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HomeMy WebLinkAboutOrd 1331 - State Environmental Policy Act (SEPA) Rules Cover page to Ordinance 1331 The full text of the ordinance follows this cover page. Ordinance1331 was amended or repealedby the following ordinances. AMENDEDREPEALED Section(s) AmendedAmended by Ord#Section(s) RepealedRepealed by Ord# 1425 3(4), 4, 5(2)-(3), 6, 9, 1(1)(d)- (e), 13(1), 14(2)-(3),14(8), 1344 16(1)-(2), 19(5), 25(3), 25(6), 26(2), 30(1) 3, 19, 251770 7(1)1599 102173, 2324 112173, 2502 192374, 2743 242502 252120 rx^LA b r /Doe CITY OF T WASHINGTON ORDINANCE NO. 1331 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON; REPEALING CHAPTER 21.04 OF THE TUKWILA MUNICIPAL CODE AND ORDINANCE NO. 1211; SUBSTITUTING NEW RULES FOR THE IMPLEMENTATION OF SEPA, DECLARING AN EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, sets forth an environmental policy for Washington State and requires that the environmental impacts of proposals be ana- lyzed and, where appropriate, mitigated, and WHEREAS, SEPA applies to state agencies, counties and municipal and public corporations, and WHEREAS, SEPA has been amended to require the State Department of Ecology to issue new uniform statewide rules for carrying out SEPA, and WHEREAS, the City is required to adopt SEPA policies and procedures that are consistent with the SEPA rules by the Department of Ecology in Chapter 197 -11 WAC and may adopt by reference any or all of the provisions of those rules and the model ordinance adopted by the Department of Ecology in Chapter 173 806 -WAC, and WHEREAS, due to the effective date of the new State Rules an emergency exists which requires that this ordinance become effec- tive immediately upon its adoption by the City Council to protect the public health, safety, property, and peace by bringing the City's ordinances into conformity with the new State Rules, and WHEREAS, the City has provided public notice and oppor- tunity for public comment as part of the process for adopting its SEPA procedures and formally designating its SEPA policies, now, therefore, THE CITY COUNCIL OF THE CITY OF _TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Authority. The City of Tukwila adopts this ordinance under the State Environmental Policy Act (SEPA), RCW 43.21C.120 and the SEPA rules WAC 197 -11 -904. This ordinance contains the City's SEPA procedures and policies. The SEPA rules contained in Chapter 197 -11 WAC must be used in conjunction with this ordinance. Section 2. Adoption by Reference. The City adopts the following sections of Chapter 197 -11 WAC, as now existing or as may be amended hereafter, by reference: 197 -11 -040 Definitions 197 -11 -050 Lead agency 197 -11 -055 Timing of the SEPA process 197 -11 -060 Content of environmental review 197 -11 -070 Limitations on actions during SEPA process 197 -11 -080 Incomplete or unavailable information 197 -11 -090 Supporting documents 197 -11 -100 Information required of applicants -1- Section 3. Additional Definitions. In addition to those definitions contained within WAC 197 -11 -700 through 799, when used in this ordinance the following terms shall have the following meanings, unless the content indicates otherwise: 1. "Department" means any division, subdivision or orga- nizational unit of the City established by ordinance, rule or order. 2. "SEPA Rules" means Chapter 197 -11 WAC adopted by the Department of Ecology. 3. "Early notice" means the City's response to an appli- cant stating whether it considers issuance of the determination of significance likely for the appli- cant's proposal. 4. "Official notice" means the notice that the City shall give to the applicant of the date and place for com- mencing an appeal following final City action upon an application for a permit or approval where said permit or approval has a time period set by statute or ordi- nance for commencing appeal. 5. "Notice of action" means the notice of the time for commencing an appeal of a SEPA determination that the City or the applicant may give followng final City action upon an application for a permit or approval when said permit or approval does not have a time period set by statute or ordinance for commencing an appeal. Section 4. Designation of Responsible Official. 1. For those proposals for which the City is a lead agency the responsible official shall be the Planning Director or such other person as the Planning Director may designate in writing. 