HomeMy WebLinkAboutOrd 0986 - State Environmental Policy Act (Repealed by Ord 1211)
CITY OF TUKWILA
WASHINGTON
ORDINANCE NO 986
REPEALED BY 1211
AN ORDINANCE OF THE CITY OF TUKWILA RELATING TO ENVIRON-
MENTAL POLICY, ADOPTING THE POLICIES OF THE STATE ENVIR-
ONMENTAL POLICY ACT RCW 43.21C.010 AND RCW 43.21C.020 AND
THE "SEPA GUIDELINES" ADOPTED BY THE STATE OF WASHINGTON
COUNCIL ON ENVIRONMENTAL POLICY AS CHAPTER 197 -10 WASH-
INGTON ADMINISTRATIVE CODE, ALL BY REFERENCE AND ESTABLISH-
ING LOCAL REGULATIONS AND PROCESSING PROCEDURES TO IMPLE-
MENT SAID ENVIRONMENTAL POLICY AND REPEALING ORDINANCE
NO. 759.
THE CITY COUNCIL FOR THE CITY OF TUKWILA DO ORDAIN AS FOLLOWS:
REPEALED BY /J j f
Section 1. POLICIES AND AUTHORITY.
(1) The City of Tukwila hereby adopts by reference the policies of
the State Environmental Policy Act as expressed in RCW 43.21C.010 and RCW 43.21C.020.
(2) The City possesses the authority to deny or condition actions so
as to prevent or mitigate adverse environmental impacts. This authority applies
to all City activities including actions as defined in this ordinance, as well as
activities which are categorically exempted or excluded from the definition of
action, whether or not such activities are considered to be ministerial in nature.
Section 2. ADOPTION BY REFERENCE. The City hereby adopts by reference
the following sections or subsections of Chapter 197 -10 of the Washington Adminis-
trative Code (the "SEPA GUIDELINES" adopted by the State of Washington, Council on
Environmental Policy):
WAC 197 -10 -040: Definitions.
060: Scope of a Proposal and Its Impacts.
160: No Presumption of Significance for Non Exempt Actions.
170: Categorical Exemptions.
-175: Exemptions and Non Exemptions Applicable to Specific
State Agencies.
180: Exemptions for Emergency Actions.
200: Lead Agency Responsibilities.
203: Determination of Lead Agency Procedures.
205: Lead Agency Designation Governmental Proposals.
210: Lead Agency Designation Proposals involving both
private and public construction.
215: Lead Agency Designation Private Projects for which
there is only one agency.
220: Lead Agency Designation Private Projects, Licenses
from more than one agency when one is City.
225: Lead Agency Designation Private Projects, License
from more than one state agency.
230: Lead Agency Designation Specific Proposals.
235: Local Agency Transfer of Lead Agency Status to a
State Agency.
240: Agreements as to Lead Agency Status.
245: Agreements Between Agencies as to Division of Lead
Agency Duties.
260: Dispute as to lead Agency Determination Resolution
by CEP.
270: Assumption of Lead Agency by Another Agency with
Jurisdiction.
300: Threshold Determination Requirement.
305: Recommended Timing for Threshold Determination.
310: Threshold Determination Procedures Environmental
Checklist.
-320: Threshold Determination Procedures Initial Review
of Environmental Checklist.
330: Threshold Determination Procedures Information in
Addition to Checklist.
340: Threshold Determination Procedures Negative
Declarations.
345: Assumption of Lead Agency Status by Another Agency
with Jurisdiction Prerequisites, Effect and Form
of Notice.
350: Affirmative Threshold Determinations.
355: Form of Declaration of Significance /Non- Significance.
360: Threshold Determination Criteria Application of
Environmental Checklist.
365: Environmental Checklist.
370: Withdrawal of Affirmative Threshold Determination.
375: Withdrawal of Negative Threshold Determination.
390: Effect of Threshold Determination by Lead Agency.
400: Duty to Begin Preparation of a Draft EIS.
410: Pre -Draft Consultation Procedures.
425: Organization and Style of a Draft EIS.
440: Contents of a Draft EIS.
442: Special Considerations Regarding Contents of an EIS.
444: List of Elements of the Environment.
450: Public Awareness of Availability of Draft EIS.
455: Circulation of the Draft EIS Review Period.
460: Specific Agencies to which Draft EIS shall be sent.
465: Agencies possessing Environmental Expertise.
470: Costs to the Public for Reproduction of Environmental
Documents.
-480: Public Hearing on a Proposal When Required.
