Chapter 16.08
APPEALS
Sections:
16.08.010 Consolidated appeals.
16.08.020 Open record appeals subject to review by hearing examiner.
16.08.030 Closed record appeal subject to review by the city council.
16.08.040 Judicial appeals.
16.08.010 Consolidated appeals.
A. All appeals of project permit application decisions, other than an appeal of SEPA determination of significance, shall be considered together in a consolidated appeal and shall not be separated from the substantive matters of the application.
B. Appeals of Determinations of Significance under SEPA, Chapter 6.88 YMC, shall proceed as provided in that chapter in an open record hearing. The purpose of this early and separate appeal hearing is to resolve the need for an environmental impact statement (EIS) and to permit administrative and judicial review prior to preparation of an EIS. (Ord. 98-66 § 1 (part), 1998).
16.08.020 Open record appeals subject to review by hearing examiner.
A. The hearing examiner shall hear appeals in a de novo hearing.
B. Notice of an appeal hearing shall be mailed to parties entitled to notice of the decision, including posting of property and published notice.
C. A staff report shall be prepared, file transmitted to the examiner, and hearing conducted in the manner described in the appropriate ordinance subject of the appeal and Washington State law. The hearing examiner shall have ten working days to issue a decision on the appeal. All decisions of the hearing examiner are subject to appeal to the city council. (Ord. 98-66 § 1 (part), 1998).
16.08.030 Closed record appeal subject to review by the city council.
A. The city council shall hear appeals of all decisions by the hearing examiner during a public meeting or a limited hearing for receipt of oral legal argument.
B. A complete appeal application must be submitted prior to the scheduling of the council meeting or limited hearing.
C. The closed record appeal shall be on the record before the city council, and no new evidence shall be presented. The record shall include all materials received in evidence at any previous stage of the review, audio/visual tapes of the prior hearing(s), and the final order being appealed, and argument by the parties at the examiner’s hearing.
D. The appellants and any respondents to the appeal shall have the opportunity to present oral and written argument. Oral argument shall be confined to the prior established hearing examiner record and to any alleged errors in the decision.
E. Following the closed record appeal hearing, the council may affirm the decision of the examiner, remand the matter back to the hearing examiner with appropriate directions, or may reverse or modify the hearing examiner decision. The council shall adopt its own written findings and conclusions in support of its decision. If the council determines there is no error in the examiner’s decision, it may adopt the findings of the examiner and accept the decision of the hearing examiner. (Ord. 98-66 § 1 (part), 1998).
16.08.040 Judicial appeals.
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 Yakima County superior court. Such petition must be filed within twenty-one days of issuance of the decision, as provided in Chapter 36.70C RCW. (Ord. 98-66 § 1 (part), 1998).