Chapter 18.80
SEPA AND AGENCY DECISIONS

Sections:

18.80.010    Purpose of this chapter and adoption by reference.

18.80.020    Substantive authority.

18.80.030    Appeals.

18.80.040    Notice/statute of limitations.

18.80.010 Purpose of this chapter and 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 chapter also contains procedures to appeal SEPA determinations to agencies or the courts. The city adopts the following sections of SEPA rules 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. 548 § 2 (Exh. D) (part), 2007)

18.80.020 Substantive authority.

A.    The policies and goals set forth in this chapter 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 so long as:

1.    Such conditions are necessary to mitigate specific, probable, significant, and adverse environmental impacts; 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 are cited in the license or other decision document.

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

1.    A finding has been made by the responsible official that the proposal, if approved, would result in probable significant adverse environmental impacts identified in a final EIS, or final supplemental EIS prepared pursuant to this chapter; and

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

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

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

1.    The city shall use all practicable means, consistent with other essential considerations of city and state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and city and their citizens may:

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

b.    Assure for all people of the state and city 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 and local heritage;

e.    Maintain, whenever 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 city plans, policies, regulations, standards and resolutions:

a.    The currently adopted Rainier Municipal Code and amendments thereto;

b.    Rainier capital facilities plan. (Ord. 575 § 20, 2009; Ord. 548 § 2 (Exh. D) (part), 2007)

18.80.030 Appeals.

A.    The city of Rainier establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:

1.    Any appeal of an action taken by the city of Rainier shall be made in accord with Chapter 18.16, Process II appeal authority. Where this section or Chapter 18.16 is silent or ambiguous, the city shall consult WAC 197-11-680 to determine appropriate appeals procedure.

2.    Unless otherwise directed by WAC 197-11-680, the city shall attempt to consolidate appeals of SEPA substantive or procedural determinations and of local land use decisions.

3.    The time limit for commencing an appeal of a city decision shall be fourteen (14) days from the effective date of the decision. A person with standing may appeal a city decision at any time prior to the end of the effective date of a decision.

4.    An appeal of the intermediary steps under SEPA (e.g., lead agency determination, scoping or draft EIS adequacy) shall not be allowed (WAC 197-11-680(3)(a)(ii)).

B.    For any appeal under this subsection, the city shall provide for a record that shall consist of:

1.    Findings and conclusions;

2.    Testimony under oath; and

3.    A taped or written transcript.

C.    The city may require the appellant to provide the electronic transcript.

D.    The procedural determination by the city’s responsible official shall carry substantial weight in any appeal proceeding.

E.    The city shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. (Ord. 548 § 2 (Exh. D) (part), 2007)

18.80.040 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 city clerk, county auditor, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 548 § 2 (Exh. D) (part), 2007)