Chapter 14.10 SEPA

(1) The city of Forks adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, as amended by the Legislature in 1996, and the SEPA rules found at WAC 197-11-904.

(2) This chapter contains the city’s SEPA procedures and policies.

(3) The SEPA rules, Chapter 197-11 WAC, must be used in conjunction with this chapter. (Ord. 449 § 2, 1998)

14.10.020 Designation of responsible official.

Pursuant to WAC 197-11-788, the city hereby designates the city planner as the responsible official for the city of Forks for SEPA actions. While departments may utilize the authority provided within this revised chapter, such authority should be utilized after consultation with the responsible official. (Ord. 449 § 3, 1998)

14.10.030 General requirements – Purpose of this part and adoption by reference.

This part contains the basic requirements that apply to the SEPA process. The city adopts the following sections of Chapter 197-11 WAC by reference:

WAC

197-11-040 Definitions.

197-11-050 Lead agency.

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.

197-11-158 GMA project review – Reliance on existing plans, laws, and regulations.

197-11-210 SEPA/GMA integration.

197-11-220 SEPA/GMA definitions.

197-11-228 Overall SEPA/GMA integration procedures.

197-11-230 Timing of an integrated GMA/SEPA process.

197-11-232 SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping.

197-11-235 Documents.

197-11-250 SEPA/Model Toxic Control Act integration.

197-11-253 SEPA lead agency for MTCA actions.

197-11-256 Preliminary evaluation.

197-11-259 Determination of nonsignificance for MTCA remedial actions.

197-11-262 Determination of significance and EIS for MTCA remedial actions.

197-11-265 Early scoping for MTCA remedial actions.

197-11-268 MTCA interim actions.

(Ord. 449 § 4(A), 1998)

14.10.040 Additional definitions.

In addition to those definitions contained within WAC 197-11-700 through 197-11-799 and 197-11-220, when used in this chapter, the following terms shall be the following meanings, unless the context indicates otherwise:

(1) "Department" means any division subdivision or organizational unit of the city established by ordinance, rule, or order.

(2) "SEPA rules" means Chapter 197-11 WAC adopted by the Department of Ecology.

(3) "Ordinance" means the ordinance, resolution, or other procedure used by the city to adopt regulatory requirements.

(4) "Early notice" means the city response to an applicant stating whether it considers issuance of determination of significance likely for the applicant’s proposal (mitigated determination of nonsignificance (DNS) procedures). (Ord. 449 § 4(B), 1998)

14.10.050 Lead agency determination and responsibilities.

(1) The department within the city 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, 197-11-253, and 197-11-922 through 197-11-940; unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency. In most cases, the department discussed herein will be the city attorney/planner.

(2) When the city is the lead agency for a proposal, the department receiving the application shall determine the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary shall supervise preparation of the EIS. In most cases, the department discussed herein will be the city attorney/planner.

(3) When the city is not the lead agency for a proposal, all departments of the city shall use and consider, as appropriate, either the DNS or the final 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 required under WAC 197-11-600. In some cases, the city may conduct supplemental environmental review under WAC 197-11-600.

(4) 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 197-11-253 or 197-11-922 through 197-11-940, it may object to the determination. Any objection must made to the agency originally making the determination and 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 any department head in coordination with the city attorney/planner.

(5) Departments of the city are authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.

(6) Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal. In most cases, the department discussed herein will be the city attorney/planner.

(7) When the city is lead agency for a MTCA remedial action, the Department of Ecology shall be provided an opportunity under WAC 197-11-253(5) to review the environmental documents prior to public notice being provided. If the SEPA and MTCA documents are issued together with one public comment period under WAC 197-11-253(6), the city shall decide jointly with Ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency. (Ord. 449 § 4(C), 1998)

14.10.060 Transfer of lead agency status to a state agency.

For any proposal for a private project where the city would be the lead agency and for which one or more state agencies have jurisdiction, the city’s responsible official may elect to transfer the lead agency duties to a state agency. The state agency with jurisdiction appearing first on the priority listing in WAC 197-11-936 shall be the lead agency and the city shall be an agency with jurisdiction. To transfer lead agency duties, the city’s responsible official must transmit a notice of the transfer together with any relevant information available on the proposal to the appropriate state agency with jurisdiction. The responsible official of the city shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. (Ord. 449 § 4(D), 1998)

14.10.070 Additional timing considerations.

For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the city’s staff recommendation to any appropriate advisory body, such as the planning commission. (Ord. 449 § 4(E), 1998)

14.10.080 Categorical exemptions and threshold determinations – Purpose of this part and adoption by reference.

This part 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 part 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 part:

WAC

197-11-300 Purpose of this part.

