HomeMy WebLinkAboutORD 5853 CITY OF RENTON, WASHINGTON
ORDINANCE N0. 5853
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS
4-7-070 AND 4-7-230 OF CHAPTER 7, SUBDIVISION REGULATIONS, 4-8-080, 4-8-
090,4-8-100 AND 4-8-110 OF CHAPTER 8, PERMITS—GENERAL AND APPEALS, 4-
9-020 AND 4-9-180 OF CHAPTER 9, PERMITS — SPECIFIC, AND 4-11-160 OF
CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF THE
RENTON MUNICIPAL CODE, AMENDING THE REGULATIONS RELATED TO
HEARING EXAMINER PROCEEDINGS AND AMENDING THE DEFINITION OF
"PARTY OF RECORD."
WHEREAS, the Planning Commission held a public hearing on May 3, 2017, and
considered all relevant matters, and all parties were heard appearing in support or in opposition;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Subsections 4-7-070.H, Administrative Review, and 4-7-070.1, Appeal, of
Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of the Renton
Municipal Code, are amended as follows:
H. ADMINISTRATIVE REVIEW:
1. Review Time:The Administrator will review and take action on the
proposed short plat within the "time limits" as defined in chapter 58.17 RCW. A
fourteen (14)day public comment period shall be provided prior to any final action
by the Administrator on the proposed short plat.
2. Action:The Administrator may approve, approve with modifications, or
deny the application for a short plat. Action for short plats otherwise referred to
the Hearing Examiner shall be by the Hearing Examiner. Every decision or
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ORDINANCE N0. 5853
recommendation made under this Section shall include findings of fact and
conclusions to support the decision or recommendation.
3. Approval: If the Administrator finds that the proposed plat makes
appropriate provisions for the public health, safety, and general welfare and for
such open spaces, drainage ways, streets, alleys, other public ways, water
supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds
and all other relevant facts and that the public use and interest will be served by
the proposed short plat, then it shall be approved. The applicant shall be notified
in writing of the decision.
4. Approval with Modification(s): If modification(s)are deemed necessary
by the Administrator, then they may be added to the preliminary short plat map
or a revised map may be required. The applicant will be notified of any such
modification action. If a modification of the preliminary short plat map, legal
description or other information is necessary,the projected approval date may be
extended.
5. Referral to the Hearing Examiner: If the Administrator determines that
there are sufficient concerns by residents in the area of the short plat, or by City
staff, to warrant a public hearing, then he/she shall refer the short plat to the
Hearing Examiner for public hearing and decision by the Hearing Examiner. Notice
of the public hearing shall be given as required for a full subdivision.
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ORDINANCE NO. 5853
6. Denial: If denied, the preliminary short plat map shall be marked
"Denied" and the applicant shall be notified in writing of the decision, stating the
reasons therefor.
7. Reconsideration: See RMC 4-8-100, Application and Decision—General.
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I. APPEAL: See RMC 4-8-110, Aqpeals.
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SECTION II. Subsection 4-7-230.K, Review Authority Decision,of Chapter 7, Subdivision
Regulations, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
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ORDINANCE N0. 5853
K. REVIEW AUTHORITY DECISION:
1. Action: Binding site plans shall be reviewed based upon the general
criteria in this Section and other criteria applicable to the site plan or development
agreement with which the applicant elects to merge the binding site plan
application. Every decision made under this Section shalt include findings of fact
and conclusions to support the decision.
2. Approval: If the proposed binding site plan is found in conformance to
the standards and requirements of this Section, then it shall be approved.
3. Approval with Modifications: If modification(s) are deemed necessary,
then they may be added to the binding site plan or a revised binding site plan may
be required. The applicant shall be notified of any such modification action.
4. Referral to the Hearing Examiner: Except when a binding site plan is
merged with a development agreement, if the Administrator determines that
there are sufficient concerns by residents in the area of the binding site plan, or
by City staff, to warrant a public hearing, then he/she shall refer the binding site
plan to the Hearing Examiner for public hearing and decision by the Hearing
Examiner. Notice ofthe public hearing will be given as for a Type III permit hearing.
Binding site plans merged with development agreements shall be approved by
City Council pursuant to the requirements of RCW 36.70B.170 et seq.
5. Denial: If the binding site plan is denied, the applicant shall be notified
in writing of the decision, stating the reasons for the denial of the application.
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ORDINANCE N0. 5853
6. Reconsideration: See RMC 4-8-100,Application and Decision-General.
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SECTION III. Subsections 4-8-080.C, Consolidated Review Process for Multiple Permit
Applications, 4-8-080.D, Time Frame Based on Permit Type, 4-8-080.E, Time Frames-Maximum
Permitted, and 4-8-080.F, Exclusions from One Hundred Twenty(120) Day Time Limit, of Chapter
8, Permits-General and Appeats, of Title IV (Development Regulations) of the Renton Municipal
Code, are amended as follows:
C. CONSOLIDATED REVIEW PROCESS FOR MULTIPLE PERMIT APPLICATIONS:
1.Aq�ie�a�-Consolidation Process Resulting in a Single Open Record
Public Hearing: An applicant seekin� approval of multiple permits with varvin�
review and decision authoritv m^••^'^�+*^ "^��^ shall consolidate the applications
for r��,r�ew anrl ria�i�inn •,r„�„�� �'�• • ����•�a '�� !'w +�,«a-:,,«d Sillgl2
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review process. Consolidated review shall provide for only one �open record
hearing and no more than one �closed record appeal period. Appeals of
environmental determinations shall be consolidated except when allowed to be
part of separate hearings in accordance with RCW 43.21C.075, Appeals, and
WAC 197-11-680, Appeals. Where hearings are required for permits from other
local, State, regional, or Federal agencies, the City will cooperate to the fullest
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ORDINANCE N0. 5853
extent possible with the outside agencies to hold a single joint hearing.�4�le�e#a��
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2. Review Authority for Multiple Permit Applications: Where more than
one� land use permit application is required for a given development, an
applicant may file all related permit applications concurrently, pay appropriate
fees, and the processing may be conducted under the consolidated review
process. Where required permits are subject to different types of permit review
procedures, then all the applications are subject to the highest-number
procedure, as identified in ����:�RMC 4-8-080.G ^{+"�� c^�+;^�, and highest
level of review authority, as identified in RMC 4-8-070, that applies to any of the
applications. Appeals of environmental determinations shall
be consolidated except when allowed to be part of separate hearings in
accordance with RCW 43.21C.075, Appeals, and WAC 197-11-680, Appeals.
3. Exceptions to Consolidated Review:The followin�permits or approvals
are exempt from the consolidated review process:
a. Tvpe V and Tvpe VI Land Use Permits;
b. Approvals relatin�to the use of public areas or facilities• and
c. Other proiect permits, whether administrative or auasi-iudicial
that the Citv bv ordinance or resolution has determined present special
circumstances that warrant a review process different from that provided bv this
Section.
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D. Repealed. T�""� �o���� Q��rr, ��� oro���T T�o�.
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E.TIME FRAMES—"nnv�nni inn nronnincn.
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{r,,.�,., +�„ ,�.,+„ -, .,�;,..,+;,,., ;� ,�,,,,..,.,�,� ,. ���+ For permit types I throu�h IV,
the timelines include the statutorv requirement that requires the issuance of a
letter of completeness within twentv-ei�ht (28) days of the application submittal
pursuant to RCW 36.70B.070(1), and the provision for final decisions on permits
within one hundred twentv (120) days of receipt of a complete application unless
the applicant consents to an extension of such time period. If a project application
is substantially revised by an applicant, the one hundred twenty (120) day time
period shall start again after the revised project application is determined to be
complete. Development applications �k�that are specifically exempted under
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RMC 4-8-050, Exemptions from State Process Requirements, are not subject to
this time frame.
F. EXCLUSIONS FROM ONE HUNDRED TWENTY (120) DAY TIME LIMIT:
In determining the number of days�•�"����elapsed since the applicant was
notified that the application is complete, the following periods shall be excluded:
1. Revisions/Additional Information Required:The time period in which
an applicant has been requested by the Bevele,�r�c��e�v+c�s Bi�s�it�
Department to correct plans, perform required studies, or provide additional
information. The period shall be calculated from the date the ^^.,^'^^^^^^+
c^�.,;�^� ^�.,���^^ Department notifies the applicant of the need for additional
information until: (a) the date the 8iui�ie�-}Department determines the additional
information satisfies the request for information, or (b) fourteen (14) days after
the date acceptable information has been provided to the City, whichever is
earlier. If the �+�+sie�Department determines that the information submitted is
insufficient, it shall notify the applicant of the deficiencies.
