Chapter 21.81
PROJECT PERMIT APPEALS

Sections:

21.81.010    Applicability of chapter.

21.81.020    Appeal of a project permit decision including SEPA.

21.81.030    Administrative appeal procedures.

21.81.010 Applicability of chapter.

(1) This chapter applies to all project permits set forth in Chapter 21.80 WMC or project permits and approvals that reference this chapter, unless specified otherwise by law.

(2) This chapter does not apply to the following:

(a) Appeal of decisions pertaining to the Woodinville Shoreline Master Program, which are to the Shoreline Hearings Board pursuant to RCW 90.58.180;

(b) Final short subdivision and final subdivision decisions;

(3) There is no administrative appeal of a SEPA threshold determination associated with a City Council legislative action. (Ord. 706 § 47 (Att. A), 2020)

21.81.020 Appeal of a project permit decision including SEPA.

(1) Type 1 and Type 2 decisions may be administratively appealed to the Hearing Examiner, subject to the following:

(a) Administrative appeals must be filed within 14 days following issuance of a notice of decision set forth in WMC 21.80.200. If a determination of nonsignificance (SEPA) with a comment period is issued concurrently with the decision, the appeal period shall be extended an additional seven days.

(b) Only parties with standing may initiate an appeal. Standing shall constitute the following:

(i) For a Type 1 decision, only the applicant, property owner, and the City shall have standing;

(ii) For a Type 2 decision, the applicant, the City and any person who becomes a party of record as defined in WMC 21.11.180 shall have standing.

(c) The person filing the appeal (appellant) has the burden of proof that the decision is not supported by a preponderance of evidence, except SEPA threshold determinations, which the appellant has the burden of proving that the decision is clearly erroneous. The Hearing Examiner shall accord substantial weight to the decision of the applicable Department Director.

(d) Administrative appeals must be submitted to the City along with payment of the appeal fee by 4:00 p.m. on the last business day of the appeal period specified in the notice. Submission of an appeal shall be in writing and include the following information:

(i) Appellant’s name, address and phone number;

(ii) Identification of the application which is the subject of the appeal;

(iii) Statement of the specific objections with the decision or findings;

(iv) Statement of the grounds for appeal and the facts upon which the appeal is based;

(v) A statement of the relief sought, including the specific nature and extent; and

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

(e) Administrative appeals shall follow the procedures set forth in WMC 21.81.030.

(f) 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 Woodinville Municipal Code.

(2) 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. (Ord. 706 § 47 (Att. A), 2020)

21.81.030 Administrative appeal procedures.

(1) Upon receipt of a complete filing for an administrative appeal and payment of a fee, City staff shall transmit a copy of the appeal to the Hearing Examiner.

(a) 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, subject to extension by the Hearing Examiner in exigent circumstances.

(b) An appeal involving a closed-record appeal hearing shall be decided within 60 days from the date a complete appeal was filed with the City.

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

(3) If an appeal of a SEPA threshold determination is filed, and action on the project permit involves a pre-decision hearing, the appeal hearing for the SEPA and the pre-decision hearing for the project permit shall be consolidated.

(4) 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.

(5) 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 WMC 21.80.150.

(6) Written notice of the appeal shall be sent by first class postage to the following:

(a) The appellant and the appellant’s representative, if any;

(b) The applicant and the applicant’s representative, if any; and

(c) All parties of record.

As an alternative, appeal notice may be sent by email or other forms of communications, if the party receiving the notice agrees, or has only provided email or other forms of contact information.

(7) The rules for the conduct of the hearing shall be pursuant to Chapter 2.27 WMC.

(8) A final decision on the appeal shall be issued within 10 business days after the conclusion of the hearing, unless the appellant agrees to an extended time period.

(9) 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.

(10) The appeal decision shall include findings based upon the record and conclusions which support the decision.

(11) 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 that materially differs from the original decision, a new appeal period shall commence consistent with the provisions of this chapter.

(12) Notice of the Hearing Examiner’s decision, which may be the decision itself, shall be provided to all parties to the appeal. (Ord. 706 § 47 (Att. A), 2020)