Chapter 8
PERMITS – GENERAL AND APPEALS

CHAPTER GUIDE: This Chapter implements State regulatory reform requirements for permit review, classifies permits, indicates which Responsible Official has the authority to make recommendations, decisions, or consider appeals, and lists submittal requirements for all development-related permits and decisions of the City. While chapter 4-8 RMC provides the overall review framework regarding submittal and hearings, chapter 4-9 RMC contains the permit-specific review procedures and criteria, such as conditional use permit, site plan review, variance, etc. Both chapters should be reviewed in tandem.

This Chapter last amended by Ord. 5369, April 14, 2008.

4-8-010 PURPOSE AND INTENT:

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 eliminate 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 twenty (120) days of the date of the letter of completeness, except for development specifically exempted under this Chapter.

The mandatory nature of the one hundred twenty (120) day 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 one hundred twenty (120) days. (Ord. 4587, 3-18-1996; Amd. Ord. 4974, 6-24-2002)

4-8-020 APPLICABILITY:

All applications for development shall be subject to the provisions of this Chapter, except where specifically exempted under RMC 4-8-050, Exemptions from State Process Requirements. (Ord. 4648, 1-6-1997)

4-8-030 EFFECT OF PERMIT:

The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid except insofar as the work or use which it authorized is lawful. (Ord. 4351, 5-4-1992)

4-8-040 PERMIT PROCESSES CLASSIFIED BY TYPE:

Development subject to review by the City is classified and processed using one of the eleven (11) types of land use permit procedures listed in RMC 4-8-080G. The review process for the types of permit review procedures are described in RMC 4-8-080H. If the code does not expressly provide for review according to one of the eleven (11) types of permit review procedures, and another specific procedure is not required by law, the Development Services Division shall classify the application. (Ord. 4587, 3-18-1996)

4-8-050 EXEMPTIONS FROM STATE PROCESS REQUIREMENTS:

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 ONE HUNDRED TWENTY (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 that set forth 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 SEPA,

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 one hundred twenty (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,

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. Planning/Building/Public Works administrative 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 ten percent (10%)) to a previously approved site plan,

9. Occupancy permits,

10. Open space, agricultural and timber lands current use assessment,

11. Public art exemption certificate,

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. (Amd. Ord. 4974, 6-24-2002; Ord. 5156, 9-26-2005)

E. EXEMPTIONS FROM STATE PROCEDURAL REQUIREMENTS FOR NONPROJECT PERMITS:

RCW 36.70B.020 excludes certain actions from the definition of project permits, particularly nonproject legislative actions. The adoption or amendment of a comprehensive plan, subarea plan, or development regulations that do not involve site-specific rezones are exempt from procedures requiring environmental review to be completed prior to the legislative hearing. (Ord. 5153, 9-26-2005)

4-8-060 SUBMITTAL REQUIREMENTS – GENERAL:

A. PURPOSE:

In order to comply with the State law, the City is required to detail the requirements for complete building, public works and land use permit applications.

B. VESTING OF APPLICATION:

Is a legal doctrine whereby a valid and fully complete building application for a project that is permitted under the zoning or other land use control ordinances in effect on the date of the application shall be considered under the building permit, zoning, or other land use controls in effect on the date of such valid and fully complete building application.

1. Supplemental information required after acceptance shall not affect the validity of the vesting for such application.

2. Revisions requested by an applicant to a vested, but not yet approved, application shall be deemed a new application when such revisions would result in a substantial change in the basic site design plan, intensity, density, and the like, involving a change of ten percent (10%) or more in area or scale. Vesting for the new application shall occur upon the date of submission of a valid and fully complete building application for the changed project.

C. APPLICATION LOCATION:

All land use, building, and public works applications addressed in this Title shall be filed with the Development Services Division. All fire permits shall be filed with the Fire Prevention Bureau.

D. COMPLETE APPLICATION:

Unless waived by the Development Services Division, the requirements for a full complete land use, building, or public works permit application shall consist of the information listed in RMC 4-8-120A, B and C, and any site-specific information identified in a preapplication meeting summary. Application fees pursuant to RMC 4-1-140 through 4-1-200 are also required for a complete application.

E. FEES:

See RMC 4-1-140 through 4-1-200.

F. MULTIPLE PERMIT APPLICATION SUBMITTAL REQUIREMENTS:

Where submittal requirements are duplicated for various types of permit applications, an applicant shall be required to submit only the largest (not total) number of copies required. For example, an application for a site plan approval with associated variance would require only twelve (12) copies even though the submittal chart indicates that site plan approval requires twelve (12) copies and the variance requires ten (10) copies.

G. SUBMITTAL WAIVER PROCESS:

In order to have any of the normally required submittals waived, the applicant must request such waiver(s) at or after a preapplication meeting with City staff. Staff will consider the merits of the waiver request(s) and will provide the applicant with a written list of any/all submittals waived. The applicant must submit a copy of the list of City approved waiver(s) at the time of formal application.

H. LETTER OF COMPLETENESS:

Upon finding an application complete, the Development Services Division will provide a letter of completeness to the applicant and property owner(s).

4-8-070 AUTHORITY AND RESPONSIBILITIES:

A. REVIEW AUTHORITY:

RMC 4-8-080G, Land Use Permit Procedures, lists the development applications and outlines the responsible review authority associated with making recommendations, conducting open record public hearings, open record appeals, the responsible official for the permit decision, and appeal bodies.

B. SPECIFIC RESPONSIBILITIES:

The regulation of land development is a cooperative activity including many different elected and appointed boards and City staff. The specific responsibilities of these bodies are listed as set forth in subsections C through J of this Section and RMC 4-8-080G.

