HomeMy WebLinkAboutORD 3891 T
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CITY OF F2EN1"ON. WASHING7�ON y-���J ��a� �g��
ORDINANCE NO.3 8 91 ���'�, �t�3,5��3�
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AN ORDINANC� UF THk CIT Y OF I�ENrON� WA5HINGTUN FtEPEALING I
CHAPTE:R 28, 7ITL� IV (BUILDING R�GULA�I"IONS) OF Ot=iDINANCk NO.
1628 KNOWN AS T HE "CODE OF� G�.N�I�AL ORDINnNC�5 O� T HE CI'TY
OF" f�EN�f�ON" AND AVOPTING � N�W CHAPTER 28 T�O COMP�Y W1TH
THk` 5'T�TE �NVIF�UNMENTAL POLICY �C7 OF 1971 AS �MEND�U (FtCW
43.21C) �S1�ABLI5HING PI=tUC�l�Uf2ES �TU D�T�:FtMINE �I�H� IMPACT OF� A
PROPOS�D AC7ION �ND WH��C H�Ft AN �NVIRONMENTAL IMPACI"
S7AI�EMEN�� I5 I�EG�UTf��l7.
WHEREAS, nn January 26, 1984, the Department of E:cology ofi the State nf WashingL�n
adopted Washinyton Administrative Code Chapter 197-11 adnptirig the new State
Envirnnmental Policy ACt F�ules� and repealed Washirigton Administratave Code Chapter
1y7-10 cnntaininy the former State Environmental Policy Act Guidelines; and
WH�REAS, under Washingtnn Administrative Code 197-11-904 and 906 the City is
required to adopt 5EPA puli�ies and procedures, which must implemer�t and be cnnsistent
with the SEPA rules adopted by the Department of E.cology pursuant to W�1C Chapter
197-11; and
WHEREA5. it is the purpose of this ordinanc:e to comply with WAC 197-11-904 and 906 by
amending the existing Renton Environmerital Ordinance, and by adding certair� new
provisions to said Code. which amendments and new provisions are consistent with and
will implement such SEP� �tules; and
, WHEFTEA5, the City, recngnizes that man depends on his biological and pt�ysical
surroundings For food. shelter and other needs, and for cultural enrichment as w�ll. and
recognizes further the profound impact of man's activity on the interrelations of all
components of the natural environment. particularly the profound inFluences of population
growth, hiyh density urbanization, iridustrial �xpansions, resource utilization and
exploitatinn and new and ex�anciing technological advarices. and recognizes further the
critical importance of restoring and maintaining environmental quality tn th� overall
welfare and development of man; and
WHERkA5, the City recognizes that eac:h person has a fundamental arid inalienable right
' to a healthful environment and that eac:h person has a responsibility to contribute to the
pres�rvation and enhancement of th� environment; and
WHEFtEAS. due to the effective date of the new State 5EPA Rules, an emergency exists
which requires that this ordinance become effective immediately upon adoption by the
City Council to protect the public's health, safety. property and peace by bringing the
City's ordinance in to conformity with the new State SEPA Ftules, and
WHEREA5, the City has provided public notice and oppnrtunity for public comment as
part of the process for adopting its f-2enton Environmental Ordinance procedures and
formally designating its policies, NOW 7HEREFOFZE
'fHE CITY COUNCIL OF THE CI7�Y OF F�ENI�ON. WASHINGTON� DO ORDAIN AS
FOLLOWS:
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4-2801: 1�1TLE: This Ordinance shall be hereinafter known as the "Renton
Environmental Ordinance", may be cited as such, will be hereinafter
referred to as "this Ordinance"� and same shall be and constitute Chapter
28, Title IV (Building Regulations) of Ordinance No. 1628 known as the
"Code of General Ordinances of the City of Renton."
4-2802: INTENT: The City of Renton adopts as its own the policies and objectives
of the State Environmental Policy �ct of 1971� as amended (RCW 43.21C).
(A) The City� recognizing that man depends on his biological and physical
surroundings for food, shelter and other needs, and for cultural enrichment
as well, and recognizing further the profound impact of man's activity on
the interrelations of all components oF the natural environment,
particularly the profound influences of population growth� high density
urbanization, industrial expansions. resourc;e utilizatior� and exploitation
and new and expanding te�tmoingical advances, and recognizing further ttie
critical importance of restoring and maintaining environmental quality to
the overall welfare and development of man. declares that it is tt�e
continuing policy of the City, in cooperation with F'ederal, State and other
local governments and in �ooperation witt� other c:oncerneci public and
private organizations. to use all practicable means and measures in a
manner calc:ulated to foster and promote the general welfare. to create
and maintain conditions under which man and nature can exist in
productive harmony� and fulfill the social, economic and other
requirements of present and Future generations of Washington citizens.
(B) In order to carry out the policy set forth in this Ordinance, it is the
continuing responsibility of the City to use all practicable means,
consistent with other essential considerations of State and City policies. to
improve and coordinate plans. functions, programs and resources to the end
that the State and its citizens may:
1. F ulfill the responsibilities of each generation as trustees of the
environment for succeeding generations;
2. Assure for all people of Washington safe. healthful. productive and
aesthetically and culturally pleasing surroundings;
3. Attain the widest range oP beneficial uses oP the environment
without degradation, risk to health or safety, or other undesirable
and unintended consequences;
4. Preserve important histori�� cultural and natural aspects of our
National heritage;
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S. Maintain, wherever possible. an environment which supports
diversity and variety of individual choice;
6. Achieve a balance between population ar�d resource use which will
permit high standards of living and a wide sharing oF life's
amenities; and
7. Enhance the quality of renewable resources and approach the '
maximum attainable recycling of ciepletable resources.
(C) The City recognizes that eacli person has a fundamental and inalienable
rigfit to a healthful �nvironment and that each person has a responsibility
to contribute to the preservation and enhancement of the environment.
(U) To the fullest extent possible. the policies� regulations and laws of th�
5tate of Washington and ordinances of the City shall be interpreted and
administered in accordance with the policies set forth in this Ordinance.
(E) To the fullest ext�nt possible. the City will utilize a systematic,
interdisciplinary approach which will insure the integrated use of the
natural and social sciences and the environmental design arts in planning
and in decision makin wh' h '
ic ma have an im act on man s environment.
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(F) This Ordinance sets forth methods and procedures which will insure that
presently unquantified environmental amenities and values will be given
appropriate consideration in decision making along with economic and
technical considerations.
i (G) 7he policies and goals set forth in this Urdinance are su lementar to
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� those set forth in existing authorizations of the State and City.
4-28U3: AUI�HORITY: �The City of Ftenton adopts this Ordinance under the State
�nvimnmental Policy Act (5�P�1)� FtCW 43.21C.120, and the 5�P� rules,
WAC 197-11-904. �This Urdinance contains this City's S�PA procedures
and polices. '1'he S�PA rules, Chapter 1q7-11 W�C, must be used in
conjunction with this Ordinance.
1"he City of t�enton possesses the authority to deny or condition actions in
order to mitigate or prevent prot�able significant adverse environmental
' impacts. �This authority applies to all City activities including actions as
defined in this Ordinance. whether or not such activities are considered to
be ministerial in nature.
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PAI�T TWU
GtN�1=tnL R�QUIK�M�N1�S
4-28U4: PURPOSE UF THIS PAI��� ANU ADOP�fION BY REF�ERENC�: 1'his part
contains the basic requirements that apply to the SEPA process. T he City
of Renton adopts the following se�tions of chapter 197-11 of the
Washington Administrative Code by reference:
WAC
197-11-040 Uefinitions
197-11-OSU Lead ayency.
197-11-055 Timing of the 5EPA prucess.
1y7-11-060 Content nf environmental review.
197-11-070 l.imitations on ac:tions during SEPA process.
197-11-080 Incomplete or unavailable information.
197-11-090 Supporting documents.
197-11-100 Information reyuired �f applicants.
4-2805: AUUITIONAL DEFINIIIONS: In addition ta those definitions �ontairied
within WAC 197-11-7UU through 197-11-799. when used in tt►is Ordinance,
ttie followiny terms shall have ttie foll�wing meanings, unless the context
indic;ates otherwise:
(1) "lUepartment" means any division� subdivision or organizational unit
o�f the City established by urciinance. rule, or �rder.
