HomeMy WebLinkAbout2005-050 State Environmental Policy Act (SEPA) Ordinance Amendment ORDINANCE NO 2005- 50
AN ORDINANCE relating to the City of Yakima's local ordinances pertaining to
environmental review required under the State Environmental
Policy Act ( "SEPA ") and revising and amending sections of
Chapter 6.88, Yakima Municipal Code
WHEREAS, the City of Yakima has identified its local procedures for
environmental review under the State Environmental Policy Act, Chapter 43.21C RCW,
as Yakima Municipal Code Chapter 6.88, and
WHEREAS, said local procedures have not undergone a comprehensive review
and assessment since their original codification in 1984, and
WHEREAS, the City Council finds that such local procedures should be adopted
in the form attached hereto in order to update the City's environmental review process
to provide for more current, predictable, and efficient local administration of the State
Environmental Policy Act, and
WHEREAS, the City Council finds that it is in the best interest of the City to
enact the following; now therefore:
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1. Chapter 6.88 of the Yakima Municipal Code is hereby revised and
amended to read as follows
Chapter 6.88 ENVIRONMENTAL POLICY
Part I. Authority
6.88.010 Authority
The cityCzty of Yakima adopts the ordinance codified in this chapter under the State
Environmental Policy Act (SEPA)), RCW 43.21C 120, and the SEPA rules, WAC 197 -11-
904.
This chapter contains this city's SEPA procedures and policies.
The ordinance codified in this chapter adopts many- of the statewide SEPA rules, WAC
by reference. This chapter contains this City's SEPA procedures and implements the
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purposes and policies of SEPA pursuant to RCW 43.21C.010 and 43.21C 020, which are
adopted by reference.
The SEPA rules, Chapter 197 -11 mustWAC should be usedreferred to in conjunction
with this chapter
Part II. 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 ertyCity
adopts the following sections of Washington Administrative Codc Chaptcr 197 lithe
SEPA rules by reference, as supplemented by this part:
WAC 197 - 11 - 040 Definitions.
WAC 197 - 11 - 030 Policy
WAC 197 -11 -050 Lead agency
WAC 197 -11 -055 Timing of the SEPA process.
WAC 197 -11 -060 Content of the-environmental review.
WAC 197 -11- 070 — _Limitations on actions during SEPA process
WAC 197 -11 -080 Incomplete or unavailable information.
WAC 197 - 11 - 090 Supporting documents.
WAC 197 - 11 - 100 Information required of applicants.
WAC 197 -11 -158 GMA project review -- reliance on existing plans, laws, and
regula bons.
WAC 197 -11 -164 Planned actions -- definitions and criteria.
WAC 197 -11 -168 Ordinances or resolutions designating planned actions -- procedures
for adoption.
WAC 197 - - 172 Planned actions -- project review
WAC 197 -11 -210 SEPA /GMA integration.
WAC 197 -11 -220 SEPA /GMA definitions
WAC 1.97 -11 -228 Overall SEPA /GMA integration procedures
WAC 197 -11 -230 Timing of an integrated SEPA /GMA process.
WAC 197 -11 -232 SEPA /GMA integration procedures for preliminary planning,
environmental analysis, and expanded scoping.
WAC 197 -11 -235 Documents
WAC 197 -11 -238 Monitoring
WAC 197 -11 -250 SEPA /Model Toxics Control Act integration.
WAC 197 -1.1 -253 SEPA lead agency for MTCA actions.
WAC 197 -11 -256 Preliminary evaluation.
WAC 197 -11 -259 Determination of nonsifnlificance for MTCA remedial action.
WAC 197 -11 -262 Determination of significance and EIS for MTCA remedial actions.
WAC 197 -11 -265 Early scoping for MTCA remedial actions.
WAC 197 -11 -268 MICA interim actions.
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6 88 030 Additional definitions.
In addition to those definitions contained within 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.
1 "Department" means any division, subdivision or organizationorganizational
unit of the eityCity established by ordinance, rule or order
2. "SEPA rules" means WAC Chapter 197 -11 as adopted, revised, or amended by
the Department of Ecology of the state of Washington.
3 "! -" -- -- - - - - - -- = - - - - . -- •
to adopt regulatory requirements.
1. "Early notice" means the eitigsCity'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)._
4 "City " means the C11 \- of Yakima.
5 "City" means city of Yakima.
6. "Day" means workingcalendar day
6.88 040 Designation of responsible official.
A. For those proposals for which the eityCity is the lead agency, the responsible
official shall be the Yakima city manager, or the city manager's designee.
B For proposals initiated by the City, agency people carrying out SEPA procedures
should be different, whenever possible, from agency people initiating the proposal.
C. For all proposals for which the eityCity is the lead agency, the responsible official
shall make the threshold determination, supervise scoping and preparation of any
required environmental impact statement (EIS), and perform any other 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 in this chapter
D. The City shall retain all documents required by the SEPA rules and make them
available in accordance with Chapter 42.17 RCW
6.88 050 Lead agency determination and responsibilities.
A. The department within the e-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 050the applicable SEPA rules and 197 11 922 through 197
11- 940;supplemental provisions adopted in this chapter, 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
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B When the • ... ; -- : • . ea: . , -- =-=• - - -- - - -; --
application shall notify the responsible official who shall supervise compliance with the
preparation of thc EIS.
C. When thc cityCity is not the lead agency for a proposal, all departments of the
eityCity shall use and consider, as appropriate, either the DNS or the final EIS of the
lead agency in making decisions on the proposal. No ei-tyCity 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 eityCity may conduct
supplemental environmental review under WAC 197 -11 -600
DC. If the eityC.ty 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
ugh 197 11 940.the SEPA rules and supplemental provisions adopted in this
chapter, it may object to the determination. Any objection must be made to thc agency
originally making the determination and resolved within fifteen calendar daysseek
Department of Ecology resolution of recciptlead agency disputes according to the SEPA
rules and supplemental provisions of thc determination, or thc city must petition the
the fifteen calendar day time period. Any such petition on behalf of thc city may be
initiated only by thc responsible official. this chapter.
