HomeMy WebLinkAbout01/15/2025 - Agenda Packet
AGENDA
Planning Commission Meeting
6:00 PM - Wednesday, January 15, 2025
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
1. CALL TO ORDER
2. ROLL CALL
3. CORRESPONDENCE RECEIVED
4. AUDIENCE COMMENT - NON-AGENDA ITEMS
1. Virtual Attendees
2. In-person Attendees
Those attending virtually (Call 253-215-8782, Zoom meeting ID: 880 3465 9736, Password:
Weplan2024 or
https://us06web.zoom.us/j/88034659736?pwd=z1TyxJNsMEloal0MglAamlJkjbnLaR.1) will be
offered an opportunity to speak before the in-person (physical meeting at the City Hall, 7F
Council Chambers) comments are completed.
Please use your device to raise your (electronic) hand in order to be recognized by the
Recording Secretary.Each speaker will be provided three (3) minutes to address an item.
Groups or organizations are encouraged to select a spokesperson to speak on a group’s
behalf. Alternatively, interested parties are encouraged to provide written comments to
planningcommission@rentonwa.gov.
Attendees will be muted and not audible to the Commission except during times they are
designated to speak. Public can use the “Raise Hand” option if attending through video. If
there are others calling in, you can be called upon by the last 4 digits of your telephone
number. Phone instructions: *6 to mute/unmute, *9 to raise hand.
5. COMMISSIONER COMMENTS
6. ADMINISTRATOR'S REPORT
7. BRIEFING & PUBLIC HEARING: CITY ORDINANCE STREAMLINING LAND
USE APPEALS PROCESS
a)
8. COMMISSIONER COMMENTS
Page 1 of 29
9. ELECTION OF OFFICERS
10. COMMISSIONER COMMENTS
11. ADJOURNMENT
Hearing assistance devices for use in the Council Chambers are available upon request.
For more information please visit rentonwa.gov/planningcommission
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CITY OF RENTON
Community and Economic Development Department
#D: Land use appeal procedures. Item is not on current docket or work program.
Staff: Matt Herrera, Planning Director
Date: January 15, 2025
Applicant or Requestor: City Staff
_____________________________________________________________________________________
GENERAL DESCRIPTION: Proposed text amendments to Title IV “Development Regulations” that
would remove City Council’s role as a quasi-judicial appellate body hearing appeals of land use
decisions.
BACKGROUND: At the December 9, 2024, Renton City Council meeting, this item was referred to
Planning Commission to consider in a combined briefing/public hearing on January 15, 2025. The
proposed text amendments (Attachment A) are exempt from State Environmental Policy Act (SEPA)
review as it is a procedural action meeting Categorical Exemption WAC 197-11-800(19).
The City’s current appeal procedures under Chapter 4-8 Renton Municipal Code (RMC) allow
project applicants, parties of record, and others with standing to appeal development permits that
are both issued administratively by the Community and Economic Development (CED)
Administrator and those permits issued by the Hearing Examiner following a public hearing.
Decisions issued by the Administrator are appealable to the Hearing Examiner in an open record
appeal. Currently, those with standing can further appeal the Hearing Examiner’s decision to the
City Council in a closed record appeal (see chart at RMC 4-8-080G). At that point, a party will have
exhausted the city’s administrative remedies and may then further appeal the City Council
decision to King County Superior Court. Development permits that are issued by the Hearing
Examiner directly, may also be appealed to City Council for a closed record hearing and decision,
with limited exceptions. After exhausting the city’s administrative remedies, a party may then
appeal the council’s decision to King County Superior Court.
The proposed ordinance and text amendment would remove the City Council from its current role
in hearing closed record appeals. This will have the effect of reducing the administrative remedies
and referring appeals of the Hearing Examiner directly to King County Superior Court.
As noted in the attached Agenda Bill Summary (Attachment A), the rationale for this change is that
the City Council’s primary role as a legislative body conflicts with the quasi-judicial nature of a
closed record appeal. Currently, to avoid an appearance of conflict in case a project is appealed
through the City Council, councilmembers are limited in their ability to discuss development
projects with constituents. In their roles as decision-makers related to appeals, councilmembers
are only allowed to consider evidence that was incorporated into the Hearing Examiner process
and are not allowed to hear new evidence or comments from the public.
