The city of Sultan adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA Rules, WAC 197-11-904. The city's substantive policies for the enforcement of SEPA are contained in SMC § 17.04.230. The SEPA rules contained in Chapter 197-11 WAC must be used in conjunction with this chapter.
(Ord. 714-00)
In addition to the 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:
A. 
"Department"
means any division or organizational unit of the city established by ordinance, rule, or order.
B. 
"SEPA Rules"
means Chapter 197-11 WAC adopted by the Department of Ecology.
C. 
"Hearing examiner"
means a person who shall not be an employee, elected official, or appointed official of the city. The hearing examiner shall be an advisor to the council.
(Ord. 714-00)
A. 
For all proposals for which the city is lead agency, the responsible official shall be the community development director or such other person as designated in writing by the mayor.
B. 
For all proposals for which the city is lead agency, 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 those sections of the SEPA Rules that have been adopted by reference.
(Ord. 714-00; Ord. 1347-21 § 41)
A. 
The responsible official or the city department initiating a proposal that involves 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 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 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 responsible official, or any of the departments of the city receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, the city may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 15 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 15-day time period. Any such petition on behalf of the city may be initiated by the responsible official or the initiating department upon approval of the mayor or the city administrator.
D. 
The responsible official, with the approval of the mayor or the city administrator, 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.
The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended by reference as supplemental in this chapter:
WAC 197-11-300
Purpose of this part
WAC 197-11-305
Categorical exemptions
WAC 197-11-310
Threshold determination required
WAC 197-11-315
Environmental checklist
WAC 197-11-330
Threshold determination process
WAC 197-11-335
Additional information
WAC 197-11-340
Determination of nonsignificance (DNS)
WAC 197-11-350
Mitigated DNS
WAC 197-11-360
Determination of significance (DS)/initiation of scoping
WAC 197-11-390
Effect of threshold determination
(Ord. 714-00)
The time estimates contained in this section apply when the city processes applications for private development and 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 purpose 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 identify whether an action is categorically exempt within 10 days of receiving a completed application.
B. 
Threshold Determinations.
1. 
The city will complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within 15 days of the date an applicant's completed application and checklist are submitted.
2. 
When the responsible official requires further information from the applicant or consults with other agencies with jurisdiction:
a. 
The city will request such information within 15 days of receiving the application and environmental checklist.
b. 
The city will wait no longer than 15 days for a consulted agency to respond.
c. 
The applicant shall have 180 days to submit additional information requested before the permit application expires.
d. 
The responsible official will complete the threshold determination within 15 days of receiving the requested information from the applicant or the consulted agency.
3. 
When the city must initiate further studies, including field investigations, to obtain the information required to make the threshold determination, the city will complete the studies within 30 days of receiving the development application and environmental checklist.
4. 
The city will complete a threshold determination on actions where the applicant recommends in writing that an EIS be prepared, because of the probable significant adverse environmental impacts described in the application, within 15 days of receiving the complete application and environmental checklist.
5. 
The threshold determination may be extended to 15 days after receipt of the changed or clarified proposal, environmental checklist and/or permit application.
(Ord. 714-00)
A. 
The city establishes and adopts the following rules for categorical exemption of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemental in this chapter:
WAC 197-11-800
Categorical exemptions
WAC 197-11-880
Emergencies
WAC 197-11-890
Petitioning DOE to change exemptions
The city establishes the exempt level of WAC 197-11-800 item (i)(b)(v): up to 350 cubic yards for any landfill or excavation throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II or III forest practice RCW 76.09.050 or regulations thereunder.
B. 
Whenever the city establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington, 98504 under WAC 197-11-800(1)(c) .
(Ord. 714-00)
A. 
When the city receives an application for a development permit or, in the case of governmental proposals a department initiates a proposal, the responsible official shall determine whether the permit and/or the proposal is exempt. The 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 shall apply to the proposal.
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 permit required. If a proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency even if the permit application is exempt.
C. 
If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions except that:
1. 
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 compel authorization of the nonexemption or otherwise interfere with the ability to consider such other nonexempt action on its own merits.
2. 
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 material purpose.
3. 
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 material purpose.
(Ord. 714-00)
A. 
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 specification, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specification.
B. 
In addition to the environmental documents an applicant shall submit the following information for early environmental review:
1. 
