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1774 - Ordinance - Repealing Ordinance 1568 and Reestablishig Related to Environmental Policy ActNOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held November 8, 1999. ORDINANCE NO. 1774 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING ORDINANCE NO. 1568 AND REESTABLISHING PORT ORCHARD MUNICIPAL CODE 14.04 RELATING TO THE STATE ENVIRONMENTAL POLICY ACT (SEPA). Copies of Ordinance No. 1774 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 1774 will be provided at a nominal charge. City of Port Orchard Michelle Medino Deputy Clerk Publish: Port Orchard Independent November 17, 1999 ORDINANCE NO.1774 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING ORDINANCE NO. 1568 AND REESTABLISHING PORT ORCHARD MUNICIPAL CODE 14.04 RELATING TO THE STATE ENVIRONMENTAL POLICY ACT (SEPA) THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Ordinance No. 1568 is repealed in its entirety. SECTION 2. State Environmental Policy Act (1) Auto - The city of Port Orchard adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.2 IC. 120 and the SEPA rules WAC 197-11-904. The SEPA rules contained in Chapter 197-11 WAC must be used in conjunction with this chapter. (2) Adoption by Reference - The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference: WAC 197-11-040 Definitions. 197-11-050 Lead agency. 197-11-055 Timing of SEPA process. 197-11-060 Content of environmental review, 197-11-070 Limitations on actions during SEPA process. 197-11-080 Incomplete or unavailable information. 1197-11-090 Supporting documents. 197-11-100 Information required of applicants. 197-11-158 GMA project review - Reliance on existing plans, laws, and regulations. 197-11-164 Planned actions - Definition and criteria. 197-11-168 Ordinances or resolutions designating planned actions Procedures for adoption. 197-11-172 Planned actions - Project review. 197-11-210 SEPA/GMA integration. 197-11-220 SEPA/GMA definitions. 197-11-225 Purpose, policy applicability and S 197-11-228 Overall integration procedures. 197-11-230 Timing of an integrated GMAISEPA process. 197-11-232 Integration procedures for preliminary planning, environmental analysis and expanded scoping. 197-11-235 Integrating documents. 197-11-259 Determination of nonsignificance for MTCA remedial action. (3) Additional Definitions — In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter the following terms shall have the following meanings, unless the content indicates otherwise: Ordinance No. 1774 Page 2 of 17 (a) "Department" means any division, subdivision or organizational unit of the city established by ordinance, rule or order. (b) "SERA rules" means Chapter 197-11 WAC adopted by the Department of Ecology. (4) Designation of Responsible Official (a) For those proposals, for which the city is a lead agency, the responsible official shall be the planning director or such other person as the director may designate in writing. (b) For all proposals for which the city is a 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 have been adopted by reference. (5) Lead Agency Determination and Responsibilities (a) The responsible official or the department receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 19711-050 and WAC 197-11-922 through 197-11940, unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency. (b) When the city is not the lead agency for a proposal, all departments of the city shall use and consider as appropriate either the determination of nonsignificance (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 city determines a supplemental environmental review is necessary under WAC 197-11-600. (c) 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 and resolved within 14 days of receipt of the determination or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 14-day time period. Any such petition on behalf of the city may be initiated by the responsible official or any department. Ordinance No. 1774 Page 3 of 17 (d) 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. (e) The responsible official shall require sufficient information from the applicant to identify other agencies with jurisdiction. (6) Categorical exemptions and threshold determinations Adoption by reference. - The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented in. this chapter: WAC 197-11-300 Purpose of this part. 197-11-305 Categorical exemptions. 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 nonsignificance (DNS). 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. (7) Categorical exemptions and threshold determinations - Time estimates. - The time estimates contained in this section apply when the city processes licenses for all private projects and those governmental proposals submitted to the city by other agencies. The actual time may vary with the complexity of the project, availability of staff, cooperation of agencies with jurisdiction or expertise, etc. The time estimates contained herein shall not be construed to be mandatory. For the purposes of this section the word "day" shall mean a day upon which the city's administrative offices are open for business. (a) Categorical Exemptions. The city will normally identify whether an action is categorically exempt within 10 days of receiving a completed application. (b) Threshold Determinations. (i) The city will normally complete threshold determinations for proposals that can be based solely upon