Subtitle 20.8. Project Permit and Legislative Review Procedures

Chapter 20.80
PROJECT PERMIT REVIEW PROCEDURES

Sections:

20.80.010    Purpose.

20.80.020    Applicability.

20.80.030    General provisions.

20.80.040    Repealed.

20.80.050    Designation of decision types.

20.80.060    Project permit procedures.

20.80.070    Meetings prior to submitting a project permit application.

20.80.080    Submission requirements.

20.80.085    Supplemental submission requirements for building permit applications.

20.80.090    Optional consolidated permit review.

20.80.100    Determination of completeness.

20.80.110    Notice of application.

20.80.120    Notice of hearing.

20.80.130    Joint public hearing.

20.80.140    General notice requirements.

20.80.150    Combining notices.

20.80.160    Public and agency comments.

20.80.170    Consistency determination.

20.80.180    Report by city staff.

20.80.190    Decisions.

20.80.200    Notice of decision.

20.80.210    Processing timelines.

20.80.220    Appeals.

20.80.230    Administrative appeal procedures.

20.80.240    Development agreements.

20.80.010 Purpose.

A. Fundamental land use planning choices made in adopted comprehensive plans and development regulations shall serve as the foundation for project review. The purpose of this chapter is to establish the review procedures for processing project permit applications consistent with Chapter 36.70B RCW and local neighborhood involvement.

B. Project permit review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, drainage, landscaping, construction and other measures to mitigate a proposal’s impacts. (Ord. 855 § 1, 2010)

20.80.020 Applicability.

A. This chapter shall apply to all project permits set forth in this chapter, unless specifically exempt otherwise by law.

B. State agencies shall comply with the provisions of this chapter as provided in RCW 36.70A.103. This provision does not affect the state’s authority to site essential public facilities as provided for under RCW 36.70A.200. (Ord. 855 § 1, 2010)

20.80.030 General provisions.

A. Exemptions. The following project permits are exempt from this chapter:

1. Landmark designations;

2. Street vacations;

3. Legislative actions, such as those set forth in Chapters 20.81 through 20.83 MMC.

B. Standard of Review. The land use regulations in effect on the date an application vests will be the standard of review.

C. Vesting. A project permit application shall vest in the development regulations in effect at the time of submission of a completed project permit application as defined herein and all application fees are paid.

D. Conflict with Other Regulations. When any provisions of this chapter conflict with provisions of other city regulations, ordinances or resolutions, the more restrictive shall apply. (Ord. 855 § 1, 2010)

20.80.040 Definitions applicable to chapter.

Repealed by Ord. 900. (Ord. 855 § 1, 2010)

20.80.050 Designation of decision types.

A. All project permits are categorized as a Type 1, Type 2 or Type 3 decision, which are described as follows:

1. Type 1 Decision. These are administrative and ministerial actions that do not require public notice or a predecision hearing. They are categorically exempt from SEPA review, or have had SEPA review completed in connection with another application or permit.

2. Type 2 Decision. These are administrative actions that require public notice, but do not require a predecision hearing. They may or may not be categorically exempt from SEPA review.

3. Type 3 Decision. These are quasi-judicial actions that require public notice and a predecision hearing. They may or may not be categorically exempt from SEPA review.

B. The director shall determine the proper review and decision process for each project permit application consistent with the provisions of this chapter. Disputes shall be resolved in favor of the higher category of decision with a Type 1 decision being the lowest and a Type 3 decision being the highest. (Ord. 855 § 1, 2010)

20.80.060 Project permit procedures.

The procedures for processing a project permit application may include a determination of completeness, notice of application, notice of hearing, and notice of decision. The following tables establish the decision type, the person or body authorized to make the decision, the general review procedures, and notice requirements that are applicable to each project permit application.

A. Table 20.80.060(A) sets forth project permits that are categorized as Type 1 decisions with the applicable corresponding review procedures.

