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Volume 2: Draft Gorst Planned Action Environmental Impact Statement

Volume 2: Draft Gorst Planned Action Environmental Impact Statement

Volume 2: Draft Gorst Planned Action Environmental Impact Statement

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PLANNED ACTION ORDINANCEdevelopment parameters and thresholds established herein, and with the environmental analysiscontained in the <strong>Planned</strong> <strong>Action</strong> EIS.(2) Upon determination by the [City’s] [County’s] SEPA Responsible Official that the proposal meets thecriteria of Section 4.D and qualifies as a planned action, the proposal shall not require a SEPAthreshold determination, preparation of an EIS, or be subject to further review pursuant to SEPA.G. <strong>Planned</strong> <strong>Action</strong> Permit Process. Applications for planned actions shall be reviewed pursuant to thefollowing process:(1) Development applications shall meet all applicable requirements of the [Bremerton Municipal Code(BMC)] [Kitsap County Code (KCC)]. Applications for planned actions shall be made on formsprovided by the [City] [County] and shall include the <strong>Planned</strong> <strong>Action</strong> SEPA checklist (Exhibit C).(2) The [City’s] [County’s] SEPA Responsible Official shall determine whether the application iscomplete as provided in [BMC XXX/KCC XXX].(3) If the application is for a project within the <strong>Planned</strong> <strong>Action</strong> Area defined in Exhibit A, the applicationwill be reviewed to determine if it is consistent with the criteria of this ordinance and therebyqualifies as a <strong>Planned</strong> <strong>Action</strong> project.(a) The decision of the [City’s] [County’s] SEPA Responsible Official regarding qualification of aproject as a <strong>Planned</strong> <strong>Action</strong> is a Type 1 decision. The SEPA Responsible Official shall notifythe applicant of his/her decision. Notice of the determination shall also be mailed orotherwise verifiably delivered to federal recognized tribal governments and to agencies withjurisdiction over the planned action project, pursuant to Chapter 1, Laws of 2012 (EngrossedSubstitute Senate Bill (ESSB) 6406).(b) If the project is determined to qualify as a <strong>Planned</strong> <strong>Action</strong>, it shall proceed in accordancewith the applicable permit review procedures specified in [BMC XXX/KCC XXX], except thatno SEPA threshold determination, EIS or additional SEPA review shall be required.(c) Notice of the application for a planned action project shall be consistent with [BMC XXX/KCCXXX].(4) If notice is otherwise required for the underlying permit, the notice shall state that the project hasqualified as a <strong>Planned</strong> <strong>Action</strong>. If notice is not otherwise required for the underlying permit, nospecial notice is required by this ordinance.(5) To provide additional certainty about applicable requirements, the [City] [County] or applicant mayrequest consideration and execution of a development agreement for a <strong>Planned</strong> <strong>Action</strong> project,consistent with RCW 36.70B.170 et seq.(6) If a project is determined to not qualify as a <strong>Planned</strong> <strong>Action</strong>, the SEPA Responsible Official shall sonotify the applicant and prescribe a SEPA review procedure consistent with the [City’s] [County’s]SEPA regulations and the requirements of state law. The notice shall describe the elements of theapplication that result in failure to qualify as a <strong>Planned</strong> <strong>Action</strong>.(7) Projects that fail to qualify as <strong>Planned</strong> <strong>Action</strong>s may incorporate or otherwise use relevant elementsof the <strong>Planned</strong> <strong>Action</strong> EIS, as well as other relevant SEPA documents, to meet their SEPArequirements. The SEPA Responsible Official may limit the scope of SEPA review for the nonqualifyingproject to those issues and environmental impacts not previously addressed in the<strong>Planned</strong> <strong>Action</strong> EIS.June 2013 6

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