HomeMy WebLinkAboutOrd 1768 - Land Use Permit Processing RequirementsCover page to Ordinance1768
The full text of the ordinance follows this cover page.
Ordinance1768was amended or repealedby the following ordinances.
AMENDEDREPEALED
Section(s) AmendedAmended by Ord#Section(s) RepealedRepealed by Ord#
(part)2119
1796, 1857
1 (part), 2 (part), 3 (part),
22741
1834
4 (part), 5 (part)
1991, 2005, 2066,
2 (part)
2097, 2098, 2120,
2135, 2251, 2368
3, 5
1847
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Washington
Ordinance No. 171,
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, IMPLEMENTING THE PERMIT
PROCESSING REQUIREMENTS OF RCW CH. 36.70B,
AMENDING CHAPTER 18.06 OF THE TUKWILA
MUNICIPAL CODE, ADDING NEW CHAPTERS TO
TITLE 18 OF THE TUKWILA MUNICIPAL CODE,
PROVIDING FOR STANDARDIZED PROCEDURES
FOR THE SUBMITTAL, REVIEW AND ISSUANCE OF
LAND USE PERMITS, AND PROVIDING
PROCEDURES FOR APPEALS
WHEREAS, RCW ch. 36.70B requires that the City adopt certain procedures for
processing land use permits; and
WHEREAS, the City Council seeks to promote the prompt processing of land use
permits after ample opportunity for public review and comment,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ORDAINS AS FOLLOWS:
CHAPTER 1 PURPOSE AND DEFINITIONS 3
Section 101 Statement of Purpose 3
Section 18.06.045 Applicant 3
Section 18.06.152 Closed Record Appeal 3
Section 18.06.202 Department 3
Section 18.06.592 Open Record Appeal 3
Section 18.06.594 Open Record Hearing 4
Section 18.06.657 Public Meeting 4
CHAPTER 2 PERMIT APPLICATION PROCEDURES 4
Section 18.104.010 Classification of Project Permit Applications 4
Section 18.104.020 Consolidation of SEPA Procedures and Appeals 6
Section 18.104.030 Consolidation of permit applications 6
Section 18.104.040 Relationship to SEPA 7
Section 18.104.050 Pre application Conferences 7
Section 18.104.060 Application Requirements 7
Section 18.104.070 Notice of Complete Application to Applicant 9
Section 18.104.080 Notice of Application Contents 10
Section 18.104.090 Notice of Application Procedure 11
Section 18.104.100 Party of Record 12
Section 18.104.110 Posted Notice 12
Section 18.104.120 Mailed notice 13
Section 18.104.130 Time Periods for Permit Issuance 13
Section 18.104.140 Applications Modifications to proposal 14
Section 18.104.150 Vesting 14
Section 18.104.160 Hearing Scheduling Notice of Hearing 15
Section 18.104.170 Notice of Decision 15
Section 18.104.180 Referral to Other City Departments 15
Section 18.104.190 Date of Mailing 16
CHAPTER 3 CLASSIFICATION OF PERMITS AND APPROVALS 16
Section 18.108.010 Type 1 Decision Process 16
Section 18.108.020 Type 2 Initial Decision by the Director or Short Plat Committee 16
Section 18.108.030 Type 3 Decision Process 17
Section 18.108.040 Type 4 Decision Process 17
Section 18.108.050 Type 5 Decision Process 17
Section 18.108.060 Legislative Decisions 18
CHAPTER 4 PUBLIC HEARING PROCESSES 18
Section 18.112.010 Rules Applicable to Public Hearings and Appeals 18
Section 18.112.020 Report by department, Notice of Hearing 18
Section 18.112.030 Hearing Scheduling 19
Section 18.112.040 Hearing Process Limitations on Testimony 19
Section 18.112.050 Scope of Decisions 19
Section 18.112.060 Combined Public Hearing Processes Other Agencies 19
CHAPTER 5 APPEAL PROCESSES 20
Section 18.116.010 Time for Filing Appeal 20
Section 18.116.020 Dismissal of Untimely Appeals 20
Section 18.116.030 Notice of Appeal Contents 20
CHAPTER 6 MISCELLANEOUS 21
Section 601 Severability 21
Section 602 Effective Date 21
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CHAPTER 1 PURPOSE AND DEFINITIONS
Section 101 Statement of Purpose
The purpose of this Ordinance is to establish standard procedures for land use permit
applications, public notice, hearings and appeals in the City of Tukwila. These procedures are
designed to promote timely and informed public participation in land use decisions; eliminate
redundancy in the application, permit review, hearing and appeal processes; provide for
uniformity in public notice procedures; minimize delay and expense; and result in development
approvals that implement the policies of the Comprehensive Plan. These procedures also
provide for an integrated and consolidated land use permit and environmental review process
consistent with and are adopted pursuant to chapter 347, laws of 1995.
Section 18.06.045 Applicant
TMC 18.06.045 and Ordinance 17568, §1(part) are amended as follows:
"Applicant" means a property owner or a public agency or public or private utility which owns
a right -of -way or other easement or has been adjudicated the right to an easement pursuant to
RCW 8.12.090, or anv person or entity designated in writing by the property or easement owner
to be the applicant for a project permit, and who requests approval for a project permit. any
person or business entity which applies for a development proposal, permit or approval.
Section 18.06.152 Closed Record Appeal
A new section TMC 18.06.152 is added to TMC ch. 18.06 as follows:
"Closed Record Appeal" means a quasi-judicial appeal to a hearing body designated by this
chapter from a decision regarding a project permit application that was made after an open record
hearing. Testimony and submission of relevant evidence and information shall not be permitted
at a hearing on such an appeal. The hearing on such an appeal shall be limited to argument based
on the testimony, evidence and documents submitted at the open record heanng conducted on the
project permit application.