2. For all proposals for which the City is a lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required EIS and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA Rules that have been adopted by reference. Section 5. Lead Agency Determination and Responsibili- ties. 1. The responsible official shall determine the lead agency for that proposal under WAC 197 -11 -050 and WAC 197 -11 -922 through 197 -11 -940, unless the lead agency has been previously determined or the responsible official is aware that another department or agency is in the process of determining the lead agency. 2. 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. No City department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency unless the City determines a supplemental environmental review is necessary under WAC 197 -11 -600. 3. If the City, or any of its departments, receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197 -11 -922 through 197 -11 -940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within fifteen (15) days of receipt of the -2- determination or the City must petition the Department of Ecology for a lead agency determination under WAC 197 -11 -946 within the fifteen (15) day time period. Any such petition on behalf of the City may be ini- tiated by the responsible official or any department. 4. The responsible official is authorized to make agreements as to lead agency status or shared lead agency's duties for a proposal under WAC 197 -11 -942 and 197 -11 -944. 5. The responsible official shall require sufficient information from the applicant to identify other agen- cies with jurisdiction. Section 6. Transfer of Lead Agency Status to a State Agency. For any proposal for a private project where the City would be the lead agency and for which one or more State agencies with jurisdiction, the responsible official may elect to transfer the lead agency duties to the State agency. The State agency with jurisdiction appearing first on the priority list in WAC 197 -11 -936 shall be the lead agency. To transfer lead agency duties, the responsible official must transmit a notice of the transfer, together with any relevant information available on the proposal, to the appropriate State agency with jurisdiction. The responsible official shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. Section 7. Categorical Exemptions and Threshold Determinations Time Estimates. The time estimates contained in this section apply when the City processes licenses for all private pro- jects and those governmental proposals submitted to the City by other agencies. The actual time may vary with the complexity of the pro- ject, availability of staff, cooperation of agencies with jurisdiction or expertise, etc. The time estimates contained herein shall not be construed to be mandatory. 1. Categorical Exemptions. The City should normally identify whether an action is categorically exempt within seven (7) business days of receiving a completed application. 2. Threshold Determinations. a. The City should normally complete threshold deter- minations that can be based solely upon review of the environmental checklist for the proposal within fifteen (15) business days of the date an applicant's completed application and checklist are submitted. b. When the responsible official requires further information from the applicant or consults with other agencies with jurisdiction: i. The City should normally request such further information within fifteen (15) business days of receiving a completed application and environmental checklist. ii. The City should normally wait no longer than thirty (30) calendar days for a consulted agency to respond. iii. The responsible official should normally complete the threshold determination within fifteen (15) business days of receiving the requested information from the applicant or the consulted agency. c. When the City must initiate further studies, including field investigations, to obtain the information to make the threshold determination, -3- the City should normally complete the studies within thirty (30) calendar days of receiving a completed application and checklist. d. The City should normally complete threshold deter- minations on actions where the applicant recom- mends in writing that an EIS be prepared, because of the probable significant adverse environmental impacts described in the application, within fif- teen (15) business days of receiving a completed application and checklist. e. The responsible official should normally respond to a request for early notice within ten (10) business days. The threshold determination should normally be made within fifteen (15) business days of receipt of the changed or clarified proposal, environmental checklist and /or permit application. f. The time limits set forth in this subsection shall not apply to withdrawals of affirmative and nega- tive threshold determinations where such withdrawals are made in accordance wth Sections 340 and 360 of the SEPA Rules. g. There shall be no time limits on governmental actions originated by the city for determination of categorical exemptions or threshold deter- minations. Section 8. SEPA Decisions. For nonexempt proposals, the DNS or draft EIS for the proposal shall accompany the City staff's recommendation to any appropriate advisory body such as the Planning Commission. Section 9. Threshold Determination Review at Conceptual Stage. 