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HomeMy WebLinkAboutORD 3410 aa 1 �V Vv CITY OF RENTON, WASHINGTON AMENuti) i3Y ORDINANCE NO. 3410 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON AMENDING PORTIONS OF CHAPTER 28 AND 30 OF TITLE IV (BUILDING REGULATIONS) OF. ORDINANCE NO. 1628 r`' n ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY i OF RENTON" RELATING TO ENVIRONMENTAL REVIEW COMMITTEE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, AS FOLLOWS: SECTION I: Existing Section 4-2806 (B) of Title IV (Building Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" is hereby amended by adding a new sub-section 7, as follows: Section 4-2806 (B) 7, as amended: When a final declaration is made, such final declaration shall be published in the City's legal newspaper, and posted at three locations on or in the immediate vicinity of the site of the proposal. No permit shall be authorized or final decision shall be granted on the project for which the threshold determination was made until expiration of the period for filing notices of appeal, or until appellate review is completed. SECTION II: Existing subsection (D) of Section 4-2806 of Title IV (Building Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" is hereby amended to read as follows: Section 4-2806 (D), as amended: Decision of Responsible Official Final. The decision of the responsible official determining the exemption or significance of an action, or the sufficiency of a final EIS, shall be final unless within fourteen (14) days from the date of publication and posting of the decision whichever is later, any interested party appeals the decision to the Hearing Examiner. Any decision of the Examiner on the appeal shall be final unless within fourteen (14) days from the date of the decision any interested party applies to King County Superior Court for a writ rev iew.. SECTION III: Existing subsections (A), (C), (D), (E) and (F) of Section 4-2809 of Title IV (Building Regulations) of Ordinance No. 1628 entitled "Code of General Page 1 A .l Ordinances of the City of Renton" are hereby amended as follows: Section 4-2809 (A), as amended: The department receiving the first permit or license application for a proposal or initiating proposal, any portion of which involves a major action, shall determine whether the City is the lead agency for that proposal pursuant to the criteria set forth in Section WAC 197-10-205 through -270, using the procedures of WAC 197-10-203. The Environmental Review Committee (ERC) shall be the lead agency for the City. Section 4-2809 (C), as amended: In those instances in which the City is not the lead agency under the criteria of WAC 197-10-205 through -270, all departments of the City, subject to the limitations of WAC 197-10-390, -660 and -690 shall utilize and consider as appropriate either the declaration of nonsignificance or the final EIS of the lead agency in conjunction with the decisions of the City on the proposal. In such instances the Environmental Review Committee shall not prepare or require preparation of a declaration of nonsignificance or EIS in addition to that prepared by the lead agency. Section 4-2809 (D), as amended: In the event that the City or any department thereof receives a lead agency determination made by another agency which does not appear to be in accord with the criteria of WAC 197-10-205 through -245 it may object thereto. Any such objection must be made 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 pursuant to WAC 197-10-260 within the fifteen (15) day time period. Any such petition on behalf of the City shall be initiated by the Environmental Review Committee. Section 4-2809 (E), as amended: The Environmental Review Committee is ' _ _ authorized to make agreements as to lead agency status pursuant to WAC i97 10 240 and WAC 197-10-245: Provided, that. any such agreement involving assumption of lead agency status by the City will first be approved by the responsible official for the City and that any department which will incur responsibilities as a result of any such agreement will approve the agreement. Page 2 Section 4-2809 (F), as amended: The Environmental Review Committee when making a lead agency determination for a private project shall require sufficient information from the applicant to ascertain which other agencies have jurisdiction over the proposal. SECTION IV: Existing subsections (A), (B) and (C) of Section 4-2810 of Title IV (Building Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" are hereby amended as follows: Section 4-2810 (A), as amended: For those proposals for which the City is the lead agency, the responsible official shall be the Environmental Review Committee (ERC). The Environmental Review Committee shall consist of the Director of Parks and Recreation, the Director of Planning, and the Director of Public works or their designee. Section 4-2810 (B), as amended: The Environmental Review Committee shall make the threshold determination, supervise preparation of any required EIS, and perform any other functions assigned to the "lead agency" or "responsible official" by those sections of the SEPA guildelines which were adopted by reference in Section 4-2804 hereof, for all proposals for which the City is the lead agency, as follows: 1. The department receiving the environmental checklist shall notify the SEPA Information Center (Planning Department) within five (5) days of the receipt of the checklist. 2. The Planning Department shall schedule review of the checklist before the Environmental Review Committee within the time limits prescribed by Section 4-2806 (B). 3. The department receiving the checklist shall present the application and checklist to the Environmental Review Committee along with its recommendations regarding threshold determination. 