485: Notice of Public Hearing on Environmental Impact of
the Proposal.
490: Public Hearing on the Proposal Use of Environmental
Document.
495: Preparation of Amended or New Draft EIS.
500: Responsibilities of Conculted Agencies Local
Agencies.
510: Responsibilities of Consulted Agencies State Agencies
with Jurisdiction.
520: Responsibilities of Conculted Agencies State Agencies
Environmental Expertise.
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530: Responsibilities of Consulted Agencies When Pre
Draft Consultation has Occurred.
535: Cost of Performance of Consulted Agency Responsibilities.
540: Limitations on Responses to Consultation.
545: Effect of No Written Comment.
550: Preparation of the Final EIS Time Period Allowed.
-570: Preparation of Final EIS When no Critical Comments
Received on the Draft EIS.
580: Preparation of the Final EIS Contents When Critical
Comments Received on Draft EIS.
600: Circulation of the Final EIS.
650: Effect of an Adequate Final EIS Prepared Pursuant to
NEPA.
652: Supplementation of a Lead Agency of an Inadequate Final
NEPA EIS.
660: Use of Previously Prepared EIS for a Different Proposed
Action.
690: Use of a Lead Agency's EIS by Other Acting Agencies
for the Same Proposal.
695: Draft and Final Supplements to a Revised EIS.
700: No Action for Seven Days After Publication of the
Final EIS.
710: EIS Combined with Existing Planning and Review Processes.
830: Responsibilities of Agencies SEPA Public Information
Center.
835: Regional SEPA Public Information Centers.
-840: Applications of Agency Guidelines to Ongoing Actions.
Section 3. ADDITIONAL DEFINITIONS. In addition to those definitions
contained within WAC 197 -10 -040, the following terms shall have the following
meanings, unless the context indicates otherwise:
(1) "DEPARTMENT" means any division, sub division or organizational
unit of the City established by ordinance, rule, or order.
(2) "SEPA GUIDELINES" means Chapter 197 -10 WAC adopted by the Council
on Environmental Policy.
Section 4. TIME LIMITS APPLICABLE TO THE SEPA PROCESS. The following
time limits (expressed in calendar days) shall apply to the processing of all
private projects and to those governmental proposals submitted to this City by
other agencies:
(1) Categorical Exemptions. Identification of categorically exempt
actions shall occur within seven (7) days of submission of an adequate application;
(2) Threshold Determinations.
(a) Threshold determinations which can be made based upon review of the
environmental checklist submitted by the applicant should be completed within fifteen
(15) days of submission of an adequate application and the completed checklist.
(b) Threshold determinations requiring further information from the
applicant or consultation with other agencies with jurisdiction should be completed
within fifteen (15) 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 fifteen (15) days of the submission of an adequate application and
completed checklist; when a request for further information is submitted to a
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consulted agency, the City shall wait a maximum of thirty (30) days for the
consulted agency to respond.
(c) Threshold determinations which require that further studies, in-
cluding field investigations being initiated by the City, should be completed within
thirty (30) days of submission of an adequate application and the completed checklist.
(d) Threshold determinations on actions where the applicant recommends
in writing that an EIS be prepared because of the significant impact asserted and
described in the application shall be completed within fifteen (15) days of sub-
mission of an adequate application and the completed checklist.
(e) The time limits set forth in this subsection shall not apply to
withdrawals of affirmative and negative threshold determinations where such with-
drawals are made in accordance with section 370 and 375 of the SEPA Guidelines.
(f) When a threshold determination is expected to require more than
fifteen (15) days to complete and a private applicant requests notification of the
date when a threshold determination will be made, the lead agency shall transmit to
the private applicant a written statement as to the expected date of decision.
(3) Governmental Actions. There shall be no time limits on actions
originated by the City of Tukwila for determination of categorical exemptions or
threshold determinations.
Section 5. ENVIRONMENTALLY SENSITIVE AREAS.
(1) The map attached hereto as "Attachment A" to this ordinance and
captioned: "Generalized Environmentally Sensitive Areas Map" is adopted by
reference and designates the general location of environmentally sensitive areas withii
the City. For each sensitive area, exemptions within WAC 197 -10 -170 of the SEPA
GUIDELINES do not apply. Other exemptions not so identified shall continue to apply
within environmentally sensitive areas of the City. In addition to those areas iden-
tified in WAC 197 -10 -177 and for purposes of this ordinance, environmentally sensitive
areas shall include major wooded areas.
