Chapter 1.42
STATE ENVIRONMENTAL POLICY ACT (SEPA)
Sections:
Article I. Authority
1.42.040 Authority.
Article II. General Requirements
1.42.080 General requirements.
1.42.120 Additional definitions.
1.42.160 Designation of responsible official.
1.42.200 Lead agency determination and responsibilities.
1.42.240 Additional considerations in time limits applicable to the SEPA process.
Article III. Exemptions
1.42.320 Categorical exemptions and threshold determinations.
1.42.360 Use of exemptions.
1.42.400 Environmental checklist.
1.42.440 Mitigated DNS.
Article IV. Environmental Impact Statement
1.42.480 Environmental impact statement (EIS).
1.42.520 Preparation of EIS – Additional considerations.
Article V. Commenting and Public Notice
1.42.600 Commenting.
1.42.640 Public notice.
1.42.680 Designation of official to perform consulted agency responsibilities for the city.
1.42.700 Designation of SEPA responsible official to review all Kittitas County SEPA determinations.
Article VI. Existing Environmental Documents
1.42.720 Using existing environmental documents.
Article VII. SEPA and Agency Decisions
1.42.760 SEPA and agency decisions.
1.42.800 Substantive authority.
1.42.840 Appeals.
Article VIII. Definitions
1.42.920 Definitions.
Article IX. Categorical Exemptions
1.42.960 Categorical exemptions.
Article X. Compliance and Fees
1.42.1000 Agency compliance.
1.42.1040 Fees.
Article XI. Forms
1.42.1160 Forms.
Article I. Authority
1.42.040 Authority.
The city of Ellensburg adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904. This chapter contains the city's SEPA procedures and policies. The SEPA rules, Chapter 197-11 WAC, must be used in conjunction with this chapter. [Ord. 3456 § 1, 1984.]
Article II. General Requirements
1.42.080 General requirements.
This article 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 Limitations on actions during SEPA process;
197-11-080 Incomplete or unavailable information;
197-11-090 Supporting documents;
197-11-100 Information required of applicants;
197-11-210 SEPA/GMA integration;
197-11-220 SEPA/GMA definitions;
197-11-228 Overall SEPA/GMA integration procedures;
197-11-230 Timing of an integrated GMA/SEPA process;
197-11-232 SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping;
197-11-235 Documents;
197-11-250 SEPA/Model Toxics Control Act integration;
197-11-253 SEPA lead agency for MTCA actions;
197-11-256 Preliminary evaluation;
197-11-259 Determination of nonsignificance for MTCA remedial action;
197-11-262 Determination of significance and EIS for MTCA remedial actions;
197-11-265 Early scoping for MTCA remedial actions;
197-11-268 MTCA interim actions.
[Ord. 4275, 2001; Ord. 3456 § 1, 1984.]
1.42.120 Additional definitions.
In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter the following terms shall have the following meanings, 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 procedures used by the city to adopt regulatory requirements.
D. “SEPA rules” means Chapter 197-11 WAC, adopted by the Department of Ecology. [Ord. 3456 § 1, 1984.]
1.42.160 Designation of responsible official.
For those proposals for which the city is the lead agency, the community development director or his/her designee shall act as the responsible official. [Ord. 4275, 2001; Ord. 3849 § 1, 1993; Ord. 3795 § 1, 1992; Ord. 3714 § 1, 1990; Ord. 3456 § 1, 1984.]
1.42.200 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 WAC 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 the 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 community development director or his/her 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. 4275, 2001; Ord. 3456 § 1, 1984.]
1.42.240 Additional considerations in time limits applicable to the SEPA process.
The following time limits (expressed in calendar days), unless otherwise expressly stated, 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 28 days of receiving a completed application.
B. Threshold Determinations.
1. The city should complete threshold determinations that can be based solely upon receipt of the environmental checklist that has been determined to be complete for the proposal within 35 days of the date the SEPA checklist is determined to be complete and posting of a standard project sign, approximately two feet by three feet in size, on the project site. The SEPA responsible official shall determine an application is adequate and complete when a SEPA checklist is received and verification is received that the project sign(s) has (have) been posted on the property.
2. When the responsible official requires further information from the applicant or consultant with other agencies with jurisdiction:
a. The city should request such further information within 35 days of receipt of a checklist that has been determined to be complete and posting of a standard project sign, approximately two feet by three feet in size, on the project site;
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 35 days of receiving the requested information from the applicant 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 35 days of receiving an adequate application and a completed checklist.