(2) "S�PA rules" means Chapt�r 197-11 WAC adopted by the
department of ecology.
(3) "Urdinance" means the ordinance, resolution� or oth�r procedure
used by tt�e City to adopt regulatnry reyuirements.
(4) "Early nntice" means the City's response to an applicant stating
whether it considers issuance of a determination of significance
likley for the applicant's proposal (mitiyated determination of
non-significance (DNS) procedures.)
(5) "ERC" means the Environmental Review Committee of the City of
Renton.
(6) "DS" means Determination of Significanc�.
(7) "DNS" means Determination of Non-significance.
(8) "EIS" means Environmental Impact Statement.
4-2806: DESIGNAI"ION UF� R�SPONSIB�E OF�F'ICIAL AUTHOFZITY:
(A) F or those proposals for which th� City is the lead agency, the responsible
official shall be the �nvironmental I�eview Committee (EF�C). l�tie �.F�tC
shall consist oF three (3) nfficials desic�nated by ttie Mayor with
conc:urrence by the City Counc:iL
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(B) For all proposals for which the City is the lead agency� the ERC shall make
the threshold determination, supervise scoping and preparations 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 were adopted by reference in W�1C
173-806-020. '
(C) The ERC may develop further administrative and procedural guidelines for �i
the administration by the responsible official of the provisions of this
Chapter.
(D) The City shall retain all documents required by the S�PA rules (Chapter
197-11 W�C) and make them available in accordance with Chapter 42.17
RCW.
4-28U7: L�AD AGENCY DETEF�MINATIUN ANC� Ft�SPONSIBILITIES:
(A) The department within the City receivirig an application �for or initiating a
proposal that involves a nonexempt action shall determine whether ttie
City is the lead agency for that proposal under WAC 197-11-OSO and
197-11-922 through 197-1 I-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) In those instances in whicfi the City is the lead agency, the ERC shall
supervise compliance with the threshold determination and, if an EIS is
necessary, shall supervise preparatinn of the draft and final 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. The ERC shall not
prepare or require preparation of a DNS or EIS in addition to that prepared
by the lead agency� unless required under WAC l97-11-600. In some cases,
the City may conduct supplemental environmental review under WAC
197-I1-600.
(U) 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 oriyinally makir�g the determination
and resolved withiri fifteen (15) days of receipt of the determination, or the
City must petition the Department of �cology for a lead agency
determination under WAC 197-11-946 within the fifteen (15) day time
period. Any such petitinn on behalf of the City may be initiated by the
�RC.
(E) The EFtC is authorized tn make agreements as t� lead agency status or
shared lead agency duties for a proposal under WAC 197-11-942 and
197-11-944; PFZOVIDEU, that the EI�C and any department that will incur
responsibilities as the result of such agreement approved the agreement.
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(F) Any department making a le�d agency determinati�n for a private project
shall require sufficient information From the applicant to identify wt�ich
other agencies have jurisdiction over the proposal.
4-28U8 TIME LIMI7S APPI.ICABL� 1�U TH� S�PA PHtUCkSS: The following time
limits (expressed in calendar days) shall apply to the processing of all
private projects and to those governmental proposals submitted to this City
by other agencies:
(A) Categorical Exemptions: Identification oF categorically exempt actions
shall occur within ten (!0) days of submission of an adequate and complete
application.
(B) Threshold Determinations:
1. 1"hreshold determinations not requiring further information from
the applicant or consultation with agencies with jurisdiction should
be completed within fifteen (15) days of submission of an adequate
application and the completed check list.
2. Threshold determinations requiring further information from the
applicant or consultation with other agencies with jurisdiction
should be completed within twenty (20) days of receiving the
requested information from the applicant or the consulted agency;
requests by the City for such further information should be made
within twenty (20) days of the submission of an adequate
application and completed che�k list; when a request for further
information is submitted to a consulted agency, the City shall wait
a maximum of thirty (30) days For the consulted ayency tu resp�rid.
�. �fhreshold determinations whic:t� require that further studies
including. but not limited to, Field investigations� be initiated by
the City should be completed withir� thirty (30) days of submission
oP an adequ�te application and the completed check list.
4. Threshold determinations on actions where the applicant
recommends in writing that an EIS be preparc3d, because of the
probable significant adverse environmental impacts described in
the application, shall be completed within twenty (20) days of
submission of an adequate application and the completed check list.
5. When a threshold determination is expected to require more than
twenty (20) days to complete and a private applicant requests
notification of the date when a threshold determination will be
made, the EFtC or its agent shall transmit to the private applicant
a written statement as to the expected date nf decision.
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C Additional T�imin Considerations:
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1. F or nonexempt proposals, the DNS or Final EIS for the proposal
shall accompany the City's staff recommendation to the Hearing
' Examiner or other appmpriate advisory body, such as the Planning ,
Commission.
, 2. If the City's only action on a proposal is a decision nn a building
permit or other license that requires detailed project plans and !
specifications, the applicant may request in writing that the ERC
conduct an environmental review prior to submission of detailed
plans and specification. A completed environmental checklist st�all
be submitted along with the appropriate environmental fees. The
EFtC may require specific detailed information at any time.
P�FZT THFt�E
CA�I�EGOI�ICAL kX�MPTION5 �ND 7�HRESHULD 1��1�EF�MINATIONS
4-2809: PUFtPUSE OF THIS Pni��l- AND ADUP��ION BY I�EFEFt�NCt. This part
contains the rules for deciding whether a proposal tias a "probable
significant, adverse environmental impact" requirir�g an environmental
impact statement (�1S) to be prepared. This part also contains rules for
evaluating the impacts of proposals not requirir�y an EIS. 7he City adopts
the following sections by reference� as supplemented in this �art:
WAC
197-11-300 Purpose of this part.
1y7-11-30S Categorical exempti�ns.
197-11-310 Threshold determination required.
197-11-315 Environmental checklist.
197-11-330 7hreshold determination process.
197-11-335 Additional information.
197-11-340 Determination of n�nsignificance (DNS).
197-11-350 Mitigated DNS.
197-11-360 Determination of significance (DS)/initiation of scoping.
197-11-390 Effect of threshold determination.
4-2810 F�L�XIBLE THRESHOLDS FOR CA1"EGOF2ICAL EXEMP1�lON5.
(A) The City of F7enton extablishes the followiny exempt levels for minor new
construction under WAC 197-11-�300(1)(b) based on local conditions:
For landsfills and excavati�ns in WAC 197-11-800(1)(b)(v): Up to
500 cubic yards.
(B) Whenever the City establishes new exempt levels under tt�is s�ction, it
shall send them to the lUepartment of �cology. Headquarters Uffice.
Ulympia� Washington. 98504 under WAC 197-11-800(1)(c).
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4-2811: USE OE EXEMPTIUN5:
(A) �ach department within the City that receives an applic:ation For a license I
or, in the case of governmental proposals, the d�partment initiatiny the
proposal� shall determine whether the license and/or the proposal is '
exempt. Ttie department's determination that a proposal is exempt shall
be final and not subject to administrative review. Tf a prupusal is exempt,
none of the procedural requirements oF this Urdinance apply t� the
proposal. The City shall not require completion of an environmental
ch�cklist for an exempt proposal. i
(C3) In determining whether or not a proposal is exempt. the department shall
make certain the proposal is properly defir�ed and shall identify tt�e
governmental licenses required (WAC 197-11-060).
(C) A de{�artment which is determining whether or not a proposal is exempt
shall ascertain the total scope of the proposal and the governmental
licenses required. If a proposal includes a series of actions. physically or '
functionally relateci to each other, some of which are exempt and some ��
which are not. the proposal is not exempt. For any such proposal. the lead
agency shall be determined� even if the license application which triggers
the department's consideration is otherwise exempt. If the lead agency is
the City, then the responsible official shall be designated as defined in
Section 4-2806.
