20F.20.40 Environmental Review.

20F.20.40-010 Purpose.

The purposes of these procedures are:

(1) To encourage productive and enjoyable harmony between people and their environment;

(2) To promote efforts that will prevent or eliminate damage to the environment and biosphere;

(3) To stimulate the health and welfare of people;

(4) To enrich the understanding of ecological systems and natural resources that are important to the City of Redmond, the State of Washington, and the nation;

(5) To establish procedures to implement the provisions of Chapter 43.21C RCW, the State Environmental Policy Act, and Chapter 197-11 WAC, SEPA Rules;

(6) To provide environmental information to City decision-makers;

(7) To create a process that is efficient and effective;

(8) To promote certainty with respect to the requirements of SEPA and to integrate SEPA procedures with decision-making. (Ord. 2118)

The City of Redmond hereby establishes these procedures to implement the State Environmental Policy Act, herein referred to as “SEPA”, Chapter 43.21C RCW, consistent with those rules under Chapter 197-11 WAC. The procedures are promulgated under WAC 197-11-020(1), which states: “Each agency must have its own SEPA procedures consistent with” Chapter 197-11 WAC and Chapter 43.21C RCW. Consistent with WAC 197-11-020(3), these provisions, Chapter 197-11 WAC, and Chapter 43.21C RCW must be read together as a whole to comply with the spirit and letter of the law. (Ord. 2118)

20F.20.40-030 Policy.

The City of Redmond adopts WAC 197-11-030, as now existing or hereinafter amended, by reference, subject to the following:

(1) Under WAC 197-11-030(1) and (2), the terms “agency” and “agencies” shall include the City of Redmond and its respective departments.

(2) Under WAC 197-11-030(2)(a), the text is revised to:

Interpret and administer the policies, regulations, and laws of the State of Washington and applicable ordinances and resolutions of the City of Redmond in accordance with the policies set forth in RCW 43.21C and WAC 197-11.

(Ord. 2118)

20F.20.40-040 Definitions.

Terms defined under Chapter 20A.20 RCDG shall apply to this chapter, subject to the following:

(1) Terms Undefined by Chapter 20A.20 RCDG. Where Chapter 20A.20 RCDG does not define terms, the City of Redmond adopts those definitions under WAC 197-11-040, 197-11-220, and 197-11-700 through 197-11-799, as existing and as hereafter amended.

(2) Resolving conflicts between Chapter 20A.20 RCDG and SEPA Definitions. Where a conflict exists between those terms under RCDG 20A.20 and WAC 197-11-040 and 197-11-700 through 197-11-799, the more specific definition that meets the minimum standards and spirit of Chapter 197-11 WAC shall apply. (Ord. 2118)

20F.20.40-050 Forms.

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

WAC

197-11-960 Environment 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. 2118)

20F.20.40-060 Lead Agency.

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

(1) WAC 197-11-050;

(2) WAC 197-11-922 through 197-11-948. (Ord. 2118)

20F.20.40-070 Responsible Official.

For those proposals for which the City is a lead agency, the responsible official shall be the City of Redmond Technical Committee as defined in RCDG 20F.50.25, Technical Committee. For all proposals for which the City is a lead agency, the Technical Committee shall make the threshold determination, supervise scoping and preparation of any required 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. 2118)

20F.20.40-080 Purpose and General Requirements.

The City of Redmond adopts WAC 197-11-055 through 197-11-100, as now existing or hereinafter amended, by reference, subject to the following:

(1) Analyzing Similar Actions in a Single Document. The City adopts the optional provision of WAC 197-11-060(3)(c).

(2) Time Guidelines. Under 197-11-055(2)(b), the responsible official will make a threshold determination within 90 days of determining that a completed application has been submitted, consistent with WAC 197-11-055(2)(d), subject to:

(a) The calculation of the number of days in subsection (2)(b) of this section shall not include those days between the mailing of any request for additional information and re-submittal.

(b) The responsible official shall not make a threshold determination when there is not adequate information to make a threshold determination within 90 days. When there is not adequate information to make a determination at the end of 90 days, the responsible official shall notify the applicant in writing regarding the information required to make a threshold determination.

(3) Content of SEPA Checklist – Responsibility. The applicant shall prepare the initial environmental checklist, unless the responsible official specifically elects to prepare the checklist. The responsible official shall make a reasonable effort to verify the information in the checklist and supporting documentation and shall have the authority to determine the final content of the checklist.

(4) Additional Information for SEPA Checklist – Timelines. The responsible official may set reasonable deadlines for the submittal of information, studies, or documents that are necessary for, or subsequent to, threshold determinations. Unless an extension is requested in writing and approved, failure to meet such deadlines shall cause the application to be deemed withdrawn. (Ord. 2118)

20F.20.40-090 Categorical Exemptions, Threshold Determinations, and Enforcement of Mitigating Measures.