review of the environmental checklist for the proposal within 14 days of the determination of a complete application. (ii) When the responsible official requires further information from the applicant or consults with other agencies with jurisdiction: (A) The city will normally request such further information within 28 days of receiving an application; (6) The city will wait no longer than 15 days for a consulted agency to respond; Ordinance No. 1774 Page 4 of 17 (C) The responsible official shall issue a threshold determination at least 15 days prior to a public hearing on a proposal, if a public hearing is required. If a public hearing is not required, a threshold determination shall not issue until the public comment period on a notice of application has expired. (ii) When the city must initiate further studies, including field investigations, to obtain the information to make the threshold determination, the city will normally complete the studies within 30 days of receiving a complete application. (iii) The responsible official will normally respond to a request for early notice within 10 days. The threshold determination will normally be made within 15 days of receipt of the changed or clarified proposal, environmental checklist and/or permit application. (8) Categorical exemptions - Adoption by reference. The city adopts the following rules for categorical exemption of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemented in this chapter: WAC 197-11-800 Categorical exemptions. 197-11-880 Emergencies. 197-11-890 Petitioning DOE to change exemptions. (9) Flexible Thresholds for Categorical Exemptions. The city establishes the following exempt levels for minor new construction under WAC 197-11-800(i)(c): (a) For residential dwelling units in WAC 197-11-800(1)(c)(I): Up to four (4) dwelling units. (b) For buildings in WAC 197-11-800(1)(c)(ii)., Up to twelve thousand (12,000) square feet. (c) For parking lots in WAC 197-11-800(1)(c)(iv): Up to forty (40) parking spaces. (d) For landfills and excavations in WAS 197-11-800(1)(c)(iv): Up to five hundred (500) cubic yards. (10) Categorical ex mptions Determination, (a) When the city receives an application for a license, permit, or, in the case of governmental proposals, a department initiates a proposal, the responsible official shall determine whether the license and/or the proposal is exempt from environmental review under this chapter. The determination that a proposal is exempt shall be final and not subject to administrative appeal. If a proposal is exempt, none of the procedural requirements of this chapter shall apply to the proposal. Ordinance No. 1774 Page 5 of 17 (b) 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 license or permit required. If a proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency even if the license application that triggers the consideration is exempt. (c) 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: (i) The city shall not give authorization for; (A) Any nonexempt action; (B) Any action that would have an adverse environmental impact; or (C) Any action that would limit the choice of reasonable alternatives; (ii) The city may withhold approval of any permit, application or proposal, the basis of which is an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if the nonexempt actions were not approved; and (iii) The city may withhold approval of any permit, application or proposal, the basis of which is an exempt action 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. (iv) A planned action as defined in RCW 43.21 C.a31(2) does not require a threshold determination or the preparation of an environmental impact statement under this chapter, but is subject to environmental review and mitigation as provided in this chapter. (11) Determination -Review at conceptual stage. (a) Pre -application conferences shall also address environmental issues to familiarize the applicant with the city's SEPA regulations, process, policies and objectives. (b) 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. (c) In addition to the environmental documents an applicant shall submit the following information for early environmental review: Ordinance No. 1774 Page 6 of 17 (i) A copy of any permit or license application; and (ii) Other information as the responsible official may determine. (12) Threshold determinations -Environmental checklist. (a) 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. The checklist shall be the form of WAC 197- 11-960 with such additions that may be required by the responsible official in accordance with WAC 197-11-906(4). (b) A checklist is not needed if the city and the applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency or adoption of a previous document. (c) For private proposals, the applicant is required to complete the environmental checklist. The city may provide assistance as necessary. For city proposals the department initiating the proposal shall complete the environmental checklist for that proposal. (d) The city may decide to complete all or part of the environmental checklist for a private proposal, if any of the following occurs: (i) The city has technical information on a question or questions that is unavailable to the private applicant; or (ii) The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration. (e) The applicant shall pay to the city the actual costs of providing information under subsection (D)(2) of