Chapter 19.08
APPEALS

Sections:

19.08.010    Appealable decisions.

19.08.020    Consolidated appeals.

19.08.030    Open record appeals subject to review by the planning commission.

19.08.040    Closed record appeals subject to review by the city council.

19.08.050    Judicial appeals.

19.08.060    Effect of appeal.

19.08.070    Time limits of appeals.

19.08.010 Appealable decisions.

A.  Time Limits.  Appeals on final decisions on all applications defined in this title shall be limited to fourteen days from the date of final decision.

B.  Generally.  Only final actions or decisions on land-use applications, as defined in Section 19.01.040 of this title may be appealed under this chapter.

C.  Procedural Rulings.  Interim procedural or other rulings during or as part of a review or decision making process by a reviewing or other officer under this title are not appealable except as part of the final decision or action.  (Ord. 1063 §2(part), 1999)

19.08.020 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, Title 18 WMC, 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. 1063 §2(part), 1999)

19.08.030 Open record appeals subject to review by the planning commission.

A.  The planning commission shall hear all appeals of Class 1 applications.

B.  The appealing party must file a complete written notice of appeal with the planning department upon forms prescribed by the department and accompanied by the appeal fee and follow the public hearing procedures in Section 19.05.030 of this title, but be known as an open record appeal.

C.  The notice of appeal shall specify the claimed errors) and issue(s) which the planning commission is asked to consider on appeal and shall specifically state all grounds for such appeal.  Issues or grounds of appeal which are not so identified need not be considered by the planning commission.

D.  The administrator shall mail written notice to all parties of record to apprise them of the open record public appeal hearing and place a public notice in the newspaper of record at least fourteen days before the open record appeal hearing.  The planning department shall place the appeal application on the next available planning commission meeting agenda.

E.  The appellants and any respondents to the appeal notice shall have the opportunity to present oral and written argument during the open record appeal hearing.

F.  Following the open record appeal hearing the planning commission may affirm, reverse or modify the decision of the administrator.  The planning commission shall adopt its own written findings and conclusions in support of its decision.

G.  The decision of the planning commission shall be final and conclusive unless it is appealed to the city council subject to a closed record appeal in Section 19.08.040 of this title.  (Ord. 1063 §2(part), 1999)

19.08.040 Closed record appeals subject to review by the city council.

A.  The city council shall hear all appeals of Class 2 applications decisions in addition to all Class 1 applications that the planning commission has already heard an appeal and decided on during an open record public hearing process.

B.  The appealing party must file a complete written notice of appeal with the planning department upon forms prescribed by the department and accompanied by the appeal fee.

C.  The notice of appeal shall specify the claimed errors) and issue(s) which the city council is asked to consider on appeal and shall specifically state all grounds for such appeal.  Issues or grounds of appeal which are not so identified need not be considered by the city council.

D.  The planning department shall cause the appeal application to be placed on the next available city council agenda so that council may choose the date to hear the closed record appeal.  After a date for the closed record appeal hearing has been set the administrator shall mail written notice to all parties of record to apprise them of the appeal date.  Parties of record shall be given notice of an appeal at least ten days before the appeal.

E.  The closed record appeal shall be on the record before the city council.  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, argument by the parties, and may decide to view the site.

F.  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 record and to any alleged errors in the decision.

G.  Following the closed record appeal hearing the city council may affirm the decision of the planning commission, or may reverse or modify the 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 planning commission’s decision, it may adopt the findings of the planning commission and accept the decision of the planning commission.  (Ord. 1063 §2(part), 1999)

19.08.050 Judicial appeals.

The city council’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 RCW Chapter 36.70C.  Any and all costs for preparing or copying records for an appeal shall be borne by the appellant.  (Ord. 1063 §2(part), 1999)

19.08.060 Effect of appeal.

Filing of an appeal stays all action on recording of the underlying land-use action.  (Ord. 1063 §2(part), 1999)

19.08.070 Time limits of appeals.

The time period for consideration and decision on appeals shall not exceed:

A.  Ninety days for an open record appeal hearing, unless the parties to the appeal agree to extend this time period; and

B.  Sixty days for a closed record appeal, unless the parties to the appeal agree to extend this time period.  (Ord. 1063 §2(part), 1999)