Title 18
ENVIRONMENT
Chapters:
18.04
Environmental Policy Act
18.10A
Critical Areas Code – General Provisions
18.10B
Critical Areas Code – Wetlands
18.10C
Critical Areas Code – Fish and Wildlife Habitat
Conservation Areas
18.10D
Critical Areas Code – Aquifer Recharge Areas
18.10E
Critical Areas Code – Frequently Flooded Areas
18.10F
Critical Areas Code – Geologically Hazardous Areas
Chapter 18.04
ENVIRONMENTAL POLICY ACT
Sections:
18.04.010 Authority.
18.04.020 Adoption of applicable WAC sections.
18.04.030 Definitions.
18.04.040 Designation of responsible official.
18.04.050 Lead agency determination and
responsibilities.
18.04.060 Transfer of lead agency status to a state
agency.
18.04.070 Additional timing considerations.
18.04.080 Flexible thresholds for categorical
exemptions.
18.04.090 Categorical exemptions and threshold
determinations.
18.04.100
Use of exemptions.
18.04.110 Environmental checklist.
18.04.120 Mitigated DNS.
18.04.130 Environmental Impact Statement (EIS).
18.04.140 Preparation of EIS – Additional
considerations.
18.04.150 Commenting.
18.04.160 Public notice.
18.04.170 Designation of official to perform
consulted agency responsibilities for the city.
18.04.180 Using existing environmental documents.
18.04.190 SEPA and agency decisions.
18.04.200 Substantive authority.
18.04.210 Appeals.
18.04.220 Notice/statute of limitations.
18.04.230 Definitions.
18.04.240 Categorical exemptions.
18.04.250 Agency compliance.
18.04.260 Fees.
18.04.270 Forms.
18.04.010 Authority.
The city adopts
this chapter under the State Environmental Policy Act (SEPA),
RCW 43.21.120 and the SEPA Rules, WAC 197-11-904. This
chapter contains the city’s SEPA procedures and policies,
SEPA Rules Chapter 197-11 WAC to be used in conjunction
with this chapter. (Ord. 936 Exh. A, 1999).
18.04.020 Adoption of applicable WAC sections.
The city adopts the
following sections of Chapter 197-11 WAC by reference:
WAC
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.
197-11-158
GMA project review-reliance on existing plans and
regulations.
197-11-210
SEPA/GMA integration.
197-11-220
SEPA/GMA definitions.
197-11-228
Overall SEPA/GMA integrations procedures.
197-11-230
Timing of on integrated GMA/SEPA process.
197-11-232
SEPA/GMA integration procedures for preliminary planning,
environmental analysis and expanded scoping.
197-11-235
Documents.
197-11-238
Monitoring.
197-11-250
SEPA/Model Toxics Control Act integration (MTCA).
197-11-253
SEPA lead agency of 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.
(Ord. 936 Exh.
A, 1999).
18.04.030 Definitions.
The city adopts
those definition contained within CMC 18.04.230 and WAC
197-11-700 through 197-11-799, when used in this chapter,
the following terms shall have the following meanings,
unless the context indicates otherwise:
A.“City” means the
city of Cashmere, Washington.
B.“Department”
means any division, subdivision or organizational unit of
the city established by ordinance, rule, or order.
C.“SEPA Rules”
means Chapter 197-11 WAC adopted by the Department of
Ecology.
D.“Ordinance” means
the ordinance, resolution or other procedure used by the
city to adopt regulatory requirements.
E.“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). (Ord.
936 Exh. A, 1999).
18.04.040 Designation of responsible official.
A.For those
proposals for which the city is the lead agency, the
responsible official shall be the city administrator or
his or her designee.
B.For all proposals
for which the city is the lead agency, the city
administrator shall make the threshold determination,
supervise scoping and preparation of any required
environmental impact statement (EIS), and perform any
other functions assigned to the lead agency or responsible
official by those sections of the SEPA rules that were
adopted by reference in section CMC 18.04.020.
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. (Ord. 936 Exh. A, 1999).
18.04.050 Lead agency determination and
responsibilities.
A.The responsible
official 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 and
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 department receiving
the application shall determine the responsible official
who 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 required under
WAC 197-11-600. In some cases, 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 197-11-922 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. The responsible official may initiate any such
petition on behalf of the city.