A copy of any permit or license application;
2. 
Other pertinent information as the responsible official may determine.
(Ord. 714-00)
A. 
A completed environmental checklist shall be filed at the same time as an application for a permit not exempted by this chapter. The checklist shall be in 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 or SEPA compliance has already been completed.
C. 
For private proposals, the applicant is required to complete the environmental checklist. The city may, but shall not be required to provide assistance as necessary. For city proposals, the department initiating the proposal shall complete or cause to be completed the environmental checklist for that proposal.
D. 
The city may complete all or part of the environmental checklist for a private proposal, if any of the following occurs:
1. 
The city has technical information on a question or questions in the environmental checklist that is unavailable to the private applicant; or
2. 
The applicant has provided inaccurate information on previous proposals or on a proposal currently under consideration.
E. 
The applicant shall pay to the city the actual costs of providing information under subsection D(2) of this section.
(Ord. 714-00)
A. 
The responsible official may issue a determination of nonsignificance (DNS) based on conditions relating to the proposal initiated by either the applicant, the responsible official, or on changes to or clarifications of the proposal made by the applicant.
B. 
An applicant may request in writing notice of whether a DS is likely. The request must:
1. 
Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and
2. 
Precede the city's actual threshold determination for the proposal.
C. 
The responsible official's response to the request for notice shall:
1. 
State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific areas of concern leading to the consideration of a DS; and
2. 
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 clarification.
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.
1. 
If the city requires specific mitigation measures in its response to the request for early notice, and the applicant changes or clarifies the proposal to include those specific mitigation measures, the city shall issue a determination of nonsignificance if the city also determines that no additional information or mitigation measures are required.
2. 
If the city indicates areas of concern, but does not indicate specific mitigation measures that would allow it to issue a DNS, the city shall make the threshold determination and issue a DNS or DS as appropriate.
3. 
The applicants proposed mitigation measures, clarifications, changes, or conditions must be in writing and must be specific.
4. 
Mitigation measures that justify issuance of a mitigated DNS maybe 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 until 15 days after the date of issuance.
F. 
Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit and may be enforced in the same manner as any other term or condition. Failure to comply with the designated mitigation measures shall be grounds for suspension and/or revocation of any permit issued.
G. 
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.
H. 
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 shall not bind the city to consider the clarifications or changes in its threshold determination.
(Ord. 714-00)
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
WAC 197-11-402
General requirements
WAC 197-11-405
EIS types
WAC 197-11-406
EIS timing
WAC 197-11-408
Scoping
WAC 197-11-410
Expanded scoping
WAC 197-11-420
EIS preparation
WAC 197-11-425
Style and size
WAC 197-11-430
Format
WAC 197-11-435
Cover letter or memo
WAC 197-11-440
EIS contents
WAC 197-11-442
Contents of EIS on nonproject proposals
WAC 197-11-443
EIS contents when prior nonproject EIS
WAC 197-11-444
Elements of the environment
WAC 197-11-448
Relationship of EIS to other consideration
WAC 197-11-450
Cost-benefit analysis
WAC 197-11-455
Issuance of DEIS
WAC 197-11-460
Issuance of HIS
(Ord. 714-00)
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 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 determination. The responsible official shall also notify the applicant of the city's procedure for EIS preparation, including approval of the draft and final EIS prior to distribution.
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 197-11-100, or other provisions or 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.
(Ord. 714-00)
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
WAC 197-11-502
Inviting comment
WAC 197-11-504
Availability and cost of environmental documents
WAC 197-11-508
SEPA register
WAC 197-11-535
Public hearings and meetings
WAC 197-11-545
Effect of no comment
WAC 197-11-550
Specificity of comments
WAC 197-11-560
FEIS response to comments
WAC 197-11-570
Consulted agency costs to assist lead agency
(Ord. 714-00)
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:
1. 
DNS involving another agency with jurisdiction;
2. 
DNS involving demolition of any structure or facility not exempted by 197-11-800(2)(f) or 197-11-880;
3. 
DNS involving issuance of clearing or grading permits not exempted under WAC Part Nine – Categorical Exemptions;
4. 
DNS under WAC 197-11-350(2), Early Notice;
5. 
DNS under WAC 197-11-350(3), Mitigated DNS;
6. 
DNS under WAC 197-11-360(4), Change from DS to DNS;
7. 
