HomeMy WebLinkAbout3424Ordinance No. 3424
(Amending or Repealing Ordinances)
CFN=131 - Zoning Codes
Passed - 11/17/1998
1724 Regulations
Amends/Adds: Secs. 2.32;11.03;12.01;12.04;12.06;15.08;15.09
Amends Ords: 1827,1840,2233,2708,312313141,3340,3353
Amends Secs: 15.08.040 of Ord. 2424; 15.09.050 & 15.09.055 of Ord.
2469; 12.12A (now: 11.03) of Ord. 2494; 2.54.140 (now: 2.32.130) of Ord.
2789; 2.54.100 (now: 2.32.090), 2.54.110 (now: 2.32.100), 2.54.120 (now:
2.32.110), 2.54.130 (now: 2.32.120), 2.54.140 (now: 2.32.130), & 2.54.150
(now: 2.32.140) of Ord. 2802; 15.09.030 of Ord. 2806; 12.04.080 of Ord.
2849; 15.09.030, 15.09.040 & 15.09.050 of Ord. 2863; 15.09.010 (B) of Ord.
2942; 2.54. 100 (now: 2.32.090) & 2.54.140 (now: 2.32.130) of Ord. 3036;
15.09.048 of Ord. 3050; 12.12A.130 (B) (now: 11.03.050) of Ord. 3070;
2.32.090, 2.32.100, 2.32.110, 2.32.120, 2.32.130, 2.32.140 & 12.04.250 of
Ord. 3169; 15.09.042 of Ord. 3333; 15.09.050 of Ord. 3345;
Amended by Ord. 3457 (Sec. 15.09.048 now 15.09.046); Amended by
Ord. 3470 (Sec. 15.09.050); Amended by Ord. 3511 (Sec. 2.32.090);
Amended by Ord. 3525 (Sec. 15.09.046 {Formerly 15.09.048}); Amended by
Ord. 3560 (Sec. 2.32.090(B)); Amended by Ord. 3574 (Sec. 11.03.520 and
Chapter 12.01); Amended by Ord. 3575 (Sec. 15.08.040); Amended by
Ord. 3600 (Secs. 12.01.190(H),15.08.035,15.09.030,15.09.040,
15.09.042); Amended by Ord. 3612 (Sec. 15.08.035); Amended by Ord. 3614
(Sec. 12.01.040); Amended by Ord. 3742 (Sec. 15.09.046); Amended by
Ord. 3752 (Secs. 12.04.695;15.08.040;15.08.400;15.09.030;15.09.040);
Amended by Ord. 3760 (Sec. 12.01.030); Amended by Ord. 3801
(Ch. 12.01); Amended by Ord. 3830 (Sec. 15.09.045); Amended by
Ord. 3906 (Ch. 12.04); Amended by Ord. 3914 (Sec. 12.01.110); Amended
by Ord. 3976 (Sec. 11.03.200); Amended by Ord. 3988 (Sec. 15.09.046);
Amended by Ord. 4003 (Secs. 15.08.040;15.09.055); Amended by Ord. 4011
(Secs. 12.01.040(A);15.09.045); Amended by Ord. 4044 (Chp 12.01;
Sec. 2.32.130)
The date ["Beginning July 1, 1998"] has led to confusion This date will be deleted from cover sheets of
ordinance/resolution revision pages This cover sheet will be deleted on electronic pages only, no other
deletions or changes have been made to the document — 6/21/2012
ORDINANCE NO. 2ga 14
AN ORDINANCE of the City Council of the City of
Kent, Washington, relating to land use and zoning, adopting
new administrative procedures for the processing of project
permit applications as required by the Regulatory Reform
Act, Chapter 347 1995 Laws of Washington, describing
general requirements for a complete application; allowing for
optional consolidated permit processing, describing the
process for issuance of a notice of application, setting forth
the initial steps to the determination of consistency with the
development regulations in SEPA, setting a timeframe for the
issuance of project permits; describing the required public
notice procedures for a public hearing; establishing a process
for the conduct of an open record hearing and closed record
decisions and appeals, describing the process for issuance of
a notice of decision, adding a new Chapter 12.01 to the Kent
City Code, in order to implement the new project permit
administrative procedures, and amending existing notice,
process, and appeals provisions in Chapters 2.32, 11.03,
12.04, 12.07, 15.06, 15.08, and 15.09.
