HomeMy WebLinkAboutORD 6149
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 6149
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING PROJECT
REVIEW REGULATIONS IN SECTION 4-1-140, SUBSECTION 4-6-070.G, SECTION 4-
8-010, SUBSECTIONS 4-8-050.A, 4-8-050.B, 4-8-050.D, 4-8-060.B, 4-8-060.C, 4-8-
060.E, 4-8-060.G, 4-8-080.A THROUGH 4-8-080.F, 4-8-090.D AND 4-8-100.C OF
THE RENTON MUNICIPAL CODE; REPEALING SECTION 4-8-040; AUTHORIZING
CORRECTIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City seeks to amend permit review procedures and time period regulations
in accordance with Second Substitute Senate Bill (SB) 5290 – 2023-24, which includes major
changes to the Local Project Review Act related to streamlining and consolidating local permit
review processes; and
WHEREAS, SB 5290 was signed into law on May 8, 2023, assigned Chapter 338 of 2023
Session Laws, section 7 of which amends RCW 36.70B.080 effective January 1, 2025 and all
citations in this ordinance are to to amended RCW 36.70B.080, effective January 1, 2025; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on August 30, 2024, the City notified the State
of Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on September 18, 2024,
considered all relevant matters, and heard all parties in support or opposition, and subsequently
forwarded a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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SECTION I. All portions of the Renton Municipal Code in this ordinance that are not
shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect
and unchanged.
SECTION II. Section 4-1-140 of the Renton Municipal Code is amended as follows:
4-1-140 REFUND OF DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT FEES:
A. AUTHORITY TO REFUND FEES:
The Administrator may authorize the refunding of all or a portion of the fees
paid hereunder which were erroneously paid or collected, or where the permit
review time exceeds those established in RMC 4-8-080.E, Permit Review Time
Periods.
B. AMOUNT REFUNDED:
1. Land Use Permit Application Fee: Based upon an evaluation of the
amount of work expended, the Administrator may authorize the refunding of not
more than eighty percent (80%) of the permit fee paid when no substantial
processing work has been done on the application.
2. Building and Public Works Application Fees: The Administrator may
authorize the refunding of fees paid when an application is withdrawn or cancelled
before any substantial work effort has been expended.
3. Exceeding Permit Review Time Periods: If the permit review time
exceeds those established in RMC 4-8-080.E, Permit Review Time Periods, a
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portion of the application fee shall be refunded, pursuant to RCW
36.70B.080(1)(l).
C. METHOD OF OBTAINING REFUND AND TIME:
The Administrator shall not authorize the refunding of any fee paid except
upon written application filed by the original permittee not later than one
hundred eighty (180) days after the date of the fee payment, except in cases
where the permit review time periods are exceeded, as indicated in subsection
B.3 of this Section. In cases where permit review time periods are exceeded, the
Department shall initiate and authorize the applicable refund, pursuant to RCW
36.70B.080(1)(l).
SECTION III. Subsection 4-6-070.G of the Renton Municipal Code is amended as
follows:
G. RECONSIDERATION OF CONCURRENCY TEST:
1. Notification Required: Prior to a final recommendation or decision to
deny a development activity permit application due to failure of the concurrency
test, the Department shall notify the project applicant in writing of the initial
concurrency test results.
2. Reconsideration Authorized: The Department shall allow an applicant
of a development activity that has failed an initial concurrency test to request an
administrative reconsideration of the concurrency test results or prepare a
modified project submission.
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3. Timing: Requests for reconsideration shall be made in writing within ten
(10) calendar days of the Department’s written notification. Requests for
reconsideration shall be directed to the Department Administrator, and be filed
with the Development Services Division counterDepartment no later than 5:00
p.m. of the tenth day.
4. Options to Achieve Concurrency: The Department shall allow an
applicant to submit alternative data, provide a traffic mitigation plan, or reduce
the size of the project in order to achieve concurrency.
5. One Hundred Twenty (120) DayPermit Review Time Limit Period
Suspended: Upon receipt of a request for reconsideration, the applicable permit
review time period one hundred twenty (120) day permit review time limit
established in RMC 4-8-080.E, Permit Classification Review Time FramesPeriods,
shall be suspended temporarily until the decision date to allow an applicant to
prepare any supplemental information, and to allow Department review of the
request for reconsideration and data submitted.
