40.520.060 Post-Decision Procedures

A.    Generally.

1.    Except for final plats and final site plans, post-decision procedures may change decisions without necessarily subjecting the change to the same procedure as the original decision. Such changes may be warranted by ambiguities or conflicts in a decision and by new or more detailed information, permits or laws.

2.    At any time prior to final site plan or final plat approval, a party to a decision made under this chapter or their successor in interest may file with the responsible official an application for post-decision review of a Type I, II or III decision, describing the nature of the proposed change to the decision and the basis for that change, including the applicable facts and law, together with the fee prescribed for that application by the board.

3.    An application for post-decision review is not subject to pre-application review. It is subject to counter complete and fully complete determination; provided, the responsible official shall not require an application for post-decision review to contain information that is not relevant and necessary to address the requested change or the facts and law on which it is based.

4.    As part of a determination of completeness of an application for post-decision review of a Type II or III decision, the responsible official shall classify the application as a Type I, II or III process and advise the applicant in writing of that classification. The recommended classifications of certain common changes are included as Appendix D, “Guidelines for Post-Decision Changes.” The classifications in the table are recommended, but the classification of each post-decision review shall be based on the circumstances of that decision and the guidelines in Section 40.520.060(B). The decision classifying the application shall be subject to appeal as part of the decision on the merits of the post-decision review.

5.    Post-decision review cannot substantially change the nature of development proposed pursuant to a given decision. As part of a determination of completeness of an application for post-decision review of a Type II or III decision, the responsible official may issue a decision that the proposed change in a decision should not be subject to post-decision review; it should be subject to a new application on the merits of the request. That decision may be appealed to the hearing examiner.

6.    An application for post-decision review does not extend the deadline for filing an appeal of the decision being reviewed and does not stay appeal proceedings.

7.    Post-decision review can be conducted only regarding a decision that approves or conditionally approves an application. An application that is denied is not eligible for post-decision review.

(Amended: Ord. 2004-06-11)

B.    Classification of Post-Decision Review.

1.    An application for post-decision review of a Type I decision shall be subject to a Type I review process.

2.    An application for post-decision review of a Type II decision shall be subject to a Type I review process if the responsible official finds the requested change in the decision:

a.    Does not increase the potential adverse impact of the development authorized by the decision; and

b.    Is consistent with the applicable law or variations permitted by law, including a permit to which the development is subject; and

c.    Does not involve an issue of broad public interest, based on the record of the decision; and

d.    Does not require further SEPA review.

3.    An application for post-decision review of a Type II decision shall be subject to a Type II review process if it is not subject to Type I review.

4.    An application for post-decision review of a Type III decision shall be subject to a Type I review process if the responsible official finds the requested change in the decision:

a.    Reduces the potential adverse impact of the development authorized by the decision; and

b.    Is consistent with the applicable law or variations permitted by law, including a permit to which the development is subject; and

c.    Does not involve an issue of public interest, based on the record of the decision.

5.    An application for post-decision review of a Type III decision shall be subject to a Type II review process if the responsible official finds the requested change in the decision:

a.    Does not increase the potential adverse impact of the development authorized by the decision or SEPA determination; and

b.    Is needed to address a minor change in the facts or the law, including a permit to which the development is subject; and

c.    Does not involve an issue of broad public interest, based on the record of the decision.

6.    An application for post-decision review of a Type III decision shall be subject to a Type III review process if it is not subject to Type I or II review.

7.    When a post-decision request for a change involves a condition of approval that was imposed in the original decision to address a specific potential impact of the proposed development, then that condition of approval can be changed only using the same type process as the original decision.

C.    Modification of a decision other than by a timely appeal or post-decision review shall be by new application; provided, a new application cannot be filed within one (1) calendar year after the date of a decision denying a substantially similar application, unless such earlier decision provided otherwise.