HomeMy WebLinkAboutORD 3060 —
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1 ORDINANCE N0 . 3060
2
3 AN ORDINANCE OF THE CITY OF RENTON , WASHINGTON ,
' 4 ESTABLISHING AND CREATING A "RENTON ENVIRONMENTAL
' 5 ORDINANCE" TO BE HEREINAFTER KNOWN AND DESIGNATED
6 AS SUCH AS CHAPTER 28 , TITLE IV (BUILDING REGULATIONS )
7 OF ORDINANCE N0 . 1628 KNOWN AS THE "CODE OF GENERAL
8 ORDINANCES OF THE CITY OF RENTON" TO COMPLY WITH
9 THE STATE ENUIRONMENTAL POLICY ACT OF 1971 AS
10 AMENDED ( RCW 43 . 21C ) ESTABLISHING PROCEDURES TO
11 DETERMINE THE IMPACT OF A PROPOSED ACTION AND
12 WHETHER AN ENUIRONMENTAL IMPACT STATEMENT IS '
13 REQUIRED .
14
15 .
� 16 4-28.... 1 TITLE. This Ordinance shall be hereinafter known as the
17 "Renton Environmental Ordinance , " may be cited as such , � '
, 18 will be hereinafter referred to as " this Ordinance , "
19 and same shall be and constitute Chapter 28, Title IV I
20 ( Building Regulations ) of Ordinance No . 1628 known as
21 the "Code of General Ordinances of the City of Renton . "
22 4-28 . 2 INTENT. The City of Renton adopts as its own the policies
23 and objectives of the State Environmental Policy Act of
24 1971 , as amended ( RCW 43 . 21C ) .
25 l . The city, recognizing that man depends on his biological and
26 physical surroundings for food , shelter and other needs , and
� 27 for cultural enrichment as well , and recognizing further the �
28 profound impact of man ' s activity on the interrelations of
29 all components of the natural environment , particularly the
30 profound influences of population growth , high density urban-
31 ization , industrial expansions , resource utilization and
32 exploitation and new and expanding technological advances ,
33 and recognizing further the critical importance of restoring
34 and maintaining environmental quality to the overall welfare
CITV OF RENT�N
PLANNING DEPARTMENT
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1 and development of man , declares that it is the continuing
2 policy of the city , in cooperation with federal , state and
3 other local governments and in cooperation with other con- .
4 cerned public and private organizations , to use all practic-
5 able means and measures in a manner calculated to foster and
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6 promote the general welfare , to create and maintain conditions
7 under which man and nature can exist in productive harmony ,
8 and fulfill the social , economic and other requirements of
9 present and future generations of Washington citizens .
10 2 . In order to carry out the policy set forth in this Ordinance ,
11 it is the continuing responsibility of the city to use all
12 practicable means , consistent with other essential consid-
13 erations of state and city policies , to improve and coordinate
14 plans , functions , programs and resources to the end that the
15 , state and its citizens may :
16 1 . Fulfill the responsibilities of each generation as trustee
17 of the environment for succeeding generations ;
18 2 . Assure for all people of Washington safe , healthful , pro-
19 ductive and esthetically and culturally pleasing surround-
20 ings ;
21 3 . Attain the widest range of beneficial uses of the environ-
22 ment without degradation , risk to health or safety , or
23 other undesirable and unintended consequences ;
24 4. Preserve important historic , cultural and natural aspects
2� of our national heritage ;
26 5 . Maintain , wherever possible , an environment which supports
27 diversity and variety of individual choice ;
28 6 . Achieve a balance between population and resource use
29 which will permit high standards of living and a wide
- 30 sharing of life ' s amenities ; and
31 7 . Enhance the quality of renewable resources and approach
32 the maximum attainable recycling of depletable resources .
33 3. The city recognizes that each person has a fundamental and
34 inalienable right to a healthful environment and that each
CITY OF RENTON
DLANNING DEPARTMENT
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1 person has a responsibility to contribute to the preservation
2 and enhancement of the environment.
3 4 . To the fullest extent pnssible , the policies , regulations , '
4 and laws of the state of Washington and ordinances of the
i 5 city shall be interpreted and administered in accordance
6 with the policies set forth in this Ordinance .
7 5 . To the fullest extent possible , the city will utilize a
8 systematic , interdisciplinary approach which will insure the
9 integrated use of the natural and social sciences and the
10 environmental design arts in planning and in decision making
11 which may have an impact on man ' s environment.
