Ordinance 38180006.90000
WSS /gjz
9/10/10
ORDINANCE NO. 3818
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE BY
REPEALING AND REENACTING CHAPTER 20.15A
RELATING TO ENVIRONMENTAL REVIEW (SEPA),
AMENDING CHAPTER 20.03 PUBLIC NOTICE
REQUIREMENTS, TO ADD A NEW SECTION RELATING TO
SEPA NOTICING REQUIREMENTS, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City's environmental review processes were established shortly
after the adoption of the State Environmental Protection Act; and
WHEREAS, over the years, changes have been made both in the Act and in the
regulations which implement its provisions; and
WHEREAS, following receipt of the recommendation of the City's Planning
Board, and having considered the comments of the public as put forward at public hearings
before both the Planning Board and the City Council, the City Council deems it to be in the
public interest to amend the provisions of Chapter 20.15A to incorporate changes in state law
and regulation and to amend the provisions of ECDC 20.03 relating to noticing requirements,
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code is hereby amended by
the repeal and reenactment of Chapter 20.15A to read as follows:
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Chapter 20.15A
ENVIRONMENTAL REVIEW (SEPA)
Sections:
20.15A.010
Authority.
20.15A.020
General SEPA Requirements - Adoption by
reference.
20.15A.025
Reliance on existing laws, plans and regulations
20.15A.030
Additional definitions.
20.15A.040
Designation of responsible official.
20.15A.050
Lead agency determination and responsibilities.
20.15A.060
Rules for deciding probable significant, adverse
environmental impacts— Adoption by reference.
20.15A.080
Categorical exemptions — Adoption by reference.
20.15A.090
Categorical exemptions — Flexible thresholds.
20.15A.100
Categorical exemptions — Use of exemptions.
20.15A.110
Determination — Review at conceptual stage.
20.15A.120
Environmental checklist.
20.15A.130
Threshold determinations — Mitigated DNS.
20.15A.140
Environmental impact statement (EIS) —
Adoption by reference.
20.15A.150
Preparation of EIS — Additional considerations.
20.15A.160
Commenting — Adoption by reference.
20.15A.170
Public notice.
20.15A.180
Designation of official to perform consulted
agency responsibilities.
20.15A.190
Using existing environmental documents —
Adoption by reference.
20.15A.195
Planned Actions
20.15A.200
SEPA decisions — Adoption by reference.
20.15A.210
SEPA decisions — Nonexempt proposals.
20.15A.220
SEPA decisions — Substantive authority.
20.15A.230
SEPA — Policies.
20.15A.240
Appeals.
20.15A.250
Notice /statute of limitations.
20.15A.260
Definitions — Adoption by reference.
20.15A.270
Compliance with SEPA — Adoption by reference.
20.15A.280
Repealed.
20.15A.290
Fees.
20.15A.300
Forms — Adoption by reference.
20.15A.310
Severability.
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20.15A.010 Authority.
The city of Edmonds adopts the ordinance codified in this chapter
under the State Environmental Policy Act (SEPA), RCW
43.21C.120 and the SEPA rules WAC 197 -11 -904. The city's
substantive policies and procedures for SEPA 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 General SEPA Requirements - Adoption by
reference.
This part contains the basic requirements that apply to the SEPA
process. The city adopts the following sections of Chapter 197 -11
WAC, as now existing or hereinafter amended, by reference:
197 -11 -040
Definitions.
197 -11 -050
Lead agency.
197 -11 -055
Timing of the SEPA process.
197 -11 -060
Content of environmental review.
197 -11 -070
Limitations on actions during SEPA process.
197 -11 -080
Incomplete or unavailable information.
197 -11 -090
Supporting documents.
197 -11 -100
Information required of applicants.
197 -11 -210
SEPA/GMA integration.
197 -11 -220
SEPA/GMA definitions.
197 -11 -228
Overall SEPA/GMA integration procedures.
197 -11 -230
Timing of an integrated GMA/SEPA process.
197 -11 -232
SEPA/GMA integration procedures for preliminary
planning, environmental analysis, and expanded
scoping.
197 -11 -235
Documents.
197 -11 -250
SEPA /Model Toxics Control Act integration.
197 -11 -253
SEPA lead agency for MTCA actions.
