Chapter 21.08
STATE ENVIRONMENTAL POLICY ACT

Sections:

Part I. Authority

21.08.010    Authority.

Part II. General Requirements

21.08.020    Purpose of this part and adoption by reference.

21.08.030    Additional definitions.

21.08.040    Designation of responsible official.

21.08.050    Lead agency determination and responsibilities.

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

21.08.060    Additional timing considerations.

Part III. Categorical Exemptions and Threshold Determinations

21.08.065    Purpose of this part and adoption by reference.

21.08.080    Use of exemptions.

21.08.090    Environmental checklist.

21.08.100    Mitigated DNS.

Part IV. Environmental Impact Statement (EIS)

21.08.110    Purpose of this part and adoption by reference.

21.08.120    Preparation of EIS – Additional considerations.

21.08.125    Additional elements to be covered in an EIS.

Part V. Commenting

21.08.128    Adoption by reference.

21.08.130    Public notice.

21.08.135    Public hearings and meetings.

21.08.140    Designation of department to perform consulted agency responsibilities for the city.

Part VI. Using Existing Environmental Documents

21.08.150    Purpose of this part and adoption by reference.

Part VII. SEPA and Agency Decisions

21.08.155    Purpose of this part and adoption by reference.

21.08.160    Substantive authority.

21.08.170    Appeals.

21.08.173    Notice – Statute of limitations.

Part VIII. Definitions

21.08.175    Purpose of this part and adoption by reference.

Part IX. Categorical Exemptions

21.08.180    Adoption by reference.

21.08.181    Categorical exemptions.

Part X. Agency Compliance

21.08.185    Purpose of this part and adoption by reference.

21.08.200    Fees.

Part XI. Forms

21.08.210    Adoption by reference.

Part XII. Enforcement

21.08.220    Violation – Penalty.

Part I. Authority

21.08.010 Authority.

A. The city adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA Rules, WAC 197-11-904.

B. This chapter contains this city’s SEPA procedures and policies.

C. The SEPA Rules, Chapter 197-11 WAC, must be used in conjunction with this chapter.

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 of this code 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 of this code.

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.

(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 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 of this code.

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 of this code.

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.

(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 of this code.

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:

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 of this code.

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.

(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 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 of this code.

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 of this code.

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 (D)(1)(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.

(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 of this code.

E. Public notice for projects that qualify as planned actions shall be tied to the underlying permit as specified in WAC 197-11-172(3).

F. The city may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. (Ord. 2008-06 § 80, 2008: Ord. A-3347 § 1(part), 1984).

21.08.135 Public hearings and meetings.

A. If a public hearing on the proposal is held under some other requirement of law, such hearing shall be open to consideration of the environmental impact of the proposal, together with any environmental document that is available. This does not require extension of the comment periods for environmental documents.

B. In all other cases a public hearing on the environmental impact of a proposal shall be held whenever one or more of the following situations occur:

1. The lead agency determines, in its sole discretion, that a public hearing would assist it in meeting its responsibility to implement the purposes and policies of SEPA and these rules; or

2. When fifty or more persons residing within the jurisdiction of the lead agency, or who would be adversely affected by the environmental impact of the proposal, make written request to the lead agency within thirty days of issuance of the draft EIS; or

3. When two or more agencies with jurisdiction over a proposal make written request to the lead agency within thirty days of the issuance of the draft EIS.

C. Whenever a public hearing is held under subsection B of this section upon a proposal for which an EIS is required, it shall occur no earlier than fifteen days from the date the draft EIS is issued, nor later than fifty days from its issuance. Notice shall be given under WAC 197-11-502(6) and 197-11-510 and may be combined with other agency notice.

D. If a public hearing is required under this chapter, it shall be open to discussion of all environmental documents and any written comments that have been received by the lead agency prior to the hearing. A copy of the environmental document shall be available at the public hearing.

E. Comments at public hearings should be as specific as possible (see WAC 197-11-550).

F. Agencies and their designees may hold informal public meetings or workshops. Such gatherings may be more flexible than public hearings and are not subject to the above notice and similar requirements for public hearings.

G. Public meetings held by local governments under Chapter 36.70B RCW may be used to meet SEPA public hearing requirements as long as the requirements for public hearing in this section are met. A public hearing under this section need not be an open record hearing as defined in RCW 36.70B.020(3).

