Chapter 18.150 LAND USE PROCEDURES

Chapter 18.150
LAND USE PROCEDURES

Sections:

18.150.010 Purpose and applicability.

18.150.020 Authority to interpret chapter and development regulations.

18.150.030 Application types and classification.

18.150.040 Days.

18.150.050 Application submittal – Determination of completeness.

18.150.060 Notice of application for Types II, III, and IV applications.

18.150.070 Notice of public hearing.

18.150.080 Notice of decision on Type II, III, and IV applications.

18.150.090 Type I procedure – Ministerial decisions with no environmental review required.

18.150.100 Type II procedure – Administrative decisions with environmental review.

18.150.110 Type III procedure – Quasi-judicial decisions of the planning commission and city council.

18.150.120 Type IV procedure – Quasi-judicial decisions by the city council.

18.150.130 Type V procedure – Legislative decisions.

18.150.140 Appeals of Type I and Type II decisions.

18.150.010 Purpose and applicability.

This chapter describes how the city of Normandy Park will process the land use and development applications described herein. Any conflicts between the requirements and procedures set forth in this chapter and any other requirement or procedure set forth in the Normandy Park Municipal Code shall be resolved in favor of this chapter to the extent consistent with state law. (Ord. 924 § 1, 2015).

18.150.020 Authority to interpret chapter and development regulations.

The city manager or his or her designee shall have the authority to issue formal written interpretations of the provisions of this chapter and the city’s development regulations, including but not limited to the provisions of NPMC Titles 9, 12, 13, 16, 17, and 18. (Ord. 924 § 1, 2015).

18.150.030 Application types and classification.

(1) Applications for permits and approvals described in this chapter shall be classified as Type I, Type II, Type III, Type IV, Type V, or exempt permits. Table 18.150.030(4) classifies those permits and approvals required by the Normandy Park Municipal Code and specifies the review authority.

(2) Unless otherwise required by law, where the city must approve more than one application for a given development to proceed, all applications required may be submitted for review at one time. Where more than one application is submitted for a given development, all applications shall be processed using the highest-number procedure (excluding Type V procedures) that applies to any of the applications. Type V actions are not subject to this subsection. Where a Type I, II, III, or IV permit requires a Type V approval in order to proceed, e.g., a rezone that requires a comprehensive plan amendment, the Type V approval must be obtained prior to submittal of the Type I, II, III, or IV permit application.

(3) If Table 18.150.030(4) does not expressly provide for review using one of the five types of procedures, and another procedure is not required by law or by ordinance, the city manager or his or her designee shall classify the application as one of the permit types according to the following guidelines and principles:

(a) The act of classifying an application shall be a Type I permit action.

(b) Questions about what procedure is appropriate shall be resolved in favor of the type providing the greatest notice and opportunity to participate.

(c) The city manager or his or her designee shall consider the following guidelines when classifying the procedure type for an application:

(i) A Type I permit involves an application that is subject to clear, objective and nondiscretionary standards or standards that require the exercise of professional judgment about technical issues, and that is exempt from SEPA review. The decision maker is the building official, the planning manager, or the city manager.

(ii) A Type II permit involves an application that is subject to objective and subjective standards that require the exercise of discretion about nontechnical issues and about which there may be a limited public interest. The decision maker is the city manager.

(iii) A Type III permit involves a quasi-judicial application that is subject to standards that require the exercise of substantial discretion and about which there may be a broad public interest. The decision maker is the hearing examiner, except that the planning commission is the decision maker for Tier 2 design review permits.

(iv) A Type IV permit also involves a quasi-judicial application that is subject to standards that require the exercise of substantial discretion and about which there may be a broad public interest. The planning commission makes a recommendation to the city council and the city council is the decision maker.

(v) A Type V permit is a legislative action that involves the creation, implementation or amendment of policy or law by ordinance. The planning commission makes a recommendation to the city council and the city council is the decision maker. References to a Type V action being a permit or requiring an application are not intended to imply that the action is a “project permit” or that a “project permit application” within the meaning of RCW 36.70B.020 is required, nor is it intended to imply that such an action is appealable under the Land Use Petition Act, Chapter 36.70A RCW.