2. EIS Preparation: A period of two hundred fifty (250) days for the
preparation of a draft environmental impact statement (DEIS), following a
determination of significance. This time frame shall commence after the final
scoping of the DEIS is complete.
3. Applicant Agreements: Any time extension mutually agreed upon by
the applicant and the n^��^'^^m^^* c^-,,;� � ^�.,����� Department.
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ORDINANCE N0. 5853
SECTION IV. The Type VI subsection and Footnote 8, of 4-8-080.G, Land Use Permit
Procedures, of Chapter 8, Permits—General and Appeals, of Title IV (Development Regulations)
of the Renton Municipal Code, is amended as shown below.The other subsections and footnotes
in 4-8-080.G shall remain as currently codified.
LAND USE PUBLIC OPEN DECISION/ OPEN CLOSED �UDICIAI
PERMITS NOTICE OF RECOMMENDATION RECORD ADOPTION RECORD RECORD APPEAL
APPLICATION HEARING' APPEAL HEARING
"
TYPE Vl#
Development Yes Staff, PC PC CC GMHB
Regulation Text
Amendmentsg
Comprehensive Yes Staff, PC PC CC GMHB
Plan Map or
Text
Amendments
(may include
associated
rezones)$
FOOTNOTES:
8. Street vacations� development re�ulation text amendments and
Comprehensive Plan map or text amendments are exempt from the one hundred
twenty (120) day permit processing time limit.
SECTION V. Subsections 4-8-090.E, Notice of Administrative Decisions, 4-8-090.F,
Notice of Public Hearing, 4-8-090.G, Notice of Hearing Examiner Decision, and 4-8-090.H, Notice
of City Council Decision, of Chapter 8, Permits —General and Appeals, of Title IV (Development
Regulations) of the Renton Municipal Code, are amended as follows:
E. NOTICE OF ADMINISTRATIVE DECISIONS:
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ORDINANCE N0. 5853
The Department shall notify all parties of record, the project proponent and
affected government agencies of any administrative decision subject to notice.
Notification shall be made by U.S. postal mail, or electronic transmittal (e-mail) if
a�reed to by parties; however, the Department may also elect to post the notices
of administrative decision at or near the project site. The notice shall include:
1. A description of the decision(s), including any conditions of approval.
2. A statement explaining where further information may be obtained.
3. Any threshold environmental determination issued for the project. If an
application subject to an administrative approval requires an environmental
threshold determination, the notice of administrative approval shall include the
threshold determination and its appeal process.
4. The decision and a statement that the decision will be final unless an
appeal to the Hearing Examiner is filed with the City Clerk within fourteen (14)
days of the date of the decision.
F. NOTICE OF PUBLIC HEARING:
Notice of a public hearing for all development applications subject to
notification requirements and all open record appeals shall be given as follows:
1. Time of Notices: Except as otherwise required, public notification of
meetings, hearings, a�pending actions, and open record appeals, as defined by
chapter 42.30 RCW, shall be made by:
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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 (e-mail) if a�reed to bv
arties 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. Postin�on the Citv's webpa�e at least ten (10) davs before the date
of public meetin�, hearin�, or pendin� action. °^�*;^^^�*"�^^ ��� „^+;,.,,� -.+ �„-,�+
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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."
G. NOTICE OF HEARING EXAMINER DECISION:
Notice of Hearing Examiner decisions subject to notice requirements shall be
made by the Hearing Examiner's office, or designee, to all parties of record, the
project proponent, the Department, and affected government agencies.
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Notification shall be made by mail (U.S. postal or electronic transmittal (e-mail) if
a�reed to bv parties) and shall include:
1. A description of the decision(s), including any conditional approval.
2. A statement explaining where further information may be obtained.
3. Any threshold environmental determination issued and its appeal
process.
4. The decision date and a statement that the decision will be final unless
an appeal to the City Council is filed with the City Clerk within fourteen (14) days
of the date of the decision.
H. NOTICE OF CITY COUNCIL DECISION:
Notice of City Council decisions subject to notice requirements shall be made
by the City Clerk's office to all parties of record, the project proponent, the
Department, and affected government agencies. Notification shall be made by
mail (U.S. postal or electronic transmittal (e-mail) if a�reed to bv parties) and shall
include:
1. A description of the decision(s), including any conditions of approval.
2. A statement explaining where further information may be obtained.
3. Any threshold environmental determination issued and its appeal
process.
4. The decision date and a statement that the decision will be final unless
the appropriate land use appeal, writ of review or appeal from the decision of the
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ORDINANCE N0. 5853
City Council is filed with the Superior Court within fourteen (14) days of the date
of the decision.
SECTION VI. Section 4-8-100, Application and Decision —General, of Chapter 8, Permits
— General and Appeals, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
4-8-100 APPLICATION AND DECISION—GENERAL:
A. PREAPPLICATION MEETING:
1. When Required :A preapplication meeting
prior to formal submittal of a development application is required if a waiver of
submittal requirements is requested or a proposed project is within the Airport
Influence Area�. • a preapplication meeting is
recommended for all other projects.
2. Purpose: The meeting is not intended to provide an exhaustive review
of all potential issues. Preapplication review does not prevent or limit the City
from applying all relevant laws at the time of application submittal. The purposes
of a preapplication meeting are:
a. To acquaint an applicant with the requirements of the City's
development regulations and other applicable laws.
b. To provide an opportunity for the City to be acquainted with a
proposed application prior to review of a formal application.
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ORDINANCE NO. 5853
3. Preapplication Submittal Requirements: Preapplication meeting
submittal requirements are available through the �^{ °^^*^^ ^^„^�^^�^^+
c,,.-,,,,.�� nc,,;�,,,., Department.
4. Waiver of Formal Application Submittal Requirements: An applicant
may submit a written request for a waiver from formal application submittal
requirements under RMC 4-8-120, Submittal Requirements, which may be
considered during a preapplication meeting.
B. SUBMITTAL OF FORMAL APPLICATION:
Applications, except appeals� ef a�mini3�r�t+vg—er e���T�R„
�^*^�^^�^,*�^^�shall be filed with the���^�^^�^^^* c^�.,� � ��.,���^^ Department.
C. LETTER OF COMPLETENESS:
1.Timing: Within twenty_eight (28) days after receipt of an application,
the Department�'^m�^,��;+„-.,,,� r,.,,�,,.,.,;,.n,.,,,,�,,., *shall provide a written
determination that the application is deemed complete or incomplete according
to the submittal requirements as listed in RMC 4-8-120.A, 6 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. Incomplete Applications .
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.
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ORDINANCE N0. 5853
b. Notice of Complete Application or Request for Additional
Information: Within fourteen (14) days of submittal of the information specified
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 r^�m��^�*., �^� ��^^^m;�
^^.,^'^^�^^+ Administrator 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
���^'^^�^^^* 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
,^�' `�^^^�^�� ^^„^'^^�^^* may set deadlines for the submittal or supplemental
information.
4. Expiration of Complete Land Use Applications: Any land use application
type described in RMC 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 other time
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limits are prescribed elsewhere in the Renton Municipal Code or other codes
adopted by reference.
5. Extension of Complete Application: A one�-time, one f�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 �v:r�^��^�*��,^� ��^^^�;� ^^„^�^^ *Administrator 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.
D. NOTICES TO APPLICANT:
The applicant shall be advised of the date of acceptance of the application and
of the environmental determination, if applicable. The applicant shall be advised
of the date of any public hearing at least ten (10) days prior to the public hearing.
E. ADMINISTRATIVE DECISION: The Administrator shall issue decisions within
the timeframes established in RMC 4-8-080 Permit Classification.
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ORDINANCE N0. 5853
€F. REPORT BY B€V�6RRM€N� �E-R�6€S THE DEPARTMENT FOR PUBLIC
HEARING:
1. Report Content: When �-an application has been set for public
hearing, if required, the Bevel�menr-�e�-�Ees���–Department shall
coordinate and assemble the comments and recommendations of other City
departments and government agencies having an interest in the subject
application and shall prepare a report summarizing the factors involved and the
E�evelepmenT—�erv+ees Bivisien Department findings and supportive
recommendations.
2. Report Timing: At least seven (7) calendar days prior to the scheduled
hearing, the report shall be filed with the Hearin� Examiner and copies thereof
shall be mailed to the applicant and shall be made available for use by any
interested party for the cost of reproduction.