1. The City's only action on a proposal is a decision on a building permit or other licenses that requires detailed project plans and specifications, the appli- cant may request in writing that the City conduct environmental review prior to submission of the detailed plans and specifications. 2. In addition to the environmental documents an appli- cant shall submit the following information: a. Conceptual site plans and building plans. b. Other information as the responsible official may determine. Section 10. Categorical Exemptions and Threshold Determinations Adoption by Reference. The City adopts the following sections of Chapter 197 -11 WAC, as now existing or as may be amended hereafter, by reference as supplemented in this ordinance: 197 -11 -300 Purpose of this part. 197 -11 -305 Categorical exemptions. 197 -11 -310 Threshold determination required. 197 -11 -315 Environmental checklist. 197 -11 -330 Threshold determination process. 197 -11 -335 Additional information. 197 -11 -340 Determination of nonsignificance (DNS). 197 -11 -350 Mitigated DNS. 197 -11 -360 Determination of significance (DS) /ini- tiation of scoping. 197 -11 -390 Effect of threshold determination. Section 11. Categorical Exemptions Flexible Thresholds. -4- 1. The City establishes the following exempt levels for minor new construction based on local conditions: a. For residential dwelling units in WAC 197- 11- 800(1)(b)(i) up to (4) dwelling units. b. For agricultural structures in WAC 197- 11- 800(1)(b)(ii) up to (10,000) square feet. c. For office, school, commercial, recreational, ser- vice or storage buildings in WAC 197- 11- 800(1)(b)(iii) up to (4,000) square feet, and up to (20) parking spaces. d. For parking lots in WAC 197- 11- 800(1)(b)(iv) up to (20) parking spaces. e. For landfills and evacuations in WAC 197- 11- 800(1)(b)(v) up to (100) cubic yards. 2. The responsible official shall send copies of all adopted flexible thresholds to the Department of Ecology, headquarters office, Olympia, Washington. Section 12. Categorical Exemptions Determination. 1. When the City receives an application for a license or, in the case of governmental proposals, a depart- ment initiates a proposal, the responsible official shall determine whether the license and /or the propo- sal is exempt. The determination that a proposal is exempt shall be final and not subject to administra- tive review. If a proposal is exempt, none of the procedural requirements of this ordinance shall apply to the proposal. 2. In determining whether or not a proposal is exempt the responsible official shall make certain the proposal is properly defined and shall identify the governmen- tal license required. If a proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency even if the license applica- tion that triggers the consideration is exempt. 3. If a proposal includes both exempt and nonexempt actions, the City may authorize exempt actions prior to compliance with the procedural requirements of this ordinance, except that: a. The City shall not give authorization for: i. Any nonexempt action; ii. Any action that would have an adverse environmental impact; or iii. Any action that would limit the choice of reasonable alternatives. b. The responsible official may withhold approval of an exempt action that would lead to modification of the physical environment, when such modifica- tion would serve no purpose if the nonexempt actions were not approved, and c. The responsible official 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 the nonexempt actions were not approved. Section 13. Threshold Determinations Environmental Checklist. -5- 1. A completed environmental checklist shall be filed at the same time as an application for a permit, license, certificate or other approval not exempted by this ordinance. The checklist shall be in the form of WAC 197 -11 -960 with such additions that may be required by the responsible official in accordance with WAC 197 -11- 906(4). 2. A checklist is not needed if the City and the appli- cant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. 