Ordinance 2534-01 - Laserfiche WebLink

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 mitigated determination of nonsignificance under WAC 197-11-340(2). The 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). 2. 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. 3. 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. 4. 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. 5. If a proposal continues to have a probable significant adverse environmental impact, even with mitigation measures, an EIS shall be prepared. F. A mitigated DNS issued under WAC 197-11-340(2), requires a public notice and a fifteen-day comment period. G. 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. H. 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). I. The city's written response under subsection G of this section shall not be construed as a determination of significance. BE AND THE SAME IS HEREBY SUPERSEDED BY THE PROVISIONS OF THE CITY'S LOCAL PROJECT REVIEW PROCEDURES ORDINANCE. SECTION 17: That Section 4A of Ordinance No. 1348-87 (EMC 20.04.170) which reads as follows: EMC 20.04.170 Adoption by reference. This article contains the rules for preparing environmental impact statements. Subject to the additional provisions contained in this article, the city adopts the following sections of WAC Chapter 197-11 by reference: 197-11-400 Purpose of EIS 197-11-402 General requirements 197-11-405 EIS types 20