(vi) An exempt permit involves an application for which a unique process is described in statute or ordinance or that the Normandy Park city council has decided to exclude from the processes set forth in this chapter pursuant to RCW 36.70B.140. Permits or approvals to use, vacate or transfer streets, public rights-of-way, parks and similar types of public property are exempt from RCW 36.70B.160 through 36.70B.180 and 36.70B.110 through 36.70B.130.

(4) The following table identifies and classifies the land use and development actions required by the city:

Table 18.150.030(4)
		Permit Type
Permit/Activity	Review Authority	Exempt	I	II	III	IV	V
Binding site plan	HE				X
Building permit	BO		X
Clearing, grading and filling permit – Exempt from SEPA review	CM		X
Clearing, grading and filling permit – Subject to SEPA review	CM			X
Comprehensive plan amendment	PC/CC						X
Conditional use permit	HE				X
Cottage housing subdivision	PC/CC					X
Critical areas, single-family residence administrative exception	CM			X
Critical areas, reasonable use exception	HE				X
Demolition permit	BO		X
Design review permit, Tier 1	CM		X
Design review permit, Tier 2	PC				X
Disability reasonable accommodation	CM	X
Disability reasonable accommodation – revocation	CM		X
Drainage code variance	HE				X
Electrical permit	BO		X
Essential public facility, local	CC	X
Essential public facility, regional	CC	X
Fence variance	CM		X
Flood hazard development permit	CM			X
Flood hazard variance	HE				X
Home occupations that meet the requirements of NPMC 18.200.030(1)	CM		X
Home occupations that do not meet the requirements of NPMC 18.200.030(1)	CM			X
Interpretations	CM		X
Landmark designations	CC	X
Lot line adjustment	CDD		X
Mechanical or gas piping permit	BO		X
Moving permit (for transporting building)	BO		X
Open space (RCW 84.34.030)	CC					X
Planned residential development – preliminary plan	PC/CC					X
Planned residential development – final plan	PC/CC	X
Plumbing permit	BO		X
Property maintenance code decisions	BO		X
Rezone, area-wide	PC/CC						X
Rezone, site specific	PC/CC					X
Right-of-way use permit	CDD		X
SEPA determinations that are not consolidated with a hearing or appeal on the underlying action (WAC 197-11-680(3))	CM			X
Shoreline permits (shoreline substantial development, shoreline conditional use, shoreline variance)	HE				X
Short subdivision (4 or fewer lots)	CDD		X
Short subdivision alterations and vacations – no public dedication	CDD		X
Short subdivision alterations and vacations – with public dedication	CC	X
Sign permit	CDD		X
Subdivision (5 or more lots) – preliminary plat	HE				X
Subdivisions – final plat	CC	X
Subdivision alterations and vacations	CC	X
Temporary use permit	CM		X
Title deviations (Titles 10 and 17)	CC	X
Variance	HE				X
Zoning code amendment	PC/CC						X

KEY:
BO:	Building Official
CC:	City Council
CDD:	Community Development and Parks Director (formerly Planning Manager)
CM:	City Manager or designee
HE:	Hearing Examiner
PC:	Planning Commission

(5) Whenever the Normandy Park Municipal Code refers to the “planning manager,” the reference shall be taken to mean the community development and parks director or his or her designee. (Ord. 980 § 2, 2018; Ord. 954 § 2, 2017; Ord. 953 § 1, 2017; Ord. 924 § 1, 2015).

18.150.040 Days.

As used in this chapter, the term “days” means calendar days. In computing any time prescribed by this chapter, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a city holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday, or a city holiday. City holidays are described in RCW 1.16.050. (Ord. 924 § 1, 2015).

18.150.050 Application submittal – Determination of completeness.

(1) Applications for Type I, II, III, and IV permits or approvals described in this chapter shall be submitted on forms approved by the city manager or his or her designee. An application shall contain and consist of all materials required by the city’s development regulations, and shall include, at a minimum, the following:

(a) A completed project permit application form;

(b) A verified statement by the applicant that the property affected by the application is owned exclusively by the applicant or that the applicant has submitted the application with the consent of all owners of the affected property;

(d) The applicable fee;

(e) Evidence of adequate water supply as required by RCW 19.27.097 for applications proposing development for which water is required; and

(f) Evidence of sewer availability or approved septic system design for applications proposing development for which sewage disposal is required.