DS for scoping purposes;
8. 
Availability of a DEIS.
B. 
Type of Notice. Under subsection A of this section, notice will be given as follows:
1. 
Posting in accordance with Chapter 16.124 SMC; and
2. 
Publication in the SEPA register; and
3. 
Other methods as deemed necessary and appropriate by the responsible official or required by city ordinance.
C. 
Public Hearing. Whenever a public hearing is held, notice shall be given. Such notice shall precede the hearing by at least 10 calendar days.
D. 
Type of Notice. Under subsection C of this section, notice will be given as follows:
1. 
Posting of or near the property for site specific proposals;
2. 
Mailing to property owners within a 300 foot radius of the proposed site;
3. 
Posting in accordance with Chapter 16.82 SMC; and
4. 
Other methods as deemed necessary and appropriate by the responsible official; provided that a public hearing on a nonproject proposal must be preceded by written, published notice in accordance with WAC 197-11-502(6)(b).
(Ord. 714-00)
A. 
The responsible official shall be responsible for preparation of written comments 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 manner and include data from all appropriate departments of the city.
(Ord. 714-00)
The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:
WAC 197-11-600
When to use existing environmental documents
WAC 197-11-610
Use of NEPA documents
WAC 197-11-620
Supplemental environmental impact statements
WAC 197-11-625
Addenda – Procedures
WAC 197-11-630
Adoption – Procedures
WAC 197-11-635
Incorporation by reference – Procedures
WAC 197-11-640
Combining documents
(Ord. 714-00)
A. 
The city may attach conditions to a permit or approval for a proposal so long as:
1. 
Such conditions are necessary to mitigate specific adverse environmental impacts clearly identified in an environmental document prepared pursuant to this chapter;
2. 
Such conditions are in writing;
3. 
Such conditions are reasonable and capable of being accomplished;
4. 
The city has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and
5. 
Such conditions are based on one or more policies in SMC Title 16, Unified Development Code, and cited in the permit or other decision document.
B. 
The city may deny a permit or approval for a proposal on the basis of SEPA so long as:
1. 
A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final EIS, or supplemental EIS;
2. 
A finding is made that there are no reasonable mitigation measures sufficient to mitigate the identified impact; and
3. 
The denial is based on one or more policies identified in the city of Sultan comprehensive plan and identified in writing in the decision document refer to SMC § 17.04.230.
(Ord. 714-00)
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.
1. 
Chapter 43.21C RCW, State Environmental Policy Act;
2. 
Six-Year Transportation Improvement Program;
3. 
Sultan Unified Development Code, SMC Title 16;
4. 
Sultan comprehensive plan;
5. 
Utility development plans.
(Ord. 714-00)
A. 
Any interested person may appeal a threshold determination, adequacy of a final EIS and the conditions or denials of a requested action made by a nonelected city official pursuant to the procedures set forth in this section. No other SEPA appeal shall be allowed. The review process shall provide for no more than one consolidated open record hearing and one closed record hearing appeal. If an open record predecision hearing is provided prior to the decision on a project permit, the process shall not allow a subsequent open record appeal hearing.
B. 
SEPA appeals shall be governed by the procedures specified in SMC § 16.06.060(C).
C. 
On receipt of a timely written notice of appeal, the community development director shall advise the hearing examiner of the pendency of the appeal and request that a date for considering the appeal be established. The decision of the hearing examiner shall be final and shall not be appealable to the city council.
D. 
All relevant evidence shall be received during the hearing of the appeal. The procedural determination by the city's responsible official shall carry substantial weight in any appeal proceeding.
E. 
For any appeal under this section, the city shall provide a record that shall consist of the following:
1. 
The original application with SEPA documents;
2. 
Findings and conclusions with approval conditions if any;
3. 
Testimony under oath; and
4. 
Written transcript or minutes from the original hearing.
F. 
The city may require the applicant to provide an electronic transcript.
G. 
The city shall give official notice whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal.
