Chapter 18.20
STATE ENVIRONMENTAL POLICY ACT
Sections:
18.20.020 Categorical exemptions.
18.20.030 Environmental policies.
18.20.040 Designation of responsible official.
18.20.050 Consistency with the comprehensive plan and adopted development regulations.
18.20.070 Public and agency comments.
18.20.080 Substantive authority.
18.20.090 Preparation of environmental impact statements.
18.20.100 Imposition of fees in lieu of improvement.
18.20.010 Intent.
The intent of this chapter is to implement the requirements of the State Environmental Policy Act, Chapter 43.21C RCW and Chapter 197-11 WAC. (Ord. 995 § 12 (Exh. A), 2015).
18.20.020 Categorical exemptions.
A. The exempt threshold for minor new construction in the city of Yelm pursuant to WAC 197-11-800 shall be:
1. Projects proposing 24 or fewer single-family dwelling units.
2. Projects proposing 32 or fewer multiple family dwelling units.
3. The construction of any office, school, commercial, recreational, service or storage building 10,000 square feet or smaller which creates fewer than 25 new peak p.m. trips to the transportation system and with 90 or fewer associated parking stalls;
4. Any landfill or excavation permit for 1,000 cubic yards or less throughout the lifetime of the permit. (Ord. 995 § 12 (Exh. A), 2015).
18.20.030 Environmental policies.
The following documents are to be considered as environmental policies of the city of Yelm:
A. The city of Yelm comprehensive plan and joint plan with Thurston County, together with appendices and plans referenced therein;
B. The Yelm Creek Flood Hazard Management Plan;
C. The Nisqually River Management Plan;
D. The Unified Development Regulations of the city of Yelm;
E. The Yelm Engineering Specifications and Standard Details of the city of Yelm. (Ord. 995 § 12 (Exh. A), 2015).
18.20.040 Designation of responsible official.
For those proposals for which the city is the lead agency, the responsible official shall be the community development director of the city of Yelm. (Ord. 995 § 12 (Exh. A), 2015).
18.20.050 Consistency with the comprehensive plan and adopted development regulations.
The principal guide in measuring environmental impacts shall be whether the proposed project is consistent with:
A. The comprehensive plan for the city of Yelm;
B. The development regulations designed to implement the comprehensive plan. (Ord. 995 § 12 (Exh. A), 2015).
18.20.060 Public notice.
A. Whenever the responsible official issues a determination of nonsignificance pursuant to WAC 197-11-340(2), notice shall be given as follows:
1. Sending the determination by U.S. Mail or email to agencies with jurisdiction and affected tribes.
2. If public notice is required for the underlying permit, the notice shall state whether a determination has been issued and when comments are due.
3. If no public notice is required for the underlying permit, the determination of nonsignificance shall be published in a newspaper of general circulation in the city.
B. Whenever the responsible official issues a determination of significance pursuant to WAC 197-11-360(3), notice shall be given as follows:
1. Sending the determination, draft scope, and scoping procedures by U.S. Mail or email to agencies with jurisdiction, agencies with environmental expertise, and affected tribes.
2. The determination, draft scope, and scoping procedures shall be published in a newspaper of general circulation in the city.
C. Whenever the city issues a draft environmental impact statement pursuant to WAC 197-11-455(5), a supplemental environmental impact statement under WAC 197-11-620, or a final environmental impact statement, notice of the availability of those documents shall be provided as follows:
1. Sending a notice of availability by U.S. Mail or email to agencies with jurisdiction, agencies with environmental expertise, affected tribes, and all persons, organizations, or agencies which provided comments to the city on the project.
2. Publishing a notice of availability in a newspaper of general circulation in the city. (Ord. 995 § 12 (Exh. A), 2015).
18.20.070 Public and agency comments.
A. The responsible official shall consider all comments received during the comment period for a determination of nonsignificance and, based on those comments, may withdraw or modify the determination.
B. The decision maker on the underlying permit shall consider all comments received during the comment period for the determination of nonsignificance or that of the underlying permit and, based on those comments, may attach mitigation measures to the underlying permit pursuant to YMC 18.20.080.
C. The responsible official shall consider all comments received during the comment period on a determination of significance and its draft scope and, based on those comments, may modify the final scope for the environmental impact statement.
D. The responsible official shall consider and respond to all comments received during the comment period on a draft environmental impact statement in the final environmental impact statement. (Ord. 995 § 12 (Exh. A), 2015).
18.20.080 Substantive authority.
A. The decision maker on the underlying permit may approve the underlying permit with mitigation measures pursuant to WAC 197-11-660 through the use of substantive authority.
Mitigation measures attached to the underlying permit through the use of substantive authority must be:
1. Based on the goals and policies of the Yelm comprehensive plan and development regulations in effect at the time the threshold determination is issued;
2. Related to specific, adverse environmental impacts clearly identified in an environmental document on the proposal;
3. Stated in writing by the decision maker, along with citation to the policy that is the basis of the mitigation measure;
4. Reasonable and capable of being accomplished; and
5. Imposed on applicant only to the extent attributable to the identified adverse impacts of its proposal.
B. The decision maker on the underlying permit may deny the permit for a proposal pursuant to WAC 197-11-660 through the use of substantive authority; provided, that:
1. A finding is made that approving the proposal would result in probable and significant adverse environmental impact identified in a final or supplemental environmental impact statement; and
2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impacts; and
3. The denial is based on one or more of the policies identified in this section and identified in writing in the decision document.
C. The city designates and adopts by reference the following policies as the basis for the exercise of authority pursuant to this section:
1. The goals and policies of the Yelm comprehensive plan.
2. Adopted capital facilities plans, including but not limited to the water system plan, general sewer plan, transportation plan, and parks plan.
3. The Yelm Unified Development Code, this title. (Ord. 995 § 12 (Exh. A), 2015).
18.20.090 Preparation of environmental impact statements.
The preparation of draft and final environmental impact statements and draft and final supplemental environmental impact statements shall be accomplished under the direction of the responsible official. (Ord. 995 § 12 (Exh. A), 2015).
18.20.100 Imposition of fees in lieu of improvement.
Where the public interest is served in the construction of a regional public facility, and where a project impacts a public facility and will in fact be benefitted by the facility, the city may impose a fee in lieu of requiring construction of a portion of the public facility where:
A. A proportionality exists between the fee imposed, the facility to be constructed, the impact of the project, and the benefit to the project;
B. The facility is identified in the comprehensive plan and in specific public facility plans designed to implement the comprehensive plan;
C. The city has otherwise satisfied all requirements for the imposition of a fee for development set forth in Chapter 82.02 RCW. (Ord. 995 § 12 (Exh. A), 2015).
18.20.110 Notice of action.
The city, an applicant for, or a proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action. The form of such notice shall be substantially in the form provided in WAC 197-11-990 and shall be published by the city clerk/treasurer, the applicant or the proponent pursuant to RCW 43.21C.080. (Ord. 995 § 12 (Exh. A), 2015).