14.02.130 Threshold determinations – Mitigated DNS.
A. The responsible official may issue a determination of nonsignificance (DNS) based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant. Conditions shall be attached only as permitted pursuant to Chapter 11.10 BMC, Administration.
B. An applicant may request in writing early notice of whether a determination of significance (DS) is likely. The request must:
1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the city is lead agency; and
2. Precede the city’s actual threshold determination for the proposal.
C. The responsible official’s response to the request for early notice shall:
1. State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific areas of concern that are leading the city to consider a DS; and
2. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, and may revise the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.
D. When an applicant submits a changed or clarified proposal, along with a revised environmental checklist, the city shall base its threshold determination on the changed or clarified proposal.
1. If the city indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the city shall issue and circulate a determination of nonsignificance if the city determines that no additional information or mitigation measures are required.
2. If the city indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the city shall make the threshold determination, issuing a DNS or DS as appropriate.
3. The applicant’s proposed mitigation measures, clarifications, changes or conditions must be in writing and must be specific.
4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.
E. The city shall not act upon a proposal for which a mitigated DNS (MDNS) has been issued for 14 calendar days after the date of issuance; provided, that the requirements of this section shall not apply to an MDNS issued pursuant to the optional DNS/MDNS process described in BMC 14.02.135.
F. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the licensing or permitting decision and may be enforced in the same manner as any term or condition of the permit or enforced in any matter specifically prescribed by the city. Failure to comply with the designated mitigation measures shall be grounds for suspension and/or revocation of any license issued.
G. If the city’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigation DNS for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) relating to the withdrawal of a DNS.
H. The city’s written response under subsection B of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarification or changes to a proposal, as opposed to a written request for early notice, shall not bind the city to consider the clarifications or changes in its threshold determination. (Ord. 1768 § 4, 1999; Ord. 1631 § 1, 1996; Ord. 1149, 1984).