197-11-305 Categorical exemptions.

197-11-310 Threshold determination required.

197-11-315 Environmental checklist.

197-11-330 Threshold determination process.

197-11-335 Additional information.

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

197-11-350 Mitigated DNS.

197-11-355 Optional DNS process.

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

197-11-390 Effect of threshold determination.

(Ord. 449 § 5(A), 1998)

14.10.090 Flexible thresholds for categorical exemptions.

(1) The city established the following exempt levels for minor new construction pursuant to WAC 197-11-800(1)(b) based upon local conditions; provided, that none of the construction projects exempted below do not require a special or conditional use permit:

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

(b) For agricultural structures in WAC 197-11-800(1)(b)(ii) up to 30,000 square feet;

(c) For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iii) up to 6,000 square feet and up to 30 parking spaces;

(d) For parking lots in WAC 197-11-800(1)(b)(iv) up to 30 parking spaces;

(e) For land fills and excavations in WAC 197-11-800(1)(b)(v) up to 500 cubic yards.

(2) Whenever the city established 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). (Ord. 449 § 5(B), 1998)

14.10.100 Use of exemptions.

(1) 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.

(2) 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.

(3) 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:

(a) The city shall not give authorization for:

(i) Any nonexempt land use action, to include but not limited to actions within critical areas, actions requiring a special or conditional use permit, and similar type activities;

(ii) Any action that would have an adverse environmental impact;

(iii) Any action that would limit the choice of alternatives.

(b) 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

(c) 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 actions were not approved. (Ord. 449 § 5(C), 1998)

14.10.110 Environmental checklist.

(1) Except as provided in subsection (4) of this section, 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 competed, 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.

(2) For private proposals, the city will require the applicant to complete the environmental checklist, providing assistance as necessary. For city proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

(3) 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:

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

(b) The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.

(4) For projects submitted as planned actions under WAC 197-11-164, the city shall use the environmental checklist form noted above or may modify the environmental checklist form as provided in WAC 197-11-315. The modified environmental checklist form may be prepared and adopted along with or as part of a planned action ordinance, or developed after the ordinance is adopted. In either case, a proposed modified environmental checklist form must be sent to the Department of Ecology to allow at least a 30-day review prior to use. (Ord. 449 § 5(D), 1998)

14.10.120 Mitigated DNS.

(1) 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.

(2) An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:

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

(b) Precede the city’s actual threshold determination for the proposal.

(3) The responsible official should respond to the request for early notice within 10 working days. The response shall:

(a) Be written;

(b) 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

(c) 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.

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

(5) 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:

(a) 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).

(b) 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.

(c) The applicant’s proposed mitigation measures (clarifications, changes or conditions) must in writing and must be specific. For example, proposals to "control noise" or "prevent stormwater runoff" are inadequate, where proposals to "muffle machinery to X decibel" or "construct 200-foot stormwater retention pond at Y location" are adequate.

(d) 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.

(6) A mitigated DNS is issued under WAC 197-11-340(2), requiring a 14-day comment period and public notice.

(7) 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.

(8) 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).

(9) The city’s written response and subsection (2) 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. (Ord. 449 § 5(E), 1998)

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

This part contains rules for preparing environmental impact statements. The city adopts the following sections by reference, as supplemented in this part:

WAC

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 (optional).

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. 449 § 6(A), 1998)

14.10.140 Preparation of EIS – Additional considerations.

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

(2) The DEIS and FEIS or draft and final SEIS shall be prepared by the city staff, the applicant, or by a consultant selected by the city or the applicant. 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 DEIS and FEIS prior to distribution.

(3) The city may require an applicant to provide information the city does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. This does not apply to information that the city may request under other existing ordinances or statutes. (Ord. 449 § 6(B), 1998)

14.10.150 Commenting – Adoption by reference.

This part contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The city adopts the following sections by reference, as supplemented in this part:

WAC

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.

197-11-510 Public notice.

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. 449 § 7(A), 1998)

14.10.160 Public notice.

(1) 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.

(2) 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 public notice as follows:

(a) If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due.

(b) If an environmental document is issued concurrently with the notice of application, the public notice requirements for the notice of application in RCW 36.70B.110(4) (see reg reform ordinance) will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1).

