Chapter 12.01
ADMINISTRATION OF DEVELOPMENT REGULATIONS*
Sections:
12.01.010 Purpose and applicability.
12.01.020 Definitions.
12.01.030 Application processes and classification.
12.01.040 Project permit application.
12.01.050 Exemptions from project permit application processing.
12.01.055 Fees.
12.01.060 Joint public hearings.
12.01.070 Process VI legislative actions.
12.01.080 Pre-application conference.
12.01.090 Project permit applications.
12.01.100 Submission and acceptance of application.
12.01.105 Application vesting.
12.01.110 Procedure for complete but incorrect applications.
12.01.115 Procedure for ready-to-issue permits.
12.01.120 Referral and review of project permit applications.
12.01.125 Notification of proximity to agricultural resource lands.
12.01.130 Public notice – Generally.
12.01.140 Notice of application.
12.01.145 Notice of open record hearing.
12.01.147 Notice of city council meetings on project permit applications.
12.01.150 Consistency with development regulations and SEPA.
12.01.155 Code of conduct.
12.01.160 Open record hearings.
12.01.170 Notice of decision.
12.01.180 Time limitations.
12.01.185 Expiration of permits.
12.01.190 Open record appeal.
12.01.195 Closed record appeal.
12.01.200 Judicial appeals.
*Editor’s note – Ord. No. 3169, § 3, adopted May 16, 1994, repealed former ch. 12.01, §§ 12.01.010 – 12.01.080, which pertained to the board of adjustment.
12.01.010 Purpose and applicability.
The purpose of this chapter is to establish a set of processes to be used for land use and development proposals subject to review under the following portions of the Kent City Code:
A. Chapter 2.32 KCC, Office of Hearing Examiner;
B. Chapter 11.03 KCC, Environmental Policy;
C. Chapter 12.04 KCC, Subdivisions, Binding Site Plans, and Lot Line Adjustments;
D. Chapter 14.01 KCC, Building Codes; and
E. KCC Title 15, Zoning.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 4372, § 1, 10-20-20)
12.01.020 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
A. Closed record appeals are administrative appeals under Chapter 36.70B RCW which are heard by the city council or hearing examiner, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal arguments allowed.
B. Judicial appeals are appeals filed by a party of record in King County superior court.
C. Open record hearing means a hearing held under Chapter 36.70B RCW and conducted by the Kent hearing examiner who is authorized by the city to conduct such hearings, that creates the city’s record through testimony and submission of evidence and information, under procedures prescribed by the city by ordinance or resolution. An open record hearing may be held prior to the city’s decision on a project permit to be known as an “open record predecision hearing.” An open record hearing may be held on an appeal, to be known as an “open record appeal hearing,” if no open record predecision hearing has been held on the project permit.
D. Parties of record means:
1. The applicant;
2. The property tax payer as identified by the records available from the King County assessor’s office;
3. Any person who testified at the open record public hearing on the application; and/or
4. Any person who submitted written comments during administrative review or has submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or form letters).
E. Project permit means any land use or environmental permit or license required from the city of Kent for a project action, including but not limited to building permits, site development permits, site plan review, land use preparation permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, development plan review, or site-specific rezones authorized by the comprehensive plan; but excluding adoption or amendment of the comprehensive plan and development regulations, zoning of newly annexed land, area-wide rezones, and zoning map amendments except as otherwise specifically included in this subsection.
F. Planning director means the director of the Economic and Community Development (ECD) department of the city of Kent or their designee.
G. Public meeting means an informal meeting, hearing, workshop, or other public gathering of persons to obtain comments from the public or other agencies on a proposed project permit prior to the city’s decision. A public meeting may include, but is not limited to, a city council meeting, a city council committee meeting, a land use and planning board workshop, a community meeting, a neighborhood meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the city’s project permit application file.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 3801, § 1, 6-6-06; Ord. No. 4044, § 1, 8-21-12; Ord. No. 4372, § 1, 10-20-20)
12.01.030 Application processes and classification.
A. Application processes. Project permit applications for review pursuant to this chapter shall be classified as a Process I, Process II, Process III, Process IV, or Process V action. Process VI actions are legislative. Project permit applications and decisions are categorized by type as set forth in KCC 12.01.040.
B. Determination of proper process type. The planning director shall determine the proper process types for all applications. If there is a question as to the appropriate process type, the planning director shall resolve it in favor of the higher process type number. Process I is the lowest and Process VI is the highest.
C. Optional consolidated permit processing. An application that involves two or more process types may be treated collectively under the highest numbered process type required for any part of the application or treated individually under each process type identified by this chapter. An applicant may ask that the application be treated collectively or individually. If the application is administered under the individual process option, the highest numbered process procedure must be finalized prior to the subsequent lower numbered process being finalized. If the application is processed under the individual procedure option, there shall be no more than one open record hearing and no more than one closed record appeal for all application processes. Open record hearings and closed record appeals must be consolidated under the higher process type number. An application for rezone may be processed separately from an application for another project permit.
D. Decision maker(s). Applications processed in accordance with subsection (C) of this section which have the same highest numbered process type but are assigned different hearing bodies shall be heard collectively by the highest decision maker(s). The city council is the highest, followed by the hearing examiner, and then the planning director. Joint public hearings with other agencies shall be processed according to KCC 12.01.060, Joint public hearings.
E. Environmental review. Process I, II, III, IV, and V permits which are subject to environmental review under SEPA (Chapter 43.21C RCW) are subject to the provisions of this chapter. An environmental checklist shall be submitted in conjunction with the submittal of a project permit application. One environmental threshold determination shall be made for all related project permit applications. The city will not issue a threshold determination, other than a DS, prior to the submittal of a complete project permit application and the expiration of the public comment period for the notice of application pursuant to KCC 12.01.140, but may utilize the public notice procedures as outlined in KCC 11.03.410(A)(1) to consolidate public notice.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 3760, § 1, 9-6-05; Ord. No. 4044, § 2, 8-21-12; Ord. No. 4372, § 1, 10-20-20)
12.01.040 Project permit application.
A. Process types. The following table lists the process types, the corresponding applications, and, parenthetically, the corresponding final decision maker and appellate body.
