Martha Lester
LEG Council QJ Rules 2015 RES Exh A
June 8, 2015 v#6

CITY COUNCIL RULES FOR QUASI-JUDICIAL PROCEEDINGS (2015 Rules)

TABLE OF CONTENTS
I.

Applicability and Purpose ........................................................................................... page 2

II.

Definitions................................................................................................................... page 3

III.

Appearance of Fairness ............................................................................................... page 5

IV.

General Procedures ..................................................................................................... page 6

V.

Procedures Before Committee Action ........................................................................ page 7

VI.

Committee Action ..................................................................................................... page 13

VII.

Preparation and Transmittal of Committee Recommendation to Council ................ page 16

VIII.

Council Action .......................................................................................................... page 17

IX.

Actions After Council Decision ................................................................................ page 18

X.

Effect of Council Decision........................................................................................ page 19

XI.

Maintenance of Record of Quasi-Judicial Proceeding.............................................. page 19

1

Exhibit A to LEG Council QJ Rules 2015 Resolution

 Martha Lester
LEG Council QJ Rules 2015 RES Exh A
June 8, 2015 v#6

I.

APPLICABILITY AND PURPOSE
A. The purpose of these rules is to establish procedures for quasi-judicial actions before the
City Council and to implement the Appearance of Fairness Doctrine, Revised Code of
Washington (RCW) Chapter 42.36.
B. Pursuant to Seattle Municipal Code (SMC) Chapter 23.76, the following Type IV Land
Use Decisions, along with any integrated decision to exercise substantive State
Environmental Policy Act (SEPA) authority and any associated Type II land use
decisions listed in subsection 23.76.006.C.2, are governed by these rules:
1. A Council conditional use;
2. An amendment to the Official Land Use Map, except for an area-wide amendment or
a correction of an error on the Official Land Use Map due to a cartographic or clerical
mistake;
3. Approval of a property use and development agreement (PUDA) that is required as a
condition of rezone approval, or an amendment of a PUDA that represents a major
departure from the terms of the prior decision, pursuant to Section 23.76.058;
4. Major institution master plan adoption, a major amendment to a major institution
master plan, or renewal of a major institution master plan development plan
component pursuant to Chapter 23.69;
5. A public project as defined in Section 23.84A.030 that requires City Council
approval.
C. The following quasi-judicial actions are also governed by these rules:
1. An amendment to a PUDA that was required as a condition of rezone approval that
represents a minor departure from the terms of the PUDA, pursuant to Section
23.76.058;
2. A request to extend a Type IV Land Use Decision pursuant to Section 23.76.060;
3. An appeal of an individual’s final assessment for a Local Improvement District
pursuant to Section 20.04.090;
4. An appeal of the Hearing Examiner’s recommendation on controls and incentives for
a designated Seattle landmark pursuant to Section 25.12.630;
5. An appeal of the Director of Housing’s decision to deny an application for a
multifamily housing property tax exemption pursuant to Section 5.73.060;

2

Exhibit A to LEG Council QJ Rules 2015 Resolution

 Martha Lester
LEG Council QJ Rules 2015 RES Exh A
June 8, 2015 v#6

6. Other action that is quasi-judicial or subject to the Appearance of Fairness Doctrine
as defined in these rules.
D. All references to Chapters and Sections in these rules are to the SMC unless stated
otherwise. In case of conflict between these rules and the SMC, the SMC controls.
II. DEFINITIONS
A. “Appearance of Fairness Doctrine” refers to the provisions of RCW chapter 42.36.
B. “Appellant” means a person who submits an appeal of a Hearing Examiner’s
recommendation or decision on a quasi-judicial action covered by these rules, or an
appeal of the Director of Housing’s decision to deny an application for a multifamily
housing property tax exemption.
C. “Certificate of Service” means a signed sworn statement that a document has been either
mailed by first class mail or emailed on the date stated in the certificate to the persons
named at the addresses listed in the certificate.
D. “Committee” means the City Council committee charged with making recommendations
on a quasi-judicial action.
E. “Ex parte communication” means any direct or indirect communication between a
Councilmember and a proponent, opponent, or party of record that is made outside a
Council hearing or meeting considering a quasi-judicial action and that concerns the
merits of the quasi-judicial action pending before the City Council.
F. “Party of record” means:
1. any person who appeals a recommendation or decision in a quasi-judicial action;
2. the City agency making a recommendation, decision or determination on a quasijudicial action and any of its employees or agents, except that the Hearing Examiner
is not a party of record;
3. the owner(s) of the property subject to the quasi-judicial action;
4. any person who filed an application for a permit or development approval that is the
basis for the quasi-judicial action;
5. any person granted party status through intervention at the Hearing Examiner
proceeding or during the City Council quasi-judicial proceeding; and
6. for an extension of a Type IV Land Use Decision or a minor amendment to a PUDA,
any person who commented to the Department of Planning and Development (DPD)

