Ord 90-040�
0072.15008
JDW/naa
02/20/90
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ORDINANCE NO. ' 90-40
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, ESTABLISHING A CHAPTER 20 ENTITLED
"ENVIRONMENTAL POLICY (S'EPA REGULATIONS)";
A�PTING BY REFERENCE PROVISIONS OF THE
WASHINGTON ADMINISTRATIVE ' CODE RELATING TO
SEPA; ADOPTING POLICIES AS A BASIS FOR EXERCISE
OF SUBSTANTIVE AUTHORITY iTI�DER SEPA; PROVIDING
FOR APPEALS; DECLARING AN EMERGENCY AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Federal Way will officially
incorporate as of 12:01 a.m., February 28, 1990, and
WHEREAS, it is necessary fbr the public health, safety
and general welfare that SEPA policies, rules and procedures be
in effect as of the date of said incorporation to assure
compliance with SEPA to provide for an orderly processing of
applications subject to the terms and provisions of SEPA, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. A Chapter 20 entitled Environmental
Policy (SEPA Regulations) adopting by reference provisions of the
Washington Administrative Code relating to SEPA, adopting
policies as a basis for exercise of substantive authority under
SEPA, providing for appeals and adopting rules and procedures for
compliance with the provisions of SEPA, as set forth in Exhibit A
is hereby adopted by this reference.
Section 2. If any section, sentence, clause or
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ORIGINA�.
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phrase of this ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
Section 3. The City Council finds that it is
necessary for the public health, safety and general welfare that
the terms and provisions of this ordinance be in full force and
effect as of the date of incorporation. Compliance with SEPA is
mandatory and the absence of effective SEPA regulations as of the
date of incorporation would be extremely detrimental,
necessitating that this ordinance be effectiive immediately upon
its adoption. Therefore,ue the City Council hereby declares an
emergency necessitating that this ordinance take effect
immediately upon incorporation to wit: 12:Oi a.m., February 28,
1990.
PASSED by a majority of not less than five (5) members
of the City Council of the City of Federal Way this 2�th day of
February, 1990.
CITY OF FED�RAL WAY
ATTEST/AUTHENTICATED:
�0�� .; ��c�
MAYOR, DEBRA ERTEL
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
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BY ��
FILE ITH THE CITY CLERK: February 21, 1990
PASSED BY THE CITY COUNCIL: February 27, 1990
PUBLISHED: 1�tarch 2, 1990
EFFECTIVE DATE : February 28, 1990
ORDINANCE NO. 90-40
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CITY OF FEDERAL WAY
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ENVIRONNIENTAL� POLICY ORDII�lANCE
ERRATA
February 27, 1990
Page 1.
Page 2.
Page 10.
Page 10.
Page 14.
Page 14.
Page 14.
Change "C:�iAPTER" to "ITTLE".
Section 20.40.10, Line 2, delete words "Planning and.
Sectian 24.1$0.10 (A}, Line 2, add word "and" after "site".
Section 20.I80.10 {B), Line 1, change "paragraph 1." to °paragraph A."
�Section C, revise to read _as follows:
"The City adopts by re�erence the follow'sng City Codes, ardinances. resolutions, plans
and policies as now eadst or as may hereafter be amended:
(1) 'Ihe Federal Way Comprehensive Plan
(2) The Zoning Code and the Official Zoning Map.
{3) The Subdivision Ordinance.
(4) The Shoreline Management t?rdinance.
(5) Ordinances ralating to Surface Water Runof� Ordinance #90-31, and Surface
Water Management, Ordinance #90 32.
(6) Qrdinance titied Methods to Mitigate Development Impacts".
Sectian 20.240.10, add at end of first sentence:
"...and conditioning or deniai of an action except as provided in Section .20 below."
