Chapter 16.04
SEPA RULES
Sections
ARTICLE I. AUTHORITY
16.04.010 Authority.
ARTICLE II. GENERAL REQUIREMENTS
16.04.020 General requirements – Adoption by reference.
16.04.030 Definitions – Additional.
16.04.040 Designation of responsible official.
16.04.050 Lead agency – Determination and responsibilities.
16.04.060 Lead agency – Transfer to state agency.
16.04.070 Document schedule.
ARTICLE III. CATEGORICAL EXEMPTIONS – THRESHOLD DETERMINATIONS
16.04.080 EIS required when – Adoption by reference.
16.04.090 Use of exemptions.
16.04.100 Environmental checklist.
16.04.110 Mitigated DNS.
ARTICLE IV. ENVIRONMENTAL IMPACT STATEMENT (EIS)
16.04.120 Preparation of EIS – Adoption by reference.
16.04.130 Preparation of EIS – Additional provisions.
16.04.140 Additional elements to be covered.
ARTICLE V. COMMENTING
16.04.150 Rules – Adoption by reference.
16.04.160 Public notice procedure – Notice of DNS, mitigated DNS, or DS.
16.04.161 Public notice procedure – Notice of DS scoping procedure.
16.04.162 Public notice procedure – Notice of DEIS and draft SEIS.
16.04.163 Public notice procedure – Content of notice.
16.04.164 Public notice procedure – Timing of notices.
16.04.165 Public notice procedure – Comment period.
16.04.166 Public notice procedure – Coordination of required notices.
16.04.167 Public notice procedure – Public notice costs.
16.04.170 Consulted agency – Official designated.
ARTICLE VI. EXISTING ENVIRONMENTAL DOCUMENTS AND PLANNED ACTIONS
16.04.180 Use.
16.04.185 Planned actions.
ARTICLE VII. SEPA AND AGENCY DECISIONS
16.04.190 Adoption by reference.
16.04.200 Substantive authority – Conditions – Denial – Policies.
16.04.210 Agency SEPA appeals.
ARTICLE VIII. DEFINITIONS
16.04.220 Definitions – Adoption by reference.
ARTICLE IX. CATEGORICAL EXEMPTIONS
16.04.230 Adoption by reference.
ARTICLE X. AGENCY COMPLIANCE
16.04.240 Adoption by reference.
16.04.250 Environmentally critical areas and areas of special flood hazard.
16.04.260 Fees.
ARTICLE XI. FORMS
16.04.270 Adoption by reference.
ARTICLE I. AUTHORITY
16.04.010 Authority.
The city adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120 and the SEPA rules, WAC 197-11-904. This chapter contains this city’s SEPA procedures and policies. The SEPA rules, chapter 197-11 WAC, must be used in conjunction with this chapter. [Ord. 599 § 1, 1984.]
ARTICLE II. GENERAL REQUIREMENTS
16.04.020 General requirements – Adoption by reference.
This section contains the basic requirements that apply to the SEPA process. Land use review procedures provided in chapter 18.56 DMMC (Land use review procedures) shall apply in addition to the provisions within this title. The city adopts the following sections of chapter 197-11 WAC, as presently constituted or as may be subsequently amended, 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 of actions during SEPA process.
197-11-080 Incomplete or unavailable information.
197-11-090 Supporting documents.
197-11-100 Information required of applicants.
197-11-158 GMA project review – Reliance on existing plans, laws and regulations.
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 actions.
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. 1217 § 1, 1998: Ord. 1174 § 29, 1996; Ord. 599 § 2(A), 1984.]
16.04.030 Definitions – Additional.
(1) In addition to those definitions contained within WAC 197-11-220 and 197-11-700 through 197-11-799, as presently constituted or as may be subsequently amended, when used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
(2) “Advisory body” means a body established by ordinance of the city council whose responsibilities include making recommendation to the city council on actions subject to SEPA.
(3) “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).
(4) “Proponent” means an agency or private applicant proposing an action subject to SEPA. For purposes of agency contact the proponent means the contact person on the environmental checklist, or agency designated for that purpose by the agency or private applicant.
(5) “SEPA rules” means chapter 197-11 WAC adopted by the State Department of Ecology, as presently constituted or as may be subsequently amended. [Ord. 1217 § 2, 1998: Ord. 993 § 19, 1992: Ord. 599 § 2(B), 1984.]
16.04.040 Designation of responsible official.
(1) For those proposals for which the city is the lead agency, the responsible official shall be the community development director.
(2) 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 sections of the SEPA rules that were adopted by reference in WAC 173-806-020.
(3) The city shall retain all documents required by the SEPA rules and make them available in accordance with chapter 42.17 RCW. [Ord. 1217 § 3, 1998: Ord. 599 § 2(C), 1984.]