12 6 . This Ordinance sets forth methods and procedures which will
13 insure that presently unquantified environmental amenities
14 and values will be given appropriate consideration in decision
15 making along with economic and technical considerations .
16 7 . The policies and goals set forth in this Ordinance are supple-
17 mentary to those set forth in existing authorizations of the
ig state and city .
19 4-2� . 3 AUTHORITY . , The Cit.y of Renton possesses the authority to deny
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20 or condition actions in order to mitigate or prevent/adverse envi -
21 ronmental impacts . This authority applies to all city activities
22 including actions as defined in this Ordinance , as well as activi -
23 ties which are categorical.ly exempted or excluded from the defini -
24 tion of action , whether or not such activities are considered to
2� be ministerial in nature . i
26 4-Zg ,; 4 ADO_PTIDN BY REFERENCE .� The City of Renton hereby adopts by
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27 reference the following sections or subsections of Chapter 197- 10
28 of the Washington Administrative Code ( the "SEPA Guidelines "
29 adopted by the State of Washington , Council on Environmental
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Polic �
30 . Y), and as hereafter amended :
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31 WAC 197-10-040 : � DEFINI_TIONS : _;
32 -060 : ;+SCOPE=OF A PROPOSAL A-ND ITS IMPACTS`_T�
I 33 -160 : NO PRESUMPTION OF �SIGNIFICA�ICE FOR NON-EXEMPT
34 ,ACTIONS . _ '
CITY OF RENTON
PLANNING DEPARTMENT
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1 -170 : CATEGORICAL EXEMPTIONS
2 - 175 : EXEMPTIONS AND NON-EXEMPTIONS APPLI -
3 CABLE TO SPECIFIC STATE AGENCIES .
4 - 180 : EXEMPTIONS FOR EMERGENCY ACTIONS . �I
5 -200 : LEAD AGENCY--RESPONSIBILITIES . I
6 -203 : DETERMINATION OF LEAD AGENCY--PROCE-
7 DURES .
8 -205 : LEAD AGENCY DESIGNATION--GOVERNMENTAL
9 PROPOSALS .
lp -210 : LEAD AGENCY DESIGNATION--PROPOSALS
11 INVOLVING BOTH PRIVATE AND PUBLIC CON-
� 12 STRUCTION .
13 -215 : LEAD AGENCY DESIGNATION--PRIUATE PROJECTS
14 FOR WHICN THERE IS ONLY ONE AGENCY .
15 -220 : LEAD AGENCY DESIGNATION--PRIVATE PROJECTS ,
16 LICENSES FROM MORE THAN ONE AGENCY WHEN
17 ONE IS CITY/COUNTY .
lg -225 : LEAD AGENCY DESIGNATION--PRIVATE PROJECTS ,
19 LICENSE FROM MORE THAN ONE STATE AGENCY .
20 -230 : LEAD AGENCY DESIGNATION--SPECIFIC PRO-
21 POSALS .
22 -240 : AGREEMENTS AS TO LEAD AGENCY STATUS .
23 -245 : AGREEMENTS BETWEEN AGENCIES AS TO DIVTSION
24 OF LEAD AGENCY DUTIES .
2� -260 : DISPUTE AS TO LEAD AGENCY DETERMINATION
26 --RESOLUTION BY CEP .
2� -270 : ASSUMPTION OF LEAD AGENCY BY ANOTHER ,
28 AGENCY WITH JURISDICTION .
29 -300 : THRESHOLD DETERMINATION REQUIREMENT .
30 -305 : RECOMMENDED TIMING FOR THRESHOLD DETER-
31 MINATION . •
32 -310 : THRESHOLD DETERMINATION PROCEDURES--
33 ENVIRONMENTAL CHECKLIST .
34 -320 : THRESHOLD DETERMINATION PROCEDURES--
CITY OF RENTON
PLANNING DEPARTMENT
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1 INITIAL REVIEW OF ENVIRONMENTAL
2 CHECKLIST.
3 -330 : THRESHOLD DETERMINATION PROCEDURES-- �
4 INFORMATION IN ADDITION TO CHECKLIST .
5 -340 : THRESHOLD DETERMINATION PROCEDURES--
6 NEGATIVE DECLARATIONS .
7 -345 : ASSUMPTION OF LEAD AGENCY STATUS BY
g ANOTHER AGENCY WiTH JURISDICTION--
g PREREQUISITES , EFFECT AND FORM OF NOTICE .
