Chapter 18.04 STATE ENVIRONMENTAL POLICY ACT

These procedures are adopted under authority of the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904. (Ord. 485 § 2, 1994).

18.04.020 Adoption by reference.

The following sections of Chapter 197-11 of the Washington Administrative Code (WAC), as presently existing and as may subsequently be amended, is hereby adopted by reference, as if fully set forth herein:

WAC

197-11-040Definitions.

197-11-050Lead agency.

197-11-055Timing of the SEPA process.

197-11-060Content of environmental review.

197-11-070Limitations on actions during SEPA process.

197-11-080Incomplete or unavailable information.

197-11-090Supporting documents.

197-11-100Information required of applicants.

197-11-300Purpose of this part.

197-11-305Categorical exemptions.

197-11-310Threshold determination required.

197-11-315Environmental checklist.

197-11-330Threshold determination process.

197-11-335Additional information.

197-11-340Determination of nonsignificance (DNS).

197-11-350Mitigated DNS.

197-11-360Determination of significance (DS)/initiation of scoping.

197-11-390Effect of threshold determination.

197-11-400Purpose of EIS.

197-11-402General requirements.

197-11-405EIS types.

197-11-406EIS timing.

197-11-408Scoping.

197-11-410Expanded scoping.

197-11-420EIS preparation.

197-11-425Style and size.

197-11-430Format.

197-11-435Cover letter or memo.

197-11-440EIS contents.

197-11-442Contents of EIS on nonproject proposals.

197-11-443EIS contents when prior nonproject EIS.

197-11-444Elements of the environment.

197-11-448Relationship of EIS to other considerations.

197-11-450Cost-benefits analysis.

197-11-455Issuance of DEIS.

197-11-460issuance of FEIS.

197-11-500Purpose of this part.

197-11-502Inviting comment.

197-11-504Availability and cost of environmental documents.

197-11-508SEPA register.

197-11-510Public notice.

197-11-535Public hearings and meetings.

197-11-545Effect of no comment.

197-11-550Specificity of comments.

197-11-560FEIS response to comments.

197-11-570Consulted agency costs to assist lead agency.

197-11-600When to use existing environmental documents.

197-11-610Use of NEPA documents.

197-11-620Supplemental environmental impact statement – Procedures.

197-11-625Addenda – Procedures

197-11-630Adoption – Procedures.

197-11-635Incorporation by reference – Procedures.

197-11-640Combining documents.

197-11-650Purpose of this part.

197-11-655Implementation.

197-11-660Substantive authority and mitigation.

197-11-680Appeals.

197-11-700Definitions.

197-11-702Act.

197-11-704Actions.

197-11-706Addendum.

197-11-708Adoption.

197-11-710Affected tribe.

197-11-712Affecting.

197-11-714Agency.

197-11-716Applicant.

197-11-718Built environment.

197-11-720Categorical exemptions.

197-11-722Consolidated appeal.

197-11-724Consulted agency.

197-11-726Cost-benefits analysis.

197-11-728County/city.

197-11-730Decision maker.

197-11-732Department.

197-11-734Determination of nonsignificance (DNS).

197-11-736Determination of significance (DS).

197-11-738EIS.

197-11-740Environment.

197-11-742Environmental checklist.

197-11-744Environmental document.

197-11-746Environmental review.

197-11-748Environmentally sensitive area.

197-11-750Expanded scoping.

197-11-752Impacts.

197-11-754Incorporation by reference.

197-11-756Lands covered by water.

197-11-758Lead agency.

197-11-760License.

197-11-762Local agency.

197-11-764Major action.

197-11-766Mitigated DNS.

197-11-768Mitigation.

197-11-770Natural environment.

197-11-772NEPA.

197-11-774Nonproject.

197-11-776Phased review.

197-11-778Preparation.

197-11-780Private project.

197-11-782Probable.

197-11-784Proposal.

197-11-786Reasonable alternative.

197-11-788Responsible official.

197-11-790SEPA.

197-11-792Scope.

197-11-793Scoping.

197-11-794Significant.

197-11-796State agency.

197-11-797Threshold determination.

197-11-799Underlying governmental action.

