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HomeMy WebLinkAboutORD 4974Amends ORD 4587 Amended by ORD 5153 5156, 5157, 5471 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4974 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 8, PERMITS AND DECISIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY PROVIDING FOR A 120-DAY TIME GOAL TO PROCESS PERMITS AFTER THE DATE OF THE LETTER OF COMPLETENESS, EXCEPT FOR APPEALS, WHICH MAY TAKE MORE TIME. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION L Section 4-8-010 of Chapter 8, Permits and Decisions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: The purpose and intent of this Chapter is to establish standard procedures for all land use and development applications in order to provide for an integrated and consolidated land use permit and environmental review process. It is further the purpose of this Chapter to combine and expedite development review to eUminate redundancy and minimize delays, to establish timelines for notifying the public of land use applications, to revise hearing requirements to allow one open record hearing and one closed record appeal hearing, and to provide that final decisions on development proposals be made within one hundred and twenty (120) days of the date of the letter of completeness, except for development specifically exempted under this Chapter. The mandatory nature of the 120 days processing time notwithstanding, it is neither the intent nor the purpose of this Chapter to establish a claim or remedy for a delay in the final decision beyond 120 days. ORDINANCE NO. 4974 SECTION II. Section 4-8-050 of Chapter 8, Permits and Decisions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: A. STATE AUTHORITY: RCW 36.70B.140 allows a local government to exclude certain project permits from procedure and time limit requirements. This Section deals with exemptions from State-mandated notice requirements. Permit types listed below may and often do have City Code requirements for review, notification, and appeal beyond State requirements. B. EXEMPTIONS FROM CITY GOAL OF 120-DAY REVIEW PROCESS FOR CERTAIN ACTIONS REQUIRING MORE TIME: RCW 36.70B.140 provides that local governments may determine that there are "special circumstances" relative to certain actions or processes that warrant a different review process than those set out in state law. Therefore, the City exempts the following actions since they typically require more than one hundred twenty (120) days to process or would be deemed emergencies: 1. Comprehensive Plan amendments, with or without any other associated land use application such as a rezone, 2. Renton Municipal Code amendments, 3. Annexations, 4. Planned Unit Developments, 5. Development agreements, 6. Environmental impact statements, 7. Temporary emergency wetland permit, 8. Declared emergency under SEP A, ORDINANCE NO. 4 9 74 9. Street vacations, 10. Any project once it is appealed to the Hearing Examiner and/or City Council, 11. Any project once it becomes the subject of a petition under the Land Use Petition Act, 12. Any project that is determined by the Mayor to present extenuating circumstances which would require more than 120 days to process. C. EXEMPTIONS FROM STATE NOTIFICATION AND PROCEDURAL REQUIREMENTS FOR PERMITS RELATING TO USE OF PUBLIC AREAS/FACILITIES: As permitted by RCW 36.70B.140, the City also exempts the following "approvals relating to the use of public areas or facilities" from the notification and procedural requirements of RCW 36.70B.060 through 36.70B.080 and RCW 36.70B.110 through 36.70B.130. 1. Deferral of off- or on-site improvements, 2. Drainage connection permits, 3. Driveway construction permit (all uses/users), 4. Driveway relocation permit (all uses/users), 5. Franchise utility permits, 6. Right-of-way use permit, 7. Release of easements, 8. Side sewer permit, 9. Side sewer cap permit, 10. Sidewalk repair permit (all uses/users), 11. Sidewalk/curb/gutter construction permit (all uses), 12. Permits to stop City water and/or sewer service, ORDINANCE NO. 4974 13. Water meter applications, 14. Other SEPA exempt actions/activities as outlined in WAC 197-11-800. D. EXEMPTIONS FROM STATE NOTIFICATION AND PROCEDURAL REQUIREMENTS FOR PERMIT APPLICATIONS NOT SUBJECT TO ENVIRONMENTAL REVIEW: RCW 36.70B.140 allows local governments to exclude certain approvals and building and engineering permits from the public notification and procedural requirements of the statute if they are categorically exempt from environmental review or if environmental review has already been completed at an earlier stage. However, the City's one hundred twenty (120) day maximum processing time would still apply. Therefore, the City exempts the following actions from the public notification and procedural requirements since they are typically processed very quickly and would be considerably delayed by imposition of a public comment period(s). 