4. The Planning Department shall maintain all records for the Environmental Review Committee's actions, publish required notices, and provide other administrative services required by the Environmental Review Committee. Page 3 5. The Environmental Review Committee may develop further administrative and procedural guidelines for the administration by the responsible official of the provisions of this Chapter. Section 4-2810 (C), as amended: Where approval is given to a proposal which required an EIS, the Environmental Review Committee may impose those reasonable conditions necessary to mitigate or avoid the adverse impacts of the proposal. SECTION V: Existing subsection (A) of Section 4-2814 of Title IV (Building Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" is hereby amended to read as follows: Section 4-2814 (A), as amended: Threshold Determination. For every threshold determination to be performed by the City when the City is the lead agency, a fee based upon the value of the proposal shall be charged the applicant as follows: 1. Value of proposal less than $10,000.00 - $55.00 2. Value of proposal greater than $10,000.00 - $60.00 plus $1.00 for each additional $10,000.00 of value. This fee shall be collected prior to the undertaking the threshold determination, and the time periods provided by this Ordinance for making a threshold determination shall not begin until payment of the fee. This fee shall be collected for each check list submitted for revised or modified proposals. Those proposals which include lands covered by water and environmentally sensitive areas shall pay a fee at the rate of one and one-half (1 1/2) times the above fee. Those proposals, which do not include the construction of the structures, movement of earth, removal of trees and similar actions that do not physically change or modify land which shall include, but is not limited to open space applications, shall be exempt from the fee. In the case of a rezone or annexation the valuation shall be based upon the current market value of the property in question. Should the applicant indicate in writing at the time of submission of the environmental checklist form that an EIS is necessary in his opinion and the Environmental Review Committee concurs, the fee shall be applied to the cost of preparing an EIS as required below. Page 4 SECTION VI: Existing subsection (A) of Section 4-3010 of Title IV (Building Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" is hereby amended to read as follows: Section 4-3010 (A), as amended: Applications and Decisions: The Examiner shall receive and examine available information, conduct public hearings, prepare a record thereof, and enter findings of fact and conclusions based upon those facts, which conclusions shall represent the final action on theapplication, p unless appealed, as hereinbelow specified, for the following types of applications: 1. Short plats 2. Special use permits 3. Conditional use permits 4. Temporary use permits 5. Shoreline variance and conditional permits 6. Site'review permits 7. Waivers and exceptions 8. Appeals from administrative determination of the City's land use regulation codes 9. Fill permits 10. Deferred improvements 11. Applications for any other land use regulatory permits which may be required by ordinance. 12. Appeals of environmental determinations required by the Renton Environmental Ordinance SECTION VII: Any and all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION VIII: This ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL this 24th day of March 1980. Delores A. Mead, City Clerk Page 5 APPROVED BY THE MAYOR this 24th day of March 1980. • O � �BrY. hinpoch, ayor Approved as to form: t Lawrence J. Warr6fi, City Attorney Date of Publication: April 2, 1980 Page 6 01/21/85 " CITY OF RENTON, WASHINGTON ' ORDINANCE NO. 3410 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON REPEALING CHAPTER 28, TITLE IV (BUILDING REGULATIONS) OF ORDINANCE NO. 1628 KNOWN AS THE "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON" AND ADOPTING A NEW CHAPTER 28 TO COMPLY WITH THE STATE ENVIRONMENTAL POLICY ACT OF 1971 AS AMENDED (RCW 43.21C) ESTABLISHING PROCEDURES TO DETERMINE THE IMPACT OF' A PROPOSED ACTION AND WHETHER AN ENVIRONMENTAL IMPACT STATEMENT IS REQUIRED. WHEREAS, on January 26, 2984, the Department of Ecology of the State of Washington adopted Washington Administrative Code Chapter 197-11 adopting the new State Environmental Policy Act Rules, and repealed Washington Administratave Code Chapter 197-10 containing the former State Environmental Policy Act Guidelines; and WHEREAS, under Washington Administrative Code 197-11-904 and 906 the City is required to adopt SEPA policies and procedures, which must implement and be consistent with the SEPA rules adopted by the Department of Ecology pursuant to WAC Chapter 197-11; and WHEREAS, it is the purpose of this ordinance to comply with WAC 197-11-904 and 906 by amending the existing Renton Environmental Ordinance, and by adding certain new provisions to said Code, which amendments and new provisions are consistent with and will implement such SEPA Rules; and WHEREAS, the City, recognizes that man depends on his biological and physical surroundings for food, shelter and other needs, and for cultural enrichment as well, 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, high density urbanization, industrial expansions, resource utilization and exploitation and new and expanding technological advances, and recognizes further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man; and WHEREAS, 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; and WHEREAS, due to the effective date of the new State SEPA 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 Rules, and WHEREAS, the City has provided public notice and opportunity for public comment as part of the process for adoapting its Renton Environmental Ordinance procedures and formally designating its policies, now, therefore The City Council of the City of Renton, Washington, does ordain as follows: I', - 2 - 01/21/85 PART ONE 4-2801: TITLE: 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 Act 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, resource utilization and exploitation and new and expanding technological advances, and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the City, in cooperation with Federal, State and other local governments and in cooperation with other concerned public and private organizations, to use all practicable means and measures in a manner calculated 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. Fulfill 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 of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; 4. Preserve important historic, cultural and natural aspects of our National heritage; - 3 - 01/21/85 5. Maintain, wherever possible, an environment which supports diversity and variety of individual choice; 6. Achieve a balance between population and 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 depletable resources. (C) 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. (D) To the fullest extent possible, the policies, regulations and laws of the State 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 extent 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 making which may have an impact on man's environment. (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. (G) The policies and goals set forth in this Ordinance are supplementary to those set forth in existing authorizations of the State and City. 4-2803: AUTHORITY: The City of Renton adopts this Ordinance under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904. This Ordinance contains this City's SEPA procudures and polices. The SEPA rules, Chapter 197-11 WAC, must be used in conjunction with this Ordinance. 