Section 18.06.202 Department
A new section TMC 18.06.202 is added to TMC ch. 18.06 as follows:
"Department" means the Department of Community Development.
Section 18.06.592 Open Record Appeal
A new section TMC 18.06.592 is added to TMC ch. 18.06 as follows:
"Open Record Appeal" means a quasi-judicial appeal to a hearing body designated by this
chapter from a decision regarding a project permit application that was made without an open
record hearing. Testimony and submission of relevant evidence and information shall be
permitted at the hearing on such an appeal.
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Section 18.06.594 Open Record Hearing
A new section TMC 18.06.594 is added to TMC ch. 18.06 as follows:
"Open Record Hearing" means a quasi-judicial hearing conducted by a hearing body which
creates the official record regarding a permit application. Oral testimony and submission of
relevant evidence and documents shall be permitted at such a hearing.
Section 18.06.657 Public Meeting
A new section TMC 18.06.657 is added to TMC ch. 18.06 as follows:
"Public Meeting" means an informal meeting or workshop to provide public information
regarding a project permit application and to obtain comments about the application from the
public. The information gathered at such a meeting does not constitute part of the official record
regarding a project permit application.
CHAPTER 2 PERMIT APPLICATION TYPES AND PROCEDURES
A new chapter 18.104 is added to TMC Title 18 as follows:
Section 18.104.010 Classification of Project Permit Applications
A. Project permit decisions are classified into five types, based on the amount of
discretion associated with each decision, as set forth in this section. Procedures for the five
different types are distinguished according to who makes the decision, whether public notice is
required, whether a public meeting and/or a public hearing is required before a decision is made
and whether administrative appeals are provided.
B. Type 1 decisions are made by City administrators who have technical expertise as
designated by ordinance. Type 1 decisions are administrative decisions not subject to
administrative appeal. The only appeal for Type 1 decisions is to Superior Court. Public notice
is not required for Type 1 decisions.
Type 1 Decisions:
TYPE OF PERMIT:
Building Permit
Utility Permit
Sign Permit, except for those sign
permits specifically requiring approval
of the Planning Commission or denials of
sign permits which are appealable
Land Alteration
Boundary Line Adjustment, including
Lot Consolidation
Minor Modification to PRD (TMC
18.46.130)
Minor modification to BAR approved
design (TMC 18.60.030)
Any land use permit or approval issued
by the City, unless specifically
categorized as a Type 2, 3, 4, or 5
decision by this Chapter
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1 DECISION MAKER:
1 Building Official
1 Public Works Director
Community Development Director
1 Public Works Director
Community Development Director
Community Development Director
Community Development Director
As specified by Ordinance
C. Type 2 decisions are decisions which are initially made by the Director or, in
certain cases, other City administrators or committees, but which are subject to an open record
appeal to the Board of Adjustment, Planning Commission, City Council, or, in the case of
shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW ch. 90.58.
TYPE OF PERMIT INITIAL DECISION APPEAL BODY
MAKER (open record appeal)
Administrative Planned Short Plat Committee Board of Adjustment
Residential Development (TMC
17.08.040)
Short Plat (TMC 17.08.060) 1 Short Plat Committee Board of Adjustment
Binding Site Improvement Plan Short Plat Committee Board of Adjustment
(TMC 17.16.090)
Shoreline Substantial Community Development State Shoreline
Development Permit (TMC ch. Director Hearings Board
18.44)
Decision regarding Sensitive Community Development Planning
Areas (except Reasonable Use Director Commission
Exception) (TMC 18.45.125)
Special Permission Parking, and Community Development City Council
Modifications to Certain Parking Director
Standards (TMC 18.56.060 and
.070)
Parking standard for use not Community Development City Council
specified (TMC 18.56.100) Director
Code Interpretation (TMC Community Development Board of Adjustment
18.90.010) Director
Special Permission Sign, except Community Development Planning
"unique sign" (various sections of Director Commission
TMC Title. 19)
Sign Permit Denial (TMC Community Development Planning
19.12.040) Director Commission
Sign Area Increase (TMC Community Development Planning
19.32.140) Director Commission
D. Type 3 decisions are quasi-judicial decisions made by the Board of Adjustment
following an open record hearing. Type 3 decisions may be appealed only to Superior Court,
except for shoreline variances which may be appealed to the State Shoreline Hearings Board
pursuant to RCW 90.58.
TYPE OF PERMIT 1 DECISION MAKER
Variance (zoning, shoreline, sidewalk, land Board of Adjustment
alteration)
Resolve uncertain zone district boundary 1 Board of Adjustment
E. Type 4 decisions are quasi-judicial decisions made by the Board of Architectural Review
or the Planning Commission, following an open record hearing. Type 4 decisions may be
appealed to the City Council, which will hold a closed record appeal hearing based on the record
established by the Board of Architectural Review or Planning Commission, except Shoreline
Conditional Use Permits, which are appealable to the State Shoreline Hearings Board pursuant to
RCW ch. 90.58.
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TYPE OF PERMIT
Shoreline Conditional Use Permit
(TMC 18.44.050)
Reasonable Use Exceptions under
Sensitive Areas Ordinance
(TMC 18.45.115)
Design Review
(TMC ch. 18.60, 18.56.040 and
Shoreline Master Program)
Modifications to Certain Parking
Standards (TMC ch. 18.56.)
Conditional Use Permit
(TMC 18.64)
Landscaping for Changes to
Nonconforming Uses
(TMC 18.70.090)
Unique Signs (TMC 19.28.010)
TYPE OF PERMIT
Subdivision Preliminary Plat
(TMC 17.12.030)
Subdivision Final Plat
(TMC 17.12.040)
Planned Residential Development
(PRD), including Major Modifications
(TMC ch. 18.46)
Unclassified Use (TMC ch. 18.66)
Rezone (TMC ch. 18.84)
Shoreline Environment Redesignation
(Shoreline Master Program)
INITIAL DECISION
MAKER
Planning Commission
Planning Commission
Board of Architectural
Review
Planning Commission
Planning Commission
Board of Architectural
Review
1 Planning Commission
F. Type 5 decisions are quasi-judicial decisions made by the City Council following an
open record hearing. Type 5 decisions may be appealed only to Superior Court.
