14.02.170 Authority to condition or deny proposals.
A. The policies and goals set forth and referenced by this chapter are supplementary to other zoning, land use, and regulatory ordinances of the City.
B. The City may attach conditions to a permit or approval so long as:
1. Such conditions are necessary to mitigate probable significant 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 applicable to the proposal are sufficient to mitigate the identified impacts; and
5. Such conditions are based on one or more policies, plans, rules or regulations designated in LMC 14.02.030 as a basis for the exercise of substantive SEPA authority, and cited in the license, permit, ordinance, 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 approval would result in probable significant adverse environmental impacts which are identified in a final EIS prepared pursuant to this chapter; and
2. A finding is made that there are no reasonable mitigation measures capable of being accomplished which are sufficient to make the identified impacts nonsignificant; and
3. The denial is based on one or more policies, plans, rules, or regulations designated in LMC 14.02.030 as a basis for the exercise of substantive SEPA authority, and cited in the license, permit, ordinance or other decision document.
D. If the lead agency determines, after the initial review of a project, that a proposed action could not comply with adopted plans, policies, rules or regulations, and where the City has authority other than SEPA to deny the proposal, the project can be denied outright without making a threshold determination, which denial shall be in writing. Proposed actions which are subsequently modified, amended, or deemed to be consistent with adopted plans, policies, rules or regulations shall not receive final approval until the proposed action is in full compliance with SEPA, the SEPA rules, and this chapter.
E. Where the responsible official has issued a mitigated DNS, the decision maker shall not approve the proposal until:
1. The proponent has modified the proposal, either through modification of plans and other application materials or through a separate written instrument attached to the application, such that the mitigating measures of the mitigated DNS become part of the proposal; or
2. The decision maker has incorporated the mitigating measures of the mitigated DNS into the license, permit, ordinance or other approval; or
3. A combination of the aforesaid.
F. Where mitigating measures are agreed to, or imposed, and where the proponent fails to implement such mitigating measures, the City shall have the authority to revoke any permit, license or other approval granted on the basis of such mitigating measures. [Ord. 42 § 1, 1996.]