Chapter 11.03
ENVIRONMENTAL POLICY*

Sections:

Part 1. General Requirements

11.03.010    Purpose and authority.

11.03.020    Purpose of this part and adoption by reference.

11.03.030    Designation of responsible official.

11.03.040    Lead agency determination and responsibilities.

11.03.050    Threshold determinations.

11.03.060    Same – Submission of determination of nonsignificance, draft environmental impact statement, final environmental impact statement.

Part 2. Categorical Exemptions and Threshold Determinations

11.03.200    Purpose of this part and adoption by reference.

11.03.210    Thresholds for categorical exemptions.

11.03.215    Categorical exemptions for residential mixed use and residential infill development.

11.03.220    Use of exemptions.

11.03.230    Environmental checklist.

11.03.240    Mitigated determination of nonsignificance.

Part 3. Environmental Impact Statement (EIS)

11.03.300    Purpose of this part and adoption by reference.

11.03.310    Preparation of environmental impact statements – Additional considerations.

11.03.320    Using existing environmental documents.

Part 4. Commenting

11.03.400    Adoption by reference.

11.03.410    Public notice.

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

Part 5. State Environmental Policy Act and Agency Decisions

11.03.500    Purpose of this part and adoption by reference.

11.03.510    Substantive authority.

11.03.520    Appeals.

11.03.530    Record on appeal.

11.03.540    Notice of action.

Part 6. Definitions

11.03.600    Purpose of this part and adoption by reference.

11.03.610    Additional definitions.

Part 7. Agency Compliance

11.03.700    Purpose of this part and adoption by reference.

11.03.710    Responsibility of agencies – State Environmental Policy Act public information.

11.03.720    Critical areas.

11.03.730    Fees.

*Cross reference(s) – Improvement plan approval and inspection, ch. 6.03; street and curb cuts, ch. 6.06; water, ch. 7.02; solid waste, ch. 7.03; sanitary sewers, ch. 7.04; storm water and surface water utility, ch. 7.05; surface water and drainage code, ch. 7.07; waste water facilities plan, ch. 7.09; underground installation of electrical or communication facilities, ch. 7.10; cable television communications, ch. 7.12; street utility, ch. 7.14; public nuisances, ch. 8.01; litter control, ch. 8.03; noise control, ch. 8.05; rodent control, ch. 8.06; requirements and standards for subdivisions, § 12.04.430; subdivisions, ch. 12.04; mobile home parks, ch. 12.05; recreational vehicle parks, ch. 12.06; flood hazard regulations, ch. 14.09; water quality in hazard area developments, § 15.08.220; water quality in hazard area development classifications and restrictions, § 15.08.224.

State law reference(s) – Environmental policy act, RCW 43.21C.010 et seq.

PART 1. GENERAL REQUIREMENTS

11.03.010 Purpose and authority.

The city adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120(3) and the SEPA rules, WAC 197-11-904, as the same may be amended.

(Ord. No. 2494; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.010)

11.03.020 Purpose of this part and adoption by reference.

This part contains the basic requirements that apply to the SEPA process. The city adopts the following sections and subsections of Chapter 197-11 WAC by reference:

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    SEPA/GMA project review – Reliance on existing plans, laws, and regulations.

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.

197-11-210    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    SEPA/GMA integration documents.

197-11-238    SEPA/GMA integration monitoring.

(Ord. No. 2494; Ord. No. 3424, § 7, 11-17-98; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.100)

11.03.030 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 the director’s designee.

B. The city shall retain all documents required by the SEPA rules, Chapter 197-11 WAC, and make them available in accordance with Chapter 42.56 RCW.

(Ord. No. 2494; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.110)

11.03.040 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 and WAC 197-11-922 through 197-11-944, 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 planning director shall determine the responsible official who shall supervise compliance with the threshold determination requirements and, if an environmental impact statement is necessary, shall supervise preparation of the environmental impact statement.

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 determination of nonsignificance or the final environmental impact statement of the lead agency in making decisions on the proposal. No city department shall prepare or require preparation of a determination of nonsignificance or environmental impact statement in addition to that prepared by the lead agency, unless required under WAC 197-11-600. The city may conduct supplemental environmental review under WAC 197-11-600.

D. If the city or any of its departments receive 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 fifteen (15) days of receipt of the determination, or the city must petition the State Department of Ecology for a lead agency determination under WAC 197-11-946 within the fifteen (15) day time period. Any such petition on behalf of the city may be initiated by the planning director.

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. The responsible official and any department that will incur responsibilities as the result of such agreement must approve the agreement.

F. Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal (that is, which agencies require nonexempt licenses).

(Ord. No. 2494; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.120)

11.03.050 Threshold determinations.

A. If the city has made a determination of significance (DS) under Chapter 43.21C RCW concurrently with the notice of application, the notice of application shall be combined with the DS and scoping notice. Nothing in this section prevents a DS and scoping notice from being issued prior to a notice of application.

B. The responsible official shall, by administrative rule, adopt and make available to the public written standards for determining when an application and supporting documentation are complete. The standards adopted by the responsible official shall be consistent with any rules adopted by the State Department of Ecology pertaining to the issuance of a threshold determination.

