14.02.250 Administrative appeals.
A. Any person may appeal a threshold determination, adequacy of a final EIS and conditions or denials of a requested action made by a non-elected city official pursuant to the procedures set forth in this section. No other SEPA appeal shall be allowed.
B. All SEPA appeals must be filed in writing with the director either:
1. Within 14 calendar days after the date of issuance of a notice of decision (see BMC 11.12.007(C)) if the responsible official does not designate a comment period in the threshold decision; or
2. Within 21 calendar days after the date of issuance of a notice of decision if the responsible official designates a comment period in the threshold decision.
The notice of decision shall state the applicable appeal period. All appeals shall contain a statement of reasons why the decision of the responsible official is allegedly in error and comply with the other requirements for a written appeal listed in BMC 11.14.005(D).
C. On receipt of a timely notice of appeal and the appeal fee set in BMC 14.02.300, the director shall advise the hearing examiner of the pendency of the appeal and the hearing examiner shall set a date to hear the appeal. When an appeal is received on a quasi-judicial application which requires an open record public hearing, the hearing examiner shall hold a consolidated open record public hearing on the appeal and the underlying application.
D. SEPA appeals shall be heard in open record public hearing. All relevant evidence shall be received during the hearing of the appeal. Appeals shall be considered de novo and limited to the issues cited in the notice of appeal. The procedural determination by the city’s responsible official shall carry substantial weight in any appeal proceeding.
E. The hearing examiner may postpone or continue a hearing for cause, but shall not grant requests for postponement or continuance of an appeal hearing to allow an applicant to proceed with an alternate development proposal under separate application, unless all parties to the appeal agree in writing.
F. For any appeal under this section, the city shall provide for a record that shall consist of the following:
1. Findings and conclusions;
2. Testimony under oath; and
3. A taped or written transcript of the open record hearing.
G. The decision of the hearing examiner on the SEPA appeal shall be final, with no additional administrative appeal. Upon filing of a judicial appeal under Chapter 36.70C RCW (the Land Use Petition Act) or any other available writ, any certified copies or written transcripts required for such shall be prepared by the city clerk at the expense of the appellant.
H. If a time limit is established by statute or ordinance for commencing a judicial appeal of the project permit, the responsible official shall give official notice of the date and place for commencing the appeal. The notice shall include:
1. Notice that any SEPA issues must be appealed within the time limit set by statute or ordinance for appealing the underlying governmental action;
2. The time limit for commencing the appeal of the underlying governmental action and SEPA issues, and the statute or ordinance establishing the time limit; and
3. Where the appeal may be filed.
Written notice shall be provided to the applicant, all parties to any administrative appeal, and all persons who have requested notice of decisions concerning the project. Such notice may be appended to the permit, the decision documents, the SEPA compliance documents, or may be printed separately. (Ord. 1871 § 1, 2002; Ord. 1768 § 6, 1999; Ord. 1631 § 1, 1996; Ord. 1370 § 1, 1990; Ord. 1149, 1984).