C. PLANNING/BUILDING/PUBLIC WORKS ADMINISTRATOR OR DESIGNEE:

Authority: The Planning/Building/Public Works Administrator or his/her designee shall review and act on the following:

1. Appeals of administrative decisions/determinations regarding requests for modification of storm drainage regulations;

2. Appeals relating to Uniform Building Code Sections: Section 105, Section 110, and Section 1.18 – Alternative Materials;

3. Building and grading permits;

4. Conditional approval permits for nonconforming structures;

5. Conditional use permit, administrative;

6. Critical area regulation alternates and modifications;

7. Critical areas regulation administrative determinations per RMC 4-3-050D4;

8. Interpretation of flood insurance rate map boundaries;

9. Lot line adjustments;

10. Modifications:

i. Minor modifications to previously approved site plan;

ii. Modifications of storm drainage requirements;

iii. Modification of geologic hazard regulations for manmade slopes;

iv. Modifications/waivers of sewer code requirements;

v. Modifications of the number of required parking stalls and the requirements of the parking, loading and driveway regulations; and

vi. Modifications to development standards in the Center Village Residential Bonus District and the Urban Design Regulation Overlay District;

11. Public art exemption certificate;

12. Review of business licenses for home occupations;

13. Revocable permits for the temporary use of public right-of-way;

14. Routine vegetation management permits;

15. Sewer modifications, alternates, and appeals pursuant to RMC 4-9-250D and E and 4-8-110D, respectively;

16. Shoreline exemptions;

17. Shoreline permits;

18. Short plats – four (4) or less;

19. Site plan approval, administrative;

20. Master Plan review (individual phases);

21. Temporary emergency wetland permits;

22. Temporary use permits;

23. Variances:

i. Administrative pursuant to RMC 4-9-250B1c;

ii. Variances not associated with a development permit that requires review by the Hearing Examiner, provided the variance authority is not specifically given to another authority elsewhere in this Chapter, and any building permits submitted in conjunction with such variance application; and

iii. Variances from chapter 8-7 RMC, Noise Level Regulations; and

24. Waivers:

i. Waivers of right-of-way dedication for plat;

ii. On- and off-site improvements (including deferrals); and

iii. Allowing a commercial or multi-family residential driveway grade of between eight percent (8%) and fifteen percent (15%). (Ord. 5028, 11-24-2003; Amd. Ord. 5157, 9-26-2005)

D

(Rep. by Ord. 5157, 9-26-2005)

E. ENVIRONMENTAL REVIEW COMMITTEE:

The Environmental Review Committee shall:

1. Make threshold determinations for environmental checklists,

2. Make determinations regarding whether an optional public hearing is needed for a site plan review application,

3. Authorize circulation of draft environmental impact statements,

4. Approve and issue final environmental impact statements,

5. Approve mitigation conditions for mitigated determinations of nonsignificance and final environmental impact statements.

F

(Rep. by Ord. 5157, 9-26-2005)

G. PLANNING COMMISSION:

The Planning Commission shall review and act on the following:

1. Comprehensive Plan: Duties related to the Comprehensive Plan as described in chapter 2-10 RMC, Planning Commission.

2. Shoreline Master Program Amendments: Recommendations to City Council regarding Shoreline Master Program Amendments after holding public hearing.

3. Area-Wide Zoning: The Planning Commission, in conducting area land use analysis, may from time to time recommend to the City Council area-wide zonings to implement the recommended amendments to the Comprehensive Plan.

4. Land Use Regulations and Processes: Upon Council request and based upon the goals and policies of the Comprehensive Plan, recommendations to Council regarding effective and efficient land use regulations and processes.

H. HEARING EXAMINER:

1. Authority: The Hearing Examiner shall review and act on the following:

a. Appeals of administrative decisions/determinations (including, but not limited to, parking, sign, street, tree cutting/routine vegetation management standards, and Urban Center Design Overlay District regulations) and ERC decisions, excepting determinations of whether an application is a bulk storage facility which shall be appealable to the City Council,

b. Appeals relating to RMC 4-5-060, Uniform Code for the Abatement of Dangerous Buildings,

c. Bulk storage special permit and variances from the bulk storage regulations,

d. Conditional approval permit for nonconforming uses,

e. Conditional use permit,

f. Fill and grade permit, special,

g. Master Plan review (overall plan) and major amendments to an overall Master Plan,

h. Mobile home parks, preliminary and final,

i. Planned urban development, preliminary, when associated with an existing development that proposes a binding site plan,

j. Planned urban development, final,

k. Shoreline conditional use permit,

l. Shoreline variance,

m. Short plat – five (5) to nine (9) lots,

n. Site plan approvals requiring a public hearing,

o. Special permits,

p. Variances from the critical areas regulations listed in RMC 4-9-250B1, the land clearing and tree cutting regulations, the wireless communication facility development standards, the provisions of the subdivision regulations relating to short plats, and variances associated with a development permit that requires review by the Hearing Examiner, and

q. Building permits submitted in conjunction with any of the above.

2. Interpretation: It shall be the duty of the Hearing Examiner to interpret the provisions of chapter 4-2 RMC, Zoning Districts – Uses and Standards, in such a way as to carry out the intent and purpose of the plan thereof, as shown by the maps fixing districts, accompanying and made part of this Code, in cases where the street layout actually on the ground varies from the street layout as shown on the maps aforesaid.

3. Recommendations: The Hearing Examiner shall hold a hearing and make recommendations to the City Council on the following:

a. Rezones, site specific, in conformance with the Comprehensive Plan,

b. Preliminary plats,

c. Planned urban developments, preliminary, except those under subsection H1j of this Section,

d. Special permits requiring Council approval,

e. Variances from the provisions of the subdivision regulations relating to a full subdivision.

4. Appeals: Unless otherwise specified, any decision of the Environmental Review Committee or the Planning/Building/Public Works Administrator or his or her designee in the administration of this Title shall be appealable to the Hearing Examiner as an administrative determination pursuant to RMC 4-8-110E, Appeals to Examiner of Administrative Decisions and Environmental Determinations. (Ord. 5028, 11-24-2003; Ord. 5153, 9-26-2005)

I. CITY COUNCIL:

The City Council shall review and act on the following:

1. Annexations,

2. Appeals of Hearing Examiner decisions (any appeal from a Hearing Examiner’s decision, whether an appeal from an administrative determination or an original decision, shall be appealable to the City Council pursuant to RMC 4-8-110E8),

3. Appeals of staff determinations of whether or not a proposal is considered a bulk storage facility,

4. Comprehensive Plan map or text amendment,

5. Dedications of property for public purposes,

6. Development and zoning regulations text amendment,

7. Final plats,

8. Preliminary plats,

9. Planned urban developments, preliminary,

10. Release of easements,

11. Rezones with associated Comprehensive Plan amendment,

12. Rezones with associated Comprehensive Plan map or text amendment,

13. Street vacations,

14. Variances from the provisions of the subdivision regulations relating to a full subdivision. (Ord. 5153, 9-26-2005)

J. REVIEW AUTHORITY FOR MULTIPLE PERMIT APPLICATIONS:

Where required permits are subject to different types of permit review procedures, then all the associated applications are subject to the highest level of review authority that applies to any of the required applications. (Amd. Ord. 4963, 5-13-2002)

4-8-080 PERMIT CLASSIFICATION:

A. PURPOSE:

The purpose of this Section is to outline the procedure and time requirements for the various development applications reviewed by the City. All development applications are classified and processed according to one of eleven (11) types of permit procedures, as identified in subsection G of this Section.

