Ordinance 3774-20 - Laserfiche WebLink

responsible official shall reconsider the DNS based on timely comments and may retain, modify or withdraw the DNS under WAC 197-11-340(2)(f). 6. If the city indicated potentially significant adverse environmental impacts,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. a. The applicant's proposed mitigation measures(clarifications,changes or conditions)must be in writing and must be specific. For example, proposals to"control noise"or"prevent storm water runoff"are inadequate whereas proposals to"muffle machinery to X decibel"or"construct two hundred-foot storm water retention pond at Y location"may be adequate. b. Environmental documents need not be revised and resubmitted if the clarifications or changes to the proposal are stated in writing in attachments to,or documents incorporated by reference into,the environmental review record.An addendum may be used in compliance with WAC 197-11-600 and WAC 197-11-425. c. If a proposal continues to have a probable significant adverse environmental impact,even with mitigation measures,an EIS shall be prepared. 7. The city's written response to a request for early notice under the mitigated DNS provisions of this section shall not be construed as a determination of significance. 8. A mitigated DNS issued under WAC 197-11-340(2)or WAC 197-11-355 requires a public notice under EMC 15.02.130.Whenever possible,SEPA notice under this section or the optional DNS process will be combined with or issued concurrently with other required notices including the notice of completeness, notice of application,and notice of public hearing. 9. Mitigation measures incorporated in the mitigated DNS shall be deemed 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. 10. If the city's tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal,the responsible official should reevaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a)(withdrawal of DNS). E. Preparation of EIS—Additional Considerations 1. Preparation of draft and final EISs and draft and final supplemental EISs is the responsibility of the city under the direction of the responsible official per the procedures contained in this subsection. Before the city issues an EIS,the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC. 2. The draft and final EIS or SEIS shall be prepared by a consultant selected by the city per the city's adopted procedures. However,city staff may prepare EISs for city proposals. If the responsible official requires an EIS for a proposal,the responsible official shall notify the applicant immediately after completion of the threshold determination.The responsible official shall also notify the applicant of the city's procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution. 3. The city may require that an applicant provide information the city does not possess,including specific investigations necessary to identify potentially significant adverse environmental impacts. However,the applicant may not be required to supply information that is not required under this chapter or WAC 197- 1-100.(The limitation does not apply to information the city may request under another ordinance or statute.) a. Preparation of Draft Environmental Impact Statement. i. When an EIS is required,all information required by the SEPA rules shall be presented by the consultant in substantially the same form as for the draft environmental impact statement in accordance with procedures of this subsection. ii. The responsible official shall assure that the EIS is prepared in a responsible manner and with appropriate methodology.The responsible official shall direct the areas of research and Ch.15.02 Local Project Review 17 City Council Action(11/04/2020)