DIVISION I – SEPA AND RECLAMATION PROGRAM

Chapter 16.04
STATE ENVIRONMENTAL POLICY ACT

Sections:

Article I. General Provisions

16.04.010    Authority.

16.04.020    State Rules – Adoption by Reference.

16.04.030    Reserved.

16.04.040    Additional Definitions.

16.04.050    Designation of Responsible Official.

16.04.060    Lead Agency Determination and Responsibilities.

16.04.065    Reserved.

16.04.070    Reserved.

16.04.080    Additional Timing Considerations.

16.04.085    Reserved.

16.04.087    Reserved.

Article II. Categorical Exemptions and Threshold Determinations

16.04.090    Reserved.

16.04.100    Flexible Thresholds for Categorical Exemptions.

16.04.105    Categorical Exemptions for Nonproject Proposals.

16.04.110    Use of Exemptions.

16.04.120    Environmental Checklist.

16.04.130    Reserved.

Article III. Environmental Impact Statement (EIS)

16.04.140    Reserved.

16.04.150    Preparation of EIS – Additional Considerations.

16.04.160    Reserved.

Article IV. Commenting

16.04.170    Reserved.

16.04.180    Public Notice.

16.04.190    Designation of Official to Perform Consulted Agency Responsibilities for the County.

Article V. Using Existing Environmental Documents

16.04.200    Reserved.

16.04.210    SEPA Public Information.

Article VI. SEPA and Agency Decisions

16.04.220    Reserved.

16.04.230    Substantive Authority.

16.04.240    SEPA Appeals.

16.04.250    Notice/Statute of Limitations.

16.04.260    Reserved.

Article VII. Agency Compliance

16.04.270    Reserved.

16.04.280    Fees.

16.04.290    Severability.

Article VIII. Forms

16.04.300    Adoption by Reference.

Article I. General Provisions

16.04.010 Authority.

The County of Yakima 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 this County’s SEPA procedures and policies and implements the purposes and policies of SEPA pursuant to RCW 43.21C.010 and 43.21C.020, which are adopted by reference. The ordinance codified in this Chapter also adopts the statewide SEPA rules by reference. The SEPA rules, WAC Chapter 197-11, as identified in the following Section 16.04.020, must be used in conjunction with this Chapter.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 1 § 1, 1984).

16.04.020 State Rules – Adoption by Reference.

This Chapter applies to proposals by the County and to County review of, or decisions on, proposals by public or private applicants or other governmental entities. The County adopts the state SEPA rules, Chapter 197-11 WAC as may be amended, by reference, as supplemented by additional or more specific provisions contained in this Chapter and Title 16B, Project Permit Administration. This Chapter must be implemented in conjunction with Title 16B, Project Permit Administration.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 2 § 1, 1984).

16.04.030 Reserved.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 8 § 1, 1984).

16.04.040 Additional Definitions.

In addition to those definitions contained within WAC 197-11-700 when used in this Chapter, the following terms shall have the following meanings, unless the context indicates otherwise:

(1)    “County” means the municipal corporation of Yakima County, Washington.

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

(3)    “Early notice” means the County’s written 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).

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

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

(6)    “Planning Division” means the Yakima County Planning Division of the Public Services Department.

(7)    “Procedural determination” as used in 43.21C.075 RCW, this Chapter and YCC Title 16B means the County’s decision concerning the adequacy of a determination of significance/non-significance or of a final environmental impact statement.

(8)    “Substantive determination” as used in 43.21C.075 RCW, this Chapter and YCC Title 16B means any decision to require particular mitigation measures or to deny a proposal based on this Chapter.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 2 § 2, 1984).

16.04.050 Designation of Responsible Official.

(1)    For those proposals for which the County is the lead agency, the Responsible Official shall be the Yakima County Director of Planning or his designee.

(2)    For all proposals for which the County 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.

(3)    For those proposals requiring the specialized expertise of more than one County department, the Responsible Official may request information necessary to discharge his responsibilities under this Chapter from those other departments. Such information as can be reasonably supplied by those departments shall be transmitted to the Responsible Official in a timely manner.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 2 § 3, 1984).

16.04.060 Lead Agency Determination and Responsibilities.

(1)    The Planning Division of the Public Services Department shall be the lead agency within the County receiving an application for or initiating a proposal that involves a nonexempt action under WAC 197-11-050, 197-11-253 and 197-11-922 through 197-11-940; unless the lead agency has been previously determined or the Responsible Official is aware that another outside agency is in the process of determining the lead agency.