(2) Major actions which will be located wholly or partially within an en-
vironmentally sensitive area are to be treated no differently than other major actions
under these guidelines. A threshold determination shall be made for all such actions,
and an EIS shall not be automatically required for a proposal merely because it is
located in an environmentally sensitive area.
(3) Certain exemptions do not apply on land covered by water, and this
remains true regardless of whether or not lands covered by water are mapped.
Section 6. USE OF EXEMPTIONS.
(1) The applicability of the exemptions shall be determined by each
department within the City which receives an application for a license, or in
the case of governmental proposals, by the responsible official. A determination
by any such department that a proposal is exempt shall be final and not subject
to administrative review.
(2) If a proposal includes a series of actions, physically or functionally
related to each other, some of which are exempt and some of which are not, the propo-
sal is not exempt.
(3) If the proposal includes a series of exempt actions which are
physically or functionally related to each other, but which together may have a
significant environmental impact, the proposal is not exempt.
(4) If it is determined that a proposal is exempt, none of the proce-
dural requirements of these guidelines apply to the proposal. No environmental
checklist shall be required for an exempt proposal.
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(5) A department which is determining whether or not a proposal is
exempt shall ascertain the total scope of the proposal and the governmental
licenses required. (If a proposal includes a series of actions, physically or
functionally related to each other, some of which are exempt and some which
are not, the proposal is not exempt.) For any such proposal, the lead agency
shall be determined, even if the license application which triggers the depart-
ment's consideration is otherwise exempt. If the lead agency is the City, then
the responsible official shall determine if the proposal is exempt.
(6) If a proposal includes both exempt and nonexempt actions, exempt
actions may be authorized with respect to the proposal prior to compliance with
the procedural requirements of these guidelines subject to the following limita-
tions:
(a) No major action (nonexempt action) shall be authorized;
(b) No action shall be authorized which will irrevocably commit the City
to approve or authorize a major action;
(c) A department may withhold approval of an exempt action which would
lead to modification of the physical environment, when such modifications would
serve no purpose if later approval of a major action is not secured; and
(d) A department may withhold approval of exempt actions which would lead
to substantial financial expenditures by a private applicant which would serve no
purpose if later approval of a major action is not secured.
Section 7. LEAD AGENCY DETERMINATION AND RESPONSIBILITIES.
(1) Any department within the City receiving or initiating a propo-
sal, any portion of which involves a major action, shall determine the lead agency
for that proposal pursuant to the criteria set forth in WAC 197 -10 -205 through -270,
using the procedures of WAC 197 -10 -203. This determination shall be made for each
proposal involving a major action unless the lead agency has been previously deter-
mined, or the department is aware that another department or agency is in the process
of determining the lead agency.
(2) In those instances in which the City is the lead agency, the responsi-
ble official of the City shall supervise compliance with the threshold determination,
and if an EIS is necessary, shall supervise preparation of the draft and final EIS.
(3) In those instances in which the City is not the lead agency under the
criteria of WAC 197 -10 -205 through -270, all departments of the City, subject to the
limitations of WAC 197 -10 -390, -660, and -690 shall utilize and consider as appropriat
either the declaration of nonsignificance or the final EIS of the City on the proposal
In such instances, no City department shall prepare or require preparation of a decla-
ration of nonsignificance or EIS in addition to that prepared by the lead agency.
(4) In the event that the City or any department thereof receives a lead
agency determination made by another agency which does not appear to be in accord with
the criteria of WAC 197 -10 -205 through -245 it may object thereto. Any such objection
must be made and resolved within fifteen (15) days of receipt of the determination, or
the City must petition CEP for a lead agency determination pursuant to WAC 197 -10 -260
within the fifteen (15) day time period. Any such petition on behalf of the City shal
be initiated by the Mayor.
(5) Departments of the City are authorized to make agreements as to lead
agency status pursuant to WAC 197 -10 -240 and WAC 197 -10 -245: PROVIDED, that any such
agreement involving assumption of lead agency status by the City will first be approve
by the responsible official for the City and that any department which will incur
responsibilities as a result of any such agreement will approve the agreement.
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(6) Any department making a lead agency determination for a private
project shall require sufficient information from the applicant to ascertain
which other agencies have jurisdiction over the proposal.
Section 8. 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 have jurisdiction, the responsible official of the City
may elect to transfer the lead duties to that state agency with jurisdiction appear-
ing first on the priority listing in WAC 197 -10 -225. In such event, the state agency
so determined shall be the lead agency and the City shall be an agency with juris-
diction. Transfer is accomplished by the responsible official of the City transmit-
ting a notice of the transfer together with any relevant information available on
the proposal to the appropriate state agency with jurisdiction. The responsible
official of the City shall also give notice of the transfer to the private applicant
and any other agencies with jurisdiction over the proposal.
