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Ordinance 13-004 SEPA Regulations CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 13-004 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 21.20.040 TO ADOPT THE MAXIMUM STATE ENVIRONMENTAL PROTECTION ACT EXEMPTION LEVELS FOR NEW CONSTRUCTION ALLOWED BY WASHINGTON ADMINISTRATIVE CODE 197-11-800(1)(d), AND ADD CLARIFYING LANGUAGE TO SECTION 24.50.030; AND OTHER MATTERS RELATING THERETO. WHEREAS, on September 25, 2007, the City of Spokane Valley (City) adopted Spokane Valley Municipal Code(SVMC)Title 21,pursuant to Ordinance 07-015; and WHEREAS,on October 28, 2007, SVMC Title 21 became effective; and WHEREAS, on December 8, 2009, the City of Spokane Valley (City) adopted SVMC Chapter 24.50, Land Disturbing Activities, in its current form pursuant to Ordinance 09-033; and WHEREAS, on January 18,2010 SVMC Chapter 24.50 became effective; and WHEREAS, such regulations are authorized by RCW 36.70A,RCW 43.21C and WAC 197-11; and WHEREAS, the amendments set forth below are consistent with the goals and policies of the City's Comprehensive Plan; and WHEREAS, on February 22, 2013, March 1, 2013 and March 22, 2013 notice of the Planning Commission public hearing was published in the Valley News Herald; and WHEREAS, on February 28, 2013,the Planning Commission held a study session; and WHEREAS, on March 7, 2013, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106, providing a 60-day notice of intent to adopt amendments to the Spokane Valley Comprehensive PIan; and WHEREAS, SVMC 21.20.040 and 24.50.030, as amended, bear a substantial relation to the public health, safety and welfare and protection of the environment; and WHEREAS, on March 14, 2013, the Commission held a public hearing, received a staff report with a recommendation, but no additional public comment, followed by deliberations and provided a recommendation; and WHEREAS, on March 28,2013,the Commission approved the Findings and Recommendations; and WHEREAS, on April 9,2013, City Council reviewed the proposed amendment; and WHEREAS, on April 23, 2013, City Council considered a first ordinance reading to adopt the proposed amendment. NOW,THEREFORE,the City Council of the City of Spokane Valley do ordain as follows: Ordinance 13-004-SEPA Page 1 of 4 Section 1. Purpose. The purpose of this Ordinance is to amend SVMC 21.20.040 and 24.50.030. Section 2. Findings. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments and recommends approval of the amendments. The City Council hereby adopts the findings of the Planning Commission (see attached). Section 3. Spokane Valley Municipal Code 2120,040 is amended as follows: 21.20.040 Categorical exemptions. Categorical exemptions are set forth in WAC 197-11-800. A.Application.If a proposal fits within any of the exemptions set forth in this section,the proposal shall be categorically exempt from the threshold determination requirements of WAC 197-11-720, except as follows: 1. The proposal includes an activity that is not exempt under WAC 197-11-908, Critical areas; or 2. The proposal is a segment of a proposal that includes a series of actions,physically or functionally related to each other,some of which are categorically exempt and some of which are not; or 3. The proposal includes, or is a part of, a series of exempt actions that are physically or functionally related to each other and that together may have a probable significant adverse impact in the judgment of an agency with jurisdiction. B.Flexible Thresholds.The City adopts the following exempt levels for new construction pursuant to WAC 197-11-800(1)(c): 1. For single family residential dwelling units,up to 30 dwelling units. 2. For multifamily residential dwelling units, up to 60 units. 3. For barn, loafing shed, farm equipment storage,produce storage or packing structure buildings up to 40,000 square feet. 4.For office, school,commercial, recreational,service or storage buildings,up to 30,000 square feet of gross floor area and with associated parking facilities designed for up to 90 parking spaces. This exemption includes stand-alone parking lots. 5.For landfills and excavations,up to 1,000 cubic yards. C. Procedure,The agency or applicant may proceed with the exempt aspects of a proposal prior to conducting environmental review of the nonexempt aspects of a proposal; provided,that the requirements of WAC 197-11-070 are met. D. Written Findings. The lead agency is not required to document that a proposal is categorically exempt; however, the lead agency may note on an application that a proposal is categorically exempt or place such a determination in the agency's files. Section 4. Spokane Valley Municipal Code 24.50.030 is amended as follows: Ordinance 13-004 - SEPA Page 2 of 4 24.50.030 Engineered grading permits. A.Applicability. An engineered grading permit is required for the following land disturbing activities: 1. Grading in excess of 500 cubic yards; and 2. Excavations with cut slopes equal to or steeper than 2:1 (H:V) and heights greater than two and one-half feet; and 3. Excavations with cut slopes equal to or steeper than 10:1 (H:V) and heights greater than four feet; and 4. Fill slopes equal to or steeper than 2:1 (H:V) and heights greater than two and one-half feet; and 5.Fill slopes equal to or steeper than 10:1 (H:V)and heights greater than four feet; and 6. Grading in the floodplain; and 7. Grading in critical