22.02.032 Determination of categorical exemption.
A. Upon the receipt of an application for a proposal, the receiving department shall, and for city proposals, the initiating department shall, determine whether the proposal is an action potentially subject to SEPA and, if so, whether it is categorically exempt. This determination shall be made based on the definition of action (WAC 197-11-704), the process for determining categorical exemption (WAC 197-11-305) and the designation of critical areas under subsection C of this section. Departments shall ensure that the proposal is properly defined per WAC 197-11-060(3). If there is any question whether or not a proposal is exempt, the environmental coordinator shall be consulted and shall make the determination. If the proposal is not categorically exempt, the department making this determination (if different from the proponent) shall notify the proponent of the proposal that he/she must submit an environmental checklist per BCC 22.02.033.
B. Pursuant to the authority provided by WAC 197-11-800(1)(c), the following categorical exemption thresholds apply to exemptions determined under WAC 197-11-800(1) for minor new construction in Bellevue, replacing those provided under WAC 197-11-800(1)(b)(i), (ii), (iii), (iv) and (v), as now or hereafter amended:
1. The construction or location of single-family residential structure(s) containing 30 or less dwelling units;
2. The construction or location of multifamily residential structure(s) containing 200 or less dwelling units;
3. The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering 40,000 square feet of gross floor area, and to be used by the property owner or his or her agent in the conduct of farming the property. This exemption shall not apply to feed lots;
4. The construction of an office, school, commercial, recreational, service or storage building with 30,000 square feet of gross floor area, and with associated parking facilities designed for 90 automobiles. This exemption includes parking lots for 90 or fewer automobiles not associated with a structure;
5. Any landfill or excavation of 1,000 cubic yards throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II, or III forest practice under RCW 76.09.050 or regulations thereunder.
C. To determine the exemptions allowed under WAC 197-11-908, critical areas shall mean those areas designated as critical areas pursuant to the city’s Land Use Code, LUC 20.25H.025, and associated stream buffers as described in LUC 20.25H.075(C), now or as hereafter amended.
D. The following categorical exemptions in WAC 197-11-800, as now or hereafter amended, do not apply within any critical area described in subsection C of this section:
1. WAC 197-11-800(1), except that the construction or location of a single-family residence within a critical area, if otherwise allowed by applicable development regulations, is exempt;
2. WAC 197-11-800(2)(e), except when necessary for construction or location of a single-family residence exempt under WAC 197-11-800(1) and subsection (D)(1) of this section;
3. WAC 197-11-800(2)(g), except for single-family residences, the construction of which would be categorically exempt under WAC 197-11-800(1) and subsection (D)(1) of this section;
4. WAC 197-11-800(2)(h);
5. WAC 197-11-800(13)(c);
6. WAC 197-11-800(23)(c); and
7. WAC 197-11-800(23)(e).
E. All categorical exemptions listed in WAC 197-11-800, as modified by BCC 22.02.032(B) and not listed in subsection D of this section, apply within a critical area. (Ord. 6754 §§ 1, 2, 2023; Ord. 6428 §§ 2, 3, 2018; Ord. 5865 § 2, 2009; Ord. 4257 § 1, 1991; Ord. 4102 § 3, 1990; Ord. 3404 § 10, 1984.)