30.66B.180 Concurrency determination review or appeal.
(1) A person may seek review of or appeal a pre-application concurrency decision or a concurrency determination as provided in this section. No review or appeal is provided for a concurrency determination made pursuant to SCC 30.66B.135. The scope and standard for review of the pre-application concurrency decision or concurrency determination is as provided in SCC 30.66B.185.
(2) Any aggrieved person may request the hearing examiner to review a concurrency determination that is associated with an underlying Type 2 application at the open record hearing for the Type 2 application, except as provided in SCC 30.66B.175(9).
(a) The department of planning and development services shall provide notice of the concurrency determination. The notice shall be combined with the notice of public hearing for the underlying application provided pursuant to SCC 30.72.030 and shall reference the standard for review of a concurrency determination in SCC 30.66B.185.
(b) The aggrieved person must provide written documentation to the hearing examiner demonstrating why the concurrency determination fails to satisfy the requirements of this chapter.
(c) The decision of the hearing examiner is final and conclusive with an optional right of reconsideration as provided in SCC 30.72.065 and may then be appealed by an aggrieved party of record to the county council pursuant to SCC 30.72.070 together with an appeal of the underlying permit or approval decision.
(3) Any aggrieved party of record may appeal a concurrency determination associated with an underlying Type 1 decision, except as provided in SCC 30.66B.175(9). Any such appeal shall be processed as an appeal of a Type 1 decision in accordance with chapter 30.71 SCC.
(a) The department of planning and development services shall provide notice of the concurrency determination and the time period for filing an administrative appeal in accordance with SCC 30.71.040.
(b) An open record appeal hearing conducted pursuant to this subsection shall be consolidated with any other open record appeal hearing relating to the underlying permit or approval decision.
(4) Any person may appeal a concurrency determination associated with a project permit application that is not otherwise subject to administrative appeal, except as provided in SCC 30.66B.175(9). Any such appeal shall be processed as an appeal of a Type 1 decision in accordance with chapter 30.71 SCC. The department of planning and development services shall provide notice of the concurrency determination and the time period for filing an administrative appeal in accordance with SCC 30.71.050.
(5) Any aggrieved person may appeal a pre-application concurrency decision made pursuant to SCC 30.66B.175 by filing an appeal of a Type 1 decision in accordance with SCC 30.71.050. The appeal shall follow the procedure specified in SCC 30.66B.180(2), (3), or (4) depending on whether the development to be applied for will require a Type 2 decision, a Type 1 decision, or a project permit application that is not subject to administrative appeal, except that consolidation with the underlying application or appeal of the underlying permit or approval decision is not required or permitted. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 06-093, Nov. 8, 2006, Eff date Nov. 26, 2006).