Chapter 21.52
ENVIRONMENTAL PROTECTION

Sections:

21.52.010    Authority.

21.52.020    General requirements – Adoption by reference.

21.52.030    Additional definitions.

21.52.040    Designation of responsible official.

21.52.050    Lead agency determination and responsibilities.

21.52.060    Transfer of lead agency status to a State agency.

21.52.070    Integration with permit and land use decisions.

21.52.080    Additional timing considerations.

21.52.090    Categorical exemptions and threshold determinations – Adoption by reference.

21.52.100    Thresholds for categorical exemptions.

21.52.110    Use of exemptions.

21.52.120    Environmental checklist.

21.52.130    Mitigated DNS (MDNS).

21.52.140    Optional DNS and MDNS process.

21.52.150    Environmental impact statement (EIS) – Adoption by reference.

21.52.160    Preparation of EIS – Additional considerations.

21.52.170    EIS – Commenting – Adoption by reference.

21.52.180    Reserved.

21.52.190    Public notice.

21.52.200    Designation of official to perform consulted agency responsibilities for the City.

21.52.210    Using existing environmental documents – Adoption by reference.

21.52.220    SEPA and agency decisions – Adoption by reference.

21.52.230    Substantive authority.

21.52.240    Appeals.

21.52.250    Notice/statute of limitations.

21.52.260    Definitions – Adoption by reference.

21.52.270    Agency compliance – Adoption by reference.

21.52.280    Critical areas.

21.52.290    Fees.

21.52.300    Forms – Adoption by reference.

21.52.310    WACs on file.

21.52.320    Initial SEPA analysis.

21.52.330    Categorically exempt and planned actions.

21.52.010 Authority.

The City adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA) (RCW 43.21C.120) and the SEPA rules (WAC 197-11-904). This chapter contains the City’s SEPA procedures and policies. The SEPA rules contained in Chapter 197-11 WAC must be used in conjunction with this chapter. (Ord. 611 § 8 (Att. A), 2016)

21.52.020 General requirements – Adoption by reference.

The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, 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 and relations.

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.

197-11-210    SEPA/GMA integration.

197-11-220    SEPA/GMA definitions.

197-11-228    Overall SEPA/GMA integration procedures.

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

197-11-232    SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping.

197-11-235    Documents.

197-11-238    Monitoring.

197-11-250    SEPA/Model Toxics Control Act (MTCA) 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 environmental impact statement (EIS) for MTCA remedial actions.

197-11-265    Early scoping for MTCA remedial actions.

197-11-268    MTCA interim actions.

(Ord. 611 § 8 (Att. A), 2016)

21.52.030 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:

(1) “Department” means any division, subdivision, or organizational unit of the City established by ordinance, rule, or order.

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

(3) “Ordinance” means the ordinance, resolution, or other procedure used by the City to adopt regulatory requirements.

(4) “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. 611 § 8 (Att. A), 2016)

21.52.040 Designation of responsible official.

(1) For those proposals for which the City is the lead agency, the responsible official shall be the Planning Director, or such other person as the City Manager may designate in writing.

(2) 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 WMC 21.52.020.

(3) The City shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.56 RCW. (Ord. 611 § 8 (Att. A), 2016)

21.52.050 Lead agency determination and responsibilities.

(1) When the City receives an application for or initiating a proposal that involves a nonexempt action, the responsible official shall determine the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency.

(2) 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 final EIS 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 the City determines a supplemental environmental review is necessary under WAC 197-11-600.

(3) If the City or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 14 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 14-day time period. Any such petition on behalf of the City may be initiated by the responsible official.

(4) The responsible official is 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 approve the agreement.

(5) The responsible official, when 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. (Ord. 611 § 8 (Att. A), 2016)

21.52.060 Transfer of lead agency status to a State agency.

For any proposal for a private project where the City would be the lead agency and for which one or more State agencies have jurisdiction, the City’s responsible official may elect to transfer the lead agency duties to a State agency. The State agency with jurisdiction appearing first on the priority listing in WAC 197-11-936 shall be the lead agency and the City shall be agency with jurisdiction. To transfer lead agency duties, the City’s responsible official must transmit a notice of the transfer together with any relevant information available on the proposal to the appropriate State agency with jurisdiction. The responsible official of the City shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. (Ord. 611 § 8 (Att. A), 2016)