4. The city shall 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 35 days of receiving an adequate application and completed checklist.
5. An extension of the time limit for making a threshold determination may be granted if agreed to by the city and the applicant; provided, such extension does not exceed the time limits established by state law. Under RCW 43.21C.033, the threshold determination must be made within 90 days after the application and supporting documentation are complete; provided, however, the applicant may request an additional 30 days for the threshold determination. [Ord. 4379, 2004; Ord. 4275, 2001; Ord. 4028 § 2, 1996; Ord. 3914 § 1, 1994; Ord. 3836 § 1, 1992; Ord. 3456 § 1, 1984.]
Article III. Exemptions
1.42.320 Categorical exemptions and threshold determinations.
This article contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared. This article also contains rules for evaluating the impacts of proposals not requiring an EIS. The city adopts the following sections by reference, as supplemented in this article:
WAC
197-11-300 Purpose of this part;
197-11-305 Categorical exemptions;
197-11-310 Threshold determination required;
197-11-315 Environmental checklist;
197-11-330 Threshold determination process;
197-11-335 Additional information;
197-11-340 Determination of nonsignificance (DNS);
197-11-350 Mitigated DNS;
197-11-355 Optional DNS process;
197-11-360 Determination of significance (DS)/ initiation of scoping;
197-11-390 Effect of threshold determination.
[Ord. 4275, 2001; Ord. 3456 § 1, 1984.]
1.42.360 Use of exemptions.
A. Each department within the city that receives an application for a permit or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the permit and/or the proposal is exempt. The department's determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal.
B. In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental permits required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the permit's application that triggers the department's consideration is exempt.
C. If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:
1. The city shall not give authorization for:
a. Any nonexempt action;
b. Any action that would have an adverse environmental impact; or
c. Any action that would limit the choice of alternatives;
2. A department may withhold approval of an exempt action that would lead to modification of the physical environment when such modification would serve no purpose if nonexempt action(s) were not approved; and
3. A department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved. [Ord. 4275, 2001; Ord. 3456 § 1, 1984.]
1.42.400 Environmental checklist.
A completed environmental checklist (or a copy), in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempted in this chapter; except, a checklist is not needed if the city and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The city shall use the environmental checklist to determine the lead agency and, if the city is lead agency, for determining the responsible official and for making the threshold determination. [Ord. 3456 § 1, 1984.]
1.42.440 Mitigated DNS.
A. As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.
B. An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:
1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and
2. Precede the city's actual threshold determination for the proposal.
C. The responsible official should respond to the request for early notice within 28 days. The response shall:
1. Be written;
2. State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the city to consider a DS; and
3. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.
D. As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
E. When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the city shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 days of receiving the unchanged or clarified proposal:
1. If the city indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the city shall issue and circulate a DNS under WAC 197-11-340(2).
2. If the city indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the city shall make the threshold determination, issuing a DNS or DS as appropriate.
3. The applicant's proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to “control noise” or “prevent storm water runoff” are inadequate, whereas proposals to “muffle machinery to x decibel” or “construct 200-foot storm water retention pond at y location” are adequate.
4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.
F. A mitigated DNS is issued under WAC 197-11-350(2), requiring a 28-day comment period and public notice.
G. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the city.
H. If the city's tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).
I. The city's written response under subsection (B) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the city to consider the clarifications or changes in its threshold determination. [Ord. 4275, 2001; Ord. 3456 § 1, 1984.]
Article IV. Environmental Impact Statement
1.42.480 Environmental impact statement (EIS).
This article contains the rules for preparing environmental impact statements. The city adopts the following sections by reference, as supplemented by this article:
WAC
197-11-400 Purpose of EIS;
197-11-402 General requirements;
197-11-405 EIS types;
197-11-406 EIS timing;
197-11-408 Scoping;
197-11-410 Expanded scoping (optional);
197-11-420 EIS preparation;
197-11-425 Style and size;
197-11-430 Format;
197-11-435 Cover letter or memo;
197-11-440 EIS contents;
197-11-442 Contents of EIS on nonproject proposals;
197-11-443 EIS contents when prior nonproject EIS;
197-11-444 Elements of the environment;
197-11-448 Relationship of EIS to other considerate;
197-11-450 Cost-benefit analysis;
197-11-455 Issuance of DEIS;
197-11-460 Issuance of FEIS.
