Chapter 19.06
CLOSED RECORD DECISIONS
AND APPEALS

Sections:

19.06.001    Appeals of decisions.

19.06.002    Consolidated appeals.

19.06.003    Standing to initiate administrative appeal.

19.06.004    Closed record decisions and appeals.

19.06.005    Procedure for closed record decision/appeal.

19.06.006    Judicial appeals.

19.06.007    Resubmission of application.

19.06.001 Appeals of decisions.

Project permit applications shall be appealable as provided in the framework in CHMC 19.01.003. [RCW 36.70B.090(1)(c).] (Ord. 738 § 1, 1996)

19.06.002 Consolidated appeals.

A. All appeals of project permit application decisions, other than an appeal of determination of significance (“DS”), shall be considered together in a consolidated appeal. [RCW 43.21C.075, 36.70B.060(6).]

B. Appeals of environmental determinations under SEPA, CHMC Title 18, shall proceed as provided in that chapter. (Ord. 738 § 1, 1996)

19.06.003 Standing to initiate administrative appeal.

A. Limited to Parties of Record. Only parties of record may initiate an administrative appeal of a Type II, 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 testified at the open record public hearing on the application; and/or

3. Any person who submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or mechanically produced form letters);

4. The city council. (Ord. 738 § 1, 1996)

19.06.004 Closed record decisions and appeals.

A. Administrative Appeals of Project Permit Decisions or Recommendations. Appeals of the hearing body’s decision or recommendation on project permit application shall be governed by the following:

1. Standing. Only parties of record have standing to appeal the city’s final decision.

2. Time to File. An appeal of the final decision must be filed within 14 calendar days following issuance of the written decision. Appeals may be delivered to the city administrator by mail, personal delivery or by fax before 5:00 p.m. on the last business day of the appeal period.

3. Computation of Time. For the purposes of computing the time for filing an appeal, the day the final 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, then it also is excluded and the filing must be completed on the next business day. [RCW 35A.21.080.]

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

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

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

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

d. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based;

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

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

5. Effect. The timely filing of an appeal shall stay the effective date of the final decision until such time as the appeal is adjudicated by the council or withdrawn.

6. Notice of Appeal. The administrator shall provide public notice of the appeal as provided in CHMC 19.03.003(B)(2)(a) and (B)(2)(c).

7. Transcript. The city administrator or his or her designee shall have 30 calendar days from the filing date of the appeal to prepare a written transcript of the proceedings or portion thereof agreed upon by the appellant, city administrator, and any parties of record. The city council may authorize a longer time, at the city administrator’s request, for unusually large records or transcripts. The appellant shall pay the balance above and beyond the transcript deposit fee for the costs of transcription within seven calendar days from the date the bill was mailed or provided to the appellant. Upon receipt of the payment, the city administrator shall deliver a copy of the transcript to the appellant and the city council. Other persons may request a copy of the transcript at the cost of production. If payment is not received within the seven-day period described above, the appeal will be dismissed. The city shall not be precluded from using any procedures authorized by law to collect unpaid costs of transcription. (Ord. 919 § 1, 2012; Ord. 738 § 1, 1996)

19.06.005 Procedure for closed record decision/appeal.

A. Closed record appeals shall be on the record established at the hearing before the hearing body whose decision is appealed. The record shall include: the written decision of the hearing body, a transcript and tape recording of the proceedings, and copies of any exhibits admitted into the record. No new testimony or other evidence will be accepted except: (1) new information that was unknown to the parties at the time of the hearing which could not reasonably have been discovered by the parties and is necessary for a just resolution of the appeal; and (2) relevant information that, in the opinion of the city council, was improperly excluded by the hearing body.

B. Appellants who believe that information was improperly excluded must specifically request, in writing prior to the closed record appeal, that the information be made part of the record. The request shall describe the information excluded, its relevance to the issues appealed, the reason(s) that the information was excluded by the hearing body, and why the hearing body erred in excluding the information. No reference to excluded information shall be made in any presentation to the council on the merits, written or oral, until the council has determined that the information should be admitted.

C. Parties to the appeal may present written and/or oral arguments to the council. Argument shall describe the particular errors committed by the hearing body, with specific references to the appeal record.

D. The hearing shall commence with a presentation by the administrator, or the administrator’s designee, of the general background and the issues in dispute. After the administrator’s presentation, the appellant(s), then the other parties of record shall present their arguments. Councilmembers may question any party concerning disputed issues, but shall not request information not in the record.

E. The council may affirm, reverse or, upon written agreement by the applicant to waive the statutory prohibition against more than one open record and one closed record hearing, and, if needed, the applicant’s waiver of the requirement for a decision in 120 days, remand the decision to the hearing body for additional information. (Ord. 919 § 2, 2012; Ord. 766 § 8, 1997)

19.06.006 Judicial appeals.

After exhaustion of any available appeal, the city’s final decision on an application may be appealed by a party of record with standing to file a land use petition in King County superior court under Chapter 36.70C RCW. Such petition must be filed within 21 days of issuance of the decision, as provided in Chapter 36.70C RCW. [Chapter 36.70C RCW.] (Ord. 738 § 1, 1996)

19.06.007 Resubmission of application.

Any permit application or other request for approval submitted pursuant to this chapter that is denied shall not be resubmitted or accepted by the responsible official for reconsideration for a period of 12 months from the date of the last action by the city on the application or request unless, in the opinion of the responsible official, there has been a significant change in the application or a significant change in conditions related to the impacts of the proposed project. (Ord. 766 § 9, 1997)