Chapter 18.04 ENVIRONMENTAL POLICY ACT

The city adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21.120 and the SEPA Rules, WAC 197-11-904. This chapter contains the city’s SEPA procedures and policies, SEPA Rules Chapter 197-11 WAC to be used in conjunction with this chapter. (Ord. 936 Exh. A, 1999).

18.04.020 Adoption of applicable WAC sections.

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.

197-11-158 GMA project review-reliance on existing plans and regulations.

197-11-210 SEPA/GMA integration.

197-11-220 SEPA/GMA definitions.

197-11-228 Overall SEPA/GMA integrations procedures.

197-11-230 Timing of on integrated GMA/SEPA process.

197-11-232 SEPA/GMA integration procedures for preliminary planning, environmental analysis and expanded scoping.

197-11-235 Documents.

197-11-238 Monitoring.

197-11-250 SEPA/Model Toxics Control Act integration (MTCA).

197-11-253 SEPA lead agency of 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. 936 Exh. A, 1999).

18.04.030 Definitions.

The city adopts those definition contained within CMC 18.04.230 and 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. “City” means the city of Cashmere, Washington.

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

C. “SEPA Rules” means Chapter 197-11 WAC adopted by the Department of Ecology.

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

E. “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). (Ord. 936 Exh. A, 1999).

18.04.040 Designation of responsible official.

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

B. For all proposals for which the city is the lead agency, the city administrator 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 section CMC 18.04.020.

C. The city shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW. (Ord. 936 Exh. A, 1999).

18.04.050 Lead agency determination and responsibilities.

A. The responsible official receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940; unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency.

B. When the city is the lead agency for a proposal, the department receiving 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, 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. The responsible official may initiate any such petition on behalf of the city.

D. The city 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.

E. When the responsible official makes a lead agency determination for a private project he/she shall require that sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal. (That is: Which agencies require nonexempt licenses?) (Ord. 936 Exh. A, 1999).

18.04.060 Transfer of lead agency status to a 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 duties 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. 936 Exh. A, 1999).

18.04.070 Additional timing considerations.

A. For nonexempt proposals, the DNS or draft EIS for the proposal shall accompany the city’s staff recommendation to any appropriate advisory body, such as the planning commission.

B. If the city’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications. (Ord. 936 Exh. A, 1999).

18.04.080 Flexible thresholds for categorical exemptions.

A. The city establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(b) based on local conditions:

1. For residential dwelling units in WAC 197-11-800(l)(b)(I) up to four dwelling units;

2. For agricultural structures in WAC 197-11-800(l)(b)(ii) up to 10,000 square feet;

3. For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(l)(b)(iii) up to 4,000 square feet and up to 20 parking spaces;

4. For parking lots in WAC 197-11-800(l)(b)(iv) up to 20 spaces;

5. For landfills and excavations in WAC 197-11-800(l)(b)(v) up to 500 cubic yards.

B. Whenever the city establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington 98505, under WAC 197-11-800(l)(c). (Ord. 936 Exh. A, 1999).

18.04.090 Categorical exemptions and threshold determinations.

The city adopts the following section of WAC 173-806-056 containing the rules for deciding whether a proposal has probably significant, adverse environmental impact requiring an environmental impact statement (EIS) to be prepared and rules for evaluating the impacts of proposals not requiring an EIS.

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. 936 Exh. A, 1999).

18.04.100 Use of exemptions.

A. 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 are exempt. The department’s determinations 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 applies 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 licenses 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 considerations 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 authorizations 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. 936 Exh. A, 1999).

18.04.110 Environmental checklist.

A. 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 the lead agency, for determining the responsible official and for making the threshold determination.

B. 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 the proposal.

C. 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:

1. The city has technical information on a question or questions that is unavailable to the private applicant; or

2. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration. (Ord. 936 Exh. A, 1999).

