889_00001ORDINANCE NO.889
AN ORDINANCE AMENDING SECTION 14.04.120 OF CKAPTER 14 ENTITLEDENVIRONMENTALREGULATIONSOFTHEMOSESLAKEMUNICIPALCODE
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON,DO ORDAIN AS FOLLOWS:
Section 1.That section 14.04.120 of Chapter 14 entitled Environmental Regulations
shall be amended to read as follows:I 14.04.120 Environmental Impact Review Procedure:All proposed developments within
the city shall conform to the following procedure:
A.Every applicant should,as his first step,meet with the city planner and deter-mine whether or not his proposed project in general conforms with the city'scomprehensiveplan.
B.If the proposed project is found to be in general conformance with the comprehen-sive plan,a pre-application conference will be arranged with representativesfromallcitydepartmentsaffectedbytheproposedproject.
At this conference,and after careful review of the proposed project,city staffshallinformtheapplicantthat:
1.The project is categorically exempt from the environmental impact review
procedure by ordinance.
2.The proŠect is obviously categorically prohibited at the site considered,
and therefore,a new proposal should be made.
3.The applicant must complete an environmental checklist.
C.The applicant shall submit the completed enviromnental checklist to the city
planner who shall distribute it to all affected city departments and otherigovernmentalagencies.Each department or governmental agency will be giventendaystoreviewandcommentontheenvironmentalchecklist.The checklist
and all review comments shall be presented to the Planning C maission.
The Planning Commission shall,after its review of the environmental checklistandreviewcomments,make a threshold determination within twenty-one days fromthedatethechecklistisreceived.The Planning Commission shall determine
whether:
1.The project has no significant impact and therefore requires no environmentalimpactstatement.A negative declaration may be issued.
2.The project will have or may have,a significant impact on the environmentandthereforerequiresanenvironmentalimpactstatement.
D.The responsible official shall include in every decision or report on proposalsforlegislation,and other major actions significantly affecting the qualityoftheenvironemnt,a detailed statement on:
1.The environmental impact of the proposed action.
2.Any adverse environmental effects which cannot be avoided should the proposalbeimplemented,
i 3.Alternatives to the proposed &ction.
4.The relationship between local short-term uses of man's environment andthemaintenanceandenhancementoflong-term productivity.
5.Any irreversible and irretrievable commitments of resources which wouldbeinvolvedintheproposedactionshoulditbeimplemented.
E.Notice of any action taken by the City of Moses Lake shall be publicised in
the form set forth and in the following manner:
1.By publishing notice on the same day of each week for two consecutive weeks
in a legal newspaper of general circulation.
2.By filing notice of such action with the Department of Ecology at its main
offfice in Olympia prior to the date of the last newspaper publication.
3.Except for those actions which are of a non-project nature,by one of the
following methods which shall be accomplished prior to the date of the last
newspaper publication:
a.Mailing to the latest recorded property owners,as shown by the records
of the county Treasurer,who share a common boundary line with property
upon which the project is proposed,through the United States mail,
first class,postage prepaid.
b.Posting of the notice in a conspicuous manner on the property upon which
the project is to be constructed.
4.Any action to challenge a city decision based upon any provisions of this
chapter shall be commenced within thirty (30)days from the date of the
last newspaper publication except for projects to be performed by a govern-
mental agency or to be performed under governmental contract,which shall
be challenged within ninety (90)days from the date of the last newspaper
publication or be barred.
F.It shall be the responsiblity of the applicant to prepare or have prepared or
for the Planning Commission to instruct city staff to have prepared a draft
environmental impact statement.The applicant shall submit thirty copies of
the draft environmental statement to the City Planner.
G.The City Planner shall review the draft environmental impact statement and shall
determine if every item on the format has been covered.(He shall not be con-
cerned at this point with the statement's accuracy or validity.)
H.When the draft environmental impact statement is received it shall be listed in
the EIS available register by the City Planner.He shall distribute copies of
it to those individuals and agencies who may be affected by the proposed project
or who could offer expert opinions on the statments accuracy and validity.A
form shall be sent with all copies of the draft environmental impact statement
requesting that all review comments be returned to the City Planner within thirty-
five days after the draft EIS is listed in the EIS available register.A fifteen-
day extension for revieW may be granted to reviewing agencies upon their request.
I.After the review period has been completed all review comments and the draft
environmental impact statement shall be submitted to the Planning Commission
before whom a public hearing shall be scheduled to get public reaction to the
statement.The public hearing shall be held within fifty-one days and not earlier
than fifteen days from the date the draft EIS is listed in the available register.
J.After the public hearing has been held,the Planning Commission shall instruct the
applicant to present solutions which would mitigate all possible significant
impacts on the environment,if any such significant impacts are determined after
the Planning Commission's review of the draft EIS.These mitigating measures
shall be incorporated along with all review comments and comments received at
the public hearing into the final environmental impact statement which shall be
completed within seventy-five days from the date the draft EIS is listed in the
EIS available register.
K.The final environmental impact statement shall then be submitted to the Planning
Commission,who will recommend to the City Council whether or not the environ-
mental statment should be approved.In reviewing the final environmental impact
statement,it should be noted that the environmental impact statement is not,
and should not be,the only factor weighted in making the final decision.At
this stage,the entire project can be rejected.If the environmental impact
statement is accepted,the City Council may approve it as submitted,or may
impose conditions as stated in the environmental impact statement or by the
Planning Commission and as allowed by the development controls of the city.
Ordinance No.889
L.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 appli-
cant until seven days after listing the final EIS in the EIS available register.
After this seven-day period all required permits can be issued.
Section 2.Effective Date This ordinance shall take affect and be in force five
(5)days after its passage and publication as provided by law.
PASSED by the City Council of the City of Moses Lake,Washingotn,and APPROVED byitsMayorthisPD†h day of .lune
"Mayor
APP RM
City Attorney
Ill
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