areas identified in the SVMC Title 21; and 8. Grading in a drainage channel; and 9. Grading to support a building or structure of a permanent nature; and 10. Grading associated with subdivisions pursuant to SVMC Title 20; and 11. Grading for engineered driveways, regardless of the amount of excavation or fill required for construction; and 12. Grading for all ponds, water features, and manmade lakes greater than 500 square feet in surface area; and 13. Major use permits and/or any other project likely to cause major land disturbances as determined by the City; and 14. Grading to support other engineering works such as, but not limited to, tanks, towers, machinery,retaining walls, and paving; and 15.Projects deemed to be a potential hazard. B. Exemptions. An engineered grading permit is not required for the following land disturbing activities: 1. Grading work already included in a building permit or land action application; 2. Grading work exempted per SVMC 24.50.020; and grading work not meeting the requirements of subsection A of this section. In this latter case, the grading would be considered regular grading. C. Engineered Grading Permit Submittal Requirements. The minimum documents required for permit application are as follows: 1. Completed permit application; 2. Two sets of all required plans stamped by a civil engineer licensed in the state of Washington; 3. Two sets of all required reports, specifications, and supporting information prepared and stamped by a civil engineer or geologist licensed in the state of Washington; 4. Plans shall demonstrate compliance with the provisions of this title, SVMC 22.130.040, Street standards, and all relevant laws, ordinances,rules, and regulations; 5. Temporary erosion and sediment control (TESC) plan. The TESC plan shall include all of the minimum elements specified in Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 9, and plan elements required in Chapter 4 of SVMC 22.130.040, Street standards, as applicable. The TESC plan may also be prepared by a certified erosion and sediment control technician. All erosion prevention and sediment control measures shall be maintained, including replacement and repair as needed. These minimum guidelines are not intended to resolve all project soil erosion conditions. The applicant is responsible for confining all soil on the project site and implementing additional measures as necessary to accommodate changing or unexpected site and weather conditions; 6. When required by SVMC 22.130.040, Street standards, Chapter 5, and/or the development services senior engineer, a geotechnical evaluation demonstrating compliance with SVMC 22.130.040, Street standards, Chapter 5; Ordinance 13-004-SEPA Page 3 of 4 7. Drainage report demonstrating compliance with Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 3; 8. When required by the development services senior engineer, an engineering geology report including an adequate description of the geology of the site; and 9. SEPA checklist,if required. D. Engineered Grading Permit Final Acceptance. The following items are required prior to final acceptance: 1. Inspection by a qualified professional hired by the applicant; and 2.As-graded grading plans; and 3. A letter from the inspector that certifies that grading was conducted in accordance with the grading plan. Certification requirements shall be in compliance with SVMC 22.130.040, Street standards. Section 5. All other provisions of SVMC Title 21 and Title 24 not specifically referenced hereto shall remain in full force and effect. Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Passed by the City Council this 14th day of May, 2013. lyl:yor,Thom.s E. owey - A /, . . AAA Ara r City Clerk, Christine Bainbridge I Approved as to Form: if .99 r i Office o I the City Attorney Date of Publication: May 24, 2013_ Effective Date: May 29,2013 Ordinance 13-004-SEPA Page 4 of 4 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION March 28,2013 The following findings are consistent with the Planning Commission's decision to recommend approval. Background: 1. Spokane Valley development regulations were adopted in September 2007 and became effective on October 28,2007. 2. Pursuant to RCW 43.21C.110,the 2012 Washington Legislature directed the Department of Ecology to increase the flexible thresholds for categorical exemption of SEPA review for minor construction projects under Washington Administrative Code(WAC) 197-11-800(1). 3. The Department of Ecology adopted amendments to WAC 197-11-800(1) on December 8, 2012, effective January 28,2013. 4. The amendments authorize local jurisdictions which: (1) document that the requirements for environmental analysis, protection and mitigation for impacts to elements of the environment, as listed in WAC 197-11-444) have been adequately addressed in other specific adopted development regulations of the local jurisdiction; and (2) describe the locally established project-level public comment opportunities that are provided for proposals included in the increased exemption levels to increase the flexible thresholds under which the local jurisdiction can exempt certain minor construction projects from SEPA review. 5. The city-initiated code text amendment proposes to amend Spokane Valley Municipal Code (SVMC) 21.20.040 SEPA Categorical Exemptions, to adopt the maximum flexible threshold exemption levels allowable under WAC 197-11-800(1)(d). 