C. Except for a DS, and except as expressly allowed by RCW 36.70B.110, Laws of 1997 Ch. 429, the city shall not issue its threshold determination until the expiration of the public comment period on a notice of application subject to the requirements of Chapter 12.01 KCC.

(Ord. No. 2494; Ord. No. 3070, § 1, 10-6-92; Ord. No. 3424, § 8, 11-17-98; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.130)

11.03.060 Same – Submission of determination of nonsignificance, draft environmental impact statement, final environmental impact statement.

A. For nonexempt proposals, the determination of nonsignificance or final environmental impact statement for the proposal shall normally accompany the city’s staff recommendations to the land use and planning board or hearing examiner. The draft environmental impact statement for a proposal may accompany the city’s staff recommendations when a hearing pursuant to WAC 197-11-535 is held.

B. For any nonexempt proposal, the applicant must submit a completed environmental checklist. A checklist shall be submitted in conjunction with a permit application and detailed plans and specifications.

(Ord. No. 2494; Ord. No. 3424, § 9, 11-17-98; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.140)

PART 2. CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS

11.03.200 Purpose of this part and adoption by reference.

This part contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement to be prepared. This part also contains rules for evaluating the impacts of proposals not requiring an environmental impact statement and rules applicable to categorical exemptions. The city adopts the following sections of the Washington Administrative Code by reference, as supplemented in this chapter:

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.

197-11-800    Categorical exemptions.

197-11-880    Emergencies.

197-11-890    Petitioning DOE to change exemptions.

The city adopts the following section of the Revised Code of Washington by reference, as supplemented in this chapter:

43.21C.410    Battery charging and exchange station installation.

(Ord. No. 2494; Ord. No. 3424, § 10, 11-17-98; Ord. No. 3976, § 4, 10-19-10; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.200)

11.03.210 Thresholds for categorical exemptions.

A. The city establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(c) based on local conditions, for development located outside of the residential mixed use and residential infill development boundaries depicted in KCC 11.03.215(A) and the Downtown Planned Action Area adopted by Ordinance No. 4096:

1. For single-family residential dwelling units in WAC 197-11-800(1)(c): thirty (30) dwelling units or less.

2. For multifamily residential dwelling units in WAC 197-11-800(1)(c): sixty (60) dwelling units or less.

3. For agricultural structures in WAC 197-11-800(1)(c): forty thousand (40,000) square feet or less.

4. For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(c): buildings of thirty thousand (30,000) square feet or less and ninety (90) or fewer parking spaces.

5. For fill or excavations in WAC 197-11-800(1)(c): one thousand (1,000) cubic yards or less.

B. Whenever the city establishes new exempt levels under this section, it shall provide the documentation and notification under WAC 197-11-800(1)(c).

C. For exempt projects, the city shall follow the cultural resource protection procedures of KCC 11.03.215(F) whether or not the proposal is considered an infill exemption.

(Ord. No. 2494; Ord. No. 2871, § 1, 9-19-89; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.210)

11.03.215 Categorical exemptions for residential mixed use and residential infill development.

A. Mixed use and infill development categorical exemption area designated. The city designates a categorical exemption for construction of residential developments, non-retail commercial developments less than sixty-five thousand (65,000) square feet in size, and mixed use developments under RCW 43.21C.229 in the following boundary.

B. Exempt levels of construction and trips. In order to accommodate residential mixed use and residential infill development in the mixed use and infill development categorical exemption area designated in subsection (A) of this section, the city establishes the following exempt levels for construction of residential developments and mixed use developments under RCW 43.21C.229, considered the mixed use and infill development and trip bank.

1. Exempt levels of infill residential and mixed use development through the year 2031 are shown in the table below. No individual stand-alone non-retail commercial development shall exceed sixty-five thousand (65,000) square feet in size.

 

Growth Type

Base Year (2006) DSAP Study Area

Alternative 2 Moderate Growth Total (2031)

Alternative 2 – Net Growth (2031)

Households

4,505

7,978

3,473

Jobs1

3,184

5,507

2,323

Total Activity Units (Jobs and Households)

7,689

13,485

5,796

1 Includes hotel rooms and university students as part of “jobs” consistent with the presentation of growth figures in the prior 2011 EIS. However, these elements make up only three (3) percent of the job totals.

For the purposes of this section:

a. Infill means residential developments, non-retail commercial developments less than sixty-five thousand (65,000) square feet in size, and mixed use developments on unused and underutilized lands within the designated mixed use and infill development categorical exemption area.

b. Mixed use development means two (2) or more permitted uses or conditional uses developed in conjunction with one another on the same site. A mixed use development may include two (2) or more separate buildings if the requirements of this section are met; provided, that at least twenty-five (25) percent of the gross floor area, as defined in KCC 15.02.170, be a permitted commercial use. For mixed use development in the general commercial district, the percentage of gross floor area that must be a permitted commercial use may be reduced to five (5) percent. The residential component of any mixed use development cannot be permitted or occupied prior to the permitting and/or occupancy of the commercial component.