B. REVIEW PROCESS BASED UPON APPLICATION TYPE:

Subsection G of this Section lists the development applications and explains the basic steps in the review process. This table also outlines the responsible review authority. More specific details regarding specific land use application procedures and decision criteria are located in chapter 4-9 RMC, Permits – Specific. (Ord. 4587, 3-18-1996; Amd. Ord. 4660, 3-17-1997; Ord. 4963, 5-13-2002)

C. CONSOLIDATED REVIEW PROCESS FOR MULTIPLE PERMIT APPLICATIONS:

1. Optional Process Resulting in a Single Open Record Public Hearing: An applicant may elect to have the review and decision process for required permits consolidated into a single review process. Consolidated review shall provide for only one open record hearing and no more than one closed record appeal period. Appeals of environmental determinations shall be consolidated except when allowed to be part of separate hearings in accordance with RCW 43.21C.075, Appeals, and WAC 197-11-680, Appeals. Where hearings are required for permits from other local, State, regional, or Federal agencies, the City will cooperate to the fullest extent possible with the outside agencies to hold a single joint hearing. A flowchart showing the timeline for processing a combined land use, environmental, and building permit application is included in subsection H of this Section.

2. Review Authority for Multiple Permit Applications: Where more than one land use permit application is required for a given development, an applicant may file all related permit applications concurrently, pay appropriate fees, and the processing may be conducted under the consolidated review process. Where required permits are subject to different types of permit review procedures, then all the applications are subject to the highest-number procedure, as identified in subsection G of this Section, and highest level of review authority, as identified in RMC 4-8-070, that applies to any of the applications. Appeals of environmental determinations shall be consolidated except when allowed to be part of separate hearings in accordance with RCW 43.21C.075, Appeals, and WAC 197-11-680, Appeals. (Amd. Ord. 4963, 5-13-2002; Ord. 5153, 9-26-2005)

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. For permit types I through VIII, 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. (Amd. Ord. 4974, 6-24-2002; Ord. 5153, 9-26-2005)

E. TIME FRAMES – MAXIMUM PERMITTED:

Final decisions on all Type I through Type VIII permits and reviews subject to the procedures 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 which are specifically exempted under RMC 4-8-050, Exemptions from State Process Requirements, are not subject to this time frame. (Amd. Ord. 4974, 6-24-2002; Ord. 5153, 9-26-2005)

F. EXCLUSIONS FROM ONE HUNDRED TWENTY (120) DAY TIME LIMIT:

In determining the number of days which have elapsed since the applicant was notified that the application is complete, the following periods shall be excluded:

1. Revisions/Additional Information Required: The time period in which an applicant has been requested by the Development Services Division to correct plans, perform required studies, or provide additional information. The period shall be calculated from the date the Development Services Division notifies the applicant of the need for additional information until: (a) the date the Division determines the additional information satisfies the request for information, or (b) fourteen (14) days after the date acceptable information has been provided to the City, whichever is earlier. If the Division determines that the information submitted is insufficient, it shall notify the applicant of the deficiencies.

2. EIS Preparation: A period of two hundred fifty (250) days for the preparation of a draft environmental impact statement (DEIS), following a determination of significance. This time frame shall commence after the final scoping of the DEIS is complete.