Section 20.2�.1Q, line 3, c�ange "Section" to "Chapter
Section 20.240.30, line 3, add after word "period":
"...or the coinpletion of the giving of required notices,"
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TITLE 20 ENVIRONMENTAL POLICY
20.10 Purpose and Authoritv
20.20
20.30
The City of Federal Way adopts this policy under the State Environmental Policy
Act (SEPA), RCW 43.21C.120 and the SEPA rules, WAC 197-11.
Adoption by Reference
The City adopts by reference the basic requirements of the Washington
Administrative Code applying to the SEPA process as follows:
197-11-040
O50
O55
060
070
080
090
100
Definitions.
Lead Agency.
Timing of the SEPA process.
Content of environmental review.
Limitations on action during SEPA process.
Incomplete or unavailable information.
Supporting documents.
Information required of applicants.
Additional Definitions
In addition to those de�nitions contained within WAC 197-11-700 through 799,
when used in this chapter the following terms shall have these meanings, unless
the content indicates otherwise:
A. "Department" means any division, subdivision or organizational unit of the City
established by ordinance, rule or order.
B. "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.
C. "SEPA Rules" means WAC Chapter 197-11 adopted by the Department of
F.cology.
D. "Working Day" means a day upon which the City is open for business. Other
references to days refer to calendar days.
20.40 Designation of Responsible Official
.10. For those proposals for which the City is a lead agency, the Responsible
Official shall be the Director of the Department of Community Development.
EXHIBIT "A"
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20.40 Desi�nation of Responsible Official
.10. For those proposals for which the City is a lead agency, the Responsible
Official shall be the Director of the Department of Community Development.
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 the SEPA
rules.
.20. The Responsible Official shall be responsible for the City's compliance with
WAC 197-11 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.
20.50 Lead Agency Determination and Responsibilities
.10 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
WAC 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.
.20 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 the Responsible Official determines a
supplemental environmental review is necessary under WAC 197-11-600.
.30 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
or the City must petition the Department of Ecology for a lead agency
determination under WAC 197-11-946 within the fifteen-day time period.
Any such petition on behalf of the City shall be initiated by the Responsible
Official.
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20.60
20.70
.40 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 and 197-11-944.
.50 The Responsi`ble Official shall require sufficient information from the
applicant to identify other agencies with jurisdiction.
Cate�orical Exem�tions and Threshold Determinations
The City adopts the following sections of Chapter 197-11- WAC, as now existing
or amended, by reference:
197-11-300
305
310
315
330
335
340
350
360
390
Purpose of this part.
Categorical exemptions.
Threshold determination required.
Environmental checklist.
Threshold determination process.
Additional information.
Determination of nonsignificance (DNS).
Mitigation DNS.
Determination of significance (DS/scoping).
Effect of threshold determination.
Cate�orical Exemptions and Threshold Detemninations - Timing
.10 Time estimates. The time estimates contained in this section apply when the
city processes licenses, as defined by WAC 197-11-760, permits or approvals
for private projects, and any governmental proposals submitted to the
Responsible Official by other agencies or departments. The actual time may
vary with the complexity of the project, cooperation of consulting agencies,
availability of staff, etc., and tnne estimates shall not be construed to be
mandatory.
.20 Categorical Fxemptions. The City will normally identify whether an action
is categorically exempt within five working days of the date an applicant's
complete application and checklist are submitted.
.30 Threshold Determinations. The City will normally complete threshold
determinations within the designated number of days after receipt of a
complete application and checklist as follows:
A. When the threshold determination is based solely on review of the
environmental checklist: fifteen working days.
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B. When further information is requested from applicant or consulting
agency:
(1) Information will be requested within fifteen working days.
(2) The City will normally wait no longer than thirty working days for a
consulted agency to respond.
(3) The Responsible Official will normally complete the threshold
determination within fifteen working days of receiving the requested
information.
.40 Initiation of further studies or �eld investigations. Additional studies will
normally be completed within thirty working days.
.50 Applicant recommends in writing that EIS be prepared. Threshold
determination will normally be completed within fifteen working days.
.60 Response to request for early notice. The response will normally be
completed within ten working days of receipt of request, and the threshold
determination within �ifteen working days of receipt of the clarified proposal,
environmental checklist and/or permit application.
