HomeMy WebLinkAboutORD 4974Amends ORD 4587
Amended by ORD 5153
5156, 5157, 5471
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 4974
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING CHAPTER 8, PERMITS AND DECISIONS, OF TITLE IV
(DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260
ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF
RENTON, WASHINGTON" BY PROVIDING FOR A 120-DAY TIME
GOAL TO PROCESS PERMITS AFTER THE DATE OF THE LETTER
OF COMPLETENESS, EXCEPT FOR APPEALS, WHICH MAY TAKE
MORE TIME.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION L Section 4-8-010 of Chapter 8, Permits and Decisions, of Title IV
(Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington" is hereby amended to read as follows:
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 eUminate redundancy and minimize delays, to establish
timelines for notifying the public of land use applications, to revise hearing requirements to
allow one open record hearing and one closed record appeal hearing, and to provide that final
decisions on development proposals be made within one hundred and twenty (120) days of the
date of the letter of completeness, except for development specifically exempted under this
Chapter.
The mandatory nature of the 120 days processing time 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 beyond 120 days.
ORDINANCE NO. 4974
SECTION II. Section 4-8-050 of Chapter 8, Permits and Decisions, of Title IV
(Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington" is hereby amended to read as follows:
A. STATE AUTHORITY: RCW 36.70B.140 allows a local government to exclude
certain project permits from procedure and time limit 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.
B. EXEMPTIONS FROM CITY GOAL OF 120-DAY REVIEW PROCESS 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 those set out in state law. Therefore, the City exempts the following actions since they
typically require more than one hundred twenty (120) days to process 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 SEP A,
ORDINANCE NO. 4 9 74
9. Street vacations,
10. Any project once it is appealed to the Hearing Examiner and/or City Council,
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 than 120 days to process.
C. EXEMPTIONS FROM STATE NOTIFICATION AND PROCEDURAL
REQUIREMENTS FOR PERMITS RELATING TO USE OF PUBLIC AREAS/FACILITIES:
As permitted by RCW 36.70B.140, the City also exempts the following "approvals
relating to the use of public areas or facilities" from the notification and procedural requirements
of RCW 36.70B.060 through 36.70B.080 and RCW 36.70B.110 through 36.70B.130.
1. Deferral of off- or on-site improvements,
2. Drainage connection permits,
3. Driveway construction permit (all uses/users),
4. Driveway relocation permit (all uses/users),
5. Franchise utility permits,
6. Right-of-way use permit,
7. Release of easements,
8. Side sewer permit,
9. Side sewer cap permit,
10. Sidewalk repair permit (all uses/users),
11. Sidewalk/curb/gutter construction permit (all uses),
12. Permits to stop City water and/or sewer service,
ORDINANCE NO. 4974
13. Water meter applications,
14. Other SEPA exempt actions/activities as outlined in WAC 197-11-800.
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 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),
2. Business licenses for home occupations,
3. Board of Public Works 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 10 percent) to a previously approved site plan,
9. Occupancy permits,
10. Open space, agricultural and timber lands current use assessment,
11. Public art exemption certificate,
ORDINANCE NO. 4 9 74
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 III. Sections 4-8-080.D and E of Chapter 8, Permits and Decisions, of
Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" are hereby amended to read as follows:
D. TIME FRAME BASED ON PERMIT TYPE:
The flowcharts in subsection H of this Section indicate timelines for each of the eleven
(11) land use permit types, as discussed in subsection G of this Section. 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. In addition, there is a generalized flowchart for the consolidated review process.
E. TIME FRAMES - MAXIMUM PERMITTED:
Final decisions on all permits and reviews subject to the procedures and exceptions of
this Chapter shall occur within one hundred twenty (120) days from the date an application is
deemed complete, unless the applicant consents to an extension of such time period. If a project
application is substantially revised by an applicant, the one hundred twenty (120) day 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.
ORDINANCE NO. 497 4
The provisions of this Chapter imposing a 120-day maximum processing time do not
establish or provide a remedy or claim for any delay in a final decision beyond 120 days.
