A. 
The City adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120 and the SEPA rules WAC 197-11-904. This chapter contains the City’s SEPA procedures and policies.
B. 
The SEPA rules contained in WAC Chapter 197-11 must be used in conjunction with this chapter.
(Ord. 1331 § 1, 1984)
The City adopts the following sections of WAC Chapter 197-11, as now existing or as may be amended hereafter, by reference:
WAC 197-11-040
Definitions
WAC 197-11-050
Lead agency
WAC 197-11-055
Timing of the SEPA process
WAC 197-11-060
Content of environmental review
WAC 197-11-070
Limitations on actions during SEPA process
WAC 197-11-080
Incomplete or unavailable information
WAC 197-11-090
Supporting documents
WAC 197-11-100
Information required of applicants
(Ord. 1331 § 2, 1984)
The City adopts the following sections of WAC Chapter 197-11, as now existing or as may be amended hereafter, 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 Non-Significance (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
Non-project
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. 1331 § 27, 1984)
In addition to those definitions contained within WAC 197-11-700 through 799, when used in this chapter the following terms shall have the following meanings, unless the content indicates otherwise:
1. 
“Department”
means any division, subdivision or organizational unit of the City established by ordinance, rule or order.
2. 
“Early notice”
means the City’s response to an applicant stating whether it considers issuance of the Determination of Significance likely for the applicant’s proposal.
4. 
“Notice of action”
means the notice (as specified in RCW 43.21C.080) of the time for commencing an appeal of a SEPA determination that the City or the applicant may give following final City action upon an application for a permit or approval when the permit or approval does not have a time period set by statute or ordinance for commencing an appeal.
5. 
“SEPA rules”
means WAC Chapter 197-11, as now adopted or hereafter amended by the Department of Ecology.
(Ord. 1331 § 3, 1984; Ord. 1344 § 1, 1985; Ord. 1599 § 7(1), 1991; Ord. 1770 § 81, 1996; Ord. 2711 § 2, 2023)
A. 
For those proposals for which the City is a lead agency, the responsible official shall be the Community Development Director or their designee or such other person as the Mayor 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.
(Ord. 1331 § 4, 1984; Ord. 1344 § 2, 1985; Ord. 2711 § 3, 2023)
A. 
The responsible official 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 responsible official 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 Non-Significance (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 15 days of receipt of the determination, or the City must petition the Department of Ecology for a lead agency determination under WAG 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 Mayor.
D. 
The responsible official is authorized to make agreement 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.
(Ord. 1331 § 5, 1984; Ord. 1344 § 3, 1985)
For any proposal for a private project where the City would be the lead agency and for which one or more State agencies have jurisdiction, the City may elect to transfer the lead agency duties to the State agency. The State agency with jurisdiction appearing first on the priority list in WAC 197-11-936 shall be the lead agency. To transfer lead agency duties, the 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 shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal.
(Ord. 1331 § 6, 1984; Ord. 1344 § 4, 1985)
The City adopts the following sections of WAC Chapter 197-11 and RCW 43.21C.410, as now existing or as may be amended hereafter, by reference as supplemented 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 Non-Significance (DNS)
WAC 197-11-350
Mitigated DNS
WAC 197-11-355
Optional DNS process
WAC 197-11-360
Determination of Significance (DS)/initiation of scoping
WAC 197-11-390
Effect of threshold determination
RCW 43.21C.410
Battery Charging and exchange station installation
(Ord. 1331 § 10, 1984; Ord. 2173 § 1, 2007; Ord. 2324 § 14, 2011)
A. 
The City establishes the following exempt levels for minor new construction as allowed under WAC 197-11-800(1)(c) and (d), based upon local conditions:
1. 
For single-family residential projects, up to thirty (30) dwelling units;
2. 
For multifamily residential projects, up to two hundred (200) dwelling units;
3. 
For agricultural structures, up to forty thousand (40,000) square feet;
4. 
For office, school, commercial, recreational, service or storage buildings, up to thirty thousand (30,000) square feet;
5. 
For parking facilities, up to ninety (90) parking spaces;
6. 
For fills or excavations, up to one thousand (1,000) cubic yards. All fill or excavation, of any quantity, necessary for an exempt project in subsections 1 through 4 of this section shall be exempt.
B. 
The exemptions in this subsection apply except when the project:
1. 