E. The responsible official is authorized to make agreement as to lead agency status
or shared lead agency duties in accordance with the SEPA rules and supplemental
provisions of this chapter.
F The res o.nsible official shall ret Lure sufficient information. from the a .licant to
identity which other agencies have jurisdiction over the proposal (that is. which
agencies require nonexempt hce.nses ?)
6.88 058 Additional timing considerations.
A. For nonexempt proposals where action by an advisory or decision making body
such as the Regional Planning Commission, hearings examiner, or City Council is
required, the DNS or final EIS for the proposal shall accompany the crty'sbe combined
with the Cit \ staff recommendation to the .. - • ; - -- . • : - : - . . • - •
body.advisory or decision making body
B If the eity'sCitv's only action on a proposal is a decision on a building permit or
other license that requires detailed project plans and specifications, the eityapplicant
may request in writing that the City conduct environmental review prior to subrrussion
of the detailed plans and specifications and the responsible official .may agree to such
request; provided, that adequate information }smust be furnished to the responsible
official pursuant to the SEPA rules and supplemental provisions of this chapter to allow
a threshold determination to be made
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C The optional DNS process in WAC 197-11-355 may be used to indicate on a
notice of application that the lead agency is likely to issue a DNS If this optional
process is used, a separate comment period on the DNS may not be required
6 88 060 SEPA/GMA Integration.
A. The Cit endorses the procedures for SEPA and Growth Management Act
integration as provided by the SEPA rules and any supplemental provisions adopted
pursuant to this part.
B The City endorses the procedures for environmental reviesN of GMA project
proposals as provided WAC 197-11-158 and any supplemental provisions adopted
pursuant to this part.
1 In reviewing the environmental impacts of a GMA project and niaking
threshold determination, the responsible official may determine that the requirements
for environmental analysis, protection, and mitigation measures m the City's
development regulations and comprehensive plan, and in other applicable local., state,
or federal laws or rules, provide adequate analysis of and mitigation for some or all of
the specific adverse environmental impacts of the project.
2. In making the determination under subsection (1) of this section, the responsible
official shall follow the SEPA rules contained in WAC 197-11-158
6.88 062 Planned actions.
A The City endorses the procedures in the SEPA rules adopted in this section for
project review as a "planned action" and will apply the provisions of WAC 197-11-164
through WAC 197-11-172 to projects that meet the criteria for planned action
environmental review under Chapter 43.21C 031 RCW
B. Whenever a •ro ect 170 osal meets the re.uirement and criteria for a 'lamed
action set forth in WAC 197-11-164 to -172, and the planned action ordinances of the
City, the responsible official shall not be required to issue a threshold determination or
require an EIS under the provisions of this chapter
C Nothing in this section limits the City from using this chapter or other applicable
law to place conditions on the project in order to mitigate impacts through the normal
local project review and permitting process.
Part III. Categorical Exemptions and Threshold Deterrrunations
6.88 065 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)
This part also contains rules for evaluating the impact of proposals not requiring an EIS.
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The c-i-tyCitt_ adopts the following sections of the SEPA rules by reference, as
supplemented mby this part.
WAC 197 -11 -300 Purpose of this part.
WAC 197 -11 -305 Categorical exemptions.
WAC 197 -11 -310 Threshold deterrrunation required.
WAC 197 -11 -315 Environmental checklist.
WAC 197 -11 -330 Threshold determination process.
WAC 197 -11 -335 Additional information.
WAC 197 -11 -340 Determination of nonsignificance_(DNS)
WAC 197 -11 -350 Mitigated DNS
WAC 197 -11 -355 Optional DNS process.
WAC 197 -11 -360 Determination of significance (DS) /initiation of scoping
WAC 197 -11 -390 Effect of threshold determination.
6.88 070 Flexible thresholds for categorical exemptions.
A. Effective April 7, 1986, 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)
a. Twenty dwelling units in the R -2, R -3, B -1, B -2, SCC, LCC, CBD, and CBDS
zoning districts.
b Four dwelling units in all other zoning districts,
2. For agricultural structures in WAC 197- 11- 800(1)(b)(ii)
a. Thirty thousand square feet in the SR. M -1 and M -2 zoning districts,
b Ten thousand square feet in all other zoning districts,
3 For office, school, commercial, recreational, service or storage buildings in WAC
197- 11- 800(1)(b)(iii)
a. Eight Neither more than eight thousand square feet tenor more than forty
parking spaces in the B -1 zoning district,
b TwclveNeither more than ten thousand square feet andnor more than forty
parking spaces in the B -2, SCC, LCC, CBD, CBDS, M -1 and M -2, zoning districts,
c. FourNeither more than four thousand square feet andnor more than twenty
parking spaces in all other zoning districts,
4. For parking lots in WAC 197- 11- 800(1)(b)(iv)
a. Forty parking spaces in the R -3, B -1, B -2, SCC, LCC, CBD, CBDS, M -1 and M -2
zoning districts,
b Twenty parking spaces in all other zoning districts,
5 For landfills and excavations in WAC 197 -11- 800(1)(b)(v)
a. Five hundred cubic yards in all zoning districts
6.88 080 Use of exemptions.
A.
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proposal is exempt, none of the procedural requirements of this chapter apply to the
proposal. The cityUpon receipt of an application for a proposal, and tor City - initiated
proposals, the responsible official shall determine whether the proposal is categorically.
exempt. This determination shall be made based on the definition of action (WAC 197 -
11 -704), the process for determining categorical exemption (WAC 197 -11 -305), and any
designation of environmentally sensitive or critical areas. The responsible official's
determination that a proposal is exempt shall be final and not subject to administrative
review If a proposal. is exempt, 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 depar4Ffientresponsible
official shall make certain the proposal is properly defined and shall identify the
governmental licenses required (WAC 197 11 060). If a proposal includes exempt and
C 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 chapter, except that
1 The responsible official 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 alternatives
2. A dcpartmcntD The responsible official 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 —an_
3. A dcpartmcntE The responsible official may withhold approval of an
exempt actions action 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.