(2)    When the County is the lead agency for a proposal, the department receiving the application shall refer the matter to the Responsible Official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.

(3)    When the County is not the lead agency for a proposal, all departments of the County shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No County 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 County may conduct supplemental environmental review under WAC 197-11-600.

(4)    If the County or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of the SEPA Rules and supplemental provisions adopted in this Chapter, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within fifteen days of receipt of the determination, or the County 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 County shall be initiated by the Responsible Official.

(5)    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.

(6)    The Responsible Official shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal.

(7)    When the County is lead agency for a MTCA remedial action, the Department of Ecology shall be provided an opportunity under WAC 197-11-253(5) to review the environmental documents prior to public notice being provided. If the SEPA and MTCA documents are issued together with one public comment period under WAC 197-11-253(6), the County shall decide jointly with Ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 2 § 4, 1984).

16.04.065 Reserved.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 5-1996 § 1, 1996).

16.04.070 Reserved.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 5-1996 § 2, 1996: Ord. 6-1984 Part 2 § 5, 1984).

16.04.080 Additional Timing Considerations.

(1)    For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the County’s staff recommendation to the Planning Commission, Hearing Examiner or similar decision body.

(2)    If the County’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 County conduct environmental review prior to submission of the detailed plans and specifications and the Responsible Official may agree to such request; provided, that adequate information must be furnished to the Responsible Official pursuant to the SEPA rules and supplemental provisions of this Chapter to allow a threshold determination to be made.

(3)    The optional DNS process in WAC 197-11-355 may be used to indicate on a notice of application that the lead agency is likely to issue a DNS. If this optional process is used, a separate comment period on the DNS may not be required if the Responsible Official determines that a separate comment period is unnecessary.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 2 § 5, 1984).

16.04.085 Reserved.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 5-1996 § 3, 1996).

16.04.087 Reserved.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 5-1996 § 4, 1996).

Article II. Categorical Exemptions and Threshold Determinations

16.04.090 Reserved.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 3 § 1, 1984).

16.04.100 Flexible Thresholds for Categorical Exemptions.

Yakima County establishes the following exempt levels for minor new construction under WAC 197-11-800(1) (b and c) based on local conditions, except when undertaken wholly or partly on lands covered by water as defined by WAC 197-11-756:

(1)    For the construction or location of any residential structures in WAC 197-11-800(1)(b)(i);

(a)    A maximum of twenty (20) residential dwelling units within Urban Growth Areas;

(b)    A maximum of twenty (20) residential dwelling units outside Urban Growth Areas:

(c)    This residential structures exemption shall apply only to the construction or location of dwelling units and not to minor land use decisions concerning the division of land established by SEPA rule.

(2)    For the construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure and to be used only by the property owner or his or her agent in the conduct of farming the property in WAC 197-11-800(1)(b)(ii):

(a)    A maximum of 30,000 square feet for projects located within Urban Growth Areas.

(b)    A maximum of 30,000 square feet for projects outside Urban Growth Areas.

(c)    This exemption shall not apply to feed lots as provided in WAC 197-11-800(1)(b)(ii).

(3)    For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iii):

(a)    A maximum of 12,000 square feet of gross floor area, and with associated parking facilities designed for a maximum of forty (40) automobiles for projects located in all Zoning Districts within Urban Growth Areas.

(b)    A maximum of 12,000 square feet gross floor area, and with associated parking facilities designed for a maximum of forty (40) automobiles for projects located in all Zoning Districts outside Urban Growth Areas.

(4)    For the construction of parking lots in WAC 197-11-800(1)(b)(iv) designed for a maximum of forty (40) automobiles for projects located in all Zoning Districts both within and outside Urban Growth Areas.

(5)    For landfills and excavations in WAC 197-11-800(1)(b)(11): A maximum of 500 cubic yards throughout the total lifetime of the fill or excavation in all Zoning Districts both within and outside Urban Growth Areas.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Mod. 1 § 1, 1986; Ord. 6-1984 Part 3 § 2, 1984).