As noted in the attached article from the Municipal Research and Services Center (MSRC)
(Attachment B), many jurisdictions have professional Hearing Examiners hold public hearings and
issue appeal decisions and have moved away from City Councils hearing appeals of Hearing
Examiner decisions. Further research by planning staff provides a sample of jurisdictions that have
AGENDA ITEM #7. a)
Page 3 of 29
appeals of Hearing Examiner decisions adjudicated by courts instead of city council: Everett,
Edmonds, Shoreline, Redmond, Kirkland, Bellevue, Mercer Island, Covington, Kent, Auburn,
Federal Way, Tacoma, and Lakewood.
The result of the proposed text amendments would maintain due process rights for appellants by
maintaining open record appeals via the Hearing Examiner and judicial appeals heard by King
County Superior Court. Additionally, councilmembers would then be free to discuss and engage
with concerned citizens, property owners, and business owners on development projects within
the city.
STAFF RECOMMENDATION: Amend Renton Municipal Code to remove the Renton City Council
from Closed Record Appeals as noted above and provided in the attached agenda bill and
proposed ordinance.
IMPACT ANALYSIS:
Effect on rate of growth, development, and conversion of land as envisioned in the Plan:
The proposed text amendments are procedural only and related to appeal procedures. There are
no anticipated effects on the rate of growth, development, and conversion of land.
Effect on the City’s capacity to provide adequate public facilities:
The proposed text amendments are procedural only and related to appeal procedures. There are
no anticipated effects on public facilities.
Effect on the rate of population and employment growth:
The proposed text amendments are procedural only and related to appeal procedures. There are
no anticipated effects on population or employment growth.
Whether Plan objectives are being met as specified or remain valid and desirable:
The proposed text amendments are procedural only and related to appeal procedures. There are
no anticipated effects on Plan objectives.
Effect on general land values or housing costs:
The proposed text amendments are procedural only and related to appeal procedures. There are
no anticipated effects on land values or housing costs.
Whether capital improvements or expenditures are being made or completed as expected:
Not applicable. The proposed text amendments are procedural only and related to appeal
procedures.
Consistency with GMA and Countywide Planning Policies:
Not applicable. The proposed text amendments are procedural only and related to appeal
procedures.
Effect on critical areas and natural resource lands:
The proposed text amendments are procedural only and related to appeal procedures. There are
no anticipated effects on critical areas or natural resource lands.
AGENDA ITEM #7. a)
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AB - 3719
City Council Regular Meeting - 09 Dec 2024
SUBJECT/TITLE: Consideration of Ordinance Streamlining Land Use Appeal Procedures
RECOMMENDED ACTION: Refer to Planning Commission and Planning & Development
Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Matt Herrera, Planning Director
EXT.: 6593
FISCAL IMPACT SUMMARY:
No known fiscal impact.
SUMMARY OF ACTION:
Agenda Bill Summary: Ordinance Streamlining Land Use Appeals Process
The Renton Municipal Code currently contemplates that the City Council act as a quasi-judicial appellate body
for appeals of most land use decisions.
Staff recommends adoption of an ordinance that streamlines the land use appeals process by removing the
City Council from hearing appeals of land use decisions. This change aims to improve efficiency and clarify the
Council's role in the city's governance.
Key Points:
Current System: Land use decisions are made by a professional hearing examiner, with appeals heard by the
City Council in a quasi-judicial closed record process.
Proposed Change: The proposed draft ordinance would eliminate the City Council's role in hearing these
appeals, making the hearing examiner's decision final and subject only to further challenge in King County
Superior Court.
Rationale for Change:
The City Council's primary role as a legislative body conflicts with the quasi-judicial nature of closed
record appeals
The Council is currently restricted from considering new evidence or testimony during appeals and not
allowed to change laws through the quasi-judicial process, limiting its ability to engage with
constituents' and risking creation of false expectations that it can act on such concerns
A professional hearing examiner is well-qualified to make these decisions, making the Council's review
unnecessary
Alignment with Other Cities: As discussed in the attached MRSC article, most cities with hearing examiner
systems have already removed their city councils from hearing land use appeals. City staff reviewed the codes
of several cities in King County and it appears that none of those surveyed contemplates closed record appeals
to their respective city councils for land use decisions. The cities that do contemplate City Council review of
land use applications appear limited to decisions that are intended to be treated as legislative decisions rather
AGENDA ITEM #7. a)
Page 5 of 29
than quasi-judicial closed record appeals (e.g. decisions on requests for changes in or interpretation of land
use designations).