3. Applicant Agreements: Any time extension mutually agreed upon by the applicant and the Development Services Division.

G. LAND USE PERMIT PROCEDURES:

LAND USE PERMITS	PUBLIC NOTICE OF APPLICATION	RECOMMENDATION	OPEN RECORD HEARING7	DECISION/ ADOPTION	OPEN RECORD APPEAL	CLOSED RECORD HEARING	JUDICIAL APPEAL
TYPE I
Building and Grading Permits1	No	No	No	Staff	HE	CC	SC
Business Licenses for Home Occupations (no customer visits/deliveries)	No	No	No	Staff	HE	CC	SC
Deferrals	No	No	No	Staff	HE	CC	SC
Lot Line Adjustments	No	No	No	Staff	HE	CC	SC
Minor Modification to Previously Approved Site Plan (<10%)	No	No	No	Staff	HE	CC	SC
Modifications, Deviations, Alternates of Various Code Standards2	No	No	No	Staff	HE	CC	SC
Public Art Exemption Certificate	No	No	No	Staff	HE	CC	SC
Routine Vegetation Management Permits (SEPA exempt)	No	No	No	Staff	HE	CC	SC
Shoreline Exemptions	No	No	No	Staff	HE	CC	SC
Special Fence Permits	No	No	No	Staff	HE	CC	SC
Waivers2	No	No	No	Staff	HE	CC	SC
TYPE II
Additional Animals Permit	Yes	No	No	Staff	HE	CC	SC
Business Licenses for Home Occupations (with customer visits/deliveries)	Yes	No	No	Staff	HE	CC	SC
Conditional Approval Permit (nonconforming structures)	Yes	No	No	Staff	HE	CC	SC
Short Plats – 4 Lots or Less (SEPA exempt)	Yes	No	No	Staff	HE	CC	SC
Site Plan Review (administrative) for Secondary Uses (SEPA exempt)	Yes	No	No	Staff	HE	CC	SC
Temporary Use Permits (SEPA exempt)	Yes3	No	No	Staff	CC	CC	SC
Temporary Emergency Wetland Permit	Yes	No	No	Staff	HE	CC	SC
Variances, Administrative	Yes	No	No	Staff	HE	CC	SC
TYPE III4
Binding Site Plans	Yes	No	No	Staff	HE	CC	SC
Conditional Use Permit (administrative) with Environmental Review	Yes	No	No	Staff	HE	CC	SC
Development Permit (special flood hazard)	Yes	No	No	Staff	HE	CC	SC
Environmental Review9	Yes	No	No	Staff	HE	CC	SC
Site Plan Review (administrative) with Environmental Review	Yes	No	No	Staff	HE	CC	SC
Shoreline Permit	Yes	No	No	Staff	DOE	CC	SC
Short Plats – 4 Lots or Less, with Environmental Review	Yes	No	No	Staff	HE	CC	SC
Temporary Use Permits (subject to SEPA)	Yes	No	No	Staff	HE	CC	SC
Building Permits submitted in conjunction with any of the above	Yes	No	No	Staff	HE	CC	SC
TYPE IV4
Variances, PBPW Administrator5 (and building permits submitted in conjunction with above)	Yes	NA	Admin.	Admin.			SC
TYPE V
Conditional Approval Permit (nonconforming uses)	Yes	Staff	HE	HE		CC	SC
Request for Extension of Amortization Period of Adult Use	Yes	NA	HE	HE	NA	CC	SC
TYPE VI4
Bulk Storage Special Permit	Yes	Staff	HE	HE		CC	SC
Conditional Use Permit (Hearing Examiner)	Yes	Staff	HE	HE		CC	SC
Fill and Grade Permit, Special	Yes	Staff	HE	HE		CC	SC
Master Site Plan Approval (overall plan)	Yes	Staff	HE	HE		CC	SC
Mobile Home Parks, Preliminary and Final	Yes	Staff	HE	HE		CC	SC
Planned Urban Development, final	Yes	Staff	HE	HE		CC	SC
Planned Urban Development, preliminary, when associated with an existing development that proposes a binding site plan	Yes	Staff	HE	HE		CC	SC
Shoreline Conditional Use Permit6	Yes	Staff	HE	DOE, HE		SHB
Shoreline Variance6	Yes	Staff	HE	DOE, HE		SHB
Short Plats – 5 to 9 Lots	Yes	Staff	HE	HE		CC
Site Plan Review (Hearing Examiner) with Environmental Review	Yes	Staff	HE	HE		CC
Special Permits	Yes	Staff	HE	HE		CC
Variances (associated with Hearing Examiner land use review)	Yes	Staff	HE	HE		CC
Building Permits submitted in conjunction with any of the above	Yes	Staff	HE	HE		CC
Environmental Review	Yes	No	No	Staff	HE	CC	SC
Site Plan Review (administrative) with Environmental Review	Yes	No	No	Staff	HE	CC	SC
TYPE VII4
Preliminary Plats – 10 Lots or More	Yes	Staff, HE	HE	CC			SC
Planned Urban Developments (preliminary, except as shown under Type VI)	Yes	Staff, HE	HE	CC			SC
Rezones (site-specific, not associated with a Comprehensive Plan amendment)	Yes	Staff, HE	HE	CC			SC
Building Permits submitted in conjunction with any of the above	Yes	Staff, HE	HE	CC	SC		SC
TYPE VIII4
Final Plats	No	Staff	NA	CC			SC
Street Vacations8	Yes	Staff	CC	CC			SC
TYPE IX4
Development Regulation Text Amendments – Except Those Referred to Planning Commission	Yes	Staff	CC	CC			GMHB
TYPE X4
Comprehensive Plan Text Amendments	Yes	Staff, PC	PC, CC	CC			GMHB
Comprehensive Plan Map or Text Amendments with Associated Rezones	Yes	Staff, PC	PC, CC	CC			GMHB
Development Regulation Text Amendments Referred to Planning Commission	Yes	Staff, PC	PC, CC	CC			GMHB
TYPE XI
Reserved for Annexations

LEGEND:

Staff – Planning/Building/Public Works Division Staff

ERC – Environmental Review Committee

PC – Planning Commission

Admin. – Planning/Building/Public Works Administrator or his/her designee

HE – Hearing Examiner

CC – City Council

DOE – Washington State Department of Ecology

SC – Superior Court

SHB – Shoreline Hearings Board

GMHB – Growth Management Hearings Board

NA – Not Applicable

FOOTNOTES:

1. SEPA exempt or for which the SEPA/land use permit process has been completed.

2. Administratively approved.

3. In lieu of the public notice requirements of RMC 4-8-090, public notice of a SEPA exempt temporary use permit shall consist of the on-site installation of a twenty-four inch by thirty-inch (24" x 30") sign meeting the requirements of RMC 4-9-240E. At the discretion of the Administrator, additional notice may be required.

4. Environmental review may be associated with a land use permit. The Environmental Review Committee (ERC) is responsible for environmental determinations.

5. The Planning/Building/Public Works Administrator or his/her designee shall hear variances where not associated with a development that requires review by the Hearing Examiner.

6. Shoreline conditional use permits and shoreline variances also require approval of the State Department of Ecology (DOE). DOE has up to thirty (30) days to make a decision on a permit. This time period does not count toward the one hundred twenty (120) day maximum time limit for permit decisions. DOE’s decision is followed by a twenty-one (21) day appeal period, during which time no building permit for the project may be issued.

7. An open record appeal of an environmental threshold determination must be held concurrent with an open record public hearing.

8. Street vacations are exempt from the one hundred twenty (120) day permit processing time limit.

9. Environmental review for a permitted/secondary/accessory use not requiring any other land use permit.

(Amd. Ord. 4827, 1-24-2000; Ord. 4963, 5-13-2002; Ord. 4975, 7-1-2002; Ord. 5153, 9-26-2005; Ord. 5356, 2-25-2008)

H. REVIEW PROCESSES:

All references in this chart are to sections in the Revised Code of Washington (RCW).

(Amd. Ord. 4974, 6-24-2002)

Type I – Land Use Permits

Administrative Review Process

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

(Amd. Ord. 4974, 6-24-2002)

Type II – Land Use Permits

Administrative Review Process

Type II – Staff Review with Public Notice:

Administrative Variances

Business Licenses for Home Occupations with customer visits/deliveries

Conditional Approval Permits for Nonconforming Structures

Additional Animals Permit

Short Plats of 4 lots or less (SEPA exempt)

Site Plan Review (Administrative) for Secondary Uses (SEPA exempt)

Temporary Use Permits (SEPA exempt)

(Amd. Ord. 4963, 5-13-2002; Ord. 4974, 6-24-2002; Ord. 5356, 2-25-2008)

Type III – Land Use Permits

Administrative Review and/or Environmental Review Process

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

1 Environmental Threshold Determination shall not be issued prior to a 14-day comment period following the mailing of public notice of the development application.

2 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.

3 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.

4 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 Office or until any appeal proceedings have concluded.