Table 20.80.060(A) – Type 1 Decisions 

Project Permit

Decision Authority

Procedure Requirements

DOC

NOA

NOH

NOD

Building, reroof and construction permits not listed/no SEPA

BO

Yes

No

No

Yes

Mechanical permit

BO

Yes

No

No

Yes

Demolition permit/no SEPA

BO

Yes

No

No

Yes

Grading and drainage permit/no SEPA

BO

Yes

No

No

Yes

Fence permit

BO

Yes

No

No

Yes

Final short subdivision

D

No

No

No

No

Administrative tree activity permit

D

Yes

No

No

Yes

Hazardous tree designation

D

Yes

No

No

Yes

Right-of-way permit

E

Yes

No

No

Yes

Lot line adjustment

D

Yes

No

No

Yes

Zoning code interpretation

D

No

No

No

Yes

Accessory dwelling units

D

Yes

No

No

Yes

Administrative sign approval

D

Yes

No

No

Yes

Code of conduct approval

E

Yes

No

No

Yes

SEPA letter of exemption

D1

No

No

No

Yes

Shoreline letter of exemption

D

No

No

No

Yes

Shoreline master program interpretation

D

No

No

No

Yes

Temporary use permit

D

No

No

No

Yes

Notes:

“DOC” – determination of completeness required pursuant to MMC 20.80.100

“NOA” – notice of application required pursuant to MMC 20.80.110

“NOH” – notice of hearing required pursuant to MMC 20.80.120

“NOD” – notice of decision required pursuant to MMC 20.80.200

“BO” means building official has authority to make the decision

“D” means the director has authority to make the decision

“E” means the city engineer or designee has authority to make the decision

1“Director” here means the person designated as the responsible official

B. Table 20.80.060(B) sets forth project permits that are categorized as Type 2 decisions with the applicable corresponding review procedures.

Table 20.80.060(B) – Type 2 Decisions 

Project Permit

Decision Authority

Procedure Requirements

DOC

NOA

NOH

NOD

Building permit/with SEPA

BO/D1

Yes

Yes

No

Yes

Demolition permit/with SEPA

BO/D1

Yes

Yes

No

Yes

Grading and drainage permit/with SEPA

BO/D1

Yes

Yes

No

Yes

Administrative right-of-way tree activity permit

D

Yes

Yes

No

Yes

Administrative special use permit

D

Yes

Yes

No

Yes

Administrative variance

D

Yes

Yes

No

Yes

Minor deviation

D

Yes

Yes

No

Yes

SEPA threshold determination

D1

Yes

Yes2

No

Yes

Preliminary short subdivision

D

Yes

Yes

No

Yes

Tailored construction mitigation plan – Level 1

D

Yes

Yes

No

Yes

Final subdivision

CC

No

No

No

Yes

Notes:

“DOC” – determination of completeness required pursuant to MMC 20.80.100

“NOA” – notice of application required pursuant to MMC 20.80.110

“NOH” – notice of hearing required pursuant to MMC 20.80.120

“NOD” – notice of decision required pursuant to MMC 20.80.200

“BO” means building official has authority to make the decision

“D” means the director has authority to make the decision

“CC” means the city council makes the decision

“E” means the city engineer or designee has authority to issue a decision

1“Director” here means the person designated as the responsible official

2A NOA is not required for a SEPA threshold determination issued pursuant to WAC 197-11-340(1)

C. Table 20.80.060(C) sets forth project permits that are categorized as Type 3 decisions with the applicable corresponding review procedures.

Table 20.80.060(C) – Type 3 Decisions 

Project Permit

Decision Authority

Procedure Requirements

DOC

NOA

NOH

NOD

Nonadministrative special use permit

HE

Yes

Yes

Yes

Yes

Conditional use permit

HE

Yes

Yes

Yes

Yes

Historical use permit

HE

Yes

Yes

Yes

Yes

Nonadministrative variance

HE

Yes

Yes

Yes

Yes

Site-specific rezone

PC/CC1

Yes

Yes

Yes

Yes

Reasonable use exception

HE

Yes

Yes

Yes

Yes

Nonadministrative right-of-way tree activity permit

HE

Yes

Yes

Yes

Yes

Nonadministrative tree activity permit

HE

Yes

Yes

Yes

Yes

Site plan review

PC

Yes

Yes

Yes

Yes

Tailored construction mitigation plan Level 2

PC

Yes

Yes

Yes

Yes

Preliminary subdivision

HE/CC2

Yes

Yes

Yes

Yes

Shoreline substantial development permit

HE

Yes

Yes

Yes

Yes

Shoreline variance

HE3

Yes

Yes

Yes

Yes

Shoreline conditional use permit

HE3

Yes

Yes

Yes

Yes

Notes:

“DOC” – determination of completeness required pursuant to MMC 20.80.100

“NOA” – notice of application required pursuant to MMC 20.80.110

“NOH” – notice of hearing required pursuant to MMC 20.80.120

“NOD” – notice of decision required pursuant to MMC 20.80.200

“HE” means the hearing examiner has authority to make the decision

“PC” means the Medina planning commission has authority to make the decision

“CC” means the city council makes the decision

1The planning commission holds the open-record hearing and makes a recommendation to the city council. The city council decides the rezone at a closed-record meeting.

2Hearing examiner holds the open-record hearing and makes a recommendation to the city council. The city council decides the preliminary subdivision at a closed-record meeting.

3If the hearing examiner’s action on shoreline variances and shoreline conditional use permits is to approve the application, the approval shall be submitted to the Washington State Department of Ecology for approval, approval with conditions, or denial pursuant to WAC 173-27-200.

(Ord. 923 § 39, 2015; Ord. 900 § 38, 2013; Ord. 855 § 1, 2010)

20.80.070 Meetings prior to submitting a project permit application.

A. Predevelopment Meeting. The purpose of a predevelopment meeting is to acquaint the applicant with the processes of the city and to discuss issues involving development, an application, or a project.

1. A predevelopment meeting may be held at any time before an application is submitted.

2. The city may require a predevelopment meeting when a proposal is determined by the director to be of a size or complexity to necessitate such a meeting.

3. A predevelopment meeting is not intended to be an exhaustive review of all potential issues and the discussion shall not be binding or prohibit the enforcement of applicable laws. Failure to provide all pertinent information may prevent the city from identifying all of the issues or providing the most effective predevelopment meeting.

B. Intake Meeting. This is the first formal step in the project permit review process.

1. An intake meeting is mandatory for all project permit applications prior to submittal. The director may waive this requirement if it is determined to be unnecessary.

2. The purpose of the meeting is to determine the adequacy of the project permit application for submission.

3. An intake meeting is not a determination of a complete project permit application as set forth in MMC 20.80.100 and does not vest the application. (Ord. 855 § 1, 2010)

20.80.080 Submission requirements.

A. A project permit application shall be on forms, number of forms, and be in a manner determined by the city.

B. The city shall establish the minimum submittal requirements consistent with subsection (C) of this section and other provisions of the Medina Municipal Code for each type of project permit application. The submittal requirements shall be made available to the public in a written checklist or other form provided by the city that clearly describes the materials that must be submitted for an application to be considered acceptable.

C. Unless specified otherwise, an application shall at a minimum include the following:

1. A completed application form;

2. A legal description of the property, property address, and associated tax parcel number;

3. A vicinity map showing the location of the property including surrounding streets, private lanes, shorelines and other reference points;

4. A site plan when physical changes to the property will result from approval of the application;

5. When required, mailing labels containing the names and addresses of all owners of record of parcels within the notification radius prescribed by this chapter;

6. The names, addresses, and phone numbers of the applicant and all owners of the property, along with a signed letter or other verification of the owner’s consent to the application;

7. When required, SEPA checklist and/or other environmental documentation;

8. Additional information required by the city to support a decision on the application; and

9. Application fee. (Ord. 855 § 1, 2010)

20.80.085 Supplemental submission requirements for building permit applications.

In addition to the submittal requirements set forth in MMC 20.80.080, the following shall apply to applications for permits prescribed under Chapter 20.40 MMC (Building Codes):

A. Construction documents shall be prepared by a professional as set forth in Chapter 2.52 MMC; and

B. Where a person performs the “practice of architecture” as defined in RCW 18.08.320, the construction documents shall be prepared by a person licensed as prescribed in Chapter 18.08 RCW; and

C. The requirement for licensing shall not apply to a person meeting any of the conditions set forth in RCW 18.08.410, except a person performing design work including preparing construction contract documents and administration of the construction contract as defined in RCW 18.08.320 for the erection, enlargement, repair, or alteration of a single-family dwelling containing 4,000 gross square feet of floor area or larger shall be licensed as prescribed in Chapter 18.08 RCW. (Ord. 881 § 1, 2011)

20.80.090 Optional consolidated permit review.

A. An application, which involves two or more project permits, may have the review processes consolidated under the procedures for the highest category of a type of decision. The applicant shall specify whether they want the project permit applications consolidated under a single review process or separately.

