Chapter 19.70
CLOSED RECORD DECISIONS AND APPEALS
Sections:
19.70.010 Appeals of administrative decisions.
19.70.020 Consolidated appeals.
19.70.030 Standing to initiate administrative appeal.
19.70.040 Closed record decisions and appeals – Type II project permit decisions.
19.70.050 Procedure for closed record decisions.
19.70.010 Appeals of administrative decisions.
Project permit applications shall be appealable as provided in the framework in RMC 19.20.030. [Ord. 12-96; Ord. 29-12 § 1.01].
19.70.020 Consolidated appeals.
A. All appeals of project permit application decisions, other than an appeal of determination of significance (DS), shall be considered together in a consolidated appeal.
B. Appeals of environmental determinations under SEPA, Chapter 22.09 RMC, shall proceed as provided in that chapter. [Ord. 12-96; Ord. 29-12 § 1.01].
19.70.030 Standing to initiate administrative appeal.
A. Limited to Parties of Record. Only parties of record may initiate an administrative appeal of a Type II decision on a project permit application.
B. Definition. The term “parties of record,” for the purposes of this chapter, shall mean:
1. The applicant;
2. Any person who testified at the open record public hearing on the application; and/or
3. Any person who submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or mechanically produced form letters).
C. Appeals of Type I decisions may be filed by any party aggrieved by the permit decision. [Ord. 12-96; Ord. 29-12 § 1.01].
19.70.040 Closed record decisions and appeals – Type I project permit decisions.
Appeals of the director’s decision on a Type I project permit application shall be governed by the following:
A. Time to File. An appeal of the Type I permit decision must be filed within 10 business days following issuance of the written decision. Appeals may be delivered to the development services division by mail, personal delivery, or e-mail before 5:00 p.m. on the last business day of the appeal period.
B. Computation of Time. For the purposes of computing the time for filing an appeal, the day the notice of decision is mailed shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, or a day designated by RCW 1.16.050 or by the city’s ordinances as a legal holiday; then it also is excluded and the filing must be completed on the next business day.
C. Content of Appeal. Appeals shall be in writing, be accompanied by an appeal fee, and contain the following information:
1. Appellant’s name, address and phone number;
2. Appellant’s statement describing his or her standing to appeal;
3. Identification of the application which is the subject of the appeal;
4. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based;
5. The relief sought, including the specific nature and extent;
6. A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature.
D. Effect. The timely filing of an appeal shall stay the effective date of the administrative decision until such time as the appeal is adjudicated by the hearing examiner or withdrawn.
E. Notice of Appeal. The director shall provide public notice of the appeal to any party required to receive notice of hearing on the underlying permit as set forth elsewhere in the city’s adopted development regulations and to those persons entitled to notice of decision as set forth in RMC 19.60.080(D). [Ord. 12-96; Ord. 29-12 § 1.01; Ord. 19-14 § 1.03; Ord. 51-19 § 3].
19.70.050 Procedure for closed record decisions.
A. The following sections of this title shall apply to a closed record proceeding: RMC 19.60.030; 19.60.040; 19.60.050; 19.60.060; 19.60.070(A), (B), (C), (D), and (F) and 19.60.080.
B. The closed record proceeding shall be on the record before the hearing body. No new evidence shall be presented before the city council in a closed record proceeding. Only those persons who participated in the open record hearing before the hearing examiner, planning commission or board of adjustment may address the council in a closed record proceeding. Comments made at a closed record proceeding must be in the nature of summary argument only, based on and limited to facts in the written and oral record developed during the open record hearing. If any speaker at a closed record proceeding presents comments that are not based on facts in the record, anyone present may make an objection. If an objection is made, the speaker will stop until the issue of the objection is resolved. [Ord. 12-96; Ord. 7-99; Ord. 29-12 § 1.01; Ord. 19-14 § 1.03; Ord. 51-19 § 4].
19.70.060 Judicial appeals.
Except in the event of legal authority providing for a different appeal process, the city’s final decision on an application may be appealed by a party of record with standing to file a land use petition in Benton County superior court. Such petition must be filed within 21 days of issuance of the decision, as provided in Chapter 36.70C RCW. [Ord. 12-96; Ord. 29-12 § 1.01; Ord. 51-19 § 5].