D.The city 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
the agreement.
E.When the
responsible official makes a lead agency determination for
a private project he/she shall require that sufficient
information from the applicant to identify which other
agencies have jurisdiction over the proposal. (That is:
Which agencies require nonexempt licenses?) (Ord. 936 Exh.
A, 1999).
18.04.060 Transfer of lead agency status to a state
agency.
For any proposal
for a private project where the city would be the lead
agency and for which one or more state agencies have
jurisdiction, the city’s responsible official may elect
to transfer the lead agency duties to a state agency. The
state agency with jurisdiction appearing first on the
priority listing in WAC 197-11-936 shall be the lead
agency and the city shall be an agency with jurisdiction.
To transfer lead agency duties, the city’s responsible
official must transmit a notice of the transfer together
with any relevant information available on the proposal
to the appropriate state agency with jurisdiction. The
responsible official of the city shall also give notice of
the transfer to the private applicant and any other
agencies with jurisdiction over the proposal. (Ord. 936
Exh. A, 1999).
18.04.070 Additional timing considerations.
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. 936 Exh. A, 1999).
18.04.080 Flexible thresholds for categorical
exemptions.
A.The city
establishes the following exempt levels for minor new
construction under WAC 197-11-800(1)(b) based on local
conditions:
1.For residential
dwelling units in WAC 197-11-800(l)(b)(I) up to four
dwelling units;
2.For agricultural
structures in WAC 197-11-800(l)(b)(ii) up to 10,000 square
feet;
3.For office,
school, commercial, recreational, service or storage
buildings in WAC 197-11-800(l)(b)(iii) up to 4,000 square
feet and up to 20 parking spaces;
4.For parking lots
in WAC 197-11-800(l)(b)(iv) up to 20 spaces;
5.For landfills and
excavations in WAC 197-11-800(l)(b)(v) up to 500 cubic
yards.
B.Whenever the city
establishes new exempt levels under this section, it shall
send them to the Department of Ecology, Headquarters
Office, Olympia, Washington 98505, under WAC
197-11-800(l)(c). (Ord. 936 Exh. A, 1999).
18.04.090 Categorical exemptions and threshold
determinations.
The city adopts the
following section of WAC 173-806-056 containing the rules
for deciding whether a proposal has probably significant,
adverse environmental impact requiring an environmental
impact statement (EIS) to be prepared and rules for
evaluating the impacts of proposals not requiring an EIS.
WAC
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.
(Ord. 936 Exh.
A, 1999).
18.04.100 Use of exemptions.
A.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 are exempt. The department’s
determinations 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 applies 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 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 considerations 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 authorizations 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 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 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 action(s) were not approved. (Ord. 936 Exh. A,
1999).
18.04.110 Environmental checklist.
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 the 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 the 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:
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. 936 Exh.
A, 1999).
18.04.120 Mitigated DNS.
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 to, 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 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 15 working days. The response shall:
1.Be written;
2.State whether the
city currently consider 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.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 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 that would allow it to issue a DNS,
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. 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
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
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.
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. 936 Exh. A, 1999).
18.04.130 Environmental Impact Statement (EIS).
This part contains
the rules for preparing environmental impact statements (EIS).
The city adopts the following sections by reference, as
supplemented by this part:
WAC
197-11-400
Purpose of EIS.
197-11-401
General requirements.
197-11-405
EIS types.
197-11-406
EIS timing.
197-11-407
Scoping.
197-11-410
Expanded scoping (Optional).
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 content.
197-11-441
Contents of EIS on non-project proposals.
197-11-442
EIS contents when prior non-project EIS.
197-11-443
Elements of the environment.
197-11-448
Relationship of EIS to other considerations.
197-11-449
Cost-benefit analysis.
197-11-455
Issuance of DEIS.
197-11-460
Issuance of FEIS.
(Ord. 936 Exh.
A, 1999).
18.04.140 Preparation of EIS – Additional
considerations.
