Chapter 19.04 SEPA PROCEDURES AND POLICIES

The city of Snoqualmie, King County, Washington, adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA Rules, WAC 197-11-904.

This chapter contains this city’s SEPA procedures and implements the purposes and policies of SEPA, RCW 43.21C.010 and 43.21C.020, which are adopted by reference.

The ordinance codified in this chapter adopts many of the statewide SEPA rules by reference. The SEPA rules, Chapter 197-11 WAC, should therefore be referred to in conjunction with this chapter. (Ord. 546 § 2, 1985).

19.04.020 Adoption by reference of certain SEPA rules.

The city adopts the following sections or subsections of Chapter 197-11 WAC by reference:

197-11-040 Definitions.

197-11-050 Lead agency.

197-11-055 Timing of the SEPA procedures.

197-11-060 Content of environmental review.

197-11-070 Limitations on action during SEPA process.

197-11-080 Incomplete or unavailable information.

197-11-090 Supporting documents.

197-11-100 Information required of applicants.

(Ord. 546 § 2, 1985).

19.04.030 Additional definitions.

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

A. “Department” means any division, subdivision or organizational unit of the city established by ordinance, rule or order.

B. “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology.

C. “Ordinance” means the ordinance, resolution, or other procedure used by the city to adopt regulatory requirements.

D. “Early notice” means the city’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated DNS procedures).

E. “Director” means the director of community development, or equivalent position. (Ord. 1198 § 23 (Exh. E), 2017; Ord. 546 § 2, 1985).

19.04.040 Designation of responsible official.

For those proposals for which the city is the lead agency, the responsible official shall be the director. For these proposals, the responsible official 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 are adopted by reference in this chapter. (Ord. 1198 § 23 (Exh. E), 2017; Ord. 546 § 2, 1985).

19.04.050 Responsibility of agencies – SEPA public information.

The city shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW. (Ord. 546 § 2, 1985).

19.04.060 Lead agency determination and responsibilities.

A. 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 and WAC 197-11-922 through WAC 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.

B. 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.

C. 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 EIS 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.

D. 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 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolve within 15 days of receipt of the determination, or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-956 within the 15-day time period. Any such petition on behalf of the city may be initiated by the city planning official.

E. 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 agreements must approve the agreement.

F. 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 (that is: which agencies require nonexempt licenses). (Ord. 546 § 2, 1985).

19.04.070 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. 546 § 2, 1985).

19.04.080 Additional consideration of time limits applicable to the SEPA process.

The following time limits (expressed in calendar days) shall apply when the city processes licenses for all private projects and those governmental proposals submitted to the city by other agencies:

A. Categorical Exemptions. The city shall identify whether an action is categorically exempt within 15 days of receiving a completed application.

B. Threshold Determinations.

1. Further Clarification of 15-Day Period for Threshold Determination. The city should complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within 21 days of the date an applicant’s adequate application and completed checklist are submitted.

2. When the responsible official requires further information from the applicant or consultation with other agencies with jurisdiction:

a. The city should request such further information within 15 days of receiving an adequate application and completed environmental checklist;

b. The city shall wait no longer than 21 days for a consulted agency to respond;

c. The responsible official should complete the threshold determination within seven days of receiving the requested information from the application or the consulted agency.

3. When the city must initiate further studies, including field investigations, to obtain the information to make the threshold determination, the city should complete the studies within a reasonable time of receiving an adequate application and a completed checklist.

4. The city shall complete threshold determinations on actions where the applicant recommends in writing that the EIS be prepared, because of the probable significant adverse environmental impact(s) described in the application, within 30 days of receiving an adequate application and completed checklist.

C. Environmental Impact Statements. Environmental impact statements shall be completed within a period to be set by the responsible official not to exceed 180 days, unless the city and the proponent of the action agree in writing to a longer time. The time period allowed for preparation of the environmental impact statement shall be included in the determination of significance. (Ord. 769 § 36, 1996; Ord. 546 § 2, 1985).

19.04.090 Additional timing considerations.

A. For nonexempt proposals, the DNS or draft EIS for the proposal shall accompany the city’s 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. The point at which environmental review may be initiated for specific permits or other licenses requiring detailed project plans and specifications shall be determined by the planning official, depending upon whether he deems the detailed plans necessary to assess the impact of the proposed action. (Ord. 546 § 2, 1985).

Article II. Categorical Exemptions and Threshold Determinations

19.04.100 Adoption by reference.

This article 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 article 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 article:

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.

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

197-11-390 Effect of threshold determination.

(Ord. 1198 § 23 (Exh. E), 2017; Ord. 546 § 2, 1985).

19.04.110 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 12 dwelling units;

2. For agricultural structures in WAC 197-11-800(1)(b)(ii): up to 20,000 square feet;

3. For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iii): up to 10,000 square feet and up to 20 parking spaces;

4. For parking lots in WAC 197-11-800(1)(b)(v): up to 20 parking spaces;

5. For landfills and excavations in WAC 197-11-800(l)(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, under WAC 197-11-300(1)(c). (Ord. 546 § 2, 1985).

19.04.120 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 chapter, 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. (Ord. 546 § 2, 1985).

19.04.130 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. 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. (Ord. 546 § 2, 1985).

19.04.140 Mitigated DNS.

A. As provided in this section and in WAC 197-11-350, the responsible official may issue a determination of nonsignificance (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 15 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 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 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 determination of nonsignificance 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 WAC 197-11-340(2), requiring a 15-day comment period and public notice.

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. (Ord. 1198 § 23 (Exh. E), 2017; Ord. 546 § 2, 1985).

Article III. Environmental Impact Statement (EIS)

19.04.150 Adoption by reference.

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

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.

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. 546 § 2, 1985).

19.04.160 Preparation of EIS – Additional considerations.

A. Preparation of draft and final EISs and SEISs is the responsibility 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.

B. The draft and final EIS or SEIS shall be prepared by 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 draft and final EIS prior to distribution.

C. 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 the city may request under another ordinance or statute). (Ord. 546 § 2, 1985).

19.04.170 Additional elements to be covered in an EIS.

The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under this chapter:

A. Economy;

B. Social policy analysis;

C. Cost-benefit analysis. (Ord. 546 § 2, 1985).

Article IV. Commenting

19.04.180 Adoption by reference.

This article 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 article:

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.

197-11-535 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. 546 § 2, 1985).

19.04.190 Public notice.

A. 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:

1. 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.

2. If no public notice is required for the permit or approval, the city shall give notice of the DNS or DS by:

a. Posting the property, for site-specific proposals;

b. Publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located;

c. Notifying the public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered.

3. 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.

B. Whenever the city issues a draft EIS under WAC 197-11-455(5) or a supplemental EIS under WAC 197-11-620, notice of the availability of those documents shall be given by:

1. Indicating the availability of the DEIS in any public notice required for a nonexempt license;

2. Posting the property, for site-specific proposals;

3. Publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located;

4. Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered.

C. Whenever possible, the city shall instigate 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.

D. The city may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. (Ord. 546 § 2, 1985).

19.04.200 Designation of official to perform consulted agency responsibilities for the city.

A. The planning official shall be responsible for preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping, or reviewing a draft EIS.

B. This planning official shall be responsible for the city’s compliance with WAC 197-11-550 whenever the city is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city. (Ord. 546 § 2, 1985).

Article V. Using Existing Environmental Documents

19.04.210 Adoption by reference.

This article contains rules for using and supplementing existing environmental documents prepared under SEPA or NEPA for the city’s own environmental compliance. The city adopts the following sections by reference:

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. 546 § 2, 1985).

Article VI. Sepa and Agency Decisions

19.04.220 Adoption by reference.

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

197-11-650 Purpose of this part.

197-11-655 Implementation.

197-11-660 Substantive authority and mitigation.

197-11-680 Appeals.

197-11-700 Definitions.

(Ord. 546 § 2, 1985).

19.04.230 Substantive authority.

A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city.

B. The city may attach conditions to a permit or approval for a proposal so long as:

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

2. Such conditions are in writing; and

3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

4. The city has considered whether other local, state or federal mitigations measures applied to the proposal are sufficient to mitigate the identified impacts; and

5. Such conditions are based on one or more policies in subsection D of this section and cited in the license or other decision document.

C. The city may deny a permit or approval for a proposal on the basis of SEPA so long as:

1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final EIS or final supplemental EIS prepared pursuant to this chapter; and

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

3. The denial is based on one or more policies identified in subsection D of this section and identified in writing in the decision document.

D. As a basis for the city’s exercise of authority under this section, the city designates and adopts by reference the following:

1. RCW 43.21C.020(2), providing that 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:

a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

b. Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

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

d. Preserve important historic, cultural and natural aspects of our national heritage;

e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

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

g. Enhance the quality of renewable resource and approach the maximum attainable recycling of depletable resources.

2. RCW 43.21C.020(3), providing that the city recognizes that each persona has a fundamental and inalienable right to a healthful environment and that each persona has a responsibility to contribute to the preservation and enhancement of the environment.

3. RCW 36.70A.050 and 36.70A.060 and WAC 365-190-050 and 365-190-060 to guide the city’s decisions affecting agricultural, forest and mineral resource lands until such time as the city has revised its comprehensive plan and development regulations to address these resource lands.