(Amd. Ord. 4974, 6-24-2002)

Type IV – Land Use Permits

Board of Adjustment

(Repealed by Ord. 5157, 9-26-2005) (Amd. Ord. 4974, 6-24-2002)

Type V – Land Use Permits

Staff/Hearing Examiner Review Process

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.

(Amd. Ord. 4827, 1-24-2000; Ord. 4974, 6-24-2002)

Type VI – Land Use Permits

Hearing Examiner/Environmental Review Process

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

Planned Urban Development, Final

Planned Urban Development, Preliminary, when associated with an existing development that proposes a binding site plan

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

1 Environmental Threshold Determination shall not be issued prior to a 14-day comment period following the mailing of public notice of the development application.

2 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.

3 Open Record Appeal of Environmental Threshold Determination may be included in Public Hearing (Hearing Examiner) if applicable.

4 DOE has up to 30 days to make a decision on a Shoreline Conditional Use Permit and Variance Permit. This time period does not count toward the 120-day maximum time limit for permit decisions.

5 For Shoreline Conditional Use Permits and Variances, a Building Permit shall not be issued until 21 days after the permit decision.

(Amd. Ord. 4974, 6-24-2002; Ord. 5153, 9-26-2005)

Type VII – Land Use Permits

City Council/Hearing Examiner Environmental Review Process

Type VII – City Council/Hearing Examiner/Environmental Review Process:

Preliminary Plats

Planned Urban Developments, Preliminary

Building Permits submitted in conjunction with any of the above

Rezones, site-specific in conformance with Comprehensive Plan

1 Environmental Threshold Determination shall not be issued prior to a 14-day comment period following the mailing of public notice of the development application.

2 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.

3 Open Record Appeal of Environmental Threshold Determination may be included in Public Hearing (Hearing Examiner) if applicable.

4 Appeal of City Council decision to King County Superior Court.

(Amd. Ord. 4974, 6-24-2002; Ord. 5153, 9-26-2005)

Type VIII – Land Use Permits

City Council/Staff Review Process

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.

(Amd. Ord. 4974, 6-24-2002)

Type IX – Land Use Permits

City Council/Environmental Review/Staff

Type IX – City Council/Environmental Review Committee (ERC)/Staff

Development Regulation Amendments except those referred to Planning Commission

1 Environmental Threshold Determination shall not be issued prior to a 14-day comment period following the mailing of public notice of the development application. Any required comment and/or appeal period must be completed before action is taken.

2 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.

3 Any appeal of environmental decision shall be heard before the Hearing Examiner.

(Amd. Ord. 4974, 6-24-2002; Ord. 5153, 9-26-2005)

Type X3 – Land Use Permits

City Council/Planning Commission/Environmental Review Process

Type X3 – City Council/Planning Commission/Environmental Review Process:

Comprehensive Plan Map or Text Amendments

Rezones with associated Comprehensive Plan Map Amendments

Development Regulations Text Amendments Referred to Planning Commission

1 For Comprehensive Plan Map Amendments or Rezones with associated Comprehensive Plan Map Amendments: Environmental Threshold Determination shall not be issued prior to a 14-day comment period following public notice of proposal. Any required SEPA comment and/or appeal periods shall conclude prior to legislative hearing. Any appeal of Environmental Decision shall be heard before the Hearing Examiner.

2 For Comprehensive Plan Text Amendments or Development Regulation Text Amendments: Environmental Threshold Determination shall not be issued prior to a 14-day comment period following public notice of proposal. Any required comment and/or appeal period must be completed before action is taken. Any appeal of Environmental Decision shall be heard before the Hearing Examiner.

3 Type X Land Use Permits are exempt from the requirements of State Regulatory Reform Act.

(Ord. 4587, 3-18-1996; Amd. Ord. 3-17-1997; Ord. 4974, 6-24-2002; Ord. 4975, 7-1-2002; Ord. 5153, 9-26-2005)

Type XI – Land Use Permits

Reserved for Annexations

4-8-090 PUBLIC NOTICE REQUIREMENTS:

A. APPLICABILITY:

A notice of application is not required for actions which are classified as a Type 1 land use procedure under RMC 4-8-080G, and for actions specifically exempted under RMC 4-8-050, Exemptions from State Process Requirements, but is required for all land development permit applications subject to notice requirements.

B. NOTICE OF DEVELOPMENT APPLICATION:

1. Within fourteen (14) days of issuing a letter of completeness under RMC 4-8-100C, Letter of Completeness, the City shall issue a notice of development application. The notice shall, at minimum, include the following:

a. Applicant and/or owner name,

b. Project name and City file number,

c. Date of application acceptance,

d. Project location,

e. Project description,

f. A listing of all permits/approvals requested,

g. The date the fourteen (14) day public comment period expires,

h. The following, or equivalent, statements: “In order to receive additional information regarding this particular project, you will need to contact the City’s Development Services Division and request to be made a party of record” and “In order to become a party of record or to obtain further information regarding this project, please contact the City of Renton Development Services Division at 1055 S. Grady Way, Renton, WA 98055, (425) 235-2550”, (Ord. 4587, 3-18-1996, Amd. Ord. 4722, 5-11-1998)

i. The date, time, and place of a public hearing if one has been scheduled. (Ord. 4507, 3-18-1996)

2. Three (3) notices of development application shall be posted on or near the subject property and mailed to property owners within three hundred feet (300') of the boundaries of the subject property.

C. NOTICE OF ADMINISTRATIVE DECISIONS:

The Development Services Division shall notify all parties of record, the project proponent and affected government agencies of any administrative decision subject to notice. Notification must be made by mail; however, the Development Services Division may also elect to post the notices of administrative decision at or near the project site. The notice shall include:

1. A description of the decision(s), including any conditions of approval.

2. A statement explaining where further information may be obtained.

3. Any threshold environmental determination issued for the project. If an application subject to an administrative approval requires an environmental threshold determination, the notice of administrative approval shall include the threshold determination and its appeal process.

4. The decision and a statement that the decision will be final unless an appeal to the Hearing Examiner is filed with the City Clerk within fourteen (14) days of the date of the decision.

D. NOTICE OF PUBLIC HEARING:

Notice of a public hearing for all development applications subject to notification requirements and all open record appeals shall be given as follows:

1. Time of Notices: Except as otherwise required, public notification of meetings, hearings, and pending actions shall be made by:

a. Publication at least ten (10) days before the date of a public meeting, hearing, or pending action in the official newspaper if one has been designated or a newspaper of general circulation in the City,

b. Mailing at least ten (10) days before the date of a public meeting, hearing, or pending action to all parties of record, the project proponent and affected government agencies, and

c. Posting of three (3) notices at least ten (10) days before the meeting, hearing, or pending action at or near the project site.