20.80 Categorical Exemvtions - Rules
The City adopts by reference the following rules for categorical exemptions in
Chapter 197-11 WAC, as now e�sting or amended:
197-11-800 Categorical exemptions.
880 Emergencies
890 Petitioning DOE to change exemptions.
20.90 Categorical Fxemptions - Flexible Thresholds
.10 The City establishes the following exempt levels for minor new construction
defined in WAC 197-11-800(1)(b) based on local conditions:
A. For residential structures up to four dwelling units.
B. For agricultural structures covering up to ten thousand square feet.
C. For office, commercial, recreational, service or storage buildings up to four
thousand square feet gross floor area, and up to twenty parking spaces.
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D. For parking lots up to twenty parking spaces.
E. For landfills and excavations up to five hundred cubic yards.
.20 Whenever the City establishes new exempt levels under this section, it shall
send them to the Department of Ecology as required by WAC 197-11-
800(1)(c).
20.100 Cate�orical Exem,ptions - Determination
.10 When the City receives an application for a license or a City department
initiates a proposal, the Responsible Official shall determine whether the
license or proposal is exempt. The determination of exemption shall be Snal
and not subject to administrative review. The procedural requirements of
this chapter shall not apply to proposals or licenses which are determined
to be exempt, nor shall an environmental checklist be required to be
completed.
.20 In determining whether a proposal is exempt the Responsible Official shall
make certain the proposal is properly defined and shall identify the
governmental license required. If the proposal includes exempt and
nonexempt actions, the Responsible Official shall determine the lead agency
for the nonexempt action.
.30 If a proposal includes both exempt and nonexempt actions, the City may
authorize exempt actions prior to completion of the procedural requirements
of this Chapter, except that:
A. The City shall not give authorization for any action that is nonexempt, any
action that would have an adverse environmental effect, or any actions
that would limit the choice of reasonable alternatives;
B. The City may withhold approval of an exempt action that would lead to
modifications of the physical environment serving no purpose if the
nonexempt actions were not approved;
C. The City may withhold approval of exempt actions that would lead to
substantial financial e�cpenditures by a private applicant when the
e�cpenditures would serve no purpose if the nonexempt actions were not
approved.
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20.110 Threshold Determination - Early Review at Conceptual Level
.10 When the City's only action on a proposal is a decision on a building permit
or other permit that requires detailed project plans and specifications, the
applicant may request in writing that the City conduct environmental review
prior to submission of the plans and specifications. In addition to the
required environmental documents, the applicant shall submit any additional
information as deternuned by the Responsible Of�cial.
.20 An applicant may request in writing early notice of whether a determination
of significance (DS) is likely under the following conditions:
A. The request shall precede the City's actual threshold determination for the
proposal;
B. The proposal is sufficiently definite to allow meaningful environmental
analysis;
C. Adequate information is available on the proposed action and potential
environmental impacts to make a threshold determination.
D. The Responsible Official may require that an additional information be
submitted prior to responding to the request for early notice.
.30 The Responsible Official's response to the request for early notice may:
A. State whether the City cunently considers issuance of a DS likely and, if
so, indicate the general or speci5c areas of concern that are leading the
City to consider a DS and whether any additional information is needed.
The Responsble Official may also indicate that with the approval of the
applicant, a DS would be issued and scoping initiated.
B. State that the applicant may change or clarify the proposal to mitigate the
indicated impacts, and may revise the environmental checklist and or
proposal as necessary to reflect the changes or clarifications.
.40 The City's written response to a request for early notice shall not be
construed as a determination of significance or nonsignificance. Preliminary
discussion of clarifications of or changes to a proposal shall not bind the City
to consider the clarification or changes in its threshold determination.
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20.120 Threshold Determination - Environmental Checklist
.10 A completed environmental checklist shall be filed at the same time as an
application for a permit, license, certificate or other approval not exempted
by this chapter unless the City and applicant agree that an EIS is required,
or SEPA compliance has been completed or initiated by another agency.
