Chapter 16.04


16.04.010    Authority

16.04.015    Policy

16.04.020    General Requirements

16.04.025    Designation of Responsible Official

16.04.030    Lead Agency Determination and Responsibilities

16.04.035    Transfer of Lead Agency Status to a State Agency

16.04.040    Additional Timing Considerations

16.04.045    Categorical Exemptions and Threshold Determinations

16.04.050    Categorical Exemptions

16.04.055    Use of Exemptions

16.04.060    Environmental Checklist

16.04.065    Mitigated DNS

16.04.070    Environmental Impact Statement

16.04.075    Preparation of EIS--Additional Considerations

16.04.080    Commenting

16.04.085    Public Notice

16.04.090    Designation of Official to Perform Consulted Agency Responsibilities for the City

16.04.095    Using and Supplementing Existing Environmental Documents

16.04.100    SEPA and Agency Decisions

16.04.105    Substantive Authority

16.04.110    Appeals

16.04.115    General Definitions

16.04.120    Additional Definitions

16.04.125    Agency Compliance

16.04.130    Critical Areas

16.04.140    Fees

16.04.145    Forms

16.04.155    Severability

16.04.010 Authority.

The City of Lake Stevens adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904. This chapter contains this City’s SEPA procedures and policies, which must be used in conjunction with Chapter 197-11 WAC. (Ord. 870, Sec. 2 (Exh. 1), 2012)

16.04.015 Policy.

The City adopts the following section of Chapter 197-11 WAC by reference:

197-11-030    Policy.

(Ord. 870, Sec. 2 (Exh. 1), 2012)

16.04.020 General Requirements.

This section contains the basic requirements that apply to the SEPA process. The City adopts the following sections 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 action during SEPA process.

197-11-080    Incomplete or unavailable information.

197-11-090    Supporting documents.

197-11-100    Information required of applicants.

197-11-158    GMA project review--Reliance on existing plans, laws, and regulations.

197-11-210    SEPA/GMA integration.

197-11-220    SEPA/GMA definitions.

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

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

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

197-11-235    Documents.

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

197-11-253    SEPA lead agency for MTCA actions.

197-11-256    Preliminary evaluation.

197-11-259    Determination of nonsignificance for MTCA remedial actions.

197-11-262    Determination of significance and EIS for MTCA remedial actions.

197-11-265    Early scoping for MTCA remedial actions.

197-11-268    MTCA interim actions.

(Ord. 870, Sec. 2 (Exh. 1), 2012)

16.04.025 Designation of Responsible Official.

(a)    For those proposals for which the City is the lead agency, the responsible official shall be the Planning and Community Development Director or designee.

(b)    For all proposals for which the City is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA rules adopted by reference in WAC 173-806-020, as identified in Section 16.04.020.

(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. 870, Sec. 2 (Exh. 1), 2012)

16.04.030 Lead Agency Determination and Responsibilities.

(a)    When receiving an application for or initiating a proposal that involves a nonexempt action, the City shall determine the lead agency for that proposal under WAC 197-11-050, 197-11-253, and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the City is aware that another department or agency is in the process of determining the lead agency.

(b)    When the City is not the lead agency for a proposal, the City shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. The City shall not prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the City may conduct supplemental environmental review under WAC 197-11-600.

(c)    If the City receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-253 or 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within fifteen days of receipt of the determination, or the City must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period.

(d)    The City, by decisions of the responsible official, can make agreements as to lead agency status or share lead agency duties for a proposal under WAC 197-11-942 and 197-11-944.

(e)    In making a lead agency determination for a private project, the City shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal.

(f)    When the City is lead agency for a Model Toxics Control Act (MTCA) remedial action, the City shall provide the Department of Ecology an opportunity, under WAC 197-11-253(5), to review the environmental documents prior to public notice being provided. If the SEPA and MTCA documents are issued together with one public comment period, under WAC 197-11-253(6), the City shall decide jointly with the Department of Ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency. (Ord. 870, Sec. 2 (Exh. 1), 2012)

16.04.035 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 with any available relevant information, on the proposal, to the appropriate state agency with jurisdiction. The City’s responsible official shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. (Ord. 870, Sec. 2 (Exh. 1), 2012)

16.04.040 Additional Timing Considerations.

(a)    For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the City’s staff recommendation to any appropriate advisory body.

