HomeMy WebLinkAboutORD 5951
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CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5951
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
4‐9‐070, ADDING A DEFINITION OF CHANNEL MIGRATION ZONE IN 4‐11‐030,
AND AMENDING THE DEFINITION OF “ENVIRONMENTAL REVIEW COMMITTEE
(ERC)” IN SECTION 4‐11‐050, OF THE RENTON MUNICIPAL CODE, BY AMENDING
STATE ENVIRONMENTAL REVIEW PROCEDURES, PROVIDING FOR SEVERABILITY,
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on May 10, 2019, the City notified the State of
Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on June 19, 2019, considered
all relevant matters, and heard all parties in support or opposition, and subsequently forwarded
a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Section 4‐9‐070 of the Renton Municipal Code is amended as follows:
4‐9‐070 ENVIRONMENTAL REVIEW PROCEDURES:
A. PURPOSE:
This chapter contains procedures that implement the requirements of the
State Environmental Policy Act of 1971 (SEPA), Chapter 43.21C RCW, as amended,
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and the SEPA rules adopted by the state of Washington, Department of Ecology,
Chapter 197‐11 WAC. It is intended that this chapter establishes compliance with
SEPA and the SEPA rules and that compliance with the requirements of this code
shall constitute procedural and substantive compliance. The chapter provides for
a citywide approach and, to the fullest extent possible, the City will utilize a
systematic, interdisciplinary approach which seeks to ensure the integrated use of
the natural and social sciences. 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. The policies and goals set forth in this Section are
supplementary to those set forth in existing authorizations of the State and City.
B. AUTHORITY:
The City of Renton adopts this Section under the State Environmental Policy
Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197‐11‐904. The City of
Renton possesses the authority to deny or condition actions in order to mitigate
or prevent probable significant adverse environmental impacts. This authority
applies to all City activities including actions as defined in this Section.
C. GENERAL STATE REQUIREMENTS:
The City of Renton adopts as its own the policies and objectives of the State
Environmental Policy Act of 1971, as amended (chapter 43.21C RCW). The City of
Renton adopts the following sections of chapter 197‐11 WAC by reference:
WAC
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197‐11‐040 Definitions.
197‐11‐050 Lead agency.
197‐11‐055 Timing of the SEPA process.
197‐11‐060 Content of environmental review.
197‐11‐070 Limitations on actions during SEPA process.
197‐11‐080 Incomplete or unavailable information.
197‐11‐090 Supporting documents.
197‐11‐100 Information required of applicants.
D. SEPA RESPONSIBLE OFFICIAL:
For those proposals for which the City is the lead agency, the responsible
official shall be the Environmental Review Committee.
1. Committee Officials: The Environmental Review Committee shall
consist of three (3) four (4) officials designated by the Mayor with concurrence by
the City Council.
2. Committee Authority and Responsibility:
a. The Environmental Review Committee 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 applicable sections of the SEPA rules.
adopted by reference in WAC 173‐806‐020.
b. The Environmental Review Committee shall supervise compliance
with the threshold determination and, if an EIS is necessary, shall supervise
preparation of the draft and final EIS.
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c. The Environmental Review Committee is authorized to develop
operating procedures that will ensure responses to consultation requests are
prepared in a timely fashion and include data from all appropriate departments of
the City. They may also develop further administrative and procedural guidelines
for the administration by the responsible official of the provisions of this Chapter.
d. The Environmental Review Committee, or its designee, shall be
responsible for preparation of written comments for the City in response to a
consultation request prior to a threshold determination, participation in scoping,
and reviewing a draft EIS and City compliance with WAC 197‐11‐550 whenever the
City is a consulted agency.
E. OTHER AUTHORITY:
1. Hydraulic Projects: For those proposals requiring a hydraulic project
approval under RCW 75.20.100 77.55.021, the State Department of Fish and
Wildlife shall be considered an agency with jurisdiction.
2. Successor Agency: If a specific agency has been named in these rules,
and the functions of that agency have changed or been transferred to another
agency, the term shall mean any successor agency.
3. National Environmental Policy Act (NEPA): The Environmental Review
Committee is authorized to serve as the Responsible Entity for purposes of
compliance with NEPA (42 USC 4321).
F. LEAD AGENCY AUTHORITY:
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The City adopts the following sections by reference:, as supplemented by WAC
173‐806‐050 and 173‐806‐053 and this part:
WAC
197‐11‐900 Purpose of this part.
