City of Roslyn, WA Chapter 18.30 PROCESSING PROCEDURES

§ 18.30.010 Purpose.

The purpose of this chapter is to provide for effective and efficient administrative review of land use and development applications with consistent procedures for similar projects, and to combine procedural and substantive environmental reviews with the review of project permit applications under other applicable requirements. This chapter is intended to provide a framework within which the consistency of project permit applications with the comprehensive plan and development regulations shall be determined.

A. The following is a brief summary of key land use decision making roles:

1. The city council is the legal legislative body of the city and is the only body which can adopt or amend an ordinance. The city council shall make the final decisions on Class 3 and Class 4 applications and may hear or may delegate to a professional hearing examiner appeals of decisions on Class 1, 1A, and 2 applications. The council shall also ratify the mayor's appointments to the planning and historic preservation commission.

2. The mayor is the chief administrative officer of the city and is responsible for the supervision and administration of city personnel and for the implementation, administration and enforcement of city ordinances and resolutions, and policies and directives of the city council. The mayor appoints members to the planning and historic preservation commission, and is authorized to designate a planning official(s) and a building official(s), who shall be responsible for the administration of this title.

3. The planning official(s) is authorized to administer the provisions of this title and to coordinate the implementation of all planning requirements and activities in the city, and to interpret the provisions of this code. The planning official(s) and all authorized city representatives are hereby empowered to cause any structure or tract of land to be inspected and examined, and to order, in writing, the remedying of any condition found to exist in violation of any provision of the Roslyn Municipal Code or city ordinances. The planning official(s), under the direction of the mayor, shall have the authority to draft, revise, and enforce by whatever means necessary and lawful a set of administrative rules and procedures that will ensure the efficient and proper operation of the city government.

4. The building official(s) is authorized to administer and enforce the provisions of the Roslyn Municipal Code relating to the International Building Codes. The building official(s) and all authorized city representatives are hereby empowered to cause any structure or tract of land to be inspected and examined, and to order, in writing, the remedying of any condition found to exist in violation of any provision of the Roslyn Municipal Code or city ordinances.

5. The code enforcement official(s) is authorized to administer and enforce the provisions of this title relating to the International Building Codes and to enforce all provisions of the Roslyn Municipal Code. The code enforcement official(s) and all authorized city representatives are hereby empowered to cause any structure or tract of land to be inspected and examined, and to order, in writing, the remedying of any condition found to exist in violation of any provision of the Roslyn Municipal Code or city ordinances.

6. The city attorney advises the city council, mayor, and city staff as well as the planning and historic preservation commission on matters regarding the legal interpretations, application, and the enforcement of this title.

7. The planning and historic preservation commission shall, in accordance with the provisions of this title, make decisions on Class 1A applications unless the proposed activity is specifically exempted. The planning and historic preservation commission may make recommendations to the city council on Class 3 and 4 applications and on matters referred by the city council. The planning and historic preservation commission shall also conduct such public meetings and discussions as may be necessary to prepare recommendations to the city council on proposed master planned resorts in accordance with the provisions of this title. In addition, the planning and historic preservation commission shall conduct historic register design reviews of development proposals involving properties listed on the Roslyn register of historic places; and

8. The city council may appoint a professional hearing examiner to hear appeals of Class 1, 1A, and 2 decisions and to perform other duties as may be assigned.

(Ord. 1059 § 2 (Exh. A (12.30.010)), 2010; Ord. 1060 §§ 5, 6, 2010; Ord. 1181 § 1 (Exh. A), 2021)

§ 18.30.020 Project review classifications.

Four classes of review are established for the purposes of administering this title: Class 1, which includes Class 1A; Class 2; Class 3; and Class 4. These classes, their appropriate decision maker, hearing body, appellate body, and the types of permits included in each class are contained in the following table.

A. In addition to the requirements of this chapter, all proposed development activities and associated permits are subject to environmental review, architectural or historic register design review, and transportation concurrency review unless specifically exempted by the city.

