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Ordinance 2461WSS:jt 09/13/84 ORDINANCE NO. _101 AN ORDINANCE OF THE CITY OF EDMONDS, WASHING - TON; RELATING TO ENVIRONMENTAL GOALS AND POLICIES; ADOPTING RULES FOR THE IMPLEMENTA- TION OF THE STATE ENVIRONMENTAL POLICY ACT (SEPA) BY REPEALING CHAPTER 20.15 AND ENACT- ING A NEW CHAPTER 20.15A RELATING TO ENVIRON- MENTAL REVIEW AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. 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 analyzed 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 a- dopted 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, the City has provided public notice and opportunity for public comment as part of the process for adopting its SEPA procedures and formally designating its SEPA policies, and WHEREAS, the City Council finds that a flexible threshold of 500 cubic yards of fill should be established for categorical exemptions in order that this threshold remain consistent with past experience which has proven this standard workable and consistent with reasonable and long established land use policies of the City, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 20.15 of the Edmonds Community Development Code is hereby repealed and a new Chapter 20.15A is enacted in its place to read as follows: Chapter 20.15A- ENVIRONMENTAL REVIEW (SEPA) 20.15A.010- Authority. The City of Edmonds adopts this ordinance under the State Environmental Policy Act (SEPA), RCW 43.21C.120 and the SEPA rules WAC 197-11-904. The City's sub- stantive policies for the enforcement of SEPA are contained in Title 15 of the Edmonds Community Development Code; its procedures are contained in this chapter. The SEPA rules contained in Chapter 197-11 WAC must be used in conjunction with this chapter. 20.15A.020 Adoption by Reference. The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference: - 2 - 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 informa- tion 197-11-090 Supporting documents 197-11-100 Information required of applicants 20.15A.030 Additional Definitions. In addition to those definitions contained within WAC 197-11-700 through 799, when used in this chapter the following terms shall have the following meanings, unless the content indicates otherwise: 1. "Department" means any division, subdivision or organizational unit of the City established by ordinance, rule or order. 2. "SEPA Rules" means Chapter 197-11 WAC adopted by the Department of Ecology. 20.15A.040 Designation of Responsible Official. 1. For those proposals for which the City is a lead agency, the responsible official shall be the Community Services Director or such other person as the 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 rule that have been adopted by reference. 20.15A.050- Lead Agency Determination and Respon- sibilities. 1. The responsible official or the department receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050 and WAC 197-11-922 through - 3 - 197-11-940, unless the lead agency has been pre- viously determined or the department is aware that another department or agency is in the pro- cess of determining the lead agency. 2. When the City is not the lead agency for a propo- sal, 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 envi- ronmental 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 cri- teria 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 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 depart- ment. 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 agencies with jurisdiction. 20.15A.060 Categorical Exemptions and Threshold Determinations - Adoption by Reference. The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented in this chapter: - 4 - 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. 20.15A.070 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 project, availability of staff, cooperation of agencies with jurisdiction or expertise, etc. The time estimates contained herein shall not be construed to be mandatory. For the pur- pose of this section the word "day" shall mean a day upon which the City's administrative offices are open for business. 1. Categorical Exemptions. The City will normally identify whether an action is categorically exempt within ten (10) days of receiving a completed application. 2. Threshold Determinations. a. The City will normally complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within fifteen (15) days of the date an applicant's adequate application and completed checklist are submitted. b. When the responsible official requires further information from the applicant or consults with other agencies with jurisdiction: i. The City will normally request such further information within fifteen (15) - 5 - days of receiving an adequate applica- tion and completed environmental checklist. ii. The City will normally wait no longer than fifteen (15) days for a consulted agency to respond. iii. The responsible official will normally complete the threshold determination within fifteen (15) 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 deter- mination, the City will normally complete the studies within thirty (30) days of receiving an adequate application and a completed checklist. d. The City will normally complete threshold determinations on actions where the appli- cant recommends in writing that an EIS be prepared, because of the probable signifi- cant adverse environmental impacts described in the application, within fifteen (15) days of receiving an adequate application and completed checklist. e. The responsible official will normally respond to a .request for early notice within ten (10) days. The threshold determination will normally be made within fifteen (15) days of receipt of the changed or clarified proposal, environmental checklist and/or permit application. 