A.

The applicant for a project permit, owner of property to which a project permit decision is directed, and/or any other person aggrieved or adversely affected by the decision of the city planner on a Type I or II permit application may file an appeal with the Planner for an open record appeal hearing before the hearing examiner.

B.

The applicant for a project permit, owner of property to which a project permit decision is directed, and/or any other person aggrieved or adversely affected by the decision of the hearing examiner on a Type III permit application may file an appeal with the city clerk for a closed record appeal hearing before the city council.

C.

For purposes of this section, "person aggrieved or adversely affected" shall mean all of the following conditions are present:

1.

The land use decision has prejudiced or is likely to prejudice that person;

2.

That person's asserted interests are among those that the decision-maker was required to consider when it made the project permit decision; and

3.

A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the project permit decision.

(Ord. 609 § 1 Exh. A) (part), 2000)

A.

Appeal Deadline. An administrative appeal of a project permit decision must be filed within fourteen calendar days following the date of issuance of the notice of decision. Appeals and the appeal fee, if applicable, shall be delivered to the planner or city clerk, as prescribed by Section 15.11.010, by mail or personal delivery before four-thirty 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 date of issuance of the notice of decision 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, in which case such day or days are also excluded and the filing must be completed on the next city business day.

(Ord. 609 § 1 Exh. A) (part), 2000)

Appeals shall be in writing, be accompanied by the required appeal fee, and contain the following information:

A.

Appellant's name, address and phone number;

B.

Appellant's statement describing his or her standing to appeal;

C.

Identification of the project permit application which is the subject of the appeal;

D.

Appellant's statement of grounds for appeal and the facts upon which the appeal is based. The statement of grounds for appeal must include issues the appellant is requesting to be heard in the appeal hearing. Issues not reasonably or fairly stated in the appeal documents shall not be considered by the hearing body. Additional information on each of the stated appeal issues may be submitted at any time up to and during the appeal hearing.

E.

The relief sought, including the specific nature and extent; and

F.

A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant's signature.

(Ord. 609 § 1 Exh. A) (part), 2000)

The timely filing of an appeal shall stay the effective date of the project permit decision until such time as the appeal is adjudicated by the appropriate hearing body or is withdrawn.

(Ord. 609 § 1 Exh. A) (part), 2000)

A.

To Whom Provided. The city planner shall provide public notice of the appeal by mail or personal delivery to:

1.

The applicant, if the applicant is not the appellant; and

2.

All other parties of record, as defined in Section 15.08.030, to the project permit decision.

B.

Contents. The notice of appeal shall contain the following:

1.

The name and address of the appellant;

2.

Identification of the project permit application which is the subject of the appeal;

3.

A summary of the appellant's statement of grounds for appeal and relief sought;

4.

The time, date, location and time scheduled for conduct of the appeal hearing.

5.

If the appeal is to be considered in an open record public hearing, a statement that all interested persons may appear and provide oral and/or written testimony; and

6.

If the appeal is to be considered in closed record review, a statement describing the process for closed record reviews and decisions, including any provisions for submitting correspondence containing legal argument.

(Ord. 609 § 1 Exh. A) (part), 2000)

A.

All administrative appeals of consolidated project permit application decisions, including appeals to related or connected actions taken under the authority of SEPA other than an appeal of a determination of significance ("DS"), shall be considered together in a consolidated appeal.

B.

Appeals of SEPA determinations not subject to consolidation shall proceed as provided in Chapter 14.04 of this code.

(Ord. 609 § 1 Exh. A) (part), 2000)

An appeal shall be dismissed by the hearing body upon determining that any of the following grounds for dismissal are present:

A.

Appeals filed and received after the expiration of the appeal deadline established by Section 15.11.020;

B.

Appeals that do not contain the minimum information prescribed in Section 15.11.030;

C.

Appeals that are not in writing or accompanied by the required appeal fee;

D.

Appeals received from individuals who are not parties with standing as identified under Section 15.11.010.

(Ord. 609 § 1 Exh. A) (part), 2000)

All open record and closed record appeal hearings shall be conducted according to those procedures prescribed in Chapter 15.10 of this code for open and closed record hearings, as applicable.

(Ord. 609 § 1 Exh. A) (part), 2000)

The burden of proof in an administrative appeal shall be upon the appellant or any other party seeking to reverse, modify, or amend the contested project permit decision.

(Ord. 609 § 1 Exh. A) (part), 2000)

The city's final land use decision on project permit application may be appealed by a party of record with standing to file a land use petition in King County Superior Court. Such petition shall be filed as provided in Chapter 36.70C RCW.

(Ord. 609 § 1 Exh. A) (part), 2000)