ORD 2010-20 REVIEW & APPEALS OF ADMINISTRATIVE DECISIONSlJ1VJ~~I7~~1 ~. ~~~"'~~
AN ~1~N~AI~~ of the City of Bainbridge Island, Washington,
re~atiri to' ~evie and appeals procedures of administrative decisians;
ar~d amending sections 2. ~ ~.1 ~0 and , l ~f i 30 of the Bainbridge island
ll~lunicip~l Code,
wH~~A-, section ~. ~ ~, ~ ~{~} of the Bainbridge Island Municipal Code ~BZC}
provides that and appeal of an administrative sand use decision shall be heard at an open public
retard hearing; and
H~REA, RCS 3 ~, 708, 060 of the Rcgulatar~ eforrn Act of 1-~~ provides that a
praject permit re~rie~v process "shall provide for na more than one consalidated open retard
hearing and ane closed record appeal"; aril
:, , ..
WHEREAS, RCS 3~,708,O~D defines closed record appeal, open -record hearing, and
public meeting; and ~ - ~ -
wH~,~S, in 0D9, Washington Cities Insurance Autharit~ ~"CIA"} the City' ~
insurance ~ pra~rider} conducted an audit of the Cit~r' ~ land use and planning procedures and stated
that the City's municipal code, must reflect the statu~tor~ requirement of a single closed record
appeal hearing for those instances where an open record hearing has already been held with
regard to the permit decision that .i subject of the appeal; and
WHEREAS, accordingly, the City Council desires to amend ~71V~C x,16.1 ~0 and
~.16.13o to reflect the req~-irernent of RCS 3,78,060 of a single closed retard appeal hearing
far those situations where an. apen record hearing has already been held with regard tv the permit
decision that 1s subs ect of the appeal, and to pro~r~de clartficatran b~ defln~ng certain terms; Hour,
therefore, .
TAE ~T' ~UNZ~ ~F TAE ~T ~~' ~A~xNB~ ~~A~I~~, wASH~~Tl~,
eCt~on ~ . Ct~on ~. ~ ~. ~~~a of the Balnbrldg~ island 111Iur~lclpal Code 1 hereby amended
as follows. ;
~.1G,1~0 Conso~i~ate~ project review.
~, An applicant fax a single project proposal requiring more than ane land use
applica~ian ~na~ choose to falla the consolidated project review process, The
pracedures include consolidation of ~rarious land use applications, public
notification of an application and opportunity for public comment prior to a final
decisx~n, And corribination of land use applications not otherv~ise exempted mad
be processed under the consolidated pro j ect review prccess,
~. xernptions, The following land use applications are exempted from
consolidated project review: boundary line adjustment, building and other
construction permits and similar administrative decisions which are exempt from
BpA.
Procedures. A consolidated project permit application shall follov~ the
application and notice procedures which require the rr~ast extensive re~ie and
decision proces~
1, ~~a~irorunaentl Re~rie~v. Por a consolidated land use application. subject to
chapter 4~,~ 1 R' .and . ~_hapter~ ~~ ~,0~4 ~ Bl the SPA threshold
determination shall be issued and and required public comment period shall be
completed prior to public hearing.
. Planning ommis~on or Hea~~ng xarn~ne~ Recammendatlan. If a planning
commission ~econ~.naendation is required for any related consolidated land use
application, the planning commission shall consider the land use application at a
public meeting in accordance Frith ~111~ . l ~~09.~~~. A public, meeting. shall
have the sane de~nition_as _set doh in R 3~.7oB.~~o~5~ as naafi be amended
in the ~ut~e~, and. does. notinclude an own ~recor~„~ear~ Z~ a hearing examiner
r~camrraendation is required far any related consolidated land use application, the
.~ hearing examiner will consider the land use ap~licatian at a public hearing i~a
accordance Frith BZ ~~ 1 ~~ 1 ~~~~ through J. .
3, Public hearin. ~f a public hearing is required for any of the related land use
applications of a consolidated pro~ect~ the public hearing shall combine all the
applicable permit application reyucsts, If the ,public -hearing _is held prior to a
decision .on the ro'ect ermit. a lication s then it shall be are "o en record
pre~e~ilon hearln" as defined_by R ,~~,708.~~~~~,_as may be amended in
the future, . ublie hearin ma be held on an a cal to be k~o~rn as an "o en
record a eel hearin "~as defined b ~.' ~~.'~~~.~~~ as ma be amended in
the future if no o en record :.~ ~ redecision hearin has been held on the ro' ect
~ r
pe~na~t_ lleat~On ~~
a. Related applications requiring ~. public hearing shall be considered at only
one public hearing,
,,
b, If. the EPA threshold determination is appealed for a proposal under the
consolidated project re~ie~v process, the SPA appeal hearing shall be
combined Frith the public hearing for the consolidated project application,
Section 2. Section ~, l x,130 of the Bainbridge Island l~u~nicipal bode is hereby
amended as follo~rs,
~.16,13o Appeal procedures -Appeal of an adrninistrati~e dec~slon to the hearing
exarnlner,
A. Applicability. This section ~s applicable to all hearings conducted ~n response
4 ~ ~
to appeals of administrative decisions, departmental rulings end interpretations
rr~ade in accordance Frith administrative revie~r procedures of ~llC ~,1 ~.0 and
administrative decisions made under BIM I ,~,O~o. Appeals of decisions made
in accordance with chapter 1 ~04 Bil, the city's SPA rules, shall be made
according to the procedures in that chapter and shall be combined with are appeal
hearin as s ecified in subsect~o~a~ ~ ~f this section, .
