20F.30.40 Type III Review: Quasi-Judicial, Hearing Examiner Decisions.

20F.30.40-010 Purpose.

A Type III process is a quasi-judicial review and decision made by the Hearing Examiner. The Hearing Examiner makes a decision based on a recommendation from the Technical Committee and, if required, the Design Review Board. A public meeting may be held prior to the Technical Committee/Design Review Board recommendation. The Hearing Examiner considers public testimony received at an open record public hearing. Public notification is provided at the application, public hearing and decision stages of application review. The administrative appeal body is the City Council. The purpose of this section is to provide the necessary steps for permits requiring Type III review. (Ord. 2118)

20F.30.40-015 Overview of Type III Review.

(1) This section contains the procedures the City will use in processing Type III applications. This process begins with a complete application, followed by notice to the public of the application and a public comment period, during which time an informational meeting may be held.

(2) If required by the State Environmental Policy Act, a threshold determination will be issued by the Administrator. The threshold determination shall be issued prior to the issuance of the Technical Committee/Design Review Board’s recommendation 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 Recommendation. 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 recommendation.

(3) Following issuance of the Technical Committee/Design Review Board recommendation, a public hearing will be held before the City Hearing Examiner. If a SEPA determination of nonsignificance (DNS) was issued (no EIS required) and an appeal of the DNS has been filed, the appeal hearing on the DNS will be combined with the public hearing on the Technical Committee/Design Review Board recommendation. Following the public hearing, the Hearing Examiner will issue a written report which will set forth a decision to approve, approve with modifications, or deny the application. The Examiner’s report will also include a final City decision on any DNS or other Type I or II appeal.

(4) The Decision of the Hearing Examiner on a Type III application is appealable to the City Council. The City Council action deciding the appeal and approving, approving with modifications, or denying a project is the final City decision on a Type III application. (Ord. 2118)

20F.30.40-020 Notice of Application.

(1) Notice of application for Type III permits shall be provided within 14 days of the determination of completeness pursuant to RCDG 20F.30.25, Timeframes for Review. Notice shall be provided as indicated in subsection (2) of this section. If any open record pre-decision hearing is required for the requested project permit(s), the Notice of Application shall be provided at least 15 days prior to the open record hearing.

(2) Notice of Application Requirements of Type III Permits.


Permit	Mail	Post
Preliminary Plat	X	X
Reasonable Use Exception	X	X
Secure Community Transition Facility Conditional Use Permit	X	X
Shoreline Conditional Use	X	X
Shoreline Substantial Development	X	X
Shoreline Variance	X	X
Variance	X	X
Master Planned Development for any of the applicable above	X	X

(3) Mailed Notice.

(a) Mailings shall include a mailed notice 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 or hearing, 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 threshold determination, if complete at the time of issuance of the Notice of Application;

(xi) Shoreline Conditional Use Permits and Shoreline Variances. See RCDG 20D.150.200-030(6)(c) for additional requirements.

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

(i) Notice of the filing of a preliminary plat adjacent to or within one mile of the municipal boundaries of a city or town, or which contemplates the use of any city or town utilities, shall be given to the appropriate city or town authorities.

(ii) Notice of the filing of a preliminary plat of a proposed subdivision located in a city or town and adjoining the municipal boundaries thereof shall be given to the appropriate County officials.

(iii) 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.

(d) 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.

(e) 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.

(f) 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.

(c) The following Type III application is a major land use action: preliminary plats. In addition to the general notice requirements, major land use actions shall comply with the following extraordinary signage requirements:

(i) Sign Size and Placement. Each sign shall be four feet by eight feet in size, placed no closer than five feet from the right-of-way, visible from each public street on which the subject property has frontage, and placed outside the sight distance triangle.

(ii) Content of Notice. Signs shall be prepared using templates or attachable letters. Hand lettered signs are not acceptable. The required sign shall include:

(A) The title “Notice of Land Use Application”;

(B) A graphic or written description of the site boundaries;

(D) The date of public hearing;

(E) The name and telephone number of the Department of Planning and Community Development;

(F) City of Redmond logo;

(G) Other information as the Administrator may determine to be necessary to adequately notify the public of the pending land use application. (See Appendix 20F-5 for an illustration.)

(iii) Responsibility for Installation and Removal.

(A) The applicant shall be solely responsible for the construction, installation, and removal of the sign(s) and the associated costs.

(B) The sign(s) shall be erected at least 14 days prior to the public hearing. The applicant shall sign an affidavit, stating that the sign(s) were installed and the date and posting of property.

(D) If the sign is removed prior to the Hearing Examiner’s final action, the applicant is responsible for immediate replacement of the sign.

(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. 2152; Ord. 2118)

20F.30.40-030 Minimum Comment Period.

(1) The Notice of Application shall provided 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 recommendation on a Type III 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.30.40-045(2), 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 the closing of the public hearing record.

(5) Shoreline Conditional Use Permits and Shoreline Variances. See RCDG 20D.150.200-030(6)(c). (Ord. 2486; Ord. 2118)

20F.30.40-040 Public Meetings.

A public meeting may be required for Type III applications. The Technical Committee may require the applicant to participate in the meeting to inform citizens about the proposal. If a public meeting is planned, it shall be held as early in the review process as possible for Type III applications. Notice of the public meeting shall be provided in the same manner as required for the Notice of Application. The public meeting notice will be combined with the Notice of Application whenever possible. (Ord. 2118)

20F.30.40-045 Environmental Review.