B. Only one open-record hearing and no more than one closed-record appeal shall be allowed under a consolidated review process. If a predecision hearing is provided prior to the decision on a project permit application, a subsequent open-record appeal hearing shall not be allowed.

C. The city may require an applicant to submit project permit applications under a consolidated review process if it is found necessary to comply with the one open-record hearing rule.

D. If multiple permits for a project are processed separately, the highest type of decision shall be final before subsequent permits can be issued. The director may waive this requirement when a project permit is not dependent on the higher type of decision for its justification or implementation.

E. If two or more authorities are designated to decide project permits under the highest category of consolidated review, except for applications involving subdivisions, which must be decided by the city council, the director shall designate which of the authorities shall decide the consolidated project permit applications. (Ord. 855 § 1, 2010)

20.80.100 Determination of completeness.

When the tables in MMC 20.80.060 identify a requirement for a determination of completeness, the following shall apply:

A. Within 28 days of accepting the project permit application, the city shall provide a written notice to the applicant that:

1. The application is complete; or

2. The application is incomplete and what is necessary to make the application complete.

B. To the extent known by the city, the determination of completeness shall identify other agencies of local, state or federal government that may have jurisdiction over some aspect of the application.

C. Failure to provide the written notice within 28 days shall automatically deem the application as complete.

D. A project permit application is determined complete when it meets the submittal requirement established in MMC 20.80.080 and is accepted by the city. A determination of completeness shall not preclude the city from requesting additional information or studies as a condition to continue review of a project permit application.

E. When a notice for an incomplete application is issued, the applicant shall have 90 days from the date of the written determination to submit the necessary information. If the city does not receive the information within 90 days, the application shall lapse. The director may grant a time extension to submit additional information, if the applicant makes such a request in writing prior to expiration of the 90 days.

F. When an applicant submits information pursuant to subsection (E) of this section, the city shall provide written notice to the applicant within 14 days of receipt as to whether the application is complete or if additional information is required. Failure to notify the applicant within the 14 days will automatically deem the application as complete. (Ord. 855 § 1, 2010)

20.80.110 Notice of application.

When the tables in MMC 20.80.060 identify a requirement for a notice of application, the following shall apply:

A. The city shall provide a notice of application within 14 days after the determination of completeness is issued.

B. The content of the notice of application shall include the following information:

1. The file number assigned to the project permit;

2. The date the application was received, the date of the determination of completeness, and the date of the notice of application;

3. A description of the proposal;

4. A list of project permits included with the application, and to the extent known, a list of the project permits not included in the application;

5. Identification of existing environmental documents that evaluate the proposal;

6. The location where the application and any studies can be reviewed;

7. A statement of the public comment period, which shall not be less than 14 days or more than 30 days;

8. The date, time, place, and type of hearing, if applicable and scheduled at the date of the notice of the application;

9. A statement of the rights of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made and any appeal rights;

10. A statement of the preliminary determination of consistency pursuant to MMC 20.80.170, if one has been made at the time of notice, of those development regulations that will be used for project mitigation; and

11. Any other information determined appropriate by the city.

C. The notice of application shall be posted and mailed in accordance with MMC 20.80.140. Additionally, the notice of application shall be published in accordance with MMC 20.80.140 when the notice of application is combined with a SEPA threshold determination and/or notice of hearing. (Ord. 855 § 1, 2010)

20.80.120 Notice of hearing.

When the tables in MMC 20.80.060 identify a requirement for a notice of hearing, the following shall apply:

A. A notice of hearing is required for all predecision hearings and shall be subject to the following:

1. The city shall provide the notice of hearing at least 15 days before the hearing date; and

2. In setting the hearing date, the city shall consider the time necessary for comment and appeal periods on any related SEPA threshold determination, and for the city to conduct the hearing and issue a decision within the 120-day time period prescribed in MMC 20.80.210.

