20F.30.30 Type I Review: Minor Administrative Decisions.

20F.30.30-010 Purpose.

A Type I review is an administrative review and decision by the appropriate department or division. These are applications which are categorically exempt from review under the State Environmental Policy Act (SEPA) or permits for which environmental review has been completed in connection with another application. Type I reviews are exempt from the procedures of RCDG 20F.30.25, Timeframes for Review. (Ord. 2164; Ord. 2118)

20F.30.30-015 Type I Review Decision-Maker and Appeal Body.

(1) Decisions on Type I applications are made by the appropriate department director or designee. Appeals of Type I decisions are made to the appropriate appeal body. The decision-maker and designated appeal body for each application reviewed as a Type I are indicated in the table in subsection (2) of this section.

(2) Type I Decision-Maker and Appeal Body.


Application	Decision-Maker (Department)	Appeal Body
Administrative Interpretation	Planning	Hearing Examiner
Certificate of Appropriateness, Level I	Planning	Hearing Examiner
Christmas Tree Lot	Planning	Hearing Examiner
Home Business	Planning	Hearing Examiner
Lot Line Revision	Planning	Hearing Examiner
Sign Permit	Planning	Hearing Examiner
Sign Program	Planning	Hearing Examiner
Shoreline Exemption	Planning	Hearing Examiner
Telecommunication Facility	Planning	Hearing Examiner
Temporary Use (short-term)	Planning	Hearing Examiner
Tree Removal	Planning	Hearing Examiner
Building Permit	Building	Hearing Examiner
Electrical Permit	Building	Hearing Examiner
Mechanical Permit	Building	Hearing Examiner
Plumbing Permit	Building	Hearing Examiner
Fire Protection Permit	Fire	Hearing Examiner
Hazardous Materials Permit	Fire	Hearing Examiner
UFC Permit	Fire	Hearing Examiner
Clearing and Grading	Public Works	Hearing Examiner
Floodplain Development Permit	Public Works	Hearing Examiner
Hazardous Materials Inventory Statement	Public Works	Hearing Examiner
Hazardous Materials Management Plan	Public Works	Hearing Examiner
Hydrant Permit	Public Works	Hearing Examiner
Performance Standards in Wellhead Protection Zones	Public Works	Hearing Examiner
Right-of-Way Use Permit	Public Works	Hearing Examiner
Sewer Permit	Public Works	Hearing Examiner
Special Event Permit	Public Works	Hearing Examiner
Street Use Permit	Public Works	Hearing Examiner
Structure Movement Permit (Class I, II, III)	Planning	Hearing Examiner
Structure Movement Permit (Class IV)	Public Works	Hearing Examiner
Water Permit	Public Works	Hearing Examiner

(Ord. 2180; Ord. 2164; Ord. 2160; Ord. 2118)

20F.30.30-020 Application Submittal.

Application forms and submittal requirements for each of the Type I permits shall be prepared and maintained by the department responsible for issuing the decision on the application. Applications shall be submitted to the appropriate department. (Ord. 2118)

20F.30.30-023 Public Notification.

Class I and II structure movement permits require a notice of moving. At least 10 days but not more than 15 days in advance of the move, the following requirements shall be met:

(1) Mailing. A notice of moving shall be mailed to residents on properties adjoining the destination site. The applicant shall provide mailing labels to the administering department.

(2) Posting. A notice of moving shall be posted on the destination site. Posting on the destination site shall be the applicant’s responsibility.

(3) Notice Contents. At a minimum, the public notification shall include:

(a) File number and project description;

(b) Name and address of the applicant;

(d) Proposed date and time period of move; and

(e) Type of building. (Ord. 2160)

20F.30.30-025 Technical Committee/Design Review Board Consultation.

Any application may be forwarded to the Technical Committee and/or Design Review Board for consultation. The decision-making authority for the application remains with the department director as set forth in RCDG 20F.30.30-015(2). (Ord. 2118)

20F.30.30-030 Administrative Decision.

A written record of the Type I decision shall be prepared in each case. The record may be in the form of a staff report, letter, the permit itself, or other written document and shall indicate whether the application has been approved, approved with conditions, or denied. The department decision shall be based on the applicable Redmond Community Development Guide or other adopted uniform code and shall include any conditions to ensure consistency with the development regulations. The applicant shall be notified of the final decision. All other decisions are final upon expiration of any applicable appeal period, or if appealed, on the date of the appeal body’s final decision on the application. See RCDG 20D.150-200-030(7)(a) for decisions on shoreline exemptions. (Ord. 2486; Ord. 2118)

20F.30.30-035 Termination of Approval.

(1) Approval of the Type I application shall expire one year from the date approval was final unless significant action proposed in the application has been physically commenced and remains in progress.