(1) Threshold Determination. The responsible official shall issue the threshold determination after the minimum comment period for the Notice of Application and prior to the recommendation 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 recommendation on the application which shall include the final threshold determination (DNS or DS).

(2) Optional DNS Process. For projects that have no significant 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 recommendation 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 recommendation. 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 recommendation. (Ord. 2118)

20F.30.40-050 Technical Committee Recommendation.

A written report of the Technical Committee making a recommendation to the Hearing Examiner for approval, approval with conditions, or with modifications, or for denial shall be prepared. The Technical Committee’s recommendation shall be based on the applicable Redmond Community Development Guide (RCDG) decision criteria and shall include any conditions necessary to ensure consistency with City development regulations. (Ord. 2118)

20F.30.40-060 Design Review Board Recommendation.

When design review is required, the Design Review Board recommendation shall be included with the written report that contains the Technical Committee recommendation. (Ord. 2118)

20F.30.40-070 Notice of Public Hearing.

(1) Public notice of the date of the Hearing Examiner public hearing for the application shall be published in a newspaper of general circulation. The public notice shall also include a notice of availability of the Technical Committee/Design Review Board recommendation. If a determination of significance was issued by the responsible official, the notice of the Technical Committee/Design Review Board recommendation shall state whether an EIS or supplemental EIS was prepared or whether existing environmental documents were adopted. The public hearing shall be scheduled no sooner than 14 days following the date of publication of the notice.

(2) The Administrator shall mail notice of the public hearing and the availability of the recommendation to each owner of real property within 500 feet of the project site, or 20 property owners (whichever is greater).

(3) The Administrator shall mail notice of the availability of the recommendation and the date of the public hearing to each person who submitted oral or written comments during the public comment period or at any time prior to the publication of the notice of recommendation.

(4) The Administrator shall post the notice of the date of the public hearing and the availability of the recommendation on-site and at a designated location within City Hall and at least one other public building. The Administrator shall establish standards for size, color, layout, design, wording and placement of the notice boards. (Ord. 2118)

20F.30.40-080 Hearing Examiner Public Hearing.

(1) Any person may participate in the Hearing Examiner public hearing on the Technical Committee’s recommendation by submitting written comments to the Technical Committee prior to the hearing or by submitting written comments or making oral comments at the hearing.

(2) The Administrator shall transmit to the Hearing Examiner a copy of the department file on the application including all written comments received prior to the hearing and information reviewed by or relied upon by the Administrator. The file shall also include information to verify that the requirements for notice to the public (Notice of Application and Notice of SEPA Threshold Determination) have been met.

(3) The Hearing Examiner shall create a complete record of the public hearing including all exhibits introduced at the hearing and an electronic sound recording of each hearing. (Ord. 2118)

20F.30.40-090 Hearing Examiner Decision.

(1) The Hearing Examiner shall approve a project or approve with modifications if the applicant has demonstrated that the proposal complies with the applicable decision criteria of the Redmond Community Development Guide. The applicant carries the burden of proof and must demonstrate that a preponderance of the evidence supports the conclusion that the application merits approval or approval with modifications. In all other cases, the Hearing Examiner shall deny the application.

(2) If the Hearing Examiner requires a modification which results in a different proposal not reasonably foreseeable from the description of the proposal contained in the public notice provided pursuant to RCDG 20F.30.40-070, the Hearing Examiner shall conduct a new hearing on the modified proposal.

(3) The Hearing Examiner may include conditions to ensure a proposal conforms to the relevant decision criteria.

(4) The Hearing Examiner shall within 14 days following the close of the record distribute a written report supporting the decision. The report shall contain the following:

(a) The decision of the Hearing Examiner; and

(b) Any conditions included as part of the decision; and

(c) Findings of fact upon which the decision, including any conditions, was based and the conclusions derived from those facts; and

(d) A statement explaining the process to appeal the decision of the Hearing Examiner to the City Council.

(5) 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 Examiners 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.30.40-100 Notice of Final Decision.

After the conclusion of the appeal period, or the resolution of a filed appeal, the Administrator shall mail the Notice of Final Decision and the final SEPA threshold determination, if any, to the applicant and to each person who participated in the public hearing or who submitted comments during the public comment period at any time prior to issuance of the decision. See RCDG 20D.150.200-030(6)(c) for shoreline conditional use permits and shoreline variances. (Ord. 2486; Ord. 2118)

20F.30.40-105 Termination of Approval.

(1) Approval of the Type III 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) Shoreline Conditional Use Permits and Shoreline Variances. See RCDG 20D.150.200-030(9). (Ord. 2486; Ord. 2118)

20F.30.40-110 Appeal of Type III, Hearing Examiner Decision.

(1) Except for shoreline conditional use or shoreline variance, a Type III decision of the Hearing Examiner 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.30.40-080 or by the applicant or the City.

(b) Form of Appeal. A person appealing a Type III, Hearing Examiner decision 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 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 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.

(2) Shoreline Conditional Use Permits and Shoreline Variances. See RCDG 20D.150.200-030(6)(c). (Ord. 2486; Ord. 2118)

20F.30.40-120 Appeal of City Council Decision on Appeal.

The decision of the City Council on the application is the final decision of the City and 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. (Ord. 2118)

20F.30.40-130 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 conditional use permits and shoreline variances. (Ord. 2486; Ord. 2118)

20F.30.40-140 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 conditional use permits and shoreline variances. (Ord. 2486; Ord. 2118)

20F.30.40-150 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)