Chapter 14.32
AGENCY COMPLIANCE
Sections:
14.32.010 Purpose of this chapter and adoption by reference.
14.32.010 Purpose of this chapter and adoption by reference.
This chapter 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 by reference the following sections of Chapter 197-11 of the Washington Administrative Code, as now exists or as hereafter amended, as supplemented by this chapter:
WAC 197-11-900 Purpose of this part.
197-11-902 Agency SEPA 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 agency with jurisdiction.
197-11-932 Lead agency for private projects requiring permits from more than one agency, when one of the agencies is a county/city.
197-11-934 Lead agency for private projects requiring permits from a local agency, not a county/city, and one or more state agencies.
197-11-936 Lead agency for private projects requiring permits from more than one state agency.
197-11-938 Lead agencies for specific proposals.
197-11-940 Transfer of lead agency status to a state agency.
197-11-942 Agreements on lead agency status.
197-11-944 Agreements on division of lead agency duties.
197-11-946 DOE resolution of lead agency disputes.
197-11-948 Assumption of lead agency status.
(Ord. 98-567 § 8.1, 1998)
14.32.020 Critical areas.
The city has selected certain categorical exemptions that will not apply in one or more critical areas identified in the critical areas ordinances required under RCW 36.70A.060. For each critical area listed below, the exemptions within WAC 197-11-800 that are inapplicable for that area are:
A. For geologic hazard areas (including steep slopes), those exemptions that do not apply within that critical area include minor land use decisions, including those listed in WAC 197-11-800(6)(a)-short plats, and WAC 197-11-800(6)(b)-variances, and utilities, including all those listed in WAC 197-11-800(24).
B. 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.
C. All categorical exemptions not listed in subsection A of this section apply whether or not the proposal will be located in a critical area.
(Ord. 98-567 § 8.2, 1998)
14.32.030 Fees.
A. Threshold Determination. For every environmental checklist the city will review when it is lead agency, the city shall collect a fee from the proponent of the proposal prior to undertaking the threshold determination. The amount of the fee shall be set in the city’s adopted fee schedule. The time periods provided by this title for making a threshold determination shall not begin to run until payment of the fee.
B. Environmental Impact Statement.
1. When the city is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred by the city in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.
2. The responsible official may determine that the city will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the city and may bill such costs and expenses directly to the applicant. The city may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the city and applicant after a call for proposals.
3. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsections (B)(1) or (B)(2) of this section which remain after incurred costs are paid.
C. The city may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this title relating to the applicant’s proposal.
D. The city shall not collect a fee for performing its duties as a consulted agency.
E. The city may charge any person for copies of any document prepared under this title, and for mailing the document, in a manner provided by Chapter 42.17 RCW.
(Ord. 98-567 § 8.3, 1998)