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Process I |
Process II |
Process III |
Process IV |
Process V |
Process VI |
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Applications: |
Zoning permit review (1) (4) |
Administrative design review (1) (4) |
Conditional use permit (2) (7) |
Planned unit development (3) (7) with change of use |
Final plat (1) (7) |
Zoning of newly annexed lands (3) (7) |
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Performance standards procedures (1) (4) |
Shoreline substantial development permit (1) (6) |
Sign variance (2) (7) |
Special use combining district (3) (7) |
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Area-wide rezones to implement new city policies (3) (7) |
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Sign permit (1) (4) |
Accessory dwelling unit permit (1) (4) |
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Rezone (3) (7) |
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Comprehensive plan amendments (3) (7) |
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Lot line adjustment (1) (4) |
Administrative variance (1) (4) |
Variance (2) (7) |
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Development regulations (3) (7) |
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Administrative interpretation (1) (4) |
Downtown design review |
Shoreline conditional use permit (2) (6) |
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Zoning map amendments (3) (7) |
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Multifamily tax exemption conditional certification (1) (5), all other multifamily tax exemption (1) (4) |
Mixed use design review (1) (4) |
Shoreline variance (2) (6) |
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Zoning text amendments (3) (7) |
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Development plan review (planning director, building official, or public works director) (4) |
Midway design review (1) (4) |
Preliminary plat (2) (7) |
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Site plan review (1) (4) |
Multifamily design review (1) (4) |
Planned unit development (2) (7) without a change of use |
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Critical area determination (1) (4) |
Industrial design review (1) (4) |
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Administrative approval/WTF (1) (4) |
Binding site plan (1) (4) |
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Mobile home park closure (8) (4) |
Short subdivision (1) (4) |
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Home occupation (1) (4) |
Special home occupation (1) (4) |
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Minor conditional use (1) (4) |
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(1) Final decision made by planning director. (2) Final decision made by hearing examiner. (3) Final decision made by city council. (4) Appeal to hearing examiner. (5) Appeal to city council. |
(6) Appeal to shoreline hearings board. (7) No administrative appeals. (8) Final decision made by manager of housing and human services. |
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B. Process procedures. The following table lists the process types and the corresponding procedures.
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Project Permit Applications (Processes I – V) |
Legislative |
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|---|---|---|---|---|---|---|
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Process I |
Process II |
Process III |
Process IV |
Process V |
Process VI |
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Notice of application: |
Yes, for projects requiring SEPA review |
Yes, for projects requiring SEPA review, short plats, minor conditional use, and shoreline substantial development permits |
Yes |
Yes |
No |
No |
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Recommendation made by: |
N/A |
N/A |
N/A |
Hearing examiner |
N/A |
Land use and planning board |
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Final decision made by: |
Planning director, building official, public works director, or manager of housing and human services as applicable |
Planning director |
Hearing examiner |
City council, based upon record made before hearing examiner |
Planning director |
City council |
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Open record hearing: |
No |
No |
Yes, before hearing examiner to make final decision |
Yes, before hearing examiner to make recommendation to council |
No |
Yes, before land use and planning board to make recommendation to city council, and/or before city council |
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Reconsideration: |
No |
No |
Yes, of hearing examiner’s decision |
Yes, of hearing examiner’s recommendation |
No |
No |
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Open record appeal: |
Yes, if appealed, then before hearing examiner, except multifamily tax exemption conditional certificate as noted below |
Yes, if appealed, then before hearing examiner, except shoreline substantial development permit as noted below |
No |
No |
No |
No |
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Closed record appeal: |
Only if appeal of denial of multifamily tax exemption conditional certificate, then before the city council |
Only if appeal of shoreline substantial development permit, then before the shoreline hearings board |
Only if appeal of shoreline variance or shoreline conditional use, then before the shoreline hearings board |
No |
No |
No |
|
Judicial appeal: |
Yes, for appeal of administrative appeal decision |
Yes |
Yes |
Yes |
Yes |
Yes |
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 3614, § 1, 9-17-02; Ord. No. 3801, § 2, 6-6-06; Ord. No. 4011, § 2, 12-13-11; Ord. No. 4044, § 3, 8-21-12; Ord. No. 4252, § 1, 9-19-17; Ord. No. 4372, § 1, 10-20-20)
12.01.050 Exemptions from project permit application processing.
A. General exemptions. The following permits or approvals are specifically excluded from the notification and procedural requirements set forth in this chapter:
1. Landmark designations.
2. Street vacations.
3. Street use permits.
4. Pursuant to RCW 36.70B.140(2), boundary line adjustments, building permits, and other construction permits, which are categorically exempt from environmental review under SEPA or that do not require street improvements or for which environmental review under SEPA has been completed in connection with other project permits. For example, if public notice and environmental review for a project was completed with an initial application for a project permit, a subsequent application for a different permit for the same project is specifically excluded from the public notification and procedures set forth in this chapter and would be subject to the procedures and regulations related specifically to that subsequent permit; for example, Chapter 14.01 KCC for an application for building permit.
5. Administrative approvals which are categorically exempt from environmental review under SEPA (Chapter 43.21C RCW) and the city’s SEPA/environmental policy ordinance, Chapter 11.03 KCC, or for which environmental review has been completed in connection with other project permits.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 4044, § 4, 8-21-12; Ord. No. 4372, § 1, 10-20-20)
12.01.055 Fees.
The city council shall, by resolution, establish the fees to be assessed to implement and operate the regulations adopted in this chapter. The resolution may require that certain fees be pre-paid and/or designated to be nonrefundable because staff time and materials will be expended whether or not the permit applied for is approved by the city or pulled by the applicant. In the event of any conflict or ambiguity regarding any fees authorized under this chapter and established by council resolution, the planning director is authorized to interpret the fee schedule(s) to resolve that conflict or ambiguity.
