and WAC197-10-245:PROVIDED, That any such agreement involving assumption of lead agency status by the city of Moses Lake will first be approved by the responsible official for the City of Moses Lake and that any departments which will incur responsibilities as a result of any such agreement will approve the agreement. 6.Any department making a lead agency determination for a private project shall require sufficient information from the applicant to ascertain which other agencies have jurisdiction over the proposal. 3.23.130 ENVIRONMENTALCHECKLIST. 1.Except as provided in WAC197-10-300(2),a completed environmental checklist, or a copy thereož,substantially in the form provided in WAC197-10-365 shall be filed at the same time as an application for a permit,license,certificate, or other entitlement for use not specifically exempted herein.This checklist shall be the basis for a determination by the City of Moses Lake as to lead agency,status and if the city of Moses Lake is determined to be the lead agency,then for the threshold determination. 2.For all proposals for which the City of Moses Lake is the lead agency,the responsible official of the City of Moses Lake shall make the threshold determination pursuant to the criteria and procedures of WAC197-10-300 through 365. 3.23.135 PREPARATION OF EIS. 1.The Draft and Final EIS shall be prepared either by the applicant or a consultant retained by the applicant.The applicant shall be so notified immediately after completion of the threshold determination.In certain cases the responsible official may require that the Draft and/or Final EIS be prepared by himself of his designee. Page 9 2.In the event that an EIS is to be prepared by a private applicant or a consul-tant retained by the private applicant,the responsible official shall assurethattheEISispreparedinaresponsiblemannerandwithappropriatemethod-ology.The responsible official shall direct the areas of research andexaminationtobeundertaken,as well as the organization of the resultingdocument. 3.In the event that the responsible official or his designee is preparing anEIS,the responsible official may require a private applicant to provideidataandinformationwhichisnotinthepossessionoftheCityofMoses LakerelevanttoanyorallareastobecoveredbytheEIS. 4.No matter who participates in the preparation of an EIS,it must be approvedbytheresponsibleofficialpriortodistribution. 5.In all occasions of EIS preparation the applicant is encouraged to provideinformationtotheresponsibleofficial. 3.23.140 ADDITIONAL ELEMENTSTO BE COVEREDIN AN EIS.The following additionalelementsarepartoftheenvironmentandmayberequiredintheEIScontent,but donotaddtothecriteriaforthresholddeterminationsorperformanyotherfunctionorpurposeundertheserules: 1.Economy 2.Cultural factors 3.Sociological factors 3.23.145 DESIGNATION OF RESPONSIBLE OFFICIAL. 1.For those proposals for which the City of Moses Lake is the lead agency,theresponsibleofficialshallbetheMosesLakePlanningCommission, i 2.The responsible official shall make the threshold determination.The PlanningCommissionAdministratorshallsupervisethepreparationofanyrequiredEIS,and perform any other functions assigned to the "leadagency"or "respon-sible official"by those sections of the SEPA Guidelines which were adoptedbyreferenceinSection3.23.105 hereof,for all proposals for which theCityofMosesLakeistheleadagency. 3.23.150 SEPA PUBLIC INFORMATION CENTER. 1.The following location constitutes the City of Moses Lake's SEPA publicinformationcenter: City of Moses Lake Community Development Department Moses Lake,WA 98837 2.All reasonable means will be used to make the existence and location of theCityofMosesLake's SEPA public information center known to both the publicgenerallyandtheemployeesoftheCityofMosesLake. 3.The SEPA public information center shall contain the documents and providetheservicesrequiredbyWAC197-10-830.I 3.23.155 FEES.The following fees shall be required for actions by the City of MosesLakeinaccordancewiththeprovisionsofthisordinance: 1.Threshold Determination--For every environmental checklist to be reviewedbytheCityofMosesLakewhentheCityofMosesLakeistheleadagencyafee,corresponding to the following fee schedule shall be required of theapplicant.This fee shall be collected prior to undertaking the thresholddetermination,and the time periods provided by this ordinance for makingathresholddeterminationshallnotbegintorununtilpaymentofthefee. Page 10 Fee Schedule: $25 -if the project involves construction of an office,school,or commer- cial,recreational,service,or storage building with between four thousand (4,000)square feet and twenty thousand (20,000)square feet of floor area and which has an associated parking area designed for fifty (50)cars or less.This fee catagory shall apply to all projects similar to the above description as determined by the City Planner. $25 -if the project involves construction of a residential development containing between four (4)and thirty (30)living units. $50 -if the project exceeds the above limitations. 2.Environmental Impact Statements-- a.For all proposals requiring an EIS for which the City of Moses Lake is the lead agency and for which the responsible official determines that the EIS shall be prepared by employees of the City of Moses Lake,the City of Moses Lake may charge and collect a reasonable fee from any applicant to cover costs incurred by the City of Moses Lake in the preparation of an EIS.If it is determined that an EIS is required, applicants shall be advised of projected costs of the statement prior to actual preparation and shall post bond or otherwise insure payment of such costs. b.The responsible official may determine that the City of Moses Lake will contract directly with a consultant for preparation of environmental documents for activities initiated by some persons or entity other than the City of Moses Lake and may bill such costs and expenses directly to the applicant after a call for proposals.Applicants may be required to post bond or otherwise insure payment of such costs. c.In the event that a proposal is modified so that an EIS is no longer required,the responsible official shall refund any coste collected under a and b of this subsection which were collected for costs not incurred. 