Spokane Municipal Code

Title 17G Administration and Procedures

Chapter 17G.061 Land Use Application Procedures

Section 17G.061.240 SEPA Threshold Determination

All permit applications are subject to environmental review pursuant to SMC 17E.050.070 and 17E.050.230. An environmental checklist, along with any supplemental documents needed to fully disclose potential environmental impacts and measures to mitigate those impacts, is submitted as part of the application, if applicable. Review of those environmental documents is conducted concurrent with the other application material.

1. DNS Process for Type I, II and III Permit Applications.

1. 1. The administrative official makes a SEPA threshold decision within ten days of the end of the public comment period initiated by the notice of application.

1. 2. For Type I and II permit applications, the administrative official may issue the permit decision and the SEPA threshold determination simultaneously. However, the department shall not issue a decision on the permit application for fourteen days after the issuance of a determination of nonsignificance (DNS) if the proposal involves:

1. 1. 1. another agency with jurisdiction;

1. 1. 2. demolition of any structure or facility not exempted by SMC 17E.050.070;

1. 1. 3. issuance of clearing or grading permits not exempted by SMC 17E.050.070; or

1. 1. 4. a mitigated DNS or determination of significance (DS).

1. 3. The public notice of the DNS shall be integrated with the notice requirements of the underlying project permit application, as prescribed in SMC 17G.061.210.

1. 4. The issuance of a DNS shall follow the process under WAC 197-11-340 and for a mitigated DNS under WAC 197-11-350.

2. Optional DNS process for Type I, II or III permit applications may be used with the following requirements if the administrative official has a reasonable basis for determining that significant adverse impacts are unlikely as a result of the project:

1. 1. A single integrated comment period to obtain comments on the notice of application and the likely threshold determination for the proposal may be used. The time limits of this subsection (B) do not apply when the optional DNS process is utilized for SEPA.

1. 2. Provide notice of application as prescribed in SMC 17G.061.210 as set forth for the underlying project permit application. The notice shall include the following:

1. The notice of application shall state that the responsible official expects to issue a DNS for the proposal, and that:

1. 1. the optional DNS process is being used;

1. 2. this may be the only opportunity to comment on the environmental impacts of the proposal;

1. 3. the proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and

1. 4. a copy of the subsequent threshold determination for the specific proposal may be obtained upon request.

1. 3. List in the notice of application the conditions being considered to mitigate environmental impacts, if a mitigated DNS is expected.

1. 4. Send the notice of application and environmental checklist to:

1. 1. 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

1. 1. 2. anyone requesting a copy of the environmental checklist for the specific proposal.

Date Passed: Monday, November 20, 2023

Effective Date: Monday, January 1, 2024

ORD C36459 Section 35