197‐11‐902 Agency SEPA policies.
197‐11‐916 Application to ongoing actions.
197‐11‐920 Agencies with environmental 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 requiring licenses from
more than one agency, when one of the agencies is a
county/city.
197‐11‐934 Lead agency for private projects requiring licenses from a
local agency, not a county/city, and one or more state
agencies.
197‐11‐936 Lead agency for private projects requiring licenses from
more than one state agency.
197‐11‐938 Lead agencies for specific proposals.
197‐11‐940 Transfer of lead agency status to a state agency.
197‐11‐942 Agreements on lead agency status.
197‐11‐944 Agreements on division of lead agency duties.
197‐11‐946 DOE resolution of lead agency disputes.
197‐11‐948 Assumption of lead agency status.
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1. Determination of Lead Agency: The department within the City
receiving an application for or initiating a proposal that involves a nonexempt
action shall determine when the City is the lead agency for that proposal under
WAC 197‐11‐050 and 197‐11‐922 through 197‐11‐940; unless the lead agency has
been previously determined or the department is aware that another department
or agency is in the process of determining the lead agency. 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.
2. Lead Agency Agreements: The Environmental Review Committee is
authorized to make agreements as to the lead agency status or shared lead agency
duties for a proposal under WAC 197‐11‐942 and 197‐11‐944; provided, that the
Environmental Review Committee and any department that will incur
responsibilities as the result of such agreement approved the agreement.
3. Other Agency as Lead: When the City is not the lead agency for a
proposal, all departments of the City shall use and consider, as appropriate, either
the determination of nonsignificance (DNS) or the final environmental impact
statement (EIS) of the lead agency in making decisions on the proposal. The
Environmental Review Committee shall not prepare or require preparation 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.
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4. City Objections: If the City or any of its departments receives a lead
agency determination made by another agency that appears inconsistent with the
criteria of WAC 197‐11‐922 through 197‐11‐940, it may object to the
determination. Any objection must be made to the agency originally making the
determination and resolved within fifteen (15) days of receipt of the
determination, or the City must petition the Department of Ecology for a lead
agency determination under WAC 197‐11‐946 within the fifteen (15) day time
period. Any such petition on behalf of the City may be initiated by the
Environmental Review Committee.
G. CATEGORICAL EXEMPTIONS:
The City adopts the following sections by reference, as supplemental in this
part: WAC 197‐11‐300, Purpose of this part; and 197‐11‐305, Categorical
exemptions. The City adopts by reference the following rules for categorical
exemptions, as supplemented in this Section,: including WAC 173‐806‐070
(Flexible thresholds), 173‐806‐080 (Use of exemptions), and 173‐806‐190 (Critical
areas):
WAC
197‐11‐800 Categorical exemptions.
197‐11‐880 Emergencies.
197‐11‐890 Petitioning DOE to change exemptions.
1. Local Modifications: Under the authority established by WAC 197‐11‐
800(1)(c), the City of Renton establishes the following exempt levels for minor new
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construction based on local conditions, replacing the exempt levels of WAC 197‐
11‐800(1)(b)(i),(ii), (iv) and (v). Whenever the City establishes new exempt levels
under this Section, it shall send them to the Department of Ecology, Headquarters
Office, Olympia, Washington, 98504 under WAC 197‐11‐800(1)(c).
a. For detached single‐family residential dwelling units in WAC 197‐11‐
800(1)(b)(i): nine (9) or less dwelling units.
b. For multifamily residential dwelling units in WAC 197‐11‐
800(1)(b)(ii): nine (9) or less dwelling units.
c. For office, commercial, or service buildings in WAC 197‐11‐
800(1)(b)(iv): four thousand (4,000) square feet or less of gross floor area; changes
of use of four thousand (4,000) square feet or less when located in an existing
office, commercial, or service building of four thousand (4,000) square feet or
larger.
bd. For landfills and excavations in WAC 197‐11‐800(1)(b)(v): Up to five
hundred (500) cubic yards or less.
2. Exemption Decision: 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 Section apply to the proposal. The City shall not
require completion of an environmental checklist for an exempt proposal.
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3. Proposal Description: 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).
4. Review Criteria: A department 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 related to each other, some of which are exempt and
some of 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 subsection D of this
Section.