WHEREAS, the Regulatory Reform Act (Chapter 347 of the 1995 Laws of
Washington) require that the City establish a permit review process which, among other
things: (1) provides for the integrated and consolidated review and decision on two or
more project permits relating to proposed actions; (2) combines the environmental review
process, both procedural and substantive, with the procedure for review of project permits;
(3) provides for no more than one open record hearing and one closed record appeal on
such permits, except for the appeal of a determination of significance; and (4) provides for
the issuance of the City's final decision within 120 calendar days after submission of a
complete application; and
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WHEREAS, the Land Use and Planning Board conducted a public hearing
on May 26, 1998 to consider the proposed changes and voted unanimously to send the
ordinance to the Kent City Council with their recommendation to adopt the proposed
changes; and
WHEREAS, the City of Kent has a strong interest in efficient permitting
and the purpose of these regulatory reform procedures is to enhance efficiency,'
consistency, and predictability; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.32.090 of the Kent City Code is hereby amended
as follows:
Sec. 2.32.090. Duties. The hearing examiner shall have the following duties with
respect to applications of matters submitted before him or her.
A. Decisions of the hearing examiner The hearing examiner shall receive and examine
available information, conduct public hearings, prepare a record thereof, and enter
findings of fact and conclusions based upon these facts, which conclusions shall
represent the final action on the application, unless appealed, as specified in this
section for the following:
;
b- Sher -ohne -}permits;
Q, Q;
I. All Process III applications as follows:
a. Conditional use permits:
b. Sign variances;
2 1724 Regulati,
C. Planned unit developments not requiring a change of use,•
d. Preliminary_ plat;
e. Shoreline variance;
f. Shoreline conditional use permit,
� Special home occu ap tion permit, and
h. Applications for variances from the terms of the zoning code;
provided, however, that no application for a variance shall be
granted unless the hearing examiner finds:
i. The variance shall not constitute a grant of special privilege
inconsistent with the limitation upon uses of other properties
which the application is located;
ii. That such variance is necessary, because of special
circumstances relating to the size, shape topography,
location, or surroundings of the subject property, to provide
it with use rights and privileges permitted to other properties
in the vicinity and in the zone in which the subject property
is located, and
iii. That therg anting of such variance will not be materially
detrimental to the public welfare or injurious to the property
or improvements in the vicinily and zone in which the
subject property is situated.
2.� Business license denials, revocations.
3.g Code violations pursuant to chapter 1.04.
B. The hearing examiner shall have the following duties with respect to appeals
submitted before him or her.
1. All process I appeals as follows:
A-. Appeals from development plan and zoning permit review
decisions;
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b. Appeals from performance standards procedure decisions,•
c. Appeals from sign permit decisions, and
d. Appeals from administrative interpretation decisions.
2. All Process II appeals as follows:
I Appeals from administrative design review decisions,•
b. Appeals from shoreline substantial development permits decisions;
c. Appeals from accessory dwelling unit permit decisions;
d. Appeals from administrative variance decisions;
e. Appeals from downtown design review decisions;
f. Appeals from multi -family design review decisions; and
g, Appeals from short subdivision committee decisions.
4?1 Appeals of deeisiat of te st oi4 sod- *isien-
3.i- Appeals from stop work orders; or notices of violation issued
by a city
official in the administration or enforcement of the provisions of the Kent
City Code;
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4. Appeals of SEPA determinations: and
5.1- Such other matters as may be designated by ordinance.
C.-2-. Recommendations of the hearing examiner. The hearing examiner shall receive and
examine available information, conduct public hearings, prepare a record thereof
and enter findings of fact and conclusions based upon those facts, together with a
recommendation to the city council, for the following:
l.a Rezones;
2.4. pigs Planned unit developments with a change of use;
3.e: Special use combining districts, including mobile home park combining
districts;
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4 � Such other matters as may be designated by er:ipanse the council.
