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HomeMy WebLinkAboutOrdinance No. 2026-014 Amending Chapter 20.98 of the Arlington Municipal Code Regarding SEPAORDINANCE NO. 2026-014 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.98 OF THE ARLINGTON MUNICIPAL CODE REGARDING STATE ENVIRONMENTAL POLICY ACT (SEPA) UNDER CITY PLANNING NO. PJ25-0051 WHEREAS, the city has proposed an update to the State Environmental Policy Act (SEPA) regulations to the City zoning code; and WHEREAS, the Arlington Planning Commission considered the revisions on April 7, 2026 and at a public hearing conducted on April 21, 2026; and WHEREAS, the Planning Commission made findings and provided its recommendations to the City Council concerning the proposed changes; and WHEREAS, the City Council considered the same at a workshop held on May 11, 2026, a meeting on May 18, 2026, and considered them along with the Planning Commission recommendations; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the amendments were presented to the Department of Commerce for comment and said Department had no comments on the ordinance; and WHEREAS, the City Council has considered the proposed amendment to the municipal code and finds it to be consistent with city and state law and in the best interests of the citizens; and NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: Section 01. Arlington Municipal Code section 20.98.090(a) shall be hereby amended as follows: 20.98.090 Flexible Thresholds for Categorical Exemptions (a) The City establishes the following maximum exempt levels for minor new construction under WAC 197-11-800 (1)(b) based on local conditions: (1) For single family residential detached units in WAC 197-11-800 (1)(b)(i): Up to 9 30 dwelling units. (2) For single family residential attached with the total square footage of less than 1,500 square feet per unit in WAC 197-11-800 (1)(b)(i): Up to 49100 dwelling units (3) For multifamily residential units in WAC 197-11-800(1)(b)(ii): Up to 49200 dwelling units. (4) For agricultural structures in WAC 197-11-800 (1)(b)(iii): Up to 10,00440,000 square feet. 1 (5) For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800 (1)(b)(iv): Up to 4,GW 30,000 square feet and with associated parking facilities designed for up to 20-90 parking spaces. (6) For parking lots in WAC 197-11-800 (1)(b)(iv): Up to 2-0-90 parking spaces not associated with a structure. (7) For landfills and excavations in WAC 197-11-800 (1)(b)(v): Up to 2-50-1,000 cubic yards throughout the total lifetime of the fill or excavation and any excavation, fill or grading necessary for an exempt project in (i), (ii), (iii), or (iv) of this subsection shall be exempt. Single Family Residential - Detached Up to 9-30 units Single Family Residential — Attached with the total square footage of less than 1,500 square feet per Up to 49-100 units unit Multi -Family Residential or Mixed -Use Up to 49-200 units Development Barn, Loafing Shed, Farm Equipment Storage, Up to 10,000 40,000 square feet Produce Storage or Packing Structure Office, School, Commercial, Recreational, Service, Up to 4-,Q00 30,000 square feet of gross floor area and up to 2&90 Storage Building, Parking Facilities associated parking spaces Parking Facilities not associated with a structure Up to 2&90 parking spaces Fill or Excavation Up to 250 1,000 cubic yards Section 02. Arlington Municipal Code section 20.94.200(d)(3) shall be hereby amended as follows: (3) The City adopts by reference the policies in the following City codes, ordinances, resolutions, and plans, as may be amended: (A) AMC Title 20, the City's Land Use Code; (B) The City's Comprehensive plan; (C) International Building Code and related codes; (D) AMC Chapter 13.28, Stormwater Management; (E) Shoreline Master Plan *4 (F) Park and recreation plan; { ) (G) Airport master plan and related regulations; �H) County health district regulations; (#) Public Works construction standards; {4 Q) Water, sewer and other utility ordinances and regulations; 4ll Uniform Fire Code; {V4ll Any Interlocal Agreements regarding reciprocal mitigation/impact fees. Section 03. Arlington Municipal Code section 20.98.210 shall be hereby amended as follows: 20.98.210 Appeals. (a) The City establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680: (1) An agency or person may appeal the City's procedural compliance with WAC Chapter 197-11 for issuance of the following: (A) A final Determination of hlonsignificance (DNS: Appeal of the DNS .„'°`.*_"^ made to the I- eariog Examine ,'+h,i te14 rim Of the d to the PW© fdAA !lr 1hl A,n,�f t 197 11390 7 (a) (B) A Determination of Significance (DS): The appeal must be made to +hr H.,-,.