HomeMy WebLinkAbout4520 Ordinance - Amending PMC 23.35.070 SEPA AppealsORDINANCE NO. 4520
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, AMENDING PMC SECTION 23.35.070 "APPEALS"
WHEREAS, the State Environmental Policy Act RCW 43.21 C. (SEPA) authorizes cities
to draft local SEPA policies; and
WHEREAS, SEPA requires that all local SEPA policies comply with the Department of
Ecology's model SEPA rules; and
WHEREAS, the Department of Ecology's model SEPA rules permit the City to provide
for a SEPA appeals process; and
WHEREAS, the City has previously adopted a SEPA appeal process; and
WHEREAS, the City has now determined it is appropriate to modify its SEPA appeal
process in order to clarify the procedural rights of parties commencing SEPA appeals.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Section 23.35.070 entitled "Appeals" of the Pasco Municipal Code shall
be and hereby is amended and shall read as follows:
23.35.070 Appeals.
(1)
When any nonexempt action, not requiring a decision of the City Council, is
conditioned or denied or after a threshold determination is made on the basis of SEPA by a
nonelected official, the decision may be appealed to the Hearing Examiner.
(2) Such appeal may be perfected by the proponent or an aggrieved party by giving notice to
the responsible official. Appeals en thfeshold detefminations sha4 be filed • ,ithi , 10 days or- pr-ief
other- appea4s sha4l be filed withiii 10 da The appeals shall be filed by the required deadlines of
this chapter.
(a) The appeal shall be filed in writing and shall contain the name and address of the
person filing the appeal and the name of the organization or agency represented, if any.
(b) The appeal shall set forth the specific reason, rationale, and/or basis for the appeal.
(c) Payment of the appeal fee in the amount of $200.00 shall occur at the time the
appeal is filed.
Ordinance Amending PMC 23.35.070 - 1
(3) In addition to the exhibits submitted, the City may submit a responsive memorandum to
the Hearing Examiner and provide copies to the other parties at least one (1) day prior to the
heariniz.
(34) If the appeal has been timely filed and complies with the requirements of subsection [5 of
this section, the Hearing Examiner shall conduct an open record appeal hearing into the merits of
the appeal, at which time the Hearing Examiner shall hear and receive testimony, documentary
evidence, and arguments from the appellant(s) parties solely on the issues raised or identified by
the appeal.
(a) The person(s) filing the appeal shall have the burden of going forward with the
evidence and the ultimate burden of persuasion.
(b) Notice of any open record appeal hearing held pursuant to this section shall be
provided as.
the hearing.
14
(c) The Hearing Examiner may continue the open record appeal hearing from time to
time without further mail or delivered notice.
(d) The Hearing Examiner shall maintain an electronic record of the testimony and
arguments presented and a record of any physical evidence/documents presented.
(e) The Hearing Examiner's decision shall be rendered within ten 10) working days
of the conclusion of an open record appeal hearing unless a longer period is agreed to by
the appellantap rties. This will be the effective date of the decision.
(f) The Hearing Examiner's decision shall include findings of fact and conclusions in
support of the decision.
(g) The Hearing Examiner's decision under this section may be to grant or deny the
appeal in whole or in part, or to remand the threshold determination to the responsible
official for reconsideration.
(h) Appeal hearings held by the Hearing Examiner pursuant to this section shall be de
novo.
(i) The Hearing Examiner's decision shall become final unless timely appealed
aggr-ieved patty within i 0 ,,..king days f.,,,,., the off e4iye date of the deet
(45) Appeal of the final decision of the Hearing Examiner under this section shall be to the
superior court of Franklin County.
Ordinance Amending PMC 23.35.070 - 2
(56) Substantial Weight Accorded Responsible Official. The procedural determinations made
by the City's responsible official shall carry substantial weight in any appeal proceeding under this
chapter.
(67) Record. For any appeal to superior court under this chapter, the City shall provide for a
record that shall consist of the following:
(a) Findings and conclusions;
(b) Testimony under oath;
(c) A taped or written transcript, the cost of which shall be borne by the appellant; and
(d) Admitted exhibits.
(�8) Exhaustion of Remedies. SEPA appeal procedures, as provided herein, must be utilized
prior to judicial review of the SEPA decision.
(9) Appeal of intermediate steps prohibited. Appeal of the intermediate steps under SEPA
(e.g., lead agency determination, scoping, draft EIS adequacy) shall not be allowed.
(10) One administrative appeal permitted. Only one administrative appeal of a threshold
determination or of the adequacy of an EIS shall be permitted under these rules; successive
administrative appeals on these issues are not allowed. This limitation does not apply to
administrative appeals before another agency.
(11) Scope of appeals limited. Appeals on SEPA procedures shall be limited to review of a
final threshold determination and final EIS. These appeals may occur prior to an agency's final
decision on a proposed action.
(12) Appeal to be consolidated with underlying permitted action. In any gppeal, except that of
a threshold determination, the appeal shall consolidate any allowed appeals of procedural and
substantive determinations under SEPA with a hearing or appeal on the underlying governmental
action in a single simultaneous hearing before the Hearing Examiner. This hearing shall be one at
which the Hearing Examiner will consider either the agency's decision or a recommendation on
the proposed underlying governmental action.
(13) Consolidated appeals required. Any appeal of a procedural or substantive determination
under SEPA issued at the same time as the decision on a project action shall be filed within fourteen
(14) days after a notice of decision under RCW 36.70B.130 or after other notice that the decision
has been made and is appealable. In order to allow public comment on a DNS prior to requiring
an administrative appeal to be filed, this appeal period shall be extended for an additional seven
days if the appeal is of a DNS for which public comment is required under this chapter. For
threshold determinations issued prior to a decision on a project action, any administrative appeal
shall be filed within fourteen (14) days after notice that the determination has been made and is
appealable.
Ordinance Amending PMC 23.35.070 - 3
(14) Conflict with other City rules. In the event any of the SEPA appeal rules conflict with other
sections of Pasco Municipal Code, the SEPA appeal rules shall govern, except for consolidated
appeals. For consolidated appeals, the timelines here shall govern unless PMC 4.02. 100 provides
for a longer time period, in which case the longer period shall govern.
(15) Conflict with SEPA statute and regulations. In the event any of the City's SEPA rules
conflict with any portion of WAC 197-11, RCW 43.21C, or RCW 36.70B, the rules contained in
the State statutes and regulations shallog vern. [Ord. 3765 § 2, 2006; Ord. 3297 § 8, 1998; Ord.
2886 § 1, 1992; Ord. 2512 § 1, 1984; Code 1970 § 23.07.070.]
Section 2. This ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
Adopted by the City Council of the City of Pasco, Washington this 15th day of March,
2021.
Saul Martinez
Mayor
ATTEST:
Debra Aarhara, CMC
City Clerk
Published:
Ordinance Amending PMC 23.35.070 - 4