Chapter 16A.23 ENVIRONMENTAL RULES/PROCEDURES

These procedures are adopted under authority of the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, Chapter 197-11 WAC. (Ord. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 90-1061 § 1. Formerly 13.30.010)

16A.23.020 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, are hereby adopted by reference, as if fully set forth herein:

WAC

197-11-040 Definitions.

197-11-050 Lead agency.

197-11-055 Timing of the SEPA process.

197-11-060 Content of environmental review.

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

197-11-080 Incomplete or unavailable information.

197-11-090 Supporting documents.

197-11-100 Information required of applicants.

197-11-158 GMA project review – Reliance on existing plans, laws and regulations.

197-11-164 Planned actions – Definition and criteria.

197-11-168 Ordinances or resolutions designating planned actions – Procedures for adoption.

197-11-172 Planned actions – Project review.

197-11-210 SEPA/GMA integration.

197-11-220 SEPA/GMA definitions.

197-11-228 Overall SEPA/GMA integration procedures.

197-11-230 Timing of an integrated GMA/SEPA process.

197-11-232 SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping.

197-11-235 Documents.

197-11-238 Monitoring.

197-11-250 SEPA/Model Toxics Control Act integration.

197-11-253 SEPA lead agency for MTCA actions.

197-11-256 Preliminary evaluation.

197-11-259 Determination of nonsignificance for MTCA remedial action.

197-11-262 Determination of significance and EIS for MTCA remedial actions.

197-11-265 Early scoping for MTCA remedial actions.

197-11-268 MTCA interim actions.

197-11-300 Purpose of this part.

197-11-305 Categorical exemptions.

197-11-310 Threshold determination required.

197-11-315 Environmental checklist.

197-11-330 Threshold determination process.

197-11-335 Additional information.

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

197-11-350 Mitigated DNS.

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

197-11-390 Effect of threshold determination.

197-11-400 Purpose of EIS.

197-11-402 General requirements.

197-11-405 EIS types.

197-11-406 EIS timing.

197-11-408 Scoping.

197-11-410 Expanded scoping.

197-11-420 EIS preparation.

197-11-425 Style and size.

197-11-430 Format.

197-11-435 Cover letter or memo.

197-11-440 EIS contents.

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

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

197-11-444 Elements of the environment.

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

197-11-450 Cost-benefit analysis.

197-11-455 Issuances of DEIS.

197-11-460 Issuances of FEIS.

197-11-500 Purpose of this part.

197-11-502 Inviting comment.

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

197-11-508 SEPA register.

197-11-510 Public notice.

197-11-535 Public hearings and meetings.

197-11-545 Effect of no comment.

197-11-550 Specificity of comments.

197-11-560 FEIS response to comments.

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

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

197-11-610 Use of NEPA documents.

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

197-11-625 Addenda – Procedures.

197-11-630 Adoption – Procedures.

197-11-635 Incorporation by reference – Procedures.

197-11-640 Combining documents.

197-11-650 Purpose of this part.

197-11-655 Implementation.

197-11-660 Substantive authority and mitigation.

197-11-680 Appeals.

197-11-700 Definitions.

197-11-702 Act.

197-11-704 Action.

197-11-706 Addendum.

197-11-708 Adoption.

197-11-710 Affected tribe.

197-11-712 Affecting.

197-11-714 Agency.

197-11-716 Applicant.

197-11-718 Built environment.

197-11-720 Categorical exemption.

197-11-721 Closed record appeal.

197-11-722 Consolidated appeal.

197-11-724 Consulted agency.

197-11-726 Cost-benefit analysis.

197-11-728 County/city.

197-11-730 Decision maker.

197-11-732 Department.

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

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

197-11-738 EIS.

197-11-740 Environment.

197-11-742 Environmental checklist.

197-11-744 Environmental document.

197-11-746 Environmental review.

197-11-750 Expanded scoping.

197-11-752 Impacts.

