21.70.090 Categorical Exemptions, Threshold Determinations, and Enforcement of Mitigating Measures.
The City of Redmond adopts WAC 197-11-300 through 197-11-390, WAC 197-11-800 through 197-11-890, and WAC 197-11-908 and RCW 43.21C.410 as now existing or hereinafter amended, by reference, subject to the following:
A. Establishment of Thresholds for Categorically Exempt Actions. The following exempt threshold levels are hereby established pursuant to WAC 197-11-800(1)(c) for the exemptions in WAC 197-11-800(1)(b):
1. The construction or location of any single-family residential structures of 30 or fewer dwelling units;
2. The construction or location of any multifamily residential structures of 60 or fewer units;
3. The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering 40,000 square feet or less, to be used only by the property owner or his or her agent in the conduct of farming the property. This exemption shall not apply to feed lots;
4. The construction of an office, school, commercial recreational, service or storage building with 30,000 square feet or less of gross floor area, and with associated parking facilities designed for 90 or fewer automobiles;
5. The construction of a parking lot designed for 90 or fewer automobiles;
6. Any landfill or excavation of 1,000 cubic yards or less throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II, or III forest practice under RCW 76.09.050 or regulations thereunder; provided, that the categorical exemption threshold shall be 100 cubic yards for any fill or excavation that is in a critical area.
B. Critical Areas. The Shoreline Environments Map and the Critical Areas Maps adopted pursuant to RZC Chapter 21.64, Critical Areas Regulations, and the Redmond Comprehensive Plan designate the location of critical areas within the City and are adopted by reference. For each critical area, other than a seismic hazard and/or critical aquifer recharge area, the exemptions within WAC 197-11-800 that are inapplicable are 1, 2.e, 2.f, 6.d, 23.a through g, and 24.g and h. All other exemptions shall continue to apply within environmentally critical areas of the City.
1. Lands Covered by Water. Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped.
2. Treatment. The City shall treat proposals located wholly or partially within a critical area no differently than other proposals under this chapter, making a threshold determination for all such proposals. The City shall not automatically require an EIS for a proposal merely because it is proposed for location in an environmentally critical area.
C. Responsibility for Determination of Categorical Exempt Status. The determination of whether a proposal is categorically exempt shall be made by the Responsible Official.
D. Mitigation Measures. Modifications to a SEPA checklist or other environmental documentation that result in substantive mitigating measures being required shall follow one of the following processes:
1. The Responsible Official may notify the applicant of the requested modifications to the proposal and identify the concerns regarding unmitigated impacts. The applicant may elect to revise or modify the environmental checklist, application, or supporting documentation. The modifications may include different mitigation measures than those requested by the Responsible Official; however, acceptance of the proposed measures is subject to subsequent review and approval by that body.
2. The Responsible Official may make a Mitigated Determination of Non-Significance (MDNS), identifying mitigating measures. The MDNS may be appealed by the applicant pursuant to RZC 21.70.190, Appeals.
3. The Responsible Official may identify mitigating measures in a letter and mail that letter to the applicant. In writing, the applicant may acknowledge acceptance of these measures as mitigating conditions. The acknowledgement shall be incorporated into the application packet as supporting environmental documentation or as an addendum to the environmental checklist.
E. Enforcing Mitigation Measures. Pursuant to WAC 197-11-350(7), the City hereby adopts the following procedures for the enforcement of mitigation measures:
1. Incorporation of Representations Made by Applicant into MDNS or (Determination of Non-Significance) DNS and Approval. Representations made in the environmental checklist and supporting documentation shall be considered as the foundation of any decision or recommendation of approval of the action. As such, the Responsible Official relies on this documentation in making a decision on a proposal. Unless specifically revised by the Responsible Official or applicant, those statements, representations, and mitigating measures contained in the environmental checklist, application, supporting documentation, Environmental Impact Statement (EIS), and MDNS shall be considered material conditions of any approval. Mitigating measures shall only be included on an MDNS under the following circumstances:
a. When the Redmond Zoning Code does not provide adequate regulations to mitigate for an identified impact, AND, when any one of the following circumstances or combination of circumstances exists:
b. When such conditions are not specifically written in the environmental checklist, application, or supporting information,
OR
c. When the Responsible Official determines that the proposed conditions or representations contained within that information do not adequately address impacts from a proposal.
2. Modifications to a Proposal – Responsible Official May Withdraw Threshold Determination. If, at anytime, the proposal or proposed mitigation measures are substantially changed, or if proposed mitigation measures are withdrawn, then the Responsible Official shall review the threshold determination and, if necessary, may withdraw the threshold determination and issue a revised determination, including a Determination of Significance (DS), as deemed appropriate.
3. Enforcement of Mitigation Measures. Mitigation measures imposed as conditions of approval are enforceable through the enforcement provisions that regulate the proposal. (Ord. 2705; Ord. 2803; Ord. 3028)