Chapter 19.22 PROCEDURES AND POLICIES FOR IMPLEMENTING THE STATE ENVIRONMENTAL POLICY ACT

Chapter 19.22
PROCEDURES AND POLICIES FOR IMPLEMENTING THE STATE ENVIRONMENTAL POLICY ACT

Sections:

19.22.010 Authority.

19.22.020 General requirements.

19.22.030 Categorical exemptions and threshold determinations.

19.22.040 Environmental impact statement (EIS).

19.22.050 Public notice and commenting.

19.22.060 Using existing environmental documents.

19.22.070 SEPA decisions and appeals.

19.22.080 Definitions.

19.22.090 Categorical exemptions.

19.22.100 Rules to be followed by the city – Fee schedule.

19.22.110 Forms.

19.22.010 Authority.

The city of Marysville adopts 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. The city’s substantive policies for protecting the environment are found in other chapters of the Marysville Municipal Code, and are incorporated herein by and through MMC 19.22.070.

The SEPA rules, Chapter 197-11 WAC, and the Model SEPA Ordinance, Chapter 173-806 WAC, must be used in conjunction with this chapter. The authority to incorporate said codes, or sections thereof, by reference is found in RCW 43.21C.135. Three copies of any sections of state codes so incorporated are on file with the city clerk for public use and examination. (Ord. 2131, 1997).

19.22.020 General requirements.

The city adopts the following sections of the Model SEPA Ordinance, as now existing or hereafter amended, by reference, and incorporates the same into this chapter as though set forth in full:

(1) WAC 173-806-020;

(2) WAC 173-806-030;

(3) WAC 173-806-040; provided, that subsection (1) thereof shall be amended to read as follows:

For those proposals for which the city is the lead agency, the responsible official shall be the city planning director or such other person as the mayor may designate in writing.

(4) WAC 173-806-050;

(5) WAC 173-806-053;

(6) WAC 173-806-055;

(7) WAC 173-806-058; provided, that subsection (1) thereof shall be amended to read as follows:

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 hearing examiner.

(Ord. 2131, 1997).

19.22.030 Categorical exemptions and threshold determinations.

The city adopts the following sections of the Model SEPA Ordinance, as now existing or hereafter amended, by reference, and incorporates the same into this chapter as though set forth in full:

(1) WAC 173-806-065;

(2) WAC 173-806-070; provided, that subsection (1) thereof shall be amended to read as follows:

The city establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(b) based on local conditions:

(a) For residential dwelling units in WAC 197-11-800(1)(b)(i): up to 9 dwelling units, provided that the project site is served by public water and sanitary sewer.

(b) For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iii): up to 12,000 square feet and up to 40 parking spaces, provided that the project site is:

(i) Zoned for business, commercial or industrial use; and

(ii) Designated for business, commercial or industrial use by the Comprehensive Plan; and

(iii) Served by public water and sanitary sewer.

(d) For landfills and excavations in WAC 197-11-800(1)(b)(v): up to 500 cubic yards.

(3) WAC 173-806-080;

(4) WAC 173-806-090; provided, that subsection (1) shall use option 1 stated therein;

(5) WAC 173-806-100. (Ord. 2526 § 13, 2004; Ord. 2427 § 1, 2002; Ord. 2131, 1997).

19.22.040 Environmental impact statement (EIS).

The city adopts the following sections of the Model SEPA Ordinance, as now existing or hereafter amended, by reference, and incorporates the same into this chapter as though set forth in full;

(1) WAC 173-806-110;

(2) WAC 173-806-120;

(3) WAC 173-806-125. (Ord. 2131, 1997).

19.22.050 Public notice and commenting.

The city adopts the following sections of the Model SEPA Ordinance, as now existing or hereafter amended, by reference, and incorporates the same into this chapter as though set forth in full:

(1) WAC 173-806-128;

(2) WAC 173-806-130; provided, that subsection (1)(b) thereof shall be amended to read as follows:

If no public notice is required for the permit or approval, the city shall give notice of the DNS or DS by:

(i) Posting notice in City Hall and in the United States Post Office; and

(ii) Submitting the notice to the SEPA register if required by WAC 197-11-508; and

(iii) Using such other method of public notice as is deemed necessary and appropriate by the responsible official, if any.

Provided further, that subsection (2) thereof shall be amended to read as follows:

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 and any public notice required for a nonexempt license; and

(b) Posting the property for site-specific proposals; and

(d) Submitting the notice to the SEPA register; and

(e) Using such other method of public notice as is deemed necessary and appropriate by the responsible official, if any.

(3) WAC 173-806-140; provided, that such section shall be completed by designating the responsible official as the person referred to therein. (Ord. 2131, 1997).

19.22.060 Using existing environmental documents.

The city adopts the following section of the Model SEPA Ordinance, as now existing or hereafter amended, by reference, and incorporates the same into this chapter as though set forth in full:

(1) WAC 173-806-150. (Ord. 2131, 1997).