2. To be considered for the infill exemption, where a proposal includes the construction of a new building, the minimum height shall be two stories. The maximum height shall be consistent with those studied in the Combined DSAP Planned Action EIS and applicable in the subject zoning district.

3. For infill residential and mixed use development in the area designated in subsection (A) of this section, the city may permit up to three thousand seven hundred forty (3,740) new trips over the existing trips, consistent with Alternative 2, as established by the SEPA responsible official in the City of Kent Downtown Subarea Action Plan Planned Action Draft and Final SEIS issued June 21, 2013, and October 4, 2013, respectively.

C. Traffic analysis, concurrency, impact fees. In determining whether or not a proposal is exempt, the SEPA responsible official shall consider a traffic analysis based on the quantity of development units and the related applicable trip generation.

1. Concurrency. All exempt development applications shall meet the transportation concurrency requirements and the LOS thresholds established in Chapter 12.11 KCC, as amended by the 2008 Transportation Master Plan, and the multimodal levels of service established in the 2013 DSAP SEIS.

2. Traffic impact mitigation. Until the 2008 Transportation Master Plan and Impact Fee Ordinance are updated, infill exemption proposals shall pay their cost per trip for the street, pedestrian, and bicycle improvements identified below as part of the DSAP Study Area fee program in addition to the 2008 Transportation Master Plan and associated impact fee program, Chapter 12.14 KCC, Transportation Impact Fees.

 

Alternative 2 – Mitigation Measure Cost Estimates per Trip

Mitigation Measure Type

Infill Exemption Area

3,740 Trip Growth Over Existing

Cost

Cost Per Trip

Street

$7,0001

$1.87

Pedestrian

$1,400,000

$374.33

Bicycle

$1,428,000

$381.82

Total

$2,835,000

$758.02

Notes:

1 The total cost of ten thousand dollars ($10,000) is shared proportionately between the Planned Action and Infill Exemption Areas according to the number of trips generated (thirty (30) percent by the Planned Action Area and seventy (70) percent by the Infill Exemption Area).

Source: Fehr & Peers, 2013

3. Impact fees. Chapter 12.14 KCC requires development to pay its fair share for capital improvement projects in the city’s Transportation Master Plan and provides guidance for how impact fees are to be assessed.

4. Discretion. The public works director or the director’s designee shall have discretion to determine incremental and total trip generation, consistent with the Institute of Traffic Engineers (ITE) Trip Generation Manual (latest edition) or an alternative manual, accepted at the director’s sole discretion, for each project permit application proposed under this section.

D. Development will be allowed under this exemption up to the point that development levels of housing, jobs, and trips have been achieved, unless denied by concurrency.

E. Parks and open space. Until such time as the city adopts a new parks and open space plan, and adopts Kent City Code amendments addressing public and private open space and recreation standards and requirements applicable to the mixed use and infill development categorical exemption area, the following mitigation measures shall apply. Following adoption of a new parks and open space plan and Kent City Code amendments such standards shall supersede the measures below.

1. Urban park space. Each infill exemption proposal shall dedicate onsite two hundred fifty (250) square feet of public park area per dwelling unit or provide a fee in lieu of dedication consistent with subsection (E)(3) of this section.

2. Private onsite recreation and open space. Each infill exemption proposal shall provide private onsite recreation space for leisure, play, and sport activities at a ratio of two hundred (200) square feet per dwelling unit. Each residential or mixed-use development is required to provide the private space in one (1) or more of the following arrangements.

a. An individual balcony or screened patio for each unit.

b. Small, shared courtyards and a furnished children’s play area.

c. Roof-top open space – roof garden or game court.

The recreation space proposed by the applicant shall be approved by the parks and community services director. Alternatively up to fifty (50) percent of the private open space may be accomplished offsite or through a fee in lieu consistent with subsection (E)(3) of this section.

3. Through a negotiated voluntary agreement the city may allow up to fifty (50) percent of the private recreation space and up to one hundred (100) percent of the public recreation space in subsections (E)(1) and (E)(2) of this section to be: (a) accomplished offsite as approved by the parks and community services director; or (b) a fee in lieu of providing the space onsite following the procedures in KCC 12.04.065.

F. Cultural resources. The following mitigation measures shall apply to infill exemption proposals:

1. In the event that a future development project in the study area is proposed on or immediately surrounding a site containing an archaeological resource, as defined in Chapter 27.53 RCW, the potential impacts on the archaeological resource shall be considered and, if needed, a study conducted by a professional archaeologist shall be required to be conducted at the applicant’s expense to determine whether the proposed development project would materially impact the archaeological resource.

2. If the impacts on archaeological resources cannot be avoided, the city shall require that an applicant obtain all appropriate permits consistent with state and federal laws and that any required archaeological studies are completed before permitting any project that would disturb archaeological resource(s). Under Chapter 27.53 RCW, a permit must be obtained from the Department of Archaeology and Historic Preservation (DAHP) prior to disturbing a known archaeological resource or site. The avoidance of archaeological resources through selection of project alternatives and changes in design of project features in the specific area of the affected resource(s) would eliminate the need for measuring or mitigating impacts.

