HomeMy WebLinkAbout2494Ordinance No. 2494
(Amending or Repealing Ordinances)
CFN=786 - SEPA
Passed 10/1/1984
Adopt Sepa Rules & Procedures
Amended
by Ord.
3424
(Sec.
11.03 formerly Sec. 12.12A)
Amended
by
Ord.
3573
(Sec.
11.03.510 formerly Sec. 12.12A.510)
Amended
by
Ord.
3574
(Sec.
11.03.520 formerly Sec. 12.12A.520)
Amended
by
Ord.
3746
(Sec.
11.03.510)
Amended
by
Ord.
3976
(Sec.
11.03.200)
0
�Uor
ORDINANCE NO. c,�1
v
AN ORDINANCE of the City of Kent, Washington,
relating to Environmental Policy, adding a new
Chapter 12.12A Kent City Code to adopt SEPA rules
and procedures for the City of Kent; repealing
Chapter 12.12 KCC (Ordinance 1975).
WHEREAS, the State Environment Policy Act (SEPA), Chapter
43.21C RCW, sets forth an environmental policy for Washington State
and requires that the environmental impacts of proposals be
I
' analyzed and, where appropriate, mitigated; and
OP A) WHEREAS, SEPA applies to state agencies, counties, and
� JOA)
and public corporations; and
ICC, ia•�aP ��)
(D� or'(Pro(A)01 WHEREAS, SEPA has been amended to require the State Department
1p3 90of Ecology to issue new uniform statewide rules for carrying out
o�y KEG SEPA; and
WHEREAS, the City is required to adopt SEPA policies and
51O procedures that are consistent with the SEPA Rules adopted by the
Department of Ecology in Chapter 197-11 WAC and may adopt by
I reference any or all of the provisions of those Rules and the model
a $ ordinance adopted by the Department of Ecology in Chapter 173-806
D31 SID) WAC; and
E� SEC 1103 ,
WHEREAS, the City has provided public notice and opportunity
for public comment as part of the process for adopting its SEPA's
procedures and formally designating its SEPA policies; NOW,
THEREFORE,
THE CITY OF KENT, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. A new Chapter 12.12A Kent City Code is adopted as
follows:
ORDINANCE NO. c,�1
v
AN ORDINANCE of the City of Kent, Washington,
relating to Environmental Policy, adding a new
Chapter 12.12A Kent City Code to adopt SEPA rules
and procedures for the City of Kent; repealing
Chapter 12.12 KCC (Ordinance 1975).
WHEREAS, the State Environment Policy Act (SEPA), Chapter
43.21C RCW, sets forth an environmental policy for Washington State
and requires that the environmental impacts of proposals be
I
' analyzed and, where appropriate, mitigated; and
OP A) WHEREAS, SEPA applies to state agencies, counties, and
� JOA)
and public corporations; and
ICC, ia•�aP ��)
(D� or'(Pro(A)01 WHEREAS, SEPA has been amended to require the State Department
1p3 90of Ecology to issue new uniform statewide rules for carrying out
o�y KEG SEPA; and
WHEREAS, the City is required to adopt SEPA policies and
51O procedures that are consistent with the SEPA Rules adopted by the
Department of Ecology in Chapter 197-11 WAC and may adopt by
I reference any or all of the provisions of those Rules and the model
a $ ordinance adopted by the Department of Ecology in Chapter 173-806
D31 SID) WAC; and
E� SEC 1103 ,
WHEREAS, the City has provided public notice and opportunity
for public comment as part of the process for adopting its SEPA's
procedures and formally designating its SEPA policies; NOW,
THEREFORE,
THE CITY OF KENT, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. A new Chapter 12.12A Kent City Code is adopted as
follows:
CHAPTER 12.12A
ENVIRONMENTAL POLICY
12.12A.010. Purpose and Authority. The City of Kent adopts
this ordinance under the State Environmental Policy Act (SEPA), RCW
43.21C.120, and the SEPA Rules, WAC 197-11-904.
Part One: GENERAL REQUIREMENTS
12.12A.100. Purpose of this Part and Adoption by Reference.
This part contains the basic requirements that apply to the SEPA
process. The City adopts the following sections and subsections of
Chapter 197-11 of the Washington Administrative Code (WAC) by
reference:
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 action during SEPA
process.
197-11-080 Incomplete or unavailable
information.