The checklist shall be in the form of WAC 197-11-960 with such additions
that may be required by the Responsible Of�cial in accordance with WAC
197-11-906(4).
.20 For private proposals, the applicant normally shall be required to complete
the environmental checklist, although the City may decide to complete all or
part of the checklist if the following occurs:
A. The City has technical information that is unavailable to the private
applicant;
B. The applicant has provided inaccurate information on previous or current
proposals.
20.130 Threshold Determination - Miti�ated DNS
.10 The Responsible Official may issue a determination of nonsignificance (DNS)
based on mitigating conditions attached to the proposal by the Responsible
Official or on changes or clari�ications proposed by the applicant. When an
applicant submits a changed or clarified proposal with a revised checklist, the
City shall base its threshold determination on the changed or clarified
proposal as follows:
A.If the City indicated specific mitigation measures in response to the
request for early notice, and the applicant included those measures, the
City shall issue a DNS if no additional information or mitigation is
required.
B.If the City indicated areas of concern, but did not indicate speci�c
mitigation measures, the City shall issue a DNS or DS as appropriate.
C. The applicant's proposed clarification, changes, mitigations or other
conditions must be specific and presented in writing.
.20 Mitigation measures justifying issuance of a mitigated DNS may be
incorporated in the DNS by reference to agency staff reports, studies or
other documents.
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.30 Mitigation measures incorporated in the mitigated DNS shall be conditions
of approval of the permit and may be enforced in the same manner as any
conditions of the permit, or any other manner as prescnbed by the City.
Failure to comply with the designated mitigation measures shall be grounds
for suspension and/or revocation of any license issued.
.40 The City shall not act upon a proposal for which a mitigated DNS has been
issued for fifteen days after the date of issuance.
.50 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) relating to the withdrawal of a DNS.
20.140 Environmental Impact Statement (,EIS - Rules
The City adopts by reference the following sections of WAC 197-11, as now
existing or amended:
197-11-400
402
405
406
408
410
420
425
430
435
440
442
443
444
448
450
455
460
Purpose of EIS.
General requirements.
EIS types.
EIS timing.
Scoping.
Expanded scoping.
EIS preparation.
Style and size.
Format.
Cover letter or memo.
EIS Contents.
Contents of EIS on non-project proposals.
EIS contents when prior EIS. .
Elements of the environment.
Relationship of EIS to other considerations.
Cost-benefit analysis.
Issuance of DEIS
Issuance of FEIS
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20.150 EIS - Preparation
.10 Preparation of EIS's, supplemental EIS's, and other environmental
documentation shall be under the direction of the Responsible Official. The
documents may be prepared by the City staf� or by a consultant approved
and directed by the City, but will be paid for by the applicant. A consultant
preparing or sub-consultant participating in the preparation of an EIS may
not subsequently work for the proponent of the proposed project. The
Responsible Official shall notify the applicant of the City's procedure for EIS
preparation, including review, approval and distnbution of the draft and final
EIS.
.20 The City may require an applicant to provide information the City dces not
possess, including specific investigations relating to elements of the
environment. The applicant is not required to supply information not
required under this Chapter, or that is requested from another agency,
provided this does not apply to information requested under another statute
or ordinance. �
.30 Before the City issues a preliminary or final EIS, the Responsible Official
shall be satisfied that it complies with this Chapter and WAC 197-11.
20.160 EIS - Other Considerations
As defined in WAC 197-11-448, the following information may be part of the
existing environment for purposes of content, but will not be considered as
elements of the environment requiring discussion in the EIS or as criteria for
threshold determinations:
Finance and economics.
Social policy.
Cost-benefit analysis.
Non-construction aspects of education and communications.
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20.170 EIS - Commentine
The City adopts the following sections of WAC 197-11, as now existing or
amended, by reference:
197-11-500
502
504
508
535
545
550
560
570
Purpose of this part.
Inviting comment.