16.04.050 Lead agency – Determination and responsibilities.
(1) 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, 197-11-253, and 197-11-922 through 197-11-940; unless the lead agency has been previously determined or the department is aware that another agency is in the process of determining the lead agency.
(2) 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. The responsible official shall not 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.
(3) 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 197-11-253 or 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 responsible official.
(4) The responsible official is 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.
(5) The responsible official 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.
(6) When the city is the lead agency for a MTCA remedial action, the Department of Ecology shall be provided an opportunity under WAC 197-11-253(5) to review the environmental documents prior to the public notice being provided. If the SEPA and MTCA documents are issued together with one public comment period under WAC 197-11-253(6), the city shall decide jointly with Ecology which agency receives the comment letters and how copies of the comment letters will be distributed to the other agency. [Ord. 1217 § 4, 1998: Ord. 599 § 2(D), 1984.]
16.04.060 Lead agency – Transfer to state agency.
For any proposal for a private project where the city would be the lead agency and for which one or more state agencies have jurisdiction, the city’s responsible official may elect to transfer the lead agency to a state agency. The state agency with jurisdiction appearing first on the priority listing in WAC 197-11-936 shall be the lead agency and the city shall be an agency with jurisdiction. To transfer lead agency duties, the city’s responsible official must transmit a notice of the transfer together with any relevant information available on the proposal to the appropriate state agency with jurisdiction. The responsible official of the city shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. [Ord. 599 § 2(E), 1984.]
16.04.070 Document schedule.
For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the city’s staff recommendation to any appropriate advisory body, such as the planning agency. [Ord. 1217 § 5, 1998: Ord. 599 § 2(F), 1984.]
ARTICLE III. CATEGORICAL EXEMPTIONS – THRESHOLD DETERMINATIONS
16.04.080 EIS required when – Adoption by reference.
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 section also contains rules for evaluating the impacts of proposals not requiring an EIS. The city adopts the following sections, as presently constituted or as may be subsequently amended, by reference, as supplemented in this section:
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. 1217 § 6, 1998: Ord. 1174 § 30, 1996; Ord. 599 § 3(A), 1984.]
16.04.090 Use of exemptions.
(1) Each department within the city that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the license 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 en exempt proposal.
(2) In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental license required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department’s consideration is exempt.
(3) 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:
(a) The city shall not give authorization for:
(i) Any nonexempt action;
(ii) Any action that would have an adverse environmental impact; or
(iii) Any action that would limit the choice of alternatives.
(b) The responsible official 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
(c) The responsible official 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. 599 § 3(B), 1984.]
16.04.100 Environmental checklist.
(1) A completed environmental checklist shall be filed at the same time as an application for a permit, license, certificate, or other approval not 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 for making the threshold determination.
(2) For private proposals, the city will require the applicant to complete the environmental checklist, providing assistance as necessary. For city proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.
(3) The city may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs:
(a) The city has technical information on a question or questions that is unavailable to the private applicant; or
(b) The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.
(4) The city may request that the applicant include supplemental studies with the environmental checklist if the responsible official determines that such studies are necessary to adequately assess the environmental impacts of a proposal. If mutually agreed to by the city and the applicant, supplemental studies may be contracted for directly by the city and funded by the applicant using the procedures set forth in DMMC 16.04.130(3) and (4). [Ord. 847 § 1, 1990: Ord. 599 § 3(C), 1984.]
16.04.110 Mitigated DNS.
(1) As provided in this article 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.
(2) An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:
(a) Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and
(b) Precede the city’s actual threshold determination for the proposal.
(3) The responsible official should respond to the request for early notice within 15 working days. The response shall:
(a) Be written;
(b) 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
(c) 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.
(4) As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
(5) 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 changed or clarified proposal:
(a) 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).
(b) 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.
(c) The applicant’s proposed mitigation measures (clarifications, changes, or conditions) must be writing and must be specific.
(6) A mitigated DNS is issued under WAC 197-11-340(2), requiring a comment period and public notice, or WAC 197-11-355, which may require no additional comment period beyond the comment period on the notice of application.
(7) 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.
(8) 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).
(9) The city’s written response under subsection (2) 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. 1217 § 7, 1998: Ord. 599 § 3(D), 1984.]
ARTICLE IV. ENVIRONMENTAL IMPACT STATEMENT (EIS)
16.04.120 Preparation of EIS – Adoption by reference.
This part contains the rules for preparing environmental impact statements. The city adopts the following sections, as presently constituted or as may be subsequently amended, by reference, as supplemented by this part:
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.
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 considerations.
197-11-450 Cost-benefit analysis.
197-11-455 Issuance of DEIS.
197-11-460 Issuance of FEIS.
