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Ordinance No. 2119 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING TMC 18.104.010 AND 18.108.040, TO
CHANGE THE APPEAL BODIES FOR CERTAIN LAND USE DECISIONS;
REPEALING ORDINANCE NOS. 1768 §3 (PART), 1796 §3 (PART), 1841 §2,
1857 §7, 2005 §20, 2066 §2, 2097 §22, AND 2098 §4; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to remove itself from certain quasi judicial
appeals; and
WHEREAS, the City Council desires that the Planning Commission be the hearing
body for preliminary plats; and
WHEREAS, the City Council desires to be the appeal body for exceptions from the
single family design standards;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. TMC 18.104.010, Amended. Tukwila Municipal Code Section 18.104.010,
Classification of Project Permit Applications, is hereby amended to read as follows:
18.104.010 Classification of Project Permit Applications
A. Project permit decisions are classified into five types, based on the degree 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 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.
TYPE 1 DECISIONS
TYPE OF PERMIT DECISION MAKER
Any land use permit or approval issued by the City, unless As specified by
specifically categorized as a Type 2, 3, 4, or 5 decision by this ordinance
Chapter
Boundary Line Adjustment, including Lot Consolidation Community
Development Director
Development Permit Building Official
Minor modification to BAR approved design Community
(TMC 18.60.030) Development Director
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TYPE OF PERMIT
Administrative Design Review
(TMC 18.60.030)
Administrative Planned Residential
Development (TMC 18.46.110)
Binding Site Improvement Plan
(TMC Chapter 17.16)
Code Interpretation (TMC 18.90.010)
Decision regarding Sensitive Areas
(except Reasonable Use Exception)
(TMC Chapter 18.45)
Exception from Single Family Design
Standard (TMC 18.50.050)
Parking standard for use not specified
(TMC 18.56.100)
Placement of Cargo Container
(TMC 18.50.060)
Shoreline Substantial Development
Permit (TMC Chapter 18.44)
Short Plat (TMC Chapter 17.12)
Sign Area Increase (TMC 19.32.140)
Sign Permit Denial (TMC Chapter 19.12)
Special Permission Parking, and
Modifications to Certain Parking
Standards (TMC 18.56.065 .070)
Special Permission Sign, except "unique
sign" (various sections of TMC Title 19)
TYPE 1 DECISIONS (Continued)
TYPE OF PERMIT
Minor Modification to PRD (TMC 18.46.130)
Sign Permit, except for those sign permits specifically
requiring approval of the Planning Commission, or denials of
sign permits, that are appealable
Tree Permit (TMC 18.54)
C. Type 2 decisions are decisions that are initially made by the Director or, in
certain cases, other City Administrators or Committees, but that are subject to an open
record appeal to the Hearing Examiner, Planning Commission, City Council, or in the
case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to
RCW 90.58.
TYPE 2 DECISIONS
INITIAL
DECISION MAKER
Community
Development Director
Short Plat Committee
Short Plat Committee
Community
Development Director
Community
Development Director
Community
Development Director
Community
Development Director
Community
Development Director
Community
Development Director
I Short Plat Committee
Community
Development Director
Community
Development Director
Community
Development Director
DECISION MAKER
Community
Development Director
Community
Development Director
Community
Development Director
APPEAL BODY
(open record appeal)
Board of
Architectural
Review
Hearing Examiner
Hearing Examiner
Hearing Examiner
Planning
Commission
City Council
Hearing Examiner
Hearing Examiner
State Shorelines
Hearings Board
I Hearing Examiner
Planning
Commission
Planning
Commission
Hearing Examiner
Community Planning
Development Director Commission
D. Type 3 decisions are quasi judicial decisions made by the Hearing Examiner
following an open record hearing. Type 3 decisions may be appealed only to Superior
Court, except for shoreline variances that may be appealed to the State Shorelines
Hearings Board pursuant to RCW 90.58.
