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HomeMy WebLinkAboutORD 5558Amends ORDs: 3454, 3891, 3992, 4168, 4346, 4521, 4551, 4722, 4899, 5153 CITY OF RENTON, WASHINGTON ORDINANCE NO. 5558 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-8-110E, APPEALS TO EXAMINER OF ADMINISTRATIVE DECISIONS AND ENVIRONMENTAL DETERMINATIONS, AND 4-8-110F, APPEALS TO CITY COUNCIL - PROCEDURES, 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", TO AMEND THE APPEAL PROCESSES FOR APPEALS OF ADMINISTRATIVE DECISIONS AND ENVIRONMENTAL DETERMINATIONS TO THE HEARING EXAMINER AND CITY COUNCIL. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsections 4-8-110E, Appeals to Examiner of Administrative Decisions and Environmental Determinations, and 4-8-110F, Appeals to City Council - Procedures, 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", are hereby amended as follows: E. APPEALS TO EXAMINER OF ADMINISTRATIVE DECISIONS AND ENVIRONMENTAL DETERMINATIONS: 1. Applicability and Authority: a. Administrative Determinations: Any administrative decisions made may be appealed to the Hearing Examiner, in writing, filed with the Hearing Examiner, Examiner's secretory or City Clerk. b. Environmental Determinations: Except for permits and variances issued pursuant to RMC 4-3-090, Shoreline Master Program Regulations, when ORDINANCE NO. 5558 any proposal or action is granted, conditioned, or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the Hearing Examiner under the provisions of this Section. c. Authority: To that end, tho Examiner shall have all of the powers of tho office from whom tho appoal is taken insofar as tho decision on the particular issue is concerned. 2. Optional Request for Reconsideration: Soo RMC 4 9 070N. a. When a reconsideration request has been submitted, the matter shall be held in abeyance pending the outcome of the reconsideration. A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. b. In order to request reconsideration, the person or entity must have been made a party of record, or submitted written comments to City Staff prior to the issuance of the Determination for which the reconsideration is being requested. 3. Standing: Unless otherwise provided by state law or exempted by a state or federal agency, only the Applicant City or a person who has been made a Party of Record prior to the issuance of a decision may appeal the administrative or environmental decision. In the order to appeal the person or entity shall be aggrieved or affected by the administrative or environmental decision. In order to be aggrieved, the person or entity must demonstrate the following: ORDINANCE NO. 5558 a. An injury in fact, in that the person or entity will be specifically and perceptively harmed; and Standing—for—Filing—Appeals—ef—the—City's Environmental Dotorminations: Appeals from environmental determinations as set forth in subsection Elb of this Section or RMC 4 9 070N may be taken to the Hearing Exominor by any person aggrieved, or by any officer, deportment, board or bureau of tho City affoctod by such determination. Any agency or person may appoal the City's compliance with chapter 197 11 WAC for issuance of a Threshold Determination. A person is oggriovod when all of tho following conditions are mot: The decision is prejudiced or is likoly to prejudice that person; tho person's assorted interests are among those that are required to bo considered by the City when it made its decision; and a decision in favor of that person would substantially eliminate or redress tho prejudice to that person caused or likely to be caused by tho decision; and prejudice moons injury in fact. b. That the interest the person or entity seeks to protect is arguably within the zone of interests to be protected or regulated. StandinR for Appeals of Administrative Dotorminations other than Environmental: Appeals from administrative determinations of tho City's lond uso rogulotion codes ond from environmental dotorminations required by the Renton onvironmentol review regulations may be taken to tho Hearing Examiner by any person aggrieved, or by any officer, department, board or bureau of tho City affoctod by such determination. ORDINANCE NO. 5558 c. Special—Standing—Roquiromonts—for Appeals—of Administrative Dotorminations Relative to tho Tree Cutting and Land Clearing Regulations: Any individual or party of record who is odversoly offoctod by such o decision may appeal the decision to tho City's Hearing Examiner pursuant to tho procedures establishod in this Section. d. Special Standing Requirements for Appeals of Decisions Relating to Master Site Plans: Any appellant must bo socking to protect on interest that is arguably within the zono of interest to bo protected or regulated by this Title must allege an injury in fact, ond that injury must bo real and present rather than speculative. 