H. Requests for SEPA public hearings under subsections (B)(2) and (B)(3) of this section are deemed waived if such requests are not received by the lead agency within the time periods provided therein. Requests for SEPA public hearings upon proposals subject to Level I or II review processes under Title 20 of this code are deemed waived unless the lead agency receives a request for special notice, in accordance with Section 20.14.015, together with a written request for a public hearing during the comment period upon a proposal. The lead agency shall determine timely requests for a SEPA public hearing upon proposals subject to Level I or II review processes as provided in subsection (B)(1) of this section. (Ord. 2008-06 § 81, 2008).

21.08.140 Designation of department to perform consulted agency responsibilities for the city.

A. The development services department 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, or reviewing a DEIS.

B. The development services department shall be responsible for the city’s compliance with WAC 197-11-550 whenever the city is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city. (Ord. 2008-06 § 82, 2008: Ord. A-3347 § 1(part), 1984).

Part VI. Using Existing Environmental Documents

21.08.150 Purpose of this part and adoption by reference.

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

197-11-164    Planned actions – Definition and criteria.

197-11-168    Ordinances or resolutions designating planned actions – Procedures for adoption.

197-11-172    Planned actions – Project review.

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.

(Ord. 2008-06 § 83, 2008: Ord. A-3347 § 1(part), 1984).

Part VII. SEPA and Agency Decisions

21.08.155 Purpose of this part and adoption by reference.

This part contains rules (and policies) for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. 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.

(Ord. A-3347 § 1(part), 1984).

21.08.160 Substantive authority.

A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city.

B. The city may attach conditions to a permit or approval for a proposal so long as:

1. Such conditions are necessary to mitigate specific probable significant adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and

2. Such conditions are in writing; and

3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

4. The city has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

5. Such conditions may include, but are not limited to, the following:

a. Exact location and nature of development, including additional building and parking area setbacks, screenings in the form of landscaped berms, landscaping, or fencing;

b. Impact of the development upon other land or public right-of-way;

c. Provision for low-income and moderate-income housing;

d. Hours of use or operation or type and intensity of activities;

e. Sequence in scheduling of development;

f. Maintenance and protection of the development (i.e., fire, police);

g. Duration of use and subsequent removal of structures; and

h. Granting of easements for utilities or other purposes and dedication of land or other provision for public facilities, the need for which the agency finds would be generated in whole or in significant part by the proposed development; and

6. Such conditions are based on one or more policies in subsection D of this section and identified in writing in the decision document.

C. The city may deny a permit or approval of proposal on the basis of SEPA so long as:

1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or SEIS prepared pursuant to this chapter; and

2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

3. The denial is based on one or more policies identified in subsection D of this section and identified in writing in the decision document.

D. The city designates and adopts by reference the following policies as the basis for the city’s exercise of authority pursuant to this section:

1. The city shall use all practical 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:

a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

b. Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

d. Preserve important historic, cultural and natural aspects of our national heritage;

e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

f. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and

g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

2. 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.

3. The city adopts by reference the policies in the following city codes, ordinances, resolutions and plans, as exist or may hereinafter be amended:

(i) Title 1, General Provisions, of the Walla Walla Municipal Code;

(ii) Title 2, Administration and Personnel, of the Walla Walla Municipal Code;

(iii) Title 3, Revenue and Finance, of the Walla Walla Municipal Code;

(iv) Title 5, Business Licenses and Regulations, of the Walla Walla Municipal Code;

(v) Title 6, Animals, of the Walla Walla Municipal Code;

(vi) Title 8, Health and Safety, of the Walla Walla Municipal Code;

(vii) Title 9, Public Peace, Morals and Welfare, of the Walla Walla Municipal Code;

(viii) Title 10, Vehicles and Traffic, of the Walla Walla Municipal Code;

(ix) Title 12, Streets and Sidewalks, of the Walla Walla Municipal Code;

(x) Title 13, Water and Sewers, of the Walla Walla Municipal Code;

(xi) Title 15, Building and Construction, of the Walla Walla Municipal Code;

(xii) Title 17, Local Improvements, of the Walla Walla Municipal Code;

