14.30.120 SEPA threshold determinations.
SEPA threshold determinations shall result in a determination of nonsignificance (DNS), or a determination of significance (DS); provided, that the city may also issue a mitigated determination of nonsignificance (MDNS) based on conditions required by the city, or on changes to or clarifications of the proposal made by the applicant.
A. After submission of an environmental checklist and prior to a threshold determination, the city shall notify the applicant if it is considering issuing a DS. The applicant may then clarify or change features of the proposal to mitigate the impacts which make the DS likely. If a proposal continues to have a probable significant adverse environmental impact, even with the mitigating measures, an environmental impact statement (EIS) shall be prepared.
B. If a predecision open record public hearing is required, the SEPA threshold determination must be issued at least fifteen days before the hearing.
C. If the city is reasonably certain that there are no significant impacts associated with a proposed action it may utilize the optional DNS process in accordance with the provisions of WAC 197-11-355 and include the DNS determination in the notice of application.
D. If a SEPA threshold determination was not made in conjunction with a notice of application, and no probable significant adverse impacts are anticipated, a determination of nonsignificance shall be issued, and a fourteen-day comment period may be required.
1. A fourteen-day comment period shall be required if:
a. There is another agency with jurisdiction (license, permit, or other approval to issue).
b. The proposal includes demolition of a structure not exempted under WAC 197-11-800(2)(f) or 197-11-880.
c. The proposal requires a nonexempt clearing and grading permit.
d. The proposal is changed, or mitigation measures have been added under WAC 197-11-350 that reduce significant impacts to a nonsignificant level (mitigated DNS).
e. The DNS follows the withdrawal of a determination of significance (DS) for the proposal. (This applies even if the DNS and the withdrawal are issued together.)
f. The proposal is a GMA action.
2. If a fourteen-day comment period is not required, the city shall place the DNS in the project file for future reference.
E. If the city makes a SEPA determination of significance concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice.
F. Whenever the city makes a threshold determination, it shall seek to include the public notice for the SEPA action with the notice of application or notice of decision for any associated land use application(s) or permits; provided, that:
1. If no public notice is required for the permit or approval, the city shall give notice of the DNS (if required) or DS by publishing a notice in the city’s newspaper of record;
2. Whenever the city issues a DS, all public notices shall state the scoping procedure for the required EIS; and
3. Whenever the city issues a draft EIS (DEIS), or supplemental EIS (SEIS), notice of the availability of those documents shall be given by at least two of the following methods:
a. Indicating the availability of the DEIS or SEIS in any public notice required for an associated land use application or permit;
b. Posting the property, for site-specific proposals;
c. Posting on the city’s website;
d. Publishing notice in the city’s newspaper of record; and/or
e. Notifying the news media.
G. SEPA threshold determinations and the corresponding SEPA checklist shall be distributed to:
1. The Washington State Department of Ecology SEPA register at separegister@ecy.wa.gov.
2. All agencies with jurisdiction.
3. The Confederated Tribes and Bands of the Yakama Nation, the Confederated Tribes of the Colville Reservation, and the Snoqualmie Tribe, and any other Tribes that may be affected by the proposed action.
4. All local agencies or political subdivisions whose public services would be affected by the proposal.
H. Mitigation measures incorporated in a MDNS or an EIS shall be included as conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit or enforced in any manner specifically prescribed by the city.
I. Nothing in this section shall limit the authority of the city in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by Chapter 43.21C RCW, the State Environmental Policy Act.