[Ord. 1217 § 8, 1998: Ord. 599 § 4(A), 1984.]
16.04.130 Preparation of EIS – Additional provisions.
(1) Preparation and content of draft and final EISs (DEIS and FEIS), and 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.
(2) The DEIS and FEIS or draft and final SEIS shall be prepared by city staff or by a consultant selected by the city. The community development department shall contract with consultants as necessary for the preparation of an EIS. The cost of preparing an EIS shall be borne entirely by the applicant. 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 notify the applicant of the city’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.
(3) Consultants or subconsultants selected by the city to prepare environmental documents for a private development proposal shall not:
(a) Act as agents for the applicant in preparation or acquisition of associated underlying permits; or
(b) Have a financial interest in the proposal for which the environmental document is being prepared; or
(c) Perform any work or provide any services for the applicant in connection with or related to the proposal; or
(d) Perform, contract for, or agree to perform any other work or provide any other services for the applicant while working on the environmental documents for the proposal.
(4) The community development department shall establish and maintain one or more lists of qualified consultants who are eligible to receive contracts for preparation of environmental documents. Separate lists may be maintained to reflect specialized qualifications or expertise. When the community development department requires consultant services to prepare an EIS, the applicant shall select two or three candidates from the appropriate consultant list(s) and submit the names of those candidates to the community development department for consideration to prepare the EIS. The community development department shall interview the candidate consultants, select the most qualified consultant and negotiate a contract for services. In the event that two or more of the candidate consultants are qualified to prepare the EIS, the community development department will negotiate with each consultant and select the consultant who can prepare the EIS at the lowest cost to the applicant. The community development director shall promulgate administrative rules that establish processes to:
(a) Create and maintain a qualified consultant list;
(b) Add consultants to the list; and
(c) Remove consultants from the list. [Ord. 847 § 2, 1990: Ord. 599 § 4(B), 1984.]
16.04.140 Additional elements to be covered.
The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under this chapter:
(1) Economy;
(2) Social policy analysis;
(3) Cost-benefit analysis. [Ord. 599 § 4(C), 1984.]
ARTICLE V. COMMENTING
16.04.150 Rules – Adoption by reference.
This part 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, as presently constituted or as may be subsequently amended, by reference, as supplemented in this part:
WAC
197-11-500 Purpose of this part.
197-11-502 Inviting comment.
197-11-504 Availability and cost of environmental documents.
197-11-508 SEPA register.
197-11-510 Public notice.
197-11-535 Public hearings and meetings.
197-11-545 Effect of no comment.
197-11-550 Specificity of comments.
197-11-560 FEIS response to comments.
197-11-570 Consulted agency costs to assist lead agency.
[Ord. 1217 § 9, 1998: Ord. 599 § 5(A), 1984.]
16.04.160 Public notice procedure – Notice of DNS, mitigated DNS, or DS.
Whenever the city issues a DNS under WAC 197-11-340(2), a mitigated DNS under WAC 197-11-350(3), or a DS under WAC 197-11-360(3), the public notice of these actions shall be given as follows:
(1) Signs Required for Site-Specific Proposals. Applicants shall post one or more large signs on the subject property giving public notice of a proposed action as set forth in this subsection.
(a) Size. All signs shall be four feet by eight feet in size.
(i) Single-Family Residential Zone. All signs shall be two feet by four feet in size.
(ii) All Other Zones. All signs shall be four feet by eight feet in size.
(b) Number of Signs. One public notice sign shall be required per street frontage. In case of large parcels or street frontages exceeding 500 feet, the SEPA official may require the posting of additional signs.
(c) Location. Signs shall be located on the site of the proposed action, set back at least 10 feet from a public right-of-way or private road or easement as applicable, and shall be situated to maximize readability by the public from public rights-of-way. A sign may be located within the 10-foot setback, if determined necessary by the SEPA official to provide adequate visibility.
(d) Duration of Installation. Public notification signs shall be installed at the time the DNS, mitigated DNS, or DS is issued. Signage shall remain in place until the final decision on the underlying governmental action. Any required signage installed shall not be removed until the city has taken action on the application and the time for filing an appeal of that action has expired. If an application is denied, any required signage shall remain in place unless the applicant has informed the SEPA official, in writing, of their intent not to appeal.
(e) Alternative Signage.
(i) Finding of Necessity. Upon a finding of necessity by the SEPA official, the applicant may employ an alternative to the large sign requirement. Ten signs of a dimension of 11 inches by 17 inches may be posted within 300 feet of the site and at the closest street intersections, subject to the consent of any affected property owner, when one or more of the following conditions exist and the intent of this section is met:
(A) The applicant is not the property owner, and the property owner does not consent to the proposal.
