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 -