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HomeMy WebLinkAbout1984-2805 ENVIRONMENTAL POLICY • ORDINANCE NO. 2805 AN ORDINANCE relating to public safety and morals; adopting a local en- vironmental policy and prescribing rules and procedures for implementing and enforcing that policy; adopting by reference certain provisions of Chapter 197-11 of the Washington Admln- istrative Code pertaining to the Washington State Environ- • mental Policy Act; repealing Chapter 6.88, "Environmental Policy" of the City of Yakima Municipal Code; enacting a new • Chapter 6.88, "Environmental Policy" of the City of Yakima Municipal Code; and declaring an emergency. WHEREAS, RCW Chapter 43.21 C, the State Environmental Policy Act, re- quires that cities in the State of Washington enact local legislation re- lating to environmental policy to be effective no later than October 1, 1984; but Washington Administration Code rules and a model ordinance to implement RCW •Chapter 43.21 C locally were promulgated according to a timetable which makes it necessary for this ordinance to become immediately effective in order to comply with the required effective date of October 1, 1984, and the City Council therefore finds and declares an emergency to exist so that this ordinance shall become effective immediately on its publication In accordance with the Yakima City Charter, and WHEREAS, the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, sets forth an environmental policy for Washington State and requires that the 411) environmental impacts of proposals be analyzed and, where appropriate, miti- gated, and WHEREAS, SEPA applies to state agencies, counties, and municipal and public corporations, and • WHEREAS, SEPA has been amended to require the State Department of Ecol- ogy to issue new uniform state-wide rules for carrying out SEPA, and • WHEREAS, the City of Yakima is required to adopt SEPA policies and procedures that are consistent with the SEPA Rules adopted by the Department of EcOlogy in Chapter 197-11-WAC and may adopt by reference any or all of the provisions of those Rules and the model ordinance adopted by the Department of.Ecology in Chapter 173-806-WAC, and WHEREAS, the City has provided public notice and opportunity for public comment as part of the process for adopting its SEPA's procedures and formal- ly designating its SEPA policies, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 6.88, "Environmental Policy", and each section thereof, of the City of Yakima Municipal Code are hereby repealed. ' Section 2. As the repeal by Section 1 of this ordinance becomes ef- fective, there is hereby reenacted Chapter 6.88, "Environmental Policy" and sections thereof, as a new chapter and new sections of the City of Yakima • Municipal Code, to read as follows: "CHAPTER 6.88 ENVIRONMENTAL POLICY • PART ONE AUTHORITY 6.88.010. Authority. The City of Yakima adopts this ordinance under the State Environmental Policy Act (SEPA) RCW 43.21C.120, and the SEPA rules, WAC 197-11-904. This ordinance contains this city's SEPA procedures and policies. The SEPA rules, chapter 197-11 WAC, must be used in conunction with this • ordinance. PART TWO GENERAL REQUIREMENTS 6.88.020. 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 of chapter 197-11 of the Washington Adminis- trative Code 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 the environmental review. 197-11-070 Limitations on actions during SEPA process. STLIV Al 197-11-080 Incomplete or unavailable information. 197-11-090 Supporting documents. 197-11-100 Information required of applicants. 6.88.030. Additional definitions. In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this ordin- ance, the following terms shall have the following meanings, unless the context indicates otherwise: (1) "Department" means any division, subdivision or organization unit of the City established by ordinance, rule, or order. (2) "SEPA rules" means chapter 197-11 WAC adopted by the Department of Ecology of the State of Washington. (3) "Ordinance" means the ordinance, resolution, or other procedure used by the city to adopt regulatory requirements. (4) "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). (5) "City" means City of Yakima. (6) "Day" means working day. 6.88.040. Designation of responsible official. (1) For those proposals for which the City is the lead agency, the responsible official shall be the. Yakima City Manager, or the City Manager's designee. (2) For all proposals for which the city is the lead agency, the res- ponsible official 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 are adopted by reference by Section 6.88.020 of this Chapter. 6.88.050. Lead agency determination and responsibilities. (1), 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 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. (2) When the city is the lead agency for a proposal, the department receiving the application shall notify the responsible official who shall Supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS. (3) When the city is not the lead agency for a proposal, all depart- ments 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. (4) If the city or any of its departments receives a lead agency deter- mination 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 calendar days of receipt of the determination, or the city must petition the department of ecology for a lead agency determina- tion under WAC 197-11-946 within the fifteen calendar day time period. Any such petition on behalf of the city may be initiated only by the responsible official. 