Chapter 18.105


18.105.010    Purpose of this section and adoption by reference.

18.105.020    Additional definitions.

18.105.030    Designation of responsible official.

18.105.040    Lead agency determination and responsibilities.

18.105.050    Additional timing considerations.

18.105.010 Purpose of this section and adoption by reference.

This section contains the basic requirements that apply to the SEPA process. The city adopts the following sections of Chapter 197-11 of the Washington Administrative Code by reference:

    WAC 197-11-040    Definitions.

    -050    Lead agency.

    -060    Content of environmental review.

    -070    Limitations on actions during SEPA process.

    -080    Incomplete or unavailable information.

    -090    Supporting documents.

    -100    Information required of applicants.

    -158    GMA project review - Reliance on existing plans, laws, and regulations.

    -210    SEPA/GM integration. (WAC 197-11-210 through 197-11-235 optional; does not apply for non-GMA jurisdictions.)

    -220    SEPA/GMA definitions.

    -228    Overall SEPA/GMA integration procedures.

    -230    Timing of an integrated GMA/ SEPA process.

    -232    SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping.

    -235    Documents.

    -238    Monitoring. (optional)

    -250    SEPA/Model Toxics Control Act integration.

    -253    SEPA lead agency for MTCA actions.

    -256    Preliminary evaluation.

    -259    Determination of nonsignificance for MTCA remedial actions.

    -262    Determination of significance and EIS for MTCA remedial actions.

    -265    Early scoping for MTCA remedial actions.

    -268    MTC interim actions.

(Ord. 00-015 § 2 (part), 2000)

18.105.020 Additional definitions.

A.    In addition to those definitions contained within WAC 197-11-700 through 197-11-799 and 197-11-220, when used in this title, the following terms shall have the following meanings, unless the context indicates otherwise:

“Department” means any division, subdivision or organizational unit of the city established by ordinance, rule, or order.

“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).

“Ordinance” means the ordinance, resolution, or other procedure used by the city to adopt regulatory requirements.

“SEPA rules” means Chapter 197-11 WAC adopted by the Washington State Department of Ecology. (Ord. 00-015 § 2 (part), 2000)

18.105.030 Designation of responsible official.

A.    For those proposals for which the city is the lead agency, the responsible official shall be the planning director or his/her designee.

B.    For all proposals for which the city is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA rules that were adopted by reference in WAC 173-806-020.

C.    The city shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW.

D.    When the city is the proponent the responsible official may delegate the threshold determination authority to another agent or agency. (Ord. 00-015 § 2 (part), 2000)

18.105.040 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, 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 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 197-11-253 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 fifteen 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 fifteen-day time period. Any such petition on behalf of the city may be initiated by the responsible official.

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.

G.    When the city is 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 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 who receives the comment letters and how copies of the comment letters will be distributed to the other agency. (Ord. 00-015 § 2 (part), 2000)

18.105.050 Additional timing considerations.

A.    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 commission or hearing examiner.

B.    If the city’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications. The point at which environmental review may be initiated for specific permits or other licenses requiring detailed project plans and specifications is upon submittal of a technically complete application as defined by BGMC 17.200.050. (Ord. 00-015 § 2 (part), 2000)