3. Developers and property owners shall immediately stop work and notify the city, DAHP and affected tribes if archaeological resources are uncovered during excavation. Following such notification, the city may require implementation of subsections (F)(1) and (F)(2) of this section.

4. If impacts cannot be avoided on a historic resource that is determined eligible for listing on either state or national historic registers, the applicant shall consult with DAHP regarding mitigation options and shall provide documentation of consultation to the city.

5. To include DAHP in the review of historic properties within the infill exemption area, the city will notify the State Historic Preservation Officer (SHPO) regarding proposals involving eligible or designated historic properties through the evaluation of proposals consistent with Chapter 12.01 KCC.

G. Water quality. By December 31, 2016, regulations will be in place to address water quality treatment and promote low impact development measures that are equivalent to the 2012 Department of Ecology Western Washington Stormwater Management Manual. Prior to 2016, the city shall require that applicants identify any low impact development (LID) techniques described in the 2012 Ecology manual and demonstrate why unincorporated LID techniques are not feasible. As part of required land use, building, or construction permits, the city may condition applications to incorporate feasible and site-appropriate LID techniques.

H. Air quality control plans. The city shall require all construction contractors to implement air quality control plans for construction activities. The air quality control plans will include best management practices (BMPs) to control fugitive dust and odors emitted by diesel construction equipment, including but not limited to the following measures:

1. Develop a fugitive dust control plan.

2. Use water sprays or other non-toxic dust control methods on unpaved roadways.

3. Minimize vehicle speed while traveling on unpaved surfaces.

4. Prevent track out of mud onto public streets.

5. Cover soil piles when practical.

6. Minimize work during periods of high winds when practical.

7. Maintain the engines of construction equipment according to manufacturers’ specifications.

8. Minimize idling of equipment while the equipment is not in use.

9. Burning of slash or demolition debris will not be permitted without express approval from the Puget Sound Clean Air Agency (PSCAA). No slash burning is anticipated for any construction projects in the study area.

I. Greenhouse gas reduction. Infill exemption applicants shall identify the greenhouse gas reduction measures that are being implemented in their projects, and explain why other measures listed in the 2011 City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS are not included or are not applicable. The city shall, as appropriate, condition infill exemption applications to incorporate reduction measures determined by the city to be feasible and appropriate for site conditions, based on the development application.

J. Solar access for public pedestrian spaces, pedestrian/bicycle pathways, parks, schools and other areas sensitive to shading shall be preserved by requiring upper-story or ground-level setbacks for adjacent development. To the greatest extent possible, new development shall minimize casting shadows on public spaces during their primary hours of daytime use.

K. The city may condition infill exemption proposals to incorporate site design measures that preserve significant public views from public areas.

L. Infill exemptions shall comply with the following noise mitigation measures:

1. To reduce construction noise at nearby receptors, the following mitigation measures shall be incorporated into construction plans and contractor specifications:

a. Locating stationary equipment away from receiving properties to decrease noise from that equipment.

b. Erecting portable noise barriers around loud stationary equipment located near sensitive receivers to reduce noise.

c. Limiting construction activities between 10:00 p.m. and 7:00 a.m. to avoid sensitive nighttime hours.

d. Turning off idling construction equipment to eliminate unnecessary noise.

e. Requiring contractors to rigorously maintain all equipment to potentially reduce noise effects.

f. Training construction crews to avoid unnecessarily loud actions (e.g., dropping bundles of rebar onto the ground or dragging steel plates across pavement) near noise-sensitive areas to reduce noise effects.

2. At its discretion, the city may require all prospective infill exemption developers to use low-noise mechanical equipment adequate to ensure compliance with the city’s daytime and nighttime noise ordinance limits. Depending on the nature of the proposed development, the city may require the developer to conduct a noise impact study to forecast future noise levels and to specify appropriate noise control measures.

3. To address traffic and transit noise, the city may, at its discretion, require new residential development to install triple-pane glass windows or other building insulation measures using its authority under the Washington State Energy Code (KCC 14.01.010).

M. Exemption procedure. Upon approval of the proposal according to the provisions of Chapter 12.01 KCC, the SEPA responsible official shall remove dwellings, jobs, and trips from the levels specified in subsections (B)(1) and (B)(3) of this section. These exempt levels are not applicable once the total available units, jobs, or trips have been utilized.

N. General monitoring. The SEPA responsible official will monitor the total development approved as part of the development approval process for any development in the area designated in subsection (A) of this section, whether considered exempt or not, in order to ensure that the available units, square feet, and trips cumulatively address growth planned for the designated mixed use and infill development categorical exemption area.

(Ord. No. 4097, § 3, 12-10-13; Ord. No. 4131, § 1, 12-9-14)

11.03.220 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 is exempt. The department’s determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal.

B. In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental 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 consideration is exempt.

C. If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:

1. The city shall not give authorization for:

a. Any nonexempt action;

b. Any action that would have an adverse environmental impact; or

c. Any action that would limit the choice of reasonable 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 actions 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 actions were not approved.