B. Proposed development activities that may be determined by the city to be exempt from certain provisions of this title, such as SEPA requirements or architectural design review, must still comply with all other applicable provisions of this title and must obtain all other required permits and approvals.

C. It is the goal of the city to consolidate the permit processing for projects or development activities that require two or more permits or approvals. The planning official, in consultation with city planning consultants and/or the city attorney as appropriate, shall determine the appropriate means of consolidating the processing of all permits and shall assign the highest-class review classification of the individual permits being sought to the consolidated permit application (with Class 4 being the highest followed by Class 3, Class 2, and Class 1). This consolidation may include integrating public meetings or hearings, establishing unified comment periods, and/or concurrent reviews. The planning official is authorized to make modifications to the procedural requirements of this title in order to effectively consolidate project reviews.

Table 18.30.A
Class of Review	Permit/Actions	Decision Maker	Hearing Body	Appellate Body
Class 1	-Architectural Design Review8 -Binding Site Plan (Final approval) -Certificate of Zoning Compliance -Clearing and Grading Permits (Minor and major)2 -Code Interpretations -Critical Areas Determination -Demolition Permit2 -Design Review Modification -Determination of Consistency -Determination of Exempt Activity -Home Businesses -Lot Line Adjustment -Nonconforming Use or Structure Alteration -Preliminary Site Analysis9 -Public Agency and Utility Critical Area Permit Exception -Reasonable Use Exceptions5 -Right-of-Way Use Permit -SEPA Actions -Short Plat Approvals (Less than five lots) -Sign Permit -Special Events Permit, Minor or Moderate -Special Use Permit4 -Subdivision Alteration -Unclassified Permits -Wireless Communication Facility	Mayor or His/Her Designee	None	Hearing Examiner7
Class 1A	-Historic Register Design Review -Special Property Tax Valuation Agreement3 -Certificate of Appropriateness -Waiver of Certificate of Appropriateness	Planning and Historic Preservation Commission	None	City Council7 or Superior Court3
Class 2	-Conditional Use Permit -Reasonable Use Exception -Variance -Subdivision Preliminary Plat Approvals (Five+ lots)11	Hearing Examiner	Hearing Examiner	Superior Court
Class 3	-Binding Site Plan -Essential Public Facility Permit -Master Planned Development6 -Subdivision Final Plat Approvals (Five+ lots) -Subdivision Vacation -Street and Alley Vacation	City Council	City Council1, 11	Superior Court
Class 4	-Comprehensive Plan Amendment -Rezone or Code Amendment -Future Land Use or Official Zoning Map Amendment	City Council	City Council1	Superior Court

Footnotes:

1. The city council may request that the planning and historic preservation commission or a professional hearing examiner conduct the required public hearing and make a recommendation.

2. Must be processed concurrent with all associated permits and approvals.

3. Appeals of decisions of special property tax valuations shall be made in Kittitas County superior court.

4. Special use permits shall be processed by the planning official unless otherwise designated by the mayor.

5. Reasonable use exceptions may be referred by the planning official to the hearing examiner for processing as a Class 2 permit.

6. The planning and historic preservation commission shall conduct such public meetings and discussions as may be necessary to make a recommendation on proposed master planned developments in accordance with the provisions of this title.

7. The city council shall review Class 1 applications and provide comments prior to the public hearing before the hearing examiner.

8. A preliminary site analysis is required for all new construction, additions, and/or as deemed necessary by the city prior to application submittal.

9. Includes review and comment by all applicable city departments and Roslyn planning and historic preservation commission.

10. The city council shall hold at least two public hearings prior to the execution of a development agreement for a master planned development.

11. All applications for preliminary plat shall first be submitted to the Roslyn planning and historic preservation commission for review and a recommendation prior to the city council's approval or disapproval of the preliminary plat.

