16.04.170 Appeals.
A. The city establishes the following administrative appeal procedures under RCW 43.21C.060, 43.21C.075 and WAC 197-11-680:
1. Any agency or person may appeal the city’s procedural compliance with Chapter 197-11 WAC for issuance of the following:
a. A final determination of nonsignificance (DNS) or mitigated DNS: The appeal must be filed in writing with the board of adjustment within fourteen days of the date that the DNS or mitigated DNS becomes final. Any and all appeals of a final DNS or mitigated DNS shall be heard simultaneously with the underlying application for a city permit of approval.
b. A final determination of significance: The appeal must be filed in writing with the board of adjustment within fourteen calendar days of the issuance of the determination of significance by the city.
2. Any person or agency may appeal to the city’s hearing examiner any substantive action taken by the city pursuant to SEPA and Chapter 197-11 WAC (for example, requiring particular mitigation measures or denying a project) by filing a written appeal with the city clerk within fourteen days of final action on the underlying project.
3. For any appeal under this subsection, the city shall provide for a record that shall consist of the following:
a. Findings and conclusions;
b. Testimony under oath; and
c. A taped or written transcript.
4. The city may require the appellant to provide an electronic transcript.
5. The procedural determination by the city’s responsible official shall carry substantial weight in any appeal proceeding.
B. The city shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal.
[Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), WAC 173-806-170, filed 6/15/84. Formerly Chapter 173-805 WAC.]
(Ord. 858 § 11, 1998; Ord. 779 § 2, 1994).