D. The city may authorize a categorical exemption for residential mixed use, non-retail commercial space, and residential infill development for specifically designated portions of the Downtown Subarea Action Plan area pursuant to KCC 11.03.215.

(Ord. No. 2494; Ord. No. 4097, § 4, 12-10-13; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.220)

11.03.230 Environmental checklist.

A. A completed environmental checklist or a copy in the form provided in WAC 197-11-960 shall be filed in conjunction with 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 the applicant agree that an environmental impact statement 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 that proposal.

C. The city may assist the applicant in completing 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.

D. For projects submitted as planned actions under WAC 197-11-164, the city shall use its existing environmental checklist form or may modify the environmental checklist form as provided in WAC 197-11-315. If a modified form is prepared, it must be sent to the Department of Ecology to allow at least a thirty (30) day review prior to use and the city shall:

1. Develop a modified environmental checklist form and adopt it along with or as part of a planned action ordinance; or

2. Develop a modified environmental checklist form and send it to the Department of Ecology.

(Ord. No. 2494; Ord. No. 3424, § 11, 11-17-98; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.230)

11.03.240 Mitigated determination of nonsignificance.

A. As provided in this section and in WAC 197-11-350, the responsible official may issue a determination of nonsignificance based on conditions attached to the proposal by the responsible official or on changes to or clarifications of the proposal made by the applicant.

B. An applicant may request in writing early notice of whether a determination of significance is likely under WAC 197-11-350. The request must:

1. Follow submission of a project permit application and an environmental checklist for a nonexempt proposal for which the department is the lead agency and include detailed site plans and a description of the proposal; or

2. Follow a pre-application conference;

3. Precede the city’s actual threshold determination for the proposal; and

4. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or project permit application as necessary to reflect the changes or clarifications.

5. The responsible official should respond to the request for early notice within thirty (30) 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.

C. As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

D. When an applicant submits a changed or clarified proposal, along with a revised environmental checklist, the city shall base its threshold determination on the changed or clarified proposal and should make the determination in accordance with the timing requirements of Chapter 12.01 KCC.

1. If the city indicates in writing specific mitigation measures which will allow it to issue a determination of nonsignificance in its response to the request for early notice, and the applicant changes or clarifies the proposal to include those specific mitigation measures, the city shall issue and circulate a determination of nonsignificance under WAC 197-11-340(2). This section shall not be construed so as to interfere with the city council’s ability to impose conditions on a project or application for which it is the final decision maker.

2. If the city indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a determination of nonsignificance, the city shall make the threshold determination, issuing a determination of nonsignificance or determination of significance, 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 run-off” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct two hundred (200) foot storm water retention pond at Y location” are adequate.

4. Mitigation measures which justify issuance of a mitigated determination of nonsignificance may be incorporated in the determination of nonsignificance by reference to agency staff reports, studies or other documents.

E.  A mitigated DNS is issued under either WAC 197-11-340(2), requiring a fourteen (14) calendar 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.

F. Mitigation measures incorporated in the mitigated determination of nonsignificance 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.

G. If the city’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated determination of nonsignificance for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) regarding withdrawal of determination of nonsignificance.

H. The city’s written response under subsection (D)(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. No. 2494; Ord. No. 3424, § 12, 11-17-98; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.240)

PART 3. ENVIRONMENTAL IMPACT STATEMENT (EIS)

11.03.300 Purpose of this part and adoption by reference.

This part contains the rules for preparing environmental impact statements. The city adopts the following sections of the Washington Administrative Code by reference, as supplemented by this part:

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.

197-11-455     Issuance of DEIS.

197-11-460     Issuance of FEIS.

(Ord. No. 2494; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.300)

11.03.310 Preparation of environmental impact statements – Additional considerations.

A. Preparation of draft and final environmental impact statements (DEISs and FEISs) and draft and final supplemental environmental impact statements (SEISs) is the responsibility of the economic and community development department under the direction of the responsible official. Before the city issues an environmental impact statement, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.

B. The DEIS and FEIS or draft and final SEIS shall be prepared by city staff, the applicant, a consultant selected by the city at the applicant’s request, or a consultant selected by the applicant with confirmation of the economic and community development department. 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.

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.

D. A DEIS and FEIS shall be completed within one (1) year of the scoping meeting or as otherwise agreed to by the applicant.

(Ord. No. 2494; Ord. No. 3424, § 13, 11-17-98; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.310)

11.03.320 Using existing environmental documents.

The rules for using and supplementing existing environmental documents prepared under the State Environmental Policy Act (SEPA) or the National Environmental Policy Act (NEPA) for the city’s own environmental compliance are contained in this section. The city adopts the following sections of the Washington Administrative Code by reference:

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. No. 2494; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.320)

PART 4. COMMENTING

11.03.400 Adoption by reference.

This part contains rules for consulting, commenting, and responding on all environmental documents under the State Environmental Policy Act, including rules for public notice and hearings. The city adopts the following sections of the Washington Administrative Code by reference, as supplemented in this part:

197-11-500     Purpose of this part.

197-11-502     Inviting comment.

197-11-504     Availability and cost of environmental documents.