10 -350 : AFFIRMATIVE THRESHOLD DETERMINATIONS .
11 -355 : FORM OF DECLARATION OF SIGNIFICANCE/NON-
12 SIGNIFICANCE .
13 -360 : THRESHOLD DETERMINATION CRITERIA--APPLI -
14 CATION OF ENVIRONMENTAL CHECKLIST .
15 -365 : ENVIRONMENTAL CHECKLIST.
16 -370 : WITHDRAWAL OF AFFIRMATIVE THRESHOLD
1� DETERMINATION .
lg -375 : WITHDRAWAL OF I�EGATIVE THRESHOLD DETER-
19 MINATION .
20 -390 : EFFECT OF THRESHOLD DETERMINATION BY
21 LEAD AGENCY .
22 -400 : DUTY TO BEGIN PREPARATION OF A DRAFT EIS .
23 -405 : PURPOSE AND FUNCTION OF DRAFT EIS . �
24 -410 : PRE-DRAFT CONSULTATION PROCEDURES .
25 -425 : ORGANIZATION AND STYLE OF A DRAFT EIS .
26 -440 : CONTENTS OF A DRAFT EIS .
27 -442 : SPECIAL CO[�SIDERATIONS REGARDING
28 CONTENTS OF AN EIS .
29 -444 : LIST OF ELEMENTS OF THE ENVIRONMENT .
30 -450 : PUBLIC AWARENESS OF AVAILABILITY OF
31 DRAFT EIS .
32 -455 : CIRCULATION OF THE DRAFT EIS--REVIEW
33 PERIOD .
34 -460 : SPECIFIC AGENCIES TO WHICH DRAFT EIS
CITY Of RENTON
PLANNING DEPARTMENT
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1 SHALL BE SENT.
2 -465 : AGENCIES POSSESSING ENVIRONMENTAL
3 EXPERTISE .
4 -470 : COSTS TO THE PUBLIC F°O�R REPRODUCTION
5 OF ENUIRONMENTAL DOCUMENTS .
6 -480 : PUBLIC HEARING ON A PROPOSAL--WHEN
7 REQUIRED .
8 -485 : NOTICE OF PUBLIC HEARING ON ENVIRON-
9 MENTAL IMPACT OF THE PROPOSAL .
10 -490 : PUBLIC HEARING ON THE PROPOSAL--USE
11 OF ENUIRONMENTAL DOCUMENT.
12 -495 : PREPARATION OF AMENDED OR NEW DRAFT
13 EIS .
�4 -500 : RESPONSIBILITIES OF CONSULTED AGENCIES--
15 LOCAL AGENCIES .
16 -510 : RESPOI�SIBILITIES OF CONSULTED AGENCIES--
17 STATE AGENCIES WITH JURISDICTION .
18 -520 : RESPONSIBILITIES OF CONSULTED AGENCIES-- •
lg STATE AGENCIES WITH ENVIRONMENTAL EXPER-
20 TISE .
21 -530 : RESPONSIBILITIES OF CONSULTED AGENCIES--
22 WHEN PRE-DRAFT CONSULTATION HAS OCCURRED .
23 -535 : COST OF PERFORMANCE OF CONSULTED AGENCY
24 RESPONSIBILITIES .
25 -540 : LIMITATIONS ON RESPONSES TO CONSULTATION .
26 -545 : EFFECT OF NO WRITTEN COMMENT .
2� -550 : PREPARATION OF THE FINAL EIS--TIME PERIOD
28 ALLOWED .
29 -570 : PREPARATION OF FINAL EIS--WHEN NO CRITI -.
30 CAL- COMMENTS RECEIVED ON THE DRAFT EIS .
31 -580 : PREPARATION OF THE FINAL EIS--CONTENTS--
32 WHEN CRITICAL COMMENTS RECEIVED ON DRAFT
33 EIS .
34 -600 : CIRCULATION OF TNE FINAL EIS .
CITY Of RENTON
DLANNING DEPARTMENT
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1 -650 : EFFECT OF AN ADE UATE FINAL EIS I
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2 PREPARE�D PURSUANT TO NEPA .
