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HomeMy WebLinkAboutORD 3891 T � � �'� • w'i � , 7 . � .�. � „ .. ��rn�ex��1.�c� b�*G.{��.1-#�-�3c��js CITY OF F2EN1"ON. WASHING7�ON y-���J ��a� �g�� ORDINANCE NO.3 8 91 ���'�, �t�3,5��3� 5�-�, �8 AN ORDINANC� UF THk CIT Y OF I�ENrON� WA5HINGTUN FtEPEALING I CHAPTE:R 28, 7ITL� IV (BUILDING R�GULA�I"IONS) OF Ot=iDINANCk NO. 1628 KNOWN AS T HE "CODE OF� G�.N�I�AL ORDINnNC�5 O� T HE CI'TY OF" f�EN�f�ON" AND AVOPTING � N�W CHAPTER 28 T�O COMP�Y W1TH THk` 5'T�TE �NVIF�UNMENTAL POLICY �C7 OF 1971 AS �MEND�U (FtCW 43.21C) �S1�ABLI5HING PI=tUC�l�Uf2ES �TU D�T�:FtMINE �I�H� IMPACT OF� A PROPOS�D AC7ION �ND WH��C H�Ft AN �NVIRONMENTAL IMPACI" S7AI�EMEN�� I5 I�EG�UTf��l7. WHEREAS, nn January 26, 1984, the Department of E:cology ofi the State nf WashingL�n adopted Washinyton Administrative Code Chapter 197-11 adnptirig the new State Envirnnmental Policy ACt F�ules� and repealed Washirigton Administratave Code Chapter 1y7-10 cnntaininy the former State Environmental Policy Act Guidelines; and WH�REAS, under Washingtnn Administrative Code 197-11-904 and 906 the City is required to adopt 5EPA puli�ies and procedures, which must implemer�t and be cnnsistent with the SEPA rules adopted by the Department of E.cology pursuant to W�1C Chapter 197-11; and WHEREA5. it is the purpose of this ordinanc:e to comply with WAC 197-11-904 and 906 by amending the existing Renton Environmerital Ordinance, and by adding certair� new provisions to said Code. which amendments and new provisions are consistent with and will implement such SEP� �tules; and , WHEFTEA5, the City, recngnizes that man depends on his biological and pt�ysical surroundings For food. shelter and other needs, and for cultural enrichment as w�ll. and recognizes further the profound impact of man's activity on the interrelations of all components of the natural environment. particularly the profound inFluences of population growth, hiyh density urbanization, iridustrial �xpansions, resource utilization and exploitatinn and new and ex�anciing technological advarices. and recognizes further the critical importance of restoring and maintaining environmental quality tn th� overall welfare and development of man; and WHERkA5, the City recognizes that eac:h person has a fundamental arid inalienable right ' to a healthful environment and that eac:h person has a responsibility to contribute to the pres�rvation and enhancement of th� environment; and WHEFtEAS. due to the effective date of the new State 5EPA Rules, an emergency exists which requires that this ordinance become effective immediately upon adoption by the City Council to protect the public's health, safety. property and peace by bringing the City's ordinance in to conformity with the new State SEPA Ftules, and WHEREA5, the City has provided public notice and oppnrtunity for public comment as part of the process for adopting its f-2enton Environmental Ordinance procedures and formally designating its policies, NOW 7HEREFOFZE 'fHE CITY COUNCIL OF THE CI7�Y OF F�ENI�ON. WASHINGTON� DO ORDAIN AS FOLLOWS: � ' ' ORDINANCE N0. 3891 � J � ' , . ' , � • �, � �-- •� •� T - 2 - P�RT ONE 4-2801: 1�1TLE: This Ordinance shall be hereinafter known as the "Renton Environmental Ordinance", may be cited as such, will be hereinafter referred to as "this Ordinance"� and same shall be and constitute Chapter 28, Title IV (Building Regulations) of Ordinance No. 1628 known as the "Code of General Ordinances of the City of Renton." 4-2802: INTENT: The City of Renton adopts as its own the policies and objectives of the State Environmental Policy �ct of 1971� as amended (RCW 43.21C). (A) The City� recognizing that man depends on his biological and physical surroundings for food, shelter and other needs, and for cultural enrichment as well, and recognizing further the profound impact of man's activity on the interrelations of all components oF the natural environment, particularly the profound influences of population growth� high density urbanization, industrial expansions. resourc;e utilizatior� and exploitation and new and expanding te�tmoingical advances, and recognizing further ttie critical importance of restoring and maintaining environmental quality to the overall welfare and development of man. declares that it is tt�e continuing policy of the City, in cooperation with F'ederal, State and other local governments and in �ooperation witt� other c:oncerneci public and private organizations. to use all practicable means and measures in a manner calc:ulated to foster and promote the general welfare. to create and maintain conditions under which man and nature can exist in productive harmony� and fulfill the social, economic and other requirements of present and Future generations of Washington citizens. (B) In order to carry out the policy set forth in this Ordinance, it is the continuing responsibility of the City to use all practicable means, consistent with other essential considerations of State and City policies. to improve and coordinate plans. functions, programs and resources to the end that the State and its citizens may: 1. F ulfill the responsibilities of each generation as trustees of the environment for succeeding generations; 2. Assure for all people of Washington safe. healthful. productive and aesthetically and culturally pleasing surroundings; 3. Attain the widest range oP beneficial uses oP the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; 4. Preserve important histori�� cultural and natural aspects of our National heritage; � . , � ,'� � ORDINT��7�E �;,C. 3891 � ', ',� f J • • � � � f S. Maintain, wherever possible. an environment which supports diversity and variety of individual choice; 6. Achieve a balance between population ar�d resource use which will permit high standards of living and a wide sharing oF life's amenities; and 7. Enhance the quality of renewable resources and approach the ' maximum attainable recycling of ciepletable resources. (C) The City recognizes that eacli person has a fundamental and inalienable rigfit to a healthful �nvironment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. (U) To the fullest extent possible. the policies� regulations and laws of th� 5tate of Washington and ordinances of the City shall be interpreted and administered in accordance with the policies set forth in this Ordinance. (E) To the fullest ext�nt possible. the City will utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision makin wh' h ' ic ma have an im act on man s environment. 9 Y P (F) This Ordinance sets forth methods and procedures which will insure that presently unquantified environmental amenities and values will be given appropriate consideration in decision making along with economic and technical considerations. i (G) 7he policies and goals set forth in this Urdinance are su lementar to PP Y � those set forth in existing authorizations of the State and City. 4-28U3: AUI�HORITY: �The City of Ftenton adopts this Ordinance under the State �nvimnmental Policy Act (5�P�1)� FtCW 43.21C.120, and the 5�P� rules, WAC 197-11-904. �This Urdinance contains this City's S�PA procedures and polices. '1'he S�PA rules, Chapter 1q7-11 W�C, must be used in conjunction with this Ordinance. 1"he City of t�enton possesses the authority to deny or condition actions in order to mitigate or prevent prot�able significant adverse environmental ' impacts. �This authority applies to all City activities including actions as defined in this Ordinance. whether or not such activities are considered to be ministerial in nature. ,� . � • � . , . ' ' ' � � ORDINt�NCE N0. 3891 � ' �` , ' - 4 - PAI�T TWU GtN�1=tnL R�QUIK�M�N1�S 4-28U4: PURPOSE UF THIS PAI��� ANU ADOP�fION BY REF�ERENC�: 1'his part contains the basic requirements that apply to the SEPA process. T he City of Renton adopts the following se�tions of chapter 197-11 of the Washington Administrative Code by reference: WAC 197-11-040 Uefinitions 197-11-OSU Lead ayency. 197-11-055 Timing of the 5EPA prucess. 1y7-11-060 Content nf environmental review. 197-11-070 l.imitations on ac:tions during SEPA process. 197-11-080 Incomplete or unavailable information. 197-11-090 Supporting documents. 197-11-100 Information reyuired �f applicants. 4-2805: AUUITIONAL DEFINIIIONS: In addition ta those definitions �ontairied within WAC 197-11-7UU through 197-11-799. when used in tt►is Ordinance, ttie followiny terms shall have ttie foll�wing meanings, unless the context indic;ates otherwise: (1) "lUepartment" means any division� subdivision or organizational unit o�f the City established by urciinance. rule, or �rder. (2) "S�PA rules" means Chapt�r 197-11 WAC adopted by the department of ecology. (3) "Urdinance" means the ordinance, resolution� or oth�r procedure used by tt�e City to adopt regulatnry reyuirements. (4) "Early nntice" means the City's response to an applicant stating whether it considers issuance of a determination of significance likley for the applicant's proposal (mitiyated determination of non-significance (DNS) procedures.) (5) "ERC" means the Environmental Review Committee of the City of Renton. (6) "DS" means Determination of Significanc�. (7) "DNS" means Determination of Non-significance. (8) "EIS" means Environmental Impact Statement. 