Chapter 18.145
SEPA AND AGENCY DECISIONS

Sections:

18.145.010    Purpose of this section and adoption by reference.

18.145.020    Substantive authority.

18.145.030    Appeals.

18.145.040    Notice—Statute of limitations.

18.145.010 Purpose of this section and 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 section also contains procedures for appealing SEPA determinations to agencies or the courts. The city adopts the following sections of Chapter 197-11 WAC by reference:

    WAC 197-11-650    Purpose of this part.

    -655    Implementation.

    -660    Substantive authority and mitigation.

    -680    Appeals.

(Ord. 00-015 § 2 (part), 2000)

18.145.020 Substantive authority.

A.    The policies and goals set forth in this title are supplementary to those in 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 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 a 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 section:

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 for 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.    Maintain, 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 and incorporates by reference the policies contained in, referenced by or implied by the following city codes, ordinances, resolutions and plans, and all amendments to them in effect on the date a decision is made on a proposal:

a.    BGMC Title 12;

b.    BGMC Title 13;

c.    BGMC Title 15;

d.    BGMC Title 16;

e.    BGMC Title 17;

f.    BGMC Title 18;

g.    Battle Ground comprehensive plan adopted February 1995, and all appurtenant street, water, sewer, drainage and other capital facility elements adopted concurrent with or subsequent to, and any subsequent amendments thereto. (Ord. 14-07 § 10 (part), 2014: Ord. 00-015 § 2 (part), 2000)

18.145.030 Appeals.

Any appeals of a threshold determination made pursuant to this chapter shall be of the notice of final decision as provided for in BGMC 17.200.080; except threshold determinations for Type III land use actions, which shall be made within fifteen days of the issuance of the threshold determination. (Ord. 00-015 § 2 (part), 2000)

18.145.040 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 or county auditor, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 00-015 § 2 (part), 2000)