EXHIBITS:
A. Draft Ordinance
B. MRSC Article regarding Quasi-Judicial Hearings
STAFF RECOMMENDATION:
To speed implementation of the proposed changes, staff recommends Council refer the proposed draft ordinance to the
Planning Commission and to schedule a public hearing before the Planning Commission at its next available meeting so
that it can make a recommendation to the City Council regarding adoption of the draft proposed ordinance, with or
without changes.
AGENDA ITEM #7. a)
Page 6 of 29
1
Draft Proposed Ordinance Streamlining Land Use Appeals 12/9/24 Council Referral
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, STREAMLINING LAND
USE APPEALS BY REMOVING CITY COUNCIL CLOSED RECORD APPEAL HEARINGS
FROM THE REVIEW PROCESS AND CLARIFYING REFERENCES TO THE APPEAL
PROCESS BY AMENDING SUBSECTIONS 4-3-010.F.2.e, 4-7-230.P, 4-8-070.H.1, 4-
8-070.I, 4-8-080.G, 4-8-110.A, 4-8-110.C, 4-8-110.E.4 AND 4-9-240.K.3 OF THE
RENTON MUNICIPAL CODE AND REPEALING 4-8-110.F OF THE RENTON
MUNICIPAL CODE; AUTHORIZING CORRECTIONS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City currently has a system in which parties of record to certain
permit applications, code enforcement actions, and land use appeals appear before a
professional land use hearing examiner, who gathers testimony and evidence from the
interested parties, creates findings of fact and conclusions of law upon which
professionally rendered decisions are made in accordance with applicable laws; and
WHEREAS, under the current system, after the professional hearing examiner
renders a decision, parties may appeal the hearing examiner decision to the City Council,
and the City Council’s decision is then generally subject to further challenge in King County
Superior Court; and
WHEREAS, the appeal to the City Council is a quasi-judicial closed record appeal,
which means the Council is not allowed to consider new evidence or testimony, but only
argument as to whether the professional hearing examiner’s decision was erroneous
based upon the evidence that was considered by the hearing examiner. Under this
process, the City Council is not allowed to consider any additional evidence or testimony
or have contacts with the parties of record about the appeal or underlying issues; and
AGENDA ITEM #7. a)
Page 7 of 29
ORDINANCE NO. ________
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Draft Proposed Ordinance Streamlining Land Use Appeals 12/9/24 Council Referral
WHEREAS, the City Council is a legislative body, which strives to be responsive to
its constituents and listen to their concerns in order to take legislative actions, such as
passing new laws, amending existing laws, or appropriating budget resources to impact
the operations of the City. However, when the Council sits in its quasi-judicial capacity, it
is not allowed to consider concerns that are outside of the hearing examiner record and
it is required to render a decision based upon how existing laws apply to the individual
circumstances of the matter being appealed. It cannot rendered a decision based upon
what it thinks the law should have been or even what it has changed the law to after the
underlying matter vested to certain standards; and
WHEREAS, this inability to engage with constituents' conflicts with the Council's
primary legislative role, and that limitation is unnecessary in light of fact that it has hired
a professional hearing examiner to make decisions for which the hearing examiner is well
qualified to make; and
WHEREAS, most or all other cities that have adopted a hearing examiner process
do not include an appeal process to their city councils; 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 ______[DATE], 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 ________[DATE],
considered all relevant matters, and heard all parties in support or opposition, and subsequently
forwarded a recommendation to the City Council;
AGENDA ITEM #7. a)
Page 8 of 29
ORDINANCE NO. ________
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Draft Proposed Ordinance Streamlining Land Use Appeals 12/9/24 Council Referral
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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. Subsection 4-3-010.F.2.e of the Renton Municipal Code is amended as
follows:
e. Appeals: Rights to appeal the decision are governed by the provisions of
RMC 4-8-110E8 and F6.