4-2806: DESIGNAI"ION UF� R�SPONSIB�E OF�F'ICIAL AUTHOFZITY: (A) F or those proposals for which th� City is the lead agency, the responsible official shall be the �nvironmental I�eview Committee (EF�C). l�tie �.F�tC shall consist oF three (3) nfficials desic�nated by ttie Mayor with conc:urrence by the City Counc:iL � , � � ORDINANCE Nn. 3891 ' � ' . � � , 1 � � � /��• �1 � � S � f , t (B) For all proposals for which the City is the lead agency� the ERC shall make the threshold determination, supervise scoping and preparations of any required environmental impact statement (EIS). and perform any other , functions assigned to the "lead agency" or "responsible official" by those sections of the SEPA rules that were adopted by reference in W�1C 173-806-020. ' (C) The ERC may develop further administrative and procedural guidelines for �i the administration by the responsible official of the provisions of this Chapter. (D) The City shall retain all documents required by the S�PA rules (Chapter 197-11 W�C) and make them available in accordance with Chapter 42.17 RCW. 4-28U7: L�AD AGENCY DETEF�MINATIUN ANC� Ft�SPONSIBILITIES: (A) The department within the City receivirig an application �for or initiating a proposal that involves a nonexempt action shall determine whether ttie City is the lead agency for that proposal under WAC 197-11-OSO and 197-11-922 through 197-1 I-940; unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency. (B) In those instances in whicfi the City is the lead agency, the ERC shall supervise compliance with the threshold determination and, if an EIS is necessary, shall supervise preparatinn of the draft and final EIS. (C) When the City is not the lead agency for a proposal. all departments of the City shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. The ERC shall not prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency� unless required under WAC l97-11-600. In some cases, the City may conduct supplemental environmental review under WAC 197-I1-600. (U) If the City or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria oF WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency oriyinally makir�g the determination and resolved withiri fifteen (15) days of receipt of the determination, or the City must petition the Department of �cology for a lead agency determination under WAC 197-11-946 within the fifteen (15) day time period. Any such petitinn on behalf of the City may be initiated by the �RC. (E) The EFtC is authorized tn make agreements as t� lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; PFZOVIDEU, that the EI�C and any department that will incur responsibilities as the result of such agreement approved the agreement. ' � • ORDINAr7CE NO. 3891 � � � ' , � . , � � , � .,�, � .� , , - 6 - (F) Any department making a le�d agency determinati�n for a private project shall require sufficient information From the applicant to identify wt�ich other agencies have jurisdiction over the proposal. 4-28U8 TIME LIMI7S APPI.ICABL� 1�U TH� S�PA PHtUCkSS: The following time limits (expressed in calendar days) shall apply to the processing of all private projects and to those governmental proposals submitted to this City by other agencies: (A) Categorical Exemptions: Identification oF categorically exempt actions shall occur within ten (!0) days of submission of an adequate and complete application. (B) Threshold Determinations: 1. 1"hreshold determinations not requiring further information from the applicant or consultation with agencies with jurisdiction should be completed within fifteen (15) days of submission of an adequate application and the completed check list. 2. Threshold determinations requiring further information from the applicant or consultation with other agencies with jurisdiction should be completed within twenty (20) days of receiving the requested information from the applicant or the consulted agency; requests by the City for such further information should be made within twenty (20) days of the submission of an adequate application and completed che�k list; when a request for further information is submitted to a consulted agency, the City shall wait a maximum of thirty (30) days For the consulted ayency tu resp�rid. �. �fhreshold determinations whic:t� require that further studies including. but not limited to, Field investigations� be initiated by the City should be completed withir� thirty (30) days of submission oP an adequ�te application and the completed check list. 4. Threshold determinations on actions where the applicant recommends in writing that an EIS be preparc3d, because of the probable significant adverse environmental impacts described in the application, shall be completed within twenty (20) days of submission of an adequate application and the completed check list. 5. When a threshold determination is expected to require more than twenty (20) days to complete and a private applicant requests notification of the date when a threshold determination will be made, the EFtC or its agent shall transmit to the private applicant a written statement as to the expected date nf decision. � � � � � � ' ORDINANCE NO. 3891 , � � . � .��, ,� , . � � � � - 7 - C Additional T�imin Considerations: � ) 9 1. F or nonexempt proposals, the DNS or Final EIS for the proposal shall accompany the City's staff recommendation to the Hearing ' Examiner or other appmpriate advisory body, such as the Planning , Commission. , 2. If the City's only action on a proposal is a decision nn a building permit or other license that requires detailed project plans and ! specifications, the applicant may request in writing that the ERC conduct an environmental review prior to submission of detailed plans and specification. A completed environmental checklist st�all be submitted along with the appropriate environmental fees. The EFtC may require specific detailed information at any time. P�FZT THFt�E CA�I�EGOI�ICAL kX�MPTION5 �ND 7�HRESHULD 1��1�EF�MINATIONS 4-2809: PUFtPUSE OF THIS Pni��l- AND ADUP��ION BY I�EFEFt�NCt. This part contains the rules for deciding whether a proposal tias a "probable significant, adverse environmental impact" requirir�g an environmental impact statement (�1S) to be prepared. This part also contains rules for evaluating the impacts of proposals not requirir�y an EIS. 7he City adopts the following sections by reference� as supplemented in this �art: WAC 197-11-300 Purpose of this part. 1y7-11-30S Categorical exempti�ns. 197-11-310 Threshold determination required. 197-11-315 Environmental checklist. 197-11-330 7hreshold determination process. 197-11-335 Additional information. 197-11-340 Determination of n�nsignificance (DNS). 197-11-350 Mitigated DNS. 197-11-360 Determination of significance (DS)/initiation of scoping. 197-11-390 Effect of threshold determination. 4-2810 F�L�XIBLE THRESHOLDS FOR CA1"EGOF2ICAL EXEMP1�lON5. (A) The City of F7enton extablishes the followiny exempt levels for minor new construction under WAC 197-11-�300(1)(b) based on local conditions: For landsfills and excavati�ns in WAC 197-11-800(1)(b)(v): Up to 500 cubic yards. (B) Whenever the City establishes new exempt levels under tt�is s�ction, it shall send them to the lUepartment of �cology. Headquarters Uffice. Ulympia� Washington. 98504 under WAC 197-11-800(1)(c). � I ,, �'� � ORDINANC�; NO., , 3891 � � , ' � , - 8 - 4-2811: USE OE EXEMPTIUN5: (A) �ach department within the City that receives an applic:ation For a license I or, in the case of governmental proposals, the d�partment initiatiny the proposal� shall determine whether the license and/or the proposal is ' exempt. Ttie department's determination that a proposal is exempt shall be final and not subject to administrative review. Tf a prupusal is exempt, none of the procedural requirements oF this Urdinance apply t� the proposal. The City shall not require completion of an environmental ch�cklist for an exempt proposal. i (C3) In determining whether or not a proposal is exempt. the department shall make certain the proposal is properly defir�ed and shall identify tt�e governmental licenses required (WAC 197-11-060). (C) A de{�artment which is determining whether or not a proposal is exempt shall ascertain the total scope of the proposal and the governmental licenses required. If a proposal includes a series of actions. physically or ' functionally relateci to each other, some of which are exempt and some �� which are not. the proposal is not exempt. For any such proposal. the lead agency shall be determined� even if the license application which triggers the department's consideration is otherwise exempt. If the lead agency is the City, then the responsible official shall be designated as defined in Section 4-2806. (U) If a proposal includes both exempt and nonexempt actions. exempt actions may be authorized with respect t� the prnposal prinr to compliance with the procedural requirements of these yuidelines except that: 1. T he City shall not give authorization for: (a) Any nonexempt action; (b) Any action that would have an adverse enviranmental impact; (c) Any action that would limit the choice of alternatives; or. (d) Any action that will irrevocably commit the City to approve or authorize a major action. 