21.52.070 Integration with permit and land use decisions.

Under State law, the procedure for review of project permits shall be combined with the environmental review process, both procedural and substantive. The process under SEPA and this chapter shall integrate the following procedures, insofar as possible, with any applicable process for decisionmaking on permit and land use applications:

(1) Staff review of the application under City codes and regulations and the environmental review and determination thereon;

(2) The staff report on the application and the report or documentation concerning environmental review;

(3) Hearings and other public processes, including required public notices, required by City code or regulation, and hearings and other public processes, including public notices, required or conducted under SEPA. This section shall include all appeals, except as otherwise expressly provided by this code;

(4) Such other review processes as the Planning Director shall determine. (Ord. 611 § 8 (Att. A), 2016)

21.52.080 Additional timing considerations.

(1) For nonexempt proposals, the DNS or draft EIS for the proposal shall accompany the City’s staff recommendation to any appropriate advisory body, such as the Planning Commission.

(2) If the City’s only action on a proposal is a decision on a building permit or other permit 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. In addition to the environmental documents, the applicant shall submit such additional information as required by the responsible official. (Ord. 611 § 8 (Att. A), 2016)

21.52.090 Categorical exemptions and threshold determinations – Adoption by reference.

The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

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.

197-11-800    Categorical exemptions.

197-11-880    Emergencies.

197-11-890    Petitioning DOE to change exemptions.

(Ord. 611 § 8 (Att. A), 2016)

21.52.100 Thresholds for categorical exemptions.

The City hereby adopts the following thresholds for minor new construction under WAC 197-11-800(1)(b) and RCW 43.21C.410 based on local conditions:

(1) For residential dwelling units in WAC 197-11-800(1)(b)(i): up to four dwelling units;

(2) For agricultural structures in WAC 197-11-800(1)(b)(ii): up to 10,000 square feet;

(3) For office, school, commercial, recreational services, or storage building in WAC 197-11-800(1)(b)(iii): up to 4,000 square feet and 20 parking spaces;

(4) For parking lots in WAC 197-11-800(1)(b)(iv): up to 20 parking spaces;

(5) For landfills and excavations in WAC 197-11-800(1)(b)(v): up to 100 cubic yards; and

(6) The construction of an individual battery charging station or an individual battery exchange station, as defined in Chapter 21.11 WMC.

(7) Whenever the City establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington, under WAC 197-11-800(1)(c). (Ord. 611 § 8 (Att. A), 2016)

21.52.110 Use of exemptions.

(1) When the City receives an application for a license or, in the case of governmental proposals, a department initiates a proposal, the responsible official shall determine whether the license and/or the proposal is exempt. The responsible official’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.

(2) In determining whether or not a proposal is exempt, the responsible official 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 responsible official shall determine the lead agency, even if the license application that triggers the responsible official’s consideration is exempt.

(3) Planned Actions.

(a) A planned action does not require a threshold determination or the preparation of an environmental impact statement under SEPA, but is subject to environmental review and mitigation under SEPA.

(b) A “planned action” means one or more types of project action that:

(i) Are designated planned actions by an ordinance or resolution adopted by the City;

(ii) Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with:

(A) A comprehensive plan or subarea plan adopted under Chapter 36.70A RCW; or

(B) A fully contained community, a master planned resort, a master planned development or a phased project;

(iii) Are subsequent or implementing projects for the proposals listed in subsection (3)(b)(ii) of this section;

(iv) Are located within an urban growth area, as defined in RCW 36.70A.030;

(v) Are not essential public facilities, as defined in RCW 36.70A.200; and

(vi) Are consistent with the City’s Comprehensive Plan adopted under Chapter 36.70A RCW.

(c) Limitations on Planned Actions. The City shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than the jurisdictional boundaries of the City, and may limit a planned action to a time period identified in the environmental impact statement or the adoption of this code.

(4) If a proposal includes both exempt and nonexempt actions, the responsible official may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:

(a) The City shall not give authorization for:

(i) Any nonexempt action,

(ii) Any action that would have an adverse environmental impact, or

(iii) Any action that would limit the choice of alternatives;

(b) A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and

(c) 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. 611 § 8 (Att. A), 2016)

21.52.120 Environmental checklist.

(1) A completed environmental checklist 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 that 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, for making the threshold determination. The checklist shall be in the form of WAC 197-11-960 with the following addition(s): The signature line shall state:

I certify (or declare) under penalty of perjury under the laws of the state of Washington that the above answers are true and complete to the best of my knowledge. I understand the lead agency is relying on them to make its decision.