A.Preparation of
draft and final EISs (DEIS and FEIS) and draft and final
supplemental EISs (SEIS) is the responsibility of the
responsible official of the department under which the
action will be taken. 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 DEIS and FEIS
or draft and final SEIS shall be prepared by the city
staff, the applicant, or by a consultant selected by the
city or 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 of EIS preparation, including approval of the
DEIS and FEIS prior to distribution.
C.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. 936 Exh. A, 1999).
18.04.150 Commenting.
This part contains
rules for consulting, commenting, and responding on all
environmental documents under SEPA, including rules for
public notice and hearings. The city adopts the following
sections by reference, as supplemented in this part:
WAC
197-11-500
Purpose of this part.
197-11-501
Inviting comments.
197-11-504
Availability and cost of environmental documents.
197-11-508
SEPA register.
197-11-535
Public hearings and meetings.
197-11-545
Effect of no comments.
197-11-550
Specificity of comments.
197-11-560
FEIS response to comments.
197-11-570
Consulted agency costs to assist lead agency.
(Ord. 936 Exh.
A, 1999).
18.04.160 Public notice.
A.Whenever
possible, the city shall integrate the public notice
required under this section with existing notice
procedures for the city’s nonexempt permit(s) or
approval(s) required for the proposal.
B.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 as
follows:
1.If a SEPA
document is issued concurrently with the notice of
application, the public notice requirements for the notice
of applications will suffice to meet the SEPA public
notice requirements.
2.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; or
b.Publishing
notices in a newspaper of general circulation in the
county, city, or general area where the proposal is
located.
C.If a DNS is
issued using the optional DNS process, the public notice
requirements for the notice of application as supplemented
by the requirements in WAC 197-11-355 will suffice to meet
the SEPA public notice requirements.
D.Whenever the city
issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC
197-011-620, 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; or
3.Publishing
notices in a newspaper of general circulation in the
county, city, or general area where the proposal is
located.
E.The city may
require an applicant to complete the public notice
requirements for the applicant’s proposal at his or her
expense. (Ord. 936 Exh. A, 1999).
18.04.170 Designation of official to perform
consulted agency responsibilities for the city.
A.The responsible
official or his or her designee 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 or his or her designee 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. Responses from the consulted agency shall be derived
from the department head of the agency with general
responsibility or expertise in regard to the issue to be
discussed. Written comments shall be forwarded to the lead
agency prior to a threshold determination, participation
in scoping, and reviewing a DEIS. (Ord. 936 Exh. A, 1999).
18.04.180 Using existing environmental documents.
This section
contains rules of 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 by
reference:
WAC
197-11-164
Planned actions – Definitions and criteria.
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 statement – Procedures.
197-11-625
Addenda – Procedures.
197-11-630
Adoption – Procedures.
197-11-635
Incorporations by reference – Procedures.
197-11-640
Combining documents.
(Ord. 936 Exh.
A, 1999).
18.04.190 SEPA and agency decisions.
This section
contains rules and policies for SEPA’s substantive
authority, such as decisions to mitigate or reject
proposals as a result of SEPA. This section also contains
procedures for appealing SEPA determinations to agencies
or the courts. The city adopts the following sections by
reference:
WAC
197-11-650
Purpose of the section.
197-11-655
Implementation.
197-11-660
Substantive authority and mitigation.
197-11-680
Appeals.
(Ord. 936 Exh.
A, 1999).
18.04.200 Substantive authority.
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 probably adverse
environmental impact 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 probably
significant adverse environmental impacts that are
identified in a FEIS or final SEIS prepared pursuant to
this chapter; and
2.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 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;
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 to individual choices;
f.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 goals, policies, and purposes in the
following city documents:
City of Cashmere
Comprehensive Land Use Plan;
Shoreline Master
Program of the City;
City of Cashmere
Comprehensive Water System Plan;
City of Cashmere
Comprehensive Sewer Plan;
CMC Title 5,
Business Taxes, Licenses and Regulations;
CMC Title 8, Health
and Safety;
CMC Title 12,
Streets, Sidewalks and Parks;
CMC Title 13,
Public Utilities;
CMC Title 14,
Development Code Administration;
CMC Title 15,
Buildings and Construction;
CMC Title 16,
Subdivisions;
CMC Title 17,
Zoning.
