Chapter 18.06 ENVIRONMENTAL REVIEW (SEPA)

The city of East Wenatchee 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. The SEPA rules contained in Chapter 197-11 WAC must be used in conjunction with this chapter. (Ord. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.020 Adoption by reference.

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

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.

(Ord. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.030 Additional definitions.

In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter the following terms shall have the following meanings, unless the context indicates otherwise:

A. “Department” means any division, subdivision or organizational unit of the city established by ordinance, rule or order.

B. “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology. (Ord. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.040 Designation of responsible official.

A. For those proposals for which the city is the lead agency and for the purpose of determining which agency is the lead agency, the responsible official shall be the community development director or such other person as the community development director may designate in writing.

B. For all proposals for which the city is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS) and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA rules that have been adopted by reference. (Ord. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.050 Lead agency determination and responsibilities.

A. The responsible official or the department receiving an application for or initiating a proposal that involves a nonexempt action 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 responsible official of the department is aware that another department or agency is in the process of determining the lead agency.

B. When the city is not the lead agency for a proposal, all departments of the city shall use and consider, as appropriate, either the declaration of nonsignificance (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.

C. 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 must be resolved within 15 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 15-day time period. Any such petition on behalf of the city may be initiated by the responsible official or any department.

D. The responsible official is authorized to make agreements as to lead agency status or shared lead agency’s duties for a proposal under WAC 197-11-942 and 197-11-944.

E. When making a lead agency determination for a private project, the responsible official or department making such determination shall require sufficient information from the applicant to identify other agencies with jurisdiction. (Ord. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.060 Categorical exemptions and threshold determinations – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereafter amended by reference as supplemented in this chapter:

197-11-300 Purpose.

197-11-305 Categorical exemptions.

197-11-310 Threshold determination required.

197-11-315 Environmental checklist.

197-11-330 Threshold determination checklist.

197-11-335 Additional information.

197-11-340 Determination of nonsignificance (DNS).

197-11-350 Mitigated DNS.

197-11-360 Determination of significance (DS)/ initiation of scoping.

197-11-390 Effect of threshold determination.

(Ord. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.070 Categorical exemptions and threshold determinations – Integrated with project review.

East Wenatchee has adopted an integrated project review process under RCW 36.70B.060. The following timing requirements shall apply:

A. If a DS is made concurrent with the notice of application, the DS and scoping notice shall be combined with the notice of application. 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.

B. Nothing in this section prevents a lead agency, when it is a project proponent or is funding the project, from conducting its review under SEPA or from allowing appeals of procedural determinations prior to submitting a project permit application.

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

D. The optional DNS process in WAC 197-11-355 may be used to indicate on the 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. (Ord. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.080 Categorical exemptions – Adoption by reference.

The city adopts the following rules for categorical exemption of Chapter 197-11 WAC, as now existing or hereafter amended, by reference, as supplemented in this chapter, including EWMC 18.06.090 and 18.06.100:

197-11-800 Categorical exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to change exemptions.

(Ord. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.090 Categorical exemptions – Flexible threshold.

A. The city establishes the following exempt levels for minor new construction based on local conditions:

1. For residential dwelling units in WAC 197-11-800(l)(b)(i), up to four detached dwelling units;

2. For residential dwelling units in WAC 197-11-800(1)(b)(ii), up to four multifamily residential units;

3. For agricultural structures in WAC 197-11-800(1)(b)(iii), up to 10,000 square feet;

4. For office, school, commercial, recreational service or storage buildings in WAC 197-11-800(1)(b)(iv), up to 4,000 square feet and up to 20 parking spaces;

5. For parking lots in WAC 197-11-800 (1)(b)(iv), up to 20 parking spaces;

6. For landfills and excavations in WAC 197-11-800(1)(b)(v), up to 100 cubic yards throughout the total lifetime of the fill or excavation and any excavation, fill or grading necessary for an exempt project in subsections (A)(1), (2), (3), (4), and (5) of this section;

B. The responsible official shall send copies of all adopted flexible thresholds to the Department of Ecology, Headquarters Office, Olympia, Washington. (Ord. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.100 Categorical exemptions – Determination.

