14.02.135 Optional DNS/MDNS process.
A. If the responsible official has a reasonable basis for determining that significant adverse environmental impacts are unlikely, the responsible official may elect to use the single integrated comment period set forth in this section. The single comment period will integrate the SEPA comment period with the 21-calendar-day comment period on the notice of the underlying application. If this process is used, a second SEPA comment period will typically not be required when the DNS or MDNS is issued. The DNS or MDNS shall designate the applicable appeal period. Any notice of application or environmental threshold determination shall specify the final day and time for submittal of comments and/or appeals.
B. If the optional process set forth in this section is used, the responsible official shall:
1. State on the first page of the notice of application that it expects to issue a DNS or MDNS for the proposal, and that:
a. The optional DNS/MDNS process is being used;
b. This may be the only opportunity to comment on the environmental impacts of the proposal;
c. 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
d. A copy of the subsequent threshold determination for the specific proposal stating the time period for filing an appeal may be obtained upon request (in addition, the city may maintain a general mailing list for threshold determination distribution);
2. List in the notice of application the conditions being considered to mitigate environmental impacts, if an MDNS is expected;
3. Comply with the requirements for a notice of application and public notice in BMC 11.06.004; and
4. Send the notice of application and environmental checklist to:
a. 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
b. Anyone requesting a copy of the environmental checklist for the specific proposal (in addition, the city may maintain a general mailing list for checklist distribution).
C. If the responsible official indicates on the notice of application that a DNS or MDNS is likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice of application in accordance with BMC 14.02.050, WAC 197-11-940 and 197-11-948.
D. The responsible official shall consider timely comments on the notice of application and either:
1. Issue a DNS or MDNS with no comment period, using the procedures in Chapter 11.19 BMC;
2. Issue a DNS or MDNS with a comment period, using the procedures in Chapter 11.19 BMC, if the responsible official determines a comment period is necessary;
3. Issue a declaration of significance (DS) requiring the preparation of an environmental impact statement, using the procedures in Chapter 11.19 BMC; or
4. Require additional information or studies prior to making a threshold determination.
E. The differences between the standard and optional processes are summarized graphically as follows:
|
Process Type |
Process |
|
|---|---|---|
|
Standard – separate and consecutive NOA and SEPA comment periods |
Step 1 – NOA issued; 21-day comment period follows |
Step 2 (after 21-day NOA comment period ends) – SEPA threshold determination issued; if DNS or MDNS, 21-day combined SEPA comment and appeal period follows |
|
Optional – single concurrent NOA and SEPA comment period |
Step 1 – NOA issued, containing statement that a DNS or MDNS is likely to be issued and that the following 21-day combined NOA and SEPA comment period may be the only opportunity to comment on the environmental impacts of the proposal |
Step 2 (after 21-day combined NOA and SEPA comment period ends) – DNS or MDNS issued; 14-day SEPA appeal period follows |
(Ord. 1768 § 5, 1999).