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HomeMy WebLinkAboutCI-147 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. CI-147 Page 2 of 3 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