The City of Redmond adopts WAC 197-11-300 through 197-11-390, WAC 197-11-800 through 197-11-890, and WAC 197-11-908 as now existing or hereinafter amended, by reference, subject to the following:

(1) Establishment of Thresholds for Categorically Exempt Actions. The following exempt threshold levels are hereby established pursuant to WAC 197-11-800(1)(c) for the exemptions in WAC 197-11-800(1)(b):

(a) The construction or location of any residential structures of less than or equal to 20 dwelling units;

(b) The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering less than or equal to 30,000 square feet, and to be used only by the property owner or his or her agent in the conduct of farming the property. This exemption shall not apply to feed lots;

(c) The construction of an office, school, commercial recreational, service or storage building with less than or equal to 12,000 square feet of gross floor area, and with associated parking facilities designed for less than or equal to 40 automobiles;

(d) The construction of a parking lot designed for less than or equal to 40 automobiles;

(e) Any landfill or excavation of less than or equal to 500 cubic yards throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II, or III forest practice under RCW 76.09.050 or regulations thereunder; provided, that:

(i) The categorical exemption threshold shall be 100 cubic yards for any fill or excavation that is in a sensitive area, and

(ii) If the proposed action is to remove from or replace fill in a sensitive area to correct a violation, the threshold level shall be 500 cubic yards.

(2) Environmentally Sensitive Areas. The Shoreline Environments Map and the Sensitive Areas Maps adopted pursuant to RCDG 20D.140 designate the location of environmentally sensitive areas within the City and are adopted by reference. For each environmentally sensitive area, the exemptions within WAC 197-11-800 that are inapplicable for the area are (1), (2)(d), (2)(e), (6)(a), (24)(a) through (g), and (25)(f)(i). Unidentified exemptions shall continue to apply within environmentally sensitive areas of the City.

(a) Lands Covered by Water. Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped.

(b) Treatment. The City shall treat proposals located wholly or partially within an environmentally sensitive area no differently than other proposals under this chapter, making a threshold determination for all such proposals. The City shall not automatically require an EIS for a proposal merely because it is proposed for location in an environmentally sensitive area.

(3) Responsibility for Determination of Categorical Exempt Status. The determination of whether a proposal is categorically exempt shall be made by the responsible official.

(4) Mitigation Measures. Modifications to a SEPA checklist or other environmental documentation that result in substantive mitigating measures shall follow one of the following processes:

(a) The responsible official may notify the applicant of the requested modifications to the proposal and identify the concerns regarding unmitigated impacts. The applicant may elect to revise or modify the environmental checklist, application, or supporting documentation. The modifications may include different mitigation measures than those requested by the responsible official; however, acceptance of the proposed measures is subject to subsequent review and approval by that body.

(b) The responsible official may make a mitigated determination of nonsignificance (MDNS), identifying mitigating measures. The MDNS may be appealed by the applicant pursuant to RCDG 20F.20.40-170.

(c) The responsible official may identify mitigating measures in a letter and mail that letter to the applicant. In writing, the applicant may acknowledge acceptance of these measures as mitigating conditions. The acknowledgement shall be incorporated into the application packet as supporting environmental documentation or as an addendum to the environmental checklist.

(5) Enforcing Mitigation Measures. Pursuant to WAC 197-11-350(7), the City hereby adopts the following procedures for the enforcement of mitigation measures:

(a) Incorporation of Representations Made by Applicant into MDNS or DNS and Approval. Representations made in the environmental checklist and supporting documentation shall be considered as the foundation of any decision or recommendation of approval of the action. As such, the responsible official relies on this documentation in making a decision on a proposal. Unless specifically revised by the responsible official or applicant, those statements, representations, and mitigating measures contained in the environmental checklist, application, and supporting documentation shall be considered material conditions of any approval. Mitigating measures shall only be included on a DNS under the following circumstances:

(i) When the Redmond Community Development Guide does not provide adequate regulations to mitigate for an identified impact,

AND, when any one of the following circumstances or combination of circumstances exists:

(ii) When such conditions are not specifically written in the environmental checklist, application, or supporting information,

(iii) When the responsible official determines that the proposed conditions or representations contained within that information do not adequately address impacts from a proposal.

(b) Modifications to a Proposal – Responsible Official May Withdraw Threshold Determination. If, at anytime, the proposal or proposed mitigation measures are substantially changed, or if proposed mitigation measures are withdrawn, then the responsible official shall review the threshold determination and, if necessary, may withdraw the threshold determination and issue a revised determination, including a determination of significance (DS), as deemed appropriate.

(c) Enforcement of Mitigation Measures. Mitigation measures that are identified in an environmental checklist, development application, supporting documentation, an EIS or an MDNS shall be considered material conditions of the permit or approval that is issued by the reviewing department. As such, failure to comply with these measures may be enforceable through the enforcement provisions that regulate the proposal. (Ord. 2118)

20F.20.40-100 Planned Actions.