2. Content of Notice: The public notice shall include a general description of the proposed project, the action to be taken, a nonlegal description of the property or a vicinity map or sketch, the time, date and place of the public hearing, where further information may be obtained, and the following, or equivalent, statement: “If the hearing on a pending action cannot be completed on the date set in the public notice, the meeting or hearing may be continued to a date certain and no further notice under this Section is required”.

E. NOTICE OF HEARING EXAMINER DECISION:

Notice of Hearing Examiner decisions subject to notice requirements shall be made by the Hearing Examiner’s office to all parties of record, the project proponent, and Development Services Division, and affected government agencies. Notification shall be made by mail and must include:

1. A description of the decision(s), including any conditional approval.

2. A statement explaining where further information may be obtained.

3. Any threshold environmental determination issued and its appeal process.

4. The decision date and a statement that the decision will be final unless an appeal to the City Council is filed with the City Clerk within fourteen (14) days of the date of the decision.

F. NOTICE OF CITY COUNCIL DECISION:

Notice of City Council decisions subject to notice requirements shall be made by the City Clerk’s office to all parties or record, the project proponent, the Development Services Division, and affected government agencies. Notification shall be made by mail and must include:

1. A description of the decision(s), including any conditions of approval.

2. A statement explaining where further information may be obtained.

3. Any threshold environmental determination issued and its appeal process.

4. The decision date and a statement that the decision will be final unless the appropriate land use appeal, writ of review or appeal from the decision of the City Council is filed with the Superior Court within fourteen (14) days of the date of the decision. (Ord. 4587, 3-18-1996)

G. FAILURE TO RECEIVE NOTICE:

Failure to receive such mailed notification as may be required in subsections A to F of this Section shall have no effect upon the proposed action or application. (Ord. 5153, 9-26-2005)

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 Development Services Division 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: If an application is determined incomplete, the necessary materials for completion shall be specified in writing to the contact person and property owner. 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. (Ord. 4587, 3-18-1996, Ord. 4660, 3-17-1997)

3. Additional Information May Be Requested: A written determination of completeness does not preclude the Development Services Division 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 Development Services Division may set deadlines for the submittal or supplemental information. (Ord. 4587, 3-18-1996, Ord. 4660, 3-17-1997)

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)

4-8-110 APPEALS:

A. SCOPE AND PURPOSE:

This Section provides the basic procedures for processing all types of land use and development-related appeals. Specific requirements are based upon the type/level of appeal and the appeal authority. Procedures for the following types of appeals are included in this Section:

1. Appeals of administrative decisions to Planning/Building/Public Works Administrator or his/her designee;

2. Appeals to Hearing Examiner of administrative decisions and environmental determinations;

3. Appeals to City Council;

4. Appeals to Superior Court;

5. Appeals to the State Shorelines Hearings Board; and

6. Appeals to the Growth Management Hearings Board. (Ord. 5154, 9-26-2005; Ord. 5157, 9-26-2005)

B. DECISION AUTHORITY:

RMC 4-8-080G, Land Use Permit Procedures, lists the development permits reviewed by the City and the review authority responsible for open record appeals, closed record appeals and judicial appeals. Where required permits are subject to different types of permit review procedures, then all the applications are subject to the highest-number procedure, as identified in RMC 4-8-080G, and highest level of review authority, as identified in RMC 4-8-070, that applies to any of the applications. (Ord. 4587, 3-18-1996; Amd. Ord. 4660, 3-17-1997; Ord. 4963, 5-13-2002)

C. GENERAL INFORMATION APPLICABLE TO ALL TYPES OF APPEALS:

1. Standing: (Reserved)

2. Time to File: (Reserved)

3. Required Form for and Content of Appeals: Any appeal shall be filed in writing. 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. (Ord. 4353, 6-1-1992)

4. Filing of Appeal and Fee: The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170, the fee schedule of the City. (Ord. 3658, 9-13-1982)

5. Facsimile Filings: Whenever any application or filing is required under this Chapter, it may be made by facsimile. Any facsimile filing received at the City after five o’clock (5:00) p.m. on any business day will be deemed to have been received on the following business day. Any facsimile filing received after five o’clock (5:00) p.m. on the last date for filing will be considered an untimely filing. Any party desiring to make a facsimile filing after four o’clock (4:00) p.m. on the last day for the filing must call the Hearing Examiner’s office or other City official with whom the filing must be made and indicate that the filing is being made by facsimile and the number to which the facsimile copy is being sent. The filing party must ensure that the facsimile filing is transmitted in adequate time so that it will be completely received by the City before five o’clock (5:00) p.m. in all instances in which filing fees are to accompany the filing of an application, those filing fees must be received by the City before the end of the business day on the last day of the filing period or the filing will be considered incomplete and will be rejected. (Ord. 4353, 6-1-1992)

6. Notice of Appeal: (Reserved)

7. Restrictions on Subsequent Actions: Any later request to interpret, explain, modify, or retract the decision shall not be deemed to be a new administrative determination creating a new appeal period for any new third party to the permit. (Ord. 4168, 8-8-1988)

8. Limit on Number of Appeals: The City has consolidated the permit process to allow for only one open record appeal of all permit decisions associated with a single development application. (Ord. 4587, 3-18-1996, Ord. 4660, 3-17-1997)

There shall be no more than one appeal on a procedural determination or environmental determination such as the adequacy of a determination of significance, nonsignificance, or of a final environmental impact statement.

Any appeal of the action of the Hearing Examiner in the case of appeals from environmental determinations shall be joined with an appeal of the substantive determination. (Ord. 3891, 2-25-1985)

9. Exhaust of Administrative Remedies: (Reserved)

D. APPEALS OF ADMINISTRATIVE DECISIONS TO THE PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT:

Any decisions made in the administrative process related to the City’s storm drainage regulations may be appealed to the Planning/Building/Public Works Administrator or his/her designee within fifteen (15) days and filed, in writing, with the Planning/Building/Public Works Department. The Administrator shall give substantial weight to any discretionary decision of the City rendered pursuant to this Chapter. (Ord. 4342, 2-3-1992; Ord. 5156, 9-26-2005)

E. APPEALS TO EXAMINER OF ADMINISTRATIVE DECISIONS AND ENVIRONMENTAL DETERMINATIONS: (Amd. Ord. 4827, 1-24-2000)

1. Applicability and Authority:

a. Administrative Determinations: Any administrative decisions made may be appealed to the Hearing Examiner, in writing, with the Hearing Examiner, Examiner’s secretary or City Clerk. (Ord. 4521, 6-5-1995)

b. Environmental Determinations: Except for permits and variances issued pursuant to RMC 4-3-090, Shoreline Master Program Regulations, when 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, 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.