(Ord. 714-00; Ord. 1347-21 § 42; Ord. 1367-22 § 3 (Exh. A))
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 197-11-700
Definitions
WAC 197-11-702
Act
WAC 197-11-704
Action
WAC 197-11-706
Addendum
WAC 197-11-708
Adoption
WAC 197-11-710
Affected tribe
WAC 197-11-712
Affecting
WAC 197-11-714
Agency
WAC 197-11-716
Applicant
WAC 197-11-718
Built environment
WAC 197-11-720
Categorical exemption
WAC 197-11-722
Consolidated appeal
WAC 197-11-724
Consulted agency
WAC 197-11-726
Cost-benefit analysis
WAC 197-11-728
County/city
WAC 197-11-730
Decision maker
WAC 197-11-732
Department
WAC 197-11-734
Determination of nonsignificance (DNS)
WAC 197-11-736
Determination of significance (DS)
WAC 197-11-738
EIS
WAC 197-11-740
Environment
WAC 197-11-742
Environmental checklist
WAC 197-11-744
Environmental document
WAC 197-11-746
Environmental review
WAC 197-11-748
Environmentally sensitive area
WAC 197-11-750
Expanded scoping
WAC 197-11-752
Impacts
WAC 197-11-754
Incorporation by reference
WAC 197-11-756
Lands covered by water
WAC 197-11-758
Lead agency
WAC 197-11-760
License
WAC 197-11-762
Local agency
WAC 197-11-764
Major action
WAC 197-11-766
Mitigated DNS
WAC 197-11-768
Mitigation
WAC 197-11-770
Natural environment
WAC 197-11-772
NEPA
WAC 197-11-774
Nonproject
WAC 197-11-776
Phased review
WAC 197-11-778
Preparation
WAC 197-11-780
Private project
WAC 197-11-782
Probable
WAC 197-11-784
Proposal
WAC 197-11-786
Reasonable alternative
WAC 197-11-788
Responsible official
WAC 197-11-790
SEPA
WAC 197-11-792
Scope
WAC 197-11-793
Scoping
WAC 197-11-794
Significant
WAC 197-11-796
State agency
WAC 197-11-797
Threshold determination
WAC 197-11-799
Underlying governmental action
(Ord. 714-00)
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
WAC 197-11-902
Agency SEPA policies
WAC 197-11-916
Application to ongoing actions
WAC 197-11-920
Agencies with environmental expertise
WAC 197-11-922
Lead agency rules
WAC 197-11-924
Determining the lead agency
WAC 197-11-926
Lead agency for governmental proposals
WAC 197-11-928
Lead agency for public and private proposals
WAC 197-11-930
Lead agency for private projects with one agency with jurisdiction
WAC 197-11-932
Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city
WAC 197-11-934
Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies
WAC 197-11-936
Lead agency for private projects requiring licenses from more than one state agency
WAC 197-11-938
Lead agencies for specific proposals
WAC 197-11-940
Transfer of lead agency status to a state agency
WAC 197-11-942
Agreements on lead agency status
WAC 197-11-944
Agreements on division of lead agency duties
WAC 197-11-946
DOE resolution of lead agency disputes
WAC 197-11-948
Assumption of lead agency status
(Ord. 714-00)
A. 
The environmental sensitive areas map as adopted in the Sultan comprehensive plan designating the location of environmentally sensitive areas within the city is adopted by reference. For each environmentally sensitive area, no exemption shall be applicable for that area (WAC 197-11-800).
B. 
The city shall treat proposals located wholly or partially within an environmentally sensitive area no differently than other proposals under this chapter, making a threshold determination 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.
C. 
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.
(Ord. 714-00)
The city shall require the following fees for its activities in accordance with the provisions of this chapter:
A. 
Threshold Determination. For every environmental checklist the city reviews as lead agency, the city shall collect a fee set by city ordinance and listed in the Sultan fee schedule, from the applicant of the proposal prior to undertaking the threshold determination. This fee may be waived as provided herein. The time periods provided by this chapter from making a threshold determination shall not begin to run until the fee has been paid or waived in writing by the responsible official. When the city assists the applicant or completes the environmental checklist at the applicant's request, an additional fee equal to the estimated actual cost of providing the assistance shall be collected.
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 any person or entity other than the city and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by the city.
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 cost exceeds the projected costs, the applicant shall immediately pay the excess. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsections (B)(1) or (2) of this section which remain after incurred costs, including overhead, are paid.
C. 
The city may collect a reasonable fee from an applicant to cover the cost of meeting any public notice requirements of this chapter relating to the applicant's proposal.
D. 
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 Chapter 42.17 RCW and established by city ordinance.
(Ord. 714-00)