A. 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 chapter
except, a,
B An environmental checklist is not needed'ffor the eityfollowing proposals.
1. Proposals where the City and applicant agree that an EIS is required,.,
2. . Proposals where SEPA compliance has been previously completed or
3. Proposals where SEPA compliance has been initiated by another agency
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C The e #yCity shall use the environmental checklist to determine the lead agency
and, if the eityCi tv is the lead agency, for making the threshold determination.
43,D For private proposals, the e4yCity will require the applicant to complete the
environmental checklist, providing assistance as the City determines necessary For
cityCity proposals, the department initiating the proposal shall complete the
environmental checklist for that proposal.
EE The ertyCity may require that it or a consultant of the City's choosing, and not
the private applicant, will complete all or part of the environmental checklist for a
private proposal if the eCity has technical information on a question or questions that
is unavailable to the private applicant., or it the applicant has provided inaccurate
information on previous proposals or on proposals currently under consideration.
D. For all proposals for which thc city is thc laid ag- - - - .. • . - : • .
the city shall make thc threshold deterrrunation pursuant to thc criteria and procedures
of WAC 197 11 310 through 197 11 340 subject to thc appeal procedures of Section
6.88.170 of this chapter.
6.88 100 Mitigated determination of nonsignificance (MDNS)
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 determination of
significance (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 departmentCi ty is lead agency; and
2. Precede the eit)gsCity's actual threshold determination for the proposal.
C The responsible official should respond to the request for early notice within
fifteen days.as soon as feasible after the time the Citv receives such a request The
response shall.
1 Be written,
2. State whether the eityCity currently considers issuance of a DS likely and, if so,
indicate the general or specific area(s)areas of concern that is /are leading the eityCity 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 shouldThe Ci ty may 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 eCity shall base its threshold determination
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on the changed or clarificdrevised proposal and should make the determination within
fifteen days of receiving the changed or clarified proposal:_
1 If the responsible official indicated specific mitigation measures in its response to
the request for early notice, and the applicant changed or clarifiedrevised the proposal
to include those specific mitigation measures, the responsible official shall issue and
circulate a DNS under WAC 197 -11- 340(2)
2. If the responsible official indicated areas of concern, but did not indicate specific
mitigation measures that would allow it to issue a DNS, the responsible official 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:, feasible and enforceable. For
example, proposals to "control noise" or "prevent stormwater runoff" are inadequate,
whereas proposals to "muffle machinery to X decibel" or "construct two hundred -foot
stormwater retention peftelponds 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 TheA mitigated DNS' DNS issued under WAC 197 -11- 340(2), rcquirerequires a
fifteen calendar day comment period and public notice, and no license or permit shall
be issued during that fifteen calendar day period._
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 c-4City
H. If the eitysCit\ 's tentative decision on a permit or approval does not include
mitigation measures that were incorporated in a mitigated DNS for the proposal, the
ciyCity should evaluate the threshold determination to assure consistency with WAC
197- 11- 340(3)(a) (withdrawal of DNS)
I. The cltylsCzty'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 e4yCity to consider the clarifications or changes in its threshold
determination.
Part IV Environmental Impact Statement (EIS)
6.88110 Purpose of this part and adoption by reference
This part contains the rules for preparing environmental impact statements. The
eityCl adopts the following sections of the SEPA rules by reference, as supplemented
by this part:
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WAC 197 -11 -400 Purpose of EIS
WAC 197 -11 -402 General requirements.
WAC 197 -11 -405 EIS types.
WAC 197 -11 -406 EIS timing
WAC 197 -11 -408 Scoping
WAC 197 -11 -410 Expanded scoping {Optional)
WAC 197 -11 -420 EIS preparation.
WAC 197 -11 -425 Style and size
WAC 197 -11 -430 Format.
WAC 197 -11 -435 Cover letter or memo
WAC 197 -11 -440 EIS contents
WAC 197 -11 -442 Contents of EIS on nonproject
WAC 197 11 proposals.
WAC 197 -11 -443 EIS contents when prior
WAC 197 11 nonproject EIS
WAC 197 -11 -444 Elements of the environment
WAC 197 -11 -448 Relationship of EIS to other
WAC 197 11 considerations.
WAC 197 -11 -450 Cost - benefit analysis.
WAC 197 -11 -455 Issuance of DEIS
WAC 197 -11 -460 Issuance of FEIS
6.88 120 Preparation of environmental impact statement (EIS) — Additional
considerations
A. The draft environmental impact statement (DEIS) and final environmental
impact statement (FEIS) or draft and final supplemental environmental impact
Gtatement (SEIS) shall be prepared by city staff, the applicant, or by a consultant
Selected by mutual consent of the city and the applicant. Preparation of draft and final
E1Ss and SEISs shall be under the direction of the responsible official Before the City
issues an EIS, the responsible official shall be satisfied that it complies IA ith this chapter
and Chapter 197 -11 WAC. The DEIS and FEIS or draft and final SEIS may be prepared
by City staff, the applicant, or by a consultant selected b\ the City or applicant.
B If the responsible official requires an EIS for a proposal and determines that
someone other than the e4,C.ity will prepare the EIS, the responsible official shall notify
the applicant immediately after completion of the threshold deternunation. The
responsible official shall also notify the applicant of the cit sCi tv's procedure for EIS
preparation, including approval of the D£1-Sdraft and Ffinal EIS prior to distribution.
BC The eityCity 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, provided, however, this does not apply to information the
eyCity may request under another ordinance or statute )
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C. In the event that an EIS is to be prcpar • :. • .: • • . - ... • . . .
retained by the private applicant, thc responsible official shall assure that the EIS is
prepared in a responsible manner and with appropriate methodolog . - - :: - • . -
official shall direct the areas search and examination to be undertaken, as well as the
organization of the resulting document.
a
responsible official may require a private applicant to provide data and information
which is not in thc possession of thc city relevant to any or all areas to be covered by the
EIS. (Ord. 2805 § 2 (part), 1984).
6.88 125 Additional elements.