2. Optional Request for Reconsideration: See RMC 4-9-070N. (Ord. 5153, 9-26-2005)

3. Standing:

a. Standing for Filing Appeals of the City’s Environmental Determinations: Appeals from environmental determinations as set forth in subsection E1b of this Section or RMC 4-9-070N 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. Any agency or person may appeal the City’s compliance with chapter 197-11 WAC for issuance of a Threshold Determination. A person is aggrieved when all of the following conditions are met: The decision is prejudiced or is likely to prejudice that person; the person’s asserted interests are among those that are required to be considered by the City when it made its decision; and a decision in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the decision; and prejudice means injury in fact. (Ord. 3891, 2-25-1985; Ord. 5153, 9-26-2005)

b. Standing for Appeals of Administrative Determinations other than Environmental: Appeals from administrative determinations of the City’s land use regulation codes and from environmental determinations required by the Renton environmental review regulations 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. (Ord. 3454, 7-28-1980)

c. Special Standing Requirements for Appeals of Administrative Determinations Relative to the Tree Cutting and Land Clearing Regulations: Any individual or party of record who is adversely affected by such a decision may appeal the decision to the City’s Hearing Examiner pursuant to the procedures established in this Section. (Ord. 4351, 5-4-1992)

d. Special Standing Requirements for Appeals of Decisions Relating to Master Site Plans: Any appellant must be seeking to protect an interest that is arguably within the zone of interest to be protected or regulated by this Title must allege an injury in fact, and that injury must be real and present rather than speculative. (Ord. 4551, 9-18-1995)

4. Time for Appeal: Any such appeal shall be filed in writing with the Examiner within the following time limits:

a. Appeals of Environmental Determinations: Appeals of a final environmental determination under the Renton environmental review regulations shall be filed within fourteen (14) days of publication of notice of such determination. (Ord. 3454, 7-28-1980)

i. A Final DNS: The appeal of the DNS must be made to the Hearing Examiner within fourteen (14) days of the date the DNS is final.

ii. A DS: The appeal must be made to the Hearing Examiner within fourteen (14) days of the publication date of the DS in the official City newspaper.

iii. A Final EIS: The appeal of the FEIS must be made to the Hearing Examiner within twenty (20) days of the date the permit or other approval is issued. (Ord. 3891, 2-25-1985)

b. Appeals to Examiner of Administrative Determinations Other Than Environmental: Appeals from an administrative decision pursuant to this Chapter shall be filed within fourteen (14) days of the date that the action was taken. (Ord. 3454, 7-28-1980)

The appeal from an administrative decision implementing a land use decision of the City Council or the Hearing Examiner pursuant to this Chapter shall be filed with the Hearing Examiner, along with the required fee, within fourteen (14) days of the administrative decision or, if no date of administrative decision can be determined, within fourteen (14) days of the issuance of any permit which requires interpretation of that land use decision, such administrative decision being an essential part of the issuance of the permit, license, or other City permission to proceed.

As between the permit holder and the City, any decision to modify or retract the permit shall give the permit holder a fourteen (14) day appeal period from the date of the action to modify or retract the permit.

5. Complaints After Expiration of Appeal Time: Any claim that an administrative decision maker has failed to correctly interpret or enforce a land use decision after the expiration of the appeal time established in this Section shall not create an appeal right, but will be treated as a complaint of noncompliance with the land use decision. (Ord. 4168, 8-8-1988)

6. Appeal Procedures – Hearing Examiner: The City establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:

a. Notice to Officer: 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.

b. Transmittal of Records and Reports: Upon receiving such notice, the officer from whom the appeal is being taken shall transmit to the Hearing Exam-

iner 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.

c. 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. (Ord. 3454, 7-28-1980)

d. Content of Hearing: The Examiner may hear and consider any pertinent facts pertaining to the appeal. (Ord. 3992, 5-19-1986)

e. Record Required: For any appeal under this subsection, the City shall provide for a record that shall consist of the following:

i. Findings and conclusions;

ii. Testimony under oath; and

iii. A taped or written transcript.

f. Electronic Transcript: The City may require the appellant to provide an electronic transcript. (Ord. 3891, 2-25-1985)

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. (Ord. 3891, 2-25-1985) The Hearing Examiner shall give substantial weight to any discretionary decision of the City rendered pursuant to this Chapter/Title. (Ord. 4346, 3-9-1992)

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

v. Clearly erroneous in view of the entire record as submitted; or

iv. Arbitrary or capricious. (Ord. 3992, 5-19-1986)

c. Time for Examiner’s Decision: The Hearing Examiner shall render a written decision within ten (10) days. (Ord. 4401, 5-3-1993)

8. Appeal of Examiner Decision:

a. Appeal 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, any interested party aggrieved by the Examiner’s written decision or recommendation may submit a notice of appeal to the City Council, upon a form furnished by the City Clerk, within fourteen (14) calendar days from the date of the Examiner’s written report. (Amd. Ord. 4899, 3-19-2001)

b. (Deleted by Ord. 4899, 3-19-2001) (Ord. 3454, 7-28-1980)

c. Other Bodies: (Reserved)

F. APPEALS TO CITY COUNCIL – PROCEDURES:

1. Time for Appeal: Unless a specific section of State law providing for review of a decision of the Examiner requires review thereof by the Superior Court or any other body, any interested party aggrieved by the Examiner’s written decision or recommendation may submit a notice of appeal to the City Clerk, upon a form furnished by the City Clerk, within fourteen (14) calendar days from the date of the Examiner’s written report.

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.

3. Opportunity to Provide Comments: Other 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 Record to Council: 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. (Ord. 3658, 9-13-1982)

5. 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. (Ord. 4389, 1-25-1993)

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 submissions 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 recommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-8-070H2 and I, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, or that a recommendation of the Hearing Examiner should be disregarded or modified, the City Council may remand the proceeding to the Examiner for reconsideration, or enter its own decision upon the application.