6.88.058. Additional timing considerations. (1) For nonexempt pro- posals, the DNS or final EIS for the proposal shall accompany the city's staff recommendation to the'planning commission, or similar advisory body. (2) If the city's only action on a proposal is a decision on a building 11 110 permit or other license that requires detailed project plans and specifica- tions, the city may conduct environmental review prior to submission of the detailed plans and specifications provided that adequate information is furnished to the responsible official to allow a threshold determination to be made. STLIV A2 , - • PART THREE CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS 6.88:065. Purpose of this part and adoption by reference. This part contains the rules for deciding whether a proposal has a "probable Signifi- cant, adverse environmental impact" requiring an environmental impact state- ment (EIS). The city adopts the following sections by reference, as supple- 111 mented in this part: 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. 197-11-360 Determination of significance (DS)/initiation of scoping. 197-11-390 Effect of threshold determination. 6.88.070. Flexible thresholds for categorical exemptions. (1) The city establishes the following exempt levels for minor construction under WAC 197-11-800(1)(b) based on local conditions: (a) For residential dwelling units in WAC 197-11-800(1)(b)(i): • •(1) 20 dwelling units in the R-2,•R-3, R-M, B-1 and B-3 zoning districts. . (ii) 4 dwelling units in all other zoning districts. (b) For agricultural structures in WAC 197-11-800(1)(b)(ii): (i) 30,000 square feet in the B-3, M-1, M-2 and M-3 zoning dis- tricts. • (ii) 10,000 square feet in all other zoning districts. (c) For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iii): (i) 8000 square feet and 40 parking spaces in the B-1 zoning dis- trict. (ii) 12,000 square feet and 40 parking spaces in the B-2, B-3, M-2 and M-3 zoning districts. (iii) 4,000 square feet and 20 parking spaces in all other zoning districts. (d) For parking lots in WAC 197-11-800(1)(b)(iv): (i) 40 parking spaces in the R-3, R-M, B-1, B-2, B-3, M-1, M-2 and M-3 zoning districts. (ii) 20 parking spaces in all other zoning districts. (e) For landfills and excavations in WAC 197-11-800(1)(b)(v): (i) 500 cubic yards in all zoning districts. 6.88.080. Use of exemptions. (1) Each department within the city that receives an application for a license or, in the case of a city proposal, the department initiating the proposal, shall determine whether the license and/or the proposal is exempt. The department's determination that a pro- posal is exempt shall be subject to review by the responsible official. 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 envir- onmental checklist for an exempt proposal. (2) 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 JO exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department's consideration is exempt. (3) If . a proposal includes both exempt and nonexempt actions, the responsible official may authorize exempt actions prior to compliance with the procedural requirements of this ordinance, except that: (a) The responsible official shall not give authorization for: (i) Any nonexempt action; (ii) Any action that would have an adverse environmental impact; or (iii)Any action that would limit the choice of alternatives. (b) 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 STLIV A3 (c) 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. 6.88.090. Environmental checklist. (1) A completed environmental checklist (or a copy), substantially 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 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 making the threshold determination. (2) 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. (3) The city may require that it, and not the private applicant, will complete all or part of the the environmental checklist for a private pro- posal if the city has technical information on a question or questions that is unavailable to the private applicant. (4) For all proposals for which the City is the lead agency, the res- ponsible official of the City shall make the threshold determination pursuant to the criteria and procedures of WAC 197-11-310 through 340 subject to the appeal procedures of Section 6.88.170 of this Chapter. 