4-9-070 ENVIRONMENTAL REVIEW PROCEDURES:
A. PURPOSE:
This Chapter contains procedures that implement the requirements of the State Environmental Policy Act of 1971 (SEPA), Chapter 43.21C RCW, as amended, and the SEPA rules adopted by the State of Washington, Department of Ecology, Chapter 197-11 WAC. It is intended that this Chapter establishes compliance with SEPA and the SEPA rules and that compliance with the requirements of this Code shall constitute procedural and substantive compliance. This Chapter provides for a Citywide approach and, to the fullest extent possible, the City will utilize a systematic, interdisciplinary approach which seeks to ensure the integrated use of the natural and social sciences. 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. The policies and goals set forth in this Section are supplementary to those set forth in existing authorizations of the State and City.
B. AUTHORITY:
The City of Renton adopts this Section under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904. The City of Renton possesses the authority to deny or condition actions in order to mitigate or prevent probable significant adverse environmental impacts. This authority applies to all City activities including actions as defined in this Section.
C. GENERAL STATE REQUIREMENTS:
The City of Renton adopts as its own the policies and objectives of the State Environmental Policy Act of 1971, as amended (chapter 43.21C RCW). The City of Renton adopts the following sections of chapter 197-11 WAC by reference:
WAC
197-11-040 Definitions.
197-11-050 Lead agency.
197-11-055 Timing of the SEPA process.
197-11-060 Content of environmental review.
197-11-070 Limitations on actions during SEPA process.
197-11-080 Incomplete or unavailable information.
197-11-090 Supporting documents.
197-11-100 Information required of applicants.
D. SEPA RESPONSIBLE OFFICIAL:
For those proposals for which the City is the lead agency, the responsible official shall be the Environmental Review Committee.
1. Committee Officials: The Environmental Review Committee shall consist of four (4) officials designated by the Mayor.
2. Committee Authority and Responsibility:
a. The Environmental Review Committee shall make the threshold determination, supervise scoping and preparations of any required environmental impact statement (EIS), and perform any other functions assigned to the “lead agency” or “responsible official” by applicable sections of the SEPA rules.
b. The Environmental Review Committee shall supervise compliance with the threshold determination and, if an EIS is necessary, shall supervise preparation of the draft and final EIS.
c. The Environmental Review Committee is authorized to develop operating procedures that will ensure responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the City. They may also develop further administrative and procedural guidelines for the administration by the responsible official of the provisions of this Chapter.
d. The Environmental Review Committee, or its 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 draft EIS and City compliance with WAC 197-11-550 whenever the City is a consulted agency.
E. OTHER AUTHORITY:
1. Hydraulic Projects: For those proposals requiring a hydraulic project approval under RCW 75.55.021, the State Department of Fish and Wildlife shall be considered an agency with jurisdiction.
2. Successor Agency: If a specific agency has been named in these rules, and the functions of that agency have changed or been transferred to another agency, the term shall mean any successor agency.
3. National Environmental Policy Act (NEPA): The Environmental Review Committee is authorized to serve as the responsible entity for purposes of compliance with NEPA (42 USC 4321).
F. LEAD AGENCY AUTHORITY:
The City adopts the following sections by reference:
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 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 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.
1. Determination of Lead Agency: The department within the City receiving an application for or initiating a proposal that involves a nonexempt action shall determine when the City is the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940; unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency. 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.
2. Lead Agency Agreements: The Environmental Review Committee is authorized to make agreements as to the lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the Environmental Review Committee and any department that will incur responsibilities as the result of such agreement approved the agreement.
3. Other Agency as Lead: 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 (DNS) or the final environmental impact statement (EIS) of the lead agency in making decisions on the proposal. The Environmental Review Committee 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.
4. City Objections: If the City or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within fifteen (15) days of receipt of the determination, or the City must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the fifteen (15) day time period. Any such petition on behalf of the City may be initiated by the Environmental Review Committee.
