Chapter 16.24
SEPA AND AGENCY DECISIONS

Sections:

16.24.010    Purpose – Adoption by reference.

16.24.020    Substantive authority.

16.24.030    Notice – Statute of limitations.

16.24.010 Purpose – Adoption by reference.

This chapter contains rules and policies for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determination to agencies or the courts. The city adopts the following sections by reference:

WAC

197-11-650    Purpose of this part

197-11-655    Implementation

197-11-660    Substantive authority and mitigation

197-11-680    Appeals

(Ord. 84-339 § 7(A), 1984)

16.24.020 Substantive authority.

A. The policies and goals set forth in this title are supplementary to those in the existing authorization of the city.

B. The city may attach conditions to a permit or approval for a proposal as long as:

1. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this title; and

2. Such conditions are in writing; and

3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

4. The city has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

5. Such conditions are based on one or more policies in subsection (D) of this section and cited in the license or other decision document.

C. The city may deny a permit or approval for a proposal on the basis of SEPA so long as:

1. 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 title; and

2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

3. The denial is based on one or more policies identified in subsection (D) of this section and identified in writing in the decision document.

D. The city designates and adopts by reference the following policies as the basis for the city’s exercise of authority pursuant to this chapter:

1. 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:

a. Fulfill the responsibilities of each generation as trustee of the environment of succeeding generations;

b. Assure for all people of Washington safe, healthful, productive and aesthetically and culturally pleasing surroundings;

c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable and unintended consequences;

d. Preserve important historic, cultural and natural aspects of our national heritage;

e. Maintains, wherever possible, an environment which supports diversity and variety of individual choice;

f. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and

g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

2. 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.

3. The city adopts by reference the policies in the following plans: zoning ordinance, building codes and comprehensive plans as adopted.

E. Except for permits and variances issued pursuant to shoreline management act as adopted by the city, when any proposal or action not requiring a decision of the city is conditioned or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the city. Such appeal may be perfected by the proponent or any aggrieved party by giving notice to the responsible official within 10 days of the decision being appealed. Review by the city shall be on a de novo basis. (Ord. 84-339 § 7(B), 1984)

16.24.030 Notice – Statute of limitations.

A. The city, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.

B. The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the clerk-treasurer, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 84-339 § 7(C), 1984)