(b)    If the City’s only action on a proposal is a decision on a building permit or other license, not subject to the notice of application requirements of RCW 36.70B.110 or Section 14.16A.225, but 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. 870, Sec. 2 (Exh. 1), 2012)

16.04.045 Categorical Exemptions and Threshold Determinations.

This section contains information for deciding whether a proposal has a probable significant, adverse environmental impact, requiring an environmental impact statement (EIS) to be prepared. This section also contains rules for evaluating the impacts of proposals not requiring an EIS. The City adopts the following sections of Chapter 197-11 WAC by reference:

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)/invitation of scoping.

197-11-390    Effect of threshold determination.

(Ord. 870, Sec. 2 (Exh. 1), 2012)

16.04.050 Categorical Exemptions.

(a)    The City adopts by reference the following sections of Chapter 197-11 WAC regarding categorical exemptions:

197-11-800    Categorical exemptions. (except as otherwise established below)

197-11-880    Emergencies.

197-11-890    Petitioning Department of Ecology to change exemptions.

(b)    Flexible Thresholds for Minor New Construction Categorical Exemption. The City establishes the following exempt levels for minor new construction as allowed under WAC 197-11-800(1)(c) and (d), based upon local conditions:

(1)    For single-family residential projects, up to 30 dwelling units;

(2)    For multifamily residential projects, up to 60 dwelling units;

(3)    For agricultural structures, up to 10,000 square feet;

(4)    For office, school, commercial, recreational, service or storage buildings, up to 30,000 square feet;

(5)    For parking facilities, up to 90 parking spaces;

(6)    For fills or excavations, up to 1,000 cubic yards. All fill or excavation, of any quantity, necessary for an exempt project in subsections (b)(1) through (5) of this section shall be exempt.

(c)    The exemptions in this subsection apply except when the project:

(1)    Is undertaken wholly or partly on lands covered by water;

(2)    Requires a license governing discharges to water that is not exempt under RCW 43.21C.0383;

(3)    Requires a license governing emissions to air that is not exempt under RCW 43.21C.0381 or WAC 197-11-800(7) or (8); or

(4)    Requires a land use decision that is not exempt under WAC 197-11-800(6).

(d)    Whenever the City establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington, 98504 under WAC 197-11-800(1)(c). (Ord. 1118, Sec. 2 (Exh. A), 2021; Ord. 870, Sec. 2 (Exh. 1), 2012)

16.04.055 Use of Exemptions.

(a)    When the City receives an application or request for a proposed project or non-project action, the responsible official shall determine if the action is properly defined per WAC 197-11-060 and categorically exempt per WAC 197-11-800. The 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 applies to the proposal. The City shall not require completion of an environmental checklist for an exempt proposal.

(b)    If a proposed project or nonproject action includes both exempt and nonexempt actions, the City may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that the City shall not authorize:

(1)    Any nonexempt action;

(2)    Any action that would have an adverse environmental impact; or

(3)    Any action that would limit the choice of alternatives. (Ord. 870, Sec. 2 (Exh. 1), 2012)

16.04.060 Environmental Checklist.

(a)    A project proponent shall submit a completed environmental checklist (or a copy), substantially in the form provided in WAC 197-11-960 or as hereafter amended, when they submit a permit application, license, certificate, or other project proposal not specifically exempted in this chapter. The City shall use the completed environmental checklist to determine the lead agency and, if the City is the lead agency, for making the threshold determination.

(b)    The City will not require an environmental checklist when the City and applicant agree that an EIS is required; another agency, acting as lead agency, has prepared its own EIS for a public proposal; or when the proposed project or non-project action qualifies as a planned action, pursuant to subsection (e) of this section.

(c)    For private proposals, the City will require the applicant to complete the environmental checklist and the City will provide assistance as necessary, for example the City may provide relevant, available technical information to the private applicant; or notify them if material provided is inaccurate.

(d)    For City proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

(e)    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. The modified environmental checklist form may be prepared and adopted along with the planned action ordinance, or developed after adoption of the planned action ordinance. In either case, the City must send the Department of Ecology the modified environmental checklist form to allow the Department at least a 30-day review of the form prior to its use. (Ord. 870, Sec. 2 (Exh. 1), 2012)

16.04.065 Mitigated DNS.

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

(b)    An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:

(1)    Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and

(2)    Precede the City’s actual threshold determination for the proposal.

