Chapter 16.60
OPEN AND CLOSED RECORD APPEALS
Sections:
16.60.010 Administrative appeals.
16.60.020 Consolidated appeals.
16.60.030 Standing to initiate administrative appeal.
16.60.040 Appeals of decisions.
16.60.050 Procedure for open record appeal hearing.
16.60.060 Procedure for closed record appeal hearing.
16.60.070 Closed record decision.
16.60.090 Resubmission of application after denial.
16.60.010 Administrative appeals.
An administrative appeal may be filed only for those decisions identified in the table set forth in PMC 16.10.060 showing the availability of an administrative appeal. (Ord. 2050 § 1 (Exh. A), 2021).
16.60.020 Consolidated appeals.
All administrative appeals of project permit decisions, other than appeals of determinations of significance (DS), shall be considered together in a consolidated appeal before the highest hearing body. (Ord. 2050 § 1 (Exh. A), 2021).
16.60.030 Standing to initiate administrative appeal.
Only parties of record may file an administrative appeal of a decision.
A. Definition. The term “parties of record,” for the purposes of this title, shall mean:
1. The applicant;
2. Any person who testified at the open record public hearing on the application;
3. Any person who submitted written comments concerning the application (excluding persons who have only signed petitions or mechanically produced form letters);
4. The city council;
5. Property owners within 300 feet of the property subject to the project permit application; and/or
6. Any person who can demonstrate that he/she is aggrieved by the decision. (Ord. 2050 § 1 (Exh. A), 2021).
16.60.040 Appeals of decisions.
Appeals of final decisions shall be governed by the following:
A. Standing. Only parties of record have standing to appeal the decision.
B. Time to File. An appeal must be filed within 14 days after the issuance of the notice of decision. Appeals shall be delivered to the director by mail, by personal delivery, or by fax before 4:30 p.m. on the last business day of the appeal period. Appeals received by mail after 4:30 p.m. on the last day of the appeal period will not be accepted, no matter when such appeals were mailed or postmarked.
C. Computation of Time. For the purposes of computing the time for filing an appeal, the day the decision is issued shall not be counted. If the last day of the appeal is a Saturday, Sunday or holiday designated by RCW 1.16.050 or by a city ordinance, then the appeal must be filed on the next business day.
D. Content of Appeal. Appeals shall be in writing, be accompanied by the required appeal fee, and contain the following information:
1. Appellant’s name, address, email, and phone number;
2. A statement describing appellant’s 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 with specific references to the facts in the record;
5. The specific relief sought; and
6. A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature and date.
E. Effect. The timely filing of an appeal shall stay the hearing body’s decision until such time as the appeal is concluded or withdrawn.
F. Burden of Proof. The appellant shall bear the burden to demonstrate that substantial evidence does not exist in the administrative record to support the decision of the hearing body.
G. Standard of Review. The appeal body/officer shall determine whether there is substantial evidence in the administrative record to support the decision of the hearing body, or whether the decision is clearly erroneous or contrary to law. The appeal body/officer may affirm, modify, or reverse the decision of the hearing body.
H. Remand. Upon written agreement by the applicant to waive the requirement for a decision within the deadline established in PMC 16.50.100(E) and the prohibition on more than one open record hearing in RCW 36.70B.060, the appeal body/officer may remand the decision to the hearing body for additional information. (Ord. 2050 § 1 (Exh. A), 2021).
16.60.050 Procedure for open record appeal hearing.
An open record appeal hearing shall be held in the same manner as set forth in Chapter 16.50 PMC. (Ord. 2050 § 1 (Exh. A), 2021).
16.60.060 Procedure for closed record appeal hearing.
A. The appeal body/officer shall consider the administrative record compiled by the hearing body in the open record hearing relating to the application subject to the appeal, which shall also include the written decision of the hearing body and the appeal(s). The administrative record may also include the transcript of the hearing before the hearing body on the subject application.
B. No new testimony or other evidence will be accepted by the appeal body/officer during the closed record hearing. During the closed record hearing, the appeal body may hear oral argument from the staff, appellants, and applicant. The appellate body may also allow other parties of record to present oral argument for good cause shown. The appellant’s argument shall describe the particular errors committed by the hearing body, with specific references to the administrative record.
C. The hearing shall commence with a presentation by the director of the general background of the application and the issues in dispute. After the director’s presentation, the appellant shall first present oral argument, and then the other appellants or the applicant shall make their arguments. The appeal body/officer may question any party concerning disputed issues, but shall not request information not in the administrative record. (Ord. 2050 § 1 (Exh. A), 2021).
16.60.070 Closed record decision.
The appeal body or officer shall render its decision in a resolution within 60 days after the closed record hearing. (Ord. 2050 § 1 (Exh. A), 2021).
16.60.080 Judicial appeals.
The city’s final decision on an application may be appealed by a person with standing to file a judicial appeal according to the procedures in Chapter 36.70C RCW. (Ord. 2050 § 1 (Exh. A), 2021).
16.60.090 Resubmission of application after denial.
Any permit application or other request for approval submitted pursuant to this title that is denied shall not be resubmitted or accepted by the director for review unless, in the opinion of the director, there has been a significant change in the application or a significant change in conditions relating to the application. (Ord. 2050 § 1 (Exh. A), 2021).