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 Ordinance, whether or not such activities are considered to be ministerial in nature. - 4 - 01/21/85 + PART TWO i GENERAL REQUIREMENTS 4-2804: PURPOSE OF' THIS PART AND ADOPTION BY REFERENCE: This part contains the basic requirements that apply to the SEPA process. The City of Renton adopts the Following sections of chapter 197-11 of the Washington Administrative Code by reference: WAC 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. 4-2805: ADDITIONAL DEFINITIONS: In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this Ordinance, the following terms shall have the following meanings, unless the context indicates otherwise: (1) "Department" means any division, subdivision or organizational unit of the City established by ordinance, rule, or order. (2) "SEPA rules" means Chapter 197-11 WAC adopted by the department of ecology. (3) "Ordinance" means the ordinance, resolution, or other procedure used by the City to adopt regulatory requirements. (4) "Early notice" means the City's response to an applicant stating whether it considers issuance of a determination of significance likley for the applicant's proposal (mitigated determination of non-significance (DNS) procedures.) (5) "ERC" means the Environmental Review Committee of the City of Renton. 4-2806: DESIGNATION OF RESPONSIBLE OFFICIAL AUTHORITY: (A) F-or those proposals for which the City is the lead agency, the responsible official shall be the Environmental Review Committee (ERC). The ERC shall consist of three (3) officials designated by the Mayor with concurrence by the City Council. - 5 - 01/21/85 (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 WAC 173-806-020. (C) The ERC may develop further administrative and procedural guidelines for the administration by the responsible official of the provisions of this Chapter. (D) The City shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW. 4-2807: LEAD AGENCY DETERMINATION AND RESPONSIBILITIES: (A) The department within the City receiving an application for or initiating a proposal that involves a nonexempt action shall determine whether 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. (B) In those instances in which the City is the lead agency, the ERC shall supervise compliance with the threshold determination and, if an EIS is necessary, shall supervise preparation 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 197-11-600. In some cases, the City may conduct supplemental environmental review under WAC 197-11-600. . (D) If the City or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 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 ERC. (E) The ERC is authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; PROVIDED, that the ERC and any department that will incur responsibilities as the result of such agreement approved the agreement. - 6 - 01/21/85 (F) Any department making a lead agency determination for a private project , shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal. 4-2808 TIME LIMITS APPLICABLE TO THE SEPA PROCESS: 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 (10) days of submission of an adequate and complete application. (B) Threshold Determinations: 1. 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 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 check 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 agency to respond. 3. Threshold determinations which require that further studies including, but not limited to, field investigations, be initiated by the City should be completed within thirty (30) days of submission of an adequate application and the completed check list. 4. 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 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 ERC or its agent shall transmit to the private applicant a written statement as to the expected date of decision. - 7 - 01/21/85 (C) Additional Timing Considerations: 1. For nonexempt proposals, the DNS or Final EIS for the proposal shall accompany the City's staff recommendation to the Land Use Hearing Examiner or other appropriate advisory body, such as the Planning Commission. 2. If the City's only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the ERC conduct an environmental review prior to submission of detailed plans and specification. A completed environmental checklist shall be submitted along with the appropriate environmental fees. The ERC may require specific detailed information at any time. PARTTHREE CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS 4-2809: PURPOSE OF THIS PART AND ADOPTION BY REFERENCE. 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. This part also contains rules for evaluating the impacts of proposals not requiring an EIS. The City adopts the following sections by reference, as supplemented in this part: WAC 197-11-300 Purpose of this part. 197-11-305 Categorical exemptions. 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. 197-11-360 Determination of significance (DS)/initiation of scoping. 197-11-390 Effect of threshold determination. 