this section. (13) Completed environmental checklist_ defined. (a) An environmental checklist is deemed completed when the following information is provided: (i) All information as requested in the checklist is provided, including complete responses to all questions in the checklist. (ii) All plans and illustrations as required per the applicable city code are submitted with the environmental checklist. (iii) The required number of copies of the checklist and associated plans and illustrations are submitted, as per the applicable city code. (iv) Checklist is properly signed and dated. Ordinance No. 1774 Page 7 of 17 (v) All applicable fees as established in the city's fee schedule are paid. (b) Incomplete or inaccurate responses to the questions within the checklist shall be grounds for reserving a threshold determination on a proposal, including the scheduling of any public hearings as may be required, until such time as the information is provided by the applicant. Any period during which an applicant has been requested by the city to correct plans, perform required studies or provide additional required information shall not be included in the 120-day project permit processing time. (14) Threshold determinations, Mitigated DNS. (a) The responsible official may issue a determination of nonsignificance (DNS) based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant. (b) An applicant may request in writing early notice of whether a DS is likely. The request must: (i) Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and (ii) Precede the city's actual threshold determination for the proposal. (c) The responsible official's response to the request for early notice shall: (i) State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific areas of concern that are leading the city to consider a DS; and (1i) State that the applicant may change or clarify the proposal to mitigate the indicated impacts, and may revise the environmental checklist and/or permit application as necessary to reflect the changes or clarifications. (d) When an applicant submits a changed or clarified proposal, along with a revised environmental checklist, the city shall base its threshold determination on the changed or clarified proposal. (i) 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 determination of nonsignificance if the city determines that no additional information or mitigation measures are required. Ordinance No. 1774 Page 8 of 17 (ii) 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, issue a DNS or DS as appropriate. (iii) The applicant's proposed mitigation measures clarifications, changes or conditions must be in writing and must be specific. (iv) 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. (e) The city shall not act upon a proposal for which a mitigated DNS has been issued for 14 days after the date of issuance; provided, that the requirements of this section shall not apply to a DNS issued pursuant to the optional DNS process described in this ordinance. (f) Any nonexempt permit or proposal may be conditioned or denied under SEPA, subject to the limitations in WAC 197-11-660. (g) Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the licensing decision and may be enforced in the same manner as any term or condition of the permit or enforced in any matter specifically prescribed by the city. Failure to comply with the designated mitigation measures shall be grounds for suspension and/or revocation of any license issued. (h) if the city's tentative decision on a permit or approval does not include mitigation measures that were incorporated in mitigated DNS for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-1 1340 (3)(a) relating to the withdrawal of a DNS. (i) The city's written response under subsection C of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarification 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. (14) Optional DNS process. (a) If the responsible official has a reasonable basis for determining that significant adverse environmental impacts are unlikely, the responsible official may elect to use the single integrated comment period set forth in this section. If this process is used, a second comment period will typically not be required when the DNS is issued. (b) If the optional process set forth in this section is used, the responsible official shall: (i) State on the first page of the notice of application that it expects Ordinance No. 1774 Page 9 of 17 to issue a DNS for the proposal, and that: (A) The optional DNS process is being used; (B) This may be the only opportunity to comment on the environmental impacts of the proposal; (C) The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and (D) A copy of the subsequent threshold determination for the specific proposal may be obtained upon request (in addition, the city may maintain a general mailing list for threshold determination distribution); (ii) List in the notice of application the conditions being considered to mitigate environmental impacts, if a mitigated DNS is expected; (iii) Comply with the requirements for a notice of application and public notice; and (iv) Send the notice of application and environmental checklist to: (A) Agencies with jurisdiction, the Department of Ecology, affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal; and (B) Anyone requesting a copy of the environmental checklist for the specific proposal (in addition, the city may