Chapter 20.14
SEPA ENVIRONMENTAL REVIEW PROCESS

Sections:

20.14.010    Overview – Intent.

20.14.020    Cumulative effects.

20.14.030    Parking and traffic.

20.14.040    Landscaping.

20.14.050    Drainage.

20.14.060    Light and glare.

20.14.010 Overview – Intent.

(1) Policy Intent. It is the intent of the city that the SEPA environmental review process be implemented by integrating the consideration of environmental impacts with existing planning and decision-making processes. To the greatest extent possible, the mechanism for mitigating or preventing adverse impacts to the environment will be incorporated into present and future city ordinances relating to the affected element of the environment. The SEPA review process and the measures necessary to minimize or prevent adverse impacts are, therefore, not to be treated as a separate review or permitting process, but rather are to be employed as an integral element of the existing decision-making process.

(2) Policies. In assessing the environmental impacts of a proposal and in determining the need for conditioning or denial, the responsible official or his designee shall utilize SEPA, all policies, guidelines and regulations adopted pursuant to SEPA, and shall use other environmentally related policies adopted by the city council in the form of resolutions, codes, ordinances, regulations or plans identified in appendix A which is attached to the ordinance codified in this chapter and on file in the SEPA public information center, and federal and state and regional environmental quality standards. (Ord. 575 § 1, 1980).

20.14.020 Cumulative effects.

(1) Policy Intent. Recognizing that:

(a) Comprehensive land use controls and other regulations cannot always anticipate or eliminate adverse impacts upon public facilities and services, natural systems or the surrounding area; and

(b) A single development, use or modification, though otherwise consistent with zoning regulations, may create adverse impacts upon facilities and services, natural systems or the surrounding area when aggregated with the impacts of prior development; and a single development may induce, due to a casual relationship, other developments, which ultimately will adversely affect public facilities and service, natural systems or the surrounding area;

It is the policy of the city to condition or deny proposals to minimize or prevent such adverse environmental impacts from occurring.

(2) Policies.

(a) The analysis of cumulative effects shall include a reasonable assessment of the present and planned capacity of such public facilities as sewers, storm drains, solid waste disposal, parks, schools, streets, utilities and parking areas to serve the area affected by the proposal.

(b) The analysis of cumulative effects shall include a reasonable assessment of the adequacy of the present and planned public services such as health, police and fire protection and social services to serve the area affected by the proposal.

(c) The analysis of cumulative effects shall include a reasonable assessment of the capacity of natural systems, i.e., air, water, light and land, to absorb the direct and reasonably anticipated impacts of the proposal.

(d) Based in part upon such analysis, a project may be modified to lessen its demand for support services and facilities or its impact on natural systems. Modification may also be required to provide for subsequent projects which can be expected to share the need for support services and facilities or use of the natural systems’ capacity. (Ord. 575 § 2, 1980).

20.14.030 Parking and traffic.

(1) Policy Intent. Recognizing that new development and some modifications will generate travel and parking demands, with resultant adverse impacts on the surrounding areas relative to parking and traffic flow, it is the policy of the city to:

(a) Modify off-street parking requirements to mitigate adverse impacts;

(b) Make other requirements as necessary to assure reasonable access and flow.

(2) Policies.

(a) The responsible official or his designee shall examine the proposed building occupants’ likely vehicle use patterns and guest and service parking needs.

(b) In determining the necessary off-street parking, the responsible official or his designee shall weigh these needs against factors such as:

(i) Availability of on-street parking;

(ii) Existing traffic conditions;

(iii) Trend in local area development;

(iv) Parking characteristics of the proposed building in the immediate area;

(v) Availability of goods, services, and recreation within reasonable pedestrian distance.

(c) The responsible official or his designee may require measures to mitigate adverse parking impacts.

(d) The responsible official or his designee may require curb cuts, construction of sidewalks and other pedestrian access amenities or deeding of street right-of-way.

(e) Any condition or mitigating measure must be continuously met by the property owner. (Ord. 575 § 3, 1980).

20.14.040 Landscaping.

(1) Policy Intent. Recognizing that certain developments, although consistent with zoning, may require separation from adjacent uses or modification if they are to exist in harmony with the surrounding area, the responsible official or his designee may require foliage and greenery to promote the aesthetic and natural qualities of Oak Harbor. Also, recognizing that vegetation can sometimes mitigate adverse environmental impacts, the responsible official or his designee may require new landscaping or preservation of existing landscaping to reduce storm water runoff, erosion, and acoustical and aesthetic incompatibility with the surrounding area.

(2) Policies.

(a) Landscaping may be required when it can provide a buffer between incompatible land uses or zones such as between parking areas and pedestrian ways.

(b) Landscaping may be required when it can reduce the potential for erosion or excessive storm water runoff.

(c) Landscaping may be required for new development to reduce the site coverage by impervious surfaces and to add to the beauty of the city.

(d) Preference shall be given for special landscaping compatible with surrounding flora.

(e) The responsible official or his designee may require existing vegetation to be retained.

(f) Maintenance of landscaped areas and replacement of dying or dead plants shall be the responsibility of the property owner. (Ord. 575 § 4, 1980).

20.14.050 Drainage.

(1) Policy Intent. Recognizing that property development and redevelopment usually contribute to increased rates and volumes of storm water runoff, it is the policy of the city to:

(a) Prevent storm water flooding and related property damage, safety hazards, nuisance problems and water quality degradation from increasing as a result of property development and redevelopment;

(b) Preserve and enhance the aesthetic quality of the water and water courses;

(c) Preserve and enhance the suitability of waters for recreation and wildlife habitat.

(2) Policies.

(a) On or off-site control of storm water, in conjunction with property development and redevelopment, shall be required throughout the city.

(b) The peak storm water runoff discharge rate from property development or redevelopment involving more than 2,000 square feet of impervious surface shall not exceed 0.2 cubic feet per second per acre under an appropriate design storm condition. For purposes of this section, property development shall include demolition of an existing building, structure or impervious surface and subsequent construction of a new building, structure or impervious surface.

(c) Drainage control plan shall accompany or be included with the application and/or request for any city action on a proposed project.

(d) Approval of the most suitable method of drainage control shall be made by the responsible official or his designee on a case by case basis. (Ord. 575 § 5, 1980).

20.14.060 Light and glare.

(1) Policy Intent. Recognizing that development and redevelopment sometimes include lighting and/or reflective surface materials which can adversely affect the surrounding area, and that such adverse impacts may be mitigated by alternative lighting techniques and surface materials, it is the policy of the city to consider the adverse impacts and the effectiveness of mitigating measures, and to weigh the costs of conditioning or denying the proposal against the benefits to be gained.

(2) Policies.

(a) If the responsible official or his designee finds a significant potential for adverse impacts due to light and glare, the responsible official or his designee shall assess the impacts and need for mitigation.

(b) The responsible official or his designee may mitigate adverse impacts of lighting and glare by measures including, but not limited to:

(i) Limiting the reflective qualities of surface materials that can be used in the development;

(ii) Limiting the area and intensity of illumination;

(iii) Limiting the location or angle of illumination;

(iv) Limiting the hours of illumination. (Ord. 575 § 6, 1980).