D.- {Public hearings. The hearing examiner shall conduct public hearings when
required under the provisions of the sState eEnvironmental pPolicy aAct; conduct
open record public hearings or closed -record appeals in accordance with the
provision of Ch. 12.01 KCC; to possible rvveeatien of a" PonditiAnAl ,
pare conduct such other hearings as the city council may €OF from time to time
deem appropriate.
E.4- References. All references in the city Gcode and elsewhere to the board of
adjustment shall be construed as referring to the hearing examiner.
F.A-. Recommendation or decision.
1. The hearing examiner's recommendation or decision may be to grant or
deny the application, or the hearing examiner may recommend or require
of the applicant such conditions, modifications and restrictions as the
5 1724
hearing examiner finds necessary to make the application compatible with,i
its environment, with applicable state laws, and to carry out the objectives
and goals of the comprehensive plan, the zoning code, the subdivision code,
and other codes and ordinances of the city. 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 or other financial assurances may be required to insure compliance
with conditions, modifications and restrictions.
2. In regard to applications for rezones,
planned unit development applications which require a change in use and
special use combining districts, the hearing examiner's findings and
conclusions shall be submitted to the city council, which shall have the final
authority to act on such applications. The hearing by the hearing examiner
shall constitute t4e an open record pre -decision hearing before the final
decision is made by the city council.
SECTION Z Section 2.32.100 of the Kent City Code is hereby amended
as follows:
Sec. 2.32.100. Applications. Applications for all matters to be heard by the
hearing examiner shall be presented to the planning department. When it is found an
application meets the filing requirements of the planning department, it the application shall
be accepted. The planning department shall be responsible for assigning a date for the
public hearing for each application.
The date set for a public hearing shall not be more than one hundred 0 001 calendar das
after the applicant has complied with all requirements and furnished all necessary data €ef
to the planning department. Hearings on project permit applications are subject to the
notice and hearing requirements set forth in Ch. 12.01 KCC.
6 1724 Regulations
SECTION 3. Section 2.32.110 of the Kent City Code is hereby amended l
as follows:
Sec. 2.32.110. Report by planning department. For Process III and IV project
permit applications, tT-he planning department shall coordinate and assemble the comments
and recommendations of other city departments and governmental agencies having an
interest in the application and shall prepare a report that includes the information described
in 12.01.160(B)(3). For all other matters, the appropriate Cily department shall prepare a
report summarizing the factors involved and the plaoffing department findings and
supportive recommendations. At least seven (7) calendar days prior to the scheduled
hearing, the report shall be filed with the hearing examiner and copies shall be mailed to
the applicant and shall be made available for use by any interested party for the cost of
reproduction.
SECTION 4. Section 2.32.120 of the Kent City Code is hereby amended
as follows:
Sec. 2.32.120. Open record pl-ublic hearing.
A. Before rendering a decision or recommendation on any application, the hearing
examiner shall hold at least one (1) open record public hearing thereon.
B. For project permit applications, nNotice of the time and place of the public hearing)
shall be given as provided in subsection 12.01.140(H)(1). For all other
applications, notice of the time and place of the public hearing shall beivg en as
provided in the ordinance governing the application. If none is specifically set forth,'
such notice shall be given at least ten (10) working days prior to such hearing.
C. The hearing examiner shall have the power to prescribe rules and regulations for the
conduct of hearings under this chapter and also to administer oaths, and preserved
order.
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SECTION 5. Section 2.32.130 of the Kent City Code is hereby amended
as follows:
Sec. 2.32.130. Decision and recommendation.
A. When the hearing examiner renders a decision or recommendation, the hearing
examiner shall make and enter written findings from the record and conclusions
therefrom which support such decision. The decision shall be rendered within ten
(10) working days following conclusion of all testimony and hearings, unless a
longer period is mutually agreed to on the record in by the applicant and the
hearing examiner. The copy of such decision, including findings and conclusions,
shall be transmitted by first class mail, to the applicant and other parties of record
in the case requesting the same. There shall be kept in the planning department a
signed affidavit which shall attest that each mailing was sent in compliance with
this provision.
B. In the case of Process IV applications requiring city council approval, the hearing'
examiner shall file a decision with the city council at the expiration of the period
provided for a-rvhear4ng reconsideration, or if reconsideration is accepted, if is
within ten (10) working days f 119 wfig e ear -,4-1s Ar A --a! t0sti maay
.,ra Fe h@ar- ags an the ma#@r- after the decision on reconsideration.
