11.40.420 Administrative appeal.
(a) The city establishes the following administrative appeal procedures under RCW 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 DNS. Appeal of the DNS must be made to the city council within five business days of the date the DNS is final by filing a written notice of appeal with the responsible official setting forth the principal points on which the appeal is based, together with the filing fee for appeals (See Title 20, Unified Fee Schedule).
(b) A DS. The appeal must be made to the city council within five business days of the date the DS is issued by filing a written notice of appeal with the responsible official setting forth the principal points on which the appeal is based, together with the filing fee for appeals (see Selah Code Chapter 20, Unified Fee Schedule).
(2) Any appeal under this subsection shall be heard by the city council at a public hearing to be scheduled within thirty days of the date the appeal is filed. 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.
(3) The procedural determination by the city's responsible official shall carry substantial weight in any appeal proceedings.
(4) Utilizing the criteria set forth in Chapter 43.21C RCW, Chapter 197-11 WAC, and this title, the city council may affirm or reverse the decision of the responsible official or implement the additional information gathering mechanisms of WAC 197-11-335. In the event the decision of the responsible official is reversed, the council shall issue its own DS, DNS, or mitigated DNS in accordance with the provisions set forth in Chapter 197-11 WAC and this title.
(5) Only one appeal of the threshold determination shall be allowed on a proposal.
(b) There shall be no separate administrative appeal pursuant to RCW 43.21C.060 of decisions by nonelected officials to condition or deny applications on the basis of SEPA. The appeal of an administrative decision to condition or deny an application on the basis of SEPA shall be consolidated in all cases with administrative appeals, if any, provided by state law or city ordinance on the merits of the proposal. (Ord. 2032, § 1 (Exh. A), 2017; Ord. 1111, § 17, 1993; Ord. 831, § 2, 1984.)