The city 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. This section contains this city's SEPA procedures and policies. The SEPA rules, WAC Chapter 197-11, must be used in conjunction with this section.

(Ord. 19C-07 § 1 (Exh. A))

The purpose of these procedures is to implement the requirements of the State Environmental Policy Act of 1971 (SEPA), RCW Chapter 43.21C, as amended, and the SEPA rules adopted by the State Department of Ecology and the authority and function of the city as provided therein. These procedures shall provide the city with principles, objectives, criteria and definitions to provide an efficient overall city-wide approach for implementation of the State Environmental Policy Act and Rules. These procedures shall also designate the responsible official, where applicable, and assign responsibilities within the city under the National Environmental Policy Act (NEPA).

(Ord. 19C-07 § 1 (Exh. A))

It is the intent of the city that compliance with the requirements of this section shall constitute procedural compliance with SEPA and the SEPA rules for all proposals. To the fullest extent possible, the procedures required by this section shall be integrated with existing planning and licensing procedures utilized by the city.

(Ord. 19C-07 § 1 (Exh. A))

The city adopts by reference as though fully set forth in this section the following sections and subsections of WAC Chapter 197-11 (the SEPA rules) as adopted by the Department of Ecology of the state of Washington on January 26, 1984, and as the same may be hereafter amended:

WAC 197-11-020(3) Purpose

WAC 197-11-030 Policy

WAC 197-11-040 Definitions

WAC 197-11-050 Lead agency

WAC 197-11-055 Timing of the SEPA process

WAC 197-11-060 Content of environmental review

WAC 197-11-070 Limitations on actions during the SEPA process

WAC 197-11-080 Incomplete or unavailable information

WAC 197-11-090 Supporting documents

WAC 197-11-100 Information required of applicants

WAC 197-11-300 Purpose of this part (categorical exemptions and threshold determinations)

WAC 197-11-305 Categorical exemptions

WAC 197-11-310 Threshold determination required

WAC 197-11-315 Environmental checklist

WAC 197-11-330 Threshold determination process

WAC 197-11-335 Additional information

WAC 197-11-340 Determination of nonsignificance

WAC 197-11-350 Mitigated DNS

WAC 197-11-355 Optional DNS procedure

WAC 197-11-360 Determination of significance (DS)/initiation of scoping

WAC 197-11-390 Effect of threshold determination

WAC 197-11-400 Purpose of EIS

WAC 197-11-402 General requirements

WAC 197-11-405 EIS types

WAC 197-11-406 EIS timing

WAC 197-11-408 Scoping

WAC 197-11-410 Expanded scoping

WAC 197-11-420 EIS preparation

WAC 197-11-425 Style and size

WAC 197-11-430 Format

WAC 197-11-435 Cover letter or memo

WAC 197-11-440 EIS contents

WAC 197-11-442 EIS contents on nonproject proposals

WAC 197-11-443 EIS contents when prior nonproject EIS

WAC 197-11-444 Elements of the environment

WAC 197-11-448 Relationship of EIS to other considerations

WAC 197-11-450 Cost benefit analysis

WAC 197-11-455 Issuance of DEIS

WAC 197-11-460 Issuance of FEIS

WAC 197-11-500 Purpose of this part (commenting)

WAC 197-11-502 Inviting comments

WAC 197-11-504 Availability and cost of environmental documents

WAC 197-11-508(2) SEPA register

WAC 197-11-535 Public hearings and meetings

WAC 197-11-545 Effect of no comment

WAC 197-11-550 Specificity of comments

WAC 197-11-560 FEIS response to comments

WAC 197-11-570 Consulted agency costs to assist lead agency

WAC 197-11-600 When to use existing environmental documents

WAC 197-11-610 Use of NEPA documents

WAC 197-11-620 Supplemental environmental impact statement—Procedures

WAC 197-11-625 Addenda—Procedures

WAC 197-11-630 Adoption—Procedures

WAC 197-11-635 Incorporation by reference—Procedures

WAC 197-11-640 Combining documents

WAC 197-11-650 Purpose of this part (SEPA and agency decisions)