(Ord. No. 4019, § 11, 12-13-11; Ord. No. 4372, § 1, 10-20-20)
12.01.060 Joint public hearings.
A. Planning director’s decision to hold joint hearing. The planning director may combine any public hearing on a project permit application with any hearing that may be held by another local, state, regional, federal, or other agency on the proposed action, as long as:
1. The other agency consents to the joint hearing;
2. The other agency is not expressly prohibited by statute from doing so;
3. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, ordinance, or rule;
4. The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the local government hearing; and
5. The hearing is held within the Kent city limits.
B. Applicant’s request for a joint hearing. The applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be held within the time periods set forth in this chapter. In the alternative, the applicant may agree to a particular schedule if additional time is needed in order to complete the hearings.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 4044, § 5, 8-21-12; Ord. No. 4372, § 1, 10-20-20)
12.01.070 Process VI legislative actions.
A. Legislative actions. The following process VI actions are legislative, and are not subject to the notification and procedural requirements in this chapter, unless otherwise specified:
1. Zoning newly annexed lands;
2. Area-wide rezones and zoning map amendments to implement city policies;
3. Comprehensive plan text amendments;
4. Comprehensive plan map amendments;
5. Development regulations and zoning text amendments; and
6. Other similar actions that are non-project related.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 4044, § 6, 8-21-12; Ord. No. 4372, § 1, 10-20-20)
12.01.080 Pre-application conference.
A. Applicability. The purpose of a pre-application conference is to provide city staff with a sufficient level of detail about a proposal prior to submittal of a project permit application so that the city staff can acquaint the applicant with the requirements of the Kent City Code. Pre-application conferences are encouraged for Process I, II, III, and IV permits which require environmental review and for projects that are complex or where applicants are unfamiliar with city codes, ordinances, and procedures.
B. Pre-application conference initiation. To initiate a pre-application conference, an applicant shall submit a completed form provided by the city and all information pertaining to the proposal as prescribed by administrative procedures of the planning services office. Failure to provide all pertinent information may prevent the city from identifying all applicable issues or providing the most effective pre-application conference.
C. Scheduling. A pre-application conference may be conducted at any point prior to application for a project permit. A pre-application conference shall be scheduled by the city at the time of submittal of a completed pre-application conference request. The pre-application conference shall be scheduled within 30 calendar days of the receipt of a completed request, or as soon as reasonably possible thereafter.
D. At the conference the applicant may request the following information be provided:
1. A form which lists the requirements of a complete project permit application;
2. A general summary of the procedures to be used to process the application;
3. The references to the relevant code provisions on development; and
4. The city’s design guidelines.
E. It is impossible for the conference to be an exhaustive review of all potential issues. The discussion at the conference or the information sent to the applicant under subsection (D) of this section shall not bind or prohibit the city’s future application or enforcement of the applicable law.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 4044, § 7, 8-21-12; Ord. No. 4372, § 1, 10-20-20)
12.01.090 Project permit applications.
A. Required materials. Applications for all project permits shall be submitted upon forms provided by the city, or submitted through the city’s designated online permitting system.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 4372, § 1, 10-20-20)
12.01.100 Submission and acceptance of application.
A. Determination of completeness. A project permit application submitted consistent with instructions for a complete application is deemed complete upon acceptance by the permit center. Such acceptance, or a determination of incompleteness as outlined in subsection (B) of this section, shall occur within 28 calendar days of application submittal in accordance with WAC 365-196-845(6).
Acceptance of a project permit application means that the application is sufficient for continued processing even though additional information may be required, or project modifications may be undertaken subsequently. Acceptance of a project permit application shall not preclude the city from requesting additional information or studies if new information is required or where there are substantial changes in the proposal.
B. Determination of incompleteness. The city shall notify the applicant within 28 calendar days of application submittal that the application is incomplete and what is necessary to make the application complete. The city shall have 14 calendar days to review the submittal of corrected information.
C. Project review. Following a determination that an application is complete, the city shall begin project review.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 4044, § 8, 8-21-12; Ord. No. 4372, § 1, 10-20-20)
12.01.105 Application vesting.
A project permit application shall vest upon acceptance of a complete project permit application, as defined in KCC 12.01.100; provided, that the applicant also includes a concurrent submittal of a fully completed application for any known code deviations or variances required for the proposed project. A project permit application that contains a knowing misrepresentation or an omission of material fact shall not vest any development rights. Vesting shall apply to land use regulations in effect on the land at the time a fully completed project permit application has been accepted as complete pursuant to KCC 12.01.100(A).
(Ord. No. 3574, § 3, 9-18-01; Ord. No. 4044, § 9, 8-21-12; Ord. No. 4372, § 1, 10-20-20)
12.01.110 Procedure for complete but incorrect applications.
A. Following submittal of a complete application and the commencement of project review, the city may make a determination in writing that some information is incorrect, and that corrected information be submitted. The applicant shall have up to 180 calendar days to submit corrected information (deemed the “resubmittal period”). The applicant shall submit concurrently all of the corrected information that was requested. The planning director may, in writing, extend the resubmittal period for up to an additional 180 days if the applicant can demonstrate a good faith effort to comply with the resubmittal request. Evidence of an applicant’s good faith efforts shall include the following:
1. Length of time since the initial permit application;
2. Time period the applicant had to submit corrected information;
3. Availability of necessary information;
4. Potential to provide necessary information within the extended resubmittal period;
5. Reason for the applicant’s delay; and
6. Applicant’s reasonable reliance on an expectation that the application would not expire.
The planning director may authorize additional time extensions of the resubmittal period in rare or unique circumstances when the inability of the applicant to comply within the resubmittal period is due solely to factors outside of the applicant’s control, including but not limited to unusual delay in obtaining permits or approvals from other agencies or jurisdictions.
B. If the corrected information is still not sufficient, the city shall notify the applicant in writing that the submitted information is incorrect, and the resubmittal period set forth in subsection (A) of this section shall be repeated. This process may continue until complete or corrected information is obtained.
C. If the applicant within the resubmittal period either refuses in writing to submit corrected information, does not submit the corrected information within the resubmittal period, or submits only a portion of the corrected information that was requested, the application shall lapse. This does not preclude the applicant from working with individual divisions of the city for informal review of a portion of the requested corrected information within the resubmittal period.
