23.76.054

A. Any person who submitted a written comment to the Director, or who provided a written or oral comment to the Hearing Examiner, may submit in writing an appeal of the Hearing Examiner's recommendation regarding a Type IV land use decision to the Council and, if desired, a request to supplement the record. No appeals of a DNS or the determination that an EIS is adequate will be accepted. B. Appeals of the Hearing Examiner's recommendation shall be filed with the City Clerk by 5 p.m. of the 14th calendar day following the date of issuance of the Hearing Examiner's recommendation. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the appeal period runs until 5 p.m. on the next day that is not a Saturday, Sunday, or federal or City holiday. C. The appeal shall clearly identify specific objections to the Hearing Examiner's recommendation and specify the relief sought. D. After the City Clerk's receipt of an appeal, Council staff shall provide a copy of the appeal and instructions for responding to those persons who were provided written notice of the Hearing Examiner's recommendation at least 21 days prior to the date of the Council's public meeting to consider the appeal. E. Council action shall be based on the record established by the Hearing Examiner. The Council may supplement the record with new evidence or information if the Council determines that the new evidence or information was not available or could not reasonably have been produced at the time of the open record hearing before the Hearing Examiner. The Council may remand an application for a Type IV land use decision only when: 1. The Council has voted to supplement the record and has determined that the Director or the Hearing Examiner should reconsider the application in light of the new evidence; or 2. For major institution master plans, the Council has determined that there is a need for additional information or new proposal(s) pursuant to 23.69.032 . F. The Council may allow oral or written arguments based on the record. (Ord. 123913, § 30, 2012; Ord. 122497 , § 10, 2007; Ord. 118012 § 48, 1996; Ord. 112522 § 2(part), 1985)