(Ord. 1059 § 2 (Exh. A (12.30.020)), 2010; Ord. 1060 §§ 5, 6, 2010; Ord. 1073 § 3, 2011; Ord. 1133 § 4, 2017; Ord. 1143 § 2 (Exh. A), 2018; Ord. 1144 § 1, 2018; Ord. 1162 § 1, 2019; Ord. 1181 § 1 (Exh. A), 2021; Ord. 1192 § 1 (Exh. A), 2022)

§ 18.30.030 Procedures for Class 1 and Class 1A review.

Class 1 and Class 1A permit applications involve administrative action by the planning official(s), building official(s), or planning and historic preservation commission without a prior open record public hearing. The city council or a professional hearing examiner shall conduct an open record appeal of decisions on Class 1 and Class 1A permits unless otherwise noted in this title.

A. Applications for Class 1 and Class 1A permits shall be processed by the city in accordance with the following general procedures, unless more specific provisions apply in this code or the applicant is notified in writing by the planning official that a particular item is not required:

1. Completeness review and issuance of a determination of completeness;

2. Determination of consistency;

3. Architectural or historic register design review in accordance with the provisions of Chapters 18.50 and 18.60 RMC, if required; provided, that required architectural or historic register design review shall be completed before final action is taken on associated permits;

4. Issuance of a SEPA threshold determination, if required;

5. Notification to the applicant of approval or denial of the application; and

6. Appeal period.

(Ord. 1059 § 2 (Exh. A (12.30.030)), 2010; Ord. 1060 §§ 5, 6, 2010; Ord. 1181 § 1 (Exh. A), 2021; Ord. 1192 § 1 (Exh. A), 2022)

§ 18.30.040 Procedures for Class 2 review.

The hearing examiner shall conduct an open record hearing before making a decision on Class 2 permit applications. The decision of the hearing examiner is subject to appeal to superior court.

A. Applications for Class 2 permits shall be processed by the city in accordance with the following general procedures, unless more specific provisions apply in this code or the applicant is notified in writing by the planning official that a particular item is not required:

1. Completeness review and issuance of a determination of completeness;

2. Distribution of a notice of application;

3. Architectural or historic register design review in accordance with the provisions of Chapters 18.50 and 18.60 RMC, if required;

4. Issuance of a SEPA threshold determination, if required;

5. Preparation of a preliminary staff report on the application and a determination of consistency with the Roslyn Municipal Code. This report may also include a staff recommendation and shall be distributed to the hearing examiner before the open record hearing;

6. An open record hearing shall be conducted by the hearing examiner, during which the applicant shall be given the opportunity to present the proposed project and interested parties shall be allowed to make comments and submit written testimony;

7. Hearing examiner review and issuance of a notice of decision; and

8. Appeal period.

(Ord. 1059 § 2 (Exh. A (12.30.040)), 2010; Ord. 1060 §§ 5, 6, 2010; Ord. 1181 § 1 (Exh. A), 2021; Ord. 1192 § 1 (Exh. A), 2022)

§ 18.30.050 Procedures for Class 3 review.

Decisions on all Class 3 permit applications shall be made by the city council following an open record public hearing conducted by the city council or at the request of the city council by the planning and historic preservation commission or a professional hearing examiner.

A. Applications for Class 3 permits shall be processed by the city in accordance with the following general procedures, unless the applicant is notified in writing by the planning official:

1. Completeness review and issuance of a determination of completeness;

2. Distribution of a notice of application;

3. Architectural or historic register design review in accordance with the provisions of Chapters 18.50 and 18.60 RMC, if required;

4. Issuance of a SEPA threshold determination, if required;

5. Preparation of a preliminary staff report on the application and a determination of consistency with the Roslyn Municipal Code. This report may also include a staff recommendation and shall be distributed to the hearing body before the open record public hearing;

6. An open record public hearing shall be conducted by city council, or, if requested by the city council, the planning and historic preservation commission or hearing examiner, during which the applicant shall be given the opportunity to present the proposed project and interested parties shall be allowed to make comments and submit written testimony;

7. The recommendation of the planning and historic preservation commission or hearing examiner, if applicable, along with a complete copy of the record shall be provided to the city council for review prior to their decision;

8. City council action and issuance of a notice of decision; and

9. Appeal period.

(Ord. 1059 § 2 (Exh. A (12.30.050)), 2010; Ord. 1060 §§ 5, 6, 2010; Ord. 1181 § 1 (Exh. A), 2021; Ord. 1192 § 1 (Exh. A), 2022)

§ 18.30.060 Procedures for Class 4 review.

