Chapter 30.71
TYPE 1 PERMITS AND DECISIONS - ADMINISTRATIVE

Sections:

30.71.010    Purpose and applicability.

30.71.020    Type 1 permits and decisions.

30.71.025    Other decisions subject to Type 1 decision notice and appeal provisions.

30.71.026    Vacation of permits and variances.

30.71.027    Review or revocation of certain permits or approvals.

30.71.030    Type 1 process overview.

30.71.040    Type 1 notice of decision.

30.71.045    Effect of Type 1 decision.

30.71.050    Appeal of Type 1 decision.

30.71.055    Effect of appeal of Type 1 decision.

30.71.060    Dismissal of appeal of Type 1 decision.

30.71.070    Notice of appeal of Type 1 decision.

30.71.080    Notice of Type 1 open record appeal hearing.

30.71.090    Report of department on appeal of Type 1 decision.

30.71.100    Type 1 appeal hearing procedure.

30.71.110    Hearing examiner’s decision on Type 1 appeal.

30.71.115    Notice of the hearing examiner’s decision on Type 1 appeal.

30.71.120    Reconsideration of hearing examiner decision on Type 1 appeal.

30.71.130    Appeal of hearing examiner’s decision on Type 1 appeal.

30.71.010 Purpose and applicability.

This chapter describes decision-making and appeal procedures and applies to all Type 1 permits and decisions.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.71.020 Type 1 permits and decisions.

The following are processed as Type 1 administrative decisions:

(1) Administrative conditional use permit;

(2) Binding site plan approval;

(3) Boundary line adjustment, except as provided in SCC 30.41E.020;

(4) Building and land disturbing activity permits subject to SEPA review pursuant to chapter 30.61 SCC, or subject to conditions imposed pursuant to chapter 30.32D SCC;

(5) Free standing signs in the FS and RFS zones;

(6) Code interpretations;

(7) Flood hazard permit, except as provided in SCC 30.43C.020;

(8) Flood hazard variance;

(9) Freeway service zone official site plan (existing FS zone);

(10) Shoreline substantial development permit, shoreline conditional use, and shoreline variance, except when processed as a Type 2 decision pursuant to SCC 30.44.210;

(11) Short subdivision approval with no dedication of a new public road right-of-way;

(12) Variance;

(13) Single-family detached units applications pursuant to chapter 30.41F SCC;

(14) Administrative site plan pursuant to SCC 30.23A.100;

(15) Minor development activities and the expansion of an existing structure containing a permitted use in the UC zone as provided in SCC 30.34A.180(1) that require a permit or land use approval application and are subject to SEPA review pursuant to chapter 30.61 SCC, or subject to conditions imposed pursuant to chapter 30.32D SCC;

(16) Class IV-General forest practices permit, except when processed as a Type 2 decision pursuant to SCC 30.43F.100;

(17) Application to lift a six-year development moratorium, except when processed as a Type 2 decision pursuant to SCC 30.43F.230; and

(18) Cottage housing development pursuant to chapter 30.41G SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 07-005, February 21, 2007, Eff date March 4, 2007; Amended Ord. 07-022, April 23, 2007, Eff date June 4, 2007, Amended by Ord. 08-136, Oct. 29, 2008, Eff date Nov. 24, 2008; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date April 21, 2009; Amended by Ord. 09-079, May 12, 2010, Eff date May 29, 2010; Amended by Amended Ord. 10-023, June 9, 2010, Eff date Sept. 30, 2010; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Amended Ord. 13-007, Sep. 11, 2013, Eff date Oct. 3, 2013; Amended by Amended Ord. 15-033, June 3, 2015, Eff date June 19, 2015; Amended by Amended Ord. 16-073, Dec. 21, 2016, Eff date Feb. 19, 2017)

30.71.025 Other decisions subject to Type 1 decision notice and appeal provisions.

Certain decisions not listed in SCC 30.71.020 and not otherwise subject to the provisions of this chapter may be subject to either the Type 1 notice or appeal provisions, or both, when specifically required by other provisions of this title.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.71.026 Vacation of permits and variances.

(1) Requests to vacate a permit or variance shall be made in writing to the department of planning and development services.

(2) The director shall determine if the conditions in 30.43A.108 or 30.43B.128 are present prior to authorizing the vacation.

(3) Vacation of any permit or variance shall be documented by the filing of a notice of land use permit or variance vacation with the county auditor on a form provided by the department of planning and development services.

(Added Amended Ord. 05-022, May 11, 2005, Eff date May 28, 2005)

30.71.027 Review or revocation of certain permits or approvals.

(1) If the director determines that a permit or approval is in material violation of this title, the director may initiate proceedings before the hearing examiner to review or revoke the permit or approval, in whole or in part.