4-2810 FLEXIBLE THRESHOLDS FOR CATEGORICAL EXEMPTIONS. (A) The City of Renton extablishes the following exempt levels for minor new construction under WAC 197-11-800(1)(b) based on local conditions: For landsfills and excavations in WAC 197-11-800(1)(b)(v): Up to 500 cubic yards. (B) Whenever the City establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headwuarters Office, Olympia, Washington, 98504 under WAC 197-11-800(1)(c). _ 8 _ 01/21/85 4-2811: USE OF EXEMPTIONS: (A) Each department within the City that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the license and/or the proposal is exempt. The department's determination that a proposal is exempt shall be Final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this Ordinance apply to the proposal. The City shall riot require completion of an environmental checklist for an exempt proposal. (B) In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). (C) 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 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 to the proposal prior to compliance with the procedural requirements of these guidelines except that: 1. The City shall not give authorization for: (a) Any nonexempt action; (b) Any action that would have an adverse environmental 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. - 9 - 01/21/85 4-2812: ENVIRONMENTAL CHECK LIST: V (A) A completed environmental checklist (or a copy), in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempted in this 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. 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 ERC shall use the environmental checklist for making the threshold determination. (B) For private proposals, the department within the City receiving application will require the applicant to complete the environmental checklist, providing assistance as necessary. For City proposals, the department initiating the proposal shall complete the environmental checklist for that proposal. (C) The ERC may 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: 1. The City has technical information on a question or questions that is unavailable to the private applicant; or 2. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration. 4-2813: MITIGATED 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 under WAC 197-11-350. The request must: 1. Follow submission of an environmental checklist for a nonexempt proposal for which the department is lead agency; and 2. Precede the City's actual threshold determination for the proposal. (C) The ERC should respond to the request for early notice within fifteen (15) working days. The response shall: 1. Be written; 2. State whether the ERC currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the ERC to consider a DS; and - 10 - 01/21/85 3. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications. (D) As much as possible, the ERC should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures. (E) When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the ERC 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; 1. If the ERC 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 did not indicate specific mitigation measures that would allow it to issue a DNS, the ERC shall make the threshold determination, issuing a DNS or DS as appropriate. 3. The applicant's proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to "control noise" or "prevent stormwater runoff" are inadequate, whereas proposals to "muffle machinery to X decible" or "construct 200-foot stormwater retention pond at Y location" are adequate. 4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents. (F) A mitigated DNS is issued under WAC 197-11-340(2), requiring a fifteen (15) day comment period and public notice. (G) 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. (H) The ERC's written response under subsection (B) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the ERC to consider the clarifications or changes in its threshold determination. 01/21/85 PARTFOUR ENVIRONMENTAL IMPACT STATEMENT (EIS) 4-2814 PURPOSE OF THIS PART AND ADOPTION BY REFERENCE: This part 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 E1S timing. 197-11-408 Scoping. 197-11-410 Expanded scoping. (Optional) 197-11-420 EIS preparation. 197-11-425 Style and size. 197-11-430 Format 197-11-435 Cover letter or memo. 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. 4-2815: PREPARATION OF EIS -- ADDITIONAL CONSIDERATIONS: (A) Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EIS's (SEIS) is the 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 DEIS 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 the EIS, the ERC shall notify the applicant immediately after completion of the threshold determination. The ERC shall also notify the applicant of the City's procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution. (C) The City may require an applicant to provide information the City does riot possess, including, but not limited to, specific investigations. However, the applicant is not required to supply information that is not required under this Ordinance or that is being requested from another agency. (This does not apply to information the City may request under another ordinance or statute.) - 12 - 01/21/85 The ERC 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. 4-2816: ADDITIONAL ELEMENTS TO BE COVERED IN AN EIS: The ERC 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, including the effects on both the public and private sector, (2) Cultural factors, (3) Quality of life, (4) Neighborhood cohesion, (5) Sociological factors, and (6) Image of the City. PART FIVE COMMENTING 4-2817: ADOPTION BY REFERENCE: 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. - 13 - 01/21/85 4-2818: PUBLIC NOTICE: (A) Whenever the ERC of the City of Renton issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the ERC shall give public notice as follows: 1. If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due. 2. If no public notice is required for the permit or approval, the City shall give notice of the DNS or DS by: (a) Posting the property, for 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. 3. Whenever the ERC issues a DS under WAC 197-11-360(3), the ERC shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice. (B) Whenever the ERC issues a DEIS under WAC 197-11-455(5) or a SETS under WAC 197-11-620, notice of the availability of those documents shall be given by: 1. Indicating the availability of the DEIS 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 where the proposal is located. (C) Whenever possible, the ERC shall integrate the public notice required under this section with existing notice procedures for the City's nonexempt permit(s) or approval(s) required for the proposal. (D) The ERC may require an applicant to complete the public notice requirements for the applicant's proposal at his or her expense. 