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. No. 2494; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.400)

11.03.410 Public notice.

A. Whenever the city issues a determination of nonsignificance under WAC 197-11-340(2), a determination of significance under WAC 197-11-360, an addendum to any existing environmental document or any existing environmental document as defined in KCC 11.03.320, 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 application 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;

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

c. Notifying all parties of record, any individual or group which has appeared at a city of Kent public hearing relating specifically to the issue of environmental review or submitted comments on a certain proposal.

3. Whenever the city issues a DS under WAC 197-11-360, the city shall state the scoping procedure of the proposal in the DS as required in WAC 197-11-408 and in the public notice.

B. Whenever the city issues a DEIS under WAC 197-11-455 or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by indicating the availability of the DEIS in any public notice required for a nonexempt license, and the following additional methods:

1. Posting the property for site specific proposals;

2. Publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located; and

3. Notifying all parties of record, any individual or group which has appeared at a city of Kent public hearing relating specifically to the issue of environmental review or has expressed interest in a certain proposal.

C. Whenever possible, the city shall integrate the public notice required under this section with existing notice procedures for the city’s nonexempt permits or approvals required for the proposal.

D. If any costs are incurred beyond the initial notice of the department’s action, as provided in subsection (A)(2) of this section, the city may require an applicant to complete the public notice requirements for the applicant’s proposal at his expense.

(Ord. No. 2494; Ord. No. 3141, § 1, 11-2-93; Ord. No. 3424, § 14, 11-17-98; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.410)

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

A. The planning director 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 or reviewing a draft environmental impact statement.

B. The planning director shall be responsible for the city’s compliance with WAC 197-11-550 whenever the city is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city.

(Ord. No. 2494; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.420)

PART 5. STATE ENVIRONMENTAL POLICY ACT AND AGENCY DECISIONS

11.03.500 Purpose of this part and adoption by reference.

This part contains the rules and policies for the State Environmental Policy Act substantive authority, such as decisions to mitigate or reject proposals as a result of State Environmental Policy Act. This part also contains procedures for appealing State Environmental Policy Act determinations to agencies or the courts. The city adopts the following sections of the Washington Administrative Code by reference:

197-11-650    Purpose of this part.

197-11-655     Implementation.

197-11-660     Substantive authority and mitigation.

197-11-680     Appeals.

(Ord. No. 2494; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.500)

11.03.510 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 probable significant adverse environmental impacts identified in environmental documents prepared pursuant to this chapter;

2. Such conditions are in writing;

3. The mitigation measures included in such conditions are reasonable and capable of being accomplished;

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 (1) or more laws or regulations as provided in this chapter and subsection (D) of this section and identified in writing in the license or other decision document.

C. The city may deny a permit or approval for a proposal on the basis of the State Environmental Policy Act so long as:

1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final environmental impact statement or final supplementary environmental impact statement prepared pursuant to this chapter;

2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

3. The denial is based on one (1) or more policies identified in subsection (D) of this section and identified in writing in the license or other decision document.

D. The city designates and adopts by reference the following additional 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 the state safe, healthful, productive and aesthetically and culturally pleasing surroundings;

c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable and unintended consequences;

d. Preserve important historic, cultural and natural aspects of our national heritage;

e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

f. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and

g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

2. The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

3. The city adopts by reference the policies in the following city codes, ordinances, and resolutions:

a. The citywide comprehensive plan as prepared and adopted pursuant to the State Growth Management Act and adopted on April 18, 1995, by the Kent city council by Ordinance 3222 and its specific components and elements, and including all amendments thereto.

b. Shoreline master program as adopted by the Washington State Department of Ecology on June 16, 1992, and as adopted by the Kent city council on July 21, 1992, by Ordinance 3056 and including all amendments thereto.

c. The surface water and drainage code, Chapter 7.07 KCC and including all amendments thereto.

d. Underground installation of electrical or communications facilities, Chapter 7.10 KCC and including all amendments thereto.

e. Transportation master plan (Resolution 1014 and amended by Resolution 1032) and Green River Valley transportation action plan (Resolution 1127) as may hereafter be amended and including all amendments thereto.

f. Wastewater facilities master plan, Chapter 7.09 KCC and including all amendments thereto.

g. Comprehensive water plan (Ordinances 2829 and 2960) and conservation element (Resolution 1361) and including all amendments thereto.

h. Construction standards for public works, KCC 6.02.010 and 6.02.020 (Ordinance 3117) and including all amendments thereto.

i. Street use permit requirements, Chapter 6.07 KCC and including all amendments thereto.

j. Flood hazard protection, Chapter 14.09 KCC and including all amendments thereto.

k. Subdivisions, Chapter 12.04 KCC and including all amendments thereto.

l. Mobile home parks, Chapter 12.05 KCC and including all amendments thereto.

m. Valley studies (as adopted in Resolutions 920, 921, 922, 923, and 924).

n. Noise control, Chapter 8.05 KCC and including all amendments thereto.

o. State building code, together with the local implementing ordinances, KCC Title 14 and including all amendments thereto.