197 -11 -256
Preliminary evaluation.
197 -11 -259
Determination of nonsignificance for MTCA
remedial actions.
197 -11 -262
Determination of significance and EIS for MTCA
remedial actions.
197 -11 -265
Early scoping for MTCA remedial actions.
197 -11 -268
MTCA interim actions.
20.15A.025 Reliance on existing plans, laws and regulations
In reviewing the environmental impacts of a project and making a
threshold determination, the City may determine that the
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requirements for environmental analysis, protection, and mitigation
measures in the City's development regulations and
comprehensive plan adopted under chapter 36.70A RCW, and in
other applicable local, state, or federal laws or rules, provide
adequate analysis of and mitigation for some or all of the specific
adverse environmental impacts of the project consistent with the
initial SEPA analysis identified in ECDC 20.04.002.
20.15A.030 Additional definitions.
In addition to those definitions contained within WAC 197 -11 -700
through 197 -11 -799 and 197 -11 -220, when used in this chapter the
following terms shall have the following meanings, unless the
content indicates otherwise:
A. "Department" means any division, subdivision or
organizational unit of the city established by ordinance, rule or
order.
B. "SEPA Rules" means Chapter 197 -11 WAC adopted by the
Department of Ecology.
C. "Ordinance" means the ordinance, resolution, or other
procedure used by the city to adopt regulatory requirements.
D. "Early notice" means the city's response to an applicant
stating whether it considers issuance of a determination of
significance likely for the applicant's proposal (mitigated
determination of nonsignificance (DNS) procedures).
20.15A.040 Designation of responsible official.
A. For those proposals for which the city is a lead agency, the
responsible official shall be the planning manager or his/her
designee.
B. 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.
C. The city shall retain all documents required by the SEPA
rules (Chapter 197 -11 WAC) and make them available in
accordance with chapter 42.17 RCW.
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20.15A.050 Lead agency determination and responsibilities.
A. 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, WAC 197 -11 -253, and WAC 197 -11 -922
through 197 -11 -940, unless the lead agency has been previously
determined or the department is aware that another department or
agency is in the process of determining the lead agency.
B. When the city is the lead agency for a proposal, the
responsible official shall supervise compliance with the threshold
determination requirements, and if an EIS is necessary, shall
supervise preparation of the EIS.
C. When the city is not the lead agency for a proposal, all
departments of the city shall use and consider as appropriate either
the DNS or the final EIS of the lead agency in making decisions on
the proposal. No city department shall prepare or require
preparation of a DNS or EIS in addition to that prepared by the
lead agency unless the city determines a supplemental
environmental review is necessary under WAC 197 -11 -600.
D. If the city, or any of its departments, receives a lead agency
determination made by another agency that appears inconsistent
with the criteria of WAC 197 -11 -253 or 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 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 15 -day time
period. Any such petition on behalf of the city may be initiated by
the responsible official.
E. The responsible official is authorized to make agreements
as to lead agency status or shared lead agency duties for a proposal
under WAC 197 -11 -942 and 197- 11- 944:provided, that the
responsible official and any department that will incur
responsibilities as the result of such agreement approve that
agreement.
F. The responsible official shall require sufficient information
from the applicant to identify which other agencies have
jurisdiction over the proposal.
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G. When the city is lead agency for a MTCA remedial action,
the Department of Ecology shall be provided an opportunity under
WAC 197 -11- 253(5) to review the environmental documents prior
to public notice being provided. If the SEPA and MTCA
documents are issued together with one public comment period
under WAC 197 -11- 253(6), the city shall decide jointly with
Ecology who receives the comment letters and how copies of the
comments letters will be distributed to the other agency.
20.15A.060 Rules for deciding probable significant, adverse
environmental impact — Adoption by reference.
This part contains the rules for deciding whether a proposal has a
"probable significant, adverse environmental impact" requiring an
environmental impact statement (EIS) to be prepared. This part
also contains rules for evaluating impacts of proposals not
requiring an EIS. 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
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 -355
Optional. DNS process.
197 -11 -360
Determination of significance (DS) /initiation of
scoping.
197 -11 -390
Effect of threshold determination.
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:
197 -11 -800 Categorical exemptions.
197 -11 -880 Emergencies.
197 -11 -890 Petitioning DOE to change exemptions.
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20.15A.090 Categorical exemptions — Flexible thresholds.
A. The proposed actions contained in this section are
categorically exempt from threshold determination and EIS
requirements, subject to the rules and limitations on categorical
exemptions contained in ECDC 20.15A.100. The exemptions in
this section apply to all licenses required to undertake the
construction in question, except when undertaken wholly or partly
on lands covered by water. To be exempt under this section, the
project must be equal to or smaller than the exempt level.
B. The city establishes the following exempt level for minor
new construction based on local conditions in addition to those
standards adopted by reference.
C. For landfills and excavations in WAC 197- 11- 800(1)(b)(v)
up to 500 cubic yards.
D. 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 — Use of exemptions.
A. When the city receives an application for a license or, in the
case of governmental proposals a department initiates a proposal,
the responsible 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. The city shall not require
completion of an environmental checklist for an exempt proposal.
B. In determining whether or not a proposal is exempt the
responsible official shall make certain 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.
C. If a proposal includes both exempt and nonexempt actions,
the city may authorize exempt actions prior to compliance with the
procedural requirements of this chapter, except that:
1. The city shall not give authorization for:
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a. Any nonexempt action;
b. Any action that would have an adverse environmental
impact; or
C. Any action that would limit the choice of reasonable
alternatives.
2. 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 purpose if the nonexempt actions
were not approved.
3. 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.
A. 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 specifications, the applicant may request in writing that
the city conduct environmental review prior to submission of the
detailed plans and specifications.
B. In addition to the environmental documents an applicant
shall submit the following information for early environmental
review:
1. A copy of any permit or license application;
2. Other information as the responsible official may
determine.
20.15A.120 Environmental checklist.
A. Except as provided in subsection (E) of this section, a
completed environmental checklist, in the form provided in WAC
197 -11 -960, shall be filed at the same time as an application for a
permit, license, certificate or other approval not specifically
exempted by this chapter; except, a checklist is not needed if the
city and applicant agree an EIS is required, SEPA compliance has
been completed, or SEPA compliance has been initiated by another
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agency. The city shall use the environmental checklist to
determine the lead agency, and if the city is the lead agency, for
making the threshold determination. .
B. 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.
C. The city may decide to complete all or part of the
environmental checklist for a private proposal, if any of the
following occurs:
1. The city has technical information on a question or
questions that is unavailable to the private applicant; or
2. The applicant has provided inaccurate information on
previous proposals or on proposals currently under consideration;
or
3. On the request of the applicant.
D. The applicant shall pay to the city the actual costs of
providing information under paragraphs C(2) and C(3) of this
section.
E. For projects submitted as planned actions under ECDC
20.04.003.13, the city shall use its existing environmental checklist
form or may modify the environmental checklist form as provided
in WAC 197 -11 -315. The modified environmental checklist form
may be prepared and adopted along with or as part of a planned
action ordinance; or developed after the ordinance is adopted. In
either case, a proposed modified environmental checklist form
must be sent to the Department of Ecology to allow at least a
thirty -day review.
20.15A.130 Threshold determinations — Mitigated DNS.
A. The responsible official may issue a determination of
nonsignificance (DNS) based on conditions attached to the
proposal by the responsible official or on changes to, or
clarifications of, the proposal made by the applicant.
B. An applicant may request in writing early notice of whether
a DS is likely. The request must:
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1. Follow submission of a permit application and
environmental checklist for a nonexempt proposal for which the
department is lead agency; and
2. Precede the city's actual threshold determination for the
proposal.
C. The responsible official's response to the request for early
notice shall:
1. Be written;
2. 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
3. State that the applicant may change or clarify the proposal
to mitigate the indicated impacts, and may revise the
environmental checklist and/or permit application as necessary to
reflect the changes or clarifications.
D. As much as possible, the city should assist the applicant
with identification of impacts to the extent necessary to formulate
mitigation measures.
E. 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 proposal:
1. 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
nonsignificance if the city determines that no additional
information or mitigation measures are required.
2. If the city indicated areas of concern, but did not indicate
specific mitigation measures that would allow it to issue a DNS,
the city shall make the threshold determination, issue a DNS or DS
as appropriate.
