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A. Appeal submittal. Any party with standing under Section 20.210.130(B) VMC may submit a written appeal of any Type I, II or III decision to the planning official containing the following items listed below. The appeal must be received no later than 14 calendar days after written notice of the decision is mailed. Receipt of a complete appeal submittal shall stay the original decision until the city reaches a final decision on the appeal, except as provided for by 20.210.040G VMC.

1. The case number designated by the city and the name of the applicant;

2. The name and signature of each petitioner or their authorized representative and a statement showing that each petitioner has standing to file the appeal under this chapter. If multiple parties file a single petition for review, the petition shall designate one party as the contact representative for all contact with the planning official. All contact with the planning official regarding the appeal, including notice, shall be with the contact representative;

3. The specific aspect(s) of the decision or determination being appealed, and the specific reasons why each aspect is in error as a matter of fact or law;

4. A statement demonstrating that the specific issues raised on appeal were raised during the period in which the record was open;

5. The appeal fee as per Chapter 20.180 VMC, Fees. The fee shall be refunded if the appellant requests withdrawal of the appeal in writing at least 14 calendar days before the scheduled appeal hearing date.

B. Standing to appeal.

1. Type I decision. Only the applicant and property owner have standing to appeal a Type I decision, unless otherwise specified in this title.

2. Type II decision. The following parties have standing to appeal a Type II decision:

a. The applicant or owner of the subject property;

b. Any party eligible for written notice of a pending Type II administrative decision.

c. Any other party who demonstrates that they participated in the decision process through the submission of written testimony.

3. Type III decision. The following parties have standing to appeal a Type III decision:

a. The applicant or owner of the subject property;

b. Any party who testified verbally or in writing at the public hearing;

c. Any other party, who demonstrates that they participated in the decision process through the submission of written testimony;

d. Any party who provides a written request for a copy of the notice of decision; and

e. City staff.

4. Type IV Map Amendment Decision. The following parties have standing to appeal a Type IV Map Amendment decision:

a. The applicant or owner of the subject property;

b. Any party who testified verbally or in writing at the public hearing;

c. Any other party, who demonstrates that they participated in the decision process through the submission of written testimony;

d. Any party that provides a written request for a copy of the notice of decision; and

e. City staff.

C. Appeal review process.

1. All complete appeals submitted which are eligible as specified in this chapter shall be scheduled for review at a public hearing such that a final decision can be rendered within 60 calendar days for closed-record appeals, and within 90 calendar days for open-record appeals. Further extensions are permitted upon mutual agreement of the appellant, the applicant, and the planning official. If a final decision is not reached within this time, the planning official shall so notify the appellant and shall provide a reason for the delay and an estimated date of final decision issuance.

2. Notice of the appeal hearing shall be mailed to all parties listed in Section 20.210.120(B)(11) and (13) VMC.

3. Appeal hearings shall be open or closed record as indicated in Table 20.210.130 -1 below.

a. An open-record appeal hearing before the Hearings Examiner shall be conducted according to the procedures set forth in Section 20.210.120-B VMC.

b. A closed-record appeal hearing before the City Council shall be limited to argument from the appellant, the applicant and city staff, and deliberation by the City Council. Argument and deliberation shall be limited to the record established at the original open-record hearing. The record shall consist of testimony and deliberation at the original hearing as recorded by an audio/visual tape or transcript certified as accurate and complete, any other materials submitted into the record, and the final order being appealed.

c. Hearing rules shall otherwise be as specified by the review body.

d. Notice of appeal decisions shall be mailed to all parties listed under Section 20.210.130(C)(2) VMC.

4. See Section 20.285 VMC for additional rules applicable to appeals for Type IV decisions.

Table 20.210.130-1. Appeal Bodies

Land Use Action

Review Authority if Appealed, and Open (O) or Closed (C) Record Hearing

Type I Applications

Hearings Examiner (O); Further appeal to Superior Court

Type II Applications

Hearings Examiner (O); Further appeal to Superior Court

Type III Applications

City Council (C); Further appeal to Superior Court

Type IV Applications

Superior Court

D. Subsequent appeals.

1. Appeal decisions by any review body may be subsequently appealed to Superior Court within 21 calendar days after the date of decision, subject to compliance with appeal eligibility and notice provisions as specified by Chapter 36.70C RCW.

2. Appeal decisions by the Hearings Examiner or City Council on shoreline substantial development permits, shoreline variance permits, and shoreline conditional use permits may be subsequently appealed to the State Shoreline Hearings Board pursuant to applicable law. (Ord. M-3931 § 4, 11/02/2009; Ord. M-3922 § 11, 07/06/2009; Ord. M-3643, 01/26/2004)