Chapter 14.18
LAND USE PERMIT APPLICATION DECISIONS AND APPEALS
Sections:
14.18.020 Appeals of administrative approvals.
14.18.030 Appeals of State Environmental Policy Act related matters.
14.18.040 Notice of open record and appeal hearings.
14.18.050 Combined public hearings.
14.18.010 Notice of decision.
A. The notice of decision shall be issued pursuant to the general notice requirements of TMC 14.10.050.
B. Final Hearing Examiner Decisions.
1. Not later than ten working days following the decision of the hearing examiner granting or denying a land use permit application or an appeal, the applicant and parties of record shall be notified of the decision in writing.
2. Such written notification shall include the findings of fact for denial or approval, whichever is applicable.
C. Written notice for all final decisions shall be sent to the applicant and all parties of record.
D. The notice shall include:
1. A statement of any threshold determination made under Chapter 43.21C RCW;
2. Procedures for administrative or judicial appeal, if any; and
3. A statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. The department shall provide the notice of decision to the county assessor’s office.
(Ord. O2024-005, Added, 12/03/2024)
14.18.020 Appeals of administrative approvals.
A. Written appeals of Type I and Type II land use permit application decisions may be filed with the city clerk within fourteen days of the final director decision pursuant to TMC Table 14.12.020(B).
B. The appeal shall specify the grounds for the appeal and be accompanied by a fee as established by a resolution of the city council.
C. Upon receiving such an appeal, the city clerk shall immediately forward the appeal to the hearing examiner, along with all records and proceedings pertaining to the decision, together with such additional written report as the director deems pertinent.
D. The hearing examiner shall set a date for a hearing of the appeal.
E. Notice of any required public hearing, stating the nature of the appeal with time and location of hearing, shall follow the procedures outlined in TMC 14.18.040.
F. In exercising their powers, so long as such action is in conformity with the terms of the Tumwater Municipal Code, the hearing examiner may reverse or affirm, wholly or partly, or may modify the decision, and to that end, shall have all power of the director from whom the appeal is being taken, insofar as the decision on the particular issue is concerned, and in making the determination, the hearing examiner may hear any pertinent facts bearing on the case.
(Ord. O2024-005, Added, 12/03/2024)
14.18.030 Appeals of State Environmental Policy Act related matters.
A. The city establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:
1. Any aggrieved party may file an appeal concerning the city’s conditioning, lack of conditioning or denial of an action pursuant to Chapter 197-11 WAC. All such appeals shall be made to the hearing examiner and must be filed within six days after the comment period for the threshold decision has expired. This appeal and any other appeal of a land use action shall be considered together.
2. The following threshold decisions or actions are subject to timely appeal:
a. Determination of Significance. Appeal of a determination of significance or a claim of error for failure to issue a determination of significance may only be appealed to the hearing examiner within that fourteen-day period immediately following issuance of such initial determination.
b. Determination of Nonsignificance or Mitigated Determination of Nonsignificance. Conditions of approval and the lack of specific conditions may be appealed to the hearing examiner within six calendar days after the SEPA comment period expires.
c. Environmental Impact Statement. A challenge to a determination of adequacy of a final EIS may be heard by the hearing examiner in conjunction with any appeal or hearing regarding the associated land use permit. Where no hearing is associated with the proposed action, an appeal of the determination of adequacy must be filed within fourteen days after the thirty-day comment period has expired.
d. Denial of a Proposal. Any denial of a project or nonproject action using SEPA policies and rules may be appealed to the hearing examiner within six days following the final administrative decision.
3. For any appeal under subsection A of this section the city shall keep a record of the appeal proceedings, which shall consist of the following information:
a. Findings and conclusions;
b. Testimony under oath; and
c. A taped or written transcript.
4. Any procedural determination by the city’s responsible official shall carry substantial weight in any appeal proceeding.
B. The city shall give official notice under WAC 197-11-680(5) whenever it issues a land use permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal.
(Ord. O2024-005, Added, 12/03/2024)
14.18.040 Notice of open record and appeal hearings.
A. Notice of a public hearing for all land use permit applications and all open record appeals shall be given as follows:
1. Time, Form, and Content of Notices. Except as otherwise required, public notification of meetings, hearings, and pending actions under TMC Title 14, Development Code Administration, TMC Title 16, Environment, TMC Title 17, Land Division, and TMC Title 18, Zoning, shall be made at least ten days before the date of the public meeting, hearing, or pending action pursuant to the general notice procedures in TMC 14.10.050.
2. Continuations. If, for any reason, a meeting or hearing on a pending action cannot be completed on the date set in the public notice, the meeting or hearing may be continued to a date certain and no further notice under TMC 14.18.040 is required.
(Ord. O2024-005, Added, 12/03/2024)
14.18.050 Combined public hearings.
A. At the request of the applicant, the city may combine any hearing on a land use permit with any hearing that may be held by another local, state, regional, federal, or other agency, if:
1. The hearing is held within the city; and
2. The applicant agrees to the schedule if additional time is needed to combine the hearings.
B. The city is authorized to issue joint hearing notices and develop a joint format, select a mutually acceptable hearing body or officer, and take such other actions as may be necessary to hold joint hearings consistent with its respective statutory obligations.
(Ord. O2024-005, Added, 12/03/2024)