HomeMy WebLinkAboutORD 5605CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5605
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTION 4-8-100C OF CHAPTER 8, PERMITS - GENERAL AND APPEALS, AND
SECTION 4-11-090 OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT
REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL
ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY ADDING
PROVISIONS TO TITLE IV TO ALLOW EXPIRATION OF INACTIVE INCOMPLETE
AND COMPLETE APPLICATIONS.
WHEREAS, current regulations do not provide for expiration of applications that are
inactive; and
WHEREAS, vesting to development standards is obtained the date an application is
determined to be complete and such vesting is maintained in perpetuity; and
WHEREAS, many complete land use applications have become inactive and maintained
inactivity for many years, resulting in applications that could be re-activated and maintain
vesting to older codes and regulations; and
WHEREAS, the City Council has amended the development regulations numerous times
in the past to maintain consistency with the Comprehensive Plan, new policy direction, and a
changing City; and
WHEREAS, the City seeks to amend Title IV to permit the expiration of inactive land use
applications after official notice and ample time has been provided to the project applicant; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation,
study, and the matter having been duly considered by the Planning Commission, and the zoning
text amendment request being in conformity with the City's Comprehensive Plan, as amended;
and
ORDINANCE NO. 5605
WHEREAS, the Planning Commission held a public hearing on March 16, 2011, having
duly considered all matters relevant thereto, and all parties having been heard appearing in
support or opposition;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. Subsection 4-8-100C, Letter of Completeness, of Chapter 8, Permits -
General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled
"Code of General Ordinances of the City of Renton, Washington", is hereby amended as
follows:
C. LETTER OF COMPLETENESS:
1. Timing: Within twenty eight (28) days after receipt of an application, the
Department of Community and Economic Development Services Division shall
provide a written determination that the application is deemed complete or
incomplete according to the submittal requirements as listed in RMC 4-8-120A, B
or C, and any site-specific information identified after a site visit. In the absence
of a written determination, the application shall be deemed complete.
2. Applications Which are Not Complete:
a. Notice of Incomplete Application: If an application is determined
incomplete, the necessary materials for completion shall be specified in writing
to the contact person and property owner.
b. Notice of Complete Application or Request for Additional
Information: Within fourteen (14) days of submittal of the information specified
ORDINANCE NO. 5605
as necessary to complete an application, the applicant will be notified whether
the application is complete or what additional information is necessary. The
maximum time for resubmittal shall be within ninety (90) days of written notice.
c. Time Extensions: In such circumstances where a project is complex or
conditions exist that require additional time, the Administrator of the
Department of Community and Economic Development or designee may allow
the applicant, contact person and/or property owner additional time to provide
the requested materials. When granted, extension approvals shall be provided in
writing.
3. Additional Information May Be Requested: A written determination of
completeness does not preclude the Department of Community and Economic
Development Services Division from requesting supplemental information or
studies, if new information is required to complete review of an application or if
significant changes in the permit application are proposed. The Department of
Community and Economic Development Services Division may set deadlines for
the submittal or supplemental information.
4. Expiration of Complete Land Use Applications: Any land use application
type described in Section 4-8-080 that has been inactive and an administrative
decision has not been made or has not been reviewed by the Hearing Examiner
in a public hearing shall become null and void six (6) months after a certified
notice is mailed to the applicant, contact person and property owner, unless
ORDINANCE NO. 5605
other time limits are prescribed elsewhere in the Renton Municipal Code or
other Codes adopted by reference.
5. Extension of Complete Application: A one (1) time, one (1) year
extension may be granted if a written extension request is submitted prior to the
expiration date identified in the certified notice and the applicant, contact
person or property owner(s) has demonstrated due diligence and reasonable
reliance towards project completion. In consideration of due diligence and
reasonable reliance the Administrator of the Department of Community and
Economic Development or designee shall consider the following:
a. Date of initial application;
b. Time period the applicant had to submit required studies;
c. Availability of necessary information:
d. Potential to provide necessary information within one (1) year;
e. Applicant's rationale or purpose for delay; and
f. Applicant's ability to show reliance together with an expectation that
the application would not expire.
SECTION II. Section 4-11-090, Definitions I, of Chapter 11, Definitions, of Title IV
(Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington", is hereby amended to add a definition for "Inactive Application",
to read as follows:
INACTIVE APPLICATION: A submittal for a land use permit in which the applicant
has not provided requested documentation within the time period identified
ORDINANCE NO. 5fin5
through written communication, or there has been no communication or action
from the applicant for a period of ninety (90) days. Such time limit shall not
apply in the event the delay is caused by the City.
SECTION III. This ordinance shall be effective upon its passage, approval and five (5)
days after publication.
PASSED BY THE CITY COUNCIL this 6th day of June 2011.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 6th day of June , 2011.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication: 6/10/2011 (summary)
ORD.1704:4/28/ll:scr
/f-'L
Denis Law, Mayor