G�. PUBLIC HEARING: The followin� shall apply to public hearin�s held by the
Hearin� Examiner:
1. Hearing by Hearing Examiner Required: Before rendering a decision or
recommendation on any application for which a public hearing is required, the
Hearing Examiner shall hold at least one (1) public hearing thereon.
2. Constitutes Hearing by Council: On applications requiring approval by
the City Council, the public hearing before the Hearing Examiner, if required, shall
constitute the hearing by the City Council. The Hearing Examiner shall have the
power to prescribe rules and regulations for the conduct of hearings under this
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ORDINANCE N0. 5853
Chapter subject to confirmation by the City Council, and to administer oaths and
preserve order.
3. Hearing Rules:
a. Scope of Rules: These rules apply to all hearings that are required by
the Renton Municipal Code to be held before the Hearing Examiner and shall serve
as guidance when the Hearing Examiner is given the duty to conduct hearings on
other subjects. The criteria for consideration of land use decisions are found in
chapter 4-9 RMC.
b. Organization Representative Required: When a group of people,
organization, corporation, or other entity, participates in a hearing, one�person
is to be designated to be its representative and inform the Hearing Examiner in
writing of the name, address and telephone number of that designated
representative. The rights of such participant shall be exercised by the person
designated as the representative. Except as otherwise provided in these rules,
notice or other communication to the representative is considered to be notice or
communication to the organization.
c. Powers of Hearing Examiner: The Hearing Examiner shall preside
over the hearing. The Hearing Examiner shall have all of the authority and duties
granted to the Hearing Examiner in state statutes, the City code, and other City
ordinances. Included in the duties of the Hearing Examiner are the following: to
conduct fair and impartial hearings, to take all necessary action to avoid delay in
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ORDINANCE N0. 5853
the disposition of proceedings, and to maintain order. The Hearing Examiner has
all powers necessary to that end, including the following:
i. To administer oaths and affirmations;
ii. To rule upon offers of proof and receive evidence;
iii. To regulate the course of the hearings and the conduct of the
parties and their agents;
iv. To consolidate matters under consideration for hearing
whenever the interests of justice and efficiency will be served or as required by
the City code;
v. To question any participant at the hearing;
vi. To hold conferences for settlement, simplification of the issues,
or any other proper purpose;
vii. To require briefing on legal issues;
viii. To consider and rule upon all procedural and other motions
appropriate to the proceedings; and
ix. To make and file decisions and recommendations.
d. Conflict with State Law or Procedural Due Process: These rules of
procedure are adopted to supplement the requirements of the Renton Municipal
Code, state law and procedural due process. In the event that there are any
conflicts between these rules and the provisions of the Renton Municipal Code,
state law or procedural due process, the provisions of the Renton Municipal Code
or procedural due process shall prevail.
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e. Nature of Proceedings:
i. Frequency: Hearings before the Hearing Examiner shall be held
at the time and place specified in the notice of hearing. Each matter shall be noted
to commence at a particular time. Once commenced, a hearing may be continued
by the Hearing Examiner for good cause.
ii. Format:The format for a hearing will be of an informal nature
yet designed in such a way that the evidence and facts relevant to a particular
proceeding will be easily ascertainable by a reviewing body. The format will allow
development of a record consistent with these rules.
iii. Site Visit: Site visits may be helpful in understanding evidence
that has been or might be presented at a hearing. When deemed necessary by the
Hearing Examiner, the Hearing Examiner may inspect the site before or after a
hearing. If the Hearing Examiner intends to conduct a post-hearing inspection, he
or she shall ensure that the parties have an opportunity to be heard concerning
the visit.
iv. Record of Hearing: Hearings shall be electronically recorded
and such recordings shall be a part of the official case record. No minutes of the
hearing will be required, except that the list of witnesses testifying and exhibits
offered and/or entered shall be maintained throughout the proceedings. Written
transcripts of recorded proceedings are the responsibility of the person desiring
the transcript at his or her own cost. Any transcript must be provided to the City
Clerk and the Renton City Attorney at no cost.
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ORDINANCE NO. 5853
v. Computation of Time: In the computation of any period of time
prescribed or allowed in any manner bythe Hearing Examiner or Renton Municipal
Code, the day from which the time period begins to run shall not be included.
When the last day of the period so computed is a Saturday, Sunday or a City-
recognized holiday, the period shall run until the end of the next following
business day.
vi. Filing and Service:
(a) Filing occurs when documents are submitted to the Hearing
Examiner Clerk at the Renton City Clerk's Office. Documents may be submitted by
mail, personal delivery, fax, or e-mail. Filing is complete upon receipt, except that
filing by e-mail and fax must be confirmed during regular business hours. Courtesy
copies may be sent directly to the Hearing Examiner. Service by mail will be
deemed complete if postmarked two (2) days before the due date.
(b) Documents required to be served on another party of
record may be delivered personally, transmitted by facsimile or e-mail, or sent by
regular mail. Service must be complete by 5:00 p.m. on the day it is due. In the
case of regular mail, service will be deemed complete if postmarked two (2) days
before the due date.
(c) Except for final decisions, every party of record represented
by another person and every participant represented by another person consents
to service on the representative.
21
ORDINANCE N0. 5853
(d) At least seven (7) calendar days prior to the hearing, the
staff inember assigned to the matter shall file a written analysis ("staff report")
with the Hearing Examiner, along with all documents from the file he or she
determines are required for review of the matter. The staff report and an
identification of the documents shall be mailed to the applicant and to the
appellant(s), if different from the applicant. Any party may inspect the
Department's file and submit additional documents to the Hearing Examiner.
vii. Communications with Hearing Examiner: Any written or verbal
communication, made directly or indirectly with or by the Hearing Examiner that
occurs outside of the hearing and in the absence of other participants is an ex
parte communication. Ex parte communications are prohibited, except those
communications regarding written submissions that are copied to all other parties
of record or procedural matters. If an ex parte communication is prohibited by
these rules and is recognized after it occurs, a written statement of the
communication shall be made or the statement shall be disclosed during the
hearing with an opportunity for parties of record to respond.
viii. Appearance of Fairness: Proceedings before the Hearing
Examiner are quasi-judicial in nature and therefore the appearance of fairness
doctrine applies. At the commencement of the hearing or prior to
commencement, if known, the Hearing Examiner and parties of record are
required to disclose any fact that may affect the ability of the Hearing Examiner to
issue a fair and impartial decision.
22
ORDINANCE N0. 5853
ix. Hearing Examiner Pro Tem: In the event the Hearing Examiner
is unable to serve, a "Hearing Examiner Pro Tem" will be selected as determined
by the City. The Hearing Examiner Pro Tem shall have the same authority as the
Hearing Examiner.
x.Termination of Jurisdiction: The jurisdiction of the Hearing
Examiner ends when the Hearing Examiner issues a final decision or
recommendation in the matter and the time limit for all appeals has been
exhausted.All prehearing orders and non-final decisions and recommendations of
the Hearing Examiner are subject to reconsideration and correction.
xi. Consolidation ofAppeal Hearingwith Permit Hearing: When an
appeal hearing is consolidated with a permit hearing, the Hearing Examiner may
segregate testimony in the hearing into appeal and permit testimony. The format
for each of the segregated portions of the testimony may individually follow the
formats applicable to permit and appeal hearings, as required below.
f. Features Common to All Hearings:
i- A�41�. nll+.,�+�.ti,r..,..�L.�II L.,,+..I.,.... . ...,J,... .,..46. .. .,FF' +'
+i. Recording: Hearings shall be electronically recorded and the
recordings shall be made a part of the record. Copies of the electronic recordings
shall be made available on request upon payment of the costs of reproduction.
+ii. Evidence: Technicat rules of evidence will not be applied. The
key requirements for evidence will be relevance and reliability. Relevant and
reliable evidence will be admitted if it possesses probative value commonly
23
ORDINANCE NO. 5853
accepted by reasonable persons in the conduct of their affairs. The Hearing
Examiner may take judicial notice of facts general�y known or capable of accurate
and ready determination by resort to sources whose accuracy cannot reasonably
be questioned. Personal attacks shall not be tolerated, unless it is demonstrated
that there is no other manner in which relevant evidence can be presented.
iii�. Exhibits: Documents, photographs and physical evidence will
be admitted as exhibits as determined by the Hearing Examiner and each will be
assigned an exhibit number.
iv. Staff Report or Analysis: Any staff report or staff analysis
produced will be admitted as an exhibit in the hearing.
v+.Testimony — How Presented:Testimony may be presented
orally, in writing, or both. Persons giving expert testimony shall be subject to
questioning by both parties of record and by the Hearing Examiner. When
testimony is presented only in writing, the Hearing Examiner has discretion to
leave the record open for written responses by any party of record. The Hearing
Examiner is granted discretion to allow or disallow testimony by telephone or
other means that can be heard or reviewed by all parties of record.
vi+. Limits on Testimony: The Hearing Examiner may impose
reasonable limitations on the nature and length of testimony. In so doing, the
Hearing Examiner shall give consideration to:
(a) The expeditious completion of the hearing.