6. The Planning Commission held a public hearing on March 14, 2013, and voted 7-0 to recommend approval of the amendment to City Council. Planning Commission Findings: 1. Compliance with SVMC 17.80.150F Approval Criteria a. The proposed city initiated code text amendment is consistent with the applicable provisions of the Comprehensive Plan; Finding(s): i. The Staff Report submitted by the Planning Division staff sets forth relevant goals and policies of the Comprehensive Plan and found the proposal to substantially be in conformance with such goals and policies. The goal most relevant to the proposal is Goal G-1,which states, "Create a government that places a premium on providing effective customer service." b. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. Findings and Recommendations of the Spokane Valley Planning Commission CTA-2013-0002 Page 1 of 6 Finding(s): i. SEPA review is conducted on minor new construction, nonexempt projects to identify environmental impacts that would not be addressed by city regulations. ii. The City has specified development regulations and utilizes regional, state, and federal regulations and entities to address environmental analysis, protection and mitigation for impacts for each element of the environmental review addressed and required by SEPA authority for exempt minor new construction projects. These regulations and entities are identified in Attachment"A". iii. The City is required by the Growth Management Act to adopt critical areas regulations to protect wetlands,fish and wildlife habitat conservation areas, geologically hazardous areas, critical aquifer recharge areas and floodplains areas. The City adopted critical areas regulations on September 25,2007,as set forth in SVMC Chapter 21.40 Critical Areas. iv. The Shoreline Management Act requires the City to adopt a Shoreline Master Program with development regulations for the protection of shoreline ecological functions within 200 feet of the ordinary high water mark. The City adopted a Shoreline Master Program on September 25, 2007, as set forth in SVMC Chapter 21.50 Shoreline Management and Restoration Program. The City is currently in the process of updating its Shoreline Master Program. v. The primary purpose of critical areas regulations and the Shoreline Master Program is protection of the environment. vi. The public health, safety, welfare, and protection of the environment are furthered by ensuring that the City's development regulations are consistent with goals and policies in the adopted Comprehensive Plan. 2. Compliance with requirements set forth in WAC 197-11-800. a. The City has specified development regulations and utilizes regional, state, and federal regulations and entities to address each element of the environmental review addressed and required by SEPA authority. These regulations are identified in Attachment"A". b. Locally established project-level public comment opportunities are provided for proposals within the increased exemption levels through the City's specified development regulations as identified in SVMC Chapter 17.80 Local Project Permit Procedures for proposals involving the division of land, a shoreline substantial development permit, a conditional use permit, variance, zone change, wireless communication facilities, planned residential development, plat alteration and/or plat vacation. c. WAC 197-11-800 (1)( c )(ii) and (iii) requires public notice and comment periods be provided and documented a minimum of 21 days prior to adoption. Notice was published in the Spokane Valley Herald on February 22, 2013 and routed to agencies with jurisdiction on March 7, 2013. Adoption is anticipated on/or after May 14, 2013. Affected tribes, agencies with expertise, affected jurisdictions, the Department of Ecology, and the public were given an opportunity to continent on the proposed code text amendments at a public hearing before the Planning Commission on February 28. Additional opportunities for public comment will be available prior to adoption by the City Council. Findings and Recommendations of the Spokane Valley Planning Commission CA-2013.0002 Page 2 of 6 Planning Commission Conclusion(s): 1. The proposed city initiated code text amendment is consistent with the City's adopted Comprehensive Plan and the approval criteria contained in SVMC 17.80.150F. 2. The proposal meets all regulatory and statutory requirements as noted in chapter 197-11 WAC. 3. The Growth Management Act (GMA) stipulates that the comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the City. Recommendations: The Spokane Valley Planning Commission therefore recommends City Council adopt the proposed city- initiated code text amendments to SVMC 21.20.040, SEPA Categorical Exemptions. Approved this 28th day of March,2013 Bi I Bates, Chairman ATTEST: Carr Hinshaw,Planning Commission Secretary Findings and Recommendations of the Spokane Valley Planning Commission CT/1-2013-0002 Page 3 of 6 Attachment "A" Summary of environmental protections in other codes/rules compared to a complete list of topics addressed by environmental review pursuant to the SEPA: SEPA Authority by Element of the How Addressed by Other Codes/Rules* Environment (from 25.05.675) Air Quality • Regional air quality oversight is the responsibility of Spokane Regional Clean Air Agency (SRCA). SRCA regulates businesses that have potentially significant air emissions. Additional