4. Time for Appeal: Any such appeal shall be fUed made in writing and filed with the City Clerk's office, together with the applicable appeal fee, within fourteen (14) days of the final decision or publication of the final decision, whichever occurs later, except in the case of a Final EIS, in which the appeal shall be made within twenty (20) days of the publication of the final decision, with the Examiner within tho following time limits: a. Appeals of Environmental—Dotorminations: Appeals of o—tina\ environmental—determination—under—the—Ronton—environmental—review regulations sholl be filed within fourteen (14) days of publication of notice of such determination. i. A Final DNS: Tho oppeol of tho DNS must bo made to tho Hearing Examiner within fourteen (14) days of tho dote tho DNS is final. ORDINANCE NO. 5558 ii. A DS: The appeal must be made to tho Hearing Examiner within fourteen (14) doys of tho publication date of tho DS in the official City newspaper. iii. A Final EIS: Tho appeal of tho FEIS must bo mode to tho Hearing Examiner within twenty (20) days of tho dato the permit or other approval is issued. b. Appeals to Examiner of Administrative Determinations Other Than Environmental: Appeals from an administrative decision pursuant to this Chapter shall bo filed within fourteen (14) days of tho dato that tho action was taken. Tho appeol from an administrative decision implementing a land use decision of tho City Council or tho Hearing Examiner pursuant to this Chapter shall be filed with tho Hearing Examiner, along with tho required foe, within fourteen (14) days of the administrative decision or, if no dato of administrative decision can bo determined, within fourteen (14) days of tho issuance of any permit—which—requires—interpretation—of that—l-awd—use—decision,—sueh administrative decision being an essential part of tho issuance of tho permit, license, or other City permission to procood. As between tho permit holder and the City, any decision to modify or retract tho permit shall give tho permit holder a fourtoon (14) day appoal period from tho dato of the action to modify or retract the permit. ORDINANCE NO. 5558 5. Complaints After—Expiration—of Appoal Time:—Any claim that—an administrative decision maker has failed to correctly interpret or enforce a land use decision after tho expiration of tho appoal time established in this Section shall not create an appoal right, but will be treated as a complaint of noncomplianco with tho land uso decision. 6r5. Appeal Procedures - Hearing Examiner: Any appeal under this provision shall be held in accordance with the applicable state law including Tho City establishes—tJ=*e—following—administrative—appoal—procedures—under RCW 43.21C.075 and WAC 197-11-680^ a. Notice to Officer: Immediately upon receipt of the notice of appoal, tho Hearing Examiner shall forward to tho officer from whom the appeal is being taken a copy of tho notice of appeal. b. Transmittal of Records and Reports: Upon receiving such notice, tho officer from whom tho appoal is being taken shall transmit to tho Hearing Examiner all of the records pertaining to tho decision being appealed, together with such additional written reports as are doomed pertinent. The Examiner may request additional information from tho applicant. €T6. Notice of Hearing Required: A written notice of the time and place of the hearing at which the appeal shall be considered by the Examiner shall be mailed to the applicant, all parties of record in the case, and to the officer from whom the appeal is taken not less than ten (10) days prior to the date of the hearing. ORDINANCE NO. 5558 d. Content of Hearing: Tho Examiner may hoar and consider any pertinent facts pertaining to tho appoal. o. Record Required: For any appoal under this subsection, tho City shall provide for a record that shall consist of tho following: i. Findings and conclusions; ii. Testimony undor oath; and iii. A taped or written transcript. f. Electronic Transcript: Tho City may require tho appellant to provide an oloctronic transcript. 