A. Purpose Of Section; Adoption By Reference: This section contains rules (and policies) for SEPA's substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This subsection also contains procedures for appealing SEPA determinations to agencies or the courts. The city adopts the following sections by reference:
WAC 197-11-650 | Purpose of this part |
-655 | Implementation |
-660 | Substantive authority and mitigation |
-680 | Appeals |
B. Substantive Authority:
1. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city.
2. The city may attach conditions to a permit or approval for a proposal so long as:
a. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and
b. Such conditions are in writing; and
c. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and
d. The city has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and
e. Such conditions are based on one or more policies in subsection B4 of this section and cited in the license or other decision document.
3. The city may deny a permit or approval for a proposal on the basis of SEPA so long as:
a. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in an FEIS or final SEIS prepared pursuant to this chapter; and
b. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and
c. The denial is based on one or more policies identified in subsection B4 of this section and identified in writing in the decision document.
4. The city designates and adopts by reference the following policies as the basis for the city exercise of authority pursuant to this subsection:
a. The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs and resources to the end that the state and its citizens may:
(1) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
(2) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;
(3) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;
(4) Preserve important historic, cultural and natural aspects of our national heritage;
(5) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
(6) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and
(7) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
b. The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.
C. Appeal To Local Legislative Body: No appeal to the local legislative body shall be allowed. (Ord. 916, 8-3-2015)