3. The City shall use the environmental checklist to determine the lead agency and, if the City is the lead agency, for making the threshold determination. 4. For private proposals, the applicant is required to complete the environmental checklist. The City may provide information as necessary. For City proposals, the department initiating the proposal shall complete the environmental checklist for that proposal. 5. The City may decide to complete all or part of the environmental checklist for a private proposal, if either of the following occurs: a. The City has technical information on a question or questions that is unavailable to the private applicant; or b. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration. Section 14. Threshold Determinations Mitigated DNS. 1. The responsible official may issue a determination of nonsignificance (DNS) based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant. 2. An applicant may request in writing early notice of whether a DS is likely. The request must: a. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and b. Precede the City's actual threshold determination for the proposal. 3. The responsible official's response to the request for early notice shall: a. State whether the City currently considers issuance of a DS likely and, if so, indicate the general or specific areas of concern that are leading the City to consider a DS; and b. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, and may revise the environmental checklist and /or per- mit application as necessary to reflect the changes or clarifications. 4. When an applicant submits a changed or clarified pro- posal, along with a revised environmental checklist, the City shall base its threshold determination on the changed or clarified proposal. a. If the City indicated specific mitigation measures in its response to the request for early notice, -6- and the applicant changed or clarified the propo- sal to include those specific mitigation measures, the City shall issue and circulate a determination of nonsignificance if the City determines that no additional information or mitigation measures are required. b. If the City indicated areas of concern, but did not indicate specific mititagtion measures that would allow it to issue a DNS, the City shall make the threshold determination, issuing a DNS or DS as appropriate. c. The applicant's proposed mitigation measures, clarifications, changes or conditions must be in writing and must be specific. d. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents. 5. The City shall not act upon a proposal for which a mitigated DNS has been issued for fifteen (15) days after the date of issuance. 6. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the licensing decision and may be enforced in the same manner as any term or condition of the permit or enforced in any matter specifically prescribed by the City. Failure to comply with the designated mitiga- tion measures shall be grounds for suspension and /or revocation of any license issued. 7. If the City's tenative decision on a permit or appro- val does not include mitigation measures that were incorporated in a mitigation DNS for the proposal, the City should evaluate the threshold determination to assure consistency with WAC 197- 11- 340(3)(a) relating to the withdrawal of a DNS. 8. The City's written response under subsection 2 of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarification or changes to a proposal, as opposed to a written request for early notice, shall not bind the City to consider the clarifications or changes in its threshold determination. Section 15. Environmental Impact Statement (EIS) Adoption by Reference. The City adopts the following sections of Chapter 197 -11 WAC, as now existing or as may be amended hereafter, by reference as supplemented by this ordinance: 197 -11 -400 Purpose of EIS. 197 -11 -402 General requirements. 197 -11 -405 EIS types. 197 -11 -406 EIS timing. 197 -11 -408 Scoping. 197 -11 -410 Expanded scoping. 197 -11 -420 EIS preparation 197 -11 -425 Style and size. 197 -11 -430 Format. 197 -11 -435 Cover letter or memo. 197 -11 -440 EIS contents. 197 -11 -442 Contents of EIS on nonproject proposals. 197 -11 -443 EIS contents when prior nonproject EIS. 197 -11 -444 Elements of the environment. 197 -11 -448 Relationship of EIS to other considerations 197 -11 -450 Cost benefit analysis. 197 -11 -455 Issuance of DEIS. 197 -11 -460 Issuance of FEIS. -7- Section 16. EIS Preparation. 