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Home My WebLink AboutCAP 2007-06-26 Item 2B - Code Amendment - State Environmental Policy Act (SEPA) INFORMATION MEMORANDUM To: Mayor Mullet Community Affairs and Parks Jack Pace, Acting DCD Director June 15,2007 Code Amendment - SEP A ittee FROM: DATE: SUBJECT: BACKGROUND The State Environmental Policy Act (SEP A) requires that a standard checklist be filled out by a project proponent to identify the environmental impacts of certain actions. Actions include grading, dredging, paving, construction or demolition of buildings, and adoption or revision of most plans, policies or regulations by a government agency. The intent is to identify environmental impacts that would otherwise "fall through the cracks" and provide a mechanism for public review and mitigation. Jurisdictions have flexibility in setting the thresholds that trigger SEP A review up to the maximum level allowed by the State. If a project is exempt in one category but triggers SEP A in another then SEP A is required. For example a three lot short plat on a hillside would be exempt from SEP A review unless the cut and fill required exceeded 500 cubic yards. Type of Action TukwiIa's Maximum PC Proposed Threshold Threshold Thresholds Residential 4 dwelling units 20 dwelling units 9 dwelling units Construction CommerciallIndustrial 4,000 sf and 20 12,000 sf and 40 12,000 sf and 40 Construction parking spaces parking spaces parking spaces Parking Lots 40 parking spaces 40 parking spaces No Change Landfills or 500 cubic yards 500 cubic yards No Change Excavations Jurisdictions can also take advantage of an optional SEP A process that allows them to identify projects where significant adverse environmental impacts are unlikely and combine the comment period on that determination with the notice of application comment period for the underlying permit, see Attachment A. NO Q:\CODEAMND\SEPAChanges\6-26CAP _ SEP ADOC Page 1 06/19/20079:43:00 AM 3/ The CAP reviewed this proposal on April 1 0, 2007 and recommended approval of all changes except there was no consensus on raising the threshold for single family construction. At the COW meeting on May 14 the Council opted to send the proposal to the Planning Commission and ask for their input on the single family threshold. The PC held a hearing on May 24th and supported raising the threshold to 9 dwelling units for single family construction as well as the changes to the commercial threshold and the optional DNS process. fu'lAL YSIS Tukwila and other agencies with permitting authority have a comprehensive set of regulations to control negative impacts in the following areas that are subject to SEP A reVIew: 1. Grading, filling, unstable soil and erosion (Tukwila Sensitive Area Ordinance, International Building Code, PW Standards) 2. Air emissions (Puget Sound Clean Air Agency) 3. Surface water (wetlands and watercourses), groundwater, and storm water (Tukwila Sensitive Area Ordinance, King County Surface Water Design Manual) 4. Vegetation and landscaping (Landscape Chapter of the Zoning Code, Tree Ordinance) 5. Animals, endangered species, wildlife habitat (ESA, Tukwila Sensitive Area Ordinance) 6. Energy and natural resources (Building and Mechanical Codes) 7. Environmental health, hazardous waste and noise (Tukwila Noise Ordinance, Hazardous Waste Regulations, Department of Ecology) 8. Land and shoreline use (Zoning Code, Shoreline Master Program) 9. Housing (IBC, Zoning Code, Design Review) 10. Aesthetics, design review (Design Review) 11. Light and glare (IMC, Zoning Code, Design Review) 12. Recreation (parks Department, Zoning Code recreation space requirements) 13. Historic and cultural preservation (No listed structures in Tukwila, Archaeological and Paleontological preservation requirements) 14. Transportation, traffic and parking (Level of Service Standards, PW Concurrency Requirements, Transportation Impact Fees, Capital Improvement Program, Zoning Code Parking requirements) 15. Public services (Concurrency Requirements) 16. Utilities, sewer and water concurrency (Concurrency Requirements) ,3J NG Q:\CODEAMND\SEP AChanges\6-26CAP _ SEP A.DOC Page 2 06/19/20079:43:00 AM Because these codes and standards are already in place we do not often have to rely on SEP A to impose mitigation conditions. Raising the threshold for number of new dwelling units to 9 would match the threshold for subdivision review. Raising the threshold for new buildings in