HomeMy WebLinkAbout2002-049 Increase in SEPA Appeal Period - Environmental Policy ORDINANCE NO. 2002- 49
AN ORDINANCE of the City of Yakima, Washington, relating to
environmental policy, land use, and development
regulation and amending section 6.88.170(A)(1)(a) and
(b) of Title 6 of the Yakima Municipal Code to establish
a fifteen (15) day period for appeals of certain
determinations made pursuant to the State
Environmental Policy Act, Ch. 43.21C RCW ( "SEPA ").
WHEREAS, the City Council wishes to ensure that public participation
regarding the appeal of decisions of the City regarding SEPA be encouraged on a
prompt and equitable basis; and
WHEREAS, the City Council finds that it is in the best interest of the City to
enact the following; and
WHEREAS, an appropriate period for such appeals shall be fifteen (15)
days rather than the current period of five (5) days as set forth in the existing
Section 6.88.170(A)(1)(a) and (b); now, therefore:
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Subsections A(1)(a) and (b) of Section 6.88.170 of the City of
Yakima Municipal Code are hereby amended to read as follows:
"6.88.170 Appeals:
A. The city establishes the following administrative
appeal procedures under RCW 43.21C.075 and WAC
197 -11 -680:
1. Any agency or person may appeal the city's
procedural compliance with Chapter WAC 197 for
issuance of the following:
a. A final DNS: Appeal of the city DNS must be made
to the Yakima city council within five fifteen days of
the date the DNS is final;
(lk) sepa appeal ord (KH) 9 -02.rp
b. A DS: The appeal must be made to the Yakima city
council within five fifteen days of the date the DS is
issued."
Section 2. Severability: If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance shall become effective thirty (30)
days after its passage, approval, and publication as provided by law and by the
City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 17th day of
September, 2002.
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Mary Place, Mayor
ATTEST: p �r
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City Clerk
Publication Date: 9 -20 -2002
Effective Date: 10-20 -2002
(Ik) sepa appeal ord (KH) 9-02.rp
Memorandum
To: Honorable Mayor and Members of the City Council
From: Dick Zais, City Manager
Date: September 13, 2002
Subject: Supplemental Material for the September 17, 2002 Council
Meeting
Enclosed are:
Item No. 12 — Replacement Agenda Statement clarifying the Board
Recommendation
Item No. 14 — Item A ordinance is enclosed; Item B in this item has been
deferred to a future Council meeting.
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. ( L i
For Meeting of September 17, 2002
ITEM TITLE:
(1) An ordinance relating to environmental policy, land use, and development
regulation and amending section 6.88.170(A)(1)(a) and (b) of Title 6 of the Yakima
Municipal Code to establish a fifteen (15) day period for 'appeals of certain
determinations made pursuant to the State Environmental Policy Act, Ch. 43.21C RCW
( "SEPA "); and
(2) An ordinance relating to land use and development regulation and amending
section 15.14.040(2), section 15.11.090, Table 11 -2, and section 16.05.010(A) of the Yakima
Municipal Code to establish a five hundred (500) foot geographical scope for notification
of property owners adjacent to property subject to certain land use proposals.
SUBMITTED BY: Bill Cook, Community and Economic Development Director
CONTACT PERSON[FELEPHONE: Raymond L. Paolella, City Attorney, 575 -6030
SUMMARY EXPLANATION: The City has received a request from citizens that the
current five day administrative appeal period for state environmental policy act (SEPA)
appeals be expanded to fifteen days. The concern expressed has been that five days is a
very short period of time for citizens to receive notice and file such an appeal.
The second ordinance codifies existing practice of giving mailed notice of land use
applications to property owners located within 500 feet of a parcel for which a land use
change is being requested. (This ordinance has been deferred to a future Council
meeting)
Resolution Ordinance X Other (Specify)
Contract Mail to (name and address):
Funding Source —
APPROVED FOR SUBMITTAL: - . City Manager
STAFF RECOMMENDATION: Pass ordinances
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
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