(U) If a proposal includes both exempt and nonexempt actions. exempt actions
may be authorized with respect t� the prnposal prinr to compliance with
the procedural requirements of these yuidelines except that:
1. T he City shall not give authorization for:
(a) Any nonexempt action;
(b) Any action that would have an adverse enviranmental
impact;
(c) Any action that would limit the choice of alternatives; or.
(d) Any action that will irrevocably commit the City to
approve or authorize a major action.
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
not 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
actions(s) were not approved.
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4-2812: ENVIRONMENTAL CHECK LI5T:
I (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 apprnval not specifically exempted in
this Ordinance; except, a checklist is not needed if the ERC and applicant
agree an EIS is required, SEPA compliance has been completed, or SEPA
, compliance has been initiated by another agency. 7he department within
the City receiving the application or initiating the action shall use the
environmental checklist to determine the lead agency. If the City is the
lead agency� the ERC shall use the envirnnmental checklist for making the
threshold determination.
(B) For private proposals, the department within the City receiving the
application will require the applicant to complete the environmental
, checklist, providing assistance as necessary. F or City proposals, the
department initiating the proposal shall complete the environmental
checklist for that proposal.
(C) �l�he �t�C may require that it, and not ttie private applicant. will complet�
all nr part of the environmental checklist For a private proposal. if either
nf ttie following occurs:
1. The City has technical information on a question or questions that
is unavailable to the private applicant; or
2. 1"he applicant has provided inaccurate information on previous !,
proposals or on proposals currently under consideration. ,
4-2813: MIl"IGATEU DNS:
(A) As provided in this section and in WAC 197-11-350. the ERC may issue a !
DNS based 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 I'
under WAC 197-11-350. 7he request must:
1. F ollow submission of an environmental checklist for a nonexempt
proposal for which the City is lead ayency; and
2. Precede the City's actual threshold determination for the proposal.
(C) The �FtC should respond to the request for early notice within fifteen (15)
working days. The response shall:
1. t3e written;
2. State whetlier the �RC currently considers issuance of a DS likely
and. if so, indicate the general or specific area(s) of c�ncern that
is/are leading the �FtC to consid�r a 175; and
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3. State that the applicant may change or clarify the proposal to
mitigate tt�e indicated impacts, revising the environmental
checklist and/or permit application as necessary to refl�c;t the
changes or �larifications.
(U) �s much as possible. the �FtC should assist the applicant with
identification of impacts to the ext�nt necessary to formulate mitigation
measures.
(k) When an applicant submits a changed or clarified proposal, along with �
revised or amended environmental checklist, the EFtC shall base its
threshold determination on the changed or clarified proposal and stiould
make the determination within twenty (20) days of receiving the changed ,
or clarified proposal: '
1. If the EF2C 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 ERC shall issue and circulate a DNS under WAC
197-11-340(2).
2. If the ERC indicated areas of concern, but dici not indicate speciFic
mitigation measures that would allow it to issue a DNS, the ERC
shall make the threshold det�rmination, issuing a DNS or DS as
appropriate.
3. 7he applicant's proposed mitigation measures (clarific:ations,
changes or conditions) must be in writing and must be specific. For
example, proposals to "control noise" or "prevent stormwater
runoff" are inadequate, whereas proposals to "mu�ffle machinery to
X d�cible" or "construct 200-foot stormwater retention pond at Y �
location" are adequate.
4. Mitigation measures which justify issuance of a mitigated UNS may �,
be incorporated in the IUN5 by reference to agency staff reports, ,
studies or other documents. '
(�) A mitiyated DNS is issued under WAC 197-11-340(7_), requiring a fifteen
(1 S) day comment period and public notice.
(G) Mitigation measures incorporated in the mitigated UNS 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) "�he E:RC's written response under subsecti�n (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 ERC to consider the
clarifications or changes in its threshold determination.
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PAR7 FOUR
I ENVIRONMENTAL IMPACT STA7EMEN'(
(EIS)
4-2814 PURPO5E OF THI5 PART AND ADOPTION BY REF EF�ENCE: 7fiis part
contains the rules for preparing environmental impac:t statements. 7he
City adopts the following sections by reference, as supplemented by this
part:
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 �xpanded s�oping. (Optinnal)
197-11-420 EI5 preparation.
197-11-425 Style and si�e.
197-11-430 F ormat
197-11-435 Cover letter or memo.
197-11-440 �I5 contents.
197-11-442 Contents of EIS on nonproject proposal.
197-11-443 �IS contents when prior nonproject �IS.
197-11-444 �lements of the environment.
197-11-448 F�elationship o�f EIS to other considerations.
197-11-450 Cost-beneFit analysis.
197-11-455 lssuance of DEIS.
197-11-460 Issuance of F"EI5. +
4-2815: PREPARATION OF EI5 -- AUDITION�L CONSIUERATIONS:
(A) Preparation of draft and final EISs (DEIS and FEIS) and draft and final
supplemental EIS's (SEIS) is tt�e responsibility of the ERC. Before the City
issues an EIS. the ERC shall be satisfied that it complies with this
Ordinance and Chapter 197-11 WAC.
(B) The UEIS and FEIS or draft and final SEIS shall be prepared by City staff,
the applicant. or by a consultant selected by the City through its
consultant selection process. If the ERC requires an EIS for a proposal and
determines that someone other than the City will prepare tt�e tIS, the EFtC
shall notify the applir.ant immec�iately after completion of the tfireshold
determination. The �f-iC shall also notify the applicant of the City's
procedure for �IS preparation, including approval of the vEIS and F EIS
prior to distribution.
(C) 'The City may require an applicant to provide in�formation the City does not
possess. including� but not limited to, specific investigations. However, ttie
applicant is not required to supply information that is not required under
this Ordinance or that is being requested fr�m another agency. (This does
not apply to information the City may request under another orciinance or
statute.)
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7h� kl;tC may refuse to proc:ess and consider a private applicatiun further ;
iF the applicant fails or refuses to provide information required for the �
preparation of an adequate �IS.
4-2816: Al'UL7ITIUNAL EL�.MEN�1"S �(�O BE COVEREL� IN AN EIS:
7he EF2C may require the following additional elements as part of the environment
�for the purpose of EIS content, but these elements do not add to the criteria �for
threshold determination or perform any other function or purpose under this
ordinance.
(1) Economics, includiny the �ffects on both the public and private sector,
(2) Cultural factors.
(3) Quality oF life,
(4) Neighborhond cohesion.
(5) Sociological factors, and
(6) Image of the City.
PAFt7 E�IVE
COMMENIING
4-2817: AUUP�1"ION BY I�EF ER�NCt: 7his part contains rules for cnnsulting,
commenting, and responding on all environmental docum�nts under 5EPA, ,
including rules for public notice and tiearings. The City adopts ttie
following sections by reference, as supplemented in tt�is {�art:
WAC
197-11-50U Purpnse of this part.
197-11-502 lnviting 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 commerit.
197-11-550 Specificity of comments.
1y7-11-560 F"EIS response to comments.
197-11-570 Consulted agency costs to assist lead agenc:y.
� ORDINANCE NO. 3891 � � � '
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4-2818: PUBLIC NOTICE:
(A) Whenever the ERC of the City of Renton issues a UNS under W�C
197-11-340(2) or a DS under W�C 197-11-360(3) the ERC shall give public
notice as follows:
1. If public notice is required for a nonexempt license. the nntice
shall state whether a DS or UN5 has been issued and w�ien
comments are due.
2. If no public notice is required for the permit or approval, the City
shall give nntice of the DN5 or US by:
(a) Posting the property� fnr site-specifir. proposals; and,
(b) Publishing notice in a newspaper of general c:irculation in
the county. city, or general area where the propnsal is
located.
3. Whenever the EFtC issues a U5 under WAC 1y7-11-360(3). the ERC
shall state the scoping proc;edure fur the proposal in the DS as
reyuired in WAC 197-11-408 and in the public notir,e.
(B) Whenever the EI�C issues a L"U�IS under WAC 197-11-455(5) or a S�I5 under
WAC 197-11-62U. notice of tf�e availability of tt�ose documents shall be
given by:
1. Indicating the availability of the DEI5 in any public notice required
for a nonexempt license;
2. Posting the property. for site-specific proposals; and
3. Publishing notice in a newspaper of general circulation in the
county� city, or general area wher� the proposal is located.
