Chapter 21.08 STATE ENVIRONMENTAL POLICY ACT

D. The addition of any new section to, or amendment or repeal of, any section in any Washington Administrative Code provision adopted herein is deemed to amend the section of this code which has adopted it by reference, and it shall not be necessary for the city council to take any action with respect to such addition, amendment, or repeal. (Ord. 2008-06 § 71, 2008: Ord. A-3347 § 1(part), 1984).

Part II. General Requirements

21.08.020 Purpose of this part and adoption by reference.

This part contains the basic requirements that apply to the SEPA process. The city 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.

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 process.

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

197-11-232 SEPA/GMA integration procedures.

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 MCTA interim actions.

(Ord. 2008-06 § 72, 2008: Ord. A-3347 § 1(part), 1984).

21.08.030 Additional definitions.

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:

A. “City” means the city of Walla Walla.

B. “Department” means any division, subdivision, or organizational unit of the city established by ordinance, rule, or order.

C. “Development services department” (known and referred to alternatively herein as the “city’s community development department,” “staff,” or “planning staff”) means the department created by Section 2.17.010(F).

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

E. “Ordinance” means the ordinance, resolution or other procedure used by the city to adopt regulatory requirements.

F. “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. 2016-03 § 11, 2016: Ord. 2011-16 § 7, 2011: Ord. A-3347 § 1(part), 1984).

21.08.040 Designation of responsible official.

A. For those proposals for which the city is the lead agency, the responsible official shall be the city manager or his/her designee and such other staff granted authority to act on behalf of the city manager 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 that were adopted by reference in WAC 173-806-020 and contained within this chapter.

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. 2011-16 § 8, 2011: Ord. A-3347 § 1(part), 1984).

21.08.050 Lead agency determination and responsibilities.

A. The department within the city receiving an application for or initiating a proposal that involves a nonexempt action shall, in consultation with the responsible official, determine the lead agency for that proposal under WAC 197-11-050 and WAC

197-11-922 through WAC 197-11-940; unless the lead agency has been previously determined or the department or the responsible official is aware that another department or agency is in the process of determining the lead agency.

B. When the city is the lead agency for a proposal, the responsible official shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.

C. When the city is not the lead agency for a proposal, all departments of the city shall use and consider, as appropriate, either the DNS or the

FEIS of the lead agency in making decisions on the proposal. No city department shall 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.

D. 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 objections 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 fifteen day time period. Any such petition on behalf of the city shall be initiated by the responsible official.

E. Departments of the city are authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the responsible official and any department that will incur responsibilities as the result of such agreement must approve the agreement.

F. 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. (That is: Which agencies require nonexempt licenses?) (Ord. A-3347 § 1(part), 1984).

21.08.055 Additional considerations in time limits applicable to the SEPA process.

The following time limits shall apply when the city processes licenses for all private projects and those governmental proposals submitted to the city by other agencies:

A. Categorical Exemptions. The city shall identify whether an action is categorically exempt as provided in Section 20.14.080.

B. Threshold Determinations. The city should complete threshold determinations as provided in Section 20.14.080.

C. When the responsible official requires further information from the applicant or consultation with other agencies with jurisdiction:

1. The city should request such further information as provided in Chapter 20.14;

2. The city should wait no longer for a consulted agency to respond than provided in Chapter 20.14. (Ord. 2008-06 § 73, 2008: Ord. A-3347 § 1(part), 1984).

21.08.060 Additional timing considerations.

A. For nonexempt proposals, the DNS or FEIS for the proposal shall accompany the city’s staff recommendation to the hearing examiner, planning commission, city council or other similar bodies.

B. If the proposal is not subject to notice of application/proposal requirements under Section 20.14.065 and the city’s only action on a proposal is a decision on a building permit or other license 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. 2008-06 § 74, 2008: Ord. A-3347 § 1(part), 1984).

Part III. Categorical Exemptions and Threshold Determinations

21.08.065 Purpose of this part and adoption by reference.

This part contains the rules for deciding whether a proposal has a “probable significant environmental impact” requiring an environmental impact statement (EIS) to be prepared. This part also contains rules for evaluating the impacts of proposals not requiring an EIS. The city adopts the following sections by reference, as supplemented in this part:

WAC

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)/initiation of scoping.

197-11-390 Effect of threshold determination.

(Ord. 2008-06 § 75, 2008: Ord. A-3347 § 1(part), 1984).

21.08.080 Use of exemptions.

A. 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. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal.

B. 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). If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department’s consideration is exempt.

C. If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:

1. The city shall not give authorization for:

a. Any nonexempt action;

b. Any action that would have an adverse environmental impact; or

c. Any action that would limit the choice of alternatives;

2. 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

3. 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. (Ord. 2008-06 § 76, 2008: Ord. A-3347 § 1(part), 1984).

21.08.090 Environmental checklist.

A. A completed environmental checklist (or a copy), in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempted in this chapter; except, a checklist is not needed if the city and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The city shall use the environmental checklist to determine the lead agency and, if the city is the lead agency, by the responsible official in making the threshold determination.

B. For private proposals, the city will require the applicant to complete the environmental checklist. For city proposals, the department initiating the proposal shall complete the environmental checklist for that proposal. (Ord. A-3347 § 1(part), 1984).