authority provided by Environmental Protection Agency, Clean Air Act, and the state Department of Ecology. Construction Impacts -Air Quality • Building code contains provisions for the removal of hazardous and combustible materials (Section 3303). • SRCA (Spokane Regional Clean Air) regulates construction/demolition for air quality. Construction Impacts --Noise • Noise impacts are regulated by City nuisance code (SVMC 7.05.040), which refers to WAC 173-60-040 and criminal code (SVMC 8.25.060). Construction noise is specifically exempt from noise standards between lam and 10pm. Construction Impacts —Parking/Traffic/Streets/ Spokane Valley Street standards address traffic Pedestrian Safety analysis and construction impacts in the public right-of- way (SVMC 22.130 Development Transportation Improvements). Off-street parking and loading impacts are addressed in SVMC 22.50 Off-Street Parking and Loading Standards. Earth/Environmentally Critical Areas/Water • Critical Area regulations (SVMC 21.40) address geo Quality/Drainage/Plants and Animals hazards, aquifer recharge, water plants and animals. Code includes mitigation for landslide hazards, steep slopes, unstable soils, wetlands, flood prone and fish/wildlife habitat areas. • In addition, the Stormwater, Grading & Drainage ordinances (SVMC 21.50 and 24.50), Floodplain regulations (SVMC 21.30) and Shoreline regulations (SVMC 21.50) include environmental &water quality protections. Energy • Energy Codes required by the City and the State mandate high levels of energy efficiency. Washington State Energy Codes are adopted by the City (SVMC 24.40,020). Environmental Health • Critical Materials regulations address toxic materials handling and storage (21.40). • Regulations for telecommunications facilities in the Land Use Code also apply within this category (SVMC 22.120, Wireless Communication Facilities). Housing • City's zoning regulations provide wide range of housing options and regulations for such housing (SVMC 19.40.020 — 19.40.110). Findings and Recommendations()idle Spokane Valley Planning Commission CTA-2013.0002 Page 4 of 6 SEPA Authority by Element of the How Addressed by Other Codes/Rules* Environment (from 25.05.675) • City zoning regulations provide options and regulations for manufactured homes. (SVMC 19.40.120 and 19.40.130) Historic Preservation/Archaeological Sites • The Shoreline Master Program, Policy 13, Archaeological Areas and Historical Sites requires that all Shoreline Substantial Permits contain a condition such that the City and the State Parks and Recreation Commission must be notified immediately if artifacts are uncovered during any excavation. SMP regulations 13.1 and 2 require no development be allowed in the shoreline area that destroys archaeological significant sites, and that all development must be designed to preserve the environment and visual quality of its surroundings. Federal and state regulations address protection of cultural/archaeological resources (including chapters 27.34, 27.53, 27.44, 79.01 and 79.90 RCW; and chapter 25.48 WAC) Land Use/Height, Bulk &Scale/Shadows on • Zoning regulations address bulk and scale to ensure Open Spaces compatibility between adjacent land uses (SVMC 19.40 Residential Zones, 19.60 Commercial, Office and Mixed Use Zones, and 19.70 Industrial Zones). Light and Glare • Municipal code prohibits excessive and nuisance lighting (SVMC 22.60 Outdoor Lighting Standards). Noise • Noise impacts regulated by nuisance code (SVMC 7.05.040), which refers to WAC 173-60-040 and in SVMC 8.25.060. Construction noise is specifically exempt from noise standards between lam and 10pm. Parking • Parking regulations address minimum parking requirements for uses (SVMC 22.50 Off-Street Parking and Loading Standards). Public Services and Facilities • Authority for requiring utility improvements is identified in rules, codes and policies and is applied during permitting reviews and/or platting processes. This includes water, sewer, storm drain and fire protection improvements (SVMC Title 20, Subdivision Regulations). • Public service and utility impact analyses to address growth impacts are most appropriately addressed through area planning initiatives in conjunction with supporting area-wide SEPA reviews, as is done for subarea rezones. Public View Protection** • The Shoreline Management Act requires local SMP's to limit height within shoreline jurisdiction to 35' unless **Applies to public views from designated otherwise specified. public viewpoints, parks, scenic routes and • The City has identified aesthetic corridors whore only view corridors to features such as monument signs are allowed (SVMC 22.110.080). mountains, skyline & water. Does not apply to views from private property. Findings and Recommendations of the Spokane Valley Planning Commission CTA-2013-0002 Page 5 of 6 SEPA Authority by Element of the How Addressed by Other Codes/Rules* Environment (from 25.05.675) Traffic and Transportation • Adequate traffic facilities are determined by the Concurrency Ordinance (SVMC 22.20). Concurrency review is required for all projects that will generate more than 10 peak hour vehicular trips. *All citations of from the Spokane Valley Municipal Code (SVMC), unless otherwise indicated. RCW= Revised Code of Washington. WAC= Washington Administrative Code. Findings and Recommendations of the Spokane Valley Planning Commission CTA-2013-0002 Page 6 of6