D. If the requested corrected information is sufficient, the city shall continue with project review, in accordance with the time calculation exclusions set forth in KCC 12.01.180.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 3914, § 1, 4-21-09; Ord. No. 4044, § 10, 8-21-12; Ord. No. 4372, § 1, 10-20-20)
12.01.115 Procedure for ready-to-issue permits.
A. Following the end of project review, the city will notify the applicant that the permit is ready to issue. The applicant shall have up to 180 calendar days to obtain the permit after notification that it is ready to issue (deemed the “period for permit pickup”). The planning director may, in writing, extend the period for permit pickup for up to an additional 180 days if the applicant can demonstrate a good faith effort to pick up the permit. Evidence of an applicant’s good faith efforts shall include the following:
1. Length of time since the initial permit application;
2. Reason for the applicant’s delay; and
3. Reasonable reliance on an expectation that the application would not expire.
The planning director may authorize additional time extensions of the period for permit pickup in rare or unique circumstances when the inability of the applicant to comply within the period for permit pickup is due solely to factors outside of the applicant’s control, including but not limited to unusual delay in obtaining permits or approvals from other agencies or jurisdictions.
B. If the applicant within the period for permit pickup either refuses in writing to pick up the permit or does not pick up the permit after notification by the city that the permit was ready to issue, the application shall lapse.
(Ord. No. 4044, § 11, 8-21-12; Ord. No. 4372, § 1, 10-20-20)
12.01.120 Referral and review of project permit applications.
Within 10 calendar days of accepting a complete application, the planning director shall do the following:
A. Transmit a copy of the application, or appropriate parts of the application, to each affected agency and city department for review and comment, including those responsible for determining compliance with state, federal, and county requirements. The affected agencies and city departments shall have 14 calendar days to comment. The referral agency or city department is presumed to have no comments if comments are not received within the specified time period. The planning director shall grant an extension of time only if the application involves unusual circumstances. Any extension shall only be for a maximum of three additional calendar days.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 4044, § 12, 8-21-12; Ord. No. 4372, § 1, 10-20-20)
12.01.125 Notification of proximity to agricultural resource lands.
For all plats, short plats, development permits, and substantial building permits for residential development activities on or within 500 feet of land designated as agricultural resource lands within the city of Kent, or the comparable land use designation within unincorporated King County, the city shall inform the project permit applicant of the proximity to agricultural resource lands on which commercial agricultural activities may occur that are not compatible with residential development for certain periods of limited duration.
(Ord. No. 3720, § 1, 11-2-04; Ord. No. 4044, § 13, 8-21-12; Ord. No. 4372, § 1, 10-20-20)
12.01.130 Public notice – Generally.
The available records of the King County assessor’s office shall be used for determining the property taxpayer of record. Addresses for mailed notice shall be obtained from the county’s real property tax records. All public notices shall be deemed to have been provided or received on the date the notice is deposited in the mail or personally delivered, whichever occurs first. Failure to provide the public notice as described in this chapter shall not be grounds for invalidation of any permit decision.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 4372, § 1, 10-20-20)
12.01.140 Notice of application.
A. Notice of application. A notice of application shall be issued for Process I and Process II permits requiring SEPA review, short plats, minor conditional use, shoreline substantial development permits, and all Process III and Process IV applications within 14 calendar days following submittal of a complete application; provided, that if any open record hearing is required for the requested project permit(s), the notice of application shall be provided at least 14 calendar days prior to the open record hearing. One notice of application will be done for all permit applications related to the same project at the time of the earliest complete permit application.
B. SEPA exempt projects. A notice of application shall not be required for project permits that are categorically exempt under SEPA, unless a public comment period or an open record predecision hearing is required.
C. Contents. The notice of application shall include:
1. The case file number(s), the date of application, and the date of the notice of application;
2. A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested by the review authority pursuant to RCW 36.70B.070 and WAC 173-27-180;
3. The identification of other permits not included in the application, to the extent known by the city;
4. The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed;
5. A statement of the limits of the public comment period, which shall be not less than 14 nor more than 30 calendar days following the date of notice of application, and statements of the right 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;
6. The tentative date, time, place, and type of hearing. The tentative hearing date is to be set at the time of the date of notice of the application;
7. A statement of the preliminary determination of consistency, if one has been made at the time of notice, and of those development regulations that will be used for project mitigation and of consistency as provided in KCC 12.01.150;
8. The name of the applicant or applicant’s representative and the name, address, and telephone number of a contact person for the applicant, if any;
9. A description of the site, including current zoning and nearest road intersections, reasonably sufficient to inform the reader of its location; and
10. Any other information determined appropriate by the city, such as a DS, if complete at the time of issuance of the notice of application, or the city’s statement of intent to issue a DNS pursuant to the optional DNS process set forth in WAC 197-11-355.
D. Mailing of notice of application. The city shall mail by hard copy or e-mail a copy of the notice of application to the following:
1. Agencies with jurisdiction; and
2. Any person who requests such notice in writing delivered to the planning services office; and
3. Applicant.
E. Public comment on the notice of application. All public comments received on the notice of application must be received by the planning services office by 4:30 p.m. on the last day of the comment period. Comments may be mailed, personally delivered, or sent electronically. Comments should be as specific as possible.
F. Posted notice of application. In addition to the mailed or emailed notice of application, the notice of application shall be posted on site for site-specific proposals, and on the city’s webpage. The applicant shall be responsible for posting the property for site-specific proposals with notice boards following specifications as provided by the city.