(c)    The responsible official should respond to the request for early notice within 14 days in conformance with the timing requirements found in Section 14.16A.230. The response shall:

(1)    Be written;

(2)    State whether the City currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the City to consider a DS; and

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

(d)    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.

(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 stormwater runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot stormwater retention pond at Y location” are adequate.

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

(f)    A mitigated DNS is issued under WAC 197-11-340(2), requiring a 14-day comment period in conformance with the timing requirements found in Section 14.16A.230.

(g)    The City shall deem mitigation measures incorporated in the mitigated DNS conditions of approval of the permit decision and enforce them in the same manner as any term or condition of the permit.

(h)    The City’s written response, under subsection (c) of this section is not 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. 870, Sec. 2 (Exh. 1), 2012)

16.04.070 Environmental Impact Statement.

This section contains the rules for preparing environmental impact statements. The City adopts the following sections of Chapter 197-11 WAC by reference.

197-11-400    Purpose of EIS.

197-11-402    General requirements.

197-11-405    EIS types.

197-11-406    EIS timing.

197-11-408    Scoping.

197-11-410    Expanded scoping.

197-11-420    EIS preparation.

197-11-425    Style and size.

197-11-430    Format.

197-11-435    Cover letter or memo.

197-11-440    EIS contents.

197-11-442    Contents of EIS on nonproject proposals.

197-11-443    EIS contents when prior nonproject EIS.

197-11-444    Elements of the environment.

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

197-11-450    Cost-benefit analysis.

197-11-455    Issuance of DEIS.

197-11-460    Issuance of FEIS.

(Ord. 870, Sec. 2 (Exh. 1), 2012)

16.04.075 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 Planning and Community Development Department under the direction of the responsible official. Before the City issues an EIS, the responsible official shall be satisfied that the EIS complies with this chapter and Chapter 197-11 WAC.

(b)    City staff, the applicant, or a consultant selected by the City or the applicant shall prepare the DEIS and FEIS or draft and final SEIS. 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 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 but not limited to specific investigations and reports, that the responsible official deems necessary to prepare the DEIS and/or FEIS. The applicant shall be responsible for the costs and expense of providing such information. (Ord. 870, Sec. 2 (Exh. 1), 2012)

16.04.080 Commenting.

This section contains rules for consulting, commenting, and responding to environmental documents, under SEPA, including rules for public notices and hearings. The City adopts the following sections of Chapter 197-11 WAC by reference:

197-11-500    Purpose of this part.

197-11-502    Inviting comment.

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

197-11-508    SEPA register.

197-11-510    Public notice.

197-11-535    Public hearings and meetings.

197-11-545    Effect of no comment.

197-11-550    Specificity of comments.

197-11-560    FEIS responses to comments.

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

(Ord. 870, Sec. 2 (Exh. 1), 2012)

16.04.085 Public Notice.

(a)    Whenever possible, the City shall integrate the public notice required under this section with existing notice procedures pursuant to Chapters 14.16A and 14.16B.

(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 public notice is required for a nonexempt permit application, the notice shall state whether the City has issued a DS or DNS and when comments are due.

(2)    If an environmental document is issued concurrently with a notice of application, the public notice requirements in RCW 36.70B.110(4) and Section 14.16A.225 will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1).

(3)    If no public notice is otherwise required for the permit application or approval, the City shall give notice of the DNS or DS by:

(i)    Posting the property, for site-specific proposals;

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

(iii)    Notifying public or private groups, which have expressed interest in this proposal or in the type of proposal under consideration.

(iv)    Whenever the City issues a DS under WAC 197-11-360(3), the City shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408, and provide public notice pursuant to Section 14.16A.225 and Chapter 14.16B.

(c)    If a DNS is issued using the optional DNS process, the public notice requirements for a notice of application in RCW 36.70B.110(4), supplemented by the requirements in WAC 197-11-355, will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1)(b).

(d)    Whenever the City issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, 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 permit application or approval;

(2)    Posting the property for site-specific proposals;

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

(4)    Notifying public or private groups which have expressed interest in a proposal or in the type of proposal being considered;

(e)    Public notice for projects that qualify as planned actions shall be tied to the underlying permit as specified in WAC 197-11-172(3) and notice provided pursuant to Section 14.16A.225 and Chapter 14.16B.