Section 9. ENVIRONMENTAL CHECKLIST.
(1) Except as provided in WAC 197 -10 -300 (2), a completed environmental
checklist, or a copy thereof, substantially in the form provided in WAC 197 -10 -365
shall be filed at the same time as an application fora permit, license, certificate,
or other entitlement for use not specifically exempted herein. No application shall
be considered complete without the Environmental Checklist. This checklist shall be
the basis for a determination by the City as to lead agency status and if the City is
determined to be the lead agency, then for the threshold determination.
(2) For all proposals for which the City is the lead agency, the responsi-
ble official of the City shall make the threshold determination pursuant to the
criteria and procedures of WAC 197 -10 -300 through -365.
Section 10. PREPARATION OF EIS.
(1) The draft and final EIS shall be prepared either by the responsible
official or his designee, or by a private applicant or a consultant retained by the
private applicant. In the event the responsible official determines that the appli-
cant will be required to prepare an EIS, the applicant shall be so notified immediatel;
after completion of the threshold determination.
(2) In the event that an EIS is to be prepared by a private applicant, the
responsible official shall assure that the EIS is prepared in a responsible manner and
with appropriate methodology. The responsible official shall direct the areas of re-
search and examination to be undertaken, as well as the organization of the resulting
document.
(3) In the event that the responsible official or his designee is preparing
an EIS, the responsible official may require a private applicant to provide data and
information which is not in the possession of the City relevant to any or all areas to
be covered by the EIS.
(4) No matter who participates in the preparation of an EIS, it must be
approved by the responsible official prior to distribution.
Section 11. ADDITIONAL ELEMENTS TO BE COVERED IN AN EIS. The following
additional elements are part of the environment for the purpose of EIS content, but
do not add to the criteria for threshold determinations or perform any other function
or purpose under these rules:
(1) Employment
(2) Economy
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(3) Tax base
(4) Cultural factors
(5) Quality of life
(6) Neighborhood cohesion
(7) Sociological factors
The responsible official shall, at the time of making a declaration of
significance, designate which of the foregoing additional elements shall be required
to be included in the EIS content in order to fully carry out the policies of the
State Environmental Policy Act and this Ordinance, except for economy, which shall
be included in all EIS's as required per Senate Bill 3097 (Ch. 117, Laws of 1975-1976,
2nd Ex. Sess.).
Section 12. DESIGNATION OF OFFICIAL TO PERFORM CONSULTED AGENCY
RESPONSIBILITIES FOR THE CITY.
(1) The Office of Community Development and Planning shall be responsible
for the preparation of the written comments for the City in response to a concultation
request prior to a threshold determination, participation in predraft consultation, or
reviewing a draft EIS.
(2) The official designated in paragraph (1) hereof shall be responsible
for compliance by the City with WAC 197 -10 -500 through -540 wherever the City is a
consulted agency, and is hereby authorized to develop operating procedures which
will ensure that responses to consultation requests are prepared in a timely fashion
and include data from all appropriate departments of the City.
Section 13. DESIGNATION OF RESPONSIBLE OFFICIAL.
(1) For those proposals for which the city is the lead agency, the respon-
sible official shall be the head of the department with jurisdiction over the proposed
action.
(2) The responsible official shall make the threshold determination, super-
vise preparation of any required EIS, and perform any other functions assigned to the
"lead agency" or "responsible official" by those sections of the SEPA Guidelines which
were adopted by reference in WAC 173 805 -020 hereof, for all proposals for which the
City is the lead agency.
Section 14. ACTION APPROVAL, APPROVAL WITH MODIFICAITON, OR DENIAL.
(1) The individual making the administrative decision on an action for
which an Environmental Impact Statement has been prepared or the Board or Commission
recommending or deciding on the action shall give substantial weight to the final
Environmental Impact Statement and the report prepared by the responsible official
and shall make a reasonable decision that will, to the maximum extent possible, miti-
gate any adverse effects on the environment and strive to fulfill the spirit of SEPA
as expressed in RCW 43.21C.010 and RCW 43.21C.020. This shall be accomplished in the
planning and review processess as stated in WAC 197 -10 -710.
(2) It shall be the duty of any administrative official or city board or
commission who has decision authority or recommendatory power on any action for which
an Environmental Impact Statement has been prepared to protect and preserve the
natural beauty and character existent in and inherent to the subject property and peri
pheral properties, if real property is involved, to the maximum extent possible.