[Ord. 3456 § 1, 1984.]
1.42.520 Preparation of EIS – Additional considerations.
A. Preparation of the draft and final EISs (DEIS and FEIS) or draft and final supplemental EISs (SEIS) is the responsibility of the community development department under the direction of the responsible official. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.
B. The DEIS and FEIS or draft and final SEIS shall be prepared by city staff or by a consultant selected by the city. If the responsible official requires an EIS for a proposal and determines that someone other than the city will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the city's procedures for EIS preparation, including approval of the DEIS and FEIS prior to distribution.
C. The city may require an applicant to provide information the city does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. (This does not apply to information the city may request under another ordinance or statute.) [Ord. 4275, 2001; Ord. 3456 § 1, 1984.]
Article V. Commenting and Public Notice
1.42.600 Commenting.
This article contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The city adopts the following sections by reference, as supplemented in this article:
WAC
197-11-500 Purpose of this part;
197-11-502 Inviting comments;
197-11-504 Availability and cost of environmental documents;
197-11-508 SEPA register;
197-11-535 Public hearings and meetings;
197-11-545 Effect of no comment;
197-11-550 Specificity of comments;
197-11-560 EIS response to comments;
197-11-570 Consulted agency costs to assist lead agency.
[Ord. 4275, 2001; Ord. 3456 § 1, 1984.]
1.42.640 Public notice.
A. Subject to subsections (B) and (F) of this section, when this chapter, or any other law, rule, or regulation, requires notice to be given to the public, in addition to other specific notice requirements, the city of Ellensburg shall, as soon as practical:
1. Publish notice in a newspaper of general circulation in the county, city, or general area where the proposal is located;
2. Notify public or private groups or individuals that have expressed interest in the proposal being considered;
3. Require the posting of a weather-resistant sign posted on the subject property, visible to members of the public who may be passing on nearby public rights-of-way, and free from obstructions. If the project abuts more than one public right-of-way, more than one sign may be required as determined by the responsible official. The responsibility for the posting of the sign shall be upon the project applicant. The sign shall be at least two feet by three feet in size, have a written description of the proposal, include a site drawing which shows the proposed project, have the date listed when comments are due, and where comments are to be mailed.
B. In addition to other notice requirements contained in this chapter, public notice shall be given to the public upon the following occurrences, and as follows:
1. Upon the filing of an environmental checklist with the city, the city shall comply with subsections (A)(1) through (A)(3) of this section;
2. Upon the making of any threshold determination by the responsible official, notice shall be provided as set forth in subsections (A)(1) and (A)(2) of this section;
3. Whenever public notice is specifically required in this chapter, the city shall comply with subsections (A)(1) through (A)(3) of this section.
C. If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due.
D. Whenever the city issues a DS under WAC 197-11-360(3), the city shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.
E. Whenever possible, the city shall attempt to integrate the public notice required under this section with existing notice procedures for the city's nonexempt permit(s) or approval(s) required for the proposal. If such notice gives the public actual notice in substantial compliance with subsection (F) of this section, the requirements of this section shall be deemed met.
F. The public notice required by subsection (A) of this section shall include a description of the property adequate to clearly and easily identify the location of the property, the location whereat relevant documents can be reviewed in addition to relevant information regarding the action taken, to be taken, or a significant occurrence, and deadlines for comment or other input or remedy to be taken. [Ord. 4275, 2001; Ord. 3986 § 1, 1995; Ord. 3717 § 1, 1990.]
1.42.680 Designation of official to perform consulted agency responsibilities for the city.
A. The community development department shall be responsible for preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.
B. The community development department shall be responsible for the city's compliance with WAC 197-11-550 whenever the city is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city. [Ord. 4275, 2001; Ord. 3456 § 1, 1984.]
1.42.700 Designation of SEPA responsible official to review all Kittitas County SEPA determinations.
The SEPA responsible official shall receive and review all SEPA determinations made by Kittitas County. If it is the decision by the responsible official that any SEPA determination made by Kittitas County substantially impacts the interests of the city, a response shall be forwarded to Kittitas County on behalf of the city. [Ord. 4275, 2001; Ord. 3792 § 1, 1992.]
