Chapter 17.48
APPEALS
Sections:
17.48.010 Persons who may appeal.
17.48.020 Commencement of appeal – Stay.
17.48.030 Appeal hearing – Notice and preparation of record.
17.48.050 Scope of appellate review.
17.48.010 Persons who may appeal.
A decision of the planning commission granting or denying approval of any final action authorized under this title may be appealed to the city council by any party with standing to initiate an appeal as defined in DPMC 19.16.090(D). (Ord. 722 § 37, 1998; Ord. 681 § 2, 1996)
17.48.020 Commencement of appeal – Stay.
A. A decision of the planning commission is final unless an appeal of the decision is commenced within the time limits of DPMC 19.16.090(E) after the commission’s issuance of a notice of decision on the application at issue.
B. An appeal is commenced by filing with the city clerk a written notice of appeal, specifically stating the reason for the appeal and the relief sought in accordance with the provisions of DPMC 19.16.090(F).
C. Upon commencement of an appeal, the decision appealed is stayed until the decision on the appeal becomes final in accordance with DPMC 19.16.090(I). (Ord. 722 § 38, 1998; Ord. 681 § 2, 1996)
17.48.030 Appeal hearing – Notice and preparation of record.
A. Upon timely commencement of an appeal, the city clerk or planning director shall schedule the appeal hearing, provide notice of the appeal in accordance with this title and DPMC Title 19, and prepare the appeal record.
B. The city clerk or planning director shall post notice of the appeal and mail such notice to each party who would have been entitled to notice of the original proceeding in accordance with this title and DPMC 19.16.050 and 19.16.090(H). The notice shall include the appellant’s notice of appeal, describe the decision appealed, state the date and time of the appeal hearing before the city council, and, for an open record appeal only, state that written argument supporting or opposing the appeal may be submitted by persons who are not able to be present at the hearing. Such notice shall conform to the provisions of this title and of DPMC Title 19. (Ord. 722 § 39, 1998; Ord. 681 § 2, 1996)
17.48.040 Appeal hearing.
The city council shall hold a public hearing on the appeal at its first regular meeting that takes place within 30 days after filing of the appeal.
A. If the planning commission’s notice of decision was rendered in the commission’s administrative capacity, following a public meeting rather than an open record public hearing, the appeal proceeding before the city council shall be take the form of an open record appeal in accordance with DPMC Title 19.
B. If the planning commission’s notice of decision was rendered in the commission’s quasi-judicial capacity, following an open record public hearing, the appeal proceeding before the city council shall be take the form of a closed record appeal in accordance with DPMC Title 19. (Ord. 722 § 40, 1998; Ord. 681 § 2, 1996)
17.48.050 Scope of appellate review.
The council may exercise its independent judgment on legal issues raised by the appellant. Legal issues are those matters that relate to the interpretation or construction of ordinances or other provisions of law. (Ord. 722 § 41, 1998; Ord. 681 § 2, 1996)
17.48.060 Decision.
Every decision of the city council shall be based upon findings and conclusions adopted by the council. Such findings should be sufficiently specific as to provide the applicant, appellant, community and where appropriate, reviewing authorities, a clear and precise understanding of the reasons for the decision. The city council shall issue a notice of decision within the applicable time frame set forth in DPMC Title 19 for the open record or closed record appeal proceeding. (Ord. 722 § 42, 1998; Ord. 681 § 2, 1996)
17.48.070 Judicial appeals.
Upon exhaustion of available administrative remedies, any party with standing to appeal may file for judicial review by the superior court within the time frame set forth in DPMC 19.16.110 and pursuant to Chapter 36.70C RCW. (Ord. 722 § 43, 1998)