3 -652 : SUPPLEMENTATION OF A LEAD AGENCY OF
4 AN INADEQUATE FINAL NEPA EIS .
5 -660 : USE OF PREVIOUSLY PREPARED EIS FOR
6 A DIFFERENT PROPOSED ACTION .
7 -690 : USE OF A LEAD AGENCY ' S ETS BY OTHER
8 ACTING AGENCIES FOR THE SAME PROPOSAL .
9 -695 : DRAFT AND FINAL SUPPLEMENTS TO A
10 REVISED EIS .
11 -700 : NO ACTION FOR SEVEN DAYS AFTER PUBLI -.
12 CATION OF THE FINAL EIS .
13 -710 : EIS COMBINED WITH EXISTING PLANNING
14 AND REVIEW PROCESSES .
15 -830 : RESPONSIBILITIES OF AGENCIES--S'EPA
16 PUBLIC INFORMATION CENTER.
17 -835 : REGIONAL SEPA PUBLIC INFORMATION
lg CENTERS .
ig -840 : APPLICATIONS OF AGENCY GUIDELINES TO
20 ONGOING ACTIONS .
21 4-2g.�:5 ADDITIONAL DEFINITIONS . ., In addition to those definitions con-
22 tained within WAC 197- 10-040 , theifollowi_ng 'terms shall have
23 the following meanings , unless the context indicates otherwise :
24 1 . " Department" means any divis��on , subdivision or organizational
25 unit of the city established by ordinance , rule , or order.
26 2 . "SEPA Guidelines " means WAC 197- 10 adopted by the Council
27 on Environmental Policy . - �
28 4-28 .6 TIME LIMITS APPLICABLE TO THE SEPA PROCESS , The following time
29 limits (expressed in work days ) shall apply to the processing
30 of all private projects and to those governmental proposals sub-
31 mitted to this city by other agencies :
32 l . Cate�gorical Exemptions . Identification of categorically
33 exempt actions shall occur within seven ( 7) days of submis-
34 sion of an adequate and complete application .
CITY OF RENTON
DLANNING DEPARTMENT
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1 2 . Threshold Determinations .
2 l . Threshold determinations which can be made based upon
3 review of the environmental checklist s.ubmitted by
4 applicant should be completed with fifteen ( 15 ) days
5 of submission of an adequate application and the com-
6 pleted checklist.
7 2 . Threshold determinations requiring further information
g from the applicant or consultation with other agencies
g wi th j uri sdi cti on shoul d be compl eted wi thi nLtwenty __v_
' lp ( 20)� days of receiving the requested information from
T 11 the applicant or the consulted agency ; requests by the
12 city for such further information should be made within
' 13 twenty (20) days of the submission of an adequate
.-� 24 application and completed checklist ; when a request for
1� further information is submitted to a consulted agency ,
16 the city shall wait a maximum of thirty ( 30 )�days far
17 the consulted agency to respond .
lg 3 . Threshold determinations which require that further
ig studies , including field investigations , be initiated
20 by the city should be completed within thirty ( 30 ) days
21 of submission of an adequate application and the comple-
22 ted checklist .
23 4 . Threshold determinations on actions where the applicant
24 recommends in writing that an EIS be prepared because .
25 of the significant impact asserted and described in
26 the application shall be completed within twenty ( 20)
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2� days of submission of an adequate application and the
28 completed checklist .
29 5 . The time limits set forth in this subsection shall not
30 apply to withdrawals of affirmative and negative thres- '
31 hold determinations .
32 6 , When a threshold determination is expected to require �
33 more than twenty ( 20 ) days to complete and a private
34 applicant requests notification of the date when a �
CITY OF RENTON I
DLANNING DEPARTMENT I
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1 threshold determination will be made , the lead agency
2 shall transmit to the private applicant a written state-
3 ment as to the expected date of decision .
4 3 . Exemption for Emergency Actions . Actions which must be under-
� 5 taken immediately , or within a time too short to allow full
6 compliance with this Ordinance , to avoid an imminent threat
7 to public health or safety , to prevent an imminent danger to
8 public or private property , or to prevent an imminent threat
9 of serious environmental degradation , shall be exempt from �
10 the procedural requirements of this Ordinance . The responsi -
� 11 ble official shall determine on a case-by-case basis emergency
12 actions which satisfy the general requirements of this Section .
