22.02.140 Authority to condition or deny proposals.
A. Any proposal may be conditioned or denied by the city pursuant to RCW 43.21C.060 and WAC 197-11-660 subject to the limitations and requirements contained therein.
B. Pursuant to RCW 43.21C.060, the following policies and plans as they now read or are hereafter amended are identified and designated by the city council as possible bases for the exercise of authority under SEPA:
1. The comprehensive plan of the city;
2. The comprehensive drainage plan;
3. Adopted capital investment program plan;
4. Six-year transportation improvement program;
5. The comprehensive sewer plan;
6. The water system comprehensive plan;
7. Resolution No. 4153, adopting water and sewer developer extension agreements;
8. Bellevue pedestrian corridor and major public open space guidelines;
9. Bellevue design guidelines: building/sidewalk relationships;
10. Information and data regarding critical areas gathered and maintained under BCC 22.02.030;
11. Part 20.25H LUC, the critical areas overlay district;
12. The parks, open space and recreation plan; and
13. City parks master plans as adopted by the city council.
C. Substantive SEPA authority to condition or deny new development proposals or other actions shall be used only in cases where development regulations do not exist or do not apply, or where unanticipated impacts occur which are not mitigated by existing regulations. In cases where the city has adopted regulations to systematically avoid or mitigate adverse impacts, as in the areas of erosion control for water quality, critical areas protection, tree preservation, or city-regulated utilities, those standards and regulations, where applicable, will normally constitute adequate mitigation of the impacts of new development. Unusual circumstances related to a site or to a proposal, as well as environmental impacts not easily foreseeable or quantifiable in advance will be subject to site-specific or project-specific SEPA mitigation.
D. The responsibility for enforcing conditions under SEPA rests with the department or official responsible for enforcing the decision on the underlying action.
E. This section shall not be construed as a limitation on the authority of the city to approve, deny or condition a proposal for reasons based upon other statutes, ordinances, or regulations. (Ord. 5865 § 5, 2009; Ord. 4817 § 11, 1995; Ord. 4341 § 1, 1992; Ord. 4102 § 9, 1990; Ord. 3404 § 29, 1984; Ord. 3305 § 12, 1983; Ord. 2766 § 2, 1979; Ord. 2603 § 1, 1978. Formerly 22.02.081.)