~` ~ `r ~~~
B. Porrn of the Appeal,
1. An appeal of an adna~n~strati~re decision shall be filed ~r~th the city clerk 14
days after the date of the decision or 21 days if the land use decision requires a
EP.A threshold deterrrxinatian public comment period pursuant to wA 197-11
34I~, or withil~ a tlnl~ frame otherwise specified b~ law.
~. All appealsshall be filed in siting ~ith the city clerk, shall ide~itif~ the
decision appealed and the date of the decision, and shall contain a sumrnar~ of the
grounds for the appeal,
3. ~`he appropriate fee as established b~ city resolution must be paid upon filing of
the notice of appeal. Na appeal will be pracss~d without receipt of the
appropriate fee before expiration ofthe period far filing the appeal,
4, Fallowing receipt of a notice of appeal and pa~rrtent of the appropriate fee, a
public hearing shall be set b~ the hearing exarriiner,
5. All written comments and related docuiuents recei~e~ prior to the appeal
hearing shall be transmitted to the hearing examiner na later than the~hearing date.
~.. ~An~ rubs of p~o~edure for appeal hearings adopted by the hearing e~anainer
shall be kept on file with the office of the city clerk and the department of
p~arining and coinmunit~ de~elapn~ent, and sha11 be provided to and person filing
an appeal.
Content ~ of Appeal. Appeal hearings shall be lirnited to the issues specified in
the written appeal, .
~: Cor~tinuafio~a of Hearing. A hearing maybe continued to a date certain without
addltlanal nat~ce~
~. open R.e~~~d .Appeal Hearing, ~~cept as otherwise pra~ided in this se~tian,
Tthe appeal shall be heard at an open record ~ a~al hearing. Partlclpatlan
in ~an open rec~~d appeal hearing is linalted to the applicant, the applicant's
~epre~entati~e, the appellant, the appellant's representative, appropriate city staff
and consultants, any witnesses called b~ each and any nonparty who submitted
~rritten cami~ents during the public cornn~ent period if the hearing examiner
determines that the testimony will be relevant to the issue an appeal and
n~nrepetltl'~~ Of the t~stln70n of other wit~l~ss~
F~~ Closed Record Ap~oeal Hearin , ff the a~~eal is an a~~eal of an administrative
decision for which there has alread,~ been a public hearing, either an open record
redecisian hearin or an a en record a cal hearin then the a cal shall be
hard at a closed ~re~ard anneal hearing, as defined by R. ~G.7D~,0~~~}~ as
ma be a~rie~nded in the future. ~`he hearin examiner shall not take additional
testimony, exhibits, or a~her ~~id~nce into ~he_~ce~~rd,_ and ~l a eal_ar ~~ae~ ~s.
al~oed~ ~ro~idod ,that, ,the hearing examiner rriay view the property ,and
surraundin area to better understand the e~ridence.
~. decision an the Appeal.
1, Haring. In considering appeals, the hearing examiner shall da one of the
f~llo~ving:
a. Affirm the decision;
b. ~e~ere the decision;
Afflr the declslon wlth rr~adlf"icatlans; or
d. R~rrrand the decision to the department director for further consideration. The
hearing examiner shall include in the order the issues to be reviewed on rerr~and.
2. standard of R.e~iew. Upon completion of the appeal hearing the hearing
examiner shall ruder a decision, in accordance with subsection F.~ of this
section, gibing substantial weight to the decision of the department director,
3
, pnditlans, The hearing exana1ner rrla~ include condltians ~ part of a decision
granting, or granting with od~fieat~a~as an appeal to ensure confor~nan~e nth
this code, tie city's eon~prehensive plan and ather applicable la or regulation,
4, ''~ltten Decision, ''~thi~a . 20 arlring da~~ after carnpletian of the meal
~s scaring unless the appellant and the hearing examiner ha~ie car~er~ted to an
extension ~~ ~in~e, the hearing examiner shall issue written decision on the
appeal ~rhich contai~as the following.
a, The decision of the hearing ~xnainer gxanting or denying the appeal in hale
0~' in papa .
Any conditions included as part of the decision an the appeal;
c, Findings of facts upon hxch the decision, including an~r cond~t~ons, is based
and the conclusions of lam derived from those facts; and
~. A statement of the right of a person i~ith standing to appeal the decision a~' the
hearing exaia~er ~n accordance pith chapter ~ ~ 70
Distribution, The ~iear~n examiner or designee body shall rriail a copy of the
written decision to the applicants the appellant, the applicable departrrient director,
aid any person re~r~esting the v~ritten decision 0~` mho ~bn~itted ubstantlve
c~mrrient on the application prior to the decision.
6~ Appeal of the Decision of the Hearing Exarniner, The decision of the hearing
examiner shall he final unless, within 1 days after issuance of a dec~s~on, a
person with standing. appeals the decision in ccor~.ance pith chapter .7~
R f
ectioi~ 3 ~ Tbis ordinance shill tape effect and h in force eve ~~} days after its
passage, approval and publication as provided b~ la~v. .
PAEI] by the its council this 23r~ dad of dune, 201 ~.
A~~~~v~~ by the 11~ayar this 7t~ day of July, 2~I0,
Bob Scales; Mayar
ATTE TIAUTHETtATE;
~~
Rosalind D, f,assaff, pity lrlC
FOLD 1TH THE CITY L~~; June 1, 2014
pA. ED B THE ~~T~ DUNIL: June 2~, 2410
PI~~LIATI~N DATE: July 9, 2410
FFETIVE DATE: July 1 ~, 20 l 0