(xiii) Title 19, Subdivisions, of the Walla Walla Municipal Code;

(xiv) Title 20, Zoning, of the Walla Walla Municipal Code;

(xv) Title 21, Environment, of the Walla Walla Municipal Code;

(xvi) Walla Walla Urban Area Comprehensive Plan and Environmental Impact Statement, and documents therein incorporated by reference;

(xvii) Downtown Master Plan;

(xviii) City of Walla Walla Shoreline Master Program;

(xix) City of Walla Walla Critical Areas Ordinance;

(xx) City Comprehensive Water System Plan;

(xxi) City Prezone Ordinance;

(xxii) Water Facility Vulnerability Assessment;

(xxiii) City of Walla Walla Urban Growth Area Water and Wastewater Study; and

(xxiv) Walla Walla/College Place Coordinated Water Service System Plan;

(xxv) City of Walla Walla Wastewater Facility Plan;

(xxvi) Risk Management Plan for the Mill Creek Water Treatment Plant Chlorination Process; and

(xxvii) Walla Walla County Solid Waste Management Plan. (Ord. 2008-06 § 84, 2008: Ord. A-3347 § 1(part), 1984).

21.08.170 Appeals.

A. The city establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:

1. Pursuant to RCW 43.21C.060, the city of Walla Walla formally eliminates appeals to the city council.

2. No administrative SEPA appeal is allowed for Level III, Level IV, Level V, or Level VI proposals except as provided in subsection (A)(4) of this section.

3. An administrative appeal of SEPA determinations on Level I and Level II proposals may be made to the Walla Walla hearing examiner as provided herein.

a. Appeal of intermediate steps under SEPA (e.g., lead agency determination, scoping, draft EIS adequacy) shall not be allowed.

b. Appeals on SEPA procedures shall be limited to review of a final threshold determination and/or final EIS. Only one administrative appeal is allowed, and successive administrative appeals on these issues are not allowed; provided, however, that this limitation does not apply to administrative appeals before another agency.

c. Appeals must be consolidated with an appeal of the development authorization decision and proceed as provided in Chapter 20.38 of this code. SEPA determinations shall be appealable only upon issuance of the final development authorization decision.

d. Procedural determinations by the responsible official shall be entitled to substantial weight.

e. A record for an appeal shall be prepared by the development services department and made available for public review and copying at least seven calendar days prior to the appeal hearing.

f. An appeal of a SEPA determination under this subsection must be filed within fourteen calendar days after service of the notice of decision/action for the proposal under Section 20.14.090 is deemed complete under Section 20.14.050 or Section 20.14.055. If Section 20.14.090 requires notice to be given by more than one method, the appeal period shall commence on the earliest date that the appellant is deemed to receive any of the methods of notice. Appeals must be filed with the development services department before 5:00 p.m. on the last business day of the appeal period.

4. An administrative SEPA appeal is allowed for Level III, Level IV, Level V, or Level VI proposals as provided herein.

a. The following SEPA determinations on Level III, Level IV, Level V, or Level VI proposals may be appealed to the Walla Walla hearing examiner:

i. A determination of significance;

ii. A procedural determination made by the city responsible official when the city is a project proponent on a Level III or Level IV proposal, or is funding a Level III or Level IV project proposal, and chooses to conduct its review under SEPA, including any appeals of its procedural determinations, prior to submitting an application for a project permit. Subsequent appeals of substantive determinations by an agency with jurisdiction over the proposal shall be allowed under the SEPA appeal procedures of the agency with jurisdiction; and

iii. A procedural determination made by the responsible official on a nonproject action.

b. Appeal of intermediate steps under SEPA (e.g., lead agency determination, scoping, draft EIS adequacy) shall not be allowed.

c. Appeals of determinations of significance and appeals of procedural determinations on nonproject actions shall be decided prior to the public hearing upon the proposal for which the determination(s) were made and shall not be consolidated with the open record hearing on the proposal. Such appeals shall proceed as provided in Chapter 20.38 of this code. A copy of the administrative appeal decision shall be provided to the approving authority by no later than the time of hearing on the proposal.

d. Hearings upon appeals under subsection (A)(4)(a)(ii) of this section must be consolidated with the open record hearing on the proposal as provided in Section 20.14.030. Such appeals shall proceed as provided in Chapter 20.38 of this code.

e. Procedural determinations by the responsible official shall be entitled to substantial weight.

f. A record for an appeal shall be prepared as provided in RCW 43.21C.075(3).

g. An appeal of a SEPA determination under this subsection must be filed within fourteen calendar days after the determination is made without regard to the date of service of notice of the determination. Appeals must be filed with the development services department before 5:00 p.m. on the last business day of the appeal period.