18.04.120 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 to, 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 15 working days. The response shall:

1. Be written;

2. State whether the city currently consider 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 changed 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 either WAC 197-11-340(2), requiring a 14-day comment period and public notice; or WAC 197-11-355(5), which may require no additional comment period beyond the comment period on the notice of application.

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. 936 Exh. A, 1999).

18.04.130 Environmental Impact Statement (EIS).

This part contains the rules for preparing environmental impact statements (EIS). The city adopts the following sections by reference, as supplemented by this part:

WAC

197-11-400 Purpose of EIS.

197-11-401 General requirements.

197-11-405 EIS types.

197-11-406 EIS timing.

197-11-407 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 content.

197-11-441 Contents of EIS on non-project proposals.

197-11-442 EIS contents when prior non-project EIS.

197-11-443 Elements of the environment.

197-11-448 Relationship of EIS to other considerations.

197-11-449 Cost-benefit analysis.

197-11-455 Issuance of DEIS.

197-11-460 Issuance of FEIS.

(Ord. 936 Exh. A, 1999).

18.04.140 Preparation of EIS – Additional considerations.

A. Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the responsible official of the department under which the action will be taken. 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 the city staff, the applicant, or by a consultant selected by the city or 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 also notify the applicant of the city’s procedure of 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. 936 Exh. A, 1999).

18.04.150 Commenting.

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 by reference, as supplemented in this part:

WAC

197-11-500 Purpose of this part.

197-11-501 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 comments.

197-11-550 Specificity of comments.

197-11-560 FEIS response to comments.

197-11-570 Consulted agency costs to assist lead agency.

(Ord. 936 Exh. A, 1999).

18.04.160 Public notice.

A. Whenever possible, the city shall 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.

B. Whenever the city issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3), the city shall give public notice as follows:

1. If a SEPA document is issued concurrently with the notice of application, the public notice requirements for the notice of applications will suffice to meet the SEPA public notice requirements.

2. If no public notice is otherwise required for the permit or approval, the city shall give notice of the DNS or DS by:

a. Posting the property, for site-specific proposals; or

b. Publishing notices in a newspaper of general circulation in the county, city, or general area where the proposal is located.

C. If a DNS is issued using the optional DNS process, the public notice requirements for the notice of application as supplemented by the requirements in WAC 197-11-355 will suffice to meet the SEPA public notice requirements.

D. Whenever the city issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-011-620, notice of the availability of those documents shall be given by:

1. Indicating the availability of the DEIS in any public notice required for a nonexempt license;

2. Posting the property, for site-specific proposals; or

3. Publishing notices in a newspaper of general circulation in the county, city, or general area where the proposal is located.

E. The city may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. (Ord. 936 Exh. A, 1999).

18.04.170 Designation of official to perform consulted agency responsibilities for the city.

A. The responsible official or his or her designee 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 responsible official or his or her designee 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. Responses from the consulted agency shall be derived from the department head of the agency with general responsibility or expertise in regard to the issue to be discussed. Written comments shall be forwarded to the lead agency prior to a threshold determination, participation in scoping, and reviewing a DEIS. (Ord. 936 Exh. A, 1999).

18.04.180 Using existing environmental documents.

This section contains rules of 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 by reference:

WAC

197-11-164 Planned actions – Definitions 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 Incorporations by reference – Procedures.

197-11-640 Combining documents.

(Ord. 936 Exh. A, 1999).

18.04.190 SEPA and agency decisions.

This section contains rules and policies for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This section also contains procedures for appealing SEPA determinations to agencies or the courts. The city adopts the following sections by reference:

WAC

197-11-650 Purpose of the section.

197-11-655 Implementation.

197-11-660 Substantive authority and mitigation.

197-11-680 Appeals.

(Ord. 936 Exh. A, 1999).

18.04.200 Substantive authority.

A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city.