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TYPE OF PERMIT
TYPE OF PERMIT
Conditional Use Permit
(TMC Chapter 18.64)
Modifications to Certain Parking
Standards (TMC Chapter 18.56)
Public Hearing Design Review
(TMC Chapter 18.60)
Reasonable Use Exceptions under
Sensitive Areas Ordinance
(TMC 18.45.180)
Shoreline Conditional Use Permit
(TMC 18.44.050)
Subdivision Preliminary Plat
(TMC 17.14.020)
Unique Signs (TMC 19.28.010)
Variance from Parking Standards Over
10% (TMC 18.56.140)
TYPE 3 DECISIONS
Resolve uncertain zone district boundary
Variance (zoning, shoreline, sidewalk, land alteration, sign)
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 Hearing Examiner or the City Council, based on the
record established by the Board of Architectural Review or Planning Commission,
except Shoreline Conditional Use Permits, that are appealable to the State Shorelines
Hearings Board pursuant to RCW 90.58.
TYPE 4 DECISIONS
INITIAL
DECISION
MAKER
Planning Commission
Planning Commission
Board of Architectural
Review
Planning Commission
Planning Commission
Planning Commission
I Planning Commission
Planning Commission
F. Type 5 decisions are quasi judicial decisions made by the Hearing Examiner or
City Council following an open record hearing. Type 5 decisions may be appealed only
to Superior Court.
TYPE 5 DECISIONS
TYPE OF PERMIT
Planned Residential Development (PRD), including Major
Modifications (TMC Chapter 18.46)
Rezone (TMC Chapter 18.84)
Sensitive Area Master Plan Overlay (TMC 18.45.160)
Shoreline Environment Redesignation (Shoreline Master Program)
Subdivision Final Plat (TMC 17.14.030)
Unclassified Use (TMC Chapter 18.66)
DECISION
MAKER
j Hearing Examiner
Hearing Examiner
APPEAL BODY
(closed record
appeal)
City Council
Hearing Examiner
City Council
City Council
State Shorelines
Hearings Board
City Council
I City Council
Hearing Examiner
DECISION
MAKER
City Council
City Council
City Council
City Council
City Council
City Council
Section 2. Ordinance 1768 §3 (part), as codified at TMC 18.108.040, is hereby
amended to read as follows:
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18.108.040 Type 4 Decision Process
A. The Board of Architectural Review or Planning Commission shall make Type 4
Decisions, as appropriate, following an 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 or Hearing Examiner pursuant to TMC Chapter 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, that
shall be appealable only to the State Shorelines Hearings Board pursuant to RCW 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, and 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 or Hearing Examiner shall render a written decision, including findings 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 or Hearing Examiner regarding a Type 4
decision shall be final and shall be appealable only to Superior Court pursuant to RCW
36.70C.
Section 3. Repealer. Ordinance Nos. 1768 §3 (part), 1796 §3 (part), 1841 §2, 1857 §7,
2005 §20, 2066 §2, 2097 §22, and 2098 §4 are hereby repealed.
Section 4. 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 5. 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 five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITYQF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this 20TH DAY OF MARCH, 2006.
ATTEST/ AUTHENTICATED:
JANE E. Cantu, Clerk
APPROVED.-AS
Office the City tt
Steven M. Mullet, Mayor
Filed with the City Clerk: /6' -e61
Passed by the City Council: ,7ZC C`
Published:
Effective Date:
Ordinance Number: ,21/
C f
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SUMMARY OF ORDINANCE
No. 2119
City of Tukwila, Washington
On March 20, 2006, the City Council of the City of Tukwila, Washington, adopted
Ordinance No.2119, the main points of which are summarized by its title as follows:
An ordinance of the City Council of the City of Tukwila, Washington, amending
TMC 18.104.010 and 18.108.040, to change the appeal bodies for certain land use
decisions; repealing Ordinance Nos. 1768 §3 (part), 1796 §3 (part), 1841 §2, 1857 §7,
2005 §20, 2066 §2, 2097 §22, and 2098 §4; providing for severability; and establishing
an effective date.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at their Regular Meeting of March 20, 2006.
Lt ,C
Jaffe E. CantuCMC, City Clerk
i
Published Seattle Times: March 24, 2006