24
ORDINANCE N0. 5853
(b)The need to provide all parties of record a fair opportunity
to present their cases.
(c) Accommodating the desires of inembers of the public to be
heard, when public testimony is taken.
At the Hearing Examiner's discretion, irrelevant or unduly
repetitious testimony may be excluded. If all testimony cannot be presented in
the time available, the hearing will be continued.
vii+. Burden of Proof: For an application to be approved, a
preponderance of the evidence presented at the hearing must support the
conclusion that the application meets the legal decision criteria that apply, and.-
�the applicant shall have the burden of proof �^ , ^�^ �^����^^ �^�-��rt. The City
shall have the burden of proof in a code enforcement hearing. For an
administrative decision to be reversed or modified, the appellant has the burden
by a preponderance of the evidence to show that the legal decision criteria are
not met by the proposal as approved. In appeals of procedural matters under the
State Environmental Policy Act (SEPA), the determinations of the responsible
official shall be entitled to substantial weight.
viii+�. Expert Testimony: Affidavits, declarations or letters
containing expert opinion will generally be admitted without the presence of the
expert absent objection from the parties of record. Objections must be made at
the time the written expert testimony is made known to the objecting party. Upon
25
ORDINANCE N0. 5853
the submittal of a timely objection, the Hearing Examiner may continue the
hearing to require the expert to appear and be available for cross-examination.
ix. Filing of Papers: All written submissions made in advance of
hearing shall be filed with the Department ^{ r,,.............,;+„ -,,,,� �,.,,�,,,.„;,.
n^„^'^^^^^^+, marked for the attention of the Hearing Examiner.
x+. Closure and/or Continuation of Hearing: At the close of the
testimony, the Hearing Examiner may close; continue to a date and time certain;
continue to a tentatively scheduled date and follow with notice of date and time
certain to all attending parties; or close the public hearing pending the submission
of additional information on or before a date certain. The Hearing Examiner may
reopen proceedings, as allowed by law, for good cause any time prior to the
issuance of the decision or recommendation.
xi+. Application Dismissal: Until a final action on the application is
taken, the Hearing Examiner may dismiss the application for failure to diligently
pursue the application after notice is given to all parties of record.
g. Format of Permit Hearings:
i. The public hearing will be informal in nature, but organized, so
that testimony and evidence can be presented efficiently. The hearing shall
inctude at least the following elements:
(a) An introductory outline of the procedure by the Hearing
Examiner.
26
ORDINANCE N0. 5853
(b) Testimony by the City staff which shall summarize the
written staff report and provide any additional exhibits or other information the
staff believes should be brought to the Hearing Examiner's attention. The staff
presentation shall include a recommendation for approval, approval with
conditions, or denial.
(c) Testimony by the applicant and the applicant's witnesses.
(d) Testimony from others wishing to be heard.
(e) Rebuttal testimony and closing argument from staff.
(f) Rebuttal testimony and closing argument from the
applicant.
(g) Any participant in the hearing may present his or her
testimony through witnesses, provided that such witnesses, including expert
witnesses, must be personally present to so testify unless permission has been
granted in advance by the Hearing Examiner to present such testimony by
telephone.
ii.Testimony for Organizations: Whenever the views of any formal
or informal organization are to be presented, the organization shall designate a
representative with authority to coordinate the presentation and to speak for the
group. Any communications with the organization by the Hearing Examiner or by
any party of record during the course of proceedings shall be through the
designated representative.
27
ORDINANCE N0. 5853
iii. Requiring Further Information: When the Hearing Examiner
concludes that further information is necessary to reach a decision, the record
may be kept open to allow time for such information to be supplied. When
appropriate, an opportunity to reply to such information shall be provided to the
parties of record specified by the Hearing Examiner, either in writing or through
further hearings.
iv. Content of the Record:The record of a permit hearing shall
include at least the following:
(a) The application.
(b) The staff report, when one has been prepared.
(c) All documentary or physical evidence received and
considered, including all exhibits filed.
(d) Electronic recordings of the proceedings and/or an accurate
written transcription thereof.
6H. HEARING EXAMINER'S DECISION:
The followin� shall applv to permit applications for which the Hearin�
Examiner is char�ed with issuin�a final decision.
1. Form and Substance of Hearing Examiner's Decision/
Recommendation: The Hearing Examiner's decision or recommendation shall be
in writing and shall contain findings of fact and conclusions of law supporting the
result reached. Any conditions included as part of an approval shall be set forth.
28
ORDINANCE NO. 5853
The Hearing Examiner's decision and/or recommendation shall contain a
statement advising parties of their appeal rights.
2. Standard Decision Time: Unless the time is extended pursuant to this
Section, within fourteen (14) business days after the record closes, or of the date
set for submission of additional information pursuant to this Chapter,the Hearing
Examiner shall render a written decision, including findings and conclusions.
3. Decision Time Extension: In extraordinary cases, the time for filing of
the recommendation or decision of the Hearing Examiner may be extended for
not more than thirty (30) calendar days after the conclusion of the hearing if the
Hearing Examiner finds that the amount and nature of the evidence to be
considered, or receipt of additional information which cannot be made available
within the normal decision period, requires the extension. Notice of the extension,
stating the reasons therefor, shall be forwarded to all parties of record in the
manner set forth in this Section for notification of the Hearing Examiner's decision.
4. Conditions and Decision Options and Criteria:The Hearing Examiner
may approve or deny or provide a recommendation to the City Council regarding
the application or appeal before him or her. In any decision or recommendation
which allows a project, the Hearing Examiner may impose reasonable conditions
supported bythe record. Publictestimony is encouraged in all permit hearings but
the Hearing Examiner is concerned not with the popularity of the proposal, but
with whether it conforms to criteria for approval under the applicable code
29
ORDINANCE N0. 5853
provisions. The Hearing Examiner decides matters on the merits, based on the
preponderance of the evidence.
5. Decision Final: The decisions and/or recommendations of the Hearing
Examiner are final unless appealed or a reconsideration is requested and granted.
Failure of the Hearing Examiner to follow these rules shall not serve as a basis for
invalidation of the decision, but the Hearing Examiner is expected to apply these
rules to the best of his or her ability. �����^^� ^{ +"^ �^,-�^rt ���^,;^^� , ^ +h
F�..-,1 .�.,��.-�,,., .,�+t,., r�+„ -,�.� +ti�.., �� ..F +1, �.J � + +� I
6. Who Receives Copies of Decision/Recommendation: The Department
�f r,,......,.,,,,,;+„ .,.,,� r,.,,,,,,....,,,. n,,,,,,�,,..,,., + W��I maintain a copy of the Hearing
Examiner's decision or recommendation, available for public inspection, in the
official file of each application or appeal. The parties of record will receive a copy
or notice of the Hearing Examiner's decision or recommendation. The person
mailingthe decision shall prepare an affidavit of mailing, in standard form, and the
affidavit shall become a part of the record of the proceedings. In the case of
applications requiring City Council approval, the Hearing Examiner shall file the
decision with the City Council members individually or the City Council Liaison at
the expiration of the appeal period for the decision. Any other person may receive
a copy upon request upon payment of the costs of reproduction and postage as
allowed by the Public Records Act, chapter 42.56 RCW, as it exists or may be
amended.
30
ORDINANCE N0. 5853
7. Correction of Hearing Examiner's Decision/
Recommendation: Technical defects in the Hearing Examiner's decision or
recommendation may be corrected any time priorto the end of the appeal period,
but no such correction shall operate to lengthen the appeal period.
8. Termination of Jurisdiction: The jurisdiction of the Hearing Examiner
terminates upon the end of the appeal period for a decision or recommendation.