WAC 197-11-655 Implementation

WAC 197-11-660 Substantive authority and mitigation

WAC 197-11-680 Appeals

WAC 197-11-700 Definitions

WAC 197-11-702 Act

WAC 197-11-704 Action

WAC 197-11-706 Addendum

WAC 197-11-708 Adoption

WAC 197-11-710 Affected tribe

WAC 197-11-712 Affecting

WAC 197-11-714 Agency

WAC 197-11-716 Applicant

WAC 197-11-718 Built environment

WAC 197-11-720 Categorical exemption

WAC 197-11-722 Consolidated appeal

WAC 197-11-724 Consulted agency

WAC 197-11-726 Cost benefit analysis

WAC 197-11-728 County/city

WAC 197-11-730 Decisionmaker

WAC 197-11-732 Department

WAC 197-11-734 Determination of nonsignificance (DNS)

WAC 197-11-736 Determination of significance (DS)

WAC 197-11-738 EIS

WAC 197-11-740 Environment

WAC 197-11-742 Environmental checklist

WAC 197-11-744 Environmental document

WAC 197-11-746 Environmental review

WAC 197-11-748 Environmentally sensitive area

WAC 197-11-750 Expanded scoping

WAC 197-11-752 Impacts

WAC 197-11-754 Incorporation by reference

WAC 197-11-756 Lands covered by water

WAC 197-11-758 Lead agency

WAC 197-11-760 License

WAC 197-11-762 Local agency

WAC 197-11-764 Major action

WAC 197-11-766 Mitigated DNS

WAC 197-11-768 Mitigation

WAC 197-11-770 Natural environment

WAC 197-11-772 NEPA

WAC 197-11-774 Nonproject

WAC 197-11-776 Phased review

WAC 197-11-778 Preparation

WAC 197-11-780 Private project

WAC 197-11-782 Probable

WAC 197-11-784 Proposal

WAC 197-11-786 Reasonable alternative

WAC 197-11-788 Responsible official

WAC 197-11-790 SEPA

WAC 197-11-792 Scope

WAC 197-11-793 Scoping

WAC 197-11-794 Significant

WAC 197-11-796 State agency

WAC 197-11-797 Threshold determination

WAC 197-11-799 Underlying governmental action

WAC 197-11-800 Categorical exemptions

WAC 197-11-880 Emergencies

WAC 197-11-890 Petitioning Department of Ecology to change exemptions

WAC 197-11-900 Purpose of this part (agency compliance)

WAC 197-11-902 Agency SEPA policies

WAC 197-11-904 Agency SEPA procedures

WAC 197-11-906 Content and consistency of agency procedures

WAC 197-11-910 Designation of responsible official

WAC 197-11-916 Application to ongoing actions

WAC 197-11-920 Agencies with environmental expertise

WAC 197-11-924 Determining the lead agency

WAC 197-11-926 Lead agency for governmental proposals

WAC 197-11-928 Lead agency for public and private proposals

WAC 197-11-930 Lead agency for private projects with one agency with jurisdiction

WAC 197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city

WAC 197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies

WAC 197-11-936 Lead agency for private projects requiring licenses from more than one state agency

WAC 197-11-938 Lead agencies for specific proposals

WAC 197-11-942 Agreements on lead agency status

WAC 197-11-944 Agreements on division of lead agency duties

WAC 197-11-946 DOE resolution of lead agency disputes

WAC 197-11-948 Assumption of lead agency status

WAC 197-11-960 Environmental checklist

WAC 197-11-965 Adoption notice

WAC 197-11-970 Determination of nonsignificance (DNS)

WAC 197-11-980 Determination of significance and scoping notice (DS)

WAC 197-11-985 Notice of assumption of lead agency status

WAC 197-11-990 Notice of action

(Ord. 19C-07 § 1 (Exh. A))

The following abbreviations are used in this section:

A.

DEIS: Draft environmental impact statement.

B.

DNS: Determination of nonsignificance.

C.

DS: Determination of significance.

D.

EIS: Environmental impact statement.

E.

FEIS: Final environmental impact statement.

F.

SEIS: Supplemental environmental impact statement.