(2) The period may be extended on a yearly basis by the approval authority upon showing proper justification. Proper justification consists of one or more of the following conditions:

(a) Economic hardship;

(b) Change of ownership;

(d) Other circumstances beyond the control of the applicant determined acceptable by the Technical Committee.

(3) Once the time period and any extensions have expired, preliminary approval shall terminate and the application is void and deemed withdrawn. (Ord. 2118)

20F.30.30-040 Appeal of Administrative Decision.

(1) If a Type I decision has an administrative appeal available as set forth in RCDG 20F.30.30-015(2), the following procedures shall be followed:

(a) Who May Appeal. The project applicant or any person who submitted written comments prior to the date the decision was issued may appeal the decision.

(b) Form of Appeal. A person appealing a Type I decision must submit a completed appeal form which sets forth:

(i) Facts demonstrating that the person is adversely affected by the decision;

(ii) A concise statement identifying each alleged error and the manner in which the decision fails to satisfy the applicable decision criteria;

(iii) The specific relief requested; and

(iv) Any other information reasonably necessary to make a decision on the appeal.

(c) Time to Appeal. The written appeal and the appeal fee, if any, must be received by the Redmond Permit Center no later than 5:00 p.m. on the fourteenth day following the date of the decision of the department. (Ord. 2118)

20F.30.30-050 Notice of Appeal.

If a Type I decision is appealed, a hearing before the designated appeal body (as established in the table in RCDG 20F.30.30-015(2)) shall be set and notice of the hearing shall be mailed to the appellant, the applicant, and all parties of record by the applicable department director. Notice shall be mailed no less than 14 days prior to the appeal hearing, except that if the Type I decision has been consolidated with a recommendation on a Type III or IV application, any appeal of the Type I decision shall be consolidated with the Type III or IV public hearing. No separate notice of a Type I appeal need be provided if the public hearing has already been scheduled for the Type III or IV component of an application. (Ord. 2118)

20F.30.30-060 Hearing Examiner Public Hearing.

The Hearing Examiner shall conduct an open record hearing on a Type I appeal. The appellant, the applicant, and the City shall be designated parties to the appeal. Each party may participate in the appeal hearing by presenting testimony or calling witnesses to present testimony. Interested persons, groups, associations, or other entities who have not appealed may participate only if called by one of the parties to present information, provided that the Examiner may allow nonparties to present relevant testimony if allowed under the Examiner rules of procedure. (Ord. 2118)

20F.30.30-070 Hearing Examiner Decision on Appeal.

(1) Within 14 days after the close of the record for the Type I appeal, the Hearing Examiner shall issue a written decision to grant, grant with modifications, or deny the appeal. The Hearing Examiner may grant the appeal or grant the appeal with modification if:

(a) The appellant has carried the burden of proof; and

(b) The Examiner finds that the Type I decision is not supported by a preponderance of the evidence.

(2) The Hearing Examiner shall accord substantial weight to the decision of the applicable department director.

(3) Reconsideration Period. Any person who participated in the hearing may file a written request with the Hearing Examiner for reconsideration within 10 business days of the date of the Hearing Examiner’s decision. The request shall explicitly set forth alleged errors of procedure or fact. The Hearing Examiner shall act within 14 days after the filing of the request for an appeal by either denying the request, issuing a revised decision, or calling for an additional public hearing. (Ord. 2118)

20F.30.30-075 Appeal of Hearing Examiner Decision on Appeal.

(1) A Hearing Examiner decision on a Type I appeal may be appealed to the City Council as follows:

(a) Who May Appeal. The project applicant or any person who participated in the public hearing as provided for in RCDG 20F.30.30-060 or by the applicant or the City.

(b) Form of Appeal. A person appealing a Hearing Examiner decision on a Type I appeal must file at the Redmond Permit Center a completed appeal form, including a written statement of the findings of fact or conclusions which are being appealed.

(c) Time and Place to Appeal. The appeal form, the written statement of appeal, and the appeal fee, if any, must be received by the Redmond Permit Center no later than 5:00 p.m. on the fourteenth day following the expiration of the reconsideration period.

(d) Hearing Required. The City Council shall conduct a closed record appeal hearing in order to decide upon an appeal of the appeal decision of the Hearing Examiner. The decision on any such appeal shall be made within such time as is required by applicable State law.

(e) Public Notice of Appeal Hearing.

(i) Contents of Notice. The Administrator shall prepare a Notice of Appeal Hearing containing the following:

(A) The name of the appellant, and, if applicable, the project name, and

(B) The street address of the subject property and a description in nonlegal terms sufficient to identify its location, and

(D) The date, time, and place of the appeal hearing before the City Council.

(ii) Time and Provision of Notice. The Administrator shall mail the Notice of Appeal Hearing on an appeal of the appeal decision of the Hearing Examiner no less than 14 days prior to the appeal hearing to each person entitled to participate in the appeal pursuant to subsection (f)(i).