E.Except for
permits and variances issued pursuant to Chapter 15.40
CMC, Shoreline Master Program, when any proposal or action
not requiring a decision of the Cashmere city council is
conditioned or denied on the basis of SEPA by a
non-elected official, the decision shall be appealable to
the Cashmere city council. Such appeal may be perfected
by the proponent or any aggrieved party by giving notice
to the responsible official within 10 days of the decision
being appealed. Review by the Cashmere city council shall
be on a de novo basis. (Ord. 936 Exh. A, 1999).
18.04.210 Appeals.
A.The city
establishes the following administrative appeal procedures
under RCW 43.21C.075 and WAC 197-11-680:
1.Appeal of the
intermediate steps under SEPA (e.g., lead agency
determination, scoping, draft EIS adequacy) shall not be
allowed.
2.Appeals on SEPA
procedures shall be limited to review of a final threshold
determination and final EIS. These appeals may occur
prior to an agency’s final decision on a proposed action.
3.There shall be
provided only one administrative appeal of a threshold
determination or of the adequacy of an EIS; successive
administrative appeals on these issues within the city are
not allowed. This limitation does not apply to
administrative appeals before another agency.
4.Except as
provided in subsection (A)(5) of this section, the appeal
shall consolidate any allowed appeals of procedural and
substantive determinations under SEPA with a hearing or
appeal on the underlying governmental action in a single
simultaneous hearing before on hearing officer or body.
The hearing or appeal shall be one at which the hearing
officer or body will consider either the agency’s decision
or a recommendation on the proposed underlying
governmental action. For example, an appeal of the
adequacy of an EIS must be consolidated with a hearing or
appeal on the agency’s decision or recommendation on the
proposed action, if both proceedings are allowed in agency
procedures. If an agency does not provide for a hearing or
appeal on the underlying governmental action (either a
hearing on the agency’s recommendation or an agency
appeal hearing after the decision is made), the agency may
not hold a SEPA administrative appeal, except as allowed
under subsection (A)(5) of this section.
5.The following
appeal of SEPA procedural or substantive determination
need not be consolidated with a hearing or appeal on the
underlying governmental action:
a.An appeal of a
determination of significance;
b.An appeal of a
procedural determination made by the city when the city
is a project proponent, or is funding a project, and
chooses to conduct its review under SEPA, including any
appeals of its procedural determination, prior to
submitting an application for a project permit. Subsequent
appeals of substantive determinations by an agency with
jurisdiction over the proposed project shall be allowed
under SEPA appeal procedures of the agency with
jurisdiction;
c.An appeal of a
procedural determination made by an agency of a
nonproject action; and
d.An appeal to the
local legislative authority under RCW 43.21C.060 or other
applicable state statutes.
6.Because RCW
36.70B.110 applies to the city of Cashmere, and because
the city is providing for an administrative appeal, any
such appeal of a procedural or substantive determination
under SEPA issued at the same time as the decision on a
project action shall be filed within 14 days after a
notice of decision under RCW 36.70B.130 or after other
notice that the decision has been made appealable. In
order to allow pubic comment on a DNS prior to requiring
an administrative appeal to be filed, this appeal period
shall be extended for an additional seven days if the
appeal is of a DNS for which public comment is required
under this chapter or under city rules adopted under SEPA.
For threshold determinations issued prior to a decision on
a project action, an administrative appeal allowed by the
city shall be filed within 14 days after notice that the
determination has been made and is appealable. Nothing in
this subsection alters the requirement of subsection (4)
or (5) of this section.
B.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.
C.The procedural
determination by the city’s responsible official shall
carry substantial weight in any appeal procedure.
D.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. 936 Exh. A, 1999).
18.04.220 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 or county auditor, applicant or proponent pursuant
to RCW 43.21C.080. (Ord. 936 Exh. A, 1999).
18.04.230 Definitions.
This part contains
uniform usage and definitions of terms under SEPA. The
city adopts the following sections by reference, as
supplemented by WAC 173-806-040:
WAC
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.
197-11-722
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.
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
Nonproject.
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
Significant.
197-11-794
Significant.
197-11-796
State agency.
197-11-797
Threshold determination.
197-11-799
Underlying governmental action.
(Ord. 936 Exh.
