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HomeMy WebLinkAboutORD 3454 REPEALS 3287 AMENDS 3300 3262 3071 AMENDED BY 3121 o�D# 399.7- 3 U dr4 `t cL((-O -Amended by ORD 3658 CITY OF RENTON, ASHINGTON , ORDINANCE NO. 3454 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON AMENDING PORTIONS OF CHAPTER 30 OF TITLE IV (BUILDING REGULATIONS) OF ORDINANCE NO. 1628 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON" RELATING TO THE LAND USE HEARING EXAMINER THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I: Existing Sections 4-3004, 3010, 3011, 3013, 3014, 3015, 3016 and 3017 of Chapter 30 of Title IV (Building Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" are hereby amended to read as follows: Section 4-3004, as amended: APPOINTMENT AND TERM: The Mayor shall appoint with concurrence of not less than four (4) members of the Renton City Council, the Examiner and Examiner Pro Tem to serve in said office for a term which shall expire on January 31, 1983. The term shall thereafter expire on the last day of January of each odd numbered years. Section 4-3010, as amended: DUTIES OF THE EXAMINER: (A) Applications and Decisions: The Examiner shall receive and examine available information, conduct public hearings, prepare a record thereof, and enter findings of fact, conclusions based upon those facts and a decision which shall represent the final action on the application, unless appealed, as hereinbelow specified, for the following types of applications: 1. Short plats 2. Special use permits 3. Conditional use permits 4. Temporary use permits 5. Shoreline variance and conditional permits 6. Site approval permits 7. Waivers and exceptions Page 1 8. Appeals from administrative determination of the City's land use regulation codes 9. Fill permits 10. Applications for any other land use regulatory permits which may be required by ordinances. 11. Appeal of environmental determinations required by the Renton Environmental Ordinance. 12. Variances from the provisions of this Title, for any proposed development requiring any permit or approval by the Examiner. (B) Applications and Recommendations: The Examiner shall receive and examine available information, conduct public hearings, prepare a record thereof and enter findings of fact and conclusions based upon those facts, together with a recommendation to the City Council, for the following applications: 1. Change of zone classification (Rezones) 2. Preliminary Plats 3. Planned Unit Developments 4. Special Permits requiring City Council approval The City Council shall have final authority to act on such applications. (C) Final Plat Applications: The Examiner shall receive and examine available information, prepare a record thereof and enter findings of fact and conclusions based upon those facts, together with a recommendation to the City Council, for final plat applications. The City Council shall have final authority to act on such applications. Section 4-3011, as amended: APPLICATIONS: (A) Applications to Planning Department: Applications as specified in Section 4-3010, except appeals of administrative or environmental determinations shall be filed with the Planning Department. 1. Within fifteen (15) days of receipt of an application the Planning Department shall determine whether the application is complete. If complete, the application shall be accepted. If the application is not complete, the Planning Department shall request the applicant to provide additional information as necessary to complete the application. Within ten (10) days of receipt of new or additional information, the Planning Department shall accept or reject the application. Page 2 2. The applicant shall be advised of the date of acceptance of the application and of the environmental determination. The applicant shall be advised of the date of any public hearing at least ten (10) days prior to the hearing. (B) Applications to Examiner: Appeals from administrative determinations of the City's land use regulation codes and from environmental determinations required by the Renton Environmental Ordinance may be taken to the Hearing EXaminer by any person aggrieved, or by any officer, department, board or bureau of the city, affected by such determination. 1. Any such appeal shall be filed in writing with the Examiner within the following time limits: (a) Appeals of a final environmental determination under the Renton Environmental Ordinance shall be filed within fourteen (14) days of publication of notice of, such determination. (b) Appeals from an administrative decision pursuant to this chapter shall be filed within fourteen days of the date that the action was taken. 2. Immediately upon receipt of the notice of appeal, the Hearing Examiner shall forward to the officer from whom the appeal is being taken a copy of the notice of appeal. Upon receiving such notice, the officer from whom the appeal is being taken shall transmit to the Hearing Examiner, all of the records pertaining to the decision being appealed, together with such additional written reports as are deemed pertinent. The Examiner may request additional information from the applicant. 3. A written notice of the time and place of the hearing at which the appeal will be considered by the Examiner shall be mailed to 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. 