17.75.100 CUP city council authority—Final decision.
A. The designated hearing body, giving substantial weight to the recommendations of the staff report, shall review the application under the following criteria:
1. Whether the proposed action as recommended by city staff is consistent with the criteria established under AMC 17.75.060 and 17.75.080 if applicable;
2. Whether modifications to recommended conditions or restrictions, if any, are adequate to mitigate impacts in a manner which meets the standards of this code and any related development agreement; and
3. Whether project conditions cumulatively are reasonable and would not preclude development of the EPF.
B. Recognizing that RCW 36.70A.200(2) prohibits the city from precluding the siting of an essential public facility, if the permit application proposes siting of a project in a location other than the city’s preferred location as recommended by city staff or otherwise designated under the city’s comprehensive plan or zoning code, the applicant shall present information as to why the city’s preferred location, rather than the location applied for, will preclude development of the project. The applicant shall provide any engineering, financial and other studies and information necessary to explain its position. The city council, with additional analysis and input from city staff, if requested, shall make findings and a decision as to whether siting the project at the city’s preferred location would be impossible, impracticable, or otherwise preclusive. The said findings and decision shall not be deemed, however, to preclude the authority of a regional decision-making body, under law now existing or subsequently amended, to determine where a regional EPF shall be sited, assuming applicable laws and legal requirements are complied with. This section shall not apply to the siting of SCTFs.
C. As a condition of approval pursuant to AMC 17.75.060, the city council may:
1. Increase requirements in the standards, criteria, or policies established by this title;
2. Stipulate the exact location as a means of minimizing hazards to life or limb, property damage, impacts to the environment, erosion, underground collapse, landslides, or transportation systems;
3. Impose conditions necessary to avoid, minimize or mitigate any adverse impacts identified as a result of the project;
4. Require the posting of construction and maintenance bonds sufficient to secure to the city the estimated cost of construction, installation and maintenance of required improvements;
5. Impose any requirement that will protect the public health, safety, and welfare; and
6. Impose conditions as may be deemed necessary to establish parity with uses permitted in the same zone in their freedom from nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards, and similar matters. (Ord. 2794 § 1 (Att. A), 2008)