(C) Whenever possible� the ERC shall integrate the public notice required
.
under this section with existirig notice procedures for the City s nonexempt
permit(s) or approval(s) required for the proposal.
' (D) The �RC may require an applicant to complete the public notice
requirements for the applicant's proposal at t�is or her expense.
4-2819: UtSIGNATION OF� UF�FICIAL TO P�HFURM CONSULT�D AGENCY
� FtESPUNSIBTLIT IES F OFt THE CI1 Y:
(A) The �C�C. or its designate� shall be responsible for preparation of written
c:omments for the City in response to a c:onsultation request pri�r to a
thresliold determination, participation in s�oping. and reviewing a D�I5.
I �
, ' , . ,
, ' � , �� � ORDINT-�NCE Iti�. 3891 � � , ' ,
, - 14 -
(B) The ERC, nr its designate. shall be respunsibl� for the City complianc:e
with WAC 197-11-550 whenever the City is a consulted agency and is
authorized to develop operating proc:edures that will ensure that responses ,
to consultation requests are pre�ared in a timely fashion and include data
from all appropriate departments of the City.
PAFtT SIX
USING �XIS7ING ENVII�UNMEN�fAL UOCUMENT5
4-282U: PUFtP05� OF" THIS PART ANU ADOPTION BY I"�EF�RkNCE: this part
contairis rules for using and supplementing existing environm�ntal
documents prepared under SEPA or National �nvironmental Policy Act
(NEPA) for ttie City's own environmental compliance. The City adopts the
following sections by reference:
WAC
197-11-600 When to use existing environmental documents.
197-11-610 Use of NEPA doc:uments.
197-11-620 Supplemer�tal environmental impact statement -
Procedures.
197-11-625 Addenda - Procedures.
197-11-630 Acioption - Procedures.
197-11-6�5 Incorporation by reFerence - Procedures.
197-11-640 Combining documents.
PAF�1" SEVEN
5�PA AND AG�:NCY L7ECISIUNS
4-2821: PURPUSk UF� THIS PART AND ADOPIIUN t3Y FtEF�EFi�NC�.: 7his part
contains rules (and policies) for 5�PA's substantive authority� such as
decisions to mitigate nr reject proposals as a result of 5�PA. �l"f�is part
also contains procedures for appealing SEPA determinations to agencies or
the courts. The City adopts the following se�tioris by reference:
WAC
197-11-650 Purpose of this part.
197-11-65 5 Imple menta tion.
197-11-660 Substantive authority and mitigation.
197-11-680 Appeals.
4-2822: SUBSTAN7IVE AU7HOFtITY:
(A) The policies and goals set forth in ttiis ordinance are supplementary to
those in the existing authorization of the City of Renton, King County.
(B) The City may attach conditions to a permit nr approval for a proposal so
long as:
�
� 1
' � � ORDINA�CE NO. 3891 � � '
• , , , � � � , ,
, - 1S -
1. Such conditions are necessary to mitigate spec:ific probable adverse �
, environmental impacts identified in environmental documents
prepared pursuant to this ordinance; and
2. Such conditions are in writing; and
3. 7he mitigation measures included in such conditions are reasonable I
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
S. Such conditions are based on one or more policies in subsection (E)
of this section and cited in the license or other decision document.
(L') �fhe City may deny a permit or approval for a proposal nn the basis of
S�PA so long as:
1. A finding is made that approving the propos�l would result in
probable significant adverse environmental impac:ts that are
identified in a F��IS or final StIS prepared pursuant to this
orciinance; and
2. A finding is made that there are no reasonable mitigation measures
capable of beir�g accomplished that are sufficient to mitiyate the
identified impact; and
3. The denial is based on one or more policies identified in subsection
(E) of this section and identified in writing in the decisiun
document.
(D) Where a FEIS or DNS has been prepared� the ERC may recommend to the
decision-maker those reasonable conditions necessary to mitigate or avoid
the adverse impacts of the proposal. Said recommendation shall be
adopted as a condition of approval� unless the decision-mak�r identiFies in
writing a substantial error in fact or conclusion by the ERC. Based upon
such finding, the decision-maker may revise the recommended conditions
or may remand the proposal to the EFZC for reconsideration. Nothing in
ttiis provision shall be deemed to limit the authority of the decision-maker
to impose conditions under SEPA beyond those recommer�ded by ERC or to
condition or deny a proposal based upon other statutory authority.
(E) 7he City designates and adopts by reference the following polic:ies as the
basis for the City exercise of authority pursuant t� this section:
1. �rhe City shall use all practicable means, consist�nt with other
essential considerations of 5tate policy. to improve and coorciinate
plans� Functions, programs, and resources to the end that th� state
and its citizens may:
�.---�-�,
y ; , ORDINANCE �10; 3891 ' , � .
- 16 -
(a) Fulfill the responsibilities of each generation as trustee of
the environment for succeeding generations;
(b) �ssure for all people of Washington safe, healthful.
productive, and aesthetiCally and cultur�lly pleasing
surroundings;
(c) Attain the widest ranye of beneficial uses of the
environment without degradation. risk to healtt� or safety,
or other undesirable and unintendeci 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 higt� standards of living and a wide
sharing o�f 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.
3. 7he City adopts by reference the policies in the following City
codes� ordinances. resolutions, and plans as they currently appear
and as hereafter amended:
1y76 - Planning Commission
1976 - Cedar t�iver Master Plan
1978 - Airport Master Plan
1980 - 5outheast i�tentun Plan
1981 - Northeast Renton Plan
1981 - Policies �lement/Comprehensive Plan
1983 - Comprehensive Solid Waste Management Plan
1983 - Shoreline Management Plan
1983 - Central I�enton Plan
1984 - Comprehensive Water Plan
1984 - Comprehensive 5ewer Plan
1984 - Comprehensive Park and Recreation Plan
1984 - Green F2iver Valley Plan
5ix-year Street Plan
City of Renton Zoning Code
Uniform Building Code
Uniform Fire Code
Uniform Mechanical Code
. i
, . , , , ORDIN��NCE �TO� 3891 , , - ,
- 17 -
Street Arterial Plan I
Uniform Electrical Code I
State Energy Code �
(F) Except for permits and variances issued pursuant to Title IV� Chapter 25 of
the City Code (Shoreline Master Program). when any proposal or action is
granted. conditioned� or denied on the basis of SEPA by a non-elected
official. the decision shall be appealable to the Hearing E:xaminer under the
provisions of 4-2823(B).
4-2823: APPEALS:
(A) The City establishes the followiny administrative appeal procedures under
RCW 43.21C.075 and WAC 197-l1-680:
1. Any agency or person may appeal the City's compliance with
Chapter 197-11 WAC for issuance of the following:
(a) A Final DN5: 'The app�al of the UNS must be made to the
Heariny kxaminer within fourteen (14) days of the date the
DN5 is final.
(b) �1 IUS: �l�he appeal must be made to the Hearing �xaminer
within fourteen (14) days of the publication date of the t�5
in the official City newspaper.
(c) An E15: 7he appeal of the F��.IS must be made to the
Hearing Examiner within twenty (20) days of the date the
permit or other approval is issued.
2. F�or any appeal under this subsection, the City shall provide for a
record that shall consist of the following:
(a) Findings and conclusions;
(b) Testimony under oath; and
(c) A taped or written transcript.
3. The City may require the appellant to provide an electronic
transcript.
4. The procedural determination by ttie ERC shall carry substantial
weight in any appeal �roceeding.
(B) �pplications to kxaminer: Appeals from environmental determinations as
set forth in this ordinance may be taken to the Hearing �xaminer by any
person agyrieved. or by any officer, department, board or bureau of the
City affected by such determination.
1. Any such appeal shall be filed in writing.
�
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, � ; � � ORDINANCE NQ�� 3891 , , � ,
, - 18 -
2. Immediately upon receipt of the notice of appeal. the Hearing '
�xaminer shall forward to the officer from whom the appeal is
being taken a copy of th� nntice oF appeal. Upon receiving such
notice, the officer from whom the �ppeal is being taken shall
transmit tn tt�e Hearing �xaminer all of the records pertaining to
the decision being appealed, together with such additional written
reports as are deemed pertinent. �l'he Examiner may request
additional information from the applicant.
