In an Aug. 21, 2026, special meeting, the Bellingham City Council announced its unanimous decision to uphold the Hearing Examiner’s decision approving the preliminary plat and associated permits with conditions.
The decision states the following:
It is important to emphasize the narrow and purely quasi-judicial role the City Council plays in this appeal. This proceeding is not a vote on whether the Council favors the development, nor is it an opportunity for the Council to redesign the project or to signal whether it agrees with the concerns the Appellant has raised. Under the Bellingham Municipal Code, the Council cannot consider new evidence on this appeal and is required to affirm the Hearing Examiner’s decision, so long as it is supported by substantial evidence and is not contrary to law.
The Council recognizes that the Appellant brought this challenge in good faith, driven by a genuine care for the local environment and the future of our community. The Council does not take these concerns lightly, and today’s decision is in no way a reflection of indifference to them. However, the Council’s authority is strictly limited to a single legal question: Has the Appellant met its burden of proof to demonstrate that Hearing Examiner Rice’s decision was contrary to law or unsupported by substantial evidence?
Based upon the Findings and Conclusions set forth above, the City Council concludes that the Appellant has not met its burden to show that Hearing Examiner Rice’s decision is erroneous.
Accordingly, the decision of Hearing Examiner is hereby AFFIRMED.”
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A video recording of the special meeting is on our YouTube page.