3.No fee shall be collected by the City of Moses Lake for performing its duties as a consulted agency. 4.The City of Moses Lake may charge any person for copies of any document prepared pursuant to the requirements of this ordinance,and for mailing thereof,in a männer provided by chapter 42.17,RCW. 3.23.160 ENVIRONMENTALIMPACT REVIEWPROCEDURE.All proposed developments within the City of Moses Lake shall conform to the following procedure: 1.Every applicant 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 Flan. 2.If the proposed project is found to be in general conformance with the Compre- hensive Plan,a pre-application conference will be arranged with representatives from all City Department affected by the proposed project. At this conference,and after careful review of the proposed project,city Staff shall inform the applicant that: a.The project is catagorically exempt from the Environmental Impact Review procedure by ordinance.The applicant can now be issued all required permits. b.The project is obviously catagorically prohibited at the site considered, and,therefore,a new proposal should be made;or c,The applicant must complete an Environmental Checklist. Fage 11 3.The applicant shall submit the completed Environmental Checklist to the CityPlannerwhoshalldistributeittoallaffectedCityDepartmentsandothergovernmentalagencies.Each department or governmental agency will be giventen(10)days to review and comment on the Environmental Checklist.TheChecklistandallreviewcommentsshallbepresentedtothePlanningCommission. The Planning Commission shall,after its review of the Environmental Checklistandreviewcomments,make a threshold determination within twenty-one (21)days from the date the Checklist is received.The Planning Commission shallideterminewhether: a.The project has "nosignificant impact"and therefore requires no Environ-mental Impact Statement.A Negative Declaration may be issued.If noappealisfiledwiththeCityCouncilwithinfifteen(15)days afterthisdecision,the applicant can then apply for a building permit. b.The project will have or may have,a significant impact on the environmentandthereforerequiresanEnvironmentalImpactStatement.If no appealisfiledwiththeCityCouncilwithinfifteen(15)days after this decision,the applicant or City Staff,as directed by the Planning Commission,must proceed with the preparation of a Draft Environmental Impact Statement. 4.It shall be the responsibility of the applicant to prepara or have preparedorforthePlanningCommissiontoinstructCityStafftohavepreparedaDraftEnvironmentalImpactStatement.The applicant shall submit thirty(30)copies of the Draft Environmental Statement to the City Planner. 5.The City Planner shall review the Draft Environmental Impact Statement andshalldetermineifeveryitemontheformathasbeencovered.(He shallnotbeconcernedatthispointwiththestatement's accuracy or validity.) 6.When the Draft Environmental Impact Statement is received it shall be listedintheEISAvailableRegisterbytheCityPlanner.He shall distribute copiesofittothoseindividualsandagencieswhomaybeaffectedbytheproposediprojectorwhocouldofferexpertopinionsonthestatementsaccuracyandvalidity.A form shall be sent with all copies of the Draft EnvironmentalImpactStatementrequestingthatallreviewcommentsbereturnedtothe CityPlannerwithinthirty-five (35)days after the Draft EIS is listed in theEISAvailableRegister.A fifteen (15)day extension for review may begrantedtoreviewingagenciesupontheirrequest. 7.After the review period has been completed all review comments and the DraftEnvironmentalImpactStatementshallbesubmittedtothePlanningCommissionbeforewhomaPublicHearingshallbescheduledtogetpublicreactiontotheStatement.The Public Hearing shall be held within fifty-one (51)daysandnotearlierthanfifteen(15)days from the date the Draft EIS is listedintheAvailableRegister. 8.After the Public Hearing has been held,the Planning Commission shall instructtheapplicanttopresentsolutionswhichwouldmitigateallpossiblesignificantimpactsontheenvironment,if any such significant impacts are determinedafterthePlanningCommission's review of the Draft EIS.These mitigatingmeasuresshallbeincorporatedalongwithallreviewcommentsandcommentsreceivedatthePublicHearingintotheFinalEnvironmentalImpactStatementwhichshallbecompletedwithinseventy-five (75)days from the date theDraftEISislistedintheEISAvailableRegister. 9.The Final Environmental Impact Statement shall then be submitted to theiPlanningCommission,who will recommend to the City Council whether or nottheEnvironmentalStatementshouldbeapproved.In reviewing the FinalEnvironmentalImpactStatement,it should be noted that the EnvironmentalImpactStatementisnot,and should not be,the only factor weighed in makingthefinaldecision.At this stage,the entire project can be rejected.IftheEnvironmentalLapactStatementisacceptedtheCityCouncilmayapproveitassubmitted,or may impose conditions as stated in the EnvironmentalImpactStatementorbythePlanningCommissionandasallowedbythedevelop-ment controls of Moses Lake. Page 12 10.The Final Environmental Impact Statement,if approved by the City Council, shall be forwarded to the Department of Ecology.No action shall be taken by an applicant until seven (7)days after listing the Final EIS in the EIS Available Register.After this seven (7).day period all required permits can be issued. 3.23.165 SEVERABILITY.If any provision of this ordinance or its application to any person or circumstance is held invalid,the remainder of this ordinance,or the application of the provision to other persons or circumstances,shall not be affected. PASSED by the City Council of the City of Moses Lake and APPROVEDby its Mayor this 23rd day of November ,1976, Jim Barney ,Mayó ro Tem ATTEST: R.C.Bierma,City Clerk APPROVED AS TO FORM: Patrick R.Acres,C Ay ttorney I