SECTION III. Subsection 4-7-230.P of the Renton Municipal Code is amended as follows:
P. APPEALS:
See RMC 4-8-110H.
SECTION IV. Subsection 4-8-070.H.1 of the Renton Municipal Code is amended as
follows:
1. Authority: The Hearing Examiner shall review and act on the following:
a. Appeals of administrative decisions/determinations (including, but not
limited to, parking, sign, street, tree cutting/routine vegetation management
standards, and Urban Center Design Overlay District regulations) and ERC
decisions, excepting determinations of whether an application is a bulk storage
facility which shall be appealable to the City Council,
b. Appeals relating to RMC 4-5-060, Construction Administrative Code,
AGENDA ITEM #7. a)
Page 9 of 29
ORDINANCE NO. ________
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Draft Proposed Ordinance Streamlining Land Use Appeals 12/9/24 Council Referral
c. Bulk storage special permit and variances from the bulk storage
regulations,
d. Conditional use permit,
e. Dedications of property for public purposes,
f. Fill and grade permit, special,
g. Master Plan review (overall plan) and major amendments to an overall
Master Plan,
h. Mobile home parks, preliminary and final,
i. Planned urban development, preliminary,
j. Preliminary plats and major amendments to plats,
k. Shoreline conditional use permit,
l. Shoreline variance,
m. Site plan approvals requiring a public hearing,
n. Special permits,
o. Temporary use permits, tier III Temporary Homeless Encampments,
p. Variances from wireless communication facility development standards,
the provisions of the subdivision regulations, and variances associated with a
development permit that requires review by the Hearing Examiner, and
q. Building permits submitted in conjunction with any of the above.
SECTION V. Subsection 4-8-070.I of the Renton Municipal Code is amended as follows:
I. CITY COUNCIL:
The City Council shall review and act on the following:
AGENDA ITEM #7. a)
Page 10 of 29
ORDINANCE NO. ________
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Draft Proposed Ordinance Streamlining Land Use Appeals 12/9/24 Council Referral
1. Annexations,
2. Appeals of Hearing Examiner decisions (any appeal from a Hearing
Examiner’s decision, whether an appeal from an administrative determination or
an original decision, shall be appealable to the City Council pursuant to RMC 4-8-
110E8),
3 Appeals of staff determinations of whether or not a proposal is considered a
bulk storage facility,
4 3. Comprehensive Plan map or text amendment,
5 4. Dedications of property for public purposes,
6 5. Development and zoning regulations text amendment,
7 6. Release of easements,
8 7. Rezones with associated Comprehensive Plan amendment,
9 8. Rezones with associated Comprehensive Plan map or text amendment,
10 9. Street vacations,.
SECTION VI. Subsection 4-8-080.G of the Renton Municipal Code is amended as shown in
Attachment A.
SECTION VII. Subsection 4-8-110.A of the Renton Municipal Code is amended as follows:
A. SCOPE AND PURPOSE:
This Section provides the basic procedures for processing appeals to the
Hearing Examiner and City Council of land use and development-related decisions.
Specific requirements are based upon the type/level of appeal and the appeal
authority.
AGENDA ITEM #7. a)
Page 11 of 29
ORDINANCE NO. ________
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Draft Proposed Ordinance Streamlining Land Use Appeals 12/9/24 Council Referral
SECTION VIII. Subsection 4-8-110.C of the Renton Municipal Code is amended as follows:
C. GENERAL INFORMATION APPLICABLE TO APPEALS:
The following applies to appeals to the Hearing Examiner and City Council
unless otherwise provided elsewhere in the RMC or by state law:
1. Standing: Only the applicant, City or a person who has been made a party
of record prior to the issuance of a decision may appeal the decision. In order to
appeal, the person shall be aggrieved or affected by the decision pursuant to
RCW 36.70C.060.