197-11-754 Incorporation by reference.

197-11-756 Lands covered by water.

197-11-758 Lead agency.

197-11-760 License.

197-11-762 Local agency.

197-11-764 Major action.

197-11-766 Mitigated DNS.

197-11-768 Mitigation.

197-11-770 Natural environment.

197-11-772 NEPA.

197-11-774 Nonproject.

197-11-775 Open record appeal.

197-11-776 Phased review.

197-11-778 Preparation.

197-11-780 Private project.

197-11-782 Probable.

197-11-784 Proposal.

197-11-786 Reasonable alternative.

197-11-788 Responsible official.

197-11-790 SEPA.

197-11-792 Scope.

197-11-793 Scoping.

197-11-794 Significant.

197-11-796 State agency.

197-11-797 Threshold determination.

197-11-799 Underlying governmental action.

197-11-800 Categorical exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to change exemptions.

197-11-900 Purpose of this part.

197-11-902 Agency SEPA policies.

197-11-908 Critical areas.

197-11-916 Application to ongoing actions.

197-11-920 Agencies with environmental expertise.

197-11-922 Lead agency rules.

197-11-926 Lead agency for governmental proposals.

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

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

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

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

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

197-11-938 Lead agencies for specific proposals.

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

197-11-942 Agreements on lead agency status.

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

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

197-11-948 Assumption of lead agency status.

197-11-950 Severability.

197-11-960 Environmental checklist.

197-11-965 Adoption notice.

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

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

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

197-11-990 Notice of action.

(Ord. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 98-1052 § 1; Ord. 90-1061 § 2. Formerly 13.30.020)

16A.23.030 Additional Definitions

In addition to those definitions set forth in SMC 16A.23.020, the following words and terms shall have the following meanings, unless the context indicates otherwise:

A. “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.

B. “Department” means the Department of Community and Economic Development.

C. “Development” means the rezoning of property, the subdivision of land, the construction of buildings, or any physical alteration of the land which is subject to City approval and to the requirements of SEPA.

D. “Hearing Examiner” means the City Hearing Examiner as codified in Chapter 1.20 SMC.

E. “SEPA” means Chapter 43.21C RCW, as now existing or as may subsequently be amended.

F. “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology, as now existing or as may subsequently be amended.

G. “Final staff evaluation of checklist” means that documentation and report of City staff’s analysis of the checklist and any identified impacts. The report identifies any necessary findings, policies and the type of determination. (Ord. 18-1004 § 1; Ord. 11-1002 § 2; Ord. 04-1008 § 2; Ord. 90-1061 § 3. Formerly 13.30.030)

16A.23.040 Responsible Official Designated

The City Manager, or 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. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 95-1012 § 1; Ord. 90-1061 § 4. Formerly 13.30.040)

16A.23.050 Timing of Environmental Review

A. Subject to the provisions of subsection (B) of this section, the timing of environmental review shall be determined by the responsible official on a case-by-case basis, consistent with the requirements of SEPA and the SEPA rules. In general, the environmental review process shall take place at the conceptual stage of a project, rather than at the detailed design stage. If the City’s only action will be a decision on a building permit or other license that requires detailed project plans and specifications, the applicant or perspective applicant shall be given the opportunity for environmental review under SEPA prior to submittal of such detailed project plans and specifications. An applicant or prospective applicant wishing to take advantage of the opportunity for preapplication environmental review shall submit a completed environmental checklist to the department, except as otherwise provided by WAC 197-11-315(1).

B. At the latest, the City shall begin the environmental review process when a completed application for City approval of a nonexempt action has been received. (Ord. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 92-1056 § 1; Ord. 90-1061 § 5. Formerly 13.30.050)

16A.23.060 Determination of Categorical Exemption

A. Any City department which receives an application for a proposal, or initiates a proposal which is potentially subject to the requirements of SEPA, shall forward that proposal to the responsible official, who shall make the following determinations:

1. Whether the proposal is an “action” as defined by WAC 197-11-704; and

2. If the proposal is an “action,” whether it is categorically exempt from the requirements of SEPA; and

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

B. 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 impacts and make its environmental determinations and substantive decisions accordingly.

