Chapter 16A.08
OPEN AND CLOSED RECORD HEARINGS AND APPEALS
Sections:
16A.08.010 Responsibility of city administrator for hearing and decision.
16A.08.020 Calculation of time periods for issuance of notice of final decision.
16A.08.030 Conflict of interest, ethics, open public meetings, appearance of fairness.
16A.08.010 Responsibility of city administrator for hearing and decision.
The city administrator or designee shall be responsible for:
(1) Scheduling an application for review and public hearing before the appropriate body;
(2) Giving proper notice;
(3) Preparing the staff report on the application; and
(4) Distributing the Notice of Decision.
(a) The notice of final decision by the body charged with making the final decision as set forth above shall issue within one hundred twenty days after the city notifies the applicant that the application is complete.
(b) The city shall provide a notice of decision that also includes a statement of any threshold determination made under SEPA (Chapter 43.21C RCW), any conditions imposed pursuant to Chapter 15.04 of this code and the procedures for administrative appeal, if any.
(c) The notice of decision shall be provided to the applicant and to any person who, prior to rendering of the decision, requests notice of the decision or submits comments on the application.
(d) The notice of decision shall be provided to the public as follows:
(i) By posting the property for a period of fourteen days following the decision for site-specific proposals;
(ii) By publishing notice of the decision in the official newspaper of the city;
(iii) By posting notice of the decision on the official posting places for the city;
(iv) By notifying public or private groups, if any, with a known interest in a certain proposal or in the type of proposal being considered. (Ord. 922 § 1 (part), 2012: Ord. 669 § 1 (part), 1996).
16A.08.020 Calculation of time periods for issuance of notice of final decision.
(a) In determining the number of days that have elapsed after the local government has notified the applicant that the application is complete for purposes of calculating the time for issuance of the notice of final decision, the following periods shall be excluded:
(1) Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide required information. The period shall be calculated from the date the city notifies the applicant of the need for additional information until the earlier of the date the local government determines whether the additional information satisfies the request for information or fourteen days after the date the information has been provided to the city;
(2) If the city determines that the additional information submitted by the applicant under subsection (a)(1) of this section is insufficient, it shall notify the applicant of the deficiencies, and the procedures under subsection (a)(1) of this section shall apply as if a new request for studies had been made;
(3) Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW, if the city, by ordinance, has established time periods for completion of environmental impact statements, or if the local government and the applicant, in writing, agree to a time period for completion of an environmental impact statement;
(4) Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed. The time period for consideration and decision on appeals shall not exceed sixty days; provided, that the parties may agree to extend this time period;
(5) Any extension of time mutually agreed upon by the applicant and the city.
(b) The time limits established in this title do not apply if a project permit application:
(1) Requires an amendment to the comprehensive plan or a development regulation;
(2) Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200; or
(3) Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under RCW 36.70B.070 and Section 16A.04.020 of this code. (Ord. 922 § 1 (part), 2012: Ord. 669 § 1 (part), 1996. Formerly 16A.08.040).
16A.08.030 Conflict of interest, ethics, open public meetings, appearance of fairness.
The board or body conducting a hearing shall be subject to the code of ethics (RCW 35A.42.020), prohibitions on conflict of interest (RCW 35A.42.020 and Chapter 42.23 RCW), open public meetings (Chapter 42.30 RCW) and for quasi-judicial hearings, the appearance of fairness doctrine (Chapter 42.36 RCW) as the same now exist or may hereafter be amended or construed by the courts. (Ord. 922 § 1 (part), 2012: Ord. 669 § 1 (part), 1996. Formerly 16A.08.020).
16A.08.040 Decision.
(a) Following the hearing (either open record or closed record), the body conducting the hearing shall approve, conditionally approve or deny the application, or if appropriate, recommend approval, recommend conditional approval or recommend denial of the application. If the hearing is an appeal, the body hearing the appeal shall affirm, reverse or remand a decision that is on appeal.
(b) The body preparing the written decision shall issue the decision within fifteen days after the hearing on the project permit application. If the city is unable to issue its final decision on a project permit application within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of decision. (Ord. 922 § 1 (part), 2012: Ord. 669 § 1 (part), 1996. Formerly 16A.08.030).
16A.08.050 Appeals.
(a) The following final determinations are subject only to an appeal to Franklin County superior court pursuant to Chapter 36.70C RCW:
(1) Determinations approving, conditioning or disapproving Type I applications (short plats) made administratively;
(2) Type III plat vacations made by the city council;
(3) Type VI preliminary plats, plat alterations, planned unit developments and site-specific zoning map amendments made by the city council;
(4) Type IV review of administrative code interpretations made by the hearing examiner; and
(5) Type V variances/conditional use permits made by the hearing examiner.
(b) Final determinations adopting or amending the city’s comprehensive plan, subarea plans or development regulation text or districts are legislative decisions subject only to appeal to the Washington Growth Management Hearing Board.
(c) The following matters shall be determined in an open public hearing held before the hearing examiner:
(1) Type IV appeals of code interpretations; and
(2) Type V variance permits and conditional use permits.
(d) All appeals of environmental determinations under SEPA (Chapter 15.04) shall proceed as provided in that chapter and shall be consolidated with any project permit, open or closed record hearing, for that same project.
(e) An appeal of an administrative code interpretation is subject to the following:
(1) Standing. Only parties of record have standing to appeal the decision;
(2) Time to File. An appeal of the decision must be filed within fourteen calendar days following issuance of the written decision. Appeals may be delivered to the city clerk’s office by mail, personal delivery or by fax before five p.m. on the last business day of the appeal period;
(3) Computation of Time. For the purpose of computing the time for filing an appeal, the day the written 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 as a holiday, then it is excluded and the filing must be completed on the next business day;
(4) Content of Appeal. Appeals shall be in writing, be accompanied by an appeal fee and contain the following information:
(A) Appellant’s name, address and telephone number;
(B) Appellant’s statement describing his or her standing to appeal;
(D) Identification of the application which is the subject of the appeal;
(E) Appellant’s statement of grounds for appeal and the facts upon which the appeal is based;
(F) Relief sought, including the specific nature and extent of relief; and
(G) 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 decision until such time as the appeal is adjudicated by the council or withdrawn;
(6) Notice of Appeal. The city administrator shall mail notice of receipt of the appeal to the applicant and to any person who submitted written or oral comments on the original permit application; and by mailing notice to any person or entity who has requested notice. (Ord. 922 § 1 (part), 2012: Ord. 669 § 1 (part), 1996. Formerly 16A.08.050—16A.08.090).