B. The administrative appeal procedures provided herein must be used before anyone may initiate judicial review of any SEPA issue that could have been reviewed hereunder. (Ord. 2008-06 § 85, 2008: Ord. A-3347 § 1(part), 1984).

21.08.173 Notice – Statute of limitations.

A. The city, applicant for, or proponent of, any action may publish a notice of action pursuant to RCW 43.21C.080 for any action.

B. The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the development services department, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 2008-06 § 86, 2008: Ord. A-3347 § 1(part), 1984).

Part VIII. Definitions

21.08.175 Purpose of this part and adoption by reference.

This part contains uniform usage and definitions of terms under SEPA. The city adopts the following sections by reference, as supplemented by WAC 173-806-030:

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.

(Ord. 2008-06 § 87, 2008: Ord. A-3347 § 1(part), 1984).

Part IX. Categorical Exemptions

21.08.180 Adoption by reference.

The city adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including WAC 173-806-080 (Use of exemptions):

WAC

197-11-880    Emergencies.

197-11-890    Petitioning DOE to change exemptions.

(Ord. 2010-26 § 7, 2010: Ord. 2008-06 § 88, 2008: Ord. A-3685 § 1, 1991: Ord. A-3347 § 1(part), 1984).

21.08.181 Categorical exemptions.

A. Proposed actions exempted in Chapter 43.21C RCW are exempt to the extent provided therein, subject to the rules and limitations on categorical exemptions contained in WAC 197-11-305.

B. Proposed actions exempted in WAC 197-11-810 through 197-11-875 are categorically exempt from threshold determination and EIS requirements to the extent provided therein, subject to the rules and limitations on categorical exemptions contained in WAC 197-11-305.

C. The following described proposed actions are categorically exempt from threshold determination and EIS requirements to the extent provided herein, subject to the rules and limitations on categorical exemptions contained in WAC 197-11-305:

1. Minor New Construction – Flexible Thresholds.

a. The exemptions in this subsection apply to all licenses required to undertake the construction in question, except when a rezone or any license governing emissions to the air or discharges to water is required. To be exempt under this subsection, the project must be equal to or smaller than the exempt level. For a specific proposal, the exempt level in subsection (C)(1)(b) of this section shall control. If the proposal is located in more than one city/county, the lower of the agencies’ adopted levels shall control, regardless of which agency is the lead agency.

b. The following types of construction shall be exempt, except when undertaken wholly or partly on lands covered by water:

i. The construction or location of any residential structures of four dwelling units.

ii. The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering ten thousand square feet, and to be used only by the property owner or his or her agent in the conduct of farming the property. This exemption shall not apply to feed lots.

iii. The construction of an office, school, commercial, recreational, service or storage building with four thousand square feet of gross floor area, and with associated parking facilities designed for twenty automobiles.

iv. The construction of a parking lot designed for twenty automobiles.

v. Any landfill or excavation of one hundred cubic yards throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II, or III forest practice under RCW 76.09.050 or regulations thereunder.

2. Other minor new construction. The following types of construction shall be exempt except where undertaken wholly or in part on lands covered by water (unless specifically exempted in this subsection); the exemptions provided by this section shall apply to all licenses required to undertake the construction in question, except where a rezone or any license governing emissions to the air or discharges to water is required:

a. The construction or designation of bus stops, loading zones, shelters, access facilities and pull-out lanes for taxicabs, transit and school vehicles.

b. The construction and/or installation of commercial on-premises signs, and public signs and signals; provided, however, this exemption shall not apply to construction and/or installation of a commercial electric sign within three hundred feet of a residential structure or a residentially zoned property.