16.04.105 Categorical Exemptions for Nonproject Proposals.

The following non-project actions are categorically exempt from RCW 43.21C:

(1)    Amendments to development regulations that:

(a)    Are required to ensure consistency with:

(i)    RCW 36.70A (The Growth Management Act), where the comprehensive plan was previously subjected to environmental review and the impacts associated with the proposed regulation were specifically addressed in the prior environmental review;

(ii)    90.58, the Shoreline Management Act where the Shoreline Master Program was previously subjected to environmental review and the impacts associated with the proposed regulation were specifically addressed in the prior environmental review;

(iii)    Minimum standards of technical codes, including:

(A)    Building codes required by 19.27 RCW;

(B)    Energy codes required by 19.27A RCW; and

(C)    Electrical codes required by 19.28 RCW;

(b)    Upon implementation of a project action, will provide increased environmental protection as limited by statute.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012).

16.04.110 Use of Exemptions.

(1)    Upon receipt of a proposal, the Responsible Official shall determine whether the proposal is categorically exempt. This determination shall be made based on applicable SEPA provisions, including but not limited to the definition of action (WAC 197-11-704), the process for determining categorical exemption (WAC 197-11-305), and any designation of environmentally sensitive or critical areas. The Responsible Official’s determination that a proposal is exempt shall be final and not subject to administrative appeal or review. If a proposal is exempt, none of the procedural requirements of this Chapter apply to the proposal. An action that is exempt may not be conditioned or denied under this Chapter. The County 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 non-exempt actions, the Responsible Official shall determine the lead agency, even if the license application that triggers the department’s consideration is exempt.

(3)    If a proposal includes both exempt and non exempt actions, the Responsible Official may authorize exempt actions prior to compliance with the procedural requirements of this Chapter, except that:

The Responsible Official shall not give authorization under this Subsection for:

(a)    Any nonexempt action;

(b)    Any action that would have an adverse environmental impact;

(c)    Any action that would limit the choice of alternative(s).

(4)    The Responsible Official 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.

(5)    The Responsible Official may withhold approval of an exempt action 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. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 5-1996 § 5, 1996: Ord. 6-1984 Part 3 § 3, 1984).

16.04.120 Environmental Checklist.

(1)    Except as provided in Subsection (5) below, a completed environmental checklist substantially 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 exempt in this Chapter; except, a checklist is not needed if the County and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The Responsible Official shall use the environmental checklist to determine whether the County should be the lead agency and, if the County is the lead agency, for making the threshold determination.

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

(3)    The County may require that it or a consultant of its own choosing in consultation with the applicant, and not the private applicant, will complete all or part of the environmental checklist for a private proposal if the County has technical information on a question or questions that is unavailable to the private applicant, or the applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.

(4)    For all proposals for which the County is the lead agency, the Responsible Official of the County shall make the threshold determination pursuant to the criteria and procedures of WAC 197-11-310 through 340, subject to the appeal procedures of Section 16.04.240 of this Chapter and YCC Title 16B.06.070.

(5)    For projects submitted as planned actions under WAC 197-11-164, the County shall use its existing environmental checklist form or may modify the environmental checklist form as provided in WAC 197-11-315. The modified environmental checklist form may be prepared and adopted along with, or as part of, a planned action ordinance or developed after the ordinance is adopted. In either case, a proposed modified environmental checklist form must be sent to the Department of Ecology to allow at least a thirty-day review prior to use.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 3 § 4, 1984).

16.04.130 Reserved.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 3 § 5, 1984).

Article III. Environmental Impact Statement (EIS)

16.04.140 Reserved.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 4 § 1, 1984).

16.04.150 Preparation of EIS – Additional Considerations.

(1)    Preparation of draft and final EIS (DEIS and FEIS) and draft and final supplemental EIS (SEIS) is the responsibility of the Yakima County Planning Division under the direction of the Responsible Official. Before the County issues an EIS, the Responsible Official shall be satisfied that it complies with this Chapter and WAC Chapter 197-11.

(2)    The Responsible Official shall determine whether the DEIS and FEIS and draft and final SEIS shall be prepared by County staff, the applicant, or by consultant. If the Responsible Official requires an EIS for a proposal and determines that someone other than the County 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 County’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.

(3)    The County may require an applicant to provide information the County 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 County may request under another ordinance or statute.)

(4)    In the event that an EIS is to be prepared by a private applicant or a consultant retained by the private applicant, the Responsible Official shall assure that the EIS is prepared in a responsible manner and with appropriate methodology. The Responsible Official shall direct the areas of research and examination to be undertaken, as well as the organization of the resulting document.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 4 § 2, 1984).

