HomeMy WebLinkAboutORD 6025CITY OF RENTON, WASHINGTON
ORDINANCE NO. 6025
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTIONS 4-8-080.G, 4-8-090.F, 4-8-110.C.8, AND 4-8-110.F.4 OF THE
RENTON MUNICIPAL CODE, AMENDING PUBLIC NOTICE REQUIREMENTS FOR
APPEALS AND CLARIFYING THE DISTINCTION BETWEEN OPEN RECORD
HEARINGS AND OPEN RECORD APPEALS, 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 May 3, 2021, 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 May 19, 2021, 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. 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 4-8-080.G of the Renton Municipal Code is amended as shown
on Attachment A.
SECTION III. 4-8-090.F of the Renton Municipal Code is amended as follows:
F. NOTICE OF PUBLIC HEARING:
Public n44otice of a public hearing for all development applications subject to
notification requirements and all GpeR FerzeFd appealI shall be given as follows:
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ORDINANCE NO. 6025
1. Time of Notices: Except as otherwise required, public notification of
meetings, hearings, and pending actions, and epeR Fee9Fd appeals7 as defined by
chapter 42.30 RCW, shall be made by:
a. Publication at least ten (10) days before the date of a public meeting,
hearing, or pending action in the official newspaper if one has been designated or
a newspaper of general circulation in the City,
b. Mailing (U.S. Postal or electronic transmittal (email) if agreed to by
parties) at least ten (10) days before the date of a public meeting, hearing, or
pending action to all parties of record, the project proponent and affected
government agencies, and
c. Posting on the City's webpage at least ten (10) days before the date
of public meeting, hearing, or pending action.
2. Content of Notice: The public notice shall include a general description
of the proposed project, the action to be taken, a nonlegal description of the
property or a vicinity map or sketch, the time, date and place of the public hearing,
where further information may be obtained, and the following, or equivalent,
statement: "If the hearing on a pending action cannot be completed on the date
set in the public notice, the meeting or hearing may be continued to a date certain
and no further notice under this Section is required."
SECTION IV. Subsection 4-8-110.C.8 of the Renton Municipal Code is amended as
shown below. All other provisions in 4-8-110.0 remain in effect and unchanged.
C. GENERAL INFORMATION APPLICABLE TO APPEALS:
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ORDINANCE NO. 6025
The following applies to appeals to the Hearing Examiner and City Council
unless otherwise provided elsewhere in the RMC or by state law:
1. Standing: Only the applicant, City or a person who has been made a
party of record prior to the issuance of a decision may appeal the decision. In order
to appeal, the person shall be aggrieved or affected by the decision pursuant to
RCW 36.70C.060.
2. Time to File: Except for final EIS decisions, all appeal periods shall be
fourteen (14) calendar days, which shall begin either three (3) calendar days after
the date of mailing of the decision to the parties of record via U.S. Postal mail by
the City Clerk, or the date the decision is electronically transmitted, posted or
emailed to the appellant and parties of record by the City Clerk, if such electronic
transmittal method has been previously approved or agreed to by the parties. The
appeal period for a final EIS shall be twenty (20) calendar days from the publication
of the final decision.
3. Required Form for and Content of Appeals: Any appeal shall be filed in
writing with the City Clerk. The written notice of appeal shall fully, clearly and
thoroughly specify the substantial error(s) in fact or law which exist in the record
of the proceedings from which the appellant seeks relief. If the appeal is unclear
and does not sufficiently explain the basis for the appeal, an order requiring the
appellant amend the appeal within ten (10) calendar days of the date of the order
may be issued. If the appeal is not satisfactorily amended within the time allowed,
it shall be dismissed.
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ORDINANCE NO. 6025
4. Filing of Appeal and Fee: The notice of appeal shall be accompanied by
a fee in accordance with the City of Renton fee schedule.
5. Facsimile Filings: Whenever any application or filing is required under
this Chapter, it may be made by facsimile. Any facsimile filing received at the City
after five o'clock (5:00) p.m. on any business day will be deemed to have been
received on the following business day. Any facsimile filing received after five
o'clock (5:00) p.m. on the last date for filing will be considered an untimely filing.
Any party desiring to make a facsimile filing after four o'clock (4:00) p.m. on the
last day for the filing must call the City Clerk's office and indicate that the filing is
being made by facsimile and the number to which the facsimile copy is being sent.
The filing party must ensure that the facsimile filing is transmitted in adequate
time so that it will be completely received by the City before five o'clock (5:00)
p.m. in all instances in which filing fees are to accompany the filing of an
application, those filing fees must be received by the City before the end of the
business day on the last day of the filing period or the filing will be considered
incomplete and will be rejected.
6. Motions: The Hearing Examiner may dismiss an appeal to the Hearing
Examiner, without hearing, when it is determined by the Hearing Examiner to be
untimely, without merit on its face, incomplete, or frivolous. Any application to
the Hearing Examiner for an order shall be by motion which, unless made during
a hearing, shall be in writing, stating the reasons for the request and setting forth
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ORDINANCE NO. 6025
the relief or order sought. Written motions shall be received at least five (5)
business days in advance of the hearing.
7. Parties: The parties in appeal hearings shall be the City, the applicant,
and the appellant(s), if different from the applicant or the City. No other persons
shall be allowed to testify unless serving as an expert witness for one of the
parties.
8. Notice of Appeal Filed ;^a 12--blir Maa"^^: If an appeal is filed with the
City Clerk, the City Clerk shall notify all parties of record to the decision subject to
the appeal. Notice shall be sent within five (5) calendar days via U.S. Postal mail
by the City Clerk, or on the date the application of appeal is received if electronic
transmittal (email) had been previously approved or agreed to by the parties, and
at least ten (10) days prior to the publie -appeal hearing. A hearing for the appeal
shall be set within twenty_one (21) days after acceptance of a complete
application for appeal.
9. Restrictions on Subsequent Actions: Any later request to interpret,
explain, modify, or retract the decision shall not be deemed to be a new
administrative determination creating a new appeal period for any new third party
to the permit.
10. Limit on Number of Appeals: Pursuant to RCW 36.7013.050 and
43.21C.075, the City has consolidated the permit process to allow for only one
open record appeal of all permit decisions associated with a single development
application.
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ORDINANCE NO. 6025
There shall be no more than one appeal on a procedural determination or
environmental determination such as the adequacy of a determination of
significance, nonsignificance, or of a final environmental impact statement.
Any appeal of the action of the Hearing Examiner in the case of appeals
from environmental determinations shall be joined with an appeal of the
substantive determination.
11. Exhaustion of Administrative Remedies: No person may seek judicial
review of any decision of the City unless that person first exhausts the
administrative remedies provided by the City.
SECTION V. Subsection 4-8-110.F.4 of the Renton Municipal Code is amended as
shown below. All other provisions in 4-8-110.F remain in effect and unchanged.
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.
4. Council Review Procedures: No public or open record appeal 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 applicant. If a transcript is made, 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.
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ORDINANCE NO. 6025
5. 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 subsections F5 through 7 of this Section, 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 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;
b. The project at issue in the Hearing Examiner's decision has more
than fifteen (15) documented parties of record;
c. The project 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
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ORDINANCE NO. 6025
e. A timely notice of appeal asserts that one or more treaty rights have
bearing on the outcome of the appeal.
9. 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.
10. 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 VI. 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 VII. 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 13th day of September, 2021.
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ORDINANCE NO. 6025
APPROVED BY THE MAYOR this 13th day of September, 2021.
Approved as to form:
Shane Moloney, City Attorney
Date of Publication: 9/16/2021 (Summary)
ORD:2162:7/15/21
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