(2) Within 28 days after receiving a project permit application for a Type II, III, or IV application, the city shall notify the applicant in writing of a determination which states either:

(a) That the application is complete; or

(b) That the application is incomplete and what is necessary to make the application complete. If the determination is that the application is incomplete, the notification shall be sent to the applicant by certified mail, return receipt requested, in addition to by regular mail. The failure or refusal of the applicant to sign for or pick up the certified mail shall not affect the validity of the determination or notification or operate to extend the time period for completing the application as provided in subsection (5) of this section.

If the consolidated review process set forth in NPMC 18.150.030(2) applies, the determination of completeness shall include all project permits being reviewed through the consolidated permit review process.

(3) If the city fails to provide the applicant with written notice of completeness or incompleteness as provided in subsection (2) of this section within the 28-day period, the application shall be deemed complete; provided, that this shall not prohibit the city from requesting additional information or studies whenever such information is necessary in order to determine whether the application meets the criteria for approval.

(4) To the extent known by the city, other agencies with jurisdiction over the project shall be identified in the determination of completeness.

(5) Whenever the applicant receives a determination from the city that a Type II, III, or IV application is incomplete, the applicant shall have 90 days or such greater time as may be specified by the city in order to submit the necessary information. If the applicant fails to submit the requested information within the allowed time, the application shall expire and become null and void. If the applicant submits the requested information, the city shall, within 14 days of receipt, make a determination of completeness and notify the applicant in the matter provided in subsection (2) of this section.

(6) For purposes of the processing timelines provided in this chapter, an application for a Type II, III, or IV permit or approval shall not be deemed accepted by the city and the timelines shall not begin to run until the application is determined or deemed to be complete. When an application is found to be complete, the city manager or his or her designee shall note the date of acceptance for continued processing. (Ord. 924 § 1, 2015).

18.150.060 Notice of application for Types II, III, and IV applications.

(1) A notice of application shall be issued by the city manager or his or her designee on all Type II, III, and IV applications. The notice of application shall be issued within 14 days after the application is determined or deemed to be complete and shall contain the following information:

(a) The file number(s), the date of application, the date the application was determined or deemed complete, and the date of the notice of application;

(b) A description of the proposed project action and a list of project permits included with the application and, if applicable, a list of any further studies requested by the city;

(c) The identification of other permits required for the project but not included in the application, to the extent known by city staff;

(d) Identification of any existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed;

(e) A statement of the public comment period, which shall be not less than 14 nor more than 30 days following the date of the notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision once made, and any appeal rights;

(f) The date, time, place and type of hearing, if applicable and if a hearing has been scheduled when the notice of application is issued;

(g) A statement of the preliminary determination, if one has been made at the time of the notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.70B.040;

(h) 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;

(i) A description of the site reasonably sufficient to inform the reader of its location;

(j) The name and telephone number of a city staff member to contact about the application; and

(k) Any other information deemed appropriate by the city.

(2) The city manager or his or her designee shall mail a copy of the notice of application to:

(a) The applicant or the applicant’s representative;

(b) Owners of property within a radius of 300 feet of the property that is the subject of the application, as shown by the records of the King County assessor, or within such larger radius as the city manager or his or her designee determines will provide reasonable notice to those owners of property who may be affected by the proposal; and

(3) The notice of application shall be published in the city’s official newspaper.

(4) The notice of application shall be posted in three conspicuous locations within the city.

(5) The notice of application shall be posted on a signboard on the property which is the subject of the application. The size and location of the signboard shall be such as the city manager or his designee determines will reasonably notify the public of the hearing.

(6) The notice of application shall be posted on the city’s website.

(7) If the SEPA responsible official has made a threshold determination concurrently with the notice of application, the notice of application shall be combined with the threshold determination. If the threshold determination is a determination of significance, the scoping notice for the determination of significance shall be combined with the notice of application. (Ord. 924 § 1, 2015).