(2) For private proposals, the City will require the applicant to complete the environmental checklist, providing assistance as necessary. For City proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

(3) The City may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs:

(a) The City has technical information on a question or questions that is unavailable to the private applicant; or

(b) The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration. (Ord. 611 § 8 (Att. A), 2016)

21.52.130 Mitigated DNS (MDNS).

(1) 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.

(2) An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:

(a) Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and

(b) Precede the City’s actual threshold determination for the proposal.

(3) The responsible official should respond to the request for early notice within 14 working days. The response shall:

(a) Be written;

(b) State whether the City currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the City to consider a DS; and

(c) 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.

(4) As much as possible, the City should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

(5) When an applicant submits a changed or clarified proposal, along with a revised environmental checklist, the City shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 days of receiving the changed or clarified proposal.

(a) 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 if the City determines that no additional information or mitigation measures are required.

(b) 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.

(c) 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.

(d) Mitigation measures that justify issuance of a mitigated DNS (MDNS) may be incorporated in the DNS by reference to agency staff reports, studies, or other documents.

(6) The City shall not act upon a proposal for which a mitigated DNS has been issued for 14 days after the date of issuance.

(7) A MDNS is issued under either WAC 197-11-340(2), requiring a 14-day comment period and public notice, or WAC 197-11-355(5), which may require no additional comment period beyond the comment period on the notice of application.

(8) Mitigation measures incorporated in the MDNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any terms or conditions of the permit, or enforced in any manner specifically prescribed by the City. Failure to comply with the designated mitigation measures shall be grounds for suspension and/or revocation of any permit issued.

(9) 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).

(10) The City’s written response under subsection (3) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarification 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. 611 § 8 (Att. A), 2016)

21.52.140 Optional DNS and MDNS process.

(1) If the responsible official has a reasonable basis for determining that significant adverse environmental impacts are unlikely, the responsible official may elect to use the single integrated comment period set forth in this section. If this process is used, a second comment period is not required when the DNS is issued.

(2) If the optional process set forth in this section is used, the responsible official shall:

(a) State on the first page of the notice of application that it expects to issue a DNS (MDNS) for the proposal, and that:

(i) The optional DNS process is being used;

(ii) This may be the only opportunity to comment on the environmental impacts of the proposal;

(iii) The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and

(iv) A copy of the subsequent threshold determination for the specific proposal may be obtained upon request (in addition, the City may choose to maintain a general mailing list for threshold determination distribution);

(b) List in the notice of application the conditions being considered to mitigate environmental impacts, if a MDNS is expected;

(c) Comply with the requirements for a notice of application and public notice in RCW 36.70B.110; and

(d) Send the notice of application and environmental checklist to:

(i) Agencies with jurisdiction, the Department of Ecology, affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal; and

(ii) Anyone requesting a copy of the environmental checklist for the specific proposal (in addition, the City may choose to maintain a general mailing list for checklist distribution).

(3) If the responsible official indicates on the notice of application that a DNS is likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice of application in accordance with WMC 21.52.040 and WAC 197-11-948.

(4) The responsible official shall consider timely comments on the notice of application and either:

(a) Issue a DNS or MDNS with no comment period using the procedures in subsection (5) of this section;

(b) Issue a DNS or MDNS with a comment period using the procedures in subsection (5) of this section;

(c) Issue a DS; or

(d) Require additional information or studies prior to making a threshold determination.

(5) If a DNS or MDNS is issued under subsection (4)(a) or (4)(b) of this section, the responsible official shall send a copy of the DNS or MDNS to the Department of Ecology, agencies with jurisdiction, those who commented, and anyone requesting a copy. A copy of the environmental checklist need not be circulated. (Ord. 611 § 8 (Att. A), 2016)

21.52.150 Environmental impact statement (EIS) – Adoption by reference.

The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-400    Purpose of EIS.

197-11-402    General requirements.

197-11-405    EIS types.

197-11-406    EIS timing.

197-11-408    Scoping.

197-11-410    Expanded scoping.