G. CATEGORICAL EXEMPTIONS:
The City adopts the following sections by reference: WAC 197-11-300, Purpose of this part; and 197-11-305, Categorical exemptions. The City adopts by reference the following rules for categorical exemptions:
WAC
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions.
1. Local Modifications: Under the authority established by WAC 197-11-800(1)(c), the City of Renton establishes the following exempt levels for minor new construction based on local conditions, replacing the exempt levels of WAC 197-11-800(1)(b)(i), (ii), (iv) and (v). 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).
a. For detached single-family residential dwelling units in WAC 197-11-800(1)(b)(i): nine (9) or less dwelling units.
b. For multifamily residential dwelling units in WAC 197-11-800(1)(b)(ii): nine (9) or less dwelling units.
c. For office, commercial, or service buildings in WAC 197-11-800(1)(b)(iv): four thousand (4,000) square feet or less of gross floor area; changes of use of four thousand (4,000) square feet or less when located in an existing office, commercial, or service building of four thousand (4,000) square feet or larger.
d. For landfills and excavations in WAC 197-11-800(1)(b)(v): Up to five hundred (500) cubic yards or less.
2. Exemption Decision: 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.
3. Proposal Description: 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).
4. Review Criteria: A department which is determining whether or not a proposal is exempt shall ascertain the total scope of the proposal and the governmental licenses required. If a proposal includes a series of actions, physically or functionally related to each other, some of which are exempt and some of which are not, the proposal is not exempt. For any such proposal, the lead agency shall be determined, even if the license application which triggers the department’s consideration is otherwise exempt. If the lead agency is the City, then the responsible official shall be designated as defined in subsection D of this Section.
5. Exempt and Nonexempt Actions: If a proposal includes both exempt and nonexempt actions, exempt actions may be authorized with respect to the proposal prior to the compliance with the procedural requirements of these guidelines except that:
a. The City shall not give authorization for:
i. Any nonexempt action;
ii. Any action that would have an adverse environmental impact;
iii. Any action that would limit the choice of alternatives; or
iv. Any action that will irrevocably commit the City to approve or authorize a major action.
b. A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and a department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved.
6. Timing: Identification of categorical exempt actions shall occur within ten (10) days of submission of an adequate and complete application.
7. Effect of Exemption: If a proposal is exempt, none of the procedural requirements of this Section apply to the proposal. The City shall not require completion of an environmental checklist for an exempt proposal.
H. CRITICAL AREAS/INAPPLICABLE EXEMPTIONS:
1. Critical Areas Maps: The map(s) in RMC 4-3-050E identify critical areas. The maps in RMC 4-3-090 identify regulated shorelines of the State. The specific environmentally critical areas where SEPA exemptions are not applicable are identified in subsection H3 of this Section. (Ord. 5976, 8-3-2020)
2. Critical Areas Designated: Wetlands, Protected Slopes, Very High Landslide Hazard Areas, Streams and Lakes, Channel Migration Zones, shorelines of the State designated as Aquatic Shoreline, Natural Environment or Urban Conservancy, and the one hundred (100) year floodway, as mapped and identified pursuant to subsection H1 of this Section, or when present according to the critical area classification criteria of RMC 4-3-050, are designated as environmentally critical areas pursuant to the State Environmental Policy Act, WAC 197-11-908. (Ord. 5976, 8-3-2020)
3. Inapplicable Exemptions:
a. Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. Unidentified exemptions shall continue to apply within environmentally critical areas of the City.
b. For each critical area, the exemptions within WAC 197-11-800 that are inapplicable for that area are:
WAC 197-11-800(1), except for the construction of one new single-family residence on an existing legal lot, provided the proposed development complies with RMC 4-3-050 and 4-3-090; however, this exception does not apply to projects within a channel migration zone or those projects requiring a variance or reasonable use exception from RMC 4-3-050 or 4-3-090.