Decisions on all Class 4 permit applications shall be made by the city council following an open record public hearing conducted by the city council or at the request of the city council by the planning and historic preservation commission.

A. Applications for Class 4 permits shall be processed by the city in accordance with the following general procedures, unless the applicant is notified in writing by the planning official:

1. Completeness review and issuance of a determination of completeness;

2. Distribution of a notice of application;

3. Architectural or historic register design review in accordance with the provisions of Chapters 18.50 and 18.60 RMC, if required;

4. Issuance of a SEPA threshold determination, if required;

5. Preparation of a preliminary staff report on the application and a determination of consistency with the Roslyn Municipal Code. This report may also include a staff recommendation and shall be distributed to the hearing body before the open record public hearing;

6. An open record public hearing shall be conducted by city council, or, if requested by the city council, the planning and historic preservation commission, during which the applicant shall be given the opportunity to present the proposed amendment and interested parties shall be allowed to make comments and submit written testimony;

7. The recommendation of the planning and historic preservation commission, if applicable, along with a complete copy of the record shall be provided to the city council for review prior to their decision;

8. City council action and issuance of a notice of decision; and

9. Appeal period.

B. The planning official shall prepare and publish an annual schedule for the acceptance of applications from the public to amend the city comprehensive plan.

1. The proposed amendments or revisions to the comprehensive plan shall be docketed and considered by the city no more frequently than once every year except that amendments may be considered more frequently under the following circumstances:

a. The initial adoption of a subarea plan; and

b. The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a city budget.

2. The city council, upon review of a recommendation from city staff and the planning and historic preservation commission, may accept a proposed amendment for processing, hold a proposed amendment for the docket list for future consideration, or notify the applicant that the proposed amendment has not been accepted for processing.

a. The city council's decision as to the disposition of proposed comprehensive plan amendments shall be final and is not appealable.

b. Amendment proposals shall be considered by the city concurrently so the cumulative effect of the various proposals can be ascertained. However, the city may adopt amendments or revisions to its comprehensive plan that conform with Chapter 36.70A RCW whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with the Growth Management Hearings Board or in a court with jurisdiction.

c. In proposing any changes to its comprehensive plan, the city shall notify the appropriate state agency(ies) of its intent to adopt such amendments at least 60 days prior to final adoption. The city shall transmit a complete and accurate copy of its comprehensive plan to the state agency(ies) in accordance with state law.

C. The planning official shall prepare and publish an annual schedule for the acceptance of applications from the public to amend the city development regulations, and the official zoning map.

D. Nothing in this chapter shall preclude the city from initiating a public process to prepare potential revisions to the city comprehensive plan, the city development regulations, and the official city zoning map at any time in accordance with the provisions of the Washington State Growth Management Act.

E. All Class 4 applications shall be subject to environmental review in accordance with the provisions of this title; provided, that the city may establish procedures to integrate or consolidate the environmental review process with the substantive review and Growth Management Act review.

(Ord. 1059 § 2 (Exh. A (12.30.060)), 2010; Ord. 1060 §§ 5, 6, 2010; Ord. 1181 § 1 (Exh. A), 2021; Ord. 1192 § 1 (Exh. A), 2022)

§ 18.30.070 Preapplication meetings.