1. Building and grading permits (SEPA exempt), 2. Business licenses for home occupations, 3. Board of Public Works variances (i.e., driveway grade), 4. Fire installation/construction permits, 5. Electrical, mechanical, plumbing, sign and special fence permits, 6. Lot line adjustments, 7. Final plats, 8. Minor amendments (less than 10 percent) to a previously approved site plan, 9. Occupancy permits, 10. Open space, agricultural and timber lands current use assessment, 11. Public art exemption certificate, ORDINANCE NO. 4 9 74 12. Routine vegetation management permits (SEPA exempt), 13. Shoreline exemptions, 14. Temporary use permits (SEPA exempt), but not exempting sign requirements, 15. Water, sewer, storm drainage, roadway permits (SEPA exempt), 16. Other SEPA exempt actions/activities as outlined in WAC 197-11 -800. SECTION III. Sections 4-8-080.D and E of Chapter 8, Permits and Decisions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: D. TIME FRAME BASED ON PERMIT TYPE: The flowcharts in subsection H of this Section indicate timelines for each of the eleven (11) land use permit types, as discussed in subsection G of this Section. The timelines include the statutory requirement that requires the issuance of a letter of completeness within twenty-eight (28) days of the application submittal, pursuant to RCW 36.70B.070(1), and the provision for final decisions on permits within one hundred twenty (120) days of receipt of a complete application. In addition, there is a generalized flowchart for the consolidated review process. E. TIME FRAMES - MAXIMUM PERMITTED: Final decisions on all permits and reviews subject to the procedures and exceptions of this Chapter shall occur within one hundred twenty (120) days from the date an application is deemed complete, 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 that are specifically exempted under RMC 4-8-050, Exemptions from State Process Requirements, are not subject to this time frame. ORDINANCE NO. 497 4 The provisions of this Chapter imposing a 120-day maximum processing time do not establish or provide a remedy or claim for any delay in a final decision beyond 120 days. SECTION IV. Section 4-8-080.H of Chapter 8, Permits and Decisions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown on attachment "A." SECTION V. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this 2 4th day of June , 2002. *rur\ju-s) !, ; iCO* Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 24th day of June _, 2002. Approved as to form: fy^tAAK>-**QAK&P Jesse Tanner, Mayor Lawrence J. Warren, City Attorney Date of Publication: 6/28/2002 (summary) ORD.980:6/12/02:ma 4-8-080 H ORDINANCE NO. 4 9 74 ATTACHMENT A H. REVIEW PROCESSES: cn >> 03 "D i_ CC "a c _a> ca o o C\J X E CO C\J CO o O o DQ O N- <D CO GENERALIZED CONSOLIDATED REVIEW PROCESS For Combined Land Use, Environmental and (optional) Building -. Permit Application Submit Land Use Application and SEPA Checklist o cn Determination of Technically Complete Application Max. 14 days, RCW 36.70B.070(4)(b) and RCW 36.70B.110(2) Public Notice Application 14 day Public Comment Period [14-30 calendar days, RCW 36.70B.110(2)(e)l Public Hearing Notice and/or SEPA Determination published, Consolidated Staff Report Issued Min. 15 calendar days until public hearing, RCW 36.70B. 110(3) and RCW 36.70B.110(6)(b) Open Record Public Hearing Open Record Appeal Hearing of SEPA Determination, if applicable Written Decision Issued Notice of Decision Deadline for Appeal of Land Use and Building Permit Decisions Closed Record Appeal Hearing Notice Closed Record Appeal Hearing All references in this chart are to sections in the Revised Code of Washington (RCW). 8-8 Type I - Land Use Permits Administrative Review Process Application Submittal/ Determination of Completeness City Staff Decision/ Permit Issuance Appeal Period Ends Staff Review Appeal Period 14 days 120 days max. Type I - Staff Review without Public Notice: Building and Grading Permits (SEPA exempt) or SEPA/Land Use Permit process completed Business Licenses for Home Occupations without customer visits/deliveries Deferrals Lot Line Adjustments Minor Adjustments (less than 10%) to a previously approved Site Plan Modifications (administratively approved) of Various Code Standards Routine Vegetation Management Permits (SEPA exempt) Shoreline Exemptions Waivers Other SEPA Exempt Activities/Actions o V o H > o td O WD <l 00 O 00 o X Type II - Land Use Permits Administrative Review Process Application Submittal Letter of Complete Application/Public Notice of Application City Staff Decision/ Permit Issuance Appeal Period Ends Appeal Period 14 days 120 days max. oo