13 4 . Decision of Responsible Official Final . The decision of the
14 responsible official determining the exemption or significance
15 of an action , or the need for additional information to be able
16 to make a threshold determination, shall be final and not sub-
17 ject to appeal , unless within ten ( 10 ) days from the date of
lg decision the applicant , or an adverse party , applies to King
19 County Superior Court for a writ of certiorari , a writ of
20 prohibition , or a writ of mandamus .
21 4-2g . 7 ENVIRONMENTALLY SENSITIVE AREAS .
22 1 . Greenbelt designations on the land use element of the Com-
23 prehensive Plan and the Conservancy Environment of the Shore-
24 line Master Program shall be designated and considered as
` 2� environmentally sensitive areas . The " 100 Year Flood Plains "
26 delineated by the Army Corps of Engineers , King County Depart-
27 ment of Public Works , Hydraulics Division ,or other recognized
28 authority shall be designated as environmentally sensitive
29 areas .
30 2 . Categorical exemptions shall not apply to those areas desig-
31 nated as environmentally sensitive areas . Major actions
32 which will be located wholly or partially within an environ-
33 mentally sensitive area are to be treated no differently
34 than other major actions under these guidelines . A threshold
CITY Of RENTON
PLANNING DEPARTMENT
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1 determination shall be made for all such actions , and an
2 EIS shall not be automatically required for a proposal
3 merely because it is proposed for location in an environ- .
4 mentally sensitive area .
5 3 . Categorical exemptions do not apply on lands covered by
6 water , and this remains true regardless of whether or not •
7 lands covered by water are mapped .
8 4-28 . 8 USE OF EXEMPTIONS .
9 1 . The applicability of the exemptions shall be determined by
10 each department within the city which received an applica-
11 tion for the first permit or license , or in the case of
12 governmental proposals , by that department initiating the
13 proposal .
14 2 . If a proposal includes a series of actions , physically or
15 functionally related to each other , some of which are
16 exempt and some of whi_ch are not , the proposal is not
17 exempt .
18 3 . If the proposal includes a series of exempt actions which
19 are physically or functionally related to each other , but
20 which together may have a significant environmental impact ,
21 the proposal is not exempt.
22 4 . If it is determined that a proposal is exempt , none of the
23 procedural requirements of these guidelines apply to the
24 proposal . No environmental checklist shall be required
25 for an exempt proposal .
26 5 . A department which is determini�ng whether or not a proposal
27 is exempt shall ascertain the total scope of the proposal
28 and the governmental licenses required. If a proposal in-
29 cludes a series of actions , physically or functionally
30 related to each other , some of which are exempt and some
31 which are not , the proposal is not exempt . For any such
32 proposal , the lead agency shall be determined , even if the
33 license application which triggers the department ' s consid-
34 eration is otherwise exempt . If the lead agency is the
CITY Of RENTON
PLANNING DEPARTMENT
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1 city , then the responsible official shall be designated
ld as defined in Section 4-29-10.
2 6 . If a proposal includes both exempt and nonexempt actions ,
3 exempt actions may be authorized with respect to the pro- .
4 posal prior to. compliance with the procedural requirements
5 � of these guidelines subject to the following limitations :
6 1 . No major action (nonexempt action ) shall be authorized ;
� 2 . No action shall be authorized which will irrevocably
8 commit the city to approve or authorize a major action ;
9 3 . A department may withhold approval of an exempt action
10 which would lead to modification of the physical en-
11 vironment , when such modifications would serve no pur-
12 pose if later approval of a major action is not secured ;
13 an d
14 4 . A department may withhold approval of exempt actions
15 which would lead to substantial financial expenditures
16 by a private applicant which would serve no purpose if
17 later approval of a major action is not secured .
18 4-28 . 9 LEAD AGENCY DETERMINATION AND RESPONSIBILITY . �
19 1 . The department receiving the first permit or license appli -
20 cation for a proposal or initiating a proposal , any portion
21 of which involves a major action , shall be the lead agency
22 for the city for that proposal pursuant to the criteria set
23 forth in Section WAC 197- 10-205 through -270 , using the
24 procedures of WAC 197- 10-203 . NOTE : A lead agency must
25 be a department with jurisdiction .
26 2 . In those instances in whi.ch the city is the lead agency , the
27 responsible official of the city shall supervise compliance
28 with the threshold determination , and if an EIS is necessary ,
29 shall supervise preparation of the draft and final EIS .