1 DECISION MAKER
City Council
City Council
City Council
1 City Council
1 City Council
City Council
Section 18.104.020 Consolidation of SEPA Procedures and Appeals
Except as provided in TMC 21.04.280, no administrative appeals of procedural and substantive
SEPA decisions shall be permitted. In any case in which an administrative appeal of a procedural
or substantive SEPA decision is made, the hearing on such appeal shall be consolidated with the
hearing on the merits of the underlying permit(s).
Section 18.104.030 Consolidation of permit applications
A. Applicants shall have the right to request that all permit applications related to a
single project be processed as a consolidated permit application.
B. All permits included in consohdated permit applications that would require more
than one Type of land use decision process, shall be processed together, including any
administrative appeals, using the highest numbered land use decision Type applicable to the
project application; except that decisions on Type 1 applications shall still be made by the
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APPEAL BODY
(closed record appeal)
State Shorelines
Hearings Board
City Council
City Council
City Council
City Council
City Council
City Council
responsible administrative agency or officer and shall not be subject to administrative review or
appeal.
Section 18.104.040 Relationship to SEPA
Land use permits that are categorically exempt from review under the State Environmental Policy
Act "SEPA will not require a threshold determination. For all other projects, the SEPA review
procedures codified in TMC ch. 21.04 are supplemental to the procedures set forth in this
chapter.
Section 18.104.050 Pre application Conferences
Prior to filing a permit application requiring a Type 1, 2, 3, 4 or 5 decision, the applicant may
contact the Depaitalent to schedule a pre application conference. The purpose of the pre
application conference is to review and discuss the application requirements with the applicant
and provide comments on the development proposal. The pre application conference shall be
scheduled by the Department at the request of an applicant, and shall be held in a timely manner.
Section 18.104.060 Application Requirements
In order to comply with the requirements of RCW 36.70B.080 (which requires that the City
specify the contents of a complete application for a land use permit), RCW 36.70B.070 (which
requires the City to determine whether applications are complete within 28 days of submission)
and RCW 36.70B.090 (which requires the City to make a decision on a permit application within
120 days of determining the application is complete), the following standards for permit
applications are established:
A. Applications shall be made by the property owner, lessee, contract purchaser,
governmental agency, or by an authorized agent thereof. The Department shall not commence
review of any application set forth in this chapter until the applicant has submitted the materials
and fees specified for complete applications. Applications shall be considered complete as of the
date of submittal upon determination by the Department that the materials submitted meet the
requirements of this Section. Except as provided in Subsections B and D of this Section, all land
use permit applications shall include the following in quantities sp ecified by the Department:
1. An application form provided by the Department and completed by the
applicant. The applicant shall be allowed to file a consolidated application for all land use
project permits requested by the applicant for the development proposal at the time the
application is filed.
2. If the water utility serving the site is an entity other than the City, a
current Certificate of Water Availability from the water utility purveyor serving the site pursuant
to TMC 14.36.010.
3. Site percolation data approved by the Seattle -King County Depaitinent of
Environmental Health pursuant to TMC 14.36.020 if the site is proposed for development using
a septic system, or a Certificate of Sewer Availability from the sewer utility purveyor serving the
site if the sewer utility serving the site is an entity other than the City.
4. A site plan, prepared in a form prescribed by the Director.
5. Proof that the lot or lots are recognized as separate lots pursuant to the
provisions of TMC Title 17 and RCW ch. 58.17.
6. Any sensitive areas studies required by TMC ch. 18.45.
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7. A completed environmental checklist, if required by TMC ch. 21.04.
8. A list of any existing environmental documents known to the applicant or
the City that evaluate any aspect of the proposed project.
9. A list of any permits or decisions applicable to the development proposal
that have been obtained prior to filing the application or that are pending before the City or any
other governmental entity.
10. A storm water design which meets the requirements set forth in the
Surface Water Design Manual adopted pursuant to TMC 16.54.060(D).
11. For land use permits requiring a Type 3, 4 or 5 decision: current
Assessor's maps and a list of tax parcels to which public notice must be given; a set of mailing
labels addressed to the owners thereof; and a set of mailing address labels addressed to the
occupants thereof, including tenants in multiple occupancy structures, to the extent the owner's
addresses are not the same as the street addresses of the properties to which notice is required.
12. Legal description of the site.
13. A soils engineering report for the site.
14. Traffic study or studies, if required pursuant to TMC 9.48.070.
15. A landscaping plan, if required by TMC ch. 18.52.
16. A tree- clearing plan, if required by TMC ch. 18.54.
17. A parking plan, if required by TMC ch. 18.56.
18. Design review plans and related documents, if required by TMC 18.60 or
the Shoreline Master Program.
19. Verification of applicable contractor's registration number, if required by
RCW 18.27.110.
B. The Director may waive any of the specific submittal requirements listed in this
section that are determined to be unnecessary for review of an application.
C. A permit application is complete for purposes of this section when it meets the
procedural submission requirements of the Department and is sufficient for continued processing
even though additional information may be required or project modifications may be
subsequently undertaken. The determination of completeness shall not preclude the Department
from requesting additional information or studies either at the time of notice of completeness or
subsequently if new or additional information is required or substantial changes in the proposed
action occur, as determined by the Depai l
D. There are additional application requirements for the following land use permits,
which must be provided in addition to the matenals identified in this Section in order for an
application to be deemed complete:
1. Land altering permit, see TMC 16.54.100, .110 and .230.
2. Construction permits, see TMC Title 16, building and construction codes.
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12. Shoreline substantial development permits, shoreline conditional use
permits and shoreline variances, see TMC ch. 18.44, RCW chapter 90.58 and the applicable
Shoreline Master Program.