SECTION IV. Section 4-8-080.H of Chapter 8, Permits and Decisions, of Title IV
(Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington" is hereby amended to read as shown on attachment "A."
SECTION V. This ordinance shall be effective upon its passage, approval, and
30 days after publication.
PASSED BY THE CITY COUNCIL this 2 4th day of June , 2002.
*rur\ju-s) !, ; iCO*
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 24th day of June _, 2002.
Approved as to form:
fy^tAAK>-**QAK&P
Jesse Tanner, Mayor
Lawrence J. Warren, City Attorney
Date of Publication: 6/28/2002 (summary)
ORD.980:6/12/02:ma
4-8-080 H ORDINANCE NO. 4 9 74
ATTACHMENT A
H. REVIEW PROCESSES:
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GENERALIZED
CONSOLIDATED REVIEW PROCESS
For Combined Land Use, Environmental and (optional) Building
-. Permit Application
Submit Land Use Application and SEPA Checklist
o cn Determination of Technically Complete Application
Max. 14 days, RCW 36.70B.070(4)(b) and RCW 36.70B.110(2)
Public Notice Application
14 day Public Comment Period [14-30 calendar days, RCW 36.70B.110(2)(e)l
Public Hearing Notice and/or SEPA Determination
published, Consolidated Staff Report Issued
Min. 15 calendar days until public hearing, RCW 36.70B. 110(3)
and RCW 36.70B.110(6)(b)
Open Record Public Hearing
Open Record Appeal Hearing of SEPA
Determination, if applicable
Written Decision Issued
Notice of Decision
Deadline for Appeal of Land Use and Building
Permit Decisions
Closed Record Appeal Hearing Notice
Closed Record Appeal Hearing
All references in this chart are to sections in the Revised Code of Washington (RCW).
8-8
Type I - Land Use Permits
Administrative Review Process
Application Submittal/
Determination of Completeness
City Staff Decision/
Permit Issuance
Appeal
Period Ends
Staff Review Appeal Period
14 days
120 days max.
Type I - Staff Review without Public Notice:
Building and Grading Permits (SEPA exempt) or SEPA/Land Use Permit process completed
Business Licenses for Home Occupations without customer visits/deliveries
Deferrals
Lot Line Adjustments
Minor Adjustments (less than 10%) to a previously approved Site Plan
Modifications (administratively approved) of Various Code Standards
Routine Vegetation Management Permits (SEPA exempt)
Shoreline Exemptions
Waivers
Other SEPA Exempt Activities/Actions
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Type II - Land Use Permits
Administrative Review Process
Application Submittal
Letter of Complete
Application/Public
Notice of Application
City Staff Decision/
Permit Issuance
Appeal
Period Ends
Appeal Period
14 days
120 days max.
oo Type II - Staff Review with Public Notice
Administrative Variances
Business Licenses for Home Occupations with customer visits/deliveries
Conditional Approval Permits for Nonconforming Structures
Hobby Kennel License
Short Plats of 4 lots or less (SEPA exempt)
Site Plan Review (Administrative) for Secondary Uses (SEPA exempt)
Temporary Use Permits (SEPA exempt)
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Type III - Land Use Permits
Administrative Review and/or Environmental Review Process
Application
Submittal
Letter of Complete
Application
Public Notice
of Application
Staff Decision and
Environmental Threshold
Determination1
Decision Published
and Mailed2
Appeal
Period Ends4
Staff Review
28 days max. 14 days max.
Comment/
Appeal Period3
14 days min. 6 days 14-29 days max.
120 days max.