3

Exhibit A to LEG Council QJ Rules 2015 Resolution

 Martha Lester
LEG Council QJ Rules 2015 RES Exh A
June 8, 2015 v#6

on the request for extension or minor amendment.
G. “Pending” means the period of time during which a quasi-judicial action is under
consideration by the Council. For purposes of these rules, a quasi-judicial action is
considered to be under consideration by the Council beginning when the matter is datestamped by the City Clerk, which for actions based upon a Hearing Examiner
recommendation is pursuant to subsection IV.E of these rules. A quasi-judicial action
remains under consideration before the Council until the final termination of all judicial
appeals of the Council decision in the quasi-judicial matter.
H. “Person” means an individual, partnership, corporation, entity, association, or public or
private organization of any character.
I. “Quasi-judicial action” or “quasi-judicial matter” means an action of the City Council
that determines the legal rights, duties, or privileges of specific parties in a hearing or
other contested case proceeding. Quasi-judicial action does not include a legislative
action adopting, amending, or revising a comprehensive, community, or neighborhood
plan; zoning regulation; other land use planning document; or area-wide amendment to
the Official Land Use Map.
J. “Quasi-judicial proceeding” means the procedure by which Council considers a quasijudicial action.
K. “Record, procedural” means the procedural and pre-hearing documents and materials
filed with the City Clerk and considered by the Council that are not part of the
substantive record, and the disclosures of ex-parte communications placed on the record
as required by RCW chapter 42.36 and these rules.
L. “Record, substantive” means the Hearing Examiner’s record as supplemented by the
Council pursuant to these rules, including the transcript or recording or both of the
hearing before the Hearing Examiner, the exhibits admitted into evidence, and the other
documents in the Hearing Examiner proceeding; or, for an appeal of a denial of an
application for a multifamily housing property tax exemption by the Director of Housing,
the exhibits and other documents compiled by the Director of Housing in denying the
application; or, for a minor amendment to a PUDA or a request to extend a Type IV Land
Use Decision, the materials submitted to DPD and the DPD recommendation, and any
additional information used by the Council.

4

Exhibit A to LEG Council QJ Rules 2015 Resolution

 Martha Lester
LEG Council QJ Rules 2015 RES Exh A
June 8, 2015 v#6

M. “Valid” means submitted in compliance with all requirements of the SMC and these
rules.
III. APPEARANCE OF FAIRNESS
A. While a quasi-judicial action is pending before Council, no member of the City Council
may engage in an ex parte communication.
B. If an ex parte communication occurs, then:
1. The Councilmember shall, either orally or in writing, place in the procedural record
the substance of any such ex parte communication; and
2. The Councilmember shall make a public announcement at each meeting or hearing on
the quasi-judicial action of the content of any such ex parte communication and the
right of parties of record to rebut the substance of the communication. As one means
of accomplishing this, the Council may announce at each meeting or hearing that
there has been an ex parte communication, that a written summary of such
communication is available, and that the parties of record have an opportunity to
rebut the substance of the communication.
C. The prohibition against ex parte communication does not preclude a member of the
Council from questioning the parties of record concerning matters in the record during
the meetings or hearings before the Council on the quasi-judicial action.
D. Anyone seeking to rely on the appearance of fairness doctrine to disqualify a
Councilmember from participating in a decision must raise the challenge as soon as the
basis for disqualification is made known to the person. If the basis was known or
reasonably should have been known prior to the issuance of a decision and was not raised
prior to the issuance of the decision, it may not be relied on to invalidate the decision.
E. If a Councilmember is challenged for violating the appearance of fairness doctrine or for
bias or prejudice, the Councilmember shall respond on the record by either:
1. Agreeing with the challenge and disqualifying himself or herself from acting on the
quasi-judicial matter. The disqualified Councilmember may not vote and may not
participate in the hearing and deliberation process, even if not voting. In addition, the
disqualified Councilmember should not discuss the merits of the proposal with other
Councilmembers; or
2. Disagreeing with the challenge and:

5

Exhibit A to LEG Council QJ Rules 2015 Resolution

 Martha Lester
LEG Council QJ Rules 2015 RES Exh A
June 8, 2015 v#6

a. Stating on the record why the Councilmember believes that there has been no
violation of the appearance of fairness doctrine; or
b. Stating on the record why the Councilmember believes that he or she is not biased
or prejudiced.
F. If a challenge to a Councilmember would cause a lack of a quorum or would result in an
inability to obtain a majority vote as required by law, any such challenged
Councilmember is permitted to fully participate in the proceeding and vote as though the
challenge had not occurred, if the Councilmember publicly discloses the basis for
disqualification prior to rendering a decision. Such participation shall not subject the
decision to a challenge by reason of violation of the appearance of fairness doctrine.
IV. GENERAL PROCEDURES
A. The Council may refer any quasi-judicial action to the appropriate Council committee to
review the merits of the action and to make a recommendation to the full Council.
B. If a committee is authorized to make a ruling or determination on a procedural matter, the
committee chair may make that procedural ruling or determination, or may refer such
ruling or determination to the committee for discussion and vote.
C. A document required to be filed with the City Clerk pursuant to these rules shall be filed
by hard copy. If the City Clerk receives a mailing after a deadline, even if the mailing is
postmarked on the day of the deadline, the mailing will not be considered as having met
the deadline.
D. A notice, request, reply, or response to someone other than the City Clerk may be sent by
either first class mail or electronic means, depending on the means of transmittal
authorized or indicated by the recipient.
E. If the quasi-judicial proceeding includes a Hearing Examiner recommendation or
decision, the date reflected in the City Clerk’s date-stamp is one of the following:
1. The date notice of the application for a Type IV Land Use Decision listed in
subsection I.B of these rules is filed by DPD with the City Clerk, pursuant to Section
23.76.040.
2. The date the Hearing Examiner's or designated officer's decision on the final
assessment roll for a Local Improvement District is filed with the City Clerk.
3. The date the Landmark Preservation Board recommendation on controls and

6

Exhibit A to LEG Council QJ Rules 2015 Resolution

 Martha Lester
LEG Council QJ Rules 2015 RES Exh A
June 8, 2015 v#6

incentives for a designated Seattle landmark about which the owner and Board staff
are unable to reach an agreement is filed with the City Clerk.
F. If the last day of a period specified by these rules is a Saturday, Sunday, or federal or City
holiday, the deadline runs until 5 p.m. on the next day that is not a Saturday, Sunday, or
federal or City holiday.
G. When calculating the number of days that a notice or motion must be provided prior to a
committee meeting or hearing, the day after the notice or motion is provided is the first
day of the period, and the day of the meeting or hearing is the last day of the period.
H. Time requirements in these rules are strictly applied.
I. A motion is limited to 20 double-spaced pages, excluding declarations, exhibits,
attachments, and appendices.
V. PROCEDURES BEFORE COMMITTEE ACTION
A. Appeals.
1. Who May File an Appeal
a. An appeal of a Hearing Examiner's recommendation on any Type IV Land Use
Decision, including any associated Type II land use decision and any integrated
decision to approve, condition, or deny based on substantive SEPA authority, may
be filed by any person who submitted a written comment to the DPD Director or
an oral or written comment to the Hearing Examiner on the matter.
b. An appeal of an individual's final assessment for a Local Improvement District
may be filed only by a party who made a timely protest at the initial hearing,
pursuant to Section 20.04.090.D. Failure to file an appeal does not limit use of
the judicial appeal process under RCW 35.44.200.
c. An appeal of the Hearing Examiner's recommendation on controls and incentives
for a designated Seattle landmark may be filed only by a party of record to the
Hearing Examiner process.
d. An appeal of the Director of Housing’s decision to deny an application for a
multifamily housing property tax exemption may be filed only by the applicant.
2. Filing Deadline for an Appeal
a. An appeal of the Hearing Examiner’s recommendation on a Type IV Land Use
Decision must be filed with the City Clerk by 5 p.m. of the 14th calendar day

