Chapter 18.72
COMMENTING
Sections:
18.72.010 Adoption by reference.
18.72.030 Designation of official to perform consulted agency responsibilities for city.
18.72.010 Adoption by reference.
This chapter 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 by reference, as supplemented in this chapter:
WAC
197-11-500 Purpose of this part.
197-11-502 Inviting comment.
197-11-504 Availability and cost of environmental documents.
197-11-508 SEPA register.
197-11-510 Public notice.
197-11-535 Public hearings and meetings.
197-11-545 Effect of no comment.
197-11-550 Specificity of comments.
197-11-560 FEIS response to comments.
197-11-570 Consulted agency costs to assist lead agency.
(Ord. 548 § 2 (Exh. D) (part), 2007)
18.72.020 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 pursuant to Chapter 18.16, Procedures for Land Use Permits and Decisions.
B. Whenever the city issues a DNS under WAC 197-11-340(2), an MDNS under WAC 197-11-350, or a DS under WAC 197-11-360(3), the city shall give public notice pursuant to Type II procedures described in Section 18.16.090, Process II—Administrative action, as follows:
1. 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).
2. If no public notice is otherwise required for the permit or approval, the city shall give notice of the DNS or DS by:
a. Posting the property for site-specific proposals;
b. Posting notice in a conspicuous place at City Hall.
3. 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. If a DNS is issued using the optional DNS process, the public notice requirements for a notice of application in RCW 36.70B.110(4) as supplemented by the requirements in WAC 197-11-355 will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1)(b).
D. Whenever the city issues a DEIS under WAC 197-11-455(5) or an 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;
2. Posting the property, for site-specific proposals;
3. Publishing notice in a newspaper of general circulation in Clark County;
4. Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered; and
5. Posting public notice in a conspicuous place at City Hall and two other prominent locations within the city limits.
E. The city may require an applicant to complete the public notice requirements. However, the applicant shall reimburse the city for costs directly associated with this requirement. (Ord. 548 § 2 (Exh. D) (part), 2007)
18.72.030 Designation of official to perform consulted agency responsibilities for city.
A. The responsible official 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/or reviewing a draft EIS.
B. The responsible official shall be responsible for the city’s compliance with WAC 197-11-550 whenever the city is a consulted agency and the responsible official 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. 548 § 2 (Exh. D) (part), 2007)