Type III - Environmental Review Committee and Staff Review:
Binding Site Plans
Conditional Use Permit (administrative) with Associated Environmental Review
Environmental Review for a Permitted/Secondary/Accessory Use not requiring any other Land Use Permit
Master Site Plan Approvals (individual phases)
Site Plan Review (Administrative) with associated Environmental Review
Shoreline Substantial Development Permit with associated Environmental Review4
Short Plats of 4 lots or less (non-SEPA exempt)
Temporary Use Permit (subject to SEPA)
Building Permits submitted in conjunction with any of the above
Environmental Threshold Determination shall not be issued prior to a 14 day comment period following the mailing of public notice of the development application
In the case of a Shoreline Permit, the Washington State Department of Ecology (DOE) and Attorney General's Office are also notified of permit issuance
Comment/Appeal Period may include:
1) a 14 day appeal period with no comment period,
2) a 15 day combined comment/appeal period, or
3) a separate 15 day comment period followed by a 14 day appeal period.
For Shoreline Substantial Development Permits, a Building Permit shall not be issued until 21 days after the Shoreline Permit decision is filed with DOE and the Attorney General's OffirP
or until any appeal proceedings have concluded. " UC"DI,1I!IUI»WI
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Type IV - Land Use Permits
Board of Adjustment
Application
Submittal
Letter of Complete
Application
Public Notice
of Application and
Hearing Notice
Open Record
Public Hearing
Staff Review
28 days max. 14 days max. 15 days max.
120 days max.
Type IV - Board of Adjustment (BOA) and Staff Review:
Board
Decision Due
Appeal
Period Ends
Appeal to
Superior Court
14 days
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Variances: Board of Adjustment shall hear Variances where not associated with a Development/Land Use Permit that requires review by the Hearing H
Examiner _
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Type V - Land Use Permits
Staff/Hearing Examiner Review Process
Application
Submittal
Letter of Complete
Application
Public Notice of
Application
Notice of Public
Hearing Published
Hearing Examiner1 Open
Record Public Hearing
Hearing Examiner1
Decision
Appeal
Period Ends
Staff Review
28 days max. 14 days max. 14 days min. 10 days min. 10 days 14 days
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120 days max.
Type V - Staff and Hearing Examiner:
• Conditional Approval Permit for Nonconforming Uses
• Request for Extension of Amortization Period of Adult Use
1 At City Council discretion, the Council may hold the public hearing and make the decision on conditional approval permits for nonconforming uses.
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Type VI - Land Use Permits
Hearing Examiner/Environmental Review Process
Application
Submittal
Letter
of Complete
Application
Public Notice of
Application
Environmental
Threshold
Determination1
Environmental
Decision Hearing
Notice Published2
Hearing Examiner Open Hearing Examiner Appeal
Record Public Hearing3 Decision4 Period Ends5
Staff Review
28 days max. 14 days max. 14 days min. 6 days 15-29 days 10 days 14 days
120 days max.
Type VI - Environmental Review Committee and Hearing Examiner:
Bulk Storage Special Permit
Conditional Use Permits (Hearing Examiner) with associated Environmental Review
Fill and Grade Permit, Special
Master Site Plan Approval (overall plan) and Mobile Home Parks, Preliminary and Final
Shoreline Conditional Use Permit and Shoreline Variance - Also requires approval of Washington State Department of Ecology (DOE)4
Short Plats of 5 to 9 lots - Environmental Review normally not required, unless previously short platted or on lands covered by water
Site Plan Review (Hearing Examiner with associated Environmental Review) and Special Permits
Variances, with associated Hearing Examiner Land Use Review
Building Permits submitted in conjunction with any of the above
Environmental Threshold Determination shall not be issued prior to a 14 day comment period following the mailing of public notice of the development application.
Comment/Appeal Period may include:
1) a 14 day appeal period with no comment period,
2) a 15 day combined comment/appeal period, or
3) a separate 15 day comment period followed by a 14 day appeal period.
Open Record Appeal of Environmental Threshold Determination may be included in Public Hearing (Hearing Examiner) if applicable.
DOE has up to 30 days to make a decision on a Shoreline Conditional Use Permits and Variances Permit. This time period does not count toward the 120 day maximum time limit for per-
mit decisions.
