1. No later than five years following approval of a planned action EIS, and every five years thereafter, the city’s responsible official shall review the content of the EIS and determine whether the EIS adequately describes the probable significant adverse environmental impacts of development(s) designated as planned actions. If the responsible official determines that the EIS does not adequately describe the probable significant adverse environmental impacts, the responsible official shall issue a report identifying the inadequacies in the EIS. No development may be processed as a planned action until the deficiencies in the EIS have been addressed in additional environmental document(s).

2. If the official determines that the EIS does adequately describe the probable significant adverse environmental impacts, no new environmental document is required.

3. Notice of a determination under this subsection shall be provided to all parties of record for the planned action EIS and to anyone who has requested notification of action under this subsection.

4. Any determination pursuant to this subsection may be appealed by filing a written appeal with the responsible official no later than 14 calendar days following the date of issuance of the determination. Any such appeal shall be processed under Process II (LMC 1.35.200 et seq.).

1. Where a planned action EIS is prepared for activities initiated by some persons or entity other than the city, the responsible official may require payment of all of the costs for preparing the EIS (including, but not limited to, staff hours and consultant fees) by the person(s) or entity initiating the action, pursuant to LMC 17.02.260.

2. Where a planned action EIS is prepared at the initiation of the city, the city may charge a fee on future development that qualifies as a planned action in order to recover all costs of preparing the EIS. Such a fee shall be set in the ordinance designating the development that qualifies as a planned action, pursuant to WAC 197-11-168.

1. The process for preparation of a planned action EIS shall include a public outreach plan designed for the inclusion of the public in the process. The goals of the public outreach plan shall be:

2. The public outreach plan shall emphasize early and continuing public participation and shall provide for: early notification of preparation of a planned action EIS (including a description of the planned action process), opportunity for written comments (both in establishing the scope of the EIS and in review of the draft EIS), public meetings after effective notice, provisions for open discussion, communication programs, information services, and consideration and response to public comments. Persons who have filed a written request with the development and business services department shall be notified of preparation of the EIS and of opportunities to participate in that process. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2426 § 2, 2002)