(Ord. 19C-07 § 1 (Exh. A))

For those proposals for which the city is the lead agency, the responsible official shall be the director of the development services group or a duly authorized designee.

(Ord. 19C-07 § 1 (Exh. A))

The responsible official shall:

A.

Perform all duties of the responsible official under SEPA and the SEPA rules, and this chapter.

B.

Perform all duties required to be performed by the city under NEPA, including the provision of coordination with the appropriate federal agencies.

C.

Make the threshold determination on all proposals for which the city is the lead agency.

D.

Supervise scoping and the preparation of all draft and final environmental impact statements and supplemental environmental impact statements, whether the same are prepared by the city or an applicant.

E.

Establish procedures as needed for the preparation of environmental documents, including environmental impact statements.

F.

Ensure that environmental factors are considered by city decisionmakers.

G.

Coordinate the response of the city when the city is a consulted agency, and prepare timely written comments, which include data from all appropriate city departments, in response to consultation requests prior to a threshold determination.

H.

Provide information to citizens, proposal sponsors and others concerning SEPA and this WAC chapter.

I.

Retain all documents required by the SEPA rules (Chapter 197-11) and make them available in accordance with RCW Chapter 42.17.

J.

Perform any other function assigned to the lead agency or responsible official by those sections of the SEPA rules that were adopted by reference in MICC 19.21.040.

(Ord. 19C-07 § 1 (Exh. A))

A.

The city department receiving an application for or initiating a proposal that involves a nonexempt action shall ask the responsible official to determine the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940 unless the lead agency has been previously determined.

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 city departments 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 required under WAC 197-11-600. In some cases, the city may conduct supplemental environmental review under WAC 197-11-600.

D.

If the city or any city department receives a lead agency determination made by another agency that appears inconsistent with the criteria 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 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 must be initiated by the responsible official.

E.

City departments are 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, the responsible official and any city department that will incur responsibilities as the result of any such agreement approve the agreement.

(Ord. 19C-07 § 1 (Exh. A))

A.

The timing of the environmental review process shall be determined based on the criteria in the SEPA rules and this section.

B.

If the city's only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications as part of a complete application for such permit or license, the applicant may request in writing that the city conduct environmental review prior to submission of such detailed plans and specifications. A decision as to whether or not to do early environmental review, prior to receiving a complete application, shall be at the discretion of the responsible official.

C.

The responsible official may elect to do early environmental review if adequate information is available to determine the size and scope of the proposed action, including dimensions and use of all proposed structures, project timing, and the extent of clearing and grading.

D.

The city may initiate preliminary environmental review and have informal conferences with applicants prior to receipt of a complete application. However, this review shall not be binding on the city or the applicant.

E.

For city-initiated proposals, the initiating city department should contact the responsible official as soon as a proposal is formulated to integrate environmental concerns into the decision-making process as soon as possible.

F.

The procedural requirements of SEPA and this chapter shall be completed prior to the issuance of a permit or final decision on a nonexempt proposal.

(Ord. 19C-07 § 1 (Exh. A))

A.

Upon the receipt of an application for a proposal, the receiving city department shall, and for city proposals, the initiating city department shall, determine whether the proposal is an action potentially subject to SEPA and, if so, whether it is categorically exempt. This determination shall be made based on the definition of action (WAC 197-11-704), and the process for determining categorical exemption (WAC 197-11-305). As required, city departments shall ensure that the total proposal is considered. If there is any question whether or not a proposal is exempt, then the responsible official shall be consulted.

B.

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. The determination that a proposal is exempt shall be final and not subject to administrative review.

C.

If the proposal is not categorically exempt, the city department making this determination (if different from proponent) shall notify the proponent of the proposal that it must submit an environmental checklist (or copies thereof) to the responsible official.

D.

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:

a.

Any nonexempt action;

b.

Any action that would have an adverse environmental impact; or

c.

Any action that would limit the choice of alternatives;

2.

A city department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and

3.

A city department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt actions were not approved.

E.

The following types of construction shall be categorically exempt, except when undertaken wholly or partly on lands covered by water, or a rezone or any license governing emissions to the air or discharges to water is required:

1.

The construction or location of any residential structures of four or fewer dwelling units;

2.