B. The content of the notice of hearing shall include the following information:

1. Project description, list of project permits in the application, assigned city file number, and the city contact person;

2. The date, time, and place for the hearing;

3. The right of any person to participate in the hearings and request a copy of the decision;

4. If applicable, the SEPA threshold determination and the deadline (date, time and place) for submitting a SEPA appeal, including a statement that any timely SEPA appeal shall be heard at the scheduled predecision hearing; and

5. Any other information determined appropriate by the city.

C. The notice of hearing shall be posted, mailed, and published in accordance with the general notice requirements in MMC 20.80.140.

D. Continuation of a hearing does not require additional notice. (Ord. 855 § 1, 2010)

20.80.130 Joint public hearing.

A. When requested by the applicant, the city may allow a predecision hearing to be combined with any other hearing that may be held by another local, state, regional, federal, or other agency for the same project; provided, that:

1. The hearing is held within the geographic boundary of the city;

2. The hearing is held within 120 days as specified in MMC 20.80.210, unless the time period is waived by the applicant;

3. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements; and

4. Each agency participating in the hearing has received the necessary information from the applicant about the proposed project to hold the combined hearing.

B. In all cases, appeals and hearings shall be combined in a manner which retains applicable city procedures. The city may combine its notice requirements with other agencies’ notices, and the hearing examiner shall have the discretion to decide the procedures for conducting the hearing when there are conflicting procedures. (Ord. 855 § 1, 2010)

20.80.140 General notice requirements.

The notice requirements of this chapter are intended to meet or exceed those required by state law. Notices shall meet the following:

A. When posting is required, the following shall apply:

1. The notice shall be posted on a sign located in an open public right-of-way adjacent to the subject property and clearly visible from the public street or a public area.

2. When the property does not abut an open public right-of-way, the sign shall be posted as follows:

a. In an open public right-of-way within 10 feet of where the private lane, shared driveway, or an unopen public right-of-way connects to the open public right-of-way.

b. The city may require additional signs to be posted on the subject property in a location visible to adjoining property owners, if posting one notice sign is determined to not be reasonably sufficient by the director.

3. The director shall determine the specifications to the construction and installation of the signs used to post notices.

4. An affidavit or declaration of posting containing the date, location, and the signature of the person responsible for the posting shall be provided and serve as proof the notice was posted.

5. The city, at its option, may be responsible or may direct the applicant to be responsible for posting signs and notices.

6. Notice shall remain posted throughout the project permit review process until all appeal periods have expired. Signs may be updated and used for other posted notices required by the city. However, signs shall be removed within seven days after all appeal periods have expired, unless the city requires notice to remain posted longer.

B. When mailing is required, the following shall apply:

1. Written notice shall at a minimum be sent by first class postage to the following:

a. The applicant and/or the property owner;

b. Any state, federal or local agencies with jurisdiction related to the project;

c. Any person who writes to the city requesting such notice;

d. The Washington State Department of Transportation when a proposed subdivision or short subdivision is located adjacent to a state highway right-of-way.

2. Notice shall be mailed to the addresses of all properties located within a distance of 300 feet or three parcels, whichever distance is greater, but not required to exceed a distance of 1,000 feet. Distance shall be measured from all portions of the subject property including any contiguous property owned, controlled or under the option of purchase by the same property owner and/or applicant.

3. The address of the property owner and/or taxpayer of record on file with King County assessor tax records shall serve as the official record where notice shall be mailed.

4. Any mailed notice required by this chapter shall be adequate when a good-faith effort has been made to identify and mail notice to the address of property owners or taxpayers of record on file with the King County assessor.

5. Notice mailed to persons at their known address shall be judged to have been received by those persons if those persons and their addresses are named in a declaration of mailing. The failure of any person to actually receive the notice shall not invalidate any permit or approval.

C. When publishing is required, the following shall apply:

1. Published notice shall be in a newspaper of general circulation within the city boundaries.

2. The content of the published notice shall include the following:

a. Project location;

b. Project description;

c. Type of permits required;

d. Comment period and dates;

e. Location where the complete application may be viewed.