18.150.070 Notice of public hearing.

(1) Whenever a public hearing is required on a permit or approval governed by this chapter, the notice of public hearing shall contain the following information:

(a) The file number(s) of the application, if applicable;

(b) The name of the applicant or the applicant’s representative and the name, address and telephone number of a contact person for the applicant, if any;

(c) For site-specific applications, a description of the site reasonably sufficient to inform the reader of its location;

(d) A map depicting the property that is the subject of the application in relation to other properties;

(e) A summary of the proposed application;

(f) The place, days, and times where information about the application may be examined and the name and telephone number of the city staff member to contact regarding the application;

(g) A statement that the purpose of the notice is to invite interested parties to provide comments orally or in writing at the hearing and that persons who present such comments at the hearing or while the record remains open after the hearing and who are aggrieved by the decision may appeal; and

(h) The designation of the review authority and the date, time, and place of the hearing.

(2) The public hearing notice shall be:

(a) Published in the city’s official newspaper at least 14 days in advance of the public hearing; and

(b) For site-specific proposals, mailed to the applicant and all owners of property within 300 feet of the property that is the subject of the application at least 14 days in advance of the public hearing. The notice to the applicant shall be sent by certified mail, in addition to by regular mail. The failure or refusal of the applicant to sign for or pick up the certified mail shall not affect the validity of the hearing notice or operate to extend the hearing date; and

(c) For site-specific proposals, posted on one or more signboards on or adjacent the property that is the subject of the application at least 14 days in advance of the public hearing. The signboards shall be of such number, size, and location as the city manager or his designee determines will reasonably notify the public of the hearing; and

(d) Posted on the city’s website.

(3) When a hearing is continued, a notice of continuance shall be conspicuously posted on or near the door of the place where the hearing was held. No additional notice of the continued hearing is required. (Ord. 924 § 1, 2015).

18.150.080 Notice of decision on Type II, III, and IV applications.

(1) The city shall issue a notice of final decision on all Type II, III, and IV applications within 120 days after issuance of a determination of completeness; provided, that the time period for issuance of a final decision on a preliminary plat shall be 90 days, for a final plat 30 days, and for a short plat 30 days.

(2) In calculating the time period for issuance of the notice of final decision, the following periods shall be excluded:

(a) Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide additional information;

(b) Any period during which an environmental impact statement (EIS) is being prepared pursuant to Chapter 43.21C RCW and Chapter 13.12 NPMC;

(c) Any period for consideration and issuance of a decision on an administrative appeal of a Type II or III decision, which shall not be more than 90 days for open record appeals and 60 days for closed record appeals, unless a longer period is agreed to by the city manager or his or her designee and the applicant;

(d) Any extension of time mutually agreed to in writing by the city manager or his or her designee and the applicant.

(3) The time limits established in this section do not apply if an application:

(a) Requires an amendment to the comprehensive plan or a development regulation;

(b) Requires siting approval of an essential public facility as provided in RCW 36.70A.200 and Chapter 18.34 NPMC; or

(c) Is revised by the applicant so substantially that the nature and kind of the proposed development is changed, in which case the time period shall start from the date that a determination of completeness is made for the revised application.

(4) The notice of decision shall include:

(a) A list of all project permits included in the decision, including all permits being reviewed through the consolidated permit review process provided in NPMC 18.150.030(2);

(b) A date and description of the decision;

(d) The procedures for administrative appeal, if any;

(e) A statement that the affected property owners may request a change in property tax valuation notwithstanding any program of revaluation by contacting the King County assessor;

(f) The duration of permit approval, if a specific duration is provided;

(g) A statement that the complete project permit file, including any findings, conclusions and conditions of approval, is available for review. The notice of decision shall list the place the file is available and the name and telephone number of the city staff member to contact about reviewing the file;

(h) The notice of decision may be a copy of the project permit decision; provided, that the decision includes the items required by this subsection.

(5) The notice shall be mailed 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. The notice of decision shall also be mailed to the King County assessor’s office. The notice to the applicant shall be sent by certified mail, return receipt requested, in addition to by regular mail. The failure or refusal of the applicant to sign for or pick up the certified mail shall not affect the validity of the decision or notice or operate to extend the time period for any appeal.