4. The Examiner may hear and consider any pertinent facts pertaining to the appeal. The Examiner may affirm the decision or remand the case for Page 3 further proceedings; or it may reverse the decision if the substantial rights of the applicant may have been prejudiced because the decision is: (a) in violation of constitutional provisions; or (b) in excess of the authority or jurisdiction of the agency; or (c) made upon unlawful procedure; or (d) affected by other error of law; or (e) clearly erroneous in view of the entire record as submitted; or (f) arbitrary or capricious. To that end, the Examiner shall have all of the powers of the office from whom the appeal is taken insofar as the decision on the particular issue is concerned. 5. The action of the Hearing Examiner in the case of appeals from administrative determinations and environmental determinations shall be final and conclusive, unless within twenty (20) calendar days from the date of the decision an aggrieved party or person obtains a writ of review from the Superior Court of Washington for King County, for purpose of review of the action taken. Section 4-3013, as amended: PUBLIC HEARING: (A) Before rendering a decision or recommendation on any application for which a public hearing is required, the Examiner shall hold at least one public hearing thereon. Notice of the time and place of the public hearing shall be given as provided in the ordinance governing the application. If none is specifically set forth, such notice shall be given at least ten (10) days prior to such hearing (B) On applications requiring approval by the City Council, the public hearing before the Examiner, if required, shall constitute the hearing by the City Council. (C) The Examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this Ordinance subject to confirmation by the City Council, and to administer oaths and preserve order. (D) At the close of the testimony the Examiner may close the public hearing, continue the hearing to a time and date certain, or close the public hearing pending the submission of additional information on or before a date certain. Page 4 (E) Until final action on the application is taken the Examiner may dismiss the application for failure to diligently pursue the application after notice is given to all parties of record. Section 4-3014, as amended: EXAMINER'S DECISION AND RECOMMENDATION; FINDINGS REQUIRED: (A) Unless the time is extended pursuant to this Section, within fourteen (14) days of the conclusion of a hearing, or the date set for submission of additional information pursuant to this Chapter, the Examiner shall render a written decision, including findings from the record and conclusions therefrom, and shall transmit a copy of such decision by regular mail, postage pre-paid, to the applicant and other parties of record in the case requesting notice of the decision. The person mailing the decision, together with the supporting documents, 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 Examiner shall file his decision with the City Council members individually at the expiration of the appeal period for the decision. (B) In extraordinary cases, the time for filing of the recommendation or decision of the Examiner may be extended for not more than thirty (30) days after the conclusion of the hearing if the 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 Examiner's decision. (C) Change of Zone Classification (Rezone): 1. In any case where a change of the zone classification of property is recommended, at least one of the following circumstances shall be found to apply: a. That substantial evidence was presented demonstrating the subject reclassification appears not to have been specifically considered at the time of the last area land use analysis and area zoning; or Page 5 b. That the property is potentially classified for the proposed zone being requested pursuant to the policies set forth in the Comprehensive Plan and conditions have been met which would indicate the change is appropriate; or c. That since the last previous land use analysis of the area zoning of the subject property, authorized public improvements, permitted private development or other circumstances affecting the subject property have undergone significant and material change. 2. If the Hearing Examiner further determines that the change of the zone classification is advisable, in the public interest, tends to further the p�,Q.servation and enjoyment of any substantial property rights of the petitioner, is not materially detrimental to the public welfare or the properties of other persons located in the vicinity thereof, and is in harmony with the purposes and effect of the Comprehensive Plan, then in such event, the Hearing Examiner may recommend that the City Council approve the change of the zone classification. (D) Conditions: The Examiner's recommendation or decision may be to grant or deny the application, or the Examiner may require of the applicant such conditions, modifications and restrictions as the Examiner finds necessary to make the application compatible with its environment and carry out the objectives and goals of the Comprehensive Plan, the Zoning Ordinance, the Subdivision Ordinance, the Codes and Ordinances of the City of Renton, and the approved preliminary plat, if applicable. Conditions, modifications and restrictions which may be imposed are, but are not limited to, additional set backs, screenings in the form of landscaping and fencing, covenants, easements and dedications of additional road rights of way. Performance bonds may be required to insure compliance with the conditions, modifications and restrictions. (E) Termination of Decision: The City declares that circumstances surrounding land 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 Page 6 decision is implemented promptly. Any application or permit approved pursuant to this chapter with the exception of rezones shall be implemented within two (2) years of such approval unless other time limits are prescribed elsewhere in the Renton Municipal Code. 