197-11-090 Supporting documents.
197-11-100 Information required of applicants.
12.12A.110. Designation of Responsible Official.
A. For those proposals for which the City is the lead agency,
the responsible official shall be the Director of the Planning
Department, 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 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 WAC 173-806-020.
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.
- 2 -
12.12A.120. Lead Agency Determination and Responsibilities.
A. The department within the City 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 WAC 197-11-922 through WAC 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
Planning Director 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. The City
may conduct supplemental environmental review under WAC 197-11-600.
D. 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 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. Any such petition on behalf of the City may be initiated
by the Director of the Planning Department.
E. 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 197-944: PROVIDED, That the
responsible official and any department that will incur
responsibilities as the result of such agreement must approve the
agreement.
F. Any department 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 (that is: which agencies require nonexempt licenses).
- 3 -
12.12A.130. Timing Considerations: Categorical Exemptions -
Threshold Determinations. The following time limits (expressed in'1
calendar days) shall apply when the City processes licenses for all
private projects and those governmental proposals submitted to the
City by other agencies:
A. Categorical exemptions. The City shall identify whether
an action is categorically exempt within seven days of receiving
completed applications and site plans for any building or land use
permits.
B. Threshold determinations.
1. The City should complete threshold determinations
that can be based solely upon review of the environmental checklist
for the proposal within fifteen days of the date an applicant's
completed checklist and site plans are submitted.
2. When the responsible official requires further
information from the applicant or consultation with other agencies
with jurisdiction:
a. The City should request such further information
within fifteen days of receiving completed environmental checklist
and site plans;
b. The City should wait no longer than thirty days
for a consulted agency to respond;
C. The responsible official should complete the
threshold determination within fifteen days of receiving the
required information from the applicant or the consulted agency.
3. When the City must initiate further studies,
including field investigations, to obtain the information to make
the threshold determination, the City should complete the studies
within thirty days of receiving completed checklist and site plans.
4. The City shall complete threshold determinations on
actions where the applicant recommends in writing than an EIS be
prepared, because of the probable significant adverse environmental
impact(s) described in the checklist, within fifteen days of
receiving the completed checklist and site plans.
12.12A.140. Timing Considerations: Submission of DNS, DEIS,
FEIS.
A. For nonexempt proposals, the DNS or FEIS for the proposal
shall normally accompany the City's staff recommendations to the
Planning Commission or Hearing Examiner or Board of Adjustment.
The DEIS for a proposal may accompany the City's staff
recommendations when a hearing pursuant to WAC 197-11-535 is held.
B. For any nonexempt proposal, the applicant must submit a
4 -
completed environmental checklist, site plans and a description of,,
the proposal as a part of the development plan review process.
This should occur prior to the development plan review meeting and'
prior to the submittal of the permit application and detailed plans
and specifications. This provision supercedes WAC 173-806-058, and
shall constitute early environmental review.
Part Two: CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS
12.12A.200. Purpose of this Part and Adoption By Reference
This part contains the rules for deciding whether a proposal has a
"probable significant, adverse environmental impact" requiring an
environmental impact statement (EIS) to be prepared. This part
also contains rules for evaluating the impacts of proposals not
requiring an EIS, and rules applicable to categorical exemptions.
The City adopts the following sections by reference, as
supplemented in this ordinance:
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.
197-11-360 Determination of significance (DS)/initiation
of scoping.
197-11-390 Effect of threshold determination.
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions.
12.12A.210. 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(1)(b)(i): 12 dwelling units or less.;,
2. For agricultural structures in WAC
197-11-800(1)(b)(ii): 30,000 square feet or less.
- 5 -
3. For office, school, commercial, recreational, service
or storage buildings in WAC 197-11-800(1)(b)(iii): buildings of
12,000 sq. ft. or less and 40 or less parking spaces.
4. For parking lots in WAC 197-11-800(1)(b)(iv): 40 or
less parking spaces.
5. For fill and excavations in WAC 197-11-800(l)(b)(v):
500 cubic yards or less.
B. Whenever the City establishes new exempt levels under this
section, it shall send them to the Department of Ecology,
Headquarters Office, Olympia, Washington, under WAC
197-11-800(1)(c).