30 3 . In those instances in which the city is not the lead agency
31 under the criteria of WAC- 197- 10-205 through -270 , all
32 departments of the city , subject to the limitations of
33 WAC 197- 10-390 , -660 , and -690 shall utilize and consider �
34 as appropriate either the declaration of nonsignificance or i
CITY Of RENTON
PLANNING DEPARTMENT
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1 the final EIS of the lead agency in conjunction with the
2 decisions of the city on the proposal. . In such instances ,
3 no city department shall prepare or require preparation of
4 a declaration of nonsignificance or EIS in addition to that
5 prepared by the lead agency .
6 4 . In the event that the city or any department thereof re-
7 ceives a lead agency determination made by another agency
8 which does not appear to be in accord with the criteria of
9 WAC 197- 10-205 through -245 it may object thereto . Any such
10 objection must be made and resolved within fifteen ( 15 ) days
11 of recei pt of the determi nati on , or the ci ty must peti ti on
• , 12 the Department of Ecology for a lead agency determination
13 pursuant to WAC 197- 10-260' within the fifteen ( 15 ) day time '�
14 period. Any such petition on beha� f of the city shall be
15 initiated by the department that would receive the first
16 permit application if the applicant were to make the appli -
17 cation with the city .
18 5 . Departments of the city are authorized to make agreements
19 as to lead agency status pursuant to WAC 197- 10-240 and
20 WAC 197- 10-245 : PROVIDED , That any such agreement involv-
21 ing assumption of lead agency status by the city will first
22 be approved by the responsible official for the city and
23 that any department which will incur responsibilities as
24 a result of any such agreement will approve the agreement .
�� 6 . Any department making a lead agency determination for a
26 pri vate project shal l requi re suffi ci ent i nformati on from
27 the applicant to ascertain which other agencies have juris-
28 diction over the proposal .
29 4-2:;8�. 10 DESIGNATION flF RESPONSIBLE OFFICIAL . '
30 1 . For those proposals for which the city is the lead agency ,
31 the responsible official shall be the director or his or
32 her designee of the department receiving the first permit
33 application for a proposal .
34 2 . The responsible official shall make the threshold determin-
CITY Of RENTON
DIANNING DEPARTMEtJT
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1 ation , supervise preparation of any required EIS , and I
2 perform any other functions assigned to the " lead agency"
3 or " responsible official " by those sections of the SEPA .
4 guidelines which were adopted by reference in ,�ection
- 5 4-2"�'4 _ hereof, for al l proposals for whi ch the ci ty i s the
, 6 lead agency .
� 3 . Where approval �is given to a proposal which required an
8 EIS , the responsible official may impose those reasonable
9 condi ti ons necessary to mi ti gate or avoi d the adverse
10 impacts of the proposal .
• 11 4-2' 811 ENVIRONMENTAL CHECKLIST.
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12 l . Except as provided in WAC 197- 10-300 ( 2,) , a completed envi -
13 ronmental checklist , or a copy thereof , substantially in
14 the form provided in WAC 197-10-365 shall be filed at the
15 same time as an application for a permit , license , certifi -
16 cate , or other entitlement for use not specifically exemp-
17 ted herein . This checklist shall be the basis for a deter-
18 mination by the city as to lead agency status and if the
19 city is determined to be the lead agency , then for the
20 threshold determination .
21 2 . For�-all proposals for which the city is the lead agency ,
22 the responsible official of the city shall make the thres-
23 hold determination pursuant to the criteria and procedures
24 of WAC 197-10-300 through -365 .
25 4-2 8. 12 PREPARATION OF EIS .
26 1 . At the option of the responsible official the draft and
, 27 final EIS shall be prepared by the responsible official , "
28 the applicant, a consultant hired by the applicant but
29 working under the direction of the responsible official ,
� 30 or a consultant hired by the responsible official but paid
31 for by the applicant . Any consultant hired to assist in
32 the preparation of the EIS shall be mutually agreeable to
33 both the responsible official and the applicant. Any con- I
34 sultant hired shall possess the following minimum require-
CITY OF RENTON
DLANNING DEDARTMfNT
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1 ments : objective approach , qualified staff and experience
, 2 or other measures which indicate that the task can be sat-
3 isfactorily handled within a � reasonable period of time . When
4 an EIS is required, the applicant shall be notified as soon
5 as possible after completion of the threshold determination .
