16.20.210 Appeals and notice of action.
A. The city establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680.
B. Any aggrieved person may appeal the following threshold decisions:
1. A determination of significance (DS) when issued for a project action; however, no appeal is provided for a DS when issued for a nonproject action;
2. A mitigated determination of nonsignificance (MDNS) for a Type III-A or Type III-B decision.
C. Any aggrieved person may appeal the conditioning or denial of the following permits when the conditions or denial were based on SEPA:
1. A Type II permit, except shoreline permits, by the planning director;
2. A Type III-B permit by the hearing examiner only when the permit decision may be appealed to the city council; and
3. A Type VII permit by the landmark review board.
D. No other SEPA administrative appeals shall be allowed.
E. Appeals shall be conducted as follows:
1. An appeal listed in subsection (B)(1) or (2) or (C)(1) of this section shall be decided by the hearing examiner after an open record appeal hearing following the procedures in BMC 21.10.250. The hearing on an appeal under subsection (B)(2) of this section shall be consolidated with any open record predecision or appeal hearing on the associated project decision unless it is exempt from this requirement under WAC 197-11-680(3)(vi).
2. An appeal listed in subsection (C)(2) of this section shall be decided by the city council after a closed record hearing following the procedures in BMC 21.10.120(O).
3. An appeal listed in subsection (C)(3) of this section shall be decided by the hearing examiner after a closed record appeal hearing following the procedures in BMC 21.10.250.
4. 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.
5. The city may require the appellant to provide an electronic transcript.
6. The procedural determination by the city’s responsible official shall carry substantial weight in any appeal proceeding.
F. Appeals of a DS are procedural SEPA appeals which are conducted by the hearing examiner pursuant to the provisions of BMC 21.10.250 subject to the following:
1. Only one appeal of a DS shall be allowed on a proposal.
2. An appeal of a DS must be filed within 14 calendar days following issuance of the DS.
3. The hearing examiner shall make a final decision on an appeal of a DS. The hearing examiner’s decision may be appealed to superior court as provided in BMC 21.10.250(I).
G. Administrative appeals of decisions to condition or deny applications pursuant to RCW 43.21C.060 shall be consolidated in all cases with administrative appeals, if any, on the merits of a proposal.
H. An appeal shall not be accepted unless the appeal filing fee, as set by the city council, has been paid.
I. 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.
J. The city, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action. The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published pursuant to RCW 43.21C.080.