12.12A.220. 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 is exempt. The
department's determination that a proposal is exempt shall be final
and not subject to administrative review. If a proposal is exempt,
none of the procedural requirements of this ordinance 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
department shall make certain the proposal is properly defined and
shall identify the governmental licenses required (WAC
197-11-060). If a proposal includes exempt and nonexempt actions,
the department shall determine the lead agency, even if the license
application that triggers the department's consideration is exempt.
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 ordinance, 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
reasonable 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
i
action(s) were not approved.
12.12A.230. Environmental Checklist.
A. A completed environmental checklist (or a copy), in the
form provided in WAC 197-11-960, shall be filed prior to an
application for a permit, license, certificate, or other approval
not specifically exempted in this ordinance; 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 that
proposal.
C. The City may assist the applicant in completing the
environmental checklist for arivate proposal, if either of the
P P P
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.
12.12A.240. Mitigated DNS.
A. As provided in this section and in WAC 197-11-350, the
responsible official may issue a determination of nonsignificance
(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 an environmental checklist for a
nonexempt proposal for which the department is the lead agency and
include detailed site plans and a description of the proposal; and
2. Precede submission of a permit application and the
development plan review meeting; and
- 7 -
3. Precede the City's actual threshold determination fc;r
the proposal.
4. 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 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 indicates in writing specific mitigation
measures which will allow it to issue a DNS in its response to the
request for early notice, and the applicant changes or clarifies
the proposal to include those specific mitigation measures, the
City shall issue and circulate a determination of nonsignificance
under WAC 197-11-340(2). Provided, however, that this section
shall not be construed so as to interfere with the City Council's
ability to impose conditions on a project or application for which
it is the final decision maker.
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
stormwater runoff" are inadequate, whereas proposals to "muffle
machinery to X decibel" or "construct 200 foot stormwater 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. Mitigated DNS's issued under WAC 197-11-340(2), require 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
MEL-,=
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 (2) 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.
Part Three: ENVIRONMENTAL IMPACT STATEMENT (EIS)
12.12A.300. Purpose of this Part and Adoption by Reference.
This part contains the rules for preparing environmental impact
statements. The City adopts the following sections by reference,
as supplemented by this part:
197-11-400
Purpose of EIS.
197-11-402
General requirements.
197-11-405
EIS types.
197-11-406
EIS timing.
197-11-408
Scoping.
197-11-410
Expanded scoping.
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 contents.
197-11-442
Contents of EIS on nonproject proposals.
197-11-443
EIS contents when prior nonproject EIS.
197-11-444
Elements of the environment.
197-11-448
Relationship of EIS to other considerations.
197-11-455
Issuance of DEIS.
197-11-460
Issuance of FEIS.
12.12A.310. Preparation of EIS - Additional
Considerations.
A. Preparation of draft and final EIS's (DEIS and FEIS)
and draft and final supplemental EIS's (SEIS's) is the
responsibility of the Planning Department under the direction of
the responsible official. Before the City issues an EIS, the r
responsible official shall be satisfied that it complies with this,,
ordinance and Chapter 197-11 WAC.
B. The draft and final EIS or SEIS shall be prepared by
City staff, the applicant, a consultant selected by the City at the
applicant's request, or a consultant selected by the applicant with
confirmation of the Planning Department. The responsible official
shall notify the applicant of the City's procedure for EIS
preparation, including approval of the draft and final EIS 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 ordinance or that is
being requested from another agency. This does not apply to
information the City may request under another ordinance or statute.
12.12A.320. Using Existing Environmental Documents. The
rules for using and supplementing existing environmental documents
prepared under SEPA or the National Environmental Policy Act (NEPA)
for the City's own environmental compliance are contained in this
section. The City adopts the following sections by reference:
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 Incorporation by reference --Procedures.
197-11-640 Combining documents.
Part Four: COMMENTING
12.12A.400. Adoption by Reference 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:
- 10 -
197-11-500 Purpose of this Part.
197-11-502 Inviting comment.
197-11-504 Availability and cost of environmental
documents.
197-11-535 Public hearings and meetings.
197-11-545 Effect of no comment.
197-11-550 Specificity of comments.
197-11-560 FEIS response to comments.
197-11-570 Consulted agency costs to assist lead agency.
12.12A.410. Public Notice.
A. Whenever the City issues a DNS under WAC 197-11-340(2), a
DS under WAC 197-11-360(3), or any existing environmental document
as defined in Part 3, Section 12.12A.330, the City shall give
public notice as follows:
1. If public notice is required for a nonexempt action,
the notice shall state whether a DS or DNS has been issued and that
comments are due within 14 days.