2. A department may withhold approval of an exempt action that would lead to modiFication of the physical environment. when such modification would serve no purpose if nonexempt action(s) were not approved; and 3. A department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt actions(s) were not approved. . „ , �'� � ORDINANCF NO., , 3891 ` , , � , � , - 9 - 4-2812: ENVIRONMENTAL CHECK LI5T: I (A) A completed environmental checklist (or a copy), in the form provided in WAC 197-11-960� shall be filed at the same time as an application for a permit, license. certificate, or other apprnval not specifically exempted in this Ordinance; except, a checklist is not needed if the ERC and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA , compliance has been initiated by another agency. 7he department within the City receiving the application or initiating the action shall use the environmental checklist to determine the lead agency. If the City is the lead agency� the ERC shall use the envirnnmental checklist for making the threshold determination. (B) For private proposals, the department within the City receiving the application will require the applicant to complete the environmental , checklist, providing assistance as necessary. F or City proposals, the department initiating the proposal shall complete the environmental checklist for that proposal. (C) �l�he �t�C may require that it, and not ttie private applicant. will complet� all nr part of the environmental checklist For a private proposal. if either nf ttie following occurs: 1. The City has technical information on a question or questions that is unavailable to the private applicant; or 2. 1"he applicant has provided inaccurate information on previous !, proposals or on proposals currently under consideration. , 4-2813: MIl"IGATEU DNS: (A) As provided in this section and in WAC 197-11-350. the ERC may issue a ! DNS based on changes �to. or clarifications of� the proposal made by the applicant. , (B) An applicant may request in writing early notice of whether a DS is likely I' under WAC 197-11-350. 7he request must: 1. F ollow submission of an environmental checklist for a nonexempt proposal for which the City is lead ayency; and 2. Precede the City's actual threshold determination for the proposal. (C) The �FtC should respond to the request for early notice within fifteen (15) working days. The response shall: 1. t3e written; 2. State whetlier the �RC currently considers issuance of a DS likely and. if so, indicate the general or specific area(s) of c�ncern that is/are leading the �FtC to consid�r a 175; and , ' � � , . , ,� , ORDINAI�C.E TJ,C�,. 3891 ` , . , , � , - 10 - 3. State that the applicant may change or clarify the proposal to mitigate tt�e indicated impacts, revising the environmental checklist and/or permit application as necessary to refl�c;t the changes or �larifications. (U) �s much as possible. the �FtC should assist the applicant with identification of impacts to the ext�nt necessary to formulate mitigation measures. (k) When an applicant submits a changed or clarified proposal, along with � revised or amended environmental checklist, the EFtC shall base its threshold determination on the changed or clarified proposal and stiould make the determination within twenty (20) days of receiving the changed , or clarified proposal: ' 1. If the EF2C indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures. the ERC shall issue and circulate a DNS under WAC 197-11-340(2). 2. If the ERC indicated areas of concern, but dici not indicate speciFic mitigation measures that would allow it to issue a DNS, the ERC shall make the threshold det�rmination, issuing a DNS or DS as appropriate. 3. 7he applicant's proposed mitigation measures (clarific:ations, changes or conditions) must be in writing and must be specific. For example, proposals to "control noise" or "prevent stormwater runoff" are inadequate, whereas proposals to "mu�ffle machinery to X d�cible" or "construct 200-foot stormwater retention pond at Y � location" are adequate. 4. Mitigation measures which justify issuance of a mitigated UNS may �, be incorporated in the IUN5 by reference to agency staff reports, , studies or other documents. ' (�) A mitiyated DNS is issued under WAC 197-11-340(7_), requiring a fifteen (1 S) day comment period and public notice. (G) Mitigation measures incorporated in the mitigated UNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit. or enforced in any manner specifically prescribed by the City. (H) "�he E:RC's written response under subsecti�n (B) of this section shall not be construed as a determination of significance. In addition� preliminary discussion of clarifications or changes to a proposal� as opposed to a written request for early notice. shall not bind the ERC to consider the clarifications or changes in its threshold determination. l i 1 � � , . ORDINAl`TC� N7. , 3891 ` � , , - 11 - PAR7 FOUR I ENVIRONMENTAL IMPACT STA7EMEN'( (EIS) 4-2814 PURPO5E OF THI5 PART AND ADOPTION BY REF EF�ENCE: 7fiis part contains the rules for preparing environmental impac:t statements. 7he City adopts the following sections by reference, as supplemented by this part: WAC 197-11-400 Purpose of EIS 197-11-402 General requirements. ' 197-11-405 EIS types. 197-11-406 EIS timing. 197-11-408 Scoping. 197-11-410 �xpanded s�oping. (Optinnal) 197-11-420 EI5 preparation. 197-11-425 Style and si�e. 197-11-430 F ormat 197-11-435 Cover letter or memo. 197-11-440 �I5 contents. 197-11-442 Contents of EIS on nonproject proposal. 197-11-443 �IS contents when prior nonproject �IS. 197-11-444 �lements of the environment. 197-11-448 F�elationship o�f EIS to other considerations. 197-11-450 Cost-beneFit analysis. 197-11-455 lssuance of DEIS. 197-11-460 Issuance of F"EI5. + 4-2815: PREPARATION OF EI5 -- AUDITION�L CONSIUERATIONS: (A) Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EIS's (SEIS) is tt�e responsibility of the ERC. Before the City issues an EIS. the ERC shall be satisfied that it complies with this Ordinance and Chapter 197-11 WAC. (B) The UEIS and FEIS or draft and final SEIS shall be prepared by City staff, the applicant. or by a consultant selected by the City through its consultant selection process. If the ERC requires an EIS for a proposal and determines that someone other than the City will prepare tt�e tIS, the EFtC shall notify the applir.ant immec�iately after completion of the tfireshold determination. The �f-iC shall also notify the applicant of the City's procedure for �IS preparation, including approval of the vEIS and F EIS prior to distribution. (C) 'The City may require an applicant to provide in�formation the City does not possess. including� but not limited to, specific investigations. However, ttie applicant is not required to supply information that is not required under this Ordinance or that is being requested fr�m another agency. (This does not apply to information the City may request under another orciinance or statute.) , ' � , , � , , � � ORDINA�10E N,��. 3891 � � , � , , - 12 - 7h� kl;tC may refuse to proc:ess and consider a private applicatiun further ; iF the applicant fails or refuses to provide information required for the � preparation of an adequate �IS. 4-2816: Al'UL7ITIUNAL EL�.MEN�1"S �(�O BE COVEREL� IN AN EIS: 7he EF2C may require the following additional elements as part of the environment �for the purpose of EIS content, but these elements do not add to the criteria �for threshold determination or perform any other function or purpose under this ordinance. (1) Economics, includiny the �ffects on both the public and private sector, (2) Cultural factors. (3) Quality oF life, (4) Neighborhond cohesion. (5) Sociological factors, and (6) Image of the City. PAFt7 E�IVE COMMENIING 4-2817: AUUP�1"ION BY I�EF ER�NCt: 7his part contains rules for cnnsulting, commenting, and responding on all environmental docum�nts under 5EPA, , including rules for public notice and tiearings. The City adopts ttie following sections by reference, as supplemented in tt�is {�art: WAC 197-11-50U Purpnse of this part. 197-11-502 lnviting comment. 