WAC 197-11-800(2)(e), (f), (g), (h)
WAC 197-11-800(6)(d)
WAC 197-11-800(13)(c)
WAC 197-11-800(23)(c), (e)
WAC 197-11-800(24)(a), (b), (c), (d), (f), (g)
WAC 197-11-800(25)
c. Additionally, the exemptions within WAC 197-11-800 are inapplicable to wetlands:
WAC 197-11-800(3), except for the repair, remodeling, or maintenance of an existing single-family residence, provided the proposed development complies with RMC 4-3-050 and 4-3-090. This exception would not apply to projects within a channel migration zone or those projects requiring a variance or reasonable use exception from RMC 4-3-050 or 4-3-090.
WAC 197-11-800(4)
WAC 197-11-800(6)
WAC 197-11-800(8)
4. Proposals Located within Critical Areas: The City shall treat proposals located wholly or partially within a critical area no differently than other proposals under this Section, making a threshold determination for all such proposals. The City shall not automatically require an EIS for a proposal merely because it is proposed for location in a critical area. (Ord. 5841, 6-12-2017)
I. ENVIRONMENTAL CHECKLIST:
1. When Required: A completed environmental checklist (or a copy), in the form provided in WAC 197-11-960, along with the appropriate environmental fees, shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempted in this Section; except, a checklist is not needed if the Environmental Review Committee and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency.
2. Lead Agency and Threshold Determination: The department within the City receiving the application or initiating the action shall use the environmental checklist to determine the lead agency. If the City is the lead agency, the Environmental Review Committee shall use the environmental checklist for making the threshold determination.
3. Checklist Preparation:
a. For private proposals the department within the City receiving the application will require the applicant to complete the environmental checklist, providing assistance as necessary. The Environmental Review Committee may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs:
i. The City has technical information on a question or questions that is unavailable to the private applicant; or
ii. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.
b. For City proposals the department initiating the proposal shall complete the environmental checklist for that proposal.
4. Additional Information: The Environmental Review Committee may require specific detailed information at any time.
J. THRESHOLD DETERMINATION PROCESS:
This part contains rules for evaluating the impacts of the proposals not requiring an environmental impact statement (EIS). The City adopts the following sections by reference:
WAC
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.
1. Identification of Impacts: As much as possible, the Environmental Review Committee should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
2. Time Limits: The following time limits (expressed in calendar days) shall apply to the processing of all private projects and to those governmental proposals submitted to this City by other agencies:
a. Threshold determinations not requiring further information from the applicant or consultation with agencies with jurisdiction should be completed within fifteen (15) days of submission of an adequate application and the completed checklist.
b. Threshold determinations requiring further information from the applicant or consultation with other agencies with jurisdiction should be completed within twenty (20) days of receiving the requested information from the applicant or the consulted agency; requests by the City for such further information should be made within twenty (20) days of the submission of an adequate application and completed checklist; when a request for further information is submitted to a consulted agency, the City shall wait a maximum of thirty (30) days for the consulted agency to respond. Threshold determinations which require that further studies including, but not limited to, field investigations be initiated by the City should be completed within thirty (30) days of submission of an adequate application and the completed checklist.
c. Threshold determinations on actions where the applicant recommends in writing that an EIS be prepared, because of the probable significant adverse environmental impacts described in the application, shall be completed within twenty (20) days of submission of an adequate application and the completed checklist.
d. When a threshold determination is expected to require more than twenty (20) days to complete and a private applicant requests notification of the date when a threshold determination will be made, the Environmental Review Committee or its agent shall transmit to the private applicant a written statement as to the expected date of decision.
3. Mitigated DNS Authorized: As provided in this Section and in WAC 197-11-350, the Environmental Review Committee may issue a DNS based on changes to, or clarification of, the proposal made by the applicant.
4. Changed Proposal: When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the Environmental Review Committee shall base its threshold determination on the changed or clarified proposal and should make the determination within twenty (20) days of receiving the changed or clarified proposal.
5. DNS Authorized Following Early Notice: If the Environmental Review Committee indicated specific mitigation measures in its response to a request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the Environmental Review Committee shall issue and circulate a DNS under WAC 197-11-340(2).