197-11-800Categorical exemptions.

197-11-880Emergencies.

197-11-890Petitioning DOE to change exemptions.

197-11-900Purpose of this part.

197-11-902Agency SEPA policies.

197-11-908Environmentally sensitive areas.

197-11-916Application to ongoing actions.

197-11-920Agencies with environmental expertise.

197-11-924Lead agency.

197-11-926Lead agency for government proposals.

197-11-928Lead agency for public and private proposals.

197-11-930Lead agency for private projects with one agency with jurisdiction.

197-11-932Lead agency for private projects requiring licenses from more than one agency, when of the agencies is county/city.

197-11-934Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.

197-11-936Lead agency for private projects requiring licenses from more than one state agency.

197-11-938Lead agencies for specific proposals.

197-11-940Transfer of lead agency status to a state agency.

197-11-942Agreements on lead agency status.

197-11-944Agreements on division of lead agency duties.

197-11-946DOE resolution of lead agency disputes.

197-11-948Assumption of lead agency status.

197-11-950Severability.

197-11-960Environmental checklist.

197-11-965Adoption notice.

197-11-970Determination of nonsignificance (DNS).

197-11-980Determination of significance (DS) and scoping notice.

197-11-985Notice of assumption of lead agency status.

197-11-990Notice of action.

(Ord. 485 § 3, 1994).

18.04.030 Additional definitions.

In addition to those definitions set forth in KMC 18.04.020, the following words and terms shall have the following meanings, unless the context indicates otherwise.

(1) “Advisory body” means any body, established by the city council, the responsibilities of which include review of development proposals for the purpose of making recommendations to the council.

(2) “Development” means the rezoning of property, the subdivision of land, the construction of buildings, or any physical alterations of the land which is subject to city approval and to the requirements of SEPA.

(3) “Environmentally sensitive areas” include the following areas and ecosystems:

(a) Wetlands, which are areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas for mitigated conversion;

(b) Areas with critical recharging effect on aquifers used for potable water;

(d) Frequently flooded areas, which include those areas in the 100-year old floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program and other frequently flooded areas;

(e) Geological hazardous areas, which include those areas that are not suited to commercial, residential, or industrial development because of susceptibility to erosion, sliding, earthquakes, or other geological hazardous to public health or safety;

(f) Fish and wildlife habitat conservation areas, which include:

(i) Areas with which endangered, threatened, and sensitive species have primary association;

(ii) Habitats and species of local importance;

(iii) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat;

(iv) Waters of the state;

(v) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; and

(vi) State natural area preserves and natural resource conservation areas.

(4) “SEPA” means Chapter 43.21C RCW, and now existing or as may subsequently be amended.

(5) “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology, as now existing or as may subsequently be amended. (Ord. 485 § 4, 1994).

18.04.040 Responsible official designated.

The mayor, or his or her designee, shall be the SEPA responsible official for the city, and shall carry out the duties and functions of the city when it is acting as the lead agency or as a consulted agency, under SEPA and the SEPA rules. (Ord. 485 § 5, 1994).

18.04.050 Determination of categorical exemption.

(1) Any city department which received an application for a proposal, or initiates a proposal which is potentially subject to the requirements of SEPA, shall make the following determinations:

(a) Whether the proposal is an “action” as defined by WAC 197-11-714; and

(b) If the proposal is an “action,” whether it is categorically exempt from the requirements of SEPA; and

(c) If the proposal is a nonexempt action, whether appropriate environmental review of the project has been conducted or commenced.

(2) The responsible official or the responsible official’s designee shall assist any department in making the determinations required by this section, upon request by the department.

(3) The city of Kittitas recognizes that the list of categorical exemptions included in the SEPA rules cannot be relied upon as the final determination of whether a proposed project, regardless of its environmental impact, must comply with SEPA and this chapter. Where the responsible official determines that a proposal has a reasonable likelihood of causing more than a moderated adverse impact on environmental quality, whether that impact is direct, indirect or cumulative, environmental review under SEPA shall be conducted.

