Chapter 14.05 CONSISTENCY WITH DEVELOPMENT REGULATIONS AND SEPA

Chapter 14.05
CONSISTENCY WITH DEVELOPMENT REGULATIONS AND SEPA

Sections:

14.05.010 Determination of consistency.

A. Purpose. When the city receives a project permit application, consistency between the proposed project and the applicable regulations and the comprehensive plan should be determined through this title and through Chapter 17.04 FMC.

B. Consistency. During project permit application review, the city shall determine if the application is consistent with the city’s development regulations and comprehensive plan as to the following:

1. The type of land use is permitted at the site, including conditional uses if criteria for approval have been satisfied;

2. The density of the development, in units per acre, floor area ratios, or other appropriate measures;

3. Available and adequacy of infrastructure and public facilities identified in the comprehensive plan, if the plan or development regulations provide for funding of those facilities;

4. Applicable development standards. (Ord. 1227 § 30, 1996).

14.05.020 Initial SEPA analysis.

A. The city shall also review the project permit application under the requirements of Chapter 17.04 FMC, the SEPA Rules, Chapter 197-11 WAC, and the State Environmental Policy Act, Chapter 43.21C RCW, and shall:

1. Determine whether the applicable regulations require studies that adequately analyze all of the project permit application’s specific probably adverse environmental impacts;

2. Determine if the applicable regulations require measures that adequately address such environmental impacts;

3. Determine whether additional studies are required and/or whether the project permit applications should be conditioned with additional mitigation measures;

4. 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 at the plan or development regulation level.

B. 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, or in other applicable local, state, or federal laws provide adequate analysis of and mitigation for the specific adverse environmental impacts.

C. If the city bases or conditions its approval of the project permit application on compliance with the requirements or mitigation measures described in subsection (A) of this section, the city shall not impose additional mitigation measures under SEPA during project review unless further information becomes available that was not known to the environmental officer at the time of approval of the initial conditions.

D. A comprehensive plan, development regulation, or other applicable local, state, or federal law may be deemed to provide adequate analysis and mitigation for the specific adverse environmental impacts of an application when the city has designated as acceptable certain levels-of-service and the proposal will not result in service below the designated level.

E. In its decision whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction and 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.

F. Nothing in this section limits the authority of the city in its review and mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws.

G. During environmental review, the city shall not reexamine alternatives to or hear appeals on the items identified in FMC 14.05.010 except for issues of code interpretation. Project review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, storm drainage, the payment of impact fee, or other measures to mitigate a proposals probable adverse environmental impacts.

H. The director is responsible for code interpretation. In the event that there is an issue regarding the interpretation of a code section, the director shall make the interpretation and prepare a written summary of his decision. (Ord. 1227 § 31, 1996).

14.05.030 Categorically exempt actions.

Actions that are categorically exempt from SEPA do not require environmental review or the preparation of an environmental impact statement. An action that is categorically exempt in accordance with Chapter 17.04 FMC cannot be conditioned or denied under SEPA. (Ord. 1227 § 32, 1996).