(6) All notices of decision shall be posted on the city’s website. (Ord. 924 § 1, 2015).

18.150.090 Type I procedure – Ministerial decisions with no environmental review required.

(1) The review authority for an application subject to a Type I procedure shall approve, approve with conditions, or deny the application. The decision shall be based on the criteria for such applications set forth in the applicable section of the NPMC. Type I decisions shall be made within 30 days of the city’s receipt of a complete application, unless additional information is requested by the city or unless the applicant consents in writing to a longer period.

(2) Any party aggrieved by a Type I decision may appeal the same to the Normandy Park hearing examiner by filing a written notice of appeal with the city clerk and by paying the appeal filing fee specified in the city’s fee resolution within 14 days from the date the notice of decision is issued. Appeals shall be conducted as provided in NPMC 18.150.140.

(3) All decisions are final upon expiration of the appeal period or, if appealed, upon the date of issuance of the hearing examiner’s final decision on the appeal. Appeal decisions of the hearing examiner on Type I decisions may be appealed to the King County superior court as provided in the Land Use Petition Act, Chapter 36.70C RCW. (Ord. 924 § 1, 2015).

18.150.100 Type II procedure – Administrative decisions with environmental review.

(1) A notice of application shall be issued for all applications subject to a Type II procedure consistent with the requirements of NPMC 18.150.060. The review authority shall consider the comments received in response to the notice of application in making a decision on the application.

(2) Environmental review of applications subject to a Type II procedure is required. The review authority shall consider the environmental review conducted for the application in making a decision on the application.

(3) The review authority for an application subject to a Type II procedure shall approve, approve with conditions, or deny the application. The decision shall be based on the criteria for such applications set forth in the applicable section of the NPMC. Notice of Type II decisions shall be issued within the time period prescribed in NPMC 18.150.080.

(4) Any party aggrieved by a Type II decision may appeal the same to the Normandy Park hearing examiner by filing a written notice of appeal with the city clerk and by paying the appeal filing fee specified in the city’s fee resolution within 14 days from the date the notice of decision is issued. Except as provided in WAC 197-11-680(3), any appeal of a threshold determination or the adequacy of an EIS prepared for the application shall be consolidated with the appeal hearing on the Type II decision. The procedure for filing and hearing SEPA appeals is found in Chapter 13.20 NPMC and must be met in order for the SEPA appeal to be consolidated with the appeal of the Type II decision. All appeals shall be conducted as provided in NPMC 18.150.140.

(5) All decisions are final upon expiration of the appeal period or, if appealed, upon the date of issuance of the hearing examiner’s final decision on the appeal. Appeal decisions of the hearing examiner on Type II applications may be appealed to the King County superior court as provided in the Land Use Petition Act, Chapter 36.70C RCW. (Ord. 924 § 1, 2015).

18.150.110 Type III procedure – Quasi-judicial decisions of the planning commission and city council.

(1) Applications subject to the Type III procedure involve quasi-judicial decisions in which a decision is made by the planning commission or hearing examiner after a public hearing is conducted. A quasi-judicial decision is one which determines the legal rights, duties, or privileges of specific parties based upon the evidence received in a public hearing.

(2) A notice of application shall be issued for all applications subject to a Type III procedure consistent with the requirements of NPMC 18.150.060. The review authority shall consider the comments received in response to the notice of application in making a decision on the application.

(3) Environmental review of applications subject to a Type III procedure is required. The environmental review conducted for the application shall be considered in making a decision on the application.

(4) A public hearing is required for all applications subject to a Type III procedure. Notice of the public hearing shall be provided as set forth in NPMC 18.150.070.

(5) All Tier 2 design review permit decisions shall require one open record hearing before the Normandy Park planning commission. All persons who wish to testify or to submit written evidence or information regarding the application shall be allowed to do so at the open record hearing and the hearing shall be used to create the city’s record on the application. Upon completion of the public hearing on a Tier 2 design review permit, the planning commission shall adopt written findings and conclusions and render a final decision approving, approving with conditions, or denying the application.