(4) It is recognized that a particular development or land use, though otherwise consistent with city regulations and policies, may create adverse impacts upon facilities, services, natural systems or the surrounding area when aggregated with the impacts of prior or reasonably anticipated future developments. The city shall evaluate such cumulative environmental determinations and substantive decisions accordingly. (Ord. 485 § 6, 1994).

18.04.060 Environmental checklist required.

(1) Whenever the responsible official determines that a proposal is a nonexempt action for which appropriate environmental review has not been conducted or commenced, the responsible official shall require the action proponent to prepare and submit an environmental checklist including the following:

(a) The original, signed copy of the environmental checklist;

(b) A copy of any completed application form in the department’s possession relating to the proposal;

(d) Any additional information in the department’s possession addressing the proposed action’s environmental impacts.

(2) The environmental review process shall not begin until a complete application (an environmental checklist and requested supporting materials) is received by the responsible official. Incomplete environmental checklist applications will be returned to the applicant for completion as directed by the responsible official.

(3) The provisions of this section shall not apply when the responsible official and the proponent of a nonexempt action agree in writing that the proposal is likely to have significant adverse environmental impacts, and further agree that an environmental impact statement (EIS) will be prepared. (Ord. 485 § 7, 1994).

18.04.070 Environmental impact statement.

Whenever the responsible official has issued a determination of significance (DS) for a nonexempt action, it shall be the responsibility of the individual, corporation, agency or the city department initiating or proposing the action to prepare a draft EIS and a final EIS under the supervision of the responsible official. Consultants shall be selected based on their expertise and knowledge related to the scoped environmental elements to be analyzed in the EIS documents. Regardless of who prepares an EIS, it is the EIS of the city and the responsible official must be satisfied that the EIS complies with this chapter, with SEPA and with the SEPA rules prior to issuance of the EIS. (Ord. 485 § 8, 1994).

18.04.080 Preparation and review of environmental impact statement – Responsibilities and process.

(1) Preparation of draft and final environmental impact statement (DEIS and FEIS) and all supplemental EIS material shall be the responsibility of the responsible official and lead agency. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.

(2) The DEIS and FEIS or draft and final impact statements and any supplemental documents that are required shall be prepared by city staff, or by a consultant approved by city of Kittitas in accordance with the following system:

(a) City of Kittitas shall prepare and maintain a list of qualified environmental consultants and firms. Any proposed consultant whose name is not on the list must submit a statement of qualifications including information on experience in the preparation of environmental impact statements. Upon approval of the submitted qualifications, the mayor shall add the name to the list of qualified consultants.

(b) Any special appeal on the selection or denial of a consultant shall be referred to the city council whose decision on the matter will be final.

(3) The city may require the applicant to provide additional information the city does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. This does not apply to information the city may request under another ordinance or statute. (Ord. 485 § 9, 1994).

18.04.090 Public notice.

(1) Whenever public notice is required under the SEPA rules, the responsible official shall cause notice to be given in the following manner:

(a) By posting the subject property as directed by the responsible official (site specific proposals only); and

(b) By publishing notice in the official newspaper of the city.

(2) Additional public notice may be provided for proposal having, or potentially having, unusually widespread, unique, or significant adverse impacts, or for other proposals, at the discretion of the responsible official.

(3) Where notice is required for an action which has been proposed or initiated by a party other than the city or a city department, the cost of newspaper publication of such notice or notices shall be borne by the applicant. (Ord. 485 § 10, 1994).

18.04.100 Internal circulation of environmental document.

Relevant environmental documents shall accompany proposals through existing city project review processes. The responsible official shall ensure that environmental documents are provided to decision makers in the following sections. (Ord. 485 § 11, 1994).

18.04.110 Timing of a decision on nonexempt action.

(1) For nonexempt actions, the procedural requirements of SEPA, the SEPA rules and this chapter shall be completed prior to the city’s issuance of a license, permit, or other approval, and prior to the city committing to a particular course of action, or prior to the city making a decision which would either have adverse environmental impacts, or limit the choice of reasonable alternatives.

(2) A final decision on a nonexempt action for which a DNS has been issued or an EIS has been required shall not be made until after expiration of the environmental appeal period, or if appealed, shall not be made until the decision of the appeal becomes final. (Ord. 485 § 12, 1994).

