HomeMy WebLinkAboutOrd 1847 - Administrative Appeal of Type 1 DecisionsCover page to Ordinance 1847
The full text of the ordinance follows this cover page.
Ordinance 1847was amended or repealedby the following ordinances.
AMENDEDREPEALED
Section(s) AmendedAmended by Ord#Section(s) RepealedRepealed by Ord#
2005, 2066,
23, 42741
2097,2098
42120
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1906
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Washington
Ordinance No. !7` 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE 1796, SECTION 3;
AMENDING ORDINANCE 1768, SECTIONS 3 AND 5; CREATING
TUKWILA MUNICIPAL CODE SECTION 9.48.090, AND CREATING
TUKWILA MUNICIPAL CODE SECTION 14.36.040 TO PROVIDE FOR
AN ADMINISTRATIVE APPEAL OF TYPE 1 DECISIONS; REQUIRING A
PUBLIC HEARING WITHIN 60 DAYS PURSUANT TO RCW 36.70A.390;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, RCW 82.02.070 requires that cities must provide for an administrative appeal of administrative
decisions made by cities relating to impact fees; and
WHEREAS, the City desires to amend its ordinances and to add provisions to provide for such an administrative
appeal; and
WHEREAS, there are potential impact fee appeals pending requiring the City Council to act quickly to ensure
that the administrative appeal process is available to appealing parties; and
WHEREAS, the environmental review will be supplemented to incorporate these amendments to be approved
by the SEPA responsible official; and
WHEREAS, the City may amend its development regulations on an interim basis pursuant to RCW
36.70A.390, so long as there is a public hearing regarding the same held within 60 days of the adoption of the
amendments;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Findings. The "Whereas" provisions set forth above are by this reference incorporated herein as if
fully set forth as the City Council's findings.
Section 2. Amending TMC 18.104.010(B), Classification of project permit application. Section 3 of
Ordinance No. 1796, codified at Tukwila Municipal Code Section 18.104.010(B) and entitled "Classification of project
permit applications," is hereby amended to read as follows:
B. Type 1 decisions are made by City administrators who have technical expertise as designated by ordinance.
Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the
information presented to the City administrator who made the decision. Public notice is not required for Type 1
decisions or for the appeals of those decisions.
Section 3. Amending TMC 18.108.010(B), Type 1 decision process. Section 3 of Ordinance No. 1768,
codified at Tukwila Municipal Code Section 18.108.010(B) and entitled "Type 1 decision process," is hereby amended
to read as follows:
B. Type 1 decisions shall be final unless an appeal is filed with the City department pursuant to TMC 18.116.
Section 4. Amending TMC 18.116.010(A), Time for filing appeal. Section 5 of Ordinance 1768, codified
at Tukwila Municipal Code Section 18.116.010(A) and entitled "Time for filing appeal," is hereby amended to read as
follows:
A. Except for shoreline, permits which are appealable to the state Shorelines Hearings Board, all notice of
appeal of Type 2 land use decisions and Type 4 decisions made by the Board of Architectural Review or Planning
Commission shall be filed within 14 calendar days from the date of issuance of the Notice of Decision; provided that
the appeal period shall be extended for an additional seven calendar days if the project involves any one or more of the
following situations:
APPEAL. DOC 816198 1
1. There is another agency with jurisdiction as defined in WAC 197 -11- 714(3).
2. The project involves the demolition of any structure or facility that is not categorically exempt under
WAC 197- 11- 800(2)(f) or 197 -11 -880.
3. The project involves a clearing or grading permit not categorically exempt under WAC 197 -11 -800
through 197 -11 -880.
4. A Mitigated Determination of Nonsignificance was issued for the project pursuant to WAC 197 -11-
350.
5. A Declaration of Significance for the project has been withdrawn pursuant to WAC 197 -11- 360(4)
and replaced by a Declaration of Nonsignificance.
B. Any appeal from a code interpretation issued by the Director shall be filed within 14 days of the date of
issuance of a final code interpretation by the Director.
C. All notices of appeal of Type 1 decisions issued by City administrators shall be filed within 14 days of the
date of the issuance of a final decision of the City administrator.
D. Except as specifically provided in this chapter, no administrative appeals are permitted or required for Type
1, 2, 3, 4, or 5 land use decisions.
Section 5. Creating TMC Section 9.48.090. Tukwila Municipal Code Section 9.48.090 is hereby created to
read as follows:
9.48.090 Appeals.
Any party seeking to appeal an impact fee or mitigation requirement imposed by a City administrator under this
chapter may file an appeal of Type 1 decision as provided in TMC 18.104.010(B) and TMC 18.108.010(B).
Section 6. Creating TMC Section 14.36.040. Tukwila Municipal Code Section 14.36.040 is hereby created
to read as follows:
14.36.040 Appeals.
Any party seeking to appeal a mitigation requirement imposed by a City administrator under this chapter may file
an appeal of a Type 1 decision as provided in TMC 18.104.010(B) and TMC 18.108.010(B).
Section 7. Public Hearing to be Held. A public hearing on this "interim control measure," as defined in
RCW 36.70A, shall be held no later than sixty (60) days after the date of adoption herein.
Section 8. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance
or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court
of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 9. Effective Date. This ordinance or a summary thereof shall be published in the official
newspaper of the City, and shall take effect and be in full force and effect five (5) days after passage and publication
as provided by law.
PASSED BY TCITY COUNCF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting
thereof this /a day of ji.� 1998.
John W. Rants, Mayor
l
ATTEST /AUTHENTICAT D:
e E. Cantu, City Clerk
APPRO\ D AS TO FORM:
APPEAL.DOC 8/6/98
By
Office of the City Attorney
FILED WITH THE CITY CLERK: S
PASSED BY THE ITY CO .NCIL: g-70 9 g' i
PUBLISHED: fl 7�� 1l
EFFECTIVE D E: "Pi 7
ORDINANCE NO.: /g
)7417)
2
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. IS V 7
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, AMENDING
ORDINANCE 1796, SECTION 3; AMENDING
ORDINANCE 1768, SECTIONS 3 AND 5; CREATING
TUKWILA MUNICIPAL CODE SECTION 9.48.090, AND
CREATING TUKWILA MUNICIPAL CODE SECTION
14.36.040 TO PROVIDE FOR AN ADMINISTRATIVE
APPEAL OF TYPE 1 DECISIONS; REQUIRING A
PUBLIC HEARING WITHIN 60 DAYS PURSUANT TO
RCW 36.70A.390; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
On /O the City Council of the City of Tukwila passed
Ordinance No. /W7 amending Ordinance Nos. 1796 and 1768 and creating new
Tukwila Municipal Code sections to provide for an administrative appeal of Type 1
decisions; requiring a public hearing within 60 days; providing for severability and
establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone who
submits a written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of
Published Seattle Times: l /Agtee--
g.
an E. Cantu, City Clerk
s-f /o