4-2819: DESIGNATION OF OFFICIAL TO PERFORM CONSULTED AGENCY RESPONSIBILITIES FOR THE CITY: (A) The ERC, or its designate, 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 DEIS. - 14 - 01/21/85 (B) The ERC, or its designate, .,shall be responsible for the City compliance with WAC 197-11-550 whenever the City is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the City. PART SIX USING EXISTING ENVIRONMENTAL DOCUMENTS 4-2820: PURPOSE OF THIS PART AND ADOPTION BY REFERENCE: 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. PART SEVEN SEPA AND AGENCY DECISIONS 4-2821: PURPOSE OF THIS PART AND ADOPTION BY REFERENCE: This part contains rules (and policies) for SEPA's substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. 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. 4-2822: SUBSTANTIVE AUTHORITY: (A) The policies and goals set forth in this 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 or approval for a proposal so long as: - 15 01/21/85 1. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this ordinance; and 2. Such conditions are in writing; and 3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and 4. The City has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and 5. Such conditions are based on one or more policies in subsection (E) of this section and cited in the license or other decision document. (C) The City may deny a permit or approval for a proposal on the basis of SEPA so long as: 1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SE1S prepared pursuant to this ordinance; and 2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and 3. The denial is based on one or more policies identified in subsection (E) of this section and identified in writing in the decision 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-maker 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 ERC 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 ERC or to condition or deny a proposal based upon other statutory authority. (E) The City designates and adopts by reference the following policies as the basis for the City exercise of authority pursuant to this section: 1. The City shall use all practicable means, consistent with other essential considerations of State policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may: - 16 - 01/21/85 a Fulfill the responsibilities of each generation as trustee of O p g , the environment for succeeding generations; (b) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings; (c) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; (d) Preserve important historic, cultural, and natural aspects of our national heritage; (e) Maintain, wherever possible, an environment which supports diversity and variety of individual choice; (f) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and (g) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. 2. The City recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. 3. The City adopts by reference the policies in the following City codes, ordinances, resolutions, and plans as they currently appear and as hereafter amended: 1976 - Planning Commission 1976 - Cedar River Master Plan 1978 - Airport Master Plan 1980 - Southeast Renton Plan 1981 - Northeast Renton Plan 1981 - Policies Element/Comprehensive Plan 1983 - Comprehensive Solid Waste Management Plan 1983 - Shoreline Management Plan 1983 - Central Renton Plan 1984 - Comprehensive Water Plan 1984 - Comprehensive Sewer Plan 1984 - Comprehensive Park and Recreation Plan 1984 - Green River Valley Plan Six-year Street Plan City of Renton Zoning Code Uniform Building Code Uniform Fire Code Uniform Mechanical Code i - 17 - 01/21/85 Street Arterial Plan Uniform Electrical Code 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 Examiner under the provisions of 4-2823(B). 4-2823: APPEALS: (A) The City establishes the following administrative appeal procedures under RCW 43.21.075(c) and WAC 197-11-680: 1. Any agency or person may appeal the City's compliance with Chapter 197-11 WAC for issuance of the following: (a) A Final DNS: The appeal of the DNS must be made to the Hearing Examiner within fourteen (14) days of the date the DNS is final. (b) A DS: The appeal must be made to the Land Use Hearing Examiner with fourteen (14) publication date of ( ) da s Y of the the DS in the official City newspaper. (c) An EIS: The appeal of the FEIS must be made to the Hearing Examiner within twenty (20) days of the date the permit or other approval is issued. 2. For 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 the ERC shall carry substantial weight in any appeal proceeding. (B) Applications to Examiner: Appeals from environmental determinations as set forth in this ordinance may be taken to the Hearing Examiner by any person aggrieved, or by any officer, department, board or bureau of the City affected by such determination. 1. Any such appeal shall be filed in writing. - 1$ - 01/21/85 2. Immediately upon receipt of the notice of appeal. the Hearing i Examiner shall forward to the officer from whom the appeal is being taken a copy of the notice of appeal. Upon receiving such notice, the officer from whom the appeal is being taken shall transmit to the Hearing Examiner all of the records pertaining to the decision being appealed, together with such additional written reports as are deemed pertinent. The 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 Examiner shall be mailed to the 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; or (b) In excess of the authority or jurisdiction of the 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 Examiner 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 Examiner 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 Superior 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 significance/non-significance or of a final environmental impact statement. _ 19 - 01/21/85 (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: NOTICE/STATUTE OF LIMITATIONS: (A) (1) The City, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action. (2) 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. PART EIGHT DEFINITIONS 4-2825: PURPOSE OF THIS PART AND ADOPTION BY REFERENCE: 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 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. 197-11-722 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. 197-11-744 Environmental document. 197-11-746 Enviromnetal review. 197-11-748 Environmentally sensitive area. 197-11-750 Expanded scoping. 197-11-752 Impacts. 197-11-754 Incorporation by reference. - 20 - 01/21/85 197-11-756 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 Nonpro ject. 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. 197-11-788 Responsible official. 197-I1-790 SEPA. 197-11-792 Scope. 197-11-794 Significant. 197-11-796 State agency. 197-11-797 Threshold determination. 