(f)    The City may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. (Ord. 870, Sec. 2 (Exh. 1), 2012)

16.04.090 Designation of Official to Perform Consulted Agency Responsibilities for the City.

(a)    The responsible official or 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 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. (Ord. 870, Sec. 2 (Exh. 1), 2012)

16.04.095 Using and Supplementing Existing Environmental Documents.

This section contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the City’s own environmental compliance. The City adopts the following sections of Chapter 197-11 WAC by reference.

197-11-164    Planned actions--Definition and criteria.

197-11-168    Ordinances or resolutions designating planned actions--Procedures for adoption.

197-11-172    Planned actions--Project review.

197-11-600    When to use existing environmental documents.

197-11-610    Use of NEPA documents.

197-11-620    Supplemental environmental impact statement--Procedures.

197-11-625    Addenda procedures.

197-11-630    Adoption procedures.

197-11-635    Incorporation by reference procedures.

197-11-640    Combining documents.

(Ord. 870, Sec. 2 (Exh. 1), 2012)

16.04.100 SEPA and Agency Decisions.

This section contains rules and policies for SEPA’s substantive authority, such as decisions to mitigate or reject proposals because of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. The City adopts the following sections of Chapter 197-11 WAC 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. 870, Sec. 2 (Exh. 1), 2012)

16.04.105 Substantive Authority.

(a)    The policies and goals set forth in this chapter are supplementary to those in the existing policies and regulations of the City of Lake Stevens.

(b)    The City may attach conditions to a permit or approval for a proposal so long as:

(1)    Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and

(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 or more policies in subsection (d) of this section and cited in the permit or other decision document.

(c)    The City may deny a permit or approval for a proposal on the basis of SEPA so long as:

(1)    A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this chapter;

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

(3)    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:

(i)    Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

(ii)    Ensure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

(iii)    Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, and/or other undesirable and unintended consequences;

(iv)    Preserve important historic, cultural, and natural aspects of our national heritage;

(v)    Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

(vi)    Achieve a balance between population and resource use, which will permit high standards of living and a wide sharing of life’s amenities; and

(vii)    Enhance the quality of renewable resources and approach the maximum attainable recycling of 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 documents as now or hereafter amended:

(i)    The Lakes Stevens Comprehensive Plan, including without limitation all individual elements, subarea plans, capital plans, supporting documents, and any standards, plans, policies, and other materials incorporated by reference into the comprehensive plan;

(ii)    The Lake Stevens Municipal Code and supporting documents including without limitation all supporting documents, standards, plans, policies, and other materials incorporated by reference into the municipal code; and

(iii)    The Lake Stevens Engineering Design and Development Standards.

(e)    Through its substantive authority, in conjunction with the Master Annexation Interlocal Agreement between the City of Lake Stevens and Snohomish County, the City hereby establishes a process for collecting traffic and park mitigation fees, for properties annexed into the City of Lake Stevens, when Snohomish County received the initial development application and said application vested to Snohomish County regulations, including those related to the payment of traffic or park mitigation fees.

(1)    The City shall apply Snohomish County code requirements related to the payment of traffic and/or park mitigation fees.

(2)    The City shall collect required traffic and/or park mitigation fees directly when such fees were not previously paid to Snohomish County.

(3)    Payment of said fees to the City shall satisfy the requirements of Sections 14.56.190 and 14.56.192 for traffic mitigation and Chapter 14.120 for park impact mitigation.

(4)    The City shall assess and collect required impact fees at the time of building permit issuance. (Ord. 870, Sec. 2 (Exh. 1), 2012)

16.04.110 Appeals.

(a)    The City establishes the following appeal procedures under RCW 43.21C.075 and WAC 197-11-680:

(1)    The City will process appeals according to the procedures found in Section 14.16A.265 and Chapter 14.16B.

(2)    For any appeal under this section, the City’s record shall consist of the following:

(i)    Findings and conclusions;

(ii)    Written documents;

(iii)    Testimony under oath; and

(iv)    A taped or written transcript.

(3)    The City may require the appellant to provide an electronic transcript.

(4)    The procedural determination by the City’s responsible official shall carry substantial weight in any appeal proceeding.

(b)    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. 870, Sec. 2 (Exh. 1), 2012)

16.04.115 General Definitions.

This part contains uniform usage and definitions of terms under SEPA. The City adopts the following sections of Chapter 197-11 WAC by reference, as supplemented by WAC 173-806-030:

197-11-700    Definitions.