E. The applicant shall attest by written oath to the accuracy of all information
submitted for an application. The Department shall have the authority to require the applicant
to submit a title report or other proof of ownership of the property or other proof of the
applicant's authority to submit an application regarding the property.
any.
3. Water system connections, see TMC 14.04.030.
4. Sanitary sewer connection, see TMC 14.12.070.
5. Flood control zone permit, see TMC 16.52.070.
6. Short subdivisions, see TMC 17.08.040.
7. Preliminary subdivisions, see TMC 17.12.030.
8. Final subdivisions, see TMC 17.12.040.
9. Binding site improvement plans, see TMC 17.16.030.
10. Planned residential developments, see TMC 18.46.110.
11. Sign permits, see TMC 19.12.020 and .030.
F. Applications shall be accompanied by the payment of applicable filing fees, if
Section 18.104.070 Notice of Complete Application to Applicant
A. Within twenty -eight (28) days following receipt of a permit application, the
Department shall mail or provide in person written notice to the applicant that the application is
either complete or incomplete. If the application is incomplete, the notice shall state with
specificity what is necessary to make the application complete. To the extent known by the
Department, the notice shall identify other agencies of local, state, regional or federal
governments that may have jurisdiction over some aspect of the development proposal.
B. An application shall be deemed complete under this section if the Department
does not provide written notice to the applicant that the application is incomplete within the 28
day period as provided herein.
C. If the application is incomplete and the applicant submits the additional
information requested by the Department, the Department shall mail or provide in person
written notice to the applicant, within fourteen (14) days following the receipt of the additional
information, whether the application is complete or what further information, specified by the
Department as provided in Subsection A, is necessary to make the application complete. An
application shall be deemed complete if the Department fails to provide written notice to the
applicant within such 14 day period that the application is incomplete.
D. An application shall be conclusively deemed to be complete on the Department's
issuance of a notice of complete application as provided in Subsections A or C hereof, or the
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expiration of the time periods for issuance of such a notice as provided in Subsections B or C
hereof
E. The Department shall cancel an incomplete application if the applicant fails to
submit the additional information required by Subsection A or C within ninety (90) days
following notification from the Department that the application is incomplete. The Department
may extend this cancellation date up to 120 additional days if the applicant submits a written
request for an extension prior to cancellation. The request must clearly demonstrate that the
delay is due to circumstances beyond the applicant's control (such as the need for seasonal
wetland data) or unusual circumstances not typically faced by other applicants, and that a good
faith effort has been made to provide the requested materials.
F. The fact that an application is deemed complete pursuant to this section shall not,
under any circumstances, prevent the City from subsequently requesting additional
information or studies regarding any aspect of a proposed project which is deemed
necessary to a complete review of the proposed project.
Section 18.104.080 Notice of Application Contents
A. A Notice of Application shall be provided to the public and departments and
agencies with jurisdiction for all land use permit applications requiring Type 2, 3, 4 or 5 decisions
and for all Type 1 decisions which require SEPA review, except that a Notice of Application is
not required in the case of a Code Interpretation pursuant to TMC 18.96.010 or a Sign Permit
Denial pursuant to TMC 19.12.040.
B. A Notice of Application shall be issued by the Department within fourteen (14)
days following the Department's determination that the application is complete.
C. If the Responsible Official has made a Determination of Significance (DS) under
Chapter 43.21 RCW prior to the issuance of the Notice of Application, notice of the
determination shall be combined with the Notice of Application. If a determination of
significance (DS) has been made prior to the issuance of the Notice of Application, the Notice of
Application shall also include the scoping notice required by WAC 197 -11 -360.
the applicant.
D. All required Notices of Application shall contain the following information:
1. The file number.
2. The name of the applicant and the owner of the property, if different than
3. A description of the project, the location, a list of the permits included in
the application and the location where the application and any environmental documents or
studies can be reviewed.
4. A site plan on 8 1/2 x 11 inch paper, if applicable.
5. A statement establishing a public comment period, which shall be fourteen
(14) days for Type 1, 2, 3 and 4 decisions and twenty -one (21) days for Type 5 decisions
following the date of the Notice of Application, provided that a public comment period is not
required in the case of a Code Interpretation pursuant to TMC 18.96.010 or a Sign Permit Denial
pursuant to TMC 19.12.040, and further provided that the comment period for projects requiring
a Shoreline Substantial Development permit shall be either 20 or 30 days, as specified in RCW
90.58.140.
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6. The procedures and deadline for filing comments, requesting notice of any
required hearings, and any appeal rights. Any person may comment in writing on the application
during the public comment period, and may participate by submitting either written or oral
testimony, or both, at any hearings, and may request a copy of the decision once made. The
Notice shall specify any appeal procedures that apply to the permit application.
7. For Type 5 decisions, the date, time and place of the public meeting
required by TMC 18.108.120 and an explanation of the purpose of and procedure to be followed
at such meeting.
time of notice.
8. The date, time place and type of hearing, if applicable and scheduled at the
9. The identification of other permits not included in the application to the
extent known by the Department.
10. A statement of the preliminary determination, if one has been made, of
those development regulations that will be used for project mitigation and for determinmg
consistency with applicable City requirements.
E. Additional information is required by RCW ch. 90.58 for Notices of Application
for projects which require a Shoreline Substantial Development permit.
F. Except for a determination of significance, the Department shall not issue a
threshold determination pursuant to RCW ch. 43.21C, and the Department shall not issue a
decision or a recommendation on the application until the expiration of the public comment
period on the Notice of Application.