Type II - Staff Review with Public Notice Administrative Variances Business Licenses for Home Occupations with customer visits/deliveries Conditional Approval Permits for Nonconforming Structures Hobby Kennel License Short Plats of 4 lots or less (SEPA exempt) Site Plan Review (Administrative) for Secondary Uses (SEPA exempt) Temporary Use Permits (SEPA exempt) o o H > o w o 4^ I 00 o oo o X Type III - Land Use Permits Administrative Review and/or Environmental Review Process Application Submittal Letter of Complete Application Public Notice of Application Staff Decision and Environmental Threshold Determination1 Decision Published and Mailed2 Appeal Period Ends4 Staff Review 28 days max. 14 days max. Comment/ Appeal Period3 14 days min. 6 days 14-29 days max. 120 days max. Type III - Environmental Review Committee and Staff Review: Binding Site Plans Conditional Use Permit (administrative) with Associated Environmental Review Environmental Review for a Permitted/Secondary/Accessory Use not requiring any other Land Use Permit Master Site Plan Approvals (individual phases) Site Plan Review (Administrative) with associated Environmental Review Shoreline Substantial Development Permit with associated Environmental Review4 Short Plats of 4 lots or less (non-SEPA exempt) Temporary Use Permit (subject to SEPA) Building Permits submitted in conjunction with any of the above Environmental Threshold Determination shall not be issued prior to a 14 day comment period following the mailing of public notice of the development application In the case of a Shoreline Permit, the Washington State Department of Ecology (DOE) and Attorney General's Office are also notified of permit issuance Comment/Appeal Period may include: 1) a 14 day appeal period with no comment period, 2) a 15 day combined comment/appeal period, or 3) a separate 15 day comment period followed by a 14 day appeal period. For Shoreline Substantial Development Permits, a Building Permit shall not be issued until 21 days after the Shoreline Permit decision is filed with DOE and the Attorney General's OffirP or until any appeal proceedings have concluded. " UC"DI,1I!IUI»WI O D H > O H O 4^ -J O oo o X oo i Type IV - Land Use Permits Board of Adjustment Application Submittal Letter of Complete Application Public Notice of Application and Hearing Notice Open Record Public Hearing Staff Review 28 days max. 14 days max. 15 days max. 120 days max. Type IV - Board of Adjustment (BOA) and Staff Review: Board Decision Due Appeal Period Ends Appeal to Superior Court 14 days O D H > Variances: Board of Adjustment shall hear Variances where not associated with a Development/Land Use Permit that requires review by the Hearing H Examiner _ O CO o oo o X its. -J Type V - Land Use Permits Staff/Hearing Examiner Review Process Application Submittal Letter of Complete Application Public Notice of Application Notice of Public Hearing Published Hearing Examiner1 Open Record Public Hearing Hearing Examiner1 Decision Appeal Period Ends Staff Review 28 days max. 14 days max. 14 days min. 10 days min. 10 days 14 days CO 120 days max. Type V - Staff and Hearing Examiner: • Conditional Approval Permit for Nonconforming Uses • Request for Extension of Amortization Period of Adult Use 1 At City Council discretion, the Council may hold the public hearing and make the decision on conditional approval permits for nonconforming uses. o D H > n w o Type VI - Land Use Permits Hearing Examiner/Environmental Review Process Application Submittal Letter of Complete Application Public Notice of Application Environmental Threshold Determination1 Environmental Decision Hearing Notice Published2 Hearing Examiner Open Hearing Examiner Appeal Record Public Hearing3 Decision4 Period Ends5 Staff Review 28 days max. 14 days max. 14 days min. 6 days 15-29 days 10 days 14 days 120 days max. Type VI - Environmental Review Committee and Hearing Examiner: Bulk Storage Special Permit Conditional Use Permits (Hearing Examiner) with associated Environmental Review Fill and Grade Permit, Special Master Site Plan Approval (overall plan) and Mobile Home Parks, Preliminary and Final Shoreline Conditional Use Permit and Shoreline Variance - Also requires approval of Washington State Department of Ecology (DOE)4 Short Plats of 5 to 9 lots - Environmental Review normally not required, unless previously short platted or on lands covered by water Site Plan Review (Hearing Examiner with associated Environmental Review) and Special Permits Variances, with associated Hearing Examiner Land Use Review Building Permits submitted in conjunction with any of the above Environmental Threshold Determination shall not be issued prior to a 14 day comment period following the mailing of public notice of the development application. Comment/Appeal Period