1. Posting. Posting of the property for site-specific proposals shall consist of one or more notice boards as follows:
a. A single notice board shall be placed by the applicant in a conspicuous location on a street frontage bordering the subject property.
b. Each notice board shall be visible and accessible for inspection by members of the public.
c. Additional notice boards may be required when:
i. The site does not abut a public road; or
ii. Additional public notice boards are required under other provisions of the Kent City Code; or
iii. The planning director determines that additional notice boards are necessary to provide adequate public notice.
d. Notice board requirements.
i. Specifications. Designed, constructed, and installed in accordance with specifications published by the city.
ii. Timing. The sign shall be posted by the applicant within five days of submittal of a complete application.
iii. Location. The sign shall be erected at the approximate midpoint of the site’s street frontage and within five feet of the front lot line, or as otherwise directed by the department for maximum visibility. View of the sign shall not be obstructed from the perspective of the abutting public right-of-way.
iv. Content. The sign shall convey project information as directed by the city.
v. Duration. The sign shall not be removed until the appeal periods for all land use permits relating to the project proposal have ended. Removal of the sign prior to the prescribed time frame may be cause for additional notice or an extended appeal period. The sign shall be removed within seven days following the end of the appeal period.
vi. Posting evidence. The applicant shall submit a signed affidavit that states the date and location of the posting, and a photograph of the posted sign that provides context of its location. This shall be provided to the city within 24 hours of posting.
vii. Maintenance. The applicant shall keep the sign maintained in good condition by the applicant during the notice period.
e. Notice boards that are removed, stolen, or destroyed prior to the end of the notice period may be cause for discontinuance of the departmental review until the notice board is replaced and remains in place for the specified time period. The city shall notify the applicant when it comes to their attention that notice boards have been removed prematurely, stolen, or destroyed.
f. SEPA information shall be added by the city to the posted sign within applicable deadlines. An affidavit of posting shall be submitted by the planning director.
G. Published notice of application. Published notice of application in the city’s official newspaper or an appropriate substitute as provided for in Resolution No. 1747 or as subsequently amended is required for Process I and II permits requiring SEPA review, short plats, minor conditional use, and Process III, IV, and V permits, except subdivision final plat applications. Published notice shall include at least the following information:
1. Project location;
2. Project description;
3. Type of permit(s) required;
4. Comment period dates; and
5. Location where the complete application and notice of the application may be reviewed.
H. Shoreline master program permits. Notice of the application for a permit under the purview of the city’s shoreline master program shall be given in accordance with the requirements of Chapter 11.04 KCC, the Kent shoreline master program and WAC 173-27-110.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3511, § 2, 5-16-00; Ord. No. 3574, § 3, 9-18-01; Ord. No. 4044, § 14, 8-21-12; Ord. No. 4372, § 1, 10-20-20)
12.01.145 Notice of open record hearing.
A. Notice of open record hearing for all types of applications. The notice given of an open record hearing required in this chapter shall contain:
1. The name of the applicant or the applicant’s representative;
2. Description of the affected property, which may be in the form of either a vicinity location sketch or written description, other than a legal description;
3. The date, time, and place of the hearing;
4. The nature of the proposed use or development;
5. A statement that all interested persons may appear and provide testimony;
6. When and where information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be submitted;
7. The name of a city representative to contact and the telephone number where additional information may be obtained;
8. That a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at the cost of reproduction; and
9. That a copy of the staff report will be available for inspection at no cost at least five calendar days prior to the hearing and copies will be provided at the cost provided for in the city’s public record disclosure policy.
B. Mailed notice of open record hearing. Mailed notice of the open record hearing shall be provided by the city in hard copy or e-mail as follows:
1. Process I, II, and V actions. No public notice is required because an open record hearing is not held. Shoreline permit notices shall be in accordance with the requirements of Chapter 11.04 KCC, the Kent shoreline master program and WAC 173-27-110.
2. Process III and IV actions. The notice of open record hearing shall be mailed to:
a. The applicant;
b. All owners of real property as shown by the records of the county assessor’s office within 300 feet of the subject property; and
c. Any person who submits written comments, delivered to the planning services office, regarding the project permit.
3. Process III preliminary plat actions. In addition to the general notice of open record hearing requirements for Process III actions above, additional notice shall be provided as follows:
a. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport shall be given to the Secretary of Transportation, who must respond within 15 calendar days of such notice.
b. Special notice of the hearing shall be given to adjacent land owners by any other reasonable method the city deems necessary. Adjacent land owners are the owners of real property, as shown by the records of the King County assessor, located within 300 feet of any portion of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under RCW 58.17.090(1)(b) shall be given to owners of real property located within 300 feet of such adjacently owned parcels.
4. Process VI actions. For Process VI legislative actions, the city shall publish notice as described in subsections (C) and (D) of this section, and use all other methods of notice as required by RCW 35A.12.160. For privately proposed amendments to the comprehensive plan land use map, notice of the open record hearing shall be mailed to:
a. The applicant;
b. All owners of real property as shown by the records of the county assessor’s office within 300 feet of the affected property; and
c. Any person who has requested notice.
For revised geographic scope of the privately proposed land use plan map amendments, notice of the open record hearing shall be given by notification of all property owners within the revised land use plan map amendment area.
C. Procedure for posted or published notice of open record hearing.
1. Posted notice of the open record hearing is required for all Process III and IV actions. The posted notice of hearing shall be added to the sign already posted on the property pursuant to KCC 12.01.140(F).
2. Published notice of the open record hearing is required for all Process III and IV actions. The published notice shall be published in the city’s official newspaper or appropriate substitute as provided for in Resolution No. 1747 or as subsequently amended and contain the following information:
a. Project location;
b. Project description;
c. Type of permit(s) required;
d. Date, time, and location of the hearing; and
e. Location where the complete application may be reviewed.
3. Published notice of the open record hearing is required for all Process VI actions. The notice shall be published in the city’s official newspaper or appropriate substitute as provided for in Resolution No. 1747 or as subsequently amended and shall contain the information required in subsection (C)(2) of this section.
D. Time of notice of open record hearing. Notice shall be mailed, posted and first published not less than 10 calendar days prior to the hearing date.
(Ord. No. 3574, § 3, 9-18-01; Ord. No. 3801, § 3, 6-6-06; Ord. No. 4044, § 15, 8-21-12; Ord. No. 4257, § 2, 11-21-17; Ord. No. 4372, § 1, 10-20-20)
12.01.147 Notice of city council meetings on project permit applications.
The city shall mail notice by hard copy or e-mail of city council meetings on Process IV and VI project permit applications to parties of record.
(Ord. No. 3801, § 4, 6-6-06; Ord. No. 4044, § 16, 8-21-12; Ord. No. 4372, § 1, 10-20-20)
12.01.150 Consistency with development regulations and SEPA.
A. Purpose. When the city receives a project permit application, consistency between the proposed project and the applicable regulations and comprehensive plan should be determined through the process in this chapter and the city’s adopted SEPA ordinance, Chapter 11.03 KCC.