commercial/industrial zones to 12,000 sf and 40 parking spaces would streamline review of smaller projects. As an example the Claim Jumper restaurant is approximately 12,000 sf. Because SEP A triggers notice requirements some smaller projects that do not require other approvals such as design review would no longer require public notice if the threshold were changed. Short plats for 5 or more lots are required to provide public notice and raising the SEP A threshold would not change that. 18.104.090 Notice of Application - Procedure Notice of Application shall be provided as follows: 1. For all Type 2, 3, 4 and 5 decisions, and Type 1 decisions which require SEP A review, the Notice of Application shall be mailed by first class mail to the applicant and to departments and agencies with jurisdiction, except that a Notice of Application is not required in the case of a Code Interpretation pursuant to TMC 18.96.010 or a Sign Permit Denial pursuant to TMC Chapter 19.12. 2. For Type 1 decisions and Type 2 decisions which require SEP A review, the Notice of Application shall be provided by posting pursuant to TMC 18.104.110, provided that the Notice of Application for a Type 1 decision involving a single-family residence need not be posted but shall be published one time in a newspaper of general circulation in the City. 3. For short plats of 5 through 9 lots and Type 3, 4 and 5 applications, the Notice of Application shall be posted pursuant to TMC 18.104.110 and mailed pursuant to TMC 18.104.120. Notice requirements for secure community transition facilities shall be in accordance with RCW 71.09.315 as amended. Very few development proposals require a full environmental impact statement (ElS) to analyze impacts and develop mitigation measures. For the vast majority of development in Tukwila the City issues either a determination of non-significance (DNS) or a mitigated determination of non-significance (MDNS) after review of the SEP A checklist. The City is authorized under WAC 197-11-355 to make this determination early in the review process and combine the SEP A comment period with that of the underlying permit, saving about two weeks of processing time. PROPOSAL Raise the flexible thresholds for commercial and industrial new construction and possibly for residential, as shown on the table above. Take advantage of the optional DNS process that allows for concurrent SEP A and project comment periods, see Attachment A. 21.04.110 Categorical exemptions- Flexible thresholds A. The City establishes the following exempt levels for minor new construction based on local conditions: 1. For residential dwelling units in WAC 197-11-800 (l)(b)(i) up to four dwelling units. NG Q:\CODEAt\1ND\SEP AChanges\6-26CAP _ SEP A.DOC Page 3 06/19/20079:43:00 AM 33 2. For agricultural structures in WAC 197-11-800 (1) (b)(ii) up to 10,000 square feet. 3. For office, school, commercial, recreational, service or storage buildings in WAC 197-11- 800(1) (b )(iii), up to 4 12,000 square feet, and up to ;6 1.0 parking spaces. 4. For parking lots in WAC 197-11- 800(1)(b)(iv), up to 40 parking spaces. 5. For landfills and excavations in WAC 197- 11-800 (1)(b)(v), up to 500 cubic yards. B. The responsible official shall send copies of all adopted flexible thresholds to the Department of Ecology, headquarters office, Olympia, Washington. 21.04.080 Categorical exemptions and threshold determinations - Adoption by reference The City adopts the following sections of WAC Chapter 197-11, as now existing or as may be amended hereafter, by reference as supplemented in this chapter: 197-11-300 Purpose of this part 197-11-305 Categorical exemptions 197-11-310 Threshold determination required 197-11- 315 Environmental checklist 197-11-330 Threshold determination process 197-11-335 Additional information 197-11-340 Determination of Non-Significance (DNS) 197-11-350 Mitigated DNS 197-11-355 Optional DNS process 197-11-360 Determination of Significance (DS)/initiation of scoping 197-11-390 Effect of threshold determination REQUESTED ACTION Send the PC recommended changes to the City Council for discussion, a final hearing and adoption of an ordinance. Attachment A - WAC 197-11-355 Optional DNS Process Attachment B - PC 5/24/07 Minutes 31 NG Q:\CODEAMND\SEP AChanges\6-26CAP _ SEP A.DOC Page 4 06/19120079:43:00 AM WAC 197 -11 -355: Optional DNS process. Page 1 of 1 197 -11 -350 197 -11 -355» 197 -11 -360 WAC 197 -11 -355 Optional DNS process. (1) If a GMA