Chapter 18.125
COMMENTING
Sections:
18.125.010 Adoption by reference.
18.125.030 Designation of official to perform consulted agency responsibilities for the city.
18.125.010 Adoption by reference.
This section contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The city adopts the following sections of Chapter 197-11 WAC by reference, as supplemented in this section:
WAC 197-11-500 Purpose of this part.
-502 Inviting comment.
-504 Availability and cost of environmental documents.
-508 SEPA register.
-510 Public notice.
-535 Public hearings and meetings.
-545 Effect of no comment.
-550 Specificity of comments.
-560 FEIS response to comments.
-570 Consulted agency costs to assist lead agency.
(Ord. 00-015 § 2 (part), 2000)
18.125.020 Public notice.
A. Whenever possible, the city shall integrate the public notice required under this section with existing notice procedures for the city’s nonexempt permit(s) or approval(s) required for the proposal.
B. Whenever the city issues a DNS under WAC 197-11-340(2) or a DS under WA 197-11-360(3) the city shall give public notice consistent with the notice provisions at BGMC 17.200.080 as follows:
1. If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due.
2. If an environmental document is issued concurrently with the notice of application, the public notice requirements for the notice of application in RCW 36.70B.110(4) will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1).
3. If no public notice of a threshold determination is otherwise required for the permit or approval, the city shall give notice of the DNS or DS by:
a. Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located;
b. Notifying public or private groups which have expressed written interest in a certain proposal or in the type of proposal being considered; and
c. Provide notice with the notice of decision as provided for in BGMC 17.200.080(C).
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 and in the public notice.
C. Whenever the city issues a DEIS under WAC 197-11-455(5) or a SEIS 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 license; and at least one of the following.
2. Posting the property, for site-specific proposals;
3. Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located;
4. Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered;
5. Notifying the news media;
6. Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and/or
7. Publishing notice in agency newsletters and/or sending notice to agency mailing lists (general lists or specific lists for proposals or subject areas).
D. Public notice for projects that qualify as planned actions shall be tied to the underlying permit as specified in WAC 197-11-172(3).
E. The city may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. (Ord. 00-015 § 2 (part), 2000)
18.125.030 Designation of official to perform consulted agency responsibilities for the city.
A. The planning director or designee shall be responsible for preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.
B. The director shall be responsible for the city’s compliance with WAC 197-11-550 whenever the city is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city. (Ord. 00-015 § 2 (part), 2000)