maintain a general mailing list for checklist distribution). (c) If the responsible official indicates on the notice of application that a DNS is likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice of application in accordance with WAC 197-11-940 and 197-11-948. (d) The responsible official shall consider timely comments on the notice of application and either: Issue a DNS or mitigated DNS with no comment period using the procedures in subsection (E) below; Issue a DNS or mitigated DNS with a comment period using the procedures in subsection (e) below, if the responsible official determines a comment period is necessary; (iii) Issue a DS; or (iv) Require additional information or studies prior to making a Ordinance No. 1774 Page 10 of 17 threshold determination. (e) If a DNS or mitigated DNS is issued under subsection (D)(1) or (D)(2) above, the responsible official shall send a copy of the DNS or mitigated DNS to the Department of Ecology, agencies with jurisdiction, those who commented, and anyone requesting a copy. A copy of the environmental checklist need not be recirculated. (16) Consistency. - The city's environmental review shall include a determination of the proposal's consistency with existing development regulations and the Comprehensive plan. The consistency review shall determine whether the impacts of the proposal have been addressed in development regulations or the comprehensive plan. The planning decisions made in these documents shall not be reanalyzed in the environmental review of individual project proposals, nor will additional studies or mitigation be required if existing regulations and documents have adequately addressed the proposal's probable adverse impacts- (17) Environmental irftpact statement (EIS) - Adoption by reference. - The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented by this chapter: WAC 197-11-400 Purpose of EIS. 197-11-402 General requirements. 197-11-405 EIS types. 197-11-406 EIS timing. 197-11-408 Scoping. 197-11-410 Expanded scoping. 197-11-420 EIS preparation. 197-11-425 Style and size. 197-11-430 Format. 197-11-435 Cover letter or memo. 197-11-440 EIS contents. 197-11442 Contents of EIS on nonproject proposals. 197-11-443 EIS contents when prior nonproject EIS. 197-11-444 Elements of the environment. 197-11-448 Relationship of EIS to other considerations. 197-11-450 Cost - benefit analysis. 197-11-455 Issuance of DEIS. 197-11-460 Issuance of FEIS. (18) EIS - Preparation. (a) Preparation of draft and final EISs and SEiSs shall be under the direction of the responsible official. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC. (b) The draft and final EIS or SEIS shall be prepared, at the city's option by the city staff, the applicant or by a consultant approved by the city. If the responsible official requires an EIS for a proposal and determines that someone other than the city will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold Ll 0 Ordinance No. 1774 Page 11 of 17 determination. The responsible official shall also notify the applicant of the city's procedure for EIS preparation, including approval if the draft and final EIS prior to distribution. The fee for the preparation of a draft and final EIS shall be as established by the City Council. Subject to delays caused by the applicant's failure to provide needed information, and other delays beyond the city's control, draft and final E1Ss will be completed within one year of the date of the declaration of significance, unless the city and the applicant agree in writing to a different estimated time period for completion. (c) The city may require an applicant to provide additional information, which the city does not possess, including information, which must be obtained by specific investigations. This provision is not intended to expand or limit an applicant's other obligations under WAC 197-1 1 - 1 00, or other provisions of regulation, statute or ordinance. An applicant shall not be required to produce information under this provision which is not specifically required by this chapter, nor is the applicant relieved of the duty to supply any other information required by statute, regulation or ordinance. (19) EIS - Commenting Adoption by_ reference. - The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented in this chapter: WAC 197-11-500 Purpose of this part. 197-11-502 Inviting comment. 197-11-504 Availability and cost of environmental documents. 197-11-508 SEPA register. 197-11-535 Public hearings and meetings. 197-11-545 Effect of no comment. 197-11-550 Specificity of comments. 197-11-560 FE1S response to comments. 197-11-570 Consulted agency costs to assist lead agency. (20) Public notice. - Whenever the city issues a threshold determination, or EIS requiring public notice, the city shall give public notice of the determination or the availability of the environmental documents and whether any public hearing will be held as follows: (a) Threshold Determination Notice. Public notice will be given on the following situations: (i) DNS involving another agency with jurisdiction; (ii) DNS involving demolition of any structure or facility not exempted by WAC 197-1 1-800 (2)(f) or WAC 197-11-880; (iii) DNS involving issuance of clearing or grading permits not exempted under WAC Part Nine - Categorical Exemptions; (iv) DNS under WAC 197-11-350(2), Early Notice; 0 0 Ordinance No. 1774 Page 12 of 17 (v) DNS under WAC 197-11-350(3), Mitigated