Hearing Examiner open record predecision hearing and recommendation for Type IV Council land use decisions
Seattle Mun. Code § 23.76.052
in effectA. General—Consolidation With Environmental Appeal. The Hearing Examiner shall conduct a public hearing, which shall constitute a hearing by the Council, on all applications for Type IV Council land use decisions and any associated variances, special exceptions, and administrative conditional uses. At the same hearing, the Hearing Examiner shall also hear any appeals of the Director's Type II decisions and any interpretations. B. The Hearing Examiner may combine a public hearing on a Type IV 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. 1. 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 21 days prior to the hearing by: a. Inclusion in the Land Use Information Bulletin; b. Publication in the City official newspaper; c. One land use sign visible to the public posted at each street frontage abutting the site except that if there is no street frontage or the site abuts an unimproved street, the Director shall either post more than one sign and/or select an alternative posting location so that notice is clearly visible to the public. For hearings on Major Institution master plans, one land use sign posted at each street frontage abutting the site but not to exceed ten land use signs; d. Mailed notice; and e. Provision of notice to the applicant and to those who have submitted written comments on the proposal, and to persons who have made a written request for specific notice and have provided an address for notice. 2. DNSs shall be filed with the SEPA Public Information Center. If the Director's decision includes a mitigated DNS or other DNS requiring a 14 day comment period pursuant to Section 25.05.340 , the notice of DNS shall include notice of the comment period. The Director shall distribute copies of such DNSs as required by Section 25.05.340 . 3. The notice shall state the project description, type of land use decision under consideration, a description sufficient to locate the subject property, where the complete application file may be reviewed, and the Director's recommendation and environmental determination. The notice shall also state that the environmental determination is subject to appeal and shall describe the appeal procedure. D. Appeal of Environmental Determination. Any person significantly interested in or affected by the Type IV Council land use decision under consideration may appeal the Director's procedural environmental determination subject to the following provisions: 1. Filing of Appeals. Appeals shall be submitted to the Hearing Examiner by 5 p.m. of the fourteenth calendar day following publication of notice of the determination, provided that if a 14 day DNS comment period is required pursuant to Section 25.05.340 , appeals may be filed until 5 p.m. of the twenty-first calendar day following publication of the notice of the determination. If the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the period shall run until 5 p.m. on the next day that is not a Saturday, Sunday, or federal or City holiday. The appeal shall be in writing and shall state specific objections to the environmental determination and the relief sought. The appeal shall be accompanied by payment of the filing fee as set forth in Section 3.02.125 . In form and content, the appeal shall conform with the rules of the Hearing Examiner. 2. Pre-hearing Conference. At the Hearing Examiner's initiative, or at the request of any party of record, the Hearing Examiner may have a conference prior to the hearing in order to entertain and act on motions, clarify issues, or consider other relevant matters. 3. Notice of Appeal. Notice of filing of the appeal and of the date of the consolidated hearing on the appeal and the Type IV Council land use decision recommendation shall be promptly provided by the Hearing Examiner to parties of record and those who have requested notice and provided an address for notice. 4. Scope of Review. Appeals shall be considered de novo. The Hearing Examiner shall entertain only those issues cited in the written appeal that relate to compliance with the procedures for Type IV Council land use decisions as required in this Chapter 23.76 and the adequacy of the environmental documentation upon which the environmental determination was made. 5. Standard of Review. The Director's environmental determination shall be given substantial weight. E. Conduct of Hearing. The Hearing Examiner at the public hearing shall accept evidence and comments regarding: 1. The Director's report, including an evaluation of the project based on applicable City ordinances and policies and the Director's recommendation to approve, approve with conditions, or deny the application; and 2. Specific issues related to any appeals of the Director's Type II decisions. F. The Record. The record shall be established at the hearing before the Hearing Examiner. The Hearing Examiner shall either close the record after the hearing or leave it open to a specified date for additional testimony, written argument, or exhibits. G. Written Comments. Written comments on the application for a Type IV Council land use decision and the Director's report and recommendation may be sent to the Hearing Examiner. Only those received prior to the conclusion of the hearing shall be considered by the Hearing Examiner. H. Recommendation. From the information gained at the hearing, from timely written comments submitted to the Hearing Examiner, and from the report and recommendation of the Director, the Hearing Examiner shall submit a recommendation to the Council by filing it together with the record and the original application with the City Clerk within 15 days after the close of the hearing record, provided that the Hearing Examiner's recommendation on a Major Institution master plan shall be submitted within 30 days. The recommendation to approve, approve with conditions, or deny an application shall be based on written findings and conclusions. I. Environmental Appeal Decision. If the Director's environmental determination is appealed, the Hearing Examiner shall affirm, reverse, remand, or modify the Director's determination that an EIS is not required (DNS) or that an EIS is adequate, based on written findings and conclusions. The Director shall be bound by the terms and conditions of the Hearing Examiner's decision. If the environmental determination is remanded, the Hearing Examiner shall also remand the Director's recommendation for reconsideration. The Hearing Examiner's decision on a DNS or EIS adequacy appeal shall not be subject to Council appeal. The time period for requesting judicial review of the environmental determination shall not commence until the Council has completed action on the Type IV Council land use decision for which the DNS or EIS was issued. J. Distribution of Decision and Recommendation. On the same date that the Hearing Examiner files a recommendation with the City Clerk, the Hearing Examiner shall provide copies of the recommendation and environmental appeal decision, if any, to the applicant, the Director, all persons testifying or submitting information at the hearing, all persons who submitted substantive comments on the application to either the Director or the Hearing Examiner, and all those who request a copy in writing and provide an address for notice. Notice of the Hearing Examiner's recommendation to the Council shall include instructions for appealing the recommendation on the Type IV Council land use decision. (Ord. 126684 , § 10, 2022; Ord. 123913, § 29, 2012; Ord. 122497 , § 11, 2007; Ord. 121477, § 54, 2004; Ord. 120157, § 9, 2000; Ord. 119096, § 10, 1998; Ord. 118672, § 27, 1997; Ord. 118012, § 47, 1996; Ord. 112522, § 2, 1985)
Source: Seattle Municipal Code (Municode library)URL: https://library.municode.com/wa/seattle/codes/municipal_codeFetched: 7/25/2026