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HomeMy WebLinkAboutOrd 0759 - Environmental Impact Statements (Repealed by Ord 986) CITY QF TUK WILA WASHINGTON REPEALED BY 44 93( O RDINANCE NO. 759 AN ORDINANCE RELATING TO ENVIRONMENTAL IMPACT STATEMENTS, ESTABLISHING WHEN THEY ARE RE- QUIRED AND PROVIDING FOR REVIEW OF STATEMENTS DEEMED INSUFFICIENT AND REPEALING ORDINANCE NO. 751. WHEREAS, The Environmental Policy Acts of the United States of America and of the State of Washington require the filing of environmental impact statements in connection with the development of certain properties, NOW, THEREFORE, The City Council of the City of Tukwila, Washington, do ordain as follows: Section 1. The Planning Coordinator shall require the preparation of an Environmental Impact Statement in the case of every proposed action determined by him to be an action that will significantly affect the quality of the environment. The follow- ing actions require a determination of environmental significance on the basis of an Impact Assessment Summary submitted by the applicant. When such actions are major and significantly affect the quality of the environment, they require the preparation of an environmental impact statement: (a) actions taken by the City which result in permits, licenses, leases and other entitlements for use for projects and activities undertaken by private persons and governmental bodies, including shore- line management permits, grading permits, building permits, sewer and water permits, conditional use permits, variances, rezones and plats; (b) actions which result in substantial increases in the existing level of air, water or noise pollution in the vicinity of the subject project or activity; (c) actions which result in the potential destruction of natural resources such as lakes, rivers, streams, floodplains, marine water, and other shorelines; (d) actions which have a substantial adverse effect on wildlife habitats, fish and wildlife, unique vegetation; -1- (e) actions which have a substantial effect upon the type of land use, population distribution or con- centration and public services in the vidinity of the subject property or activity; (f) actions which directly or indirectly cause the relocation of a sizable number of persons; (g) actions which are materially incompatible with the City,'s Comprehensive Plan or Zoning Code or result in a substantial change in some part of the Comprehensive Plan or Zoning Code. (h) actions which cause substantial harm to a public park or other recognized area of public recreation or to an important historical or cultural resource; (i) actions which present a potential and serious threat to the health or safety of the general public; (j) actions which have an important or meaningful effect, direct or indirect, upon a broad range of aspects of the environment; (k) actions which are of an industrial nature as that term is commonly used, including a change in use from a non industrial to an industrial use within an existing structure; (1) actions which will result in the storage or handling of toxic or flammable materials; (m) actions which may result in the rezoning of prop- erty from a residential classification to another classification that could allow uses that may have significant adverse environmental effects, including but not limited to, excavating, filling or grading of existing soil or removal of exist- ing or natural vegetation. Section 2. In determining whether a proposed action will significantly affect the quality of the environment, the following considerations should be taken into account, and attention to these considerations must be included in the impact assessment summary: (a) The overall, cumulative impact of the action proposed and of further actions contemplated; (b) the importance of the action in terms of precedent for action in much larger cases or for other similar actions individually limited but cumu- latively significant; (c) the potential conflicts of the action with recognized national, state, regional or local plans or policies; (d) the likelihood that the environmental impact of the action will be highly controversial among reasonably well- informed persons; (e) the possibility of alternatives to the action that would have less adverse environmental impact. -2- Section 3. The following points are to be covered in the environmental impact statements required by this Ordinance: (a) The proposed action: The statement shall contain a description of the proposed action or actions including, in the case of specific projects, the name of the project and its location, a descrip- tion of the project's physical characteristics, the objectives of the project, the cost and timing of the project, and the primary govern- mental approvals needed to carry out the project. When relevant, maps and other graphic descrip- tions should be provided. (b) Existing conditions: The statement shall contain a description of the conditbns and features of the existing setting for the project. The de- scription shall include the natural and manmade elements of the area, with emphasis on the un- usual aspects of the area. Legal, policy and institutional constraints relevant to the project area should be identified. (c) Environmental impact: The statement shall contain an analysis of the reasonably foreseeable bene- ficial and adverse impacts of the proposed action on the environment. The analysis should include both direct and secondary significant consequences on the natural features of the area, on the various life forms, and on the human uses of the area. Both quantitative and qualitative information should be included. (d) Any unavoidable adverse environmental effects: The statement shall include a restatement of any probable adverse environmental effects which can- not be reduced in severity or which can be reduced in severity but not eliminated. Measures which would have a mkigating influence on the adverse