C. Proposed actions shall be categorically exempt from threshold determinations and EIS requirements if they do not exceed the levels of activity identified in WAC 197-11-800(1)(b), except as provided as follows, to respond to the local conditions and needs:

1. The construction or location of nine (9) detached single-family residential units.

2. The construction or location of twenty (20) multi-family residential units.

3. The construction of an office, school, commercial, recreational, service or storage building with twelve thousand (12,000) square feet of gross floor area, and with associated parking facilities designed for fifty (50) automobiles. This exemption includes stand-alone parking lots.

4. Any landfill or excavation of seven hundred fifty (750) cubic yards throughout the total lifetime of the fill or excavation. (Ord. 18-1004 § 1; Ord. 14-1001 § 1; Ord. 04-1008 § 2; Ord. 93-1043 § 1; Ord. 90-1061 § 6. Formerly 13.30.060)

16A.23.065 Critical Areas Categorical Exemptions – No Longer Exempt.

The following categorical exemptions, listed under WAC 197-11-800 and 197-11-908, shall not apply if there are critical areas located on site as defined in SMC Title 15:

WAC

197-11-800 (1)

197-11-800 (2)(a)

197-11-800 (2)(b)

197-11-800 (2)(d)

197-11-800 (2)(e)

197-11-800 (2)(f)

197-11-800 (2)(g)

197-11-800 (6)(a)

197-11-800 (14)(c)

197-11-800 (24)(a) through (g)

(Ord. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 98-1052 § 2. Formerly 13.30.065)

16A.23.070 Environmental Checklist Required

A. Whenever the department determines that a proposal is a nonexempt action for which appropriate environmental review has not been conducted or commenced, the department shall prepare or shall require the action proponent to prepare and submit an environmental checklist.

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

C. A department initiating a nonexempt City action may request that the responsible official, or designee, assist the department in preparing the necessary environmental checklist.

D. 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.

E. The responsible official may determine that the City will complete all or part of an environmental checklist for a private proposal with its own staff, or may contract with one (1) or more consultants to prepare or assist in preparation of a checklist, and may charge and collect fees from the applicant to cover costs incurred by the City in preparation of the checklist, if either of the following circumstances exist:

1. The City has technical information on a question or questions that is unavailable to the applicant; or

2. The applicant has provided inaccurate or incomplete information on previous proposals or on proposals currently under consideration.

If fees are to be collected, the applicant shall be advised of the estimated costs and shall be required to make payment of such costs prior to the actual preparation of all or part of the environmental checklist. (Ord. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 90-1061 § 7. Formerly 13.30.070)

16A.23.075 Fees and Costs

In addition to the fees and costs provided in SMC 16A.23.070 and elsewhere in this chapter, the applicant shall be responsible for and shall reimburse the City for all costs and expenses incurred by the City in enforcing the provisions of this chapter relative to his/her application or permit, and for any legal costs, including attorney’s fees, incurred by the City in taking steps to defend or support a position or decision in connection with his/her application for or issuance of a permit pursuant to this chapter. (Ord. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 93-1043 § 2. Formerly 13.30.075)

16A.23.080 Environmental Impact Statement

A. 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 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.

B. The responsible official may determine that City staff will complete all or part of an EIS for a private proposal, or the City may contract with one (1) or more consultants to prepare or assist in preparation of an EIS, and may charge and collect fees from the applicant to cover costs incurred by the City in preparation of the EIS, if one or more of the following circumstances exist:

1. The City has technical information on a question or questions that is unavailable to the applicant;

2. The applicant has provided inaccurate or incomplete information on previous proposals or on proposals currently under consideration;

