27.01.200 Substantive authority.
(1) The policies and goals set forth in this chapter are supplementary to other County codes.
(2) The County may attach conditions to a license or for a proposal so long as:
(a) Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to the ordinance; and
(b) Such conditions are in writing; and
(c) The mitigation measures included in such conditions are reasonable and capable of being accomplished; and
(d) The County has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient or insufficient to mitigate the identified impacts; and
(e) Such conditions are based on one or more County SEPA policies specified in subsection (4) of this section and cited in the license or other decision document.
(3) The County may deny a license or approval for a proposal on the basis of SEPA so long as:
(a) 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
(b) A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and
(c) The denial is based on one or more SEPA policies identified in subsection (4) of this section and identified in writing in the decision document.
(4) The County designates and adopts by reference the following SEPA policies as the basis for the County’s exercise of authority pursuant to subsections (2) and (3) of this section.
(a) The County 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:
(i) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
(ii) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;
(iii) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;
(iv) Preserve important historic, cultural, and natural aspects of our national heritage;
(v) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
(vi) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and
(vii) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
(b) Clallam County 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.
(c) The County adopts by reference, as SEPA policies, the policies in the following County codes and State and federal laws: CCC Title 31, County Comprehensive Land Use Plan; CCC Title 33, Zoning Ordinance; CCC Title 29, Subdivision Ordinance; Chapter 27.08 CCC, Open Space Ordinance; CCC Title 32, Floodplain Management Ordinance; CCC Title 35, Shoreline Master Program; CCHR 2 Solid Waste; CCHR 4, Sewage Disposal; Chapter 15.02 CCC, Assembly Ordinance; Clallam County Six-Year Road Program; Clallam County Park Plan; Chapter 19.27 CCC, State Uniform Building and Fire Codes; Chapter 90.48 RCW, Water Pollution Control Act; Chapter 90.52 RCW, Pollution Disclosure Act of 1971; Chapter 90.54 RCW, Water Resources Act 1971; Chapter 90.58 RCW, Shoreline Management Act of 1971; Chapter 70.93 RCW, Model Litter Control and Recycling Act; Chapter 70.94 RCW, Washington Clean Air Act; Chapter 70.95 RCW, Solid Waste Management – Recovery and Recycling; Chapter 70.105 RCW, Hazardous Waste Disposal; Chapter 70.105A RCW, Hazardous Waste Regulations; Chapter 70.107 RCW, Noise Control; Sequim Bay Watershed Management Plan; Dungeness River Flood Control Management Plan; Interim Critical Areas Ordinance, Chapter 27.12 CCC; Growth Management Act of 1990, Chapter 36.70A RCW.
Each condition based on State law shall reference said law and shall be accomplished pursuant to the State administration mechanisms established to implement such law.
(d) The County establishes the following additional policies: Clallam County shall apply any mitigation conditions necessary to mitigate identified adverse environmental impacts associated with license applications. Further, if impacts cannot be adequately mitigated as specified in an EIS, Clallam County may deny the license application based upon these impacts. In implementation of this policy for each individual license application Clallam County shall review all of the elements of the environment listed in WAC 197-11-444 and shall attempt to apply conditions as appropriate to mitigate identified adverse environmental impacts under all elements of the environment. Mitigation conditions may include but shall not be limited to: timing and scheduling of construction and operation, modification of site design, project design or location, modification of the physical environment, installation of physical and vegetation improvements, installation of pollution abatement equipment or safety equipment or improvements, providing of or upgrading of on- and off-site infrastructure improvements, including transportation systems, schools, parks and recreation facilities, utilities and drainage systems; conditions for the preservation or protection of specified habitat and species of flora and fauna, mitigation of pollution sources, provision for buffers and open spaces, site restoration, provision for lot owners or homeowners’ maintenance associations.
(5) When any license is conditioned or denied on the basis of SEPA by the responsible official, the decision shall be appealable to the County Commissioners as provided in CCC 27.01.210.