16.04.160 Reserved.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 4 § 3, 1984).

Article IV. Commenting

16.04.170 Reserved.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 5 § 1, 1984).

16.04.180 Public Notice.

(1)    Whenever possible, the County shall integrate the public notices required under SEPA with existing notification procedures established in YCC Title 16B.05 and 16B.06 for the County’s non-exempt permit(s) or approval(s) required of the proposal (See YCC 16B.05 – Table 5-1).

(2)    The applicant shall be responsible for the following costs of providing public notice:

(a)    Postage fees;

(b)    Publication fees;

(c)    Photocopies and printing costs; and

(d)    Documented staff time involved in preparing, sending and implementing notice procedures.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 5 § 2, 1984).

16.04.190 Designation of Official to Perform Consulted Agency Responsibilities for the County.

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

(2)    The Responsible Official shall be responsible for the County’s compliance with WAC 197-11-550 whenever the County 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 County.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 5 § 3, 1984).

Article V. Using Existing Environmental Documents

16.04.200 Reserved.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 6 § 1, 1984).

16.04.210 SEPA Public Information.

(1)    Information and documents relating to SEPA activities for Yakima County shall be retained at the following location:

Yakima County Planning Division

128 N. 2nd Street Fourth Floor, County Courthouse

Yakima, WA 98901

Telephone: (509) 574-2300

(2)    The County shall retain all documents required by the SEPA rules (WAC Chapter 197-11) and make them available in accordance with RCW Chapter 42.17.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 6 § 2, 1984).

Article VI. SEPA and Agency Decisions

16.04.220 Reserved.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 7 § 1, 1984).

16.04.230 Substantive Authority.

(1)    The policies and goals set forth in this Chapter are supplementary to those in the existing authorization of Yakima County and as provided in RCW 43.21C.060.

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

(a)    Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this Chapter; and

(b)    Such conditions are in writing; and

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

(d)    The County 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 Subsections 4 and 5 of this Section and cited in the license or other decision document.

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

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

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

(c)    The denial is based on one or more policies identified in Subsections 4 and 5 of this Section and identified in writing in the decision document.

(4)    The County designates and adopts by reference the following policies as the basis for the County’s exercise of authority pursuant to this Section.

(a)    The County adopts by reference the general policies of the State Environmental Policy Act as set forth in RCW 43.21C.010 and RCW 43.21C.020 in order to achieve the environmental goals of the community.

(b)    The County adopts by reference the goals, policies and objectives in the following County plans, codes, ordinances, and resolutions as they now exist or are hereafter amended or supplemented, as authorized by RCW 43.21C.060:

(i)    The Yakima County Comprehensive Plan, with amendments and Supplements thereto;

(ii)    Yakima County-wide Planning Policy (Reso. 553-2003), with related Interlocal Agreements for Growth Management Act Implementation in Yakima County;

(iii)    Yakima Urban Area Comprehensive Plan, with amendments and supplements thereto:

1.    West Valley Neighborhood Plan;

2.    Terrace Heights Neighborhood Plan;

(iv)    Yakima County Regional Shoreline Master Program:

1.    YCC Title 16D;

2.    WAC 173 Chapters 18-27 (Shoreline Management);

(v)    YCC Title 2 Administration and Personnel:

1.    Chapter 2.16, Planning Commission and Department;

2.    Chapter 2.23, Hearing Examiner;

(vi)    YCC Title 5 Business Licenses and Regulations;

(vii)    YCC Title 6 Health, Welfare and Sanitation;

(viii)    YCC Title 8 Public Peace, Safety and Morals;

(ix)    YCC Title 9 Vehicles and Traffic;

(x)    YCC Title 10 Roads, Highways and Bridges;

(xi)    YCC Title 11 Parks;

(xii)    YCC Title 12 Water and Sewer;

(xiii)    YCC Title 13 Building and Construction;

(xiv)    Zoning with amendments and Supplements thereto:

1.    YCC Title 19 - Unified Land Development Code;

(xv)    YCC Title 16 Environment:

1.    Chapter 16.04 State Environmental Policy Act;

2.    Chapter 16.16 Reclamation Program;

(xvi)    Critical Areas and Flood Hazard Regulations:

1.    YCC Title 16C;

(xvii)    YCC Title 16B Project Permit Administration;

(xviii)    YCC Title 17 Urban Area Growth Policy;