3. A written notice of the time and place of the hearing at which the
appeal shall be considered by the �xaminer shall be mailed to ttie
applicant, all parties of record in the case, and to the ofFicer from
whom the appeal is taken not less than ten (10) days prior to the
date of the hearing.
4. The Examiner may hear and consider any pertinent facts pertaining
to the appeal. The Examiner may affirm the decision or remand
the case for further proceedings; or it may reverse the decision if
the substantial rights of the applicant may have been prejudiced
because the decision is:
(a) In violation of constitutional provisions; nr
(b) In excess of the authority or jurisdiction of th� agency; or '',
(c) Made upon unlawful procedure; or
(d) Affected by other error of law; or
(e) Clearly erroneous in view of the entire record as
submitted; or
(f) Arbitrary or capricious.
To that end. the �:xaminer shall have all of the powers of the office
from whom the appeal is taken insofar as the decision on the
particular issue is concerned.
5. Any appeal of the action of the Hearing txaminer in the case of
appeals from environmental determinations shall be joined with an
appeal of the substantive determination. If an appeal from an
environmental determination is to be made, notice oF intent to
appeal the environmental determination must be given to the City
within 20 calendar
days from the date of procedural decision. Appeal to the Superior
Court of the environmental decision and the substantive
determination must be made within 20 days of the substantive
determination and must be made by writ of review to the 5uperior
Court of Washington for King County.
6. There shall be no more than one appeal on a procedural
determination or environmental determination such as the
adequacy of a determination of significanc�/non--significance or o�
a final environmental impact statement.
i
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, . , , ORDIN,AN(�E ,NO. 3891 ' � . ' ,
, - 19 -
(C) The City shall give official notice under WAC 197-11-680(5) whenever it
issues a permit or approval for which a statute or ordinance establishes a
time limit for commencing judicial appeal. �
4-2824: NOT�ICE/S7A1"UTE OF LIMITATIONS:
(A) (1) The City, applicant for, or proponent of an action may publish a notice
of action pursuant to I�CW 43.21C.080 for any action.
('L) �fhe form nf the notice shall be substantially in the form provided in
WAC 197-11-990. The notice shall be published by the City Clerk or
County Auditor� applicant or proponent pursuant to RCW 43.21C.080.
PAt=t�T �IGH�r
DEF INI�T10N5
4-2825: PUF�tPOS� UF 1'HIS PAt=t�f ANU ADUP�I�ION BY RtF��R�NC�.: This part
contains uniform usage and definitions of terms under S�PA. The City
adopts the following sections by reference, as supplemented by W�1C
173-806-040:
WAC
197-11-700 Ue finitions
197-11-702 Act.
197-11-704 Action.
197-11-706 Addendum.
197-11-708 Adoption.
197-11-�10 �lffected tribe.
197-11-712 Affecting.
197-11-714 Agency.
197-11-716 Applicant.
197-11-718 Built environment.
197-11-720 Categorical exemption.
197-11-722 Consolidated appeal.
197-11-724 Consulted agency.
1y7-11-726 Cost-benefit analysis.
197-11-728 County/city.
197-11-730 IUecision maker.
197-11-732 IUepartment.
197-11-734 Determination of nonsignificance (DNS).
197-11-736 Uetermination of significance (DS).
197-11-738 �1S.
197-11-740 Environment.
197-11-742 Environmental checklist.
197-11-%44 �nvironmental document. '
197-11-746 �nvironmental review.
197-11-748 Environmentally sensitive area.
197-11-750 Expanded scoping.
197-11-752 Impacts.
197-11-754 Incorporation by reference.
II
, , ; ORDINANCE NO., 3891 ' ,
, . , , , � , .
� - 20 -
lq7-11-756 Lands cnvered by water.
197-11-758 Lead agency.
197-11-760 License.
197-11-762 Local agency.
197-11-764 Ma jor action.
197-11-766 Mitigated UNS.
197-11-768 Mitigatinn.
197-11-770 Natural environment.
197-11-772 NEPA.
197-11-774 Nnnpro jeCt.
197-11-776 Phased review.
197-11-778 Prepara tion.
197-11-780 Private project.
197-11-782 Probable.
197-11-784 Proposal.
197-11-786 Reasonable alternative.
197-11-788 Ftesponsible official.
197-11-790 5�PA.
197-11-792 5cope.
197-11-79� Scoping. ,
197-11-794 SigniFicant. I
197-11-796 5tate ayency. �
197-11-797 T hreshold determina tion.
197-11-799 Underlying governmental a�tion. �
(A) Unless the context c:learly required otherwise:
1. Use of the singular shall include the plural and conversely.
2. "Preparation" of environmental documents refers to preparing or
supervising the preparation of documents, includiny issuing, filing,
printing� circulating� and related requirements.
3. "Impact" refers to environmental impact.
4. "Permit" means "license" (WAC 197-11-760)
5. "Commenting" includes but is not synonymous with "consultation."
6. "Environmental cost" refers to adverse environmental impact and
may or may not be quantified.
7. "EIS" refers to draft, final� and supplemental EISs (WAC
197-11-405 and WAC 197-11-738).
8. "Under" includes pursuant to, subject to� required by, established
by� in accordance with, and similar expressions of legislative or
administrative authorization or direction.
, , � ORDINANCE ,NO,. 3891 � ' ,
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(B) In these rules: '
1. "Shall" is mandatory. j
2. "May" is optional and permissive and does not impose a I'
requirement.
3. "Include" means "include but not limited to"
(C) The following terms are synonymous:
1. kffect and impact (WAC 197-11-752).
2. �nvironment and envirorimental quality (WAC 1q7-11-740).
3. Major and sigriificant (W�C 197-11-764 and WAC 197-11-794).
4. Proposal and proposed action (WAC 197-11-784).
5. Probable and likely (WAC 197-11-782).
(D) AC�C: "�ction means the State Environmental Policy Act of 1971� Chapter ,
43.21C RCW, as amended, which is also referred to as "SEPA". ',
(�) AC�ION:
1. "Actions" include, as further specified below:
(a) New and continuing activities (including project and
programs) entirely or partly �Financed, assisted, conducted,
regulated� licensed, or approved by agencies;
(b) New or revised agency rules. regulations, plans, policies. or
procedures; and
(c) Legislative proposals.
2. Actions fall within one of two categories:
I (a) Proiect Ac:tions: A project action involves a dec:ision on a
speciFic project, such as a c:onstruction or management
activity located in a defined yeographic: area. Projects
, include and are limiteci to agency decisions to:
(1) Licerise. fund, or undertake any activity tt�at will
' directly modiFy the envircmment. whether the
activity will be conducted by the agency, an
applicant, or under contract.
(2) Purc:hase, sell, lease� transfer, or exchange natural
resources, including publicly owned land, whether
�r not the environment is directly modified.
� .�� ORD INA?�T�E N,Q., 3 8 91 ` , � .
. - 22 -
(b) Nonproiect Actions: Nonproject ac:tinns involve decisions
on policies. plans, or prugrams.
(1) 1"he adoption of amendment of legislation,
ordinances. rules. or reyulations that contain
standards controlling use or modification of ttie
environment;
(2) �T he adoption or amendment of comprehensive land
use plans or zoning ordinances;
(3) The adoption of any policy, plan, or program that
will govern the development of a series of
, connected actions (W�1C 197-11-060), but not
including any policy, plan. ur program for which
approval must be obtained from any federal agency
prior to implementation;
' (4) Creation of a district or annexations to any city.
town or district;
(S) Capital budgets; and
6 Road. street. and tii hwa lans.
� ) 9 YP
3. "Actions" do not include the ar.tivities listed above when an ag�ncy
is not involved. Actions do not include bringing judicial or
administrative c:ivil or criminal enforcement actions (certain
categorical exemptions in Part Nine identify in more detail
governmental activities that would not have any environmental
impacts and for which SEPA review is not required).
(F) AUDENDUM: "Addendum" means an environmental document used to
provide additional information or analysis that does not substantially
change the analysis of significant impacts and alternatives in the existing
environmental document. ��he term does not inclue supplemental EISs. An
addendum may be used at any time during the 5EPA process.