Center:
Section 15. SEPA PUBLIC INFORMATION CENTER.
(1) The following location constitutes the City's SEPA Public Information
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Department of Community Development and Planning
CITY HALL ANNEX
6230 Southcenter Blvd.
Tukwila, WA 98188
Telephone: 242 -2177
(2) All reasonable means will be used to make the existence and loca-
tion of the City's SEPA Public Information Center known to both the public generally
and the employees of the City.
(3) The SEPA Public Information Center shall contain the documents and
provide the services required by WAC 197 -10 -830.
Section 16. FEES. Fees shall be required for actions by the City in
accordance with the provisions of this Ordinance and in the amounts provided for in
current City Ordinance establishing fee schedules.
(1) The City may require a fee for every environmental checklist and
directly related items filed with the City when the City is the lead agency. Said
fee shall be included in a general fee ordinance.
(2) Environmental Impact Statements:
(a) For all proposals requiring an EIS for which the City is the lead
agency and for which the responsible official determines that the EIS shall be pre-
pared by employees of the City, the City may charge and collect a reasonable fee from
any applicant to cover costs incurred by the city in the preparation of an EIS. If
it is determined that an EIS is required, applicants shall be advised of projected
costs of the statement prior to actual preparation and shall post bond or otherwise
insure payment of such costs.
(b) The responsible official may determine that the City will contract
directly with a consultant for preparation of environmental documents for activiites
initiated by some persons or entity other than the City and may bill such costs and
expenses directly to the applicant. Such consultants shall be selected by the City
after a call for bid and in consultation with the applicant. Applicants may be
required to post bond or otherwise insure payment of such costs.
(c) In the e-ent that a proposal is modified so that an EIS is no longer
required, the responsible official shall refund any costs collected under (a) and (b)
of this subsection which were collected for costs not incurred.
(3) No fee shall be collected by the City for performing its duties as a
consulted agency.
(4) The SEPA public information center of the City is hereby authorized
to charge periodic fees for the service of mailing registers and register updates.
Such fees shall be reasonably related to the costs of reproduction and mailing of
registers and updates.
(5) The City may charge any person for copies of any document prepared
pursuant to the requirements of this Ordinance, and for mailing thereof, in a manner
provided by Chapter 42.17 RCW.
Section 17. NOTICE /STATUTE OF LIMITATIONS.
(1) The City, applicant for, or proponent of an action may publish notice
of action pursuant to RCW 43.21C.080 for any action.
(2) The form of the notice shall be as prescribed by the department of
ecology and /or substantially in the form and manner set forth in RCW 43.21C.080.
The notice shall be published by the City Clerk, applicant or proponent pursuant to
RCW 43.21C.080.
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Section 18. SEVERABILITY. If any provision of this ordinance or its
application to any person or circumstance is held invalid, the remainder of this
ordinance, or the application of the provision to other persons or circumstances,
shall not be affected.
Section 19. COPIES ON FILE. The City shall maintain at all times
available for the use of the general public at the City Hall Annex, 6230 Southcenter
Boulevard, Tukwila, Washington 98188, not less than three copies of the statutes
and administrative code provisions herein adopted by reference, to -wit: Sections
43.21C.010 and 43.21C.020 Revised Code of Washington and Chapter 197 -10 Washington
Administrative Code "SEPA Guidelines
Section 20. REPEALER. Ordinance No. 759 and Chapter 18.98 of the
Tukwila Municipal Code are hereby repealed.
Section 21. EFFECTIVE DATE. This ordinance shall be in force and take
effect five days from and after its passage by the Tukwila City Council and publica-
tion as required by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, and
approved by the Mayor at a regular meeting thereof this fL day of
1976.
Approved as to Form:
(444tCity Attorney
ATTEST:
L l L ,4411
RA Iis n the Reco Chronicle Y/ v-2/7‘
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Mayor
City Clerk Pro `1""e n-\
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AREAS DESIGNATED ON THE MAP CONSTITUTE EITHER MAJOR WOODED AREAS, LAKE R AND
PONDS){ AREAS A O STEEP SLOPES, OR AREAS
OF UNSTABLE GEOLOGIC CONDITIONS; OR,
A COMBINATION OF THESE FACTORS. ALSO
DESIGNATED ARE THE SHORELANDS OF THE
GREEN SHORELINE RIVER REGULATED BY THE
MASTER PROGRAM.
Source: "Data Inventory: Tukwila
Planning Area."
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