Chapter 18.40
ENVIRONMENTAL REVIEW
Sections:
18.40.015 SEPA threshold determinations.
18.40.020 Substantive authority.
18.40.030 Categorical exemptions.
18.40.010 Purpose.
The purpose of this chapter is to highlight the environmental review requirements of the city and to integrate the provisions of the Washington State Growth Management Act and the Washington State Environmental Policy Act. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.40.010)), 2010.]
18.40.015 SEPA threshold determinations.
Within 90 days from the date that an application is deemed complete, a threshold determination is required for any proposal that is not categorically exempt. All threshold determinations shall result in a determination of nonsignificance (DNS), or a determination of significance (DS); provided, that the city may also issue a mitigated determination of nonsignificance (MDNS) based on conditions attached to the proposal, or on changes to, or clarifications of, the proposal made by the applicant.
A preliminary SEPA threshold determination, or preliminary SEPA action, does not substitute, or in any way circumvent, the process for making a final SEPA threshold determination or in taking a SEPA action. Preliminary SEPA determinations are intended to encourage early public comment on project applications.
A. After submission of an environmental checklist and prior to a threshold determination, an applicant may ask whether the city is considering issuing a DS. If so, the applicant may clarify or change features of the proposal to mitigate the impacts which make the DS likely. If a proposal continues to have a probable significant adverse environmental impact, even with the mitigating measures, an environmental impact statement (EIS) shall be prepared.
B. If a preliminary SEPA threshold determination was not made in conjunction with a notice of application, and no probable significant adverse impacts are anticipated, a determination of nonsignificance shall be issued and a 14-day comment period may be required pursuant to WAC 197-11-340(2)(a).
C. If a predecision open record public hearing is required, the SEPA threshold determination must be issued at least 14 days before the hearing.
D. Except for a determination of significance (DS), the city may not issue a decision on a project application until the expiration of the public comment period.
E. If the city makes a SEPA determination of significance (DS) concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice.
F. Whenever the city makes a threshold determination, it shall seek to include the public notice for this SEPA action with the notice of application or notice of decision for any associated land use application(s) or permits.
1. If no public notice is required for the permit or approval, the city shall give notice of the DNS or DS by publishing a notice in the city’s newspaper of record.
2. Whenever the city issues a DS, all public notices shall state the scoping procedure for the required EIS.
3. Whenever the city issues a draft EIS (DEIS), or supplemental EIS (SEIS), notice of the availability of those documents shall be given by:
a. Indicating the availability of the DEIS or SEIS in any public notice required for an associated land use application or permit;
b. Posting the property, for site-specific proposals;
c. Publishing notice in the city’s newspaper of record;
d. Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered;
e. Notifying the news media; and/or
f. Publishing notice in agency newsletters and/or sending notice to agency mailing lists.
G. Mitigation measures incorporated in the MDNS 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. [Ord. 1192 § 1 (Exh. A), 2022.]
18.40.020 Substantive authority.
The city adopts Chapter 197-11 WAC by reference unless otherwise noted or modified by the provisions of this title.
A. The city may attach written conditions to a permit or the approval of a proposed development activity; provided, that:
1. Such conditions are necessary to mitigate specific probable adverse environmental documents prepared pursuant to this chapter;
2. The mitigation measures included in such conditions are reasonable and capable of being accomplished;
3. The city has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and
4. Such conditions are based on one or more policies in this title and/or the city comprehensive plan, and are cited in the permit or other decision document.
B. The city may deny a permit or approval for a proposal on the basis of an environmental review so long as:
1. A finding is made that approving the proposals would result in probable significant adverse environmental impacts that are identified in a final EIS (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; or
3. The denial is based on one or more policies identified in this title and/or the city comprehensive plan, and are identified in writing in the decision document.
C. The city designates and adopts by reference the following goals, policies, plans, rules, and regulations, as amended, as the basis for the city’s exercise of authority pursuant to this chapter:
1. The goals and policies in the Roslyn comprehensive plan;
2. The provisions of the Roslyn Municipal Code;
3. The city of Roslyn municipal water and sewer plans;
4. The city of Roslyn six-year street plan;
5. The city of Roslyn stormwater plan;
6. The coal miners trail plan;
7. The city of Roslyn parks and recreation plan;
8. Plans relevant to the stewardship, maintenance, and use of the urban forest;
9. City of Roslyn watershed protection plans;
10. Washington State Stormwater Manual for Eastern Washington as adopted by the city of Roslyn;
11. City of Roslyn Standards and Guidelines for the Preservation, Rehabilitation, and Restoration of Historic Properties;
12. City of Roslyn applications and approvals as a National Historic District and certified local government;
13. Kittitas County countywide planning policies;
14. Other plans and policy documents approved by the Roslyn city council; and/or
15. The document known as the Ridge/Trendwest agreement regarding the Suncadia master planned development. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.40.020)), 2010.]
18.40.030 Categorical exemptions.
All proposed projects or development activities are subject to the provisions of this chapter and Chapter 197-11 WAC except those activities that are identified in WAC 197-11-800 as being categorically exempt from SEPA; provided, that:
A. The following new construction activities may be determined by the city to be exempt from the provisions of this chapter and Chapter 197-11 WAC unless the site contains critical areas:
1. The construction or location of up to four dwelling units;
2. The construction of a barn, loafing shed, farm equipment storage building, produce storage, or packing structure, or similar agricultural structure, covering up to 10,000 square feet; provided, that said structure complies with all other provisions of the city code and is to be used by the property owner or his or her agent in the conduct of permitted farming of the property;
3. The construction of an office, school, commercial, recreational, service, or storage building with up to 4,000 square feet and associated parking facilities designed for no more than 20 automobiles;
4. The construction of a parking lot designed for up to 20 automobiles; or
5. Any landfill or excavation of 100 cubic yards throughout the total lifetime of the fill or excavation.
B. The city’s determination that a proposal is exempt from SEPA shall be final and not subject to appeal. If a proposal is determined by the city to be exempt, none of the procedural requirements of this chapter shall apply to the proposal.
1. Proposed development activities that may be determined by the city to be exempt from certain provisions of this chapter must still comply with all other applicable provisions of this title and must obtain all other required permits and approvals.
2. If a proposed development activity includes both exempt and nonexempt actions, the whole development activity shall be subject to environmental review. No work may be initiated on exempt activities until authorized in writing by the city.
In particular, exempt and nonexempt clearing and grading activities shall not be initiated until all associated permits and approvals have been issued. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.40.030)), 2010.]
18.40.040 Preparation of EIS.
Preparation and issuance of a draft and final EIS (DEIS and FEIS) or a draft and final supplemental EIS (SEIS) is the responsibility of the city; provided, that certain environmental documents may be prepared by a consultant(s) selected by the city. All costs associated with the preparation and issuance of an EIS document shall be the responsibility of the project sponsor in accordance with the provisions of the city fee schedule and/or voluntary cost sharing agreement. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.40.040)), 2010.]