(G) ADOPTION: "Adoption" means an agency's use of all or part of an existing
environmental document to meet all or part of the agency's responsibilities
under 5EPA to prepare an EI5 or other environmental document.
(H) AFFECTEU TR1BE: ��ffected tribe or "treaty tribe" means any Indian
tribe, band� nation or community in the state of Washington, that is
federally recognized by the United States Secretary of the Interior anci
that will or may be aFfected by the proposal.
(I) AI=F�EC�f ING: "Affecting" means having, or may be having. an effect on
(see WAC 197-11-752 on impacts). �or purposes of de�iding whether an
kI5 is required and what the �I5 must c:over, "af Fecting" refers to having
probable, significant adverse environmental impacts (FtCW 43.21.C.031 and
43.21 C.110(1)(c)).
L
,
, . ; � ORDINAl`dCE NC.,, 3891 ' , � .
. - 23 -
(J) �GENCY:
I. "Agency" means any state or local governmental body. board.
commission, department, or officer auth�riz�d to make law, tiear
contested cases. or otherwise take the actions stated in WAC
197-11-704� except the judiciary and state legislaturc3. An ayency
is any state ayency (W�C 1y7-11-796) or local agenc:y (WAC
197-11-762).
2. "�gency with environmental expertise" means an ayency with
special expertise nri ttie envir�nmental impacts involved in a
proposal or alternative significantly affecting tt�e environment.
�l"hese agencies are listed in WAC 197-11-920; the list may be
ex anded in a enc rocedures WAC 197-11-906 . 7he
P 9 Y p � )
appropriate ayencies must be consulted in the environrnental
impact statement process, as required by WAC 197-11-502.
, 3. "Agency with jurisdiction" means an agency with authority to
approve, veto, or finance all or part of a nonex�mpt proposal (or
part of a proposal). T�he term does not include an agency
authorized to adopt rules or standards of general applicability that
could apply to a proposal, when no license or approval is required
from the agency for the specific proposal. 7he term also does not
include a local. state. or federal agency involved in approving a
grant or loan, that serves only as a conduit between the
primary administ�ring agency and the recipient of th�
yrant or loan. Federal agencies with jurisdiction are those from
which a license or funding is snught or required.
4. If a specific agericy has been named in these rules. and the
func:tions of that agency have changed or been transferred tn
another ayency. the term shall mean any successor agency. ;
5. F or those prnpnsals requiring a hydraulic projec:t approval under
I�CW 75.20.100. both the department of yame and the department
of fisheries shall be consiciered agencies with jurisdiction.
(K) APPLICANT: "Applicant" means any person or entity, including an agency,
applying for a license from an agency. Application means a r�quest for a
license.
(L) BUIL�i �NVIRUNMEN7: "13uilt environment" means the elements �f the
environment as speciPied by RCW 43.21C.110(1)(F) and 197-11-444(2).
which are generally built or made by people as contrasted with natural
processes.
, ; � , ORDIN��N�E i1n, 3891 ` � �
, - 24 - � �
(M) CA7�EGOKICAL �X�MPTION: "C�tegorical exemption" means a type of
actinn� specified in these rules� which dnes not significantly affect the
environment (FtCW 43.21C.110(1)(a)); categorical exemptior�s are found in
Part Nine of these rules. Neither a threshold d�termination nor any
environmental document. including an environmental checklist or
environmental impact statement. is required for any c;ategorically exempt
ar.tion (RCW 43.21C.031). These rules provide for those circumstances in
which a specific action that would fit within a categorical exemptiori shall
not t�e considered categorically exempt (WAC 197-11-305).
(N) CONSOLII�A7EU APPEAL: "Consolidated appeal" means th� procedure
requiring a person to file an agency appeal challenging both procedural and
substantive compliance with SEPA at the same time. as provided under
RCW 43-21C.075(3)(b) and the exceptions therein. If any agency does not
have an appeal procedure for challenging either the agency's procedural or
its substantive SEPA determinations. the appeal cannot be consolidated ,
prior to any judicial review. T he requirement for a consolidated appeal i
does not preclude agencies from bifurcating appeal proceedings and '
allowing difFerent agency ofFicials to hear different aspects of the appeal. �,
(WAC 197-11-680) '
(0) COST-BtN�F�IT �N�LYSI5: "Cost-benefit analysis" means a quantified
comparison oF c�sts and benefits generally expressed in monetary or
numerical terms. It is not synonymous with the weighiny or balancing of
environmental and other impacts or benefits of a proposal.
(P) CUUNTY/CI1�Y: "County/city" means a county, c:ity, or town. In this
chapter, duties and powers are assiyned to a county, c:ity� or town as a
' unit. The delegation of responsibilities among the various departments o�f a
county. city� or town is left to the legislative or charter authority uf the
individual counties� cities, or towns.
(Q) DECISION MAKER: "Decision maker" means the agency official or
officials who make the ayency's decision on a proposal. The decisionmaker
and responsible official are not necessarily synonymous, depending on the
agency and its SEPA procedures (WAC 197-11-906 and WAC 197-11-910).
(R) DEPARTMENT: "Department means the Washington 5tate Department of
Ec�logy.
(S) DE7ERMTNATION OF NONSIGNIFICANCE (DNS): "Determination of
nonsignificance" (DNS) means the written decision by the responsible
official of the lead agency that a proposal is not likely to have a significant
adverse envimnmental impact� and therefore an tIS is not required (WAC
1y7-11-310 and WAC 197-11-340). The UNS form is in WAC 197-11-970.
. �, , .�, ORDINA�N�E rl�,. 3 8 91 ' , , ,
. - 25 -
(1") DETERMINATION OF SIGNI�ICANCE (DS): "Determination of
significance" (DS) means the written decision by the responsible official of �
the lead agency that a proposal is likely to have a significant adverse '
environmental impact, snd therefore an EIS is required (WAC 197-11-310 '
and WAC 197-11-360 . 7he DS form is in WAC 197-11-980 and must be
)
used substantiall in that form.
Y
(U) EIS: "E.I5" means environmental impact statement. The term "detailed
statement" in RCW 43.21C.030(2)(c) refers to a final E1S. The term "EIS"
as used in these rules refers to draft, final, or supplemental EISs (WAC
' 197-11-405).
(V) ENVIRONM�N`I�: "�nvironment" means. and is limited to, those elements
i listed in W AC 1 y7-1 I-444. as required by F�C W 43.21 C.110(1 xf).
Environment and environmental quality refer to the state of the
environment and are synonymous as used in these rules and refer basically
t� physical environmental quality.
(W) �NVIFtONMENl-AL CH�CKLI5�t: "�nvironmental checklist" means the
form in WAC 197-11-960. Rules for its use are in WAC 197-11-315.
(X) ENVTF2UNMENTAL DOCUMEN7: "Environmental document" means any
written public document prepared under this chapter. Under SEPA. the
terms environmental analysis� environmental study, environmental report,
and environmental assessment do not have specialized meanings and do no
refer to particular environmental documents (unlike various other state or
federal environmental impact procedures).
(Y) ENVIRONMEN'f��1L FtEV1EW: "Environmental review" means the
consideration of environmental factors as required by SEPA. 7he
"environmental review process" is the procedure used by agencies and
others under SEPA for giving appropriate consideration to the environment
in agency decisionmaking.
(Z) ENVIFiONMENTALLY S�N5ITIVE �1R�A: "tnvironmentally sensitive area"
means an area designated and mapped by the City under WAC 197-11-908.
Certain categorical exemptions do not apply within environmentally
sensitive areas (W�C 197-11-�05, WAC 197-11-908. and Part Nine of
these rules).
(A�1} �:XPANIUED 5CUPING: "�.xpanded scuping" is an optional process that may
be used by agencies to go beyond minimum scoping requirements.
(�3B) IMPAC�I�S: "Impacts" are the effects or consequences of actions.
Environmental impacts are effects upon the elements of the environment
listed in WAC 197-11-444.
(CC) INCURPOFtAT ION BY REF'EFtENC�: "Incorporation by reference" means
the inclusion of all or part of any existing document in an agency's
environmental documentation by reference (W�1C 197-11-600 and WAC
197-11-635).
