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Home My WebLink AboutORD 5882CITY OF RENTON, WASHINGTON ORDINANCE NO. 5882 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADDING SECTION 1-2- 3 TO THE RENTON MUNICIPAL CODE, ALLOWING THE CITY CLERK TO MAKE NONSUBSTANTIVE CORRECTIONS TO ORDINANCES, AND AMENDING SUBSECTION 4-8-080.G AND SECTION 4-9-025 OF THE RENTON MUNICIPAL CODE, AMENDING THE REVIEW PROCESS FOR TITLE IV AMENDMENTS TO ALLOW PURELY ADMINISTRATIVE OR PROCEDURAL AMENDMENTS TO ADVANCE DIRECTLY TO COUNCIL, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. 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 31, 2017, 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 October 18, 2017, 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: SECTION I. Section 1-2-3 "Correction of Manifest Error" is added to the Renton Municipal Code as follows: 1-2-3 CORRECTION OF MANIFEST ERRORS: Provided that the meaning of the ordinance is not changed by the edits, the City Clerk is authorized to edit Council adopted ordinances in conjunction with codification or Mayor signature in the following circumstances: 1 ORDINANCE NO. 5882 A. To correct manifest errors in reference to other ordinances, resolutions, laws or statutes; B. To correct or clarify manifestly erroneous or misleading numbering; or C. To correct manifest spelling, scrivener's, clerical, or typographical errors or omissions. SECTION II. The Type IV Land Use Permit table in subsection 4-8-080.G of the Renton Municipal Code, is amended to add a new row entitled "Text Amendments of Purely Administrative or Procedural Code," as shown below. All other provisions in the Type IV Land Use Permit Table in subsection 4-8-080.G shall remain in effect and unchanged. PUBLIC OPEN DECISION/ OPEN CLOSED JUDICIAL LAND USE NOTICE OF RECOMMENDATION RECORD ADOPTION RECORD RECORD APPEAL PERMITS APPLICATION HEARING APPEAL HEARING Text Amendments Yes Staff No CC GMHB of Purely Administrative or Procedural Code $ SECTION III. Section 4-9-025 of the Renton Municipal Code is amended as follows: 4-9-025 TITLE IV DEVELOPMENT REGULATION REVISION AND INTERPRETATION PROCESS: A. PURPOSE: The purpose of this Section is to describe the procedures and review criteria for amendments to, and interpretations of, the Development Regulations, Title IV of the Renton Municipal Code. Code interpretations provide temporary 2 ORDINANCE NO. 5882 clarification of Title IV. Once an interpretation is issued, the subject will be submitted to the docket for Title IV amendments. B. AUTHORITY: In accordance with RCW 36.70A.470, a summary containing written comments on suggested development regulation amendments shall be coordinated by the Department of Community and Economic Development. The text revision process is the means to either suggest a change, or to identify needed corrections, or both, in the development regulations. The Community and Economic Development Administrator has the authority to issue Title IV code interpretations. C. APPLICABILITY: 1. Proposed Title IV Development Regulation amendments may be suggested by: a. The Mayor, City Council, or Planning Commission by submitting the request in writing to the Community and Economic Development Administrator. b. The Community and Economic Development Administrator. c. Private parties by submitting an application to the Department of Community and Economic Development. d. Code interpretations issued by the Community and Economic Development Administrator. 2. Any person may submit a written request for code interpretation to the Community and Economic Development Administrator, regarding any applicable title or any subsequent amendment thereto. 3 ORDINANCE NO. 5882 D. REVIEW PROCESS FOR TITLE IV AMENDMENTS: 1. Applications for Title IV amendments may be accepted at any time and placed on the Title IV docket. Imperative Title IV amendments designated by the Mayor, City Council, or Planning Commission may be given higher priority and processed outside the annual Title IV process outlined in this section. 2. The Department of Community and Economic Development shall keep a docket of suggested Title IV amendments that includes the following: a. Name and address of the person or agency requesting the amendment; b. Description of the amendment; c. Date of the request; d. Map of the affected area, if appropriate. 