7. Examiner Decision: a. Substantial Weight: The procedural determination by the Environmental Review Committee or City staff shall carry substantial weight in any appeal proceeding. The Hearing Examiner shall give substantial weight to any discretionary decision of the City rendered pursuant to this Chapter/Title. b. Examiner Decision Options and Decision Criteria: The Examiner may affirm the decision or remand the case for further proceedings, or it may reverse the decision if the substantial rights of the 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 ORDINANCE NO. 5558 v. Clearly erroneous in view of the entire record as submitted; or iv. Arbitrary or capricious. c. Time for Examiner's Decision: The Hearing Examiner shall render a written decision within ten (10) days. 8. Optional Request for Reconsideration: a. When a reconsideration request has been submitted, the matter shall be held in abeyance pending the outcome of the reconsideration. A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. b. In order to request reconsideration, the person or entity must have been made a party of record prior to the close of the hearing, participated in the hearing or have submitted written comments to the Hearing Examiner prior to the close of the hearing. 8T9. Appeal of Examiner Decision to City Council: a. Appoal of Examiner's Decision to Council: Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or other body, all other appeals of the Hearing Examiner's decision shall be made to the City Councilany interested party aggrieved by tho Examiner's written decision or rocommondation may submit a notice of appoal to tho City Council, upon a form furnished by tho City Clerk, within fourteen (14) calendar days from the date of the Examiner's written report. ORDINANCE NO. 5558 b. (Deleted by Ord. 1809, 3 19 2001) c. Other Bodies: (Reserved) F. APPEALS TO CITY COUNCIL - PROCEDURES: 1. Time for Appoal Standing: Unless otherwise provided by state law or exempted by a state or federal agency, only the Applicant, City or a Party of Record who has been aggrieved or affected by the Hearing Examiner's decision and who participated in the Hearing Examiner's public hearing may appeal the Hearing Examiner's decision. A person(s) will be deemed to have participated in the public hearing process if that person(s): a. Testified or gave oral comments at the public hearing: or b. Submitted any written comments to City staff or the Hearing Examiner regarding the matter prior to the close of the hearing: or a specific section of State law providing for review of a decision of the Examiner requires review thereof by tho Superior Court or any other body, any interested party aggrieved by tho Examiner's written decision or rocommendation may submit a notice of appeal to tho City Clerk, upon a form furnished by tho City Clerk, within fourteen (14) calendar days from tho date of the Examiner's written report. c. Has been granted status as or has requested to be made a party of record prior to the close of the public hearing. 2. Notice to Parties of Record: Within five (5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. ORDINANCE NO. 5558 3. Opportunity to Provide Comments: Other p-Parties of record may submit letters in support of their positions within ten (10) days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Transmittal of Rocord to Council: Thereupon tho Clerk shall forward to tho mombors of tho City Council all of tho pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examiner's report, tho notice of appeal, and additional letters submitted by tho parties. Sr4. 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 unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. If the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant. In the absence of an entry upon the record of an order by the City Council authorizing new or additional evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council, and 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. 10 ORDINANCE NO. 5558 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 on an application submitted pursuant to RMC 4-8-070H1, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Council Action: If, upon appeal from a rocommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4 8-070H2 and I, and after examination of the record, tho Council dotorminos that a substantiol error in fact or law exists in tho record, or that a rocommendation of tho Hearing Examiner should be disregarded or modified, tho City Council may romand tho proceeding to tho Examiner for roconsidoration, or ontor its own decision upon the application. 9T8. Decision Documentation: In any ovont, tThe 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. The burden of proof shall rest with the appellant. 11 ORDINANCE NO. 5558 4©T9. Council Action Final: The action of the Council approving, modifying or rejecting a decision of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this 25th day of Octo^r , 2010. jj&7hn4jt. %S- (mJdJ^4T^~m Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 25th day of October f 2oio. 'MUV Denis Law, Mayor Approved as to form: o£ .^a •t Lawrence J. Warren, City Attorney Date of Publication: 10/29/2010 (summary) U ORD:1642:10/14/10:scr * -rV1" 12