197-11-504 Availability and cost oF environmental documents. 197-11-508 SEPA register. 197-11-535 Public hearings and meetings. 197-11-545 Effect of no commerit. 197-11-550 Specificity of comments. 1y7-11-560 F"EIS response to comments. 197-11-570 Consulted agency costs to assist lead agenc:y. � ORDINANCE NO. 3891 � � � ' . , , , � � . , , � - 13 - 4-2818: PUBLIC NOTICE: (A) Whenever the ERC of the City of Renton issues a UNS under W�C 197-11-340(2) or a DS under W�C 197-11-360(3) the ERC shall give public notice as follows: 1. If public notice is required for a nonexempt license. the nntice shall state whether a DS or UN5 has been issued and w�ien comments are due. 2. If no public notice is required for the permit or approval, the City shall give nntice of the DN5 or US by: (a) Posting the property� fnr site-specifir. proposals; and, (b) Publishing notice in a newspaper of general c:irculation in the county. city, or general area where the propnsal is located. 3. Whenever the EFtC issues a U5 under WAC 1y7-11-360(3). the ERC shall state the scoping proc;edure fur the proposal in the DS as reyuired in WAC 197-11-408 and in the public notir,e. (B) Whenever the EI�C issues a L"U�IS under WAC 197-11-455(5) or a S�I5 under WAC 197-11-62U. notice of tf�e availability of tt�ose documents shall be given by: 1. Indicating the availability of the DEI5 in any public notice required for a nonexempt license; 2. Posting the property. for site-specific proposals; and 3. Publishing notice in a newspaper of general circulation in the county� city, or general area wher� the proposal is located. (C) Whenever possible� the ERC shall integrate the public notice required . under this section with existirig notice procedures for the City s nonexempt permit(s) or approval(s) required for the proposal. ' (D) The �RC may require an applicant to complete the public notice requirements for the applicant's proposal at t�is or her expense. 4-2819: UtSIGNATION OF� UF�FICIAL TO P�HFURM CONSULT�D AGENCY � FtESPUNSIBTLIT IES F OFt THE CI1 Y: (A) The �C�C. or its designate� shall be responsible for preparation of written c:omments for the City in response to a c:onsultation request pri�r to a thresliold determination, participation in s�oping. and reviewing a D�I5. I � , ' , . , , ' � , �� � ORDINT-�NCE Iti�. 3891 � � , ' , , - 14 - (B) The ERC, nr its designate. shall be respunsibl� for the City complianc:e with WAC 197-11-550 whenever the City is a consulted agency and is authorized to develop operating proc:edures that will ensure that responses , to consultation requests are pre�ared in a timely fashion and include data from all appropriate departments of the City. PAFtT SIX USING �XIS7ING ENVII�UNMEN�fAL UOCUMENT5 4-282U: PUFtP05� OF" THIS PART ANU ADOPTION BY I"�EF�RkNCE: this part contairis rules for using and supplementing existing environm�ntal documents prepared under SEPA or National �nvironmental Policy Act (NEPA) for ttie City's own environmental compliance. The City adopts the following sections by reference: WAC 197-11-600 When to use existing environmental documents. 197-11-610 Use of NEPA doc:uments. 197-11-620 Supplemer�tal environmental impact statement - Procedures. 197-11-625 Addenda - Procedures. 197-11-630 Acioption - Procedures. 197-11-6�5 Incorporation by reFerence - Procedures. 197-11-640 Combining documents. PAF�1" SEVEN 5�PA AND AG�:NCY L7ECISIUNS 4-2821: PURPUSk UF� THIS PART AND ADOPIIUN t3Y FtEF�EFi�NC�.: 7his part contains rules (and policies) for 5�PA's substantive authority� such as decisions to mitigate nr reject proposals as a result of 5�PA. �l"f�is part also contains procedures for appealing SEPA determinations to agencies or the courts. The City adopts the following se�tioris by reference: WAC 197-11-650 Purpose of this part. 197-11-65 5 Imple menta tion. 197-11-660 Substantive authority and mitigation. 197-11-680 Appeals. 4-2822: SUBSTAN7IVE AU7HOFtITY: (A) The policies and goals set forth in ttiis ordinance are supplementary to those in the existing authorization of the City of Renton, King County. (B) The City may attach conditions to a permit nr approval for a proposal so long as: � � 1 ' � � ORDINA�CE NO. 3891 � � ' • , , , � � � , , , - 1S - 1. Such conditions are necessary to mitigate spec:ific probable adverse � , environmental impacts identified in environmental documents prepared pursuant to this ordinance; and 2. Such conditions are in writing; and 3. 7he mitigation measures included in such conditions are reasonable I and capable of being accomplished; and 4. The City has considered whether other local. state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and S. Such conditions are based on one or more policies in subsection (E) of this section and cited in the license or other decision document. (L') �fhe City may deny a permit or approval for a proposal nn the basis of S�PA so long as: 1. A finding is made that approving the propos�l would result in probable significant adverse environmental impac:ts that are identified in a F��IS or final StIS prepared pursuant to this orciinance; and 2. A finding is made that there are no reasonable mitigation measures capable of beir�g accomplished that are sufficient to mitiyate the identified impact; and 3. The denial is based on one or more policies identified in subsection (E) of this section and identified in writing in the decisiun document. (D) Where a FEIS or DNS has been prepared� the ERC may recommend to the decision-maker those reasonable conditions necessary to mitigate or avoid the adverse impacts of the proposal. Said recommendation shall be adopted as a condition of approval� unless the decision-mak�r identiFies in writing a substantial error in fact or conclusion by the ERC. Based upon such finding, the decision-maker may revise the recommended conditions or may remand the proposal to the EFZC for reconsideration. Nothing in ttiis provision shall be deemed to limit the authority of the decision-maker to impose conditions under SEPA beyond those recommer�ded by ERC or to condition or deny a proposal based upon other statutory authority. (E) 7he City designates and adopts by reference the following polic:ies as the basis for the City exercise of authority pursuant t� this section: 1. �rhe City shall use all practicable means, consist�nt with other essential considerations of 5tate policy. to improve and coorciinate plans� Functions, programs, and resources to the end that th� state and its citizens may: �.---�-�, y ; , ORDINANCE �10; 3891 ' , � . - 16 - (a) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (b) �ssure for all people of Washington safe, healthful. productive, and aesthetiCally and cultur�lly pleasing surroundings; (c) Attain the widest ranye of beneficial uses of the environment without degradation. risk to healtt� or safety, or other undesirable and unintendeci consequences; (d) Preserve important historic� cultural, and natural aspects of our national heritage; (e) Maintain. wherever possible. an environment which supports diversity and variety of individual choice; (f) Achieve a balance between population and resource use which will permit higt� standards of living and a wide sharing o�f life's amenities; and (g) Enhance the quality oF renewable resources and approach the maximum attainable recycling of depletable resources. 2. The City recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. 3. 7he City adopts by reference the policies in the following City codes� ordinances. resolutions, and plans as they currently appear and as hereafter amended: 1y76 - Planning Commission 1976 - Cedar t�iver Master Plan 1978 - Airport Master Plan 1980 - 5outheast i�tentun Plan 1981 - Northeast Renton Plan 1981 - Policies �lement/Comprehensive Plan 1983 - Comprehensive Solid Waste Management Plan 1983 - Shoreline Management Plan 1983 - Central I�enton Plan 1984 - Comprehensive Water Plan 1984 - Comprehensive 5ewer Plan 1984 - Comprehensive Park and Recreation Plan 1984 - Green F2iver Valley Plan 5ix-year Street Plan City of Renton Zoning Code Uniform Building Code Uniform Fire Code Uniform Mechanical Code . i , . , , , ORDIN��NCE �TO� 3891 , , - , - 17 - Street Arterial Plan I Uniform Electrical Code I State Energy Code � (F) Except for permits and variances issued pursuant to Title IV� Chapter 25 of the City Code (Shoreline Master Program). when any proposal or action is granted. conditioned� or denied on the basis of SEPA by a non-elected official. the decision shall be appealable to the Hearing E:xaminer under the provisions of 4-2823(B). 