18.04.120 Authority to condition or deny proposals.

(1) The policies and goals set forth and referenced by this chapter are supplementary to other zoning, land use, and regulatory ordinances of the city.

(2) The city may attach conditions to a permit or approval so long as:

(a) Such conditions are necessary to mitigate probable significant adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and

(b) Such conditions are in writing; and

(d) The city has considered whether other local, state, or federal mitigation measures applicable to the proposal are sufficient to mitigate the identified impacts; and

(e) Such conditions are based on one or more policies, plans, rules or regulations designated in KMC 18.04.020 as a basis for the exercise of substantive SEPA authority, and cited in the license, permit, ordinance, or other decision document.

(3) All proposals to conduct activities having a possible significant impact on environmentally sensitive areas must identify the environmentally sensitive areas affected and make an estimate of the probable impact. The city of Kittitas shall deny all requests for permits which would result in activities degrading a wetland or fish and wildlife habitat conservation area, which would put people or property in positions of unacceptable risk with respect to floods or geological hazards, which would tend to aggravate a geologically hazardous area, or which would harm critical recharging areas for aquifers for potable water. The city of Kittitas may, however, grant permits which include mitigating measures if the mitigation measures adequately protect the environmentally sensitive area and people involved.

(4) The city may deny a permit or approval for a proposal on the basis of SEPA so long as:

(a) A finding is made that approval would result in probable significant adverse environmental impacts which are identified in a final EIS prepared pursuant to this chapter; and

(b) A finding is made that there are no reasonable mitigation measures capable of being accomplished which are sufficient to make the identification impacts nonsignificant; and

(c) The denial is based on one or more policies, plans, rules or regulations designated in KMC 18.04.020 as a basis for the exercise of substantive SEPA authority, and cited in the license, permit, ordinance or other decision document.

(5) If the lead agency determines, after the initial review of a project, that a proposed action could not comply with adopted plans, policies, rules or regulations, and where the city has authority other than SEPA to deny the proposal, the project can be denied outright without making a threshold determination, which denial shall be in writing. Proposed actions which are subsequently modified, amended or deemed to be consistent with adopted plans, policies, rules or regulations shall not receive final approval until the proposed action is in full compliance with SEPA, the SEPA rules, and this chapter.

(6) Where the responsible official has issued a mitigated DNS, the decision maker shall not approve the proposal until:

(a) The proponent has modified the proposal, either through modification of plans and other application materials or through a separate written instrument attached to the application, such that the mitigating measures of the mitigated DNS become part of the proposal; or

(b) The decision maker has incorporated the mitigating measures of the mitigated DNS into the license, permit, ordinance or other approval; or

(7) Where mitigating measures are agreed to, or imposed, and where the proponent fails to implement such mitigating measures, the city shall have the authority to revoke any permit, license, or other approval granted on the basis of such mitigating measures. (Ord. 485 § 13, 1994).

18.04.130 Substantive authority.

The city adopts by reference the following policies, plans, rules and regulations, as now existing or as may subsequently be amended, as a basis for the exercise of substantive authority to approve, condition, or deny proposed actions under RCW 43.21C.060 of SEPA:

(1) City of Kittitas comprehensive plan.

(2) City of Kittitas zoning code.

(3) City of Kittitas six-year street plan.

(4) State growth management legislation or initiatives. (Ord. 485 § 14, 1994).

18.04.140 City responsibilities as consulted agency.

In carrying out the city’s duties as a consulted agency, the responsible official shall request information from any department potentially affected by or having expertise on a proposal. Information timely received by the responsible official in response to such request shall be transmitted to the lead agency. The responsible official may transmit such information by forwarding copies of any department responses, or by consolidating all department responses into a single city response. (Ord. 485 § 15, 1994).

18.04.150 Environmental appeals.

Any person aggrieved by a final threshold determination of significance, final determination of nonsignificance, or inadequacy of a final EIS may file an appeal with the city of Kittitas city council. Appeal of intermediate steps under SEPA (e.g., lead agency determination, scoping, draft EIS adequacy) shall not be allowed. (Ord. 485 § 16, 1994).

