The city adopts the following sections or subsections of Chapter 197-11 WAC, as now or as hereafter amended 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 action 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.
WAC 197-11-158
GMA project review—Reliance on existing plans, laws, and regulations.
WAC 197-11-164
Planned actions—Definitions and criteria.
WAC 197-11-168
Ordinances or resolutions designating planned actions—Procedures for adoption.
WAC 197-11-172
Planned actions—Project review.
WAC 197-11-210
SEPA/GMA integration.
WAC 197-11-220
SEPA/GMA definitions.
WAC 197-11-228
Overall SEPA/GMA integration procedures.
WAC 197-11-230
Timing of an integrated GMA/SEPA process.
WAC 197-11-232
SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping.
WAC 197-11-235
Documents.
WAC 197-11-238
Monitoring.
WAC 197-11-250
SEPA/Model Toxics Control Act integration.
WAC 197-11-253
SEPA lead agency for MTCA.
WAC 197-11-256
Preliminary evaluation.
WAC 197-11-259
Determination of nonsignificance for MTCA remedial action.
WAC 197-11-262
Determination of significance and EIS for MTCA remedial actions.
WAC 197-11-265
Early scoping for MTCA remedial actions.
WAC 197-11-268
MTCA interim actions.
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 197-11-320
Threshold determination process.
WAC 197-11-335
Additional information.
WAC 197-11-340
Determination of nonsignificance (DNS).
WAC 197-11-350
Mitigated DNS.
WAC 197-11-355
Optional DNS process.
WAC 197-11-360
Determination of significance (DS)/initiation of scoping.
WAC 197-11-390
Effect of threshold determination.
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 considerations.
WAC 197-11-450
Cost-benefit analysis.
WAC 197-11-455
Issuance of DEIS.
WAC 197-11-460
Issuance of FEIS.
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 197-11-510
Public notice.
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.
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 statement—Procedures.
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.
WAC 197-11-650
Purpose of this part.
WAC 197-11-655
Implementation.
WAC 197-11-660
Substantive authority and mitigation.
WAC 197-11-680
Appeals.
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 197-11-721
Closed record appeal.
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
Decisionmaker.
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 197-11-750
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 197-11-775
Open record hearing.
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.
WAC 197-11-800
Categorical exemptions.
WAC 197-11-880
Emergencies.
WAC 197-11-890
Petitioning DOE to change exemptions.
WAC 197-11-900
Purpose of this part.
WAC 197-11-902
Agency SEPA policies.
WAC 197-11-904
Agency SEPA procedures.
WAC 197-11-906
Content and consistency of agency procedures.
WAC 197-11-908
Critical areas.
WAC 197-11-910
Designation of responsible official.
WAC 197-11-912
Procedures for consulted agencies.
WAC 197-11-914
SEPA costs and fees.
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 purposes.
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.
WAC 197-11-960
Environmental checklist.
WAC 197-11-965
Adoption notice.
WAC 197-11-970
Determination of nonsignificance (DNS).
WAC 197-11-980
Determination of significance and scoping notice (DS).
WAC 197-11-985
Notice of assumption of lead agency status.
WAC 197-11-990
Notice of action.
(Ord. 1288 § 2, 1984; Ord. 2010 § 1, 1998)
In addition to those definitions contained within WAC 197-11-700 through WAC 197-11-700, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:
A. 
"Department"
means any division, subdivision or organizational unit of the city established by ordinance, rule or order.
B. 
"SEPA rules"
means WAC Chapter 197-Il adopted by the Department of Ecology.
C. 
"Ordinance"
means the ordinance, resolution or other procedure used by the city to adopt regulatory requirements.
D. 
"Early notice"
means the city's response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant's proposal (mitigated DNS procedures).
(Ord. 1288 § 3, 1984)
A. 
For nonexempt proposals, the DNS, or final EIS for the proposal shall accompany the city's staff recommendation to any appropriate advisory body, such as the planning commission.
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. The point at which environmental review may be initiated for specific permits or other licenses requiring detailed project plans and specifications is at the time of the application, and not thereafter.
(Ord. 1288 § 4, 1984)
A. 
Each department within the city that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the license and/or the proposal is exempt. The department's determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this ordinance apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal.
B. 
In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and non-exempt actions, the department shall determine the lead agency, even if the license application that triggers the department's 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 alternatives.
2. 
A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were no approved; and
3. 
A department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved.
(Ord. 1288 § 5, 1984)
A. 
The department within the city receiving an application for or 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 WAC 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 the lead agency for a proposal, the department receiving the application shall determine the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.
C. 
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 preparations of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the city may conduct supplemental environmental review under WAC 197-11-600.
D. 
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 WAC 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within fifteen 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 fifteen-day time period. Any such petition on behalf of the city may be initiated by city superintendent.