11. RECONSIDERATIONS:
a. When a reconsideration request has been submitted to the Citv
Clerk before the appeal period has expired the matter and appeal period shall be
held in abevance pendin�the outcome of the request for reconsideration When
a request for reconsideration is filed with the Citv Clerk the Citv Clerk shall notify
all parties of record to the decision. Notice shall be sent within five (5) calendar
davs via U.S. Postal mail bv the Citv Clerk or on the date the request is received if
electronic transmittal (e-mail) had been previouslv approved or a�reed to bv the
parties. A fourteen (14) calendar dav appeal period shall commence upon the
issuance of a reconsideration that reverses the ori�inal decision.
b. In order to reauest reconsideration, the person must have been
made a partv of record to the decision.
c. A partv of record to a decision who asserts the decision was based
on erroneous procedure, error of law or fact or error in iud�ment mav make a
written request for reconsideration bv the decision maker (e � Administrator
Hearin� Examiner, City Council). Any such request for reconsideration must be
31
ORDINANCE N0. 5853
made within fourteen (14) calendar davs after the written decision has been
rendered. The request shall set forth the specific errors and anv ar�uments for
reconsideration, limited to the evidence in the administrative record unless
authorized bv Chapter 36.706 RCW, relied upon bv such appellant and the
decision maker mav, after review of the record take further action as deemed
proper bv said decision maker. The decision maker mav request further
information from the applicant, which shall be provided within ten (10) calendar
davs of the request.
d. The written decision on the request for reconsideration shall be
transmitted to all parties of record within ten (10) business davs of receipt of the
request for reconsideration or receipt of the additional information requested
whichever is later.
e. Each partv of record to a decision shall be limited to one (1) request
for reconsideration.
�13�..raci �r�4iwr� �F Llnnrir�n CvnrMir��r�e� Iln � i�r�. A + + rl
�Peling�ha��h��eei�ien ef �he Hearing€�€a������c� T��sc��r�,-,�,-r2g{�3
RIYn(^acli�rticrcorc cf l�w or fp^cc� 2rrer in���smen�, Af��'le �156Ad2�6�F?�2V1�
�,�^^�+�- dau� aftar ��� o:ri��en �esisier� ef �k�e Hearin � � �
u„-,.-;.,.� r., �'+ c+w ,� + � � +�.
� r i a 1� i
32
ORDINANCE N0. 5853
,,.�.- ,-;++,,., ,� +�, „ +c •,� +•
-� a
ri+r.��no+�.J .,h'i-l�� .- 1-.+..
� � .
J�A. Appeals: See RMC 4-8-110.
K#. EXPIRATION OF DECISION:
The City declares that circumstances surrounding �and use decisions change
rapidly over a period of time. In order to assure the compatibility of a decision
with current needs and concerns, any such decision must be limited in duration,
unless the action or improvements authorized by the decision is implemented
promptly. Any application or permit approved pursuant to this Chapter�with the
exception of;�-o;,�Type IV, V, and VI permits, shall be implemented within two
(2) years of such approval unless other time limits are prescribed elsewhere in the
Renton Municipal Code or state law. Any application or permit which is not so
implemented shall terminate at the conclusion of that period of time and become
null and void. The Hearin� Examiner mav �rant one (1) extension of time for a
maximum of one (1) year for�ood cause shown. The burden of iustification shall
rest with the applicant.
� rvrcnicinni.
33
ORDINANCE NO. 5853
L�. EXPIRATION OF LARGE SCALE OR PHASED PROIECTS:
For large scale or phased development projects, the Hearin� Examiner may at
the time of approval or recommendation set forth time limits for expiration which
exceed those prescribed in this Section for such extended time limits as are
justified by the record of the action.
M�. COUNCIL ACTION:
1. Council Action Requires Minutes and Findings of Fact: Any application
requiring action by the City Council shall be evidenced by minute entry unless
otherwise required by law. When taking any such final action, the Council shall
make and enter findings of fact from the record and conclusions therefrom which
support its action.
2. Adoption of Hearin� Examiner's Findings and Conclusions
Presumed: Unless otherwise specified,the City Council shatl be presumed to have
adopted the Hearin� Examiner's findings and conclusions.
3. Applications to Be Placed on Council Agenda: Except for rezones, all
applications requiring Council action shall be placed on the Council's agenda for
consideration.
SECTION VII. Section 4-8-110, Appeals, of Chapter 8, Permits—General and Appeals, of
Title IV (Development Regulations) of the Renton Municipal Code, is amended as follows:
4-8-110 APPEALS:
34
ORDINANCE N0. 5853
A. SCOPE AND PURPOSE:
This Section provides the basic procedures for processing a�appeals to the
Hearin� Examiner and Citv Council of��-land use and development-related
a���decisions. Specific requirements are based upon the type/level of appeal
and the appeal authority. Rrc�EedEires fer�k�e f�llewin^ * � �
.,,.i�„�,,,� ;� +ti,.- c„�+;,,�.
'I A.,., -,I� ,��-,.J ' + +' ,J + D L,I' \A/ A.J ' + +
i
��p��� +^ "^,��^�� 'ner ef a�mini��r��ive �esisie►�s�„�
w �rca��i� vca����
o.,..�.-.,....,..,.,+-.1 .d.,+.,.-.,-,�.��+'
�
2 A., .,�I� +., /^i+.,r'.,��.,�il•
�
.- +„ . r.,,�.-+.
. ,
� l�q�eals�e�he3�a�e �"^�^��^^ � Q �.
,
. ,
r�,,.,,,i,,.,,�,,,.,+ n�l.,,�.,��+,-�+„
g_ nrr���REVIEW AUTHORITY:
RMC 4-8-080G, Land Use Permit Procedures, lists the development permits
reviewed by the City and the review authority responsible for open record
appeals, closed record appeals and judicial appeals. RMC 4-9-070.R,
Environmental Review Procedures Appeals lists additional actions subiect to
appeal to the Hearin� Examiner. `^'"^�^ - ^� ^ �;+� , � � h� + + ,�•�f„ +
+��^� ^{ �^ ^���rav�aw�rcccaaF2S, �Me� all-�I�e a#plisa�iens are �� + + +M
35
ORDINANCE NO. 5853
� _ ,
, ,
C. GENERAL INFORMATION APPLICABLE TO n�6 TY�S�—APPEALS: The
followin� applies to appeals to the Hearin� Examiner and Citv Council unless
otherwise provided elsewhere in the RMC or bv state law•
1. Standing:�FEese�ved}Onlv the applicant, Citv or a person who has been
made a partv of record prior to the issuance of a decision mav appeal the decision
In order to appeal, the person shall be a��rieved or affected bv the decision
pursuant to RCW 36.70C.060.
2.Time to File' ��^�„« „+�^�,.,;�^ � ^�;{;^�+ ;� T•+� �v �+ + � , Except
for Final EIS decisions, all appeal periods shall be t#�fourteen (14) calendar daysL
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 e-mailed 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 twentv (20) calendar davs from the publication of
the final decision.
3. Required Form for and Content of Appeals: Any appeal shall be filed in
writing with the Citv 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
36
ORDINANCE NO. 5853
of the proceedings from which the appellant seeks relief. If the appeal is unclear
and does not sufficientiv explain the basis for the appeal an order requirin� the
appellant amend the appeal within ten (10) calendar davs of the date of the order
mav be issued. If the appeal is not satisfactorilv amended within the time allowed
it shall be dismissed.
4. Filing of Appeal and Fee: The notice of appeal shall be accompanied by
a fee in accordance with_the Citv of Renton f�ME � �-�t#�-fee schedule e#�#e
�•
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 �^,�;^b ��,�^��^�'� ^{{;�^ ^ ^+��.- �;+ ��• �
..,`+" ,.,"^m +"^ {;';^^ �,,,�* "^ ,.� 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
37
ORDINANCE N0. 5853
business day on the last day of the filing period or the filing will be considered
incomplete and will be rejected.
6. Motions:The Hearin� Examiner mav dismiss an appeal to the Hearin�
Examiner, without hearin�, when it is determined bv the Hearin� Examiner to be
untimelv, without merit on its face, incomplete or frivolous. Anv application to
the Hearin� Examiner for an order shall be bv motion which unless made durin�
a hearin�, shall be in writin�, statin�the reasons for the request and settin� forth
the relief or order sou�ht. Written motions shall be received at least five (5)
business davs in advance of the hearin�.
7. Parties: The parties in appeal hearin�s shall be the Citv the applicant
and the appellant(s), if different from the applicant or the Citv. No other persons
shall be allowed to testify unless servin� as an expert witness for one of the
arties.
