If a Type I or II decision has an administrative appeal available as set forth in Section 14.16B.115 or 14.16B.215, except for shoreline permits, the following procedures shall be followed:
(a)
Appellant. The project applicant or any person who submitted written comments prior to the date the decision was issued may appeal the decision.
(b)
Form of Appeal. A person appealing a Type I or II decision must submit a completed appeal form which sets forth:
(1)
Facts demonstrating that the person is adversely affected by the decision;
(2)
A concise statement identifying each alleged error and the manner in which the decision fails to satisfy the applicable decision criteria;
(3)
The specific relief requested; and
(4)
Any other information reasonably necessary to make a decision on the appeal.
(c)
Time to Appeal. The written appeal and the appeal fee, if any, must be received by the Department of Planning and Community Development no later than 4:00 p.m. on the fourteenth day following the date of the notice of decision.
(d)
Notice of Appeal. If a Type I or II decision is appealed, a hearing before the designated appeal body (as established in the table in Section 14.16B.115 or 14.16B.215) shall be set and notice of the hearing shall be mailed or emailed to the appellant, the applicant, and all parties of record by the applicable department director. Notice shall be mailed or emailed no less than 10 days prior to the appeal hearing, except that if the Type I or II decision has been consolidated with a recommendation on a Type III or IV application, any appeal of the Type I decision shall be consolidated with the Type III or IV public hearing. No separate notice of a Type I or II appeal needs to be provided if the public hearing has already been scheduled for the Type III or IV component of an application.
(e)
Hearing Examiner.
(1)
Public Hearing. The Hearing Examiner shall conduct an open record hearing on a Type I or II 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 or to present testimony on a consolidated Type III or IV application; provided, that the Examiner may allow nonparties to present relevant testimony if allowed under the Examiner rules of procedure.
(2)
Decision on Appeal.
(i)
Within 14 days after the close of the record for the Type I or II 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 modification if:
(ii)
The Hearing Examiner shall accord substantial weight to the decision of the applicable department director.
(iii)
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 denying the request, issuing a revised decision, or calling for an additional public hearing.
(f)
Appeal of Hearing Examiner Decision on Appeal. A Hearing Examiner decision on a Type I or II appeal may be appealed to the Snohomish County 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.
(g)
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. 811, Sec. 3 (Exh. 2), 2010; Ord. 855, Sec. 16, 2011)