c. The construction or installation of minor road and street improvements such as pavement marking, freeway surveillance and control systems, railroad protective devices (not including grade-separated crossings), grooving, glare screens, safety barriers, energy attenuators, transportation corridor landscaping (including the application of Washington State Department of Agriculture approved herbicides by licensed personnel for right-of-way weed control as long as this is not within watersheds controlled for the purpose of drinking water quality in accordance with WAC 248-54-660), temporary traffic controls and detours, correction of substandard curves and intersections within existing rights-of-way, widening of a highway by less than a single lane width where capacity is not significantly increased and no new right-of-way is required, adding auxiliary lanes for localized purposes (weaving, climbing, speed change, etc.), where capacity is not significantly increased and no new right-of-way is required, channelization and elimination of sight restrictions at intersections, street lighting, guard rails and barricade installation, installation of catch basins and culverts, and reconstruction of existing roadbed (existing curb to curb in urban locations), including adding or widening of shoulders, addition of bicycle lanes, paths and facilities, and pedestrian walks and paths, but not including additional automobile lanes.

d. Grading, excavating, filling, septic tank installations, and landscaping necessary for any building or facility exempted by subsections (C)(1) and (2) of this section, as well as fencing and the construction of small structures and minor facilities accessory thereto.

e. Additions or modifications to or replacement of any building or facility exempted by subsections (C)(1) and (2) of this section when such addition, modification or replacement will not change the character of the building or facility in a way that would remove it from an exempt class.

f. The demolition of any structure or facility, the construction of which would be exempted by subsections (C)(1) and (2) of this section, except for structures or facilities with recognized historical significance.

g. The installation of impervious underground tanks having a capacity of ten thousand gallons or less.

h. The vacation of streets or roads.

i. The installation of hydrological measuring devices, regardless of whether or not on lands covered by water.

j. The installation of any property, boundary or survey marker, other than fences, regardless of whether or not on lands covered by water.

3. Repair, remodeling and maintenance activities. The following activities shall be categorically exempt: The repair, remodeling, maintenance, or minor alteration of existing private or public structures, facilities or equipment, including utilities, involving no material expansions or changes in use beyond that previously existing; except that, where undertaken wholly or in part on lands covered by water, only minor repair or replacement of structures may be exempt (examples include repair or replacement of pilings, ramps, floats, or mooring buoys, or minor repair, alteration, or maintenance of docks). The following maintenance activities shall not be considered exempt under this subsection:

a. Dredging;

b. Reconstruction/maintenance of groins and similar shoreline protection structures; or

c. Replacement of utility cables that must be buried under the surface of the bedlands. Repair/rebuilding of major dams, dikes, and reservoirs shall also not be considered exempt under this subsection.

4. Water Rights. Appropriations of one cubic foot per second or less of surface water, or of two thousand two hundred fifty gallons per minute or less of ground water, for any purpose. The exemption covering not only the permit to appropriate water, but also any hydraulics permit, shoreline permit or building permit required for a normal diversion or intake structure, well and pumphouse reasonably necessary to accomplish the exempted appropriation, and including any activities relating to construction of a distribution system solely for any exempted appropriation.

5. Purchase or Sale of Real Property. The following real property transactions by an agency shall be exempt:

a. The purchase or acquisition of any right to real property.

b. The sale, transfer or exchange of any publicly owned real property, but only if the property is not subject to an authorized public use.

c. The lease of real property when the use of the property for the term of the lease will remain essentially the same as the existing use, or when the use under the lease is otherwise exempted by this chapter.

6. Minor Land Use Decisions. The following land use decisions shall be exempt:

a. Except upon lands covered by water, the approval of short plats or short subdivisions pursuant to the procedures required by RCW 58.17.060, but not including further short subdivisions or short platting within a plat or subdivision previously exempted under this subsection.

b. Granting of variances based on special circumstances, not including economic hardship, applicable to the subject property, such as size, shape, topography, location or surroundings and not resulting in any change in land use or density.

c. Classifications of land for current use taxation under Chapter 84.34 RCW, and classification and grading of forest land under Chapter 84.33 RCW.

7. Open Burning. Opening burning and the issuance of any license for open burning shall be exempt. The adoption of plans, programs, objectives or regulations by any agency incorporating general standards respecting open burning shall not be exempt.