86. Notice of Appeal Filed and Public Hearin�: �R�ese�ve�} If an appeal is
filed with the Citv Clerk, the City Clerk shall notifv all parties of record to the
decision subiect to the appeal. Notice shall be sent within five (5) calendar davs
via U.S. Postal mail bv the Citv Clerk or on the date the application of appeal is
received if electronic transmittal (e-mail) had been previouslv approved or a�reed
to bv the parties, and at least ten (10) davs prior to the public hearin�. A hearin�
for the appeal shall be set within twentv one (21) davs after acceptance of a
complete application for appeal.
38
ORDINANCE N0. 5853
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.
108. Limit on Number of Appeals: Pe�ursuant to RCW 43.21C.075 and
36.70B.050,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.
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.
113. Exhaustion of Administrative Remedies: /D^�� No person mav
seek iudicial review of anv decision of the Citv unless that person first exhausts
the administrative remedies provided bv the Citv.
D. Repealed. ,^.;':'�;E� �� :�:^„:';�TR�lTIV€ 6�€�I�IE�NS TE�7'FI€ R61�61�
ll►/�1DVG IICDADTI►ACNIT.
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39
ORDINANCE N0. 5853
�p n d�rad�u r�H���c-�ez h i�-zh apt��-�Ar�-4��}�, � � �����J r� ����, �-�G'�6-i-oAT
9�d. ���5, � � �AA9�rd. ����, �� � �A��}
E. APPEALS TO HEARING EXAMINER ^� ���������TDATI\/C nrr�c�nnic nw�n
CI►1\/ID/'1N11►ACI►ITA1 �1CTCDAAINIATIAI�IC•
a A�rw r�ic+r�+:.,e II�F�rr�ir�nF:�r�c. Ar� -.� • + +• .�l --'�-
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��
40
ORDINANCE N0. 5853
rt�trinr f�•J.,r�l -. .,.,,-„ .,.,1 +1,� I• + I,•+ L, w �. �
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- � r r �+l„
thr�",,,,, „f��+,,,-„�+� +„ t,,, .. + + ,� i + ,�
-••- --.._ _. ...._._.,_., ... ., r,�..�...��.... .,, ��.b�.-,c,accr
�I. Timr�f,... n��,...�. n.,�� �,.ti -,M�„-,i �,-.ii � ,� •+• ,��•i ,� •+ti
+�^ r;+� rlpr�G_� affia�, �os��her wi�h �h�e a��lisa�le a���al fee, "*"' { *
�-Falandar dp:�� ^v� cii^c final �eFisic�n AI'—pa�Ilc��i9n A�t�1C' ��rrai�eEF3fOrr
whi�'h�v„ .- i-,+„ + • +ti f �• � ric ti• h +ti i w ii
r� � r � •
k�r�m�.�„ ..,�+�,�„ +,•,,,�+., ��n� ,..,i ,�., ,� f+a �,i• +• f+t, t• i ,�
, � � r -
PaEnl�in t��a.cic far th� I +4.
� appca�, ���e Hearing-€�Eaminer ma�-issae-Q„--m�
��ta-nf Lh�nrrl�=tf thCz7pp�z„ i��e�-sa�i�faE�e�-il�amend�d-wi�hin �r��-�c�r,rrc
-,II.,..,�,.J ;+ �L,-,II h., .J�.-..,i«.,.a
41
ORDINANCE NO. 5853
6 M�tinnr• Tha.—Hc�rinb E;�a,;,;r�er ma��i�miss an appeal�vi�het��
, ,
, , .
��^�-'��^'��r���� bp b�-���oT�or� v:;�Fh, anless ma�e ��ringa hearin , " �� "
wr-i�i•n.��-t,tinrt +�� � � �... +h„ ,- + ,� ++• � +� +�, i• c ,�
o �
„f+�„ h„-,.;.,,,
, ,
�
c6,-,II h�, •,II., ,.,.J +.,+.,.-+iF., � Y,I.,e< < '+ + G+L, a.�
8�-1�4e�ise ef MearingRe�aired� �! wri��en ne#+Ee e#-#�e �i�e-a�--�aE�-e#
. ,
.,+ I.,.-� +l,-.., + I�n\ I .J ,J + +4, �I + F
r r � /
+6,., M„
rrrc-rrcv'i�iTs
11. Format of the Appeal Hearing: The appeal hearing will be of an
informal nature, but organized so that testimony and other evidence can be
presented efficiently. An appeal hearing shall include at least the following:
a. An introductory outline of the procedure by the Hearing Examiner.
b. Presentation by the appellant, including any witnesses.
c. Cross-examination, if any, of appellant and appellant's witnesses.
42
ORDINANCE NO. 5853
d. Presentation by City staff, summarizing the staff analysis and
including any witnesses for the City.
e. Cross-examination, if any, of City staff and staff's witnesses.
f. Presentation by the project applicant, if different from appellant,
including any witnesses.
g. Cross-examination of any of the project applicant and applicant's
witnesses.
h. Rebuttal testimony and closing by City staff.
i. Rebuttal testimony and closing by applicant, if different from
appellant.
j. Rebuttal testimony and closing by appellant.
2�8. Prehearing Conference: The Hearing Examiner may schedule and
hold a prehearing conference when it appears that the orderly and efficient
conduct of the hearing will be served, or that settlement of the appeal through
such a conference is likely. A prehearing conference may, among other things,
consider:
a. Simplification of the issues.
b. The existence of undisputed facts to which the parties are willing to
stipulate.
c. The identification of witnesses and documentary or other evidence
to be presented at hearing.
43
ORDINANCE N0. 5853
d. Any reasonable needs any party may have for discovering the details
of the case the other party intends to present.
e. The imposition of reasonable time limits.
Based upon the discussions and agreements at such a conference, the
Hearing Examiner may enter a prehearing order, which shall govern subsequent
proceedings. If the case is settled at such a conference,the Hearing Examiner shall
enter an order reciting the terms of the settlement and dismissing the appeal.
3�. Content of the Record: The record of an appeal hearing conducted by
the Hearing Examiner shall include at least the following:
a. The notice of appeal and any amendments.
b. The staff analysis responding to the appeal and all accompanying
documents, including the papers that comprise the record of the decision subject
to appeal.
c. Additional documentary or physical evidence received and
considered, including all exhibits filed.
d. The Hearing Examiner's decision.
e. Electronic recordings of the proceedings and/or an accurate written
transcription thereof.
4�. Hearing Examiner Decision:
a. Substantial Weight:The procedural determination by the
Environmental Review Committee or City staff shall carry substantial weight in any
44
ORDINANCE NO. 5853
appeal proceeding. The Hearing Examiner shall give substantial weight to any
discretionary decision of the City rendered pursuant to this Chapter/Title.
b. Hearing Examiner Decision Options and Decision Criteria:The
Hearing Examiner may affirm the decision or remand the case for further
proceedings, or it may reverse the decision ifthe substantial rights ofthe applicant
may have been prejudiced because the decision is:
i. In violation of constitutional provisions; or
ii. In excess of the authority or jurisdiction of the agency; or
iii. Made upon unlawful procedure; or
iv. Affected by other error of law; or
v. Clearly erroneous in view of the entire record as submitted; or
vi. Arbitrary or capricious.
c. Time for Hearing Examiner's Decision: Each final decision of a
Hearing Examiner, unless a longer period is mutually agreed to in writing by the
applicant and the Hearing Examiner, shall be rendered within ten (10) business
days following conclusion of all testimony and hearings.
d. Collateral Estoppel (Issue Preclusion): The Hearing Examiner may
deny a party's request to relitigate one �or more issues or determinative facts
decided or ruled upon in a previous litigation if the party against whom the
collateral estoppel doctrine is to be applied had a full and fair opportunity to
litigate the issue in the prior proceeding. The party requesting application of the
collateral estoppel doctrine must establish by a preponderance of the evidence
45
ORDINANCE NO. 5853
that (1) the issue decided in the earlier proceeding was identical to the issue
presented in the later proceeding; (2)the earlier proceeding ended in a judgment
on the merits; (3) the party against whom collateral estoppel is asserted was a
party to, or in privity with a party to, the earlier proceeding; and (4) application of
collateral estoppel does not work an injustice on the party against whom it is
applied. The Hearing Examiner may apply collateral estoppel, sua sponte.
e. Res Judicata (Claim Preclusion):The Hearing Examiner may apply a
prior ruling or summarily decide an action or appeal if the current, pending or
proposed action or appeal is substantially identical to a prior action or appeal in
four (4) respects (1) the same persons and parties or a person or party in privity
with the prior person or party; (2) causes of action that substantially involve the
same rights or interest, the same evidence, an infringement of substantially the
same rights or interests, or the two (2) actions or appeals arise out of substantially
the same facts; (3) subject matter is identical or substantially the same; and (4) at
least one or more of the parties are bound by the prior judgment or ruling. The
party requesting application of the res judicata doctrine does not have to prove
each factor, but must prove by a preponderance of the evidence that application
of res judicata is appropriate. The Hearing Examiner may apply res judicata, sua
sponte.
f. Full and Fair Opportunity: Failure to seek or obtain evidence or
information that existed at the time of the prior proceeding does not establish
46
ORDINANCE NO. 5853
that a party did not have a full or fair opportunity to litigate an issue or change the
subject matter of an action or appeal.
