18.04.210 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; 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 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 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 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 city codes, ordinances, resolutions and plans, as they now exist or may be hereafter amended, as a possible basis for the exercise of substantive SEPA authority in the conditioning or denying of proposals:
a. Chapter 43.21C RCW – State Environmental Policy Act.
b. GHMC Title 5 – Business Licenses and Regulations.
c. GHMC Title 6 – Animals.
d. GHMC Title 8 – Health and Safety.
e. GHMC Title 10 – Vehicles and Traffic.
f. GHMC Title 12 – Streets and Sidewalks.
g. GHMC Title 13 – Water and Sewers.
h. GHMC Title 15 – Buildings and Construction.
i. GHMC Title 16 – Subdivisions.
j. GHMC Title 17 – Zoning.
k. GHMC Title 19 – Administration of Development Regulations.
l. The City of Gig Harbor Comprehensive Plan.
m. The City of Gig Harbor Shoreline Master Program.
n. The City’s Six-Year Road Program.
o. The City’s Comprehensive Water Plan.
p. The City’s Comprehensive Sewer Plan.
q. Chapter 18.08 GHMC – Critical Areas.
r. Chapter 18.10 GHMC – Flood Hazard Construction Standards.
s. City of Gig Harbor Public Works Standards.
t. City of Gig Harbor Storm Water Management Ordinance.
u. City of Gig Harbor Concurrency Ordinance.
4. The city establishes the following additional policies:
a. Schools. In order to ensure that adequate school facilities are available to serve new growth and development and to ensure that new growth and development provides mitigation for direct impacts on school facilities identified by the school district as a consequence of proposed development, the city may impose school mitigation fees, all as provided in RCW 82.02.020.
b. Police. In order to ensure that the city’s acceptable level of service for police response is not diminished as a result of new growth and development and to ensure that new growth and development provides mitigation for the direct impacts on the city’s police department that are identified by the city as a consequence of proposed development, the city may impose police and emergency response mitigation fees, all as provided in RCW 82.02.020. (Ord. 1103 § 22, 2007).