2. If no public notice is required for the permit or
approval, the City shall give notice of the DNS or DS by as follows:
a. Posting the property for site specific proposals;
b. Publishing notice in a newspaper of general
circulation in the county, city, or general area where the proposal
is located; and
C. Notifying all parties of record, any individual,
or group which has appeared at a public hearing or submitted
comments on a certain proposal.
3. 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.
B. Whenever the City issues a draft EIS under WAC
197-11-455(5) or a supplemental EIS 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 the following
additional methods:
a. Posting the property, for site specific proposals;
b. Publishing notice in a newspaper of general
circulation in the county, city, or general area where the proposal
is located; and
C. Notifying any party of record, any individual or'
group which has appeared at a public hearing or have expressed
interest in a certain proposal;
C. 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.
D. If any costs are incurred beyond the initial notice of the
department's action, as provided in Section A.2. above, the City
may require an applicant to complete the public notice requirements
for the applicant's proposal at his or her expense.
12.12A.420. Designation of Official to Perform Consulted
Agency Responsibilities for the City.
A. The Director of the Planning Department 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, or reviewing a draft EIS.
B. The Director 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.
Part Five: SEPA AND AGENCY DECISIONS
12.12A.500. Purpose of this Part and Adoption by Reference.
This part contains the rules and policies for SEPA's substantive
authority, such as decisions to mitigate or reject proposals as a
result of SEPA. This part also contains procedures for appealing
SEPA determinations to agencies or the courts. The City adopts the
following sections by reference:
197-11-650 Purpose of this Part.
197-11-655 Implementation.
197-11-660 Substantive authority and mitigation.
197-11-680 Appeals.
12.12A.510. Substantive Authority.
A. The policies and goals set forth in this ordinance are
;supplementary to those in the existing authorization of the City of
- 12 -
i
Kent.
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 significant adverse environmental impacts identified in
environmental documents prepared pursuant to this ordinance; 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 laws or
regulations as provided in KCC 12.12A and subsection (D) below and
identified in writing 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 final EIS or final SEIS prepared pursuant to
this ordinance; 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) below and identified in writing in the
license or other decision document.
D. The City designates and adopts by reference the following
additional 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;
- 13 -
d. Preserve important historic, cultural, and
natural aspects of our national heritage;
e. Maintain, wherever possible, an environment which
supports diversity and 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; and
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, and resolutions:
a. Kent Citywide Comprehensive Plan (Resolution
817), and its specific components, including, but not limited to
the East Hill Plan (Resolution 972), the West Hill Plan (Resolution
1016), the Kent Central Business District Plan (Resolution 764) and
the Valley Floor Comprehensive Plan (Resolutions 873 and 924), as
amended.
b. Shoreline Master Program (Resolution 907).
C. City of Kent Surface Water and Drainage Plan (KCC
12.14).
d. Electrical or Communications Facilities -
Underground Requirements (KCC 7.10).
e. Transportation Master Plan (Resolution 1014).
f. Wastewater Facilities Master Plan (KCC 7.12).
g. Comprehensive Water Plan (Ordinances 2369 and
2329).
h. Construction Standards for Public Works (KCC
4.04) .
i. Street Use Permit Requirements (KCC 4.07).
j. Flood Hazard Protection (KCC 14.22).
k. Kent Subdivision Code (KCC 12.04).
1. Kent Mobile Home Park Code (KCC 12.08).
M. Valley Studies (as adopted in Resolutions 920,
921, 922, 923, and 924).
n. Noise Control (KCC 9.20).
o. State Building Code, together with the local
implementing ordinances (KCC Title 14).
p. State Fire Code, together with the local
- 14 -
implementing ordinances (KCC Title 13).
q. Kent Zoning Code (KCC Title 15).
r. Recreational Vehicle Park Code (KCC 12.06).
S. Water Shortage Emergency Regulations (KCC 9.24).
t. Kent Comprehensive Park & Recreation System Plan
(KCC 4.10 & KCC 4.12).
U. Kent Public Improvements Ordinance (KCC 4.14 &
KCC 4.18)
V. Storm Drainage Utility (Ordinance 2325).
W. Storm Drainage Policies (Resolutions 920 and 937).
X. Six Year Transportation Improvement Plan
(Resolution 1020).
y. Comprehensive Sewerage Plan (Resolution 915).