20.15A.080 Categorical -Exemptions - Adoption by Reference. The City adopts the following rules for categorical exemption of Chapter 197-11, as now existing or hereinafter amended, by reference, as supplemented in this chapter: - 6 - 197-11-800 Categorical exemptions. 197-11-880 Emergencies. 197-11-890 Petitioning DOE to change exemptions. 20.15A.090 Categorical Exemptions — Flexible Thres- holds. 1. The City establishes the following exempt level for minor new construction based on local condi- tions in addition to those standards adopted by reference. a. For landfills and evacuations in WAC 197- 11-800(1)(b)(v) up to 500 cubic yards. 2. The responsible official shall send copies of all adopted flexible thresholds to the Department of Ecology, headquarters office, Olympia, Washington. 20.15A.100 Categorical Exemptions - Determination. 1. When the City receives an application for a license or, in the case of governmental proposals a department initiates a proposal, the responsi- ble official shall determine whether the license and/or the proposal is exempt. The determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter shall apply to the proposal. 2. In determining whether or not a proposal is exempt the responsible official shall make cer- tain the proposal is properly defined and shall identify the governmental license required. If a proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency even if the license application 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 require- ments of this chapter, except that: - 7 - 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 City may withhold approval of any permit, application or proposal, the basis of which is an exempt action that would lead to modification of the physical environment, when such modification would serve no pur- pose if the nonexempt actions were not approved, and c. The City may withhold approval of any permit, application or proposal, the basis of which is an exempt action 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. 20.15A.110 Determination - Review at Conceptual Stage. 1. If the City's only action on a proposal is a decision on a building permit or other licenses that requires detailed project plans and specifi- cations, the applicant 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 applicant shall submit the following information for early environmental review: a. A copy of any permit or license application; b. Other information as the responsible official may determine. 20.15A.120 Threshold Determinations — Environmental Checklist. 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 applicant agree an EIS is required, SEPA com- pliance has been completed, or SEPA compliance has been initiated by another agency. 3. For private proposals, the applicant is required to complete the environmental checklist. The City may provide assistance as necessary. For City proposals the department initiating the proposal shall complete the environmental checklist for that proposal. 4. The City may decide to complete all or part of the environmental checklist for a private propo- sal, if any 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 infor- mation on previous proposals or on proposals currently under consideration, or C. On the request of the applicant. 5. The applicant shall pay to the City the actual costs of providing information under subparagraphs 4(b) and (c) above. 20.15A 130 Threshold Determinations --Mitigated DNS 1. The responsible official may issue a determina- tion of nonsignificance (DNS) based on conditions attached to the proposal by the responsible offi- cial 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 and environmental proposal for which agency; and of a permit application checklist for a nonexempt the department is lead b. Precede the City's actual threshold determi- nation for the proposal. 3. The responsible official's response to the re- quest 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 indi- cated impacts, and may revise the environ- mental checklist and/or permit application as necessary to reflect the changes or clarifications. 4. When an applicant submits a changed or clarified proposal, along with a revised environmental checklist, the City shall base its threshold determination on the changed or clarified pro- posal. a. If the City indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the City shall issue and circulate a determination of non - significance 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 determina- tion, issuing a DNS or DS as appropriate. - 10 - C. The applicant's proposed mitigation measures, clarifications, changes or condi- tions 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 mitigation measures shall be grounds for suspension and/or revocation of any license issued. 7. If the City's tenative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated 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 3 of this section shall not be construed as a determi- nation of significance. In addition, preliminary discussion of clarification or changes to a pro- posal, as opposed to a written request for early notice, shall not bind the City to consider the clarifications or changes in its threshold deter- mination. 20.15A.140 Environmental Impact Statement (EIS) - option by Reference. The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented by this chapter: 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 considera- tions. 197-11-450 Cost -benefit analysis. 197-11-455 Issuance of DEIS. 197-11-460 Issuance of FEIS. 20.15A.150 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 official shall be satisfied that it complies with this chapter 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 responsible official requires an EIS for a proposal and determines that someone other than the City will prepare 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 procedure for EIS preparation, including approval of the draft and final EIS prior to distribution. 