Chapter 16.04
ENVIRONMENTAL POLICY
Sections:
16.04.010 State provisions adopted.
16.04.040 Designation of responsible official – WAC 173-806-040.
16.04.050 Lead agency determination and responsibilities – WAC 173-806-050(4).
16.04.060 Transfer of lead agency status to a state agency – WAC 173-806-053.
16.04.070 Additional considerations in time limits applicable to the SEPA process – WAC 173-806-055.
16.04.080 Additional timing considerations – WAC 173-806-058.
16.04.090 Flexible thresholds for categorical exemptions – WAC 173-806-070.
16.04.100 Environmental checklist – WAC 173-806-090.
16.04.110 Mitigated DNS – WAC 173-806-100(3).
16.04.120 Additional elements to be covered in an EIS – WAC 173-806-125.
16.04.130 Public notice – WAC 173-806-130.
16.04.150 Substantive authority – WAC 173-806-160.
16.04.160 Repealed.
16.04.170 Notice/statute of limitation – WAC 173-806-173.
16.04.190 Fees – WAC 173-806-200.
16.04.010 State provisions adopted.
There is adopted to be effective for all actions subject to the State Environmental Policy Act within the city, Chapter 173-806 WAC, the Model State Environmental Policy Act Ordinance, subject to the terms, conditions, and options selected in this chapter. (Ord. 323 § 1, 1984)
16.04.020 Applicability.
A. Where a Washington Administrative Code section is cited in this chapter, the option adopted by the city shall be as stated in this chapter.
B. For sections of Chapter 173-806 WAC not cited, this chapter shall be considered to be adopted in total as stated in the model ordinance without further reference in this chapter. (Ord. 323 § 2, 1984)
16.04.030 Authority.
A. WAC 173-806-010 is adopted as follows: The city adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904.
B. This chapter contains the city’s SEPA procedures and policies.
C. The SEPA rules, Chapter 197-11 WAC, shall be used in conjunction with this chapter. (Ord. 323 § 3, 1984)
16.04.040 Designation of responsible official – WAC 173-806-040.
For proposals for which the city is the lead agency, the responsible official shall be the official primarily responsible for review of the action proposed, or such other official directed by the city administrator. (Ord. 622 § 1, 1995; Ord. 323 § 4, 1984)
16.04.050 Lead agency determination and responsibilities – WAC 173-806-050(4).
Any petition to be initiated pursuant to said section may be initiated by the building inspector or the city council. (Ord. 323 § 5, 1984)
16.04.060 Transfer of lead agency status to a state agency – WAC 173-806-053.
This section is adopted in total. (Ord. 323 § 6, 1984)
16.04.070 Additional considerations in time limits applicable to the SEPA process – WAC 173-806-055.
This provision, optional for the city, is not adopted. (Ord. 323 § 7, 1984)
16.04.080 Additional timing considerations – WAC 173-806-058.
This section is adopted as follows:
A. For nonexempt proposals, the DNS (determination of nonsignificance), a draft EIS (environmental impact statement), or final EIS for the proposal may accompany the city staff recommendation to any appropriate advisory body, such as the planning commission.
B. 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. (Ord. 323 § 8, 1984)
16.04.090 Flexible thresholds for categorical exemptions – WAC 173-806-070.
This section is not adopted. (Ord. 323 § 9, 1984)
16.04.100 Environmental checklist – WAC 173-806-090.
This section, optional in part, is adopted as follows:
A. Option 1 of Section (1) is adopted.
B. Section (2) is mandatory.
C. Section (3) is adopted. (Ord. 323 § 10, 1984)
16.04.110 Mitigated DNS – WAC 173-806-100(3).
Fifteen working days shall be required by the responsible official to respond pursuant to WAC 173-806-100(3). (Ord. 323 § 11, 1984)
16.04.120 Additional elements to be covered in an EIS – WAC 173-806-125.
This section is not adopted. (Ord. 323 § 12, 1984)
16.04.130 Public notice – WAC 173-806-130.
A. The “City of Lake Forest Park” shall be inserted in Section (1).
B. For purposes of notice as required under Section (2)(b), notice shall be given as stated in Section (2)(b)(i), posting the property, for site-specific proposals.
C. For Section (2) regarding notice of availability of documents, said notice shall be given by posting the property for site-specific proposals. (Ord. 323 § 13, 1984)
16.04.140 Designation of official to perform consulted agency responsibilities for the city – WAC 173-806-140.
The city official primarily responsible for review of the project under consideration or such other official designated by the city administrator shall be the responsible official for the duties of this section. (Ord. 622 § 2, 1995; Ord. 323 § 14, 1984)
16.04.150 Substantive authority – WAC 173-806-160.
A. WAC 173-806-160 entitled “Substantive Authority” is adopted in its entirety.
B. In accordance with Section 4(c), the following codes, ordinances, resolutions and plans are adopted as additional authority to condition, deny or amend an action:
1. The comprehensive plan;
2. The zoning code;
3. The goals, policies and standards adopted by the city council;
4. Any ordinances or resolutions governing sensitive areas, water quality standards, flood control requirements;
5. Any other goal, policy, standard or requirement governing or relating to land use regulation and control. (Ord. 622 § 3, 1995; Ord. 499 § 3, 1992; Ord. 353 § 2, 1986; Ord. 323 § 15, 1984)
16.04.160 Appeals – WAC 173-806-170.
Repealed by Ord. 768. (Ord. 590 § 1, 1994; Ord. 353 § 1, 1986; Ord. 323 § 16, 1984)
16.04.170 Notice/statute of limitation – WAC 173-806-173.
Section (1) is adopted. (Ord. 323 § 17, 1984)
16.04.190 Fees – WAC 173-806-200.
The following fees are established:
A. Threshold determination, as established periodically by city council resolution. No additional fee shall be collected for the threshold determination after completion of said determination.
B. Environmental Impact Statement.
1. Subsection (2)(a), (b) and (c) are adopted in total;
2. Subsection (3) is adopted in total;
3. Subsections (4) and (5) are adopted as stated.
C. The fee for a shoreline substantial development permit shall be as established periodically by city council resolution. (Ord. 787 § 1, 1999; Ord. 439 §§ 20, 23, 1989; Ord. 326 § 7, 1984; Ord. 323 § 19, 1984)