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 draft environmental impact statement (DEIS).

197-11-460    Issuance of final environmental impact statement (FEIS).

(Ord. 611 § 8 (Att. A), 2016)

21.52.160 Preparation of EIS – Additional considerations.

(1) Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the Planning 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.

(2) The draft and final EIS or SEIS shall be prepared, at the City’s option, by the City staff, the applicant, or a consultant approved by the City. If the responsible official requires an EIS for a proposal and determines that someone other than the City will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the City’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.

(3) 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. (This does not apply to information the City may request under another ordinance or statute.) (Ord. 611 § 8 (Att. A), 2016)

21.52.170 EIS – Commenting – Adoption by reference.

The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-500    Purpose of this part.

197-11-502    Inviting comment.

197-11-504    Availability and cost of environmental documents.

197-11-508    SEPA register.

197-11-535    Public hearings and meetings.

197-11-545    Effect of no comment.

197-11-550    Specificity of comments.

197-11-560    FEIS response to comments.

197-11-570    Consulted agency costs to assist lead agency.

(Ord. 611 § 8 (Att. A), 2016)

21.52.180 Reserved.

(Ord. 611 § 8 (Att. A), 2016)

21.52.190 Public notice.

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

(2) 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:

(a) If no public notice is otherwise required for the permit or approval, the City shall give notice of the DNS or DS by at least one of the following:

(i) Publishing notice in the City’s official newspaper;

(ii) Mailing notice to property owners per WMC 21.84.040; or

(iii) Noticing as otherwise required or allowed by Chapter 21.84 WMC.

(b) 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.

(c) If the DS is made concurrent with the notice of application, the DS and scoping notice shall be combined with the notice of application issued under RCW 36.70B.110. Nothing in this subsection prevents the DS/scoping notice from being issued before the notice of application. If sufficient information is not available to make a threshold determination when the notice of application is issued, the DS may be issued later in the review process.

(d) If an open record predecision hearing is required, the threshold determination shall be issued at least 15 days before the open record predecision hearing.

(3) 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:

(a) Indicating the availability of the DEIS in any public notice required for a nonexempt permit; and

(b) One or more of the following:

(i) Posting the property for site-specific proposal;

(ii) Publishing notice in a newspaper of general circulation in the County, City, or general area where the proposal is located;

(iii) Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered;

(iv) Notifying the news media;

(v) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and/or

(vi) Publishing notice in agency newsletters and/or sending notice to agency mailing lists (general lists or specific lists for proposals or subject areas).

(4) The City may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. (Ord. 611 § 8 (Att. A), 2016)

21.52.200 Designation of official to perform consulted agency responsibilities for the City.

(1) The responsible official shall be responsible for preparation of written comments for the City in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.

(2) This responsible official 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. 611 § 8 (Att. A), 2016)

21.52.210 Using existing environmental documents – Adoption by reference.

The City adopts the following sections of Chapter 197-11 WAC as now existing or hereinafter amended, by reference:

WAC

197-11-600    When to use existing environmental documents.

197-11-610    Use of NEPA documents.

197-11-620    Supplemental environmental impact statement – Procedures.

197-11-625    Addenda – Procedures.

197-11-630    Adoption – Procedures.

197-11-635    Incorporation by reference – Procedures.

197-11-640    Combining documents.

(Ord. 611 § 8 (Att. A), 2016)

21.52.220 SEPA and agency decisions – Adoption by reference.

The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, 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.

197-11-700    Definitions.

(Ord. 611 § 8 (Att. A), 2016)

21.52.230 Substantive authority.

(1) The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the City of Woodinville.

(2) The City may attach conditions to a permit or approval for a proposal so long as:

(a) Such conditions are necessary to mitigate specific probable adverse environmental impacts clearly identified in an environmental document prepared pursuant to this chapter;

(b) Such conditions are in writing;

(c) The mitigation measures included in such conditions are reasonable and capable of being accomplished;

(d) The City has considered whether other local, State, or Federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

(e) Such conditions are based on one or more policies in subsection (4) of this section and cited in the license or other decision document.

(3) The City may deny a permit or approval for a proposal on the basis of SEPA so long as:

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

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

(c) The denial is based on one or more policies identified in subsection (4) of this section and identified in writing in the decision document.

