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 article 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. 26-84)
A. 
The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city of Richland.
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 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.
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 probably 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. 
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 wide sharing of life's amenities;
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, plans, ordinances and resolutions as a basis for the exercise of authority under SEPA:
a. 
The comprehensive plan of the city (Chapter 23.01 RMC);
b. 
The city's zoning code (RMC Title 23);
c. 
The city's fire and building codes (RMC Titles 20 and 21);
d. 
The city's shoreline master program (RMC Title 26);
e. 
Any other policies of the city which have been incorporated in resolutions, regulations, ordinances, plans, or codes and which provide a reasonable basis for conditioning or denying a proposal in order to mitigate adverse environmental impacts.
4. 
The city establishes by reference the following additional policies:
a. 
The policies and regulations of the Benton, Franklin, and Walla Walla Counties' air pollution control authority;
b. 
The policies and regulations of the Benton-Franklin health district;
c. 
The policies and regulations of state or federal regulatory agencies which pertain to environmental quality standards.
(Ord. 26-84)
The following shall be the procedure for appeal of decisions:
A. 
In accordance with RCW 43.21C.060, and except for permits and variances issued pursuant to RMC Title 26 (Shoreline 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 shall be perfected by the proponent or any aggrieved party by filing a written notice with the city clerk within 15 days of the date of the decision. Such notice shall clearly state: the date of the decision from which the appeal is taken; the name, title or other designation of the responsible official; the nature of the decision; the manner in which the appellant is aggrieved; a statement that the appeal is not being filed for the purpose of harassment or causing needless delay to the project forming the subject matter of the appeal; and that the facts contained in the notice of the appeal are true and correct to the best of the appellant's knowledge. The notice shall be subscribed and sworn to by the appellant.
B. 
Subsection (A) of this section shall not apply to threshold determinations or any intermediate steps under SEPA (e.g., lead agency determination, scoping, draft EIS adequacy).
C. 
Upon receipt of a notice of appeal, the city shall proceed according to rules and regulations as may be adopted by the city council.
(Ord. 26-84; Ord. 14-16 § 1)