INDUSTRY VOICES—The State Environmental Policy Act (SEPA) is an informational process designed to ensure that local governments fully consider the environmental consequences of projects and plans. Although SEPA is often instrumental in minimizing environmental impacts, the associated expenses and lengthy processing times can often hinder economic development. Fortunately, there are three ways in which cities and counties can streamline the SEPA process so that it actually helps attract economic development and fulfill community visions.
This article will provide a brief overview of these tools, along with examples of some jurisdictions that are using them effectively.
Raise Categorical Exemption Thresholds
Typically, developments of more than four dwelling units, greater than 4,000 gross square feet of business or government space, more than 20-stall parking lots, and greater than 100 cubic yards of landfill or excavation are subject to SEPA. Optionally, SEPA allows jurisdictions to adopt a higher exemption threshold when “supported by local conditions, including zoning or other land use plans or regulations” (WAC 197-11-800). Jurisdictions may opt to exempt developments that do not exceed 20 dwelling units, 12,000 gross square feet of business or government space, parking for 40 cars and 500 cubic yards of landfill or excavation.
Raising categorical exemption thresholds requires a county or city to amend its SEPA rules to specify the new development levels. Of the three SEPA streamlining options this is the most simple and inexpensive effort a local government can make. Counties and cities that have raised categorical exemptions in the Puget Sound region include: King County, Kitsap County, Snohomish County, and the cities of Auburn, Mount Vernon, Redmond, Seattle and Sultan.
The City of Mount Vernon raised its SEPA categorical exemption thresholds six years ago. Jana Hanson, Mount Vernon’s director of community and economic development stated, “SEPA is intended to fill in the gaps not already addressed in a city’s development code, such as a city’s critical areas ordinance. By raising the SEPA categorical exemption threshold in Mount Vernon, we have allowed our development code to address the environmental impacts of a development, avoiding a duplicative environmental review and mitigation efforts.”
Establish an Infill Development Exemption
Counties or cities that are subject to the Growth Management Act (GMA) can use an environmental impact statement (EIS) prepared for their comprehensive plan to establish an exemption for residential or mixed-use projects.
Based on SEPA (RCW 43.21C.229) the exemption must be limited to new residential or mixed-use development within a designated urban growth area where the existing “density and intensity of use is lower than called for in the goals and policies of the applicable comprehensive plan.” This tool may be less expensive than a planned action approach because it can be prepared at a broader programmatic level of detail.
Establishing the infill exemption can be part of an action the city or county is already obligated to fulfill—a comprehensive plan update that the county or city must complete according to both GMA and SEPA requirements. It is especially timely now since numerous counties and cities are about to conduct their seven-year comprehensive plan review cycles per the GMA and are considering new growth allocations for the next 20 years. Counties and cities in Clallam, Clark, Jefferson, King, Kitsap, Pierce, Snohomish, Thurston and Whatcom are due to update their comprehensive plans by Dec. 1, 2011 (RCW 36.70A.130). They could use this opportunity to prepare an EIS for their plans and establish an infill development SEPA exemption.
Jurisdictions that have prepared an EIS and adopted an infill exemption include: Kitsap County and the cities of Burien and Kirkland. Burien’s Community Development Director, Scott Greenberg, finds the infill exemption an effective tool in their downtown where traffic is the environmental issue of concern. Since the city identified impacts and mitigation measures and started requiring a traffic impact fee, it is now unnecessary to go through the standard SEPA process to determine traffic impacts and mitigation.
“Our SEPA infill exemption helped facilitate the Town Square development, and now we’ve expanded that exemption to the rest of the city’s Urban Center,” Greenberg said. “In the near future we see that King County will benefit from this exemption for its mixed-use, transit-oriented development under design now.”
Prepare a Planned Action Ordinance
A planned action EIS and ordinance can help attract economic growth to priority areas of a community. The intent is to provide more detailed environmental analysis during formulation of planning proposals, rather than at the project permit review stage.
The basic steps in designating a planned action are to prepare an EIS, designate the planned action area and projects by ordinance and review permit applications for consistency with the ordinance (see WAC 197-11-164 to 172). A planned action EIS streamlines environmental review for future development proposals and also eliminates future SEPA appeals when a project is consistent with the planned action ordinance.
Because this tool relies on preparing an EIS in advance of specific development proposals, jurisdictions may foot the bill for the cost of the EIS, especially where it covers numerous properties. A planned action EIS is also usually prepared with a greater level of detail than a standard non-project EIS. Thus, a planned action can be the most expensive of the three tools reviewed. However, a planned action allows the most flexibility – for example, unlike the infill exemption, commercial-only projects can be covered.
Numerous communities have adopted planned action ordinances. A partial list of jurisdictions in western Washington includes: the cities of Bothell, Everett, Federal Way, Kent, Lynnwood, Monroe, Renton, Shoreline, University Place and Vancouver.
The City of Renton has completed two planned action EISs funded by major property owners who had early phases ready to go. The planned actions were instrumental in establishing the first phases of Southport and The Landing (Boeing redevelopment).
In fact, said Alex Pietsch, Renton's director of community and economic development:
"The planned action was a huge incentive when marketing The Landing property. It attracted interest from some developers that the city may not have otherwise heard from. However, the two planned action EISs haven't been enough by themselves to spur later phases, such as the planned office and hotel at Southport. The city believes in, and hopes to do additional, planned action processes, but hasn't had a complete home run quite yet."
In conclusion, there are a variety of tools—both simple and complex— designed to streamline the SEPA process and help cities and counties encourage economic development and meet local community visions. These tools can be effective when part of an overall planning and economic development strategy.
About the Authors:
Lisa Grueter is a senior planner and planning team manager for ICF Jones & Stokes. She has 22 years of public and private experience in GMA planning, SEPA compliance, and project management. Recently she managed the Bothell Downtown Subarea Plan Planned Action EIS and the Kitsap County Comprehensive Plan and integrated EIS that led to an infill exemption in Silverdale in 2006. She has guided planning and environmental compliance strategies for numerous jurisdictions across the state. You can reach Lisa by email at lgrueter@icfi.com.
Gil Cerise is a senior planner with ICF Jones & Stokes with 15 years of experience in the public and private sectors. Gil served as a project coordinator for the Mountlake Terrace Town Center Planned Action EIS and is actively managing the Kent Planning Area and Midway planned action EIS. He has led planning and environmental compliance projects for several communities including Auburn, Kirkland, and Woodinville as well as others. You can reach Gil by email at gcerise@icfi.com.
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