B. Consistency. During project permit application review, the city shall determine whether the items listed in this section are defined in the development regulations applicable to the proposed project. In the absence of applicable development regulations, the city shall determine whether the items listed in this section are defined in the city’s adopted comprehensive plan. This determination of consistency shall include the following:
1. The type of land use permitted at the site, including uses that may be allowed under certain circumstances, if the criteria for their approval have been satisfied;
2. The level of development, such as units per acre, density of residential development in urban growth areas, or other measures of density;
3. Availability and adequacy of infrastructure, including public facilities and services identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW; and
4. Characteristics of the development, such as development standards.
5. In deciding whether a project is consistent, the determinations made pursuant to subsection (B) of this section shall be controlling.
6. Nothing in this section limits the city from asking more specific or related questions in subsections (B)(1) through (5) of this section.
C. Initial SEPA analysis. The city shall also review the project permit application under the requirements of the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, the SEPA Rules, Chapter 197-11 WAC, and Chapter 11.03 KCC.
1. This SEPA analysis shall:
a. Determine whether the applicable federal, state, and local regulations require studies that adequately analyze all of the project permit application’s specific probable adverse environmental impacts;
b. Determine if the applicable regulations require measures that adequately address such environmental impacts;
c. Determine whether additional studies are required and/or whether the project permit application should be conditioned with additional mitigation measures; and
d. Provide prompt and coordinated review by government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level.
2. In its review of a project permit application, the city may determine that the requirements for environmental analysis, protection, and mitigation measures in the applicable development regulations, comprehensive plan, and/or in other applicable local, state, or federal laws provide adequate analysis of and mitigation for the specific adverse environmental impacts of the application.
3. A comprehensive plan, development regulation or other applicable local, state, or federal law provides adequate analysis of and mitigation for the specific adverse environmental impacts of an application when:
a. The impacts have been avoided or otherwise mitigated; or
b. The city has designated as acceptable certain levels of service, land use designations, development standards, or other land use planning required or allowed by Chapter 36.70A RCW.
4. The city’s determination of consistency with the items identified in subsection (B) of this section shall not prohibit the city from denying, conditioning, or mitigating impacts due to other aspects of the project.
5. In its decision whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the city shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the city shall base or condition its project approval on compliance with these other existing rules or laws.
6. Nothing in this section limits the authority of the city in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by Chapter 43.21C RCW.
7. The city shall also review the application under Chapter 11.03 KCC, the city’s environmental policy provisions.
D. Categorically exempt actions. Actions categorically exempt under RCW 43.21C.110(1)(a) do not require environmental review or the preparation of an environmental impact statement. An action that is categorically exempt under the rules adopted by the Department of Ecology (Chapter 197-11 WAC) may not be conditioned or denied under SEPA.
E. Planned actions. A planned action does not require a threshold determination or the preparation of an environmental impact statement under SEPA, but is subject to environmental review and mitigation under SEPA.
1. A “planned action” means one or more types of project action that:
a. Are designated planned actions by an ordinance or resolution adopted by the city;
b. Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with:
i. A comprehensive plan or subarea plan adopted under Chapter 36.70A RCW; or
ii. A fully contained community, a master planned resort, a master planned development, or a phased project;
c. Are subsequent or implementing projects for the proposals listed in subsection (E)(1)(b) of this section;
d. Are located within an urban growth area, as defined in RCW 36.70A.030;
e. Are not essential public facilities, as defined in RCW 36.70A.200;
f. Are consistent with the city’s comprehensive plan adopted under Chapter 36.70A RCW.
2. The city shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than the jurisdictional boundaries of the city, and may limit a planned action to a time period identified in the environmental impact statement or in the ordinance or resolution designating the planned action under RCW 36.70A.040.
3. During project review, the city shall not re-examine alternatives or hear appeals on the items identified in subsection (B) of this section except for issues of code interpretation, the process for which is outlined in KCC 15.09.060.
4. Project review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, the payment of impact fees, or other measures to mitigate a proposal’s probable adverse environmental impacts.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 4372, § 1, 10-20-20)
12.01.155 Code of conduct.
A. General. The following shall apply to open record hearings in KCC 12.01.160, open record appeals in KCC 12.01.190, and the closed record appeals in KCC 12.01.195.
B. Conflict of interest. The hearing body shall be subject to the code of ethics and prohibitions on conflict of interest as set forth in RCW 35A.42.020 and Chapter 42.23 RCW, as the same now exists or may hereafter be amended.
C. Ex parte communications.
1. No member of the hearing body may communicate, directly or indirectly, regarding any issue in a proceeding before the hearing body, other than to participate in communications necessary to procedural aspects of maintaining an orderly process, unless the member provides notice and opportunity for all parties to participate; except as provided in this section:
a. The hearing body may receive advice from legal counsel; or
b. The hearing body may communicate with staff members (except where the proceeding relates to a code enforcement investigation or prosecution).
2. If, before serving as the hearing body in a quasi-judicial proceeding, any member of the hearing body receives an ex parte communication of a type that could not properly be received while serving, the member of the hearing body, promptly after starting to serve, shall disclose the communication as described in KCC 12.01.160(D)(3).
3. If the hearing body or a member of the hearing body receives an ex parte communication in violation of this section, the hearing body or member shall place on the record:
a. All written communications received;
b. All written responses to the communications;
c. The substance of all oral communications received and all responses made; and
d. The identity of each person from whom the hearing body received any ex parte communication.
The hearing body shall advise all parties that these matters have been placed on the record. Upon request made within 10 calendar days after notice of the ex parte communication, any party desiring to rebut the communication shall be allowed to place a rebuttal statement on the record.
D. Disqualification.
1. A member of the hearing body who is disqualified may be counted for purposes of forming a quorum. Any member who is disqualified may be counted only by making full disclosure to the audience, abstaining from voting on the disqualification, vacating the seat on the hearing body, and physically leaving the hearing.
2. If all members of the hearing body are disqualified, all members present after stating their reasons for disqualification shall be re-qualified and shall proceed to resolve the issues.