p. State fire code, together with the local implementing ordinances, KCC Title 13 and including all amendments thereto.

q. Zoning, KCC Title 15 and including all amendments thereto.

r. Recreational vehicle park, Chapter 12.06 KCC and including all amendments thereto.

s. Water shortage emergency regulations, Chapter 7.13 KCC and Water Conservation Ordinance 2227 and including all amendments thereto.

t. Required public improvements, Chapters 6.02 and 6.03 KCC and including all amendments thereto.

u. Storm and surface water drainage utility, Chapter 7.05 KCC and including all amendments thereto.

v. Storm drainage policies (Ordinance 2547) and including all amendments thereto.

w. Six (6) year transportation improvement plan (Resolution 1444) and including all amendments thereto.

x. Comprehensive sewerage plan (Resolution 915) and including all amendments thereto.

y. Fire master plan (Ordinance 2511) and including all amendments thereto.

z. Critical areas, Chapter 11.06 KCC and including all amendments thereto.

(Ord. No. 2329; Ord. No. 2369; Ord. No. 2494; Ord. No. 2511; Ord. No. 2547, § 4; Ord. No. 2818, § 2, 11-1-88; Ord. No. 3282, § 1, 3-19-96; Ord. No. 3573, § 1, 9-18-01; Ord. No. 3746, § 1, 4-19-05; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.510)

11.03.520 Appeals.

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

1. Procedural appeals.

a. Any party of record may appeal the city’s procedural compliance with Chapter 197-11 WAC for issuance of the following:

i. A final determination of nonsignificance: Appeal of the DNS must be made to the hearing examiner within fourteen (14) calendar days of the date the determination of nonsignificance is final. Notice of the issuance of a final DNS shall be provided in accordance with KCC 11.03.410(A)(2). Except as provided in subsection (A)(1)(a)(iii) of this section, the appeal shall be consolidated with any hearing or appeal of the underlying permit.

ii. A determination of significance: Appeal of the DS must be made to the hearing examiner within fourteen (14) calendar days of the date the determination of significance is issued. Notice of the issuance of a determination of significance shall be provided in accordance with KCC 11.03.410(A)(2). An appeal is not required to be consolidated with a hearing or appeal on the underlying permit.

iii. Agency action: An appeal is not required to be consolidated with a hearing or appeal on the underlying permit if it is an appeal (A) of a procedural determination made by the city when the city is the project proponent, or is funding a project, and chooses to conduct its review under SEPA, including any appeals of its procedural determinations, prior to submitting an application for a project permit; (B) of a procedural determination made by an agency on a nonproject action; and (C) to the city council under RCW 43.21C.060 or other applicable state statute.

b. The decision of the land use hearing examiner shall be final, pursuant to RCW 43.21C.075(3)(a). No right to appeal the decision of the hearing examiner is granted by this section.

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

2. Substantive appeals. There shall be no administrative appeal when any proposal or action is conditioned or denied on the basis of State Environmental Policy Act by a nonelected official.

3. No other appeal provided. Except as provided in subsection (A)(1) of this section, or as otherwise provided by law, no right to appeal is created by this section.

B. Judicial appeals.

1. No right to judicial review or appeal, which does not now exist, is created by this chapter. The decision by the city to issue or deny nonexempt permits or licenses shall be final. As authorized in RCW 43.21C.075(5), judicial review with superior court must be sought within twenty-one (21) calendar days of the issuance or denial of the permit or license, if at all, by an aggrieved party or person. RCW 43.21C.075(5).

2. 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 review.

(Ord. No. 2494; Ord. No. 3424, § 15, 11-17-98; Ord. No. 3574, § 2, 9-18-01; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.520)

11.03.530 Record on appeal.

A. Any judicial appeal under this chapter shall be on the record. The city shall provide for a record consisting of the following:

1. Findings and conclusions;

2. Testimony under oath; and

3. A taped or written transcript.

B. The cost of providing a taped or written transcript shall be borne by an appellant.

(Ord. No. 2494; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.530)

11.03.540 Notice of action.

A. The city, applicant 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 the responsible official pursuant to RCW 43.21C.080. An applicant’s request for publication shall include payment of the costs associated with such notice.

(Ord. No. 2494; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.540)

PART 6. DEFINITIONS

11.03.600 Purpose of this part and adoption by reference.

This part contains uniform usage and definitions of terms under State Environmental Policy Act. The city adopts the following sections by reference, as supplemented by WAC 173-806-040.

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     Environmental impact statement (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     National Environmental Policy Act (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     State Environmental Policy Act (SEPA).

197-11-792     Scope.

197-11-793     Scoping.

197-11-794     Significant.

197-11-796     State agency.

197-11-797     Threshold determination.

197-11-799     Underlying governmental action.

(Ord. No. 2494; Ord. No. 3424, § 16, 11-17-98; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.600)

Cross reference(s) – Definitions and rules of construction generally, § 1.01.030.

11.03.610 Additional definitions.

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

Day or calendar day. In computing any period of time prescribed or allowed by this chapter, if the last day falls on a Saturday, Sunday or legal holiday the period shall run until the end of the next day which is not a Saturday, Sunday or legal holiday.