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(Uu) LANDS CUV�R�D BY WA'l�tF2: "Lands covered by water" means lands
underlying the water areas of the state below the ordinary high water
mark, including salt waters. tidal wat�rs, estuarine waters. natural water
courses, lakes, ponds, artificially impounded waters, marshes, and swamps.
Certain categorical exemptions do not apply to lands covered by water, as
specified in Part Nine.
(E�) LEAU AGENCY: "Lead agency" means the agency with the main
responsibility for complying with S�PA's procedural requirements (WAC
197-11-05U and WAC 197-11-922). The procedures For determining lead
agencies are in Part T�en of these rules. "Lead agency" may be read as
"responsible off icial" (W AC 197-11-788 and W AC 197-11-910) unless the
context clearly requires otherwise. Depending on the agency and the type
of proposal, for example. there may be a difference between the lead
agency's responsible official. who is at a minimum responsible for
procedural determinations (such as WAC 197-11-330, 197-11-455,
197-11-460) and its decisionmaker� who is at a minimum responsible for
substantive determinations (such as WAC 197-11-448, 197-11-655, and
197-11-660).
(FF�) LICENSE: "License" means any form of written permission given to any
person. organization� or agency to engage in any activity, as required by
law or agency rule. A license includes all or part of an agency permit,
certificate, approval, registration, charter, or plat approvals or rezones to
facilitate a particular propasal. �I�he term does not include a license
required solely for revenue purposes.
(GG) LOCAL AG�NCY: "Local agency" or "local government" means any
political subdivision, reyional gnvernmental unit, district, municipal or
public corporation� including cities, tnwns, and counties and their
legislative bodies. 1 he term encompasses but does not refer specifically to
the departments within a city or county.
(HH) MAJOFt ACTION: "Major action" means an action that is likely to have
significant adverse environmental impacts. "Major" reinforces but does not
have a meaning independent of "significantly" (W�1C 197-11-794).
(II) MITIGATEU DN5: "Mitigated UNS" means a DNS that includes mitigation
measures and is issued as a result of the process specified in WAC
197-11-350.
(:1J) MI7IGAT ION: "Mitigation" means:
1. Avoiding the impact altogether by not taking a certain action or
parts of an action;
2. Minimizing impacts by limiting the degree or magnitude of the
action and its implementation, by using appropriate technology. or
by taking affirmative steps to avoid or reduce impacts;
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3. Rectifying the impact by repairing, rehabilitating� or restoring the
affected environment;
4. Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action;
5. Compensating for the impact by replacing, enhancing, or providing
substitute resources or environments; and/or
6. Monitoring the impact and taking appropriate corrective measures.
(KK) N�1�URnL �NVIRONM�NT: "Natural environment" means those aspects
of the environment contained in WAC 197-11-444(1), frequently reFerred
to as natural elements, or resources. such as earth. air, water, wildliFe. and
energy.
(LL) NtPn: "N�PA" means the National �nvironmental Policy nct of 1969 (42
U5C�1 4321 et seq.; P.L. 91-190)� that is like 5�PA at the federal level.
7�he federal N�PA regulations are located at 40 CF�1=2 1 S00 et seq.
(MM) NONPF�UJ�C1�: "Nonproject" means actions which are different or broader
than a single site specific project. such as plans. policies. and programs
(WAC 197-11-704).
(NN) PHASED F�2EVIEW: "Phased review" means the coverage of general matters
in broader environmental documents� with subsequent narrower documents
concentrating solely on the issues specific to the later analysis [WAC
197-11-060(S)]. Phased review may be used for a single proposal or EIS
(WAC 197-11-060).
(00) PREPARATIUN: "Preparation" of an environmental document means
preparing or supervising the preparation of documents. including issuing.
filing, printing� circulating. and related requirements [see WAC
197-11-700(2)].
(PP) PI�IVAT�E PROJECT: "Private project" means any proposal primarily
initiated or sponsored by an individual or entity other than an agency.
(QQ) Pt�UBABLE: "Probable" means likely or reasonably likely to occur, as in "a
reasonable probability of more than a moderate effect on the quality of the
environment" (see W�C 197-11-794). Probable is used to distinguish likely
impacts from those that merely have a possibility of occurring, but are
remote or speculative. �t his is not meant as a strict statistic;al probability
test.
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(RR) PROPOSnL: "Proposal means a proposed action. �1 proposal includes bnth
actions and regulatory decisions of agencies as well as any actions proposed
by applicants. A proposal exists at that stage in the development of an
action when an agency is presented with an applicaton, or has a goal and is
actively preparing to make a decision on one or more alternative means of
accomplishing that goal, and ttie environmental effects can be
meaningfully evaluated. (See WAC 197-11-055 and WAC 1y7-11-060(3).)
� proposal may therefore be a particular or preferred course of action or
several alternatives. F�or this reason� ttiese rules use the phrase
"alternatives including the proposed action." 'Che term "proposal" may
therefore include "other reasonable courses of action," if there is no
preferred alternative and if it is appropriate to do so in the particular
context.
(SS) REASONABLE �1LIERNA�f1VE: "Reasonable alternative" means an action
that could feasibly attain or approximate a proposal's objectives, but at a
lower environmental cost or decreased level of environmental degradation.
Reasonable alternatives may be those over which an agency with
jurisdiction has authority to control impacts, either directly, or indirectly
through requirement of mitigation measures. (See WAC 197-11-440(5) and
WAC l97-11-660.) Also see the definition of "scope" for the three types of
alternatives to be analyzed in EISs (WAC 197-11-792).
(TT) RE5PONSIBI�E O�F IC1AL: "Responsible nfficial" means that officer or
officers� committee, department. or section of the lead agency designated
by agency SEPA procedures to undertake its procedural responsibilities as
lead agency (WAC 197-11-910).
(UU) SEPA: "SEPA" means the 5tate Environmental Policy Act of 1971 (Chapter
43.21C RCW)� which is also referred to as the Ac;t. �t�he "SEPA pror,ess"
means all measures necessary for compliance with the act's requirements.
(VV) SCOP�:
1. "Scope" means the range of proposed actions, alternatives, and
impacts to be analyzed in an environmental document [WAC
197-11-060(2)].
2. �ro determine the scope of environmental impact statements,
agencies consider three types of actions. three types of impacts.
and three types of alternatives.
(a) Actions may be:
(1) 5ingle (a specific action which is not related to
other proposals or parts of proposals);
(2) Connected (proposals or parts of proposals which
are closely related under WAC 197-11-060(3) or
WAC 197-11-3d5(1); or ,
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(3) Similar (proposals that have common aspects and
' may be analyzed together under WAC
197-11-060(3).
(b) Alternatives may be:
(1) No a�tion;
(2) Other reasonable courses of action; or
� (3) Mitigation measures (not in the proposed action).
(c) Impacts may be:
(1) Direct;
(2) Indirect; or
(3) Cumulative.
3. WAC 197-11-060 provid�s general rules for the content of any
environmental review under 5�PA; Part Four and W�C 197-11-440
provide specific rules for the content of �ISs. �fhe scope of an
individual statement may depenci on its relationship with uther �ISs
or on phased review.
(WW) SCUPING: "5coping" means determininy the range oP proposed actions�
alternatives� and impacts to be discussed in an EIS. Because an EIS is
required to analyze significant environmental impacts only� scoping is
intend�d to identify and narrow the EIS to the significant issues. Tt�e
required scoping process (WAC 197-11-40$) provides interagency and
public notice of a U5� or equivalent notification. and opportunity to
comment. The lead agency has the option of expandir�g the scoping process
(WAC 197-11-410), but shall not be required to do so. Scoping is used to
encourage cooperation and early resolution of potential conflicts, to
improve decisions� and to reduce paperw�rk and delay.
(XX) SIGNIF 1CANT:
1. "Significant" as used in 5EPA means a reasonable likelihood of
more than a moderate adverse impact on environmental quality.
2. Siynificance involves context and ir�tensity (WAC 197-11-330) and
does not lend itselF to a formula or quantifiable test. 1"he context
may vary with the physical setting. Intensity depends on the
magnitude and duration of an impact.