6. Mitigation Measures:
a. The applicant’s proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific, feasible and enforceable. For example, proposals to “control noise” or “prevent stormwater runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct two hundred foot (200') stormwater retention pond at Y location” are adequate.
b. 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.
c. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the City.
7. DNS Public Comment and Notice Period: A mitigated DNS (MDNS) is issued under WAC 197-11-340(2), requiring a fifteen (15) day comment period and public notice.
8. Staff Recommendation for Certain Proposals: For nonexempt proposals, the DNS for the proposal shall accompany the City’s staff recommendation to the Hearing Examiner or other appropriate advisory body, such as the Planning Commission.
9. Effect of MDNS: In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the Environmental Review Committee to consider the clarification or changes in its threshold determination.
10. Request for Early Notice: An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350.
a. The request must follow submission of an environmental checklist for a nonexempt proposal for which the City is lead agency and precede the City’s actual threshold determination for proposal.
b. The Environmental Review Committee should respond to the request for early notice within fifteen (15) working days. The response shall:
i. Be written;
ii. State whether the Environmental Review Committee currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the Environmental Review Committee to consider a DS; and
iii. 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.
K. ENVIRONMENTAL IMPACT STATEMENTS (EIS):
1. Purpose: This part contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared and contains the rules for preparing environmental impact statements. The City adopts the following sections by reference:
WAC
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 (Optional).
197-11-420 EIS preparation.
197-11-425 Style and size.
197-11-430 Format.
197-11-440 EIS contents.
197-11-442 Contents of EIS on nonproject proposal.
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.
2. Review of draft and final EIS (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the Environmental Review Committee. Before the City issues an EIS, the Environmental Review Committee shall be satisfied that it complies with this Section and chapter 197-11 WAC.
3. Preparation of Environmental Impact Statement: The DEIS and FEIS or draft and final SEIS shall be prepared by the City staff, the applicant, or by a consultant selected by the City through its consultant selection process. If the Environmental Review Committee requires an EIS for a proposal and determines that someone other than the City will prepare the EIS, the Environmental Review Committee shall notify the applicant immediately after completion of the threshold determination. The Environmental Review Committee shall also notify the applicant of the City’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.
4. Information Required: The City may require an applicant to provide information the City does not possess, including, but not limited to, specific investigations. However, the applicant is not required to supply information that is not required under this Section or that is being requested from another agency. (This does not apply to information the City may request under another ordinance or statute.)
5. Staff Recommendation: For nonexempt proposals, the final EIS for the proposal shall accompany the City’s staff recommendation to the Hearing Examiner or other appropriate advisory body, such as the Planning Commission.
6. Information Shall Be Provided: The Environmental Review Committee may refuse to process and consider a private application further if the applicant fails or refuses to provide information required for the preparation of an adequate EIS.
7. Additional Elements: The Environmental Review Committee may require the following additional elements as part of the environment for the purpose of EIS content, but these elements do not add to the criteria for threshold determination or perform any other function or purpose under this Section.
a. Economics, including the effects on both the public and private sector,
b. Cultural factors,
c. Quality of life,
d. Neighborhood cohesion,
e. Sociological factors, and
f. Image of the City.
L. RECONSIDERATIONS: (Reserved)
M. SEPA SUBSTANTIVE AUTHORITY:
This part contains rules (and policies) for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. The City adopts the following sections by reference:
WAC
197-11-650 Purpose of this part.
197-11-655 Implementation.
197-11-660 Substantive authority and mitigation.
197-11-680 Appeals.
1. Supplemental Policies and Goals: The policies and goals set forth in this Section are supplementary to those in the existing authorization of the City of Renton.
