Ordinance 2461WSS:jt
09/13/84
ORDINANCE NO. 2441
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
7 1
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Development Code is hereby repealed and a new Chapter 20.15A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:
197-11-040
197-11-050
197-11-055
197-11-060
197-11-070
197-11-080
197-11-090
197-11-100
Definitions
Lead agency
Timing of the SEPA process
Content of environmental review
Limitations on actions during SEPA
process
Incomplete or unavailable informa-
tion
Supporting documents
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:
197-11-300
197-11-305
197-11-310
197-11-315
197-11-330
197-11-335
197-11-340
197-11-350
197-11-360
197-11-390
20.15A.070
Purpose of this part.
Categorical exemptions.
Threshold determination required.
Environmental checklist.
Threshold determination process.
Additional information.
Determination of nonsignificance (DNS).
Mitigated DNS.
Determination of significance (DS)/ini-
tiation of scoping.
Effect of threshold determination.
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)
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 of a permit application
and environmental checklist for a nonexempt
proposal for which the department is lead
agency; and
Precede the City's actual threshold determi-
nation for the proposal.
b.
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.
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) -
Adoption 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
197-11-402
197-11-405
197-11-406
197-11-408
197-11-410
197-11-420
197-11-425
197-11-430
197-11-435
197-11-440
197-11-442
197-11-443
197-11-444
197-11-448
197-11-450
197-11-455
197-11-460
Purpose of EIS.
General requirements.
EIS types.
EIS timing.
Scoping.
Expanded scoping.
EIS preparation
Style and size.
Format.
Cover letter or memo.
EIS contents.
Contents of EIS on nonproject
proposals.
EIS contents when prior nonproject EIS.
Elements of the environment.
Relationship of EIS to other considera-
tions.
Cost -benefit analysis.
Issuance of DEIS.
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
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
197-11-502
197-11-504
197-11-508
197-11-535
197-11-545
197-11-550
197-11-560
197-11-570
Purpose of this Part.
Inviting comment.
Availability and cost of environmental
documents.
SEPA Register.
Public hearings and meetings.
Effect of no comment.
Specificity of comments.
FEIS response to comments.
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
f.
g.
h.
DNS under WAC 197-11-360(4) change from DS
to DNS
DS for scoping purposes
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
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
197-11-610
197-11-620
197-11-625
197-11-630
197-11-635
197-11-640
When to use existing environmental
documents.
Use of NEPA documents.
Supplemental environmental impact
statements.
Addenda --Procedures.
Adoption --Procedures.
Incorporation by reference --Procedures.
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
197-11-655
197-11-660
197-11-680
197-11-700
20.15A.210
Purpose of this Part.
Implementaion.
Substantive authority and mitigation.
Appeals.
Definitions.
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:
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
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.
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
197-11-702
197-11-704
197-11-706
197-11-708
197-11-710
197-11-712
197-11-714
197-11-716
197-11-718
197-11-720
197-11-722
197-11-724
197-11-726
197-11-728
197-11-730
197-11-732
197-11-734
197-11-736
197-11-738
197-11-740
197-11-742
197-11-744
197-11-746
197-11-748
197-11-750
197-11-752
197-11-754
197-11-756
197-11-758
197-11-760
197-11-762
197-11-764
197-11-766
197-11-768
197-11-770
197-11-772
197-11-774
197-11-776
197-11-778
197-11-780
197-11-782
Definitions.
Act.
Action.
Addendum.
Adoption.
Affected tribe.
Affecting.
Agency.
Applicant.
Built environment.
Categorical exemption.
Consolidated appeal.
Consulted agency.
Cost -benefit analysis
County/city.
Decision maker.
Department.
Determination of nonsignificance (DNS).
Determination of significance (DS).
EIS.
Environment.
Environmental checklist.
Environmental document.
Environmental review.
Environmentally sensitive area.
Expanded scoping.
Impacts.
Incorporation by reference.
Lands covered by water.
Lead agency.
License.
Local agency.
Major action.
Mitigated DNS.
Mitigation.
Natural environment.
NEPA.
Nonproject.
Phased review.
Preparation.
Private project.
Probable.
197-11-784
197-11-786
197-11-788
197-11-790
197-11-792
197-11-793
197-11-794
197-11-796
197-11-797
197-11-799
Proposal.
Reasonable alternative.
Responsible official.
SEPA.
Scope.
Scoping.
Significant.
State agency.
Threshold determination.
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.
20.15A.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.
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.
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
197-11-965
197-11-970
197-11-980
197-11-985
197-11-990
Environmental checklist.
Adoption notice.
Determination of nonsignificance (DNS).
Determination of significance and
scoping notice (DS).
Notice of assumption of lead agency
status.
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.
ATTEST/AUTHENTICATED:
t/K ZA-
CITY CLERK, JACQUELINE G. ARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
A) C-rc
FILED WITH THE CIT1 CLERK: 5reiDtem (per 1.311q
PASSED BY THE CITY COUNCIL: September 25, 1984
POSTED: September 26, 1984
EFFECTIVE DATE: October 1, 1984
ORDINANCE NO. 2461