Fircrest City Zoning Code

The city establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(b) based on local conditions:

Whenever the city establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington, 98504, under WAC 197-11-800(1)(c). (Statutory authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), WAC 173-806-070, filed 6/15/84. Formerly Chapter 173-805 WAC.)

Each department within the city that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal shall determine whether the license and/or the proposal is exempt. The department's 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 apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal.

In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department's consideration is exempt.

If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this title except that:

A completed environmental checklist (or a copy), 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 in 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 agency. The city shall use the environmental checklist to determine the lead agency and, if the city is the lead agency, for determining the responsible official and for making the threshold determination.

For private proposals, the city will require the applicant to complete the environmental checklist, providing assistance as necessary. Where an expanded checklist is required by the city, technical studies shall be prepared under the direction of the responsible official. If the studies are prepared by a consultant, selection shall be by mutual agreement of the city and applicant, and the consultant may be managed by the city at the city's sole discretion. For city proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

The city may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs:

For projects submitted as planned actions under WAC 197-11-164, the city shall use its existing environmental checklist form or may modify the environmental checklist form as provided in WAC 197-11-315. If a modified form is prepared, it must be sent to the Department of Ecology to allow at least a 30-day review prior to use. The city shall:

As provided in this section and in WAC 197-11-350, the responsible official may issue a 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.

An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:

The responsible official should respond to the request for early notice within 20 working days. The response shall:

As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the city shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 days of receiving the changed or clarified proposal.

A mitigated DNS is issued under either WAC 197-11-340(2), requiring a 14-day comment period and public notice, or WAC 197-11-355(5) which may require no additional comment period beyond the comment period on the notice of application.

Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the city.

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) (withdrawal of DNS).

The city's written response under subsection (b) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications 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. (Statutory authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), WAC 173-806-100, filed 6/15/84. Formerly Chapter 173-805 WAC.)