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The following time limits, expressed in calendar days shall apply when the City processes licenses, approvals and project permits for all private projects and those governmental proposals submitted to the City by other agencies requesting the City to perform lead agency duties:

A. Categorical exemptions. The City shall identify whether an action will likely be categorically exempt under the SEPA rules and supplemental provisions adopted in 20.790.800 VMC of this Chapter no later than in its issuance of the preapplication conference summary under Section 20.210.080(H) VMC. If a preapplication conference is not required under Section 20.210.080 VMC, the City shall determine whether the project is categorically exempt within 28 days of receiving an application.

B. Threshold determinations for project permit applications.

1. No threshold determination shall be issued prior to the expiration of the comment period for any notice of application required by Chapter 20.210 VMC, Decision-Making Procedures, unless the responsible official uses the optional DNS provisions contained in 20.790.200 VMC of this Chapter.

2. A final determination shall be issued at least 15 days prior to any open record hearing or open record pre-decision hearing required pursuant to Chapter 20.210 VMC, Decision-Making Procedures.

3. If a determination of significance is made under this Chapter concurrently with any notice of application under Chapter 20.210 VMC, Decision-Making Procedures, the notice of application shall be combined with the determination of significance and scoping notice; provided, that nothing in this Section prevents a determination of significance and scoping notice from being issued prior to the notice of application.

4. Nothing in this Section prevents a lead agency, when it is a project proponent or is funding a project, from conducting its review under SEPA or from allowing appeals of procedural determinations prior to submitting a project permit application.

5. The optional DNS process provided in 20.790.200 VMC of this Chapter may be used to indicate on the notice of application that the lead agency is likely to issue a DNS. If this optional process is used, a separate comment period on the DNS may not be required.

6. If the City’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the City conduct environmental review prior to submission of the detailed plans and specifications and the responsible official may agree to such request; provided, that for project permit proposals, the earliest point at which environmental review may be initiated is upon filing of a fully-complete application, including an environmental checklist, as determined by Chapter 20.210 VMC, Decision-Making Procedures.

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

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

b. Precede the City’s actual threshold determination for the proposal.

8. City’s response. The responsible official shall respond in writing to the request in 7 working days. Such response will:

a. 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

b. 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.

9. Status of written response. 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 earl notice, shall not bind the City to consider the clarifications or changes in its threshold determination.

C. Threshold determinations for nonproject permit proposals.

1. For all proposals not classified as project permits, the City should complete threshold determinations which may be determined solely upon review of the environmental checklist within 14 days of determining that an adequate application and completed checklist have been submitted.

2. When the responsible official requires further information or studies from the applicant or consultation with other agencies with jurisdiction:

a. The City should request such further information or studies within 14 days of determining that an adequate application and checklist have been submitted for nonproject permit proposals.

b. The City shall wait no longer than 30 days for a consulted agency to respond.

c. The responsible official should complete the threshold determination within 14 days of receiving the requested information or studies from the applicant or the consulted agency; provided, that in the case of information requested from a consulted agency that does not respond within 30 days, the responsible official should complete the threshold determination immediately unless further information was also requested from the applicant or another agency, provided further, that the provisions of Subsection 20.790.140(B) shall apply to project permit proposals.

3. Where the City must initiate further studies, including field investigations, to obtain the information to make the threshold determination, the City should complete the studies within 30 days of receiving a fully-complete application and checklist for project permit proposals, and within 30 days of receiving an adequate application and checklist for nonproject permit proposals.

4. For nonexempt proposals where action by an advisory or decision-making body such as the planning commission, hearings examiner, or City Council is required, the determination of nonsignificance (DNS) or final EIS for the proposal shall accompany the City’s staff recommendation to the advisory or decision-making body. (Ord. M-3643, 2004)