The construction of an office, school, commercial, recreational, service or storage building with 4,000 square feet or less of gross floor area and with associated parking facilities designed for 20 or fewer automobiles;

3.

The construction of a parking lot designed for 20 or fewer automobiles;

4.

Any landfill or excavation of 500 cubic yards or less throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II, or III forest practice under RCW 76.09.050 or regulations thereunder.

(Ord. 19C-07 § 1 (Exh. A))

A.

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.

B.

For private proposals, the city will require the applicant to complete the environmental checklist, providing assistance as necessary. For city proposals, the city department initiating the proposal shall complete the checklist for that proposal.

C.

The city may complete all or part of the environmental checklist for a private proposal, if either 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.

(Ord. 19C-07 § 1 (Exh. A))

The responsible official shall make the threshold determination and issue a determination of nonsignificance (DNS) or significance (DS). The responsible official shall make such threshold determination in accordance with the procedures of WAC Chapter 197-11, Part 3, as adopted by this chapter. The responsible official shall notify the applicant, the lead city department, and (where a permit is involved) the permit-issuing city department of the threshold determination. The decision of the responsible official to issue a determination of significance shall not be appealable. The decision of the responsible official to issue a determination of nonsignificance shall be appealable pursuant to MICC 19.21.200.

(Ord. 19C-07 § 1 (Exh. A))

A.

As provided in this chapter 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.

B.

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

1.

Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the city department is lead agency; and

2.

Precede the city's actual threshold determination for the proposal.

C.

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

1.

Be written;

2.

State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/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, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.

D.

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.

E.

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

F.

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:

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 DNS under WAC 197-11-340(2).

2.

If the city indicated areas of concern, but did not indicate specific mitigation measures, the city shall make the threshold determination, issuing 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 and feasible. For example, proposals to "control noise" or "prevent storm water runoff" are inadequate, whereas proposals to "muffle machinery to X decibel" or "construct 200-foot storm water detention 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.

G.

A proposal shall not be considered changed or clarified to permit the issuance of a mitigated DNS under WAC 197-11-350 unless all license applications for the proposal are revised to conform to the changes or other binding commitments made.

H.

If a mitigated DNS is issued, the aspects of the proposal that allowed a mitigated DNS to be issued shall be included in any decision or recommendation of approval of the action. Mitigation measures incorporated into 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.

I.

A mitigated DNS is issued under WAC 197-11-340(2), requiring a 14-day comment period and public notice.

J.

If at any time the proposal (including associated mitigating measures) is substantially changed, the responsible official shall reevaluate the threshold determination and, if necessary, withdraw the mitigated DNS and issue a DS. Any questions regarding whether or not a change is substantial shall be resolved by the responsible official.

(Ord. 19C-07 § 1 (Exh. A))

A.

An environmental impact statement shall be required on any proposal determined to be a major action having a probable significant, adverse environmental impact. If it is determined that an environmental impact statement is required, the responsible official shall notify the applicant or proposal sponsor, the lead city department and (where a permit is involved) the department responsible for issuing the permit. The responsible official shall arrange for a meeting with the applicant or proposal sponsor to schedule necessary events and give any guidance necessary in the preparation of the EIS.

B.

For private proposals, an EIS shall be prepared by a private applicant or agent thereof or by the city. For city proposals, the EIS shall be prepared by a consultant or by city staff. In all cases, the method of preparation and the selection of the consultant shall be subject to the approval of the responsible official. The responsible official shall ensure that the EIS is prepared in a responsible and professional manner and with appropriate methodology and consistent with SEPA rules. The responsible official shall also direct the areas of research and examination to be undertaken as a result of the scoping process, as well as the organization of the resulting document. The responsible official may retain the services of a consultant to review all or portions of EIS prepared by an applicant, the applicant's agent, or the city, at the applicant's expense. Services rendered by the responsible official and other city staff shall be subject to collection of fees as described in the city's officially adopted land use and planning fee schedule.

C.

The responsible official will coordinate any predraft consultation procedures and scoping procedures so that the consultant preparing the EIS immediately receives all substantive information submitted by consulted agencies or through the scoping process. The responsible official shall also attempt to obtain any information needed by the consultant preparing the EIS which is on file with another agency or federal agency.