21.08.100 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 determination of significance (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 before proceeding with the development authorization processing step in Chapter 20.14, which is preceded by the early notice request. A request for early notice shall be deemed to be a request by the applicant to delay development authorization processing until completion of the early notice procedure.

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 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. As much as possible, 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 and should make the determination within fifteen days of receiving 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 may be issued under either WAC 197-11-340(2), requiring a comment period and public notice, or WAC 197-11-355, which may require no additional comment period beyond the comment period on the notice of application/proposal.

G. 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.

H. If the city’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).

I. The city’s written response under subsection B of this section shall not be construed as a DS. 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. 2008-06 § 77, 2008: Ord. A-3347 § 1 (part), 1984).

Part IV. Environmental Impact Statement (EIS)

21.08.110 Purpose of this part and adoption by reference.

This part contains the rules for preparing environmental impact statements. The city adopts the following sections by reference, as supplemented by this part:

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.

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. A-3347 § 1(part), 1984).

21.08.120 Preparation of EIS – Additional considerations.

A. Preparation of draft and final EIS’s and supplemental environmental impact statements (SEIS’s) is the responsibility of the development services department under the direction of the responsible official. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.

B. The responsible official shall determine whether the draft and final EIS or SEIS shall be prepared by either the applicant or by a consultant. If the responsible official requires an EIS for a proposal and determines that someone other than the applicant will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. When the responsible official determines that an EIS, draft and final or supplemental, is to be prepared by a consultant, then the applicant will be requested to submit the names of two or more consultants whom he or she wishes to prepare the EIS to the responsible official. The responsible official shall have the authority to select the consultant who will prepare the EIS. The responsible official shall also notify the applicant of the city’s procedure for EIS preparation, including approval of the draft and final EIS prior to distribution.

C. The city may require an applicant to provide information the city does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. (Ord. 2008-06 § 78, 2008: Ord. A-3347 § 1(part), 1984).

21.08.125 Additional elements to be covered in an EIS.

The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under this chapter:

A. Economy;

B. Social policy analysis;

C. Cost-benefit analysis. (Ord. A-3347 § 1(part), 1984).

Part V. Commenting

21.08.128 Adoption by reference.

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.

197-11-545 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.

(Ord. 2008-06 § 79, 2008: Ord. A-3347 § 1(part), 1984).

21.08.130 Public notice.

A. Whenever possible, the city shall integrate the public notice required under this section with existing notice procedures for nonexempt permit(s) or approval(s) required for the proposal.

B. If a DNS is issued using the optional DNS process, the public notice requirements for notice of application/proposal in Section 20.14.065 of this code will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1).

C. 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 license, the notice shall state whether a DS or DNS has been issued and when comments are due.

2. If an environmental document is issued concurrently with the notice of application/proposal, the public notice requirements in Section 20.14.065 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 or approval, the city shall give public notice of the DNS or DS by:

a. Applicant Notice. The city shall deliver or mail notice to the applicant, or the person or entity designated by the applicant to receive notice.

b. Public Notice.

i. The city shall deliver or mail notice for nonexempt Level I and Level II proposals to the record owner(s) of property, as shown by the records of the Walla Walla County Assessor’s office, which is adjacent to the proposal site.

(A) If the owner of the proposal site owns another parcel or parcels of real property which lie adjacent to the proposal site, the notice shall be given to the record owner(s) of property, as shown by the records of the Walla Walla County Assessor’s office, which is adjacent to any portion of the boundaries of the proposal site or such other adjacently located parcels owned by the same owner as the proposal site.

(B) The city shall additionally post notice on the city Internet website.

(C) The city shall additionally deliver or mail notice to parties that have filed a special notification request in accordance with Section 20.14.015.

ii. The city shall deliver or mail notice for nonexempt Level III proposals to the record owner(s) of property, as shown by the records of the Walla Walla County Assessor’s office, which is adjacent to the proposal site.

(B) The city shall additionally post conspicuous notice at the proposal site and post notice on the city Internet website.

(C) The city shall additionally deliver or mail notice to parties that have filed a special notification request in accordance with Section 20.14.015.

iii. The city shall deliver or mail notice for nonexempt Level IV proposals to the record owner(s) of property, as shown by the records of the Walla Walla County Assessor’s office, which is within four hundred feet of the proposal site, as measured from each property line of the proposal site.

(A) If the owner of the proposal site owns another parcel or parcels of real property which lie adjacent to the proposal site, the notice shall be given to the record owner(s) of property, as shown by the records of the Walla Walla County Assessor’s office, which is within four hundred feet of any portion of the boundaries of the proposal site or such adjacently located commonly owned parcels, as measured from each property line.

(B) The city shall additionally post conspicuous notice at the proposal site and post notice on the city Internet website.

(C) The city shall additionally deliver or mail notice to parties that have filed a special notification request in accordance with Section 20.14.015.

iv. The city shall publish notice for nonexempt Level V and Level VI proposals in the Walla Walla Union Bulletin and post notice on the city Internet website.

v. The city shall deliver or mail notice for nonexempt proposals that are not otherwise identified in subsections (C)(3)(b)(i) through (iv) of this section to the record owner(s) of property, as shown by the records of the Walla Walla County Assessor’s office, which is adjacent to the proposal site.

(B) The city shall additionally post notice on the city Internet website.

(C) The city shall additionally deliver or mail notice to parties that have filed a special notification request in accordance with Section 20.14.015.

4. 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 in the public notice.

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 license; and the city shall give public notice of by: