Ordinance 2213-97 - Laserfiche WebLink

Section 6: Procedure for Evaluating Projects as Planned Actions The Director shall establish a procedure to review projects and to determine whether they meet the criteria as planned actions under state laws and City codes and ordinances. The procedure shall consist, at a minimum, of the following: A. Development applications shall meet the application requirements of the City's consolidated review procedure, Ordinance No. 2136-96 as amended. Applications shall be made on forms provided by the Department and shall include a SEPA checklist or revised SEPA checklist or such other environmental review forms provided by the Department. The checklist may be incorporated into the form of an application; B. The Director shall determine whether the application is complete as provided for in Ordinance 2136.96, Section 3; C. If the project application is within the area designated for planned actions in this ordinance, the application shall be reviewed to determine whether the proposed development is consistent with and meets all the qualifications specified in Section 3D of this ordinance. D. Upon review of a complete application by the City, the Director shall determine whether the project qualifies as a planned action. If the project does qualify, the Director shall notify the applicant, and the project shall proceed in accordance with the appropriate permit procedure. No additional SEPA review, threshold determination or EIS shall be required. However, if the project is determined not to be a planned action, the Department shall notify the applicant and prescribe a SEPA review procedure consistent with the City of Everett's SEPA procedures and state laws. The notice shall describe the elements of the application that result in disqualification as a planned action. The Department may choose to limit the scope of the SEPA review to those issues and environmental impacts not previously addressed in the Subarea Plan and EIS. Furthermore, the Department and the applicant shall have access to the Subarea Plan and EIS, as well as other environmental documents, to assist in meeting the SEPA requirements. Section 7: Promulgation of Rules The Director is authorized to promulgate rules and procedures necessary for the implementation of this ordinance. Section 8: Conflict In the event of a conflict between the ordinance or any mitigation measures imposed pursuant thereto and any ordinance or regulation of the City, the provisions of this Ordinance shall control. Section 9: Validity Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Everett hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clause, phrases or portions be declared invalid or unconstitutional.