The lead agency may include, in a :LEIS, DEIS or SETS, an analysis of any impact
determined to be relee ant to the agency's decision, whether or not required by the
provisions of this chapter and the SEPA rules. The inclusion of such analysis may be
based upon comments received during the scoping process Such additional analysis
shall not add to the criteria for threshold determinations or perform any other function
or purpose under this chapter
Part V Commenting
6.88 128 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 €iCity adopts the following sections of the SEPA rules by reference, as
supplemented mky this part:
WAC 197 -11 -500 Purpose of this part.
WAC 197 -11 -502 Inviting comment.
WAC 197 -11 -504 Availability and cost of environmental documents.
WAC 197 -11 -508 SEPA register
WAC 197 -11 -510 Public notice
WAC 197 -11 -535 Public hearings and meetings.
WAC 197 -11 -545 Effect of no comment.
WAC 197 -11 -550 Specificity of comments
WAC 197 -11 -560 FEIS response to comments.
WAC 197 -11 -570 Consulted agency costs to assist lead agency
6.88130 Public notice.
A. Whenever possible, the EyCity shall integrate the public notice required under
this section with existing notice procedures tor the City's nonexempt permits or
approvals required for the proposal.
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B Whenever the City issues a DNS under WAC 19741- 340(2) or a DS under WAC
197 -11- 360(3)1 the c-ftyCity shall give public notice as follows
1 If public notice is required for a non:exempt hcensepermit or approval, the notice
shall state whether a DS or DNS has been issued and when comments are due
2._ If no public notice is required for the permit or approval, the eityCity shall give
notice of the DNS or DS by
a. Posting the property, for site- specitic proposals,
b. Publishing notice in a newspaper of general circulation in this the county, city, or
general area where the proposal is located,, and in the city's official newspaper;
be Notifying the public or private groups which notified thc responsible official in
writing of thcirthat have expressed interest in a specificcerta1n proposal;
c. Notifying- or in the local news mcdia.type of proposal being considered.
3 Whenever the eityCity issues a DS under WAC 197 -11- 360(3), the eityCity shall
state the scoping procedure for the proposal in the DS as required in WAC 197 -11 -408
and in thc public notice..
BC .1.t a DNS is issued using the optional DNS process set forth in WAC 197 -11 -355,
the public notice requirements for a notice of application, as set forth in YM.0 Section
15 11.090, shall be required
Whenever the eityCity 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
1 Indicating the availability of the DEIS in any public notice required for a
nonexempt hccnsc;permit,
2. Posting the property, for site - specific proposals,
3 Pubhshing a-notice in a newspaper of general circulation in the county, city, or
general area where the proposal is located„ and in thc city's official newspaper;
14. Notifying the public or private groups whichthat have notified thc responsible
official in writing of theirexpressed interest in a specificcertaln proposal
or in the local news media.type of proposal being considered.
• - g notice procedures for the city's nonexempt permit(s) or approval(s)
required for thc proposal.E The City may require an applicant to complete the
public notice requirements for the applicant's proposal at the applicant's expense,
compensate the City for costs of carrying out the public notice requirements on behalf
of the applicant, or provide services or materials to assist the City in carrying out the
public notice requirements.
6.88 140 Responsible official to perform consulted agency responsibilities for the
eity,City.
A. The responsible official or designee shall be responsible for preparation of
written comments for the eityCitk in response to a consultation request prior to a
threshold determination, participation in scoping, anti or reviewing a DEIS
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B The responsible official or designee shall be responsible for the Erty'sCity's
compliance with WAC 197 -11 -550 whenever the c-ityCitt 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 City- departments
Part VI 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 the National Environmental Policy Act (NEPA) for
the eity'sCi t\ 's own environmental comphance The c yCit). adopts the following
sections of the SEPA rules by reference
WAC 197 -11 -600 When to use existing environmental documents
WAC 197 -11 -610 Use of NEPA documents.
WAC 197 -11 -620 Supplemental environmental impact statement -- Procedures.
WAC 197 -11 -625 Addenda -- Procedures.
WAC 197 -11 -630 Adoption -- Procedures.
WAC 197 -11 -635 Incorporation by reference — Procedures
WAC 197 -11 -640 Combining documents.
Part VII. SEPA and Agency Decisions
6.88 155 Purpose of this part and adoption by reference
This part contains the rules and policies) for the City to exercise 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 ei tyCi ty adopts the following sections by reference
WAC 197 -11 -650 Purpose of this part
WAC 197 -11 -655 Implementation.
WAC 197 -11 -660 Substantive authority and mitigation.
WAC 197 -11 -680 Appeals.
6.88160 Substantive authority
A. The policies and goals set forth in this chapter are supplementary to those in the
existing authorizationauthorizations of the c tyCitti
B The cityCity may attach conditions to a permit or approval for a proposal so long
as.
1 Such conditions are necessary to mitigate specific probable adverse
environmental impactimpacts identified in environmental documents prepared
pursuant to this chapter, and
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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 eityCity 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(E) of this
section and cited in the license or other decision document.
C The eityCity 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 FEIS or final SEIS
prepared pursuant to this chapter, and
2. A finding is made that there are no reasonable rrutigation 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(E) of this
section and identified in writing in the decision document.
D. If during project review the City determines that the requirements for
environmental analysis, protection, and mitigation m the City's development
regulations or comprehensive plan, or in other applicable local, state or federal laws or
rules provide adequate analysis of and mitigation tor the specific adverse
environmental impacts under RCW 43.21C.240, the City shall not impose additional
mitigation under this chapter
E. The eityCi ty designates and adopts by reference the following policies as the
basis for the eity'sCity's exercise of authority pursuant to this section: including the
conditioning or denying of proposals.
1 The eFtyCity 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
heritages,
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.