197-11-799 Underlying governmental action. (A) Unless the context clearly 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, including issuing, filing, printing, circulating, and related requirements. 3. "Impact" refers to environmental impact. 4. "Permit" means "license" (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 (197-11-405 and 197-11-738). B. "Under" includes pursuant to, subject to, required by, established by, in accordance with, and similar expressions of legislative or administrative authorization or direction. - 21 - 01/21/85 (B) In these rules: 1. "Shall" is mandatory. 2. "May" is optional; and permissive and does not impose a requirement. 3. "Include" means "include but not limited to." C The following terms aresynonymous: � ) 9 1. Effect and impact (197-11-752). 2. Environment and environmental quality (197-11-740). 3. Major and significant (197-11-764 and 197-11-794). 4. Proposal and proposed action (197-11-784). 5. Probable and likely (197-11-782). (D) ACT: "Action means the State EnvironmentalPolicy Act of 1971, Chapter 43.21C RCW, as amended, which is also referred to as "SEPA". (E) ACTION: 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: (a) Project Actions: A project action involves a decision on a specific project, such as a construction or management activity located in a defined geographic area. Projects include and are limited to agency decisions to: (1) License, fund, or undertake any activity that will directly modify the environment, whether the activity will be conducted by the agency, an applicant, or under contract. (2) Purchase, sell, lease, transfer, or exchange natural resources, including publicly owned land, whether or not the environment is directly modified. - 22 - 01/21/85 ( ) Nonb 'ect Actions: Nonproject actions involve decisions prot P l on policies, plans, or programs. (1) The adoption of amendment of legislation, ordinances, rules, or regulations that contain standards controlling use or modification of the environment; (2) The 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 (197-11-060), but not including any policy, plan, or 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; (5) Capital budgets; and (6) Road, street, and highway plans. 3. "Actions" do not include the activities listed above when an agency is not involved. Actions do not include bringing judicial or administrative civil 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) ADDENDUM: "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. The term does not inclue supplemental EISs. An addendum may be used at any time during the SEPA 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 SEPA to prepare an EIS or other environmental document. (H) AFFECTED TRIBE: Affected 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 and that will or may be affected by the proposal. (1) AFFECTING: "Affecting" means having, or may be having, an effect on (see 197-11-752 on impacts). For purposes of deciding whether an EIS is required and what the EIS must cover, "affecting" refers to having probable, significant adverse environmental impacts (RCW 43.21.C.031 and 4 3.2 1 C.110(1)(c)). - 23 - 01/21/85 (J) AGENCY: 1. "Agency" means any state or local governmental body, board, commission, department, or officer authorized to make law, hear contested cases, or otherwise take the actions stated in 197-11-704, except the judiciary and state legislature. An agency is any state agency (197-11-796) or local agency (197-11-762). 2. "Agency with environmental expertise" means an agency with special expertise on the environmental impacts involved in a proposal or alternative significantly affecting the environment. These agencies are listed in 197-11-920; the list may be expanded in agency procedures (197-11-906). The appropriate agencies must be consulted in the environmental impact statement process, as required by 197-11-502. 3. "Agency with jurisdiction" means an agency with authority to approve, veto, or finance all or part of a nonexempt proposal (or part of a proposal). The 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. The 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 administering agency and the recipient of the grant or loan. Federal agencies with jurisdiction are those from which a license or funding is sought or required. 4. 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. S. For those proposals requiring a hydraulic project approval under RCW 75.20.100, both the department of game and the department of fisheries shall be considered agencies with jurisdiction. (K) APPLICANT: "Applicant" means any person or entity, including an agency, applying for a license from an agency. Application means a request for a license. (L) BUILT ENVIRONMENT: "Built environment" means the elements of the environment as specified 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. - 24 - 01/21/85 (M) CATEGORICAL EXEMPTION: "Categorical exemption" means a type of action, specified in these rules, which does not significantly affect the environment (RCW 43.21C.110(lxa)); categorical exemptions are found in Part Nine of these rules. Neither a threshold determination nor any environmental document, including an environmental checklist or environmental impact statement, is required for any categorically exempt action (RCW 43.21C.031). These rules provide for those circumstances in which a specific action that would fit within a categorical exemption shall not be considered categorically exempt (197-11-305). (N) CONSOLIDATED APPEAL: "Consolidated appeal" means the 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(3xb) 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. 