4-2823: APPEALS: (A) The City establishes the followiny administrative appeal procedures under RCW 43.21C.075 and WAC 197-l1-680: 1. Any agency or person may appeal the City's compliance with Chapter 197-11 WAC for issuance of the following: (a) A Final DN5: 'The app�al of the UNS must be made to the Heariny kxaminer within fourteen (14) days of the date the DN5 is final. (b) �1 IUS: �l�he appeal must be made to the Hearing �xaminer within fourteen (14) days of the publication date of the t�5 in the official City newspaper. (c) An E15: 7he appeal of the F��.IS must be made to the Hearing Examiner within twenty (20) days of the date the permit or other approval is issued. 2. F�or any appeal under this subsection, the City shall provide for a record that shall consist of the following: (a) Findings and conclusions; (b) Testimony under oath; and (c) A taped or written transcript. 3. The City may require the appellant to provide an electronic transcript. 4. The procedural determination by ttie ERC shall carry substantial weight in any appeal �roceeding. (B) �pplications to kxaminer: Appeals from environmental determinations as set forth in this ordinance may be taken to the Hearing �xaminer by any person agyrieved. or by any officer, department, board or bureau of the City affected by such determination. 1. Any such appeal shall be filed in writing. � , � ` � � � � , � ; � � ORDINANCE NQ�� 3891 , , � , , - 18 - 2. Immediately upon receipt of the notice of appeal. the Hearing ' �xaminer shall forward to the officer from whom the appeal is being taken a copy of th� nntice oF appeal. Upon receiving such notice, the officer from whom the �ppeal is being taken shall transmit tn tt�e Hearing �xaminer all of the records pertaining to the decision being appealed, together with such additional written reports as are deemed pertinent. �l'he Examiner may request additional information from the applicant. 3. A written notice of the time and place of the hearing at which the appeal shall be considered by the �xaminer shall be mailed to ttie applicant, all parties of record in the case, and to the ofFicer from whom the appeal is taken not less than ten (10) days prior to the date of the hearing. 4. The Examiner may hear and consider any pertinent facts pertaining to the appeal. The Examiner may affirm the decision or remand the case for further proceedings; or it may reverse the decision if the substantial rights of the applicant may have been prejudiced because the decision is: (a) In violation of constitutional provisions; nr (b) In excess of the authority or jurisdiction of th� agency; or '', (c) Made upon unlawful procedure; or (d) Affected by other error of law; or (e) Clearly erroneous in view of the entire record as submitted; or (f) Arbitrary or capricious. To that end. the �:xaminer shall have all of the powers of the office from whom the appeal is taken insofar as the decision on the particular issue is concerned. 5. Any appeal of the action of the Hearing txaminer in the case of appeals from environmental determinations shall be joined with an appeal of the substantive determination. If an appeal from an environmental determination is to be made, notice oF intent to appeal the environmental determination must be given to the City within 20 calendar days from the date of procedural decision. Appeal to the Superior Court of the environmental decision and the substantive determination must be made within 20 days of the substantive determination and must be made by writ of review to the 5uperior Court of Washington for King County. 6. There shall be no more than one appeal on a procedural determination or environmental determination such as the adequacy of a determination of significanc�/non--significance or o� a final environmental impact statement. i � , . , , ORDIN,AN(�E ,NO. 3891 ' � . ' , , - 19 - (C) The City shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. � 4-2824: NOT�ICE/S7A1"UTE OF LIMITATIONS: (A) (1) The City, applicant for, or proponent of an action may publish a notice of action pursuant to I�CW 43.21C.080 for any action. ('L) �fhe form nf the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the City Clerk or County Auditor� applicant or proponent pursuant to RCW 43.21C.080. PAt=t�T �IGH�r DEF INI�T10N5 4-2825: PUF�tPOS� UF 1'HIS PAt=t�f ANU ADUP�I�ION BY RtF��R�NC�.: This part contains uniform usage and definitions of terms under S�PA. The City adopts the following sections by reference, as supplemented by W�1C 173-806-040: WAC 197-11-700 Ue finitions 197-11-702 Act. 197-11-704 Action. 197-11-706 Addendum. 197-11-708 Adoption. 197-11-�10 �lffected tribe. 197-11-712 Affecting. 197-11-714 Agency. 197-11-716 Applicant. 197-11-718 Built environment. 197-11-720 Categorical exemption. 197-11-722 Consolidated appeal. 197-11-724 Consulted agency. 1y7-11-726 Cost-benefit analysis. 197-11-728 County/city. 197-11-730 IUecision maker. 197-11-732 IUepartment. 197-11-734 Determination of nonsignificance (DNS). 197-11-736 Uetermination of significance (DS). 197-11-738 �1S. 197-11-740 Environment. 197-11-742 Environmental checklist. 197-11-%44 �nvironmental document. ' 197-11-746 �nvironmental review. 197-11-748 Environmentally sensitive area. 197-11-750 Expanded scoping. 197-11-752 Impacts. 197-11-754 Incorporation by reference. II , , ; ORDINANCE NO., 3891 ' , , . , , , � , . � - 20 - lq7-11-756 Lands cnvered by water. 197-11-758 Lead agency. 197-11-760 License. 197-11-762 Local agency. 197-11-764 Ma jor action. 197-11-766 Mitigated UNS. 197-11-768 Mitigatinn. 197-11-770 Natural environment. 197-11-772 NEPA. 197-11-774 Nnnpro jeCt. 197-11-776 Phased review. 197-11-778 Prepara tion. 197-11-780 Private project. 197-11-782 Probable. 197-11-784 Proposal. 197-11-786 Reasonable alternative. 197-11-788 Ftesponsible official. 197-11-790 5�PA. 197-11-792 5cope. 197-11-79� Scoping. , 197-11-794 SigniFicant. I 197-11-796 5tate ayency. � 197-11-797 T hreshold determina tion. 197-11-799 Underlying governmental a�tion. � (A) Unless the context c:learly required otherwise: 1. Use of the singular shall include the plural and conversely. 2. "Preparation" of environmental documents refers to preparing or supervising the preparation of documents, includiny issuing, filing, printing� circulating� and related requirements. 3. "Impact" refers to environmental impact. 4. "Permit" means "license" (WAC 197-11-760) 5. "Commenting" includes but is not synonymous with "consultation." 6. "Environmental cost" refers to adverse environmental impact and may or may not be quantified. 7. "EIS" refers to draft, final� and supplemental EISs (WAC 197-11-405 and WAC 197-11-738). 8. "Under" includes pursuant to, subject to� required by, established by� in accordance with, and similar expressions of legislative or administrative authorization or direction. , , � ORDINANCE ,NO,. 3891 � ' , � - 21 - (B) In these rules: ' 1. "Shall" is mandatory. j 2. "May" is optional and permissive and does not impose a I' requirement. 3. "Include" means "include but not limited to" (C) The following terms are synonymous: 1. kffect and impact (WAC 197-11-752). 2. �nvironment and envirorimental quality (WAC 1q7-11-740). 3. Major and sigriificant (W�C 197-11-764 and WAC 197-11-794). 4. Proposal and proposed action (WAC 197-11-784). 5. Probable and likely (WAC 197-11-782). (D) AC�C: "�ction means the State Environmental Policy Act of 1971� Chapter , 43.21C RCW, as amended, which is also referred to as "SEPA". ', (�) AC�ION: 1. "Actions" include, as further specified below: (a) New and continuing activities (including project and programs) entirely or partly �Financed, assisted, conducted, regulated� licensed, or approved by agencies; (b) New or revised agency rules. regulations, plans, policies. or procedures; and (c) Legislative proposals. 2. Actions fall within one of two categories: I (a) Proiect Ac:tions: A project action involves a dec:ision on a speciFic project, such as a c:onstruction or management activity located in a defined yeographic: area. Projects , include and are limiteci to agency decisions to: (1) Licerise. fund, or undertake any activity tt�at will ' directly modiFy the envircmment. whether the activity will be conducted by the agency, an applicant, or under contract. (2) Purc:hase, sell, lease� transfer, or exchange natural resources, including publicly owned land, whether �r not the environment is directly modified. � .�� ORD INA?