A. When the city receives a complete 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 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 shall apply to the proposal.

B. 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 license required. If a proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency even if the license application that triggers the consideration is exempt.

C. If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:

1. The city shall not give authorization for:

a. Any nonexempt action,

b. Any action that would have an adverse environmental impact, or

c. Any action that would limit the choice of reasonable alternatives;

2. The city may withhold approval of any permit, application or proposal, the basis of which is an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if the nonexempt actions were not approved; and

3. The city may withhold approval of any permit, application or proposal, the basis of which is an exempt action that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if the nonexempt actions were not approved. (Ord. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.110 Determination – Review at conceptual stage.

A. If the city’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications.

B. In addition to the environmental documents, an applicant shall submit the following information for early environmental review:

1. A copy of any permit or license application;

2. Other information as the responsible official may determine. (Ord. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.120 Threshold determinations – Environmental checklist.

A. A completed environmental checklist shall be filed at the same time as an application for a permit, license, certificate or other approval not exempted by this chapter. The checklist shall be in the form provided in WAC 197-11-960 with such additions that may be required by the responsible official in accordance with WAC 197-11-906(4).

B. A checklist is not needed if SEPA compliance has been completed, or SEPA compliance has been initiated by another agency.

C. For private proposals, the applicant is required to complete the environmental checklist. The city may provide assistance as necessary. For city proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

D. The city may decide to complete all or part of the environmental checklist for a private proposal, if any of the following occurs:

1. The city has technical information on a question or questions that is unavailable to the private applicant; or

2. The applicant has provided inadequate or inaccurate information on previous proposals or on proposals currently under consideration.

E. The applicant shall pay to the city the actual costs of providing information under subsection (D)(2) of this section. (Ord. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.130 Threshold determinations – Mitigated DNS.

A. The responsible official may issue a determination of nonsignificance (DNS) based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of the proposal made by the applicant.

B. An applicant may request in writing early notice of whether a determination of significance (DS) is likely. The request must:

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

2. Precede the city’s actual threshold determination for the proposal.

C. The responsible official’s response to the request for early notice shall:

1. State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific areas of concern that are leading the city to consider a DS; and

2. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, and may revise the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.

D. When an applicant submits a changed or clarified proposal along with a revised environmental checklist, the city shall base its threshold determination on the changes or clarified proposal.

1. If the city indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the city shall issue and circulate a DNS if the city determines that no additional information or mitigation measures are required.

2. If the city indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the city shall make the threshold determination, issuing a DNS or DS as appropriate.

3. The applicant’s proposed mitigation measures, clarifications, changes or conditions must be in writing and must be specific.

4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.

E. A mitigated DNS 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.

F. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the licensing decision and may be enforced in the same manner as any term or condition of the permit or enforced in any manner specifically prescribed by the city. Failure to comply with the designated mitigation measures shall be grounds for suspension and/or revocation of any license issued.

G. 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) relating to the withdrawal of a DNS.

H. The city’s written response under subsection B 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. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

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

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, by reference as supplemented by this chapter:

197-11-400 Purpose of EIS.

197-11-402 General requirements.

197-11-405 EIS types.

197-11-406 EIS timing.

197-11-408 Scoping.

197-11-410 Expanded scoping.

197-11-420 EIS preparation.

197-11-425 Style and size.

197-11-430 Format.

197-11-435 Cover letter or memo.

197-11-440 EIS contents.

197-11-442 Contents of EIS on nonproject proposals.

197-11-443 EIS contents when prior nonproject EIS.

197-11-444 Elements of the environment.

197-11-448 Relationship of EIS to other considerations.

197-11-450 Cost-benefit analysis.

197-11-455 Issuance of DEIS.

197-11-460 Issuance of FEIS.

(Ord. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.150 EIS – Additional elements.

The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under this chapter:

A. Economy.

B. Social policy analysis.

C. Cost-benefit analysis.

D. Such other elements as may be required by the responsible official. (Ord. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.160 EIS – Preparation.

A. Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEISs) shall be under the direction of the responsible official. Before the city issues an EIS, the responsible official shall be satisfied that it complies with the chapter and Chapter 197-11 WAC.

B. The DEIS, FEIS and SEIS shall be prepared at the city’s option by the city staff, the applicant or by 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 draft and final EIS prior to distribution.

C. The city may require an applicant to provide additional information which the city does not possess, including information which must be obtained by specific investigations. This provision is not intended to expand or limit an applicant’s other obligations under WAC 197-11-100. An applicant shall not be required to produce information under this provision which is not specifically required by this chapter; however, the applicant is not relieved of the duty to supply any other information required by statute, regulation or ordinance. (Ord. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.165 EIS – Time limit for completion.

Subject to delays caused by the applicant’s failure to provide information requested by the city and other delays beyond the city’s control, an EIS will be completed within one year of the date of declaration of significance, unless the city and the applicant agree in writing to a different estimated time period for completion of the EIS. (Ord. 22-21 § 5 (Exh. A), 2022; Ord. 97-14 § 2, 1997)

18.06.170 EIS – Commenting – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, by reference as supplemented in this chapter:

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. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.180 Public notice.

A. 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.

B. 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 notice as follows:

1. If a SEPA document is issued concurrently with the notice of application, the public notice requirements for the notice of application will suffice to meet the SEPA public notice requirements.

2. 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 methods as determined by the responsible official:

a. Publication in the official legal newspaper of the city;

b. Posting of the property for site-specific proposals;

c. Posting notice on a public notice bulletin board or in a public notice register in the office of the lead agency;

d. Posting notice in a newspaper of general circulation in the general area where the proposal is located;

e. Notifying the news media;

f. Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered;

g. Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and/or

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

3. 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 a DNS is issued using the optional DNS process, the public notice requirements for the notice of application in EWMC 19.03.040 as supplemented by the requirements in WAC 197-11-355 will suffice to meet the SEPA public notice requirements.

D. Whenever the city issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by:

1. Indicating the availability of the DEIS in any public notice required for a nonexempt action: and at least one of the following methods as determined by the responsible official:

a. Publication in the official legal newspaper of the city;

b. Posting the property, for site-specific proposals;

c. Publishing notice in a newspaper of general circulation in the general area where the proposal is located;

d. Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered;

e. Notifying the news media;

f. Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and/or

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

2. The city may require an applicant to complete the public notice requirements for the applicant’s proposal at the applicant’s expense. Affidavit(s) of fulfilling public notice requirements shall be submitted to the responsible official by the applicant. (Ord. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.190 Designation of official to perform consulted agency responsibilities.

A. 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 of a draft EIS.

B. The 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. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.200 Using existing environmental documents – Adoption by reference.

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

197-11-600 When to use 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. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.210 SEPA decisions – Adoption by reference.

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

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. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.220 SEPA decisions.

For nonexempt proposals, the DNS or draft EIS for the proposal shall accompany the city staff’s recommendation. If a final EIS is or becomes available, it shall be substituted for the draft. (Ord. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.230 SEPA decisions – Substantive authority.

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

1. Such conditions are necessary to mitigate specific adverse environmental impacts clearly identified in an environmental document prepared pursuant to this chapter; and

2. Such conditions are in writing; and

3. Such conditions are reasonable and capable of being accomplished; and

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

5. Such conditions are based on one or more policies in EWMC 18.06.240 and cited in the permit, approval, license or other decision document.

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

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

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

3. The denial is based on one or more policies identified in EWMC 18.06.240 and identified in writing in the decision document. (Ord. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.240 SEPA – Policies.