A, 1999).
18.04.240 Categorical exemptions.
The city adopts by
reference the following rules for categorical exemptions,
as supplemented in this chapter and except as otherwise
set forth in this chapter, including WAC 173-806-070,
Flexible Thresholds, WAC 173-806-080, Use of Exemptions,
and WAC 173-806-190, Critical Areas:
WAC
197-11-800
Categorical exemptions.
197-11-880
Emergencies.
197-11-890
Petitioning DOE to change exemptions.
(Ord. 936 Exh.
A, 1999).
18.04.250 Agency compliance.
This section
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 area, listing agencies with environmental
expertise, selecting the lead agency, and applying these
rules to current agency activities. The city adopts the
following sections by reference, as supplemented by WAC
173-806-050 through 173-806-053 and CMC 18.04.260, Fees.
WAC
197-11-900
Purpose of this part.
197-11-901
Agency SEPA policy.
197-11-916
Application of ongoing actions.
197-11-920
Agencies with environmental expertise.
197-11-921
Lead agency rules.
197-11-926
Lead agency for governmental proposals.
197-11-927
Lead agency for public and private proposals.
197-11-930
Lead agency for private project 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 city.
197-11-934
Lead agency for private projects requiring licenses from a
local agency, not a 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.
(Ord. 936 Exh.
A, 1999).
18.04.260 Fees.
The city shall
adopt, by resolution, a schedule of fees for its
activities in accordance with the provisions of this
chapter:
A.Threshold
Determination. For every environmental checklist which
does not require public notice, which the city reviews as
lead agency, the city shall collect a fee as specified by
resolution from the proponent of the proposal prior to
undertaking the threshold determination. For every
environmental checklist which requires public notice, an
additional advertising fee set by resolution shall be
added to initial fees for each public notice which is
required. Additional advertising fees shall be collected
for draft EIS, final EIS notice, supplemental notice,
public hearing notice for an EIS hearing which is not
included in the DEIS notice and public notice for any
appeal of a DS, DNS or FEIS. All fees shall be collected
prior to initiation of any phase of the environmental
review process. All fees may be incorporated in the
quarterly billing for expenses in the case of an
environmental impact statement. The time periods provided
by this chapter for making a threshold determination
shall not begin to run until payment of the fees are
received. When the city assists with the environmental
checklist at the applicant’s request or under CMC
18.04.110, an additional fee, specified by resolution
shall be collected.
B.Environmental
Impact Statement and Mitigated DNS.
1.When the city is
the lead agency for a proposal requiring an EIS or a
mitigated DNS and the responsible official determines that
the document shall be prepared by employees of the city,
the city may charge and collect a reasonable fee from any
applicant to cover costs incurred by the city in preparing
the document. The responsible official shall advise the
applicant(s) of the projected costs for the documents
prior to actual preparation; the applicant shall post bond
or otherwise ensure payment of such costs.
2.For all proposals
requiring an EIS or a mitigated DNS in which the city is
the lead agency and for which the responsible official
determines that an EIS or mitigated DNS shall be prepared,
an initial fee set by resolution plus an additional amount
equal to the actual cost of staff time and expenses
incurred in supervision of the preparation of the
document, shall be charged to the proponent on a monthly
basis; provided, that such total fee shall not exceed
$20,000 without express authorization from the city
council.
3.The responsible
official may determine that the city will contract
directly with a consultant for preparation of an EIS, or a
mitigated DNS, or a portion thereof, for activities
initiated by some persons or entity other than the city
and may bill such costs and expenses directly to the
applicant. The city may require the applicant to post bond
or otherwise ensure payment of such costs. Such
consultants shall be elected by mutual agreement of the
city and applicant after a call for proposals.
4.If a proposal is
modified so that an EIS or mitigated DNS is no longer
required, the responsible official shall refund any fees
collected under subdivision 1 or 2 of this subsection
which remain after incurred costs are paid.
C.The city shall
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.
D.The city shall
not collect a fee for performing its duties as a
consulted agency.
E.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. 936 Exh. A,
1999).
18.04.270 Forms.
The city adopts the
following forms and sections by reference:
WAC
197-11-960
Environmental checklist.
197-11-965
Adoption notice.