- R' ExammAeF.. ' + e44da .f Of the- Hate tl, DS (C) Environmental Impact Statement 4s and -Celle_ errs, Lam,. oar{,: and F' l —rriZ—PF^E -1`I-�ii����E��-[-�i��-i3 i—irtile -�ii��'���f•�:ile^3 A�e-ii1 CfflH' 'its l3 ii Fl" xi tiT= h t i (2) All SEPA appeals must be filed in writing with the director either: (A) Within 14 calendar days after the date of issuance of a notice of decision if the responsible official does not designate a comment period in the threshold decision; or (B) Within 21 calendar days after the date of issuance of a notice of decision if the responsible official designates a comment period in the threshold decision. (3) The notice of decision shall state the applicable appeal period. All appeals shall contain a statement of reasons why the decision of the responsible official is allegedly in error and comply with the other requirements for a written appeal listed in AMC 20.20.010. (4) On receipt of a timely notice of appeal and the appeal fee set in the current Fee Schedule, the director shall advise the hearing examiner of the pendency of the appeal and the healrin examiner shall set a date to hear the appeal. When an appeal is received on a quasi-judicial application which requires an open record public hearine. the hearing examiner shall hold a consolidated open record public hearing on the appeal and the underlvina application. (5) S€PA appeals shall be heard in open record public hearing. All relevant evidence shall be received during the hearing of the appeal. Appeals shall be considered de novo and limited to the issues cited in the notice of appeal. The procedural determination by the city's responsible official shall carry substantial weight in anv appeal proceeding. (6) The hearing examiner may postpone or continue a hearing for cause, but shall not grant requests for postponement or continuance of an appeal hearing to allow an applicant to proceed with an alternate development proposal under separate application, unless all parties to the appeal agree in writing. (7) For any appeal under this section, the city shall provide for a record that shall consist of the following: (A) Findings and conclusions; (B) Testimony under oath; and (C) A taped or written transcript of the open record hearing. (8) The decision of the hearing examiner on the SEPA appeal shall be final with no additional administrative appeal. Upon filing of a iudicial appeal under Chapter 36.70C RCW the Land Use Petition Act or anV other available writ any certified copies or written transcripts required for such shall be repared by the city clerk at the expense of the appellant. (9) If a time limit is established bV statute or ordinance for commencing a judicial appeal of the project permit the responsible official shall give official notice of the date and place for commencing the appeal. The notice shall include: (A) Notice that any SEPA issues must be appealed within the time limit set by statute or ordinance for appealing the underlying governmental action; (B) The time limit for commencing the appeal of the under) in overnmental action and SEPA issues and the statute or ordinance establishing the time limit; and (C) Where the appeal may be filed. (10) Written notice shall be provided to the applicant, all parties to any administrative appeal and all persons who have requested notice of decisions concerning the roiect. Such notice may be appended to the permit, the decision documents the SEPA compliance documents, or maV be printed separately. Section 04. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 05. Effective Date. The title of this ordinance which summarizes the contents shall be published in the official newspaper of the City. This ordinance shall take effect and be in full force five (5) days after the date of publication as provided by law. 4 PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 11 day of 2026. CITY OF ARLINGTON Dan E. Vanney, Mayor ATT 1: LA a nn ] es, Ci y CI rk APPROVED AS TO FORM:. � IAI A Oskar Rey, City Attorney CERTIFICATION OF ORDINANCE I, Raelynn Jones, being the duly appointed Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2026-014 was approved at May 18, 2026 City Council meeting. ORDINANCE NO. 2026-014 "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.98 OF THE ARLINGTON MUNICIPAL CODE REGARDING STATE ENVIRONMENTAL POLICY ACT (SEPA) UNDER CITY PLANNING NO. PJ25-0051" A true and correct copy of the original ordinance is attached. Dated this 18th day of May 2026. Raelynn Jc(n s t, j City Clerk r the City of Arlington