14.40.040 Categorical exemptions.
All proposed projects or development activities are subject to the provisions of this chapter and Chapter 197-11 WAC, except those activities that are identified in WAC 197-11-800 as being categorically exempt from SEPA, including, but not limited to:
A. The following minor new construction activities are exempt from the provisions of this chapter unless the construction would occur wholly or in part on lands covered by water, or the site contains critical areas or otherwise does not meet the exemption criteria of WAC 197-11-800:
1. The construction or location of up to and including four dwelling units;
2. The construction of a barn, loafing shed, farm equipment storage building, produce storage, or packing structure, or similar agricultural structure, covering up to ten thousand square feet; provided, that said structure is to be used by the property owner or his or her agent in the conduct of permitted farming on the property;
3. The construction of an office, school, commercial, recreational, service or storage building with up to twelve thousand square feet of gross floor area and associated parking facilities designed for no more than twenty automobiles;
4. The construction of a parking lot not associated with a specific structure designed for up to twenty automobiles; or
5. Any landfill or excavation of up to five hundred cubic yards throughout the total lifetime of the fill or excavation.
B. Actions which must be undertaken immediately, or within a time period too short to allow full compliance with this chapter, to avoid an immediate threat to public health, safety, and welfare to prevent an immediate danger to public or private property, or to prevent an imminent threat to serious environmental degradation, shall be exempt from the procedural requirements of this chapter.
1. The SEPA responsible official shall determine on a case-by-case basis those emergency actions which qualify for this exemption.
2. The city’s determination that a proposal is exempt shall be final and not subject to appeal. If a proposal is exempt, none of the procedural requirements of this chapter shall apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal but shall prepare a memorandum for the project file that documents the exemption.
C. If a proposal includes exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:
1. The city shall not give authorization under this section for:
a. Any nonexempt action;
b. Any action that would have an adverse environmental impact; or
c. Any action that would limit the reasonable choice of alternatives;
d. Any action that is a segment of and is physically and functionally related to a larger proposal which together would result in a probable significant adverse impact.
2. The city may withhold approval of an exempt action that would lead to modification of the physical environment when such modification would serve no purpose if nonexempt action(s) were not approved.
3. The city may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved.