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Home My WebLink AboutD_ERC_Determination_Quasi-Judicial_Appeals_180810.pdf Enclosure cc: King County Wastewater Treatment Division Ramin Pazooki, WSDOT, NW Region Boyd Powers, Department of Natural Resources Larry Fisher, WDFW Karen Walter, Fisheries, Muckleshoot Indian Tribe Duwamish Tribal Office Melissa Calvert, Muckleshoot Cultural Resources Program US Army Corp. of Engineers Gretchen Kaehler, Office of Archaeology & Historic Preservation Washington State Department of Ecology August 10, 2018 Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Subject: ENVIRONMENTAL (SEPA) THRESHOLD DETERMINATION Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on August 6, 2018: SEPA DETERMINATION: Determination of Non-Significance (DNS) PROJECT NAME: Quasi-Judicial Appeal Regulations PROJECT NUMBER: LUA18-000492, ECF Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on August 24, 2018, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information regarding the appeal process may be obtained from the City Clerk’s Office, (425) 430-6510. Please refer to the enclosed Notice of Environmental Determination for complete details. If you have questions, please call me at (425) 430-6576. For the Environmental Review Committee, Angie Mathias Long Range Planning Manager DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT SIGNATURES: Gregg Zimmerman, Administrator Public Works Department Date Rick M. Marshall, Administrator Renton Regional Fire Authority Date Kelly Beymer, Administrator Community Services Department Date C.E. Vincent, Administrator Date Department Of Community & Economic Development ENVIRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE (DNS) PROJECT NUMBER: LUA18‐000492, ECF APPLICANT: City of Renton PROJECT NAME: Quasi‐Judicial Appeal Regulations PROJECT DESCRIPTION: The applicant is requesting Environmental (SEPA) Review for amendments to the Renton Municipal Code (1) to expressly allow the City Council to render a quasi‐judicial appeal decision that affirms the underlying decision without substantive review, if necessary to avoid an undue burden on the City due to the complexity of the particular quasi‐judicial appeal; and (2) to clarify the environmental appeals process in RMC 4‐9‐070.R. These regulations would be citywide. PROJECT LOCATION: Citywide LEAD AGENCY: City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This Determination of Non-Significance is issued under WAC 197-11-340. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on August 24, 2018. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk’s Office, (425) 430-6510. PUBLICATION DATE: August 10, 2018 DATE OF DECISION: August 6, 2018 DocuSign Envelope ID: 5FF9C7F8-CD9F-4366-98AE-D7A518EAB370 8/7/2018 | 11:45 AM PDT 8/6/2018 | 8:56 AM PDT 8/6/2018 | 8:53 AM PDT 8/6/2018 | 11:59 AM PDT DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ERC Report: Quasi‐Judicial Appeal Regulations LUA18‐000492, ECF ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DATE: August 6, 2018 Project Name: Quasi‐Judicial Appeal Regulations Owner: City of Renton Applicant: City of Renton Contact: Leslie Clark, Senior Assistant City Attorney File Number: LUA18‐000492, ECF Project Manager: Leslie Clark, Senior Assistant City Attorney Project Summary: The applicant is requesting Environmental (SEPA) Review for amendments to the Renton Municipal Code (1) to expressly allow the City Council to render a quasi‐judicial appeal decision that affirms the underlying decision without substantive review, if necessary to avoid an undue burden on the City due to the complexity of the particular quasi‐judicial appeal; and (2) to clarify the environmental appeals process in RMC 4‐9‐070.R. These regulations would be citywide. Project Location: Citywide Exist. Bldg. Area SF: N/A Proposed New Bldg. Area (footprint): Proposed New Bldg. Area (gross): N/A N/A Site Area: N/A Total Building Area GSF: N/A STAFF RECOMMENDATION: Staff Recommends that the Environmental Review Committee issue a Determination of Non‐Significance (DNS). PART ONE: PROJECT DESCRIPTION / BACKGROUND This proposed amendment to the Renton Municipal Code addresses two issues relating to quasi‐judicial appeals: (1) updating the pathway for