§ 23.76.022. Administrative reviews and appeals for Type I and Type II Master Use Permits

A.

Appealable decisions

1.

Type I decisions may be subject to administrative review through a land use interpretation pursuant to Section 23.88.020.

2.

All Type II decisions listed in subsection 23.76.006.C are subject to an administrative open record appeal as described in this Section 23.76.022.

B.

Shoreline Appeal Procedures. An appeal of the Director's decision to issue, condition, or deny a shoreline substantial development permit, shoreline variance, or shoreline conditional use as a part of a Master Use Permit shall be filed by the appellant with the Shorelines Hearings Board in accordance with the provisions of the Shoreline Management Act of 1971, chapter 90.58 RCW, and the rules established under its authority, chapter 173-27 WAC. An appeal of related environmental actions, including a Determination of Nonsignificance (DNS), determination that an EIS is adequate, and the decision to grant, condition or deny the shoreline proposal based on the City's SEPA Policies pursuant to Section 25.05.660, shall be consolidated in the appeal to the Shorelines Hearings Board. An appeal of a decision for limited utility extensions and bulkheads subject to Section 23.60A.064 shall be finally determined within 30 days as specified in that Section 23.60A.064.

C.

Hearing Examiner Appeal Procedures

1.

Consolidated Appeals. All appeals of Type II Master Use Permit decisions other than shoreline decisions shall be considered together in a consolidated hearing before the Hearing Examiner.

2.

Standing. Appeals may be initiated by any person significantly affected by or interested in the permit.

3.

Filing of Appeals.

a.

Appeals shall be filed with the Hearing Examiner by 5 p.m. of the fourteenth calendar day following publication of notice of the decision except that if a 14 day DNS comment period is required pursuant to Chapter 25.05, appeals shall be filed by 5 p.m. of the 21 ^st calendar day following publication of notice of the decision. If the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the period shall run until 5 p.m. on the next day that is not a Saturday, Sunday, or federal or City holiday. The appeal shall be in writing and clearly identify each component of the Type II Master Use Permit being appealed. The appeal shall be accompanied by payment of the filing fee as set forth in Section 3.02.125, Hearing Examiner filing fees. Specific objections to the Director's decision and the relief sought shall be stated in the written appeal.

b.

In form and content, the appeal shall conform with the rules of the Hearing Examiner.

c.

The Hearing Examiner shall not accept any request for an interpretation included in the appeal unless it complies with the requirements of subsection 23.88.020.C.3.c.

4.

Pre-hearing Conference. At the Hearing Examiner's initiative, or at the request of any party of record, the Hearing Examiner may have a conference prior to the hearing in order to entertain pre-hearing motions, clarify issues, or consider other relevant matters.

5.

Notice of Hearing. Notice of the hearing on the appeal shall be provided by the Director at least 20 days prior to the scheduled hearing date to parties of record and those who request notice writing and provide an address for notice. Notice shall also be included in the Land Use Information Bulletin.

6.

Scope of Review. Appeals shall be considered de novo. The Hearing Examiner shall entertain issues cited in the appeal that relate to compliance with the procedures for Type II decisions as required in this Chapter 23.76, compliance with substantive criteria, determinations of nonsignificance (DNSs), adequacy of an EIS upon which the decision was made, or failure to properly approve, condition, or deny a permit based on disclosed adverse environmental impacts, and any requests for an interpretation included in the appeal or consolidated appeal pursuant to Section 23.88.020.C.3.

7.

Standard of Review. The Director's decisions made on a Type II Master Use Permit shall be given substantial weight, except for determinations on variances, conditional uses, and special exceptions, which shall be given no deference.

8.

The Record. The record shall be established at the hearing before the Hearing Examiner. The Hearing Examiner shall either close the record after the hearing or leave it open to a specified date for additional testimony, written argument, or exhibits.

9.

Postponement or Continuance of Hearing. The Hearing Examiner shall not grant requests for postponement or continuance of an appeal hearing to allow an applicant to proceed with an alternative development proposal under separate application, unless all parties to the appeal agree in writing to such postponement or continuance.

10.

Hearing Examiner's Decision. The Hearing Examiner shall issue a written decision, including written findings and conclusions supporting the decision, within 15 days after closing the record. The Hearing Examiner may affirm, reverse, remand, or modify the Director's decision. The Director and all parties of record shall be bound by the terms and conditions of the Hearing Examiner's decision.

11.

Notice of Hearing Examiner Decision. The Hearing Examiner's decision shall be provided by the Hearing Examiner on the day the decision is issued to the parties of record and to all those who request notice in writing and provide an address for notice. If environmental issues were raised in the appeal, the decision shall also be filed with the SEPA Public Information Center. The decision shall contain information regarding judicial review. To the extent such information is available to the Hearing Examiner, the decision shall contain the name and address of the owner of the property at issue, of the applicant, and of each person who filed an appeal with the Hearing Examiner, unless such person abandoned the appeal or such person's claims were dismissed before the hearing.

12.

Appeal of Hearing Examiner's decision. The Hearing Examiner's decision shall be final and conclusive unless the Hearing Examiner retains jurisdiction or the decision is reversed or remanded on judicial appeal. Any judicial review must be commenced as provided by state law, and if the appeal concerns a decision on personal wireless service, the appeal shall be filed within 30 days of the Hearing Examiner's or Council's final decision.

(Ord. 125603 , § 72, 2018; Ord. 125387 , § 2, 2017; Ord. 124378 , § 79, 2013; Ord. 123913, § 16, 2012; Ord. 121477, § 49, 2004; Ord. 120928, § 42, 2002; Ord. 119096, § 8, 1998; Ord. 118794, § 50, 1997; Ord. 118012, § 34, 1996; Ord. 117789, § 10, 1995; Ord. 117263, § 56, 1994; Ord. 112522, § 2(part), 1985)