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)