E. 
Departments of the city are authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and WAC 197-11-944; provided, that the responsible official and any department that will incur responsibilities as the result of such agreement must approve the agreement.
F. 
Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal (that is: which agencies require nonexempt licenses).
(Ord. 1288 § 6, 1984)
A. 
A completed environmental checklist (or a copy), in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate or other approval not specifically exempted in this chapter; except, a checklist is not needed if the city and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The city shall use the environmental checklist to determine the lead agency and, if the city is the lead agency, for determining the responsible official and for making the threshold determination.
B. 
For private proposals, the city will require the applicant to complete the environmental checklist, providing assistance as necessary. For city proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.
(Ord. 1288 § 7, 1984)
A. 
As provided in this section and in WAC 197-11-350, 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 under WAC 197-11-350. 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 should respond to the request for early notice within ten working days. The response shall:
1. 
Be written;
2. 
State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that are leading the city to consider a PS; and
3. 
State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.
D. 
As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
E. 
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 and should make the determination within fifteen days of receiving the changed or clarified proposal:
1. 
If the city indicates 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 under WAC 197-11-340(2).
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. For example, proposals to "control noise" or "prevent storm water runoff" are inadequate, whereas proposals to "muffle machinery to X decibel" or "construct two hundred-foot storm water retention pond at Y location" are adequate.
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.
F. 
A mitigated DNS is issued under WAC 197-11-340(2), requiring a fifteen-day comment period and public notice.
G. 
Mitigation measures which justify issuance of a mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the city.
H. 
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) (withdrawal of DNS).
I. 
The city's written response under subsection B of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the city to consider the clarifications or changes in its threshold determination.
(Ord. 1288 § 8, 1984)
A. 
Preparation of draft and final EIS's and SEIS's is the responsibility of the city superintendent. Before the city issues an EIS, the city superintendent and the city attorney 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 the applicant or by a consultant selected by the city council or by their approval. If the city superintendent requires an EIS for a proposal and determines that someone other than the city will prepare the EIS, the city superintendent shall notify the applicant immediately upon completion of the threshold determination. The city superintendent 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 that 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. (This does not apply to information the city may request under another ordinance or statute.)
(Ord. 1288 § 9, 1984)
A. 
Whenever the city issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the city shall give public notice as follows:
1. 
If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due.
2. 
If no public notice is required for the permit or approval, the city shall give notice of the DNS, or DS by publishing notice in newspaper of general circulation in the county, city or general area where the proposal is located.
3. 
Whenever the city issues a DS under WAC 197-11-360(3) the city shall state the scoping procedure in the DS as required in WAC 197-11-408.
B. 
Whenever the city issues a draft EIS under WAC 197-11-455(5) or a supplemental EIS under WAC 197-11-620, notice of the availability of those documents shall be given by:
1. 
Indicating the availability of the EIS in any public notice required for a nonexempt license; and
2. 
Publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located.
C. 
Whenever possible, the city shall integrate the public notice required under this section with existing notice procedures for the city's nonexempt permit(s) or approval(s) required for the proposal.
D. 
The city may require an applicant to complete the public notice requirements for the applicant's proposal at his or her expense.
(Ord. 1288 § 10, 1984)
A. 
The city superintendent shall be responsible for the preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping, or reviewing a draft EIS.
B. 
The city superintendent 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. 1288 § 11, 1984)
A. 
For those proposals for which the city is the lead agency, the responsible official shall be the city superintendent.
B. 
For all proposals for which the city is the lead agency, the city superintendent 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 were adopted by reference in WAC 173-806-020.
(Ord. 1288 § 12, 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 may attach conditions to a permit or approval for a proposal so long as:
1. 
Such conditions are necessary to mitigate specific probable significant adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and
2. 
Such conditions are in writing; and
3. 
The mitigation measures included in 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 subsection D of this section and cited in the license or other decision document.
C. 
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 prepared pursuant to this chapter; and
2. 
A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and
3. 
The denial is based on one or more policies identified in subsection D of this section and identified in writing in the decision document.
D. 
The city designates and adopts by reference the following policies as the basis for the city's exercise of authority pursuant to this section:
1. 
The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs and resources to the end that the state and its citizens may:
a. 
Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
b. 
Assure for all people of Washington safe, healthful, productive and aesthetically and culturally pleasing surroundings;
c. 
Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable and unintended consequences;
d. 
Preserve important historic, cultural and natural aspects of our national heritage;
e. 
Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
f. 
Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and
g. 
Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
2. 
The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.
E. 
Appeals required by RCW 43.21C.060 are eliminated.
(Ord. 1288 § 13, 1984)
If any section, sentence, clause or phrase of this chapter 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.
(Ord. 2615 § 3, 2008)