�T�E N,Q., 3 8 91 ` , � . . - 22 - (b) Nonproiect Actions: Nonproject ac:tinns involve decisions on policies. plans, or prugrams. (1) 1"he adoption of amendment of legislation, ordinances. rules. or reyulations that contain standards controlling use or modification of ttie environment; (2) �T he adoption or amendment of comprehensive land use plans or zoning ordinances; (3) The adoption of any policy, plan, or program that will govern the development of a series of , connected actions (W�1C 197-11-060), but not including any policy, plan. ur program for which approval must be obtained from any federal agency prior to implementation; ' (4) Creation of a district or annexations to any city. town or district; (S) Capital budgets; and 6 Road. street. and tii hwa lans. � ) 9 YP 3. "Actions" do not include the ar.tivities listed above when an ag�ncy is not involved. Actions do not include bringing judicial or administrative c:ivil or criminal enforcement actions (certain categorical exemptions in Part Nine identify in more detail governmental activities that would not have any environmental impacts and for which SEPA review is not required). (F) AUDENDUM: "Addendum" means an environmental document used to provide additional information or analysis that does not substantially change the analysis of significant impacts and alternatives in the existing environmental document. ��he term does not inclue supplemental EISs. An addendum may be used at any time during the 5EPA process. (G) ADOPTION: "Adoption" means an agency's use of all or part of an existing environmental document to meet all or part of the agency's responsibilities under 5EPA to prepare an EI5 or other environmental document. (H) AFFECTEU TR1BE: ��ffected tribe or "treaty tribe" means any Indian tribe, band� nation or community in the state of Washington, that is federally recognized by the United States Secretary of the Interior anci that will or may be aFfected by the proposal. (I) AI=F�EC�f ING: "Affecting" means having, or may be having. an effect on (see WAC 197-11-752 on impacts). �or purposes of de�iding whether an kI5 is required and what the �I5 must c:over, "af Fecting" refers to having probable, significant adverse environmental impacts (FtCW 43.21.C.031 and 43.21 C.110(1)(c)). L , , . ; � ORDINAl`dCE NC.,, 3891 ' , � . . - 23 - (J) �GENCY: I. "Agency" means any state or local governmental body. board. commission, department, or officer auth�riz�d to make law, tiear contested cases. or otherwise take the actions stated in WAC 197-11-704� except the judiciary and state legislaturc3. An ayency is any state ayency (W�C 1y7-11-796) or local agenc:y (WAC 197-11-762). 2. "�gency with environmental expertise" means an ayency with special expertise nri ttie envir�nmental impacts involved in a proposal or alternative significantly affecting tt�e environment. �l"hese agencies are listed in WAC 197-11-920; the list may be ex anded in a enc rocedures WAC 197-11-906 . 7he P 9 Y p � ) appropriate ayencies must be consulted in the environrnental impact statement process, as required by WAC 197-11-502. , 3. "Agency with jurisdiction" means an agency with authority to approve, veto, or finance all or part of a nonex�mpt proposal (or part of a proposal). T�he term does not include an agency authorized to adopt rules or standards of general applicability that could apply to a proposal, when no license or approval is required from the agency for the specific proposal. 7he term also does not include a local. state. or federal agency involved in approving a grant or loan, that serves only as a conduit between the primary administ�ring agency and the recipient of th� yrant or loan. Federal agencies with jurisdiction are those from which a license or funding is snught or required. 4. If a specific agericy has been named in these rules. and the func:tions of that agency have changed or been transferred tn another ayency. the term shall mean any successor agency. ; 5. F or those prnpnsals requiring a hydraulic projec:t approval under I�CW 75.20.100. both the department of yame and the department of fisheries shall be consiciered agencies with jurisdiction. (K) APPLICANT: "Applicant" means any person or entity, including an agency, applying for a license from an agency. Application means a r�quest for a license. (L) BUIL�i �NVIRUNMEN7: "13uilt environment" means the elements �f the environment as speciPied by RCW 43.21C.110(1)(F) and 197-11-444(2). which are generally built or made by people as contrasted with natural processes. , ; � , ORDIN��N�E i1n, 3891 ` � � , - 24 - � � (M) CA7�EGOKICAL �X�MPTION: "C�tegorical exemption" means a type of actinn� specified in these rules� which dnes not significantly affect the environment (FtCW 43.21C.110(1)(a)); categorical exemptior�s are found in Part Nine of these rules. Neither a threshold d�termination nor any environmental document. including an environmental checklist or environmental impact statement. is required for any c;ategorically exempt ar.tion (RCW 43.21C.031). These rules provide for those circumstances in which a specific action that would fit within a categorical exemptiori shall not t�e considered categorically exempt (WAC 197-11-305). (N) CONSOLII�A7EU APPEAL: "Consolidated appeal" means th� procedure requiring a person to file an agency appeal challenging both procedural and substantive compliance with SEPA at the same time. as provided under RCW 43-21C.075(3)(b) and the exceptions therein. If any agency does not have an appeal procedure for challenging either the agency's procedural or its substantive SEPA determinations. the appeal cannot be consolidated , prior to any judicial review. T he requirement for a consolidated appeal i does not preclude agencies from bifurcating appeal proceedings and ' allowing difFerent agency ofFicials to hear different aspects of the appeal. �, (WAC 197-11-680) ' (0) COST-BtN�F�IT �N�LYSI5: "Cost-benefit analysis" means a quantified comparison oF c�sts and benefits generally expressed in monetary or numerical terms. It is not synonymous with the weighiny or balancing of environmental and other impacts or benefits of a proposal. (P) CUUNTY/CI1�Y: "County/city" means a county, c:ity, or town. In this chapter, duties and powers are assiyned to a county, c:ity� or town as a ' unit. The delegation of responsibilities among the various departments o�f a county. city� or town is left to the legislative or charter authority uf the individual counties� cities, or towns. (Q) DECISION MAKER: "Decision maker" means the agency official or officials who make the ayency's decision on a proposal. The decisionmaker and responsible official are not necessarily synonymous, depending on the agency and its SEPA procedures (WAC 197-11-906 and WAC 197-11-910). (R) DEPARTMENT: "Department means the Washington 5tate Department of Ec�logy. (S) DE7ERMTNATION OF NONSIGNIFICANCE (DNS): "Determination of nonsignificance" (DNS) means the written decision by the responsible official of the lead agency that a proposal is not likely to have a significant adverse envimnmental impact� and therefore an tIS is not required (WAC 1y7-11-310 and WAC 197-11-340). The UNS form is in WAC 197-11-970. . �, , .�, ORDINA�N�E rl�,. 3 8 91 ' , , , . - 25 - (1") DETERMINATION OF SIGNI�ICANCE (DS): "Determination of significance" (DS) means the written decision by the responsible official of � the lead agency that a proposal is likely to have a significant adverse ' environmental impact, snd therefore an EIS is required (WAC 197-11-310 ' and WAC 197-11-360 . 7he DS form is in WAC 197-11-980 and must be ) used substantiall in that form. Y (U) EIS: "E.I5" means environmental impact statement. The term "detailed statement" in RCW 43.21C.030(2)(c) refers to a final E1S. The term "EIS" as used in these rules refers to draft, final, or supplemental EISs (WAC ' 197-11-405). (V) ENVIRONM�N`I�: "�nvironment" means. and is limited to, those elements i listed in W AC 1 y7-1 I-444. as required by F�C W 43.21 C.110(1 xf). Environment and environmental quality refer to the state of the environment and are synonymous as used in these rules and refer basically t� physical environmental quality. (W) �NVIFtONMENl-AL CH�CKLI5�t: "�nvironmental checklist" means the form in WAC 197-11-960. Rules for its use are in WAC 197-11-315. (X) ENVTF2UNMENTAL DOCUMEN7: "Environmental document" means any written public document prepared under this chapter. Under SEPA. the terms environmental analysis� environmental study, environmental report, and environmental assessment do not have specialized meanings and do no refer to particular environmental documents (unlike various other state or federal environmental impact procedures). (Y) ENVIRONMEN'f��1L FtEV1EW: "Environmental review" means the consideration of environmental factors as required by SEPA. 7he "environmental review process" is the procedure used by agencies and others under SEPA for giving appropriate consideration to the environment in agency decisionmaking. (Z) ENVIFiONMENTALLY S�N5ITIVE �1R�A: "tnvironmentally sensitive area" means an area designated and mapped by the City under WAC 197-11-908. Certain categorical exemptions do not apply within environmentally sensitive areas (W�C 197-11-�05, WAC 197-11-908. and Part Nine of these rules). (A�1} �:XPANIUED 5CUPING: "�.xpanded scuping" is an optional process that may be used by agencies to go beyond minimum scoping requirements. (�3B) IMPAC�I�S: "Impacts" are the effects or consequences of actions. Environmental impacts are effects upon the elements of the environment listed in WAC 