DNS; (vi) DNS under WAC 197-11-360(4), change from DS to DNS; (vii) DS for scoping purposes; (viii) Availability of a DEIS. (b) Type of Notice. Under subsection (A) of this section, notice will be given as follows: (i) SEPA register; (ii) Publication in the official newspaper for the city of Port Orchard. (c) Public Hearing. Whenever a public hearing is held notice shall be given. Such notice shall precede the hearing by at least 15 days. (d) Type of Notice. Under subsection (C) of this section, notice will be given as follows: (i) Posting on or near the property or publication in the official newspaper of the city of Port Orchard for site specific proposals; (ii) Mailing to property owners within 300 feet for site specific proposals. (21) Designation of official to perform consulted agency responsibilities. (a) The responsible official shall be responsible for preparation of written documents for the city in response to a consultation request prior to a threshold determination, participation in scoping and reviewing of a draft EIS. (b) The responsible official shall be responsible for the city's compliance with WAC 197-11-550 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. (22) Using existing environmental documents - Adoption by reference. - The city adopts the following sections of Chapter 197-11 WAC as now existing or hereinafter amended, by reference: WAC 1197-11-600 When to use existing environmental documents. 197-11-610 Use of NEPA documents. 197-11-620 Supplemental environmental impact statements. 197-11-625 Addenda - Procedures. 197-11-630 Adoption - Procedures. 197-11-635 Incorporation by reference Procedures. 197-11-640 Combining documents. i • Ordinance No. 1774 Page 13 of 17 (23) SEPA decisions - Adoption by reference. - The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference: WAC 197-11-650 Purpose of this part. 197-11-655 Implementation. 197-11-660 Substantive authority and mitigation. 197-11-680 Appeals. 197-11-700 Definitions. (24) SEPA decisions, - For nonexempt proposals, the DNS or EIS for the proposal shall accompany the city staffs report. If a final EIS is or becomes available, it shall be substituted for the draft. (25) SEPA decisions - Substantive authority. Repealed by Ord. 721. (26) SEPA - Policies. (a) The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city. (b) The city adopts by reference the policies in the following city codes, ordinances, resolutions and plans, as now existing or hereinafter amended, as a possible basis for the exercise of substantive authority in the conditioning or denying of proposals: (0 Chapter 43.21 C RCW - State Environmental Policy Act. (ii) The City of Port Orchard zoning Ordinance. (iii) The City of Port Orchard Comprehensive Plan. (iv) The City of Port Orchard Shoreline Master Program. (v) Six -Year Street Program. (vi) Comprehensive Water Plan. (vii) Comprehensive Sewer Plan. (27) Appeals. (a) SEPA appeals shall be limited to review of final threshold determinations, the adequacy of final environmental impact statements, mitigation or failure to mitigate environmental impacts, and project denials. Appeals of declarations of nonsignificance. EIS adequacy, mitigation and project denial and open record public hearings for the underlying permit(s) shall be consolidated and heard together. Declarations of significance, issued before a decision on the underlying permit(s), may be appealed and heard before the consolidated open record public hearing on the permit and other SEPA issues. Ordinance No. 1774 Page 14 of 17 (b) All SEPA appeals must be filed in writing with the responsible official within 14 calendar days after notice of a final decision is issued other notice that the decision has been made and is appealable; provided, that in order to allow public comment on a DNS prior to requiring an appeal to be filed, this appeal period shall be extended for an additional seven days. The hearing date for appeals of declarations of significance issued before a decision on the permit shall be not more than 45 days from the date the appeal is filed. (c) On receipt of a written notice of appeal, the responsible official shall determine if the notice is timely. If the notice is untimely, the responsible official shall advise the person(s) who filed the notice that no appeal hearing will be scheduled because the notice was untimely. If the appeal is timely, the responsible official shall set a hearing date and transmit the appeal notice to the City Council. (d) The City Council decision on threshold determinations and EIS adequacy shall be the final decision of the city. Appeals of the hearing examiner's decision on these issues shall be filed in the Kitsap County superior court. (e) Appeals to the city council of SEPA mitigation and project denial appeals shall be consolidated with decisions subject to city council review. Decisions not subject to city council review may not be appealed to the city council as part of a SEPA mitigation or project denial appeal. The city council may reverse or modify the decision of the responsible official. (f) The city council's decision on project mitigation or denial, and the underlying permits, shall be the final decision of the city. Appeals of the city council's decision shall be filed in the Kitsap County superior court. (g) If a time limit is established by statute or ordinance for commencing a judicial appeal of the project permit, the responsible official shall give official notice of the date and place for commencing the appeal. The notice shall include: (i) Notice that any SEPA issues must be appealed within the time limit set by statute or ordinance for appealing the underlying governmental action; (ii) The time limit for commencing the appeal of the underlying governmental action and SEPA Issues, and the statute or ordinance establishing the time limit; and (iii) Where the appeal may be filed. Written notice shall be provided to the applicant, all parties to any administrative appeal, and all persons who have requested notice of decisions concerning the project. Such notice may be appended to the permit, the decision documents, the SEPA compliance documents, or may be printed separately. 