8. Clean Air Act. The granting of variances under RCW 70.94.181 extending applicable air pollution control requirements for one year or less shall be exempt.

9. Water Quality Certifications. The granting or denial of water quality certifications under the Federal Clean Water Act (Federal Water Pollution Control Act amendments of 1972, 33 U.S.C. 1341) shall be exempt.

10. Activities of the State Legislature. All actions of the state legislature are exempted. This subsection does not exempt the proposing of legislation by an agency (WAC 197-11-704).

11. Judicial Activity. The following shall be exempt:

a. All adjudicatory actions of the judicial branch.

b. Any quasi-judicial action of any agency if such action consists of the review of a prior administrative or legislative decision. Decisions resulting from contested cases or other hearing processes conducted prior to the first decision on a proposal or upon any application for a rezone, conditional use permit or other similar permit not otherwise exempted by this chapter are not exempted by this subsection.

12. Enforcement and Inspections. The following enforcement and inspection activities shall be exempt:

a. All actions, including administrative orders and penalties, undertaken to enforce a statute, regulation, ordinance, resolution or prior decision. No license shall be considered exempt by virtue of this subsection; nor shall the adoption of any ordinance, regulation or resolution be considered exempt by virtue of this subsection.

b. All inspections conducted by an agency of either private or public property for any purpose.

c. All activities of fire departments and law enforcement agencies except physical construction activity.

d. Any action undertaken by an agency to abate a nuisance or to abate, remove or otherwise cure any hazard to public health or safety. The application of pesticides and chemicals is not exempted by this subsection but may be exempted elsewhere in these guidelines. No license or adoption of any ordinance, regulation or resolution shall be considered exempt by virtue of this subsection.

e. Any suspension or revocation of a license for any purpose.

13. Business and Other Regulatory Licenses. The following business and other regulatory licenses are exempt:

a. All licenses to undertake an occupation, trade or profession.

b. All licenses required under electrical, fire, plumbing, heating, mechanical, and safety codes and regulations, but not including building permits.

c. All licenses to operate or engage in amusement devices and rides and entertainment activities, including but not limited to cabarets, carnivals, circuses and other traveling shows, dances, music machines, golf courses, and theaters, including approval of the use of public facilities for temporary civic celebrations, but not including licenses or permits required for permanent construction of any of the above.

d. All licenses to operate or engage in charitable or retail sales and service activities, including but not limited to peddlers, solicitors, secondhand shops, pawnbrokers, vehicle and housing rental agencies, tobacco sellers, closeout and special sales, fireworks, massage parlors, public garages and parking lots, and used automobile dealers.

e. All licenses for private security services, including but not limited to detective agencies, merchant and/or residential patrol agencies, burglar and/or fire alarm dealers, guard dogs, locksmiths, and bail bond services.

f. All licenses for vehicles for hire and other vehicle-related activities, including but not limited to taxicabs, ambulances, and tow trucks; provided, that regulation of common carriers by the utilities and transportation commission shall not be considered exempt under this subsection.

g. All licenses for food or drink services, sales, and distribution, including but not limited to restaurants, liquor, and meat.

h. All animal control licenses, including but not limited to pets, kennels, and pet shops. Establishment or construction of such a facility shall not be considered exempt by this subsection.

i. The renewal or reissuance of a license regulating any present activity or structure so long as no material changes are involved.

14. Activities of Agencies. The following administrative, fiscal and personnel activities of agencies shall be exempt:

a. The procurement and distribution of general supplies, equipment and services authorized or necessitated by previously approved functions or programs.

b. The assessment and collection of taxes.

c. The adoption of all budgets and agency requests for appropriation; provided, that if such adoption includes a final agency decision to undertake a major action, that portion of the budget is not exempted by this subsection.

d. The borrowing of funds, issuance of bonds, or applying for a grant and related financing agreements and approvals.

e. The review and payment of vouchers and claims.

f. The establishment and collection of liens and service billings.

g. All personnel actions, including hiring, terminations, appointments, promotions, allocations of positions, and expansions or reductions in force.

h. All agency organization, reorganization, internal operational planning or coordination of plans or functions.

i. Adoptions or approvals of utility, transportation and solid waste disposal rates.

j.  The activities of school districts pursuant to desegregation plans or programs; however, construction of real property transactions or the adoption of any policy, plan or program for such construction of real property transaction shall not be considered exempt under this subsection.