(B) The site is subject to physical characteristics such as steep slopes, wetlands, submerged lands, or thick vegetation, or is located such that the large sign would not be highly visible to neighboring residents and property owners or interested citizens.
(ii) Small Sign Discretion. The SEPA official is further granted discretion to permit one or more signs of a dimension of 11 inches by 17 inches as an alternative to the large sign requirement when the following conditions exist and the intent of this section is met:
(A) Where, in the opinion of the SEPA official, the project is of a substantially minor nature; and
(B) In the opinion of the SEPA official, adequate public notice would be rendered by employment of one or more signs of a dimension of 11 inches by 17 inches as an alternative to the large sign requirement.
(f) Additional Signage May Be Required. The SEPA official may require both large signs and the alternative posting measures described in subsection (1)(e) of this section, or may require that more than one large sign be posted, when necessary to assure that notice is clearly visible to the public.
(g) Affidavit of Certification-Signage. The applicant shall file an affidavit of certification-signage with the SEPA official stating that the signs as required by this subsection were installed on the subject property. The affidavit shall be in a form prescribed by the SEPA official. The affidavit of certification-signage shall be filed not less than 14 days prior to either the date of any scheduled hearing or the date by which the public may submit comments on the application, whichever is sooner. If the affidavit is not filed as required in this subsection, any scheduled hearing, or date by which the public may comment on the application, shall be postponed or extended in order to comply with this section.
(h) Removal of Signs. In any event, any required signage must be removed by the applicant within seven days following the last day that an appeal of the action could be filed. If not so removed by the applicant, any required signage shall be removed by the city at the applicant’s expense. By filing an application subject to the provisions of this section, the applicant consents to city personnel going upon the applicant’s property for the purpose of removing any signage required by this section.
(i) Cash Deposit. The amount of $100.00 shall be deposited by the applicant upon filing of any of the applications specified in this section to assure removal of any required signage in accordance with this subsection. This deposit shall be refunded if signs are timely removed in accordance with this subsection. If signs are not so removed, such deposit shall be forfeited to the city and shall be used to cover the expenses of removal by the city.
(j) Sign Code Exemption. Any required signage is exempt from the requirements of the sign code, chapter 18.42 DMMC.
(k) Design Requirements. The SEPA official shall specify detailed design requirements for any required signage, including materials, stroke width, lettering, color, format, and other design characteristics.
(2) Bulletin Boards. Notice shall be posted by the city at the official city posting places and on the indoor bulletin boards at the city planning, engineering, and public works building.
(3) Interested Groups. The city shall notify in writing public agencies, private groups, or individuals who have expressed interest in a certain project.
(4) Newspaper. Notice shall be published in the official city newspaper.
(5) Property Owners and Occupants/Tenants. For site-specific proposals, the city shall notify in writing all property owners and occupants/tenants within a 300-foot radius of the exterior boundaries of the subject property of the project proposal. If any portion of an apartment or condominium complex lies within the 300-foot radius, all occupants/tenants and property owners shall be given public notice. The applicant shall provide the SEPA official with a complete list of the names, parcel numbers, and taxpayer’s mailing addresses as shown in the records of the King County assessor to within 45 days of initial application submittal of all such properties and mailing addresses for all occupants/tenants, certifying the same as a full and complete list under penalty of perjury. Occupants/tenants shall be addressed as “Occupant/Tenant” and by unit in a multiple-unit building but need not be identified by name. Property owners shall be identified by name. The form and wording of the written notice shall be prescribed by the SEPA official. The mailing labels submitted to the city shall only be valid for 180 days from the date of notification of complete application issued by the city as required by chapter 18.56 DMMC. Once the 180 days have passed, the applicant shall be required to submit new mailing labels based on the records of the King County assessor at that time. The SEPA official shall provide the applicant with city envelopes. Thereafter, it shall be the responsibility of the applicant to insert the written notices, and address envelopes with the correct mailing address, stamp, and seal the envelopes and return them to the SEPA official. The applicant shall be responsible for payment of all costs connected with such notice, including but not limited to postage, envelopes, letterhead, and notice reproduction.
The SEPA official shall be responsible for taking the written notices to the post office for delivery. [Ord. 1426 § 1, 2008: Ord. 766 § 1(part), 1988: Ord. 599 § 5(B)(part), 1984.]
16.04.161 Public notice procedure – Notice of DS scoping procedure.
Whenever the city issues a DS under WAC 197-11-360(3), notice of the scoping procedure for the proposal as required in WAC 197-11-408 shall be given in the manner of public notice required by DMMC 16.04.160. [Ord. 766 § 1(part), 1988: Ord. 599 § 5(B)(part), 1984.]
