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The city establishes the following SEPA administrative appeal procedure under RCW 43.21C.075 and WAC 197-11-680:

A. Threshold Determinations.

1. Any agency or person may appeal a determination of significance (DS), a mitigated determination of nonsignificance (MDNS), or a determination of nonsignificance (DNS) by filing an appeal, in conformance with Chapter 22.84 MMC, prior to the lapse of any comment period of a threshold determination under WAC 197-11-340(2).

a. The appeal shall be filed on forms provided by the SEPA administrator and must be filed in original form.

b. The appeal shall set forth the specific reason, rationale, and/or basis for the appeal.

c. Payment of the appeal fee, as specified in the city’s fee resolution, shall occur at the time the appeal is filed.

2. If the appeal has been timely filed and complies with the requirements of subsection (A)(1) of this section, the hearing examiner shall conduct a public hearing into the merits of the appeal. The hearing examiner shall hear and receive testimony, documentary evidence, and arguments from the appellant(s) solely on the issues raised or identified by the appeal. Appeals of threshold determination shall be consolidated in all cases with any public hearing on the merits of the proposal held by the hearing examiner, except for appeals of a DS, which shall be heard separately from the underlying project proposal.

a. The person(s) filing the appeal shall have the burden of going forward with the evidence and the ultimate burden of persuasion.

b. Notice of any public hearing held pursuant to this section shall be provided as specified in this code, or the rules of the hearing examiner.

c. The hearing examiner may continue the hearing from time to time without further mailed or delivered notice.

d. The city shall maintain an electronic record of the testimony and arguments presented and a record of any physical evidence/documents presented.

e. The hearing examiner’s decision shall be rendered within ten working days of the conclusion of an appeal hearing unless a longer period is agreed to in writing, or orally on the record, by the appellant.

f. The hearing examiner’s decision shall include findings of fact and conclusions in support of the decision.

g. The hearing examiner’s decision under this section may be to grant or deny the appeal in whole or in part, or remand the threshold determination to the responsible official for reconsideration.

h. The hearing examiner’s decision shall become final at the expiration of the appeal period, from the date of issuance.

i. The decision of the hearing examiner shall be final and may not be appealed to the city council, as required by WAC 197-11-680(3)(iv), as now or hereafter amended.

B. Adequacy of Environmental Impact Statements.

1. Any agency or person may appeal the adequacy of a final environmental impact statement (FEIS) by filing an appeal in conformance with Chapter 22.84 MMC.

a. The appeal shall be filed on forms provided by the SEPA responsible official and must be filed in original form.

b. The appeal shall set forth the specific reason, rationale, and/or basis for the appeal.

c. Payment of the appeal fee, as specified in the city’s fee resolution, shall occur at the time the appeal is filed.

2. If the appeal has been timely filed and complies with requirements of subsection (B)(1) of this section, the hearing examiner shall conduct a public hearing into the merits of the appeal. The hearing examiner shall hear and receive testimony, documentary evidence, and arguments from the appellant(s) solely on the issues raised or identified by the appeal. Appeals relating to the adequacy of an FEIS shall be consolidated in all cases with any public hearing on the merits of the proposal held by the hearing examiner.

3. The decision of the hearing examiner shall be final and may not be appealed to the city council, as required by WAC 197-11-680(3)(iv), as now or hereafter amended.

C. Substantial Weight Accorded Responsible Official. The procedural determinations by the city’s responsible official shall carry substantial weight in any appeal proceeding under this code.

D. Record. For any appeal under this subsection, 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, the cost of which shall be borne by the appellant.

E. Exhaustion of Remedies. SEPA appeal procedures, as provided herein, must be utilized prior to judicial review of that SEPA decision.

F. The city shall give 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. (Ord. 005/2019 § 10 (Exh. B))