(6) All Type III applications other than Tier 2 design permit applications shall require one open record public hearing before the Normandy Park hearing examiner. All persons who wish to testify or to submit written evidence or information regarding the application shall be allowed to do so at the open record hearing and the hearing shall be used to create the city’s record on the application. Upon completion of the public hearing, the hearing examiner shall adopt written findings and conclusions and render a final decision approving, approving with conditions, or denying the application.

(7) Except as provided in WAC 197-11-680(3), any appeal of a threshold determination or the adequacy of an EIS prepared for the application shall be consolidated with the open record hearing on the Type III decision. The procedure for filing and hearing SEPA appeals is found in NPMC 13.12.200 and must be complied with in order for the SEPA appeal to be consolidated with the open record hearing on the Type III application.

(8) All decisions of the planning commission on a Tier 2 design review permit may be appealed to the hearing examiner. The hearing examiner shall consider the appeal in a closed record proceeding at which no new evidence may be submitted and the parties are limited to making oral or written argument based on the record established before the planning commission. The hearing examiner shall uphold the decision of the planning commission unless the appellant proves that the decision was not supported by substantial evidence or was clearly erroneous.

(9) Notice of Type III decisions shall be issued within the time period prescribed in NPMC 18.150.080.

(10) All decisions of the hearing examiner on Type III applications, including decisions on appeals of Tier 2 design permits, may be appealed to the King County superior court as provided in the Land Use Petition Act, Chapter 36.70C RCW, except that decisions on shoreline substantial development permits, shoreline conditional use permits, and shoreline variances shall be appealed to the Washington State Shoreline Hearings Board as provided in the Shoreline Management Act, Chapter 90.58 RCW, and not directly to court. (Ord. 924 § 1, 2015).

18.150.120 Type IV procedure – Quasi-judicial decisions by the city council.

(1) Applications subject to the Type IV procedure involve quasi-judicial decisions in which a recommendation is made by the planning commission after a public hearing is conducted, and a final decision is made by the city council. A quasi-judicial decision is one which determines the legal rights, duties, or privileges of specific parties based upon the evidence received in a public hearing.

(2) A notice of application shall be issued for all applications subject to a Type IV procedure consistent with the requirements of NPMC 18.150.060. The review authority shall consider the comments received in response to the notice of application in making a decision on the application.

(3) Environmental review of applications subject to a Type IV procedure is required. The environmental review conducted for the application shall be considered in making a decision on the application.

(4) A public hearing is required for all applications subject to a Type IV procedure. Notice of the public hearing shall be provided as set forth in NPMC 18.150.070.

(5) All Type IV applications shall require one open record hearing before the Normandy Park planning commission. All persons who wish to testify or to submit written evidence or information regarding the application shall be allowed to do so at the open record hearing and the hearing shall be used to create the city’s record on the application. Upon completion of the public hearing on a Type IV application, the planning commission shall adopt written findings and conclusions and make a recommendation to the city council for approval, approval with conditions, or denial of the application.

(6) The city council shall consider the planning commission’s recommendation in a closed record public meeting at which no new evidence may be submitted and the parties are limited to making oral or written argument based on the record established before the planning commission. The city council may accept the planning commission’s recommendation or the council may take alternative action based upon the record made before the planning commission. If the city council accepts the recommendation of the planning commission, it may adopt the planning commission’s findings and conclusions or it may make its own findings and conclusions based on the record made before the planning commission. If the city council decides not to accept the recommendation of the planning commission, it shall make its own findings and conclusions in support of its decision.

(7) Except as provided in WAC 197-11-680(3), any appeal of a threshold determination or the adequacy of an EIS prepared for the application shall be consolidated with the open record hearing on the Type IV decision. The procedure for filing and hearing SEPA appeals is found in NPMC 13.12.200 and must be complied with in order for the SEPA appeal to be consolidated with the open record hearing on the Type IV application.

(8) Notice of Type IV decisions shall be issued within the time period prescribed in NPMC 18.150.080.