14
2. The eit 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 thc following eityCity codes,
ordinances, resolutions, and plans and other documents:_
a. Yakima urban are comprehensive planUrban Area Comprehensive Plan, with
amendments and supplements thereto
Zoning code (Title 15 Yakima Municipal Codc);
WAC 173 19 4706 (Shoreline Management);
Solid Waste Management Plan (Chaptcr 4.76 Yakima Municipal Code);
Comprehensive plan for the domestic water system of thc city of Yakima;
Litter Control (Chaptcr 6.86 Yakima Municipal Code); b Title 4 YMC, Health and
Sanitation
c. Title 5 YMC, Licenses and Business Regulation
d. Title 6 YMC, Public Safety and Morals
e Title 7 YMC, Public Services and Utilities
f Title 8 YMC, Streets and Sidewalks
g. Title 9 YMC, Traffic
li Title 10 YMC, Fire
i. Title 11 YMC, Buildings
Title 12 YMC, Development Standards
k. Title 13 YMC, Parks and Playgrounds
1. Title 14 YMC, Subdivisions
m. Title 15 YMC, Zoning
n. Title 16 YMC, Administration of Permit Regulations
o WAC 173-19-4706 (Shoreline Management), including the Yakima shorelines
mater program
V- Agreement for wastewater treatment and disposal service (dated February 23,
1976) as amended;
q Urban Yakima area regional planning agreement (dated January 25, 1977), as
amended;
r. Yakima urban area growth policy;
s. Annexation policy;
t. Outside utility service policy (Resolution No D- 1250, as amended);
u. Greenway Park development plan;
- ..: ! . -- . ; • • - ion (Chapter 11.58 Yakima Municipal Code).
of thc city council is conditioned or denied on the basis of SEPA by a nonelected official,
proponent or any aggrieved party by giving notice to the responsible official within ten
days of the decision being app alcd. Review by the city council shall be on a de novo
basis.
15
6.88 170 Appeals.
A. The city establishes the following administrative appeal procedures under RCW
43.21C.075 and WAC 197 11 680:It is the purpose ot this chapter to combine
environmental considerations with public decisions, and for this reason, anv appeal
brought under this chapter shall be linked to a specific governmental action. Appeals
under this chapter are not intended to create a cause of action unrelated to a specific
governmental action
1. Any agency or person may appeal the city's procedural compliance with Chapter
WAC 197 11 for issuance of thc following:
a. A final DNS: Appeal of thc city DNS must be made to the Yakima city council
within five days of thc date thc DNS is final;
b. A DS: The appeal must be made to the Yakima city council within five days of
thc date the DS is issued:
2. For any appeal undcr this subsection, thc city shall provide for a record that shall
consist of the follewingi
a. Findings and conclusions;
b. Testimony under oath; and
c. A taped or written transcript.
3. The procedural determination by the city's responsible official shall carry
• - - . ..:. • . - . ng.
B. The city shall give official notice undcr WAC 197 11 680(5) whenever it issues a
permit or approval for which a statute or ordinance establishes a time hmit for
commencing judicial appeal.
B The appellate procedures provided tor by 43.21C 060 RCW, which provides for
an appeal to a local legislative body of any decision by a non - elected official
conditioning or denying a proposal under authority of SEPA, are formally eliminated
The administrative appeal. procedures provided by this part shall be construed
consistently with 43.21 075 RCW, Chapter 36 70B RCW, and 197 -11 -680 WAC.
C Appeals under the provisions ot this part shall be limited solely to those actions
and /or determinations listed below No administrative appeals shall be allowed for
other actions and /or determinations taken or made pursuant to this chapter (such as
lead agency determination, a determination that a proposal is categorically exempt,
scoping, draft EIS adequacy, etc.)
1. Appeals of the responsible official's compliance with the provisions ot SEPA, the
SEPA rules, and this chapter with respect to the following.
a. Determination of nonsigni hcance,
b. Determination of significance.
D Except as provided in subsection (E) of this section, an appeal under this section
shall consolidate any available SEPA appeal with a hearing or appeal on the underlying
16
governmental action in a single simultaneous hearing before one 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. If no hearing or appeal on the underlying governmental action is
otherwise provided, then no SEPA appeal is allowed under this section, except as
allowed under subsection (E) of this section.
E. The appeal of a determination of significance need not be consolidated with a
hearing or appeal on the underlying gm ernmental action
F All SEPA appeals provided under this section shall be initiated by filing a
written notice of SEPA administrative appeal with th.e responsible official, accompanied
with the applicable appeal. tee.
1. The notice of appeal required by this section shall include, at a minimum.
a. The name and address of the party or agency tiling the appeal,
b. An identification of the specific proposal and specific SEPA actions, omissions,
conditions or determinations for which appeal is sought;
c. A statement of the particular grounds or reasons for the appeal
2. The responsible official shall arrange to conduct the SEPA appeal in conjunction
with a hearing or appeal on the underlying permit or approval, where required to
consolidate the SEPA appeal with a hearing on the underlying governmental action.
a SEPA appeals shall be initiated and conducted in the manner set forth below:
(1) An appeal to the issuance of a DNS or MDNS may be filed by any agency or
aggrieved person as follows.
(a) For proposals which may be approved by an administrative official without
public hearing, an appeal. shall be filed within 14 days after notice that the
determination has been made has been issued. Such SEPA appeal shall be heard in
conjunction with the appeal of the underlying permit or approval, where such appeal. is
allowed, provided, that if no administrative appeal of the underlying permit or
approval is otherwise provided tor, and consolidation is not required by subsection (D)
above, an appeal of the DNS shall be heard and decided in an open record hearing by
the hearing examiner The decision of the hearing examiner on the SEPA appeal shall
be final and not subject to further administrative appeal
(b) For proposals which may only be approved by open - record hearing or open -
record predecision hearing recommendation, an appeal shall be filed within 14 days
following the last day of any comment period required to be provided by this chapter,
or where no comment period is required, then within 14 days following the date of
issuance or adoption of the DNS, and shall be heard and decided in the open - record
hearing in conjunction with the decision or recommendation on the underlying
proposal The decision of the hearing examiner on the SEPA appeal shall be final and
not subject to further administrative appeal.
(c) An appeal. to a DS may be filed by the proposal. applicant or sponsor within 14
days of the issuance of the DS /scoping notice. The appeal shall be heard m an open -
record hearing and decided by the hearing examiner, whose decision shall be final and
not subject to further administrative appeal.
