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HomeMy WebLinkAboutORD 6157CITY OF RENTON, WASHINGTON ORDINANCE NO. 6157 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- 8-070.1, 4-8-080.G, 44-110.A, 4-8-110.C, 4-8-110.E.4 AND 4-9-240.K.3.p 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 ORDINANCE NO. 6157 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 render 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, the Planning Commission held a public hearing on January 15, 2025, 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: 0 ORDINANCE NO. 6157 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 4-8-11OE8 and F6. SECTION III. Subsection 4-7-230.13 of the Renton Municipal Code is amended as follows: P. APPEALS. 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, b. Appeals relating to RMC 4-5-060, Construction Administrative Code, c. Bulk storage special permit and variances from the bulk storage regulations, d. Conditional use permit, 3 ORDINANCE NO. 6157 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, I. 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 4-8-070.1 of the Renton Municipal Code is amended as follows: I. CITY COUNCIL: The City Council shall review and act on the following: 1. Annexations, :.' El ORDINANCE NO. 6157 EI.R7IN. RW-!M sil.. bulk SteF- e facility, 4 2. Comprehensive Plan map or text amendment, § 3. Dedications of property for public purposes, 6 4. Development and zoning regulations text amendment, -7 5. Release of easements, 9 6. Rezones with associated Comprehensive Plan amendment, . 7. Rezones with associated Comprehensive Plan map or text amendment, 19 8. 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 COU of land use and development -related decisions. Specific requirements are based upon the type/level of appeal and the appeal authority. SECTION Vill. Subsection 4-8-110.0 of the Renton Municipal Code is amended as follows: C. GENERAL INFORMATION APPLICABLE TO APPEALS: 5 ORDINANCE NO. 6157 The following applies to appeals to the Hearing Examiner 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 may be issued. If the appeal is not satisfactorily amended within the time allowed, it shall be dismissed. [1 ORDINANCE NO. 6157 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. S. 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 a hearing, shall be in writing, stating the reasons for the request and setting forth V1 ORDINANCE NO. 6157 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 36.7013.050 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. 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. ORDINANCE NO. 6157 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 autheFity is with City Ceuneilo - 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 9 ORDINANCE NO. 6157 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 10th day of February, 2025. Jason A. nth, City Clerk APPROVED BY THE MAYOR this 10th day of February, 2025. Armondo Pavone, Mayor 10 ORDINANCE NO. 6157 Approved as to form: Shane Moloney, City Attorney Date of Publication: 2/13/2025 (Summary) ORD-CED:24ORD026:2/3/2025 OF Ft i i *: AL *' FAO Z\6'a�J� i4���/10q i ED,SE4, 46%$ 11 ORDINANCE NO. 6157 ATTACHMENT A RMC 4-8-080.G G. LAND USE PERMIT PROCEDURES: PUBLIC NOTICE OPEN RECORD DECISION/ OPEN RECORD CLOSED RECORD JUDICIAL LAND USE PERMITS RECOMMENDATION OF APPLICATION HEARING' ADOPTION APPEAL APPEAL APPEAL TYPE Building and Grading Permits' Staff HE cc- SC Deferrals Staff HE CX SC Final Plats Staff CC SC Lot Line Adjustments Staff HE CC SC Minor Modification to Staff HE SC Previously Approved Site Plan (<10%) Modifications, Deviations, Staff HE CC Sc Alternates of Various Code Standards' Public Art Exemption Staff HF Cc- Sc Certificate Routine Vegetation Staff I1E cc- Y Management Permits (SEPA exempt) Shoreline Exemptions Staff HE cc SC. 12 ORDINANCE NO. 6157 LAND USE PERMITS PUBLIC NOTICE OF APPLICATION RECOMMENDATION OPEN RECORD HEARING DECISION/ ADOPTION OPEN RECORD APPEAL CLOSED RECORD APPEAL JUDICIAL APPEAL Small Cell Permits Staff HE CE SC Special Fence Permits Staff HE CC SC Temporary Use Permit: Tier I Staff HE CC SC Waivers'- Staff HE CC SC Other SEPA Exempt Activities/Actions Staff HE CC SC TYPE it 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 Temporary Emergency Wetland Permit Yes Staff HE CC SC 13 ORDINANCE NO. 6157 LAND USE PERMITS PUBLIC NOTICE OF APPLICATION RECOMMENDATION OPEN RECORD HEARING DECISION/ ADOPTION OPEN RECORD APPEAL CLOSED RECORD APPEAL JUDICIAL APPEAL Variances, Administrative Yes Staff HE CC SC Binding Site Plans Yes Staff HE SC Conditional Use Permit (administrative) Yes Staff HE EC SC Development Permit (special flood hazard) Yes Staff HE CE SC Environmental Review' Yes Staff HE SC Master Site Plan Approvals (individual phases) Yf.<, Staff HE SC Site Plan Review (administrative) Y Staff HE EC SC Shoreline Permit Yes Staff DOE 4X SC Short Plats Yes Staff HE SC TYPE 1114 Bulk Storage Special Permit Yes Staff HE HE EC SC Conditional Use Permit (Hearing Examiner) Yes Staff HE HE SC Fill and Grade Permit, Special Yes Staff HE HE SC Major Amendments to Plats Yes Staff HE HE EC SC 14 ORDINANCE NO. 6157 PUBLIC NOTICE OPEN RECORD DECISION/ OPEN RECORD CLOSED RECORD JUDICIAL LAND USE PERMITS RECOMMENDATION OF APPLICATION HEARING ADOPTION APPEAL APPEAL APPEAL Master Site Plan Approval Yes Staff HE HE CC SC (overall plan) Mobile Home Parks, Yes Staff HE HE CC Sc Preliminary and Final Planned Urban Development, Yes Staff HE HE CC SC preliminary Preliminary Plats — 10 Lots or Yes Staff HE HE C-C SC More Shoreline Conditional Use Yes Staff HE DOE, HE SHB Permit Shoreline Variance6 Yes Staff HE DOE, HE SHB Site Plan Review (Hearing Yes Staff HE HE CC Examiner) Special Permits Yes Staff HE HE cc - Temporary Use Permits: Tier Yes Staff HE HE CC SC III Temporary Homeless Encampments Variances (associated with Yes Staff HE HE EC Hearing Examiner land use review) 15 ORDINANCE NO. 6157 PUBLIC NOTICE OPEN RECORD DECISION/ OPEN RECORD CLOSED RECORD JUDICIAL LAND USE PERMITS RECOMMENDATION OF APPLICATION HEARING ADOPTION APPEAL APPEAL APPEAL TYPE IV4 Rezones (site -specific, not Yes Staff, HE HE CC SC associated with a Comprehensive Plan amendment) TYPE V4 Street Vacations$ Yes Public Works Staff FC C 1CC SC TYPE V14 Development Regulation Text Yes Staff, PC PC CC GMHB Amendments' Comprehensive Plan Map or Yes Staff, PC PC CC GMHB Text Amendments (may include associated rezones)' LEGEND: Staff — Community and Economic Development Staff ERC — Environmental Review Committee 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 ORDINANCE NO. 6157 17