2. Substantive Authority: The City designates and adopts by reference the following policies as the basis for the City exercise of authority pursuant to this Section:
a. 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. Assure 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, 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.
b. The City adopts, by reference, the policies in the following City codes, ordinances, resolutions and plans as they currently appear and as hereafter amended:
Cedar River Master Plan (1976)
Comprehensive Solid Waste Management Plan (1983)
Green River Valley Plan (1984)
Fire Department Master Plan (1987)
Airport Master Plan
King County Stormwater Management Manual (1990)
Comprehensive Water System Plan
Comprehensive Park, Recreation and Open Space Plan
Long Range Wastewater Management Plan
King County Comprehensive Housing Affordability Strategy (CHAS)
Shoreline Master Program
King County Solid Waste Management Plan
Countywide Planning Policies
Six-Year Transportation Improvement Plan
Street Arterial Plan
Traffic Mitigation Resolution and Fee (1994)
Parks Mitigation Resolution and Fee (1994)
Fire Mitigation Resolution and Fee (1994)
Comprehensive Plan
3. Attaching Conditions: The City may attach conditions to a permit or approval for a proposal so long as:
a. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this Section; and
b. Such conditions are in writing; and
c. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and
d. The City has considered whether other local, State, or Federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and
e. Such conditions are based on one or more policies in subsection M2 of this Section and cited in the license or other decision document.
4. Denial Authorized: The City may deny a permit or approval for a proposal on the basis of SEPA so long as:
a. 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 Section; and
b. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and
c. The denial is based on one or more policies identified in subsection M2 of this Section and identified in writing in the decision document.
5. Environmental Review Committee Recommendations: Where a FEIS or DNS has been prepared, the Environmental Review Committee may recommend to the decision maker those reasonable conditions necessary to mitigate or avoid the adverse impacts of the proposal. Said recommendation shall be adopted as a condition of approval, unless the decision maker identifies in writing a substantial error in fact or conclusion by the Environmental Review Committee.
6. Action of Decision Maker: Based upon such finding, the decision maker may revise the recommended conditions or may remand the proposal to the Environmental Review Committee for reconsideration. Nothing in this provision shall be deemed to limit the authority of the decision maker to impose conditions under SEPA beyond those recommended by Environmental Review Committee or to condition or deny a proposal based upon other statutory authority.
N. USING EXISTING ENVIRONMENTAL DOCUMENTS:
This part 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 by reference:
WAC
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.
O. PUBLIC NOTICE AND COMMENTING:
This part contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The City adopts the following sections by reference, as supplemented in this part:
WAC
197-11-500 Purpose of this part.
197-11-502 Inviting comment.
197-11-504 Availability and cost of environmental documents.
197-11-508 SEPA register.
197-11-535 Public hearings and meetings.
197-11-545 Effect of no comment.
197-11-550 Specificity of comments.
197-11-560 FEIS response to comments.
197-11-570 Consulted agency costs to assist lead agency.
1. Threshold Determinations: Whenever the Environmental Review Committee of the City of Renton issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the Environmental Review Committee shall give public notice as follows:
a. If no public notice is required for the permit or approval, the City shall give notice of the DNS or DS by:
i. Posting on the property for site-specific proposals, or posting on the City’s webpage for non-site-specific proposals; and
ii. Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located.
b. Whenever the Environmental Review Committee issues a DS under WAC 197-11-360(3), the Environmental Review Committee shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.
2. Optional DNS Process: The Environmental Review Committee utilizes a single integrated comment period under WAC 197-11-355 to obtain comments on a notice of application and the likely threshold determination for the proposal if the Environmental Review Committee has a reasonable basis for determining that significant environmental impacts are unlikely. Notice shall follow procedures in accordance with RMC 4-8-090, Public Notice Requirements, for the optional DNS process.
3. Public Notice: Whenever the Environmental Review Committee 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:
a. Posting on the property for site-specific proposals, or posting on the City’s webpage for non-site-specific proposals; and
b. Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located.
4. Consolidation of Public Notice: Whenever possible, the Environmental Review Committee shall integrate the public notice required under this Section with existing notice procedures for the City’s nonexempt permit(s) or approval(s) required for the proposal.
5. Responsibility of Cost: The Environmental Review Committee may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense.