197-11-444. (CC) INCURPOFtAT ION BY REF'EFtENC�: "Incorporation by reference" means the inclusion of all or part of any existing document in an agency's environmental documentation by reference (W�1C 197-11-600 and WAC 197-11-635). . � , , 1 , ', � ORDIN�,NCE �NnP 3891 ' , ' , . - 26 - (Uu) LANDS CUV�R�D BY WA'l�tF2: "Lands covered by water" means lands underlying the water areas of the state below the ordinary high water mark, including salt waters. tidal wat�rs, estuarine waters. natural water courses, lakes, ponds, artificially impounded waters, marshes, and swamps. Certain categorical exemptions do not apply to lands covered by water, as specified in Part Nine. (E�) LEAU AGENCY: "Lead agency" means the agency with the main responsibility for complying with S�PA's procedural requirements (WAC 197-11-05U and WAC 197-11-922). The procedures For determining lead agencies are in Part T�en of these rules. "Lead agency" may be read as "responsible off icial" (W AC 197-11-788 and W AC 197-11-910) unless the context clearly requires otherwise. Depending on the agency and the type of proposal, for example. there may be a difference between the lead agency's responsible official. who is at a minimum responsible for procedural determinations (such as WAC 197-11-330, 197-11-455, 197-11-460) and its decisionmaker� who is at a minimum responsible for substantive determinations (such as WAC 197-11-448, 197-11-655, and 197-11-660). (FF�) LICENSE: "License" means any form of written permission given to any person. organization� or agency to engage in any activity, as required by law or agency rule. A license includes all or part of an agency permit, certificate, approval, registration, charter, or plat approvals or rezones to facilitate a particular propasal. �I�he term does not include a license required solely for revenue purposes. (GG) LOCAL AG�NCY: "Local agency" or "local government" means any political subdivision, reyional gnvernmental unit, district, municipal or public corporation� including cities, tnwns, and counties and their legislative bodies. 1 he term encompasses but does not refer specifically to the departments within a city or county. (HH) MAJOFt ACTION: "Major action" means an action that is likely to have significant adverse environmental impacts. "Major" reinforces but does not have a meaning independent of "significantly" (W�1C 197-11-794). (II) MITIGATEU DN5: "Mitigated UNS" means a DNS that includes mitigation measures and is issued as a result of the process specified in WAC 197-11-350. (:1J) MI7IGAT ION: "Mitigation" means: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology. or by taking affirmative steps to avoid or reduce impacts; I . � � 7 � ' ORDINAN�E NQ. 3891 ' ' ' . � ' � � � � � ' , . - 27 - 3. Rectifying the impact by repairing, rehabilitating� or restoring the affected environment; 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; 5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or 6. Monitoring the impact and taking appropriate corrective measures. (KK) N�1�URnL �NVIRONM�NT: "Natural environment" means those aspects of the environment contained in WAC 197-11-444(1), frequently reFerred to as natural elements, or resources. such as earth. air, water, wildliFe. and energy. (LL) NtPn: "N�PA" means the National �nvironmental Policy nct of 1969 (42 U5C�1 4321 et seq.; P.L. 91-190)� that is like 5�PA at the federal level. 7�he federal N�PA regulations are located at 40 CF�1=2 1 S00 et seq. (MM) NONPF�UJ�C1�: "Nonproject" means actions which are different or broader than a single site specific project. such as plans. policies. and programs (WAC 197-11-704). (NN) PHASED F�2EVIEW: "Phased review" means the coverage of general matters in broader environmental documents� with subsequent narrower documents concentrating solely on the issues specific to the later analysis [WAC 197-11-060(S)]. Phased review may be used for a single proposal or EIS (WAC 197-11-060). (00) PREPARATIUN: "Preparation" of an environmental document means preparing or supervising the preparation of documents. including issuing. filing, printing� circulating. and related requirements [see WAC 197-11-700(2)]. (PP) PI�IVAT�E PROJECT: "Private project" means any proposal primarily initiated or sponsored by an individual or entity other than an agency. (QQ) Pt�UBABLE: "Probable" means likely or reasonably likely to occur, as in "a reasonable probability of more than a moderate effect on the quality of the environment" (see W�C 197-11-794). Probable is used to distinguish likely impacts from those that merely have a possibility of occurring, but are remote or speculative. �t his is not meant as a strict statistic;al probability test. � , - '. ORDINANC� PZO,., 3891 � , ' , , � . - ze - (RR) PROPOSnL: "Proposal means a proposed action. �1 proposal includes bnth actions and regulatory decisions of agencies as well as any actions proposed by applicants. A proposal exists at that stage in the development of an action when an agency is presented with an applicaton, or has a goal and is actively preparing to make a decision on one or more alternative means of accomplishing that goal, and ttie environmental effects can be meaningfully evaluated. (See WAC 197-11-055 and WAC 1y7-11-060(3).) � proposal may therefore be a particular or preferred course of action or several alternatives. F�or this reason� ttiese rules use the phrase "alternatives including the proposed action." 'Che term "proposal" may therefore include "other reasonable courses of action," if there is no preferred alternative and if it is appropriate to do so in the particular context. (SS) REASONABLE �1LIERNA�f1VE: "Reasonable alternative" means an action that could feasibly attain or approximate a proposal's objectives, but at a lower environmental cost or decreased level of environmental degradation. Reasonable alternatives may be those over which an agency with jurisdiction has authority to control impacts, either directly, or indirectly through requirement of mitigation measures. (See WAC 197-11-440(5) and WAC l97-11-660.) Also see the definition of "scope" for the three types of alternatives to be analyzed in EISs (WAC 197-11-792). (TT) RE5PONSIBI�E O�F IC1AL: "Responsible nfficial" means that officer or officers� committee, department. or section of the lead agency designated by agency SEPA procedures to undertake its procedural responsibilities as lead agency (WAC 197-11-910). (UU) SEPA: "SEPA" means the 5tate Environmental Policy Act of 1971 (Chapter 43.21C RCW)� which is also referred to as the Ac;t. �t�he "SEPA pror,ess" means all measures necessary for compliance with the act's requirements. (VV) SCOP�: 1. "Scope" means the range of proposed actions, alternatives, and impacts to be analyzed in an environmental document [WAC 197-11-060(2)]. 2. �ro determine the scope of environmental impact statements, agencies consider three types of actions. three types of impacts. and three types of alternatives. (a) Actions may be: (1) 5ingle (a specific action which is not related to other proposals or parts of proposals); (2) Connected (proposals or parts of proposals which are closely related under WAC 197-11-060(3) or WAC 197-11-3d5(1); or , � I . , ', ORDINA�CE N�, 3891 � j ' , . ' , ' , - 29 - (3) Similar (proposals that have common aspects and ' may be analyzed together under WAC 197-11-060(3). (b) Alternatives may be: (1) No a�tion; (2) Other reasonable courses of action; or � (3) Mitigation measures (not in the proposed action). (c) Impacts may be: (1) Direct; (2) Indirect; or (3) Cumulative. 3. WAC 197-11-060 provid�s general rules for the content of any environmental review under 5�PA; Part Four and W�C 197-11-440 provide specific rules for the content of �ISs. �fhe scope of an individual statement may depenci on its relationship with uther �ISs or on phased review. (WW) SCUPING: "5coping" means determininy the range oP proposed actions� alternatives� and impacts to be discussed in an EIS. Because an EIS is required to analyze significant environmental impacts only� scoping is intend�d to identify and narrow the EIS to the significant issues. Tt�e required scoping process (WAC 197-11-40$) provides interagency and public notice of a U5� or equivalent notification. and opportunity to comment. The lead agency has the option of expandir�g the scoping process (WAC 197-11-410), but shall not be required to do so. Scoping is used to encourage cooperation and early resolution of potential conflicts, to improve decisions� and to reduce paperw�rk and delay. (XX) SIGNIF 1CANT: 1. "Significant" as used in 5EPA means a reasonable likelihood of more than a moderate adverse impact on environmental quality. 2. Siynificance involves context and ir�tensity (WAC 197-11-330) and does not lend itselF to a formula or quantifiable test. 1"he context may vary with the physical setting. Intensity depends on the magnitude and duration of an impact. 