5. Exempt and Nonexempt Actions: If a proposal includes both exempt
and nonexempt actions, exempt actions may be authorized with respect to the
proposal prior to the compliance with the procedural requirements of these
guidelines except that:
a. The City shall not give authorization for:
i. Any nonexempt action;
ii. Any action that would have an adverse environmental impact;
iii. Any action that would limit the choice of alternatives; or
iv. Any action that will irrevocably commit the City to approve or
authorize a major action.
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b. 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 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.
6. Timing: Identification of categorical exempt actions shall occur within
ten (10) days of submission of an adequate and complete application.
7. Effect of Exemption: If a proposal is exempt, none of the procedural
requirements of this Section apply to the proposal. The City shall not require
completion of an environmental checklist for an exempt proposal.
H. CRITICAL AREAS/INAPPLICABLE EXEMPTIONS:
1. Critical Areas Maps: The map(s) in RMC 4‐3‐050Q.E identify critical
areas. The maps in RMC 4‐3‐090 identify regulated Shorelines of the State. The
specific environmentally critical areas where SEPA exemptions are not applicable
are identified in subsection H.3 of this Section.
2. Critical Areas Designated: Wetlands, Protected Slopes, Very High
Landslide Hazard Areas, Class 2 to 4 Streams and Lakes, Channel Migration Zones,
Shorelines of the State designated as Natural Environment or Urban Conservancy,
or Shorelines of the State designated Urban if also meeting the requirement of
subsection H3a or H3c of this Section, and the one hundred (100) year floodway,
as mapped and identified pursuant to subsection H.1 of this Section, or when
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present according to the critical area classification criteria of RMC 4‐3‐050, are
designated as environmentally critical areas pursuant to the State Environmental
Policy Act, WAC 197‐11‐908.
3. Inapplicable Exemptions:
a. Certain exemptions do not apply on lands covered by water, and this
remains true regardless of whether or not lands covered by water are mapped.
Unidentified exemptions shall continue to apply within environmentally critical
areas of the City.
b. For each critical area, the exemptions within WAC 197‐11‐800 that
are inapplicable for that area are:
WAC 197‐11‐800(1), except for the construction of one new single
family residence on an existing legal lot, provided the proposed
development complies with RMC 4‐3‐050 and 4‐3‐090; however, . Tthis
exception does exemption would not apply to projects within a
channel migration zone or those projects requiring a variance or
reasonable use exception from RMC 4‐3‐050 or 4‐3‐090.
WAC 197‐11‐800(2)(d, e, f, g, h)
WAC 197‐11‐800(6)(ad)
WAC 197‐11‐800(13)(c)
WAC 197‐11‐800(23)(c, e)
WAC 197‐11‐800(24)(a, b, c, d, f, g)
WAC 197‐11‐800(25)
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c. Additionally, Tthe following SEPA categorical exemptions within
WAC 197‐11‐800 shall not apply are inapplicable to wetlands:
WAC 197‐11‐800(1), except for the construction of one new single
family residence on an existing legal lot, provided the proposed
development complies with RMC 4‐3‐050 and 4‐3‐090. This exemption
would not apply to projects requiring a variance or reasonable use
exception from RMC 4‐3‐050 or 4‐3‐090.
WAC 197‐11‐800(2), except for the repair, remodeling, or maintenance
of an existing single family residence, provided the proposed
development complies with RMC 4‐3‐050 and 4‐3‐090. This exemption
would not apply to projects requiring a variance or reasonable use
exception from RMC 4‐3‐050 or 4‐3‐090.
WAC 197‐11‐800(3), except for the repair, remodeling, or maintenance
of an existing single family residence, provided the proposed
development complies with RMC 4‐3‐050 and 4‐3‐090. This exception
would not apply to projects within a channel migration zone or those
projects requiring a variance or reasonable use exception from RMC 4‐
3‐050 or 4‐3‐090.
WAC 197‐11‐800(4)
WAC 197‐11‐800(6)
WAC 197‐11‐800(8)
WAC 197‐11‐800(25)
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4. Proposals Located within Critical Areas: The City shall treat proposals
located wholly or partially within a critical area no differently than other proposals
under this Section, making a threshold determination for all such proposals. The
City shall not automatically require an EIS for a proposal merely because it is
proposed for location in a critical area.
I. ENVIRONMENTAL CHECKLIST:
1. When Required: A completed environmental checklist (or a copy), in the
form provided in WAC 197‐11‐960, along with the appropriate environmental
fees, shall be filed at the same time as an application for a permit, license,
certificate, or other approval not specifically exempted in this Section; except, a
checklist is not needed if the Environmental Review Committee and applicant
agree an EIS is required, SEPA compliance has been completed, or SEPA
compliance has been initiated by another agency.