9. Decision Documentation: In any event, the 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. (Ord. 3658, 9-13-1982)

10. 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. (Ord. 4660, 3-17-1997)

G. APPEALS TO SUPERIOR COURT:

1. Intent: Appeals pursuant to this Section are intended to comply with the Land Use Petition Act, chapter 36.70C RCW. (Ord. 4587, 3-18-1996, Amd. Ord. 4660, 3-17-1997)

2. Applicability: Any decision or order issued by the City pursuant to this Section may be judicially reviewed provided that available administrative appeals, including those listed in RMC 4-9-250D, have been exhausted. (Ord. 4346, 3-9-1992)

3. Standing: Those persons with standing to bring an appeal of a land use decision are limited to the applicant, the owner of property to which land use decisions are directed, and any other person aggrieved or adversely affected by the land use decision or who would be aggrieved or adversely affected by a re-

versal or modification of the land use decision. The terms “aggrieved” and “adversely affected” are defined in RCW 36.70C.060.

4. Content of Appeal Submittal: The content, procedures and other requirements of an appeal of land use decision are governed by chapter 36.70C RCW which is incorporated herein by reference as if fully set forth.

5. Time for Initiating Appeal to Superior Court:

a. Appeals of Land Use Decisions: An appeal to Superior Court of a land use decision, as defined herein, must be filed within twenty one (21) days of the issuance of the land use decision. For purposes of this Section, the date on which a land use decision is issued is:

i. Three (3) days after a written decision is mailed by the City or, if not mailed, the date on which the local jurisdiction provided notice that a written decision is publicly available;

ii. If the land use decision is made by ordinance or resolution by the City Council, sitting in a quasi-judicial capacity, the date the body passes the ordinance or resolution; or

iii. If neither (i) or (ii) of this subsection applies, the date the decision is entered into the public record. (Ord. 4587, 3-18-1996, Amd. Ord. 4660, 3-17-1997)

b. Appeal of Environmental Determinations: Appeal to the Superior Court of the environmental decision and the substantive determination must be made within twenty (20) days of the substantive determination and must be made by writ of review to the Superior Court of Washington for King County. (Ord. 3891, 2-25-1985)

6. Appeals of Other Than Land Use Decisions – Superior Court: Appeals to Superior Court from decisions other than a land use decision, as defined herein, shall be appealed within the time frame established by ordinance. If there is no appeal time established by an ordinance, and there is no statute specifically pre-empting the area and establishing a time frame for appeal, any appeal, whether through extraordinary writ or otherwise, shall be brought within twenty one (21) days of the decision. (Ord. 4587, 3-18-1996; Amd. Ord. 4460, 3-17-1997)

H. APPEALS OF SHORELINE PERMIT DECISIONS TO SHORELINES HEARING BOARD:

1. Standing for Appeals to Shorelines Hearings Board: Any person aggrieved by the granting or denying of a substantial development permit, a conditional use permit and/or a variance on shorelines of the City, or by the rescinding of a permit pursuant to the provisions of the Shoreline Master Program, may seek review from the State of Washington Shorelines Hearing Board.

2. Place and Time for Filing Appeals: Appeals of decisions by the Land Use Hearing Examiner must be made directly to the Shorelines Hearings Board. Appeals are made by filing a request for the same within twenty one (21) days of receipt of the final order and by concurrently filing copies of such request with the Department of Ecology and the Attorney General’s office as provided in section 18(1) of the Shorelines Management Act of 1971. (Amd. Ord. 4999, 1-13-2003)

3. City Requires Copy of Appeal Notice: A copy of any such appeal notice shall likewise be filed with the Planning/Building/Public Works Department and the City Clerk of the City of Renton.

4. Limited Utility Extensions and Protective Bulkheads – Appeals: Appeals of substantial development permits, for a limited utility extension as defined in RCW 90.58.140 (11) or for the construction of a bulkhead or other measures to protect a single family residence and its appurtenant structures from shoreline erosion, shall be finally determined by the legislative authority within thirty (30) days. (Ord. 3758, 12-5-1983, Rev. 7-22-1985, 3-12-1990 (Res. 2787), 7-16-1990 (Res. 2805), 9-13-1983 (Min.))

I. GROWTH MANAGEMENT HEARINGS BOARD:

1. Standing for Appeals to GMHB:

a. Those who may file an appeal are:

i. The State of Washington or county or city that plans under GMA;

ii. A person who has participated orally or in writing before the City regarding the matter on which a review is being requested;

iii. A person who is certified by the Governor within sixty (60) days of filing the request with the Board; or

iv. A person who qualifies pursuant to RCW 34.05.530 as aggrieved or adversely affected by the City’s action on an item in subsection I2 of this Section.

b. Participatory Standing: A person who files an appeal under subsection I1a(iv) of this Section must establish participatory standing by showing that his or her participation before the City was reasonably related to the person’s issue as presented to the Board.

c. Standing When a State Environmental Policy Act (SEPA) Appeal Is Made to the Board: To establish SEPA standing to appeal to the Board, the petitioner’s endangered interest must be arguably within the zone of interests protected by SEPA. Also, the petitioner must allege an injury in fact; that is, the petitioner must present sufficient evidentiary facts to show that the challenged SEPA determination will cause him or her specific and perceptible harm. The petitioner who alleges a threatened injury rather than an existing injury must also show that the injury will be ‘immediate, concrete, and specific’; a conjectural or hypothetical injury will not confer standing.

2. Matters Which May Be Appealed:

a. That the City planning under chapter 36.70A RCW is not in compliance with the requirements of that chapter, chapter 90.58 RCW as it relates to the adoption of shoreline’s master programs or amendments thereto, or chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW; or

b. That the twenty (20) year Growth Management population projections applicable to the City of Renton or its potential annexation area as adopted by the Office of Financial Management pursuant to RCW 43.62.035 should be adjusted.

3. Time for Appeal: All petitions under this Section must be filed within sixty (60) days after publication of the appealed Comprehensive Plan, development regulation or permanent amendment thereto by the legislative body of the City. The date of publication by the City shall be the date it publishes the ordinance, or summary of the ordinance, adopting the Comprehensive Plan, development regulations or amendment thereto, as is required to be published.

4. Contents o