Availability and cost of environmental documents.
SEPA register.
Public hearings and meetings.
Effect of no comment.
Specificity of comments.
FEIS response to comments.
Consulted agency costs to assist lead agency.
20.180 Public Notice
.10 The City shall give public notice for project related actions as follows:
A. Notices will be posted at the City Hall and Library, published in a
newspaper of general circulation in the City, posted prominently on the
site and mailed to residences within 300 feet of the site and any interested
party or agency who has filed their name directly with the Responsible
Official or as part of a public hearing or scoping process for the following
situations:
(1) When the Responsible Official issues a Determination of
Nonsignificance (DNS) or Mitigated DNS;
(2) When an appeal had been filed related to a threshold determination
as provided in this Chapter;
(3) A draft environmental impact statement (DEIS) is available for
public review and comment.
B. In addition to the requirements of Paragraph A. of this section, notices
will be mailed to all addresses within 6� feet of a proposed project-
related action for the following situations:
(1} When the City commences scoping;
(2) Whenever the City holds a public hearing as required by WAC 197-
11-535.
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.20 Notice of public hearing shall be issued no later than twenty days before a
public hearing.
.30 Notice of a threshold determination or EIS hearing on non-project proposals
shall be published in a newspaper of general circulation in the City; mailed
to interested parties or agencies, who have registered with the City, and
posted in the City Hall and Library.
.40 The Responsible Of�icial shall maintain a public list of all SEPA actions
known as the "City of Federal Way SEPA Register." The register shall be
available for public inspection during normal working hours. The Register
will be revised weekly and the Responsible Official will mail copies to any
person who has made a request and paid in advance a fee based on the cost
of reproducing and mailing. The requirements of this subsection are not
mandated by state regulations but will be provided by the City as voluntary
e�ra notice. Failure to provide this notice shall not affect the validity of any
action or proceeding related to SEPA.
.50 The Responsible Official shall maintain a public list of the names of parties
or agencies who have indicated interest in receiving public notices related to
any SEPA procedures.
.60 The City may require an applicant to compensate the City for costs of
compliance with the public notice requirements for the applicant's proposal
or to provide addressed lists and addressed, stamped envelopes, unless that
requirement is waived by the Responsible Official.
20.190 Use of E�sting; Environmental Documents
The City adopts the following sections of WAC 197-11, as now existing or
amended, by reference:
WAC 197-11-600 When to use existing environmental documents.
610 Use of NEPA documents.
620 Supplemental environmental impact statements.
625 Addenda - Procedures.
630 Adoption - Procedures.
635 Incorporation by reference - Procedures.
640 Combining documents.
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20.200 SEPA Decisions - Adoption bv Reference
The City adopts by reference the following sections of WAC 197-11 as now
existing or amended:
WAC 197-11-650 Purpose of this part.
655 Implementation.
660 Substantive authority and mitigation.
680 Appeals.
20.210 SEPA Decisions.
For nonexempt proposals, any DNS or completed final EIS for the proposal shall
accompany the city staff's recommendation to any appropriate advisory body such
as the Planning Commission, or to the Hearing Examiner or City Council.
20.220 SEPA Decisions - Substantive Authoritv
.10 The city may attach conditions to a permit or approval for a proposal so
long as:
A. Such conditions are necessary to mitigate specific adverse environmental
impacts clearly identified in an environmental document prepared under
this chapter; and
B. Such conditions are in writing; and
C. Such conditions are reasonable and capable of being accomplished; 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 Section 110 of this
Chapter, and are cited in the permit, approval, license or other decision
document.
.20 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
signi�cant adverse environmental impacts that are identified in a final EIS
or final supplemental EIS;
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B. A finding is made that reasonable mitigation measures are insufficient to
mitigate an identi�ed impact; and
C. The denial is based on one or more policies identified in Section 110 of
this Chapter and identified in writing in the decision document.
20.230 SEPA - Policies
.10 The policies and goals set forth in this chapter are supplementary to those
in the existing authorization of the City.