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 probably adverse environmental impact identified in environmental documents prepared pursuant to this chapter; and

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 probably significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this chapter; and

2. The denial is based on one or more policies identified in subsection D of this section and 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 to individual choices;

f. 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 adopts by reference the goals, policies, and purposes in the following city documents:

City of Cashmere Comprehensive Land Use Plan;

Shoreline Master Program of the City;

City of Cashmere Comprehensive Water System Plan;

City of Cashmere Comprehensive Sewer Plan;

CMC Title 5, Business Taxes, Licenses and Regulations;

CMC Title 8, Health and Safety;

CMC Title 12, Streets, Sidewalks and Parks;

CMC Title 13, Public Utilities;

CMC Title 14, Development Code Administration;

CMC Title 15, Buildings and Construction;

CMC Title 16, Subdivisions;

CMC Title 17, Zoning.

E. Except for permits and variances issued pursuant to Chapter 15.40 CMC, Shoreline Master Program, when any proposal or action not requiring a decision of the Cashmere city council is conditioned or denied on the basis of SEPA by a non-elected official, the decision shall be appealable to the Cashmere city council. Such appeal may be perfected by the proponent or any aggrieved party by giving notice to the responsible official within 10 days of the decision being appealed. Review by the Cashmere city council shall be on a de novo basis. (Ord. 936 Exh. A, 1999).

18.04.210 Appeals.

A. The city establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:

1. Appeal of the intermediate steps under SEPA (e.g., lead agency determination, scoping, draft EIS adequacy) shall not be allowed.

2. Appeals on SEPA procedures shall be limited to review of a final threshold determination and final EIS. These appeals may occur prior to an agency’s final decision on a proposed action.

3. There shall be provided only one administrative appeal of a threshold determination or of the adequacy of an EIS; successive administrative appeals on these issues within the city are not allowed. This limitation does not apply to administrative appeals before another agency.

4. Except as provided in subsection (A)(5) of this section, the appeal shall consolidate any allowed appeals of procedural and substantive determinations under SEPA with a hearing or appeal on the underlying governmental action in a single simultaneous hearing before on hearing officer or body. The hearing or appeal shall be one at which the hearing officer or body will consider either the agency’s decision or a recommendation on the proposed underlying governmental action. For example, an appeal of the adequacy of an EIS must be consolidated with a hearing or appeal on the agency’s decision or recommendation on the proposed action, if both proceedings are allowed in agency procedures. If an agency does not provide for a hearing or appeal on the underlying governmental action (either a hearing on the agency’s recommendation or an agency appeal hearing after the decision is made), the agency may not hold a SEPA administrative appeal, except as allowed under subsection (A)(5) of this section.

5. The following appeal of SEPA procedural or substantive determination need not be consolidated with a hearing or appeal on the underlying governmental action:

a. An appeal of a determination of significance;

b. An appeal of a procedural determination made by the city when the city is a project proponent, or is funding a project, and chooses to conduct its review under SEPA, including any appeals of its procedural determination, prior to submitting an application for a project permit. Subsequent appeals of substantive determinations by an agency with jurisdiction over the proposed project shall be allowed under SEPA appeal procedures of the agency with jurisdiction;

c. An appeal of a procedural determination made by an agency of a nonproject action; and

d. An appeal to the local legislative authority under RCW 43.21C.060 or other applicable state statutes.

6. Because RCW 36.70B.110 applies to the city of Cashmere, and because the city is providing for an administrative appeal, any such appeal of a procedural or substantive determination under SEPA issued at the same time as the decision on a project action shall be filed within 14 days after a notice of decision under RCW 36.70B.130 or after other notice that the decision has been made appealable. In order to allow pubic comment on a DNS prior to requiring an administrative appeal to be filed, this appeal period shall be extended for an additional seven days if the appeal is of a DNS for which public comment is required under this chapter or under city rules adopted under SEPA. For threshold determinations issued prior to a decision on a project action, an administrative appeal allowed by the city shall be filed within 14 days after notice that the determination has been made and is appealable. Nothing in this subsection alters the requirement of subsection (4) or (5) of this section.