Prospective applicants of Class 1A historic design review, Class 2 and Class 3 permits shall schedule and participate in a preapplication conference with the planning official and other staff as appropriate prior to submitting an application. The purpose of this preapplication review is to provide the city and other agency staff with a sufficient level of detail about the proposed development to enable staff to advise the prospective applicant on application requirements and applicable regulations that may have a bearing on the project design or the timely review and approval; provided, that:

A. Applications submitted without participation in the required preapplication meeting may not be accepted by the city.

B. At least 10 days prior to scheduling an appointment for a preapplication meeting, the applicant shall provide all relevant project information in a format prescribed by the city.

C. The planning official shall coordinate the involvement of agency staff responsible for development review in the preapplication review process. Relevant staff shall attend the preapplication conference or shall take other steps to fulfill the purposes of preapplication review.

D. The applicant shall be responsible for reimbursement of staff time if the applicant or applicant's representative does not attend the conference when scheduled without providing 24 hours' notice.

E. Within 10 working days after the date of the preapplication conference, the planning official shall provide to the applicant and other interested parties a written summary of the preapplication review. The written summary generally shall do the following to the extent possible given the information provided by the applicant:

1. Summarize the proposed application(s);

2. Identify the review authority, relevant approval criteria;

3. Development standards and adjustments or other variations from applicable criteria or standards that may be necessary;

4. Evaluate information the applicant offered to comply with the relevant criteria and standards, and identify specific additional information needed to respond to relevant criteria, standards or other issues;

5. Identify application fees in effect at the time, with a disclaimer that the fees may change;

6. Identify information relevant to the application in the possession of the city or other agencies of which the city is aware, such as:

a. Comprehensive plan map designation and zoning;

b. Physical development limitations, such as steep or unstable slopes, wetlands, wellhead protection areas, or water bodies;

c. Public facilities that will serve the subject property including water, sewer, roads, storm drainage, parks and schools, fire and relevant service considerations, such as minimum access and fire flow requirements or other minimum service levels and impact fees; and

d. Other applications that have been approved or are being considered for land in the vicinity of the property subject to the proposed application that may affect or be affected by the proposed application.

F. A prospective applicant may submit a written request for a second preapplication conference within one calendar year after an initial preapplication conference. There is no fee for a second preapplication conference if the proposed development is substantially similar to the one reviewed in the first preapplication conference or if it reflects changes based on information received at the first preapplication conference. A request for a second preapplication conference shall be subject to the same procedure as the request for the initial preapplication conference.

G. A prospective applicant may submit a written request to waive a required preapplication conference. Waiver requests will be submitted on a form provided by the city. Waiver requests will be approved by the planning official.

H. Preapplication reviews expire and must be renewed or waived if a complete application has not been submitted within one calendar year after the date of the preapplication conference.

(Ord. 1059 § 2 (Exh. A (12.30.070)), 2010; Ord. 1060 §§ 5, 6, 2010; Ord. 1181 § 1 (Exh. A), 2021; Ord. 1192 § 1 (Exh. A), 2022)

§ 18.30.080 Completeness review.

All applications for Class 1, 1A, 2, 3, or 4 permits or approvals shall be submitted on such forms and in accordance with such procedures as may be prescribed by the city; provided, that:

A. All applications shall be signed by the property owner or show owner consent of the application by the agent acting on the owner's behalf.

B. All applicable fees shall be submitted at the time of application unless otherwise specified.

C. The city may require an applicant for any permit to submit a survey if the proposed activity raises questions that may involve property boundaries, questions of ownership, property rights, and/or have a bearing on the property rights of others, as determined by the city.

D. Repealed by Ord. 1192.

E. Repealed by Ord. 1192.

F. Repealed by Ord. 1192.

G. A completed SEPA checklist shall be filed at the same time as an application for all permits, except when:

1. The city has determined the activity to be categorically exempt from the requirements of SEPA;

2. The city and applicant agree that an EIS is required;

3. SEPA compliance for the proposed project has already been completed; or

4. SEPA compliance has been initiated by another agency.

H. Within 28 days of submittal, the city shall conduct a review of all application materials to determine if the application is complete and ready for processing. The city shall then make a determination of completeness and shall provide the applicant with written notification which states:

1. The application is complete and ready for processing, or that the application is incomplete and additional information is necessary to make the application complete;

2. A list of additional information that is required to make the application complete, if applicable; and

3. To the extent known by the city, other agencies with jurisdiction over the application and/or other permits that may be required for the proposed project.

