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j ORDINANCE NUMBER 3071
2 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON
3 ESTABLISHING AND CREATING A "LAND USE HEARING
4 EXAMINER" DESIGNATED AS CHAPTER 30 OF TITLE IV
5 (BUILDING REGULATIONS) OF ORDINANCE NUMBER 1628
6 KNOWN AS THE "CODE OF GENERAL ORDINANCES OF THE
� CITY OF RENTON" ESTABLISHING QUALIFICATIONS ,
' $ DUTIES AND PROCEDURES .
9 Section 4-30. 1 Title
10 4-30. 2 General Objectives
11 4-30. 3 Creation of Land Use Hearing Examiner
12 4-30. 4 Appointment and Terms
13 4-30. 5 Removal
14 4-30. 6 Qualifications .
15 4-30 . 7 Examiner Pro Tempore--Qualifications and Duties
16 4�30 . 8 Hearings Examiner--Conflict of Interest
17 and Freedom from Improper Influence
� 18 4-30. 9 Freedom From Improper Influence
19 4-30. 10 Duties of the Examiner
2� 4-30. 11 Applications
21 4-30 . 12 Report by Planning Department
22 4-30. 13 Public Hearing
23 4-30. 14 Examiner ' s Decision ,and Recommendation--
24 Findings Required
25 4-30. 15 Reconsideration
26 4-30. 16 Appeal of Examiner ' s Decision
27 4-30. 17 Council Action
2$ 4-30 . 18 Severability
29 4-30 . 19 Repealing Conflicting Ordinances
30 4-30. 20 Effective Date
31 �
32
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, j 4-30. 1 TITLE . Th•is Ordinance shall be hereinafter known as the
2 "Land Use Hearing Examiner Ordinance" , or "Hearing Examiner"
3 may be cited as such, will be hereinafter referred to as
4 "this Ordinance" and same shall be and constitute Chapter
� 30 , Title IV (Building Regulations) of Ordinance Number
b 1628 known as the "Code of General Ordinances of the City
� of Renton" .
$ 4-30. 2 GENERAL OBJECTIVES . It is the general objective of this
9 ordinance to:
10 1 . Provide a single, efficient, integrated land use regul-
� 1 tory hearing system.
� 12 2 . Render land use regulatory decisions and recommendations
13 to the City Council .
14 3 . Provide a greater degree of due process in land use
15 regulatroy hearings .
16 4 . Separate the land use policy �ormulation and the land
, 1� use policy administration processes ..
I$ 4-30. 3 CREATION =OF LAND USE HETIRING EXA'MINER. The office of the
19 Land Use Hearing Examiner, hereinafter referred to as Exam-
20 iner, is hereby created. The Examiner shall interpret,
21 review, and implement land use regulations as provided in
22 this Ordinance and other ordinances . The term Examiner
23 shali likewise, include the Examiner Pro tem.
24 4-30 . 4 APPOINTMENT AND TERMS . The Mayor shall appoint with concur-
25 rence of not less than four (4) members of the City Council,
26 the Examiner and Examiner Pro tem to serve in said office
27 for a term which shall expire on January 20, 1978 and
2$ thereafter said term shall be .bi-annually.
29 4-30. 5 REMOVAL. The Examiner or the Examiner Pro tem may be
30 removed from office at any time by the affirmative vote of
31 not less than five ( 5) members o'f the City Council for just
32 cause .
33 4-30. 6 QUALIFICATIONS . The Examiner and the Examiner Pro tem shall
34 be appointed solely with regard to their qualifications for I
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j the duties of the office which shall include, but not be
2 limited to persons with appropriate educational experience,
3 such as an Urban Planner , or Public Administrator, with at
4 least five years experience , persons who have extensive
5 experience in planning work in a responsible capacity,
6 persons with legal experience , particularly where that ex-
� perience is in the area of land use management or adminis-
$ trative law. ,
9 4-30 . 7 EXAMINER PRO TEMPORE--QUALIFICATIONS AND DUTIES . The
10 Examiner Pro tem shall , in the event of the absence or the
11 inability of the Examiner to act, have all the duties and
12 powers of the Examiner.
