Ordinance 2530-01 - Laserfiche WebLink

reasons why the time limits have not been met and an estimated date for issuance of the notice of decision. SECTION 4: APPEALS A. Scope of Project Review and Appeals; Prohibition on Reexamining Certain Alternatives and on Appeals. As required by RCW 36.70B.030, except for issues of code interpretation, neither the City nor any reviewing body shall reexamine alternatives to or hear appeals on the following items: 1. Type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as planned unit development and conditional and special uses, if the criteria for their approval have been satisfied; 2. Density of residential development in urban growth area; and 3. Availability and adequacy of public facilities identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW. B. Time Limit for Appeal Decisions. Land use permit decisions and SEPA determinations, including the adequacy of a final EIS, shall be appealable as provided for in this section. For purposes of this section, a final decision means the decision issued after any reconsideration or remand if applicable. The time period for hearing and deciding an administrative appeal to the City shall not exceed ninety(90) days. However, the parties to an appeal may agree to extend this time period. This appeal period is not included in the time limit for issuing a permit (see Chapter 5, Section 3.B). C. SEPA Appeals. The City establishes the following administrative appeal procedures under the SEPA ordinance, RCW 43.21C.075 and WAC 197-11-680. For purposes of this subsection, "EIS"means a final environmental impact statement, final supplemental environmental impact statement, or a notice of adoption or addendum to a final EIS/SEIS that is prepared and used by the City for making a decision on the proposal. Except as specified in this chapter, SEPA appeals on land use permit decisions and any other City proposals shall be filed and heard at the same time as appeals on the applicable land use permit or City proposal. 1. Procedural and Substantive Compliance. For purposes of utilizing SEPA to assist in governmental planning and decisionmaking the City recognizes a right of appeal by any aggrieved person on whether governmental action is in compliance with the substantive and procedural provisions of SEPA, including a threshold determination(DNS, MDNS or DS), adequacy of an EIS, and of a decision document issued by the responsible official or City which conditions or denies a project on the basis of SEPA substantive authority. Any SEPA appeal shall meet 68