16.04.162 Public notice procedure – Notice of DEIS and draft SEIS.
Whenever the city issues a DEIS under WAC 197-11-455(5) or a draft SEIS under WAC 197-11-620, notice of these documents and their availability shall be given as follows:
(1) Public Hearings. Any required public hearing notice shall indicate the availability of the DEIS or the SEIS.
(2) No Public Hearing. For applications not requiring a public hearing, the following public notice requirements shall apply:
(a) Posting notice in accordance with DMMC 16.04.160(2);
(b) Notifying interested groups and agency mailing lists in accordance with DMMC 16.04.160(3);
(c) Publishing notice in the official city newspaper in accordance with DMMC 16.04.160(4); and
(d) Notifying property owners and occupants/tenants in accordance with DMMC 16.04.160(5). [Ord. 766 § 1(part), 1988: Ord. 599 § 5(B)(part), 1984.]
16.04.163 Public notice procedure – Content of notice.
The public notice required under this section shall contain such of the following information as the SEPA official determines is applicable:
(1) Name of the applicant and the project;
(2) Address of the project;
(3) Legal description of subject property (not required on signage);
(4) Brief description of proposed use;
(5) Date, time, and place of public hearing on the proposal if a hearing is required. The notice shall display the date by which and place at which the public may submit comments to the city on the proposal. The notice shall display whether a DNS, mitigated DNS, or DS has been issued, their availability, and when comments are due, and the scoping procedure for the DS. The notice shall state that any person may appear or be heard and that written comments will be accepted and made part of the record, and state that the hearing will be held in accordance with the rules of procedure of the hearing body;
(6) The name, address, and office telephone number of the person within the community development department or other city department from whom additional information may be obtained;
(7) Drawings showing the property affected by the proposed action;
(8) Other information as required by the SEPA official. [Ord. 766 § 1(part), 1988: Ord. 599 § 5(B)(part), 1984.]
16.04.164 Public notice procedure – Timing of notices.
(1) Signs, Bulletin Boards and Newspaper Publication for Site-Specific Proposals. In the case of site-specific proposals the notification required under DMMC 16.04.160(2), (3), and (4) of this section shall be made after the affidavit certifying compliance with the notification requirements of DMMC 16.04.160(1) and (5) and the list of names, addresses, and mail-ready envelopes required by DMMC 16.04.160(1) have been received by the SEPA official.
(2) When an open record public hearing is required and chapter 16.04 DMMC requires public notice of a threshold determination, the community development director shall issue the threshold determination at least 25 days prior to the open record public hearing. The purpose of this requirement is to allow for expiration of the 15-day comment period and the 10-day appeal period related to the SEPA determination prior to the public hearing. In the event an appeal of the SEPA determination is filed, the public hearing shall also constitute an open record appeal hearing. The community development director may request that the combined public hearing and appeal hearing be continued in order to allow parties to the appeal to prepare appeal arguments.
(3) For applications or proposals subject to the shoreline master program, notice shall be published in the official city newspaper once each week for two consecutive weeks, with the last publication date no less than 30 days prior to the public hearing. [Ord. 1174 § 31, 1996; Ord. 766 § 1(part), 1988: Ord. 599 § 5(B)(part), 1984.]
16.04.165 Public notice procedure – Comment period.
(1) DNS or Mitigated DNS. Once a DNS or mitigated DNS is issued, the SEPA official shall provide a 15-day public comment period prior to taking any action on the application.
(2) DS. When a DS is issued, the SEPA official shall invite comments on the scope of an EIS for a minimum period of 21 days.
(3) DEIS or SEIS. Once a DEIS or a draft SEIS is issued, the SEPA official shall provide a 30-day public comment period prior to taking any action on the application or proposal.
(4) Shoreline Permits. For applications or proposals subject to the shoreline master program, the SEPA official shall provide a 30-day public comment period prior to public hearing or taking any action on the application or proposal. [Ord. 766 § 1(part), 1988: Ord. 599 § 5(B)(part), 1984.]
16.04.166 Public notice procedure – Coordination of required notices.
(1) Whenever possible, the city shall integrate the public notice required under this section with existing notice procedures. In the case of a conflict, the notice requirements provided in this section shall prevail.
(2) If an environmental document as defined by WAC 197-11-744 is issued concurrently with the notice of application, the public notice requirements for the notice of application in RCW 36.70B.110(4) will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1).
(3) If a DNS is issued using the optional DNS process, the public notice requirements for a notice of application in RCW 36.70B.110(4) as supplemented by the requirements in WAC 197-11-355 will suffice to meet the SEPA public notice requirements in WAC 197-11-510(b).
(4) Public notice for projects that qualify as planned actions shall be tied to the underlying permit as specified in WAC 197-11-172(3). [Ord. 1217 § 10, 1998: Ord. 766 § 1(part), 1988: Ord. 599 § 5(B)(part), 1984.]