quasi‐judicial appeals by expressly allowing the City Council to render a quasi‐judicial appeal decision that affirms the underlying decision without substantive review, if necessary to avoid an undue burden on the City due to the complexity of the particular quasi‐judicial appeal and (2) resolving an ambiguity caused by the language of RMC 4‐9‐070.R (regarding environmental appeals). Issue 1: Updating the pathway for quasi‐judicial appeals Currently, RMC 4‐8‐080 designates that many land use decisions rendered by the Hearing Examiner are appealable to the City Council in a quasi‐judicial appeal. This pathway can create burdens on and risks to the City and the City Council. This is particularly true for complex appeals with multiple parties of record or multiple associated permits, that cross jurisdictional boundaries, and/or that implicate treaty rights. City of Renton Department of Community & Economic Development Environmental Review Committee Report QUASI‐JUDICIAL APPEAL REGULATIONS LUA18‐000492, ECF Report of August 6, 2018 Page 2 of 3 ERC Report: Quasi‐Judicial Appeal Regulations LUA18‐000492, ECF Proposed Text Amendments to Code Staff recommends amending the appeal provisions of the Renton Municipal Code to update the pathway for quasi‐judicial appeals by expressly allowing the City Council to render a decision affirming the underlying decision without substantive review, if necessary to avoid an undue burden on the City. Issue 2: Resolving the ambiguity in RMC 4‐9‐070.R The language of RMC 4‐9‐070.R designates the Hearing Examiner as the appellate body when a project or action is “granted, conditioned, or denied on the basis of [the State Environmental Policy Act] by a nonelected official...” This language creates three ambiguities: (1) The Hearing Examiner hears certain SEPA appeal issues, but per RMC 4‐8‐080, for some project types the Hearing Examiner is also the underlying decision maker; (2) although the Hearing Examiner hears certain SEPA appeal issues, per RMC 4‐8‐080, for some project types the City Council hears the other appeal issues on the same proposal; and (3) the code language is unclear whether the provisions apply to both SEPA procedural appeals and SEPA substantive appeals. Proposed Text Amendments to Code Staff recommends amending RMC 4‐9‐070.R to (1) provide that where the Hearing Examiner is the decision maker, the Hearing Examiner is not also the appellate body (which will also avoid the circumstance in which the Hearing Examiner decides some appeal issues while the City Council the decides the other appeal issues on the same proposal) and (2) clarify that quasi‐judicial appeals are available only for SEPA substantive appeals; SEPA procedural appeals will instead be directed to superior court. PART TWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21C.240, the following environmental (SEPA) review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Environmental Threshold Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DNS with a 14‐day Appeal Period. B. Mitigation Measures None. C. Exhibits None. D. Environmental Impacts There are no environmental impacts that are anticipated to occur in conjunction with the proposal. City of Renton Department of Community & Economic Development Environmental Review Committee Report QUASI‐JUDICIAL APPEAL REGULATIONS LUA18‐000492, ECF Report of August 6, 2018 Page 3 of 3 ERC Report: Quasi‐Judicial Appeal Regulations LUA18‐000492, ECF E. Comments of Reviewing Departments The proposal will be circulated to City Department Division Reviewers and appropriate agencies. All substantive comments will be provided to the Responsible Officials for their consideration and possible recommendation that the comments be incorporated as “Advisory Notes to Applicant.” Environmental Determination Appeal Process: Comments and Appeals of the environmental determination must be filed in writing on or before 5:00 PM on August 24, 2018. Renton Municipal Code Section 4‐8‐110.B governs appeals to the Hearing Examiner. Appeals must be filed in writing at the City Clerk’s office along with the required fee. Additional information regarding the appeal process may be obtained from the City Clerk’s Office, Renton City Hall ‐ 7th Floor, 1055 S. Grady Way, Renton WA 98057.