(2) The hearing examiner shall hold a hearing in accordance with SCC 30.71.100. The director shall provide notice in accordance with SCC 30.70.050.

(3) The hearing examiner, upon good cause shown, may direct the department issue a stop work order to temporarily stay the force and effect of all or any part of an issued permit or approval until the final decision of the hearing examiner is issued.

(4) Review or revocation of a shoreline substantial development, shoreline conditional use or shoreline variance permit shall be in accordance with the provisions of chapter 30.44 SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.71.030 Type 1 process overview.

A Type 1 permit or decision is administratively made by the department. When a complete application is filed, the department provides notice of application, accepts written comments, and then issues a decision approving, approving with modifications or conditions, or denying the application. The department’s decision is appealable to the hearing examiner, or, for a shoreline substantial development permit, shoreline conditional use permit, and shoreline variance, to the state shorelines hearings board. The hearing examiner’s decision on appeal of a Type 1 application is the final county decision. Further appeal may be taken pursuant to a land use petition filed in superior court. For shoreline appeals, the state shorelines hearings board acts in place of the county hearing examiner.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Emergency Ord. 05-030, April 18, 2005, Eff date April 18, 2005)

30.71.040 Type 1 notice of decision.

(1) Written notice of a department decision on a Type 1 application shall be mailed to the applicant and all parties of record in the manner prescribed in SCC 30.70.045. The notice may include a written staff report if one has been prepared.

(2) The notice shall specify the appeal process and time period for filing an appeal.

(3) The county may provide additional public notice of a decision by notifying the news media and community organizations, placing notices in appropriate regional, neighborhood, ethnic, or trade journals or

neighborhood/community newspapers, or by publishing notice in agency newsletters or on the county or department web page.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Ord. 03-068, July 9, 2003, Eff date July 28, 2003)

30.71.045 Effect of Type 1 decision.

The decision of the department shall be a final decision, but shall not authorize action until the expiration of the appeal period set forth in SCC 30.71.050, or if appealed, until the administrative appeal to the hearing examiner or state shorelines hearings board is final.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.71.050 Appeal of Type 1 decision.

(1) Who may appeal. Any aggrieved party of record may file an appeal of a Type 1 decision.

(2) Time and place to appeal. Appeals of a Type 1 decision, except as provided in subsection (3) of this section, shall be addressed to the hearing examiner and filed in writing with the department within 14 calendar days of the notice of the decision, except that appeals of a Type 1 decision issued concurrently with a SEPA threshold determination shall be filed within 21 calendar days of the notice of the decision, if the SEPA decision is a determination of nonsignificance that is required to have a public comment period pursuant to SCC 30.44.250 and WAC 197-11-340.

(3) Shoreline appeals. Appeals of a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance shall be filed with the state shorelines hearings board pursuant to SCC 30.44.250 and RCW 90.58.180.

(4) Fees. Each appeal filed on a non-shoreline Type 1 decision shall be accompanied by a filing fee in the amount of $500.00; provided that the filing fee shall not be charged to a department of the county; and provided further that the filing fee shall be refunded in any case where an appeal is dismissed in whole without hearing pursuant to SCC 30.71.060.

(5) Form of appeal. A person appealing a Type 1 decision must file a written statement setting forth:

(a) Facts demonstrating that the person is aggrieved by the decision;

(b) A concise statement identifying each alleged error and the manner in which the decision fails to satisfy the applicable decision criteria. An appeal of a SEPA environmental document shall describe any alleged inadequacy in the threshold determination or environmental impact statement with respect to evaluation of a specific environmental element;

(c) The specific relief requested; and

(d) Any other information reasonably necessary to make a decision on appeal.

(6) Limitation on new appeal issues. No new substantive appeal issues may be raised or submitted after the close of the time period for filing of the original appeal. The hearing examiner, if procedural limitations allow, may allow an appellant not more than 15 calendar days to perfect an otherwise timely filed appeal.

(7) Matters within the jurisdiction of the building code board of appeals. Matters within the jurisdiction of the building code board of appeals pursuant to SCC 30.50.020 shall not be subject to appeal pursuant to chapter 30.71 SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 03-014, March 19, 2003, Eff date April 14, 2003; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013)

30.71.055 Effect of appeal of Type 1 decision.

Timely filing of an appeal shall stay the effect of the order, permit, decision, determination or other action being appealed until the appeal is finally disposed of by the hearing examiner or the state shorelines hearings board or withdrawn. Failure to file a timely and complete appeal shall constitute waiver of all rights to an administrative appeal under county code.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.71.060 Dismissal of appeal of Type 1 decision.

