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Ordinance 1855ORDINANCE NO. 1855 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CREATING A NEW CHAPTER 1.15 IN THE EDMONDS CITY CODE; ADOPTING PORTIONS OF THE SEPA GUIDELINES CONTAINED IN THE WASHINGTON ADMINISTRATIVE CODE, CHAPTER 197-10; ESTABLISHING PROCEDURES FOR IMPLEMENTING THE SEPA REQUIREMENTS; DESIGNATING CERTAIN ENVIRONMENTALLY SENSITIVE AREAS WITHIN EDMONDS; ESTABLISHING FEES; AND ESTABLISHING AN INFORMATION CENTER. WHEREAS, the State Legislature in RCW 43.12C.120 has required the city to adopt an ordinance which will implement the State Environmental Policy Act, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. There is hereby created a new chapter in the Edmonds City Code, Chapter 1.15, entitled "Environmental and Economic Policy." Section 2. 1.15.010. Adoption by Reference. The following sections in WAC 197-10 are hereby adopted by reference. WAC 197-10-040; -060; -160; -170; -180; -200; -203; -205; -210; -215; -220; -230; -240; -245; -260; -270; -300; -305; -310; -320 -330; -340; -345; -350; -355; -360; -365; -370; -375; -390; -400; -410; -425; -440; -442; -444; -450; -455; -460; -465; -470; -480; -485; -490; -495; -500; -530; -535; -540; -545; -550; -570; -580; -600; -650; -652; -660; -690; -695; -700; -710; -830; -835; -840. Section 3. 1.15.020. 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- 1. Department means any division, subdivision or organizational unit of the City established by ordinance, resolution or order. 2. SEPA Guidelines means Chapter 197-10 RCW adopted by the Council on Environmental Policy. 3. City Planner means the Edmonds City Planner who shall be the "responsible official" for the purposes of this chapter and the SEPA guidelines. "City Planner" shall include the City Planner's designee. Section 4. 1.15.030. Time Periods Applicable to SEPA Process. The following time frames (expressed as working 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 categor- ically exempt actions shall be determined,insofar as possible, within ten (10) days of submission of an adequate application. 2. Threshold determinationc a. Threshold determinations shall, insofar as possible, be made within fifteen (15) days. b. Should the City Planner withdraw an affirmative or negative threshold determination pursuant to WAC 197--10-370 or 197-10-375, the new threshold determination should normally be made within fifteen (15) days after such withdrawal. Section 5. 1.15.040. Environmentally Sensitive Areas, That map filed in the City Clerk's office and entitled "City of Edmonds Environmentally Sensitive Area," prepared -2- in February, 1975 by the Edmonds Planning Department is hereby adopted by this reference to designate the location of environmentally sensitive areas within the city. The exemp- tions listed in WAC 197-10-177(2) shall not apply within each designated environmentally sensitive area. Section 6. 1.15.050. Use of Exemptions. 1. The applicability of any exemption contained in the SEPA guidelines to any action shall be determined by the City Planner. A determination that a proposal is exempt shall be final and not subject to administrative review. 2. The City Planner shall ascertain from the applicant the total scope of the proposal and the city licenses and permits required. a. 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 proposal shall not be exempt. b. If the proposal includes a series of exempt actions which are physically or functionally related to each other which together may have a significant environmental impact, the proposal shall not be exempt. 3. If it is determined that a proposal is exempt, none of the procedural requirements of these guidelines apply to the proposal. No environmental checklist shall be required for an exempt proposal. -3- 4. 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 require- ments of these guidelines subject to the following limitations 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. The City Planner may withhold approval of an exempt action which would lead to modification of the physical environment, when such modifications would serve no beneficial purpose if later approval of a major action is not secured; and d. The City Planner may withhold approval of exempt actions which would lead to substantial financial expenditures by a private applicant which would serve no beneficial purpose if later approval of a major action is not secured. Section 7. 1.15.060. Lead Agency Determination and Responsibilities. 1. If a city department receives or initiates a proposal, any portion of which involves a major action, the City Planner shall determine the lead agency for that proposal pursuant to the criteria set forth in WAC 197-10-205 through 10-270, using the procedures of WAC 197-10-203, including the use of the checklist as provided in WAC 197-10-365. This determination shall be made for each proposal involving a major action unless the lead agency has been previously determined, or the City Planner is aware that another governmental unit is in the process of determining lead agency status. 2. When the city is the lead agency, the City Planner shall supervise compliance with the threshold determination, and if an EIS is necessary, shall monitor the preparation of the draft and final EIS. 3. If the City is not the lead agency, but is still an agency with jurisdiction, all city departments acting on the proposal shall consider and utilize the lead agency's threshold determination and final EIS, subject to the limitations of WAC 197-10-390, 10-660 and 10-690. In such instances, no city department shall prepare or require preparation of a declaration of nonsignificance or an EIS in addition to that prepared by the lead agency. 4. If another agency's determination that the city is the lead agency does not appear to be in accord with the criteria of WAC 197-10-205 through 10-245, the city 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 the Department of Ecology 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 shall be initiated by the City Planner. I&V 5. The City Planner is authorized to make agreements as to lead agency status pursuant to WAC 197-10-240 and WAC 197-10-245. 