0 Ordinance No. 1774 Page 15 of 17 (h) The time limitations and procedures for judicial appeals of decisions in this section shall be as set forth in WAC 197-11-680(4). Only a party to the proceeding appealed from may appeal the decisions set forth above. (28) Notice/statute of limitations. - The city, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21 C.080 for any action. (29) Definitions Adoption by reference. - The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, by reference, as supplemented in this chapter: WAC 197-11-700 Definitions. 197-11-702 Act. 197-11-704 Action, 197-11-706 Addendum. 197-11-708 Adoption. 197-11-710 Affected tribe. 197-11-712 Affecting. 197-11-714 Agency. 197-11-716 Applicant. 197-11-718 Built environment. 197-11-720 Categorical exemption. 197-11-721 Closed record appeal. 197-11-722 Consolidated appeal. 197-11-724 Consulted agency. 197-11-726 Cost -benefit analysis. 197-11-728 Countylcity. 197.11-730 Decision maker. 197-11-732 Department. 197-11-734 Determination of nonsignificance 197-11-736 Determination of significance 197-11-738 EIS. 197-11-740 Environment. 197-11-742 Environmental checklist 197-11-744 Environmental document 197-11-746 Environmental review. 197-11-750 Expanded scoping. 197-11-752 Impacts. 197-11-754 Incorporation by reference 197-11-756 Lands covered by water 197-11-758 Lead agency. 197-11-760 License. 197-11-762 Local agency. 197-11-764 Major action. 197-11-766 Mitigated DNS. 197-11-768 Mitigation. 197-11-770 Natural environment. 197-11-772 NEPA. 197-11-774 Nonproject. 197-11-775 Open record hearing. • 197-11-776 197-11-778 197-11-780 197-11-782 197-11-784 197-11-786 197-11-788 197-11-790 197-11-792 197-11-793 197-11-794 197-11-796 197-11-797 197-11-799 Phased review. Preparation. Private project. Probable. Ordinance No. 1774 Page 16 of 17 Proposal. Reasonable alternative. Responsible official. SEPA. Scope. Scoping. Significant. State agency. Threshold determination. Underlying governmental action. (30) Compliance with SEPA - Adoption by reference. - The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended by reference as supplemented in this chapter: WAC 197-11-900 Purpose of this part. 197-11-902 Agency SEPA policies. 197-11-908 Critical areas. 197-11-916 Application to ongoing actions. 197-11-920 Agencies with environmental 197-11-900 Purpose of this part. 197-11-902 Agency SEPA policies. 197-11-908 Critical areas. 197-11-916 Application to ongoing actions. 197-11-920 Agencies with environmental expertise. 197-11-922 Lead agency rules. 197-11-924 Determination the lead agency. 197-11-926 Lead agency for governmental proposals. 197-11-928 Lead agency for public and private proposals. 197-11-930 Lead agency for private projects with one agency with jurisdiction. 197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city. 197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies. 197-11-936 Lead agency for private projects requiring licenses from more than one state agency. 197-11-938 Lead agencies for specific proposals. 197-11-940 Transfer of lead agency status to a state agency. 197-11-942 Agreements on lead agency status. 197-11- 944Agreements on division of lead agency duties. 197-11-946 DOE resolution of lead agency disputes. 197-11-948 Assumption of lead agency status. Ordinance No. 1774 Page 17 of 17 (31) Critical areas. - The following are adopted as critical areas, in accordance with WAC 197-11-908: (a) Wetlands identified and defined pursuant to the city of Port Orchard Wetland Management Ordinance. (32) Fees. - The city shall require fees for its activities in accordance with the provisions of this chapter. (33) Forms - Adoption by reference. - The city adopts the following forms and sections of Chapter 197-11 WAC, as now existing or here -in after amended, by reference: WAC 197-11-960 Environmental checklist. 197-11-965 Adoption Notice 197-11-970 Determination of nonsignificance (DNS) 197-11-980 Determination of significance and scoping notice (DS) 197-11-85 Notice of assumption of lead agency status. (34) Validity. The invalidity or unconstitutionality of any provision or section of this ordinance shall not render any other provision or section of this ordinance invalid or unconstitutional. (35) Savings Clause. Ordinance No. 1568, which has been repealed by this ordinance, shall remain in force and effect until the effective date of this ordinance. PASSED by the City Council of the City of Port Orchard nd signed by the Mayor and attested by the Clerk in authentication of such passage this 8th day of o rember 1999. LESLIE J. WEATHERILL, MAYOR ATTEST: Patricia Parks, City Clerk APPROVED AS TO FORM: YA City Attorney SPONSORED BY: Councilwoma Towers