effects of the proposed action should be de- scribed, along with an explanation of the measures' effectiveness and the likelihood of their being implemented. (e) Alternatives to the proposed action: The statement shall include a description of appropriate and rea- sonable alternatives to the proposed action. The kinds of alternatives described should include, where relevant, (1) alternatives requiring actions of a significantly different nature which provide similar benefits with different environmental impacts, and (2) alternatives related to different designs or details of the proposed action, which would present different environmental impacts. (f) Relationship between local short -term use of man's environment and the maintenance and enhancement of long -term productivity: The statement shall include a description of the cumulative and long -term effects of the proposed action which narrow the range of future beneficial uses of the environment or pose long -term risks to health or safety. In this section the economic and technical benefits of the proposed action are assessed and weighed against the environmental costs. -3- (g) Anv irreversible and irretrievable commitments of resources: The statement shall include a description of the kind and quantity of resources permanently committed as a result of the proposed action. (h) Comments of public agencies and public studies and reports: The final impact statement shall include copies of the comments and views of the appropriate federal, state and local agencies which have reviewed the proposed action with respect to the environmental impact involved. Where appropriate, the statement shall also include a description of the problems and ob- jections raised by private organizations and individuals in the review of the proposed action or in the review of the impact assessment summary. This section of the statement should include a description of the public expression and partici- pation in the planning of the proposed action. In either this section or the other relevant sections of the statement, the major studies, reports and other documents used in the prepara- tion of the statement should be cited. Section 4. The cost of preparation of any Environmental Impact Statement shall be borne by the applicant and /or developer. Section 5. All Environmental Impact Statements shall be prepared by a qualified individual, consulting form or laboratory acceptable to the City. Section 6. If in the opinion of the City the Environ- mental Impact Statement is found to be insufficient or inaccurate, the applicant and /or developer shall assume the cost of a review by a separate, impartial consulting firm or agency, failure of the applicant to comply with the requirements of this ordinance shall constitute sufficient grounds for withholding all building permits and licenses for the subject property. Section 7. If upon review of the environmental impact statement and /or impact assessment summary the City determines that further guarantee of environmental protection and proper development or operation is required the City may require a development, maintenance and operation agreement in the form of restrictive covenants running with the land and /or a performance bond in the amount of 150% of the estimated cost of development. Section 8. Any proposed action which is major and significantly affects the quality of the environment and has therefore required the preparation of an environmental impact -4- statement may also be subject to architectural review by the City's Board of Architectural Review. In the event that review by the B.A.R. is determined to be appropriate, it shall be the duty of the B.A.R. to protect and preserve the natural beauty and character existent in and inherent to the subject property and peripheral properties, in addition to other provisions of this ordinance and applicable federal and state laws. All applications for building permits in connection with a project for which an environmental impact statement has been required, may also be required to have plans, site plans, elevations and landscaping plans submitted to the Board of Architectural Review for architectural control review. Upon filing of such application the Board shall review the proposed action and either give its approval or recommend changes or alterations to the proposal. If the board gives written approval thereto, a building permit shall be issued by the appropriate city official providing all other requirements of the Building Code and ordinances of theCCity have been complied with. If the Board presents a written report, thereon recommending changes in the esterior architectural design, landscaping, tree, shrub planting, and /or site improvements which the said applicant refuses to make, comply with or accept after conference, no building permit shall be issued. However the applicant shall have the right of appeal to the city council and a hearing shall be held thereon, after which the council may order issuance of a building permit, or it may withhold issuance of same if not satisfied that the proposed plans are in keeping with the spirit of good development which will have the minimum adverse impact upon the quality of the environment. The notice, if any, of the public hearing on the report of the Board of Architectural Review, and the application for architectural control review shall be in the time, form, and manner directed bythe city council. Section 9 All environmental impact statements required by this ordinance shall be prepared in accordance with the Washington State Department of Ecology's "Guidelines for Implementation of the State Environmental Policy Act of 1971 -5- Section 10. Ordinance No. 751 is hereby repealed in its entirety. PASSED BY THE CITY COUNCIL And approved by the Mayor at a regular meeting thereof this S -h day of February, 1973. Mayor Attest: ity rr Approved as to Form: CI Attorney Published: f 42/ 6 y e, (2/:/.74 -6-