(4) The City designates and adopts by reference the following policies as the basis for the City’s exercise of authority pursuant to this section:

(a) The City shall use all practicable means, consistent with other essential considerations of State policy, to improve and coordinate plans, functions, programs, and resources to the end that the State and its citizens may:

(i) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

(ii) Assure for all people of Washington safe, healthful, productive and aesthetically and culturally pleasing surroundings;

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

(iv) Preserve important historic, cultural, and natural aspects of our national heritage;

(v) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

(vi) Achieve a balance between population and resource use that will permit high standards of living and a wide sharing of life’s amenities; and

(vii) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

(b) The City adopts by reference the policies in the following City codes, ordinances, resolutions, and plans as adopted by the City:

(i) Chapter 43.21C RCW – State Environmental Policy Act;

(ii) Woodinville Municipal Code;

(iii) Woodinville Comprehensive Plan;

(iv) Woodinville Transportation Plan;

(v) Woodinville Storm Drainage Plan;

(vi) Woodinville Shoreline Master Plan;

(vii) Woodinville Emergency Management Plan;

(viii) Woodinville Capital Improvement Plan;

(ix) Woodinville Water District Water Plan;

(x) Woodinville Water District Sewer Plan. (Ord. 611 § 8 (Att. A), 2016)

21.52.240 Appeals.

An administrative appeal of an environmental determination (or lack thereof) under this chapter shall be pursuant to the provisions set forth in Chapter 21.81 WMC. (Ord. 706 § 44, 2020; Ord. 611 § 8 (Att. A), 2016)

21.52.250 Notice/statute of limitations.

(1) The City, applicant, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.

(2) The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the City Clerk, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 611 § 8 (Att. A), 2016)

21.52.260 Definitions – Adoption by reference.

The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-700    Definitions.

197-11-702    Act.

197-11-704    Action.

197-11-706    Addendum.

197-11-708    Adoption.

197-11-710    Affected tribe.

197-11-712    Affecting.

197-11-714    Agency.

197-11-716    Applicant.

197-11-718    Built environment.

197-11-720    Categorical exemption.

197-11-721    Closed record appeal.

197-11-722    Consolidated appeal.

197-11-724    Consulted agency.

197-11-726    Cost-benefit analysis.

197-11-728    County/city.

197-11-730    Decisionmaker.

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. 611 § 8 (Att. A), 2016)

21.52.270 Agency compliance – Adoption by reference.

The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, 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. 611 § 8 (Att. A), 2016)

21.52.280 Critical areas.

(1) The City has selected certain categorical exemptions that will not apply in critical areas identified in the critical areas development regulations required under RCW 36.70A.060 (see Chapter 21.51 WMC for critical areas regulations). For any critical area, the exemptions within WAC 197-11-800 that are inapplicable for that area are WAC 197-11-800(1), (2)(a) through (h), (24)(c), (e), (g), (h) and (25).

(2) The scope of environmental review of actions with these areas shall be limited to:

(a) Documenting whether the proposal is consistent with the requirements of the critical areas ordinance; and

(b) Evaluating potentially significant impacts on the critical area resources not adequately addressed by GMA planning documents and development regulations, if any, including any additional mitigation measures needed to protect the critical areas in order to achieve consistency with SEPA and with other applicable environmental review laws. (Ord. 611 § 8 (Att. A), 2016)

21.52.290 Fees.

The City shall require fees in such amounts as are established by the City Council pursuant to such periodic resolution as the Council, from time to time, updates and approves for its activities in accordance with the provisions of this chapter:

(1) Threshold Determination. For every environmental checklist the City will review when it is the lead agency, the City/County shall collect an established fee from the proponent of the proposal prior to undertaking a basic threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee.

(2) Environmental Impact Statement.

(a) When the City is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the City, the City may charge and collect a reasonable fee from any applicant to cover costs incurred by the City in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.

(b) The responsible official may determine that the City will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the City and may bill such costs and expenses directly to the applicant. Such consultant shall be selected by the City.

(c) The applicant shall pay the projected amount to the City prior to commencing work. The City will refund the excess, if any, at the completion of the EIS. If the City’s costs exceed the projected costs, the applicant shall immediately pay the excess. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsection (2)(a) or (b) of this section which remain after incurred costs, including overhead, are paid.