For Shoreline Conditional Use Permits and Variances, a Building Permit shall not be issued until 21 days after the permit decision.
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Type VII - Land Use Permits
City Councii/Hearing Examiner Environmental Review Process
Application
Submittal
Letter
of Complete
Application
Public Notice of
Application
Environmental
Threshold
Determination1
Environmental
Decision Hearing
Notice Published2
Staff Review
28 days max. 14 days max. 14 days min.
Hearing Examiner Hearing
Open Record Examiner City Council Appeal
Public Hearing3 Recommendation Decision4 Period Ends
Appeal
Period
6 days 15-29 days 10 days 14 days
120 days max.
Type VII - City Council/Hearing Examiner/Environmental Review Process:
Preliminary Plats
PUDs, Preliminary and Final
Building Permits submitted in conjunction with any of the above
Rezones, site-specific in conformance with Comprehensive Plan
^IS^^XmSS" Sha" n0t be iSSU6d Pri°r'° 3 ^ day C°mment PSri0d f0"°Wing ,hB mai'ing °' pUbli° n0tice °f ,he devel°P™nt application.
1) a 14 day appeal period with no comment period,
2) a 15 day combined comment/appeal period, or
3) a separate 15 day comment period followed by a 14 day appeal period.
Open Record Appeal of Environmental Threshold Determination may be included in Public Hearing (Hearing Examiner) if applicable
Appeal of City Council decision to King County Superior Court.
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Type VIII - Land Use Permits
City Council/Staff Review Process
Application Submittal/
Determination of Completeness
City Council Schedules
Consideration Date
City Council
Meeting/Decision
Appeal Period Ends for
City Council Decision1
Staff Review
Type VIII - City Council and Staff Review:
Final Plats
Street Vacations2
1 Appeals of City Council decisions are to King County Superior Court.
2 Street Vacations are exempt from the 120 day permit processing time limit.
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Application
Submittal
Type IX - Land Use Permits
City Council/Environmental Review/Staff
Letter
of Complete
Application
Public Notice of
Application
Environmental
Threshold
Determination1
Environmental
Decision Hearing
Notice Published2
City Council Open
Record Public Hearing3
Staff Review
28 days max. 14 days max. 14 days min. 6 days 15-29 days
City Council
Decision
Appeal
Period Ends
Type IX - City Council/Environmental Review Committee (ERC)/Staff
Development Regulation Amendments except those referred to Planning Commission
Environmental Threshold Determination shall not be issued prior to a 14 day comment period following the mailing of public notice of the development aDDlication
Comment/Appeal Period may include: K
1) a 14 day appeal period with no comment period,
2) a 15 day combined comment/appeal period, or
3) a separate 15 day comment period followed by a 14 day appeal period.
Open Record Appeal of Environmental Threshold Determination may be included in Public Hearing (Hearing Examiner) if applicable.
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Type X4 - Land Use Permits
City Council/Planning Commission/Environmental Review Process
Application
Submittal
Letter
of Complete
Application
Public Notice of
Application
Environmental
Threshold
Determination1
Environmental
Decision Hearing
Notice Published2
Staff Review
Planning Commission Planning
Open Record Commission
Public Hearing Recommendation
Staff Review
14 days max. 14 days min. 6 days
Appeal Period
Ends for
City Council City Council
Decision Decision3
Appeal
Period
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Type X4 - City Council/Planning Commission/Environmental Review Process:
Comprehensive Plan Map or Text Amendments
Rezones with associated Comprehensive Plan Map Amendments
• Zoning Text Amendments and other amendments related to land use regulations and processes referred by Council pursuant to RMC 4-1-050E4
1 Environmental Threshold Determination shall not be issued prior to a 14 day comment period following public notice of proposal
2 Any appeal of Environmental Decision shall be heard before the Hearing Examiner.
3 Appeal of City Council decision to King County Superior Court.
4 Type X Land Use Permits are exempt from the requirements of State Regulatory Reform Act.
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4-8-080H
ORDINANCE NO. 4 9 74
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