The hearing examiner may summarily dismiss an appeal in whole or in part without hearing if the hearing examiner determines that the appeal is untimely, incomplete, without merit on its face, frivolous, beyond the scope of the hearing examiner’s jurisdiction or brought merely to secure a delay. The hearing examiner may also summarily dismiss an appeal based on lack of standing, in response to a challenge raised by the department whose decision is being appealed or by the permit applicant, and after allowing the appellant a reasonable period in which to reply to the challenge. Except in extraordinary circumstances, summary dismissal orders shall be issued within 15 days following receipt of either an appeal or a request for dismissal, whichever is later.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.71.070 Notice of appeal of Type 1 decision.

(1) The department shall forward the appeal to the hearing examiner within three working days of its filing.

(2) The hearing examiner, within two working days of receipt of the appeal, shall send written notice of the appeal to the county department whose decision has been appealed; provided that such notice is not required when the department is the respondent.

(3) The hearing examiner, within three working days after receipt of the appeal, shall send written notice of the filing of the appeal by first class mail to the applicant, unless the applicant is the appellant.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.71.080 Notice of Type 1 open record appeal hearing.

(1) Notice of open record appeal hearings conducted pursuant to this chapter shall be provided at least 14 calendar days prior to the hearing and shall contain a description of the proposal and list of permits requested, the county file number and contact person, the date, time, and place for the hearing, and any other information determined appropriate by the department.

(2) Except where notice has already been given pursuant to the combined notice provisions of SCC 30.70.080(2), and except where notice has been provided by the department pursuant to subsections (3) and (4) below, the hearing examiner’s office shall give notice of all open record appeal hearings by first class mail (unless otherwise required herein) to:

(a) The appellant;

(b) The appellant’s agent/representative, if any;

(c) The department whose decision is being appealed (by interoffice mail);

(d) The applicant;

(e) Applicant’s agent/representative, if any; and

(f) All parties of record.

(3) The department shall give notice of an open record appeal hearing for a decision made pursuant to chapter 30.41B SCC:

(a) In the same manner as required by SCC 30.72.030; and

(b) By first class mail to parties of record.

(4) The department shall give notice of an open record appeal hearing for a SEPA determination made pursuant to chapter 30.61 SCC by first class mail to:

(a) Parties of record;

(b) Agencies with jurisdiction as disclosed by documents in the appeal file; and

(c) All taxpayers of record and known site addresses within 500 feet of any boundaries of the property subject to the appeal; provided that the mailing radius shall be increased if necessary to correspond with any larger radius required for the notice of any discretionary permit or action associated with the determination under appeal.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.71.090 Report of department on appeal of Type 1 decision.

(1) The applicable department shall coordinate and assemble any available comments of other county departments and governmental agencies having an interest in the appeal, and shall prepare a report summarizing the Type 1 decision and responding to the issues raised in the appeal.

(2) At least seven calendar days prior to the scheduled open record appeal hearing, the applicable department shall transmit all development permit files on the action being appealed and the department’s report to the hearing examiner, mail copies to the appellant, and make copies available for public inspection. Copies shall be provided to interested persons upon payment of reproduction costs as permitted by law.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.71.100 Type 1 appeal hearing procedure.

(1) The hearing examiner shall conduct one open record hearing before a final decision is issued unless the appeal is dismissed or withdrawn. If necessary, the hearing may be continued beyond one day.

(2) The hearing examiner shall consolidate multiple appeals of the same action.

(3) The open record appeal hearing and hearing examiner consideration of the appeal shall be limited solely to the issues identified by the appellant in the written appeal submitted pursuant to SCC 30.71.050(4).

(4) The appellant(s), the applicant, and the department whose decision is being appealed shall be parties to the appeal.

(5) At the open record appeal hearing, the appellant shall have the burden of proof, which burden shall be met by a preponderance of the evidence, except in the case of appeals under SCC 30.61.300.

(6) Each party to the appeal may participate in the appeal hearing and shall have the following rights, as limited by the hearing examiner rules of procedure:

(a) To call, examine, and cross-examine witnesses on any issue relevant to the appeal;

(b) To introduce documentary or physical evidence; and

(c) To present rebuttal evidence.

(7) Except in combined proceedings involving a Type 2 decision, interested persons, groups, associations, or others who have not appealed may participate only if called by one of the parties to the appeal to present relevant testimony.

(8) All testimony shall be taken under oath.

(9) An electronic transcript shall be made of the hearing.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.71.110 Hearing examiner’s decision on Type 1 appeal.

(1) A final decision on appeal shall be issued within 15 working days of the conclusion of a hearing, but not later than 90 calendar days after the filing of a complete appeal, unless the appellant agrees in writing to extend the time period, or the time period has been extended by a request for reconsideration, or under some other authority.