B. For any appeal under this subsection, the city shall provide for a record that shall consist of the following:

1. Findings and conclusions;

2. Testimony under oath; and

3. A taped or written transcript.

C. The procedural determination by the city’s responsible official shall carry substantial weight in any appeal procedure.

D. The city shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. (Ord. 936 Exh. A, 1999).

18.04.220 Notice/statute of limitations.

A. The city, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.

B. The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the city clerk or county auditor, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 936 Exh. A, 1999).

18.04.230 Definitions.

This part 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 Significant.

197-11-794 Significant.

197-11-796 State agency.

197-11-797 Threshold determination.

197-11-799 Underlying governmental action.

(Ord. 936 Exh. A, 1999).

18.04.240 Categorical exemptions.

The city adopts by reference the following rules for categorical exemptions, as supplemented in this chapter and except as otherwise set forth in this chapter, including WAC 173-806-070, Flexible Thresholds, WAC 173-806-080, Use of Exemptions, and WAC 173-806-190, Critical Areas:

WAC

197-11-800 Categorical exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to change exemptions.

(Ord. 936 Exh. A, 1999).

18.04.250 Agency compliance.

This section 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 area, 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 CMC 18.04.260, Fees.

WAC

197-11-900 Purpose of this part.

197-11-901 Agency SEPA policy.

197-11-916 Application of ongoing actions.

197-11-920 Agencies with environmental expertise.

197-11-921 Lead agency rules.

197-11-926 Lead agency for governmental proposals.

197-11-927 Lead agency for public and private proposals.

197-11-930 Lead agency for private project 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 city.

197-11-934 Lead agency for private projects requiring licenses from a local agency, not a 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. 936 Exh. A, 1999).

18.04.260 Fees.

The city shall adopt, by resolution, a schedule of fees for its activities in accordance with the provisions of this chapter:

A. Threshold Determination. For every environmental checklist which does not require public notice, which the city reviews as lead agency, the city shall collect a fee as specified by resolution from the proponent of the proposal prior to undertaking the threshold determination. For every environmental checklist which requires public notice, an additional advertising fee set by resolution shall be added to initial fees for each public notice which is required. Additional advertising fees shall be collected for draft EIS, final EIS notice, supplemental notice, public hearing notice for an EIS hearing which is not included in the DEIS notice and public notice for any appeal of a DS, DNS or FEIS. All fees shall be collected prior to initiation of any phase of the environmental review process. All fees may be incorporated in the quarterly billing for expenses in the case of an environmental impact statement. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fees are received. When the city assists with the environmental checklist at the applicant’s request or under CMC 18.04.110, an additional fee, specified by resolution shall be collected.

B. Environmental Impact Statement and Mitigated DNS.

1. When the city is the lead agency for a proposal requiring an EIS or a mitigated DNS and the responsible official determines that the document 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 document. The responsible official shall advise the applicant(s) of the projected costs for the documents prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.

2. For all proposals requiring an EIS or a mitigated DNS in which the city is the lead agency and for which the responsible official determines that an EIS or mitigated DNS shall be prepared, an initial fee set by resolution plus an additional amount equal to the actual cost of staff time and expenses incurred in supervision of the preparation of the document, shall be charged to the proponent on a monthly basis; provided, that such total fee shall not exceed $20,000 without express authorization from the city council.

3. The responsible official may determine that the city will contract directly with a consultant for preparation of an EIS, or a mitigated DNS, or a portion thereof, 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 elected by mutual agreement of the city and applicant after a call for proposals.

4. If a proposal is modified so that an EIS or mitigated DNS is no longer required, the responsible official shall refund any fees collected under subdivision 1 or 2 of this subsection which remain after incurred costs are paid.

C. The city shall 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.

D. The city shall not collect a fee for performing its duties as a consulted agency.

E. 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. 936 Exh. A, 1999).

18.04.270 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 and scoping notice (DS).

197-11-985 Notice of assumption of lead agency status.

197-11-990 Notice of action.

(Ord. 936 Exh. A, 1999).