The City of Redmond adopts WAC 197-11-164 through 197-11-172, as now existing or hereinafter amended, by reference. Planned actions shall be adopted by ordinance or resolution following the process established under RCDG 20F.30.50, Type V review. (Ord. 2118)

20F.20.40-110 Environmental Impact Statements and Other Environmental Documents.

The City of Redmond adopts WAC 197-11-400 through 197-11-460 and 197-11-600 through 197-11-640, as now existing or hereinafter amended, by reference, subject to the following:

(1) Pursuant to WAC 197-11-408(2)(a), all comments on a DS and scoping notices shall be in writing, except where a public meeting on EIS scoping occurs pursuant to WAC 197-11-410(1)(b).

(2) Pursuant to WAC 197-11-420, 197-11-620, and 197-11-625, the responsible official shall be responsible for preparation and content of an EIS and other environmental documents. The responsible official shall contract with consultants, as necessary, for the preparation of environmental documents and EISs. The responsible official may consider the opinion of the applicant regarding the qualifications of the consultant, but the responsible official shall retain sole authority for selecting persons or firms to author, co-author, provide special services or otherwise participate in the preparation of required environmental documents.

(3) Consultants or sub-consultants contracted by the City to prepare environmental documents for a private development proposal:

(a) Shall not act as agents for the applicant in preparation or acquisition of associated underlying permits or actions;

(b) Shall not have a financial interest in the proposal for which the environmental documents is being prepared; and

(c) Shall not perform any work nor provide any services for the applicant in connection with or related to the proposal. (Ord. 2118)

20F.20.40-120 Comments and Public Notice.

The City of Redmond adopts WAC 197-11-500 through 197-11-570, as now existing or hereinafter amended, by reference, subject to the following:

(1) Official comments shall be submitted in writing to the contact person on the threshold determination. E-mail comments that are e-mailed to the contact person on the threshold determination may be accepted as official comments.

(2) If required, public notice shall comply with the requirements for the underlying permit as specified in Chapter 20F.30 RCDG.

(3) The responsible official may require further notice if deemed necessary to provide adequate public notice of a pending action. Failure to require further or alternative notice shall not be a violation of any notice procedure. (Ord. 2118)

20F.20.40-130 Use of Existing Environmental Documents.

The City of Redmond adopts WAC 197-11-600 through 197-11-640, as now existing or hereinafter amended, by reference. (Ord. 2118)

20F.20.40-140 Substantive Authority.

(1) The City of Redmond adopts WAC 197-11-650 through 197-11-660, WAC 197-11-900 through 197-11-906, and WAC 197-11-158, as now existing or hereinafter amended, by reference.

(2) For the purposes of RCW 43.21C.060 and WAC 197-11-660(a), the following policies, plans, rules, regulations, and all amendments thereto, are designated as potential bases for the exercise of the City’s substantive authority under SEPA, subject to the provisions of RCW 43.21C.240:

(a) Chapter 43.21C RCW, State Environmental Policy Act;

(b) Six-Year Transportation Improvement Program;

(d) RMC Title 7, Animals;

(e) RMC Title 10, Vehicles and Traffic;

(f) RMC Title 12, Streets and Sidewalks;

(g) RMC Title 13, Water and Sewers;

(h) RMC Title 15, Buildings and Construction;

(i) RMC Title 20, Community Development Guide. (Ord. 2118)

20F.20.40-150 SEPA/GMA Integration.

The City of Redmond adopts WAC 197-11-210 through 197-11-235, as now existing or hereinafter amended, by reference. (Ord. 2118)

20F.20.40-160 Ongoing Actions.

Pursuant to WAC 197-11-916, unless otherwise provided for herein, the provisions of Chapter 197-11 WAC shall apply to all elements of SEPA compliance, including modifying and supplementing an EIS, initiated after the effective date of the ordinance codified in this title. (Ord. 2118)

20F.20.40-170 Responsibility as Consulted Agency.

Pursuant to WAC 197-11-912, all requests from other agencies that the City of Redmond consult on threshold investigations, the scope process, EISs or other environmental documents shall be submitted to the Technical Committee. The Technical Committee shall be responsible for coordination with affected City departments and for compiling and transmitting the City of Redmond’s response to such requests for consultation. (Ord. 2118)

20F.20.40-180 Appeals.

The City of Redmond adopts WAC 197-11-680, with the following clarifications:

(1) Any interested person may appeal a threshold determination, adequacy of a final EIS and the conditions or denials of a requested action made by a nonelected City official pursuant to the procedures set forth in RCDG 20F.30.60, Appeals. No other SEPA appeals shall be allowed.

(2) Notice. Whenever there is a final action by the City Council for which compliance with SEPA is required and for which a statute or ordinance establishes a time limit for commencing judicial appeal, the City shall give official notice as required by WAC 197-11-680(5). (Ord. 2118)