4. The following city codes, ordinances, resolutions and plans:

a. Snoqualmie vicinity comprehensive plan, and amendments thereto;

b. Comprehensive water plan;

c. Comprehensive sewer plan;

d. Six-year street improvement plan;

e. Snoqualmie shorelines master program;

f. SMC Title 17, Snoqualmie zoning code;

g. Chapter 19.08 SMC, shoreline regulations;

h. Chapter 16.08 SMC, short subdivisions;

i. Chapter 16.12 SMC, binding site improvement;

j. Chapter 12.16 SMC, street design standards;

k. Chapter 15.12 SMC, flood hazard regulations;

l. Chapter 15.04 SMC, adoption of Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, Uniform Abatement of Dangerous Buildings Code and Uniform Fire Code;

m. SMC 15.16.090 and 15.16.100, fire flow requirements;

n. SMC 15.16.010 through 15.16.080, land use certification; and

o. Chapter 19.12 SMC, sensitive areas. (Ord. 666 § 1, 1991; Ord. 663 § 2, 1991; Ord. 635 § 1, 1990; Ord. 546 § 2, 1985).

19.04.235 Appeals.

A. Any agency or person with standing may appeal the following final threshold environmental determinations and final environmental impact statements issued under Chapter 43.21C RCW, Chapter 197-11 WAC and this chapter:

1. Determination of nonsignificance (DNS);

2. Mitigated determination of nonsignificance (MDNS);

3. Determination of significance (DS);

4. Final environmental impact statement (FEIS); or

5. Final supplemental environmental impact statement (FSEIS).

Appeal of intermediate steps under SEPA (e.g., lead agency determination, scoping, issuance of a draft EIS or draft SEIS) shall not be allowed. The hearing examiner shall hear and decide any appeals under this section; an appeal pursuant to RCW 43.21C.060 directly to the city council of a decision by a nonelected official conditioning or denying any permit or action pursuant to SEPA shall not be allowed.

B. An appeal shall be commenced by filing of a notice of appeal with the department of community development no later than 5:00 p.m. on the fourteenth day following the date of issuance of the final threshold environmental determination or final EIS; provided, however, that when a 15-day MDNS comment period is required pursuant to SMC 19.04.140, an appeal may be filed no later than 5:00 p.m. on the twenty-first day following issuance. The notice of appeal must contain the information and be accompanied by the appeal fee required by SMC 2.14.100.

C. Notwithstanding any other section of the Snoqualmie Municipal Code, the hearing examiner shall preside over a single, consolidated open-record hearing. This includes hearings for project permit recommendations or decisions that in the absence of an appeal under this section would otherwise be held before or made by another person or body, such as the community development director or planning commission. If an open-record pre-decision or pre-recommendation hearing is required for a project permit application, the open-record SEPA appeal hearing shall be consolidated with the open-record pre-permit recommendation or decision hearing. If the open-record hearing is required as part of an administrative appeal of a project permit decision, the open-record SEPA appeal hearing shall be consolidated with the open-record project permit appeal hearing. Following the consolidated open-record hearing, the hearing examiner shall consider and decide both the SEPA appeal and project permit recommendation or decision, or project permit appeal, as applicable.

D. Exceptions to this consolidation requirement in subsection B of this section are as follows, per RCW 43.21C.075(3)(b):

1. Appeal of a determination of significance (DS);

2. Appeal of a threshold environmental determination for a project where the city is the proponent or the city is funding the project and chooses to conduct SEPA review prior to applying for project permits; and

3. Appeal of a threshold environmental determination of a nonproject action.

E. The threshold environmental determination or adequacy of the environmental document appealed shall be accorded substantial weight and the burden of establishing the contrary shall be upon the appealing party.

F. Appeals under this section are subject to the requirements of Chapter 2.14 SMC. The hearing examiner shall have authority to affirm, reverse or modify the administrative decisions below, to remand cases to the appropriate department with directions for further proceedings, and to grant other appropriate relief in the circumstances.

G. Judicial review of the hearing examiner’s or other appeal decision shall be a judicial review per RCW 43.21C.075(6) and Chapter 36.70C RCW. (Ord. 1235 § 1, 2020).

Article VII. Definitions

19.04.240 Adoption by reference.

This article contains uniform usage and definitions of terms under SEPA. The city adopts the following sections by reference, as supplemented by WAC 173-806-040 above.

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.

197-11-722 Consolidated appeal.

197-11-724 Consulted agency.

197-11-726 Cost-benefit analysis.

197-11-728 City.

197-11-730 Decisionmaker.

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.

197-11-741 Environmental checklist.

197-11-744 Environmental document.

197-11-746 Environmental review.

197-11-748 Environmentally sensitive area.

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.

197-11-776 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. 546 § 2, 1985).

Article VIII. Categorical Exemptions

19.04.250 Adoption by reference.

The city adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including WAC 173-806-190 (environmental sensitive areas):

197-11-800 Categorical exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to change exemptions.

(Ord. 546 § 2, 1985).

Article IX. Agency Compliance

19.04.260 Adoption by reference.

This article contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating environmental sensitive 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, as supplemented by the WAC 173-806-045 through 173-806-043 and this article:

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 agency 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. 546 § 2, 1985).

19.04.270 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected. (Ord. 546 § 2, 1985).

Article X. Forms

19.04.280 Adoption by reference.

The city adopts the following forms and sections by reference as supplemented by this article:

197-11-960 Environmental 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. 546 § 2, 1985).