3. The City may require an applicant to provide additional information which the City does not possess, including information which must be obtained by specific investigations. This provision is not intended to expand or limit an - 12 - applicant's other obligations under WAC 197-11- 100, or other provisions of regulation, statute or ordinance. An applicant shall not be required to produce information under this provision which is not specifically required by this chapter nor is the applicant relieved of the duty to supply any other informaiton required by statute, regulation or ordinance. 20.15A.160- EIS - Commenting - Adoption by Reference. The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented in this chapter: 197-11-500 Purpose of this Part. 197-11-502 Inviting comment. 197-11-504 Availability and cost of environmental documents. 197-11-508 SEPA Register. 197-11-535 Public hearings and meetings. 197-11-545 Effect of no comment. 197-11-550 Specificity of comments. 197-11-560 FEIS response to comments. 197-11-570 Consulted agency costs to assist lead agency. 20.15A.170 Public Notice. Whenever the City issues a threshold determination, or EIS requiring public notice, the City shall give public notice of the determination or the availability of the environmental documents and whether any public hearing will be held as follows: 1. Threshold Determination Notice - Public notice will be given on the following situations: a. DNS involving another agency with jurisdiction b. DNS involving demolition of any structure or facility not exempted by 197-11-800(2)(f) or 197-11-880 c. DNS involving issuance of clearing or grading permits not exempted under WAC Part Nine - CAtegorical Exemptions d. DNS under WAC 197-11-350(2) Early Notice. e. DNS under WAC 197-11-350(3) Mitigated DNS - 13 - f. DNS under WAC 197-11-360(4) change from DS to DNS g. DS for scoping purposes h. Availability of a DEIS. 2. Type of Notice - Under subparagraph 1 above, notice will be given as follows: a. Posting in accordance with Section 1.03.010 of the Edmonds City Code. b. SEPA register C. Other methods as deemed necessary and appropriate by the Responsible Official or required by ordinance or statute. 3. Public Hearing - Whenever a public hearing is held notice shall be given. Such notice shall precede the hearing by at least ten (10) days. 4. Type of Notice - Under subparagraph 3 above notice will be given as follows: a. Posting on or near the property for site specific proposals. b. Mailing to property owners within 300 feet for site specific proposals. c. Posting in accordance with Section 1.03.010 of the Edmonds City Code. d. Other methods as deemed necessary and appropriate by the Responsible Official, provided that a public hearing on a non - project proposal must be preceded by written, published notice in accordance with WAC 197-11-502(6)(b) at least ten (10) days prior to the hearing. 20.15A.180 Designation of Official to Perform Consulted Agency Responsibilities. 1. The responsible official shall be responsible for preparation of written comments for the City in response to a consultation request prior to a threshold determination, 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 - 14 - authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the City. 20.15A.190 Using Existing Environmental Documents - Adoption -by Reference. The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference: 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. 20.15A.200 SEPA Decisions - Adoption by Reference. The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, 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. 20.15A.210 SEPA Decisions. For nonexempt proposals, the DNS or EIS for the propo- sal shall accompany the City staff's recommendation to any appropriate advisory body such as the Planning Commission. If a Final EIS is or becomes available, it shall be substitute for the draft. 20.15A.220 -SEPA Decisions - Substantive Authority. 1. The City may attach conditions to a permit or ap- proval for a proposal so long as: - 15 - a. Such conditions are necessary to mitigate specific adverse environmental impacts clearly identified in an environmental docu- ment prepared pursuant to this chapter; 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 proposal are sufficient to mitigate the identified impacts; and e. Such conditions are based on one or more policies in Section 25 and cited in the permit, approval, license or other decision document. 2. The City may deny a permit or approval for a pro- posal on the basis of SEPA so long as: a. A finding is made that approving the propo- sal would result in probable significant adverse environmental impacts that are iden- tified in a final EIS or final supplemental EIS; and b. A finding is made that there are no reasonable mitigation measures sufficient to mitigate the identified impact; and C. The denial is based on one (1) or more poli- cies identified in Section 23 and identified in writing in the decision document. 20.15A.230 SEPA --POLICIES. 