'rhe requirement for a consolidated appeal does not preclude agencies from bifurcating appeal proceedings and allowing different agency officials to hear different aspects of the appeal. (197-11-680) (0) COST-BENEFIT ANALYSIS: "Cost-benefit analysis" means a quantified comparison of costs and benefits generally expressed in monetary or numerical terms. It is not synonymous with the weighing or balancing of environmental and other impacts or benefits of a proposal. (P) COUNTY/CITY: "County/city" means a county, city, or town. In this chapter, duties and powers are assigned to a county, city, or town as a unit. The delegation of responsibilities among the various departments of a county, city, or town is left to the legislative or charter authority of the individual counties, cities, or towns. (Q) DECISION MAKER: "Decision maker" means the agency official or officials who make the agency's decision on a proposal. The decisionmaker and responsible official are not necessarily synonymous, depending on the agency and its SEPA procedures (197-11-906 and 197-11-910). (R) DEPARTMENT: "Department means the Washington State Department of Ecology. (S) DETERMINATION 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 environmental impact, and therefore an EIS is not required (197-11-310 and 197-11-340). The DNS form is in 197-11-970) 01/21/85 ` (T) DETERMINATION OF SIGNIFICANCE (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 (197-11-310 and 197-11-360). The DS form is in 197-11-980 and must be used substantially in that form. (U) EIS: "EIS" means environmental impact statement. The term "detailed statement" in RCW 43.21C.030(2)(c) refers to a final EIS. The term "EIS" as used in these rules refers to draft, final, or supplemental EISs (197-11-405). (V) ENVIRONMENT: "Environment" means, and is limited to, those elements listed in 197-11-444, as required by RCW 43.21C.110(1)(f). Environment and environmental quality refer to the state of the environment and are synonymous as used in these rules and refer basically to physical environmental quality. (W) ENVIRONMENTAL CHECKLIST: "Environmental checklist" means the form in 197-11-960. Rules for its use are in 197-11-315. (X) ENVIRONMENTAL DOCUMENT: "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) ENVIRONMENTAL REVIEW: "Environmental review" means the f environmental factors as required b SEPA. The consideration o e roy "environmental review process" is the procedure used by agencies and others under SEPA for giving appropriate consideration to the environment in agency decisionmaking. (Z) ENVIRONMENTALLY SENSITIVE AREA: "Environmentally sensitive area" means an area designated and mapped by a county/city under 197-11-908. Certain categorical exemptions do not apply within environmentally sensitive areas (197-11-305, 197-11-908, and Part Nine of these rules). (AA) EXPANDED SCOPING: "Expanded scoping" is an optional process that may be used by agencies to go beyond minimum scoping requirements. (BB) IMPACTS: "Impacts" are the effects or consequences of actions. Environmental impacts are effects upon the elements of the environment listed in 197-11-444. (CC) INCORPORATION BY REFERENCE: "Incorporation by reference" means the inclusion of ' all or part of any existing document in an agency's environmental documentation by reference (197-11-600 and 197-11-635). - 26 - 01/21/85 ' (DD) LANDS COVERED BY WATER: "Lands covered by water" means lands underlying the water areas of the state below the ordinary high water mark, including salt waters, tidal waters, 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. (EE) LEAD AGENCY: "Lead agency" means the agency with the main responsibility for complying with SEPA's procedural requirements (197-11-050 and 197-11-022). The procedures for determining lead agencies are in Part Ten of these rules. "Lead agency" may be read as "responsible official" (197-11-788 and 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 197-11-330, 197-11-455, 197-11-460) and its decisionmaker, who is at a minimum responsible for substantive determinations (such as 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 proposal. The term does not include a license required solely for revenue purposes. (GG) LOCAL AGENCY: "Local agency" or "local government" means any political subdivision, regional governmental unit, district, municipal or public corporation, including cities, towns, and counties and their legislative bodies. The term encompasses but does not refer specifically to the departments within a city or county. (HH) MAJOR 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" (197-11-794). (II) MITIGATED DNS: "Mitigated DNS" means a DNS that includes mitigation measures and is issued as a result of the process specified in 197-11-350. (JJ) MITIGATION: "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; - 27 - 01/21/85 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) NATURAL ENVIRONMENT: "Natural environment" means those aspects of the environment contained in 197-11-444(1), frequently referred to as natural elements, or resources, such as earth, air, water, wildlife, and energy. (LL) NEPA: "NEPA" means the National Environmental Policy Act of 1969 (42 USCA 4321 et seq.; P.O. 91-190), that is like SEPA at the federal level. The federal NEPA regulations are located at 40 CFR 1500 et seq. (MM) NONPROJECT: "Nonproject" means actions which are different or broader than a single site specific project, such as plans, policies, and programs (197-11-704). (NN) PHASED REVIEW: "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 (197-11-060(5)). Phased review may be used for a single proposal or EIS 197-11-060 . (00) PREPARATION: "Preparation" of an environmental document means preparing or supervising the preparation of documents, including issuing, filing, printing, circulating, and related requirements (see 197-11-700(2)). (PP) PRIVATE PROJECT: "Private project" means any proposal primarily initiated or sponsored by an individual or entity other than an agency. (QQ) PROBABLE: "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 197-11-794). Probable is used to distinguish likely impacts from those that merely have a possibility of occuring, but are remote or speculative. This is not meant as a strict statistical probability test. - 28 - 01/21/85 (RR) PROPOSAL: "Proposal means a proposed.action. A proposal includes both actions and regulatory decisions of agenciesas 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 the environmental effects can be meaningfully evaluated. (See 197-11-055 and 197-11-060(3).) A proposal may therefore be a particular or preferred course of action or several alternatives. For this reason, these rules use the phrase "alternatives including the proposed action." The 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 ALTERNATIVE: "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 197-11-440(5) and 197-11-660.) Also see the definition of "scope" for the three types of alternatives to be analyzed in EISs (197-11-792). (TT) RESPONSIBLE OFFICIAL: "Responsible official" 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 (197-11-910). (UU) SEPA: "SEPA" means the State Environmental Policy Act of 1971 (Chapter 43.21C RCW), which is also referred to as the Act. The "SEPA process" means all measures necessary for compliance with the act's requirements. (VV) SCOPE: 1. "Scope" means the range of proposed actions, alternatives, and impacts to be analyzed in an environmental document (197-11-060(2)). 