SECTION 6. Section 2.32.140 of the Kent City Code is hereby amended
as follows:
Sec. 2.32.140. Reconsideration. A party of record
believinja that the a decision or recommendation of the hearing examiner is based on
erroneous procedures, errors of law or fact, offer- in jodgment; or the discovery of new
evidence which could not be reasonably available at the prior hearing, may make a written
request for reconsideration by the hearing examiner within f w4ee (4 ^' five (5) working
days of the date the decision or recommendation is rendered. This request shall set forth the
specific errors or new information relied upon by such appellant, and the hearing examiner
may, after review of the record, take further action as he or she deems proper. If a request
8 1724
for reconsideration is accepted, a decision is not final until after a decision on
reconsideration is issued.
SECTION 7. Section 11.03.020 of the Kent City Code is hereby amended
as follows:
Sec. 11.03.020. Purpose of this part and adoption by reference. This part
contains the basic requirements that apply to the SEPA process. The city adopts the
following sections and subsections of chapter 197-11 of the Washington Administrative j
Code (WAC) by reference:
197-11-040 Definitions.
197-11-050
Lead agency.
197-11-055
Timing of the SEPA process.
197-11-060
Content of environmental review.
197-11-070
Limitations on action during SEPA process.
197-11-080
Incomplete or unavailable information.
197-11-090
Supporting documents.
197-11-100
Information required of applicants.
197-11-158
GMA project review — reliance on existing plans, laws, and
regulations.
197-11-164
Planned actions — definition and criteria.
197-11-168
Ordinances or resolutions designating_planned actions —
procedures for adoption.
197-11-172
Planned actions — project review.
197-11-210
SEPA/GMA integration.
197-11-220
SEPA/GMA definitions.
197-11-228
Overall SEPA/GMA integration procedures.
197-11-230
Timing of an integration procedure for preliminary planning,
environmental analysis, and expanded scoping.
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197-11-232 SEPA/GMA integration procedures for preliminary
planning, environmental analysis and expanded scopines
197-11-235 Documents.
197-11-238 Monitoring,
SECTION 8. Section 11.03.050 of the Kent City Code is hereby
as follows:
Sec. 11.03.050. Timing:a fiteg ,.,ie ft o --* OHS• tThreshold
determinations. rt,o r^» .,,,;,, tifne 4R44s, e*pf:essed : a4en of days shall apply 48
4-7 EaMg;e4eal a*eMgP6eH6. The eity Shall iden4i€y w4ether- an aetions
A. If the City has made a determination of significance (DS) under Ch. 43.21C RCW
concurrently with the notice of implication, the notice of application shall be
combined with the DS and scoping notice._ Nothing in this section prevents a DS
and scoping notice from being issued prior to a notice of application
B.b- The responsible official shall, by administrative rule, adopt and make available to
the public written standards for determining when an application and supporting
documentation are complete. The standards adopted by the responsible official shall
be consistent with any rules adopted by the state Ddepartment of Eecology'
pertaining to the issuance of a threshold determination.
When the iospozxsiulv vxixviax=vrrciz�cnvr
10 1724
C.R)
(44 The eity_sliEmld
eefwult wA all ether ageneies wi
1997 Ch. 429. Tthe city shall, ' , not issue its threshold determination
to the requirements of Ch. 12.01 KCC. ,;+i,:.,�:„o+., (am days e f Fe
d
_&OF 44-0- E)f th@ th-RAIS-h-0--ld- W4irh request shall 148t be
e -
SECTION 9. Section 11.03.060 of the Kent City Code is hereby amended
as follows:
Sec. 11.03.060. Same --Submission of determination of nonsignificance, draft
environmental impact statement, final environmental impact statement.
A. For nonexempt proposals, the determination of nonsignificance or final
environmental impact statement for the proposal shall normally accompany the
city's staff recommendations to the planning commission or hearing examiner. The
draft environmental impact statement for a proposal may accompany the city's staff
recommendations when a hearing pursuant to WAC 197-11-535 is held.
B. For any nonexempt proposal, the applicant must submit a completed environmental
11 1724