20F.30.35 Type II Review: Administrative, Technical Committee/Design Review Board/Landmark Commission Decisions.

20F.30.35-010 Purpose.

A Type II review is an administrative review and decision by the Technical Committee and, if required, by the Design Review Board or the Landmark Commission. Except for Certificates of Appropriateness, public notification is provided at the application and decision stages of the review. Appeals of Type II decisions are made to the Hearing Examiner. The purpose of this section is to provide the step-by-step procedures for reviewing, notifying, and appealing permits requiring Type II review. (Ord. 2164; Ord. 2118)

20F.30.35-015 Overview of Type II Review.

(1) This section contains the procedures the City will use in processing Type II applications except for Certificates of Appropriateness procedures. This process begins with a complete application, followed by notice to the public of the application and a public comment period.

(2) If required by the State Environmental Policy Act, a threshold determination will be issued by the responsible official. The threshold determination shall be issued prior to the issuance of the Technical Committee/Design Review Board decision on the application. If the optional determination of nonsignificance (DNS) process is used, the preliminary DNS is issued early and the comment period is combined with Notice of Application. The final DNS, under the optional DNS process, is issued with the Notice of Final Decision. If a determination of significance (DS) is issued and an environmental impact statement (EIS) is required, the EIS will be completed prior to issuance of the Technical Committee/Design Review Board decision. If the requirement to prepare an EIS or a supplemental EIS is appealed by the applicant, that appeal will also be resolved prior to issuance of the Technical Committee/Design Review Board decision.

(3) Upon completion of the Technical Committee/Design Review Board reviews, a written report will be issued which will set forth a decision to approve, approve with modifications, or deny the application. The report will also include a final City decision on any threshold determination.

(4) The decision of the Technical Committee, Design Review Board, or Landmark Commission is appealable to the Hearing Examiner. The Hearing Examiner action deciding the appeal and approving, approving with modifications, or denying a project is the final City decision on a Type II application. The Hearing Examiner decision on the appeal is appealable to Superior Court. (Ord. 2164; Ord. 2118)

20F.30.35-020 Notice of Application.

(1) Notice of application for Type II permits shall be provided within 14 days of the determination of completeness pursuant to RCDG 20F.30.25, Timeframes for Review, except for Certificates of Appropriateness. Notice shall be provided as indicated in subsection (2) of this section.

(2) Notice of Application Requirements of Type II Review.


Permit	Mail	Post
Administrative Design Flexibility	X	X
Administrative Modification	X	X
Binding Site Plan	X	X
Shoreline Substantial Development	X	X
Short Plat	X	X
Site Plan Entitlement	X	X
Special Use	X	X
Master Planned Development for any of the applicable above	X	X
Type I Permits requiring SEPA

(3) Mailed Notice.

(a) Mailings shall include a mailed Notice of Application to owners of real property within 500 feet of the project site, or 20 property owners (whichever is greater), including the following information:

(i) The date of application and the date of the Notice of Application;

(ii) 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 under RCW 36.70B.070;

(iii) The identification of other permits not included in the application, to the extent known by the City;

(iv) 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;

(v) A statement of the limits of the public comment period;

(vi) A statement 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;

(vii) The date, time, place, and type of meeting, if applicable, and if it is scheduled at the date of notice of the application;

(viii) 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;

(ix) A map depicting the boundaries of the project site and, when applicable, a site map showing the proposal;

(x) Any other information determined appropriate by the City, such as the City’s SEPA threshold determination, if complete at the time of issuance of the Notice of Application;

(xi) Shoreline Substantial Development Permits. See also RCDG 20D.150.200-030(6)(b) for additional requirements.

(b) Mailings shall also include the mailed Notice of Application including at least the information required in subsection (3)(a) of this section to each person who has requested such notice.

(c) No proceeding of any procedure established in this chapter shall be found to be invalid for failure to provide mailed notice as required in this section as long as the other methods of notice have met their respective requirements and there was a good faith attempt to comply with the mailed notice requirements.

(d) The records of the King County Assessments Department shall be used for determining the property owner of record. Addresses for a mailed notice required by this code shall be obtained from the King County real property tax records. The approval authority shall issue a certificate of mailing to all persons entitled to notice under this chapter. The approval authority may provide notice to other persons than those required to receive notice under the code.

(e) 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.

(4) Posted Notice.

(a) At least one public notice board shall be posted on the site or in a location immediately adjacent to the site that provides visibility to motorists using adjacent streets. The Administrator shall establish standards for size, color, layout, design, wording and placement of the notice boards.

(b) A public notice shall also be posted at a designated location within City Hall and at least one other public building, such as the library, post office, or community center.

(5) Responsibility for Notice. The Code Administrator is responsible for providing published legal notices, mailed notice, and posted notice in public buildings. The applicant is responsible for complying with on-site posted notice requirements. (Ord. 2486; Ord. 2447; Ord. 2164; Ord. 2118)

20F.30.35-030 Minimum Comment Period.

(1) The Notice of Application shall provide a minimum comment period of 14 days. All comments received on the Notice of Application must be received in the Redmond Permit Center by 5:00 p.m. on the last day of the comment period. Comments may be mailed, personally delivered or sent by facsimile. The Technical Committee’s decision on a Type II application shall not be issued prior to the expiration of the minimum comment period.

(2) Comments should be submitted to the Technical Committee as early in the review of an application as possible and should be as specific as possible.

(3) If the optional DNS process is used, as described in RCDG 20F.30.35-040, the Administrator shall combine the Notice of Application and DNS comment periods. When a final DNS is issued, there is no additional comment period.

(4) The Technical Committee may accept and respond to public comments at any time prior to making the Type II decision.

