Chapter 17B.84
STATE ENVIRONMENTAL POLICY ACT (SEPA)
Sections:
17B.84.020 Interaction of SEPA with the shoreline management process.
17B.84.030 Interaction of NEPA with the shoreline management process.
17B.84.040 Projects partially within shoreline jurisdiction.
17B.84.050 Flexible thresholds for categorical exemptions.
17B.84.051 Categorical exemptions without flexible thresholds.
17B.84.010 Compliance.
A. Compliance with SEPA, including all review or waiting periods, is required before a decision on an application can be made.
B. Every shoreline substantial development permit must be accompanied by demonstration of compliance with the State Environmental Policy Act (SEPA), through an environmental impact statement (EIS), a determination of nonsignificance (DNS), environmental checklist, or a determination of categorical exemption.
C. The shoreline substantial development permit application and SEPA analysis should identify future uses intended for the site to avoid the possibility of piecemeal or inappropriate phasing of development.
D. Project review conducted pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, shall occur concurrently with project review set forth in this chapter. Except as modified by this chapter, the SEPA review process shall follow the provisions of Chapter 43.21C RCW and Chapter 197-11 WAC. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.84.020 Interaction of SEPA with the shoreline management process.
A. Conditioning and denial of a shoreline permit may be done under powers granted by SEPA rules (WAC 197-11-660).
B. The SEPA checklist must identify all local, state, and/or federal permits or approvals that may be required.
C. If required, an EIS should include an evaluation of the project’s consistency with existing plans and policies (e.g., the local SMP) and zoning regulations. (Note: Only those elements that will be “significantly” impacted need to be evaluated in an EIS. The land use element of SEPA may not be significantly impacted enough to be included in a final EIS.)
D. Shoreline substantial development permits shall not be issued until the SEPA review periods are complete to allow for appeals (fourteen-day review for DNSs; seven-day waiting period for a final EIS). (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.84.030 Interaction of NEPA with the shoreline management process.
A. Federal agencies are required to consider the environmental impacts of agency sponsored developments, permits, and grants under processes defined by the National Environmental Policy Act (NEPA).
B. NEPA requires full disclosure of environmental impacts and their consideration by an agency prior to a decision.
C. Under NEPA, agencies prepare an environmental assessment (“EA”), and use it to determine whether an EIS is required. For projects not requiring an EIS, a finding of no significant impact (FONSI) is issued.
D. NEPA requires examination of some economic, social justice, and other technical considerations that are excluded from SEPA. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.84.040 Projects partially within shoreline jurisdiction.
For projects only partially located within shoreline jurisdiction, the State Environmental Policy Act (SEPA) would apply to the entire project. While the shoreline permit must incorporate consideration of the entire integrated project and a determination of consistency with the policies of the SMA and the local SMP must be made, only the portion within the shoreline jurisdiction must meet the SMA and local SMP regulations and standards (e.g., height limit, lot coverage, etc.). (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.84.050 Flexible thresholds for categorical exemptions.
A. The city establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(d) in the following zoning districts: WMU, POS, and within the two-hundred-foot shoreline jurisdiction.
1. For single-family residential projects: up to thirty dwelling units;
2. For multifamily residential projects: up to sixty dwelling units;
3. For agricultural structures in WAC 197-11-800(1)(d): up to forty thousand square feet;
4. For office, school, commercial, recreational, service or storage buildings: up to thirty thousand square feet;
5. For parking facilities: up to ninety parking spaces;
6. For parking lots in WAC 197-11-800(1)(b)(iv): up to forty ninety parking spaces;
7. For landfills and excavations in WAC 197-11-800(1)(b)(v): up to one thousand cubic yards. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.84.051 Categorical exemptions without flexible thresholds.
A. Actions listed in WAC 197-11-800(2)(25).
B. The following wireless communications facilities not in a designated environmentally sensitive area and which do not consist of a series of actions, some of which are not categorically exempt, or that together may have a probable significant adverse environmental impact:
1. The siting of wireless service facilities are exempt if:
a. The collocation of new equipment, removal of equipment, or replacement of existing equipment on existing or replacement structures that does not substantially change the physical dimensions of such structures; or
b. The siting project involves constructing a wireless service tower less than sixty feet in height that is located in a commercial, industrial, manufacturing, forest, or agricultural zone.
2. For the purposes of this subsection:
a. “Wireless services” means wireless data and telecommunications services, including commercial mobile services, commercial mobile data services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations.
b. “Wireless service facilities” means facilities for the provision of wireless services.
c. “Collocation” means the mounting or installation of equipment on an existing tower, building, structure for the purposes of either transmitting or receiving, or both, radio frequency signals for communication purposes.
d. “Existing structure” means any existing tower, pole, building, or other structure capable of supporting wireless service facilities.
e. “Substantially change the physical dimensions” means:
i. The mounting of equipment on a structure that would increase the height of the structure by more than ten percent, or twenty feet, whichever is greater; or
ii. The mounting of equipment that would involve adding an appurtenance to the body of the structure that would protrude from the edge of the structure more than twenty feet, or more than the width of the structure at the level of the appurtenance, whichever is greater.
iii. This exemption does not apply to projects within a critical area designated under GMA. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)