A. Consistent with WAC 197-11-040, the city adopts by reference the definitions contained in WAC 197-11-220 and WAC 197-11-700 through 197-11-799. In addition, the following definitions are adopted for this chapter:

B. The following abbreviations are used in this chapter:

A. For those proposals for which the city is the lead agency, the responsible official shall be the city administrator or designee.

B. For all proposals for which the city is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other task assigned to the lead agency or responsible official by those sections of the SEPA rules that were adopted by reference in WAC 173-806-020.

C. The city shall retain all documents required by SEPA rules, Chapter 197-11 WAC, and make them available in accordance with Chapter 42.17 RCW. (Ord. 005/2019 § 10 (Exh. B))

A. The city adopts by reference the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, as supplemented in this chapter:

B. When the city receives an application initiating a nonexempt action, the responsible official shall determine the lead agency for that proposal under WAC 197-11-050, 197-11-253, and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the responsible official is aware that another department or agency is in the process of determining the lead agency.

C. 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.

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

E. 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 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 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-day time period.

F. Departments of the city 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, that the responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.

G. The responsible official when making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal.

H. When the city is lead agency for an 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 comment letters will be distributed to the other agency. (Ord. 005/2019 § 10 (Exh. B))

A. For nonexempt proposals, the DNS or draft EIS for the proposal shall accompany the city’s staff recommendation to any appropriate advisory body, such as the planning commission.

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, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications. (Ord. 005/2019 § 10 (Exh. B))

A. The city adopts by reference the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, as supplemented in this chapter:

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

B. Pursuant to RCW 35A.21.440, the redevelopment of existing buildings into residential uses where the dwelling units are constructed entirely within the building envelope of an existing building with a certificate of occupancy issued at least three years prior to the building permit application to add the housing units, are categorically exempt from SEPA.

C. 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). (Ord. 008/2025 § 7 (Exh. F); Ord. 005/2019 § 10 (Exh. B))

A. When the city receives an application for a license, permit, or governmental proposal, the responsible official shall determine whether the license, permit, 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 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 licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency even if the license application that triggers the department’s 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:

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. 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 threshold determination.

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

C. 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:

D. 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. 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 prior to use. (Ord. 005/2019 § 10 (Exh. B))

A. 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.

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

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

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 or amended environmental checklist, the city shall base its threshold determination on the changed or clarified proposal and should make the determination within fifteen days of receiving the changed or clarified proposal:

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

G. 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.

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) (withdrawal of DNS).

I. 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. (Ord. 005/2019 § 10 (Exh. B))

A. The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, as supplemented in this chapter:

B. Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) are the responsibility of the planning department 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.

C. The DEIS and FEIS or draft and final SEIS shall be prepared by city staff, the applicant, or by a consultant selected by mutual agreement by the city and the applicant. 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 DEIS and FEIS prior to distribution.

D. The city may require an applicant to provide information the city does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. (This does not apply to information the city may request under another ordinance or statute). (Ord. 005/2019 § 10 (Exh. B))

A. The city adopts by reference the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, as supplemented in this chapter:

B. For purposes of WAC 197-11-510, public notice shall be required as provided pursuant to Chapter 22.84 MMC, Permit Processing. Publication of notice in a newspaper of general circulation in the area where the proposal is located also shall be required for all nonproject actions and for all other proposals that are subject to the provisions of this chapter but are not classified as land use permit decisions in this title.

C. The responsible official may require further notice if deemed necessary to provide adequate public notice of a pending action. Failure to require further or alternative notice shall not be a violation of any notice procedure.

D. The city may require an applicant to complete the public notice requirements for the applicant’s proposal at their expense. (Ord. 001/2025 § 3 (Exh. B); Ord. 005/2019 § 10 (Exh. B))

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 a DEIS.

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. (Ord. 005/2019 § 10 (Exh. B))

A. The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, by reference:

B. Administrative appeals under RCW 43.21C.075 and WAC 197-11-680 shall be governed by Chapter 22.84 MMC.

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

D. The city may attach conditions to a permit or approval for a proposal so long as:

E. The city may deny a permit or approval for a proposal on the basis of SEPA so long as:

F. The city designates and adopts by reference the following policies as the basis for the city’s exercise of authority pursuant to this section:

A. Threshold Determinations.

B. Adequacy of Environmental Impact Statements.

C. Substantial Weight Accorded Responsible Official. The procedural determinations by the city’s responsible official shall carry substantial weight in any appeal proceeding under this code.

D. Record. For any appeal under this subsection, the city shall provide for a record that shall consist of the following:

E. Exhaustion of Remedies. SEPA appeal procedures, as provided herein, must be utilized prior to judicial review of that SEPA decision.

F. The city shall give 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. 005/2019 § 10 (Exh. B))

A. Threshold Determination. For every environmental checklist the city will review when it is lead agency, the city shall collect a fee, as set by the city council by periodic resolution, from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee. When the city completes the environmental checklist at the applicant’s request, or under WAC 173-806-090(3), a sum based upon city costs shall be collected.

B. Environmental Impact Statement.

C. Professional Service Costs. Whenever it is determined that the services of an engineer, biologist, attorney, land use planner or other professional consultant are reasonably necessary to assist city staff in performing activities required by this chapter, the applicant shall be charged a fee in an amount sufficient to reimburse the city for cost of such professional services. This fee shall be in addition to all other fees and charges provided for in this section. No permit for the proposed section shall be issued until professional services fees have been paid in full or a written agreement for payment in a form approved by the city attorney has been signed by the applicant and the city.

D. Public Notice Costs. 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.

E. Consulted Agency Duties. The city shall not collect a fee for performing its duties as a consulted agency.

F. Copy Costs. 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. 005/2019 § 10 (Exh. B))