D.

An environmental impact statement is required to analyze those probable adverse environmental impacts which are significant. Beneficial environmental impacts may be discussed. The responsible official shall consult with agencies, affected tribes and the public to identify such impacts and limit the scope of an environmental impact statement in accordance with the procedures set forth in subsection E of this section. The purpose of the scoping process is to narrow the scope of every EIS to the probable significant adverse impacts and reasonable alternatives, including mitigation measures.

E.

Procedures for scoping.

1.

The responsible official shall consult with agencies and the public to limit the scope of an environmental impact statement by any or all of the following means. The specific method to be followed shall be determined on a proposal-by-proposal basis by the responsible official, but at a minimum shall include the following:

a.

The responsible official shall give notice that an EIS is to be prepared, which notice shall provide that agencies, affected tribes and the public may submit written comments to identify significant impacts and reasonable alternatives and limit the scope of the EIS. Comments must be submitted not later than 21 days from the date of issuance of the declaration of significance. Additionally, notice may be sent to any community groups known by the responsible official to have a possible interest in the proposal. Notice of the intent to prepare an EIS and the opportunity for commenting on the scope thereof may be sent with other public notices concerning the project.

b.

Additionally, the responsible official may conduct a meeting to provide the opportunity for oral comment on the scope of the EIS. Notice of such meeting shall be published in a newspaper of general circulation at least five days prior to the date of the meeting. The scoping meeting may be combined with other meetings or hearings concerning the proposal.

2.

The appendix to the EIS shall include an identification of the issues raised during the scoping process and whether those issues have or have not been determined significant for analysis in the EIS. All written comments regarding the scope of the EIS shall be included in the proposal file.

3.

The public and agency consulting process regarding the scope of the EIS shall normally occur within 30 days after the declaration of significance is issued, unless the responsible official and the applicant agree on a later date.

4.

EIS preparation may begin during scoping.

F.

The following additional elements may, at the option of the responsible official, be considered part of the environment for the purpose of EIS content, but do not add to the criteria for the threshold determinations or perform any other function or purpose under these rules:

1.

Economy;

2.

Social policy analysis;

3.

Cost-benefit analysis.

G.

When a public hearing is held under WAC 197-11-535(2), such hearing shall be held before the responsible official.

(Ord. 19C-07 § 1 (Exh. A))

Environmental documents shall be transmitted to decisionmakers and advisory bodies prior to their taking official action on proposals subject to SEPA.

(Ord. 19C-07 § 1 (Exh. A))

The responsible official shall designate when an action constitutes an emergency under WAC 197-11-880.

(Ord. 19C-07 § 1 (Exh. A))

A.

Whenever the city issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3), the city shall give public notice of the DNS or DS by publishing notice in the city's permit information bulletin.

B.

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.

Whenever the city issues a DEIS under WAC 197-11-455(5) or a 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; and

2.

Publishing notice in the city's permit information bulletin.

D.

Whenever an EIS hearing is required, the hearing shall be combined with the hearing on the underlying action and notice shall be provided in the manner specified in MICC 19.15.020.

E.

The city shall integrate the public notice required under this chapter with existing notice procedures for the city's nonexempt permit(s) or approval(s) required for the proposal.

F.

The responsible official may also elect to give notice by one or more of the other methods specified in WAC 197-11-510.

G.

The city may require an applicant to complete the public notice requirements for the applicant's proposal at his or her expense.

(Ord. 19C-07 § 1 (Exh. A))

Environmental checklist. The city shall establish a fee for review of an environmental checklist performed by the city when the city is the lead agency. The fee shall be identified in the city's officially adopted land use and planning fee schedule, and collected prior to undertaking a threshold determination.

Environmental impact statements. For all proposals when the city is the lead agency and the responsible official determines that an EIS is required, the applicant shall be charged a fee for the administrative costs of supervision and preparation of the draft and final EISs. This fee shall be identified in the city's officially adopted land use and planning fee schedule, and collected prior to the initiation of work on the draft EIS.

A.

