HomeMy WebLinkAboutSection 18 Exhibit Q - 20.160 SEPA - abbreviated version20.160.080 Categorical exemptions —Adoption by reference.
The city adopts the following rules for categorical exemptions from Chapter 197-11 WAC:
WAC
197-11-300 Purpose of this part.
197-11-305 Categorical exemptions.
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions.
(Ord. 019-17 § 18 (Exh. 1)).
20.160.090 Categorical exemptions — Determination.
(1) Each department within the city that receives an application for a license or, in the case of
governmental proposals, the department initiating the proposal, shall determine whether the license,
permit and/or proposal is exempt. The department's determination that a proposal is exempt shall be
final and is 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 department shall make certain that the
proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-070). If a
proposal includes exempt and nonexempt actions, 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:
(i) Any nonexempt action;
(ii) Any action that would have an adverse environmental impact; or
(iii) Any action that would limit the choice of alternatives.
(b) The 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 the 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 the
nonexempt actions were not approved.
(4) Threshold Levels for Categorical Exemptions. Pursuant to WAC 197-11-800(1)(c) and (1)(d), cities may
adopt raised levels of threshold exemptions for certain types of actions, except as provided in WAC 197-
11-305 and 197-11-800(1)(a). As authorized pursuant to WAC 197-11-800(1)(c) and (1)(d), the following
threshold exemptions are adopted:
(a) The construction or location of nine (9) or fewer single-family residential units.
(b) The construction or location of nine (9) or fewer multifamily residential units.
(Ord. 019-17 § 18 (Exh. 1)).
20.160.100 Integration of SEPA with project permits and land use decisions.
Under Chapter 36.70B RCW, the procedure for review and processing of project permit applications shall
be combined with the environmental review process, both procedural and substantive. The process
under the State Environmental Policy Act (SEPA) and this chapter shall integrate the following
procedures, insofar as possible, with any applicable process for decision -making on permit and land use
applications:
(1) Staff review of the application under city codes and regulations and the environmental review and
determination thereon;
(2) The staff report on the application, and the report or documentation concerning environmental
review;
(3) Hearings and other public processes, including required public notices, required by city code or
regulation, and hearings and other public processes, including public notices and appeals, required or
conducted under SEPA;
(4) Such other review processes as determined by the director. (Ord. 019-17 § 18 (Exh. 1)).
20.160.110 Threshold determinations.
This part contains the rules for deciding whether a proposal has a "probable, significant, adverse
environmental impact" requiring an environmental impact statement to be prepared. This part 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 part:
WAC
197-11-310 Threshold determination required.
197-11-315 Environmental checklist.
197-11-330 Threshold determination process.
197-11-335 Additional information.
197-11-340 Determination of significance (DS).
197-11-350 Mitigated DNS.
197-11-355 Optional DNS process.
197-11-360 Determination of significance (DS) (initiation of scoping).
197-11-390 Effect of threshold determination.
(Ord. 019-17 § 18 (Exh. 1)).
20.160.120 Environmental checklist.
(1) Except as provided in subsection (4) of this section, a completed environmental checklist (or a copy),
in the form provided in WAC 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 that a checklist is
not needed if the city and applicant agree that 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 determinations.
(2) For private proposals, the city will require the applicant to complete the environmental checklist,
providing assistance as necessary. For city proposals, the department initiating the proposal shall
complete the environmental checklist for that proposal.
(3) The city may require that it, and not the private applicant, will complete all or part of the
environmental checklist for a private proposal, if either of the following occurs:
(a) The city has technical information on a question or questions that are unavailable to the
private applicant; or
(b) The applicant has provided inaccurate information on previous proposals or on proposals
currently under consideration.
(4) For projects submitted as planned actions under WAC 197-11-164, the city shall use its existing
environmental checklist form or may modify the environmental checklist form as provided in WAC 197-
11-315. The modified environmental checklist form may be prepared and adopted along with or as part
of a planned action ordinance; or developed after the ordinance is adopted. In either case, a proposed
modified environmental checklist form must be sent to the Department of Ecology to allow at least a 30
day review prior to use. (Ord. 019-17 § 18 (Exh. 1)).
20.160.130 Timing.
For those project permit applications that are not subject to Chapter 36.70B RCW, the following will
apply:
(1) The city will attempt to issue a threshold determination on a completed application within 90 days
after the application and supporting documentation are complete.
(2) A complete application for a threshold determination consists of the following information:
(a) A description of the proposed action;
(b) Site information, including site plans, vicinity maps and other information required for a land
use certification or other application;
(c) The environmental checklist;
(d) Additional information/environmental checklist (WAC 197-11-335). The environmental
checklist covers 16 subjects. If, after review of the environmental checklist, it is determined that there is
insufficient information to make a threshold determination, additional information will be required using
any one or more of the following:
(i) The applicant will provide more information on subjects in the checklist;
(ii) The city makes its own further study;
(iii) The city will consult with other agencies, requesting information on the proposal's
probable or potential impacts which lie within the other agency's jurisdiction or expertise.
(3) It is the policy of the city that adequate information must be provided before a threshold decision can
be made. The city will not commence processing environmental checklists which are not complete. (Ord.
019-17 § 18 (Exh. 1)).