6.88.100. Mitigated Determination of Nonsignificance (DNS). (1) 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 clarifica- tions of, the proposal made by the applicant. (2) An applicant may request in writing early notice of whether a Detetm ination of Significance (DS) is likely under WAC 197-11-350. The request must: (a) Follow submission of a permit application and environmental check- list for a nonexempt proposal for which the department is lead agency; and (b) Precede the city's actual threshold determination for the proposal. (3) The responsible official should respond to the request for early notice within fifteen (15) days. The response shall: (a) Be written; (b) State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that, is/are leading the city to consider a DS; and (c) 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. (4) As much as possible, the city should assist the applicant with 411 identification of impacts to the extent necessary to formulate mitigation measures. (5) 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: (a) If the responsible official 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 responsible official shall issue and circulate a DNS under WAC 197-11-340(2). (b) If the responsible official indicated areas of concern, but did not indicate a specific mitigation measures that would altos it to issue a DNS, the responsible official shall make the threshold determination, issuing a DNS or DS as appropriate. 111 110 (c) 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. (d) 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. (6) The mitigated DNS' issued under WAC 197-11-340(2), require a fif- teen calendar day comment period and public notice, and no license or'permit shall be issued during that fifteen calendar day period. STLIV A4 (7) 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. • (8) 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). • (9) The city's written response under subsection (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 FOUR ENVIRONMENTAL IMPACT STATEMENT (EIS) 6.88.110. 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: WAC 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. (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 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 -450 Cost- benefit analysis. 197 -11 -455 Issuance of DEIS. 197 -11 -460 Issuance of FEIS, 6.88.120. Pre.aration of Environmental Impact Statement (EIS) -- Addi- tional 'considerations. (1) The Draft Environmental Impact Statement (DEIS) and Final Environmental Impact Statement (FEIS) or draft and final Supple- • mental Environmental Impact Statement (SEIS) shall be prepared by city staff, the applicant, or by a consultant selected by mutual consent of 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. (2) 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 ordin- ance or that is being requested from another agency. (This does not apply to information the city may request under another ordinance or statute.) (3) In the event that an EIS is to be prepared by a private applicant IIP or a consultant retained by the private applicant, the responsible official shall assure that the EIS is prepared in an responsible manner and with appropriate methodology. The responsible official shall direct the areas search and examination to be undertaken, as well as the organization of the resulting document. (4) In the event that the responsible official or his designee is preparing the EIS, the responsible official may require a private applicant to provide data and information which is not in the possession of the city relevant to any or all areas to be covered by the EIS. STLIV A5 • PART FIVE COMMENTING 6.88.128. Adoption by reference. This part contains rules for con- sulting, 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. 197-11-502 Inviting comment, 197-11-504 Availability and cost of environmental documents. 197-11-598 SEPA register. 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. 6.88.130. Public notice. (1) 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: (a) If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due. (b) If no public notice is required for the permit or approval, the city shall give notice of the DNS or DS by: (i) Publishing notice in a newspaper of general circulation in this county, city or general area where the proposal is located, and in the City's official newspaper; (ii) Notifying public or private groups which notified the responsible official in writing.of their interest in a specific proposal; (iii)Notifying the local news media. (c) 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. (2) Whenever the city issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by: (a) Indicating the availability of the DEIS in any public notice re- quired for a nonexempt License; (b) Publishing a notice in a newspaper or general circulation in the county, city, or general area where the proposaL is located, and in the city's official newspaper; (c) Notifying pubLic or private groups which have notified the res- ponsibLe official in writing of their interest in a specific proposal; (d) Notifying the local news media. (3) Whenever possibLe, the city shall integrate the public notice rquired under this section with existing notice procedures for the city's nonexempt permit(s) or approval(s) required for the proposal. 