12.12A.520. Appeals.
A. Administrative Appeals.
1. Procedural Appeals. The City establishes the
following administrative appeal procedures under RCW 43.21C.075 and
WAC 197-11-680:
a. Any agency or person may appeal the City's
procedural compliance with Chapter 197-11 WAC for issuance of the
following:
i. A final DNS: Appeal of the DNS must be
made to the Hearing Examiner within ten days of the date the DNS is
final. Notice of the issuance of a final DNS shall be provided in
accordance with Section 12.12A.410.A.2.
ii. A DS: The appeal must be made to the
Hearing Examiner within ten days of the date the DS is issued.
Notice of the issuance of a DS shall be provided in accordance with
Section 12.12A.410 A.2.
b. The decision of the Hearing Examiner shall be
final, pursuant to RCW 45.21C.075(3)(a). No right to appeal the
decision of the Hearing Examiner is granted by this section.
C. The procedural determination by the City's
responsible official shall carry substantial weight in any appeal
proceeding.
2. Substantive Appeals. Except for permits and
variances issued pursuant to the City of Kent Shoreline Master
Program, Resolution 907, when any proposal or action not requiring
a decision of the City Council is conditioned or denied on the
basis of SEPA by a nonelected official, the decision shall be
appealable to the Hearing Examiner. Such appeal shall be pursuant
- 15 -
to Chapter 2.54 KCC. Appeals to the City Council from the Hearing
Examiner are governed by KCC 2.54.64.
3. No Other Appeal Provided. Except as provided in
subsection 1. and 2., above, or as otherwise provided by law, no
right to appeal is created by this section.
B. Judicial Appeals.
1. No right to judicial review or appeal, which does not
now exist, is created by this chapter. The decision by the City to
issue or deny nonexempt permits or licenses shall be final. A writ
of review must be sought within 14 days, if at all, by an aggrieved
party or person by application to the Superior Court of King
County. Pursuant to RCW 43.21C.075(5) and (6), such a writ
application shall include, or be amended within 30 days of the
issuance or denial of the permit or license to include, issues
relating to this chapter.
2. 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 review.
12.12A.530. Record on Appeal. Any judicial appeal under this
chapter shall be on the record. The City shall provide for a
record consisting of the following:
A. Findings and conclusions;
B. Testimony under oath; and
C. A taped or written transcript. The cost of providing a
taped or written transcript shall be borne by an appellant.
12.12A.540. Notice of Action.
A. The City, applicant, 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 the Responsible Official pursuant to RCW 43.21C.080.
An applicant's request for publication shall include payment of the
costs associated with such notice.
Part Six: DEFINITIONS
12.12A.600. Purpose of this Part and Adoption by Reference.
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.
- 16 -
r
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
Decisionmaker.
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.
197-11-748
Environmentally sensitive area.
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.
- 17 -
197-11-784
197-11-786
197-11-788
197-11-790
197-11-792
197-11-793
197-11-794
197-11-796
197-11-797
197-11-799
Proposal.
Reasonable alternative.
Responsible official.
SEPA.
Scope.
Scoping.
Significant.
State agency.
Threshold determination.
Underlying governmental action.
12.12A.610. Additional Definitions. In addition to those
definitions contained within WAC 197-11-700 through 799, when used
in this ordinance, the following terms shall have the following
meanings, unless the context indicates otherwise:
A. "Department" means any division, subdivision or
organizational unit of the City established by ordinance, rule, or
order.
B. "SEPA rules" means Chapter 197-11 WAC adopted by the
Department of Ecology.
C. "Ordinance" means the ordinance, resolution, or other
procedure used by the City to adopt regulatory requirements.
D. "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 DNS
procedures).
E. "Day" or "Calendar Day". In computing any period of time
prescribed or allowed by this ordinance, if the last day falls on a
Saturday, Sunday or legal holiday the period shall run until the
end of the next day which is not a Saturday, Sunday or legal
holiday.
F. "Site Plans" mean a vicinity map and two diagrams, one at
the original drawing size, and one not to exceed 8-1/2" x 14",
showing: north arrow; scale; any significant or natural features
such as creeks, wetlands, steep slopes; dimensions of the lot;
shape of the lot; location and size of existing and proposed
buildings and development; adjacent streets, and points of ingress
and egress.
