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 adopts the following sections by reference:
WAC 197-11-650
Purpose of this part.
WAC 197-11-655
Implementation.
WAC 197-11-660
Substantive authority and mitigation.
WAC 197-11-680
Appeals.
(Ord. 2304 § 1 (part), 2013)
A. 
The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city of Centralia.
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; and
2. 
Such conditions are in writing; and
3. 
The conditions or 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.
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 chapter; and
2. 
A finding is made that no reasonable mitigation measures are 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 adopts by reference the policies in the following:
a. 
City of Centralia Municipal Code, including all other chapters contained in CMC Title 16, Environment;
b. 
Shoreline Management Act;
c. 
Water Quality Act;
d. 
Lewis County board of health regulations;
e. 
Growth Management Act;
f. 
Forest Practice Act and Regulations;
g. 
City of Centralia water and sewer plan;
h. 
City of Centralia comprehensive plan;
i. 
City of Centralia shoreline master program;
j. 
City of Centralia critical area policies.
(Ord. 2304 § 1 (part), 2013)
A. 
Any person may appeal the issuance of:
1. 
A determination of nonsignificance;
2. 
A determination of significance;
3. 
A final environmental impact statement; and
4. 
Any decision of a nonelected official which conditions or denies a proposal or action on the basis of SEPA, except for permits or variances issued pursuant to Chapter 16.21 CMC. No other SEPA appeal shall be allowed.
B. 
Except for an appeal of a determination of significance (DS), there shall be no more than one administrative SEPA appeal proceeding.
C. 
An appeal must be filed in writing with the responsible official within fourteen calendar days from the date of the determination, or twenty-one calendar days from the date of the determination, when the determination is subject to a SEPA public comment period as required under WAC 197-11-340. The appeal shall identify the decision, contain a summary of the grounds for the appeal and be accompanied by an appeal fee in an amount established by resolution of the city council. Following receipt of the appeal and the fee, the responsible official shall transmit a copy of the appeal to the hearing examiner.
D. 
The appeal shall be heard by the hearing examiner at a public hearing, notice of which shall be published once and mailed to the appellant and delivered to the responsible official at least fifteen days before the public hearing.
E. 
At the public appeal hearing, the hearing examiner shall consider all relevant evidence and take testimony on oath. The public hearing shall be tape recorded. Upon completion of the public hearing, the hearing examiner shall enter findings of fact, conclusions of law and a decision, giving substantial weight to the decision of the responsible official.
F. 
The decision of the hearing examiner is final unless an appeal is filed with the superior court.
G. 
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. If there is no time period for appealing the underlying government action and a notice of action under RCW 43.21C.080 is used, appeal shall be commenced within the time period specified by RCW 43.21C.080.
(Ord. 2304 § 1 (part), 2013)