3. The applicant's proposed mitigation measures,
clarifications, changes or conditions must be in writing and must
be specific. For example, proposals to "control noise" or "prevent
stormwater runoff' are inadequate, whereas proposals to "muffle
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machinery to X decibel" or "construct 200 -foot stormwater
retention pond at Y location" are adequate.
4. 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.
F. A mitigated DNS is issued under either WAC 197 -11-
340(2), requiring a fourteen -day comment period and public
notice, or WAC 197 -11 -355, which may require no additional
comment period beyond the comment period on the notice of
application..
G. Mitigation measures incorporated in the mitigated DNS
shall be deemed conditions of approval of the licensing or permit
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 or permit issued.
H. If the city's tentative 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.
I. The city's written response under subsection C of this
section shall not be construed as a determination of significance. In
addition, preliminary discussion of clarification or changes to a
proposal, as opposed to a written request for early notice, shall not
bind the city to consider the clarifications or changes in its
threshold determination.
20.15A.140 Environmental impact statement (EIS) —
Adoption by reference.
This section contains the rules for preparing environmental impact
statements. 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.
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197 -11 -408
Scoping.
197 -11 -410
Expanded scoping.
197 -11 -420
EIS preparation.
197 -11 -425
Style and size.
197 -11 -430
Format.
197 -11 -435
Cover letter or memo.
197 -11 -440
EIS contents.
197 -11 -442
Contents of EIS on nonproject proposals.
197 -11 -443
EIS contents when prior nonproject EIS.
197 -11 -444
Elements of the environment.
197 -11 -448
Relationship of EIS to other considerations.
197 -11 -450
Cost- benefit analysis.
197 -11 -455
Issuance of DEIS.
197 -11 -460
Issuance of FEIS.
20.15A.150 Preparation of EIS — Additional considerations..
A. 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.
B. 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.
C. 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 information required by statute, regulation or ordinance.
20.15A.160 Commenting — Adoption by reference.
This part contains rules for consulting, commenting, and
responding on all environmental documents under SEPA,
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including rules for public notice and hearings. 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 -510
Public notice.
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.
Public notice for SEPA reviews shall be carried out as described in
ECDC 20.03.004.
20.15A.180 Designation of official to perform consulted
agency responsibilities.
A. 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.
B. 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.
This part contains rules for using and supplementing existing
environmental documents prepared under SEPA or National
Environmental Policy Act (NEPA) for the City's own
environmental compliance. The city adopts the following sections
of Chapter 197 -11 WAC, as now existing or hereinafter amended,
by reference:
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197 -11 -168
Ordinances or resolutions designating planned
actions — Procedures for adoption.
197 -11 -172
Planned actions — Project review.
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.195 Planned Actions
Definition and criteria for planned actions within the City are
included in ECDC 20.04.003.13.
20.15A.200 SEPA decisions — Adoption by reference.
This part contains rules and policies for SEPA's substantive
authority, such as decisions to mitigate or reject proposals as a
result of SEPA. This part also contains procedures for appealing
SEPA determinations to agencies or the courts. 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 Implementation.
197 -11 -660 Substantive authority and mitigation.
197 -11 -680 Appeals.
197 -11 -700 Definitions.
20.15A.210 SEPA decisions — Nonexempt proposals.
For nonexempt proposals, the DNS or draft EIS for the proposal
shall accompany the city staff's recommendation to any
appropriate advisory body such as the planning board. If a final
EIS is or becomes available, it shall be substituted for the draft.
20.15A.220 SEPA decisions — Substantive authority.
A. The city may attach conditions to a permit or approval for a
proposal so long as:
1. Such conditions are necessary to mitigate specific probable
adverse environmental impacts clearly identified in an
environmental documents prepared pursuant to this chapter; and
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2. Such conditions are in writing; and
3. The mitigation measures included in such conditions are
reasonable and capable of being accomplished; and
4. The city has considered whether other local, state or federal
mitigation measures applied to the proposal are sufficient to
mitigate the identified impacts; and
5. Such conditions are based on one or more policies in
subsection C of this section or ECDC 20.15A.230 and cited in the
permit, approval, license or other decision document.