2. Lead Agency and Threshold Determination: The 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
Environmental Review Committee shall use the environmental checklist for
making the threshold determination.
3. Checklist Preparation:
a. For private proposals the department within the City receiving the
application will require the applicant to complete the environmental checklist,
providing assistance as necessary. The Environmental Review Committee may
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require that it, and not the private applicant, will complete all or part of the
environmental checklist for a private proposal, if either of the following occurs:
i. The City has technical information on a question or questions that
is unavailable to the private applicant; or
ii. The applicant has provided inaccurate information on previous
proposals or on proposals currently under consideration.
b. For City proposals the department initiating the proposal shall
complete the environmental checklist for that proposal.
4. Additional Information: The Environmental Review Committee may
require specific detailed information at any time.
J. THRESHOLD DETERMINATION PROCESS:
This part contains rules for evaluating the impacts of the proposals not
requiring an environmental impact statement (EIS). The City adopts the following
sections by reference, as supplemental in this part:
WAC
197‐11‐310 Threshold determination required.
197‐11‐315 Environmental checklist.
197‐11‐330 Threshold determination process.
197‐11‐335 Additional information.
197‐11‐340 Determination of nonsignificance (DNS).
197‐11‐350 Mitigated DNS.
197‐11‐355 Optional DNS process.
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197‐11‐360 Determination of significance (DS)/initiation of scoping.
197‐11‐390 Effect of threshold determination.
1. Identification of Impacts: As much as possible, the Environmental
Review Committee should assist the applicant with identification of impacts to the
extent necessary to formulate mitigation measures.
2. Time Limits: 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. Threshold 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 checklist.
b. 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 checklist; 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 agency to respond. Threshold determinations
which require that further studies including, but not limited to, field investigations
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be initiated by the City should be completed within thirty (30) days of submission
of an adequate application and the completed checklist.
c. Threshold determinations on actions where the applicant
recommends in writing that an EIS be prepared, because of the probable
significant adverse environmental impacts described in the application, shall be
completed within twenty (20) days of submission of an adequate application and
the completed checklist.
d. 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 Environmental Review
Committee or its agent shall transmit to the private applicant a written statement
as to the expected date of decision.
3. Mitigated DNS Authorized: As provided in this Section and in WAC 197‐
11‐350, the Environmental Review Committee may issue a DNS based on changes
to, or clarification of, the proposal made by the applicant.
4. Changed Proposal: When an applicant submits a changed or clarified
proposal, along with a revised or amended environmental checklist, the
Environmental Review Committee shall base its threshold determination on the
changed or clarified proposal and should make the determination within twenty
(20) days of receiving the changed or clarified proposal.
5. DNS Authorized Following Early Notice: If the Environmental Review
Committee indicated specific mitigation measures in its response to the a request
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for early notice, and the applicant changed or clarified the proposal to include
those specific mitigation measures, the Environmental Review Committee shall
issue and circulate a DNS under WAC 197‐11‐340(2).
6. DNS or DS Authorized: If the Environmental Review Committee
indicated areas of concern, but did not indicate specific mitigation measures that
would allow it to issue a DNS, the Environmental Review Committee shall make
the threshold determination, issuing a DNS or DS as appropriate.
67. Mitigation Measures:
a. The applicant’s proposed mitigation measures (clarifications,
changes or conditions) must be in writing and must be specific, feasible and
enforceable. For example, proposals to “control noise” or “prevent stormwater
runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or
“construct two hundred foot (200') stormwater retention pond at Y location” are
adequate.
ba. 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.
cb. Mitigation measures incorporated in the 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.
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78. DNS Public Comment and Notice Period: A mitigated DNS (MDNS) is
issued under WAC 197‐11‐340(2), requiring a fifteen (15) day comment period and
public notice.
89. Staff Recommendation for Certain Proposals: For nonexempt
proposals, the DNS for the proposal shall accompany the City’s staff
recommendation to the Hearing Examiner or other appropriate advisory body,
such as the Planning Commission.
910. Effect of MDNS: The Environmental Review Committee’s written
response under this Section (DNS) 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
Environmental Review Committee to consider the clarification or changes in its
threshold determination.
