20F.30.60 Type VII Review: Quasi-Judicial, Landmark Commission Decisions.

20F.30.60-010 Purpose.

A Type VII process is a quasi-judicial review and decision made by the Landmark Commission. Type VII reviews are exempt from the procedures of RCDG 20F.30.25, Timeframes for Review; however, to ensure timeliness shall include a timeframe requirement between application and the hearing stage. (Ord. 2164)

20F.30.60-015 Overview of Type VII Review.

(1) This section contains the procedures the City will use in processing Type VII applications. King County Code Chapter 20.62 shall apply to all properties covered by the King County interlocal agreement. For all other properties, this process begins with submittal of the application, followed by notice to the public of the application, and a public comment period.

(2) Except for properties covered by the King County interlocal agreement, within 90 days of application a public hearing will be held before the Landmark Commission. Following the public hearing, the Landmark Commission will issue a written report that will set forth a decision to approve, approve with modifications, or deny the application. (Ord. 2164)

20F.30.60-020 Notice of Public Hearing.

(1) For those historic properties listed in the interlocal agreement with King County, notice of hearing shall be pursuant to King County Code Chapter 20.62. For all other historic properties, Type VII permits notice shall be provided 14 days prior to a scheduled hearing date in the manner set forth in subsection (2) of this section.

(2) Notice of Public Hearing.


Permit	Mail	Post
Landmark Designation	X	X
Certificate of Appropriateness, Level III	X	X

(3) Mailed Notice.

(a) The City or King County, as applicable, shall provide notice of public hearing to the owner, to the applicant, to adjacent properties, and to any persons who have requested notice.

(b) 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. (Ord. 2164)

20F.30.60-030 Public Hearing and Public Hearing Record.

(1) Historic properties listed in the interlocal agreement with King County shall comply with procedures for public hearing found in King County Code Chapter 20.62.

(2) All Other Historic Properties. When the administrator deems the application sufficient, within 90 days the Redmond Landmark Commission shall hold a public hearing to receive all relevant evidence. Any hearing may be continued at the discretion of the Commission. A written report shall be issued including findings of fact and reasons for the conclusions reached. The Commission shall maintain a record of each hearing from which a verbatim transcript may be made. (Ord. 2164)

20F.30.60-040 Preliminary Determination for Historic Landmark Designation.

In the event that a hearing is continued, either Commission may make a preliminary determination of significance if the Commission determines, based on the record before it, that the historic resource is of significant value and likely to satisfy the criteria for designation set out in RCDG 20F.40.85-040 or in King County Code Chapter 20.62. Once this determination of significance is made, the Certificate of Appropriateness procedures shall apply from the date of the notice until a final determination is made or for six months, whichever is shorter. Such preliminary determination shall be effective as of the date of the public hearing at which it is made. Where the Commission makes a preliminary determination it shall specify the boundaries of the nominated resource, the significant features thereof, and such other description of the historic resource as it deems appropriate. Within five working days after the Commission has made a preliminary determination, the staff handling the designation shall mail copies of the same to the owner, the person submitting the nomination and interested persons of record. Such notice shall include:

(1) A copy of the Commission’s preliminary determination;

(2) A statement that while proceedings pursuant to this chapter are pending, or six months from the date of the notice, whichever is shorter, and thereafter if the designation is approved by the Commission, the Certificate of Appropriateness procedures, a copy of which shall be enclosed, shall apply to the described historic resource whether or not a building or other permit is required. (Ord. 2164)

20F.30.60-050 Landmark Commission Decision.

The Landmark Commission shall approve, approve with modifications, or deny the application. A written report shall be issued including findings of fact and reasons for the conclusions reached. (Ord. 2164)

20F.30.60-060 Notice of Final Decision.

Within five working days of its approval, the Administrator or their designee shall transmit a copy of the Commission’s designation report or a decision rejecting the nomination. This transmittal or a separate transmittal shall give notice of the appeal deadline. (Ord. 2164)

20F.30.60-070 Appeal of Type VII, Landmark Commission Decision.

For a Type VII appeal, the following procedures shall be followed:

(1) 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.

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

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

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

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

(3) 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. 2164)

20F.30.60-080 Notice of Appeal.

If a Type VII 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. (Ord. 2164)

20F.30.60-090 Hearing Examiner Public Hearing.

The Hearing Examiner shall conduct an open record hearing on a Type VII 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. 2164)

20F.30.60-100 Hearing Examiner Decision on Appeal.

(1) Within 14 days after the close of the record for the Type VII 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 modifications if:

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

(b) The Examiner finds that the Type VII 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. 2164)

20F.30.60-110 Appeal of Hearing Examiner Decision on Appeal.

A Hearing Examiner decision on a Type VII appeal may be appealed to the City Council as follows:

(1) Who May Appeal. The project applicant or any person who participated in the public hearing as provided for in RCDG 20F.30.30-090 or by the applicant or the City.

(2) Form of Appeal. A person appealing a Hearing Examiner decision on a Type VII 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.

(3) 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.

(4) 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.

(5) Public Notice of Appeal Hearing.

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

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

(ii) The street address of the subject property and a description in non-legal terms sufficient to identify its location; and

(iii) A brief description of the decision of the Hearing Examiner which is being appealed; and

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

(b) 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 (6)(a) of this section.

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

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

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

(i) 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

(ii) 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.

(d) 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.

(e) 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.

(7) City Council Decision on Appeal.

(a) 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.

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

(d) 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. 2164)

20F.30.60-115 Appeal of City Council Decision.

A final decision by the City Council on an appeal of a Type VII 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. 2164)

20F.30.60-120 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. 2164)

20F.30.60-130 Commencement of Activity.

For a Type VII procedure no construction or demolition activity may commence prior to the conclusion of all appeals. (Ord. 2164)