6.88.140. Responsible officiaL to perform consulted agency responsibil- ities for the city. (1) The responsible official or designee shall be res- ponsible 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. (2) The responsibLe official or 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. PART SIX USING EXISTING ENVIRONMENTAL DOCUMENTS 6.88.150. Purpose of this part and adoption by reference. This part contains rules for 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 sections by reference: • STLIV A6 . ' WAC 197-11-600 When to use existing environmental documents. 197-11-610 Use of NEPA documents. 411 197-11-620 Supplemental environmental impact statement -- Procedures. 197-11-625 Addenda -- Procedures. 197-11-630 Adoption -- Procedures. 110 197711-635 Incorporation by reference 7- 197-11-640 Combining documents. PART SEVEN SEPA AND AGENCY DECISIONS 6.88.155. Purpose of this part and adoption by reference. This part contains 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: • WAC 197-11-650 Purpose of this part. 197-11-655 Implementation. • 197-11-660 Substantive authority and mitigation. 197-11-680 Appeals. • • 6.88.160. Substantive authority. (1)'The policies and goals set forth in this ordinance are supplementary to those in the existing authorization of the city. (2) The city may attach conditions to a permit or approval for a pro- posal_ so long as: (a) Such conditions are necessary to mitigate specific probable adverse environmental impact identified in environmental documents prepared pursuant to this ordinance; and (b) Such conditions are in writing; and (c) The mitigation measures included in such conditions are reasonable and capable of being accomplished; and • (d) The city has considered whether 'other local, state, or federal mitigation measures applied to the propOsal are sufficient to mitigate the identified impacts; and (e) Such conditions are based on one or more policies in subsection (4) of this section and cited in the license or other decision document. (3) The city may deny a permit or approval for a proposal on the basis of SEPA so long as: (a) A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final. SEIS prepared pursuant to this ordinance; and (b) A finding is made that there are no reasonable mitigation'measures capable of being accomplished that are sufficient to mitigate the identified impact; and (c) The denial is based on one or more policies identified in sub- section (4) of this section and identified in writing in the decision docu- ment. , (4) 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) 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: (i) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (ii) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings; (iii)Attain the widest range of beneficial uses of the environmental without degradation, risk to health or safety, or other undesirable and unintended consequences; (iv) Preserve important historic, cultural, and natural aspects of our national heritages; (v) Maintain, wherever possible, an environment which supports diver- sity and variety of individual choice; (vi) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and (vii)Enhance the quality of renewable resources and approach the maximum attainable 'recycling of depletable resources. STLIV A7 • (b) The city recognizes that each person has a fundamental and inalien- able right to a healthful environment and that each person has a responsibil- ity to contribute to the preservation and enhancement of the environment. • (c) The city adopts by reference the policies in the following city codes, ordinances, resolutions, plans and other documents: Yakima Urban Area Comprehensive Plan, with amendments and supple- ments thereto; Zoning Code (Title 12 Yakima Municipal Code); Sub- division Code (Title 14, Yakima Municipal Code); WAC 173-19-4706 (Shoreline Management); Solid Waste Management Plan (Chapter 4.76 Yakima Municipal Code); Comprehensive Plan for the Domestic Water System of the Cif)? of Yakima; Litter Control (Chapter 6.86 Yakima Municipal Code); Agreement for Wastewater Treatment and Disposal Service (dated February 23, 1976) as amended; Urban Yakima Area Regional Planning Agreement . (dated January 25, 1977), as amended; Yakima Urban Area Growth Policy; Annexation Policy; Outside Utility Service Policy (Resolution No. D-1250, as amended); Greenway Park Development Plan; Flood Damage Prevention (Chapter 11.58 Yakima Municipal Code). (5) Except for permits and variances issued pursuant to chapter WAC 173-19-4706 relating to shoreline management, 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 city council. Such appeal may be perfected by the propoenent or any aggrieved party by giving notice to the responsible official within ten days of the decision being appealed. Review*by the city council shall be on a de • novo basis. 