(5) Shoreline Substantial Development Comment Period. See RCDG 20D.150.200-030(6)(b). (Ord. 2486; Ord. 2118)

20F.30.35-040 Environmental Review.

(1) Threshold Determinations. The Administrator shall issue the threshold determination after the minimum comment period for the Notice of Application and prior to the decision on the application. The threshold determination shall be mailed and posted in the same manner as the Notice of Application. The threshold determination shall also be sent to agencies with jurisdiction and the Washington State Department of Ecology. There is a 14-day comment period. Any comments received shall be addressed in the Technical Committee decision on the application which shall include the final threshold determination (DNS or DS).

(2) Optional DNS Process. For projects that have few or no impacts, a preliminary DNS may be issued with the Notice of Application. The comment period for the DNS and the Notice of Application shall be combined. The Notice of Application shall state that the City expects to issue a DNS for the proposal and that this may be the only opportunity to comment on the environmental impacts of the proposed project. After the close of the comment period, the Technical Committee shall review any comments and issue the final DNS in conjunction with the decision on the application.

(3) Determination of Significance. If a determination of significance (DS) is issued, and an environmental impact statement (EIS) is required, the EIS will be completed prior to issuance of the Technical Committee/Design Review Board decision. If the requirement to prepare an EIS or a supplemental EIS is appealed by the applicant, that appeal will also be resolved prior to issuance of the Technical Committee/Design Review Board decision. (Ord. 2118)

20F.30.35-050 Technical Committee Decision.

A written record of the Type II 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 Technical Committee decision shall be based on the applicable Redmond Community Development Guide (RCDG) regulations and shall include any conditions to ensure consistency with the development regulations. The decision is final upon expiration of any applicable appeal period or, if appealed, on the date of the Hearing Examiner’s final decision on the appeal. (Ord. 2164; Ord. 2118)

20F.30.35-060 Design Review Board Decision.

When design review is required, the Design Review Board decision shall be included in the same staff report, letter, permit or other written document that contains the Technical Committee decision. (Ord. 2164; Ord. 2118)

20F.30.35-065 Landmark Commission Decision.

Except for properties covered by the interlocal agreement with King County for preservation services, when a review of a Certificate of Appropriateness is required, the Landmark Commission decision shall be included in the same staff report, letter, permit or other written document that contains the Technical Committee decision. (Ord. 2164)

20F.30.35-070 Notice of Decision.

The Administrator shall mail notice of the Technical Committee/Design Review Board/Landmark Commission decision and the SEPA determination, if any, to the applicant and to each person who submitted comments during the public comment period or at any time prior to issuance of the decision. The Notice of Decision shall include a statement of any threshold determination made under SEPA (Chapter 43.21C RCW) and the procedures for administrative appeal, if any. For those project permits subject to SEPA, the Notice of Decision on the issued permit shall contain the requirements set forth in RCDG 20F.20.40, Environmental Review. The exception shall be for decisions on those properties governed by King County interlocal agreement for preservation services. Notice procedures for those can be found in King County Code Chapter 20.62. See RCDG 20D.150.200-030(6)(b) for Shoreline Substantial Development Permits. (Ord. 2486; Ord. 2164; Ord. 2118)

20F.30.35-075 Termination of Approval.

(1) Approval of the Type II 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.

(4) See RCDG 20D.150.200-030(9) for Shoreline Substantial Development Permits. (Ord. 2486; Ord. 2118)

20F.30.35-080 Appeal of Type II, Technical Committee and/or Design Review Board/Landmark Commission Decisions.

(1) Type II decisions, except for shoreline permits, may be appealed as follows:

(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 II 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 publication of the decision of the Technical Committee/Design Review Board Decision.

(2) Shoreline Permit Appeals. See RCDG 20D.150.200-030(6)(b). (Ord. 2486; Ord. 2164; Ord. 2118)

20F.30.35-090 Notice of Appeal Hearing.

If a Type II decision is appealed, a hearing before the City Hearing Examiner shall be set and notice of the hearing shall be provided in the same manner as was done for the Notice of Decision; except that if the Type II decision has been consolidated with a recommendation on a Type III or IV application, any appeal of the Type II decision shall be consolidated with the Type III or IV public hearing. No separate notice of a Type II appeal will be provided if a public hearing has already been scheduled for the Type III or IV component of an application. (Ord. 2118)

20F.30.35-100 Hearing Examiner Public Hearing on Appeal.

The Hearing Examiner shall conduct an open record hearing on a Type II 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’s rules of procedure. (Ord. 2118)

20F.30.35-110 Hearing Examiner Decision on Appeal.

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

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

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

(2) 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.30.35-120 Appeal of Hearing Examiner Decision on Appeal.

(1) A Hearing Examiner decision on a Type II 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.30.35-100 or by the applicant or the City.

(b) Form of Appeal. A person appealing a Hearing Examiner decision on a Type II 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 (1)(f)(i) of this section.

(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.30.35-125 Appeal of City Council Decision.

A final City decision on an application 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.30.35-130 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. Administrative appeals shall be deemed final on the date of issuance of the Hearing Examiner’s or the City Council’s decision on the appeal. (Ord. 2118)

20F.30.35-140 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. See RCDG 20D.150.200-030(6)(d) for Shoreline Substantial Development Permits. (Ord. 2486; Ord. 2118)

20F.30.35-150 Modification or Addition to an Approved Project or Decision.

See RCDG 20F.40.25, Administrative Modifications. See RCDG 20D.150.200-030(8) for Shoreline Substantial Development Permits. (Ord. 2486; Ord. 2118)

20F.30.35-160 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)