(xix)    YCC Title 20 Yakima County Fee Schedule;

(xx)    Agreement for Wastewater Treatment and Disposal Service, as amended;

(xxi)    Greenway Master Plan;

(xxii)    Comprehensive Flood Hazard Master Plans (CFHMP), with amendments and Supplements thereto:

1.    Upper Yakima CFHMP;

2.    Naches River CFHMP;

3.    Ahtanum – Wide Hollow CFHMP;

(xxiii)    Yakima County Solid Waste Master Plan, with amendments and supplements thereto;

(xxiv)    Yakima County Capital Facilities Plan, with amendments and supplements thereto;

(xxv)    Yakima Air Terminal Airport Master Plan, with amendments and supplements thereto.

(5)    The County adopts the following policies to support its substantive authority under SEPA:

(a)    A single development or land use though otherwise consistent with zoning and other County policies may create adverse impacts upon facilities and services, natural systems or the surrounding area when aggregated with the impacts of prior or other proposed development. It is the policy of the County to analyze such cumulative environmental impacts and condition or deny proposals to minimize or prevent adverse impacts in accordance with other provisions of this Chapter;

(b)    In assessing the environmental impacts of a proposal and in determining the need for conditioning or denying a proposal in accordance with other provisions of this Chapter, the Responsible Official shall utilize SEPA, all policies, guidelines and regulations adopted pursuant to SEPA, federal, state and regional environmental quality standards, and the legislative enactments of the County, both specific and general, now in effect or enacted in the future;

(c)    The County reserves the right to impose specific conditions upon any action or to deny action in conformance with the policies stated in this Chapter, so as to mitigate or prevent adverse environmental impacts.

(Ord. 10-2019 (Exh. 1) (part), 2019: Res. 80-2016 (Exh. A) (part), 2016; Ord. 4-2012 § 2 (Exhs. A, B) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984, Mod 1 § 2, 1986: Ord. 6-1984 Part 7 § 2, 1984).

16.04.240 SEPA Appeals.

Administrative SEPA appeals shall be heard by the Hearing Examiner at an open record public hearing as specified by YCC Section 16B.06.070, Project Permit Administration – Appeals of SEPA Determinations.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 5-1996 § 6, 1996: Ord. 1-1990 § 13, 1990: Ord. 6-1984 Part 7 § 3, 1984).

16.04.250 Notice/Statute of Limitations.

(1)    The County, applicant for, 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 County Auditor, applicant or proponent pursuant to RCW 43.21C.080.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 7 § 4, 1984).

16.04.260 Reserved.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 9 § 1, 1984)

Article VII. Agency Compliance

16.04.270 Reserved.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 10 § 1, 1984).

16.04.280 Fees.

The County shall require fees for activities in accordance with this Chapter as set forth in YCC Title 20, as may be amended or adjusted hereafter.

(1)    Threshold Determination. For every environmental checklist the County will review when it is lead agency, the County shall collect a fee established in YCC Title 20 from the proponent of the proposal prior to undertaking the threshold determination. The County may require a contractual agreement to pay fees for the review of major applications, Mitigated DNS or EIS as specified in Title 20. Failure to pay fees or deposits will result in termination or suspension of further project review.

(2)    Environmental Impact Statement.

(a)    When the County 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 County, the County may charge and collect a reasonable fee from any applicant to cover costs incurred by the County in processing the EIS.

(b)    The Responsible Official may determine that the County 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 County and may bill such costs and expenses directly to the applicant. The County may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the County and applicant.

(c)    If a proposal is modified so that an EIS is no longer required, the Responsible Official shall refund any fees collected under subdivision (2)(a) or (b) of this Subsection which remain after incurred costs are paid.

(3)    The applicant shall be responsible for the cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal, as provided in Section 16.04.180(2).

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 1-1990 § 14, 1990: Ord. 6-1984 Part 10 § 2, 1984).

16.04.290 Severability.

If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of this Chapter, or the application of the provision to other persons or circumstances, shall not be affected.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 10 § 5, 1984).

Article VIII. Forms

16.04.300 Adoption by Reference.

The County adopts the following forms and sections by reference:

WAC

197-11-960    Environmental Checklist.

197-11-965    Adoption notice.

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

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

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

197-11-990    Notice of Action.

(Ord. 4-2012 § 2 (Exh. A) (part), 2012: Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 11 § 1, 1984).