City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 17E
Chapter 17E.050
Section 17E.050.210
 

Title 17E Environmental Standards

Chapter 17E.050 SEPA

Article VII. SEPA and Agency Decisions

Section 17E.050.210 Appeals
  1. The City of Spokane establishes the following appeal procedures under RCW 43.21C.060, 43.21C.075, and 43.21C.080 and WAC 197-11-680. Persons considering either administrative or judicial appeal of any decision that involves SEPA are advised to read these statutory and administrative rule provisions.
  1. Appeal of the intermediate steps under SEPA (e.g., lead agency determination, scoping, draft EIS adequacy) shall not be allowed.
  1. Appeals of SEPA procedures shall be limited to review of a final threshold determination (DS, DNS or mitigated DNS) or final EIS. These appeals may occur prior to the City of Spokane’s final decision on a proposed action.
  1. Only one administrative appeal of a threshold determination or of the adequacy of an EIS is allowed; successive administrative appeals within the city are not allowed. This limitation does not apply to administrative appeals before another agency. This limitation also does not apply to closed record appeals authorized in subsection (E) of this section.
  1. A closed record appeal is allowed to the city council of any decision by the City of Spokane hearing examiner conditioning or denying a proposal under authority of SEPA, if the hearing examiner’s decision on the underlying governmental action is subject to a closed record appeal to the city council. The appeal shall be consolidated with any appeal of the underlying governmental action.
  1. Except as provided in subsections (E) and (G) of this section, any allowed appeals of procedural and substantive determinations under SEPA shall be consolidated with a hearing on, or appeal of, the underlying governmental action in a single open record hearing before the City of Spokane hearing examiner. The hearing or appeal shall be one at which the City of Spokane hearing examiner will render a decision on the proposed action. For example, an appeal of the adequacy of an EIS must be consolidated with a hearing on or appeal of the City of Spokane’s decision on the proposed action, if both proceedings are allowed in the city’s procedures. If the City of Spokane’s procedures do not provide for a hearing on or appeal of the underlying governmental action, such agency shall not hold a SEPA administrative appeal, except as allowed in subsection (G) of this section.
  1. The following appeals of SEPA procedural or substantive determinations shall not be consolidated with a hearing on or appeal of the underlying action.
    1. An appeal of a determination of significance (DS).
    1. An appeal of a procedural determination made by the City of Spokane when it is the project proponent or is funding a project and chooses to conduct its review under SEPA, including any appeals of its procedural determinations, prior to submitting an application for a project permit. Subsequent appeals of substantive determinations by an agency with jurisdiction over the proposed project shall be allowed under the SEPA appeal procedures of the agency with jurisdiction.
    1. An appeal of a procedural determination made by the City of Spokane on a nonproject action.
    1. An appeal where the underlying action is a ministerial permit decision that does not require a public hearing.
  1. For threshold determinations issued prior to a decision on a project action, any administrative appeal allowed under this section shall be filed within fourteen days after the determination has been made and is appealable. Any administrative appeal of a procedural or substantive determination under SEPA issued at the same time as the decision on the project action shall be filed within fourteen days after notice of 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 period is required under the provisions of this chapter or chapter 197-11 WAC. Nothing in this subsection alters the requirements of subsection (F) and (G) of this section.
  1. Procedural determinations made by the responsible official shall be entitled to substantial weight in any appeal proceeding.
  1. For any appeal under this section, the City of Spokane shall provide for the preparation of a record for use in any subsequent appeal proceedings, which record shall consist at a minimum the following:
    1. Findings and conclusions.
    1. Testimony under oath.
    1. A taped, electronically recorded or written transcript.
  1. If an administrative appeal of determinations relating to SEPA is available under the procedures of this section, that procedure must be used before any person may seek judicial review of any SEPA issue that could have been reviewed under such procedures.
  1. Judicial appeals of procedural and substantive compliance with SEPA must comply with RCW 43.21C.075 and WAC 197-11-680(4).
    1. The City of Spokane shall give official notice under WAC 197-11-680(5) of the date and place for commencing a judicial appeal if there is a time limit established by statute or such agency’s regulations for commencing a judicial appeal of the underlying governmental action.
    1. Pursuant to RCW 43.21C.080, notice of any action taken by the City of Spokane may be publicized by such agency or the applicant for, or the proponent of, such action. The form of the notice shall substantially conform to the form provided in SMC 17E.050.310(6).

Date Passed: Monday, February 21, 2005

Effective Date: Wednesday, March 30, 2005

ORD C33583 Section 3