3. The responsible official and the applicant agree that the City will be responsible for completing the EIS.

If fees are to be collected, the applicant shall be advised of estimated costs, and shall be required to secure payment of such costs prior to the actual preparation of the EIS. (Ord. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 90-1061 § 8. Formerly 13.30.080)

16A.23.090 Public Notice

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

1. By posting the subject property (site specific proposals only); and

2. By publishing notice in the official newspaper of the City.

B. Additional public notice may be provided for proposals having, or potentially having, unusually widespread, unique or significant adverse impacts, or, for other proposals, at the discretion of the responsible official. (Ord. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 90-1061 § 9. Formerly 13.30.090)

16A.23.100 Internal Circulation of Environmental Documents

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 manner:

A. Where a nonelected City official is to make a final decision on a nonexempt action, the responsible official shall provide that deciding official with a copy of a final staff evaluation, a determination of nonsignificance (DNS), a mitigated determination of nonsignificance (MDNS) or a final EIS upon issuance of the DNS or FEIS.

B. Where the Hearing Examiner is to make a decision on a nonexempt action, the responsible official shall transmit to the Examiner a copy of the following:

1. Environmental checklist.

2. The final environmental determination, except for when a determination of significance (DS) has been issued, both a copy of the Draft and Final Environmental Impact Statements shall be provided. (Ord. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 90-1061 § 10. Formerly 13.30.100)

16A.23.110 Timing of Decision on Nonexempt Action

A. 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.

B. 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. Notwithstanding the foregoing, a final decision need not be made during pendency of any appeal if deemed appropriate by the City or if an injunction be issued by a court of competent jurisdiction. (Ord. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 00-1036 § 2; Ord. 90-1061 § 11. Formerly 13.30.110)

16A.23.120 Authority to Condition or Deny Proposals

A. The policies and goals set forth and referenced by this chapter are supplementary to other zoning, land use, and regulatory ordinances of the City.

B. The City may attach conditions to a permit or approval so long as:

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

2. Such conditions are in writing; and

3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

4. The City has considered whether other local, state, or federal mitigation measures applicable to the proposal are sufficient to mitigate the identified impacts; and

5. Such conditions are based on one (1) or more policies, plans, rules or regulations designated in SMC 16A.23.130 as a basis for the exercise of substantive SEPA authority, and cited in the license, permit, ordinance, or other decision document.

C. The City may deny a permit or approval for a proposal on the basis of SEPA so long as:

1. 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

2. A finding is made that there are no reasonable mitigation measures capable of being accomplished which are sufficient to make the identified impacts nonsignificant; and

3. The denial is based on one (1) or more policies, plans, rules, or regulations designated in SMC 16A.23.130 as a basis for the exercise of substantive SEPA authority, and cited in the license, permit, ordinance or other decision document.

D. If the City 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.

E. Where the responsible official has issued a mitigated DNS, the decision maker shall not approve the proposal until:

1. 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

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

3. A combination of the aforesaid.

F. 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. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 90-1061 § 12. Formerly 13.30.120)

16A.23.130 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:

A. City of SeaTac Comprehensive Plan;

B. City of SeaTac Shoreline Management Master Program;

C. City of SeaTac Municipal Code;

D. King County Surface Water Design Manual, together with City of SeaTac Addendum;

E. King County Road Construction Standards;

F. Des Moines Creek Restoration Plan;

G. State Growth Management Legislation or Initiatives;

H. City of SeaTac Parks, Recreation and Open Space Plan;

I. City of SeaTac Transportation Master Plan;

J. SeaTac Subarea Plans and Policies. (Ord. 18-1004 § 1; Ord. 14-1007 § 1; Ord. 04-1008 § 2; Ord. 90-1061 § 13. Formerly 13.30.130)

16A.23.140 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. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 90-1061 § 14. Formerly 13.30.140)

16A.23.150 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 SeaTac Hearing Examiner. Appeal of intermediate steps under SEPA (e.g., lead agency determination, scoping, draft EIS adequacy) shall not be allowed. (Ord. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 90-1061 § 15. Formerly 13.30.150)