B. The city may deny a permit or approval for a proposal on
the basis of SEPA so long as:
1. A finding is made that approving the proposal would result
in probable significant adverse environmental impacts that are
identified in a final EIS or final supplemental EIS prepared
pursuant to this chapter; and
2. A finding is made that there are no reasonable mitigation
measures sufficient to mitigate the identified impact; and
3. The denial is based on one or more policies identified in
subsection C of this section or in ECDC 20.15A.230 and identified
in writing in the decision document.
C. The City designates and adopts by reference the following
policies as the basis for the City's exercise of authority pursuant to
this section:
1. The City shall use all practicable means, consistent with
other essential considerations of state policy, to improve and
coordinate plans, functions, programs, and resources to the end that
the state and its citizens may:
a. Fulfill the responsibilities of each generation as trustee of
the environment for succeeding generations;
b. Assure for all people of Washington safe, healthful,
productive, and aesthetically and culturally pleasing surroundings;
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C. Attain the widest range of beneficial uses of the
environment without degradation, risk to health or safety, or other
undesirable and unintended consequences;
d. Preserve important historic, cultural, and natural aspects of
our national heritage;
e. Maintain, wherever possible, an environment which
supports diversity and variety of individual choice;
f. Achieve a balance between population and resource use
which will permit high standards of living and wide sharing of
life's amenities; and
g. Enhance the quality of renewable resources and approach
the maximum attainable recycling of depletable resources.
2. The City recognizes that each person has a fundamental
and inalienable right to a healthful environment and that each
person has a responsibility to contribute to the preservation and
enhancement of the environment.
20.15A.230 SEPA — Policies.
A. The policies and goals set forth in this chapter are
supplementary to those in the existing authorization of the city.
B. 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.
Chapter 43.21 C RCW, State Environmental Policy Act;
Six -Year Transportation Improvement Program;
Chapter 5.05 ECC, Animal Control;
ECC Title 6, Health and Sanitation;
ECC Title 8, Traffic;
ECC Title 9, Streets and Sidewalks;
ECDC Title 15, Land Use Plans and Policies;
ECDC Title 16, Zone Districts, and Title 17, General Zoning
Regulations;
ECDC Title 18, Public Works Requirements;
ECDC Title 19, Building Codes;
ECDC Title 20, Review Criteria and Procedures;
ECDC Title 21, Definitions;
ECDC Title 22, Design Standards
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ECDC Title 23, Natural Resources
City of Edmonds Comprehensive Plan and adopted elements.
20.15A.240 Appeals.
A. 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.
B. All appeals filed pursuant to this section must be filed in
writing with the director of community services within 14 calendar
days of the date of the decision; provided that when a 14 day DNS
comment period is required pursuant to this chapter, appeals may
be filed no later than the 21 calendars from the date of decision.
C. On receipt of a timely written notice of appeal, the director
of community services shall advise the hearing examiner of the
pendency of the appeal and request that a date for considering the
appeal be established. The decision of the hearing examiner shall
be final and shall not be appealable to the city council.
D. Appeals shall be governed by the procedures specified in
Chapter 20.06 ECDC.
E. All relevant evidence shall be received during the hearing
of the appeal. The procedural determination by the city's
responsible official shall carry substantial weight in any appeal
proceeding.
F. For any appeal under this section, the city shall provide for
a record that shall consist of the following:
1. Findings and conclusions;
2. Testimony under oath; and
3. A taped or written transcript.
G. The city may require the applicant to provide an electronic
transcript.
H. The city shall give official notice under WAC 197 -11-
680(5) whenever it issues a permit or approval for which a statute
or ordinance establishes a time limit for commencing judicial
appeal.
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20.15A.250 Notice /statute of limitations.
A. The city, applicant for, or proponent of an action may
publish a notice of action pursuant to RCW 43.21C.080 for any
action.
B. 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.
This part contains uniform usage and definitions of terms under
SEPA. 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 -721
Closed record appeal.
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 -750
Expanded scoping.
197 -11 -752
Impacts.
197 -11 -754
Incorporation by reference.
{WSS819985.DOC;1 \00006.900000\ } - 18-
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
Nonproj ect.
197 -11 -775
Open record hearing.
197 -11 -776
Phased review.
197 -11 -778
Preparation.
197 -11 -780
Private project.
197 -11 -782
Probable.
