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Ord 93-185i t ORDINANCE NO. 93 -185 AN ORDINANCE OF THE CITY COUNCIL OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CODE SECTION 18 -122 (ORDINANCE NOS. 90 -40, 91 -109, 91 -114, 92 -130, 92 -136, 92 -137, 92 -140 AND 93- 184) TO AMEND THE PUBLIC NOTICE REQUIREMENTS FOR APPEALS OF SEPA DETERMINATIONS. WHEREAS, the City of Federal Way has previously adopted Chapter 18 of the Federal Way City Code ( "FWCC") which establishes the environmental policy for the City of Federal Way; and WHEREAS, the current City Code provides for an appeal process in section 18 -51,. in which appeals shall be conducted pursuant to the provisions of process II, FWCC section 22 -431 et seq; and WHEREAS, process II, section 22 -431 contains notice provisions which require the mailing of individual notices to persons receiving property tax statements for all properties within three hundred feet of each boundary of the subject property, as well as the mailing of notices to be sent to the resident of each piece of property on or adjacent to the subject property, as well as notice by publication and by posting within the City; and WHEREAS, such notice requirements may be excessive for non - project actions which may be of area -wide or city -wide significance ; and WHEREAS, FWCC section 18 -49, which establishes public notice for State Environmental Protection Act ("SEPA") determinations, distinguishes between project- related actions and non project - related SEPA actions; and Ord. # 93 -185 Page # 1 OF O ! NA L non project - related SEPA actions; and WHEREAS, FWCC section 18 -49 requires the issuance of individual notice for SEPA threshold determinations of proposed project related actions, but recognizes that notice by publication is appropriate for SEPA project - related actions; and WHEREAS, the Federal Way City Council finds that it is in the best interest of the City of Federal Way to amend the notice provision for the SEPA appeal process to be consistent with the public notice requirements for the issuance of the SEPA threshold determination, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . Amendment The City of Federal Way Code Chapter 18; Environmental Policy, section 18 -51, entitled "Administrative Appeals," is amended as follows: 18 -51 Administrative appeals (a) Any interested party may appeal to the hearing examiner a threshold determination, or the adequacy of a final environmental impact statement and conditioning or denial of an action except as provided in subsection (b) below. The appeal shall be conducted under the provisions of process II, section 22 -431 et seq, provided that the notice distribution requirements of section 22- 436(b) shall be replaced with the notice distribution requirements of section 18- 49(a -f). (b) Any governmental action not requiring a legislative decision that is conditioned or denied by a nonelected city official shall be appealed directly to the City Council as provided by RCW 43.21.060. (c) All appeals filed under this section must be filed in writing with the city clerk within 14 calendar days of the date of the decision appealed or the conclusion of the comment period or completion of Ord. # 93-185 Page # - 2 - 0 0 the giving of required notices, whichever is longer. All appeals shall contain a specific statement of reasons why the decision of the responsible official is alleged to be in error. (d) All relevant evidence shall be received during the appeal and the decision shall be made de novo. The determination by the city's responsible official shall carry substantial weight in any appeal proceeding. (e) The decision of the hearing examiner on an appeal filed under this section shall be final. (f) Appeals of the hearing examiner's final decision shall first be to the City Council as provided in process II, section 22 -431 et seq. (g) For any appeal under this section, the City shall provide for a record that shall consist of the following: (1) Findings and conclusions; (2) Testimony under oath; and (3) A taped or written transcript. (h) Upon filing an appeal to the City Council or a judicial appeal, any certified copies or written transcripts required for such shall be prepared by the City at the expense of the appellant, subject to possible reimbursement of transcript preparation costs as provided in section 22 -448. Section 2. Severability If any section,'subsection, clause or phrase of the sections herein are for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of the chapter. Section 3 . Effective Date This ordinance shall be effective thirty (30) days after passage and publication as provided by law. Ord. 1 93-185 , Page # - 3 - 0 IR PASSED by the City Council of the city of Federal Way this 17th day of August It 19 93 . CITY OF FEDERAL WAY MP 1 . MAYOR, ROBERT TY CLERK, MAUREEN M./SWANEY, CMC APPROVED AS TO FORM: CITY ATTORNEY, CAROLYN A. LAKE FILED WITH THE CITY CLERK: August 17, 1993 PASSED BY THE CITY COUNCIL: August 17, 1993 PUBLISHED:, August 21, 1993 EFFECTIVE DATE: September 16, 1993 ORDINANCE NO. 9i —ism \maryk \ord \sepaord.amd Ord. # 93 -18 Page # - 4 -