(d) For all proposals in which the City is the lead agency and the responsible official determines that an EIS is required, the applicant shall be charged $500.00 or a fee equal to five percent of the costs of the draft and final EISs, whichever is greater, to cover the City’s administrative costs of supervision and preparation. For the purpose of this section, cost of an EIS shall include the cost of preparation and publication, including printing, collating, binding, and circulation of the draft and final EIS. Applicants may be required to post bond or otherwise insure payment of such costs. In the event the actual cost of the draft and final EIS exceeds the estimated cost of the EIS agreed upon by the City and the applicant, such excess shall be paid to the City by the applicant prior to final action by the City.

(3) The City may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal.

(4) The City shall not collect a fee for performing its duties as a consulted agency.

(5) The City may 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. (Ord. 611 § 8 (Att. A), 2016)

21.52.300 Forms – Adoption by reference.

The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-960    Environmental checklist.

197-11-965    Adoption notice.

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

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

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

197-11-990    Notice of action.

(Ord. 611 § 8 (Att. A), 2016)

21.52.310 WACs on file.

The City Clerk shall maintain on file for public use and examination one copy of the WAC sections referred to in this chapter. (Ord. 611 § 8 (Att. A), 2016)

21.52.320 Initial SEPA analysis.

(1) The City shall also review the project permit application under the requirements of the State Environmental Policy Act (“SEPA”), Chapter 43.21C RCW, the SEPA Rules, Chapter 197-11 WAC, and this chapter, and shall:

(a) Determine whether the applicable regulations require studies that adequately analyze all of the project permit application’s specific probable adverse environmental impacts;

(b) Determine if the applicable regulations require measures that adequately address such environmental impacts;

(c) Determine whether additional studies are required and/or whether the project permit application should be conditioned with additional mitigation measures;

(d) Provide prompt and coordinated review by government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level.

(2) In its review of a project permit application, the City may determine that the requirements for environmental analysis, protection and mitigation measures in the applicable development regulations, Comprehensive Plan and/or in other applicable local, State or Federal laws provide adequate analysis of and mitigation for the specific adverse environmental impacts of the application.

(3) If the City bases or conditions its approval of the project permit application on compliance with the requirements or mitigation measures described in subsection (1) of this section, the City shall not impose additional mitigation under SEPA during project review.

(4) A Comprehensive Plan, development regulation or other applicable local, State or Federal law provides adequate analysis of and mitigation for the specific adverse environmental impacts of an application when:

(a) The impacts have been avoided or otherwise mitigated; or

(b) The City has designated as acceptable certain levels of service, land use designations, development standards or other land use planning required or allowed by Chapter 36.70A RCW.

(5) In its decision whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the City shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the City shall base or condition its project approval on compliance with these other existing rules or laws.

(6) Nothing in this section limits the authority of the City in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by Chapter 43.21C RCW.

(7) The City shall also review the application under this chapter. (Ord. 611 § 8 (Att. A), 2016)

21.52.330 Categorically exempt and planned actions.

(1) Categorically Exempt. Actions categorically exempt under RCW 43.21C.110(1)(a) do not require environmental review or the preparation of an environmental impact statement. An action that is categorically exempt under the rules adopted by the Department of Ecology (Chapter 197-11 WAC) may not be conditioned or denied under SEPA.

(2) Planned Actions.

(a) A planned action does not require a threshold determination or the preparation of an environmental impact statement under SEPA, but is subject to environmental review and mitigation under SEPA.

(b) A “planned action” means one or more types of project action that:

(i) Are designated planned actions by an ordinance or resolution adopted by the City;

(ii) Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with:

(A) The Comprehensive Plan or subarea plan adopted under Chapter 36.70A RCW; or

(B) A fully contained community, a master planned resort, a master planned development or a phased project;

(iii) Are subsequent or implementing projects for the proposals listed in subsection (2)(b)(ii) of this section;

(iv) Are located within an urban growth area, as defined in RCW 36.70A.030;

(v) Are not essential public facilities, as defined in RCW 36.70A.200;

(vi) Are consistent with the City’s Comprehensive Plan adopted under Chapter 36.70A RCW.

(3) Limitations on Planned Actions. The City shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than the jurisdictional boundaries of the City and may limit a planned action to a time period identified in the environmental impact statement or in the ordinance or resolution designating the planned action under RCW 36.70A.040. (Ord. 611 § 8 (Att. A), 2016)