SECTION IV. Section 4-8-010 of the Renton Municipal Code is amended as follows:
4-8-010 PURPOSE AND INTENT
The purpose and intent of this Chapter is to establish standard procedures for
all land use and development applications in order to provide for an integrated
and consolidated land use permit and environmental review process. It is further
the purpose of this Chapter to combine and expedite development review to
eliminate redundancy and minimize delays, to establish timelines for notifying the
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public of land use applications, to revise establish hearing requirements to allow
one open record hearing and one closed record appeal hearing, and to provide
that final decisions on for development proposals be made within one hundred
twenty (120) days of the date of the letter of completeness the applicable permit
review time period established in RMC 4-8-080.E, Permit Review Time Periods,
except for development specifically exempted under this Chapter.
The mandatory nature of the one hundred twenty (120) day processing time
permit review time periods notwithstanding, it is neither the intent nor the
purpose of this Chapter to establish a claim or remedy for a delay in the final
decision of a permit beyond one hundred twenty (120) days the time periods
established in RMC 4-8-080E, Permit Review Time Periods.
SECTION V. Section 4-8-040 of the Renton Municipal Code is repealed in its entirety.
SECTION VI. Subsections 4-8-050.A through 4-8-050.B of the Renton Municipal Code
are amended as follows:
A. STATE AUTHORITY:
RCW 36.70B.140 allows a local government to exclude certain project permits
from procedure and permit review time limit period requirements. This Section
deals with exemptions from State-mandated notice requirements. Permit types
listed below may and often do have City Code requirements for review,
notification, and appeal beyond State requirements.
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B. EXEMPTIONS FROM CITY GOAL OF ONE HUNDRED TWENTY (120) DAY THE
PERMIT REVIEW PROCESS TIME PERIODS FOR CERTAIN ACTIONS REQUIRING
MORE TIME:
RCW 36.70B.140 provides that local governments may determine that there are
“special circumstances” relative to certain actions or processes that warrant a
different review process than that set forth in State law. Therefore, the City
exempts the following actions from the permit review time periods established in
RMC 4-8-080.E, Permit Review Time Periods, since they these actions typically
require more than one hundred twenty (120) days time to process than provided
in the permit review time periods, or would be deemed emergencies:
1. Comprehensive Plan amendments with or without any other associated
land use application such as a rezone,
2. Renton Municipal Code amendments,
3. Annexations,
4. Planned unit developments,
5. Development agreements,
6. Environmental impact statements,
7. Temporary emergency wetland permit,
8. Declared emergency under SEPA,
9. Street vacations,
10. Any project once it is appealed to the Hearing Examiner and/or City
Council.
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11. Any project once it becomes the subject of a petition under the Land
Use Petition Act,
12. Any project that is determined by the Mayor to present extenuating
circumstances which would require more time to process than one hundred
twenty (120) days to process provided in RMC 4-8-080.E, Permit Review Time
Periods.
SECTION VII. Subsection 4-8-050.D of the Renton Municipal Code is amended as
follows:
D. EXEMPTIONS FROM STATE NOTIFICATION AND PROCEDURAL
REQUIREMENTS FOR PERMIT APPLICATIONS NOT SUBJECT TO ENVIRONMENTAL
REVIEW:
RCW 36.70B.140 allows local governments to exclude certain approvals and
building and engineering permits from the public notification and procedural
requirements of the statute if they are categorically exempt from environmental
review or if environmental review has already been completed at an earlier stage.
However, the City’s one hundred twenty (120) day maximum processing time
permit review time periods established in RMC 4-8-080.E, Permit Review Time
Periods, would still apply. Therefore, the City exempts the following actions from
the public notification and procedural requirements since they are typically
processed very quickly and would be considerably delayed by imposition of a
public comment period(s).
1. Building and grading permits (SEPA exempt),
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2. Business licenses for home occupations,
3. Planning/Building/Public Works administrative variances (i.e., driveway
grade),
4. Fire installation/construction permits,
5. Electrical, mechanical, plumbing, sign and special fence permits,
6. Lot line adjustments,
7. Final plats,
8. Minor amendments (less than ten percent (10%)) to a previously
approved site plan,
9. Occupancy permits,
10. Open space, agricultural and timber lands current use assessment,
11. Public art exemption certificate,
12. Routine vegetation management permits (SEPA exempt),
13. Shoreline exemptions,
14. Temporary use permits (SEPA exempt), but not exempting sign
requirements,
15. Water, sewer, storm drainage, roadway permits (SEPA exempt),
16. Other SEPA exempt actions/activities as outlined in WAC 197-11-800.
SECTION VIII. Subsections 4-8-060.B through 4-8-060.C of the Renton Municipal Code
are amended as follows:
B. VESTING OF APPLICATION:
See RMC 4-1-045, Vesting Regulations, as it exists or may be amended.