110. Request for Early Notice: An applicant may request in writing early
notice of whether a DS is likely under WAC 197‐11‐350.
a. The request must follow submission of an environmental checklist
for a nonexempt proposal for which the City is lead agency and precede the City’s
actual threshold determination for proposal.
b. The Environmental Review Committee should respond to the
request for early notice within fifteen (15) working days. The response shall:
i. Be written;
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ii. State whether the Environmental Review Committee currently
considers issuance of a DS likely and, if so, indicate the general or specific area(s)
of concern that is/are leading the Environmental Review Committee to consider a
DS; and
iii. 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.
K. ENVIRONMENTAL IMPACT STATEMENTS (EIS):
1. Purpose: This part contains the rules for deciding whether a proposal
has a “probable significant, adverse environmental impact” requiring an
environmental impact statement (EIS) to be prepared and contains the rules for
preparing environmental impact statements. The 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 Expanded scoping (Optional).
197‐11‐420 EIS preparation.
197‐11‐425 Style and size.
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197‐11‐430 Format.
197‐11‐440 EIS contents.
197‐11‐442 Contents of EIS on nonproject proposal.
197‐11‐443 EIS contents when prior nonproject EIS.
197‐11‐444 Elements of the environment.
197‐11‐448 Relationship of EIS to other considerations.
197‐11‐450 Cost‐benefit analysis.
197‐11‐455 Issuance of DEIS.
197‐11‐460 Issuance of FEIS.
2. Review of draft and final EIS (DEIS and FEIS) and draft and final
supplemental EISs (SEIS) is the responsibility of the Environmental Review
Committee. Before the City issues an EIS, the Environmental Review Committee
shall be satisfied that it complies with this Section and chapter 197‐11 WAC.
3. Preparation of Environmental Impact Statement: The DEIS and FEIS or
draft and final SEIS shall be prepared by the City staff, the applicant, or by a
consultant selected by the City through its consultant selection process. If the
Environmental Review Committee requires an EIS for a proposal and determines
that someone other than the City will prepare the EIS, the Environmental Review
Committee shall notify the applicant immediately after completion of the
threshold determination. The Environmental Review Committee shall also notify
the applicant of the City’s procedure for EIS preparation, including approval of the
DEIS and FEIS prior to distribution.
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4. Information Required: The City may require an applicant to provide
information the City does not possess, including, but not limited to, specific
investigations. However, the applicant is not required to supply information that
is not required under this Section or that is being requested from another agency.
(This does not apply to information the City may request under another ordinance
or statute.)
5. Staff Recommendation: For nonexempt proposals, the final EIS for the
proposal shall accompany the City’s staff recommendation to the Hearing
Examiner or other appropriate advisory body, such as the Planning Commission.
6. Information Shall Be Provided: The Environmental Review Committee
may refuse to process and consider a private application further if the applicant
fails or refuses to provide information required for the preparation of an adequate
EIS.
7. Additional Elements: The Environmental Review Committee 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 Section.
a. Economics, including the effects on both the public and private
sector,
b. Cultural factors,
c. Quality of life,
d. Neighborhood cohesion,
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e. Sociological factors, and
f. Image of the City.
L. RECONSIDERATIONS: (Reserved)
M. SEPA SUBSTANTIVE AUTHORITY:
This part contains rules (and policies) for SEPA’s substantive authority, such as
decisions to mitigate or reject proposals as a result of SEPA. The City adopts the
following sections by reference:
WAC
197‐11‐650 Purpose of this part.
197‐11‐655 Implementation.
197‐11‐660 Substantive authority and mitigation.
197‐11‐680 Appeals.
1. Supplemental Policies and Goals: The policies and goals set forth in this
Section are supplementary to those in the existing authorization of the City of
Renton.
2. Substantive Authority: The City designates and adopts by reference the
following policies as the basis for the City exercise of authority pursuant to this
Section:
a. 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:
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i. Fulfill the responsibilities of each generation as trustee of the
environment for succeeding generations;
ii. Assure for all people of Washington safe, healthful, productive,
and aesthetically and culturally pleasing surroundings;
iii. Attain the widest range of beneficial uses of the environment
without degradation, risk to health or safety, or other undesirable and unintended
consequences;
iv. Preserve important historic, cultural, and natural aspects of our
national heritage;
v. Maintain, wherever possible, an environment which supports
diversity and variety of individual choice;
vi. Achieve a balance between population and resource use which
will permit high standards of living and a wide sharing of life’s amenities; and
vii. Enhance the quality of renewable resources and approach the
maximum attainable recycling of depletable resources.
