Spokane Municipal Code

Title 17E Environmental Standards

Chapter 17E.050 SEPA

Article VII. SEPA and Agency Decisions

Section 17E.050.200 Substantive Authority

1. The policies and goals set forth in this ordinance are supplementary to those in the existing authorization of the City of Spokane, Spokane County, Spokane Regional Health District and Spokane County Air Pollution Control Authority.

2. The City of Spokane may attach conditions to a permit or approval for a proposal so long as:

1. 1. such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared with regard to the license and pursuant to this ordinance; and

1. 2. such conditions are in writing; and

1. 3. the mitigation measures included in such conditions are reasonable and capable of being accomplished; and

1. 4. the City of Spokane has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

1. 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.

3. The City of Spokane may deny a permit or approval for a proposal on the basis of SEPA provided that:

1. 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 ordinance; and

1. 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

1. 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.

4. The City of Spokane adopts the following policies as the basis for the exercise of substantive authority, pursuant to this section.

1. 1. The City of Spokane 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:

1. 1. 1. fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

1. 1. 2. assure for all people of Washington safe, healthful, productive and aesthetically and culturally pleasing surroundings;

1. 1. 3. attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

1. 1. 4. preserve important historic, cultural and natural aspects of our national heritage;

1. 1. 5. maintain, wherever possible, an environment which supports diversity and variety of individual choice;

1. 1. 6. achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and

1. 1. 7. enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

1. 2. The City of Spokane 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.

1. 3. The City of Spokane, for the purposes of RCW 43.21C.060 and WAC 197-11-660(a), adopts by reference the policies, plans, rules and regulations, and all amendments thereto, identified in Appendix A. Appendix A is adopted and may be amended by the City of Spokane pursuant to WAC 197-11-902 and is exempt from SMC 17E.050.270 (amending this chapter).

5. Except for permits and variances issued pursuant to chapter 90.58 RCW (the Washington State Shorelines Management Act) and rules promulgated thereto, appeals of decisions or actions conditioned or denied on the basis of SEPA by a nonelected official shall be appealable in accordance with SMC 17E.050.210.

Date Passed: Monday, February 21, 2005

Effective Date: Wednesday, March 30, 2005

ORD C33583 Section 3

Section 17E.050.200 Substantive Authority

1. The policies and goals set forth in this ordinance are supplementary to those in the existing authorization of the City of Spokane, Spokane County, Spokane Regional Health District and Spokane County Air Pollution Control Authority.

2. The City of Spokane may attach conditions to a permit or approval for a proposal so long as:

1. 1. such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared with regard to the license and pursuant to this ordinance; and

1. 2. such conditions are in writing; and

1. 3. the mitigation measures included in such conditions are reasonable and capable of being accomplished; and

1. 4. the City of Spokane has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

1. 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.

3. The City of Spokane may deny a permit or approval for a proposal on the basis of SEPA provided that:

1. 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 ordinance; and

1. 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

1. 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.

4. The City of Spokane adopts the following policies as the basis for the exercise of substantive authority, pursuant to this section.

1. 1. The City of Spokane 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:

1. 1. 1. fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

1. 1. 2. assure for all people of Washington safe, healthful, productive and aesthetically and culturally pleasing surroundings;

1. 1. 3. attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

1. 1. 4. preserve important historic, cultural and natural aspects of our national heritage;

1. 1. 5. maintain, wherever possible, an environment which supports diversity and variety of individual choice;

1. 1. 6. achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and

1. 1. 7. enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

1. 2. The City of Spokane 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.

1. 3. The City of Spokane, for the purposes of RCW 43.21C.060 and WAC 197-11-660(a), adopts by reference the policies, plans, rules and regulations, and all amendments thereto, identified in Appendix A. Appendix A is adopted and may be amended by the City of Spokane pursuant to WAC 197-11-902 and is exempt from SMC 17E.050.270 (amending this chapter).

5. Except for permits and variances issued pursuant to chapter 90.58 RCW (the Washington State Shorelines Management Act) and rules promulgated thereto, appeals of decisions or actions conditioned or denied on the basis of SEPA by a nonelected official shall be appealable in accordance with SMC 17E.050.210.

Date Passed: Monday, February 21, 2005

Effective Date: Wednesday, March 30, 2005

ORD C33583 Section 3