7

Exhibit A to LEG Council QJ Rules 2015 Resolution

 Martha Lester
LEG Council QJ Rules 2015 RES Exh A
June 8, 2015 v#6

following the date of the Hearing Examiner's recommendation.
b. An appeal of an individual's final assessment for a Local Improvement District
must be filed with the City Clerk by 5 p.m. of the 14th calendar day following the
date of the Hearing Examiner's or designated officer’s decision.
c. An appeal of the Hearing Examiner's recommendation on controls and incentives
for a designated Seattle landmark must be filed with the City Clerk and served on
all other parties of record by 5 p.m. of the 14th calendar day after the Hearing
Examiner's decision is served on the party appealing.
d. An appeal of the Director of Housing’s denial of an application for a multifamily
housing property tax exemption must be filed with the City Clerk by 5 p.m. of the
30th calendar day following the receipt of the denial.
3. Form and Content of Appeal. An appeal shall be in writing and:
a. Clearly identify specific objections to the recommendation or decision;
b. Specify the relief sought;
c. For an appeal of an individual's final assessment for a Local Improvement
District, state clearly on the cover or cover page the number of the Local
Improvement District and the appellant's name, and shall comply with Section
20.04.110; and
d. If desired, include a request to supplement the record, pursuant to subsection V.B.
of these rules.
4. Rejection or Clarification of Appeal.
a. The Council may reject an appeal that does not comply with the form and content
requirements.
b. The Council may request clarification of an appeal. Council staff will provide the
request for clarification to:
i. The parties of record for an appeal of the Hearing Examiner’s
recommendation on a Type IV Land Use Decision;
ii. The parties of record for an appeal of the Hearing Examiner’s
recommendation for controls and incentives for a designated Seattle
landmark;
iii. Those persons who were provided written notice of the Director of Housing’s

8

Exhibit A to LEG Council QJ Rules 2015 Resolution

 Martha Lester
LEG Council QJ Rules 2015 RES Exh A
June 8, 2015 v#6

decision for an appeal of the denial of a multifamily housing property tax
exemption;
iv. The appellant for an appeal of an individual’s final assessment for a Local
Improvement District, and the City Attorney.
c. Any response from the appellant must be filed, along with a certificate of service,
with the City Clerk and copies provided to those who received a copy of the
request for clarification by 5 p.m. of the 10th calendar day after copies of the
request for clarification were provided by Council staff.
5. Circulation of appeal.
a. Upon receipt of a valid appeal, Council staff will provide notice of the appeal to
the following persons, and shall complete a certificate of service to be included in
the Clerk File for the matter:
i. those persons who were provided written notice of the Hearing Examiner's
recommendation for an appeal of a Type IV Land Use Decision, or of the
Hearing Examiner’s recommendation for controls and incentives for a
designated Seattle landmark;
ii. those persons who were provided written notice of the Director of Housing’s
decision for an appeal of the denial of a multifamily housing property tax
exemption;
iii. the appellant for an appeal of an individual’s final assessment for a Local
Improvement District, as well as the City Attorney.
b. Notice must be provided at least 21 calendar days prior to the date the committee
is to consider the matter.
c. The notice shall include:
i. A copy of each appeal;
ii. Instructions for filing a response, including a list of the parties of record on
whom any response and certificate of service must be served;
iii. If a request to supplement the record has been filed, a copy of the request to
supplement the record and instructions for responding; and
iv. Notice of the first committee meeting at which the matter will be considered.
6. Response. Only a party of record may respond to an appeal. Any response must be

9

Exhibit A to LEG Council QJ Rules 2015 Resolution

 Martha Lester
LEG Council QJ Rules 2015 RES Exh A
June 8, 2015 v#6

filed, along with a certificate of service, with the City Clerk and copies provided to
the other parties of record, by 5 p.m. of the 10th calendar day after the notice of
appeal was provided by Council staff.
7. Reply. Any reply from a person who filed an appeal must be filed with the City Clerk,
along with a certificate of service, and copies provided to the other parties of record,
by 5 p.m. of the 7th calendar day after the response was filed with the City Clerk.
B. Request to Supplement the Record on an Action other than an Extension of a Type IV
Land Use Decision, a Minor Amendment to a PUDA, or an Appeal of an Individual’s
Final Assessment for a Local Improvement District.
1. Filing a Request to Supplement the Record. A request to supplement the record may
be filed only by a party of record or as part of a motion to intervene, and must be filed
with the City Clerk, along with a certificate of service, no later than:
a. If an appeal has been filed, the deadline for filing a reply; or
b. If no appeal is filed, 28 calendar days after the Hearing Examiner provides copies
of the recommendation or decision on the quasi-judicial action.
2. Form and Content of a Request to Supplement the Record.
a. A request to supplement the record shall be in writing, and:
i. include a brief description of the nature of and a copy of the evidence
proposed to be added; and
ii. explain how the evidence proposed to be added meets the standard for
supplementation, i.e., why it was not available or could not reasonably have
been produced at the time of the open record hearing before the Hearing
Examiner, or, for an appeal of a denial of an application for a multifamily
housing property tax exemption, at the time the Director of Housing denied
the application for the exemption.
b. Testimony proposed to be added to the record must be presented by affidavit, by
declaration conforming to the standards of RCW 9A.72.085, or in a transcript.
c. A request to supplement the record must be submitted as either:
i. a separate section of an appeal, a response, a reply, or a motion to intervene;
or
ii. a separate document attached to an appeal, a response, a reply, or a motion to

