Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.020 Purpose – Adoption by reference.
16.04.030 Additional definitions.
16.04.040 Responsible official designated.
16.04.050 Lead agency determination and responsibilities.
16.04.060 Time limits applicable to processes.
16.04.070 Additional timing considerations.
16.04.010 Authority.
The city adopts the ordinance codified in this title under the State Environmental Policy Act (SEPA), RCW 43.21C.120 and the SEPA rules, WAC 197-11-904. This title contains this city’s SEPA procedures and policies. The SEPA rules, Chapter 197-11 WAC, must be used in conjunction with this title. (Ord. 84-339 § 1, 1984)
16.04.020 Purpose – Adoption by reference.
This chapter contains the basic requirements that apply to the SEPA process. The city adopts the following sections of Chapter 197-11 WAC by reference:
WAC
197-11-040 Definitions
197-11-050 Lead agency
197-11-055 Timing of the SEPA process
197-11-060 Content of environmental review
197-11-070 Limitation on actions during SEPA process
197-11-080 Incomplete or unavailable information
197-11-090 Supporting documents
197-11-100 Information required of applicants
(Ord. 84-339 § 2(A), 1984)
16.04.030 Additional definitions.
In addition to those definitions contained within WAC 197-11-700 through 197-11-799, adopted by reference in AMC 16.28.010, when used in this title, the following terms shall have the following meaning, unless the context indicates otherwise:
A. “Department” means any division, subdivision or organizational unit of the city established by ordinance, rule or order.
B. “Early notice” means the city’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated determination of nonsignificance (DNS) procedures).
C. “Ordinance” means the ordinance, resolution or other procedure used by the city to adopt regulatory requirements.
D. “SEPA rules” means Chapter 197-11 WAC, adopted by the Department of Ecology. (Ord. 84-339 § 2(B), 1984)
16.04.040 Responsible official designated.
A. For those proposals for which the city is the lead agency, the responsible official shall be the mayor or his designee.
B. For all proposals for which the city is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the lead agency or responsible official by those section of the SEPA rules that were adopted by reference in WAC 173-806-020.
C. The city shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW. (Ord. 84-339 § 2(C), 1984)
16.04.050 Lead agency determination and responsibilities.
A. The department within the city receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940; unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency.
B. When the city is the lead agency for a proposal, the department receiving that application shall determine the responsible official who shall supervise compliance with the threshold determination requirements and if an EIS is necessary shall supervise preparation of the EIS.
C. When the city is not the lead agency for a proposal, all departments of the city shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No city department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the city may conduct supplemental environmental review under WAC 197-11-600.
D. If the city or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 15 days of receipt of the determination, or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the city may be initiated by the mayor or his designee.
E. Departments of the city are authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.
F. Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal (that is: which agencies require nonexempt licenses?). (Ord. 84-339 § 2(D), 1984)
16.04.060 Time limits applicable to processes.
The following time limits, expressed in calendar days, shall apply when the city processes licenses for all private projects and those governmental proposals submitted to the city by other agencies:
A. Categorical Exemptions. The city shall identify whether an action is categorically exempt within seven days of receiving a completed application.
B. Threshold Determinations.
1. The city should complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within 15 days of the date an applicant’s adequate application and completed checklist are submitted.
2. When the responsible official requires further information from the applicant or consultation with other agencies with jurisdiction:
a. The city should request such further information within 15 days of receiving an adequate application and completed environmental checklist.
b. The city shall wait no longer than 30 days for a consulted agency to respond.
c. The responsible official should complete the threshold determination within 15 days of receiving the requested information from the application or the consulted agency.
3. When the city must initiate further studies, including field investigations, to obtain the information to make the threshold determination, the city should complete the studies within 30 days of receiving an adequate application and a completed checklist.
4. The city may complete threshold determinations on actions where the applicant recommends in writing that an EIS be prepared, because of the probable significant adverse environmental impact(s) described in the application, within 15 days of receiving an adequate application and completed checklist. (Ord. 84-339 § 2(E), 1984)
16.04.070 Additional timing considerations.
A. For nonexempt proposals, the DNS or draft EIS for the proposal shall accompany the city’s staff recommendation to any appropriate advisory body, such as the planning commission.
B. If the city’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications. (Ord. 84-339 § 2(F), 1984)