I. Nothing in this title shall limit the planning official from incorporating the notice of application and determination of completeness into one document.

J. The issuance of a determination of completeness shall not preclude the city from requesting additional information from the applicant in order to complete the processing of an application.

K. If the city determines an application is not complete, one of the following steps must be taken:

1. Within 60 days of the date of the incompleteness notification, the applicant provides the additional information needed to complete the application and the city will issue a completeness determination; or

2. Within 60 days of the date of the incompleteness notification, the applicant may notify the city that they do not intend to provide additional information and the city will void the application;

3. If the applicant does not respond to the incompleteness notification within 60 days of the date it was issued, the city will void the application.

(Ord. 1059 § 2 (Exh. A (12.30.080)), 2010; Ord. 1060 §§ 5, 6, 2010; Ord. 1181 § 1 (Exh. A), 2021; Ord. 1192 § 1 (Exh. A), 2022)

§ 18.30.090 Notice of application.

Repealed by Ord. 1192.

(Ord. 1059 § 2 (Exh. A (12.30.090)), 2010; Ord. 1060 §§ 5, 6, 2010; Ord. 1181 § 1 (Exh. A), 2021)

§ 18.30.100 Preliminary SEPA determination.

Repealed by Ord. 1192.

(Ord. 1059 § 2 (Exh. A (12.30.100)), 2010; Ord. 1060 §§ 5, 6, 2010; Ord. 1181 § 1 (Exh. A), 2021)

§ 18.30.110 SEPA threshold determinations.

Repealed by Ord. 1192.

(Ord. 1059 § 2 (Exh. A (12.30.110)), 2010; Ord. 1060 §§ 5, 6, 2010; Ord. 1181 § 1 (Exh. A), 2021)

§ 18.30.120 Determination of consistency.

As part of all Class 1, 1A, 2, and 3 application reviews, the city shall determine if a proposed project or development activity is consistent with applicable city development regulations, and the goals and policies of the adopted comprehensive plan.

A. Nothing in this section shall limit the authority of the city in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by Chapter 43.21C RCW; and

B. The city may determine that adopted comprehensive plans, subarea plan elements of a comprehensive plan, development regulations, or other local, state or federal rules or laws provide adequate environmental analysis and mitigation of some or all specific probable adverse environmental impacts of a proposed action.

(Ord. 1059 § 2 (Exh. A (12.30.120)), 2010; Ord. 1060 §§ 5, 6, 2010; Ord. 1181 § 1 (Exh. A), 2021; Ord. 1192 § 1 (Exh. A), 2022)

§ 18.30.130 Notice of decision.

Repealed by Ord. 1192.

(Ord. 1059 § 2 (Exh. A (12.30.130)), 2010; Ord. 1060 §§ 5, 6, 2010; Ord. 1181 § 1 (Exh. A), 2021)

§ 18.30.140 Public notice requirements.

As part of the permit review process, public notice shall be provided consistent with the provisions in this section.

A. For all Class 2, 3, and 4 permits, public notice is required for:

1. Notices of application;

2. Notices of decisions;

3. Public hearing notices;

4. SEPA threshold determinations; and

5. Notices of appeals.

B. Notices of Application. Following the issuance of a determination of completeness, the city shall issue a notice of application for all Class 2, Class 3, and Class 4 permit applications. Notices of application shall include:

1. A description of the proposed action;

2. Identification of the permits and approvals that may be required and opportunities for public review and comment; and

3. SEPA actions taken or preliminary SEPA threshold determinations, if any.

a. A preliminary SEPA threshold determination or preliminary SEPA action may be included with notice of application if such preliminary actions have been made at the time the notice of application is issued;