197 -11 -784
Proposal.
197 -11 -786
Reasonable alternative.
197 -11 -788
Responsible official.
197 -11 -790
SEPA.
197 -11 -792
Scope.
197 -11 -793
Scoping.
197 -11 -794
Significant.
197 -11 -796
State agency.
197 -11 -797
Threshold determination.
197 -11 -799
Underlying governmental action.
20.15A.270 Compliance with SEPA — Adoption by reference.
This part contains rules for agency compliance with SEPA,
including rules for charging fees under the SEPA process,
designating categorical exemptions that do not apply within critical
areas, listing agencies with environmental expertise, selecting lead
agency, and applying these rules to current agency activities. 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
197 -11 -902
197 -11 -916
197 -11 -920
197 -11 -922
197 -11 -924
197 -11 -926
197 -11 -928
Purpose of this part.
Agency SEPA policies.
Application to ongoing actions.
Agencies with environmental expertise.
Lead agency rules.
Determining the lead agency.
Lead agency for governmental proposals.
Lead agency for public and private proposals.
{WSS819985.DOC;1 \00006.900000\ 1 -19-
197 -11 -930
Lead agency for private projects with one agency
with jurisdiction.
197 -11 -932
Lead agency for private projects requiring licenses
from more than one agency, when one of the
agencies is a county /city.
197 -11 -934
Lead agency for private projects requiring licenses
from a local agency, not a county /city, and one or
more state agencies.
197 -11 -936
Lead agency for private projects requiring licenses
from more than one state agency.
197 -11 -938
Lead agencies for specific proposals.
197 -11 -940
Transfer of lead agency status to a state agency.
197 -11 -942
Agreements on lead agency status.
197 -11 -944
Agreements on division of lead agency duties.
197 -11 -946
DOE resolution of lead agency disputes.
197 -11 -948
Assumption of lead agency status.
20.15A.280 Environmentally sensitive areas.
Repealed by Ord. 3345.
20.15A.290 Fees.
A. The city shall require the following fees for its activities in
accordance with the provisions of this chapter:
1. Threshold Determination. For every environmental
checklist the city reviews as lead agency, the city shall collect a fee
set by Chapter 15.00 ECDC from the proponent of the proposal
prior to undertaking the threshold determination. This fee may be
waived as provided therein. The time periods provided by this
chapter from making a threshold determination shall not begin to
run until fee has been paid or waived in writing by the responsible
official. When the city assists the applicant or completes the
environmental checklist at the applicant's request under ECDC
20.15A.120 (C), 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
{WSS819985.DOC;1 \00006.900000\ } -20-
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 mutual
agreement of the city and applicant after a call for proposals.
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 cost exceeds 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
subsections (13)(1) or (2) of this section 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
chapter relating to the applicant's proposal.
4. The city shall not collect a fee for performing its duties as a
consulted agency.
5. The city may charge any person for copies of any document
prepared under this chapter, and for mailing the document, in a
manner provided by Chapter 42.17 RCW. [Ord. 2829 § 1, 1991].
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.
{ W S S 819985 . DOC;1 \00006.900000\ } -21-
12.15A.310 Severability.
If any provision of this chapter 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 2. The Edmonds Community Development Code 20.03.004 relating to
SEPA noticing requirements is hereby amended to add a new section to read as follows:
20.03.004 State Environmental Policy Act (SEPA) notice.
A. Whenever possible, the city shall integrate the public notice
required under this subsection with existing notice procedures for
the City's nonexempt permits(s) or approvals(s) required for the
proposal.
B. Whenever the City issues a Determination of
Nonsignificance (DNS) under WAC 197 -11- 340(2) or a
Determination of Significance (DS) under WAC 197 -11- 360(3) the
City shall give public notice as follows:
1. If public notice is required for a nonexempt license, the
notice shall state whether a DS or DNS has been issued and when
comments are due.
2. If an environmental document is issued concurrently with
the notice of application, the public notice requirements for the
notice of application in RCW 36.70B.110(4) will suffice to meet
the SEPA public notice requirements in WAC 197 -11- 510(1).