b. The City adopts, by reference, the policies in the following City codes,
ordinances, resolutions and plans as they currently appear and as hereafter
amended:
Cedar River Master Plan (1976)
Comprehensive Solid Waste Management Plan (1983)
Green River Valley Plan (1984)
Fire Department Master Plan (1987)
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Airport Master Plan
King County Stormwater Management Manual (1990)
Comprehensive Water System Plan
Comprehensive Park, Recreation and Open Space Plan
Long Range Wastewater Management Plan
King County Comprehensive Housing Affordability Strategy (CHAS)
Shoreline Master Program
King County Solid Waste Management Plan
Countywide Planning Policies
Six‐Year Transportation Improvement Plan
Street Arterial Plan
Traffic Mitigation Resolution and Fee (1994)
Parks Mitigation Resolution and Fee (1994)
Fire Mitigation Resolution and Fee (1994)
Comprehensive Plan
3. Attaching Conditions: The City may attach conditions to a permit or
approval for a proposal so long as:
a. Such conditions are necessary to mitigate specific probable adverse
environmental impacts identified in environmental documents prepared pursuant
to this Section; and
b. Such conditions are in writing; and
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c. The mitigation measures included in such conditions are reasonable
and capable of being accomplished; and
d. The City has considered whether other local, State, or Federal
mitigation measures applied to the proposal are sufficient to mitigate the
identified impacts; and
e. Such conditions are based on one or more policies in subsection M.2
of this Section and cited in the license or other decision document.
4. Denial Authorized: The City may deny a permit or approval for a
proposal on the basis of SEPA so long as:
a. A finding is made that approving the proposal would result in
probable significant adverse environmental impacts that are identified in a FEIS or
final SEIS prepared pursuant to this Section; and
b. A finding is made that there are no reasonable mitigation measures
capable of being accomplished that are sufficient to mitigate the identified impact;
and
c. The denial is based on one or more policies identified in subsection
M.2 of this Section and identified in writing in the decision document.
5. Environmental Review Committee Recommendations: Where a FEIS or
DNS has been prepared, the Environmental Review Committee 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
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condition of approval, unless the decision maker identifies in writing a substantial
error in fact or conclusion by the Environmental Review Committee.
6. Action of Decision Maker: Based upon such finding, the decision maker
may revise the recommended conditions or may remand the proposal to the
Environmental Review Committee for reconsideration. Nothing in this provision
shall be deemed to limit the authority of the decision maker to impose conditions
under SEPA beyond those recommended by Environmental Review Committee or
to condition or deny a proposal based upon other statutory authority.
N. USING EXISTING ENVIRONMENTAL DOCUMENTS:
This part contains rules for using and supplementing existing environmental
documents prepared under SEPA or National Environmental Policy Act (NEPA) for
the 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 documents.
197‐11‐620 Supplemental environmental impact statement –
Procedures.
197‐11‐625 Addenda – Procedures.
197‐11‐630 Adoption – Procedures.
197‐11‐635 Incorporation by reference – Procedures.
197‐11‐640 Combining documents.
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O. PUBLIC NOTICE AND COMMENTING:
This part contains rules for consulting, commenting, and responding on all
environmental documents under SEPA, including rules for public notice and
hearings. The City adopts the following sections by reference, as supplemented in
this part:
WAC
197‐11‐500 Purpose of this part.
197‐11‐502 Inviting comment.
197‐11‐504 Availability and cost of environmental documents.
197‐11‐508 SEPA register.
197‐11‐535 Public hearings and meetings.
197‐11‐545 Effect of no comment.
197‐11‐550 Specificity of comments.
197‐11‐560 FEIS response to comments.
197‐11‐570 Consulted agency costs to assist lead agency.
1. Threshold Determinations: Whenever the Environmental Review
Committee of the City of Renton issues a DNS under WAC 197‐11‐340(2) or a DS
under WAC 197‐11‐360(3) the Environmental Review Committee shall give public
notice as follows:
a. If no public notice is required for the permit or approval, the City
shall give notice of the DNS or DS by:
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i. Posting on the property for site‐specific proposals, or posting on
the City’s webpage for non‐site‐specific proposals; and
ii. Publishing notice in a newspaper of general circulation in the
county, city, or general area where the proposal is located.
b. Whenever the Environmental Review Committee issues a DS under
WAC 197‐11‐360(3), the Environmental Review Committee shall state the scoping
procedure for the proposal in the DS as required in WAC 197‐11‐408 and in the
public notice.