197-11-702    Act.

197-11-704    Action.

197-11-706    Addendum.

197-11-708    Adoption.

197-11-710    Affected tribe.

197-11-712    Affecting.

197-11-714    Agency.

197-11-716    Applicant.

197-11-718    Built environment.

197-11-720    Categorical exemption.

197-11-721    Closed record appeal.

197-11-722    Consolidated appeal.

197-11-724    Consulted agency.

197-11-726    Cost benefit analysis.

197-11-728    County/city.

197-11-730    Decision maker.

197-11-732    Department.

197-11-734    Determination of nonsignificance (DNS).

197-11-736    Determination of significance (DS).

197-11-738    EIS.

197-11-740    Environment.

197-11-742    Environmental checklist.

197-11-744    Environmental document.

197-11-746    Environmental review.

197-11-750    Expanded scoping.

197-11-752    Impacts.

197-11-754    Incorporated by reference.

197-11-756    Lands covered by water.

197-11-758    Lead agency.

197-11-760    License.

197-11-762    Local agency.

197-11-764    Major action.

197-11-766    Mitigated DNS.

197-11-768    Mitigation.

197-11-770    Natural environment.

197-11-772    NEPA.

197-11-774    Nonproject.

197-11-775    Open record hearing.

197-11-776    Phased review.

197-11-778    Preparation.

197-11-780    Private project.

197-11-782    Probable.

197-11-784    Proposal.

197-11-786    Reasonable alternative.

197-11-788    Responsible official.

197-11-790    SEPA.

197-11-792    Scope.

197-11-793    Scoping.

197-11-794    Significant.

197-11-796    State agency.

197-11-797    Threshold determination.

197-11-799    Underlying governmental action.

(Ord. 870, Sec. 2 (Exh. 1), 2012)

16.04.120 Additional Definitions.

(a)    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:

(1)    “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology.

(2)    “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. 870, Sec. 2 (Exh. 1), 2012)

16.04.125 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 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 Chapter 197-11 WAC by reference:

197-11-900    Purpose of this part.

197-11-902    Agency SEPA policies.

197-11-916    Application to ongoing action.

197-11-920    Agencies with environmental expertise.

197-11-922    Lead agency rules.

197-11-924    Determining lead agency.

197-11-926    Lead agency for governmental proposals.

197-11-928    Lead agency for public and private proposals.

197-11-930    Lead agency for private projects with one-agency jurisdiction.

197-11-932    Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.

197-11-934    Lead agency for private projects requiring licenses from a local agency, not a county/city; and one or more state agencies.

197-11-936    Lead agency for private projects requiring licenses from more than one state agency.

197-11-938     Lead agency for specific proposals.

197-11-940    Transfer lead agency status to a state agency.

197-11-942    Agreements on lead agency status.

197-11-944    Agreements on division of lead agency disputes.

197-11-946    DOE resolution of lead agency disputes.

197-11-948    Assumption of lead agency status.

(Ord. 870, Sec. 2 (Exh. 1), 2012)

16.04.130 Critical Areas.

(a)    All categorical exemptions listed in WAC 197-11-800 apply whether or not a proposal is located wholly or partially within a critical area. The City shall treat proposals located wholly or partially within critical areas no differently than other proposals under this chapter. The City shall not automatically require a threshold determination or EIS for a proposal merely because it is located wholly or partially within a critical area.

(1)    The scope of environmental review of actions within these areas shall be limited to:

(i)    Documenting whether the proposal is consistent with the requirements of Chapter 14.88; and

(ii)    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. (Ord. 870, Sec. 2 (Exh. 1), 2012)

16.04.140 Fees.

The City shall require fees as set forth by resolution for its activities in accordance with provisions of this chapter. The City Council may amend fees at any time by resolution. (Ord. 870, Sec. 2 (Exh. 1), 2012)

16.04.145 Forms.

The City adopts the following forms and sections of Chapter 197-11 WAC by reference:

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. 870, Sec. 2 (Exh. 1), 2012)

16.04.155 Severability.

If any provision of this title or its application to any person or circumstance is held invalid, the remainder of this title or the application of the provision to other persons or circumstances shall not be affected. (Ord. 870, Sec. 2 (Exh. 1), 2012)