1Z nNf�/7M'JIDf1IVI�Al+�/1MDI1l�AN �IJ�Mw} h•
--• _r_........ ..,,..�
ri.J�, �++' + 4. L,n h '++ rd +4. ++ 1.. II
M i
"D-�.- ^��'��e rec�Nes� reec�nsi�era�ien, �he �'� a �
''^^^ m,�^ a-par�;of r��er��rier�e--�he eae�e ef�he hearin , *' + ,� •- +�,
0
,� , .-;++�., � + + *ti u r + �w
�i.,�„ „�+t,,, �„-..-;.,.,
'�a Ar�r�e�.l ��Llenrir�n Cv'.rMine�r f1e�' �r�}w /"F� /`w '1. 1 I 1 't'
�� b
i
i
. i �
�, rl�+., r.�+1�., LJ C, � '++ .-+
F. APPEALS TO CITY COUNCIL— oonrcni�occ.
1. Standing and Parties to the Appeal: See RMC 4-8-110.C. "^�
,
, ,
,
47
ORDINANCE N0. 5853
a--�p��i#�e� er�av�c�ra I ���en� aizh e-p��I i�h e�,r�n�
h ����^^�k�ad—.an�uurittcn �o,;,�en�s cA 6i�—��aff AP�*h�—Hear;�
;
� u�� h.,.,.. ., .,+.,.J �+.,+��� -, . L.-, + .d + L, .J .-+ f
or h
r�+ i+�-i-! rr r*�+t� I �F+1�� hl' L. '
._...,.... �.,�:�. ... �..c c�v�c-m crr�.�urrc-rTcarn-rS
2. Time to File: See RMC 4-8-110.C.
3�. Notice of Appeal •^ o^-+;^� ^'�^�^��+: See RMC 4-8-110.C. `""*��
/r1 ,d-.,,� .,F. .,+ .,�+1,,, .,.,+��., .,�-, -,I +l, r•+ rl �L. ii +•t ii a• r
� i r ,
r...�.,r.� .,F+4.n .- .,+..f+6.�, -, �,I
� n�bortunitu—t�l2rnvid� �ommen��TRar�ies A� reser� Pl"lcly—�Ao,-rrrc
+6,., Y,.,+�F�.,�+�.�., .,f+1�.,f�l�..., .,f+L.., +' � I
4. Council Review Procedures: No public 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.
5. Burden:The burden of proof shall rest with the appellant.
48
ORDINANCE N0. 5853
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�^;��x�Q;,�R��niT�e��.ars�an� �e RME 4 �-8�7�##�;-as-iT
�;���` ^' """ "" '�^ ^' �', 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. 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.
9. Council Action Final:The action of the Council approving, modifying or
rejecting a decision of the Hearin� Examiner shall be final and conclusive, unless
timely appealed wi��^ +;w,� {., + �,r � ,� ,� �, +• - �c �+�.•
�ec�ie�.
G. RESERVED�DCA1 C TA CI IDCDIAD f A�_�v�TIDT.
I -,.-..J 1 I.-�, D.,+'+' A + L. + 2G 7!1/^ D!'\A/
ci c 0 v i i r cc rc�i apc cT�v—rvc-iTc�r
' "^"':"^~;':`,,. "„„ �'^e+s�en er erder issae� b��he�i��,
��� ��
;�����.��.,,,+1, i• + .J • �nn� n o �rnn w w - ---'- - � ,
b c i�v o`c ��$c c a i i� �a�o i c � v =�v o� ntro C-ttCc,�-c�atrcra3',{e�--
49
ORDINANCE N0. 5853
� C+�IMIJIMf�� TilI1CIl v� Ylf \�i��� }� �� }A Yl �NR � � � �
a r�
.
�
ii �.
.���1.,,,.-�„I., �ff��+,,,��� -. ., .�„f�.,,,.� ;., �r�ni �� �nr nCn
�-�#arst of 1lnncol��p������a�� Th�—Een�en���ese�ares clfl� A�h2f
�i-h i.- .-..+nrl I� b� f '�F II +� +L.
r .-M`�
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rl.�..,�r��.� o r1��7.�...J L....-..�n �.-+ h� f71.�.r1 ...7+1�.7.. +.......+.. .. .. /191 ,J...,,. ..t a1....
i i
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.
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i Tl�.-n� IZ1 iJ��i -.�+�r '++�.n i-1 • • • •I rl I� +4. !"� '� + 'I r!
� � �` � 'a vuiicccii arci�iTn� �o ���a��ca v�a�c c�c�v�� �i i�oc i�ia��ca�
r
+f--I � e �n �+se deEi�ien is ma�e " �'' � *' � +� �'*
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50
ORDINANCE N0. 5853
� Ag�P1I Af�nuiconmonee'�I oe�er�nina�iens�l�ppeal �e�h� c r'�+ + F
,
,
, ,
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+
�I4RR�!l6�T.sr CLIADCI 11►IC DCDMIT IlC/"I�IA1�1� TA CL�+�+���w�rr ��re n�w��r
�H!'FI'FIli
1 Cfnr��ir�n ��r Ar�r�nnle� Fw Cl��re��ir�ec LJ�..r� Q�w rl. A .J
a rr
1...+h., ,� .,ki�as.ar dan iii c�i-a' �a���an�ial �ev��A men�
. o"� a � s p �t�mif, a�e�Tt�s�a�se
,
� e1.,�e .,....d r�.«., �.,.. c:1�.�... n ..I . n I F ,J �. +w � a ��
51
ORDINANCE NO. 5853
Il�r�-.rFm�r�+ �F Cr�����i -.r�iJ +I�� /��+�r.�n (' n ��r f�' n �.J .d ' �'
r_._..._.._ ... �........�� .......� �.... ..�w��. ---- --- ---- -----
�����e��he ch,,,-„��.,,,� nn., + n + ��o��
„�+t,,, r;+.,„f�,,.,+„�
s�kis�a�t�+a�-�evelepmen��err�i�s, fer a I�m;ze��-e�* ^� �+�
� �ni on r4 �nn I��► � +l, + +• F h i l, .J +k �
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r �0 7 MM
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1 C+�.o.rl�r.n F... AMNA�I�+i. r1�ALIQ.
-. T 6,.,r., .,4,,, ..f i I., -. .,.,I -,
i The �'^^*^ + •+ +ti + � ,� i-nnn
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r�,..,�.,.-+..,;+L. +4.�, Q.,•,.-.J. .,
i
i
52
ORDINANCE NO. 5853
6 Rarxirin�+o�st�„�;;;��;et��en whe files an apPeal ander ��" *L;o,T
�'lfsr �,n,�rtiri��}c.,.�, 6,�F., ., +h., r'�+� hl I + .J + +h �
.,.-..�.,.�.+...J +..+4..�. Q..-...J
` C+nr�iJir�n\A/l��r� n C4�.+e� CM\/�Mf�MW\ANF�1 De�l'n A�+/CCDAI A 1 1 1►A .J +
- -_.._. .� _...... ... ......... �..�. —
tl�� Q.+�+r.d.T�, r,r+�+4.1��1�. CCDA r+-..,.J' +.. -. I + +4. Q .�! +L. +'�' �
----- -------------
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i r b �J i i
Fr1PEu'ap* ��{fi�ian�auidanti�r�_fa��� �g Shgyy�+hi,� �he shallensed�€R�t
.- 4.�,.�.,.,.-'f' .J +'4,1 L, Tl. +'t'
M F'
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in��� ,�II Y,.,+ � .,f.,r r+-.r,.J�Y,.T
9 1►A�.++e.c\A/l.i�L, 1►/I'..• Qr. A....e,-,I..�l.
