HomeMy WebLinkAboutORD 5902CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5902
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTIONS 4-8-110.F AND 4-9-070.11 OF THE RENTON MUNICIPAL CODE, BY
ALLOWING THE CITY COUNCIL TO RENDER A QUASI-JUDICIAL APPEAL DECISION
AFFIRMING THE UNDERLYING DECISION WITHOUT SUBSTANTIVE REVIEW,
ELIMINATING A HEARING EXAMINER APPEAL WHEN THE HEARING EXAMINER IS
THE UNDERLYING DECISION MAKER, SPECIFYING APPEAL PATHS FOR
PROCEDURAL AND SUBSTANTIVE ENVIRONMENTAL APPEALS, 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 July 30, 2018, 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 5, 2018,
considered all relevant matters, and heard all parties appearing in support or in 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. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Subsection 4-8-110.F of the Renton Municipal Code is amended as follows:
F. APPEALS TO CITY COUNCIL:
1. Standing and Parties to the Appeal: See subsection C of this Section.
2. Time to File: See subsection C of this Section.
3. Notice of Appeal: See subsection C of this Section.
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ORDINANCE NO. 5902
4. Council Review Procedures: No public hearing shall be held by the City
Council. No new or additional evidence or testimony shall be accepted by the City
Council. The cost of transcription of the hearing record shall be borne by the
appellant (if other than the applicant). If a transcript is made, the appellant (if
other than the applicant) is required to provide a copy to the City Clerk and the
Renton City Attorney at no cost. It shall be presumed that the record before the
City Council is identical to the hearing record before the Hearing Examiner.
S. Burden: The burden of proof shall rest with the appellant.
6. Council Evaluation Criteria: The consideration by the City Council shall
be based solely upon the record, the Hearing Examiner's report, the notice of
appeal and additional arguments based on the record by parties.
7. Findings and Conclusions Required: If, upon appeal of a decision of the
Hearing Examiner and after examination of the record, the Council determines
that a substantial error in fact or law exists in the record, it may modify or reverse
the decision of the Hearing Examiner accordingly.
8. Alternative City Council Procedure: As an alternative to the provisions
of RMC 4-8-110.F.5 through RMC 4-8-110.F.7 the City Council shall affirm without
review a decision of the Hearing Examiner if one or more of the following
circumstances exist:
a. More than one (1) timely notice of appeal was filed. For the
purposes of this subsection an amended or supplemental notice of appeal timely
filed by the same appellant shall not be deemed a separate notice of appeal•
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ORDINANCE NO. 5902
b. The project at issue in the Hearing Examiner's decision has more
than fifteen (15) documented parties of record;
c. The proiect at issue in the Hearing Examiner's decision was issued
a Determination of Significance (DS) under the State Environmental Policy Act;
d. A timely notice of appeal asserts that the jurisdiction of one or more
agencies other than the City has bearing on the outcome of the appeal; or
e. A timely notice of appeal asserts that one or more treaty rights have
bearing on the outcome of the appeal.
99. Decision Documentation: The decision of the City Council shall be in
writing and shall specify any modified or amended findings and conclusions other
than those set forth in the report of the Hearing Examiner. Each material finding
shall be supported by substantial evidence in the record.
910. Council Action Final: The action of the Council approving, modifying
or rejecting a decision of the Hearing Examiner shall be final and conclusive, unless
timely appealed.
SECTION III. Subsection 4-9-070.R of the Renton Municipal Code is amended as follows:
R. APPEALS:
1. Except for permits and variances issued pursuant to RMC 4-3-090,
Shoreline Master Program Regulations, when any proposal or action is oFanted,
conditioned; or denied on the basis of SEPA substantive authority by a nonelected
official other than the Hearing Examiner, the decision shall be appealable to the
Hearing Examiner under the provisions of RMC 4-8-110, Appeals. When such a
ORDINANCE NO. 5902
proposal or action is conditioned or denied on the basis of SEPA substantive
authority by an elected official or by the Hearing Examiner there shall be no
administrative appeal.
2. Except for permits and variances issued pursuant to RMC 4 3 090
Shoreline Master Program Regulations when any proposal or action is challenged
as to a SEPA procedural determination there shall be no administrative appeal
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.
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 10th day of December. 2018.
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Jaso A. Seth, y Clerk
APPROVED BY THE MAYOR this 10th day of December, 2018.
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Denis Law, Mayor
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ORDINANCE NO. 5902
Approved as to form:
Shane Moloney, City A orney
Date of Publication: 12/14/2018 (summary)
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