18.04.160 Time limitation on appeals.

A written notice of appeal identifying the grounds for appeal must be filed with the city clerk within 10 days of the issuance of the final threshold determination of significance, final determination of nonsignificance, or final EIS. (Ord. 485 § 17, 1994).

18.04.170 Fee to accompany notice of appeal.

A fee of $100.00 shall accompany the written notice of appeal and be filed within the appeal period with the city clerk. No notice of appeal shall be accepted unless accompanied by full payment of the filing fee. This fee shall be utilized to cover publication costs, mailing and other costs directly associated with the appeal. (Ord. 485 § 18, 1994).

18.04.180 Notice of hearing.

Notice of appeal, timely filed, shall be transmitted by the city clerk to the city council and the SEPA responsible official. The council shall determine the date, time, and place of a public hearing to consider the appeal, and shall notify the parties thereof. (Ord. 485 § 19, 1994).

18.04.190 Public hearing.

A public hearing upon appeal of a threshold determination shall be conducted by the city council. (Ord. 485 § 20, 1994).

18.04.200 Testimony – Recording.

All testimony taken at any public hearing shall be taken under oath. The hearing shall be recorded electronically. (Ord. 485 § 21, 1994).

18.04.210 Substantial weight – Burden of proof.

A threshold determination by the responsible official is entitled to substantial weight. The burden shall be on the appellant to establish that the determination is in error. (Ord. 485 § 22, 1994).

18.04.220 Decision of the city council.

Upon the basis of all of the information received in public hearing, and all information relied upon by the responsible official, the city council shall prepare a written decision, including findings of fact and conclusions. (Ord. 485 § 23, 1994).

18.04.230 Dismissal of appeal.

The city council may summarily dismiss an appeal without hearing, when such an appeal is determined by the council to be without merit on its face, frivolous, or brought merely to impede a process or secure a delay. (Ord. 485 § 24, 1994).

18.04.240 Superior court review – Limitations for appeal.

The decision of the city council on appeal for a threshold determination may be appealed to the superior court of Kittitas County within 30 days of the council’s decision. Such superior court review shall be conducted on the record compiled by the city council, consistent with other applicable law. (Ord. 485 § 25, 1994).

18.04.250 SEPA review policy and procedure for city of Kittitas growth management products.

The following procedures and internal policies are hereby instituted for implementing the State Environmental Policy Act on the various growth management documents, plans, and other products. (Ord. 485 § 26, 1994).

18.04.260 Overall management environmental goals, policies and objectives.

(1) City of Kittitas will strive to maintain the quality of our environment through implementing the requirements of the Growth Management Act.

(2) City of Kittitas will meet all substantive and procedural requirements of the city of Kittitas SEPA ordinance, Chapter 43.21C RCW and Chapter 197-11 WAC.

(3) It is the intent of the city to balance development needs with preservation of the city’s unique environment.

(4) City of Kittitas will utilize a high degree of citizen participation in the growth management planning process which shall be accurately conveyed throughout the SEPA process.

(5) Through the environmental review process, the city shall ensure internal consistency within all comprehensive growth management plans.

(6) Pursuant to the State Environmental Policy Act, city of Kittitas shall review and analyze all potentially significant adverse environmental impacts of various growth management documents based on their cumulative effect on the environment.

(7) All environmental information produced in the review process shall be as accurate as possible which may create the need for outside consultation. City of Kittitas considers accurate environmental information is essential in ensuring good decision making.

(8) The environmental review process will have particular emphasis upon the protection of individual rights and the customs and cultures of the region. (Ord. 485 § 27, 1994).

18.04.270 SEPA procedures for growth management products.

(1) Through the development of various growth management documents the staff shall facilitate adherence to the established SEPA goals and objectives. This may be manifested in direct staff facilitation, policy changes, procedure adjustments, and amendments to the adoption process and public review period.

(2) At the completion of the planning process for each growth management product, an environmental checklist will be prepared by the lead agency. Once the checklist is prepared, it will be sent out for review and comment prior to threshold determination. The lead agency will allow sufficient time for all agencies and parties of record to comment and make suggestions for amendments related to SEPA.