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�ralina'r 1Y1'1''tar nrnrzr� .J + +L, + h + n'� ��r er�ni
r a �
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a r�
53
ORDINANCE NO. 5853
2, T�..,., �.,.. n., ..i. nii „+�+• ,� +t,• c +• + �, t•i a •+�.• �
M M� N ��T^t�� �� �c c cTvrrn-ra�cvc-ntcq-vvttrtm-�iytt�r
/Gn\ „I-,.,� �#�,.- .,,�L,I��-,+7,..�, ,.� +1,., �...,.,-.I.,.J I^,,.�...,..,,L.,.�.-:.,,, n1..� .J I +
� i r ,
rPE�u��ti�n nr narm�n��+ ^����� ..+ +l, + 4, *l, I I +� � h .J F+l, r�+
o r
Thp dak�af�auk�lir�ia� �•,+t,,, r•+, ti.,i� �, + +
� r��cncTic '����tirr v��he �a�e i���,��1Sr12�zh�-er�inan�e,-�
�� �+�+ar�af thc crdin�ncc� pavpcii�S—ciic�vlllpl'2lleil�IV2 Rlali, �2d2�9p(1'}211�
r�rt��l�+�..r�r � r�rlw��..++1��.-�+� rl + 4. 4.1' 4. .J
b i �
/1 f^....+e.�.+� ..F De+:�:..... Fi.. D.,..ie.... C-,.-4, .,�,+�+�.�.-. �...- .- . +.. +L.,. i"_--•.�V
"",^,Qemen�-I-Eearings �ear��hall �e ini�ia�e� ���he {''' � *'*' *" +
inF'li�rinr -• •�I„+-,��,,.d �+.,+,,.,.,,,n+„Ft«���� ., + .�1� � +• 4, +l, Q .J .d
Mr i
ri+�+' +„+1, I +4. ++l, r,.,,,ll-..,+ L, I' 6, 6, ' I + .J
._..�---.-:�r:�-c��c �a d'v c��a c c��c-ap�r�„vrrc�cn cvrrrTu.rQccn�rv.uccc,.
nnncn�c nr_ nnnn�niicrnnr��i€ E�€�I�IC�NS T^ TEI� ^€RARTM�41�T A�
rse� � �r�cv v� ■�v����i����rv���� � v
/�.ny �p�irinn� m��^ � +h�, �.J.r. ��+r-,+�. I + .J + +6,�, fl + �, +
� � N
wi�h�r� fi��een���}����s an� fiGe�, in w�+�+p^, �•�'+" *" ^ * * c� •+
a��l �eenc�rx�is E�eveae�men�--TF�e ���ini3�ra�er�h�ll�ive " + +• ' • "* +
'Inv Flirr'r�ti�,•�• •,� •J., .,�+L, !^'+., .J .J ++ *1�,' r'4. +
� c��c c i c�i crn,rE'-�ri.��ar�airrr�cv crn T�.Ttr f.rcc�
SECTION VIII. Subsection 4-9-020.F, Review Criteria, of Chapter 9, Permit — Specific, of
Title IV (Development Regulations) of the Renton Municipal Code, is amended as follows:
F. REVIEW CRITERIA:
1. All Comprehensive Plan amendments will be evaluated on their merits
based upon the following:
54
ORDINANCE NO. 5853
a. The effect upon the rate of growth, development, and conversion of
land as envisioned in the Comprehensive Plan;
b. The effect upon the City's capacity to provide adequate public
facilities;
c. The effect upon the rate of population and employment growth;
d. Whether Comprehensive Plan objectives are being met as specified
or remain vatid and desirable;
e. The effect upon general land values and housing costs;
f. Whether capital improvements or expenditures, including
transportation, are being made or completed as expected;
g. Whether the initiated amendment conforms to the requirements of
the GMA, is internally consistent with the Comprehensive Plan, and is consistent
with the County-wide Planning Policies for King County;
h. The effect upon critical areas and natural resource lands;
i. Consistency with locational criteria in the Comprehensive Plan and
application requirements established in this section;
j. Consistencv with the policies set forth in the Comprehensive Plan•
k. The effect upon other considerations as deemed necessary by the
Department .
SECTION IX. Subsection 4-9-180.F, Decision Criteria for Change of Zone Classification,
of Chapter 9, Permits —Specific, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended as follows:
55
ORDINANCE N0. 5853
F. DECISION CRITERIA FOR CHANGE OF ZONE CLASSIFICATION:
1. Criteria for Rezones Requiring a Comprehensive Plan Amendment: An
�plication for a rezone of one (1) or more properties shall require a
Comprehensive Plan Amendment if the proposed zone is not implemented bv the
underlvin� Comprehensive Plan land use desi�nation and shall therefore be
subiect to the processes and review criteria for Comprehensive Plan
Amendments, in addition to this Section. _"^{^�►^,A,�^rt��^�;^^� ��,�� �^ ,�
'rh., ., .,,J -, ,,,�l,...,,,„+ + +l, �+ Qnnr n a n�n ,�
r��r� �
;�_�.-_r.,Y,.-�.-+.,.,+ ...�+L, +L.., .,I�.,i.,< <.,+ �.,.+b, ' +l-. f' l, DI
N �
�1'1�
h A+ I.�-.r+ � �F+l�� f�ll�.. ' + rn I'
� �rlc� .�+r�r�.-+.i ��l�i.�.�++� �- + 'F' II � 'r! rl +
r r � � r r '��_'c"c.--ac
�
ii Cin�r�thr�m��+ .- .,+ I� ,J I „ +ti �+H
i ,
�.puPl[�qmptl# or othcr cii ca�i»cal�c�S affe�in ��1 �'
,- � c—$l��J2 ct--�rePe r���e
- �+ .,.,,� Y,.,.,+ -,� �
2. Criteria for Rezones Not Requiring Comprehensive Plan
Amendment: The Citv mav deny a rezone if the followin� criteria is not met The
CitV may approve or approve with conditions an application for a rezone if• �#e
f.,ll.,�..�....F�.,.J�.,�.� �6,�11 6,., .�,-,.J
56
ORDINANCE N0. 5853
a. The rezone i�i� �h^ ���"�;� �^*^-^�* has merit and value for the
communitv, and will not adverselv affect public health safetv and welfare•—a��
c���+r+-.r�}i-+� r� �r+.i r nH+.- r.�}�n r�n+�+' �
i
bE. The rezone +�will not be materially detrimental to the p��
�•�^'�uses e#�#e—or properties �f ^+"^� �^��^^� located in the immediate
vicinity thereofL-��
cd. Since the ori�inal zonin� or most recent rezone of the subiect
property, conditions affectin�the subiect property have substantiallv chan�ed as
a result of, but not limited to, public improvements or permitted private
development; The � ^^*� +h^ -;+�-;, ..�.���+:�� �� f *�,•
�eE�+er�.
d. The propertv subiect to rezone was not specificallv considered for a
rezone at the time of the last area land use analvsis and area zonin�•
e. The characteristics of development upon the land subiect to the
rezone application are compatible with the purpose and intent of the proposed
zone as well as the zone-specific policV of the proposed zone as provided bv the
Comprehensive Plan: and
f. The rezone does not conflict with the �overnin� Communitv Plan if
one was adopted for the Communitv Plannin�Area in which the property subiect
to the rezone is located.
57
ORDINANCE NO. 5853
SECTION X. The definition of "Party of Record" in section 4-11-160, of Chapter 11,
Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
PARTY OF RECORD: Party of record means:
1. The permit applicant and the owner of propertv subiect to the land use
decision;
2. The appellant (if different than the permit applicant);
3. The City (if different than the appellant); or
4. Any person��-who provided a complete name and address(either
physical address or email address) and testified durin� the open record public
hearin�, either verballv or in writin� on the application and/or anv person who
submitted written comments durin� administrative review excludin� persons
who have only si�ned petitions or mechanicallv produced form letters �as
r i�h m ittarl tam.cl�_ddi i cc^c�o�c�vv;-cc�cm�vrry.
PARTY OF RECORD: (This definition for RMC 4-3-090, Shoreline Master Program
Regulations, use only.)All persons, agencies or organizations who have submitted
written comments in response to a notice of application prior to the close of the
public hearin� or durin� the administrative review; made oral comments in a
formal public hearing conducted on the application; or notified local government
of their desire to receive a copy of the final decision on a permit and who have
provided an address for delivery(either physical address or email address)of such
notice by mail.
58
ORDINANCE NO. 5853
SECTION XI. 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 7th day of Au�ust, 2017.
d
�
Jaso A. Seth ity Clerk
APPROVED BY THE MAYOR this 7th day of Au ust 2017.
�
Denis Law, Mayor
Approved as to form:
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Date of Publication: 8/11/2017 (summary) �%y�'p ''���,,,�����������.•�`'6;`���
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59