4-8-100 APPLICATION AND DECISION – GENERAL:

A. PREAPPLICATION MEETING:

1.    a. Preapplication Required: A preapplication meeting prior to formal submittal of a development application is required if a waiver of submittal requirements is requested, a proposal is located in the RM-U Zone designation, or a proposed project is within the Airport Influence Area.

b. Preapplication Recommended: A preapplication meeting is recommended for all other projects. (Amd. Ord. 4777, 4-19-1999; Ord. 4788, 7-19-1999; Ord. 5100, 11-1-2004)

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. (Amd. Ord. 4794, 9-20-1999)

3. Preapplication Submittal Requirements: Preapplication meeting submittal requirements are available through the City of Renton Development Services Division.

4. Waiver of Formal Application Submittal Requirements: An applicant may submit a written request for a waiver from formal application submittal requirement under RMC 4-8-120, Submittal Requirements, which may be considered during a preapplication meeting.

B. SUBMITTAL OF FORMAL APPLICATION:

Applications, except appeals of administrative or environmental determinations shall be filed with the Development Services Division.

C. LETTER OF COMPLETENESS:

1. Timing: Within twenty eight (28) days after receipt of an application, the Department of Community and Economic Development shall provide a written determination that the application is deemed complete or incomplete according to the submittal requirements as listed in RMC 4-8-120A, B 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. Applications Which are Not Complete:

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.

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 Administrator of the Department of Community and Economic Development or designee 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 of Community and Economic Development 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 of Community and Economic Development 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 limits are prescribed elsewhere in the Renton Municipal Code or other codes adopted by reference.

5. Extension of Complete Application: A one-time, one-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 Administrator of the Department of Community and Economic Development or designee 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. (Ord. 4587, 3-18-1996; Ord. 4660, 3-17-1997; Ord. 5605, 6-6-2011)

D. NOTICES TO APPLICANT:

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 public hearing. (Ord. 3454, 7-28-1980)

E. REPORT BY DEVELOPMENT SERVICES:

1. Report Content: When such application has been set for public hearing, if required, the Development Services Division 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 Development Services Division 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 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. (Ord. 3300, 3-19-1979; Amd. Ord. 3592, 12-14-1981)

F. PUBLIC HEARING:

1. Hearing by Examiner Required: 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.

2. Constitutes Hearing by Council: On applications requiring approval by the City Council, the public hearing before the Examiner, if required, shall constitute the hearing by the City Council.

3. Hearing Rules: The Examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this Chapter subject to confirmation by the City Council, and to administer oaths and preserve order.

4. Closure/Continuation of Public Hearing: 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.

5. Application Dismissal: Until a 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.

G. EXAMINER’S DECISION:

1. Standard Decision Time and Notification Procedure: 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 prepaid, 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.

2. Decision Time Extension: 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.

3. 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 regulations, the subdivision regulations, 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 setbacks, 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.

4. Reconsideration of Examiner’s Decision: 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 consideration 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.

H. EXPIRATION 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 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.

I. EXTENSION:

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.

J. EXPIRATION OF LARGE SCALE OR PHASED PROJECTS:

For large scale or phased 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.

K. 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 Examiner’s Findings and Conclusions Presumed: Unless otherwise specified, the City Council shall be presumed to have adopted the 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. (Ord. 3454, 7-28-1980)