2. Time to File: Except for final EIS decisions, all appeal periods shall be
fourteen (14) calendar days, which shall begin either three (3) calendar days after
the date of mailing of the decision to the parties of record via U.S. Postal mail by
the City Clerk, or the date the decision is electronically transmitted, posted or
emailed to the appellant and parties of record by the City Clerk, if such electronic
transmittal method has been previously approved or agreed to by the parties. The
appeal period for a final EIS shall be twenty (20) calendar days from the publication
of the final decision.
3. Required Form for and Content of Appeals: Any appeal shall be filed in
writing with the City Clerk. The written notice of appeal shall fully, clearly and
thoroughly specify the substantial error(s) in fact or law which exist in the record
of the proceedings from which the appellant seeks relief. If the appeal is unclear
and does not sufficiently explain the basis for the appeal, an order requiring the
appellant amend the appeal within ten (10) calendar days of the date of the order
AGENDA ITEM #7. a)
Page 12 of 29
ORDINANCE NO. ________
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Draft Proposed Ordinance Streamlining Land Use Appeals 12/9/24 Council Referral
may be issued. If the appeal is not satisfactorily amended within the time allowed,
it shall be dismissed.
4. Filing of Appeal and Fee: The notice of appeal shall be accompanied by a
fee in accordance with the City of Renton fee schedule.
5. Facsimile Filings: Whenever any application or filing is required under this
Chapter, it may be made by facsimile. Any facsimile filing received at the City after
five o’clock (5:00) p.m. on any business day will be deemed to have been received
on the following business day. Any facsimile filing received after five o’clock (5:00)
p.m. on the last date for filing will be considered an untimely filing. Any party
desiring to make a facsimile filing after four o’clock (4:00) p.m. on the last day for
the filing must call the City Clerk’s office and indicate that the filing is being made
by facsimile and the number to which the facsimile copy is being sent. The filing
party must ensure that the facsimile filing is transmitted in adequate time so that
it will be completely received by the City before five o’clock (5:00) p.m. In all
instances in which filing fees are to accompany the filing of an application, those
filing fees must be received by the City before the end of the business day on the
last day of the filing period or the filing will be considered incomplete and will be
rejected.
6. Motions: The Hearing Examiner may dismiss an appeal to the Hearing
Examiner, without hearing, when it is determined by the Hearing Examiner to be
untimely, without merit on its face, incomplete, or frivolous. Any application to
the Hearing Examiner for an order shall be by motion which, unless made during
AGENDA ITEM #7. a)
Page 13 of 29
ORDINANCE NO. ________
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Draft Proposed Ordinance Streamlining Land Use Appeals 12/9/24 Council Referral
a hearing, shall be in writing, stating the reasons for the request and setting forth
the relief or order sought. Written motions shall be received at least five (5)
business days in advance of the hearing.
7. Parties: The parties in appeal hearings shall be the City, the applicant, and
the appellant(s), if different from the applicant or the City. No other persons shall
be allowed to testify unless serving as an expert witness for one of the parties.
8. Notice of Appeal Filed: If an appeal is filed with the City Clerk, the City Clerk
shall notify all parties of record to the decision subject to the appeal. Notice shall
be sent within five (5) calendar days via U.S. Postal mail by the City Clerk, or on
the date the application of appeal is received if electronic transmittal (email) had
been previously approved or agreed to by the parties, and at least ten (10) days
prior to the appeal hearing. A hearing for the appeal shall be set within twenty
one (21) days after acceptance of a complete application for appeal.
9. Restrictions on Subsequent Actions: Any later request to interpret, explain,
modify, or retract the decision shall not be deemed to be a new administrative
determination creating a new appeal period for any new third party to the permit.
10. Limit on Number of Appeals: Pursuant to
RCW 36.70B.050 and 43.21C.075, the City has consolidated the permit process to
allow for only one open record appeal of all permit decisions associated with a
single development application.
AGENDA ITEM #7. a)
Page 14 of 29
ORDINANCE NO. ________
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Draft Proposed Ordinance Streamlining Land Use Appeals 12/9/24 Council Referral
There shall be no more than one appeal on a procedural determination or
environmental determination such as the adequacy of a determination of
significance, nonsignificance, or of a final environmental impact statement.
Any appeal of the action of the Hearing Examiner in the case of appeals from
environmental determinations shall be joined with an appeal of the substantive
determination.