Section 18.104.090 Notice of Application Procedure
Notice of Application shall be provided as follows:
A. For all Type 2, 3, 4 and 5 decisions, and Type 1 decisions which require SEPA
review, the Notice of Application shall be mailed by first class mail to the applicant and to
departments and agencies with jurisdiction, except that a Notice of Application is not required in
the case of a Code Interpretation pursuant to TMC 18.96.010 or a Sign Permit Denial pursuant
to TMC 19.12.040.
B. For Type 1 decisions and Type 2 decisions which require SEPA review, the
Notice of Application shall be provided by posting pursuant to TMC 18.104.110, provided that
the Notice of Application for a Type 1 decision involving a single family residence need not be
posted but shall be published one time in a newspaper of general circulation in the City.
C. For Type 3, 4 and 5 applications, the Notice of Application shall be posted
pursuant to TMC 18.104.110 and mailed pursuant to TMC 18.104.120.
D. For applications which require any Shoreline permit, additional notice shall be
provided as required by RCW ch. 90.58.
E. For preliminary plats, additional published notice shall be provided as required by
RCW 58.17.090(a).
F. The Director shall have the discretion in unusual circumstances (i.e., lengthy
utility corridor or right -of -way construction projects) where posting and mailed notice would be
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impractical, to require the notice of application to be published in a newspaper of general
circulation in the area where the proposal is located, in lieu of posting and mailed notice.
Section 18.104.100 Party of Record
Any person who (1) submits comments, in writing, on an application during the public comment
period, (2) requests, in writing, copies of notice of any public hearing on an application (3)
requests, in writing, copies of any decision on the application, (4) testifies on an application at a
public hearing, or (5) who otherwise indicates, in writing, a desire to be informed of the status of
the application, shall be a party of record. The applicant shall always be considered a party of
record.
Section 18.104.110 Posted Notice
A. Posted notice for a proposal shall consist of one or more notice boards prepared
and posted by the applicant within 14 days following the Department's determination of
completeness as follows:
1. A single notice board shall be posted for a project. This notice board shall
also be used for the posting of the Notice of Decision and any Notice of Hearing, and shall be
placed by the applicant as follows:
a. The notice board shall be located at the midpoint of the site street
frontage or as otherwise directed by the Department for maximum visibility.
b. The notice board shall be five feet inside the street property line
except when the board is structurally attached to an existing building, provided that no notice
board shall be placed more than five feet from the street property without approval of the
Department.
c. Notice boards shall be at least four feet by four feet in size and
shall be designed, constructed and installed in accordance with specifications promulgated by the
Department.
above grade.
pedestrians.
d. The top of the notice board shall be between seven to nine feet
e. The notice board shall be placed so that it is completely visible to
2. Additional notice boards may be required by the Department when:
a. The site does not abut a public road;
b. A large site abuts more than one public road; or
c. The Department determines that additional notice boards are
necessary to provide adequate public notice.
3. Notice boards shall be maintained in good condition by the applicant
during the notice period as follows:
a. For Type 3, 4 or 5 decisions, from 14 days after the determination
of completeness until the date of the public hearing on the application.
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b. For Type 2 decisions requiring posted notice of application, from
14 days after the determination of completeness until the later of (i) 14 days after the issuance of
a decision by the Director or other administrative authority, or (ii) the date of any administrative
appeal hearing on the application.
c. For a Type 1 decision requiring posted notice of application, from
14 days after the determination of completeness until the expiration of the public comment
period.
d. For any project requiring a Shoreline Substantial Development
permit, the notice board shall be posted for a minimum of 30 days.
4. The Depaitment shall have the discretion to determine that removal of the
notice board prior to the end of the notice period, or failure to maintain it in good condition, is
cause for discontinuance of review of the application until the notice board is replaced and
remains in place for a specified time period.
5. An affidavit of posting shall be submitted to the Department by the
applicant within 14 days following the Department's determination of completeness to allow
continued processing of the application by the Department.
Section 18.104.120 Mailed notice
A. Mailed notice shall be issued by first class mail by the Depaitment within 14 days
following the Department's determination of completeness as follows:
1. To owners of record of property within 500 feet of the site, and to the
occupants thereof to the extent the street addresses of such properties are different than the
mailing addresses of the owners.
2. To any agency or tribe which the Department may identify as having an
interest in the proposal.
3. To any other party of record.
B. Mailed notice shall be considered supplementary to posted notice and be deemed
satisfactory despite the failure of one or more persons to receive mailed notice.
Section 18.104.130 Time Periods for Permit Issuance
A. Final decisions by the City on all permits shall be issued within 120 days from the
date the applicant is notified by the Depai tinent that the application is complete. The following
periods shall be excluded from this 120 -day period:
1. Any period of time during which the applicant has been requested by any
City department, agency or hearing body with jurisdiction over some aspect of the application to
correct plans, perform required studies, or provide additional information. The period shall be
calculated from the date the applicant is notified of the need for additional information until the
earlier of (a) the date the department, agency or hearing body determines whether the additional
information satisfies the request, or (b) fourteen days after the date the information has been
provided to the depaitinent, agency or hearing body. If the department, agency or hearing body
determines that the action by the applicant is insufficient, it shall notify the applicant of the
deficiencies and the procedures of this section shall apply as if a new request for information had
been made.
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2. The period of time during which an environmental impact statement is
being prepared following a determination of significance pursuant to Chapter 43.21C RCW.
3. A period of no more than ninety days for an open record appeal hearing on
a Type 2 land use decision, and no more than sixty days for a closed record appeal on a Type 4
land use decision appealable to the City Council.
4. Any additional time period for administrative review agreed upon by the
Depai tment and the applicant.