'i'he severity of an impact should be weighed along with the
likeliho�d of its occurrence. An impact may be significant if its
chance of occurrence is not great, but the resulting environmental
impact would be severe if it oc:curred.
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3. WAC 197-11-330 specifies a prvicess, including criteria and
procedures� for determininy whether a proposal is likely to have a '
significant adverse envimnmental impact.
(YY) S1'�11't AG�NCY: "State agency" means any state board, commission,
department, or officer, including state universities, colleg�s, and �
community colleges, that is authorized by law to make rules. hear
contested cases, or otherwise take the actions stated in WnC 197-11-704,
�xc:ept the judiciary and stat� legislature. ,
(LZ) 1 HF�tESHOLD D��f EI�MINAl IUN: "T hreshold determination" means the �
, decision by tt�e responsible official of ttie lead agency whether or not an
�1S is required Fnr a proposal that is not categori�ally exempt [WAC
197-11-310 and WAC 197-11-330(1)(b)].
(AAA) UNDER�YING GUV�RNMENTAL ACTION: "Underlying government
action" means the governmental action. such as zoning or permit approvals,
that is the subject of SEPA compliance. I
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PAF�T NINE
CA1"�GORICAL �XEMPIIONS
4-2826: AUUPTION BY FtEFEFtENCE: The City adopts by referen�e the following
rules for categorical exemptions� as supplemented in this ordinanc�,
includiny WAC 173-806-070 (Flexible Thresholds), WAC 173-806-080 {Use
of exemptions), and WAC 173-806-190 (Environmentally sensitive areas):
WAC
197-11-800 Categorical exemptions.
197-11-880 E mergencies.
197-11-890 Petitioning DOE to change exemptions.
PAR1 7EN
�1GENCY CUMPLI�NCE
4-2827: PU(�PU5� OF" ��HIS PART AND �UOPTIUN !3Y F�t�FEI��NCF�: This part
contains rules for agency compliance with S�PA, including rul�s fur
� charging fees under the SkPA process, designating environmentally
, sensitive areas� listing ayenc;ies with environmental expertise, selecting the
lead agency, and applying these rules to curr�nt agenc:y activities. l t�e
City adopts the Following sections by reference, as supplemented by WAC
173-806-OSO and 173-806�-OS3 and this part:
WAC
197-11-9U0 Purpose of this part.
197-11-9U2 Agency SEPA policies.
197-11-916 Application to ongoiny actions.
197-11-920 Agencies with environm�ntal expertise.
197-11-922 Lead agency rules.
197-11-924 Determining 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 reyuiring licenses fmm
more than one agency, when one of the agenc:ies is a
county/city.
197-11-934 Lead agenr.y for private projects requiring licenses from a
local ager�cy, not a county/city. and one or more state
agencies.
197-11-936 Lead agency �For private projects requiriny licenses from
, more than one state ayency.
197-11-938 Lead agencies for specific prop�sals.
197-11-940 �I�ransfer of lead agency status to a state agency.
197-11-942 Agreements on lead agency status.
197-11-944 Agreements �n division of lead agency duties.
197-11-y46 DUE resolution of lead ayency disputes.
197-11-948 Assumption oF lead agency status.
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4-2828: ENVIRONMEN'I�ALLY SENSIIIVE AREAS:
(A) The map(s) filed under _4rdinance #3891 designate the location of
environmentally sensitive areas within the City and are adopted by
reference. These include Greenbelts designated in the Comprehensive
Plan, Conservancy and Natural envir�nments of the Shoreline Master
Program. and the 100-year floodway rnappeci under the Federal F�lood
Insurance Program. F or eacli environmentally sensitive ar�a. the
exemptions within W�C 197-11-800 that are inapplic:able �for that area are:
197-11-80U(1)
1 y7-11-80U(2)(d,e,g)
197-11-800(6){a)
197-11-800(24)(a,b,c�d,f.g)
197-11-800(2S)(f. h)
Unidentified exemptions stiall continue to apply within environmentally
sensitive areas of the City.
(B) The City shall treat proposals located wholly or partially within an
environmentally sensitive area no differently than other proposals under
this ordinance� making a threshold determination for all such proposals.
The City shall not automatically require an EIS for a proposal merely
because it is prnposed for location in ari environmentally sensitive area.
(C) Certain exemptions do not apply on lands covereci by water, and this
remains truc� regardless of whether or not lands covered by water are
rnapped.
4-2829: F EES: The City shall require the following fees for its ac:tivities in
accordance with the provisions of this ordinance:
(A) Threshold determination. F or every environmental ct�ecklist the City will
review when it is lead agency� the City shall collec:t a fee from the
proponent of the proposal prior to ur�dertaking the threst�old
determination. 'Ttie time periods provided by this ordinance for making a
tf�reshold determination stiall not beyin to run until payment of the fee.
(B) �.nvironmental impact statement.
I. When the City is the lead agency �for a proposal requiriny an �T5
and the EF2C determines that the tIS shall be prepared by
employees of the City, the City may charge and collect a
reasonable fee from any applicant to cover costs incurred by t�ie
City in preparing the EIS. The EFtC st�all advise the applicant(s) of
the projec:ted costs for the EIS prior to actual preparation; the
applicant shall post bond or otherwise ensure payment of such costs.
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2. �t he ERC may determine that the City will c�ntra�t directly witt� a
consultant f�r preparation of an �IS� or a portion of the EI5, for
activities initiated b some ersnns or entit other than the Cit
Y N Y Y
and may bill such costs and expenses directly to the applicant. Ttie
City may require the applicant to post bond or otherwise ensure
payment of such costs. Such consultants shall b� selected by
mutual agreement of the City and applicant after a call for
prop�sals.
3. lf a proposal is modified so that an EIS is no longer required. the
EF2C shall refund any fees collected under (B) 1 or (B) 2 of this
subsection which remain after incurred costs are paid.
(C) The City may collect a reasonable fee from an applic:ant to r.over the cost
of ineetiny the public notice requirements of this ordinance relating to the
applicant's proposal.
(D) The City shall not collec:t a fee for performing its duties as a cnnsulted
agency.
(�) The City may charge any person for cupies of any document prepareci under I,
this orciinance, and for mailinc� the document, in a manner provided by '�
Chapter 42.17 RCW.
(F) 5p�cific fees �for the ac:tivities described above are set forth in 1"itle I,
Ctiapter 41 (Fee Scfiedule) of the City Code.
PA1�t�f EL�VEN
F Of=tMS
4-2830: ADUPI�ION BY REFEKENCE: 7he city adopts the followirig forms and
' sections by reference:
WAC
197-11-960 Environmental chec;klist.
197-11-965 Adoption notice.
197-11-970 Determination of nonsignif icance (DNS)
197-11-980 Determination of significance and scoping notice (DS)
197-11-985 N�tice of assumption of lead agency status.
197-11-990 Notice of action.
4-2831: FtEPEAL: Chapter 28, Title 1V of the City Code is hereby repeal�d.
4-2832: EF�FECTIVE U�TE: 7he effec:tive date of this nrdinance
is February 25th, 1985 .
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�I 4-2833: SEVERABILITY: If any prc�vision of this ordinance or its a lication to an
Pp Y
person or circumstance is held invalid� the remainder of this ordinance, or
the application of the provision to other persons or circumstances. shall not
be affected.
PASSED BY T�H� CITY COUNCIL this 25th day of February, l985.
. ��y,
i�'�
��c-e� �o!�"L-L����
� Maxine E. Mntur Cit Clerk
. Y
APPFtOVED 13Y �i H� MAYOI� this 2 5 th day of F�ebruary. 1985.
,
�/_
John W. Reed Ma or Pro tem '
. Y
A roved as to form:
PP
C��"`.'�-''^�,'�
Lawrence J. Warren�ity Attorney
Date of Publication: March 1, 19 8 5 (Summary)
� ' ORDINANCE NO. 3891
� . y ' � , ' , .. REF'►ERENC� : ' � , -
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SHORELINE MASTER PROGRAM �
CITY OF RENTON ,�
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DECEMBER 5, 1983
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� � ORDINANCE NO. 3891
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