1. Preparation of draft and final EISs and SEISs shall be under the direction of the responsible official. Before the City issues an EIS, the responsible offi- cial shall be satisfied that it complies with this ordinance and Chapter 197 -11 WAC. 2. The draft and final EIS or SEIS shall be prepared at the City's option by the City staff, the applicant or by a consultant approved by the City. If the respon- sible official requires an EIS for a proposal and determines that someone other than the City will pre- pare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the City's proce- dure for EIS preparation, including approval of the draft and final EIS prior to distribution. 3. The City may require an applicant to provide infor- mation the City does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this ordinance or that is being requested from another Agency; provided, however, this does not apply to information the City may request under another ordinance or statute. Section 17. EIS Additional Elements. The following additional elements may be part of the environment for the purpose of EIS content, but do not add to the criteria for threshold deter- minations or perform any other function of purpose under this ordinan- ce: 1. Economy. 2. Social policy analysis. 3. Cost benefit analysis. 4. Such other elements as may be required by the respon- sible official. Section 18. EIS Commenting Adoption by Reference. The City adopts the following sections of Chapter 197 -11 WAC, as now existing or as may be amended hereafter, by reference as supplemented in this ordinance: 197 -11 -500 Purpose of this Part. 197 -11 -502 Inviting comment. 197 -11 -504 Availability and cost of environmental docu- ments. 197 -11 -508 SEPA Register. 197 -11 -535 Public hearings and meetings. 197 -11 -545 Effect of no comment. 197 -11 -550 Specificity of comments. 197 -11 -560 FEIS response to comments. 197 -11 -570 Consulted agency costs to assist lead agency. Section 19. Public Notice. 1. Whenever public notice is required, the City shall follow the procedures set forth in this Section. 2. Public notice will be given in the following situations: a. When the City issues the following determinations of nonsignificance (DNS): i. DNS involving another agency with jurisdiction; ii. DNS involving the demolition of any struc- ture or facility not exempted by WAC 197- 11- 800(2)(f) or 197 -11 -880; -8- iii. DNS involving the issuance of a clearing or grading permit not exempted by WAC 197 -11 -800 through 197 -11 -890; iv. DNS issued following a request for early notice pursuant to WAC 197 -11- 350(2); v. Mitigated DNS issued pursuant to WAC 197 -11- 350(3); vi. DNS issued following the withdrawal of a DS pursuant to WAC 197 -11- 360(4). b. When the City issues a determination of signifi- cance to commence scoping. c. When a draft EIS (DEIS) is available for public comment. d. Whenever the City holds a public hearing pursuant to WAC 197 -11 -535. e. Whenever the responsible official determines that public notice is required. 3. The City shall give public notice by using at least one of the following methods: a. Posting the property, for site specific proposals; b. Publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located; c. Notifying public or private groups or individuals which have requested in writing notification for a certain proposal being considered. d. Notifying owners of record of those properties within 300' of the subject property for site spe- cific proposals. 4. Notice of public hearings shall be published no later than ten (10) days before the hearing. Notice of public hearings on nonproject proposals shall be published in a newspaper of general circulation in the City. 5. The City may require an applicant to compensate the City for the costs of compliance with the public notice requirements for the applicant's proposal or provide services and materials to assist. Section 20. Designation of Official to Perform Consulted Agency Responsibilities. 1. The responsible official shall be responsible for pre- paration of written comments for the City in response to a consultation request prior to a threshold deter- mination, participation in scoping and reviewing of a draft EIS. 2. The responsible official shall be responsible for the City's compliance with WAC 197 -11 -550 whenever the City is a consulted agency and is authorized to deve- lop operating procedures that will ensure that respon- ses to consultation requests are prepared in a timely fashion and include data from all appropriate depart- ments of the City. Section 21. Using Existing Environmental Documents Adoption by Reference. The City adopts the following sections of Chapter 197 -11 WAC, as now existing or as may be amended hereafter, by reference: -9- 197 -11 -600 When to use existing environmental documents. 197 -11 -610 Use of NEPA documents. 197 -11 -620 Supplemental environmental impact statements. 197 -11 -625 Addenda Procedures. 