- 6 2 . In the event that an EIS is to be prepared by a consultant
7 retained by the city , the responsible official shall assure
8 that the EIS is prepared in a responsible manner and with
9 appropriate methodology . The responsible official shall
10 direct the areas of research and examination to be under-
11 taken , as well as the organization of the resulting docu-
12 ment .
13 3 . In the event that the responsible official or his desigrree
14 is preparing an EIS , the responsible official may require
15 a private applicant to provide data and information which
16 is not in the possession of the city relevant to any or all
' 17 areas to be covered by the EIS . The responsible official
� 18 may refuse to process and consider a private application
19 further if the app7icant fails or refuses to provide infor-
20 mation required for the preparation of an adequate EIS .
21 4 . No matter who participates in the preparation of an EIS , it
� 22 must be approved by the responsible official prior to dis-
, 23 tribution ,
' 24 4-28. 13 ADDITIONAL ELEMENTS IN AN EIS . Every EIS shall include the
� 25 element of the economics , including the effect on both the
° 26 public and private sector . This may include but is not limited
27 to , short and long term employment , public and private invest-
28 ment , and an analysis of revenue generated by the proposed
29 action as compared with that which is existing . In addition ,
� 30 the following elements and any other pertinent element required
31 by the responsible official may be included in an EIS such as
32 the following : cultural factors , quality of life , neighborhood
33 cohesion , sociological factors and image of the city .
� 34
CITY OF RENTON
' D�ANNING DEPARTMENT
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1 4-2 g. 14 FEES .
2 1 . Threshold Determination . For every threshold determination
3 to be performed by the city when the city is the lead agency ,
� 4 a fee based upon the value of the proposal shall be charged
; 5 the applicant . For those pro�posals which have a value of
6 less than $ 1 ,000 , the fee shall be $5 . Those projects
7 which have a value of $1 ,000 or greater shall pay a $5 fee plus
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, 8 $ 1 per $1 ,000 or fraction thereof of the value of the pro-
9 posal . This fee shall be collected prior to undertaking
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10 the threshold determination , and the time periods provided
11 by this Ordinance for making a threshold determination
12 shall not begin until payment of the fee . This fee shall
13 be collected for each checklist submitted for revised or
14 modified proposals . Those proposals which include lands
15 covered by water and environmentally sensitive areas shall
16 pay a fee at a rate of one and one-half ( 12) times the
17 above fee . Those proposals which do not include the con-
lg struction of structures , movement of earth , removal of
19 trees and similar actions that do not p}iysically cha`�nge or
20 modify land which shall include but is not limited to re-
21 zones , open space applications and annexations shall be
22 exempt from the fee . Should the applicant indicate in
23 writing at the time of submission of the environmer�.tal
24 checklist form that an EIS is necessary in his opinion and
25 the Department making the threshold determination concurs ,
2b the fee shall be applied to the cost of preparing an EIS
27 as required below , provided a declaration of significance
28 can be made from solely the original data submitted on the
29 environmental checklist form ( no additional information is
30 requested) .
31 2 . Environmental Impact Statements . Whenever a declaration
32 of sigriificance on an application is reached requiring pre-
33 paration and circulation of an EIS , the department which
34 made the decision shall meet with the applicant as soon as
CITY OF RENTON
PLANNING DEPARTMENT
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1 reasonable to estimate the anticipated cost of the EIS
2 and determine the amount requi red to be deposi ted wi th the
3 City of Renton to cover said cost. The time periods pro- ,
4 vided by this Ordinance for an EIS shall not begin until
5 the deposit of said cost has been made . In the event the
6 deposited amount exceeds the actual cost of the prepara-
7 tion of the EIS , such excess shall be refunded to the appli -
8 cant . In the event the actual cost exceeds the deposit ,
9 such excess shall be paid to the city by the applicant prior
10 to final action by the city . For the purpose of this Sec-
11 tion , cost of an Environmental Impact Statement shall include
12 the cost of preparation , publication , including printing ,
13 colating , binding and circulation of the preliminary and
14 final( Environmental Impact Statements , and all such costs
15 shall be borne by the applicant . Cost of preparation shall
16 include all required City staff time , as well as retained
17 professional or technical services . The City shall estab-
18 lish a staff time billing rate for such City employees
19 which will accurately reflect the actual cost to the City
20 of such employee ' s time .
21 3 . Project Modification . In the event that a proposal is �
22 modified so that an EIS is no longer required , the respon-
23 sible official shall refund any costs collected under item
24 2 of this Section for costs not incurred.
