17.80.340 Permit integration with State Environmental Policy Act (SEPA)

17.80.340 Permit integration with State Environmental Policy Act (SEPA).

(1) Except for the issuance of a DNS/MDNS using the “optional DNS process” or the issuance of a determination of significance, the city will not issue its threshold determination, or issue a decision or recommendation on a land use development permit, until the expiration of the public comment period on the notice of application.

(2) If the optional DNS process, as authorized under SEPA and set forth in this section, is used, the responsible official shall:

(a) State on the first page of the notice of application that it expects to issue a DNS for the proposal, and that:

(i) The optional DNS process is being used;

(ii) This may be the only opportunity to comment on the environmental impacts of the proposal;

(iii) The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and

(iv) A copy of the subsequent threshold determination for the specific proposal may be obtained upon request;

(b) List in the notice of application the conditions being considered to mitigate environmental impacts, if a MDNS is expected;

(d) Send the notice of application and environmental checklist to:

(i) Agencies with jurisdiction, the Department of Ecology, affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal; and

(ii) Anyone requesting a copy of the environmental checklist for the specific proposal;

(e) If the responsible official indicates on the notice of application that a DNS is likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice of application in accordance with WAC 197-11-940 and 197-11-948;

(f) The responsible official shall consider timely comments on the notice of application and either:

(i) Issue a DNS or MDNS with no comment period;

(ii) Issue a DNS or MDNS with a comment period;

(iii) Issue a DS; or

(iv) Require additional information or studies prior to making a threshold determination;

(g) If a DNS or MDNS is issued under this section, the responsible official shall send a copy of the DNS or MDNS to the Department of Ecology, agencies with jurisdiction, those who commented, and anyone requesting a copy. A copy of the environmental checklist need not be recirculated. (Ord. 1499 § 6 (Exh. F), 2021).