Is undertaken wholly or partly on lands covered by water;
2. 
Requires a license governing discharges to water that is not exempt under RCW 43.21C.0383;
3. 
Requires a license governing emissions to air that is not exempt under RCW 43.21C.0381 or WAC 197-11-800(8) or (7) ; or
4. 
Requires a land use decision that is not exempt under WAC 197-11-800(6).
C. 
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. 1331 § 11, 1984; Ord. 1344 § 6, 1985; Ord. 2173 § 1, 2007; Ord. 2502 § 1, 2016; Ord. 2711 § 4, 2023)
A. 
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 whether the license 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 made certain the proposal is properly defined and shall identify the governmental license 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:
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 limit the choice of reasonable alternatives.
2. 
The responsible official 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 actions were not approved; and
3. 
The responsible official 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.
(Ord. 1331 § 12, 1984)
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 specifications, the applicant may request in writing that the City conduct environmental review prior to submission of the detailed plans and specifications.
B. 
In addition to the environmental documents, an applicant may be required to submit the following information:
1. 
Conceptual site plans and building plans;
2. 
Other information as the responsible official may determine;
3. 
Environmentally sensitive areas studies as described in TMC Section 21.04.140 for sensitive areas.
(Ord. 1331 § 9, 1984; Ord. 1344 § 5, 1985; Ord. 1599 § 7(2), 1991)
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 in the form of WAC 197-11-960.
B. 
If the site is an environmentally critical area, a critical area study that meets the requirements of TMC Chapter 18.45 may be required. The SEPA official may waive any study requirements determined to be unnecessary for review of a particular use or application. Funding for a qualified professional, selected and retained by the City, shall be paid for by the applicant to review the geotechnical reports on Class 2 and Class 3 landslide, seismic and coal mine hazard areas if the geotechnical report indicates Class 3 or Class 4 characteristics, and will be required in all Class 4 landslide hazard areas. Applicants may also be required to pay for peer review of wetland and watercourse studies per TMC Section 18.45.040.E.
C. 
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.
D. 
The City shall use the environmental checklist to determine the lead agency and, if the City is the lead agency, for making the threshold determination.
E. 
For private proposals, the applicant is required to complete the environmental checklist. The City may provide information as necessary. For City proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.
F. 
The City may decide to complete all or part of the environmental checklist for a private proposal, if either of the following occurs:
1. 
The City has technical information on a question or questions that is unavailable to the private applicant; or
2. 
The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.
(Ord. 1331 § 13, 1984; Ord. 1344 § 7, 1985; Ord. 1599 § 7(3), 1991; Ord. 2711 § 5, 2023)
A. 
The responsible official may issue a Determination of Non-Significance (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 Determination of Significance (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 written response to the request for early 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 that are leading the City to consider 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 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.
1. 
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 Non-Significance if the City determines that no additional information or mitigation measures are required.
2. 
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.
3. 
The applicant’s proposed mitigation measures, clarifications, changes or conditions must be in writing and must be specific.
4. 
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 15 days after the date of issuance.
F. 
Mitigation measures incorporated in the mitigated DNS shall 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 manner 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.
G. 
If the City’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigation 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 21.04.150C 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.
(Ord. 1331 § 14, 1984; Ord. 1344 § 8, 1985; Ord. 1599 § 7(4), 1991)
A. 
The Director of the Department of Community Development shall be authorized to designate a specific development proposal which is eligible to be a planned action, has mitigated all of its significant adverse impacts, and is consistent with the Comprehensive Plan, as a planned action.
B. 
This designation shall be final, with no administrative appeals.
(Ord. 1853 § 8, 1998)
Designation of a planned action would relieve the application from any SEPA review including a threshold determination, any final threshold determination, public notice of SEPA action, and any administrative appeals. A notice of complete application would NOT be sent for Type 1 applications which choose the planned action option.
(Ord. 1853 § 9, 1998)
The City adopts the following sections of WAC Chapter 197-11, as now existing or as may be amended hereafter, 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 non-project proposals
WAC 197-11-443
EIS contents when prior non-project EIS
WAC 197-11-444
Elements of the environment
WAC 197-11-448
Relationship of EIS to other considerations
WAC 197-11-450
Cost-benefit analysis
WAC 197-11-455
Issuance of DEIS
WAC 197-11-460
Issuance of FEIS
(Ord. 1331 § 15, 1984)
A. 