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C. APPLICATION LOCATION:
All land use, building, and public works applications addressed in this Title shall
be filed with the Development Services Division Department. All fire permits shall
be filed with the Renton Regional Fire Department Authority.
SECTION IX. Subsection 4-8-060.E of the Renton Municipal Code is amended as
follows:
E. MULTIPLE PERMIT APPLICATION SUBMITTAL REQUIREMENTS MATERIALS
FORMATTING:
Application materials shall be formatted to meet the City’s current Electronic
File Standards available through the Department or the City’s website. Where
submittal requirements are duplicated for various types of permit applications, an
applicant shall be required to submit only the largest (not total) number of copies
required. For example, an application for a site plan approval with associated
variance would require only twelve (12) copies even though the submittal chart
indicates that site plan approval requires twelve (12) copies and the variance
requires ten (10) copies.
SECTION X. Subsection 4-8-060.G of the Renton Municipal Code is amended as
follows:
G. LETTER OF COMPLETENESS DETERMINATION OF COMPLETE
APPLICATION:
Upon finding an application is complete according to procedures and
requirements of RMC 4-8-120, the Development Services Division Department will
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provide a letter of completeness written determination of complete
application to the applicant and property owner(s), as provided in RMC 4-8-100C,
Determination of Complete Application.
SECTION XI. Subsections 4-8-080.A through 4-8-080.F of the Renton Municipal Code
are amended as follows:
A. PURPOSE:
The purpose of this Section is to outline the procedure and time requirements
for the various development applications reviewed by the City. All development
applications are classified and processed according to one of eleven (11) types of
the land use permit procedures, as identified in subsection G of this Section.
B. REVIEW PROCESS BASED UPON APPLICATION TYPE:
Subsection G of this Section lists the development applications and explains
the basic steps in the review process. This table also outlines the responsible
review authority. More specific details regarding specific land use application
procedures and decision criteria are located in chapter 4-9 RMC, Permits –
Specific. If the code does not expressly provide for review according to one of the
six (6) types of permit review procedures in subsection G, and another specific
procedure is not required by law, the Administrator shall classify the application.
C. CONSOLIDATED REVIEW PROCESS FOR MULTIPLE PERMIT APPLICATIONS:
1. Consolidation Process Resulting in a Single Open Record Public
Hearing: An applicant seeking approval of multiple permits with varying review
and decision authority shall consolidate the applications for a single review
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process. Consolidated review shall provide for only one open record hearing and
no more than one closed record appeal period. Appeals of environmental
determinations shall be consolidated except when allowed to be part of separate
hearings in accordance with RCW 43.21C.075, Appeals, and WAC 197-11-680,
Appeals. Where hearings are required for permits from other local, State, regional,
or Federal agencies, the City will cooperate to the fullest extent possible with the
outside agencies to hold a single joint hearing.
2. Review Authority for Multiple Permit Applications: Where more than
one land use permit application is required for a given development, an applicant
may file all related permit applications concurrently, pay appropriate fees, and the
processing may be conducted under the consolidated review process. Where
required permits are subject to different types of permit review procedures, then
all the applications are subject to the highest-number procedure, as identified in
subsection G of this Section, and highest level of review authority, as identified in
RMC 4-8-070, that applies to any of the applications. Appeals of environmental
determinations shall be consolidated except when allowed to be part of separate
hearings in accordance with RCW 43.21C.075, Appeals, and WAC 197-11-680,
Appeals.
3. Exceptions to Consolidated Review: The following permits or approvals
are exempt from the consolidated review process:
a. Type V and Type VI Land Use Permits;
b. Approvals relating to the use of public areas or facilities; and
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c. Other project permits, whether administrative or quasi-judicial, that
the City by ordinance or resolution has determined present special circumstances
that warrant a review process or time periods for approval which are different
from that provided by this Section.