D. The provisions of this section shall not limit the city’s ability to provide additional public notice by other means of communication. (Ord. 932 § 14, 2016; Ord. 855 § 1, 2010)

20.80.150 Combining notices.

The city will combine notices, including SEPA notices, whenever possible, provided the requirements of each individual notice are met by the combined notice. Examples of combined notice include, but are not limited to:

A. Notice of application, SEPA threshold determination and SEPA appeal notice;

B. Notice of application and optional DNS process;

C. Notice of application and notice of hearing;

D. Notice of application, notice of hearing, SEPA threshold determination and SEPA appeal notice. (Ord. 855 § 1, 2010)

20.80.160 Public and agency comments.

A. Public and agency comments shall be specific. If no written comments are received by the date specified in the notice, or if no comments are received by the closing of the record of a predecision hearing, the person or agency is presumed to have no comments on the matter.

B. The city may accept public and agency comments at any time prior to the closing of the record of predecision hearing or if there is no predecision hearing, prior to the decision on the project permit.

C. A person who only signs a petition shall be considered to not have a substantial interest in the matter. To be considered as having a substantial interest in a matter, a person must become a party of record pursuant to MMC 20.12.170. (Ord. 855 § 1, 2010)

20.80.170 Consistency determination.

A. A proposed project shall be reviewed for consistency with applicable development regulations, or in the absence of development regulations, the appropriate elements of the Medina comprehensive plan. Consideration shall be given to the following:

1. The type of land use permitted, including uses that may be permitted under certain circumstances, provided the criteria for their approval is satisfied;

2. The level of development, such as density;

3. The availability and adequacy of infrastructure; and

4. The characteristics of the development such as development standards.

B. Nothing in this section requires documentation or limits the city from asking more specific or related questions with respect to any of the items in subsection (A) of this section.

C. Project permit review shall not reexamine or hear appeals to development regulations or the comprehensive plan, except for issues relating to code interpretations. Nothing in this section limits the authority of the city to approve, condition, or deny projects as provided in the development regulations and the policies adopted under SEPA. (Ord. 855 § 1, 2010)

20.80.180 Report by city staff.

When a project permit application requires a predecision hearing, the following shall apply:

A. Following the expiration of the comment period on the notice of application, the city shall coordinate and assemble the reviews and comments of persons and local, state and federal agencies that have an interest in the project permit application.

B. The city shall prepare a report evaluating whether the project permit application meets applicable decision criteria. The report shall include recommended conditions, if appropriate, and a recommendation on the action to be taken on the application.

C. At least seven days before the predecision hearing, the report shall be made available to the applicant and the public, and a copy transmitted with relevant exhibits to the hearing body that will decide the matter. (Ord. 855 § 1, 2010)

20.80.190 Decisions.

The decision authority specified in the tables in MMC 20.80.060 shall decide the corresponding project permit application. Decisions shall be subject to the following:

A. The decision authority for a Type 1 or Type 2 decision may approve, approve with conditions, or deny a project permit application based on the appropriate decision criteria.

B. The decision authority for a Type 3 decision may approve, approve in part, approve with conditions, deny, deny in part, or deny with conditions based on the appropriate decision criteria.

C. Decisions shall be issued within the time period prescribed in MMC 20.80.210.

D. Notice of decision shall be provided pursuant to MMC 20.80.200.

E. A decision issued under this chapter shall be given the effect of a final decision. However, action is not authorized until:

1. Expiration of the administrative appeal period; or

2. If an appeal is filed, the decision on the administrative appeal is final; or

3. The administrative appeal period is waived. The director may grant a waiver of an administrative appeal period only if the following conditions are satisfied:

a. The decision is a Type 1 or Type 2 decision, excluding appeals relating to the Medina shoreline master program; or the decision is a Type 3 decision by the Medina planning commission; and

b. Only parties with standing to initiate an appeal are the applicant, property owner, and city; and

c. A written request for waiver, signed by the applicant and property owner, is submitted to the director; and

d. The decision is fully compliant with the Medina Municipal Code.

F. Type 2 and Type 3 decisions shall include written findings based upon the record and conclusions which support the decision.

