17.149.070 SEPA and agency decisions | Stanwood Municipal Code

17.149.070 SEPA and agency decisions.

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 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. (1) Introduction. (2) Appeal to local legislative body. (3) Judicial appeals.

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

(b) The city may attach conditions to a permit or approval for a proposal so long as:

(i) Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and

(ii) Such conditions are in writing; and

(iii) The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

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

(v) Such conditions are based on one or more policies in subsection (1)(d) of this section and cited in the license or other decision document.

(i) 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 chapter; and

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

(iii) The denial is based on one or more policies identified in subsection (1)(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:

(i) 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.

(ii) 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.

(iii) The city adopts, by reference, the policies in the following city plans, codes, ordinances, and resolutions as they currently appear and as hereafter amended:

(A) City of Stanwood Comprehensive Plan;

(B) City of Stanwood Municipal Code;

(D) City of Stanwood waste water facilities plan;

(E) City of Stanwood comprehensive water system plan;

(F) City of Stanwood storm drainage master plan;

(G) City of Stanwood comprehensive flood hazard management plan;

(H) City of Stanwood Shoreline Master Program;

(I) City of Stanwood comprehensive emergency management plan;

(J) City of Stanwood six-year street plan;

(K) DOE Stormwater Manual for Western Washington 2005;

(L) Snohomish County countywide planning policies;

(M) Snohomish County Stanwood urban growth area drainage needs report.

(e) Except for permits and variances issued pursuant to Chapter 17.150 SMC, Shoreline Management Standards, 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 hearing examiner. 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 council shall be on a de novo basis.

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

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

(A) A final DNS. Appeal of the DNS must be made to the city hearing examiner within 14 days of the date the DNS is final (see WAC 197-11-390(2)(a)).

(B) A DS. The appeal must be made to the city hearing examiner within 14 days of the date the DS is issued.

(C) An EIS. Appeal of the FEIS must be made to the city council within 10 days of the date the permit or other approval is issued.

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

(A) Findings and conclusions;

(B) Testimony under oath; and

(iii) The city may require the appellant to provide an electronic transcript.

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

(b) 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.

(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. 1356 § 29, 2013; Ord. 1164 § 4, 2004; Ord. 1084 § 3, 2000; Ord. 1051, 1998).