(f) Closed Record Hearing on Appeal to City Council.

(i) Who May Participate. The applicant, the appellant, the applicable department director, or representatives of these parties may participate in the appeal hearing.

(ii) How to Participate. A person entitled to participate may participate in the appeal hearing by:

(A) Submitting written argument on the appeal to the City Clerk no later than the date specified in the City Council’s rules of procedure; or

(B) Making oral argument on the appeal to the City Council at the appeal hearing. Argument on the appeal is limited to information contained in the record developed before the Hearing Examiner and must specify the findings or conclusions which are the subject of the appeal, as well as the relief requested from the Council.

(iii) Hearing Record. The City Council shall make an electronic sound recording of each appeal hearing.

(iv) Testimony. Testimony or other evidence and information not presented to the Hearing Examiner shall not be considered. The decision by the City Council shall be made only on the basis of facts presented at the hearing. If the City Council finds there is good reason to take additional evidence, the Council may remand the matter for reconsideration by the Hearing Examiner in light of the additional information.

(v) Decision. When the City Council has not conducted a public hearing it shall uphold the decision of the Hearing Examiner unless, based upon the record of the Hearing Examiner’s proceedings, it is determined that the Hearing Examiner’s decision is clearly erroneous.

(g) City Council Decision on Appeal.

(i) Criteria. The City Council may grant the appeal or grant the appeal with modifications if the appellant has carried the burden of proof and City Council finds that the decision of the Hearing Examiner is not supported by a preponderance of the evidence. In all other cases, the appeal shall be denied. The City Council shall accord substantial weight to the decision of the Hearing Examiner.

(ii) Conditions. The City Council may impose conditions as part of the granting of an appeal or granting of an appeal with modification to ensure conformance with the criteria under which the application was made.

(iii) Findings. The City Council shall adopt findings and conclusions which support its decision on the appeal.

(iv) Required Vote. A vote to grant the appeal or grant the appeal with modifications must be by a majority vote of the membership of the City Council. A tie vote shall be decided by the vote of the Mayor. Any other vote constitutes denial of the appeal. (Ord. 2118)

20F.30.30-080 Appeal of City Council Decision.

A final decision by the City Council on an appeal of a Type I appeal may be appealed to Superior Court by filing a land use petition which meets the requirements set forth in Chapter 36.70C RCW. The petition must be filed and served upon all necessary parties as set forth in State law and within the 21-day time period as set forth in RCW 36.70C.040. Requirements for fully exhausting City administrative appeal opportunities must be fulfilled. (Ord. 2118)

20F.30.30-090 Time Period to Complete Appeal Process.

In all cases, except where the parties to an appeal have agreed to an extended time period, the administrative appeal process generally shall be completed within 90 days from the date the original administrative appeal period closed. The administrative appeal process shall be deemed complete on the date of issuance of the Hearing Examiner’s decision or the City Council’s decision on the appeal. (Ord. 2118)

20F.30.30-100 Commencement of Activity.

Some construction activity may commence prior to the conclusion of an appeal. See RCDG 20F.30.60-030(2), Effect of Appeal. (Ord. 2118)

20F.30.30-110 Modification or Addition to an Approved Project or Decision.

See RCDG 20F.40.25, Administrative Modifications. (Ord. 2118)

20F.30.30-120 Revocation.

(1) The Administrator may determine that any approved permit should be revoked upon a finding that one or more of the following conditions exist:

(a) The permit was issued in error; or

(b) Approval of the permit was obtained by misrepresentation of material fact; or

(2) Except as provided in subsection (3) of this section, the Administrator shall provide the property owner and permit applicant at least 21 days’ written notice of the Administrator’s intent to revoke the permit. Revocation will automatically occur upon the date specified by the notice unless the property owner or permit holder files an appeal as provided in the appropriate section of this title. If an appeal is filed, revocation shall not take place unless and until the appeal is concluded and then only if the decision of the Administrator is upheld, provided that at the request of the Administrator, and after notice and opportunity to be heard has been provided, the Hearing Examiner may issue an order at any time during the appeal proceedings to require that the property owner or permit applicant cease the use or activity for which the permit was approved pending conclusion of the appeal, if the Hearing Examiner determines that the Administrator’s decision is likely to be upheld and that irreparable harm will likely result if the use or activity is not ceased.

(3) The Administrator may revoke a permit on less than 21 days’ notice or upon no notice at all if, but only if, the property owner’s or permit holder’s continued activities will result in imminent danger to person or property or otherwise create irreparable harm. In the event of such an extraordinary situation, the property owner or permit holder may file an appeal of the revocation and seek an expedited appeal hearing. Such an expedited hearing shall take place at the earliest opportunity and shall be given priority over any other matter on the Hearing Examiner’s schedule that may be legally delayed. (Ord. 2118)