G. Issuance of Decisions.

1. A decision by a hearing body shall be issued within 14 days after the conclusion of a predecision hearing, unless a longer period is mutually agreed to between the applicant and the hearing body, and the decision shall constitute the final decision.

2. When the decision authority on a Type 3 decision is the planning commission or city council, a written decision shall be issued within 14 days after the conclusion of a predecision hearing, unless a longer period is mutually agreed to between the applicant and the city, and the decision shall constitute the final decision.

H. A party of record may file a motion for reconsideration of a hearing examiner’s decision pursuant to the provisions set forth in MMC 2.78.090. (Ord. 932 § 15, 2016; Ord. 855 § 1, 2010)

20.80.200 Notice of decision.

A notice of decision is issued at the conclusion of the project permit review.

A. The notice of decision may be a copy of the report or decision on the project permit application, or it may be a separate written notice.

B. The city shall provide a notice of decision that includes the following:

1. A statement of any SEPA threshold determination, if notice was not previously given;

2. The administrative appeal process and time period for filing an appeal, if any;

3. Information on requesting reconsideration of a hearing examiner’s decision, if applicable; and

4. A statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program or revaluation.

C. The notice of decision shall be mailed by first class postage and/or provided by personal service to the following:

1. The applicant;

2. Parties of record;

3. Any person submitting a written request to the city to receive the decision;

4. King County assessor’s office; and

5. Any other party determined appropriate by the city. (Ord. 855 § 1, 2010)

20.80.210 Processing timelines.

A. A decision on a project permit application shall be issued within 120 days from the date the application is determined to be complete pursuant to MMC 20.80.100, except as follows:

1. The city makes written findings that a specified amount of additional time is needed for processing the application; or

2. A project permit or approval involves public facilities, utilities or related uses of public areas or facilities if the director determines special circumstances warrant a longer process.

B. 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 parties of record. The notice shall include a statement of reasons why the time limits were not met, and an estimated date for issuance of the notice of decision.

C. In calculating the 120-day time period, the following days shall be excluded:

1. Any period in which the city asks the applicant to correct plans, perform required studies, or provide additional information and the applicant takes to provide the additional information.

2. Any period where the city determines that submitted information is insufficient or incorrect, and has requested the applicant provide the necessary information.

3. Any period, not to exceed 30 days, during which a code interpretation pursuant to MMC 20.10.050 is processed in conjunction with an underlying project permit application.

4. Any period during which an environmental impact statement is being prepared.

5. Any period of time for an administrative appeal or reconsideration of the hearing examiner’s decision.

6. Any period of time a project permit application requires approval of an amendment to the comprehensive plan or development regulation in order to receive permit approval.

7. Any period of time on a project permit application that is substantially revised by the applicant, in which case a new 120-day time period shall start from the date at which the revised project application is determined to be complete.

8. Any extension of time mutually agreed upon by the applicant and the city.

D. All excluded periods are calculated from the date the city notifies the applicant to when the information satisfies the city’s requirement.

E. If the city is unable to issue a decision within the time period prescribed by this section, the city shall notify the applicant in writing. The notice shall include a statement of reasons why the time limits have not been met and an estimated date of issuance of a decision.

F. Failure to comply with the required timelines specified by this chapter shall not create a liability for damages. (Ord. 900 § 39, 2013; Ord. 855 § 1, 2010)

20.80.220 Appeals.

The following shall apply to appeals:

A. Type 1 and Type 2 decisions may be appealed to the hearing examiner, subject to the following:

1. Appeals must be filed within 14 days following issuance of a notice of decision. If a determination of nonsignificance (SEPA) with a comment period is issued concurrently with the project decision, the appeal period shall be extended an additional seven days.

2. Only parties of record with standing may initiate an appeal. Standing shall constitute the following:

a. For a Type 1 decision, only the applicant, property owner, and the city shall have standing;

b. For a Type 2 decision, the applicant, the city and any person who becomes a party of record pursuant to MMC 20.12.170 shall have standing.

3. The appellant shall have the burden of proof by a preponderance of evidence that the decision was not supported by substantial evidence, except SEPA threshold determinations, which the appellant shall have the burden of proof by a clearly erroneous standard.

