HomeMy WebLinkAboutITEM VIII-A-3
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 5908
Department: Planning and Attachments: Ordinance No. 5908
Community Development
Administrative Recommendation:
Date: April 4,2005
Budget Impact: Approx.
$5000/yr less permit revenue
City Council introduce and adopt Ordinance No. 5908
Background Summary:
The Washington State Environmental Policy Act (SEPA) Rules (WAC 197-11) allow cities to raise their
SEPA "Categorical Exemption" thresholds (i.e., the size of projects that require submittal of an
environmental checklist) according to local conditions. Other than for parking lots, the City of Auburn
currently uses the minimum threshold levels for establishing when a SEPA review is required.
As part of an on-going effort to achieve permitting efficiencies and provide better service to the public,
staff examined environmental (SEPA) cases for the five-year period of 2000-2004. During this period,
there were a total of 237 SEPA cases (approx. 47 per year). These include all types of actions, including
"non-project" items such as rezones, City Comprehensive Plan amendments, City utility plans and also
City construction projects. Approx. 25% (63) of the total number of SEPA cases can be characterized in
this manner. SEPA cases related to private development projects thus totaled 174 for the 5-year period
(approx. 35/yr). Were the higher exempt levels allowed by the SEPA Rules applied, 31 (18%) of those
projects would not have required a SEPA process. Not requiring a SEPA review would allow for quicker
project permitting and also allow staff to focus its energies on completing reviews of the larger projects in
a more timely fashion.
Staff further reviewed the types of "mitigation measures" that had been required for these 31 cases.
Approx. 1/3 of the cases did not require any mitigation. For those that did, staff determined there are now
adequate adopted regulations and/or development standards to address the types of impacts typically
addressed in the mitigation measures. Therefore, staff is recommending the Council raise the SEPA
categorical exemption thresholds to the highest level allowed by the SEPA Rules:
* up to 20 dwelling units
* up to 30,000 sq. ft. agricultural buildings
* up to 12,000 sq. ft. commercial projects
* up to 500 cubic yards of fill
(The threshold level for parking lots was raised from 20 to the maximum of 40 stalls in 2003 by Ordinance
5727). At their meeting on March 28, 2005, the Planning and Community Development Committee
recommended approval.
CC\ORD 5809
vlewe y ouncl
Arts Commission
Airport
Hearing Examiner
Human Services
Park Board
Planning Comm.
L0404-2
omml ees:
~UNCIL COMMITTE
Finance
Municipal Servo
PlanninQ. & CD
Public Works
Other
vlewe y
Building
Cemetery
Finance
Fire
Legal
Puõlic Works
03.7
s IVlslons:
M&O
Mayor
ParKs
Planning
Police
Human Resources
Action:
Committee Approval:
Council Approval:
Referred fo
Tabled
DYes DNo
DYes DNo
Call for Public Hearing _/_/_
Until / /
Until ~¡-
Staff: Krauss
Item Number: VIlI.A.3
Councilmember: Sin er
Meeting Date: April 4,2005
ORDINANCE NO. 59 0 8
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTION 16.06.055 OF THE AUBURN CITY CODE,
RELATING TO ENVIRONMENTAL REVIEW
CATEGORICAL EXEMPTIONS.
WHEREAS, pursuant to the Washington State Environmental Policy Act
(SEPA), RCW 43.21C, the City of Auburn is charged with reviewing the
environmental impact of development activity that occurs within the city; and
WHEREAS, the Washington State Department of Ecology has adopted
SEPA Rules (WAC 197-11) to guide local jurisdictions in implementation of
their requirements under SEPA; and
WHEREAS, the SEPA Rules grant the City the ability to raise the level
categorical exemptions above the minimum thresholds in order to reflect local
conditions, including zoning and other land use regulations; and
WHEREAS, the City Council finds there are adequate protE!ctions in
existing regulations and development standards to address the impacts of
minor new construction; and
WHEREAS, raising the categorical exemption levels will allow staff to
focus on more substantive developments within the city limits and expedite
review and permitting of minor new construction;
----------------
Ordinance No.
March 29, 2005
Page 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Section 16.06.055 of the City of Auburn Code is amended to
read as follows:
16.06.055 Categorical exemptions.
A. The city of Auburn adopts by reference WAC 197-11-300 and 197-11-800.
In addition thereto, Auburn establishes the following exempt levels for minor
new construction under WAC 197-11-800(1) based on local conditions:
1. For residential dwellinq units in WAC 197-11-800(1)(b)(j): Twentv
(20) dwellinq units or less.
2. For aqricultural structures in WAC 197-11-800(1)(b)(ii): Thirty
thousand (30.000) square feet or less.
3. For office. school. commercial. recreational. service or storaqe
buildinqs in WAC 197-11-800(1 )(b)(jjj): buildinqs of twelve thousand (12.000)
square feet or less and with associated Darkinq facilities desiqned for fortv or
less automobiles.
4-o-L. For parking lots in WAC 197-11-800(1)(b)(iv): 40 or fewer automobile
parking spaces.
5. For fill and excavations in WAC 197-11-800(1)(b)(v); Five hundred (500)
cubic vards or less.
~ ª,-Whenever the city establishes new exempt levels under this :section, it
shall send them to the Department of Ecology, Headquarters Office, Olympia,
Washington under WAC 197-11-800(1)(c).
Section 2. If any provision of this Ordinance or the application thereof to
any person or circumstance is held to be invalid, the remainder of such code,
ordinance or regulation or the application thereof to other person or
circumstance shall not be affected.
------------------------
Ordinance No. 5908
April 4, 2005
Page 2
Section 3. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 4. This Ordinance shall take effect and be in force five days
from and after its passage, approval, and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
Peter B. Lewis
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPRÔVED AS TO FORM:
//)1
i I i.
f 1.1 .
! I /
------------------------
Ordinance No. 5908
April 4. 2005
Page 3