2. Optional DNS Process: The Environmental Review Committee utilizes a
single integrated comment period under WAC 197‐11‐355 to obtain comments on
a notice of application and the likely threshold determination for the proposal if
the Environmental Review Committee has a reasonable basis for determining that
significant environmental impacts are unlikely. Notice shall follow procedures in
accordance with RMC 4‐8‐090 Public Notice Requirements for the optional DNS
process.
23. Public Notice: Whenever the Environmental Review Committee issues
a DEIS under WAC 197‐11‐455(5) or a SEIS under WAC 197‐11‐620, notice of the
availability of those documents shall be given by:
a. Posting on the property for site‐specific proposals, or posting on the
City’s webpage for non‐site‐specific proposals; and
b. Publishing notice in a newspaper of general circulation in the county,
city, or general area where the proposal is located.
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34. Consolidation of Public Notice: Whenever possible, the Environmental
Review Committee 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.
45. Responsibility of Cost: The Environmental Review Committee may
require an applicant to complete the public notice requirements for the
applicant’s proposal at his or her expense.
56. Notice: The City, applicant for, or proponent of any action may publish
a notice of action pursuant to RCW 43.21C.080 for any action. The form of 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. An applicant’s request for publication shall include
payment of the costs associated with such notice.
67. Record Retention: The City shall retain all documents required by the
SEPA rules (chapter 197‐11 WAC) and make them available in accordance with
chapter 42.5617 RCW.
P. DEFINITIONS AND INTERPRETATION OF TERMS:
This part contains uniform usage and definitions of terms under SEPA. The City
adopts the following sections by reference:, as supplemented by WAC 173‐806‐
040.
WAC
197‐11‐700 Definitions.
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197‐11‐702 Act.
197‐11‐704 Action.
197‐11‐706 Addendum.
197‐11‐708 Adoption.
197‐11‐710 Affected tribe.
197‐11‐712 Affecting.
197‐11‐714 Agency.
197‐11‐716 Applicant.
197‐11‐718 Built environment.
197‐11‐720 Categorical exemption.
197‐11‐721 Closed record appeal.
197‐11‐722 Consolidated appeal.
197‐11‐724 Consulted agency.
197‐11‐726 Cost‐benefit analysis.
197‐11‐728 County/city.
197‐11‐730 Decision maker.
197‐11‐732 Department.
197‐11‐734 Determination of nonsignificance (DNS).
197‐11‐736 Determination of significance (DS).
197‐11‐738 EIS.
197‐11‐740 Environment.
197‐11‐742 Environmental checklist.
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197‐11‐744 Environmental document.
197‐11‐746 Environmental review.
197‐11‐750 Expanded scoping.
197‐11‐752 Impacts.
197‐11‐754 Incorporation by reference.
197‐11‐756 Lands covered by water.
197‐11‐758 Lead agency.
197‐11‐760 License.
197‐11‐762 Local agency.
197‐11‐764 Major action.
197‐11‐766 Mitigated DNS.
197‐11‐768 Mitigation.
197‐11‐770 Natural environment.
197‐11‐772 NEPA.
197‐11‐774 Nonproject.
197‐11‐775 Open record hearing.
197‐11‐776 Phased review.
197‐11‐778 Preparation.
197‐11‐780 Private project.
197‐11‐782 Probable.
197‐11‐784 Proposal.
197‐11‐786 Reasonable alternative.
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197‐11‐788 Responsible official.
197‐11‐790 SEPA.
197‐11‐792 Scope.
197‐11‐793 Scoping.
197‐11‐794 Significant.
197‐11‐796 State agency.
197‐11‐797 Threshold determination.
197‐11‐799 Underlying governmental action.
1. Interpretation:
a. Unless the context clearly requires otherwise:
i. Use of the singular shall include the plural and conversely.
ii. “Preparation” of environmental documents refers to preparing
or supervising the preparation of documents, including issuing, filing, printing,
circulating, and related requirements.
iii. “Impact” refers to environmental impact.
iv. “Permit” means “license” (WAC 197‐11‐760).
v. “Commenting” includes but is not synonymous with
“consultation.”
vi. “Environmental cost” refers to adverse environmental impact
and may or may not be quantified.
vii. “EIS” refers to draft, final, and supplemental EISs (WAC 197‐11‐
405 and 197‐11‐738).