15. Financial Assistance Grants. The approval of grants or loans by one agency to another shall be exempt, although an agency may at its option require compliance with SEPA prior to making a grant or loan for design or construction of a project. This exemption includes agencies taking nonproject actions that are necessary to apply for federal or other financial assistance.

16. Local Improvement Districts. The formation of local improvement districts, unless such formation constitutes a final agency decision to undertake construction of a structure or facility not exempted under WAC 197-11-800 and 197-11-880.

17. Information Collection and Research. Basic data collection, research, resource evaluation, requests for proposals (RFPs), and the conceptual planning of proposals shall be exempt. These may be strictly for information-gathering, or as part of a study leading to a proposal that has not yet been approved, adopted or funded; this exemption does not include any agency action that commits the agency to proceed with such a proposal. (Also see WAC 197-11-070.)

18. Acceptance of Filings. The acceptance by an agency of any document or thing required or authorized by law to be filed with the agency and for which the agency has no discretionary power to refuse acceptance shall be exempt. No license shall be considered exempt by virtue of this subsection.

19. Procedural Actions. The proposal or adoption of legislation, rules, regulations, resolutions or ordinances, or of any plan or program relating solely to governmental procedures, and containing no substantive standards respecting use or modification of the environment shall be exempt. Agency SEPA procedures shall be exempt.

20. Building Codes. The adoption by ordinance of all codes as required by the state Building Code Act (Chapter 19.27 RCW).

21. Adoption of Noise Ordinances. The adoption by counties/cities of resolutions, ordinances, rules or regulations concerned with the control of noise which do not differ from regulations adopted by the Department of Ecology under Chapter 70.107 RCW. When a county/city proposes a noise resolution, ordinance, rule or regulation, a portion of which differs from the applicable state regulations (and thus requires approval of the Department of Ecology under RCW 70.107.060(4)), SEPA compliance may be limited to those items which differ from state regulations.

22. Review and Comment Actions. Any activity where one agency reviews or comments upon the actions of another agency or another department within an agency shall be exempt.

23. Utilities. The utility-related actions listed below shall be exempt, except for installation, construction, or alteration on lands covered by water. The exemption includes installation and construction, relocation when required by other governmental bodies, repair, replacement, maintenance, operation or alteration that does not change the action from an exempt class.

a. All communications lines, including cable TV, but not including communication towers or relay stations.

b. All stormwater, water and sewer facilities, lines, equipment, hookups or appurtenances including, utilizing or related to lines eight inches or less in diameter.

c. All electric facilities, lines, equipment or appurtenances, not including substations, with an associated voltage of fifty-five thousand volts or less; and the overbuilding of existing distribution lines (fifty-five thousand volts or less) with transmission lines (more than fifty-five thousand volts); and the undergrounding of all electric facilities, lines, equipment or appurtenances.

d. All natural gas distribution (as opposed to transmission) lines and necessary appurtenant facilities and hookups.

e. All developments within the confines of any existing electric substation, reservoir, pump station or well; provided, that additional appropriations of water are not exempted by this subsection.

f. Periodic use of chemical or mechanical means to maintain a utility or transportation right-of-way in its design condition; provided, that chemicals used are approved by the Washington State Department of Agriculture and applied by licensed personnel. This exemption shall not apply to the use of chemicals within watersheds that are controlled for the purpose of drinking water quality in accordance with WAC 248-54-660.

g. All grants of rights-of-way by agencies to utilities for use for distribution (as opposed to transmission) purposes.

h. All grants of franchises by agencies to utilities.

i. All disposals of rights-of-way by utilities.