6.88.170. Appeals. (1) The city establishes the following adminis- trative 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 city DNS must be made to the Yakima City Council within five (5) days of the date the DNS is final. (ii) A DS: The appeal must be made to the Yakima City Council within five (5) days of the date the DS is issued. (iii)An EIS:. Appeal of the city FEIS and substantive determination on the underlying action must be consolidated and must be made to the Yakima City Council within five (5) days of the date the permit or other approval is issued. (b) For any appeal under this subsection, the city shall provide for a record that shall consist of the following: (i) Findings and conclusions; (ii) Testimony under oath; and (iii)A taped or written transcript. (c) The procedural determination by the city's responsible official shall carry substantial weight in any appeal proceeding. (2) The city shall give official notice under WAC 197-11-680(5) when- ever it issues a permit or approval for which a statute or ordinance estab- lishes a time limit for commencing judicial appeal. 6.88.173. Notice/statute of limitations. (1) The city, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action. (2) 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, appli- cant or proponent pursuant to RCW 43.21C.080. PART EIGHT DEFINITIONS 6.88.175. 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 Section 6.88.050 of this Chapter. WAC • 197-11-700 Definitions. 197-11-702 Act. 197-11-704 Action. 197-11-706 Addendum. STLIV A8 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. 40 197 -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 -748 Environmentally sensitive area. 197 -11 -750 Expended 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 Scoping. . 197 -11 -794 Significant. • 197 -11 -796 State agency. 197 -11 -797 Threshold determination. 197 -11 -799 Underlying governmental action. PART NINE CATEGORICAL EXEMPTIONS • 6.88.180. Adoption by reference. The city adopts by reference the following rules for categorical exemptions, as supplemented in this Chapter, including Section 6.88.070 (Flexible thresholds) and Section 6.88.080 (Use of exemptions). WAC 197 -11 -800 Categorical exemptions. 197 -11 -880 Emergencies. • 197 -11 -890 Petitioning DOE to change exemptions. PART TEN AGENCY COMPLIANCE 6.88.185. Purpose of this part and adoption by reference. This part contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, 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, as supplemented by Sections 050 through 053 and this part: STLIV A9 • WAC • 197-11-900 Purpose of this part. 197-11-902 Agency SEPA policies. 197 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. 1.97-11-928 Lead agency for public and private. proposals. 1111 197-11-930 Lead agency for private projects with one agency with juris- diction. 197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies• in 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 state agency. 197-11-942 Agreements on lead agency status. 197-11-944 Agreements on division of Lead agency duties,. 197-117-946 DOE resolution of lead agency disputes. 197-11-948 Assumption of Lead agency status. 6.88.200 Fees (1) Threshold determination. For every environ- mental checklist the city will review when it is lead. agency, the city shall collect a fee of $50.00. (2) Environmental impact statement. (a) When the city is the lead agency for a proposal requiring an EIS and the. responsible official. determines that the EIS 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 EIS. 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 other- wise ensure payment of such costs. (b) The responsible official may determine that the city will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, 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 selected by mutual agreement of the city and appli- cant after a call for proposals. (c) 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) or this subsection which remain after incurred costs are paid. (3) The city may coLLect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this ordinance relating to the applicant's proposal. (4) The city shall not collect a fee for performing its duties as a consulted agency. (5) 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. 6.88.205. Effective date. The effective date of this ordinance is October 1, 1984. 6.88.220. SeverabiLity. If any provision of this Chapter or its appli- cation to any person or circumstance is held invalid, the remainder of this Chapter, or the application of the provision to other persons or circum- stances, shall not be affected. PART ELEVEN FORMS 6.88.230. Adoption by reference. The city adopts the following forms and sections by reference: WAC 197-11-960 Environmental checklist. 197-11-965 Adoption notice. STLIV A10 197 -11 -970 Determination of nonsignificance (DNS). 197 -11 -980 Determination of significance and scoping notice (DS). 197 -11 -985 Notice of assumption of lead agency. 197 -11 -990 Notice of action." . Section 3. This ordinance is one to provide for the immediate preser - vation of the public peace, property,, health, safety and welfare of the people of the City of Yakima and an emergency is hereby declared to exist and 4110 this ordinance shall be in full force and effect immediately upon its pas- sage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 25th day of Sep - tember, 1984. ( .- vim.. : MAYOR ATTEST: 4110 CITY CLERK Publication Date 9/27/84 Effective Date 9/28/84 STLIV All