10

Exhibit A to LEG Council QJ Rules 2015 Resolution

 Martha Lester
LEG Council QJ Rules 2015 RES Exh A
June 8, 2015 v#6

intervene; or
iii. if no appeal has been filed, a separate document.
3. Circulation of a Request to Supplement the Record.
a. If a request to supplement the record is filed with an appeal that is valid, Council
staff will provide it together with the appeal to the same persons to whom Council
staff provides notice of the appeal pursuant to subsection V.A.5.a of these rules,
along with instructions for responding to the request to supplement the record.
b. If a request to supplement the record is filed at some other time but by the
deadline provided in subsection V.B.1 of these rules, the person filing the request
must also provide a copy of the request and a certificate of service to those to
whom the Hearing Examiner provided copies of the recommendation or decision.
4. Response to Request to Supplement the Record. A response may be filed by a party
of record or any person who filed a pending motion to intervene. Any response must
be filed together with a certificate of service with the City Clerk and copies provided
to the other parties of record and to any person who filed a motion to intervene, by 5
p.m. of the 10th calendar day after the request to supplement the record was provided
as required by subsection V.B.3 of these rules.
5. Content of Response. A response to a request to supplement the record shall be in
writing and address the standard for supplementation described in subsection
V.B.2.a.ii of these rules.
6. Reply. Any reply must be in writing and be filed along with a certificate of service
with the City Clerk and copies provided to the other parties of record and to any
person who filed a motion to intervene, by 5 p.m. of the 7th calendar day after the
response was filed. A reply must respond only to the arguments made in any response
and not raise new issues.
C. Motions in a Proceeding other than an Extension of a Type IV Land Use Decision or a
Minor Amendment to a PUDA.
1. Motion to Intervene in an Action Other Than an Appeal of an Individual’s Final
Assessment for a Local Improvement District.
a. If a valid appeal has been filed, then a person may file a motion to intervene to
participate in a quasi-judicial action as a party of record. The motion may not be

11

Exhibit A to LEG Council QJ Rules 2015 Resolution

 Martha Lester
LEG Council QJ Rules 2015 RES Exh A
June 8, 2015 v#6

filed before notice of an appeal is provided according to subsection V.A.5 of these
rules. The motion may be filed no later than the deadline for filing a reply to the
appeal. The motion to intervene shall be in writing and be filed along with a
certificate of service with the City Clerk, with copies provided to parties of
record. The motion to intervene must state the basis for intervention and how the
person making the request is affected by or interested in the quasi-judicial action,
and must include any request to supplement the record.
b. In considering a motion to intervene, the committee shall consider:
i. whether the motion to intervene shows a substantial or significant interest in
the quasi-judicial action that is not otherwise adequately represented by a
party of record;
ii. whether intervention can be accomplished without unduly delaying the
proceeding or prejudicing the rights of any party of record; and
iii. whether the person filing the motion either participated in the Hearing
Examiner proceeding, or failed to do so because he or she was unable to do
so.
c. If it grants a motion to intervene, the committee may limit the nature and scope of
the participation, including the issues the intervenor may address.
2. Other Motions. Any other motion may be filed by a party of record. Such a motion
shall be in writing and be filed along with a certificate of service with the City Clerk
no later than 28 calendar days after the Hearing Examiner or Director of Housing
provides copies of the recommendation or decision on the quasi-judicial action. The
person filing the motion must send a copy of the motion together with a copy of the
certificate of service to those persons who were provided written notice of the
Hearing Examiner's recommendation or decision, or, for an appeal of the denial of a
multifamily housing property tax exemption, of the Director of Housing’s decision.
3. Response. Any response to a motion shall be in writing, and be filed by a party of
record along with a certificate of service with the City Clerk, and copies provided to
the other parties of record, by 5 p.m. on the 10th calendar day after the motion was
filed. If the response is to a motion to intervene, the party filing the response shall
also provide a copy of the response and certificate of service to the person who filed

