HomeMy WebLinkAbout2083 RESOLUTION NO. 2083
A RESOLUTION of the City Council of the
City of Kent, Washington, affirming the City's
exemption from the permit refund penalties under
RCW 36.70B.080(1)(1)(ii) because the City's current
permit operations incorporate three of the ten
practices set forth in RCW 36.70B.160(1)(a)-(j).
RECITALS
A. The State of Washington enacted Second Substitute Senate Bill
5290 (2SSB 5290) during the 2023 legislative session to address affordable
housing by encouraging efficiency in local land use permit review
timeframes.
B. The City of Kent supports the goals of efficiency, timeliness,
and transparency in the review and inspection of permit applications.
Through continuous process improvements, investments in technology, and
new positions added to assist with the permitting process, the City has
worked to minimize delays and the resulting impacts on housing
affordability.
C. 2SSB 5290 includes several provisions designed to both assist
and hold local jurisdictions accountable for prompt and efficient review of
project permit applications. Among these measures are permit processing
deadlines and requirements that jurisdictions refund a portion of permit fees
as a penalty for exceeding these deadlines. However, 2SSB 5290 exempts
from refund penalties those jurisdictions who have implemented at least
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three project review and code provisions that support prompt, coordinated,
and objective review of permit applications, as provided for in RCW
36.70B.160(1)(a) - (j).
D. As part of its permit review and inspection operation, the City
previously implemented the following three provisions, which exempt the
City from the refund penalties of RCW 36.70B.080(1)(1)(i):
1. Annual adoption of permit fees, paid by applicants to
cover the City's cost to process, review and inspect
permit applications and plans (RCW 36.70B.160(1)(b));
2. Optional pre-application meetings as described in Kent
City Code section 12.01.080 (RCW 36.70B.160(1)(g));
And
3. Acceptance of certifications from licensed professional
wetland scientists and geo-technical engineers of
stream, wetland, and sensitive slope boundaries, buffers,
and mitigation plans by, as administered by the
Economic and Community Development Department
(RCW 36.70B.160(1)(i)).
E. The purpose of this resolution is to memorialize and inform the
public of the express code provisions and practice in place at the City that
exempt its permit processing from the refund penalty provisions provided
for by RCW 36.70B.080(1)(1)(i).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. - Recitals Incorporated. The above Recitals are
incorporated into this Resolution and constitute findings of the Kent City
Council.
SECTION 2. - Exempt from Refund Penalties. By its adoption of this
resolution, the Kent City Council affirms that the City currently has in place
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three of the ten practices set forth in RCW 36.70B.160(1)(a)-(j) that assist
in providing prompt and coordinated review of permit applications, in
accordance with RCW 36.70B.080(1)(1)(ii), which exempt the City from the
refund penalties set forth in RCW 36.70B.080(1)(1)(i).
SECTION 3. - Severability. If any one or more section, subsection,
or sentence of this resolution is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this resolution
and the same shall remain in full force and effect.
SECTION 4. - Ratification. Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified and affirmed.
SECTION 5. - Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
'--DDu� -V n h November 5, 2024
DANA RALPH, M Date Approved
ATTEST:
November 5, 2024
KIMBERLEY . OMOTO, CITY LERK Date Adopted
APPRO ND AS TO FORM:
l
TA M ITE, CITY ATTORNEY
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