11.40.410 Substantive authority | Selah Municipal Code

11.40.410 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 adverse environmental impacts identified in environmental documents prepared pursuant to this chapter;

(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 chapter;

(2) A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impacts; 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, 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 codes, ordinances, resolutions, and plans:

(A) The city of Selah Urban Growth Area Comprehensive Plan;

(B) Selah Comprehensive Water Plan;

(D) Selah Arterial Street Plan;

(E) Selah Zoning, Platting and Subdivision Code;

(F) Selah Shoreline Master Program;

(G) Rural and Urban Solid Waste Plan;

(H) Rural Development Strategy for the city of Selah;

(I) Selah Comprehensive Park & Leisure Services Plan;

(J) Upper Yakima Valley Visioning Report – Vision 2010;

(K) Yakima County Rural Water and Sewerage General Plan;

(L) City of Selah Capital Facilities Plan for Public Works Facilities;

(M) Selah Street Light Plan;

(N) Flood Damage Prevention Ordinance.

(e) Except for permits and variances issued pursuant to shorelines management, 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 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. 2032, § 1 (Exh. A), 2017; Ord. 1392, § 18, 1998; Ord. 1111, § 16, 1993; Ord. 831, § 2, 1984.)