18 -
Part Seven: AGENCY COMPLIANCE
12.12A.700. Purpose of this Part and Adoption by Reference.
This part contains rules for the City's compliance with SEPA,
including rules for charging fees, designating environmentally
sensitive areas, 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:
197-11-900
Purpose of this Part.
197-11-902
Agency SEPA policies.
197-11-916
Application to ongoing actions.
197-11-920
Agencies with environmental expertise.
197-11-922
Lead agency rules.
197-11-924
Determining the lead agency.
197-11-926
Lead agency for governmental proposals.
197-11-928
Lead agency for public and private
proposals.
197-11-930
Lead agency for private projects 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
county/city.
197-11-934
Lead agency for private projects
requiring licenses from a local agency,
not a county/city, and one or more state
agencies.
197-11-936 Lead agency for private projects
requiring licenses for 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.
- 19 -
12.12A.710. Responsibility of Agencies--SEPA Public
Information. The City shall retain all documents required by thee'
SEPA rules (chapter 197-11 WAC) and make them available in
accordance with chapter 42.17 RCW.
A. The following location constitutes the Kent's SEPA public
information center:
Planning Department
Kent City Hall
4th and Gowe Street
Kent, WA 980321-5895
Telephone: (206) 872-3390
B. All reasonable means will be used to make the existence
and location of the City's SEPA public information center known to
both the public generally and the employees of the City.
C. The SEPA public information center shall contain the
documents and provide the services required by this section.
12.12A.720. Fees. The City shall require the following fees
for its activities in accordance with the provisions of this
ordinance:
A. Threshold determination. For every environmental
checklist the City will review when it is lead agency, the City
shall collect a fee of $100.00 from the proponent of the proposal
prior to undertaking the threshold determination. The time periods
provided by this ordinance for making a threshold determination
shall not begin to run until payment of the fee, and receipt of the
checklist by the Planning Department. When the City completes the
environmental checklist at the applicant's request, an additional
fee shall be collected. This fee shall be based on the actual
preparation time and rate of salary and benefits for staff time.
B. Environmental impact statement.
1. When the City is the lead agency for a proposal
requiring an EIS and the EIS is 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 EIS. Costs
will be determined based upon the costs of staff assigned to the
preparation of the EIS, including hourly salary and benefits. The
responsible official shall advise the applicant(s) of the projected
costs for the EIS prior to actual preparation. The applicant shall
post bond or otherwise ensure payment of such costs.
2. The City may contract directly with a consultant for
the preparation of an EIS, or a portion of an EIS, at the request
- 20 -
x
of an applicant, or the applicant may contract with a consultant.
Consultants shall be selected by the City after a call for
proposals. Consultants will be selected by the applicant after
confirmation with the City.
3. If a proposal is modified so that an EIS is no longer
required, the responsible official shall refund any fees collected
under (a) or (b) of this subsection which remain after incurred
costs are paid.
C. The City shall not collect a fee for performing its duties
as a consulted agency.
D. The City may charge any person for copies of any document
prepared under this ordinance, and for mailing the document, in a
manner provided by chapter 42.17 RCW.
Section 2. Severability. If any provision of this ordinance
or its application to any person or circumstance is held invalid,
the remainder of this ordinance, or the application of the
provision to other persons or circumstances, shall not be affected.
Section 3. Chapter 12.12 KCC (Ordinance No. 1975) is hereby
repealed and any ordinance in conflict herewith is hereby
superceded by the provisions of this ordinance.
Section 4. Any act consistent with the authority and prior to
the effective date of this ordinance is hereby ratified and
confirmed.
Section 5. Effective Date. This ordinance shall take effect
and be in force five (5) days from and after its passage, approval
and publication as provided by law.
ATTEST;
MARIE JE N, CITY CLERK
ISABEL HOGAN, MAYOR
- 21 -
APPROVED AS TO FORM:
. STE EN DiJULIO, CITY ATTORNEY
t
PASSED the day of 1984.
APPROVED the ,day of IG -11- -- 1984.
PUBLISHED the day of L*�', 1984.
I hereby certify that this is a true copy of Ordinance
No. passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereon
indicated.
1400-70
(SEAL)
MARIE SEN, CITY CLERK
- 22 -