Article VI. Existing Environmental Documents
1.42.720 Using existing environmental documents.
This article contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the city's own environmental compliance. The city adopts the following sections by reference:
WAC
197-11-600 When to use existing environmental documents;
197-11-610 Use of NEPA documents;
197-11-620 Supplemental environmental impact statement – Procedures;
197-11-625 Addenda – Procedures;
197-11-630 Adoption – Procedures;
197-11-635 Incorporation by reference – Procedures;
197-11-640 Combining documents.
[Ord. 3456 § 1, 1984.]
Article VII. SEPA and Agency Decisions
1.42.760 SEPA and agency decisions.
This article contains rules (and policies) for SEPA's substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This article also contains procedures for appealing SEPA determinations to the courts.
Appeals of the SEPA determination shall be made a part of an appeal of the final action taken by the city. Such appeals shall be combined after a final decision is rendered by the city on the subject permit application and shall be made to a court of competent jurisdiction.
It is the responsibility of the city council to accept, reject, or amend the threshold determination. At the time of the record hearing, any party, including the applicant, may request that council amend the threshold determination. Council will consider the SEPA determination and submitted evidence and amend the SEPA decision as it deems appropriate.
The city adopts the following sections by reference:
WAC
197-11-650 Purpose of this part;
197-11-655 Implementation;
197-11-660 Substantive authority and mitigation;
197-11-680 Appeals.
[Ord. 4357, 2003; Ord. 3456 § 1, 1984.]
1.42.800 Substantive authority.
A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city of Ellensburg.
B. The city may attach conditions to a permit or approval for a proposal so long as:
1. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter;
2. Such conditions are in writing; and
3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and
4. The city has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and
5. Such conditions are based on one or more policies in subsection (D) of this section and cited in the license or other decision document.
C. The city may deny a permit or approval for a proposal on the basis of SEPA so long as:
1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this chapter; and
2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and
3. The denial is based on one or more policies identified in writing in the decision document.
D. The city designates and adopts by reference the following policies as the basis for the city's exercise of authority pursuant to this section:
1. The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:
a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
b. Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;
c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;
d. Preserve important historic, cultural, and natural aspects of our national heritage;
e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
f. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and
g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
2. The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.
3. The city identifies the policy of using all practicable means and measures, including financial and technical assistance, in a manner calculated to:
a. Foster and promote the general welfare;
b. Create and maintain conditions under which man and nature can exist in productive harmony; and
c. Fulfill the social, economic, and other requirements of present and future generations of Ellensburg citizens.
In order to carry out the policies set forth in this provision, the city adopts by reference herein the Ellensburg City Code, the city's comprehensive plan, and all other adopted city plans or studies. [Ord. 4275, 2001; Ord. 4028 § 4, 1996; Ord. 3788 § 1, 1992; Ord. 3776 § 1, 1991; Ord. 3456 § 1, 1984.]
1.42.840 Appeals.
The city of Ellensburg establishes the administrative appeal procedures which are contained in ECC 1.68.400. [Ord. 4275, 2001; Ord. 4028 § 5, 1996; Ord. 3787 § 1, 1992; Ord. 3456 § 1, 1984.]
Article VIII. Definitions
1.42.920 Definitions.
This article contains uniform usage and definitions of terms under SEPA. The city adopts the following sections by reference, as supplemented by WAC 173-806-040:
WAC
197-11-700 Definitions;
197-11-702 Act;
197-11-704 Action;
197-11-706 Addendum;
197-11-708 Adoption;
197-11-710 Affected tribe;
197-11-712 Affecting;
197-11-714 Agency;
197-11-716 Applicant;
197-11-718 Built environment;
197-11-720 Categorical exemption;
197-11-722 Consolidated appeal;
197-11-724 Consulted agency;
197-11-726 Cost-benefit analysis;
197-11-728 County/city;
197-11-730 Decision maker;
197-11-732 Department;
197-11-734 Determination of nonsignificance (DNS);
197-11-736 Determination of significance (DS);
197-11-738 EIS;
197-11-740 Environment;
197-11-742 Environmental checklist;
197-11-744 Environmental document;
197-11-746 Environmental review;
197-11-750 Expanded scoping;
197-11-752 Impacts;
197-11-754 Incorporation by reference;
197-11-756 Lands covered by water;
197-11-758 Lead agency;
197-11-760 License;
197-11-762 Local agency;
197-11-764 Major action;
197-11-766 Mitigated DNS;
197-11-768 Mitigation;
197-11-770 Natural environment;
197-11-772 NEPA;
197-11-774 Nonproject;
197-11-776 Phased review;
197-11-778 Preparation;
197-11-780 Private project;
197-11-782 Probable;
197-11-784 Proposal;
197-11-786 Reasonable alternative;
197-11-788 Responsible official;
197-11-790 SEPA;
197-11-792 Scope;
197-11-793 Scoping;
197-11-794 Significant;
197-11-796 State agency;
197-11-797 Threshold determination;
197-11-799 Underlying governmental action.