E. PERMIT REVIEW TIME PERIODS FRAMES:
For permit types I through IV, the timelines include the statutory requirement
that requires the issuance of a letter of completeness within twenty-eight (28)
days of the application submittal, pursuant to RCW 36.70B.070(1), and the
provision for final decisions on permits within one hundred twenty (120) days of
receipt of a complete application final decisions for permits shall be issued within
the permit review time period applicable to the permit type, as shown in the
following table, unless the applicant or property owner(s) consents to an
extension of such time period. The number of days an application is in review shall
be calculated (counting every calendar day) from the day permit application
completeness is determined, as provided in RMC 4-8-100.C, Determination of
Complete Application, to the date a final decision is issued on the project permit
application, excluding time periods identified in subsection F of this Section. If a
project application is substantially revised by an applicant, the one hundred
twenty (120) day applicable time period shall start again after the revised project
application is determined to be complete. Development applications that are
specifically exempted under RMC 4-8-050, Exemptions from State Process
Requirements, are not subject to this time frame Any written notice from the
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Department to the applicant and property owner(s) that indicates additional
information is required to further process the application shall include a notice
that nonresponsiveness for 60 consecutive days may result in 30 days being added
to the time for permit review, pursuant to RCW 36.70B.080(1)(i).
PERMIT TYPE REVIEW TIME PERIOD
TYPE I 65 days
TYPE II 100 days
TYPE III 170 days
TYPE IV 170 days
F. EXCLUSIONS FROM ONE HUNDRED TWENTY (120) DAY TIME LIMIT PERMIT
REVIEW TIME PERIODS:
In determining the number of days elapsed since the applicant was notified
that the application is complete, the following periods shall be excluded from
permit review time periods identified in subsection E of this Section (“stopping the
clock”):
1. Exemptions from State Process Requirements: Development
applications that are specifically exempted under RMC 4-8-050, Exemptions from
State Process Requirements, are not subject to the permit review time periods.
12. Revisions/Additional Information Required: The time period in which
an applicant has been requested by the Department to correct plans, perform
required studies, or provide additional information. The period shall be calculated
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from the date the Department notifies the applicant in writing of the need for
additional information until: (a) the date the Department determines the
additional information satisfies the request for information, or (b) fourteen (14)
days after the date acceptable information has been provided to the City,
whichever is earlier. If the Department determines that the information submitted
is insufficient, it shall notify the applicant of the deficiencies and the review clock
will remain stopped.
3. Administrative Appeals or Reconsiderations: Any period after an
administrative appeal or reconsideration is filed until the administrative appeal or
reconsideration is resolved.
24. EIS Preparation: A period of two hundred fifty (250) days for the
preparation of a draft environmental impact statement (DEIS), following a
determination of significance. This time frame shall commence after the final
scoping of the DEIS is complete.
35. Applicant Agreements: Any time extension mutually agreed in writing
upon by the applicant or property owner(s) and the Department.
SECTION XII. Subsection 4-8-090.D of the Renton Municipal Code is amended as
follows:
D. NOTICE OF DEVELOPMENT APPLICATION:
1. Applicability: A notice of application is not required for actions classified
as a Type 1 land use procedure under RMC 4-8-080.G, and for actions specifically
exempted under RMC 4-8-050, Exemptions from State Process Requirements, but
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is required for all land development permit applications subject to notice
requirements.
2. Timing: Within fourteen (14) days of issuing a letter of completeness
under determination of complete application pursuant to RMC 4-8-100.C, Letter
of Completeness Determination of Complete Application, the City shall issue a
notice of development application. The notice shall, at minimum, include the
following:
a. Applicant and/or owner name;
b. Project name and City file number;
c. Date of application acceptance, date of the notice of completion for
the application, and the date of the notice of development application;
d. Project location;
e. Project description;
f. A listing of all project permits/approvals requested with the
application and identification of other permits not included in the application, to
the extent known by the City;
g. The date the fourteen (14) day public comment period expires A
listing of any studies required by the City for procedural review of the application;
h. A statement officially declared by the Administrator that explains
how persons can obtain more information about the project from the Department
and become a party of record. Identification of any existing environmental
documents that evaluate the proposed project;
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i. The date, time, and place of a public hearing, if one has been
scheduled A statement of the fourteen (14) day public comment period, including
the first and last date and time by which written public comment may be
submitted, and statements of the right of any person to comment on the
application;
j. The date, time, and place of a public hearing, if one has been
scheduled;
k. A statement officially declared by the Administrator that explains
how persons can obtain more information about the project from the
Department, the right of any person to receive notice of and participate in any
hearings, request a copy of the decision once made, and any appeal rights;
l. A statement officially declared by the Administrator providing
preliminary determination, if one has been made at the time of notice, of those
development regulations that will be used for project mitigation and of
consistency as provided in RCW 36.70B.030 and 36.70B.040; and
m. The location where the project application and any applicable
studies can be reviewed.