16.04.167 Public notice procedure – Public notice costs.
The applicant shall be responsible for all public notice costs incurred by the city for public notice requirements stated in this chapter. [Ord. 766 § 1(part), 1988: Ord. 599 § 5(B) (part), 1984.]
16.04.170 Consulted agency – Official designated.
(1) 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.
(2) This 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 response to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city. [Ord. 599 § 5(C), 1984.]
ARTICLE VI. EXISTING ENVIRONMENTAL DOCUMENTS
AND PLANNED ACTIONS
16.04.180 Use.
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, as presently constituted or as may be subsequently amended, by reference:
WAC
197-11-164 Planned actions – Definition and criteria.
197-11-168 Ordinances or resolutions designating planned actions – Procedures for adoption.
197-11-172 Planned actions – Project review.
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. 1217 § 11, 1998: Ord. 599 § 6, 1984.]
16.04.185 Planned actions.
(1) The city endorses the procedures in the SEPA rules adopted in this article for project proposal review as a “planned action” and will apply the provisions of WAC 197-11-164 through 197-11-172 to projects which meet the criteria for planned action environmental review under RCW 43.21C.031.
(2) Where a project proposal meets the requirements and criteria for a planned action set forth in WAC 197-11-164 through 197-11-172, and any planned action ordinance adopted by the city, the responsible official shall not be required to issue a threshold determination or EIS under the provisions of this chapter.
(3) Nothing in this section limits the city from using this chapter or other applicable law to place conditions on the project in order to mitigate nonsignificant impacts through the normal project review and permitting process.
(4) Public notice for projects that qualify as planned actions shall be tied to the underlying permit. If notice is otherwise required for the underlying permit, the notice shall state that the project has qualified as a planned action. If notice is not otherwise required for the underlying permit, no special notice is required. [Ord. 1298 § 2, 2001.]
ARTICLE VII. SEPA AND AGENCY DECISIONS
16.04.190 Adoption by reference.
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 agencies or the courts. The city adopts the following sections, as presently constituted or as may be subsequently amended, 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. 1217 § 12, 1998: Ord. 599 § 7(A), 1984.]
16.04.200 Substantive authority – Conditions – Denial – Policies.
(1) The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city.
(2) The city may attach conditions to a permit for approval for a proposal so long as:
(a) Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and
(b) Such conditions are in writing; and
(c) The mitigation measures included in such conditions are reasonable and capable of being accomplished; and
(d) The city has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and
(e) Such conditions are based on one or more of the policies or policy sources identified in subsection (4) of this section and cited in the license or other decision document.
(3) The city may deny a permit or approval for a proposal on the basis of SEPA so long as:
(a) 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
(b) A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and
(c) The denial is based on one or more policies or policy sources identified in subsection (4) of this section and identified in writing in the decision document.
(4) The city designates and adopts by reference the following policies as the basis for the city’s exercise of authority pursuant to this section:
(a) 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:
(i) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; and
(ii) Assure for all people of the state safe, healthful, productive, and aesthetically and culturally pleasing surroundings; and
(iii) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; and
(iv) Preserve important historic, cultural, and natural aspects of our national and local heritage; and
(v) Maintain, wherever possible, an environment that supports diversity and variety of individual choice; and
(vi) Achieve a balance between population and resource use that will permit high standards of living and a wide sharing of life’s amenities; and
(vii) Enhance the quality of renewable resources and approach the maximum attainable recycling of nonrenewable resources.
(b) 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.
(c) The city’s substantive SEPA authority to condition or deny projects, proposals or connected actions shall be exercised on the basis of the regulations, plans, studies, reports or codes identified in the following subsection (4)(d), each of such items being adopted and/or reaffirmed by this reference.