17
(d) The SEPA determination of the responsible official shall be entitled to substantial
weight, and the appellant shall bear the burden to establish a violation of SEPA, the
SEPA rules, or the provisions of this chapter.
(e) A SEPA determination shall be deemed to be conclusively in compliance with
SEPA, the SEPA rules, and the provisions of this chapter, unless a SEPA appeal is filed
in accordance with this part
(f) Where it is determin.ed that there exists a violation of SEPA, the SEPA rules, or
the provisions of this chapter, the hearing examiner may remand the SEPA
determmahon to the res. onsible official and in such e‘ en t shall continue the o.en
record hearing or open record predecisio.n hearing until such time as a new or modified
SEPA determination is issued under the provisions of this chapter The decision of the
hearing examiner to remand the SEPA determination shall be a final administrative
decision not subiect to further administrative appeal Where applicable, such remand
shall. toll an ieriod for )ro ect )ermit a royal. re tined b Cha - )ter 36 70B RCW or
other statutes, or otherwise required h other provisions of this code
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
G judicial appeal
1. Any available administrative appeal provided under this section must be utilized
by an agency or aggrieved person prior to initiating judicial review ot any SEPA action,
omission or determination made or taken under this chapter
2. A Judicial appeal ot any SEPA action, omission or determination made or taken
under this chapter must be filed within the time limitations established any statute
or ordinance for appeal of the underlying governmental action.
3 The City shall give otficial notice of the date and place for commencing a judicial
appeal, in accordance with 197-11-680(5) WAC, where there is a statute or ordinance
establishing a time limit for commencing judicial appeal
6.88 173 Notice/statute of limitations
A. The eityCity, 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 eityCi ty clerk, applicant or proponent
pursuant to RCW 43.21C 080
Part VIII. Definitions
6.88 175 Purpose of this part and adoption by reference
18
This part contains uniform usage and definitions of terms under SEPA. The eityCity
adopts the following sections of the SEPA rules by reference, as supplemented by
Section 6.88 059030 of this chapter
WAC 197 -11 -700 Definitions.
WAC 197 -11 -702 Act
WAC 197 -11 -704 Action.
WAC 197 -11 -706 Addendum.
WAC 197 -11 -708 Adoption.
WAC 197 -11 -710 Affected tribe
WAC 197 -11 -712 Affecting
WAC 197 -11 -714 Agency
WAC 197 -11 -716 Applicant.
WAC 197 -11 -718 Built environment.
WAC 197 -11 -720 Categorical exemption.
VVAC 1.97 -11 -710 Closed record appeal.
WAC 197 -11 -722 Consolidated appeal.
WAC 197 -11 -724 Consulted agency
WAC 197 -11 -726 Cost - benefit analysis.
WAC 197 -11 -728 County/eityCity
WAC 197 -11 -730 Decision maker
WAC 197 -11 -732 Department.
WAC 197 -11 -734 Determination of nonsignificance
WAC 197 11 (DNS)
WAC 197 -11 -736 Determination of significance (DS)
WAC 197 -11 -738 EIS
WAC 197 -11 -740 Environment.
WAC 197 -11 -742 Environmental checklist.
WAC 197 -11 -744 Environmental document.
WAC 197 -11 -746 Environmental review
WAC 197 -11 -748 Environmentally sensitive area
WAC 197 -11 -750 Expanded scoping
WAC 197 -11 -752 Impacts.
WAC 197 -11 -754 Incorporation by reference
WAC 197 -11 -756 Lands covered by water
WAC 197 -11 -758 Lead agency
WAC 197 -11 -760 License
WAC 197 -11 -762 Local agency
WAC 197 -11 -764 Major action.
WAC 197 -11 -766 Mitigated DNS
WAC 197 -11 -768 Mitigation.
WAC 197 -11 -770 Natural environment.
WAC 197 -11 -772 NEPA
19
WAC 197 -11 -774 Nonproject.
WAC 197 -1.1 -775 Open record hearing
WAC 197 -11 -776 Phased review
WAC 197 -11 -778 Preparation.
WAC 197 -11 -780 Private project.
WAC 197 -11 -782 Probable
WAC 197 -11 -784 Proposal.
WAC 197 -11 -786 Reasonable alternative
WAC 197 -11 -788 Responsible official.
WAC 197 -11 -790 SEPA
WAC 197 -11 -792 Scope
WAC 197 -11 -793 Scoping
WAC 197 -11 -794 Significant
WAC 197 -11 -796 State agency
WAC 197 -11 -797 Threshold determination.
WAC 197 -11 -799 Underlying governmental action.
Part IX. Categorical Exemptions
6.88 180 Adoption by reference.
The eityci ty adopts by reference the following sections of the SEPA rules for categorical
exempt-ions, as supplemented in this chapter, including Section 6.88 070 (Flexible
thresholds for categorical exemptions) and Section 6.88 080 (Use of exemptions)
WAC 197 -11 -800 Categorical exemptions
WAC 197 -11 -880 Emergencies.
WAC 197 -11 -890 Petitioning DOE to change exemptions.
WAC 197 -11 -908 Critical areas.
Part X. Agency Compliance
6.88 185 Purpose of this part and adoption by reference.
This part contains rules for agency comphance 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 cityCil adopts the following sections by
reference, as supplemented . • - : - ! ! - : - ; - ! . - : in this paitchapter
WAC 197 -11 -900 Purpose of this part.
WAC 197 -11 -902 Agency SEPA policies.
WAC 197 -11 -916 Application to ongoing actions.
WAC 197 -11 -920 Agencies with environmental expertise
WAC 197 -11 -922 Lead agency rules.
20
WAC 197 -11 -924 Determining the lead agency
WAC 197 -11 -926 Lead agency for governmental proposals
WAC 197 -11 -928 Lead agency for public and private proposals
WAC 197 -11 -930 Lead agency for private projects with one agency with jurisdiction.