13 4-30. 8 HEARINGS EXAMINER--CONFLIC'T OF INTEREST AND FREEDOM FROM
14 IMPROPER INFLUENCE . The Examiner shall not conduct or par-
15 ticipate in any hearing or decision in which the Examiner �
i6 has a direct or indirect personal interest which might
17 exert such influence upon the Examiner that might inte.rfere
1$ with his decision making process . Any actual or potential
i� conflict of interest shall be disclosed to the parties
20 immediately upon discovery of such conflict.
21
22 Participants in the land use regulatory process have the
23 right, insofar as possible, to have the Examiner free from
24 personal interest or pre-hearing contacts on land use
2� regulatory matters considered by him. It is recognized
26 that there is a countervailing public right to free access
27 to public officials on any matter. If such personal or
28 pre-hearing interest contact impairs the Examiner ' s ability
29 to act on the matter, such person shall so state and shall
3fl abstain therefrom to the end that the proceeding is fair
31 and has the appearance of fairness , unless all parties agree
32 in writing to have the matter heard by said Examiner.
33 4-30. 9 FREEDOM FROM IMPROPER INFLUENCE. No Council member, City
34 official, or any other person shall attempt to interfere
UTY Of WE��TGN
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j with, or improperly influence the Examiner in the perfor-
2 mance of his designated duties .
3 4-30 . 10 DUTIES OF TF3E EXAMINER.
4 1. APPLICATIONS . The Examiner shall receive and examine
5 available information, .conduct public hearings , prepare
6 a record thereof, and enter findings of fact and conc'lu-
7 sions based upon those facts , which conclusions shall
8 represent the final action on the application, unless
9 appealed, as hereinbelow specified, for the following
10 types of applications :
11 (a) Short Plats
12 (b) special Use Permits
13 (c) Conditional Use Per`mits
14 (d) Temporary Use Permits
15 (e) Shoreline Variance and Conditional Permits
16 (f) Site Review Permits
l� (g) Waivers and Exceptions
18 (h) Appeals from administrative determination of
19 the City ' s land use regulation codes .
20 (i) Fill Permits
21 ( j ) Deferred Improvements
22 (k) Applications for any other land use regulatory
23 - permits which may be required by ordinance .
24 The Examiner shall receive and examine available inf.or-
25 mation, conduct public hearings , prepare a record thereof
26 and enter findings of fact and condlusions based upon
2� those facts , together with a recommendation to the City
28 Council , for the following applications :
29 (a) Rezones "
30 (b) Preliminary Plats
31 (c) Final Plats
32 (d) Planned Unit Developments
33 2 , RECOMMENDATION OR DECISION.
34 (a) The Examiner ' s recommendation or decision may be
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1 to grant or deny the application, or the Examiner
2 may recommend or require of the applicant such
3 conditions , modifications and restrictions as the
4 Examiner finds necessary to make the application
5 compatible with its environment and carry out, the
6 objectives and goals of the comprehensive plan, I
� the zoning ordinance , the subdivision ordinance ,
8 and other codes and ordinances of the City of ,
9 Renton. Conditions , modifications and restrictions
10 which may be imposed are , bu� are not limited to, I�
11 are additional setbacks , screenings in the form ��
12 of landscaping and fencing, covenan-ts , _easements
13 and dedications of additional road rights-of-way; ,
�4 performance bonds may be required to insure com- II�
15 pliance with the conditions , modifications and
16 restrictions .
I7
18 (b) In regard to applications for rezone , prelimin-
19 ary and final plat approval, and P. U. D. ' s , the
2� Examiner ' s findings and conclusions shall be sub-
21 mitted to the City Council , which shall have the
22 final authority to act on such applications . The
23 hearing by the Examiner shall constitute the hearing
24 by the City Council.