'i'he severity of an impact should be weighed along with the likeliho�d of its occurrence. An impact may be significant if its chance of occurrence is not great, but the resulting environmental impact would be severe if it oc:curred. . . � • ORDINI�T�iLE i�'✓.;.. 3 8 91 ` t , , � � , - 30 - 3. WAC 197-11-330 specifies a prvicess, including criteria and procedures� for determininy whether a proposal is likely to have a ' significant adverse envimnmental impact. (YY) S1'�11't AG�NCY: "State agency" means any state board, commission, department, or officer, including state universities, colleg�s, and � community colleges, that is authorized by law to make rules. hear contested cases, or otherwise take the actions stated in WnC 197-11-704, �xc:ept the judiciary and stat� legislature. , (LZ) 1 HF�tESHOLD D��f EI�MINAl IUN: "T hreshold determination" means the � , decision by tt�e responsible official of ttie lead agency whether or not an �1S is required Fnr a proposal that is not categori�ally exempt [WAC 197-11-310 and WAC 197-11-330(1)(b)]. (AAA) UNDER�YING GUV�RNMENTAL ACTION: "Underlying government action" means the governmental action. such as zoning or permit approvals, that is the subject of SEPA compliance. I ' �i , } � , ' - � ORDINAr�CE �NO�. 3891 � � , ' . , � - 31 - PAF�T NINE CA1"�GORICAL �XEMPIIONS 4-2826: AUUPTION BY FtEFEFtENCE: The City adopts by referen�e the following rules for categorical exemptions� as supplemented in this ordinanc�, includiny WAC 173-806-070 (Flexible Thresholds), WAC 173-806-080 {Use of exemptions), and WAC 173-806-190 (Environmentally sensitive areas): WAC 197-11-800 Categorical exemptions. 197-11-880 E mergencies. 197-11-890 Petitioning DOE to change exemptions. PAR1 7EN �1GENCY CUMPLI�NCE 4-2827: PU(�PU5� OF" ��HIS PART AND �UOPTIUN !3Y F�t�FEI��NCF�: This part contains rules for agency compliance with S�PA, including rul�s fur � charging fees under the SkPA process, designating environmentally , sensitive areas� listing ayenc;ies with environmental expertise, selecting the lead agency, and applying these rules to curr�nt agenc:y activities. l t�e City adopts the Following sections by reference, as supplemented by WAC 173-806-OSO and 173-806�-OS3 and this part: WAC 197-11-9U0 Purpose of this part. 197-11-9U2 Agency SEPA policies. 197-11-916 Application to ongoiny actions. 197-11-920 Agencies with environm�ntal expertise. 197-11-922 Lead agency rules. 197-11-924 Determining the lead agency. 197-11-926 Lead agency for governmental proposals. 197-11-928 Lead agency for public and private proposals. 197-11-930 Lead agency for private projects with one agency with jurisdiction. ' 197-11-932 Lead agency �for private projects reyuiring licenses fmm more than one agency, when one of the agenc:ies is a county/city. 197-11-934 Lead agenr.y for private projects requiring licenses from a local ager�cy, not a county/city. and one or more state agencies. 197-11-936 Lead agency �For private projects requiriny licenses from , more than one state ayency. 197-11-938 Lead agencies for specific prop�sals. 197-11-940 �I�ransfer of lead agency status to a state agency. 197-11-942 Agreements on lead agency status. 197-11-944 Agreements �n division of lead agency duties. 197-11-y46 DUE resolution of lead ayency disputes. 197-11-948 Assumption oF lead agency status. �L--_ , ` � - ` , ORDINANCE N�, 3891 ' `' , .� ' , , � - 32 - 4-2828: ENVIRONMEN'I�ALLY SENSIIIVE AREAS: (A) The map(s) filed under _4rdinance #3891 designate the location of environmentally sensitive areas within the City and are adopted by reference. These include Greenbelts designated in the Comprehensive Plan, Conservancy and Natural envir�nments of the Shoreline Master Program. and the 100-year floodway rnappeci under the Federal F�lood Insurance Program. F or eacli environmentally sensitive ar�a. the exemptions within W�C 197-11-800 that are inapplic:able �for that area are: 197-11-80U(1) 1 y7-11-80U(2)(d,e,g) 197-11-800(6){a) 197-11-800(24)(a,b,c�d,f.g) 197-11-800(2S)(f. h) Unidentified exemptions stiall continue to apply within environmentally sensitive areas of the City. (B) The City shall treat proposals located wholly or partially within an environmentally sensitive area no differently than other proposals under this ordinance� making a threshold determination for all such proposals. The City shall not automatically require an EIS for a proposal merely because it is prnposed for location in ari environmentally sensitive area. (C) Certain exemptions do not apply on lands covereci by water, and this remains truc� regardless of whether or not lands covered by water are rnapped. 4-2829: F EES: The City shall require the following fees for its ac:tivities in accordance with the provisions of this ordinance: (A) Threshold determination. F or every environmental ct�ecklist the City will review when it is lead agency� the City shall collec:t a fee from the proponent of the proposal prior to ur�dertaking the threst�old determination. 'Ttie time periods provided by this ordinance for making a tf�reshold determination stiall not beyin to run until payment of the fee. (B) �.nvironmental impact statement. I. When the City is the lead agency �for a proposal requiriny an �T5 and the EF2C determines that the tIS shall be prepared by employees of the City, the City may charge and collect a reasonable fee from any applicant to cover costs incurred by t�ie City in preparing the EIS. The EFtC st�all advise the applicant(s) of the projec:ted costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs. i , ' - ' ORDIN�NCE ��. 3891 . '' � , , ' � , , , ' , , . - 33 - 2. �t he ERC may determine that the City will c�ntra�t directly witt� a consultant f�r preparation of an �IS� or a portion of the EI5, for activities initiated b some ersnns or entit other than the Cit Y N Y Y and may bill such costs and expenses directly to the applicant. Ttie City may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall b� selected by mutual agreement of the City and applicant after a call for prop�sals. 3. lf a proposal is modified so that an EIS is no longer required. the EF2C shall refund any fees collected under (B) 1 or (B) 2 of this subsection which remain after incurred costs are paid. (C) The City may collect a reasonable fee from an applic:ant to r.over the cost of ineetiny the public notice requirements of this ordinance relating to the applicant's proposal. (D) The City shall not collec:t a fee for performing its duties as a cnnsulted agency. (�) The City may charge any person for cupies of any document prepareci under I, this orciinance, and for mailinc� the document, in a manner provided by '� Chapter 42.17 RCW. (F) 5p�cific fees �for the ac:tivities described above are set forth in 1"itle I, Ctiapter 41 (Fee Scfiedule) of the City Code. PA1�t�f EL�VEN F Of=tMS 4-2830: ADUPI�ION BY REFEKENCE: 7he city adopts the followirig forms and ' sections by reference: WAC 197-11-960 Environmental chec;klist. 197-11-965 Adoption notice. 197-11-970 Determination of nonsignif icance (DNS) 197-11-980 Determination of significance and scoping notice (DS) 197-11-985 N�tice of assumption of lead agency status. 197-11-990 Notice of action. 4-2831: FtEPEAL: Chapter 28, Title 1V of the City Code is hereby repeal�d. 4-2832: EF�FECTIVE U�TE: 7he effec:tive date of this nrdinance is February 25th, 1985 . � , i �' ' .. , � _ ► � . , � � � � � - 34 - �I 4-2833: SEVERABILITY: If any prc�vision of this ordinance or its a lication to an Pp Y person or circumstance is held invalid� the remainder of this ordinance, or the application of the provision to other persons or circumstances. shall not be affected. PASSED BY T�H� CITY COUNCIL this 25th day of February, l985. . ��y, i�'� ��c-e� �o!�"L-L���� � Maxine E. Mntur Cit Clerk . Y APPFtOVED 13Y �i H� MAYOI� this 2 5 th day of F�ebruary. 1985. , �/_ John W. Reed Ma or Pro tem ' . Y A roved as to form: PP C��"`.'�-''^�,'� Lawrence J. Warren�ity Attorney Date of Publication: March 1, 19 8 5 (Summary) � ' ORDINANCE NO. 3891 � . y ' � , ' , .. REF'►ERENC� : ' � , - , . , . , - � i SHORELINE MASTER PROGRAM � CITY OF RENTON ,� ; a ;; � ; 1 � � i 1 I � i , � DECEMBER 5, 1983 ; � � � ORDINANCE NO. 3891 � ' � � RE�EREI�CE ; , , • '� ` � � ' FIGURE 5-1 �' '' � � , � � � �� ------ ----- -�----- - ENVIRONMENT �'�. � � � �, � . � �.� ■�■,� URBAN - - � �------- - -- -- - - - � ■ ,� � CONSERVANCY ; I MAY � \ • � • NATURAL �'� CREEK � -- -�- --�� � � � � _--�'-- \� `, . , � ���� , ��-- / � , LAKE ---r -- ---- - -- ------ - <� �j— - T-- - --— - '�-� WASHINGTON � � -.� �� \ `�� �, �� ' II � \ � � 1 � � � \ �', � �� � � (_'• _ � 1 � _ - - -L�-� - - —�� i L""`"_� . � � / `\ ..-+ � I � �, �• � n I 1 r'^� �tw � � � �I' ' �� ^ }�' , � ^ � ti.,�,�..,u�y I T ' � � t , r � � �r' i 4. 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