5. Any additional time period agreed upon by the Department, the applicant
and any parties to an appeal.
6. Any period of time during which an applicant fails to post the property, if
permit processing is suspended by the Department pursuant to TMC 18.104.110.
B. The time limits established in this section shall not apply if a project permit
application requires an amendment to the comprehensive plan or a development regulation.
C. The time limitations established in this section shall not apply to street vacations
or other approvals related to the use of public areas or facilities issued pursuant to TMC Title
11.
D. If a final decision cannot be issued within the time limits established by this section,
the Department shall provide written notice of this fact to the project applicant. The notice shall
include a statement of reasons why the time limits have not been met and an estimated date for
issuance of the notice of final decision.
Section 18.104.140 Applications Modifications to proposal
A modification to project plans occurring before issuance of the permit shall be deemed a new
application for the purpose of establishing time periods pursuant to TMC 18.104.130 when such
modification would result in a substantial change in a project's review requirements, as
determined by the Department.
Section 18.104.150 Vesting
A. Applications for Type 1, 2, 3, 4 and Type 5 decisions (other than rezones and
shoreline environment redesignations) shall be considered under the zoning and other land use
control ordinances in effect on the date a complete application is filed meeting all of the
requirements of TMC 18.104.070. The Department's issuance of a notice of complete
application as provided in TMC 18.104.070(A) or (C), or the failure of the Department to
provide such a notice as provided in TMC 18.104.070(B) or (C), shall cause an application to be
deemed complete for purposes of the vested rights doctrine.
B. Supplemental information required after filing of a complete application shall not
affect the validity of the vesting for such application.
C. Vesting of an application does not vest any subsequently required permits, nor
does it affect the requirements for vesting of subsequent permits or approvals.
D. A determination that an application is complete shall not be deemed to affect the
requirement of the vested rights doctrine that an application is not vested if it fails to comply
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with the zoning and other land use control ordinances in effect at the time a complete application
is filed.
Section 18.104.160 Hearing Scheduling Notice of Hearing
A. At least 14 days prior to any public hearings on Type 3, 4 and 5 decisions, open
record appeal hearings on Type 2 decisions and closed record appeal hearings on Type 4
decisions, the Department shall issue a Notice of Hearing by mail pursuant to the provisions of
TMC 18.104.120. In addition, at least 14 days before such hearing, the Director shall post the
Notice of Hearing on any posted notice board(s) erected pursuant to TMC 18.104.110. Such
Notice of Hearing shall include the following information:
1. The file number.
2. The name of the applicant.
3. A description of the project, the location, a list of the permits included in
the application and the location where the application, the staff report, and any environmental
documents or studies can be reviewed.
4. A site plan on 8 1/2 x 11 inch paper, if applicable.
5. The date, time, place and type of hearing.
6. The phone number of the Department and the name of the staff person
who can provide additional information on the application and the hearing.
B. The Director shall have the discretion to include additional information in the
Notice of Hearing if the Director determines that such information would increase public
awareness or understanding of the proposed project.
Section 18.104.170 Notice of Decision
A. The Department shall provide written notice in a timely manner of the final
decision on permits requiring Type 2, 3, 4 and 5 decisions and on permits requiring Type 1
decisions which require SEPA review. Such notice shall identify the threshold determination, if
any, and the procedures for administrative appeals, if any. Notice shall be delivered by first class
mail or in person to the applicant, to the Department of Ecology and to agencies with
jurisdiction, and to all parties of record.
B. Notices of Decision for Shoreline Substantial Development permits shall also
comply with the requirements of RCW ch. 90.58.
Section 18.104.180 Referral to Other City Departments
The Department shall refer permit applications and portions of permit applications to other City
departments and administrators with authority and /or expertise to review such applications. The
Department shall incorporate the decisions and consider the recommendations of such other City
departments and administrators in permits, approvals and recommendations issued pursuant to
this Title.
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Section 18.104.190 Date of Mailing
All notices issued pursuant to this Chapter shall be deemed to have been issued on the date on
which they are mailed by the Department.
CHAPTER 3 DECISION PROCESSES
A new chapter 18.108 is added to TMC Title 18 as follows:
Section 18.108.010 Type 1 Decision Process
A. Type 1 decisions shall be made by the City department or officer specified by
ordinance.
B. Type 1 decisions shall not be subject to administrative appeal and may be
appealed only to Superior Court pursuant to RCW ch. 36.70C, unless otherwise specified by
ordinance.
Section 18.108.020 Type 2 Decision Process
A. All Type 2 decisions shall be made by the Director, or in appropriate cases, the
Short Plat Committee, pursuant to the procedures set forth in TMC ch. 18.104.
B. Type 2 decisions other than Shoreline Substantial Development permits shall be
final unless appealed to the Board of Adjustment, the Planning Commission, or City Council, as
specified in TMC 18.104.010.
C. All appeals of Type 2 decisions other than appeals of Shoreline Substantial
Development permits shall be filed with the Department, which shall coordinate scheduling of
the appeal hearing with the appropriate appeal hearing body.
D. Appeal of a Shoreline Substantial Development permit shall be to the State
Shoreline Hearings Board pursuant to RCW ch. 90.58.
E. In the event that a project involves more than one Type 2 decision appealable to
different bodies and no Type 3, 4 or 5 decision, all appeals shall be consolidated in the following
sequence:
1. If an appeal to the City Council is involved, all appeals of Type 2
decisions shall be consolidated before the City Council.
2. If no appeal to the City Council is involved, all appeals of Type 2 decision
shall be consolidated before the Planning Commission.
F. All appeals of Type 2 decisions shall be open record appeals, processed pursuant
to the time limits and other procedures for such appeals specified in TMC ch. 18.116.