Preparation of draft EIS’s (DEIS) and final EIS’s (FEIS) and supplemental EIS’s (SEIS) 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 WAC Chapter 197-11.
B. 
The DEIS and FEIS 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 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 information the City does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency; provided, however, this does not apply to information the City may request under another ordinance or statute.
(Ord. 1331 § 16, 1984; Ord. 1344 § 9, 1985)
Unless a different time limit is agreed to by the Department and the applicant, the time limit for completion of environmental impact statements for purposes of TMC Section 18.104.130 shall be 365 calendar days from the date of issuance of a Declaration of Significance. The following periods shall be excluded from this 365-day period:
1. 
Any period of time during which the applicant has been requested by any City department, agency or hearing body with jurisdiction over some aspect of the EIS to correct plans, perform required studies, or provide additional information. The period shall be calculated from the date the applicant is notified of the need for additional information until the earlier of (a) the date the department, agency or hearing body determines whether the additional information satisfies the request, or (b) 14 days after the date the information has been provided to the department, agency or hearing body. If the department, agency or hearing body determines that the action by the applicant is insufficient, it shall notify the applicant of the deficiencies and the procedures of this section shall apply as if a new request for information had been made.
2. 
Any additional time period for preparation of the EIS agreed upon by the Department and the applicant.
(Ord. 1770 § 83, 1996)
The following additional elements may be part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function of purpose under this chapter:
1. 
Economy;
2. 
Social policy analysis;
3. 
Cost-benefit analysis;
4. 
Such other elements as may be required by the responsible official.
(Ord. 1331 § 17, 1984)
The City adopts the following sections of WAC Chapter 197-11, as now existing or as may be amended hereafter, 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. 1331 § 18, 1984)
A. 
Whenever public notice is required, the City shall follow the procedures set forth in this section.
B. 
Public notice will be given in the following situations:
1. 
When the City issues an Optional Determination of Non-Significance (ODNS) per WAC 197-11-355;
2. 
When the City issues a Determination of Non-Significance (DNS) per WAC 197-11-340;
3. 
When the City issues a Mitigated Determination of Non-Significance (MDNS) per WAC 197-11-350;
4. 
When the City issues a Determination of Significance (DS) to commence scoping per WAC 197-11-360;
5. 
When a draft EIS (DEIS) is issued per WAC 197-11-455;
6. 
Whenever the City holds a public hearing pursuant to WAC 197-11-535, provided that if the project requires a Type 3, 4 or 5 decision such hearing shall be consolidated with the public hearing on the merits of the project; or
7. 
Whenever the responsible official determines that public notice is required.
C. 
The threshold determination shall be sent to the applicant, parties of record and agencies with jurisdiction, and posted to the SEPA Register per WAC 197-11-508 for the projects listed under subsection B above. Public notice of the threshold determination shall be made available on the City’s website, or using one of the notice procedures set forth in WAC 197-11-510.
D. 
The City may require an applicant to compensate the City for the costs of compliance with the public notice requirements for the applicant’s proposal and/or provide services and materials to assist.
(Ord. 1331 § 19, 1984; Ord. 1344 § 10, 1985; Ord. 1770 § 84, 1996; Ord. 2374 § 1, 2012; Ord. 2743, 10/17/2024)
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 fashion and include data from all appropriate departments of the City.
(Ord. 1331 § 20, 1984)
The City adopts the following sections of WAC Chapter 197-11, as now existing or as may be amended hereafter, 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. 1331 § 21, 1984)
A. 
The City may attach conditions to a license 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; and
2. 
Such conditions are in writing; and
3. 
Such conditions are reasonable and capable of being accomplished; and
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 TMC Section 21.04.270 and cited in the permit, approval, license 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 final supplemental EIS; and
2. 
A finding is made that there are no reasonable mitigation measures that are insufficient to mitigate the identified impact; and
3. 
The denial is based on one or more policies identified in TMC Section 21.04.270 and identified in writing in the decision document.
(Ord. 1331 § 23, 1984)
The City adopts the following sections of WAC Chapter 197-11, as now existing or as may be amended hereafter, 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 for 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. 1331 § 29, 1984)
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 exist or as may be amended hereafter:
1. 
Annexation Policy Plan
2. 
Comprehensive Land Use Policy Plan
3. 