3. Except for Process VI actions, a member absent during the presentation of evidence in a hearing may not participate in the deliberations or decision unless the member has reviewed the evidence received.
12.01.160 Open record hearings.
A. General. Open record hearings shall be conducted in accordance with this section.
B. Responsibility of the planning director for hearing. The planning director shall:
1. Schedule an application for review and public hearing;
2. Notice (applicant responsible for some of the notice requirements);
3. Prepare the staff report on the application, which shall be a single report stating all of the decisions made as of the date of the report, including recommendations on project permits in the consolidated permit process that do not require an open record predecision hearing. The report shall state any mitigation required or proposed under the development regulations or the city’s authority under SEPA. If the threshold determination other than a determination of significance has not been issued previously by the city, the report shall include or append this determination. In the case of a Process I or II project permit application, this report may be the permit; and
4. Prepare the notice of decision, if required by the hearing body, and/or mail by hard copy or e-mail a copy of the notice of decision to those required by this code to receive such decision.
C. Burden and nature of proof. Except for Process VI actions, the burden of proof is on the proponent. The project permit application must be supported by proof that it conforms to the applicable elements of the city’s development regulations, comprehensive plan and that any significant adverse environmental impacts have been adequately addressed.
D. Order of proceedings. The order of proceedings for a hearing will depend in part on the nature of the hearing. The following shall be supplemented by administrative procedures as appropriate:
1. Before receiving information on the issue, the following shall be determined:
a. Any objections on jurisdictional grounds shall be noted on the record and, if there is objection, the hearing body has the discretion to proceed or terminate; and
b. Any abstentions or disqualifications shall be determined.
2. The presiding officer may take official notice of known information related to the issue, such as:
a. A provision of any ordinance, resolution, rule, officially adopted development standard, or state law; and
b. Other public records and facts judicially noticeable by law.
3. Matters officially noticed need not be established by evidence and may be considered by the hearing body in its determination. Parties requesting that a matter be officially noticed shall do so on the record; however, the hearing body, on its own accord, may take notice of matters listed in subsections (D)(1) and (D)(2) of this section if stated for the record. Any matter given official notice may be rebutted.
4. The hearing body may view the area in dispute with or without notification to the parties, but shall place the time, manner, and circumstances of such view on the record.
5. Information shall be received from the staff and from proponents and opponents. The presiding officer may approve or deny a request from a person attending the hearing to ask a question. Unless the presiding officer specifies otherwise, if the request to ask a question is approved, the presiding officer will direct the question to the person submitting testimony.
6. When the presiding officer has closed the public hearing portion of the hearing, the hearing body shall openly discuss the issue and may further question a person submitting information or the staff if opportunity for rebuttal is provided.
7. When the hearing body is unable to formulate a recommendation on a project permit, the hearing body may decide to forward the project permit to the city council to render a decision without a recommendation.
E. Recommendation/decision. The hearing body shall issue a recommendation or decision, as applicable, within 14 calendar days of the record being closed.
F. Reconsideration by hearing examiner. Reconsideration is not authorized for Process I and Process II applications. A party of record may ask for a reconsideration of a decision by the hearing examiner for a Process III action or a recommendation by the hearing examiner for a Process IV action. A reconsideration may be requested if either:
1. A specific error of fact or law can be identified; or
2. New evidence is available which was not available at the time of the hearing.
A request for reconsideration shall be filed by a party of record within five working days of the date of the initial decision/recommendation. Any reconsideration request shall cite specific references to the findings and/or criteria contained in the ordinances governing the type of application being reviewed. The hearing examiner shall promptly review the reconsideration request and within five working days issue a written response, either approving or denying the request. For purposes of rights to appeal pursuant to Chapter 36.70C RCW only, if a request for reconsideration is timely filed by a party of record, the decision of the hearing examiner is not final until after a decision on reconsideration is issued.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 4044, § 17, 8-21-12; Ord. No. 4372, § 1, 10-20-20)
12.01.170 Notice of decision.
A. Following a decision on a project permit by the applicable decision-maker, the city shall provide a notice of decision that also includes a statement of any threshold determination made under SEPA (Chapter 43.21C RCW) and the procedures for appeal.
B. The notice of decision shall be issued within 120 calendar days, as calculated by KCC 12.01.180, after the city notifies the applicant that the application is complete.
C. The notice of decision shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application.
D. Notice of the decision shall be provided to the public as set forth in KCC 12.01.145(B)(2)(a) and (c). Affected property owners may request a change in valuation for property tax purposes. The city shall provide notice of the decision to the county assessor’s office in which the property is located.
E. Pursuant to RCW 36.70B.140(1), building permits, grading permits, and civil construction permits are exempt from the requirements in subsections (C) and (D) of this section, except for notice to the applicant.
F. If the city is unable to issue its final decision on a project permit application within the time limits provided for in this chapter, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of decision.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 4372, § 1, 10-20-20)
12.01.180 Time limitations.
A. Calculation of time periods for issuance of notice of final decision. In determining the number of calendar days that have elapsed after the city has notified the applicant that the application is complete for purposes of calculating the 120-day time limit in KCC 12.01.170 for issuance of the notice of decision, the following periods shall be excluded:
1. Any period during which the applicant has been requested by the city to correct plans, perform required studies, provide additional required information, or otherwise required to act. The period shall be calculated from the date the city notifies the applicant of the need for additional information until the date the information has been provided to the city;
2. Any period during which the city determines that the information submitted by the applicant under KCC 12.01.100 and 12.01.110 is insufficient or incorrect and has requested the applicant to provide sufficient or correct information;
3. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW, if the city by ordinance has established time periods for completion of environmental impact statements, or if the city and the applicant in writing agree to a time period for completion of an environmental impact statement;
4. Any period for administrative appeals of project permit applications, if an open record appeal hearing or a closed record appeal, or both, are allowed. The time period for consideration and decision on appeals shall not exceed:
a. Ninety calendar days for an open record appeal hearing; or
b. Sixty calendar days for a closed record appeal.
The parties may agree to extend these time periods; and
5. Any extension of time mutually agreed upon by the applicant and the city.
B. Time limit exceptions. The time limits established in this section do not apply if a project permit application:
1. Requires an amendment to the comprehensive plan or a development regulation;
2. Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200; or
3. Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete pursuant to KCC 12.01.100.
