Chapter 14.40 APPEALS OF PROJECT PERMIT DECISIONS

Chapter 14.40
APPEALS OF PROJECT PERMIT DECISIONS

Sections:

14.40.020 Limitation on hearings and appeals.

14.40.010 Time limit for appeals.

A. Notwithstanding any provision of this code to the contrary, all appeals of Category I, II and IV project permit decisions shall be filed within 14 days after the notice of decision or other notice that the decision has been made and is appealable; provided:

1. The period for appeal shall be extended for an additional seven days if public consent is allowed on a determination of nonsignificance issued as a part of the appealable project permit decision; and

2. The date from which the 14-day appeal period shall run for any city staff decision made prior to the date of the single report shall be the issuance date of the single report containing a statement that the decision has been made and is appealable.

B. Unless otherwise specified by another provision of this code, appeals must be received by the community development department prior to 5:00 p.m. on the last day of the appeal period.

C. Notwithstanding any provision of this code to the contrary, all appeals of land use decisions to Superior Court shall be filed and served within 21 days of issuance of the decision, as provided in Chapter 36.70C RCW. (Ord. 1273 § 1 (Exh. A), 2023; Ord. 768 § 2, 1996).

14.40.020 Limitation on hearings and appeals.

Notwithstanding any provision of this code to the contrary, with respect to any project permit application or optional consolidated project permit process, there shall be no more than one open record hearing and one closed record appeal. In accordance with RCW 36.70B.060 and 36.70B.120, only one administrative appeal is allowed. Any appeal of an administrative appeal (open- or closed-record) shall be a judicial appeal under the provisions of Chapter 36.70C RCW, the Land Use Petition Act. (Ord. 1203 § 3, 2018; Ord. 768 § 2, 1996).

14.40.030 Procedure for appeal.

A. Appeals of Category I and Category II project permit decisions shall be open record appeals, heard by the hearing examiner. Such appeals shall be heard and determined within 90 days after filing of the notice of appeal.

B. Appeals of Category IV project permit decisions shall be closed record appeals, and shall be heard and determined within 60 days after filing of the notice of appeal. Such appeals shall be heard on the basis of the record before the hearing examiner or planning commission; provided, additional oral testimony or exhibits may be received by stipulation or if required in the discretion of city council to clarify or supplement such record. The city council shall affirm the decision and findings of the hearing examiner or planning commission unless the city council shall find such finding and decision to be clearly erroneous.

C. The time limitations set forth in subsections A and B of this section may be extended by agreement of all parties to the appeal.

D. Appeals of Category III project permit decisions to Superior Court shall be as provided by Chapter 36.70C RCW.

E. The provisions of SMC 2.14.100 and 2.14.105 shall apply to all appeals under this chapter. (Ord. 1273 § 1 (Exh. A), 2023; Ord. 1120 § 1, 2013; Ord. 768 § 2, 1996).