12

Exhibit A to LEG Council QJ Rules 2015 Resolution

 Martha Lester
LEG Council QJ Rules 2015 RES Exh A
June 8, 2015 v#6

the motion to intervene.
4. Reply. The person who filed a motion may file a written reply with the City Clerk
along with a certificate of service, with copies provided to the other parties of record,
by 5 p.m. of the 7th calendar day after the response was filed with the City Clerk. A
reply must respond only to the arguments made in any response and not raise new
issues.
VI. COMMITTEE ACTION
A. The committee shall schedule time at a committee meeting to consider the quasi-judicial
action. For an appeal of an individual’s final assessment for a Local Improvement
District, the committee shall, within 15 days following the filing of the appeal with the
City Clerk, set the time and place for the hearing on the appeal.
B. Notice.
1. Unless some other time is required by law, Council staff shall provide notice of each
committee meeting at which a quasi-judicial action is to be considered to the parties
of record, and to any person who filed a pending motion to intervene, as follows:
a. at least 21 calendar days prior to the first meeting; and
b. at least 7 calendar days prior to any subsequent meeting; and
c. at least 21 calendar days prior to the first meeting at which a DPD Director or
Hearing Examiner recommendation on a remanded quasi-judicial action is
discussed.
2. For an application for a minor PUDA amendment or an extension of a Type IV Land
Use Decision, Council staff shall provide notice of the committee meeting at which
the action is to be considered to the applicant, those who commented to DPD on the
application, and those who requested notification of Council meetings on the matter,
at least 21 calendar days prior to the first meeting, and at least 7 calendar days prior to
any subsequent meeting. The notice shall state that written comments will be
accepted, and that oral comments may be permitted at the first meeting.
C. Committee Consideration of the Quasi-judicial Action. At a committee meeting, the
committee will take the following actions, except that subsections VI.C.1 and VI.C.2 of
these rules do not apply to a minor amendment to a PUDA or a request to extend a Type
IV Land Use Decision:

13

Exhibit A to LEG Council QJ Rules 2015 Resolution

 Martha Lester
LEG Council QJ Rules 2015 RES Exh A
June 8, 2015 v#6

1. Consider and decide any request to supplement the record. The committee, at its
discretion, may permit a person who submitted a request to supplement the record,
and any party of record who submitted a response, to orally address the committee
concerning whether the evidence proposed to be added meets the standard for
supplementation set forth in subsection V.B.2 of these rules. If the committee permits,
each person generally will be allowed 5 minutes to address the committee, unless
there are extraordinary circumstances, in which case the committee shall determine
the amount of time to allow. The committee may:
a. Deny the request to supplement the record;
b. Determine that the evidence proposed to be added to the record meets the
standard for supplementation set forth in subsection V.B.2 of these rules, and
grant the request to supplement in whole or part. If the committee votes to
supplement the record:
i. each document or exhibit so added shall be labeled as a Council exhibit, with
consecutive letters [A, B, . . .Z, AA, etc.]. The name of the party submitting
the exhibit shall be noted on the label; and
ii. the committee shall also decide whether to recommend that the Council
remand the matter to the Hearing Examiner or Director of Housing. The
Council may remand the matter only if it determines that the recommending
or decision-making agency should reconsider the application in light of the
new evidence or material.
2. Consider and decide any motion, including a motion to intervene. In ruling on any
motion, the committee may, in its discretion, permit the person who made the motion
and any person who submitted a response to orally address the committee concerning
the motion. If the committee permits, each such person will generally be allowed 5
minutes to address the committee, unless the committee determines there are
extraordinary circumstances, in which case the committee shall determine the amount
of time to allow.
3. Consider the merits of the proposed action and vote on a recommendation to full
Council.
a. The committee, in its discretion, may hear oral argument from:

14

Exhibit A to LEG Council QJ Rules 2015 Resolution

 Martha Lester
LEG Council QJ Rules 2015 RES Exh A
June 8, 2015 v#6

i. any person who submitted an appeal;
ii. any person who submitted a response; and
iii. any person who was permitted to intervene.
b. For a minor amendment to a PUDA or a request to extend a Type IV Land Use
Decision, the committee will accept written comments, and may permit oral
comments at the first meeting, from the applicant and any person who submitted
comments to DPD on the proposed amendment or extension or who requested
notification of Council meetings on the matter.
c. Oral argument or comment, if permitted, must be based on the evidence in the
record.
d. If oral argument or comment is permitted, each person will generally be allowed 5
minutes, unless there are extraordinary circumstances, in which case the
committee shall determine the amount of time to allow. The party who filed an
appeal goes first and may reserve a portion of time for rebuttal. The committee
may ask questions or extend the time for argument at the discretion of the
committee chair.
e. After the oral argument or comment, if allowed, the committee may discuss the
merits and vote at this meeting on its recommendation to the Council, or it may
continue consideration of the matter to a subsequent committee meeting to discuss
the merits and vote.
f. The committee may recommend:
i. that the Council approve, approve with conditions, modify, or deny the quasijudicial action; or
ii. that the Council remand the application if it has voted to supplement the
record and determines that the Hearing Examiner, DPD, Department of
Neighborhoods (DON), or Director of Housing should reconsider the
application in light of the new evidence; or
iii. that the Council remand the application for additional information or a new
proposal or both, only for a major institution master plan, an amendment to a
major institution master plan, or renewal of a major institution master plan
development plan component.

15

Exhibit A to LEG Council QJ Rules 2015 Resolution

 Martha Lester
LEG Council QJ Rules 2015 RES Exh A
June 8, 2015 v#6

4. Site visit. A Councilmember may visit the location of a quasi-judicial proposal to
better understand the evidence in the record, but a Councilmember shall not make any
findings, conclusions, or decisions based on information learned during a site visit,
and shall not go onto private property without the permission of the owner. A
Councilmember shall not engage in ex parte communication during a site visit.
5. Standard of Review.
a. In any quasi-judicial action, the Council shall apply applicable law and the
decision shall, except as specified in subsection VI.C.5.b of these rules or unless
otherwise specified by law, be supported by substantial evidence in the record.
b. For an appeal of an individual's final assessment for a Local Improvement
District, the Hearing Examiner's or designated officer’s decision shall be accorded
substantial weight and the burden of establishing the contrary is upon the
appealing party. The Council may adopt or reject, in whole or in part, the
findings, recommendations, and decision of the Hearing Examiner or designated
officer or make such other disposition of the matter as is authorized by RCW
35.44.100 and SMC Section 20.04.090.B.
VII. PREPARATION AND TRANSMITTAL OF COMMITTEE RECOMMENDATION
TO COUNCIL
A. Preparation of Recommendation. After the committee votes on a recommendation,
Council staff shall prepare:
1. proposed findings of fact and conclusions of law and a proposed decision for Council
based on the committee’s recommendation;
2. a report explaining each position, proposed alternative findings and conclusions, and
a proposed decision based on the record for each position, if the committee vote is
divided; and
3. an ordinance and any related documents, if an ordinance is required.
B. Transmittal of Committee's Recommendation to Council. Council staff shall make the
documents listed in subsection VII.A of these rules available to the Council prior to any
vote.
C. Introduction of Ordinance. If an ordinance is required, it shall be introduced according to
Council procedures, except that it does not require Councilmember sponsorship.

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Exhibit A to LEG Council QJ Rules 2015 Resolution

 Martha Lester
LEG Council QJ Rules 2015 RES Exh A
June 8, 2015 v#6

D. Execution of PUDA. Any PUDA or amendment to a PUDA shall be executed by all legal
and beneficial owners of the property that is the subject of the contract rezone prior to
any Council vote.
VIII. COUNCIL ACTION
A. The Council shall make its decision based solely on the evidence in the record.
B. No public comment addressing the merits of a quasi-judicial action is permitted at any
Council meeting. If public comment does occur, the substance of the comment may not
be considered by the Council in making its decision.
C. The Council may approve, approve with conditions, modify, remand, or deny the quasijudicial action. The Council may remand the application only if:
1. the committee voted to supplement the record and determined that the Hearing
Examiner, DPD, DON, or Director of Housing should reconsider the application in
light of the new evidence; or
2. for a major institution master plan, an amendment to a major institution master plan,
or renewal of a major institution master plan development plan component, the
committee determined that there is need for additional information or a new proposal
or both.
D. The Council shall adopt written findings of fact and conclusions to support its decision.
E. Council decisions.
1. Decisions on the following quasi-judicial actions are made by ordinance:
a. An amendment to the official land use map;
b. An amendment to a PUDA;
c. Adoption of, or a major amendment to, a major institution master plan, or renewal
of a major institution master plan development plan component;
d. An appeal of the Hearing Examiner's recommendation on controls and incentives
for a designated Seattle landmark; and
e. An extension of a Type IV Land Use Decision originally adopted by ordinance.
2. Decisions on the following quasi-judicial actions are not made by ordinance:
a. A Council conditional use;
b. A public project approval;
c. An appeal of an individual's final assessment for a Local Improvement District;