2. To 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) Single (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 197-11-060(3) or 197-11-305(1); or - 29 - 01/21/85 (3) Similar (proposals that have common aspects and ` may be analyzed together under 197-11-060(3). (b) Alternatives may be: (1) No action; (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. 197-11-060 provides general rules for the content of any environmental review under SEPA; Part Four and 197-11-440 provide specific rules for the content of EISs. The scope of an individual statement may depend on its relationship with other EISs or on phased review. (WW) SCOPING: "Scoping" means determining the range of proposed actions, alternatives, and impacts to be discussed in an EIS. Because an E1S is required to analyze significant environmental impacts only, scoping is intended to identify and narrow the EIS to the significant issues. The required scoping process (197-11-408) provides interagency and public notice of a DS, or equivalent notification, and opportunity to comment. The lead agency has the option of expanding the scoping process (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 paperwork and delay. (XX) SIGNIFICANT: 1. "Significant" as used in SEPA means a reasonable likelihood of more than a moderate adverse impact on environmental quality. 2. Significance involves context and intensity (197-11-330) and does not lend itself to a formula or quantifiable test. The context may vary with the physical setting. Intensity depends on the magnitude and duration of an impact. The severity of an impact should be weighed along with the likelihood 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 occurred. - 30 - 01/21/85 , 3. 197-11-330 specifies a process, including criteria and procedures, for determining whether a proposal is likely to have a significant adverse environmental impact. (YY) STATE AGENCY: "State agency" means any state board, commission, department, or officer, including state universities, colleges, and community colleges, that is authorized by law to make rules, hear contested cases, or otherwise take the actions stated in 197-11-704, except the judiciary and state legislature. (ZZ) THRESHOLD DETERMINATION: "Threshold determination" means the decision by the responsible official of the lead agency whether or not an EIS is required for a proposal that is not categorically exempt (197-11-310 and 197-11-330(b)). (AAA) UNDERLYING GOVERNMENTAL ACTION: "Underlying government action" means the governmental action, such as zoning or permit approvals, that is the subject of SEPA compliance. - 31 - 01/21/85 PART NINE CATEGORICAL EXEMPTIONS 4-2826: ADOPTION BY REFERENCE: The City adopts by reference the following rules for categorical exemptions, as supplemented in this ordinance, WAC 173-806-080 (Use of exemptions), and WAC 173-806-190 (Environmentally sensitive areas): WAC 197-11-800 Categorical exemptions. 197-11-880 Emergencies. 197-11-890 Petitioning DOE to change exemptions. PART TEN AGENCY COMPLIANCE 4-2827: PURPOSE OF THIS PART AND ADOPTION BY REFERENCE: This part contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating environmentally sensitive areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The City adopts the following sections by reference, as supplemented by WAC 173-806-050 including 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. - 32 - 01/21/85 4-2828: ENVIRONMENTALLY SENSITIVE AREAS: (A) The map(s) filed under 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 environments of the Shoreline Master Program, and the 100-year floodway mapped under the federal Flood Insurance Program. For each environmentally sensitive area, the exemptions within WAC 197-11-800 that are inapplicable for that area are: 197-11-800(1) 197-11-800(2)(d,e,g) 197-11-800(6)(a) 197-11-B00(24)(a,b,c,d,f,g) 197-11-800(25)(f, h) Unidentified exemptions shall 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 proposed for location in an environmentally sensitive area. (C) Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. 4-2829: FEES: The City shall require the following fees for its activities in accordance with the provisions of this ordinance: (A) Threshold determination. For every environmental checklist the City will review when it is lead agency, the City shall collect a fee from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this ordinance for making a threshold determination shall not begin to run until payment of the fee. (B) Environmental impact statement. 1. When the City is the lead agency for a proposal requiring an EIS and the ERC determines that the EIS shall be prepared by employees of the City, the City may charge and collect a reasonable fee from any applicant to cover costs incurred by the City in preparing the EIS. The ERC shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs. - 33 - 01/21/85 2. The ERC may determine that the City will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the City and may bill such costs and expenses directly to the applicant. The City may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the City and applicant after a call for proposals. 3. If a proposal is modified so that an EIS is no longer required, the ERC 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 applicant to cover the cost of meeting the public notice requirements of this ordinance relating to the applicant's proposal. (D) The City shall not collect a fee for performing its duties as a consulted agency. (E) The City may charge any person for copies of any document prepared under this ordinance, and for mailing the document, in a manner provided by Chapter 42.17 RCW. (F) Specific fees for the activities described above are set forth in Title I, Chapter 41 (Fee Schedule) of the City Code. PART ELEVEN FORMS 4-2830: ADOPTION 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) 197-11-970 Determination of significance and scoping notice (DS) 197-11-985 Notice of assumption of lead agency status. 197-11-990 Notice of action. 4-2831: REPEAL: Chapter 28, Title IV of the City Code is hereby repealed. 4-2832: EFFECTIVE DATE: The effective date of this ordinance is 4-2833: SEVERABILITY: If any provision of this ordinance or its application to any 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.