11. Exhaustion of Administrative Remedies: No person may seek judicial
review of any decision of the City unless that person first exhausts the
administrative remedies provided by the City.
SECTION IX. Subsections 4-8-110.E.4 of the Renton Municipal Code is amended to add
a new subsection 4-8-110E.4.g, Hearing Examiner Decisions Final, to read as follows:
g. Hearing Examiner Decisions Final: The action of the Hearing Examiner
approving, modifying, or rejecting an application or decision being appealed shall
be final and conclusive unless timely appealed.
SECTION X. Subsections 4-8-110.F, Appeals to City Council, of the Renton Municipal
Code is hereby repealed.
SECTION XI. Subsection 4-9-240.K.3.p of the Renton Municipal Code is amended as as
follows:
p. Review Authority, Appeals, and Permit Revocation: Decision authority
is at the Hearing Examiner level with a public hearing, as designee for the
Administrator, and the decision is final appeal authority is with City Council. If a
AGENDA ITEM #7. a)
Page 15 of 29
ORDINANCE NO. ________
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Draft Proposed Ordinance Streamlining Land Use Appeals 12/9/24 Council Referral
permit is revoked pursuant to subsection R1 of this Section, the applicant may
request an appeal before the City Council.
SECTION XII. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
SECTION XIII. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
SECTION XIV. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED BY THE CITY COUNCIL the day of , 2024.
Jason A. Seth, City Clerk
AGENDA ITEM #7. a)
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ORDINANCE NO. ________
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Draft Proposed Ordinance Streamlining Land Use Appeals 12/9/24 Council Referral
APPROVED BY THE MAYOR this day of , 2024.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD-CED:242ORD026:12/3/2024
AGENDA ITEM #7. a)
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ORDINANCE NO. ________
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Draft Proposed Ordinance Streamlining Land Use Appeals 12/9/24 Council Referral
ATTACHMENT A
RMC 4-8-080.G
G. LAND USE PERMIT PROCEDURES:
LAND USE PERMITS PUBLIC NOTICE
OF APPLICATION RECOMMENDATION OPEN RECORD
HEARING7
DECISION/
ADOPTION
OPEN RECORD
APPEAL
CLOSED RECORD
APPEAL
JUDICIAL
APPEAL
TYPE I
Building and Grading Permits1 Staff HE CC SC
Deferrals Staff HE CC SC
Final Plats Staff CC SC
Lot Line Adjustments Staff HE CC SC
Minor Modification to
Previously Approved Site Plan
(<10%)
Staff HE CC SC
Modifications, Deviations,
Alternates of Various Code
Standards2
Staff HE CC SC
Public Art Exemption
Certificate
Staff HE CC SC
Routine Vegetation
Management Permits (SEPA
exempt)
Staff HE CC SC
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ORDINANCE NO. ________
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Draft Proposed Ordinance Streamlining Land Use Appeals 12/9/24 Council Referral
LAND USE PERMITS PUBLIC NOTICE
OF APPLICATION RECOMMENDATION OPEN RECORD
HEARING7
DECISION/
ADOPTION
OPEN RECORD
APPEAL
CLOSED RECORD
APPEAL
JUDICIAL
APPEAL
Shoreline Exemptions Staff HE CC SC
Small Cell Permits Staff HE CC SC
Special Fence Permits Staff HE CC SC
Temporary Use Permit: Tier I Staff HE CC SC
Waivers2 Staff HE CC SC
Other SEPA Exempt
Activities/Actions
Staff HE CC SC
TYPE II
Additional Animals Permit Yes Staff HE CC SC
Additional Vehicles Permit Yes Staff HE CC SC
Conditional Approval Permit
(nonconforming structures)
Yes Staff HE CC SC
Critical Area Permit Yes Staff HE CC SC
Home Occupation Permit,
special
Yes Staff HE CC SC
Planned Urban Development,
final
Yes Staff HE CC SC
Temporary Use Permits: Tier II Yes Staff HE CC SC
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ORDINANCE NO. ________