17

Exhibit A to LEG Council QJ Rules 2015 Resolution

 Martha Lester
LEG Council QJ Rules 2015 RES Exh A
June 8, 2015 v#6

d. An appeal of the Director of Housing’s denial of an application for a multifamily
housing property tax exemption; and
e. An extension of a Type IV Land Use Decision not originally adopted by
ordinance.
F. The Council’s decision on a Type IV Land Use Decision, to the extent such information
is available to the Council, shall contain the name and address of the owner of the
property, of the applicant, and of each person who filed an appeal with the Council,
unless such person abandoned the appeal or such person’s claims were dismissed before
the hearing.
G. If the Council remands a proposed new or amended major institution master plan or the
renewal of a major institution master plan development plan component, Council staff
will send to the major institution the request for additional information or a new proposal
or both on the issue that was not adequately addressed.
IX. ACTIONS AFTER COUNCIL DECISION
A. Transmittal of Council Decision.
1. The City Clerk shall prepare a letter of transmittal to accompany the findings of fact,
conclusions, and decision. The letter shall state the time and place for seeking judicial
review. The Council's decision is issued, for purpose of seeking judicial review
pursuant to the Land Use Petition Act, on:
a. the date that the Council passed the ordinance for decisions made by ordinance; or
b. the date three days after a copy of the decision is transmitted by the City Clerk for
decisions not made by ordinance.
2. The City Clerk shall promptly provide the letter of transmittal and a copy of the
Council's findings of fact, conclusions, and decision to:
a. For a Type IV Land Use Decision, an appeal of an individual’s final assessment
for a Local Improvement District, or an appeal of the Hearing Examiner's
recommendation on controls and incentives for a designated Seattle landmark: the
Hearing Examiner and all parties of record.
b. For an appeal of the Director of Housing’s denial of an application for a
multifamily housing property tax exemption, a minor amendment to a PUDA, or
an extension of a Type IV Land Use Decision: all parties of record.

18

Exhibit A to LEG Council QJ Rules 2015 Resolution

 Martha Lester
LEG Council QJ Rules 2015 RES Exh A
June 8, 2015 v#6

B. Shoreline Reclassification. For a shoreline environment reclassification, DPD shall file a
copy of the Council's findings, conclusions, and decision with the State Department of
Ecology. A shoreline environment reclassification is not effective until approved by the
Department of Ecology.
C. Recording of PUDA. The City Clerk shall record any executed PUDA with the King
County Recorder as soon as practicable, and no later than 30 days after the passage of the
ordinance.
D. Local Improvement District. The City Clerk shall file the original Council decision in the
record of the Local Improvement District.
X. EFFECT OF COUNCIL DECISION
A. The Council's decision is final and conclusive unless the Council retains jurisdiction.
Unless the decision is reversed or remanded on appeal, the Director of DPD, DON,
Director of Housing, and other departments are bound by the Council’s decision and shall
incorporate the terms and conditions of the Council's decision in any permit issued to the
applicant or in approved plans.
B. No ordinance confirming an assessment roll for a Local Improvement District shall be
enacted by the Council until all appeals to the City Council about the assessment roll are
decided.
XI. MAINTENANCE OF RECORD OF QUASI-JUDICIAL PROCEEDING
The City Clerk shall maintain the official record of the Council's decision in a quasi-judicial
matter. The following documents shall be included in the official record of a quasi-judicial
Council action addressed by these rules:
A. If there is one, the Hearing Examiner's record, including exhibits, and recordings and
transcripts of hearings. However, the City Clerk shall maintain oversize exhibits only for
a period of three months after the Council's decision, or, if a judicial appeal is filed, until
such time as the judicial appeal is resolved. After the three months or the resolution of
any judicial appeal, the City Clerk may substitute photographs of oversize exhibits for the
oversize exhibits and may destroy the oversize exhibits unless the party who submitted
the oversize exhibits requests that they be returned.
B. Any evidence admitted by the Council to the substantive record as a result of a request to
supplement the record;

19

Exhibit A to LEG Council QJ Rules 2015 Resolution

 Martha Lester
LEG Council QJ Rules 2015 RES Exh A
June 8, 2015 v#6

C. For a minor amendment to a PUDA or a request to extend a Type IV Land Use Decision,
the materials submitted to DPD and the DPD recommendation, and any additional
information used by the Council;
D. The Council's procedural record; and
E. The Council's findings, conclusions, and decision.

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Exhibit A to LEG Council QJ Rules 2015 Resolution