Snohomish City Zoning Code
CHAPTER 14
90 State Environmental Policy Act SEPA
14.90.010 Adoption by Reference of Chapter 197-11 WAC.
Pursuant to the State Environmental Policy Act, RCW 43.210.120, (“SEPA”) the City hereby adopts Chapter 197-11 WAC by reference.
14.90.020 Designation of SEPA Responsible Official.
The City Planner shall administer this chapter and shall be the City’s responsible official under SEPA pursuant to WAC 197-11-910. Other City officials initiating SEPA applicable actions shall notify and coordinate with the City Planner.
14.90.030 Initiation of Environmental Review.
Pursuant to WAC 197-11-055(4), environmental review may begin whenever, in the opinion of the City Planner and consistent with WAC 197-11-100 and WAC 197-11-335, sufficient information exists to reasonably assess the environmental impact of a proposal.
14.90.040 Categorical Exemptions without Flexible Thresholds.
All of the categorical exemptions in WAC 197-11-800(2) through (27) shall apply in the City of Snohomish and are categorically exempt from requiring a threshold determination and EIS requirements, subject to the rules and limitations on categorical exemptions contained in WAC 197-11-305. (Ord. 2399, 2020)
14.90.045 Flexible Thresholds for Minor New Construction Categorical Exemption.
The City establishes the following exempt levels for minor new construction pursuant to WAC 197-11-800(1)(d):
A. For single-family residential projects, up to thirty (30) dwelling units;
B. For multifamily residential projects, up to sixty (60) dwelling units;
C. For agricultural structures, up to forty thousand (40,000) square feet;
D. For office, school, commercial, recreational, service or storage buildings, up to thirty thousand (30,000) square feet;
E. For parking facilities, up to ninety (90) parking spaces;
F. For fills or excavations, up to one thousand (1,000) cubic yards. All fill or excavation, of any quantity, necessary for an exempt project in subsections A through D of this section shall be exempt. (Ord. 2399, 2020)
14.90.050 Environmental Checklist.
Pursuant to WAC 197-11-315, the City shall provide the applicant, and the applicant shall complete and submit to the City, an environmental checklist, and the applicant shall pay the City the fee set by Council resolution for review of environmental checklists.
14.90.060 Mitigated Determination of Non-Significance (MDNS).
Pursuant to WAC 197-11-350, all mitigation measures incorporated in an MDNS shall be deemed conditions of approval of the underlying permit decision and shall be enforced as provided in Chapter 14.85 SMC.
14.90.070 Cost of Environmental Impact Statement (EIS).
Pursuant to WAC 197-11-100 and WAC 197-11-420, the applicant shall pay all costs associated with preparation and circulation of an EIS to evaluate the environmental impact of the applicant’s proposed development. The draft and final EIS shall be prepared under the direct supervision of the City Planner, pursuant to a 3-party contract involving the applicant, the City, and the preparer. The City may in part offset these costs by charging non-governmental entities for copies of any documents prepared under this section. The City Planner shall have the authority to determine that the EIS preparer is qualified to perform the work.
14.90.080 Substantive Authority.
The City may condition or deny a permit application, even though it may conform to this Development Code, as necessary to mitigate environmental impacts pursuant to WAC 197-11-660, provided said condition or denial is based on the Comprehensive Plan, the Development Code, the Shoreline Management Master Program, the Design Standards (both inside and outside the Historic District), the Building Codes, the City’s Utility Extension Policy, the City’s Stormwater Management regulations (Ch. 15.16 SMC), or the agency responsibilities established by RCW 43.21C.020(2), which are hereby adopted by reference. (Ord. 2173, 2009)
14.90.090 Environmentally Sensitive Areas.
A. The map(s) associated with Chapters 14.250 through 14.280 SMC identify the areas of the City that are considered environmentally sensitive.
B. The City shall treat proposals located wholly or partially within an environmentally sensitive area no differently than other proposals under this chapter, making a threshold determination for all such proposals if required. The City shall not automatically require an EIS for a proposal merely because it is proposed for location in an environmentally sensitive area.
C. Certain categorical exemptions in WAC 197-11-800 do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. (Ord. 2082, 2005; Ord. 2399, 2020)