For private proposals, the cost of retaining consultants for assistance in EIS preparation shall be borne by the applicant whether the consultant is retained directly by the applicant or by the city.

B.

Consultant agency fees. No fees shall be collected by the city for performing its duty as a consultant agency.

C.

Document fees. The city may charge any person for copies of any documents prepared pursuant to the requirements of this chapter and for mailing thereof, in a manner provided by RCW Chapter 42.17; provided, no charge shall be levied for circulation of documents as required by this chapter to other agencies.

(Ord. 19C-07 § 1 (Exh. A))

A.

The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city.

B.

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 identified in environmental documents prepared pursuant to this chapter; and

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 D of this section and cited in the license or other decision document.

C.

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 FEIS or final SEIS prepared pursuant to this chapter; and

2.

A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

3.

The denial is based on one or more policies identified in subsection D of this section and identified in writing in the decision document.

D.

The city designates and adopts by reference the following policies as the basis for the city's exercise of authority pursuant to this RCW chapter:

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;

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 a variety of individual choice;

f.

Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities;

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.

3.

The city adopts by reference the policies in the following city codes, ordinances, resolutions, and plans, as presently adopted or hereafter amended:

a.

The comprehensive plan of the city;

b.

The development code of the city;

c.

The policies of the Mercer Island environmental procedures code, including the policies and objectives of SEPA (Chapter 43.21C) as adopted by the city;

d.

The parks and open space plan of the city;

e.

The community facilities plan of the city;

f.

The design commission, Ordinance No. 297, and the design guidelines, Ordinance No. 491, of the city;

g.

The city's arterial plan, Ordinance No. 404;

h.

The six-year comprehensive street improvement program;

i.

1976 memorandum agreement regarding I-90, signed by the cities of Mercer Island, Bellevue and Seattle, and the Washington State Department of Transportation;

j.

Model Traffic Ordinance, Chapter 10.98 MICC;

k.

Street improvement and maintenance guidelines, approved September 13, 1982;

l.

Sewer rates and regulations, Chapter 15.06 MICC;

m.

Water system, Chapter 15.12 MICC;

n.

Minimum fire flow requirements, Resolution No. 778;

o.

Comprehensive city water plan.

E.

The responsibility for enforcing conditions under SEPA rests with the city department or official responsible for enforcing the decision on the underlying action.

F.

This chapter shall not be construed as a limitation on the authority of the city to approve, deny or condition a proposal for reasons based upon other statutes, ordinances or regulations.

(Ord. 19C-07 § 1 (Exh. A))

A.

Except for SEPA procedural and substantive decisions related to permits, deviations and variances issued by the code official or hearing examiner under the shoreline management provisions or any legislative actions taken by the city council, the following shall be appealable to the hearing examiner under this chapter:

1.

The decision to issue a determination of nonsignificance rather than to require an EIS;

2.

Mitigation measures and conditions that are required as part of a determination of nonsignificance;

3.

The adequacy of an FEIS or an SEIS;

4.

Any conditions or denials of the proposed action under the authority of SEPA.

B.

How to appeal. The appeal must be consolidated with any appeal that is filed on the proposal or action, and must conform to the requirements of MICC 19.15.130(B), Permit review procedures. The appeal may also contain whatever supplemental information the appellant wishes to include.

C.

For any appeal under this subsection, 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.

D.

The procedural determination by the city's responsible official shall carry substantial weight in any appeal proceeding.

E.

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.

(Ord. 19C-07 § 1 (Exh. A))

A.

The applicant for or proponent of an action of the city, when the action is one the city is proposing, may publish notice of action pursuant to RCW 43.21C.080 for any action.

B.

The form of the notice shall be substantially in the form and manner set forth in RCW 43.21C.080. The notice may be published by the city for city projects or the applicant or proponent for private projects.

C.

If there is a time period for appealing the underlying city action to court, the city shall give notice stating the date and place for commencing an appeal of the underlying action and an appeal under RCW Chapter 43.21C, the State Environmental Policy Act. Notice shall be given by mailing notice to parties of record to the underlying action and may also be given by publication in a newspaper of general circulation.

(Ord. 19C-07 § 1 (Exh. A))