1. The policies and goals set forth in this chapter 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 hereinafter amended, as a possible basis for the exercise of substantive - 16 - authority in the conditioning or denying of proposals. a. Chapter 43.21C RCW State Environmental Policy .Act. b. Six Year Transportation Improvement Program. C. Chapter 5.05 Animals, Edmonds City Code. d. Title 6 Health and Sanitation, Edmonds City Code. e. Title 10 Traffic, Edmonds City Code. f. Title 9 Streets and Sidewalks, Edmonds City Code. g. Title 15 Comprehensive Plan, Edmonds Community Development Code. h. Title 16 Zone Districts, Edmonds Community Development Code and Title 17 General Zoning Regulations. i. Title 18 Public Works Requirements, Edmonds Community Development Code. j. Title 19 Building Codes, Edmonds Community Development Code. k. Title 20 Review Criteria and Procedures, Edmonds Community Development Code. 1. Title 21 Definitions, Edmonds Community Development Code. M. The Comprehensive Plans of the City regarding Street, Sewer, Sidewalk, Parks, Water, and Trails and Bikeways, of Snohomish County, and of the Metropolitan Sewer District. 20.15A.240 Appeals. 1. Any interested person may appeal a threshold determination, 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 Planning Director within ten (10) calendar days of the date of the decision appealed from. 3. On receipt of a timely written notice of appeal, the Planning Director shall advise the Hearing Examiner of the pendency of the appeal and request that a date for considering the appeal be - 17 - established. The decision of the Hearing Examiner shall be advisory to the City Council. 4. The hearing before the City Council shall be de novo with an opportunity for any party to supplement the record made by the Hearing Examiner. The hearing before the Council shall be governed by the provisions of Chapter 20.100 interpreted in light of WAC 197-11 and RCW 43.21(c), PROVIDED, HOWEVER, that in the event of inconsistency or conflict between this chapter and Chapter 20.100, this chapter shall prevail. 5. 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. 6. For any appeal under this Section, the City shall provide for a record that shall consist of the following: a. Findings and conclusions; b. Testimony under oath; and C. A taped or written transcript. 7. The City may require the applicant to provide an electronic transcript. 8. 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. 20.15A.250 Notice/Statute-of Limitations. .1. The City, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action. 2. The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the City Clerk, applicant or proponent pursuant to RCW 43.21C.080. =It:= 20.15A.260 Definitions - Adoption by Reference. The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemented in this chapter: 197-11-700 Definitions. 197-11-702 Act. 197-11-704 Action. 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. - 19 - 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. 20.15A.270 Compliance with SEPA — Adoption by Reference. The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemented in this chapter: 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 pro- posals. 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 requiringlicenses 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. - 20 - 20.15A.280 Environmentally Sensitive Areas. 1. The Environmental Sensitive Areas Map as adopted by the Edmonds Policy Plan designates the loca- tion of environmentally sensitive areas within the City and are adopted by reference. For each environmentally sensitive area, no exemption within WAC 197-11-800 shall be applicable for that area. 2. The City shall treat proposals located wholly or partially within an environmentally sensitive area no differently than other proposals under this ordinance, making a threshold determination for all such proposals. The City shall not auto- matically require an EIS for a proposal merely because it is proposed for location 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. 20.15A.290 Fees. The City shall require fhe following fees for its activities in accordance with the provisions of this chapter: 1. Threshold determination. For every environmental checklist the City will review lead agency, the City shall collect a fee of Forty Dollars ($40.00) from the proponent of the proposal prior_ to undertaking the threshold determination. This fee shall not apply if the checklist is required only as a result of Section 20.15.040. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of fees. When the City assists the applicant or completes the environmental checklist at the applicant's request or under Section 11(5) of this chapter an additional fee equal to the estimated actual cost of providing the assistance shall be collected. - 21 - 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 official shall advise the applicant of the projected costs for the EIS prior to actual preparation. 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 consultants 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 applicant to cover the cost of meeting the public notice requirements of this ordinance relating to the applicant's proposal. 4. The City may charge any person for copies of any document prepared under this ordinance, and for mailing the document, in a manner provided by Chapter 42.17 RCW. - 22 - 20.15A.300 Forms - Adoption by Reference. The City adopts the following forms and sections of Chapter 197-11 WAC, as now existing or hereinafter amended, 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 2. The City Clerk shall maintain on file for public use and examination a copy of the Washington Administrative Code Sections referred to herein. Section 3. 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 section, sentence, clause or phrase of this ordinance or any other section adopted by reference. Section 4. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. - 23 - ATTEST/AUTHENTICATED: CITY CLERK, JACQUELINE G. YARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY I A)"%-ffCJ ""4j FILED WITH THE CIA CLERK: '5e�tewk (per 13, jaj�' q PASSED BY THE CITY COUNCIL: September 25, 1984 POSTED: September 26, 1984 EFFECTIVE DATE: October 1, 1984 ORDINANCE NO. 2461 — 24 —