Chapter 25.23
APPEALS

Sections:

25.23.010    Decisions to be appealed.

25.23.020    Who may request an appeal.

25.23.030    Filing of appeal.

25.23.040    Hearing on appeal.

25.23.050    Notice of appeal hearing.

25.23.060    Participation in appeal.

25.23.070    Staff report.

25.23.080    Hearing and decision on appeal.

25.23.010 Decisions to be appealed.

The concurrency test decision of the public works official may be appealed under this chapter, except that the appeal cannot be for the following reasons:

(1)    The methodology of the concurrency test in the comprehensive plan and in this title is incorrect;

(2)    The adopted level of service established in the comprehensive plan is incorrect; and

(3)    A provision of this title is incorrect or invalid. (Ord. 3830 § 1 (part), 2002)

25.23.020 Who may request an appeal.

Only the following may appeal:

(1)    The applicant or authorized agent of the property owner;

(2)    Any agency with jurisdiction; and

(3)    Any individual or other entity who is specifically and directly affected by the proposed development. (Ord. 3830 § 1 (part), 2002)

25.23.030 Filing of appeal.

(1)    The appeal must be filed with the public works official within fourteen calendar days of the issuance of a concurrency test notice.

(2)    The appeal must be in writing and designated as a “notice of appeal,” and must contain a brief and concise statement of the matter being appealed, the specific components or aspects of the decision that are being appealed, the basic rationale or contentions on appeal, and a statement demonstrating standing to appeal. The appeal may also contain whatever supplemental information the appellant wishes to include.

(3)    The burden of proof shall be on the applicant or agent to show that the decision of the public works official was in error.

(4)    The notice of appeal shall be accompanied by the appeal and fee established in Chapter 5.74. (Ord. 4509 § 17, 2015: Ord. 3830 § 1 (part), 2002)

25.23.040 Hearing on appeal.

Appeals will be heard at the open record hearing for the underlying development or building permit and decided upon by the hearing body that will hear the underlying development or building permit using the provisions of Sections 25.23.060 through 25.23.080. If a development or building permit does not include an open record public hearing, the appeal will be heard and decided upon by the hearing examiner using the provisions of Sections 25.23.060 through 25.23.080. (Ord. 3830 § 1 (part), 2002)

25.23.050 Notice of appeal hearing.

(1)    The public works official shall prepare a notice of the appeal containing the following:

(a)    The file number and a brief written description of the matter being appealed;

(b)    A statement of the scope of the appeal including a summary of the specific factual findings and conclusions disputed in the notice of appeal;

(c)    The time and place of the public hearing on the appeal before the hearing body;

(d)    A statement of who may participate in the appeal; and

(e)    A statement of how to participate in the appeal.

(2)    At least fourteen calendar days before the hearing on the appeal, the public works official shall send a copy of the notice to the applicant or authorized agent and the person filing the notice of appeal.

(3)    The notice of appeal may be combined with the hearing notice for the underlying development permit or SEPA appeal, if applicable. (Ord. 3830 § 1 (part), 2002)

25.23.060 Participation in appeal.

Only those persons entitled to appeal the concurrency test decision under Section 25.23.020 may participate in the appeal in the following ways:

(1)    The applicant or authorized agent may submit a response letter to the hearing body at least fourteen calendar days before the hearing; and

(2)    The applicant and any person or any agency entitled to appeal the concurrency test decision may appear in person or through a representative at the appeal hearing and submit oral or written testimony directly to the hearing body. The hearing body may reasonably limit the extent of the oral testimony to facilitate the orderly and timely conduct of the hearing. (Ord. 3830 § 1 (part), 2002)

25.23.070 Staff report.

(1)    The public works official shall prepare a staff report containing the following:

(a)    The concurrency test decision;

(b)    The notice of appeal;

(c)    The applicant’s written response, if submitted; and

(d)    An analysis of the specific factual findings and conclusions disputed in the notice of appeal.

(2)    The staff report may be combined with the staff report on the underlying development permit, building permit or SEPA appeal, if applicable.

(3)    At least seven calendar days before the hearing, the public works official shall send copies of the staff report as follows:

(a)    To the hearing body;

(b)    To the applicant; and

(c)    To the appellant. (Ord. 3830 § 1 (part), 2002)

25.23.080 Hearing and decision on appeal.

(1)    The hearing body shall hold a public hearing on the appeal, which shall be limited to the matters raised in the notice of appeal.

(2)    All testimony shall be taken under oath.

(3)    The hearing body shall make a complete electronic sound recording of the hearing.

(4)    The hearing body may continue the hearing if, for any reason, it has not heard all testimony or needs more information within the scope of the appeal. If, during the hearing, the hearing body announces the time and place of the continued hearing on the matter, no further notice of that hearing need be given.

(5)    The hearing body shall consider all information and material within the scope of the appeal submitted and testified to by persons entitled to participate in the appeal. Based on the findings and conclusions, the hearing body shall, within eight calendar days after the public hearing, issue a written decision either:

(a)    Affirming the decision;

(b)    Reversing the decision; or

(c)    Modifying the decision.

(6)    The decision of the public works official shall accord substantial weight. If the hearing body reverses or modifies the decision, it shall provide new findings and conclusions to support the reversed or modified decision.

(7)    If the hearing body concludes that the record compiled by the public works official is incomplete or inadequate for the hearing body to make a decision on the appeal, the hearing body may remand the matter to the public works official with direction to provide more information and supplemental findings and conclusions on the matter or matters specified in the remand. The remand shall be limited to the scope of the issues to be considered. The public works official shall respond to the remand in writing within twenty-eight calendar days of the date of issuance of the remand. The time limits and other pertinent requirements of this section shall apply to the remand and final decision of the hearing body.

(8)    The decision of the hearing body shall be the final decision on any appeal of a concurrency test decision.

(9)    The hearing body shall send the decision within four calendar days of its issuance:

(a)    To the applicant;

(b)    To the appellant;

(c)    To all other persons or agencies who provided oral or written testimony at the hearing; and

(d)    To the public works official. (Ord. 3830 § 1 (part), 2002)