county /city with an integrated project review process (RCW 36.70B.060) is lead agency for a proposal and has a reasonable basis for determining significant adverse environmental impacts are unlikely, it may use a single integrated comment period to obtain comments on the notice of application and the likely threshold determination for the proposal. if this process is used, a second comment period will typically not be required when the DNS is issued (refer to subsection (4) of this section). (2) If the lead agency uses the optional process specified in subsection (1) of this section, the lead agency shall: (a) State on the first page of the notice of application that it expects to issue a DNS for the proposal, and that: (i) The optional DNS process is being used; (ii) This may be the only opportunity to comment on the environmental impacts of the proposal; (iii) The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and (iv) A copy of the subsequent threshold determination for the specific proposal may be obtained upon request (in addition, the lead agency may choose to maintain a general mailing list for threshold determination distribution). (b) List in the notice of application the conditions being considered to mitigate environmental impacts, if a mitigated DNS is expected; (c) Comply with the requirements for a notice of application and public notice in RCW 36.70B.110; and (d) Send the notice of application and environmental checklist to: (i) Agencies with jurisdiction, the department of ecology, affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal; and (ii) Anyone requesting a copy of the environmental checklist for the specific proposal (in addition, the lead agency may choose to maintain a general mailing list for checklist distribution). (3) If the lead agency indicates on the notice of application that a DNS is likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice of application (WAC 197 -11 -948). (4) The responsible official shall consider timely comments on the notice of application and either: (a) Issue a DNS or mitigated DNS with no comment period using the procedures in subsection (5) of this section; (b) Issue a DNS or mitigated DNS with a comment period using the procedures in subsection (5) of this section, if the lead agency determines a comment period is necessary; (c) Issue a DS; or (d) Require additional information or studies prior to making a threshold determination. (5) If a DNS or mitigated DNS is issued under subsection (4)(a) of this section, the lead agency shall send a copy of the DNS or mitigated DNS to the department of ecology, agencies with jurisdiction, those who commented, and anyone requesting a copy. A copy of the environmental checklist need not be recirculated. [Statutory Authority: 1995 c 347 (ESHB 1724) and RCW 43.21C.110. 97 -21 -030 (Order 95 -16), 197 -11 -355, filed 10/10/97, effective 11/10/97.] http://apps.leg.wa.gov/WAC/default.aspx?cite=197-11-355 33 Attachment A Planning Commission Minutes May 24, 2007 Page 4 of 4 COMMISSIONER EKBERG MADE A MOTION TO FORWARD STAFF'S RECOMl\tIENDATIONS AS PROPOSED ON CASE NUMBER L07-024 ON THE SENSITIVE AREA ORDINANCE TO THE CITY COUNCIL. COMMISSIONER BRATCHER SECONDED THE MOTION. ALL \VERE IN FAVOR. CASE NUMBER: APPLICANT: REQUEST: L07-024 City of Tukwila Hold a public hearing and make recommendations to the City Council about the proposed amendments to the SEP A Code. City wide LOCATION: Nora Gierloffprovided background on the State Environmental Policy Act (SEPA). She stated that SEP A is intended to be a double check to catch things that would otherwise fall through the cracks. Currently there are two areas where we are below the threshold: 1) Residential construction, 2) Commercial and Industrial construction. Staff is proposing to raise the flexible thresholds for these two areas. There is also an optional process that would allow us to streamline notice periods. The Planning Commission were all in consensus of Staffs recommendation on the SEPA amendments on case number L07-024. This item will be forwarded to the City Council. COMMISSIONER MALINA MADE A MOTION TO FORWARD THE THREE CODE AMENDMENTS ON CASE NUMBER L07-024 TO THE CITY COUNCIL. COMMISSIONER BRATCHER SECONDED THE MOTION. ALL WERE IN FAVOR. DIRECTOR REPORT: . There will be a worksession with dinner provided either in June or July to discuss Urban Design issues. Meeting adjourned at 8:33 PM Submitted by: Wynetta Bivens Secretary 310 Attachment B