Chapter 14.16 SEPA and Agency Decisions

Chapter 14.16
SEPA and Agency Decisions

Sections:

14.16.010 Purpose of this chapter and adoption by reference.

14.16.040 Notice--Statute of limitations.

14.16.010 Purpose of this chapter and adoption by reference.

This part 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 determinations to agencies or the courts. The city of MontÈsano adopts the following sections by reference as supplemented by this part:


WAC 197-11-	650	Purpose of this part.
	655	Implementation.
	660	Substantive authority and mitigation.
	680	Appeals

(Ord. 1224 (part), 1985).

14.16.020 Substantive authority.

(a) The policies and goals set forth in this title are supplementary to those in the existing authorization of the city of Montesano.

(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 chapter; 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.

(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 of Montesano adopts by reference the policies in the adopted city of Montesano comprehensive plan.

(e) Except for permits and variances issued pursuant to the Montesano shorelines master program, when any proposal or action not requiring a decision of the city council is conditioned or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the city council. Such appeal may be perfected by the proponent or any aggrieved party by giving notice to the responsible official within ten days of the decision being appealed. Review by the city council shall be on a de novo basis. (Ord. 1224 (part), 1985).

14.16.030 Appeals.

(a) The city of Montesano establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:

(1) Any agency or person may appeal the city's procedural compliance with WAC Chapter 197-11 for issuance of the following:

(A) A final DNS: Appeal of the DNS and substantive determination on the action must be made to the Montesano city council within ten days of the date the permit or other approval is issued.

(B) A DS: The appeal must be made to the Montesano city council within ten days of the date the DS is issued.

(C) An EIS: Appeal of the FEIS and substantive determination on the action must be made to the city council within ten days of the date the approval is issued.

(2) For any appeal under this subsection, the city of Montesano shall provide for a record that shall consist of the following:

(A) Findings and conclusions;

(B) Testimony under oath; and

(3) The procedural determination by the city's responsible official shall carry substantial weight in any appeal proceedings.

(b) The city shall give official notice under WAC 19711-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes time limit for commencing judicial appeal. The following permits or approvals require official notice: Long subdivisions. (Ord. 1224 (part), 1985).

14.16.040 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, applicant, or proponent pursuant to RCW 43.21C.080. (Ord. 1224 (part), 1985).