.20 The City designates and adopts by reference the following policies as the
basis for the City's exercise of authority under this chapter:
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:
(1) Fulfill the responsibilities of each generation as trustee of the
environment for succeeding generations;
(2) Assure for all people of Washington safe, healthful, productive, and
aesthetically and culturally pleasing sunoundings;
(3) Attain the widest range of beneficial uses of the environment without
degradation, risk to health or safety or other undesirable and
unintended consequences;
(4) Preserve important historic, cultural, and natural aspects of our
national heritage;
(5) Maintain, wherever possible, an environment which supports diversity
and variety of individual choice;
(6) Achieve a balance between population and resource use which will
permit high standards of living and a wide sharing of life's amenities;
and
(7) Enhance the quality of renewable resources and approach the
maximum attainable recycling of depletable resources.
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B. The City recognizes that each 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 following City codes, ordinances,
resolutions, plans and policies as now exist or as may hereinafter be
amended:
(1) The Federal Way Comprehensive Plan.
(2) The Zoning Code and the Official Zoning Map.
(3) The Subdivision Ordinance.
(4) The Shoreline Management Ordinance.
(5) Ordinances relating to Surface Water Runoff, Ordinance # 90-31,
and Surface Water Management, Ordinance # 90-32.
(6) Ordinance titled Methods to Mitigate Development Impacts.
20.240 Administrative A�peals
.10 Any interested party may appeal to the Hearing Examiner a threshold
determination, or the adequacy of a final EIS and conditioning or denial of
an action except as provided in Section .20 below. The appeal shall be
conducted under the provisions of Process II, Chapter 150 of the Zoning
Code.
.20 Any governmental action not requiring a legislative decision that is
conditioned or denied by a nonelected City official shall be appealed directly
to the legislative authority (City Council) as provided by RCW 43.21C.060.
.30 All appeals filed under this section must be filed in writing with the City
Clerk within 14 calendar days of the date of the decision appealed or the
conclusion of the comment period or completion of the giving of required
notices, whichever is longer. All appeals shall contain a specific statement
of reasons why the decision of the Responsible Official is alleged to be in
error.
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.40 All relevant evidence shall be received during the appeal and the decision
shall be made de novo. The determination by the City's Responsible Official
shall carry substantial weight in any appeal proceeding.
.50 For any appeal under this section, the City shall provide for a record that
shall consist of the following:
A. Findings and conclusions;
B. Testimony under oath; and
C. A taped or written transcript.
.60 The decision of the Hearing Examiner on an appeal filed under this section
shall be final.
.70 Upon filing a judicial appeal, any certified copies or written transcripts
required for such shall be prepared by the City Clerk at the expense of the
appellant.
20.250 Notice/Statute of Limitations
The City, applicant or proponent may publish a notice of action as provided by
RCW 43.21C.080 for any final action taken under the provisions of this chapter.
The form of the notice shall be substantially in the form provided in WAC 197-
11-990.
20.260 Definitions - Adoption by Reference
The City adopts by reference the following sections of WAC 197-11, as now
existing or amended, as supplemented in this chapter:
WAC 197-11-700
702
704
706
708
710
712
714
716
718
720
DeSnitions.
Act.
Action.
Addendum.
Adoption.
Affected tribe.
Affecting.
Agency.
Applicant.
Built environment.
Categorical Exemption.
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722
724
728
730
732
734
736
738
740
742
744
746
748
750
752
754
756
758
760
762
764
766
768
770
772
774
776
778
780
782
784
'786
788
790
792
793
794
796
797
799
Consolidated appeal.
Consulted Agency.
County/city.
Decision maker.
Department.
Determination of non-significance (DNS).
Determination of significance (DS).
EIS.
Environment.
Environmental checklis�
Environmental document.
Environmental review.
Environmentally sensitive areas.
Expanded scoping.
Impacts.
Incorporation by reference.
Lands covered by water.
Lead agency.
License.
Local agency.
Major action.