(d) The city formally designates the following regulations, plans, studies, reports or codes, as presently constituted or as may be amended, as possible bases for the exercise of authority pursuant to the State Environmental Policy Act of 1971 as amended:
(i) City of Des Moines Comprehensive Plan;
(ii) Greater Des Moines Comprehensive Park and Recreation Plan;
(iii) Des Moines Shoreline Master Program;
(iv) The Des Moines Municipal Code;
(v) Sea-Tac International Airport Impact Mitigation Study, February 1997, prepared by Hellmuth, Obata and Kassabaum, Inc., and Raytheon Infrastructure Services, Inc., under a grant from the state of Washington;
(vi) City of Des Moines Comprehensive Transportation Plan, as revised on August 18, 1993;
(vii) Washington State Department of Transportation Pavement Guide, February 1995;
(viii) Highway Capacity Manual, Special Report 209, Transportation Research Board, 1985;
(ix) City of Des Moines Street Development Standards, 1996 Edition;
(x) Institute of Transportation Engineers, Trip Generation, 5th Edition, 1991;
(xi) City of Des Moines Comprehensive Storm Water Management Plan, December 1991;
(xii) Lower Massey Creek Alternative Analysis, August 1994;
(xiii) Des Moines Creek Basin Plan, November 1997, prepared by the Des Moines Creek Basin Committee (city of Des Moines, city of SeaTac, King County and Port of Seattle);
(xiv) Surface Water Management Plan, city of Normandy Park, November 1992;
(xv) King County Surface Water Design Manual, revised November 1995;
(xvi) Stormwater Management Manual for the Puget Sound Basin, Washington State Department of Ecology, February 1992;
(xvii) King County Stormwater Pollution Control Manual, Best Management Practices for Businesses, July 1995;
(xviii) Massey Creek Comprehensive Flood Control Management Plan for the city of Des Moines, June 1990;
(xix) North Fork of Smith Creek Drainage Basin Study for the city of Des Moines, June 1987;
(xx) Executive Proposed Basin Plan Hylebos Creek and Lower Puget Sound, King County Surface Water Management, July 1991;
(xxi) Shoreline Management Guide Book;
(xxii) Code of the King County Board of Health;
(xxiii) Washington State Flood Reduction Plan (1993 DCD);
(xxiv) Guide to Conducting Wetland Inventories (DOE);
(xxv) Washington State Shoreline Management Act of 1971;
(xxvi) Standard Specification for Construction of Trails (Forest Service 1984);
(xxvii) Puget Sound Water Quality Management Plan;
(xxviii) King County Division of Parks and Recreation Play Area Design and Inspection Handbook; and
(xxix) Planning documents not specifically listed above but referenced in the environmental analysis of the city’s comprehensive plan, Chapter 15.1.
(e) It is the city’s policy to protect its residents and businesses from the long-term consequences of successive incremental negative environmental impacts associated with a specific proposal or its connected action(s). Accordingly, the city may condition or deny proposals in order to mitigate or prevent such long-term impacts.
(f) Unusual circumstances related to a site, a proposal, or a connected action, as well as probable significant adverse environmental impacts not capable of adequate mitigation using the foregoing provisions, may be cause for denial of a proposal or development of site-specific or project-specific SEPA mitigation. [Ord. 1203 § 1, 1997: Ord. 1147 § 1, 1995: Ord. 1014 § 1, 1993: Ord. 599 § 7(B), 1984.]
16.04.210 Agency SEPA appeals.
(1) Definitions.
(a) Use of Words and Phrases. As used in this section, unless the context or subject matter clearly requires otherwise, the words and phrases defined in this section shall have the indicated meanings.
(b) “Agency” means the city of Des Moines.
(c) “Appeal” means the process by which a SEPA determination is contested.
(d) “SEPA determination” means a SEPA procedural determination or a SEPA substantive determination.
(e) “SEPA procedural determination” includes the adequacy of a determination of significance/nonsignificance or of a final environmental impact statement.
(f) “SEPA substantive determination” includes a decision to require particular mitigation measures or to deny a proposal.
(g) “Underlying governmental action” means the final decision of the agency on a proposal.
(2) The appeal described in this section is mandatory. Failure to comply strictly with the requirements of this section is considered a failure to exhaust administrative remedies and shall foreclose any further agency or judicial appeal.
(3) The appeal is initiated by filing a written appeal with the city clerk within 10 days of the date the SEPA determination is final. In the case of an appeal to the hearing examiner, the appeal will not be considered filed unless accompanied by the appropriate fee.
(4) The written appeal shall contain the following:
(a) A description of the determination being appealed, including the file number;
(b) The name and address of the appellant; and
(c) A detailed statement identifying specifically the reasons why the appellant considers the SEPA determination to be inadequate.
(5) There shall be a single agency appeal of a SEPA determination:
(a) If the underlying governmental action is taken by the city council, the appeal is heard by the city council and is consolidated with the consideration of the underlying governmental action.
(b) If the underlying governmental action is taken by the hearing examiner, the appeal is heard by the hearing examiner and is consolidated with the consideration of the underlying governmental action.
(c) If the underlying governmental action is administrative, the appeal is heard by the hearing examiner.
(d) If the appeal is from a determination of significance, the appeal is heard under all circumstances by the Superior Court of Washington for King County as specified by chapter 36.70C RCW.
(6) An appeal taken to the hearing examiner is considered an appeal from an administrative decision and is processed accordingly under the provisions of the hearing examiner code, except the decision of the hearing examiner is final and is not appealable to the city council.
(7) Procedural determinations made by the responsible SEPA official shall be entitled to substantial weight.