197 -11 -630 Adoption Procedures. 197 -11 -635 Incorporation by reference Procedures. 197 -11 -640 Combining documents. Section 22. SEPA Decisions Adoption by Reference. The City adopts the following sections of Chapter 197 -11 WAC, as now existing or as may be amended hereafter, by reference: 197 -11 -650 Purpose of this Part. 197 -11 -655 Implementaion. 197 -11 -660 Substantive authority and mitigation. 197 -11 -680 Appeals. 197 -11 -700 Definitions. Section 23. SEPA Decisions Substantive Authority. 1. The City may attach conditions to a license or appro- val for a proposal so long as: a. Such conditions are necessary to mitigate specific adverse environmental impacts clearly identified in an environmental document prepared pursuant to this ordinance; and b. Such conditions are in writing; and c. Such conditions are reasonable and capable of being accomplished; and d. The City has considered whether other local, state or federal mitigation measures applied to the pro- posal are sufficient to mitigate the identified impacts; and e. Such conditions are based on one or more policies in Section 24 and cited in the permit, approval, license or other decision document. 2. The City may deny a permit or approval for a proposal on the basis of SEPA so long as: a. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final EIS or final supplemental EIS; and b. A finding is made that there are no reasonable mitigation measures are insufficient to mitigate the identified impact; and c. The denial is based on one (1) or more policies identified in Section 24 and identified in writing in the decision document. Section 24. SEPA POLICIES. 1. The policies and goals set forth in this ordinance are supplementary to those in the existing authorization of the City. 2. The City adopts by reference the policies in the following City codes, ordinances, resolutions and plans as now existing or as may be amended hereafter: A. Zoning Code -TMC Chapter 18.02 B. Shoreline Master Plan Ordinance 898 C. Comprehensive Land Use Policy Plan Ordinance 1246 D. Long Range Parks and Open Space Plan Ordinance 1315. -10- E. Subdivision Ordinance -TMC Chapter 17.04. F. Comprehensive Sewer Plan- Resolution 904 G. Comprehensive Water Plan- Resolution 873 H. Uniform Building Code -1982 Edition Ordinance 1287 I. Transportation Improvement Plan- Resolution 917 J. Annexation Policy Plan- Resolution 626 K. Sidewalk Ordinance Ordinance 1233 L. Standard Specifications for Municipal Construction- Ordinance 1250 3. The City establishes the following additional poli- cies: A. Data Inventory: Tukwila Planning Area B. Administrative Policy Procedures Section 25. Appeals. 1. Any interested person may appeal a threshold deter- mination, adequacy of a final EIS and the conditions or denials of a requested action made by a non elected City official pursuant to the procedures set forth in this Section. No other SEPA appeal shall be allowed. 2. All appeals filed pursuant to this Section must be filed in writing with the City Clerk within ten (10) calendar days of the date of the decision appealed from. 3. On receipt of a timely written notice of appeal, the City Clerk shall advise the City Council of the pen- dency of the appeal and requst that a date for con- sidering the appeal be established. 4. All relevant evidence shall be received during the hearing of the appeal and the decision shall be made de novo. The procedural determination by the City's responsible official shall carry substantial weight in any appeal proceeding. 5. For any appeal under this Section, the City shall pro- vide for a record that shall consist of the following: a. Findings and conclusions; b. Testimony under oath; and c. A taped or written transcript. 6. The City may require the applicant to bear the expense for a written transcript. Section 26. Notice /Statue of Limitations. 1. The City shall give official notice whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. 2. The City, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action. The form of the notice of action shall be substantially in the form provided in WAC 197 -11 -990. Section 27. Definitions Adoption by Reference. The City adopts the following sections of Chapter 197 -11 WAC, as now existing or as may be amended hereafter, by reference, as supplemented in this ordinance: 197 -11 -700 Definitions. 197 -11 -702 Act. 197 -11 -704 Action. -11- 197 -11 -706 Addendum 197 -11 -708 Adoption. 197 -11 -710 Affected tribe. 197 -11 -712 Affecting. 197 -11 -714 Agency. 197 -11 -716 Applicant. 197 -11 -718 Built environment. 197 -11 -720 Categorical exemption. 197 -11 -722 Consolidated appeal. 197 -11 -724 Consulted agency. 