25 4-30. 11 APPLICATION5 . Applications for rezones of property, pre-
26 liminary and final plats , special or conditional use per-
2� mit, shoreline management variances or conditional use
28 permits , site approval, waiver, exception , temporary use
29 permit, and any other land use regulatory permit which
30 may be required by ordinance shall be presented to the
31 Planning Department, When it is found that an application
32 meets the filing requirements of the Planning Department,
33 it shall be accepted. The Department shall be responsible
34 for assigning a date of public hearing for each application
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1 which date shall not be more than twenty-one (21) days
2 after the applicant has complied with all requirements
3 and furnished all necessary data to the Planning Depart-
4 ment. �
� 4-30 . 12 REPORT BY PLANNING- DEPARTMENT. When such application has
� been set for public hearing, the Planning Department shall
� coordinate and assemble the comments and recommendations
8 of other City departments and governmental agencies having
g an interest in the subject application and shall prepare
10 a report summarizing the factors involved and the Planning
11 Department findings and supportive recommendations . At
12 least seven (7) calendar days prior to the scheduled hear-
13 ing, the report shall be filed with the Examiner and copies
14 thereof shall be mailed to the appl.icant and shall be made
1� available for use b an interested
y y party for the cost of
16 reproduction.
17 4-30 . 13 PUBLIC HEARING. Before rendering a decision or recommen-
18 dation on an a
y pplication , the Examiner shall hold at
19 least one public hearing thereon.
I 20
21 Notice of the time and place of the public hearing shall
22 be given as provided in the ordinance governing the appli�
23 cation. If none is specifically set forth, such notice
24 shall be given at least ten (10) days prior to such hear-
25
ing.
26
2� The Examiner shall have the ower to
p prescribe rules and
28 regulations for the conduct of hearings under this Ordin-
29 ance subject to confirmation by the City Council ; and also
30 to administer oaths , and preserve order.
31 4-30. 14 EXAMINER' S DECISION AND RECOMMENDATION--FINDINGS REQUIRED.
32 When the Examiner renders a decision or recommendation,
33 the Examiner shall make and enter written findings from
34 the record and conclusions therefrom which support such
34a decision, provided that in any case where a reclassi-
CITY OF RErJTON
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j fication of property is . recommended, at least one the
2 following circumstances shall be found to apply:
3 l. That substantial evidence was presented demonstrating
4 the subject .reclassification appears not to have been
5 specifically considered at the time of the last area
6 land use analysis and area-zoning; or
7 2 . That the property is potentially zoned for the reclassi-
$ fication being requested pursuant to the policies set
9 forth in the Comprehensive Plan and conditions have
10 been met which would indicate the change is appxopriate;
11 or
12 3 . That since the last previous land use analysis of the -
' 13 area and area zoning of the subject property, authori-
14 zed public improvements , permitted private development
15 or other circumstances affecting the subject property
16 have undergone significant and material change.
1� Within seven (7) calendar days of the conclusion of a hear-
18 ing, the Examiner shall render a written decision, includ-
13 ing findings and conclusions , and shall transmit a copy of
2� such decision by certified mail , return receipt requested,
21 to .the applicant and other parties of record in the case
22 requesting the same.
23 �
24 In the case of applications requiring Council app.roval
25 as set forth in Section 4-30. 1Ob, the Examiner shall file
26 a decision with the City Council at the expiration of the
27 twenty-one ( 21) day period provided for a rehearing, or
28 � within five ( 5) days of the conclusion of a reheari,ng, if
29 one is conducted. Thereupon the City Council shall cause
30 to be prepared the appropriated legislation.
31 4-30. 15 RECONSIDERATION. Any aggrieved person feeling th'at the
32 decision of the Examiner is based on erroneous procedures ,
error in judgment,
33 errors of law or fact,/or the discovery of new evidence
34 which could not be reasonably available at the prior hear-
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in m mak writt n r f ' w
2 a e a e e uest or revie b the Examin r
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2 within fourteen (14) days of the conclusion of the hearing.
3 This request shall set forth the specific errors relied
4 upon by such appelant, and the Examiner may, after review
5 of the record, take further action as he deems proper.
6 4-30 . 16 APPEAL OF EXAMINER' 5 DECI'SION. Any party to the proceed-
� ing and aggrieved by the Examiner ' s decision may submit an
8 appeal in writing to the City Council within fourteen (14)
9 calendar days requesting a review of such decision. Such
10 appeal shall be accompanied by a fee of $25 . 00. Appeals
11 to the Council shall be made in accordance with such pro-
�2 cedural requirements as may be established by ordinance.
13 If, after examination of the written appeal and the record,
14 the Council determines that a substantial error in fact
15 may exist in the record, it shall remand the proceeding
16 to the Examiner for reconsideration as provided in Section
17 4-30. 15 of this Ordinance, or it may modify or reverse the
18 decision of the Examiner accordingly .