Comprehensive Water Plan
4. 
International Building Code
5. 
Long Range Parks and Open Space Plan
6. 
Sanitary Sewer Comprehensive Plan
7. 
Shoreline Master Plan
8. 
Sidewalk Ordinance
9. 
Southcenter Subarea Plan
10. 
Southcenter Design Manual
11. 
Standard Specifications for Municipal Construction
12. 
Subdivisions and Plats – TMC Title 17
13. 
Surface Water Comprehensive Plan
14. 
Transportation Improvement Plan
15. 
Zoning Code – TMC Title 18
(Ord. 1331 § 24, 1984; Ord. 1344 § 14, 1985; Ord. 1599 § 7(5), 1991; Ord. 1757 § 2, 1995; Ord. 2502 § 4, 2016)
A. 
In the event that the Department issues a Mitigated Determination of Non-Significance (MDNS), any party of record may file an appeal challenging either the conditions, which were imposed, or the failure of the Department to impose additional conditions. No other administrative SEPA appeal shall be allowed.
B. 
At the time the appeal is filed, the appealing party shall pay an appeal fee pursuant to the fee schedule.
C. 
All appeals filed pursuant to this section must be filed in writing with the Department within 14 calendar days of the date of the decision appealed from.
D. 
All appeals pursuant to this section shall be consolidated with the public hearing on the merits of a Type 3, 4 or 5 decision. In the event that an appeal related to a Type 2 decision is filed pursuant to this section, such appeal shall be consolidated with an appeal on the merits of the application. No appeals pursuant to this section shall be permitted for proposals which involve only Type 1 decisions.
E. 
The substantive and procedural determination by the City’s responsible official shall carry substantial weight in any appeal proceeding.
(Ord. 1331 § 25, 1984; Ord. 1344 § 11, 1985; Ord. 1770 § 85, 1996; Ord. 2120 § 5, 2006)
A. 
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.
B. 
The City, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.
1. 
The form of the notice of action shall be substantially in the form provided in WAC 197-11-990.
2. 
The notice of action shall be published by the City Clerk, applicant or proponent pursuant to RCW 43.21C.080.
(Ord. 1331 § 26, 1984; Ord. 1344 § 12, 1985)
A. 
Environmentally critical areas designated on the zoning maps, and/or as defined in TMC Section 18.45.030 as of the effective date of the ordinance from which this section derives and as thereafter amended, designate the locations of environmentally critical areas within the City and are adopted by reference. In addition to those areas identified in WAC 197-11-908 and for purposes of this chapter, environmentally critical areas shall also include wooded hillsides, and the Green/Duwamish River and its shoreline zone as defined by the Tukwila Shoreline Master Program. For each environmentally critical area, all categorical exemptions within WAC 197-11-800 are applicable.
B. 
The City shall treat proposals located wholly or partially within an environmentally critical 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 critical 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. 1331 § 30, 1984; Ord. 1344 § 13, 1985; Ord. 1599 § 7(6), 1991; Ord. 1608 § 2, 1991; Ord. 2711 § 10, 2023)
The City shall require the following fees for its activities in accordance with the provisions of this chapter:
1. 
Threshold Determination. For every environmental checklist the City will review when it is lead agency, the City shall collect a fee according to the adopted Land Use Fee Schedule from the proponent of the proposal prior to undertaking the threshold determination; provided that no fee shall be charged to or collected from the proponents of any proposal for annexation to the City, and the City shall review such checklists without charge. Where payment of a fee is required, the time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee is received by the City.
2. 
Environmental Impact Statement.
a. 
When the City is the lead agency for a proposal requiring an EIS and the responsible official determines 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.
b. 
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 some persons 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. Also, the City will charge an administrative fee in addition to the consultant fees, according to the adopted Land Use Fee Schedule.
c. 
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 costs exceed 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 a. or b. of this subsection which remain after incurred costs, including overhead, are paid.
3. 
The City shall collect a fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal according to the adopted Land Use Fee Schedule.
4. 
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.
(Ord. 1331 § 31, 1984; Ord. 1425 § 1, 1987; Ord. 1576 § 6, 1990; Ord. 1650 § 1, 1992; Ord. 2711 § 11, 2023)
If any section, sentence, clause or phrase of this chapter, including any section adopted by reference, should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter or any other section adopted by reference.
(Ord. 1331 § 35, 1984)