G. Following an open record appeal hearing on a Type 2 decision, the hearing body
shall render a written decision, including findings of fact and conclusions, and the Department
shall promptly issue a Notice of Decision pursuant to TMC 18.104.170.
H. The decisions of the Board of Adjustment, the Planning Commission and the City
Council regarding Type 2 decisions shall be final and shall be appealable only to Superior Court
pursuant to RCW ch. 36.70C.
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Section 18.108.030 Type 3 Decision Process
A. Type 3 decisions shall be made by the Board of Adjustment following an open
record public hearing. Such public hearing shall be conducted in accordance with the procedures
for open record public hearings specified in TMC ch. 18.112.
B. Following a public hearing on a Type 3 decision, the hearing body shall render a
written decision, including fmdings of fact and conclusions, and the Department shall promptly
issue a Notice of Decision pursuant to TMC 18.104.170.
C. The decision of the Board of Adjustment shall be fmal and shall be appealable
only to Superior Court pursuant to RCW ch. 36.70C.
Section 18.108.040 Type 4 Decision Process
A. Type 4 decisions shall be made by the Board of Architectural Review or Planning
Commission, as appropriate, following a open record public hearing.
B. Type 4 decisions by the Board of Architectural Review or Planning Commission,
except shoreline conditional use permits, shall be final unless an appeal is filed to the City
Council pursuant to TMC ch. 18.116.
C. Following a public hearing on a Type 4 decision, the Board of Architectural
Review or Planning Commission shall render a written decision, including findings of fact and
conclusions, and the Department shall promptly issue a Notice of Decision pursuant to TMC
18.104.170.
D. All appeals of Type 4 decisions shall be filed with the Department within the
time limits specified in TMC 18.116.010, except shoreline conditional use permits, which shall
be appealable only to the State Shoreline Hearings Board pursuant to RCW ch. 90.58. The
Department shall coordinate scheduling of any City appeal hearing with the City Council.
E. All appeals of Type 4 decisions except shoreline conditional use permits, shall be
closed record appeals, processed pursuant to the time limits for such appeals specified in TMC
18.104.130.
F. Following a closed record appeal hearing on a Type 4 decision, the City Council
shall render a written decision, including fmdings of fact and conclusions, and the Department
shall promptly issue a Revised Notice of Decision pursuant to TMC 18.104.170.
G. The decision of the City Council regarding a Type 4 decision shall be fmal and
shall be appealable only to Superior Court pursuant to RCW ch. 36.70C.
Section 18.108.050 Type 5 Decision Process
A. The Notice of Application for a Type 5 decision shall set a date for a public
meeting, which shall be conducted at least 5 calendar days prior to the end of the public comment
period and at least 14 calendar days prior to the City Council public hearing. The public meeting
shall be staffed by a representative of the Department, who shall explain the decision criteria
applicable to the proposal and the process by which decisions will be reached. The applicant or
applicant's representative shall describe the proposal which is the subject of the application.
Information and comments submitted at the public meeting shall be considered by the
Department in the preparation of its recommendation to the City Council, but shall not
constitute part of the public record to be considered by the City Council in its deliberations.
17
B. Type 5 decisions shall be made by the City Council following an open record
public hearing.
C. Following a public hearing on a Type 5 decision, the City Council shall render a
written decision, including fmdings of fact and conclusions, and the Department shall promptly
issue a Notice of Decision pursuant to TMC 18.104.170.
D. The decision of the City Council regarding a Type 5 decision shall be final and
shall be appealable only to Superior Court pursuant to RCW ch. 36.70C.
Section 18.108.060 Legislative Decisions
The procedures set forth in TMC chapters 18.104 through 18.116 shall not be applicable to the
adoption or amendment of any comprehensive plan or subarea plan, or to area wide rezoning
processes, area wide shoreline redesignation processes, street vacations, or other legislative
decisions.
CHAPTER 4 PUBLIC HEARING PROCESSES
A new chapter 18. 112 is added to TMC Title 18 as follows:
Section 18.112.010 Rules Applicable to Public Hearings and Appeals
The provisions of this Chapter shall apply to all public hearings and to all appeal hearings under
this Title. The provisions of this Chapter do not apply to the adoption or amendment of the
Comprehensive Plan or Development Regulations, or other legislative decisions.
Section 18.112.020 Report by department, Notice of Hearing
A. When a Type 3, 4, or 5 decision has been set for public hearing, or an appeal of a
Type 2 decision has been set for an open record appeal hearing, the Department shall coordinate
and assemble the reviews of other departments and governmental agencies having an interest in
the application and shall prepare a report summarizing the factors involved and the Department's
findings and recommendation, or decision, as appropriate. Attachments and appendixes to the
report need not be mailed to parties, but shall be made available for inspection and copying
during normal City business hours at the Department. Prior to the scheduled hearing, the report,
and in the case of appeals, the Notice of Appeal submitted to the City, shall be filed with the
hearing body which will conduct the hearing and copies thereof shall be mailed to all parties of
record who have requested a copy thereof.
B. If the Notice of Application did not identify a date for the public hearing, a Notice
of Hearing shall be issued by the Department at least fourteen (14) days prior to any public
hearing or open record appeal hearing under this Chapter. Such Notice shall be mailed pursuant
to TMC 18.104.120 and the posted notice erected pursuant to TMC 18.104.110 shall be
modified to include the Notice of Hearing.
the applicant.
C. All required Notices of Hearing shall contain the following information:
1. The file number.
2. The name of the applicant and the owner of the property, if different than
18
3. A description of the project, the location, a list of the permits included in
the application and the location where the application, staff report and any environmental
documents or studies can be reviewed.
4. The date, time and place of the public hearing.
5. The name and telephone number of the Depai anent staff person who can
be called for further information.