3. If no public notice is otherwise required for the permit or
approval, the City shall give notice of the DNS or DS by:
a. Posting the property, for site specific proposals;
b. Mailed to real property owners as shown by the
records of the county assessor within 300 feet of the boundary of
the property, for site specific proposals; and
{WSS819985.DOC;1 \00006.900000\ } -22-
C. Publishing notice in the City's official newspaper
(or if one has not been designated, in a newspaper of general
circulation within the City).
4. Whenever the City issues a DS under WAC 197 -11- 360(3),
the City shall state the scoping procedure for the proposal in the
DS as required in WAC 197 -11 -408 and in the public notice.
C. If a DNS is issued using the optional DNS process, the
public notice requirements for a notice of application in RCW
36.70B.110(4) as supplemented by the requirements in WAC 197-
11 -355 will suffice to meet the SEPA public notice requirements in
WAC 19711- 510(1)(b).
D. Whenever the City issues a Draft Environmental Impact
Statement (DEIS) under WAC 197 -11- 455(5) or a Supplemental
Environmental Impact Statement (SEIS) under WAC 197 -11 -620,
notice of the availability of those documents shall be given by:
1. Indicating the availability of the DEIS in any public notice
required for a nonexempt license;
2. Posting the property, for site specific proposals;
3. Mailed to real property owners as shown by the records of
the county assessor within 300 feet of the boundary of the
property, for site specific proposals; and
4. Publishing notice in the City's official newspaper (or if one
has not been designated, in a newspaper of general circulation
within the City).
E. Public notice for projects that qualify as planned actions
shall be tied to underlying permit, the notice shall state that the
project has qualified as a planned action. If notice is not otherwise
required for the underlying permit, no special notice is required.
F. The City may require an applicant to complete the public
notice requirements for the applicant's proposal at his or her
expense.
Section 3. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
{WSS819985.DOC;1 \00006.900000\ } -23-
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
1AAA I ;
MAY IK CO PER
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED S SYNEV--
OFFICE OF
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 11/12/2010
PASSED BY THE CITY COUNCIL: 11/16/2010
PUBLISHED: 11/21/2010
EFFECTIVE DATE: 11/26/2010
ORDINANCE NO. 3818
{WSS819985.DOC;1 \00006.900000\ } -24-
SUMMARY OF ORDINANCE NO. 3818
of the City of Edmonds, Washington
On the 16th day of November, 2010, the City Council of the City of Edmonds,
passed Ordinance No. 3818. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE BY
REPEALING AND REENACTING CHAPTER 20.15A RELATING TO ENVIRONMENTAL
REVIEW (SEPA), AMENDING CHAPTER 20.03 PUBLIC NOTICE REQUIREMENTS, TO
ADD A NEW SECTION RELATING TO SEPA NOTICING REQUIREMENTS, AND
FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 17th day of November, 2010.
ITY CLERK, SANDRA S. CHASE
{WSS819985.DOC;1 \00006.900000\ }- 25 -
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
�c. 189
On the 16th day of November, 2010, the City Council of the City
of Edmonds, passed Ordinance No; 3818. A summary of the con-
tent of said ordinance, consisting of the tide, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE PROVISIONS OF THE EDMONDS, COMMU-
NITY DEVELOPMENT CODE BY REPEALING AND
REENACTING CHAPTER 20.15A RELATING TO ENVIRONMEN-
TAL REVIEW (SEPA), AMENDING CHAPTER 20.03 PUBLIC NO=
TICE REQUIREMEVTS, TO ADD A NEW SECTION RELATING
TO SEPA NOTICING REQUIREMENTS, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 17th day of November, 2010.
CITY CLERK, SANDRA S. CHASE
Published: November2l. 2010.
JJtLLf ry �}
V.?
T CLERK
a
Affidavit of Publication
I S.S.
The undersigned, being first duly swom on oath deposes and says that she is Principal Clerk of
THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
newspaper by order of the Superior Courtof Snohomish County and that the notice
Summary of Ordinance NO. 3818
Amending the Provisions of the Edmonds Community Development
Code
a printed copy of which is hereunto attached, was published in said newspaper proper and not in
supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
November 21, 2010
and that said newspaper was regularly
Subscribed and sworn to before.me this
day of November
County.
to its Sul
of Washington,
during all of said period.
22nd
Account Name: City of Edmonds Account Number: 101416 Order Number: 0001718810