Ord 93-192
ORDINANCE NO. ~2
AN ORDINANCE OF THE CITY COUNCIL OF FEDERAL
WAY, WASHINGTON, AMENDING FEDERAL WAY CODE
SECTION 18-47 (ORDINANCE NOS. 90-40, 91-109,
91-114, 92-130, 92-136, 92-137, 92-140, 93-
184, AND 93-185) TO ESTABLISH A TIMELINE FOR
THE ISSUANCE OF THE RESPONSIBLE OFFICIAL I S
THRESHOLD DETERMINATION ON A COMPLETED SEPA
APPLICATION, ADDING A DEFINITION OF "COMPLETED
APPLICATION," AND ADDING "STREAMS" TO THE LIST
OF ENVIRONMENTALLY SENSITIVE AREAS.
WHEREAS, the City of Federal Way has in place a Process
IV application in consideration of State Environmental Policy Act
("SEPA") actions within the City for which the City is lead agency,
and
WHEREAS, Chapter 43.21C RCW mandates that a Responsible
Official shall make a threshold determination on a completed SEPA
application within ninety (90) days after the completed application
and supporting documentation are received, and
WHEREAS, the City of Federal Way as an entity responsible
for making threshold determination desires to amend its SEPA
Ordinance to adopt standards consistent with the rules adopted by
the Department to implement the above State requirement; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
1.
Section 1.
The City of Federal Way Code Chapter 18;
Environmental Policy, Section 18-47, (Ordinance Nos. 90-40, 90-109,
91-114,
92-130,
92-136,
92-137,
92-140,
93-184 and 93-185)
is
hereby amended as follows:
Ord.#93-192, Page #~
COpy!
Sec. 18-47.
Lead agency determination and
responsibilities.
(a) The responsible official, upon receiving an
application for a nonexempt action or initiation by a
city department of a nonexempt action, shall determine
the lead agency for that proposal under WAC 197-11-050
and 197-11-922 through 197-11-940, unless the lead agency
has been previously determined or the responsible
official is aware that another department or agency is in
the process of determining the lead agency.
(b) When the city is not the lead agency for a
proposal, all departments of the city shall use and
consider as appropriate either the determination of
nonsignificance or the final environmental impact
statement of the lead agency in making decisions on the
proposal. No city department shall prepare or require
preparation of a determination of nonsignificance or
environmental impact statement in addition to that
prepared by the lead agency unless the responsible
official determines a supplemental environmental review
is necessary WAC 197-11-600.
(c) 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-l1-922 through 197-11-940, it may object to the
determination. Any objection must be made to the agency
originally making the determination or the city must
petition the department of ecology for a lead agency
determination under WAC 197-11-946 within the IS-day time
period. Any such petition on behalf of the city shall be
initiated by the responsible official.
(d) The responsible official is authorized to make
agreements as to lead agency status or shared lead
agency's duties for a proposal under WAC 197-11-942 ND
197-11-944.
(e) The responsible official shall require
sufficient information from the applicant to identify
other agencies with jurisdiction.
iíl within ninetv (90) days of receipt of a
completed application and environmental checklist. the
responsible official shall make a threshold
determination.
Ord.# 93-192, Page #~
1.gl A "completed apPlication" and environmental
checklist is defined to be:
ill.
ill
1.ll
.Ltl
.ill.
ill
Answers to all checklist items:
All expanded environmental studies determined
bv the Citv to be required. whether provided
bv the Citv. another aaency with iurisdiction
and/or expertise. or by the auplicant at the
request of the Citv:
Text descriution and documents for nonuro;ect
action:
Master land use auplication:
Self-addressed. stamped
pursuant to FWCC:
envelopes
required
All required filinq fees.
lhl within thirty (30) days of receipt of an
application and an environmental checklist. the
responsible official shall either:
ill.
ill
Respond to the applicant in writinq with a
notification of completeness: or
Reauest in writinq any additional information
reasonably related to the responsible
official's determination whether or not the
proposal is likelv to have siqnificant adverse
environmental impacts.
iil In the event applicant submits less than the
complete information requested by the responsible
official uursuant to FWCC 18-47(h) (2) above. the
application shall not be considered complete. The
responsible official mav periodicallv request in writinq
the additional required information.
iil Only at such time as applicant submits to the
city either the complete additional information requested
pursuant to FWCC 18-47(h) above. or a written response
indicatinq the inability to provide it. the resuonsible
official shall:
ill.
Issue a threshold determination within ninety
(90) days from receipt of the applicant's
response: or
Ord.# 93-192, Page #~
.ill.
Notifv the applicant that a determination of
sianificance is likelv and indicate the areas
of likelY impact. A final determination shall
be made within ninety (90) days from the
receiDt of the applicant's response for
additional information. unless the apPlicant
requests an additional thirtv (30) days as
provided in Section (k) herein.
ikl The apPlicant mav request an additional thirty
(30) days for the issuance of the threshold determination
bv the responsible official. or for the ~espo~sible
official to evaluate mitiaation measures prop sed v the
applicant. The responsible official shall arant such
extension. if requested.
Section 2.
Sec. 18-141.
FWCC Section 18-141 is amended as follows:
Designation of areas.
(a) The following areas of the environment are
designated as environmentally sensitive areas pursuant to
RCW 36.70A.060 and WAC 197-l1-908:
(1)
(2)
(3)
(4)
(5)
Aquifer recharge areas;
Fish and wildlife habitat conservation areas;
Frequently flooded areas;
Geologically hazardous areas; ðftè
Wetlands..-: and
l.§.l Streams.
(b) For each of these environmentally sensitive
areas, the responsible official shall use city codes,
ordinances, resolutions, plans and policies identified in
section l8-l22 to preclude land uses and development
which are incompatible with these areas.
Section
3.
Severabilitv.
The
provisions
of
this
ordinance are declared separate and severable.
The invalidity of
any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to
any person or circumstance, shall not affect the validity of the
Ord.# 93-192, Page #~
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
Section 4.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
Section 5.
Effective Date.
This ordinance shall be
effective
thirty
(30)
days after passage and publication as
provided by law.
PASSED by the City Council of the city of Federal Way
this ~ day of
November
, 19...2L.
CITY OF FEDERAL WAY
\~/)!p£ r¿ }t¿~
jR/ ROBERT STEAD
WANEY, CMC
CAROLYN A. LAKE
FILED WITH THE CITY CLERK: October 13, 1993
PASSED BY THE CITY COUNCIL: November 9, 1993
PUBLISHED: November 13, 1993
EFFECTIVE DATE: December 9, 1993
ORDINANCE NO. 93-192
MARYK\ORDISEPARO.TML
Ord.# 93-192, Page #~