19
20 The Council ' s consideration shall be based upon the record
21 only; .however, the Council may publicly request any new
22 or additional evidence from the affected parties .
23 �
24
25 The cost cf transcri tion of the hearin record shall be
P g
unless otherwise determined by the City Council .
26 borne b the a
y ppellant,! Notice of the filing of an appeal
27 shall be made to all parties of record to the hearing,
28 and said notice shall give the time and date when the
29 Council will consider such appeal .
30
31 Whenever a _ d�cisio.n of the Examiner is reviewed under
32 this section, other parties of record may submit le.tters
33 or reports in support of their positions , but no hearings
34 shall be held, and no new evidence or testimony shall be
UTY OF RErJTON
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} taken by the City Council . The City Council shall accept,
2 modify or reject any findings or conclusions , or remand
3 the decision of the Examiner for further hearing; provided
4 that any decision of the City Council shall be based on
5 the record of the hearing conducted by the Examiner; however,
6 the Council may publicly request any new o.r additional
� evidence from the affected parties . The
8 Council ' s decision shall be in writing and shall specify
9 modified or amended findings and conclusions , whenever
1� such findings or conclusions are different from those of
11 the appealed decision. **Each material finding shall be
12 supported by substantial evidence in the record.
13 4-30 . 17 COUNCIL ACTION. Any application requiring action by the
14 City Council shall be taken by the adoption of a resolu-
15 , tion or ordinance by the Council . When taking any such
16 final action, the Council shall make and enter findings of
1� fact from the record and conclusions therefrom which support
18 its action. The City Council may adopt all or portions
19 of the Examiner ' s findings and conclusions .
20 �
21 - In the. case of an ordinance for rezone of proper-ty, the
22 City Clerk shall place the ordinance on the -Council ' s
23 agenda for 'first reading. Final reading of the ordinance
24 shall not occur until all conditions , restrictions , or
25 modifications which may have been stipulated by the Council
26 have been accomplished or provisions for compliance made
2� to the satisfaction of the Legal Department.
28
29 The action of the Council , approving, modifying, or rejec-
30 ting a decision of the Examiner, shall be final and conclu-
3i sive, unless within twerity (20) calendar days from the
32 date of the action an aggrieved party or person obtain
33 a writ of certiorari from the Superior Court of Washington
34 for King County , for purpose of review of the action taken.
**which' may be incorporated or included by reference
� in any resolution or ordinance , as the case may be .
CITY OF PENTpN
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1 4-30. 18 SEVERABILITY. The provisions of this Ordinance are he�eby
2 declared to be severable . If any word, phrase, clause ,
3 sentence , paragraph , section, or part in or of this Ordin-
4 ance, or the application thereof to any person ox circum-
5 stance, is declared invalid, the remaining provisions and
6 the application of such provisions to other persons or
� circumstances shall �ot b'e affec-ted thereby, but shall
8 remain in full force and effect, the Mayor and City Council
9 hereby declaring that they would have ordained the remain-
�� ing provisions of this Ordinance without the word, phrase ,
il clause, sentence , paragraph, section, or part, or the a
ppli-
12 cation thereof, so held invalid.
13 4-30. 19 REPEALING CONFLICTING OI2DINANCES . 7�n and all ordinances
Y
14 or parts of ordinances in conflict ,herewith are hereby
15 repealed.
16 4-30. 20 EFFECTIVE DATE. This Ordinance shall be effective from and
1� after its passage, approval and five (5) days after its
i$ publication, unless otherwise provided for hereinabove .
19 -
Z� PASSED BY THE CITY COUNCIL THIS 18th day of October , 1976.
21 .
2 2 �,�,����� �7 ��a?��
23 I7elores Mead, Ci�y Clerk
24 APPROVED BY THE MAYOR THIS 18th day of October, 1976
25
2 6 ��.��� � .
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2� Charles�� Delaur:enti , Mayor
Y� -
28 Approved as to form:
29
3 0 fy,�/j,l[ ���cc�,
31 Ge�ard M. Shellan, City Attorney
32 Date of Publication October 22 , 1976 I
33
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