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H:\CED\Planning\Title IV\Docket\Administrative Policy Code Interpretation\CI-147\Code Interpretation.docx
Department of Community and Economic Development
Planning Division
ADMINISTRATIVE POLICY/CODE INTERPRETATION
ADMINISTRATIVE
POLICY/CODE
INTERPRETATION #: CI-147
MUNICIPAL
CODE SECTIONS: RMC 4-8-100.I Reconsiderations
REFERENCE: N/A
SUBJECT: Reconsideration of Shoreline Permits
BACKGROUND: The language in RMC 4-8-100.I establishes a procedure allowing an
individual with standing (referenced herein as “Party of Record”) to
request a reconsideration by the decision maker (i.e. Administrator,
Hearing Examiner, or City Council) if they believe a decision was made
based on erroneous procedure, error of law or fact, or error in judgment.
The language in RMC 4-8-100.I is intended to give a Party of Record a
mechanism to request reconsideration of a decision before initiating the
standard appeal process. In addition to being less onerous for both the
Party of Record and the City than a standard appeal, a request for
reconsideration allows the decision maker to more easily correct a
decision that may have been made in error. However, the code is sile nt
on which land use permits are eligible for the reconsideration process.
Shoreline permits required under the Shoreline Master Program (SMP),
are not considered final for appeal purposes until acted on by or filed
with the Washington Department of Ecology (DOE). Decisions on
shoreline permits made by or filed with DOE are subject to a separate
appeal process and timeline as outlined in the Shoreline Management
Act, chapter 90.58 RCW (SMA). The SMA regulations do not specifically
provide for a reconsideration process for shoreline permits. The silence in
RMC 4-8-100.1 creates confusion as to whether shoreline permits subject
to the SMA are eligible for reconsideration.
DECISION: Amend RMC 4-8-100.I Reconsiderations to clarify that reconsideration
requests are not permitted for permits subject to SMA, including
Shoreline Substantial Development Permits, Shoreline Conditional Use
Permits, and Shoreline Variances.
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JUSTIFICATION: The majority of land use or permit decisions are made by the
Administrator, the Hearing Examiner, or the City Council, and are subject
to the standard reconsideration and appeal processes in the Renton
Municipal Code. Shoreline permits are administered by local government
in accordance with the local SMP. However, under the SMA, Shoreline
permits issued by a local government are subject to oversight by DOE.
Specifically, for Shoreline Conditional Use Permits and Shoreline
Variances - DOE issues the final decision; for Shoreline Substantial
Development Permits – DOE’s receipt of the local government’s decision
commences the appeal period. Appeals made on shoreline permits are
heard by the Shoreline Hearings Board and are not subject to the appeal
processes in local codes.
Due to the difference in appeal processes between shoreline permits and
other locally issued permits or decisions, the option of a reconsideration
request is not appropriate for any type of shoreline permit. Removing the
ability for shoreline reconsideration requests will avoid conflicts that
would arise due to a difference between reconsideration or appeal
periods or outcomes established by the RMC and the RCW. In order to
ensure a clean appeal process that is consistent with the appeal
requirements outlined in the SMA, requests for reconsideration shou ld
not be accepted for any type of shoreline permit.
ADMINISTRATOR
APPROVAL: _______________________________________
C. E. “Chip” Vincent
EFFECTIVE DATE: October 5, 2018
APPEAL
PROCESS: To appeal this determination, a written appeal--accompanied by the
required filing fee--must be filed with the City's Hearing Examiner (1055
South Grady Way, Renton, WA 98057, 425-430-6515) no more than 14
days from the date of this decision. Your submittal should explain the
basis for the appeal. Section 4-8-110 of the Renton Municipal Code
provides further information on the appeal process.
DISCLAIMER: Excerpts from the Renton Municipal Code shown below may not contain the most
recently codified text. In such instances, code amendments implemented through this
Administrative Code Interpretation shall be construed to affect the current code and past/future
Administrative Code Interpretations not yet codified in the same manner as shown below.
Should any conflicts result the Administrator shall determine the effective code.
CODE
AMENDMENTS
NEEDED TO
IMPLEMENT
DETERMINATIONS:
RMC 4-8-100.I Reconsiderations
1. When a reconsideration request has been submitted to the City Clerk before the appeal
period has expired, the matter and appeal period shall be held in abeyance pending the
CI-147 Page 3 of 3
outcome of the request for reconsideration. When a request for reconsideration i s filed with
the City Clerk, the City Clerk shall notify all parties of record to the decision. Notice shall be sent
within five (5) calendar days via U.S. Postal mail by the City Clerk, or on the date the request is
received if electronic transmittal (email) had been previously approved or agreed to by the
parties. A fourteen (14) calendar day appeal period shall commence upon the issuance of a
reconsideration that reverses the original decision.
2. In order to request reconsideration, the person must hav e been made a party of record to
the decision.
3. A party of record to a decision who asserts the decision was based on erroneous procedure,
error of law or fact, or error in judgment may make a written request for reconsideration by the
decision maker (e.g., Administrator, Hearing Examiner, City Council). Any such request for
reconsideration must be made within fourteen (14) calendar days after the written decision has
been rendered. The request shall set forth the specific errors and any arguments for
reconsideration, limited to the evidence in the administrative record unless authorized by
chapter 36.70B RCW, relied upon by such appellant, and the decision maker may, after review
of the record, take further action as deemed proper by said decision maker. The decision maker
may request further information from the applicant, which shall be provided within ten (10)
calendar days of the request. Reconsideration cannot be requested for shoreline permits,
including but not limited to: Shoreline Substantial Development Permits, Shoreline Conditional
Use Permits, and Shoreline Variances.
4. The written decision on the request for reconsideration shall be transmitted to all parties of
record within ten (10) business days of receipt of the request for reconsideration or receipt of
the additional information requested, whichever is later.
5. Each party of record to a decision shall be limited to one request for reconsideration.
STAFF CONTACT: Alex Morganroth, Associate Planner x7219