25 4 . Consulted Agency . No fees shall be collected by the city
26 for performing its duties as a consulted agency .
27 5 . Document Charge . The city may charge any person for copies
2g of any document prepared pursuant to the requi rements of
29 this Ordinance , and for mailing thereof, in a manner pro-
30 vided by Chapter 42 . 17 , RCW .
� 31 4-28, 15 DESIGNATION OF OFFICIAL TO PERFORM CONSULTED AGENCY RESPONSI -
I 32 BILITIES FOR THE CITY .
33 1 . The following office shall be responsible for the prepara-
34 tion of the wri tten comments for the ci ty in response to
CITY OF RENTON
DLANNING DEPARTMENT
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a
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1 a consultation request prior to a threshold determination ,
2 participation in predraft consultation , or reviewing a
3 draft EIS : Planning_ Department . , ,
4 2 . The official designated in paragraph 1 above hereof shall
5 be responsible for compliance by the city with WAC 197- 10-
6 500 through -540 wherever the ci ty is a consul ted agency ,
7 and is hereby authorized to develop operating procedures
8 which will ensure that responses to consultation requests
9 � are prepared in a timely fashion and include data from all
10 appropriate departments of the city.
11 4-28''. 16 SEPA PUBLIC INFORMATION CENTER.
12 1 . The following location constitutes the city ' s SEPA public
13 information center:
14 � }�, Planning Department
�
15 2 . All reasonable means will be used to make the existance
16 and location of the city ' s SEPA public information center
17 known to both the public generally and the employees of
18 the ci ty .
19 3 , The SEPA public information center shall contain the docu-
, 20 ments and provi de the servi ces requi red by WAC 197- 10-830 .
21 4 . The SEPA public information center of the city is hereby
22 authorized to charge periodic fees for the service of mail -
23 ing registers and register updates . Such fees shall be
24 reasonable related to the costs of reproduction and mail -
25 ing of registers and updates .
26 4-2�8. 17 STATUTE OF LIMITATIONS .
� 27 1 . The city , applicant for , or proponent of an action may
2g publish notice of action pursuant to RCW, 43 .21C .080 for
29 any action .
30 2 . The form of the notice shall be as prescribed by the depart-
31 ment of ecology and/or substantially in the form and manner
32 set forth in RCW 43 .21C .080 . The notice shall be published
33 by the ci ty clerk , appl i cant or proponent pursuant to RCW
34 43. 21C .080 . �
CITY OF RENTON
PLANN�NG DEPARiMENT
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1 4-28 . 18 SEVERABILITY . If any provision of this Ordinance or its
2 application to any person or circumstance is held invali.d ,
3 the remainder of this Ordinance , or the application of the
4 provision to other persons or circumstances , shall not be
5 affected .
6 4-28 . 19 PENALTIES FOR VIOLATION . Any person , firm, or corporation ,
7 whether as principal , agent , employee , or otherwise , viblat-
8 ing or causing the violation of any of the provisions of this
9 Ordinance upon conviction shall be guilty of a misdemeanor
10 or gross misdemeanor , and shall be punishable by a fine of
11 not more than five hundred dollars ($500 ) or by imprisonment
12 for a term not to exceed six (6 ) months , or by such fine and
13 imprisonment . Such person , form , or corporation shall be
- 14 deemed guilty of a separate offense for each and every day
15 during any portion of which any violation of this Ordinance
1� is committed or continued by such person , firm , or corporation
17 and shall be punishable as herein provided .
, 184-28`.. 20 EFFECTIVE DATE . This Ordinance shall be effective from and '
19 after its passage , approval and five (5 ) calendar days after
_ . 2p its publication , unless otherwise provided for hereinabove .
21
22 PASSED BY THE CITY COUNCIL THIS 23rdday of August lg 76 ,
23
2 4 ' 1' �' �
Delores Mead, Cit,�_Clerk-
25
26 APPROVED BY THE MAYOR TF{IS 74t}, day of Au�ust 1976 .
2 7 � /�/.��C`�;�,�2�!
-���G��ei� .�S
28 Charle�J . Delaurenti , Mayor
29
30 Approved as to form:
31 %�3 2 ��
Ge�rard' �M . S el l an , Ci ty Attorney
33
34 Date of Publ i cati on ���s�ti�-� 27� i ���
CITY OF RENTON
PLANNING DEPARTMENT