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viii. “Under” includes pursuant to, subject to, required by,
established by, in accordance with, and similar expressions of legislative or
administrative authorization or direction.
ix. “Shall” is mandatory.
x. “May” is optional and permissive and does not impose a
requirement.
xi. “Include” means “include but not limited to.”
b. The following terms are synonymous:
i. Effect and impact (WAC 197‐11‐752).
ii. Environment and environmental quality (WAC 197‐11‐740).
iii. Major and significant (WAC 197‐11‐764 and 197‐11‐794).
iv. Proposal and proposed action (WAC 197‐11‐784).
v. Probable and likely (WAC 197‐11‐782).
c. In addition to those definitions contained within WAC 197‐11‐700
through 197‐11‐799, when used in this Section, the following terms shall have the
following meanings, unless the context indicates otherwise:
DEPARTMENT: Any division, subdivision or organizational unit of the City
established by ordinance, rule, or order.
DNS: Determination of nonsignificance.
DS: Determination of significance.
EARLY NOTICE: The City’s response to an applicant stating whether it
considers issuance of a determination of significance likely for the
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applicant’s proposal (mitigated determination of nonsignificance (DNS)
procedures).
EIS: Environmental impact statement.
ERC: The Environmental Review Committee of the City of Renton.
ORDINANCE: The ordinance, resolution, or other procedure used by the
City to adopt regulatory requirements.
SEPA RULES: Chapter 197‐11 WAC adopted by the Department of Ecology.
Q. FORMS ADOPTED BY REFERENCE:
The City adopts the following forms and sections by reference:
WAC
197‐11‐960 Environmental checklist.
197‐11‐965 Adoption notice.
197‐11‐970 Determination of nonsignificance (DNS).
197‐11‐980 Determination of significance (DS).
197‐11‐985 Notice of assumption of lead agency status.
197‐11‐990 Notice of action.
R. APPEALS:
1. Except for permits and variances issued pursuant to RMC 4‐3‐090,
Shoreline Master Program Regulations, when any proposal or action is
conditioned or denied on the basis of SEPA substantive authority by a nonelected
official other than the Hearing Examiner, the decision shall be appealable to the
Hearing Examiner under the provisions of RMC 4‐8‐110, Appeals. When such a
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proposal or action is conditioned or denied on the basis of SEPA substantive
authority by an elected official or by the Hearing Examiner, there shall be no
administrative appeal.
2. Except for permits and variances issued pursuant to RMC 4‐3‐090,
Shoreline Master Program Regulations, when any proposal or action is challenged
as to a SEPA procedural determination, there shall be no administrative appeal.
S. EXPIRATION: (Reserved)
T. MODIFICATIONS OF APPROVED PLANS: (Reserved)
SECTION III. Section 4‐11‐030 of the Renton Municipal Code is amended to add a
definition of "Channel Migration Zone," in alphabetical order, to read as shown below. All
remaining definitions in 4‐11‐030 remain in effect and unchanged.
CHANNEL MIGRATION ZONE: The area along a river within which the channel(s)
can be reasonably predicted to migrate over time as a result of natural and
normally occurring hydrological and related processes when considered with the
characteristics of the river and its surroundings.
SECTION IV. The definition of “Environmental Review Committee (ERC)” in section 4‐
11‐050 is amended as shown below. All other definitions in 4‐11‐050 remain in effect and
unchanged.
ENVIRONMENTAL REVIEW COMMITTEE (ERC): The Environmental Review
Committee as defined by RMC 4‐9‐070G.D, is the SEPA Responsible Official
Authority. The ERC shall consist of three (3) officials designated by the Mayor with
concurrence by the City Council. For all proposals for which the City is the lead
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agency, the ERG shall make the threshold determination and perform any other
functions assigned to the "lead agency" or "responsible official" by the SEPA rules
that 'Nere adopted by reference in \NAG 173 806 020.
SECTION IV. It' any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION V. This ordinance shall be in full force and effect five {5) days after publication
of a summary of this ordinance in the City's official newspaper. The summary shall consist of
this ordinance's title.
PASSED BY THE CITY COUNCIL this 18th day of November, 2019 .
APPROVED BY THE MAYOR this 18th day of November, 2 19.
Approved as to form:
~~
Shane Moloney, City Attorney
Date of Publication: 11/22/2019 (Summary)
ORD:2072:10/24/19
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