6. Notice: The City, applicant for, or proponent of any action may publish a notice of action pursuant to RCW 43.21C.080 for any action. The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the City Clerk or County Auditor, applicant or proponent pursuant to RCW 43.21C.080. An applicant’s request for publication shall include payment of the costs associated with such notice.
7. Record Retention: 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. 5841, 6-12-2017)
P. DEFINITIONS AND INTERPRETATION OF TERMS:
This part contains uniform usage and definitions of terms under SEPA. The City adopts the following sections by reference:
WAC
197-11-700 Definitions.
197-11-702 Act.
197-11-704 Action.
197-11-706 Addendum.
197-11-708 Adoption.
197-11-710 Affected tribe.
197-11-712 Affecting.
197-11-714 Agency.
197-11-716 Applicant.
197-11-718 Built environment.
197-11-720 Categorical exemption.
197-11-721 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 Incorporation by reference.
197-11-756 Lands covered by water.
197-11-758 Lead agency.
197-11-760 License.
197-11-762 Local agency.
197-11-764 Major action.
197-11-766 Mitigated DNS.
197-11-768 Mitigation.
197-11-770 Natural environment.
197-11-772 NEPA.
197-11-774 Nonproject.
197-11-775 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.
1. Interpretation:
a. Unless the context clearly requires otherwise:
i. Use of the singular shall include the plural and conversely.
ii. “Preparation” of environmental documents refers to preparing or supervising the preparation of documents, including issuing, filing, printing, circulating, and related requirements.
iii. “Impact” refers to environmental impact.
iv. “Permit” means “license” (WAC 197-11-760).
v. “Commenting” includes but is not synonymous with “consultation.”
vi. “Environmental cost” refers to adverse environmental impact and may or may not be quantified.
vii. “EIS” refers to draft, final, and supplemental EISs (WAC 197-11-405 and 197-11-738).
viii. “Under” includes pursuant to, subject to, required by, established by, in accordance with, and similar expressions of legislative or administrative authorization or direction.
ix. “Shall” is mandatory.
x. “May” is optional and permissive and does not impose a requirement.
xi. “Include” means “include but not limited to.”
b. The following terms are synonymous:
i. Effect and impact (WAC 197-11-752).
ii. Environment and environmental quality (WAC 197-11-740).
iii. Major and significant (WAC 197-11-764 and 197-11-794).
iv. Proposal and proposed action (WAC 197-11-784).
v. Probable and likely (WAC 197-11-782).
c. In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this Section, the following terms shall have the following meanings, unless the context indicates otherwise:
DEPARTMENT: Any division, subdivision or organizational unit of the City established by ordinance, rule, or order.
DNS: Determination of nonsignificance.
DS: Determination of significance.
EARLY NOTICE: 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).
EIS: Environmental impact statement.
ERC: The Environmental Review Committee of the City of Renton.
ORDINANCE: The ordinance, resolution, or other procedure used by the City to adopt regulatory requirements.
SEPA RULES: Chapter 197-11 WAC adopted by the Department of Ecology.
Q. FORMS ADOPTED BY REFERENCE:
The City adopts the following forms and sections by reference:
WAC
197-11-960 Environmental checklist.
197-11-965 Adoption notice.
197-11-970 Determination of nonsignificance (DNS).
197-11-980 Determination of significance (DS).
197-11-985 Notice of assumption of lead agency status.
197-11-990 Notice of action.
R. APPEALS:
Except for permits and variances issued pursuant to RMC 4-3-090, Shoreline Master Program Regulations, when any proposal or action is granted, conditioned, or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the Hearing Examiner under the provisions of RMC 4-8-110, Appeals. (Ord. 5902, 12-10-2018; Ord. 6003, 12-14-2020)
S. EXPIRATION: (Reserved)
T. MODIFICATIONS OF APPROVED PLANS: (Reserved)
(Ord. 3891, 2-25-1985; Ord. 4353, 6-1-1992; Ord. 4725, 5-18-1998; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Ord. 4999, 1-13-2003; Ord. 5137, 4-25-2005; Ord. 5530, 3-8-2010; Ord. 5951, 11-18-2019)