Chapter 11.14
OPEN AND CLOSED RECORD DECISIONS, RECONSIDERATIONS,
AND ADMINISTRATIVE AND JUDICIAL APPEALS

Sections:

11.14.001    General.

11.14.002    Procedure for closed record decisions and administrative appeals.

11.14.003    Consolidated administrative appeals.

11.14.004    Standing to initiate reconsideration petition and administrative appeal.

11.14.005    Open record administrative appeals.

11.14.006    Petitions for reconsideration.

11.14.007    Dismissal of untimely appeals, incomplete appeals, or appeals received from parties without standing.

11.14.008    Judicial appeals.

11.14.001 General.

A closed record decision is a proceeding which does not involve an open record public hearing, but instead entails a review and decision based on the record already established before the hearing body. No new evidence may be presented at a closed record decision hearing.

A.    Closed Record Decisions. The city council shall render closed record decisions on Type IVA applications. The hearing examiner shall render closed record decisions on Type IVB applications. The city council may render a closed record decision on Type V legislative actions or it may conduct its own open record public hearing, however, the council is required to conduct an open record public hearing on annexations.

B.    Administrative Appeal of the Director’s Decision. The appeal of the director’s decision on any Type II project permit application, or a final SEPA threshold determination, shall be subject to an open record public hearing as provided for in BMC 11.04.003 and 11.12.010. (Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997).

11.14.002 Procedure for closed record decisions and administrative appeals.

The following subsections of this title shall apply to a closed record decision or administrative appeal hearing: BMC 11.12.003, 11.12.004, 11.12.005, 11.12.006(A)(1) and (A)(2), 11.12.007, and 11.12.008(A). (Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1628 § 1, 1996).

11.14.003 Consolidated administrative appeals.

A.    All appeals of project permit application decisions and recommendations, other than an appeal of a determination of significance (“DS”), shall be considered together in a consolidated appeal.

B.    Appeals of environmental determinations under Chapter 14.02 BMC, SEPA, shall proceed as provided in that chapter. (Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.14.004 Standing to initiate reconsideration petition and administrative appeal.

A.    Limited to Parties of Record. Only parties of record may initiate an open record appeal hearing of the director’s decision of a Type II permit, or a reconsideration petition on a Type II appeal decision or a Type III or IV decision on a project permit application.

B.    Definition. The term “parties of record” for the purposes of this chapter shall mean:

1.    The applicant;

2.    Any person who submitted written comments in response to the notice of application or SEPA threshold determination or environmental impact statement;

3.    Any person who testified at the open record public hearing on the application;

4.    Any person who submitted written comments concerning the application at the open record public hearing;

5.    Any person who signs a form available at the open record public hearing requesting to be a party of record;

6.    Any person who should have been notified as required in BMC 11.19.007;

7.    In addition, the following persons shall be included: Any person aggrieved or adversely affected by a land use decision, or who would be aggrieved or adversely affected by a reversal or modification of the land use decision. A person is aggrieved or adversely affected within the meaning of this section only when the following conditions are present:

a.    The land use decision has prejudiced or is likely to prejudice that person;

b.    That person’s asserted interests are among those that the local jurisdiction was required to consider when it made the land use decision; and

c.    A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the land use decision. (Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.14.005 Open record administrative appeals.

Open record appeals of the director’s decision on a Type II permit application shall be governed by the following:

A.    Standing. Only parties of record have standing to appeal the director’s decision on a Type II permit application.

B.    Time to File. An appeal of the director’s decision on a Type II permit application must be filed within 14 calendar days following issuance of the director’s written decision.

C.    Filing the Appeal. Appeals and any applicable appeal fee shall be delivered to the department of community development by mail or personal delivery before 5:00 p.m. on the last business day of the appeal period.

D.    Computation of Time. For the purposes of computing the time for filing an appeal, the date the hearing body’s decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, or a day designated by RCW 1.16.050 or by the city’s ordinances as a legal holiday, in which case such day or days are also excluded and the filing must be completed on the next city business day. (RCW 35A.21.080.)

E.    Content of Appeal. Appeals shall be in writing, be accompanied by an appeal fee, and contain the following information:

1.    Appellant’s name, address and phone number;

2.    Appellant’s statement describing his or her standing to appeal;

3.    Identification of the application which is the subject of the appeal;

4.    Appellant’s statement of grounds for appeal and the facts upon which the appeal is based. The statement of grounds for appeal must include issues the appellant is requesting to be heard in the appeal hearing. Additional issues not expressly stated in the appeal documents shall not be considered by the hearing body. Additional information on each of the stated appeal issues may be submitted at any time up to and during the appeal hearing;

5.    The relief sought, including the specific nature and extent;

6.    A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature.

F.    Effect. The timely filing of an appeal shall stay the effective date of the director’s and hearing body’s decision until such time as the appeal is adjudicated by the hearing body or withdrawn.

G.    Notice of Appeal. Public notice of the appeal shall be as provided in accordance with Chapter 11.19 BMC. (Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.14.006 Petitions for reconsideration.

For rules governing reconsiderations see BMC 11.12.009. (Ord. 1871 § 1, 2002).

11.14.007 Dismissal of untimely appeals, incomplete appeals, or appeals received from parties without standing.

Appeals received after the appeal date, appeals that do not contain the minimum information and applicable filing fees as identified under BMC 11.14.005(E), or appeals received from individuals who are not parties with standing as identified under BMC 11.14.004 shall not be considered. (Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000. Formerly 11.14.006).

11.14.008 Judicial appeals.

The city’s final decision on an application may be appealed by a party of record with standing, as provided in RCW 36.70C.060, to file a land use petition in Snohomish or King County superior court. A petition on an application for a parcel located in King County must be filed in King County superior court. A petition on an application for a parcel located in Snohomish County must be filed in Snohomish County superior court. Such petition must be filed within 21 days of issuance of the decision, as provided in Chapter 36.70C RCW. (Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996. Formerly 11.14.007).