16.20.190 SEPA decisions – Substantive authority.
A. The city may attach conditions to a permit or approval for a proposal so long as:
1. The policies and goals set forth in this section are supplementary to those in the existing authorization of the city of Bellingham;
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 BMC 16.20.200 and cited in the permit, approval, license or other decision document.
B. 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 FEIS or final supplemental EIS; 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 BMC 16.20.200 and identified in writing in the decision document. [Ord. 2004-09-064].