16A.23.155 Content of Appeals

All appeals shall be in writing and contain the following information:

A. The basis for the appellant’s standing, including:

1. How the appellant’s interests are arguably within the zone of interests protected by SEPA; and

2. How the SEPA decision being appealed will cause the appellant injury-in-fact. If the alleged injury-in-fact has not already occurred, the appellant must set forth facts establishing the immediate, concrete, and specific future injury-in-fact that will occur to the appellant as a result of the SEPA determination under appeal;

B. The specific alleged errors in the SEPA decision being appealed;

C. The relief requested; and

D. The signature, address, and phone number of the appellant and the name and address of the petitioner’s designated representative, if any. (Ord. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 98-1052 § 3. Formerly 13.30.155)

16A.23.160 Time Limitation on Appeals

A written notice of appeal identifying the grounds for appeal must be filed with the City Clerk within ten (10) days of the date of issuance of the final threshold determination of significance, final determination of nonsignificance, or final EIS.

A. An appellant intending to offer additional written documentation in support of its position must file any such material with the City Clerk’s office within fourteen (14) days of filing the initial appeal. Documents not so filed with the City Clerk’s office shall not be admitted at the time of the hearing.

B. Any party, other than the appellant, wishing to submit written documentation either in support of, or in opposition to, the appeal shall file any written material with the City Clerk’s office within ten (10) days of publication of the public hearing notice. (Ord. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 03-1020 § 13; Ord. 00-1036 § 3; Ord. 98-1052 § 4; Ord. 90-1061 § 16. Formerly 13.30.160)

16A.23.170 Fee to Accompany Notice of Appeal

A fee as specified in the City’s schedule of fees 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. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 00-1036 § 4; Ord. 98-1052 § 5; Ord. 90-1061 § 17. Formerly 13.30.170)

16A.23.180 Notice of Hearing

Notice of appeal, timely filed, shall be transmitted by the City Clerk to the Hearing Examiner and the SEPA responsible official. The public hearing notice shall be published, posted, and mailed to parties of record, and, if applicable, to adjacent property owners, not less than thirty (30) days prior to the public hearing. (Ord. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 00-1036 § 5; Ord. 90-1061 § 18. Formerly 13.30.180)

16A.23.190 Public Hearing

A public hearing upon appeal of a threshold determination shall be conducted by the Hearing Examiner. (Ord. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 90-1061 § 19. Formerly 13.30.190)

16A.23.200 Testimony – Recording

All testimony taken at any public hearing shall be taken under oath. The hearing shall be recorded electronically. (Ord. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 90-1061 § 20. Formerly 13.30.200)

16A.23.210 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. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 90-1061 § 21. Formerly 13.30.210)

16A.23.220 Decision of the Hearing Examiner

Upon the basis of all of the information received in public hearing, and all information relied upon by the responsible official, the Hearing Examiner shall prepare a written decision, including findings of fact and conclusions. (Ord. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 90-1061 § 22. Formerly 13.30.220)

16A.23.230 Dismissal of Appeal

The Hearing Examiner may summarily dismiss an appeal without hearing when such appeal is determined by the Hearing Examiner to be without merit on its face, frivolous, or brought merely to impede a proposal or secure a delay. (Ord. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 90-1061 § 23. Formerly 13.30.230)

16A.23.250 Superior Court Review – Limitations for Appeal

The decision of the Hearing Examiner on appeal from a threshold determination may be appealed only to Superior Court in conjunction with an appeal of the underlying action in accordance with RCW 43.21C.075, the State Environmental Policy Act. Any such appeal must be brought within the timelines specified in RCW 36.70C.040. (Ord. 18-1004 § 1; Ord. 04-1008 § 2; Ord. 03-1020 § 14; Ord. 98-1052 § 7; Ord. 90-1061 § 25. Formerly 13.30.250)