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Ord 90-040� 0072.15008 JDW/naa 02/20/90 � 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 JDW007430 -1- ORIGINA�. ;� � � 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 i�� ' � �/. : '/:/. � •- •� JDW007430 -2- � APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: � 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 JDW007430 -3- � CITY OF FEDERAL WAY q � ���� �-� �Y 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," n u • u 1 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" • L� 2 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. � � 3 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. • • 4 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. � � S 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. u r1 LJ � 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. � • 7 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. i • : .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 � • � 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. • • 10 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. s • 11 .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. r � LJ � � 12 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; • � 13 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. C� • 14 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. � � �J 15 .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. � � 16 722 724 728 730 732 734 736 738 740 742 744 746 748 750 752 754 756 758 760 762 764 766 768 770 772 774 776 778 780 782 784 '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. • � 17 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. • . : .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. � � 19 (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.