15.02.130 Notice of SEPA determinations.
A. Overview. To the maximum extent feasible, SEPA notice shall be integrated into the other public notice requirements, including the notice of application process. Where a specific form of notice is required by both notice for the applicable review process and notice under SEPA, a single integrated notice shall meet the notice requirements (e.g., a single publication in the newspaper shall be sufficient to meet the publication requirements under both sections).
B. SEPA and Neighborhood Leader Mailing Lists.
1. The city shall establish a SEPA mailing list consisting of all public or private groups or individuals who submit a written request with the responsible official that they be notified of all SEPA actions which require public notice under WAC 197-11-510.
2. The city shall also establish a neighborhood leader mailing list, which shall include the duly elected chairperson of each neighborhood group. It shall be the responsibility of the neighborhood chairperson or his/her designated representative to notify the responsible official in writing of the name and mailing address of his/her successor. “Neighborhood group” means a group representing a specified geographic area within the city which is formally recognized by the city’s office of neighborhoods and which has elected officers and representatives on the council of neighborhoods.
C. Optional DNS Process.
1. To provide for an integrated project review process, the city will use the optional DNS process as set forth in WAC 197-11-355, unless the responsible official determines that another SEPA threshold determination process would more effectively implement SEPA procedures and requirements. A single comment period shall be used unless the responsible official determines that substantial new information regarding the environmental impacts of the proposal has been received during the comment period and that an additional public comment period on the new information is necessary.
2. If the city uses the optional process specified in subsection (C)(1) of this section, the city shall:
a. State on the first page of the notice of application that it expects to issue a DNS for the proposal, and that:
(1) The optional DNS process is being used;
(2) This may be the only opportunity to comment on the environmental impacts of the proposal;
(3) The proposal may include mitigation measures under applicable codes, and that project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and
(4) A copy of the subsequent threshold determination for the specific proposal may be obtained upon request;
b. List in the notice of application the conditions being considered to mitigate environmental impacts, if a mitigated DNS is expected;
c. Provide a notice of application and SEPA public notice as required by Section 15.02.100(B);
d. Send the notice of application and environmental checklist (or other environmental document if applicable) to:
(1) 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
(2) Anyone requesting a copy of the environmental checklist of the specific proposal.
3. If the city indicates on the notice of application that a DNS is likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice of application (WAC 197-11-948).
4. The responsible official shall consider timely comments on the notice of application and either:
a. Issue a DNS or mitigated DNS (or other environmental document if applicable) with no comment period using the procedures in subsection (C)(5) of this section;
b. Issue a DNS or mitigated DNS (or other environmental document if applicable) with a comment period using the procedures in subsection (C)(5) of this section, if the lead agency determines a comment period is necessary;
c. Issue a DS; or
d. Require additional information or studies prior to making a threshold determination.
5. If a DNS or mitigated DNS is issued under subsection (C)(4)(a) of this section, the lead agency shall send a copy of the DNS or mitigated DNS to the Department of Ecology, agencies with jurisdiction, those who commented, and anyone requesting a copy. A copy of the environmental checklist need not be recirculated.
D. Notice of SEPA Threshold Determinations. Whenever the city issues a DNS under WAC 197-11-340(2) or 197-11-355, or a DS under WAC 197-11-360(1), the city shall give public notice as follows:
1. For site-specific proposals, notice shall be given by:
a. Mailing notice to the SEPA mailing list established under subsection B of this section;
b. Posting notice as specified by Section 15.02.110.
2. For nonproject or other proposals that are not site-specific (e.g., city or areawide), notice shall be given by:
a. Mailing notice to the SEPA mailing list established under subsection B of this section; and
b. Publishing notice in the official city newspaper.
3. In exceptional circumstances, where it is determined that methods of notice provided for SEPA notice in this subsection would not provide adequate public notice of a proposed action, the responsible official may require additional notice or notice by another reasonable method. Failure to require such additional or alternative notice shall not be a violation of any notice procedure.
4. Whenever the city issues a DS under WAC 197-11-360(3), the city shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408.
E. Notice of Draft EIS. Whenever the city issues a draft EIS under WAC 197-11-455(5) or a draft supplemental EIS under WAC 197-11-620, notice of the availability of those documents shall be given by:
1. Indicating the availability of the DEIS in any public notice required for a nonexempt permit;
2. Publishing notice in the official city newspaper;
3. Mailing a notice of availability to the SEPA mailing list and the neighborhood leader mailing list established under subsection A of this section; and
4. Sending the DEIS to other agencies and persons requesting a copy of the DEIS, as specified in WAC 197-11-455.
F. Notice of Final EIS. Whenever the city issues a final EIS under WAC 197-11-460 or a final supplemental EIS under WAC 197-11-620, notice of the availability of those documents shall be given by:
1. Indicating the availability of the FEIS in any public notice required for a nonexempt permit;
2. Mailing notice of availability to anyone who received or commented on the DEIS, as provided by WAC 197-11-460;
3. Sending the FEIS to all agencies with jurisdiction, to all agencies who commented on the DEIS, and to anyone requesting a copy of the FEIS.
G. The city may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. (Ord. 3774-20 § 3 (Exh. 2), 2020.)