6. In making a lead agency determination for a private project the City Planner shall require sufficient information from the applicant to ascertain which other agencies, if any, have jurisdiction over the proposal. Section 8. 1.15.070. Environmental Checklist. 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 for a permit, license, certificate, or other entitlement for use not specifically exempted by the SEPA Guidelines. If the City is the lead agency, the City Planner shall use the checklist for making the threshold determination pursuant to the criteria and procedures of WAC 197-10-300 through 10-365. Section 9. 1.15.080. Preparation of EIS. 1. The draft and final EIS shall be prepared either by the City Planner, by the applicant or by a consultant retained by the applicant. In the event the City Planner determines that the applicant will be required to prepare an EIS, the applicant shall be so notified as soon as possible following completion of the threshold determination. 2. In the event that an EIS is to be prepared by an applicant or a consultant retained by the applicant, the City Planner shall assure that the EIS is prepared in a responsible manner and with appropriate methodology. The City Planner shall direct the areas of research and examina- tion to be undertaken, as well as the organization of the resulting document. 3. In the event that the City Planner prepares an EIS, the City Planner may require the 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 City Planner prior to distribution. Section 10. 1.15.090. Additional Elements to be Covered in An RTC In addition to those elements listed in WAC 197-10-444, economic values shall also be considered an element of the environment for the purposes of EIS content. This section shall not be deemed to add to the criteria for threshold determinations or perform any other function or purpose. Section 11. 1.15.100. Designation of Officals to Perform Consultated Agency Responsibilities for the City. The City Planner shall be responsible for coordination of City Departments to assure compliance with WAC 197-10-500 through 10-540 wherever the City is a consulted agency. The City Planner is hereby authorized to develop operating procedures which will insure that responses to consultation -7- requests are prepared in a timely fashion and include data from all appropriate City Departments. Section 12. 1.15.110. SEPA Public Information Center. 1. The City Library at the Civic Center in Edmonds, Washington, shall constitute the City's SEPA public informa- tion center. 2. All reasonable means will be used to make the existence and location 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 13. 1.15.120. Fees. The following fees shall be required for actions by the City in accordance with the provisions of this ordinance. 1. Threshold determinations. For every threshold determination to be made by the city when the city is lead agency the proponent of the proposal shall pay a fee of fifty and no/100 dollars ($50.00). This fee shall be collected prior to undertaking the threshold determination, and the time periods provided by this ordinance for making a threshold determination shall not begin to run until payment of the fee. 2. Environmental Impact Statements. The applicant.shall pay a reasonable fee to cover costs incurred by the city when the EIS is prepared by City employees. The applicant shall make an initial deposit of $500.00 to cover costs or shall post other suitable security approved by the City Attorney. Thereafter, additional deposits or security may be required to be deposited or posted to cover additional costs as incurred. The Citv shall refund to the applicant any monies which were col- lected under this section for costs that were not incurred. For the purposes of this chapter, costs include not only those monies actually expended by the city in connection with the preparation of an EIS but also such items as over- head and employee salaries which the city incurs as the result of having to prepare or supervise preparation of an EIS. Section 14. 1.15.130. Notice/Statute of Limitations. 1. The city, an applicant for, or a proponent of an action may publish notice of the action or proposed action pursuant to RCW 43.21C.080. 2. The form of the notice shall be as prescribed by the Department of Ecology and/or substantially in the form set forth in RCW 43.21C.080. Provided, however, nothing in this section shall be deemed to modify or repeal any other provision in the Edmonds City Code relating to time limits within which. -9- appeals must be perfected, or the procedures relating thereto. Section 15. 1.15.140. Release Required. Before the City shall take any action in response to an application for any City permit, license or certificate, the City Planner shall cause the applicant therefore to execute a release of liability in a form approved by the City Attorney. The release shall state that the applicant and his successors in interest shall release the City from all liability for any damages occasioned by any action or inaction of the City, if said action or inaction was based in whole or in part upon false, misleading, or incomplete information furnished to the City by the applicant or his agents. Should the applicant fail or refuse to execute such release, the City shall take no action with respect to the application. Section 16. 1.15.150. Severability. If any section, subsection, clause, phrase or word of this chapter or any provision adopted by reference herein is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or un- constitutionality shall not affect the validity or con- stitutionality of the remaining portions of this ordinance. APPROVED: W-W OR, H. H. HARRISON ATTEST: M CITY _ •�. FILED WITH THE CITY CLERK: July 2, 1976 PASSED BY THE CITY COUNCIL: July 6, 1976 PUBLISHED: July 14, 1976 -10-