Chapter 14.28
SEPA AND AGENCY DECISIONS
Sections:
14.28.010 Purpose of this chapter and adoption by reference.
14.28.020 Substantive authority.
14.28.040 Notice—Statute of limitations.
14.28.010 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 for appealing SEPA determinations to agencies or the courts. The city adopts by reference the following sections of Chapter 197-11 of the Washington Administrative Code, as now existing or as hereafter amended, as supplemented by this chapter:
WAC 197-11-650 Purpose of this part.
197-11-655 Implementation.
197-11-660 Substantive authority and mitigation.
197-11-680 Appeals.
(Ord. 98-567 § 6.1, 1998)
14.28.020 Substantive authority.
A. The policies and goals set forth in this title are supplementary to those of the land use ordinances and plans 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 permit 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 the following policies 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.
(Ord. 98-567 § 6.2, 1998)
14.28.030 Appeals.
A. Any person may file an appeal of SEPA determinations made by the city, as specified below:
1. Only final threshold decisions and the final EIS may be appealed. Intermediate steps such as lead agency determination, scoping, and the draft EIS, may not be appealed.
2. Appeals shall be made in writing to the city council within twenty-one (21) days of the date of the determination being appealed.
3. If the city has made a decision on the proposed action, the SEPA appeal shall consolidate any allowed appeals of procedural and substantive determinations related to the proposed action.
4. Once an appeal is filed, the procedures for hearing the appeal shall be as set forth in the city’s administrative procedures ordinance for Type 1 permits.
B. For any appeal under this subsection, the city shall provide for a record that shall consist of the following:
1. Findings and conclusions;
2. Testimony under oath; and
3. A taped or written transcript.
C. The procedural determination by the city’s responsible official shall carry substantial weight in any appeal proceeding.
D. 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. 98-567 § 6.3, 1998)
14.28.040 Notice—Statute of limitations.
Following the city’s final SEPA determination, the city, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action. 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. If used for a permit or approval for which a statute or ordinance does not establish a time limit for commencing judicial review, the date of publication of the notice of action shall establish the time limit for judicial appeal. (Ord. 98-567 § 6.4, 1998)