HomeMy WebLinkAboutOrdinance 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.
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City Clerk, Christine Bainbridge I
Approved as to Form:
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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