4. Appeals must be submitted to the city by the date, time and place prescribed in the legal notice. Appeals shall be in writing and contain at a minimum the following information:

a. Appellant’s name, address and phone number;

b. Identification of the application which is the subject of the appeal;

c. Statement of the specific objections with the decision or findings;

d. Statement of the grounds for appeal and the facts upon which the appeal is based;

e. A statement of the relief sought, including the specific nature and extent; and

f. A statement attesting to the truthfulness of the information being provided with the appellant’s signature.

5. Administrative appeals are subject to the procedures set forth in MMC 20.80.230.

6. The timely filing of an administrative appeal shall stay the effective date of the decision until the appeal is either decided or withdrawn. Failure to file a timely and complete appeal shall constitute waiver of all rights to an administrative appeal under the Medina Municipal Code.

B. Type 3 decisions may be appealed to King County superior court by filing a land use petition within 21 days pursuant to Chapter 36.70C RCW.

C. Exceptions to Subsections (A) and (B) of This Section.

1. Appeal of a decision relating to the Medina shoreline master program shall be to the shoreline hearings board pursuant to RCW 90.58.140(6).

2. There shall be no administrative appeal of a Type 1 decision on a final short subdivision.

3. Appeal of a Type 2 decision on a final plat shall be to King County superior court by filing a land use petition within 21 days pursuant to Chapter 36.70C RCW.

4. Appeal of a Type 3 decision by the planning commission shall be the same as an appeal of Type 1 and Type 2 decisions set forth in subsection (A) of this section.

5. There is no administrative appeal of a SEPA threshold determination associated with a city council legislative action. (Ord. 855 § 1, 2010)

20.80.230 Administrative appeal procedures.

A. Upon receipt of a complete filing for an administrative appeal and payment of the appeal fee, the city shall transmit a copy of the appeal to the hearing examiner.

1. An appeal involving an open-record appeal hearing shall be decided within 90 days from the date a complete appeal was filed with the city.

2. An appeal involving a closed-record appeal shall be decided within 60 days from the date a complete appeal was filed with the city.

B. If there are multiple administrative appeals filed on the same action, they shall be consolidated and combined into one hearing.

C. If an appeal of a SEPA threshold determination is filed and action on the project permit involves a predecision hearing, the appeal hearing and predecision hearing shall be combined.

D. The hearing examiner may summarily dismiss an appeal in whole or in part without a 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. Summary dismissal orders shall be issued within 14 days of receipt by the hearing examiner of the appeal or a request for dismissal, whichever is later.

E. The city shall provide written notice of the appeal hearing at least 14 days prior to the date of the hearing. The notice may be combined with other notices pursuant to MMC 20.80.150. Written notice shall be sent by at least first class postage to the following:

1. The appellant and the appellant’s representative, if any;

2. The applicant and the applicant’s representative, if any; and

3. All parties of record.

F. The rules for the conduct of the hearing shall be pursuant to MMC 2.78.060.

G. A final decision shall be issued within 14 days after the conclusion of the hearing or not later than the time periods set forth in subsection (A) of section, whichever is sooner, unless the appellant agrees to an extended time period.

H. 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 matter back to city staff with directions for further processing.

I. The appeal decision shall include findings based upon the record and conclusions which support the decision.

J. If the application is remanded back to city staff for further processing, the hearing examiner’s decision shall not be considered a final decision, except for purposes of application time limitations. If a new decision is issued by the city, a new appeal period shall commence consistent with the provisions of this chapter.

K. Notice of the hearing examiner’s decision, which may be the decision itself, shall be provided to all parties to the appeal.

L. Any party to the appeal may file a written petition for reconsideration of the hearing examiner’s decision pursuant to MMC 2.78.090. (Ord. 855 § 1, 2010)

20.80.240 Development agreements.

A. The city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction or outside its boundaries as part of a proposed annexation or a service agreement. A development agreement sets forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement.

B. A determination of completeness, notice of hearing and a notice of decision are required pursuant to the provisions of this chapter. The 120-day time limit for the notice of decision shall not apply to a development agreement.

C. The city council may approve a development agreement by ordinance or resolution only. (Ord. 855 § 1, 2010)