C. Failure to meet time limit. If the city is unable to issue its final decision within the time limits provided in this chapter, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of a final decision. The city is not liable for damages due to the city’s failure to make a final decision within the time limits established in this chapter.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 4044, § 18, 8-21-12; Ord. No. 4372, § 1, 10-20-20)
12.01.185 Expiration of permits.
A. Absent statute or ordinance provisions to the contrary, Process I and II project permit applications listed in KCC 12.01.050 that are not subject to the notification and procedural requirements of this chapter and for which no substantial steps have been taken to meet approval requirements including permit issuance or final decision for a period of 365 days after submittal of the initial application will expire and become null and void. The application and instruction forms will reference the expiration standards of this section, where applicable. Substantial steps include, but are not limited to, due diligence in submitting complete and correct resubmittals or due diligence in satisfying the requirements for recordation of lot line adjustments. The planning director may grant a 180-day extension in writing on a one-time basis if the failure to take a substantial step was due to circumstances beyond the control of the applicant. Provisions of this section do not exempt the city from the time periods for actions under RCW 36.70B.080 and KCC 12.01.180.
B. Absent statute or ordinance provisions to the contrary, permits or land use approvals listed in KCC 12.01.040 for which the use is not begun or the work is not completed within 365 days after permit issuance or final decision will expire and become null and void. The issued permit or land use approvals will clearly state this requirement for expiration, where applicable. The planning director may grant a 180-day extension in writing on a one-time basis if the failure to begin the use or complete the work was due to circumstances beyond the control of the applicant.
C. Site plan review approvals will expire and become null and void 180 days after approval unless:
1. Project permit applications for development of a substantial portion of the site plan remain valid; or
2. Project permits for development of a substantial portion of the site plan remain valid.
D. The planning director may authorize additional time extensions in rare or unique circumstances when the delay is outside of the applicant’s control, including but not limited to unusual delay in obtaining permits or approvals from other agencies or jurisdictions.
(Ord. No. 4044, § 19, 8-21-12; Ord. No. 4372, § 1, 10-20-20)
12.01.190 Open record appeal.
A. This section allows for open record appeals as provided in the framework in KCC 12.01.040. Open record appeals are heard by the hearing examiner.
B. Consolidated appeals.
1. All open record appeals on a project permit application decision, other than an appeal of determination of significance (DS), shall be considered together in a consolidated open record appeal.
2. Appeals of environmental determinations under SEPA, Chapter 11.03 KCC, including administrative appeals of a threshold determination, shall proceed as provided in that chapter.
C. Initiation of appeal. Only parties of record may initiate an appeal on a project permit application.
D. Time to file. An appeal must be filed within 14 calendar days following issuance of the notice of decision. Appeals must be delivered to the planning services office by mail, personal delivery, or received by fax before 4:30 p.m. on the last business day of the appeal period.
E. Computation of time. For the purposes of computing the time for filing an appeal, the day the notice of 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, then it also is excluded and the filing must be completed on the next business day (RCW 35A.28.070).
F. Content of appeal. Appeals shall be in writing, be accompanied by an appeal fee as set by the city council, and contain the following information:
1. Appellant’s name, address, and phone number;
2. Appellant’s statement describing appellant’s standing to appeal;
3. Identification of the application which is the subject of the appeal;
4. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based;
5. The relief sought, including the specific nature and extent; and
6. A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature.
G. Effect. The timely filing of an appeal shall stay the effective date of the decision until such time as the appeal is adjudicated by the hearing examiner.
H. Notice of appeal. Public notice of the appeal shall be given as provided in KCC 12.01.145(B)(2)(a) and (c).
I. Burden of proof. The burden of proof is on the appellant.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 3600 § 1, 5-7-02; Ord. No. 4372, § 1, 10-20-20)
12.01.195 Closed record appeal.
A. This section shall allow for closed record appeals as provided in the framework of KCC 12.01.040. A closed record appeal hearing shall be on the record before the hearing body and no new evidence may be presented, unless the new evidence is limited to information that could not have been placed on the record previously.
B. Administrative appeals. Only parties of record may initiate an administrative appeal on a project permit application.
C. Time to file. An appeal must be filed within 14 calendar days following issuance of the notice of decision. Appeals must be delivered to the planning services office by mail, personal delivery, or electronically before 4:30 p.m. on the last business day of the appeal period.
D. Computation of time. For the purposes of computing the time for filing an appeal, the day the notice of decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, or a day designated by RCW 1.16.050 or by the city’s ordinances as a legal holiday; then it also is excluded and the filing must be completed on the next business day (RCW 35A.21.080).
E. Content of appeal. Appeals shall be in writing on forms provided by the city, be accompanied by an appeal fee as set by the city council, and contain the following information:
1. Appellant’s name, address, and phone number;
2. Appellant’s statement describing appellant’s standing to appeal;
3. Identification of the application which is the subject of the appeal;
4. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based;
5. The relief sought, including the specific nature and extent; and
6. A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature.
F. Effect. The timely filing of an appeal shall stay the effective date of the decision until such time as the appeal is adjudicated by the hearing examiner or city council.
G. Order of proceedings. The closed record appeal shall only be open for oral argument by the parties to the appeal.
H. Burden of proof. The burden of proof is on the appellant.
(Ord. No. 3574, § 3, 9-18-01; Ord. No. 3801, § 5, 6-6-06; Ord. No. 4044, § 20, 8-21-12; Ord. No. 4372, § 1, 10-20-20)
12.01.200 Judicial appeals.
A. Appeal. The city’s final decision or appeal decision on a Process I, II, III, IV, or V application may be appealed by a party of record with standing to file a land use petition in King County superior court.
B. Petition period. A land use petition must be filed within 21 calendar days of issuance of the notice of decision or appeal decision.
C. Filing and content of a land use petition. A land use petition shall be filed according to the procedural standards outlined in Chapter 36.70C RCW, Judicial Review of Land Use Decisions, also known as the “Land Use Petition Act.”
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 4372, § 1, 10-20-20)