19.22.070 SEPA decisions and appeals.

The city adopts the following sections of the Model SEPA Ordinance, as now existing or hereafter amended, by reference, and incorporates the same into this chapter as though set forth in full:

(1) WAC 173-806-155;

(2) WAC 173-806-160; provided, that subsection (c) thereof shall be amended to read as follows:

The city adopts by reference the policies in the following city codes, plans, policies and agreements, as now existing or hereafter amended, as a possible basis for the exercise of substantive authority in the conditioning or denying of proposals:

(a) Chapter 6.76 MMC, Noise Regulations;

(b) MMC Title 7, Health and Sanitation;

(d) Chapter 11.56 MMC, Fire Zones;

(e) Chapter 11.62 MMC, Truck Routes;

(f) MMC 12.02.170, Curbs, gutters and sidewalks required;

(g) MMC 12.02.180, Minimum access requirements;

(h) MMC 12.02.190, Dedication of road right-of-way – Required setbacks;

(i) Chapter 12.06 MMC, Classification of Streets;

(j) Six-Year Transportation Improvement Program;

(k) Chapter 14.01 MMC, General Requirements for Utility Service;

(l) Chapter 14.15 MMC, On-Site Storm Water Drainage Code;

(m) Chapter 14.16 MMC, Public Storm Drainage System Code;

(n) Chapter 14.18 MMC, Storm Water Drainage Assessments in Certain Designated Drainage Basins;

(o) Chapter 14.21 MMC, Illicit Discharge Detection and Elimination (IDDE);

(p) Chapter 14.32 MMC, Rural Utility Service Area, including the RUSA Plan;

(q) MMC Title 16, Building Codes, Sign Code, and Flood Plain Management;

(r) Chapter 18.08 MMC, Comprehensive Plan;

(s) Chapter 18.16 MMC, Shoreline Management Master Program, and Streamside Protection Zone;

(t) Chapter 18.24 MMC, Mitigation of Impacts Resulting from Development Proposals;

(u) MMC Title 19, Zoning;

(v) MMC Title 20, Subdivisions;

(w) All transportation improvement programs adopted by the city council pursuant to Chapter 39.92 RCW;

(x) All capital facilities projects contained within the Marysville Comprehensive Plan;

(y) Interlocal Agreement Between Snohomish County and the City of Marysville on Reciprocal Mitigation of Transportation Impacts;

(z) Interlocal Agreement Between the City of Marysville and Snohomish County Concerning Annexation and Urban Development Within the Marysville Urban Growth Area;

(aa) The formally designated SEPA policies of other affected agencies or jurisdictions when there is an agreement with the affected agency or jurisdiction which specifically addresses impact identification, documentation, and mitigation and which references the environmental policies formally designated by the agency or jurisdiction for the exercise of SEPA authority.

(3) Appeals.

(a) Any agency or aggrieved person may appeal the procedures or substance of an environmental determination of the responsible official under SEPA as follows:

(i) A DNS. Written notice of such an appeal shall be filed with the responsible official within 15 days after the date of issuance of the DNS. The appeal hearing shall be consolidated with the hearing(s) on the merits of the governmental action for which the environmental determination was made.

(ii) A DS. Written notice of the appeal shall be filed with the responsible official within 15 days after the date of issuance of the DS. The appeal shall be heard by the city council within 30 days thereafter.

(iii) The Adequacy of an EIS. Written notice of appeal shall be filed with the responsible official within 15 days after the issuance of the final EIS. The appeal hearing shall be consolidated with the hearing(s) on the merits of the governmental action for which the EIS was issued.

(iv) Appeals of intermediate steps in the SEPA process shall not be allowed.

(v) For any appeal under this section, the city shall provide for a record that shall consist of the following:

(A) Findings and conclusions;

(B) Testimony under oath; and

(vi) Determination by the responsible official shall carry substantial weight in any appeal proceeding.

(b) The city shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal.

(c) No agency or person may seek judicial review of environmental determinations made pursuant to SEPA unless such agency or person has first appealed such environmental determinations using the administrative procedure set forth above.

(4) WAC 173-806-173. (Ord. 2782 § 3, 2009; Ord. 2274 § 1, 1999; Ord. 2131, 1997).

19.22.080 Definitions.

The city adopts the following section of the Model SEPA Ordinance, as now existing or hereafter amended, by reference, and incorporates the same into this chapter as though set forth in full:

(1) WAC 173-806-175. (Ord. 2131, 1997).

19.22.090 Categorical exemptions.

The city adopts the following section of the Model SEPA Ordinance, as now existing or hereafter amended, by reference, and incorporates the same into this chapter as though set forth in full:

(1) WAC 173-806-190. (Ord. 2131, 1997).

19.22.100 Rules to be followed by the city – Fee schedule.

The city adopts the following sections of the Model SEPA Ordinance, as now existing or hereafter amended, by reference, and incorporates the same into this chapter as though set forth in full:

(1) WAC 173-806-195.

(2) WAC 173-806-190; provided, that subsection (1) thereof shall be amended to read as follows:

All areas designated on the city’s shoreline environment designation map (see MMC 18.16.020), areas designated as being within the streamside protection zone (see MMC 18.16.275), and areas regulated under Chapter 19.24 MMC are “environmentally sensitive areas” as referred to in WAC 173-806-190. For each environmentally sensitive area, the exemptions within WAC 197-11-800 that are inapplicable for that area are: (1)(b); (2)(d) and (g); (24)(b), (d) and (f); (25)(h). Unidentified exemptions shall continue to apply within environmentally sensitive areas for the city.

(3) WAC 173-806-200; provided, that subsection (1) thereof shall be amended to read as follows:

Threshold Determination. For every environmental checklist the city will review when it is lead agency, the city shall collect a fee as set out in Chapter 19.60 MMC from the proponent of the proposal prior to undertaking the threshold determination. When the city completes the environmental checklist of the applicant’s request or under WAC 173-806-090(3) of this chapter, an additional $100.00 shall be collected.

(4) WAC 173-806-220. (Ord. 2131, 1997).

19.22.110 Forms.

The city adopts the following section of the Model SEPA Ordinance, as now existing or hereafter amended, by reference, and incorporates the same into this chapter as though set forth in full:

(1) WAC 173-806-230. (Ord. 2131, 1997).