(3) Once all of the comments are received according to the specified time period, the lead agency shall analyze the submitted comments for their substantive relationship to the city’s SEPA goals and polices for growth management. The lead agency shall change and amend the checklist if it is decided the scope and intent of the submitted comments warrant such changes. These changes may include additional information in the checklist related to either the human or physical environment. A final threshold determination will not be made until the lead agency can demonstrate that all of the responding comments have been addressed.

(4) When the lead agency has made a final threshold determination, an automatic 15-day comment period will commence. This comment period is required for all growth management documents regardless of whether additional governmental approvals are necessary. The circulation of the final threshold determination will be the same as described in subsection (2) of this section. All public notice requirements will be met as stipulated in the city of Kittitas SEPA ordinance and WAC 197-11-510. (Ord. 485 § 28, 1994).

18.04.280 Expanded environmental checklist.

(1) The lead agency may determine that after growth management planning process has concluded that an expanded environmental checklist is necessary. The expanded environmental checklist shall be substantially the same as the checklist described in WAC 197-11-960 but contains much greater discussion and a a broader range of information. The format for the expanded checklist will involve the elaboration, either whole or in part, of certain subsections of the checklist.

(2) In order to prepare the expanded checklist, the lead agency shall consult with various agencies, organizations and individuals having specific environmental knowledge and expertise. A SEPA review meeting may be convened in order to coordinate and assemble all available and pertinent environmental data.

(3) The expanded checklist and subsequent processing of the threshold determination shall be conducted in accordance with KMC 18.04.060. (Ord. 485 § 29, 1994).

18.04.290 Mitigated determination of nonsignificance – Growth management.

(1) A mitigated determination of nonsignificance (MDNS) may be issued if the lead agency feels specific mitigating measures are needed to avoid significant adverse environmental impacts, as a result of growth management actions and recommendations. Mitigating measures may be prescribed as a direct response to submitted comments, concerns and feedback identified through the threshold determination process. Implementation will occur through policy or ordinance revisions, clarifications, text and/or procedure changes in the record of decision prior to completing the threshold determination.

(2) The mitigated determination of nonsignificance will be issued and processed in the same manner as stipulated in WAC 197-11-350.

(3) Mitigating measures can be used to commit to further analysis or study on any given SEPA element. Further analysis may include preparation of alternatives, additional review or investigation on potential environmental impacts of any portion of a particular growth management product.

(4) The mitigation measures may serve as standards in which subsequent growth management policies and regulations are created or established. (Ord. 485 § 30, 1994).

18.04.300 Determination of significance – Growth management.

(1) If after completing the growth management threshold determination process the lead agency decides that a determination of significance is warranted, a public notice will be issued pursuant to WAC 197-11-360 and this chapter.

(2) After the public notice is issued and prior to scoping, the lead agency shall prepare substantive findings of fact on why an environmental impact statement (EIS) is needed. The results may be used during scoping to focus or concentrate on specific areas of the EIS. The developed findings will be used to substantiate the need for management document or process. (Ord. 485 § 31, 1994).

18.04.310 Appeals on threshold determinations for growth management products.

(1) Should a private or public organization or individual appeal the decision of the lead agency to issue a determination of nonsignificance (DNS), the appellant shall also submit written findings substantiating the need for an EIS. The required findings shall be submitted within 30 days of the filing of the appeal. The appeal procedures on any DNS related to the adoption of any growth management product shall be processed and proceed in accordance with KMC 18.04.060. Appeals beyond the local level prescribed in this chapter shall be within the jurisdiction of the Eastern Washington Growth Management Hearings Board.

(2) With any appeal of a DNS related to a growth management product, the appellants shall clearly and definitely demonstrate that the adoption of the proposed growth management document will have a significant adverse environmental impact. This demonstration shall be made to the responsible official of the lead agency and to the city council and/or the Eastern Washington Growth Management Hearings Boards. Such demonstration shall be used to determine the appropriateness of the appeal itself. (Ord. 485 § 32, 1994).

18.04.320 Copies to be available.

A copy of the Washington Administrative Code adopted by reference shall be authenticated and recorded by the city clerk and not less than one copy thereof shall be available in the office of the city clerk for use and examination by the public. (Ord. 485 § 34, 1994).