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Draft Proposed Ordinance Streamlining Land Use Appeals 12/9/24 Council Referral
LAND USE PERMITS PUBLIC NOTICE
OF APPLICATION RECOMMENDATION OPEN RECORD
HEARING7
DECISION/
ADOPTION
OPEN RECORD
APPEAL
CLOSED RECORD
APPEAL
JUDICIAL
APPEAL
Temporary Emergency
Wetland Permit
Yes Staff HE CC SC
Variances, Administrative Yes Staff HE CC SC
Binding Site Plans Yes Staff HE CC SC
Conditional Use Permit
(administrative)
Yes Staff HE CC SC
Development Permit (special
flood hazard)
Yes Staff HE CC SC
Environmental Review9 Yes Staff HE CC SC
Master Site Plan Approvals
(individual phases)
Yes Staff HE CC SC
Site Plan Review
(administrative)
Yes Staff HE CC SC
Shoreline Permit Yes Staff DOE CC SC
Short Plats Yes Staff HE CC SC
TYPE III4
Bulk Storage Special Permit Yes Staff HE HE CC SC
Conditional Use Permit
(Hearing Examiner)
Yes Staff HE HE CC SC
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ORDINANCE NO. ________
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Draft Proposed Ordinance Streamlining Land Use Appeals 12/9/24 Council Referral
LAND USE PERMITS PUBLIC NOTICE
OF APPLICATION RECOMMENDATION OPEN RECORD
HEARING7
DECISION/
ADOPTION
OPEN RECORD
APPEAL
CLOSED RECORD
APPEAL
JUDICIAL
APPEAL
Fill and Grade Permit, Special Yes Staff HE HE CC SC
Major Amendments to Plats Yes Staff HE HE CC SC
Master Site Plan Approval
(overall plan)
Yes Staff HE HE CC SC
Mobile Home Parks,
Preliminary and Final
Yes Staff HE HE CC SC
Planned Urban Development,
preliminary
Yes Staff HE HE CC SC
Preliminary Plats – 10 Lots or
More
Yes Staff HE HE CC SC
Shoreline Conditional Use
Permit6
Yes Staff HE DOE, HE SHB
Shoreline Variance6 Yes Staff HE DOE, HE SHB
Site Plan Review (Hearing
Examiner)
Yes Staff HE HE CC
Special Permits Yes Staff HE HE CC
Temporary Use Permits: Tier
III Temporary Homeless
Encampments
Yes Staff HE HE CC SC
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ORDINANCE NO. ________
16
Draft Proposed Ordinance Streamlining Land Use Appeals 12/9/24 Council Referral
LAND USE PERMITS PUBLIC NOTICE
OF APPLICATION RECOMMENDATION OPEN RECORD
HEARING7
DECISION/
ADOPTION
OPEN RECORD
APPEAL
CLOSED RECORD
APPEAL
JUDICIAL
APPEAL
Variances (associated with
Hearing Examiner land use
review)
Yes Staff HE HE CC
TYPE IV4
Rezones (site-specific, not
associated with a
Comprehensive Plan
amendment)
Yes Staff, HE HE CC SC
TYPE V4
Street Vacations8 Yes Public Works Staff CC CC SC
TYPE VI4
Development Regulation Text
Amendments8
Yes Staff, PC PC CC GMHB
Comprehensive Plan Map or
Text Amendments (may
include associated rezones)8
Yes Staff, PC PC CC GMHB
LEGEND:
Staff – Community and Economic Development Staff
ERC – Environmental Review Committee
AG
E
N
D
A
I
T
E
M
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a
)
Pa
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2
2
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f
2
9
ORDINANCE NO. ________
17
Draft Proposed Ordinance Streamlining Land Use Appeals 12/9/24 Council Referral
PC – Planning Commission
Admin. – Community and Economic Development Administrator
HE – Hearing Examiner
CC – City Council
DOE – Washington State Department of Ecology
SC – Superior Court
SHB – Shoreline Hearings Board
GMHB – Growth Management Hearings Board
BLANK – Not Applicable
AG
E
N
D
A
I
T
E
M
#
7
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a
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Pa
g
e
2
3
o
f
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AGENDA ITEM #7. a)
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AGENDA ITEM #7. a)
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AGENDA ITEM #7. a)
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AGENDA ITEM #7. a)
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AGENDA ITEM #7. a)
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