22.84.080 Appeals.
A. General Provisions. Decisions on project permit applications shall be appealable, as provided in this section.
1. Standing to Initiate Appeal. Only parties of record have standing to appeal the decision-maker’s decision.
2. Consolidation of Appeals. All appeals of project permit application decisions, other than an appeal of determination of significance (DS), shall be considered together in a consolidated appeal. If an appeal of a SEPA threshold determination is filed and action on the project permit involves a predecision hearing, the appeal hearing and predecision hearing shall be combined.
3. Time to File.
a. Administrative Appeal. An appeal of the decision, together with the appeal fee, must be received at City Hall before five p.m. on the last business day of the appeal period.
b. Judicial Appeal. Judicial appeals shall be filed in Snohomish County superior court by filing a land use petition within twenty-one days pursuant to Chapter 36.70C RCW, or in the case of a shoreline permit, to the Shoreline Hearings Board pursuant to RCW 90.58.140.
c. Computation of Time. For the purposes of computing the time for filing an appeal, the day the decision-maker’s decision is rendered 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, then that day also is excluded and the filing must be completed by five p.m. on the next business day.
4. Content of Appeal. Appeals shall be in writing, be accompanied by the appeal fee, and contain the following information:
a. Appellant’s name, address and phone number;
b. Identification of the application which is the subject of the appeal;
c. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based;
d. The relief sought;
e. A statement that the appellant has read the appeal and believes the contents to be true, signed by the appellant.
5. Effect. The timely filing of an appeal shall stay the effective date of the decision-maker’s decision until such time as the appeal is adjudicated or withdrawn.
6. Burden of Proof. The appellant shall have the burden of proof by a preponderance of evidence that the decision was not supported by substantial evidence, except SEPA threshold determinations, as to which the appellant shall have the burden of proof by a clearly erroneous standard.
B. Administrative Appeals. Applicants or parties of record may appeal administrative approvals in writing to the appeal authority specified in Table 22.84.060(B)(2): Decision-Making and Appeal Authorities within fourteen calendar days of the decision at an open record hearing.
1. Notice of Appeal. The zoning administrator shall provide public notice of the appeal, as provided in MMC 22.84.050.
2. Procedures for Closed Record Hearing. Appeals of administrative approvals that were subject to an open record predecision hearing shall be considered in a closed record hearing. The provisions of MMC 22.84.070 shall apply to a closed record hearing, provided the closed record decision shall be on the record before the hearing body, and no new evidence shall be presented.
3. Decision. The hearing body may affirm, reverse in whole or in part, or may modify the permit or decision being appealed, or may remand the matter back to city staff with directions for further processing. If the application is remanded back to city staff for further processing, the hearing body’s decision shall not be considered a final decision, except for purposes of application time limitations. If a new decision is issued by the city, a new appeal period shall commence consistent with the provisions of this chapter.
C. SEPA Appeals. Appeals of environmental determinations under SEPA shall be processed subject to the applicable provisions of MMC 22.78.180, SEPA administrative appeals, RCW 43.21C.075, Appeals, and WAC 197-11-680, Appeals.
D. Judicial Appeals. The city’s final decision on an application may be appealed by a party of record with standing to file a land use petition in Snohomish County court. Such petition must be filed within twenty-one days of issuance of the decision, as provided in Chapter 36.70C RCW.
1. Notice of the appeal and any other pleadings to be filed with the court shall be served on the city as required by law.
2. The cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for such appeal shall be borne by the appellant. The appellant shall post with the city clerk prior to the preparation of any records an advance fee deposit in the amount specified by the city clerk. Any overage will be promptly returned to the appellant. (Ord. 005/2019 § 10 (Exh. B))