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 Examiner may grant one extension of time for a maximum of one year for good cause shown. The burden of justification shall rest with the applicant. For large scale or phase development projects, the 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. Section 4-3015, as amended: RECONSIDERATION: Any interested person feeling that the decision of the Examiner is based on an erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing, may make a written application for review by the Examiner within fourteen (14) days after the written decision of the Examiner has been rendered. The application shall set forth the specific errors relied upon by such appellant, and the Examiner may, after review of the record, take further action as the Examiner deems proper. The Examiner may request further information which shall be provided within ten (10) days of the request. The Examiner's written decision on the request for reconsideration shall be transmitted to all parties of record within ten (10) days of receipt of the application for reconsideration or receipt of the additional information requested, whichever is later. Section 4-3016, as amended: APPEAL: Unless an ordinance' providing for review of decision of the Examiner requires review thereof by' the Superior Court, any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal in writing to the City Council requesting a review of the decision by filing a notice of appeal with the City Clerk within fourteen (14) calendar days from the date of Examiner's written report. The notice of appeal shall be accompanied by a fee of twenty-five dollars ($25.00) payable to the City of Renton. Page 7 (A) The written notice of appeal shall fully, clearly and thoroughly specify the substantial error(s) in fact or law which exist in the record of the proceedings from which the appellant seeks relief. (B) 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. Other parties of record may submit letters in support of their positions within ten (10) days of the date of mailing of the notification of the filing of the notice of appeal. (C) Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examiner's report, the notice of appeal, and additional letters submitted by the parties. (D) 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 may remand the matter to the Examiner for reconsideration. The cost of transcription of the hearing record shall be borne by the appellant. (E) The consideration by the City Council shall be based solely upon the record, the Examiner's report, the notice of appeal and additional submissions by parties. If, 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 the Examiner for reconsideration or modify or reverse the decision of the Examiner accordingly. The Council's decision shall be in writing and shall specify any modified or amended findings and conclusions. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. Section 4-3017, as amended: COUNCIL ACTION: 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 Page 8 of fact from the record and conclusions therefrom which c support its action. Unless otherwise specified, the City Council shall be presumed to have adopted the Examiner's findings and conclusions. (A) In the case of a change of the zone classification of property (rezone), the City Clerk shall place the ordinance on the Council's agenda for first reading. Final reading of the ordinance shall not occur until all conditions, restrictions, or modifications which may have been required by the Council have been accomplished or provisions for compliance made to the satisfaction of the Legal Department. (B) All other applications requiring Council action shall be placed on the Council's agenda for consideration. (C) The action of the Council, approving, modifying or rejecting a decision of the Examiner, shall be final and conclusive, unless within twenty (20) calendar days from the date of the action an aggrieved party or person obtains a writ of review from the Superior Court of Washington for King County, for purpose of review of the t action taken. SECTION II: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION III: This Ordinance being necessary for the preservation of the public peace, health and safety, shall take effect and be in force and effect upon its passage, approval and five days after its publication. PASSED BY THE CITY COUNCIL this 28th day July , 1980. Motor, `Deputy -City Clerk II APPROVED BY THE MAYOR this 28th day of July , 1980. Thomas W. Triinm, Mayor.-Pro tem Approved as to form: C Lawrence J. Warren, City Attorney Date of Publication: August 6; 1980 Page 9