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

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

1. Chapter 43.21C RCW, State Environmental Policy Act.

2. EWMC Title 5, Business Taxes, License and Regulations.

3. EWMC Title 6, Animals.

4. EWMC Title 8, Health and Safety.

5. EWMC Title 10, Vehicles and Traffic.

6. EWMC Title 12, Streets, Sidewalks and Public Places.

7. EWMC Title 13, Surface and Storm Water Management.

8. EWMC Title 15, Buildings and Construction.

9. EWMC Title 16, Subdivisions.

10. EWMC Title 17, Zoning.

11. EWMC Title 18, Environment.

12. Greater East Wenatchee area comprehensive plan, city of East Wenatchee.

13. East Wenatchee shoreline master program.

14. Six-year transportation improvement plan, city of East Wenatchee.

15. Douglas County comprehensive solid waste management plan. (Ord. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.250 Appeals.

A. Unless otherwise provided by this section, appeals authorized under this chapter shall be of the governmental action together with its accompanying environmental determinations.

B. Appeals of environmental determinations made (or lacking) under this chapter shall be commenced within the time required to appeal the governmental action which is the subject of environmental review as set forth in Chapter 19.07 EWMC. (Ord. 22-21 § 5 (Exh. A), 2022; Ord. 97-14 § 1, 1997; Ord. 90-5 § 2 Exh. A, 1992)

18.06.260 Notice/statute of limitations.

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

B. The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the city clerk, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.270 Definitions – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, by reference, as supplemented in this chapter:

197-11-700 Definitions.

197-11-702 Act.

197-11-704 Action.

197-11-706 Addendum.

197-11-708 Adoption.

197-11-710 Affected tribe.

197-11-712 Affecting.

197-11-714 Agency.

197-11-716 Applicant.

197-11-718 Built environment.

197-11-720 Categorical exemption.

197-11-721 Closed record appeal.

197-11-722 Consolidated appeal.

197-11-724 Consulted agency.

197-11-726 Cost-benefit analysis.

197-11-728 County/city.

197-11-730 Decision maker.

197-11-732 Department.

197-11-734 Determination of nonsignificance (DNS).

197-11-736 Determination of significance (DS).

197-11-738 EIS.

197-11-740 Environment.

197-11-742 Environmental checklist.

197-11-744 Environmental document.

197-11-746 Environmental review.

197-11-748 Environmentally sensitive area.

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. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.280 Compliance with SEPA – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, by reference, as supplemented in this chapter:

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 Determination of 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. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)

18.06.290 Environmentally sensitive areas.*

Reserved.

*See Chapter 18.12 EWMC, Critical Areas.

18.06.300 Fees.

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

A. Threshold Determination. For every environmental checklist and revised environmental checklist the city reviews when it is lead agency, the city shall collect a nonrefundable fee from the proponent of the proposal before it undertakes the threshold determination. The city council shall set the amount of the nonrefundable fee for a threshold determination by resolution. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of fees. When the city assists the applicant or completes the environmental checklist at the applicant’s request or under EWMC 18.06.120(E), the city shall collect an additional fee equal to the estimated actual cost of providing the assistance.

B. Environmental Impact Statement.

1. When the city is the lead agency for a proposal requiring an EIS and the responsible official determines that city employees shall prepare the EIS, the city shall charge and collect a reasonable fee from any applicant to cover costs, including overhead, the city incurs in preparing the EIS. The responsible official shall advise the applicant of the projected costs for the EIS prior to actual preparation.

2. 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 consultants shall be selected by the city.

3. 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 (B)(1) or (2) of this section which remain after incurred costs, including overhead, are paid.

C. The city shall collect a nonrefundable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal. The city council shall set the amount of the nonrefundable fee by resolution.

D. 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, as now existing or hereinafter amended.

E. If review of the application involves scientific, technical or specialized knowledge beyond the capabilities of city staff, the city may hire experts to review the application and shall charge the applicant for such expense. (Ord. 22-21 § 5 (Exh. A), 2022; Ord. 07-11 § 10, 2007; Ord. 90-5 § 2 Exh. A, 1992)

18.06.310 Forms – Adoption by reference.

The city adopts the following forms and sections of Chapter 197-11 WAC, as now existing or hereafter amended, by reference:

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. 22-21 § 5 (Exh. A), 2022; Ord. 90-5 § 2 Exh. A, 1992)