Chapter 22.10


22.10.001    Appeals of decisions.

22.10.002    Consolidated appeals.

22.10.003    Standing to initiate appeal.

22.10.004    Closed record decisions and appeals.

22.10.005    Procedure for closed record decision/appeal.

22.10.006    Judicial appeals.

22.10.001 Appeals of decisions.

Project permit applications shall be appealable as provided in the framework in FMC 22.05.003 (RCW 36.70B.090(1)(c)). (Ord. 1120 § 1, 1996).

22.10.002 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 shall proceed as provided in the city’s SEPA procedures and policies. (Ord. 1120 § 1, 1996).

22.10.003 Standing to initiate appeal.

(a) Limited to Parties of Record. Only parties of record may initiate an appeal of a Type II, III-A, III-B 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;

(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); and/or

(4) Any person who submitted written comments during the formal comment period specified for administrative use permits, minor site plan review, or minor variance application. (Ord. 1245 § 7, 2000; Ord. 1120 § 1, 1996).

22.10.004 Closed record decisions and appeals.

(a) Type II, III-A, III-B, or IV project permit decisions or recommendation. Appeals of the hearing body’s decision or recommendation on a Type II, III-A, III-B, or IV project permit application shall be governed by the following:

(1) Standing. Only parties of record have standing to appeal the hearing body’s decision.

(2) Time to File. An appeal of the hearing body’s decision must be filed within 14 calendar days following issuance of the hearing body’s written decision. Appeals may be delivered to the planning/building department 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 hearing body’s decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by the city’s ordinances as a legal holiday. Such days shall be excluded from the appeal period and the filing must be complete 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 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 hearing body’s decision until such time as the appeal is adjudicated by the appellate body or withdrawn.

(6) Notice of Appeal. The director shall provide public notice of the appeal as provided in FMC 22.07.003(b). (Ord. 1120 § 1, 1996).

22.10.005 Procedure for closed record decision/appeal.

(a) The following sections of this title shall apply to a closed record decision/appeal hearing: FMC 22.09.003; 22.09.004; 22.09.005; 22.09.006; 22.09.007(a) through (d) and (f); and 22.09.008.

(b) The closed record decision/appeal hearing shall be on the record before the hearing body, and no new evidence may be presented (RCW 36.70B.020). (Ord. 1145 § 4, 1997; Ord. 1120 § 1, 1996).

22.10.006 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 superior court. Such petition must be filed within 21 days of issuance of the decision, as provided in Chapter 36.70C RCW. (Ord. 1120 § 1, 1996).