A. Purpose Of Section; Adoption By Reference: This section 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 section 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 chapter:
WAC 197-11-300 | Purpose of this part |
WAC 197-11-300 | Purpose of this part |
-305 | Categorical exemptions |
-310 | Threshold determination required |
-315 | Environmental checklist |
-330 | Threshold determination process |
-335 | Additional information |
-340 | Determination of nonsignificance (DNS) |
-350 | Mitigated DNS |
-360 | Determination of significance (DS/initiation of scoping) |
-390 | Effect of threshold determination |
-800 | Categorical exemptions |
-880 | Emergencies |
-890 | Petitioning DOE to change exemptions |
B. Flexible Thresholds For Categorical Exemptions: The city establishes the following exempt levels for minor new construction under Washington administrative code 197-11-800 based on local conditions:
1. For residential dwelling units in Washington administrative code 197-11-800(1)(b)(i): Up to twenty (20) dwelling units;
2. For agricultural structures in Washington administrative code 197-11-800(1)(b)(ii): Up to thirty thousand (30,000) square feet;
3. For office, school, commercial, recreational, service or storage buildings in Washington administrative code 197-11-800(1)(b)(iii): Up to twelve thousand (12,000) square feet and up to forty (40) parking spaces;
4. For parking lots in Washington administrative code 197-11-800(1)(b)(iv): Up to forty (40) parking spaces;
5. For landfills and excavations in Washington administrative code 197-11-800(1)(b)(v): Up to five hundred (500) cubic yards.
C. Exemption Use:
1. When the city receives an application for a license or, in the case of governmental proposals, a department initiates a proposal, the responsible official shall determine if the application and/or 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.
2. In determining whether or not a proposal is exempt, the responsible official shall make certain the proposal is properly defined and shall identify the governmental licenses required (Washington administrative code 197-11-060). If a proposal includes exempt and nonexempt action, the department shall determine the lead agency, even if the license application that triggers the department's consideration is exempt.
3. 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:
a. The city shall not give authorization for:
(1) Any nonexempt action,
(2) Any action that would have an adverse environmental impact,
(3) Any action that would limit the choice of alternatives;
b. 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
c. 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.
D. Environmental Checklist: A completed environmental checklist in the form provided in Washington administrative code 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.
E. Mitigated DNS:
1. As provided in this section and Washington administrative code 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarification of, the proposal made by the applicant.
2. An applicant may request in writing early notice of whether a DS is likely under Washington administrative code 197-11-350. The request must:
a. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and
b. Precede the city's actual threshold determination for the proposal.
3. The responsible official should respond to the request for early notice within seven (7) working days. The response shall:
a. Be written;
b. State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the city to consider a DS; and
c. 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 clarification.
4. As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
5. When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the city shall base its threshold determination on the changed or clarified proposal and should make the determination within fifteen (15) days of receiving the changed or clarified proposal:
a. 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 DNS under Washington administrative code 197-11-340(2).
b. 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.
c. 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 two hundred foot (200') stormwater retention pond at Y location are adequate.
d. 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.
6. The mitigated DNS issued under Washington administrative code 197-11-340(2) requires a fifteen (15) day comment period and public notice.
7. 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.
8. 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 Washington administrative code 197-11-340(3)(a) (withdrawal of DNS).
9. The city's written response under subsection E2 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. 916, 8-3-2015)