WAC 197 -11 -932 Lead agency for private projects requiring licenses from more than one
agency, when one of the agencies is a county /city
WAC 197 -11 -934 Lead agency for private projects requiring licenses from a local
agency, not a county/ city, and one or more state agencies
WAC 197 -11 -936 Lead agency for private projects requiring licenses from more than one
state agency
WAC 197 -11 -938 Lead agencies for specific proposals.
WAC 197 -11 -940 Transfer of lead agency status to state agency
WAC 197 -11 -942 Agreements on lead agency status.
WAC 197 -11 -944 Agreements on division of lead agency duties
WAC 197 -11 -946 DOE resolution of lead agency disputes.
WAC 197 -11 -948 Assumption of lead agency status.
6.88.200 Fees.
A. Threshold Determination. For every environmental checklist the eityCity will
review when it is lead agency, the ertyOty shall collect a fee established in Section
15.26 010 of this code from the proponent of the proposal prior to undertaking the
threshold deterrrunation
B Environmental Impact Statement.
(1) When the eityCity is the lead agency for a proposal requiring an EIS and the
responsible official deterrrunes that the EIS shall be prepared by employees of the
eityCity, the crtyCi ty may charge and collect a reasonable fee from any applicant to
cover costs incurred by the c-4yCity in preparingprocessing the EIS The responsible
official shall advise the applicant(s) of thc projected costs for thc EIS prior to actual
preparation; the applicant shall post bond or otherwise cnsurc payment of such costs.
(2) The responsible official may determine that the eityCity 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 ei- tyCity and may bill such costs and expenses
directly to the applicant. The eityCity may require the applicant to post bond or
otherwise ensure payment of such costs. Such consultants shall be selected by mutual
agreement of the eityCity and applicant after a call for proposals._
(3) If a proposal is modified so that an EIS is no longer required, the responsible
official shall refund any fees collected under subdivisions (1) or (2) of this subsection
which remain after incurred costs are paid.
21
C The c-i- tyCity may collect a reasonable fee from an applicant to cover the cost of
meeting the public notice requirements of this chapter relating to the applicant's
proposal.
D The city shall not collect a fee for performing its duties as a consulted agency.
E. The cityCity may charge any person for copies of any document prepared under
this chapter, and for mailing the document, in a manner provided by RCW Chapter
42.17 RCW
6.88.205 Effective date
The effective date of this chapter is October 1, 1984.
6.88.220 Severability
If any provision of this chapter or its application to any person or circumstance is held
invalid, the remainder of this chapter, or the application of the provision to other
persons or circumstances, shall not be affected.
Part XI. Forms
6.88.230 Adoption by reference
The eityCztv adopts the following forms and sections of the SEPA rules by reference
WAC 197 -11 -960 Environmental checklist.
WAC 197 -11 -965 Adoption notice
WAC 197 -11 -970 Determination of nonsigmticance
WAC 197 11 (DNS)
WAC 197 -11 -980 Determination of significance and scoping notice (DS)
WAC 197 -11 -985 Notice of assumption of lead agency status
WAC 197 -11 -990 Notice of action. "
Section 2. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance is declared invalid or unconstitutional for any reason, such
decision shall not affect the validity of the remaining portions of this ordinance
Section 3 This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL at a regular meeting and signed and
approved this 6 day of September , 2005
/ I
Paul P George, Mayor
ATTEST
Karen S. Roberts, City Clerk
PUBLICATION DATE: 9 -9 -2005 EFFECTIVE DATE: 10 -9 -2005
22
City of Yakima, Washington
Division of Environmental Planning
REGIONAL PLANNING COMMISSION
PUBLIC MEETING
STAFF REPORT
August 10, 2005
City of Yakima 2005 SEPA Update ) Doug Maples
Community & Economic Development ) 575 -6262
SUMMARY OF RECOMMENDATION Staff recommends approval of the proposed SEPA
ordinance as presently amended.
FINDINGS
REQUESTING AGENCY. City of Yakima Department of Community & Economic
Development
AFFECTS. All environmental reviews conducted by the City of Yakima within its incorporated
boundaries.
PURPOSE. The purpose of this revision is to update Chapter 6 88 of the City of Yakima's
Municipal Code and help assure consistency with current state law
BACKGROUND. But for very minor changes, Chapter 6 88 of the Yakima Municipal Code
(Environment Policy) has not undergone a comprehensive revision since it was first adopted in
October of 1984 In the intervening 21 years, the state legislature has enacted numerous revisions
to the state's environmental regulations Many of these changes, which are already binding upon
the City of Yakima's environmental review processes, are not yet reflected in Yakima's
Municipal Code.
CHANGES. There are three types of changes reflected in this draft ordinance. The majonty of
the changes are those that are necessary to bring Yakima's local SEPA ordinance into
conformance with state regulations. These changes are generally of a technical nature and help
assure consistency between state and local SEPA regulations. These changes are noted by
strikeouts for deleted sections and under linings for added sections in the interhneated version of
the text.
The second change concerns the SEPA appeal process. Currently, several different types of
SEPA actions may be appealed to the Yakima City Council. The draft ordinance will require all
future SEPA administrative appeals to be heard by the City of Yakima Hearing Examiner This
1
City of Yakima, 2005
State Environmental
Policy Act Update
change will help to consolidate SEPA appeals with underlying permit appeals under one hearing
authority This change does not alter the availability of appeals to Superior Court.
The third substantial change pertains to the topic of categorical exemptions. For details on this
change, please see the revised ordinance The change both alters the level of thresholds for
categorical exemption applicability and also clanfies the manner in which certain exemptions
will be interpreted.
RPC AUTHORITY. The reviewing authority of the Yakima Regional Planning Commission is
found in Chapter 1 42 YMC For the most part the RPC is charged with advising the City
Council on changes to the City's Comprehensive Plan, Title 14 YMC Subdivision and Title 15
YMC Zoning. Yakima's SEPA regulations are found in Chapter 6 88 YMC, and are therefore
outside the formal purview RPC However, because the majority of SEPA analysis involves land
use matters, and as part of the City of Yakima's effort to invoke early and continuous public
input, you are being requested to review and advise on this ordinance revision.
