§ 2.52.160. Mitigated DNS.

(a)

As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.

(b)

An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:

(1)

Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the city is lead agency; and

(2)

Proceed the city actual threshold determination for the proposal.

(c)

The responsible official should provide written response to the request for early notice as soon as feasible after the city receives a written request. The response shall:

(1)

State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the city to consider a DS; and

(2)

State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.

(d)

As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

(e)

When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the city shall base its threshold determination on the changes or clarified proposal if the city indicated specific mitigating measures in its response to a request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures the city shall issue a DNS or MDNS.

(f)

A mitigated DNS issued under WAC 197-11-340(2) requires a fourteen (14) day comment period and public notice.

(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 city should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).

(i)

The city's written response under subsection (b) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the city to consider the clarifications or changes in its threshold determination.

(Ord. 2526 §§ 10—12, 2007; Ord. 971 § 3(E), 1984)