Mitigated DNS.
Mitigation.
Natural environment.
NEPA.
Non-project.
Phased review.
Preparation.
Private project.
Probable.
Proposal.
Reasonable alternative.
Responsible officiaL
SEPA.
Scope.
Scoping.
Significant.
State agency.
Threshold determination.
Underlying governmental action.
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20.270 Compliance with SEPA - Adoption by Reference
The City adopts by reference the following sections of WAC 197-11, as now
e�risting or amended, as supplemented in this chapter:
WAC 197-11-900 Purpose of this part.
902 Agency SEPA policies.
916 Application to on-going actions.
920 Agencies with environmental expertise.
922 Lead agency rules.
924 Determining the lead agency
926 Lead agency for governmental proposals.
928 I.ead agency for public and private proposals.
930 I.ead agency for private projects with one agency with
jurisdiction.
932 Lead agency for private projects requiring licenses from more
than one agency.
934 Lead agency for private projects requiring licenses from a local
agency, not a county/city, and one or more state agencies.
936 Lead agency for private projects requiring licenses from more
than one state agency.
938 Lead agencies for specific proposals.
940 Transfer of lead agency status to a state agency.
942 Agreements on lead agency status.
944 Agreements on division of lead agency duties.
946 DOE resolution of lead agency disputes.
948 Assumption of lead agency status.
20.280 Environmentallv Sensitive Areas
.10 The map entitled "Environmentally Sensitive Areas Map", a part of the
Comprehensive Plan, designates the location of environmentally sensitive
areas within the City and is adopted by reference, as now exists or is
amended. For each environmentally sensitive area, the exemptions within
WAC 197-11-8� that are inapplicable for that area are:
WAC 197-11-800(1) Minor new construction - flexible threshold.
80Q(2)(g) Installation of impervious underground tanks.
800(6)(a) Minor land use decisions -short plat approval.
800(24)(a,c,g) Utilities.
Unidentified exemptions shall continue to apply within environmentally
sensitive areas of the City.
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.20 The City shall treat proposals located wholly or partially within an
environmentally sensitive area no differently than other proposals under this
chapter except as stated in the prior subsection. A threshold determination
shall be made 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.
.30 As provided in WAC 197-11-800 (3) (f�, 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.
20.290 Fees
.10 The City shall establish fees for its activities in accordance with the provisions
of this chapter:
A. Threshold determination. For every environmental checklist the City will
review when it is lead agency, the City shall collect a fee 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 fees.
B. Environmental Impact Statement.
(1) When the City is the lead 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, including
overhead, 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.
(2) 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 an entity other
than the City and may bill such costs incurred including overhead
directly to the applicant. Such consultants shall be selected by the
City.
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(3) The applicant shall pay the projected amount to the City prior to
commencing work. The City will refund the excess, if any, at the
completion of the EIS. If the City's costs exceed the projected costs,
the applicant shall immediately pay the excess, and the City is not
obligated to proceed until the moneys have been received. If a
proposal is modified so that an EIS is no longer required, the
Responsi`ble Official shall refund any fees collected under (a) or (b)
of this subsection which remain after incurred costs, including
overhead are paid.
C. Appeals. All appeals shall be accompanied by a nonrefundable appeal
fee.
.20 The City may collect a reasonable fee from an applicant to cover the cost
of ineeting the public notice requirements of this chapter relating to the
applicant's proposal. The City may charge any person for copies of any
document prepared under this chapter, and for mailing the document in a
manner provided by state law.
.30 The Responsible Official will adopt a fee schedule for purpose of this section
to cover costs incurred including overhead until the City Council adopts a
fee schedule.
20.300 Forms - Adoption by Reference
The City adopts the following forms and sections of WAC 197-11 by reference, as
now existing or amended:
WAC 197-11-960
960
970
980
985
990
Environmental checklist.
Adoption notice.
Determination of non-significance (DNS)
Determination of significance and scoping (DS).
Notice of assumption of lead agency status.
Notice of action.