Chapter 22.82
CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS

Sections:

22.82.010    Purpose of this chapter and adoption of WAC sections by reference.

22.82.020    Flexible thresholds for categoricalexemptions.

22.82.030    Use of exemptions.

22.82.040    Environmental checklist.

22.82.050    Mitigated DNS.

22.82.010 Purpose of this chapter and adoption of WAC sections by reference.

This chapter contains the rules for deciding whether a proposal has a probable significant, adverse environmental impact requiring an environmental impact statement (EIS) to be prepared. This chapter also contains rules for evaluating the impacts of proposals not requiring an EIS. The city adopts the following sections by reference, as supplemented in this chapter:

WAC

(Statutory authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), WAC 173-806-065, filed 6/15/84. Formerly WAC 173-805-020.) (Ord. 1206 § 4, 1998).

22.82.020 Flexible thresholds for categorical
exemptions.

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

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

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

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

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

(5) For landfills and excavations in WAC 197-11-800(1)(b)(v), up to 100 cubic yards.

(b) Whenever the city establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington, 98504, under WAC 197-11-800(1)(c). (Statutory authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), WAC 173-806-070, filed 6/15/84. Formerly Chapter 173-805 WAC.) (Ord. 1206 § 4, 1998).

22.82.030 Use of exemptions.

(a) Each department within the city that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal shall determine whether the license and/or the proposal is exempt. The department’s 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 apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal.

(b) In determining whether or not a proposal is exempt, the department 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 nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department’s 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 title 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 alternatives;

(2) A department 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; and

(3) A department may withhold approval of exempt actions 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. (Statutory authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), WAC 173-806-080, filed 6/15/84. Formerly WAC 173-805-060.) (Ord. 1206 § 4, 1998).

22.82.040 Environmental checklist.

(a) A completed environmental checklist (or a copy), 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 exempted in this chapter; except, a checklist is not needed if the city and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The city shall use the environmental checklist to determine the lead agency and, if the city is the lead agency, for determining the responsible official and for making the threshold determination.

(b) For private proposals, the city will require the applicant to complete the environmental checklist, providing assistance as necessary. Where an expanded checklist is required by the city, technical studies shall be prepared under the direction of the responsible official. If the studies are prepared by a consultant, selection shall be by mutual agreement of the city and applicant, and the consultant may be managed by the city at the city’s sole discretion. For city proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

(c) The city may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either 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 inaccurate information on previous proposals or on proposals currently under consideration.

(d) For projects submitted as planned actions under WAC 197-11-164, the city shall use its existing environmental checklist form or may modify the environmental checklist form as provided in WAC 197-11-315. If a modified form is prepared, it must be sent to the Department of Ecology to allow at least a 30-day review prior to use. The city shall:

(1) Develop a modified environmental checklist form and adopt it along with or as part of a planned action ordinance; or

(2) Develop a modified environmental checklist form and send it to the Department of Ecology to allow at least a 30-day review prior to use. (RCW 43.21C.130. 84-13-036 (Order DE 84-25), WAC 173-806-090, filed 6/15/84. Formerly WAC 173-805-090.) (Ord. 1206 § 4, 1998).

22.82.050 Mitigated DNS.

(a) As provided in this section and in WAC 197-11-350, the responsible official may issue a 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 DS is likely under WAC 197-11-350. 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 should respond to the request for early notice within 20 working days. The response shall:

(1) Be written;

(2) State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the city to consider a DS; and

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

(d) As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

(e) When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the city shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 days of receiving the changed 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 under WAC 197-11-340(2).

(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. For example, proposals to “control noise” or “prevent stormwater runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot stormwater retention pond at Y location” are adequate.

(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.

(f) 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.

(g) Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit 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.

(h) 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) (withdrawal of DNS).

(i) 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 clarifications 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. (Statutory authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), WAC 173-806-100, filed 6/15/84. Formerly Chapter 173-805 WAC.) (Ord. 1206 § 4, 1998).