(9) All decisions of the city council on Type IV applications may be appealed to the King County superior court as provided in the Land Use Petition Act, Chapter 36.70C RCW. (Ord. 924 § 1, 2015).

18.150.130 Type V procedure – Legislative decisions.

(1) The Type V procedure applies to all legislative land use actions creating, implementing or amending policies or development regulations by ordinance.

(2) Environmental review of actions subject to a Type V procedure is required. The environmental review conducted for the action shall be considered in making a decision on the action. Except as provided in WAC 197-11-680, any appeal of a threshold determination or the adequacy of an EIS prepared for the action shall be consolidated with the open record hearing on the Type IV action. The procedure for filing and hearing SEPA appeals is found in Chapter 13.20 NPMC and must be met in order for the SEPA appeal to be consolidated with the open record hearing on the Type V action.

(3) At the outset of any Type V process, the Normandy Park city council shall adopt a public participation plan that meets the requirements of the Growth Management Act and, if the action involves shoreline policies or regulations, that meets the requirements of the Shoreline Management Act. All Type V actions shall require at least one open record public hearing before the Normandy Park planning commission and may involve an additional public hearing or hearings before the Normandy Park city council. All persons who wish to testify or to submit written evidence or information regarding the action shall be allowed and encouraged to do so at the open record hearing(s) and the public hearing(s) shall be part of the city’s record concerning the action. Upon completion of any and all public hearings before the planning commission, the commission shall forward its recommendation on the action to the Normandy Park city council. The city council shall consider the planning commission’s recommendation and may elect to hold an additional hearing or hearings on the action. The council may accept the planning commission’s recommendation or the council may take alternative action. If the council decides to consider any change to the planning commission’s recommendation that would require an additional public hearing under RCW 36.70A.035, the council will hold such a hearing. If the council decides to take any action, it shall do so by ordinance.

(4) All decisions of the city council on Type V actions may be appealed to the Growth Management Hearings Board as provided in the Growth Management Act, Chapter 36.70A RCW. (Ord. 924 § 1, 2015).

18.150.140 Appeals of Type I and Type II decisions.

(1) An appeal of a Type I or Type II decision shall be considered timely only if it is filed in writing with the city clerk with the appeal fee paid within 14 days of the date the notice of decision was issued. All appeals that do not meet the requirements of this section shall be dismissed by the hearing examiner.

(2) The appeal shall be made on a form provided by the city manager or his or her designee and shall contain all of the following information:

(a) The file number designated by the city for the Type I or Type II application and the name of the applicant; and

(b) The name and signature of each appellant. If multiple parties file a single appeal, the appeal shall designate one party as the contact representative for all contact with city staff; and

(c) The specific aspect(s) of the decision and/or SEPA determination being appealed, the reasons why the decision is alleged to be in error as a matter of fact or law as to each such aspect, and the evidence or factual information relied upon to prove the error.

(3) The hearing examiner shall hear appeals of Type I and Type II decisions in an open record public hearing. The appeal shall be limited to the issues raised by the appellants in the written appeal filed under subsection (2) of this section. Notice of the appeal hearing shall be mailed to all parties who were entitled to receive the notice of decision, except for the county assessor, but the notice shall not be posted or published. Only the applicant, the appellant, and the city may present evidence on the appeal. All testimony at the hearing shall be taken under oath and the city shall provide for a taped or written transcript.

(4) The hearing examiner shall issue a written decision on the appeal supported by written findings and conclusions. The hearing examiner may, based on the record made during the course of the public hearing:

(a) Uphold the decision of the review authority (or SEPA responsible official) in its entirety;

(b) Uphold the decision of the review authority (or SEPA responsible official) in part and reverse the decision in part; or

(5) The hearing examiner shall uphold the decision of the review authority unless the appellant proves that the decision was not supported by substantial evidence or was clearly erroneous. Notice of the hearing examiner’s decision shall be given as provided in NPMC 18.150.080. The city manager or his or her designee shall be responsible for mailing the notice of decision.

(6) All decisions of the hearing examiner on appeals of Type I and Type II applications may be appealed to the King County superior court as provided in the Land Use Petition Act, Chapter 36.70C RCW. (Ord. 924 § 1, 2015).