A. Authority:
1. The city adopts this chapter under the state environmental policy act (SEPA), Revised Code Of Washington 43.21C.120, and the SEPA rules, Washington administrative code 197-11-904.
2. This chapter contains the city's SEPA procedures and policies.
3. The SEPA rules, Washington administrative code chapter 197-11, must be used in conjunction with this chapter.
B. Purpose Of Section; Adoption By Reference: This section contains the basic requirements that apply to the SEPA process. The city adopts the following sections of Washington administrative code chapter 197-11 by reference:
WAC 197-11-040 | Definitions |
-050 | Lead agency |
-055 | Timing of the SEPA process |
-060 | Content of environmental review |
-070 | Limitations on actions during SEPA process |
-080 | Incomplete or unavailable information |
-090 | Supporting documents |
-100 | Information required of applicants |
C. Additional Definitions: In addition to those definitions contained within Washington administrative code 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:
DEPARTMENT: Any division, subdivision or organizational unit of the city established by ordinance, rule or order.
EARLY NOTICE: The city's response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant's proposal (mitigated determination of nonsignificance (DNS) procedures).
ORDINANCE: The ordinance, resolution or other procedure used by the city to adopt regulatory requirements.
SEPA RULES: Washington administrative code chapter 197-11 adopted by the department of ecology.
D. Designation Of Responsible Official:
1. For those proposals for which the city is the lead agency, the responsible official shall be the city administrator or such other person as designated in writing by the mayor.
2. For all proposals for which the city is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS) and perform any other functions assigned to the "lead agency" or "responsible official" by those sections of the SEPA rules that were adopted by reference.
3. The city shall retain all documents required by the SEPA rules (Washington administrative code chapter 197-11) and make them available in accordance with Revised Code Of Washington 42.56.100.
E. Lead Agency Determination And Responsibilities:
1. 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 Washington administrative code 197-11-050 and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the department or agency is in the process of determining the lead agency.
2. 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.
3. 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 Washington administrative code 197-11-600. In some cases the city may conduct supplemental environmental review under Washington administrative code 197-11-600.
4. If the city or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of Washington administrative code 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 resolved within fifteen (15) days of receipt of the determination or the city must petition the department of ecology for a lead agency determination under Washington administrative code 197-11-946 within the fifteen (15) day time period.
5. Departments of the city are authorized to make agreements as to lead agency status or shared lead agency duties for proposal under Washington administrative code 197-11-942 and 197-11-944; provided, that the responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.
6. Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify other agencies with jurisdiction over the proposal. (That is: Which agencies require nonexempt licenses?)
F. Transfer Of Lead Agency Status To State Agency: For any proposal for a private project whether 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 Washington administrative code 197-11-936 shall be the lead agency and the city shall be the 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.
G. Time Limits (Washington Administrative Code 197-11-310): The time limits (expressed in calendar dates) contained in this section shall apply when the city processes licenses for all private projects and those governmental proposals submitted to the city by other agencies. For the purpose of this section, the word "day" shall mean a day upon which the city's administrative offices are open for business. These time estimates shall not be construed to be mandatory.
1. Categorical Exemptions: The city shall identify whether an action is categorically exempt within seven (7) days of receiving a completed application.
2. Threshold Determinations:
a. The city should complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within fifteen (15) days of the date an applicant's adequate application and completed checklist are submitted.
b. When the responsible official requires further information from the applicant or consultation with other agencies with jurisdiction:
(1) The city should request such further information within fifteen (15) days of receiving an adequate application and completed environmental checklist;
(2) The city shall wait no longer than thirty (30) days for a consulted agency to respond;
(3) The applicant shall have one hundred eighty (180) days to submit additional information requested before the permit application expires.
(4) The responsible official should complete the threshold determination within fifteen (15) days of receiving the requested information from the applicant or the consulted agency.
c. 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 thirty (30) days of receiving an adequate application and a completed checklist.
d. The city shall complete threshold determinations on actions where the applicant recommends in writing that an EIS be prepared, because of the probable significant adverse environmental impact(s) described in the application, within fifteen (15) days of receiving an adequate application and completed checklist.
e. The city may extend the threshold determination to fifteen (15) days after receipt of a changed or clarified proposal, environmental checklist, and/or permit application.
H. Additional Timing Considerations:
1. 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.
2. 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. (Ord. 916, 8-3-2015)