23.76.024

A. Consolidation with environmental appeal. The Hearing Examiner shall conduct a public hearing, which shall constitute a hearing by the Council on the application for preliminary approval of the subdivision. At the same hearing the Hearing Examiner shall also hear any appeals of the Director's procedural environmental determination (determination of nonsignificance or determination of adequacy of a final environmental impact statement) and other Type II decisions. B. The Hearing Examiner may combine a public hearing on a subdivision application with any other public hearings that may be held on the project by another local, state, regional, federal, or other agency, and shall do so if requested by the applicant, provided that: 1. The joint hearing if convened in-person shall be held within the city of Seattle; and 2. The joint hearing can be held within the time periods specified in Section 23.76.005 , or the applicant agrees in writing to additional time, if needed, to combine the hearings. C. Notice. The Director shall give notice of the Hearing Examiner's hearing, the Director's environmental determination, and the availability of the Director's report at least 30 days prior to the hearing by: 1. Inclusion in the Land Use Information Bulletin; 2. Mailed notice; and 3. Notice provided to: a. The applicant and each of the recipients of the preliminary plat listed in Section 23.22.024 ; b. All persons who provided an address for notice and who either submitted written comments on the application to the Director or made a written request for notice; and c. All owners of real property located within 300 feet of: 1) any portion of the boundaries of the property to be subdivided; or 2) any parcels of real property adjacent to the property to be subdivided that are owned by the owner of the property to be subdivided. D. Request for Further Consideration or Appeal. Any person significantly interested in or affected by the proposed subdivision may request further consideration of the Director's recommendation and may appeal the Director's procedural environmental determination and other Type II decisions. Such request for further consideration or appeal: 1. Shall be in writing, clearly state specific objections to the recommendation or environmental determination or other Type II decisions, and state the relief sought; 2. Shall be submitted to the Hearing Examiner by 5 p.m. of the fourteenth calendar day following publication of notice of the Director's report, provided that if a 14-day DNS comment period is required pursuant to Chapter 25.05 , appeals may be filed until 5 p.m. of the twenty-first calendar day following publication of notice of the Director's report. If the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the period runs until 5 p.m. the next day that is not a Saturday, Sunday, or federal or City holiday. The request or appeal shall be accompanied by payment of any filing fee set forth in Section 3.02.125 , Hearing Examiner filing fees, and in form and content shall conform with the rules of the Hearing Examiner. E. Notice of Appeals and Requests for Further Consideration. The Hearing Examiner shall promptly provide notice of the filing of all requests for further consideration and appeals to all parties of record and to those who have requested notice in writing and have provided an address for notice. F. Pre-hearing Conference. At the Hearing Examiner's initiative, or at the request of any party of record, the Hearing Examiner may conduct a conference prior to the hearing in order to entertain and act on motions, clarify issues, or consider other relevant matters. G. Written Comments. Written comments on the proposed subdivision and the Director's report and recommendation may be sent to the Hearing Examiner. Only those comments received prior to the conclusion of the hearing shall be considered by the Hearing Examiner. H. Hearing. 1. The Hearing Examiner shall limit the evidence, comments, and argument at the combined hearing to those issues that are fairly raised in any written request for further consideration or appeal, as clarified at any pre-hearing conference, and that are relevant to: a. The compliance of the proposed subdivision with the procedures and standards of this Chapter 23.76 and Chapter 23.22 ; b. The appropriateness of any mitigation or denial pursuant to the City's SEPA policies; and c. The correctness of the Director's procedural environmental determination and other Type II decisions. Appeals of the Director's decisions shall be considered do novo, but the Director's determination shall be given substantial weight. 2. The Hearing Examiner shall establish the record at the hearing. The Hearing Examiner may either close the record after the hearing or leave it open to a specified date to receive additional testimony, exhibits, or written argument. I. Decision. From the information gained at the hearing, from timely written comments submitted to the Department or the Hearing Examiner, and from the report and recommendation of the Director, all of which shall be made part of the record, the Hearing Examiner shall issue a decision to approve, approve with conditions, remand, or deny the proposed subdivision. On any appeal, the Hearing Examiner may affirm, reverse, remand, or modify the Director's decision. The Hearing Examiner's decision shall be in writing, include findings and conclusions, and be filed by the Hearing Examiner with the City Clerk within ten working days of the close of the record, unless a longer period is agreed to among the parties. J. Effect of the Hearing Examiner decision. The Hearing Examiner's decision shall be final and conclusive unless the Hearing Examiner retains jurisdiction or the decision is reversed or remanded on appeal or appealed to the Shorelines Hearings Board. Any judicial review of decisions shall be commenced as provided by state law. Pursuant to RCW 58.17.330, the Hearing Examiner's decision on an application for a subdivision shall have the effect of a final decision of the City Council. K. Distribution of Decision. On the same date that the Hearing Examiner files the decision with the City Clerk, copies of the decision shall be provided by the Hearing Examiner to the applicant, the Director, the Director of Transportation, all persons testifying or submitting information at the hearing, all persons who submitted written comments on the application to either the Director or the Hearing Examiner, and all those who have made a written request for a copy and provided an address for notice. (Ord. 126684 , § 8, 2022; Ord. 124378 , § 80, 2013; Ord. 123913, § 17, 2012; Ord. 123046, § 57, 2009; Ord. 121477, § 50, 2004; Ord. 120157, § 8, 2000; Ord. 119239, § 35, 1998; Ord. 118409, § 214, 1996; Ord. 118181, § 5, 1996; Ord. 118012, § 36, 1996; Ord. 117789, § 11, 1995; Ord. 116909 , § 10, 1993; Ord. 114041, § 1, 1988; Ord. 112522, § 2, 1985)