Section 18.112.030 Hearing Scheduling
Public hearings on Type 3, 4 and 5 decisions, open record appeal hearings on Type 2 decisions
and closed record appeal hearings on Type 4 decisions shall be scheduled by the Department to
ensure that final decisions are issued within the time periods provided in TMC 18.104.130.
Section 18.112.040 Hearing Process Limitations on Testimony
To avoid unnecessary delay and to promote efficiency of the hearing process, the hearing body
shall limit testimony to that which is relevant to the matter being heard, in light of adopted City
policies and regulations, and shall exclude evidence and cross examination that is irrelevant,
cumulative or unduly repetitious. The heanng body may establish reasonable time limits for the
presentation of direct oral testimony, rebuttal testimony and argument.
Section 18.112.050 Scope of Decisions
A. Any hearing body conducting a public hearing shall have the authority to approve,
deny or approve with conditions a project permit application, based on the hearing body's
findings of fact and conclusions.
B. Said findings and conclusions shall set forth and demonstrate the manner in which
the action is consistent with, carries out and helps implement applicable state laws and
regulations and the regulations, policies, objectives and goals of the City's Comprehensive Plan,
the City' s Development Regulations and other applicable official laws, ordinances, rules and
regulations. Any hearing body may adopt as its own, findings and conclusions recommended by
the Department. The City Council may adopt as its own all or portions of Board of
Architectural Review and Planning Commission's findings and conclusions regarding Type 4
decisions.
C. In the event that a hearing body determines that it lacks adequate information on
which to make findings of fact necessary to its decision, the hearing body may remand the project
permit to the Department for additional information, provided that if the City Council, in the
case of a Type 4 closed record appeal hearing, determines that it lacks adequate information on
which to make findings of fact necessary to its decision, the City Council shall remand the
project permit to the Board of Architectural Review or Planning Commission with instructions to
re -open the public hearing to take additional testimony and provide the Board of Architectural
Review or Planning Commission's findings on the factual issue(s) identified by the City Council
as requiring such additional information.
Section 18.112.060 Combined Public Hearing Processes Other Agencies
If requested to do so by the applicant, the Department, pursuant to RCW 36.70B.110(7), shall
combine any public hearing held pursuant to this Chapter with public hearings held by other
agencies on the same project, so long as such joint hearing can be held within the time limits of
TMC 18.104.130, unless the applicant agrees to a different hearing schedule.
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CHAPTER 5 APPEAL PROCESSES
A new chapter 18.116 is added to TMC Title 18 as follows:
Section 18.116.010 Time for Filing Appeal
A. Except for shoreline permits which are appealable to the state Shorelines Hearings
Board, all notices 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 fourteen (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 (7) calendar days if the project involves any one
or more of the following situations:
714(3).
1. There is another agency with jurisdiction as defined in WAC 197 -11-
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 and grading permit not categorically exempt
under WAC 197 -11 -800 through 197 -11 -880.
4. A Mitigated Declaration 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
fourteen (14) days of the date of issuance of a final code interpretation by the Director.
C. 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 18.116.020 Dismissal of Untimely Appeals
On its own motion, or on the motion of a party, the Department or any hearing body shall
dismiss an appeal for untimeliness or lack of jurisdiction.
Section 18.116.030 Notice of Appeal Contents
A. Every Notice of Appeal shall contain the following information:
1. The name of the appealing party.
2. The address and phone number of the appealing party; and if the appealing
party is a corporation, association or other group, the address and phone number of a contact
person authorized to receive notices on the appealing party's behalf.
3. A statement identifying the decision being appealed and the alleged errors
in that decision. The Notice of Appeal shall state specific errors of fact or errors in application
of the law in the decision being appealed; the harm suffered or anticipated by the appellant, and
the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice
of Appeal.
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B. The Notice of Appeal shall be distributed by the Department to the body
designated to hear the appeal and to parties of record pursuant to TMC 18.112.020(A).
CHAPTER 6 MISCELLANEOUS
Section 601 Severability
Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance be
declared unconstitutional or invalid for any reason, such decisions shall not affect the validity of
the remaining portion of this ordinance.
Section 602 Effective Date
This ordinance shall apply to all land use permit applications filed on and after April 1,
1996, except applications for road vacations, landmark designations, and approvals
related to the use of public areas or facilities.
PASSED BY THE CITY COUNCIL OF E CITY of TUKWILA,
WASHINGTON, at a Regular Meeting thereof this day of A.L.ii 1996.
ATTEST /AUTHENTICATED
r-A-eh-' Lgit-te 04.6
Jane E. Cantu, ety Clerk
APPRO ED AS TO FORM:
B Y l/A 2 3-,
Office of the City A evP
FILED WITH THE CITY CLERK: Co- `I f 4
PASSED BY THE CITY COUNCIL: 1- 16
PUBLISHED: 7- 5 9
EFFECTIVE DATE: April 1, 1996
ORDINANCE NO.: 7 8
21
(4)
W. Rants, Mayor
ie,,,,---
SUMMARY OF ORDINANCE NO. J n r
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, IMPLEMENTING THE PERMIT PROCESSING
REQUIREMENTS OF RCW CH.36.70B, AMENDING CHAPTER
18.06 OF THE TUKWILA MUNICIPAL CODE, ADDING NEW
CHAPTERS TO TITLE 18 OF THE TUKWILA MUNICIPAL
CODE, PROVIDING FOR STANDARDIZED PROCEDURES FOR
THE SUBMITTAL, REVIEW AND ISSUANCE OF LAND USE
PERMITS, AND PROVIDING PROCEDURES FOR APPEALS.
On 9‘ the City Council of the City of Tukwila passed Ordinance
No. 7b i mplementing the permit processing requirements of RCW 36.70B.
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 7,4h G
Published Seattle Times: 9ta-7 5, /Y,
CITY OF TUKWILA
,c.at/ 3 G=EC.
/Jane E. Cant ity Clerk