4. Identification of the public comment period for the application.

C. Notices of Decision. A notice of decision shall be issued for all Class 2, Class 3, and Class 4 applications. A notice of decision may not be issued until the expiration of the comment period on the notice of application. Notices of decision shall include:

1. A description of the decision or actions taken;

2. Any mitigation or conditions of approval required under applicable development regulations or under SEPA;

3. If a SEPA threshold determination has not been issued previously, the notice of decision shall state this determination; and

4. A description of applicable appeal procedures.

D. SEPA Actions. Additional noticing requirements may apply for SEPA-related actions, consistent with this section.

E. All public notices will be mailed at least 14 days prior to the date of any required public hearing and/or comment period to the:

1. Applicant;

2. All property owners within 300 feet of the proposed site; provided, that for variances, all property owners within 200 feet shall be notified;

3. Agencies with jurisdiction;

4. Parties who have provided oral or written testimony on the permit;

5. Parties who have submitted written requests to receive notice; and

6. Parties of record.

F. Public notices shall be published in the general newspaper of record at least 10 days prior to the date of any public hearing and/or any public comment periods.

G. Copies of public notices shall also be posted or available for review at the city administrative offices.

H. The city may also post public notices and information regarding applications for review on the internet.

I. Following the adoption of appropriate administrative procedures, the city may require that a sign board be posted and maintained on the site.

(Ord. 1059 § 2 (Exh. A (12.30.140)), 2010; Ord. 1060 §§ 5, 6, 2010; Ord. 1181 § 1 (Exh. A), 2021; Ord. 1192 § 1 (Exh. A), 2022)

§ 18.30.150 Appeals.

A. Except for appeals to superior court and unless a more specific deadline applies, all appeals of interpretations or actions based on the provisions of this title shall be filed in a format prescribed by the city along with the required fee, within 14 days of the date of the interpretation or action. If the deadline to file an appeal falls on a weekend or on a city holiday, the deadline shall become the next business day. The city shall mail written notice to all parties of record to apprise them of all open and closed record appeal hearings and shall place a public notice in the city's newspaper of record at least 10 days before an open record appeal hearing.

B. The following provisions shall apply to all appeals to the city council unless otherwise noted:

1. The notice of appeal shall specify the claimed error(s) and issue(s) which the appellate body is asked to consider, and shall specifically state all grounds for such appeal. Issues or grounds of appeal which are not so identified need not be considered by the appellate body;

2. The appellants and any respondents to the notice of appeal shall have the opportunity to present oral and written arguments during open record appeal hearings. For all closed record appeals, the record shall be limited to information presented during the preceding open record hearing. Oral argument shall be confined to the established record and to any alleged errors in the decision;

3. Following an appeal hearing the appellate body may affirm, reverse or modify the decision of record and shall adopt its own written findings and conclusions in support of its decision; and

4. The city may require an applicant and/or the appellant to reimburse the city for the cost of preparing materials to be used during open or closed record hearings including but not limited to the cost of copying, taping, and/or transcribing a certified record of the proceedings.

C. Appeals to superior court shall be filed within 21 days of the issuance of a land use decision in accordance with Chapter 36.70C RCW, unless otherwise specified.

D. Appeals of SEPA threshold determinations or SEPA actions shall be combined with any appeals of associated applications or permits.

E. Except for the appeal of a SEPA determination of significance, no more than one open public record hearing and no more than one closed record appeal may occur on a single permit application or master application.

1. A public meeting(s) may be held prior to the open record hearing. A public meeting may include, but is not limited to: a scoping meeting for the preparation of a draft environmental impact statement or presentation of a final environmental impact statement, informational meetings, meetings integral to the historic register design review process or architectural design review process, and/or neighborhood meeting. The proceedings at a public meeting may be recorded and a report, meeting summary, and/or recommendations may be included in the application file.

(Ord. 1059 § 2 (Exh. A (12.30.150)), 2010; Ord. 1060 §§ 5, 6, 2010; Ord. 1181 § 1 (Exh. A), 2021; Ord. 1192 § 1 (Exh. A), 2022)