3. Notice: Notices of development application shall be provided as follows:
a. Notice shall be mailed to property owners owner(s) within three
hundred feet (300') of the boundaries of the subject property; and
b. Notice shall be posted on the City of Renton’s webpage for the
Community and Economic Development Department – Planning Division.
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SECTION XIII. Subsection 4-8-100.C of the Renton Municipal Code is amended as
follows:
C. LETTER OF COMPLETENESS DETERMINATION OF COMPLETE APPLICATION:
1. Timing: Pursuant to RCW 36.70B.070(1), Within within twenty eight (28)
days after receipt of an application, the Department shall provide a written
determination that the application is deemed complete or incomplete according
to the submittal requirements as listed in RMC 4-8-120.A, B, or C, and any site-
specific information identified after a site visit. In the absence of a written
determination, the application shall be deemed complete.
2. Authority and Standards for Determination of Complete Land Use
Applications:
a. Application Completeness: The Administrator shall have the
authority to determine if a land use application is complete or incomplete.
b. Complete Submittal Requirements: Any land use application
submitted to the Department shall demonstrate compliance with all applicable
sections of RMC 4-8-120.C.
c. Conformity with Renton Municipal Code: Any land use application
submitted to the Department shall demonstrate reasonable conformance with all
applicable provisions of the RMC. If any land use application is determined by the
Administrator to include uses or characteristics which are prohibited by, or in
violation of, the RMC the Administrator is not obligated to accept the application.
3. Incomplete Applications:
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a. Notice of Incomplete Application: If an application is determined
incomplete, the necessary materials for completion shall be specified in writing to
the contact personapplicant and property owner(s).
b. Notice of Complete Application or Request for Additional
Information: Within fourteen (14) days of submittal of the information specified
as necessary to complete an application, the applicant will be notified whether the
application is complete or what additional information is necessary. The maximum
time for resubmittal shall be within ninety (90) days of written notice.
c. Time Extensions: In such circumstances where a project is complex
or conditions exist that require additional time, the Administrator may allow the
applicant, contact person and/or property owner(s) additional time to provide the
requested materials. When granted, extension approvals shall be provided in
writing.
4. Additional Information May Be Requested: A written determination of
completeness complete application does not preclude the Department from
requesting supplemental information or studies, if new information is required to
complete review of an application or if significant changes in the permit
application are proposed. The Department may set deadlines for the submittal of
supplemental information. Any written notice from the Department to the
applicant and property owner(s) that indicates additional information is required
to further process the application shall include a notice that nonresponsiveness
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for 60 consecutive days may result in 30 days being added to the time for permit
review, pursuant to RCW 36.70B.080(1)(i).
5. Expiration of Complete Land Use Applications: Any land use application
type described in RMC 4-8-080 that has been inactive due to nonresponsiveness
from the applicant and property owner(s), and where neither an administrative
decision has not been made or has not been reviewed by the nor Hearing
Examiner decision have been made, in a public hearing shall become null and void
six (6) months after a certified written notice is mailed provided to the applicant,
contact person, and property owner(s), unless other time limits are prescribed
elsewhere in the Renton Municipal Code or other codes adopted by reference.
6. Extension of Complete Application: A one-time, one-year extension
may be granted if a written extension request is submitted prior to the expiration
date identified in the certified notice and the applicant, contact person, or
property owner(s) haves demonstrated due diligence and reasonable reliance
towards project completion. In consideration of due diligence and reasonable
reliance the Administrator shall consider the following:
a. Date of initial application;
b. Time period the applicant had to submit required studies;
c. Availability of necessary information;
d. Potential to provide necessary information within one (1) year;
e. Applicant’s rationale or purpose for delay; and