197 -11 -726 Cost benefit analysis 197 -11 -728 County /city. 197 -11 -730 Decision maker. 197 -11 -732 Department. 197 -11 -734 Determination of nonsignificance (DNS). 197 -11 -736 Determination of significance (DS). 197 -11 -738 EIS. 197 -11 -740 Environment. 197 -11 -742 Environmental checklist. 197 -11 -744 Environmental document. 197 -11 -746 Environmental review. 197 -11 -748 Environmentally sensitive area. 197 -11 -750 Expanded scoping. 197 -11 -752 Impacts. 197 -11 -754 Incorporation by reference. 197 -11 -756 Lands covered by water. 197 -11 -758 Lead agency. 197 -11 -760 License. 197 -11 -762 Local agency. 197 -11 -764 Major action. 197 -11 -766 Mitigated DNS. 197 -11 -768 Mitigation. 197 -11 -770 Natural environment. 197 -11 -772 NEPA. 197 -11 -774 Nonproject. 197 -11 -776 Phased review. 197 -11 -778 Preparation. 197 -11 -780 Private project. 197 -11 -782 Probable. 197 -11 -784 Proposal. 197 -11 -786 Reasonable alternative. 197 -11 -788 Responsible official. 197 -11 -790 SEPA. 197 -11 -792 Scope. 197 -11 -793 Scoping. 197 -11 -794 Significant. 197 -11 -796 State agency. 197 -11 -797 Threshold determination. 197 -11 -799 Underlying governmental action. Section 28. Categorical Exemptions Adoption by Reference. The City adopts the following rules for categorical exemp- tion of Chapter 197 -11, as now existing or as may be amended hereafter, by reference, as supplemented in this ordinance: 197 -11 -800 Categorical exemptions. 197 -11 -880 Emergencies. 197 -11 -890 Petitioning DOE to change exemptions. Section 29. Compliance with SEPA Adoption by Reference. The City adopts the following sections of Chapter 197 -11 WAC, as now existing or as may be amended hereafter, by reference, as supplemented in this ordinance: 197 -11 -900 Purpose of this part. 197 -11 -902 Agency SEPA policies. 197 -11 -916 Application to ongoing actions. 197 -11 -920 Agencies with environmental expertise. 197 -11 -922 Lead agency rules. 197 -11 -924 Determining the lead agency. 197 -11 -926 Lead agency for governmental proposals. 197 -11 -928 Lead agency for public and private proposals. -12- 197 -11 -930 Lead agency for private projects with one agency with jurisdiction. 197 -11 -932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county /city. 197 -11 -934 Lead agency for private projects requiring licenses from a local agency, not a county/ city, and one or more state agencies. 197 -11 -936 Lead agency for private projects requiring licenses from more than one state agency. 197 -11 -938 Lead agencies for specific proposals. 197 -11 -940 Transfer of lead agency status to a state agency. 197 -11 -942 Agreements on lead agency status. 197 -11 -944 Agreements on division of lead agency duties. 197 -11 -946 DOE resolution of lead agency disputes. 197 -11 -948 Assumption of lead agency status. Section 30. Environmentally Sensitive Areas. 1. The Comprehensive Land Use Policy Plan Map Ordinance No. 1246 designates the location of environmentally sensitive areas within the City as special development consideration areas and is adopted by reference. In addition to those areas identified in WAC 197 -11 -908 and for purposes of this ordinance environmentally sensitive areas shall also include major wooded areas. For each environmentally sensitive area, the exemp tions within WAC 197 -11 -800 that are inapplicable for that area are: WAC 197- 11- 800(1),(2)(a) through h) ,(3),(5),(6)(a),(14)(c),(24)(a) through (g), and (25)(d),(f),(h) and (i). Unidentified exemptions shall continue to apply within environmentally sen sitive areas of the City. 2. The City shall treat proposals located wholly or par tially within an environmentally sensitive area no differently than other proposals under this ordinance, making a threshold determination for all such propo sals. The City shall not automatically require an EIS for a proposal merely because it is proposed for loca tion in an environmentally sensitive area. 3. Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. Section 31. Fees. The City shall require the following fees for its activities in accordance with the provisions of this ordinance: 1. Threshold determination. For every environmental checklist the City will review when it is lead agency, the City shall collect a fee of one hundred dollars ($100) from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this ordinance for making a threshold determination shall not begin to run until payment of fees. 2. Environmental impact statement. a. When the City is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the City, the City may charge and collect a reasonable fee from any applicant to cover costs incurred, including overhead, by the City in preparing the EIS. The responsible offi- cial shall advise the applicant of the projected costs for the EIS prior to actual preparation. -13- b. The responsible official may determine that the City will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the City and may bill such costs and expenses directly to the applicant. Such con- sultants shall be selected by the City. c. The applicant shall pay the projected amount to the City prior to commencing work. The City will refund the excess, if any, at the completion of the EIS. If the City's costs exceed the projected costs, the applicant shall immediately pay the excess. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under (a) or (b) of this subsection which remain after incurred costs, including overhead, are paid. 3. The City may collect a reasonable fee from an appli- cant to cover the cost of meeting the public notice requirements of this ordinance relating to the appli- cant's proposal. 4. The City may charge any person for copies of any docu- ment prepared under this ordinance, and for mailing the document, in a manner provided by Chapter 42.17 RCW. Section 32. Forms Adoption by Reference. The City adopts the following forms and sections of Chapter 19711 WAC, as now existing or as may be amended hereafter, by reference: 197 -11 -960 Environmental checklist. 197 -11 -965 Adoption notice. 197 -11 -970 Determination of nonsignificance (DNS). 197 -11 -980 Determination of significance and scoping notice (DS). 197 -11 -985 Notice of assumption of lead agency status. 197 -11 -990 Notice of action. Section 33. WAC's on File. The City Clerk shall maintain on file for public use and examination three (3) copies of the Washington Administrative Code Sections referred to herein. Section 34. Repealer. Chapter 21.04 of the Tukwila Municipal Code and Ordinance No. 1211 of the City of Tukwila passed by the City Council on April 20, 1981, are hereby repealed. Section 35. Severability. If any section, sentence, clause or phrase of this ordinance, including any section adopted by reference, should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other sec- tion, sentence, clause or phrase of this ordinance or any other sec- tion adopted by reference. Section 36. Emergency Declared. The City Council hereby declares that due to the effective date of the new State Rules an emergency exists which requires that this ordinance become effective immediately upon its adoption by the City Council to protect the public health, safety, property and peace by bringing the City's ordi- nances into conformity with the new State Rules. Section 37. Effective Date. This ordinance, being enacted as an emergency measure to protect the public health, safety, property and peace shall be in full force and effect immediately upon its adoption by the City Council. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a special meeting thereof this 24th day of September 1984. -14- APPROVED: e //i 'Gar r ),e.ziza.--gr---x------'--- r L.'Va Dusen, a or Approved as to Form o ff' of- --t y torne� _..4' A 2_ X/g//A/l/:- r%V7 .401 Maxl'ne Anderson,`" City Clerk FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED RECORD CHRONICLE: 4 1- 0-81 EFFECTIVE DATE: ORDINANCE NO. 1331 -15- SUMMARY OF THE STATE ENVIRONMENTAL POLICY ACT (SEPA) RULES AND THE MODEL SEPA ORDINANCE The Model SEPA Ordinance (Chapter 173 806 -WAC) has 11 parts that correlate with the 11 parts of the SEPA rules (Chapter 197-11 WAC).. Part one establishes the authority under which an agency would adopt its SEPA procedures. Each of the other parts lists the mandatory sections of Chapter 197 -11 WAC that apply to a local agency. These sections include: procedures for determining whether a governmental action is categorically exempt from compliance with SEPA, exempt from the environmental impact statement (EIS) requirements of SEPA or requires preparation of an EIS; procedures to document the determination and to prepare an EIS; and procedures for determining the governmental agency responsible for assuring compliance with SEPA for a particular proposal (the lead agency). Sections in the model ordinance provide optional language that agencies may use for establishing procedures for designating SEPA responsible official, responding to a "request for early notice" (mitigated DNS), preparing an EIS, and meeting public notice requirements; establishing policies and procedures for conditioning or denying permits or other approvals based on information in SEPA documents; and establishing a fee schedule. Agencies must adopt SEPA procedures to be consistent with the SEPA Rules (Chapter 197 -11 WAC) recently adopted by the Department of Ecology.