24. Natural Resources Management. In addition to the other exemptions contained in this section, the following natural resources management activities shall be exempt:

a. Issuance of new grazing leases covering a section of land or less; and issuance of all grazing leases for land that has been subject to a grazing lease within the previous ten years.

b. Licenses or approvals to remove firewood.

c. Issuance of agricultural leases covering one hundred sixty contiguous acres or less.

d. Issuance of leases for Christmas tree harvesting or brush picking.

e. Issuance of leases for school sites.

f. Issuance of leases for, and placement of, mooring buoys designed to serve pleasure craft.

g. Development of recreational sites not specifically designed for all-terrain vehicles and not including more than twelve campsites.

h. Periodic use of chemical or mechanical means to maintain public park and recreational land; provided, that chemicals used are approved by the Washington State Department of Agriculture and applied by licensed personnel. This exemption shall not apply to the use of chemicals within watersheds that are controlled for the purpose of drinking water quality in accordance with WAC 248-54-660.

i. Issuance of rights-of-way, easements and use permits to use existing roads in nonresidential areas.

j. Establishment of natural area preserves to be used for scientific research and education and for the protection of rare flora and fauna, under the procedures of Chapter 79.70 RCW.

25. Personal Wireless Service Facilities.

a. The siting of personal wireless service facilities are exempt if the facility:

i. Is a microcell and is to be attached to an existing structure that is not a residence or school and does not contain a residence or a school;

ii. Includes personal wireless service antennas, other than a microcell, and is to be attached to an existing structure (that may be an existing tower) that is not a residence or school and does not contain a residence or school, and the existing structure to which it is to be attached is located in a commercial, industrial, manufacturing, forest, or agriculture zone; or

iii. Involves constructing a personal wireless service tower less than sixty feet in height that is located in a commercial, industrial, manufacturing, forest, or agricultural zone.

b. For the purposes of this subsection:

i. “Personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations.

ii. “Personal wireless service facilities” means facilities for the provision of personal wireless services.

iii. “Microcell” means a wireless communication facility consisting of an antenna that is either:

(A) Four feet in height and with an area of not more than five hundred eighty square inches; or

(B) If a tubular antenna, no more than four inches in diameter and no more than six feet in length.

c. This exemption does not apply to projects within a critical area designated under GMA (RCW 36.70A.060). (Ord. 2010-26 § 8, 2010).

Part X. Agency Compliance

21.08.185 Purpose of this part and adoption by reference.

This part contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating environmentally sensitive areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. 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.

(Ord. 2008-06 § 89, 2008: Ord. A-3347 § 1(part), 1984).

21.08.200 Fees.

The city shall require the following nonrefundable fees for its activities in accordance with the provisions of this chapter:

A. Threshold Determination. For every environmental checklist the city will review when it is lead agency, the city shall collect a fee as specified by Section 2.94.020 from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this chapter 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 city proposal requiring an EIS, then the responsible official shall determine whether the EIS shall be prepared by employees of the city or be prepared by a consultant. The department originating the proposal shall be responsible for costs incurred in the EIS preparation.

2. When the city is the lead agency for a proposal initiated by some person or entity other than the city which requires an EIS, the responsible official shall determine whether the draft and final EIS or SEIS shall be prepared by either the applicant or a consultant. If the responsible official determines that a consultant shall prepare the draft and final EIS or SEIS, then the consultant shall be selected in accordance with Section 21.08.120(B) of this title. The applicant shall contract directly with a consultant for preparation of an EIS, or a portion of the EIS. The party submitting a proposal shall be responsible for all costs incurred.

C. The city shall charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by Chapter 42.17 RCW.

D. The city shall not collect a fee for performing its duties as a consulted agency. (Ord. 2008-06 § 90, 2008: Ord. A-3347 § 1(part), 1984).

Part XI. Forms

21.08.210 Adoption by reference.

The city adopts the following forms as substantially set forth in the following sections:

WAC

197-11-960    Environmental checklist.

197-11-965    Adoption notice.

197-11-970    Determination of nonsignificance (DNS).

197-11-980    Determination of significance and scoping notice (DS).

197-11-985    Notice of assumption of lead agency status. 

197-11-990    Notice of action.

(Ord. A-3347 § 1(part), 1984).

Part XII. Enforcement

21.08.220 Violation – Penalty.

Any person violating or failing to comply with any provision of this chapter shall be found to have committed an infraction and/or infraction of the underlying action, and shall be punishable by a penalty not to exceed five hundred dollars. Each such person shall be found to have committed a separate infraction for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person, and such person shall be punished accordingly. The remedies for violation or failure to comply described herein are in addition to all other remedies provided or authorized by law. (Ord. A-3347 § 1(part), 1984).