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

(i) Posting the property, for site-specific proposals;

(ii) Publishing notice in the journal of record for the city;

(iii) Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered; and

(iv) Submitting notice for inclusion in the SEPA register.

(d) 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.

(3) If a DNS is issued using the optional DNS process, the public notice requirements for a notice of application in RCW 36.70B.110(4) as supplemented by the requirements in WAC 197-11-355 will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1)(b).

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

(a) Indicating the availability of the DEIS in any public notice required for a nonexempt license;

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

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

(e) Submission for publication in the SEPA register.

(5) Public notice for projects that qualify as planned actions shall be tied to the underlying permit as specified in WAC 197-11-172(3).

(6) The city may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. (Ord. 449 § 7(B), 1998)

14.10.170 Using existing environmental documents – Purpose of this part and adoption by reference.

This part contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the city’s own environmental compliance. The city adopts the following sections by reference:

WAC

197-11-164 Planned actions – Definition and criteria.

197-11-168 Ordinances or resolutions designating planned actions – Procedures for adoption.

197-11-172 Planned actions – Project review.

197-11-600 When to use existing 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. 449 § 8, 1998)

14.10.180 SEPA and agency decisions – Purpose of this part and adoption by reference.

This part contains rules and policies for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. The city adopts the following sections by reference:

WAC

197-11-650 Purpose of this part.

197-11-655 Implementation.

197-11-660 Substantive authority and mitigation.

197-11-680 Appeals.

(Ord. 449 § 9(A), 1998)

14.10.190 Substantive authority.

(1) The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city of Forks.

(2) The city may attach conditions to a permit or approval for a proposal so long as:

(a) Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and

(b) Such conditions are in writing; and

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

(e) Such conditions are based on one or more policies in subsection (4) of this section and cite in the license or other decision document.

(3) The city may deny a permit or approval for a proposal on the basis of SEPA so long as:

(a) A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this chapter; and

(b) A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

(c) The denial is based on one or more policies identified in subsection (4) of this section and identified in writing in the decision document.

(4) The city designates and adopts by reference the following policies as the basis for the city’s exercise of authority pursuant to this section:

(a) The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:

(i) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

(ii) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

(iii) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

(iv) Preserve important historic, cultural, and natural aspects of our national heritage;

(v) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

(vi) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and

(vii) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

(b) The city recognizes that a person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

(c) The city adopts by reference the policies in the following city codes, ordinances, resolutions, and plans: Forks urban growth area comprehensive plan, Forks zoning code, Forks development regulation ordinance, Uniform Building Codes as adopted by the Forks subdivision ordinance, Forks critical area ordinances, and/or Forks sign. (Ord. 449 § 9(B), 1998)

14.10.200 Appeals.

The city establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:

(1) Any agency or person may appeal the city’s procedural compliance with Chapter 197-11 WAC for issuance of the following:

(a) A final DNS. Appeal of the DNS determination must be made to the city council, by submitting a written request for an appeal with substantive reasons for the appeal, within 14 days of the date DNS determination is made. If no appeals are made, the DNS determination shall be considered final by the applicant.

(b) A DS. The appeal must be made to city council, by submitting a written request for an appeal with substantive reasons for the appeal, within 14 days of the date of DS determination. If no appeals are made, the DS determination shall be considered final by the applicant.

(c) An EIS. Appeal of the city’s substantive determination on the EIS must be made to city council, by submitting a written request for an appeal with substantive reasons for the appeal, within 14 days of the date determination is made. If no appeals are made, the determination shall be considered final by the applicant.

(2) Appeals shall be heard by the city council acting in a quasi-judicial capacity. Prior to hearing the appeal, the mayor shall ascertain as to whether there are any conflicts of interest amongst the council, or if any ex parte contacts have occurred. Those having conflicts of interest shall be excused from the proceeding.

Those having ex parte contacts shall disclose those on the record prior to the commencement of the hearing. Such a disclosure shall include the time, nature and individual with whom the council member had the contact. Unless objected to by the applicant or the appellant, the individual shall remain a member of the appellate body. If objected to, the member may be excused; provided, that sufficient numbers of the council remain to conduct business. If the excusing of those with ex parte contacts, after the exclusion of members with conflicts of interest, would result in a lack of a quorum, the member shall remain and participate in the proceeding out of necessity.

