21.70.190 Appeals.
The City of Redmond adopts WAC 197-11-680, with the following clarifications:
A. Any interested person may appeal a threshold determination, adequacy of a final EIS, and the conditions or denials of a requested action made by a nonelected City official based on SEPA. No other SEPA appeals shall be allowed.
B. All appeals must be in writing and must be submitted on an appeal form approved by the SEPA Responsible Official. The appeal form must set forth:
1. Facts demonstrating that the person is adversely affected by the decision;
2. A concise statement identifying each alleged error of fact, law, or procedure which the appellant alleges justify overturning the decision;
3. The specific relief requested; and
4. Any other information reasonably necessary to make a decision on the appeal.
C. All appeals and any applicable appeal fee must be received by the Redmond Development Services Center no later than 5:00 p.m. on the fourteenth day following the date the appeal period commences. The appeal period commences as follows:
1. For a Determination of Non-Significance (DNS) with no comment period and for final EISs and decisions conditioning or denying an action based upon SEPA, the appeal period commences on the date the DNS, final EIS, or decision conditioning or denying the action is issued.
2. For Mitigated Determinations of Non-Significance (MDNSs) and other threshold determinations with a comment period, the appeal period commences upon expiration of the comment period.
3. For threshold determinations and final EISs that are issued at the same time as the decision on a project permit (See RCW 36.70B.110), the appeal period commences upon issuance of the notice of decision or after other notice has been given that the decision has been made and is available, provided that if the appeal is from a DNS for which a public comment period is required, the appeal period shall be extended for an additional seven days.
D. Only one appeal of the determinations described in subsection RZC 21.70.190.A shall be allowed. Successive appeals of these determinations are not allowed.
E. Except as provided in WAC 197-11-680(3)(a)(vi) (e.g., Determinations of Significance), all appeals allowed under this section shall be consolidated with the open record public hearing or open record appeal hearing on the underlying action for which the substantive or procedural SEPA determination was made. All appeals shall follow the procedure for appealing the underlying action, provided that the decision of the body conducting the hearing shall be the City’s final determination on the SEPA appeal, and no further administrative appeal shall be allowed, notwithstanding the availability of an additional administrative appeal on the underlying action.
F. Appeals of those determinations listed in WAC 197-11-680(3)(a)(vi) shall not be consolidated with the open record public hearing or open record appeal hearing on the underlying action. Such appeals shall proceed as follows:
1. Appeal of a Determination of Significance (DS) shall be heard by the Hearing Examiner in an open record appeal hearing. The Hearing Examiner shall make an electronic record of the proceedings. All testimony shall be given under oath. The determination of the SEPA Responsible Official shall be given substantial weight. The Hearing Examiner shall make findings and conclusions which support his or her decision on the appeal. The Hearing Examiner’s decision shall be the final decision of the City, and there shall be no further administrative appeal.
2. Appeals of:
a. SEPA procedural determinations made by the City when the City is a project proponent or is funding a project, and chooses to conduct its environmental review prior to submitting a project permit;
b. SEPA procedural determinations made by the City on a City non-project action; and
c. Appeals of conditions or denials made by a non-elected City official based on SEPA:
shall be made to the Redmond City Council. The Council hereby delegates the responsibility to hold an open record hearing on such appeals to the Hearing Examiner. The open record appeal hearing shall be conducted in the same manner and be subject to the same rules as in F.1) above, provided that the Hearing Examiner shall make a recommendation to the City Council on the appeal, and the final decision shall be made by the City Council.
G. Notice. Whenever there is a final action by the City Council for which compliance with SEPA is required and for which a statute or ordinance establishes a time limit for commencing judicial appeal, the City shall give official notice as required by WAC 197-11-680(5).