[Ord. 4275, 2001; Ord. 3456 § 1, 1984.]
Article IX. Categorical Exemptions
1.42.960 Categorical exemptions.
The city adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including WAC 173-806-070 (Flexible thresholds), WAC 173-806-080 (Use of exemptions), and WAC 173-806-190 (Environmentally sensitive areas):
WAC
197-11-800 Categorical exemptions (as modified below);
197-11-800(1)(c)
i. The construction or location of any residential structure of 20 dwelling units or less.
ii. The construction of any barn, loafing shed, farm equipment storage building, produce storage or parking structure, or similar agricultural structure covering 10,000 square feet or less, and to be used only by the property owner or his or her agent in the conduct of farming the property. This exemption shall not apply to feed lots.
iii. The construction of an office, school, commercial, recreational, service or storage building with 12,000 square feet of gross floor area or less, and with associated parking facilities designed for 40 automobiles or less.
iv. The construction of a parking lot designed for 40 automobiles or less.
v. Any landfill or excavation of not more than 500 cubic yards throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II or III forest practice under RCW 76.09.050 or regulations thereunder;
197-11-880 Emergencies;
197-11-890 Petitioning DOE to change exemptions.
[Ord. 4357, 2003; Ord. 3456 § 1, 1984.]
Article X. Compliance and Fees
1.42.1000 Agency compliance.
This article contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating environmentally sensitive areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The city adopts the following sections by reference, as supplemented by WAC 173-806-050 through 173-806-053 and this article:
WAC
197-11-900 Purpose of this part;
197-11-902 Agency SEPA policies;
197-11-916 Application to ongoing actions;
197-11-920 Agencies with environmental expertise;
197-11-922 Lead agency rules;
197-11-924 Determining the lead agency;
197-11-926 Lead agency for governmental proposals;
197-11-928 Lead agency for public and private proposals;
197-11-930 Lead agency for private projects with one agency with jurisdiction;
197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city;
197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies;
197-11-936 Lead agency for private projects requiring licenses from more than one state agency;
197-11-938 Lead agencies for specific proposals;
197-11-940 Transfer of lead agency status to a state agency;
197-11-942 Agreement on lead agency status;
197-11-944 Agreements on division of lead agency duties;
197-11-946 DOE resolution of lead agency disputes;
197-11-948 Assumption of lead agency status.
[Ord. 3456 § 1, 1984.]
1.42.1040 Fees.
The city shall require the following fees for its activities in accordance with the provisions of this chapter:
A. Threshold Determination. For every environmental checklist the city will review when it is lead agency, the city shall collect a total fee of $800.00 from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee.
B. Environmental Impact Statement.
1. When the city is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred by the city in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.
2. The responsible official shall contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the city and may bill such costs and expenses directly to the applicant. The city shall require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the city and applicant after a call for proposals.
3. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsection (B)(1) or (B)(2) of this section which remain after incurred costs are paid.
4. The city may collect a reasonable fee from an applicant to cover the costs of meeting the public notice requirements of this chapter relating to the applicant's proposal.
5. The city shall not collect a fee for performing its duties as a consulted agency.
6. The city may charge any person for copies of any document prepared under this chapter and for mailing the document, in a manner provided by Chapter 42.17 RCW. [Ord. 4467 § 1, 2007; Ord. 4275, 2001; Ord. 4224, 1999; Ord. 3906 § 3, 1994; Ord. 3456 § 1, 1984.]
Article XI. Forms
1.42.1160 Forms.
The city adopts the following forms and sections by reference:
WAC
197-11-960 Environmental checklist;
197-11-965 Adoption notice;
197-11-970 Determination of nonsignificance (DNS);
197-11-980 Determination of significance (DS) and scoping notice;
197-11-985 Notice of assumption of lead agency status;
197-11-990 Notice of action.
[Ord. 3456 § 1, 1984.]