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Home My WebLink AboutORD 3121 � . ' .� , . , ' � �, AMENDS ORD. #3071 `' ` ` AMENDED �Y` OR�. #3170 ' � ' ��PEALEQ �Y 3yss/ CITY OF RENTON, WASHINGTON ORDINANCE N0. 3121 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 4=30 14 , 4-30 > 15 and 4-30 . 16 of CHAPTER 30 , TITLE IV (BUILDING REGULATIONS) OF ORDINANCE N0. 1628 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON" RELATING TO THE "LAND USE HEARING EXAMINER" . SECTION I Existing Section 4-30 , 14 of Title IV (Building ' Regulations ) of Ordinance No: 1628 is hereb amended to read as follows : Y 4-30 � 14 as amended - EXAMINER' S DECISION AND RECOMMENDATION- FINDINGS REQUIRED. When the Examiner renders a decision or recommend- ation, the Examiner shall make and enter written findings from the record and conclusions therefrom which support such decision, provided that in any case where a reclassification of property is recommended , at least one of the following circumstances shall be found to apply : , (A) That substantial evidence was presented demonstrating the subject reclassification appears not to have been specifically , considered at the time of the last area land use analysis and area zoning ; or (B) That the property is potentially zoned for the reclassification being requested pursuant to the policies set forth in the Comprehensive Plan and conditions have been met which would indicate the change is appropriate ; or CC) That since the last previous land use analysis of the area and area zoning of the subject property , authorized public improvements , permitted private development or other circumstances affecting the subject property have undergone significant and material change. Within fourteen (14) calendar days of the conclusion of a hearing, the Examiner shall render a written decision, including findings and conclusions , and shall transmit a copy of such decision by regular mail , postage prepaid, to the applicant and other parties of record in the case requesting same. The person mailing such decision , together with the supporting documents , shall prepare an Affidavit of Mailing , in standard form, and such affidavit shall become a part of the record of such proceedings . In the case of applications requiring Council approval as set forth in Section 4-3010 (B)2 , the Examiner shall file a decision with the City Council at the expiration of the fourteen (14) day period provided for a rehearing, or within five (5 ) days of the conclusion of a rehearing , if one is conducted. Thereupon the City Council shall cause to be prepared the appropriate legislation. SECTION II. Existing Section 4-30 , 15 of Title IV (Building Regulations ) of Ordinance No. 1628 is hereby amended to read as follows : 4-30 15 as amended - RECONSIDERATION. Any aggrieved party feeling that the decision of the Examiner is based on an erroneous -1- � � .. � . ' II , ' �. �. I , ,. . • , , � procedure , errors of law or fact , error in judgment , or the discovery of new evidence which could not be reasonably available at the prior hearing , may make a written request for review by the Examiner within fourteen (14) days after the written decision of the Examiner has been` rendered. This request shall set forth the specific errors relied upon i�y such appellant, and the Examiner may , after review of the record, take further action as he deems proper. SECTION III. Existing Section 4-30F16 of Ti�.le.,IV� (Building Regulations ) of Ordinance No. 1628 is hereby amended to read as follows : 4. 30 16 as amended - APPEAL OF EXAMINER' S DECISION. Any party to the proceedings and aggrieved by the Exam.iner' s decision may submit an appeal in writing to the City Council , by filing same with the City Clerk, within fourteen (14) calendar days from the date of the Examiner' s written decision, requesting a review of same. Such appeal shall be accompanied by a fee of Twenty Five Dollars ($25 . 00 ) paid to .the City Clerk. Thereupon the��E�aminer shall cause to be forwarded to the members of the City Council all of the pertinent documents , including his written decision, findings , con�lusions ,� notice of appeal. If after the examination of such record the Council determines that a substantial error in fact or law may exist in the record , it shall remarid the proceeding to the Examiner for reconsideration as provided in Section 4-30 . 15 , or it may modify or reverse the decision of the Examiner accordingly. The Council' s consideration shall be based upon the record only. The cost of transcription of the hearing record shall be borne by the �-ap�e.11ant unless otherwise determined by the City Council. Notice of the filing of an appeal shall be made to all parties of record to the hearing, and said notice shall give the time and date when the Council will consider such appeal. . Whenever a::-deeision of the 'Examiner is reviewed under this Section, other parties of record may submit letters or reports in support of their position, but no public hearing shall'.be held and no new evidence or testimony need be taken by the City Council ; however the Council may allow any new or additional evidence from any of the affected parties if a showing is made by any party offering such new or additional evidence that same could not have been reasonably available at the time of such hearing before the Examiner. The City Council shall accept, modify or reject any findings or conclusions or remand the decision of the Examiner for further hearings provided, however, that any decision of the City Council shall be based on the record of the hearing conducted by the Examiner. The Council' s decision shall be in writing and shall specify modified or amended findings and conclusions whenever such findings or conclusions are different from those of the appealed decision, which may be incorporated or include�d by reference in any resolution or ord�inance , as the case may be. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. I -2- i : ' ' • � � � � ' • : Y ' ' SECTION IV. All other provisions and terms of Chapter 30 , Title IV (Building Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" , unless expressly modified hereinabove , shall remain in full force and effect. SECTION V. This Ordinance shall be effective from and after its passage , approval and five ( 5 ) days after its publication, unless otherwise provided for hereinabove. PASSED BY THE CITY COUNCIL this 4th day of April , 1977 . ,�,a�� i��,P.rz� � Delores A. Mead, C�ty Clerk APPROVED BY THE MAYOR this 4th day of April , 19..77 . (C ��/��U'/�/1/1�7• /C/-C,�� '��,/.IrLF.�C��dE/ Charle�J. Delaurenti , Mayor Approved as to form: ,�,�r,� ,��".'-`� Ger�.rd M. --�hellan , City Attorney ' Date of Publication: 4-8=77 -3-