(8) An adequate record shall be made of all appeals taken under this section. An adequate record consists of findings and conclusions, testimony under oath, and taped or written transcripts.
(9) The city shall give official notice under WAC 197-11-680(5) when it issues a permit or a decision for which a statute or ordinance establishes a time limit for commencing judicial appeal. [Ord. 1217 § 13, 1998: Ord. 1147 § 2, 1995: Ord. 902 § 1, 1991: Ord. 770 § 56, 1988: Ord. 599 § 7(C), 1984.]
ARTICLE VIII. DEFINITIONS
16.04.220 Definitions – Adoption by reference.
This section contains uniform usage and definitions of terms under SEPA. The city adopts the following sections, as presently constituted or as may be subsequently amended, 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.
197-11-721 Closed record appeal.
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.
197-11-775 Open record hearing.
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 agency.
197-11-799 Underlying governmental action.
[Ord. 1217 § 14, 1998: Ord. 599 § 8, 1984.]
ARTICLE IX. CATEGORICAL EXEMPTIONS
16.04.230 Adoption by reference.
The city adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including WAC 173-806-070 (Flexible thresholds), 173-806-080 (Use of exemptions), and 173-806-190 (Critical areas), as presently constituted or as may be subsequently amended:
WAC
197-11-800 Categorical exemptions;
except that the following flexible thresholds specified in WAC 197-11-800(b) shall be adopted by the city as provided for under WAC 197-11-800(1)(c) when a development action does not occur within any environmentally critical area as defined and regulated in chapter 18.86 DMMC:
(1) The construction or location of multifamily development containing up to 15 dwelling units;
(2) The construction of an office, school, commercial, recreational, service or storage building with 10,000 square feet of gross floor area or less, and with associated parking facilities designed for up to 35 automobiles;
(3) The construction of a parking lot designed for up to 35 automobiles;
(4) Any landfill or excavation of up to 300 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.
WAC
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions.
[Ord. 1388 § 1, 2006: Ord. 1217 § 15, 1998: Ord. 599 § 9, 1984.]
ARTICLE X. AGENCY COMPLIANCE
16.04.240 Adoption by reference.
This article contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating categorical exemptions that do not apply within critical areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The city adopts the following sections, as presently constituted or as may be subsequently amended, by reference:
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 Agreements 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. 1217 § 16, 1998: Ord. 599 § 10(A), 1984.]
16.04.250 Environmentally critical areas and areas of special flood hazard.
(1) The city has selected certain categorical exemptions that will not apply in one or more critical areas identified in the critical areas ordinances required under RCW 36.70A.060. The city’s environmentally critical areas regulations (chapter 18.86 DMMC) were prepared pursuant to RCW 36.70A.060. Within environmentally critical areas as defined in chapter 18.86 DMMC and areas of special flood hazard as defined in chapter 14.44 DMMC, the following exemptions within WAC 197-11-800 that are inapplicable are: WAC 197-11-800(1); (2)(a) through (h); (5); (6)(a); (24)(a) through (g); and (25)(h), (i).
(2) The scope of environmental review of actions within environmentally critical areas shall be limited to:
(a) Documenting whether the proposal is consistent with the requirements of chapter 18.86 DMMC, and
(b) Evaluating potentially significant impacts on the environmentally critical area not adequately addressed by Growth Management Act (GMA) planning documents and development regulations, if any, including any additional mitigation measures needed to protect the critical areas in order to achieve consistency with SEPA and with other applicable environmental review laws.
(3) All categorical exemptions not listed in subsection (1) apply whether or not the proposal will be located in an environmentally critical area. [Ord. 1217 § 17, 1998: Ord. 853 § 15, 1990: Ord. 599 § 10(B), 1984.]
16.04.260 Fees.
The city shall require fees for its activities as established by the city manager.
(1) Environmental Impact Statement.
(a) 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 a bond or otherwise ensure payment of such costs.
(b) The responsible official may determine that the city will contract directly with a consultant for preparation of the EIS, or 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 may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by the city after a call for proposals and consultation with the applicant.
(c) If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subdivision (a) or (b) of this subsection which remain after incurred costs are paid.
(2) The city may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal.
(3) The city may charge any person for copies of any documents prepared under this chapter, and for mailing the document, in a manner provided by chapter 42.17 RCW. [Ord. 1217 § 18, 1998: Ord. 599 § 10(C), 1984.]
ARTICLE XI. FORMS
16.04.270 Adoption by reference.
The city adopts the following forms and sections, as presently constituted or as may be subsequently amended, 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 and scoping notice (DS).
197-11-985 Notice of assumption of lead agency status.
197-11-990 Notice of action.
[Ord. 1217 § 19, 1998: Ord. 599 § 11, 1984.]