(2) The hearing examiner may affirm, may reverse in whole or in part, or may modify the permit or decision being appealed, or may remand the application to the applicable department for further processing.

(3) If the application is remanded to the applicable department for further processing, the hearing examiner’s decision shall not be considered a final decision except for purposes of applicable time limitations contained in this section. The hearing examiner’s decision shall specify procedures for responding to the order. If a new decision is issued by the department, a new appeal period shall commence in accordance with SCC 30.71.050.

(4) The decision shall include findings of fact based upon the record and conclusions of law therefrom which support the decision.

(5) The hearing examiner’s decision shall include information on, and any applicable time limitations for, requesting reconsideration or for appealing the decision.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013)

30.71.115 Notice of the hearing examiner’s decision on Type 1 appeal.

Notice of the hearing examiner’s decision on a Type 1 appeal, which may be the decision itself, shall be provided by regular mail or inter-office mail, as appropriate, to parties of record.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.71.120 Reconsideration of hearing examiner decision on Type 1 appeal.

(1) Any party to the appeal may file a written petition for reconsideration with the hearing examiner within 10 calendar days following the date of the hearing examiner’s written decision. The petitioner for reconsideration shall mail or otherwise provide a copy of the petition for reconsideration to all parties to the appeal on the date of filing. The timely filing of a petition for reconsideration shall stay the hearing examiner’s decision until such time as the petition has been disposed of by the hearing examiner.

(2) The grounds for seeking reconsideration shall be limited to the following:

(a) The hearing examiner exceeded the hearing examiner’s jurisdiction;

(b) The hearing examiner failed to follow the applicable procedure in reaching the hearing examiner’s decision;

(c) The hearing examiner committed an error of law;

(d) The hearing examiner’s findings, conclusions, and/or conditions are not supported by the record;

(e) New evidence is discovered which could not reasonably have been produced at the open record hearing and which is material to the decision; or

(f) The applicant proposed changes to the application in response to deficiencies identified in the decision.

(3) The petition for reconsideration must:

(a) Contain the name, mailing address, and daytime telephone number of the petitioner or petitioner’s representative, together with the signature of the petitioner or of the petitioner’s representative;

(b) Identify the specific findings, conclusions, actions, and/or conditions for which reconsideration is requested;

(c) State the specific grounds upon which relief is requested;

(d) Describe the specific relief requested; and

(e) Where applicable, identify the specific nature of any newly discovered evidence or changes proposed.

(4) The petition for reconsideration shall be decided by the same hearing examiner who rendered the decision, if reasonably available. The hearing examiner shall provide notice of the decision on reconsideration in accordance with SCC 30.71.115. Within 15 working days, the hearing examiner shall:

(a) Deny the petition in writing;

(b) Grant the petition and issue an amended decision in accordance with the provisions of SCC 30.71.110 following reconsideration;

(c) Accept the petition and give notice to all parties to the appeal of the opportunity to submit written comment. Parties to the appeal shall have 10 calendar days from the date of such notice in which to submit written comments. Within 15 working days after the close of the comment period, the hearing examiner shall either issue a decision in accordance with the provisions of SCC 30.71.110 or issue an order reopening the hearing. If the hearing is reopened, the hearing examiner’s office shall mail notice not less than 15 calendar days prior to the hearing date to all parties of record; or

(d) Accept the petition and reopen the open record hearing to consider new evidence, proposed changes in the application, and/or the arguments of the parties. Notice of such reopened hearing shall be mailed by the hearing examiner’s office not less than 15 calendar days prior to the hearing date to all parties of record. The hearing examiner shall issue a decision following the reopened hearing in accordance with the provisions of SCC 30.71.110.

(5) A decision which has been subjected to the reconsideration process shall not again be subject to reconsideration; provided, that a decision which has been revised on reconsideration from any form of denial to any form of approval with preconditions and/or conditions shall be subject to reconsideration.

(6) The hearing examiner may consolidate for action, in whole or in part, multiple petitions for reconsideration of the same decision where such consolidation would facilitate procedural efficiency.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013)

30.71.130 Appeal of hearing examiner’s decision on Type 1 appeal.

(1) The hearing examiner’s decision on a Type 1 appeal is the final decision of the county and may be appealed to superior court within 21 days of issuance of the decision in accordance with chapter 36.70C RCW.

(2) The cost of transcribing the record of proceeding, of copying photographs, video tapes and any oversized documents, and of staff time spent in copying and assembling the record and preparing the record for filing with the court shall be borne by the party filing the petition. If more than one party appeals the decision, the costs of preparing the record shall be borne equally among the appellants.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)