STATE ENVIRONMENTAL POLICY ACT.
On August 10, 2004 the City of Yakima issued a Declaration of Nonsignificance for
environmental checklist #18 -04 The 20 -day comment period preceded the issuance of this DNS
and no comments received. No appeals were filed during the 15 -day appeal period.
PUBLIC NOTICE.
Public notice of this meeting is not required under the notice provisions of the Municipal Code
CONCLUSIONS.
1 The Regional Planning Commission is an advisory body to the Yakima City Council on land
use matters.
2. The proposed ordinance does not conflict with the goals and objectives of The Yakima Urban
Area Comprehensive Plan, Yakima Subdivision Ordinance, or Urban Area Zoning Ordinance
3 SEPA review resulted in the issuance of a DNS on August 10, 2005
4 Public notice is not required for this advisory meeting. [I don't know about this — is this true?
Hasn't notice been given of the previous meetings? Why wouldn't there need to be public notice
of an open public meeting of the RPC ?]
RECOMMENDATION.
The Division of Environmental Planning recommends that this draft SEPA ordinance be
recommended for approval.
2
City of Yakima, 2005
State Environmental
Policy Act Update
NOTICE OF PUBLIC HEARING
Proposed Amendments to Chapter 6.88 of the Yakima Municipal Code
Environmental Policy (SEPA)
NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a public hearing
to consider amendments to Chapter 6 88 of the Yakima Municipal Code relating to the
City of Yakima's Environmental Policy (SEPA)
A draft ordinance outlining the amendments is available at the Planning Office in Yakima
City Hall, 129 North 2 " Street, Yakima, Washington A major amendment focuses on the
appeal process in Chapter 6 88 170, providing for the appeal of a determination of
significance to be heard by the hearing examiner rather than the City Council
Said public hearing will be held Tuesday, September 6, 2005, at 2:00 p m , or soon
thereafter, in the Council Chambers at the Yakima City Hall, 129 North 2 " Street,
Yakima, Washington All interested persons are invited to attend this hearing
Any citizen wishing to comment on the proposed changes in the ordinance is welcome to
attend the public hearing or contact the City Council in the following manner
1) Send a letter via regular mail to "Yakima City Council, 129 N 2 Street,
Yakima, Wa 98901'; or,
2) E -mail your comments to ccouncil @ci.yakima.wa us. Include in the e-mail
subject line, "SEPA Amendments Hearing "Please also include your name and
mailing address.
Dated this 23rd day of August, 2005
Karen S Roberts,
City Clerk
Please publish once only on Friday, August 26, 2005
CITY OF YAKIMA
PUBLIC HEARING WHAT Public Hearing on amendments to
SEPA (Environmental Policy)
r_ ^ Ordinance
WHEN Tuesday, September 6, 2005
(.0 2.00pm
• WHERE Yakima City Hall — Council Chambers
129 N 2nd Street, Yakima WA
One amendment focuses on the appeal process,
changing who hears the appeal from the City
Council to the Yakima Hearing Examiner
A draft ordinance is available at the Planning Office
at City Hall or call 575 -6183 for more information.
Please publish once on Tuesday, August 30, 2005
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No aZ a.
For Meeting of September 6, 2005
ITEM TITLE Public Hearing and Consideration of Ordinance to amend the
Environmental Protection (SEPA) Ordinance 6 88 of the Yakima
Municipal Code
SUBMITTED BY Krta R Cook, Director of Community and Economic
Development Department
CONTACT PERSON/TELEPHONE Doug Maples, Code Administration and Planning
Manager (509) 575 -6121
SUMMARY EXPLANATION
Staff has been working on updating the SEPA ordinance for over two years The
Ordinance was last updated in 1984 Over the last several months, staff has
received public comment at two public meetings before the Regional Planning
Commission
The State legislature, over the past 21 years, has regularly made changes to the
SEPA rules in RCW 43 21C and WAC 197 -11 Looking at the attached SEPA
ordinance there appear to be many changes The reason for the proposed
changes includes the following
Resolution Ordinance X Other (Specify) Attachment of staff report
to Regional Planning Commission
Contract Mail to (name and address)
Phone
Funding Source
APPROVED FOR SUBMITTAL. ' tit Manager
STAFF RECOMMENDATION Approve - amendments to the SEPA Ordinance 6 88
of the Yakima Municipal Code
BOARD /COMMISSION RECOMMENDATION The RPC public meetings were
informational only and also provided an opportunity for public participation No
recommendation was provided by the RPC since the SEPA ordinance is outside of
their authority
COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2005 -50
COUNCIL ACTION
• At the direction of City Council, the appeal process found in Section
6 88 170 has been changed to direct appeals of a Determination of
Significance (DS) to the Hearing Examiner This change will provide
consistency for all SEPA appeals Presently only the Determination of Non -
Significance (DNS) and Mitigated Determination of Non - Significance
(MDNS) go to the Hearing Examiner Therefore, the change to the appeal
process would have all of the legislative appeals heard by the Hearing
Examiner The Hearing Examiner's decision would be final but subject to
judicial appeal in Superior Court.
• The City's SEPA Ordinance, Section 6 88 070 establishes "Flexible
Thresholds for Categorical Exemptions" The State SEPA rules set a
minimum building square footage that triggers SEPA review Since 1984
the City has set the threshold for commercial buildings at 12,000 square
feet in B2, SCC, LCC, CBD, CBDS, M -1 and M -2 zoning districts Staff has
seen possible negative environmental impacts created by buildings between
10,000 and 12,000 square feet within these zoning districts Therefore, in
the update of this ordinance staff recommends a lower threshold limit of
10,000 square feet.
• Many of the other multiple changes found in the ordinance is a result of
updating our 1984 SEPA Ordinance to assure consistency with current state
law
The RPC public meetings were informational only and also provided an opportunity for
public participation No recommendation was provided by the RPC since the SEPA
ordinance is outside of their authority (See attached staff report to the RPC dated August
10, 2005 )