3. The Council may review the Title IV docket to determine which applications to include in the Planning Commission's annual work programi however, text amendments that are purely administrative or procedural do not require a public hearing, nor do they require review or recommendations of the Planning Commission. For the purposes of this Section, substantive amendments shall be distinguished from procedural or administrative amendments in accordance with the following: "Substantive" matters relate to regulations that define or limit what can be done in terms of conduct, use, development, or action (e.g., what use may be made of land, what requirements apply to development, what public infrastructure may be required of certain developments), and 4 ORDINANCE NO. 5882 "Procedural" or "administrative" matters are those that relate to procedures, processes, or submittal requirements (e.g., time limits for applications and appeals, what forms must be used, how applications must be processed). 4. The Department of Community and Economic Development shall conduct its review of Title IV concurrently with Planning Commission review; with the exception of purely administrative or procedural text amendments. However, all departmental reporting and evaluation, including necessary environmental review, shall be completed prior to the Planning Commission making recommendations on the amendments. 5. The Planning Commission shall forward a recommendation to the City Council after a public hearing. 6. Title IV amendments shall be adopted by ordinance of the City Council after review by the City Council. E. REVIEW CRITERIA FOR TITLE IV AMENDMENTS: All Title IV amendments will be evaluated on their merits based upon the following: 1. Consistency and compliance with the Comprehensive Plan; and 2. All revisions must meet with at least one of the following criteria: a. The revision eliminates conflicts within the code or between the code and the Comprehensive Plan; or b. The revision changes code language to provide clarity, consistency, or ease of administration; or 9 ORDINANCE NO. 5882 c. The revision directly implements policies of the Comprehensive Plan or City Business Plan; or d. The revision accommodates new policy directives of the City Council or Administration. F. PUBLIC NOTICE AND COMMENT PERIOD FOR TITLE IV AMENDMENTS: 1. Notice of Public Hearing Before the Planning Commission: The public shall be notified at least ten (10) days prior to the date of the Planning Commission public hearing with a publication in the official newspaper if one has been designated, or a newspaper of general circulation if one has not been designated. The applicant and any parties of record shall also be sent a notice by mail at least ten (10) days prior to the date of the hearing. 2. Comment Period for Planning Commission Public Hearing: Written comments will be accepted for ten (10) days prior to the date of the public hearing until seven (7) days after the date of the public hearing, unless the comment period is extended by a vote of the Commission. Verbal comments will only be accepted at the time of the hearing. All comments, including those sent by electronic means, must be accompanied by the full name and mailing address of the person making the comment. G. REVIEW PROCESS FOR TITLE IV INTERPRETATIONS: 1. Requests for code interpretations shall include: a. The section of the code that is allegedly ambiguous or needing clarification; 0 ORDINANCE NO. 5882 b. The subject matter or nature of the request; and c. Any facts that are relevant to the request. 2. The Community and Economic Development Administrator may deny or reject the request if there is no ambiguity or need for clarification demonstrated by the requestor. 3. Once Only ene an interpretation peF is issued `hall "^ rendeFed by the inteFpFetatien iS Fecluest d- „P ai; u--;-rue P.-,,.,,,,, sly .,ddFessed the Gemmunity Er^^^^^ir. Development Administrator may consider the issue resolved and reject future requests to render shall pFevide a e9py ef the PFeyieus an interpretation on the matter+^ satisfy S Gh r „st 4. The Community and Economic Development Administrator shall post proposed interpretations on the City website for public review comment and possible appeal. 5. Approved interpretations shall follow the process of Development Regulations amendments and be amended into Title IV annually. SECTION IV. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or 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. 7 ORDINANCE NO. 5882 SECTION V. 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 this 7th day of May, 2017. Jason 14. Seth, APPROVED BY THE MAYOR this 7th day of May, 2017. Approved as to form: '04/� 59-4� Shane Moloney, City Attorney Date of Publication: 5/11/2018 (Summary) ORD:1990:11/29/17:scr Clerk LA Z Denis L w, Mayor 0