may include: 1) a 14 day appeal period with no comment period, 2) a 15 day combined comment/appeal period, or 3) a separate 15 day comment period followed by a 14 day appeal period. Open Record Appeal of Environmental Threshold Determination may be included in Public Hearing (Hearing Examiner) if applicable. DOE has up to 30 days to make a decision on a Shoreline Conditional Use Permits and Variances Permit. This time period does not count toward the 120 day maximum time limit for per- mit decisions. For Shoreline Conditional Use Permits and Variances, a Building Permit shall not be issued until 21 days after the permit decision. O D H 2! n H o 00 I Ol Type VII - Land Use Permits City Councii/Hearing Examiner Environmental Review Process Application Submittal Letter of Complete Application Public Notice of Application Environmental Threshold Determination1 Environmental Decision Hearing Notice Published2 Staff Review 28 days max. 14 days max. 14 days min. Hearing Examiner Hearing Open Record Examiner City Council Appeal Public Hearing3 Recommendation Decision4 Period Ends Appeal Period 6 days 15-29 days 10 days 14 days 120 days max. Type VII - City Council/Hearing Examiner/Environmental Review Process: Preliminary Plats PUDs, Preliminary and Final Building Permits submitted in conjunction with any of the above Rezones, site-specific in conformance with Comprehensive Plan ^IS^^XmSS" Sha" n0t be iSSU6d Pri°r'° 3 ^ day C°mment PSri0d f0"°Wing ,hB mai'ing °' pUbli° n0tice °f ,he devel°P™nt application. 1) a 14 day appeal period with no comment period, 2) a 15 day combined comment/appeal period, or 3) a separate 15 day comment period followed by a 14 day appeal period. Open Record Appeal of Environmental Threshold Determination may be included in Public Hearing (Hearing Examiner) if applicable Appeal of City Council decision to King County Superior Court. O D H > n M 23 O do o CO o Type VIII - Land Use Permits City Council/Staff Review Process Application Submittal/ Determination of Completeness City Council Schedules Consideration Date City Council Meeting/Decision Appeal Period Ends for City Council Decision1 Staff Review Type VIII - City Council and Staff Review: Final Plats Street Vacations2 1 Appeals of City Council decisions are to King County Superior Court. 2 Street Vacations are exempt from the 120 day permit processing time limit. oo i CO o CO o O V O H > O td £5 O Application Submittal Type IX - Land Use Permits City Council/Environmental Review/Staff Letter of Complete Application Public Notice of Application Environmental Threshold Determination1 Environmental Decision Hearing Notice Published2 City Council Open Record Public Hearing3 Staff Review 28 days max. 14 days max. 14 days min. 6 days 15-29 days City Council Decision Appeal Period Ends Type IX - City Council/Environmental Review Committee (ERC)/Staff Development Regulation Amendments except those referred to Planning Commission Environmental Threshold Determination shall not be issued prior to a 14 day comment period following the mailing of public notice of the development aDDlication Comment/Appeal Period may include: K 1) a 14 day appeal period with no comment period, 2) a 15 day combined comment/appeal period, or 3) a separate 15 day comment period followed by a 14 day appeal period. Open Record Appeal of Environmental Threshold Determination may be included in Public Hearing (Hearing Examiner) if applicable. O V D H > O M O -J it* 4^ CO i o CO o X Type X4 - Land Use Permits City Council/Planning Commission/Environmental Review Process Application Submittal Letter of Complete Application Public Notice of Application Environmental Threshold Determination1 Environmental Decision Hearing Notice Published2 Staff Review Planning Commission Planning Open Record Commission Public Hearing Recommendation Staff Review 14 days max. 14 days min. 6 days Appeal Period Ends for City Council City Council Decision Decision3 Appeal Period CO o CO o X oo I oo Type X4 - City Council/Planning Commission/Environmental Review Process: Comprehensive Plan Map or Text Amendments Rezones with associated Comprehensive Plan Map Amendments • Zoning Text Amendments and other amendments related to land use regulations and processes referred by Council pursuant to RMC 4-1-050E4 1 Environmental Threshold Determination shall not be issued prior to a 14 day comment period following public notice of proposal 2 Any appeal of Environmental Decision shall be heard before the Hearing Examiner. 3 Appeal of City Council decision to King County Superior Court. 4 Type X Land Use Permits are exempt from the requirements of State Regulatory Reform Act. O to O H > O M 25 O ife. 4-8-080H ORDINANCE NO. 4 9 74 (0 CO E 0 Q. 0 CO D •o c CO J ! X (D o • •^ "3 X o c c < Va o *^ •o 0) > &M Q. 0 £• CO 0 oc 8-19