After the above has been done, the hearing will begin and the following agenda shall be utilized:

(a) Staff report;

(b) Appellant’s basis for the appeal and testimony;

(d) Public comment, if any;

(e) Questions of appellant, respondent, and/or public by the council.

Once the council’s questions have been answered, the mayor shall move the hearing into deliberations. During deliberations of the council, the council may ask questions of those present. The council shall render its decision within 21 days of the close of the hearing.

An appeal of a SEPA decision may be consolidated with any other appeals on the project; provided, that the request for such a combined appeal process is made by the appellant within the timelines specified by the applicable ordinances. If a difference in the timeline for various appeals exists, the city shall follow the timeline that ensures that sufficient notice is given for the appeal.

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

(a) Findings and conclusions;

(b) Testimony under oath; and

(4) The city may require the appellant to provide an electronic transcript.

(5) The procedural determination by the city’s responsible official shall carry substantial weight in any appeal proceeding. (Ord. 449 § 9(C), 1998)

14.10.210 Definitions – Purpose of this part and adoption by reference.

This part contains uniform usage and definitions of terms under SEPA. The city adopts the following sections by reference, as supplemented by WAC 173-806-030:

WAC

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.

197-11-750 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. 449 § 10, 1998)

14.10.220 Categorical exemptions – Purpose of this part and adoption by reference.

The city adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including WAC 173-806-070 (Flexible thresholds), WAC 173-806-080 (Use of exemptions), and WAC 173-806-190 (Critical areas):

WAC

197-11-800 Categorical exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to change exemptions.

(Ord. 449 § 11, 1998)

14.10.230 Agency compliance – Purpose of this part and adoption by reference.

This part contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating categorical exemptions that do not apply within critical areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The city adopts the following sections by reference:

WAC

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 Determining 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. 449 § 12(A), 1998)

14.10.240 Critical areas.

(1) Pursuant to WAC 197-11-908, the city has selected certain categorical exemptions that will not apply in one or more critical areas identified in the critical areas ordinances required under RCW 36.70A.060. The following activities are not categorically exempt from SEPA review, see WAC 197-11-908 in conjunction with WAC 197-11-800, in any critical area; provided, that compliance with all other aspects of the critical area ordinance occurs:

(a) Construction of any new residential structures, WAC 197-11-800(1)(b)(i).

(b) Construction of an office, school, commercial, recreational, service or storage building with 4,000 square feet of gross floor area, and with associated parking facilities designed for 20 automobiles, WAC 197-11-800(1)(b)(ii).

(d) Installation of impervious underground tanks, having a capacity of 10,000 gallons or less, WAC 197-11-800(2)(g).

(2) The scope of environmental review of actions within these areas shall be limited to:

(a) Documenting whether the proposal is consistent with the requirements of the critical areas ordinance; and

(b) Evaluating potentially significant impacts on the critical area resources not adequately addressed by GMA planning documents and development regulations if any, including any additional mitigation measures needed to protect the critical areas in order to achieve consistency with SEPA and with other applicable environmental review laws.

(3) All categorical exemptions not listed in subsection (1) of this section apply whether or not the proposal will be located in a critical area. (Ord. 449 § 12(B), 1998)

14.10.250 Fees.

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

(1) Threshold Determinations. For every environmental checklist for which the city is the lead agency, or the requesting agency, the city shall collect a fee of $150.00 from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee.

(2) Environmental Impact Statement.

(a) When the city is the lead agency, or the requesting agency, for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred by the city in preparing the EIS. The responsible official shall advise the applicant of the projected costs for the EIS prior to actual preparation, and the applicant shall post bond or otherwise ensure payment of such costs.

(b) 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. The city shall require that the applicant post bond or otherwise ensure payment of such costs via contractual obligation. Such consultants shall be selected by mutual agreement of the city and the applicant from the city’s short list for professional engineering services. Certification that payment has occurred by the applicant shall be a condition of obtaining any and all permits for the proposal.

(c) If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsection (2)(a) or (b) of this section which remain after incurred costs have been paid. (Ord. 449 § 12(C), 1998)

14.10.260 Forms – Adoption by reference.

The city adopts the following forms and sections by reference:

WAC

197-11-960 Environmental checklist.

197-11-965 Adoption notice.

197-11-970 Determination of nonsignificance (DNS).

197-11-980 Determination of significance (DS) and scoping notice.

197-11-985 Notice of assumption of lead agency status.

197-11-990 Notice of action.

(Ord. 449 § 13, 1998)