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 NS procedures).

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

Site plan means a vicinity map and diagram, showing north arrow, scale, any significant manmade or natural features such as creeks, wetlands or steep slopes, dimensions of the lot, shape of the lot, location and size of existing and proposed buildings and development, adjacent streets, and points of ingress and egress.

State Environmental Policy Act rules means Chapter 197-11 WAC adopted by the State Department of Ecology.

(Ord. No. 2494; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.610)

Cross reference(s) – Definitions and rules of construction generally, § 1.01.030.

PART 7. AGENCY COMPLIANCE

11.03.700 Purpose of this part and adoption by reference.

This part contains rules for the city’s compliance with the State Environmental Policy Act, including rules for charging fees, 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 of the Washington Administrative Code by reference:

197-11-900     Purpose of this part.

197-11-902     Agency State Environmental Policy Act 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 (1) agency with jurisdiction.

197-11-932     Lead agency for private projects requiring licenses from more than one (1) agency, when one (1) 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 (1) or more state agencies.

197-11-936     Lead agency for private projects requiring licenses from more than one (1) 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. No. 2494; Ord. No. 3424, § 17, 11-17-98; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.700)

11.03.710 Responsibility of agencies – State Environmental Policy Act public information.

A. The city shall retain all documents required by the State Environmental Policy Act rules, Chapter 197-11 WAC, and make them available in accordance with Chapter 42.56 RCW.

B. The following location constitutes the city State Environmental Policy Act public information center:

Economic and Community Development Department, Permit Center

Kent City Hall

Centennial Center

400 West Gowe Street

Kent, WA 98032-5895

Telephone: (253) 856-5300

C. All reasonable means will be used to make the existence and location of the city’s State Environmental Policy Act public information center known to both the public generally and the employees of the city.

D. The State Environmental Policy Act public information center shall contain the documents and provide the services required by this section.

(Ord. No. 2494; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.710)

11.03.720 Critical areas.

Critical or environmentally sensitive areas, as defined in Chapter 11.06 KCC:

A. WAC 197-11-908 is hereby adopted by reference.

B. Wetlands, as defined under KCC 11.06.530, the wetlands inventory, the maps filed under KCC 11.06.050, entitled critical areas maps, and the special flood hazard areas as described in KCC 14.09.060 designate the location of critical areas within the city and are adopted by reference. Within those critical areas, the exemptions of WAC 197-11-800 which are inapplicable are (1), (2)(a) through (i), (3), (6)(d), (23)(a) through (g). Unidentified exemptions shall continue to apply within critical areas of the city.

C. The scope of environmental review of actions within these areas shall be limited to:

1. Documenting whether the proposal is consistent with the requirements of the critical areas ordinance; and

2. Evaluating potentially significant impacts on the critical area resources not adequately addressed by 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 other categorical exemptions apply whether or not the proposal will be located in a critical area.

(Ord. No. 2494; Ord. No. 2544, § 7; Ord. No. 3424, § 18, 11-17-98; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.715)

11.03.730 Fees.

The city shall require the following fees for its activities in accordance with the provisions of this chapter:

1. Threshold determination. For every environmental checklist the city will review when it is lead agency, the city shall collect a fee as established by the city council from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee, and receipt of the checklist by the economic and community development department. When the city completes the environmental checklist at the applicant’s request, an additional fee shall be collected. This fee shall be based on the actual preparation time and rate of salary and benefits for staff time.

2. Environmental impact statement.

a. When the city is the lead agency for a proposal requiring an environmental impact statement and the environmental impact statement is 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 environmental impact statement. Costs will be determined based upon the costs of staff assigned to the preparation of the environmental impact statement, including hourly salary and benefits. The responsible official shall advise the applicants of the projected costs for the environmental impact statement prior to actual preparation. The applicant shall post bond or otherwise ensure payment of such costs.

b. The city reserves the right under WAC 197-11-420 to contract directly with a consultant for the preparation of an environmental impact statement, or a portion of an environmental impact statement, at the determination of the city. Consultants shall be selected by the city after a call for proposals. Consultant actions in preparing an environmental impact statement or portions thereof shall be exclusively managed and administered by the city to assure that the environmental impact statement is prepared in a professional manner and with appropriate interdisciplinary methodology. The applicant shall post a deposit with the city, according to the established fee schedule, to ensure payment of consultant costs and the preparation of an environmental impact statement. Further, the costs incurred in the preparation of an environmental impact statement shall be paid by the applicant to the city, who shall then make payment to the consultant.

c. If a proposal is modified so that an environmental impact statement is no longer required, the responsible official shall refund any fees collected under subsection (2)(a) or (2)(b) of this section which remain after incurred costs are paid.

3. State Environmental Policy Act appeals. For every appeal filed under KCC 11.03.520, the city shall collect a fee as established by the city council.

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

5. 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 42.56 RCW.

(Ord. No. 2494; Ord. No. 2667, § 2; Ord. No. 3434, § 2, 12-8-98; Ord. No. 4131, § 1, 12-9-14. Formerly Code 1986, § 12.12A.720)