This article contains rules (and policies) for SEPA's substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This article also contains procedures for appealing SEPA determinations to agencies or the courts. The city adopts the following sections by reference:
197-11-650
Purpose of this part.
197-11-655
Implementation.
197-11-660
Substantive authority and mitigation.
197-11-680
Appeals.
197-11-700
Definitions.
(Ord. 546 § 2, 1985)
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; 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 mitigations 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.
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 final EIS or final supplemental EIS prepared pursuant to this chapter; 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. 
As a basis for the city's exercise of authority under this section, the city designates and adopts by reference the following:
1. 
RCW 43.21C.020(2), providing that 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 resource and approach the maximum attainable recycling of depletable resources.
2. 
RCW 43.21C.020(3), providing that the city recognizes that each persona has a fundamental and inalienable right to a healthful environment and that each persona has a responsibility to contribute to the preservation and enhancement of the environment.
3. 
RCW 36.70A.050 and 36.70A.060 and WAC 365-190-050 and 365-190-060 to guide the city's decisions affecting agricultural, forest and mineral resource lands until such time as the city has revised its comprehensive plan and development regulations to address these resource lands.
4. 
The following city codes, ordinances, resolutions and plans:
a. 
Snoqualmie vicinity comprehensive plan, and amendments thereto;
b. 
Comprehensive water plan;
c. 
Comprehensive sewer plan;
d. 
Six-year street improvement plan;
e. 
Snoqualmie shorelines master program;
f. 
SMC Title 17, Snoqualmie zoning code;
g. 
Chapter 19.08 SMC, shoreline regulations;
h. 
Chapter 16.08 SMC, short subdivisions;
i. 
Chapter 16.12 SMC, binding site improvement;
j. 
Chapter 12.16 SMC, street design standards;
k. 
Chapter 15.12 SMC, flood hazard regulations;
l. 
Chapter 15.04 SMC, adoption of Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, Uniform Abatement of Dangerous Buildings Code and Uniform Fire Code;
m. 
SMC § 15.16.090 and § 15.16.100, fire flow requirements;
n. 
SMC § 15.16.010 through § 15.16.080, land use certification; and
o. 
Chapter 19.12 SMC, sensitive areas.
(Ord. 546 § 2, 1985; Ord. 635 § 1, 1990; Ord. 663 § 2, 1991; Ord. 666 § 1, 1991)
A. 
Any agency or person with standing may appeal the following final threshold environmental determinations and final environmental impact statements issued under Chapter 43.21C RCW, Chapter 197-11 WAC and this chapter:
1. 
Determination of nonsignificance (DNS);
2. 
Mitigated determination of nonsignificance (MDNS);
3. 
Determination of significance (DS);
4. 
Final environmental impact statement (FEIS); or
5. 
Final supplemental environmental impact statement (FSEIS).
Appeal of intermediate steps under SEPA (e.g., lead agency determination, scoping, issuance of a draft EIS or draft SEIS) shall not be allowed. The hearing examiner shall hear and decide any appeals under this section; an appeal pursuant to RCW 43.21C.060 directly to the city council of a decision by a nonelected official conditioning or denying any permit or action pursuant to SEPA shall not be allowed.
B. 
An appeal shall be commenced by filing of a notice of appeal with the department of community development no later than 5:00 p.m. on the fourteenth day following the date of issuance of the final threshold environmental determination or final EIS; provided, however, that when a 15-day MDNS comment period is required pursuant to SMC § 19.04.140, an appeal may be filed no later than 5:00 p.m. on the twenty-first day following issuance. The notice of appeal must contain the information and be accompanied by the appeal fee required by SMC § 2.14.100.
C. 
Notwithstanding any other section of the Snoqualmie Municipal Code, the hearing examiner shall preside over a single, consolidated open-record hearing. This includes hearings for project permit recommendations or decisions that in the absence of an appeal under this section would otherwise be held before or made by another person or body, such as the community development director or planning commission. If an open-record pre-decision or pre-recommendation hearing is required for a project permit application, the open-record SEPA appeal hearing shall be consolidated with the open-record pre-permit recommendation or decision hearing. If the open-record hearing is required as part of an administrative appeal of a project permit decision, the open-record SEPA appeal hearing shall be consolidated with the open-record project permit appeal hearing. Following the consolidated open-record hearing, the hearing examiner shall consider and decide both the SEPA appeal and project permit recommendation or decision, or project permit appeal, as applicable.
D. 
Exceptions to this consolidation requirement in subsection B of this section are as follows, per RCW 43.21C.075(3)(b):
1. 
Appeal of a determination of significance (DS);
2. 
Appeal of a threshold environmental determination for a project where the city is the proponent or the city is funding the project and chooses to conduct SEPA review prior to applying for project permits; and
3. 
Appeal of a threshold environmental determination of a nonproject action.
E. 
The threshold environmental determination or adequacy of the environmental document appealed shall be accorded substantial weight and the burden of establishing the contrary shall be upon the appealing party.
F. 
Appeals under this section are subject to the requirements of Chapter 2.14 SMC. The hearing examiner shall have authority to affirm, reverse or modify the administrative decisions below, to remand cases to the appropriate department with directions for further proceedings, and to grant other appropriate relief in the circumstances.
G. 
Judicial review of the hearing examiner's or other appeal decision shall be a judicial review per RCW 43.21C.075(6) and Chapter 36.70C RCW.
(Ord. 1235 § 1, 2020)